09-20-11 Regular MeetingCity of Delray Beach
Regular Commission Meeting
RULES FOR PUBLIC PARTICIPATION
Tuesday,
September 20,
2011
Regular
Meeting 6:00
p.m.
Public
Hearings 7:00
p.m.
Delray Beach
City Hall
1. PUBLIC COMMENT : The public is encouraged to offer comments with t he order
of presentation being as follows: City Staff, publi c comments, Commission discussion
and official action. City Commission meetings are b usiness meetings and the right to
limit discussion rests with the Commission. Generally, remarks by an individual
will be limited to three minutes or less . The Mayor or presiding officer has discretion
to adjust the amount of time allocated.
A.Public Hearings: Any citizen is entitled to speak o n items under this section.
B.Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is
entitled to be heard concerning any matter within t he scope of jurisdiction of the
Commission under this section. The Commission may w ithhold comment or
direct the City Manager to take action on requests or comments.
C.Regular Agenda and First Reading Items: Public inpu t on agendaed items, other
than those that are specifically set for a formal p ublic hearing, shall be allowed
when agreed by consensus of the City Commission.
2. SIGN IN SHEET : Prior to the start of the Commission Meeting, ind ividuals
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 n ot 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. Th erefore, 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 in dividuals. Any person making
impertinent or slanderous remarks or who becomes bo isterous while addressing the
Commission shall be barred by the presiding officer from speaking further, unless
permission to continue or again address the Commiss ion is granted by a majority vote
of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appea l 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 N.W. 1st
Avenue Delray
Beach, FL
33444
Phone: (561)
243-7000
Fax: (561) 243-
3774
The City will furnish auxiliary aids and services t o afford an individual with a
disability an opportunity to participate in and enj oy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24
hours prior to the event in order for the City to a ccommondate your request.
Adaptive listening devices are available for meetin gs in the Commission
Chambers.
REGULAR MEETING AGENDA
1. ROLL CALL
2. INVOCATION
3. PLEDGE OF ALLEGIANCE TO THE FLAG
A.NONE
4. AGENDA APPROVAL
5. APPROVAL OF MINUTES:
A.August 30, 2011 - Workshop Meeting
B.September 6, 2011 – Regular Meeting
6. PROCLAMATIONS:
A.NONE
7. PRESENTATIONS:
A.RESOLUTION NO. 31 -11: Approve Resolution No. 31 -11 recognizing and
commending Vivian Mitchell for 30 years of dedicate d service to the City of Delray
Beach.
B.Saint Patrick ’s Day Presentation – Nancy Stewart -Franczak
C.International City/County Management Association Video - City of Delray Beach and
School District of Palm Beach County Partnership
8. CONSENT AGENDA: City Manager Recommends Approval
A.
REQUEST FOR SIDEWALK DEFERRAL/1005 BUCIDA ROAD: Approve a
request to defer the installation of a sidewalk alo ng Bucida Road and Seasage Drive
for property located at 1005 Bucida Road.
B. ADDITIONAL SCOPE/FOSTER MARINE CONTRACTORS, INC./S.W. 12 TH
AVENUE/AUBURN/S.W. 14 TH AVENUE PROJECT: Approve additional scope with
Foster Marine Contractors, Inc. in the amount of $2 4,710.41 for relocation of twelve
(12) sewer laterals from S.W. 2 nd Street to 3 rd Street, two (2) additional street light
poles and 72 LF of concrete ribbon. Funding is avai lable in the contract's Unforeseen
Conditions Allowance for the S.W. 12 th Avenue/Auburn Avenue/ S.W. 14 th Avenue
Project .
C. SERVICE AUTHORIZATION NO. 07 -04.2/MOCK, ROOS &
ASSOCIATES: Approve Service Authorization No. 07 -04.2 with Mock, Roos &
Associates in the amount of $24,072.50 for adding more alley design to the N.W. 12 th
Avenue -Atlantic to Martin Luther King Jr. Drive Project. F unding is available from
334 -3162 -541 -68.60 (General Construction Fund: Other Improvement /N.W. 12 th
Avenue - Atlantic/MLK) and 448 -5461 -538 -68.60 (Storm Water Utility Fund: Other
Improvement/N.W. 12 th Avenue -Atlantic/MLK).
D. CHANGE ORDER NO. 1/BRANG CONSTRUCTION, INC.: Approve Change Order
No. 1 (C.O. No. 1) with Brang Construction, Inc. in the amount of $1,548.30 for
additional excavation and flatwork required at Bus Stop No. 8 to meet ADA
requirements for the ARRA Bus Shelters Project and for a contract time extension of
fourteen (14) days. Funding will be provided throug h the Contract's Contingency
Allowance.
E. SITE DEDICATION/FLORIDA INLAND NAVIGATION DISTRICT
(F.I.N.D)/FLORIDA FISH AND WILDLIFE CONSERVATION CO MMISSION:
Approve a site dedication with the Florida Fish and Wildlife Conservation
Commission and the Florida Inland Navigation Distri ct (F.I.N.D) regarding the
modifications to the Mangrove Park boat ramps, as r equired by the grant agreement
with both agencies.
F. AMENDMENT NO. 4 TO THE AGREEMENT/QUALITY TRANSPORT
SERVICES, INC./DOWNTOWN ROUNDABOUT SHUTTLE SYSTEM: Approve
Amendment No. 4 to the Agreement with Quality Trans port Services, Inc. to extend
the agreement under the same terms and conditions c urrently in place.
G. REQUEST TO ATTEND THE CHICK -FIL -A LEADERCAST WORKSHOP:
Approve a request for Dot Bast, Training and Develo pment Manager, to attend the
Chick -Fil -A Leadercast Workshop sponsored by Giant Impact.
H. RESOLUTION NO . 38 -11: Approve Resolution No. 38 -11 to authorize the sale of
Delray Beach Water and Sewer Revenue Refunding Bond s, Series 2011A.
I. PARKS AND RECREATION FEE CHANGES: A pproval of the proposed Parks and
Recreation Fee Changes for FY 11/12.
J. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1)
Housing Rehabilitation contract award through the C ommunity Development
Division to the lowest responsive bidder for 2561 B essie Street to Built Solid
Construction, LLC in the amount of $33,628.10. Fund ing is available from 118 -1963 -
554 -49.19 (Neighborhood Services: Other Current Charges /Housing Rehabilitation).
K. WORKFORCE HOUSING COVENANT AGREEMENT/FLORANDA MHP, LLC./
NEW CENTURY EXECUTIVE QUARTERS, LLC.: Approve a Workforce Housing
Covenant Agreement between the City of Delray Beach and the Floranda MHP, LLC
and New Century Executive Quarters, pursuant to the requirements under Section
4.7 of the Land Development Regulations.
L. D.U.I. GRANT AWARD/FLORIDA DEPARTMENT OF
TRANSPORTATION: Approve accepting a grant award from the Florida
Department of Transportation (FDOT) in the amount o f $22,352.00 for funding the
Police Department ’s Driving Under the Influence (D.U.I.) program. Fun ding is
available for the local match from various budgetar y accounts.
M. MAINTENANCE AGREEMENT/CONTROL COMMUNICATIONS, INC.:
Approve a Maintenance Agreement with Control Commun ications, Inc. in the
amount of $25,296.00 for maintenance of the XTS3000 portable radios used by police
officers. Funding is available from 001 -2111 -521 -46.20 (General Fund: Repair &
Maintenance Services/Equipment Maintenance).
N. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES: Approve an
Interlocal Agreement with the Community Redevelopme nt Agency (CRA) for the
funding of construction costs and professional serv ices for certain projects as listed on
Exhibit “A ” attached to the Agreement for FY 2011 -2012 .
O. INTERLOCAL AGREEMENT: COMMUNITY REDEVELOPMENT AGENC Y,
SPONSORSHIP OF TENNIS TOURNAMENTS: Approve an Interlocal Agreement
with the Community Redevelopment Agency (CRA) for s ponsorship of City tennis
tournaments for FY 2011 -2012.
P. INTERLOCAL AGREEMENT: COMMUNITY REDEVELOPMENT
AGENCY/STREETSCAPE BEAUTIFICATION LANDSCAPE
MAINTENANCE: Approve an Interlocal Agreement with the Community
Redevelopment Agency (CRA) for Streetscape Beautification Landscape
Maintenance.
Q. INTERLOCAL AGREEMENT: COMMUNITY REDEVELOPMENT AGENC Y
(CRA)/HOUSING REHAB INSPECTOR POSITION: Approve an Interlocal
Agreement with the Community Redevelopment Agency (CRA) to fu nd 50% of the
Housing Rehab Inspector Position in the Neighborhoo d Services Division of the
Community Improvement Department.
R.
FOURTH AMENDMENT TO THE DECLARATION OF RESERVED RIG HTS
AND AGREEMENT NOT TO ENCUMBER N.E. 7 TH AVENUE RELATED TO
THE ATLANTIC PLAZA PROJECT: Approve the Fourth Amendment to the
Declaration of Reserved Rights and Agreement not to Encumber N.E. 7 th Avenue
regarding the abandonment and relocation of N.E. 7 th Avenue between N.E. 1 st Street
and East Atlantic Avenue, to extend the time frame to obtain site plan certification by
180 days.
S. SPECIAL EVENT REQUEST/44 TH ANNUAL ST. PATRICK ’S DAY PARADE
AND PARTY:Approve a special event request for the 44 th Annual St. Patrick ’s Day
Parade and Party on Saturday, March 17, 2012, begin ning with setup at 11:30 a.m.,
parade starting at 2:00 p.m. and ending at approxim ately 4:00 p.m., and an event at
Old School Square from 11:00 a.m. to 7:00 p.m.; to grant a temporary use permit per
LDR Section 2.4.6(F) for the use of Atlantic Avenue from A -1 -A to N.W. 5 th Avenue
for the parade, Atlantic Avenue from A -1 -A to the bridge with overflow on East Drive
to Lowry Street and Gleason Street for staging of p arade entries; that Atlantic
Avenue from N.E./S.E. 5 th Avenue to Swinton be closed until 6:00 p.m.;and to
approve staff support for traffic control and secur ity, barricading, EMS assistance,
use of the small stage and to allow event signage to be p ut up to be put up on March
1, 2012; contingent upon receipt of the Certificate of Liability Insurance and Alcohol
Liability Insurance, Temporary Liquor License and S igned Agreement with Old
School Square by the dates outlined in the staff re port.
T. SPECIAL EVENT REQUEST/FREE FRIDAY NIGHT CONCERT: Approve a
special event request to endorse the Free Friday Ni ght Concert to be held on October
14, 2011 from 7:00 p.m. to 11:00 p.m., on the groun ds of Old School Square and in
part of Old School Square Park; to authorize staff support for security, fire inspector,
electrician, event signage and trash boxes; conting ent upon receipt of a Certification
of Event Liability and Alcohol Liability Insurance and a Hold Harmless Agreement.
U. SPECIAL EVENT REQUEST/ON THE AVE: Approve a special event request to
endorse On the Ave to be held on October 6, 2011 fr om 6:30 p.m. to 10:30 p.m., to
grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic
Avenue from Swinton to the west side of N.E./S.E. 6 th Avenue, Railroad Avenue from
Atlantic north to the north side of the east/west a lley, and to the alleys north and
south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E . 2nd Avenue, S.E. 3rd Avenue,
and N.E./S.E. 4th Avenue; to authorize staff support for security and traffic control,
EMS assistance and fire inspection, banner hanging and removal, event signage,
barricade set up and removal, and trash removal and clean up.
V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS : Accept
the actions and decisions made by the Land Developm ent Boards for the period
September 5, 2011 through September 16, 2011.
W.AWARD OF BIDS AND CONTRACTS:
1.Bid award to Intercounty Engineering, Inc. in the a mount of $285,475.00 for the
Lowson Boulevard Force Main Replacement project. Funding is availabl e from
442 -5178 -536 -68.74 (Water & Sewer Renewal & Replacement Fund:
Improvements Other/Lowson Blvd FM).
9. REGULAR AGENDA:
A.WAIVER REQUESTS/HYATT PLACE HOTEL: Consider two (2) waiver requests
to Land Development Regulations (LDR) Section 4.3.3 (V)(2)(a), which requires that not
more than one stand -alone bar be located within any one block, nor with in seven hundred
and fifty (750) feet of another stand -alone bar measured from lot line to lot line in a s traight
line and Section 4.3.3(V)(2)(c)(1), which allows a written request to establish a stand -alone
bar to be valid for a period not to exceed six (6) months for the Hyatt Place Hotel located
along N.E. 1 st Avenue .(Quasi -Judicial Hearing)
B.REQUEST FOR IN -LIEU PARKING AGREEMENT/PINEAPPLE GROVE
INVESTMENT GROUP, LLC: Consider a request from Pineapple Grove
Investment Group, Inc. for the purchase of six (6) in -lieu parking spaces in the
amount of $93,600 and a waiver to Land Development Regulations (LDR) Section
4.6.9(E)(3), “In -Lieu Fee ”, to exceed the 30% limit of spaces that may be purch ased
through the In -Lieu of Parking program for converting the former A ce Pump
location to restaurant use, located at 9 N.E. 2nd Avenue.(Quasi -Judicial Hearing)
C.REQUEST FOR IN -LIEU PARKING AGREEMENT AND WAIVER/BEOJ, LLC.:
Consider a request from BEOJ, LLC. for the purchase of eight (8) in -lieu parking
spaces in the amount of $124,800 and a waiver to La nd Development Regulation
(LDR) Section 4.6.9(E)(3), “In -Lieu Fee ”, to exceed the 30% limit of spaces that may
be purchased through the In -Lieu of Parking program for conversion of the forme r
VFW (Veterans of Foreign Wars) building to restaura nt use, located at 5 S.E. 2 nd
Avenue. (Quasi -Judicial Hearing)
D.DELRAY BEACH MARINA RATES: Consider approval of a proposed rate increase
for the per foot rate from $16.00 per month to $18.00 per month for the Delray Beach
Marina.
E.BID AWARD/ RANDOLPH AND DEWDNEY CONSTRUCTION, INC.: Consider
approval of a bid award to Randolph and Dewdney Con struction, Inc. in the amount
of $456,710.00 for renovations to the Pompey Park C oncession Stand. Funding is
available from 334 -4127 -572 -62.10 (General Construction Fund: Building).
F.CONSULTING SERVICE AUTHORIZATIONS/PALM BEACH COUNTY PUBLIC
ART ADMINISTRATION/PUBLIC ART CONSULTING SERVICE: Consider
Consulting Service Authorizations with Elayna Toby Singer, Palm Beach County
Public Art Administrator to provide administrative support for several publ ic art
projects throughout the City. Funding is available from 115 -1702 -579 -31.90 (Special
Projects Fund: Professional Services/Other Professi onal Services).
1.SERVICE AUTHORIZATION NO. 2/DEBILZAN PUBLIC ART LOA N TO
THE CITY OF DELRAY BEACH: Consider Service Authorization No. 2 with
Elayna Toby Singer, Palm Beach County Public Art Ad ministrator , to facilitate
artist, City Staff and PAAB in art design/material approval, fabrication,
installation of artwork located at Worthing Park.
2.SERVICE AUTHORIZATION NO. 3 (AMENDMENT NO. 1)/ UPDATE
PUBLIC ART MASTER PLAN: Consider Service Authorization No. 3
(Amendment No. 1) with Elayna Toby Singer, Palm Beach County Public Art
Administrator to address Public Art priorities, assess policies and procedures, to
facilitate meetings between Staff Liaison/Public Ar t Advisory Board and City
Staff involved in Public Art Projects/CRA staff/Cre ative City Collaborative, and
to provide a Summary Report.
3.SERVICE AUTHORIZATION NO. 4 /BOY SCOUT SCULPTURE: Consider
Service Authorization No. 4 with Elayna Toby Singer, Palm Beach County Public
Art Administrator to facilitate Artist, City Staff and PAAB in art d esign/material
approval of base, foundation and installation of do nated sculpture .
4.SERVICE AUTHORIZATION NO. 5/ BUS SHELTER CENTENNIAL ART
CONTEST: Consider Service Authorization No. 5 with Elayna Toby Singer,
Palm Beach County Public Art Administrator to coordinate with local schools for
contestants, facilitate Artist, City Staff and PAAB in art design/material
approval, fabrication, and installation of bus shel ter artwork.
G.BID AWARD/SPORTS TURF ONE, INC.: Consider approval of a bid award in the
amount of $77,148.00 to Sports Turf One, Inc., the third lowest responsive bidder, for
annual maintenance at Seacrest Soccer Complex and H illtopper Stadium . Funding is
available from 001 -4131 -572 -34.90 (General Fund: Other Contractual Service).
H.APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1)
alternate member to the Code of Enforcement Board t o serve an unexpired term
ending January 14, 2013. Based upon the rotation sy stem, the appointment will be
made by Commissioner Carney (Seat #1).
I.APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) regular
member to the Board of Adjustment to serve an unexp ired term ending August 31,
2012. Based upon the rotation system, the appointme nt will be made by
Commissioner Carney (Seat #1).
J.APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular
member to the Police Advisory Board to serve an une xpired term ending July 31,
2012. Based upon the rotation system, the appointme nt will be made by Mayor
McDuffie (Seat #5).
K.PARTICIPATION AGREEMENT/TODAY IN AMERICA: Consider approval of a
Participation Agreement with Today In America, in t he amount of $19,800.00 for
production and national airing of a five minute seg ment highlighting Delray Beach.
Funding is available in the FY 2012 budget from 001 -6311 -559 -82.01 (General Fund:
Aid to Private Organizations/Economic Development S upport).(ADDENDUM)
10. PUBLIC HEARINGS:
A.RESOLUTION NO. 40 -11 (FINAL MILLAGE LEVY): A resolution levying a tax on
all properties within the City of Delray Beach for operation and maintenance and for
payment of principal and interest on bonded indebte dness for FY 2012.
B.RESOLUTION NO. 41 -11 (MILLAGE LEVY/DDA): A resolution levying a tax on all
properties within the Downtown Development Authorit y Taxing District of the City
of Delray Beach for FY 2012.
C.RESOLUTION NO. 42 -11 (BUDGET ADOPTION FOR FY 2012): A resolution
making appropriations of sums of money for all nece ssary expenditures of the City of
Delray Beach for the period October 1, 2011 throug h September 30, 2012.
1.APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the
Planning and Zoning Board ’s finding that the proposed Five Year Capital
Improvement Plan for FY 2011 -12 through FY 2015 -16 and FY 2012 Capital
Improvement Budget are consistent with the Comprehe nsive Plan .
D.ORDINANCE NO. 29 -11: Consider a city -initiated amendment to the Land
Development Regulations (LDR) Section 4.4.13, “Central Business (CBD) District ”,
Subsection (G), “Supplemental District Regulations ”, and Section 4.4.24, “Old School
Square Historic Arts District (OSSHAD)”, Subsection (G), “Supplemental District
Regulations ”, to clarify the parking requirements for restaurants .
E.ORDINANCE NO. 27 -11: Consider amendments to the Community Redevelopment
Agency (CRA) Plan.
F.ORDINANCE NO. 28 -11: Consider an ordinance which provides definitions for
fraud, waste, abuse, misconduct and mismanagement r elated to the Palm Beach
County Inspector General.
G.ORDINANCE NO. 30 -11: Consider an ordinance amending Chapter 96, “Fire Safety
and Emergency Services ”, of the Code of Ordinances, by amending Section 96.1 6,
“Certain Codes Adopted by Reference ”, to promote clarity, conciseness, and a
common sense methodology.
H.ORDINANCE NO. 31 -11: Consider an amendment to Chapter 35, “Employee Policies
and Benefits ”, Section 35.089, “Definitions ”, to revise the definition of “Normal
Retirement Date ”.
I.ORDINANCE NO. 26 -11: Consider a city -initiated amendment to the Land
Development Regulations (LDR), to amend Article 2.2 , “Establishment of Boards
Having Responsibilities for Land Development Regula tions ”, and to amend Section
4.4.6, “Medium Density Residential (RM)”, to provide for housekeeping corrections
to outdated references.
J.ORDINANCE NO. 33 -11: Consider an amendment Amending Chapter 91,
“Animals ”, Section 91.03, “Trapping, Hunting Birds ”; Chapter 95, “Emergency
Management ”, Section 95.05, “Declaration of a State Of Emergency ”, and Section
95.09, “Police Emergencies ”; Chapter 96, “Fire Safety and Emergency Services ”,
Section 96.25, “Discharge Or Use of Fireworks, Pyrotechnic Devices and Special
Effects ”; Chapter 101, “Parks, Beaches and Recreation ”, Section 101.20, “Firearms
and Weapons; Fireworks ”, Section 101.36, “Additional Rules Applying to Parks,
Recreational Facilities and the Municipal Beach ”, Subsection 101.36(D), “Safety
Hazards ”, and Subsection 101.36(E), “Nuisances at Parks, Recreational Facilities and
Municipal Beach Sites ”; and Chapter 132, “Offenses Against Public Peace and
Safety ”, by repealing Section 132.02, “Disturbing the Peace; Public Places ”, of the
Code Of Ordinances, to conform with regulations set forth in House Bill 45 amending
Section 790.33, Florida Statutes and to otherwise c omply with State and Federal
Statute.
11. 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:
A.ORDINANCE NO. 32 -11: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70 , “Regular
Charges Levied ”, to provide for increased residential and commercial collection
service rates for FY 2012 . If passed, a public hearing will be held on Octo ber 4, 2011.
B.ORDINANCE NO. 34 -11: Approve an increase of the parking meter fees from
$1.25 to $1.50 per hour in all metered parking spac es, an increase to the cost of
the annual beach parking permit from $80.00 to $90.00 per year, and creation of a
new permit classification of Senior Beach Parking P ermit at a cost of $95.00 per year .
If passed, a public hearing will be held on October 4, 2011.
C.ORDINANCE NO. 35 -11: Approve an ordinance amending Chapter 92, "Boats an d
Boating", by amending Section 92.15, "Docking Licen se for Excursion Boat
Operations", Subsection (E) "Short -Term Agreement", to modify the permit fee;
and by amending subsection (G), "Use of Docks at V eterans Park", to increase the
mooring time for excursion boats at Veterans Park . If passed, a public hearing will
be held on October 4, 2011.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A.City Manager
B.City Attorney
C.City Commission
WORKSHOP MEETING
AUGUST 30, 2011
A Workshop Meeting of the City Commission of the Ci ty of Delray Beach, Florida, was called to
order by Mayor Nelson S. McDuffie in the First Floo r Conference Room at City Hall at 6:00 p.m.,
on Tuesday, August 30, 2011.
Roll call showed:
Present - Commissioner Thomas F. Carney, Jr. (came in a t 6:24 p.m.)
Commissioner Jay Alperin
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
Mayor Nelson S. McDuffie called the workshop meetin g to order and announced that it had been
called for the purpose of considering the following Items.
WORKSHOP MEETING AGENDA
1. Pompey Park Concession Building
Mr. David T. Harden, City Manager, introduced this item and stated they were interested in
trying to get the CIP finalized and did not write t his up exactly correctly. He discussed the
tabling of the item at the July 12, 2011 Commission Meeting. He stated staff’s first choice is to
still build the full facility. If the Commission de cides not to do that, then the 2 nd choice would be
the first floor and the stairway; and the third cho ice is not to do anything. He stated staff will
place the Item on the September 6, 2011 meeting to take it off of the table and Commission can
take whatever action they think is appropriate: eit her to proceed with the award of the contract
to Randolph & Dewdney or to re-bid for the scaled back 1 st Phase project.
Mr. Richard Hasko, Environmental Services Director, discussed the bid, budget and an alternate
proposal for the rehabilitation of the concession b uilding at Pompey Park. Mr. Jose Aguila,
Currie Sowards Aguila Architects, discussed the sit e drawings for the downstairs proposal which
would cost approximately $230,000.00. He stated th e building is really in bad shape and they are
trying to create a more efficient space. The City Manager stated it is important to see this done;
if not all of it at least the first phase. This is the last building at Pompey Park and it is in bad
shape and this is our heaviest used park.
Mrs. Gray stated this needs to be done; and comment ed since we are in a crunch regarding the
budget, she is in favor of the first phase. In addi tion, she stated you cannot see through the
Plexiglas windows on the 2 nd Floor. Mrs. Gray asked that the windows be looked at even if the
2 nd Floor will not be expanded. She asked how this will affect th e bid.
The City Manager stated if it is not done as a whol e, then it would have to be re-bid regarding
the phases. If completed as a whole, it would be given to Rando lph and Dewdney.
2
August 30, 2011
Mr. Frankel thanked staff for the presentations, di scussed the costs and stated he is in favor of
the 1 st phase. He stated it would be great to do everything but because of the economic times we
are in this is a good alternative; noting that certain things need to be done and fixed at Pompey.
Dr. Alperin asked if staff’s recommendation is to d o the whole project. He asked about the
funding that was planned for the project. Mr. Harde n discussed the funding and the bid. Dr.
Alperin asked if it changes the budget proposal. He asked if this is the final part of the park
improvements. Mrs. Karch explained what else needed to be d one at Pompey.
Dr. Alperin stated we should complete the entire pr oject since this is the last major piece of this
park as it is staff’s recommendation and could end up costi ng more in the long run.
Mayor McDuffie mentioned the scoring tower at Littl e Fenway and stated he has other concerns
with the city’s budget. He discussed single story scoring towers. Mayor McDuffie stated he
supports putting this on next week’s agenda and wou ld like to see where we are as far as the
budget tonight.
It was the consensus of the Commission to place this item on th e September 6, 2011 agenda.
Mr. Carney stated he read this before and is happy with the co mpromise.
2. Capital Improvement Program (CIP) Presentation
Mr. Randal Krejcarek, City Engineer, presented this item and gave an overview of the CIP
regarding the budget and where the funding comes from. He d iscussed the revenues by fund and
categories.
Mrs. Gray asked for more information regarding the N.E. 3 rd Avenue Beautification Project. Mr.
Krejcarek stated it is a three part project and explained the goal of the project is to get pedestrian
movement from Pineapple Grove and parking lots the Community Redevelopment Agency
(CRA) developed to the Creative City Collaborative (CCC) Building. Mr. Harden stated this is a
CRA project (the CRA is paying 100% of this project ) and all we are doing is administering this.
Mr. Krejcarek discussed steps for moving this proje ct forward. Mrs. Gray asked if we will be
paying the $75,000 for design as listed in the budget for CIP .
Mr. Carney stated it is important that we do someth ing for that building but the building is two
(2) years from being occupied and he has been consi stent with deferring certain expenses as
necessary.
Dr. Alperin asked if we require property owners to contribute to the sidewalks. He asked
questions regarding certain funds i.e. Law Enforcem ent Trust Fund (112), In-Lieu Parking Fees
(115), Beach Renourishment, New Financial System re curring in different funds, Water/Sewer
Fund (441), Golf Course Fund (445) and the Garage F und (501). Mr. Harden provided
explanations for Dr. Alperin’s questions.
Mr. Carney asked if there is actually an economic benefit w ith using reclaimed water.
Mayor McDuffie asked about the consumptive use permit.
Mrs. Gray asked for an update regarding the Federal Highway Project. She also inquired about
funding for more sidewalks specifically in the Southwest Ne ighborhoods where they do not have
sidewalks. The City Manager stated the funding for sidewalks is in Fund 118. Mr. Krejcarek
stated they work very closely with Mrs. Lula Butler regardin g where to place sidewalks.
Dr. Alperin asked wasn’t there a master plan for sidewalks pr eviously.
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August 30, 2011
Mayor McDuffie commented regarding the Little Fenwa y Scoring Tower and stated we are
attracting interesting events at Miller Park. Two F antasy Camps have taken place there. He
stated this is heads and beds for the City of Delra y Beach. Discussion ensued between
Commission and staff regarding Bucky Dent Baseball School. Mr. Harden stated it is staff’s
intention to bring Little Fenway back to the Commission som etime in the fall.
3. Review of General Fund Fee Recommendations for FY 2012 Budge t
Mr. Douglas Smith, Assistant City Manager, presente d this item and discussed the proposed
General Fund Fee Changes for FY 2011-2012. There w ere not as many staff recommended
changes as last year.
Mayor McDuffie stated we should look at what we cha rge for public records requests and
copies. The Commission discussed what is charged b y Palm Beach County in general and the
Palm Beach County Clerk and Comptroller for copies, etc. The City Attorney stated we charge
what is allowable by statute. This is what governs us as a municipality. The Clerk and City
Attorney reiterated what we charge for extensive clerical research, etc.
Mr. Smith provided an update regarding Planning & Z oning development fees and the revenue
that would be generated as a result. He summarized the parking related items (parking permits
and parking meter charges).
Mr. Carney stated there should not be a distinction between high season and low season for the
parking permits.
Mr. Frankel asked if resident and non-resident rate s can be established regarding parking
permits. Mr. Harden stated this cannot be done due to receivi ng monies from the county.
Mr. Scott Aronson, Parking Management Specialist, r eplied that you can separate it out by age
but not by demographics.
Mr. Smith discussed the marina fees i.e. cost per f oot per month. Commission asked staff to
review the marina fees; feels $17 is too low.
Mrs. Linda Karch discussed the Parks and Recreation Program Fees, Sports Provider fees and
various other fees. Discussion ensued between Commi ssion and staff regarding the
recommended options and alternatives for some of the propo sed Parks and Recreation fees.
Mrs. Gray stated she would like to see a report on the usage of the facilities and asked if there is
a reason why we are going to raise the fees. She d iscussed marketing the programs. She stated
she is fine with the daily swimming rate.
Mrs. Karch discussed a Holiday Camp which would occ ur two (2) weeks over Christmas Break
at Catherine Strong.
It is the consensus of the Commission for staff to try to incorporate resident and non-resident
fees where we can and to try the fees regarding the SW 5 th Avenue Plaza. Mrs. Gray asked staff
to check with the Mosaic Group regarding the SW 5 th Avenue Plaza fees.
4. FY 2012 Budget
Mr. Harden provided a sheet that listed in detail a ll of the changes since the preliminary budget
was prepared that Commission was previously given includin g revenue and expenses.
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August 30, 2011
He commented on some of the major items (Retirement s, Grants, Police Department changes,
Fire Assessment Fee, SAFER Grant, Solid Waste Autho rity Charges, City Manager Department
Changes, Worker’s Compensation and General Liabilit y rates, transfer to CIP Fund has been
increased, City Manager’s Contingency and other cut s that were made). Staff will continue to
work on the budget. He spoke regarding the ICMA stu dy. In addition, Mr. Harden discussed
the millage and budget options.
Mayor McDuffie asked if the plan was to still bill for the Fire Assessment fee on Utility Bills.
Mr. Frankel discussed the recommendation from the a ctuary for the Police and Fire Fighters
Board of Trustees Pension Board.
It was the consensus of the Commission that Mr. Har den did a good job regarding the
preparation of the budget.
Mayor McDuffie adjourned the Workshop Meeting at 8:44 p.m.
________________________________
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of De lray Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meet ing of the City Commission held on Tuesday,
August 30, 2011, which Minutes were formally approv ed and adopted by the City Commission on
September 20, 2011.
________________________________
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indica ted 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 i nvolve amendments, additions or deletions to
the Minutes as set forth above.
09/06/11
SEPTEMBER 6, 2011
A Regular Meeting of the City Commission of the City of Del ray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the C ommission Chambers
at City Hall at 6:00 p.m., Tuesday, September 6, 2011.
1. Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Fred B. Fetzer
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - Commissioner Adam Frankel
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Father William “Chip” Stokes with
St. Paul’s Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of A merica was
given.
4. AGENDA APPROVAL.
Mayor McDuffie stated that with regard to Item 9.I., Appointment to the
Financial Review Board, Warren Trilling has requested that his application for
appointment to the Financial Review Board be withdrawn.
Staff requested that Item 7.B., Resolution No. 31-11 be removed from the
Agenda.
Dr. Alperin moved to approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Dr. Alpe rin – Yes; Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 4 to 0 vot e.
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Regular Meeting of
August 2, 2011, seconded by Dr. Alperin. Upon roll call the Commission vot ed as
follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin –
Yes. Said motion passed with a 4 to 0 vote.
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09/06/11
Dr. Alperin moved to approve the Minutes of the Regular Meeting of
August 16, 2011, seconded by Mrs. Gray. Upon roll call the Commission vote d as
follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alper in – Yes; Mrs. Gray –
Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. None
7. PRESENTATIONS:
At this point, Mayor McDuffie presented a plaque to Commissi oner Fetzer
for the many years he served on the City Commission. Mr. Fetzer came forward to
accept the plaque and gave a few brief comments.
7.A. Keep Palm Beach County Beautiful Grant – Marjorie Ferrer
Marjorie Ferrer, Executive Director of the Downtown Developmen t
Authority (DDA), stated last December Commissioner Gray contacted her and as ked for
help with fundraising for the Atlantic High School football te am. Mrs. Ferrer stated
Atlantic High School is not in the DDA but suggested that the me rchants hire the football
players on Saturday and Sunday mornings from 6:00-9:00 a.m. to pressure spray and
clean the sidewalks. She stated the gum on the sidewalks was not coming up because
they needed a hot pressure sprayer so they applied for a grant a nd now have a hot
pressure cleaning machine. In addition, Mrs. Ferrer stated the grant will pay the students
so much an hour toward their debt of the football uniforms and at the sa me time the
merchants will be paying for the cleaning of the sidewalks and the checks will be made
payable to the high school. She stated they hope to work with Pa rks and Recreation with
the landscaping team and Public Works to have the students also l earn more about their
community by helping to paint curb stops and all those little jobs such as pulling weeds,
etc. that can be done as a mentoring program. Mrs. Ferrer st ated there were only 14
grants in the nation; two in Florida and they are very proud to have received this gra nt.
Lourdes Ferris, Keep Palm Beach Beautiful, stated she is happy to be in
collaboration with the Downtown Development Authority, Waste Manage ment, and
Atlantic High School. She stated they were able to get a gra nt for $10,000.00 and noted
the cost of the hot pressure cleaning machine is $4,000.00. In addition, Keep Palm Bea ch
Beautiful has money to help the student athletes at Atlantic High School.
Butch Carter, Waste Management, stated it is their pleasure to serve the
communities that they serve and assist in any way they can.
Ms. Ferris stated Keep Palm Beach Beautiful also entered into a Cigarette
Litter Prevention Program with the City and they did fund a grant to purchase cigarette
ash receptacles for the beach and invited everyone to particip ate in the upcoming
International Coastal Cleanup coordinated with the Sandoway House on Se ptember 24,
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09/06/11
2011.
Mayor McDuffie stated early in the year Atlantic High Sc hool’s deficit for
the football program was $40,000.00. He stated due to the cutbacks in ed ucation across
the State, programs are not there to fund the sports. Mayor McD uffie stated when his son
was in high school they had already stopped funding the baseball p rogram and many of
the other programs so Booster Clubs were responsible for f unding everything. He stated
this has now happened to football which is the number one sport in hi gh schools in this
country.
Commissioner Gray thanked Dr. Victor Kirson for his donation as wel l
and stated he purchased uniforms for the entire football team last year.
Rich Reade, Sustainability Officer, stated with regard to the location of
the solar powered compactors there is one at Pompey Park, one at the Soccer Complex,
two at Miller Park, and they are looking at receiving an additional six that will replace all
the trash receptacles at Veteran’s Park. Also, there will be an additional three; two on the
beach and one on the Avenue that will be purchased with recycling dollars. Mr. Reade
stated it is about 15-17 days where they have to go out and replace trash bags and empty
the garbage bins. This has helped the City to save money and be able to provide
additional and higher quality services.
Mayor McDuffie asked about the frequency before the solar p owered
compactors. Mr. Reade stated the frequency was every day.
7.B. RESOLUTION NO. 31-11: Approve Resolution No. 31-11 recognizing
and commending Vivian Mitchell for 30 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 31-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING VIVIAN MITCHELL FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 31-11 is on file in the City C lerk’s
office.)
Mayor McDuffie stated per staff’s request, Resolution No. 31-11 has been
removed from the Agenda and will be on the September 20, 2011 Agenda.
8. CONSENT AGENDA: City Manager Recommends Approval.
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09/06/11
8.A. ACCEPTANCE OF A WATER UTILITY EASEMENT
DEED/DELRAY MOTORS, INC.: Approve and accept a water utility easement deed
for Delray Motors, Inc. for Delray Chrysler Jeep Dodge, loc ated at 2102 South Federal
Highway.
8.B. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(FDEP) PERMIT FEES: Approve payment of permit fees in the amount of $23,561.41
for the upcoming Beach Renourishment fill event tentatively schedule d for March, 2012.
Funding is available from 332-4164-572-31.30 (Beach Restoration Fund: Profess ional
Services/Engineering/Architectural).
8.C. REQUEST FOR SIDEWALK DEFERRAL/738 SEASAGE DRIVE:
Approve a request to defer the installation of a sidewalk along Sea sage Drive for a
proposed single family residence located at 738 Seasage Drive.
8.D. MODIFICATIONS TO THE CONTRACTOR
PREQUALIFICATION PROCEDURE AND APPLICATION
PROCESS: Approve modifications to the Contractor Prequalification Procedure and
Application process.
8.E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/VILA AND SON
LANDSCAPE CORPORATION: Approve a Contract Closeout (Change Order No.
1/Final) in the amount of a $92,897.68 decrease and final payment in the am ount of
$27,971.60 to Vila and Son Landscape Corporation for completion of the Atlantic
Avenue Median Landscape Beautification Project. Funding is availab le from 334-3162-
541-61.15 (General Construction Fund: Capital Outlay/Improvements-Medians).
8.F. AMENDMENT NO. 1 TO THE ELEVATOR MAINTENANCE
SERVICE CONTRACT/ORACLE ELEVATOR COMPANY: Approve Amendment
No. 1 to the Elevator Maintenance Service Contract with Oracle El evator
Company providing for the addition of the elevator at Miller Pa rk. Funding is available
from 001-4121-572-34.90 (General Fund: Other Contractual Service).
8.G. AMENDMENT NO. 1 TO THE AGREEMENT (CHANGE ORDER
NO. 1)/SOUTHLAND PAINTING CORPORATION: Approve Amendment No. 1 to
the Agreement (Change Order No. 1) to Southland Painting Corporation in the amount of
$28,935.00 for the additional rehabilitation work of Clarifier #4 at the Wa ter Treatment
Plant. Funding is available from 442-5178-536-46.90 (Water & Sewer & Replac ement
Fund: Repair & Maintenance Service/Other Repair/Maintenance Cost).
8.H. AMENDMENT NO. 1 TO THE JOINT PARTICIPATION
AGREEMENT, FLORIDA DEPARTMENT OF TRANSPORTATION (FDO T):
GATEWAY FEATURE: Approve Amendment No. 1 to the Joint Participation
Agreements with the Florida Department of Transportation (FDOT) for the
proposed landscaping along Atlantic Avenue (SR 806) from I-95 to N.W./S.W. 12th
Avenue.
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09/06/11
8.I. INTERLOCAL AGREEMENT/PALM BEACH COUNTY FOR S.W.
12TH AVENUE/AUBURN AVENUE/S.W. 14TH AVENUE: Approve an Interlocal
Agreement with Palm Beach County for reimbursement to the City in the amount of
$1,000,000.00 for costs associated with improvements along S.W. 12th Avenue/Auburn
Avenue/S.W. 14th Avenue from S.W. 10th Street to West Atlantic Avenue.
8.J. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING
REHABILITATION CONTRACT AWARD: Approve one Housing
Rehabilitation contract award for 354 N.W. 6th Avenue to South Florida Const ruction
Services, Inc., the lowest responsive bidder, in the amount of $37,875.95 for housing
rehabilitation under the Disaster Recovery Initiative (DRI) Pr ogram. Funding is available
from 118-1960-554-49.19 (Neighborhood Services: Other Current Charges/Housin g
Rehabilitation).
8.K. FOURTH AMENDMENT TO DISASTER RECOVERY
INITIATIVE AGREEMENT (DRI2)/PALM BEACH COUNTY: Approve a fourth
Amendment to the agreement between the City and Palm Beach County for the Disaster
Recovery Initiative Housing Rehabilitation Program (DRI2) Program as proposed.
8.L. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE
ORGANIZATION: Approve a request for city support and assistance for the 6th
Annual Project Holiday sponsored by the You Are Not Alone Organiz ation, which
provides packages to armed services personnel.
8.M. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/DELRAY
BEACH LIBRARY ASSOCIATION, INC.: Approve Amendment No. 1 to the Lease
Agreement with Delray Beach Library Association, Inc.
8.N. SUBLEASE AGREEMENT/DELRAY BEACH LIBRARY
ASSOCIATION, INC./BUZZ AGENCY, LLC.: Approve a Sublease Agreement
between the Delray Beach Library Association, Inc. and the Buzz Agency, LLC. for
twenty-six (26) months with two (2) two (2) year optional renewals.
8.O. INTERLOCAL AGREEMENT/PALM BEACH COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT:
Approve an Interlocal Agreement with Palm Beach County to provide for a fair share
contribution by the City for funding of the administration of the County Department of
Environmental Resources Management (DERM) Wellfield Protection Program .
8.P. CONTRACT ADDITION (CHANGE ORDER NO. 2)/BRANG
CONSTRUCTION INC.: Approve a Contract Addition (Change Order No. 2) to Brang
Construction, Inc. in the amount of $8,900.00 for two (2) additional decorative colum ns
for the Martin Luther King Jr. Drive Beautification Project. Fundi ng is available from
Contract's Unforeseen Conditions Allowance and from 334-4141-572-68.57 (General
Construction Fund: Other Improvement/Cultural Loop/MLK Drive Phase I).
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09/06/11
8.Q. ADDITIONAL SCOPE/FOSTER MARINE CONTRACTORS, INC.:
Approve additional scope with Foster Marine Contractors, Inc. for work to relocate ten
(10) sewer cleanouts for the S.W. 12th Avenue/Auburn/S.W. 14th Avenue Pro ject to be
paid from the Unforeseen Conditions Allowance.
8.R. RESOLUTION NO. 33-11/BUDGET AMENDMENT: Approve
Resolution No. 33-11 amending Resolution No. 55-10 and Resolution No. 25-11 which
made appropriations of sums of money for all necessary expendit ures of the City of
Delray Beach for FY 2010/2011, by setting forth the anticipated rev enues and
expenditures for the operating funds of the City for FY 2010/2011.
The caption of Resolution No. 33-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION NO. 55-10 ADOPTED SEPTEMBER 21,
2010 AND RESOLUTION NO. 25-11 ADOPTED JUNE
21, 2011, WHICH MADE APPROPRIATIONS OF SUMS
OF MONEY FOR ALL NECESSARY EXPENDITURES
OF THE CITY OF DELRAY BEACH, FLORIDA, FOR
THE FISCAL YEAR 2010/2011, BY SETTING FORTH
THE ANTICIPATED REVENUES AND
EXPENDITURES FOR THE OPERATING FUNDS OF
THE CITY FOR THE FISCAL YEAR 2010/2011;
REPEALING ALL RESOLUTIONS INCONSISTENT
HEREWITH.
(The official copy of Resolution No. 33-11 is on file in the City Clerk’s
office.)
8.S. EXTENSION OF THE INSURANCE AGENT/BROKER SERVICE
AGREEMENT/THE PLASTRIDGE AGENCY, INC.: Approve an extension of the
Insurance Agent/Broker Service Agreement with The Plastridge Age ncy, Inc. for
an additional one year period beginning 10/1/11. Funding is available from 551-1575 -
591-45.11(Insurance Fund/Insurance/General Liability Premiums), 551-1575-591-45.31
(Insurance Fund/Insurance/Package Policy Premium), and 551-1575-591-4532
(Insurance Fund/Insurance/Package Policy Premiums, Excess Workers' Comp Premium)
8.S.1. PROPOSED RENEWAL OF PROPERTY AND CASUALTY
INSURANCE/THE PLASTRIDGE AGENCY, INC.: Approve a proposed renewal of
the City's major property and casualty insurance programs, i ncluding workers'
compensation, for the period October 1, 2011 thru September 30, 2012. Funding i s
available from 551-1575-591-45.11 (Insurance Fund/Insurance/General Liabil ity
Premiums), 551-1575-591-45.31 (Insurance Fund; Insurance Package Policy Pre mium),
and 551-1575-591-45.32 (Insurance Fund; Insurance Package Policy Premiums, E xcess
Workers' Comp Premium).
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09/06/11
8.T. EXTENSION OF CONSULTING AGREEMENT/GALLAGHER
BENEFIT SERVICES, INC.: Approve an extension of the Consulting Agreement with
Gallagher Benefit Services, Inc. in the expected amount of $114,654.00 for employee
benefits management consulting services. Funding is available from 551-1 575-591-45.20
(Insurance Fund: Insurance/Claims Handling Costs).
8.U. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve
an Agreement with the Florida Department of Financial Servi ces in the amount
$53,716.00 to accept the 2010 Domestic Preparedness Grant from the State Homeland
Security Grant Program to sustain equipment and training for haza rdous materials
incidents and incidents involving weapons of mass destruction.
8.V. MEMORANDUM OF UNDERSTANDING/DEPARTMENT OF
HIGHWAY SAFETY: Approve a Memorandum of Understanding with the Department
of Highway Safety to provide the Police Department access t o D.A.V.I.D. (Driver and
Vehicle Information Database) which allows searches of driver license records and
vehicles to aid law enforcement in investigations.
8.W. GRANT APPLICATION; 2011 ASSISTANCE TO
FIREFIGHTERS: Authorize submission of a grant application to the Federal
Emergency Management Agency for the 2011 Assistance to Firefighters Grant.
8.X. GRANT AWARD/RECOVERY ACT EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY
2011 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the
amount of $53,503.00 which will provide funding to support the Holiday Robbery Task
Force.
8.Y. BOND COUNSEL SERVICE/ GREENBERG, TRAURIG,
LLP/STEVEN D. SANFORD: Appoint Steven D. Sanford of Greenberg, Traurig, LLP
as bond counsel for two (2) proposed water and sewer re-financings.
8.Z. FINANCIAL ADVISORY SERVICES/JAY GLOVER: Appoint Jay
Glover, Public Financial Management, to act as financial advisor f or two (2) proposed
water and sewer re-financings.
8.A.A. RESOLUTION NO. 37-11: Approve Resolution No. 37-11 assessing
costs for abatement action required to remove nuisances on five (5) properties throughout
the City.
The caption of Resolution No. 37-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
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09/06/11
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 37-11 is on file in the City Clerk’s
office.)
8.B.B. SPECIAL EVENT REQUEST/12TH ANNUAL DOWNTOWN
DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a
special event request for the 12th Annual Downtown Delray Beach Thanks giving
Weekend Art Festival to be held on November 26-27, 2011 from 10:00 a.m. until 5:00
p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 2nd
Avenue from the alley just north of Atlantic Avenue to approximatel y 400 feet north of
N.E. 3rd Street, leaving an access lane to the City Walk parkin g garage, and to authorize
staff support for traffic control, security, and Fire Inspec tor with the sponsor paying all
overtime costs.
8.C.C. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boa rds
for the period August 15, 2011 through September 2, 2011.
8.D.D. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Kuhn Flooring Gallery I LLC., in the amount of
$28,030.00 for the replacement of floor covering at Fire
Headquarters Station No. 1 including removal of old floor
covering, labor and materials. Funding is available from 001-2311-
522-46.10 (General Fund: Repair & Maintenance
Services/Building Maintenance).
2. Purchase award to Innovyze in the amount of $27,000.00 for the
purchase of a Water Modeling program, “InfoWater Suite 8.1”.
Funding is available from 441-5123-536-66.10 (Water and Sewer
Fund: Books/Publications/Software).
3. Contract award to Foster Marine Contractors, Inc. in the amount of
$46,800.00 for the annual Lift Station Rehabilitation program.
Funding is available from 442-5178-536-68.15 (Water & Sewer
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09/06/11
Renewal & Replacement Fund: Improvements Other/Lift Station
Rehabilitation).
4. Contract award to Odums Sod, Inc. in the amount of $16,500.00
for 100,000 square feet of sod for the S.W. 3rd Street and 6th Ave
Water Main Upgrade Project. Funding is available from 442-5178-
536-68.62 (W & S Renewal & Replacement Fund: Improvements
Other/S.W. 3rd Street & 6th Avenue WM Upgrade).
5. Purchase award to Motorola in the amount of $18,316.46 for four
(4) Motorola APX6000 portable radios in an effort to maintain
equipment quality and service readiness. Funding is available 001-
2315-526-64.90 (General Fund: Machinery/Equipment/ Other
Machinery/Equipment).
6. Purchase award to Bergeron Sand, Rock & Aggregate, Inc. in the
amount of $16,500.00 for 1,000 tons of limerock, to be installed by
the City's in-house construction crew, for the S.W. 3rd Street and
6th Avenue Water Main Upgrade Project. Funding is available
from 442-5178-536-68.62 (W & S Renewal & Replacement
Fund: Improvements Other/S.W. 3rd Street & 6th Avenue WM
Upgrade).
Dr. Alperin moved to approve the Consent Agenda, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin
– Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 4 to 0 vote .
9. REGULAR AGENDA:
9.A. BID AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION,
INC.: Consider approval of a bid award to Randolph and Dewdney Construction, Inc. in
the amount of $456,710.00 for renovations to the Pompey Park Concession Stand.
Funding is available from 334-4127-572-62.10 (General Construction Fund: Building).
Richard Hasko, Director of Environmental Services, stated this i tem was
tabled at the Special Workshop Meeting of July 12, 2011 so that sta ff could bring back
some information as requested by the City Commission. Mr. Hasko s tated staff
recommends awarding the bid to Randolph and Dewdney Construction for $456,710.00.
He stated if the Commission decides to go with the first phas e which would include
replacement of the stairs for approximately $233,000.00 staff would have to rebid that
because they would have to reduce the scope and the project is an architectural project
that is a lump sum bid. He stated last week there was disc ussion about the condition of
the Plexiglas windows in the press box and one alternative would be installing impact
resistant windows or a less expensive option would be to repla ce the Plexiglas with new
Plexiglas.
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09/06/11
Linda Karch, Director of Parks and Recreation, reiterated that they were
hopeful to get the project done in one phase because it would be more economical for the
City.
Dr. Alperin stated if this were done as two projects it would free up
additional funds for other capital projects. He stated this needs to be done and it is going
to cost more money if they split it up and does not see the logic in stretching it out by
phasing it.
Mr. Carney stated he feels that spending today he has to spend money that
is absolutely necessary and he agreed in July that there are certain parts of this project
which were necessary (i.e. the stairs were bad and the downstai rs needed to be
refurbished) but his concern with respect to the creation of the upstairs/press box remains
the same. He does not feel it is necessary today and feels you cannot say for certain it is
more expensive in the future because we do not know what costs are going to be and
what other dynamics may be at play in the future. Mr. Carney stated the City should do
what is absolutely necessary to keep the facility maintained. Mr. Carney stated he
supports the phased expenditures and spend the money we have now for Phase I.
Mrs. Gray stated prior to July this Commission agreed to move f orward
with the one phase and asked staff to give them options. She state d the applicants have
spent money on the RFP and feels if we did not have this back and f orth with this second
lowest bidder that this would have been done months ago. Mrs. Gray s tated she supports
staff’s recommendation to award the bid to Randolph and Dewdney Construction, Inc . for
Phase I.
Mayor McDuffie reminded everyone since a Commissioner is a bsent this
evening that a 2/2 vote should that happen is no action. The City Attorn ey stated if the
vote is 2/2 this would have to come back when the fifth Commissioner is present.
Mayor McDuffie stated he has always been a supporter of quality youth
sports for as long as he has been on the Commission and far beyond. He stated the City
has also had to cut some of things that were being built because we did not have the
money to build everything at the time. Mayor McDuffie stated t he Soccer Complex was
built from a two-story building that they were going to have where the concession stand
is now to a one-story building because that is what the City coul d afford at the time. He
stated that “blight” needs to be eradicated and believes that we need a safe structure.
Mayor McDuffie stated what was shown to the Commission in Phase I of gutting the
facility, installing new plumbing, and putting a staircase to t he second floor will cure that
and hopefully in the next budget year the City will have the mone y to finish the entire
project.
Brief discussion by the Commission followed regarding prioriti zing
projects.
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Mayor McDuffie stated Phase I of this will be a gorgeous facility but it
just will not get expanded. Dr. Alperin stated if this does not pass he would like the
Commission to receive a report as to what other projects are going to be done instead of
this second part of this so they will know which projects are equa lly necessary. The City
Manager stated staff can have this for the Commission at the next meeting.
Dr. Alperin moved to approve the bid award to Randolph and Dewdney
Construction, Inc., seconded by Mrs. Gray. Upon roll call the Commiss ion voted as
follows: Dr. Alperin – Yes; Mrs. Gray – Yes; Mayor McDuffi e – No; Mr. Carney – No.
Said motion was a 2 to 2 vote (no action).
9.B. SETTLEMENT OFFER IN DOMINICK DIVENCENZO V. CITY
OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $25,000.00
in Dominick DiVencenzo v. City of Delray Beach.
The City Attorney stated this is a settlement offer that t he plaintiff has
offered to settle this case that arose out of an arrest of t he plaintiff by a City of Delray
Beach Police Officer and the State Attorney’s office. The Plaintiff spent 24 hours in jail
and filed several claims against the City as well as the officer.
Dr. Alperin moved to approve the settlement offer in the amount of
$25,000.00, seconded by Mrs. Gray. Upon roll call the Commission voted as foll ows:
Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr . Alperin – Yes. Said
motion passed with a 4 to 0 vote.
9.C. SPECIAL EVENT REQUEST/13th ANNUAL GARLIC
FESTIVAL: Consider approval of a special event request for the 13th Annual G arlic
Festival to be held February 10-12, 2012, and grant a temporary use pe rmit per
LDR Section 2.4.6(F) for use of City rights-of-way to include N.E. 1st Avenue from
Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to N.E.
1st Street and Old School Square Park, from 6:00 a.m., February 10 through mi dnight,
February 12, 2012 and use of the Old School Square Parking Garage, CR A parking lots
in Block 60, City Hall north lot, City Attorney lot and the County Parking Garage, and
authorize staff support for traffic control and security, EMS as sistance, barricading,
banner hanging, signage preparation and installation, use of a City generator, and waiver
of the two (2) hour parking limit in the downtown area during the eve nt subject to the
conditions listed in the staff report.
Robert Barcinski, Assistant City Manager, stated this is a request for the
Commission to approve the 13 th Annual Garlic Festival to be held on February 10-12,
2012, to grant a temporary use permit for the closure of N.E. 1 st Avenue from Atlantic to
the grass area at Old School Square, Swinton Avenue from Atlantic A venue to N.E. 1 st
Street and Old School Square Park, from 6:00 a.m., February 9, through midnig ht,
February 12, 2012; requested use of various parking areas and sta ff support for traffic
control, security, EMS, barricading, banner hanging, signage prepa ration and installation,
use of a City generator and a waiver of the two (2) hour parking li mit in the downtown
area during the event. The proposed event site plan shows the fenc e line on N.E. 1 st
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Avenue north to the Old School Square grounds and in the middle of the street . This is a
change to allow access to the parking lot entrance off N.E. 1 st Avenue to the lot behind
Cabana El Rey. However, the property owner asked that the f ence line be moved all the
way to the west. The site plan splits it down the middle of the street and the Police
Department recommends that we go all the way to the west. Mr . Barcinski stated Mr.
Ryan is representing the Garlic Fest and they are agreeabl e to the western boundary.
Therefore, that is no longer an issue and that fence line will be moved to the western
parking spaces. The overtime costs are approximately $14,860.00; signa ge costs $250.00
and barricades $200.00 of which the event producer pays 100% and pays 75% of the
overtime. Staff recommends approval subject to the conditions listed in the staff report.
Dr. Alperin asked if the City has always approved the waiver of the two
hour parking limit on Atlantic Avenue. Mr. Barcinski stated the Cit y has done this for
quite a few years and noted that this is done for others as well.
Dr. Alperin moved to approve the Special Event Request for the 13 th
Annual Garlic Festival to be held February 10-12, 2012, with the change in the boundary
for the fence and subject to the conditions listed in the staff rep ort, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mayor Mc Duffie – Yes; Mr.
Carney – Yes; Dr. Alperin – Yes; Mrs. Gray – Yes. Said motion passed with a 4 to 0
vote.
9.D. COMMISSION LIAISON APPOINTMENTS/SEAT
#2: Reassignment of City Commission Seat #2 Liaison Appointments to var ious
Advisory Boards and outside agencies.
Dr. Alperin moved to approve Dr. Alperin to resume Liaison Assi gnments
to various Advisory Boards and outside agencies, seconded by Mrs. Gray. U pon roll call
the Commission voted as follows: Mr. Carney – Yes; Dr. Alperi n – Yes; Mrs. Gray –
Yes; Mayor McDuffie – Yes. Said motion passed with a 4 to 0 vote.
9.E. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint one (1) regular member to serve a two (2) year term endi ng August 31, 2013 to
the Historic Preservation Board. Based upon the rotation system, the appointment will be
made by Commissioner Gray (Seat #4).
Mrs. Gray moved to appoint Samuel Spear as a regular member to the
Historic Preservation Board (HPB) to serve a two (2) year term ending August 31, 2013,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol lows: Dr. Alperin –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es. Said motion passed
with a 4 to 0 vote.
9.F. APPOINTMENTS TO THE CODE ENFORCEMENT
BOARD: Appoint one (1) regular member and one (1) alternate member to t he Code of
Enforcement Board to serve unexpired terms ending January 14, 2013. Based upon the
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rotation system, the appointments will be made by Mayor McDuf fie (Seat #5) and
Commissioner Carney (Seat #1).
Mayor McDuffie stated he wished to appoint Ronald Gilinsky as a regular
member to the Code Enforcement Board to serve an unexpired term e nding January 14,
2013. Dr. Alperin so moved, seconded by Mrs. Gray. Upon roll call the C ommission
voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr.
Alperin – Yes. Said motion passed with a 4 to 0 vote.
Mr. Carney stated he would like to defer his appointment to the nex t
regular meeting of September 20, 2011.
9.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint
one (1) regular member to the Board of Adjustment to serve an une xpired term ending
August 31, 2012. Based upon the rotation system, the appointment will be made by
Commissioner Carney (Seat #1).
Mr. Carney stated he would like to defer his appointment to the nex t
regular meeting of September 20, 2011.
9.H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) regular member for Zone 2 to the Neighborhood Advisory
Council to serve a three (3) year term ending July 31, 2014. Based upon t he rotation
system, the appointment will be made by Commissioner Carney (Seat #1).
Mr. Carney moved to appoint Stephen Lampel (Zone 2) as a regula r
member to the Neighborhood Advisory Council to serve a three (3) yea r term ending July
31, 2014, seconded by Dr. Alperin. Upon roll call the Commission voted as follows:
Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mrs. Gray – Yes. Said
motion passed with a 4 to 0 vote.
9.I. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) alternate member to the Financial Review Board to serve an unexpired term
ending July 31, 2013. Based upon the rotation system, the appointment will b e made by
Commissioner Alperin (Seat #2).
Dr. Alperin moved to appoint David Stein as an alternate member to the
Financial Review Board to serve an unexpired term ending July 31, 2013, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Dr.
Alperin – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Sa id motion passed with a 4 to
0 vote.
9.J. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to the Police Advisory Board to serve an unex pired term ending
July 31, 2012. Based upon the rotation system, the appointment will be ma de by
Commissioner Gray (Seat #4).
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Mrs. Gray stated she would like to defer her appointment to the next
regular meeting of September 20, 2011.
The City Clerk stated since Mrs. Gray’s appointment was pr eviously
deferred it will now roll over to the next Commissioner.
9.K. APPOINTMENT TO THE KIDS AND COPS COMMITTEE:
Appoint one (1) At-Large-Representative to the Kids and Cops Commit tee to serve a two
(2) year term ending July 31, 2013. Based upon the rotation system, the appointment will
be made by Commissioner Gray (Seat #4).
Mrs. Gray moved to reappoint Phyllis Willingham (At-Large-
Representative) to the Kids and Cops Committee to serve a two (2) year term ending July
31, 2013, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Dr.
Alperin – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 6:48 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 29-11: Consider a city-initiated amendment to the
Land Development Regulations (LDR) Section 4.4.13 “Central Business (CBD) District”,
Subsection (G), “Supplemental District Regulations” and Secti on 4.4.24, “Old School
Square Historic Arts District (OSSHAD)”, Subsection (G), “Supplemental District
Regulations” to clarify the parking requirements for restaurant s. If passed, a public
hearing will be held on September 20, 2011.
The caption of Ordinance No. 29-11 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 SECTION 4.4.13, “CENTRAL BUSINESS
(CBD) DISTRICT”, SUBSECTION (G),
“SUPPLEMENTAL DISTRICT REGULATIONS”,
SECTION 4.4.24, “OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD)”, SUBSECTION (G),
‘SUPPLEMENTAL DISTRICT REGULATIONS”, TO
CLARIFY THE PARKING REQUIREMENTS FOR
RESTAURANTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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(The official copy of Ordinance No. 29-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this i s a
reconsideration of what was previously Ordinance No. 20-11 and has been r enumbered to
Ordinance No. 29-11 and involves a proposal to increase the parking f rom 6 per 1,000 to
12 per 1,000 square feet for restaurants to be equal to parking requi rements City-wide.
Mr. Dorling stated there were discussions that came up at the p revious meeting that
related to what the City had previously required for parking. He stated the CBD (Central
Business District) was created in the 1970’s and had different re staurant parking which
began at 10 per 1,000 and was changed to 1 per 300 then went to 12 per 1,000 and we nt
back to 1 per 300 and then went to 6 per 1,000. Mr. Dorling stated there is also a
discussion about restaurant parking ration comparisons and whether 12 per 1,000 were
reasonable for restaurants. He stated with a 1,000 square foot re staurant there is a
potential for 40 seats; if you assume 2 per vehicle this would equa te to an actual parking
impact of 1,000 restaurants of 20 vehicles for the patrons and that doe s not factor in any
number of spaces for employees and these types of uses gener ate high employee rates.
Mr. Dorling stated it also does not assess any parking requireme nts for outside sidewalk
cafés. He stated he has also provided some details of what other cities and municipalities
do in Palm Beach County and the cities rates are consistent with them and range from 16
per 1,000 to 1 per 1,000 in one particular area in West Palm Beach. M r. Dorling stated
staff also looked at other planning organizations recommendations on re staurant numbers
and the Urban Land Institute recommends 14 spaces per 1,000 and the Inst itute of
Transportation Engineers recommends 13 spaces per 1,000. Mr. Dorling stated 12 spaces
is reasonable and does not meet the actual demand that these sorts of uses actually create.
Mr. Dorling stated there is discussion in the backup information a bout the diversity of
uses and this area corresponds with Cluster 4 that was never a dopted by the City
Commission but provided valuable insight and some direction with re spect to what
businesses we should try to recruit going forward. Mr. Dorling stated this modi fication in
no way prohibits the conversion of retail space to restaurants i n this small area; it will
however make it less attractive to locate a restaurant in thi s five block area which has
seen a proliferation of restaurant uses. It will also have an e ffect of increasing interest in
other areas for restaurant conversions that have not seen the proli feration which would
include places like Pineapple Grove, West Atlantic Avenue and other parts of t he CBD.
Dr. Alperin supports passing this ordinance in this form and that will give
the Commission a chance to modify it and to also hear public comments on it too.
Mr. Carney stated when this was Ordinance No. 20-11 and was as sured by
staff that the vacant property there would be included if there were ever a change in use
from its current vacant lot status into when someone actually appli ed to do something
there that whatever was passed those requirements would apply to t hat property as
improved. Mr. Dorling stated the ordinance as written says tha t the CBD within that area
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described including that parcel would be subject to the ordinance. The property does not
have the potential to be developed into retail or commercial us es and as soon as it is
developed for commercial uses it would apply.
Mr. Carney expressed concern that sidewalk cafés are not incl uded in the
parking calculations.
Mrs. Gray stated she supports this ordinance this evening and is l ooking
forward to the incentive that the City will be coming up with s hortly. She expressed
concern over the valet queues and asked if this is something that st aff is going to be
looking at as well as the pricing of them and the manning of the parking garage s.
Mayor McDuffie stated while he agrees that we need to take a look at this
because we need to encourage retail in Delray but he does not se e that we are addressing
that here. However, Mayor McDuffie stated he supports passi ng this on for second
reading.
Dr. Alperin moved to approve Ordinance No. 29-11 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as fol lows: Dr. Alperin –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es. Said motion passed
with a 4 to 0 vote.
At this point, the time being 7:01 p.m., the Commission moved to the du ly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 34-11 (TENTATIVE MILLAGE LEVY): A
resolution tentatively levying a tax on all properties withi n the City of Delray Beach for
operation and maintenance and for payment of principal and intere st on bonded
indebtedness for FY 2012.
The caption of Resolution No. 34-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO TENTATIVELY LEVY
A TAX ON ALL PROPERTIES WITHIN THE CITY OF
DELRAY BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO TENTATIVELY LEVY A
TAX FOR THE PAYMENT OF PRINCIPAL AND
INTEREST ON BONDED INDEBTEDNESS, AND TO
ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 34-11 is on file in the City Clerk’s
office.)
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A public hearing was held having been legally advertised in com pliance
with the laws of the State of Florida and the Charter of the City of Delray Be ach, Florida.
The City Attorney stated this is a tentative millage levy for the City of
Delray Beach of 7.19 which is 4.03% below the rolled-back millage rate of 7.4922.
Mayor McDuffie declared the public hearing open.
The City Manager stated the City’s millage this year is lower than it was
in 2006 and the total tax roll is lower than it was in 2006. He state d the City’s property
tax levy has been decreased below what it was in 2006 and anyone’s whose taxes have
increased is because of the distortions in the property tax s ystem not because of the taxes
the City is levying overall.
Steve Blum, Antilles Homeowners Association, stated he spent all day
today reviewing the preliminary 2012 budget (367 pages) and he want s the same union
that represents the Police, Fire, and City employees to repr esent him. Mr. Blum stated
they convinced the City Commission at the time that Delray Bea ch could forever afford
their demands of high wages, great benefits, and lucrative retire ments. He stated they
convinced our leaders that the citizens of Delray Beach had bot tomless pockets of cash
and could raise taxes at any time. Mr. Blum stated the road the y are on is unsustainable.
Mr. Blum stated all over this country people are selling their buildings and homes not
because they cannot afford the mortgage anymore but because they cannot afford the
taxes or insurance being levied upon them. He also commented ab out the fire
assessment fee. Mr. Blum stated he would like to see the City cut their services more and
look at raising taxes a lot less. He stated he would like to se e recommendations from the
City Commission on where we can cut instead of raising taxes.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach), stated over the last couple of years he has attended numerous fina ncial meetings
and thanked the City Manager for the phenomenal job with getting e veryone through the
budget process.
Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445,
stated she is opposed to the City’s proposal regarding taxing the young people for use of
the athletic field. Mrs. Odom stated kids walk from their homes t o Pompey Park and
urged the Commission to reconsider the $5.00 fee. Also, she thanked the Ci ty for the
many years of supporting the activities at Pompey Park.
Christina Morrison Pearce, 2809 Florida Boulevard Apt. #207, Delray
Beach, FL 33483, publicly thanked the City Manager for his participation in the 6 pillars
project with the Economic Council and for his financial leadership. Ms. Pearce s tated she
agrees that the tax base is way down and in reviewing the bud get she suggested that the
parking fees and valet fees be increased. She suggested that t he City have electronic
surveillance in the garages and feels this could make the garages flourish. Ms. Pearce
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stated over 14% of the City’s budget goes towards Parks and Recr eation. She stated
several employees have not had raises in many years.
Ed McCall, 3909 Maurice Drive, Delray Beach, FL 33445, commented
about the newsletter regarding input from residents to look for w ays to cut expenses and
not affect needy programs and services and stated when he is downtow n he sees
volunteer police walking and riding around in the CBD. Mr. McCall sta ted this is a nice
program for retirees but it is costing the City a lot of m oney. Mr. McCall stated that he
would rather see these volunteers as ambassadors with the Chamber of Commer ce.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 34-11, the public hearing was closed.
Dr. Alperin moved to approve Resolution No. 34-11 (Tentative Millage
Levy), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs.
Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alp erin – Yes. Said motion
passed with a 4 to 0 vote.
10.B. RESOLUTION NO. 35-11 (TENTATIVE MILLAGE LEVY/DDA):
A resolution tentatively levying a tax of one mill on all prop erties within the Downtown
Development Authority Taxing District of the City of Delray Beach for FY 2012.
The caption of Resolution No. 35-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, TO TENTATIVELY LEVY
A TAX ON ALL PROPERTIES WITHIN THE
DOWNTOWN DEVELOPMENT AUTHORITY TAXING
DISTRICT OF THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION,
AND TO APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 35-11 is on file in the City Clerk’s
office.)
A public hearing was held having been legally advertised in com pliance
with the laws of the State of Florida and the Charter of the City of Delray Be ach, Florida.
The City Attorney stated Resolution No. 35-11 is setting the tentat ive
millage levy for the DDA at 1.0 mill and it is greater tha n the rolled-back rate of 0.9860
by 1.42%.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was clos ed.
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Dr. Alperin moved to approve Resolution No. 35-11, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mayor Mc Duffie – Yes; Mr.
Carney – Yes; Dr. Alperin – Yes; Mrs. Gray – Yes. Said motion passed with a 4 to 0
vote.
10.C. RESOLUTION NO. 36-11 (TENTATIVE BUDGET ADOPTION
FOR FY 2012): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2011
through September 30, 2012.
The caption of Resolution No. 36-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MAKING
TENTATIVE APPROPRIATIONS OF SUMS OF
MONEY FOR ALL NECESSARY EXPENDITURES OF
THE CITY OF DELRAY BEACH FOR THE PERIOD
FROM THE 1 st DAY OF OCTOBER, 2011, TO THE 30 th
DAY OF SEPTEMBER, 2012; TO PRESCRIBE THE
TERMS, CONDITIONS AND PROVISIONS WITH
RESPECT TO THE ITEMS OF APPROPRIATIONS AND
THEIR PAYMENT; AND TO REPEAL ALL
RESOLUTIONS WHOLLY IN CONFLICT WITH THIS
RESOLUTION AND ALL RESOLUTIONS
INCONSISTENT WITH THIS RESOLUTION TO THE
EXTENT OF SUCH INCONSISTENCY.
(The official copy of Resolution No. 36-11 is on file in the City C lerk’s
office.)
A public hearing was held having been legally advertised in comp liance
with the laws of the State of Florida and the Charter of the City of Delray Be ach, Florida.
Mayor McDuffie declared the public hearing open.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach), stated this is the easiest in the last three years that he has seen this budget
accomplished and it is being evenly distributed. However, Dr. K irson suggested
eliminating the shortfall from the PBA.
The City Manager stated this is the 5 th year in a row that the City has
reduced its budget. In addition, the City Manager stated in looking at 2006, the City’s
pension cost have gone up $2.5 million of which $100,000 is General Employees and
$2.4 million is Police & Fire and health insurance costs have gone up approximately
$850,000. The City Manager stated the City has absorbed those increase s at the same
time we have been cutting the budget. He stated overall staff has worked very hard to
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make this happen with minimal impact on the service the City provides.
Mrs. Gray moved to approve Resolution No. 36-11 (Tentative Budget
Adoption for FY 2012), seconded by Dr. Alperin. Upon roll call the Com mission voted
as follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mrs. Gray – Yes; Mayor McDuffie –
Yes. Said motion passed with a 4 to 0 vote.
11.B. From the Public.
11.B.1. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach), stated Delray Beach is building two hotels to have more room for tourists but
something as simple as three foot wide and one foot high stretching as far as you could
see it on the beach at A-1-A and Atlantic will turn the tourists away onc e it gets here. Dr.
Kirson stated he was informed that we used to clean the beach five days a week but
because of budget cuts we reduced it to three. He stated he w ould like to see this go back
to five days a week and stated over the labor holiday weekend it looked terrible.
11.B.2. Gladys Whigham, Assistant City Commissioner for Priscilla Taylor,
stated on behalf of the Palm Beach County Commission, Priscilla Taylor would like to
extend warm congratulations to Dr. Alperin on his recent appointment a nd wishes him
well on his tenure. Ms. Whigham stated Commissioner Taylor’s dist rict (District 7)
extends from Linton Boulevard in Delray Beach to Lake Park north incorporating ten
municipalities. Ms. Whigham stated there is an informational meeting being held on
Thursday, September 15, 2011 from 2:00-7:00 p.m. in Palm Beach Gardens and t he
purpose of this informational meeting is to get the local communiti es of Palm Beach
County actively involved and get jobs back in the community. Ms. Whigham sta ted there
is a $900 million contract that has been awarded to build the new Wa ste-to-Energy
facility in Palm Beach County and there are going to be various op portunities for a
number of jobs for local contractors, vendors, and suppliers are m ade aware of this. Ms.
Whigham stated the website is: www.swa-wteproject.com or call Commissioner Taylor’s
office (561)355-2207 or (561)276-1350 for additional information.
11.B.3. Al Jacquet, 236 S.E. 3 rd Avenue, Delray Beach, FL 33483, speaking as
a citizen of Delray Beach, the State of Florida has just completed its 26 meetings around
the State doing the redistricting process. Mr. Jacquet stated di scussions around the State
dealt with Orlando gaining one congressional seat and the State o f Florida is gaining two
congressional seats because of the population growth; one is going to be around Orlando
and the other one in South Florida. He stated Amendments 5 and 6 passed last year and
noted that Amendment 6 is being challenged by two congresspersons . Mr. Jacquet stated
one of the biggest issues right now is they are trying to make sure they comply with
Amendment 5 which asks that they draw the districts to be compac t and also dealing with
Section 2 of the Voting Rights Act asking that they take into consi deration race and
language when drawing the lines as well. He stated Delray Beach was not a big topic
with regard to the redistricting so this means the representation we have here now is fine.
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11.B.4. Ed McCall, 3909 Maurice Drive, Delray Beach, FL 33445, expressed
concern over the parking issue downtown during the day and stated when y ou get off the
side streets the parking limits are inconsistent (2 hours, 4 hours and 6 hours) on different
lots. Mr. McCall stated he does not like to see people getting a parking ticket during the
day when they are downtown spending money either in the restaurants or businesses or a
tourist from out-of-state getting a parking ticket. He stat ed he is not talking about the
metered parking. Mr. McCall stated this needs to be made frie ndlier and suggested that
the parking be free during the day.
11.B.5. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445,
stated when she took her grandchildren to the beach over the summer she noted the
parking maximum is 2 hours so you cannot put any more money into the me ter which
makes this inconvenient for people. Mrs. Odom stated most people spend more than two
hours at the beach and suggested extending this so that people can put more money into
the meters or eliminate it altogether.
11.B.6. Evelyn Dobson, 130 N.W. 3 rd Avenue, Delray Beach, FL 33444,
commended the City Commission, the City Manager and staff for the improvements that
are taking place west of Swinton Avenue. Ms. Dobson stated she ha s been a resident for
over 35 years and is happy to see the beautification projects tha t are taking place on
Martin Luther King Boulevard from Swinton Avenue to N.W. 12 th and the improvements
that are taking place on S.W. 12 th .
11.A. City Manager’s response to prior public comments and inquiries.
None.
At this point, the time being 7:35 p.m., the Commission moved back to
Item 12.B., First Readings .
12.B. ORDINANCE NO. 27-11: Consider amendments to the Community
Redevelopment Agency (CRA) Plan. If passed, a public hearing will be held on
September 20, 2011.
The caption of Ordinance No. 27-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
MODIFYING THE COMMUNITY REDEVELOPMENT
PLAN FOR THE CITY OF DELRAY BEACH; FINDING
THAT THE MODIFICATIONS CONFORM TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS
AMENDED; FINDING THAT THE MODIFICATIONS
ARE CONSISTENT WITH THE CITY OF DELRAY
BEACH'S COMPREHENSIVE PLAN, AND MAKING
FURTHER FINDINGS PURSUANT TO THE
APPLICABLE REQUIREMENTS OF FLORIDA
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09/06/11
STATUTE 163.360; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 27-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated the CR A
Plan establishes projects and programs to be undertaken by the CRA in the coming years.
Mr. Dorling stated this was originally adopted in 1986 and has been a mended several
times and the latest amendment was in December 2009. Mr. Dorling stated if approved,
it will supersede the current redevelopment plan that is in place now. The proposed
amendments are detailed in the staff report in particular the Planning and Zoning staff
report but they basically include updated information on current p lans, project and
program descriptions and the addition of two new projects and an updat ing of the maps to
reflect current conditions and potential future acquisitions.
At its meeting of July 6, 2011, the Pineapple Grove Main Street E xecutive
Board reviewed the amendments and recommended approval with no changes. At its
meeting of July 11, 2011, the Downtown Development Authority (DDA) revi ewed the
amendments and they requested more emphasis on parking improvements a nd business
facility upgrades on Osceola Park and those improvements have b een incorporated in the
Community Redevelopment Plan. At its meeting of July 12, 2011, the West Atlantic
Redevelopment Coalition (WARC) reviewed the amendment but recomme nded the
addition of a new “economic diversity statement” to the program objectives of several
sections, in order to promote CRA contracts with more minority-owne d businesses
located within the CRA District. The CRA Board declined to include the state ment in the
proposed amendment.
At its meeting of August 15, 2011, the Planning and Zoning Board
reviewed the amendments and recommended approval.
Dr. Alperin stated it is exciting to see the changes and noted 12 -22 years
ago he used to watch the CRA struggling to get Atlantic Avenue e ast of Swinton Avenue
going.
Mr. Carney stated the CRA does great work.
Mrs. Gray stated she too thinks that the CRA does great work and we have
wonderful partnerships throughout the City. She suggested that the CRA appoint their
WARC members.
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09/06/11
Elizabeth Burrows, representative from the Community
Redevelopment Agency, stated WARC is in the process of going through its bylaws and
taking a look at not only the number of Board members that they have and the number of
positions they require on that Board but also how those Board members are selected, the
application process, and the terms that they would serve. Mrs. Burr ows stated WARC’s
next meeting is actually scheduled for Tuesday, September 13, 2011 at 6:00 p.m. at the
Delray Beach Public Library. She stated with regard to t he CRA Board appointing
members to WARC that has never actually been the case and sp eaking on behalf of
WARC they prefer to maintain a certain level of sovereignty from the CRA in those types
of decisions.
Dr. Alperin moved to approve Ordinance No. 27-11 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as fol lows: Dr. Alperin –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es. Said motion passed
with a 4 to 0 vote.
12.C. ORDINANCE NO. 28-11: Consider an ordinance which
provides definitions for fraud, waste, abuse, misconduct and mismanageme nt related to
the Palm Beach County Inspector General. If passed, a public he aring will be held on
September 20, 2011.
The caption of Ordinance No. 28-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 10, “GENERAL PROVISIONS”.
BY AMENDING SECTION 10.05, “DEFINITIONS”, BY
ADOPTING A PREAMBLE ALONG WITH FIVE (5)
NEW DEFINITIONS WHICH SHALL BE INCLUDED
AMONG THE EXISTING DEFINITIONS IN
ALPHABETICAL ORDER; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 28-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance and state d the
Inspector General ordinance was adopted by Palm Beach County in 2010 and provides
that the Inspector General can provide oversight into transactions involving local
governments. These definitions will help provide clarity to emp loyees, officials, and
vendors as far as what we would consider to be misconduct, mismanag ement, fraud, or
abuse. The City Attorney stated there is also a provision in the County ordinance that
provides that the City Manager would have to report allegations of m ismanagement or
fraud within the City.
Brief discussion by the Commission ensued.
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09/06/11
Mr. Carney moved to approve Ordinance No. 28-11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed
with a 4 to 0 vote.
12.D. ORDINANCE NO. 30-11: Consider an Ordinance amending Chapter 96,
“Fire Safety and Emergency Services”, of the Code of Ordinances, by amending Section
96.16, “Certain Codes Adopted by Reference”, to promote clarity, conciseness, and a
common sense methodology. If passed, a public hearing will be hel d on September 20,
2011.
The caption Ordinance No. 30-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 96, “FIRE SAFETY AND
EMERGENCY SERVICES”, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 96.16,
“CERTAIN CODES ADOPTED BY REFERENCE”, TO
CLARIFY THE REQUIREMENTS FOR
RECONSTRUCTION; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 30-11 is on file in the City Clerk’s
official).
The City Attorney read the caption of the ordinance.
Lieutenant Jim Tabeek, Fire-Rescue Department, stated he i s present for
any questions the Commission may have.
Dr. Alperin moved to approve Ordinance No. 30-11 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as foll ows: Mayor
McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mrs. Gr ay – Yes. Said motion
passed with a 4 to 0 vote.
12.E. ORDINANCE NO. 31-11: Consider an amendment to Chapter 35,
“Employee Policies and Benefits”, Section 35.089, “Definitions”, to re vise the definition
of “Normal Retirement Date”. If passed, a public hearing wil l be held on September 20,
2011.
The caption of Ordinance No. 31-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
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09/06/11
AMENDING CHAPTER 35, “EMPLOYEE POLICIES
AND BENEFITS”, SECTION, “35.089, “DEFINITIONS",
TO REVISE THE DEFINITION OF “NORMAL
RETIREMENT DATE”; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 31-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance and state d this
ordinance clarifies the normal retirement date for the people who were hired after
October 6, 2010. However, the City Attorney stated staff did not t ake into account where
we had employees who may have been employed prior to that date , that had left
employment and were vested, and now have come back and have been r e-employed by
the City. Therefore, he stated staff has clarified that their prior retirement will be under
the old system and since they were hired back after October 6, 2010, that amount of
money they would receive from that retirement will be governed by the rules that are in
affect after October 6, 2010.
Dr. Alperin moved to approve Ordinance No. 31-11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Carney –
Yes; Dr. Alperin – Yes; Mrs. Gray – Yes; Mayor McDuffie – Y es. Said motion passed
with a 4 to 0 vote.
12.F. ORDINANCE NO. 26-11: Consider a city-initiated amendment to the
Land Development Regulations (LDR), to amend Article 2.2, “Establis hment of Boards
Having Responsibilities for Land Development Regulations”, and to a mend Section
4.4.6, “Medium Density Residential (RM)”, to provide for housekeeping corre ctions to
outdated references. If passed, a public hearing will be held on Septe mber 20, 2011.
The caption of Ordinance No. 26-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTIONS 2.2.1, “GENERAL
PROVISIONS”, 2.2.2, “THE PLANNING AND
ZONING BOARD”, SUBSECTIONS (A), “CREATION”
AND (E), “DUTIES, POWERS, AND
RESPONSIBILITIES”; 2.2.3, “THE SITE PLAN
REVIEW AND APPEARANCE BOARD”,
SUBSECTION (D), “DUTIES, POWERS, AND
RESPONSIBILITIES”; 2.2.4, “THE BOARD OF
ADJUSTMENT”, SUBSECTION (A), “CREATION”;
AND 4.4.6, “MEDIUM DENSITY RESIDENTIAL (RM)
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09/06/11
DISTRICT”, SUBSECTION (H), “SPECIAL
REGULATIONS”, TO CORRECT OUTDATED
REFERENCES THEREIN; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this
ordinance proposes housekeeping corrections where previous amendments to the LDRs
changed section numbers and placement without a corresponding change t o those
sections referenced elsewhere in the Code.
At its meeting of August 15, 2011, the Planning and Zoning Board
recommended approval with a 6 to 0 vote (Connor Lynch absent).
Dr. Alperin moved to approve Ordinance No. 26-11 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as fol lows: Dr. Alperin –
Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es. Said motion passed
with a 4 to 0 vote.
12.G. ORDINANCE NO. 33-11: Consider an amendment Amending Chapter
91, “Animals”, Section 91.03, “Trapping, Hunting Birds”; Chapter 95, “E mergency
Management”, Section 95.05, “Declaration of a State Of Emergency”, a nd Section 95.09,
“Police Emergencies”; Chapter 96, “Fire Safety and Emergency Services”, Section 96.25,
“Discharge Or Use of Fireworks, Pyrotechnic Devices and Speci al Effects”; Chapter 101,
“Parks, Beaches and Recreation”, Section 101.20, “Firearms and Weapo ns; Fireworks”,
Section 101.36, “Additional Rules Applying to Parks, Recreational Facil ities and the
Municipal Beach”, Subsection 101.36(D), “Safety Hazards”, and Subse ction 101.36(E),
“Nuisances at Parks, Recreational Facilities and Municipal Be ach Sites”; and Chapter
132, “Offenses Against Public Peace and Safety”, by repeali ng Section 132.02,
“Disturbing the Peace; Public Places”, of the Code Of Ordinance s, to conform with
regulations set forth in House Bill 45 amending Section 790.33, Florida S tatutes and to
otherwise comply with State and Federal Statutes. If passed, a public hearing will be held
on September 20, 2011.
The caption of Ordinance No. 33-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 91, “ANIMALS”, SECTION
91.03, “TRAPPING, HUNTING BIRDS”; CHAPTER 95,
“EMERGENCY MANAGEMENT”, SECTION 95.05,
“DECLARATION OF A STATE OF EMERGENCY”,
AND SECTION 95.09, “POLICE EMERGENCIES”;
27
09/06/11
CHAPTER 96, “FIRE SAFETY AND EMERGENCY
SERVICES”, SECTION 96.25, “DISCHARGE OR USE
OF FIREWORKS, PYROTECHNIC DEVICES AND
SPECIAL EFFECTS”; CHAPTER 101, “PARKS,
BEACHES AND RECREATION”, SECTION 101.20,
“FIREARMS AND WEAPONS; FIREWORKS”,
SECTION 101.36, “ADDITIONAL RULES APPLYING
TO PARKS, RECREATIONAL FACILITIES AND THE
MUNICIPAL BEACH”, SUBSECTION 101.36(D),
“SAFETY HAZARDS”, AND SUBSECTION 101.36(E),
“NUISANCES AT PARKS, RECREATIONAL
FACILITIES AND MUNICIPAL BEACH SITES”; AND
CHAPTER 132, “OFFENSES AGAINST PUBLIC
PEACE AND SAFETY”, BY REPEALING SECTION
132.02, “DISTURBING THE PEACE; PUBLIC
PLACES”, OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, TO CONFORM WITH
REGULATIONS SET FORTH IN HOUSE BILL 45
AMENDING SECTION 790.33, FLORIDA STATUTES
AND TO OTHERWISE COMPLY WITH STATE AND
FEDERAL STATUTES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 33-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Cathy Kozol, Assistant City Attorney/Police Legal Advisor, s tated this
ordinance is done in response to the new House Bill 45 approved by the G overnor on
June 2, 2011 and becomes effective October 2, 2011. Ms. Kozol stated House Bill 45
expands the Legislature’s preemption in the field of firearms and ammunitions
regulations. She stated they want State consistency across the board between
municipalities and counties. The City is thus compelled to amend c ertain sections of the
Code of Ordinances to comply with this new legislation.
Dr. Alperin moved to approve Ordinance No. 33-11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed
with a 4 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
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09/06/11
The City Manager stated Commissioner Carney had raised a ques tion
about staff’s response to public records requests. The City Ma nager noted the City
Clerk’s response was very comprehensive and thorough and he has nothing to add to it.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Dr. Alperin
Dr. Alperin stated he really noticed this evening especiall y with the
discussion regarding the budget he heard many more compliments tha n complaints and is
thrilled the City has the people it has working for it.
13.C.2. Mr. Carney
Mr. Carney commented about the public records requests and st ated he
received correspondence related to the comparison between a publ ic information request
made to an adjoining town and here and the scope of our compliance is so much greater.
Mr. Carney stated he asked the City Clerk to get back with him about how many public
information requests are made to the Town of Gulf Stream and the y average three a
month and they do not provide any electronic copies in their response and is really
limited to hard copies compared to all the scopes of all the activities that we do here. Mr.
Carney stated it is really not a fair comparison and felt t hat the City Clerk’s response was
comprehensive and he is happy that staff is initiating a change to the website giving
people a general idea what to expect.
Secondly, Mr. Carney stated with regard to reprioritizing expenses, etc. he
understands the importance of getting the pavilion done and noted there ar e a variety of
projects that are very important. He stated the City is not hiring in certain departments
are not hiring because of the budget issue and feels a lot is being done to addre ss staffing.
Lastly, Mr. Carney stated there were several comments t his evening
regarding parking which relate to the need of a comprehensive revi ew of all the parking
in the city and downtown as to how we want to address parking on the si de streets and
how we want to encourage the use of the parking garage. Mr. Carney stated the lack of
security that some perceive in the parking garage warranted or unwarranted needs to be
address and we need to do everything we can to assure anyone who par ks there that they
will be as safe as they can be. He stated there has bee n some discussion about creation of
valet parking at the parking garages.
29
09/06/11
13.C.3. Mrs. Gray
Mrs. Gray stated she attended the Florida League of Cities Conference in
Orlando they talked about the internet cafés and asked staff to look into this because this
may become a big problem. She stated these internet cafés are setting up throughout
Florida and would like to get information on that now so that we can be prepared when
they start asking for permits or opening up in the city. The City Manager stated he has
brought this issue to the City Attorney’s attention and to Mr. Dorling’s atte ntion.
Secondly, Mrs. Gray stated with regard to Mrs. Odom’s comments about
the fee for athletes to participate in our city, she would l ike to look at some of the fields
because she feels there is a lot of income at the soccer com plex with tournaments and the
uses of the City’s fields throughout the year. She stated they use the field ten months out
of the year and they actually sublease to other companies and she does not know if this is
in the agreement or not but feels those are dollars that the Cit y could be receiving instead
of another organization.
Lastly, Mrs. Gray stated she knows the Community Redevelopme nt
Agency (CRA) is getting away from low income housing and wants t o make sure that
they are still looking at workforce housing and not just getting rid of housing altog ether.
13.C.4. Mayor McDuffie
Mayor McDuffie commended the City Clerk on her response about public
records request. He stated he feels that things are responded to here as expeditiously as
possible.
Secondly, Mayor McDuffie stated with regard to affordable hous ing he
was looking for some rental property for a young single mom i n Palm Beach County who
approached him and wanted to know what he could find. He stated he did some research
and today had a conversation with Dorothy Ellington regarding HUD as sistance. Mayor
McDuffie stated they put out a press release for applications for housing and the Delray
Beach Housing Authority received 7,000 applications. This year they w ill put 1,000
people on the waiting list and for rental communities it may be 20 years before these
people have housing available in these numbers.
Secondly, Mayor McDuffie stated Delray Beach will now have a PGA
Superstore located at 1060 Linton Boulevard.
Mayor McDuffie commented about the Grand Opening for Aldi Groc ery
Store. He stated this is a very positive step for us to have p eople and businesses of this
magnitude move into our community in these tough times.
At this point, Mr. Carney stated he was happy to represent the Mayor at
the Grand Opening. He stated he had the opportunity to speak to seve ral of the other
shop owners and they are thrilled with the foot traffic this is going to generate. He stated
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09/06/11
he welcomes the addition and is glad they had confidence in Delray Be ach to open the
store.
There being no further business, Mayor McDuffie declared the m eeting
adjourned at 8:09 p.m.
_______________________________________________
City Clerk
ATTEST:
____________________________________
M A Y O R
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeti ng held
on September 6, 2011, which Minutes were formally approved and adopte d by the City
Commission on ________________________.
_________________________________________________________
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They wil l become the official
Minutes only after review and approval which may involve some amendme nts, additions
or deletions as set forth above.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Dot Bast, Training & Development Manager
Bruce Koeser, Human Resources Director
THROUGH:David Harden, City Manager
DATE:September 6, 2011
SUBJECT:AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
RESOLUTION NO. 31 -11
ITEM BEFORE COMMISSION
Resolution 31-11 honoring Vivian Mitchell for 30 ye ars of service.
BACKGROUND
In accordance with the City’s service award policy, employees with 30 years of continuous full-time
service are to be honored by the City Commission wi th a resolution and plaque. Vivian Mitchell, Parks
Maintenance Crew Leader, achieved this milestone on August 31, 2011.
RESOLUTION NO. 31-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING
VIVIAN MITCHELL FOR THIRTY YEARS OF DEDICATED SERVICE
TO THE CITY OF DELRAY BEACH.
WHEREAS, Vivian Mitchell was hired by the City of Delray Beach as a Laborer I on August 31,
1981 and on August 31, 2011 reached a milestone in her career, having achieved thirty years of full-time
service with the City; and
WHEREAS, Vivian Mitchell has served this community with honor and distinction as a Laborer I
and Crew Leader I in the Parks Maintenance Division; and
WHEREAS, Vivian is a dedicated and extraordinarily reliable employee whose wor k ethic is above
reproach, and who has approached her duties with a positive attit ude, always striving for excellence in
herself and her crew; and
WHEREAS, we acknowledge Vivian’s extensive knowledge of parks maintenance s tandards and
appreciate her willingness to go above and beyond to serve the citizens of Delr ay Beach; and
WHEREAS, she has demonstrated the highest standards for teamwork, safety, re sourcefulness, and
stewardship of department resources; and
WHEREAS, the City of Delray Beach and the Delray Beach Parks and Recr eation Department are
honored to have had Vivian Mitchell as a valued member of the municip al team over the past 30 years and
she is greatly appreciated by her co-workers and the entire city staff.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Be ach hereby recognizes and commends
Vivian Mitchell for thirty years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresses sincere thanks and
appreciation to Vivian Mitchell for her many years of service, and wishes her the b est of health and happiness
in her continued employment.
2
Res No. 31-11
PASSED AND ADOPTED in regular session on this the 20 th day of September 2011.
___________________________________
MAYOR
ATTEST:
__________________________________
CITY CLERK
3
Res No. 31-11
PRESENTED TO
Vivian Mitchell
As a token of our esteem and gratitude
for your 30 years
of outstanding contributions
and distinguished service to
The City of Delray Beach
Parks and Recreation Department
August 31, 2011
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 16, 2011
SUBJECT:AGENDA ITEM 7.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION VIDEO - CITY AND
SCHOOL DISTRICT PARTNERSHIP
ITEM BEFORE COMMISSION
This item is a presentation of a video produced for the International City/County Management
Association (ICMA) annual conference highlighting t he City's partnership with the School District of
Palm Beach County.
BACKGROUND
The City was presented with an opportunity to patic ipate in a film production to be shown at the 97th
ICMA Annual Conference. The video is a short docu mentary feature on the the City's partnership with
the School District. The video will be shown at th e Commission meeting.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tracie M. Lutchmansingh, P.E., Assistant City Engineer
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:September 14, 2011
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
REQUEST SIDEWALK DEFERRAL / 1005 BUCIDA ROAD
ITEM BEFORE COMMISSION
The item before Commission is consideration of a si dewalk deferral along Bucida Road and Seasage
Drive for property located at 1005 Bucida Road.
BACKGROUND
The applicant submitted a building permit applicati on to construct a new single family residence.
Currently, there are no plans to install a sidewalk along Bucida Road and Seasage Drive. Sidewalk
deferral was supported at the September 8th, 2011 D SMG meeting.
RECOMMENDATION
Staff recommends approval of the sidewalk deferral.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:September 9, 2011
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
ADDITIONAL SCOPE/FOSTER MARINE CONTRACTORS, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to approve addit ional scope consisting of: relocation of twelve (12 )
sewer laterals from SW 2nd St. to 3rd St. in the am ount of $7,246.20; two (2) additional street light
poles in the amount of $15,736.29; and construction of 72 LF of concrete ribbon in the amount of
$1,728.00; for a total of: $24,710.49; and approva l for the amount to be paid from the contract's
Unforeseen Conditions Allowance; for the SW 12 Ave/Auburn Avenue/SW 14 Ave Project #2010-
098.
BACKGROUND
On May 3, 2011, Commission approved a Contract Awar d to Foster Marine in the amount of
$1,586,019.82 for construction of improvements on S W 12 Ave./Auburn Ave./SW 14 Ave. from SW 10
St. to W. Atlantic Ave. The scope includes new pav ement, micro-surfacing, curbing, parallel parking,
drainage (including swales), water main upgrades, l andscaping, decorative street lights (SW 1st St to W.
Atlantic Ave) and paver crosswalks.
On June 23, 2011, the City Manager approved an addi tional cost in the amount of $4,150.82 for
electrical changes to provide LED street light fixt ures in lieu of metal halide fixtures; to be paid o ut of
the contract's Unforeseen Conditions Allowance. Th en on July 29, 2011, he approved an additional cost
in the amount of $6,301.46 for excavation and dispo sal of debris encountered during pipe installation; to
be paid out of the contract's Unforeseen Conditions Allowance.
On September 6, 2011, Commission approved additiona l scope consisting of the relocation of ten (10)
Sewer cleanouts between SW 3rd and 4th St. in the a mount of $6,038.50; to be paid out of the contract's
Unforeseen Conditions Allowance.
The requested additional scope involves: relocation of twelve (12) sewer laterals outside of the propo sed
sidewalk area in the block from SW 2nd St. to SW 3r d St.; two (2) additional street light poles, due t o
the contractor not realizing that, when the revised electrical plan was issued changing the metal hali de
fixtures to LED fixtures, two additional poles were added; and the installation of 72 LF of concrete
ribbon that was requested by the CRA, for the prope rty located at 242 SW 12 Ave.
Amount Item Exhibit
$ 7,246.20 Relocation of 10 sewer cleanouts Exhibit "A"
$15,736.29 2 Additional Light Poles Exhibit "B"
$ 1,728.00 Installation of 72 LF of Concrete Ribbons Exhibit "C"
$24,710.49 Total Additional Cost
The total cost of the additional work is $24,710.49 and will be paid from the contract's Unforeseen
Conditions Allowance; which has an available balanc e of $33,509.22. Attached please find: a copy of
the Contract's Unforeseen Conditions Allowance; Exh ibits A, B, & C which detail all of the costs
associated with this additional scope; and a Locati on Map.
FUNDING SOURCE
Cost to be funded out of the Contract's Unforeseen Conditions Allowance.
RECOMMENDATION
Staff recommends approval of additional scope for r elocation of twelve (12) sewer laterals from SW
2nd to 3rd St. in the amount of $7,246.20; two (2) additional street light poles in the amount of
$15,736.29; and the installation of 72 LF of concre te ribbon in the amount of $1,728.00; for a total o f
$24,710.49; and approval for the amount to be paid out of the contract's Unforeseen Conditions
Allowance for the SW 12th Ave/Auburn Avenue/SW 14th Ave Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Timothy Tack, Project Manager ESD/CRA
Richard C. Hasko, Environmental Services Director
THROUGH:David T. Harden, City Manager
DATE:September 9, 2011
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
SERVICE AUTHORIZATION NO. 07 -04.2 / MOCK, ROOS & ASSOCIATES
ITEM BEFORE COMMISSION
Request for Commission approval and authorization f or the Mayor to execute Service Authorization
#07-04.2 with Mock Roos for adding more alley desig n to the NW 12 Ave-Atlantic to MLK Project
#2010-041. The cost of this Service Authorization is $24,072.50
BACKGROUND
On September 21, 2010, City Commission approved Ser vice Authorization 07-04 with Mock Roos to
provide design for the streetscape improvements wit hin the NW 12th Avenue right-of-way between
Atlantic Avenue and NW 2nd Street. During the cour se of this work it was determined that several
residential properties along both sides of NW 12th Ave. will have their parking disrupted as a result of
the project improvements.
To alleviate this impact, it is being proposed that alleys east and west of NW 12th Avenue, between
Atlantic Avenue and NW 1st Street be improved. The improvements will include paving the alleys,
drainage, and access to affected properties from th e improved alleys. The CRA is funding the cost of
this Service Authorization, and the alley paving po rtion of the project is planned in the FY 11-12 CRA
budget.
FUNDING SOURCE
The Funding Source is as follows:
$19,072.50 from account #334-3162-541.68-60
$5,000 from account #448-5461-538.68-60
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:September 8, 2011
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
CHANGE ORDER NO. 1/BRANG CONSTRUCTION, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to approve Chang e Order No. 1 (CO #1) for a contract time
extension of fourteen (14) days; and for the amount of $1,548.30 to be paid out of the Contract's
Contingency Allowance; for additional excavation an d flatwork required at Bus Stop #8 to meet ADA
requirements; for the ARRA Bus Shelters Project #20 09-055.
BACKGROUND
On February 1, 2011, the Commission approved a Cont ract Award to Brang Construction, Inc. to install
23 bus shelters throughout the city. The project i s funded through an ARRA grant received by Palm
Tran.
On July 5, 2011, the City Manager approved an amoun t of $11,166.70, to be paid out of the contract's
Contingency Allowance, for the cost of additional w ork required to comply with ADA requirements per
Palm Tran.
CO #1 is for a contract time extension of fourteen (14) days, which requires Commission Approval.
Also, approval is requested for the additional amou nt of $1,548.30 to be paid out of the contract's
Contingency Allowance for additional excavation and flatwork required at Bus Stop #8 (located on Old
Germantown Road, west of Homewood Boulevard), to me et ADA requirements. This amount was
previously excluded in the total additional cost am ount by Brang.
CO #1 is a "zero" dollar change order, the cost of $1,548.30 associated with this change order will be
paid from the contract's Contingency Allowance. Ex hibit "A" to CO #1 is attached. Also attached is a
copy of the Construction Project Detailed Allowance s Spreadsheet; and a copy of the Location Map.
FUNDING SOURCE
Cost to be funded out of the Contract's Contingency Allowance.
RECOMMENDATION
Staff recommends approval of Change Order No. 1 for a contract time extension of fourteen (14) days;
and approval for the amount of $1,548.30 to be paid out of the Contract's Contingency Allowance; for
additional excavation and flatwork required at Bus Stop #8 to meet ADA requirements; for the ARRA
Bus Shelters Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Bob Diaz Construction Manager
Richard C. Hasko, Environmental Services Director
THROUGH:David T. Harden, City Manager
DATE:September 9, 2011
SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
SITE DEDICATION/F.I.N.D./FLORIDA FISH AND WILDLIFE CONSERVATION
ITEM BEFORE COMMISSION
This item is before the Commission to approve a sit e dedication with The Florida Fish and Wildlife
Conservation Commission and with the Florida Inland Navigation District regarding the modifications
to the Mangrove Park boat ramps.
BACKGROUND
In 2007, a two lane-boat ramp was constructed at Mangrove Park to provi de boating access to the
Intracoastal Waterway. Because of site constraints and storm water management requirements, the boat
ramps were constructed at slopes steeper than is ty pical. Soon it became apparent that boaters were
avoiding the park because of the difficulty they en countered launching and retrieving their boats.
As a result, a City consultant evaluated the proble m and developed plans to improve the functionally o f
the ramp and amenities. The redesign includes remov al of the existing boat ramps and floating dock.
The boat ramp will be re-graded to a lesser slope with an arced break point between high and low tide
levels. The existing floating dock will be reconstr ucted to a lower profile. In addition, the staging dock
east of the ramp will be lowered. Improvements will make it easier to launch and retrieve vessels and
will promote more use of the facility.
Funding for the construction project is provided by grants from the Fish and Wildlife Conservation
Commission, Sport Fish Restoration-Boat Access Program (FWC) ($102,500) and Florida In land
Navigation District (FIND) ($85,740) in the total a mount of $188,240. Both grants contain clauses that
require the grantee to dedicate the project site as a boat access facility for the use and benefit of the
public; twenty years for FWC and twenty-five years for FIND.
RECOMMENDATION
Staff recommends approval.
Attachment (A)
SITE DEDICATION
This Site Dedication gives notice that the Real Property identified as described in
Exhibit A,Legal Description,attached hereto,(the “Property”)has been
developed with financial assistance provided by the Florida Inland Navigation
District,under the grant program called the Waterways Assistance Program.
In accordance with agreement guidelines,the Property is hereby dedicated to the
public as a boating access facility for the use and benefit of the general public for
a minimum period of twenty five (25)years from the date of this dedication.
DEDICATOR
Original signature:Attest:
Printed Name:Nelson S.McDuffie City Clerk:
Title:Mayor,City of Delray Beach Approved as to Form:
Date:City Attorney:
STATE OF FLORIDA
COUNTY OF__________________________
The forgoing instrument was acknowledged before me this ___day of ____________,20__
by_________________________,who is personally known to me or who
produced________________________as identification.
Stamp:
Notary Public,State of Florida
Exhibit "A"
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Aronson, Parking Management Specialist
Richard C. Hasko, PE, Director of Environmental Ser vices
THROUGH:David T. Harden, City Manager
DATE:September 14, 2011
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
AMENDMENT 4 TO SHUTTLE SERVICE CONTRACT/QUALITY TRANSPORT SERVICES,
INC./DOWNTOWN ROUNDABOUT SHUTTLE SYSTEM
ITEM BEFORE COMMISSION
The item before the City Commission is that of appr oving Amendment 4 to the Quality Transport
Services, Inc. contract extending the agreement und er the same terms and conditions currently in place .
BACKGROUND
Quality Transport has been providing transportation services to the City since January of 2007. The
current agreement has been extended twice. Once to expire in April, 2011 to end in conjunction with a
FDOT (Florida Department of Transportation) grant, and again to expire on October 3, 2011 to end in
conjunction with the fiscal year. The Community Red evelopment Agency has included $300,000 in its
proposed budget to fund the shuttle program for fis cal year 2011/12, and will be considering that budg et
for approval at their September 22, 2011 meeting.
Staff has been seeking grants from various sources to replace the existing mini-buses with Trolley style
vehicles, which have been and continue to be cost p rohibitive. However, staff has confirmation from th e
FDOT for $200,000 in operating funds and potentiall y $100,000 for capital expenditure towards the
purchase of vehicles, available with an accompanyin g 50/50 match, currently proposed in the CRA
Budget. Additionally, the City has a $240,000 capit al improvement grant currently approved for the
installation of bus shelters throughout the City. F DOT has suggested that a request to modify the
grant for the capital expenditure of trolleys coul d be supported as part of the County's efforts to
improve utilization of mass transit, specifically T ri Rail, which is serviced by the shuttle system. I t is
noted that bus shelters are currently being install ed through ARRA grants, received subsequent to the
FDOT's approval of the City's request for shelters.
Furthermore, FDOT is in the process of repossessing trolleys from a neighboring municipality, which
was unable to provide service given economic challe nges. Consideration is being given to transfer the
vehicles to Delray Beach pending FDOT's ability to repossess the vehicles and the successful
negotiation of any financial obligations on the par t of the City.
While the prospects seem favorable, no guarantees h ave been made. Once determinations are made,
time must be allotted for the process to run its co urse. Therefore, Staff is seeking approval from the City
Commission to extend the current agreement with Qua lity Transport, under the same terms and
conditions contained in the original agreement and amendments 1 through 3, where applicable.
Attached for your review please find Amendment 4 to the Quality Transport Services, Inc. service
agreement. Staff is seeking a one year extension. I t is noted, Amendment 4 references Amendment 2 of
the agreement which, provides for a 30 day cancella tion clause to accommodate any changes to the
provision of service by the City.
Staff is working with Quality to improve the aesthe tics of the mini-buses by removing the tattered wrap,
detail and/or paint where necessary and a modified identification method utilizing the sides of the bu s,
below the windows and between the wheel wells.
FUNDING SOURCE
Services are currently paid through account 001-315 1-545-34.90 - Other Contractual Services, funded
by the aforementioned organizations.
RECOMMENDATION
By motion, reommend approval of Amendment 4 to the agreement with Quality Transport Services, Inc.
to continue to provide Shuttle Services through Sep tember 30, 2012, under the same terms and
conditions of the original agreement, including app licable modifications resulting from Amendments 1
through 3 contingent upon the CRA 2011/2012 budget approval including a $300,000 item for the
shuttle program.
Scott,
You will be receiving the 200K requested in operati ng funds. I am trying to secure additional funds fo r
trolley’s… Can you send me an updated budget for 20 0K in operating and 100k in capital? I need this
asap… with a local match.
As for the scope change, I do not have any more inf o at this time, I will get back to you once I perus e the
file.
Thanks!
Jackie
Jaclyn N. Meli, LEED AP
Transit Grants Coordinator
Florida Department of Transportation
District Four- Office of Modal Development
3400 W. Commercial Blvd.
Fort Lauderdale, FL 33309
O: (954) 777-4491
F: (954) 677-7892
jaclyn.meli@dot.state.fl.us
“Partnering to achieve a world-class transportation system”- OMD Vision
NOTE: Florida has a very broad public records law. Most written communications including emails rega rding State
business are public records & therefore available t o the public and the media, upon request (Florida S tatute, Chapter
119).
AMENDMENT NO. 4 TO THE AGREEMENT BETWEEN QUALITY TR ANSPORT
SERVICES INC . AND THE CITY OF DELRAY BEACH
THIS AMENDMENT No. 4 to the Agreement dated January 31, 2006 between
the CITY OF DELRAY BEACH (“City”) and QUALITY TRANSPORT SERVICES, INC.
(“Contractor”) is hereby amended this _____ day of ___________________, 2011.
WITNESSETH:
WHEREAS, the parties entered into an agreement dated January 3 1, 2006 for
shuttle bus services and the agreement is set to expire o n October 3, 2011; and
WHEREAS, the parties desire to amend the agreement t o extend the term
through September 30, 2012
NOW, THEREFORE, the parties hereto in consideration of the covenants her ein
contained agree as follows:
1. Recitals. The recitals set forth above are hereby incorporated a s if
fully set forth herein.
2. Modification. The Agreement is modified to include the following
language:
This agreement shall terminate on September, 30, 201 2, unless terminated in
accordance with Paragraph 3 of Amendment No. 2 to the Agreement between
Quality Transport Services, Inc. and the City of Delr ay Beach.
3. Entire Agreement. Except as modified by this amendment, the original
agreement shall remain in full force and effect.
IN WITNESS WHEREOF , the parties have caused this Agreement to be duly
executed on the date written above.
2
ATTEST: CITY OF DELRAY BEACH
______________________ By:_____________________________
City Clerk Nelson S. McDuffie, Mayor
Approved as to Form:
______________________
City Attorney
WITNESSES: QUALITY TRANSPORT SERVICES, INC.
______________________ By:________________________________
______________________
(Print or Type Name)
______________________
______________________
(Print or Type Name)
STATE OF ________________
COUNTY OF ______________
The foregoing instrument was acknowledged before me this _____ day of
______, 2011 by __________________________, as _________________________
(name of officer or agent, title of officer or agent), of
_________________________________ (name of corporat ion acknowledging), a
_________________ (state or place of incorporation) co rporation, on behalf of the
corporation. He/She is personally known to me or has pro duced
_______________________ (type of identification) as identification.
_____________________________________
Signature of Person Taking Acknowledgment
____________________________________
Name Typed, Printed or Stamped
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Dot Bast, Training and Development Manager
Bruce Koeser, Human Resources Director
THROUGH:David T. Harden, City Manager
DATE:September 8, 2011
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
REQUEST TO ATTEND THE CHICK -FIL -A LEADERCAST WORKSHOP
ITEM BEFORE COMMISSION
Approval is requested for Dot Bast, Training and De velopment Manager, to attend a workshop
sponsored by Giant Impact, vendor for Chick-fil-A L eadercast.
BACKGROUND
The City has hosted the Chick-fil-A Leadercast, a leadership simulcast event, for the past two years and
has contracted to host again in May 2012. This year , one representative from each host site around the
country has been invited to attend the Chick-fil-A Leadercast Host Retreat in Atlanta on November 10 -
11, 2011 in order to learn how to be more effective in hosting the 2012 event.
Giant Impact, producer of Leadercast, is sponsoring the retreat and paying all expenses. Since they ar e a
vendor of the City, we sought the opinion of the Et hics Commission about the propriety of a City of
Delray Beach employee attending.
Their opinion is attached. In summary, it is permi ssible for a City employee to attend if the
Commission approves it. Approval is requested for D ot Bast, Training and Development Manager, who
coordinates the event, to attend the workshop.
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rebecca S. O'Connor, Treasurer
David A. Boyd, Director of Finance
THROUGH:David T. Harden, City Manager
DATE:September 14, 2011
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
RESOLUTION NO. 38 -11/WATER AND SEWER REVENUE BOND ISSUE SERIES 2011A
ITEM BEFORE COMMISSION
Approve Resolution No. 38-11 authorizing the issuance of City of Delray Beach Water and Sewer
Revenue Refunding Bonds, Series 2011A (the “2011A B onds”) in the principal amount of $5,430,000
to Branch Banking and Trust (“BB&T”) at a rate of 2.21% for a term of 10 ye ars and a 1%
penalty for early pre-payment. The Series 2011A bonds will be issued for the purpose of refinancing the
Water and Sewer Revenue Bonds, Series 2006.
BACKGROUND
On September 7, 2011, Finance staff received bids f or the refinancing of the City of Delray Beach
Water and Sewer Bonds, Series 2006 (the “2006 Bonds ”). The 2006 Bonds currently have an
outstanding principal balance of $5,870,000, a rate of 4.12% and a 1% penalty for early pre-
payment. The City received bids to refinance these bonds from BB&T, Bank of America Public Capital
Corp and SunTrust. BB&T came in with a rate of 2.21 % for a period of 10 years and included the
waiver of a 1% penalty on the existing bonds. This resulted in the overall highest present value savi ngs
of $555,000 or 9.45% of the refunded bonds. A targe t rate for refunding bonds is generally in the 3% t o
5% range. Please see attached for comparison of rat es and net present value savings.
RECOMMENDATION
Recommend the approval of Resolution No. 38-11 authorizing the sale of Delray Beach Water and
Sewer Revenue Refunding Bonds, Series 2011A in the principal amount of $5,430,000 to Branch
Banking and Trust at a rate of 2.21% for a term of 10 years with a 1% penalty for early pre-payment.
Res. No. R-38-11
RESOLUTION NO. R-38-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 39-
88, AS AMENDED AND SUPPLEMENTED, FOR THE PURPOSE OF
AUTHORIZING A TWELFTH SERIES OF WATER AND SEWER
REVENUE BONDS DESIGNATED AS WATER AND SEWER REVENUE
REFUNDING BONDS, SERIES 2011A (THE “BONDS”), IN THE
AGGREGATE PRINCIPAL AMOUNT OF $5,430,000 FOR THE
PURPOSE OF REDEEMING THE CITY’S OUTSTANDING WATER AND
SEWER REVENUE BONDS, SERIES 2006 (THE “2006 BONDS”) ISSUED
TO FINANCE CERTAIN ADDITIONS, EXTENSIONS AND
IMPROVEMENTS TO THE CITY’S COMBINED PUBLIC UTILITY;
PROVIDING FOR THE TERMS OF SAID BONDS; PROVIDING FO R
THE APPLICATION OF THE BOND PROCEEDS; AUTHORIZING T HE
NEGOTIATED SALE OF SAID BONDS AND APPROVING THE FOR M,
AND AUTHORIZING THE EXECUTION AND DELIVERY, OF A BON D
PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF
THE BONDS TO BRANCH BANKING AND TRUST COMPANY;
INCORPORATING BY REFERENCE THE TERMS AND PROVISIONS
OF RESOLUTION NO. 39-88, AS AMENDED AND SUPPLEMENTED;
AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO A LL
OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN
CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF TH E
BONDS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS , the City of Delray Beach, Florida, a municipal corporation of the State of
Florida (the “City”), presently owns and operates its own potab le water and sanitary sewer
system (herein, the “Combined Public Utility”); and
WHEREAS, the City Commission of the City of Delray Beach, Florida (the
“Commission”), did, on June 12, 1984, adopt Resolution No. 45-84, which was amended and
supplemented on June 26, 1984, and October 10, 1984, authorizing the issuance of its Water and
Sewer Revenue Bonds, Series 1984 (the “1984 Bonds”); and
WHEREAS , the Commission did, on June 28, 1988, adopt Resolution No. 36-88, which
was amended, supplemented and restated by Resolution No. 39-88, adopted on July 12, 1988, as
further supplemented (collectively, the “1988 Resolution”), authorizing the is suance of the City’s
Res. No. R-38-11 2
Water and Sewer Refunding Revenue Bonds, Series 1988 (the “1988 Bonds”), to refund the
City’s 1984 Bonds; and
WHEREAS, the City did, on September 15, 1988, issue its 1988 Bonds in the aggregate
principal amount of $25,135,000; and
WHEREAS , the 1988 Resolution authorizes in Section 4.G of Article III thereo f, of
Part I, the issuance of water and sewer revenue bonds payable on a parity with the 1988 Bonds
issued pursuant to the 1988 Resolution, on the terms and conditions therein contained; and
WHEREAS , the Commission did, on April 24, 1990, adopt Resolution No. 46-90, as
amended and supplemented, which authorized the issuance of $8,000,000 Water and S ewer
Revenue Bonds, Series 1991 A (the “1991 A Bonds”) of the City for the purp ose of financing
certain additions, extensions and improvements to the City’s Combined Public Uti lity; and
WHEREAS, the Commission did, on October 23, 1990, adopt Resolution No. 104-90, as
amended and supplemented, which authorized the issuance of not exceeding $50,000,000 Water
and Sewer Revenue Bonds, Series 1991 B (the “1991 B Bonds”) of the City for the purpose of
financing certain additions, extensions and improvements to the City ’s Combined Public Utility;
and
WHEREAS, the City did, on April 30, 1991, issue its 1991 A Bonds and 1991 B Bonds
in the aggregate principal amounts of $8,000,000 and $14,585,000, respectively; and
WHEREAS, the Commission did, on June 8, 1993, adopt Resolution No. 50-93, which
authorized the issuance of not exceeding $30,000,000 Water and Sewer Refunding R evenue
Bonds, Series 1993 A (the “1993 A Bonds”) for the purpose of paying and r efunding a portion of
the 1988 Bonds and the 1991 A Bonds; and
Res. No. R-38-11 3
WHEREAS , the Commission did, on June 8, 1993, adopt Resolution No. 51-93, which
authorized the issuance of not exceeding $10,000,000 Water and Sewer Revenue Bonds, Series
1993 B (the “1993 B Bonds”) for the purpose of financing certain additi ons, extensions and
improvements to the City’s Combined Public Utility; and
WHEREAS , the City did, on June 29, 1993, issue its 1993 A Bonds and 1993 B Bonds
in the aggregate principal amounts of $21,238,997.35 and $6,865,477.25, respectively; and
WHEREAS, the Commission did, on August 19, 1997, adopt Resolution No. 58-97, as
amended and supplemented, authorizing the issuance of its Water and Se wer Revenue Refunding
Bonds, Series 1997 A (the “1997 Bonds”), in the aggregate principal amount of not exceeding
$17,000,000 to advance refund the Outstanding 1991 B Bonds; and
WHEREAS, the City did on November 18, 1997, issue its 1997 Bonds in the aggregate
principal amount of $15,030,000; and
WHEREAS, the Commission did, on June 8, 1999, adopt Resolution No. 33-99,
authorizing the issuance of not to exceed $3,500,000 in principal amount of Water and Sewer
Revenue Bonds, Subordinate Series 1999 (the “1999 Bonds”); and
WHEREAS, the City did, on June 11, 1999, issue its 1999 Bonds in the aggregate
principal amount of $3,500,000; and
WHEREAS, the Commission did on June 17, 2003, adopt Resolution No. 34-03 and
Resolution No. 34-05, authorizing the issuance of not to exceed $13,500,000 in princip al amount
of Water and Sewer Revenue Refunding Bonds, Series 2003 (the “2003 Bonds”) to pay and
defease all or a portion of the 1993 A Bonds, the 1993 B Bonds and the 1999 Bonds; and
WHEREAS , the City did, on July 9, 2003, issue its 2003 Bonds in the aggregate
principal amount of $11,670,000; and
Res. No. R-38-11 4
WHEREAS , the Commission did, on May 16, 2006, adopt Resolution No. 25-06
authorizing the issuance of not to exceed $7,000,000 in principal amount of Water and Sewer
Revenue Bonds, Series 2006 (the “2006 Bonds”) for the purpose of financing ce rtain additions,
extensions and improvements to the City’s Combined Public Utility; and
WHEREAS , the City did, on May 25, 2006, issue its 2006 Bonds in the aggregate
principal amount of $7,000,000; and
WHEREAS , the Commission did, on November 7, 2006, adopt Resolution No. 66-06
authorizing the issuance of not to exceed $2,350,000 in principal amount of Water and Sewer
Revenue Bonds, Series 2006B (the “2006B Bonds”) for the purpose of financing certain
additions, extensions and improvements to the City’s Combined Public Utility; and
WHEREAS , the City did, on November 17, 2006, issue its 2006B Bonds in the
aggregate principal amount of $2,350,000 ; and
WHEREAS , the Commission did, on September 4, 2007, adopt Resolution No. 48-07
authorizing the issuance of $9,000,000 in principal amount of Water and Sewer Revenue Bonds,
Series 2007 (the “2007 Bonds”) for the purpose of financing certain addi tions, extensions and
improvements to the City’s Combined Public Utility; and
WHEREAS , the City did, on September 18, 2007, issue its 2007 Bonds in the aggregate
principal amount of $9,000,000; and
WHEREAS , on the date hereof there remains Outstanding the 1993 B Bonds, the 2006
Bonds, the 2006B Bonds and the 2007 Bonds (collectively, the “Prior Bonds”); and
WHEREAS , the Commission hereby deems it necessary for the City to issue a twelfth
series of Water and Sewer Revenue Bonds, pursuant to the terms a nd provisions of the 1988
Resolution and this Resolution to redeem all of its Outstanding 2006 Bonds (herein, the “2006
Res. No. R-38-11 5
Bond Retirement”), which Water and Sewer Revenue Bonds shall be des ignated “City of Delray
Beach, Florida, Water and Sewer Revenue Refunding Bonds, Series 2011A” (h erein, the
“Bonds”) and such Bonds shall be issued in the aggregate principal amount of FIVE MILLION
FOUR HUNDRED THIRTY THOUSAND DOLLARS ($5,430,000); and
WHEREAS , except for any Bond Insurance and/or Reserve Account Credit Fa cility
Substitutes applicable to certain of the Prior Bonds, the Bonds sha ll be on parity with the Prior
Bonds remaining Outstanding as to lien on, and source and security for payment from, the Net
Revenues derived from the operation of the Combined Public Utilit y and in all other respects,
except as provided herein or in the Bonds; and
WHEREAS , the City staff has previously solicited bids from lending insti tutions to
provide for, through the purchase of the Bonds, the 2006 Bond Retirement; and
WHEREAS , City staff has determined and the City Commission hereby concur s that
Branch Banking and Trust Company, a banking corporation organized under the laws of the
State of North Carolina (herein, the “Bank”) has provided the best overall bi d to the City; and
WHEREAS , the City Commission hereby finds that in light of present marke t
conditions, the aforementioned bid provided by the Bank, the necessity fo r the funds in calendar
year 2011, and other factors described herein, it would be in the best interest of the City to sell
the Bonds to the Bank on a negotiated basis pursuant to the terms a nd provisions of the 1988
Resolution, this Resolution and that certain Bond Purchase Agreement dat ed the date of delivery
of the Bonds (herein, the “Agreement”) by and between the City and the Bank in substantially
the form attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Res. No. R-38-11 6
SECTION 1: AUTHORITY OF THIS RESOLUTION . This Resolution is
adopted pursuant to the provisions of the 1988 Resolution, the City Chart er of the City, as
amended and supplemented, the Florida Constitution, Chapter 166, Florida St atutes, as amended
and supplemented, and other applicable provisions of law.
FINDINGS. It is hereby ascertained, determined and declared:
A. That all terms not otherwise defined in the recitals set fort h above or in
this Section 1 or Section 2 below shall have the meaning ascribed t o such terms in Part I,
Section 3 of Article 1 of the 1988 Resolution.
B. That the City now owns, operates and maintains a combined water system
and sewer system for the supply and distribution of water to the inhabitants and customers of the
City and for the collection, treatment and disposal of sewage in said City and owns a one-half
(1/2) undivided interest in a treatment and disposal system operat ed by the South Central
Regional Wastewater Treatment and Disposal Board (the “Combine d Public Utility”); and that
the City derives revenues from the operation of said Combined Public Utili ty.
C. That the revenues of the Combined Public Utility are not pled ged or
encumbered in any manner, except for the Outstanding Prior Bonds iss ued pursuant to the 1988
Resolution.
D. That the 1988 Resolution in Section 4.G of Article III of Part I pr ovides
for the issuance of pari passu additional bonds, under the terms, condit ions and limitations
provided therein.
E. That the City is authorized to issue the Bonds as pari passu addit ional
bonds within the terms, conditions and limitations provided in Section 4.G of Article III, Part I,
of the 1988 Resolution.
Res. No. R-38-11 7
F. That the proceeds derived from the sale of the Bonds, together with ot her
moneys provided by the City, shall be used to finance the 2006 Bond Retirement.
G. That the estimated Revenues to be derived in each year hereafter from the
operation of the Combined Public Utility will be sufficient at all times to pay all the costs of
operation and maintenance of the Combined Public Utility and th e principal of and interest on
the Prior Bonds and the Bonds authorized pursuant to the 1988 Resolution and t his Resolution,
as the same become due and payable, and all sinking fund, reserve , if any, and other payments
provided for in the 1988 Resolution and in this Resolution in accordance with the requirements
of the 1988 Resolution and this Resolution.
H. That the principal of and interest on the Bonds and all of the si nking fund
and other payments provided for in the 1988 Resolution and this Resolution will be paid f rom the
Net Revenues derived from the operation of the Combined Public Ut ility in the manner provided
therein and herein, on a parity with the Prior Bonds; and the ad va lorem taxing power of the City
will never be necessary or authorized to pay the principal of and interest on the Bonds to be
issued pursuant to this Resolution, or to make any of the sinking fund or other payments
provided for in the 1988 Resolution and this Resolution, and the Bonds issued purs uant to this
Resolution shall not constitute a lien upon the Combined Public Ut ility or upon any other
property whatsoever of or in the City but shall be payable s olely from the Net Revenues derived
from the operation of the Combined Public Utility in the manner provided herein.
I. That it is necessary and in the best economic interest of the City to
accomplish the 2006 Bond Retirement in order to reduce the debt se rvice currently being paid by
the City on the 2006 Bonds.
Res. No. R-38-11 8
J. That the City, having previously solicited bids for the sale of t he Bonds,
has determined that the best qualified bid for the Bonds was delivered by the B ank.
K. That the negotiated sale of the Bonds to the Bank is in the best i nterest of
the City to take advantage of historically low interest rates.
L. That the Agreement, in the form attached hereto as Exhibit A, is hereby
approved, with such omissions, insertions and variations as may be neces sary and desirable, as
evidenced by the City’s execution thereof and the Mayor (or in his absence, the Vice Mayor) and
City Clerk are hereby authorized to execute the same on behalf of the City.
M. That pursuant to the provisions of the 1988 Resolution and this
Resolution, the City may issue obligations in the future on pari ty with the Bonds and the Prior
Bonds secured by the Net Revenues.
SECTION 2: DEFINITIONS . That, in addition to terms defined elsewhere in this
Resolution, the following terms shall have the following meanings unless the context otherwise
clearly requires:
“Bond Counsel” shall mean Greenberg Traurig, P.A. or any other fir m of nationally
recognized bond counsel selected by the City and acceptable to the Bank.
“Business Day” shall mean any day other than a Saturday or Sunda y, or a day on which
the Bank is closed.
“Code” shall mean the Internal Revenue Code of 1986, as amended, the appli cable
Treasury Regulations promulgated thereunder and any administrative or judicial interpretations
of the same published in a form on which the City may rely as a matter of law.
“Determination of Taxability” shall mean the circumstance of interest paid or payable on
the Bonds becoming includable for federal income tax purposes i n the gross income of the
Res. No. R-38-11 9
Bondholder. A Determination of Taxability will be deemed to have o ccurred upon (i) the receipt
by the City or Bondholder of an original or a copy of an Internal Revenue Service Technical
Advice Memorandum or Statutory Notice of Deficiency which holds that any interest payable on
the Bonds is includable in the gross income of the Bondholder for feder al income tax purposes;
(ii) the issuance of any public or private ruling of the Inte rnal Revenue Service that any interest
payable on the Bonds is includable in the gross income of the Bondholder for federal income tax
purposes; or (iii) receipt by the City or Bondholder of an opini on of a Bond Counsel that any
interest on the Bonds has become includable in the gross income of the Bondholder for federal
income tax purposes. For all purposes of this definition, a Determ ination of Taxability will be
deemed to occur on the date as of which the interest on the Bonds is first deemed includable in
the gross income of the Bondholder for federal income tax purposes.
“Interest Rate” shall mean with respect to the Bonds, a fixed rate of interest on the Bonds
which shall be equal to 2.21% per annum. The Interest Rate shal l be calculated on the basis of a
360 day year of twelve thirty-day months. The Interest Rate is subject to a djustment, as provided
in Section 7 hereof.
“Maturity Date” shall mean, with respect to the unpaid princ ipal of and interest on the
Bonds, October 1, 2021.
“Owner,” “Bondholder” or “registered holder” or any similar term shall mean the Bank
or, subject to the provisions of Section 9 hereof, any successor reg istered holder of the Bonds;
provided no Bondholder may be the registered owner of less than $1,000,000 i n the aggregate
principal amount of the Bonds or all Bonds if less than $1,000,000 remains Outstanding.
Res. No. R-38-11 10
“Paying Agent” shall mean the City’s Finance Department o r, if the City Commission
shall so determine by subsequent proceeding, any bank or trust com pany and any successor bank
or trust company appointed by the City to act as Paying Agent hereunder.
“Payment Date” shall mean, with respect to interest on the Bon ds, each April 1 and
October 1, commencing April 1, 2012, and with respect to scheduled pr incipal on the Bonds, on
each October 1, commencing October 1, 2012 in the principal amounts s et forth in Section 6
hereof, and, prior to the Maturity Date, on any date the Outstanding principal of the Bonds is
optionally prepaid, provided that if such date is not a Business Day, the payment shall be made
on the next succeeding Business Day and interest shall continue to a ccrue until the payment is
received by the Owner.
“Registrar” shall mean the City’s Finance Department or, if the City Commission shall so
determine by subsequent proceeding, any bank or trust company a nd any successor bank or trust
company appointed by the City to act as Registrar hereunder.
“Resolution” shall mean this Resolution as the same may from tim e to time be amended
and supplemented in accordance with the terms hereof.
“Taxable Rate” shall mean the Interest Rate times 1.54.
Words importing singular number shall include the plural number and vi ce versa, as the
case may be, and words importing persons shall include firms and corporati ons.
SECTION 3: AUTHORIZATION OF BONDS . Subject and pursuant to the
provisions of this Resolution and the 1988 Resolution, obligations of the Ci ty of Delray Beach,
Florida, to be known as “Water and Sewer Revenue Refunding Bonds, Series 2011A” (h erein the
“Bonds”) are hereby authorized to be issued in the aggregate pri ncipal amount of Five Million
Res. No. R-38-11 11
Four Hundred Thirty Thousand Dollars ($5,430,000) for the purpose of financing the 2006 Bond
Retirement in the manner described herein.
SECTION 4: INCORPORATION BY REFERENCE . Unless otherwise provided
herein, all the terms and provisions of the 1988 Resolution shall, by thi s reference, be
incorporated herein as though fully set forth in this Resolution.
SECTION 5: 1988 RESOLUTION AND THIS RESOLUTION CONSTITUTES
CONTRACT . In consideration of the acceptance of the Bonds authorized to be i ssued
hereunder by those who shall hold the same from time to time, the 1988 Resolution and this
Resolution shall be deemed to be and shall constitute a contract be tween the City and such
Owners, including the Bank, and the covenants and agreements therein and herein set forth to be
performed by the City shall be for the equal benefit, protect ion and security of the Owners of any
and all of the Bonds, including the Bank, all of which shall be of equal rank and without
preference, priority, or distinction of any of the Bonds over any other thereof , except as expressly
provided therein and herein.
SECTION 6: DESCRIPTION OF BONDS . Notwithstanding the form of Bonds set
forth in the 1988 Resolution, the text of the Bonds shall be substant ially in the form attached
hereto as Exhibit B with such omissions, insertions and variations a s may be necessary and
desirable, as evidenced by the City’s execution thereof.
The Bonds (initially issued in one (1) typewritten certificate) shall be dated the date of
initial issuance. The Bonds shall be issued in registered form designating the Bank as the
registered owner. Unless the interest rate on the Bonds is adj usted in accordance with Section 7
hereof, the Bonds shall bear interest on the Outstanding principal a mount of the Bonds from time
to time at the Interest Rate and shall be payable on each P ayment Date, commencing April 1,
Res. No. R-38-11 12
2012. Unless the Bonds are redeemed, at the option of the City, in acc ordance with the terms of
this Resolution, the Outstanding principal of the Bonds shall be paya ble on each October 1 in the
years and amounts set forth below:
Date
Principal
Amount
2012 $ 500,000
2013 515,000
2014 525,000
2015 515,000
2016 530,000
2017 540,000
2018 555,000
2019 565,000
2020 585,000
2021* 600,000
Total $5,430,000
______________
* Final maturity
Principal and interest on the Bonds shall be payable by the Pay ing Agent to the Owner by
wire transfer in accordance with written instructions provided to the City by the Owner. The
Bonds shall be numbered in such manner as may be prescribed by the Regist rar.
SECTION 7: ADJUSTMENT TO INTEREST RATE . Upon a Determination of
Taxability the interest rate on the Bonds shall be converted t o the Taxable Rate. In addition, as
provided below, the Interest Rate on the Bonds will be adjusted if the Bonds are not a “qualified
tax-exempt obligation” within the meaning of Section 265(b)(3) of the Code on the date of
delivery of the Bonds, or if the Bonds at any time subsequent to deli very of the Bonds no longer
qualify as a “qualified tax-exempt obligation.”
The Interest Rate on the Bonds will be adjusted retroactively t o the date of delivery, or as
of such subsequent date, as the case may be, so that the adjuste d Interest Rate on the Bonds is
equal to the equivalent yield to the Bank had the Bonds remained a “quali fied tax-exempt
Res. No. R-38-11 13
obligation” within the meaning of Section 265(b)(3) of the Code. The Bank shall determine such
rate adjustment and communicate the same in writing to the Cit y together with supporting
documentation which shall become the new Interest Rate absent manifest err or.
Any amount due on the Bonds not paid when due shall bear interest at a default r ate equal
to the Interest Rate on the Bonds plus 2% per annum from and afte r ten (10) days after the due
date.
SECTION 8: EXECUTION OF THE BONDS . The Bonds shall be executed in the
name of the City by the signature of the Mayor or Vice Mayor of the City and its official seal
shall be affixed thereto or imprinted or reproduced thereon and att ested by the City Clerk. The
signatures of the Mayor or Vice Mayor of the City and City C lerk on the Bonds may be manual
or facsimile signatures. In case any one or more of the offic ers who shall have signed or sealed
the Bonds shall cease to be such officer of the City before the Bonds so signed and sealed shall
have been actually sold and delivered, such Bonds may nevertheless b e sold and delivered as
herein provided and may be issued as if the person who signed or seal ed such Bonds had not
ceased to hold such office. The Bonds may be signed and sealed on be half of the City by such
person who at the actual time of the execution of the Bonds shall hold the proper office, although
at the date the Bonds shall be actually delivered such person may not have held such office or
may not have been so authorized.
The Bonds shall bear thereon a certificate of authentication, in the form set forth on
Exhibit B attached hereto, executed manually by the Registrar (when the City’s Finance
Department shall act as Registrar, the certificate of aut hentication shall be manually executed by
the City’s Finance Director). Only the Bonds as shall bear t hereon such certificate of
authentication shall be entitled to any right or benefit under this Resolution and no Bonds shall
Res. No. R-38-11 14
be valid or obligatory for any purpose until such certificate of authentication shall have been
duly executed by the Registrar. The certificate of authenticat ion of the Registrar upon the Bonds
executed on behalf of the City shall be conclusive evidence that t he Bonds so authenticated have
been duly authenticated and delivered under this Resolution and that t he Owner thereof is
entitled to the benefits of this Resolution and the 1988 Resolution.
SECTION 9: NEGOTIABILITY, REGISTRATION AND CANCELLATION .
The Registrar shall keep books for the registration of the Bonds a nd for the registration of
transfers of the Bonds. The Bonds shall be transferable at th e option of the registered Owner
thereof to an institutional holder, but subject to the prior written approval of the City’s Director
of Finance (which shall not be unreasonably withheld if the intended tr ansferee provides a
suitability letter addressed to the City as to the sophisti cation of the investor) unless such
institutional holder is a bank or trust company, or unless such instit utional holder, which is not a
bank or trust company, certifies in writing to the City prior to the transfer that it is an accredited
investor within the meaning of Rule 501 of the Securities Act of 1933, a s amended and
supplemented, in which case such approval shall not be required, and upo n surrender thereof at
the office of the Registrar (the designated corporate trust office of the Registrar if the City’s
Finance Department is not the Registrar) with a written ins trument of transfer satisfactory to the
Registrar duly executed by the registered Owner or his duly authorized attorney. Upon the
transfer of such Bond, the City shall issue in the name of the transferee a ne w Bond.
The City, the Paying Agent and the Registrar shall deem and tr eat the person in whose
name the Bonds shall be registered upon the books kept by the Re gistrar as the absolute Owner
of such Bonds, whether such Bonds shall be overdue or not, for the purpose of receiving
payment of, or on account of, the principal of and interest on s uch Bonds as the same become
Res. No. R-38-11 15
due and for all other purposes. All such payments so made to any such Owner or upon his/her
order shall be valid and effectual to satisfy and discharge the l iability upon such Bonds to the
extent of the sum or sums so paid, and neither the City, the Payi ng Agent nor the Registrar shall
be affected by any notice to the contrary.
In all cases in which the privilege of transferring the Bonds is e xercised, the City shall
execute and the Registrar shall authenticate and deliver the Bonds in accordance with the
provisions of this Resolution. The Bonds surrendered in any such transf ers shall forthwith be
delivered to the Registrar and canceled by the Registrar in t he manner provided in this Section.
The City or the Registrar (if not the City’s Finance Depa rtment) may require the payment of a
sum sufficient to pay any tax, fee or other governmental charg es required to be paid with respect
to such transfer.
The Bonds paid or redeemed, in whole before maturity, shall be delivered to the Registrar
within a reasonable period of time after the payment or redemp tion is made, and such Bonds
shall thereupon be canceled upon written acknowledgement from the Ow ner that the Bonds have
been paid in whole. The Bonds so canceled may at any time be de stroyed by the Registrar, who
shall execute a certificate of destruction in duplicate by the signature of one of its authorized
officers describing the Bonds, and one executed certificate shal l be filed with the City and the
other executed certificate shall be retained by the Regist rar (if not the City’s Finance
Department).
SECTION 10: MUTILATED, DESTROYED, STOLEN OR LOST BONDS . In
case any Bond shall become mutilated, destroyed, stolen or lost, the City shall execute and the
Registrar shall authenticate and deliver a new Bond of like date, m aturity and denomination as
the Bond so mutilated, destroyed, stolen or lost; provided that, in the c ase of any mutilated Bond,
Res. No. R-38-11 16
such mutilated Bond shall first be surrendered to the City and, in the case of any lost, stolen or
destroyed Bond, there shall first be furnished to the City and the R egistrar (if not the City’s
Finance Department) evidence of such loss, theft, or destruction sa tisfactory to the City and the
Registrar, together with indemnity satisfactory to them. In t he event the Bonds shall be about to
mature or have matured, instead of issuing a duplicate Bond, the Cit y may pay the same without
surrender thereof. The City and the Registrar (if not the Cit y’s Finance Department) may charge
the Owner of such Bond their reasonable fees and expenses in connec tion with this transaction.
Any Bonds surrendered for replacement shall be canceled in the sa me manner as provided in
Section 9 hereof.
Any such duplicate Bond issued pursuant to this Section shall const itute additional
contractual obligations on the part of the City, whether or not the lost, stolen or destroyed Bond
be at any time found by anyone, and such duplicate Bonds shall b e entitled to equal
proportionate benefits and rights as to lien on the source and sec urity for payment from Net
Revenues with the Bonds issued hereunder.
SECTION 11: CONDITIONS FOR ISSUANCE OF THE BONDS. Prior to the
issuance of the Bonds, the City shall comply with the following conditions:
(a) Deliver to the Bank, as the registered owner of the 2006 Bonds, written
instructions to immediately apply all proceeds of the Bonds, togethe r with a contribution made
by City in the amount of $559,578.62, to the full retirement of the 2006 Bonds.
(b) Deliver to the Bank a fully executed arbitrage tax certificate; and
(c) Deliver to the Bank a copy of a completed and executed Form 8038-G to
be filed by the City with the Internal Revenue Service; and
Res. No. R-38-11 17
(d) Deliver to the Bank an opinion of Bond Counsel, satisfactory to the Bank,
regarding the due authorization, execution, delivery, validity and enforc eability of the Bonds and
the due adoption of this Resolution (enforceability of such instrument may be subject to standard
bankruptcy exceptions and the like) and the exclusion of interest on the Bonds from gross
income for federal income tax purposes, that the Bonds are not spe cified “private activity bonds”
within the meaning of Section 57(a)(5) of the Code and, therefore, the i nterest on the Bonds will
not be treated as a preference item for purposes of computing the alternative minimum tax
imposed by Section 55 of the Code (however, a portion of the interest on the Bonds owned by
corporations may be subject to the federal alternative minim um tax which is based in part on
adjusted current earnings). Such opinion shall also state that Bonds constitute “qualified tax-
exempt obligations” within the meaning of Section 265(b)(3)(B) of the Code; a nd
(d) Deliver to the Bank an opinion of the City Attorney, satisfact ory to the Bank,
regarding the due authorization, execution, delivery, validity and enforc eability of the Bonds, the
Agreement and the due adoption of this Resolution and the 1988 Resolution (e nforceability may
be subject to standard bankruptcy exceptions and the like); and
(e) Deliver to the Bank one or more certificates of the City in form satisfactory to the
Bank certifying, among other things, that the City is in complia nce with the term of the 1988
Resolution.
SECTION 12: COVENANTS OF THE CITY . The City hereby covenants to
comply with the terms and provisions of Part I, Section 4.G of Arti cle III, of the 1988
Resolution, as certified by the City in writing and delivered to the Bank prior to the issuance of
the Bonds. In addition, the City reaffirms and acknowledges that all of the covenants set forth in
the 1988 Resolution applicable thereto, apply to the Bonds authorized to be issued pursuant to
Res. No. R-38-11 18
this Resolution, except those relating to a debt service reser ve account, Bond Insurance and any
Reserve Account Credit Facility Substitute. Specifically, the Bonds are not secured by a Debt
Service Reserve Account and are not credit enhanced with any Credit Facili ty.
The Combined Public Utility Revenue Fund, the Water and Sewer S inking Fund, the
Water and Sewer System Renewal, Replacement and Improvement F und and the Pledged Impact
Charge Fund, all created and established under the 1988 Resolution, and the separate accounts
therein shall be continued and maintained as provided in the 1988 Resolution as long as any of
the Bonds, issued pursuant to the terms and provisions of the 1988 Resolution and this
Resolution are Outstanding; and the payments required to be made from the Revenue Fund into
the Interest Account, Principal Account, and Bond Redemption Account, shal l be adjusted so as
to provide the amounts necessary to pay the principal of and intere st on the Bonds issued
pursuant to this Resolution, in the amounts, at the times and in the m anner provided in the 1988
Resolution and this Resolution.
The City will continue to pay into the Water and Sewer System Renewal, Replacement
and Improvement Fund and Pledged Impact Charge Fund, if applicable, f rom the Revenue Fund
as long as any of the Bonds issued pursuant to the terms and provis ions of this Resolution and
the 1988 Resolution, or interest thereon, are Outstanding and unpaid, the amounts required to be
deposited therein pursuant to, and in the manner provided in the 1988 Resolution and the moneys
in the Pledge Impact Charge Fund, if any, and the Water and Sewer System Renewal,
Replacement and Improvement Fund shall be used only for the purposes pr ovided for in the 1988
Resolution for such funds.
The City covenants to provide to the Bank its Comprehensive Annual Financ ial Report
within 210 days after the end of the City’s prior Fiscal Year, i f available; such report covering
Res. No. R-38-11 19
such prior Fiscal Year. If not available by such date, the City cove nants to provide such report to
the Bank as soon as it is available.
SECTION 13: APPLICATION OF BOND PROCEEDS . All moneys received by
the City from the sale of the Bonds originally authorized and issue d pursuant to the 1988
Resolution and this Resolution, shall be applied by the City to immediate ly retire the 2006 Bonds
in the manner described in Section 11(a) hereof.
SECTION 14: REDEMPTION PROVISIONS . The Bonds are subject to optional
redemption in whole, but not in part, on any Payment Date at a rede mption price equal to 101%
of the principal amount of Bonds to be optionally redeemed plus ac crued interest to the
applicable redemption date.
Such optional redemption shall be accomplished by paying to the registered holder all of
the Outstanding principal amount of the Bonds, together with the unpa id interest accrued on the
amount of principal so prepaid to the date of such redemption. Such prepayment shall be made
on such Payment Date and in the principal amount equal to the Outstandi ng principal amount of
the Bonds, upon written notice delivered to the registered owner not le ss than five (5) Business
Days prior thereto. Notice having been given as aforesaid, the Outstanding principal amount of
the Bonds, together with accrued interest thereon, shall become due and payable on the
prepayment date stated in such notice; upon presentation and surrende r of the Bonds to the office
of the Paying Agent (the designated corporate trust office, if the Paying Agent is not the City’s
Finance Department). If, on the optional redemption date, funds for the payment of the
Outstanding principal amount of the Bonds, together with unpaid interes t accrued thereon, shall
not have been provided to the Paying Agent, as above provided, the pri ncipal amount of the
Res. No. R-38-11 20
Bonds shall continue to be Outstanding and to bear interest until pay ment thereof at the Interest
Rate.
SECTION 15: FURTHER AUTHORIZATIONS; RATIFICATION OF PRIOR
ACTS . That the Mayor, the Vice Mayor, the City Manager, the Financ e Director, the Treasurer,
the City Clerk, the City Attorney and any other authorized offici al of the City, be and each of
them is hereby authorized and directed to execute and deliver any and all documents and
instruments, and to do and cause to be done any and all acts and things ne cessary or proper for
carrying out the transactions contemplated by this Resolution. Al l actions heretofore taken and
documents prepared or executed by or on behalf of the City by a ny of its authorized officers, in
connection with the transactions contemplated hereby, are hereby ratified, confirmed, approved
and adopted.
SECTION 16: SEVERABILITY OF INVALID PROVISIONS . If any one or more
of the covenants, agreements or provisions of this Resolution should be hel d contrary to any
express provision of law or contrary to the policy of express l aw, though not expressly
prohibited, or against public policy, or shall for any reason wha tsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separa te from the
remaining covenants, agreements or provisions, and shall in no way affe ct the validity of any of
the other provisions of this Resolution or of the Bonds.
SECTION 17: REPEALER . That all resolutions or proceedings, or parts thereof, in
conflict with the provisions of this Resolution are to the extent of such conflict here by repealed.
SECTION 18: EFFECTIVE DATE . That this Resolution shall take effect
immediately upon its passage.
Res. No. R-38-11 21
PASSED AND ADOPTED in regular session on this the 20 th day of September, 2011.
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
Attest:
Date of Adoption: September 20, 2011
City Clerk
The foregoing Resolution is hereby
approved by me as to form, language and
execution this 20 th day of September, 2011.
By:
City Attorney
Res. No. R-38-11 A-1
EXHIBIT A
BOND PURCHASE AGREEMENT
THIS BOND PURCHASE AGREEMENT (the “Agreement”) dated September 29,
2011, by and between Branch Banking and Trust Company, a banking corpora tion organized
under the laws of the State of North Carolina (herein the “Bank”) and the City of Delray Beach,
Florida, a municipal corporation of the State of Florida (together w ith its successors and assigns,
the “City”).
W I T N E S S E T H :
WHEREAS , pursuant to the Act, as such term is defined in Resolution No. 36-88, as
amended and supplemented by Resolution No. 39-88, as further supplemente d (collectively, the
“1988 Resolution”), adopted by the City Commission of the City (the “Commission”) on June
28, 1988 and July 12, 1988, respectively, and pursuant to Resolution No. R-38-11, adopte d by
the Commission on September 20, 2011 (herein, the “2011 Resolution” and together with the
1988 Resolution, the “Resolutions”) the City authorized the issuance of not to exceed $5,430,000
in aggregate principal amount of City of Delray Beach, Florida Water and Sewer Revenue
Refunding Bonds, Series 2011A (the “Bonds”); and
WHEREAS , any capitalized term used in this Agreement and not otherwise defined shall
have the meaning ascribed to such term in the Resolutions; and
WHEREAS , the Bank has reviewed the Resolutions and hereby finds the terms
acceptable; and
WHEREAS , on this date, the City has, pursuant to provisions of the Act, the R esolutions
and this Agreement, agreed to issue and sell to the Bank and the Bank has, pursuant to the terms
of this Agreement and the terms and provisions of the 2011 Resolution, agre ed to purchase, all
but not less than all, of the Bonds; and
WHEREAS , the City and the Bank have heretofore negotiated the terms of t he Bonds
and the 2011 Resolution and by execution of this Agreement each will have confirmed that such
are acceptable.
NOW THEREFORE , the City and the Bank hereby agree as follows:
1. Purchase and Sale . Upon the terms and conditions set forth herein and in the
Bonds and the Resolutions and upon the representations and warranties of the City set forth in
the Resolutions, the arbitrage tax certificate and other closi ng certificates, the City agrees to sell
on this date the Bonds on a negotiated basis to the Bank and the Bank ag rees on this date to
purchase, with immediately available funds, all but not less tha n all, of the Bonds. The purchase
price for the Bonds shall be $5,430,000, which purchase price is equal to t he principal amount of
the Bonds. Since the dated date of the Bonds is the date hereof, the re will be no accrued interest
as part of the purchase price.
Res. No. R-38-11 A-2
2. Private Placement Negotiated Sale . The Bank hereby acknowledges that the
purchase of the Bonds from the City was on a negotiated private placement basis and that there
has been no offering document prepared by the City in connection with such sale.
3. Conditions for Purchase . The Bank’s agreement to purchase the Bonds on this
date is subject to the satisfaction of the conditions set forth in Section 11 of the 2011 Resolution.
The Bank’s purchase of the Bonds will constitute full evidence that such conditions have been
satisfied or waived.
4. Section 218.385 Florida Statutes . On or before the purchase of the Bonds, the
Bank has provided the City with the disclosure and truth-in-bonding state ments required by and
in accordance with, Section 218.385, Florida Statutes, as amended and sup plemented. The
above-referenced statements are attached to this Agreement as Schedul e A.
5. Expenses . As between the City and the Bank, the Bank shall not be liable for any
expenses incurred by the City in connection with the issuance of th e Bonds. The Bank
represents to the City that it has not employed or used the se rvices of any attorney or other
professional in connection with the Bank’s negotiations with the City a nd its purchase of the
Bonds other than Edwards Cohen, which fee shall not be paid by the C ity from its own funds but
shall be paid by the Bank from its own funds.
6. Effectiveness . This Agreement shall become effective upon the execution by the
appropriate officials of the City and the Bank.
7. Headings . The headings set forth in this Agreement are inserted for conv enience
only and shall not be deemed to be a part hereof.
8. Amendment . No modification, alteration or amendment to this Agreement shall
be binding upon any party until such modification, alternation or ame ndment is reduced to
writing and executed by all parties hereto.
9. Governing Law . The laws of the State of Florida shall govern this Agreement.
10. Counterparts . This Agreement may be signed in any number of counterparts with
the same effect as if the signatures thereto and hereto were signatorie s upon the same instrument.
[Space Left Blank Intentionally]
Res. No. R-38-11 A-3
IN WITNESS WHEREOF , the City and the Bank has caused this Agreement to be
executed by its respective duly authorized officers all as of the date he reof.
BRANCH BANKING AND TRUST
COMPANY
By:
Title:
Date: September 29, 2011
CITY OF DELRAY BEACH, FLORIDA
By:
Title:
(SEAL) Date: September 29, 2011
Res. No. R-38-11 Schedule A
Schedule A
September 29, 2011
City Commission
City of Delray Beach, Florida
Delray Beach, Florida 33444
Re: $5,430,000
City of Delray Beach, Florida
Water and Sewer Revenue Refunding Bonds
Series 2011A
To The Honorable Mayor and Commissioners:
This letter shall serve as the disclosure statements and truth -in-bonding statement
pursuant to Section 218.385, Florida Statutes, in connection with the award of the
above-referenced bonds (the “2011A Bonds”) to Branch Banking and Trust C ompany (the
“Purchaser”). We represent to you as follows:
1. No management fee will be charged by the Purchaser.
2. The Underwriting spread which the Purchaser expects to realize will b e -0-.
3. No fee, bonus or other compensation will be paid by the Purchase r in connection
with the issue of the 2011A Bonds to any person not regularly employ ed or retained by the
Purchaser other than its counsel, Edwards Cohen.
4. The City of Delray Beach, Florida (the “City”), is proposing to issue $5,430,000
of debt or obligation for the purposes of re-financing certain a dditions, extensions and
improvements to the City’s combined public utility systems b y refunding a portion of the City’s
Outstanding Water and Sewer Revenue Bonds, Series 2006 (the “City’s 2006 Bonds”). This
debt or obligation is expected to be repaid over a period of ap proximately 120 months. At an
interest rate of 2.21%, the total interest paid over the life of t he debt or obligation could be as
much as approximately $679,689.18.
The source of repayment or security for this debt or obligati on is the Net Revenues (as
defined in the resolution authorizing the issuance of the debt or obli gation). Authorizing this
debt or obligation will not result in any decrease in the am ount of Net Revenues available to
finance or refinance any capital projects relating to said combi ned public utility systems since the
proceeds will be used to retire the City’s 2006 Bonds at a lower net interest rate in calendar years
2012 through October 1, 2021.
Very truly yours,
BRANCH BANKING AND TRUST COMPANY
By:
Name:
Title:
Res. No. R-38-11 B-1
EXHIBIT B
FORM OF BOND
No. R-1 $5,430,000
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF DELRAY BEACH, FLORIDA
WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2011A
Interest Rate Maturity Date Dated Date
2.21%, subject to adjustment
as described herein
October 1, 2021 September 29, 2011
REGISTERED OWNER:---BRANCH BANKING AND TRUST COMPANY-----------------
PRINCIPAL AMOUNT:----FIVE MILLION FOUR HUNDRED THIRTY TH OUSAND
DOLLARS ($5,430,000.00)-----
KNOW ALL MEN BY THESE PRESENTS , that the City of Delray Beach (the
“City”) in Palm Beach County, Florida, for value received, hereby promises to pay from Net
Revenues (as such term is defined in the herein defined 1988 Resolut ion), to the Registered
Owner specified above or registered assigns on the Maturity Date specified above or earlier upon
mandatory or optional prepayment as provided below, upon presentati on and surrender hereof to
the City’s Finance Department or (if so determined by the Cit y) the designated trust office of the
bank or trust company appointed by the City to act as paying a gent (said City’s Finance
Department or such bank or trust company and any bank or trust company becoming successor
paying agent being herein called the “Paying Agent”), the Princ ipal Amount Outstanding from
time to time and not previously prepaid with interest thereon at the stated interest rate calculated
on the basis of a 360-day year of 12 thirty-day months, on each Payment Date in the manner
specified in the within described Bond Resolution. The stated inter est rate on this Bond may be
adjusted as provided herein and in the Bond Resolution (as herein defined). The principal
amount and accrued interest hereon is payable in any coin or currenc y of the United States of
America, which, on the date of payment thereof, shall be legal t ender for the payment of public
and private debts.
This Bond is authorized to be issued in a principal amount of $5,430,000 under the
authority of and in full compliance with the Constitution and statute s of the State of Florida,
including, particularly, Chapter 166, Florida Statutes, as amended a nd supplemented, the Charter
of the City of Delray Beach, Florida, as amended and supplemente d, and other applicable
provisions of law (the “Act”), and Resolution No. 36-88 duly adopted by th e City on June 28,
1988, as amended, supplemented and restated by Resolution No. 39-88 duly adopte d by the City
on July 12, 1988, as supplemented to date (the “1988 Resolution”) and Resolution No. R-38-11,
duly adopted by the City on September 20, 2011 (the “2011 Resolution” and toge ther with the
1988 Resolution, the “Bond Resolution”), as such resolutions may be further a mended and
supplemented from time to time, and is subject to all terms a nd conditions of said resolutions.
Res. No. R-38-11 B-2
Any term used in this Bond and not otherwise defined, shall have the m eaning ascribed to such
term in the Bond Resolution.
It is hereby certified and recited that all acts, conditi ons and things required to exist, to
happen, and to be performed, precedent to and in connection with the issuance of this Bond exist,
have happened and have been performed in regular and due form and time as required by the
Laws and Constitution of the State of Florida and the Charter of t he City applicable thereto, and
that the issuance of this Bond, is in full compliance with all c onstitutional or statutory limitations
or provisions.
This Bond shall not be valid or become obligatory for any purpos e or be entitled to any
security or benefit under the Bond Resolution until the certificate of authentication hereon shall
have been signed by an authorized officer of the Registrar.
This Bond shall bear interest at the Interest Rate, as such r ate may be adjusted in
accordance with the terms of the 2011 Resolution.
Interest on this Bond shall be payable on April 1, 2012, and each Oct ober 1 and April 1
thereafter and principal on this Bond, unless prepaid, shall be pay able on each October 1 in the
amounts set forth below; provided that if such date is not a Busines s Day, the payment shall be
made on the next succeeding Business Day (each a “Payment Date ”) and interest shall continue
to accrue until the payment is received by the Owner. The pri ncipal of and interest on the Bonds
shall be secured solely by the Net Revenues.
Date
Principal
Amount
2012 $ 500,000
2013 515,000
2014 525,000
2015 515,000
2016 530,000
2017 540,000
2018 555,000
2019 565,000
2020 585,000
2021* 600,000
Total $5,430,000
______________
* Final maturity
The City may prepay this Bond in whole, but not in part, on any Payment Date, upon
payment of the Outstanding principal amount of this Bond, together wi th a prepayment premium
of 1% of the Outstanding principal amount of this Bond prepaid, to t he registered holder of this
Bond, together with the unpaid interest accrued to the date of such p repayment. Such
prepayment shall be made on such date and in an amount equal to the Out standing principal
amount of this Bond upon a written notice delivered to the registere d owner not less than five (5)
Business Days prior thereto. Notice having been given as afore said, the Outstanding principal
Res. No. R-38-11 B-3
amount of this Bond, together with accrued interest thereon, shall b ecome due and payable on
the prepayment date stated in such notice, upon presentation of this Bond at the office of the
Paying Agent (the designated corporate trust office, if the P aying Agent is not the City’s Finance
Department). If, on the prepayment date, funds for the payme nt of the Outstanding principal
amount of this Bond to be prepaid, together with the prepayment pr emium and unpaid interest
accrued thereon, shall not have been provided to the Paying Agent, as above provided, the
principal amount of this Bond shall continue to be Outstanding and to bea r interest until payment
thereof at the Interest Rate.
This Bond shall not be and shall not constitute an indebtedness of the Ci ty within the
meaning of any constitutional, statutory, charter or other limita tions of indebtedness but shall be
secured solely by the Net Revenues. No Holder of this Bond shall e ver have the right to compel
the exercise of ad valorem taxing power of the City, or taxat ion in any form of any real property
therein to pay this Bond or the interest thereon.
The applicable terms and provisions of the Bond Resolution are incorporated in t his Bond
as though such terms and provisions have been set out in full herein.
IN WITNESS WHEREOF, the City of Delray Beach, Florida, has c aused this Bond to be
signed by its Mayor, either manually or with his facsimile si gnature, and the seal of the City
Commission of the City of Delray Beach, Florida, to be affixed he reto or imprinted or
reproduced hereon, and attested by the Clerk of the City, either manually or with her facsimile
signature, and this Bond to be dated the Dated Date set forth above.
(SEAL) CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
Mayor
By:
Clerk of the City of Delray Beach, Florida
Res. No. R-38-11 B-4
FORM OF CERTIFICATE OF AUTHENTICATION
Date of Authentication: September 29, 2011
This Bond is the Bond delivered pursuant to the within mentioned Bond Resolution.
CITY OF DELRAY BEACH
Finance Department, as Registrar
By:
Authorized Officer
Res. No. R-38-11 B-5
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto
(please print or typewrite name, address and tax identification number of a ssignee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and ap points
, Attorney to transfer the within Bond on the books kept for registrat ion thereof, with full
power of substitution in the premises.
Dated:
Signature Guaranteed: In the presence of:
NOTICE: The signature to this assignment must
correspond with the name as written upon the face
of the within Bond in every particular, without
alteration or enlargement, or any change whatever .
WPB 382634049v9/9-14-11/016787.012200
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Linda R. Karch, Director of Parks and Recreati on
THROUGH:David T. Harden, City Manager
DATE:September 14, 2011
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
PARKS AND RECREATION FEE CHANGES
ITEM BEFORE COMMISSION
Request Commission approval of Parks and Recreation proposed fee changes for FY 11/12 as presented
at the September 13, 2011 Workshop.
BACKGROUND
Attached for City Commission review are the revised Parks and Recreation fee changes for FY 11/12
discussed at the September 13, 2011 Workshop. If t he recommended fees are approved by the City
Commission, the possible additional General Fund re venue is $20,775.
Recommeded fee changes include:
Programs - Staff recommends various changes to include incre asing the non-resident fee for many
programs. Some of the programs and activities that will be affected are: Senior Bridge Dues, Youth
Basketball, Tennis Camp, Rocks Football, Senior Gam es, etc (Note - the Rocks Football early
registration fee for residents is reduced by $5 to create the $10 resident/non-resident fee difference).
The increased fees result in a non-resident fee that is $10 higher than the resident f ee for most
programs. Some programs with higher fees have grea ter than a $10 difference between resident and
non-resident fees.
SW 5th Avenue Plaza: No fee recommended. Will revisit this fee for FY 12/13.
Charter Boats: Recommended increase from $250/occurence to $300/occurrence which will require
an Ordinance.
Participant Fees: A change is proposed to the fee presented at the workshop which was: Recreational
Leagues $10 non-resident; Travel/Competitive Leagues $20 non-resident; Adult Sports Participation
$20 non-resident. The new recommended fee is a fl at non-resident fee of $10.00 each for Sports
Provider Participants with no additional fee for re sidents of Delray Beach, as was discussed at the Wo rk
Session.
RECOMMENDATION
Staff recommends Commission approval of the propose d Parks and Recreation Fee Changes for FY
11/12.
City of Delray Beach
DEPARTMENT:Parks &Recreation
DEPARTMENT:Parks &Recreation
Fee CategoryFee Sub
Fee CategoryFee Sub
Fee CategoryFee Sub
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:September 13, 2011
SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
HOUSING REHABILITATION GRANT/CONTRACT AWARD
ITEM BEFORE COMMISSION
Approval is requested for one (1) Housing Rehabilit ation contract to be awarded to the lowest
responsive bidder in the amount of $33,628.10. Fund ing for the project is through a CDBG Housing
Rehabilitation grant.
BACKGROUND
Approval is requested for one (1) Housing Rehabilit ation contract to be awarded to the lowest
responsive bidder for the following project:
2561 Bessie Street, Built Solid Construction, LLC./$32,340.00 =Total Rehab cost: $33,628.10
Grant awards are based on the actual cost of the re habilitation, as determined by the low responsive
bidder(s), plus a 5% contingency. Total rehab cost also includes lead inspection, lead abatement, lead
clearance, termite inspection, termite treatment an d recording fees, where applicable. Additional cost
may be incurred for lead clearance test(s). The con tingency may be used for change orders and all
unused funds will remain with the CDBG Housing Reha bilitation program. Inspection of work is done
by the Department of Community Improvement’s Building Inspection and Neighborhood Services
Divisions. Contracts are executed between the build ing contractor and the property owner. The City
remains the agent and this office monitors all work performed by the contractor, ensuring compliance
according to specifications and program guidelines. Pay request forms require both contractor and
homeowner signatures. Grant recipients have met all eligibility requirements as specified in the
approved Policies and Procedures. The rehabilitatio n activities will bring the homes to minimum code
requirements by repairing the roof, electric and pl umbing systems and correcting other incipient code
violations. Detailed work write-ups and individual case files are available for rev iew in the
Neighborhood Services Division office.
The Neighborhood Services Division is responsible f or ensuring that the housing rehabilitation contrac ts
are awarded to the lowest responsive bidder, as a r esult of a formal bid process. Therefore, an in-house
policy was created to limit awards to the lowest re sponsive bidder, as it relates to the Division’s
professional in-house estimate. This serves to disqualify unreasona bly low bids and therefore, protect
against the resulting change order requests.
FUNDING SOURCE
Community Development Block Grant 118-1963-554-49.1 9
RECOMMENDATION
Staff recommends awarding one (1) Housing Rehabilit ation contract to the lowest responsive bidder in
the amount of $33,628.10.
BID/QUOTE #: BID # 17-2011NS
APPLICANT:
PROJECT ADDRESS:
DATE OF BID LETTERS: August 9, 2011
DATE OF BID OPENING: September 6, 2011
GENERAL CONTRACTORS BID AMOUNT BID BOND
Abisset Corporation -$
All Phase Roofing 34,980.00 $ Yes
All-Site Construction, Inc.-$
ARZ Builders, Inc.-$
Benchmark Custom Building of Palm Beach -$
Built Solid Construction, LLC 30,800.00 $ Yes
Citywide Construction Services, Inc.-$
CJ Contracting, LLC 32,520.00 $ Yes
Cordoba Construction Co. 31,210.00 $ Yes
Jemstone Construction Group, Inc.-$
JIJ Construction Corp.-$
KM Construction Inc.-$
MacDonald Construction Company of Palm Beach 31,945.00 $ No
Ray Graeve & Sons Construction, Inc.35,895.00 $ Yes
South Florida Construction Services, Inc.35,655.00 $ Yes
Sunband Builders Construction Inc.36,845.00 $ Yes
In-House Estimate:34,294.60 $
RECOMMENDED CONTRACTOR: Built Solid Construction, LLC
BID/CONTRACT AMOUNT :30,800.00 $
5% Contingency 1,540.00 $
32,340.00 $
Lead Inspection N/A
Lead Clearance N/A
Termite Inspection N/A
Termite Treatment 1,269.00
Recording Fees 19.10
GRANT CONTRACT AMOUNT 33,628.10
FUNDING SOURCE:Community Development Block Grant (CDBG)
Account #
COMMENTS:Recommend awarding to the lowest responsive bidder
CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION
HOUSING REHABILITATION PROGRAM
BID INFORMATION SHEET
Hazeltine McFarlane
2561 Bessie Street
118-1963-554-49.19
BID /QUOTE NUMBER:17-2011NS
OWNER:
ADDRESS: 2561 Bessie Street
BID ADVERTISEMENT DATE:August 9, 2011
BID OPENING DATE:September 6, 2011
Hazeltine McFarlane
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1 Garage Door 1,100.00 $ 1,260.00 $ 1,175.00 $ 1,800.00 $ 1,200.00 $ 1,600.00 $ 875.00 $ 1,150.00 $ 1,900.00 $
2 hurricane Shutters 2,744.00 $ 2,730.00 $ 2,100.00 $ 3,900.00 $ 3,100.00 $ 2,600.00 $ 3,925.00 $ 2,580.00 $ 1,300.00 $
3 Install Exterior Door 1,450.00 $ 1,190.00 $ 1,375.00 $ 1,200.00 $ 1,200.00 $ 1,400.00 $ 1,075.00 $ 1,320.00 $ 1,200.00 $
4 Install impact Window 3,600.00 $ 7,200.00 $ 4,500.00 $ 4,000.00 $ 3,300.00 $ 4,425.00 $ 7,200.00 $ 6,760.00 $ 8,700.00 $
5 Paint House Complete 3,364.00 $ 2,370.00 $ 2,600.00 $ 3,200.00 $ 2,700.00 $ 3,000.00 $ 2,850.00 $ 3,360.00 $ 3,200.00 $
6 Repair Patio Door 975.00 $ 390.00 $ 600.00 $ 400.00 $ 300.00 $ 850.00 $ 375.00 $ 720.00 $ 350.00 $
7 Replace Wood Siding 615.60 $ 780.00 $ 2,100.00 $ 1,200.00 $ 900.00 $ 2,200.00 $ 1,475.00 $ 940.00 $ 1,900.00 $
8 Install Bi-Fold Doors 700.00 $ 590.00 $ 625.00 $ 360.00 $ 800.00 $ 800.00 $ 750.00 $ 690.00 $ 1,800.00 $
9 install Cabinets and Counter Top 7,800.00 $ 6,625.00 $ 3,900.00 $ 5,000.00 $ 6,200.00 $ 4,750.00 $ 5,800.00 $ 6,700.00 $ 5,700.00 $
10 Install Carpet 1,032.00 $ 1,665.00 $ 1,900.00 $ 1,200.00 $ 1,200.00 $ 1,500.00 $ 1,350.00 $ 1,780.00 $ 1,600.00 $
11 Install Interior Door 210.00 $ 155.00 $ 325.00 $ 90.00 $ 200.00 $ 250.00 $ 175.00 $ 295.00 $ 390.00 $
12 Install Wood Railing 377.00 $ 455.00 $ 375.00 $ 400.00 $ 400.00 $ 750.00 $ 625.00 $ 210.00 $ 175.00 $
13 Paint Room Components 425.00 $ 200.00 $ 495.00 $ 500.00 $ 500.00 $ 500.00 $ 325.00 $ 330.00 $ 450.00 $
14 Repair Drywall 986.00 $ 300.00 $ 575.00 $ 500.00 $ 800.00 $ 450.00 $ 325.00 $ 450.00 $ 650.00 $
15 Install Kitchen Sink 325.00 $ 595.00 $ 375.00 $ 280.00 $ 450.00 $ 375.00 $ 375.00 $ 360.00 $ 450.00 $
16 Install Vanity w/ Sink 975.00 $ 995.00 $ 495.00 $ 750.00 $ 600.00 $ 550.00 $ 550.00 $ 830.00 $ 450.00 $
17 Install Water Heater 725.00 $ 600.00 $ 695.00 $ 750.00 $ 750.00 $ 750.00 $ 675.00 $ 520.00 $ 750.00 $
18 Repair Toilet 170.00 $ 600.00 $ 435.00 $ 220.00 $ 280.00 $ 200.00 $ 250.00 $ 450.00 $ 40.00 $
19 Replace Shower 2,300.00 $ 2,000.00 $ 1,900.00 $ 2,100.00 $ 2,100.00 $ 1,800.00 $ 2,475.00 $ 2,360.00 $ 1,700.00 $
20 Install 150 Amp Service 1,350.00 $ 1,440.00 $ 1,210.00 $ 1,900.00 $ 1,850.00 $ 900.00 $ 1,800.00 $ 1,490.00 $ 1,900.00 $
21 Install Garage Light Fixture 325.00 $ 150.00 $ 250.00 $ 200.00 $ 180.00 $ 110.00 $ 175.00 $ 200.00 $ 65.00 $
22 Install Kitchen Light Fixture 600.00 $ 360.00 $ 400.00 $ 220.00 $ 240.00 $ 300.00 $ 320.00 $ 190.00 $ 150.00 $
23 Repair Electrical Service 1,385.00 $ 1,130.00 $ 1,000.00 $ 1,000.00 $ 1,200.00 $ 985.00 $ 1,300.00 $ 980.00 $ 900.00 $
24 Replace Exhaust Fan 161.00 $ 180.00 $ 495.00 $ 350.00 $ 160.00 $ 150.00 $ 175.00 $ 160.00 $ 250.00 $
25 Smoke Detectors With Arc Fault Circuit 600.00 $ 1,020.00 $ 900.00 $ 1,000.00 $ 600.00 $ 750.00 $ 675.00 $ 830.00 $ 875.00 $
TOTAL 34,294.60 $ 34,980.00 $ 30,800.00 $ 32,520.00 $ 31,210.00 $ 31,945.00 $ 35,895.00 $ 35,655.00 $ 36,845.00 $
No Bid Bond
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:September 15, 2011
SUBJECT:AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
WORKFORCE HOUSING COVENANT AGREEMENT/FLORANDA MHP, LLC./NEW
CENTURY EXECUTIVE QUARTERS, LLC
ITEM BEFORE COMMISSION
City Commission consideration and approval of the W orkforce Housing Covenant Agreement between
the City of Delray Beach and the Floranda MHP, LLC and New Century Executive Quarters, pursuant
to the requirements under Section 4.7 of the Land D evelopment Regulations (LDR’s).
BACKGROUND
The Developer of the New Century Quarters has reque sted the City enter into the attached Workforce
Housing Covenant, pursuant to Section 4.7.4 of the LDR’s that grants to the Developer certain density
bonus units beyond the base number allowed per exis ting Zoning Ordinance after performance
standards have been met. In addition, LDR Section 4 .4.12(G)(5) requires a minimum of 20% workforce
units, consisting of moderate-income households at rental rates which do not exce ed a certain
percentage of the Department of Housing & Urban Dev elopment-determined fair market rent for the
area.
The agreement further provides for rules governing the rental and future sale of Workforce units.
Additional restrictions, pursuant to the Workforce Ordinance, include monthly reports from the
developer documenting compliance with the Covenant, duration of the agreement and the conditions
and rights of the City to review and enforce compli ance with all provisions of the covenant.
RECOMMENDATION
Staff is recommending City Commission approval of t he Workforce Housing Covenant Agreement, as
proposed between the City and the Floranda MHP, LLC and New Century Executive Quarters.
1
Prepared by and
Return to:
Brian Shutt, Esq., City Attorney
City of Delray Beach, Florida
200 NW 1 st Avenue
Delray Beach, FL 33444
WORKFORCE HOUSING COVENANT
THIS WORKFORCE HOUSING COVENANT (the “Covenant”) is ente red into
as of the ____ day of _______, 2011, by the CITY OF DELRAY BEACH , a Florida
Municipal Corporation, (referred to herein as “City”), and FLORANDA MHP, LLC , a
Florida Limited Liability Company, and NEW CENTURY EXECUTIVE QUARTERS,
LLC , a Florida Limited Liability Company (referred to herein as “Developer”, which term
shall include any successor to Developer as owner of the entire Development).
RECITALS
A. City has implemented affordable housing requirements as se t forth in
Article 4.7 of the Delray Beach Land Development Regulations (“Regulations”) by
establishing a Family/Work Force Housing Program (hereinafte r referred to as the
“Affordable Housing Program” for the City of Delray Beach . Article 4.7 of the
Regulations grants to Developer certain density bonus Units (additi onal market rate
Units) beyond the base number allowed per existing City Zoning Ordinance after
performance standards have been met.
B. Developer was required to be part of the Affordable Housi ng Program
with respect to that certain real property which is owned by the Developer and is located
in the PC zoning District in Delray Beach, Florida, and more part icularly described in
Exhibit “A” which is attached hereto and incorporated by reference herein (“Real
Property”). Developer has agreed to provide affordable rental housing Units within the
residential development project (“Development”) to be constructed on t he Real Property.
C. Pursuant to the City’s Affordable Housing Program, LDR Secti on
4.4.12(G)(5), residential development in the Silver Terrace Courtyards Overlay in the PC
zoning district must include a minimum of 20% workforce units consisting of moderate
income households at rental rates which do not exceed a certain perc entage of the HUD
determined fair market rent for the area.
D. Pursuant to Article 4.7 of the Regulations, the Developer has ag reed to
enter into this Covenant to evidence of record the affordable housing covenant agains t the
Real Property.
2
E. This Covenant shall apply and be enforceable against Develop er and all
current and future Owners, as applicable, during the term of this Covenant and shall
restrict the sale, resale, rental and use of the applicable housing as p rovided herein.
NOW, THEREFORE, City and Developer hereby agree as follows:
I. DEFINITIONS
The following terms not otherwise defined herein shall have the mea nings set
forth below for purposes of this Covenant, and if a term is defined i n the Regulations, the
Regulations shall control:
1.1. Adjusted Median Income (A.M.I.) – The Palm Beach County median
income, based on a family of four, as published by Florida Housing Finance Agency.
1.2. Affordability Controls – Restrictions placed on dwelling Units by which
the rent of such Units and/or the income of the purchaser or lessee will be restricted in
order to ensure that the Units remain affordable to moderate income households.
1.3. City – The City of Delray Beach, Florida.
1.4. CRA – The Delray Beach Community Redevelopment Agency
1.5. Development – The housing development at the Real Property for which
approvals of density bonus Units have been granted by the City to the Develo per.
1.6. Eligible Occupant – A household who is income eligible to rent a
Workforce Housing Unit. Priority will be given to persons who ha ve lived or worked
within the City limits of Delray Beach, Florida, continually for one year immediately
prior to the date of application for a Workforce Housing Unit in the Development and
who are income eligible.
1.7. Exempt Transfer – A Transfer of all of the Development, as opposed to
a Transfer of one or more individual Units that are separate f rom a Transfer of the entire
Development.
1.8. First Time Home Buyer – A person who has not held ownership in a
residence within the past three years.
1.9. HUD means the United States Department of Housing and Urban
Development.
1.10. Household – A single person living alone, or two or more persons sharing
residency, with a combined income available to cover household expenses.
3
1.11. Moderate Income Household – A household with a gross, combined
income between 81% and 120% of the Palm Beach County Adjusted Median I ncome (as
defined by the Florida Housing Finance Corporation).
1.12. Purchase Price or Sales Price shall mean all consideration paid for the
Transfer of a Unit either at or outside of closing, but shall not include any proration
amounts, taxes, costs and expenses of obtaining financing, the fai r market value of
furnishings or personal property, lender fees, title insurance fee s, closing costs, inspection
fees, or other normal and customary costs related to the purchase of property but not paid
directly to the seller.
1.13. Transfer means any sale, assignment or transfer, voluntary or involuntary,
or by operation of law (whether by deed, contract of sale, gift , devise, bequest, trustee’s
sale, deed in lieu of foreclosure, or otherwise) of any interest i n a Unit, including but not
limited to, a fee simple interest, a joint tenancy interest, a tenancy in common, a life
estate, a leasehold interest (except for an Affordable Housing Unit lease as permitted by
this Covenant), or any interest evidenced by a land contract by which possession of such
Unit is transferred while the existing Unit Owner retains title.
1.14. Unit means a single family, condominium, townhouse, or apartment
residence located in the Development.
1.15. Unit Owner means the record title owner at any time of a Unit
1.16. Workforce Housing Unit or Workforce Unit – A dwelling unit for
which the rent or mortgage payment (including principal, interest , taxes and Insurance
(“P.I.T.I.”)) does not exceed 35% of the gross income of households that cla ssify as
moderate income households and meets the other requirements of the Aff ordable
Housing Program.
II. RENTAL OF UNITS
2.1. The Development shall be subject to this Covenant, and each less ee shall
be an Eligible Occupant, except as provided in Section 2.5 below.
2.2. In no event shall any Unit in the Development be used for transient ,
interval or timeshare rental or ownership.
2.3. At all times, at least twenty (20%) percent of all Units i n the Development
must be Workforce Housing Units that are available to Moderate Income Househol ds.
2.3.1. Workforce Housing Units targeted to moderate income households
at 81% to the 120% affordability level of the Palm Beach County me dian income,
adjusted for family size, shall not have rental rates that exc eed 140% of the HUD
determined fair market rent for the area.
4
2.3.2. No Workforce Housing Units shall be offered for rent to the
general public until all requirements of this Covenant are met.
2.3.3. No efficiency or studio type Workforce Housing Units are allowed.
2.4. The Developer shall provide Workforce Housing Units that include Uni t
types in the same proportion as the market rate housing unit typ es. The following
conditions must be met:
2.4.1. The proportion of one (1) bedroom Workforce Units to total
Workforce Units may not exceed the proportion of one (1) bedroom ma rket rate Units to
total market rate Units.
2.4.2. The proportion of two (2) bedroom Workforce Units to Total
Workforce Units may not exceed the proportion of two (2) bedroom m arket rate Units to
total market rate Units.
2.4.3. The proportion of three (3) bedroom Workforce Units to total
Workforce Units must meet or exceed the proportion of three (3) bedroom market rate
Units to total market rate Units, unless four plus (4+) bedroom Wor kforce Units are
provided.
2.4.4. The proportion of four plus (4+) bedroom Workforce Units to total
Workforce Units must meet or exceed the proportion of four plus 4+ bedroom mar ket rate
Units to total market rate Units.
2.4.5. If the Development contains a mix of different types of Units, (e.g.
condominium, townhouse, detached, etc), the proportion of Workforce Units of each type
to total Workforce Units must be approximately the same as t he proportion of market rate
Units of each type to total market rate Units.
2.4.6. If the development includes both for sale and for rent Units, t he
proportion of for rent Workforce Units to for sale Workforce Units must not exceed the
proportion of for rent market rate Units to for sale market ra te Units; provided however if
the Workforce Housing Units are funded under Florida Housing Finance C orporation’s
Housing Credit or SAIL Programs, the proportionality requirement herein stated shall not
apply if the Development provides at least twenty percent (20%) of the “for sale” Units
as Workforce Housing Units.
2.4.7. The total number of Units in the Project, including both Workforce
Units and market rate Units, are based on the certified site plan for the P roject.
2.5. Workforce Housing Units offered for rental shall be marketed
continuously as Workforce Housing Units. In the event that, notwithstanding the
marketing efforts, Workforce Housing Unit(s) offered for rental remain vacant for 45
days or more due to a lack of Eligible Occupants, the Workforce Unit(s) may be rented to
5
other non eligible occupants, provided that the rental rate is the same as it would have
been if the occupant had been deemed to be an Eligible Occ upant under the City’s
workforce housing ordinance. In such event, the Unit will still be cons idered a Workforce
Housing Unit for the purposes of this ordinance for the duration of the rental term
provided, however, in no event shall there be less than 15 percent of the Units
occupied or available for occupancy at any time by Eligible Workforce Housing
Occupants. Notwithstanding the above, in the event that despite good fa ith marketing
efforts occupancy of 15 percent of the units by Eligible Wor kforce Housing
Occupants cannot be achieved, City and Developer shall, within 30 days of a request by
Developer, negotiate in good faith to agree upon an alternativ e commercially
reasonable percentage and this Covenant shall be amended accordingly.
III. FUTURE SALE OF WORKFORCE HOUSING UNITS
3.1. Should Units be offered for sale in the future in accordance with Florida
Condominium Law, only deeds of those units to be sold as Workforce Housing U nits
shall include reference to this Covenant. All sales contracts s hall state that the Workforce
Housing Unit is part of the Affordable Housing Program and subject to these Covenants.
All deeds to Unit Owners of Workforce Housing Units (except for a deed for an Exempt
Transfer) shall provide that the Delray Beach Community Land T rust, Inc., a Florida not
for profit corporation (“DBCLT”) shall have the right of first refusal to purchase the
Workforce Housing Unit on the same terms and conditions as a prospec tive buyer.
Developer and/or the Workforce Housing Unit Owner shall notify t he DBCLT and the
City in writing within five (5) days after the Developer’s or Workforce Housing Unit
Owner’s acceptance of a contract for sale and purchase (exc ept for an Exempt Transfer)
and shall include in the notice a true and correct copy of the c ontract. The DBCLT Trust
shall have ten (10) business days after receipt of the written notice and contract to
exercise its right to purchase the Unit on the same terms as stated in the contract, except
as stated herein. The DBCLT shall deliver written notice of its exercise to purchase the
Workforce Housing Unit to the Developer/ Workforce Housing Unit Owner within ten
(10) days after the receipt by the DBCLT of the Developer’s/Unit Owne r’s written notice.
The DBCLT shall close the transaction within thirty (30) business days after its election
to exercise its right of first refusal. In the event the DB CLT is not then in existence or no
longer qualifies to act as a Sub-Recipient for the City, the n the City, its successors and
assigns may exercise the right of first refusal.
3.2. All purchasers of Workforce Housing Units (except a purchaser pursuant
to an Exempt Transfer) shall be moderate income households and must be First Time
Home Buyers.
3.3. Owners of Workforce Housing Units (other than the Developer) sha ll be
required to occupy the Unit. If, during ownership, the Owner is una ble to continuously
occupy the Unit due to illness or incapacity, based upon evidence a nd application made
to the City, City may in its discretion, excuse compliance with this requireme nt.
6
3.4. Closing costs and title insurance shall be paid pursuant to the c ustom and
practice in Palm Beach County at the time of closing. No char ges or fees shall be
imposed by the seller on the purchaser of a Workforce Housing Unit which are in
addition to or more than charges imposed upon purchasers of market rate Units, except
for administrative fees charged by the City/CRA, or their designee.
3.4.1. The maximum Sales Price of a Workforce Housing Unit (except
for an Exempt Transfer) shall be established by the City Community Improvement
Department based on a formula that considers the prevailing Insti tutional Lender
mortgage interest rates, as approved by the City Commission by resolution.
3.5. Except for an Exempt Transfer, no Workforce Housing Units shall b e
offered for sale to the general public until all requirements of this Covenant are met.
Each purchaser shall be an Eligible Occupant.
3.6. Except as expressly permitted by this Covenant, no Workforce Ho using
Unit may be transferred.
3.7. At all times, at least twenty percent (20%) of all Units i n the Development
must be Workforce Housing Units that are available to moderate income famil ies.
3.8. Not less than ten (10) calendar days prior to the closing on any W orkforce
Housing sale or resale (except for an Exempt Transfer), the City shall be notified of the
Workforce Housing sale or resale, and the City shall be prov ided with a true and correct
copy of the proposed contract. Developer or Workforce Housing Unit Owner,
respectively, shall deliver written notice of the intent to s ell to the City, and shall provide
to the City all information which is necessary for the City to determine that the proposed
sale complies with the terms, restrictions, and conditions con tained in this Covenant. The
information shall be provided to the City on City approved forms which shall be executed
under oath by the proposed transferor or transferee, as applic able. The City shall have ten
(10) business days after the receipt of the written notice to de termine and notify the
Developer and/or Workforce Housing Unit Owner whether the propos ed transfer is in
compliance with the terms, conditions, and restrictions containe d in this Covenant. If not,
the proposed transfer shall not be made. If the City does no t deliver written notice to
Developer and/or Workforce Housing Unit Owner with said 10-day period that the
proposed contract is not in compliance, such contract shall be deemed approved by the
City. City shall have the right to waive the notice require ments at its sole discretion as
circumstances may warrant to facilitate sale of Workforce Housing Units. Each contract
for sale and purchase of a Workforce Housing Unit (except for a deed for an Exempt
Transfer) shall contain a clause which subjects the propo sed transfer to the prior review of
the City.
IV. ADDITIONAL RESTRICTIONS
4.1. All Workforce Housing Units constructed or rehabilitated in the Pro ject
shall be situated within the Real Property so as not to be in less desirable locations than
7
market-rate Units in the Development and shall, on average, be no less accessible to
public amenities, such as open space, as the market-rate Units.
4.2. Workforce Housing Units shall be integrated with the rest of the
Development and shall be compatible in exterior design, appear ance, construction, and
quality of materials and contain comparable HVAC systems and appliances with market
rate Units and provide them as standard features. All Workforce Hous ing Units shall
contain comparable square footage to the corresponding market-rate Unit.
4.3. The construction schedule for Workforce Housing Units shall be
consistent with or precede the construction of market rate Units.
4.4. There shall be no lot premiums charged on the Workforce Housing Units
4.5. Resale and Subsequent Rentals of Workforce Housing Units. To maint ain
the availability of Workforce Housing Units which are constructe d in the Development,
the following resale and/or rental conditions are imposed on the Workforce H ousing Units
and the same shall also be included in the deed:
a. All Workforce Housing Units shall remain affordable for a
period of no less and no more than forty (40) years from the
date of recording of this Covenant in the Public Records of
Palm Beach County, Florida.
b. Except for an Exempt Transfer, all Workforce Housing
Units must be rented or sold to eligible Households and
Eligible Occupants except as otherwise provided in Secti on
2.5.
c. If the Units in the Development are part of a condominium,
cooperative, homeowners association or similar community,
these Covenants shall be incorporated into the governing
documents of such community and the governing
documents shall be approved by the City Attorney. The
governing documents may not be amended without the
City’s consent.
d. Workforce Housing Unit resales shall be limited to
Households of the same category relative to income.
e. The Sales Price of Workforce Housing Units may not
exceed the upper limit of affordability for the income
category to which the Unit was originally assigned.
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f. Transfers of title under the following circumstances shall be
allowed, and are not subject to the restrictions included in
this Covenant:
i. Transfers by inheritance to the purchaser-owner's
surviving spouse, qualified domestic partner, or lineal
descendants, or;
ii. Transfers of title to a spouse as part of a divorce
decree, or to a qualified domestic partner as part of a court
approved property settlement agreement; or
iii. Acquisition of title or interest therein by an existing
Owner’s spouse if it is in conjunction with marriage of the
Owner and his spouse, or by an existing Owner’s qualified
domestic partner; or
iv. Exempt Transfers.
4.6. No resales of Workforce Housing Units are permitted until the
requirements of this Covenant are met.
4.7. No Workforce Housing Unit may be sublet or assigned to a te nant(s) or
purchaser(s) whose income exceeds the percent of AMI under wh ich the Unit was
originally approved, except as otherwise provided in Section 2.5.
4.8. Household income is determined by the cumulative income of all tenants or
purchasers under one (1) roof.
4.9. The maximum permitted resale price of Workforce Housing Unit may not
exceed the initial Sales Price of the Workforce Housing Unit , subject to an increase at the
same rate as the Palm Beach County median income has increas ed from the initial date of
purchase.
4.10. Nothing contained in this Covenant shall require a Workforce House hold
to vacate a rental Workforce Housing Unit or to sell a Workf orce Housing Unit if the
tenant(s) or purchaser(s) income respectively, later exce eds AMI, provided such
Household initially qualified as Eligible Occupants for such le ase or purchase.
4.11. The forms of the lease, contract for sale (except for an Exe mpt Transfer),
and deed for the rental and sale of a Workforce Housing Unit, respe ctively, shall be
approved in advance for compliance with this Covenant by the Cit y Attorney, which
approval shall not be unreasonably withheld.
4.12. To ensure the Developer’s compliance with the Affordability C ontrols and
restrictions contained in this Covenant, not later than the t enth (10 th ) day of each calendar
9
month for every month during the term of this Covenant, Developer s hall deliver a written
report (“Report”) to the City containing such information and doc uments as the City may
require to verify that the Developer is in compliance with this Cove nant. The Report shall
be current as of the first day of the month in which the Report is delivered to the City.
The form of the Report shall be approved by the City Attorney. At minimum, the Report
shall contain the following information and documents with respec t to each Workforce
Housing Unit:
4.12.1. With respect to Workforce Housing Unit leases:
a. Name and address of each Unit Eligible Occupant and
member of the Household.
b. Date lease term commenced.
c. Date lease term terminates.
d. Amount of monthly rent due under the lease.
e. Qualifying Household income.
f. Unit address.
g. Number of bedrooms and baths in each Unit.
h. Household size.
i. Whether Unit is occupied or vacant.
j. Total number of Workforce Housing Units presently leased.
4.12.2. With respect to Workforce Housing Unit sales:
a. Total number of Workforce Housing Units listed for sale.
b. Total number of Workforce Housing Units transferred by
the Developer.
c. Date of each sale closing.
d. Household size.
e. Name and address of all Eligible Occupants.
f. Number of bedrooms and baths in Unit.
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g. A copy of the recorded instrument which transferred the
Unit.
h. Unit address.
i. Qualifying Household income.
4.12.3. The Report shall be executed under Oath by the Developer or it s
authorized agent or representative.
4.13. Provided no Units are offered for sale by the Developer and the Developer
owns all of the Units in the Development, the Developer may redesignate a Unit as a
rental Workforce Housing Unit or redesignate a Unit as a market rate renta l Unit provided,
at all times, there is not less than twenty percent (20%) rental Workforce Housing Units in
the Development.
4.14. At any time and from time to time, the City may conduct wri tten or oral
surveys of Eligible Occupants and Unit Owners to verify the Developer’s c ompliance with
the terms and conditions of this Covenant, and City may enter t he Development and
access the Workforce Housing Units for the purpose of conducting per sonal interviews
and obtaining other information reasonably necessary to verify Developer’s compliance
with the City’s Affordable Housing Program requirements.
4.15. Developer shall comply with all applicable Federal, Stat e and local laws,
rules, regulations and ordinances relating to the sale and rental of r eal property.
4.16. Developer shall promptly notify the City upon the occurrence of an Exe mpt
Transfer.
V. DURATION AND AMENDMENT
5.1. For both sale and rental of Workforce Housing Units, this Covenant shall
remain in effect for forty (40) years from the date of recording of this Covenant in the
Public Records of Palm Beach County, Florida. This Covenant shal l apply to any
replacement structure or structures constructed if a structur e containing a Workforce
Housing Unit or Units is demolished or destroyed, provided that if demolition or
destruction of a structure containing Workforce Housing Units oc curs thirty-five (35)
years after recording of this Covenant and demolition or destruc tion was unintentional,
this Covenant with respect to the Unit in the structure shall terminate on demolition or
destruction.
5.2. Covenant Running With Land. The terms of this Covenant constitute
covenants running with the Real Property and each designated Workfor ce Housing Unit.
This Covenant shall bind, and the benefit hereof shall inure to, Developer, the Workforce
Housing Unit Owners, DBCLT, and the City, and any heirs, legal r epresentatives,
executors, successors and assignees thereof. The Workforce H ousing Units shall be held,
11
conveyed (including pursuant to an Exempt Transfer), hypothecated, enc umbered, leased,
rented and occupied subject to the covenants, restrictions and li mitation set forth herein,
which are intended to constitute both equitable servitudes and co venants running with the
Real Property. Any lessee, buyer, or transferee of a Work force Housing Unit or any
portion thereof, by acceptance of a lease or a deed therefor, or by the signing a lease or of
a contract to purchase the same, shall, by acceptance of s uch lease or deed or by the
signing of such contract or agreement, be deemed to have consent ed to and accepted the
covenants, conditions, restrictions and limitations set forth herei n, whether or not there is
any express reference to this Covenant in such lease, deed or contra ct.
5.3. Amendment. This Covenant may be amended at any time by a r ecorded
document executed and acknowledged by the Unit Owners (including De veloper, should
Developer hold a Unit for sale) and the City. An amendment ma y be effective as to some
but not all of the Units, in which event it need only be approved b y the Unit Owner(s) of
the Unit(s) so affected.
VI. ENFORCEMENT
6.1. Right to Enforce. The City reserves, and Developer, all propos ed lessees,
buyers and the Workforce Housing Unit Owners are deemed to have granted the City the
right to review and enforce compliance with all provisions of t his Covenant, as further set
forth in this Article VI.
(a) In the event that the City has reasonable cause to believe tha t the
Developer, lessee, occupant, Household or a Workforce Housing Uni t Owner is in default
of any of the provisions of this Covenant, then the City Manager, or his or her designee,
may inspect the Unit owned by the Developer or such Workforce Ho using Unit Owner at
any reasonable time and from time to time, after providing the Developer, lessee or such
Workforce Housing Unit Owner not less than twenty-four (24) hours advance written
notice, except in the case of an emergency when less advance notice may be given.
(b) Except in the case of a default which constitutes an incurab le
default or involves the health, safety and welfare of Households in the Development, or in
the case of an emergency (in which event no notice and opportuni ty to cure are required),
in the event of any other default of this Covenant, the City shall give the Developer,
lessee, Workforce Housing Unit Owner or Household Occupant who is in default, fifteen
(15) days written notice of such default, which notice shall state the nature of the default.
If the default is not cured to the satisfaction of the City wi thin fifteen (15) days from the
giving of such notice, or immediately when no notice and opportuni ty to cure is required,
the City may pursue any or all remedies available to it, as set forth in Section 6.1(c) below.
(c) The City hereby reserves the right to enforce this Covenant b y
pursuing any and all remedies provided by law or in equity. The City’s remedies shall
include, by way of example and not limitation, the right to sp ecific performance of this
Covenant, the right to a mandatory injunction requiring the sale or lease of a Workforce
Housing Unit in conformance with this Covenant, the right to cancel and declare void the
12
sale, deed, contract or lease, the right to remove occupants, and da mages and injunctive
relief for breach of this Covenant. All of the remedies ava ilable to the City shall be
cumulative, and the City’s election to pursue any remedy shall no t preclude the City for
then or later pursuing any one or more other remedies.
(d) In the event City resorts to litigation with respect to any default
under this Covenant, the prevailing party shall be entitled to recover i ts damages and costs,
including expert witness fees from the party at fault. Deve loper shall not be liable for
default that was due to misrepresentation or other wrongful ac t of an occupant. The party
in default hereunder shall be responsible for the costs require d to enforce the provisions of
this Covenant. Venue for any action for breach of, or to enfor ce, this Covenant shall be
properly in Palm Beach County, Florida.
(e) In the event any Workforce Housing Unit is transferred or lease d in
a manner that is not in full compliance with the provisions of this Covenant, such transfer
or lease shall be wholly null and void and shall confer no title or rights whatsoever upon
the purported transferee or lessee.
6.2. Priority of Covenant. This Covenant shall be of equal dignity t o, and shall
not be subordinated to, any lien or encumbrance, including withou t limitation, any
Institutional Lender, and shall survive and not be extinguished by the foreclosure or deed-
in-lieu of foreclosure regarding any such liens or encumbranc es. This includes, but is not
limited to, judgment liens, assessment liens, tax liens, c onstruction liens and mortgage
liens.
VI. MISCELLANEOUS
7.1. No Third Party Beneficiaries. There are no intended third p arty
beneficiaries of this Covenant, and no party other than the C ity shall have standing to
bring an action for, breach of, or to enforce, the provisions of this Covenant, excep t for the
Delray Beach Community Land Trust which shall be a third par ty beneficiary of this
Covenant with respect to its right of first refusal.
7.2. Notices. Notices to any person or entity shall be given in w riting and
delivered in person or mailed, by certified or registered pre paid U. S. Mail, return receipt
requested, to the person’s or entity’s representative set forth belo w (as may be changed by
notice from time to time) at the address set forth below:
Notices to the City shall be sent to:
City of Delray Beach
100 N. W. 1 st Avenue
Delray Beach, Florida 33444
Attention: City Manager
13
With a copy to:
City Attorney
City of Delray Beach
200 N. W. 1 st Avenue
Delray Beach, Florida 33444
Notices to the Developer shall be sent to:
New Century Companies, LLC
1030 S. Federal Highway, Suite 100
Delray Beach, Florida 33483
Notices to the Delray Beach Community Land Trust, Inc. shall be sent t o:
Delray Beach Community Land Trust, Inc.
20 North Swinton Avenue
Delray Beach, Florida 33444
Notices to a Workforce Housing Unit lessee or Workforce Housing Unit Owner may be
given in like manner addressed to the applicable Unit. Such notice shall be deemed given
when hand delivered or when deposited, postage prepaid, in the United States mail.
7.3. Severability. If any provision of this Covenant shall be held by a court of
proper jurisdiction to be invalid or unenforceable; the remaini ng provisions shall survive
and their validity, legality and enforceability shall not in any way be affected or impaired
thereby; and the court may, but shall not be required to fashion a substitute for the
provision held to be invalid or unenforceable.
7.4. Headings. The headings of the Sections in this Covenant are fo r
convenience only and shall not be used to interpret the meaning of any prov ision hereof.
7.5. Homestead Waiver. This Covenant is prior and superior to each
Workforce Housing Unit Owner’s right to a homestead exemption. Each Workforce
Housing Unit Owner waives the Workforce Housing Unit Owner’s homestead rights to
the fullest extent that they conflict or impair the City’s rights and remedies under this
Covenant.
7.6. No Guarantee. Nothing herein shall be construed or give rise to any
implied representation, warranty or guarantee, and the City expressly disclaims, that any
Workforce Housing Unit Owner will be able to resell his or her Workforce Housing Unit
for the maximum purchase price or recover the purchase pric e for such Workforce
Housing Unit or release for the maximum rent for such Workforce Housing Unit. Such
Workforce Housing Unit Owner recognizes and accepts that hi s or her Unit may be less
marketable than other Units in the Project and may not sell for as great a purchase price.
14
7.7. Governmental Functions: Notwithstanding anything to the contrary
contained in this Declaration:
a. Even though the City has certain contractual obligations under t his
Covenant such obligations shall not relieve any person subject to this
Covenant from complying with all applicable governmental regulations,
rules, laws, and ordinances;
b. To the extent approval or permission must be obtained from th e
City, such approval or permission shall be granted or denied in ac cordance
with applicable governmental regulations, rules, laws, and ordina nces, and
no person shall have any vested rights;
c. The City has not waived its sovereign immunity; and
d. Any action by City shall be without prejudice to, and shall n ot
constitute a limit on, impairment or waiver of, or otherwise a ffect City’s
right to exercise its discretion in connection with its governmental or quasi-
governmental functions.
7.8. This Agreement shall be governed by and construed in accordance with t he
laws of the State of Florida.
7.9. DEVELOPER AND CITY HEREBY KNOWINGLY, VOLUNTARILY,
AND INTENTIONALLY WAIVE THE RIGHT ANY MAY HAVE TO A TRIAL BY
JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR A RISING OUT
OF, UNDER, OR IN CONNECTION WITH THIS COVENANT AND AN Y
AGREEMENT EXECUTED IN CONJUNCTION HEREWITH OR THERE WITH, OR
ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER
VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY.
7.10 This Agreement constitutes the entire agreement betwe en City and
Developer.
7.11 In the event of a default of either party to this Covenant , the non-defaulting
party may bring an action at law or in equity to enforce his rights under this Covenant.
The proper place of venue shall be Palm Beach County, Florida.
7.12 Conflict. To the extent of any conflict between the terms of this Covenant
and Section 4.7 of the City’s Code of Ordinances in effect as of t he date of the execution
of this Covenant by the City, the Code of Ordinances shall control.
[SIGNATURES ON FOLLOWING PAGES]
15
Signed, sealed and delivered FLORANDA MHP, LLC
in the presence of:
_____________________________ By:____________________________________
_____________________________ DAVID BIGGS, MANAGING MEMBER
(Name printed or typed)
_____________________________
_____________________________
(Name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ____ day of ___________,
2011 by David Biggs as Managing Member of FLORANDA MHP, LLC, w ho is personally
known to me or who has produced _____________________ as identification.
________________________________
Signature of Notary Public – State of Florida
Signed, sealed and delivered NEW CENTURY EXECTIVE
in the presence of: QUARTERS, LLC
_____________________________ By:________________________________
_____________________________ DAVID BIGGS, MANAGING MEMBER
(Name printed or typed)
_____________________________
_____________________________
(Name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ____ day of ___________,
2011 by David Biggs as Managing Member of NEW CENTURY EXECUT IVE QUARTERS,
LLC, who is personally known to me or who has produced _____________________ as
identification.
____________________________________
Signature of Notary Public – State of Florida
CITY OF DELRAY BEACH, a
16
Florida Municipal Corporation
ATTEST: CITY OF DELRAY BEACH, FLORIDA
________________________ By: __________________________
City Clerk Nelson S. McDuffie, Mayor
Approved as to legal form
and sufficiency:
________________________
City Attorney
Witness
________________________________
Print name of Witness
________________________________
Witness
________________________________
Print name of Witness
________________________________
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ___ day of
_____________ 2011, by Nelson S. McDuffie, Mayor, City of Delray Beach, Florida
who:
(please check one)
______ is (are) personally known to me OR
______ has (have) produced ______________________________________ as
identification.
______________________________
My Commission Expires: Notary Public
17
EXHIBIT “A”
Legal Description of Real Property:
EXHIBIT “A”
PARCEL ONE
PARCEL I:
THAT PART OF THE NORTH 15 FEET OF THE SOUTH ONE-HAL F (S-1/2) OF
THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE S OUTHWEST 1/4 OF
SECTION 21, TOWNSHIP 46 SOUTH , RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LYING WEST OF STATE ROAD NO.5 (U.S. HIGHWA Y#1) AS NOW
LAID OUT AND IN USE, AND
PARCEL II
THE EAST 80 FEET OF TRACT 6, LAMBERT TRAILER COURT, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 41, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY , FLORIDA: TOGE THER WITH
THAT PORTION OF TRACT 1 OF SAID LAMBERT TRAILER COU RT
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CO RNER OF
SAID TRACT 1; THENCE EASTERLY ALONG THE SOUTH LINE OF TRACT 1 AT
A DISTANCE OF 92.39 FEET TO AN ANGLE POINT; THENCE CONTINUING
ALONG SAID SOUTH LINE, MAKING AN INCLUDED ANGLE OF 180°09'45" A
DISTANCE OF 206.40 FEET TO A POINT IN THE PROPOSED WEST RIGHT-OF-
WAY LINE OF THE SOUTH BOUND LANE OF STATE ROAD NO.5 , U.S. NO.1,
ACCORDING TO THE STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP,
SECTION 9301-206 DATED JUNE 1958; THENCE NORTHERLY ALONG SAID
WEST RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT WHOSE RADIUS IS
2836.93 FEET, CENTRAL ANGLE OF 2°46'36", AN ARC DIS TANCE OF 137.48
FEET TO THE NORTH LINE OF SAID TRACT 1; THENCE WEST ERLY ALONG
THE NORTH LINE OF TRACT 1, A DISTANCE OF 238.26 FEE T TO AN ANGLE
POINT; THENCE CONTINUING WESTERLY ALONG SAID NORTH LINE,
MAKING AN INCLUDED, MAKING AN INCLUDED ANGLE OF 179 °50'15", A
DISTANCE OF 92.37 FEET TO THE NORTHWESTERLY CORNER OF SAID
TRACT 1: THENCE SOUTHERLY ALONG THE WESTERLY LINE O F TRACT 1,
MAKING AN INCLUDED ANGLE OF 90°34'30", A DISTANCE O F 133.50 FEET TO
THE POINT OF BEGINNING. RESERVING THE SOUTHERLY 18 FEET THEREOF
FOR USE OF ADJOINING PROPERTY OWNERS.
AND
A PARCEL OF LAND IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, BEING A PART OF LAMBERT TRAILER
COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
22, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH CO UNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT A POINT IN THE NORTH LINE OF LOT 2 OF SAID LAMBERT
TRAILER COURT, AT A DISTANCE OF 1387.27 FEET WEST O F THE
NORTHEAST CORNER OF SAID LOT 2; THENCE WESTERLY ALO NG THE
NORTH LINE OF SAID LOT 2, A DISTANCE OF 172.35 FEET TO A POINT 126.77
FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 2; TH ENCE
SOUTHERLY PARALLEL TO THE WEST LINE OF LOTS 2 AND 3 OF SAID PLAT,
A DISTANCE OF 197.63 FEET TO A POINT IN THE SOUTH L INE OF SAID LOT 3,
A DISTANCE OF 126.77 FEET EAST OF THE SOUTHWEST COR NER OF SAID
LOT 3; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 3, A
DISTANCE OF 113.06 FEET TO A POINT 75.09 FEET WEST OF THE SOUTHEAST
CORNER OF SAID LOT 3; THENCE NORTHERLY ALONG THE AR C OF A
CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 28 36.93 FEET, A
DISTANCE OF 206.85 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
SUBJECT TO EXISTING EASEMENTS.
PARCEL 2:
ALL OF LOTS 4 AND 5 AND THE WEST 126.77 FEET OF LOT S 2 AND 3, OF SAID
LAMBERT TRAILER COURT, ACCORDING TO THE PLAT THEREO F AS
RECORDED IN PLAT BOOK 22, PAGE 41, PUBLIC RECORDS O F PALM BEACH
COUNTY, FLORIDA.
PARCEL TWO:
THE WEST 130.47 FEET OF TRACT 6, LAMBERT TRAILER CO URT,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT B OOK 22, PAGE
41, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AND
THE EAST 40 FEET OF THE WEST 170.47 FEET OF TRACT 6 , LAMBERT
TRAILER COURT, ACCORDING TO THE PLAT THEREOF AS REC ORDED IN
PLAT BOOK 22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
AND ALSO:
THE WEST 40 FEET OF THE EAST 400 FEET OF TRACT 6, L AMBERT TRAILER
COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, F LORIDA.
PARCEL THREE:
THE WEST 40 FEET OF THE EAST 120 FEET OF TRACT 6, L AMBERT TRAILER
COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, F LORIDA.
PARCEL FOUR:
THE WEST 40 FEET OF THE EAST 360 FEET OF TRACT 6, L AMBERT TRAILER
COURT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
22, PAGE 41, PUBLIC RECORDS OF PALM BEACH COUNTY, F LORIDA.
PARCEL FIVE:
ALL OF "PROFESSIONAL OFFICE PLAZA FOR ACQUILANO", A CCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44 AT PA GE 147 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
SAID LANDS ALL LYING IN THE CITY OF DELRAY BEACH, P ALM BEACH
COUNTY, FLORIDA AND CONTAIN 8.191 ACRES, MORE OR LE SS.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Sharon L'Herrou, Administrative Officer
Anthony W. Strianese, Chief of Police
THROUGH:David T. Harden, City Manager
DATE:September 13, 2011
SUBJECT:AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
DUI GRANT AWARD/FDOT
ITEM BEFORE COMMISSION
The Police Department requests that Commission acce pt the DUI grant award from the Florida
Department of Transportation (FDOT) in the amount o f $22,352 to continue implementation of the
D.U.I. Enforcement program which began with our FDO T-DUI award in 2009. The application for this
grant was approved by Commission at the March 15th meeting.
BACKGROUND
The City Commission approved the original FDOT-DUI grant award on 10/20/09. The grant operates
for three years and requires sites to fund increasi ng proportions of the project each successive year. The
FDOT-DUI 2011 funding pays for a portion of the DUI Offi cer's salary, benefits, and overtime for court
cases and related DUI activities.
Resources provided by this grant will afford the De partment greater flexibility in the area of DUI
enforcement and public awareness efforts and help m ake our roads safer.
FUNDING SOURCE
The Department matches a portion of the DUI officer 's salary, overtime, and benefits from various
Police Department accounts.
RECOMMENDATION
The Police Department recommends accepting the awar d.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Catherine M. Kozol, Asst. City Atty./Police Le gal Advisor
THROUGH:City Attorney
DATE:September 13, 2011
SUBJECT:AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
MAINTENANCE AGREEMENT/CONTROL COMMUNICATIONS, INC.
ITEM BEFORE COMMISSION
This is a Maintenance Agreement between Control Com munications and the City of Delray Beach for
the maintenance of the 248 XTS3000 portable radios used by police officers.
BACKGROUND
Motorola no longer supports a portion of our publi c safety portable radios (Model XTS3000's). Control
Communications has been the subcontractor, through Motorola, performing the necessary repairs and
programming of these specific models. Based on this support, Control Communications has now
provided this contract to cover the above radios un der a separate Maintenance Agreement. The radio
system and newer portable radios (XTS5000's) will c ontinue to be serviced by Control Communications
but covered under the Motorola Maintenance Agreemen t that was just approved by the Commission last
month. Control Communications has the software temp lates and the access keys that are required for
programming which are consistent between both the n ewer and older radio types. Logistically, all radio s
currently remain under Control's care. Thus, it is vital that the City utilize the same service
provider. The maintenance amount for services is $2,108.00 per month or a total of $25,296.00 for the
year.
FUNDING SOURCE
Funding will be from Acct. # 001-2111-521-46.20.
RECOMMENDATION
City Attorney's Office recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 13, 2011
SUBJECT:AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
INTERLOCAL AGREEMENT: CRA FOR FUNDING OF CONSTRUCTION/PROFESS IONAL
SERVICES
ITEM BEFORE COMMISSION
Staff requests Commission approval of the Interloc al Agreement between the City and the CRA for the
funding of construction costs and professional serv ices for certain projects as listed on Exhibit “A ”
attached to the Agreement.
BACKGROUND
Attached is the proposed Interlocal Agreement for t he funding of construction costs and professional
services for certain projects, located in the CRA d istrict, as listed on Exhibit “A” attached to the
Agreement. The CRA shall provide such funding to th e City upon bid award to the contractor. The
Agreement further provides that the City will first obtain the consent of the CRA prior to issuing a
change order for a cost increase and if the project comes in under the amount paid by the CRA a refund
will be issued to the CRA.
RECOMMENDATION
Staff recommends approval.
Meeting Date: September 8, 2011
Agenda Item:
~ CRA BOARD SUMMARY ~
INTERLOCAL AGREEMENT BETWEEN THE CITY AND CRA
FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES
The implementation of many of the projects contained in the CRA Plan, particularly the public
infrastructure projects resulting from the Downtown Master Plan and Southwest Neighborhood
Plan, require a joint City/CRA effort. The typical arrange ment involves the CRA funding all or a
portion of the project, and the City’s Engineering or othe r staff overseeing the bidding and
construction processes. Once funded, the projects are included i n the City’s CIP (Capital
Improvement Plan).
Each year the City and CRA enter into an interlocal agreement to formalize the CRA’s
commitment to fund the specific projects (copy attached). This yea r’s projects include the
following:
Fiscal Year 2011-2012 Projects
City
Project #
Project Name Amount of CRA
Funding
A 2009-041 Atlantic Avenue Gateway Feature (Public Art Project) $ 1 ,500,000.00
B Swinton & Atlantic Intersection $ 100,000.00
C 2012-623 NE 1 st Avenue Streetscape Improvements –NE 1 st St/NE 2 nd St $ 350,000.00
D 2009-006 Blocks 19 & 20 Alley Improvements $ 200,000.00
E 2011-009 Block 32 Alley $ 100,000.00
F 2010-041 NW 12 th Ave – Atlantic/MLK $ 400,000.00
G 2011-024 NE 3 rd St/ Ave Streetscape (& Alley Improvements) $ 100,000.00
H 2010-098 SW 12 th Ave/Auburn Ave/14 th Ave $ 150,000.00
I 2004-006 SE & NE 1 st St - One-Way Pair (Conversion) $ 50,000.00
J 2010-039 SW 2 nd Street Beautification $ 600,000.00
K 2010-027 Bus Shelters $ 37,500.00
L 2011-017 Fire Headquarters Public Plaza $ 35,000.00
M SE 2 nd Ave Improvements – SE 2 nd St/SE 4 th St (Osceola Park) $ 75,000.00
Funds will be transferred to the City at the time that a co ntract is awarded for each project.
Recommended Action:
Approve the Interlocal Agreement with the City of Delray Beach f or funding of Joint Projects for
Fiscal Year 2011/2012, subject to approval of the City and C RA budgets for Fiscal Year 2011 -
2012.
Submitted By: Jeffrey A. Costello, Assistant Director
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF DELRAY BEACH AND THE
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
FOR FUNDING CONSTRUCTION /PROFESSIONAL SERVICES
THIS AGREEMENT is made this _________________ day of _____, 2011, by
and between the CITY OF DELRAY BEACH , a Florida munici pal corporation,
(hereinafter referred to as “CITY ”), and the DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY , a public body corporate and politic, duly created and
operated pursuant to Chapter 163, Florida Statutes (herei nafter referred to as the
“CRA ”).
W I T N E S S E T H :
WHEREAS , the CITY will be performing various construction projects located in
the CRA district and as shown on Exhibit “A”; and
WHEREAS , the CRA is providing funding for the pr ojects in the amount listed on
Exhibit “A”; and
NOW, THEREFORE , in consideration of the mu tual covenants and promises
herein contained, the parties hereby agree as follows:
1. The recitations set forth above are hereby incorporated herein.
2. The CRA shall provide funding to the CITY in the amounts listed and for
the projects listed on Exhibit “A”. Such payment shall be made to the CITY upon the bid
award to the contractor, or approval of a Service Authorization with a consultant.
Funding for the projects listed on Exhibit "A " shall include actual construction costs as
well as other costs directly related to proc uring, awarding, and co mpleting the project
construction including, but not limited to, advertising, testing, inspection, and utility
relocation costs.
2
3. The CITY shall provide a wr itten request to the CRA for approval of any
change order that will result in an increase in the fundi ng to be provided by the CRA .
The CITY shall submit the written request to the CRA prior to the execution of any work
covered by the change order. Failure to obtain the CRA ’s approval of the funding for
the change order, prior to the execution of the work, shall be a basis for the CRA to
deny additional funding to the CITY for the project identified in the change order. The
CITY and the CRA agree and acknowledge that the approval of a change order does
not require an amendment to this Agreement.
4. The term of this Agreement shall commence upon execution by both
parties, and this Agreement s hall continue until either party delivers written notice to the
other party of its intent to terminate this agreement, or 60 days after the City receives
the final invoice from the contractor or profe ssional for all of the projects listed on Exhibit
“A”. Notwithstanding the foregoing, once the City has executed a contract with a
contractor or professional for a particular project, the CRA shall not be allowed to
withdraw its funding for that particular project. If the CITY terminates this Agreement,
the CITY shall refund to the CRA any funding that was provided to the CITY but was not
paid to the contractor or prof essional. If the total funds the CITY requires to complete a
particular project, as identified in Exhibi t "A", is less than the amount paid by the CRA to
the CITY for a particular project , the CITY shall refund to the CRA any and all funds
provided to the CITY that exceed the amount the CITY paid to the contractor or
professional for the pa rticular project.
5. Once the CRA provides any funding for any of the projects identified in
Exhibit “A”, the CITY shall provide the CRA with monthly reports detailing the progress
3
of the specific projects, in cluding, but not limited to, the contract amount, the amount of
funds paid to the contractor, t he status of the project, and t he total of any change orders
related to the project.
6. The CITY shall insure that all publicity, public relations, advertisements
and signs recognize the CRA for the support of all activities conducted with the funds
provided by the CRA . The use of the CRA logo is permissible, but all signs used to
publicize CRA contracted activities must be approved by the CRA Executive Director or
her designee prior to being posted. Upon request by the CRA , CITY shall provide proof
of the use of the CRA logo as required by this paragraph for projects funded pursuant to
this Agreement.
7. This Interlocal Agreement shall be filed pursuant to the requirements of
Section 163.01(11) of the Florida Statutes .
8. No prior or present agreements or representations with regard to any
subject matter contained within this Agreement shall be binding on any party unless
included expressly in this Ag reement. Any modification to this Agreement shall be in
writing and executed by the parties.
9. The validity of any portion, arti cle, paragraph, provision, clause, or any
portion thereof of this Agreement shall have no force and effect upon the validity of any
other part of portion hereof.
10. This Agreement shall be governed by and in accordance with the Laws of
Florida. The venue for any action arising from this Agreement shall be in Palm Beach
County, Florida.
4
11. Neither the CITY nor the CRA shall assign or transfer any rights or interest
in this Agreement.
12. This Agreement shall not be valid until signed by the Mayor and the City
Clerk.
A T T E S T : C I T Y O F DELRAY BEACH, FLORIDA
_____________________________ By: ______________________
City Clerk Nelson McDuffie, Mayor
Approved as to Form:
_____________________________
City Attorney
A T T E S T : D E L R AY BEACH COMMUNITY
REDEVELOPMENT AGENCY
__________________________ By:___________________________
Diane Colonna, Executive Director Howard Lewis, Chair
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was ack nowledged before me this ____ day of
____________, 2011, by __________________________, as ____________________
(name of officer or agent, titl e of officer or agent), of
_____________________________ (name of corporat ion acknowledging), a
_____________ (state or place of incorporat ion) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
_____________________________ (type of identificatio n) as identification.
____________________________________
Notary Public – State of Florida
5
EXHIBIT A
Fiscal Year 2011-2012 Projects
City
Project #
Project Name Amount of CRA
Funding
A 2009-041 Atlantic Avenue Gateway Feature (Public Art Project) $ 1 ,500,000.00
B Swinton & Atlantic Intersection $ 100,000.00
C 2012-623 NE 1 st Avenue Streetscape Improvements –NE 1 st St/NE 2 nd St $ 350,000.00
D 2009-006 Blocks 19 & 20 Alley Improvements $ 200,000.00
E 2011-009 Block 32 Alley $ 100,000.00
F 2010-041 NW 12 th Ave – Atlantic/MLK $ 400,000.00
G 2011-024 NE 3 rd St/ Ave Streetscape (& Alley Improvements) $ 100,000.00
H 2010-098 SW 12 th Ave/Auburn Ave/14 th Ave $ 150,000.00
I 2004-006 SE & NE 1 st St - One-Way Pair (Conversion) $ 50,000.00
J 2010-039 SW 2 nd Street Beautification $ 600,000.00
K 2010-027 Bus Shelters $ 37,500.00
L 2011-017 Fire Headquarters Public Plaza $ 35,000.00
M SE 2 nd Ave Improvements – SE 2 nd St/SE 4 th St (Osceola Park) $ 75,000.00
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 13, 2011
SUBJECT:AGENDA ITEM 8.O. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
INTERLOCAL AGREEMENT: CRA/ SPONSORSHIP OF TENNIS TOURNAMENT S
ITEM BEFORE COMMISSION
Staff requests Commission approval of an interlocal agreement between the City and the CRA for the
sponsorship of City tennis tournaments for FY 2011-12.
BACKGROUND
The CRA has agreed to contribute $535,000.00 to the City in order to assist in the sponsorship of City
tennis tournaments and to be a co-title sponsor for the International Tennis Champion ships
tournament. The funds shall be given to the City wi thin 30 days of the execution of this Agreement by
both parties.
RECOMMENDATION
Staff recommends approval of the Interlocal Agreeme nt with the CRA for Sponsorship of the City
Tennis Tournament for FY 2011-12.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 13, 2011
SUBJECT:AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
INTERLOCAL AGREEMENT: CRA/STREETSCAPE BEAUTIFICATION LANDS CAPE
MAINTENANCE
ITEM BEFORE COMMISSION
Commission is requested to approve an Interlocal Ag reement between the City and the CRA for
Streetscape Beautification Landscape Maintenance fo r SW 12th Avenue and Martin Luther King, Jr.
Drive.
BACKGROUND
Attached is the proposed Interlocal Agreement betwe en the City and the CRA for funding to be
provided by the CRA in the amount $23,000 for irrig ation and landscape maintenance along Martin
Luther King, Jr. Drive and S.W. 12 th Avenue. This Agreement has an initial term of five (5) years and
may be renewed upon the consent of both parties.
RECOMMENDATION
Staff recommends approval of the Interlocal Agreeme nt between the City and CRA for Streetscape
Beautification Landscape Maintenance.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 13, 2011
SUBJECT:AGENDA ITEM 8.Q. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
INTERLOCAL AGREEMENT/CRA/HOUSING REHAB INSPECTOR POSITION
ITEM BEFORE COMMISSION
Approval of the Interlocal Agreement with the Delra y Beach Community Redevelopment Agency for
the funding of a Housing Rehab Inspector position i n the Neighborhood Services Division of the
Community Improvement Department.
BACKGROUND
The CRA shall contribute 50% of the funding for a H ousing Rehab Inspector position assigned to the
Neighborhood Services Division. The Housing Rehab I nspector will insure timely and professional
services related to the review of plans and bids fo r specific housing projects. This will allow the
Housing Rehabilitation Program participants to rece ive more efficient and professional services. The
agreement is for a period of one year, but will ren ew if both parties provide funding for the position in
their budgets. The CRA shall pay to the City an amo unt not to exceed $35,810.00 in quarterly
installments. Either party may cancel this agreemen t upon providing notice to the other party at least 30
days prior to renewal.
RECOMMENDATION
Staff recommends approval of the interlocal agreeme nt.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 13, 2011
SUBJECT:AGENDA ITEM 8.R. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
FOURTH AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND
AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO TH E ATLANTIC
PLAZA PROJECT
ITEM BEFORE COMMISSION
Approval of the Fourth Amendment to the Declaration of Reserved Rights and Agreement not to
Encumber N.E. 7 th Avenue regarding the abandonment and relocation of N.E. 7 th Avenue between N.E.
1 st Street and East Atlantic Avenue to extend the time frame to obtain site plan certification by a perio d
of 180 days.
BACKGROUND
The owner had submitted a request for the abandonme nt and relocation of N.E. 7 th Avenue in order to
accommodate the proposed Atlantic Plaza project. Th e abandonment of N.E. 7 th Avenue has been
concluded, however, if the Developer fails to meet certain time frames the City may require the
reconveyance of N.E. 7 th Avenue.
A quick summary of the time deadlines regarding N.E . 7 th Avenue is as follows:
- provide environmental audit within 180 days of aban donment resolution approval
- must obtain SPRAB approval by 12/1/09
- must obtain site plan certification within 18 month s of SPRAB approval
- must complete construction of underground tunnel un der relocated 7 th Avenue within 3 years of
Site Plan Certification (this is the “no turn back deadline”)
- substantial completion of relocated 7 th avenue within 2 years of the “no turn back deadlin e”
The Developer has met the first two timeframes list ed above. The Developer previously obtained a 6
month extension and two 3 month extensions to obtai n site plan certification. The Developer is
requesting a 180 day extension at this time to obta in site plan certification (see attached
email). Planning and Zoning and Engineering have re viewed this request and do not have any objections
to the requested extension.
RECOMMENDATION
Staff recommends approval of the Fourth Amendment to the Declaration of Reserved Rights and
Agreement not to Encumber N.E. 7 th Avenue.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:September 12, 2011
SUBJECT:AGENDA ITEM 8.S. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
SPECIAL EVENT REQUEST /44TH ANNUAL ST. PATRICK'S DAY PA RADE & PARTY
ITEM BEFORE COMMISSION
City Commission is requested to approve a request t o conduct the 44 th Annual Saint Patrick’s Day
Parade and Party proposed to be held on Saturday, M arch 17, 2012 beginning with set up at 11:30 a.m.,
parade starting at 2:00 p.m. and ending at approxim ately 4:00 p.m., and event at Old School Square
from 11:00 a.m. to 7:00 p.m., and to grant a tempor ary use permit per LDR’s Section 2.4.6(F) for the
use of Atlantic Avenue from A-1-A to NW 5 th Avenue for the parade and Atlantic from A-1-A to the
bridge with overflow on East Drive to Lowry Street and Gleason if needed for staging of parade
entries. The event producer is also requesting that Atlantic Avenue from NE/SE 5 th Avenue to Swinton
be closed until 6:00 p.m. Commission is also being requested to approve staff support for traffic cont rol
and security, barricading, EMS assistance, use of t he small stage and to allow event signage to be put up
on March 1, 2012.
BACKGROUND
Attached are a special event application, site plan , budget and economic calculator received from Nanc y
Stewart on behalf of the St. Patrick’s Day Events, Inc. The parade will start at 2:00 p.m. and end
approximately 4:00 p.m. Atlantic Avenue from A-1-A to the bridge will be utilized to stage the parad e
entries. We would close these streets by 11:30 a.m . The event producer is also requesting the use of the
Old School Square front lawn, which will be fenced and gated and will have food and beverage vendors
as well as entertainment. The event producer is als o requesting that Atlantic Avenue from NE/SE 5 th
Avenue to Swinton remain closed until 6:00 p.m. whi ch our Police Department has agreed to for this
year only.
Estimated overtime cost for the event is $15,525, b arricade rental costs is $1,050 and the small stage
rental is $530 for a total of $17,105. Per event po licies and procedures, the event sponsor will be
required to pay approximately $13,225, which is 75% of overtime costs and 100% of barricade and
stage rental costs. The parade will end on NW 5 th Avenue.
RECOMMENDATION
Staff recommends approval of the event request, the temporary use permit and providing staff support
as requested contingent on the receipt of the follo wing:
Certificate of Liability Insurance and Alcohol Liab ility Insurance by March 7, 2012.
A copy of a temporary liquor license by March 14, 2 012.
A copy of a signed agreement with Old School Square by March 2, 2012.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:September 14, 2011
SUBJECT:AGENDA ITEM 8.T. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
SPECIAL EVENT REQUEST/FREE FRIDAY NIGHT CONCERTS
ITEM BEFORE COMMISSION
Commission is requested to endorse the “Free Friday Night Concert” produced by Old School Square
proposed to be held on October 14, 2011 from 7:00 p .m. – 11:00 p.m., on the grounds of Old School
Square and in part of Old School Square Park, and a uthorize staff support for security, fire inspector ,
electrician, event signage and trash boxes.
BACKGROUND
Attached are a letter, special event permit applica tion, budget, site plan and economic calculator for the
“Free Friday Night Concerts” received from Joe Gillie, President of Old School S quare. Although the
request includes Friday night concerts through Dece mber 30, 2011, the only one needing event approval
is the October 14, 2011 concert due to the addition of food vendors.
Old School Square will be responsible for event man agement and site cleanup. The City will provide
site security, a Fire Inspector for the food vendor s and an electrician. Old School Square has also
requested use of two (2) sections of the Old School Square Park. This use would be handled as a site
rental unless the charge is waived by City Commissi on. This cost estimate is $200.00. Future concerts
will be held on the Old School Square Pavilion grou nds only and will be manned by off duty police
officers at the detail rate as we do for Circle on the Square.
The estimated overtime cost is $1,670, trash boxes are $87.50, signage is $250 and park rental $200. P er
the Special Event Policies and Procedures, Old Scho ol Square is requested to pay 35% of overtime costs
and 100% of the trash boxes, signage and park renta l for an estimate total of $1,122.50: $585 for
overtime, $87.50 for trash boxes, $250 for signage and $200 for park rental.
RECOMMENDATION
Staff recommends endorsement and approval of the ev ent, staff support as requested, trash boxes and
signage contingent on the following:
1.Receipt of Certification of Event Liability and A lcohol Liability Insurance by October 7, 2011.
2.Receipt of Hold Harmless Agreement by October 7, 2011
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:September 14, 2011
SUBJECT:AGENDA ITEM 8.U. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
SPECIAL EVENT REQUEST/ON THE AVE
ITEM BEFORE COMMISSION
City Commission is requested to endorse the next “O n the Ave” scheduled for October 6, 2011 from
6:30 p.m. to 10:30 p.m., to grant a temporary use p ermit per LDR Section 2.4.6(F) for the closure of
Atlantic Avenue from Swinton to the west side of NE /SE 6 th Avenue, Railroad Avenue from Atlantic
north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1 st
Avenue, NE/SE 2 nd Avenue, SE 3 rd Avenue, NE/SE 4 th Avenue and to authorize staff support for
security and traffic control, EMS assistance and fi re inspection, banner hanging and removal, event
signage, barricade set up and removal, and trash re moval and clean up.
BACKGROUND
Attached are the special event permit request, budg et, site plan, and Arts Economic Prosperity
Calculator for this event received from Sarah Marti n. This event will include the West Atlantic Avenue
Plaza. This event was previously known as Art and J azz on the Avenue. Due to the incorporation of
Centennial activities being added to the event, str eet closure will start at 3:00 p.m. versus 4:00 p.m . and
the event will not start until 6:30 p.m. versus 6:0 0 p.m. The estimated of overtime costs for this eve nt is
$7,105. Cost for the barricade rental is estimated at $150 and signage is $250. Based on the Special
Event Policies and Procedures, the Delray Beach Mar keting Cooperative is to pay the City 35% for all
overtime costs plus 100% of the cost for barricade rental and signage. The estimated total charge to t he
DMC for this event is $2,885: $2,485 for overtime a nd $400 for barricade rental and signage. City cost s
may increase if more staff assistance is needed for the added set up for the Centennial activities.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permits and street closures,
staff support as requested, including barricades an d signage with payment of costs to the City per the
Special Event Policies and Procedures.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:September 15, 2011
SUBJECT:AGENDA ITEM 8.V. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
ITEM BEFORE COMMISSION
The action requested of the City Commission is revi ew of appealable actions which were taken by
various Boards during the period of September 6, 20 11 through September 16, 2011.
BACKGROUND
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed to the City Commissio n. After this meeting, the appeal period shall
expire (unless the 10 day appeal period has not occ urred). Section 2.4.7(E), Appeals, of the LDRs
applies. In summary, it provides that the City Comm ission hears appeals of actions taken by an
approving Board. It also provides that the City Com mission may file an appeal. To do so:
· The item must be raised by a Commission member.
· By motion, an action must be taken to place the ite m on the next meeting agenda of the Commission
as an appealed item.
REVIEW BY OTHERS
Site Plan Review and Appearance Board Meeting of Se ptember 14, 2011
A.
Approved (6 to 0, Roger DeCapito absent), a reques t for a color change for Verano at Delray
Condominiums , an existing multi-family residential development, located on the sout h side of Linton
Boulevard at Palm Cove Boulevard.
B. Approved (5 to 1 Rusty Kupi dissenting), a request for a color change for the Delray Beach
Police Department , located at the southeast corner of West Atlantic Avenue and SW 4 th Avenue.
C. Approved (4 to 2, Shannon Dawson and Rusty Kupi dis senting), a Class I site plan modification
associated with architectural elevation changes whi ch involve entry doors and borders for The Outback
Steakhouse , located at the southwest corner of Linton Bouleva rd and Waterford Place.
D. Approved with conditions (6 to 0), a Class II site plan modification associated with landscaping
changes, exterior façade modification and interior renovations for Sushi Restaurant at Worthing Place,
located at the southwest corner of East Atlantic Av enue and SE 2 nd Avenue.
E. Approved with conditions (6 to 0), a Class I site p lan modification associated with architectural
elevation changes which involve the addition of an awning and bi-fold doors for a new tenant for Park
Tavern at Worthing Place, located at the southwest corner of East Atlantic Avenue and SE 2 nd
Avenue.
F. Approved with conditions (6 to 0), a Class III site plan modification, landscape plan and
architectural elevation plan associated with the co nstruction of a one-story pre-engineered metal
building for the First Presbyterian Church - The Holly House , located south of East Atlantic Avenue,
between Gleason Street and Bronson Avenue.
G. Approved with conditions (6 to 0), a Class V site p lan, landscape plan and architectural elevation
plan associated with the construction of a 3-story mixed-use (retail/office/ residential) building for The
Boueri Mixed Use Building , located at the southeast corner of SE 1 st Street and SE 1 st
Avenue. Concurrently, the Board approved on a 6 to 0 vote, the following waivers:
Waiver#1 : Waiver to LDR Section 4.4.13(F) (3) and (4) to al low:
A long SE 1 st Avenue for a height from finished grade to 25 ’:
· An increase in the required building frontag e setback at 10’ or less from a minimum of 64.8’ to 67’;
· A decrease in the remaining length of the bu ilding frontage setback at 15’ or more from 7.2’ to 5’
Along SE 1 st Avenue for a height from 25 ’ to 48 ’:
· A decrease in the required building frontag e setback at 15’ minimum from 50.4’ to 31’.
Waiver #2: Waiver to LDR Section 4.4.13(F) (3) and (4) to allo w:
Along SE 1st Street for a height from finished grad e to 25 ’
· A decrease in the required building frontage setback at 10’ or less from a minimum of 86.1’ to 44’.
· A decrease in the remaining length of the building frontage at 15’ or more from 12.3’ to 5’.
Along SE 1st Street for a height from 25 ’ to 48 ’
· A decrease in the required building frontag e setback at 15’ minimum from 86.1’ to 31’.
Waiver #3 : Waiver to LDR Section 4.6.18 (B)(14)(iv)(2), to red uce the building ground floor elevation
transparency along SE 1 st Avenue to be less than the required 75% but greate r than 52% and along SE
1 st Street from the required 75% to 43%.
Waiver #4: Waiver to LDR Section 5.3.1(D)(3), to reduce the re quired corner clip triangle at the
intersection of SE 1 st Avenue and SE 1 st Street from 20’ to 11’.
Waiver #5 Waiver to LDR Section 6.1.3(B) to allow the reduct ion from 8'-0" to 5’-0” wide for the
required sidewalk along SE 1 st Street.
Waiver #6: Waiver to LDR Section 6.1.3(B) to allow the reduc tion from 8'-0" to 5’-0” wide for the
required sidewalk along SE 1 st Avenue.
Historic Preservation Board Meeting of September 7, 2011
1. Approved with conditions (5 to 0, Iris McDonald abs ent), a request for a Certificate of
Appropriateness for additions and alterations to a contributing structure located at 214 NW 2 nd Street
(Martin Luther King Jr. Drive). Concurrently, the Board approved two variances re ducing the side
interior setback (east) from the required 7’6” to 3 ’; and reducing the side interior setback (west) from
the required 7’6” to 5’2”.
RECOMMENDATION
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Victor Majtenyi; Deputy Director of Public Uti lities
Richard C. Hasko, P.E.; Director of Environmental S ervices Department
THROUGH:David Harden; City Manager
DATE:September 9, 2011
SUBJECT:AGENDA ITEM 8.W.1 - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
BID AWARD/INTERCOUNTY ENGINEERING, INC.
ITEM BEFORE COMMISSION
Approve a bid award to Intercounty Engineering, Inc . in the amount of $285,475.00 for construction of
the Lowson Boulevard Force Main Replacement project , PN 2011-040.
BACKGROUND
On September 1 , 2011, bids were opened for the Lowson Boulevard F orce Main replacement project
with Intercounty Engineering, Inc. as the lowest re sponsive bidder. The area of work is along the sout h
side of Lowson Blvd, from just west of Homewood Blv d to Congress Ave on the east. The scope of
work consists of replacing approximately 1,700 feet of pipe, with associated clearing and grubbing,
dewatering, by-pass pumping, maintenance of traffic, service conne ctions, and all restoration work for a
complete, operating force main system.
Prequalification by the City in the category of “Un derground” work was a requirement for this bid. The
low bidder, Intercounty Engineering, meets the preq ualification requirement and has an outstanding
performance record with the City of Delray Beach.
Bid tabulation and location map attached hereto for your reference.
FUNDING SOURCE
Funding is from account 442-5178-536-68.74, Water & Sewer Renewal and Replacement Fund/L owson
Blvd Force Main in the amount of $285,475.00.
RECOMMENDATION
Staff recommends approval of a bid award to Interco unty Engineering, Inc. in the amount of
$285,475.00 for construction of the Lowson Boulevar d Force Main Replacement project, P/N 2011-040.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Pape, AICP, FCP, Senior Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:September 12, 2011
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
WAIVER REQUEST/HYATT PLACE
ITEM BEFORE COMMISSION
The action requested of the City Commission is cons ideration of waivers from the following Land
Development Regulations associated with a Class III site plan modification for the Hyatt Place project :
1. A waiver to LDR Section 4.3.3(V)(2)(a ), which requires that not more than one stand-alone
bar be located within any one block, nor within sev en hundred and fifty (750) feet of another stand-
alone bar measured from lot line to lot line in a s traight line.
2. A waiver to LDR Section 4.3.3(V)(2)(c)(1), which al lows a written request to establish a
stand-alone bar to be valid for a period not to exceed 6 months. This waiver would allow an extension
of the time frame to 60 days after certificate of o ccupancy of the hotel or approximately December,
2012.
BACKGROUND
At its meeting of April 6, 2011, the Historic Prese rvation Board considered and approved a Class IV si te
plan modification to construct a 134-room hotel along Pineapple Grove Way that contains 2,100 square
feet of retail, a 1,666 square feet hotel lounge, m eeting rooms, café, pool, and gym, a two-story parking
facility, along with a 45-space parking lot along N E 1 st Avenue as part of Phase I. Phase II of the
development proposal consists of the construction o f a 15,918 square foot two-story office
building. Phase I of this project is currently unde r construction and is estimated to be completed by the
fall of 2012.
Subsequent to this approval, the applicant has subm itted a Class III site plan modification to convert the
2,100 square feet of retail space to a 1,950 square foot stand-alone bar. The applicant has also submitted
waivers from the LDRs to locate the bar within 750 feet of another existing stand-alone bar (Pineapple
Groove) and to exceed the maximum of 6 months for a written request for a stand alone bar to be valid.
WAIVER ANALYSIS:
Pursuant to LDR Section 2.4.7(B)(5), prior to grant ing a waiver, the approving body shall make a
finding that the granting of the waiver:
(a) Shall not adversely affect the neighbori ng area;
(b) Shall not significantly diminish the pro vision of public facilities;
(c) Shall not create an unsafe situation; an d
(d) Does not result in the grant of a specia l privilege in that the same waiver would be grante d under
similar circumstances on other property for another applicant or owner.
Prohibition by Frequency:
Not more than one stand-alone bar shall be located within any one block, no r within 750 feet of another
stand-alone bar measured from lot line to lot line in a s traight line. The LDRs require that the distance be
measured in a straight line from property line to p roperty line. The closest point of the Hyatt Place
property and the nearest legally established bar (P ineapple Groove) is approximately 557 feet. However ,
the minimum separation requirement of 750 feet is m et if the distance is measured from the Pineapple
Groove property to the entrance door of the propose d Hyatt Place bar.
The applicant has submitted the following verbatim narrative in support of the waiver:
“…This waiver request is to measure the distance from the property corner of an existing stand alone
bar to the entrance of a proposed stand alone bar f or the purpose of measuring the 750 foot bar
separation. The reason for requesting this modifica tion to the measurement method is because the bar
will be within a portion of an overall project and not associated with the primary development. The
project has a “for lease” retail space at the north east corner of the proper ty which will house the stand
alone bar.
The situation is a unique situation in so much as t he overall property will have one “for lease” space
within the N.E. portion of the building which will not be operated by the primary use of the property and
therefore the retail space should be evaluated as a secondary parcel within the primary parcel which
will require the waiver to address this unique situ ation.
The waiver:
Ø Will not adversely affect the neighboring area beca use the site is 750 feet form any other stand alone
bar.
Ø Will not significantly diminish the provision of pu blic facilities since the site is internal to the b uilding
and parking is provided within the calculations for the overall project.
Ø Will not create an unsafe situation because all pro posed improvements will be within the building and
constructed to the current code requirements.
Ø Will 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. A similar waiver has been
previously granted for the project known as “The Last Resort Saloon” in the Pelican Harbor Shop s…”
Waiver Analysis:
As the applicant notes in the justification, the Ci ty has approved similar waivers such the Last Resor t
Saloon and The Back Room. However, the proposed sta nd alone bar is different since the actual tenant
space of the bar is located within 750 feet of Pine apple Groove. In the other two examples, the bars w ere
greater than the minimum distance requirement and o nly the shopping plazas they were located in were
within 750 feet. This is the first case where the b ars, themselves, are within 750 feet. It is noted t hat the
door to the proposed bar is located more than750 fe et from Pineapple Groove, which could be
considered justification for supporting the waiver. The purpose of the separation requirement was to
prevent a concentration of stand-alone bars. The two bars in question are separated by the FEC Railroad,
Ascot, and Ocean City Lumber and are not located al ong the same street. Thus, the location of the
proposed bar would not perceptually give the impres sion of an overabundance of stand-alone bars.
Expirations:
Per LDR Section 4.3.3(V)(2)(c)(1), a business seeki ng to establish a stand along bar needs to submit a
request to the Planning and Zoning Department. This request is dated and time stamped upon receipt and
is valid for six month.
Waiver Analysis:
The applicant has provided the following verbatim j ustification with regard to the waiver request:
“…In this particular case the time limits are not a cceptable [sic do not work] since the building has not
yet been constructed. It is important to receive ap proval for the stand alone bar prior to constructio n
because the retail space must have certain improvem ents designed into the plans related to ventilation ,
cooling, plumbing, and electrical loads so that the y may be installed during the construction of the
building. Considerable time, effort, and money must be invested to properly construct the stand alone
bar within the retail space in the Hyatt Place Hote l. The construction of the hotel is proposed to
commence in July or August of this year. The constr uction of the building is proposed to be completed
by September of 2012. It will take an additional 60 days to complete the stand alone bar once the hote l
receives the Certificate of Occupancy. This waiver request is to extend the validity dates to 60 days from
the issuance of Certificate of Occupancy for the Hy att Place Hotel to insure that the stand alone bar will
be permitted upon completion of construction.
The situation is a unique situation in so much as t he overall property will need to be constructed in
order to build out the one “for lease” space within the N.E. portion of the building. Cons iderable
planning and the inclusion of certain improvements must be done in conjunction with the construction o f
the hotel. If the improvements are not done at the time of construction, retrofitting the space with t he
equipment will be prohibitive from a cost and logis tics point of view. Therefore, in order to insure t hat
the stand alone bar will be able to be constructed and operated within the retail space of the Hyatt P lace
Hotel, the waiver of the time limits must be grante d to address this unique situation.
The waiver:
Ø Will not adversely affect the neighboring area beca use the stand alone bar is within the limits of an
approved site plan and building.
Ø Will not significantly diminish the provision of pu blic facilities since the site is internal to the b uilding
and parking is provided within the calculations for the overall project.
Ø Will not create an unsafe situation because all pro posed improvements will be within the building and
constructed to the current code requirements.
Ø Will 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 City, through adoption of
LDR Section 2.4.7(B), has consistently recognized t hat waivers are a viable tool to assist in the orde rly
development of parcels in the City. As such, approv al of this specific waiver request will not grant t he
developer or the Project a special privilege…”
These requirements were created in response to the anticipation of an influx of requests and that a “f irst-
come first-served” system would be needed. This system was envisioned for bars that would occupy
existing buildings. However, in the case of Hyatt P lace, the project is currently under construction a nd
would need a greater period of time before the subj ect tenant space could be occupied. Thus, it would be
reasonable to grant this waiver if the separation w aiver is approved. It could also be argued that a
special privilege would be granted since the waiver would prevent any competing business from the
area for a greater period of time than is normally allowed.
RECOMMENDATION
City Commission Discretion
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR HYATT PLACE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver requests regarding the Hyatt Place project have come before
the City Commission on September 20, 2011.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the Project. All
of the evidence is a part of the record in this case.
3. Waivers. 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; and
(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.
4. Minimum Separation Distance Between Stand-Alone Bars. Per LDR
Section 4.3.3(V)(2)(a), not more than one stand-alone bar shall be located within any
one block, nor within seven hundred and fifty (750) feet of another stand-alone bar
measured from lot line to lot line in a straight line. The closest point of the Hyatt Place
property and the nearest legally established bar (Pineapple Groove) is approximately
557 feet.
Should a waiver to Section 4.3.3(V)(2)(a) be granted to modify the
minimum separation distance between stand-alone bars?
Yes_______ No _________
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..
5. Limitations on Stand-Alone Bar Site Reservations. LOR Section
4.3.3(V)(2)(c)(1) allows a written request to establish a stand-alone bar to be valid for a
period not to exceed 6 months. This waiver would allow an extension of the time frame
to 60 days after the certificate of occupancy of the hotel is granted ..
Should a waiver to Section 4.3.3(V)(2)(c)(1) be granted?
yes_______ No _______
6 The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original site plan was submitted.
7. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses which supports the findings set forth in this Order.
8. Based on the entire record before it, the City Commission approves __
denies __ the waiver requests and hereby adopts this Order this 20th day of
September, 2011, by a vote of __ in favor and __opposed.
ATTEST: Nelson S. McDuffie, Mayor
Chevelle Nubin, City Clerk
2