05-18-04 Agenda Reg
City of Delray Beach fP;
Regular Commission Meeting
I ==::J
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
TuesdllY' MlIY 18. 2004 and the right to limit discussion rests with the Commission, Generally, remarks
by an Individual will be limited to three minutes or less. The Mayor or
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m. A Publ. H. An. . . .tl d ak' d thi
C "Ch b . lC eanngs: y CItIzen IS entI e to spe on Items un er s
omm18810n am ers section.
Delray Beach City Hall
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section, The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections,
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais, If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item,
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record, All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record,
100 NW 1st Avenue
Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or activity conducted by.the City. Contact Doug Randolph at 243-
Fax: (561) 243-3774 7127,24 hours pnor to the event lt1 order for the City to accommodate your
request. Adapl1ve listerung deVlces are available for meetlngs lt1 the
Commission Chambers.
1. ROLL CALL.
2, INVOCATION.
3, PLEDGE OF ALLEGIANCE TO THE FLAG.
4, AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. May 4, 2004 - Regular Minutes
6, PROCLAMATIONS:
A. National Safe Boating Week - May 22-28, 2004
B. Advocacy in Education Awareness Day - May 20, 2004
C. National Garden Week - June 6-12, 2004
D, National Elder Law Month - May 2004
E, Tinnitus Awareness Week - May 15-22, 2004
7. PRESENTATIONS:
A. Morikami Park Elementary Children - Nancy Stewart
B. Employee Suggestion Award to Eric Aronowitz, Police Officer
C. RESOLUTION NO. 36-04: Recognizing and Commending Officer Whatley, Officer
Miller and Officer Coleman
8. CONSENT AGENDA: City Manager Recommends Approval.
A. 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.
B, NEIGHBORHOOD ADVISORY COUNCIL: Approve the Rules and Regulations
of the Neighborhood Advisory Council.
C. CEMETERY FEES: Approve an increase in price for burial plots and in fees for
opening and closing graves at the Delray Beach Cemetery.
D. SERVICE AUTHORIZATION NO. 15/ROBERT G. CURRIE
PARTNERSHIP. INC.: Approve Service Authorization No, 15 to Robert G. Currie
Partnership, Inc, in the amount of $71,285.00 for design services for the preparation of
permit and construction documents for the Delray Swim and Tennis Center Clubhouse
Project. Funding is available from 117-4133-572-62.10 (Delray Swim & Tennis
Club/Buildings).
05-18-2004
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E. RESOLUTION NO. 39-04: Approve Resolution No, 39-04 authorizing the City's
withdrawal from the Palm Beach Countywide Beaches and Shores Council.
F. RESOLUTION NO. 40-04: Approve Resolution No. 40-04 opposing the Strong
Mayor initiative for Palm Beach County.
G. PURCHASE ORDER INCREASES/ORIGINAL EOUlPMENT
MANUFACTURERS (OEM) PARTS: Approve blanket purchase order increases of
$10,000.00 to purchase order #615369, $6,000.00 to purchase order #617725, and
$10,000 to purchase order #615667 for the purchase of non-stock original equipment
manufacturers parts for automotive repairs performed by the City Garage. Funding is
available from 501-3311-591-52,50 (Garage Fund/Vehicle Maintenance/Parts),
H. RESOLUTION NO. 37-04: Approve Resolution No. 37-04 authorizing a master
lease agreement with SunTrost Leasing Corporation and lease purchase financing for
IBM iSeries equipment and software totaling $581,420.00.
L RESOLUTION NO. 38-04: Approve Resolution No, 38-04 authorizing the
reimbursement of original expenditures with proceeds of lease purchase financing of
IBM iSeries equipment and software totaling $581,420,00.
J. SPECIAL EVENT REOUEST /SUMMER NIGHTS: Approve a special event
request for the Summer Nights on the Avenue 2004 program, granting a temporary use
permit per LDR Section 2.4.6(H) for use of City property and right-of-way at various
locations, staff support for security and traffic control, street barricade set up/removal,
banner and signage set up / removal, stage set up/use and removal, and trash clean
up/removal, with payment to the City for 50% of overtime costs exceeding $5,000.00.
K. AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH
HIGHLAND BEACH FOR SEWAGE DISPOSAL: Approve the Amended and
Restated Interlocal Agreement for the Disposal of Pretreated Sanitary Sewage with the
Town of Highland Beach.
L. REVIEW OF APPEALABT.F. LAND DF.VF.T .OPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 3, 2004 through May 14, 2004.
M. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Colonna Construction in the amount of $298,308,00 for the 2002
Sidewalk Improvement Project on various streets. Funding is available from
118-1965-554-63.11 (Community Development Fund/Bikepaths/Sidewalks)
and 334-3162-541-65.61 (General Construction Fund/Downtown Pedestrian
Network),
05-18-2004
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2. Purchase award to Automotive Resources, Inc. in the amount of $17,177.36 via
the Florida GSA (General Services Admin.) Contract No. GS-07F-7172B for
the purchase of one (1) 2-Post, 30,000 lb. capacity, mobile lifting system for the
City Garage. Funding is available from 501-3311-591-64.90 (Central Garage
Fund/Other Machinery/Equipment-FY 2004/2005).
3. Purchase award to Duval Ford in the amount of $148,392,00 via the Florida
Sheriffs' Association Contract for the purchase of six (6) police pursuit vehicles
for the Police Department, Funding is available from 501-3312-591-64.20
(Central Garage Fund/Automotive).
9. REGULAR AGENDA:
A. MOTION TO RESCIND COMMISSION DECISION/HANDELSMAN
YET.T ,OW BUll .DING: The applicant is requesting a reconsideration of the City
Commission's denial of the request from Handdsman Yellow Building f/k/a the Blank
House for the purchase of six (6) in-lieu parking spaces in the amount of $72,000.00,
The Blank House is located at 85 S.E. 6th Avenue, Requires a motion for
reconsideration from a Commissioner who voted against approval.
B, WAIVER REOUEST /COMMUNITY PRIMITIVE BAPTIST CHURCH:
Consider a request to waive Land Devdopment Regulations (LOR) Section 2.4.3(K)(1)
"Devdopment Application Fees" for Community Primitive Baptist Church, located at
33 N.W. 11th Avenue, pursuant to WR Section 2.4,7(B)(5). (Quasi-Judicial Hearing)
C. CONSULTANT RANKING FOR OT .D SCHOOL SOUARE PARKING
GARAGE: Consider approval of the rankings for consultants regarding the Old School
Square Parking Garage Project and authorize staff to negotiate with the linn ranked
first, PGAL/Eliopoulos, for a consulting contract.
D, ESTABLISH PERFORMANCE MEASURES FOR GOLF COURSES AND
TENNIS FACILITIES: Consider approval of proposed performance measures for
FY 2003-2004 for the Municipal Golf Course, Lakeview Golf Course, and Tennis
facilities.
E. SHUTIT.R SERVICE: Consider approval of a grant application to partially fund
shuttle services between Tri-Rail and the beach in accordance with Comprehensive Plan
Policy D-3.6 of the Transportation Element.
F. APPEAL OF DECISION/SOUTHERN WASTE SYSTEMS V. CITY OF
DELRAY BEACH: Consider authorizing the City to appeal the court's decision in the
case of South em Waste Systems v. the City of Delray Beach.
G. PROPOSAL FOR SETILEMENT IN AERO PRODUCTS CORPORATION
D/B/A AMERICAN LAFRANCE MEDICMASTER v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in Aero Products Corporation d/b/a
American LaFrance MedicMaster v. City of Delray Beach, Staff recommendation is
acceptance,
05-18-2004
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H. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police and
Firefighters Retirement System Board of Trustees to fill a two year term ending June 30,
2006, Based on the rotation system, the appointment will be made by Commissioner
Levinson (Seat #3).
L APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) slNdtnt
member to the Education Board for an unexpired term ending July 31, 2005. Based on
the rotation system, the appointment will be made by Mayor Perlman (Seat #5),
J. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
COMMITTEE: Appoint one member to the Boca Raton Aviation Advisory
Committee for a two (2) year term ending May 31, 2006. Based on the rotation system,
the appointment will be made by Commissioner Archer (Seat #2),
10, PUBLIC HEARINGS:
A, ORDINANCE NO. 24-04: An ordinance amending the Land Development
Regulations Section 4.6.15(G) regarding swimming pool setback requirements.
B. ORDINANCE NO. 25-04: An ordinance amending the Land Development
Regulations Sections 2.2.3(B) and 2.2.6(B) regarding the composition and special
qualifications for the Site Plan Review and Appearance Board and the Historic
Preservation Board.
C. ORDINANCE NO. 28-04: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Section 35,105, "Administration by Retirement Committee", by
amending Section 35,1 05(A)(1), to provide for the naming of the position of Finance
Director as a member of the board,
It. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B, From the Public.
12, FIRST READINGS:
. NONE
13, COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B, City Attorney
C. City Commission
05-18-2004
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14, CLOSED ATTORNEY/CLIENT SESSION pursuant to F.s. 286.011(8) re: the case of
Florida Blacktop, Inc. v, the City of Delray Beach, Florida.
Attendees: Mayor Jeff Periman
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jon Levinson
Commissioner Robert Costin
City Manager David Harden
City Attorney Susan Ruby
Attorney Malcolm Cunningham
Attorney John Hockin
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
15. SETTLEMENT OF FLORIDA BLACKTOP. INC. v. CITY OF DELRAY BEACH
POSTED: MAY 14, 2004
05-18-2004
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MAY 4. 2004
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, May 4, 2004.
1, Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Terrill Pyburn, Assistant City Attorney
Chevelle D. Nubin, Deputy City Clerk
2. The opening prayer was delivered by Reverend Richard Evans with Abbey
Delray South.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Perlman requested Item 9.K., Reauest to Release
Liens/Communitv RedeveloDment Al!encv be moved to Item 9.G. and Item 9.G.,
Bridl!e ODeninl!s be moved to Item 9.K.
Mayor Perlman stated there is additional information regarding the
funding account for Item 8.P., Site Evaluation ContractlWeed & Seed.
Mayor Perlman noted there is a revised caption for Item 12.A.,
Ordinance No. 24-04.
Ms. McCarthy requested Item 8.E., AcceDtance of Sidewalk Easement,
of the Consent Agenda be moved to the Regular Agenda as Item 9.A.
Mr. Levinson moved to approve the Agenda as amended, seconded by Ms,
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr, Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of
April 13, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
Mr. Costin moved to approve the Minutes of the Regular Meeting of April
20, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr, Levinson - Yes; Ms, McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Carver Hil!h School Reunion
Mayor Perlman read and presented a proclamation hereby proclaiming
July 7-11, 2004 as Carver High School All School Reunion Week. Ernestine Holliday
came forward to accept the proclamation.
6.B. National Preservation Week - Mav 3-9, 2004
Mayor Perlman read and presented a proclamation hereby proclaiming
May 3-9, 2004 as National Preservation Week. Dottie Patterson came forward to accept
the proclamation,
7. PRESENTATIONS:
7.A. Awards Presentation - Historic Preservation Week Poster Contest
The City of Delray Beach and the Community Redevelopment Agency
(CRA) sponsor an annual poster contest to celebrate National Preservation Week.
Preservation Week is recognized the week of May 3-9, 2004 and the theme is ''New
Frontiers in Historic Preservation".
Wendy Shay, Senior Planner presented the following winners with
certificates:
. Tony Milanese from American Heritage (first place)
. Dawn Kelly from Toussaint L'Ouverture High School (second
place)
. Frank VanAmburgh from American Heritage (third place)
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05/04/04
7.B. Historic Preservation Board Awards for Outstandinl! Preservation
Work
Wendy Shay, Senior Planner stated the Historic Preservation Board (HPB)
is conducting its 1st Annual Preservation Recognition Award Program. The awards are
given to those property owners and their design teams who have significantly contributed
to the preservation and rehabilitation of historic properties throughout the city. Eligible
projects are those that were approved by the Board, and received a Certificate of
Occupancy during the previous calendar year (January 1, 2003 - December 31,2003).
This year's design categories and recipients include:
HISTORIC HOUSE CONVERSION
House of Vintage, 123 South Swinton Avenue, Old School Square Historic District
. Michelle Parparian, Owner
. Gerald B. Chnrch, Site PlanJEngineer
. Carter & Associates, Landscape Architect
. Abney Associates, Architect
REHABILITATION
S.E. O'Neal House, 910 NE:rd Avenue
Individually Listed Historic Property
. Novo Development Corp., Owner
SIGNAGE
Bull Bar, 2 East Atlantic Avenue
Old School Square Historic District
. Carman Stewart, Owner
PA T CA YCE ACHIEVEMENT AWARD FOR EXCELLENCE IN PRESERVA TION
Amelung House, 102 NE 12 Street
Individually Listed Historic Property
. Eliopoulos Architecture, Inc. Owner/Architect
7.C. Delrav Affair - Lvnn Bialakis
Lynn Bialakis stated this year was the 42nd Annual Delray Affair and she
thanked the City Manager, City staff, and the Commission for their support. She stated
there was well over 250,000 people in attendance and commented the Delray Affair is a
large fundraiser for the Chamber of Commerce. In appreciation for their support, Ms.
Bialakis presented the Commission with a 2004 Poster, t-shirts, commemorative pins and
wine.
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05/04/04
8. 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 April 15, 2004.
8.B. FINAL SUBDIVISION PLAT APPROV ALIHARBOUR HOUSE
PLAT: Approve the subdivision plat for Harbour House, a four (4) lot fee simple
townhouse development, located at the northwest comer of N.E. 1st Street and the
Intracoastal Waterway.
8.C. RESOLUTION NO. 34-04: Approve the abandonment of a portion of
Canal Street right-of-way lying at the northwest comer of N.E, 1st Street and the
Intracoastal Waterway, adjacent to the proposed Harbour House Plat.
The caption of Resolution No. 34-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF CANAL STREET
RIGHT-OF-WAY, LOCATED AT THE NORTHEAST
CORNER OF N.E, 1ST STREET AND THE
INTRACOASTAL WATERWAY, AS MORE
PARTICULARLY DESCRIBED HEREIN,
(The official copy of Resolution No. 34-04 is on file in the City Clerk's
office.)
8.D. ACCEPTANCE OF UTILITY EASEMENT
AGREEMENT/PORTEN CUSTOM HOMES. L.C.: Approve a utility easement
agreement associated with the abandonment of a portion of Canal Street, located on the
northwest comer ofN.E. I st Street and the Intracoastal Waterway.
8.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.F. PALM BEACH COUNTY COURT PUBLIC AGENCY
COMMUNITY SERVICE AGREEMENT: Approve a Public Agency Agreement
with the Courts of the 15th Judicial Circuit that provides for the Parks & Recreation
Department's participation in the Palm Beach County Court Community Service Program
for community service workers at Pompey Park.
8.G. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL:
Authorize staff to submit a grant application to the Children's Services Council (CSC) for
funding in the approximate amount of $283,471.00 for the City's out of school program,
day camps and summer camp programs.
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05/04/04
8.H. SERVICE AUTHORIZATION NO. 10IHELLER-WEAVER AND
SHEREMETA. INC.: Approve Service Authorization No. 10 to Heller-Weaver and
Sheremeta, Inc. in the amount of $15,720.00 for the Lake Ida Area Water Main
Improvement Topographic Survey Project. Funding is available from 442-5178-536-
65.98 (Water/Sewer Renewal & Replacement/Lake Ida Area).
8.1. SERVICE AUTHORIZATION NO. 6/KIMLEY-HORN AND
ASSOCIATES. INC.: Approve Service Authorization No. 6 to Kimley-Hom and
Associates, Inc. in the amount of $151,970.00 for professional engineering services
related to the corridor study of U.S, I from S.E, 4th Street to N.E, 4th Street. Funding is
available from the Community Redevelopment Agency.
8.J. CHANGE ORDER NO. 2/FINAL P A YMENT/ROSSO PAVING AND
DRAINAGE, INC.: Approve Change Order No. 2 in the amount of a $5,030.00
decrease, and final payment in the amount of$15,612.80 to Rosso Paving and Drainage,
Inc. for completion of the Sherwood Park Traffic Calming Project. Funding is available
from 334-3162-541-65.60 (General Construction Fund/Traffic Calming).
8.K. CHANGE ORDER NO. lIFINAL PAYMENTIRPM GENERAL
CONTRACTORS. INC.: Approve Change Order No. I in the amount of a $980.36
decrease, and final payment in the amount of$2,407.28 to RPM General Contractors, Inc,
for completion of the Water Treatment Plant Control Room Modifications Project.
Funding IS available from 442-5178-536-62.10 (Water/Sewer Renewal &
Replacement/Buildings ).
8.L. CHANGE ORDER NO. lIFINAL PAYMENT/RANGER
CONSTRUCTION - SOUTH: Approve Change Order No. I in the amount of
$8,440,25 and final payment in the amount of$21,329.75 to Ranger Construction - South
for completion of the 2003 Street Resurfacing Project. Funding is available from 334-
3162-541-61.17 (Street Reconstruction).
8.M. TRANSPORTATION ENHANCEMENT GRANT APPLICATION:
Approve and authorize the Mayor to execute the 2004 Transportation Enhancement Grant
Application in the amount of $500,000.00 for the construction of bicycle lanes on
Homewood Boulevard from Lowson Boulevard to Atlantic Avenue.
8.N. RESOLUTION NO. 35-04: Approve a resolution requesting funds from
the Palm Beach County Emergency Medical Services Grant Award program to be used
for the purchase of an Advanced Life Support Equipment Upgrade Package for an
additional Engine Company at a cost of$25,649.81.
The caption of Resolution No. 35-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, REQUESTING
FUNDS FROM THE PALM BEACH COUNTY
EMERGENCY MEDICAL SERVICES GRANT AWARD
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05/04/04
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PROGRAM FOR FY 2004/2005,
(The official copy of Resolution No. 35-04 is on file in the City Clerk's
office,)
8.0. PAYMENT TO ALLIED CHARTER TOURS. INC.IDAVIS CUP:
Approve payment in the amount of $16,957.50 to Allied Charter Tours, Inc. for shuttle
bus service for employees and fans for the Davis Cup Event. Funding is available from
001-4210-575-55.44 (Tennis StadiumlDavis Cup)
8.P. SITE EVALUATION CONTRACT/WEED & SEED: Approve a
contract between the City and Treasure Coast Health Council (TCHC) in the amount of
$16,000,00 to conduct a Weed & Seed site evaluation as required by the Executive Office
of Weed & Seed (EOWS)/Department of Justice. Funding is available from 115-2125-
521-83.01 (Weed and Seed Grants/Other Grants/Aid).
~ CONTRACT/WEED & SEED: Approve an agreement between the
City, Weed & Seed Initiative, and New Innovations in the amount of $16,000.00 to fund
educational enrichment services provided by New Innovations to the Parks and
Recreation Department's Out-of-School Program, Funding is available from 115-2125-
521-83,01 (Weed and Seed Grants/Other Grants/Aid).
8.R. CONTRACTIWEED & SEED: Approve an agreement between Weed
& Seed Initiative and the Parks & Recreation Department in the amount up to $47,600.00
for funding the salary cost of personnel to provide computer training in the SEED TECH
computer lab. Funding is available from 115-2125-521-83.01 (Weed and Seed
Grants/Other Grants/Aid),
8.S. PURCHASE AWARD/CENTRAL FLORIDA YAMAHA: Approve a
purchase award to Central Florida Yamaha, Inc, in the amount of $15,950.00 for the
purchase of a Carolina Skiff Rescue BoatlDive Platform for the Fire Department. This is
a replacement for a boat that was handed down from Ocean Rescue. Funding is available
from 115-0000-248-64.00 (Paramedic Fund)
8.T. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve
a fund subsidy for one (1) eligible applicant/family in the amount of $22,500.00 for new
construction on N.W. 8th Avenue, This brings the number to 159 homeowners assisted
under the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home
Owner Subsidy).
8.U. SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENUE:
Approve and endorse the Art & Jazz on the Avenue scheduled for June 24, 2004 from
6:00 p.m. to 10;00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for
the closure of Atlantic Avenue from Swinton to N.R 7th Avenue, the south side of
Atlantic Avenue (one lane) from N.E. 7th Avenue to just past the Blue Anchor Pub,
Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic
Avenue to N.E. 1st Street (street closure will be from 3:00 p,m, to approximately
midnight), and authorize staff support for security and traffic control, banner hanging and
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05/04/04
removal, barricade set-up/removal, trash removal and clean up assistance.
S.V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period April 19, 2004 through April 30, 2004.
S.W. AWARD OF BIDS AND CONTRACTS:
h Contract award to Jones Company of South Florida in the amount
of$274,237.87 forretention ponds at N.W. 18th Avenue, N.W. 15th
Avenue, and S,W, 7th Avenue, Funding is available from 448-
5470-538-65.44 (Storm Water Utility Funds/N,E,/N.W. Area/Lake
Ida to Atlantic) and 448-5470-538-65.58 (Storm Water Utility
Funds/Other Improvements/S.W. Area Improvements).
2. Purchase award to Duval Ford in the amount of $28,000.00 via the
Florida Sheriffs' Association Contract for the purchase of one (I)
Police pursuit vehicle to replace one which was involved in an
accident. Funding is available from 501-3312-591-64.20 (Vehicle
Replacement).
Mr. Costin moved to approve the Consent Agenda as amended, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs, Archer - Yes; Mr. Levinson - Yes.
Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. POSTPONEMENT OF THE APPEAL OF THE HISTORIC
PRESERVATION BOARD'S ACTION ASSOCIATED WITH ASCOT OFFICE:
Consider a request to postpone the appeal of the Historic Preservation Board's action
associated with a Class V site plan for Ascot Office, located at the southwest comer of
N.E. I st A venue and N.E. 2nd Street.
Mr. Costin moved to postpone the appeal of the Historic Preservation
Board's action associated with a Class V site plan for Ascot Office, seconded by Mr,
Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs, Archer - Yes; Mr. Levinson - Yes; Ms, McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
9.A.A. ACCEPTANCE OF SIDEWALK EASEMENT: Approve acceptance
of a sidewalk easement for Lot 6, Block 59 - Linehan Property, located on the east side
ofN.W. 1st Avenue, north ofN.W. 1st Street.
Ms. McCarthy declared a conflict of interest and stepped down.
Mrs, Archer moved to approve the acceptance of the sidewalk easement,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin
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05/04/04
- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion
passed with a 4 to 0 vote,
9.B. REOUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD
HELPING. INC.: Consider a request from Community Neighborhood Helping, Inc. for
financial support in the amount of $4,000.00 for their Glory Awards Event to be held on
June 4, 2004.
Robert A. Barcinski, Assistant City Manager, stated on April 26, 2004
staff met with the Grant Review Committee and after careful review staff recommended
not to fund this request. The Committee also felt that expenses could be reduced.
Brief discussion followed by the Commission.
Mayor Perlman asked staff if Community Neighborhood Helping, Inc.
receives Community Development Block Grant (CDBG) funds through the City. In
response, Lula Butler, Director of Community Improvement, stated Community
Neighborhood Helping, Inc. has not received any CDBG funds this current year;
however, some funding through CDBG funds was received for the past two years.
Mr. Levinson moved to approve the funding request for Community
Neighborhood Helping, Inc., seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor
Perlman - No; Mr. Costin - No. Said motion to approve was DENIED with a 4 to 1
vote, Commissioner McCarthy dissenting.
9.C. CONDITIONAL USE REOUEST/APACHE OFFSHORE
POWERBOATS: Consider a request for conditional use approval to allow the
establishment of a boat manufacturing facility for Apache Offshore Powerboats, located
on the south side of Southridge Road, approximately 210 feet west of south Swinton
Avenue. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
The Deputy City Clerk swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-075 into the record.
Mr, Dorling stated the property is 0.68 acres and is zoned I (Industrial),
The property contains an 11,200 square foot metal industrial building that was
constructed in 1980. The property is located on the south side of Southridge Road
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approximately 200 feet west of Swinton Avenue, The conditional use application has
been submitted to establish a boat manufacturing facility for Apache Offshore
Powerboats which will allow the conversion of the 11,200 square foot building to a boat
manufacturing operation. The applicant is not proposing exterior upgrades of the
building, landscape areas, or parking. The proposed hours of operation will be Monday
through Friday from 7:00 a.m. to 3:30 p.m.
At its meeting of April 19, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the request and no one from the public spoke. After
discussing the proposal, the Board unanimously voted 5-0 (Borchardt and Pike absent) to
recommend approval of the boat manufacturing operation based upon positive findings
with respect to Chapter 3 (Performance Standards), LDR Section 2.4.5(E)(5)
(Conditional Use Findings), and the policies of the Comprehensive Plan, subject to the
eight conditions outlined on page 8 of the Planning and Zoning staff report.
Mayor Perlman asked if anyone from the public would like to speak in
favor or in opposition of this item, to come forward at this time. There being no one from
the public who wished to address the Commission, the public hearing was closed.
Mr, Costin stated he noticed the applicant is not proposing upgrades to the
building landscape area or parking, etc. and asked if the landscaping is not desirable. In
response, Mr. Dorling stated it is his understanding that the site is in good shape and if it
was in need of these upgrades then staff would have added them as conditions of
approvaL
Mayor Perlman commented about a news story with regards to litigation
over the name Apache and asked if this will impact the ability of the business to operate.
Mr. Dorling stated he is not aware of anything relating to the name of the business.
Mr. Levinson expressed concern that nothing addresses the smells/odors
and stated when a boat is manufactured with fiberglass it creates an odor and asked if this
was discussed at the meetings. Mr. Dorling stated this was discussed and it was resolved
satisfactorily. Mr. Levinson suggested that "smells emanating from the property shall be
contained on the property" be added as a condition of approval and also suggested air
scrubbers be installed to help alleviate the odors.
Mrs. Archer stated if the applicant is venting the smell, he would need to
have proper ventilation. She expressed concern over the noise the fan could potentially
generate. Mr. Levinson stated there are decibel ratings in terms of adjacent property.
Mr. Levinson inquired about the hours of operation. Mr. Dorling stated it
is his understanding that there was no concern at the Planning and Zoning Board meeting
and their application requested the hours from 7:00 a,m. to 3:30 p.m. but did not raise any
objection with regard to the hours being from 8:00 a.m. to 6:00 p.m.
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Mrs. Archer inquired about whether the motors are being tested indoors
versus outdoors on the site. Mr. Dorling stated the motors are actually being installed
off-site.
The City Manager stated one of the conditions is that the painting of boats
and method of installation/testing of engines is prohibited on this site.
Mayor Perlman suggested that the hours of operation be from 8:00 a.m. to
4:00 p.m. The City Manager stated it would be good to provide some flexibility (i.e. if
overtime is needed) and thus the reason for the hours of operation to be limited no earlier
than 8:00 a.m. and no later than 6:00 p.m., Monday through Friday.
The City Attorney stated the ninth condition should read "smells shall be
contained on the property."
Mr. Levinson moved to approve the Conditional Use Request to establish
a Boat Manufacturing Facility for Apache Offshore Powerboats based upon positive
findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5)
(Conditional Use Findings), and the policies of the Comprehensive Plan, subject to the
eight (8) conditions contained in the Planning and Zoning staff report; including
condition number nine (9) that smells shall be contained on the property, seconded by
Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
9.D. REOUEST FOR IN-LIEU PARKING SPACES/PARADISE SALON
STUDIOS: Consider a request by Paradise Salon Studios for the purchase of six (6) in-
lieu parking spaces in the amount of $36,000.00. Paradise Salon Studios is located on the
west side of Pineapple Grove Way, south ofN.E. 2nd Street. (Quasi-Judicial Hearing)
The Deputy City Clerk swore in those individuals who wished to give
testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-132 into the record.
Mr. Dorling stated the Paradise Salon Studios will be located within the
former MDS Beauty Supply Store at 140 N.E. 2nd Avenue (Pineapple Grove Way). At its
meeting of April 14, 2004, the Site Plan Review and Appearance Board (SPRAB)
approved a Class III site plan modification with conditions including that the applicant
obtain approval from the City Commission for six (6) in-lieu parking spaces prior to
issuance of a building permit. The development proposal involves the build-out of 2,898
square feet on the second floor to general commercial floor area/spa; conversion of a
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05/04/04
portion of the first floor (175 square feet) from retail to a snack bar (restaurant); and
construction of a 160 square foot general commercial addition. Mr. Dorling stated based
upon the additional area there are 35 parking spaces required and the applicant has
provided 29 parking spaces on-site. The applicant is seeking the purchase of six (6) in-
lieu parking spaces at the cost of $6,000 per space for a total of $36,000.
At its meeting of February 24, 2004, the Parking Management Advisory
Board (PMAB) unanimously recommended approval of the request of the six (6) in-lieu
parking spaces. Mr. Dorling stated given the availability of adj acent on-street parking
and the sites proximity to the Old School Square future garage location, staff also
recommends approval of this request.
Jason Mankoff, Attorney with Weiner & Aronson, P.A., representing
Pineapple Grove Partners, L.L.C. (owner of the property), urged the Commission to
consider the ordinance which is in place and stated his client is proceeding under LDR
Section 4.6.9 regarding the in-lieu parking fee. Mr. Mankoff read into the record LDR
Section 4.6.9(E)(3) and Future Land Use Element Policy C-4.4. Mr. Mankoff urged the
Commission to follow the Comprehensive Plan, the LDR's, the Pineapple Grove Master
Plan, and staffs recommendation to grant the in-lieu parking fee for up to six (6) spaces.
Mayor Perlman stated if anyone from the public would like to address the
Commission regarding the request, to come forward at this time. There being no one
from the public who wished to address the Commission, the public hearing was closed.
Ms. McCarthy stated she had a meeting last week with Mr. Weiner and
she would like to verify if this is for the same property. Mr. Mankoff stated the meeting
she had with Mr. Weiner last week was regarding different property.
Mayor Perlman asked if there will be anyon-street parking. Mr. Mankoff
stated they are creating more spaces that currently exist in the lot; however, this does not
give them the 36 parking spaces needed. He continued to state that they are actually
creating four (4) additional spaces that currently exist in the lot which brings them up to
30 parking spaces. In addition, Mr. Mankoff stated there will be no on-street parking in
this area.
Mayor Perlman stated the in-lieu fee was made for a situation such as this.
He stated Pineapple Grove is now the hottest street in Delray and in-lieu fees are
designed to attract as incentives. Furthermore, Mayor Perlman feels the City could
demand more money for parking in the future.
Mrs. Archer moved to approve the request from Paradise Salon Studios for
the purchase of six (6) in-lieu parking spaces at a cost of $36,000 to be paid in full upon
issuance of a building permit, seconded by Mr. Levinson. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
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9.E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/EXPANSION OF OLD SCHOOL SOUARE: Consider approval of an
interlocal agreement between the City and the Community Redevelopment Agency
(CRA) for the expansion of Old School Square to include land acquisition, parking
garage, and the downtown park.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy and stepped down from the dais.
Mr. Costin declared a conflict of interest and stepped down from the dais.
The City Attorney stated this is an Interlocal Agreement between the City
of Delray Beach and the Community Redevelopment Agency (CRA) which relates to the
expansion of Old School Square, land acquisition, the parking garage and the downtown
park. The CRA will acquire certain lands and will grant them to the City.
Mrs. Archer moved to approve the Interlocal Agreement between the
Community Redevelopment Agency (CRA) for the expansion of Old School Square to
include land acquisition, the parking garage, and the downtown park, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Vice Mayor McCarthy - Yes. Said motion passed with a 3 to 0 vote.
9.F. THIRD AMENDMENTIBLOCK 77 CONTRACT/COMMUNITY
REDEVELOPMENT AGENCY: Consider approval of the Third Amendment to the
Block 77 Contract between the Community Redevelopment Agency (CRA) and Block 77
Development Group, L.C. to provide for a one (I) year extension of the closing of the
contract.
At this point, Mr. Costin returned to the dais.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy and stepped down from the dais.
The City Attorney stated this is the third amendment to Block 77 and since
that time additional changes have been made to the agreement. The City Attorney stated
there was no end date in the contract and noted that the closing can be extended for a
period not longer than five (5) years from the date of the agreement if there are Acts of
God, moratoriums, or intervening litigation by a third party or matters outside the control
of Block 77 which prevent obtaining development approvals. The City Attorney stated
the CRA has indicated that they want the City to give its consent to the third amendment,
as a third party beneficiary to the contract.
Mr. Costin moved to approve the third amendment to the Block 77
contract between the Community Redevelopment Agency (CRA) and Block 77, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes. Said motion
passed with a 4 to 0 vote.
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9.G. REOUEST TO RELEASE LIENS/COMMUNITY
REDEVELOPMENT AGENCY: Consider approval to release various nuisance
abatement liens on two parcels of property adjacent to each other, located along the east
side of S.W. 5th Avenue just north of S.W. 2nd Street. The Community Redevelopment
Agency (CRA) obtained title to the parcels which will be utilized for affordable housing.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy and stepped down from the dais.
Brian Shutt, Assistant City Attorney, stated at its meeting of March 16,
2004, the Commission approved the transfer of the City owned parcel. Mr. Shutt stated
the liens were on property which the City transferred to the CRA and need to be released
in order to clear title to the property.
Mr. Costin moved to approve the request to release the liens as outlined in
the City Attorney's memorandum dated April 29, 2004, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Vice
Mayor McCarthy - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mayor Perlman returned to the dais.
9.H. RESOLUTION NO. 30-04 (MID-YEAR BUDGET ADJUSTMENT):
Consider approval of a resolution making mid-year adjustments to the adopted budget for
FY 2004.
The caption of Resolution No. 30-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING RESOLUTION NO. 64-03 ADOPTED
SEPTEMBER 23,2003, AND RESOLUTION NO. 15-
04 ADOPTED MARCH 11, 2004, WHICH MADE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF
DELRA Y BEACH, FLORIDA, FOR THE FISCAL
YEAR 2003/2004, BY SETTING FORTH THE
ANTICIPATED REVENUES AND EXPENDITURES
FOR THE OPERATING FUNDS OF THE CITY FOR
THE FISCAL YEAR 2003/2004; REPEALING ALL
RESOLUTIONS INCONSISTENT HEREWITH.
(The official copy of Resolution No. 30-04 is on file in the City Clerk's
office.)
Joseph Safford, Finance Director, introduced Resolution No. 30-04 which
amends the budget for fiscal year 2003-2004 and briefly explained the schedules
supporting the resolution.
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05/04/04
Mrs. Archer moved to approve Resolution No. 30-04, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with 5 to 0 vote.
9.1. REFERENDUM/REMOVING DEED RESTRICTION/CURRENT
LIBRARY SITE: Provide direction regarding when to place the question on the ballot
to remove the deed restriction on Lot 15, located behind the current library site.
The City Attorney stated a deed for the North 48 feet of Lot 15, Block
101, located behind the current library contains a restriction that can only be released by a
majority of those voting in a referendum. The restriction says that the lands are to be
used for municipal purposes but may be sold or transferred by the City if consent is
obtained in a special election. In order to place the question on the ballot, a decision
needs to be made on whether the question should be placed on the August 31, 2004
primary ballot or the November 2, 2004 general election ballot. The deadline to submit
the ballot question to the Supervisor of Elections is July 12, 2004 for the primary ballot
and September 10, 2004 for the November 2, 2004 general election.
Mr. Levinson asked if there are any other deed restrictions on other
properties that the City needs to do a title search on so that if there are other problems
such as this, it could be done simultaneously.
Mr. Costin inquired what would be most advantageous with regard to the
timing.
Mayor Perlman asked how long the Commission would have if they wish
to place this question on the August ballot. The City Attorney stated the Commission has
until July 12, 2004 if they wish to place this question on the August primary ballot. She
explained title work could take approximately six weeks and all ordinances, notices, etc.
has to be adopted and sent to the Supervisor of Elections by this date.
Mayor Perlman expressed concern that the November ballot will be too
long.
Ms. McCarthy expressed concern over whether or not six weeks is
sufficient time for the title work to be completed.
The City Manager suggested that this question be placed on the ballot for
March 8, 2005 in order to allow sufficient time for a title search.
It was the consensus of the Commission to discuss this further at the
Workshop meeting of May 11, 2004 and directed the City Attorney to bring back more
information regarding the title search.
At this point, the time being 7:05 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
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05/04/04
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 21-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
1.4.1, "Interpretation of Land Development Regulations; Subsection 2.4.3 (G),
"Architectural Elevations"; Subsection 4.3.3(0), "Townhouses and Townhouse Type of
Development"; Subsection 4.3.4(J)(4), "Increases to Height Regulations"; and (K),
"Development Standards Matrix"; Subsection 4.4.9(F), "Development Standards"; and
(G)(I), "West Atlantic Avenue Overlay District Supplemental District Regulations";
Subsection 4.4. 13(A), "Purpose and Intent"; and (F), "Development Standards"; and (G),
"Supplemental District Regulations"; and (I), "Performance Standards"; Subsection
4.4.24(A), "Purpose and Intent"; and (F), "Development Standards"; Subsection
4.4.28(F), "Development Standards"; Subsection 4.6.4(A), "Commercial Zoning
Adjacent to Residential Zoning"; Subsection 4.6.18, "Architectural Elevations and
Aesthetics"; and Appendix "A", "Definitions", to implement the Downtown Delray
Beach Master Plan. Prior to consideration of passage of Ordinance No. 21-04 on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 21-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 1.4.1, "INTERPRETATION OF
LAND DEVELOPMENT REGULATIONS;
SUBSECTION 2.4.3(G), "ARCHITECTURAL
ELEVATIONS"; SUBSECTION 4.3.3(0),
"TOWNHOUSES AND TOWNHOUSE TYPE OF
DEVELOPMENT"; SUB-SUBSECTION 4.3.4(1)(4),
"INCREASES TO HEIGHT REGULATIONS";
SUBSECTION 4.3.4(K), "DEVELOPMENT
STANDARDS MATRIX"; SUBSECTION 4.4.9(F),
"DEVELOPMENT STANDARDS"; SUB-SUBSECTION
4.4.9(G)(I), "WEST ATLANTIC AVENUE OVERLAY
DISTRICT SUPPLEMENTAL DISTRICT
REGULATIONS"; SUBSECTION 4.4.13(A), "PURPOSE
AND INTENT"; SUBSECTION 4.4. 13(F),
"DEVELOPMENT STANDARDS"; SUBSECTION
4.4. 13(G), "SUPPLEMENTAL DISTRICT
REGULATIONS"; SUBSECTION 4.4.13(1),
"PERFORMANCE STANDARDS"; SUBSECTION
4.4.24(A), "PURPOSE AND INTENT"; SUBSECTION
4.4.24(F), "DEVELOPMENT STANDARDS";
SUBSECTION 4.4.28(F), "DEVELOPMENT
STANDARDS"; SUBSECTION 4.6.4(A),
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05/04/04
"COMMERCIAL ZONING ADJACENT TO
RESIDENTIAL ZONING"; SUBSECTION 4.6.18,
"ARCHITECTURAL ELEVATIONS AND
AESTHETICS"; AND APPENDIX "A",
"DEFINITIONS", TO IMPLEMENT THE DOWNTOWN
DELRA Y BEACH MASTER PLAN; TO MITIGATE
MASS/SCALE AND UNIFORM MONOLITHIC
APPEARANCE OF LARGE BUILDINGS; AND TO
PROVIDE THAT THE ARCHITECTURAL
COMPOSITION OF NEW DEVELOPMENTS
INCORPORATE ARCHITECTURAL FEATURES THAT
PROVIDE VISUAL INTEREST, WHILE ALLOWING
DESIGN FLEXffiILITY; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 21-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 21-04,
the public hearing was closed.
Prior to the vote, Mr. Levinson stated he wants to make sure staff provides
for language that may not have been a part of the document that we may wish to
incorporate into the Plan.
Thuy Shutt, Urban Designer for the CRA, stated the CRA has a thirty (30)
day effective date delay and in approximately six (6) months this will be revisited once
the Comprehensive Plan and the Rezoning is in order.
Mayor Perlman thanked Mrs. Shutt and Jaime Correa, Consultant with
Correa & Associates, for all their hard work. Mayor Perlman stated this represents a
significant achievement and is a direct result of the Downtown Master Plan.
Mr. Costin moved to adopt Ordinance No. 21-04 on Second Reading and
Second Public Hearing, seconded by Mrs. Archer. Upon roll call the Commission voted
as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.B. RESOLUTION NO. 17-04 (CRA REDEVELOPMENT REVENUE
BONDS): Consider re-adoption of Resolution No. 17-04 authorizing the Community
Redevelopment Agency of the City of Delray Beach to issue Redevelopment Revenue
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05/04/04
Bonds not to exceed $12,000,000.
The caption of Resolution No. 17-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE DELRA Y BEACH COMMUNITY
REDEVELOPMENT AGENCY (THE "AGENCY") TO
ISSUE TAX INCREMENT REDEVELOPMENT
REVENUE BONDS, IN ONE OR MORE SERIES (THE
"BONDS"), IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED TWELVE MILLION
DOLLARS ($12,000,000) UPON TERMS
HEREINAFTER DESCRffiED; AUTHORIZING THE
PROPER OFFICIALS OF THE CITY TO DO ALL
OTHER THINGS NECESSARY TO ASSIST THE
AGENCY IN THE ISSUANCE OF THE BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 17-04 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy and stepped down from the dais.
The City Attorney stated this resolution was approved by the CRA and the
City Commission; however, Bond Counsel and others were concerned because certain
notices were not previously sent. The City Attorney stated since this time the proper
notices have been sent.
Vice Mayor McCarthy declared the public hearing open. There being no
one from the public who wished to address the Commission regarding Resolution No. 17-
04, the public hearing was closed.
Mr. Levinson moved to re-adopt Resolution No. 17-04, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes. Said motion passed with a 4
to 0 vote.
10.C. ORDINANCE NO. 27-04: An ordinance amending Chapter 35,
"Employees Policies and Benefits", Subheading "Retirement Plans", of the City Code of
Ordinances, Section 35.097, "Retirement Income; Basis Amount and Payment", to clarify
the optional forms of benefit. Prior to consideration of passage of Ordinance No. 27-04
on Second and FINAL Reading, a public hearing has been scheduled to be held at this
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time.
The caption of Ordinance No. 27-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEES POLICIES
AND BENEFITS", SUBHEADING "RETIREMENT
PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, BY AMENDING SECTION
35.097, "RETIREMENT INCOME; BASIS, AMOUNT
AND PAYMENT", TO REVISE THE OPTIONAL
FORMS OF BENEFIT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 27-04 is on file in the City Clerk's
office. )
At this point, Mayor Perlman returned to the dais.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 27-04,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 27-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 23-04: An ordinance amending Chapter 53,
"Sanitary Sewers", of the City Code of Ordinances amending Subsection 53. 130(F),
"Wholesale Sewer Rates", to provide for rates and charges for wholesale users of the
City's sewerage system. Prior to consideration of passage of Ordinance No. 23-04 on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 23-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 53, "SANITARY SEWERS",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
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05/04/04
-
SUBSECTION 53. 130(F), "WHOLESALE SEWER
RATES", TO PROVIDE FOR RATES AND
CHARGES FOR WHOLESALE USERS OF THE
CITY'S SEWERAGE SYSTEM; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 23-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 23-04,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 23-04 on Second and
FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
10.E. TRANSFER OF PROPERTY/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT): Consider approval of transferring a two (2) foot strip
of property adjacent to Atlantic Avenue (new library site) to the Florida Department of
Transportation which is requiring this road for right-of-way. Prior to consideration of
passage of this item, a public hearing has been scheduled to be held at this time.
Brian Shutt, Assistant City Attorney, stated the Florida Department of
Transportation (FDOT) has requested a two foot strip along property the City of Delray
Beach currently owns and noted this item has been advertised for a public hearing.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding this item, the public
hearing was closed.
Mr. Levinson inquired if the library has provided for this in their setbacks.
Mr. Shutt stated it is his understanding that the Engineering Department has been dealing
with this for quite some time. Paul Dorling, Director of Planning and Zoning, stated the
library has provided for this in their setbacks.
Mr. Costin asked if this maintains a steady amount ofland for the right-of-
way in relation to the contiguous blocks. Mr. Dorling stated as redevelopment occurs
along Atlantic A venue, staff has taken into consideration the two feet from the properties.
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05/04/04
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Mrs. Archer moved to approve the transfer of a two foot strip of property
adjacent to Atlantic Avenue to the Florida Department of Transportation, seconded by
Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - 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 City Manager and the Public.
11.A. City Manal!:er's response to prior public comments and inquiries.
With regard to a prior concern expressed about the Linton Boulevard
Bridge noise problem, the City Manager stated staff did revisit the Engineers report that
the County had done and noted two problems. The City Manager stated if concrete were
put in, the size of the counterweight would have to increase and the way this bridge is
constructed there is not sufficient room to make the counterweight any larger. Secondly,
the City Manager stated the bridge structure itself would not support the additional
weight during the opening and closing. Staff is looking into alternative means of
deadening the noise.
11.B. From the Public.
11.B.I. Maureen Turner, 1012 Del Harbour Drive, Delrav Beach, stated she
appreciates everyone looking into the matter of the Linton Boulevard Bridge; however,
Mrs. Turner commented that the design letter stated the bridge could be fixed at a cost of
$3 million.
Secondly, Mrs. Turner stated there is so much discussion about the
Apache Powerboats and the decibel levels etc., she feels the Linton Bridge is a primary
concern which needs to be addressed immediately. She commented about the decibel
levels from the Engineering report and urged the Commission to get involved and address
this issue.
lI.B.2. AI Williams, 734 East Chatelaine Boulevard, Delrav Beach, expressed
concern over the Carver Estates issue and urged the Commission to keep in mind that this
change will not only affect the residents who live in Carver Estates but will also affect a
large portion ofthe students from the Village Academy who reside in Carver Estates.
11.B.3. Ben AUl!:ustvn, 718 South Lake Avenue, Delrav Beach, distributed an
editorial to the Commission written by his wife and expressed concern over the sober
houses. He feels the issue is about public safety and urged the Commission to establish a
Committee to look into the nature of sober houses.
Mrs. Archer stated the Drug Task Force has been involved and is aware of
the growth in the number of sober houses throughout Delray Beach. The Federal
Government prohibits municipalities on maintaining records on where the sober houses
are located and what crime rates may be adjacent to them. Mrs. Archer stated they
- 20-
05/04/04
----.--
cannot attribute any crime to a particular sober house because individuals living in
recovery facilities are considered disabled and they cannot be discriminated against. Mrs.
Archer stated the City has tried to support this new association who is trying to raise the
standard of business professionalism on those individuals who do operate sober houses to
try and make them understand what requirements they should be meeting. In addition,
Mrs. Archer stated the City is in the process of hiring a Rental Code Enforcement
Specialist to make sure that the rights of the individuals as far as the City enforcing them
are being met.
Mayor Perlman suggested that Mr. Augustyn contact his Federal
Congressman.
11.B.4. Robert Finkel, 317 Coral Trace Court, Delrav Beach, stated he would
like to know in writing from the City Manager's office how much profit was made from
the Tate property and what was done with it.
lI.B.5. Patricia Truscello, 829 North Lake Avenue, Delrav Beach. stated she
has a petition with approximately 90 signatures of people who agree that the sober houses
should not be high density.
At this point, the time being 7:38, the Commission moved back to the
Item 9.J. of the Regular Agenda.
9.J. REVISED STANDARD FORM CONSTRUCTION CONTRACT:
Consider approval ofthe revised Standard Form Construction Contract.
Brian Shutt, Assistant City Attorney, stated his memorandum explains
the major changes to particular sections of the Standard Form General Construction
Contract.
Mr. Costin moved to approve the revised Standard Form Construction
Contract, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.K. BRIDGE OPENINGS: Consider approval of a proposed bridge opening
schedule based on an impeding rule from the Coast Guard.
The City Manager stated staff has received notice from the Coast Guard
regarding the proposed bridge opening schedule every half hour and in looking at the
spacing between the bridges, staff believes the Linton Boulevard Bridge should be
adjusted so that it would open on the hour and the half hour. In addition, the City
Manager stated the operator of the Pilgrim Belle and their eco-tour boat indicated that it
would take them 2 Y, hours to get from Delray Beach to the Boca inlet. Therefore, the
operator has requested that the Coast Guard allow a commercial exemption to the
proposed schedule for the Spanish River and Palmetto Park bridges.
- 21 -
05/04/04
Mr. Levinson suggested the bridge openings be staggered every 15
minutes, and that staff include the Palmetto Park Bridge in their recommendation to the
Coast Guard regarding the commercial exemption because of the unique current problem
with the tide.
Brief discussion by the Commission followed.
Mr. Levinson moved to approve staffs recommendation for the Linton
Boulevard Bridge to open every hour and half hour; and, support the commercial
exemption, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.L. AGREEMENT/ZOLL MEDICAL CORPORATION: Consider
approval of an agreement between the City and Zoll Medical Corporation to provide the
Fire Department with educational grant incentives in the amount of $2,000.00 in
exchange for the City's participation in a study regarding AED defibrillators.
Terrill Pyburn, Assistant City Attorney, stated this agreement provides the
City's Fire-Rescue Department with educational grant incentives in the amount of $2,000
in exchange for the City's participation in a study regarding the Automatic External
Defibrillators (AED). The information transmitted is Health Insurance Portability and
Accountability Act (HIP AA) compliant.
Prior to the vote, Mayor Perlman stated there is a 30% survival rate for the
cardiac support and the National Average is 5%. He feels this is a tremendous
accomplishment and thanked the Fire-Rescue Department.
Mrs. Archer moved to approve the agreement between the City and Zoll
Medical Corporation, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy-
Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 24-04: An ordinance amending the Land
Development Regulations Section 4.6.15(G) regarding swimming pool setback
requirements. If passed, a public hearing will be scheduled for May 18, 2004.
The caption of Ordinance No. 24-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
- 22-
05/04/04
-.
AMENDING SUBSECTION 4.6.15(G), "YARD
ENCROACHMENT"; TO ALLOW POOLS TO EXTEND
WITHIN FIVE FEET OF THE PROPERTY LINE FOR
ZERO LOT LINE DEVELOPMENTS, EXCLUDING
PERIMETER LOTS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 24-04 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance.
Paul Dorling, Director of Planning and Zoning, stated in order to provide
clarification, the amended ordinance changed the caption to allow additional language
which reads "to allow pools to extend within five feet of the property line for zero lot line
developments, excluding perimeter lots."
Mr. Dorling stated the current request is to reduce the side interior setback
within zero lot line developments from ten feet to five feet. The proposed amendment
includes a provision that pools are prohibited within utility easements, unless written
approval is provided by the easement holder and a hold harmless agreement is executed.
Mr. Dorling stated this is a privately initiated LDR amendment.
At its meeting of April 19, 2004, the Planning and Zoning Board held a
public hearing regarding this item and there was no public testimony regarding the
proposed amendment. After discussing the amendment, the Board unanimously voted 5-
o (Borchardt and Pike absent) to recommend to the City Commission approval of the
proposed amendment to the Land Development Regulations Section 4.6.15(G), based
upon positive findings with respect to LDR Section 2.4.5(M).
Mr. Costin moved to approve Ordinance No. 24-04 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 25-04: An ordinance amending the Land
Development Regulations Sections 2.2.3(B) and 2.2.6(B) regarding the composition and
special qualifications for the Site Plan Review and Appearance Board and the Historic
Preservation Board. If passed, a public hearing will be scheduled for May 18, 2004.
The caption of Ordinance No. 25-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SUBSECTION 2.2.3(B), "COMPOSITION
- 23 -
05/04/04
AND SPECIAL QUALIFICATIONS" AND
SUBSECTION 2.2.6(B), "COMPOSITION AND
SPECIAL QUALIFICATIONS"; PROVIDING A
REPEALER CLAUSE; PROVIDING A VALIDITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-04 is on file in the City Clerk's
office. )
Paul Dorling, Director of Planning and Zoning, stated this ordinance is
being processed to ensure adequate representation by members. with a discipline
determined to be critical to the conduct of the Board's business. It appears that there may
be a conflict with Board members representing their items before the Board they
currently serve on.
At its meeting of April 19, 2004, the Planning and Zoning Board held a
public hearing. There was no public testimony regarding the amendment and after
discussing the amendment, the Board voted 4-1 (Peltzie dissenting, Borchardt & Pike
absent) to recommend approval of the proposed amendment, based upon positive findings
with respect to LDR Section 2.4.5(M).
At its meeting of April 21, 2004, the Historic Preservation Board (HPB)
voted 5 to 1 (Schatz dissenting, Miller absent) to recommend approval of the LDR
amendment. At its meeting of April 28, 2004, the Site Plan Review and Appearance
Board (SPRAB) unanimously recommended approval of the amendment.
Prior to the vote, Mr. Levinson asked what other cities do. The City
Attorney stated this is not unique to Delray because this is a State law. In addition, the
City Attorney stated there are also some waivers that can be done by the City
Commission. Mr. Dorling stated staff can try and obtain information regarding what
other cities do and bring back to the Commission at second reading.
Mrs. Archer moved to approve Ordinance No. 25-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 28-04: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Section 35.105, "Administration by Retirement
Committee", by amending Section 35.105(A)(I), to provide for the naming of the
position of Finance Director as a member ofthe board. Ifpassed, a public hearing will be
scheduled for May 18, 2004.
The caption of Ordinance No. 28-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 35.105, "ADMINISTRATION
- 24-
05/04/04
.--
BY RETIREMENT COMMITTEE BY AMENDING
SECTION 35.105(A)(1 ), TO PROVIDE FOR THE
NAMING OF THE POSITION OF FINANCE
DIRECTOR, AS A MEMBER OF THE BOARD AND
PROVIDING THAT THE FOUR OTHER MEMBERS
MAYBE CITY OFFICIALS OR EMPLOYEES AND
SHALL BE APPOINTED BY THE CITY COMMISSION,
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-04 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
The City Attorney stated this ordinance is in response to a recent Attorney
General Opinion regarding ex-officio membership for City Boards.
Mrs. Archer moved to approve Ordinance No. 28-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INOUIRlES ON NON-AGENDA ITEMS.
B.A. City Manal!:er
The City Manager commented that the Goal Setting Sessions today were
very productive.
Secondly, the City Manager commented about the Michael W. Smith
concert on July 22, 2004 at the Tennis Stadium and stated that according to the feedback
he is receiving, there is a good chance the concert will sell out.
13.B. City Attornev
The City Attorney commented about the Adult Entertainment Bill.
B.C. City Commission.
B.C. I. Mrs. Archer
Mrs. Archer announced she will be out of town for the June 1,2004 City
Commission meeting.
- 25-
05/04/04
----
After brief discussion, it was the consensus of the Commission to
reschedule the June meetings to June 8th (Regular), June 15th (Workshop), and June 22nd
(Regular).
She publicly thanked and commended Brahm Dubin and his staff for all
their efforts with making the Davis Cup a success.
Mrs. Archer stated she received a complaint from an individual about the
markings on the roadway (Federal Highway and Linton Boulevard). She stated on the
northbound lane for the left hand turn going west one of the two lanes is not marked and
this is causing a lot of confusion. Mrs. Archer suggested that staff check on the markings
for this area and see if any changes or adjustments can be made.
Lastly, Mrs. Archer stated the Goal Setting Session was very productive
today.
13.C.2. Commissioner Costin
Mr. Costin concurred with comments expressed by Mrs. Archer and feels
a lot was accomplished during the Goal Setting Session.
13.C.3. Commissioner McCarthv
Ms. McCarthy thanked the citizens who joined the Commission last night
to be part of the Strategic Plan for next fiscal year. In addition, Ms. McCarthy thanked
the City Manager for keeping this process in the Budget and thanked the Mayor for
embracing this and helping to move it forward.
13.C.4. Commissioner Levinson
Mr. Levinson reported that the level of service for Fire-Rescue has been
resolved and stated there are 94% of people that are serviced by agencies that do comply
with the current level of service as proposed by the County. They are working diligently
over the next three years on a voluntary basis to comply to what has been done with
Highland Beach and Gulf Stream. Mr. Levinson stated hopefully there will be partnering
of cities to satisfy the requirement.
Secondly, Mr. Levinson stated the County is trying to identify whether or
not there will be a Charter amendment to change the way in which annexations are done.
Mr. Levinson stated the thoroughfare issue has now been put into a
proposed voluntary effort.
He commented about the FPL issue regarding the transmission lines and
stated when the engineering is identified for the preferred route it will be communicated
- 26-
05/04/04
to the City to discuss with the appropriate condominium associations regarding what
impact this may have.
Lastly, Mr. Levinson stated the Leadership Summit was terrific for the
community and commented people were both constructive and positive in their
suggestions.
13.C.5. Mavor Perlman
Mayor Perlman stated the East Boynton Beach Little League of 2003
presented the City with a plaque for its generous support.
Secondly, Mayor Perlman reiterated that the Goal Setting Session was
very valuable. He stated it is great to review the prior year to see the City's success and
accomplishments and to also look forward five years with the help of staff and the
residents. He feels this is what sets the City apart from other cities.
Lastly, he commended the entire City staff with regard to the special
events over the last month and stated everything went very smoothly and there were no
public safety incidents.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:05 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes ofthe Regular City Commission Meeting held
on May 4, 2004, which Minutes were formally approved and adopted by the City
Commission on
- 27-
05/04/04
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 as set forth above.
- 28 -
05/04/04
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL. AND OTHER lOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE
Robert Costin Delrav Beach City Commission
MAlUNG ADDRESS THE BOARD; COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON
P.O. Box 2016 WHICH I SERVE IS A UNIT OF:
CITY COUNTY cllclTY o COUNTY o OTHER LOCAl AGENCY
Delrav Beach Florida Palm Beach NAME OF POlITICAl SUBDIVISION:
DATE ON WHICH VOTE OCCURRED City of Delrav Beach
5/4/04 MY POSITION IS:
XI ELECTIVE o ~NTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greaUy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before
compleUng the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appoinUve county. municipal, or other local public office MUST ABSTAIN from voUng on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voUng on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organizaUon or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a "relaUve" includes only the officer's father. mother, son, daughter. husband, wife, brother. sister, father~n-1aw.
mother-in~law. son-In-law. and daughter-in-law. A '"business associate" means any person or entity engaged in or canying on a business
enterprise with the officer as a partner, joint venturer. coowner of property. or corporate shareholder (where the shares of the corporaUon
are not Usled on any national or regional stock exchange).
" , , , , , " , , " . . , . . ,
ELECTED OFFICERS:
In addiUon to abstaining from voUng in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voUng; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by compleUng and filing this form with the person responsible for recording the min-
utes of the meeting. who should incorporate the form In the minutes.
. , , , , . . , . , , " . . , ,
APPOINTED OFFICERS:
AIlhough you must abstain from voting in the situaUons described above. you otherwise may participate in these matters. However. you
must disclose the nature of the conflict before making any attempt to influence the decision. whether orally or in wriUng and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
" You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeUng. who will incorporate the form in the minutes. (ConUnued on other side)
CE FORM 88 - EFF. 1/2000 ~~.\::. PAGE 1
.
APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conftict in the measure before participating.
. Yau must complete the form and file U within 15 days after the vote occurs wUh the person responsible for recording the minutes of the
meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency. and the form must be read publicly at the next meeting after the form is fiied.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
i. Robert Costin , hereby disclose that on May'4 . ,20~:
.
(a) A measure came or will come before my agency which (check one)
-X. inured to my special private gain or loss;
_ Inured to the special gain or loss of my business associate,
_ Inured to the special gain or loss of my relative, ;
_ inured to the special gain or loss of , by
whom I am retained; or
_ Inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure Is as follows:
I previously sold my business which was a tenant in the Love Building.
5/4/04 ~~/' ~'----..J1I'''
Date Flied ~g ature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000 PAGE 2
..
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIOOLE NAME NM4E OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE
Perlman, Jeffrey t. Delrav Beach City Commission
MAlUNG ADDRESS THE BOARD, COUNCil. COMMISSION. AUTHORITY OR COMMITTEE ON
Q71 Delrav Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY ~CtTY D COUNTY a OTHER lOCAl AGENCY
Delray Beach, Florida 33444 Palm Beach NAME OF POUTICAL SUBDIVISION:
City of Delray Beach
DATE ON WHICH VOTE OCCURRED MY POSOlON IS:
5/4/04 l!i ELECTIVE a APPOINTIVE
WHO MUST FILE FORM 88
This fonn is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council.
commission. authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatiy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before
completing the reverse side and filing the fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the Special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S.. and officers of independent special tax districts elected on a one-acre. one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father. mother, son, daughter, husband, wife, brother, sister, father~n~aw,
mother~n-Iaw, son-in-law, and daughter-in~aw. A "business associate" means any person or entity engaged in or canying on a business
enterprise with the offlC8r as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
, " , , . , , , , , , , , , . .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting, who should incorporate the fonn In the minutes.
. , . . , . . , , , . , , , . ,
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above. you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIU BE
TAKEN:
. You must complete and file this fonn (before maklng any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000 ~'i .t;. PAGEl
:
APPOINTED OFFICERS (continued)
. A copy of the form must be provided Immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form Is filed. \
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict In the measure before participating.
. You must complete the fonn and file it within 15 days after the vote occurs with the parson responsible for recording the minutes of the
meeting, who must incorporate the fonn in the minutes. A copy of the form must be provided Immediately to the other members of the
agency, and the fonn must be read publicly at the next meeting after the fonn Is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. Jeffrey L Perlman , hereby disclose that on May 4 ,20~:
(e) A measure came or will come before my agency which (check one)
_ Inured to my special private gain or loss;
_ Inured to the special gain or loss of my business associate. ;
-X. Inured to the special gain or loss of my relative, Diane Colonna :
_ Inured to the special gain or loss of .by
whom I am retained; or
_ Inured to the special gain or loss of , which
Is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting Interest in the measure is as follows:
Diane Colonna, my wife, is director of the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community Redevelopment
Agency.
5/4/04
Date Filed
NOTICE; UNDER PROVISIONS OF FLORIDA STATUTES !j112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAl OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDOLE NAME NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE
Perlman J..effie L.
MAILING ADDRESS THE BOARD. COUNCIL COMMISSION. AtJTHORJTY OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY G(:lTY a COUNTY a OTHER lOCAl AGENCY
Delra Beach Florida 44 Palm Bea NAME OF PQlmCAlSUBDlVIS1ON:
Cit of Delra Beach
DATE ON WHICH VOTE OCCURRED MY POsmON IS:
III ELECTIVE . a APPOINTIVE
WHO MUST FILE FORM 88
. This form is for use by any person serving at the county. city, or other local level of govemment on an appointed or elected board, council,
commission, authority, or Committee. It applies equally to members of advisory and ,non-advisory bodies who are presented withs voting
conflict of interest under Section 112.3143. Florida Statutes.
. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatiy depending
on whether you hold an elective or appointive position. For this reason, please pay close attention, to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voling on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a "relalive" includes only the officer's father. mother, son, daughter, husband. wife. brother. sister, father-in~aw,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the offtcer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
, . , , , , . , , , , , . . , .
ELECTED OFFICERS:
In addilion to abstaining from voling in the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voling; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of tho meeling, who should incorporate the fonn in the minutes.
. , , , , . . , , . , . , , , ,
APPOINTED OFFICERS:
Although you must abstain from voling in the situalions described above, you otherwise may participate in these matters. Hoy/ever, you
must disclose the nature otthe conflict before making any attempt to influence the decision, whether orally or in wriling and whether made
by you or at your direction.
IF YOU INTENO to MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHiCH THE VOTE WILL BE
TAKEN:
. You must complete and file this fonn (before making any attempt to influence the decision) with the person responsible for recording tho
minutes of tho mealing. who will incorporate the form in the minutes. (Continued on other side)
CE FORM 6B - EFF. 112000 '\" -\r'"'-- ~. ~ PAGEl
._u
, .
APPOINTE!) OFFICERS (continued)
. A copy of lhoHormmust be provided immediately to the othermemb!lrs of the agency.
. The fonn must be mad publicly at the next meeting after the form is filed.
IF YOU MAKe NO ATTEMPT TO INFLUENCE THE DECISION exCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. Yau must complete the foon and file n within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting. who must incorporate the form in the minutes. A copy olthe form must be provided immediately to the other mernbers of the
agency. and the foon must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
JeffreyL, Perlman , hereby disclose that on May 4, 04
I, ,20_:
(a) A measure c:ame or will come before my agency whiCh (Check one)
_ inured to my special private gain or loss;
_ inured to the special gain or loss of my business associate. ;
.JL iriuredtO the special gain or loss of my relative, Diane Colonna ;
_ inured to the special gain or loss of , by
whom I am retained; or
_ inured to the special gain or loss of ,which
Is the parent organization or subsidiary of a principal whiCh has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
5/4/04
Date Filed
_I.
NOTICE: UNDER PROViSiONS OF FLORIDA STATUTES ~112.317,A FAILURE TO MAKE ANY REQ\JIRED DISC;LO~URE
CONSTITUTES GROUNDS FORAND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000:
CE FORM 8B - EFF. 112000 PAGE 2
.!
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-F1RST NAME-MIDDlE NAME NAME OF BOARD, COUNCil, COMMISSION. AUTHORITY. OR COMMflTEE
Perlman J.effie. L.
MAILING ADDRESS THE BOARD, COUNCIl, COMMISSION, AUTHORITY OR COMMITTEE ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY liCtTY o COUNTY Q OTHER lOCAl AGENCY
Delra Beach Florida 4 Palm Bea NAME OF POUTICAI.. SUBDIVISION:
Cit of Delra Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
5 Q( ELECTIVE a APPOINTIVE
WHO MUST FILE FORM 88
. This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board. council,
commission, authority. or committee. It applies equally to members of advisory and nonwadvisory bodies who are presented with a voting
conflict of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will val)' greaUydepending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA StATUTES
A person holding elective or appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected Of appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government egency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private.gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a "relative" includes only the office~s father. mother. son, daughter, husband. wife, brother. sister. father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the offICer as a partner. joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are nollisted on any national or regional stock exchange).
. , . . , , , " , " . , , , . "
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the fonn in the minutes.
. , , . , , . , , , , , , , . ,
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otheowise may participate in these l11atters.. HOVf~ver, YOU
must disclose the nature of the conflict before making any attempt to Infiuence the decision. whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000 ~~.~ PAGEl
--
..
APPOINTED OFFICERS (continued)
. A copy of the fonn must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting aller the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
, You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file n within 15 days aller the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to theotlier mernoersof the
agency, and the form must be read publicly at the next meeting aller the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey L, Perlman . hereby disclose that on May 4. .20~:
(a) A measure came or will come before my agency which (check one)
- inured to my special private gain or loss;
_ inured.to the special gain or loss of my business asSOCiate, ;
..x. inured to the special gain or loss of my relative. Diane Colonna :
_ inured to the special gain or loss of .by
whom I am retained; or
_ inured to the special gain or loss of . which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my cooflictinglnterest in the measure is as follows:
Diane Colonna, my wife, is Director of the Community Redevelopment Agency (CRA).
I have a conflict voting on items that directly affect the Community
Redevelopment Agency.
5/4/04
Date Flied
'I
NOTICE: UNDER PROVISIONS OF F'LORlbASTATUTES ~112.3fl, A FAILURE TO MAKE !'\NY REQUIRED DISCLQ9URE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING; IMPEACHt.1ENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION INSALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 86 - EFF. 112tlOO PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME----MIDOLE NAME NAME OF B~. COYNGll, COMMISSION, AUTHORITY, OR COMMITTEE .
Perlman J.effr:e L.
MAILING ADDRESS tHE BOARD,-CouNaL. COMMISSION. AUTHORItY OR COMMITTEe ON
971 Delray Lakes Drive WHICH I SERVE IS A UNIT OF:
CITY COUNTY li'crrY a <XiUI'lTY a OTHER lOCAL AGENCY
Delra Beach Florida 3444 PalmBea h NAME OF POLITICAl SUBOtVISION:
Cit of Delra Beach
DATE ON.WHICH VOTe OCCURRED MY POSITION IS:
.. Il{ ELECTIVE a APPOINTIVE
WHO MUST FILE FORM 88
_ This form is far use by any person serving at the county, city. or other local level of government on an appointed or elected board, council,
commission, authority. or committee. It applies equally to members of advisory and:non~advisory bodies who are presented 'with a voting
conflict of interest under Section 112.3143. Florida Statutes.
. Your responsibilities under the law when faced with voting on a measure in which you. have a conflict of interest will ilary greaUy depending
I on whether you hold' an elective or appointive position. For this reason. please pay close attention to the instructions all this fOrm before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on ameasure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited froni knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary. of a corporate principal by which. he or she is retained); to the special private.gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S.. and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother. son. daughter. husband, wife, brother, sister, father-in-law.
mother..jn-law, son..jn-law, and daughter-in-law. A "'business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
. , , " , . , , , , , , , , , .
ELECTED OFFICERS:
In eddition to abstaining from voting in the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abslllinlng from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing end filing this form with the person responsible for recording the min-
utes of the meeting, who should Incorporate the form in the minutes.
. . , , " , . , , , , , . . , ,
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these rnattet'S; Ho....ev....you
musi disclose the nature of the conflict before making any attempt to influence the decision, whether orelly or in w,riling and whether made
by you orat youidirection.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTEWILL BE
TAKEN:
. You must oomplete and file this form (before making any attempt to influence the decislon) with the person responsible for recording the
minutes of the meeting. who will Incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000 ~ \0,8. PAGEl
..
APPOINTED OFFICERS (continued)
. A copy of the form must be pi'ovide9 immediately to the other members of the ..gellcy.
. The fonn must be read publicly afthe Ilext meeting after the forl11 is filed.
IF YOU MAKe NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the form and file K within 15 days after the vote occurs with the person responsible for recording thll rninutesOf the
meeting, who must incorporate the fonn in the minutes. A coPy of the fonn must be provided immediately td the other merhbers of the
agency, and the fonn must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey .L. Perlman , hereby disclose that on May 4. , 20 <::-:
(a) A measul'l! came or will came before my agency which (chllcl< one)
_ inured to my special private gain or toss;
_ inured \0 the special gain or loss of my business associate, ;
.JL mured fa the special gain Or loss of my relative. Diane Colonna ;
_ Inured to the special gain or loss of .by
whom I am retained; or
_ inured to the special gain or.toss of . which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nalure of my COnflicting interesUn the measure is as follOWS:
Diane Colonna, my wife, is Director of theCotttIItunf1:y Redevelop.ment i\j?;e1;lcy, (eM),
I have a conflict voting on items that directly affect the CotttIItunity .
Redevelopment Agency.
5/4/04
Date Flied
.. -, ", ' -, ,',:' .~.,
NOTICE: UNDER PROVISiONs OF FLORIDASTATOTES ~112.317,A FAILURE TO MAKE/~NY R!,q\JIREDDlsc;LO~lJRE;
CONSTITUTES GfmUNDS FORAND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING;IMPEACHt.1ENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION INSALARY, REPRI"1AJ1l[).ORA
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000 PAGE 2
. 01{
fIi1
WHEREAS, our De/ray Beach residents and visitors are increasingly utilizing
our waters for recreation and relaxation, and as opportunities for on-the-water activities
expand yearly, be it known that with growth comes additional responsibility. It is
essential that both novice and experienced boaters practice safe boating habits, such
as wearing a life jacket, avoiding the abuse of alcohol, having a vessel safety check and
taking a safe boating course; and
WHEREAS, between 700 and 800 people die each year in boating-related
accidents in the United States; nearly 70% of these are fatalities caused by drowning;
and
WHEREAS, the vast majority of these accidents are caused by human error or
poor judgment and not by the boat, equipment, or environmental factors; and
WHEREAS, a significant number of boaters who lose their lives by drowning
each year would be alive today had they worn their life jackets; and
WHEREAS, modern life jackets are more comfortable, more attractive, and more
wearable than styles of years past and deserve a fresh look by today's boating public;
and
WHEREAS, the law requires that life jackets be carried for each person on board
a boat and we must recognize that hundreds of lives could be saved each year by the
wearing of life jackets.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim May 22, 2004 through
May 28, 2004 as
NATIONAL SAFE BOATING WEEK
in Delray Beach, Florida, and urge all citizens to support the goals of the National Safe
Boating Campaign and U.S. Coast Guard Auxiliary and start the year-round effort to
promote safe boating.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 18th day of May, 2004.
JEFF PERLMAN
MAYOR
(gA
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, Ap~ 23 04 01105p
,
UNITED 5"1: l"ES COAST GUARD AUXILIARY
I
"Wmerica'S DEPARTMENT OF HOMELAND SECURITY
" ,
Volunteer The civilian component of the U.S. Coast Guard
Lifesarers'" (Authortzed by Cong""'. in 19~9)
Ar:e~'iI~lJ
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April 23, 2004 City MA~!I\~~
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, To: City Manager
,
Florida
! Subj:
I
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Via Fax (561) 243 rl199
To confinn our lephone conversation of this morning, pl~ fwd attached a sample
proclamation for N lional Safe Boating Week 2004.
, I
I , The United Statljs Coast Guard Auxiliary truly appl'Cl;iates the City ofDelray Beach
,
, partnering with us helping to promote safe boating in the Delray Heach area.
I
ThisyearN . Safe boating weele hegins May 22"" and runs through May 281b.
It is hoped that the lamation can be presented to members of Coast Guard Auxiliary
Flotilla 3 6 at the C ty Commission meeting that falls closest to May 2200.
I Please feel free contact me with any questions or suggestions. I can be reached by
, telephone it (561) 8 6-0144 or e-mail at [latfei~hcrv(a)hotmail.com. Also please advise of
I
I the date and time 0 the Commission meeting and I will have representatives of the
I Flotilla in atte~e.
I
,
! Sincerely, I
j ~.
Pat Feig
, Public 0
I United States C
I
Dedic~ to promoting recreEtionill boaling safety
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1;1 2~2 Campaign Proc1ama
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i A SAMPLE
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I p OCLAMATION
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I .,-. Recreational boating Is n and enjoyable, and we are fortunate that we have sufficient
resouroes to aocommod te the wide variety of pleasure boating demands. However, our
watelWays can become crowded at times and be a place of chaos and confusion. While being
i a malVelous source of r creation, boating, to the unprepared, can be a risky sport. Not
I: knowing or Obeying the aVlgatlon Rules or the nautical "Rules of the Road,' drinking alcohol
or taking drugs while op rating a boat, or Choosing not to wear your life jacket when doing so
Is deariy the smart thing to do, are all examples of human error or a lack of proper judgment.
One particular behavior hat can reduce the number of boaters who lose their lives by
drowning each year by pproximately 90% is the wearing of a life jacket. It is a simple task that
has the potential to redu e terrible loss in lives.
Knowledge and skills ar important in reducing human error and Improving judgment. If people
, are aware of the risk, th yare likely to take the precautionary measures to protect themselves
I and their friends and fa ily. That is why we must continue to spread the messages of boating
, safety not only during National Safe Boating Week but also throughout the entire year.
I
I .
Whereas, between 700 nd 600 people die each year in boating-related accidents in the U.S.;
I neariy 70% of these are atall1ies caused by drowning; lInd
i II
I Whereas, the vast majo .ty of these accidents are caused by human error or poor judgment
I "
I II and nol by the boat, eq 'pment, or environmental factors; and
I Ii Whereas, a slgnlflcant mber of boaters who lose their lives by drowning each year would be
'.
'I ..._ al,ve today had they wo their life jackets; and
i !: ,
,
! ~."'-, modem life j kata are more comfortable, more attractive, and more wearable than
S les of years past and eselVe a fresh look by today's boating public.
.
htto://www.art4use.com/O oublications/oroclmtn.htm 3n /2002
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2002 Canl.paign Procl Page 2.of2
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~ Therefore, I. . do hereb support the goals of the North American Safe .Boating Campaign and
: , proclaim May c: National Safe Boating Week and the start of the year-round effort
to promote safe boating rtl "t Jl.,.l. ,- rJ?, ;j@>f
In Witness Thereof, I . e allthosB who boat to "Boat Smart from the Start" by wearing a life
jacket and practicing sa boating habits.
re and the .eal of
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" PDP FILE OF THIS_PROCLAMATION
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WHEREAS, the Palm Beach County Council of PTA's (Parent Teacher
Associations) and PTSA's (Parent Teacher Student Associations) represents children
and youth to governmental bodies and organizations that make decisions affecting
children in our schools and in our community; and
WHEREAS, the Palm Beach Council of PTAlPTSA's assists parents in
developing the skills they need to raise, protect, and prepare their children; and
WHEREAS, the Palm Beach Council of PTAlPTSA's encourages parent and
public involvement in the public schools in the State of Florida; and
WHEREAS, the Palm Beach Council of PTAlPTSA's will be holding a legislative
forum on May 20, 2004 at Carver Middle School, Delray Beach Florida, designed to
discuss legislative issues that impact children and youth in Palm Beach County at the
local, county, district, state, and federal levels; and
WHEREAS, the Palm Beach County Council of PTAlPTSA's will show how
citizens can work together with these entities to bring effective change.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim May 20, 2004 as
ADVOCACY IN EDUCATION AWARENESS DAY
in Delray Beach, Florida, and urge all parents and concerned citizens to become
effective advocates for our children and youth.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 18th of May, 2004.
JEFF PERLMAN
MAYOR
19B
---
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PTII . ......
. '.
.. ~:.
everychild. onevoice. PALM BEACH COUNTY COUNCIL
OF PTAs/PTSAs
Dear City of Delray Beach:
My name is Greta Britt and I am the legislative chair for the Palm Beach County Council ofPTAs/PTSAs. We
will be having a legislative forum on May 20, 2004 at Carver Middle School in Delray Beach from 6:3Opm-
8:30pm. The mission ofPTA is threefold: I) to support and speak on behalf of children and youth in the
schools, in the community and before governmental bodies and other organizations that make decisions
affecting children; 2) to assist parents in developing the skills they need to raise, protect, and prepare their
children; 3) to encourage parent and public involvement in the public schools of this state. One ofthe five
objectives ofPTA is to secure adequate laws for the care and protection of children and youth. This phase is a
mandate to action. It is contained in the Bylaws of the National PTA, the Florida PTA, and all local units, and it
is inscribed on every PTA membership card. By this authority, the National PTA and the Florida PTA establish
and carry out a legislative program. Because of our concern for the education, health, and welfare of children
and youth, we become active participants in the political process. PTA identifies issues, which affect children
and youth. We become informed and we share our knowledge with the public, thus the purpose of the
legislative forum. This public legislative forum is designed to give all interested persons information on
legislative issues that impact children and youth in Palm Beach County from local, county, district, state, and
federal officials. It is also designed to show how these entities work together to bring about effective change,
how we as concerned citizens can work with these entities to bring about effective change, and answer any
questions the audience might have. Since this event is taking place in Delray Beach and the Mayor of Delray
will represent the local entity, I am requesting that a proclamation be done to support this event that will target
not only the residence of Delray Beach but, all parents and concerned citizens of Palm Beach County. It is my
goal to empower the people of Palm Beach County to become effective advocates for the children and youth of
Palm Beach County. Therefore, it is my hope that you will proclaim this day as Advocacy in Education
Awareness Day. All are welcome to attend.
Thank you for your time and consideration in declaring a proclamation for this event. If you have any questions
or concerns, you may contact me at 561-495-1614.
Sincerely,
Greta F. Britt
Greta F. Britt
Legislative Chair
Palm Beach County Council ofPTAs/PTSAs
(Q6
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WHEREAS, June 6, 2004 through June 12, 2004 is National Garden Week;
and
WHEREAS, the purpose of National Garden Week is to promote enrichment
and enjoyment of gardening; and
WHEREAS, the Florida Federation of Garden Clubs organized in 1924
consists of 239 clubs and over 18,000 members; and
WHEREAS, June Wood, President of National Garden Clubs, Inc., is
encouraging everyone to plant a flowering tree during National Garden Week; and
WHEREAS, Delray Beach has two garden clubs, Poinciana Garden Club and
Hibiscus Garden Club, who strive to enhance the beauty of our community and
nurture a love of all growing plants.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Conunission, do hereby proclaim June 6, 2004
through June 12, 2004 as
NATIONAL GARDEN WEEK
in Delray Beach Florida, and encourage our residents to show their appreciation of
gardeners who make our community an even more beautiful place to live.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 18th day of May,
2004.
JEFF PERLMAN
MAYOR
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'\t~ ' APR - 22004 1_.;1
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Mayor Jeff Perlman
Delray Beach City Hall
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Dear Mayor Perlman:
As you may know, June 6-12th is National Garden Week and,
during that week, garden clubs all over the country will be
working to spread the word about the joys of gardening and
beautifying the land around us. Our local garden clubs hope
that you will issue a formal proclamation declaring June 6th
through June 12th "National Garden Week" in Delray Beach.
Thank you so much for your attention to this matter.
Sincerely,
cI v<-~ J=le>d'] ~
Judy Hodge
Floral Arts Chairman
Poinciana Garden Club
1583 Estuary Trail
Delray Beach, Florida 33483
19~
-
O~!13!~OO4 07:59 551 ~7t:18~4 JAMES [, HO[",E PAGE O~
, . J
GARDEN WEEK PROCLAMATION
WHEREAS, June 6 - 12 is National Garden Week, with the purpose of
calling attention to the enrichment and enjoyment of gardening; and
WHEREAS. gardening is the number one hobby in the world; and
WHEREAS, the Florido Federation of Garden Clubs. organized in 1924,
consists of 239 clubs and over 18.000 members; and
WHEREAS. the President of the National Garden Clubs, Inc. is encouraging
everyone to plant 0 flowering tree during Notional Garden Week; and
.:>.:~
WHEREAS, Delroy Beach has three garden clubs (Poinciana Garden Club, ~-
Hibiscus Gorden Club and 0,<.1,;<..1 G.....rdCFl Club) who strive to enhance
the beauty of our community and nurture a love of 011 growing plants.
NOW, THEREFORE, I. JEFF PERLMAN, Mayor of the City of Delroy Beach,
Florida, on behalf of the City Commission. do hereby encourage all
citizens to observe June 6 - 12 as NATIONAL GARDEN WEEK.
---
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~
WHEREAS, the National Academy of Elder Law Attorneys is a
professional association of attorneys dedicated to improving the availability
and delivery of legal services to elder Americans; and
WHEREAS, the National Academy of Elder Law Attorneys has
declared May, 2004 as National Elder Law Month; and
WHEREAS, the month of May traditionally has been proclaimed as
Older Americans Month; and
WHEREAS, May is also observed as Law Month nationwide; and
WHEREAS, older Americans have legal needs that require special
attention and knowledge.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim the
month of May, 2004 as
"NATIONAL ELDER LAW MONTH"
in Delray Beach, Florida and urge all citizens to join us in recognizing the
importance of the services and programs offered to our Senior Citizens.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Official Seal of the City of Delray Beach, Florida, to be affixed this 18th
day of May, 2004.
JEFF PERLMAN
MAYOR
19~
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MAY I,- lL)
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Law Offices of Susan M. King, P.141ITyi~_Yi;;,:~~OJt
One Boca Place Susan M. King, Attorney at Law The Justice Bui/ding Wv1
2255 G/ades Road 524 S. Andrews Avenue Suite
Suzte 335W Nanry D. Wiener, Attorney at Law lOIN
Boca Roton, Florida 33431 a/Counsel Ft. Lauderda/e, FL 33301
Tel: 561-989-0622 Broward: 888-685-6958
Fax: 561-989-9982 PLEASE REPLY TO: Boca Roton EIderLawFimz@aol.com
May 6, 2004
The Honorable Mayor Jeff Perlman
100NW I" Avenue
Delray Beach, Florida 33444
RE: National Elder Law Month
Dear Mayor Perlman:
I am writing to you as a member of the National Academy of Elder Law Attorneys, the Academy of
Florida Elder Law Attorneys and as a resident of Palm Beach County. The National Academy of Elder
Law Attorneys, a professional association of attorneys dedicated to improving the availability and
delivery oflegal services to elder Americans, has declared May 2004 "National Elder Law Month." I am
requesting that the same month be proclaimed "Elder Law Month" in your municipality.
During that month, elder law attorneys throughout the nation will be conducting free programs and public
seminars for senior citizens. The seminars will be in cooperation with the State of Florida Department
of Elder Affairs, The Academy of Florida Elder Law Attorneys, senior centers, hospitals, banks, law
schools and other locations throughout the state and your municipality. We also anticipate thattelevision
and radio outlets as well as newspapers will cooperate in promoting this important month. Other
organizations, such as the American Association of Retired Persons, the Alzheimer's Association,
Ombudsman's Council and other national and state organizations, are being asked to join in our effort.
South Florida, as we all know, has a sizable senior citizen community. Thus, it is important that we
recognize and take a leading role in support of this initiative. Please forward me a copy of the
proclamation so that our office may include it in information packages for distribution to senior citizens.
I have included sample language for your consideration and convenience.
If you or members of your staff have any questions about National Elder Law Month, please feel free to
call me at 561-989-0622.
Sincerely, .
~J"- y7J 13
Susan M. King, Esq. .
SMK/jif 1oO
attachment
,. .
PROCLAMATION FOR NATIONAL ELDER LAW MONTH
WHEREAS, the month of May traditionally has been proclaimed as Older Americans Month; and
WHEREAS, May is also observed as Law Month nationwide; and
WHEREAS, older Americans have legal needs that require special attention and knowledge;
NOW, THEREFORE, I, Jeff Perlman, Mayor of Delray Beach, do hereby proclaim
May,2004
as
National Elder Law Month
and urge all citizens to join in recognizing the Month of Mayas National Elder Law Month and
the importance of the services and programs offered to our Senior Citizens.
Jeff Perlman, Mayor
of)
try
WHEREAS, fifty million Americans have experienced tinnitus, otherwise
known as the perception of noises, including ringing in the ears and head, when no
external sound source is present; and
WHEREAS, twelve million of these Americans experience tinnitus to an
incessant and debilitating degree during which the sounds in their ears and heads
never abate, forcing them to seek assistance from a health care professional; and
WHEREAS, tinnitus is frequendy caused by exposure to loud noises in the
workplace, where an estimated thirty million Americans are exposed to injurious levels
of noise each day, and where noise-induced hearing loss is the most common
occupational injury; and
WHEREAS, tinnitus is also caused by exposure to loud noises in recreational
settings, where decibel levels of sound can reach traumatic levels, and where
participants frequendy are not aware that temporary ringing in the ears can become
permanent after continued exposure; and
WHEREAS, in many cases, simply wearing proper hearing protection would
protect people from tinnitus, hearing loss, or from further damaging their hearing;
and
WHEREAS, many people with tinnitus are told that the only solution to their
condition is to "learn to live with it"; and
WHEREAS, treatments for tinnitus are available that can help reduce the
stress of incessant ringing and increase the coping skills and quality of life for people
who experience this condition; and
WHEREAS, the American Tinnitus Association has as its mission the charge
to silence tinnitus through education, advocacy, research, and support and is
celebrating the first National Tinnitus Awareness Week to raise public awareness.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of
May 15-22, 2004 as
TINNITUS AWARENESS WEEK
in Delray Beach, Florida and urge everyone to become aware and recognize the
danger of tinnitus.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this IS'" May, 2004.
JEFF PERLMAN
MAYOR
19E
05-15-04 14:29 P. 001
From: LENDtlEYOUREARS
I. 't-
/~ C~~
~ ~f./" Stephen P. Ratner, BC-f-nS
Board Cenified in Hearing Instrument Sciences
11082 S. Milital'y Trail
Boynlun Beach,. FL )3436
561.638.8812
Hearing Aids Tinnitus Retraining Therapy
21 April 2004
~ 1
May 15-22,2004. will be celebrated nationally"" Tinnitus Awareness Week.
Tinnitus is a medical condition tbat affects SO million U.S. citizens. It is often
caused by needless exposure to loud noise - needless because people don't recognize the
danger and therefore don't use simple hearing protecrion. like earplugs and earmuffs.
Tinllitus~ which is also caUed ringing in tbe ears,. can occur at any time in life.
Both nleli and women can be atf'ected. It is th.e number one complaint of veterans who
seek service-related di.sability 8.SIsistallce. As our lives become noisier, children can also
be vulnemble ifrhey don'r know the simple rules for protecting their hearing.
Please help draw attention to tms treatable condition and help us' tell Our citizens
"bout the value of preserving their hearing by announcing that May 15-22.2004 is
Tinnitus Awareness Week. I
Sincerely. ~ I
Steve RatnerlElIen Ganner. Facilitators
TINNITUS SELF-HELP GROUP OF PALM BEACH COUNTY
_~_~_N~~-_A~~a
American Tinnitus ASSOCIatIOn B~ ~ _ ~
(561) 734-4853 C~~~
tJKl't' I~
.._ ...._ ... ___ ._u_ ___ 1.2 E
--.---- .......
0S-1S-04 14: 30 P. 002
F....om: LENDHEYOUREARS
. , . I'
~innttus cAw<.lrcneSS 'M)cck "i
i.
I'
qJroc(amation I
'Wh~.['ei:Ui SO tn.illion Anle.ricanh haVt~ ~'XpedenCt~d
tinnitus, othe",Tisc known as the: perception of
)101:-1c::;, including J"intting i1'1 the ear~ and head, v.,hen
no exte.rnal ~O1..l nd SOlln.:~ is present;
(Wher~as ] 2 111il1ion t)fthes~ Anl.~ricans
,,,;xpe_rienc.e tinnitus to an incessant and
debilitating. de,~l'l::e during which the sounds in tl1~ir
ears tlnd h~ad,; never ahate, forcing rhen1 to se~k
astsistancG ('ronl ~i health care professional;
'Where.as tinnitus is. fn:~lp.\~ntly cal1sf"d by
I~Jo;l'U$Un~ to loud. noises in the workp1.3.('C,
when~ a.n t::.stinl.:lre.cl 30 million AI11,el"icans arc
l:x.p,-,~ed to injurio1JS levc.:];..; t)fnoisf:: each day, and
when'" Jlu1:o,t:!-inducc:d hem-ing Joss is the lllost
C01TlI110n Oc.cllpatiul.1.ul injury; i
WhC':n~.as, tinni!.tl.:s is also r.JtJStH.i by ~1{posure to
loud nuises in rccre<-ltional settings. '\.oJ"here
de.cibel lr::vch uf ~ound Ce.in reach trau111,lelc leveb,
and where parUr:ip,lIlt.s frequently arc not dv,'arc. lh,lt
tCJllpOUHY ringing in the ~a.I'~ can hcconle p~rll'l<lnt'nt
after r.()ntinued eXpiJ~l1Te;
Whe.n,,".a~ ln 111allY caseb, simply wearing propt'.r
hearing pl'ot<::ction \N(Juld prot(':ct p~oplc: fl"on1
l.irllJi.tub, heal';l,1g lOBi', (n' fnJJ11 fl.11.,ther darl1aging their
hl"::arh"'lg;
'W11cre,as rni'lny people vvith tinnitus are told th.'11
the only solution 1:.0 their condi.tion is to "1~a.1 n
to live with it"j
Wher~afoi tn.::dtlll~ntS for r.innitu~ ;:t.re ,lv,lil:=ihlc that
l:an h~lp reduce tht: strr:ss ofinr,Gssant ringing
and jnCT(~aSe lhl~ (:uping sk.ills and quality of life. (.j:)l
people ,\'\.-.lH) experlcnce this condition;
'Wht'.:~~e.as r~l1t-::'..Anlel'il.~an 'l'innitl~s ASSO(~iilti,nn h.as
a~ '11:::1 InlS!"1011 tIll": charg(~ to stlencc tllUlltUS
through education, advocacy, r~J)eardl, and support,
<.lnd i6 t..-.elf'bnuing tht': first National Tinnitus
A\""<ll"ene.ss week t,n rai"'f: public al\Tclrtl1ess:
Please afflx ojJlclal - - -
seal and hal'e mayor
sign below.
Now, therefore be it Resolved, that I,
(iosert official~s name),
<iDoort official', title)
o(the Cityrrown of, do hereby prodaim
May 15-22, 2004. to be
NATIONAL 'rINNITU8 AWARENESS WEEK in
crrJ .;11..) _
-"..- ,..--.. .-.-- ..-_n_.
-.-..- .- -'--'--"'_._~--'._'- --.- -
61<
D'0
RESOLUTION NO. 36-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH,
FLORIDA. RECOGNIZING AND COMMENDING OFFICER MICHAEL COLEMAN,
DETECTIVE MICHAEL MILLER AND DETECTIVE THOMAS WHATLEY FOR THEIR
COMMITMENT AND DEDICATION TO THE COMMUNITY.
WHEREAS, Officer Coleman, Detective Miller, and Detective Whatley have distinguished
themselves as advocates for victims and dedicated themselves to seeking justice with compassion;
and
WHEREAS, Officer Coleman, Detective Miller, and Detective Whatley have been tenacious
in achieving results for those they serve and who look to them for assistance; and
WHEREAS Officer Coleman, Detective Miller, and Detective Whatley represent the Delray
Beach Police Department as proponents of the community and embody positive and caring
members of law enforcement; and
WHEREAS Officer Coleman, Detective Miller, and Detective Whatley's professionalism,
warmth, kindness, and compassion are well known and recognized throughout the City of De\ray
Beach and serve as a reminder to treat our fellow man with compassion and dignity; and
WHEREAS Officer Coleman, Detective Miller, and Detective Whatley have been
recognized by outside agencies and organizations for their outstanding contributions to the
community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA AS FOllOWS:
Section 1. That the City Commission of the City of Delray Beach hereby recognizes and
commends Officer Michael Coleman, Detective Michael Miller, and Detective Thomas Whatley for
their commitment and faithful service to the citizens they serve.
Section 2. That the City Commission hereby expresses sincere thanks and appreciation to
Officer Michael Coleman, Detective Michael Miller, and Detective Thomas Whatley for representing
the City of Delray Beach in a respectable and upstanding manner.
~C-
1
PASSED AND ADOPTED in regular session on this the 18'" day of May, 2004.
MAYOR
ATIEST:
City Clerk
2 RES. NO. 36-04
OK
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[IT' OF DELIA' BEA[H
CITY AnORNEY'S OFFICE 300 W. ATLANTIC AVE,<CE. DELRAY BEACH, FLORIDA 33444
.. POLICE lEGAL ADVISOR TELEI'HOI'E S6l/243-7H23. FACSIMILE S6l/243-7HI5
, , II J ' POLICE LEGAL ADVISOR
MEMORANDUM
@
1993 To: M,. O,,;d Ham,", c;~e' RECEIVED
From: Catherine M. Kozol, MAY - 5 ZOO,
Police Legal Advisor CITY CLERK
Date: May 4, 2004
Re: Hammock Reserve
Traffic Enforcement Agreement
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached for your review and insertion on the Consent Agenda are three
originals of the traffic enforcement agreement with Hammock Reserve. The
Agreement will allow the Police Department to enforce state and local traffic laws
on the private roads of Hammock Reserve. The contract shall also mandate that
the Homeowner Associations comply with speed limits set by Florida Statute and
follow Department of Transportation standards for traffic control devices. The
Police Department feels that allowing enforcement of state and local traffic laws
will enhance our presence in the area and have a more direct impact on crime in
that area.
The Association will pay $1.00 per month to cover the costs of
enforcement and has added the City as an additional insured on the liability
insurance policy. A copy of the Certificate of Insurance is enclosed.
If this Agreement meets with your approval, would you kindly place this on
the Consent Agenda at the next scheduled Commission meeting. When all of
the agreements have been signed, I would appreciate it if you would return one
original to me for forwarding to the Homeowner's Association.
Thank you for your courtesy and attention.
Ath/encs.
cc: Susan Ruby, City Attorney
Chevelle Nubin, Deputy City Clerk
81\
HAMMOCK RESERVE HOMEOWNERS ASSOCIATION
TRAFFIC ENFORCEMENT AGREEMENT
WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter
referred to as "CITY") through its Police Department, wishes to make its
Community Policing efforts in HAMMOCK RESERVE as effective as possible;
and
WHEREAS, the HAMMOCK RESERVE HOMEOWNER ASSOCIATION
(hereinafter referred to as "ASSOCIATION") is desirous of the enforcement of
state and municipal traffic laws on its property; and
WHEREAS, both the CITY and the ASSOCIATION feels that such
enforcement will make the Community Policing effort a more positive influence
on the community; and
WHEREAS, F.S. 316.006(2),(b),(1 ),(2) allows for such enforcement on
private roads pursuant to a written agreement approved by the CITY
Commission which provides for reimbursement for actual costs of traffic control
and enforcement liability insurance and indemnification and other terms as are
mutually agreeable by the parties.
Now, therefore, for the mutual consideration, covenants, and matters set
forth herein, as of the date set forth below, the parties hereto do hereby agree as
follows:
1. The CITY does hereby agree to enforce all state and municipal
traffic laws on all private roads owned by the ASSOCIATION.
2. The enforcement of the traffic laws will occur 24 hours, 7 days a
week.
3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month
to cover the actual costs of the traffic control and enforcement incurred by the
CITY.
4. The speed limit shall be that set by Florida Statute 316.183(2) and
316.189(1) of 30 mph.
5. Signs posting the speed limit must comply with Manual Uniform
Traffic Control Devices used by the Department of Transportation and F.S.
316.189(3).
6. Stop signs must conform to the manual and specifications of the
Department of Transportation as stated in Florida Statute 316.006(2)(b)(3).
1
7. The ASSOCIATION shall defend, indemnify and hold harmless the
CITY, its agents, officers, officials and employees from any and all claims, suits,
causes of actions or any claims whatsoever made arising from any and all acts
of traffic control and traffic enforcement that occur on the ASSOCIATION'S
property following the date of this agreement. Nothing herein shall be deemed a
waiver of the privileges and immunities granted to the CITY under F.S. 768.28.
This indemnification shall survive the cancellation of this agreement.
8. The ASSOCIATION shall provide liability insurance to cover the
indemnification in the amount of $100,000 and name the CITY as an additional
insured.
9. This agreement shall take effect upon execution and approval by
the Delray Beach City Commission and the HAMMOCK RESERVE
HOMEOWNER ASSOCIATION and shall continue in full force and effect until
rescinded by either party. This Agreement shall automatically renew upon
payment of the yearly fee.
10. Either party may cancel their participation in this agreement upon
delivery of 30 days written notice to the other party. Cancellation will be at the
direction of the subscribing party.
11. In any action brought to enforce any provision of this agreement,
the prevailing party shall be entitled to the relief sought plus all costs incurred
and reasonable attorneys' fees.
12. The ASSOCIATION, by signing below, affirms that they have read
and understand this agreement and that they have been given the opportunity to
have the attorney of their choice review this agreement.
This agreement made and entered inlo on this Z?hcfday of April,
2004.
City of Delray Beach, Florida Reserve Homeowner
n, Inc.
By: ~
Jeff Perlman, Mayor
ATTEST:
City Clerk
From: Mary Chandler At: R V Johnson Insurance FaxlD: 772-287-4439 To: Caroline uate: 4rLflU4 U:l:~U I-'M I-'age:;l. aT L
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP IDr9 DATE (MMlDOIVYYYl
H1IMMO -:I. 04/27/04
PRODUCER THtS CERTIFICATE IS ISSUED AS A MATTER OF tNFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFtCATE
a.v. Johnson :Ins of Florida HOLDER. THtS CERTIFICATE DOES NOT AMEND, EXTEND OR
250 Tequesta Drive suite 303 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
~equesta FL 33469
~hone:56:1.-745-8894 Fax: 56:1.-745-887:1. INSURERS AFFORDING COVERAGE NAlC #
INSURED INSURER A southern owners Xnsurance :1.0:1.90
INSURER B Old Republic Surety Group
Hammock Reserve HOA, Inc. INSURER C
% Akam south
55:1. NW 77th st ~2:1.2 INSURER D
Boca Raton rL 3 487
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR NOR TYPE OF INSURANCE POLICY NUMBER DATE (MMI051YY1 DATE (MMlDOlYYj LIMITS
~ERAL L.IABIL.ITY EACH OCCURRENCE $1,000,000
A X COMMERCIAL GENERAL LIABILITY 206:1.54:1.9-03 04/09/04 04/09/05 PREMISES (Ea occurence) 0:1.00,000
I CLAIMS MADE ~ OCCUR MED EX? (Anyone person) $10,000
- PERSONAL 8: /lDV INJURY $1,000,000
I- GENERAL. AGGREGATE $ 2 ,000 ,000
GEN'L. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2 ,000,000
!xl POLICY n j~& 'h LOC
AUTOMOBIL.E L.IABIL.ITY COMBINED SINGL.E LIMIT
I- $
/>NY AUTO (Ea accidant)
f---
f--- AL.L. OWNED AUTOS BODIL. Y INJURY
$
SCHEDULED AUTOS (Per person)
f---
f--- HIRED AUTOS BODIL. Y INJURY
$
NON-OWNED AUTOS (Peraccidenl)
f---
f--- PROPERTY DAMAGE $
(Peraccidenl)
F=fGE L1ABlLrTY AUTO ONL. Y - EA ACCIDENT ,
ANY AUTO OTHER THAN EA ACC $
AUTO ONL. Y AGG $
3~SSfUMBREL.L.A L.lABIUTY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
=1 ~DUCTI8lE $
RElENT ION $ ,
WORKERS COMPENSATION AND !TORYLIMI'rs I I'ER-
EMPL.OYERS' L.IABIUTY
ANY PROPRIETORIPARTNER/EXECUTIVE EL EACH ACCIDENT $
OfFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
If yes, describe under
SPECIAL. PROVISIONS below EL DISEASE - POLICY LIMIT $
OTHER
B Crime OCB-05:1.859:1. 04/09/04 04/09/05 Employee $75,000
Dishonest
DESCRIPTION OF OPERATIONS f L.OCATlONS 1 VEHICLES I EXCL.USIONS ADDEO BY ENDORSEMENT I SPECIAL. PROVISIONS
CERTIFICATE HOLDER CANCELLATION
CI~YO:L6 SHOUL.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL.L.ED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL. ENDEAVOR TO MAIL. :1.0- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOL.QER NAMED TO THE L.EFT, BUT FAlL.URE TO 00 SO SHALL.
CI~Y OF DELRAY BEACH IMPOSE NO OBLIGATION OR L.lABIL.l1Y OF ANY KIND UPON THE INSURER, ITS AGENTS OR
:1.00 NW :l.S~ AVENUE
DELRAY BEACH FL 33444
ACORD 25 (2001/08) t!l ACORD CORPORATtON 1988
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~
Memo
To: David Harden, City Manager
Thru: Lula Butler, Director, Community Improvement t.h
From: Janet Meeks, Education Coordinator
Date: May 3, 2004 -CONSENT AGENDA......
Re: Consideration of Approval of the Rules and Reaulations of the Neiahborhood
Advisory Council
ITEM BEFORE THE COMMISSION:
The item before the City Commission is consideration of the approval of the Rules and
Regulations for the City of Delray Beach Neighborhood Advisory Council.
BACKGROUND:
Pursuant to the enacting Ordinance No. 27-03 the Neighborhood Advisory Council is
required to formulate rules and regulations for its conduct of business [Section 32.47 (C)],
which are then approved by the City Commission.
The proposed General Governing Rules and Regulations for the Neighborhood Advisory
Council are typical in nature and the include rules for such items as election of Officers,
meeting times and quorums, absentee guidelines, and parliamentary procedures. The Rules
are now before the Commission for consideration (see attached).
NEIGHBORHOOD ADVISORY COUNCIL CONSIDERATION:
At its Meeting of April 19, 2004 the Neighborhood Advisory Council reviewed and approved
its Rules and Regulations on a 10-0 vote (Gillespie, Ellis, Stravino, Chassen, Mattocks,
Ussery, McDermott absent).
RECOMMENDATION:
By motion, approve the Rules and Regulations for the Neighborhood Advisory Council.
Attachment:
0 Proposed Rules and Regulations for the NAC
&6
RULES OF THE CITY OF DELRAY BEACH
NEIGHBORHOOD ADVISORY COUNCIL
ARTICLE 1 - GENERAL GOVERNING RULES:
The Neighborhood Advisory Council (hereinafter the "Council) shall be governed by the
Ordinances of the City of Delray Beach, Florida (hereinafter the "City"), as and if
amended, and the Rules of the Procedures hereinafter set forth (hereinafter the
"Rules"), as adopted by the Council and approved by the City Commission.
ARTICLE II - OFFICERS, COMMITTEES:
A. The Council shall elect a Chair, Vice Chair, and Second Vice Chair, annually at
its first regular meeting in the month of October, from among its members, by a
majority vote of its members present and voting.
B. The Chair (or in his/her absence, the Vice Chair or Second Vice Chair) shall
preside at all meetings of the Council and rule on all points of order and
procedure.
C. The Chair shall appoint any committees which may be deemed necessary.
D. The Staff Liaison shall act as Recording Secretary. The Recording Secretary
shall take and transcribe the minutes of each meeting of the Council, conduct all
correspondence of the Council, keep a minute book recording attendance and
the vote of each member upon each question (or, if a member is absent or fails
to vote, indicating such fact), maintain records of examinations and hearings and
other official actions, and carryout such other official duties as may be assigned
by the Council.
ARTICLE III - MEETINGS, QUORUM, CONFLICTS:
A. REGULAR MEETINGS: The Council shall meet at least once monthly on a
regular basis, with a regular meeting date of the third Monday of each month
except for when that date falls on a holiday under which circumstance the
Council shall establish another regular meeting date for that month.
B. SPECIAL MEETING: A special meeting may be called by the Chair subject to
compliance with statutory notice provisions.
C. QUORUM: A quorum is required in order to hold a meeting. A quorum shall
consist of 50% + 1 of the appointed regular members of the Council. All findings
and orders of the Council require a vote of the majority of its members present
and voting; provided, however, that not less than 50% +1 of the regular members
of the Council must vote in favor an action for the action to be official.
1
D. PRESENTATION. PERSONAL INTEREST: No member of the Council shall
appear or represent before the Council a person in any matter pending before
the Council. No Member of the Council shall hear or vote upon any matter before
the Council in which she or he is directly affected in a financial way. Whenever a
member of the Council has a direct personal, private or personal interest in any
matter which comes before the Council, which interest creates a conflict of
interest, that 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
Council Secretary pursuant to the provisions of Chapter 112, Florida Statutes.
E. CONDUCT OF MEETINGS: All meetings shall be open to the public, and the
formal agenda posted in the Lobby of City Hall three days prior to each regularly
scheduled meeting. The Chair may, at his or her discretion, change the order of
the business at any meeting.
F. ADJOURNED MEETINGS: The Council may adjourn a regular meeting, if all
business cannot be disposed of on the day set to a time and date certain;
however, notice of the time and date of postponement shall be given at the time
of adjournment and shall not be changed prior to resumption of the postponed
meeting.
ARTICLE IV - ABSENCES, RESIGNATION, VACANCIES:
A. ABSENCES: If any regular Board member fails to attend three (3) consecutive
regular meetings, the member's office shall be deemed vacant and the City
Commission shall promptly fill such vacancy. The Council member may appeal
the decision and reapply in writing to the City Commission.
B. RESIGNATION: Except as otherwise provided in Paragraph 1 above, of this
Article V a Council member may resign from the Council by filing a written
statement of resignation with the Clerk of the City.
C. VACANCY: Vacancies on the Council shall be filled pursuant to Section 32.10 of
the City Code of Ordinances, as amended.
ARTICLE VI- PARLIAMENTARY PROCEDURE:
A. These Rules may be amended by a concurring vote of 50% + 1 of filled regular
member positions of the Council recommending such amendment to City
Commission; provided, however, that the proposed amendment(s) has/have
been presented in writing to the Council at least three (3) days prior to its
adoption.
B. Prior to any such amendment becoming effective, it must first be approved by the
City Commission.
2
C. These rules shall become effective fifteen (15) days following their approval by
City Commission.
These Rules are herby adopted by the Neighborhood Advisory Council this
day of April, 2004.
Chair, Neighborhood Advisory Council
Approved by City Commission day of 2004.
City of Delray Beach
Jeff Perlman, Mayor
ATTEST:
City Clerk
3
------...--.-
Date: May 18,2004 Agenda Item No. <l.i?
AGENDA REOUEST
Agenda request to be placed on:
_ Regular _ Special Workshop X Consent
- -
When: May 14,2004
Description of Agenda Item:
Consideration of Approval of Rules and Regulations ofthe Neighborhood Advisory
Council
OrdinanceIResolution Required: Yes/No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: *€~~ -
City Attornev ReviewIRecommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives: (if applicable)
Account # & Description:
Account Balance:
City Manager Review:
Approved for agenda: &> / No M
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
r
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tffI1
SUBJECT: AGENDA ITEM # ~~ - REGULAR MEETING OF MAY 18. 2004
CEMETERY FEES
DATE: MAY 14, 2004
This is before Commission to approve an increase in price for burial plots and in fees for opening and
dosing graves at the Delray Beach Cemetery.
Delray Beach has the lowest burial plot costs as well as the lowest grave opening and dosing costs
when compared to Boynton Beach and Boca Raton. We have expanded the cemetery with roadways,
sodding, irrigation, etc. for an estimated cost of $160,000.00. Staff recommends raising our plot costs
to $550 for residents and $850 for non-residents, and our opening and dosing costs to $500 for
weekdays and $600 for weekends.
Current ProDO..d
Plot Costs Opening/Closing Costs Plot Costs Opening/Closing Costs
Weekday Weekend Weekday Weekend
Residents S440.00 $300.00 $400.00 Residents $550.00 $500.00 $600.00
Non-Residents $700.00 $300.00 $400.00 Non-Residents $850.00 $500.00 $600.00
Recommend approval of staffs recommendation to approve an increase in price for burial plots and
in fees for opening and dosing graves at the Delray Beach Cemetery.
S,\City Cletk\agenda memos\Cemetery C06...05.18.04
-------
9',1 or
[IT' DF DElRAY "!e~'VEO
BEA[H 1PR 2 !1 2004
DElRAY BEACH CITY MANAGEP
, I 0 . , n ..
tdtd
A11.AmerlcaCIty 100 NW. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243-7000
, III I!
1993 MEMORANDUM
2001
TO: David Harden, City Manager
FROM: Joe Weldon, Director of Parks and Recreation
SUBJECT: Cemetery Survey
DATE: April 30, 2004
The following is a survey of plot and burial costs for both public and
private cemeteries.
Public plot Costs Openinq & Closinq Costs
Resident Non-Resident Weekday Weekend
Boynton Beach $450 $750 $430 $515
Boca Raton $1,930 $1,930 $570 $720-$850
Delray Beach $440 $700 $300 $400
Private Price Ranqe for plots Openinq & Closinq Costs
Weekday Weekend
Our Lady Queen $1,145 - $2,100 $775-$1,050 $1,050-$1,325
Of Peace
Beth David $1,295 - $2,595 $1,095 $1,195
Memorial Gardens
Forest Lawn $1,495 - $2,995 $895 $945
Star of David $1,495 - $2,795 $1,095 $1,195
As you can see, we are at the lowest end for burial plots and opening and
closing costs. Additionally, we have expanded the cemetery with
roadways, sodding, irrigation, etc. for an estimated cost of $160,000. I
recommend we raise our plot costs to $550 for residents and $850 for non-
residents, and our opening and closing costs to $500 for weekdays and
$600 for weekends.
please review and advise.
W~
Joe ldon, Director of Parks and Recreation
cc: 'm Simmons, Parks Superintendent
Yvonne Walker, Budget Administrator
Ref:dhcem$
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
--
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGER m1.
SUBJECT: AGENDA ITEM # CbD _ REGULAR MEETING OF MAY 18. 2004
SERVICE AUTHORIZATION #15/ROBERT G. CURRIE PARTNERSHIP
DATE: MAY 14, 2004
This is before the Ciry Commission to approve Service Authorization #15 with Robert G. Currie
Partnership in the amount of $71,285.00 for design services for the preparation of permit and
construction documents for the Delray Swim and Tennis Center Clubhouse Project.
Funding is available from 117-4133-572-62.10 (Delray Swim & Tennis Club/Buildings).
Recommend approval of Service Authorization #15 with Robert G. Currie Partnership for design
services required for the Delray Swim and Tennis Center Clubhouse Project.
S,\Gty Clerk\agend> memos\Sen>i<eAuth.#ISCuttie.OS.18.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mydelraybeach.com
TO: David Harden, City Manager
~
FROM: Victor Majtenyi, Construction Manager
SUBJECT: DELRA Y SWIM & TENNIS CENTER CLUBHOUSE, PIN 2004-038
Agenda Item: Service Authorization 15 to Robert G. Currie Partnership
DATE: MAY 10, 2004
Attached for City Commission approval is Service Authorization #15 to Robert G. Currie Partnership (dba
Currie-Sowards-Aguila-Architects) for design services required in the development of permit and
construction documents for the proposed Clubhouse at the Delray Swim and Tennis Center project, PIN
2004-038. Service Authorization #15 is in the net amount of $71,285.00.
Previously, Service Authorization #9 to Robert G. Currie Partnership was approved on December 3, 2001 in
the net amount of $4,950.00 for the preparation of a master plan for the referenced project. City
Commission approved on May 26, 2002, Service Authorization #10 for preparation of documents required
for site plan approval, including schematic floor plans, building elevations, and preliminary civil and
landscape plans. Service Authorization #10 was in the net amount of $13,000.00. Service Authorization
#13 for preparation of construction documents for the Storage Building was approved March 6, 2003 in the
net amount of $8,000.00.
Approval of Service Authorization #15 would bring design costs to date at $97,235.00.
Funding is available from 117-4133-572-62.10, Delray Swim & Tennis Club/Buildings.
cc: Richard Hasko: Director of ESO
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep. Director of Construction, ESO
Agenda File, 05/18/04
File 2004-038(A)
S:\EngAdminlProjects\2004\2004-038\LETIERSISA # 15 Currie 05.18.04.doc
ROBERT G. CURRIE PARTNERSHIP. INC.
CONSULTING SERVICE AUTHORIZATION
DATE: March 10. 2004
Robert G. Currie SERVICE AUTHORIZATION NO. 15 FOR CONSULTING SERVICES
Partnership, Inc. CITY P. O. NUMBER: CITY EXPENSE CODE:
TITLE: Delrav Beach Swim & Tennis Center - Clubhouse RGCP # 011107
Architects- Planners
Interior Designers This Service Authorization, when executed. shall be incorporated in and shall become an
134 N.E. 1st Avenue
Delray Beach. FL 33444 integral part of the Agreement dated March 29, 1996, as amended, between the City of
1elephone Delray Beach and The Robert G. Currie Partnership, Inc.
(561) 276-4951
Fax PROJECT DESCRJPIlON
(561) 243-8184 I
E-mail Services generally consists of preparation of permit and construction
TQcp@curriearc.com documents for a one story clubhouse building of approximately 3.500 square feet
Website: as previously approved by SPRAB on November 13. 2002. In addition to the
www.curriearc.com building, services will include the dumpster enclosure and decorative fencing, but
the cabana, pavilion, and pump house expansion are not included in this service
authorization.
II SCOPE OF SERVICES
Services include architectural. structural, electrical, mechanical, and plumbing
disciplines. Civil engineering services, as well as landscaping and irrigation design
have been completed by the City and are not included. Services include
construction documents for permit, bidding, and limited (two visits per month)
construction administration (see attached Exhibit "A").
III BUDGET
Fees for professional services associated with this scope of services shall be a
lump sum fee of SIx1;y Eight Thousand Seven Hundred and Eighty Five Dollars
and No Cents (68.785.00) plus reimbursable expenses of not to exceed Two
Thousand Five Hundred Dollar5 and No Cents (2.500.00).
IV COMPLETION DATE
Completion of construction documents shall not exceed Seventy Five days from a
~ti,. written Notice to Proceed from the City.
This Service Authorization is approved contingent upon the City's acceptance of and
~~....~..: satisfaction with the completion of services rendered in the previous phase or as
..,.~..
-
AlA Florida encompassed by the previous Service Authorization. If the City in Its sole discretion is
Firm or the Year unsatisfied with the service provided in the previous phase or Service Authorization, the
2000 City may terminate the Contract without incurring any further liability. The
CONSULTANT may not commence work on any Service Authorization approved by the City
to be included as part of the Contract without a further notice to proceed.
Robert 0. Currle~ AlA.
Jess M. Sowards~ AlA
Jose 1'1. Aguila, AlA
~
Approved by:
CITY OF DELRAY BEACH ROBERT G. CURRIE PARTNERSHIP,INC.
Date:
Jeff Perlman. Mayor
Attest:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The following instrument was acknowledged
Before me this 10 Day of ~ .
2004, by Jose Aguila, ofThe Robert G.
Currie Partnership, Inc. He is personally
known to me and did not take an oath.
~~
Notary Public
My Commission Expires:
\\\\\\lliihWltll.
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~ ........ ~
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CONTRACT EXHIBIT -A-
DELRAY BEACH SWIM ANP TENNIS CLUBHOUSE
DESCRIPTION YES NO COMMENTS
ABANDONEMENTS X
ACOUSTICAL ANALYSIS X
ASBESTOS STUDY X
BOUNDARY SURVEYS X
COASTAL CONSTRUCTION PERMITlNG X
CONDITlONAL USE X
ENVIRONMENTAL IMPACT ANALYSIS X
EXISTING BUILDING SURVEYS X
L YFE CYCLE COST ANALYSIS X
PHOTOGRAPHY X
PROGRAMMING X
RENDERINGS X
REZONING X
SCHEDULING X
TRAFFIC ENGINEERING X
SITE PLAN APPROVAL X
SOIL REPORTS/RECOMMENDATIONS X
TOPOGRAPHIC SURVEY X
TREE SURVEY X
INTERIOR DESIGN X
KITCHEN DESIGN X
MODELS X
CIVIL ENGINEERING X Corn,Aeted by the City
CONSTRUCTION DOCUMENTS X
COST REPORT X IntermediaIe cost review
ELECTRICAL ENGINEERING X
ENERGY CALCULATIONS X
FIRE PROTECTION DESIGN X Not required
FURNITlJRE. FIXllJRE &. EQUIPMENT SELECTION X ByCily
IRRIGATION DESIGN X ByCily
LANDSCAPE ARCHITECTURE X By City
MECHANICAL ENGINEERING X -
PLUMBING ENGINEERING X
SPECIFICATIONS X
STRUCTURAL ENGINEERING X
BIDDING EVALUATIONS &. RECOMMENDATIONS X
CONTRACTOR SELECTION X
CONSTRUCTION ADMINISTRATION X
PAYMENT APPLICATION REVIEW X
PUNCH LIST / CLOSE-OUT X
SHOP DRAWING REVIEW X
POST OCCUPANCY EV ALUA TlON X
WARRANTY SURVEY X
Agenda Item No. J$D
AGENDA REQUEST
Date: Mav 10. 2004
Request to be placed on:
--X--Regular Agenda
_Special Agenda
_Workshop Agenda When: Mav 18. 2004
Description of item (who, what, where, how much):
Commission approvaVauthorization for the Mayor to execute Service Authorization #15 in the amount of
$71,285.00 with Robert G. Currie Partnership for the design of the Delray Beach Swim & Tennis Clubhouse,
PIN 2004-038. It covers preparation of permit and construction documents on the referenced project.
Funding is from account 117-4133-572-62.10 (Delray Swim & Tennis Clubl Buildings) in the amount of
$71,285.00.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Service Authorization #15 to Robert G. Currie
Partnership. ~-~
Department head signature: ~-t\3-o4
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~ on all items involving expenditure of funds):
Funding available: ES 0
Funding alternatives I applicable): see above
Account No. & Description ~ 1-::;/f -'1~~;;;a../l) - Bul/d,n._"-Vdr1 Stlhm J 7"J'}/J"r tlttb
Account Balance II /fp/,I) II) S) I. /, -1?\-1)
City Manager Review: ~
Approved for agenda: (3tNO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:lEngAdminlProjectsI200412004-0J8ILETTERSISA 15 Currie Agd 05.l8.04.doc
~
II IIffmlll_1
TO: DA~D~ ~ANAGER
THRU: PAUL DORLlNG, DIR OR OF PLANNI7:D ZONING
FROM: SCOTT D. PAPE, SE R PLANNER .. . ~"
SUBJECT: MEETING OF MAY 18, 2004 *CONSENT AGENDA*
RESOLUTION TO WITHDRAW FROM THE PALM BEACH COUNTYWIDE
BEACHES AND SHORES COUNCIL.
In May 1985, the City of Delray Beach entered into an interlocal agreement between Palm Beach
County, 26 municipalities, Jupiter Inlet District, Port of Palm Beach District, South Lake Worth Inlet
District, The Greater Boca Raton Beach Tax District, Audubon Society, and the Coral Reef Society
International. Inc. that established the Palm Beach Countywide Beaches and Shores Council
(Council). The Council was established in recognition of the need for coordinated protection,
preservation and/or enhancement of the beaches along the Atlantic Ocean in Palm Beach County.
At the time of the creation of the Council, the County was attempting to impose jurisdiction and
regulatory authority over the beaches and shores within Palm Beach County. The Council was
formed to include the various local jurisdictions in this process.
On February 13, 2004, Palm Beach County notified the Palm Beach Countywide Beaches and
Shores Council of their intent to withdraw from the Council. As noted above, the original purpose
of the Council was predicated on maintaining inclusiveness when the County obtained jurisdiction
over the beaches and shores of the County. The County wishes to withdraw from the Council
following several court cases regarding jurisdictional issues in Palm Beach County which failed to
uphold their authority.
At its meeting of March 8, 2004 the Palm Beach Countywide Beaches and Shores Council voted
unanimously to disband the current Council and to adopt a new interlocal agreement to form the
Coastal Council, which would be limited to a forum for exchange of information and ideas for
educational purposes. This new Council would not have the regulatory capacity to review and
provide recommendations on development applications as did the former Council.
Pursuant to the executed interlocal agreement, in order to formally withdraw from the Council, the
City Commission must approve a resolution and send a notice of intent to the chairperson of the
Palm Beach Countywide Beaches and Shores Council. The City's withdrawal would become
effective 6 months following the date of the notice. A new interlocal agreement affirming the City's
participation in the Coastal Council will be forwarded to the City Commission at a later date.
I
By motion, approve Resolution No. 39-04 withdrawing from the Palm Beach Countywide Beaches
and Shores Council.
Attachment:
~ Resolution No. 39-04
~~
RESOLUTION NO. 39-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA THAT IT IS GIVING NOTICE TO THE PALM BEACH
COUNTYWIDE BEACHES AND SHORES COUNCIL OF ITS INTENT TO
WITHDRAW MEMBERSHIP FROM THE PALM BEACH COUNTYWIDE
BEACHES AND SHORES COUNCIL WITH AN EFFECTIVE DATE OF SIX
MONTHS FROM THE DATE OF THE RESOLUTION.
WHEREAS, the City Commission approved a counterpart Interlocal Agreement for membership on the Palm
Beach Countywide Beaches and Shores Council; and
WHEREAS, the Palm Beach Countywide Beaches and Shores Council was formed as a forum for
information exchange and as a cooperative effort to protect, preserve and/or enhance beaches and shore in Palm
Beach County; and
WHEREAS, the reasons and benefits contemplated for creation of the Palm Beach Countywide Beaches and
Shores Council was its application as a logical first step in coastal management;
WHEREAS, Palm Beach County has submitted their notice of withdrawal from the Palm Beach Countywide
Beaches and Shore Council;
WHEREAS, the Palm Beach Countywide Beaches and Shores Council found that these reasons and benefits
are no longer applicable and voted unanimously to dissolve the Council; and,
WHEREAS, Section 9 of the existing Interlocal Agreement requires that parties withdraw only by adoption
of a formal resolution and that they give six (6) month notice.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA AS FOLLOWS:
Section I. Notice is given to the Palm Beach Countywide Beaches and Shores Council that, effective
November 12, 2004, the City of Delray Beach will withdraw its membership on the Palm Beach Countywide
Beaches and Shores Council.
Section 2. The foregoing recitals are hereby adopted and ratified.
PASSED AND ADOPTED this day of ,2004.
MAYOR
ATTEST:
City Clerk
0(<
~
RESOLUTION NO. 40-04
A RESOLUTION OF THE crn COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE
STRONG MAYOR INITlA TIVE FOR PALM BEACH
COUNTY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach is a Florida Municipal Corporation within the County
of Palm Beach; and
WHEREAS, a Strong Mayor initiative is proposed for Palm Beach County; and
WHEREAS, the Strong Mayor initiative, as proposed, concentrates excessive power in one
person; and
WHEREAS, the County Manager form of government, currendy in effect in Palm Beach
County, has a strong track record, both nationally and locally, for efficient, effective delivery oflocal
government services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That above recitals are incorporated as if fully set forth herein.
Section 2. The City of Delray Beach opposes the Strong Mayor initiative for Palm
Beach County.
Section 3. That the City Manager and the City Clerk are directed to file this resolution
with appropriate governmental and other authorities and entities in order to make public the City
Commission's declaration of opposition to the proposed initiative as set forth herein.
Section 4. This resolution shall be effective immediately upon its passage.
PASSED AND ADOPTED in regular session on this the _ day of .
2004.
MAYOR
ATTEST:
City Clerk
3F=
.------..---- -
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER oM
SUBJECT: AGENDA ITEM # <6G - REGULAR MEETING OF MAY 18.2004
PURCHASE ORDER INCREASES/ORIGINAL ORDER
MANUFACTURERS PARTS
DATE: MAY 14, 2004
This is before the City Commission to approve blanket purchase order increases of $10,000.00 to
purchase order #615369 (DeIray Lincoln Mercury), $6,000.00 to purchase order #617725 (Maroone
Chevrolet of Delray), and $10,000 to purchase order #615667 (Total Truck Parts) for the purchase of
non-stock Original Equipment Manufacturers parts for automotive repairs performed by the City
Garage.
Original Equipment Manufacturers (OEM) parts are needed for the maintenance and repair of all City
owned vehicles. A blanket purchase order is used for purchasing non-stock automotive parts as
needed. Each repair requires a different part which is not known until the vehicle requires
maintenance or repair.
Funding is available from 501-3311-591-52.50 (Garage Fund/Vehicle Maintenance/Parts).
Recommend approval of blanket purchase order increases of $10,000.00 to purchase order #615369,
$6,000.00 to purchase order #617725, and $10,000 to purchase order #615667 for the purchase of
OEM parts.
&\City Cletk\og<rnla memoo\PO ("""""" OEM Parts.OS.I8.04
MEMORANDUM
111: David Harden, City Manager
FROM: Palsy Nadal, Buyer
THROUGH: Joseph ~nce Director
DATE: 5111/2004
SUBJECT: Documentation-City Commission Meeting
May 18, 2004 - Blanket Purchase Order Increase
Approval for City Garage OEM MaintenancelRepair Parts
Item Before Commission:
City Commission is requested to approve an increase of the following blanket orders for the purchase of
original equipment manufacturers (OEM) parts. as needed. The fisted vendors are considered sole
source local vendors for automotive repair parts utilized by the City Garage.
Purchase Current Requested
Vendor Order PO Amt. Increase Total PO
Delray Uncoln Mereu/)' 615369 $14,000. $10,000. $24,000.
Maroone Chevrolet of Delray 617725 10.000. 6,000. 16,000.
"Total Truck Parts 615667 10,000. 10,000. 20,000.
Background:
Original equipment manufacturers (OEM) parts are needed for the maintenance and repair of all
City owned vehicles. A blanket purchase order is used for purchasing non-stock automotive parts as
needed. Each repair requires a different part and that is an unknown until the vehicle is actually in need
of maintenance or repair.
"Total Truck Parts was awarded a portion of Bid #2002-29 for vehicle maintenance and repair stock
items.
Recommendation:
The Purchasing Department recommends an increase to above mention purchase orders. The increases
are estimated doHar amounts required for the balance of this fISCal year. Funding from account code
#501-3311-591-52.50.
Attachments: Purchase Orders: 1615369,617725, and 615667
Emal Request for increase
cc: Jackie Rooney, Purchasing Manager ct--
JVJ.1I;5~C !'age 1 or j
Nadal, Patsy
From: Rooney, Jackie
Sent: Thursday, May 06, 2004 3:10 PM
To: Nadal, Patsy
Subject: FW: OEM - BLANKET PURCHASE ORDER INCREASE
Jackie Rooney
Purchasing Manager
City of Delray Beach
561-243-7163
561-243-7166 (fax)
---()riglnal Message---
From: Darty, Bill
Sent: Thursday, May 06, 2004 3:07 PM
To: Rooney, Jackie
Subject: RE: OEM - BLANKET PURCHASE ORDER INCREASE
Good afternoon.
This will basically use up our budget. We will try to stay with. in
this until the end of the year, but we never know what we will have
to spend. Thanks for your help.
Bill Darty
-----Original Message-----
From: Williams, Pame'
Sent: Thursday, May 06, 2004 2:52 PM
To: Rooney, Jackie
Cc: Darty, Bill; Schmitz, James
Subject: FW: OEM - BLANKET PURCHASE ORDER INCREASE
JACKIE,
PER BILL DARTY, THE FOLLOWING INCREASES
ARE NEEDED TO CARRY US THROUGH THIS
FISCAL YEAR:
TOTAL TRUCK PARTS . P0#613887. $10,000.00
DELBAYLlNCOLNMERCURY .PO#6IM89.
$10,000.00
MAROONE CHEVROLET. P0#613723. $8,000.00
5n/2004
"
Message page 3 ot3
THE ABOVE MENTIONED ARE ALL ORIGINodL
EQUIPNENTNodJVVFodCTC1RERS (OEM)
VENDORS, AS WELLASSOLESOl!RCELOCAL
VENDORS.
YOUR PROMPT ATl'ENTlON TO TIllS MATl'ER
WILL BE GREATLY APPRECIATED, IF
ADDITIONAL INFORMATION IS REQUIRED,
PLEASE FEEL FREE TO CONTACT ME.
SnJ2004
~~CtlASe ORDER U:!=DMS~ ~
100 NW FIRST AVENUE
DATE: 10/14/2003 DELRAY BEACH, FLORIDA 33444 '.. .. .. ..... 615369.. 1
CHANGE NO.: 2 5611243-7115 ....
C H A N G E D A T E . 1/05'/2004 ""5 NuMSER .usr APPEAR ON ALL '""OICES,
.. . . . . PACKING listS, lABELS, -BilLS OF' LADING AND
VENDOR: SHIP TO: COMESPONCENeE.
DELRAY LINCOLN MERCURY INC CITY Of DELRAY BEACH. fLORIDA
2102 S HDERAL HIGHWAY CENTRAL GARAGE
DEL RAY BEACH fL 334153 434 S. SWINTON AVENUE
DEL RAY 8EACH fL 33444
****************************************
* *
* CHANGE ORDER *
* *
* CONfIRMATION copy - DO NOT DUPLICATE *
* *
*** * ************ ** ."'. * * ** .-* *. * ** * ** *****
1 14000.00 EA "l-ANKET PU~CliASE ORDER fOR IUSC AUTO 1.00 14000.00
PARTS
fOR THE PERIOD Of 10/1/03 - 9130/04
ORIGINAL EtUrFMENT MANUfACTURER (OfM PARTS)
TOTAl- 14000.00
REM.ARKS:
CHANGE ORDER ;.11 TO INCREASE I3Y
$5000 PER DEPT REtUE'T.
APPROVED BY CITY MANAGER 01/05/04
CHANGE ORDER "2 TO INCREASE 8Y
$4000 PER DEPT RE4lUEST 0:3/16/04 i
ACCOUNT: 50133115915250
BILL TO: APPROVED
CITY OF DELRAY BEACH
ACCOUNTS PAYABLE
100 N.W.1st AVENUE
~y-",,,,,,,,,,- ~
FLOlUDA STATE SALEs TAX lOOiMl'TION
CIlIlTIFICATENO.liO-OO-U6141.$.4(: A HORIZ~TURE
OllDB~ SIJBJ'Bct 'f() ~dI'i'!liPNS ~s ON ltllVtllSB 011 ArtACHEb
P.~RcHASE 0RDER' mv IIF I11III9 BIIIDI ~
PURCHASING DIVISION
DATE: 10/2412003 100 NW FIRST AVENUE
DELRAY BEACH, FLORIDA 33444
ChANGE NO.: 1 561/243.7115
CHANGE DATE: 1112/2004 tHIS NUMBeR MUST APPEAR. ON ALL INVOICES,
PACKING LISTS, LABELS, BILLS OF LADING AND
VENDOR: SHIP TO: CORRESPONDENCE.
MAROONE CHEVROLET OF DEL RAY CITY OF DELRAY BEACH FLORIDA
FORMERLY STEVE MOORE CHEV CENTRAL GARAGE
2200 SOUTH FEDERAL MWY 434 S. SWINTON AVENUE
DELRAY BEACH FL 33483 DEL RAY BEACH FL 33444
****************************************
* "
* (HANGE OROER *
* "
* CONFIRMATION COpy - DO NOT DUPLICAiE "
* *
****************************************
1 10000.00 EA BLANKET PURCHASE ORDER FOR MISC AUTO 1.00 10000.00
PARTS
FOR THE PERIOD OF 10/1/03 - 9/30/04
TOTAL 10000.00
REMARKS:
C HAt~GE ORDER #1
INCREASE PO $5,000.00 PER DEPT REiUEST 01/12 2004
ACCOUNT: 50133115915250
i
BILL TO: APPROVED
CITY OF DELRAY BEAelI
ACCOUNTS PAYABLE
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444 <7D7{o~vzJL1 '
FLOlIIDA STATE SALES TAX EXEMPTION
CERTIFICATE NO. 60-00-116241-54C AUTHORIZED SIGNATURE
OilDU SUBJECT TO ~ftlfdtlA~IONS AS ON REVERSE OR ATTACHED
'PURCHASE ORDER" ... mv.......UkH ~
. PURCHASING DIVISION
DATE: 10/23/2003 100 NW FIRST AVENUE;
DELRAY BEACH, FLORIDA 33444
CHANGE NO.: 1 , 561/243-7115
CHANGE DATE: 2/23/2004 ' THIS NUMBER MUS1AfifiEAR ON ALL INVOICES,
PACKING WSTS"LABELS, BILLS .OF lADING ANa
VENDOR: SHIP TO: COFlFlESPONOcJIJCE.
TOTAL TRUCK PARTS INC CITY Of DELRAY BEACH FLORIDA
6515 SOUTHERN BLVD CENTRAL GARAGE
WEST PALM BEAc'H Fl 33/.13 434 S. SO/INTON AVENUE
DEL RAY BHCH FL 33444
****************************************
It *
* CHANGE O~DER *
* *
* CONFIRi'lATION COpy - DO NOT DUPLICATE *
* *
****************************************
1 10000.00 EA BLANKET PURCHASE ORDER FOR MISC AUTO 1.00 10000.a
PARTS
FOR THE PERIOD Of 10/01/03 - 9/30/04
SPECIALITY PARTS FOR EMERGENCY fIRE APPARAT S
REPAIRS
TOTAL 10000.0>
REMARKS:
PRICE PER BIllIf2002-29
CHANGE ORDER 1;1:
INCREASE $5,000., PER DEPT REtUEST D2/23/Z0 4
ACCOUNT: 50133115915250 i
BILL TO: APPROVED
CITY OF DELRAY BEACH
ACCOUNTS PAYABLE
100 Ij.W.1st AVEMJE
DELRA Y BEACH, FLORIDA 33444
FLORIDA ~ATE s~ TAX ItXEMP'rlON
cERTlFiCATE NO. OO-OO-ll@ll-$4C I NATURE
ORDER Sl!/lJEI:r 1'0 'MM~"IONS AS ON ItlM'RSE Ill< A7TACll
-'--_.
AGENDA ITEM NUMBER: <C6b
AGENDA REQUEST
Request to be placed on: May 18, 2004
Date: May 10, 2004
.JQL.. Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
City Commission is requested to approve an increase ofthe following blanket purchase orders:
Delray Uncoln Mercury #615369-$10,000., Maroone Chevrolet of Delray #61n25-$6,ooO. and
Total Truck Parts #615667-$10,000. for the purchase of non-stock original equipment
manufacturers (OEM) parts, as needed. The listed vendors are considered sole source local
vendors for automotive repair parts utilized by the City Garage.
ORDINANCE/RESOLUTION REQUIRED: YES NO _x
DraIl Attached: YES NO_X
Recommendation:
The Purchasing Department recommends increase to above mention purchase orders. The
increases are estimated dollar amounts required for the balance of this fiscal year. Funding from
account code #501-3311-591-52.50.
Department Head Signature:
Detennination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding avaHallle: Yes ~ No
(if applicable)
Funding altematives:
Account Number: 5G1- 3311-'>9/-52.!i D
Account Description: 1"1UJ.~ FUM /. ,frlnt,/v,f. mb~ ~ Ell fdtLts
Account Balance: _ hi.' tL tL.,~ ...f,,~A {lIt(. )811D ~
C'ty M 5~/-~U-!>'i;"f.iI.M (...~~ 5cl- 03.J1-.m-.u.lt.flJ~ JOI-I3/1-6'11_/:J..IO{-;!, 1<>)
I anager eVlew:
Approved for agenda:@4 No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
~
MEMORANDUM
To: David T. Harden, City Manager
From: ~ Rebecca S. O'Connor, Treasurer
Thru: '. Joseph M. Saffor~ector of Finance
Subject: Proposed $581,420 Lease Purchase Agreement
Date: April 29, 2004
Backaround
On April 22, 2004, the Finance Department sent out a request for proposal (RFP) to
several financial institutions asking them to provide bids for lease purchase financing of
a (2) ISeries Servers and software ($581,420) approved by City Commission on
November 4, 2004.
~
We asked that the financial institutions make non-bank qualified fixed rate bids based
on a 60 month term.
Security
The Lease Purchase will be secured on an annual basis from non-ad valorem revenues.
Bid Responses
The City received responses from Banc of America Leasing through the Florida League
of Cities, SunTrust Leasing, and Wachovia Bank, N.A. See the following schedule.
Bank Rate Total Interest Out of Pocket Total Cost
Cost
Bank of America 3.57% $52,411 $1,163 $53,574
SunTrust 2.97% $44,957 $0 $44,957
Wachovia 3.29% $49,927 $0 $49,927
The lowest bid was received from SunTrust Leasing at a rate of 2.97% with a total cost
of $44,957 for a 60 month period.
Recommendation
We recommend approving the attached agreement authorizing a lease purchase
agreement with SunTrust Leasing as well as authorizing the execution of other such
documents that may be necessary to execute the agreement. The terms are as
follows: a rate of 2.97%. a 60 month term, plus no out of pocket fees.
3\-\
RESOLUTION NO. 37-04
RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF A MASTER LEASE AGREEMENT,
EQUIPMENT SCHEDULE NO. 01 AND RELATED
INSTRUMENTS, AND DETERMINING OTHER MATTERS
IN CONNECTION THEREWITH.
WHEREAS. at a duly called meeting of the governing body of Lessee held in accordance with all applicable legal requirements.
including open meeting laws; and
WHEREAS, the governing body of City of Delray Beach, FL ("Lessee") desires to obtain certain equipment (the "Equipment")
described in Equipment Schedule No. 01 to the Master Lease Agreement (collectively, the "Lease") with SUNTRUST LEASING
CORPORATION, the form of which has been available for review by the governing body of Lessee prior to this meeting; and
WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and
WHEREAS, the funds made available under the Lease will be applied to the acquisition of the Equipment in accordance with such
Lease; and
WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for
the acquisition of the Equipment; and
WHEREAS, Lessee proposes to enter into the Lease with SUNTRUST LEASING CORPORATION substantially in the form
presented to this meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS:
Section 1. It is hereby found and determined that the terms of the Lease in the form presented to this meeting and incorporated in this
resolution are in the best interests of Lessee for the acquisition of the Equipment.
Section 2. The Lease and the acquisition and financing of the Equipment under the terms and conditions as described in the Lease are
hereby approved. The Mayor of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee
be, and each of them hereby is, authorized to execute, acknowledge and deliver the Lease with any changes, insertions and omissions
therein as may be approved by the officers who execute the Lease, such approval to be conclusively evidenced by such execution and
delivery of the Lease. The Mayor of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them
hereby is, authorized to affix the official seal of Lessee to the Lease and attest the same.
Section 3. The proper officers of Lessee be, and each of them hereby is. authorized and directed to execute and deliver any and all
papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and
things necessary or proper for carrying out this resolution and the Lease.
Section 4. Pursuant to Section 265(b) of the Internal Revenue Code of 1986. as amended (the "Code"). Lessee hereby specifically
designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Code.
The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and
further certifies that the Lease executed on behalf of Lessee is the same as presented at such meeting of the governing body of Lessee,
excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same.
Date: May 18,2004 CITY OF DELRA Y BEACH, FL
Lessee
By:
Name: Jeff Perlman
Title: Mavor
Attested By:
Name: Barbara Garito
Title: Citv Clerk
RES.NO.37-04
CITY OF DELRA Y BEACH, FL
INDEX TO LEGAL DOCUMENTS
NON BANK-QUALIFIED NON-ESCROW
Master Lease Agreement;
Exhibit A - Equipment Schedule No. 01;
Acceptance Certificate;
Payment Schedule;
Exhibit B-1 - Tax Agreement and Arbitrage Certificate;
Exhibit C - Resolution of Governing Body;
Exhibit D - Incumbency Certificate;
Exhibit E - Opinion of Counsel;
Exhibit F - Omitted Intentionally;
Exhibit G-l Confirmation of Outside Insurance;
Exhibit G-2 Questionnaire for Self-Insurance to Lease and Addendum;
Form 8038-G.
S/14/2004:FL-Bq-ne5c,doclltv.Olf04sll
SUNTRUST LEASING CORPORATION
MASTER LEASE AGREEMENT
LEASE NUMBER 02649
This MASTER LEASE AGREEMENT (the "Agreement"), dated as of May 20, 2004 is made and entered into by and between
SUNTRUST LEASING CORPORATION, a Virginia cOlporation, as lessor (the "Lessor"), and CITY OF DELRAY BEACH, FL a
political subdivision of the State of Florida, as lessee ("Lessee").
In consideration of the mutual covenants herein contained, the parties hereto agree as follows:
ARTICLE I. DEFINITIONS AND EXHIBITS
Spl"tiiln 11 npfinitionlil.. The following tenns have the meanings specified below.
"Acceptance Certificate" means each Acceptance Certificate delivered by Lessee as part of an Equipment Schedule certifying as to the
delivery, installation and acceptance of Equipment.
"Agreement" means this Master Lease Agreement and all Equipment Schedules hereto.
"Agreement Date" means the date first written above.
"Code" means the Internal Revenue Code of 1986, as amended, together with Treaswy Regulations promulgated from time to time
thereunder.
"Equipment" means all items of property described in Equipment Schedules and subject to this Agreement.
"Equipment Group" means each group of Equipment listed in a single Equipment Schedule.
"Equipment Schedule" means each sequentially numbered schedule executed by Lessor and Lessee with respect to an Equipment Group.
"Escrow Account" means the equipment acquisition account established by Lessor and Lessee with the Escrow Agent pursuant to the
Escrow Agreement.
"Escrow Agenttl means N/A .a N/A banking corporation, and any successor escrow agent under the Escrow Agreement.
"Escrow Agreement" means the Escrow Agreement, substantially in the form of Exhibit F hereto, if applicable, to be executed by Lessor,
Lessee and the Escrow Agent upon the first funding of an Equipment Schedule using the procedure described in Section 2.4.
"Events of Default" means those events described in Section 12.1.
"Fiscal Year" means each 12-month fiscal period of Lessee.
"Funding Date" means, with respect to each Lease, the date Lessor makes payment to the Vendor(s) named in the related Equipment
Schedule or reimburses Lessee for the purchase price of the related Equipment Group or, if the procedure described in Section 2.4 is
utilized, the date Lessor deposits funds equal to such purchase price into the Escrow Account.
"Interestll means the portion of a Rental Payment designated as and comprising interest as provided in a Payment Schedule.
"Lease" means, with respect to each Equipment Group, this Agreement and the Equipment Schedule relating thereto, which together shall
constitute a separate contract between Lessor and Lessee relating to such Equipment Group.
"Lease Date" means, with respect to each Lease, the date so designated in the related Equipment Schedule.
"Lease Term" means, with respect to each Equipment Group, the period during which the related Lease is in effect as specified in Section
3.1.
"Net Proceeds" means any insurance proceeds or condenmation awards paid with respect to any Equipment remaining after payment
therefrom of all expenses incurred in the collection thereof.
"Non-Appropriation" means the failure of Lessee, Lessee's governing body, or, if applicable, the governmental entity from which Lessee
obtains its operating and/or capital funds to appropriate money for any Fiscal Year sufficient for the continued performance by Lessee of all
of Lessee's obligations under this Agreement, as evidenced by the passage of an ordinance or resolution specifically prohibiting Lessee
SfI4f2004: FL-Bq-nesc.DOC/rev.O I 04SII 2
from performing its obligations under this Agreement with respect to any Equipment, and from using any moneys to pay any Rental
Payments due under this Agreement for a designated Fiscal Year and all subsequent Fiscal Years.
"Payment Date" means each date upon which a Rental Payment is due and payable as provided in a Payment Schedule.
"Payment Schedule" means the schedule of Rental Payments attached to an Equipment Schedule.
"Principal" means the portion of any Rental Payment designated as and comprising principal as provided in a Payment Schedule.
"Prepayment Pricel1 means the amount so designated and set forth opposite a Payment Date in a Payment Schedule indicating the amount
for which Lessee may purchase the related Equipment Group as of such Payment Date after making the Rental Payment due on such
Payment Date.
"Rental Payment" means each payment due from Lessee to Lessor on a Payment Date.
"Specifications" means the bid specifications and/or purchase order pursuant to which Lessee has ordered any Equipment from a Vendor.
"State" means the state or commonwealth in which Lessee is situated.
"Vendor" means each of the manufacturers or vendors from which Lessee has ordered or with which Lessee has contracted for the
manufacture, delivery and/or installation ofthe Equipment.
s,pt'tinn 1 2 F,yhihih,
Pyhihit A: Equipment Schedule including form of Acceptance Certificate and form of Payment Schedule.
Pyhihit R_l : Form of Tax Agreement and Arbitrage Certificate (Non-Escrow).
Fyhihitr._l: Form of Resolution of the Governing Body of Lessee relating to each Lease (Non-Escrow).
Pyl1ihitn: Form ofIncumbency Certificate as to each officer or representative of Lessee executing this Agreement or any Lease.
Fxhihit F: Form of Opinion of Independent Counsel to Lessee.
Fyhihit F: Omitted Intentionally.
Fyhihit n_1: Form of Confirmation of Outside Insurance.
Fyhihit (1_7: Form of Questionnaire for Self-Insurance and Addendum to Equipment Schedule Relating to Self-Insurance.
ARTICLE II. LEASE OF EQIDPMENT
s,pr-tinn '2 1 At'qlli!il.itinn of F,qnipmpnt Prior to the addition of any Equipment Group, Lessee shall provide Lessor with a description of
the equipment proposed to be subject to a Lease hereunder, including the cost and vendor of such equipment, the expected delivery date and
the desired lease terms for such equipment, and such other information as the Lessor may require. If Lessor, in its sole discretion,
detennines the proposed equipment may be subject to a Lease hereunder, Lessor shall furnish to Lessee a proposed Equipment Schedule
relating to the Equipment Group for execution by Lessee and then Lessor. By execution hereof, Lessor has made no commitment to lease
any equipment to Lessee.
Sp(':tinn '2 '2 Oi!il.hnr!il.pmpnt. Lessor shall have no obligation to make any disbursement to a Vendor or reimburse Lessee for any payment
made to a Vendor for an Equipment Group (or, if the escrow procedure described in Section 2.4 hereof is utilized, consent to a disbursement
by the Escrow Agent) until five (5) business days after Lessor has received all of the following in form and substance satisfactory to Lessor:
(a) a completed Equipment Schedule executed by Lessee; (b) an Acceptance Certificate in the form included with Exhibit A hereto; (c) a
resolution or evidence of other official action taken by or on behalf of the Lessee to authorize the acquisition of the Equipment Group on the
terms provided in such Equipment Schedule; (d) a Tax Agreement and Arbitrage Certificate in the form of Exhibit B-1 (as applicable)
attached hereto; (e) evidence of insurance with respect to the Equipment Group in compliance with Article VII of this Agreement; (I)
Vendor invoice(s) and/or bill(s) of sale relating to the Equipment Group, and if such invoices have been paid by Lessee, evidence of
payment thereof and evidence of official intent to reimburse such payment as required by the Code; (g) financing statements executed by
Lessee as debtor and/or the original certificate of title or manufacturer's certificate of origin and title application, if any, for any Equipment
which is part of such Equipment Group and is subject to certificate oftitle laws; (h) a completed and executed Form 8038-G or 8038-GC, as
applicable, or evidence of filing thereof with the Secretary of Treasury; (i) an opinion of counsel to the Lessee substantially in the form of
Exhibit E hereto, and G) any other documents or items reasonably required by Lessor.
SPl'tion '2 " f P9!i1.P' Pn!il.!il.p!iI.!il.inn 9ntl (J!il.p. Lessor hereby leases the Equipment to Lessee, and Lessee hereby leases the Equipment from
Lessor, upon the terms and conditions set forth herein. Lessee shall have quiet use and enjoyment of and peaceably have and hold each
Equipment Group during the related Lease Term, except as expressly set forth in this Agreement.
Spdinn '2 4 F.!il.t'rnw Prnt'pclnrp. If Lessor and Lessee agree that the cost of an Equipment Group is to be paid from an Escrow Account:
(a) Lessor and Lessee shall execute an Escrow Agreement substantially in the form of Exhibit F; (b) Lessor and Lessee shall execute an
Equipment Schedule relating to such Equipment Group; and (c) Lessor shall deposit an amount equal to the cost of the Equipment Group
into the Escrow Account. All amounts deposited by Lessor into the Escrow Account shall constitute a loan from Lessor to Lessee which
shall be repaid by the Rental Payments due under the related Lease.
SlI4I2004:FL-Bq-nesc.DOC/rev.OI04s11 3
n__.__
ARTICLE III. TERM
SP.C'nnn 11 Term. This Agreement shall be in effect from the Agreement Date until the earliest of (a) termination under Section 3.2 or (b)
termination under Section 12.2; pmvicip.rl, nnwp.vp:r, no Equipment Schedules shall be executed after any Non-Appropriation or Event of
Default. Each Lease with respect to an Equipment Group shall be in effect for a Lease Term commencing upon the Lease Date and ending
as provided in Section 3.2.
Sp"tinn '" Tprminatinn hy T P!li:li:P4". In the sole event afNon-Appropriation, this Agreement and each Lease hereunder shall terminate, in
whole. but not in part, as to all Equipment effective upon the last day of the Fiscal Year for which funds were appropriated, in the manner
and subject to the terms specified in this Article. Lessee may effect such termination by giving Lessor a written notice of termination and by
paying to Lessor any Rental Payments and other amounts which are due and have not been paid at or before the end of its then current
Fiscal Year. Lessee shall endeavor to give notice of such termination not less than ninety (90) days prior to the end of the Fiscal Year for
which appropriations were made, and shall notify Lessor of any anticipated termination. In the event of termination of this Agreement as
provided in this Section, Lessee shall comply with the instructions received from Lessor in accordance with Section 12.3.
Sei'tion 11 RtTp.(':t of Termination. Upon tennination of this Agreement as provided in Section 3.2, Lessee shall not be responsible for
the payment of any additional Rental Payments coming due in succeeding Fiscal Years, but if Lessee has not complied with the instructions
received from Lessor in accordance with Section 12.3, the termination shall nevertheless be effective, but Lessee shall be responsible for the
payment of damages in an amount equal to the amount of the Rental Payments that would thereafter have come due if this Agreement had
not been terminated and which are attributable to the number of days after which Lessee fails to comply with Lessor's instructions and for
any other loss suffered by Lessor as a result of Lessee's failure to take such actions as required.
Se"tion 14 Termination ofT ,ease Term, The Lease Term with respect to any Lease will terminate upon the occurrence of the first of the
following events: (a) the termination of this Agreement by Lessee in accordance with Section 3.2; (b) the payment of the Prepayment Price
by Lessee pursuant to Article V; (c) an Event of Default by Lessee and Lessor's election to terminate such Lease pursuant to Article XII; or
(d) the payment by Lessee of all Rental Payments and all other amounts authorized or required to be paid by Lessee pursuant to such Lease.
ARTICLE IV. RENTAL PAYMENTS
Sprtion 4 1 Rpntal Plfoympnts, Lessor and Lessee confirm their understanding and agreement that (a) all payments due under the
Agreement are to be made only from Lessee's legally available and appropriated revenues from sources other than ad valorem or
other taxes, (b) that Lessee shall not be obligated to pay any sums due under the Agreement from the proceeds of ad valorem or other
taxes, an,d (c) that Lessee's contractual obligations to request annual appropriations from which payments due under the Agreement
may be made does not constitute an indebtedness of Lessee within the meaning of any constitutional or statutory provision or
limitation. The Lessee agrees to pay the Rental Payments due as specified in the Payment Schedule in Exhibit A. A portion of each Rental
Payment is paid as interest as specified in the Payment Schedule of each lease, and the first Rental Payment will include Interest accruing
from the Funding Date. Lessor is authorized to insert the due date of tbe ftrst Rental Payment in the Payment Schedule in Exhibit A. All
Rental Payments shall be paid to Lessor, or to such assignee(s) Lessor has assigned as stipulated in Article XI, at such places as Lessor or
such assignee(s) may from time to time designate by written notice to Lessee. Lessee shall pay the Rental Payments with lawful money of
the United States of America from moneys legally available therefor.
Se~tion 4 2 Current Rxppnsp.. The obligations of Lessee, including its obligation to pay the Rental Payments due in any Fiscal Year of a
Lease Term, shall constitute a current expense of Lessee for such Fiscal Year and shall not constitute an indebtedness of Lessee within the
meaning of the Constitution and laws of the State. Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys (other
than moneys lawfully appropriated from time to time by or for the benefit of Lessee for this Agreement and the Net Proceeds of the
Equipment) to the payment of any Rental Payment or other amount coming due hereunder.
Sprtion 4 1 ITn"onrlitionlfol Rentlfol Plfoyments. The Lessee's obligation to make Rental Payments shall be absolute and unconditional.
Also, any other payments required hereunder shall be absolute and unconditional. Lessee shall make these payments when due and shall not
withhold any of these payments pending final resolution of any disputes. The Lessee shall not assert any right of set-off or counterclaim
against its obligation to make these payments. Lessee's obligation to make Rental Payments or other payments shall not be abated through
accident, unforeseen circumstances, failure of the Equipment to perform as desired, damage or destruction to the Equipment, loss of
possession of the Equipment or obsolescence of the Equipment. The Lessee shall be obligated to continue to make payments required of it
by this Agreement if title to. or temporary use of, the Equipment or any part thereof shall be taken under exercise of the power of eminent
domain.
ARTICLE V. OPTION TO PREPAY
Sprtion " 1 Option to Prpp9Y, Lessee shall have the option to prepay its obligations under any Lease in whole but not in part on any
Payment Date for the then applicable Prepayment Price (which shall include a prepayment fee) as set forth in the related Payment Schedule,
provided there has been no Non-Appropriation or Event of Default.
Sp"tlnn ,,1. Fypr('i~p of Option. Lessee shall give notice to Lessor of its intention to exercise its option not less than thirty (30) days prior
to the Payment Date on which the option will be exercised and shall pay to Lessor not later than such Payment Date an amount equal to all
Rental Payments and any other amounts then due or past due under the related Lease (including the Rental Payment due on the Payment
Date on which the option shall be effective) and the applicable Prepayment Price set forth in the related Payment Schedule. In the event that
S/14/2004:FL-Bq-nesc.DOCfrev.OI04sll 4
all such amounts are not received by Lessor on such Payment Date, such notice by Lessee of exercise of shall be void and the related Lease
shall continue in full force and effect.
Section 5.3. Rplp9li:P ofT ,~~nr'!il Tntprpd Upon receipt of the Prepayment Price in good funds with respect to any Equipment Group, the
Lease with respect to such Equipment Group shall terminate and Lessee shall become entitled to such Equipment Group AS IS, WHERE
IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED. INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE, except that such Equipment
Group shall not be subject to any lien or encumbrance created by or arising through Lessor.
ARTICLE VI. REPRESENTATIONS, WARRANTIES AND COVENANTS
Sp(':tinn " 1 Rpprp.~pntatinm: anrl Warr~mtip.~ of J .pUPP., Lessee represents and warrants as of the Agreement Date and as of each Lease
Date as follows:
(a) Lessee is a state or political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing
under the Constitution and laws of the State, and is authorized under the Constitution and laws of the State to enter into this Agreement,
each Lease and the transactions contemplated hereby and thereby, and to perform all of its obligations under this Agreement and each
Lease.
(b) The execution and delivery of this Agreement and each Lease have been duly authorized by all necessary action of Lessee's
governing body and such action is in compliance with all public bidding and other State and federal laws applicable to this Agreement, each
Lease and the acquisition and financing of the Equipment by Lessee.
(c) This Agreement and each Lease have been duly executed and delivered by and constitutes the valid and binding obligation of
Lessee, enforceable against Lessee in accordance with their respective terms.
(d) The execution, delivery and performance of this Agreement and each Lease by Lessee shall not (i) violate any State or federal law
or local law or ordinance, or any order, writ, injunction, decree, or regulation of any court or other governmental agency or body
applicable to Lessee, or (ii) contlict with or result in the breach or violation of any term or provision of, or constitute a default under, any
note, bond, mortgage, indenture, agreement, deed of trust, lease or other obligation to which Lessee is bound.
(e) There is no action, suit, proceeding, claim, inquiry or investigation, at law or in equity, before or by any court, regulatory agency,
public board or body pending or, to the best of Lessee's knowledge. threatened against or affecting Lessee, challenging Lessee's authority
to enter into this Agreement or any Lease or any other action wherein an unfavorable ruling or finding would adversely affect the
enforceability of this Agreement or any Lease.
(f) No lease, rental agreement, lease-purchase agreement, payment agreement or contract for purchase to which Lessee has been a
party at any time during the past ten (10) years has been terminated by Lessee as a result of insufficient funds being appropriated in any
Fiscal Year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee
has issued during the past ten (10) years.
(g) Lessee or Lessee's governing body has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to
pay all Rental Payments during the current Fiscal Year, and such moneys will he applied in payment of all Rental Payments due and payable
during such current Fiscal Year.
(h) Lessee has an inunediate need for, and expects to make immediate use of, the Equipment, which need is not temporary or expected
to diminish during the applicable Lease Term. Lessee presently intends to continue each Lease hereunder for its entire Lease Tenn and to
pay all Rental Payments relating thereto.
Sprtion 1\ 2 Cnvpnanh of' ,p~~pp.. Lessee agrees that so long as any Rental Payments or other amounts due under this Agreement remain
unpaid:
(a) Lessee shall not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or
regulation or in a manner contrary to that contemplated by this Agreement. Lessee shall obtain and maintain all pennits and licenses
necessary for the installation and operation of the Equipment. Lessee shall not, without the prior written consent of Lessor, affix or install
any accessory equipment or device on any of the Equipment if such addition would change or impair the originally intended functions,
value or use of such Equipment.
(b) Lessee shall provide Lessor access at all reasonable times to examine and inspect the Equipment and provide Lessor with such
access to the Equipment as may be reasonably necessary to perform maintenance on the Equipment in the event of failure by Lessee to
perfonn its obligations hereunder,
(c) Lessee shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or
other claim with respect to the Equipment, other than the respective rights of Lessor and Lessee as herein provided. Lessee shall promptly,
at its own expense, take such actions as may be necessary duly to discharge or remove any such claim if the same shall arise at any time.
Lessee shall reimburse Lessor for any expense incurred by Lessor in order to discharge or remove any such claim,
(d) The person or entity in charge of preparing Lessee's budget will include in the budget request for each Fiscal Year the Rental
Payments to become due during such Fiscal Year, and will use all reasonable and lawful means available to secure the appropriation of
money for such Fiscal Year sufficient to pay all Rental Payments coming due therein. Lessor acknowledges that appropriation for Rental
Payments is a governmental function which Lessee cannot contractually commit itself in advance to perform. Lessee acknowledges that this
Agreement does not constitute such a conunitment. However, Lessee reasonably believes that moneys in an amount sufficient to make all
SfI4f2004:FL-Bq'nclic.DOCJrc:v.0 I O41i11 5
-........--...-.
Rental Payments can and will lawfully be appropriated and made available to permit Lessee's continued utilization of the Equipment in the
petformance of its essential functions during the applicable Lease Terms.
(e) Lessee shall assure that its obligation to pay Rental Payments is not directly or indirectly secured by any interest in property, other
than the Equipment, and that the Rental Payments will not be directly or iudirectly secured by or derived from any payments of any type or
any fund other than Lessee's general purpose fund and that the Rental Payments will not be directly or indirectly secured by or derived from
any payments of any type other than from the Lessee's legally available non-ad valorem revenues.
(I) Upon Lessor's request, Lessee shall provide Lessor with current financial statements, budgets, and proof of appropriation for the
ensuing Fiscal Year and such other [mandai information relating to the ability of Lessee to continue this Agreement and each Lease as may
be reasonably requested by Lessor.
(g) Lessee shall promptly and duly execute and deliver to Lessor such further documents, instruments and assurances and take such
further action as Lessor may from time to time reasonably request in order to carry out the intent and purpose of this Agreement and to
establish and protect the rights and remedies created or intended to be created in favor of Lessor hereunder.
SPf'tinn Ii '1 T~y Rphltp.... Rp.prp~pnt~tinnli: Warrantip~ sm.... C'nvpnank.
(a) Incorporation of Tax Agreement and Arbitrage CertiflCate. As of each Lease Date and with respect each Lease, Lessee makes
each of the representations, warranties and covenants contained in the Tax Agreement and Arbitrage Certificate delivered with respect
to such Lease. By this reference each such Tax Agreement and Arbitrage Certificate is incorporated in and made a part of this Agreement.
(b) Event of Taxability. If Lessor either (i) receives notice, in any form, from the Internal Revenue Service or (ii) reasonably
determines, based on an opinion of independent tax counsel selected by Lessor, that Lessor may not exclude any Interest paid under any
Lease from its Federal gross income (each an "Event of Taxability"), the Lessee shall pay to Lessor upon demand (x) an amount which, with
respect to Rental Payments previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal,
state and local taxes imposed on the Interest due through the date of such event), will restore to Lessor its after-tax yield (assuming tax at the
highest marginal tax rate and taking into account the time of receipt of Rental Payments and reinvestment at the after-tax yield rate) on
the transaction evidenced by such Lease through the date of such event and (y) as additional Rental Payments to Lessor on each succeeding
Payment Date such amount as will maintain such after -tax yield to Lessor.
ARTICLE VII. INSURANCE AND RISK OF LOSS
Sp.l'"tinn71 T iahility anrl Prnpprty Tn~lIrance Lessee shall, at its own expense, procure and maintain continuously in effect during each
Lease Tenn: (a) public liability insurance for death or injuries to persons, or damage to property arising out of or in any way connected to
the Equipment sufficient to protect Lessor and/or assigns from liability in all events, with a coverage of not less than $1,000,000 per
occurrence unless specified differently in the related Equipment Schedule, and (b) insurance against such hazards as Lessor may require,
including, but not limited to, all-risk casualty and property insurance, in an amount equal to the greater of the full replacement cost of the
Equipment or the applicable Prepayment Price of each Equipment Group.
Sp('tinn 7 2 Wnrkprs' C'nmppn~atinn Tnsnran('P. If required by State law, Lessee shall carry workers' compensation insurance covering
all employees on, in, near or about the Equipment, and upon request, shall furnish to Lessor certificates evidencing such coverage
throughout the Lease Term.
Sp('tinn 7:1 Tnsllran('p Rpqllirpmpnt~
(a) Insurance Policies. All insurance policies required by this Article shall be taken out and maintained with insurance companies
acceptable to Lessor and shall contain a provision that thirty (30) days prior to any change in the coverage the insurer must provide written
notice to the insured parties. No insurance shall be subject to any co-insurance clause. Each insurance policy shall name Lessor and/or its
assigns as an additional insured party and loss payee regardless of any breach of warranty or other act or omission of Lessee and shall
include a lender's loss payable endorsement for the benefit of Lessor and/or is assigns. Prior to the delivery of Equipment, Lessee shall
deposit with Lessor evidence satisfactory to Lessor of such insurance and, prior to the expiration thereof, shall provide Lessor evidence of
all renewals or replacements thereof.
(b) Self Insurance. With Lessor's prior consent, Lessee may self-insure the Equipment by means of an adequate insurance fund set
aside and maintained for that purpose which must be fully described in a letter delivered to Lessor in form acceptable to Lessor.
(c) Evidence of Insurance. Lessee shall deliver to Lessor upon acceptance of any Equipment evidence of insurance which complies
with this Article VII with respect to such Equipment to the satisfaction of Lessor, including, without limitation, the continnation of
insurance in the form of Exhibit G-I attached hereto together with Certificates of Insurance, when available, or the Questionnaire for Self.
Insurance and Addendum to Equipment Schedule Relating to Self-Iusurance in the fonn of Exhibit G-2 attached hereto, as applicable.
Sp('tinn 7 4 Rh:k of T ,nss. To the extent permitted by applicable laws of the State, as between Lessor and Lessee, Lessee assumes all risks
and liabilities from any cause whatsoever, whether or not covered by insurance, for loss or damage to any Equipment and for injury to or
death of any person or damage to any property. Whether or not covered by insurance, Lessee hereby assumes responsibility for and agrees
to indenmify Lessor from all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses, including reasonable
attorneys' fees, imposed on, incurred by or asserted against Lessor that relate to or arise out of this Agreement, including but not limited to,
(a) the selection, manufacture, purchase, acceptance or rejection of Equipment or the ownership of the Equipment, (b) the delivery, lease,
possession, maintenance, use, condition, return or operation of the Equipment, (c) the condition of the Equipment sold or otheIWise
disposed of after possession by Lessee, (d) the conduct of Lessee, its officers, employees and agents, (e) a breach of Lessee of any of its
5fI412004:FL.-8q-nesc.DOC/rcv.0 l04slJ 6
covenants or obligations hereunder, (f) any claim, loss, cost or expense involving alleged damage to the environment relating to the
Equipment, including, but not limited to investigation, removal, cleanup and remedial costs, and (g) any strict liability under the laws or
judicial decisions of any state or the United States. This provision shall survive the termination ofthls Agreement.
Sp(':tion 7 oCi npdru(':tion of Rqnipmpnt. Lessee shall provide a complete written report to Lessor immediately upon any loss, theft,
damage or destruction of any Equipment and of any accident involving any Equipment. Lessor may inspect the Equipment at any time and
from time to time during regular business hours. If all or any part of the Equipment is stolen, lost, destroyed or damaged beyond repair
("Damaged Equipment"), Lessee shall within thirty (30) days after such event either: (a) replace the same at Lessee's sole expense with
equipment having substantially similar Specifications and of equal or greater value to the Damaged Equipment immediately prior to the time
of the loss occurrence, such replacement equipment to be subject to Lessor's approval, whereupon such replacement equipment shall be
substituted in the applicable Lease and the other related documents by appropriate endorsement or amendment; or (b) pay the applicable
Prepayment Price of the Damaged Equipment determined as set forth in the related Equipment Schedule. Lessee shall notifY Lessor of
which course of action it will take within fifteen (15) days after the loss occurrence. If. within forty-five (45) days of the loss occurrence, (a)
Lessee fails to notifY Lessor; (b) Lessee and Lessor fail to execute an amendment to the applicable Equipment Schedule to delete the
Damaged Equipment and add the replacement equipment or (c) Lessee has failed to pay the applicable Prepayment Price, then Lessor may,
at its sole discretion, declare the applicable Prepayment Price of the Damaged Equipment, to be immediately due and payable. The Net
Proceeds of insurance with respect to the Damaged Equipment shall be made available by Lessor to be applied to discharge Lessee'
obligation under this Section.
ARTICLE VIII. OTHER OBLIGATIONS OF LESSEE
Spt'tion H 1 Maintpmlnt'P of Fqnipmpnt Lessee shall notify Lessor in writing prior to moving the Equipment to another address and
shall otherwise keep the Equipment at the address specified in the related Equipment Schedule. Lessee shall, at its own expense, maintain
the Equipment in proper working order and shall make all necessary repairs and replacements to keep the Equipment in such condition
including compliance with State and federal laws. Any and all replacement parts must be free of encumbrances and liens. All such
replacement parts and accessories shall be deemed to be incorporated immediately into and to constitute ~ integral portion of the
Equipment and as such, shall be subject to the terms of this Agreement.
Sp.t'tion H 2 TaYP~. Lessee shall pay all taxes and other charges which are assessed or levied against the Equipment, the Rental Payments
or any part thereof, or which become due during the Lease Term, whether assessed against Lessee or Lessor, except as expressly limited by
this Section. Lessee shall pay all utilities and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the
Equipment. and all special assessments and charges lawfully made by any govemmental body that may be secured by a lien on the
Equipment. Lessee shall not be required to pay any federal, state or local income, succession, transfer, franchise, profit, excess profit,
capital stock, gross receipts, corporate, or other similar tax payable by Lessor, its successors or assigns, unless such tax is made as a
substitute for any tax, assessment or charge which is the obligation of Lessee under this Section.
SP.("tion H " A.rtvlln(':p.~. If Lessee shall fail to perform any of its obligations under this Article, Lessor may take such action to cure such
failure, including the advancement of money, and Lessee shall be obligated to repay all such advances on demand, with interest at the rate of
18% per annum or the maximum rate permitted by law, whichever is less, from the date of the advance to the date of repayment.
ARTICLE IX. TITLE
SP.("tion 91 Title_ During the Lease Term, ownership and legal title of all Equipment and all replacements, substitutions, repairs and
modification shall be in Lessee and Lessee shall take all action necessary to vest such ownership and title in Lessee. Lessor does not own
the Equipment and by this Agreement and each Lease is merely financing the acquisition of such equipment for Lessee. Lessor has not
been in the chain of title of the Equipment, does not operate, control or have possession of the Equipment and has no control over the Lessee
or the Lessee's operation, use, storage or maintenance of the Equipment.
Sp(':tion 9 2 Spt'nrity Intprpd. All provisions referencing Lessor having a security interest in the Equipment are hereby cancelled and
shall not have any force or effect. Lessor and Lessee agree that the Agreement does not result in the creation of any lien, charge,
security interest or other encumbrance upon the Equipment or any other asset of Lessee.
Spf'tion I) 1 Mollifif'ation of Rqnipmp.nt. Lessee will not, without the prior written consent of Lessor, affix or install any accessory
equipment or device on any of the Equipment if such addition will change or impair the originally intended value, function or use of the
Equipment.
Spf'tion I) 4 pp.r~onal Propprty The Equipment is and shall at all times be and remain personal property and not fixtures.
ARTICLE X. WARRANTIES
SHtion 101 Sp.lpt'tion of Fqnipmp.nf. Each Vendor and all of the Equipment have been selected by Lessee. Lessor shall have no
responsibility in connection with the selection of the Equipment, the ordering of the Equipment, its suitability for the use intended by
Lessee, the acceptance by any Vendor or its sales representative of any order submitted, or any delay or failure by such Vendor or its sales
representative to manufacture, deliver or install any Equipment for use by Lessee.
Sf>t'tion 10 2 Vpnllor'~ Wllrrantip.~. Lessor hereby assigns to Lessee for and during the related Lease Term, all of its interest, ifany, in all
Vendor's warranties, guarantees and patent indemnity protection, express or implied issued on or applicable to an Equipment Group, and
Lessee may obtain the customary services furnished in connection with such warranties and guarantees at Lessee's expense. Lessor has no
5/1412004: FL-Bq-nesc.OOClrev.O I 04s11 7
obligation to enforce any Vendor's warranties or obligations on behalf of itself or Lessee.
Sp.C"tinn 101 nh:('19impr of WBrrantip'!i: LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF A SIZE, DESIGN,
CAPACITY, AND MANUFACTURE SELECTED BY LESSEE. LESSEE ACKNOWLEDGES THAT IT SELECTED THE
EQUIPMENT WITHOUT ASSISTANCE OF LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR IS NOT A MANUFACTURER OF
THE EQUIPMENT OR A DEALER IN SIMILAR EQUIPMENT, AND DOES NOT INSPECT THE EQUIPMENT BEFORE
DELIVERY TO LESSEE. LESSOR MAKES NO WARRANTY OR REPRESENTATION. EITHER EXPRESS OR IMPLIED, AS TO
THE VALUE, DESIGN, CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANT-ABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE OF THE EQUIPMENT, OR ANY OTHER
REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. IN NO EVENT SHALL LESSOR BE LIABLE
FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS
AGREEMENT OR THE EQUIPMENT OR LESSEE'S USE OF THE EQUIPMENT.
ARTICLE XI. ASSIGNMENT AND SUBLEASING
SP{"tinn 11 1 A.~,"i1tnmp.nt hy 1 ,~"nr, Lessor, without Lessee's consent, may assign and reassign all of Lessor's right, title and/or interest
in and to this Agreement or any Lease, including, but not limited to, the Rental Payments and other amounts payable by Lessee and Lessor's
interest in the Equipment, in whole or in part to one or more assignees or subassignee(s) by Lessor at any time. No such assignment shall
be effective as against Lessee unless and until written notice of the assignment is provided to Lessee. When presented with a notice of
assignment, Lessee will acknowledge in writing rece~pt of such notice for the benefit of Lessor and any assignee. Lessee shall keep a
complete and accurate record of all such assigmnents.
"p,,"on 112 A.~~i~nmpnt anrl Snhlpa~in~ fly 1 'p'~~pp. Neither this Agreement nor any Lease or any Equipment may be assigned,
subleased, sold. transferred, pledged or mortgaged by Lessee.
ARTICLE XII. EVENTS OF DEFAULT AND REMEDIES
Sp(':non 121 F.vpnt~ of npfanlt npfinptl. The occurrence of any of the following events shall constitute an Event of Default under this
Agreement and each Lease:
(a) Lessee's failure to pay, within ten (10) days following the due date thereof, any Rental Payment or other amount required to be
paid to Lessor (other than by reason of Non-Appropriation).
(b) Lessee's failure to maintain insurance as required by Article VII.
(c) With the exception of the above clauses (a) & (b), Lessee's failure to perfonn or abide by any condition, agreement or covenant for
a period of thirty (30) days after written notice by Lessor to Lessee specirying such failure and requesting that it be remedied, unless Lessor
shall agree in writing to an extension of time prior to its expiration.
(d) Lessor's determination that any representation or warranty made by Lessee in this Agreement was untrue in any material respect
upon execution of this Agreement or any Equipment Schedule.
(e) The occurrence of an Event of Taxability.
(I) The filing of a petition in bankruptcy by or against Lessee, or failure by Lessee promptly to lift any execution, garnishment or
attachment of such consequence as would impair the ability of Lessee to carry on its governmental functions or assignment by Lessee for
the benefit of creditors, or the entry by Lessee into an agreement of composition with creditors, or the approval by a court of competent
jurisdiction of any adjustment of indebtedness of Lessee, or the dissolution or liquidation of Lessee.
Sp(':non 12 2 Rpmprlip~ on npfanlt. In the event of default by Lessee under the Agreement, Lessor's sole remedies shall be to sue
Lessee for compensatory damages, which Lessee agrees to pay and which are hereby agreed to be the Prepayment Price applicable to
the immediately preceding Rental Payment due date, as set forth on the Payment Schedule, plus any Rental Payments accrued and
unpaid as of the date default, provided that in the event that Lessee voluntarily returns the Equipment to Lessor to a location specified
by Lessor, at Lessee's sole risk, cost and expense and in the condition required by Section 8.1 of the Agreement, Lessor shall not have
any further remedies against Lessee. Lessor shall also have the right in the event of default to exercise any other right, remedy or
privilege which may be available to it, including without limitation proceedings by appropriate court action to require specific
performances of any provision of the Agreement other than Lessee's covenant to return possession of and title to the Equipment,
which covenant shall not be subject to enforcement by specific performance. Lessee shall remain liable for all legal fees and other
costs and expenses; including court costs, incurred by Lessor in the enforcement of its remedies under the Agreement except to the
extent prohibited by the Constitution and laws of the State of Florida.
"~tion 12l Rptnrn of Rqnipmpnt. Rplp9~P ofT ,p~~pp'~ TntprP.d. With respect to any provision of the Agreement requiring Lessee to
return all or any portion of the Equipment to Lessor or to transfer title to all or any portion of the equipment to Lessor, Lessee agrees
to voluntarily do so. In the event that Lessee fails for refuses to return or transfer the Equipment or title thereto voluntarily as set
forth above, Lessor acknowledges that the Agreement does not and shall not create a right in Lessor to involuntarily dispossess Lessee
of title to or possession of all or any item of the Equipment. In lieu of such right Lessor shall be entitled to and Lessee agrees to pay
to Lessor immediately, but only from Lessee's legally available and appropriated revenues from sources other than ad valorem or
other taxes, the Prepayment Price applicable to the immediately preceding Rental Payment due date, as set forth on the Payment
Schedule, plus any Rental Payments accrued and unpaid as of the date of such payment.
5//412004:FL-Bq-ncsc.IXJClrev,OI04SI/ 8
Spt'tlnn 11. 4 I ,IIIfp rhAr~p. Lessor shall have the right to require late payment charge for each Rental or any other amount due hereunder
which is not paid within 10 days of the date when due equal to the lesser of 5% of each late payment or the legal maximum. This Section is
only applicable to the extent it does not affect the validity of this Agreement.
ARTICLE XIII. MISCELLANEOUS PROVISIONS
Spt'tlnn l' 1 Nntit'P~. All written notices to be given under this Agreement shall be given by mail to the party entitled thereto at its address
specified beneath each party's signature, or at such address as the party may provide to the other parties hereto in writing from time to time.
Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified fonn, with
postage fully prepaid, or, if given by other means, when delivered at the address specified in this Section 13.1.
Spt':tinn l' 1. Rinrling Fffec.f. This Agreement and each Lease hereunder shall be binding upon and shall inure to the benefit of Lessor and
Lessee and their respective successors and assigns. Specifically, as used herein the term "Lessor" means any person or entity to whom
Lessor has assigned its right to receive Rental Payments under any Lease.
Sp,.tlnn 1'1 '1 Spvpnhility, In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by any court
of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
Spt'tinn 1'1 4 Fntirp Agrp.p.mpnf' A mpn"'mpnt~. This Agreement consti~tes the entire agreement of the parties with respect to the subject
matter hereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and
representations, express or implied. This Agreement may be amended or modified only by written documents duly authorized, executed
and delivered by Lessor and Lessee.
SP{'tinn 1'1.c;; rAptinn~. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the
scope or intent of any provisions, Articles, Sections or Clauses hereof.
Spt'tinn 1'16 Furthpr A~~mrAnt'P!i: anll rnrrPrtivp. lndnlmpnk, Lessor and Lessee agree that they will, from time to time, execute,
acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as
may reasonably be required for correcting any inadequate or incorrect description of the Equipment hereby leased or intended so to be, or
for otherwise carrying out the expressed intention of this Agreement.
Sp.~tinn 117 (;overning 1,lIw, This Agreement shall be governed by and construed in accordance with the laws of the State.
Sp.t'tinn l' R l1~ury, It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that,
notwithstanding any provisions to the contrary herein or in any Equipment Schedule, in no event shall this Agreement or any Lease
hereunder require the payment or pennit the collection of Interest or any amount in the nature of Interest or fees in excess of the maximum
amount permitted by applicable law. Any such excess Interest or fees shall first be applied to reduce Principal, and when no Principal
remains. refunded to Lessee. In determining whether the Interest paid or payable exceeds the highest lawful rate, the total amount of Interest
shall be spread through the applicable Lease Term so that the Interest is uniform through such term.
Sp{":tinn 1'1() T P~~PP.'!i: pprfnrmllnt'P. A failure or delay of Lessor to enforce any of the provisions of this Agreement or any Lease shall in
no way be construed to be a waiver of such provision.
Se{":tinn l' 10 Waivpr nf Jury Trial. DELETED
[REMAINDER OF PAGE LEFf INTENTIONALLY BLANK]
SfI4l2004:FL-Bq-nesc.DOCJrev.01 04sU 9
---
EXECUfION PAGE OF MASTER LEASE AGREEMENT
LEASE NUMBER 02649
IN WITNESS WHEREOF, Lessor has caused this Agreement to be execoted in its corporate name by its duly authorized officer, and
Lessee has caused this Agreement to be executed in its name by its duly authorized officer.
CITY OF DELRAY BEACH, FL SUNTRUST LEASING CORPORATION,
Lessee Lessor
By: By:
Name: Jeff Perlman Name: Michael J. Powers
Title: Mayor Title: Secrelaty
Date: Date:
Address: 100 NW First Avenue Address: 29 W. Susquehanna Avenue. Suite 400
De1ray Beach, FL 33444-2698 Towson, MD 21204
Telephone: 561/243-7120 Telephone: 410/307-6644
Facsimile: 561/243-7166 Facsimile: 410/307-6702
SfI4l2004:FL-Bq-ncsc.DOClrcv.OI04stl 10
------.
EXHIBIT A
EQUIPMENT SCHEDULE NO. 01
TO LEASE NO. 02649
The following Equipment comprises an Equipment Group which is the subject of the Master Lease Agreement dated as May 20,
2004 (the "Agreement") between the undersigned Lessor and Lessee. The Agreement is incorporated herein in its entirety, and Lessee
hereby reaffirms each of its representations, warranties and covenants contained in the Agreement. Lessee warrants that no Non-
Appropriation and no Event of Default, or event which, with the passage of time or the giving of notice or both, would constitute an Event
of Default, has occurred under the Agreement. An Acceptance Certificate and Payment Schedule are attached to this Equipment Schedule
and by reference are made a part hereof. The terms capitalized in this Equipment Schedule but not defined herein shall have the meanings
assigned to them in the Agreement.
FQJnPMFNT r.ROHP
The cost of the Equipment Group to be funded by Lessee under this Lease is Five Hundred Eighty One Thousand Four Hundred
Twenty Dollars and 00/100 ($581,420.00) (the "Acquisition Cost"). The Equipment Group consists of the following Equipment which
has been or shall be purchased from the Vendor(s) named below for the prices set forth below:
TWO (2) IBM SERVERS
SEE A IT ACHED INVOICES
The Equipment Group is or will be located at the following address( es). Prior to relocation of the Equipment Group or any
portion thereof during the Lease Term, Lessee will provide written notice to Lessor:
100 NW First Avenue
Delray Beach, Fl33444-2698
CITY OF DELRA Y BEACH, FL SUNTRUST LEASING CORPORATION,
Lessee Lessor
By: By:
Name: Jeff Perlman Name: Michael J. Powers
Title: Mayor Title: Secretary
Date: Date:
Address: 100 NW First Avenue Address: 29 W. Susquehanna Avenue. Suite 400
Deiray Beach, FI33444-2698 Towson,NUD 21204
Telephone: 561/243-7120 Telephone: 410/307-6644
Facsimile: 561/243-7166 Facsimile: 410/307-6702
Sfl4J2004:FL-Bq-nesc.DOCJl't:v.0l 04s11 11
-----
Lease No.: 02649
Equipment Schedule: 01
ACCEPTANCE CERTIFICATE
I, the undersigned, hereby certity that I am the duly qualified and acting officer of the Lessee identified below and, with respect to
the above referenced Equipment Schedule and Lease, that:
I. The Equipment described below has been delivered and installed in accordance with Lessee's specifications, is in good
working order and is fully opemtional and has been fully accepted by Lessee on or before the date indicated below:
TWO (2) IBM SERVERS
SEE A IT ACHED INVOICES
2. Attached are (a) evidence of insurance with respect to the Equipment in compliance with Article VII of the Agreement; (b)
Vendor invoice(s) and/or bil1(s) of sale relating to the Equipment, and if such invoices have been paid by Lessee, evidence of payment
thereof (evidence of official intent to reimburse such payment as required by the Code having been delivered separately by Lessee); and (c)
financing statements executed by Lessee as debtor and/or the original certificate of title or manufacturer's certificate of origin and title
application, if any, for any Equipment which is subject to certificate of title laws.
3. Rental Payments shall be due and payable by Lessee on the dates and in the amounts indicated on the Payment Schedule
attached to the Equipment Schedule. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to
pay all Rental Payments required to be paid under the Lease during the current Fiscal Year of Lessee. Such moneys will be applied in
payment of all such Rental Payments due and payable during such current Fiscal Year. Lessee anticipates that sufficient funds shall be
available to make all Rental Payments due in subsequent Fiscal Years.
4. Lessee hereby authorizes and directs Lessor to fund the Acquisition Cost of the Equipment by paying, or directing the payment
by the Escrow Agent (if applicable) of, the invoice prices to the Vendor(s), in each case as set forth above, or by reimbursing Lessee in the
event such invoice prices have been previously paid by Lessee.
~ 5. Final Acceptance Certificate. This Acceptance Certificate constitutes final acceptance of all of the Equipment identified in
the Equipment Schedule described above. Lessee certifies that upon payment in accordance with paragraph 4 above, or direction to the
Escrow Agent (if applicable) to make payment, Lessor shall have fully and satisfactorily performed all of its covenants and obligations
under the Lease. [CHECK BOX IF APPLICABLE.]
CITY OF DELRA Y BEACH, FL
Lessee
By:
Name: Jeff Perlman
Title: Mayor
Date:
S/14l2004:FL-Bq-nese.DOCIrev.0 I 04stl 12
Lease Number: 02649
Equipment Schedule: 01
P A VMRNT SrHRnJrr .R
The Funding Date with respect to the above referenced Equipment Group shall be May 20, 2004. The Annual Interest Rate
applicable to the Equipment Group shall be 2.97%. Lessee will make Rental Payments each consisting of Principal and Interest as set forth
below for a tenn of 5 years. The first Rental Payment is due on June 20, 2004 and subsequent payments are due monthly on like date
thereafter.
Payment Payment Payment Principal Interest Prepayment Principal
Number Date Amount Component Component Price* Balance
1 06/20/04 10,439.61 9.000.59 1,439.02 601.040.38 572,419.41
2 07/20/04 10,439.61 9,022.87 1,416.74 591,566.37 563,396.54
3 08/20/04 10,439.61 9,045.20 1,394.41 582,068.92 554,351.35
4 09/20/04 10,439.61 9,067.58 1,372.03 572.547.95 545,283.76
5 10/20/04 10,439.61 9,090.03 1,349.58 563.003.43 536,193.74
6 11/20/04 10,439.61 9,112.52 1,327.09 553,435.27 527,081.21
7 12/20/04 10,439.61 9,135.08 1,304.53 543,843.44 517,946.13
8 01/20/05 10,439.61 9,157.69 1,281.92 534,227.86 508,788.44
9 02/20/05 10,439.61 9,180.35 1,259.26 524,588.49 499,608.09
10 03/20/05 10,439.61 9,203.07 1,236.54 514,925.27 490,405.02
11 04/20/05 10,439.61 9,225.85 1.213.76 505,238.12 481,179.16
12 OS/20/05 10,439.61 9,248.69 1.190.92 495.527.00 471.930.48
13 06/20/05 10,439.61 9,271.58 1.168.03 485,791.85 462.658.90
14 07/20/05 10,439.61 9,294.52 1.145.09 476.032.60 453,364.38
15 08/20/05 10,439.61 9,317.53 1.122.08 466,249.19 444,046.85
16 09/20/05 10,439.61 9.340.59 1.099.02 456,441.57 434,706.26
17 10/20/05 10,439.61 9,363.71 1,075.90 446,609.68 425,342.55
18 11/20/05 10,439.61 9,386.88 1,052.73 436,753.45 415,955.67
19 12/20/05 10,439.61 9,410.12 1.029.49 426,872.83 406,545.55
20 01/20/06 10,439.61 9,433.41 1,006.20 416,967.76 397.112.15
21 02/20/06 10,439.61 9,456.75 982.86 407.038.16 387,655.39
22 03/20/06 10,439.61 9,480.16 959.45 397.084.00 378,175.24
23 04/20/06 10,439.61 9,503.62 935.99 387,105.19 368,671.61
24 OS/20/06 10,439.61 9,527.14 912.47 377,101.69 359.144.47
5/1412004:FL-Bq-nesc.OOClrev.Ol04sl1 13
Lease Number: 02649
Equipment Schedule: 01
Payment Payment Payment Principal Interest Prepayment Principal
Number Date Amount Component Component Price* Balance
25 06120106 10,439.61 9.550.72 888.89 367.073.44 349.593.75
26 07120106 10,439.61 9.574.36 865.25 357.020.35 340.019.38
27 08120106 10,439.61 9.598.06 841.55 346.942.40 330,421.33
28 09120106 10,439.61 9.621.81 817.80 336,839.49 320,799.51
29 10120106 10,439.61 9,645.63 793.98 326,711.57 311,153.88
30 11120106 10,439.61 9.669.50 770.11 316.558.60 301,484.38
31 12120106 10,439.61 9.693.43 746.18 306,380.50 291,790.95
32 01120107 10,439.61 9.717.42 722.19 296,177.21 282,073.53
33 02120107 10,439.61 9,741.48 698.13 285,948.65 272.332.05
34 03120107 10,439.61 9,765.59 674.02 275,694.79 262.566.47
35 04120107 10,439.61 9,789.76 649.85 265,415.55 252,776.71
36 05120107 10,439.61 9,813.98 625.63 255,110.87 242,962.73
37 06120107 10,439.61 9,838.27 601.34 244,780.67 233.124.45
38 07120107 10,439.61 9,862.62 576.99 234,424.92 223,261.83
39 08120107 10,439.61 9.887.03 552.58 224,043.53 213,374.79
40 09120107 10,439.61 9,911.51 528.10 213,636.45 203,463.29
41 10120107 10,439.61 9,936.04 503.57 203.203.61 193,527.25
42 11120107 10,439.61 9,960.63 478.98 192,744.95 183,566.62
43 12120107 10,439.61 9,985.28 454.33 182.260.41 173,581.34
44 01120108 10,439.61 10,009.99 429.62 171.749.92 163,571.35
45 02120108 10,439.61 10,034.77 404.84 161.213.41 153,536.58
46 03120108 10,439.61 10,059.61 380.00 150.650.82 143,476.97
47 04120108 10,439.61 10,084.50 355.11 140.062.09 133.392.47
48 05120108 10,439.61 10,109.46 330.15 129,447.16 123,283.01
49 06120108 10,439.61 10,134.48 305.13 118,805.95 113,148.52
50 07120108 10,439.61 10,159.57 280.04 108.138.41 102,988.96
51 08120108 10,439.61 10,184.71 254.90 97,444.46 92,804.25
S/I4f2004:FL-Bq-nesc.DOCIrcv.ol 04stl 14
-.
Lease Number: 02649
Equipment Schedule: 01
Payment Payment Payment Principal Interest Prepayment Principal
Number Date Amount Component Component Price* Balance
52 09/20/08 10,439.61 10,209.92 229.69 86,724.05 82,594.33
53 10/20/08 10,439.61 10,235.19 204.42 75.977.10 72,359.14
54 11/20/08 10,439.61 10,260.52 179.09 65.203.55 62,098.62
55 12/20/08 10,439.61 10,285.92 153.69 54,403.35 51.812.71
56 01/20/09 10,439.61 10,311.37 128.24 43,576.40 41.501.33
57 02/20/09 10,439.61 10,336.89 102.72 32,722.66 31,164.44
58 03/20/09 10,439.61 10,362.48 77.13 21,842.06 20,801.96
59 04/20/09 10,439.61 10,388.12 51.49 10,934.53 10,413.84
60 OS/20/09 10,439.61 10,413.84 25.77 0.00 0.00
Totals 626,376.60 581,420.00 44,956.60
CITY OF DELRA Y BEACH, FL
Lessee
By:
Name: Jeff Perlman
Title: Mayor
Date:
. After payment of Rental Payment due on snch date.
SI14l2004:FL-Bq-nel~.DOCIrev.O I 04811 15
EXHIBIT B-1
[Non-Escrow] Lease Number: 02649
Equipment Schedule: 01
TAX AC-;RRRMRNT ANn ARRlTRAr.R CRRTTFTrATR
This TAX AGREEMENT AND ARBITRAGE CERTIFICATE (this "Certificate") is issued by City of Delray Beach, FL ("Lessee")
in favor of SUNTRUST LEASING CORPORATION ("Lessor") in connection with that certain Master Lease Agreement dated as of
May 20, 2004 (the "Agreementlt), by and bet\:veen Lessor and Lessee. The terms capitalized herein but not defined herein shall have the
meanings assigned to them in the Agreement.
Sp.l"tinn 1 Tn ~p.np.ral.
1.1 This Certificate is executed for the purpose of establishing the reasonable expectations of Lessee as to future events regarding the
financing of certain equipment (the "Equipment") to be acquired by Lessor and leased to Lessee pursuant to and in accordance with the
Equipment Schedule referenced above (the "Equipment Schedule") executed under the Agreement (together with all related documents
executed pursuant thereto and contemporaneously herewith, the "Financing Documents"). As described in the Financing Documents,
Lessor shall apply Five Hundred Eighty One Thousand Four Hundred Twenty Dollars and 001100 ($581,420.00) (the "Principal
Amount") toward the acquisition of the Equipment and Lessee shall make Rental Payments under the terms and conditions as set forth in
the Financing Documents.
1.2. The individual executing this Certificate on behalf of Lessee is an officer of Lessee delegated with the responsibility of reviewing
and executing the Financing Documents, pursuant to the resolution or other official action of Lessee adopted with respect to the Financing
Documents, a copy of which has been delivered to Lessor.
1.3. The Financing Documents are being entered into for the purpose of providing funds for financing the cost of acquiring, equipping
and installing the Equipment which is essential to the governmental functions of Lessee, which Equipment is described in the Equipment
Schedule. The Principal Amount will be disbursed by Lessor on or promptly after the date of issuance of the Financing Documents to
acquire the Equipment.
1.4. Lessee will timely file for each payment schedule issued under the Lease a Form 8038-G (or, if the invoice price of the Equipment
under such schedule is less than $100.000, a Form 8038-GC) relating to such Lease with the Internal Revenue Service in accordance with
Section 149(e) of the Internal Revenue Code of 1986. as amended (the "Code'').
Spt'flnn 2 Nnn_Arhitr~gr Cprtifit'~tinns
2.1. The Rental Payments due under the Financing Documents will be made with monies retained in Lessee's general operating fund (or
an account or subaccount therein). No sinking, debt service, reserve or similar fund or account will be created or maintained for the
payment of the Rental Payments due under the Financing Documents or pledged as security therefor.
2.2. There have been and will be issued no obligations by or on behalf of Lessee that would be deemed to be (i) issued or sold within
fifteen (15) days before or after the date of issuance of the Financing Documents, (ii) issued or sold pursuant to a conunon plan of
financing with the Financing Documents and (iii) paid out of substantially the same source of funds as, or deemed to have substantially
the same claim to be paid out of substantially the same source of funds as, the Financing Documents.
2.3. Lessee does not and will not have on hand any funds that are or will be restricted, segregated, legally required or otherwise intended
to be used, directly or indirectly, as a substitute, replacement or separate source of financing for the Equipment.
2.4. No portion of the Principal Amount is being used by Lessee to acquire investments which produce a yield materially higher than the
yield realized by Lessor from Rental Payments received under the Financing Documents.
2.5. The Principal Amount does not exceed the amount necessary for the governmental purpose for which the Financing Documents were
entered into. Such funds are expected to be needed and fully expended for payment of the costs of acquiring. equipping and installing the
Equipment.
2.6. Lessee does not expect to convey, sublease or otherwise dispose of the Equipment, in whole or in part, at a date which is earlier than
the final Payment Date under the Financing Documents.
Spt'tinn 1 nishurspmpnt of Funcls. Rpimhurspmpnt tn , .Plilli:PP
3.1 It is contemplated that the entire Principal Amount will be used to pay the acquisition cost of Equipment to the vendors or
manufacrnrers thereof, provided that, if applicable, a portion of the principal amount may be paid to Lessee as reimbursement for
acquisition cost payments already made by it so long as the conditions set forth in Section 3.2 below are satisfied.
3.2. Lessee shall not request that it be reimbursed for Equipment acquisition cost payments already made by it unless each of the
following conditions have been satisfied:
(a) Lessee adopted a resolution or otherwise declared its official intent in accordance with Treasury Regulation 9 1.150-2 (the
"Declaration of Official Intent"), wherein Lessee expressed its intent to be reimbursed from the proceeds of a borrowing for all or a
5/14J2004:FL-Bq-nesc.DOClrev.OI04sll 16
portion of the cost of the Equipment, which expenditure was paid to the Vendor not earlier than sixty (60) days before Lessee adopted the
Declaration of Official Intent;
(b) The reimbursement being requested will be made by a written allocation before the later of eighteen (18) months after the
expenditure was paid or eighteen (18) months after the items of Equiprnent to which such payment relates were placed in service;
(c) The entire payment with respect to which reimbursement is being sought is a capital expenditure, being a cost of a type properly
chargeable to a capital account under general federal income tax principles; and
(d) Lessee will use any reimbursement payment for general operating expenses and not in a manner which could be construed as an
artifice or device under Treasury Regulation 9 1.148-10 to avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate
requirements.
~Pl"tion4 1J!\le llInd TnvP.!\ltment ofli'und!\l" Tpmpora-:y Period
4.1. Lessee has incurred or will incur, within six months from the date of issuance of the Financing Documents, binding obligations to
pay an amount equal to at least five percent (5%) of the Principal Amount toward the costs of the Equipment. An obligation is not
binding if it is subject to contingencies within Lessee's control. The ordering and acceptance of the items of Equipment will proceed with
due diligence to the date of final acceptance of the Equipment.
4.2. An amount equal to at least eighty-five percent (85%) of the Principal Amount will be expended to pay the cost of the Equipment by
the end of the three-year period commencing on the date of this Certificate. No portion of the Principal Amount will be used to acquire
investments that do not carry out the governmental purpose of the Financing Documents and that have a substantially guaranteed yield of
four (4) years or more.
4.3. (a) Lessee covenants and agrees that it will rebate an amount equal to excess earnings on the Principal Amount to the Internal
Revenue Service if required by, and in accordance with, Section 148(f) of the Code, and make the annual determinations and maintain the
records required by and otherwise comply with the regulations applicable thereto.
(b) Lessee reasonably expects to cause the Equipment to be acquired and placed in seIVice within one (I) month of the date of
issuance of the Financing Documents. If the entire Principal Amount has not been expended on the Equipment by the date that is the six-
month anniversary of the issuance of the Financing Documents, Lessee will provide evidence to Lessor that the rebate amount has been
calculated and paid to the Internal Revenue SeIVice in accordance with Section 148(f) of the Code.
(c) Lessee hereby covenants that (i) Lessee is a governmental unit with general tax powers; (ii) the Lease is not a "private activity bond"
under Section 141 of the Code; (iii) at least ninety-five percent (95%) of the Principal Amount is used for the governmental activities of
Lessee; and (iv) the aggregate principal amount of all tax-exempt obligations (including the Lease) issued by Lessee and its subordinate
entities, if any, during the current calendar year is not reasonably expected to exceed $5,000,000. Accordingly, the rebate requirements of
Section 148( f) of the Code are treated as being met, in lieu of the spending exceptions set forth in paragraph (b) above.
~p('tion 'i No PriVllItp TT!\lp.' No Commmpr T ollln.
5.1. Lessee will not exceed the private use restrictions set forth in Section 141 of the Code. Specifically, Lessee will not permit more
than ten (10%) of the Principal Amount to be used for a Private Business Use (as defined herein) if, in addition, the payment of more than
ten percent (10%) of the Principal Amount plus interest earned thereon is, directly or indirectly, secured by (i) any interest in property
used or to be used for a Private Business Use or (ii) any interest in payments in respect of such property or derived from any payment in
respect of property or borrowed money used or to be used for a Private Business Use.
In addition. if both (A) more than five percent (5%) of the Principal Amount is used as described above with respect to Private
Business Use and (B) more than five percent (5%) of the Principal Amount plus interest earned thereon is secured by Private Business
Use property or payments as described above, then the excess over such five percent (5%) (the "Excess Private Use Portion") will be used
for a Private Business Use related to the governmental use of the Equipment. Any such Excess Private Use Portion of the Principal
Amount will not exceed the portion of the Principal Amount used for the governmental use of the particular project to which such Excess
Private Use Portion is related. For purposes of this paragraph 5.1, "Private Business Use" means use of bond proceeds or bond financed-
property directly or indirectly in a trade or business carried on by a natural person or in any activity carried on by a person other than a
natural person, excluding, however. use by a state or local governmental unit and excluding use as a member of the general public.
5.2. No part of the Principal Amount or interest earned thereon will be used, directly or indirectly, to make or finance any loans to non-
governmental entities or to any governmental agencies other than Lessee.
~p('tinn6 No li'pdpral (inarlllntpp.,
6.1. Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed, in whole or in part,
by the United States or an agency or instrumentality thereof.
6.2. No portion of the Principal Amount or interest earned thereon shall be (i) used in making loans the payment of principal or interest of
which are to be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof, or (ii) invested, directly or
indirectly, in federally insured deposits or accounts if such investment would cause the financing under the Financing Documents to be
"federally guaranteed" within the meaning of Section 149(b) of the Code.
S/1412004:FL-Bq-nese.DOCJrev.0104stl 17
SP4'tinn7 Mi!il(':pll9.npnlu:.
7.1. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents in form and substance
satisfactory to comply with the registration requirements of Section 149(a) of the Code unless Lessor or its assignee agrees to act as
Lessee's agent for such purpose.
7.2. Lessee shall maintain complete and accurate records establishing the expenditure of the Principal Amount and interest earnings
thereon for a period of five years after payment in full under the Financing Documents.
7.3. To the best of the undersigned's knowledge, information and belief, the above expectations are reasonable and there are no other
facts, estimates or circumstances that would materially change the expectations expressed herein.
IN WITNESS WHEREOF, this Tax Agreement and Arbitrage Certificate has been executed on behalf of Lessee as of May 20,
2004.
CITY OF DELRA Y BEACH, FL
Lessee
By:
Name: !effPerlman
Title: Mayor
5/ 14!2004:Fl-Bq-nesc.DOC!n:v.OI 04stl 18
EXIDBIT C
[Non-Escrow] Lease Number: 02649
Equipment Schedule: 01
RFSOT ,TlTlON OF r.OVFRNTNr. Ronv
At a duly called meeting of the governing body of Lessee held in accordance with all applicable legal requirements, including open
meeting laws, on the 18 day of May 2004, the following resolution was introduced and adopted:
RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT,
EQUIPMENT SCHEDULE NO. 01 AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATIERS IN
CONNECTION THEREWITH.
WHEREAS, the governing body of City of Delray Beach, FL ("Lessee") desires to obtain certain equipment (the "Equipment")
described in Equipment Schedule No, 01 to the Master Lease Agreement (collectively, the "Lease") with SUNTRUST LEASING
CORPORATION, the form of which has been available for review by the governing body of Lessee prior to this meeting; and
WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and
WHEREAS, the funds made available under the Lease will be applied to the acquisition of the Equipment in accordance with such Lease;
and
WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the
acquisition of the Equipment; and
WHEREAS, Lessee proposes to enter into the Lease with SUNTRUST LEASING CORPORATION substantially in the form
presented to this meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS:
~Adj()n 1. It is hereby found and determined that the terms of the Lease in the form presented to this meeting and incorporated in this
resolution are in the best interests of Lessee for the acquisition of the Equipment.
~p.dion ? The Lease and the acquisition and financing of the Equipment under the terms and conditions as described in the Lease are
hereby approved. The Mayor of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be,
and each of them hereby is, authorized to execute, acknowledge and deliver the Lease with any changes, insertions and omissions therein
as may be approved by the officers who execute the Lease, such approval to be conclusively evidenced by such execution and delivery of
the Lease. The Mayor of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is,
authorized to affix the official seal of Lessee to the Lease and attest the same.
~f':r.ti()n 1. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers,
instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things
necessary or proper for carrying out this resolution and the Lease.
Section 4 Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the "Code"), Lessee hereby specifically
designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) ofthe Code,
S/14nOO4:FL-Bq-nesc.DOC/rev.Ol04sll 19
The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and
further certifies that the Lease executed on behalf of Lessee is the same as presented at such meeting of the governing body of Lessee,
excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same.
Date: May 18, 2004 CITY OF DELRA Y BEACH, FL
Lessee
By:
Name: Tp.ffPp.r1m:m
Title: M~yor
Attested By:
Name: R~rh~u~ G~nt()
Title: rity rlp.rk
S/1412004:FL-Bq-ncsc.DOClrev.OI04sI1 20
EXHIBIT D
Lease No.: 02649
Equipment Schedule: 01
INCTTMRF.NCV CF.RTTFWA TF.
I do hereby certifY that I am the duly elected or appointed and acting City Clerk of the CITY OF DELRA Y BEACH, FL, a
political subdivision duly organized and existing under the laws of the State of Florida, that I have custody of the records of such entity, and
that, as of the date hereof. the individuals named below are the duly elected or appointed officers of such entity holding the offices set forth
opposite their respective names.
I further certifY that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii)
such officers have the authority on behalf of such entity to enter into that certain Master Lease Agreement dated as of May 20. 2004
between such entity and SUNTRUST LEASING CORPORATION.
NAME IIJLE STGNATtfRF
T~ffpp.r1m:m M~ynr
John T p.vlm:nn rnmmi""innp.T
R nhP.rt P ro"tin rnrnmi"'''lonp.T
P~tril"':iH r Jmgl~y Arr:hp.T rnmmi......innp.T
A lhp.rt$'l PP.rty Mc:r:lrthy Vicp. M:lynr
IN WITNESS WHEREOF, I have duly executed this certificate as of this _ day of -
By:
Name: Barbara Garito
Title: City Clerk
S/14l2004:FL-Bq-ne.cJ)OCl....v.OI04stl 21
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE zoo NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243.7090' FACSIMILE 561/278.4755
May 20, 2004
OELRA Y BEACH
f l 0 . I D ...
ldlI.w.tI
AIoAmerica City
~nlE SunTrust Leasing Corporation
29 W. Susquehanna Avenue, Suite 400
Towson, Maryland 21204
Re: Master Lease Agreement dated as of May 20, 2004 (the "Agreement")
by and between SUNTRUST LEASING CORPORATION ("Lessor")
and the CITY OF DELRAY BEACH ("Lessee")
Ladies and Gentlemen:
We have acted as counsel to Lessee with respect to the Agreement described
above and various related matters, and in this capacity have reviewed a duplicate
original or certified copy thereof and Equipment Schedule No. 01 executed pursuant
thereto (together with the Agreement, the "Lease"). The terms capitalized in this
opinion but not defined herein shall have the meanings assigned to them in the
Lease. Based upon the examination of these and such other documents as we have
deemed relevant, it is our opinion that:
1. Lessee is a political subdivision of the State of FLORIDA (the "State")
within the meaning of Section 103(c) of the Intemal Revenue Code of 1986, as
amended, and is duly organized, existing and operating under the Constitution and
laws of the State.
2. Lessee is authorized and has the power under applicable law to enter
into the Lease, and to carry out its obligations thereunder and the transactions
contemplated thereby.
3. The Lease has been duly authorized, executed and delivered by and
on behalf of Lessee, and is a legal. valid and binding obligation of Lessee
enforceable in accordance with its terms, except as enforcement thereof may be
limited by bankruptcy, insolvency and other similar laws affecting the enforcement of
creditors' rights generally and by general equitable principles.
4. The authorization and execution of the Lease and all other proceedings
of Lessee relating to the transactions contemplated thereby have been performed in
accordance with all applicable open meeting, public records, public bidding and all
other laws, rules and regulations of the State.
----
SunTrust Leasing Corporation
May 20, 2004
Page 2
5. The execution of the Lease and the appropriation of moneys to pay the
Rental Payments coming due thereunder do not and will not result in the violation of
any constitutional, statutory or other limitation relating to the manner, form or amount
of indebtedness which may be incurred by Lessee.
6. There is no litigation, action, suit or proceeding pending or before any
court, administrative agency, arbitrator or governmental body that challenges the
organization or existence of Lessee, the authority of Lessee or its officers or its
employees to enter into the Lease, the proper authorization and/or execution of the
Lease or the documents contemplated thereby, the appropriation of moneys to make
Rental Payments under the Lease for the current Fiscal Year of Lessee, or the ability
of Lessee otherwise to perform its obligations under the Lease and the transactions
contemplated thereby. To the best of our knowledge, no such litigation, action, suit
or proceeding is threatened.
7. The Equipment is personal property, and when used by Lessee will not
be or become fixtures under the laws of the State.
8. Resolution No. 37-04 of the goveming body of Lessee was duly and
validly adopted by such governing body on May 18, 2004 and such resolution has
not been amended, modified, supplemented or repealed and remains in full force
and effect.
This opinion may be relied upon by the addressee hereof and its successors
and assignees of interests in the Lease, but only with regard to matters specifically
set forth herein.
Very truly yours,
Susan A. Ruby, Esq.
City Attomey
EXIllBIT G-l
Lease No.: 02649
Equipment Schedule: 01
DATE:
TO:
Insurance Agent Name & Address
Phone Number and Fax Number
Gentlemen:
City of Delray Beach, FL has entered into a Master Lease Agreement dated as of May 20, 2004 with SUNTRUST LEASING
CORPORATION. In accordance with the Agreement, Lessee certifies that it has instructed the insurance agent named above to issue:
a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate ofInsurance and Long Form Loss
Payahle Clause naming SUNTRUST LEASING CORPORATION andlor its assigns as Loss Payee.
The Coverage Required is $581,420.00.
b. Public Liability Insurance evidenced by a Certificate of Insurance naming SUNTRUST LEASING CORPORATION
and/or its assigns as Additional Insured.
The following minimum coverage is required:
Liability: $ 500,000.00 per person
Liability - Bodily Injury: $1,000,000.00 aggregate
Liability - Property Damage: $1,000,000.00 property damage liability
PROPERTY: 2 IBM SERVERS
LOCATION: 100 NW FIRST AVENUE
DELRA Y BEACH, FL 33444.2698
Upon issuance of the coverage outlined above, please mail a certificate of insurance to SUNTRUST LEASING
CORPORATION 29 West Susquebanna Ave. Suite 400, Towson ,MD 21204.
Y Qur courtesy in issuing and fOIWarding the requested certificate at your earliest convenience will be appreciated.
Very truly yours,
CITY OF DELRA Y BEACH, FL
By:
Name: lelTPerlman
Title: Mayor
Date:
Sfl4J2004:FL-Bq-nesc.DOCJrev.OI04stl 23
EXIllBIT G-2
Lease Number: 02649
Equipment Schedule: 01
QUESTIONNAIRE FOR SELF-INSURANCE TO
MASTER LEASE AGREEMENT
In connection with the Master Lease Agreement (the "Agreement"), dated as of May 20, 2004, made and entered into by and between
SUNTRUST LEASING CORPORATION, as Lessor (the "Lessor"), and the lessee identified below, as Lessee (the "Lessee"), Lessee
warrants and represents to Lessor the following information. The terms capitalized herein but not defmed herein shall have the meanings
assigned to them in the Agreement.
I. Property Insurance.
a. Lessee is self-insured fO~ or destruction to. the Equipment.
YES NO (circle one)
If yes, the dollar amount um or property damage to the Equipment under the Lessee's self-insurance program is $ 7 {j , O~o / occ.
b. The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for property damage
! to the Equipment as indi~ove.
YES NO (circle one)
If yes, the umbrella po~es coverage for all risk property damage.
YES NO (circle one)
If yes, the dollar limit for roperty damage to the Equipment under such umbrella policy is $ as required by lease.
? T inhiHfJ! Tnli:urnnrp.
a. Lessee is self-insured for liability for injury or death of any person or damage or loss of property arising out of or relating to
the condition or operati~ Equipment.
YES NO (circle one)
If yes, the dollar limit for sue. liability claims under the Lessee's self-insurance program is $ 500, oqO/ occ.
b. The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for liability
including injury or death ~~s or damage to property as indicated above.
YES NO (circle one)
If yes, the umbrella policy p ovides coverage for liabilities for injury and death to persons as well as damage or loss of
property 'arising out of or ~ the condition or operation of the Equipment.
YES NO (circle one)
If yes, the dollar amount of the umbrella policy's limits for such liability coverage is $1 M
l A SPV T,.,li:urnnrp Fund,
a. Lessee maintains a sel~ fund.
If yes, please complete th~ lowing: NO (circle one)
Monies in the self-insurance fund ~ect to arinuai appropriation.
YES NO (circle one)
The total amount maintained in the se f-insurance fund to cover Lessee's self-insurance liabilities is $ 1,754 MM
b. Amounts paid from the Lessee's self-ins~d are subject to limitations for each claim.
YES NO (circle one)
If yes, the dollar amount oflimit per claim is -.. . ,.-'
5fI4l2004:fL..Bq-neK,OOCJrcv.OI04at1 24
lR Nn SpfjTlJfiturnnrp Fund,
a. If Lessee does not maintain a self-inaurance fund, please complete the following:
Lessee obtains funds to pay claims for which it has self-insured from the following sources:
b. The limitations on the amounts payable for claims from the above sources are as follows:
4 Authnrit;y.
a. The following entity or officer has authority to authorize payment for claim: Finance Director
b, In the event the entity or officer named in the prior response denies payment of a claim, does the claimant have recourse to
another administrative officer, agency or the courts?
YES NO (circle one)
If yes, to whom does the claimant have recourse? City Manager
tj r;prtijirntp"f{ ofTm:urnnrp,
Attached hereto are copies of certificates of insurance with respect to policies maintained by Lessee.
IN WITNESS WHEREOF, Lessee has caused this Questionnaire to be executed as a supplement to the representations of Lessee in the
Agreement by its duly authorized officer.
CITY OF DELRAY BEACH, FL
Lessee
By:
Name: lelTPerIman
Title: Mayor
Date:
Telephone: 561/243-7120
Facsimile: 561/243-7166
Attachment
S/14I2004:FL-Sq-De$C.DOC/rev.O 104st1 25
SUNTRUST LEASING CORPORATION
ADDENDUM TO EQUTPMENT SCHEDULE NO. 01
TO MASTER LEASE AGREEMENT (LEASE NO. 02649)
RELATING TO SELF-INSURANCE
TmS ADDENDUM is made as of May 20, 2004, between SUNTRUST LEASING CORPORATION (the "Lessor") and City of
Delray Beach, FL (the "Lessee").
Recitals
A. Lessor and Lessee have entered into a Master Lease Agreement dated as of May 20, 2004 (the "Agreement").
B. Lessee desires to lease equipment described in Equipment Schedule No. 01 to the Agreement (the "Equipment") and Lessee has
requested that Lessor lease such Equipment to Lessee.
C. With respect to Equipment Schedule No. 01, Lessee has requested that Lessor permit it to provide self-insurance for liability claims and
property. damage.
D. Lessor is willing to grant Lessee's request subject to the following terms and conditions.
NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein and in the Agreement, it is
hereby agreed as follows:
I. The terms capitalized in this Addendum but not defmed herein shall have the meanings assigned to them in the Agreement.
2. Lessee hereby represents and warrants that all representations and warranties contained in the Agreement are true and correct as
of the date hereof and that neither a Non-Appropriation nor any Event of Default or event which, with the passage of time or giving of
notice or both, would constitute an Event of Default has occurred under the Agreement.
3. All other terms and conditions of the Agreement not specifically amended by this Addendum shall remain in full force and
affect and are hereby ratified and confinmed by Lessee.
4. Lessee represents and warrants that all representations and warranties contained in the Questionnaire for Self- Insurance to
Master Lease Agreement (the "Questionnaire") are true and correct as of the date hereof.
5. Lessor acknowledges receipt of the Questionnaire and, in reliance upon the information provided therein, agrees that Lessee
may satisfY the requirements of Sections 7.1 through 7.3 of the Agreement with respect to Equipment Schedule No. 01 through self-
inStmUlce.
6. By written notice to Lessee, Lessor may revoke its agreement relative to Equipment Schedule No. OJ to accept self-insurance in
lieu of the insurance required by Section 7.1 through 7.3 of the Agreement at any time during the related Lease Term when Lessor deems
itself insecure with respect to such self-insurance. Within thirty (30) days of receipt of notice from Lessor, Lessee agrees to obtain
insurance in compliance with Section 7.1, 7.2 and 7.3 of the Agreement and provide evidence thereofto Lessor.
IN WITNESS WHEREOF, the parties by their duly authorized officers have executed this Addendum as of the date and year first above
written.
CITY OF DELRA Y BEACH, FL SUNTRUST LEASING CORPORATION,
Lessee Lessor
By: By:
Name: lelTPerhnan Name: Michael 1. Powers
Title: Mayor Title: Secretary
Date: Date:
SlI4I2004;'FL-Bq-ncsc.00CI~.OI04stl 26
Form 8038-G Information Return for Tax-Exempt Governmental Obligations
(Rev. Novemb... 2000) ... Under Internal Revenue Code section 149(e) OMS No. 1545-0720
... See separate Instructions.
Oepartrnant of the TreaSUf)' Caution: If the issue price is under $100,000, use Form B038-GC.
Internal Revenue Service
Re ortin Authorit If Amended Return, check here ~ 0
1 Issuer's name 2 Issuer's employer identification number
City of Delray Beach, Fl 59 : 6000308
3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number
100 NW First Avenue 3 04-01
5 City, town, or post office, state. and ZIP code 6 Date of issue
Delray Beach, Fl33444-2698 05/20/04
7 Name of issue 8 CUSIP number
Master lease Agreement No. 02649 Schedule No. 01 NIA
9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number of officer or legal representative
( )
T e of Issue (check a Iicable box(es) and enter the issue rice) See instructions and attach schedule
11 o Education 11
12 o Health and hospital 12
13 o Transportation 13
14 o Public safety. 14
15 o Environment (including sewage bonds) 15
16 o Housing 16
17 o Utilities 17
18 121 Other. De;cribe'~ 'COMPUTER EQlIIP'MENT 18 581,420.00
19 If obligations are TANs or RANs, check box ~ 0 If obligations are BANs, check box ~O
20 If obli ations are in the form of a lease or installment sale, check box ~1lI
Descri tion of Obli ations. Com lete for the entire issue for which this form is bein
(b) Issue price (c) Stated redemption (d) Weighted (e) Yield
price at maturity average maturity
05/2012009 $ 581,420.00 $ 581,420.00 5 ears 2.97 %
Uses of Proceeds of Bond Issue ,ncludin underwriters' discount
22 Proceeds used for accrued interest .
23 Issue price of entire issue (enter amount from line 21, column (b)) 581,420.00
24 Proceeds used for bond issuance costs Oncluding underwriters' discount) 24
25 Proceeds used for credit enhancement . 25
26 Proceeds allocated to reasonably required reserve or replacement fund 26
27 Proceeds used to currently refund prior issues 27
28 Proceeds used to advance refund prior issues 28
29 Total (add lines 24 through 28) .
30 Nonrefundin roceeds of the issue (subtract line 29 from line 23 and enter amount here) . 581,420.00
Descri tion of Refunded Bonds (Com lete this art onl for refundin bonds.)
31 Enter the remaining weighted average maturity of the bonds to be currently refunded ~ years
32 Enter the remaining weighted average maturity of the bonds to be advance refunded ~ years
33 Enter the last date on which the refunded bonds will be called . .~
34 Enter the date(s) the refunded bonds were issued ~
Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5)
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions)
b Enter the final maturity date of the guaranteed investment contract .....
37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a
b If this issue is a loan made from the proceeds of another tax-exempt issue, check box..... 0 and enter the name of the
issuer ..... and the date of the issue ~
38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(llI) (small issuer exception), check box ~O
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ~O
40 If the issuer has identified a hed e, check box ~O
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge
and belief, they are true, correct, and complete.
Sign
Here ~ ~ Jeff Perlman, Mayor
Signature of issuer's authorized representative Date Type or print name and title
For Paperwork Reduction Act Notice, see page 2 of the Instructions. Cat. No. 63773S Form 8038.G (Rev. 11-2000)
*
AGENDA ITEM NUMBER: <K~
AGENDA REQUEST
Date: 5/11104
Request to be placed on:
X Consent Agenda Special Agenda Workshop Agenda
When: 5/11/04
Description of agenda item: Approve Resolution# 37-04 authorizing a master lease
agreement with SunTrust Leasing Corporation and
Lease purchase financing for IBM iSeries equipment and software totalling $581,420. The lease
will be at a rate of 2.97% for a 60 month period.
ORDINANCE/RESOLUTION REQUIRED: X YES NO
Draft of Resolution Attached: X YES NO
Recommendation: Recommend the approval of a lease agreement with Sun Trust Leasing.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available:@ Yes No
Funding alternatives (if applicable):
Account Number: n/a
Account Description:
Account Balance:
City Manager Review: t1f4
Approved for Agenda: B No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved: Disapproved:
MEMORANDUM
To: City Commission
From: David T. Harden, City Manager
Subject: Resolution # 38-04
Date: May 10, 2004
Resolution #38-04 authorizes the reimbursement of original expenditures with proceeds
of lease purchase financing of the IBM iSeries equipment and software totalling
$581,420.
Tax law requires a reimbursement resolution for expenses that will be reimbursed by
borrowed proceeds after 60 days or more. The closing on the lease purchase
agreement will be 69 days past the payment to Midrange Support and Services for the
equipment requiring the passing of the attached resolution.
I recommend approval of Resolution# 38-04.
8'~
.-
MEMORANDUM
To: David T. Harden, City Manager
From:~ Rebecca S. O'Connor, Treasurer
Thru: Joseph M. Safford, Director of Finance
Subject: Resolution # 38-04
Date: May 10, 2004
In connection with the SunTrust Master Lease Agreement, I recommend approval of the
attached Resolution# 38-04. Resolution #38-04 authorizes the reimbursement of
original expenditures with proceeds of lease purchase financing of the IBM iSeries
equipment and software totalling $581,420.
Tax law requires a reimbursement resolution for expenses that will be reimbursed by
borrowed proceeds after 60 days or more. The closing on the lease purchase
agreement will be 69 days past the payment to Midrange Support and Services for the
equipment requiring the passing of the resolution. The delay is primarily due to the fact
that the RFP had to be re-bid.
RESOLUTION NO. 38-04
At a duly called meeting of the governing body of Lessee held in accordance with all applicable legal requirements, including
open meeting laws. on the _18TH_ day of _May 18,2004_ the following resolution was introduced and adopted:
RESOLUTION AUTHORIZING THE REIMBURSEMENT OF ORIGINAL
EXPENDITURES WITH PROCEEDS OF FINANCING.
WHEREAS, a duly called meeting was called of the governing body of Lessee held in accordance with all applicable legal
requirements, including open meeting laws, on the _I8TH_ day of _May 18, 2004_:
WHEREAS, the governing body of the CITY OF DELRA Y BEACH ("Lessee") has approved the terms and conditions of a
Master Lease Agreement (the "Lease") with SunTrnst Leasing Corporation ("Lessor") pursuant to which Lessor will finance Lessee's
acquisition of certain equipment (the "Equipment") described in Equipment Schedule No. OJ to the Master Lease; and
WHEREAS, Lessee intends to apply certain proceeds of the Lease to the reimbursement of expenditures previously made by
Lessee from the General Construction Fund (the "Expenditures") in connection with the acquisition of the Equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS:
Section 1. It is hereby determined and approved that (i) the proceeds of the Lease shall be used for two IBM iSeries
Servers and Software (ii) the maximum principal amount of the obligations expected to be incurred in connection with such project is
$581,420 and (iii) certain proceeds of the Lease be paid to the Lessee as reimbursement for the Expenditures.
Section 2. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver
any and all papers, instruments, opinions. certificates, affidavits and other documents and to do or cause to be done any and all other acts
and things necessary or proper for carrying out this resolution.
The undersigned further certifies that the above resolution has not been repealed or amended amd remains in full force and effect.
Date: May 18, 2004 CITY OF DELRA Y BEACH
Lessee
By:
Name; leff Perlman
Title: Mayor
Attested By:
(Signature of Secretary, Board Chairman or
other member of the Governing Body)
Name: Barbara Garito
Title; Citv Clerk
RES. NO. 38.04
AGENDA ITEM NUMBER: <6~
AGENDA REQUEST
Date: 5/11/04
Request to be placed on:
~ Consent Agenda Special Agenda Workshop Agenda
When: 5/11/04
Description of agenda Item: Approve Resolution# 38-04 authorizing the reimbursement
of original expenditures with proceeds of lease purchase financing of IBM iSeries equipment and
software totalling $581 ,420.
ORDINANCE/RESOLUTION REQUIRED: X YES NO
Draft of Resolution Attached: X YES NO
Recommendation: Recommend the approval of Resolution# 38-04.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items Involving expenditure of funds):
Funding availablE) Yes No
Funding alternatives (if applicable):
Account Number: n/a
Account Description:
Account Balance:
City Manager Review: ~
Approved for Agenda: f} No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved: Disapproved:
P.O. #
~
. ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
DATE: May 11,2004
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING MAY 18, 2004
SPECIAL EVENT REQUEST - SUMMER NIGHTS ON THE
AVENUE 2004
ACTION:
City Commission is requested to endorse the Summer Nights on the Avenue 2004, to grant a
temporary use permit per LDR's Section 2.4.6 (H) for use of City property and right-of -way at
various locations, and to provide City staff support for barricade set up and removal, trash
removal and clean up, police security and traffic control, stage use, set up, and removal, and
banner and signage set up and removal.
BACKGROUND:
Attached is a permit requested and summary of the dates and locations for the Summer Nights on
the Avenue events. This is the eleventh year that these events are being proposed by the Joint
Venture. The purpose of these events is to bring activity to the A venue during the summer
months and to bring in additional customers for our businesses. Last year's overtime costs were
$5,102. The estimated overtime costs for the six dates proposed this year is $10,615. Last year
there were only five dates and the Bed Race was a separate event. Per the new event policies and
procedures the Joint Venture will be responsible for payment of 50% of costs over $5,000. Also
attached is a copy of the liability insurance, hold harmless agreement and budget.
RECOMMENDATIONS:
Staff recommends approval of the event, grating the temporary use permit, providing staff
support with payment to the City for overtime costs per the special event policy.
RAB/tas
Attachment
U:sweeney/events ~;T
Doc: Agenda Request Summer Nights 2004
City of De1ray Beach DElRAY BEACH
. . I L 0.' 0 A
. tdtd
. Special Event Permit
AII.AmericaCily
Application '~
4A v~
PLEASE PRINT C/{"S, .o~'" D
Event Approved/Denied Date of ApprovallDenial "I i..
il~'"
ApprovedlDenied by Title G~
1. Event NamelTitle: J'VIW/JIt'r-< IV/JIIT5 ON TilE AVI?I1I() e
.
2. Event Date(s): Event Time(s):
JLlLy /6 -:<"':5- 30 7:()()-/IYtJC! P,l1.
/lUGtl5;!' r;, -.;20 ,. " ,
'Se P~'II1,gE62.. ';i I. "
.5(0(" AifdtllfP ~P.t7Et1/iJV/Y
3. Event Sponsor/Producer: :Jt; la T YcrYrt.lRE"
4. Event Contact/Coordinator: /J14~;T@/E FetR<2ei<...
5. Address: (;'{ SF5/J1/t:. -j)cLM y SE/'lClr
6. Telephone Number: 6279-/3Ro)( If; Cellular Number: 2.7/ - 3/66
7. E-mail Address: /,;4R::T~,,?1 '" @llF"LtR.4 Y/3E AC/f. ('tJ/"J
8. Event Description: nil> /2Vbf/t" .$tfl/l/G5' mtfC/?AMJ ~ OF 'pE?P~F
T@ () (HZ f}1J1 tv A/TiP uJ/Y Ai< Eft f) V rR I rye file J(//I1/I'Jt~ I'1~M/1.f.
~E;Y/?;q/!F~s B t/f/#t:;JS F",z tlv ~ II1EtU!#/fAlr$ .
(If neighborhood block party, then please skip questions #10-35 and go to
question #36) City 0 Non-Profit/Charitable XPrivate 0
9. Sponsor Category: (please check)
Co- Sponsor - Non-Profit/Private 0
(If Non-profit attach proof of 501c(3) or (d))
10. Event Location/Address: t;~ IE A rr,.<Jt/fcL> tf'JO,l)c It' /)V /If
Site plan attached: yes no ~ 6-
(Site plan required for entire event site) ~ ~
12. Event budget attached: yes no ~t
(Required for all events)
13. Serving or selling alcoholic beverages: yes no X
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event) x:
14. Event certificate of insurance attached: yes no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors) X
15. Playing of amplified music: yes no
(Waiver required) y
16. Requesting Police assistance: yes no
(Traffic control/security)
@ ~E~Ue,<;r UJA-l ()c~ OF NOI5.E OR.D I N .JjJ~ E
1
'. .
.
17, \/ViII supplement with private security: yes no ~
(If yes, need plan attached) X
18. Requesting Emergency Medical assistance: yes no
19. Requesting barricade assistance : yes )(" no
20. Requesting trash removal/clean up assistance: yes ~ no
21. Requesting trash boxes and liners: yes X no
22. Requesting stage use: yes y no
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stage ~Half small
stage 0 PffYE hPPt.E rJt;<OIIE t:}HL'f
23. Requesting signage : yes no
Type: Event sign :k' Directional signs
Banner hanging Indicate dates required J (/J@PK oR/ ~f"L.
(Waiver required if more than one (1) week prior to event) /
24. Food and beverage vendors: yes no x:
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor
25. Health Department approval: yes no~
26. Other vendors: yes no . 8 fJ >-()P1;,
27. Tents: yes no
(If yes, tent permits and fire inspections maybe needed) X
28. Will the event include amusement rides? yes no
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider)
29. Will the event be gated? yes no Xi
(Show on-site map) ><
30. Will there be fireworks or other pyrotechnics? yes no
(If yes, contact Fire Marshall) no Y
31. Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall) X
32. Will you be providing port-a-Iets for the event? yes no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs) ~ ><:'"
33. Will there be a charge for the event? yes no
(If yes, indicate ticket prices) no y
34. Is reserved parking requested? yes
(If yes, indicate locations)
2
. ~
.
35. Nei hborhood Block Parties Nei hborhood block arties onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following:1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted A) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
Event Contractor/Coordinator ,,~ 01
Date
Please print: ('ItiR'd/)64"f: ,;: f:" (<{2. 6 fZ.-
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use On fM -
Date Received Application fee received .$
Site map iP }'O~~'~IA ~Q
Budget ~
Certificate of insurance v
V . ~
Hold Harmless agreement ~(f)'1
Security plan
Waiver alcoholic beverage 61 (i)
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
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Addendum to: Special Event Permit Application
Event DescriDtion: Six (6) Summer Nights of the Avenue. Time: from 7:00 to 10:00 p.m.
~ Event Location/Address StaGe
July 16 200-300-400 Block - Between 2nd Ave and 5th Ave No Stage
and Atlantic Avenue.
Theme: 60' -70"s
Street Closure between 2nd and 5th
July 23 Atlantic Plaza - Atlantic Avenue and Intracoastal No Stage
Theme: "Caribbean"
No Street Closure
July 30 Pineapple Grove - NE 2nd Ave (based on construction) Yz Stage
Theme: Bedrace
Street Closure to be Determined
August 6 Roots - Final Weekend Celebration No Stage
Old School Square
No Street Closure
August 20 Old School Square No Stage
Movie (Grease) - plus Boca Brass
No Street Closure
September 3 Tasteful Beach Party
Street Closure: Atlantic Ave from A1A to Gleason No Stage
Salina to Andrews open
ACORD_ CERTIFICA TE OF LIABILITY INSURANCE OP 10 S~ DATE (MMIDDIYYYY)
DOWNT 2 12/29/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
The Plastridge Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
820 N.E. 6th Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Drawer 730 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Delray Beach FL 33447-0730
Phone: 561-276-5221 Fax:561-276-5244 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Scottsdale Insurance COlIIpany
INSURER B:
Downtown Delray Beach Joint INSURER c:
Venture
64 S.E. 5th Avenue INSURER 0:
Delray Beach FL 33444
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY ReQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~TR ~SR TYPE OF INSURANCE POLICY NUMBER DATE MMfDDNY) r'"O'kTE-IMMJDDNY LIMITS
GENERAL LIABILITY EACH OCCURRENCE . 1000000
t--
A X X COMMERCIAL GENERAL LIABILITY CLS0737702 01/23/04 01/23/05 PREMISES Ea occureoce) .50000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) S axel
PERSONAl & ADV INJURY .1000000
t-- GENERAl AGGREGATE .1000000
GEN'L AGGREGATE liMIT APPLIES PER: PRODUCTS. COMP/OP AGG S exel
H ,n-;RO. n,
POLICY JEeT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- .
ANY AUTO (Eaaccidenl)
-
f- ALL OWNED AUTOS BODILY INJURY
.
SCHEDULED AUTOS {Per person)
-
- HIRED AUTOS BODILY INJURY
.
NON-OWNED AUTOS (Peraccidant)
c--
~ PROPERTY DAMAGE .
(Peracclclanl)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT .
R ANY AUTO OTHER THAN EA ACC .
AUTO ONLY: AGG .
3~SSJUMBRELLA LIABILITY EACH OCCURRENCE .
OCCUR 0 CLAIMS MADE AGGREGATE .
.
~ ~EDUCT'BLE .
RETENTION . .
WORKERS COMPENSATION AND ITo'lil~';'i,(s livE;;'
EMPLOYERS' LIABILITY
ANY PROPRIETORlPARTNERlEXECIJTIVE E.L. EACH ACCIDENT .
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
~~~~I:!1l1p~~vr~l'O~s below E.l. DISEASE - POLICY LIMIT $
OTHER .
DESCRIPTlON OF OPERATIONS I LOCATIONS I VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Special Events - 5 Art & Jazz on the Avenue/ 8 Summer
Nights on the Avenue / Balloon Glow. The City of Delray Beach is listed as
additional insured with respect to General Liability ONLY.
CERTIFICATE HOLDER CANCELLATION
CITYD-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlO
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
City of Delray Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
100 N.W. 1st Avenue REPRESENTATIVES.
De1ray Beach FL 33483 AUTHORIZED REPRESENTATIVE -~-
ACORD 25 (2001/08)
SPECIAL EVENT
HOLD HARMLESS AGREEMENT
The Downtown Delrav Beach Joint Venture in consideration of the payment of ten (10)
(Name of Entity)
dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless
and defend the City of Delray Beach, its agents and employees from all suits, actions
and claims including attomey's fees and costs attendant to any claim, litigation,
administrative proceeding, appeal and judgment of every name and description brought
against the City as a result of loss, damage or injury to person or property arising from
and in exchange for the Downtown Delrav Beach Joint Venture use of City facilities or
(Name of Entity)
property for the special event of . ART & JAzz. and hereby releases the City of Delray
Beach, its agents and employees from all suits, actions and claims including attorney's
fees and costs attendant to any claim, litigation, administrative proceedings, appeal and
judgment of every name and description brought against the City as a result of loss,
damage or injury to person or property arising from the special event of ART & JAzz.
(Name of Entity)
. This Indemnification and Hold Harmless and Defend Agreement is only to the extent
of insurance maintained by the Downtown Delray Beach Joint Venture as covered
under Scottsdale Insurance Company Policy number CLS0737702
ART & JAzz.
(Name of Special Event) ;6!.~:.;p.
..2th< /tltAAvu.
Witness .
.fHMA )(t-€1/7/Y1A/ Delray Beach Joint Venture
Print Name Michael Listick
~~~ Print Name
Witness
rERt;- (A fRAI/4-rf:J..l.-t:-,
~~JlVr name
City of Delray Beach
Memo
To: City commissi~
From: David Harden
CC:
Date: May 14, 2004
Re: lnterlocal Agreement w~h Highland Beach for Sewage Disposal
For several months we have been working with Highland Beach to revise our agreemenl with
them for sewage disposal. For the most part, the attached Amended and Reslated
Agreement does not make subslantive changes, but clarifies and amplifies points which have
caused confusion in past years. One substanlive change is that Ihe existing agreement
would expire in 2029, whereas the revised agreement will expire in 2034.
Both the current Contract and the Amended and Restated Agreement are attached so that
you can see the differences.
Recommendation: I recommend that the Commission approve the Amended and Restated
Interlocal Agreement for the Disposal of Pretreated Sanitary Sewage wilh Ihe Town of
Highland Beach.
1 ~K
-----...-.---- - -----"
"'....,......,,\\\
:---~ ~,~.~~";"ll Town of Highland Beach Mayor:
; ~.., '-~""'.'l'(I^"'::~~~,:. ~ .. Thomas J. Reid
i:lt' :"~'=='==:~;""~'~ Vice Mayor:
~;&;.:...i Joseph J. Asselta
~C). 'n~ Commissioners:
~""""'.-~-"..:'':':I 3614 SOUTH OCEAN BOULEVARD. HIGHLAND BEACH, FLORIDA 33487 Robert L. Lowe
~. . -
't .-. .... ~ Rachael Scala-Pistone
"I.,/iii1iiu."_~':- Miriam S. Zwick
561-278-4548 Town Manager:
\\,....,........................ Palm Beach County, Florida FAX 561-265.3582 Ben Saag
May 12, 2004 RECEIVED
" I 2004
CITY MANAGEfl!
Mr. David Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: Amended and Restated Interlocal Agreement
~o~ Disposal of Pretreated Sanitary Sewage
Dear ~en:
Enclosed is an executed copy of the above-referenced agreement, which was approved
by the Town Commission (Resolution No. 811) at the May 4 Regular Meeting. Please
return a fully executed copy for our records.
Thank you.
Sincerely,
fu
Town Manager
Enclosures: AgreemenUResolution
www.highlandbch.com
AMENDED AND RESTATED INTERLOCAL AGREEMENT
FOR THE DISPOSAL OF PRETREATED SANITARY SEWAGE
THIS AMENDED AND RESTATED INTERLOCAL AGREEMENT, made and
entered into this day of , 2004, by and through the CITY OF
DELRAY BEACH, Palm Beach County, Florida, a municipal corporation, organized and
existing under the laws of the State of Florida, hereinafter designated the "CITY", and
the TOWN OF HIGHLAND BEACH, a municipal corporation organized and existing
under the laws of the State of Florida, hereinafter designated the "CUSTOMER"; and
WHEREAS, the CITY owns and operates a Wastewater Transmission System
and maintains treatment capacity at the South Central Regional Wastewater Treatment
and Disposal Board's Plant; and
WHEREAS, the CUSTOMER owns and operates a sewage collection system
with a transmission system discharging wastes into the CITY's Wastewater
Transmission System; and
WHEREAS, the CITY and CUSTOMER on May 14, 1969 entered into a contract,
hereinafter referred to as Disposal Contract for the disposal of pretreated sanitary
sewage under which the CITY was to dispose of the sanitary sewage of the
CUSTOMER; and,
WHEREAS, the CITY and CUSTOMER, on October 21, 1969, entered into a
Supplemental Agreement No.1 to the Disposal Contract; and,
WHEREAS, the CITY and CUSTOMER, on June 2, 1981, amended the
agreement to alter the rate charged under the agreement; and,
WHEREAS, the CITY and CUSTOMER, on June 30, 1992, amended the
agreement to allow the CITY to charge for an additional twenty-five percent (25%)
surcharge above the CITY's expenditures to any user required to comply with the IPP
requirements; and,
WHEREAS, the Disposal Contract expired upon May 14, 1999; and,
WHEREAS, the Parties entered into a new contract for disposal on October 20,
1999; and,
WHEREAS, the CUSTOMER has requested the CITY continue to make available
capacity in the Wastewater Transmission System and for the disposal of sanitary
sewage from the CUSTOMER'S sewage collection and transmission system; and,
WHEREAS, the CITY is willing to maintain provision of the sewage disposal
service described herein, if all of the terms and conditions hereinafter shall be observed
and carried into effect.
THEREFORE, in consideration of the mutual promises herein contained and
other good and valuable considerations, the parties hereto do covenant and agree as
follows:
1.1 CUSTOMER's Service Area:
The service area from which the CITY agrees to accept sanitary sewage
for disposal into and through the CITY's Wastewater Transmission
System shall be limited to the present municipal boundaries of the
CUSTOMER as they exist at the date of execution of this agreement.
CUSTOMER agrees that it will not accept wastewater from outside its
Service Area for transmission to the CITY's facility unless CUSTOMER
receives prior approval from the CITY, with such approval being the
subject of a written supplemental agreement attached hereto and made a
part hereto.
1.2 CUSTOMER's System:
This term shall mean the entire wastewater system including gravity
sewers, manholes, laterals, lift stations, pumping stations, force mains,
and appurtenances upstream of the POINT OF CONNECTION to the
CITY system.
2
1.3 Point of Connection:
This term shall mean the POINT where the CUSTOMER's system
connects to the CITY system for the purpose of delivering wastewater into
the CITY system from the CUSTOMER's system; said POINT OF
CONNECTION is defined, described, and set forth as the existing master
wastewater meter located just north of the CUSTOMER's northern
municipal boundary.
1.4 The following are the CUSTOMER's estimated flows by year through
2009, as the Town expects to be at BUILDOUT at that time.
Transmission & Treatment
YEAR Annual Max Month Max Day Peak Hour
Avg. Avg. Daily Flow Flow Rate
Daily Flow Flow (MGD) (MGD)
(MGD) (MGD)
2003 0.71 1.00 1.42 2.14
2004 0.74 1.04 1.49 2.23
2005 0.77 1.08 1.55 2.32
2006 0.81 1.13 1.61 2.42
2007 0.84 1.17 1.67 2.51
2008 0.87 1.21 1.73 2.60
2009 0.89 1.26 1.80 2.70
Note: Years are based on fiscal years beginning October 1 through September 30.
Annual Average Daily Flow shall mean the average amount of wastewater transmitted
by CUSTOMER to CITY each day on an annual average in million gallons per day.
Max Month Average Daily Flow shall mean the average daily flow in million gallons per
day during the month of the highest wastewater flow and is 140% of the average daily
flow.
Max Daily Flow shall mean the maximum flow transmitted by CUSTOMER to CITY on
any day and is 200% of the average daily flow.
Peak Hour Flow Rate shall mean the maximum rate wastewater will be transmitted by
CUSTOMER to CITY in million gallons per day and is 300% of the average daily flow.
CUSTOMER agrees that it shall annually review its current needs for wastewater
transmission and wastewater treatment service and, with the advice and counsel of a
professional engineer, project its future needs to be the best of its knowledge and
ability, in the format above.
These projections shall serve as a reasonable estimate of the future needs of CITY for
the purpose of planning expansion, construction, modification, or alteration of said
3
facilities and shall be used by CITY in determining capacity requirements attributable to
CUSTOMER. CUSTOMER agrees to furnish these projections to CITY if they increase
in an amount that would affect the CITY or its facilities in a manner above the stated
values of the contract. These projections are necessary for planning purposes. CITY
agrees that it will use the projections in determining if and when improvements and
modifications to CITY facilities are required. In determining when to expand or modify its
facilities, CITY will inform the CUSTOMER as to its plans for future expansion of its
facilities to allow the CUSTOMER sufficient time to make any necessary modifications
to its own facilities.
2. Prohibited Discharges; Treatment; Maintenance; Inspection. The
CUSTOMER agrees that it shall not discharge or cause to be discharged into the
CITY's Wastewater Transmission System any wastes or materials which will be
detrimental to the proper operation and function of the Delray Beach system, and it is
hereby covenanted and agreed that no surface drainage water or ground water
infiltration shall be permitted to be discharged into the disposal system. It is hereby
further covenanted and agreed that the CUSTOMER shall at all times maintain and
operate its sewerage system in accordance with but not limited to the requirements of
the United States Environmental Protection Agency and the Florida State Department of
Environmental Protection. The sewage to be discharged into the CITY's system shall
meet the degree of treatment as provided at the present or in the future by the Florida
State Department of Environmental Protection. The cost of all maintenance of the
CUSTOMER's collection and transmission systems shall be paid by the CUSTOMER.
The CITY reserves the right to inspect the CUSTOMER's collection and transmission
system if it has found that a violation exists, to ascertain that it is being maintained in
accordance with the requirements of this paragraph. For purposes of making such
inspections, the CITY shall have the right to enter the service area or property of the
CUSTOMER as may be required or necessary under the circumstances, after having
called CUSTOMER personnel and given them an opportunity to accompany CITY
4
personnel in such inspection. The CITY and the CUSTOMER both agree to carry such
liability insurance as would protect the other when either enter onto the property of the
other for any purpose authorized in this Agreement.
3. Samplina. The quality limitations of Paragraph 2 shall apply to
concentrations or other physical or chemical characteristics obtained by analysis of a
composite sample of the waters or waste received by the CITY in any 24-hour period,
proportioned to flow. Periodic quality control tests shall be performed by the CITY. The
CUSTOMER shall have the right to perform such quality control tests as it desires at the
point of connection between its sewage collection and transmission system and the
CITY's Wastewater Transmission System.
4. Sewaae Meter. The existing master sewage meter located immediately
north of the northern terminus of the aforesaid CUSTOMER's transmission line, but in
the corporate limits of the CITY, shall continue to be read and maintained by the CITY.
In the event such meter shall for any reason fail to function, or be substantially
inaccurate, for any period of time, the flow for such period of time shall be estimated on
the basis of past records. The CUSTOMER shall have the right to have its personnel
accompany CITY personnel in meter reading and to make inspections and tests in
company with CITY personnel at reasonable intervals to verify the accuracy of the
meter.
5. Sewaae Meter Facilities. It is understood and agreed that suitable
facilities will be provided at the meter for the purpose of taking samples for making
laboratory tests. and analyses as regard the degree and quality of sewage introduced
into the CITY's system.
s
6. ReQuired Pressure. The CUSTOMER agrees to maintain, at the point of
connection between the CITY's Wastewater Transmission System and the
CUSTOMER's sewage collection and transmission system, a pressure in accordance
with sound engineering design requirements and such as will allow proper velocities
and operation in conjunction with the operation of the CITY's Wastewater Transmission
System.
7. Disposal Rate. The CUSTOMER agrees to pay the CITY for disposal of
its sewage through the CITY's Wastewater Transmission System as per the current rate
as listed in Section 53.130(F)(6) of the Code of Ordinances of the CITY of Delray
Beach, as may be amended from time to time. It is agreed that when cost to the CITY
of providing sewage disposal service to the CUSTOMER either increases or decreases,
such increase or decrease shall be passed on to the CUSTOMER as an increase or
decrease in the rate charged to CUSTOMER, as the circumstances dictate. The CITY
shall give the CUSTOMER thirty (30) days advance notice before any such change in
the rate shall go into effect.
8. Meter ReadinQs. The meter readings shall be taken by the CITY on or
before the 30th day of each month. Billing shall be issued monthly by the CITY and the
billings shall become due and payable within fifteen days from the date of billing.
9. IPP ReQuirements. The CUSTOMER authorizes the CITY to be its
authorized IPP coordinator. The CITY has full rights and authority to issue permits
associated with the IPP and to enforce violations within the CUSTOMER's city limits in
accordance with CITY's IPP ordinance, as may be amended from time to time. Due to
the increased cost of regulating outside of the CITY's limits, CUSTOMER agrees to
allow the CITY to charge an additional twenty-five percent (25%) surcharge above the
6
CITY's expenditures to any user required to comply with the IPP requirements.
CUSTOMER agrees to cooperate and assist the CITY in enforcing any violations within
CUSTOMER's city limits.
10. Enforcement of Repair and Maintenance Ordinance. The CUSTOMER
agrees to enforce an ordinance outlawing the repair and maintenance of septic tanks
within its corporate limits and within the feasible collection area, and further to enforce
legislation requiring the hook-up to its sanitary system within ninety (90) days from said
date that service from its system is available.
11. Correction of Violation. The CUSTOMER shall have fifteen (15) days,
or such greater time as may be required, if CITY approves in writing, to correct any
violation of the provisions of this contract brought to CUSTOMER's attention by a
written notification from the CITY sent by registered or certified mail to the CUSTOMER.
If such violation continues after the expiration of the 15-day grace period, liquidated
damages in the amount of one hundred dollars ($100) per day may be assessed by the
CITY against the CUSTOMER for each day said violation is known to continue. The
CUSTOMER shall not be liable or pay any damages to the CITY under this clause for a
violation not under their control caused by an Act of God, fire strike, casualty, necessary
maintenance work, breakdown of or injuries to machinery, pumps or pipe lines, civil or
military authority, insurrection or riot.
12. Indemnification. The CUSTOMER agrees to indemnify, defend and hold
harmless the CITY for any litigation, damages, or both, including attorneys' fees and
court costs, resulting from the effects of CUSTOMER's improper introduction into the
CITY's Wastewater Transmission System of any solid, liquid, gas or other effluent,
7
which may cause damage, either within or without the Wastewater Transmission
System, including but not limited to fish kills, undesirable floating matter and explosions.
13. Unavoidable Temporary Cessation of Disposal. Any temporary
cessation of disposal of sewage caused by an Act of God, fire, strike, casualty,
necessary maintenance work, breakdown of or injuries to machinery, pumps or pipe
lines, civil or military authority, insurrection, or riot shall not constitute a breach of this
Agreement on the part of the CITY, and the CITY shall not be liable to the CUSTOMER
or its inhabitants for any damage resulting from such cessation of disposal. In case of a
partial cessation of service, the CUSTOMER shall be treated like all other sewage
facilities using the Wastewater Transmission System.
14. Term of Aareement. This Contract shall be and remain in full force and
effect for and during a period of thirty (30) years from and after the 1 st day of October,
1999, provided, however, that this Contract may be terminated or modified at any time
by written mutual consent and agreement of the parties hereto. The Contract shall inure
to and be binding and in full force and effect upon all successors of each of the parties
hereto, and shall not be assigned by either party without the written consent of both
parties.
15. Ordinance or Resolution Reauired. This Contract shall be subject to
the condition that before it shall be binding on any of the parties hereto, the CITY and
the CUSTOMER shall pass an ordinance or resolution expressly authorizing the
execution of this Contract.
16. Rights and Remedies. In the event either of the parties shall fail to
perform any of the covenants hereunder, the other party shall have, in addition to and
without prejudice to any other rights or remedies it may have, the immediate right to
8
mandatory injunction or such other judicial process or order as shall be necessary and
proper for enforcing the performance thereof.
17. Invalid Provision: Impossibilitv or Impracticabilitv. In the event a
court of competent jurisdiction declares a section or provision of this Contract invalid for
any reason, such invalidity shall not affect the remaining sections or provisions of this
Agreement which shall continue in full force and effect, if the remaining portions
constitute an enforceable agreement. In the event such a judicial declaration results in
frustration of the purpose of this Contract or makes the performance of this Contract
impossible, such adjustments as may be equitable shall be made.
18. Third Parties Unaffected. Nothing in this Agreement, whether express or
implied, is intended to confer any rights or remedies under or by reason of this
Agreement upon any person other than the parties hereto and their respective heirs,
successors, legal representatives, and permitted assigns, nor is anything in this
Agreement intended to relieve or discharge the obligation or liability of any third persons
to any party to this Agreement, nor shall any provision thereof give any third person any
right of subrogation or action over or against any party to this Agreement.
19. This Agreement shall be filed in the Public Records of Palm Beach County
pursuant to Chapter 163 of the Florida Statutes.
IN WITNESS WHEREOF, the CITY OF DELRAY BEACH, acting by and through
its City Commission as the governing body, has caused this Agreement to be executed
in its name and on its behalf by the Mayor of said Commission, its official seal to be
hereunto affixed, attested by the Clerk of said City, and the TOWN OF HIGHLAND
BEACH, acting by and through its official governmental body, has caused this
Agreement to be executed in its behalf by its legal and official representative, its official
9
RESOLUTION NO. 811
A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN
OF HIGHLAND BEACH, FLORIDA, TO AMEND A SANITARY
SEWAGE AGREEMENT WITH THE CI7Y OF DELARY BEACH,
FLORIDA ORIGINALLY ENTERED INTO ON OCTOBER 5, 1999
(RESOLUTION NUMBER 747).
WHEREAS, The Town Commission of the Town of Highland Beach entered into
a sanitary sewage agreement with the City of Del ray Beach on October 5, 1999; and
WHEREAS, The Town has requested that certain sections of the Agreement be
revised to be more consistent with current day projections and Code citations; and
WHEREAS, Representatives of Del ray Beach and Highland Beach have met and
discussed these proposed modifications; and
WHEREAS, The Town Commission of the Town of Highland Beach finds it in
the best interest of its residents to enter into an Agreement for the treatment of sanitary
sewage; and
WHEREAS, after review and deliberation, the Town Commission of the Town of
Highland Beach finds it in the best interest of the Town to enter into said agreement, a
copy of which is attached hereto and incorporated by reference herein;
NOW, THEREFORE BE IT RESOL VED, that the Mayor be and is hereby
authorized to enter into a revised Sanitary Sewage Agreement between the Town of
Highland Beach, Florida and the City of Del ray Beach, Florida.
Passed this 4th day of May, 2004 by the Town Commission of the Town of
Highland Beach, Florida. ~t 7~'
'"""; ,or ,"')1t.U.L..... L-Z-cf!..
Thomas J. Reid, Mayor
Attest:
seal to be hereunto affixed, attested by the Clerk of said City, the day and year first
above written.
CITY OF DELRAY BEACH, FLORIDA
ATTEST: Palm Beach County, Florida
By:
City Clerk Jeff Perlman, Mayor
(SEAL)
Approved as to Form:
City Attorney
TOWN OF HIGHLAND BEACH
Palm Beach County, ori a
By: ~ 11-~ BY~ .
own Clerk Mayor
10
~
RESOLUTION NO. 41-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, TO AMEND A
SANITARY SEWAGE AGREEMENT WITH THE TOWN OF
HIGHLAND BEACH, FLORIDA ORIGINALLY ENTERED
INTO ON OCTOBER 5,1999.
WHEREAS, the Town Commission of the Town of Highland Beach entered into a sanitary
sewage agreement with the City of Delray Beach on October 5, 1999; and
WHEREAS, the Town has requested that certain sections of the Agreement be revised to be
more consistent with current day projections and Code citations; and,
WHEREAS, Representatives of Delray Beach and Highland Beach have met and discussed
these proposed modifications; and,
WHEREAS, the Town Commission of the Town of Highland Beach has found, and the
City Commission of the City of Delray Beach also finds it in the best interest of its residents to enter
into an Agreement for the treatment of sanitary sewage; and,
WHEREAS, the Agreement, pursuant to Paragraph 15, must be passed by resolution or
ordinance expressly authorizing the execution of the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor be and is hereby authorized to enter into a revised Sanitary
Sewage Agreement between the Town of Highland Beach, Florida and the City of Delray Beach,
Florida
PASSED this _ day of . 2004 by the City of Delray Beach, Florida.
MAYOR
ATfEST:
City Clerk
, ,
CONTRACT FOR THE DISPOSAL OF
PRETREATED SANITARY SEWAGE
THIS AGREEMENT, made and entered into thisOlO'! day of ~ ,1999,
by and through the CITY OF DELRAY BEACH, Palm Beach County, Florida, a municipal
corporation, organized and existing under the laws of the State of Florida, hereinafter designated
the "CITY", and the TOWN OF mGHLAND BEACH, a municipal corporation organized and
existing under the laws of the State of Florida, hereinafter designated the "CUSTOMER"; and
WHEREAS, the CITY owns and operates a Wastewater Transmission System and
maintains treatment capacity at the South Central Regional Wastewater Treatment and Disposal
Board's Plant; and
WHEREAS, the CUSTOMER owns and operates a sewage collection system with a
transmission system discharging wastes into the CITY's Wastewater Transmission System; and
WHEREAS, the CITY and CUSTOMER on May 14, 1969 entered into a contract;
hereinafter referred to as Disposal Contract for the disposal of pretreated sanitary sewage
under which the CITY was to dispose of the sanitary sewage of the CUSTOMER; and
WHEREAS, the CITY and CUSTOMER, on October 21, 1969, entered into a
supplemental agreement number 1 to the Disposal Contract; and
WHEREAS, the CITY and CUSTOMER, on June 2, 1981, amended the agreement to
alter the rate charged under the agreement; and
WHEREAS, the CITY and CUSTOMER, on June 30, 1992, amended the agreement to
allow the CITY to charge for an additional twenty-five percent (25%) surcharge above the
CITY's expenditures to any user required to comply with the IPP requirements; and
WHEREAS, the Disposal Contract expired upon May 14, 1999; and
,
WHEREAS, the CUSTOMER has requested the CITY continue to make available
capacity in the Wastewater Transmission System and for the disposal of sanitary sewage from
the CUSTOMER's sewage collection and transmission system; and
WHEREAS, the CITY is willing to maintain provision of the sewage disposal service
described herein, if all of the terms and conditions hereinafter shall be observed and carried into
effect.
THEREFORE, in consideration of the mutual promises herein contained and other good
and valuable considerations, the parties hereto do covenant and agree as follows:
I. Disposal Service. The disposal service made available by the CITY to the
CUSTOMER shall be for the gallonage capacity and service area described as follows:
GALLONAGE CAPACITY: The gallonage capacity which the
CITY shall make available to the CUSTOMER for disposal of
sanitary sewage into and through the CITY's Wastewater
Transmission System shall be up to and including a maximum
peak load of 80 million gallons per month.
SERVICE AREA: The service area from which the CITY agrees
to accept pretreated sanitary sewage for disposal into and through
the CITY's Wastewater Transmission System shall be limited to
the present municipal boundaries of the CUSTOMER as they exist
at the date of execution of this Agreement.
In the event the CUSTOMER desires to service areas or increase the gallonage capacity in
addition to that above described, and desires to dispose of sanitary sewage froln such areas or
increase in gallonage capacity delivered to the Wastewater Transmission System, request for
such additional service area or gallonage capacity shall be made in writing to the CITY and shall
include the estimated peak flow. With respect to any such proposed increase in service area, or
any service area other than that above described, the CITY reserves the right to approve or
disapprove any such increase or expansion and further reserves the right to make a separate
contract for such increased or expanded service area.
2
2. Prohbited Discha~es; Treatment; Maintenance; Inspection. The
CUSTOMER agrees that it shall not discharge or cause to be discharged into the CITY's
Wastewater Transmission System any wastes or materials which will be detrimental to the
proper operation and function of the Delray Beach system, and it is hereby covenanted and
agreed that no surface drainage water or ground water infiltration shall be permitted to be
discharged into the disposal system. It is hereby further covenanted and agreed that the
CUSTOMER shall at all times maintain and operate its sewerage system in accordance with but
not limited to the requirements of the United States Environmental Protection Agency and the
Florida State Department of Environmental Protection. The sewage to be discharged into the
CITY's system shall meet the degree of treatment as provided at the present or in the future by
the Florida State Department of Environmental Protection. The cost of all maintenance of the
CUSTOMER's collection and transmission systems shall be paid by the CUSTOMER. The
CITY reserves the right to inspect the CUSTOMER's collection and transmission system if it has
found that a violation exists, to ascertain that it is being maintained in accordance with the
requirements of this paragraph. For purposes of making such inspections, the CITY shall have
the right to enter the service area or property of the CUSTOMER as may be required or
necessary under the circumstances, after having called CUSTOMER personnel and given them
an opportunity to accompany CITY personnel in such inspection. The CITY and the
CUSTOMER both agree to carry such liability insurance as would protect the other when either
enter onto the property of the other for any purpose authorized in this Agreement.
3. SamplinK. The quality limitations of Paragraph 2 shall apply to concentrations or
other physical or chemical characteristics obtained by analysis of a composite sample of the
waters or waste received by the CITY in any 24-hour period, proportioned to flow. Periodic
quality control tests shall be performed by the CITY. The CUSTOMER shall have the right to
3
perform such quality control tests as it desires at the point of connection between its sewage
collection and transmission system and the CITY's Wastewater Transmission System.
4. Sewa2e Meter. The existing master sewage meter located immediately north of
the northern terminus of the aforesaid CUSTOMER's transmission line, but in the corporate
limits of the CITY, shall continue to be read and maintained by the CITY. In the event such
meter shall for any reason fail to function, or be substantially inaccurate, for any period of time,
the flow for such period of time shall be estimated on the basis of past records. The
CUSTOMER shall have the right to have its personnel accompany CITY personnel in meter
reading and to make inspections and tests in company with CITY personnel at reasonable
intervals to verify the accuracy of the meter.
5. Sewa2e Meter Facilities. It is understood and agreed that suitable facilities will
be provided at the meter for the purpose of taking samples for making laboratory tests and
analyses as regard the degree and quality of sewage introduced into the CITY's system.
6. Required Pressure. The CUSTOMER agrees to maintain, at the point of
connection between the CITY's Wastewater Transmission System and the CUSTOMER's
sewage collection and transmission system, a pressure in accordance with sound engineering
design requirements and such as will allow proper velocities and operation in conjunction with
the operation of the CITY's Wastewater Transmission System.
7. Disposal Rate. The CUSTOMER agrees to pay the CITY for disposal of its
sewage through the CITY's Wastewater Transmission System as per the current rate as listed in
Section 53.130(G)(2) of the Code of Ordinances of the City of Delray Beach, as may be
amended from time to time. It is agreed that when cost to the CITY of providing sewage
disposal service to the CUSTOMER either increases or decreases, such increase or decrease shall
be passed on to the CUSTOMER as an increase or decrease in the rate charged to CUSTOMER,
4
as the circumstances dictate. The CITY shall give the CUSTOMER thirty (30) days advance
notice before any such change in the rate shall go into effect.
8. Meter Readinjts. The meter readings shall be taken by the CITY on or before the
30111 day of each month. Billing shall be issued monthly by the CITY and the billings shall
become due and payable within fifteen days from the date of billing.
9. IPP Requirements. The CUSTOMER authorizes the CITY to be its authorized
IPP coordinator. The CITY has full rights and authority to issue permits associated with the IPP
and to enforce violations within the CUSTOMER's city limits in accordance with CITY's IPP
ordinance, as may be amended from time to time. Due to the increased cost of regulating outside
of the CITY's limits, CUSTOMER agrees to allow the CITY to charge an additional twenty-five
percent (25%) surcharge above the CITY's expenditures to any user required to comply with the
IPP requirements. CUSTOMER agrees to cooperate and assist the CITY in enforcing any
violations within CUSTOMER's city limits.
10. Enforcement of Repair and Maintenance Ordinance. The CUSTOMER
agrees to enforce an ordinance outlawing the repair and maintenance of septic tanks within its
corporate limits and within the feasible collection area, and further to enforce legislation
requiring the hook-up to its sanitary system within ninety (90) days from said date that service
from its system is available.
11. Correction of Violation. The CUSTOMER shall have fifteen (15) days, or such
greater time as may be required, if CITY approves in writing, to correct any violation of the
provisions of this contract brought to CUSTOMER's attention by a written notification from the
CITY sent by registered or certified mail to the CUSTOMER. If such violation continues after
the expiration of the IS-day grace period, liquidated damages in the amount of one hundred
dollars ($100) per day may be assessed by the CITY against the CUSTOMER for each day said
5
violation is known to continue. The CUSTOMER shall not be liable or pay any damages to the
CITY under this clause for a violation not under their control caused by an Act of God, fire
strike, casualty, necessary maintenance work, breakdown of or injuries to machinery, pumps or
pipe lines, civil or military authority, insurrection or riot.
12. Indemnification. The CUSTOMER agrees to indemnify, defend and hold
harmless the CITY for any litigation, damages, or both, including attorneys' fees and court costs,
resulting from the effects of CUSTOMER's improper introduction into the CITY's Wastewater
Transmission System of any solid, liquid, gas or other effluent, which may cause damage, either
within or without the Wastewater Transmission System, including but not limited to fish kills,
undesirable floating matter and explosions.
13. Unavoidable Temporary Cessation of Disposal. Any temporary cessation of
disposal of sewage caused by an Act of God, fire, strike, casualty, necessary maintenance work,
breakdown of or injuries to machinery, pumps or pipe lines, civil or military authority,
insurrection, or riot shall not constitute a breach of this Agreement on the part of the CITY, and
,
the CITY shall not be liable to the CUSTOMER or its inhabitants for any damage resulting from
such cessation of disposal. In case of a partial cessation of service, the CUSTOMER shall be
treated like all other sewage facilities using the Wastewater Transmission System.
14. Term of A2reement. This Contract shall be and remain in full force and effect
for and during a period of thirty (30) years from and after the /4 day of ~ ,
1999, provided, however, that this Contract may be terminated or modified at any time by
written mutual consent and agreement of the parties hereto. The Contract shall inure to and be
binding and in full force and effect upon all successors of each of the parties hereto, and shall not
be assigned by either party without the written consent of both parties.
6
15. Ordinance or Resolution Required. This Contract shall be subject to the
condition that before it shall be binding on any of the parties hereto, the CITY and the
CUSTOMER shall pass an ordinance or resolution expressly authorizing the execution of this
Contract.
16. Rif(hts and Remedies. In the event either of the parties shall fail to perform any
of the covenants hereunder, the other party shall have, in addition to and without prejudice to any
other rights or remedies it may have, the immediate right to mandatory injunction or such other
judicial process or order as shall be necessary and proper for enforcing the performance thereof.
17. Invalid Provision; Impossibility or Impracticability. In the event a court of
competent jurisdiction declares a section or provision of this Contract invalid for any reason,
such invalidity shall not affect the remaining sections or provisions of this Agreement which
shall continue in full force and effect, if the remaining portions constitute an enforceable
agreement. In the event such a judicial declaration results in frustration of the purpose of this
Contract or makes the performance of this Contract impossible, such adjustments as may be
equitable shall be made.
18. Third Parties Unaffected. Nothing in this Agreement, whether express or
implied, is intended to confer any rights or remedies under or by reason of this Agreement upon
any person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor shall
any provision thereof give any third person any right of subrogation or action over or against any
party to this Agreement.
IN WITNESS WHEREOF, the CITY OF DELRAY BEACH, acting by and through its
City Commission as the governing body, has caused this Agreement to be executed in its name
7
and on its behalf by the Mayor of said Commission, its official seal to be hereunto affixed,
attested by the Clerk of said City, and the TOWN OF illGHLAND BEACH, acting by and
through its official governmental body, has caused this Agreement to be executed in its behalf by
its legal and official representative, its official seal to be hereunto affixed, attested by the Clerk
of said City,
the day and year first above written.
CITY OF DELRA Y BEACH, FLORIDA
ATTEST: Palm Beach Co ty, F ori
~ By:
~ City Clerk
(SEAL)
ved as to Form:
TOWN OF illGHLAND BEACH
P40unty'F~~ .
By: (/n"7 D.-~ _ ~~
Thomas Reid, Mayor
(SEAL)
8
..:~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERP/V!
SUBJECT: AGENDA ITEM # <is L - REGULAR MEETING MAY 18. 2004
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MAY 14,2004
Attached is the Report of Appealable Land Use Items for the period May 3, 2004 through May 14,
2004. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
&\City CIe,k\agenda memos\apagmem.05.18.04
1~~!!!!!im!i!!!!~!!!IIi!W'h'!'~!'i"!i!:!i'!l'mnlll'Ili~II~mll!11~_~!!~!m~mlllm!!IIIIIIII~I~.I!!~IIl!!1I1l
TO: D~ T. HARDEN, CITY MANAGER
~~'
THRU: P UL DORLlNG, DI E TOR OF PLANNING AND ZONING
. ~
FROM: ~ASMIN ALLEN, PLANNER
SUBJECT: MEETING OF MAY 18, 2004 "CONSENT AGENDA"
REPORT OF APPEALABLE LAND USE ITEMS MAY 3, 2004 THRU MAY 14, 2004
The action requested of the City Commission is that of review of appealable actions which were
made by various Boards during the period of May 3,2004 through May 14, 2004.
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In
summary, it provides that the City Commission hears appeals of actions taken by an approving
Board. It also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the Commission as
an appealed item.
A. Approved with conditions (5 to 0, Nancy Stewart and Deborah Dowd absent), a freestanding
plaza identification sign for Lavers International Plaza (aka Linton International Plaza), located
at the southeast corner of Linton Boulevard and SE 10th Avenue (660-950 Linton Boulevard).
B. Approved (5 to 0), a request for a color change for First Encounter Condo, an existing multi-
family development, located at the northeast corner of West Atlantic Avenue and High Point
Boulevard (2755 West Atlantic Avenue).
C. Approved (5 to 0), a request for a color change for The Wedge Wood, an existing multi-family
development, located on the east side of Palm Trail between NE 7th Street and George Bush
Boulevard.
D. Approved with conditions (5 to 0), a Class I site plan modification associated with fa9<lde
changes to a proposed 4-unit residential structure for the Residence for Retired Priests,
located east of Military Trail, south of Sherwood Boulevard and to the rear (east) of the
Emmanuel Catholic Church.
E. Approved (5 to 0), a request for a color change for South Ocean Condominium, an existing
multi-family development located on the east side of State Road A-1-A, south of Linton
Boulevard (1839 South Ocean Boulevard).
City Commission Documentation
Appealable Items Meeting of May 18, 2004
Page 2
F. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural
elevation plan associated with the construction of a 4,000 sq. ft. bank with drive-through
facilities for Southtrust Bank, located on the north side of SE 6th Street between SE 5th Avenue
(southbound Federal Highway) and NE 6th Avenue (northbound Federal Highway).
G. Approved with conditions (5 to 0), a Class V site plan and landscape plan for the Terraces at
Delray Beach, a proposed 8-unit townhouse development located at the northwest corner of SE
7th Avenue and SE 1st Street. The Board tabled the architectural elevation plan and required that
the overall building height be reduced to 35 feet, that the architectural appurtenances be
modified to comply with the maximum height requirements and that the stair towers be reduced
to have a ceiling height of 7 feet. Concurrently, the Board approved a waiver to reduce the
required sight visibility triangle at the intersection of SE 1 st Street and SE 7th Avenue from 40' to
25'.
H. Approved with conditions (5 to 0), a Class V site plan and architectural elevation plan for
Atlantic Palms, a proposed 45-unit townhouse development, located on the south side of West
Atlantic Avenue, approximately 140 feet east of Whatley Road. The Board tabled the landscape
plan so that the applicant could address the outstanding technical comments. Concurrently, the
Board approved the following internal adjustment:
. Reduced the required 30' third-floor front building setback from the interior street system to
25' and reduced the required 25' first/second floor side street building setback to 16' for the
northernmost unit in Building #1 and eight feet (8') for the easternmost unit in Building #6.
Also, the Board recommended that the City Commission approve the following waivers:
. Reduce the minimum pavement width of the interior roadway from 24' to 20',
. Eliminate the required two foot (2') wide landscape area between the sidewalk and the curb
section.
. Reduce the separation requirement between driveways and intersections from 25' to 22' at
the east side of the roundabout, 16' at the north side of the roundabout, and 13' for the
northernmost unit in Building #5.
No Regular meeting of the Planning and Zoning Board was held during this period.
_.I~m~mlllmll~l_
No Regular meeting of the Historic Preservation Board was held during this period.
"mlu~ull_IOOBI~ullu_
By motion, receive and file this report.
Attachment: Location Map.
----------------------------
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting - GULFSTREAI.IBLVD.
MA Y 18, 2004 ,
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A. LA VERS INTERNA TlONAL PLAZA (Linton International Plaza) -----CITYLlMITS -----
B. FIRST ENCOUNTER CONDO
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D. RESIDENCE FOR RETIRED PRIESTS
E SOUTH OCEAN CONDOMINIUM GRAPHIC SCALE
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G. THE TERRACES AT DELRA Y BEACH CITY OF DELRAY BEACH, FL
PLANNING 4. ZONING DEPARTMENT
H A TLANTlC PALMS MARCH 2004
..DIGITAL8ASEMAPSYSTEM..
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGER~
SUBJECT: AGENDA ITEM # go~ _ REGULAR MEETING OF MAY 18. 2004
AWARD OF BIDS AND CONTRACTS
DATE: MAY 14, 2004
This is before the City Commission to approve the award of the following bids:
1. Bid award to Colonna Construction in the amount of $298,308.00 for the 2002
Sidewalk Improvement Project on various streets. Funding is available from 118-
1965-554-63.11 (Community Development Fund/Bikepaths/Sidewalks) and 334-
3162-541-65.61 (General Construction Fund/Downtown Pedestrian Network).
2. Purchase award to Automotive Resources, Inc. in the amount of $17,177.36 via the
Florida GSA (General Services Admin.) Contract No. GS-07F-7172B for the
purchase of one (1) 2-Post, 30,000 lb. capacity, mobile lifting system for the City
Garage. Funding 1S available from 501-3311-591-64.90 (Central Garage
Fund/Other Machinery /Equipment-FY 2004/2005).
3. Purchase award to Duval Ford in the amount of $148,392.00 via the Florida
Sheriffs' Association Contract for the purchase of six (6) police pursuit vehicles for
the Police Department. Funding is available from 501-3312-591-64.20 (Central
Garage Fund/Automotive).
Recommend approval of the above bids and purchases.
S:\Gty Clerk\agenda memo\ffid Memo.05.18J14
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden, City Manager
FROM: William A. Grieve, P.E., Assistant City Engineer l"..} a.li
DATE: May 11, 2004
SUBJECT: RE-BID of 2002 SIDEWALK IMPROVEMENT PROGRAM VARIOUS STREETS
Commission Agenda Item
Project # 2002-036
The attached agenda item is for Commission approval/authorization for Mayor to execute Contract
with Colonna Construction. This Contract is for 2002 Sidewalk Improvement Program on Various
Streets (see location map). The furnishing and installation of concrete sidewalks, and curbs; also
included is driveway removal and replacement, swale grading, landscaping, and associated
miscellaneous improvements.
Total cost for this Contract is $298,308.00. Funding is provided as follows:
Account # Description Contract Account
Amount Balance
118-1965-554-63.11 Downtown Pedestrian Network $3,960.30 N/A
334-3162-541-65.61 Downtown Pedestrian Network $298,308.00 $294,347.70
Total $298,308.00
The attached map shows the project locations and the complete bid tabulation for this project.
Please place this item on the May 18, 2004 Commission Agenda.
enc
cc: Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
file
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City Manager Review:
Approwd f~ Ag.Uda'@' No Jniti'~'-4
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2002\2002.036\OFFICIAL\May 182004 agenda.doc
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. .
AGENDA REQUEST
Request to be placed on:
-X..Consent Agenda _Regular Agenda _Workshop Agenda _Special Agenda
When: Mav 18. 2004
Description of Agenda Item (who, what, where, how much):
The attached agenda item is for Commission approval/authorization for Mayor to execute Contract
with Colonna Construction. This Contract is for 2002 Sidewalk Improvement Program on Various
Streets (see location map). The furnishing and installation of concrete sidewalks, and curbs; also
included is driveway removal and replacement, swale grading, landscaping, and associated
miscellaneous improvements.
Total cost for this Contract is $298,308.00. Funding is provided as follows:
Account # Description Contract Account
Amount Balance
118-1965-554-63.11 Downtown Pedestrian Network $3,960.30 N/A
334-3162-541-65.61 Downtown Pedestrian Network $298,308.00 $294,347.70
Total $298,308.00
Staff Recommendation: (lli(l
5-(')'-o~
Department Head Signature: " J!J~
City Attorney ReviewlRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: yes.p.
Account Number See above
Description See above
Account Balance: See above
Funding Alternatives: (if applicable)
S:,EngAdmin,Projects,2002,2002.036,OFFICIAL\May 182004 agenda.doc
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jackie Rooney, Purchasing Manager~
THROUGH: Joseph Safford, ~ce Director
DATE: May 11, 2004
SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING
MAY 18, 2004 - PURCHASE AWARD
PURCHASE OF MOBILE LIFTING SYSTEM FOR
CITY GARAGE FROM AUTOMOTNE RESOURCES INC.
Item Before Commission:
City Commission is requested to approve the purchase award to Automotive Resources Inc. for
the purchase of one (1) 2-Post, 30,000 lb. capacity mobile lifting system for the City Garage for
the total amount of $17,177 via Florida GSA (General Services Admin.) Contract No. GS-07F-
7172B.
Background:
The Delray Beach Central Garage is in need of two mobile lifting systems which will allow Fleet
Maintenance to complete aerial mechanical repairs on two heavy duty trucks simultaneously.
This will result in less down time for repairs of these heavy duty trucks and get them back in use
quicker which saves the City time and expenses.
This 2-post, 30,000 lb. capacity mobile lifting system is available from Automotive Resources
Inc. for the total amount of $17,177.36 per attached quotation dated October 21, 2003 with
pricing via the Florida GSA (General Services Admin) Contract No. GS-07F-7172B.
Recommendation:
Staff recommends the purchase award of one (1) 2-Post, 30,000 lb. capacity mobile lifting
system from Automotive Resources Inc. for the total amount of $17,177.36. Funding from
account code 501-3311-591-64.90 (FY 04-05 Budget)
Attachments:
Quotation from Automotive Resources Inc.
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AGENDA ITEM NUMBER: <6N\. R
AGENDA REQUEST
Request to be placed on: May 18, 2004
Date: May ii, 2004
1L Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Purchase of one (1) 2-Post, 30,000 lb. capacity mobile lifting system for Ihe City Garage for the
lotal amount of $17,177 from Automotive Resources Inc. via the Florida GSA (General Services
Admin.) Contract No. GS.07F-7172B.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Award to American Resources Inc. for the purchase of one (1) 2-Post, 30,000 lb. capacity mobile
lifting system for the total amount of $17,177. Pricing per GSA (General Services Admin.)
Contracl No. GS-07F-7172B.
Funding from account code 501-3311-591-64.90.
Department Head Signature: J": S- ~......J
"-
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 V.::P> No
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:@4 No
Hold Until:
Agenda Coordinator Review:
Received:
tJl<
PUBLIC WORKS P1
MEMORANDUM
TO: David T. Harden, City Manager
w;n;,m E. Dmty, ..'" s~ 'il
FROM:
THRU: James Schmitz, Interim Pu' orks Director
DATE: May 10, 2004
SUBJECT: CITY COMMISSION MEETING MAY 18, 2004
BID AWARD - TAKE HOME PURSUIT VEffiCLES
CITY OF DELRA Y BEACH FLEET MAINTENANCE
Action
City Commission is requested to approve a bid award for the purchase of City vehicles
per staff recommendation.
Background
Six (6) additional police pursuit vehicles are required to meet contractual.
Recommendation
Staff recommends the bid award from Florida Sheriff's Association contract. The total
purchase amount is $148,392.00 from Duval Ford.
Funding is available from the FY04-05 budget in City Garage Account #501-3312-591-
64.20.
Attachments (1)
~M3
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WMCLE: Crown Vic Crown Vic Crown Vic Crown Vic
DEALER: Orville Duval Duval Mike Davidson
ZONE: * Westem * Northem * Central * Southem
BASE PRICE: $18,570.00 $18,524.00 $18,547.00 $18,669.00
Order
Code Delete Options Westem Nonhem Central Southem
5" round dome lamp N/C N/C N/C N/C
58F AM/FM radio - - - $ 45.00
H Heavy duty padded cloth $ 50.00 N/C N/C $ 50.00
bucket front seats with
rear cloth bench seat
Order
Code Add Options Westem Nonhem Central Southem
68P Police prep package $ 1,995.00 $ 1,995.00 $ 1,995.00 $ 1,995.00
6SW Visibility package $ 995.00 $ 995.00 $ 995.00 $ 995.00
[Requires 68P)
750A Street appearance group $ 700.00 $ 130.00 $ 130.00 $ 130.00
41A Comfort and convenience $ 860.00 $ 860.00 $ 860.00 $ 860.00
group
642 Full wheel covers $ 35.00 $ 'I , ;3p.OO $ 35.00 $ 35.00
AM/FM radlo/single CD $ 460.00 $ , '425.00 $ 425.00 -
58H AM/FM radio/cassette - $ 285.00 $ 285.00 $ 285.00
45C Umited slip differential $ 125.00 $ 125.00 $ 125.00 $ 125.00
P Cloth split bench - front $ 90.00 $ 90.00 $ 90.00 $ 90.00
21A Driver seat only- $ 380.00 $ 380.00 $ 3:~~ 380.00
6 way power
9IC , FrQnt d.oor moldings N/C N/C 15.00
'$taned)
128 ClirpetJ~!!WIed) $ 125.00 $ 125.00 $ 125.00 v1 125.00
:t'5'f ~bcit loCks /!i'handles $ 25.00 $ 25.00 $ 25.00:' $ 25.00
inoperatIve $ $ $ '29,00 V" $
948 'Rllat"'\Vilidaws inoperative 25.00 25.00 25.00
Legal deep tinted film, $ 245.00 $ 425.00 $ 425.00 $ 190.00
lifetIme warranty, dealer
installed
525 Speed control $ 225.00 $ 225.00 $ 225.00 $ 225.00
D3K Third key $ 135.00 $ 65.00 $ 65.00 $ 78.00
Remote keyless entry, $ 349.00 $ 395.00 $ 395.00 $ 498.00
dealer installed
Keyed alike $ 50.00 $ 50.00 $ 50.~$ 50.00
~p.t visors - stick-on style $ 92.00 $ 78.00 $ ir8. . $ 83.00
\ RalnshieIds - flilIlge style $ 130.00 $ 73.00 $ 73.00 $ 99.00
:\ 177 Silicone hoses $ 320.00 $ 320.00 $ 320.00 $ 320.00
'53M Radio noIse suppressIon $ 95.00 $ 95.00 4 95.00 $ 95.00
478. Courtesy light disabled $ 20.00 $ 20.00 $ ,.@O,OOV $ 20.00
59M Side air bags $ 300.00 $ 300.00 $ 300.00 $ ~o~
14T ' Kevlar trunk package $ 190.00 $ 190.00 $ ~6:0(j~ $ 1 0'.00
'6lH Ignition powered trunk $ 60.00 $ 60.00 $ 60.00V'" $ 6 00
button, factory installed
Class III hitch 2" ball, $ 290.00 $ 385.00 $ 385.00 $ 395.00
dealer installed
Anti-theft, Tremco, $ 180.00 $ 133.00 $ 133.00 $ 139.00
dealer installed
Bid Award AruwLUlCement (03-11-0825) 41
VEHICLE: Crown Vie Crown Vie Crown Vie Crown Vie
Dl!:ALER: Orv:llle Duval Duval Mike Davidson
ZONE: * Western * Northern * Central * Southern
BASE PRICE: $18,570.00 $18,524.00 $18.547.00 $18,669.00
Order
Code Add Options (oont'd) Westem Northem Central Southem
54G Locking gas cap $ 10.00 $ 10.00 $ 10.00 $ 10.00
760A Natural gas engIne 4.6L $ 5,145.00 $ 5,145.00 $ 5,145.00 NA
Two-tone paint $ 450.00 $ 450.00 $ 450.00 $ 450.00
Rechargeable mag light $ 145.00 $ 126.00 $ 126.00 $ 139.00
PriorUy start/battery saver $ 196.00 $ 135.00 $ 135.00 $ 127.00
66F Accessory feed wires for Std. $ 95.00 $ 95.00 $ 95.00
police equipment
187 Roof wiring with hole $ 195.00 $ 195.00 $ 195.00 $ 195.00
189 Roofwirlng without hole $ 85.00 $ 85.00 $ 85.00 $ 85.00
Ughts; safety alternate $ 219.00 $ 198.00 $ 198.00 $ 199.00
flashIng 4" red/blue
mounted underside of
deckl1d - dealer Installation
acceptable
Rear deck warning lights - $ 196.00 $ 198.00 $ 198.00 $ 199.00
51'1\ red and or blue. flashing l~OV $
Left-hartdplllar-rt'iOl:liited $ 190.00 $ ;,lW.OO $ 190.00
6" spotlight W1thc'Iear I,."
halogen bulb
Roof Mounted Ughtbar $ 2,595.00 $ 2,265.00 $ 2.265.00 $ 2,223.00
Whelen mtra STROBE/
LED Package:
(Red/Blue Version)
9U72800 - mtra Bar with
12 Strobes; 9UALY - 1 Pair
Alley Ughts; 9UTD2 - 1
Pair Take Down Lights;
9UDFFLRB - Two Duplex
LED Front Flashers Red/
Blue; 9UDRFLAA - Two
Duplex: LED Rear Flashers
Amber/Amber; MR. - Strap
Kit; BL627 - Siren Ampllfter
MPC01 - Siren/Light
Controller; SA314P-
Speaker; SABKT* - Speaker ~~1
Bracket
SW13BIIT ~ SwIng Bracket $ 170.00 $ 79.00 $ 99.00
(Option)
Note: Bar has two front and
two rear LED flashers.
Roof Mounted Lightbar $ 2,795.00 $ 2,363.00 $ 2,363.00 $ 2,321.00
Whelen Ultra SmOBE/
LED Package:
(Blue Version)
9U72800 - Ultra Bar with
12 Strobes; 9UALY - 1 Pair
Alley Lights; 9UTD2 - 1 Pair
Take Down Lights;
9UDFFLBB - Two Duplex
42 Bid Award AnTlDwtcement (08-11-0825)
VEHICLE: Crown Vic Crown Vic Crown Vic Crown Vic
DEALER: Orville Duval Duval Mike Davidson
ZONE: * West= * Northern * Central * South=
BASE PRICE: $18,570.00 $18,524.00 $18,547.00 $18,669.00
Order
Code Add Options (confd) Western Northern Central Southern
NEB Comer Strobe Kits - $ 370.00 $ 389.00 $ 389.00 $ 398.00
Soundoff Kit With 4 clear tubes,
6 outlet, 60w Nebula power
supply, 2-15', 2-30' cables $
GEM Comer Strobe Kits - $ 390.00 $ 469.00 469.00 $ 448.00
Soundoff Kit With 4 clear tubes,
6 outlet. l10w Gem1n1 power
supply. 2-15', 2-30' cables
Rear Transport Seat - $ 690.00 $ 565.000 $ 565.00 $ 547.00
Laguna System 3P $ $
Rear Transport Seat - 590.00 $ 549.00 549.00 $ 428.00
Pro Gard 6000 Series
PB100A12 Setina PBlOOA12 - 12" $ 390.00 $ 243.00 $ 243.00 $ 269.00
\ Aluminum Push Bumper $ $ 250.00 $
? PBIOOA16 Setina PBlOOA16 - 16" $ 420.00 250.00 276.00
, Aluminum Push Bumper
t . PB300 ~~90 Push Bumper $ 320.00 $ 256.00 $ 256.00 ~ .,~;:
i "Pl50QQ . 0 500€l:>$eries '? $ 370.00 $ .l264.00 $ ~ $
PimTi"BUfi1JreI:S
FHL2 Federal FHL2 Flasher $ 120.00 $ 114.00 $ 114.00 $ 99.00
"FA5 Federal FA5 F1asher $ 130.00 $ 114.00 $ 114.00 $ 109.00
J UHF2150A Whelen UHF2150A $ 120.00 $ 114.00 $ 114.00 ~ $ d~
~.~'!'es~ ~f6'~l'J.~~" $ 790.00 $ 598.00 $ HMQ\ $
) Cage With sl1ding Window,
full Width lower extension
panel, dealer installed
P2200 Pro-Gard P2200 Series $ 690.00 $ 598.00 $ 598.00 $ 599.00
Polycarbonate (Lexan) Cage
With slJding Window, full
Width lower extension panel,
dealer installed
E/Z RIDER E/Z Rider K-9 Container. $ 1.695.00 $ 1,544.00 $ 1,544.00 $ 1,694.00
All aluminum In-Vehicle (rear
seat area) K-9 Container to
protect the publJc, officer, K-9,
and vehicle. Please specify
vehicle year, make and model.
Call for installation, shipping,
and/ or delJvery prices.
R.E.S.C.U.E. R.E.S.C.U.E. Electronic $ 690.00 $ 451.00 $ 451.00 $ 579.00
Remote Rear Door Opening
system to be used With the
E/Z Rider K-9 Container. Allows
the officer to release the K-9
from the vehicle from a
COOL-G remote position.
CoolGuard Heat Alarm $ 620.00 $ 430.00 $ 430.00 $ 529.00
System to be used in a K-9
vehicle. Warns officer when
dangerously high temperatures
are inside the vehicle.
Bid Award Announcement (03-11-0825) 49
.
VEHICLE: Crown Vic Crown Vic Crown Vlc Crown Vlc
DEALER: Orville Duval Duval Mike Davidson
ZONE: * Westem * Northezn * Central * Southem
BASE PRICE: $18,570.00 $18,524.00 $18,547.00 $18,669.00
Order
Code Add Options (con.t'd) Westem Northem Central Southem
D_ Complete set of shop $ 245.00 $ 325.00 $ <32"5;'00 . $ 27.00
mimuals QNLX
5/75B 5/75 Manufacturer's $ 3,745.00 $ 3,745.00 $ 3,745.00 $ 3,745.00
Extended Base Care
Warranty ($0 deductible) $ 4.335;00~
See Page 866 :4, 7f'00 !.
.5l75E, 5/75 Manu,fac~s $ 4,735.00 $ 4,735.00
E>ctended Extra Care
Wahanty ($0 deductible)
5/75P 5/75 Manufacturer's $ 2,745.00 $ 2,745.00 $ 2,745.00 $ 2,745.00
Extended Power Tram
Warranty ($0 deductible)
59C A,justable pedals - $ 120.00 $ 120.00 $ 120.00
68G Lam1nated seCUI1ty glass - $ 295.00 $ 295.00 $ 295.00
W9M Whelen (FSAJ 8 strobe l1ght - $ 1,715.00 $ 1,715.00 -
& siren pkg. with speaker
DWL Flex: (Red) work light - $ )105.00 $ 105..00 -
with reheostat I i,i"
DFK Deluxe first aid kit - $ 130.00 $ 130.00 -
185 Lateral bow (roof) $ 80.00 $ 80.00 $ 80.00 $ 80.00
re1nforcement
65A Base police prep. pkg. - - - $ 695.00
P-GS Prew1re grtlllamp/slren speaker - - - $ 25.00
553 Traction control - - - $ 235.00
4- "k
ty131
50
Bid Award Ann.ouncement (03-11-0825) '2. Lj13z...
. Date: 5/17104 AGENDA ITEM NUMBER:
AGENDA REOUEST
Request to be placed on:
_XX_ Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When:_S/18/04
Description of agenda item (who, what, where, how much):
Staff recommends the purchase award of six (6) additional police pursuit vehicles from
Florida Sheriffs Association contract. The total purchase amount is $148,392.00 from
Duval Ford.
Funding is available from account number 501-3312-591-64.20.
~epartment Heac!dd-r ~
Signature: <... .
City Attorney Review IRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: C!i!J1 No Initials: ~
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:81 No InitialS:~
Hold Until:
Agenda Coordinator Review:
Received:
Date: 5/1 I104 AGENDA ITEM NUMBE1l: ~ tv\, '3
AGENDA REOUEST
Request to be placed on:
..JCX_ Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
Wbcn:_5/18/04
Description of agenda irem (who, ",hac, where, how much):
\0
Staff reconunends the purchase award of four C>Q..additional police pursuit vehicles from
Florida Sherin's Association contract. n,l' total purchase amount is $98:)28.66 from Duval
Foro. \ ~'b 2,'1;)..., ~
J
Funding is available from account number 501-3312-591-64.20
~cpanmentH1k ~
Slparure: -
City Anomey Review/Recommendation (if applicable):
Budget Director Review (n:quired on all item8 involving expendirure of fund8):
Funding Available: ~ I No Initials: y. uJ:
Account Number ,ji, /-.J3/J-5-'1 /.(, 1: "/D
Description 1''1 ..J"h (..0 '1!/a..L,~ 11U;",..",,)/-~//m~
(J I I
Account Balance: II .;{ 1'6 f ~ ()
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda;@ I No Initials:~
Hold Until:
Agenda Coordinator Review:
Received:
--- -- .-.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 01
SUBJECT: AGENDA ITEM # q " - REGULAR MEETING OF MAY 18. 2004
MOTION TO RESCIND COMMISSION DECISION IHANDELSMAN
YELLOW BUILDING
DATE: MAY 14, 2004
Digby Bridges, Marsh & Associates, P.A. acting as the agent for Mr. Burt Handelsman is requesting a
reconsideration of the City Commission's denial of the request from Handelsman Yellow Building
f/k/a the Blank House for the purchase of six (6) in-lieu parking spaces in the amount of $72,000.00.
The Blank House is located at 85 S.E. 6'" Avenue.
This request requires a motion for reconsideration from a Commissioner who voted against approval.
&\Oty Cle,k\agenda memos\fundelsman Motion to Reicind 05.18.04
..- -..-
1)5!14!~1)1)4 lE,: 1)5 551~787841 [11'-;B11' BRI[1I3ES MARSH PA(:iE B~
DIGBY BRIDGES, ~
MARSH & ASSOCIATES, P.A.
CHARTERED AP.CHITECTS . PLANNERS. INTERIOR DESIGNERS
14 May 2004
City Clerk
City of Del ray Beach
100 NW 1~ Ave
Delray Beach, FL 33444
RE: 85 SE 6TH Ave. Class nrCOA 2004-076-SPI
Yellow Building
Dear Ms. Garito,
As agent for Mr. Burt Handelsman. who is the owner of the above project, we would like to
request that this pwject be placed on the agenda of May I g, 2004, for reconsideration.
We thank you for all your help.
Kindest regards,
Yours sincerely,
DlGBYBRIDGES, MARSH & ASSOCIATES, P_A.
'~~ ~~r
Digby Bridges, AlA.RIBA,NCARB
DB/tlf
cc; Burt Handelsman
124 N.!:. fifth Menue, Delra)" Beach, florlda 33483
561/278.1:\88 Palm Beach: 7.,6-58()(; p",,: 5611 Z78.784!
I"~\ ~^rllll~tlI7:;~ M:>l ~^\l:I"H~.XI~" "l<M~ J,\."l~~IRll/l
--- ~---
~
TO: D~~.ANAGER
THRU: P UL DORLlNG, 0 CTOR OF PLAMNING AND ZONING ~-
FROM: JEFFREY A. COSTELLO, ASSISTANT PLANNING DIREC~ ·
SUBJECT: MEETING OF MAY 18, 2004
CONSIDERATION OF A WAIVER REQUEST TO LOR SECTION 2.4.3{K)(1)
(DEVELOPMENT APPLICATION FEES) FOR COMMUNITY PRIMITIVE BAPTIST
CHURCH. PURSUANT TO LOR SECTION 2.4.7{BH5).
On April 13, 2004, the City Commission approved the conditional use request for the expansion of
Community Primitive Baptist Church. During the deliberations, the applicant felt that he should not have
had to re-file the applications and pay the associated application fees for a previously approved
proposal, and requested the Commission waive the fees or a portion of the fees. After brief discussion, it
was the consensus of the Commission to direct staff to review the costs for advertising, notices, mailings,
staff time and bring the item back to the Commission with a recommendation.
Pursuant to LDR Section 2.4.3(K)(7)(b)(Exceptions), waiver of payment of development application, plan
check and permit fees may be granted by the City Manager upon a written request from eligible non-
profit and service organizations. Those organizations eligible for waiver consideration are:
1. Non-profit organizations currently receiving a portion of their annual operating budget from the
United Way and/or the City and possessing a 501 C(3) designation from the State of Florida.
2. Service organizations which elect to sponsor and participate in special event and/or fund raising
activities that are of benefit to the general public. For this purpose, eligible organizations must
provide in writing the extent of their involvement with the proposed activity. A group's physical
presence (active involvement) during the event is required.
In addition, Section 2.4.3(K)(7)(c) states that the waiver of fees is applied in the following manner:
1. Fees assessed under Section 2.4.3(K)(1), Development Applications, 100% of assessed fees
may be waived.
2. Fees assessed under Section 2.4.3(K)(2) and (3), Plan Check and Permit Fees, no more than
70% of the assessed fees may be waived.
3. All fees may be waived for the use of the City's portable stage when used in conjunction with
special event activities and activities held at City facilities.
Waiver Findinas:
Pursuant to LDR Section 2.4. 7(B) (5), prior to granting a waiver, the approving body shall make a finding
that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or
(d) Does not result in the grant of a special privilege in that the same waiver would be granted
under similar circumstances on other property for another applicant or owner.
The development application fees that were recently paid are as follows:
C\5
City Commission Documentation
Community Primitive Baptist Church - Waiver of Development Application Fees
Page 2
Conditional Uses, New Application (Major Modification) $1,000
Class IV Site Plan Modification (Major Modification) $ 825
Waivers (No charae for the current waiver reauest) $ 330 (3 au $110 oer reauest)
Total $2,155
The following are the estimated City's costs related to the review of the current proposal:
Postage: $ 51.00
Advertisement: $160.60 (Conditional Use & Development Application Fee Waiver Request)
Staff Time/Costs: $481.79
Total $693.39
An application fee ($110) was not requested for the current waiver request now before the City
Commission; therefore it was not included in the figures above. The figure also does not include the staff
time involved preparing this report. As the conditional use and site plan did not significantly change from
the previous approvals, staff time analyzing the proposal and preparing comments and staff reports were
significantly reduced. These figures do not accurately represent the time and effort involved thoroughly
analyzing a typical development application submittal.
In this particular situation, there are circumstances relating to the development proposal that would justify
a reduction in the application fees as follows: that the building permit application was submitted within
one month after the conditional use approval expired, that the re-submittal for approval occurred soon
after the applicant was notified of the expiration, that there were no significant changes to the proposal
and/or the approved plans, and that the original findings were re-affirmed. The fees related to this project
should be assessed similar to timely submitted requests to extend conditional use and site plan
approvals, which require only one fee if both items are being extended for one project. While the fee for
the conditional use request was $1,000 and the site plan, including waivers, was $1,155, reducing the fee
to $1,000 seems reasonable and appropriate. Granting the waiver would not result in the grant of a
special privilege in that the same waiver would be granted under similar circumstances on other property
for another applicant or owner. As the circumstances involved with this proposal are not common, no
changes to the Land Development Regulations are proposed at this time. Extra effort will be taken;
however, to ensure that applicant's are fully aware of the approval expiration dates, so they can proceed
appropriately.
By motion, approve a waiver to LDR Section 2.4.3(K)(1) (Development Application Fees) to reduce the
development application fees for Community Primitive Baptist Church to $1,000, based upon positive
findings with respect to LDR Section 2.4.7(B)(5).
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # qe.., - REGULAR MEETING OF MAY 18. 2004
CONSULTANT RANKING FOR OLD SCHOOL SOUARE PARKING
GARAGE
DATE: MAY 14,2004
This is before the Commission for approval of the rankings for consultants regarding the Old School
Square Parking Garage Project and authorization for staff to negotiate with the firm ranked first,
PGAL/Eliopoulos, for a consulting contract.
A Request For Qualifications (RFQ) was advertised on March 21, 2004, for provision of professional
consulting services in conjunction with the conceptual planning and design of a parking garage facility
at the Old School Square Cultural Arts Center. A total of eleven (11) responses were received prior to
the request closing at 2:00 p.m. on April 21, 2004.
An eight member RFQ Review Committee, consisting of City/CRA staff and Old School Square
board members listed on the attached ranking forms, reviewed the response packages in the context
of the professional requirements and disciplines stated in the RFQ. The Committee met in a public
forum on April 7, 2004, for orientation to the process and to review and discuss the rating criteria.
Each Committee member scored the respondents according to the criteria (as previously established
by Commission) in the RFQ. A final meeting of the Review Committee was convened in a public
forum on May 7, 2004, to review and discuss the results of the ranking process and to publish the
final ranks for the eleven (11) respondents.
Attached, is a copy of the RFQ and the score sheets reflecting the Consultant rankings by individual
Committee members and overall weighted rankings used as the basis for determining the final
rankings. As a result of the RFQ evaluation process and on the basis of the combination of
qualifications, experience, and resource availability, the team of PGAL/Eliopoulos has been ranked
number one among the respondents.
The next step in the process is approval by the City Commission to enter into negotiations with the
top ranked consultant, PGAL/Eliopoulos, for a consulting contract.
Recommend approval of the rankings for consultants regarding the Old School Square Parking
Garage Project and authorize staff to negotiate with the firm ranked first, PGAL/Eliopoulos, for a
consulting contract.
S:\City CIerk\agenda memos\Con.u1lllnt R.nIcing for Old School SqWlte 05.18.04
~_..-
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.myde/raybeach.com
TO: David T. Harden, City Manager ~
FROM: Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: OLD SCHOOL SQUARE PARKING GARAGE RFQ
DATE: May II, 2004
A Request For Qualifications (RFQ) was advertised on March 21, 2004, for provision of professional consulting
services in conjunction with the conceptual plarming and design of a parking garage facility at the Old School
Square Cultural Arts Center. A total of eleven (II) responses were received prior to the request closing at 2:00
PM on April 21, 2004.
An eight member RFQ Review Committee consisting of City/CRA staff and Old School Square board members
listed on the attached ranking forms reviewed the response packages in the context of the professional
requirements and disciplines stated in the RFQ. The Committee met in a public forum on April 7, 2004, for an
orientation of the process to be used for rating RFQ respondents, and to review and discuss the rating criteria as it
relates to the parking garage project. Each Committee member scored the respondents according to the criteria
stated in the RFQ and as previously established by Commission for this purpose. A final meeting of the Review
Committee was convened in a public forum on May 7, 2004, to review and discuss the results of the ranking
process and publish the final ranks for respondents to the RFQ.
Attached to this memo is a copy of the RFQ as well as score sheets reflecting the Consultant rankings by
individual Committee members and overall weighted rankings used as the basis for determining the successful
respondent. As a result of the RFQ evaluation process and on the basis of the combination of qualifications,
experience and resource availability, the team of PGAL/Eliopoulos has been ranked number one among the
eleven respondents.
The next step in the process involves fee negotiation with the top ranked consultant. Prerequisite to that activity
is the approval by City Commission of the respondent rankings and authorization of staff to enter into
negotiations with PGAL/Eliopoulos for a consulting contract. With this memo and attachments, staff is
requesting such approval and authorization from City Commission.
Please place this item on the agenda for the May 18, 2004 Regular meeting for consideration by Commission.
Cc: Bob Barcinski, Assistant City Manager
Victor Majtenyi, Construction Manager
Diane Colonna, Executive Director, CRA
Joe Gillie, Director, Old School Square Cultural Arts Center
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CITY OF DELRA Y BEACH
REQUEST FOR QUALIFICATIONS
FOR
CONSULTING SERVICES FOR THE
OLD SCHOOL SQUARE PARKING' GARAGE
RFQ #2004-26
Mayor - Jeff Periman
Vice Mayor - Jon Levinson
Deputy Vice Mayor - Patricia Archer
t Commissioner - Alberta McCarthy
Commissioner - Bob Costin
City Manager - David T. Harden
Dir. of Environmental Services - Richard C. Hasko, P.E.
City Engineer - Randal L. Krejcarek, P .E.
Purchasing Department
100 NW. 1st Avenue, Delray Beach, FL 33444
243-7163
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h'c~s~~f''''!';1/71 104--- "'d",
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[IT' DF DELIA' IEA[H
DELRAY BEACH .-,.
, I 0" D 4 100 N. W. 1 st AVENUE . DELRAV BEACH, FLORIDA 33444 561/243.7000
... .
A1~AmIrIcICHy
, III I! CITY OF DELRA Y BEACH
REQUEST FOR QUALIFICATIONS
OLD SCHOOL SQUARE PARKING GARAGE
1993 RFQ #2004-26
200Pursuant to Florida Statutes Section 287.055, the City of Delray Beach re9uires professional services on
the following project:
Development of alternative conccptuallayouts and preliminary designs for a proposed maximum
48 foot high parking garage accommodating approximately 570 parking spaces and incorporating
7,000 to 10,000 square feet of commercial retail space.
The structure will be situated adjacent to the Old School Square Cultural Arts Center in Delray Beach.
The successful consultant will prepare two to three alternative concepts for the parking garage structure
and commercial retail space. Additional services may be requested at the discretion of the City, including
but not limited to preparation of fmal design plans sufficient for permitting and construction, and
construction inspection/administration services.
Ten (10) copies of the completed RFQ Package shall be submitted to Mr. Joseph Safford, Finance
Director, City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. Resoonse
oackal!es will be acceoted until 2:00 PM on Aoril 21. 2004. No resoonses or suoolementaI materials
will be acceoted after that time. A public meeting of the City's Selection Committee will be convened
at 2:00 P.M.. Wednesdav. Aoril 7. 2004. in the City Hall First Floor Conference Room. 100 N.W.1,t
Avenue. Delrav Beach. Florida to review evaluation criteria and discuss the review and ranking process
with Selection Committee members. A fmal public meeting of the City's Selection Committee will be
convened at 2:00 P.M.. Fridav. Mav 7. 2004. in the City Hall First Floor Conference Room. 100 N.W.
1" Avenue. Delrav Beach. Florida to compile the committee's evaluations and establish overall rankings
of respondent firms.
Selection will be in accordance with the Consultant's Competitive Negotiations Act, as amended, Section
287.055, Florida Statutes. The Selection Committee shall evaluate and rank respondents on the basis of
the qualifications submitted by the firms to develop a short-list. The selection committee may require
public presentations by consulting firms regarding their qualifications, approach to the project(s), and the
ability to furnish the required services.
The Selection Committee will evaluate all proposals received and recommend to the City Commission
selection of the consulting firm considered best qualified to serve the City's interest for the described
scope of services.
Ranking of firms and fmal selection will be based on the following criteria:
1. Consulting firms experience and past performance with municipal parking structure design,
construction and operation.
2. Experience and qualifications of personnel identified to work on the project with municipal
parking structure design, construction and operation.
3. Governmental experience of consulting flnn
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
Page Two
RFQ #2004-26
March 22, 2004
4. Availability of resources to complete project assignments within established time frames.
Request for Qualification Packages may be obtained (downloaded) from
www.DemandStar.com. phone (800) 711-1712, or from the Purchasing Division, City Hall, 100
N.W. 1st Avenue, Delray Beach, Florida, 33444, at no charge. Call. Purchasing at 561-243-7163
to ensure sufficient supply
All questions and requests for additional infonnation in connection with this Request for Qualifications
and selection shall be directed in writing to Mr. Victor Majtenyi, Construction Manager, City of DeIray
Beach, FL. Fax number 561-243-7314.
A full executed sworn statement concerning Public Entity Crimes is required by Florida Statutes, Section
287 .133(3Xa) and will be required before a contract is executed.
Advertisement Date: City of Delray Beach, Florida
Sunday, March 21, 2004 .---- .- By: Joseph M. Safford
Finance Director
f
CITY OF DELRAY BEACH
REQUEST FOR QUALIFICATIONS
OLD SCHOOL SQUARE PARKING GARAGE
RFQ 1#2004-26
I. GENERAL
The City of Delray Beach is seeking Requests For Qualifications (RFQ) from interested parties for the
purpose of providing professional consulting services for the preparation of alternative conceptual
proposals and preliminary designs for a proposed parking garage to be located adjacent to the Old School
Square Cultural Arts Center in Delray Beach. A multi-phase conceptual master plan for the expansion of
the Old School Square Cultural Arts Center was developed in 2002 to accommodate planned growth of
programs and activities offered at the facility. The first phase of the expansion entailed the construction
of a pavilion with associated support facilities and concession area for staging outdoor entertainment
events. Phase I improvements have been constructed and the pavilion is currently in regular use for its
stated purpose.
The second phase of the master plan envisions the construction of a parking garage to be located at the
northeast corner of the planned expansion area (see Attachment n. To maximize the economic potential
of the facility to the community, commercial retail space was included in the planning of the structure
along the street frontage on N.E 1" Street and N .E. 2nd A venue. Current concepts for the structure include
accommodation of approximately 570 Parking spaces and between 7,000 and 10,000 square feet of
commercial retail space.
Responses to this RFQ shall emphasize the consultant's experience in all activities related to planning,
design, and construction of municipal parking structure facilities. Alternative configurations of parking
facilities and retail space will be prepared under the consultant contract awarded pursuant to this RFQ.
These conceptual alternative plans will be developed through activities designed for coordinating
stakeholder input and consensus building. Subsequent preliminary planning for the structure based on
stakeholder consensus will be accomplished in sufficient detail to fonn the basis for preliminary project
construction budgeting. Additional services may be requested by the City as outlined in Section II, Scope
of Work, below. Funding will be available in the current fiscal year from the recently passed referendum
for the City's Parks and Recreation Bond Program for implementation of the planning and construction of
the parking garage.
I. SCOPE OF WORK
A. Required qualifications
I
I) Consultant response packages shall demonstrate proven abilities to provide professional
services including:
a. Coordination and administration of programs designed to solicit input from affected
parties and achieve stakeholder consensus for establishing design parameters.
b. Pre-design services including but not limited to site surveying, geotechnical investigation
and analysis and traffic impact reporting and analysis.
c. Design services within the scope of the practice of municipal parking structure planning,
architecture, engineering, and landscape architecture to provide preliminary and final
I
-
design, pennitting, construction documents and establishment of preliminary and fmal
project budgets.
d. Construction administration services and onsite observations to enable consultant's
certification as required by regulatory agencies and ensure that the facilities are
constructed in compliance with approved plans and specifications.
B. Alternative Tasks
I) The City, at its sole discretion, may issue directives for perfonnance of one or more tasks
including but not limited to:
a. Development of alternative conceptual layouts and preliminary designs for the described
parking facility and associated retail space generally sited as shown on Attachment I.
Designs shall be based on stakeholder consensus of facility requirements and shall
contain sufficient detail to fonn the basis for fmal design and construction budgets.
b. Design services within the scope of the practice of parking facilities planning,
architecture, engineering, and landscape architecture to provide preliminary and
final design, permitting, construction documents and establishment of preliminary
and fmal project budgets.
c. Construction ~stratiOtl services and onsite observations to enable
consultant's certification as required by regulatory agencies and ensure that the
facilities are constructed in compliance with approved plans and specifications.
m. RFQ SUBMfITAL PACKAGE
Each submittal must include the attached check list labeled "Exhibit A". This check list must appear
immediately after the cover letter. To ensure that all submittals can be evaluated on an equitable basis,
the RFQ requires each respondent to provide the requested infonnation in a prescribed fonnat and
organization that excludes supplemental materials. Any supplemental infonnation included with the
response must appear after the required materials and tabbed "Additional RFQ Infonnation", or under
separate cover. The submittal package should be organized as listed below with one tab for each item.
The submittal package should be organized in the following manner:
1. Cover Letter
2. Check List (Exhibit A)
3. Firmffeam organizational chart which includes:
. Individuals Name and Position
. Name of Firm
. Clear designation of one person who will be the main contact for the respondent
(If the respondent is a multi-finn team, please clearly identifY all joint venture finns and
responsibilities of each finn.)
4. Proposed Project Team (Exhibit B)
S. Firm's description (Exhibit C) (One for each Firm included in submittal)
(All fmns must be clearly identified in your submittal, and their ability to perfonn assigned
responsibilities must be demonstrated)
6. "Key Staffing" sheet (Exhibit D) (One for each person included in the submittal package)
2
7. One completed S.F. 254 for prime consultant and each sub-consultant.
8. One completed S.F. 255 for prime consultant and each sub-consultant.
9. Brief (one page maximum) listing of similar previous parking structure planning, design,
designlbuild projects.
10. Demonstration of resource availability
Ten (10) copies of the RFQ must be received in the office of the Purchasing Deparbnent, City Hall, 100
NW I" Avenue, Delray Beach, FL 33444, no later than by 2:00 p.m., eastern time, on April 21, 2004, at
which time a list of respondents will be made public.
In accordance with the American with Disabilities Act (ADA) this document may be requested in an
alternate format.
IV. EVALUATION AND SCORING
Submittals will be evaluated for ranking according to the following criteria:
PERSONNEL EXPERTISE AND OUALIFICA TIONS () -40 ooints or 40"10)
Demonstration of proposed project team:
. Professional qualifications to perform work in applicable discipline( s)
. Knowledge of technical criteria an,d administrative requirements for projects of similar scope.
. Past performance level in completing projects of similar size and scope.
FIRM EXPERIENCE () -30 points or 30"10)
Demonstration of Firm:
. Qualifications to perform work in applicable disciplines.
. Past performance level in completing projects of similar size and scope.
GOVERNMENTAL EXPERIENCE (I-I0 ooints or 10"10)
Demonstration of past experience in providing consulting services to governmental agencies by both the
Firm and the project team.
AVAILABILITY AND COMMITMENT OF RESOURCES (I to 20 ooints or 20%)
Demonstration of the Firm's ability to commit the technical and administrative resources required to
complete projects within ~stablished time frames, including responsiveness to specific project
requirements.
The Ranking Committee will evaluate respondents using the above criteria. Individual Raters'
evaluations will reflect total point scores and rankings based on those scores.
Overall rankings will be determined on the basis of the cumulative ranking from evaluation sheets
completed by the Rating Committee.
Ties will be resolved on the basis of the total point scores of the evaluation sheets.
3
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- 6WINTON ....VENUE
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PINE....PPLE GIROYE WAY
I
ATTACHMENT I
CITY of DELRA Y BEACH aLa SCHOOL SaVARE ~
EN'IIIC>>IENTAL eaMCE$ DB'AII'NENT CVLTVRAL ARTS CENTER
4M toIIIM ........ ...... ClILMY ...... R.ClM:lA ......
4
EXHIBIT A
CONSULTANT CHECKLIST
Note:
I) This Exhibit must be included in RFQ immediately after the cover letter.
2) RFQ Package must be put together in order of this checklist.
3) Any supplemental materials must appear after those listed below and tabbed "Additional RFQ Information"
Cover letter
Copy of this Check List (Exhibit A)
Organizational Chart
Proposed Project Team (Exhibit B)
Each Finn's Description (Exhibit C)
Key Staffing (Exhibit D)
S.F. 254 (One per Finn)
S.F. 255 (One (lei: tl:am member)
--
List of previous similar parle development projects
Demonstration of ability to perform work within stated time
I
5
EXHIBIT B
PROPOSED PROJECT TEAM
Firm Name & Address of Office Main or Branch Certificate Expiration
Date
Disci line:
Disci line:
~-
Disci line:
Disci line:
Notes:
I) Typical Disciplines might include: Architect, Landscape Architect, Civil Engineer, etc.
2) Certificate Number is authorization to offer Professional Services from the Florida Department of
Professional Regulation (Boards of Professional Engineer, Architect's Land Surveyors and Landscape
Architects.
6
.
EXHIBIT C
(Complete one form for each firm on team)
1. SUBMITIING FIRM NAME:
2. TYPE OF FIRM:
CORPORATION INDNIDUAL OTHER
3. IF CORPORATION, COMPLETE THE FOLLOWING:
A. Date Incorporated:
B. State Incorporated:
C. Date Authorized in Florida:
D. President:
E. Vice President:
4. IF PARlNERSHIP, COMPLETE THE FOLWWING:
A. Date organized:
B. Type: General Limited
C. Name of Partners .-.--.-.-
5. SECRETARY OF STATE'S CHARTER NUMBER
(Attach Copy)
6. FLORIDA STATE BOARD OF PROFESSIONAL ENGINEERING/ARCHITECTILANDSCAPE
ARCHITECT REGISTRATION
NUMBER (DATE: Attach Copy)
7. FEDERAL EMPLOYERS IDENTIFICATION NUMBER
8. PROFESSIONAL LIABILITY INSURANCE? YES - NO -
IF YES, ANSWER THE FOLLOWING:
A. Policy Number:
B. Company Name:
C. Amount: f
D. Expiration Date:
7
-~
0
EXHIBIT D
KEY STAFFING
(Complete one sheet for each individual)
INDNIDUAL'S NAME & TITLE:
AREA OF EXPERTISE:
FIRM NAME:
EDUCATION (DEGREE/YEARlSPECIALIZATION):
ACTIVE REGISTRATIONS (STATF/DISCIPLINF/NO.):
PERMANENT RESIDENCE (CITY, COUNTY, STATE):
General Notes:
. List last five (5) projects completed under the direction of each named individual. If work was performed
by another firm provide the name of that firm.
. Include a key staffing sheet for each proposed consultant staff member providing services to the City of
Delray Beach.
. lHE CITY OF DELRAY BEAQI..RESERVES lHE RIGHT TO APPROVE ALL PERSONNEL
BILLING TIME TO ITS CONTRACTS.
Project Name Date Client Name Address Telephone
Completed
1.
2.
3.
4. I
5. 0
8
Agenda Item NO.~
AGENDA REQUEST
Date: Mav 11. 2004
Request to be placed on:
~ Regular Agenda
_ Special Agenda
_ Workshop Agenda When: Mav 18. 2004
Description of item (who, what, where, how much): Staff reauests Commission aooroval of
rankinas of consultants respondina to the Citv's Reauest for Qualifications for professional
consultina services in coniunction with the Old School Sauare Parkina Garaae proiect. As a result
of the RFQ evaluation process involvina an eiaht member committee of Citv/CRA staff and Old
School Sauare board members. the team of PGAUEliopoulos has been ranked number one
amona the eleven respondina firms. Staff reauests Commission approval of the rankinas and
authorization of staff to enter into neaotiations with PGAUEliopoulos for a consultina contract for
performance of services related to the Old School Sauare parkina aaraae facilitv
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of RFQ rankinas and authorization of contract
ne otiations with PGAUElio 0
Department head signature: :;_/1-0
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: f!!!\
Approved for agenda:~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.. ~
[ITY DF DELRAY BEA[H
p~L1~:\~ BfA"C,! 100 N.W 1st AVENUE . DEU1AY BEACH, FLORIDr'\ 334,14 561/243-7000
IIIaI:III .
Ail-America City
'IIIE MEMORANDUM
1993
2001 TO: David T. Harden
City Manager
FROM: gi}Robert A. Barcinski
Assistant City Manager
DATE: April 14, 2004
SUBJECT: AGENDA CITY COMMISSION MEETING APRIL 20. 2004
APPROVAL PERFORMANCE MEASURES - GOLF COURSES
AND TENNIS FACILITIES
Action
City Commission is requested to consider approval of performance measures for fiscal
year 2003-04 for the Municipal and Lakeview Golf Courses, and the Tennis Facilities
Back2Tound
Attached are proposed performance measures for the Municipal and Lakeview Golf
Courses, and Tennis Facilities for FY 2003-04. Per the terms of the management
agreement with Dubin and Associates, Inc. the performance measures (i.e. goals and
objectives) are to be approved by City Commission. The performance measures
proposed are based on the goals and objectives approved in the FY 03-04 budget, as well
as other agreed upon tasks. The performance measures approved will be the basis upon
which a bonus would be paid to Dubin and Associates, Inc. for FY 03-04.
Recommendation
Staff recommends consideration of the proposed performance measures for the Municipal
and Lakeview Golf Courses, and Tennis Facilities for FY 03-04.
RAB:tas
File:u: sweeney/agenda
Doc: golf performance measures 2003-04
THE EFFORT ALWAYS MATTERS 9b
@ Printed on Recycled Paper
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Harden, David
From: Barcinski, Robert
Sent: Wednesday, April 14, 2004 1:48 PM
To: Harden. David
Subject: FW; performance measures
-----Original Message-----
From: CynthiaMDoll@aol.com [mailto:CynthiaMDoll@aol.comj
Sent: Wednesday, April 14, 2004 1:30 PM
To: Barcinski, Robert
Cc: brahrnd@aol.com
i"::IubjecL: peL!u.r.fficulce mea.s:UL6S
As Brahm discussed with you earlier today:
In addition to your earlier conversation, in regard to program participation we think that
2,600 would be a better performance measure. This year due to transportation problems the
City's Pa~ks and Ree program is sending only 3 sessions per week in comparison to the 6
sessions per week that were sent last year accounting for approximately 300 participants.
In addition, due to being closed last summer the Atlantic High School golf team went to
another facility accounting for approximately 140 participants.
3,040 last year
-300 Parks & Rec
-140 Atlantic High School
2,600 Total
We count all participants in golf course sponsored programs not just youth.
Please let me know if you need anything else.
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~
TO: ~~ CITY MANAGER
THRU: P ~R I ~IRECTOR OF PLANNING & ZONING
FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF MAY 18, 2004 - REGULAR AGENDA
APPROVE THE SUBMISSION OF A GRANT APPLICATION TO
PARTIALLY FUND THE CREATION OF A SHUTTLE SERVICE THAT
WILL PROVIDE SERVICE FROM THE TRI-RAIL STATION TO THE
BEACH IN ACCORDANCE WITH COMPREHENSIVE PLAN POLICY D-3.6
OF THE TRANSPORTATION ELEMENT
--
"""~ " """"xc':\: " . . 1 1 ",,:1i 1
Comprehensive Plan Policy 0-3.6 of Ihe Transportalion element requires the City and Communily
Redevelopmenl Agency (CRA) to establish a plan for an in-town shuttle system by the year 2000 to serve
the downtown, Tri-Rail, and the beach wilh headways of 10-12 minutes. A proposed modification in the
upcoming 2004-2 Comp Plan Amendment will modify the complelion dale to 2005 and further modify the
headways to 20-30 minutes.
The Metropolitan Planning Organization (MPO) has announced a grant program to facilitate the creation of
shuttle services throughout the County to augment Palm Tran bus service. The program offers 50% matched
funding up to $40,000 per vehicle or route, for a maximum of three (3) vehicles and $120,000 per year for
three (3) years.
Staff is proposing a shuttle service from Tri-Rail to the Beach. Based on preliminary research the service
should cost between $40 and $45 per hour. To achieve 20 minute headways (no more than a twenty minute
wait for a shuttle at any slop) the use of three (3) shuttle buses will be required. Two (2) shuttle buses are
required to achieve 30 minute headways. Staff has identified three (3) potential routes, which would serve
visitors and residents of the downtown.
The City grant application would provide malching funds for the MPO grant (maximum $40,000 per shuttle
up to three (3) shuttles) with the CRA funding the balance. The City's financial commitment would therefore
be between $80,000 and $120,000 per year for three years (to be determined by providing 20 or 30 minute
headways which would require either two (2) or three (3) buses). If the funding from the MPO is not extended
beyond three (3) years addilional funding ($80.000 to $100,000) would be required by the City and/or CRA.
-
."",," , "'" - " """,.
The CRA, at lheir meeting of May 13, 2004, in a 3 - 2 vote (Ellingsworth and Lewis dissenting) to bear an
equitable share based upon the program ultimately adopted.
_IJ
Consider approving submission of a grant application for the partial funding of a shuttle service between Tri-
rail and the beach.
Attached: Grant Application
Proposed Schedules & Funding
qE
--
Proposed Shuttle Service Hours of Operation
hours of operation are provided for example only and are 5uject to refinement.
,
The following schedule assume a $40 I hour rale.
Three buses are needed to achieve 20 minute headways
Da of Week Hours of Service # Hrs. Hou rs of Service # Hrs.
Monda 1 0:00AM - 7:30PM 9.5 1 0:00AM - 7:30PM 9.5
Tuesda 10:00AM - 7:30PM 9.5 1 0:00AM - 7:30PM 9.5
Wednesda 10:00AM - 7:30PM 9.5 1 0:00AM -7:30PM 9.5
Thursda 1 0:00AM - 7:30PM 9.5 10:00AM - 7:30PM 9.5
Frida 1 0:00AM - 7:30PM 9.5 10:00AM - 7:30PM 9.5
Saturda 10:00 AM /10:00 PM 12 10:00 AM /10:00 PM 12
Sunday Noon - 8:00PM 8 Noon I 8:00 PM 8
Hrs / Wk Cost / Wk. Cost / Yr. Hrs / Wk Cost / Wk. Cost / Yr.
Total Per Bus 67.5 $ 2,700 $ 140,400 67.5 $2,700 $140,400
Total Route 202.5 $ 8,100 $ 135 $5,400 $280,800
40 / hour $40 / hour
Contribulion Contribution
$120,000 $80,000
$120,000 $80,000
$181,200 $120,800
$421,200 $280,800
The following scheduie assume a $45 I hour rate.
Three buses are needed to achieve 20 minute headways
Da of Week Hours of Service # Hrs.
Monda 1 0:00AM - 7:30PM 9.5
Tuesda 10:00AM -7:30PM 9.5
Wednesda 1 0:00AM - 7:30PM 9.5
Thursda 1 0:00AM - 7:30PM 9.5
Frida 10:00AM - 7:30PM 9.5
Saturda 10:00 AM /10:00 PM 12
Sunday Noon / 8:00 PM 8
Hrs / Wk Cost / Wk. Cost / Yr. Hrs / Wk Cost / Wk. Cost / Yr.
Total Per Bus 67.5 $3,038 $157,950 67.5 $3,038 $157,950
Total Route 202.5 $9,113 135 $6,075 $315,900
$45 / hour
Contribution
$80,000
$80,000
$155,900
Proposed Shuttle Service Hours of Operation continued
The following schedule assume a
20 Min Headways M-F
30 MIn Headways ~at-::;un
Da of Week Hours of Service # Hrs. # Hrs.
Monda 1 0:00AM - 5:30PM 7.5 10
Tuesda 1 0:00AM - 5:30PM 7.5 10
Wednesda 10:00AM - 5:30PM 7.5 10
Thursda 1 0:00AM - 5:30PM 7.5 10
Frida 10:00AM - 8:00PM 10 10
Saturda 10:00 AM /10:00 PM 12 12
Sunday Noon I 8:00 PM 8 8
Hrs / Wk Cost / Wk. Cost / Yr. Hrs / Wk Cost / Wk. Cost / Yr.
Total Per Bus 60 $2,700 70 $ 3,150 $ 163,800
Total Route 160 $7,200 190 $ 9,450 $ 491 ,400
3 Shuttles 45/ hour 45/ hour
A enc Contribution Contribution
MPO $120,000 $120,000
Cit $120,000 $120,000
CRA $134,400 $251,400
Total $374,400 $491,400
The following hours of operation are provided for example only and are suject to refinement.
The ollowing schedule assume a
20 Min Headways M-F
30 Min Headways Sat-Sun
Da of Week urs of Service # Hrs. # Hrs.
Monda 7:00 AM I 7:00 PM 12 13
Tuesda 7:00 AM / 7:00 PM 12 13
Wednesda 7:00 AM /7:00 PM 12 13
Thursda 7:00 AM / 7:00 PM 12 13
Frida 7:00 AM I 7:00 PM 12 13
Saturda 10:00 AM 110:00 PM 12 12
Sunday Noon I 8:00 PM 8 8
Hrs / Wk Cost / Wk. Cost / Yr. Hrs / Wk Cost / Wk. Cost / Yr.
Total Per Bus 80 $ 3,200 $ 166,400 Total Per Bus 85 $ 3,400 $ 176,800
Total Route Total Route
$40 / hour $40 / hour
Conlribution Contribution
$120,000 $120,000
$120,000 $120,000
$274,800 $309,900
$514,800 $549,900
Shuttle Service Hours of Operation
The following hours of operation are provided for example only and are suject to refinement.
; " Hi 0#
The following schedules assume a $40 / hour rate.
Three buses are needed to achieve 20 minute headways
Hours of Service # Hrs. Hours of Service # Hrs.
7:00 AM I 7:00 PM 12 7:00 AM I 7:00 PM 12
7:00 AM /7:00 PM 12 7:00 AM I 7:00 PM 12
7:00 AM I 7:00 PM 12 7:00 AM /7:00 PM 12
7:00 AM / 7:00 PM 12 7:00 AM I 7:00 PM 12
7:00 AM /7:00 PM 12 7:00 AM /7:00 PM 12
10:00 AM /10:00 PM 12 10:00 AM /10:00 PM 12
Noon I 8:00 PM 8 Noon / 8:00 PM 8
Hrs / Wk Cost / Wk. Cost / Yr. Hrs / Wk Cost / Wk. Cost / Yr.
Total Per Bus 80 $ 3,200 $ 166,400 80 $ 3,200 $ 166,400
Total Route Total Route
$40 / hour $40 / hour
Contribution Contribution
$120,000 $80,000
$120,000 $80,000
$259,200 $172,800
$499,200 $332,800
The following scheduies assume a $45/ hour rate.
Three buses are needed 10 achieve 20 minute headways
Da of Week Hours of Service # Hrs.
Monda 7:00 AM / 7:00 PM 12
Tuesda 7:00 AM / 7:00 PM 12
Wednesda 7:00 AM / 7:00 PM 12
Thursda 7:00 AM I 7:00 PM 12
Frida 7:00 AM / 7:00 PM 12
Saturda 10:00 AM /10:00 PM 12
Sunday Noon / 8:00 PM 8
Hrs / Wk Cost / Wk. Cost / Yr. Hrs / Wk Cost / Wk. Cost / Yr.
Total Per Bus 80 $ 3,600 $ 187,200 80 $ 3,600 $ 187,200
Total Route
$45 / hour $45 / hour
Contribulion Contribution
$120,000 $80,000
$120,000 $80,000
$321,600 $214,400
$561,600 $374,400
CK
~
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
TELEPHONE 5611243~7090. FACSIMILE 5611278~4755
DELRA Y BEACH Write(s Direct Line: 561/243~7091
, l 0 I I D ..
Dad
Al-Amerlca CilJ
~UI'! MEMORANDUM
DATE: May 10, 2004
TO: City Commission
David Harden, City Manager
P--~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Appeal of SWS Case
Southern Waste Systems (SWS) had filed suit against the City and Waste
Management regarding the collection of construction and demolition (C&D) debris.
The City had given Waste Management (WM) an exclusive franchise on this and
SWS claimed that this exclusivity violated the commerce clause. SWS filed suit
and WM, pursuant to an amendment of the franchise agreement, agreed to
indemnify and defend the City in this lawsuit. The court just issued a ruling
granting SWS's motion for partial summary judgment regarding the violation of the
commerce clause. The court has enjoined the City from enforcing its ordinance
regarding the exclusivity for the collection of C&D. SWS voluntarily dismissed its
remaining counts regarding due process and 1983 violations.
WM plans on appealing this decision and shall continue to indemnify and defend
the City in this case. The City's outside counsel, who also represents WM, has
requested if the City also wants to appeal this decision. There were several points
in which we feel are appealable issues. We would request that the Commission
agree to appeal the decision. WM will handle the appeal, and all costs associated
with the appeal, on behalf of the City.
Please place this item on the May 18, 2004 City Commission agenda. Please call
if you have any questions.
cc: Barbara Garito, City Clerk
Joe Safford, Finance Director
<1-,=
0(\
i11
[ITY DF DElIRY BER[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090. FACSIMILE 56l/278-4755
Writer's Direct Line: 561/243-7090
DELRA Y BEACH
, l 0 I I D A
........
AlJ.AmIIIca City MEMORANDUM
~nIJ! DATE: May 14, 2004
TO: City Commission
David T. Harden, City Manager
FROM: Terrill Pyburn, Assistant City Attorney ~
SUBJECT: Proposal for Settlement in Aero Products Corporation d/b/a American
LaFrance MedicMaster
MedicMaster has agreed to dismiss their counter-claim against the City regarding
their breach of contract claim for the outstanding purchase order of one (1) 2002
Freightliner FL60 Extended Cab Emergency Vehicle (P.O. No. 601887) so long as
the City dismisses its complaint for breach of contract and breach of warranty
against MedicMaster regarding the Freightliner FL60 Extended Cab Emergency
Vehicle (P.O. No. 591286) that was delivered to the City on June 8, 2001.
The case would be dismissed with prejudice based on a Joint Stipulation and
Order of Dismissal to be filed with the Court. Both parties would bear their own
fees and costs to date.
At this time, the City Attorney's Office recommends that the City accept the
proposal for settlement. Please place this item on the May 18, 2004 City
Commission agenda.
TCP:smk
cc: Barbara Garito, City Clerk
<1<;,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~\\- - REGULAR MEETING MAY 18.2004
APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES
DATE: MAY 14, 2004
Mr. Kenneth Rubin's term on the Police and Fire Board of Trustees will expire on June 30, 2004.
Mr. Rubin was appointed to his initial term on January 13, 2004 to fill an unexpired term. He is
eligible and would like to be considered for reappointment. The term is for two years ending June
30, 2006.
In accordance with Section 33.65 (A) (2) of the City Code, the City Commission appoints two
public members of the Board of Trustees. All members must be either a resident of, own property,
own a business or be an officer, director or manager of a business located within the City of Delray
Beach. All appointees must take an oath of office.
The following have submitted applications for consideration:
Kenneth Rubin (incumbent)
Glenn Schuster (currently serving on Code Enforcement Board)
A check to confirm that all are registered voters was completed. Also a check for code violations
and/or municipal liens was conducted. None were found.
Based on the rotation system, the appointment will be made by Commissioner Levinson, (Seat #3).
Recommend appointment of one (1) member to the Police and Firefighters Retirement System
Board of Trustees for a two year term ending June 30, 2006.
! .'-'....
......... - ~-~ ~,-' -.- A A _..._
DELIlAl' BEACH
trtm .CITY OF ~ELRA YElEACH
BOARIJ MEMBER APPLICATION
1993
2Q01
lnfQ=tion:
UP!;1/' Name ffl./~ ~S
. 2. Home Addr~.( 73. . Ci !i"lf Stite 7j~
. ~t-O cr- TL .'.~ ry
3. L::gal ReSidenc.:: _ . Gry . SCote Zip Code
. 9Mt:..-
. 4. P~dp:ol Business Address: City Sure Zip Code
~K <:;-=cd^IT(~. . ~~r 72-- 5~Yf3
/0 :i:;. 4-rl-ANfl.c /1- VI:.-
- 5. . Home Phone: Business Phone: E-M..iI Addre&S: Cd! Phone: Fu:
5G-( .;)US' / .2fI'iI 5(,{ - J.7'f-9MiP CotM5t7'O@.10LCo-"'} ~/-,7~6~'fI/PO (-r)<f-GHj
G. ~c you. registered voter? ~S If so, '" cre are Y~taed?
. ~. Jf,
7. Wh~BOlld\'li~u;lUer~. .' ? Pbse li6t inord et of. pn:ferr:.nce:
OL-Jc ~$ lV'A/ cdm"" iTF.p:
B. *$f;"off~.p"~e~cn~' s ~.v~~.Iy, ~~e.~
.' . YI' w(....!;" -~
~ A/I1rJ1( k~ ~ (/ il'1S f.Jp. /fMtk'/'13rWl1 f Ci"~ /o/l/J.,,"f?"-{ M~
9~ Educ.ao,m Wfie.aons: . . . Lfs-~ iJ ~~
- - () ITF /YI4r.8(}.~
./
10. list any related profes<ional certific~tion" ond liceoses "'Nch YOll hold:
<:::;ECrJ/(.(.Tlt."9 I,? M;; - <J!t;(1:es 6-5....7
..L-<'F-:'i':. ~~.a::.. .0/ L//Xr1zf.' If;{/},-(~ .?-t Cp..-FS":E:..S
11. Give y 01'>> . n~ost recent~loycr, OT:l.~si~n:
'. . .</;<.{ re. !'i: - Up5'~
. . you to o<:rve 00 this ~ .(ple2$e armch aluid" ro=e)
/l'"DN ~ - 'J:11W ~r ~C7'~-
Cd:/ dTV /11. i7---"f'>Jr... ~fCK
SIGN,A lURE
Note,Thi. .pplic.tion will remain on iii. fu the City Oet:k's Office fora J:>criod c;f2 YM horn the dit,e irwas
submitted. II will be the ..pplJaa,'s responsibiliry to etlAUre that. =1 .pplic:..ion is .on iii"
~"""'''''''
DEC-2S-2003 OS:45 561 343 3774 96-% P.02
.
DEC-29-2003 11 :24 1-'.tU
Kenneth S. Rubin
--- ,--,...............-~- ~._--.-~~~~._~.~---~--_.__.,._~~---~~--
695 Enfield Ct
Defray Beach, FL 33444
Home(561)265-2988Cel1(5611-106-4I60 Office (561)274-9006
E-Mail: Cobra5pto@aolcom
EDUCATION
1976- 1978 MBA-University of Massachusetts. Amherst, MA
1972-1976 BS-University of Massachusetts, Amherst, M..<\.
EMPLOYMENT
1989-Pres. Financial Consultant, PMK Securities, Delray Beach, FL
Financial Ad,isor seIVing rewl clients in all aspects of investments
and financial planning" including individual stocks, .corpoIllle and
municipM bonds, mutual funds. insurance prodncts, research,
options, and hedge stralegies. Started DeIraj' Beach location in 1991.
1985-1989 Financial Consultant, JW Charles Securities, Delray Beach, FL
Financial Advisor serving retail clients in allllSpeclS ofinvesmrents
and financial planning" including individual Stocks, corporate.and
municipal bonds, mutual funds, insurance produces, research,
options, and hedge strategies.
1918:1985 Vice President and Regional Manager, SunTIUSt Bank, Delray Beach, FL
Manager of 4 rerait branch locations of a major commen::ial banking corporation.
. -
Responsibilities included Commercial, Mortgage, and Consumer Lending, Branch
Opcrntions, Staffing, Marketing, and Bnsiness Development. Introduced Discount Brokerage
Services to bank customers on a sIatewide level.
Delray Beach Tennis Center TaskForce Couunittee, 2001
DeIray Beach Tennis Center Naming Rights Committee, 2002
Delray Beach City Commission Candidate, 2000; Endorsed by The Palm Beach Post
LEADERSIllP PALM BEACH COUNTY, GRADUATE 1955
ORGANlZlNG COMJ.mTEE: lE.'\DERSHIP DELRAt BEACli 1986
BOARD OF DtRECTOR.'l .'\ND EXEClTfIVE COMMITTIE. SOt.IT1! COUNTY MENTAL HEALTH CENTER.
1982.PRESENT
TRUSTEE. PENSION PLAN. soum COUNTI- MENTAL HEALTH CENTER, t996-PRESENT
BOARD Of DtRECTOR.'l,DELRAY BEACH TENNIS CENTER I9SHRESENT MANAGER/COACH DELRAY
BEACH NATIONAL LITTI..E LEAGUE 1993-Z0oo
VOLUNTEER BASEBALL COACI!. CARVERMlDDI..E SCHOOL. 1996-199B
VARSm-lENNIS COACH. ATLANTIC mGll SCHOOL. 1999.Z001. Z002-Pta:sent
CHAIRMAN, UNIVERSITY OF MASSACHUSETIS VARSrIY TENNIS TEAMS
SPRING TRAINING AND BENEfIT TOURN.'\MENTTItlP TO DELAAY BEACH, 1999-PRESENT
PAST PRESIDENT. DELRAY BEACH TENNIS CENTER.19B~.1993
DIRECTOR, K1NGSl.-'\ND HOMEOWNERS ASSOCIATION, 1991-1993
PRESIDENT & CFO. DEl-RAY OOLFVIEW CONDOMINIVM ASSQC, 19B2-2001
ORGANIZING COMMfITEE: DRRA t LAKES HOMEOWNERS ASSOCIATION, 2000
VARsrrr TENNIS COACH. UNIVERSITY OF MASSACHUSETTS, 1976-1977
SPONSOR, DELRAY BEACH YOUlli COUNCIL
T')TAL P. 03
3 -S/-o5
DURAY BEACH hr~ cAe tM(~t?j
ft. . . . ..
~ 5jJfJCiQ f,JI-
All-AmerIca en; CITY OF DELRAY BEACH
"llt BOARD MEMBER APPLICATION
1993
2001
information:
1. Name M.I.
C,,",uS \e.. I'HI
2. Home Address: City State Zip Code
5'65 A- NW ~(d.... <a\-,ee:\- De.\(a.~ \ eA.cl., f\ :, ~'-\ 'p=,
3. Lega! Residence: City State Zip Code
S e.- D~\r", 6 e.G....\... f
4. Principal Business Address: City State Zip Code
So....<YIe. D<.\("c,. g <:.c_<.-\... f\ ~<.'\'\ '"
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
\ O( z(, 1; -
If so, where are you registered?
7. What Bqard(s) ar~ you interested in servinR? pl"~~e li~t in order of ~re{er~nce: _ Be""" cl c--f-
e F,~<- S"--t <.+- ...e. 0 ~ce. .!- I-\("e.
/1/ Shes 1"1 e r elt"'\L Ma.", e",+ . E -to cc<......c.....-\-- Bo<cr
e -
8. List all City Boards on which you are currently serving or have previously senred: (please include dates)
-fhe. ";e..,jf~,'k C.-f-' "",<<,{ C." < ("
,,.,a...\ ,("e... "S c. ~< 0:-
1'; 1'<: Se.ru/<(, AI c. Cc " de"", c. .(
10. List any related professional certifications and licenses which you Hold:
/,m';r I'?<:p>h</"" IIIF!>. AI~(f/ c (" ,f,e.' f"i)NV r'~' "L c\-(;( ", -\-
Rc 5":'I"\-to..t\\I~ - . ~ \ \.,..tc..f \:'0 PI -t'i> i2.I'\T
O' e. <
11. Give your present, or most recent employer, and position: :L:" oc. t'\.\'o...~ \, :L..., de c'"' d.......\-
Co <. >;-'0 CV \'
fir' ~DI('c'htJ~ '1> "c., foe Co~""" o..~. -i-I.,.."\- \I"\:1-\",l\ ~ ~c("..., cOCo f'\r(.. ~\o..("r'\ , C
12. Describe experiences, skills or knowledge which qualify you to serve on rhis board: (please attach a brief resume)
klc. e...... c...,,",-ooc.l S c.~ LOL 0.... -\- ... c::....-\(>.. c h"" ~ ~ V'It. R. c-'"
<>- ~"'*'::. ' ~\I.. \- c. o~ hl'c. c.S(,-\-\~(: '~~""",,,", ~ .. 1;<>",-"", J-...
r/~c S",flc. /4,.,,, J, I o"':S}""CfcIQ' e.-\-c..
I hereby certify thar all the above statemenrs are true, and I agree and understand that any misstaremem of marerial facts
contained in rhis application may cause forfeiture upon my pan of any appointment I may receive.
~/Y2 kRl~ 3/31/03
SIGNATURE DATE
Note: nus application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a cu~E 0e=tVe~ file.
CLEJUC.18OARD\APPUCATION
MAR 31 2003
"3- ~\-o:..
My name is Glenn M Schuster, I am applying for a position for the city board membership.
I moved to Delray Beach in 1993, so,far it has been the most difficult decisions I have had
to make, At the time I was working as a New York City Fire Inspector onthe lower east and
west sides in the city and as far north as 37th st. I have a extensive background in the
following areas. Arson investigation,effective company command, high riselFire and life
safety,Flammable Hazardous Materials,Building Construction for the Fire Service,Fire
Suppression and detection systems,Principles of Fire Protection Chemistry; i happened to
hate that one. I have never written my text boOk education on any job application in Florida.
I have twenty years in the fire protection sector all documentable. The system in the
F.D.N.Y is different I was a New York City E.M.T, I was trained in all aspects of Fire
Fighting. Due to injuries playing hockey for the Fire house and the wear a tear of fire heavy
smoke etc. The Fire Department promoted to represent the department in criminal and civil
court litigation's I did this for five years and all my elevations were either outstanding,very
good or good.
I am looking for something to do with the second half of my life and applied for over 70
jobs, some were civil service some were private sector My health problems did not effect
me but they effective my potential employers am in good shape have worked out for
twenty years and have started again. I am atrue professional, I am used to speaking in
public and feel if given an oppturnity you will be happy with my broad experiences. This is
the only time I have written a note to attach to my application but I need somethin~o do
with my time and waiting for the dreaded day one of my parents doesn't wake up. is is a
real letter and I have all the documents to support the 1 st and 2nd paragraphs.
Respectfully,
~~
Glenn M Schuster
",
J!j ~ 561 4990561 fi!J 2/20/00 (S> 18:46 I) 1/2
Glenn M Schuster
4585 AN. W. 3rd Street Delray Beach, Florida 33445
(561-499-0561)
Summary of Qualifications:
Dedicated professional with twenty years experience.
Through knowledge ofNFP A. New Yode City and building codes, labor laws and health codes,
Fonner BMT FDNY,recenlly I have taken the Florida Fire Inspector and BMT courses.
Through knowledge of fIre suppression and detection ststems of all (ypes.
Excellent reputation among <Upeno"" city officals, builders, arohitects, contrato", and attorneys.
Shazp and creative in problem solving and needs assessment.
EMPLOYMENT mSTORY
3193-4/94
Econocaribe Consolidato," Inc. Miami, Florida
Assistant Manager
Assistant in managing one hundred fifty thousand feet of US Customs bonded space. Supervised warehouse
cmpolyees, taught safety and security principles to staff. Maintained accurate invcntoxy and shrinkage control.
11191-11192
New York City Fire Department. New York.N"ew York Rank Inspector
Prefonned work in the conduct of inspections to detect violations of laws, rules and regulation which are intended
to reduce or eJim inate,fIre and explosive hazzards or a..ist in extinguishing fire.. Preform related worle, conduct
inspection and investigation, research national and New York City fIres as well as health codes and labor law. Issne
summons and violation orders when necessary.
3/87-6190
New York City Fire Department New York, New York Rank Court ReprCllentative
Evaluate building Owners compliance with the Ncw York Fire Prevention, NFP A; prosecte owners for violation,
conduct interviews and investigations; research I
applicable codes to prepare case. Recommend penalities and suggest time for compliance.
3/85-3/87
New York City Fire Department. New York, New York Rank Lieutenant
Developed and implemented procedurcsto track down builders that Were in violation of The New York City Fire
Law Hanbook.Supervised and trained Enforcement Agents; served notices; conducted tille searches and
investigations maintain acc\lrate service records; advise management of are.. requiring futher analysis.
, Education
WC Mepham Hiil> School
Bellmore, NY 11710
High School Diplomia 1980 ,
Jolm Jay College of Crimminal Justice
889 10th Avenue
Major Fire Science 1980-1986
New York City Fire Deparlln ent
Randalls Island
BromcNY.
Fire fighting, Fire Inspection, Officers School
Nassau County Fire Service Academy
Bethpege, NY
Fire Fighting Advance Truck Advanced Engine operations BMT
.'
.
-
~~~ 2./08/0t
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGERt'fV\
SUBJECT: AGENDA ITEM # q:t:. - REGULAR MEETING OF MAY 18. 2004
APPOINTMENT TO THE EDUCATION BOARD
DATE: MAY 14, 2004
Student Jessica Thomas appointed to the Education Board on November 18, 2003 has missed
three consecutive regular meetings, creating a vacancy for an unexpired term ending July 31,
2005. Student Gemina Masson has been attending the meetings and would like to be considered
for appointment.
Members of the Education Board must be a resident of the City, own property, own or operate a
business within the City or have a child attending Delray Beach public schools. It is the intent,
whenever possible, membership include persons with a background in business, real estate
and/or education.
The following students have submitted applications and would like to be considered for
appointment.
Sendy Auguste 11 th grade
Emmanuel MacDonald 12th grade
Gemina Masson 11 th grade
Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5) for an
unexpired term ending July 31, 2005.
Recommend appointment of one (1) student member to the Education Board for an unexpired
term ending July 31, 2005.
091%4/03 WED 07:52 FAX 561 243 3774 CITY CLERK Ii!I002
10 -';;'O-cJO
p"lt!-~ BfA5=tt ol-ude/l-f
W CITY O.F DELRAY BEACH
BOARD "'EMBER APPLl~ATION
-
1~3
2 1
PIet.. . or tint the CoD . infoanalion:
1. Last Name.: M.L
2. Cou I' +-
3. City Zip Code
City I -\r0'-/ State Zip Code
- Ch r-i 37J~4Lf
CdI Phone: Fox:
- '2 L/ 3- l./070
Are you. registered voter? - H so, where are you ~gisteied? .,.--
7. What Board(s) arc you interested in serving? PJ...e liSt in otder of pmennce:
U (01\
8. J,.isr all City Boards on "Il'hich you arc cum:ntlj' serving or have prniously ierVed: (pless. include dares)
.,' .~( <.
"9: ..Educ.tioOll! qualifications:
10. Ust any relared professiorul certifications 8nd licenses which you hOld:
c..- N .R
11. Give your present, or most recent employer, and position:
12. Describe i:l<pericnces, WIls or Ilnowledgc whicb qualify you "" lICCVe Oil dW . (PI.... .....,r, a blief rcNme)
I hereby certify that all the above ouu:mcnts ue trUe, and Jape""" W>dcmalld that any mis...trm_ of moteIi8l facts
conlllilled in this application moy cause fotfeinm upon my pitt of any appoinuD~r J ....y receive.
10 I ZO)O<~
DAtE .
Note: This application will tCD1ain on file in the City Clerk', Office Cor a pC:rlod 0 2 years lroin the care it was
submined. It will be the appli<=At1t', responsibility to ~ure that a cunmt application i~1lOI<
~--..-
09/24/03 WED 07:52 FAX 561 243 3774 CITY CLERK -rL-- H <5 5fvdell'T: . ~002
~ 200~
~.
p~~Y.8~s:t!
11 / tf - eJ-{){l)
CITY O.F DELRAY BEACH ~ -fuv/<JfI +
BOARD MEMBER APPLl~ATION
-
1~~3
2001
ilUonnation:
Name L L M.I.
" rv,.nc..." v ~ -
City, Zip Code
'3 <<'{
Zip Code
4. Princip21 Business Address: City Zip C"de
CC5 (/ rlA"2- ~ch 33 <.{({ <
5. Home Phone: E-Mail Ad::'Mss: Cd! Phone:
,t>639 - 'i"" i '-- t.(\\Y""',^,nue.. ~"c.Oot\
l- Id @(\1Q.Jc-;d..LO ""- (,( 3. o-f6C.'<.
6. Are you a registered voter? If &0, where arc you regis~ed? r.
7.
8. .J,.lst 011 Cirr Boards on which'you aRcunently serving Or have previously Ktvr.d: (please indude dO...)
. ..
.f '~.r '.
I\' ~J.",
I o. List any related professioml ccni/l~tions and lictrises whiCh you hllld:
...5(.0 er.
12. Describe expenenc:es, WlJs Ilr knowJedge wbit:b quilify you '" serve on this be>
....... - , I L.
'O-_f')\)o-. fee
I hereby ccnify th2t all the above ""r<menU ate we, ...d I ar;tec IIIld IIIllIcn1:alld thJr.1 ony misstau:mO:nl "rJl>aleIial blits .
contained in . s ap . ..lion tnly cause forfeiture upon my pm ofany aJ!PQintt!l"", I may receive.
/(J /ZO liB
DAlE < I "
NOle: This applic~tion wiIJ remain <>n/ilc: in tilt CIty Oetk's Offi,," fou pciiod 0 2 ycarsftoin the MIdI ",as
submitted. It will be the applicant'. responoibility to Cl>$urc that a ~I application is on 4iIe.
. I'aTY~TION
DElRA Y BEACH "5JiAJ€o-J
* . <> . I I) ~
........ 3- //- 0(0
AII-Ao..elicaCity CITY OF DELRAY BEACH
, , II J!
BOARD MEMBER APPLICATION
1993
2001
information:
1. Nam'f; . M.1.
51r
2- -'Ii\. City S..lJlte Zi~ Code
\'J' \\
3.
/)
City
~\~03
E-Mail Address:
7.
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
-......
,9. ilducatiOl-'
"T
to. List any related professional certifications and licenses which you hold:
II.
1 Describe experiences, skills or knowledge which qualify you to serve on this hoard: (please attach a brief resume)
I hereby certify that all the above statements are tme, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment, I may r,eceive..
.~iY\Allfl) ~1\~ 2> \\ JjDlj
51 ATURE DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It wi!! be the applicant's responsibility to ensure that a current application is on file.
SICrrYCLERK\BOARD\APPUCA TION
'1ECEIVED
MAY - 4 2004
("ITV 1"'1 i=RK
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # <=1:3 - REGULAR MEETING OF MAY 18.2004
APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
COMMITTEE
DATE: MAY 14, 2004
The term for Mr. Bill Schwartz will expire on May 31, 2004. Mr. Schwattz has moved out of the
City of Delray Beach and is no longer eligible to serve. The term is for two years ending May 31,
2006.
Mr. Harvey Brown was appointed to the Noise Compatibility Committee which was dissolved and
combined into the Boca Raton Aviation Advisory Committee. Mr. Brown is very interested in
volunteering for this Committee.
The Boca Raton Aviation Advisory Committee was created and Bylaws were adopted on June 3,
2002. The Committee shall consist of one member to represent the City of Delray Beach. This
member must reside within the boundary of the appointing entity. No elected official or employee
of the appointing entity shall be eligible for appointment to the Committee. No member or
employee of the Airport Authority shall be eligible for appointment to the Committee.
The following have submitted applications for consideration:
Harvey Brown, Sr.
Robert Conway
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was done and all are registered.
Based on the rotation system, the appointment for membership will be made by Commissioner
Archer (Seat #2).
Recommend appointment of one (1) member to the Boca Raton Aviation Advisory Committee to a
two (2) year term ending May 31, 2006.
--.-
Boca Raton Airport Authority
3700 Airport Road Suite #304 Boca Raton, Florida 33431 Phone: (561)391-2202, Fax: (561)391-2238
E-mail: mai/@bocaairport.com Website: www.bocaairport.com
March 29, 2004
Karen Schell
Delray Board Liaison
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Florida 33444
Dear Karen:
The City's appointment of Mr. Bill Schwartz to the Aviation Advisory
Committee (AAC), as defined in the Article IV [Terms] is scheduled to
expire as of May 31, 2004.
Please let us know of the City's intention in the Appointment of a Member
to the Aviation Advisory Committee, which the Member's Term will be for
two (2) years [June 1, 2004 - May 31, 2006].
We appreciate the City of Delray Beach's participation in the appointment of
a Member to the Aviation Advisory Committee. If you have any questions,
please call me at (561) 391-2202.
Sincerely,
en A. Day
Airport Manager
Bruce Benefield Lawrence Rayman Harold Ingraham BaITy Allen Philip MxJder Hetty Nerod Janet Sherr
Chairman 'vice-Chairman Seaetary & Treasurer Member Member Member Member
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ftw 77J:j<N.&J ~ I- &-a-, (Jf-f)_I. H'3-377j1
on....y'ur"
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U Ilea,; CITY OF DELRA Y BEACH
~ ~ BOARD MeMBER APPLICATION
19!il
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8. wr all Ciq Baud.
9.
12 o..cm.. ~CL!, 4i1h or koowledge TlIlcll 10U 10 serve OD chis boor1!: (PlaJo a brief roumc)
L'Ch~..p +-
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Note: This a tication will KJnain on lile in the ary Oetk'. OS;<< for 0 period of 2 ~ from the date it....u
.ubf1llt<cd. It -MlI b. the appllant'. rnpotlllIl>ility to cns_ lha.t 0 =t lIppilarion.ll on file. , .
~ eJ.If.A.- ~ f,f,~~ /N'c.-~a-;;;i---- --$: \
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\
FA:>; 110. : 5618652-t20 "latt. 0-\ 2004 G...J: 30AI'1 Pi
FPI~II.1 : 1I1[,\l:iO REAL T,' - ""'---
~ 05(04'01 nIE lZ,n F.U 501 1" 3171 CIIT CLIillI'
-.
~ . CITY OJ'DELIlA Y SU.CH
BOARD MEMBER APPLlCA.TION
l~
8. J.;:r.~.Jl CilfBo.td_=.-hlcb yoY.JIft:~~Of~prcvi -GI'I--. ....-
9. -"'-'
10.
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Note "I'hitappUc.aQoo'I&IiDl'OfIa&iA lD~ Yr. ~.poiocIoE2.,.:::usfram.The~it~
au.ba~.lrtlrJ.lt~ be Ilbe 1l"Pti0lDt.. . '10 CDmft! dat... ~~OQj,"on.tile.
--
RECEIVED
MAY - 4 2004
CITY CLE.RK
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGER P1
SUBJECT: AGENDA ITEM # \01\ - REGULAR MEETING OF MAY 18. 2004
ORDINANCE NO. 24-04 (AMENDING LDR SECTION 4.6.15(4)
REGARDING SWIMMING POOL SETBACK REOUlREMENTS)
DATE: MAY 14, 2004
1bis ordinance is before Commission for second reading and public hearing to amend Land
Development Regulations (LDR) Sections 4.6.15(G) regarding swimming pool setback requirements.
Over the last several years, the City Commission has made adjustments to setbacks for buildings,
screen enclosures, pools, etc. to accommodate the unique constraints of zero lot line (pRD)
developments.
The current swimming pool setbacks apply citywide and do not address any specific type of
development such as zero lot line developments. The citywide swimming pool setbacks were
previously amended in September, 1992 by the City Commission reducing the pool setback from 15'
to 10' along any street in recognition that the setback was too restrictive. The City Commission also
approved the reduction of the rear and side pool setback to 5' when the property is adjacent to at least
50' of open space.
The current request is to reduce the side interior setback within zero lot line developments from 10'
to 5'. The proposed amendment includes a provision that pools are prohibited within utility
easements, unless written approval is provided by the easement holder and a hold harmless agreement
is executed.
The Planning and Zoning Board held a public hearing regarding this item. There was no public
testimony. After reviewing this amendment, the Board voted 5-0 to recommend to the City
Commission approval of the proposed amendment to Land Development Regulations Section
4.6.15(G), based upon positive findings with respect to LDR Section 2.4.5(M).
At the first reading on May 4, 2004, the City Commission passed the Ordinance No. 24-04.
Recommend approval of Ordinance No. 24-04 on second and final reading.
S:\Gty CIerk\agcnda memos\Otd.24.04.0S.18.04
TO: DAVID T. HARDEN, CITY MANAGER ~ ([)~.-fA<:.-
THRU: PAUL DORLlNG, DIRECTOR OF P~ A~ z'~ING
FROM: SCOTT PAPE, SENIOR PLANNER ~
SUBJECT: MEETING OF MAY 4,2004
PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.6.15(G) REGARDING
SWIMMING POOL SETBACK REQUIREMENTS.
Over the last several years the City Commission has made adjustments to setbacks for buildings, screen
enclosures. pools, etc. to accommodate the unique constraints of zero lot line (PRD) developments.
These specific internal adjustments were approved for projects like Colony Club, Old Palm Grove,
Clearbrook, and Hammock Reserve.
The current swimming pool setbacks apply citywide and do not address any specific type of development
such as zero lot line developments. These citywide swimming pool setbacks were previously amended
in September 1992 by the City Commission to reduce the pool setback from 15' to 10' along any street in
recognition that the setback was too restrictive. The City Commission also approved the reduction of the
rear and side pool setback to 5' when the property is adjacent to at least 50' of open space.
The current request is to reduce the side interior setback within zero lot line developments from 10' to 5'.
The proposed amendment includes a provision that pools are prohibited within utility easements, unless
written approval is provided by the easement holder and a hold harmless agreement is executed.
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 above, the City Commission has approved numerous adjustments to this section of the
Land Development Regulations. This amendment will provide the appropriate regulations to address
zero lot line developments. While the amendment does not specifically further the Goals, Objectives,
and Policies of the Comprehensive Plan, it is not inconsistent with them.
~._I~
) j " '" ,'"'t1, ), ,X'HW"~W'N'*"*" , " , ,
The Planning and Zoning Board held a public hearing regarding this item at its meeting of April 19, 2004.
There was no public testimony regarding the proposed amendment. After discussing the amendment,
the Board unanimously voted 5-0 (Borchardt and Pike absent) to recommend to the City Commission
approval of the proposed amendment to Land Development Regulations Section 4.6.15(G), based upon
positive findings with respect to LDR Section 2.4.5(M).
..
,J"", "LL i hL* ",kit. 1_ '" ' , '
By motion, approve on first reading the ordinance amending Land Development Regulations Section
4.6.15(G), based upon positive findings with LDR Section 2.4.5(M), and set a public hearing on May 18,
2004.
Attachment: Planning and Zoning Memorandum Staff Report of April 19, 2004 and Proposed Ordinance
\~A
ORDINANCE NO. 24-04
AN ORDINANCE OF THE CITI COMMISSION
OF THE CITI OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SUBSECTION
4.6.15(G), "YARD ENCROACHMENT," TO
ALLOW POOLS TO EXTEND WITHIN FIVE
FEET OF THE PROPERTI LINE FOR ZERO LOT
LINE DEVELOPMENTS, EXCLUDING
PERIMETER LOTS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on , and voted _ to to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, current information and increased population require re-evaluation and adoption
of updated development standards; and
WHEREAS, periodic reviews of the Land Development Regulations to evaluate its various
provisions and propose amendments to resolve new or outstanding issues and comply with the
Comprehensive Plan, State Statutes, and Federal Law; and
WHEREAS, zero lot line developments are becoming more popular due to lack of available
land for construction; and
WHEREAS, zero lot line homes are typically built on lots which are smaller in size than normal
single family lots and setback requirements for normal residential lots may be inappropriate for zero lot
line developments and impede rather than promote quality communities; and
WHEREAS, the City Commission has determined the proposed amendment will
ensure that new zero lot line developments will be enhanced with the ability to provide better amenities
in the community; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, THAT:
SECTION 1. That Article 4.6, "Supplemental District Regulations, Subsection
4.6.15(G), "Yard Encroachment", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(G) Yard Encroachment:
(1) Swimming pools, the tops of which are no higher than grade level, may extend into
the rear, interior or street side setback areas but no closer than ten feet (1 O~ to any property line,
except as provided in subsection (2) and (4) below. Swimming pools shall not extend into the front
setback area noted in Section 4.3.4(1<.). [Amd. Ord. 41-92 9/8/92, Amd. Ord. 13-91 2/26/91]
(2) When adjacent to at least 50 feet of open space, as defined in Section
4.3.4(H)(5)(c) and (d), swimming pools at grade level may extend into the rear or interior side setback
area but to no closer than five feet (5'). [Amd. Ord.41-92 9/8/92]
(3) Although swimming pools may extend into side and rear setback areas, a screened or
other pool enclosure shall not be pennitted to encroach into such setback areas except as provided in
Section 4.3.4(H)(5)(b) and (iJ. [Amd. Ord. 41-92 9/8/92]
(4) When located in a zero lot line development. swimming pools at wade level tIll\Y
extend into the interior side setback but no closer than five feet fJ>') from the property line. A
swimming pool tIll\Y also extend no closer than five (5') from the rear property line in a zero lot line
development except along the perimeter of the development where the rear setbacks noted in Section
(G)(l) shall aPPly. exce.pt when adiacent to at least 50' of open space as provided in subsection (G)(2).
(:>) Swimming pools are prohibited in dedicated easements unless written approval of
the easement holder is obtained and a hold harmless agreement is executed.
SECTION 2. SEVERABILITY: That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a curt of 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. REPEAL OF LAWS IN CONFLICT: That all ordinances or parts of
ordinances in conflict herewith be, and the same are hereby repealed.
SECTION 4. CAPTIONS: The captions, section headings, and section designations
2 ORD. NO. 24-04
used in this ordinance are intended for the convenience of users only and shall have no effect in the
interpretation of the provisions of this ordinance.
SECTION S. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS:
The provision of this ordinance shall become and be made a part of the Land Devdopment Regulations
of Delray Beach, Florida. The Sections of the ordinance may be renumbered or re-Iettered to
accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION 6. EFFECTIVE DATE: The provisions of this ordinance shall become
effective thirty (30) days after the ordinance is adopted by the City Commission.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,2004.
MAYOR
ATIEST:
City Clerk
First Reading
Second Reading
3 ORD. NO. 24-04
MEETING DATE: APRIL 19, 2004
AGENDA ITEM: IV.F. - AMENDMENT TO LDR SECTION 4.6.15(G) TO
SWIMMING POOL LOCATION AND SETBACK
REQUIREMENTS.
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR amendment to Section 4.6.15(G) to amend the setback and location
requirements for swimming pools.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
Over the last several years the City Commission has made adjustments to setbacks for
buildings, screen enclosures, pools, etc. to accommodate the unique constraints of zero
lot line developments. These specific internal adjustments were approved for projects
like Colony Club, Old Palm Grove, Clearbrook, and Hammock Reserve.
The current swimming pool setbacks apply citywide and do not address any specific
type of development such as zero lot line developments. These citywide swimming pool
setbacks were previously amended in September 1992 by City Commission to reduce
the pool setback from 15' to 10' along any street in recognition that the setback was too
restrictive. The City Commission also approved the reduction of the rear and side pool
setback to 5' when the property is adjacent to at least 50' of open space.
The City has received a privately initiated LDR text amendment to modify the swimming
pool setback requirements. The applicant has submitted the following narrative that
describes the basis for the requested Land Development Regulation text amendment:
"The Delray Beach LOR's permit zero lot line developments. Lots in these
developments may be only 4,800 square feet in area, as opposed to the minimum of
7,500 square feet in R-1-A zoning. A zero lot line lots must be 60 feet in width (40'
interior, 60' corner). Although R-1-A lots can be 60 feet in width, their required depth of
100 feet (and minimum size of 7,500 square feet) typically makes the lot wider than 60
feet. Setback requirements for pools, however, are the same in both zoning categories.
The only exception for a reduced side or rear yard setback for a pool is when it is
adjacent to open space at least 50 feet in width.
Planning and Zoning Board Staff Report
LDR Amendment to swimming pool setback and location requirements
Page 2
Palm Beach County recognizes the typically smaller lot for a zero lot line home and
allows side and rear setbacks of 5 feet, and as small as 3 feet when on the zero lot side.
These reduced setbacks recognize the typically smaller zero lot line lot, and allow for
pools more standard in size to be built. "
The applicant correctly indicates that there are differences between the typical lot
dimensions between standard lots within standard single family residential zoning
districts and the typical zero lot line developments. The minimum lot width within the
PRD (Planned Residential Development) zoning district is 40' as opposed to the 60'
minimum lot width within the R-1-A (Single Family Residential) zoning district. The
City's "one-size-fits-all" swimming pool setback requirements do not provide appropriate
setbacks between the various zoning districts. These setbacks should be designed to
provide the appropriate swimming pool setbacks based on the lot configurations. The
applicant has also requested in cooperation with staff that the rear setback for pools in
zero lot line development be reduced from 10' to 5'. However, there is a concern that
incompatibility may be created along the perimeter when a zero lot line development
abuts another development that has a 1 0' rear yard swimming pool setback.
Consequently, the proposed LDR text amendment provides for retention of the existing
10' rear setback along the perimeter of a zero lot line development. Additional relief
currently exists and is being retained for those perimeter lots that have rear lot lines that
abut at least 50' of open space.
The proposed text amendment stipulates that swimming pools are prohibited within
dedicated easements. However, relief is provided when written approval of the
easement holder is provided and a hold harmless agreement is executed.
The City has approved internal adjustments for pools within existing zero lot line
developments. The side pool setback was reduced to 5' for Hammock Reserve. A few
of the lots were granted relief from the rear pool setback of up to 7'. The side pool
setback for the Colony Club at Delray Beach (fka Winterplace PUD) was reduced from
10' to 5'. The rear setback was reduced from 10' to 5' for most lots and 3' 8" for a few
lots that were adjacent to 50' of open space.
Similar Swimmina Pool Setback In Other Jurisdictions:
The following comparison of swimming pool regulations for zero lot line developments of
other jurisdictions was conducted:
Government Rear Side Side Front
street
Palm Beach District setback District setback 15' 25'
Gardens (10' maximum)
West Palm Beach 5' 5' (interior) 15' Not allowed
(Special zll 5' (zero side)
requirements)
Planning and Zoning Board Staff Report
LDR Amendment to swimming pool setback and location requirements
Page 3
Government Rear Side Side Front
street
Jupiter 10.5' 18' 28'
Boca Raton 10' 15' 25'
Palm Beach 5' 13' 13'
County
LOR Section 2.4.5(MI(51 (Findinasl: Pursuant to LOR Section 2.4.5(M)(5)
(Findings), in addition to LOR Section 1.1.6(A), the City Commission must make a
finding that the text amendment is consistent with and furthers the Goals,
Objectives and Policies of the Comprehensive Plan.
COMPREHENSIVE PLAN POLICIES:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there
are no applicable goals, objectives or policies noted. While the amendment does not
specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is
not inconsistent with them.
I
Courtesv Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
0 PROD
0 President's Council
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
The City's has experienced requests for internal adjustments for pool rear and side
setbacks in almost every zero lot line development. The City's current pool setback
requirements do not adequately address the narrower lot size parameters for zero lot
line developments. The proposed setback reduction will allow the installation of a
Planning and Zoning Board Staff Report
LDR Amendment to swimming pool setback and location requirements
Page 4
typical pool without having an impact on the intensity of a development or adjacent
properties. The restriction on the rear setbacks for perimeter lots in a zero lot line
development will ensure that compatibility with adjacent developments will be
maintained. In order to provide appropriate relief from some perimeter lots, the rear
setback may be reduced to 5' for those lots that have a minimum of 50' of open space.
The proposed text amendment will prohibit swimming pools within easements unless
approval is provided by the easement holder and a hold harmless agreement is
executed. A positive finding can be made with respect to LDR Section 2.4.5(M)(5).
I
By motion, recommend to the City Commission approval of the amendment to Land
Development Regulation Section 4.6.15(G) regarding the spatial requirements for
swimming pools as noted in Exhibit "A," based upon positive findings with respect to
LDR Section 2.4.5(M).
Attachments:
. Exhibit "A" - Proposed Ordinance
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # \Q-a _ REGULAR MEETING OF MAY 18. 2004
ORDINANCE NO. 25-04 (AMENDING T nR SECTIONS 2.2.3(JJ) AND
2.2.6(B)
DATE: MAY 14, 2004
nus ordinance is before Commission for second reading and public hearing to amend Land
Development Regulations (LDR) Sections 2.2.3(B) and 2.2.6(B) regarding the composition and special
qualifications for the Site Plan Review and Appearance Board and the Historic Preservation Board.
nus LDR amendment is being processed to ensure adequate representation by members with a
discipline detennined to be critical to the conduct of the Board's business. Members of various
boards need to appear in front of their respective boards from time to time, as their business requires
that they seek approval from these boards. If these members are unable to present or represent their
items, it will be difficult to retain qualified applicants for the City's various land development boards.
However, if there is a requirement for a board member to have a certain background and experience,
those members appointed to meet that requirement are exempted per State Statutes and thus, the
potential conflict is removed. Current Board members that meet these qualifications shall assume one
of the five designated seats. If there are more than five members that currently meet the
qualifications, then the most senior members shall assume one of the five designated seats.
The Planning and Zoning Board held a public hearing regarding this item. There was no public
testimony. After reviewing this amendment, the Board voted 4-1 to recommend to the City
Commission approval of the proposed amendment, based upon positive findings with respect to
LDR Section 2.4.5(M).
At the first reading on May 4, 2004, the City Commission passed the Ordinance No. 25-04.
Recommend approval of Ordinance No. 25-04 on second and final reading.
&\C;ty CIetk\agenda m<mo8\o.d.2S.04.05.18.04
....-
o~
. e1
---
TO: DAVID T. HARDEN, CITY MANAGER -(A<:-
THRU: PAUL DORLING, DIRECTOR OF PLA
FROM: JEFFREY A. COSTELLO, ASSIST
SUBJECT: MEETING OF MAY 4, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTIONS 2.2.3(B)
AND 2.2.6(B) REGARDING THE COMPOSITION AND SPECIAL QUALIFICATIONS
FOR THE SITE PLAN REVIEW AND APPEARANCE BOARD AND THE HISTORIC
PRESERVATION BOARD.
This LDR amendment is being processed to ensure adequate representation by members with a
discipline determined to be critical to the conduct of the Board's business. Members of various boards
need to appear in front of their respective boards from time to time, as their business requires that they
seek approval from these boards. It appears that there may be a conflict with board members
representing their items before the board they currently serve on. If these members are unable to
present or represent their items, it will be difficult to retain qualified applicants for the City's various land
development boards. However, if there is a requirement for a board member to have a certain
background and experience, those members appointed to meet that requirement are exempted per
State Statutes and thus, the potential conflict removed. Current board members that meet these
qualifications shall assume one of the five designated seats. If there are more than five members that
currently meet the qualifications, then the most senior members shall assume one of the five
designated seats. The specific changes are provided in the attached ordinance.
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and
Policies of the Comprehensive Plan, it is not inconsistent with them.
Plannina and Zonina Board: The Planning and Zoning Board held a public hearing regarding this
item at its meeting of a April 19, 2004. There was no public testimony regarding the amendment. After
discussing the amendment, the Board voted 4-1 (Peltzie dissenting, Borchardt & Pike absent) to
recommend to the City Commission approval of the proposed amendment, based upon positive
findings with LOR Section 2.4.5(M). Mr. Peltzie felt the Board make-up should include more lay
persons. Given the duties of HPB and SPRAB, the balance of the Board supported the proposed
amendment.
Historic Preservation Board At its meeting of April 21, 2004, the HPB voted 5 to 1 (Schatz
dissenting, Miller absent) to recommend approval of the LDR amendment. Ms. Schatz did not feel it
was appropriate for Board members to present their items to the Board.
Site Plan Review and Appearance Board: At its meeting of April 28, 2004, the SPRAB unanimously
recommended approval of the amendment. However, the Board expressed concerns with the lack of
lay persons.
By motion, approve on first reading the ordinance amending amendment to LOR Sections 2.2.3(B)(2)
and 2.2.6(B)(2), based upon positive findings with respect to LOR Section 2.4.5 (M) and set a public
hearing date of May 18, 2004. \ a-B
ORDINANCE NO. 25-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SUBSECTION 2.2.3(B), "COMPOSITION AND SPECIAL QUALIFICATIONS"
AND SUBSECTION 2.2.6(B), "COMPOSITION AND SPECIAL
QUALI FICA TIONS"; PROVIDING A REPEALER CLAUSE; PROVIDING
A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is in the best interest of the City to retain qualified applicants for its
various land development boards; and
WHEREAS, the Commission realizes that members of its various boards need to
appear in front of their respective boards from time to time as their business requires that
they seek approval from these boards; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed
the proposed text amendment at a public hearing held on April 19, 2004, and voted 4 to 1 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is consistent
with and furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, Current board members that meet these qualifications shall assume one
of the five designated seats. If there are more than five members that currently meet the
qualifications then the most senior members shall assume one of the five designated seats.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2.2.3, "The Site Plan Review and Appearance Board,"
Subsection 2.2.3(B), "Composition", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
Section 2.2.3 The Site Plan Review and Appearance Board
(B) Composition and Special Qualifications:
(1 ) The Site Plan Review and Appearance Board shall consist of seven
regular members.
(2) ORe re!jlllar memBer ef tRe 8eaFEl GRail Be a F8!jiGtereEl a r-sRiteGt; eRe
m0FABOr shall be a 13n8EGa(39 :arshitect or a JJ9F&OR '.'JitR OKr;>Brtis8 iA 13nd&GCI(3iR€j or
horticbllture; :and one momber Eh311 Be eitRer a FeQistoreEt :architect Sf a FOQistereEt
profeGsienal si'/il eR!jiReer. Each of five seats on the board must be filled with either
an architect, landscape architect. realtor/real estate broker. civil enaineer. aeneral
-------...--
contractor. sion contractor. land planner or interior desioner. The remainino two seats
shall be at laroe. The appointino bod v shall endeavor to appoint as manv disciplines
as possible to the board.
Section 2. That Section 2.2.6, "The Historic Preservation Board," Subsection 2.2.6(B),
"Composition and Special Qualifications", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
Section 2.2.6 The Historic Preservation Board
(B) Composition and Special Qualifications:
(1 ) The Historic Preservation Board shall consist of seven members.
(2) To the extent that Sl,jSA l'leFSens al'll'lly, the City CemR'lissien shall al'll'leint
I'lFOfessienal memeers fr.gm the dissil'llin9s ef arshitestl,jr-El, landssal'le aFGhitestl,jr-El,
hif:tQry, 3rchitoctl:Jr:1I hister)', licQASod CQRtr3Gter f3miliar v./ith rester3tion, r;l13nrlirlQ,
arshaeology, er ethor historic I'lreser\<atien related dissil'llines Sl,jSA as design, l,jrean
pl:JAAing, .^.meriCQA EtblElieE, ArnoriG::lA civiliz::ltiQn or cl:Jltblral gOQgra~hy. Each of five
seats on the board must be filled with either an architect. landscape architect,
realtor/real estate broker. civil enoineer. oeneral contractor. architectural historian.
preservationist, land planner or interior desioner. The appointino bod v shall endeavor
to appoint as manv disciplines as possible to the board. Lay persons of knowledge,
experience and judgment who have an interest in historic preservation shall make up
the balance of the Board. Preference should be given to professional and lay persons
who own property within historic districts or whose property is individually listed in the
Local Register of Historic Places.
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 operate to invalidate the remainder hereof.
Section 5. That this ordinance shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 1
SUBJECT: AGENDA ITEM # \ oc.. - REGULAR MEETING OF MAY 18. 2004
ORDINANCE NO. 28-04 (AMENDING CHAPTER 35. "EMPLOYEES
POLICIES AND BENEFITS". SECTION 35.105. "ADMINISTRATION BY
RETIREMENT COMMITTEE")
DATE: MAY 14,2004
This ordinance is before Commission for second reading and public hearing to amend Chapter 35,
"Employee Policies and Benefits", Section 35.105, "Administration by Retirement Committee", by
amending Section 35.105(A)(1), to provide for the naming of the position of Finance Director as a
member of the board.
At the first reading May 4, 2004, the Commission passed Ordinance No. 28-04.
Recommend approval of Ordinance No. 28-04 on second and final reading.
S,\City Cl.,k\agenda memo.om 28.04. GenemI Employe" Retirement Pion 05.18.04
[ITY OF DELIAY BEA[H ~
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
Write(s Direct Line: 561/243-7091
DELIlA Y BEACH
, l 0 . I D A
b:e:d
U.AmerIca CIty MEMORANDUM
~'II'! DATE: April 23, 2004
TO: City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance No. 28-04 - Amending the General Employees
Retirement Plan
This ordinance seeks to address the matter raised in Attorney General Opinion
2004-05, wherein membership on City boards by a person deemed to be a public
officer is allowed, if the position is specified in the ordinance as being required as
part of the membership.
W !hI, o""oaooe 00 tha May 4, 2004 ageo'a '" fim ..adlo,.
Attachment
Cc: Barbara Garito, City Clerk
Jeff Keating, Chairperson, General Employee Pension Board
Joe Safford, Director of Finance
Sherry Muehlberg, Administrative Assistant
, ac-
ORDINANCE NO. 28-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SECTION 35.105, "ADMINISTRATION BY
RETIREMENT COMMITIEE BY AMENDING SECTION 35.105(A)(1), TO
PROVIDE FOR THE NAMING OF THE POSITION OF FINANCE
DIRECTOR, AS A MEMBER OF THE BOARD AND PROVIDING THAT
THE FOUR OTHER MEMBERS MAY BE CITY OFFICIALS OR
EMPLOYEES AND SHALL BE APPOINTED BY THE CITY COMMISSION,
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the Attorney General in Opinion 2004-05, addresses the issue of ex officio
membership on boards; and,
WHEREAS, this amendment is intended to conform the City's ordinance to the Attorney
General's Opinion.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH AS FOllOWS:
Section 1. That Section 35.105 of the Code of Ordinances of the City of Delray Beach is
hereby amended by amending Section 35.105(A)(1) to read as follows:
(A) [Retirement Committee Established]
(1) The plan will be administered by the Retirement Committee (herein referred
to as the Committee) appointed by the City Commission, consisting of a Chairperson and four (4)
additional members. One member shall be the Finance Director of the City. Each member may,
but need not, be an official or employee of the City, and each member shall be appointed by the
City Commission to serve until a successor is appointed in like manner.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That this ordinance shall become effective 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 ,2004
MAYOR
ArrEST:
City Clerk
First Reading
Second Reading
2 ORD. NO. 28-04
.'
LEWIS, loNGMAN &WALKER, PA
ATTORNEYS AT LAW
Helping Shape
Florida's Future- REPL v To: TALLAHASSEE
-
EIUc ASH
KJuSTIN K.1lENNErr MEMORANDUM
W. o. BlRcIlFWJl
WILLIAM G. CAPIro
ERIN DEADY
M1cJm.u: DIP.lNDEIlFER TO: Susan Ruby, City Attorney
ROBERT P. DuFENDEIlFER
KENNETH W. DoDGE City ofDelray Beach
AMY M. DUKES
BRENNA MALOUF DURDEN FROM: Jim Linn and Glenn Thomas
KOSI. YNN M. FERGUSON
WAYNE E. FLoWERS
JoHN W. FOREHAND DATE: Apri19,2004
WALTER E. FOREHAND
JOHN J. FvMno
MELISSA GJIOSS..ARNOLD RE: Pension Board Members: Dual Office Holding
KEVIN S. HENNESSY
BRUCE B. HuMPIIIlEY
R. STEVEN LEWIS A recent Florida Attorney General Opinion (2004-05) addresses the issue of
TEuv E. LEWIS
JAMES W. LINN whether a city council member may serve on one or more of the city pension
ANNE LoNGMAN boards and whether members of one pension board may simultaneously serve
M. CHRISTOPHER LYON
DAVID E. RAMBA on another pension board. This memo considers the application of that opinion
KENNE1lI G. SPlLLIAS to Delray Beach Pension Plans. The City's plans provide for pension board
EDWIN A. STEINMEYER
GLENN E. THoMAS membership as follows:
STEPHEN A. W ALKEIl
City of Delray Beach General Employees' Retirement Plan
WWW.Uw-'aw.com
The plan will be administered by the Retirement Committee (herein referred to
JadsalrVl/k OJ1la as the Committee) appointed by the City Commission, consisting of a
9428 BaymeadOlt's Road Chairperson and four (4) additional members. Each member may, but need
Suite 6~ not, be an official or employee of the City, and each member shall be
Jacksonville, Florida 32256
(904) 737-2020 appointed by the City Commission to serve until a Successor is appointed in
F..: (904) 737-3221 like manner. Section 35.105, Delray Beach City Code.
TaIIIIIIassu Ojf/a The City of Delray Beach Police and Firefighters' Retirement Plan
Post OIIke Bo. 10788 (32302)
125 South CadsdeD Strftt
Suite 300 The general administration and responsibility for the proper operation of the
T.n.b...... Florida 32301
(850) 222-5702 retirement system and for making effective the provisions of this subchapter
F..: (850) 224-9242 are vested in a Board of Trustees consisting of nine (9) persons as follows:
(1) The Mayor;
w... Paboo Bed OJ1la (2) Two (2) public members to be appointed by City Commission as
1700 Palm Beocb La.... hereinafter provided;
Boulev.rd, Saito 1000
West Palm Beach, Florida (3) The Fire Chief or, in the event of the Fire Chiefs termination of
.lJ401 participation in the system, a firefighter designated by the Fire Chief;
(5<>1) 640-0820
F..: (5<>1) 640-8202
.
Memorandwn
April 9, 2003
Page 2
(4) The Police Chief or, in the event of the Police Chief's temtination of participation in the
system, a police officer designated by the Police Chief;
(5) Two (2) members of the Fire Department to be elected as hereinafter provided;
(6) Two (2) members of the Police Department to be elected as hereinafter provided.
Section 33.65, Delray Beach Code
Analysis
The Florida Constitution generally prohibits a person from serving on more than one state,
county, or municipal office simultaneously. Specifically, Article II, Section 5(a), Florida
Constitution states: ''No person shall hold at the same time more than one office under the
government of the state and the counties and municipalities therein, except. ..any officer may be
a member of a.. . statutory body having ouly advisory powers." In AGO 2004-5, the Attorney
General points out that underlying this provision is the concern that a conflict of interest will
arise by dual office-holding when the duties of the office are inconsistent. However, the opinion
concludes that when additional duties are assigned to a constitutional officer and there is no
inconsistency between duties, the prohibition on dual office-holding would not preclude such an
assignment.
The First District Court of Appeal held that there is nothing inherently inconsistent or
incompatible in service by elected or appointed city officials as representatives on the city's
pension boards so as to say that it preswnptively violates the prohibition against dual office-
holding in Article II, Section 5(a). Citv of Orlando v. Deoartment of Insurance, 528 So. 2d 468
(Fla. 1 st DCA 1988).
In the past, the Attorney General has stated that a board of county commissioners may by
ordinance designate the members of the county commission to serve as members of a board of
adjustment when the additional duties are imposed on the commissioners by virtue of their
membership on the county commission. AGO 94-66. The AG has also concluded that service
by a mayor and other city council members on the board of trustees of a police and firefighter
pension board did not violate the constitutional prohibition against dual office-holding where the
city code required such service. AGO 94-98.
According to AGO 2004-5, the express imposition of an additional or ex officio duty on a city
official is the central factor in determining whether there is constitutionally prohibited dual
office-holding. The city code at issue in AGO 2004-5 states that members of the board of
trustees of the general employees' retirement system "shall be pennitted to serve on any other
board duly formed by the city." The opinion concludes that this language is insufficient to
impose on members of the general employees pension board the ex officio duties of serving on
another board that constitutes an office for purposes of dual office-holding. Similarly, because
nothing in the code imposes on members of the police or firefighter pension boards the duty to
,
Memorandum
April 9, 2003
Page 3
serve 0 n another pension board, the simultaneous service by such board members 0 n another
board would violate the prohibition on dual office-holding.
However, the city code addressed in AGO 2004-05 does impose ex officio duties on a city
council member to serve on the general employees pension board, where the code provides that
'The board of trustees of the city general retirement system consists of: (I) One member of the
city council to be appointed by the city council." Therefore, a city council member appointed by
the city council may serve on the board of trustees of the general employees' retirement fund
without violating the prohibition on dual office-holding.
Conclusion
In our opinion, the language in the General Employees' Retirement Plan is not sufficiently clear
and unambiguous as to impose ex-officio duties on a specific City official to serve on the
retirement committee. Therefore, the plan should be amended if the City desires that elected or
appointed officials be appointed to that committee. It is our understanding that the City Finance
Director is considered to be an officer of the City, and currently serves on the retirement
committee. Accordingly, the plan should be amended to specify that the Finance Director is a
member of the committee.
The language of the Police and Firefighters' Retirement Plan ~ in our opinion, sufficient clear
as to impose ex-officio duties on the Mayor to serve as a member of that pension board without
violating the prohibition against dual office-holding
Please call if you have any further questions regarding this matter.
, ., .. iA
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
DELRA Y BEACH MEMORANDUM
, L 0 . I P ...
bad DATE: May 11, 2004
U.AmIrIcI City
~IU! TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Florida Blacktop. Inc. v. Citv of Delrav Beach
The purpose of this memorandum is to call for a closed attorney-client session
pursuant to Florida Statutes 9286.011 (8) for the May 18, 2004 City Commission
meeting to discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
Law requires strict compliance with Florida Statutes 9286.011 (8). Therefore, prior
to the commencement of the closed attorney-client session, the Mayor should read
the following:
"The City has scheduled a closed attorney-client session pursuant to
Florida Statutes 9286.011 (8) in the case of Florida Blacktop, Inc. v.
City of Delray Beach. The estimated length of the closed session shall
be 20 minutes. The following persons will be attending: Mayor Jeff
Perlman, Commissioners Pat Archer, Alberta McCarthy, Jon Levinson
and Robert Costin, City Manager David Harden, City Attorney Susan
Ruby, attorneys Malcolm Cunningham and John Hockin and a certified
court reporter."
After the closed session is over, the Mayor should announce that the regular meeting
is reopened, and the closed session is terminated.
By copy of this memorandum to David Harden, our office requests that the agenda be
prepared giving reasonable public notice of the time and date of the closed attorney-
client session for May 18, 2004 and that the agenda item include the name of the
case, the names set forth above of those persons attending the session, and identify
the item as a closed door session pursuant to Florida Statutes 9286.011. Our office
will arrange for a court reporter to be present as required by statute. Attached is a
copy of Fla. Stat. 9286.011.
~
avid Harden, City Manager
Barbara Garito, City Clerk
\~
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Statutes & Constitution :View Statutes :->2003->Ch0286->Section 011 : flsenate.gov Page 1 of2
Select Year: 12003 ~ ~
The 2003 Florida Statutes
-"-.
Title XIX Chapter 286 View Entire
PUBLIC PUBLIC BUSINESS: MISCELLANEOUS Chapter
BUSINESS PROVISIONS
286.011 Public meetings and records; public inspection; criminal and civil penalties.--
(1) All meetings of any board or commission of any state agency or authority or of any agency or
authority of any county, municipal corporation, or political subdivision, except as otherwise
provided in the Constitution, at which official acts are to be taken are declared to be public
meetings open to the public at all times, and no resolution, rule, or formal action shall be
considered binding except as taken or made at such meeting. The board or commission must
provide reasonable notice of all such meetings.
(2) The minutes of a meeting of any such board or commission of any such state agency or
authority shall be promptly recorded, and such records shall be open to public inspection. The
circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this
section upon application by any citizen of this state.
(3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal
infraction, punishable by fine not exceeding $500.
(b) Any person who is a member of a board or commission or of any state agency or authority of
any county, municipal corporation, or political subdivision who knowingly violates the provisions of
this section by attending a meeting not held in accordance with the provisions hereof is guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Conduct which occurs outside the state which would constitute a knowing violation of this
section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Whenever an action has been filed against any board or commission of any state agency or
authority or any agency or authority of any county, municipal corporation, or political subdivision
to enforce the provisions of this section or to invalidate the actions of any such board, commission,
agency, or authority, which action was taken in violation of this section, and the court determines
that the defendant or defendants to such action acted in violation of this section, the court shall
assess a reasonable attorney"s fee against such agency, and may assess a reasonable attorney's fee
against the individual filing such an action if the court finds it was filed in bad faith or was
frivolous. Any fees so assessed may be assessed against the individual member or members of such
board or commission; provided, that in any case where the board or commission seeks the advice of
its attorney and such advice is followed, no such fees shall be assessed against the individual
member or members of the board or commission. However, this subsection shall not apply to a
state attorney or his or her duly authorized assistants or any officer charged with enforcing the
provisions of this section.
(5) Whenever any board or commission of any state agency or authority or any agency or authority
of any county, municipal corporation, or political subdivision appeals any court order which has
found said board, commission, agency, or authority to have violated this section, and such order is
affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board,
commission, agency, or authority. Any fees so assessed may be assessed against the individual
member or members of such board or commission; provided, that in any case where the board or
commission seeks the advice of its attorney and such advice is followed, no such fees shall be
assessed against the individual member or members of the board or commission.
http://www.flsenate.gov/Statutes/index.cfm?p=2&App _ mode=Display _ Statute&Search _ St... 5/11/2004
, . Statutes & Constitution :View Statutes :->2003->Ch0286->Section 011 : flsenate.gov Page 2 of2
(6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or
location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status
or which operates in such a manner as to unreasonably restrict public access to such a facility.
(7) Whenever any member of any board or commission of any state agency or authority or any
agency or authority of any county, municipal corporation, or political subdivision is charged with a
violation of this section and is subsequently acquitted, the board or commission is authorized to
reimburse said member for any portion of his or her reasonable attorney's fees.
(8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency
or authority or any agency or authority of any county, municipal corporation, or political
subdivision, and the chief administrative or executive officer of the governmental entity, may
meet in private with the entity's attorney to discuss pending litigation to which the entity is
presently a party before a court or administrative agency, provided that the following conditions
are met:
(a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice
concerning the litigation.
(b) The subject matter of the meeting shall be confined to settlement negotiations or strategy
sessions related to litigation expenditures.
(c) The entire session shall be recorded by a certified court reporter. The reporter shall record the
times of commencement and termination of the session, all discussion and proceedings, the names
of all persons present at any time, and the names of all persons speaking. No portion of the session
shall be off the record. The court reporter"s notes shall be fully transcribed and filed with the
entity.s clerk within a reasonable time after the meeting.
(d) The entity shall give reasonable public notice of the time and date of the attorney-client
session and the names of persons who will be attending the session. The session shall commence at
an open meeting at which the persons chairing the meeting shall announce the commencement and
estimated length of the attorney-client session and the names of the persons attending. At the
conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing
the meeting shall announce the termination of the session.
(e) The transcript shall be made part of the public record upon conclusion of the litigation.
History.--s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91-224; s.
1, ch. 93-232; s. 210, ch. 95.148; s. 1, ch. 95-353.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright <02000.2003 State of Florida. Privacy Statement.
http://www.flsenate.gov/Statutes/index.cfm?p=2&App _ mode=Display _ Statute&Search __ St... 5/11/2004
- J LEWIS, LONGMAN &WALKER, EA.
.
ATTORNEYS AT LAW
HELPING SHAPE REPLY To: TALLAHASSEE
FLORIDA'8 FUTURE@
www.l1w-Iaw.com
August 17, 2004
Ms. Susan A. Ruby
City Attorney
City of Delray Beach
200N.W. 1st Avenue
Delray Beach, FL 33444
Re: Police Officers' and Firefighters' Retirement Plan - Proposed Ordinance
Providing an Enhanced Multiplier Option for DROP Participants and Retirees
Dear Susan:
It has come to our attention that concerns have been raised about the proposed ordinance
amending the Police Officers' and Firefighters' Retirement Plan to provide an enhanced
multiplier option for DROP participants and retirees. Specifically, plan actuary Steve Palmquist,
based on information he received from another member of his firm, has questioned whether an
enhanced multiplier option for DROP participants and retirees is permissible under applicable
provisions of the Internal Revenue Code, and if it is, whether a rollover or direct transfer from
another qualified plan may be used to purchase the enhanced multiplier. We have spoken to the
person in Steve's firm who raised this concern, and have done some preliminary legal research
on these issues. Based on our research, we have concluded that DROP participants and retirees
would not be able to purchase the enhanced multiplier using a rollover or direct transfer from
another qualified plan. However, we have not yet reached a conclusion as to whether the
enhanced multiplier option for DROP participants and retirees is permissible under the Internal
Revenue Code. Further research on this issue will be necessary.
Accordingly, we recommend that the City defer consideration of the proposed ordinance
until we complete our research and analysis of the legal issues. We anticipate that our research
and analysis will be completed within the next two weeks.
Bradenton Jacksonville Tallahassee West Palm Beach
]001 3rd Avenue West 9428 Baymeadows Road Post Office Box 10788 (32302) 1700 Palm Beach Lakes Blvd.
Suite 670 Suite 625 125 South Gadsden Street, Suite 300 Suite 1000
Bradenton, FL 34205 Jacksonville, FL 32256 Tallahassee. FL 3230 I West Palm Beach, FL 33401
(941) 708-4040 (904) 737-2020 (850) 222-5702 (561) 640-0820
Fax: (941) 708-4024 Fax: (904) 737-3221 Fax: (850) 224-9242 Fax: (561) 640-8202
~... ' ,~. -t\ -~\\'U\
,
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August 17, 2004
Page 2
Please call me if you have any questions concerning this matter.
With best regards, I am
Sincerely,
James W. Linn
JWL/es