07-20-04 Agenda RegCity of Delray Beach
Regular Commission Meeting
Tuesday. _luly 20. 2004
Regular Meeting 6:00 p.m.
Public Hearings ?:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NVd 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES POR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests 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 thc amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Comments and Inquiries on Non-Agenda Items from thc Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at thc discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SION IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURE~
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
2.
3.
4.
5.
ROI.I. C~I .L
INVOCATION.
PLEDGE OF A!.I.~.GIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
July 6, 2004 - Rega,lnr Meeting
July 13, 2004 - Special Meeting
PROCLAMATIONS:
Recognizing and commending Emie Simon
Recognizing and commending Delmy Medical Center
PRESENTATIONS:
· NONE
CONSENT AGEND~ City Manager Recommends Approval.
FINAL SUBDMSION PLAT APPROVAL/BERMUDA GARDEN ESTATES
PLAT: Approve the subdivision plat for Bermuda Garden Estates Plat, a two (2) lot
residential subdivision, located on the southwest comer of South Ocean Boulevard and
Bermuda Gardens Road.
RESOLUTION NO. $%04: Approve Resolution No. 57-04 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
2655 Dorson Way.
RESOLUTION NO. 58-04: Approve Resolution No. 58-04 assessing costs for
abatement action required to remove nuisances on four (4) properties throughout the
City.
Do
RESOLUTION NO. 59-04: Approve Resolution No. 59-04 assessing costs for action
necessary to remove junked and/or abandoned vehicles from three (3) properties
throughout the City.
SERVICE AUTHORIZATION/CATHERINE STRONG PARK/TETRA
TECH WHS. INC.: Approve Service Authorization No. P-01 to Tetra Tech, Inc. in
the amount of $160,321.00 for the detail design of the Catherine Strong Park Project.
Funding is available from 334-4183-572-63.90 (General Construction Fund/Other
Improvements/Catherine Strong) and 380-4150-572-62.59 (2004 G.O. Bond/Catherine
Strong Center).
07-20-2004
SERVICE AUTHORIZATION NO. 04-02/ARCADIS/LNW: Approve Service
Authorization No. 04-02 to Arcadis/LNW in the amount of $20,990.00 for the U.S. 1
and Tropic Boulevard Signalization Design Project. Funding is available from 334-3162-
541-65.68 (General Construction Fund/US 1 at Tropic Boulevard).
CHANGE ORDER NO. 2/FINAL PAYMENT/T.L.C. DIVERSIFIED. INC.:
Approve Change Order No. 2 in the amount of $506.70, and final payment in the
amount of $28,058.29 to T.L.C. Diversified, Inc. for completion of the Rehabilitation
Project for Lift Stations 19, 57, and 80. Funding is available from 442-5178-536-61.83
(Lift Station Conversion to Submer~xble).
RESCIND CONTRACT AWARD/CHANGE ORDER NO. 1/FINAL
PAYMENT/ENGINEERED ENVIRONMENTS. INC.: Rescind the contract
award to Engineered Environments, Inc. for the Beach Lifeguard Towers, Phase II
Project and approve Change Order No. 1 in the amount of a $100,786.00 decrease, and
final payment in the amount of $3,918.00 to Engineered Environments, Inc. for project
dose-out expenses. Funding is available from 334-6112-519-62.14 (General
Construction Fund/Lifeguard Towers) and 115-0000-248-80.00 (Special Projects
Funds).
AGREEMENT/AOUATEC SYSTEMS/LEON WEEKS PARK HABITAT
MANAGEMENT: Approve an agreement between the City of Delray Beach and
Aquatec Systems in the amount of $50,698.45 for the offsite mitigation for Heritage
Park in the Leon Weeks preserve. The Heritage Park developer has funded $47,032.00
and the balance of $3,666.45 will be funded by the City. Funding is available from 119-
4151-572-60.69 (Beautification Trust Fund/Improvements/Other).
PARKING REOUEST/JOHN HOCK ENTERPRISES: Approve a request from
John Hock Enterprises to prepay in full for the utilization of six (6) parking spaces in
the Sandoway Lot to accommodate employee parking during the construction of a
home at 1108 Coconut Row. The request is to use the spaces Monday through Friday
commencing on or about July 21, 2004 through January, 2005 for a total of 135 days at
a rate of $36.00 per day for a total of $4,860.00.
CHANGE ORDER NO. 3/REED LANDSCAPING. INC.: Approve Change
Order No. 3 in an increase amount of $19,819.55 from the previous change order, but
resulting in a net decrease amount of $48,850.97 from the original contract to Reed
Landscaping, Inc. for completion of the Lake Ida Road Beautification Project. Funding
is available from 119-41S1-572-63.20 (Beautification Trust
Fund/Landscaping/Beautification).
ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and accept a
hold harmless agreement between the City and Gloria Irish to allow the installation of
brick pavers within a public utility easement.
07-20-2004
SPECIAL EVENT REOUEST/HOWARD ALAN 10TH ANNUAL DELRAY
BEACH t~RAFr FESTIVAL: Approve a special event request for the 104 annual
Dekay Beach Craft Festival sponsored by Howard Ahn Events, Ltd. to be held from
10:00 a.m. until 5:00 p.m. on September 18 and September 19, 2004, granting a
temporary use permit per LDR Section 2.3.60t) for the closure of S.E. 4th Avenue, two
blocks south of Atlantic Avenue, and the Vittorio's parking lot for vendor parking, and
authorize staff support for police security with the sponsor paying all overtime costs;
contingent upon receipt of certificate of liability insurance.
SPECIAL EVENT REOUEST FOR 5TM ANNUAL DELRAY BEA(:H
THANKSGMNG ART FAIR: Approve a specmi event request for the 5~ Annual
Delray Beach Thanksgiving Art Fair to be held on November 27 and November 28,
2004 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section
2.3.601) for the closure of N.E. 2na Avenue, from the alley just north of Atlantic to
N.E. 44 Street, and to authorize staff support for traffic control and security with
sponsor paying all overtime costs; contingent upon receipt of certificate of liability
insurance.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 6, 2004 through July 16, 2004.
AWARD OF BIDS AND CONTRACTS:
Purchase award to Otto Industries Systems in the mount of $18,373.00 for the
purchase of garbage carts with lids as a sole source purchase. Funding is
available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement).
Contract award to Caler, Donten, Levine, Dmker, Porter & Veil, P.A. for
professional audit services for FY 2004 in the mount of $94,100.00; FY 2005 in
the amount of $96,900.00; and FY 2006 in the amount of $99,800.00. Funding
is available from various depaia~ental operating budgets.
Contract award to Rosso Paving & Drainage, Inc. in the amount of $248,160.00
for the Plumosa Park Improvements Project. Funding is available from 334-
6111-572-65.79 (General Construction Fund/Plumosa).
Contract award to Char Equipment in the mount of $65,430.00 via Annual
Contract No. 2002-37 for wet well lining and interior/exterior piping
modifications for Lift Station 50. Funding is available from 441-5144-536-46.90
(Water/Sewer/Repair/Maintenance Cost).
Contract award to Murray Logan Construction, Inc. in the amount of
$20,400.00 via Palm Beach County Term Contract No. 02069B for mechanical
rehal~flitation of Lift Stations 35B, 21, and 92A. Funding is available from 441-
5144-536-46.20 (Water/Sewer/Equipment Maintenance).
07-20-2004
REGULAR AGENDA:
REOUEST FOR IN-LIEU PARKING SPACES/CHRISTINA'S
RESTAURANT: Consider a request from Christina's Restaurant for the purchase of
four (4) in-lieu parking spaces in the amount of $24,000.00. Christina's Restaurant is
located at 65 N.E. 2"a Avenue (Ocean City Lumber Complex). (Quasi-Jndicial
Hear/~g)
REOUEST TO REDUCE LIENS/SOOKHOO: Consider a request from Mr.
Adesh R. Sookhoo to waive the interest and administrative fees totaling $4,176.75
assessed for abating nuisances on property located at 1119 N.W. 1" Street. Mr.
Sookhoo is prepared to pay the City's out-of-pocket expenses in the amount of
$3,568.19. Staff recommends denial.
CHILDREN'S SERVICES COUNCIL/MEMORANDUM OF AGREEMENT
AND SUBCONTRACTS/COMMUNITY CHILD CARE
CENTER/CHILDREN CASE MANAGEMENT ORGANIZATION: Consider
approval of a Memorandum of Agreement between the City of Dekay Beach and
Children's Services Council (CSC) in the amount of $931,676.00 in support of the
Beacon Center Services at Village Academy Elementary School and Subcontracts
between the City and the Community Child Care Center and the Children Case
Management Organization for carrying out services at the Beacon Center.
AMENDMENT NO. 1 AND AMENDMENT NO. 2/INTERLOCAL
AGREEMENT/PALM BEACH COUNTY: Consider approval of Amendment
No. 1 and Amendment No. 2 to the Intedocal Agreement between the City of Dekay
Beach and Palm Beach County to provide for an equitable sharing of the local gas tax
revenue in the event of either the future creation of a new municipality or the future
dissolution of a municipality in Palm Beach County.
PROPOSED MII.I.&GE RATE: Consider approval of a proposed millage rate for
FY 2005, and set the budget review and adoption schedule.
PENSION MULTIPLIER INCREASE FOR RETIRED POLICE OFFICERS
AND FIREFIGHTERS IN THE DEFERRED RETIREMENT OPTION
PLAN .(DROP): Consider a request from retirees in the Deferred Retirement Option
Plan (DROP) to be allowed to purchase the increase in pension multiplier from 3% to 3
1/2% which was approved for Pohce Officers and Fkefighters earlier this year.
REFERENDUM BA! .I.OT OUESTIONS/REMOVING DEED
RESTRICTIONS: Consider approval of the revised ballot wording for the
Referendum Special Election to be held on November 2, 2004 regarding removing the
deed restrictions on Block 52 ~Tennis); and on the North 48 feet of Lot 15, Block 101
(Library) and provide direction regarding advertising in Creole as well as Spanish and
English.
H. BEXLEY PARK ISSUES: Bexley Park update and/or authorization to take action.
07-20-2004
10.
11.
RATIFICATION QF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the reappo'mtments of Ronald
Radabaugh as the Chamber of Commerce representative and Richard Sheremeta as the
Downto~vn Development Authority representative on the Parking Management Advisory
Board for terms ending August 1, 2006.
CONTRACT AWARDS/CHEMICALS AND FERTILIZERS: Consider approval
of multiple contract awards, for the purchase of chemicals and fertilizers, via the Co-op
Bid //2004-10 at an estimated annual cost of $212,380.00. Funding from Parks and
Recreation Operating Budget in the estimated amount of $102,380.00 and from the
Delray Beach Municipal Golf Course and Lakeview Golf Course operating budgets in
the estimated amount $110,000.00. FY 2004/2005.
PUBLIC HEARINGS:
ORDINANCE NO. 32-04: Privately initiated small scale Future Land Use Map
(FLUM) Amendment from CF-R (Community Facilities-Recreation) to CC
(Commercial Core) and rezoning from CF (Community Facilities) to CBD (Central
Business District) for a 2.42 acre parcel of land to be known as The Strand, bordered by
S.E. 1st Street on the north, S.E. 2nd Street on the south, S.E. 3~° Avenue on the east, and
the Florida East Coast (F.E.C.) Railway on the west. (Qnasi-JndicialHeating)
RESOLUTION NO. 55-04: Consider approval of a resolution adopting the final
assessment roll, Pineapple Grove Way Special Assessment District.
RESOLUTION NO. 56-04: A resolution establishing a budget for the Stormwater
Utility System, establishing the rates for FY 2005 Stormwater Management
Assessments, and certifying and adopting the Stormwater Assessment Roll.
ORDINANCE NO. 37-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Ordinance No. 13-04, Section 4, "Duration of
Moratorium/Extension of Moratorium" to extend the moratorium on Adult Arcade
Establishments for ninety (90) days. (Quasi-JndicialHeadag)
ORDINANCE NO. 34-04: An ordinance amending the Land Development
Regulations Section 4.3.3(P), "Satellite Dish-Satellite Television Antenna", to provide
updated regulations for Satellite Dishes and Antennas. (Pos~o~ed due to [urthet
~dvertising)
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.
07-20-2004
12. FIRST READINGS:
ORDINANCE NO. 45-04: An ordinance amending Chapter 111, "Advertising", by
repealing Chapter Ill in its entirety and amen&Lng Chapter 118 "Solicitors and
Peddlers", by repealing Chapter 118 in its entirety and enacting a new Chapter 118
"Solicitors and Peddlers", to provide an updated code including new provisions on the
vending of products from motor vehicles. If passed, a public hearing will be scheduled
for August 3, 2004.
! 3. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY t6, 2004
07-20-2004
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
REGULAR MEETING - TUESDAY~ JULY 20~ 2004
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
8. CONSENT AGENDA
P. AWARD OF BIDS AND CONTRACTS:
P.6 Purchase award to Tuppen's Marine in the amount of $19,946.50 for the purchase of two
(2) Yamaha motors for the Police Department's Marine Patrol boat. Funding is available
from 501-3312-591-64.20 (Capital Garage Fund/Vehicle).
Please be advised that if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
JULY 6~ 2004
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, July 6, 2004.
1_. Roll call showed:
Present-
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were -
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Terrill Pybum, Assistant City Attorney
Chevelle D. Nubin, Acting City Clerk
2_. The opening prayer was delivered by Pastor Jean Lyonel with Light of
Hope Tabernacle Church.
given.
The Pledge of Allegiance to the flag of the United States of America was
AGENDA APPROVAL.
Mr. Levinson requested to move Item 8.J.l., Award of Bids and
Contracts from the Consent Agenda to the Regular Agenda as Item 9.A. 1.
Ms. McCarthy moved to approve the Agenda as amended, seconded by
Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
APPROVAL OF MINUTES:
Mr. Costin moved to approve the Minutes of the Regular Meeting of June
22, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
PROCLAMATIONS:
6.A. Recognizing and commending Lula Butler~ Director of Communi ,ty
Improvement - Florida League of Cities "Florida Cities of Excellence" City
Employee of the Year Award
Mayor Perlman read and presented a proclamation commending and
honoring Lula Butler in recognition of winning the 2004 "Florida League of Cities of
Excellence" City Employee of the Year Award and her many accomplishments and years
of dedicated service to the City of Delray Beach. In addition, Mayor Perlman presented
Mrs. Butler with a framed picture to commemorate the evening.
Lula Bntl~, Director of Community Improvement, thanked the City
Commission for their support and allowing her to serve the community.
PRESENTATIONS:
None.
CONSENT AGENDA: City Manager Recommends Approval.
FINAL BOUNDARY PLAT APPROVAL/NIETO PARK PLAT:
Approve the subdivision plat for the Nieto Park Plat located on the north side of the 300
Block of S.W. 3ra Street.
8.B. SERVICE AUTHORIZATION NO 10.1: Approve Service
Authorization No. 10.1 to CH2M Hill, Inc. in the amount of $17,532.00 for additional
services in conjunction with the N.W./S.W. 5th Avenue Beautification Project. Funding
is available from 334-4141-572-65.83 (General Construction
Fund/BeautificationfN.W./S.W. 5th Avenue).
8oCo
SERVICE AUTHORIZATION NO. 1/CORNELL PARK/ROBERT
WALTERS ARCHITECTS~ INC.: Approve Service Authorization No. 1 to Robert
Walters Architects, Inc. in the amount of $27,000.00 for consulting services for the
development of Cornell Park to include site survey, master planning, stakeholder
consensus building, preliminary and final sight plan development and engineering.
Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Comell Park).
8.D. PURCHASE ORDER INCREASE/LIQUID CHLORINE: Approve an
increase of $55,000.00 to blanket purchase order #614892, Jones Chemicals, Inc., for thc
purchase of liquid chlorine for the Water Treatment Plant. Funding is available from
441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
8.E. FDOT UTILITY PERMIT & HOLD HARMLESS
AGREEMENT/Il07 SOUTH OCEAN BOULEVARD: Authorize the City to act as
the utility permit applicant for a water service connection within the state fight-of-way
(located at 1107 South Ocean Boulevard) and approve a Hold Harmless Agreement with
-2-
07/06/04
the developer (Mark Timothy, Inc.).
8.F. FDOT UTILITY
PERMIT & HOLD HARMLESS
AGREEMENT/602 NORTH OCEAN BOULEVARD: Authorize the City to act as
the utility permit applicant for a water service connection within the state right-of-way
(located at 602 North Ocean Boulevard) and approve a Hold Harmless Agreement with
the developer (Michael E. Neuman).
8.G. RESOLUTION NO. 52-04: Approve a resolution supporting a
referendum to be held on November 2, 2004 for the levy of a half-cent sales tax by the
School Board of Palm Beach County for the purpose of financing a comprehensive plan
to construct and renovate public schools countywide.
The caption of Resolution No. 52-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA, SUPPORTING A
REFERENDUM TO BE HELD ON NOVEMBER 2,
2004 FOR THE LEVY OF A DISCRETIONARY
HALF CENT SALES TAX BY THE SCHOOL
BOARD OF PALM BEACH COUNTY FOR THE
PURPOSE OF FINANCING A COMPREHENSIVE
PLAN TO CONSTRUCT AND RENOVATE PUBLIC
SCHOOLS COUNTYWIDE.
(The official copy of Resolution No. 52-04 is on file in the City Clerk's
office.)
amendment to
to $50,000.00.
RESOLUTION NO. 54-04: Approve a resolution opposing an
the Florida Constitution that would raise Florida's Homestead Exemption
The caption of Resolution No. 54-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
OPPOSING THE AMENDMENT TO THE FLORIDA
CONSTITUTION THAT WOULD RAISE
FLORIDA'S HOMESTEAD EXEMPTION TO
$50,000.00.
(The official copy of Resolution No. 54-04 is on file in the City Clerk's
office.)
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS:
Accept the actions and decisions made by the Land Development Boards
-3-
07/06/04
for the period June 21, 2004 through July 2, 2004.
8.J. AWARD OF BIDS AND CONTRACTS:
THIS ITEM HAS BEEN MOVED TO THE REGULAR
AGENDA AS ITEM 9.A.I.
Purchase award to CCG Syste~ns, Inc. in the amount of $62,000.00
for Faster Fleet Management Software for the City Garage.
Funding is available from 334-6112-519-66.10 (General
Construction Fund/Renewal & Replacement/Software).
Mr. Costin moved to approve the Consent Agenda as amended, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes.
Said motion passed with a 5 to 0 vote.
REGULAR AGENDA:
9.A.1. Purchase award to Motorola~ Inc. in the amount of $34~410.00 for
sevent~-two (72) Motorola PMDC Application Software Licenses for electronic
communication for the Police Department. Funding is available from 001-2113-521-
49.90 (General Fund/Police Support/Other Current Charges)
Commissioner Levinson declared a conflict of interest and stepped down
from the dais.
Mrs. Archer moved to approve the Purchase Award to Motorola, Inc. in
the amount of $34,410.00 for seventy-two (72) Motorola PMDC Application Software
Licenses for electronic communication for the Police Department, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with
a 4 to 0 vote.
9.A. CONDITIONAL USE REQUEST/MONUMENT AND
ORNAMENTAL STONE CUTTING FACILITY: Consider a request for conditional
use approval to allow the establishment of a monument and ornamental stone cutting
facility for Granite & Marble Design, located at the northeast comer of Congress Avenue
and Dr. Carol Krol Way (321 North Congress Avenue). (Quasi-JudicialHearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Heating for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
- 4 -
07/06/04
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2004-234 into the record.
Mr. Dorling stated this is a conditional use request to establish a
monument and ornamental stone cutting facility for Granite and Marble Design. On
September 3, 2002, the City Commission approved a conditional use application to
establish a monument and ornamental stone cutting facility within the southern two (2)
bays of the structure for this business. The business has grown and has relocated from
the previously approved bays into the northern four (4) bays of the same building.
At its meeting of June 21, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the conditional use request. The Board voted 6-0
(Krall absent) to recommend that the conditional use request to establish a monument and
ornamental stone cutting facility for Granite and Marble Designs be approved, based
upon positive findings with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive
Plan, subject to the condition that there is no outdoor storage of material and that no
element of the stone cutting business be conducted outside.
Hudson Furtado, who works for Granite and Marble Design, stated the
facility expanded because they needed more room for storage.
Mayor Perlman stated if anyone from the public would like to address the
Commission regarding the conditional use request, to come forward at this time. There
being no one who wished to address the Commission, the public hearing was closed.
Mr. Costin moved to approve the conditional use request for a monument
and ornamental stone cutting facility for Granite and Marble Design subject to the
condition as listed in the Planning and Zoning staff report, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed
with a 5 to 0 vote.
9.B. REQUEST FOR IN-LIEU PARKING SPACES/CHRISTINA'S
RESTAURANT: Consider a request from Christina's Restaurant for the purchase of
four (4) in-lieu parking spaces in the amount of $24,000.00. Christina's Restaurant is
located at 65 N.E. 2nd Avenue (Ocean City Lumber Complex). (Quasi-JudicialHearing)
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
-5-
07/06/04
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-281 into the record.
Mr. Dorling stated Christina's restaurant will be located in the Ocean City
Lumber Complex and involves a conversion of 1,050 square feet of retail space to
restaurant and the creation of an additional 149 square feet of outdoor dining area.
LDR's Section 4.4.13(G)(1) requires the provision of four (4) parking spaces. The Ocean
City Lumber Complex has a surplus of 23 parking spaces and the owner of the property
would like to retain the surplus parking for future development within the complex. The
applicant is requesting the purchase of four (4) in-lieu parking spaces at a cost of $6,000
each, for a total of $24,000.
LDR Section 4.6.9(E)(3) states "if it is impossible or inappropriate to
provide the required number of on-site or off-site parking spaces, the City Commission
may approve the payment of a fee in-lieu of providing the required parking, pursuant to
the following provisions." Considering the development has a 23 space surplus, the
applicant fails to meet the required findings pursuant to LDR Section 4.6.9(E).
At its meeting of June 10, 2004, the Community Redevelopment Agency
supported the proposed expansion but did not support the in-lieu request based on the
surplus of parking currently available. At its meeting of June 23, 2004, the Site Plan
Review and Appearance Board (SPRAB) supported the site plan modification
unanimously as well as a 4-1 vote supporting the in-lieu parking request. Staff
recommends denial of the in-lieu request.
Mr. Costin asked if the applicant was aware that this item would be on the
agenda this evening. In response, Mr. Dorling stated Scott Aronson, Parking
Management Specialist spoke with Cecilia Boone, a representative from Ocean City
Lumber regarding this item.
Mayor Perlman inquired about the expansion. Mr. Doffing stated the
applicant is requesting to expand both the indoor and outdoor area. The City Attorney
stated the issue only pertains to the in-lieu parking fees for the expansion.
Brief discussion by the Commission followed.
Mr. Costin moved to approve to table the request for in-lieu parking
spaces to the City Commission meeting of July 20, 2004, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed
with a 5 to 0 vote.
Mr. Levinson stated he would like to ensure that the applicant receives
adequate notice that this item will be on the July 20, 2004 agenda.
-6-
07/06/04
9.C. DELINQUENT FEES/AMERICAN LEGION/THE CARING
KITCHEN: Consider a request to waive delinquent Solid Waste Authority Disposal
Assessment Fees in thc amount of $11,480.97 for the American Legion and The Caring
Kitchen.
Joseph Safford, Finance Director, stated the City owns property at 808
N.W. 2na Street and has entered into a long-term lease agreement with the American
Legion. In 1996, the American Legion subleased their space to The Caring Kitchen. In
1990, the Solid Waste Authority started billing commercial properties for the disposal
portion of their garbage bill. The Solid Waste Authority assessment comes to the City
and the City makes the payment and then requests reimbursement from the American
Legion. Mr. Safford stated the American Legion contends that their agreement does not
call for them to pay the Solid Waste Authority assessment. The Caring Kitchen has been
paying the Solid Waste Authority assessments (from 1996 forward) with the exception of
the past two (2) years. The annual assessment for the past two (2) years was never
submitted to The Caring Kitchen from the American Legion for payment. Mr. Safford
stated delinquent invoices prior to 1996 amount to $4,011.81 and delinquent invoices
after 1996 amount to $7,469.16. The Caring Kitchen is requesting the City to waive their
delinquent fees of $7,469.16 and submit subsequent invoices directly to them, instead of
the American Legion, and they will pay all future invoices. Staff recommends approval
of waiving delinquent Solid Waste Authority Disposal Assessment fees in the amount of
$11,480.97 for the American Legion and The Caring Kitchen.
Mr. Costin stated he would like to see fees waived for The Caring
Kitchen.
Mr. Costin moved to approve a grant to both entities conditioned on
payment of arrearages to the City and entering into an updated lease agreement, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes.
Said motion passed with a 5 to 0 vote.
9.D. REQUEST TO REDUCE
LIENS/COMMUNITY
REDEVELOPMENT AGENCY: Consider a request from the Community
Redevelopment Agency (CRA) to waive the interest and administrative fees in the
amount of $4,242.56 assessed for abating nuisances on property located at 34 N.W. 3rd
Avenue. The Community Redevelopment Agency is prepared to pay the remaining lien
of $3,555.29 Staff recommends approval.
Mayor Perlman declared a conflict of interest and passed the gavel to
Vice Mayor McCarthy.
Lula Butler, Director of Community Improvement, stated the CRA is
requesting a reduction in the accrued interest and administrative fees for property located
at 34 N.W. 3rd Avenue. This is consistent with the policy governing requests for release
and/or reduction of liens which the City Commission adopted on October 21, 2003. This
property was transferred to New Urban Properties in 2003 and is now part of the Atlantic
-7-
07/06/04
Grove development. Ten residential units in this development were designated and sold
under the Affordable Housing Program. Mrs. Butler stated this is an old issue that needs
to be resolved at this time and staff recommends approval of the reduction of the lien in
the amount of $4,242.56. The CRA is prepared to pay the City's out-of-pocket costs in
the amount of $3,555.29.
Mrs. Archer moved to approve the request from the Communi~
Redevelopment Agency (CRA) to reduce the liens for the property located at 34 N.W. 3
Avenue in the amount of $4,242.56 with the balance of the liens to be paid within 30
days of City Commission approval, seconded by Mr. Costin. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Vice Mayor McCarthy - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
At this point, Vice Mayor McCarthy passed the gavel back to Mayor
Perlman.
9.E. CONTRACT AWARD/WALL WAY USA OF FLORIDA: Consider
approval of a contract award to Wall Way USA of Florida in the amount of $17,500.00
for the construction of approximately 350 linear feet of eight (8) foot high screen walls
along the north property line of the Temple Sinai site on West Atlantic Avenue due to a
request from Temple Sinai to provide additional sound buffering. Funding is available
from 334-6120-519-63.90 (General Construction Fund/Atlantic High School/Other
Improvements).
Randal Krejcarek, City Engineer, stated this item is a contract award to
Wall Way USA of Florida in the amount of $17,500.00 for the construction of
approximately 350 linear feet of an eight foot high wall on the north property line of the
Temple Sinai site on Atlantic Avenue. On June 22, 2004, the City Commission approved
the construction of similar walls on the new Atlantic High School site. The request from
Temple Sinai would extend the wall to be built on the east side of the Temple property to
Coral Trace Boulevard along the north line of the Temple site. Staff recommends
approval of this contract.
Mr. Levinson moved to approve the contract award to Wall Way USA of
Florida for the construction of approximately 350 linear feet of an eight (8) foot high
screen wall along the north property line of the Temple Sinai site to provide additional
sound buffering, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
0oF,
LEGAL ACTION/GOVERNMENT TECHNOLOGY RESOURCES
(GTR): Consider authorizing staff to commence legal action against Government
Technology Resources (GTR) for breach of contract for the development of a web-
enabled sof'cware package for code enforcement, building permits, business licenses, and
planning and zoning.
-8-
0W06~4
Joseph Safford, Director of Finance, stated Government Technology
Resoumes (GTR) was retained in March 2002 to supply certain software products to the
City. The original contract amount was $25,000.00 of which the City paid an initial
deposit of $18,750.00. The contract allowed a maximum one year timeframe to supply
the software and to date the City has not received the required software.
Mr. Levinson asked if what GTR gives the City will be worth $10,000-
$12,000. Mr. Safford stated this was a special offer for cities that came in at the front end
of this project and noted the project that GTR has developed is not compatible because it
cannot be integrated with the City's HTE software. Mr. Safford recommends accepting a
settlement offer and no litigation.
The City Attorney stated the legal work would be performed in-house and
at a later date there is a possibility that the City would need to obtain outside council.
Mr. Costin suggested that staff negotiate a settlement. The City Attorney
stated if there are any written settlements then this will be brought back to the
Commission.
Mr. Costin moved to approve to authorize legal action against
Government Technology Resources (GTR), seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.G. REFERENDUM/REMOVING DEED RESTRICTIONS: Provide
direction regarding the ballot wording and ordinances required to remove the deed
restrictions on Block 52 and the North 48 feet of Lot 15, Block 101.
The City Attorney stated she researched numerous deeds in the downtown
area as it pertained to City owned lots and whether there is a deed restriction that could
be removed by referendum because Lot 15 (located behind the current library site) has a
deed restriction on it. Therefore, the City Attorney stated only Lot 15 can be released by
a referendum as well as the restrictions on Block 52. She stated she received
correspondence from Bill Doney because there was an issue regarding whether or not in
the previous quiet title action the City had maybe extinguished the reverter on Block 44 -
Lot 7~16. She stated in Mr. Doney's view there probably is a reverter on 1/4 interest on
that property but probably not on 3/4 of the property that the City has Quiet Title to and
noted this cannot be released by a referendum. The City Attorney stated Block 52 (½ of
the frontage on Atlantic Avenue) can be released by referendum. The City Attorney
stated there was a referendum on this previously; however, there was a caveat that the
land would be used for a public tennis facility and to insure title at a future point that a
referendum would be held again on this matter.
Mr. Levinson suggested that the language on the ballot be as clear and
simple as possible and perhaps be similar to the ballot question from the Special Meeting
of March 14, 2001.
-9-
0~06~4
After brief discussion, it was the consensus of the Commission to move
forward with both Block 52 and Lot 15.
DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF
CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida
League of Cities' 78th Annual Conference to be held at the Westin Diplomat Resort in
Hollywood, Florida on August 19-21, 2004.
Mayor Perlman volunteered to serve as the voting delegate for the Florida
League of Cities' 78th Annual Conference.
Mr. Costin moved to appoint Mayor Perlman as the voting delegate for the
Florida League of Cities' 78th Annual Conference, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a
5 to 0 vote.
9.I~ APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5)
members to the Education Board for two (2) year terms ending July 31, 2006. Based on
the rotation system, the appointments will be made by Mayor Perlman (Seat #5),
Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner
Levinson (Seat #3) and Commissioner McCarthy (Seat #4).
Mayor Perlman stated he wished to appoint Jack Licht as a member to the
Education Board for a two (2) year term ending July 31, 2006. Mrs. Archer so moved,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
Mr. Costin moved to appoint Debra Kaiser as a member of the Education
Board for a two (2) year term ending July 31, 2006, seconded by Mr. Levinson. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a
5 to 0 vote.
Mrs. Archer moved to appoint Peggy Murphy as a member to the
Education Board for a two (2) year term ending July 31, 2006, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
Mr. Levinson moved to appoint Jennifer Ferreri as a member to the
Education Board for a two (2) year term ending July 31, 2006, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed
with a 5 to 0 vote.
-10-
07/06/04
Ms. McCarthy moved to appoint Suzarme Katz as a member to the
Education Board for a two (2) year term ending July 31, 2006, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed
with a 5 to 0 vote.
9.J~ RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the alternate member appointments of
Brenda Montague, Community Redevelopment Agency (CRA); Perry DonFrancisco,
Downtown Development Authority (DDA); Joseph Pike, Planning and Zoning Board
(P&Z); Rosalind Murray, West Atlantic Redevelopment Coalition (WARC); and David
Cook, Chamber of Commerce on the Parking Management Advisory Board with term
expirations to coincide with the regular board representative's term.
Mr. Levinson moved to approve and ratify the alternate member
appointments for the Parking Management Advisory Board, seconded by Mr. Costin.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed
with a 5 to 0 vote.
At this point, Mrs. Archer stated with regard to alternate members one of
the difficulties is the notification whether or not the alternate member needs to attend the
meeting and asked that some clarification be provided to each of the altemate members
so that they know how they are supposed to be notified and what the conditions are so
that they can make plans to attend the meetings. She stated there is no central
notification with regard to the Parking Management Board and thus the reason for part of
the problem. The City Manager stated staff will work at resolving this.
PROPOSED CONCERT CONTRACT TERMS~OOTS
CULTURAL FESTIVAL: Provide direction on proposed contract terms with Roots
Cultural Festival, Inc. for a concert to be held at the Delray Stadium on September 25,
2004.
Robert A. Barcinski, Assistant City Manager, stated this item is a request
to provide direction on proposed contract terms with the Roots Cultural Festival, Inc. for
a concert to be held in the stadium on September 25, 2004. Winston Hudson on behalf of
the Roots Cultural Festival, Inc. has met with Mr. Dubin to discuss the possibility of
holding a concert in the stadium on September 25, 2004 and Roots Cultural Festival, Inc.
would be the signatory to the agreement with the City. Roots would be partnering with
Management Service Organization (MSO) to provide promoter services with Roots and
would receive 50% of the net proceeds.
The City Attorney stated it is prudent to advise Worldwide Entertainment,
Inc., via a letter to see if they believe this is considered as one of their exclusive events
particularly because there is a promoter involved.
-11-
07/06/04
The City Manager stated staff also needs direction on whether the terms as
outlined are acceptable as far as what the City is being asked to put into this and who the
local entertainers are and what kind of act they would be putting on.
Mayor Perlman stated Management Service Organization (MSO) is a new
corporation with no experience to his knowledge in promotion and inquired as to whether
or not Roots Cultural Festival, Inc. would really benefit from MSO receiving 50% of the
net proceeds.
Mrs. Archer expressed concern over this being a new entity and stated
there is no knowledge of what could happen.
Mr. Levinson suggested that staff ask MSO for a budget of what they
anticipate so that Roots Cultural Festival, Inc. will know what they can expect to make.
After brief discussion, it was the consensus of the Commission to contact
Worldwide Entertainment, Inc. and discuss this item at the Workshop meeting of July 13,
2004.
At this point, the time being 7:05 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
PUBLIC HEARINGS:
10.A. WAIVER REQUEST/MINIMUM LOT DIMENSION: Consider a
request to waive Land Development Regulations (LDR) 4.3.4(K) to reduce the lot size,
frontage, and width in association with a proposed subdivision, located on the south side
of Dixie Boulevard and on the west side ofN.E. 2nd Avenue. (Quasi-JudicialHearing)
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Costin stated he spoke to the Planning and Zoning Director today.
Ms. McCarthy, Mr. Levinson, Mayor Perlman and Mrs. Archer had no ex parte
communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-248 into the record.
Mr. Dorling stated the development proposal is a reconfiguration of four
existing lots within the Del Ida Park subdivision. The lots are currently 50 feet in width
and are substandard with respect to the current requirements. Two of these lots will be
conforming and two will continue to be non-conforming. Mr. Dorling stated the LDR's
Section 4.3.1(D), indicates lots that are created after October 1, 1990 must meet the
minimum requirements established by Chapter 4 unless the City Commission declares at
the time of approval of an associated development application that it is necessary and
-12-
07/06/04
appropriate to create such nonconformity. The proposal involves the future construction
of three new single family homes and the retention of an existing historic structure which
is on Lot 2. LDR Section 4.1.4(C) requires that, with the exception of single family
residences subject to the R-1-A zoning district standards, if two or more adjoining lots
are owned by the same property owner as of October 18, 1994, and if the total frontage
area is equal to or greater than that which is required by the zoning district regulations,
said property shall not be developed except in accordance with the minimum frontage
and lot area requirements for the current zoning district. Mr. Dorling stated staff
originally provided direction to the applicant that the maximum of three lots was
appropriate; however, during subsequent discussions it became clear that the creation of
three lots would not assure the retention of the historic structure. As a compromise and a
commitment to retain the historic structure staff supported the four lots. Mr. Dorling
stated it is noted that waivers have been granted in the past specifically when it involves
the preservation of a historic building and thus the reason staff supported the waivers.
Kim Dwyer, applicant, stated the concept they wanted to bring to the
community with the development of the replat was to keep the property and the houses of
the same size as the neighborhood. She stated rather than having three larger homes, she
felt it was more appropriate to have three smaller homes added to the community and
save the existing property. Ms. Dwyer stated she wants to work with the community on
this project and wants it to be something everyone can be proud of.
Mayor Perlman declared the public heating open.
Mary Lou Jamison, 515 N. Swinton Avenue, Delray Beach, opposes the
development proposal mainly because it would open up the 50 foot lot. She stated in the
neighborhood there is currently a piece of property up for sale with two 50 foot lots in
addition to two others. There is another lot that will be up for sale in the next year which
has six 50 foot lots. She stated many of the lots have a second 50 foot lot and they could
develop it if the waiver is approved. She feels they will lose the character of the
neighborhood.
Barbara Drowne, 2 Dixie Boulevard, Delray Beach, stated she has owned
the property at the end of the cul-de-sac for approximately 16 years and opposes the
development project because she feels the area will become overdeveloped.
Andrea Harden, 516 N. Swinton Avenue, Delray Beach, expressed
concern that the lot size is too small compared to the rest of the lots on this block of Dixie
Boulevard and urged the Commission to abide by the LDR's that were passed in 1994.
She stated a similar situation happened in Lake Ida with three houses built on substandard
lots and thus the reason this LDR amendment was passed. Mrs. Harden stated she feels
the situation is different when talking about a waiver of some owner hardship versus
maximizing a developer's profit.
There being no one else from the public who wished to address the
Commission regarding the waiver request, the public hearing was closed.
-13-
0W06~4
At this point, the following individual came forward for cross-
examination:
Randall Stoffi, Architect for the project, stated they worked very closely
with the Historic Preservation Board who passed the project with one (1) "No" vote and
he worked closely with Planning and Zoning staff to accommodate almost everyone's
needs. Mr. Stofft stated they have three conforming frontages and feels the scale of these
houses are a beautiful proportion for the neighborhood.
Brief discussion by the Commission followed.
Mrs. Archer stated she is sure the proposed houses are lovely; however,
she does not want to go against the 1994 LDR's in requiring the lots to be under the same
ownership combined to conforming lots. She feels there is a way to save this house and
still get three conforming lots.
Mr. Levinson stated there is no compelling reason for the waiver.
After brief discussion, the Commission concurred that the findings
adversely affect the neighborhood area and therefore does not meet the requirements for a
waiver.
Ms. McCarthy moved to approve the waiver request of the lot dimensions,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Levinson - No; Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs.
Archer - No. Said motion to approve the waiver request was DENIED by a 5 to 0 vote.
10.A.1.
FINAL SUBDIVISION PLAT APPROVAL/DIXIE DEL-IDA PLAT:
Request for approval of a final subdivision plat for a 0.79 acre, fee simple, single-family
detached subdivision known as Dixie DeMda Plat (aka Historic Del-Ida Park Plat),
located on the south side of Dixie Boulevard and on the west side of N.E. 2nd Avenue.
(Quasi-Judicial Hearing)
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Randall Stoffi feels they were misunderstood and stated he worked very
closely with the Planning and Zoning staff, and the Historic Preservation Board.
Mr. Levinson moved to approve the final subdivision plat for Dixie Del-
Ida Plat, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms.
McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson
- No. Said motion to approve the final plat was DENIED with a 5 to 0 vote.
10.B. ORDINANCES NO. 38-04 & 39-04 (FIRST READINGS/FIRST
PUBLIC HEARINGS): Ordinances No. 38-04 and 39-04 were created for businesses
that do not have a street front to allow the placement of a permanent portable or ground
-14-
07/06/04
sign. Prior to consideration of passage of this ordinance on First Reading/First Public
Hearing, a public hearing has been scheduled to be held at this time.
The City Attorney read the captions for Ordinance No. 38-04 & Ordinance
No. 39-04.
10.B.1. ORDINANCE NO. 38-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Ordinance No. 14-04, by enacting a new
Subsection 4.6.7(E)(3)(e), "Ground Signs" to allow the placement of certain Ground
Signs in certain locations. If passed, a second public hearing will be scheduled for July
20, 2004. Prior to consideration of passage of this ordinance on First Reading/First
Public Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 38-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE NO. 14-04, BY
ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e),
"GROUND SIGNS", TO ALLOW THE PLACEMENT
OF CERTAIN GROUND SIGNS IN CERTAIN
LOCATIONS; BY AMENDING APPENDIX "A" OF
THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH TO PROVIDE FOR THE
DEFINITION OF "GROUND SIGN"; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AN INCLUSIONARY CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 38-04 is on file in the City Clerk's
office.)
A public heating was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Terrill Pyburn, Assistant City Attorney, stated these ordinances address
the issue of those businesses that do not have frontage on the Avenue amending the sign
code that was passed by the Commission at the last meeting. Ms. Pybum stated the other
portable signs are more of the A-frame type sign and the ground signs are on a pole as
discussed at a previous Workshop meeting.
Mayor Perlman declared the public hearing open.
Rita Ellis, representing the Beach Property Owners' Association (BPOA)
regarding the sign ordinance, stated the BPOA represents over 1,000 households in the
City of Delray and has been involved in working with the City on the sign ordinance and
-15-
07/06/04
helped initiate some of the opposition to the multiple sandwich board signs that now
appear throughout the City. Mrs. Ellis stated the BPOA feels the signs do not add to
ambience of the City and expressed concern over accommodating businesses without
these sandwich board signs. Mrs. Ellis stated the BPOA opposed the sandwich board
signs and urged the Commission to eliminate the sign clutter.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 38-04, the public heating was closed.
The City Manager stated one of the intentions of the ground signs was to
try to acknowledge both the concerns of the BPOA and still allow the businesses that do
not have major street frontage a way to have an individual sign for their business.
Mrs. Archer commented about Ordinance No. 39-04, Section (e)(3) & (4)
Other Portable Signs.
Mr. Levinson stated he likes Ordinance No. 38-04 with a caveat and feels
a sign 7 feet high and 2'x3' is an imposing structure. Mr. Levinson suggested that if
something would allow for a smaller directional sign listing the businesses as opposed to
the sandwich board signs for those businesses that are in the courtyards, then this might
be an option. The City Manager stated staff envisioned it would not have multiple names
on it.
Mayor Perlman inquired about the City of Winter Park sign code.
Lula Butler, Director of Community Improvement, stated the Winter Park
sign code allows them the option of having either a fi'eestanding flat wall sign or this type
of sign. Therefore, Mrs. Butler stated if they have a street-side pole sign they would not
get a flat wall sign.
Mr. Levinson moved to approve Ordinance No. 38-04, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr.
Costin- No; Mrs. Archer- No; Mr. Levinson- No; Ms. McCarthy- No. Said motion to
approve Ordinance No. 38-04 was DENIED with a 5 to 0 vote.
10.B.2. ORDINANCE NO. 39-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Ordinance No. 14-04, by enacting a new
Subsection 4.6.7(E)(3)(e), "Other Portable Signs" to provide provisions regarding Other,
Non-grand Opening Portable Signs. If passed, a second public hearing will be scheduled
for July 20, 2004. Prior to consideration of passage of this ordinance on First
Reading/First Public Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 39-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
-16-
07/06/04
AMENDING ORDINANCE NO. 14-04, BY
ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e),
"OTHER PORTABLE SIGNS", TO PROVIDE FOR
THE INCLUSION OF PROVISIONS REGARDING
OTHER, NON-GRAND OPENING PORTABLE
SIGNS; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AN
INCLUSIONARY CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 39-04 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mr. Levinson moved to approve Ordinance No. 39-04, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - No; Mrs.
Archer - No; Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No. Said
motion to approve Ordinance No. 39-04 was DENIED with a 5 to 0 vote.
10.C. SALE OF PARCEL: Consider approval of a potential purchaser and
contract to sell City owned property, a vacant 12,000 square foot parcel, located at 15549
S.W. 9th Avenue and approve Contract for Sale and Purchase and Resolution No. 53-04.
Prior to consideration of passage of this item, a public hearing has been scheduled to be
held at this time.
Mr. Costin declared a conflict of interest and stepped down from the dais.
The City Attorney stated it is required per ordinance that the City holds a
public hearing on the sale of land.
Brian Shutt, Assistant City Attorney, stated the City obtained this parcel
from the Lands Available list from Palm Beach County and has an appraised value of
$66,000. He noted the original offer from Harvest Moon Realty was $74,000.
Mr. Levinson asked if the appraised value was obtained from the tax rolls.
In response, Mr. Shutt stated staff sought previous permission from the City Commission
to perform its own appraisal.
Mayor Perlman declared the public heating open.
John F. Peart, Founder of Universal Beach Service, stated they have
increased the purchase offer to $77,000.
Seth I. Cohen, Counsel for Harvest Moon Realty, stated the Managing
member of Harvest Moon is also the owner of House of Floors of Palm Beach who has
-17-
07/06/04
operated the flooring and carpeting business since 1997 and very much would like to stay
in Delray Beach.
Ken Carlson, 1002 East Newport Center Drive, Deerfield Beach
(Architect of the proposed facility), briefly described the parcel.
There being no one else who wished to address the Commission regarding
the sale of parcel, the public heating was closed.
Mr. Levinson asked if Harvest Moon Realty is aware of the letter the
Commission received today from Universal Beach Services increasing their purchase
offer to $77,000. In response, Mr. Cohen stated he found out about the letter at 5:30 this
evening.
Ms. McCarthy stated she is uncomfortable with both contracts because of
the "right to assign" and does not feel these contracts should be assignable.
The City Attorney posed the question to the applicants whether they
would change the contract so that it would be non-assignable.
Robert Federspiel, Attorney representing Universal Beach Service Corp.,
stated his client has no objection to making the contract non-assignable.
Seth Cohen, Attorney representing Harvest Moon Realty, stated his client
has no objection to making the contract non-assignable.
Brief discussion by the Commission followed.
Mr. Cohen stated Harvest Moon, Inc. will increase their offer to $77,000.
He stated this is a use issue and how this is going to benefit the neighboring parcel and
the development of the site.
Mr. Federspiel suggested that the Commission accept a final bid fi.om both
parties this evening. He stated Universal Beach will be building a business and a
structure so there will be diversity of ownership in the neighborhood and this is an asset
to the tax base in the area.
Mc. McCarthy stated one of the contracts appear to be a cash issue and the
other one is a finance issue and she expressed concern over this changing the terms of the
contract. She stated there is some beating on this because of an appraisal already being
in place at this time.
At this point, both parties convened briefly to discuss their final bid offers
and the Commission moved to Item 10.D. Ordinance No. 37-04.
-18-
07/06/04
10.D. ORDINANCE NO. 37-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Ordinance No. 13-04, Section 4, "Duration of
Moratorium/Extension of Moratorium" to extend the moratorium on Adult Arcade
Establishments for ninety (90) days. If passed, a quasi-judicial public heating will be
scheduled for July 20, 2004. Prior to consideration of passage of this ordinance on First
Reading/First Public Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 37 -04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE 13-04, SECTION 4,
"DURATION OF MORATORIUM/EXTENSION OF
MORATORIUM" BY AMENDING THE
TEMPORARY BUILDING MORATORIUM ON
ARCADES TO EXTEND THE MORATORIUM FOR
A PERIOD OF NINETY (90) DAYS FROM THE
DATE OF ADOPTION OF THIS ORDINANCE;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The official copy of Ordinance No. 37-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Attorney stated the Planning and Zoning Department is in the
process of working on the conditions that they may want to apply for conditional uses.
Ten'ill Pyburn, Assistant City Attorney, stated the 2n~l District Court of
Appeals recently ruled to uphold the provision in the Florida Statute that allows the
"Chuck-E-Cheese" type exception of these kinds of businesses to operate. Therefore,
Ms. Pyburn stated staff is trying to work on accommodating these types of uses.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 37-04, the public
hearing was closed.
Mrs. Archer moved to approve Ordinance No. 37-04 on First
Reading/First Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
-19-
07/06/04
10.E. ORDINANCE NO. 36-04: An ordinance mending Chapter 56,
"Stormwater" of the City Code of Ordinances, amending Sections 56.04, "Definitions"
and 56.16, "Establishment of Rates for Stormwater Management Assessments" to
provide that individual parcel owners within a residential subdivision shall be responsible
for a prorated portion of the assessments of all common areas within the subdivision.
Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 36-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING TITLE 5, "PUBLIC WORKS",
CHAPTER 56, "STORMWATER", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 56.04, "DEFINITIONS",
TO PROVIDE A DEFINITION OF "COMMON
ELEMENT"; AMENDING SECTION 56.16,
"ESTABLISHMENT OF RATES FOR
STORMWATER MANAGEMENT ASSESSMENTS",
TO PROVIDE THAT STORMWATER
ASSESSMENTS FOR SINGLE-FAMILY
RESIDENTIAL UNITS SHALL BE AMENDED TO
INCLUDE A PRORATED PORTION OF THE
COMMON ELEMENTS WITHIN A PLATTED
SUBDIVISION THAT ARE FOR THE EXCLUSIVE
BENEFIT OF THE SINGLE-FAMILY RESIDENTIAL
LOT OWNERS THEREIN; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 36-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Terrill Pybum, Assistant City Attorney, stated this ordinance is being done
to meet the State requirements.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 36-04, the public
hearing was closed.
- 20 -
07/06/04
Mr. Levinson moved to adopt Ordinance No. 36-04 on Second and FINAL
Reading seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr.
Levinson Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
ll.A.
inquiries.
Ci~. Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
ll.B.
From the Public.
ll.B.1. Wilner Athouriste, volunteer with the Haitian Police Academy~
requested that there bca basketball court for the children at Currie Commons Park
located on 2"d Avenue and stated hc spoke with Joe Wcldon, Director of Parks and
Recreation, approximately a year ago regarding this issue.
11.B.2. Terrence Rothman, (homeless), stated in his opinion the war against Iraq
was prepared and executed illegally and immorally. Mr. Rothman stated he has been
before the Commission approximately five times with regard to the separation of church
and state and requested the City to approve a policy prohibiting the intervention of police
on church property in reference to issues of ethical or moral debate.
ll.B.3. Chris Miller, 918 Seagate Drive~ Delra¥ Beach~ expressed concern over
the noise from motorcycles, aircraft, and construction. He stated the noise generated
from paragliders is intolerable and commented on the volume associated with the
machines. Mr. Miller stated he recognizes the City passed Ordinance No. 39-03
prohibiting use of these machines within 300 feet of the beach area and understands it
was to address safety issues. Mr. Miller urged the Commission to amend Ordinance No.
39-03 prohibiting the use of these machines because he feels his enjoyment of the beach
has been severely impacted.
Mayor Perlman asked staff to look and see what other coastal
communities have done and look at a remedy for this. Mr. Costin inquired about the
decibel levels and suggested that the Commission look into this as well.
ll.B.4. Kevin Warner~ 248 Venetian Drive~ Delray Beach~ thanked the City
Manager for answering his concern about the rolled back rate. He congratulated
everyone on the 4th of July celebration and stated it makes him proud to be a part of it.
Mr. Warner asked if the Commission is considering lowering the tax rate
for property owners and if not, why not? He stated there is a forty percent increase in the
City's budget and he feels the only thing residents are getting in return is more
congestion, noise, traffic, development and restaurants.
-21-
07/06/04
At this point, the time being 8:20 p.m. the Commission reconvened and
moved back to Item 10.C., Sale of Parcel.
Mayor Perlman stated the final offer from Harvest Moon is $101,000 with
no financing and the final offer fi.om Universal Beach is $100,000 cash. It was noted
both parties have agreed to the non-assignability.
a building.
Delray.
Mayor Perlman stated in terms of uses of the lot it is a loading area versus
He feels the tax base with a building would be better for the taxpayers of
Mr. Levinson stated the comment was made that because of the additional
land the flooring company (House of Floors of Palm Beach) would be able to add an
additional showroom which he feels would have a higher value than a warehouse. Mr.
Dorling stated the additional land would allow them to accommodate more square
footage.
Mayor Perlman and Mrs. Archer stated they are both in favor of a
building.
Prior to the motion, Ms. McCarthy inquired about the closing date and the
City Attorney stated the closing date on the contract is September 15, 2004.
Mrs. Archer moved to approve the Contract for Sale and Purchase with
Universal Beach Service Corp. for the purchase price of $100,000 and Universal Beach
Service Corp. to be inserted into Section 1 of the Resolution according to the contract
submitted this evening, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson Yes. Said motion passed with a 4 to 0 vote.
Mrs. Archer moved to approve Resolution No. 53-04 with the purchase
price of $100,000 to Universal Beach Service Corp. in accordance with their contract
subject to the change that they cannot assign it, seconded by Mr. Levinson. Upon roll
call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
FIRST READINGS:
12.A. ORDINANCE NO. 32-04: Privately initiated small scale Future Land
Use Map (FLUM) Amendment from CF-R (Community Facilities-Recreation) to CC
(Commercial Core) and rezoning fi.om CF (Cormnunity Facilities) to CBD (Central
Business District) for a 2.42 acre parcel of land to be known as The Strand, bordered by
S.E. 1st Street on the north, S.E. 2nd Street on the south, S.E. 3rd Avenue on the east, and
the Florida East Coast (F.E.C.) Railway on the west. If passed, a quasi-judicial public
- 22 -
07/06/04
hearing will be scheduled for July 20, 2004.
The caption of Ordinance No. 32-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM CF-R
(COMMUNITY FACILITIES-RECREATION) TO CC
(COMMERCIAL CORE); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZON1NG AND PLACING
LAND PRESENTLY ZONED CF (COMMUNITY
FACILITIES) TO CBD (CENTRAL BUSINESS
DISTRICT); SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE WEST SIDE OF SE 3P~
AVENUE, BETWEEN SE 1sT STREET AND SE 2ND
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZON1NG MAP OF DELRAY
BEACH, FLORIDA, APRIL 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 32-04 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-254 & #2004-255 into the record.
Mr. Dorling stated the subject property incorporates that portion of Block
86 lying east of the F.E.C. Railway fight-of-way containing approximately 2.42 acres.
The property is presently zoned CF (Community Facilities) with an underlying
compatible FLUM designation of CF-R (Community Facilities-Recreation).
At its meeting of June 21, 2004, the Planning and Zoning Board held a
public heating in conjunction with the FLUM amendment and rezoning request. One
member from the public spoke on the item and indicated a concern as to the amount of
residential development in the downtown. After brief discussion, the Board voted 6-0
(Krall absent) to recommend the requests be approved by adopting the findings of fact
and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.1 and
3.2.2 of the Land Development Regulations.
-23 -
07/06/04
Mr. Levinson moved to approve Ordinance No. 32-04 on FIRST Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 34-04: An ordinance mending the Land
Development Regulations Section 4.3.3(P), "Satellite Dish-Satellite Television Antenna",
to provide updated regulations for Satellite Dishes and Antennas. If passed, a public
hearing will be scheduled for July 20, 2004.
The caption of Ordinance No. 34-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS, SECTION 4.3.3(P), "SATELLITE
DISH--SATELLITE TELEVISION ANTENNA"; TO
PROVIDE AN UPDATED ORDINANCE ON
SATELLITE DISHES; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 34-04 is on file in the City Clerk's
office.)
The City Attomey read the caption of the ordinance.
Paul Doffing, Director of Planning and Zoning, stated the proposed
amendment is being processed in order to obtain consistency with federal regulations
regarding satellite dishes and antennas. The current regulations require a permit for a
satellite dish or antenna regardless of its size. The amendment will only require a permit
for those that are greater than one meter in diameter or any size satellite dish that is
mounted on a mast higher than 12 feet above the roof line.
At its meeting of June 21, 2004, the Planning and Zoning Board held a
public hearing regarding the amendment. After discussing the amendment, the Board
voted 6-0 (Krall absent) to recommend to the City Commission approval of the proposed
amendment, based upon positive findings with LDR Section 2.4.5(M).
Terrill Pyburn, Assistant City Attorney, stated this ordinance is up-to-date
with the current regulations.
Mr. Costin moved to approve Ordinance No. 34-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
- 24 -
07/06/04
Levinson - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:35 p.m. the Commission moved to Item
9.L. of the Regnlar Agenda.
9.L. PENSION MULTIPLIER INCREASE FOR RETIRED POLICE
OFFICERS AND FIREFIGHTERS IN THE DEFERRED RETIREMENT
OPTION PLAN (DROP): Consider a request from retirees in the Deferred Retirement
Option Plan (DROP) to be allowed to purchase the increase in pension multiplier from
3% to 3 ½% which was approved for Police Officers and Firefighters earlier this year.
The City Manager stated he received an email late this afternoon
requesting additional information about how we handle the general employees that were
allowed to buy into the DROP Plan and that this item be delayed until this information is
obtained.
Mrs. Archer moved to table this item to a date certain of July 20, 2004,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
Comments and Inquiries on Non-Agenda Items.
13.A. City Manager
The City Manager introduced Mr. Rex Taylor who is assisting the City
Manager as an Assistant to work on the City's project management and strategic plan
management.
Secondly, the City Manager commented about the paragliders on the
beach.
13.B. City Attorney
The City Attorney had no comments and inquiries on non-agenda items.
13.C.
13.C.1.
13.C.2.
City Commission.
Commissioner Archer
Mrs. Archer had no comments and inquiries on non-agenda items.
Commissioner Costin
Mr. Costin had no comments and inquiries on non-agenda items.
-25 -
07/06/04
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated Congressman Hastings, Senator Dawson,
Representative Anne Gannon, Palm Beach County Commissioner Addle Greene and
Mayor Perlman attended a meeting in Delray Beach regarding Carver Square and she
thanked them for their interest and concern for the citizens who reside there. In addition,
she thanked Mayor Perlman for sitting on the panel and commended Mike Simon fi.om
the CRA who gave a great presentation.
Secondly, Ms. McCarthy congratulated Lula Butler, Director of
Community Improvement, on her Employee of the Year Award and stated it was well
deserved.
Ms. McCarthy thanked Marjorie Ferrer, Downtown Coordinator, the
Chamber of Commerce and City staff for a job well done during the 4th of July holiday.
With regard to the computer software issue with Government Technology
Resources (GTR), Ms. McCarthy stated even if the City cannot use the software for the
City's use in City Hall, she suggested that the software be used for students at the TED
Center.
Lastly, Ms. McCarthy stated the reason she did not volunteer to be the
Florida League of Cities delegate is because she will be coming back and forth fi'om
Orlando and going back down south because she will be attending two separate
conventions.
13.C.4.
Commissioner Levinson
Mr. Levinson commented about a shooting which took place at a street
party recently in Delray Beach and congratulated the Police Department and the Dive
Team for finding the first weapon within ten minutes in the St. Lucie River and the
second weapon within two hours. Mr. Levinson stated this should be a significant
reminder that when an individual decides to have a street party sometimes uninvited
guests attend and he feels the City has instituted good policy for following the necessary
procedures with regard to block parties so that this type of situation does not occur again.
Secondly, Mr. Levinson stated the City is not utilizing all of the
opportunities on the water bills. He stated he would like to know prior to the budget how
much it would cost to print quarterly News for Neighborhoods and suggested that these
be enclosed with the water bill.
Lastly, Mr. Levinson commented about a "Code Red" brochure in an
effort to alert the community in the event of an emergency. The City Manager stated this
is in the proposed budget for next year.
-26-
07~6~4
13.C.5.
Mayor Periman
Mayor Perlman commented about an article in the newspaper entitled
"Visit Florida to start 'Downtown and Small Towns' campaign" and stated Florida's
marketing agency is doing a multi-year campaign and has chosen Delray Beach to be one
of the cities they are going to be marketing.
Secondly, Mayor Perlman stated the 4th of July was great and read an
email into the record he received from a Delray Beach couple commending the fireworks.
On the other hand, Mayor Perlman stated he also received complaints about some
fireworks being set off late into the night hours. He suggested that the Neighborhood
Advisory Council (NAC) formulate a policy to address fireworks after a certain hour.
The City Manager stated that this is prohibited but is difficult to enforce. Mayor Perlman
suggested that there be a public awareness campaign through the NAC regarding this
issue.
Mayor Perlman thanked Richard Hasko, Director of Environmental
Services, Robert Teft, Senior Planner, and Randal Krejcarek, City Engineer for their
assistance with a meeting he had with the residents of Barwick Estates.
He stated approximately ten years ago there was a story in Florida Trend
Magazine which named Delray Beach the "Best Run Town in Florida". Mayor Perlman
stated he contacted Mr. Otis White who writes for Governing Magazine (based in
Atlanta) who uses Delray Beach as an example in his consulting work across the country.
Mr. White stated the only city he felt had parallels to Delray was Chattanooga, Tennessee
which is a widely studied city due to some of their innovative things.
Mayor Perlman stated he has received numerous calls regarding Bexley
Park and expressed concern over the lot premiums which he feels are excessive, arbitrary,
and are assessed on too many of the properties. He stated on some of the multi-family
units they are charging lot premiums and feels there is still time to rescue this project.
Mayor Perlman stated the City went into this with a very good faith effort to solve a
pressing community need. Mr. Levinson suggested that the City and the CRA work
jointly so that the language is more specific and more enforceable. He stated the
Commission is very distressed over this issue and feels these concerns should be
addressed immediately.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:05 p.m.
Acting City Clerk
- 27 -
07/06/04
ATTEST:
MAYOR
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on July 6, 2004, which Minutes were formally approved and adopted by the City
Commission on
Acting City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 28 -
07/06/04
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME---EIRST NAME~MIDOLE NAME
Levinson, Jori Robert
943 Eversreen Drive
Delray Beach, Florida
Palm Beach
7/6/04
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, Of~ COMMITTEE
Delray Beach City Commission
WHO MUST FILE FORM 8B
This fom~ is for use by any person sewing at the county, city, or other local level of government on an appointed or elected beard, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Flodda Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this mason, please pay close attention to the instructions on this form before
completing the reveme side and tiling the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or oti~r local public office MUST ABSTAIN from voting on a meesum which
inures to his or her special private gain or loss. Each elected or appointed local ottiser also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate pl~ncipal by which he or she is retained); to the special pdvate gain or loss of a relative; or
to the special pdvate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357 F.S. and officers, of, iade, oendent~, -. ~ . special,, tax~ d s~cts. . ~ elected, on a one-acre, pne-vqta I~asis ara .not p[oh, ibited from voting in that
For purposes of this law, a 'relative' includes only the officer's father, ~e~, Sor~ (Jaug~, husband, vafe, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A 'business associate' means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or coq~orate shareholder (where the shares of the corporation
are not listed oll any national o¢ regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described abeve, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsit)lo for recording the mira
utes of the meeting, who should inCOrporate the fom~ in the minutes.
APPOINTED OFFICERS:
Altlmugh you must abstain from voting in the situati°ns described abeve, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orallY or in writing and whether mede
by you or st your direction.
IF YOU INTEND TO MAKE ANY A'I-I'EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· Yo~ must complete and tile this forte (before making any attempt to influence the decision) with the pemon responsible for recording the
minutes of the meeting, who will incoq~3rata the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of lite agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must dlsciose orally the nature of your conflict In the mnesurs befors perticipating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must Incoq~3rete the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jon R. Levinson
, hereby disclose that on July 6
(a) A measure came or will come before my agency which (check one)
__ inured to my special private gain or loss;
~ Inured to the special gain or loss of my business associate,
__ Inured to the special gain or loss of my relative,
~ Inured to the special gain or loss of .~TE_.,~../-.I.,~J~ ~F__..$OU~.C~.~:~ ~.~ ~..oUP
whom I am retained; or
Inured te the special gain or loss of
is the parent organizafio~ or subsidia~y of a principal which has retained me.
(b) The measure before my agency and the nature of my coofllcting interest in the measure is as follows:
, 2004 r ~
7/6/04 ~
Date Fll~d S
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILOF :. TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL pENALTY NOT TO EXCEED $10,000.
CE FORM 8~ - El=F, 1/2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING coNFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
Perlmnu~ Jeffrey L.
971Delrav Lakes Drive
Deiray Beach, Florida
33444 PaLm Beach
7/6/04
Delray Beadh~City Com~ esion
City of oelray Beach
ELECTIVE o ~
WHO MUST FILE FORM 8B
This form is for use by any parson se[ving at the county, city, or other local level of government on an appointed or elected board, council,
eammission, authority, or committee. It applies equally to members of advisory and non-adviso~ bodies who are presented with a voting
conflic~ of interest under Section 112.3143. Florida Statutes.
'Your msponsibltitios undor the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depanding
on whether you hold an elective Or appointive position. For this mason, please pay dose attention to the insatK~ons on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A parson holding elective or appointive county, municipal, or other local public ofti~ce MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gala or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under See. 163.356 or
163.357, F.S., and officers of indepandent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
For purposes of this law, a 'relative' includes only the officer's father, mather, sen, daughter, husband, wife. brother, sister, fatherqn4aw,
mothor-in-law, son-in-law, and daughter-in-taw. A 'business associate" means any person or entity engaged in or canying on a business
entelpdse with the officer as a partner, joint venturer, cooWner of pmporty, or corporate shareholder (where the shares of the earporation
are not listed ou any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the parson responsible for reconJiog the min-
utes of the meeting, who should Incorporate the focm in the minutes.
APPOINTED OFFICERS:
Although yo~ mast abstain from voting in the situatiOns described above, you othenvise may padicipato in these mattem. HOWever', you
must disctose the nature of the conflict before making any attempt to influence the decision, whether Orally or i~ writing and whefiler made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this ~ (before making any attempt to influence the decision) with the parson responsible for recording the
minutes of the meeting, who wa incoqx~ate the form in the minutes. (Continued on other side)
CEFORMBB-EFF. II2000 "~,~ut,,..--'~ * ._..~ pAGE1
APPOINTED OFFICERS (continued)
· A copy o~tbe ferm must be Ixovided immediately to the othermembors of the agency.
· The fo~m must be road publicJy at the next meeting after the form is filed.
IF YOU MAKE NO A'~'EMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disck~e oral~, the nature of your conflict in the measure before pantc~pafing.
· ~ You ..must comptate the form and file it wi~. in 15 days after the vote occurs with the persu~ reeponsib{e for recoiling the minutes of the
.meeting, wtm must incorporate the form m the minutes. A copy of the from must be provided immediately to the otbe~* members of lhe
agency, and the form must be read publi~Jy at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Jeffrey L. Perlman
, hereby disctose that ee July 6 .2004 :
Ia) A measure came er will come before my agency which (check one)
Inured to my special pdvate gain er luss;
inured to the special gain or loss of my business assoclata, ,
Z inured to the special gatn or loss of my relative, Diane Co]_o~na ;
inured to the special gain or loss of , by
whom I ern retained; er
inured to the spactal gain or inss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my c0nfiiclJng interest in the measure is as follows:
D~,~ne Co].o~na. my ~a~.fe, ~LS D'irector of l;he Com~,~C-'7 Rede~'e]_opmenl: A§ency (C[~.).
T ~tve a conf]_~_cC vol:~_n§ o~ ~_l:ems I:hat; d~_]:ect;]_y affect: l;he Commun~.l:y
· edevelo~menl: ~ency.
7/6/04
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
Costin, Robert
362 N.E. 5th Avenue
Delray Beach, Florida Balm Beach
716104
Delray Beach City Commission
MY POSITION IS:
City of Delra¥ Beach
Q AFPO~llVE
WHO MUST FILE FORM 8B
This form is for use by any person sewing at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies squally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Flodda Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest wtil vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A persoa holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the spaclal pdvate gain or ~ of a relative; or
to the special pdvate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vota basis are not prohibited from voting in that
capacity.
For purposes of this law, a *relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father.in-law,
mother-in-law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are nof listed o~ any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating fa the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the parson responsible for recording the min-
utes of Ihe meeting, who should Incoq~orata the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you othemflse may pa~cipata in these matters. However, you
must disck~se the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· Yo~ must comHete and file this ferm (before making any attempt to influence the decision) with the person responsible for recording the
minutes ofthe meeting, who will incorporate the form in the minutes. (Continued co other side)
CE FORM aB - EFF. 1/2000 ~ \~).~ pAGE1
APPOINTED OFFICERS (continued) ~*
· A copy of the form must be ptovidecl immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is tiled.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before parlicipating.
You must comldete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must Incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is tiled.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Robe]ct Costin , hereby disclose that on July 6
(a) A measure come or will come before my agency which (check one)
__g_ inured to my special private gain or loss;
__ inured to the special gain or loss of my business associate,
__ tn~'ed to the special gain or loss of my relative,
__ inured to the special gain or loss of
whom I am retained; or
Inum¢l to the special gain or loss of
is the parent organization or subsidimy of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
,2004 :
Universal Beach Service Corporation is a lessee of mine.
Date Filed
7/6/04
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000 PAGE 2
SPECIAL MEETING
JULY 13, 2004
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 P.M.,
on Tuesday, July 13, 2004.
Roll call showed:
Present-
Commissioner Pan-ida Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Peflman
Absent - None
Also present were -
City Manager David T. Harden
City Attorney Susan A. Ruby and
Acting City Clerk Chevelle D. Nul~m
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following item:
PALM BEACH COUNTY CAUCUS OF BLACK ELECTED OFFICIALS/BLACK
TIE GALA: Provide direction regarding supporting the Palm Beach County Caucus of
Black Elected Officials Black Tie Gala m be held on August 13, 2004.
Mayor Perlman stated staff needed direction in regards to supporting the Black Tie Gala.
Commissioner McCarthy stated the event was in Delray two years ago and this year it will be
held at the Breakers Hotel in Palm Beach. Brief discussion followed by the Commission.
Mrs. Archer moved to approve the purchase of a half (1/2) page ad in the amount of
$250.00 and the purchase of up to ten (10) tickets in support of the Palm Beach County
Caucus of Black Elected Officials/Black Tie Gala, seconded by Mr. Costin. Upon roll call,
the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes: Mr. Levinson - Yes;
Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed 5-0.
Mayor Perlman declared the Special Meeting adjourned at 6:10 p.m.
ATI'£ST:
Acting City Clerk
MAYOR
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and
the information provided herein is the Minutes of the Special Meeting of the City Commission held
on Tuesday, July 13, 2004, which Minutes were formally approved and adopted by the City
Commission on July 20, 2004.
Acting City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above, this
means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
2 July 13, 2004
WHEREAS, Ernest G. Simon is a native of Delray Beach, bom on May 7, 1925; and
WHEREAS, Ernie graduated from Delray Beach Public Schools in 1942, Bucknell University with
a B.S. Degree in Commerce and Finance in 1948, the University of Miami Law School with a Juris Doctor
Degree in 1954, and served in the United States Navy in World War II; and
WHEREAS, Ernie has been a practicing attorney in Delray Beach since 1967. In addition to his
practice, he has served as Municipal Judge of Delray Beach for ten years, City Attorney of Boynton
Beach, City Prosecutor and Assistant City Attorney of the City of West Palm Beach, President of the
South Palm Beach County Bar Association, and Chairman of the Florida Bar Grievance Committee for
District 15-D; and
WHEREAS, Ernie is a member of the Advisory Board of Attorneys' Title Insurance Fund, Inc.,
The Florida Bar, Palm Beach County Bar Association, South Palm Beach County Bar Association, and
the American Bar Association; and
WHEREAS, Ernie's past community service has included service as President of the Greater
Delray Beach Chamber of Commerce; two terms as President of the Community Chest of Greater Delray
Beach; President of the Drug Abuse Foundation of Palm Beach County; President of the Rotary Club of
Delray Beach; seven terms as President of the Delray Beach Playhouse; two terms as Vestryman of St.
Paul's Episcopal Church; Board of Directors of the United Way of South Palm Beach County and Palm
Beach County, Delpac, and Palm Beach Community College Foundation; and
WHEREAS, Emie is presently involved in community service as a member of the Board of
Directors of the Drug Abuse Foundation of Palm Beach County; Devos-Blum Family YMCA of Boynton
Beach, Mae Volen Senior Center, Mizner Foundation, Rotary Club of Delray Beach, and the University of
Miami Hurricane Club. He is also a member of the Greater Delray Beach Chamber of Commerce, Delray
Beach Historical Society, Delray Beach Playhouse, Old School Square, and the American Legion Post
ft65; and
WHEREAS, Ernie has been involved in several community projects over the years to include
Visions 2000; Visions 2005; a founding member of the Delray Beach Playhouse; writer and director of
the Delray's Diamond Jubilee celebration show in 1986, Delray's Centennial celebration show in 1995,
and the annual Christmas show since 1958; and organized the Detray Beach High School Reunions
since 1974; and
WHEREAS, Emie's many awards have included "American" Award, Delray Beach Parks and
Recreation Department, 1985; News of Delray Beach Community Service Award, 1985; Life Member of
the Board of Directors, Community Chest of Greater Delray Beach, 1987; BizMart Community Service
Award, 1992; Palm Beach County Bar Association Forty-Year Certificate, 1994; Chamber of Commerce
Ken Ellingsworth Community Service Award, 2000; Fifty-Year Member Award for The Florida Bar, 2004.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on
behalf of the City Commission, and the entire community do hereby join in recognizing, commending
and honoring
ERNEST G. SIMON
for fifty years of membership in The Florida Bar, for his many accomplishments, and for his valuable
contributions to the Citizens of Delray Beach throughout the past 50 years; we extend heartfelt thanks for
his devoted service and dedicated commitment which will long be remembered and appreciated.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of
Delray Beach, Florida, to be affixed this 20th day of July, 2004.
JEFF PERLMAN
MAYOR
wHEREAS, Dekay Medical Center opened on October 4, 1982 with only 160 beds
and no cardiac program to speak of, the hospital treated a few patients that first day and has
never looked back from its meteor-like climb to excellence; and
WHEREAS, twenty-two years latex, De[ray Medical Center has a five-star rated
cardiac program with three cardiac catheterization labs performing more than 500 open-
heart procedures and more than 4,000 cardiac catheterization and balloon angioplasties
annually; and
WI-IEREAS, Delray Medical Center continues to be nationally recognized for award-
winning care; and
WHEREAS} for the third consecutive year, Delray Medical Center has been named
one of the nation's 100 Top Hospitals by Solucient, the leading source of healthcare business
intell/gence; and
WHEREAS, Delray Medical Center has received many recognitions to include
ranking among the top 5% nationwide for cardiac services by HealthGrades, for the past
three years; in the top 50 hospitals nationwide for heart and heart surgery by U.S. News &
World Report (2003); and among the best hospitals for card/ac surgery by Money Magazine
(2003); and
WHEREAS, as a state-designated Level II Trauma Center, the hospital serves as one
of only two trauma centers in Palm Beach County and provides trauma care for adults and
children in South Pakn Beach County; and
WHEREAS, Delray Medical Center offers comprehensive orthopedic (five star rated
for total knee replacement), neuroscience, and urologic programs; mental health services for
patients with psyclfiatric or substance abuse problems; and outpatient programs that include
home care and sleep disorders; and
WHEREAS, Dekay Medical Centex has an extensive community education program
to include lectures on prevention and wellness, multiple free health screenings, and support
groups for the residents of Palm Beach county; and
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby recognize and commend
DELRAY MEDICAL CENTER
for being named one of the nation's 100 Top Hospitals by Solucient for the third
consecutive year and for their commlmaent to providing a full range of superior health care
services to our community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 20e~ day of July, 2004.
JEFF PERLMAN
MAYOR
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~ - REGULAR MEETING OF JULY 20, 2004
FINAL PLAT APPROVAL/BERMUDA GARDEN ESTATES PLAT
DATE: JULY 16, 2004
This is before the City Commission to approve the final subdivision plat for Bermuda Garden
Estates. The property is a two (2) lot residential subdivision, located on the southwest comer of
South Ocean Boulevard and Bermuda Gardens Road.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Bermuda Garden Estates.
S:\City Clerk\agenda memos\l~mal Plat. Bermuda Garden Estates.07.20.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
Randal L. Krejcarek, P.E. ~"J~
15 July 2004
Bermuda Garden Estates Plat
Please find attached an agenda request for Commission approval of the subdivision
plat for Bermuda Garden Estates Plat. I have also enclosed a location map and a
reduced copy of the plat. The project consists of a two lot residential subdivision on the
south side of the Bermuda Gardens Road, which is a private street. Because this plat
is being processed as a minor subdivision, there are no other approvals required. If this
meets with your approval, please place it on the 20 July 2004 Commission meeting for
approval.
Encl.
T^C: Bermuda Garden Estates
S:\EngAdmin\TAC\Bermuda Gardens Estates~004 jul 20 agenda memo,doc
LINTON BOULEVARD
0 ~ Cl~ of DELRAY BEACH .ER.UeA GARDENS ESTATES
E~RO~E~AL 8E~OE8
~ ~ ~ A~ ~Y ~ ~A ~ 200a- 200 L~A~
Date: 15 Jul 2004 AGENDA ITEM NUMBER.'~ ~.
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda __
When: 20 July 2004
Workshop Agenda
Special Agenda
Description of Agenda Item (who, what, where, how much):
Request for Commission approval of the subdivision plat for Bermuda Garden Estates
Plat. The project consists of a two lot residential subdivision on the south side of the
Bermuda Gardens Road, which is a private street. Because this plat is being
processed as a minor subdivision, there are no other approvals required.
Staff Recommendation: Approval , ~
Department Head Signature: ~~~~6 ~
City Attorney Review/Recommendation (if' applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: NA
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: ~)/
Hold Until:
(if applicable)
No Initials:
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Bermuda Gardens Estates\2004 jul 20 agenda.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # _5~e-~ . REGULAR MEETING OF JULY 20, 2004
RESOLUTION NO. 57-04
DATE: JULY 16, 2004
This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe
structure located at 2655 Dorson Way.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessment remains unpaid.
Recommend approval of Resolution No. 57-04.
Agmemo. BOARDUP.Res No 57-04
RESOLUTION NO. 57-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS",
OF THE LAND DEVELOPMENT REGUL~ATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN
UNSAFE BUILDING ON LJ~ND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
2
Res. No. 57-04
the rate of slx percent (6%) per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (8%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 8%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
2004.
day of
ATTEST:
MAYOR
City Clerk
3
Res. No. 57-04
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
MAILING ADDRESS:
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
SECRETARY OF HOUSING & URBAN DEVELOPMENT
3280 POINTE PARKWAY SUITE 1000
NORCROSS, GA 30092-3338
2655 DORSON WAY
LOT 18, BLOCK 15, DELRAY SHORES FIRST ADDITION
ACCORDING TO PLAT BOOK 28, PAGE 2 OF THE OFFICIAL RECORDS OF PALM BEACH
COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $295.30 by resolution of the City Commission of the City
of Delray Beach, Florida, dated ,2004 has been levied against the above
described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on May 26~ 2004 that the Chief Building official had
determined that a building/structure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the city if you failed to act.
__X__ You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction
upheld the decision of the Chief Building Official.
4
Res. No. 57-04
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on April 14~ 2004
at a cost of $295.30 which includes a ten percent (10%) administrative fee. If you fail to
pay this cost within thirty (30) days, that cost plus additional administrative and recording
costs shall be recorded in the official Records of Palm Beach County, Florida against the
above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
CiWClgk
5
Res. No. 57-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~P,.., REGULAR MEETING OF JULY 20. 2004
RESOLUTION NO. 58-04
DATE: JULY 16, 2004
This is a resolution assessing costs for abatement action required to remove nuisances on four (4)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 58-04.
AgmemoCE.Res No 58-04
RESOLUTION NO. 58-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAFFER 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 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.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did enter upon the land(s) described in the list attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notice; and,
WHEREAS the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the amount(s) indicated
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent
as the lien for general city taxes and shall be collectible in the same manner as
mortgages and foreclosures are under state law.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach on the has
levied an assessment against said property for the cost of abatement of said nuisance
by the City, and that said assessment is due and payable within thirty (30) days after
the mailing date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of said assessment(s),
after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of eight (8) percent per annum plus, if collection proceedings are necessary,
the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City
Clerk within thirty (30) days after the mailing date of the notice of assessment, the
City Clerk is hereby directed to record a certified copy of this resolution in the
public records of Palm Beach County, Florida, and upon the date and time of recording
2
Res. No. 58-04
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement, interest at the rate of 8%, and
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the day of
· 2004.
MAYOR
ATTEST:
City Clerk
3
Res. No. 58-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
PINE TRAIL SEC 1, S 1/2 OF LOT 8, BLOCK 1,
PB 32, P 58, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(573 NW 46TH AVE.) FRANTZ FABIEN
12 42 46 12 07 001 0082 573 NW 4$TH AVENUE
CUST ID # 10497 DELRAY BEACH, FL 33445 $ 44.25
$ 55.00 ~DM FEE
DELRAY SHORES 1ST ADD., LOT 18, BLOCK 15,
PB 24, P 232, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(2655 DORSON WAY) SOUTHEAST ALLIANCE
12 43 46 07 02 015 0180 5040 ADDISON CIR, SUITE ~400
CUST ID # 8389 ADDISON, TX 7501 $ 68.50
$ 55.00 ADM FEE
SOPHIA FREY ADDITION, LOT 3, BLOCK 3,
PB 1, P 3, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(811 NE 7TH AVENUE) FRANCES HAYES
12 43 46 09 16 003 0030 RD # 1 BOX 347-A
CUST ID # 10227 BOLIVAR, PA 15923-9672 $ 68.50
$ 55.00 ADM FEE
TOWN OF DELRAY S 37.5 FT OF N 75 FT OF
W 130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2
BLOCK 4, PB 1, P 3, PUBLIC RECORDS OF RUBY HARRIS
PALM BEACH COUNTY, FL C/O P. C. WELLS
NW 7TH AVE 2nd VACANT LOT SO. OF 24) 7012 SUNNYSIDE LANE
CUST ID # 892 FT. WASHINGTON, MD 20744 $ 57.50
$ 55.00 ADM FEE
VIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
4
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~'~
AGENDA ITEM # ~ ~ - REGULAR MEETING OF_IULY 20. 2004
RESOLUTION NO. 59-04
DATE: JULY 16, 2004
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from three (3) properties within the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 59-04.
Agmemo.AV.Res No 59-04
RESOLUTION NO. 59-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, p%rRSUANT TO C}L~PTER 90 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING J%~NKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND DECL~LRING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that a
nuisance existed in accordance with the standards set forth in Chapter 90 of the Code
of Ordinances, and did furnish the respective owner(s) of the land(s) described in
the attached list with written notice of public nuisance pursuant to Sections 90.02
and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to
Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances,
or if the property owner(s) did request and receive a hearing, said property owner(s)
failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the
Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did remove said junked and/or abandoned vehicles owned by persons described in the
list attached and made a part hereof and incurred costs in abating the subject
nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs incurred in abating said nuisance(s) as
aforesaid; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property ow/~er(s},
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances a copy of which is attached hereto and made a part
hereof, are hereby levied against the parcel(s) of land described in said report and
in the amount(s) indicated thereon. Said assessments so levied shall, if not paid
within thirty (30) days after mailing of the notice described in Section 3, become a
lien upon the respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that
the City Commission of the City of Delray Beach on the
has levied an assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within thirty (30)
days after the mailing date of said notice of assessment, after which a lien shall be
placed on said property, and interest will accrue at the rate of 8% per annum, plus
reasonable attorney's fees and other costs of collecting said sums°
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein and shall become due
and payable thirty (30) days after the mailing date of the notice of said
assessment(s), after which a lien shall be placed on said property(s), and interest
shall accrue at the rate of eight (8) percent per annum plus, if collection
proceedings are necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been received by the
City Clerk within thirty (30) days after the mailing date of the notice of
assessment, the City Clerk is hereby directed to record a certified copy of this
resolution in the public records of Palm Beach County, Florida, and upon the date and
time of recording of the certified copy of this resolution a lien shall become
effective on the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable attorney's fee.
Res. No. 59-04
Section 6. That at the time the City Clerk sends the certified copy of
this resolution for recording, a notice of lien, in the form of prescribed in Section
90.06 of the Code of Ordinances, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the .day of
2004.
ATTEST:
MAYOR
City Clerk
Res. No. 59-04
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
CARVER SQUARE, LOTS 9 & 10, PB 24, P 11
PUBLIC RECORDS OF PALM BEACH COUNTY, FL DANIEL B. WRIGHT &
(701-713 SW 2ND COURT WILLIE L. WRIGHT
12 43 46 17 23 31 000 0090 106 NW 12TH AVENUE
CUST ID # 5000 DELRAY BEACH, FL 33444 $ 45.00
DELL PARK, LOTS 2 & 3, BLOCK 9, PB 8, P 56,
PUBLIC RECORDS OF PALM BEACH
COUNTY, FL
(256 & MORE NE 10TH STREET) DOMINGO CUEVAS, JR.
12 43 46 09 28 009 0020 256 NE lOTH STREET
CUST ID # 10518 DELRAY BEACH,FL 33444 $ 45.00
NORTHRIDGE, LOT 4, BLOCK 6, PB 23, P 168,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL VINCENT L. HILL &
(1998 NORTHRIDGE ROAD) CLARA M. HILL
12 43 46 04 20 006 0040 1998 NORTHRIDGE ROAD
CUST ID # 10519 DELRAY BEACH, FL 33444 $ 145.00
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR
LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS;
DECLARED NUISANCE
RP.~ Nh. .~.q-~4
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~ - REGULAR MEETING OF _IULY 20. 2004
SERVICE AUTHORIZATION NO. P-01/CATI~F~R INE STRONG
PARK/TETRA TECH. INC.
DATE: JULY 16, 2004
This is before the City Commission to approve Service Authorization No. P-01 to Tetra Tech, Inc. in
the amount of $160,321.00 for the detail design of the Catherine Strong Park Project
Funding is available from 334-4183-572-63.90 (General Construction Fund/Other
Improvements/Catherine Strong) and 380-4150-572-62.59 (2004 G.O. Bond/Catherine Strong
Center).
Recommend approval of Service Authorization No. P-01 to Tetra Tech, Inc. for the detail design of
the Catherine Strong Park Project.
S:\City Clerk\agenda memos \ServiceAuth.#P-0 l.Catherine Strong Pack. Tetra Tecb.07.20.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www. MyDelrayBeach. com
TO:
FROM:
DATE:
David T. Harden
Randal L. Krejcarek, P.E.
14 Jul 2004
SUBJECT:
Catherine Strong Park Design
Service Authorization # P - 01 with
Tetra Tech, Inc.
Project 2003-006
Commission Agenda Item
The attached agenda item is for Commission authorization/approval for Mayor to
execute Service Authorization #P-01 with Tetra Tech, Inc. for the detail design of the
Catherine Strong Park. This design will follow the already approved site plan.
Features of this proposed park include: surface parking, two tennis courts,
Two basketball courts, site grading, splash park and associated equipment including a
safety surface, restroom facility, passive playfield, two large and one small shelter,
fitness station, landscaping with irrigation, and lighting. Preliminary estimated
construction costs are $1,900,000.00.
The attached map shows the project location.
The total cost of this Service Authorization is $160,321.
Please place this item on the 20 Jul 2004 Commission Agenda.
Thanks!
enc
CC:
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
Diane Colonna, CRA
file
$:~EngAdmin~Projects~OO3~OO3-OO6~CONTRACT~OO4-jul-20 agenda memo. doc
4TH
AUBURN CIRCLE NORTH
g
AUBURN
TERR, SO
AUBURN CIR, S,
7TH ST.
S.W. 7TH CT.
10TH
STREET
ROYAL PALM DR, i~Jc~-// S.W, 11TH
POINSETTia DRIVE
BT.
CITY of DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT
CATHERINE STRONG PARK II°ATE:
LOCATION MaP
2003-006.0
TETRA TECH, INC. - WHS OPERATION
CONSULTING SERVICE AUTHORIZATION
DATE: July 01, 2004 ~~i ~~Si~R
SERVICE AUTHORIZATION NO. VICES
CITY P.O. NO. CITY EXPENS]~DE
TITLE: Catherine Strong Park Design Services
This Service Authorization, when executed, shall be incorporated in and shall become an inte~al
part of the Contract.
1.0 PROJECT DESCRIPTION
1.1
The scope detailed herein contains the entire scope of work to be performed for this
project, and supercedes any, previous scope and/or the boilerplate scope in the Master
Agreement.
1.2
The project includes the development of an approximately three (3) acre parcel into a
community park. The components of the park are based on the Conceptual Master Plan
, dated February 18, 2004, provided by the City and include:
· Surface parking
· Tennis courts (2)
· Basketball courts (2)
· Aesthetic Grading/Mounding
· Splash Park & associated equipment/safety surface
· Restroom facility
· Passive playfield/green space
· Shelters (2 large & 3 small)
· Fitness Stations
· Landscape
· Lighting (parking, pedestrian and sports courts)
· Irrigation
The site is located between SW 6t~ Street and SW 7th Street between 1-95 and Auburn
Avenue within the City of Delray Beach. The City is the owner of the property.
1.3
The construction budget for this project is $1,900,000.00 and the construction duration
is anticipated to be twelve (12) months from Notice to Proceed to Substantial
Completion. The Construction cost estimate is considered to be low in that it does not
provide the standard percent contingency at this level of conceptual planning. The
estimate from DBM&A uses 10% contingency and normal procedures is to use 20% to
30% contingency, especially with the equipment and earthwork associated with this
park concept.
1.4
Additional Professionals working on the project who will be subconsultants to Tetra Tech
include:
Kiser & Associates
EDA
RMPK
Song & Associates
Irrigation Design
Electrical Design
Splash Park Design
Architecture
2.0 SCOPE OF SERVICES
PART I - Conceptual/Schematic Design
2.1
Existing Site Data - The survey has been provided by the City and considered to be up
to date and accurate. The City shall provide all utility locations and service to the park
site. Revisions to the existing site data and or additional work to investigate existing
utility locations will be completed as an additional service.
2.2
Site Analysis - Tetra Tech will visit the site one (1) time in order to develop an
understanding of the site's opportunities and constraints, and will prepare a memorandum
summarizing our findings.
2.3
Design Intent - Tetra Tech will attend a meeting with the City to develop a shared vision
for the project. The purpose of this exercise is to develop an image of the project based
on the development program and themes discussed. The meeting will define the image
and design vocabulary for the project that will be used by the City and the design team to
measure the appropriateness of future design decisions. Tetra Tech will prepare a
memorandum summarizing the design intent.
2.4
Conceptual/Schematic Design - Tetra Tech will submit one (1) time, with assistance
from the City, the conceptual plan (prepared by others) developed as part of the park
development approval process for final approval from the appropriate City Divisions.
These presentations are anticipated to include Planning & Zoning Site Plan Approval.
Based on the approved conceptual plan, Tetra Tech will develop 30% construction
drawings (CD's) for the site grading, drainage, paving, utility layout and typical sections
for said elements. The 30% submittal will also define the hardscape, landscape, irrigation
and splash park conceptual elements. Revisions to the Conceptual Master Plan will be
provided as an additional service. The City shall provide one (1) consolidated set of
review comments that Tetra Tech will incorporate into the 30% construction drawings.
2.5
Conceptual Opinion of Probable Cost - Tetra Tech shall prepare a preliminary opinion
of construction costs for the elements in the Conceptual / Schematic Design Package. The
Opinion of Probable Cost shall include a 20% construction cost contingency.
Deliverables - As a resalt of these tasks, Tetra Tech shall produce the following: One (1) Conceptual Master Plan
One (1) copy of conceptaal Opinion of Probable Costs
PART II - Construction Document Development
2.6
Construction Documents - Based on the approved conceptual/schematic documents and
the 30% CD's City comments, Tetra Tech shall prepare construction documents on 24" x
36" sheets with plans prepared at I" = 30'- 0" and details prepared at appropriate drawing
scales for the development of 60% and 100% CD's of the following elements:
· Site Grading and Drainage Design
· Utility (Water & Wastewater) Plans
· Lighting and Electrical Design
· Restroom Facility Design
· Parldng, Sidewalks, Curbing and Trails Layout and Design
· Irrigation Design
· Landscape Design
· Hardscape Layout and Design
· Wellness Trails and Exercise Stations Layout and Design
· Splash Park Layout and Design
· Tennis Court Siting and Design
· Basketball Court Siting and Design
Specifically, Tetra Tech shall prepare civil plans, architectural/structural plans, landscape
plans, electrical plans, hardscape plans, irrigation plans and layout plans for the elements
identified above, as well as:
· Construction details, including details, elevations, and sections provided as necessary
to communicate the design intent and construction materials;
· Technical specifications that define materials and methods appropriate for
construction;
It is assumed that Tetra Tech will design and layout above ground components of the
Splash Park in the 30% and 60% submittals. Construction Drawings for the Splash
Park, including but not limited to pool equipment, pumping and filtration, will be
completed by a pool supplier to be included in the final 100% construction design
package.
Each professional on the team will sign and seal documents containing the work prepared by
them.
Deliverables -As a result of these tasks, Tetra Tech shall produce the following:
30% Submittal Package
Six (6) black and white sets of Construction Drawings
One (1) copy of the Opinion of Probable Cost
One (1) Outline of Technical Specifications Sections
60% Submittal Package
Six (6) black and white sets of Construction Drawings
One (1) copy of the Opinion of Probable Cost
Two (2) sets of Technical Specifications
100% Submittal Package
Six (6) sets of Construction Drawings
One (1) copy of the Opinion of Probable Cost
Two (2) sets of Technical Specifications
2.7
Opinion of Probable Cost - Tetra Tech shall prepare an opinion of probable cost at the
30% and.60% stage of completion, and the 100% submittal for all elements detailed in
the Construction Documents.
2.8
Meetings - Tetra Tech will attend up to throe (3) meetings with the City to review the
progress of the construction documents - a 30% review meeting, 60% review meeting
and a 100% review meeting. The City shall provide one (1) consolidated list of written
comments to Tetra Tech at each of the said review meetings. These comments will be
considered to be all of the City's comments on respective submittals. Minor revisions will
be incorporated into the documents based on review comments. Major revisions and
additional comments after the review meeting shall be completed as an Additional
Services.
2.9
Services Not Included - Any work required by federal, state, or local code to be
provided by a licensed professional not specified in this scope of services is beyond the
scope of the work performed by Tetra Tech.
PART III - Regulatory Permitting
2.10
Drainage, Water and Wastewater - The regulatory permitting will be initiated with
pre-application meetings with the identified agencies (one meeting per agency). The
30% plans will be used to present the park concepts and construction requirements. The
permit fees will be paid by the City directly to the appropriate agency. The City will
review the draft applications during the 60% plans review meetings. These 60% plans
and applications will be incorporate the City's comments and submitted to the
appropriate agencies. Applications fees will be paid directly by the City. The fee
assumes one response to agency comments and does not guarantee the permit will be
issued, but will diligently pursue the permit to attain the project goals and schedule.
SFWMD - One site visit will be included as part of this application.
Palm Beach County Health Department - One site visit will be included as part of
this application
Deliverables -As a result of these tasks, the Tetra Tech shall pro&tce the following:
One (1) South Florida Water Management District Permit Application
One (1) Palm Beach County Health Department Permit Application
PART IV - Bidding and Building Department Permitting
2.11 Bid Form - Tetra Tech will prepare unit price bid forms for inclusion in the bid
documents.
2.12
Bid Package - Tetra Tech will provide ten (10) sets of bid documents (including plans,
technical specifications and City-provided "front-end" documents) to the City for sale to
prospective bidders/contractors.
2.13
Issue Addenda - Tetra Tech will prepare clarifications, amendments and/or addenda to
the bid packages if needed, in response to Contractor's request and as so advised of said
necessity by the Delray Beach Purchasing Department.
2.14
Comparative Bid Anhlysis - Tetra Tech will review responsive bids submitte'd by
Contractors and prepare one (1) comparative bid analysis and recommendation letter for
the selection of a Contractor.
2.15 Pre Bid Meeting - Tetra Tech will attend one (1) pre-bid meeting to discuss the project
and answer any questions posed by prospective Contractors
2.16
Delray Beach Building Department - Tetra Tech will provide Four (4) signed and
sealed sets of Final Construction Documents for permitting. Tetra Tech will respond to
questions prepared by the City of Delray Beach Building Department and revise
drawings, as required, for issuance of a building permit.
Deliverables - As a result of these tasks, the Tetra Tech shall produce the following:
One (1) Bid Form
Ten Sets of Bid Documents issued for Bidding
One (1) Comparative Bid Analysis
Four (4) sets of singed and sealed Final Construction Drawing issued for
Permitting
PART V - Contiguous Organizations Meeting
2.17
Boys and Girls Club and Head Start - Tetra Tech will meet with the City, Boys and
Girls Club and Head Start origination one (1) time. The purpose of the meetings is to
discuss sufficient access and parking for these existing facilities during the construction
of the new park. The Boys & Girls Club will be constructing a new facility and the
demolition of the existing building will be part of the construction for the new park.
Coordination and scheduling of the meeting shall be the responsibility of the City.
PART
2.18
2.19
2.20
2.21
2.22
2.23
VI - Construction Services (Optional)
Pre Construction Meeting - Tetra Tech will attend one (1) Pre Construction meeting
with the Owner and the Contractor, to discuss important design and procedural issues
related the project.
Construction Administration Services - Tetra Tech will evaluate and approve the
Schedule of Values, determine amounts owed to the Contractor based on field
inspections, approve Certificates of Payment, interpret the requirements of the drawings
and specifications, review, and or approve or take other appropriate action upon, and
advise the City, concerning proposals and requests for Change Orders from the
Contractor.
Shop Drawings - Tetra Tech will review Contractor submittals such as Shop Drawings,
Product Data, and Samples.
Construction Observation - Tetra .Tech will be available up to eight (8) hours a month
to visit the site, as requested by the City, during the twelve-month construction period.
The purpose of the visits is to inspect and observe and become familiar with the progress
of construction and to determine the quality, quantity and prowess of the work per the
requirements of the Construction Documents and Contract. Each site visit will be
followed by a detailed field report that will outline the observations, activities and any
work Tetra Tech determines to be in non-conformance with the Contract Documents.
Substantial Completion Inspection - Tetra Tech Team will perform one (l) substantial
completion inspection and provide a Punch List of outstanding construction issues.
Final Inspection - Once the Contractor has completed outstanding Punch List Items,
Tetra Tech will perform one (1) Final Inspection to ensure that the Contractor has fully
complied with the Contract Documents. A letter stating that the Contractor has
completed all outstanding Punch List items and has complied with the intent of the
Contract Documents will follow the Final Inspection. Additional inspections required
due to incomplete work on behalf of the Contractor will be completed as an additional
service.
Deliverables - As a result of these tasks, the Tetra Tech shall produce the following:
Twelve (12) Certificates of Payment
Shop Drawings and Samples are required
Twelve (12) Field Reports
One (1) Substantial Completion Punch List
One (1) letter of Final Completion
PART VII- Additional Services
2.13
Additional Services - Tetra Tech will provide Additional Services as mutually agreed
upon between Tetra Tech and the City. Additional Services may include, but not be
limited to:
Revisions to Conceptual Master Plan
· Additional Opinion of Probable Costs
· Additional Submittals
· Additional Meetings
· Additional Site Visits
· Additional Printing
· Construction services or certifications for as-built conditions for permits
· Geotechnical Services
3.0 BUDGET
· 3.1
Parts I through V - Tetra Tech shall bill the City a lump sum fee for each Part of the
Scope of Services as listed below, and as further detailed in Attachment 'A' Project Fee
Budget. Direct expenses are included in the fees outlined below. The project will be
invoiced monthly on a percent complete of each Part of the Scope of Services.
Part I Conceptual/Schematic Design $18,060
Part II Construction Documents $95,211
Part Eli Regulatory Permitting $14,090
PartlV Bidding and Building Dept. Perm/tting $14,961
Part V Contiguous Organization Meetings $ 2,998
Reimbursables $10,308
Subconsultant Administration $ 4,694
Total Fee (does not include Construction Services)
$160,321
3.2
Parts VI - Tetra Tech shall bill Part VI Construction Services as a mutually agreed
additional service, if authorized by the City.
3.3
Part VII - The fee for Part VII, Additional Services, shall be billed using the Hourly
Rate Schedule, contained in the Continuing Services Agreement or as an agreed upon
fixed fee, if authorized by the City..
4.0 PERFORMANCE SCHEDULE
Tetra Tech is prepared to begin work on the project immediately upon receipt of a fully
executed Notice to Proceed. The following is a general schedule for completion of each
part:
· Part I-Conceptual/Schematic Design by August 13, 2004 from NTP
(anticipated NTP date - July 23, 2002) (3 weeks)
Part II - 30% submittal by September 10, 2004, 60% submittal by October 10,
2004, 100% submittal by November 5, 2004 assuming NTP on August 23, 2004.
(3 weeks for each phase plus a week between phases for review and
modifications)
Total time scheduled to be 115 calendar days, not including holidays and other
delays not controlled by the Consultant, e.g., hurricanes, information delays,
agency delays, etc..
This service authorization is approved contingent upon the City's acceptance of and satisfaction
with the completion of the services rendered in the previous phase or as encompassed by the
previous service authorization. If the City in its sole discretion is unsatisfied with the services
provided in the previous phase or service authorization, the City may terminate the contract
without incurring any further liability. The CONSULTANT may not commence work on any
service authorization approved by the City to be included as part of the contract without a further
notice to proceed.
Approved by:
CITY OF DELRAY
Tetra Tech WHS, Inc
Date
Date
By:
(Seal)
Witness
Witness
Attest: Attest:
Approved as to Legal
Sufficiency and Form
BEFORE ME, the fo.r~going
instrument, th~s,
day of '"~'~ ,ak ,2004,
acknowledge~d
was by
on behalf of 'fhe
and said person executed the
same free and voluntarily
for the purpose there-in
expressed.
Witness my hand and seal in
the County and State
aforesaid this tg~ day of
~',x_~l ,2004.
Notary Public ....
State of Florida
My Commission Expire~i.~)"
Corporation
MY COMMISSION # CC 984896
EXPIRES: November 30, 2004
Date: 14 Jul 2004 AGENDA ITEM NUMBER:~
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda Special Agenda
When: 20 Jul 2004
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to execute Service
Authorization #P-01 with Tetra Tech, Inc. for the detail design of the Catherine Strong
Park. This design will follow the already approved site plan. Total cost of this service
authorization is $160,321.00.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~/No
Initials:
Yes
AccountA,N~mber 3~4-4183-572-63.90 ($114,570.00), 380-4150-572-62.59 ($45,751.00)
Description 2004 G.O. Bond/Catherine Strong Center
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: ~)/No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2003\2003-006\CONTRACT\2004-jul-20 agenda.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~' - REGULAR MEETING OF JULY 20. 2004
SERVICE AUTHORIZATION NO. 04-02/ARCADIS/LNW
DATE: JULY 16, 2004
This is before the City Commission to approve Service Authorization No. 04-02 to Arcadis/LNW in
the amount of $20,990.00 for the U.S. 1 and Tropic Boulevard Signalization Design Project.
The design will include coordination with both Palm Beach County and the Florida Department of
Transportation (FDOT). On April 13, 2004 the Commission approved a Joint Participation
Agreement 0PA) with the FDOT for the signalization of this intersection. The JPA will reimburse
the City up to $300,000.00 m costs associated with the design and construction of a fully actuated
signal and associated hardware to be fully integrated into the Palm Beach County Traffic Signal
System. The City will be responsible for any costs over this amount.
Funding is available from 334-3162-541-65.68 (General Construction Fund/US 1 at Tropic
Boulevard).
Recommend approval of Service Authorization No. 04-02 to Arcadis/LNW in the amount of
$20,990.00 for the US 1 and Tropic Boulevard Signalization Project.
&\City Clerk\agenda memo~\ ServiceAuth.#O4-02.Arcadi~ LNW.Tropic Blvd. Signalization.07.20.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www. MyDelrayBeach.com
TO:
FROM:
DATE:
David T. Harden
Randal L. Krejcarek, P.E.
14 Jul 2004
SUBJECT:
US 1 @ Tropic Boulevard Signalization Design
Service Authorization # 04-02 with
Arcadis/LNW
Project 2004-030
Commission Agenda Item
The attached agenda item is for Commission authorization/approval for Mayor to
execute Service Authorization #04-02 with Arcadis/LNW for the signalization design of
the intersection of US 1 & Tropic Boulevard. This design will include coordination with
both Palm Beach County and Florida Department of Transportation (FDOT).
Commission approved a Joint Participation Agreement (JPA) with the FDOT for the
signalization of this intersection at the 13 Apr 2004 Commission meeting. The JPA will
reimburse the City of costs associated with the design and construction of a fully actuated
signal and associated hardware to be fully integrated into the Palm Beach County Traffic
Signal System. The City will be reimbursed up to $300,000.00. Any costs associated
with this project over this amount will be the responsibility of the City. This agreement is
valid until 31 January 2006.
The attached map shows the project location.
The total cost of this Service Authorization is $20,990.00.
Please place this item on the 20 Jul 2004 Commission Agenda.
Thanks!
eric
cc:
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
Diane Colonna, CRA
file
S:VEngAdmin~Projects~OO4~OO4-O3OtOFFICIAL~2OO4-jul-20 agenda memo.doc
LIN TON BOULEVARD
~ ~ ~ ClW of DELRAY BEACH us1 e TROPIC BOULEVARD
E~RONME~AL 8E~CE8 DEPA~E~ SI GNALI ZATI ON
~ ~ ~ A~ ~Y ~ ~A ~ 2004-050
DATE:
EXHIBIT A
CONSULTING SERVICE AUTHORIZATION
PROJECT NUMBER
#04-02 FOR CONSULTING SERVICES
SERVICE AUTHORIZATION NO.
CITY P.O. NO.
TITLE:
CITY EXPENSE CODE
US 1 and Tropic Boulevard CITY PIN
2004-030
This Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the Contract.
TITLE: Traffic Si.qnal Desi.qn
I PROJECT DESCRIPTION
US 1 and Tropic Boulevard
· Engineering design for the construction of a traffic signal at the intersection of US 1 and Tropic
Boulevard. Included will be signal plans, roadway construction plans, and signage and
pavement marking plans.
The design of the signal will conform to the requirements of the FDOT and Palm Beach County.
LNW will schedule and attend meetings with Palm Beach County and the FDOT to discuss and
coordinate the proposed improvements. LNW will prepare a permit application package for the
signal installation for review and approval by the FDOT.
II SCOPE OF SERVICES
Phase I - Study and Report Phase
A conceptual plan of the proposed roadway and signal improvements will be prepared. The
plan will consist of horizontal alignment plans illustrating the existing and the proposed
conditions.
Collect traffic data from the FDOT and Palm Beach County, and perform an analysis of the
traffic data and signal timing. The traffic data will be analyzed to determine the
recommended signal timing and phasing.
Phase II - Preliminary Design Phase
Consultant shall provide preliminary design phase services in accordance with the Agreement for
Engineering Services with the City, dated April 28, 2004.
S:\EngAdmin\Projects~004~004-030\CONTRACT~004 jul 13 sa.doc
A preliminary design (letter report) shall be used to accurately define the scope and
characteristics of the project. Development of this document will begin immediately after
the first project meeting, and will be used to direct the activities necessary to design the
facilities and develop construction documents. This document will include verification of all
existing right of way. Verification of right of way shall consist of research of recorded plats
and other documents on file with the City of Delray Beach and Palm Beach County. A title
search is not included.
Field reconnaissance of the project corridor will be performed. Photograph log walk-
through will be included. In addition, potential underground existing facilities will be
identified.
Coordination with utility agencies shall be performed to collect record information. This
includes reconciling apparent discrepancies between record information and existing
photographic and field-verification information. Initial meetings will be conducted with the
utility companies to determine the requirements and time frames for the relocation of utility
facilities underground.
A preliminary plan for the proposed roadway and signal improvements will be prepared. All
efforts will be made to minimize known utility and structural conflicts. The preliminary plans
will be reviewed with the City and Palm Beach County.
Following selected preliminary City review, a preliminary cost opinion including construction
cost and allowance for engineering costs and contingencies shall be prepared.
At the outset of the project, the Consultant shall meet with the appropriate permitting agencies to
determine potential permitting requirements. Agencies anticipated to have jurisdiction over the
project include: Florida Department of Transportation (FDOT), Palm Beach County Traffic Division,
and City of Delray Beach. A table listing the identified permitting agencies and associated permit
fees shall be prepared and included in the Preliminary Design Report.
The Preliminary Design Letter Report shall contain schematic layouts and conceptual
design criteria for the proposed signal and roadway improvements. ^ preliminary cost
opinion will also be provided. Two copies shall be submitted in draft form for review by City.
Consultant shall conduct one preliminary design review meeting with the City and Palm
Beach County traffic Division following the preliminary design report submittal. The Final
Preliminary Design Report will incorporate City comments and five copies shall be
submitted.
Phase III - Final Design Phase
Consultant shall provide final design phase services in accordance with the Agreement for
Engineering Services with the City, dated April 28, 2004.
Consultant shall prepare construction drawings which shall include: cover sheet, general
notes, plan/profile drawings, signal plans, signing and pavement marking plans, and detail
sheets conforming to the requirements of the current City of Delray Beach Minimum
Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile.
Consultant shall prepare the engineering design elements on topographic survey
information prepared by Consultant's surveyor using AutoCAD Release 14 format.
2
Contract documents consisting of "front-end" documents and technical specification shall
conform to City of Delray Beach Standards and the FDOT Standard Specifications for Road
and Bridge work. Consultant shall furnish digital copy of contract documents in Microsoft
Office compatable format.
Drawings and specifications (two copies) shall be submitted for City review at 50%, 90%
and 100% stages. Consultant shall meet with the City to discuss comments, and
incorporate comments into final documents. Each stage will be reviewed via a review
meeting with the Consultant.
Consultant shall furnish with the 100% design drawings, one (1) mylar set, one (1) set of
CAD files in electronic format on a Cdrom per the City of Delray Beach standards. One (1)
set of CAD files in DVVF electronic format, and one (1) set of contract specifications and
cost estimates in PDF electronic format per the City of Delray Beach standards will also be
provided.
Prior to bidding, Consultant shall prepare a detailed opinion of probable construction cost
based upon the completed final design drawings and specifications approved by the City.
The cost opinion shall reflect changes in general scope, extent or character of design
requirements incorporated during the various design review stages.
Phase IV - Biddin;INe¢totiation
Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for
construction (including materials, equipment and labor). It is anticipated that work shall be
awarded under a single construction contract. The City shall receive and process deposits
for bidding documents and shall maintain a record of prospective bidders to whom bidding
documents have been issued.
Consultant shall issue addenda and shall provide supplemental information or clarification,
as appropriate, to interpret, clarify, or expand the bidding documents to all prospective
bidders during the bid project. Consultant shall provide City with PDF files of all written
addenda, and DWF files of all addenda drawings, in electronic format.
Consultant shall attend the bid opening, shall prepare and furnish digital copy of bid tab
sheets in Microsoft Office compatable format and assist City in evaluating bids and
proposals, and in assembling and awarding contract for construction. Consultant shall
submit to City a written recommendation concerning contract award.
Other - Survey
Consultant shall furnish the services of a professional surveyor to provide survey services
consisting of field topography and horizontal locations referenced by baseline stationing. All
existing facilities and utilities within the full right-of-way of the established construction limits will be
referenced by baseline station with an offset distance (left or right) from baseline for the project and
will include the following.
Topography survey at 100-foot intervals and at major ground elevation changes to depict
existing ground profile at proposed project area. This shall be accomplished by creating a
baseline in the field to collect pertinent data which shall include the following:
Location of all visible fixed improvements within the right-of-way (including 5-feet
back on each side of the right-of-way) of the project limits, including physical
objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power
3
poles, buildings, and other encumbrances, including point curvature and point of
tangency.
Location of all known above ground existing utilities: FP & L, BellSouth, Cable TV,
Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters).
Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter,
manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm
Sewers (pipe diameter, manhole invert elevations and direction, catch basins, and
rim/grate elevations), and all other accessible structures.
This will include coordination with the City of Delray Beach. Underground piping
shall be pot-holed by City in a timely fashion.
Identify platted rights-of-way (including bearing and distances for centerline), lot
numbers, house address, ownership lines, block numbers and dedicated
easements.
Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline
grades, edge of pavement grades and shoulder grades, Iow points and all right-of-
way lines. Intermediate grades shall be indicated at all grade breaks, driveways and
sidewalks. Sufficient grades shall be indicated in the driveways and parking areas
to indicate direction of grade.
Provide and reference benchmarks at maximum 600-foot intervals. Elevations to
be referenced to an existing established City or County Benchmark.
The above topographical survey data will be prepared in AutoCAD (Version 14) format at a
scale of 1"=20', as one continuous file. The City of Delray Beach standard layering system
shall be followed. The CAD drawing shall also include the location of utility pot holing.
Other- Permittin;I
At the outset of the Design Phase the Consultant shall meet with the appropriate permitting
agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction
over the project include: Palm Beach County Traffic Division (PBCTD), Florida Department of
Transportation (FDOT), and City of Delray Beach.
Permit applications shall be completed for PBCTD, FDOT, and City of Delray Beach. Associated
permit application fees shall be determined by Consultant and paid by City.
In addition to preparing the permit applications for appropriate regulatory agencies, Consultant
shall assist the City in consultations with the appropriate authorities. Consultation services shall
include the following:
· Attend up to one (1) pre-application meeting with the staff of each of the regulatory
agencies.
Attend up to two (2) meetings with each of the regulatory agencies during review of the
final permit applications.
4
· Respond to request(s) for additional information from each agency.
ADDITIONAL SERVICES
Consultant shall provide additional engineering services related to the provision of drainage and
roadway improvements to the project area that are not covered under this Service Authorization.
These additional services may be required to address uncertainties discovered during survey, soils
investigations, field verification of existing facilities and conditions, and potential property or
easement acquisitions. Services performed under this task will be on as-directed basis in
accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issues
shall contain the following information and requirements.
· A detailed description of the work to be undertaken.
· A budget establishing the amount of the few to be paid in accordance with the
Agreement.
· A time established for completion of the work.
III. TIME OF PERFORMANCE
The completion dates for this work will be as follows (starting at written notice-to-proceed).
EnRineerin,q Services
Time per Phase
Cumulative Time
Phase I(1) 4 weeks 4 weeks
Phase II 3 weeks 7 weeks
Phase III(2) 4 weeks 11 weeks
Phase IV 4 weeks 15 weeks
m lncludes field survey
(2) Permits will be prepared during Phase III time period.
IV. COMPENSATION
The compensation for services provide shall be billed on an hourly basis plus reimbursable
expenses for each phase of work in accordance with Article VII, Method Ii, up to the following not
to exceed cost for each phase.
En,qineerin.q Services
Estimated Fees
Phase I - Conceptual Design Phase
Phase II - Preliminary Design Phase
Phase III - Final Design Phase
Phase IV- Bidding Phase
Field Survey
Sketch and Legal Descriptions
(If Required)(4@$400.O0)
Out of Pocket Expenses
$ 3,500.00
$ 3,500.0O
$ 3,000.00
$1,600.00
$ 7,59O.O0
$1,600.00
$ 200.00
TOTAL PROJECT COST
NoNs:
$20,990.00
5
(1) Out-of-Pocket Expenses inc/ude the fo/lowing: printing/reproduction and postage.
This service authorization is approved contingent upon the City's acceptance of and satisfaction
with the completion of the services rendered in the previous phase or as encompassed by the
previous service authorization. If the City in its sole discretion is unsatisfied with the services
provided in the previous phase or service authorization, the City may terminate the contract without
incurring any further liability. The CONSULTANT may not commerce work on any service
authorization approved by the City to be included as part of the contract without a further notice to
proceed.
Approved by:
CITY OF
Dat~
Mayor
CONSULTANT: Lawson, Noble & Webb, Inc.
Date July 12, 2004
By:
(Seal)
Witness
Witness
Attest:
Approved as to Legal
Sufficiency and Form
Attest:
BEFORE ME, the foregoing
instrument, this 12
day of July ,2004,
was acknowledged by
on behalf of the Corporation
and said person executed the
same free and voluntarily for the
for the purpose there-in
expressed.
Witness my hand and seal in
the County and State
aforesaid this '12 day of
July ,2004.
Notary Public
State of Florida
My Commission Expires:
6
City of Delray Beach Survey Requirements
The survey should include the following:
Platted rights-of-way (include bearing and distances for centerlines), lot numbers,
block numbers, and dedicated easements. House address numbers.
All improvements, physical objects, driveways, and significant landscape (i.e. trees,
shrubs) within the right-of-way.
All underground utilities. Inverts on sanitary and storm sewers shall be indicated as
well as, locations of water valves and meters. Coordination with the Sunshine State
Call One Center for location of other underground utilities shall be the surveyor's
responsibility.
All topographical surveys shall have stationing established from south to north and
west to east where applicable.
Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline
grades, edge of pavement grades, and shoulder grades. Intermediate grades shall
be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the
right-of-way line and one 15 feet back) shall be indicated on the driveways to
indicate direction of grade. Finished floor elevations of each habitable structure
shall be included.
The survey shall include topography of the complete intersection at the terminal end
of each street.
7
Date: 14 Jul 2004
Request to be placed on:
X Consent Agenda
Vfnen: 20 Jul 2004
AGENDA REOUEST
AGENDA ITEM NUMBER:~
Regular Agenda Workshop Agenda
Special Agenda
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for Mayor to execute Service
Authorization ~04-02 with Arcadis/LNW for the signalization design of the intersection
of US 1 & Tropic Boulevard. Total cost of this service authorization is $20,990.00.
Design cost to be reimbursed by Florida Department of Transportation.
Staff Recommendation: Approval / / ~
City Attorney Review/Recommendation (if applicable):
BudgetDireetor ]~view (requ,ired on a~l items involving expenditure of funds):
~Funding Available: ~/ No Initials: .Yes, LAP w/FDOT
334-3162-541-65.68
US 1 @ Tropic Blvd
$300,000
Funding Alternatives:
City Manager Review:
Account Number
Description
Account Balance:
Approved for Agenda: ~Y~ / No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
(if apphcable)
S:\EngAdmm\ProjoctsX2004X2004-030\OFFICIALX2004-jul-20 agenda.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER %
AGENDA ITEM # r> ~-~ - SPECIAL MEETING OF JULY 20. 2004
CHANGE ORDER NO. 2/FINAL PAYMENT/T.L.C. DIVERSIFIED. INC.
DATE: JULY 16, 2004
This is before the City Commission to approve Change Order No. 2 in the net add mount of
$506.70 and final payment in the amount of $28,058.29 to T.LC. Diversified, Inc. for completion of
the Rehabilitation Project for Lift Stations 19, 57, and 80.
Funding is available from 442-5178-536-61.83 (Lift Station Conversion to Submersible).
Recommend approval of Change Order No. 1 and final payment to T.LC. Diversified, Inc.
S:\City Clerk\agenda memos\Change Order. TLC Diversified. Lift Station Rehab.07.20.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
www.mydelraybeach.com
David Harden, Ci_~nager
Victor Majten53i,~Vonstruction Manager
REItABILITATION OF LIFT STATIONS 19, 57, 80 (P/N 2003-016)
Agenda Request; Change Order #2/Final and Final Payment
July 13, 2004
Attached is an Agenda Request for Change Order #2/Final in the amount of $506.70 and a request
for final payment in the amount of $28,058.29 to T.L.C. Diversified, Inc. for the completion of
Rehabilitation of Lift Stations 19, 57, and 80, P/N 2003-016.
City Commission previously approved a change order to the original contract of $263,859.00. On
January 6, 2004, Change Order gl was approved in the amount of $148,400.00 for costs associated
with rehabilitation of two additional Lift Stations, #27 and #33. Change order #2 covers repairs to
an irrigation pump at Lift Station #57.
The project is complete with all closeout documentation received. A contractor evaluation is
attached for your review.
Staff recommends approval of Change Order #2/Final and final payment to T.L.C. Diversified,
Inc. Funding is from account 442-5178-536-61.83, after budget transfer.
Richard Hasko, P.E.; Director of Environmental Services
Randal Krejcarek, P.E.; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
Carolanne Kucmerowski; City Clerks Office
Agenda file; 07/20~04
Project File; 2003-016(A)
S:kEngAdmin\Projects~2003L2003-0 I6\OFFICIAL~Agnd memo CO#2 Fin TLC 07.20.04.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 / Final PROJECTNO. 03-016 DATE:
PROJECT TITLE: Rehabilitation of Lift Stations 19, 57, and 80
TO CONTRACTOR: T.L.C. Diversified, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Miscellaneous repairs to irrigation pump at Lift Station/457 site.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 0.2 %
TOTAL PER CENT INCREASE TO DATE 56.4 %
$263,859.00
$148,400.00
$412,259.00
$5O6.70
$412,765.70
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
T.L.C. Diversified, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
-Funding is available from accounts: 442-5178-536~1.83
DEPARTMENT
FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
APPROVED:
Environmental Services
ATTEST:
By:
City Manager
City ARorney City Clerk
S:~EngAdmin~Projects~2003~2003-016\CONSTRCT~COg2 Final TLC Diversified 07.20.04.doc
AGENDA REQUEST
Agenda Item No.:~:~
Request to be placed on:
DATE: July 13, 2004
X
__ Regular Agenda
Special Agenda
__ Workshop Agenda
When: July 20; 2004
Description of item (who, what, where, how much):
Staff requests Commission approval of Change Order #2/Final in the amount of $506.70 to T.L.C.
Diversified, Inc. for Rehabilitation of Lift Stations 19, 57, and 80, PIN 2003-016. This change order is for final
plus/minus quantities and miscellaneous repairs. Staff also requests approval of final payment in the amount
of $28,058.29.
Funding is from Account # 442-5178-536-61.83 (Lift Station Conversion to Submersible), after budget
transfer.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation:
Staff recommends approval of Change Order #2/Final and final payment to T.L.C Diversified, Inc.
completion of the Rehabilitation of Lift Stations 19, 57, and 80, P/N 2003-016.
Department Head
Signature:
Determination of Consistency with Comprehensive
Plan:
for the
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available YES/NO
Funding alternatives
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: ,,~,,~/NO ¢-¢¢/U/~
Hold Until: L.,/ ~/v - /
Agenda Coordinator Review:
Received:
Placed on Agenda:
See above
See above
(if applicable)
Action:
Approved/Disapproved
file 2003-016(A)
SAEngAdmin~ProjectsX2003~2003-016\OFFIClAL~Agnd req CO#2 Fin TLC 07.20.04,doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~_
AGENDA ITEM # ~-~ - REGULAR MEETING OF JULY 20, 2004
RESCIND CONTRACT AWARD/CHANGE ORDER NO. 1/FIN^I.
PAYMENT/ENGINEERED ENVIRONMENTS. INC.
DATE: JULY 16, 2004
This is before the City Commission to rescind the contract award to Engineered Environments, Inc.
for the Beach Lifeguard Towers, Phase II Project and approve Change Order No. 1 in the net deduct
amount of $100,786.00 and final payment in the amount of $3,918.00 to Engineered Environments,
Inc. for project close-out expenses. The Florida Department of Environmental Protection (FDEP)
has rescinded the Notice to Proceed until after November 1, 2004 and the contractor will not hold his
price that long.
Funding is available from 334-6112-519-62.14 (General Construction Fund/Lifeguard Towers) and
115-0000-248-80.00 (Special Projects Funds).
Recommend approval to rescind the contract award to Engineered Environments, Inc., Change
Order No. 1 in the net deduct amount of $100,786.00, and final payment in the amount of $3,918.00
to Engineered Environments, Inc.
S:\City Clerk\agenda memos\Rescind Contract. Change Order No. 1.Final PaymentEngineered Environments.07.20.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
David Harden, City Manager
Victor Majteny~ns~ction Manager
www. mydelraybeach, corn
BEACH LIFEGUARD TOWERS, PHASE II (P/N 2003-045)
Commission Agenda Item; Rescind Contract Award, Change Order #1/Final
DATE: JULY 13, 2004
Attached is an Agenda Request for City Commission to rescind the award and closeout the
contract to Engineered Environments, Inc. for the construction of two lifeguard towers at the
municipal beach, towers N-1 and S-1, by approving Change Order #1/Final in the deduct amount
of $100,786.00. In addition, approve request for final payment in the amount of $3,918.00.
On Wednesday, February 4, 2004, the City opened bids for this project. There were only two
bids received; the lowest at $104,704.00 from Engineered Environments, Inc., the next at
$143,409.00 from GTE Builders.
In late September 2003, the Florida Department of Environmental Protection (FDEP) approved
the permit and issued the notice to proceed for the project. As part of the permit, Special Permit
Conditions attachment, item #10, specifically prohibits construction activity "...seaward of the
dune crest during marine turtle-nesting season (March 1 through October 31)". At the mandatory
preconstruction meeting with the FDEP's field representative, the notice to proceed was
rescinded due to the construction means and methods required in placing the piles. The project
architect, David Miller, has written to the state requesting a waiver, only to be declined. Staff and
architect have met with the contractor to review alternative methods of construction and options
for contract execution, including holding contract prices until November 1, 2004. It was mutually
agreed, to achieve the proper design bearing from the piles, any method other than auguring,
which requires a large crane (30' piles), would be a compromise. The option of holding contract
prices until November was not favored by the contractor, as his material prices have already
increased since bid.
Deduct Change Order #1/Final is the residual after reimbursing the contractor his actual cost of
the bid bond, $2,618.00 (2.5% of contract), and negotiated close-out of project related expenses,
$1,300.00 (1.24% of contract), for a total of $3,918.00.
Staff plans to re-advertise the construction of these two towers along with the next two
programed in FY '04-'05, in August 2004. This will provide ample time to secure a bid, execute
contracts, and acquire all the preconstruction submittals required to promptly start construction
on November 1.
S:~EngAdmin~Projects~2003~2003-045\CONSTRCT~agda memo Eng Env 07.20.04.doc I of 2
Staff recommends rescinding the award and closing out the contract to Engineered
Environments, Inc. for the construction of the Beach Lifeguard Towers, N-I and S-t project,
P/N 2003-045, with the approval of deduct Change Order #1/Final in the amount of
$'100,786.00. Funds will be liquidated from P.O.#618680 to accounts 334-6112-519-62.14,
General Construction Fund/ Lifeguard Towers ($49,582.00), and 115-0000-248-80.00, Special
Projects Funds ($51,200.00).
CC;
Richard Hasko; Director of ESD
Randal Krejcarek; C~ Engineer
Rafael Ballestero; Dep. Dir. of Construction
Joe Weldon; Director of Parks & Recreation
Rich Connell; Assist. Director of Parks & Recreation
Carolanne Kucmerowski; City Clerk's Office
Agenda File; 07/20/04
File 2003-045(A)
S:~EngAdmin~Projects~003~2003 -045\CONSTRCT~agda memo Eng Env 07.20.04.doc 2 of 2
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1/Final PROJECTNO. 03-045 DATE:
PROJECT TITLE: Beach Lifeguard Towers S-I and N-I
TO CONTRACTOR: Engineered Environments, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Close out of contract with the following costs reimbursed: Bid Bond premium of $2,618.00 and negotiated project related costs of
$1,300.00, for a total of $3,918.00.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER -3.74 %
TOTAL PER CENT INCREASE TO DATE -3.74 %
$104,704.00
$o.oo
$104,704,00
($100,786.00)
$3,918.00
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Engineered Environments, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts: 334-6112-519-62.14 (-$49,582.00), 115-0000-248-80.00,-$51,200.00).
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
APPROVED:
Environmental Services
ATTEST:
By:
City Manager
City Attorney City Clerk
S:~EngAdminL°rojects~2003~2003-045\CONSTRCT~CO# 1 Final Eng Env 07.20.04.doc
AGENDA REQUEST
Agenda Item No.:
Request to be placed on:
DATE: July 13, 2004
X
__ Regular Agenda
Special Agenda
__ Workshop Agenda
When: July 20, 2004
Description of item (who, what, where, how much): Rescind award and close out the contract to
Engineered Environments, Inc., for the construction of two Lifeguard Towers, N-1 and S-1, at the
municipal beach, PIN 2003-045, with the approval of Change Order #1/Final in the net deduct amount of
$100,786.00. Aisc, approve final payment of in the amount of $3,918.00. Funds will be liquidated from
P.O.#618680 to the following accounts:
Fundin9 Source
General Construction
Lifeguard Towers.
Account Number
Amount
Fund/ 334-6112-519-62.14 $49,582.00
Special Projects Fund
115-0000-248-80.00
$51,200.00
Total Deduct Change Order #1/Final
$100,786.00
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends rescind of award of contract to Engineered Environments, Inc. for
the construction of two Beach Lifeguard Towers (N-1 and S-1), P/N 2003-045, and approval of Change
Order #1/Final and final payment./~.~ .
~i;Pn~trtu rme~nt Head J/~ F ,.~. ~/,~~
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available YES/NO
Funding alternatives
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
See above
(if applicable)
See above
Action:
Approved/Disapproved
file 2003-045(A)
SAEngAdminXProjects~2003k2003-045\CONSTRCT~agnd rcq Eng Env 07.20.04.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # "~ ~ -REGULAR MEETING OF JULY 20, 2004
AGREEMENT/AOUATEC SYSTEMS/LEON WEEKS PARK HABITAT
MANAGEMENT
DATE: JULY 16, 2004
This is before the City Commission to approve an agreement between the City and Aquatec
Systems, in the amount of $50,698.45 for the offsite mitigation for Heritage Park to the Leon Weeks
Preserve. The Heritage Park developer has funded $47,032.00 and the balance of $3,666.45 will be
funded by the City.
The Planning and Zoning Department recently processed a site plan for the "Hurricane Pines Tract"
just west of U.S. 1 and south of S.E. 10e" Street, which is a townhouse development known as
Heritage Park. During the process, the developer was required to mitigate the loss of 3.3 acres of
the hal~ltat. Since the development site was a "Sand Pine" habitat, the mitigation site was
determined to be Leon Weeks Park, which runs along the same ridge, but further south. The value
of the loss of habitat was estimated to be just under $50,000.00, and the developer of Heritage Park
was required to deposit a check with the City in the amount of $47,032.00, and to provide a work
plan that would utilize the funds for the Leon Weeks Park.
Funding is available from 119-4151-572-60.69 (Beautification Trust Fund/Improvements/Other).
Recommend approval of the contractor agreement between the City and Aquatec Systems for the
offsite mitigation for the Leon Weeks Park Mitigation Project.
S:\City Clerk\al~nda mmms \Agreement. Aquatec Systems.Leaon Weeks.07.20.04
Memorandum
Community Improvement
Horticulturist
DELEAY BEACH
1993
2001
TO:
THROUGH:
FROM:
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
NANCY DAVILA, HORTICULTURIST
LEON WEEKS PARK HABITAT MANAGEMENT CONTRACT
DATE: JULY 12, 2004
ITEM BEFORE THE COMMISSION: The item before the Commission is the consideration of approval
ora contract with Aquatec Systems in the amount of $50,698.45 to remove invasive vegetation within a 4
acre portion of Leon Weeks Park and to install and water native plant materials to infill bare areas. The
contract also requires quarterly inspections and the removal of invasive plants which will span a period of
450 days.
BACKGROUND: The Planning & Zoning Department recently processed a site plan for the 'Hurricane
Pines Tract' just west of US I and south of SE 10th Street, which is a townhouse development know as
Heritage Park. During the process the developer was required to mitigate the loss of 3.3 acres of the
habitat. Since the development site was a 'Sand Pine' habitat, the mitigation site was determined to be
Leon Weeks Park, which runs along the same ridge, but f~rther south. The value of the loss of habitat was
estimated to be just under $50 thousand, and the developer of Heritage Park was required to deposit a check
with the City in the amount of $47,032.00 and to provide a work plan that would utilize the funds in Leon
Weeks Park.
The environmental plan was prepared by J.J. Goldasich and Associates, Inc. The majority of the funds are
proposed to be spent on the removal ofinvasive exotics and the ongoing maintenance. Upon review of the
plans it was suggested that the City contribute a small portion, $3,666.45 to increase the quantity of plant
materials installed. Approximately $10,500 will be spent on the new uative plant materials and the
watering required ensuring their survival.
Goldasich is associated with a firm Aquatec Systems who can execute the work plan. Approval of the
proposed contract presented by Aquatec would enable the work to be done as a "mm key" operation.
Although it is a sole bid, it would cost the City a considerable amount to have a scope of work developed
by a consultant and then issue a formal bid. This would erode the amount of money which could be spent
on physical improvements to Leon Weeks Park.
RECOMMENDATION: Staff recommends the City Commission give favorable consideration to the
proposal by Aquatec Systems for the offsite mitigation for Heritage Park to the Leon Weeks preserve, in
the amount of $50,698.45 based on the work plan developed by J.J. Goldasich & Associates. Funding in the
amount of $47,032.00 has already been deposited in Revenue Account 119-0000-366-51.04 bythe
Developer, and the balance of $3,666.45 will be funded by the City Parks Department.
cc: Paul Dorling, Planning & Zoning Director
Joe Weldon, Parks & Recreation Director
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND CONTRACTOR
THIS AGREEMENT made this __ day of ,20~, by and between
the CITY OF DELRAY BEACH (hereinafter called CITY) and
(hereinafter called CONTRACTOR).
WITNESSETH:
The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter
set forth, agree as follows:
1. The undersigned CONTRACTOR hereby represents that he has carefully
examined all contract documents, and will perform the contractual requirements pursuant to all
covenants and conditions.
2. The CONTRACTOR, as evidenced by the execution of this Contract,
acknowledges that he has examined the physical characteristics of the job requirements. The
CONTRACTOR further acknowledges that the contract price includes all costs and expenses
required for the satisfactory completion of the contract requirements.
3. The contract between the CITY and the CONTRACTOR shall ipclude the
following documents which are attached hereto and incorporated herein by reference:
CONTRACT DOCUMENT/S
Standard Form of Agreement 1-4
Corporate Acknowledgment 5
Certificate of Corporation 6
Specifications & Pricing 7-9
4. The term of this contract shall commence upon execution by both parties
and extend until the work outlined in the specifications has been completed. However,
the Agreement may be terminated by the CITY upon 30 days written notice, in its sole
discretion, provided that the CITY shall compensate the CONTRACTOR for all work
performed and accepted by the CITY up to the date of termination, including any
reimbursable expenses incurred up to the date.
5. This agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement shall be Pall Beach
County, Florida.
6. All notices, requests, demands, and other given if personally delivered or mailed,
certified mail, return receipt requested, to the following addresses to:
As to City: City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
As to Contractor: AQUATEC SYSTEMS
3141 FORTUNE WAY, SUITE 4
WELLINGTON, FL 33414
7. The CONTRACTOR shall not, without prior written consent of the CITY,
assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall
not assign any moneys due or to become due without the prior written consent of the CITY.
8. The CITY and the CONTRACTOR each binds himself, his partners, successors,
assigns and legal representatives to the other party hereto in respect to all convenants, agreements
and obligations contained in the contract documents.
9. The CONTRACTOR, for good and valuable consideration shall indemnify,
defend and save harmless the CITY, its officer's agents, and employees, from or on account of
any claims, damages, received or sustained by any person or persons resulting from the work
provided for this Project; or by or in consequence of any negligence in connection with the same;
or by use of any improper materials or by or on account of any use of any improper materials or
2
by or on account of any act or omission of the said CONTRACTOR or his subcontractors,
agents, servants or employees. CONTRACTOR agrees to defend, indemnify and save harmless
the CITY, its officers, agents and employees, against any liability arising from or based upon the
violation of any federal, state, county or city laws, by-laws, ordinances or regulations by the
CONTRACTOR, his subcontractors, agents, servants or employees.
CONTRACTOR further agrees to defend, indemnify and save harmless the CITY, its
officers, agents, or employees from all such claims, fees, and from any and all suits and actions
of every name and description that may be brought against the CITY or its officers, agents or
employees on account of any claims, fees, royalties, or costs for any invention or patent, and
from any and all suits and actions that may be brought against the CITY, its officers, agents, or
employees for the infringement of any and all patents or patent rights claimed by any person, firm
or corporation.
The indemnification provided above shall obligate the CONTRACTOR to defend at his
own expense or to provide for such defense, at the CITY'S option, any and all claims or liability
and all suits and actions of every name and description that may be brought against the CITY, its
officers, agents, or employees which may result from the operations and activities under this
contract whether the work be performed by the CONTRACTOR, his subcontractor or by anyone
directly or indirectly employed by either. This indemnification includes all costs and fees
including attomey's fees and costs at trial and appellate levels.
10. This Agreement shall be considered null and void unless signed by both the
CONTRACTOR and the OWNER.
11. The contract documents constitute the entire agreement between the CITY and
the CONTRACTOR and may only be altered, amended or repealed by a duly executed written
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day
and year first above written.
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:.
Mayor, Jeff Perlman
City Attorney
WITNESS:
CONTRACTOR:
By:.
(Print or Type Name)
(Print or Type Name and Title)
(SEAL)
4
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
The foregoing instrument was
,2000 by __
agent, title of officer or agent) of
acknowledging), a
of the corporation. He/She is
acknowledged before me this day of
(name of officer or
(name of corporation
(state or place of incorporation) corporation, on behalf
personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public
Print, Type or Stamp Name of
Notary Public
CERTIFICATE
(if Corporation)
STATE OF FLORIDA
COUNTY OF
)
) ss
)
)
I HEREBY CERTIFY that a meeting of the Boazd of Directors of
, a corporation under the laws of the State of
held on., 2000 the following resolution was duly passed and adopted:
"RESOLVED, that , as
President of the corporation, he/she is hereby authorized to execute the Agreement dated
· 2000, between the City of Delmy Beach, Florida, and this
corporation, and that his execution thereof, attested by the Secretary of the corporation
and with corporate seal affixed, shall be the official act and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the corporation this day of ,2000.
(Secretary)
(Seal)
6
Scope of Work:
Leon Weeks Park Mitigation Plan
Proposed by:
Aquatec Systems
3141 Fortune Way, Suite 4
Wellington, Florida 33414
1. Initial exotic plant eradication and removal of 4.0 acres at Leon Weeks Park.
· Hand removal of 100% exotic and invasive vegetation within the 4.0 acre
area.
· Vine growth within canopy is to be cut near base of tree and treated with
an herbicide.
· Off-site disposal of all removed vegetation.
· Herbicide treatment of remaining stumps.
· The initial clean-up includes herbicide treatment of all exotic and nuisance
plants within the 4.0 acre preserve area. The price includes all chemicals,
materials and labor. Unsuitable soils or hydrology, or unnatural weather
are not included.
Total Cost $ 25,598.45
2. Follow-up treatment to begin 2 months after the initial clean-up and continue
through a 6 month period:
· Hand removal of 100% exotic and invasive vegetation within the 4.0 acre
area.
· Vine growth within canopy is to be cut near base of tree and treated with
an herbicide.
· Off-site disposal of all removed vegetation.
· Herbicide treatment of remaining stumps.
· The maintenance includes herbicide treatment of all exotic and nuisance
plants within the 4.0 acre preserve area. The price includes all chemicals,
materials and labor. Unsuitable soils or hydrology, or unnatural weather
are not included.
Cost for first follow-up treatment (60 days after initial)
Cost for second follow-up treatment (120 days after initial)
Cost for third follow-up treatment (180 days after initial)
$ 2,400.00
$ 2,400.00
$ 2,400.00
$7, 200.00
7
3. The first six months are covered by the above bi-monthly maintenance. Quarterly
maintenance of 4.0 acres Leon Weeks Park shall begin at the end of the initial 6
month maintenance period. Aquatec Systems shall begin quarterly maintenance
90 days after the completion of the third follow-up treatment.
.The maintenance includes herbicide treatment of all exotic and nuisance
plants within the 4.0 acre preserve area. The price includes all chemicals,
materials and labor. Unsuitable soils or hydrology, or unnatural weather
are not included. This is based on uninterrupted maintenance
The first six months are covered by the above bi-monthly maintenance
Maintenance 90 days after completion of 6 month maint.
Maintenance 180 days after completion of 6 month maint.
Maintenance 170 days after
$2,500.00
$2,500.00
$2,500.00
Total cost of quarterly maintenance
$7,500.00
Plantings to be installed within 4.0 acre area of defined work area as a result of
the initial clean-up.
· 100,3-Gallon Sand Pine 15' o.c.
· 40, 3-Gallon Sand Live Oak ~ 15' o.c.
· 300, 1-Gallon Fetterbush ~ 5' o.c
· 300, 1-Gallon, Blueberry ~ 5' o.c.
· 250, 1-Gallon, Saw Palmetto ~ 5' o.c.
Total Planting Cost $ 5,900.00
Watering of planted material
· Watering of installed plantings every other day for two weeks, and weekly
for two months.
Total watering costs $ 4,500.00
Total Project Cost - Leon Weeks Park Mitigation
1. Initial Clea~-up
2. Monthly Maintenance
3. Quarterly Maintenance
4. Plant materials installation
5. Watering new materials
$25,598.45
7,200.00
7,500.00
5,900.00
4,500.00
$50,698.45
Date: July 14, 2004 Agenda Item No. ~
AGENDA REQUEST
Agenda request to be placed on:
X Regular __ Special
When: July 20, 2004
Description of Agenda Item:
Leon Weeks Park Habitat Management Contract
Workshop Consent
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all i[el~s involvigg,expen~titure of funds):
Funding Available. Y~_~.ff No
Funding Alternatives:
Account # & Description:
City Manager Review:
ApprovedHold Until:f°r agenda: ~ / No ~
Agenda Coordinator Review:
~if applicable)
Other Improvements 119-4151-572-6~.~ $47,032.00
Parks & Rec ltti- qtSt. 5 ~[..t '~b,l,q $ 3,666.45
Received:
Action: Approved / Disapproved
TO:
THRU:
FROM:
SUBJECT:
DA~f_[DT.,J:JARDEN, CITY MANAGER
PAUL DORLING{, DIRECTOR OF PLANNING & ZONING
S~CO~ ARO~'~NS N, PARKING MANAGEMENT SPECIALIST
MEETING OF JULY 20, 2004 - CONSENT AGENDA
APPROVE A REQUEST FROM JOHN HOCK ENTERPRISES, INC.
TO PREPAY IN FULL FOR THE UTILIZATION OF SIX (6) PARKING
SPACES IN THE SANDOWAY LOT TO ACCOMMODATE
EMPLOYEE PARKING DURING THE CONSTRUCTION OF A HOME
LOCATED AT 1108 COCONUT ROW
John Hock Enterprises, Inc. has contracted to demolish and rebuild the home located at
1108 Coconut Row. Coconut Row, located east of Gleason Street just south of the
Sandoway Lot, is a twelve foot (12') wide road which dead ends into the back of Sandoway
House and allows access to the four (4) homes on the street. Given the narrow width of the
street and restricted parking in the surrounding area, John Hock Enterprises, Inc. is
requesting to prepay for metered parking spaces in the Sandoway Lot for employees. The
request is for six (6) parking spaces to be utilized Monday through Friday for approximately
seven (7) months beginning from the date the building permit is approved. The demolition
permit has been approved while the building permit is currently in the review process. As the
demolition will take approximately two (2) days, the contractor will use quarters in the meters.
The construction start date is not anticipated until August.
The amount due has been calculated by multiplying the hourly meter rate of $0.75 per hour
by eight (8) hours per day by six (6) spaces totaling $36.00 per day. The duration of the
project, excluding weekends and holidays is 135 days for a total of $4,860.00.
The attached parking passes will be issued to John Hock Enterprises, Inc. to be displayed on
the employee's vehicles' dashboards. It will be the responsibility of a John Hock Enterprises,
Inc. to assure that the passes are properly displayed. The Parking Enforcement Specialists
will be forwarded a copy of the pass with instructions of the arrangements
At their meeting of July 8, 2004 the Development Services Management Group (DSMG)
reviewed and supported the applicant's request.
By motion, approve the request from John Hock Enterprises, Inc. to prepay for six (6) parking
spaces, for a period not to exceed 135 days, in the Sandoway Lot to accommodate
employee parking during the construction of a home at 1108 Coconut Row.
Attachments: Letter of Request
Dashboard Pass
Desien - Build
General Contractor cQc 058334
Building Homes & Relationships
July 1, 2004
Mr. Scott Aronson
Parking Management Specialist
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: 1108 Coconut Row
Dear Scott:
Per our conversation regarding parking during construction at 1108 Coconut Row, John
Hock Enterprises would like to pay the City of Delray Beach, in advance, for the use of 6
parking meters for the duration of the project. The project duration is estimated at seven
to eight months. If possible, we would like to pay for seven months with an option to
extend for the additional month if needed.
I would be happy to come discuss this with you at your convenience or you can call me at
(561) 276-8887. We anticipate beginning demolition on July 20th and would like to have
the parking spaces reserved beginning at that time. We would only require the reserved
spaces during the Monday - Friday workweek.
~~Sincerely,
Ryan Hock
314 NE 1st Avenue, Delray Beach, FL 33444 · Phone (561) 276-8887 ° Fax (561) 276-8216
NI-AmedcaCity
1993
2001
City of Delray Beach
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
{561) 243-7000
mydelraybeach.com
JOHN HOCK
ENTEI~I~I~I~E~
Valid in Sandoway Lot Only
Monday through Friday Only
EXPIRES /
/2004
Horticulturist
2001
TO: DAVID HARDEN CITY MANAGER
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
FROM: NANCY DAVILA ~
RE: LAKE IDA ROAD CHANGE ORDER # 3
DATE: JULY 7, 2004
ITEM BEFORE THE COMMISSION
The item before the Commission is the approval of Change Order # 3 for Lake Ida Road
Beautification resulting in an increase of $19,819.55 from the previous change order, but
resulting in a net decrease from the original contract, in the amount of $48,850.97. The
original contract price was $382,845.88 and the final contract amount is $333,994.91.
BACKGROUND
This change order is primarily a result of irrigation valve changes and additional
mainline, additional plant materials due to hardscape changes made during roadway
construction, and additional excavation work, to remove rock and debris.
RECOMMENDATION
Staff, and the City's Consultant Debora Turner with Jerry Turner & Associates
recommend the City Commission give favorable consideration to the proposed Change
Order #3, resulting in a net decrease in the contract amount from $382,845.88 to
$333,994.91 for the contractor Reed Landscaping, PO # 609037 for Lake Ida Road
Beautification, Project # 2002-20.
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 3 PROJECT NO. 2002-020 DATE: July 6, 2004
PROJECT TITLE: Lake Ida Road Beautification - Congress Ave to Military Trail
TO CONTRACTOR: Reed Landscaping, Inc. 951 SW 121 Avenue, Ft. Landerdale, Fl 33325-3807 (954)476-1426
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/minus quantity adjustments and changes per at~ached Schedule "A". Changes to irrigation system due to minor irrigation
changes. Increase of plant materials due to hardscape changes.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER: 6%
TOTAL PER CENT DECREASE TO DATE: 8.7%
$ 382,845.88
$(- 68,670.52 )
$ 314,175.36
$ 19,819.55
$ 333,994.91
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contxacted for under benefit of competitive bidding..
~R~ e'd ~~d§caping, in~
(Conlxactor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source: 119-4151-572-63.20. This bid involved 3 different projects funding sources. Medians 6 & 7 are funded
out of Keep Palm Beach County Beautiful Grant with 50% match from City. Medians 1,2,3,4,5,8 & 9 are funded from
discretionary funding from County Commissioner, which will be reimbursed upon completion of the project. Please do not
liquidate funds from these accounts until a final reconciliation has been done.
Change Order It I Reed Landscaping Lake Ida Road
Page 1 of 2
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
APPROVED:
for Community Improvement
City Attorney
By:
ATTEST:
By:
Mayor Jeffery Perlman
City Clerk
Change Order # 1 Reed Landscaping Lake Ida Road
Page 2 of 2
ATTACHMENT "A" CHANGE ORDER # 3 - REED LANDSCAPING
LAKE IDA ROAD
Median 6 & 7 (Keep Palm Beach Beautiful Grant)
Item #
00010 Median # 6 140' Mainline Wire
00011 Median # 6 Valve
$ 856.80
195.00
$1051.80
Medians 1,2,3,4,5,8 & 9 (Discretionary Funds Com. McCarty)
Item #
00001 Excavation -Rernoval of unsuitable material
00002
00003
00004
00005
00006
00007
00008
00009
00012
00013
00014
00015
00016
00017
00018
00019
Median # 2 - 30' Mainline
Valve
Median # 3 - 150' Mainline Wire
Median # 3 Valve
Median # 4 - 140' Mainline Wire
Median # 5 - 155' Mainline Wire
Delete (1) I ½" Valve
Median # 5 (2) 1" Valves
Median # 8 - 160' Mainline Wire
Median # 8 - Valve
Median # 9 Lateral Lines
Median # 9 - Valve
Median # 9 - 31 heads
Median # 9 177 Juniper
Median # 9 - 10.37 Yds Mulch
Median # 9 - 18 Yds Soil
$10,000.00
183.60
195.00
918.00
195.00
856.80
948.60
(195.00)
300.00
979.20
195.00
1,500.00
195.00
465.00
1,380.60
362.95
288.00
$18,767.75
Total Increase Change Order # 3
$19,819.55
Original Contract Sum
Previous Authorized Change Orders
Contract Sum Prior to Change Order # 3
Contract Increase Change Order # 3
New Contract Sum
$382,845.88
(68,670.52)
$314,175.36
19,819.55
$333,994.91
Date: July 14, 2004 Agenda Item No. ~'~
AGENDA REQUEST
Agenda request to be placed on:
__ Regular __ Special Workshop X Consent
When: July 20, 2004
Description of Agenda Item:
Change Order #3 for Lake Ida Road Change - Decrease in Amount
Lake Ida Road Beautification Project #2002-20
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required 9n all items involving expenditure of funds):
Funding ~vailable: ~e$//No
Funding Alternatives: (if applicable).
Account # & Description: I i~- q l~-~ ~,,2'6~,,2~ '~ '~'C.~t~'~, ~'~.60'/ fc[,
City Manager Review:
Approved for agenda: ~S~ No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
[lTV OF DELRI:IV BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
1993;
Writer's Direct Line: 561/243-7091
MEMORANDUM
DATE: July 15, 2004
TO:
FROM:
City Commission
David Hard{~n, City Mana_.qer
Brian Shutt, Assistant City Attorney
SUBJECT: Hold Harmless Agreement with Gloria Irish
The attached hold harmless agreement allows the property owner to replace her
concrete driveway and walkway with brick pavers as well as installing brick pavers
in certain other areas which are over a utility easement. The agreement provides
that the City may perform any work it needs to the utility and the owner shall hold
harmless the City for any damage that may be caused to the brick pavers that are
located in the utility easement.
Our office requests that this item be placed on the July 20, 2004 City Commission
agenda. Please call if you have any questions.
Attachment
CC:
Chevelle Nubin, Acting City Clerk
Randal Krejcarek, City Engineer
07/B1/2004 14:25 561732B654 BLT.'DELBOSQLE.'REz" P_~C_.E m
R. Brime S~mu. Boq.
llqmlfmy R,mmdm, ~ ~
HOLD HARMLESS AGREIMENT
~LMPROVIMENTS PI~CKD WITHIN A UTILITY
THIS HOLD HARMLESS AGRBKMEN'F. is entered bio thb I,. d~y of'
~mmaer re~re~ m n 'CITY~) nd
re~rrcd to as 'OWNKR').
~ i'I"N £$ S ET H:
'7'/~/.~// . (mei,mter
WHEIiEAS, OWNER owns pl~0pefl~ Ioclted
· l~lr&y
1. Tbs mcimions met rortlm ~ove rare incorpormd b~in.
caund to the as a rcsult of mnimmenco within the
public utility eutmeat or any action broqht apimt ~be CITY u s ruult of ~be
/~A ~£Z-q io the public ufilhy etsemet
NOW, 'rHERKl~)lt~, for b maul coveuma ud rouen m roflft herein, u o~ the
d~e m foflh above, tho paflin h~reby nllfee n bbs':,
07/01/2884 14:25 5S17329S54 ~LT:][YF_LBOS~UE:RE=' PAGE 02
or dc~ribee d~c public u~i~
3. That OWNKR wifl2s to inmll
OMflqBR is ~Je owner of Im~J~r~ dcscfibcd io Exhibit 'A~, which
~ret, as shown o~ ExhJbi~ 'B'. in ~e public mili~ ememmut pursuaat ~o ~e C~ of Deiray
Beth Code of Ordbunces.
4. OWNER ,cknowled~ 2~ ~ CITY ~ e~ume no fupomllx~ or
improvement, in Ihe public utility casanmf, m sccozdmJcc wilh the Code of Ordimm~ of
CITY.
from ny nd ~11 chMu, sub. caus~ of acliou or any chim wlmuoever nude, and
which may result f~Mn ~be placeme~ or exb~etJce of the ~,~/~,~_~ Mid
imi~ovemmts in ~ pubIh: ~,lfi,y ctmmm. OWlqZR timber qre~ m hold ~bc CITY,
a~etm, officers, mpioyee &ud servmu Imflnk~s for any dmmp
~ and xuocimed imp~ovenmms OW~%~KR places within
p~bllc utiliey emement. It is understood tim ny corn for rc~ or r~ of the
and nsoch~d bnprovem~s shall be ~be OWNER'S
rupomibili~y, and the CITY Mil ~o~ be held ~ b m~y dam~e ~o d~e
aBd anoch2d ~ as a result of an~, mmmmm~ o~
cOfUlJuc, fimJ within Ihe ptlblJc ut~'ty eascmc~ by ~ CITY.
~7/0Z/2~04 14:25 5&17328~54 ~I-T:~LBO~LIE:R~" PAC.~ 03
CITY:
7. This Asrcunmt shall b~ bindin~ on the Parlie~, their respective hcim, 8uccessees,
legal ~v~, mM I~mit~d ~ md sba~l be reco~bd in the Public Records of Palm
8. This .'~ ahall be governed by and e. onsmmd in neeotdnnce wi~h ~ laws
of tho S~to of FJoL~da. Vmuc for my daim or hwsu~ arising ou~ of ~his ASroema~ shall be in
Pdm Beach County,
IN WrfN~.~ WHEREOF. the partie bemo brave eu2red info ~Ms agreenJf~ thc da~
nd yen' run wrltlen 2ove.
A*FTEST:
i y:
By:
Cq Attorney
CITY OF DEI. BAY BP. ACH. FLORIDA
By:
3
BT/O1/2804 14:25 551732B654
004 0~:21 FAX ~G127U4(~
~LT: ~LBOC~/~: RE~"
COUNTY
· 200_'[by ~Z.~ ~,q .'"~ ;.~g (mm, oroflker or asent), of
(nam. of corporation), s..~__.~___ (State or place o;
jncorponstlon) coq~ormion, on b~half of tho corporation. He~Sh~ is J~I:~MLLy. IaJL~. to me or
has produced __ (tTpe of identifl~) as identification and did/did
David A Voshon
MYCOivlMISSION# 00010161 EY, HRE$
Ma~h 18, 2005
$lpmure ofN~ ~ -
4
MAP OF BOUNBaRY SURVEY
CBS
R = 107,22'
LOT 17
I
20 40
NO ID
A . 10'38'41'
R - 356.35'
pELICAN Y/AY
FLOOD INFOR~MATION
£1T¥ OF DELHI:I¥ BER£H
DELRAY BEACH
Ail-America Ci~
1993
2001
TO:
FROM:
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000
M O DUM
David T. Harden
City Manager
tr~o~ert A. Barcinski
Assistant City Manager
DATE: July 15, 2004
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING JULY 20~ 2004
SPECIAL EVENT APPROVAL - 10TM ANNUAL DELRAY BEACH
CRAFT FESTIVAL
ACTION
th
City Commission is requested to endorse the 10 Annual Delray Beach Craft Festival to be held
th th
on September 18 and 19 from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR
Section 2.3.6 (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic Avenue,
and the Hand's parking lot for vendor parking and to authorize staff support for police security.
BACKGROUND
Attached is a request and permit from Howard Alan Events, Ltd. for this event. Part of the
proceeds will be shared with the Joint Venture. The City is requested to provide police security
for this event. The event sponsor will provide vendor approval, site clean up, port-o-lets, and
barricading. Barricades will be left on Friday and set up by the sponsor. No overtime is
anticipated for barricading. The estimate for Police overtime is approximately $2,135.00. Last
year's event cost were $1,906. This is not a new event. The event sponsor has provided a hold
harmless agreement, event budget, and site plan. Signage per LDR's Section 4.6.7(D)(3)(j)(i)
can be installed one week prior to the event and must be under 20 square feet. However since
there is on-going construction on NE 4th Avenue I am recommending that the show be set up on
the two (2) blocks south of Atlantic Avenue. Mr. Alan has agreed to this change. Additionally, I
am recommending the use of the Vittorio's lot for vendor parking versus the Hand's lot.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit, per changes
in site and parking, and approval of staff support for police security with the sponsor paying all
police overtime costs. Contingent on receipt of the certificate of insurance.
RAB/tas
File:u.'sweeney/event
Doc:howardalan Iff annual
THE EFFORT ALWAYS MATTERS
April 7, 2004
AII4Et~I~,tI'5 FINF_ZT
Mr. Robert Baminski
Assistant City Manager
City of Delray
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Barcinski:
We are planning for the I0th Annual Delray Craft festival, to be held September 18 & 19, 2004 on NE
and SE 4th Avenue from NE 1st Street to SE 1st Street. Atlantic Avenue and bypasses will remain open.
Please be advised that the following logistics for the I0th Annual Delray Craft Festival will be arranged:
Street Closure: Bob's Barricades will drop off barricades on Friday, September 17, 2004, and our
employees will set them up early Saturday morning.
Police: Geoff Williams at the Delray Police Department will arrange for Police and Security from 10:00
am - 5:00 pm on Saturday and Sunday, and overnight Saturday from 5:00 pm - 6:00 am.
Port-O-Lets and Dumpster: 3 regular and 1 handicap port~o-let have been ordered through Able
Sanitation and will be dropped off on Friday, September 17, 2004 and will be picked up on Monday,
September 20, 2004 with servicing on Sunday, September 19, 2004. They will be placed next to the
Library.
A 20-yard roll off dumpster is ordered from Waste Management and will be dropped off on Friday and
picked up on Monday as well.
Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up
crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day.
Vendor Parking: Parking will be at Hand's Parking Lot. (North side next to NE 1st Street)
Insurance: City required certificates will be issued.
Bob, thanks for all your great help. If you have any questions, please feel free to call me at (954) 472-
3755.
9695 W. BROWARD BLVD. · PLANTATION, FLORIDA 33324
(954) 472-3755 · FAX (954) 472-3891
www.artfestival.cora
City of Dekay Beach
Special Event Permit APR !/~ 20Q'Ii~'"~a
Application c,~'~,~
PLEASE PRINT
Event Name/Title: t.O¥'''' ,~. .,J ,..,..x ~ _/~.~['~ ~ ~J~'/~(
Event Time(s): ~ ~ ~ [ x
EventSponsor/Produ~r:~ ~o~ ~d~ ~(
Event ContacECoordinator: ~ ~ ~ ~A~
Name: ~ ~',[:~- ~,, ~.~
Address: ~ ~ .~~ ~t~ .~1~1o~.
Telephone Number:~ff-~A~' Cellular Number:
E-mailAddress: ~~~. ~
Event Description~urpose:
Sponsor Category (please check)City n Non-Profit/Charitable [] .,~rivate []
Co-Sponsor- Non-Profit/Private []
(If Non.profit attach proof of 501c(3) or (d))
Event Location (Describe area boundaries of event/location):
Site plan attached
(Site plan required for entire event site)
Event budget attached
(Required for all events)
yes ~
no
yes no
Serving or selling alcoholic beverages yes
no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
Event certificate of insurance attached yes no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music
(Waiver required)
Requesting Police assistance
(traffic COntrol/security)
yes
yes v~
Will supplement with private security
(If yes, need plan attached)
yes
Requesting Emergency Medical assistance yes
Requesting barricade assistance yes /
Requesting trash removal/clean up assistance yes
Requesting trash boxes and liners
yes
Requesting stage use yes
(If yes, check type)
Large stage covered [] Large stage no cover []
Half small stage []
Requesting signage
Type: Event sign
no
no
Small stage []
yes J no
Directional signs ~' '-~.~_ hc~,.~- Coc,L~ ~,,~.
Banner hanging. Indicate dates required
(Waiver required if more than one (f) week prior to event)
Food and beverage vendors
If yes, approximate number
Health Department approval
Other vendors
yes
yes
no
no
yes, tent permtrs and fire inspections ~rnaybe needed)
no
Will the event include amusement ddes yes no
(If yes, type and location and copy of liability insurance required)
Will the event be gated
(Show on-site map)
yes. no
Will there be fireworks or other pyrotechnics
(if yes, contact Fire Marshall)
Will there be coOking with compressed gas
(If yes, contact Fire Marshall)
yes no
Will you be providing port-a-lets for the event yes
yes no
./
no
,/
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event yes no
(If Yes, indicate ticket prices) . ~
Is reserved parking requested yes no
~--~n~cto r/Cg. erdinato r ,., I~e -
Please 'enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. l=t Avenue, Delray Beach, Florida 33444.
For Staff Use OnlyI
Date Received '--fl~--~]O-~ ~ Application fee received $1LTJJt~L/ (~
Site map ~/ ~
Budget c/' ~
Certificate of insurance ..r ~..d,.
Hold Harmless agreement ~' ~-~
Security plan
Waiver alcoholic beverage.
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
American Craft Endeavors
10th Annual Downtown Delray Craft Festival
September 18 & 19, 2004
PROPOSED BUDGET FOR September 2004
Income
Number of Crafters 110
Number of Food Vendors 3
Total Revenue
EXPENSES
Advertising:
Boca Raton News
Palm Beach Post
South Florida Newspaper
Sun Sentinel
Advertising SubTotal
Services:
Permit
Signage
Sanitation
Sanitation
Sanitation
Barricades
Security
Rentals
Graphics for advertising
Payroll
Rental Property
Lodgings and meals, travel
One Million Dollar liability ins policy
Administrative Overhead
Crafter Revenue
Food Vendor Revenue
Service SubTotal
Total Expenses
Expense
Expense
Expense
Expense
Palm Beach County Health Expense
AA Sign Lines Expense
Anderson Rentals Expense
BFI Expense
Pro Fest Expense
Bob's Barricades Expense
City Of Delray Beach Expense
Pro Fest Expense
Expense Expense
Helayne Stillings & Staff Expense
Delray Joint Venture Expense
Expense
Expense
telephone, mailings,etc Expense
$16,600
$1,049.40
$17,549.40
$708.50
$1,551.12
$325.00
$1,544.80
$4,129.42
$25.00
$600.00
$503.50
$746.36
$370.00
$212.00
$1,059.08
$114.70
$75.00
$1,677.80
$2,000.00
$4OO.O0
$426.00
$1,100.00
$9,308.44
$13,437.86
Show Profit $4,t t t .54
[lTV OF I]ELR#Y BERgH
D[LRAY BEACH
Ail-America City
1993
2001
100 N.W. 1st AVENUE. D£LRAY BEACH, FLORIDA 33444 · 561/243-7000
MF..MORANDUM
David T. Harden, City Manager
FROM: ~ Robert A. Barcinski, Assistant City Manager
DATE: July 8, 2004
SUBJECT:
AGENDA ITEM REGULAR CITY COMMISSION MEETING
JULY 20, 2004 SPECIAL EVENT REQUEST - 5TM ANNUAL DELRAY
BEACH THANKSGIVING WEEKEND ART FESTIVAL
ACTION.
City Commission is requested to endorse the 5th Annual Delray Beach Thanksgiving Art
Festival to be held on November 27th -28th, 2004 from 10:00 a.m. until 5:00 p.m. to grant
a temporary use permit per LDR Section 2.3.6(H) for the use of NE 2"d Avenue, from the
alley just north of Atlantic to NE 4th Street, and to authorize staff support for traffic
control and security.
BACK~iROUND
Attached is a request and permit from Howard Alan Events, Ltd. for this event. Part of
the proceeds will be shared with the Joint Venture. The City is requested to provide
police traffic control and security for this event. The event sponsor will provide vendor
approval, site clean up, port-o-lets, barricading, and nighttime security. Police will be
paid at the overtime rate. Staff recommends that barricades be provided and set up by the
City. The estimated cost for overtime is $2,110. Last year's event costs were $2,160.
The budget for this event, a hold harmless agreement and site plan all attached. Signage
per LDR's Section 4.6.7(D)(3)(j)(i) can be installed one week prior to the event and must
be under 20 square feet.
We also have the Christmas Tree Lighting ceremony and entertainment the night of
November 27th.
RECOMMF~IDATION
Staff recommends endorsement of the event, approval of the temporary use permit and
approval of staff support for police traffic control and security with the sponsor paying all
overtime costs contingent upon receipt of the certificate of insurance.
RAB/tas
cc: Lt. Geoff Williams
File:U:S WEENEY/EVENTS
Doc:Howard Alan Thanksgiving 2004
THE EFFORT ALWAYS MATTERS
April 7, 2004
A,M£~IC.A'$ FINEZT
Mr. Robert Barcinski
Assistant City Manager
City of Delray
100 NW l't Avenue
Delray Beach, FL 33444
Dear Mr. Barcinski:
We are planning for the 5h Annual Downtown Delray Thanksgiving Weekend Art Festival, to
be held November 27 & 28, 2004 on NE 2"d Avenue from NE 1st Street to NE 4th Street in
Pineapple Grove.
Please be advised that the following logistics for the 5h Annual Downtown Delray
Thanksgiving Weekend Art Festival will be arranged:
Clearance: A 14' clearance for emergency traffic will be provided throughout the entire show
area.
Street Closure: Bob's Barricades will drop off barricades on Friday, November 26, 2004, and
our employees will set them up early Saturday morning as follows:
12 barricades just past the alley
10 barricades on the corner of NE 2nd Avenue and NE 1st Street
14 barricades on the corner of NE 2nd Avenue and NE 2nd Street
14 barricades on the corner of NE 2n" Avenue and NE 3rd Street
5 barricades at the crosswalk between NE 3r~ Street and NE 4th Street on the west side
by Publix
Police: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00
pm on Saturday and Sunday with 2 officers for daytime security, and 2 overnight security
officers on Saturday from 5:00 pm - 6:00 am.
Port-O-Lets and Dumpster: 3 regular and 1 handicap port-o-lets will be ordered through Able
Sanitation and will be dropped off on Friday, November 26, 2004 and will be picked up on
Monday, November 29, 2004, with servicing on Sunday, November 28, 2004. They will be
placed in the parking lot of the deserted Publix.
A 20-yard roll off dumpster is ordered from Waste Management will be placed in the deserted
Publix parking lot. It will be dropped off on Friday and picked up on Monday as well.
9695 W. Broward Blvd.
9695 W. BROWARD BLVI~qnta~on,IFLA~:J~I~[~AT1ON, FLORIDA 33324
( 954 ) 4 ~ ~'~'5375~ ~ F~9~4~ ~'.'.'.'.'.'.'.'.'.'~8~172- 389 l
~.A~TFES~VA~com
Trash Receptacles: Trash receptacles will be supplied and maintained by our professional
clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each
day.
Vendor Parking: Parking will be at the vacant Publix parking lot.
Insurance: City required certificates will be issued.
If you have any questions, please feel free to call me at (954) 472-3755.
Al n Pr sident
9695 W. Broward Blvd,
Plantation, FL 33324
(954) 472-3755 ~ Fax (954) 472-3891
www. ARTFESTIVALcom
Special Event
Ap~h.at~n
PLEASE PRaT
Event Name/Title: F-->'P"~,,,Jlad~"~cx.,t~d~
Event Date(s): .~,.lo~. a.e~--~
Event Time(s): (:~l~o~b-'
Event Sponsor/Producer: ~o[
fivent Contac~Coordinator:
Telephone ~umber:
fi-mailAddress: ~ ~ ~j~l .~m
Event ~escripti~u~ose:
Sponsor Category (please check) City [] Non-Profit/Charitable [] Private
Co-Sponsor- Non-Profit/Private []
(If Non.profit attach proof of $01c(3) or (cO)
Event Location (Describe area boundaries of event/location):
Site plan attached
(Site plan required for entire event site)
Event budget attached
(Required for all events)
Serving or selling alcoholic beverages
yes
yes ~ no
yes no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
1
Event certificate of insurance attached yes no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music yes no
(1/Vaiver required)
/
Requesting Police assistance yes c/ no
(traffic control/security)
Will supplement with private security yes
(If yes, need plan attached)
/
Requesting Emergency Medical assistance yes
/
Requesting barricade assistance yes
Requesting trash removal/clean up assistance yes
Requesting trash boxes and liners
yes
Requesting stage use yes
(If yes, check type)
Large stage covered [] Large stage no cover []
Half small stage []
Requesting signage
Type: Event sign
Banner hanging.
no c///
no
no j~
no
Small stage []
(Waiver required if more than one (f) week prior to event)
yes J no
Directional signs /'~p~-~_ Ac[~r.~ ~'ooL~,J~C.
Indicate dates required ~Jod z..~, --~Jo, JZ.~,'-, Zoo~'
Food and beverage vendors yes ~ no
If yes, approximate number /o
Health Department approval ~J; ~.t.~(;~ yes no
Other vendors yes no ~
Tents ~'13 ~1o ~' yes no ~/
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides yes no
(If yes, type and location and copy of liability insurance required)
Will the event be gated
(ShOw on-site map)
yes no
Will there be fireworks or other pyrotechnics yes
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas yes.
(If yes, contact Pire Marshall)
Will you be providing port-a-lets for the event yes,~ no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event
(If yes, indicate ticket prices)
yes
Is reserved parking requested
yes
no .j
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use On/~ ~.~,~
Date Received ~fi'~l['~[ ~
Application fee received $/'~, ~,-~ ~
Site map / ~
Budget ~ ~
Certificate of insurance
Hold Harmless agreement ,/ ~
Security plan
Waiver alcoholic beverage.
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
\\essrvOO~\t'
I ill
Howard Alan Events
5th Annual Downton Delray Thanksgiving Weekend Art Festival
November 27 & 28, 2004
PROPOSED BUDGET FOR November 2004
INCOME:
Artist Revenue $64,125
Food Vendor Revenue $3,900
Total Revenue $68,025
EXPENSES:
Advertisin~l:
Boca Raton News Expense $708.50
Palm Beach Post Expense $2,543.57
South Florida Newspaper Expense $715.00
Sun Sentinel Expense $8,274.90
WPEC CHANNEL 12 Expense $7,500.00
Sun Sentinel Charities Ad Program Expense $2,500.00
Advertisin~ SubTotal $22,241.97
Services:
Permit Palm Beach County Health Expense $25.00
Si~nage AA Sign Lines Expense $942.72
Sanitation Waste Management-portolets Expense $671.00
Sanitation - 2 30 yd dumpsters Waste Management- dumpster Expense $950.00
Sanitation Pro Fest Expense $2,100.00
Barricades Bob's Barricades Expense $515.00
City of Delray, OFF barricade set up City Of Delray Beach Expense $325.00
Security City Of Delray Beach Expense $3,983.00
Rentals Pro Fest Expense $1,400.00
Graphics for advertising Expense Expense $125.00
Payroll Staff Expense $1,200.00
Rental Property Delray Joint Venture Expense $15,000.00
Lodgings and meals, travel Expense $650.00
Media Related Expenses Expense $1,208.00
Two Million Dollar liability ins policy Expense $425.00
Administrative Overhead telephone, mailings,etc Expense $1,100.00
Entertainment $3,000.00
Misc. expense $900.00
Service SubTotal $34,519.72
Total Expenses $56,761.69
Show Profit $t 1,263.31
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
FROM:
SUBJECT: AGENDA ITEM # ~ ~ (~) - REGULAR MI~.~TING_IULY 20, 2004
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JULY 16, 2004
Attached is the Report of Appealable Land Use Items for the period July 6, 2004 through July 16,
2004. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagment 07.20.04
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLIN~I, DIRECTOR OF PLANNING AND ZONING
JASMIN ALLEN, PLANNER
MEETING OF JULY 20, 2004 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS JULY 6, 2004 THRU JULY 16,
2004
The action requested of the City Commission is that of review of appealable actions which were
made by various Boards during the period of July 6, 2004 through July 16, 2004.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting, the
appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of
the LDRs applies. In summary, it provides that the City Commission hears appeals of actions
taken by an approving Board. It also provides that the City Commission may file an appeal. To
do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
A. Approved (5 to 0, Mark Gregory stepped down, Dan Carter absent), a request for a
freestanding plaza identification and tenant flat wall signs for Store Tech, located within
Delray Park of Commerce, at 1225 NW 17th Avenue.
B. Approved (5 to 0, Gary Eliopoulos stepped down), a Class I site plan modification
associated with architectural elevation changes for Bella Vista (fka Calypso Bay), located
on the west side of Gleason Street, approximately 100 feet south of Miramar Drive.
C. Approved (6 to 0), a Class I site plan modification associated with the replacement of
concrete balustrades with aluminum picket railings for Sea Fields Club, located at the
southwest corner of Ocean Boulevard and Bay Street (300 South Ocean Boulevard).
D. Approved (6 to 0), a request for a color chan~e for We-Star, an existing commercial
building, located at the southeast corner of SW 10"' Street and Congress Avenue.
City Commission Documentation
Appealable Items Meeting of July 20, 2004
Page 2
E. Approved (6 to 0), a Class III site plan modification, landscape plan and architectural
elevations associated with the construction of a 147 sq. ft. gate house for Park Place
Townhomes, located on the south side of SE 10th Street, approximately 300 feet west of
SE 5th Avenue.
Approved (5 to 1, Roger Cope dissenting), a Class ill site plan modification associated with
the expansion of an outdoor dining area for Greek Emporium, an existing restaurant
located within the Delray West Plaza at the southeast corner of West Atlantic Avenue and
Military Trail (14802 South Military Trail). The Board tabled (6 to 0) the architectural
elevations and requested that additional details be provided on the plans.
Approved (7 to 0), a request for a Certificate of Appropriateness and Class III site plan
modification associated with the conversion of a single family residence to office for
Godfrey Office, located on the east side of NE 1st Avenue, north of NE 2nd Street (215
NE 1st Avenue). Concurrently, the Board approved the following waivers:
· Reduced the width of the two-drive aisle from the required 24' to 20.5'.
· Reduced the required landscape strip on the south side of the property from 5' to 2.5'.
Approved (7 to 0), a request for a Certificate of Appropriateness for the construction of a
duplex on a vacant lot for the Ferrara Residence, located on the west side of NE 1st
Avenue, between NE 1st Street and NE 2nd Street (136 NE 1st Avenue).
Approved (7 to 0), a request for a Certificate of Appropriateness associated with the
replacement of windows for the CRA Offices (Judge Knott Building), located on the west
side of North Swinton Avenue, north of West Atlantic Avenue (20 North Swinton Avenue).
Approved (7 to 0), a request for a Certificate of Appropriateness associated with the
installation of a sign for Old School Bread Company, located on the south side of East
Atlantic Avenue, west of the Intracoastal Waterway (814 East Atlantic Avenue).
5. Approved (7 to 0), a request for a Certificate of Appropriateness associated with the
installation of two freestanding signs for Regional Diagnostics, located at the northeast
corner of NW 1st Avenue and NW 1s~ Street (101 NW 1s~ Avenue).
Approved (7 to 0), a request for a Certificate of Appropriateness associated with elevation
changes (exterior paint color and awning colors) for the two mixed-use buildings within
the Atlantic Grove development, located within the north 300 and 400 blocks of West
Atlantic Avenue.
Other Items
No other appealable items were considered by the Board. The following item which was
considered by the Board and will be forwarded to the City Commission for action.
City Commission Documentation
Appealable Items Meeting of July 20, 2004
Page 3
· Recommended approval (7 to 0), to the Planning and Zoning Board on the conditional use
request for the Linehan Property, a proposed mixed-use (residential/office) development,
to allow the property owner the ability to lease the business and the residential unit to
parties that are not the owner, proprietor or employee of the business located on the east
side of NW 1st Avenue, north of NW 1st Street.
No Regular Meeting of the Planning and Zoning Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting - 7// i _~ ;:~ /
JULY20, 2004 "
.... ~ --~ .........
- I
, , ~
P&Z HPB
A. STORE TECH 1. GODFREY OFFICE
B. BELLA VISTA (f.k.e, CALYPSO BAY 2. FERRARA RESIDENCE
TOWNHOMES) 3. CRA OFFICE BUILDING
C. SEA FIELDS CLUB 4. OLD SCHOOL BREAD COMPANY ONE MILE
O. WE-STAR 5. REGIONAL D/AGNOSTICS
E. PARK PLACE TOWNHOMES 6. ATLANTIC GROVE ~P~PHIC
F. GREEK EMPORIUM
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # '~a~c - REGULAR MEETING OF ~IULY 20. 2004
AWARD OF BIDS AND CONTRACTS
DATE: JULY 16, 2004
This is before the City Commission to approve the award of the following bids:
Purchase award to Otto Industries Systems in the mount of $18,373.00 for the
purchase of garbage carts with lids as a sole source purchase. Funding is available
from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement).
Contract award to Caler, Donten, Levine, Druker, Porter & Veil, P.A. for
professional audit services for FY 2004 in the amount of $94,100.00; FY 2005 in
the amount of $96,900.00; and FY 2006 in the amount of $99,800.00. Funding is
available from various departmental operating budgets.
Contract award to Rosso Paving & Drainage, Inc. in the amount of $248,160.00 for
the Plumosa Park Improvements Project. Funding is available from 334-6111-572-
65.79 (General Construction Fund/Plumosa).
Contract award to Chaz Equipment in the amount of $65,430.00 via Annual
Contract No. 2002-37 for wet well lining and interior/exterior piping modifications
for Lift Station 50. Funding is available from 441-5144-536-46.90
(Water/Sewer/Repair/Maintenance Cost).
Contract award to Murray Logan Construction, Inc. in the amount of $20,400.00
via Palm Beach County Term Contract No. 02069B for mechanical rehabilitation
of Lift Stations 35B, 21, and 92A. Funding is available from 441-5144-536-46.20
(Water/Sewer/Equipment Maintenance).
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo.07.20.04
MEMORANDUM
FROM:
THROUGH:
DATE:
David Harden, City Manager
Patsy Nadal, Buyer
Joseph Safford, Finance Director
7/7/2004
SUBJECT:
DOCUMENTATION -CITY COMMISSION MEETING
JULY 20, 2004 - PURCHASE AWARD - PURCHASE
OF GARBAGE CARTS FROM OTTO WASTE SYSTEMS
Item Before Commission:
The City Commission is requested to approve the purchase of garbage carts, lids and wheels from
Otto Waste Systems for the total amount of $18,373.00 as a sole source purchase.
Background:
The City is in need of additional garbage carts with lids. The sizes needed are 68 and 95 gallon
carts with wheels. These carts will have a forest green body, black lid, rubber tires and hot
stamped with City Logo seal and serial numbers. See attached memo dated July 1, 2004 from the
Code Enforcement Administrator.
Otto Waste Systems has quoted to the City a unit price of $37.00 each for 68 gallon carts, $38.00
each for the 95 gallon carts and $6.00 each per wheel per attached quote dated June 25, 2004.
This would be a full truckload of carts and the approximate freight for the full truckload is
$1,223.25. Otto Industries, Inc. is the original vendor the for the purchase of these carts since
their initial "roll-out" in 1996.
Recommendation:
Staff recommends the purchase of the garbage carts with lids and freight included for the total
amount of $18,373.00 from Otto Waste Systems as a sole source purchase.
Funding from account code: g433-3711-534-49.35.
Attachments:
Memo from Director of Community Improvement
Quote from Otto Industries, Inc.
MEMORANDUM
TO:
THRU:
FROM:
SUBJECT:
DATE:
PATSY NADEL, BUYER
LULA BUTLER, DIRECTOR OF COMMUNITY IMPROTR~MTEoNRT~>
RICHARD BAUER, CODE ENFORCEMENT ADMINIS i//)
OTTO WASTE SYSTEMS, LLC ORDER
JULY 1, 2004
Please prepare a purchase requisition for the following items:
· 200 95 gallon carts ~$38/each -- $ 7,600.00
· 250 68 gallon carts ~$37/each = $ 9,250.00
· 50 12' Titan wheels at $6/each = $ 300.00
TOTAL MERCHANDISE
SHIPPING (estimated)
TOTAL ORDER
$17,150.00 :. . ~
1,223.00 '-:''
$18,373.00
Carts are to have forest green bodies, black lids; rubber wheels and shipped with axels
and axel spacers.
Attached is a price quote from M.J. Schmidt of Otto Waste Systems, LLC supporting the
above prices.
The above expense will be charged to account 433-3711-534.49-35, Cart Renewal and
Replacement. Funds will be transferred into the aforementioned account from account
433-3711-534.99-01 to cover the expenses.
Please place the above purchase on the next available City Commission agenda for
approval.
Thank you for your assistance. If you have any questions, please contact me.
06/25/2004 11:49 FAX 9044719471 ~001
FACSIMILE COVER SHEET
DATE: June 25, 2005
TO:
COMPANY:
PHONE:
FAX:
Ms PatsyNada
CityofDelmyBeach
(561)243-7115
(561)243-7161
FROM:
PHONE:
FAX:
M.J. Schmidt
OTTO WASTE SYSTEMS, LLC
904-471-2804
407-386-6345
Total number of pal~es Ilncl. cover shee~: 1 page(s)
Patsy,
I are still experiencing some difficultyln accessing our data base However, I was able to get the
information I believe you need to move forward. The pricing for fhe following carts and wheels, is
as follows:
95 Gallon Cart
68 Gallon Cart250 each
Wheels (12" Titans)
Wheels (8" Rubber)
DeaverylShipping
200 each $38.0~ea.
$37.00ea.
50 each $ 6.00ea.
50 each $ 5.00ea.
(Truckload) $1,223 25
Since we didn't discuss what sized wheels you were interested in, I wanted to prmade you with
pricing on both sizes for your re~ew.
I will be traveling to Otte/Chadotte on Monday to have repairs to my computer completed, but Nil
be available to tall( to yOu anytime at ~ above number, which rolls over to my cell # ot (904) (;69-
3791.
Patsy, I am looking forward to meeting you in the near future, and wertdng with you on any futuf~e
needs. Just let' me know how you wish to proceed on this order. Thanks, and have a wondertJI
weekend.
M.J
AGENDA REQUEST
Request to be placed on: July 20, 2004
XX Consent Agenda __ Special Agenda
Date: July 7, 2004
__ Workshop Agenda
Description of agenda item:
The City Commission is requested to approve the purchase of garbage carts, lids and wheels fi.om
Otto Waste Systems for the total amount of $18,373.00 as a sole source purchase.
ORDINANCE/RESOLUTION REQUIRED: YES NO X
Draft Attached: YES NO X
Recommendation:
Purchase garbage carts fi.om Otto Waste Systems for a total amount of $18,373.00 as a sole source
purchase.
Funding from account code: 433-3711-534-49.35
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget DirectoF Review {requ_jred on all items involving expenditure of funds):
Fundih'g available: Yes ~r NO
Funding alternatives: (if applicable)
Account Number: ~. ~ ~r/.././_
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~
Hold Until:
Agenda Coordinator Review:
Received:
No
Action: Approved Disapproved
MEMORANDUM
To:
From:
David T. Harden. City Manag~
Joseph M. Safford,~anee Director
Date: July 13, 2004
Subject: Award of Professional Auditing Services
The City of Delray Beach recently issued a Request for Quotation for Professional Audit
Services. Our present auditors, Ernst & Young, did not express a desire to continue their
present engagement since they did not submit a proposal. The professional firms that
actually responded to the RFQ were as follows:
1. Caler, Donten, Levine, Druker, Porter & Veil, P.A. (Committee Ranked No. 1)
2. Rachlin Cohen & Holtz (Committee Ranked No. 2)
3. Cherry, Bekaert & Holland, L.L.P. (Committee Ranked No. 3)
4. McGladrey & Pullen, CPA
5. KPMG, L.L.P.
6. Nowlen, Holt & Miner, P.A.
7. Grant Thornton
We established an Auditor RFQ Evaluation Committee to review the submissions. This
Evaluation Committee consisted of the following persons:
· Joseph M. Safford, Finance Director
· Milena Walinski, CGFO, Assistant Finance Director
· Guy Buzzelli, MIS Manager
· Rex Taylor, Assistant City Manager
The Evaluation Committee, based upon established criteria, was charged with the initial
responsibility of reviewing thc submissions and selecting three (3) fmalists. Following
their initial review of thc submissions, the Committee short-listed three (3) firms and then
conducted telephone interviews with their individual references.
Based upon the overall evaluation, the Evaluation Committee selected the firm of Caler,
Donten, Levine, Dmker, Porter & Veil at the following actual, not to exceed contract
rates:
· Fiscal Year 2004 $94,100
· Fiscal Year 2005 $96,900
· Fiscal Year 2006 $99,800
The City currently paid $114,000 for our FY 2003 annual audit with Ernst & Young. The
proposed fee for next year of $94,100 would represent a 17.5% reduction in overall cost.
And, based upon our discussions with this firm's references, we expect to have improved
professional audit services at the proposed rates. This firm's submission impressed each
member of the Evaluation Committee. They are experienced with long-term clientele,
local (West Palm Beach), knowledgeable with regards to Delray Beach (audit of CRA for
13 years), low turnover, have never been subject to any professional litigation or
disciplinary actions, and have excellent ratings from all their references that were
contacted.
We are attaching our Evaluation Committee review sheets on each firm submitting a
proposal for additional information.
The Auditor RFP Evaluation Committee would recommend City Commission approval
of a three-year contract with Caler, Donten, Levine, Druker, Porter & Veil, P.A. at the
stated costs. Funding is budgeted and available in various Funds of the City.
Enclosures: Spreadsheets on each firm submitting a proposal
Cc: Auditor RFQ Review Committee Members
~
8 ~-
e o~-~
AGENDAITEMNUMBER: ~P,~-
Request to be placed on:
X Consent Agenda
When:
Description of agenda item:
AGENDA REQUEST
Dab:
July20,20O4
Special Agenda
July 13,2004
Workshop Agenda
Request Commission approval of a 3-year contract with Caler,
Donten, Levine, Druker, Porter & Veil, P.A. for Professional Audit Services for Fiscal Year 2004
at $94,100, Fiscal Year 2005 at $96,900 and Fiscal Year 2006 at $99,800.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES NO X
YES NO X
Recommendation: Commission approve a 3-year contract with Caler, Donten, Levine,
Druker, Porter & Veil, P.A. for Professional Audit Services for Fiscal Years 2004, 2005, & 2006.
Department Head Signature: ~'-, ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on ail items involving expenditure of funds):
Funding available: Yes
Funding alternatives (if applicable): N/A
Account Number: N/A
Account Description: N/A
Account Balance: N/A
City Manager Review:
Approved for Agenda: ~
Hold Until:
Agenda Coordinator Review:
Received:
Action:
NIA~'' No
No
Approved: Disapproved:
P.O. #
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
www. mydelraybeach.com
David Harden, City Manager
Victor Majtenyi, Construction Manager
PLUMOSA PARK IMPROVEMENTS (P/N 2003-061)
Commission Agenda Item, Contract Award
JUNE 13, 2004
Attached is an Agenda Request for City Commission to approve award of contract to Rosso
Paving and Drainage, Inc. for the construction of improvements at Piumosa Park. 'The project
includes construction of a new little league ballfield, resodding, picnic areas, and landscaping.
On Thursday, July 8, 2004, the City opened bids for this project with the lowest at $248,160.00
from Rosso Paving and Drainage, Inc. A copy of the bid tabulation is attached for your review.
Staff recommends award of contract to Rosso Paving and Drainage, Inc. in the amount of
$248,160.00, for the construction of the Plumosa Park Improvements project, P/N 2003-061.
Funding is available from 334-6111-572-65.79, General Construction Fund/Plumosa Park.
Richard Hasko; Direc~)r of ESD
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
Joe Weldon; Director of Parks & Recreation
Rich Connell; Assist. Director of Parks & Recreation
Carolanne Kucmerowski; City clerk's Office
Agenda File; 07/20/04
File 2003-061 (A)
C:'d~cuments and Set tings~kucmerowsk%ocal Settings\Temporary Intemet Filcs~OLK3~agda memo Rosso 07.20.04.dcc
AGENDA REQUEST
DATE: July 13, 2004
Request to be placed on:
X
Regular Agenda
__ Special Agenda
__ Workshop Agenda
When: July 20, 2004
Description of item (who, what, where, how much): Award of contract to the lowest responsive bidder,
Rosso Paving and Drainage, Inc., in the amount of $248,160.00 for the construction of the Plumosa Park
Improvements project, PIN 2003-061. The funding for this project will be provided from the following
account:
Funding Source
General Construction
Plumosa Park
* aRer budget transfer.
Account Number
Amount
Fund/ 334-6111-5~65.79 $248,160,00'
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of contract to Rosso Paving and Drainage, Inc. for the
construction of the Plumosa Park Imprgvements project, PIN 2003-061.
Department Head pA~__~,/...~.~
Signature:._
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (raquirad on all items involving expenditure of funds):
Funding available YES/NO
Funding alternatives
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda:/~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
(if applicable)
See above
See above ,~ .-q ;~.~
Action:
Approved/Disapproved
file 2003-061(A)
S:~EngAdmin~ProjectsX2003~2003-061\CONSTRCT~agnd req Rosso 07.20.04.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden
City Manager
FROM:
DATE:
SUBJECT:
Dan Beatty, P.~
Deputy Direct(~-OTPublic Utilities
July 12, 2004
www. rnydelragbeach, com
Lining and Interior/Exterior Piping Modifications, Lift Station 50
Attached are an Agenda Request, Location Map and Quotation for wet well lining and
interior/exterior piping modifications at Lift Station 50 from Chaz Equipment. The wet well
is showing signs of deterioration in several areas and is in need of sealing. The work
includes the installation of valves and piping to facilitate by-pass pumping and lining of
the wet well with Sewper Coat (cementations corrosion barrier). The price is based on
unit prices outlined in annual contract No. 2002-37 for sewer manhole lining and repair
work. The quote from Chaz Equipment is for $65,430.00 and will be funded from 441-
5144-536-46.90, Other Repair & Maintenance (budget transfer attached).
Please place the item on the July 20, 2004 Agenda for consideration by City
Commission.
Attachments
CC:
Richard C. Hasko, P.E., Director of Environmental Services
Bob Bullard, Utilities Maintenance Manager
Jackie Rooney, Purchasing Manager
City Clerk
Agenda File
S:\Environmental Services~Dan Beat~\07-20-04 Chaz Agenda mem.doc ~ ~
Engineering Contra~or
3460 Fairlane Farms Road, Suite 6
Wellington, Florida 33414
(561) 333-2109 Fax: (561) 333-2180
Sanitary' Structure Rehabilitation ,Proposal
June 16, 2004
City of Delray Beach
Mr. Dan Beatty. P.E.
Deputy Director of Public Utilities
100 N.W. 1st Avenue
Delray Beach, Florida 33~.~.~.
Re: Prop_n_~a! for Lllft Station ~60 SewperCoat, Plpinq Modifications and ByPass:
Mr. Beatty,
Please find below our proposal calculations for the labor and materials for bypassing and
piping modification towards the rehabilitation of Lift Station fl50 in accordance with the
City of Delray Beach Annual Contract ~2002-37;
Item 1; Lift StatiOn No, 50 .-L~awson, ~/Vest of Congress Ave., on South side.
SewperCoat 1,735 square feet ~ $18.00 / s.f.:
Bypass 10" to 12" sewer set-up (X1) @ $3000/ea:
Bypass 15" to 18" sewer set-up (Xl) @ $5000/ea:
Bypass 24" Sewer Set-up (X1) @ $7000/ea:
(X2) Bypass 10" Pump 5 days @ $300/day:
Remove & replace existing piping and valves - 90% of Item 18-(8"):
$31,230.00
$3,000.00
$5,000.00
$7,000.00
$3,000.00
$16,200.00
Total Proposal Estimate: $65,430.00
We greatly appmc!ate the opportunity,
B~ad Miiler
Project Manager
Page I of 1
AGENDA REQUEST
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
Agenda Item
Date: July 12, 2004
When: July 20, 2004
Description of item (who, what, where, how much): Staff requests Commission Approval of a quote
from Chaz Equipment for wet well lining and interior/exterior piping modifications at Lil~ Station 50. The
price is based on unit prices outlined in annual contract No. 2002-37 for sewer manhole lining and repair
work. The quote from Chaz Equipment is for $65,430.00 and will be funded from 441-5144-536-46.90,
Other Repair & Maintenance.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATI'ACHED YES/NO
Recommendation: Staffrecommends approval of the quotation from Chaz Equipment.
Department head signature: ~P/7/~'~ ~//_~,~"~') .~..-t~__ _ ~,~n~ .
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all it, ems involving expeqditure of fund~):_
Funding available: ~)NO /~ ~ c,3,,2~ ~cLx., 0~],~[o ~
F~ng altmtiv~ ~ (if a~plicable)
Accost No. & Descfiption~l- fi~ ¢~aL~t. ~ 0 ~q ~] ~, ~/,m.~4 C o~
Accost Bal~ce ~ ~ qZD
City Manager Review: ~N ~/V~
Approved for agenda: 0
Hold Until: ,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:~Environmental Services\Dan Beatty\07-204)4 Chaz agenda.doe
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www. rnFdelraybeach, com
TO: David T. Harden
City Manager
FROM:
Dan Beatty, P..~
Deputy Director-n:ffP~lic Utilities
DATE: July 12, 2004
SUBJECT: Mechanical Rehabilitation of Lift Stations, 35B, 21 and 92A
Attached are an Agenda Request, Location Map and Quotation for Mechanical
Rehabilitation of Lift Stations, 35B, 21 and 92A from Murray Logan Construction, Inc.
The base plates, pump rails and mounting brackets ara deteriorated and require
replacement. The quote is based on unit prices outlined in Murray Logan's continuing
maintenance contract with Palm Beach County. The quote from Murray Logan
Construction, Inc. is for $20,400.00 and will be funded from 441-5144-536-46.20,
Equipment Maintenance.
Please place the item on the July 20, 2004 Agenda for consideration by City
Commission.
Attachments
CC:
Richard C. Hasko, P.E., Director of Environmental Services
Bob Bullard, Utilities Maintenance Manager
Jackie Rooney, Purchasing Manager
City Clerk
Agenda File
RA Y LOGAN C~¥6'~RUCTiO~M INC.
General Ccam'aCto,,'s
W~st Pahl~ Beach. FL 33413
QUOTATION
Phone: 561-686.3948
Fax: v61-686-7405
DATE: 6/1U04
TO City o£Deh',~y Beach
ATTN' Mr Clayton Gilbert
NAME OF PROIECT ?ur~p St~ou 35B. 2[ &92A
LOCATION- D~lray B~ch, Fi~
PLANS & SPECFICATION: ~kay
WE PgOP~ TO F~[$H ~L L~OR, ~A'~R~L AND EQ~LPh~NT
t
5 Fu~l~ & Insmlt ~o~mle iv a~ust flora' m new ba~ elbow el~ation
Lmnp Sarc~ = $20:400 L~0
._,.%
BROIl'CE G. SMITH
TI'I'LK: PROJECT WIANAGER
DATE:
June 22, 2004
MUnn0001
Murray Logaln Construction Corp., Ir
313 65th Trail North
Wast'Palm Beaah, Florida 33413
Dear Mr. Logan:
RE: TERM CONTRACT #: 02069B
This is tO inform you that Palm Beach County Board of County Commissioners
enterin~l into a Term Contract with your company for Crews with Eauiament. Rental
o_f 10pied on one of :he fo{lowing;
[ ] FORMAL BID #:
[ ] REQUEST FOR QUOTATION (RFQ) ~:
[t/] RENEWAL OF FORMAL BID/RFQ #: 02-069/KM
[ ] EXTENSION OF FORMAL BID/RFQ #:
[1
ti
[1
WRITTEN QUOTATION #:
STATE OF FLORIDA CONTRACT #:
PALM I~EACH COUNTY SCHOOL. BOARD BID #:
[ ] OTHER:
The term of this contract is Auaust 1, ~004 through J_~ulv31.20_0_~. The estimated doffer
value for ail awarded vendora i~ $430,000.00.
The ol=llgatlona of Palm Beach County under this contract are eubject tm the
availability of funds lawfully appropriated for {ts purpose by the State of Fladda and
the Board of County Commissioners.
Palm Baaah County Depadcments will issue hard copy orders against this contract aB
your authorization to deliver. Al{ Invoices must reference each Unique document
number.
If you have any questions, please contact Phil Ridolfo, Senior ~.cr at £5~-6823.
Sincerely,
Director of Purchaaing
Patti:la M. Wlltse, CPPB, CPPO
Reid Raymond, Parks & Re:caption
Mike Bowman, Director, Road & Bridge
Conrad Ailstock, Water Utilities
File
July 23, 2002 .~.~ ~ [ ~:~ ~.-[-* Form L
Murray Logan Construction, Inc.
Attention; David Logan, Vice President
313 65th Trail North
West Palm Beach~ FL 33413
Dear Vendor:
TERM CONTRACT #: 02069
This la to Inform you that Palm Beach County Board of County Commissioners
Is entering Into a Term Contract with your company for Rents[ of Crews with
EoulDment based on one of the following:
[X] FORMAL BID #; 02-0691KM
· Lot ~1. Primary o Concrete or Metal Pipe Laying Crow ~ ~2__00 per hr; Dump
Truck ~ $45 per h~, Well Point Equipment ~ $30 per hr; Tand~*m'Dump with
Sideboards ~ $30 p~r hr & Tri-Axle Dump with Sideboards ~ $45 per hr.
- Lot ~11 - Secondary -Concrete or Metal Pipe Laying Crew ~[$ $200 per hr; Dump
Truck ~ $45 per hr;, Wail Point Equipment (~ $30 per hr; Tandem Dump w/th
Sideboards ~ $30 per hr & Tri-Axle Dump with Sideboards ~ $45 per hr,
- Lot ~ - Secondary - Concrete or Metal Pipe Laying Crew ~ $185 per hr; Dump
Truck ~ $45 per hr; Well Point Equipment ~ $30 per hr; Tandem Dump with
Sideboards ~ $;0 per hr & Trt-Axle Dump with Sideboards ~ $45 per hr.
- Lot gV - Secondary - Concrete or Metal Pipe Laying Crew @ $405 per hr; Dump
Truck ~ $45 per hr; Well Poi.t E~luipment ~ $30 per hr; Tandem Dump with
Sideboards ~ $;0 per hr & TrI-Axie Dump with Sideboards ~ $45 per hr.
- Lot gVl Secondary - Infiltration Drainage Crew ~ ~200 per hr; Dump Truck (-~ $45
per hr; Well Point Equipment ~ $30 per hr; Tandem Dump with Sideboards ~ $30
per hr & Tri-Axie Dump with Sideboards ~ $45 per hr.
- [.ct ~Vll. Primary. Fence Repair, 4 Men Crew (~ $50 per hr,
The term of this contract is 08/0112002 through 07I~11.~005, The estimated
dollar value for all awarded vendors is $ $?0,000,
The obligations of Palm Beach County under this contract ara subject to the
availability of funds lawfully appropriated fo~ Its purpose by the State of Florida
and the Board of County Commissioners.
Palm Beach County Departments will Issue hard copy orders a9sinst this
contract as your authorization to deliver, All Invoices must reference each
unique document number.
If you have any questions, please contact Kriaten A, Mo_nneU, Buyer at (561)
Sincerely,
I,~lthieen M. Soarlet~
Director
Larry Schaner, Facilities Development & Operations
Mike Bowman, Road & Bridge
Conrad AIlatock, Water Utilities
File
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda item ~ ~~''-'
Date: July 12, 2004
When: July 20, 2004
Description of item (who, what, where, how much): Staff requests Commission Approval of a quote
from Murray Logan Construction, Inc. for mechanical rehabilitation of Lift Stations, 35B, 21 and 92A.
The quote is based on unit prices outlined in Murray Logan's continuing maintenance contract with Palm
Beach County. The quote from Murray Logan Construction, Inc. is for $20,400.00 and will be funded
from 441-5144-536-46.20, Equipment Maintenance.
ORDINANCE/RESOLUTION REQUIRED: YES/N~O DRAFT ATTACHED YES/NO
Recommendation: Staff recommend~ approval of the quotation from Murray Logan Construction, Inc.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):_
Budget Director Review (req_ui~d on
Funding available:~__~O
Funding alternatives
Account No. & Descriptio~r"l l o q l ~l q- ~ ~ i~. q6
Account Balance
City Manager Review:
HAP°~°l~reldil il[°r agenda: ~/NO
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:~Environmenlal ServicesXDan Beatty\07-20-04 Murray Logan agenda.doc
Delray Beach Police Department
300 West Atlantic Avenue, Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
Joseph L. Schroeder
Chief of Police
Ail-America City
]993
2001
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Patsy Nadal
Acting Purchas~,~g..~upervisor
David Junghan~'~'
Administrative Serw'l~s Director
July 19, 2004
AGENDA REQUEST
Enclosed please find our Agenda Request for the purchase of two (2)
replacement motors for the Department's boat, and the necessary labor and
service costs associated with the replacing of those motors. Additionally, please
find a copy of the invoice listing all costs described in the enclosed Agenda
Request.
LDJ/
Enclosure
Serving with P.R. LD.E. ~ ~- .~>
Professionalism, Respect, Integrity, Diversity and Excellence
[ITY OF DELRflV
PURCHASING DIVISION
TO:
FROM:
SUBJECT:
DATE:
David Harden, City Manager
Patsy Nadal, Buyer
Agenda Request for Two (2) Yamaha Motors
July 19, 2004
Attach please find a printout of State Contract #120-440-03-1 price sheets,
effective 05/01/2003 through 07/31/2004 for boat motors.
Tappen's is an authorized dealer for Yamaha motors in the area. The price
quoted on proposal #11410, dated 0701/2004 on two (2) Yamaha motors is per
the State Contract. Identical pricing was quoted via phone calls from two other
vendors.
NO.
1006 NORTH DIXIE HIGHWAY, LAKE WORTH, FL 33460
DATE O=/~ ! ~
OF THE PALM 6EACHE$ ~' f (DELIVERY DATE)
ADDRESS ~ ~ ~%~ ~, ~ ~ WK. pHONE~
~' ~ STATE ~ ZIP ~*~q~ HM. PHONE~G~-~'~
ITEMS MAKE MODEL SERIAL NUMBER YEAR TOTAL
BOAT
TRAILER
SUBTOTAL
ACCESSORIES IF INSTALLED X ACCESSORIES
MODEL PRICE ~BOR SUBTOTAL
ITEMS NUMBER
ALLOWANCE ON TRADE-IN
TRADING DIFFERENCE
E~ENDED SERVICE CONTRACT
SUBTOTAL
Dealer Se~ces, including time and ~a~l to Tag Office
run o~, p,epara,on of ~uments, affidavits, nota~ 138 50
~ s~ic~, tempor~ numbers, fuel and oiJ and all other
~ ~ ~ ~ ~ ~ se~ices ~nne~ or associated with ~is transa~ion.
SALES T~
~{~, O~. ~ } ~ ~ ~ ~ · ~% ~ 3 TAG, REGISTRATION,TITLE, ETC.
DEPOSIT~
TUPPEN'S MARINE
hereafter known as the seller
~ ~ B~e~ ~ L~) 0~ ~ jn ~iderat~n of ~e acce~an~ of this order by the seller, here~
~ ~x ~ ~ ~ ~ ~ ~ ~ here~ ~rrant title and ~s~ssio~ ~ be in ~e free Eom all e,c~m-
~QI( ~ %~ ~ ~O~ O' ~, pgrc~er and su~rsedes all prior ~nte~rary agreements
I ~se of de~u. W ~e purchaser, the deposit and trade-ffi sh~l
This conEact is not ~lid unless signed by an officer of ~e seller. ~d
SELLER DlSC~IMS ANY WARRANW
THE MERCHANTABILIW WITH RESPECT T(
THE GOODS BEING SOLD.
SELLER DISC~IMS ANY WARRAN~ OI
FITNESS FOR ANY PARTICU~R PURPOSEf
WHATSOEVER WITH RESPECTTOTHE GOOD~
STATE OF F~. DISPOSAL FEE BEING SOLD.
TtRES THE I~A~ILIW OF THE SELLER TO SEP~
BA~E~ RATELY WARRANT THE GOODS BEING SOU
IN NO WAY AFFECTS THE MANUFACTURER'~
WARRANTIES,
TOTALS
SIGNATURE OF BUYER
Not Valid Unless ~lg~e~d by an Officer of the Compa y
Request to be placed on:
XX Consent Agenda
Special Agenda
Date: July 19, 2004
Workshop Agenda
When: July 20, 2004
Description of agenda item:
Approval of the purchase of two (2) Yamaha motors for the Police Department's Madne Patrol
boat. The replacement motors will cost $18,608.00; additionally there will be a $1,200.00 charge
for labor and a $138.50 service charge, total cost to replace the motors, $19,946.50. The City
Manager has agreed to fund the project if Commission approval is received.
ORDINANCE/RESOLUTION REQUIRED: YES NO: XX
Draft Attached: YES NO: XX
Recommendation: Approve the Agenda Request.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation N/A:
Budget Director Review (required on all items inv.olving expenditure of funds):
Fu~dihg available: Yes XX No
Funding alternatives: N/A
Account Number: oo1-zl 1,t-~
A~unt Dead,ion: Vehi~e Mai~enan~ ~ , ,
A~unt Balan~: R~u~ is in the sy~em
Ci~ Manager Review:
Appmv~ for aoenda:~ ~ No
Hold Ontil:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
P.O. #
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST
MEETING OF JULY 20, 2004 - REGULAR AGENDA
CONSIDER A REQUEST FROM CHRISTINA'S RESTAURANT FOR
THE PURCHASE OF FOUR (4) IN-LIEU PARKING SPACES
Christina's restaurant, located at 65 NE 2nd Avenue (Ocean City Lumber Complex) has
submitted a Class III site plan modification for the conversion of 1050 sq. ft. of retail space to
restaurant and the creation of an additional 149 sq. ft. outdoor dining area. Land Development
Regulations (LDR) Section 4.4.13(G)(1 ) requires the provision of four (4) parking spaces.
Although the Ocean City Lumber Complex has a surplus of 23 parking spaces the owner of the
property would like to retain the surplus parking for future development within the complex.
Therefore the applicant is requesting the purchase of four (4) in-lieu parking spaces at a cost of
$6,000 each, for a total of $24,000, to be paid in full upon issuance of a building permit.
LDR Section 4.6.9(E)(3) states "if it is impossible or inappropriate to provide the required
number of on-site or off-site parking spaces, the City Commission may approve the payment of
a fee in-lieu of providing the required parking, pursuant to the following provisions." Considering
the development has a 23 space surplus, the applicant fails to meet required findings pursuant
to LDR Section 4.6.9(E) i.e. that it is impossible or inappropriate to provide the parking on site.
The Community Redevelopment Agency, at their meeting of June 10, 2004, supported the
proposed expansion but did not support the in-lieu request based on the surplus of parking
currently available.
The Parking Management Advisory Board failed to forward a recommendation as the results of
a motion to deny resulted in a 3-3 tie (Gillie, Wheat and Poll dissenting).
The Site Plan Review and Appearance Board, at their meeting of June 23, 2004 supported the
site plan modification unanimously. A second motion for the in-lieu parking request was
approved 4-1 (Carter dissenting).
Move denial of the request from Christina's Restaurant for the purchase four (4) in-lieu parking
spaces by adopting the findings of fact and law contained in the staff report based upon a
failure to meet required findings pursuant to LDR Section 4.6.9(E)(3).
Menlo
To: David Harden, City Manager ,
From: Lula Butler, Director, Community Improvement
Date: July 15, 2004
Re: Request for Lien Reduction/1119 NW 1~ Street
ITEM BEFORE THE COMMISSION:
Consideration of a request from Mr. Adesh R. Sookhoo to release a portion of the liens
assessed for abating certain nuisances in the form of accrued interest and administrative fees
to property addressed at 1119 NW 1st Street. The total amount of the accrued interest and
administrative fees assessed requested as the amount by which the liens are to be reduced
is $4,176.75.
BACKGROUND:
The City Commission approved a policy governing requests for release and/or reduction of
liens at its regular meeting of October 21, 2003. The policy states that the Commission may
consider reducing liens up to an amount equal to the accrued and assessed interest and
administrative fees only. The applicant must agree to pay the City's actual out-of-pocket
costs within 30 days of the approval for the reduction of a lien. Further, the Commission's
approved policy requires that such reductions in liens will be done upon the submission of a
building permit application for a new structure.
Mr. Sookhoo acquired the property via the pumhase of a tax certificate in the amount of
$9,113.11. It appears he is familiar with the process and lien problem associated with
properties acquired under this process, since records indicate he owns multiple properties
throughout the county acquired under this process. The applicant has indicated that they are
unable to commit to building on the property in the near future. They have requested the
reductions will allow them to clean-up the property and eliminata the code enforcement liens,
providing for clear title to the property. Mr. Sookhoo is willing to pay the City's out-of-pocket
costs of $3,568.19.
STAFF RECOMMENDATION:
Staff is recommending denial of the applicant's request to reduce liens assessed to his
property on NW 1st Street in the amount of $4,176.75, based on the fact that the request
does not meet the requirements for reduction under the policy adopted by the Commission in
2003.
LB:DQ
Attachment
Customer #
Name
Address
DEMOLITION
NUISANCE
i Charge Breakdown
~2ookhoo
1119 NW 1st Street
VENDOR PAYMENT OUT OF POCKET
INTEREST AND ADMINISTRATIVE
TOTAL LEDGER BALANCE 7/14/04
RECORDING
VENDOR PAYMENT OUT OF POCKET
TOTAL NUISANCE OUT OF POCKET
INTEREST AND ADMINISTRATIVE
TOTAL LEDGER BALANCE 7/14/04
SUMMARY OF ALL CHARGES
tTOTAL OUT OF P~CKET VENDOR PAYMENTS
iTOTAL SPECIAL COLLECTION CHARGES 7/14/04
ITOTAL OUT OF POCKET RECORDING CHARGES
G~,ND TOTAL OUT OF P~
iTOTAL ADMINISTRATIVE AND INTER,EST
I
TOTAL
~AND NUISANCE BALANCE 7/14/04
2,807.00
2,707,40
13.33
724.86
738.19
1,469.35
2,207.54
3,531.86
23.00
13.33
3,568.19
4,176.75
7,744.94
TOTAL DUE 7/14/04
7,744.94
City of Delray Beach
Department of Community Improvement
REQUEST FOR REDUCTION OF MUNICIPAL LIENS FORM
Please complete the information listed below as the requester for lien reduction.
· Requester's Name (if business, please list company name and contact person):
· Address:
SOO k~o~
· 'Contact Telephone Number: fi---g !- ~'15_ ~- '-)lFc~ /
· Fax Number:
· E-mai'l address:
Please indicate if the company listed in 1, above (if applicable) is:
[] Forprofit
~ Non-Profit
3. Property information - Describe the property for which this request is being made:
· Property Control Number (PCN):
Legal Description:
% '1~- or~ g yz oF L.T fo
4. Property acquisition information:
* Date of Purchase: ~ ~
· Method of Purchase - Warranty Deed, Tax Certificate, etc.:
· eurchasePrice$ qll3'~l]
Briefly describe exactly what you are requesting from the City:
6. Briefly describe the purpose for which subject property will be utilized and your
proposed timetable for implementing such use:
\ \
7. Have you requested lien reductions at any other time from the City of Delray Beach?
If so, when and on what property:
Owner (or owner's agent) Signature
Date Submitted
Agent's Title
Date: July 14, 2004 Agenda Item No.
AGENDA REQUEST
Agenda request to be placed on:
X Regular __ Special
When: July 20, 2004
Description of Agenda Item:
Request for Lien Reduction - 1119 NW 1st Street
Workshop Consent
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Denial
Department Head Signature:~--
City Attorney Review/Recommendation (if applicable)
Bu_B~d et Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
(if applicable)
City Manager Review:
Approved for agenda: ~ No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDUM
To.' David Harden, City Manager
From.' Lula Butler, Director, Community Improvement
Date.' July 15, 4004
Re.' Memorandum of Agreement Between the City of Delray Beach and Children's Services
Council and Subcontracts with the Community Child Care Center and Children' Case
Management Organization
ITEM BEFORE THE COMMISSION:
Approval of the Memorandum of Agreement between the City of Delray Beach and Children's Services
Council (CSC) of Palm Beach County in an amount not to exceed $931,676 in support of the Beacon
Center Services at the Village Academy Elementary School for the pedod of August 1, 2004 through
September 30, 2005. The approval of the subcontract for services for the same pedod between the City
of Delray Beach and Children Case Management Organization (CCMO) for social work services to
children and families. The approval of the subcontract between the City of Delray Beach and Community
Child Care Center (CCCC) as the non-profit partner responsible for carrying out the program and services
at the Beacon Center for the period of August 1,2004 through September 30, 2004.
BACKGROUND:
The Children's Services Council Board of Directors, at their regular meeting of May 24, selected the City
of Delray Beach as the contract provider designated as the "Central Agency" under the formal agreement
for the Beacon Center at Village Academy Elementary School. CSC and the City, utilizing a collaborative
process, jointly selected the Community Child Care Center as the non-profit partner under the competitive
process called "Invitation to Negotiate" on June 17. CCMO funding is allocated as a part of the Beacon
Center budget for required services.
The Memorandum of Agreement obligates the City to provide strong fiscal monitoring and board oversight
of the non-profit partners. The agreements incorporate specific responsibilities of each of the partners
and provides for the continued technical assistance from and collaboration with CSC. The detailed
program descriptions, outcomes and strategies are being developed and will be bought back to City
Commission for formal approval prior to the beginning of Fiscal Year 2004/05.
The agenda item includes the Memorandum of Agreement between the City and CSC for the pedod of
August 1,2004 through September 30, 2005; the subcontract agreement between the City and CCMO for
the periods of August 1 through September 30, 2004 and October 1,2004 through September 30, 2005;
the subcontract agreement between the City and CCCC for the period of August 1 through September
30, 2004 only. CSC is in the process of providing technical assistance to the City and CCCC for the
budget proposed for fiscal year 04/05. Staff will be requesting approval of an amendment to this
agreement after the budget has been completed and accepted by CSC for this period.
RECOMMENDATION:
Staff is recommending approval of the Memorandum of Agreement between the City of Delray Beach and
the Children's Services Council of Palm Beach County in support of the Beacon Center services at Village
Academy Elementary School and the subcontracts as proposed, between the City and the Community
Child Care Center and Children Case Management Organization for carrying out services at the Beacon
Center.
MEMORANDUM OF AGREEMENT
August 1, 2004
The Children's Services Council of Palm Beach County ("CSC") has agreed to provide
funding to the City of Delray Beach ("Central Agency") up to an amount not to exceed $931,676
in support of the Beacon Center at Village Academy, as described in the attached Exhibit "A"
(Description of Partnership), Exhibit "B" (Budget), Exhibit "C" (Fiscal Guidelines for Central
Agency & Service Provider Agencies) and Exhibit "D" (Conditions of Award), for the period
August 1, 2004 through September 30, 2005.
CSC agrees to transfer funds to the Central Agency, acting as the fiscal agent for the
Community Child Care Center of Delray ("Services Provider") Beacon Center at Village
Academy program, for expenditures made prior to September 30, 2005 in accordance with the
following schedule and terms:
1. Transfers from the Central Agency to Service Provider will be made in
accordance with the following procedures:
a)
Upon execution of this Agreement, CSC will transfer $82,500 which equals
1/2 of the $165,000 total funding allocation to the Central Agency for the
period August 1, 2004 to September 30, 2004 as advance funds for the Service
Provider/Beacon Center at Village Academy program;
b)
A subsequent transfer will be released to the Central Agency for payment of
requests for reimbursement received from the Central Agency for the period
effective August 1, 2004 to September 30, 2004 and as outlined on the
attached Exhibit "B" (Budget) and Exhibit "C" (Fiscal Guidelines for Central
Agency & Service Provider Agencies); and
c)
Central Agency agrees to submit for request for reimbursement by the 15th day
of each month following the month in which the services were provided. CSC
will not reimburse Central Agency for any expenditure under this Agreement
made after September 30, 2004.
2. No transfers will be made by CSC pursuant to this Memorandum of Agreement
after September 30, 2004, and the Central Agency agrees to refund any of CSC's money
advanced but not expended by September 30, 2004 within 31 days.
3. Central Agency agrees to require that the Service Provider comply with all CSC
certification documentation requirements including, but not limited to:
· CSC Nepotism Policy Certification;
· Personnel Policies and Procedures;
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 2
· Job Descriptions of all funded staff positions;
· Certificates of insurance (liability, and theft and auto if capital equipment or
vehicle was purchased with Contractor funds);
· License(s) to operate agency/program, if applicable;
· Current list of Subcontractor's board members;
· Sales Tax Exemption Certificate;
· Service site(s) Fire Inspection Certificate(s), if applicable;
· Service site(s) Health Inspection Certificate(s), if applicable
Said documentation will be retained on file with the Central Agency for inspection during CSC
programmatic and/or fiscal monitoring.
4. The Central Agency, through its Service Provider, agrees to provide program data
' S
on a quarterly basis, and in a format as requested by CSC s research department, a well as fiscal
reports as requested by CSC.
5. Neither party will be liable for, or have any obligation to defend the other party
against claims, suits, judgments or damages, including court costs or attorney's fees, arising out
of the negligent acts of the other party, it being agreed that each party is responsible for its own
actions or failure to act.
CSC and the Central Agency agree to comply with the terms of this Memorandum of
Agreement.
CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY
BY: DATE:
Gaetana D. Ebbole, Chief Executive Officer
Children's Services Council of Palm County
CITY OF DELRAY BEACH
BY:
DATE:
Print Name
Print Title
CSC_DOCS-#23534-v 1 -MOA_CSC_and_City_of_Delray_Beach 1
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 3
EXHIBIT "A"
Description of Partnership
A. Description of Partnership
1. Goal
Children's Services Council (CSC) and the City of Delray of Dclray Beach (City) are
joining together in a partnership to enable a Community Based Organization (CBO) to
administer a Beacon Center in Delray Beach at Village Academy.
2. Definition of Terms
a. Beacon Center - Beacon Centers are partnerships between schools, community-based
organizations (CBO) and Community Advisory Councils (CAC). Beacons provide
academic, social, recreational and cultural activities assisting youth, parents and
neighbors to create supports leading to optimal youth development, academic
enrichment, healthy family functioning, and neighborhood capacity building and
growth.
b. Beacon Core Components - Utilizing an asset development model rather than a
deficit model, Beacon Centers work within four core components to provide programs
and services to Beacon Center members.
Youth Involvement/Youth Development/Youth Leadership - At a minimum
each Beacon Center must have an elementary after school program which serves
children after school, on teacher work days, school holidays and for at least eight
weeks during the summer. A middle school and/or high school program is also
required. In these programs youth are afforded innovative opportunities to play
significant roles in the development of programs at their centers. Activities and
events are provided for youth to develop a full array of assets which lead to
development of skills and abilities for successful transition into adulthood. These
include such things as training in healthy choices, social skills development,
tutoring, as well as heath and nutrition training. Youth leadership programs
create forums where youth can express their opinions and share ideas. Youth
leadership can take many forms ranging from organizing events to advocating for
youth programming to creating newspapers to serving on the Community
Advisory Council.
CSC_DOCS-#23534-v 1 -MOA_C SC_and_City_of_Delray_Beach 1
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 4
Youth Academic Support and Enrichment - Beacon Centers seek to increase
the likelihood of children and youth achieving educational success by helping to
create environments where learning is fun and attending school is the norm.
Beacon Centers directly offer resources to support youth in setting high
expectations, attending school, solving problems and sustaining effort. Beacon
Centers strive to complement the work of the school by working seamlessly with
it to bring a web of supports and opportunities to schools to enhance academic
achievement. Beacon Centers also supplement school learning with creative
literacy and cultural activities.
Family/Parent Involvement/Strengthening - Beacon Centers help bridge the
gap that often exists between schools and communities by inviting parents and
community members into the school for special events, recreation, education and
cultural and personal enrichment. Beacon Centers encourage continuing
parent/teacher/school staff communication. Beacon Centers support
parents/caregivers in playing active roles in their children's education and also
provide a range of supports and opportunities for them. They support parents by
providing them with the opportunity to attend ESOL (English) classes, parenting
workshops, GED classes, computer literacy classes, literacy activities, job skill
development and training, and self-esteem building opportunities. In addition,
Beacon Centers support families by providing information and referral services
for those experiencing difficulties in their parenting roles. Case management
services may be provided for family support and/or family mentoring services to
build and strengthen relationships within the family unit and in that way support
the child's continuing successful development.
Community Building/Neighborhood Capacity Building - Beacon Centers
provide safe spaces where community members can come together to develop
activities and projects to improve their street, housing site, school or
neighborhood. Beacon Center staff can help support these efforts. The Beacon
Center works to build neighborhood leadership capacity and may encourage
and/or lead efforts in community development/betterment. Activities may
include neighborhood associations, clean-ups, neighborhood watch around the
school and other activities which help families take control of their
neighborhoods. Beacon Centers establish Community Advisory Councils through
which parents, community stakeholders, youth and neighbors help conduct the
business of the Beacon and provide advice to the staffon the needs of the families
and neighborhoods.
The Community Advisory Council (CAC) - A CAC is composed of members who
are volunteer representatives of the community committed to participating in the
discussion, planning and implementation of ideas and activities, and program and
projects, that further the goals of the Beacon Center in the four component areas:
CSC_DOCS-#23534-vl -MOA_CSC_and_City_o f_Delray_Beach I
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 5
leadership development, academic enrichment, family/parent strengthening and
resident personal capacity building. Membership also includes school and Beacon
Center personnel, community stakeholders including businessmen. A majority of the
membership must be parents and youth.
d. Community Based Organization (CBO) - Agency subcontracted by the City to
operate the Beacon Center at the designated school.
et
Beacon Strategy Manager, Program Specialist, Research and Evaluation Analyst
and Financial Analyst - Staff members of Children's Services Council designated to
partner with the city to provide oversight, technical assistance and evaluation of the
Beacon Center named in this Agreement.
3. General Description
a. General Statement
This partnership which includes CSC, the City of Delray Beach and the United Way
of Palm Beach County agrees to work together to ensure that the Beacon Center at
Village Academy provides the highest possible quality service to the children and
families residing in the areas of the school.
The City will provide strong fiscal monitoring and board oversight for the sub-
contractor. The city will, as part of this partnership agreement, enhance the funding
of the Beacon Center by committing substantial funding and in-kind services and to
work to identify additional partnerships and funding resources.
CSC will continue to provide funding, vision, system building and strategy
development for this and all Beacons. CSC will join with the City to attach
Conditions of Award to the subcontract which will further delineate the requirements
of the CBO.
In addition, CSC and its partners (the City and the United Way) will expect the CBO
and its Beacon Director to work in concert with all relevant staff from the partner
entities to ensure that the Beacon Center at Village Academy is a full member of the
Beacon strategy and its development.
The partners are in agreement that the CBO must, in its programming, continue to
meet the definition of a Beacon Center as outlined above and work with the partners
to enhance the quality of programming as it grows and develops.
CSC_DOCS-#23534-vl -MOA_CSC_and_City_of_Delray_Beach 1
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 6
EXHIBIT "B"
Budget
CSC_DOCS-#23534-v 1 -MOA_CSC_and City_o f_Delray_Beach 1
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 7
EXHIBIT "C"
FISCAL GUIDELINES
1. The Service Provider is encouraged to seek the Central Agency's fiscal staff along with the
CSC fiscal staffadvice throughout the year regarding allowable budget items.
2. The Central Agency will not fund the following:
· the purchase of real property and or renovations (permanent improvements to the property or
site preparations);
· medical equipment, services or treatment;
· mortgage payments, interest payments, financing agreements or long-term vehicle leases;
staff entertainment expenses; or
· Florida State Sales Tax.
3. Program budgets submitted to the Central Agency are to be balanced; therefore, total
budgeted program expenses must be equal to program revenues.
4. All expenses are to be billed to the Central Agency in the contract period in which the
expenses/events occur.
5. The Service Provider is expected to submit, within 30 days after the end of the contract, a
final expenditure report that includes all billable items to the contract. Expenses not reported
in the final expenditure report will not be reimbursed by the Central Agency.
6. With the exception of the salary line item, the Service Provider has the authority to
overspend a cost category up to 10% without prior authorization from the Central Agency as
long as the budget total remains the same.
Funds budgeted for one time purchases (e.g. equipment) in a given fiscal year are not
included in the Central Agency's forecast of an annual budget for consideration in
subsequent years.
8. The Service Provider must apply for funding from the Central Agency each fiscal year.
All purchases made with funds allocated to the Central Agency are to be from vendors
appropriately licensed to do business in their respective municipalities and/or county.
Amounts relating to any purchases from unlicensed vendors will be disallowed by the
Central Agency.
CSC_DOCS-#23534-v 1 -MOA_CSC_and_City_of_Delray_Beach 1
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 8
10. Accelerated draw down of the Central Agency's funds to accommodate the timing of an
agency's contribution to the program may be approved, however, if under expenditures
occur, savings will be shared by the Central Agency and the Service Provider in proportion
to the share of contracted Central Agency support for the program.
11. Payment to funded Service Provider will be on the cost reimbursement and a monthly basis
for expenditures incurred pursuant to the terms of the contract/agreement.
12. The Service Provider will request reimbursement through the submission of the "Monthly
Report on Receipts & Expenditure" form by the l0th of the month, following the month for
which the expenditures are claimed. In general, except for certain specific line items,
monthly reimbursement requests should be approximate no more than 1/12 of the annual
contract amount for the program. Programs funded from revenues such as contributions, fees
and third party billing much show that those sources are supporting the program in direct
proportion to the Central Agency's support.
PERSONNEL COST CATEGORY:
The Service Provider may overspend the personnel cost category up to 10% without prior
approval by the Central Agency provided that:
The increase in salary for any position within the salary line item may not exceed 5% of
the original salary approved in the budget when calculated on an annual basis. The total
budgeted salary line item amount must not be exceeded.
2. Adequate provision should be made within the personnel cost category to accommodate
any increase in fringe benefits associated with the increased salary.
There are funds available in the over all budget to meet the over expenditure in the
personnel cost category and the over expenditure in other cost categories will not
adversely affect the performance of the services agreed upon in the contract.
SALARIES:
Salaries represent a critical and substantial portion of the program budgets. For this
reason, salary changes require consultation with the Central Agency's staff prior to
submitting a change request.
The Central Agency expects the Service Provider to be able to demonstrate that the
percentage of salary that the Central Agency supports corresponds to the amount of time
dedicated by the employee to the program or the portion of the program funded over the
course of a fiscal year.
3. The Central Agency may reimburse for costs due to an employee at separation of
employment based on the length of time the program has been funded the Central Agency
CSC_DOCS-#23534-v 1 -MOA_CSC_and_City_of_Delray_Beach 1
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 9
or the Children's Services Council directly prior to being funded by the Central Agency.
Request for authorization for such expense will occur through the use o£ a budget change
form.
Overtime pay is an allowable expense in accordance with the Fair Labor Standards Act
(FLSA) and any other applicable federal, state or local guidelines. Such expenses are to
be incorporated into the contract budget and any changes are to be submitted in the
budget revision. It is the Service Provider's responsibility to ensure compliance with
FLSA and any other applicable federal, state or local guidelines.
5. An over expenditure in any position in the salary line item does not bind the Central
Agency to fund the position(s) at the same or increased rate for any future contract year.
If the line item for a position is increased using other revenue and not the Central
Agency's dollars, permission from the Central Agency is not required, however the
Central Agency needs to be informed through a budget change form and through the
budget revision.
The costs associated with temporary employees are an allowable expense and are to be
identified in the contracted budget and/or budget revision. Service Provider requiring
continuous coverage for vacation and/or absences is expected to budget for such
contingencies.
8. Positions not identified in the Service Provider's contracted budget are not to be charged
to the Central Agency.
9. The Central Agency will not reimburse for:
Employee bonuses;
Accrued Vacation Salaries except upon separation from employment as provided for
in the personnel policies and procedures of the Service Provider.
FRINGE BENEFITS:
Benefit dollars are reimbursed for actual fringe benefits purchased. The use of the
Central Agency's funds for cash payments in lieu of fringe benefits is not an allowable
expense.
2. The Central Agency will not pay for tuition reimbursement as a fringe benefit.
TRAVEL:
CSC_DOCS-#23534-vl-MOA CSC and_City_of_Delray_Beachl
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 10
1. All travel costs will be reimbursed in accordance with Chapter 112.061 of the Florida
Statutes.
In-area travel will be reimbursed at the rate of .32 cents a miles in accordance with
Chapter 112.061 of the Florida Statues. The meal reimbursement rate for travel outside
Palm Beach County is as follows: $3 for breakfast; $6 for lunch; and $12 for dinner.
In State/Out-of-State travel will be reimbursed based on the actual travel costs associated
with an employee in a funded position attending conferences in accordance with Chapter
112.061 of the Florida Statutes.
Per Diem is allowed for each day on an out-of-county event involving an overnight stay
if reimbursement for lodging and meals is not requested. Per Diem is $50 per day for
each day requiring an overnight stay.
5. Meals are reimbursed at the rate of $3 for breakfast; $6 for lunch and $12 for dinner for
each day involving an overnight stay.
CHANGES TO THE CONTRACTED BUDGET:
Budgeted expenses are intended to directly relate to the Service Provider's ability to
achieve the results in which the Central Agency has invested. Any budget revision
should, therefore, not change the nature of the program. In order to minimize the risk of
an expenditure being disallowed, the Service Provider is expected to submit a budget
change request form and to secure signed Central Agency Authorization for change.
It is expected that all budget change to a cost category over the 10% rule to be submitted
to the Central Agency for authorization. Budget changes to the current fiscal year's
budget that may increase the following fiscal year's allocation request may not be
authorized. If authorized, the Central Agency is not committed to funding that increase
in the following year.
3. The Central Agency expects changes to program income to be equally offset by
corresponding changes in expenses and to be reflected in the annual budget revision.
If the Service Provider requests a change in salary, the Central Agency will examine the
impact upon the following fiscal year's budget. If the change requires an increase in the
program budget in the next fiscal year and it is authorized, the Children's Services
Council is not committed to funding the change in the following fiscal year.
A change in the salary line item, restructuring, adding positions or salary changes during
the year may occur with authorization from the Central Agency staff. Salary increases or
the addition of a position solely as a means of using up lapsed funds will not be
authorized by the Central Agency.
CSC_DOCS-#23534-v 1 -MOA_CSC_and City_of_Delmy_Beachl
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 11
The Service Provider is required to submit a request to change the salary line items through the
Central Agency's change to program budget form.
Questions which the Central Agency staff will ask prior to responding include but are not limited
to:
· How will the change help the program achieve the results in which the Central
Agency has invested?
· Is the change tied directly and integrally to the program's ability to achieve its
contracted results?
· Will the change allow the program to end the year with a balanced budget?
· If the change requires additional funds, how does the Service Provider plan to support
the expenses?
· Are there other resources or ways the programmatic needs can be met without
increasing the program's annualized budget?
· When the budget is annualized for the subsequent year, are additional funds required
to support the change?
· What can the Central Agency's staff do to help the Service Provider locate additional
resources to accommodate the change if it cannot be supported in a subsequent year?
ANNUAL BUDGET REVISION:
Budget revisions are to be submitted to the Central Agency in March of each year. All
budget changes are to be reflected through the budget revision process. The Central
Agency, however, recognizes that the Service Provider may face unusual conditions that
would prompt an additional budget adjustment after the annual revision. Changes to the
budget after the formal revision in March should be kept to a minimum and only to
address extenuating circumstances and are to be submitted on Change to Program Budget
form. Circumstances prompting such a request include:
· A salary for a position is being increased
· Expenditures in a cost category are going to exceed 10% of the approved
amount.
· It becomes necessary to use funds for expenses other than those described in
the Central Agency's budget narrative.
Budget revisions are to be submitted in March if it appears that a program may over
expend any cost category by more than 10% by the end of the contract year. No budget
revision is required if a cost category in the contracted budget is under spent by up to
10% and the total budget remains the same.
If the Central Agency's contracted budget does not identify a line item or cost category
for a desired expense a Change to Program Budget form is to be submitted to the Central
Agency for authorization. Items authorized prior to the annual budget revision in March
CSC_DOCS-#23534-v 1 -MOA_CSC_and_Cityo f_Delray_Beach 1
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 12
should be included ad ratified in the annual budget revision. Changes to the budget,
however, may be authorized subsequent to the annual budget revision in March by
obtaining authorization through the use of the Change to Program Budget form.
All approved changes to the budget become a part of the contract with the Central
Agency. The formal approved budget, any approved budget revision and any approved
Requests for Change to Program Budget will be the basis upon which the Service
Provider agencies are monitored fiscally.
5. The Central Agency will reimburse only up to the maximum amount specified in the
contract.
FISCAL MONITORING:
The goal of the Central Agency's fiscal monitoring is to ensure that funds contracted by
the Children's Services Council through the Central Agency are spent prudently and in
accordance with the guidelines laid down by the Council of the Children's Services
Council.
The Central Agency will maintain copies of all payroll records and vendor
receipts/invoices and cancelled checks from the Service Provider, and forwarded all
copies, along with the monthly reimbursement request to the Children's Services Council
by the 15th of each month.
3. The fiscal monitoring is conducted by the Central Agency's fiscal staff and/or other
representatives so designated by the Central Agency.
EXHIBIT "D"
Conditions of Award
A. Scope of Conditions of Award for Subcontracted CBO:
CSC_DOCS-#23534-vl-MOA_CSC_and_City_of Delray Beachl
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 13
Programmatic and Research and Evaluation Requirements
1. The program is to serve children and youth within the school boundaries of Village
Academy to the level as specified in the PIE and program model to be developed as part
of the partnership process.
2. The Beacon Director and any others deemed appropriate must attend and participate in
all appropriate scheduled provider and evaluation meetings held by CSC.
3. All staff who have direct contact with children must complete ten (10) hours of annual in-
service training in developmentally appropriate practices. This training is not inclusive of
First Aid and CPR courses.
4. CBO will have a disaster/evacuation plan in place to protect staff, and property, and
ensure the program's ability to continue essential functions for the community.
5. CBO will make every effort to obtain staff with the cultural competence and language
skills necessary to work successfully in the community with the population being served.
6. All staff will follow the child abuse requirements under Florida law.
7. All programs must participate in training concerning special needs children as offered
through the Inclusion Project.
8. The after school portion of the Beacon Center must be licensed by the Department of
Health. Program will continue to meet these licensing standards through Department of
Health inspections and monitoring.
9. Volunteers/mentors, utilized in appropriate roles, must be screened, trained and receive
regular, ongoing supervision by qualified professionals as mandated in the Palm Beach
County Child Care Rules and Regulations.
10. Directors of Beacons Centers are responsible for submitting monthly reports to the
appropriate CSC program specialist and a minimum of quarterly reports to the CSC
research and evaluation analyst by the date specified. (i.e., monthly utilization reports,
monthly calendars for the next month and monthly narratives by the fifth of every month,
quarterly evaluation data and surveys administered annually.)
11. The Provider and staff of Beacon Center programs for elementary and middle school age
children will participate in all overlays and additional funded service opportunities which
are developed to be a part of the Beacon Center strategy.
12. To encourage parents to be responsible partners, the provider agrees to require a sliding
fee scale to be on file at the Council for services offered in the after school program.
13. At least one (1) adult on location or site must hold a current first aid
certification evidenced by a valid card in a Red Cross standard first aid course or a
comparable course, and at least one adult must hold current certification evidenced by a
valid card in child and adult cardiopulmonary resuscitation. At least one (1) adult with
each or both qualifications shall be present at all times that children are in the care of the
program whether such children are on site, on a field trip, or being transported.
14. Each Beacon Center will recruit, maintain and support a Community Advisory Council
which is representative of the school community including a majority of parents and
youth and is consulted at least quarterly about programs existing within the Beacon and
additional projects and community needs.
CSC_DOCS-#23534-v 1 -MOA_CSC_and_City_o f_Delmy_Beach 1
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 14
15. CBO agrees to participate fully in any monitoring requested by partners as part of the
Beacon Center Strategy Development.
B. Fiscal Responsibilities:
The City of Delray Beach acting as the "Central Agency" will review and approve all
Base Budget Applications and Budget Revisions submitted by the Community Child
Care of Delray Beach, acting as the "Service Provider".
The Central Agency will review, approve for payment and reimburse expenses submitted
by the Service Provider on a monthly basis. The Central Agency will submit request to
the CSC for reimbursement by the 15th of the month following the month of the request.
The Central Agency will administer fiscally, reimburse, monitor and review the budgets
of the Service Provider in accordance with the "General Guidelines" noted as Exhibit
The Central Agency must ensure that agency receiving funds from this contract maintain
copies of all documents (i.e. payroll records, vendor receipts/invoices) in their respective
agency for review by its staff and by the Children's Services Council staff upon request.
The Central Agency must also ensure the Service Provider records are retained for a
period of 5 years in accordance with the Florida Public Records Law.
The Central Agency will reimburse the Service Provider up to the contracted budget
amount based upon the approved budget. Reimbursement is based on actual
expenditures. Expenditures in excess of the contract budget will not be paid by the
Central Agency. If the total allocation is not spent, the balance reverts to the Central
Agency to be returned to the CSC for reallocation for children's programs the subsequent
year.
6. It is expected that initial budgets will detail and itemize all anticipated expenditures.
C. FiscalConditions of Award:
Conditions to be observed throughout contract.
a. The Central Agency agrees to notify CSC of any anticipated cash shortages within
24 hours of receipt of that information.
b. If any fees are generated by the Council's funded program in excess of the amount
budgeted, the Central Agency will notify the Council staff of the excess revenues
CSC_DOCS-#23534-v 1 -MOA_CSC_and_City_of_Delray_Beach 1
Children's Services Council of Palm Beach County
Contract #: 475 - City of Delray Beach - Beacon Center at Village Academy
Page: 15
and plans to expend such fees. The Central Agency agrees to prioritize the use of
excess fees in the following order:
· Increase the number of clients attending the program within licensed capacity.
· Purchase those items which would be considered "enhancements" to the service
being provided in order to improve the quality of the program.
· Reduce the Council's funding by the amount of the excess fees received.
· All fees generated by the Council funded program will be recorded in a separate
revenue account.
CSC_DOCS-#23534-vl-MOA CSC and_City_of_Delray_Beachl
AGREEMENT
THIS AGREEMENT, made this day of ,2004, by and between the
CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1st Avenue, Delray
Beach, FL 33444 and CHILDREN CASE MANAGEMENT ORGANIZATION, (CCMO) of
Delray Beach, 555 NW 4th Street, Delray Beach, FL 33444.
WITNESSETH:
WHEREAS, the City received a grant in the amount of $931,676.00 from the Children's
Service Council (CSC) of Palm Beach County, in support of the Beacon Center at Village
Academy Elementary School, located at 400 SW 12th Avenue, Delray Beach, FL, 33444.
WHEREAS, the City desires to subcontract with the CHILDREN CASE
MANAGEMENT ORGANIZATION, (CCMO) a local not-for profit organization, to carry out
the Social Service activities associated with the Beacon Center at Village Academy Elementary
School.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
which are hereby acknowledged, the parties hereby agree as follows:
Incorporation of Recitals. The parties hereby represent and warrant that the above
recitals are accurate and correct and hereby incorporate them as if fully set forth
in this Agreement.
Term: This agreement shall commence on August 1, 2004 and terminate on
September 30, 2005 with an option to renew annually. This Agreement shall be
contingent upon the City's receipt of grant money from the Children's Service
Council of Palm Beach County for the Beacon Center at Village Academy'
Elementary School.
Payment: Subject to Paragraph 2 above, transfers from the City to CCMO will
be made in accordance with the following procedures:
a)
Upon execution of this Agreement, City will transfer $13,291.50 which equals
1/2 of the $26,583.00 total funding allocation to the CCMO for the period
August 1, 2004 to September 30, 2004 as advance funds for CCMO's
participation in the Beacon Center at Village Academy program;
b)
The City agrees to reimburse to CCMO for provision of services described in
Exhibit "A" (consisting of the Program Compliance Items) attached hereto
and made a part hereof; composite Exhibit "B" (consisting of the City's
Budget, attached hereto and made a part hereof; and Exhibit "C" (consisting
of the Beacon Center Activities) attached hereto and made a part hereof to the
extent provided in subparagraph c) below. It is expressly understood and
agreed, by and between the parties, that the services to be rendered hereunder
by CCMO shall be provided in compliance with all terms and conditions set
forth in the Exhibits "A", "B" and "C" as well as the terms and conditions of
this formal Agreement between the City and CCMO.
c)
The total Payment for services rendered pursuant to this Agreement shall be
up to $189,983.00 ($26,583.00 for August 1, 2004 through September 30,
2004 and $163,400 for October 1, 2004 through September 30, 2005) made to
CCMO monthly on a reimbursement basis. CCMO shall submit an invoice to
the City by the 10th day of each month following the month in which the
services were provided. The invoice will include documentation reflecting all
expenditures made by CCMO under this Agreement, in whatever form
reasonably required by City. Subject to the availability of funds, the City will
provide reimbursement to CCMO within 30 days after receipt of the invoice.
CCMO shall submit a final invoice to the City no later than September 30,
2005 (with appropriate documentation). The City will not reimburse CCMO
for any expenditure made by CCMO under this Agreement that is submitted
after September 30, 2005.
The City has the discretion to decrease CCMO's allocation based upon the
program's inability to meet the parameters outlined in the program model and/or
the inability to maintain program capacity based upon quarterly reviews.
Reduction in Payment: Notwithstanding anything herein to the contrary, the
parties agree that the dollar amount set forth in paragraph 3 above may be reduced
in the event that the City determines that CCMO will not spend the entire amount
allocated by September 30th fiscal year end. This determination may be made (a)
during the course of reviewing a budget revision submitted by CCMO pursuant to
the City's procedures or (b) based upon the City's monitoring of CCMO's
program and its expenditure history. Before any such reduction becomes final,
CCMO will be notified in writing of the proposed action and shall have the
opportunity to address the City's Board regarding the proposed reduction. The
decision of the City's Board on this issue shall be final. If the City reduces the
dollar amount, CCMO may terminate this Agreement upon five (5) days notice in
writing to the City. The City shall reimburse CCMO for all monies expended up
to and including the effective date of the termination.
Overpayment: CCMO agrees to return to the City any overpayments made
through inadvertence or miscalculation or because payment is disallowed as not
having been properly earned under this Agreement. Such funds shall be refunded
in full by CCMO to the City as follows:
Within twenty (20) days from the date of written notification by the City
to CCMO of overpayment or disallowance; or
Within thirty (30) days following the end of this Agreement.
The City shall have the fight to deduct from any subsequent payment
request submitted by CCMO, the amount of any overpayments or
disallowed funds.
2
Suspension of Payment of Funds: The City may, for reasonable cause, suspend
the payment of funds pending corrective action by CCMO or pending a decision
by the City to terminate this Agreement. The City may, for reasonable cause,
prohibit CCMO from incurring additional obligation of any funds received from
the City, pending corrective action by CCMO or a decision to terminate this
Agreement. Said suspension of payment of funds or obligation thereof may apply
to all or part of CCMO's operations funded by the City.
CCMO agrees to comply with all CSC certification documentation requirements
including, but not limited to:
· CSC Nepotism Policy Certification;
· Personnel Policies and Procedures;
· Job Descriptions of all funded staff positions;
· Certificates of insurance (liability, and theft and auto if capital equipment or
vehicle was purchased with Contractor funds);
· License(s) to operate agency/program, if applicable;
· Current list of Subcontractor's board members;
· Sales Tax Exemption Certificate;
· Service site(s) Fire Inspection Certificate(s), if applicable;
· Service site(s) Health Inspection Certificate(s), if applicable
Said documentation will be retained on file with the City.
The CCMO agrees to provide program data on a quarterly basis, and in a format
as requested by the City, as well as fiscal reports as requested by City.
Indemnification: CCMO shall defend, indemnify, save harmless and exempt the
City, its officers, agents, servants, and employees from and against any and all
suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and
attorneys fees resulting from injury to or death of persons or damage to property
arising out of or resulting from the Contract or from work done by CCMO or its
subcontractors in the performance of the Contract except to the extent caused by
the sole negligence of or breach of contract by the City. In connection with any
legal proceedings arising hereunder, the City reserves the right to retain counsel
of its choice and at its own expense, or in the alternative, to approve counsel
obtained by CCMO.
10.
Independent Contractor: CCMO is performing the services and duties
required hereunder as an independent contractor and not as an employee, agent,
partner of, or joint venture with the City. CCMO shall assume sole and exclusive
responsibility for the payment of wages to all employees for services performed
by them under this Agreement. CCMO shall, with respect to said employees, be
responsible for withholding federal income taxes, paying federal social security
taxes, maintaining unemployment insurance and maintaining worker's
compensation coverage in amounts required by applicable federal and state law.
3
11.
12.
13.
Insurance: CCMO shall provide the City with Comprehensive General Liability
Insurance in the amount of $1,000,000.00 per occurrence naming the City as an
additional insured, with a thirty (30) days notice of cancellation provision.
CCMO shall provide Worker's Compensation Insurance as required by law and
Automobile Insurance in the amount of $500,000.00, naming the City as an
additional insured. CCMO shall also provide a Fidelity Bond in an amount up to
and including $189,983.00 to protect against any dishonest or fraudulent acts of
the CCMO or its employees, also naming the City as an additional insured.
Notices: All notices required hereunder shall be in writing and shall be addressed
to the following representative of the part parties:
For the City:
David Harden, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
For CCMO:
Julie Swindler,
Executive Director
1720 East Tiffany Dr.
Suite 101
West Palm Beach, FL 33407
Delray Beach, FL 33444
Termination: In the event funds to finance this Agreement become unavailable
to the City, the City may terminate this Agreement upon no less than five (5) days
written notice to CCMO. The City shall be the final authority as to the
availability of funds.
Notwithstanding any other provision of this Agreement, the City may terminate
this Agreement for any breach by CCMO. If the City intends to terminate this
Agreement, notice shall be provided in writing to CCMO no less than twenty-four
(24) hours prior to the effective date of the termination. The City's failure to
terminate or suspend a CCMO for past breaches of this Agreement shall be
construed as a waiver of its right to demand strict compliance with the terms of
the Agreement or to terminate for said breaches or similar breaches, and shall not
be construed to be a modification of the terms of the Agreement.
In addition, CCMO and the City may each terminate this contract with or without
cause provided that CCMO or City shall give sixty (60) days notice in writing to
City or CCMO. The City shall reimburse CCMO for all monies CCMO has
4
expended up to and including the effective date of the termination and CCMO
shall do the same.
14.
Venue/Laws. This Agreement shall be governed by the Laws of the State of
Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction
which either party may claim by virtue of residency.
15.
Entire Agreement. This Agreement along with Exhibits "A", "B" and "C"
attached hereto shall constitute the entire Agreement of the parties with respect to
the subject matter of it. All prior understanding and agreements between the
parties with respect to such maters are merged into this Agreement, which alone
fully and completely expresses their understanding. Modifications to this
Agreement must be made in writing and mutually agreed to by the parties.
16.
Assignment or Transfer. This Agreement may not be assigned or transferred by
CCMO in whole or part without the written consent of the City.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and
year first above written.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
City Clerk
By:
David Harden, City Manager
Approved as to Legal Form:
City Attorney
WITNESS:
Signature
Print Name
Signature
CHILDREN CASE MANAGEMENT
ORGANIZATION
5
EXHIBIT "A"
Program Compliance Items
CCMO agrees to comply with all applicable federal, state and local laws.
CCMO agrees to comply with the following requirements:
a. To provide Critical Social Service Intervention.
To maintain books, records and documents in accordance with normally accepted
accounting procedures and practices, which sufficiently and properly reflect all
expenditures of funds provided by the City under the Agreement.
To assure that these records shall be available upon reasonable notice, for inspection,
review or audit by the City and personnel duly authorized by the City to make such
inspection, review or audit.
To submit, upon completion of this Agreement, A GAO Standard Financial and
Compliance Audit ("the Audit"), complete with management letter, within 180 days
of CCMO's fiscal year end. In the event that CCMO's fiscal year end occurs prior to
the completion of the term of this Agreement. CCMO will supply the Audit and
accompanying management letter for each of CCMO's fiscal years occurring during
the term of this Agreement, each such audit and management letter to be provided
within 180 days of CCMO's fiscal year end.
e. To maintain and file with the City such progress, fiscal, inventory, and other reports
as the City may require during the terms of the Agreement.
f. To include these aforementioned audit and record keeping requirements in all
approved subcontracts and assignments.
To acknowledge, to the extent feasible and appropriate, City and Children Service
Council funding of the program identified in Exhibit "A" in publications, bulletins,
public relations activity and stationery of CCMO.
CCMO agrees:
To retain all financial records, supporting documents, statistical records and any
other documents pertinent to this Agreement for a period of five (5) years
following termination of this Agreement or, if an audit has been initiated and
audit findings have not been resolved at the end of the five year period, the
records shall be retained until resolution of all audit findings. CCMO further
agrees that all iecords, papers, letters, or other documents made or received in
conjunction with this Agreement and the provision of services hereunder shall be
subject to public access pursuant to the provisions of Chapter 119, Florida
Statutes. The provisions of this paragraph shall survive termination of this
Agreement, except that public records, which are confidential by or otherwise
restricted from disclosure by laws, including as required pursuant to the Health
Insurance Portability and Accountability Act, 45 CFR, Parts 160 and 164, must be
protected from disclosure.
Persons duly authorized by the City shall have full access to and the right to
examine any of said materials during said period.
To permit access by persons duly authorized by the City upon reasonable notice,
to the program(s) funded by the City hereunder for purposes of monitoring said
program(s).
To report to the City during the term of this Agreement any threatened or pending
litigation brought against CCMO, including a description of the nature of the
claims involved, and, upon request, to furnish information regarding the status of
such litigation and copies of pleadings filed therein.
To accurately report to the city, in a format deemed acceptable by the City, all
revenues received by or for the program funded pursuant to this Agreement,
regardless of source. Revenues include, but are not limited to, Medicaid or
insurance reimbursement, donations, grants, and program income; i.e., fees paid
for services. In the event CCMO fails to properly report all program revenues and
the City subsequently learns that such income was not properly disclosed, the City
reserves the right to reduce the amount to be paid to CCMO by the City by the
amount not disclosed (or, if payment has already been made, to recover said
amount), or to terminate this Agreement.
That those capital items which are to be acquired by CCMO and reimbursed by
the City, shall be subject to the requirements (i) that said items may not be
mortgaged, pledged, or hypothecated without the prior written approval of the
City, (ii) that upon termination or earlier cancellation of this Agreement, at the
City's request, unless there is specific notification that this requirement is waived
by the City, the said items(s) shall be (a) returned (with title being transferred) to
the City or the City's designee, or (b) reimbursed to the City at book value
(determined by the City); (iii) that said item(s) shall be maintained in operable
condition; and (iv) that said item(s) will be insured in case of loss or theft.
To obtain City approval for any proposed changes in the program prior to
implementation.
To submit and maintain a current copy of the following on file with the City:
Certificates of insurance (liability and theft, and auto if capital equipment or
vehicle was purchased with City/CSC funds);
License(s) to operate agency/program, if applicable;
Service site(s) Fire Inspection Certificate(s), if applicable;
Service site(s) Health Inspection Certificate(s), if applicable
2
i. To obtain written approval from the City for any proposed changes in the program
budget hereunder prior to implementation.
The fiscal administration of this Agreement will be pursuant to the City's "Fiscal
Guidelines," a copy of which CCMO acknowledges receiving.
That the following issues or information shall be fumished or resolved within 60
days of execution of this Agreement:
o Completion of program evaluation forms/test instruments;
o Submission of copy of sales tax exemption certificate or application;
o CCMO will not begin operation of the program funded hereunder prior to
obtaining a binder for provision of general liability insurance coverage.
o Submission of copies of all personnel or service provision subcontracts, contracts
and/or agreements related to the operation of the program funded hereunder.
CCMO agrees that, as between the parties to this Agreement, it is solely responsible for
operation and management of the program(s) funded hereunder and that the City has not
and will not be involved in any way in such operation and management. To the extent
permitted by Florida law, CCMO agrees to indemnify and hold harmless the City from
liability on account of any injuries, damages, omissions, commissions, actions, causes of
actions, claims, suits, judgments and damages accruing, including court costs and
attorneys' fees (at the trial appellate, post-judgment or bankruptcy procedure level), as a
result of services performed or not performed, or any negligent act by CCMO or arising
form funding granted or not granted by the City or any action arising out of the operation
of this Agreement.
CCMO shall not use or disclose any information concerning a client served under the
Agreement for any purpose not in conformity with federal and state laws and regulations
except on written consent of the client, or his responsible parent or guardian when
authorized by law.
CCMO agrees to establish and maintain procedures and controls acceptable to the
City for safeguarding records, so that no information contained in CCMO's
records, or obtained from others carrying out the terms of the Agreement, shall be
used by or disclosed by CCMO, its agents, officers or employees except as
provided by law.
It shall be the responsibility of CCMO to take all reasonable steps necessary to
implement promptly such procedures and controls in order to protect the privacy
of a client receiving services hereunder and in order to assure the maintenance of
confidentiality of any medical or other information pertaining to any such client.
CCMO shall submit to the City program data, including client identifiable data and status
of program capacity (staff to client/child/family ratio) as deemed essential by the City.
CCMO shall furnish the City with reports of the effectiveness of the program and include
statistics and data on the number of persons served and such other reports and
3
information that the City may required. Said reports shall be made as requested from the
effective data of this Agreement and in a format provided by the City.
The services provided by CCMO hereunder are provided on a non-exclusive basis, and
the City specifically reserves the right to subcontract with others for similar services.
This Agreement shall give no rights to any person or entity who is not a party hereto.
Z
I
z~
zO
Will
Exhibit "C"
BEACON CENTER ACTIVITIES
This list contains the current programs, activities and hours of operations that exist at the Beacon
Center at Village Academy. This list in no way should be considered as all inclusive and f~ced. The
City in partnership with its non-profit partner may amend this exhibit as necessary, to enhance the
services and programs that are provided at the Beacon Center.
Extended Day (After school) Component
Serves 300 elementary school students
Licensed by PBC Health Dept maintaining I to 20 ratio at all times
Hours of Operation: 2:30pm- 7:00pm
9:00am - 1:00pm
Release - 7:00pm
7:00am 5:30pm
Monday - Friday
Saturdays
Early Release Days
Teacher Work Days, Holidays and
Nine weeks during the summer
The Center has approval for and has posted the following Holiday observance days:
September 6, 2004
November 25 & 26, 2004
December 23, 24, 27 - 31, 2004
May 30, 2005
July 4, 2005
Daily breakfast included
CSC provides major overlays to the component at no cost to the CBO, which includes CHAMPS, a
Foundations, Inc., curriculum, head teacher and instmctor stipends for 1 hour of instruction per day,
four days a week.
Includes Center for Creative Education (CADRE) programming, which includes artists who provide
arts and culture experiences for the students tied to the CHAMPS curriculum and other overlays for
arts and culture.
Grade level academic extension of the school day:
tutoring assistance
homework preparation
recreation (a variety of sports and teams and cheerleading)
cultural and social clubs
community service
variety of field trips
The Brotherhood is special programming utilizing a certified teacher for male students in grades 3, 4
and 5 identified as behavior and/or academic challenges
Teen Component for Grades 6 through 12
Serves 20 to 30 youth daily
Location: Delray Full Service Center
Hours: 3:00pm - 9:00pm, Monday through Thursday
Includes Center for Creative Education (CCE) CADRE for middle school students
Other components include:
homework assistance
sports and recreation including athletic teams
academic
cultural and social clubs
college and career prep, life, leadership
relationship and healthy choices skill training
community service
Sports
Teams in both the extended day
Flag football and basketball teams for 13 and under
Sports for 17 and under provided
Palm Beach Literacy Coalition
Village Readers Family Literacy Program - Americorps staff assist students interactive literacy
activities
Adult Education
Computer Training: Monday - Thursday
Classes for Beginner, Intermediate and Advanced
ESOL
GED
Child sitting provided
Children's Case Management Organization (CCCC)
This is a subcontract with the Beacon Center, which will continue with the new CBO for services to
children and families. The agency facilitates workshops and provides short time counseling for families
with challenges. They also support the Kin Support Project, which meets monthly and has speakers on
topics relating to family needs.
FAU Haitian Family Services
This activity is held on Wednesday evenings with parents and children meeting in separate groups,
facilitated by FAU School of Social Work staff and/or interns to discuss topics which strengthen the
family unit and allow youth to operate more effectively and independently.
2
Parent Training
Provided through CSC Parent Center
child sitting provided
participation in these classes meetings DCF requirements
conducted in both English and Creole
Tips for Parents is a six-week series of parenting classes offered by the Parenting Center through a
certified parent educator
Creating Lasting Family Connections
Currently provided by a Substance Abuse and Mental Health (SAMH) grant through the City of
Delray Beach.
Interactive session for adults, children and adults and children together, on building family
cohesiveness and s~ength.
Parent Resource Center
Staffed by Parent Resource Coordinator
Special Events for Parents
Coordinated by Family Involvement Specialist
Report Card Night, where parents are encouraged to meet their children's teachers £or parent/teacher
conference and to pick up reports cards.
The Academic Breakfast - where parents are invited to see those students who are recognized for
being on the Principal's and Village Academy Honor Rolls.
Intergenerational Choir
Funded by a grant f~om the Cultural Council
Provides weekly practice on Mondays at Village Academy; includes gospel, spiritual and traditional
hymns in their performances.
Community Advisory Council (CAC)
Mandatory for all Beacon Centers
VITA provides tax filing assistance to families through the Beacon Center. The program is funded
and mn through a grant from United Way in partnership with the Beacon Center.
Street Patrol is funded through the City of Delray Beach. It provides security in the neighborhood
and at special events.
3
AGREEMENT
THIS AGREEMENT, made this day of ,2004, by and between the
CITY OF DELRAY BEACH, a municipal corporation, (City), I00 NW 1a Avenue, Delray
Beach, FL 33444 and COMMUNITY CHILD CARE CENTER, (CCCC) of Delray Beach, 555
NW 4th Street, De[ray Beach, FL 33444.
WITNESSETH:
WHEREAS, the City received a grant fi.om the Children's Service Council (CSC) of
Palm Beach County, in support of the Beacon Center at Village Academy Elementary School,
located at 400 SW 12t~ Avenue, Delmy Beach, FL, 33444.
WHEREAS, the City desires to subcontract with the Community Child Care Center
(CCCC), a local not-for profit organization, to carry out the activities associated with the Beacon
Cemer at Village Academy Elementary School.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
which are hereby acknowledged, the parties hereby agree as follows:
Incorporation of Recitals. The parties hereby represent and warrant that the above
recitals are accurate and correct and hereby incorporate them as if fully set forth
in this Agreement.
Term: This agreemem shall commence on August 1, 2004 and terminate on
September 30, 2004 with an option to renew annually. This Agreement shall be
contingent upon the City's receipt of grant money from the Children's Service
Council (CSC) of Palm Beach County for the Beacon Center at Village Academy
Elementary School.
Payment: Subject to Paragraph 2 above, transfers fi.om the City to CCCC will he
made in accordance with the following procedures:
Upon execution of this Agreement, City will transfer $69,208.50 which equals
1/2 of the $138,417.00 total funding allocation to the CCCC for the period
August 1, 2004 to September 30, 2004 as advance funds for CCCC's
participation in the Beacon Center at Village Academy program;
The City agrees to reimburse to CCCC for provision of services described in
Exhibit "A" (consisting of the Program Compliance Items) attached hereto
and made a part hereof; composite Exhibit "B' (consisting of the City's
Budget, attached hereto and made a part hereof; and Exhibit "C" (consisting
of the Beacon Center Activities) attached hereto and made a part hereof to the
extent provided in subparagraph c) below. It is expressly understood and
agreed, by and between the parties, that the services to be rendered hereunder
by CCCC shall be provided in compliance with all terms and conditions set
forth in the Exhibits "A', "B' and "C' as well as the terms and conditions of
this formal Agreement between the City and CCCC.
c)
The total payments for services rendered pursuant to this Agreement shall be
up m the mount of $138,417.00 for August 1, 2004 through September 30,
2004 made to CCCC monthly on a reimbursement basis. CCCC shall submit
an invoice to the City by the 10th day of each month following the month in
which the services were provided. The invoice will include documentation
reflecting all expenditures made by CCCC under this Agreement, in whatever
form reasonably required by City. Subject m the availability of funds, the
City will provide reimbursement m CCCC within 30 days after receipt of the
invoice. CCCC shall submit a final invoice m the City no later than
September 30, 2004 (with appropriate documentation). The City will not
reimburse CCCC for any expenditure made by CCCC under this Agreement
that is subm'med after September 30, 2004.
The City has the discretion to decrease CCCC's allocation based upon the
program's inability to meet the parameters outlined in the program model and/or
the inability to maintain program capacity based upon quarterly reviews.
Reduction in Payment: Notwithstanding anything herein to the contrary, the
parties agree that the dollar amount set forth in paragraph 3 above may be reduced
in the event that the City determines that CCCC will not spend the entire amount
allocated by September 30th fiscal year end. This determination may be made (a)
during the course of reviewing a budget revision submitted by CCCC pursuant to
the City's procedures or (b) based upon the City's monitoring of CCCC's
program and its expenditure history. Before any such reduction becomes final,
CCCC will be notified in writing of the proposed action and shall have the
opportunity to address the City's Board regarding the proposed reduction~ The
decision of the City's Board on this issue shall be final. If the City reduces the
dollar amount, CCCC may terminate this Agreement upon five (5) days written
notice to the City. The City shall reimburse CCCC for all monies expended up m
and including the effective date oftha termination.
Overpayment; CCCC agrees to return to the City any overpayments made
through inadvertence or miscalculation or because payment is disallowed as not
having been properly earned under this Agreement. Such funds shall be refunded
in full by CCCC m the City as follows:
Within twenty (20) days from the date of written notification by the City
to CCCC of overpayment or disallowance; or
Within thirty (30) days following the end of this Agreement.
The City shall have the right to deduct from any subsequent payment
request submitted by CCCC, the amount of any overpayments or
disallowed funds.
2
Suspension of Payment of Fumts: The City may, for reasonable cause, suspend
the payn~nt of funds pending corrective action by CCCC or pending a decision
by the City to terminate this Agreement. The City may, for reasonable cause,
prohibit CCCC from incurring additional obligation of any funds received from
the City, pending corrective action by CCCC or a decision to terminate this
Agreement. Said suspension of payment of funds or obligation thereof may apply
to all or part of CCCC's operations funded by the City.
CCCC agrees to comply with all CSC certification documentation requirements
including, but not limited to:
· CSC Nepot'~m Policy Certification;
· Personnel Policies and Procedures;
· Job Descriptions of all funded staffpositions;
· Certificates of insurance (liability, and thet~ and auto if capital equipment or
vehicle was purchased with Contractor funds);
· License(s) to operate agency/program, if applicable;
· Current list of Subeontractor's board members;
· Sales Tax Exemption Certificate;
· Service site(s) Fire Inspection Certificate(s), ffapplicable;
· Service site(s) Health Inspection Certificate(s), if applicable
Said documentation will be reta'med on file with the City.
The CCCC agrees to provide program data on a quarterly basis, and in a format as
requested by the City, as well as fiscal reports as requested by City.
Indemnification: CCCC shall defend, indemnify, save harmless and exempt the
City, its officers, agents, servants, and employees from and against any and all
suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and
attorneys fees resulting from injury to or death of persons or damage to property
arising out of or resulting from the Contract or from work done by CCCC or its
subcontractors in the performance of the Contract except to the extent caused by
the sole negligence of or breach of contract by the City. In connection with any
legal proceedings ar[sing hereunder, the City reserves the right to retain counsel
of its choice and at its own expense, or in the alternative, to approve counsel
obtained by CCCC. The parties understand that the City does not waive its
sovereign immunity under Fla. Stat. §768.28.
10.
Independent Contractor: CCCC is performing the services and duties required
hereunder as a non-profit partner of the City of Delmy Beach but they are an
independent contractor and not an employee of the City. CCCC shall assume sole
and exclusive responsibility for the paymem of wages to all employees for
services performed by them under this Agreement. CCCC shall, with respect to
said employees, be responsible for withholding federal income taxes, paying
federal social security taxes, maintaining unemploymem insurance and
11.
12.
13.
14.
maintaining worker's compensation coverage in amounts requirea by applicable
federal and state law.
Insurance: CCCC shall provide the City with Comprehensive General Liability
Insurance in the amount of $1,000,000.00 per occurrence naming the City as an
additional insured, with a thirty (30) days notice of cancellation provision. CCCC
shall provide Worker's Compensation Insurance as required by law and
Automobile Insurance in the amount of $500,000.00, naming the City as an
additional insured.
Notices: All notices required hereunder shall be in writing and shall be addressed
to the following representative of the part parties:
For the City:
David Harden, City Manager
City of Delray Beach
100 NW 14 Avenue
Delray Beach, FL 33444
For CCCC:
Nancy K. Hurd, Executive Director
Community Child Care Center of Delray Beach, Inc.
Full Time School Age Programming (-3111)
555 NW 4t~ Street
Delray Beach, FL 33444
Venue/Laws. This Agreement shall be governed by the Laws of the State of
Florida and venue shall be in Paim Beach County, forsaking any other jurisdiction
which either parly may claim by virtue of residency.
Tv, urination: In the event funds to finance this Agreement become unavailable
to the City, the City may terminate this Agreement upon no less than five (5) days
written notice to CCCC. The City shall be the final authority as to the availability
o£ fundso
Notwithstanding any other provision of this Agreemem, the City may terminate
this Agreement for any breach by CCCC. If the City intends to terminate this
Agreement, notice shall be provided in writing to CCCC no less than twenty-four
(24) hours prior to the effective date of the termination. The City's failure to
terminate or suspend a CCCC for past breaches of this Agreement shall be
construed as a waiver of its right to demand strict compliance with the terms of
the Agreement or to terminate for said breaches or similar breaches, and shall not
be construed to be a modification of the terms of the Agreement.
4
In addition, CCCC and the City may terminate this contract with or without cause
provided that CCCC or City shall give sixty (60) days notice in writing to City or
CCCC. The City shall reimburse CCCC for all monies CCCC has expended up to
and including the effective date of the termination and CCCC shall do the same.
15.
Entire Agr~ment. This Agreement along with Exhibits "A", "B' and "C"
attached hereto shall constitute the entire Agreement of the parties with respect to
the subject matter of it. All prior understanding and agreements between the
parties with respect to such maters are merged into this Agreement, which alone
fully and completely expresses their understanding. Modifications to this
Agreement must be made in writing and mutually agreed to by the parties.
16.
Assi nment or . This Agreement may not be assigned or transferred by
CCCC in whole or part without the written consent of the City.
III WITNESS WHEREOF, the parties have entered into this Agreemem on the day and
year first above writtera
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
C~ty Clerk
By:
David Harden, City Manager
Approved as to Legal Form:
City Attorney
Print Name
Signature
Print Name
COMM~Y CHILD CARF~ENTER
By: ~ /.-~.?~...~77.~. ~. ~.~ ·
~nc~' Executive Dtrector
5
EXHIBIT "A"
Program Compliance Items
CCCC agrees to comply with all applicable federal, state and local laws.
CCCC agrees to comply with the following requiremems:
ao
To ma'mtain books, records and documents in accordance with normally accepted
accounting procedures and practices, which sufficiently and properly reflect all
expenditures of funds provided by the City under the Agreement.
To assure that these records shall he available upon reasonable notice, for inspection,
review or audit by the City and personnel duly authorized by the City to make such
inspection, review or audit.
To submit, upon completion of this Agreement, A GAO Standard Financial and
Compliance Audit ("the Audit"), complete with management letter, within 180 days
of CCCC's fiscal year end. In the event that CCCC's fiscal year end occurs prior to
the completion of the term of this Agreement. CCCC will supply the Audit and
accompanying management letter for each of CCCC's fiscal years occurring during
the term of this Agreement, each such audit and management letter to he provided
within 150 days of CCCC's fiscal year end.
d. To maintain and file with the City such progress, fiscal, inventory, and other reports
as the City may require during the terms of the Agreement.
e. To include these aforementioned audit and record keeping requirements in all
approved subcontracts and assignments.
To acknowledge, to the extent feasible and appropriate, City and Children Service
Council funding of the program identified in Exhibit "A" in publications, bulletins,
public relations activity and stationery of CCCC.
CCCC agrees:
To retain all financial records, supporting documents, statistical records and any
other documents pertinent to this Agreement for a period of five (5) years
following termination of this Agreement or, if an audit has been initiated and
audit findings have not been resolved at the end of the five year period, the
records shall be retained until resolution of all audit findings. CCCC further
agrees that all records, papers, letters, or other documents made or received in
conjunction with this Agreement and the provision of services hereunder shall be
subject to public access pursuant to the provisions of Chapter 119, Florida
Statutes. The provisions of this paragraph shall survive termination of this
Agreement, except that public records, which are confidential by or otherwise
restricted from disclosure by laws, including as required pursuant to the Health
bo
eo
go
Insurance Portability and Accountability Act, 45 CFR, Parts 160 and 164, must be
protected from disclosure.
Persons duly authorized by the City shall have full access to and the right to
examine any of said materials during said period.
To permit access by persons duly authorized by the City upon reasonable notice,
to the program(s) funded by the City hereunder for purposes of monitoring said
program(s).
To report to the City during the term of this Agreement any threatened or pending
litigation brought against CCCC, including a description of the nature of the
claims involved, and, upon request, to furnish information regarding the status of
such litigation and copies of pleadings filed therein.
To accurately report to the city, in a format deemed acceptable by the City, ail
revenues received by or for the program funded pursuant to this Agreement,
regardless of source. Revenues include, but are not limited to, Medicaid or
insurance reimbursement, donations, grants, and program income; i.e., fees paid
for services. In the event CCCC fails to properly report all program revenues and
the City subsequently learns that such income was not properly disclosed, the City
reserves the right to reduce the amount to he paid to CCCC by the City by the
amount not disclosed (or, if paymem has already been made, to recover said
amount), or to terminate this Agreement.
That those capitai items which are to he acquired by CCCC and reimbursed by the
City, shall he subject to the requirements (i) that said items may not he
mortgaged, pledged, or hypothecated without the prior written approval of the
City, (ii) that upon termination or earlier cancellation of this Agreement, at the
City's request, unless there is specific notification that this requirement is waived
by the City, the said items(s) shall he (a) returned (with title being transferred) to
the City or the City's designee, or (b) reimbursed to the City at book vaiue
(determined by the City); (iii) that said item(s) shall be maintained in operable
condition; and (iv) that said item(s) will be insured in case of loss or theft.
To obtain City approvai for any proposed chan~es in the program prior to
implementation.
To submit and maintain a current copy of the following on file with the City:
o Certificates of insurance (liability and their, and auto if capitai equipmem or
vehicle was purchased with City/CSC funds);
o License(s) to operate agency/program, ff applicable;
o Service site(s) Fire Inspection Certificate(s), if applicable;
o Service site(s) Health Inspection Certificate(s), if applicable
To obtain written approvai from the City for any proposed changes in the program
budget hereunder prior to implementation.
2
The fiscal administration of this Agreement will be pursuant to the City's "Fiscal
Guidelines," a copy of which CCCC acknowledges receiving.
That the following issues or information shall be fumisbed or resolved within 60
days of execution of this Agreement:
o Completion of program evaluation forms/test instruments;
o Submission of copy of sales tax exemption certificate or application;
o CCCC will not begin operation of the program funded hereunder prior to
obtaining a binder for provision of general liability insurance coverage.
o Submission of copies of all persounel or service provision subcontracts, contracts
and/or agreements related to the operation of the program funded hereunder.
CCCC agrees that, as between the parties to this Agreement, it is solely responsible for
operation and management of the program(s) funded hereunder and that the City has not
and will not be involved in any way in such operation and management.
CCCC shall not use or disclose any information concerning a client served under the
Agreement for any purpose not in conformity with federal and state laws and regulations
except on written consent of the client, or his responsible parent or guardian when
authorized by law.
ao
CCCC agrees to establish and maintain procedures and controls acceptable to the
City for safeguarding records, so that no information contained in CCCC's
records, or obtained fi.om others carrying out the terms of the Agreement, shall be
used by or disclosed by CCCC, its agents, officers or employees except as
provided by law.
bo
It shall be the responsibility of CCCC to take all reasonable steps necessary to
implement promptly such procedures and controls in order to protect the privacy
of a client receiving services hereunder and in order to assure the maintenance of
confidentiality of any medical or other information pertaining to any such client.
CCCC shall submit to the City program data, including client identifiable data and status
of program capacity (staff to client/child/family ratio) as deemed essential by the City.
CCCC shall furnish the City with reports of the effectiveness of the program and include
statistics and data on the number of persons served and such other reports and
information that the City may require. Said reports shall be made as requested fi.om the
effective data of this Agreement and in a format provided by the City.
The services provided by CCCC hereunder are provided on a non-exclusive basis, and the
City specifically reserves the right to subcontract with others for similar services. This
Agreement shall give no rights to any person or entity who is not a party hereto.
3
:~ ~:. ,-- ~
~ c '~ = ._
.. u ~ ~ ~ ~ ~ 0 n ~ ~ E = "
, l, , , , , , ,
..J~
<z
BEACON CENTER ACTMTIES
This list contains the current programs, activities and hours of opemtioas that exist at the Beacon
Center at Village Academy. This list itt no way should be considered as all inclusive and flxed. The
City in partnership with its non-profit partner may amend this exhibit as necessary, to enhance the
services and programs that are provided at the Beacon Center.
Extended Day (After. sehoolJ ComDonent
Serves 300 elementary school students
Licensed by PBC Health Dept maintaining 1 to 20 ratio at all times
Hours of Operatinn: 2:30pm - 7:00pm
9:00am - 1:00pm
Release- 7:00pm
7:00am- 5:30pm
Monday - Friday
Saturdays
Early Release Days
Teacher Work Days, Holidays and
Nine weeks during the summer
The Center has approval for and has posted the following Holiday observance days:
September 6, 2004
November 25 & 26, 2004
December 23, 24, 27 - 31, 2004
May 30, 2005
July 4, 2005
Daily breakfast included
CSC provides major overlays to the component at no cost to the CBO, which includes CHAMPS, a
Foundations, Inc., curriculum, head teacher and instructor stipends for 1 hour of instruction per day,
four days a week.
Includes Center for Creative Education (CADRE) programming, which includes artists who provide
arts and culture experiences for the students tied to the CHAMPS curriculum and other overlays for
arts and culture.
Grade level academic extension of the school day:
tutoring assistance
homework preparation
recreation (a variety of sports and teams and cheerleading)
cultural and social clubs
community service
variety of field trips
The Brotherhood is special programming utilizing a certified teacher for male smdants in grades 3, 4
and 5 identified as behavior and/or academic challenges
4
T~en Component for Gr#d~s 6 throunh 12
Serves 20 to 30 youth daily
Location: Delray Full Service Center
Hours: 3:00pm - 9:00pm, Monday through Thursday
Includes Center for Creative Education (CCE) CADRE for middle school students
Other components include:
homework assistance
sports and recreation including athletic teams
academic
cultural and social clubs
college and career prep, life, leadership
relationship and healthy choices skill training
community service
$~orts
Teams in both the extended day
Flag football and basketball teams for 13 and under
Sports for 17 and under provided
palm Beach Literacy Coalition
)~ Village Readers Family Literacy Program - Americorps staff assist students interactive literacy
activities
Adult Education
Computer Training: Monday - Thursday
Classes for Beginner, Intermediate and Advanced
ESOL
GED
Child sitting provided
Children's Cane Manauement OrRanization fCCCC)
This is a subcontract with the Beacon Center, which will continue with the new CBO for services to
children and families. The agency facilitates workshops and provides short time counseling for families
with challenges. They also support the Kin Support Project, which meets monthly and has speakers on
topics relating to family needs.
FAU Haitian Family Services
This activity is held on Wednesday evenings with parents and children meeting in separate groups,
facilitated by FAU School of Social Work staffand/or interns to discuss topics which strengthen the
family unit and allow youth to operate more effectively and independently.
Provided through CSC Parent Center
child sitting provided
participation in these classes me~tings DCF requirements
conducted in both English and Creole
Tips f~r Parents is a six-week series ~f parenting ¢~asses ~~ered by the Parenting Center thr~ugh a
certified parent educator
Creatin~ L~stin~ Family Connections
Currently provided by a Substance Abuse and Mental Health (SAMH) grant through the City of
Delrey Beach.
Interactive session for adults, children and adults and children together, on building family
cohesiveness and strength.
P re R n Center
Staffed by Parent Resource Coordinator
Special Events for parents
Coordinated by Family Involvement Specialist
Report Card Night, where parents are encouraged to meet their children's teacbers for paren~eacher
conference and to pick up reports cards.
The Academic Breakfast - where parents are invited ~ see those students who are recognized for
being on the Principal's and Village Academy Honor Rolls.
late eneration Cho'
Funded by a grant from the Cultural Council
Provides weekly practice on Mondays at Village Academy; includes gospel, spiritual and traditional
hymns in their performances.
Community Advisory Council (CAC)
Mandatory for all B~acon Centers
FITA provides tax filing assistance to families through the Beacon Center. The program is funded
and nm through a grant from United Way in parmership with the Beacon Center.
SSr~et Patrol.is funded through the City of Deiray Beach. It provides security in the neighborhood
and at special events.
6
Date: July 16. 2004
AGENDA ITEM NUMBER:
AGENDA REOUEST
Request to be placed on:
X Consent Agenda __ Regular Agenda __ Workshop Agenda __ Special Agenda
When: July20. 2004
Description of agenda item (who, what, where, how much):
Approval of the Memorandum of Agreement between The City of Delray Beach and
Children's Services Council (CSC) of Palm Beach County in an amount not to exceed
$931,676 in support of the Beacon Center Services at the Village Academy Elementary
School for the period of August 1, 2004 through September 30, 2005. The approval of the
subcontract for services for the same period between the City of Delray Beach and Children
Case Management Organization (CCMO) for social work services to children and families.
The approval of the subcontract between the City of Delray Beach and the Community
Child Care Center (CCCC) as the non-profit partner responsible for carrying out the
program and services at the Beacon Center for the period of August 1, 2004 through
September 30, 2004.
Department Head Signature: ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda~
/
Hold Until:
No Initials:
Agenda Coordinator Review:
Received:
To: City Commission
From: David Harden~)~
CC:
Date=. July 15, 2004
Amendments No. 1&2 to Intedocal Agreements with Palm Beach County for
Distribution of Local Option Gas Tax Proceeds
Palm Beach County levies local option gas taxes totaling 11cents per gallon which must be
shared with municipalities. Six cents per gallon was first levied in 1986. This six cents is
distributed pursuant to an intedocal agreement entered into in 1986 and renewed in 1995.
This agreement provides that the County receives 66 2/3 % of the revenue and municipalities
receive 33 1/3 %. An additional five cents per gallon was first levied in 1993 and is distributed
pursuant to a separate interlocal agreement providing for the County to receive 79% of the
revenue and the municipalities 21%. The shares were based on the previous five years
transportation expenditures at the time the agreements were adopted. In each case, the
municipal share is then divided among the 37 cities in the county based 30% on population
and 70% on lane miles of public streets.
When Wellington was incorporated in 1997, the 33 1/3 % and 21% municipal shares did not
change, so Wellington's share had to be taken from the other previously existing cities. As a
result, our local option gas tax revenues in 1997 were $198,000 less than in 1996. In order to
avoid a recurrence of this situation, the Palm Beach County League of Cities has been
working with the County for the past seven years to have the Jnterlocal agreements regarding
distribution of the local option gas tax amended. The attached amendments accomplish that
purpose.
The attached agreements provide that if a new municipality is created in Palm Beach County,
the new municipality's share of the local option gas tax will come from the county and the
municipalities in the same proportion as the tax is currently being divided between the two.
That is, the County would contribute 66 2/3 % and 79% respectively from the two gas tax
levies, with the balance coming from the municipalities. Then the total County and municipal
shares would be recalculated to reduce the County share and increase the municipal share
in future years.
Recommendation: After working on this problem for many years with the League of Cities
and Palm Beach County, I believe this is an equitable sotution to this particular problem, and
recommend that the Commission approve the amendments.
Kucmerowski, Carolanne
Page 1 of 1
From: Ruby, Susan
Sent: Thursday, July 08, 2004 4:34 PM
To: Kucmerowski, Carolanne
Subject: amendments one and two re: gas tax
I have reviewed the amendments nos, one and two. They are acceptable as to legal sufficiency and form.
Susan ~ ~uby
City Attorney
200 N. W. 1st Ave.
Delray Beach, FI. 33444
561-243-7091
ru_~y@~i ,d ~J.r.~yr bea~.f.!.u s
7/8/2004
AMENDMENT #1 TO INTERLOCAL AGREEMENT
THIS AMENDMENT #1 to the Interlocal Agreement dated May, 1995, by and between Palm
Beach, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and
, a municipal corporation located in Palm Beach
County, organized and existing in accordance with the laws of the State of Florida, hereinafter
referred to as the "MUNICIPALITY", is made and entered into this day of
,2004 ("Amendment #I").
WITNESSETH:
WHEREAS, Section 336.025(1)(a), Florida Statutes, authorizes a one (1), two (2), three (3),
four (4), five (5), and/or six (6) cent local option gas tax ("the Tax") to be levied upon the sale of
every gallon of motor fuel and special fuel within the COUNTY; and
WHEREAS, the COUNTY and various MUNICIPALITIES entered into an Interlocal
Agreement in May, 1995, ("Interlocal Agreement") to provide for the distribution formula for
dividing the proceeds of the tax among the COUNTY and all eligible municipalities within the
COUNTY; and
WHEREAS, the creation of a new municipality (the Village of Wellington) in Palm Beach
County negatively impacted the existing eligible municipalities, with no impact on the COUNTY, in
terms of this distribution formula; and
WHEREAS, the dissolution of an existing municipality (the Town of Golfview) in Palm
Beach County positively impacted, although in a minute way, the existing eligible municipalities,
with no impact on the COUNTY, in terms of this distribution formula; and
WHEREAS, the COUNTY and the MUNICIPALITY wish to amend the Interlocal
Agreement to provide for an equitable sharing of the impact of either the future creation of a new
municipality or the future dissolution of a municipality in Palm Beach County; and
WHEREAS, representatives of the COUNTY and the various municipalities, utilizing the
Palm Beach County League of Cities, Inc. (Successor to the Palm Beach County Municipal League
-1-
Inc.), have met and negotiated mutually acceptable terms and conditions for this Amendment #1
which are set forth herein; and
WHEREAS, this Amendment #1 will allow for more predictable financial planning for these
proceeds by the MUNICIPALITY and the COUNTY; and
WHEREAS, the Florida Legislature, under advisement from the Palm Beach County
Legislative Delegation, is the governmental entity which lawfully creates new municipalities and
under one method is similarly involved in dissolving a mtmicipal corporation; and
WHEREAS, the COUNTY and the MUNICIPALITY, in conjunction with the Palm Beach
County League of Cities, Inc., intends that Palm Beach County Legislative Delegation and the
Florida Legislature (and Governor if deemed necessary) be made aware of this Amendment #1 and
appropriately incorporate its provisions in any related future legislation.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained and for such other good and valuable consideration, the receipt of which the parties hereby
expressly acknowledge, the parties hereto covenant and agree to amend the terms and conditions of
the Interlocal Agreement as follows:
Section 1: Section 3. of the Interlocal Agreement shall be amended by the addition of
new subsections "C" "D" and "E" which shall hereafter read as follows:
3A. (This subsection shall remain in full force and effect as set forth in the
Inteflocal Agreement)
3B. (This subsection shall remain in full force and effect as set forth in the
Interlocal Agreement)
3C. In the event a new municipality is incorporated in Palm Beach County, its
share of the six (6) cent gas tax shall be provided from the shares formerly allocated
to the county and the collective municipalities as set forth below.
1. In the first full fiscal year following incorporation, the new
municipality will receive a sum based solely on its population as opposed to
-2-
the usual distribution formula of lane miles and population as set forth in
Section 4. of the Interlocal Agreement. Said sum shall be determined by
multiplying the population of the new municipality times the municipal
per capita distribution amount from the most recently available fiscal
year and shall be funded from the county's and collective municipalities'
shares in accordance with the same percentages due to the county and
the collective municipalities as set forth in Section 3A above or any
amendment thereto (i.e. currently sixty-six and two thirds percent (662/3%)
from the county's share and thirty-three and one third percent (33~/3%) from
the collective municipalities' share; see Attachment 1 attached hereto which
shows an example of the calculations for a hypothetical new municipality
with a population of 40,000).
a. The combined county and collective municipalities'
contributions shall equal one hundred percent (100%) of the new
municipality's share.
b. Section 4 below shall continue to apply as the distribution
formula for the remaining municipalities after their contribution to the new
municipality's amount as set forth in Section 3C1 above.
2. In the subsequent fiscal years after the first full fiscal year following
incorporation of the new municipality:
a. The percentage allocated to the county as set forth in Section
3A above or any current amendment thereto, shall be amended by reducing it
in an amount that reflects the county's contribution to the new municipality's
amount as set forth in Section 3C 1, above.
b. Likewise, the percentage allocated to the collective
municipalities, including the new municipality, as set forth in Section 3A
above or any current amendment thereto, shall be amended by increasing it in
an amount that reflects the county's contribution to the new municipality's
amount as set forth in Section 3C1 above.
-3-
c. Section 4 below shall apply to the new municipality in all
annual distributions in the years after the first full fiscal year following
incorporation of the new municipality.
3D. In the event an existing municipality in Palm Beach County is dissolved, the
former municipality's share of the six (6) cent gas tax shall be distributed to the
county and to the remaining collective municipalities by applying in reverse the
process set forth in Section 3C, above.
3E. In the event of proposed legislation which would either create or dissolve a
municipality in Palm Beach County, the county and the subject municipality agree
that the Palm Beach County Legislative Delegation and the Florida Legislature (and
Governor, if deemed necessary) be made aware of this Amendment gl and
appropriately incorporate its provisions into such proposed legislation. The subject
municipality may accomplish this by supporting the Palm Beach County League of
Cities, Inc., as the organization that is in place to convey municipal consensus on
legislative matters.
Section 2: This Amendment gl shall be attached to the Interlocal Agreement and shall
become a part thereof. All other Sections of the current Interlocal Agreement shall remain in full
force and effect as set forth in that Agreement and there shall be no changes to that Agreement with
the exception of those items specifically set forth in this Amendment gl.
Section 3: This Amendment # 1 to the Interlocal Agreement shall take effect only upon
execution both by the COUNTY and those municipalities representing a majority of the population
of the incorporated areas of the COUNTY. In the event that either the COUNTY fails to execute this
Amendment gl or in the event that those municipalities representing a majority of the population of
the incorporated areas of the COUNTY fail to execute this Amendment gl, then this Amendment gl
shall be null and void and the parties hereto shall have no further rights or responsibilities hereunder.
-4-
IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set
forth above.
ATTEST:
(NAME OF MUNICIPALITY)
By:. By:
Municipal Clerk Mayor
(SEAL)
ATTEST:
PALM BEACH COUNTY, FLORIDA BY
ITS BOARD OF COMMISSIONERS
By: By:
County Clerk Chair
(SEAL)
-5-
FROM : PBC LEAGUE OF CITIES PHONE NO. : Jul. 07 2004 03:49AM P2
ATTACHMENT
A new municipality's first year amount would be detcnnined by its population
and, in the case of the six cents tax, 66,67% of this amount would come from the
County's share and 33.33% from the collective existing municipalities' share.
Similarly, for the five cents tax, 79% would come from the County's share and
21% from the collective existing municipalities' share, The resulting slightly
lower percentage for the County's share of each tax would be carried forward and
used as the split in subsequent years, (In the attached example, the existing
66.67% - 33.33% split would become a 65.24% - 34.76% split and the existing
79% - 21% split would become a 77.93% - 22,07% split.) Although the overall
municipal portion increases, the existing municipalities' would also have their
individual shares reduced to provide the non-County portions for the new
municipality.
In the attached example for a new city (population 40,000):
Palm Beach County's six-cent share goes from 66.67% to 65.24%
Overall municipal six-cent share goes from 33.33% to 34.76%
Delray Beach's six-cent share goes from 3.67% to 3.59% (as one example)
F:',HF042~04,1A
FROM : PBC LEAGUE OF CITIES PHONE NO. : Jul. 87 2884 03:49AM P3
Endty
Belle Glade
Boca R~mn
Boy~to~ Be~ch
Briny Bt~ez
Cloud ~=
Delray ~
Glen ~dge
Golf
Hav~U
~i~l~d B~h
H~luxo
Juno ~h
~ke
L~e W~
M~a
N~ P~Im
Ocem
P~
Palm
B~ B~h
Palm B~ Sho~s
Palm
~vcd~
Royal Palm
~ Pa~ ~e~h
W~li~
Dlstribu~/~ bcfom New CiW
New CiD' (population 40,000)
Total Municipal Distribution
County
Total
62,687 0.21% 29,586 0,13%
255394 0.85% 120,539 0.53%
L367,787 4.53% 645,556 2.85%
803.913 2,66% 379,424 1.68%
3,208 0.01% 1,514
4.03t 0.01% 1.902 0,01%
1,1o7,932 'a~,.~ 5z2.912
1 1,351 0.04% 5.358 0.02%
14.997 0.05% 7,078 0.03%
237,~5 0.78% t I ],878 0.4~A
26,880 0.~A ~2,686 0.06%
23.876 0.08% 11.2~ 0.0~%
9,938 0,03% 4,~
31,788 0.11% 15.~3 0.07%
~7~8~ 2.01% 286,902 1.27%
6,975 0.02% 3,292 0.01%
71,749 0.24% ~,g~ 0.15%
107,828 0,36% 50,892 0,22%
372,~2 1.23% 175.~2 0.78%
165.147 0-~5% 77,~ 0.34%
11,453 0.~% 5,4~ 0,02%
~,616 0.07% 9,730 0.04%
18],224 0,6~A 85,532 0.38%
59.542 0.20% 28,102 0.12%
48,871 0,16% 23,~ 0.[0%
136.541 0.4~% M,~4 0.28%
359.121 1,1~/o 169.495 0.75%
25, I 15 0.08% l t .85a 0,05%
185,~ 0.62% 87.782 039%
563,749 1,87% 266.073 1.18%
458,627 1.52% 216,459 0,96%
68,183 0,2~% 32.I80 0.14%
3.374 0.01% 1,5~ 0.01%
120,005 0.~A 56,639
1,035,305 3.43% 488.6~ 2.16%
1,477,058 4,89% 697,128 3.08"4
10,067.535 33.33% 4,751,585 21,00~4
20,135.070 17,875.012 79.00~
30r 202.605 22 626,597 100.00%
6[.345
249,929
1.338.516
786,709
.3,139
3.945
1,084,22 I
I I.I08
14,676
231,972
26,305
351,435
9,852.082
646,360
10,498,441
19,704,164
30.202.608
Equity Appcoach
6 ccnt% 5 cenl 5 ~ni %
0.20% 29.188 0.13%
0.83% 115.914 0.53%
4,43% 636.852 2.81%
2.60% 374.308 1,65%
0.01% 1.494 0,01%
o.o1% 1,a77 o.o l,,,o
:.'' '..'~;J~,.i.'~.a.' ~15.862 2.28%
0,~% 5,285 0.02*/
0.05% 6,983
0,77% t 10,3T0
0 0~/~ 9.3~ 0.04%
O,~A 12~15 0.06%
0.08% t t. 117 0.05~
0.03~ 4.627 0.02%
0.1~ 14.801 0.07~
1.~% 283.034 1.25~A
0.02% 3.247 0.0
0,23% 33.~7 O.I 5%
0.35~ 50.2~ 0.22%
1.21% 173,323 0.77%
0.54% 76.8~ 0.34%
0.~% 5.333 0.02%
0.07% 9,5~ 0.04%
0.5~ 84,379 0.37%
O- I ~A 27,723 O, 12%
0,16% 22,755
0.~% 63,575 0,28%
1.16% 167,209 0,7~
0.08% 11,6~
0.~% 86,598 0,38%
1.83% 262,486 1,I6%
1.49% 213,~0 0.9a%
0.22% 31,746 0,14%
0.0[% 1,571 0,01%
0.39% 55.875 0.25%
3.35% 482.~ 2.13%
a,7~/, 687,729 3.04%
32.62% 4,687,522 20,72%
2.1a% 305.063 1.35%
~.76'~1 4.992,585[ 22.07%
1~.00%I 22,626.5~7 ~ 1~.~
]~Iunicloal Per Capita A~OIlll~ ~ 623,030 Curreu~ Municipal Populatiou
6Ceme 10,067,535 $16.16 ($16.15898913)
623.030
5 Ceat 4,751,585 87.63 ($7.62657496)
623,030
AMENDMENT #2 TO INTERLOCAL AGREEMENT
THIS AMENDMENT #2 to the Interlocal Agreement dated August, 1993 and amended in
May, 1995, by and between Palm Beach, a political subdivision of the State of Florida, hereinafter
referred to as the "COUNTY" and , a municipal
corporation located in Palm Beach County, organized and existing in accordance with the laws of the
State of Florida, hereinafter referred to as the "MUNICiPALITY", is made and entered into this
day of ., 2004 ("Amendment #2").
WITNESSETH:
WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes a one (1), two (2), three (3),
four (4), and/or five (5) cent local option gas tax ("the Tax") to be levied upon the sale of every
gallon of motor fuel and special fuel within the COUNTY; and
WHEREAS, the COUNTY and various MUNICIPALITIES entered into an Interlocal
Agreement in August of 1993 which was amended by the parties in May, 1995, ("Interlocal
Agreement") to provide for the distribution formula for dividing the proceeds of the tax among the
COUNTY and all eligible municipalities within the COUNTY; and
WHEREAS, the creation of a new municipality (the Village of Wellington) in Palm Beach
County negatively impacted the existing eligible municipalities, with no impact on the COUNTY, in
terms of this distribution formula; and
WHEREAS, the dissolution of an existing municipality (the Town of Golfview) in Palm
Beach County positively impacted, although in a minute way, the existing eligible municipalities,
with no impact on the COUNTY, in terms of this distribution formula; and
WHEREAS, the COUNTY and the MUNICiPALITY wish to amend the Interlocal
Agreement to provide for an equitable sharing of the impact of either the future creation of a new
municipality or the future dissolution of a municipality in Palm Beach County; and
WHEREAS, representatives of the COUNTY and the various municipalities, utilizing the
Palm Beach County League of Cities, Inc. (Successor to the Palm Beach County Municipal League
Inc.), have met and negotiated mutually acceptable terms and conditions for this Amendment #2
which are set forth herein; and
WHEREAS, this Amendment #2 will allow for more predictable financial planning for these
proceeds by the MUNICIPALITY and the COUNTY; and
WHEREAS, the Florida Legislature, under advisement from the Palm Beach County
Legislative Delegation, is the governmental entity which lawfully creates new municipalities and
under one method is similarly involved in dissolving a municipal corporation; and
WHEREAS, the COUNTY and the MUNICIPALITY, in conjunction with the Palm Beach
County League of Cities, Inc., intends that Palm Beach County Legislative Delegation and the
Florida Legislature (and Governor if deemed necessary) be made aware of this Amendment #2 and
appropriately incorporate its provisions in any related future legislation.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained and for such other good and valuable consideration, the receipt of which the parties hereby
expressly acknowledge, the parties hereto covenant and agree to amend the terms and conditions of
the Interlocal Agreement as follows:
Section 1: Section 2. of the Interlocal Agreement shall be amended by the addition of
new subsections "C" "D" and "E" which shall hereafter read as follows:
2A. (This subsection shall remain in full force and effect as set forth in the
Interlocal Agreement)
2B. (This subsection shall remain in full force and effect as set forth in the
Interlocal Agreement)
2C. In the event a new municipality is incorporated in Palm Beach County, its
share of the tax collected pursuant to the ordinance referenced in the Agreement shall
be provided from the shares formerly allocated to the county and the collective
municipalities as set forth below.
1. In the first full fiscal year following incorporation, the new
municipality will receive a sum based solely on its population as opposed to
the usual distribution formula of lane miles and population as set forth in
Section 3. of the Interlocal Agreement. Said sum shall be determined by
multiplying the population of the new municipality times the municipal
per capita distribution amount from the most recently available fiscal
year and shall be funded from the county's and collective municipalities'
shares in accordance with the same percentages due to the county and
the collective municipalities as set forth in Section 2A above or any
amendment thereto (i.e. currently seventy-nine percent (79%) from the
county's share and twenty-one percent (21%) from the collective
municipalities' share; see Attachment 1 attached hereto which shows an
example of the calculations for a hypothetical new municipality with a
population of 40,000).
a. The combined county and collective municipalities'
contributions shall equal one hundred percent (100%) of the new
municipality's share.
b. Section 3. below shall continue to apply as the distribution
formula for the remaining municipalities after their contribution to the new
municipality's amount as set forth in Section 2C1 above.
2. In the subsequent fiscal years after the first full fiscal year following
incorporation of the new municipality:
a. The percentage allocated to the county as set forth in Section
2A above or any current amendment thereto, shall be amended by reducing it
in an amount that reflects the county's contribution to the new municipality's
amount as set forth in Section 2C1, above.
b. Likewise, the percentage allocated to the collective
municipalities, including the new municipality, as set forth in Section 2A
above or any current amendment thereto, shall be amended by increasing it in
an amount that reflects the county's contribution to the new municipality's
amount as set forth in Section 2C1 above.
c. Section 3. below shall apply to the new municipality in all
annual distributions in the years after the first full fiscal year following
incorporation of the new municipality.
2D. In the event an existing municipality in Palm Beach County is dissolved, the
former municipality's share of the gas tax shall be distributed to the county and to the
remaining collective municipalities by applying in reverse the process set forth in
Section 2C, above.
2E. In the event of proposed legislation which would either create or dissolve a
municipality in Palm Beach County, the county and the subject municipality agree
that the Palm Beach County Legislative Delegation and the Florida Legislature (and
Governor, if deemed necessary) be made aware of this Amendment #2 and
appropriately incorporate its provisions into such proposed legislation. The subject
municipality may accomplish this by supporting the Palm Beach County League of
Cities, Inc., as the organization that is in place to convey municipal consensus on
legislative matters.
Section 2: This Amendment #2 shall be attached to the Interlocal Agreement and shall
become a part thereof. All other Sections of the current Interlocal Agreement shall remain in full
force and effect as set forth in that Agreement and there shall be no changes to that Agreement with
the exception of those items specifically set forth in this Amendment #2.
Section 3: This Amendment #2 to the Interlocal Agreement shall take effect only upon
execution both by the COUNTY and those municipalities representing a majority of the population
of the incorporated areas of the COUNTY. In the event that either the COUNTY fails to execute this
Amendment #2 or in the event that those municipalities representing a majority of the population of
the incorporated areas of the COUNTY fail to execute this Amendment #2, then this Amendment #2
shall be null and void and the parties hereto shall have no further rights or responsibilities hereunder.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set
forth above.
ATTEST:
By:
Municipal Clerk
ATTEST:
By:
County Clerk
(NAME OF MUNICIPALITY)
By:
Mayor
(SEAL)
PALM BEACH COUNTY, FLORIDA BY
ITS BOARD OF COMMISSIONERS
By:
Chair
(SEAL)
- 5 -
Menlo
To: City Commission
From: David Harden~(/'~
CC:
Date,'
July 16, 2004
Proposed Millage and Budget Adoption Schedule
Attached is information concerning our preliminary tax roll and the formal budget adoption
schedule. I expect to have a budget summary available Tuesday evening along with a
recommended proposed millage. The entire detailed proposed budget will be given to you
under separate cover on or before Monday, July 26.
We must send our proposed millage to the property Appraiser's office no later than August 1,
so it needs to be adopted Tuesday evening unless the Commission chooses to meet again
next week.
I recommend that the Commission schedule an extra Work Session on August 24 to focus on
the budget. A third Work Session could be scheduled on August 31 if needed. I also
recommend that again this year we have on each regular meeting agenda an item to receive
comments from the public on the proposed budget.
MEMORANDUM
TO:
Yvonne Walker, Budget Administrator
FROM:
Chevelle D. Nubin, Acting City Clerk
SUBJECT: FY 2005 Budget Procedure/Deadlines
DATE: June 17, 2004
Per Charter and Chapter 200.065 F.S.:
Charter Section 4.05(d) requires a public hearing on the budget to be held at the first regular
Commission meeting in September. This year the meeting will be held on Tuesday, September 7,
2004. Notice of the public hearing must be published at least one week prior to the meeting. It
must contain a condensed copy of the proposed budget.
To comply with the deadline, the Clerk's office will publish the notice on Friday, August 27,
2004, in the Defray Beach News. To meet the paper's deadline the ad needs to be delivered by
the end of the day on Wednesday, August 25t~. Therefore, the final proofed ad must be received
by Sue Maluney in the Clerk's office by noon on Wednesday, August 25e~.
At the September 7~h regular meeting, three resolutions will be presented for consideration. One
to tentatively levy the millage rate within the City, one to tentatively levy the millage rate on all
properties within the Downtown Development Authority, and one to tentatively adopt the
budget for FY 2005. Upon adoption, the percent by which the proposed millage rate exceeds the
rolled-back rate must be publicly announced. That percent shall be characterized as the
percentage increase in property taxes tentatively adopted by the City Commission.
Within 15 days of the Commission meeting adopting the tentative budget, we have to advertise
the City's intent to adopt a final millage rate and budget. Per Charter Section 4.05(e), the final
millage rate and budget for FY 2005 will be adopted by resolution at the second regular
Commission meeting in September, or Tuesday, September 21*~. Per F.S. 200.065(4)(d), a public
hearing to adopt the final budget and millage rate must be held not less than two (2) days or
more than five (5) d~ays after the day the advertisement is published. I will publish the final
budget ad on Friday, September 17, 2004. To meet the newspaper deadline, the final budget ad
must be received by Sue Maloney in the Clerk's office by noon on Wednesday, September 15t~,
for delivery to the De[ray Beach News. Please refer to F.S. 200.065 for details as to form and
content requirement for the advertisement.
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Joseph Safford, l~mance Director
Sue Maloney, Administrative Assistant
t
Constantine Dlno Manlotls, CFE
Tax Roll Coordinator
301 North Olive Avenue, Sm Floor
_ _W_e_s_t _ _P_aJ m B~a_~. h ,_FJ _o r I~_a_3_3~01
(561)355-2681 Fax: (561)355-3963
Emalh dmanlotl~co.palm-beach.fl.us
Gary R. Nikolits, CFA
Palm Beach County
Property Appraiser
July 1, 2004
Mr. Joseph M. Safford, Finance Director
Delray Bch - Downtown Dev. Auth.
100 NW First Avenue
Delray Beach, FL 33444
Re: 2004 Preliminary Tax Roll
Dear Mr. Safford
The Property Appraiser's Office uses your phone numbers as it appears at the bottom
of the DR420 to print onto TRIM. If this is not the phone number you wish to use for the
notices, please send me a memo indicating the proper number at the time when you
submit your completed DR420.
Please bear in mind of the following dates when you set your first public hearing date:
e
Board of County Commissioners has set their dates as September 9, and
September 27, 2004. The September 27, 2004 date is a change that Liz
Bloeser gave me on Thursday, June 24, 2004 regarding the original
scheduled September 22, 2004 date that Liz gave out earlier in the year.
e
School Board has set tentative dates as July 26, 2004 and September 13,
2004. You may need to confirm these dates with the School Board.
Sincerely yours,
Constar ine Dinol
Tax Roll Coordinator
F:\Tax Roll~Preliminar/~Memo_SO_Recelpt.wpd
SE~CTION I 2oo4
CERTIFICATE OF TAXABLE VALUE
Year
PAUl BEACH County To Deiray Beach
(4)-Current-Y-ear-Taxable-Valu~of Real~Propert~f°roperaflngPurposes
(2) Current Year Taxable Value of Personal Property for Operating PurpOses
(3) Current Year Taxable Value of Centrally Assessed for Operating 'Purposes
(4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3)
(5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative
Improvements Increasing Assessed Value By At Least 100% +,/Annexations - Deletions)
(6) Current Year Adjusted Taxable Value (4) - (5) '~
(7) Prior Year Final Gross Tax. able Value (From Prior Year Applicable Form DR-403 Series)
I do hereby certify the values shown herein to
signature at W~f; Palro Beach. FI. , this the
DR.420
FL01/95
(Name of Taxing Au~'axity)
5,11 4,4g/~366
285,s3O,BTt
2~,08~r962
5,382,116,19g
t48,76t,664
5,233,354,205
4,705,803,129
hand and official
TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification
and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-.
SECTION II
(8) Pdor Year Operating Millage Levy
(9) Prior Year Ad Valorem Proceeds (7) x (8)
(10) Current Year Rolled-Back Rate (9) / (6)
(1 t) Current Year Proposed Operating M~lage Rate
Per $1,000
Per $1,000
Per $1,0~0
r12) check one (1) TYPE of Taxing Authority
[~] County r--1 Municipality ~ Independent ~ Dependent ~ Municipal Sel~lce r'---] Multi-County
Spedal District Dlsblc~ Taxing Unit ~--] Water Management District
{13) IF DEPENDENT SPECIAL DISTRICT OR MSTU I$ MARKED, PLEASE SEE REVERSE sIDE,
(14) Current Year Millage Levy for VOTED DEBT SERVICE
(15) Current Year OTHER VOTEO MILLAGE
I DEPENDENT SPECIAL DISTRICTS SKIP fines (16) through (22) 1
(t6) Entar Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts
& MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420)
(17) Total Prior Year Proceeds: (9) + (16)
(18) The Current Year Aggregate Rolled-back Rate: (17) / (6)
(19) Current Year Aggregate Rolled-back Taxes: (4) x (18)
(20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal
T;~,ing Authority, all Dependent Districts, & MSTU's if any. Lithe (1.1) x Line (4)
(21) Current Year Proposed Aggregate M!llage Rate: (20) / (4)
(22) Current Year Proposed Rate as a PERCENT CHANGE OF Rolled-back Rate:
[(Line 21 / Line 18) - 1.00] x 100
Date. Time and Place of the first Public Budget Hearing:
Per $1,000
Per $1,000
$
$
$
$
Per $1,000
Per $1,000
%
I de hereby certify the millages and rotes shown herein to be correct to the best of my knowledge and belief. FURTHER,
I Certify that all mlllages comply with the provisions of Sectlo~ 200.071 or 200.081 F.S. WITNESS my hand and official
signature at , Flodda, this the dayof.
Signature and title of Chief Azlmlnlstmtlve OffiCer
Address of Physical Location
Mailing Address
Name of Contact Pemce
Zip Phone Number
SEE INSTRUC'nONS ON REVERSE SIDE
City State Fax Number
8ECTION I 2oo4 .Year
PALM BEACH County
~) Cu~,! ¥~?_T_a~[~.~ of ~_~_Pmp__e_rty~r_~Op~atlng~urpoces
(2) Current Year Taxable Value of Personal Property for Operating Purposes
(3) Current Year Taxable Value of Centrally Assessed for Operating Puq)oses
(4) Curt'ant Year Gross Taxable Value for Operating Purposes (1) + (2) + (3)
CERTIFICATE OF TAXABLE VALUE
(5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative
Impmvements Increasing Assessed Value By At Least 100% ~- Annexations - Deletions)
(6) Current Year Adjusted Taxable Value (4) - (5)
(7) Prior Year Final Gross Taxable Value (From Prior Year Appli~able Form DR-403 Sodas)
I do hereby certify the values shown herein to be correct to the best of myj~,o~ledge and belie, f,..Witness my hand and official
signature at West Palm Beach. FI, , this th~_~.~/__l_ TL day ofl/'/r~JULY 2004 .
To Delray Beach. Debt Service
(Name of Taxing Authority)
$ $,115,54~609
$ 265,530,871
$ 2~087~962
$ 5,383,t66,342
$ 148,761,994
$ 5,234,404,348
$ 4,706,853,2'72
DR-420
R.01~95
TAXING AUTHORITY: If this portion of the form is not completed In FULL your Authority will· be denied TR M certification
and possibly lose its millage levy privilege for the tax year. if any line is inapplicable, enter N/A or -0~.
SECTION II
(8) Pdor Year Operating Millage Levy
(9) Prior YearAd Valorem Proceeds (7)x (8)
(10) Current Year Rolled-Back Rate (9) / (6)
(11) Current Year Proposed Operating Millage Rate
12) Chock one (1) TYPE of Taxing Authority
r-~ County ~ Monlclpallty ~ Independent
$ '. Per $~i,0o0
$
$
Pet $1
$
Per $I,000
r-~ Dependent
~ MunldpelServtca [-'--] Multi-County
Special District DIs~lc~ ' Taxing Unit ~ Water Management Dlsthct
(13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE.
(14) Current Year Millage Levy for VOTED DEBT SERVICE
(15) Current Year T E VOTED ILLAG
I D~-~-NDENT SPECIAL DISTRICTS SKIP lines (16) fl~rough (22) I
(16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts
& MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420)
(17) Total Prior Year Proceeds: (9) + (16)
(t8) The Current Year Aggregate Rolled-back Rate: (17) / (6) .
(19) Current Year Aggregate Rolled-back Taxes: (4) x (18)
(20) Enter Total of all ~on-voted Ad Valorem Taxes proposed fo be levied by the Principal
Taxthg Authority; all Dependent Districts, & MSTU's if any. Uno (1.1) x Lin? (4)
(21) current Year~r~posedAggragate Millage Rate: (20)/(4)
(22) Current Year Proposed Rate as a PERCENT CHANGE OF Rolled-back Rate:
[(Line 21 / Line 18) - 1.00]'x 100
Date, Time and Place of the first Public Budget Hearing:
Per $1iO00
Per $1,000
per $1,0o0
Per $1,000
%
I do hereby certify the mlllages and rotes shown herein to be correct to the best of my knowledge and belief. FURTHER,
I certify that all millages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and offidal
sigeatem at ,Flortda, this the dayof
Signature and title of Chief Administrative Officer
Address of Physical Location
Mailing Address
Name of Contact Person
Zip Phone Numbe~
SEE INSTRUCTIONS ON REVERSE SIDE
City State Fax Number
SECTION I 2o04 Year
P~.M BEACH County
CERTIFICATE OF TAXABLE VALUE
(t) Current YearTaxabteYafoeof EeafPmp~rty for Operating'Purposes
(2) Current Year Taxable Value of Pemo~al Property for Operating Purposes
(3) Current Year Taxable Value of Centrally Assessed for Operating Purposes
(4) Current Year Gross Taxable Value for Opomfing Purposes (1) + (2) + '(3)
(5) Cu;rent Year Net New Taxable Value (New Construction + Additions + Rehabilitative
ImprOvements Increasing Assessed Value By At Least 100% +/Annexations - Deletions)
(6) Current Year Adjusted Taxable Value (4) - (5)
(7) Prior Year Final Gross Taxable Value (From Prior Year Applio~ble Form DR-403 Series)
I do bemby certify the values shown heroin to e and belief,
signature at
To Delm¥ Beach. D.D.A.
(Name of Ta)dng Authodly)
$
$
$
$ 269,326,778,
$ 9,072,3t9
$
269,326~/~8-
0
.0
260,254,459
220,629,462
hand and official
TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authorify will be denied TRIM certification
and possibly lose tis millage levy privilege for the tax year. If any line is inapplicable, enter NIA or -0-.
SECTION.II
(8) Prior Year Operating Millage Levy
(9) Prior Year Ad Valorem Proceeds (7) x (8)
(10) Current Year Rolled-Back Rate (9) / (6)
(1,1) Cu~ent'Year Proposed Operating Millage Rate
I12) County Municipality Independent ~ Dependent
$
S
$
$
Per $1,00~
P~r $1,ooo
Per $1,000
~ MunidpalServles ~ Mul§-Cou~ty
Check one (1) TYPE of Ta)dng Authority
Spatial Dis~ct Dlst~ct Ta.,dng Unit
(13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE.
Water Management DIslrlc~
(14) Current Year Millage Levy for VOTED DEBT SERVICE
(15) CurmntYear OTHERVOTED MILLAGE
DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22) J
(16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts
& MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420)
(17) Total Prior Year Proceeds: (9) + (16)
(18) The Current Year Aggregate Rolled-back Rate: (17) / (6) '.
(19) Current Year Aggregate Rolled-back Taxes: (4) x (18)
(20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal
Taxing Authority, all Dependent Districts, & MSTU's if any, Line (1 I) x Line (4)
(2t) Current Year Proposed Aggregate Millage R~te: (20) / (4)
[22) Current Year Proposed Rate as a PERCENT CHANGE OF Rolled-back Rate:
[(Line 21 / Erie 18) - 1.00] x 100
Date, Time and Place of the first Public Budget Hearing:
Per $1,000
Per $1,000
per $1,000
Per $1,000
%
r do hereby certify the mlllages and rates shown herein to be correct to the best of my knowledge and belief. FURTHER,
certify that all mlllages comply with the provisions of Section 200.071 or 200.081, F.S. WITNESS my hand and official
~lgnatum at , Florida, this the dayof
~lgnatum and title of Chief Administrative Officer
Address of Physical Location
dalllng Address
Name of Contac~ Person
Zip Phone Number
SEE INSTRUCTIONS ON REVERSE SIDE
.~ty State Fax Number
Constantine Dino Manlofls, CFE
Tax Roll Coordinator ~.
301 North Olive Avenue, 5~ Floor
&¥estJPalmBea~h, Fleride3340~ --
(56'I)355-2681 Fax: (56'1}355-3963
EmalJ: dm anloti~co.palm -beach.fi.us
5612766556
p.1
Gary R. Nikolits, CFA
Palm Beach County .
Property Appraiser
July 1, 2004
Ms. Diane Dominguez, Executive Director
Delray Beach CRA
104 West Atlantic Avenue
Delray Beach, FL 33444
Re: 2004 Preliminary Tax Roll
Dear Ms, Dominguez:
Below are your certified 2004 Preliminary Tax Roll values for Delray Beach CRA.
Total Taxable Value:
$ 888,677,409
Net New Construction:
$ 52,720,297
Tax Roll COordinator
DELRAY BEACH
www.delrayera-org
93
F:~Tax RolI~TA\C RA ~Prelim in ary.frm
UelllO
To: City Commission
From: David Harden ~
- I
CC:
Date:
Re:
July 2, 2004
Pension Multiplier Increase for Retired Police Officers and Firefighters in the DROP
I believe the Commission is aware that we have received a request from retirees in the
DROP (Deferred Retirement Option Plan) for them to be allowed to purchase the increase in
pension multiplier from 3% to 3 ½% which was approved for police officers and firefighters
eadier this year. While the exact cost for each individual retiree would be different, we have
asked our actuaries to calculate the cost for some typical examples. These examples are
attached in a memo from Joe Safford and a letter from Steve Palmquist.
We have reviewed this request with our pension attorney, Jim Lynn, and he advises that
there are potential legal issues with offering this opportunity for a multiplier increase to some
retirees (those in the DROP) and not to others. City staff shares his concems.
While the DROP participants are offering to pay the full actuarial cost of this benefit increase,
the net effect of approving this change would be to shift the market risk from the individual
retiree to the City. On the other hand, because of the costs involved, there are probably very
few retirees who would take advantage of this opportunity if it were offered to them.
Recommendation: I recommend that the Commission not grant this request because to do
so will amplify any negative market experience like we have had for the last three years.
However, if the commission chooses to grant this request, I recommend that the opportunity
to increase the pension multiplier be made available to all retirees, with the retiree to pay the
full actuarial cost of the increase plus the cost of the necessary actuarial study, as outlined in
the proposal from the DROP participants.
MEMORANDUM
David T. Harden, City Manager
..... 200t
CITy* UANAGE
From:
Joseph M. Safford, Finance Director
Date: June 3, 2004
Subject: Cost of 3.5% Multiplier to Retired Police and Fire Employees
This office has been asked to evaluate the cost of implementing the 3.5% multiplier to
retirees in the Police and Firefighters Pension Plan. This evaluation would be conducted
making the following assumptions:
· The 3.5% multiplier would be available to all normal retirees (including DROP
Plan retirees) regardless of retirement date. Disability retirees would be excluded
since their retirement benefits are fixed regardless of length of service.
· The total actuarial cost to the plan (of the individual retiree change to a 3.5%
multiplier) would be paid for by the individual refi~e
· The professional actuarial fees associated with determining the individual retiree
cost and benefit changes would be paid for by the individual retiree
· The 3.5% multiplier benefit would take effect on the first of the month following
the payment of all costs and professional fees
· The 3.5% multiplier benefit would not be applied retroactively to a retiree
In conversations with the Police and Firefighters Plan actuary, Stephen Palmqulst, it was
determined that there is a general formula for calculating the retiree cost. This general
formula is as follows:
(Length ofserviee) x (½%) x (Average MonthlyCompensation) x (120)
As an example, a retiree with 20 years of service and an Average Monthly Compensation
of $4,000 would be computed as:
20 years x .5 x $4,000 x 120 = $48,000 cost to retiree
Cost vs. Benefit
A current retiree with 20 years of serviee, a 3.0 multiplier, and an average monthly
compensation of $4,000 would receive a 60% joint and survivor annuity pension
amounting to $2,400 (20 x 3.0 x $4,000) per month.
A retiree with 20 years of serviee, a 3.5 multiplier, and an average monthly
compensation of $4,000 would receive a 60% joint and survivor annuity pension
amounting to $2,800 (20 x 3.5 x $4,000).
Therefore, a retiree would receive a $400 per month difference in benefits for $48,000 in
up-front costs. It would take 120 months (10 years) of benefits to pay for the ini6al up-
front cost.
Some alternative scenarios are presented in the following chart.
Average Monthly
Length of Service Compensation Retiree Cost/Benefit
20 $2,000 $24,000/$200 per mo. benefit
20 $3,000 $36,000/$300 per mo. benefit
20 $4,000 $48,000/$400 per mo. benefit
20 $5,000 $60,000/$500 per mo. benefit
20 $6,000 $72,000/$600 per mo. benefit
25 $2,000 $30,000/$250 per mo. benefit
25 $3,000 $45,000/$375 per mo. benefit
25 $4,000 $60,000/$500 per mo. benefit
25 $5,000 $75,000/$625 per mo. benefit
25 $6,000 $90,000/$750 per mo. benefit
Individual actuarial calculations must still be made to arrive at exact costs since each
retiree has different years of service, average monthly compensation, option selections,
and beneficiary ages.
A draft of this memorandum has been fa,xed to our actuary to confirm the sample
calculations as stated. Our actuary has confirmed these calculations.
Please contact this office if we can be of further assistance.
Cc: Pension Files
GABRIEl.., ROEDER, SMITH & COMPANY
Consultants & Act,~,~.ries
301 East Las Olas Blvd. · Suite 200 * Ft. Lauderdale, FL 33301-2254 · 954-527-1616 · FAX 954-525-00~q:~
June 30,2004
Mr. Joseph M. Safford
Director of Finance
City of Delray Beach
100 Northwest 1st Avenue
Deiray Beach, Florida 33~'!.~.
Re: Police and Firefighters Retirement System
Dear Joe:
Pursuant to your request, we have calculated the additional present value of benefits that would
arise if certain retirees have their pensions recalculated using a 3.5% multiplier.
The enclosure shows the results for six retirees whom we have chosen in a manner that
illustrates the various different cases that would apply. Some are receiving pensions based on
a 2.5% multiplier and others based on 3%. The first three on the list retired before the 1%
automatic COLA went into effect.
We welcome your questions and comments.
Sincerely yours,
J. Stephen Palmquist
JSP/or
Enclosures
DELRAY BEACH POLICE AND FIREFIGHTERS RETIREMENT SYSTEM
:pension pens on:if:; Increase in
Pc.si0n Mon.fllly, : PV of
Retiree started, pension ! MUltiplier , Mul~lier ; Benefits
Roseke, W. 8/1/87 $1,386 2.5% $1,941 $ 71,784
Twitty, J. 8/1/92 2,533 2.5 3,546 134,384
Kilgore, C. 11/1/90 4,190 2,5 5,866 163,095
Wigderson, M 2/1/97 3,904 2,5 5,466 235,150
Williams, G. 3/1/00 3,278 3.0 3,824 85,021
Licata, R. 5/1/02 5,092 3,0 5,941 120,865
June 30,2004
To:
Jeff Perlman, Mayor
David Harden, City Manager
Larry Schroeder, Police Chief
Kerry Koen, Fire Chief
Susan Ruby, City Attorney
From: Douglas R. Vaughn, Pension Trustee
Date: May 28, 2004
Re: DROP employees pension benefit purchase report
I have put together a brief report outlining the research concluded while investigating the
issue of the benefit enhancement purchase by the DROP employees. I understand that
there are continuing discussions on this mattei and hope this information proves helpful.
Feel free to contact me anytime for questions and/or clarifications.
City of Delray Beach DROP Employees
Position Report for Benefit Purchase
May 10, 2004
Contents:
Issue at a glance
Affected employees
Cost analysis
Historical perspective
Comparative perspective
Legal consideration
Conclusion
Issue at a glance
In February of 2004, the City of Delray Beach, initiated a change
to the Police and Fire Pension Plan that allowed employees of the
Police Department and the Fire Department to choose an increase
in benefit if the employee also chose an increase in their
contribution. The new benefit allows the employee to accumulate
3 1/2% per year of service instead of the 3% in effect before the
change. This change increases the maximum retirement benefit
to 87% of the best three years salary as opposed to the old
maximum of 75%.
The members of both Police and Fire Departments who were
already in the Deferred Retirement Option Pension (DROP) plan
in February were not included due to their electing to DROP prior
to the effective date of the change in benefit. This election
effectively ended their participation in the pension plan yet
allows employment to continue for an additional five years.
The employees in the DROP now request to participate in the
increase in benefit by buying the benefit themselves and paying
the services of the pension plan actuary to determine the cost of
such a purchase. This actuarial valuation and possible purchase
of the benefit is requested on an individual basis and not as a
group. The initial request to Commissioners of the City of Delray
Beach was delivered on January 29, 2004 through the use of a
petition signed by all 13 DROP participants (enclosed).
Affected Employees
There are 13 members of the Police and Fire Departments who
were in the DROP plan when the increase in benefits took effect.
Nine employees of the Police Department and four employees of
the Fire Department; they are:
Po]ice Department -
· Sergeant Robert Brand 26 years
· Captain Mark Davis 26 years
· Captain Lenis Gillard 28 years
· Patrolman David Ringerson 21 years
· Lieutenant Geoffrey Williams 27 years
· Detective Veronica Covington 29 years
· Agent John Donovan 22 years
· Detective Julius Mitchell 20 years
· Detective Robert Stevens 25 years
- 6 months service
- 6 months service
- 9 months service
-10 months service
- 3 months service
- 7 months service
- 7 months service
-10 months service
- 7 months service
Fire Department -
· Paramedic James Fletcher
· Lieutenant Douglas Vaughn
· Chief Robert Moreland
· Engineer James DeCarie
28 years - 3 months service
27 years - 2 months service
27 years - 0 months service
22 years -11 months service
Cost Analysis
The DROP employees included in their initial communication to
City Commissioners the stipulation that there be no cost to the
city. The employees have each offered to pay for the actuarial
study and pay for the benefit, if elected.
Using standard actuarial valuation practices, the current pension
plan actuarial firm of Gabriel, Roeder, Smith and Company (GRS)
would determine the cost of such a benefit on an individual basis
at the employees' expense. The employee would not be obligated
to purchase the benefit but would be required to pay the
valuation study in advance regardless of the choice made. If the
employee chooses to purchase the benefit, the employee would
be required to pay the full amount described in the valuation
study; assuring both the Fund and the City remain cost neutral.
Historical Perspective
Allowing employees to purchase a pension benefit is nothing
new to our City and many others. There are presently options
available to current employees to "buy-back" time of either
military service or service as a police officer or firefighter
elsewhere. "Buy-backs" currently are limited to 3 years of
previous service.
Additionally, a recent "buy-back" was made by the City at the '~
expense of the city to allow senior staff employees to re-enter \
the cities' pension plan. These employees elected to leave the \
cities' defined benefit plan and enter into a defined contribution\
plan. Shortly thereafter, these employees requested to return ~
back into the defined benefit plan which the city allowed and
paid for. The DROP employees are requesting far less, funding
the benefit on their own.
Comparative Perspective
A brief comparative survey was conducted through phone and email
correspondence which indicates differences in how other
municipalities dealt with the issue. Included are the responses of the
pension plan administrators, if any.
Survey Question:
Has your plan experienced an increase in member benefits while having
employees in the DROP? If so, how was the benefit handled for the DROP
employees?
Survey Cities and Contacts: Response
(Contacts provided by FFPTA website of plan administrators and contact
persons may not be the person spoken to for the survey)
Hollywood P&F, Rich Brito
"they don't necessarily
automatically receive what is being
negotiated for active members, but
it is being tried now to include a
group that retired in 1996 to
present. Normally retirees get 50%
of any benefit increase, as that is
written in our pension act"
Pembroke Pines P&F, Joan Wall
DROP employees given increase, 3%
to 4% @ no cost to employee
3
Miami Beach P&F, Celia Locke
DROP employees entitled to increase
by contract negotiation in contract
period. 3 DROP employees outside
contract period granted benefit @
no cost
Naples Police, Dorothy King
Phone number not in service
Ocala Fire, Randy Griffin
Left phone message, no response as
yet
Boca Raton P&F, Robert Daniels
Has not come up but believes DROP
employees would not receive benefit
Boynton Beach Fire, Barbara LaDue
Left phone message, responded via
phone the following day: increase
in retiree benefits are handled on
case by case basis. Increases have
been approved in the past.
Ft. Lauderdale P&F, Donna Spence emailed, returned undeliverable
Orlando Fire, Kent Olson
issue has not come up
**** Note, the passage of SS 2003-
339 (HB 605) which altered the
Orlando Pension Plan for Police
Officers includes a "backdrop"
provision which makes the issue of
inclusion of benefits for DROP
employees moot (attached)
Stuart Police, Jan Townsend
no employee in DROP, issue has not
come up
West Palm Beach P&F, Sue Stormes emailed without response
Legal Considerations
Offering the benefit purchase option to all 123 retired employees
(of which 13 are active employees in the DROP) removes any potential
litigation from any retiree given the ubiquitous nature of the offer.
Every retired employee is given the chance to purchase the benefit. It
is probable that most if not all retirees will opt not to participate in
the purchase as it is contemplated that the benefit will be cost
prohibitive. Also, it is very possible that the cost to the DROP
employees is also prohibitive reducing further the number of
members who will participate.
The issue was forwarded to the Florida Retirement System Benefits
Administrator, Patricia Shoemaker, for review by the FRS Division of
Police and Firefighter Retirement Trust Fund. In her response, there
were no negative issues with the State in a cost neutral scenario. The
question was submitted as such:
Recently the City of Delray Beach increased the multiplier for Police end Fire employees to 3
%% after 20 years of service. We now have an issue where our DROP employees have
requested the ability to purchase the higher benefit and pay for the actuarial valuation for
determining the cost of such a benefit. Our thought is to offer the same purchase option for all
123 retired employees of the Po/ice and Fire Departments to avoid possible litigation from anyone
/eft out and to give the chance for all retirees to increase their monthly benefit. This assumes they
are willing to pay for the actuarial valuation, then pay for the benefit itself if they so desire.
Question for you and your staff;
Is there any po/icy, statute or other problem from the States'perspective as to why this can not be
offered?
And her response:
There is no rule, policy or statute that would prevent you from offering all retirees the opportunity
to enhance their retirement benefit. I assume that you are planning on offering the benefit
improvement at the employee's cost...so that the employee pays the entire cost of his increase in
benefits. I suspect that the cost will be prohibitive, but certainly you may offer such
an opportunity to your retirees.
Let me know if you have any further questions.
Patricia F. Shoemaker
Benefits Administrator
Municipal Police Officers'
Retirement Trust Funds
(850) 922-0667
5
Conclusion
This appears to be a "win-win" position for the city.
The inclusion of retired and DROP employees in a benefit
enhancement at the employees' expense poses a unique situation
wherein the city and pension fund maintain fiduciary integrity while
remaining altruistic and employee oriented. As a major concern for
our city, this should have a positive impact on the retention of
employees who will feel the same offer may be extended to them in a
future similar situation. This action on the part of the city
demonstrates a competitive edge when compared to other
municipalities. It may be a determining factor with a current employee
deciding to continue service with the city or not.
The fact that the employee is to "buy" the benefit, at a cost
determined by the fund actuary, assures the cities' unfunded liability
protection. Also, because the fund administers monies for a timeline
of 20, 30 years and beyond, the actuarial soundness of the plan and
the funding liability of the city are accounted for in the actuarial
valuation given its' long term approach.
Finally, the offer to retirees to purchase the benefit is not
complicated. There are only 123 retirees in this category. A mailing to
the retirees would pose a detailed explanation of the course of action
required to receive the benefit. It would then be the responsibility of
the retiree to contact GRS and Company and continue the process. The
city and fund are removed from the actual administration of the
benefit offer thereafter. Given that 110 retirees would be purchasing a
full 1% multiplier over the course of their career, it is highly unlikely
that they would be financially able to do so unfortunately. However,
the Pension Fund Trustees and the City of Delray Beach are far better
in the eyes of the retirees and the current employees for having
offered.
Respectfully Submitted,
Douglas R. Vaughn
City of Delray Beach Police and Firefighter Pension Trustee
6
To: Mayor JeffPerlman, Vice Mayor Jon Levinson, Deputy Vice Mayor Patricia
Archer, Commissioner Bob Costin, Commissioner Alberta Perry McCarthy
From: Current DROP participants of the Police and Fire Departments ! lb,
Date: IRECEIVED{
Re:
January 23, 2004 : i IA[! ~ t~ ~. I; ; ! i
,Au 2q2OOt~'q "'""~"'~'~ i,J[
Request for Inclusion in Pension Benefit Enhancemen~l'13(MANA611}~.' ' ': --~; ' :"". ,:;,. :.,: d~?;, ~
Please find enclosed the survey of the current police and fire employee DROP
participants. We are in hopes that our long service with the City of Dekay Beach will be
given consideration as we respectfully request the option of the recently approved
increase in multiplier.
Please take note that we are in agreement that we pay for both the actuarial study to
determine the cost and the cost of the benefit itself. We are available for any discussion
on the subject. You may contact us through either the Police or Fire labor presidents.
Cc:
David Harden, City Manager
Chuck Gerolman, Police
James Tabeek, Fire
We, the current Deferred Retirement Option Participants, wish to express to the
City Commissioners our interest in purchasing the new benefit of 3.5% per year
of service. We recognize that this benefit is not a current entitlement and would
be an employee purchased benefit enhancement option. Also, we would
individually bear the actuarial cost of such a benefit study just as current
employees who buy back previous years of service. We respectfully request the
opportunity to have this option available to us if at all possible.
Police Department:
Ro~>ert'Bran~t 7
Mark Davis
, t
~,~
David Ringerser Or
/~'onica Covington
J~iffs Mitchell
Fire Department:
[lTV OF DELRrlV BEfl[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
Afl. Janedca City
1993, D01
TO:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755
Wdter's Direct Line: 561/243-7091
MEMORANDUM
July 14, 2004
City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Proposed Ba ot Language
Here are drafts of the ballot language for your consideration.
There are three versions of the ballot language for each property:
Version #1 - The language contained in the ordinance that
you previously reviewed
Version #2 A revision to the language that you previously
reviewed
Version #3 New drafts prepared by our office
We will distribute any other version of the ballot language that we receive
subsequently, prior to the City Commission meeting.
Attachments
Tennis
Version #1
QUESTION
SALE AND TRANSFER OF LAND
DO YOU CONSENT TO RELEASE RESTRICTIONS
CONTAINED IN 1936 DEEDS ALLOWING BLOCK
52 LOCATED ON THE NORTHWEST CORNER OF
N.W. 1sT AVENUE AND ATLANTIC AVENUE AND
AS MORE PARTICULARLY DESCRIBED IN
ORDINANCE NO. 41-04 TO BE TRANSFERRED,
SOLD AND CONVEYED FOR REDEVELOPMENT
AND NON-MUNICIPAL PURPOSES?
YES []
NO []
Tennis
Version #2
QUESTION
SALE AND TRANSFER OF LAND
DO YOU CONSENT TO RELEASE RESTRICTIONS
CONTAINED IN 1936 DEEDS ALLOWING THE
PART OF LOTS 13-16 OF BLOCK 52 USED FOR
PARKING AND LOCATED ON THE NORTHWEST
CORNER OF N.W. 1sT AVENUE AND ATLANTIC
AVENUE, AS MORE PARTICULARLY DESCRIBED
IN ORDINANCE NO. 41-04 TO BE TRANSFERRED
AND SOLD?
YES []
NO []
Tennis
Version #3
QUESTION
In 1990 voters released deed restrictions, authorizing the sale of the Tennis
Center Property (Block 52), with proceeds to be used for a Tennis Facility. The
City seeks the authority to sell the public parking portion of Lot 52, using the
proceeds for public parking.
Should the City have the authority to sell the eastern one-half of the public
parking in front of the Tennis Center, using the proceeds for public
parking?
YES []
NO []
Library
Version #1
QUESTION
SALE AND TRANSFER OF LAND
DO YOU CONSENT TO RELEASE RESTRICTIONS
CONTAINED IN A 1936 DEED ALLOWING THE
NORTH 48 FEET OF LOT 15, BLOCK 101,
LOCATED BEHIND THE EXISTING LIBRARY AND
FRONTING ON SOUTHEAST FIFTH AVENUE AND
AS MORE PARTICULARLY DESCRIBED IN
ORDINANCE NO. 40-04 TO BE TRANSFERRED,
SOLD AND CONVEYED FOR REDEVELOPMENT
AND NON-MUNICIPAL PURPOSES?
YES []
NO []
Library
Version #2
QUESTION
SALE AND TRANSFER OF LAND
DO YOU CONSENT TO RELEASE RESTRICTIONS
CONTAINED IN A 1936 DEED WHICH WOULD
ALLOW THE NORTH 48 FEET OF LOT 15, BLOCK
101, LOCATED BEHIND THE EXISTING LIBRARY
AND FRONTING ON SOUTHEAST FIFTH AVENUE
AND AS MORE PARTICULARLY DESCRIBED IN
ORDINANCE NO. 40-04 TO BE TRANSFERRED
AND SOLD?
YES []
NO []
Library
Version #3
QUESTION
Authorization for the Sale of a Part of a Lot Located Behind Current Library
In 2001, the voters of the City authorized the release of deed restrictions that
existed on the current library property. Subsequently, it was discovered that a
similar deed restriction also existed on a part of Lot 15, behind the current library.
Do you consent to the release of the restriction on part of Lot 15,
authorizing the sale of the property with the proceeds to be used for public
parking?
YES []
NO []
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # 9H
BEXLEY PARK ISSUES
DATE: APRIL 16, 2004
- REGULAR MEETING OF JULY 20, 2004
The backup for this item will be distributed on Tuesday.
S:\City Clerk\agenda memo~\Bexley Park Issues.07.20.04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # Ot ~ REGULAR MEETING OF JULY 20. 2004
RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD
DATE: JULY 16, 2004
The term for Ronald Radabaugh, representative for the Chamber of Commerce will expire
on August 1, 2004. Mr. Radabaugh is eligible and would like to be considered for
reappointment. The Chamber of Commerce has selected Mr. Radabaugh as their
representative for a two year term ending August 1, 2006.
The term for Richard Sheremeta, representative for the Downtown Development Authority
will expire on August 1, 2004. Mr. Sheremeta is eligible and would like to be considered for
reappointment. At the meeting of May 19, 2004 the Downtown Development Authority
selected Mr. Sheremeta as their representative for a two year term ending August 1, 2006.
The Parking Management Advisory Board was established by Resolution No. 88-97 on
December 9, 1997. The purpose of the Board is to advise and provide recommendations to
the City Commission regarding parking management policy and related issues including but
not limited to, the planning, financing, development, construction and operation of parking
facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA)
as well as all public parking areas located along State Road A1A within the corporate limits
of the City.
Recommend City Commission approve and ratify the reappointments of Mr. Radabaugh,
representative for the Chamber of Commerce and Mr. Richard Sheremeta, representative for
the Downtown Development Authority for a two year term ending August 1, 2006.
GREATER
DELRAY BEACH
Chamber of Commerce
June 9,2004
Karen Schell
City of Delray Beach
Office of City Clerk
100 NW 1st Avenue
Delray Beach FL 33444
Dear Karen:
I have talked with Ron Radabaugh and know that Ron would like to remain on the Parking
Management Advisory Committee. Ron has assured me he will make every effort to be
regular in his attendance.
We believe Ron's experience as a member of this committee and his knowledge of the issues
related to parking in our downtown make him a valuable resource and I am pleased to submit
his name for re-appointment. David Cook is our recommended alternate.
Thanks to the City Commissioners for their consideration.
Sincerely,
William J. Wood
President
cc: Ron Radabaugh
Bob Christie
David Cook
, Greater Delray Beach Chamber of Commerce ~ 64 SE 5th Ave, ~ Delray Beach FL 33483 ~ (561) 278-0424 FAX 278-0555
webmaster~.delraybeach.com ~ www.delraybeach.com
Jul 12 O~ 09:57a DELRRY BCH CHRMBER 56127805S5 p. i
DOWNTOWN DEVELOPMENT AUTHORITY
City Of Delray Beach, Florida
July 12, 2004
Ms. Karen Schell, Board Liaison
City Clerk's Office
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Karen:
Per your request for written affirmation, this is to advise that the Downtown Development
Authority (DDA) at their meeting of May 19, 2004 voted to reappoint Dick Sheremeta to
the Parking Management Advisory Board. They also voted to appoint Perry Don
Francisco as a backup representative.
If you need any additional information, please do not hesitate to call me.
Sincerely,
Selma Kleinman
Secretary
Cc: Dick Sheremeta
Perry Don Francisco
w w w. delraybeachvillagebythesea,com ~99~ 2oo~
MEMORANDUM
TO:.
FROM:
THROUGH:
DATE:
SUBJECT:
David Harden, City Man. a{l?~
July 15, 2004
Documentation-City Commission Meeting
July 20, 2004 - Bid Award - Bid #2004-10
Co-op Bid Chemicals and Fertilizers
Item Before Commission:
City Commission is requested to approve multiple awards to Iow responsive bidder(s), as stated below,
at an estimated annual cost of $212,380.00 for the City of Delray Beach.
Back,qround:
The City of Delray Beach is the lead entity for this co-operative bid. Bids were received on Tuesday,
April 13, 2004 from seventeen (17) vendors, all in accordance with City pumhasing policies and
procedures. (Bid #2004-10) documentation on file in the Pumhasing office.) A tabulation of bids with the
awarded vendor highlighted and awarded recommendations per item number is attached for your review.
A meeting was held on June 9, 2004, with Tom Gynn, Lakeview Golf Course, Tim Simmons, Parks
Superintendent, Serovain Stephens, Assistant Parks Superintendent and Purchasing to review bids
received and make award recommendations. See attached memo dated June 29, 2004 to Palm Beach
County Cooperative Purchasing Council.
Awarded vendors are as listed below:
Vendor(s)
Alenza Howard Fertilizer & Chemical Co., Inc.
Argo Distribution d/b/a Pro Source One Lesco, Inc.
Atlantic FEC Fertilizer & Chemical Parkway Research/Division of Brandt Con
Carso, Inc.
Diamond R. Fertilizer Co., Inc.
Douglas Fertilizer & Chemical, Inc.
Harrell's, Inc.
Helena Chemical Company
Pennington Seed, Inc.
Southeastern Turf Grass Supply, Inc.
UAP Timberland LLC
Univar USA
Verdicon UHS
Recommendation:
Staff recommendations multiple awards to vendors as stated above at an estimated annual cost of
$212,380.00 for the City of Delray Beach. Funding from the City of Delray Parks and Recreation
Department operating budget of $102,380.00, and City of Delray Beach Municipal Golf Course, and
Lakeview Golf Course operating budget of $110,000.
Attachments:
Memo to Co-op Members
Award Recommendations
Cc: Joe Weldon, Director of Parks & Recreation
Tim Simmoms, Superintendent of Parks & Recreation
Brahm Dubin, Delray Beach Municipal Golf Course
Tom Arendt, Delray Beach Municipal Golf Course
Tom Gynn, Lakeview Golf Course
City of Boca Raton
City of Boynton Beach
City of West Palm Beach
Solid Waste Authority of Palm Beach County
City of Lake Worth
City of Greenacres
CITY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY 1,2004
FERTILIZERS
AWARD RECOMMENDATIONS
Fertilizer:
ITEM # DESCRIPTION VENDOR COST COMMENTS
1 3-0-7 LESCO, iNC. ;0.130 lb. Low Bidder
WITH ATRAZINE 50 lbs.
2 ~-0-20 ATLANTIC FEC FERTILIZER & $0.119 lb. Low Bidder
SULFATE OF POTASH-MAGNESIA CHEMICAL CO. ~0 lbs.
PROFESSIONAL TURF 2 ton minimum
FERTILIZER
KILABREW TRAILER DELIVERY: Low Bidder
BOYNTON BEACH ONLY DIAMOND R $224.45 ton
1 ton minimum
DELRAY BEACH ONLY $224.45 ton Low Bidder
1 ton minimum
3 0-0-45 HELENA $0.207 lb. Low Bidder
SUPER K GREENS TURF 50 lbs.
FERTILIZER Mini SOP
4 5-10-17 HOWARD I-~-I~1 ~LIZER & $0.5025 lb. Low Bidder
RONSTAR .95%+ FERTILIZER CHEMICAL CO., INC. 50 lbs.
WiTH PRE-EMERGENT 3 ton min.*
HERBICIDE Golf Course)
LESCO, INC. $0.585 lb. Low Bidder
50 lbs.
Parks)
LESCO, INC. $0.120 lb. Low Bidder
5 6-3-0 40 lbs.
GREENS GRADE TURF
FERTILIZER
6 10-10-10 UNIVAR USA $0.105 lb. Low Bidder
PROFESSIONAL TURF 40 lbs.
FERTILIZER
7 B-0-8 DIAMOND R. FERTILIZER CO., INC. $0.079 lb. Low Bidder
BULK LIQUID liquid
8 8-0-8 HELENA CHEMICAL COMPANY $0.283 lb. Low Bidder
GREENS MIX 50 lbs.
Greens Mix #1878
9 I-2-10 ~,GRO dba PRO SOURCE ONE $0.1182 lb. Low Bidder
~,NDSCAPE AND ORNAMENTAL 40 lbs.
FERTILIZER
REF:s:\Finance\Purchasing\Bid Tabulations/Fertilizers.xls\7/16/2004 Page 1 of 5
CiTY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY 1,2004
FERTILIZERS
AWARD RECOMMENDATIONS
Fertilizer:
ITEM # DESCRIPTION VENDOR COST COMMENTS
10 8-4-12 ATLANTIC FEC I-~-~ i ~LIZER & ;0.1564 lb. Low Bidder
PALM SPECIAL MIX CHEMICAL CO. 50 lbs.
2 ton min.
See note below)
11 10-4-12 DIAMOND R. FERTILIZER CO., INC. $0.150 lb. Low Bidder
PALM & TROPICAL 50 lbs.
~)RNAMENTAL FERTILIZER
12 12-0-0 LESCO, INC. $4.90 gal. Low Bidder
CHELATED IRON WITH 2 x 2.5 gals.
MICRONUTRIENT FOR TURF AND Lesco Chelated Iron
ORNAMENTALS Plus
$0.095 lb.
~quid Ag Systems/Douglas Fertilizer
13 12-0-6 and Chemical 5 ton min. delivery Low Bidder
BULK LIQUID
14 12-2-14 AGRO dba PRO SOURCE ONE $0.169125 lb. Low Bidder
SOUTHERN ORNAMENTAL
:ERTILIZER
15 13-2-13 HOWARD I-~-I~11LIZER & $0,311 lb. .ow Bidder
TALSTAR 0.069% PLUS CHEMICAL CO., INC. 50 lbs.
FERTILIZER , ton min.*
16 13-2-13 LESCO, INC. ;0.319 lb. Low Bidder
PROFESSIONAL TURF 50 lbs.
FERTILIZER (GREENS GRADE) Lesco 13-2-13 Elite
17 13-3-13 UNIVAR USA ~0.175 lb. Low Bidder
GREENS MiX
18 13-3-13 LESCO, INC. ;0.165 lb. Low Bidder
TREE & PALM 50 lbs.
FERTILIZER Lesco 13-3-13 Palm
& Tropical Ornamental
19 13-4-13 HOWARD FERTILIZER & $0.4125 lb. Low Bidder
GREENS FERTILIZER CHEMICAL CO., INC. 50 lbs.
1 ton min.
20 14-2-14 LESCO, INC. $0.300 lb. Low Bidder
MICRO GREENS & TEE 50 lbs.
MIXTURE Lesco 14-2-14 Elite
40% PPSCU
REF:s:\Finance\Purchasing\Bid Tabulations/Fertilizers.xls\7/16/2004 Page 2 of 5
CITY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY 1,2004
FERTILIZERS
AWARD RECOMMENDATIONS
Fertilizer:
ITEM # DESCRIPTION VENDOR COST COMMENTS
21 14-14-14 LESCO, INC. ;0.320 lb. Low Bidder
PLUS MINORS - FOR SHRUBS 40 lbs.
Lesco 14-14-14
100% PPSCU
22 14-14-14 HELENA CHEMICAL COMPANY $0.679 lb. Low Bidder
OSMOCOTE 50 lbs.
Calibercote 14-1-414
3-4 mos.
23 15-1-15 LESCO, iNC. $0.138 lb. Low Bidder
PROFESSIONAL TURF 50 lbs.
FERTILIZER 40% PPSCU
24 15-5-10 HOWARD FERTILIZER & $0.536 lb. Low Bidder
WITH 1% RONSTAR CHEMICAL CO., INC. 50 lbs.
3 ton min.*
(Golf Course)
AGRO dba PRO SOURCE ONE $0.63 lb. Low Bidder
(Parks)
25 15-5-15 DIAMOND R. FERTILIZER CO., INC. $0.128 lb. Low Bidder
FAIRWAY GRADE 50 lbs.
FERTILIZER
ATLANTIC FEC FERTILIZER &
26 15-5-15 CHEMICAL CO. ~;0.1765 lb. Low Bidder
PROFESSIONAL TURF
FERTILIZER
~,TLANIC FEC FERTILIZER &
27 16-2-8 CHEMICAL CO. ; 0.1391b. Low Bidder
PROFESSIONAL TURF 50 lbs.
FERTILIZER 2 ton rain,
(Rotary Spreaders only)
ALANTIC FEC FERTILIZER &
28 16-2-8 CHEMICAL CO. ; 0.1271b. Low Bidder
PROFESSIONAL TURF 50 lbs.
FERTILIZER 2 ton min.
29 16-2-16 AGRO dba PRO SOURCE ONE $0.165 lb. Low Bidder
PROFESSIONAL TURF
FERTILIZER
30 16-4-16 LESCO, INC. $0.300 lb. Low Bidder
GREENS MIX 50 lbs.
Lesco 15-0-15 Elite
31 16-25-12 HOWARD FERTILIZER & $0.1675 lb. Low Bidder
TURF STARTER FERTILIZER CHEMICAL CO., INC. 50 lbs.
3 ton min.*
REF:s:\Finance\Purchasing~Bid Tabula§onslFertilizers.xls\7116/2004 Page 3 of 5
CITY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY 1,2004
FERTILIZERS
AWARD RECOMMENDATIONS
Fertilizer:
ITEM # DESCRIPTION VENDOR COST COMMENTS
32 17-1-10 LESCO, INC. $0.300 lb. Low Bidder
GREENS GRADE FERTILIZER 50 lbs.
Lesco 21-4-11 Elite
33 18-2-9 LESCO, INC. $0.300 lb. Low Bidder
MICRO GREENS & TEE 50 lbs.
MIXTURE Lesco 21-4-11 Elite
34 18-46-0 HELENA CHEMICAL COMPANY $0.145 lb. Low Bidder
DIAMMONIUM PHOSPHATE 50 lbs.
35 19-0-19 LESCO, INC. $0.306 lb. Low Bidder
PRE-EMERGENT WEED 50 lbs.
CONTROL 1.31% Pre-M
36 19-0-19 DIAMOND R. FERTILIZER CO., INC. $0.180 lb. Low Bidder
WITHOUT PRE-EMERGENTS 50 lbs.
37 20-2-10 LESCO, INC. $0.155 lb. bow Bidder
PROFESSIONAL TURF 50 lbs.
FERTILIZER 40% PPSCU
(Rotar,,/spreaders only)
38 20-20-20 AGRO dba PRO SOURCE ONE 10.470 lb. Low Bidder
WATER SOLUBLE POWDER 25 lbs.
39 21-0-0 HELENA CHEMICAL COMPANY 10.104 lb. Low Bidder
BULK LIQUID
40 21-0-0 VERDICON/UHS ~0.110 lb. Low Bidder
SULFATE OF AMMONIA i0 lbs.
SRANULAR
41 ;~1-4-11 LESCO, INC. ~0.300 lb. Low Bidder
GREENS MIX 50 lbs.
95% PPSCU
42 22-0-22 LESCO, INC. $0.190 lb. Low Bidder
50 lbs.
Lesco 19-0-19
75% PPSCU
43 !2-2-11 LESCO, INC. $0.230 lb. Low Bidder
ATRAZINE 1.05% PLUS 50 lbs.
:ERTILIZER TURF FOOD
REF:s:\Finance\Purchasing\Bid TabulafionslFertilizers.xls\7/16/2004 Page 4 of 5
CITY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY 1,2004
FERTILIZERS
AWARD RECOMMENDATIONS
Fertilizer:
ITEM # DESCRIPTION VENDOR COST COMMENTS
44 24-2-11 LESCO, INC. ;0.168 tb Low Bidder
]'URF FERTILIZER 50 lbs.
For Rotary spreaders only) ~0% PPSCU
45 24-2-11 UNIVAR USA 10.340 lb. Low Bidder
TALSTAR 0.069% PLUS i0 lbs.
FERTILIZER 20-2-6 with .069%
Talstar
46 25-3-10 LESCO, INC. $0.157 lb. Low Bidder
TURF FERTILIZER PLUS IRON 50 lbs.
Lesco 28-5-12
35% PPSCU
(No bid for this
47 29-3-5 item)
FERTILIZER WITH DURSBAN
(No bid for this item) No bid for this item) (No bid for this item)
48 HIGH MANGANESE COMBO LESCO, INC. $6.20 gal. Low Bidder
CHELATED MICRONUTRIENTS 40 gallons
49 LIQUID MICRONUTRIENT SOIL LESCO, INC. $4.90 gal. Low Bidder
SUPPLEMENT 2 x 2.5 gal. case
or 55 gal. drum
Lesco Chelated
Iren Plus
50 MICRO-PRILL NUTRALINE HELENA CHEMICAL COMPANY $0.497 lb. Low Bidder
50 lbs.
Nutralene 40-0-0
Fairway Grede
51 rvI~LORGANITE ATLANTIC FEC FERTiLiZER & $0.077 lb. Low Bidder
CHEMICAL CO. 50 lbs.
2 ton min,
See note belowI
52 STEP HI MAG HOWARD FERTILIZER & 10,500 lb. Low Bidder
TRACE ELEMENT PACKAGE, CHEMICAL CO. 50 lbs.
GREENS GRADE) 1 ton min.
REF:s:~Finance\Purchasing\Bid TabulationslFertilizers.xls\7116/2004 Page 5 of 5
CITY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY 1, 2004
CHEMICALS
AWARD RECOMMENDATIONS
Chemicals:
ITEM # DESCRIPTION VENDORS COST COMMENTS
1 ACEPHATE HARRELL'S $1.32 LB. Low Bidder
$41.67LB.
Precise
2 ALLIETTE VERDICON/UHS $12.50 lb. Low Bidder
4 x 5.5 lbs.
3 AMDRO ,ANT KILLER DIAMOND R. FERTILIZER CO. $4.30 lb. Low Bidder
2 x 25 lb. bags
Pro-Bait Generic
4 &QUA NET RED RIVER SPECIALTIES, INC. $540.00 gal. Low Bidder
30 gal.
Aqua Neat by Tiverdale
51% Gl~/phosate
5 AQUA SHADE PARKVVAY RESEARCH & $20.00 gal. Low Bidder
CHEMICAL CO., INC. 2 x 2.5 gals.
Blue Lagoon
6 AQUATHOL SUPER K HELENA CHEMICAL COMPANY ;12.32 lb. Low Bidder
25 lbs.
7 ARSENAL RED RIVER SPECIALTIES, INC. $242.00 gal. Low Bidder
2 x 2.5 gals.
8 ASULOX AGRO dba PRO SOURCE ONE $55.00 gal. Low Bidder
1 case
9 ATRAZlNE 4L HERBICIDE HELENA CHEMICAL COMPANY $9.44 gal. Low Bidder
2.5 gals.
10 ~,WARD HELENA CHEMICAL COMPANY $6.25 lb. Low Bidder
25 lbs.
Low Bidder Carso-
Bid award to Red
River Specialities,
Inc. for Endurance
11 BARRICADE 65 WG RED RIVER SPECIALTIES, INC. $32.50 lb. for Landscape.
5 x 10 lbs.
Endurance for Landscape
12 BASAGRAN AGRO dba PRO SOURCE ONE $72.15 gal. Low Bidder
13 BIVERT LESCO, INC. $12.10 gal. Low Bidder
2 x 2.5 gals.
Lesco Spreader Sticker
14 BLAZON SP OR EQUIVALENT PARtONAY RESEARCH DIV, OF $16.00 gal. Low Bidder
BRANDT 2 x 2.5 gals.
Big Foot
REF:s:\finance\purchasing\Bid Tabulations\ChemicaLxls\7/16/2004 Page 1 of 8
CITY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY 1, 2004
CHEMICALS
AWARD RECOMMENDATIONS
Chemicals:
ITEM # DESCRIPTION VENDORS COST COMMENTS
15 BUFFER CONTROL UNIVAR USA $7.45 gal. Low Bidder
2.5 gals.
16 CAPTAN AGRO dba PRO SOURCE ONE $15.50 gal. Low Bidder
1case
Low Bidder Harrell'~,
Bid award to Lesco
17 CHIPCO GT 26 LESCO, INC. $98.00 gal. i=or size
2 x 2.5 gals.
Lesco 18 Plus
Low Bidders
Harre~l's, Howard
Fertilizer, Lesco,
Southeastern Turf
and Univar USA-Bi¢
award to Lesco-for
travel distance to
18 CHIPCO TOP CHOICE LESCO, INC. 12.75 lb.* Delray.
INSECTICIDE ~0 lbs.
19 CLASS ACT NO BID No bid rec'd from
No Bid any vendor
20 COHERE LESCO, INC. $12.10 gal. Low Bidder
2 x 2.5 gals.
Lesco Spreader Sticker
21 CORSAIR HERBICIDE LESCO, INC. $63.50 btl. Low Bidder
4x2oz.
22 CURFEW SOIL FUMIGANT HELENA CHEMICAL COMPANY $380.00 acre Low Bidder
$76.00 per acre
Applied by Applicator
Tie bid Harret and
Helena-Helena
awarded- for travel
23 DACONIL WEATHER STICK HELENA CHEMICAL COMPANY $67.30 gal. distance to Delray.
2.5 gals.
Tie Bidder Harrell's
Helena, and Univar-
Bid award to Helena
for travel distance
24 DACONIL ZN W/ZINC HELENA CHEMICAL COMPANY 2.5546'76gals.gal' to Delray.
REF:s:\finance\purchasing\Bid Tabulations\Chemical.xls\7/16/2004 Page 2 of 8
CITY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY 1, 2004
CHEMICALS
AWARD RECOMMENDATIONS
Chemicals:
ITEM # DESCRIPTION VENDORS COST COMMENTS
25 DEFOAMER NON TOXIC =ARKWAY RESEARCH DIV. $1.12 pt. Low Bidder
12 quads
De foamer
26 DITHANE 45 WETABLE AGRO dba PRO SOURCE ONE $2.80 lb. Low Bidder
POWDER 4 x 12 lbs.
27 DRIVE 75 DF HELENA CHEMICAL COMPANY $62.00 Ih. Low Bidder
6xl lb.
28 DURSBAN 2.5% HELENA CHEMICAL COMPANY $0.67 lb. Low Bidder
IGRANULAR INSECTICIDE) 50 lbs.
29 DURSBAN CRICKET BAIT 1% LESCO, INC. $0.44 lb. Low Bidder
40 lbs.
Lesco Dursban 1% Bait
Granular
Low Bidder Red
River Specialities-5
case minimum for
frieght-Bid award to
Agro d/b/a Pm
Source One-no
minimum shipment
30 DURSBAN PRO 2-1/2 GAL. ~,GRO dba PRO SOURCE ONE $30.00 gal. needed.
2.5 gals.
Chlorp~/rifor 2E
Low Bidder Lesco
and Agro d/b/a Pm
Source One-Bid
award to Agra d/b/a
Pro Source One- fop
travel distance to
31 DYLOX AGRO dba PRO SOURCE ONE $0.80 lb. Delray.
30 lb. bag
32 :INALE HERBICIDE AGRO dba PRO SOURCE ONE $52.25 gal. Low Bidder
2 x 2.5 gals.
33 FIRE ANT AMDRO BAIT DIAMOND R. FERTILIZER $4.30 lb. Low Bidder
(GRANULAR) 2 x 25 lbs.
Pro-Bait
34 FUSlLADE LIQUID RED RIVER SPECIALTIES $132.00 gal. Low Bidder
4 x 1 gal.
35 GARLON 424 UPA TIMBERLAND LLC $80.20 gal. Low Bidder
VEGETATION MANAGEMENT) 2.5 gals.
REF:s:\finance\purchasing\Bid Tabulations\Chemical.xls\7/16/2004 Page 3 of 8
CiTY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY '1, 2004
CHEMICALS
AWARD RECOMMENDATIONS
Chemicals:
ITEM # DESCRIPTION VENDORS COST COMMENTS
36 GREEN LAWNGER LESCO, INC. $26.40 gal. Low Bidder
2 x 2.5 gals.
Lesco Green
37 GRO SAFE ACTIVATED LESCO, iNC. $14.00 gal. Low Bidder
CHARCOAL 2 x 2.5 gals.
Char-Zorb FIo Act
Charcoal
Low Bidder
~/erdicon/UHS-Bid
award to Lesco for
case and Fairway
38 HERITAGE LESCO, INC. $372.00 lb.* Pak.
6xl lb. case
$335.00 lb.*
6 lb Fairway Pak
Low Bidder
Southeastern- 4
gallon minimum-Bid
award to Harrell's
Inc.-1 gallon
39 ILLOXAN 3EC6 HARRELL'S INC. $130.00 gal. minimum shipment.
gal.
For Size
40 IMAGE (CONTAINS AGRO dba PRO SOURCE ONE ;65.10 Low Bidder
AMMONIUM, SALT, IMAZAQUIN) 1.43 oz.
41 INDUCE UPA TIMBERLAND LLC $29.50 cs, Low Bidder
2 x 2.5 gals.
Timbersurf 90
42 KERB 50 W SP AGRO dba PRO SOURCE ONE 531.20 lb. Low Bidder
3 Ihs.
43 L1 700 SURFACTANT UNIVAR USA $8.88 gal. Low Bidder
PENETRANT AClDIFIER 2.5 gals,
Carrier
44 LEMWET LESCO, INC, $6.10 gal. Low Bidder
2 x 2.5 gals.
Lesco Accu-wet
45 MANAGE HERBICIDE ALENZA $67.91 btl. Low Bidder
(1.3 OZ. PER/BOT]'LE) 10 bottles
46 MANCOZEB FUNGICIDE LESCO, INC. $12.50 gal. Low Bidder
2 x 2.5 gals.
Lesco Mancozeb 4 FIo
47 vlANOR AGRO dba PRO SOURCE ONE $55.00 oz. Low Bidder
4 x 2 oz. case
REF:s:\finance\purchasing\Bid Tabulations\Chemical,xls\7/16/2004 Page 4 of 8
CITY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY 1, 2004
CHEMICALS
AWARD RECOMMENDATIONS
Chemicals:
ITEM # DESCRIPTION VENDORS COST COMMENTS
Low Bidder Univar-
Bid award to Helena
quart and galllon
available for
48 MAVRIK HELENA CHEMICAL COMPANY $299.68 gal. shipping.
$74.92 qt.
49 MERIT OR Equal LESCO, INC. $16.30 oz Low Bidder
4x4x 1.6oz.
Low Bidder Univar-
Bid award to Helena
quart and galllon
available for
50 MSMA 6.6 HELENA CHEMICAL CO. $16.85 gal. shipping.
2.5 gals.
Ansar-Size
51 MSMA + SURFACTANT ALENZA $12.43 gal. Low Bidder
2 x 2.5 gal./cs.
52 ~IEWMACUR (3) LIQUID HELENA CHEMICAL COMPANY $93.25 gal. Low Bidder
2.5 gals.
53 ~IEMACUR 10G ~ELENA CHEMICAL COMPANY ~3.35 lb. Low Bidder
i0 lbs.
2 bids received on
this item-Helena-
bidded quality
54 OPTIMA HELENA CHEMICAL COMPANY $38.19 gal. brand.
2.5 gals.
55 ORGANIClDE LESCO, INC $5.80 gal. Low Bidder
2 x 2.5 gals.
Lesco Horticultural Oil
56 ORTHENE SOUTHEASTER TURF GRASS $7.16 lb. Low Bidder
SUPPLY, INC. 40 lbs.
Acephate
57 PENDULUM 3.3 EC CARSO, INC $29.00 gal. Low Bidder
Pendiflex
58 ~ENDULUM WDG -IELENA CHEMICAL COMPANY $7.30 lb. Low Bidder
2 x 10 lbs.
59 PRE-M LESCO, INC ;7.50 lb. Low Bidder
2 x 10 lbs.
Lesco Pre-M 60 DG
60 PRIMER 604 HELENA CHEMICAL COMPANY $47.50 gal. Low Bidder
REF:s:\finance\purchasing~Bid Tabulations~Chemical.xls\7/16/2004 Page 5 of 8
CiTY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY 1, 2004
CHEMICALS
AWARD RECOMMENDATIONS
Chemicals:
ITEM # DESCRIPTION VENDORS COST COMMENTS
5 gals.
Primer Select
61 PRIMO HELENA CHEMICAL COMPANY $350.00 gal. Low Bidder
2xl gal.
Max EC Turf
62 PRO STAR 70 WP AGRO dba PRO SOURCE ONE $36.55 lb. Low Bidder
1case minimum
10 lbs. per case
63 QUICKPRO BY ROUNDUP RED RIVER SPECIALITIES, INC. $68.00 jug Low Bidder
1 jug
'ie bids between
UAP Timberland
ind Helena-Bid
award to Helena-
for travel distance
64 REWARD HELENA CHEMICAL COMPANY $91.50 gal. to Delray.
2.5 gals.
Tie bids between
Helena, Lesco and
Agro d/b/a Pro
Source One-Bid
award to Lesco- for
travel distance to
65 REVOLVER HERBICIDE LESCO, INC. $162.50 qts.* Delray.
4 x 1 quart
66 RODEO 140 RED RIVER SPECIALITIES, INC. $20.25 gal. ' Low Bidder
2 x 2.5 gals.
Aqua Neat 53.8%
Glyphosate
Tie bid between
Agro and Helena-
Bid award to Agro-
for travel distance
67 RONSTAR 2 G to Delray.
AGRO dba PRO SOURCE ONE $1.28 lb.
50 lbs.
SOUTHEASTERN TURF GRASS
68 ROUNDUP PRO SUPPLY $540.00 gal. Low Bidder
30 gal.
Glystar Pro
REF:s:\finance\purchasing\B[d Tabulations\Chernical.xls\7/16/2004 Page 6 of 8
CITY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY 1, 2004
CHEMICALS
AWARD RECOMMENDATIONS
Chemicals:
ITEM # DESCRIPTION VENDORS COST COMMENTS
Low Bidder
Pennington Seed,
Inc.-Bid award to
Helena-gallons
available for
69 ROUND-UP PRO HELENA CHEMICAL COMPANY $159.65 case shipping.
2 x 2.5 gals.
70 ROUNDUP PRO HOWARD FERTILIZER & $800.00 gal. Low Bidder
CONCENTRATE CHEMICAL CO.,INC. 1 drum
Glyfos Pro
71 ROUND-UP PRO HELENA CHEMICAL COMPANY $159.65 cs. Low Bidder
CONCENTRATE 1 case
72 SENCOR 75 T.H. HELENA CHEMICAL $33.50 lb. Low Bidder
4 x 5 lbs.
73 SEVIN 80 WSP AGRO dba PRO SOURCE ONE $5.45 lb. Low Bidder
10 lbs.
74 SEVIN LIQUID PENNINGTON SEED, INC. $71.15 case Low Bidder
2 x 2.5 gals.
75 SNAIL & SLUG BAIT PELLETS AGRO dba PRO SOURCE ONE ;0.86 lb. Low Bidder
50 lb. bags
76 SONAR PR UAP TIMBERLAND, LLC. ;14.20 lb. Low Bidder
40 lbs.
Avast SRP
Tie Bid Helena and
Agro-Bid to Helena-
for travel distance
77 SUBDUE MAX HELENA CHEMICAL COMPANY $511.00 gal. to Delray.
2xl gal.
78 SUBDUE GRANDULAR AGRO dba PRO SOURCE ONE ~2.88 lb. Low Bidder
3 x 25 lbs.
79 SURFLAN AS T/0 RED RIVER SPECIALITIES, INC $66.50 gal. Low Bidder
2 x 2.5 gals.
Oryza T&O
80 TALSTAR LIQUID RED RIVER SPECIALITIES, INC ~93.75 -.075 gal. Low Bidder
81 TALSTAR .2G HELENA CHEMICAL ~0.64 lb. Low Bidder
50 lbs.
REF:s:\finance\purchasing~Bid Tabulafions\Chemical.xls\7/16/2004 Page 7 of 8
CITY OF DELRAY BEACH
BID #2004-10
CHEMICALS AND FERTILIZERS CO-OP BID
JULY 1, 2004
CHEMICALS
AWARD RECOMMENDATIONS
Chemicals:
ITEM # DESCRIPTION VENDORS COST COMMENTS
82 TALSTAR 0.069% BIFENTHRIN HOWARD FERTILIZER & $0.28 lb. Low Bidder
CHEMICAL CO., INC. 10 x 50 lbs.
83 TANK NEWTRALIZER HOWARD FERTILIZER & $12.95 gal. Low Bidder
CHEMICAL CO., INC. 10 x 1 gal.
Tie bid Lesco and
Harrel's Inc.-Bid
award to Lesco- for
travel distance to
84 TOP CHOICE LESCO, INC. $2.75 lb.* Delray.
50 lbs.
85 TRACKER DYE PARKWAY RESEARCH DIV. OF $16.50 gal. Low Bidder
BLUE DYE SPRAY BRANDT 2 x 2.5 gals.
Big Foot
86 TRIMEC PLUS HELENA CHEMICAL COMPANY $29.20 gal. Low Bidder
2.5 gals.
87 WETTING AGENT AGRO dba PRO SOURCE ONE $5.75 gal. Low Bidder
2 x 2.5 gals.
REF:s:\finance\pu rchasing\Bid Tabulations\Chemical.xls\7/16/2004 Page 8 of 8
0 z ~ ~0 w ~ ~z
z ~ ~
-- z~ '~ O~
uJ
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: July 20, 2004
Date: July 15, 2004
XX Consent Agenda
Special Agenda
__Workshop Agenda
Description of agenda item:
City Commission is requested to approve multiple awards for Bid #2004-10, Co-op Bid for Chemicals
and Fertilizers for a total estimated amount of $212,380.00 the City of Delray Beach.
ORDINANCE/RESOLUTION REQUIRED: YES
NO X
Draft Attached: YES NO __ X __
Recommendation:
Staff recommends multiple awards to various vendors for Bid #2004-10, Co-op Bid for Chemicals and
Fertilizers for a total estimated amount of $212,380.00 the City of Delray Beach.
Funding from the City of Delray Beach Parks and Recreation Department operating budget of
$102,380.00, and City of Delray Beach Golf Course and Lakeview Golf Course operating budget of
$110,000. FY 04/05.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on~,/all items involving expenditure of funds):
Funding available: Yes__X__ No
Funding alternatives: (if applicable)
Account Number: 001-4131-572.52-26 OPERATING SUPPLIES / GARDENING SUPPLIES
001-4511.539,52-26 OPERATING SUPPLIES / GARDENING SUPPLIES
445-4714-572-52-26 DELRAY BEACH MUNICIPAL GOLF COURSE FUND / GARDENING SUPPLIES
446-4714-572-52-26 LAKEVIEW GOLF COURSE FUND / GARDENING SUPPLIES
Account Description: OPERATING SUPPLIES / GARDENING SUPPLIES
DELRAY BEACH MUNICIPAL GOLF COURSE FUND / GARDENING SUPPLIES
LAKEVIEW GOLF COURSE FUND / GARDENING SUPPLIES
Account Balance:
City Manager Review:
Approved for agenda:~)
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~'~ ~x - REGULAR MEETING OF JULY 20. 2004
ORDINANCE NO. 32-04 (SMALL SCALE FUTURE LAND USE MAP
AMENDMENT & REZONING
DATE: JULY 16, 2004
This ordinance is before Commission for second reading and a quasijudidal heating that provides for a
small scale Future Land Use Map (FLUM) amendment from CF-R (Community Facilities-Recreation)
to CC (Commercial Core) and rezoning from CF (Community Facilities) to CBD (Central Business
District) for a 2.42 acre parcel of land to be known as The Strand, bordered by S.E. 1,t Street on the
north, S.E. 2"a Street on the south, S.E. Y~ Avenue on the east, and the Florida East Coast (F.E.C.)
Railway on the west.
The subject property incorporates that portion of Block 86 lying east of the Florida East Coast
Railway right-of-way. The request is to accommodate the construction of a mixed-use development
consisting of approximately 25,000 square feet of ground floor retail floor area and up to 140
condominium residences on the subject property and an adjacent property to the north (across S.E. 1't
Street), which is not part of this request.
The Planning and Zoning Board held a pubhc hearing in conjunction with the requests. One (1)
member from the public spoke on the item and indicated a concern as to the amount of residential
development in the downtown. After discussing this proposal, the Board voted 6-0 to recommend
that the requests be approved, by adopting the findings of fact and law contained in the staff report
and finding that the request is consistent with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), Land Development Regulations (LDR) Section
3.1.1 (Required Findings), LDR Section 2.4.5 (D)(5) (Rezoning Findings), LDR Section 3.2.2
(Standards for Rezonings), and the Comprehensive Plan.
At the first reading on July 6, 2004 the City Commission passed Ordinance No. 32-04.
Recommend approval of Ordinance No. 32-04 on second and final reading.
S:\Cit~ Clerk\agenda mcmaos\Ord.32.04 07.20.04 Rezoning The Strand
TO:
THRU:
FROM:
SUBJECT:
)F PLANNING AND ZONING
MEETING OF JULY 6, 2004
PRIVATELY SPONSORED REQUEST FOR A SMALL SCALE FUTURE LAND
USE MAP (FLUM) AMENDMENT FROM COMMUNITY FACILITIES-
RECREATION (CF-R) TO COMMERCIAL CORE (CC) AND REZONING FROM
COMMUNITY FACILITIES (CF) TO CENTRAL BUSINESS DISTRICT (CBD)
FOR THE PROPERTY BORDERED BY SE 1sT STREET ON THE NORTH, SE
2ND STREET ON THE SOUTH, SE 3r~D AVENUE ON THE EAST, AND THE
FLORIDA EAST COAST (F.E.C.) RAILWAY ON THE WEST.
The subject property incorporates that podion of Block 86 lying east of the F.E.C. Railway right-
of-way containing approximately 2.42 acres. The property is presently zoned CF with an
underlying compatible FLUM designation of CF-R.
An application has been submitted for a FLUM amendment from CF-R to CC and rezoning from
CF to CBD. These applications have been submitted in order to accommodate the construction
of a mixed-use development consisting of approximately 25,000 square feet of ground floor
retail floor area and up to 140 condominium residences on the subject property and an adjacent
property to the north (across SE 1st Street), which is not a part of this request. This use would
be permissible under the proposed CBD zoning, but not under the current zoning. Additional
background and an analysis of the FLUM amendment and rezoning are provided in the attached
Planning and Zoning Board staff report.
At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing in
conjunction with the FLUM amendment and rezoning request. One (1) member from the public
spoke on the item and indicated a concern as to the amount of residential development in the
downtown. After reviewing the staff report and discussing the proposal, the Board voted 6-0
(Krall absent) to recommend that the requests be approved, by adopting the findings of fact and
law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of
the Land Development Regulations.
Move approval of the privately sponsored request for a small scale FLUM Amendment from CF-
R to CC and rezoning from CF to CBD for the subject property, by adopting the findings of fact
and law contained in the staff report, and finding that the request and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5),
3.1.1 and 3.2.2 of the Land Development Regulations.
Attachments: Planning and Zoning Board Staff Repo~ of June 21, 2004, and Ordinance by Others
ORDINANCE NO. 32-04
AN ORDiNANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE
PLAN FROM CF-R (COMMUNITY FACILITIES-RECREATION) TO
CC (COMMERCIAL CORE); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE
LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING
LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) TO
CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE WEST SIDE OF SE 3Rr~
AVENUE, BETWEEN SE 1sT STREET AND SE 2ND STREET, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Nauplius Limited, is the fee simple owner of a 2.423 acre parcel of land
located on the west side of SE 3rd Avenue, between SE lst Street and SE 2nd Street; and
WHEREAS, the subject property hereinafter described has an existing Future Land Use Map
(FLUM) designation of CF-R (Community Facilities-Recreation); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from CF-R (Community Facilities-Recreation) to CC (Commercial Core); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April, 2003, as being zoned CF (Community Facilities); and
WHEREAS, at its meeting of June 21, 2004 the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Future Land Use Map designation of the subject property is hereby
officially affixed as CC (Commercial Core).
Section 2. That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amended to reflect a zoning classification of CBD (Central Business District) for the
following described property:
All that portion of Block 86, in the Town of Linton, Lying East of the Florida East Coast
Railway right-of-way, according to the Plat of the said Town (now Delray Beach) as
recorded in Plat Book 1, Page 3 (Sheet 2) of the Public Records of Palm Beach County,
Florida, less the North 25.00 feet thereof.
Section 4. That the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with
the provisions of Section 3 hereofi
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 7. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.S. No development orders, development permits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Plarming, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ., 200__.
2 ORb NO. 32-04
ATTEST
MAYOR
City Clerk
First Reading_
Second Reading
3 ORD NO. 32-04
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
June 21, 2004
IV. A.
Future Land Use Map Amendment from Community Facilities-Recreation (CF-
R) to Commercial Core (CC) and Rezoning from Community Facilities (CF) to
Central Business District (CBD) (Quasi-Judicial Hearing).
GENERAL DATA:
Owner ................................. Nauplius Limited Company
Agent ............................... Urban Design Studio
Applicant ........................... Ironwood Properties
Location ................................ West Side of SE 3rd Avenue,
Between SE Ist Street and SE 2nd
Street
Property Size ......................... 2.423 Acres
Current FLUM Designation .... Community Facilities-Recreation
(CF-R)
Proposed FLUM
Designation ....................... Commercial Core (CC)
Current Zoning ................... Community Facilities (CF)
Proposed Zoning ................Central Business District (CBD)
Adjacent Zoning ..... North:
South:
East:
West:
CBD
Central Business District-Railroad
Corridor (CBD-RC)
CBD
CBD~RC
Existing Land Use ................. Temporary Parking Lot
Proposed Land Use ..............FLUM Amendment from CF-R to
CC and Rezoning from CF to
CBD
Water Service ....................... N/A
Sewer Service ....................... N/A
ATLANTIC AVENUE
lllll lllllJl l I[
IV. A.
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored small scale Future Land Use Map (FLUM) Amendment from Community
Facilities-Recreation (CF-R) to Commercial Core (CC) and rezoning from Community Facilities
(CF) to Central Business District (CBD) for the property bordered by SE 1s~ Street on the north,
SE 2°d Street on the south, SE 3rd Avenue on the east, and the Florida East Coast (F.E.C.)
Railway on the west.
Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and rezoning of any property within the City.
The proposal incorporates all that portion of Block 86 lying east of the F.E.C. Railway right-of-
way containing approximately 2.42 acres.
The property was previously leased by the City from the F.E.C. Railway for a 40 space public
parking lot (north end) along with the east five feet (5') for a public sidewalk. In October 1997,
the lease between the City and the F.E.C. Railway was terminated as the property was to be
sold. Subsequent to the sale of the property, at its meeting of October 20, 1998, the City
Commission approved a temporary parking lot permit request for the Milagro Center at the
property. The proposal included the installation of a 191-space temporary parking lot (162
gravel spaces, 29 asphalt spaces) with associated site lighting and perimeter landscaping. The
temporary parking lot was to be used by the Milagro Center (101 SE 2nd Avenue) and by the
general public at the owner's discretion. Pursuant to LDR Section 2.4.6(H), permits for
temporary parking lots are valid for only one (1) year. Renewal permits were issued on two (2)
occasions, ultimately expiring on October 20, 2001. These most recent improvements to the
site still remain.
An application has been submitted for a FLUM amendment from Community Facilities-
Recreation (CF-R) to Commercial Core (CC) and rezoning from Community Facilities (CF) to
Central Business District (CBD). These applications have been submitted in order to
accommodate the construction of a mixed-use development consisting of approximately 25,000
square feet of ground floor retail floor area and up to 140 condominium residences on the
subject property and an adjacent property to the north (across SE 1st Street), which is not a part
of this FLUM amendment and rezoning request. This use would be permissible under the
proposed CBD zoning, but not under the current CF zoning.
In accordance with Chapter 163, Florida Statutes, this FLUM amendment is considered a
Small-Scale amendment and is not limited to the twice-a-year Comprehensive Plan Amendment
review process.
Florida Statute 163.3187 - Small-Scale Land Use Map Amendments:
This FLUM Amendment is being processed as a Small-Scale Development pursuant to Florida
Statute 163.3187. This statute states that any local government comprehensive land use
amendments directly related to proposed small-scale development activities may be approved
without regard to statutory limits on the frequency of consideration of amendments (twice a
year), subject to the following conditions:
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 2
The amendment does not exceed 10 acres of land;
r~ The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency exception
areas or 60 acres annually in areas lying outside the designated areas;
Q The proposed amendment does not involve the same property or the same owner's
property within 200 feet of property, granted a change within a period of 12 months;
r~ That if the proposed amendment involves a residential land use, the residential land
use has a density of 10 units or less per acre except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment or
downtown revitalization;
~1 The proposed amendment does not involve a text change to the goals, policies and
objectives of the local government's comprehensive plan, but only proposes a land
use change to the future land use map for a site-specific small scale development
activity; and
r~ The property that is the subject of a proposed amendment is not located within an
area of critical state concern.
The 2.42 acre property, which is located within the traffic concurrency exception area (TCEA),
does not exceed ten (10) acres nor will it result in the processing of FLUM amendments in
excess of 120 cumulative acres this year. This application is the first small-scale FLUM
amendment to be considered this year. The subject property does not involve a residential land
use or a text change, and is not located in an area of critical state concern. The proposed
FLUM amendment involves a property that has not previously been considered, nor located
within 200' of property owned by the applicant that was approved for a land use change within
the past year. Based upon the above, the subject proposal is consistent with the criteria for a
small-scale development.
REQUIRED FINDINGS:
LDR (Chapter 3) PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain
findings must be made in a form which is part of the official record. This may be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and
Compliance with the Land Development Regulations.
Future Land Use Map - The resulting use of land or structures must be allowed in the zoning
district within which the land is situated and said zoning must be consistent with the applicable
land use designation as shown on the Future Land Use Map.
The proposed zoning district (CBD) and FLUM designation (CC) are consistent with one
another, and mixed-use developments are allowed as a permitted use within the CBD zoning
district. Based on the above, positive findings can be made with respect to FLUM consistency.
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 3
Future Land Use Map Element Policy A-1.7: Amendments to the Future Land Use Map must
be based upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need - That there is a need for the requested land use. The need must be
based upon circumstances such as shifts in demographic trends, changes in the availability
of land, changes in the existing character and FLUM designations of the surrounding area,
fulfillment of a comprehensive plan objective or policy, annexation into the municipal
boundaries, or similar circumstances. The need must be supported by data and analysis
verifying the changing demographics or other circumstances. This requirement shall not
apply to requests for the FLUM designations of Conservation or Recreation and Open
Space; nor shall it apply to FLUM changes associated with annexations when the City's
advisory FLUM designation is being applied, or when the requested designation is of a
similar intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
The proposed FLUM amendment and associated rezoning will fulfill Future Land Use
Element Policy C-4.2 and Housing Element Policy B-2.6 as discussed below. As these
Comprehensive Plan Policies are furthered by the proposed FLUM amendment and
rezoning a positive finding can be made with regard to demonstrated need.
Consistency - The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
Future Land Use Element Objective A-l: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate in terms of soil, topographic and
other applicable physical considerations; is complimentary to adjacent land uses; and fulfills
remaining land use needs.
There are no significant environmental characteristics to the subject property. The future
redevelopment of the property based upon the proposed FLUM designation and zoning will
be complimentary to the adjacent land uses, which consist of office, retail, light industrial,
parking lots and vacant land. The FLUM amendment and associated rezoning will enable
the fulfillment of remaining land use needs by allowing the prevision of additional housing
within the downtown area. Accordingly, a positive finding can be made with respect to this
Comprehensive Plan Objective.
Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the
citizens' vision for the growth and unification of Delray Beach, while still retaining the "village
like, community by-the-sea" character of the CBD. The Plan addresses a wide range of
issues including infill development, neighborhood parks, shared parking, public art, the
roadway and alleyway systems, marketing/economic development, and the need to modify
the Land Development Regulations to include design guidelines to retain the character of
Delray Beach. Future development and redevelopment in this area shall be consistent with
the Master Plan.
The subject property is located within the borders of the downtown as defined by the
Downtown Delray Beach Master Plan and is more specifically located within the Central
Core District identified in the Master Plan. The overall Master Plan and specific project
plans and sketches included within, are conceptual in nature and provided to graphically
Planning and Zoning Board Staff Repod
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 4
illustrate one possible solution to an identified opportunity. They are not meant to represent
the only solution, but instead to provide a starting point for additional discussion and
detailed design. The Master Plan identifies the subject property as a potential location for a
parking structure to be associated with a new multi-modal transit station that would be
located on the parcel immediately to the north (southwest corner of East Atlantic Avenue
and SE 3rd Street). The property is under private ownership and may be developed in a
manner consistent with the proposed CC FLUM designation and CBD district regulations.
Further, the proposed FLUM amendment and rezoning for the subject property would not
eliminate the possibility of establishing a multi-modal transit station on the property to the
north. The proposed FLUM amendment and rezoning would also provide the opportunity
for additional commercial and office space as well as residences that would further the goal
of the Master Plan to establish a self-sufficient downtown. Based upon the above, a
positive finding can be made with respect to the above policy in that the proposal will further
the goals of the Downtown Delray Beach Master Plan.
Housing Element Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the stability
of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and
circulation patterns shall be reviewed in terms of their potential to negatively impact the
safety, habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be modified
accordingly or denied.
As discussed previously with the Concurrency analysis, the envisioned development will
increase traffic in the surrounding area, generating a number of new trips upon the
surrounding roadway network. However, the property is located within an area of the City
that consists of the traditional roadway grid network. This network is conducive to traffic
distribution, wherein, several diverse options are available in the navigation of the downtown
area. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be
negatively impacted by the additional traffic.
In terms of safety, the introduction of additional residential components to the downtown will
likely improve the safety of the area as well as its long term stability. It will introduce further
night time activity, and more "eyes" to observe what is happening in the area, which should
be a deterrent to criminal activity. Based upon the above, a positive finding can be made
with respect to the above Comprehensive Plan Policy that the proposal will not have a
negative impact on the surrounding area with regard to noise, odors, dust, and/or circulation
patterns.
Housinq Element Policy B-2.6: Housing in and near the downtown area, in close proximity
to employment opportunities and services, is a critical need.
The current CF-R FLUM and CF zoning designations do not accommodate residential
development; however the proposed CC FLUM and CBD zoning designations do permit
residential and mixed-use developments. The applicant has indicated that the proposed
mixed-use project will include up to 140 condominium units. The provision of these
residential dwelling units will address the identified critical need for housing within the CBD.
Concurrency - Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 5
Water and Sewer: Water service is available via service lateral connections to an existing 6"
water main within the southern half of the adjacent SE 3ra Avenue right-of-way and/or an
existing 8" water main within the SE 2nd Street right-of-way. Three (3) fire hydrants
presently exist on the east side of SE 34 Avenue: at the SE 1st Street intersection, at the SE
2nd Street intersection, and midway between these intersections. Sewer service is available
via service lateral connections to an existing 8" sanitary sewer main within the SE 3"d
Avenue right-of-way and/or an existing 12" sanitary sewer main within the SE 2® Street
right-of-way.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to this level of
service standard.
Drainage: With FLUM and rezomng requests drainage plans are not required. At present,
virtually the entire property is paved with some pervious areas at the perimeter. With
redevelopment of the site, drainage plans will be submitted; however there are no problems
anticipated in retaining drainage on site and obtaining any/all necessary permits.
Traffic: The subject property is located within the City's TCEA, which encompasses the
CBD, Old School Square Historic Arts District (OSSHAD), and the West Atlantic Avenue
Business Corridor. The TCEA exempts the above described areas from complying with the
Palm Beach County Traffic Performance Standards Ordinance. In addition, the subject
property is located within the Coastal Residential Exception Area which exempts residential
projects east of 1-95 from complying with the Traffic Performance Standards Ordinance.
Therefore, a traffic study is not required for concurrency purposes; however a traffic
statement is necessary for impact fee purposes. The applicant has submitted a traffic
statement indicating that the intended development will generate 94 A.M. peak hour trips
and 331 P.M. peak hour trips. It is noted that the CF zoning currently allows similar and
even more intense uses than are accommodated within the proposed CBD zoning district.
The uses allowed under the CF-R FLUM designation and the CF zoning district can
accommodate large venues that are more regionally-oriented from a traffic perspective,
while the uses allowed in the CBD are typically more locally oriented.
Parks and Recreation: Non-residential uses are not considered to have an impact on the
City's Parks and Recreation facilities. However, any proposed residential dwelling units
would be assessed a Parks and Recreation impact fee of $500 per unit at the time of
building permit.
Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the
indicated mixed-use development would generate 200.3 tons of waste annually. The Solid
Waste Authority has indicated that its facilities have sufficient capacity to handle all
development proposals until the year 2021.
Schools: The Palm Beach County School District must approve the development proposal
for compliance with the adopted Level of Service for School Concurrency. Verification from
the Palm Beach County School District is pending.
Compatibility - The requested designation will be compatible with exiting and future land
uses of the surrounding area.
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 6
The proposal will change the FLUM designation of the property from CF-R to CC, which is
consistent with the surrounding land uses to the north, east and west. To the south of the
subject property is Redevelopment Area-5, also known as the Osceola Park Neighborhood
Redevelopment Area. These adjacent properties to the south are zoned CBD-RC and will
likely be assigned a FLUM designation of CC following the adoption of the Redevelopment
Plan for the Osceola Park neighborhood. All of the adjacent properties are used for
commercial purposes; therefore the requested FLUM designation will not result in an
incompatibility with the surrounding area and a positive finding with regard to Compatibility
can be made.
Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
Future redevelopment of the 2.42 acre parcel of land can occur in accordance with the
City's Land Development Regulations. During the site plan review process the development
proposal will be reviewed for compliance with the LDR. The applicant has indicated intent to
develop the properties as a mixed-use development consisting approximately of 25,000
square feet of retail floor area and 140 residential dwelling units. The proposal is
permissible under the proposed CBD zoning designation and compatible with the proposed
CC FLUM designation; however should the ultimately proposed density exceed 30 dwelling
units per acre, conditional use approval would be necessary. At this time no issues have
been identified which would prohibit compliance with the requirements of the CBD zoning
district. Given the above, a positive finding with respect to compliance with the Land
Development Regulations can be assumed.
STANDARDS FOR REZONING ACTIONS:
Compliance with the performance standards set forth in LDR Section 3.2.2, along with
the required findings noted in LDR Section 2.4.5(D) (5) shall be the basis upon which a
finding of overall consistency is to be made. Other objectives and policies found in the
adopted Comprehensive Plan may be used in making a finding of overall consistency.
LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable
performance standard of LDR Section 3.2.2 is as follows:
(D)That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The following zoning designations and uses border the property:
North:
South:
East:
West:
Zoning Desiqnation:
Central Business District (CBD)
Central Business District - Railroad Corridor
(CBD-RC)
Central Business District (CBD)
Central Business District - Railroad Corridor
(CBD-RC)
Use:
Parking Lot and Vacant Land
Retail
Office
Light Industrial and Vocational
School (Milagro Center)
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 7
As noted in the above table, the surrounding properties are zoned either CBD or CBD-RC, and
pursuant to LDR Section 4.4.28, many of the permitted and conditional uses within the CBD are
allowable within the CBD-RC. Therefore, the proposed rezoning of the subject property from
Community Facilities (CF) to Central Business District (CBD) poses no incompatibilities with the
surrounding properties.
LDR Section 2.4.5(D) (5): In addition to provisions of Chapter Three, the City Commission
must make a finding that the rezoning fulfills one of the reasons for which the rezoning
change is being sought. These reasons include the following:
A. That the zoning had previously been changed, or was originally established, in error;
B. That there has been a change in circumstances which make the current zoning
inappropriate; or
C. That the requested zoning is of similar intensity as allowed under the Future Land
Use Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
The applicant submitted a justification statement stating the following:
"The valid reason for the requested rezoning of 2.42 acres at the southwest corner of
SE 1st Street and SE 3~d Avenue is "C"... With this request, the applicant is requesting a
rezoning to CBD. The requested zoning designation is consistent with the requested
FLUM designation. The subject site is surrounded by CBD zoning on its eastern and
northern boundaries. The site is bounded to the west and south by the CBD-RC. The
requested rezoning to CBD will make this site consistent with the surrounding zoning
designations. The requested rezoning will also allow for the revitalization of this
important area located just one block south of East Atlantic Avenue and two blocks west
of southbound U.S. 1 (Federal Highway/SE 5th Avenue). The applicant is proposing a
mixed-use project consisting of condominiums and ground floor retail, which will help
revitalize this underutilized area and bring housing into the downtown area, which is
identified as a critical need within the Housing Element of the City's Comprehensive
Plan (Housing Element Policy B-2.6). It also should be noted that the subject site is
located directly north of the Osceola Park area, which has been identified within the
City's Housing Element as a neighborhood in need of stabilization and enhancement.
Located between East Atlantic Avenue and this neighborhood, the subject site will help
bring the revitalization and vibrancy of the East Atlantic Avenue corridor to the
surrounding neighborhoods".
The reason for which the rezoning is being sought is consistent with criterion "C". The
proposed FLUM (CC) and zoning (CBD) designations are of identical intensity as the
surrounding properties. Further, the zoning is appropriate for the subject property as it will
further the goals and objectives of the Downtown Delray Beach Master Plan and
Comprehensive Plan by enabling the provision of additional housing in the downtown area.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Future redevelopment of the 2.42 acre parcel of land can occur in accordance with the City's
Land Development Regulations. During the site plan review process the development proposal
will be reviewed for compliance with the LDR. The applicant has indicated intent to develop the
subject property as well as an adjacent property to the north (across SE 1st Street) as a mixed-
Planning and Zoning Board Staff Repod
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 8
use development consisting approximately of 25,000 square feet of retail floor area and 140
residential dwelling units. The proposal is permissible under the proposed CBD zoning
designation; however conditional use approval would be necessary if the requested density
exceeds 30 dwelling units per acre. At this time no issues have been identified which would
prohibit compliance with the requirements of the CBD zoning district. Given the above, a
positive finding with respect to compliance with the Land Development Regulations can be
assumed.
Community Redevelopment Aqency (CRA):
At its meeting of May 27, 2004, the CRA reviewed the proposed FLUM amendment and
rezoning and had no objections.
Downtown Development Authority (DDA):
At its meeting of May 19, 2004, the DDA reviewed the proposed FLUM amendment and
rezoning and had no objections.
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Letters of objection and/or support, if any, will be presented at the Planning and
Zoning Board meeting.
The proposed FLUM amendment from CF-R to CC and rezoning from CF to CBD are
consistent with the goals, objectives and/or policies of the Downtown Delray Beach Master
Plan, Comprehensive Plan, and LDR Sections 2.4.5(D) (5), 3.1.1 and 3.2.2(D). Positive
findings can be made with respect to Concurrency and Compatibility with the surrounding land
uses. The proposal will also enable a mixed-use development, consisting approximately of
25,000 square feet of retail floor area and 140 residential dwelling units (subject to the approval
of a conditional use request). This development proposal would also result in the fulfillment of
Housing Element Policy B-2.6 of the Comprehensive Plan which indicates the provision of
housing in and near the downtown area as a critical need. Based upon the above, the
proposed FLUM amendment and rezoning should be recommended for approval.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the privately sponsored
request for a small scale FLUM Amendment from CF-R to CC and rezoning from CF to
CBD for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and
3.2.2 of the Land Development Regulations.
C. Move a recommendation of denial to the City Commission for the privately sponsored
request for a small scale FLUM Amendment from CF-R to CC and rezoning from CF to
Planning and Zoning Board Staff Report
Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand
Page 9
CBD for the subject property, by adopting the findings of fact and law contained in the staff
report, and finding that the request is inconsistent with the Comprehensive Plan and does
not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land
Development Regulations.
Move a recommendation of approval to the City Commission for the privately sponsored
request for a small scale FLUM Amendment from CF-R to CC and rezoning from CF to CBD for
the subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request and approval thereof is consistent with the Comprehensive Plan and
meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations.
Attachments: Location Map, Proposed Future Land Use Map, and Proposed Zoning Map
Staff Repo~ Prepared by: Robert G. Tefft, Senior Planner
Cl TY
HALL
2ND ST
2ND
3RD
ST.
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONING OEPARTMENT
THE STRAND
PROPOSED FUTURE LAND USE MAP AMENDMENT
FROM: CF-R (COMMU[NITY FACILITIES AND RECREATION}
TO: CC (COMMERCIAL CORE)
L ,
$.W. ST. S.E.
1ST
ST.
rFIDELITY
FEDERAL
BANK
ST¸
N
THE STRAND
PROPSED REZONING
FROM: CF (COMMUINITY FACILITIES)
TO: CBD (CENTRAL BUSINESS DISTRICT)
[lTV OF DELRrlV BErlEH
CITY ATTORNEY'S OFFICE
DELRAY BEACH
AIFAmeflca City
DATE:
TO:
July 9, 2004
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT:
Pineapple Grove Way Special Assessment District
Resolution Adopting the Final Assessment Roll
The Pineapple Grove Way Special Assessment District was established to beautify
Pineapple Grove Way (N.E. 2nd Avenue) from the first alley intersection just north of
Atlantic Avenue to N.E. 4th Street. Only those property owners abutting Pineapple Grove
Way and first 100' of intersecting streets shall be specially assessed.
The special assessment cost shall be divided between the City, CRA and property owners
with each party paying a one-third share. The total cost of the project, excluding the utility
work to be performed by the City, is $2,222,931.00. However, the amount specially
assessed to the property owners may not exceed the City's estimated amount that was
adopted by the Preliminary Assessment Roll. That amount was based on a total cost of
$2,049,850.00. Therefore, the amount that will be assessed to the property owners through
the final assessment roll will be 1/3 of $2,049,850.00, which equates to $683,283.33.
The property owners will then have 60 days, from the date of the certification of the final
assessment roll, to pay the assessment in one lump sum. The property owners may also
pay the assessment in twenty annual installments at an interest rate of 8%. The City's
finance department will administer the collection of the assessments.
Our office requests that this item be placed on the July 20, 2004 City Commission agenda.
Please call if you have any questions.
Attachments
CC:
Chevelle Nubin, Acting City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 55-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE FINAL ASSESSMENT
ROLL FOR THE PINEAPPLE GROVE WAY SPECIAL
ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES
ABUTTING PINEAPPLE GROVE WAY (N.E. 2ND STREET) FROM
THE FIRST ALLEY INTERSECTION NORTH OF ATLANTIC
AVENUE TO N.E. 4TM STREET, AS MORE FULLY DESCRIBED
HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO
EACH PROPERTY; PROVIDING FOR THE METHOD OF
PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on July 25, 2000, the City Commission adopted Resolution 49-00
which established the preliminary assessment roll based on an estimated cost of the
beautification improvement at $2,049,850.00. The actual total cost of the improvement
is $2,222,931.00. The CRA and abutting property owners will each contribute one-
third of $2,049,850.00, ($683,283.33) and the City will contribute the remainder; and
WHEREAS, the Special Assessment District will include all those properties
listed on the assessment roll attached hereto as Exhibit "A", and as shown on the map
attached hereto as Exhibit "B"; and
WHEREAS, each property owner shall be assessed on foot frontage of the
property abutting N.E. 2nd Avenue or 100' on intersecting streets as indicated on the
assessment roll, see Exhibit "A"; and
WHEREAS, each property owner may pay their assessment in one lump sum no
later than sixty (60) days following certification of the final assessment roil; and
WHEREAS, each property owner may pay the assessment in twenty (20) annual
installments at an interest rate of eight percent (8%), as indicated on the amortization
tables attached hereto as Exhibit "C"; and
WHEREAS, the owner of each parcel within the District for which an
assessment is levied shall thereafter by responsible for payment thereof; and
WHEREAS, the cost of the street beautification is equally distributed among the
assessed properties on a foot frontage basis and bears a rational relationship to the
benefits received by the properties assessed; and
WHEREAS, pursuant to Florida Statute Section 170.07, the property owners
have been given 30 days notice of the public hearing and notice of the public hearing
has been given by two publications a week apart in a newspaper of general circulation
in Palm Beach County; and
WHEREAS, pursuant to Florida Statute Section 170.08, a public hearing has
been scheduled for July 20, 2004 in which the governing authority will meet for final
consideration of the special assessment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida,
following a duly noticed public hearing, does hereby adopt the above recitals as if fully
set forth herein.
Section 2. That the City Commission of the City of Delray Beach, Florida,
hereby adopts and certifies the final assessment roll for the Pineapple Grove Way
Special Assessment District, as set forth in Exhibit "A" which is attached hereto and
incorporated herein.
Section 3.
passage.
That this resolution shall become effective immediately upon
PASSED AND ADOPTED in regular session on this __ day of July, 2004.
MAYOR
ATTEST:
City Clerk
ATLANTIC
II~q~l ~ cn',r os DELRAY BEACH II PINF..APPLE ~OV~ WAY I~1~
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~ {2) ~ - REGULAR MEETING OF JULY 20. 2004
RESOLUTION NO. 56-04 (STORMWATER UTILITY SYSTEM)
DATE: JULY 16, 2004
In accordance with Chapter 56, "Stormwater", of the City Code, Resolution No. 56-04 establishes the
budget for the stormwater utility system, establishes the rates for FY 2005 stormwater management
assessments, and certifies and adopts the stormwater management assessment roll. Prior to
consideration, a public heating is requixed.
The assessment is proposed at the rate of $4.50 per month per Equivalent Residential Unit 0gRU), for
a total annual assessment of $54.00 per ERU. This is the same as the current year assessment.
Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25%
discount is given to owners of property served by private drainage systems.
The proposed budget for the stormwater utility fund is incorporated in Resolution No. 56-04 as
Exhibit "A". The rate structure with condominium factors is attached to the resolution as Exhibit
"B". The assessment roll will be available for review in the Comrmssion Chambers at the July 20e'
meeting.
Recommend approval of Resolution No. 56-04.
S:\City Clerk\agenda memos\Res. 564)4.Ston nwater.07.20.04
RESOLUTION NO. 56-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DEL1LAY BEACH, FLORIDA, ESTABLISHING A BUDGET
FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING
RATES FOR STORMWATER MANAGEMENT ASSESSMENTS
FOR EACH PARCEL WITHIN THE BENEFITTED AREA,
OTHER THAN NON-ASSESSED PROPERTY; PROVIDING
FOR A PUBLIC HEARING, ~AIJ. IN ACCORDANCE WITH
CHAPTER 56 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT
STATUTORY AUTHORITY; PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE STORMWATER
ASSESSMENT ROLL.
WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on
July 10, 1990, adopt Ordinance No. 21-90 which provides for the creation and establishment of a
City-wide Stormwater Management System; and
WHEREAS, the City Commission of the City of Delray Beach did, on April 27,
1993, adopt Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the
City of Delray Beach to provide for the method of establishing and collecting Stormwater
Management Assessments; and
WHEREAS, the statutory authority for the creation and implementation of
Ordinance No. 21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida
Constitution; Chapter 166, Florida Statutes, as amended and supplemented; Section 403.0893,
Florida Statutes, as amended and supplemented; Chapter 197, Florida Statutes, as amended and
supplemented; the City Charter of the City of Delray Beach, Florida; and other applicable
provisions of law; and
WHEREAS, the City Commission of the City of Delray Beach has found that
owners, tenants and occupants of property within the geographical boundaries of the City will
derive a special benefit from the effective management of stormwater and other surface water and
from the operation, maintenance and expansion of the stormwater management system; and
WHEREAS, Chapter 56 of the City Code establishes that the rate for stormwater
management assessments for each parcel within the benefited area, other than with respect to non-
assessed property, shall be established each year by resolution of the City Commission; and
WHEREAS, Chapter 56 of the City Code provides that such rate resolution shall
not be adopted prior to the establishment of an operational budget for the system or prior to
conducting a rate hearing as required by applicable law; and
WHEREAS, Chapter 56 of the City Code provides that such budget shall include,
but not be limited to, a capital element, a debt service element and an Operation and Maintenance
element and further requires that the rate heating and rate resolution shall clearly establish what
portion of the stormwater management assessment reflects the capital element, the debt service
element, if any, and the Operation and Maintenance element; and
WHEREAS, a budget of operation for the year ending September 30, 2005, is set
forth in Exhibit "A" and is established in confomaity with the requirements of Ordinance No. 21-
90, as amended, and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and
WHEREAS, billing and collection of the stormwater management assessment shall
be accomplished utilizing the uniform method of collection; and
WHEREAS, a rate for stormwater management assessments for the various classes
of property (other than non-assessed property) within the benefited area shall be calculated as
provided in Chapter 56 of the City Code, and as further set forth in Exhibit "B" to this resolution;
and
WHEREAS, a public hearing on this resolution setting the rates and adopting the
budget and for the purposes of adopting and certifying a stormwater assessment roll was duly
noticed; and
WHEREAS, the City, upon adoption of the budget and rates, shall review the
stormwater assessment roll to determine its conformity with the proposed rate resolution and if
upon the completion of such review the City shall be satisfied that the Stormwater Management
Assessment Roll has been prepared in conformity with the proposed rate resolution, it shall adopt
said resolution and ratify and confirm the Stormwater Management Assessment Roll and certify
that the Stormwater Management Assessment Roll is correct and proper and is to be used in
collecting the stormwater management assessments. Thereafter, the City Commission, if no
objections are made by persons affected by the assessment roll at the public heating or if
objections having been made are deemed insufficient by the City Commission, shall thereupon
adopt the assessments as shown by the Assessment Roll; and
WHEREAS, the owner of each parcel within the benefited area for which a
stormwater assessment is levied shall thereafter be responsible for payment therefor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
2 RES. NO. 56-04
Section 1. That the City Commission does hereby adopt the aforementioned
preamble in its entirety.
Section 2. That the City Commission does hereby adopt, after public hearing, the
budget as established in Exhibit "A" hereto which is incorporated herein.
Section 3. That the City Commission does hereby adopt, after public heating, the
rates as set forth in Exhibit "B" hereto which is incorporated herein.
Section 4. That the City Commission hereby adopts and certifies the Stormwater
Management Assessment Roll.
PASSED AND ADOPTED m regular session on this the 20t~ day of July, 2004.
ATItsST: M A Y O R
Acting City Clerk
3 RES. NO. 56-04
Exhibit "A"
FY 2004-0~
FUND 448 STORMWATER UTILITY FUND
Dept ~4 Stormwater Utility
Dh, 11 Administration
12-10
21-10
22-10
22-30
23-10
23-20
23-30
24-10
25-10
25-20
31-30
31-90
32-10
40-10
41-10
42-10
43-50
44-30
44-45
45-10
46-30
46-90
47-20
49-22
51-10
51-90
52-10
52-20
52-22
54-10
54-15
54-20
54-30
66-10
91-01
REGULAR SALARIES/WAGES
EMPLOYER FICA
GEN'L EMP RETIREMENT
ICMA CONTRIBUTIONS
LIFE INSURANCE
DISABILITY INSURANCE
HEALTH INSURANCE
WORKERS' COMPENSATION
UNEMPLOYMENT COMPENSATION
EMPLOYEE ASSISTANCE PROG.
PERSONAL SER VICES
ENGINEERING/ARCHITECT
OTHER PROFESS SERVICES
AUDIT/ACCOUNTING FEES
TRAVEL & TRAINING
TELEPHONE EXPENSE
POSTAGE
STORMWATER CHARGES
EQUIPMENT RENTAL/LEASE
VEHICLE RENTAL-GARAGE
GENERAL LIABILITY
VEHICLE MAINT-GARAGE
OTHER REPA1R/MAINT COST
REPRODUCTION CHARGES
SHARE OF ADMIN EXP
STATIONERY/PAPER/FORMS
OTHER OFFICE SUPPLIES
FUEL/LUBE VEHICLE
GEN'L OPER SUPPLIES
UNIFORM/LINEN SERVICE
BOOKS & PUBLICATIONS
SUBSCRIPTIONS
MEMBERSHIPS
TRAINING/EDUCATION COSTS
OPERA TING EXPENSES
SOFTWARE
CAPITAL OUTLAY
TRANSFER TO GENERAL FUND
TRANSFERS
42,090
3,230
3,840
420
190
270
5,930
1,980
50
50
58,050
22,500
t2,900
500
600
220
150
870
2,750
1,780
6,140
1,800
6,150
310
94,000
3,150
40O
130
8,500
180
130
50
830
520
3,640
3,640
86~000
86,000
** STORMWATER ADMINISTRATION $ 312,250.
Exhibit "A"
FY 2004-0~
FUND 448 STORMWATER UTILITY FUND
Dept 54 Stormwater Utility
Div 16 MAINTENANCE
12-10
14-10
21-10
22-10
22-30
23-10
23-20
23-30
24-10
25-10
25-20
REGULAR SALARIES/WAGES
OVERTIME
EMPLOYER FICA
GEN'L EME RETIREMENT
1CMA CONTRIBUTIONS
LIFE INSURANCE
DISABILITY INSURANCE
HEALTH INSURANCE
WORKERS' COMPENSATION
UNEMPLOYMENT COMPENSATION
EMPLOYEE ASSISTANCE PROG.
PEI~ONAI, SER VIC£$
31-20
34-70
34-78
34-90
40-10
41-15
43-10
43-25
44-10
44-3O
44-45
45-10
46-20
46-30
46-90
47-10
48-20
49-16
51-10
5 ! -90
52-10
52-20
52-22
52-24
52-26
52-27
53-20
54-20
54-30
MEDICAL
PHOTO/MICROFILM SERVICES
AUDIT/ACCOUNTING FEES
PHOTO/MICROFILM SERVICES
TRAVEL & TRAINING
TELEPHONE EXPENSE
ELECTRICITY
IRRIGATION WATER
LAND RENTAIdLEASE
EQUIPMENT RENTAL/LEASE
VEHICLE MAINT-GARAGE
OTHER REPAIR/MAINT COST
EQUIPMENT MAINTENANCE
VEHICLE MAINT-GARAGE
OTHER REPAIR/MAINT COST
PRINTING/BINDING SERVICES
EMPL RECOGNITION AWARD
COMML DRIVERS LlC RENEWAL
STATIONERY/PAPER/FORMS
OTHER OFFICE SUPPLIES
FUEL/LUBE VEHICLES
GEN'L OPER SUPPLIES
UNIFORMS/LINEN SERVICE
BUILDING MATERIALS
GARDENING SUPPLIES
EQUIPMENT <$750
REPAIRS-DRAINAGE
MEMBERSHIPS
TRAINING/EDUCATION COSTS
OPERA TING EXPENSE~
64-25
HEAVY EQUIPMENT
CAPITAL OUTLAY
166,640
2,600
13,390
15,170
1,040
960
1,050
29,640
17,120
230
240
248,0~0
570
100
9,450
27,690
1,520
30
6,790
4,200
1,630
1,000
27,760
9,960
600
37,450
58,550
4O0
300
100
25O
4O0
8~00
8,500
2,400
1,300
7,040
4,570
13,000
100
1,100
234,960
215~000
215,000
** STORM~VATER SYSTEM MAINTENANCE $ 698,040
Exhibit "A"
FY 200405
FUND 448 STORMWATER UTILITY FUND
Dept 54 Stormwater Utility
Div 61 CAPITAL
65-85 OSCEOLA PARK
99-01 PROJECT RESERVE
* CAPITAL OUTLd Y
** CAPITAL
338,000
618,000
956,000
FUND 448 STORMWATER UTILITY FUND
Dept 71 Debt Service
Div llDebt Service
71-16
72-16
STORMWATER NOTE
STORMWATER NOTE-INTEREST
DEBT SERVICE
** DEBT SERVICE
STORMWATER UTILITY FUND
23,190
30~330
53,520
~3,.~20
City of Delray Beach, Florida Program: SWLIB~SWCONDO
STORMWATER M/~NAGEMENT ASSESSMENT Prepared: 7/12/04, 15:40:47
CONDOMINIUM RATES FOR TAX YE~-R 2004 Page: 1
Condominium Units ERUs
Acacia House 3 .91
Admiral Apts.
Anchorage
Ardmore
Arnold Industrial Park
Bahama House of D.B./Brook Haven/Ocean Reach Apts.
Balmoral
Banyan House
Banyan Tree village
Bar Harbour
Barr Terrace
Barrton Apts.
Beach Cabanas
Beach House of Delray
Beekman
Berkeshire II
Berkshire I
Bermuda High
Bermuda High South
Bermuda High West
Blairs Arcade
Blairs Downtown
Block 60
Boca Isle/Point at Delray Beach
Brooks Lane
Cambridge
Captains Walk
Casa Del Mar
Casa Playa
Chevy Chase
Churchill
Coach Gate
Coastal House
Colridge
Commodore Apts.
Congress Professional Building
Coral Cove
Costa Del Rey
Country Manors
Court of Delray
Cove Apts
Crest
Del Harbour
Del Harbour Condominium
Delhaven
Delray Bch Club
Delray Beach Yacht Club Condo
Delray Dental Specialists
Delray Estates
Delray Golfview
Delray Harbour Club
Delray Oaks
Delray Oaks West
Delray Ocean villas
10 .70
8 .32
13 .70
3 1.00
22 .70
12 .57
65 .63
55 .96
85 .39
96 .38
103 .46
12 .64
12 .70
14 .70
48 1.00
23 .79
22 1.00
29 94
46 1 00
5 1 00
3 89
92 13
93 69
6 1.00
8 1.00
57 .86
11 .49
11 .73
16 .70
30 .60
7 .97
85 .41
3 .87
8 .7O
3 1.00
7 .70
40 .63
440 1.00
43 .40
5 .70
6 .79
18 .32
4 .70
24 .74
77 .47
12 .53
3 .70
324 .55
36 .57
50 .44
142 .95
256 1.00
15 .70
City of Delray Beach, Florida Program:
STOR~4WATER MANAGEMENT ASSESSMENT Prepared:
CONDOMINIUM RATES FOR TAX YEAR 2004 Page:
Condominium Units
Delray Place
Delray Shores Professional
Delray Summit
Domaine Delray
Dover House
Eastview of Delray Beach
Eastview Village Square
Eastwinds
Eight Hundred Ocean Place
Environment I
Fairway
Fall Ridge
First Encounter
Georgia Street Industrial Park
Golfview Colony
Greensward Village
Grove
Hamilton House
Harbour Pointe of Delray
Harbour Villas
Harhourside I-III
High Point
Imperial Manor
Imperial Villas
Ingraham House
Inlet Cove
Inner Circle
Intercoastal Cove
Jardin Del Mar
Lago Del Rey
Lago Del Rey North Amsterdam
Lakeview Greens
Landings of Delray Beach
Lanikal Villas
Lavers Delray Racquet Club
Ledges
Linton Ridge
Linton Woods
Lyndon Arms
Manor House
Marina Ba
Marina De~ Rey
Martel Arms
Miramar Gardens
Narberth/Ocean Aire
New Monmouth
Ocean East
Ocean Place
Ocean Place-2155
Ocean Terrace
One Sixty Center
One Ten Apts
Outrigger
Palm Square
42
8
66
60
45
3
24
84
8
92
72
60
46
3
8
136
28
24
10
17
176
1,992
12
199
4
16
16
4
38
338
30
128
64
24
566
3
84
24
8
24
2
10
30
48
14
17
8
29
30
8
5
4
25
8
SWLIB/SWCONDO
7/12/04, 15:40:47
2
ERUs
1.00
.41
.91
.48
.70
1.00
.69
1.00
.93
1.00
1.00
.70
1.00
1.00
.91
.99
.77
.70
.56
.67
.76
.70
.96
70
1 O0
72
70
83
86
57
.90
1.00
.52
1.00
.70
.39
1.00
.64
.67
1.00
.70
1.00
.38
.70
.70
1.00
.77
.70
1.00
.70
1.00
.70
City of Delray Beach, Florida Program: SWLIB/SWCONDO
STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/12/04, 15:40:47
CONDOMINIUM P~ATES FOR TAX YEAR 2004 Page: 3
Condominium Units ERUs
Palm Trail
Palm Villas
Palm Villas at Delray Beach
Park View Manor
Patio Beach
Pelican Pointe
Penthouse Delray
Pine Beach South
Pines of Delray
Pines of Delray North
Pines of Delray West
Plum'
Ranger
Sabal Pine
Sabal Pine East
Sabal Pine South
Sands Terrace
Sav~y
Seabreeze of Delray
Seagate Manor
Seagate Towers
Seastone Apts.
Seaway Villas of Delray Beach
Serena Vista
Seven Seventy 17th Ave.
Sloan Hammock Land
South Congress Commerce Center
South County Professional
South Ocean
South Shore Club
Southridge
Southridge Village
Southwinds
Spanish River
Spanish Trail
Spanish Wells
St Tropez
Stor-all
Sunset Pines
Tahiti Cove
Talbot House III
Three Fifty Five Building
Town & Country
Tropic Bay 1-17
Tropic Harbor
Tropic View
Twelve-O-Two
Valhalla
Venetian Drive Townhouse
Venetian village
Villas Delray
Vista Lago
Waterview Apts.
Waterway East
22 .70
60 1.00
4 .95
16 .55
10 .70
56 1.00
80 .41
6 .70
685 .72
700 .99
287 .75
7 1.00
10 .70
256 .85
222 .93
128 .87
14 .50
8 .70
5 .69
63 .51
149 .49
10 .34
6 .70
30 1.00
9 .70
5 .98
2 1.00
45 1.00
10 1.00
15 1.00
37 1.00
68 .90
84 .69
1t 1.00
20 .59
240 .72
64 .43
12 .70
66 1.00
18 .79
4 .70
7 1.00
148 .57
399 .61
222 .49
48 1 00
6 58
8 1 00
4 7O
14 1 00
7 39
14 70
8 67
21 1.00
City of Delray Beach, Florida Program: SWLIB~SWCONDO
STORMWATER M3tNAGEMENT ASSESSMENT Prepared: 7/12/04, 15:40:47
CONDOMINIUM P~ATES FOR TAX YEAR 2004 Page: 4
Condominium Units ERUs
Waterway North
Wedgewood
Williamsburg Inn
Windemere House
Winston
WoodbrOoke
Total condominium units . . . : 11,979
Average ERU/unit ...... : .77
168 Records processed
-- End of Listing --
15
6
12
30
8
13
.92
.70
.70
.63
.78
.66
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ID ~) - REGULAR MEETING OF _IULY 20. 2004
ORDINANCE NO. 37-04 (EXTENSION OF THE MORATORIUM ON
ADULT ARCADE ESTABLISHMENTS)
DATE: JULY 16, 2004
This ordinance is before Commission for second reading and second public heating amending
Ordinance No. 13-04, Section 4, "Duration of Moratorium/Extension of Moratorium" to extend the
moratorium on Adult Arcade Establishments for ninety (90) days.
At the first reading on July 6, 2004, the Commission passed Ordinance No. 37-04.
Recommend approval of Ordinance No. 37-04 on second and final reading.
S:\City Clerk\agenda memos. Ord 37-04.Extension of Moratorium Adult Arcade Establishmems.07.20.04
[ITY OF DELRI:W BEACH
CITY ATTORNEY'S OFFICE 200 Nw 1st AVENUE- DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-'7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
TO:
FROM:
SUBJECT:
MEMORANDUM
June 23,2004
City Commission
David T. Harden, City Manager
Terrill C. Pyburn, Assistant City Attorney ~,~
Extension of the Moratorium on Adult Arcades Ordinance
Attached please find a proposed ordinance amending the moratorium on adult
arcades to extend it for an additional 90 days.
Please place this item on the City Commission agenda for July 6, 2004.
Thank you.
TCP:smk
Attachment
cc: Chevelle Nubin, Acting City Clerk
Paul Dorling, Planning Director
ORDINANCE NO. 37-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 13-04,
SECTION 4, "DURATION OF MORATORIUM/EXTENSION OF
MORATORIUM" BY AMENDING THE TEMPORARY BUILDING
MORATORIUM ON ARCADES TO EXTEND THE MORATORIUM
FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF
ADOPTION OF THIS ORDINANCE; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, provides municipal services to its citizens,
including regulation and licensing of businesses and issuance of permits; and
WHEREAS, the City Commission has learned of certain activities related to "adult arcades"
within the City of Delray Beach, being proposed or considered which activities would harm the
City's economic and redevelopment activities and otherwise significantly and adversely affect the
public health, safety, morals and welfare, said activities which may include forms of gaming or
gambling which could lead to illegal activities; and
WHEREAS, the operation of games of chance, those which require no skill in order to play,
may result in illegal gambling activities; and
WHEREAS, the City needs a period of time to address the different types of arcades and
games utilized at arcades in order to determine the appropriate permitting criteria for each; and
WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as
set forth in Florida Statutes Chapter 166; and
WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section
166.041 (c).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Ordinance 13-04 of the Code of Ordinances of the City of Delray Beach,
Florida, Section 4 is hereby amended to read as follows:
Section 4. DUR.*.TION OF MOR~.TOR!UM/EXTENSION OF MORATORIUM.
(a) The temporary moratorium set forth in this ordinance ch3!! take effect
· -~..- *~-.. o'.~,~ -'~'-"*~..'-' '~"*'- became effective on March 11, 2004· ""'~ *~'" r,;, ..... ~, ..... ,
...... *""'~ is hereby extending the temporary
(b) The City Commission .... . ........ .
moratorium established in th!c Ordinance 13-04 by enactment of an this ordinance erie-(-1-)
t~me amending Ordinance 13-04 to provide for an extension for 3 period not to exceed
ninety (90) days from the effective date of this ordinance· upcn ~ ¢..,.~;....,..,.~,,,~ "·h" *~.....,v '";*"v,.·
to
,o,-.~.,. ........*,..; .....*'~";"~'"'~ ~'"-"; .... *; ....*" "";"* The City ill accept
..... ~. .... · ..................................................... W no
applications which are subject to the moratorium until the moratorium has expired.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
of
PASSED AND ADOPTED in regular session on second and final reading on this __
,2004.
day
ATTEST:
CITY CLERK
First Reading
Second Reading.
MAYOR
2 ORD NO. 37-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # i.~'~ ~ - REGULAR M~F~TING JULY 20. 2004
ORDINANCE NO. 34-04 (AMENDMENT TO LAND DEVELOPMENT
REGULATIONS)
DATE: JULY 16, 2004
This is second reading and public hearing for Ordinance No. 34-04 amending the Land Development
Regulations Section 4.3.3(P), "Satellite Dish-Satellite Television Antenna", to provide updated
regulations for Satellite Dishes and Antennas.
At first reading on July 6, 2004, the City Commission passed Ordinance No. 34-04.
Recommend approval of Ordinance No. 34-04 on second and final reading.
S:\City Clerk\agenda memos\Ord. 34-04 Satellite Dish-Television Antenna 07.20.04
TO:
THRU:
FROM:
SUBJECT:
DAVII~ T/~AR~DE~/, CI.,TY MANAGER
MEETING OF JULY 6, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(P)
"SATELLITE DISH~ATELLITE TELEVISION ANTENNA" TO PROVIDE UPDATED
REGULATIONS FOR SATELLITE DISHES AND ANTENNAS.
LDR Section 4.3.3(P) (Satellite Dish - Satellite Television Antenna) contains regulations concerning
satellite dishes and television antennas. The current provisions were adopted in 1985.
The proposed amendment is being processed in order to obtain consistency with federal regulations
regarding satellite dishes and antennas. The proposed amendment will provide less restrictive
regulations for satellite dishes and antennas in order to avoid delays and expense associated with
their installation. The current regulations require a permit for a satellite dish or antenna regardless of
its size. The amendment will only require a permit for those that are greater than one meter (39.37") in
diameter or any size satellite dish that is mounted on a mast higher than 12 feet above the roof line.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. As noted previously, this amendment is being initiated to obtain consistency
with federal regulations and to provide less restrictive regulations for the installation of satellite dishes
and antennas. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the
Comprehensive Plan, it is not inconsistent with them.
At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing regarding the
amendment. There was no public testimony regarding the proposed changes. After discussing the
amendment, the Board voted 6-0 (Krall absent) to recommend to the City Commission approval of the
proposed amendment, based upon positive findings with LDR Section 2.4.5(M).
By motion, approve on first reading the ordinance amending Land Development Regulations Section
4.3.3(P) "Satellite Dish-Satellite Television Antenna", by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the Comprehensive Plan
and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations and set a public
hearing date of July 20, 2004.
Attachment: Proposed Ordinance
\\misrvOOl\departments\planning & zoning\boards\citycommission\ldrsatellitedishes.doc
ORDINANCE NO. 34-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR,
"ZONING REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS, SECTION 4.3.3(P), "SATELLITE DISH -
SATELLITE TELEVISION ANTENNA"; TO PROVIDE AN
UPDATED ORDINANCE ON SATELLITE DISHES; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide
its citizens with updated ordinances that are consistent with federal regulations regarding satellite
dishes and antennas; and
WHEREAS, the City desires to provide the least restrictive regulations possible on satellite
dishes and antennas in order to help its citizens avoid unreasonable delay and expense
associated with installation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(P), "Satellite Dish --
Satellite Television Antenna", of the Land Development Regulations of the City of Delray Beach,
Florida, be amended to read as follows:
(P) Satellite Dish - Satellite Television Antenna:
(1) A satellite dish or satellite television antenna that is greater than one meter
(39.37") in diameter or any size satellite dish that is mounted on a mast hiqher than 12 feet
above the roof line shall be considered a structure and shall require a building permit.
Antennas or dishes shall be of non-combustible and corrosive resistant material, shall be
erected in a secure wind resistant manner, and shall be adequately grounded for
protection against direct strike of lightening. Portable satellite dishes are not permitted.
Only satellite dishes which are actually required for obtaining a signal may be erected and
maintained on any property. Satellite dishes may not be used for display or advertising
purposes on the exterior of any structure. Where a commercial enterprise is engaged in
the sale of satellite dishes, the erection of more than two dishes (each of which shall be of
different sizes) which perform essentially the same function, on the exterior of the structure
shall be presumed to be for display or advertising purposes. Satellite dishes may not have
any writing on them which is visible from the right-of-way. These structures shall be
subject to the provisions of Chapter Seven, Building Regulations, which do not conflict with
this section as well as the following conditions:
(a)
Application Process: The application for a permit shall be reviewed
by the Building Department for a determination that the structure is
designed and will be erected in a manner which meets the technical
requirements of the code including those set forth in this section. The
City Horticulturist shall review the plans for screening the structure.
All satellite dishes and/or satellite television antennas that are
smaller than one meter (39.37") in diameter and that receive
video pro.qramminq siqnals such as Direct Broadcast Satellites
("DBS'), Multichannel Multipoint Distribution (wireless cable)
providers ("MMDS"), and Television Broadcast Stations
("TVBS") shall not require a permit and shall be exempted from
these requlations but shall be subiect to removal if they are
located as to create a hazard or safety issue.
(b)
Screening: The satellite dish shall be effectively screened from off-
premises view and from visibility from public right-of-ways to the
greatest extent practicable, except that such screening shall not be
required in locations surrounding the satellite dish where and only to
the extent it is proved that such screening interferes with reception.
The visibility of the satellite dish shall be mitigated as much as
possible by screening. The structure shall be screened by the use of
landscaping or by a nonliving barrier such as a wall or fence, or by
some combination of the above. Walls or fences used for screening
may not exceed six feet in height unless they are erected in
compliance with the building setbacks. Trees and shrubs used in
screening shall be of a species capable of obtaining such height,
spread, and density of canopy at maturity so as to effectively screen
the satellite dish from off-premises view. Landscaping to be used as
screening shall be planted at the time of construction or placement of
the satellite dish and the landscaping shall be at least equal to four
feet at the time of planting. Landscaping shall be maintained by the
property owner or the persons or groups in control of the property in a
manner which will encourage maximum screening without interference
with the maintenance or operation of the satellite dish.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
2 ORD. NO. 34-04
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
3 ORD. NO. 34-04
£1TY I)F DELAAY BER£H
CITY ATTORNEY'S OFFICE
: CITY MANAGE~
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755
DELRAY BEACH
TO:
FROM:
SUBJECT:
Writer's Direct Line: 561/243-7090
MEMORANDUM
May 3, 2004
David T. Harden, City Manager
Larry Schroeder, Chief of Police
Major McCollum, Delray Beach Police Department
Cathy Kozol, Police Legal Advisor
Susan Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Lula Butler, Director of Community Improvement
Terdll Pyburn, Assistant City Attorney ~
Revised Solicitors, Peddlers, Handbills and
Ordinance
Ice Cream Trucks
Attached please find a second revised draft of the ordinance referenced above.
Please note that the changes include moving prohibitions regarding handbill
distribution from Section 118.03 to Section 118.02 and moving prohibitions
regarding soliciting and peddling from 118.02 to 118.03 and further clarification of
exemptions under 118.04 to include language regarding exemptions from
obtaining an occupational license.
Please review the attached ordinance and contact me if you have any questions.
Thanks.
TCP:smk
Attachment
ORDINANCE NO. J~l~'-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "BUSINESS
REGULATIONS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER
111, "ADVERTISING", BY REPEALING CHAPTER 111 IN ITS
ENTIRETY AND AMENDING CHAPTER 118, "SOLICITORS AND
PEDDLERS", BY REPEALING CHAPTER 118 IN ITS ENTIRETY
AND ENACTING A NEW CHAPTER 118, "SOLICITORS AND
PEDDLERS", TO PROVIDE AN UPDATED CODE ON
SOLICITORS AND PEDDLERS INCLUDING NEW PROVISIONS
ON THE VENDING OF PRODUCTS FROM MOTOR VEHICLES;
PERMIT REQUIREMENTS FOR JUVENILES ENGAGING IN
SOLICITING AND PEDDLING; AND THE INCLUSION OF THE
DISTRIBUTION OF HANDBILLS IN THE SAME CHAPTER FOR
EASE OF REFERENCE; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to protect its
citizens against criminal activity, including fraud and burglary, minimize the unwelcome
disturbance of citizens and the disruption of privacy and to otherwise preserve the public health,
safety and welfare by regulating, controlling and licensing solicitors and peddlers; and
WHEREAS, other persons often desire to interrupt the quiet enjoyment of one's daily
activities in the City to solicit donations for causes believed to be worthy of support, or to canvas
for support for particular religious, ideological, or political causes, or to peddle products in the
streets for reasons of prompting commerce; and
WHEREAS, an important part of the freedom enjoyed by all citizens and residents of the
United States is the right to speak freely, to express ideas that may be unpopular, and to engage
others in debate without government interference; and
WHEREAS, the Supreme Court of the United States has consistently recognized the right
and obligation of local governments to protect their citizens from fraud and harassment,
particularly when solicitation of money is involved; and
WHEREAS, it is the responsibility of all units of government to balance these competing
interests in a manner consistent with the Constitution of the United States and of Florida, while
attempting to minimize fraud, prevent crime, and protect the privacy of our citizens; and
WHEREAS, with respect to licensing and other regulatory issues, the City Commission of
the City of Delray Beach, Florida, has considered judicial opinions regarding peddling, soliciting
and the distribution of handbills in conjunction with the First Amendment, which include but are
not limited to the following:
1. Larsen v. Valente, 456 U.S. 228 (1982).
Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789,
805 (1984).
3. United States v. O'Brien, 391 U.S. 367, 377 (1968).
4. Martin v. Struthers, 319 U.S. 141 (1943).
Heffron v. International Society for Krishna Consciousness, Inc., 452 U.S. 640,
647-48 (1981).
City of Watseka v. Illinois Public Action Council, 796 F.2d 1547, 1552 (7th Cir.
1986), aff'd., 479 U.S. 1048 (1987).
Colln.qswood v. Rin.q.qold, 331 A.2d 262 (N.J. 1975), cert. denied, 426 U.S. 901
(1976).
Central Hudson Gas & Electric Corp. v. Public Service Comm'n., 447 U.S. 557
(1980).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Title IX, "Business Regulations", Chapter 118, "Solicitors and Peddlers"
of the Code of Ordinances of the City of Delray Beach, Florida, be repealed and a new Chapter
118, "Solicitors and Peddlers and Distribution of Handbills" is hereby enacted as follows:
Section 118.01 Definitions.
The followin.q words, terms1 and phrases and their derivations, when used in this
ordinance, shall have the meanin.qs ascribed to them in this section except where the
context clearly indicates a different meanin.q.
(a) Canvasser is a person who attempts to make personal contact with another
person without prior specific invitation or appointment from the person, for the primary
purpose of (1) attempting to enlist support for or against a particular religion, philosophy,
2 ORD. NO.
ideoloqy, political partY1 issue or candidate even if incidental to such purpose the
canvasser accepts the donation of money for or against such cause, or distributing a
handbill or flyer advertising a non-commercial event or service.
(b) Handbill Distribution means the distribution of any commercial or
noncommercial written material of any kind, including, but not limited to, a newspaper,
papers, sample or device, circular, leaflet, pamphlet, or booklet which may or may not
contain commercial or non-commercial advertising or information and which may be sold
or delivered without cost to the recipient and not distributed throuqh an authorized news
rack or the U.S. Mail.
(c) Peddler is a person who attempts to make personal contact with another
person without prior specific invitation or appointment from the person, for the primary
purpose of attempting to sell a good or service. A "peddler" does NOT include a person
who distributes handbills or flyers for a commercial purpose, advertising an event, activity,
good or service that is offered to the person for purchase at a location away from or at a
time different from the time of visit. (Such a person is a "solicitor").
(d) Person means a natural person or any firm, corporation, association, club,
society or other organization.
(e) Private Property means any residential, commercial and industrial real
property of any kind which is privately owned or occupied.
(f) Public area means an area to which the public or a substantial group of
persons has access, and includes, but is not limited to, alleys, bridges, buildings,
driveways, parking lots, parks, playgrounds, plazas, public beaches, sidewalks, and streets
open to the general public, and the doorways and entrances to buildinqs and dwellings,
and the grounds enclosing them.
(.q) Solicitor is a person who attempts to make personal contact with another
person without prior specific invitation or appointment from the person, for the primary
purpose of attempting to obtain a donation to a particular patriotic, philanthropic, social
service, welfare, benevolent educational, civil, fraternal, charitable, political or religious
purpose, even if incidental to such purpose there is the sale of some .qood or service.
Section 118.02 Prohibited Acts Regarding Handbill Distribution
(a) It shall be unlawful for any person to place a handbill or to cause a handbill to
be placed on:
3 ORD. NO.
(1) any public area, excluding authorized news racks or in the U.S. Mail, by
any means, including but not limited to, tossing the handbill on the lawn, driveway, or walk
on the premises, or on the sidewalk, driveway apron, swale area, or street in front of the
public area, or by hanging the handbill on any part of a building on the public area or on
the mailbox. Nothing in this section shall be deemed to prohibit the hand to hand delivery
of a handbill to a person willinq to accept it;
(2) any private property by any means, including but not limited to, tossing
the handbill on the lawn, driveway, or walk on the private premises, or on the sidewalk,
driveway apron, swale area, or street in front of the private premises, or by hanging the
handbill on any part of a building on the private premises or on the mailbox, after the
owner or occupant of the private premises has requested that the distribution of the
handbill stop its delivery;
(i) The request not to deliver a handbill must be in writing made
either to the individual delivering the handbill or to the publisher of the handbill. A request
to the individual delivering the handbill shall be deemed to be given to the publisher of the
handbill. The request may be for a specified length of time or may be indefinite. If
indefinite, the request shall remaininq effect until it is rescinded by the owner or occupant
of the private premises;
(ii) A sign posted on a private premise visible from an adioinin.q
public ri,qht-of-way with the words, "No Solicitation" or words of similar meaning shall be
deemed a request not to deliver a handbill;
(3) on any vehicle; or
(4) or attached to any sign, utility pole, transit shelter or other structure
within the public ri.qht-of-way. The police and code enforcement shall be authorized to
remove any handbill or flyer found within the right-of-way and any individuals or groups
found to be responsible for such actions in violation of this section shall be found in
violation of the City's sign code and the City's ordinance on anti-littering laws.
Section 118.03 Prohibited Acts re.qardin.q Solicitin.q & Peddlin.q
(a} It shall be unlawful for any person to solicit or peddle money or other things
of value, or to solicit the sale of goods or services:
(1) without an occupational license;
(2) In any public transportation vehicle, or bus or train station or stop;
4 ORD. NO.
(3) On private property if the owner, tenant1 or lawful occupant has asked
the person not to solicit on the property, or has posted a sign clearly indicating that
solicitations are not welcome on the property.
(4) On a street or right-of-way in such a manner as to obstruct the flow of
pedestrian or motor vehicle traffic.
(b) It shall be unlawful for any person to peddle or vend products, including
personal property, ice cream, or other food products from motor vehicles in the public
streets:
(1) without an occupational license;
(2) in any vehicle not designed and constructed specifically for the
purpose of vending the product or products to be vended;
(3) without a license by the Count,/ Health Department or other state or
local agency having jurisdiction over the use of such vehicles depending upon the nature
of the products sold;
(4) without proof of a valid Florida driver's license and vehicle re,qistration;
(5) without proof of current insurance issued by an insurance company
authorized to do business in the State of Florida. The insurance shall provide coverage for
bodily injury, including accidental death, as well as from claims for property damage. An
occurrence type policy is preferred. The City shall be named as a certificate holder and as
an additional insured on the policy. The policy limits of such insurance shall not be less
than $300,000.00 combined single limit for each occurrence for bodily injury and
$300,000.00 for property damage;
(6) in the Central Business District (CBD) of downtown Delray Beach;
(7) within 1,000 feet of any public or private school between the hours of
7:00 a.m. and 5:00 p.m.;
(8) from any vehicle that plays amplified music or other sounds in
violation of the City's noise ordinance.
Section 118.04 Exemptions from Obtaining an Occupational License.
It shall be unlawful for any person eighteen (18) years of age or older to engage in
peddling or solicitation activities within the City of Delray Beach without first obtaining an
5 ORD. NO.
Occupational License issued by the Chief Building Official or his/her designee; provided,
however, that the following are exempted from the provisions of this Section:
(a) The following are exemptions from prohibited acts under Section 118.03:
(1) Any solicitation made upon premises owned or occupied by an
organization upon whose behalf the solicitation is made;
(2) Any communication by an organization soliciting contributions solely
from persons who are members of the organization at the time of such solicitation;
(3) Any solicitation in the form of a collection at a regular meeting,
assembly or service of a charitable person; or
(4) Any solicitation for the relief of any individual specified by name at the
time of the solicitation where the solicitor represents in each case that the entire amount
collected shall be turned over to the named beneficiary; or
(5) Authorized solicitors and peddlers that are participating in City-
sponsored or co-sponsored special events and parades; or
(6) Any solicitation on private commercial property for charitable purposes
so long as the private commercial property owner has given prior consent to the use of
his/her property for purposes of soliciting patrons thereof.
(7) Authorized news racks and U.S. Mail.
Section 118.05 Permit for Sponsoring Juvenile Peddlers.
(a) No person under the age of eighteen (18) shall be permitted to engage in
soliciting or peddling except as provided in this Section.
(b) An Occupational License shall be obtained by a sponsoring person, company
or organization for the conduct of any peddlinq or solicitation activities involvinq, in whole
or in part, a sales force of one (1) or more persons under eighteen (18) years of aqe.
(c) The sponsor shall be responsible for supervising and controlling the conduct
of all persons, including iuveniles, peddling under the sponsor's license.
(d) The sponsor shall provide to each individual in its sales force a badge or
other easily readable form of identification which identifies the names of the sponsor and
the name of the individual. The sponsor shall require all individuals in its sales force to
6 ORD. NO.
wear such identification so that it is clearly visible at all times when the individuals are
peddling or soliciting.
(e) The sponsor shall comply with the requirements of State of Florida Youth
Employment Act, Chapter 450.
Section 118.06 Permit Application.
Every person subiect to the provisions of this Ordinance shall file with the Chief
Building Official or his/her designee an application for Occupational License in writing on a
form to be furnished by the Buildin.q Department except for handbill distributors and/or
canvassers who are exempted from this section.
Section 118.07 Fees.
At the time the application for Occupational License is filed with the Chief Building
Official or his/her designee, the applicant shall pay a fee to cover the cost to the City of
processinq the application and investigating the facts stated therein. The occupational
license fee is set forth in Section 110.15 of this Code and shall be paid in addition to the
back.qround check fee as required by the Florida Department of Law Enforcement (FDLE).
Section 118.08 Application Review and Permit Issuance.
(a) Upon receipt of an application for Occupational License, the Chief Building
Official or his/her designee, or authorized representative, shall review the application as
deemed necessary to ensure the protection of the public health, safety and .qeneral
welfare.
(b) If the Chief Building official or his Designee finds the application to be
satisfactory, he/she shall endorse his/her approval on the application and shall, upon
payment of the prescribed fee, deliver the required license to the applicant.
(c) The Occupational License shall show the name and address of the licensee,
the class of license issued, the kind of goods or services to be sold or delivered, the date
of issuance, and the length of time that the license shall be in effect. The license shall also
show the license number and identifying description of any vehicle to be used in carrying
on the business for which the license is issued.
(d) A record of all licenses issued shall be maintained by the Building
Department for a period of two (2) years.
7 ORD. NO.
Section 118.09 Denial of Permit.
(a) Upon the Chief Building Official or his/her Desi.qnee's review of the
application for Occupational License, he/she may refuse to issue a license to the applicant
under this Ordinance for any of the following reasons:
(1) The location and time of solicitation or peddling would endanqer the
safety and welfare of the solicitors, peddlers or their customers;
(2) An investigation reveals that the applicant falsified information on the
application.
(3) The applicant has been convicted of a felony, misdemeanor or
ordinance violation involving a sex offense, trafficking in controlled substances, or any
violent acts against persons or property, such conviction being entered within the five (5)
years preceding the date of application;
(4) The applicant is a person against whom a iud.qment based upon, or
conviction for fraud, deceit, misrepresentation, theft, or crimes involving dishonesty has
been entered within the five (5) years immediately preceding the date of application;
(5) There is no proof as to the authority of the applicant to serve as an
agent to the principal; or
(6) The applicant has been denied a license under this Ordinance within
the immediate past year, unless the applicant can and does show to the satisfaction of the
Building Official that the reasons for such earlier denial no longer exist.
(b) The Building Official's disapproval and the reasons for disapproval shall be
noted on the application, and the applicant shall be notified that his application is
disapproved and that no Occupational License will be issued. Notice shall be mailed to the
applicant at the address shown on the application form, or at the applicant's last known
address.
Section 118.10 Permit Expiration.
All Occupational Licenses issued under the provisions of this Ordinance shall expire
one (1) year from the date of issuance, unless an earlier expiration date is noted on the
license.
8 ORD. NO.
Section 118.11 Permit Exhibition.
Every person required to obtain an Occupational License permit under the
provisions of this Ordinance shall exhibit the license when requested to do so by any
prospective customer, code enforcement officer or Police Department employee.
Section 118.12 Transfer Prohibited.
It shall be unlawful for any person other than the licensee to use or wear any license
or badge issued under the provisions of this Ordinance, except that Juvenile Peddlers may
use the Occupational License of a sponsoring person in accordance with Section 118.04 of
this Code.
Section 118.13 Hours of Solicitation.
No person, while conducting the activities of a peddler or solicitor, whether licensed
or unlicensed, shall enter upon any private property, knock on doors, vend products from
motor vehicles or otherwise disturb the citizens of the City of Delray Beach between the
hours of 7:00 p.m. and 8:00 a.m., September through May or between the hours of 8:00
p.m. and 8:00 a.m., June through August.
Section 118.14 Permit Revocation.
Any Occupational License issued under this Ordinance may be revoked or
suspended by the Chief Building Official or his/her designee, after notice and hearing, for
any of the following reasons:
(a) Fraud, misrepresentation or false statement contained in the application for
Occupational License;
(b) Fraud, misrepresentation or false statement made by the licensee in the
course of conductinq solicitation or peddling activities;
(c) Conducting peddling or solicitation activities contrary to the provisions
contained in the application for Occupational License;
(d) Conviction for any crime involving dishonesty or moral turpitude; or
(e) Conducting peddling or solicitation activities in such a manner as to create a
public nuisance, constitute a breach of the peace or endanger the health, safety or general
welfare of the public.
9 ORD. NO.
Section 118.15 Notice and Hearing.
Notice of a hearing for revocation of an Occupational License issued under this
Ordinance shall be provided in writing and shall set forth specifically the grounds for the
proposed revocation and the time and place of the hearin.q. Notice shall be mailed,
postage prepaid, to the licensee at the address shown on the license application or at the
last known address of the licensee.
Section 118.16 Appeals.
(a) Any person aggrieved by the action or decision of the Chief Building Official
or his/her designee to deny, suspend or revoke an Occupational License applied for under
the provisions of this Ordinance shall have the right to appeal such action or decision to
the City Manager within fifteen (15) days after the notice of the action or decision has been
mailed to the person's address as shown on the Occupational License application form, or
to his last known address.
(b) An appeal shall be taken by filin.q with the Building Official/Designee a written
statement setting forth the grounds for the appeal.
(c) The Chief Buildinq Official shall transmit the written statement to the City
Manaqer within ten (10) days of its receipt and the City Manager shall set a time and place
for a hearing on the appeal.
(d) A hearinq shall be set not later than twenty (20) days from the date of receipt
of the appellant's written statement.
(e) Notice of the time and place of the hearing shall be given to the appellant in
the same manner as provided for the mailing of notice of action or decision.
(f) The decision of the City Manager on the appeal shall be final and binding on
all parties concerned.
Section 118.17 Violations and Penalty.
(a) Violation of any of the provisions of this Ordinance shall be punishable as set
forth in Section 10.99 of this Code.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
lO ORD. NO.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
11 ORD. NO.