08-17-04 Agenda Reg City of Delray Beach
Regular Commission Meeting
[
RULF~ FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The publ/c is encouraged to offer comments with thc
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. Gene~]ly, remarks
by an individual will be limited to three minutes or leas. The Mayor or
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings ?:00 p.m. Ao Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers section.
Delray Beach City Hall
Bo Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
cit~.ens may speak on any official agenda item under these sections.
:2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you arc 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 thc Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by thc City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 ~ 1st Avenue
Del~ay Beach, Florida 33444 The City will furnish auxi~iaxy aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243-
Fax: (561) 243-3774 7127, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
1. ROLL C_~T J..
2. INVOCATION.
3. PLEDGE OF AT.T.EGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
· August 3, 2004 - Reg, d~r Meeting
· August 10, 2004 - Special Meeting
6. PROCLAMATIONS:
A. Prostate Cancer Awareness Month - September 2004
B. Sickle Cell Awareness Month - September 2004
7. PRESENTATIONS:
A. Crisis Intervention Team Officer of the Year, Officer Thomas Matava - Jeff Leston,
South County Mental Health Center
B. Government Finance Officers Association - Distinguished Budget Presentation Award
C. "Spotlight on Education" - Kathy Weigel, Principal of Atlantic High School
D. Children's Case Management Organization (CCMO) Agency Presentation
8. CONSENT AGENDA: City Manager Recommends Approval.
A. GRANTING OF UTILITY EASEMENT DEEDS/LONE PINE
SUBDIVISION: Approve seven (7) of the twenty six (26) utility easements required
for the Lone Pine Road Water Main Project.
B. DELAIRE COUNTRY CLUB PROPERTY OWNERS' ASSOCIATION
TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between
the City and Delaize Country Club Property Owners' Association allowing the Delray
Beach Police Department to enforce local and state traffic laws on its property.
C. CHANGE ORDER NO. 1/FINAL PAYMENT/CUSTOM BUILT MARINE
CONSTRUCTION. INC.: Approve Change Order No. 1 in the amount of
$1,172.99 and final payment in the mount of $15,251.20 to Custom Build Marine
Construction, Inc. for completion of the S.E. 3~ Street and N.E. 42 Street Seawall Parks
and Veteran's Park Dock Replacements Projects. Funding is available from 001-4126-
572-46.90 (Parks & Recreation/Veteran's Park/Other Repair/Maintenance Costs).
08-17-2004
D. THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER. INC.:
Approve a request from The Friends of Sandoway House Nature Center, Inc. to grant a
temporary use permit per LDR Section 2.4.6(Yi) for the use of the southern portion of
the Sandoway Parking Lot from 8:00 a.m. on November 5, 2004 through noon on
November 8, 2004, and use of the balance of the Sandoway Lot and the Ingraham
Parking Lot for valet parking from 3:00 p.m. until midmght on November 6, 2004, use
of the park restrooms, City generator, and staff assistance for security, barricading, clean
up, and restroom services to accommodate their annual fund-raiser; contingent on the
sponsor providing liability insurance and a hold harmless agreement.
E. OUIET TITLE/COUNTY PARCELS: Grant authorization to Quiet Title on three
0) of the six (6) parcels acquired from Palm Beach County.
F. CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an agreement
between the City of Dekay Beach and Chris Evert Charities, Inc. for the Chris Evert
Pro-Celebrity Tennis Classic to be held at the Tennis Center on December 2-5, 2004.
G. CONSENT TO RELEASE COVENANT: Approve consent to release covenant on
the Mariposa Development, located at 48 S.E. 1s~ Avenue.
H. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $21,000.00 for new
construction on N.W. 8th Avenue. This brings the number to 160 homeowners assisted
under the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home
Owner Subsidy).
I. RI~VIEW OF APPEAJ_~BLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 2, 2004 through August 13, 2004.
J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to C&.D Construction, Inc. in the amount of $93,218.42 for the
City Marina Dock and Pier Replacement Project. Funding is available from
426-4311-575-63.90 (City Marina Fund/Repair/Maintenance/Other
Improvements).
2. Purchase award to Chemical Lime Company at an es~nated annual cost of
$533,000.00 via the City of Boynton Beach Co-op Bid #069-2821-04/JA for
bulk quicklime for the City of Delray Beach. Funding is available from 441-
5122-536-52.21 (Water/Sewer Fund/Treatment/Storage Division/Chemicals).
9. REGULAR AGENDA:
A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an
appeal of the Historic Preservation Board's action regarding the proposed Rooftop
Lighting Program. (Quasi-JudicialI-Iead~g)
B. FUNDING REOUEST/ROOTS CULTURAL FESTIVAL. INC.: Consider a
request from Ms. Elizabeth Wesley to provide funding assistance to the 27th Annual
Roots Cultural Festival, Inc. for their event which was held August 6-8, 2004. Funding
is available from 001-6311-572-83.01 (General Fund/Other Grants/Aid).
C. SPI~(~IAL EVENT REOUEST/HAITIAN CULTURAL FESTIVAL: Consider a
special event request to allow the 2~ Annual Haitian Cultural Festival sponsored by the
Haitian American Cultural and Historical Foundation, Inc., to be held on October 3,
2004 from 5:00 p.m. until 11:00 p.m. on the grounds of Old School Square, including a
temporary use permit per LDR Section 2.3.6(3t) for the use of a portion of N.E. 1't
Avenue north of the grounds of Old School Square, staff assistance for traffic
control/security, trash removal/clean up, event signage, EMS assistance, and barricade
set up with event signage to be installed no earlier than September 24, 2004; contingent
on the sponsor prodding a hold harmless agreement, certificate of insurance, and
payment of City costs per event policies/procedures.
D. CONTRACT AWARD/ALMAZAN BROTHERS. INC.: Consider approval of a
contract award to second lo:vest bidder, Almazan Brothers, Inc., in the amount of
$298,409.00 for the West Atlantic Avenue and N.W. 24~ Avenue Intersection
Construction Project. Funding is available from 334-3162-541-53.90 (General
Construction Fund/Public Works/Other Road Materials).
E. INTtgRLOCAL AGREEMENT/BOCA RATON/TRAINING FACILITY:
Consider approval of an Interlocal agreement between the City and the City of Boca
Raton in the amount of $500,000.00 for the construction of a fire and police training
facility to be used by both munidpalities.
F. MICROSOFT ENTERPRISE LICENSE AGREEMENT WITH SOFTWARE
HOUSE INTERNATIONAL (SHI): Consider approval of the Microsoft
Enterprise License Agreement and a payment in the amount of $168,721.79 to Software
House International (SH1). Funding is available from 334-6112-519-66.10 (General
Construction Fund/Software).
G. PUBLIC COMMENTS/FY 2005 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regarding the FY 2005 Proposed Budget at this time.
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 44-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Ordinance No. 14-04, by enacting a new
Subsection 4.6.70g)0)(e), "Ground Signs", to allow the placement of certain Ground
Signs in certain locations.
08-17-2004
B. ORDINANCE NO. 43-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.4.9(B)(5), "General Commercial Zoning District", to provide that commercial uses are
allowed in mixed-use developments in the General Commercial (GC) Zoning District if
commer(ml uses are provided on the ground floor and occupy no less than 25% of the
st~ctt~e.
C. ORDINANCE NO. 40-04: An ordinance providing for a referendum to be held on
November 2, 2004, on the question of whether the majority of the qualified voters of
the City voting in the referendum special decfion give their consent and permission for
the release of any deed restrictions and for the transfer and sale of the North 48 feet of
Lot 15, Block 101 (Library), located behind the current library site at 29 S.E. 4e~ Avenue
and fronting on S.E. 5e~ Avenue.
1. RESOLUTION NO. 50-04: A resolution culling for a special election to be
held on November 2, 2004, to provide for a referendum on the question
presented in Ordinance No. 40-04 regarding the release of deed restrictions and
allowing for the transfer of the North 48 feet of Lot 15, Block 101.
D. ORDINANCE NO. 41-04: An ordinance providing for a referendum to be held on
November 2, 2004, on the question of whether the majority of the qualified voters of
the City voting in the referendum special election give their consent and permission for
the release of any deed restrictions and for the transfer and sale of part of Block 52
Cl'ennis Center), located on the northwest comer of N.W. 1st Avenue and Atlantic
Avenue.
1. RESOLUTION NO. 51-04: A resolution calling for a special election to be
held on November 2, 2004, to provide for a referendum on the question
presented in Ordinance No. 41-04 regarding the release of deed restrictions and
allowing for the transfer and sale of part of Block 52.
E. ORDINANCE NO. 46-04: An ordinance amending Chapter 31, "City Officials and
Employees", by amending Section 31.02, "Compensation of Commissioners and
Mayor", to provide for salary increases for the Mayor and City Commissioners to bring
salaries in line with neighboring municipalities.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inqniries.
B. From the Public.
08-17-2004
12. FIRST READINGS:
A. ORDINANCE NO. 52-04: An ordinance amending Chapter 33, "Police and Fire
Departments", Section 33.62, "Benefit Amounts and Eligibility", providing an enhanced
multiplier benefit option for eligible Deferred Retirement Option Plan (DROP)
participants and other retirees. If passed, a public heating will be scheduled for
September 7, 2004.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGUST t3, 2004
08-17-2004
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
REGULAR MEETING - TUESDAY~ AUGUST 17~ 2004
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS:
8. CONSENT AGENDA
CITRIX LICENSE RENEWAL AND PURCHASE: Approve the renewal of forty (40)
Citrix Licenses and the purchase of seventy (70) additional Ci~x Licenses from Syntax,
Inc. in the amount of $23,$40.06 to allow the MIS Department to install and update
software from a centralized point. Funding is available from 334-6112-519-66.10
(General Construction Fund/Soilware).
9. REGULAR AGENDA
H. BEXLEY PARK: Status of outstanding matter regarding Bexley Park.
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.
AUGUST 3~ 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, August 3, 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
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Ten-ill Pybum, Assistant City Attorney
Chevelle D. Nubin, Acting City Clerk
2. The opening prayer was delivered by Reverend Nancy Norman with Unity
of Delray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Staff requested Item 8.J.l., Contract award to PGAL/EHopoulos be
removed from the Consent Agenda and placed on the Special/Workshop meeting of
August 10, 2004.
In addition, staff requested Item 9.J., 2004-2005 Florida Department of
Children and Families Block Grant for Prevention and Treatment of Substance
Abuse Funding Agreement/Community Child Care Center be removed from the
Regular Agenda because Exhibit "A" was not included with the backup material. This
item will be discussed at the Special/Workshop meeting of August 10, 2004.
Mr. Costin moved to approve the Agenda as amended, 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.
5_. APPROVAL OF MINUTES:
Mr. Costin moved to approve the Minutes of the Regular Meeting of July
20, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Lcvinson - 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 Division Chief Rob Moreland - Palm
Beach Coun,ty Chapter of the Emergency Medical Services (EMS) Provider's
Association Lifetime Achievement Award
Mayor Perlman read and presented a proclamation recognizing and
commending Division Chief Robert Moreland for being awarded the Palm Beach
County "Lifetime Achievement" Award and for his continued commitment and service to
our community, Palm Beach County, and the State of Florida through public education
efforts, service design enhancement, professional development, and patient advocacy.
Robert Moreland came forward to accept the proclamation.
6.B. Recognizing and commending Paramedic Jeff Harkcom - Palm Beach
County Chapter of the Emergency Medical Services (EMS) Provider's Association
Paramedic of the Year for 2004
Mayor Perlman read and presented a proclamation recognizing and
commending Jeff Harkcom - Palm Beach County "Paramedic of the Year" for 2004
for his prompt and efficient response to a serious life threatening incident which clearly
resulted in a life saved and for his dedication and service to the community of Delray
Beach and the Fire-Rescue Department. Jeff Harkcom came forward to accept the
proclamation.
6.C. Recognizing and commending Oleg Rudenko
Mayor Perlman read and presented a proclamation recognizing and
commending Oleg Rudenko on his outstanding achievements in mathematics and for
bringing honor and distinction to Atlantic High School and the City of Dclray Beach
through his efforts.
6.D. Recognizing Betty Jameson Day
Mayor Perlman read and presented a proclamation recognizing and
commending Betty Jameson for her many golf accomplishments and gifts to the Delray
Beach Golf Club. Betty Jameson came forward to accept the proclamation.
- 2 -
08/03/04
6.E. City of Delray Beach Fire Fighter Appreciation Week - August 29 -
September 4~ 2004
Mayor Perlman read and presented a proclamation hereby proclaiming the
week of August 29, 2004 through September 4, 2004 as City of Delray Beach Fire
Fighter Appreciation Week in Delray Beach, Florida and commend the City of Delray
Beach Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association.
Mike McCleary and Jim Tabeek came forward to accept the proclamation.
7. PRESENTATIONS:
7.A. American Legion Milton Myers~ Post 65 - Scott Schle¥
Scott Schley, Commander with the American Legion Milton Myers Post
65, distributed a flyer regarding the Four Man Scramble Golf Tournament being held on
Saturday, August 7, 2004. Mr. Schley stated the proceeds will benefit children and will
go to the toy drive for the Police Department and Fire-Rescue Department. He presented
a check to Chief Koen in the amount of $500.00. Chief Koen came forward to accept the
check and thanked Mr. Schley for the donation.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the actions of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarter Annual Meeting of July 15, 2004.
8.B. FINAL BOUNDARY PLAT APPROVAL/BELLA VISTA PLAT:
Approve the boundary plat for Bella Vista, located on the west side of Gleason Street,
south of East Atlantic Avenue.
8.C. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND ACCESS
AGREEMENT/329 PINEAPPLE GROVE WAY: Approve and accept a right-of-way
deed and access agreement associated with 329 Pineapple Grove Way, located on the east
side of Pineapple Grove Way (N.E. 2nd Avenue) between N.E. 3r°Street and N.E. 4th
Street, within the Pineapple Grove Main Street Area.
8.D. DISASTER RECOVERY CONTRACTS: Approve contracts between
the City and Phillips and Jordan, Inc.; DRC, Inc.; and D&J Enterprises, Inc. for disaster
recovery services.
8.E. CODE ENFORCEMENT BOARD RULES: Approve revised
General Rules of Procedure for the Code Enforcement Board as adopted by that board on
May 25, 2004.
-3-
08/03/04
8.F. APPRAISAL FOR CITY PARCEL: Approve a request to have an
appraisal performed on a parcel owned by the City, located at the northeast corner of S.E.
4th Street and S.E. 1st Avenue, for the potential sale of the parcel.
8.G. AMENDMENT/COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) SUB-RECIPIENT FUNDING AGREEMENT/COMMUNITY CHILD
CARE CENTER: Approve an amendment to the Community Development Block
Grant (CDBG) Subrecipient agreement between the City and the Community Child Care
Center to increase the 2003-2004 CDBG funding amount from $22,000.00 to $30,000.00
to implement substance abuse prevention services. Funding is available from 118-1966-
554-83.01 (Community Development/Other Grants and Aids).
8.H. AGREEMENT/D.R. HORTON~ INC./BEXLEY PARK: Approve an
agreement between the City and D.R. Horton, Inc. for additional infrastructure requested
by the City associated with the Bexley Park Project.
8.I~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period July 19, 2004 through July 30, 2004.
8.J~ AWARD OF BIDS AND CONTRACTS:
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
2. Purchase award to Pierce Manufacturing/Ten-8 Fire Equipment,
Inc. in the amount of $447,875.00 via the Lake County Bid #99-
150 for a Pierce Manufacturing, Inc. pumper-ladder fire
suppression unit with a 61 foot "Sky Boom" rescue ladder/water
tower assembly. Funding is available from 501-3312-591-64.20
(Central Garage Fund/Automotive).
3. Purchase award to Pro-Am Safety, Inc. in the amount of
$27,490.95 for the purchase of twenty-five (25) integrated Personal
Alert Safety System (PASS) for the Scott Aviation Self-Contained
Breathing Apparatus (SCBA) used by the Fire Department.
Funding is available from 334-6112-519-64.90 (General
Construction Fund/Other Machinery/Equipment).
4. Contract award to BSA Corporation in the amount of
$7,096,278.00 and Change Order No. 1 in the amount of
$43,946.00 for a total cost of $7,140,224.00 for the construction of
the new Delray Beach Public Library. Funding is available from
334-3552-571-62.10 (General Construction Fund/Buildings).
Mr. Levinson moved to approve the Consent Agenda as amended,
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 -
-4-
08/03/04
Yes. Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/LINDELL SQUARE: Consider a
request for conditional use approval to allow for a proposed mixed-use development
containing 114 residential units (15.99 dwelling units per acre) and 23,000 square feet of
commercial floor area for Lindell Square, located at the northwest corner of Federal
Highway and Lindell Boulevard. (Quasi-JudicialHearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
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. Levinson stated he spoke with Mr. Weiner and Mr. Chip
Falkanger. Mr. Costin stated he spoke with Mr. Weiner. Mrs. Archer stated she spoke
with Mr. Weiner. Ms. McCarthy and Mayor Perlman had no ex parte communications to
disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-205 into the record.
Mr. Dorling stated this site is located at the northwest corner of Federal
Highway and Lindell Boulevard. The property currently contains seven single-family
residences that were constructed between 1950 and 1960; a 5,318 square foot auto repair
facility (Certified Auto Repair) that was constructed in 1963; and, a mobile home park
that was established in 1955 and an associated 1,224 square foot office. The property
contains 7.13 acres. A conditional use application has been submitted to establish a
mixed use development consisting of 114 multiple family dwelling units (15.99 dwelling
units per acre) and 23,000 square feet of commercial floor area and will involve the
aggregation of several properties.
At its meeting of July 19, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the request and one member from the public spoke.
The Board expressed concern regarding the drab color scheme of the proposed
development. After discussing the proposal, the Board voted 5-1 (Borchardt dissenting,
Peltzie absent) to recommend approval of the mixed use development with a residential
density of 15.99 dwelling units per acre based on positive findings with respect to
Chapter 3 (Performance Standards), LDR Sections 2.4.5(E)(5) (Conditional Use
Findings) and 4.4.6(I), Lindell/Federal Redevelopment Plan and the policies of the
Comprehensive Plan, subject to the nine (9) conditions outlined on pages 19 & 20 of the
Planning and Zoning staff report.
-5-
08/03/04
Michael Weiner, Attomey with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach, representing the Applicant (The Kahilt Corporation) stated this is
a mobile home park with some automotive repair and is within the redevelopment area.
Mr. Weiner stated there are four major categories they have met: (1) Chapter 3
requirements, (2) LDR Section 4.4.6(I) Performance Standards, (3) redevelopment
criteria in the Comprehensive Plan, and (4) LDR Section 2.4.5(E).
Jiro Yates, Architect for the project, gave a brief slide presentation of the
project.
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.
Alice Finst, 707 Place Tavant, Delray Beach, complimented Mr. Weiner
and his architect for providing low to moderate income housing with their 700 square
foot unit. She feels this is the start of more projects like this which will accommodate
people in the lower income bracket.
There being no one else fi.om the public who wished to address the
Commission regarding the in-lieu request, the public heating was closed.
Mr. Costin inquired about the color scheme and asked if this has been
resolved. Mr. Dorling stated the architect indicated that these colors were not the exact
colors that were going to be proposed and this satisfied the Planning and Zoning Board.
Mr. Dorling stated the color issue will go before the Site Plan Review and Appearance
Board (SPRAB).
Mr. Levinson stated he had the opportunity to speak with the Tropic Isle
Civic Association President and the Tropic Bay Condominium Association Director and
they are thrilled and very complimentary of the project.
Mr. Costin moved to approve the Conditional Use request for Lindell
Square subject to staff recommendations, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.B. CONDITIONAL USE REQUEST/CITY'WALK AT PINEAPPLE
GROVE: Consider a request for conditional use approval to allow for a building height
up to 57' 5" for a non-habitable roof appurtenance and 50' 2" for the mansard roof
features for Citywalk at Pineapple Grove (a.k.a. Pineapple Grove Building), located at the
northwest comer of Pineapple Grove Way and N.E. 2nd Street. (Quasi-Judicial Hearing)
Mr. Costin declared a conflict of interest and stepped down fi.om the dais.
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
-6-
08/03/04
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Doffing, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-283 into the record.
Mr. Dorling stated at its meeting of November 19, 2003 the Site Plan
Review and Appearance Board approved a Class V modification for a mixed use
development which consisted of 16,601 square feet of commercial floor area and 40
residential units (29.63 dwelling units per acre) in a four-story building on N.W. 2nd
Avenue. The height of the proposed building was approximately 48 ½ feet which
exceeded the maximum height of 48 feet allowed in the CBD (Central Business District).
The site plan was approved with several conditions which include the increase in height
for the mansard roofs from 48 feet to 50 feet 2 inches. A conditional use application has
been submitted for an increase in building height to 57 ½ feet for a non-habitable roof
appurtenance that connects the roof vents for future restaurants to an elevator tower.
At its meeting of April 19, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the request and one person from the public spoke in
opposition to the height increase. After discussing the proposal, the Board unanimously
voted 4-0 (Peltzie absent, Pike and Morris stepped down) to recommend approval of the
height increases for Citywalk at Pineapple Grove based on positive findings with respect
to Chapter 3 (Performance Standards), LDR Sections 2.4.5(E)(5) (Conditional Use
Findings) and 4.3.4(J)(4)(b), the Pineapple Grove Main Street Neighborhood Plan, and
the policies of the Comprehensive Plan.
Gary Eliopoulos, Architect for the project, stated one of the key things in
their approval process is discussion about restaurants. He briefly explained the
architectural design of the project.
Mayor Perlman asked 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 from the public who wished to address the Commission regarding the
Conditional Use request, the public hearing was closed.
Mr. Levinson stated this is a great addition. He stated in terms of
architectural features, it significantly improves the appearance of the building.
Mrs. Archer stated this is an excellent use of architecture.
Mayor Perlman stated this is really to accommodate a restaurant use. He
stated he read something recently by the Mayor of South Carolina who started a design
program for elected officials at Harvard who talks about designing buildings that will be
viable thirty years into the future. Mayor Perlman stated having restaurants in the
Pineapple Grove area brings the street to life and makes this building a viable product not
just for today's market but for the sustainability into the future.
-7-
08/03/04
Mrs. Archer moved to approve the Conditional Use request for Citywalk
at Pineapple Grove subject to staff recommendations, seconded by Ms. McCarthy. 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, Mr. Costin returned to the dais.
At this point, the time being 7:00 p.m., the Commission moved to the
duly advertised Public Hearings portion of the agenda.
10.._~. PUBLIC HEARINGS:
10.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ANNUAL ACTION PLAN (FY 2004 - 2005): Consider approval of the Community
Development Block Grant (CDBG) Annual Action Plan required by the Housing &
Urban Development (HUD) Department of the United States for utilization of grant
funds.
Lula Butler, Director of Community Improvement, stated this item is
before the Commission for a public hearing and approval of the Annual Action Plan
required by the United States Housing & Urban Development Agency (HUD) for
utilization of grant funds. Each year HUD requires all local municipalities and urban
counties to prepare local housing plan documents as a condition of receiving federal
assistance. The City's plan to address these issues must be identified in a one plan
document that identifies these goals for all the community planning and development
programs.
Mrs. Butler stated one of the requirements is a citizen participation process
and noted there was a meeting held at Pompey Park Recreation Center to receive
additional public input. She stated a group of residents from Carver Square attended to
discuss their situation; representatives from the street patrol addressed the issue of gang
activity; and, representation from the Southridge neighborhood discussed issues in their
neighborhood. Mrs. Butler stated this year the annual allocation is proposed at $700,000
a reduction of $14,000 from last year.
Mayor Perlman declared the public hearing open.
A1 Williams, 734 E. Boulevard Chatelaine, Delray Beach, commented
about the community input meeting held last month and noted that the facilitator began
the meeting by stating that the Plan would be presented to the community. However, the
Plan was never presented but instead residents were given an overview of what the
CDBG dollars are about. Mr. Williams stated the community identified some needs that
they would like to see addressed with some of the funding received from the CDBG
Block Grant. He stated the community is not aware of what the Plan consists of and
urged the Commission to not approve the Plan until it has been presented to the
community.
- 8 -
08/03/04
There being no one else who wished to address the Commission regarding
this item, the public hearing was closed.
Mayor Perlman stated this is the first year he was not able to attend the
meeting because of a conflict. He inquired if anything was done differently this year.
Mrs. Butler stated at that time staff had not made a final recommendation on who would
become the sub-recipients. However, staff identified the proposed use of dollars and a
list was provided for the public at Pompey Park and on July 4, 2004 staff published the
Consolidated Action Plan that identified the categories the City proposes to fund for this
year's activities. In addition, Mrs. Butler stated the Annual Action Plan was made
available at the Delray Beach Housing Authority, the Delray Beach Library, and City
Hall for the public.
Mr. Costin moved to approve the Community Development Block Grant
(CDBG) Annual Action Plan for fiscal year 2004-2005, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed
with a 5 to 0 vote.
10.B. ORDINANCE NO. 44-04 (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
August 17, 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. 44-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE 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. 44-04 is on file in the City Clerk's
office.)
-9-
08/03/04
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 Manager stated based on previous discussions with the
Commission staff has modified the ordinance reducing the size to four square feet and the
minimum height to five feet.
Mayor Perlman declared the public heating open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 44-04,
the public heating was closed.
Mr. Costin moved to approve Ordinance No. 44-04 on First Reading/First
Public Heating, seconded by Mrs. Amher. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 35-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.6.9(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix
"A" "Definitions", by enacting a definition for new development, redevelopment, and in-
fill development. If passed, a second public hearing will be scheduled for August 17,
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. 35-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.6.9, "OFF-STREET
PARKING REGULATIONS", SUBSECTION 4.6.9(E),
"LOCATION OF PARKING SPACES" TO PROVIDE
FOR CHANGES IN THE IN-LIEU PARKING FEE,
MAXIMUM NUMBER OF IN-LIEU SPACES THAT
MAY BE PURCHASED, ALTERNATIVES TO
PURCHASING IN-LIEU FEE PARKING SPACES,
AND AMENDING THE IN-LIEU FEE DISTRICT
MAP TO REFLECT THE CREATION OF ANOTHER
AREA; AMENDING APPENDIX "A" BY
ENACTING A DEFINITION FOR "NEW
DEVELOPMENT, REDEVELOPMENT AND IN-FILL
DEVELOPMENT"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
-10-
O8/O3/04
(The official copy of Ordinance No. 35-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman stated the City Manager recommends that the Commission
table the ordinance for the four (4) reasons listed in his memorandum.
Scott Aronson, Parking Management Specialist, stated on June 24, 2003,
the Parking Management Advisory Board (PMAB) directed staff to create more stringent
criteria to the in-lieu of fee program. The Board's concern was centered on the
interpretation of LDR Section 4.6.9(E)(5)(3) by applicants that the purchase of in-lieu
parking spaces is an entitlement and cannot be denied or minimized. The Board
discussed numerous scenarios for criteria which went before the Planning and Zoning
Board at their meeting of April 19, 2004. The Planning and Zoning Board had some
modifications and directed staff to go back to the PMAB to address some of their
concerns. On July 19, 2004, the Planning and Zoning Board approved the modifications
as listed in the Planning and Zoning staff report.
Mayor Perlman declared the public heating open.
Michelle Hoyland, Urban Planner representing Weiner & Aronson, P.A.,
102 N. Swinton Avenue, Delray Beach, stated representatives from this office have
attended most public hearing meetings where this item has been discussed. Mrs. Hoyland
stated they do not agree with limiting the number of in-lieu spaces to three (3) and seven
(7) with regard to the parking requirements. She stated this ordinance is geared toward
restaurants and expressed concern over the upgrades of parking lots. She suggested staff
review this ordinance where it talks about not being able to utilize the in-lieu ordinance if
there is existing parking that is eliminated. Mrs. Hoyland stated there are also other
issues which need to be addressed.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 35-04, the public hearing was closed.
Mr. Levinson moved to postpone Ordinance No. 35-04 on First
Reading/First Public Hearing of Ordinance No. 35-04 to the Commission meeting of
September 7, 2004, 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.
10.D. ORDINANCE NO. 43-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.4.9(B)(5), "General Commercial Zoning District", to provide that commercial uses are
allowed in mixed-use developments in the General Commercial (GC) Zoning District if
-11-
08/03/04
commercial uses are provided on the ground floor and occupy no less than 25% of the
structure. If passed, a second public hearing will be scheduled for August 17, 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. 43-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT", SUBSECTION
4.4.9(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED" TO PROVIDE THAT COMMERCIAL
USES ARE ALLOWED IN MIXED-USE
DEVELOPMENTS IN THE GC ZONING DISTRICT
IF COMMERCIAL USES ARE PROVIDED ON THE
GROUND FLOOR AND OCCUPY NO LESS THAN
25% OF THE STRUCTURE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 43-04 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.
Paul Dorling, Director of Planning and Zoning, stated the current
regulations state that 50% of the gross floor area is devoted to commercial uses. The
current provision of at least 50% of the total floor area is reasonable for a two-story
structure; however, it becomes more impractical for a three or four-story structure to
accommodate such minimum percentages of commercial floor area. The proposed
amendment of LDR Section 4.4.9(B)(5) is to require the ground floor of a mixed-use
building to be devoted to commercial uses and that the ground floor equates to at least
25% of the total building square footage. Square footage devoted to vehicular use (i.e.
parking spaces, travel lanes, etc.) should be excluded fi.om the 25% calculation. The
amended text will also restrict residential uses fi.om occupying the ground level of a
mixed-use structure.
At its meeting of July 8, 2004, the Community Redevelopment Agency
(CRA) recommended approval of the proposed text amendment. At its meeting of July
14, 2004, the Downtown Development Agency (DDA) recommended approval of the
proposed text amendment. At its meeting of July 19, 2004, the Planning and Zoning
-12-
08/03/04
Board recommended approval of the proposed text amendment on a vote of 6-0 (Peltzie
absent).
Ms. McCarthy inquired about staff's recommendation. Mr. Dorling stated
under the current regulations, if there is anything more than a two-story building and it
requires 50% of that building to be commercial, it is forcing the commercial component
to be more than one-story.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 43-04,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 43-04 on First Reading/First
Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 45-04: An ordinance 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 including new
provisions on the vending of products from motor vehicles. 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. 45-04 is as follows:
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 1N 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.
-13-
08/03/04
(The official copy of Ordinance No. 45-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public heating was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman stepped down from the dais and passed the gavel to Vice
Mayor McCarthy.
Terrill Pybum, Assistant City Attorney, stated this ordinance includes new
provisions regarding vending products from motor vehicles to address the concerns of ice
cream tracks. The vendors are prohibited from soliciting between the hours of 7:00 p.m.
and 8:00 a.m. from September through May and an inclusion has been provided for the
distribution of handbills from June through August between the hours of 8:00 p.m. - 8:00
a.m. Staff has also provided some new case law regarding first amendment solicitors,
peddlers, and handbills in addition to criteria for permit denials.
Mr. Costin asked if the ice cream vendors who require a health permit
have to have this before applying for an occupational license. The City Attorney stated
the Health Department would be responsible for enfoming this. Ms. Pybum stated the
City would require that the vendor have a license from the Health Department in
conjunction with the City's occupational license in order to operate on the streets.
Mr. Levinson thanked Mrs. Gholston for bringing this to his attention
because there was an issue with children running to the vendors in the streets particularly
after dark.
Mayor Perlman declared the public hearing open.
Carolyn Gholston, 1438 S.W. 2nd Street, Delray Beach, stated for years
there have been problems with the peddlers, vendors, and tracks and expressed concern
over the safety of the children. She thanked the Commission for this ordinance.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 45-04, the public heating was closed.
Mr. Costin moved to adopt Ordinance No. 45-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Costin - Yes; Mrs. Archer -Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes.
Said motion passed with a 4 to 0 vote.
10.F. ORDINANCE NO. 34-04: An ordinance amending the Land
Development Regulations (LDR) Section 4.3.3(P), "Satellite Dish-Satellite Television
Antenna", to provide updated regulations for Satellite Dishes and Antennas. Prior to
- 14-
08/03/04
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. 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 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.
At this point, Mayor Perlman returned to the dais.
Paul Dorling, Director of Planning and Zoning, stated this is being
processed in order to obtain consistency between the federal regulations and the City's
regulations regarding satellite dishes. Currently, permits are required for all satellite
dishes. 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.
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 approval of the proposed amendment, based upon
positive findings with LDR Section 2.4.5(M).
Mr. Dorling stated at first reading of this ordinance Commissioner
Levinson expressed concern on whether this would have an impact on HD TV satellite
facilities and noted these types of dishes are 18" x 20" and therefore this would not be an
issue.
Mayor Perlman declared the public hearing open. There being no one
fi.om the public who wished to address the Commission regarding Ordinance No. 34-04,
the public heating was closed.
- 15-
08/03/04
Ms. McCarthy moved to adopt Ordinance No. 34-04 on Second and
FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A. City Manager's response to prior public comments and inquiries.
With regard to a prior concern expressed by Mr. Smith about contacting
Palm Beach County to add bicycle lanes on Congress Avenue, the City Manager stated
staff has had conversations with Palm Beach County and will bc drafting a letter to the
appropriate parties about this.
Secondly, the City Manager stated he has additional information regarding
the Post Office. On Friday, August 6, 2004 the Post Office will move to its new location
at 855 N.W. 17th Avenue, Suite C. Postal customers will pick up hold mail and collect
items with delivery notices at the new annex. There will be no retail service at this
annex. The hours of operation are Monday through Friday, 9:00 a.m. - 4:00 p.m. and
10:00 a.m. - 1:00 p.m. on Saturday. Postal retail services will be available at a new
contact postal location in the Pineapple Grove district at 245 N.E. 2nd Avenue. The hours
of operation are Monday-Friday 9:00 a.m. - 6:00 p.m. and 10:00 a.m. - 2:00 p.m. on
Saturday.
11.B. From the Public.
ll.B.1. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, publicly thanked
the Commission for "Walk a Child to School Day" and announced this event will be held
on October 6, 2004. He congratulated the Mayor, the Commission, and staff for
participating with 100% attendance in "Walk a Child to School Day" for the past two
years. In addition, Mr. Smith thanked Representative Anne Gannon, the City Attorney,
and the former City Clerk for also participating. Mr. Smith stated the Safe Kids Coalition
is supporting the activities and will be providing all the t-shirts, banners, federal express
trucks, and the gift bags for the children.
At this point, the time being 7:30 p.m., the Commission moved to Item
9.C. of the Regular Agenda.
9.C. CONDITIONAL USE REQUEST/JESSICA LINEHAN: Consider a
request for conditional use approval to allow utilization of the business and the residential
unit to parties that are not thc owner, proprietor, or employee of the business, for the
Jcssica Linehan property, a proposed mixed-use (residential/office) development, located
on the east side of N.W. 1st Avenue, approximately 193 feet north of N.W. 1st Street.
(Quasi-Judicial Hearing)
- 16-
08/03/04
Vice Mayor McCarthy declared a conflict of interest and stepped down
from the dais.
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.
Paul Doffing, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-289 into the record.
Mr. Dorling stated at its meeting of March 3, 2004, the Historic
Preservation Board approved a Class V Site Plan, Landscape Plan, and Design Elements
for the construction of a 3,583 square foot two-story mixed-use building (office and
residential) that includes an 1,800 square foot office space on the first floor and 1,783
square foot of residential space (two bedrooms) on the second floor with a sun
deck/canopy at the south side of the parking area. Pursuant to LDR Section 4.4.24(C)(2),
a conditional use can be granted which allows utilization of the business and the
residential unit by parties that are not the owner, proprietor, or employee of the business.
As the applicant has chosen not to reside within the residential unit, a conditional use
request has been submitted.
At its meeting of July 19, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the Conditional Use request. After discussion, the
Board voted 5-1 (Borchardt dissenting) in favor of the Conditional Use request to allow
the owner of the property to live off premises and to allow utilization of the business,
based upon positive findings with respect to Section 4.4.24(C)(2); Chapter 3
(Performance Standards), Section 2.4.5(E)(5) (Conditional Use findings) of the Land
Development Regulations, the Goals, Objectives, and Policies of the Comprehensive
Plan.
Michelle Hoyland, Urban Planner representing Weiner & Aronson, P.A.,
102 N. Swinton Avenue, Delray Beach, speaking on behalf of Jessica Linehan (owner),
concurs with the Planning and Zoning staff report with the exception that Ms. Linehan is
undecided as to whether or not she will live on the property and she would like the option
to rent or sell the property to someone else and the option to rent or sell the business on
the first floor. Mrs. Hoyland urged the Commission to approve the request.
Mayor Perlman stated if anyone from the public would like to address the
Comrnission regarding the Conditional Use request, to come forward at this time. There
being no one from the public who wished to address the Commission regarding the
Conditional Use request, the public hearing was closed.
Mr. Costin asked if this would apply to other properties as well. Mr.
Dorling stated this is a conditional use specific to this property only.
-17-
08/03/04
Mr. Costin moved to approve the Conditional Use request for the Jessica
Linehan property subject to the staff's recommendations, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:38 p.m., the Commission moved to Item
9.L. of the Regular Agenda.
9.L. REVISED MEMORANDUM OF AGREEMENT/CHILDREN'S
SERVICES COUNCIL (CSC) AND REVISED SUBCONTRACT/CHILDREN
CASE MANAGEMENT ORGANIZATION: Consider approval of a Revised
Memorandum of Agreement between the City of Delray Beach and Children's Services
Council (CSC) and a Revised Subcontract between the City and the Children Case
Management Organization (CCMO) in the revised amount not to exceed $165,000.00 in
support of the Beacon Center Services at Village Academy Elementary School and
Subcontracts between the City and the Commanity Child Care Center.
Lula Butler, Director of Community Improvement, stated this is a revision
to an item the City Commission approved at their meeting of July 20, 2004. At that time,
staff submitted three contracts for the period covering August 1, 2004 through September
30, 2005. The agenda item also included the subcontract between the City and CCMO
for the same time period. The subcontract agreement with the Child Care Center
addressed the period of August 1, 2004 through September 30, 2004. The changes in
both agreements revised the period of the agreement to cover the period of August 1,
2004 to September 30, 2004 and change the maximum grant amount from $931,676 to
$165,000 consistent with the award for the two-month period. There are no other
changes to the agreements. Mrs. Butler stated the annual agreement will come back to
the Commission.
Nancy Hurd, Executive Director of the Community Child Care Center,
stated it is a privilege to be a parmer with the City of Dekay Beach and introduced the
staff members of the Community Child Care Center and Beacon Center at Village
Academy Elementary School.
Mr. Costin moved to approve the revised Memorandum of Agreement
between the City and CSC and the City and CCMO, seconded by Mrs. Archer. 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 time being 7:50 p.m. the Commission moved to Item
9.D. of the Regular Agenda.
9.D. WAIVER REQUEST/DELRAY PARK OF COMMERCE: Consider
a waiver request to waive Land Development Regulations (LDR) Section 4.4.18(B)(4),
"Service Industry", for Lot 3, Tract "K", Delray Park of Commerce, pursuant to LDR
Section 2.4.7(B)(5), "Findings", to allow the floor area for a light industrial use in the
Service Industry land use component to exceed the 5,000 square foot limitation. (Quasi-
-18-
08/03/04
Judicial Hearing)
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.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-307 into the record.
Mr. Dorling stated at its meeting of September 13, 2002, the Site Plan
Review and Appearance Board (SPRAB) approved a Class V site plan, landscape plan
and architectural elevations for a 22,500 square foot multi-bay service industry building
on Lot 3 of Tract K of Delray Park of Commerce. The property owner has a potential
tenant (furniture wholesaler) to occupy four bays located at the north end of the building
which will contain approximately 5,408 square feet. Pursuant to LDR Section
4.4.18(B)(4) (Service Industry), assembly, fabrication, wholesale, and storage is
permitted when such use is limited to no more than 5,000 square feet per tenant. The
applicant has submitted a waiver request and a master plan modification.
At its meeting of July 19, 2004, the Planning and Zoning Board held a
public heating regarding the master development plan modification associated with the
waiver request. After discussing the proposal, the Board voted 6-0 (Peltzie absent) to
approve the master development plan modification and to recommend approval of the
waiver to LDR Section 4.4.18(B)(4) to allow the floor area for a light industrial use in the
Service Industry land use component to exceed the 5,000 square feet limitation (5,408
square feet).
Mr. Levinson moved to approve the waiver request to LDR Section
4.4.18(B)(4) to allow the floor area for a light industrial use in the Service Industry land
use component to exceed the 5,000 square feet limitation (5,408 square feet) for Lot 3,
Tract K, Delray Park of Commerce 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 2.4.7(B)(5) of the LDR's, 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.
At this point, the time being 7:52 p.m., the Commission moved to Item
9.K. of the Regular Agenda.
9.K. REQUEST TO ADVANCE COUNTY FUNDING/ROOTS
CULTURAL FESTIVAL~ INC.: Consider approval of a request via the Downtown
Development Authority to advance funding in the amount of $15,000, which will be
reimbursed to the City through a Palm Beach County grant, to the Roots Cultural
Festival, Inc. for their event to be held August 6-8, 2004. Funding is available from 001-
-19-
08/03/04
6111-519-99.03 (Manager's Contingency Fund).
The City Manager stated this item is a request to approve an advance in
the amount of $15,000 to the Roots Cultural Festival, Inc. for funding committed by Palm
Beach County Commissioners Addle Greene and Mary McCarty. County funding is
provided on a reimbursement basis and will take place in the current fiscal year.
Mrs. Archer moved to approve an advance in the amount of $15,000 for
funding committed by Palm Beach County Commissioners Addie Greene and Mary
McCarty to the Roots Cultural Festival, Inc., 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.
At this point, the time being 7:55 p.m., the Commission moved to Item
9.E. of the Regular Agenda.
9.E. REQUEST FOR IN-LIEU PARKING SPACES/SHORE
RESTAURANT: Consider a request from Shore Restaurant for the purchase of two (2)
in-lieu parking spaces in the amount of $28,000.00. Shore Restaurant is located at 6
South Ocean Boulevard. (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. Ms. McCarthy, Mr. Levinson, Mr. Costin, and Mayor Perlman had no
ex parte contacts to disclose. Mrs. Archer stated she had a conversation with Michael
Weiner.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file//2004-286 into the record.
Mr. Dorling stated Shore Restaurant (f/Fda Pete's) located at 6 S. Ocean
Boulevard, has submitted a Class III site plan modification associated with the
installation of a 205 square foot walk-in cooler and elevation changes associated with the
restaurant. LDR Section 4.6.9(B)(1)(c) requires that off-sWeet parking be provided for
any addition or enlargement of an existing building or use. LDR Section 4.4.13(G)(1)(d)
requires the provision of six (6) parking spaces per 1,000 square feet of floor area. The
addition of the 205 square foot cooler requires two parking spaces (205 square feeffl,000
= .205 x 6 = 1.23 which rounds up to 2 spaces). Due to site constraints, the applicant is
unable to provide any on-site or off-site parking. The applicant is requesting the
purchase of two (2) in-lieu parking spaces at a cost of $14,000 each for a total of $28,000
to be paid in full upon issuance of a building permit.
At their meeting of July 8, 2004, the Community Redevelopment Agency
(CRA) unanimously recommended approval; at its meeting of July 14, 2004, the
Downtown Development Agency (DDA) unanimously recommended approval of the
- 20 -
08/03/04
applicant's proposal; and at its meeting of July 27, 2004, the Parking Management
Advisory Board (PMAB) unanimously recommended approval of the applicant's request.
Jason Mankoff, Weiner & Aronson, P.A. 102 N. Swinton Avenue, Delray
Beach, representing thc applicant, stated it is impossible to provide parking and therefore
the reason for the in-lieu request.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the request, to come forward at this time.
Mr. Costin moved to approve the request fi'om Shore Restaurant for the
purchase of two (2) in-lieu spaces by adopting the findings of fact and law contained in
the Planning and Zoning staff report, and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDR's,
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.F. REQUEST FOR IN-LIEU PARKING SPACES/HANDELSMAN
YELLOW BUILDING: Consider a request from Handelsman Yellow Building (a.k.a.
the Blank House) for the purchase of six (6) in-lieu parking spaces in the amount of
$72,000.00. The Blank House is located at 85 S.E. 6th Avenue. (Quasi-Judicial
Hearing)
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 additional ex parte communications were disclosed other than what
was previously disclosed.
Mr. Levinson asked for clarification with regard to the Letter of
Withdrawal.
The City Manager stated staff received a letter requesting to Withdraw the
request; however, at the City Commission meeting of May 18, 2004 when the
Commission discussed this there were several alternatives discussed. Staff has sketched
these alternatives and has met with Digby Bridges and to show him the ones which
involve parking on the north side of the property.
Digby Bridges, the applicant, stated he is withdrawing the Letter of
Withdrawal.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2004-076 into the record.
-21 -
08/03/04
Paul Dorling, Director of Planning and Zoning, stated this item was
discussed at the City Commission meeting of July 20, 2004 after which alternative
scenarios were suggested. This scenario provides four parking spaces which means an
in-lieu request of two (2) spaces is required at this time for a total of $24,000 ($12,000
each space).
The City Manager stated the scenario with the four spaces on the north
side taking access from the parking lot isle has precedent in the City because the parking
lot on the north side of the Marriott is laid out in the similar fashion (private parking on
one side of the isle and public parking on the other). He stated it would not be an
unprecedented thing to enter into this kind of arrangement.
Digby Bridges, Applicant, stated Mr. Handlesman agrees with Exhibit "A"
(includes Rose Garden).
Mayor Perlman stated if anyone from the public would like to speak on
this item, to come forward at this time. There being no one who wished to address the
Commission regarding the request for in-lieu parking spaces, the public hearing was
closed.
Ms. McCarthy moved to approve two (2) in-lieu parking spaces with
seven (7) to be provided on-site as illustrated in Exhibit "A", seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed
with a 5 to 0 vote.
9.G. PUBLIC COMMENTS/FY 2005 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2005 Proposed Budget
at this time.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, stated the City of
Delray Beach is very well managed and read into the record several suggestions for the
future management of the city.
Kevin Warner, 248 Venetian Drive, Delray Beach, stated the Town of
Gulf Stream, Town of Manalapan, and City of Boca Raton are holding their tax millages
the same or cutting them. Mr. Warner made reference to page two of the City Manager's
introductory letter regarding the Ad Valorem Tax Revenue from the Proposed Budget for
fiscal year 2004-05.
Gerry Franciosa, 939 Eve Street, Delray Beach, stated the staffing level
for Police Officer's is 156 and there are only 154 that are funded. He expressed concern
over the two unfunded sworn Police Officer positions and over public safety (Fire and
Police) because of the number of people that are moving into town. He urged the
Commission to consider funding the two positions for the Police Department.
- 22 -
08/03/04
Alice Finst, 707 Place Tavant, Delray Beach, speaking on behalf of the
Homeowner's League of Chatelaine, expressed concern over the potholes and the
condition of the streets. She asked if there is funding available in this budget year to pave
the streets.
9.H. FIRE-RE SCUE/C OUNTYVODE LEVEL OF SERVICE
RESOLUTIONS: Consider adopting a resolution committing to comply with minimum
level of service standards for Fire-Rescue services.
9.H.l. RESOLUTION NO. 60-04-A: Consider approval of Resolution No. 60-
04-A committing to comply with minimum level of service standards for Fire/Rescue
services which meets the County's demand.
The caption of Resolution No. 60-04-A is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, COMMITTiNG
TO COMPLY WITH MINIMUM FIRE-RESCUE LEVEL
OF SERVICE STANDARDS.
(The official copy of Resolution No. 60-04-A is on file in the City Clerk's
office.)
9.1t.2. RESOLUTION NO. 60-04-B: Consider approval of Resolution No. 60-
04-B committing to comply with minimum level of service standards for Fire/Rescue
services which contains changes not authorized by the County's most recent decision.
The caption of Resolution No. 60-04-B is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, COMMITTING
TO COMPLY WITH MINIMUM FIRE-RESCUE LEVEL
OF SERVICE STANDARDS.
(The official copy of Resolution No. 60-04-B is on file in the City Clerk's
office.)
The City Attorney stated the County Commission has indicated that a
referendum will be held regarding a charter amendment giving authority to the County
Commission to establish countywide level of service standards for fire rescue services,
unless all cities adopt a resolution which makes no changes to the resolution or Exhibit
"A". However, the City may add the language "subject to budget and appropriate" to the
resolution. The County has stated that the cities must pass the resolution and transmit it
to the County no later than August 17, 2004.
Mayor Perlman stated 23 of 37 cities have adopted the League's
recommendation. He stated Mr. Jamie Titcomb with the Florida League of Cities stated
the City of Delray can rescind the resolution if necessary.
- 23 -
08/03/04
The City Attorney stated she had discussions with the Boca Raton City
Attorney as well as outside counsel regarding this and their view is to not pass the
Resolution.
The City Manager stated this is a decision that should be based on the best
political strategy in dealing with the County in addressing this particular issue. The
League's position is if the City does not like a standard that is set then the resolution can
be appealed.
The City Attorney stated Resolution No. 60-04B is not acceptable to the
County.
Brief discussion by the Commission followed.
Mr. Levinson moved to approve Resolution No. 60-04A, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - No; Mrs. Archer - No. Said
motion passed with a 3 to 2 vote.
9.I~ Ai~IENDMENT NO. 2fMATCH POINT~ INC.: Consider approval of
Amendment No. 2 to the amended and restated agreement between the City and Match
Point, Inc. to allow Match Point to seek funds from Palm Beach County.
Brian Shutt, Assistant City Attorney, stated the amendment to the Match
Point Agreement allows Match Point to seek funds fi.om Palm Beach County.
Previously, the wording precluded any funds going to Match Point other than those funds
from the Convention Business Bureau. This amendment does not prevent the City from
requesting funds from the County but only clarifies that Match Point shall receive those
funds that it applies for directly fi.om the County.
Mrs. Archer moved to approve Amendment No. 2 to the amended and
restated agreement between the City and Match Point, Inc. to allow Match Point to seek
funds fi.om Palm Beach County, 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.
9.J. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
At this point, the Commission moved to Item 9.M. Appointments to the
Board of Adjustment.
9.M. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint
three (3) members to the Board of Adjustment for two (2) year terms ending August 31,
2006. Based on the rotation system, the appointments will be made by Commissioner
Costin (Seat #1), Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3).
Mr. Costin moved to appoint Harvey Starin as a member to the Board of
Adjustment for a two (2) year term ending August 31, 2006, seconded by Ms. McCarthy.
- 24 -
08/03/04
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.
Mrs. Archer moved to reappoint Mel Pollack as a member to the Board of
Adjustment for a two (2) year term ending August 31, 2006, 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.
Mr. Levinson moved to reappoint Samuel Resnick as a member to the
Board of Adjustment for a two (2) year term ending August 31, 2006, 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.
9.N. APPOINTMENTS TO THE BOARD OF CONSTRUCTION
APPEALS: Appoint five (5) members to the Board of Construction Appeals for two (2)
year terms ending August 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
~).
Mayor Perlman stated he wished to reappoint Mary Ellen Keating as a
member to the Board of Construction Appeals for a two (2) year term ending August 31,
2006. Mr. Costin so moved, 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.
Mr. Costin moved to reappoint George Brewer as a member to the Board
of Construction Appeals for a two (2) year term ending August 31, 2006, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
Mrs. Archer moved to reappoint Clifton Miller as a member to the Board
of Construction Appeals for a two (2) year term ending August 31, 2006, 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.
Mr. Levinson stated he would like to defer his appointment until the
regular meeting of August 17, 2004.
Ms. McCarthy moved to appoint James Houck as a member to the Board
of Construction Appeals for a two (2) year term ending August 31, 2006, 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
- 25 -
08/03/04
motion passed with a 5 to 0 vote.
9.0. APPOINTMENT TO TItE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint one (1) member to the Downtown Development Authority for
an unexpired term ending July 1, 2006. Based on the rotation system, the appointment
will be made by Commissioner McCarthy (Seat #4).
Ms. McCarthy moved to appoint Ronald Sullivan as a member to the
Downtown Development Authority for an unexpired term ending July 1, 2006, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman Yes; Mr. Costin - Yes.
Said motion passed with a 5 to 0 vote.
9.P. APPOINTMENTS TO THE HISTORIC PRESERVATION
BOARD: Appoint four (4) members to the Historic Preservation Board for two (2) year
terms ending August 31, 2006. Based on thc rotation system, the appointments will be
made by Commissioner Archer (Seat #2), Commissioner Lcvinson (Seat #3),
Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5).
Mrs. Archer moved to reappoint Francisco Pcrez-Azua as a member to
the Historic Preservation Board for a two (2) year term ending August 31, 2006,
seconded by Mr. Costin. Upon roll call thc Commission voted as follows: Mr. Lcvinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to appoint Linda Lake as a member to the Historic
Preservation Board for a two (2) year term ending August 31, 2006, seconded by Ms.
McCarthy. Upon roll call thc 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.
Ms. McCarthy moved to reappoint Maura Dersh as a member to the
Historic Preservation Board for a two (2) year term ending August 31, 2006, seconded by
Mr. Costin. 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.
Mayor Perlman stated he wished to appoint Michelle Reich as a member
to the Historic Preservation Board for a two (2) year term ending August 31, 2006. Ms.
McCarthy so moved, 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.Q. APPOINTMENTS TO THE PLANNING AND ZONING BOARD:
Appoint four (4) members to the Planning and Zoning Board for two (2) year terms
ending August 31, 2006. Based on the rotation system, the appointments will be made by
Commissioner Costin (Seat gl), Commissioner Archer (Seat #2), Commissioner
Levinson (Seat #3), and Commissioner McCarthy (Seat #4).
- 26 -
08/03/04
Mr. Costin moved to reappoint Diane Borchardt as a member to the
Planning and Zoning Board for a two (2) year term ending August 31, 2006, 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.
Mrs. Archer moved to reappoint Jillian Morris as a member to the
Planning and Zoning Board for a two (2) year term ending August 31, 2006, 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.
Mr. Levinson moved to appoint Lesley Deutch as a member to the
Planning and Zoning Board for a two (2) year term ending August 31, 2006, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint Johnny Kincaide as a member to the
Planning and Zoning Board for a two (2) year term ending August 31, 2006, seconded by
Mr. Costin. 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.R. APPOINTMENTS TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD: Appoint five (5) members to the Site Plan Review and
Appearance Board for two (2) year terms ending August 31, 2006. Based on the rotation
system, the appointments will be made by Commissioner Costin (Seat #1), Commissioner
Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat g4),
and Mayor Perlman (Seat #5).
Mr. Costin moved to reappoint Roger Cope as a member to the Site Plan
Review and Appearance Board for a two (2) year term ending August 31, 2006, 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.
Mrs. Archer moved to reappoint Daniel Carter as a member to the Site
Plan Review and Appearance Board for a two (2) year term ending August 31, 2006,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Pcrlman - Yes; Mr. Costin - Yes.
Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to appoint Reginald Cox as a member to the Site
Plan Review and Appearance Board for a two (2) year term ending August 31, 2006,
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.
- 27 -
08/03/04
Archer - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint Christina Morrison as a member to the
Site Plan Review and Appearance Board for a two (2) year term ending August 31, 2006,
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.
Mayor Perlman stated he wished to reappoint Mayer Abbo as a member
to the Site Plan Review and Appearance Board for a two (2) year term ending August 31,
2006. Mr. Costin so moved, 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.
At this point, the Commission moved to Item 12, First Readings.
12~ FIRST READINGS:
12.A. ORDINANCE NO. 40-04: An ordinance providing for a referendum to
be held on November 2, 2004, on the question of whether the majority of the qualified
voters of the City voting in the referendum special election give their consent and
permission for the release of any deed restrictions and for the transfer and sale of the
North 48 feet of Lot 15, Block 101 (Library), located behind the current library site at 29
S.E. 4th Street and fronting on S.E. 5th Avenue. If passed, a public heating will be
scheduled for August 17, 2004.
The caption of Ordinance No. 40-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR A REFERENDUM OF THE
QUESTION OF WHETHER THE MAJORITY OF THE
QUALIFIED VOTERS OF THE CITY VOTING IN THE
REFERENDUM SPECIAL ELECTION GIVE THEIR
CONSENT FOR THE RELEASE OF DEED
RESTRICTIONS AND ALLOWING THE TRANSFER
AND SALE OF THE NORTH 48 FEET OF LOT 15,
BLOCK 101, LOCATED BEHIND THE CURRENT
LIBRARY SITE AT 29 S.E. 4TM AVENUE AND
FRONTING ON S.E. 5th AVENUE IN THE CITY OF
DELRAY BEACH, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR A
REFERENDUM ON THE ISSUE TO BE HELD ON
NOVEMBER 2, 2004 AND PROVIDING AN
EFFECTIVE DATE.
-28-
08/03/04
(The official copy of Ordinance No. 40-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mr. Costin moved to approve Ordinance No. 40-04 on First Reading,
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.
12.B. ORDINANCE NO. 41-04: An ordinance providing for a referendum to
be held on November 2, 2004, on the question of whether the majority of the qualified
voters of the City voting in the referendum special election give their consent and
permission for the release of any deed restrictions and for the transfer and sale of part of
Block 52 (Tennis), located on the northwest comer of N.W. 1st Avenue and Atlantic
Avenue. If passed, a public heating will be scheduled for August 17, 2004.
The caption of Ordinance No. 41-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR A REFERENDUM OF THE
QUESTION OF WHETHER THE MAJORITY OF THE
QUALIFIED VOTERS OF THE CITY VOTING IN THE
REFERENDUM SPECIAL ELECTION GIVE THEIR
CONSENT FOR THE RELEASE OF DEED
RESTRICTIONS AND ALLOWING THE TRANSFER
AND SALE OF PART OF BLOCK 52 NOW USED FOR
PARKING AND LOCATED ON THE NORTHWEST
CORNER OF N.W. 1sT AVENUE AND ATLANTIC
AVENUE IN THE CITY OF DELRAY BEACH, AS
MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR A REFERENDUM ON THE ISSUE
TO BE HELD ON NOVEMBER 2, 2004 AND
PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 41-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 41-04 on FIRST Reading,
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.
- 29 -
08/03/04
12.C. ORDINANCE NO. 46-04: An ordinance amending Chapter 31, "City
Officials and Employees", by amending Section 31.02, "Compensation of
Commissioners and Mayor", to provide for salary increases for the Mayor and City
Commissioners to bring salaries in line with neighboring municipalities. If passed, a
public hearing will be scheduled for August 17, 2004.
The caption of Ordinance No. 46-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLOR/DA,
AMENDING CHAPTER 31, "CITY OFFICIALS AND
EMPLOYEES", BY AMENDING SECTION 31.02,
"COMPENSATION OF COMMISSIONERS AND
MAYOR", PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 46-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
The City Manager stated in reaching information regarding this item, the
current salary levels for the Mayor and the Commission were established in 1978 and
amended in 1999.
Mr. Levinson stated the proposed ordinance states the increase will go into
effect in March 2005.
Mr. Costin moved to approve Ordinance No. 46-04 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquires on Non-Agenda Items from the City Attorney.
13~ Comments and Inquiries on Non-Agenda Items.
13.A. City Manager
The City Manager had no comments or inquiries on non-agenda items.
-30-
08/03/04
13.B. CiW Attorney
The City Attorney stated she received a memorandum from D.R. Horton
agreeing to lot premium reductions. Also, thc City Attorney stated a rcfrlgerator will be a
standard option and not extra. Thc cabinets will hc wood instead of mica. Thc City
Attorney stated she discussed with I).R. Horton about going back to those people who
may not have entered into a contract bccansc they felt it would bc too difficult to do. If
the Commission accepts the changes as outlined in their letter, D.R. Horton will go back
and amend all the con~racts with buyers to provide for these items and these will be in
affect for further lottery events they plan to have.
After brief discussion, it was the consensus of the Commission to direct
Mayor Perlman to contact Paul Romanowski, Division President/D.R. Horton, Inc. and
thank D.R. Horton for the modifications and urge them to provide all of the people who
were turned down in the first lottery the opportunity to revisit their purchase(s) because
of the revised prices before going to a new lottery.
13.C. CiW. Commission.
13.C.1. Mr. Costin
Mr. Costin had no comments or inquiries on non-agenda items.
13.C.2. Ms. McCarthy
Ms. McCarthy had no comments or inquiries on non-agenda items.
13.C.3. Mr. Levinson
Mr. Levinson stated he received an email today from the Soccer Club and
noted they had a Board meeting last night. He stated they are anxious to participate in the
planning of the soccer field. He and the City Manager had discussion about an Outreach
Program for those people who helped significantly with the Bond Issue to keep them in
the loop.
Secondly, Mr. Levinson commented about the notice regarding the Delray
Beach Post Office.
Mr. Levinson commented about the Nextel and AT&T flyers attached to
the employee newsletter "The News Wave". He suggested that the City charge the
commercial companies to help pay for the cost of the newsletter.
He expressed disappointment with the layout (not the content) of the latest
issue of "News for Neighborhoods". Mr. Levinson stated he attended the Issues Forum
and commented about the City of Lantana newsletter. He stated it is much more readable
-31 -
08/03/04
in terms of the way the newsletter is laid out and noted the City of Lantana encloses the
newsletter with the water bills on a quarterly basis.
He stated the proposed date for the Engineering selection for the South
Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) will be
Monday, August 23, 2004.
Lastly, Mr. Levinson thanked Dan Beatty, Deputy Director of Public
Utilities and staff for their work with the Lake Worth Drainage District (LWDD).
13.C.4. Mayor Perlman
Mayor Perlman stated he was chosen to participate in the Florida Public
Officials Design Institute which is run at Abacoa through Florida Atlantic University
(FAU). He stated each year four elected officials in the South Florida region are selected
to go through an intensive design process. He is working with Randy Welker and
suggested that the Office Depot site be considered since they will be relocating and noted
this is a large piece of land.
Secondly, Mayor Perlman stated he spoke to Otis White who wrote the
article in Florida Trend Magazine entitled "The Best Run Town of Florida". He stated
Mr. White likes how decision making is pushed down to the neighborhood level in
Delray Beach and that there is citizen driven planning. In addition, Mr. White speaks
complimentary about Tom Lynch. Mayor Perlman stated Mr. White will be writing
something shortly about Delray Beach.
He stated the Bed Race was very good.
Mayor Perlman stated the Delray Beach Police Department was evaluated
by representatives from the Commission on Florida Law Enforcement Accreditation and
has been recommended that the department be accredited. The assessors reviewed 271
different criteria in evaluating whether or not the department has what it takes to be
accredited. He stated this was a big goal of Chief Schroeder and noted the Committee
will make their decision in October.
Mayor Perlman stated he and Mr. Levinson were at the Office Depot store
on Military Trail and Atlantic Avenue where Office Depot gave away 3,000 backpacks in
Delray Beach alone. He stated EPOCH, The Caring Kitchen, Spady Elementary, Village
Academy, Carver Middle, and the Delray Beach Police Department also attended. He
stated this represents a multi-million dollar donation from Office Depot and commented
it was a good event.
Lastly, Mayor Perlman commented about an email he received from a
woman from Rochester, New York.
- 32-
08/03/04
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:15 p.m.
Acting City Clerk
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 August 3, 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.
- 33 -
08/03/04
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME~IRST NAME~IODLE NAME NAME O~ BOARO. coeI~K~IL. COMMISSION, ALrrHoRI~Y, OR COMMITTEE
Costin, Robert Delray Beach City Commission
362 N.E. 5th Avenue
~ crrY ~ COUN~ ~ OTHm~ LOC~. ^eENcY
Delray Beach, Florida Palm Beach City of Delray Beach
8/3/04 MY PosInON I$:
WHO MUST FILE FORM 8B
This form is for use by any person sen'lng at the county, city, or other local level of government on an appointed or elected board, council,
commissin~, authority, or committee. It applies equally to members of advisory and non-adviso~J bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fo~n before
comph~ting the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special pdvata gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a ona-acre, one-yule 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-taw,
mother-in-law, see-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or canying on a business
enterprise with the officer as a partner, j(~nt venturer, coowner of property, or corporate shareholder (where the shares o~ the corporation
ara not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
ara abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting~ who should in~x)rato the fomt in the minutes.
APPOINTED OFFICERS:
AJthough you must abstain from voting in the situations desCribod above, you otherwise may participate in these matters. However, you
must disclose 'the nature of the conflict before making any attempt to infiuence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY Al-tEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for re~m'ding the
minutes of the meeting, who will incorporeta the form in the minutes. (Continued on other side)
CE FORM 88-EFF. 1/2000 ~1~. ~ PAGE1
APPOINTED OFFICERS (continued)
· A COpy of the form must be prov~ed immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO A'I-rEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote ocoum with the parson mspansible for recording the minutes of the
meeting, who must irmorporate 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 mad pubticly at the next meeting after the fonm is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, ~.obe~:t: Cos~:it~ ,berebydiscfosethaton August: 3, ,200/+ :
(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 , by
whom I am retained; or
__ inured to the special gain or loss of , which
is the parent o~garflzafi(m or subskJta~y 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:
Con£1tct:tt'~g conCT:act:ua]. ~:e]_at:io[tsh±p ,,,,ft:h H~:.
Data Filed Signature
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, F. FF. 1/2(X~0 pAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FiRST NAME~IDDLE NAME NAME CF BOARD. COUNCIL, COMMISSION. AUTHORI3¥. OR COMMII'I~E
McCarthy, Alberta Delrav Beach City Commission
280~ .q_w_ 22nd Aw=n~,~.:~10-~
Delray Beach, Florida Palm Beach NN4EOFFOLmCALSU~%~S~N:
City of Delray Beach
8/3/04
WHO MUST FILE FORM 8B
This form is for use by any pemon een/ing 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-adviso[y 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 reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form. .
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officor also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a pdncipal (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 lose of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husbend, wife, brother, sister, father-in-taw,
mother-i~taw, 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 es a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
· are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In additiOR 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 person responsible for rectxding the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described 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 made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to intiuenca the decision) with the person responsible for recording the
mthutas Of the meeting, who will incoq)orate the form in the minutes. (Continued on other side)
CE FORM 8B- EFF. 1/2000 .~.j~.~.~ ~ . ~ PAGE1
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The ~orm must be read publidy at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: '
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and tile 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 filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Alberta Perry McCarthy , hereby disdose that on August 3 ,20 04 :
(a) A m/easure 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 , by
whom I am retained; ~
__ inured to the special gain or loss of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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 8~- EFF. 1/2000 PAGE2
SPECIAL MEETING
AUGUST 10, 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, August 10, 2004.
Roll call showed:
Present - Commissioner Patficia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - City Manager David T. Harden
City Attorney Susan A. Ruby and
Acting City Clerk Chevelle D. Nubin
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following items:
1. CONTRACT AWARD: Contract award to pGA_L, Inc. in the amount of $86,160.00 for
professional consulting services for preliminary planning activities for the proposed Old
School Square Cultural Arts Center Parking Garage Project. Funding is available from 380-
4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old School Square).
Commissioner Costin filed a Conflict of Interest and left chis.
Richard Hasko, Director of Environmental Services, gave an overview of the item and lan
Nestler of PGAL, Inc. was in attendance to answer any questions.
Mrs. Archer moved to approve the contract award to PGAL, Inc. in the amount of
$86,160.00, seconded by Mr. Levinson. Upon roll call, the Commission voted as follows:
Mrs. Archer - Yes: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed 4-0.
2. 2004-2005 FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES BLOC. TO
GRANT FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE
FUNDING AGREEMENT/SUBCONTRACT WITH COMMUNITY CHH.I)
~ Consider approval of an agreement between the City and the Florida
Depattt~ent of Children and Families and approve a subcontract agreement with the
Community Child Care Center in the amount of $162,637.00 for the provision of substance
abuse prevention services.
The City Manager stated that Exhibit "A" to the agreement is now included and staff
recommends approval of the agreement with the Florida Department of Children and
Families and the subcontract agreement with the Community Child Care Center.
Lula Buffer, Director of Commurfity Improvement, stated the program consists of the adult
component and the Creating Lasting Families component.
Ms. McCarthy moved to approve the 2004-2005 funding agreement between the City and
the Florida Department of Children and Families and the subcontract agreement with the
Community Child Care Center in the amount of $162,637.00, 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 5-0.
3. CHANGE ORDER NO. I/CONTRACT ADDITION/THE JONES COMPANY
OF SOUTH FLORIDA; Approve Change Order No. 1 (Contract Addition) in the
amount of $29,768.55 to The Jones Company of South Florida for the relocation of a
portion of an existing water main which conflicts with the installation of the proposed
drainage system at the N.W. 18~ Avenue site. Funding is available from 442-5178-536-63.50
(Water/Sewer Renewal & Replacement/Water Mains) and 448-5470-538-65.44 (Stormwater
Utility Fund/N.E.-N.W. Area/Lake Ida to Atlantic Avenue).
Dick Hasko stated this is an existing contract with The Jones Company to perform retention
pond excavations in three different areas throughout the City. Staff nm into unforeseen
conditions in terms of some vertical conflicts with the drainage pipe as well as some
unknown water mains. He stated staff wanted to obtain approval as soon as possible so as
not to interrupt the flow of work by the contractor.
Mr. Costin moved to approve Change Order No. 1 in the amount of $29,768.55 to The
Jones Company of South Florida, seconded by Mr. Levinson. Upon roll call, the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes; Mr. Costm - Yes; Mrs. Archer - Yes. Said motion passed 5-0.
4. FUNDING REOUEST/ROOTS CULTURAL FESTIVAL. INC.: Consider approval
of a request from Mrs. Elizabeth Wesley to fund certain expense items for the 27~ Annual
Roots Cultural Festival, Inc. for their event to be held August 6-8, 2004. Funding is available
from 001-6311-572-83.01 (General Fund/Other Grants/Aid).
The City Manager introduced the item and stated Roots indicated to several staff members
that they were struggling financially in regards to this year's event and needed more
assistance from the City. He stated the Roots Cultural Festival, Inc. has not paid their endre
bill from last year to Old School Square. He stated a lot of the expenses on the list
submitted by Roots are out of pocket expenses for Old School Square. He stated if the
Commission wants to respond to the request and pay some of the bills at Old School Square
this will help two non-profits instead of one. He stated the payment should be made directly
to Old School Square.
2 August 10, 2004
Commissioner McCarthy stated she did not know there was an outstanding balance to Old
School Square until Mr. Harden informed her of that yesterday. She asked if there was any
discussion about monetary impact when the decision was made to move the festival from
Pompey Park to Old School Square. Lula Butler, Director of Community Improvement
stated she was not in attendance for any discussions regarding the move to Old School
Square and Joe Gillie, Executive Director of Old School Square, stated their discussion with
Roots was about rental activity and the rental rate was reduced by 70% because this function
was sanctioned by the City. He stated he was not privy to discussions regarding all other
activities. Commissioner McCarthy stated that since the City does contribute to the
operating expenses of Old School Square any allocations made that would benefit both non-
profits in the long run would be a wise and good thing to do.
Commissioner Levinson stated Mrs. Wesley indicated that they were "in the hole" from
years past. He asked if there were outstanding invoices from any other agencies besides Old
School Square. His concern is that any money the City gives them should they file
bankruptcy would be brought back in and be redistributed to creditors. He stated he does
not want one good deed costing the City.
Commissioner McCarthy stated she has not heard anything regarding Roots filing
bankruptcy. She stated she was under the impression that a lot of the funds that were due or
shortages that Roots had were covered by dollars taken out of personal pockets of
individuals in order to adhere to many of those expenses.
Commissioner Costin stated it appears that the fiscal management of this was not too sound
to begin with to incur all of these expenses after the fact and he heard it was not well
attended.
Commissioners Levinson and McCarthy stated there were at least 400 people in attendance
for Saturday night.
Commissioner McCarthy asked if the Commission has additional questions do they have to
vote on this item tonight or can they take the time to get the answers to the questions.
Lula Butler stated Mrs. Wesley expressed the need to be able to resolve some of the
expenses.
Commissioner Levinson asked if it would be appropriate to ask Roots for a final accounting
of where they were, who they owe, and if there are any previous balances.
Mayor Perlman stated there are two issues. One is the need for the City to make Old School
Square as whole as it possibly can and the other issue is the future of the Roots Cultural
Festival (a 27 year tradition in Delray). This is an organization the City needs to work with.
He stated the City should stress some common sense things and look at Roots' hours of
operation. He thinks the festival is important enough to rescue.
Commissioner Levinson asked if there were other things the City contributed to Roots
besides loaning the Neighborhood Program Specialist.
3 August 10, 2004
Commissioner Cosfin asked about the management of Roots. Commissioner McCarthy
stated Roots changed management which is the reason the City was approached in regards
to utilizing the Neighborhood Program Specialist.
Commissioner Levinson stated that the City requires organizations to follow rules in terms
submitting requests to City staff during this time of year. He stated it is distressing when
after the fact an organization begs for forgiveness instead of asking for permission because it
makes it difficult for the City when another organization feels they do not have to obtain
permission. In addition, he stated the City has been in this position for three or four times
now from different entities. He suggested that we bring someone in at a Workshop meeting
who can help to get this policy up and running so that we do not mn into these problems
again.
Mayor Perlman stated the City needs to be proactive and help make this a viable entity.
Commissioner Archer stated Roots needs some financial management assistance.
Mayor Perlman stated that Mrs. Wesley is under a lot of stress and cannot do this alone.
Commissioner Costin concurred with comments expressed by Mayor Perlman.
Commissioner McCarthy asked Nancy Stewart (Garlic Festival) if she was at a break even
point yet in the years of doing the festival. Ms. Stewart stated she was not at a break even
point yet.
Discussion continued between the Commission.
It was the consensus of the Commission to have staff obtain a final accounting report from
the Roots Cultural Festival, Inc. for next week before making a decision on this item.
Mayor Perlman declared the Special Meeting adjourned at 6:35 p.m.
Acting City Clerk
ATI'~ST:
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, August 10, 2004, which Minutes were formally approved and adopted by the City
Commission on August 17, 2004.
4 August 10, 2004
Acting City Clerk
TE RE R' 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 revolve amendments, additions or deletions to
the Minutes as set forth above.
5 August 10, 2004
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
Costin~ Robert Delray Beach City Commission
362 N.E. 5th Avenue W~CHISERVEmAUN~TOF:
Delray Beach, Florida Palm Beach NAMEOFPOUT~LSUSDr~SION:
DATE ON WH~CH V~I~ OCCURRED City of Delray Beach
8 / 10/0 4 ~ .OmTIO~ ,S:
WHO MUST FILE FORM 8B
This form is for use by any pemon serving at the county, city, or other local level of government on an appointed or elected beard, council,
commission, a~thority, 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 contiict of interest will 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 tiling the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which ioures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special 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 oee-acre, one-vote basis are not prohibited from voting in that
capacity.
For puqx[ses 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
entel~'ise with the Officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corpomben
are not listed on any national or 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 o~ which you
are abstaining fi'om voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should inco~cerate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described abeve, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to intiuanco the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO M~.KE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person respousible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. t/2000 PAGE 1
APPOINTED OFFICERS (continued)
A copy of the form must be provided immediately to the other membem of the agency.
The form must be mad 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 befo~'e participating.
· You must complete the form and file it within 15 days alter the vote occum with the pemon responsible for recording the minutes of the
meeting, who must incoq:~orate the form in the minutes. A copy of the form must be provided immediatuly to the other membem of the
agency, and the form must be reed publicly at the next meeting after the form is tiled.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Robert Costin , hereby disciose that on August 10 ,20 04_~__:
(a) A measure come or Mil come before my agency which (check one)
/X~, inured to gain or loss;
my
special
plJvato
inured to the special gain or loss of my business associate, ;
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of , which
is the parent organization or subsidlery of a principal whic~ has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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
WHEREAS, in the year 2004, the month of September has been declared National Prostate
Cancer Awareness Month; and
WHEREAS, in the year 2004, approximately 230,110 men in the United States will learn
that they have prostate cancer, and across the nation prostate cancer is the most comrnohiy
diagnosed nonskin cancer in men; and
WHEREAS, approximately 29,900 men will lose their lives to this disease in 2004, and one
in six men in the nation are at risk of developing prostate cancer dnring their lifetime; and
WHEREAS, k is known that about one third of prostate cancer occurs in men under the
age of 65 during their prime work years, and at any age prostate cancer devastates families through
loss of income, partnership, and support; and
WHEREAS, prostate cancer leaves too many parents, women, children and other family
members without a man they love, and African American families are disproportionately affected
due to African American men having the highest prostate cancer incidence in the world and being
twice as likely to die of the disease than other American men; and
WHEREAS, research suggests that men could reduce their risk of prostate cancer mortality
if they followed recommended prostate cancer scxeening guidelines, including examination by a
health care provider and increased awareness and use of early detection practices.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida,
on behalf of the City Commission, do hereby proclaim September 2004 as
PROSTATE CANCER AWARENESS MONTH
in Dekay Beach, Florida and urge all men in our community to become aware of their own risks of
prostate cancer, talk to their health care providers about prostate cancer, and, whenever appropriate,
get screened for the disease. I further encourage all residents to become involved in the war on
prostate cancer.
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 17m day of Augnst, 2004.
JEFF PERLMAN
MAYOR
Suggested Mayoral Proclamation for
2004 National Prostate Cancer Awareness Month
WHEREAS, in the year 2004, the month of September has been declared National
Prostate Cancer Awareness Month; and
WHEREAS, in the year 2004 approximately 230,110 men in the United States will learn
that they have prostate cancer, and across the nation prostate cancer is the
most commonly diagnosed nonskin cancer in men; and
WHEREAS, approximately 29,900 men will lose their lives to this disease in 2004, and
one in six men in the nation are at risk of developing prostate cancer
during their lifetime;
WHEREAS, it is known that about one third of prostate cancer occurs in men under
the age of 65 during their prime work years, and at any age prostate
cancer devastates families through loss of income, partnership, and
support; and
WHEREAS, prostate cancer leaves too many parents, women, children and other
family members without a man they love, and African American families
are disproportionately affected due to African American men having the
highest prostate cancer incidence in the world and being twice as likely to
die of the disease than other American men; and
WHEREAS, research suggests that men could reduce their risk of prostate cancer
mortality if they followed recommended prostate cancer screening
guidelines, including examination by a health care provider and increased
awareness and use of early detection practices;
NOW, THEREFORE, I, , Mayor of the City of ,
do hereby proclaim September 2004 as Prostate Cancer Awareness Month in the City
of , and urge all men in our community and throughout the country to
become aware of their own risks of prostate cancer, talk to their health care providers
about prostate cancer, and, whenever appropriate, get screened for the disease.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the Office of Mayor to be affixed this day of ,2004.
Mayor
(Please mail an original of your proclamation to Crystal D. Swann, Assistant
Executive Director, U.S. Conference of Mayors, 1620 Eye St., NW, 4th floor,
Washington, DC 20006. It will be part of a Conference of Mayors 2004 National
Prostate Cancer Awareness Month display.)
(7/7/04)
WHEREAS, the health and welfare of our residents are vital state and national
concerns; and
WHEREAS, the hereditary blood disorder known as Sickle Cell Anemia is a
serious disease with no known cure; and
WHEREAS, Sickle Cell mainly affects African Americans, but is a global disease
that affects all racial and ethnic populations, especially members of the darker races
including Greeks, Sicilians, Turks, Hispanics, and East Indians; and
WHEREAS, the Sickle Cell Foundation of Palm Beach County, Inc., located in
West Palm Beach, Florida, aids individuals and families affected by Sickle Cell Disease
and conducts outreach and education to increase community awareness about this
disease; and
WHEREAS, the month of September is National Sickle Cell Month, and the
Sickle Cell Foundation of Palm Beach County, Inc. will be conducting various activities
to make residents throughout Palm Beach County aware of the disease.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby proclaim the month of September,
2004 as
SICKLE CELL AWARENESS MONTH
in Delray Beach, and urge all residents to join in learning more about this serious
disease and to support the efforts of the Sickle Cell Foundation of Palm Beach County,
Inc. in educating the public, as well as seeking a treatment and cure for Sickle Cell
Disease.
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 17th day of August, 2004.
JEFF PERLMAN
MAYOR
1600 North Australian Avenue, West Palm Beach, Flodda 33407-5621
(561) 833-3113 · Fax (561) 659-4505
Eva W. Mack
I.V""'
PRESIDENT
Claudia .T. Smith
EXECUTIVE DIRECTOR
Yvette L. Coursey, DPA July 7, 2004
The Honorable Jeff Perlman
Mayor, City of Dekay Beach
100 North West First Avenue
Delray Beach, Florida 33444
Dear Mayor Perlman:
It's that time againH Sickle Cell Foundation of Palm Beach County, Inc. cordially invites you to be a part of our
Annual Open House on Saturday, September 4, 2004 from 8:00 AM-2:00 PM at Gaines Park in West Palm Beach.
A special feature this year will be a walk of support, as well as a community health fair with various health-related
agencies and local vendors being a part of Sickle Cell's Open House and Walk of Support. South Florida Blood
Bank will also have the blood mobile unit at the Open House, and we are encouraging persons to give blood and
become a best-match donor.
The mission of Sickle Cell Foundation is to improve the quality of life for persons with Sickle Cell Disease or Trait,
and members of their families. Among the services/programs we offer are socialization and the promotion of
normalization that also include education, recreation and cultural enrichment. We anticipate several hundred people
coming out for the open House and Walk of Support and would like for you or a representative of your office to be
present and show your support.
September is National Sickle Cell Month and there will be several activities in celebration of this recognition. We
will host, along with the open house and walk of support, a medical seminar for physicians on the 23'd of
September.
As in the past, we are requesting the City of Dekay Beach to issue a proclamation declaring September as Sickle
Cell Month in the City of Delray Beach. All proclamations will be on display in our facility. If we have advance
notice of when this will be on the agenda, we will make every effort to have a representative at the Council meeting
to accept the proclamation.
We appreciate your support of the Sickle Cell Foundation of Palm Beach County, Inc. and look forward to your
participation in the celebration/recognition of National Sickle Cell Month. Please feel free to contact our office at
(561) 833-3 t 13 should you have any questions or need additional information.
Sincerely,
Y~ursey, DPA
E:~cutive Director
_ CHILDREN'S CASE
- MANAGEMENT
- ORGANIZATION, INCo
- Julie Swindler, LCSW
Executive Director
_ ABOUT US
._ · Children's Case Management Organization, Inc. (CCMO) was
established in April 1990, to assist families toward stabilization
and self-sufficiency. The Agency's mission is that all children
have the opportunity to grow up in a safe and healthy family
environment.
· CCMO's Family Service Coordinators provide assistance and
- training for families as often as necessary. Together the trained
coordinators and the families develop a "Family Support
- Plan". This plan is the road map leading to self-sufficiency
and the healthy development of their children.
- OUR PHILOSOPHY
· Families are the experts
- · Past successes teach families how to develop their own solutions
· Goal of staff is to enhance the family's capacity to cope with the
- daily demands of life
· CCMO advocates on behalf of families and their communities to
- make services more accessible
WE PROVIDE
- · Family-centered community-based services
· Home visits
· School visits
- · Contact with various community agencies (day care, health
care facilities, educational, vocational and employment
- related services)
· Referral and linkage to community resources
· Opportunities for success in daily family living
Overview of Program
(Fiscal Growth)
This Agency has continued expansion
of services to children and families
- since its doors opened in 1990
PROGRAMS
_ · 1990
· CCMO (Services to children at risk of developmental
- disabilities)
· 1995
- · CCMO (Services to children at risk of developmental
disabilities)
· Family Self-Sufficiency
· 2000
· Bright Beginnings Visitation Program
- · Project Connect Collaborative / Beacon School Project
· Part C - Early Intervention Program
· Family Self-Sufficiency
· TOPWA
· 2004
- · Bright Beginnings
· Beacon School Project
· Family Self-Sufficiency
_ · Families Building
· Kin Support Project
- · TOPWA
- FAMILIES SERVED
_ 1600'
1400'
1200
1000
800
- 600-
400-
200-
O-
1990 1995 2000 2004
- STAFF
,50-
40-
-- 35-
30-
20-
15-
10-
5-
O.
-- 1990 1995 2000 2004
,I == Full Time , Part Time I
OFFICES
1990 1995 2000 2004
- FUNDERS
- 4~1990 4~2004
· Children's Services Council · Children's Services Council
- 4~1995 · City of Delray Beach
· Children's Services Council · Delray Beach Housing
4~2000 Authority
- · Children's Services Council · Health Department
· Community Foundation · Housing and Community
_ Development
· Delray Beach Housing
Authority · Housing and Urban
_ Development
· Department of Children and
Families · Palm Beach Community Chest
- United Way
· Health Care District
· Ounce of Prevention
_ · Health Department
· Quantum Foundation
· Housing and Urban
- Development · Sun-Sentinel Children's Fund
· Maternal Child Family · Wachovia Foundation
- Health Alliance
· Palm Beach Community
- Chest United Way
· Quantum Foundation
- BUDGET
- $3,000,000
- $2,500,000
- $2,000,000
- $1,500,000
- $1,000,000
- $500,000
- $0
1990 1995 2000 2004
PROGRAM
SERVICES
BRIGHT BEGINNINGS HOME VISITATION
- PROGRAM
- · This program provides 560 families per year community
wide with care coordination services for the family from
- prenatal up through the child's 5th birthday unless the family
does not require services any longer.
- · Services are provided for families with the following
characteristics:
- · Domestic Violence
· Substance Abuse
· Chronic Physical, Mental or Emotional Illnesses
- · Child, Children with Medical Complication/Acute or
Chronic Illness
- · Poverty
· Lack of Support
· Homeless or on the verge of becoming homeless
._ · Limited Coping Skills
· 29 families were served in Delray Beach
- in Fiscal year 2003-2004
_ TARGETED OUTREACH for
PREGNANT WOMEN
- · This program provides outreach to pregnant women who are "at
risk" of HIV, substance abuse, and/or HIV+. HIV testing, pre
- and post counseling as well as pregnancy testing is performed.
· 300 women are assessed per year and referred for ongoing
- supportive services. 2000 women are screened and receive
educational infot~iiation on HIV and other sexually transmitted
- diseases.
· Services are provided county wide -- A total of the following
- are performed annually in Delray Beach:
· 60 Screens
· 24 Assessments
- · 60 pregnancy tests
· 24HIVtests
FAMILY SELF-SUFFICIENCY PROGRAM
· This program provides case management for families who are recipients
of Section 8 or Public Housing through the Delray Beach Housing
Authority, and desire to exit the welfare system within a five-year period.
- · 95 families served per year.
· 58 families currently being served
· 29 Families have achieved home ownership. Three (3) are in the home-
_ buying process.
- BEACON SCHOOL PROJECT
· This program provides 75 families per year with care coordination
services through a collaboration with Community Child Care. This
- program works with families who reside in Delray Beach and/or attend
Village Academy, a community-based school.
- · Services are provided for families with the following characteristics:
· Substance Abuse
· Domestic Violence
· Unemployment
· Lack of Family Support
. · Homeless or on the verge of
becoming homeless
~ · Limited Coping Skills
· Child Abuse and/or neglect
- · Mental Illness
· Children with behavioral
- issues
· This program is presently serving 42 families
FAMILIES BUILDING SOLUTIONS
· This program works closely with 336 families per year utilizing
a solution-focused approach. Services are strength-based,
family-centered, home and community-based and support
- families' ability to develop new
coping skills to deal with the
- daily demands of life.
· Services provided are as follows:
· Regular home visits to work
_ on family goals
· Assisting the family in
_ developing life skills
promoting family growth and functioning
- · Assisting the family in connecting with community
resources
- KIN SUPPORT PROJECT
_ · The Kin Support Project is a collaborative with CCMO, Barry
University, Florida Atlantic University and Legal Aid Society
to provide care coordination services for individuals 40 and
- over who are caring for a relative's child.
_ · Services provided are as follows:
· Support and Information
-- · Community referrals
· Advocacy
· Parent Education
._ · Mentoring Activities
· Counseling
- · Legal Assistance
· Health Information
· Financial Guidance
_ · This project serves Delray Beach, Pleasant City and Riviera
Beach.
- · This program is presently serving 12 families in Delray Beach.
POINTS TO REMEMBER ABOUT CCMO
· CCMO, a not-for-profit Agency, is committed to the
enhancement of life for families and children
- · CCMO adapts program services to meet the changing
needs of the community
- · CCMO believes that the community benefits from
successful partnering and collaboration with area
- agencies and funders
_ · CCMO believes that focus on solutions vs. problems
results in positive change
- · CCMO believes that the success of the family-centered
model depends on family choice and non-duplication of
- services
· CCMO believes in a diversified funding base supported
by public, private and corporate dollars
City Of Delray Beach
Department of Environrnental Services
M E M 0 R A N D U M
www. tnydelra~beach, cotn
TO: David T. Harden
City Manager
FROM: Dan Beatty, P.E. ~
Deputy Director of~r~c'Otilities
DATE: August 12, 2004
SUBJECT: Utility Easements
Lone Pine Road Water Main Project
Project No. 2003-064
Attached are an Agenda Request, Location Map and original copies of the utility
easement deeds for seven of the twenty six properties within the Lone Pine Subdivision.
Also attached is an easement status chart which indicates the current status of the
remaining easements required to proceed with the water main project. Of the twenty six
required easements, seven are attached, one currently exist, three have agreed to grant
the easement only after all others have been obtained, two have completely refused to
grant an easement and the remaining thirteen have been non responsive. At this time I
would suggest that we record the easements currently provided before the properties
potentially change ownership. The design of the water main project is on hold until the
remaining easements are received.
If you are in agreement, please place the item on the August 17, 2004 Agenda for
consideration by City Commission.
Attachments
cc: Richard C. Hasko, P.E., Director of Environmental Services
Randal Krejcareck, P.E., City Engineer
City Clerk
Project File
Agenda File
S :~EngAdminWroj ect sk2003~2003 -064\OFFIC IAL~asement Agenda mem.doc ~
, CANAL L-30
·
~ ~'k /' '-~~ ST. ~ ~ ~ z
v.7~ ~", , ~ :-~ 'l~ ~ '1 I~ z ' ,
~ m L A K E I D A ROAD
E~NME~AL SE~CES ~A~E~ COMMUN{ ~
Lone Pine Road
EASEMENT STATUS
5 3060 Sara Rice, 3692 Lone Pine Road
6 3070 Victoria Indrei, 3600 Lone Pine Road
9 3100 Bernice McNeece, 3758 Lone Pine Road
10 3120 James Smith, 3524 Lone Pine Road
Martin Kru Lone Pine Road
15 3180 F J Gustafson, 3826 Lone Pine Road
16 3190 Sumrall Cassed' 3980 Lone Pine Road
19 3220 Ruth Conrad, 3725 Lone Pine Road
Russell Crai( 3859 Lone Pine Road
25 3280 Jose' Betancur, 3726 Lone Pine Road
Easement currently exist.
Easements received, pending recordation
Easement received with the caveat that it not be recorded until all
other easements are received.
Rrefused to grant easement.
I No response from owner.
Lone Pine Rd List,xls 8/12/2004
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office i ~:
200 N.W. 1st Avenue
Delray Beach, Florida 33444
PID#:
EASEMENT DEED
TItlSINDENTURE, madethis ~.~D dayof (~ ,20~byandbetween
Mark & Cheryl Kruger, with a mailing~ address of 35~3~ Lone Pine Road, Delray Beach, FL
33445-7655, party of the first part, and the CITY OF DELRAY BEACIt, with a mailing
address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm
Beach County, State of Florida, party of the second part:
WlTNESSETIt: That the party of the first part, for and in consideration of the stun of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain,
sell and release unto the party of the second part, its successors and assigns, a right of way and
perpetual easement for the purpose off installation and maintenance of utilities with full and fi'ee
right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well
under, across, through and upon, over, under or within the following described property located
in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to affect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or affect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Pasty of the first part does hereby fully warrant the title to said land and will defend the same
,against the lawful claims of all persons whomsoever claimed by, through or under it, that it has
good fight and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS(l)'Y ~ ~ , ,~ , ~ ,"~--~ PAR~ ~F~IRST PART
PrintNam~: ~f/-~l ~(~ PfintName: MaricKruger/ '
WITNESS (2)
erintName: ,~¢,.~r¢',o,._ Cte- Pf:fK,~ erintl~ame: C~erylI~uger'~
STATE OF FLORIDA
COUNTYOF 0c~3,-~ 6~.~c.A._
The foregoing instrument was acknowledged before me this [~L~_ day of
}~ 0~ ~-', ~ ,2004 by Mark & Cheryl Kruger who is personally ~o~ ~o
(~e of identification) ~ identification.
~e or h~ produced ~ ~ ~
Silage of Not~ Public - State of Florida
2
SKETCH OF DESCRIPTION
EXHIBIT "A "
SCALE: I": 40'
LOT C
25.00
I
r'"'- r"" NO TES:
I ~ THIS IS NOT A SURVEY
F-.- ~ r"-- ~ ~ = CENTERLINE
'"'t '"4 TOWNSHIP 46 SOUTH, RANGE
LOT NUMBER REFERS TO
ES TA TES
UNRECORED PLA T OF ACRE
555. 77'
25.00'
E. LINE OF N.W. 1/4
__ ~ __ ~ OF SEC. 7/46/45
DA VIS ROAD (EXTENSION,)
PAUL D. ENGLE
A 25 FOOT EASEMENT, BEING MORE PARTICULARLY SURVEYOt~ & MAPPER ~5708
DESCRIED AS FOLLOWS:
THE SOUTH 25 FEET OF THE SOUTH 240.77 FEET OF
THE NORTH 555.77 FEET OF THE WEST 181.00 FEET OF DATE: MARCH 2#, 2004
THE EAST 221.00 FEET OF THE NORTHWEST QUARTER O'BRIEN, SUITER & O'BRIEN, INC
(N.W.I/4) OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE CERTIFICATE OF AUTHORIZATION//LB$55
4,,z EAST, PALM BEACH COUNTY, FLORIDA. SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIOHWAY
DELRA Y BEACH FLORIDA `7`748`7
ORDER NO. 04-55".4" (561) 276-4501 (561) 752-.7279
Prepared by: ILETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
PIDg:
EASEMENT DEED
Tills INDENTURE, made this ~T*tday of~°tr~/~,_ , 20~ by and between
Janet Sutherland, with a mailing address of 3624 Lone Pine Road, Dekay Beach, FL 33445-
7666, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of
100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach
County, State of Florida, party of the second part:
WITNESSETIl: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain,
sell and release unto the party of the second part, its successors and assigns, a right of way and
perpetual easement for the purpose of: installation and maintenance of utilities with full and free
right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well
under, across, through and upon, over, under or within the following described property located
in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to affect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or affect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
1
Party of the first part does hereby fully warrant the title to said land and will defend the same
against the lawful claims of all persons whomsoever claimed by, through or under it, that it has
good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS(i) PARTY OF THE FIRST PART
Print Name: ~ ~'J~, '~.,/~rint Nan~e: Janet Sutherland
wrn ss (2)
[~t~_ 0. ~.~)~:x~ By:
Pri~tName:llil~t~t_~ }4.. ~~ PfimN~e:
STATE OF FI.,ORIDA
cO STY oi I ,
The foregoing instrument was acknowledged before me this ~'~In day of
~C[ ~ ,2004 by J~et Su~erl~d who is personally ~o~ to
me ~-- ,,~ ~ ..... v, ...... a .... a (~e of ident~cati~s id~fifi~ti~n.
Silage of~ Public - State of Florida
· ~,..~,, ~c~
· * EX~S:~r ~,~
2
SKETCH OF DESCRIPTION
EXHIBIT "A "
LOT J
4 25.00 SCALE: 1"= 40'
240.77'4'°t6
~ :~ NOTES:
EAST
. ~ LOT M~ER REFERS TO
~ ~EOORDED PLA T OF ACRE
~ . ESTATES
24O. 77' o~
~_5.00'
LOT F
£ LINE OF N,.W, 1z/4
__ [ OF SEC. 7/46/4J
DA VIS ROAD (EXTENSION)
P'AL~ ~. ~GLE
A 25 FOOT EASEMENT, BEING MORE PARTICULARLY SURVEYOR & MAPPLM~ ~5708
DESCRBED AS FOLLOWS:
THE NORTH 25 FEET OF THE SOUTH 240.77 FEET
OF THE NORTH 59654 FEET OF THE WEST 18t00 DATE: MARCH 24, 2004
FEET OF THE EAST 764.00 FEET OF THE NORTH- O'BRIEN, SUITER & O'BRIEN, INC
WEST QUARTER (N. W I/4) OF SECTION 7. TOWNSHIP CER TIFICA TE OF AUTHORIZA DON
46 SOUTH, RANGE 45 EAST. PALM BEACH COUNTY, SURVEYOR AND MAPPER IN RESPONSIBLE
FLORDA. CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGH,lA Y
DELRAY BEACH FLORIDA 35485
ORDER NO. 04-53"H" (580 278-4501 (580 732-$279
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office .' ~~. i; ~ · ~ . ~' '
200 N.W. 1st Avenue
Delmy Beach, Florida 33444
PID#:
EASEMENT DEED
TItIS INDENTURE, made this /.~3 day of ,.~ ~ , 200~q by and between
David Fulton, with a mailing address of 3658 Lone Pine Road, Delray Beach, FL 33445-7666,
party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100
N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County,
State of Florida, party of the second part:
WlTNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain,
sell and release unto~ the party:6f the Sec0nd part, its successors and as.s~gfiS, a right of way and
perpetual easement for the purpose off installation and maintenance of utilities with full and free
right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well
under, across, through and upon, over, under or within the following described property located
in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to affect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or affect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the same
against the lawful claims of all persons whomsoever claimed by, through or under it, that it has
good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS(l) PARTY O~E FIRST~ P~T'~/
PrintName: ~[r!(~r'i~."-~t~ia.J._. PrintName: David Fulton
; wn ss(2). fi, /
STATE OF FLORA
~ The foregoing insment was ac~owledged before me ~is /~ day of
/1~5~ ,~004 by David Fulton who is personally ~om to me or
h~ produced~ ~4~ /~&~ ~70 (~ ofidentificat~a~identification.
Silage ofNot~ ~bli; -~t.e of Florida
2
SKETCH OF DESCRIPTION
EXHIBIT ",4"
I
LOT L
25.00 SCALE: r= 40'
240, 77'
~ ~o NO TES:
r-.- "~ THIS IS NOT A SURVEY
'~ (~ --~ ~ _~ ~ : CENTERLAE
' c...
,.~ (~ ~ TOWNSHIP 46 SOUTH, RANGE 45
-~ EAST
~ -~ LOT NUMBER REFERS TO
596.54' UNRECORDED PLA T OF ACRE
~ . ESTATES
240.77' °"~'~d~.. °'"'~d~o'
25.00~
LOT H
E. LINE OF N..W. 1.,/4
__ [ oF SEC. 7/46/4J
DA VIS ROAD (EXTENSION,)
PAUL D. ENGL~
A 25 FOOT EASEMENT, BEING MORE PARTICULARLY SURVEYOR & MAPPpC'R//5708
DESCRIBED AS FOLLOWS:
THE NORTH 25 FEET OF THE SOUTH 240.77 FEET
OF THE NORTH 596.54 FEET OF THE WEST 181.00 DATE: MARCH 24, 2004
FEET OF THE EAST 945.00 FEET OF THE NORTH- O'BRIEN, SUITER & O'BRIEN, INC
WEST QUARTER (N. W1/4) OF SECTION 7, TOWNSHIP CERTIFICATE OF AUTHORIZATION//LB`35,~
46 SOUTH, RANGE 45 EAST, PALM BEACH COUNTY, SURVEYOR AND MAPPER IN RESPONSIBLE
FLORIDA. CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWAY
DELRA Y BEACH FLORIDA ,35485
ORDER NO. 04-55"J" (560 276-4501 (561) 7,32-,32.79
Prepared by: RETURN:
IL Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
PID~:
EASEMENT DEED
THIS INDENTURE, made this II day of /~/)t~t , 20~ by and between
Cinnamin O'Shell, with a mailing address of 3792 Lone Pine Road, Delr~-v Beach, FL 33445-
7601, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of
100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach
County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain,
sell and release unto the patty of the second part, its successors and assigns, a right of way and
perpetual easement for the purpose of: installation and maintenance of utilities with full and fxee
right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well
under, across, through and upon, over, under or within the following described property located
in Palm Beach County, Florid~ to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to affect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or affect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the same
against the lawful claims of all persons whomsoever claimed by, through or under it, that it has
good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
w ss(1) _.
Print Name: //,M~,r~ ~ Pn"flr'N~ame: Cirmamin O Shell
WITNESS (2)
~ri~t Name: ~_~ t~ ~ ]~,.~ - Print Name:
STATE OF FLORIDA
COUNTY OF ~O~t);L/~ /~c/?
The foregoing instrument was acknowledged before me this //(:~ day of
/2~/e~'~/ ,2004 by Cinnamin O'Shell. who~ally ~_~ to
me or has produced /q(type of identification)ss identification.
,~,;~:., Caroljean Sirltlltnature o f Notary Public - State of Florida
£~...;~'.~X Commission #DD225487
~.. '~.~ Expires: Jun 22, 2007 '
",," ^tlantic Bonding Co., ii~
2
SKETCH OF DESCRIPTION
EXHIBIT "A "
LOT T I I
25.00' SCALE: 1": 40'
240.77' o
~ ~' ~ NOTES'
~ ~ ~ TMS ~ NOT A SURVEY
~'~ ~ = CENTERLIME
' ~ ~ SEC. 7/46/45 = SECT~N
~ TOW~ 46 SOUT~ RANGE 4~
.~ ~ EAST
. L 0 T NUMBER REFERES TO
5~.54' U~ECORDED PLA T ~ ACRE
~ . ESTATES
75.00~
LOT P
DA VIS RInD (EXTENSION)
PAUL D. E~LE
A 25 FOOT EASEMEN~ BErG MORE PART~ULARL Y SURVEYOR ~ MAPPER ~5708
~SCR~D AS FOLLOWS:
~ NORTH 2~ FEET OF THE SOUTH 240.77 FEET
OF T~ NORTH 596.54 FEET ~ THE WEST 18~00 DATE: MAROH 24, 2004
FEET OF T~ EAST 1669.00 FEET OF THE NORTH- O'BRIEN, SUITER ~ O'BRIEN, INC
WEST QUARTER (~ ~4) OF SECTION ~ TOWNS~P CER TIFICA TE OF AUTHORIZATION ~LB555
46 SOUT~ RANGE 4~ EASC PALM BEACH COUNT~ SURVEYOR AND MAPPER IN RESPONSIBLE
FLORDA. CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGH~A Y
DELRA Y BEACH FLORIDA ~48~
9RDER NO. 04-55'~" (~60 2~6-~0~ (560
Prepared by: RETURn:
1L Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
PID#:
EASEMENT DEED
THIS INDENTURE, made this ~'~ day of ff~ h ~/ , 200~, by and between
Dale & Karen Morrison, with a mailing address of 3757 Lone Pine Road, Delra¥ Beach, FL
33445-7678, party of the first part, and the CITY OF DELRAY BEACH, with a mailing
address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm
Beach County, State of Florida, party of the second part:
WlTNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain,
sell and release unto the party of the second part, its successors and assigns, a right of way and
perpetual easement for the purpose of: installation and maintenance of utilities with full and free
right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well
under, across, through and upon, over, under or within the following described property located
in Palm Beach County, Florida, to-wit: ~
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this fight is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to affect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or affect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the same
against the lawful claims of all persons whomsoever claimed by, through or under it, that it has
good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WIT?~./~SS(1) PARTY OF THE FIRST PART
By:. x
~t'Name: ~2~3 ~./g///;~ff'~ Print Name: Dale Moflison
wrrNEss (2)
Print Nafll'e: Karen Morrison
STATE OF FLORIDA
COUNTY OF ~
The foregoing instrument was acknowledged before me this ~ day of
~/[~ 2004 by Dale & Karen Morrison who is personally
known to me or has produced .-~ ~ (type of identification) as
identification. ~/~0 ~. ).1~ ~
Signktt rtfe of Notary Public - State of Florida
2
SKETCH OF DESCRIP T/ON
EXHIBIT ",4"
I I
LOT O
I
25.00j ~ ,f. ~---- ;7
.~ ~, .... SCALE: f'= 40'
'-~o,, ,mo,, 240. 77'
I
~ ~ ~ ~ = CENTERL~
~.~ . ~ ~ ~~ ' sec 7/46/4~ = ~CT/ON Z
.~ TOWNS~ 46 SOUT~ RANGE 45
~ ~ FAST
~ ~0[ N~ER REFERS ~0
. I ~ECO~DED ~A [ OF ACRE
J55. 77' ES TA TES
I 25'061 ~or ~
__ C ~ J ~ ~c.~/~J _ _ __
DAVISROAD (EXTENSION)
~SCRBED AS FOLLOWS:
T~ SOUTH 25 FEET OF THE S~TH 240.77 FEET OF
T~ NORTH 355.77 F~T OF T~ WEST ~00 FEET OF DATE: WARCH 24, 2004
T~ EAST 1488.00 FEET OF THE ~RTHWEST ~ARTER O'BREN, SUITER ~ O'BRIEN, INO
{~ ~1/4) OF SECT~N ~ TOW~ 46 SOUT~ RANGE CERTIFICATE OF AUTHORIZATION ~LB353
43 EAS~ PALM BEACH CO~T~ FLORIDA. SURVEYOR AND WAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIOH~A Y
DELRA Y BEACH FLORIDA ~483
ORDER ~. 04-~3"0" (560 276-4~01 {560 732-~279
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delmy Beach, Florida 33444
PID#:
EASEMENT DEED
THIS INDENTURE, made this __ day of · 20~, by and between
James Hylinski, with a mailing address of 3557 Lone Pine Road, Delra¥ Beach, FL 33445-7655,
party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100
N.W. 1st Avenue, Defray Beach, Florida 33444, a municipal corporation in Palm Beach County,
State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain,
sell and release unto the party of the second part, its successors and assigns, a right of way and
perpetual easement for the purpose of: installation and maintenance of utilities with full and free
right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well
under, across, through and upon, over, under or within the following described property located
in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to affect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or affect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the same
against the lawful claims of all persons whomsoever claimed by, through or under it, that it has
good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNES S(1) PART~t~F THE FIRSTf .~,T
Print Nt~me:~.d.~~[~_~S eri~'~t~me: James~nski
wrmmss (2)
PrintName: ~/t~/ (~5'5-/~/t/ PrintName:
STATE OF FLORIDA
county OF
The foregoing instrument was acknowledged before me this Jd~ day of
,2004 by James Hylinski who is personally known to
me or has produced ,~-~s~#,~/~ ~tr~// (type of identification) as identification.
Signature of Notary Public - State of Florida
SKETCH OF DESCRIPTION
EXHIBIT ",4"
~ .f.~--~71
L 0 T E SCALE: 1": 40'
25.00
'9Oo ,90,, 240. 77'
NO TES:
t~ m ' :~0 C~ ~"-~ SEC. 7/46/4J = SECTION 7,
TOWNSHIP 46 SOUTH, RANGE 43
EAST
r~ L 0 T NUMBER REFERS TO
UNRECORED PLA T OF ACRE
I 355. 77' ESTATES
,_ ~ 240. 77'
25.00
LOT A
E LINE OF
DA VIS ROAD (EXTENSION)
PAUL D. ENGLE
A 25 FOOT EASEMENT, BEING MORE PARTICULARLY SURVEYOR & MAP"PER//5708
DESCRIBED AS FOLLOWS.-
THE SOUTH 25 FEET OF THE SOUTH 240.77 FEET OF
THE NORTH 355.77 FEET OF THE WEST 181.00 FEET OF DATE: MARCH 24, 2004
THE EAST 402.00 FEET OF THE NORTHWEST QUARTER O'BRIEN, SUITER & O'BRIEN, INC
(N. 14L. 1/4) OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE CERTIFICATE OF AUTHORIZATION//LB$551
4J EAST, PALM BEACH COUNTY, FLORIDA. SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL 0. ENGLE
2601 NORTH FEDERAL HIGHWAY
DELRA Y BEACH FLORIDA JJ48J
ORDER NO. 04-5,3"C" (561) 276-4501 (561) 7.32-.3279
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. Ist Avenue
Delray Beach, Florida 33444
PID#:
EASEMENT DEED
T}IIS I~DE"TURE, made this ¢~] day of ~ ,Z~t~r; / , 2~,by and between
Michael Keats, w~th a marling address of 3860 Lone Pine Road, Delray Beach, FL 334 5, party
of the first part, and the CITY OF DELRAY BEACI{, with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of
Florida, party of the second part:
WITNESSETI{: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain,
sell and release unto the party of the second part, its successors and assigns, a right of way and
perpetual easement for the purpose of: installation and maintenance of utilities with full and free
fight, liberty, and authority to enter upon and to install, operate, and maintain such utilities well
under, across, through and upon, over, under or within the following described property located
in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this fight is the further fight in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to affect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages Or li6~S enc~b'ering~{S e~ementi ~e party of the first part als6: agrees to
erect no building or affect any other kind of construction or improvements upon the above-
described property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the same
against the lawful claims of all persons whomsoever claimed by, through or under it, that it has
good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
~WI'I~ SS(l) PAR~~FIR~
rint Name: ~t'[[ (.~
STATE OF FLORIDA
The foregoing instrument was acknowledged ~y.~me rhis--~ay of
t~Qt ,2004by MichaelKeatr,~ ~ho is personally kn_~g3~ne or
has produced ( tificatio~) as identification.
mre of Notary Public - State of Florida
JILL LANOIEI~I
Notary Public, State of Florida
My comm. exp. Oct. 19, 2007
Comm. No. DD 259741
2
SKETCH OF' DESCRIPTION
EXHIBIT "A "
LOT X ~ ~----- :7
.; 25.00 SCALE.: f'= 40'
240.77 ,~'~
~ ~ ~ SEC. 7/46/43 = SECTION Z
TOWNS~ 46 SOUT~ RANGE 4J
~ L 0 T ~ER REFERES TO
596.54' ~ECO~ED PLA T ~ ACRE
~ . ESTATES
'-~Oo
240.77' o,..,.~..
2_5.00'
LOT T
E LINE OF N.W.l.z/4
__ [ OF SEC. 7/40/4J
DA VIS ROAD (EXTENSION,)
PA~ ~. EN~E
A 2~ FOOT ~N[ BEIN~ ~0~ PA~T~ULA~L r ~U~VErO~ ~ MAPPER
DESCRIED AS FOLLOW~'
THE NORTH 25 FEET OF THE SOUTH 240.77 FEET
~ ~ ~RTH 596.54 FEET OF ~ WEST ~ DATE: MARCH 24, 2004
FEET OF T~ EAST 20~00 F~T OF T~ N~TH- O'BR~E~ SUITER ~ O'BRIE~ INC
WEST OUARTER (~1/4) OF SECTDN ~ TOWNS~ CERT~FICA TE OF A~THOR~ZA TION ~LB555
46 SOUT~ RANGE 4~ EAS~ PALM BEACH CO~T~ SURVEYOR AND MAPPER IN RESPONSIBLE
FL~IDA. CHARGE: PAUL D. ENGLE
~01 NORTH FEDERAL HIGHWAY
DELRA Y BEACH FLORIDA ~4~
~RDER ~. 04-5~"V' (561) 276-4501 (~61) 7~2-~27~
AGENDA REQUEST
No.__~ Agenda Item
Request to be placed on:
X Regular Agenda Date: August 12, 2004
__ Special Agenda
__ Workshop Agenda When: August 17, 2004
l)eseription of item (who, what, where, how ranch): Staff requests Commission Approval of seven
utility easement deeds within the Lone Pine Subdivision for recordation. It is prudent to record these
easements at this time before the properties potentially change ownership. Attached for your information is
an easement status chart that indicates the current status of the remaining easements required to proceed
with the water main project. The remaining easements will be submitted as they received from the property
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAF~ ATTACHED YES/NO
Recommendation: Staff recommends approval of the easement deeds for recordation.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives _(if applicable)
Account No. & Description
Account Balance
City Manager Review: G/NO ~
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:~EngAdmin~Proj eet sX2003X2003-064\OFFIC IAL~Easement agenda.doc
[lTV OF DELRllV BErI[H""
CITY MANAGER
CiTY ATTORNEY'S OFFICE '°° A
TELEPHONE 561/2i3 7823 o FACSIMILE 561/243-7815
~ POLICE LEGAL ADVISOR
1993 To: Mr. David Harden, City Manager
From: Catherine M. Kozol, //(_,..,
Police Legal Advisor
v
Date: August 4, 2004
Re: Delaire Country Club
Traffic Enforcement Agreement
Attached for your review and insertion on the Consent Agenda are two
originals of the traffic enfomement agreement with Delaire Country Club. The
Agreement will allow the Police Department to enforce state and local traffic laws
on the private roads of Delaire Country Club. The contract shall also mandate
that the Homeowner Associations comply with speed limits set by Florida Statute
and follow Department of Transportation standards for traffic control devices.
The Police Department feels that allowing enforcement of state and local traffic
laws will enhance our presence in the area and have a more direct impact on
crime in that area.
The Association will pay $1.00 per month to cover the costs of
enforcement and has added the City as an additional insured on the liability
insurance policy. A copy of the Certificate of Insurance is enclosed.
If this Agreement meets with your approval, would you kindly place this on
the Consent Agenda at the next scheduled Commission meeting. When all of
the agreements have been signed, I would appreciate it if you would return one
original to me for forwarding to the Homeowner's Association.
Thank you for your courtesy and attention.
Ath/encs.
cc: Susan Ruby, City Attorney
Chevelle Nubin, Acting City Clerk
DELAIRE COUNTRY CLUB PROPERTY OWNERS ASSOCIATION
TRAFFIC ENFORCEMENT AGREEMENT
WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred
to as "CITY") through its Police Department, wishes to make its Community Policing
efforts in DELAIRE COUNTRY CLUB as effective as possible; and
WHEREAS, the ASSOCIATION (hereinafter referred to as "ASSOCIATION")
is desirous of the enforcement of state and municipal traffic laws on its property; and
WHEREAS, both the CITY and the ASSOCIATION feels that such
enforcement will make the Community Policing effort a more positive influence on
the community; and
WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on
private roads pursuant to a written agreement approved by the City Commission
which provides for reimbursement for actual costs of traffic control and enforcement
liability insurance and indemnification and other terms as are mutually agreeable by
the parties.
Now, therefore, for the mutual consideration, covenants, and matters set forth
herein, as of the date set forth below, the parties hereto do hereby agree as follows:
1. The CITY does hereby agree to enforce all state and municipal traffic
laws on all private roads owned by the ASSOCIATION.
2. The enforcement of the traffic laws will occur 24 hours, 7 days a week.
3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to
cover the actual costs of the traffic control and enforcement incurred by the CITY.
4. The speed limit shall be that set by Florida Statute 316.183(2) and
316.189(1) of 30 mph.
5. Signs posting the speed limit must comply with Manual Uniform Traffic
Control Devices used by the Department of Transportation and F.S. 316.189(3).
6. Stop signs must conform to the manual and specifications of the
Department of Transportation as stated in Florida Statute 316.006(2)(b)(3).
7. The ASSOCIATION shall defend, indemnify and hold harmless the
CITY, its agents, officers, officials and employees from any and all claims, suits,
causes of actions or any claims whatsoever made arising from any and all acts
of traffic control and traffic enforcement that occur on the ASSOCIATION'S property
following the date of this agreement. Nothing herein shall be deemed a waiver of
the privileges and immunities granted to the CITY under F.S. 768.28. This
indemnification shall survive the cancellation of this agreement.
8. The ASSOCIATION shall provide liability insurance to cover the
indemnification in the amount of $100,000 and name the CITY as an additional
insured.
9. This agreement shall take effect upon execution and approval by the
Delray Beach City Commission and the Delaire Country Club Property Owners
Association and shall continue in full force and effect until rescinded by either party.
This Agreement shall automatically renew upon payment of the yearly fee.
10. Either party may cancel their participation in this agreement upon
delivery of 30 days written notice to the other party. Cancellation will be at the
direction of the subscribing party.
11. In any action brought to enforce any provision of this agreement, the
prevailing party shall be entitled to the relief sought plus all costs incurred and
reasonable attorneys' fees.
12. The ASSOCIATION, by signing below, affirms that they have read and
understand this agreement and that they have been given the opportunity to have
the attorney of their choice review this agreement.
This agreement made and entered into on this ~),_~-~lx. day of July, 2004.
City of Delray Beach, Florida Delair~e/,~nt~ C.J~/Property
Jeff Pedman, Mayor
President of Association
ATTEST:
City Clerk
Catho~'~fi~ M. Kozol,
Asst. City ^ttomey
JLIL-26-2004 13:52 P. ~)1.,1~1
0~/~6,"04
ONLY AND CONFEES NO ~GNTS UPON THE CERTIFICA~
8~00 ~ ~t~ ~t~eet, ~2000 AL~R ~E C~E~GE AFF~DED BY THE POLICIES BELOW.
:P~ation ~ 33324-32~8
INSURERS AFFORDING CO~G~
Phon~ = 954-474-9700 F~= 9S4-474-2~0~
Delaire Coun~ Club, Inc.
Proper~ ~ers~esoc~at~on,
46%5 White Cedar L~e ~su~o.
Delray ~ea=h ffL 33445 ..................................
COVE~GE~
A '~'] ~MMEI{CIAL GENEraL LI~ILn'Y. ' '['''' r ' ..... C~0-2T8011O-00 ~ 11/30/03 ~ 11/30/04 [ r~R;m~;~nx~m} [~ 1,O00,OOO
, _; ,=~-= ~== I_~.! o==u. I + ~.~..~~.... I.~
A "] ~hY ~o C~0-2780110-00 ~ 11/30/03 11/30/04
~s 1,000,000
i
'A Leased and Rented CP02780110-00 ~ 11/30/03 11/30/04 J., Leased & $237,128
E~i~nt J ' Ded- $2500
Certif~ea2e Holder i~ Additional Insured for ~eneral Liability C~rages
Onl~.
CERTIFICATE HOLDER , Y , AI~XTIoNAL ,NSU.E~ ,MU.ER LETTES: ,~ CANcELaTION .....
300 Wes~ Atl~tic Ave. REP~ENTATIVES, ~
Del~ Be~C~ F~ 33444 A~HOR~DREPRES~NTA~E .................... ~
AC~D ZS~ (tm?) ~ACORD CORPO~TIO~"
TOTRL P. ~1
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/1
SUBJECT: AGENDA ITEM $$ (~ (2~ - REGULAR MEETING OF AUGUST 17. 2004
(3HAN(3E ORDER NO. I/FINAL PAYMENT/CUSTOM BUILT MARINE
CONSTRUCTION. INC.
DATE: AUGUST 13, 2004
This is before the City Commission to approve Change Order No. 1 in the net add mount of
$1,172.99, and final payment in the mount of $15,251.20 to Custom Built Marine Construction, Inc.
for completion of the S.E. 3~ Street and N.E. 4t~ Street Seawall Parks and Veteran's Park Dock
Replacements Projects.
Funding is available from 001-4126-572-46.90 (Parks & Recreation/Veteran's Park/Other
Repair/Maintenance Costs).
Recommend approval of Change Order No. 1 and final payment to Custom Built Marine
Construction, Inc. for completion of the S.E. 3~ Street and N.E. 40' Street Seawall Parks and
Veteran's Park Dock Replacements Projects.
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mydelraybeach, corn
TO: David Harden, City Manager
FROM: Victor Majten ',~onstruction Manager
SUBJECT: SE 3a~ ST AND NE 4TM ST SEAWALL PARKS RE-BID (P/N 2001-039)
Agenda Request; Change Order # 1/Final and Final Payment
DATE: August 10, 2004
Attached is an Agenda Request for Change Order #1/Final in the add amount of $1,172.99 and a request
for final payment in the amount of $15,251.20 to Custom Built Marine Construction, Inc. for the
completion of the SE 3~d St/NE 4t~ St Seawall Parks and Veteran's Park Dock Replacements project, P/N
2001-039.
This change order is for plus/minus quantity adjustments to the contract, installation of drainage to NE 4t~
Street, modifications to existing drainage on SE 3rd Street, additional time and materials required in setting
piles and seawall panels at NE 4th Street, and miscellaneous changes to Veteran's Park docks.
The project is complete with all closeout documentation received. A contractor evaluation is attached for
your review.
Staff recommends approval of Change Order gl/Final in the amount of $1,172.99 and final payment in
the amount of $15,251.20 to Custom Built Marine Construction, Inc. Funding is from account 001-
4126-572-46.90 (Veteran's Park/Other Repair & Maintenance).
cc: Richard Hasko, P.E.; Director of Environmental Services
Randal Krejcarek, P.E.; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
Joe Weldon; Parks & Recreation Director
Rich Connell; Assist. Parks & Recreation Director
Carolanne Kucmerowski; City Clerks Office
Agenda file; 08/17104
Project File; 2001-039(A)
S:~EngAdmin\Projects~2001~2001-039\CONSTRCT~Agnd memo CO#1 Fin CBM 08.17.04.doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. I/Final PROJECT NO. 2001-039 DATE:
PROJECT TITLE: SE 3rd Street & NE 4t~ Street Seawall Parks, Re-Bid
TO CONTRACTOR: Custom Built Marine Construction, 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
Plus/minus quantity adjustments and miscellaneous changes as outlined in attached schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $139,649.06
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $139,649.06
COST OF CONSTRUCTION CHANGES THIS ORDER $1,172.99
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $140,822.05
PER CENT INCREASE THIS CHANGE ORDER 0.8 %
TOTAL PER CENT INCREASE TO DATE 0.8 %
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.
Custom Built Marine Construction, Inc. (Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account 001-4126-57246.90 ($1,172.99).
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
for Environmental Services Mayor
ATTEST:
APPROVED: By:
City Attorney City Clerk
S:~EngAdmin~Projects~2001~2001-039\CONSTRCT~CO1 Fin CBM doc -08.17.04.do¢
SE 3rd St. and NE 4th St Seawall Parks Rebid
PIN 200t -039
Change Order
Schedule A
Contract To Date
Custom Built Madne Construction, Inc. Custom Built Marine Construction, Inc,
ITEM ITEM
NO. DESCRIPTION UNIT QNTY UNIT PRICE TOTAL PRICE QNTY UNIT PRICE TOTAL PRICE (+/-) Difference
1 Site Mobilization / Demobilization LS 1 9,500.00 $9,500,00 1 9,500,00 $9,500,00 $0,00
2 Maintenance of Traffic LS 1 2,500.00 $2,500,00 1 2,500.00 $2,500.00 $0,00
3 Clearing and Grubbing LS 1 4,500.00 $4,500.00 1 4,500,00 $4,500.00 $0.00
4 Pavement Marking and Signage LS 1 2,500.00 $2,500.00 0 2,500.00 $0.00 ($2,500.00)
5 Sodding SY 110 9.10 $1,001.00 259 9,10 $2,356.90 $1,355.90
6 Excavation CY 40 112.50 $4,500.00 40 112.50 $4,500.00 $0.00
7 Pre-Stressed Concrete Piles EA 7 928.58 $6,500.06 8 928.59 $7,428.64 $928.58
8 Pre-Cast Concrete Panels LF 51 213.00 $10,863.00 51 213.00 $10,863.00 $0.00
9 Concrete Cap, 14"x 18"; Cast-In-Place. LF 30 175.00 $5,250.00 30 175.00 $5,250.00 $0.00
10 Concrete Cap, 29"x 36"; Cast-In-Place. LF 51 175.00 $8,925.00 51 175.00 $8,925.00 $0.00
11 Type "E" Inlet with Apron EA 1 5,500,00 $5,500.00 0 5,500.00 $0.00 ($5,500.00)
12 Inlet Box on Pre-Cast Cocrete Pipe LS 1 8,300.00 $8,300.00 0 8,300.00 $0.00 ($8,300.00)
13 Dedication Sign LS 1 1,000.00 $1,000.00 1 1,000.00 $1,000.00 $0.00
"14 Utility Allowance LS I 5,000.00 $5,000.00 0 5,000.00 $0.00 ($5,000.00)
15 Video Allowance LS 1 300,00 $300.00 1 300.00 $300.00 $0.00
16 Indemnification LS 1 10.00 $10.00 1 10.00 $10.00 $0.00
17 Demolition LS 1 7,900.00 $7,900.00 1 7,900.00 $7,900.00 $0,00
18 Tideflex Valve EA 1 11,850.00 $11,850.00 0 11,850.00 $0.00 ($11,850.00)
19 Case II Reflectors LS 1 3,500,00 $3,500.00 I 3,500.00 $3,500.00 $0.00
Total Base Bid $99,399.06 $68,533.54 ($30,865.52
ALTERNATES
............. ..........I
............ .......... :_0_._0_0_t
Total Alternate Bid $40,250.00 ! $40,250.001 $0.00 /
PIN 2001-039
S:\EngAdmin\Projects~2001~2001.039~BUDGET~CBM quantities.xls
Print Date: 8/10/2004
SE 3rd St. and NE 4th St Seawall Parks Rebid
PIN 2001-039
Change Order
Schedule A
* Contir Allowance
14.01 Veterans ParK: Use "Trex" brand material LS 2,514.00 $0.00 2,514.00 $2,514.00 $2,514.00
for decking inlieu of the standard plastic
deck. Install additional stringer as required
~ith Trez for 16"OC spacing.
900 pipe thru seawall panel.
)00 pipe thru seawall panel.
~.-~--~' ;t-e%-.'~' ~'~;r-k~ '~;,7~ i's'~; -a'~'~ ~ ~ ;t'~;~7 -n-e'~;-~iT~ - - - ' £ ~- ............... ~7~755' .......... -S-~ 7~ .............. ~7%~5- ....... -~J~7~ ....... -~,~'7'~'0-¢
Iender bumpers.
'{,~.-~--~ ~'~ [h' ~-t~ ~-n-~-i;~ ;;/' ~ ~; '~/-~' ~: r-o-~;i;~-g' ........ [~' ......... '~ .... §~;~§ ........... -$-~'0-(~ ............. -3~ ~T4~§~' ....... '~§ ~,~7:~ ....... -$-~,-0-.~ ~3'~
intracoastal: add piling, modify panels, and
use flowable fill.
piles and panels to desired depths, billed on
hoedy bases.
Total Contingency $0.00 $32,038.51 $32,038.51
Total Contract $139,649.06 J $140,822.05 I $1,172.99
Original Contract $139,649.06
Previous Chanties $0.00
Contract Amount approved to date $139,649.06
Actual Contract to Date $140,822.05
Change Order #1 $1,172.99
PIN 2001-039
S:\EngAdmin\Projects~001~2001-039\BU DGET~C BM quantifies.xls
Print Date: 8/10/2004
Date: August 10, 2004 AGENDA ITEM NUMBER:~-~
AGENDA REQUEST
Request to be placed on:
Consent Agenda Regular Agenda Workshop Agenda Special Agenda
When: August 17, 2004
Description of Agenda Item (who, what, where, how much):
Change Order #1/Final in the add amount of $1,172.99 and final payment in the amount of $15,251.20,
to Custom Built Marine Construction, Inc., for completion of the SE 3rd St and NE 4th St Seawall Park
projects. This Change Order is for plus/minus quantity adjustments to the contract, installation of
drainage on NE 4th Street, modifying existing drainage on SE 3rd Street, additional time and materials
required in setting piles and seawall panels at NE 4t~ Street, and miscellaneous changes to Veteran's
Park docks.
Funding is available from 001-4126-572-46.90, Veterans Park/Other Repairs and Maintenance.
Staff Recommendation: Approve award of Change Order #1/Final and final payment to Custom
Built Marine Construction, Inc., for the above referenced project.
Department Head Signature: ~~-~--~:> ~r~'/
City Attorney Review/Recommendation (if applicable):
Budget Director Review 0:~quired on all items invo)ving expenditure of funds):
Fun~l~ipg Available:.(~e~JNo Initials: ~
~umber~ ~ '
Accg~nt See above
Description See above
Account Balance: See above
Funding Alterfl~t~ves: --~r appncame)
City Manager Review: ~
Approved for Agenda:/Ye~/No Initials:
Hold Until:x~/
Agenda Coordinator Review:
Received:
SAEngAdminXProj¢cts~200B2001-039\CONSTRCT~agnd req CO#1 Fin CBM 08.17.04.doc
ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden, City Manager
FROM: /~Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item City Commission Meeting August 17, 2004
Request from The Friends of Sandoway House Nature Center,
Inc. - Parking Lot Use for Gala
DATE: August 11, 2004
Action
City Commission is requested to consider a request from The Friends of Sandoway House,
Nature Center, Inc. to grant a temporary use permit per LDR's Section 2.4.6 (H) for the use of the
southern portion of the Sandoway parking lot from 8:00 a.m. November 5, 2004 through noon on
Monday November 8, 2004, and use of the balance of the Sandoway lot and the Ingraham parking
lot for valet parking from 3:00 p.m. until midnight on Saturday November 6, 2004 for their
annual fund-raiser. In addition they are requesting use of the park restrooms and City generator
and are requesting staffassistance for security, barricading, clean up and restroom services.
Backllround
Allached is an event permit and letter I received from Carolyn Pa~ton requesting the use of the
Sandoway parking lot and Ingraham parking lots for their annual fund-raiser scheduled to be held
on the site this year on November 6, 2004 as well as use of the City generator, the park restroom
and staff assistance.
A portion of the Sandoway lot is needed on November 5~h for the tent set up and the balance of
this lot and the Ingraham lot are needed for the event parking.
The Nature Center is preparing to hold this event on site again this year to showcase the center,
coral reef pool and other exhibits.
Barricades would be dropped off at the site and would be set up and the lots manned by
volunteers. Estimated overtime costs for security and restroom services are $300.00.
This item has been reviewed by the Parking Management Advisory Board at their July 27~h
meeting and they recommend approval.
Also attached is a site plan and event budget. This item is before Commission to allow the use of
the parking lots and extend lot closure time.
Recommendation
Staff recommends approval of the temporary use permit for the use of the south end of the
Sandoway lot from November 5th at 8:00 a.m. through November 8th at noon and the use of the
balance of this lot and the Ingraham lot on November 6th from 3:00 p.m. until midnight for the
Sandoway House fund-raiser, contingent on the receipt of the liability insurance certificate and a
hold harmless agreement use of the restrooms and City generator and staff assistance for security
and restroom cleaning.
RAB/tas
Cc: Carolyn Patton
File:u:Sweeney/agenda
Doc: Sandoway House Fund-Raiser 2004
The Friends of Sandoway House Nature Center, Inc.
· A NON-PROFIT
ORGANIZATION DEDICATED TO
SUPPORTINO A NATURE CENTER
IN S HISTORIC BEACHFRONT SE'I'FING ,J~/N )
Board of Directors June 19, 2004 -
William $. Weiss^
Pre~idenl Mr. Robert Barcinski
c~y~ mm Assistant City
Manager
City of Delray Beach
P, ul c~ 100 NW 1~t Avenue
Arm Heiiakka Delray Beach, FL 33444
MdT H~gzins
Dear Bob,
b!an Irwin
An,and, lo^cs We request use of the Sandoway Parking Lot on Saturday, November 6,
2004 for our Fall Fundraiser "Dancing in The Dunes." We would need to
Or. ^,a,.,~ ~at, block offthe parking lot from 8 a.m. Friday, November 5 through noon
Mu:h~d Kr. vll on Monday, November 8.
Anne M~rie Kre~a~k
We also request the use of the city generator. It could be brought over on
~"" ~'"~""~' Friday, November 5 and picked up either at midnight on November 6 or
o~. I. S~o, M~-Owe. afterwards. We will be providing security in the parking lot on Friday
£1.~ ~om, night and Saturday night until midnight. In addition, we would like to use
the Sandoway Park bathrooms for the event. All of these request are the
C~oly~ P,,o~ same as last year. Also, I will need a waiver for consumption of alcoholic
loAnn Pearl beverages from 6:00 p.m. until midnight on November 6.
Hon. Jeff Perlm~n Thank you so much for your help in this matter. Please do not hesitate to
^~i~d, ~a~ey call me if I can answer any further questions.
Claire
Sincerely,
s~roow^~ .ous~ Carolyn
Patton
NATLrRE ~, ~-~ Treasurer
(~l)274-SAND
A
Re,om'ce for Palm
Beth
142 S. Ocean Bbd.
Delrny Be~ch, FL
33483
City of Delray Beach
Special Event Permit
Application' I~ ~ll[
PLEASE PRINT
2001
Event Name/Title: '~.,-.c_,,~ :::[..-, "~;,~,-
EventDate(s): klox~,~,~r ~, ~
EventTime(s): ~:c~ot~prx - t~-',oo
EventSponsor/Producer: ~r-;~,(l~ o-t-t~,~ ~'---~cw~ {-I-~..kl~f~,,-c C,.._,~.-
Event Contact/Coordinator: {~ ~x,~o ~,1 r,
Name: ~-~.ro I~ r°n4~'v-
Address: tc/~. ~a&.JckOc_~o.^ ~,[w0_ Bt.(vq~, ~k [~L
Telephone NUmber:(~¢Z~ ~ - n~ ~ ~ Cellular Number:
E-mailAddress: ~ds~,~%~ gOD - C~
Event Description/Purpose: ~.~ ~ ~-~c~ ,~',~ ~'.,~ ~,',
Sponsor Category (please check) City [] Non-Profit/Charitable [] Private []
Co-Sponsor- Non-Profit/Private ~
(If Non-profit attach proof of 50fc(3) or (d))
Event Location (Describe area boundaries of event/location):
Site plan attached yes ;,~ no
(Site plan required for entire event site)
Event budget attached yes ~, no
(Required for all events)
Serving or selling alcoholic beverages 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
(Waiver required)
Requesting Poli.ce assistance yes ,,~ no
(traffic control/security)
Will supplement with private security yes no /~
(If yes, need plan attached)
Requesting Emergency Medical assistance yes. no ~'
Requesting barricade assistance yes /~' no
Requesting trash removal/clean up assistance yes /~ no
Requesting trash boxes and liners yes ~', no
Requesting stage use yes no ,~/
(If yes, check type)
Largestage covered [] Large stage no cover [] Smallstage []
Half small stage []
Requesting signage . . yes /X/ no
Type: Event sign. 2{' Directional signs-~-"~-~-~-~-~-~-~
Banner hanging 2~ Indicate dates required ~ Ob.5'- ~Lc\r
(Waiver required if more than one (l) week prfor to event)
Food and beverage vendors yes ~' no
If yes, approximate number ~
Health Department approval yes no ,~
Other vendors yes no ,~
Tents yes. 2~ 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 yes. ~ no
(Show on-site map)
2
Will there be fireworks or other pyrotechnics yes no
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas yes /~ no
(If yes, contact Fire 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 yes /~' no
(If yes, indicate ticket prices)
Is reserved parking requested yes ,/~ no
(If yes, indicate locations)
Event Contractor/Coordinator Date
Please print:
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 Only
Date Received 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
3
FROM : SANDOWAY PHONE NO. : 561 2?4 9826 Jul, 30 2004
DRAFT BUDGET FOR 2004 "DANCING IN THE DUNES" L~v-I/NT
EXPENSES
TI/IqT $35O
ATLAS I~qT-ALL $000
M~USIC 5000
LABOR 1000
PRINTING 1000
STAMPS 6O0
TOTAL 17,950
TICKETS* 37,500
UNDERWIRITNG ! 6,000
RAFFLE 4,00O
AUCTION 20,000
TOTAL 77,50O
NET INCOM]5: $59,550
*BASED ON SELLING 250 TICKETS AT $150 EACH
[IT'M' OF DELRI:I't BEFIEH
CITY ITTORNEY'S OFFICE 200 Nw 1st ^V~N~E. DELRAY,~AC., FLORID^ 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278~4755
Writer's Direct Line: 561/243-7090
B..~lca city MEMORANDUM
20O4
TO: City Commission
David T. Harden, City Manager
FROM: Terrill C. Pyburn, Assistant City Attorney
SUBJECT: Authorization to Quiet Title to Three (3) Properties
Recently, the Department of Community Improvement asked our office to quiet
title (pursue litigation in order to ensure that title to the property is insurable) to six
(6) properties for rehabilitative housing purposes. We are already in the process
of quieting title to three (3) of the six (6) properties pursuant to the Commission's
prior authorizations of April, 2003 and May, 2004. The remaining three (3)
properties for which we are currently seeking authorization are: 1025 Mango Drive
(PCN #12-43-46-20-16-000-0540), 1027 Mango Drive (PCN# 12-43-46-20-16-000-
0550) and 1015 Mango Drive (PCN #12-43-46-20-16-000-0510).
Please place this item on the agenda for the August 17, 2004 City Commission
meeting.
Thank you.
TCP:smk
cc: Chevelle Nubin, City Clerk
[ITY I)F DELRrl¥ BEI:I[H
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
,DE~L ~R~Y, B,EAoCH~ Writer's Direct Line: 561/243-7091
~9~3 DATE: August 12, 2004
TO: City Commission
David Harden, City Mana~ger
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Agreement with Chris Evert Charities
The attached agreement between the City and Chris Evert Charities (Charities)
provides for the holding of the annual Chris Ever[ Pm-Celebrity Tennis Classic at
the Tennis Center on December 2-5, 2004. The City shall make a $35,000.00
contribution to Charities with Charities making a $20,000.00 contribution to the
Drug Abuse Foundation of Palm Beach County.
Our office requests that this item be placed on the August 17, 2004 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, Acting City Clerk
Robert Baminski, Asst. City Manager
Becky O'Conner, Treasurer
AGREEMENT
THIS AGREEMENT, made and entered into this __. day of ,200_
by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation
(hereinafter referred to as "CITY"), and CHRIS EVERT CHARITIES, INC., (hereinafter
referred to as "CHARITIES").
WITNESSETH:
WHEREAS, the CITY owns and controls certain property upon which is located the City
of Delray Beach Municipal Tennis Center; and,
WHEREAS, CHARITIES, is desirous of using the Municipal Tennis Center for the
purpose of holding a sporting event to be known as the Chris Evert Bank of Ametica Tennis
Classic ("Classic") at the Tennis Center; and,
WHEREAS, the CITY believes that holding the Chris Evert Bank of America Tennis
Classic at the Municipal Tennis Center (the Site) will grant the citizenry of Delray Beach many
tangible and intangible benefits; and,
WFIEREAS, CHARITIES understands that Coca-Cola Enterprises, Inc. (Coca-Cola)
has exclusive pouting rights at the Tennis Center and CHARITIES shall not enter into any
agreements that would be counter to Coca-Cola's pouring rights in the City unless otherwise
agreed to by CITY, Coca-Cola Enterprises, Inc. and CHARITIES; and,
WHEREAS, CHARITIES also understands that the CITY has an exclusive agreement
with Ticketmaster of Flotida for the sale of tickets for events.
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
1. LICENSE; TERM.
The CITY hereby grants to CHARITIES for December 2-5, 2004, the right and privilege
to stage, use, manage and operate the municipal tennis stadium and necessary surrounding
property for a two Day Classic. CHARITIES' rights shall cover an additional five (5) day period
before the commencement of the Classic to set up necessary facilities and an additional day after
the Classic to remove necessary facilities,
2. LICENSE AGREEMENT ONLY.
This agreement between the CITY and CHARITIES is a license agreement, not a lease
or purchase agreement, and should be construed by a court of competent jurisdiction to be a
license agreement only. Furthermore, this License Agreement does not grant nor is CHARITIES
receiving hereunder any rights to any real property of the CITY nor any property interests except
as set forth in this agreement.
3. FACILITIES AND SERVICES PROVIDED BY CITY.
(a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to
provide, at no charge to CHARITIES the following facilities and production assistance in
connection with the conduct of and staging of the Classic:
(i) use of an 8,200 seat stadium court and three (3) practice courts throughout
the Classic (the "Courts") with "seat kills" to be in place by the CITY to
reduce the seating capacity to approximately 4,000;
(ii) use of a mutually agreed upon number of courtside boxes and skyboxes;
(iii) preparation and maintenance of the Courts throughout the Classic;
(iv) television tower and platform and all necessary electricity to provide power
to the tower and platform throughout the Classic;
(v) a public address system;
(vi) nets, net posts, single sticks, an umpire's chair, linepersons chairs, skirted
tables, end and side line buntings, and numbered seating;
(vii) parking for boxholders, players, sponsors, ticketholders, press, staff, and
volunteers (CHARITIES to implement, manage and staff parking,
including reserved areas);
(viii) all electrical power and one on-site electrician (all costs and expenses are
CITY'S responsibility) for the duration of the Classic (hook-ups not
included);
(ix) adequate space for and operation of concessions, retail booths, etc.
(CHARITIES shall place and operate the concessions and retain all
revenues from its concessions and retail booths);
2
(x) restroom facilities and supplies;
(xi) additional courts for pro-am, clinics, etc., as mutually agreed;
(xii) the use of areas for celebrities, press, press interview, tournament staff,
volunteers, ballkids, officials, ticket office, and VIP hospitality and the use
of locker rooms, as mutually agreed. Areas should include tables, chairs,
furniture and air conditioning, as mutually agreed;
(xiii) on and off-site directional signage;
(xiv) all necessary permits;
(xv) on-site security including security for the celebrities, ticket office, and press
area and overnight security coverage from Friday p.m. through Monday
a.m.;
(xvi) adequate police, fire support and traffic control;
(xvii) teaching professionals to assist with tennis pro-ams held in connection with
the Classic;
(xviii) mutually agreed upon marketing and sponsorship support of the Classic;
and
(xix) access to utilities to include but not be limited to water/sewer,
electric/lighting;
(xx) reasonable use of the gymnasium at the Community Center, including floor
cover as provided by the Community Center; and
(b) During the term of this Agreement (defined below) CITY agrees to pay to
CHARITIES the following amounts with respect to the Classic:
(i) Year Payment Amount Due Due Date
2004 US$35,000 $17,500 On or before Nov. 2, 2004
$17,500 By Dec. 10, 2004
(ii) CHARITIES will contribute (US$20,000.00) to the Drug Abuse
Foundation of Palm Beach County, Inc. by January 3 I, 2005, provided that they receive the above
payments from the CITY.
(iii) If CHARITIES fails to hold the Classic, on or before December 5, 2004
and the CITY has paid the $17,500.00 to CHARITIES, then CHARITIES will refund the
$17,500.00 to the CITY by January 31, 2005. The CITY shall not be required to make the
second payment to CHARITIES if the Event is not held by December 5, 2004.
(c) If CHARITIES has ticket sales greater than $135,000.00 but under $175,000.00
then it shall pay to the CITY 15% of that mount over $135,000.00 but under $175,000.00. If
CHARITIES has ticket sales greater than $175,000.00 then it shall pay to the CITY 17.5% of
that amount greater than $175,000.00 on top of the 15% of the amount greater than $135,000.00.
Such payment shall be due within 30 days of the conclusion of the Classic or within 30 days of
CHARITIES receiving money from ticket sales from Ticket Master, whichever is later, and upon
the submission of an invoice fi.om the CITY to CHARITIES.
4. STAGING AND PRODUCTION OF CLASSIC.
The organization, staging, and conduct of each Classic will be the responsibility of
CHARITIES, which responsibilities shall include the following:
(a) handling ticket and box office sales that do not utilize Ticketmaster;
(b) Obtaining a Classic Director, all personnel involved in each Classic, and the Classic
participants;
(c) Administering the entire Classic;
(d) Setting up each Classic on-site and handling all on-court activities of the Classic;
(e) Soliciting sponsorship sales and television rights sales for each Classic;
(f) Handling promotions, advertising, sales, public relations, and program production
for each Classic;
(g) Liaising with the charity beneficiaries selected by CHARITIES for each Classic;
(h) CHARITIES shall be responsible for site clean-up of restrooms and for garbage
pick-up;
(i) CEIARITIES is responsible for covering courts as set forth in Paragraph 7 if VIP
tents are to be set up or if needed to cover courts used for contents; and
O) CHARITIES shall pay for all dumpsters needed for the event, however, CITY
will arrange to have the dumpsters emptied at CITY'S expense; and
4
(k) CHARITIES shall pay for all expenses relating to phone usage by CHARITIES,
including, but not limited to, hook-up, dial tone, and usage charges.
5. ACKNOWLEDGMENT BENEFITS.
In acknowledgment of the services provided by the CITY in Paragraph 3 hereof,
C}tARITIES agrees that CITY will have the following acknowledgment rights in relation to the
Classic, subject to the provisions of this Agreement:
(a) Recognition of Tennis Center as the Host Site of the Classic;
(b) Inclusion of CITY'S name and/or logo in all print, radio, and television advertising
created by CHARITIES to promote the Classic;
(c) Inclusion of CITY'S name on the front cover of all promotional materials created
and distributed by CHARITIES;
(d) Inclusion of CITY'S name in all press materials;
(e) One (1) full-page promotional acknowledgment in the Official Classic Program
(CITY to provide camera-ready copy in advance of publication deadlines) and
listing on the program cover;
(f) Audio and graphic mentions during the telecast and best efforts to create overview
shots of Delray Beach in the opening of the broadcast;
(g) Sixteen (16) box seats and twenty (20) tickets per session;
(h) Thirty-Two (32) invitations to the Chris Evert cocktail reception;
(i) Four (4) seats at the Chris Evert Black-Tie Gala;
(j) Two (2) center court banners (to be provided by CITY at its sole expense and
subject to the prior approval of CHARITIES);
(k) Use of booth space on-site for promotional purposes (with all material subject to
the prior approval of CHARITIES);
(1) Special ticket offers to attend the Classic;
(m) Participation of CITY in press conferences for the Classic; and
(n) Participation in center court awards ceremony.
6. CLASSIC EXPENSES AND REVENUES.
(a) Subject to Paragraph 43 hereof, CHARITIES shall be responsible for collecting
all revenues generated by, and paying all expenses incurred for, the Classic, except for those
expenses associated with CITY'S obligations set forth herein.
(b) CITY acknowledges that CHARITIES will not pay CITY for any expense
incurred by CITY in conjunction with the Classic unless CITY has submitted a written estimate
of such expense to CHARITIES and obtained written approval from CHARITIES of such
expense in advance.
7. INSTALLATION OF FLOORING.
The CITY shall provide, at CHARITIES' option, up to 10,000 square feet of temporary
flooring for the Classic. CHARITIES shall be responsible for paying all costs up to and not to
exceed three thousand five hundred dollars (US$3,500) for installation of the initial 10,000
square feet of flooring. The CITY shall be responsible for the actual installation of the floor. If
more than 10,000 square feet of flooring is required by CHARITIES, then CHARITIES shall
pay all costs involved in obtaining such additional flooring and for all costs of installation of the
additional flooring.
8. OFFICE SPACE.
The CITY shall provide to CHARITIES office space in the community center and
reasonable use of the board room and ticket window section of the ticket office at a date
beginning upon the Monday preceding the Event and ending one day after the completion of the
event. The exact space to be use by CHARITIES shall be determined as mutually agreed upon
by the parties. In the event the parties cannot mutually agree upon a space, the CITY shall have
the sole discretion to determine the space to be used by CHARITIES. Upon vacating the office
space, CHARITIES shall leave the space utilized in a condition equal to that which existed on
the date CHARITIES occupied the space, ordinary wear and use thereofoniy excepted.
9. FORCE MAJEURE.
If CHARITIES or the CITY is prevented from or interfered with in any manner
whatsoever in fully performing its agreements (including its ability to conduct the Classic(s))
hereunder, for any reason beyond its reasonable control such as any law, regulation, act of God,
earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of a
common carrier (the foregoing all being examples of an "event of force majeure"), then
CHARITIES' and the CITY'S obligations hereunder will be suspended as often as any such
event of force majeure occurs and during such occurrences, CHARITIES' and CITY'S
nonperformance will not be deemed a breach of this Agreement
10. AUTHORIZED AGENT.
CHARITIES hereby designates Chris Evert Charities, 7200 W. Camino Real, Suite 310,
Boca Raton, FL 33433, Attn: Clare Evert Shane, as CHARITIES' authorized agent for all
purposes hereunder. All notices or submissions to be made or delivered by CITY to
CHARITIES pursuant to this Agreement shall be delivered to said address free of all charges,
such as, for example, shipping charges and customs charges.
11. TAXES.
CHARITIES shall be liable for any and all taxes which are or may be imposed as a result
of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited
to, sales and use tax.
12. PROOF OF INSURANCE.
CHARITIES shall provide the CITY with proof of insurance being in force. The type
and quantity of insurance is more particularly set forth in Exhibit "A' to this agreement. Proof of
such insurance shall be due by 30 days prior to the first day of the event. The insurance shall
name the CITY and its designee as additional insured.
13. FINANCIAL RESPONSIBILITY.
CHARITIES agrees, subject to the provisions of this Agreement, to accept all financial
responsibilities for the Classic including, but not limited to, all accounting and reporting as may be
required by law. CHARITIES further agrees to accept sole responsibility for any financial
7
commitments or obligations it incurs as a result of the Classic, and which are not provided for in
this Agreement.
14. OTHER SERVICES AND SUPPLIES.
CHARITIES further agrees that all services and supplies not specifically identified herein
shall be provided by or through CHARITIES.
15. CONCESSION RIGHTS OF CHARITIES.
CHARITIES may sell food, beverages, confections, refreshments and novelties or may,
subject to approval by CITY, contract with another to provide such service except that
CHARITIES will not offer for sale items that are prohibited by the CITY'S agreement with
Coca-Cola of Florida (attached hereto as Exhibit "B"), unless otherwise agreed to in writing by
CITY, Coca-Cola Enterprises, Inc. and CHARITIES.
In providing the concession service, CHARITIES or any person, firm, or corporation
with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply
with the following provisions provided, however, that CHARITIES shall remain ultimately
responsible to CITY for all obligations required of the concessionaire:
a. Concessionaire shall, prior to commencing any activities, obtain any and all
permits and licenses that may be required in connection with the operation of this
concession.
b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for
sale shall be first class and quality, in accordance with the Department of Health
requirements, shall conform to all federal, state, county, and municipal laws, ordinances
and regulations in all respects.
c. Concessionaire may have the option to sell alcoholic beverages at the
Tennis Center. Sale of alcoholic beverages must comply with all federal, state, county,
and municipal laws, ordinances and regulations and must be properly licensed by the State
of Florida.
d. Concessionaire may, at its expense, furnish additional equipment and
fixtures to be utilized in the concession. Concessionaire shall submit plans and speci-
fications concerning fixtures and equipment to CITY for approval prior to installation of
any items. For the purpose of this Agreement, "fixture" shall be defined as anything
annexed or affixed to a building or structure or which appears to be so affixed or annexed,
regardless of whether it is capable of being removed.
e. The Concessionaire shall provide ail maintenance, repair and service
required on all equipment used on the concession.
fi Concessionaire shall keep all fixtures, equipment and personal property,
whether owned by Concessionaire or CITY, in a clean and sanitat3' condition and shall
cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by
CITY. All state health laws and state health department regulations must be strictly
complied with. Ail janitorial services necessary in concession area shall be provided by
Concessionaire at Concessionaire's expense.
g. Concessionaire agrees to dispose of all refuse and garbage, in compliance
with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to
keep outside container areas cleaned at all times.
h. If the concession is operated by a person, firm or corporation other than
CHARITIES, such person, firm, or corporation shall at all times maintain workers'
compensation insurance coverage for all employees which it employs within the areas and
facilities covered by this Agreement, together with the policy or policies of public liability
and products liability insurance and provides limits of at least One Million ($1,000,000.00)
Dollars for combined single limit coverage; provide liquor liability insurance with limits of
at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount
of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they
will not be cancelled or amended without at least ten (10) days written notice to the Risk
Manager of CITY and shall name CITY, its officers, agents and employees as additional
insured.
16. ACCEPTANCE OF TOURNAMENT SITE.
(a) Prior to the Classic, CHARITIES may inspect and examine the Site to determine
that said Site is in adequate and satisfactory condition for the uses contemplated. CHARITIES
assumes full responsibility and liability for all damages, losses and liability caused by conditions on
the Site, which arise once it commences use and occupancy of the Site, and which conditions are
caused by or result from the actions of or failure to act by CHARITIES, its employees, agents or
representatives, or by the actions of or failure to act by exhibitors, independent contractors,
workers or invitees of CHARITIES while on the Site. CHARITIES indemnifies, defends and
holds CITY, and its designee, harmless for any such claims unless such damage, loss or liability
was caused by conditions on the Site which are inherent in the structures involved, or the direct
result of CITY'S (including its employees and agents), negligence or misconduct.
9
(b) CITY, and its designee, shall not be responsible for any damage or injury to, or
personal conduct, safety and welfare of CItARITIES, its employees, agents or representatives,
or exhibitors, independent contractors, workers, and invitees while on the premises and
CItARITIES expressly indemnifies, holds harmless and releases CITY from any and all such
claims, damages, losses or liability associated therewith, unless such claim, damage, or liability is
the result of CITY'S (including employees and agents) negligence or misconduct.
17. REPAIR~ REPLACEMENT AND MAINTENANCE.
CHARITIES shall pay all costs for cleanup, repair and replacement and all damages of
whatever origin or nature, for which it is responsible, ordinary wear and use thereof only
excepted, which may occur during the term of this Agreement in order to restore the Site to a
condition equal to the condition at the time CHARITIES occupies the Site.
CHARITIES shall be responsible for clean-up of the Site during and after the Classic. If
at any time CITY determines that the clean-up services provided by CHARITIES are not
adequate or that said services endanger public health and safety, CITY shall notify CHARITIES
in writing and if CHARITIES falls to clean up after receipt of written notification, CITY may
provide these services. CHARITIES shall reimburse CITY for the costs of providing these
services and for the actual costs of any supplies.
18. TICKET SALES.
All tickets for admission shall contain language approved by CHARITIES and CITY
establishing that the tickets create a revocable license. Prior to the sale of any admission ticket,
CHARITIES shall provide City Manager or his designee with the established selling price of each
type and kind of ticket for his review and approval.
19. ADVERTISING MATTER.
(a) CHARITIES agrees, subject to its rights, if any, under any applicable License
Agreements, to identify the City of Delray Beach as the site of the Classic in all publications,
advertising and any electronic broadcast, and to permit CITY to use CHARITIES' trademark or
any trademark authorized to be used by CHARITIES, and CITY agrees to permit CHARITIES
to use the CITY'S name and logo and trademark during the term of this Agreement solely in the
connection with the Classic. CITY agrees that promotional material created by CITY with
10
regard to the Classic is subject to the approval of CHARITIES. CHARITIES agrees that any
material submitted by CITY will not be unreasonably disapproved, and, if it is disapproved, that
CITY will be advised of the specific grounds of the disapproval.
(b) All printed material and advertising matter to be used prior to or at the. Classic
which include the name City of Delray Beach or its official seal shall be submitted to the City
Manager or his designee for his approval at least two (2) days prior to the proposed use of the
same. Approval shall not be unreasonably withheld by the City Manager or his designee. CITY
agrees that it shall always use the official name of the Classic as designated by CHARITIES and
no other name when making reference to the Classic in CITY'S promotional materials.
(c) If CHARITIES is able to secure television coverage for the Classic,
CHARITIES shall ensure that any such television coverage of the Classic shall specifically
mention the CITY as the host in the opening of each and every broadcast. CHARITIES will use
best efforts to provide CITY with an overview of the City of Delray Beach.
(d) CITY or its designee, at the request of CHARITIES, shall temporarily cover
advertisements, corporate logos or trademarks that appear throughout the Tennis Center, at its
sole expense.
20. EVENT PERSONNEL AND Eq}UIPMENT.
CHARITIES shall provide all personnel needed for the Classic, including, but not limited
to, ticket sellers, ticket takers, ushers, sound technicians and stage hands except as otherwise set
forth in Paragraph 3(a) or elsewhere in this Agreement.
21. POLICE AND EMERGENCY PERSONNEL.
CHARITIES agrees to make arrangements with the CITY Police Department to provide
for CITY police personnel which the CITY determines, in its sole discretion, is necessary for the
Classic. Also, CHARITIES shall contact the CITY Fire Department to make arrangements for
Emergency Medical Technician personnel to be present at the Classic.
22. CITY'S RIGHT TO CONTROL PREMISES.
CITY at all times reserves the right to eject or cause to be ejected from the premises any
person or persons violating or to keep persons from violating any of the rules or regulations of the
11
Tennis Center or any city, county, state or federal laws, and neither CITY nor of any its officers,
agents or employees shall be liable in any manner to CItARITIES or its officers, agents or
employees for any damages which may be sustained by CI-IARITIES through the exercise of this
right by CITY.
23. ALCOHOLIC BEVERAGE LICENSE.
In the event an alcoholic beverage license is required, CttARITIES or its agents shall
apply for and obtain a temporary alcoholic beverage license from the State of Florida Department
of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic
beverages at the Site for the Classic. CltARITIES, or its agents, shall display said license in a
conspicuous place at the Site of the sale and/or distribution of the alcoholic beverages.
CttARITIES shall be solely responsible for timely reporting and remitting the appropriate retail
surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages
and Tobacco. CltARITIES, or its agents, shall strictly comply with all rules and regulations
established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any
other applicable statutory and regulatory regulations.
24. VACATION OF CLASSIC SITE.
CHARITIES agrees to vacate the licensed Classic Site no later than one (1) day after the
completion of the Classic; to leave said Classic Site in a condition equal to that at the
commencement date CHARITIES occupies the Classic Site each year, ordinary wear and use
thereof only excepted, and that CItARITIES shall remove from the Classic Site within five (5)
days following the closing of the Classic, all material and equipment owned by CHARITIES.
25. NON-DISCRIMINATION.
A. That CHARITIES for itself, its personal representatives, successors in interest,
assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does hereby
covenant and agree that:
12
1. No person on the ground of race, color, national origin, age, or sex shall be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
2. That in the construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the ground of race,
color, national origin, age, or sex shall be excluded from participation in, be
denied the benefits of, or otherwise be subject to discrimination.
3. That CItARITIES shall use the premises in compliance with all other
requirements imposed or pursuant to Title 45, Code of Federal
Regulations, Article 80, Non-discrimination under programs receiving
Federal Assistance through the Department of Health, Education and
Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
B. That in the event of a proven breach of any of the above non-discrimination
covenants, the CITY shall have the right to terminate the license and to take possession of said
facilities and hold the same as if said license had never been made or issued. This provision shall
not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are
followed and completed including exercise or expiration of appeal rights.
CI:IARITIES shall not discriminate against any employee or applicant for
employment to be employed in the performance of the contract with respect to hiring, tenure,
terms, conditions or privileges of employment, or any matter directly or indirectly related to
employment because of age, sex, physical handicap (except where based on a bona fide
occupational qualification); or because of marital status, race, color, religion, national origin or
ancestry.
26. CFIANGE IN LAW.
During the term, the CITY reserves the right to restate and/or renegotiate with
CHARITIES such additions, deletions or changes to the license as may be necessitated by
changes in county, state or federal laws relating to the operation of the downtown site. In the
event that the CITY and CHARITIES are unable to reach a mutual agreement on any such
13
addition, deletion or change, that portion of the contract concerning the services involved in the
addition, deletion or change shall be terminated or eliminated.
27. CANCELLATION BY CITY.
The occurrence of any of the following cause this Agreement to be automatically
terminated:
A. Institution of proceedings in voluntary bankruptcy by CHARITIES.
B. Institution of proceedings in involuntary bankruptcy against CHARITIES if such
proceedings lead to adjudication of bankruptcy and the CFIARITIES fails within ninety (90) days
to have such adjudication reversed.
The CITY shall have the right, after fourteen (14) calendar days written notice sent by
registered or certified mail to CHARITIES specifying the amount of payment(s) in default, to
terminate this Agreement whenever the non-payment of any sum or sums due hereunder continues
for a period of ten (10) calendar days after the due date for such payments; provided, however,
that such termination shall not be effective if CHARITIES makes the required payment(s) during
the fourteen (14) calendar day period following receipt of the written notice.
28. DEFAULT BY CHARITIES.
The CITY may terminate this Agreement for cause upon CHARITIES' failure to
perform any of the terms and conditions of this Agreement and such failure in performance not
remedied by CHARITIES within thirty (30) days after receiving notice in writing of such default
or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial
action must begin and be consistently undertaken within thirty (30) days after receiving notice in
writing stating the nature of the failure of performance and the CITY'S intention to terminate if
not corrected and which remedial measures must be completed within a reasonable time set forth
in the notice from the CITY.
29. DEFAULT BY CITY.
CHARITIES may terminate this Agreement for cause upon CITY'S failure to perform
any of the terms and conditions of this Agreement if such failure in performance was not remedied
by CITY within thirty (30) days after receiving notice in writing of such default, or in cases where
14
remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin
and be consistently undertaken within thirty (30) days after receiving notice in writing stating the
nature of the failure of performance and CtIARITIES' intention to terminate if not corrected and
which remedial measures must be completed within a reasonable time set forth in the notice from
CHAR/TIES.
30. NOTICES.
Any notices submitted or required by this Agreement shall be sent by registered or
certified mall and addressed to the parties as follows:
To the City: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To CHARITIES: Chris Even Charities
7200 W. Camino Keal, Suite 310
Boca Katon, FL 33433
Attn: Clare Even Shane
or to such other addresses as either party may designate in writing.
31. INTERPRETATION.
This Agreement constitutes the entire Agreement between the parties with respect to
subject matter hereof and supersedes all prior verbal or written agreements between the parties
with respect thereto. This Agreement may be amended only by written document, properly
authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as
a whole unit and section headings are for convenience only. All interpretations shall be governed
by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other
breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire
Agreement.
32. INDEMNIFICATION.
(a) To the fullest extent permitted by laws and regulations, CHARITIES agrees to
indemnify, defend, save and hold CITY, its officers, agents, employees and assigns and Dubin &
Associates, Inc., harmless from any and all claims, damages, liabilities, losses, causes of action,
15
liens or judgments of any kind or nature whatsoever which may arise out of, in connection with,
or because of the use, maintenance, or operation of the licensed facilities, including but not
limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths
and grassy areas, by CltARITIES or its officers, agents, employees, or independent contractors,
and invitees including but not limited to those resulting from or arising out of(a) by any act done
or words spoken by CItARITIES, its players, agents or employees; (b) any damage done to the
premises or any part thereof caused by the act or omission of either C}tARITIES or any player,
agent or employee of CltARITIES: (c) the breach by CItAR1TIES of any term of this
Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by
CItARITIES in this Agreement. CItARITIES shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection therewith, including but not limited to
reasonable attorney's fees and costs to defend all claims or suits, in the name of CITY when
applicable.
(b) CItARITIES agrees to defend ail actions to which this Paragraph 30 applies, in
the name of CITY provided, however, that CITY reserves the fight to select its own legai
counsel to conduct any defense in any such proceeding which selection shail be reasonable under
the circumstances. All costs and fees associated therewith shall be the responsibility of
CltARITIES under this indemnification agreement.
(c) Such indemnification shall be limited to the amount of commercial general liability
insurance which C}tARITIES is required to obtain under this License Agreement.
(d) Nothing contained herein is intended nor shall be construed to waive CITY'S
rights and immunities under the common law or Section 768.28, Florida Statutes, as amended
from time to time. The provisions of this Paragraph 32 shall survive the execution, delivery and
performance of this Agreement.
33. PERSONAL PROPERTY.
CITY assumes no responsibility whatsoever for any property placed on the Site by
CIIARITIES, its agents, employees, representatives, independent contractors or invitees. CITY
is hereby expressly released and discharged from any and all liabilities for any loss, injury or
damage to such property that may be sustained by reason of the use and occupancy of the Site
under this Agreement, unless such damage, loss or liability is caused by CITY'S (including
16
employees and agents) negligent, reckless or intentional act(s). If any claim or cause of action is
brought against the CITY relating to personal property as contemplated by this paragraph, and
where such claim or cause of action is not founded on the negligent, reckless or intentional action
of the CITY (including employees and agents), then CHARITIES shall defend any such action in
the name of CITY provided, however, that CITY reserves the right to select its own legal
counsel to conduct any defense in any such proceeding which selection shall be reasonable under
the circumstances. All costs and fees associated therewith shall be the responsibility of
CHARITIES under this agreement.
34. INDEPENDENT CONTRACTOR STATUS.
CHARITIES and its employees, volunteers and agents shall be and remain independent
contractors and not agents or employees of CITY with respect to all of the acts and services
performed by and under the terms of this Agreement or for any other reason whatsoever. This
Agreement shall not in any way be construed to create a partnership, association or any other kind
of joint undertaking or venture between the parties hereto.
35. WARRANTY.
Except as otherwise provided for herein, the CITY and CHARITIES represent that they
have, to the best of their knowledge and belief, all rights and authority necessary to fulfill the
obligations hereunder without breaching the terms of any other agreement to which either
CHARITIES or CITY is a party.
36. ASSIGNMENT.
This Agreement shall bind and inure to the benefit of CHARITIES and the successors
and assigns of CHARITIES. The rights granted CHARITIES hereunder shall be exclusive to it
and shall not, without the prior written consent of CITY, be transferred or assigned to any other.
37. RESERVATION OF RIGHTS.
All rights not herein specifically granted to CHARITIES with respect to the Classic shall
be and remain the property of CITY.
38. ENTIRE AGREEMENT.
17
This Agreement constitutes the entire Agreement between CITY and CHARITIES in
respect to the subject matter of this Agreement and supersedes all prior agreements.
39. EXECUTION AND DELIVERY REQUIRED.
This instrument shall not be considered to be an agreement or contract, nor shall it create
any obligation, whatsoever, on the part of CttARITIES or CITY, or either of them, unless and
until it has been signed by representatives of CItARITIES and CITY and delivery has been made
of a fully-signed original.
40. CHARITIES' TAX-EXEMPT STATUS,
All activities and operations of CltARITIES will be consistent with an organization
which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code, by
virtue of being an organization described in Section 501(c)(3) of the Internal Revenue Code. To
conflict with CHARITIES' tax-exempt organization, such obligation is hereby waived by CITY
and shall not be binding upon CHARITIES. In the event any obligation to CITY is waived on
account of the foregoing sentence, suitable alternative arrangements, consistent with
CltARITIES' tax-exempt status, will be made so as to avoid any inequity to CITY.
41. THIRD PARTIES.
Nothing in this Agreement, whether express or implied, is intended to confer any rights or
remedies under or by reason of this Agreement upon any person other than the parties hereto and
their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in
this Agreement intended to relieve or discharge the obligation or liability of any third persons to
any party to this Agreement, nor shall any provision thereof give any third person any right of
subrogation or action over or against any party to this Agreement.
42. VENUE.
Any action brought to enforce the provisions of this Agreement shall be brought in a court
of competent jurisdiction in Palm Beach County, Florida.
43. TICKETMASTER.
(a) CITY or its designee shall provide the services of its facility and box office
through Ticketmaster only for those tickets elected by CHARITIES to utilize such services in
connection with the Classic. These services will be provided in a timely, professional and diligent
18
manner and in accordance with CHARITIES reasonable ticket specifications. CHARITIES
agrees that it will provide facility and box office services for those tickets for which CHARITIES
does not elect to utilize the services through Ticketmaster.
(b) In full payment for the ticket services, CHARITIES agrees to CITY imposing a
two and one half percent (2.5%) charge against ticket proceeds where such proceeds are
generated through credit card sales and five cents ($.05) per ticket for ticket stock. CITY
acknowledges that no other amounts will be charged to CHARITIES (other than payment of
state sales tax) for ticketing for the Classic.
(c) CITY shall pay ninety percent (90%) of all amounts due to CHARITIES upon
completion of the event. CITY shall pay the balance of the remaining ten percent (10%) to
CHARITIES within 60 days after the completion of the event, less amounts for which refunds
have been issued. If CHARITIES fails to hold the event as scheduled, CHARITIES shall be
responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation or
rescheduling, up to the face amount of the ticket price per ticket purchased and refunded plus any
additional credit card fees that may be imposed.
44. APPROVALS. All approvals to be given by a party under this Agreement shall not be
unreasonably withheld or delayed.
IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart,
both of which shall constitute originals, to be executed by its proper officers hereto duly
authorized on the year and date first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk JeffPerlman, Mayor
Approved as to Form:
City Attorney
WITNESSES: CHRIS EVERT CHARITIES, INC.
Name Printed: ~fi64;0 ~,yz.v~- ~
(print or type name) Title: t..(,~ ¢;'/a ('~¢,-x/
19
SEAL
CO TYOF? I
The foregoing instrument was acknowledged before me t~s ~ day of
~~ , 20~by ~~ ~~ of C~S E~RT
CH~TIES, ~C., a ~ I ~- 3 corporation, on behalf of the corporation. He. is
~ally ~own to ~or has produced (as identification).
[ ~,~ ..... T--~ ~[ Si~ature ofSot~ Public
20
[ITY OF DELRFlY BEI:I[H
CiTY ATTORNEY'S OFFICE 200 Nw ,s, ~.VEN,~E. ,~E,~,.^¥ .E^C.. F,~O.,.~^ .444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Pe.L~Y.e,ea.c~ Wnter's Direct Line: 561/243-7091
1993 2oot DATE: August 6, 2004
TO: city commission
David Harden, City Ma...~er
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Consent to Release Covenant
In December of 2002 the Historic Preservation Board granted the COA for the
Mariposa development that converted the property located at 48 SE 1st Avenue
from an ACLF to a mixed use office and residential development. While the
property was operated as an ACLF it was required to have access to the parking
spaces on the property adjacent to it on the north side. This restriction was in a
lease agreement executed between the owners of the two properties and provided
that it was a covenant running with the land and could only be released by the
consent of the City. When the property ceased operation as an ACLF this
restriction was no longer required. The Historic Preservation Board, in December
2002, provided that this requirement be removed while approving the COA for the
Mariposa development.
The current owner of the property that contains the parking spaces has requested
that the covenant be removed.
Please place this item on the August 17, 2004 City Commission agenda. Please
call if you have any questions.
Attachment
cc: Chevelle Nubin, Acting City Clerk
Jeff Costello, Asst. Planning Director
CONSENT TO RELEASE CONVENANT
The undersigned, the City of Delray Beach, a Florida municipal corporation,
being a third-party beneficiary under that certain agreement dated June 15, 1984, and
recorded in Official Record Book 4349, Page 338, of the Public Records of Palm Beach
County, Florida by and between LENA O'NEAL and L. STANLEY PENNY as Lessors
to LEILA F. FLETCHER and JANE H. KUCERA as Lessees; and as assigned Lessees to
JOLLY CHERIAN and SUSY JOHNSON and further assigned to NINAN CHERIAN
and as further assigned to NINAN CHERIAN and JOLLY CHERIAN; and assigned by
Lessor to L. STANLEY PENNY and JO NELL PENNY and further assigned to A.
HOPKINS KENNEMER, JR. and as further assigned to PAMELA B. REEDER does
hereby release that covenant nmning to the City of Delray Beach regarding parking
facilities.
IN WITNESS WHEREOF, the undersigned has signed this insmunent this
day of 2004.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jeff Perlman, Mayor
Approved as to legal sufficiency:
City Attorney
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/u/]
..
SUBJECT: AI~ENDA ITEM # ~r - REGI. II.AR MEETING AUGUST 17. 2004
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REOUEST
DATI6: AUGUST 13, 2004
This is before the Commission for approval of one (1) subsidy award to an eligible applicant/family
under the Delray Beach Renaissance Program for the following property:
· $21,000.00 for N.W. 8~h Avenue
This is for new construction. This subsidy brings the total to 160-homeowner assistance grants
provided under the City Renaissance Program.
Funding for the total amount of $21,000.00 for this subsidy award is available from 118-1924-554-
49.20 (Home Owner Subsidy).
Recommend approval of the funding subsidy under Delray Beach Renaissance Program as outlined
above.
~\City Cletk\asenda rnetm~\Renn~sance Prosxan~08.17-04
MEMORANDUM
TO: David Harden, City Manager
,tx,,,
FROM: Ferline F. Mesidort, C. D. Specialis~,~
THRU: Lula Butler, Community Improvement Direc~' "to~)
DATE: August 6, 2004
SUBJECT: Delray Beach Renaissance Program Subsidy Request
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to one (1) eligible
applicant/family under the Delray Beach Renaissance Program. This subsidy brings the
total to 160 homeownership assistance grants provided under the city Renaissance
Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved
by the City Commission on January 23, 1996. In partnership with the Delray Beach
Community Development Corporation, the TED Center, the Community Redevelopment
Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta
and the Delray Beach Housing Authority, we committed to providing homeownership
opportunities to 80 homebuyers through new construction and acquisition rahab
beginning October 1, 1995 through September 30, 1998. The initial agreement was
extended for a term of one year in 1999 and 2000 by all partners and the City
Commission. A new Memorandum of Understanding beginning October 1, 2001 through
September 30, 2004 was approved by all parties and the City Commission on February
19, 2002.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's parmer and first
mortgage lender. The seminar includes training and information on financial planning,
credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a
comprehensive glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City
Attorney and requires the applicant to maintain ownership/residence for a specified
period according to the amount of the Grant. Grant amounts less than $15,000 per unit
are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts
equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of
10% per year for ten (10) years.
RECOMMENDATION
Staff is recommending City Commission approval to fund a subsidy for one (1) eligible
applicant/family of the following property:
New Construction xxx N.W. 8th Avenue $21,000
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES CENSUS TRACT 67
NAME Johnny L. & Joy L. Haynes
PROPERTY ADDRESS xxx NW 8th Avenue Defray Beach, FL 33444
LEGAL DESCRIPTION TOWN OF DELRAY, S 100 FT of N 297 FT of W 135 FT of BLK
Plat Book 1, Page 3. 12-43-46-16-01-003-0110
% OF AREA MEDIAN HOUSEHOLD INCOME 89% NO. 1N HOUSEHOLD
FIRST MORTGAGE
RATE 5.3750%
LTV 92.20%
PROJECT/SUBSIDY BREAKDOWN
COST OF UNIT $ 125,000.00
COST OF LOT $ 19,122.75
COST OF DEVELOPER'S FEE $ 3,500.00
Estimated Prepaid Items(Lender 1003) $ 2,300.00
Estimated Closing Costs (Lender 1003) $ 6,029.10
Discount $
TOTAL TRANSACTION: $ 155~951.85
FIRST MORTGAGE $ 130,375.00 Branch Banking & Trust Co.
TOTAL SUBSIDY $ 21,000.00 ci of Delta Beach SHIP
Second Mortgage $ 17,500.00
Developer's Fee $ 3,500.00
OTHER CREDITS $ 324.00 Deposit
Estimated Cash To/From Borrower (Lender 1003) $ 4,252.85
Page 1 of 1
Gary R. Nikolits, CFA
Palm Beach County Property Appraiser
Property Mapping System
5.~:~ ~U~ Parcel DetaUs
Parcel Control Number
L(e~, 74434322120080010)
Street lntersect~o~n
By C~ty
- Choose a Municipality -- ,
Range, Townsh{p. Section
iR 35 T S
Legend Palm Beach County Property Map
Map Scale 1:2415
~ Parcel Bo~daP.'
~L~ nunt~e~'
Copyright Palm Beach County 2003
All Rights Reserved - Subject to a License Agreement.
Map produced on 8/13/2004 from PAPA
SHIP/CDBG Affordable ttous±ng
http://gisweb.c~.pa~m-beach.~.us/ipapagis/presentati~n/mapping/printnew.asp?MAPURL=... 8/13/2004
Agenda Item No.:
AGENDA RE(~UEST
Request to be placed on: Date: August 6, 2004
X Regular Agenda
__ Special Agenda
Workshop Agenda
-- Consent Agenda When: August 17, 2004
Description of item:
Authorization and approval to issue subsidy to one (1) eligible applicant under the Delray
Beach Renaissance Program totaling $21,000.00
Note: This applicant brings the total homeownership assistance grants provided under
the Renaissance Program to date to 160.
Recommendation:
Staff recommends approval of the one (1) subsidy award. Funds are to be awarded from
the State Housing Initiatives Partnership (SHIP) Program.
SHIP Total: $21,000.00 Account Number: 118-1924-554.49.20
Head Signature: ~,,~~ ?~X.fix
Department
City Attorney Review/Recommendation (if applicable):
Budget DirectorBeview (req,ui~)e~, n all,items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives: .(if applicable)
Account No. & Description:
Account Balance: /fi( ~]j 00 O --
City Manager Review: ~0 ~x~,
Approved for Agenda: ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # <~ - REGULAR MEETING AUGUST 17. 2004
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: AUGUST 13, 2004
Attached is the Report of Appealable Land Use Items for the period August 2, 2004 through August
13, 2004. It informs the Commission of the various land use actions taken by the des'~gnated 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 memo*\ apagmem.0& 17.04
TO: ~AR~_j~..MANAG ER
THRU: PAUL DORLING, DII~I~rCTOR OF PLANNING AND ZONING
FROM: JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF AUGUST '17, 2004 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS AUGUST 2, 2004 THRU
AUGUST t3, 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 August 2, 2004 through August 13, 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.
No Regular Meeting of the Planning and Zoning Board was held during this period.
A. Approved (6 to 0) FP&L Germantown Substation, Class II site plan modification
associated with the expansion of the unmanned substation by increasing the square
footage of the equipment area and the existing equipment building.
B. Approved (6 to 0) Greek Emporium, Architectural elevations associated with a Class III
site plan modification for an existing restaurant.
C. Approved 5 to 0 (Can Carter stepped down) Highland Groves Estates, Class V site
plan and landscape plan associated with the construction of a 13 unit townhouse
development. The Board tabled 5 to 0 (Dan Carter stepped down) the related
architectural elevations. In addition, the following waivers were considered:
Waivers:
· Approved 5 to 0 (Dan Carter stepped down) waiver to reduce the 5' sidewalk to 4'
along the east side of the interior private street system.
City Commission Documentation
Appealable Items Meeting of August 17, 2004
Page 2
· Approved 5 to 0 (Dan Carter stepped down) waiver to reduce the required 40' sight
visibility triangle to 14' at the intersection of Old Germantown Road.
· Approved 3 to 2 (Dan Carter stepped down, Deborah Dowd and Gary Eliopoulos
dissenting) waiver to eliminate construction of the required 5' sidewalk on the west
side of the interior street.
· Approved 5 to 0 (Dan Carter stepped down) waiver to eliminate the required 2' wide
landscape area between the sidewalk and interior street pavement section.
· Approved 5 to 0 (Dan Carter stepped down) waiver to reduce the required 100'
stacking at the entry gate to 20'.
D. Approved 4 to 0 (Dan Carter and Roger Cope stepped down) I & D Corporation of South
Florida, Class V site plan, landscape plan and architectural elevations associated with the
construction of 6,400 square foot office, 3,020 square foot maintenance building, and
crushed asphalt storage yard subject to conditions.
1. Approved 5 to 0 (Francisco Perez absent and Jeffrey Silberstein stepped down) the COA
and associated Class I site plan modification for Pineapple Podiatry, located at 4 NE 2nd
Street, for a conversion of a single family home to office.
2. Denied 5 to I (Mary Lou Jamison, Randy Schatz, Rhonda Sexton, Jeffrey Silberstein and
Maura Dersh dissented) the "Rooftop Lighting Program" as proposed by the Downtown
Joint Venture and Merchant & Business Association, for buildings along Atlantic Avenue
from Swinton east to Ocean Boulevard.
3. Denied (6 to 0) a change to LDR Text Amendment to LDR Section 4.4.17 to allow multiple
family structures in the RO (Residential Office Zoning District).
By motion, receive and file this report.
Attached: Location Map
Ref/S: Planning/Boards/City Commission/Appealables/August 17, 2004
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
AUGUST 17, 2004
,, r __.~
-, · .......... ~
HPB
f. PIN~P~E ~DIA ~Y A. FP&L GERMANTOWN SUBSTATION
B. GREEK EM~IUM ..... ~Lm~ .....
C, HIGH. ND GROVE ESTA ~S
D. I&D COR~ TION OF SOU~ FLORIDA I ONE UI~
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY
SUBJECT: AGENDA ITEM # r:,-~x - REGULAR MIZIZTING OF AUGUST 17. 2004
AWARD OF BIDS AND CONTRACTS
DATE: AUGUST 13, 2004
This is before the City Commission to approve the award of the following bids:
1. Contract award to C&D Construction, Inc. in the mount of $93,218.42 for the
City Marina Dock and Pier Replacement Project. Funding is available from 426-
4311-575-63.90 (City Marina Fund/Repair/Maintenance/Other Improvements).
2. Purchase award to Chemical Lime Company at an estimated annual cost of
$533,000.00 via the City of Boynton Beach Co-op Bid #069-2821-04/JA for bulk
quicklime for the City of Delray Beach. Funding is available from 441-5122-536-
52.21 (Water/Sewer Fund/Treatment/Storage Division/Chemicals).
Recommend approval of the above bids and purchases.
S:\Ciry Clerk\agenda memo\Bid Memo.08.17.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www. tnyde[raybeach, corn
TO: David Harden, City IV~t~ager
FROM: Victor Majtenyf, ~'o~stmction Manager
SUBJECT: CITY MARINA DOCK AND PIER REPLACEMENT (P/N 2004-016)
Commission Agenda Item, Contract Award
DATE: AUGUST 10, 2004
Attached is an Agenda Request for award of contract with C & D Construction, Inc. in the amount of
$93,218.42 for the City Marina Dock and Pier Replacement project, P/N 2004-016. The scope of work
consists of replacing all decking on the finger docks and piers, dock cross beam repairs, replacement of
approximately 18 dolphin piles, and various concrete repairs to batter piles and seawalls. An alternate
was included for replacement of the vertical wood piling covers on all piles.
The project bid on July 22, 2004, with the lowest responsive base bid from Marine Contracting Group, Inc.
in the amount of $91,440.89, and the add alternate in the amount of $3,000.00, total bid at $94,440.89.
However, the second bid is at $92,418.42 and $800.00, respectively, for a total bid of $93,218.42. On the
basis of the base bid plus the alternate, staff recommends award of contract to the lowest bidder.
Total cost for this contract is $93,218.42 (the base bid of $92,418.42 and the add alternate of $800.00).
Funding is form 426-4311-575-63.90, City Marina Fund/Other Improvements.
The bid tabulation is attached for your review.
cc: Richard Hasko; Director of ESD
Randal Krejcarck; City Engineer
Rafael Ballestero; Dep. Dir. of Constraction
Joe Weldon; Director of Parks & Recreation
Rich Connell; Assist. Director of Parks & Recreation
Carolanne Kucmerowski; City Clerk's Office
Agenda File; 08/17/04
File 2004-016(A)
S :~EngAdmin~Projects~2004~2004-016\C ONSTRC T~agda memo C & D 08.17.04.doe
Date: August 10, 2004 AGENDA ITEM NUMBER: ~'-,~-
AGENDA REQUEST
Request to be placed on:
Consent Agenda Regular Agenda Workshop Agenda Special Agenda
When: August 17, 2004
Description of Agenda Item (who, what, where, how much):
Award of contract to C & D Construction, Inc. in the amount of $93,218.42 for the City Marina Dock and
Pier Replacement project, P/N 2004-016. The scope of work consists of replacing all decking on the finger
docks and piers, dock cross beam repairs, replacement of approximately 18 dolphin piles, and various
concrete repairs to batter piles and seawalls.
On the basis of the base bid plus the alternate, staff recommends award of contract to the lowest bidder in
the amount of $93,218.42 (base bid of $92,418.42 and alternate of $800). Funding is available from 426-
4311-575-63.90, City Marina/Other Improvements.
Staff Recommendation: Approve award of contract to C & D Construction, Inc. for the above
referenced project.
Department Head Signature: ~~~~ ~./~)- 0~
City Attorney Review/Recommendation (if applicable):
Budget ~r~e~to~0~r I~eev~-~ired on all items invol¥in, g expenditure of funds)
- ~ffnding Available:~ No Initials: ~ X////D .~
Account Number See above (~,~/~ ~c~vc~u) //&7~r~,,) v~ 7//a~../O/~
Description See above ~/' ~_~;;/~ ~
Account Balance: See above J~ ?./~4J~ ~t~t~~/~/~
Funding Alternatives: (if applicable)
City Manager Review: ~ ~/~
Approved for Agenda: No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
S:~EngAdmin~Projects~2004L2004-016\CONSTRCT~gnd req C & D 08.17.04.doc
MEMORANDUM
TO: David Harden, City Manager
FROM: Patsy Nadal, Buyer
THROUGH: Joseph Safford, Finance Director
DATE: 8/11/2004
SUBJECT: DOCUMENTATION -CITY COMMISSION MEETING
AUGUST 17, 2004 -BID AWARD -PUCHASE OF BULK
QUICKLIME FROM CHEMICAL LIME COMPANY
VIA THE CITY OF BOYNTON BEACH CO-OP Bid #069-2821-04/JA
Item Before Commission:
City Commission is requested to approve the award for the purchase of bulk quicklime from Chemical
Lime Company via the City of Boynton Beach Co-op Bid #069-2821-04/JA at an estimated annual cost
of $533,000.
Background:
The City of Boynton Beach is the lead agency for this cooperative bid. Bids were received on June 28
2004, from three (3) vendors based on estimated annual quantities of the participating governmental
entities of this co-op bid. (Documentation on file in the Purchasing Office). A tabulation of bids is
attached for your review.
The City of Boynton Beach awarded this co-op bid to Chemical Lime Company at their City
Commission meeting of August 03, 2002. See attached memo dated August 04, 2004 to participating
members of the Cooperative Purchasing Council of Palm Beach.
Recommendation:
Staffrecommends award to Chemical Lime Company for the purchase of bulk quicklime at an
estimated annual cost of $533,000.
The Manager of the Water Treatment agreed to the recommended award to Chemical Lime Company
as stated on attached memo dated August 11, 2004.
Funding from account code 441-5122-536-52.21 (fiscal year 2005).
Attachments:
Tabulation of Bids
Memo from City of Boynton Beach
Memo from Manager Water Treatment Plant
~TP LRB 5612437316 p.1
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
wvmv.delrayesd, com
TO: Patsy Nadel, Buyer, Purchasing
FROM: John M.Bullard - Manager, WTP ~
Subject: Chemical Lime Company - Pebble Quick Lime Fiscal 2005
Date: August 11~ 2004
This confirms my agrec~aent to the award of Pebble Quick Lime to Chemical Lime Company of
Alabama.
An amount of $533,000.00 is being allocated for fiscal year 2005 which will be funded out of'
Account # 441-5122-536-52:21.
~/:lmemos from J Bullard~Patsy Purchasing Chemical Lime 2005.doc
MEMORANDUM
TO: All Participating Entities DATE: Aug 4, 2004
(see distribution list)
FROM: Janet Allen, SUBJECT: "Co-Op Bulk Quicklime"
Buyer, City of Boynton Beach Bid # 069-2821-04/JA
Attached are copies of the following:
· Award Letter to Chemical Lime
· Commission Agenda Memo
· Boynton Utility Department Recommendation
· Tabulation Sheet
· Chemical Lime Proposal
· Bidder's Sign-In Sheet
· No Bid Listing
At the City Commission meeting of Augnst 3, 2004, this bid was awarded to Chemical Lime Company
of Alabama, Inc., Mulberry, Florida.
Contract Period: AUGUST 3, 2004 TO AUGUST 2, 2005
If you have any questions, or need any additional information, please call this office at (561) 742-6322.
DISTRIBUTION LIST:
Tom Fitzgerald - Deputy Director of Utilities
City of Delmy Beach/Patsy Nadal
City of Lake Worth/Tom Anderson
City of Riviera Beach/Bessie Brown
City of West Palm Beach/Dino Derostalng
So. Central Regional WWTP/Dennis Coats
Village of Wellington/James Vollanan
Central File
File
AGENDA ITEM NUMBER: <:~-
AGENDA REQUEST
Request to be placed on: August 17, 2004
Date: August 11, 2004
XX Consent Agenda __. Special Agenda Workshop Agenda
Description of agenda item:
City Commission is requested to approve the award for the purchase of bulk quicklime from
Chemical Lime Company via the City of Boynton Beach Co-op Bid #069-2821-04/JA at an estimated
annual cost of $533,000.
ORDINANCE/RESOLUTION REQUIRED: YES NO X__
Draft Attached: YES NO
Recommendation:
Staff recommends award to Chemical Lime Company for the purchase of bulk quicklime at an
estimated annual cost of $533,000.
Funding from account code: 441-5122-536-52.21 (fiscal year 2005)
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required o~n,all items involving expenditure of funds}:
Funding available: Yes No
Funding alternatives: (if applicable)
Account Number:
Account Description: /_.~.) ~ o~¢'~ ~/
Account Balance: fZ0]~ose. J~ ~
City Manager Review:
Approved for agenda: (~ ~'/t No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~(~ - REGULAR MEETING OF AUGUST 17. 2004
CITRIX LICENSE RENEWAL AND PURCHASE
DATE: AUGUST 16, 2004
This is before the Commission to approve the renewal of forty (40) Citrix Licenses and the purchase
of seventy (70) additional Citrix Licenses from Syntax, Inc. in the amount of $23,540.06 m allow the
MIS Department to install and update software from a centralized point.
Funding is available from 334-6112-519-66.10 (General Construction Fund/Software).
Recommend approval of the renewal of forty (40) Citrix Licenses and the purchase of seventy (70)
additional Citrix Licenses from Syntax, Inc. in the amount of $23,540.06.
S:\City Clerk\agenda menm~\Ciedx Licenses. Symax.08.17.04
MEMORANDUM
To: David T. Harden, City Manager
From: Joseph M. Safford~'~nance Director
Date: August 13, 2004
Subject: Commission Approval of Citrix License Renewal and Purchase
The MIS Division of the Finance Depm~tment is requesting City Commission approval of
the following:
· Renewal of 40 Citrix licenses at a cost of $3,349.06
· Purchase of 70 additional Cilrix licenses at a cost of $20,191
· Total cost of $23,540.06
Citrix is a system consisting of hardware and software that allows MIS to centralize all
computer software. This allows MIS to install and update software from a centralized
point instead of installing the software on 450 individual PC's.
The cost of the 40 licenses is substantially lower than the 70 licenses since we already
own the software and are simply paying the annual maintenance fees. We are actually
purchasing the 70 licenses for the first time. Next year, the total cost will be around
$7,000.
The costs are fixed by the manufacturer but have to be acquired by a distributor. The
City uses Syntax as our Citfix distributor. Funding is budgeted and available in account
number 334-6112-519-66.10.
Please contact this office if there are any questions regarding this item.
Enclosure: Syntax, Inc. Quote dated August 10, 2004
Citrix Licenses Renewal and Purchases
This is a CIP item that needs to go for commission approval.
Citrix is a System comprised of Hardware and Software that allows MIS to centralize computer
software for City users. Currently we have 40 licenses which are used by Police, Fire,
Community Services, and Community Improvement. With all these departments we have
reached our maximum number of licenses. This pumhase will add more licenses to our total
license pool and allow more users on the system without receiving an error messages that there
are "Insufficient licenses to connect at this time".
Citdx licenses are purchased via vendors and they all are based on the same pricing structure
from Citdx.
The quote attached is from Syntax which we have used in the past.
Quoted Items:
Item numbers (2) *SUBXPEREINTB, and *LATEFEE are maintenance renewal contract fees for
40 licenses that the City currently owns in the total amount of $3,349.06.
A late fee was charged because of late renewals. These renewals were sent via email to
employees that are no longer here. This problem has been corrected for future communication
with Citrix.
Items EW24CLE0020 and EW24CLE0050 are 70 new licenses in the total amount $20,191.00.
The cost on these items is for the purchase of the actual licenses and maintenance contracts for
70 licenses. This cost is different then the renewal license above due to the fact that we are
purchasing new licenses and not just simply renewing the maintenance.
Next years Maintenance Renewal for all 110 licenses will be approximately $7,000 dollars. This
item will have to be quoted at the time of renewal due to changing prices year after year.
Any questions please contact me directly.
Ed Del Portillo
7147
MIS
i SyntaxI
ORDER NUMBER: 0011975
DATK: ~/I0/2004
Syntax, Ine. S.~LF..~.R$ON: mis
1451 west cyl~ Creek Road
Suite 300 'I¥~s~IS: Net 30 I~ys
F~t [m~'l,,.,'dale., FL 33309 8Il11' VIA:
Phono: (954) 928-2816
Fax: (954) 941-9540 CUSTOM~.R FO~:
City of Delray Beach City of Delray Beach
100 NW 1st Avenue MIS 100 NW 1st Avenue MIS
Attn: Accounts Payable Attn: Accounts Payable
Delray Beach, FL 33444 Delray Beach, FL 37.~.4
CITRIX METAFRAME .~)F'FWARE MAINTENANCE
~ SUBSCRIPTION ADVANTAGE
~lL'~J~al~,llllql~ Subscription Advantage for License $1.665.77 $1,665.77
E22YZ-2522Q-43FK2-22MHZ-V+?V7 - 20 XPc - Maintenance
provided from 12/01/03 to 08/01/05
*~'lJIIXPllRllll~l~ Subscription Advantage for License $1,128.77 $1,128.77
E22YZ-2522Q-43FK2-234MF-6(wNPB - 20 XPe - Maintenanee
provided from 06/15/04 to 08/01/05
*LATlllll~ Late Fee Charge for Renewal of License $554.52 $554.52
E22YZ-2522Q-43 FK2-22 MHZ-V ~?V7
METAFRAME XPE - 70 CONNECTIONS
~1~24CL1~020 MctaFramc XPc 20-User Connection License Pack with Subseripti~a $5,769.00 $5,769.00
Advantage
~ MetaFrame XPe 50-User Connection License Pack with Subseription $14,422.00 $14,422.00
Advantage
Less Discount: $0.00
Sales Tax: ~.~
AGENDA ITEM NUMBER: ~:~ ~
AGENDA REQUEST
Date: 08-13-04
Request to be placed on:
X Consent Agenda Special Agenda Workshop Agenda
When: 08-17-04
Description of agenda item: Approval of the renewal of 40 Citrix licenses and the pumhase
of 70 additional Citdx licenses for a total of 110 licenses. This is a budgeted line item in our 5-year
CIP Program and funds are available in account number 334-6112-519-66.10. Syntax, Inc. is the
vendor we use to pumhase Citrix licenses from. The costs are fixed by the manufacturer. The
total cost of the 110 licenses is $23,540.06.
ORDINANCE/RESOLUTION REQUIRED: YES NO X
Draft of Resolution Attached: YES NO
Recommendation: Approval is recommended by Finance Director and the MIS Director.
Department Head Signature: ~--~, ~~
Determination of Consistency with Comprehensive Plan: N/^
City Attomey Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Yes X ~ No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda: ~ "~'~' No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved: Disapproved:
FROM:I%~/ WENDY SHAY, H~,T'ORIC PRESERVATION PLANNER
SUBJECT: MEETING OF AUGUST t7, 2004.
APPEAL OF THE HISTORIC PRESERVATION BOARD'S DENIAL OF THE
PROPOSED ROOFTOP LIGHTING PROGRAM.
The action requested of the City Commission is that of consideration of an appeal of the Historic
Preservation Board's denial of the proposed Downtown Rooftop Lighting Program.
The Historic Preservation Board's action was taken on August 4, 2004 and appealed on August 6,
2004 by Marjorie Ferret, Downtown Coordinator. The appeal is being processed pursuant to LDR
Section 2.4.7(E) Appeals.
The proposal involves the installation of rooftop lighting on the buildings that front on Atlantic Avenue.
The lighting will be installed along the roofline of the buildings and will be utilized for city sponsored
special events and holiday activities to draw people downtown. The program initially includes Atlantic
Avenue from Swinton east to the ocean and will eventually be expanded to include all of the area from
1-95 to Ocean Boulevard. The Board reviewed the proposal with respect to the building's within the
Old School Square Historic District, one block east and west of the Swinton Avenue on Atlantic
Avenue. A complete analysis of the proposal is found in the attached Historic Preservation Board staff
report.
At its meeting of August 4, 2004, the HPB considered the Rooftop Lighting Program proposal, and
after detailed discussion, the Board denied the request. The Board's justifications for their denial
related to concerns with respect to aesthetics, imposition of costs and maintenance upon the property
owners, and inappropriateness of the lighting along the downtown buildings. The Board stated that the
lighting was neither necessary nor cost effective and that the lighting would appear garish and gaudy
and it could therefore not be supported. The Board voted 5-1 (Miller dissenting, Perez-Azua absent) to
deny the proposal. The applicant has appealed the denial.
On August 6, 2004, the Historic Preservation Board's action was appealed by Marjode Ferrer,
Downtown Coordinator with the Delray Beach Joint Venture. The applicant's request for appeal is
based upon the assumption that the Board's findings were unfounded based upon the following facts:
· That the costs are reasonable;
· That the affected property owner's are in favor of the proposal;
· That aesthetic concerns have been addressed during research of successful existing
programs; and,
· That the program will serve as an economic stimulus for downtown business directly
participating in the program.
City Commission Documentation
Meeting of August 17, 2004
Appeal of HPB Action - Rooftop Lighting Program
Page 2
Therefore, the applicant is requesting that the Historic Preservation Boards' decision to deny the
rooftop lighting program be overturned.
Commission's discretion.
Attachments: HPB Staff Report
Appeal Letter
HISTORIC PRESERVATION BOARD 1
Project Location: Atlantic Avenue, 1-95 to Ocean Boulevard and Pineapple Grove Way
Project Agent: Downtown Joint VenturefMcrchant & Business Association
ITEM BEFORE THE BOARD
Consideration of approval of the proposed "Roo~op Lighting Program" developed by the
Downtown Joint Venture in collaboration with the Downtown Merchant and Business
Association. The program incorporates all properties along Atlantic Avenue from 1-95 to
Ocean Boulevard and along Pineapple Grove Way.
BACKGROUND:
The Downtown Joint Venture, responsible for the marketing and development of the
"Rooftop Lighting Program", is designed to attract more people to the downtown area
during the holiday season creating a spectacular holiday destination point for downtown
Delray. It is based on the fact that light has a special appeal to everyone, especially
during the holiday season.
Joint Venture will use materials purchased from Christmas Designers Inc. consisting of
14 AWG stranded wire with a thermoplastic rubber-coated plug for safe connection to the
electrical outlet. Each cord has a candelabra base sealed with a rubber washer to prevent
corrosion from moister and the elements. Each candelabra base holds one, 130 volt, 7
watt commercially-rated 3000 hour bulb. The lights will be installed along the top roof
line architectural elevation of the buildings. Each building will be permitted in
compliance with applicable building and electric codes. Some sample building photos
are attached for your reference.
The lights may be installed between September and October 2004 and would remain up
year-round for other City or J6int Venture-sponsored activities throughout the year, Art
& Jazz on the Avenue and July 4th Celebration. The Board is asked to consider the
aesthetic appropriateness of this project for the downtown area and the proposed
frequency of use.
STAFF RECOMMENDATION:
Staff is recommending that the Board consider approving the "Rooftop Lighting
Program" as proposed by the Downtown Joint Venture and Merchant & Business
Association, establishing the number and frequency of use for the same.
Attachments
7/29/04
July 28, 2003
Dear Property Owner or Management Company:
The Downtown Joint Venture in collaboration with the Downtown Merchant and
Business Association has been working on a Rooftop Lighting Program to be unveiled
for the holiday festivities in December 2003.
The initial approvals have been granted by city staff as well as the historic preservation
staff to proceed to the next level, which is the most crucial in order for this exciting
program to be implemented. This next step involves you, the property owner or property
management company in some cases.
Attached is the schedule of activities for the holiday season, which begin on Saturday,
November 29m and will extend through New Years First Night Celebration. We have
been working with Christmas Designers Inc., the finn that provided us with the 100-foot
tree as well as the mechanical elves. Attached is what we think will be the most asked
questions of this program as it pertains to your building. It is imperative that all of the
property owners participate with this program, as the lighting must have a
continuous seam from 1-95 to Ocean Boulev~ird and along Pineapple Grove Way.
We have negotiated a cost per foot based on the complexity of each roofline and have
also negotiated a 3-year payoff including installation. The lights would be installed
during September/October and would remain up yeat>rotmd for other City or Joint
Venture sponsored activities throughout the year, such as Art & Jazz on the Avenue and
July 4th Celebration. There are also attached some sample building photos, specification
for the electrical materials as well as the insurance coverage verification from Christmas
Designers.
This is the Bottom line
We need you to participate with this program and allow us to schedule a meeting
with you and the lighting company to discuss your individual building needs and
costs. Unless every property owner participates~ this project will not get final
approval from the City Commission.
__ Yes! My property / properties will participate in the Rooftop Lighting Program
for the 2003 Holiday Season in downtown Delray Beach.
Name Property Addresses Phone number
Please return completed form to Marjorie Ferret by mail or fax: 561-278-0555 no
later than August 15t~.
DELIL~,Y BEACH }OINT VEN'IURE ·Con, munity Redevelopment Agency ' Delray Beach Chamber of Commerce * Downtown Devetopment Authority
64-A S.E Fitth Avtnue, Delray Beach, FI_ 33483 · Tel: 561-279-1380 Ext 16 · [;ax: 561-278~3555 · ~,~xv.delrayheachvillagebythesea.com
DELRAY BEACH'S
FAMOUS
IO0-FO 0 T CHRIS TMA S TREE
&
FIRST NIGHT 2004
Office Depot International Holiday Festivities 2003...A community
celebration of the Holidays, focused on the famous 100 foot Christmas Tree that
represents the 100 years of Delray's history.
International First Night 2004. A community celebration of the New Year
through the arts. It is a visual and performing arts festival created by and for the
community to welcome the New Year.
History... During the month of December, Delray Beach will demonstrate its
hometown Ali-America City harmony with weeks devoted to a series of holiday
festivities, culminating with the First Night Celebration 2004.
Activities include... Holiday Tree Lighting Ceremony... Art & Jazz on the
Avenue... Holiday Boat Parade... Holiday Parade Downtown... Breakfast with
Santa... Kid's Day at the Tree... Snow! Snow! Snow!... Holiday Toy Drives...Ice
Skating Rink... Holiday Carousel. All-America Family First Night 2004...and more!
NEW!!
Spectacular Rooftop Lighting Display
on buildings along Atlantic Avenue and Pineapple Grove Way.
Attendance... Last year, over 500,000 visitors shared in the festivities in
downtown Delray Beach focused around the 100 foot Tree, with an additional 30,000
attending First Night.
Location...The tree festivities will take place on the grounds of Old School
Square, the cultural center of the downtown. Other sites throughout downtown will
become venues for a variety of very special holiday and First Night 2004 activities.
Participation... The uniqueness of the 100-foot Christmas Tree and the arts
celebration of First Night sets the stage for innovation and public interaction through
many community activities in Delray Beach, where everyone is a participant.
DELIL~,Y BEACH JOINT VENTURE · Community Redevelopment Agency ° Delray Beach Chamber o£ Commerce ° Downtown Development AuthoriV/
64-A S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-279-1380 Ext 16 ° Fax: 561-278-0555 · ~w.delrayl~eachvillagehythesea.com
OVE V. EW
We at ~:l)~t~tms~ ~B~iga~r~ feel very strongly that lighting the various buildings, Ci~,
Historical and Retail, will create a very special appeal for all that come to the City of
Delray Beach, especially during the Holiday Season
With the tallest tree in Florida on display and the numerous Holiday Events that occur, it
has been our experience, that lights draw psople For example, many years ago when
the National Enquirer was hoslJng their Holiday Event, it brought thousands of people to
Lamana. The same objective will happen in Downtown Delray Beach. The proposed
building lighting project will bring more people to the Downtown Area and the vast retail
sector, from Atlantic Avenue to the beach, that might not happen during the Holidays
and special events throughout the year.
The overall goal of all parties involved is to accomplish the creation of a Spectacular
Holiday Destination Point for the City of Deiray Beach and bring ali of Atlantic Avenue
together with the tree to create the Holiday Destination Point, simply being the City of
Delray Beach.
3124 NW 16'th Terrace · Pc-~pano Beach, FL 33064 · (954) 973~4225 ,~ FL 1-8C0~432-5139 · FAX (954) g73-0914
Christmas Designers, Inc.
Light Line Installation, Takedown & Service
Most Commonly Asked Questions
How are the lights attached to each building?
The type of attachment method varies depending on the type of material the building is made of.
Materials can include, wood, concrete, stucco, styrofoam core material, tile, or various other
materials that can alter the way we have to install the lights. When deciding on the type of
method used to install the lights, we also have to take into account the age of the building as well
as regulations by the Historical Society that might not allow us to use certain attachment
methods. All methods must first be approved by the appropriate Historical Society committee.
How long will the cord and bulbs last on the buildings?
The life expectancy of the cord and bulbs varies greatly depending on the amount of time per
year the lights are installed. Weather conditions also play a significant role in the life expectancy
of the cord and bulbs.
Each bulb used in our light line is factory rated for 3000 hours, however, this rating is und6r
optimum conditions. We have found that 2000 hours seems to be a more accurate estimate,
which can vary depending on various factors including; handling method, electrical service
quality (i.e. high voltage, low voltage, power surges, etc.), and weather conditions.
The life of the cord varies greatly depending on the amount of time each year the lights are left
up. If the lights are up year round, the cord can be expected to last between two and three years,
depending on weather conditions. If the lights are left up on a seasonal basis and then removed
after the holiday season (September to January), the cord should last for approximately five
seasons.
What type of wire and components are used for the light line?
Christmas Designers light line is made from the following: The cord consist of 14 AWG stranded
wire with a thermoplastic rubber coated plug for safe connection to the electrical outlet.
Attached to the cord are the candelabra bases (c7) sealed with a rubber washer to prevent
corrosion from moisture and the elements. Each candelabra base holds one 130 volt, 7 watt
commercially rated 3000 hour bulb.
How much electrical do we need?
The amount of electric needed for each building depends on how many feet of light line are
installed on the building. The easiest way to determine the amount of electricity that you will
need to have is by using the following formula:
Number of feet of cord X 7 watts = total wattsY115 volts = Amps needed
For example, if the building requires 375 feet of cord to be installed, the total number of amps
needed would be 23 amps. (375 X 7 = 2625/115 = 22.8 amps)
How does the service on the lights work?
During the holiday season, our complete service package is built into the price of the lights. Our
standard, seasonal service goes from Thanksgiving to January 2. We have service crews in the
Delray Beach area at least throe nights a week to repair or replace any broken or damaged bulbs,
cord, or plugs. Please note that our standard service package does not include free repair of
vandalized lights or cords.
After season, we have various service packages available if the lights are to be left up on a year
round basis.
What ifI want to repaint or remodel my building?
In cases of repainting or remodeling a building, the lights would have to be removed until the
renovation is complete. In order to reinstall the lights, there would be an additional reinstallation
charge.
When would you begin installing the lights?
In order to make sure the lights are completely installed and fully operational by Thanksgiving,
we would need to be able to begin installing the lights as early as the first week of September.
This allows us plenty of time for unknown weather conditions, possible electrical problems, or
any other unknown variable that might cause the installation to take longer than anticipated.
How long would it take to get all the lights installed?
The amount of time it would take to install all of the lights would mainly depend on the overall
size of the job. Of course the more lights there are, the longer it would take and the larger the
workforce would have to be to complete the task. Another factor that plays a big role in the
timeliness of installation is the weather. A closer estimate on the amount of time it would take
can be calculated once we have a better idea of how many feet of light line the job would consist
of.
How is the pricing of the lights determined?
The way we price our light line installation is determined by a couple of factors. The most
important factor used to determine the pricing is what type of equipment we need to utilize to
gain access to the building in order to install the light line.
The other factor in determining the price is the type of structural material that we will be
attaching the lights to. Some types of building material are much more difficult and much more
time consuming to install light line on. As a result, this is reflected in the pricing.
Now entering its seventh season, "Bright Nights at Forest Park" is New England's single most popular
holiday destination, with an enormous impact on tourism in the Pioneer Valley: Area accommodations,
attractions and restaurants have been quick to recognize the value of the event, and many have
partnered with event organizer, Spirit of Springfield in offering packages to tourists.
In 2000, 883 tour buses and 52,047 cars came through "Bright Nights at Forest Park," with the
passengers eating meals, staying in hotels, and visiting other area attractions before and after their visit
to the park. Total event attendance is estimated at 1.7 million.
In addition to tourism dollars generated by "Bright Nights at Forest Park," the event has paid $4.8
million to area vendors, including $521,600 to the Springfield Police Department and $385,000 to the
Springfield Park Department.
Economic Impact of the Spirit of Springfield
The Spirit of Springfield is a private, nonprofit organization incorporated in 1989 upon the closing of
the Mayor's Office of Community Affaim Producing quality, family-friendly events that inspire pride
~nd happiness in the community, the Spirit of Springfield is an established economic generator. In
addition to exerting a positive influence on the direction of the city, the organization acts as a
community resource, improves the image of the city, and enhances the quality of life here.
In the organization's ten-year history, the Spirit of Springfield has grown from a staffofthree producing
four events to a staffoffive producing nine annual events. Led by President Judith A. Matt, the Spirit
of Springfield is often called upon by city departments and community organizations to assist with
special events, such as mayoral inaugurations, police academy graduations, and a visit by President
William Clinton.
In addition to "Bright Nights at Forest Park," the Spirit of Springfield produces a full calendar of
popular and successful events, including the "World's Largest Pancake Breakfast," recently named a
Local Legacy Event by the United States Library of Congress, "Peter Pan Taste of Springfield," "Star
Spangled Springfield," "Parade of the Big Balloons," and more.
The Spirit of Springfield has entertained some 5.7 million people with its diverse repertoire of events.
The organization impacted the local economy by paying $11.6 million to area vendors over the past ten
years. Corporate contributions totaled $1.6 million, and in-kind contributions amounted to more than
$3.5 million.
Pigeon Forge Department Of Taurism · P.O. Box 1390 * Pigeon Forge, TN 37868 * 1-800-947-9669 * www.pigeonforgepr.com
FOr immediate release: For more lnformatioa call:
April 26, 2002 Kay Powell, 453-8574
PIGEON FORGE WINTERFEST CONTINUES WINNING WAYS
Pigeon Forge, Tenn.--Pigeon Forge Winterfcst, a three-time winner of thc
~ Southeast Tourism Society's Festival of the Year Award, recently completed
its 12m year, and tourism officials are celebrating the event's most successful
year to date.
: Winterfest take~ place over a three-and-one-half-month period, mid-
November through February. The city's gross receipts for 2001-2002
Winterfest show an increase of 177 percent over the same four-month period
twelve years ago, prior to the ,b~,glnning of the event.
Comparing the same time periods, Pigeo,n Forge attractions show an
increase of 553 percent in gross business receipts, while the city's lodging
industry showed a 480 percent increase.
"We're especially proud of this Wintcrfegt," stated~K_ay Powell,
a.s.sistant director, P_ig.eon For~e Department of Tourism. "Last year was
particularly difficult for many in the tourism industry, and for Pigeon Forge to
come through the winter months with such positive numbers speaks highly of
our city and the people who work so hard to produce this outstanding event."
For information abOUt Pigeon Forge Winterfest 2002-2003, call
1-800-251-9100 or visit ww~.mvpilte:.onfore,.¢om END
Edi¥ora, ' note: Visit ._w~._ w.~>i~¢onforoeor.com for more information about Pigeon Forge.
DELRAY BEACH CHAMBER OF COMMERCE
Preliminary Estimated Light Line Costs
CLASS I BUILDINGS
Simple architectural lines with easy installation logistics without lift equipment
$3.50 per foot to $4.25 per foot per season
CLASS II BUILDINGS
Simple to moderately intriCate architectural lines with a more complex installation utilizing
lift equipment
$4.50 per foot to $7.00 per foot per season
LIGHT POLE DECORATION CONCEPTS
$250.00 to $500.00 per season
The material contained herein is the property of CHRISTMAS DESIGNERS, INC.
Reproduction, copying, or use without prior consent is strictly prohibited.
'tkl~delraybeach-cofc\03prop.wpd CI)t'i~tma~ ~g~iE~gt'~, ~Jll£. Pompano Beach, Flodda
Estimated Costs of Buildings Shown
A) THE COLONY HOTEL
Class II building, approximately 1250' @ $6.00 per foot
$7,500.00 per season for three seasons
B) FROM THE COLONY HOTEL WEST TO ROTELLI'S
Class I buildings, approximately 250' @ $3.50 per foot
$875.00 per season for three seasons
C) ATLANTIC ANTIQUE MALL
Class II building, approximately 800' @ $5.00 per foot
$4,000.00 per season for three season
D) FROM ATLANTIC ANTIQUE MALL EAST TO JASON LORD
Class I building, approximately 950' @ $3.50 per foot
$3,325.00 per season for three season
The material contained herein is the property of CHRISTMAS DESIGNERS, INC.
Reproduction, copying, or use without prior consent is strictly prohibited.
",k~delraybeach-cofc\03prop.wpd ~l~i~t~aS ~e~il~, ~a[. Pompano Beach, Florida
DELRAY BEACH CHAMBER OF COMMERCE
Estimated Costs of Buildings Shown
A) City Hall
Class I building, approximately 900' @ $3.50 per foot
$3,150.00 per season for three seasons
B) Police Department
Class II building, approximately 475" @ $4.75 per foot
$2,256.25 per season for three seasons
The material contained herein is the property of CHRISTMAS DESIGNERS, INC.
Reproduction, copying, or use without pdor consent is strictly prohibited.
\kl~delraybeach-cofc\O3prop.wpd C~,i¢c~a~ E)e~i~Jnel'% Inc. Pompano Beach, Florida
07/3i/2003 10;85 9549730914 CD! EHTEF~'F~I~ES P~,GP 82
COMM£RClAL UMBRELLA LIABILITY
POLICY DECLARATIONS
~ BY; N~IONWiDE MUTUr~L INSURANCE COMPANY-
[ ,OLIC¥ ,UM,~R 't
77-CU-689-~0-O0~D I
tn~ured CHRIST.S DESIGNE~ INC
~d~ 3~24 NW 16TH ~R~
POMPANO ~ FL ~
[~ Partnership [] Umlted Llebilit7 Company [] Corporation
Period: From 06 01 2003 to 06 01 2004 At 12.~1ANi, 8tande~ 11me, at yo~ address as ~at~d herein~
?.tdule of Underlying Inauranc~:
~mpr, Po~. covara_g~ L~te
· .i~n6umnce Company
,~, ~8~,-5~6~0:0.00~? General LiablHt~ $2,000,000 GENEP'~a.L AGGREGATE
:;,t.O3 to 06_01 _04 $'1,000,000 PRODtCOMPOP~-RATIONS
$1~000,0{~0 EACH OCCURRENCE
' Ineu rance/t.iablllty:
Occurrenoe Limit: $
A~lgregate Limit: $ 1,00~, ,000
$ NONE
I~remlum: $ 450~
~ and Enriersemards marie part of fils policy,
CAS 3231A-0496 CAS 2527B-0794 CAS 4105-1289 CAS 3605A-1197 CAS 3272-0186
CAS 4270.0600 CAS 4297 CAS 3299A-OB97 CAS 3243-0186 CAS $270-0186
CAS 3262-0186 CAS 3277A-1289 CAS 3279 CAS 6233-1102
t of cancellation by you, we shell receive end retain sot less tiles $ _100.00 as the Minimum Premium.
)f Issue: LHP 08-04-03 Issuing Office: P.O. BOX 147080
~---N-~'VJLLI~, FL 32~$4
Agent & No. D G BRiTTEN C~=C CLU, ~213719-09
MYDELRA YBEA CH. COM
City of Delray Beach
Administrative Services Memorandum
TO: David T. Harden, City Manager
FROM: ~ Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item City Commission Meeting August I'/, ~OO~
Funding Request Roots Cultural Festival, Inc.
DATE: August lS, ~O0~
ACTION:
City Commission is requested to consider a funding request received from Ms. Elizabeth
Wesley for Roots Cultural Festival, Inc. expenses.
BACKGROUND:
This item was discussed at last weeks Commission Workshop. Commission requested
additional information. Attached is the information requested which was provided by Ms.
Wesley. This includes a financial report for the 2004 event as well as a recap of outstanding
debt for 2003 and 2004. Funding in the amount of $13,530 is available in account code 001-
6311-572-83.01.
RECOMMENDATION:
Staff recommends consideration of a request to provide funding assistance to Roots Cultural
Festival, Inc.
RAB/tas
File:u:sweeney/agenda
Doc:Agenda re Funding Request Roots
I OOT$
CULTURAk
FESTIVAL, INC.
A Celebration of Uni~ and Culture
August 12, 2004
Mr. Robert Barcinski, Assistant City Manager
City of Delray Beach
100 N. W 1~t Avenue
Delray Beach FL 33444
Dear Mr. Bareinski:
As you are aware, the 27th Roots Cultural Festival culminated on Sunday, August 8th.
Though we had to travel some "rocky roads", we finally arrived!! When we moved
the three-day event from Pompey Park to the new site, we experienced some opposition.
From the community. This, coupled with heavy rains for two years, caused a financial
challenge that we are dealing with.
I have enclosed the information requested by the Commission. Should you have
questions, please feel free to call me at 278-1013.
Thank you for the support you have given us, and we look forward to better things in the
future.
Sincerely,
Elizabeth J. Wesley
Interim Executive Director
P.O. Box 2654 Delray Beach, FL. 33447 · [561] 274-0365
Roots Cultural Festival. Inc.
~$ummer Days of Roots~
2004 Financial Report
REVENUE
t. Festival Gate (3 days) ............................. $12,834.00
2. Adult Basketball ...................................... t t,585.00
3. Youth Basketball ...................................... t0,091.00
4. Tennis ..................................................... 5,48t.00
5. Vendor Space ........................................... 2,900.00
6. Coronation/Appreciation Luncheon ............ 2,58t.00
7. Souvenir Booklet Ads ................................ 2,4t9.00
8. Soda Booths ............................................. t,284.41
9. Prayer Breakfast ....................................... 895.00
t0. Dedication ............................................... 477.00
tl. Play ....................................................... 440.00
12. Gospel Fest ............................................ 30t.00
13. Souvenir Booklet Sales ............................ t40.00
14. Youth on Parade ....................................... t34.75
t5. Sponsorships, Grants, Contributions ........ 30,000.00
Palm Beach County ........................ $15,000
(City Loan to Cover until reimbursed)
Palm Beach County School Dist ......... 5,000
WARC ............................................ 5,000.
(includes $2,500 from DDA)
CRA ............................................... 1,000
DDA ............................................... 1,000
Frederick & Ebony Calloway Spencer....1,000.
Jennifer M. Smith .............................. 1,000
Jounice J. Hill ................................... 1,000.
Other Donations....'. ............................. 200.
· Total Revenue ................................................. $81,763.t6
Roots Financial Report-Summer 2004 continued
Page 2
Expenses
1: Entertainment (Artists) $21,980.00
2: Entertainment (Riders) $8,595.00
3: Academic Olympics $5,000.00
4: Basketball (Youth) $4,830.00
5: Basketball (Adults) $5,541.57
6: Tennis $2,053.36
7: Advertising (Radio) $3,900.00
8: Fencing $3,487.00
9: Port-O-Lets $1,030.00
10: Private Security $2,545.25
11: Light Towers $537.86
12: Parade $500.00
13: Prayer Breakfast $88.54
14: Play $350.00
15: Gathering Seminar $72.79
16: Vendor Applications (Printing) $444.29
17: Festival Application (City) $200.00
18: Wrist Bands $234.00
19: Material for VIP Badges $25.12
20: Refreshments for VIP Reception $50.00
21: Coronation/Appreciation Luncheon $1,049.01
22: Tee Shirts For Volunteers $260.00
23: Material for Float $100.00
24: Gospel Fest $75.00
25: Wideman Building (Thru 9/30/04) $5,325.00
26: LISC $1,073.68
27: Office Depot $1,094.67
28: FDN Communications $408.87
29: A.T. & T. $158.04
30: Repayment of 3 loans from
Root's supporter's $10,000.00
31: Telephone/Internet Service (thru 9/30/04 $338.00
32: Bank Loan (Thru 9/30/04) $416.11
33: Old School Square $61775.00
TOTAL EXPENSES $88,538.16
Roots Cultural Festival, Inc.
Outstanding Debt for Year 2003 and Year 2004
· Old School Square $2,825.00 (Year 2003)
$6,775.00 (Year 2004)
· Sun Trust Bank $23,666 (Year 2003)
· Elizabeth Wesley $10,000 (Year 2003)
Outstanding Debt Total $43,2666
Roots Cultural Festival, Inc.
Outstanding Debt
Revised August 16th, 2004
Old School Square
Rentals-Classical Series, Gospel Vest etc. (2001-02) $3,650.09
Rental-Classical Series, Gospel Vest Coronation etc. (2003 $3,484.00 $7,134.09
Pavilion Rental Final Weekend (2003) $2,825.00 $9,959.09
Rentals-Classical Series, Gospel Vest etc. (2004) $2,032.45 $11,991.54
Pavilion Rental-Final Weekend (2004) $6,775.00 $18,766.54
Sun Trust Bank (~o005) $23,666.00
Elizabeth Wesley (~,ooo$) $10,000.00
City o£Delray Beach Costs
Youth Parade July 15th $264.49
Youth Basketball Tournament June 25th to June 29th $4,801.03
Adult Basketball Tournament July 30th to August 1st $9,729.31
Final Weekend August 6th thru August 8th $24,414.61
$39,209.44
($10,000.00)
$29,209.44
x.5
$14,604.72
Outstandi~ Debt Total $67,037.26
City of Delray Beach
Administrative Services Memorandum
TO: David T. Harden, City Manager
FROM: ~J Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item City Commission Workshop August lO, ~00~
Funding Request for Roots Cultural Festival, Inc.
DATE: August 6, ~00'~
ACTION:
City Commission is requested to consider a funding request received from Ms. Elizabeth
Wesley for certain line item expenses for the 27th Annual Roots Cultural Festival.
BACKGROUND:
Attached is a list of certain line item expenses for the final weekend of the Roots Cultural
Festival. We received this request on August 5, 2004 from Ms. Wesley which is a request to
Commission to consider funding any of the listed expenditures. Commission is requested to
choose any of the listed funding expenses for approval. Funding is available in account code
001-6311-572-83.01 (Misc. Grant). The balance of this account is $13,530.
RECOMMENDATION:
Staffrecommends consideration of this request to fund certain expense items as listed for the
Roots Cultural Festival.
RAB/tas
File:u:sweeney/agenda
Doc: Funding Request for Roots Cultural Festival
GP,
Roots Cultural Festival 2004
Expenses:
Old School Square Space & Technician: $4,425.
Port-a-lets: $1,030.
Sound (backline): $6,242.50
Fencing (w/screening) $4,073.
Security (private) $1,030.
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
DATE: August 11, 2004
SUBJECT: Agenda Item City Commission Meeting August 17, 2004
Special Event Request "Haitian Cultural Festival"
Action:
City Commission is requested to consider approval of the 2"d Annual Haitian Cultural
Festival sponsored by the Haitian American Cultural and Historical Foundation, Inc.
proposed to be held on October 3, 2004 from 3:00 p.m. until 11:00 p.m. on the grounds of
Old School Square. Commission is also requested to authorize staff support for traffic
control and security, EMS assistance, trash removal, event signage, barricade set up and
to grant a temporary use permit per LDR's Section 2.3.6 (H) for the use of a portion of NE
1s~ Avenue north of the grounds at Old School Square.
BackRround:
Attached is a letter request and event permit received from Lincoln Joseph with the
Haitian American Cultural and Historical Foundation, Inc. for this event, along with a site
plan and event budget. The original request was for September 5th, but the event
conflicted with other events. The purpose of this festival is to raise awareness about
Haitian culture through food, music and art. This would be a gated event with an entry
fee.
The estimated staff overtime costs for this event is $4,215 plus approximately $250 for
signage and barricade rental. The event sponsor does not have a non-profit exemption;
therefore, per our policies would be charged 50% of all costs over $1,000. The estimated
cost for the sponsor would be approximately $1,732.
The event sponsor has a proposed agreement with Old School Square.
Recommendation:
Staff recommends consideration of approval of the event, the temporary use permit, staff
support as requested and signage. We recommend that signage not be installed before
September 24th and that approval is contingent on receipt of a certificate of insurance,
hold harmless agreement and payment of City costs per event policies and procedures.
RAB:tasFile:u:sweeney/events
Doc:Haitian Cultural Festival 2004
Pe, L?.B.eaSq
City of Delray Beach
Special Event Permit n~.~.~c.~
Application
PLEASE PRINT 19~3
2001
Event Name/Title: i~/¢~i'~'~rl f~t/(~rE ~"~//v/~ ~ .,
Event Date(s): ~
Even~ Time(s):
'
Name: i,~';~ ~g~
Address: ~7 ~ ~,~l~m
Telephone Number: (3¥i)
E-mail Address: /~ ~ ~¢~,'f~ d~,~
Event Description/Purpose:
Sponsor Category (please check) city [] Non-Profit/Charitable [] Private
Co-Sponsor- Non-Profit/Private []
(If Non-profit attach proof of 501c(3) or (d))
E.v, ent Locat?n(Describe area boundaries or, event/location):
Site plan attached yes.~ no
(Site plan required for entire event site)
Event budget attached yes V// no
(Required for all events)
Serving or selling alcoholic beverages yes, no v//
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
]
Event certificate of insurance attached yes v"/ no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music yes v// no
(Waiver required)
Requesting Police assistance yes ,~ no
(traffic control/security)
Will supplement with private security yes ~ no
(If yes, need plan attached)
Requesting Emergency Medical assistance yes '~' no
Requesting barricade assistance yes v'/ no
Requesting trash removal/clean up assistance yes. v// no
Requesting trash boxes and liners yes y/'~' no
Requesting stage use yes. no
(If yes, check type)
Large stage covered [3 Large stage no cover [] Small stage []
Half small stage []
Requesting signage yes ~ no
Type: Eventsign v/ Directionalsigns.
Banner hanging. Indicate dates required
(Waiver required if more than one (l) week prior to event)
Food and beverage vendors yes. ~ no
If yes, approximate number
Health Department approval /es. no
Other vendors /es. v'/ no
Tents /es. ~ no
(If yes, tent permits and fire inspections ma/be needed)
Will the event include amusement rides yes. v'/ no
(If yes, type and location and copy of liability insurance required)
Will the event be gated yes. ~ no
(Show on-site map)
Will there be fireworks or other pyrotechnics yes no v/''
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas yes no v/
(If yes, contact Fire Marshall)
Will you be providing port-a-lets for the event yes no ~'"
(If yes, locate on-site map. If no, indicate how y,ou will handle restroom
needs)~ ¢~4~ c~:/y ~L 0~ ~c/~ol ~t ;o
Will there be a charge for the event yes ./ no
(If yes, indicate ticket prices) ~:~0, ~
/
Is reserved parking requested yes no
(If yes, indicate locations)
Event Contractor/Coordinator Dar6
Please print: /'./~d~/,'~
Please enclose the appropriate non-refundable application fee payable to the
Ci~ of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use O~y~J . ~
Date Received ~Jl~/~ ~ Application fee received $
Site map ~ ~
Budget
C~dificate of insurance
Hold Harmless a~moment
8ecud~ plan
Waivor alcoholic
Railroad approval
Coast Guard approval
50~c(3) or (d) co~ificato or Iottor
Health ~epa~ment approval
Fire Inspector approval
~olico Depa~mont approval
~ublic Works approval
~ark~ and Rocmation approval
Ci~ Gommission approval
3
May 12, 2004 C',~.~_.~ ~,Z~.~.'~
Robe~ A. Barcinski
Assistant City Manager
City of Delray Beach
100 ~ 1~t Avenue
Delmy Beach, FL 33444
De~ Mr. Barcinski
The Haitian Culture Festival is requesting a change of date from September the
5th, to O~ober the 3rd 2004. Furthermore, we are requesting a waiver for ~coholic
beverages to be added to the list.
~i~ol~ Joseph
Director ofHakian Cukure Festival
FIpr 17 0~. ll:4Sa Old School S~luare 561-243-'7018 ~'/~lJ~ pol
51 N. Swlnton Avenue · Delray Beach, FL 33444
Phone: 561-243-7922 · Fax: 561-243~7018
www.oldschool.org
RECEIVEg Old chool Square
APR 1
CITY MANAGEI~
To~ Rot)eR A~ Ba~nski, Asshl City Mgr From: Pegsy Murphy, Dir, Center Services
Fax: 243-71gg Pages: ..~
Phon~ 243-7011 Bate.. 4/17/04
Re: Haitian Cu~rai Festival
[] Urgent [] Fo' Review [] Please Gomment [] PleBse Relay [] Please Rec?~le
· Commeat~
Bob -
Received regueat fro ~ Lincoln Joseph, Rex En~edalnment Group, and your memo m§arding change of
date for the Haitian Cultural Festival from September 5 to Sunday, October 3, 2004. Pmsentiy, them
are no other events or anl~v~es scheduled at Otd School Square on October 3. The original cost
estimate remains the same. A~ached is a copy of bhe event contract with Rex Entertainment.
Please let me know i~you have questions, or need additional information. Thanks -
/
Peggy Murphy /
Rpr 17 04 ll:4Sa !Old School Square 5B1-243-?018 p.2
O! D SCHOOL SQUARE EVENT CONTRACT
~""- $1 N, Swinton Avenue, Delray Beach, FL 33444
phone: ~61-243-7922 fax: 561-24,3-7018
www.oldschool.or~
Sanday~,~004 Ms Haitian ~ultaral Festival Room Time Status
O$S Entertalnmant Pavilion 3:00pm
TYPE: Rental i COMPANY: Rex Entertalrunent Communi~
Contact: Lincoln I seph 704 S. Swinton Avenue
Defray Beach FL 33444
ADDENDA 'FO TI:HS CONTRACT
See Old School Square Rental Agreement a~aehed and made a part hereof.
Additional charges for stage tech~cian~ and/or equipment will be billed based on actual use; see specifically, eSS Entertainment
Pavilion Addendum atteched and made a part hereof.
For technical information, stage n qulrements, and to arrange load in and performance schedules, contact Brian Ridolfo, Technical
Director, at 561-243-7922 x321 or 320.
Carti~~ate~fLiabitity~nsuranci~toin~ludeLiquarLiabi~ityifapplicable~~aming~~d$ch~~lSquare~~~c the City of Dehny
Beach, and the Delray Beach Co~ muuity Redevelopment Agency if any port on ofti~e Block 76 parking lot is used, in an amount
not less d'mn $1,000,000 is required.
Temporary Use Agreement with he C°mmunity Redevelopment Aganey for use of a purtlnn of Block 76 parking lot shall be the
responsibility oftbe Renter.
A copy of the executed H ~l Harmlees Agreement with the City of Delray Beach, and the Delray Beach Community
Redevelopment Agency, if applicable, is required.
Copy of Certificala of Tax Exemption required (Fla. Dept. of Revenue, Form DR-14) if applicabla.
In consideration of the discount provided, Old School Square shall be considered an event sponsor, with full sponsor promotional
opportunities and privileges. F~r marketing and logo information contact Melissa Carter, Director of Marketing and Public
I Relations, 561-243-7922 x322.
To be considered for inclusion in Old School Square public relations, Renter must submit completed Public Relations information
I Form attached hereto.
Copy of fionl event sit~ plan for load in and set up shall be provided eSS at least one week prior to event.
Copy ogevent contact list., including all event planners, city employee coatacts, security uontact~, end vendor contacts shall be
provided 05S at least one weak prior to the event.
Renter shall be raspousible for pro~ urement of neeassary fencing and/or barricades to enclose the event. All cost~ lncun~d shall be
the responsibility of the Renter.
All required tent and/or event pen airs, licenses, inspections and/or waivers of city ordinance are the responsibility of the Renter.
Costs incurred by event for additi mai support requested of or required by the City of Delray Beach will be responsibility of the
Renter.
Safety/Security - Security must I~ provided within the perimates of tile event through private security or the DcJray Beach Police
DeparUnent. Security requiremen s outside the perimeter of the event will be determined at the sole discretion of the DBPD and
any costs incurred will be the respo ~sibility of the Renter. Emergency medical services presmtce will be required at any event with
an attendance over 2,000 people a~ t will be confirmed and scheduled by the DBFD. Any costs incurred will be the responsibility
of the Renter.
Signs/Banners - The display of banners and signs within the eSS Enterlaiument Pavilion area is restricted. No banners will be
attached to or petraitted on the fac{ of the Entertainment Pavilion. Pole~ will be provided for information/sponsor and concess on
banners;number of signs and size permitted to be provided by eSS to Renter.
Garbagg/Sanltatlon/Maintonnneg - Additional garbage/trash containers wi I be required. Grounds maintenanea/trash removal
plans will be reviewed with O85. If the services of the Defray Beach Parks and Recreation Department are used, any costs
incurred will be the responsibility of the Renter. Concession area event bathroom facilities will be monitored and maintained
I ['-" by an attendant supp led by thc Renter on a regular and consistent basis throughout the duration of the event eSS will
il pr~vide neeassary clnaning and paper supplies f~r concession area event bath .onm faci~ifies Add~tmna[ crt
i: ii/ balhroom/handwashlng facilit es determined by requirements of the Palm Beach County Heal~ DepartrnentPwil~leOthe
/ s/o4
Rpr 17 04 ll:SOa Ild School Square 561-243-7018 p.3
Re~X g-n~g~tainm ~qt
Haitian Cultural Festival - Septemb~ 2004
responsibiliv/of the Renter.
Old School Square grounds an t Entertainment Pavilion shall be cleared end restored to condition existing prior to the event.
It ia the Renter's responsibility to inform any person, vendor and/or company involved in the preduetion of this event of the rules
and regulations outli~ · ' . .
.dm the Event Contract, Rental Agrecnrent and Entertainment Pawlion Addendum.
'n....~_~, 2 FEE lIN-FORMATION
Su 004 3:00pi ~ - ll:00pm Haitian Cultural Festival
O'/iits RoornlResource
Unit Price Price Sub Total Tax Total
OSS Entertai.,~t Pavilk n $3,000.00 l~ss 50% $1,500.00 $1,500.00 $90.00 $1,590.00
I security deposit $1,500.00 $1,500~00 $1,500.00 $0.00 $1,500.00
Total for Event: $3,000.00 $90.00 $3,090.00
Total Room Chin gas: $1,500.00
Total Other Chou
~gaxeS: $1,500.00 security deposit
: $3,000.00
Grand Total ExcludingI
Sales 'ax: $90.00
Grand Total Including '1 ax: $3,090.00
Total Deposit Rmtui ed: $1,500.00 due with signed contract
~&~-~ OLD ~CHOOL SQUARE SCI~.nULE AND I]~]FO~TION
Sun. ~, 2004 3:00pl~ - I l:00pm Haitian Cultural Festival - OSS Entertainment Pavilion
Estimated Attendance Security Hours
2,000 7:00am - 1:00am
Should you or anyone involw d in planning this event require access to Old School Square, it s necessary to sehedule an
appointment. Thank you for your cooperation.
oire~t~ S~ic~, Old Sc Reater~ex Entertainment
2/5/04
Pag~ 2
HAITIAN CULTURE FESTIVAL
Estimated Budget
OSS Entertainment Pavilion ......................................................... $1,495.00
Bathroom Supply Fee ................................................................. $75.00
Sound ................................................................................... $3,800.00
Insurance ................................................................................ $1,500.00
Special Event Fencing ................................................................. $2,000.00
Tents ..................................................................................... $950.00
Extra Security ........................................................................... $3,000.00
Performance ............................................................................ $25,000.00
Advertisement ......................................................................... $7,000.00
Estimated Total = $44,820.00
Estimated Income
Attendance 2000 ~ $20.00 .......................................... $40.000.00
Sponsorship ..................................................................... $5,000.00
Vendors ........................................................................... $2,000.00
T-Shirts & Beverage Sales ..................................................... $1,500.00
Estimated Total .........$48,000.00
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~/~
SUBJECT: AGENDA ITEM Ot ~ - REGULAR MEETING OF AUGUST 17. 2004
CONTRACT AWARD TO ALMAZAN BROTHERS. INC.
DATE: AUGUST 13, 2004
This is before the Commission to consider approval of a contract award to stcond lo,st bidder,
Almazan Brothers, Inc., in the mount of $298,409.00 for the West Atlantic Avenue and N.W. 24e*
Avenue Intersection Construction Project as well as access modifications for the Temple Sinai
parking lot from Coral Trace Boulevard. The improvements include expanded mm lanes to
accommodate access to the new Atlantic High School campus per the City's agreement with the
School District of Palm Beach County, and the parking lot access modifications are in accordance
with a land purchase agreement between the City and Temple Sinai.
The lowest bid was from Florida Blacktop, Inc. in the amount of $290,372.02; however, Florida
Blacktop has performed poorly on prior City construction projects while Almazan Brothers has
performed well. Based on past performance, project visibility, and the need to ensure timely
construction completion, staff recommends the contract award to the the second lowest bidder.
Funding is available from 334-3162-541-53.90 (General Construction Fund/Public Works/Other
Road Materials).
Recommend approval of the contract award in the amount of $298,409.00, to Almazan Brothers,
Inc. for the West Atlantic Avenue and N.W. 24e" Avenue Intersection Construction Project.
S:\City Clerk\ agendamemos\Alamzan Brothers. Second-lowest Bidder.08.17.04
City Of De. lray Beach
Department of Envtronmental Services
M E M 0 R A N D U M
www. mydelraybeach.com
TO: David T. Harden, City Manager
FROM: Richard C. Hasko, P.E., Environmental Services Director
SUBJECT: WEST ATLANTIC AVENUE/NW 24TM AVENUE INTERSECTION
DATE: August 10, 2004
Bids were received by the City on July 29, 2004, for construction of intersection improvements at
West Atlantic Avenue and NW 24th Avenue. In accordance with the City's agreement with the
School District of Palm Beach County, the existing intersection will be expanded with dedicated
turning lanes and signalization to accommodate primary access to the Atlantic High School campus.
The signalization is not included in this bid, and will be installed at a future date by Palm Beach
County. Project scope also includes construction of an additional access point to the Temple Sinai
parking lot from Coral Trace Boulevard in accordance with terms of a land purchase agreement
between the City and the Temple.
A total of five (5) bids were received with associated proposals as shown on the attached bid
tabulation. The apparent low bid was submitted by Florida Blacktop, Inc. in the amount of
$290,372.02. The second lowest bid was submitted by Almazan Brothers, Inc. in the amount of
$298,409.00; a difference of approximately $8,000. The City's consulting engineer for the project
has contacted references listed for both contractors and received positive responses for each firm (see
attached letter). The City's past and most recent experience with the low bidder, Florida Blacktop,
Inc., includes the Pineapple Grove Way beautification project (2000 to 2002) and two 2000 Roadway
Bond Program projects; NW Area Improvements (2001 to 2002) and SE/SW Area Improvements
(2001 to 2002). Project coordination problems developed during the Pineapple Grove Way project
leading to serious delays in project completion. Problems on both Roadway Bond Progam projects
developed early on and worsened as construction progressed. It became clear that insufficient
resources were alloted to the projects to perform the scope of work which led to major project delays
and unnecessary levels of impact and inconvenience to residents. Work on these projects extended
well beyond the contract construction time, and ceased completely prior to completion of punch list
items and private property damage restoration amid claims submitted by the contractor for substantial
change order amounts and disputes over the City's application of liquidated damages. As a result,
neither of the Roadway Bond Program projects were completed by the contractor. As built drawings
and close out documentation relative to supplier and subcontractor releases of lien were never
received, and the City was left to handle private property damage restoration. Performance on these
projects was well below levels considered acceptable by the City.
Almazan Brothers has performed well on past City projects, including a roadway reconstruction
project in the Southridge Neighborhood and numerous sidewalk rehabilitation and installation
projects. They are currently under contract for the construction of drainage improvements to the
intersection of Old Dixie Highway and SE 10t~ Street, which project also includes drainage and
underground utility work in the alley running east from NE 2na Avenue providing service access for
restaurants on the north side of Atlantic Avenue between NE 2na Avenue and the FEC Railroad. The
project is proceeding smoothly and anticipated to be completed within the contract time.
On the basis of the City's past experience with Florida Blacktop, Inc., and in recognition of the
visibility and critical nature of the timely completion of the intersection improvements providing
primary access to the new high school campus, staff recommends the Commission award this contract
to Almazan Brothers, Inc., the second low bidder, in the amount of $298,409. Funding is available
after transfer in account #334-3162-541-55.90, Other Road Materials.
Please place this item on the August 17t~ agenda for consideration by Comission.
Cc: Susan Ruby, City Attomey
Randal Krejearek, P.E., City Engineer
Rafael Ballestero, Deputy Director Construction
MATHEWS
August 6, 2004
Mr. Richard Hasko, Director
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, FL 33444
City of Delray Beach
W. Atlantic ,4v~ / IV~ 24a Ave. Intersection & Turn Lane Improvements
/~M R~.vu/t~ and R~mr,~ndallnn t~f.4 ward
Dear Ivh-. Hasko:
On Thursday, July 29, 2004, at 3:00 PM, bids were received by the City of Delray Beach for the
referenced West Atlantic Avenue project. Five (5) bids Were received as follows:
Name of Bidder Amount of Bid
1. Florida Blacktop, Inc. .;c-----' $290,372.02
2. AlmoTan Brothers, In~. $298,409.00
3. Camarra's Asphalt Cons~'. Inc. $311,414.49
4. Weekley Asphalt Paving, Inc. $315,951.50
5. Rosso Paving & Drainage, Inc. $332,907.50
We have reviewed the bid proposals submiRed by each of the conUactors and have found no
mathematical errors of consequence. The apparent Iow bidder is Florida Blacktop, Inc. and the apparent
second low bidder is AlmaTan Brothers, Inc. We have contacted references for both Florida Blacktop and
Almo:'an Brothers and have received positive comments for both contractors. Attached please find a bid
tabulation for your reference.
If you have any questions regarding the information presented above, please contact me at 561-478-7961.
Sincerely,
NG, INC.
Rebecca Travis, P.E.
Senior Engineer
cc: David Mathews, MC
MC File No. 1209
Mathews C ~ns I in.e. Inc.· 1475 Centrepark Boulevard, Suite 250 · West Palm Beach, FL 33401 · $61-478.7961 · Fe~r $61-478.7964
Agenda Item No.~:~_
AGENDA REQUEST
Date: ~
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: Auqust 17, 2004
Description of item (who, what, where, how much): Staff requests Commission award of a
contract to Almazan Brothers, Inc., ~e~'~nnd Iow bidder, in the amount of $298,40g for construction
of intersection improvements on West Atlantic Ave. at NW 24th Avenue as well as access
modifications for the Temple Sinai parkin.q lot from Coral Trace Blvd. The intersection
improvements include expanded turn lanes to accommodate access to the new Atlantic Hi.qb
School campus per the City's a.qreement with the School District of Palm Beach County, and the
parkin.q lot access modifications are in accordance with a land purchase a.qreement between the
City and the Temple. The apparent Iow bidder, Florida Blacktop, ~nc. has performed pood¥ on
prior City construction proiects while Almazan brothers has performed well in the past for the City.
The difference between the two bids is approximately $8,000. Based on past performance and
due to proiect visibility and the need to ensure timely construction completion, bid award to the
second Iow bidder is recommended. Fundin.q is available for this contract in account #334-3162-
541-s~.g0, Other Road Materials.
ORDINANCF_.JRESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of contract to Alamazon Brothers, Inc., second
Iow bidder, in the amount of $298,40,9¢'-h ,.'"'h
Department head signature: ~~. ~7~ oO-./o. ~"~'
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on all items involving e~. genditure of funds):
Funding available: YE._~O/.~,~
Funding alternatives: c.' , ', (if applicable)
Account No. & Description: ~.~..~: ,-,5./ ~ ~-,~ ~/} ...4-~,,~ ~ 'J/. ~ ~c~,~, o,o ~ .
Account Balance: ~,~5:~
City Manager Review:
Approved for agenda: ~lNO,/y.f,/1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approvad/Disapprovad
[ITY I)F I)ELRrlY BEACH
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
~ MEMORANDUM
lll. lnwica City
1993 2m~ TO: City Commission
David T. Harden, City Manager
FROM: Terrill Pyburn, Assistant City Attorney '<:~/L/~
SUBJECT: Fire and Police Training Facility
Attached please find a Proposed Inter-local Agreement between the City of Delray Beach
and the City of Boca Raton for the construction of a Fire and Police Training Facility. The
Facility will be built within the boundaries of the City of Boca Raton but it will be available
for use by the City of Delray Beach firefighters and police officers for training and
educational programs.
The City of Boca Raton has asked that the City of Delray Beach contribute $500,000.00
towards the construction of the multi-million dollar facility. The first payment of
$250,000.00 shall be provided to the City of Boca Raton, within 10 days of request, to
provide funding towards the commencement of construction of Phase I of the facility.
Delray Beach shall fund a second payment after April 1, 2005 in the amount of
$250,000.00 within ten (10) days of Boca Raton's request for same, so long as Boca
Raton has commenced construction by no later than March 1, 2005. The parties further
agree that this second payment shall be made by Delray Beach subject to funding
approval by the City Commission for the City of Delray Beach for the 2005 fiscal year.
Delray Beach's contribution towards the construction of the facility shall ensure its rights to
use both Phase I and Phase II of the facility at no additional facility cost to Delray Beach
until September 30, 2012 if the City only makes one payment of $250,000 and until
September 30, 2017 if the City makes a second payment of $250,000. Boca Raton shall
be responsible for funding the remainder of the costs for construction of the facility.
Please place this item on the next City Commission agenda for consideration. Please let
me know if you have any questions (7090). Thanks.
TCP:smk
Attachment
cc: Chevelle Nubin, City Clerk
Kerry Koen, Fire Chief
Larry Schroeder, Police Chief
FIRE-RESCUE SERVICES DEPARTMENT · 2333 WEST GLADES ROAD · BOCA RATON, FLORIDA 33431-7311
PHONE: (561) 367-6700
FAX: (561) 367-6750
(FOR HEARING IMPAIRED) TDD: (561) 367-6742
August9,2004
Kerry B. Koen
Fire Chief
Delray Beach Fire Rescue Department
501 West Atlantic Boulevard
Delray Beach, Florida 33444
Dear Chief Koen:
Enclosed are four (4) copies of the agreement between the cities of Delray Beach and
Boca Raton regarding the future Boca Raton Fire Training Facility. Please return two of
the fully executed copies with original signatures to Chief Silk's attention. We look
forward to working with the City of Delray Beach in bringing this project to fruition.
Please contact me at 367-6718 if you need any further information. Thank you for your
assistance in this matter.
Sincerely,
BOCA RATON FIRE RESCUE SERVICES
Jackie Mabesa
R & D Specialist
c: Bruce W. Silk, C.F.O., Chief of Boca Raton Fire Rescue Services
Thomas R. Wood, C.F.O., Deputy Chief of Boca Raton Fire Rescue Services
-- AN EQUAL OPPORTUNITY EMPLOYER --
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
AND THE CITY OF BOCA RATON FOR
FIRE TRAINING FACILITY CONSTRUCTION
THIS AGREEMENT is made this __ day of ,2004, by
and between the CITY OF DELRAY BEACH, a Florida municipal corporation,
(hereinafter referred to as "Delray Beach"), and the CITY OF BOCA RATON, a Florida
municipal corporation, (hereinafter referred to as "Boca Raton").
WITNESSETH:
WHEREAS, Delray Beach and Boca Raton are desirous of providing fire and
police training at a state certified fire training facility to be developed by the City of Boca
Raton (hereinafter referred to as "Facility"); and
WHEREAS, Delray Beach agrees to contribute to the construction of the training
Facility in exchange for use of said Facility by Delray Beach's Fire and Police
departments.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. The recitations set forth above are hereby incorporated herein.
2. Boca Raton shall commence construction of the Facility on or around
November, 2004.
3. Delray Beach, shall, within ten (10) days of request by Boca Raton, pay
to Boca Raton the amount of $250,000.00 as a first payment. Said payment shall
provide funding towards the commencement of construction of Phase I of the Facility as
shown on the site plan attached hereto and incorporated herein as Exhibit "A".
4. Both parties agree that Phase I construction shall include the Boca Raton
Fire Rescue classrooms and training spaces and burn simulator, as well as the training
tower. (Training tower as depicted on the site plan attached hereto as Exhibit "A").
5. Delray Beach shall fund a second payment after April 1, 2005 in the
amount of $250,000.00 towards the commencement of construction of Phase II of the
Facility as shown on Exhibit "A" within ten (10) days of Boca Raton's request for same,
so long as Boca Raton has commenced construction of Phase I by no later than March
1, 2005. The parties further agree that this second payment shall be made by Delray
Beach subject to funding approval by the City Commission for the City of Delray Beach
for the 2005 fiscal year.
6. Delray Beach's contribution towards the construction of the Facility shall
ensure its rights to use both Phase I and Phase II of the Facility at no additional facility
construction cost to Delray Beach. Delray Beach's first payment of $250,000.00 shall
ensure that Delray Beach shall be permitted to use the Facility at no additional
construction cost until September 30, 2012. Delray Beach's second payment of
$250,000.00 shall extend Delray Beach's rights to use the Facility at no additional
construction cost until September 30, 2017.
7. Boca Raton shall be responsible for coordination of funding the remainder
of the costs for construction of the Facility.
8. Boca Raton shall ensure that the Facility shall be state certified and shall
meet the Minimum Standards For Firefighters in accordance with Chapter 633, Florida
Statutes.
2
9. Both parties agree that the target completion date for Phase I shall be
January, 2007. In the event that Phase I construction is not completed by September,
2007, Boca Raton shall refund to Delray Beach all monies paid by Delray Beach upon
request. Once the money has been refunded, Delray Beach's use of the Facility will be
terminated.
10. Both parties agree that the following issues will be addressed in
subsequent agreements at a later date:
a. Programs and joint-use responsibilities of the Facility;
b. Operating and maintenance expenses of the Facility;
c. Program costs; and
d. Phase II construction schedule and elements.
11. The term of this Agreement shall commence upon execution by both
parties and shall continue until September 30, 2017, unless only one payment in the
amount of $250,000.00 is funded by Delray Beach or unless Boca Raton fails to
construct, in which case the Agreement shall terminate on September 30, 2012.
12. This Interlocal Agreement shall be filed pursuant to the requirement of
Section 163.01 (11) of the Florida Statutes.
13. No prior or present agreements or representations with regard to any
subject matter contained within this Agreement shall be binding on any party unless
included expressly in this Agreement. Any modification to this Agreement shall be in
writing and executed by the parties.
3
14. The validity of any portion, article, paragraph, provision, clause, or any
portion of this Agreement shall have no force and effect upon the validity of any other
part or portion hereof.
15. This Agreement shall be governed by and in accordance with the Laws of
Florida. The venue for any action arising from this Agreement shall be in Palm Beach
County, Florida.
16. Neither Delray Beach nor Boca Raton shall assign or transfer any rights
or interest in this Agreement.
17. This Agreement shall not be valid until signed by the Mayors and the City
Clerks of the Cities of Delray Beach and Boca Raton.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Jeff Perlman, Mayor
City Clerk
Approved as to Form:
City Attorney
~~,/(~c. ~/_~ L. Abrams, layor
CyClerk
Approved as to Form:
4
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of
,2004, by (name of officer or agent,
title of officer or agent) of (name of corporation
acknowledging), a Florida municipal corporation, on behalf of the corporation. He/She
is personally known to me or has produced (type of
identification) as identification.
Signature of Notary Public - State
of Florida
5
Exhibit A
SITE PLAN
Architects · Planners · Interior Designers
FIRE-RESCUE TRAINING FACILITY
REVISED
Boca
Incorporated 1925
RESOLUTION
136-2004
2 A RESOLUTION OF THE CITY OF BOCA RATON
3 AUTHORIZING THE MAYOR AND CITY CLERK TO
4 EXECUTE AN AGREEMENT WITH THE CITY OF DELRAY
5 BEACH FOR THE PURPOSE OF ALLOWING USAGE BY
6 THE CITY OF DELRAY BEACH OF THE FUTURE CITY OF
7 BOCA RATON FIRE TRAINING FACILITY IN EXCHANGE
8 FOR A CONTRIBUTION OF FUNDS FOR FACILITY
9 CONSTRUCTION BY THE CITY OF DELRAY BEACH;
10 PROVIDING FOR SEVERABILITY; PROVIDING FOR
11 REPEALER; PROVIDING AN EFFECTIVE DATE
12
13 WHEREAS, the City of Boca Raton desires to enter into an agreement with the City of
14 Delray Beach for the purpose of allowing usage of the future City of Boca Raton Fire Training
15 Facility by the City of Delray Beach in exchange for a contribution of funds for facility
16 construction by the City of Delray Beach; and
17 WHEREAS, such agreement has been prepared and a copy thereof is attached
18 hereto; and
19
1
I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA
2 RATON:
3
4 Section 1. That the Mayor and City Clerk be authorized to execute the agreement
5 with the City of Delray Beach, a copy of which is attached hereto.
6 Section 2. If any section, subsection, clause or provision of this resolution is held
7 invalid, the remainder shall not be affected by such invalidity.
8 Section 3. All resolutions or parts of resolutions in conflict herewith shall be and
9 hereby are repealed.
10 Section 4. This resolution shall take effect immediately upon adoption.
11 PASSED AND ADOPTED by the City Council of the City of Boca Raton this ~7
12 dayof ~------"~--~.¢ , 2004.
13
14 CITY OF BOCA RATON, FLORIDA
16 ATTEST:
17
19 ~Steven C. Abr~r~s, May(~r --
21 Sharma Carannante, City Clerk
23
24
25
2g
COUNCIL VOTE
YE~ NO ABSTAINED
MAYOR STEVEN L, ABRAMS v" ~.
DEPUTY MAYOR BILL HAGER
COUNCIL MEMBER DAVE FREUDENBERG V,~
COUNCIL MEMBER SUSAN HAYNIE ~ .-
COUNCIL MEMBER SUSAN WHELCHEL 1¢./'
27
28
2
AGENDA ITEM NUMBER: (~'1~
AGENDA REQUEST
Date: August 10, 2004
Request to be placed on:
~[ Consent Agenda __ Special Agenda __ Workshop Agenda
When: 8/17/04
Description of agenda item: Consideration of Interlocal agreement for a
Contribution of $250,000 to the City of Boca Raton to assist with thru
construction of a South County Regional Training facility for tbm Firm-
Rescue and Police Departments with funding from Acct. 334-6111-529-49.90.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft of Resolution Attached: YES NO
Recommendation: Approve the Interlocal Agreement.
Department Head Signature: R-~,--.---.--" 1'-'--~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Yes No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review: /~
Approved for Agenda: Y~
No
Agenda Coordinator Review:
Received:
Action: Approved: Disapproved:
P.O. #
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM $$ c~'~::: - REGULAR MEETING OF AUGUST 17. 2004
~OFTWARE HOUSE INTERNATIONAL (SHI) MICROSOFT
ENTERPRISE LICENSE AGREEMENT
DATE: AUGUST 13, 2004
This is before the Commission for approval of the Microsoft Enterprise License Agreement in the
amount of $168,721.79 to Software House International (SHI), which will cover the annual licensing
of all clients, servers, and the Content Management Web Server software.
By combining the licenses into one agreement, the City will save $105,278.21 in license fees this year.
In addition, the next fiscal year and sequential years the City may reduce the CIP amount for Client
and Server Licenses from $200,000.00 to $170,000.00, saving an additional $30,000.00 each year.
Funding is available from 334-6112-519-66.10 (General Construction Fund/Software).
Recommend approval of the Microsoft Enterprise License Agreement in the amount of $168,721.79
to Software House International (SH1) for the annual licensing of all clients, servers, and the Content
Management Web Server software.
S:\City Clerk\agenda memo~\SHI.MS Enteq>me Lieeme Agmt..08.17.04
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Guy Buzzelli
MIS Manager
THROUGH: Joe M. Safford
Director of Finance
SUBJECT: Software License Agreement
DATE: August 11, 2004
ACTION
We are requesting City Commission approval to pay for the Microsoft Enterprise license
agreement, which covers all the licensing of client, server, and Content Management Web server
software. MIS has worked out a total cost of $168,721.79 for all three by combining them into
one agreement. The approved CIP funds this year for licenses was $270,000. This is a total cost
savings to the City of $105,278.21. In addition, the next fiscal year and sequential years there--
after the City may reduce the ClP amount for Client and Server Licenses from $200,000 to
$170,000 saving an additional $30,000 each year.
Approved ClP accounts for this purchase is as follows:
Acco,_mt Code Description Amount
334-6t12-519.66-10 Client Ucense $t 50,000
334-6112-519.34-90 Server License $ 50,000
334-6t12-518.66-10 Web Server License $ 74,000
TOTAL $274,000
INFORMATION
Discussions this year with SHI (Software House International) and research done by the MIS staff
has revealed certain findings or c~te~ia that we have based our recommendations on,
· License Specifications - Licenses need to cover all Microsoft software currently used by
the City at the best possible price to the City.
· Cost - The total cost of the solution should not exceed the available CIP funds.
MIS recommends this purchase agreement and the cost savings to the City.
Please forward this information to the City Commission for their review and approval.
'HI Quote # 784702 Page 1 of 2
Del Portillo, Ed
From: Thomas Naelon [Thornas_Naelon@SHI.com]
Sent: Friday, August 06, 2004 8:39 AM
To: Del Portillo, Ed
Subject: SHI Ouote#784702
Pricing Proposal
Quotation #: 784702
Quote Valid Until: 8/30/2004
City of Delray Beach SHI Account Exec
Ed Del Portillo Thomas Naelon
Phone: 561-243-7147 2 Riverview Drive
Fax: Somerset, NJ 08873
Phone: 305-971-5266
Fax: 305-971-5283
All Prices am in US Dollar (USD)
Product Oty Your Price Total
1 MS Enterprise Desktop - SIA Renewal - Office pro/Windows Pro/BackOffice CAL 500 159.85 79,925,00
Mfg Part#: A04-00004
2 Terminal Services CAL - Enterprlse Product SA Renewal - Added at Signing 500 11.00 5,500.00
Mfg Part#: R19-00050
Note: Must be added in the same quantity aa the base desktop to get this price.
3 SharePoint CAL - Enterprise Product Addon - L/SA 500 18.34 9,170.00
Mfg Part#: H05-00268
Note: Must be added in the same quantity as the base desktop to get this price.
4 Windows Std Server - L/SA EA Addon - Added et Signing 37 289.67 10,717.79
Mfg Part#: P73-00202
5 Windows Ent Server - L/SA EA Addon - Added at Signing 10 941.04 9,410.40
Mfg Pa~'#: P72-00164
6 Exchange Std Server - L/SA EA Addon - Added at Signing I 281.62 281.62
Mfg Pa~: 312-02356
7 Exchange Ent Server - L/SA EA Addon - Added at Signing I 1,612.36 1,612.38
Mfg Pa~#: 395-02611
8 SQL Ent Server - L/SA EA Addon - Added at Signing 3 2,573.01 7,719.03
Mfg Pail#: 810-01714
9 Project Server - L/SA EA Addon - Added at Signing I 304.95 304,95
Mfg Part#: H22-00478
8/6/2004
~,HI Quote # 784702 Page 2 of 2
10 SharePoint Podal Server - L/SA EA Addon - Added at Signing I 1,612.49 1,612.49
Mfg Part~: H04-00321
11 Sys Mgrnt Server - L/SA EA ^ddon - Added at Signing I 230.95 230.95
Mfg Pa~: 271-01147
t2 Content Mgmt Server Ent I Processor - L/SA EA Addon - Added at Signing 2 10,079.44 20,158.88
Mfg Part#: V04-00057
13 Application Center Ent Listed Languages Lic/SAPackMVL 1 Prcsr Lic-AddedAt 2 1,044.66 2,089.32
Signing
Mfg Pen~: D93-00215
14 CommerceSvr Ent Listed Languages Lic/SAPackMVL 1 Processor License-Added 2 7,712.30 15,424.60
at Signing
Mfg Part~: G20-00144
15 Visio Pro - L/SA EA Addon - Added at Signing 20 174.41 3,488.20
Mfg Pa~#: D87-01251
16 project Server Device CAL - L/SA Ea Addon - Added at Signing 20 53.81 1,076.20
Mfg Part~: H21-00415
Total 168,721.79
Additional Comments
To process your order, you can e-mail your request to floridateamJ~shi.com. You can also fax it to 732-868-6055.
Please include a contact e-mail address on all orders, as this is required by most vendom Thanksl
Microsoft Contract~ 255-001-01-01
SHI Fed ID~ 22-3009648
SHI is a Certif'~:l Minority (Asian-Pacifio) Large Account Reseller, specializing in the sale and distribution of government pdced
software and hardware from a myriad of manufacturers ... including Microsoft, Symantec, Adobe, Macromedio, Veritas, Corel, Borland,
McAfee, Novell, HP, Xerox and moro.
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
8/6/2004
Microsoft Enterprise
Enrollment (indirect) - State and Local
Microsoft Business Agreement - Reseller purchase order number
number (if applicable)~ Reseller to complete ~
Reseller or Microsoft affiliele to
This Microsoft Enterprise Enrollment is entered into between the following entities. Each party will notify
the other in writing if any of the information in the following table changes.
Name of Entity Contact Name
~..~'~I~ ~ ~:~K~ (This perso, handles access to online Informatio., receives order
confirmations, true ups, renewal and other not~ces, unless a different
contact is provided b~low.)
Street Address Contact E-mail Address (required for online access)
Country~,~ S [ Postal cede Fax
Microsoft Account Manager Name Microsoft Account Manager E-mail
Microsoft Licensing, GP - 6100 Nell Road, Suite 210 - Reno, Nevada USA 89511-1137 - Dept. 551. Volume
Licensing
Name of Entity Contact Name
Street address Contact E-mail Address
(required for online access)
City State/Province Phone
Country Postal Code Fax
SLG Microsoft EA Enrollment (indirect) v6.1 Cover Page Page 1 of 16
(North America) September 1, 2003
Name of Entity Contact Name
Street Address Contact Email Address (required for electronic notice)
City State/Province Phone
Country Postal Code Fax
Definitions. As used in this enrollment, "you" refers to the entity that signs this enrollment with us, and
"we" or "us" refers to the Microsoft entity that signs this enrollment. All other definitions in the Microsoft
Enterprise Agreement identified above apply here.
Effective Date. If you are renewing Software Assurance from one or more previous "Enterprise
Enrollments" (as defined in subsection 3(a) (Placing the initial order) of the Microsoft Enterprise
Agreement identified above), then the effective date will be the day after the expiration of the first of those
Enterprise Enrollments to expire. Otherwise the effective date will be the date this enrollment is signed by
us. Where a previous Enterprise Enrollment is being used, your reseller will require the Enterprise
Enrollment number and end date to complete the applicable boxes above.
Term. This enrollment will expire 36 full calendar months from the effective date indicated below unless
terminated earlier or renewed as provided in the Microsoft Enterprise Agreement. We will provide you
with written notice 60 days prior to expiration of the initial enrollment or renewal term advising you of your
renewal options. For a description of renewal options, see subsection 12(e) of the Microsoft Enterprise
Agreement (How to renew an enrollment).
Representations and Warranties. By signing this enrollment, the parties agree to be bounds by the
terms of this enrollment, and you represent and warrant that: (i) you have read and understand the
Microsoft Business Agreement identified above (if any) and the Microsoft Enterprise Agreement, including
any amendments to those documents, and the product use rights, and agree to be bound by those terms;
(ii) you are either the entity that signed the Microsoft Enterprise Agreement or its affiliate; (iii) you have
250 or more qualified desktops; and (iv) the information that you provide on this cover page and each of
the attached forms is accurate.
Non-exclusivity. This enrollment is non-exclusive. Nothing contained in it requires you to license, use or
promote Microsoft software or services exclusively. You may, if you choose, enter into agreements with
other parties to license, use or promote non-Microsoft software or services.
Microsoft Volume Licensing Services (MVLS) .microsoft.com
(password protected site to view orders urger this enrollment)
SLG Mic~osolt EA Enrollment (indirect) v6.1 Cover Page Page 2 of 16
(North America) Sep~rnber 1, 2003
Microsoft
Microsoft Licensing, GP Law and Corporate Affairs
6100 Neil Road, Suite 210 One Microsoft Way
Reno, Nevada USA 89511-1137 Redmond, WA 98052 USA
Dept. 551, Volume Licensing Volume Licensing Group
(425) 936-7329 fax
This enrollment consists of (1) this cover page, (2) the Enterprise Order Form, and (3) the Reseller
Information Form.
Name
Microsoft Licensing, GP
Signature Signature
Printed Name Printed Name
Printed Title Printed Title
Signature Date Signature Date
(date Microsoft affiriate countersigns)
Effective Date
(may be different thar~ our signature date)
SLG Mi=osolt EA Enrollment (indirect) v6.1 Cover Page Page 3 of 16
(North America) September 1, 2003
Enterprise Order Form
1. Defining your enterprise.
Use this section to identify which affiliates will be included in your enterprise. Your enterprise must
consist of entire government agencies, departments or legal jurisdictions, not partial government
agencies, departments, or legal jurisdictions. Each affiliate must be entirely "in" or entirely "out." All
affiliates acquired after the effective date of this enrollment that are not party to an Enterprise Enrollment
of their own will automatically be included unless you fill in part b below (when we refer to an Enterprise
Enrollment in this section 1, we mean either (i) a Microsoft Enterprise Select Agreement; (ii) an enterprise
enrollment entered into under a separate Microsoft Select Master Agreement or Microsoft Enterprise
Agreement; (iii) an enterprise subscription enrollment under a separate Microsoft Enterprise Subscription
Agreement; or (iv) any other enrollment submitted under the Microsoft Enterprise Agreement identified on
the cover page).
You and all affiliates will be participating
You and the following affiliates will be participatir'tg (if no affiliates will be participating, write "none" on line
(attach a list of names on a separate piece of paper if more than 5 affiliates are being incJuded):
You and all affiliates, except the following affiliates, will be participating (attach a list of names on a separate piece of
paper if mom than 5 affiliates are being excluded):
Exclude all affiliates acquired after the enrollment effective date that are not party to an Enterprise
Enrollment of their own.
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprise Order Form Page 4 of 16
(North America) September 1, 2003
Enterprise Order Form
2. Selecting your language option.
Your selection below will determine the languages in which you may run the products licensed under this
enrollment, if you select "Listed Languages," you may run (i) all copies of each of your products in any of
the languages identified as "Listed Languages" below, and (ii) up to 10% of the copies of each of your
products in any of the languages identified as "Restricted Languages" below. If you select "All
Languages," you may run all copies of your products in any of the "Listed Languages" and any of the
"Restricted Languages."
~ Listed Languages
[] All Languages
Arabic Korean Danish Greek
Simplified Chinese Japanese Dutch Italian
Traditional Chinese Polish English3 Norwegian
Czech Portuguese (Brazil) Finnish Portuguese (Portugal)
English1 Russian French Spanish4
French Canadian Turkish German Swedish
Hebrew Thai
Hungarian Spanishz
English is a "Listed Language,' except when restricted as described in the "RestifCted Languages' list (see foothote 3)
2
Spanish is a 'Listed Language.' only If this enrctlment is signed in Latin America
English is a 'Restricted Language" if this enrollment is signed In Austda, Belgium. Denmark, France, Finland, Gem~any, Ireland, Italy,
Luxembourg. Netherlands. Norway, Portuga, United K ngdorn. Switzer;and, Sweden, or Spain
4
Spanish is a 'Restricted Language" unless this enrollment ia signed in Latin Amedca
3. Language allocation.
Provide us with your good faith estimate of the specific languages in which you will run all copies of all
products and the approximate percentage of those copies you will run in each language. Information that
you provide here does not limit your future use of products under this enrollment in any permitted
language within the language group you select above. Attach a separate sheet if more space is needed,
%
%
%
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprise Order Form Page 5 of 16
(North America) September 1, 2003
Enterprise Order Form
4. Applicable currency.
The currency we accept is based on the country in which you are located. All payments must be made
under this enrollment in the accepted currency.
y: U.S. Dollars
Currency Table:
~ Australia ~ ' " *
Canadian Dollam Canada
Danish Krone Denmark
EUROs Austda, Belgium, Denmark, Finland, France, Germany, Ireland, Greece, Italy,
Luxembourg, Netherlands, Norway, Portugal, Spain, Switzerland, Sweden, and United
Kin~ldom
Japanese Yen Japan
Korean Won Korea
New Zealand Dollars New Zealand
Norwe,~lian Krone Norway
Ppunds Stedin~l ' United Kin~ldom
Swedish Krona Sweden
Swiss Francs Switzerland
Taiwan Dollars Taiwan
US Dollars United States, Latin Amedca, Asia (except Japan, Korea, and Taiwan), Eastern Europe,
Middle East~ Afl.ica
5. Establishing your price level.
The price level indicated in box 5(b) will be your price level for the initial enrollment term all enterprise products and
for any additional products in any pool in which you have ordered an enterprise product. For additional products in
any pool in which you have not ordered an enterprise product, your price level will be level "A".
Qualified Desktops: You represent that the total number of qualified desktops in
your enterprise is, or will be increased to, this number during the initial term of this ~ (~
enrollment. (This number must be equal to at least 250 desktops.) S(a)
250 to 2,399 A enterprise product):5(b)
2,400 to 5,999 B
6,000to 14,999 C I ~'~;¢e Level (for pcols in which you do not o~der ~llalBlaal~llall~
15,000 and above DI an enterprise product):
6. Enterprise Product Orders.
The pdces stated below are for your reference only. Your prices and payment terms for all products
ordered will be determined by agreement between you and your reseller.
SLG Microsoft EA Enrollment (Indirect) v6.1 Enterprise Order Form Page 6 of 16
(Nor/h America) September 1, 2003
Enterprise Order Form
a. Initial order for enterprise products.
The license reference pdces for the enterprise products covered by your initial order are set forth below.
We will invoice your reseller in three equal annual installments. The first installment will be invoiced upon
our acceptance of this enrollment; the remaining installments will be invoiced at the next two
anniversaries of the enrollment effective date. You must choose the Enterprise Desktop Professional
Platform (which is composed of all three of the individual enterprise products) or at least one of the
individual enterprise products before selecting any additional products in section 7 (Additional product
orders) below.
Enterprise Product Selection Table:
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprise Order Form Page 7 of 16
(North America) September 1. 2003
Enterprise Order Form
* The components of the current version of Office Professional, Office Standard, and the current versions of
the components that make up the Core CAL, are identified in the Product List.
b. True up orders for enterprise products.
The license reference price for the enterprise products covered by any true up orders submitted during
the initial term is set fo;th below. That license price is based on the price level identified in box 5(b)
above. We will invoice your reseller in total upon our acceptance of each true up order.
Enterprise Product True Up Price Table:
*Office Professional
*Office S~ndard
Operating System Upgrade
Access License
Client Access License
License
Systems Management
Se~er Client Access
License
Access License
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprise Order Form Page 8 of 16
(North America) September 1, 2003
Enterprise Order Form
c. Qualifying systems licenses.
All desktop operating system licenses provided under this program are upgrade Licenses. Therefore, if
you select the Enterprise Desktop Professional Platform or the Windows Desktop Operating System
Upgrade & Software Assurance, all qualified desktops on which you will run the Windows Desktop
Operating System Upgrade must be licensed to run one of the qualifying operating systems identified in
the Product List at http://www.microsoft.com/licensin,q. Note that the list of operating systems that qualify
for the Windows Desktop Operating System Upgrade varies with the circumstances of your order, That
list is more extensive at the time of your initial order than it is for some subsequent true ups and system
refreshes during the term of your enrollment.
?. Additional Product Orders.
The license pdces stated below are for your reference only. Your pdces and payment terms for all
products ordered will be determined by agreement between you and your reseller.
a. Initial order for additional products.
The license reference prices for each additional product covered by your initial order are listed in the table
below. We will invoice your reseller in three equal annual installments. The first installment will be
invoiced upon our acceptance of this enrollment; the remaining installments will be invoiced at the next
two anniversaries of the enrollment effective date. You may license additional products by entering the
names and quantities for the products of your choice in the Additional Product Selection table. For a list
of the available additional products, contact your reseller.
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprise Order Form Page 9 of 16
(Nodh America) September 1, 2003
Enterprise Order Form
Additional Product Selection Table:
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprise Order Form Page 10 of 16
(North America) September 1, 2003
Enterprise Order Form
Additional Product Selection Table:
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprise Order Form Page 10 of 16
(North America) September 1, 2003
Enterprise Order Form
b. Subsequent additional product orders.
The license reference price for any new additional product not initially included in your enrollment will be
the then current reference price for your price level for that product as of the date of your order, We will
invoice your reseller in total upon our acceptance of your order. Once you have placed the first order for
copies of a new additional product, you may run additional copies of that product at any time and order
them as described in subsection 7(c) (True Up Orders for Additional Products).
c. True up orders for additional products.
The license reference price for additional products initially included in your enrollment and covered by any
true up order submitted during the initial term is set forth below. That license reference price is based on
the price level identified in the box in 5(b) or 5(c) above, as applicable. The true up license reference
price for any new additional products will be the then current true up reference price for your price level
for that product as of the date of your first order for that product. We will invoice your reseller in total
upon our acceptance of your true up order.
Additional Product True Up Price Table:
8. First. year o~er summa~
The table below summarizes information about your order collected elsewhere i~ this enrollment, as well
as information necessa~ for us to process that order. This table should be completed for customers with
250-750 desktops and other customers whose resellers are not receiving a Channel Price Sheet from us,
The pad number and price level information required below is provided to your reseller on the Enterprise
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprise Order Form Page 11 of 16
(North America) September 1, 2003
Enterprise Order Form
b. Subsequent additional product orders.
The license reference price for any new additional product not initially inciuded in your enrollment will be
the then current reference price for your price level for that product as of the date of your order. We will
invoice your reseller in total upon our acceptance of your order. Once you have placed the first order for
copies of a new additional product, you may run additional copies of that product at any time and order
them as described in subsection 7(c) (True Up Orders for Additional Products).
C. True up orders for additional products.
The license reference price for additional products initially included in your enrollment and covered by any
true up order submitted during the initial term is sat forth below. That license reference price is based on
the price level identified in the box in $(b) or 5(c) above, as applicable. The true up license reference
price for any new additional products wil~ be the then current true up reference price for your price level
for that product as of the date of your first order for that product. We will invoice your reseller in total
upon our acceptance of your true up order.
Additional Product True Up Price Table:
8. First-year order summary
The table below summarizes information about your order collected elsewhere in this enrollment, as well
as information necessary for us to process that order. This table should be completed for customers with
250-750 desktops and other customers whose resellers are not receiving a Channel Price Sheet from us.
The part number and price level information required below is provided to your reseller on the Enterprise
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprise Order Form Page 11 of 16
(North America) September 1, 2003
Enterprise Order Form
Agreement Price List. The language option for each of the products that will be invoiced to your reseller
will be what you selected in section 2 (Selecting your language option).
Price list month ~ ~t i "~ ~
(Them~nthinwhichy~us~gnthisenr~~~ment~un~essy~ursignatured~tepmcedes~ursignaturedate I ~t~' ~ ~
by more than 30 days. In that case, itwi[Ibe~hemonthlnwhlchweslgntheenrollment) I ~ t'~--' ~ ~
Purchase period I 'Add at Signing"
(Reference pdce$ below con'espond to the 'Add at Signing' purchase ~edod on the product price list.)
Enterprise and Additional Product Billing Summary:
~ -- o~o~z ~%~ ~n~ 05~ 'Soo
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprise Order Form Page 12 of 16
(North America) September 1, 2003
Enterprise Order Form
Agreement Price List. The language option for each of the products that will be invoiced to your reseller
will be what you selected in section 2 (Selecting your language option).
Price list month ~ /~O
(The month in which you sign this enrollment, unless your signature date precedes our signature date , ~ ~.~,1~
by more than 30 days. In that case. it will be the month in which we sign the enrollment.) I
Purchase period
I
"Add
at
Signing"
(Reference pdces below con'espond to the "Add at Signing" purchase pedod on the product pdce list.) J
Enterprise and Additional Product Billing Summary:
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprrse Order Form Page 12 of 16
(North America) September 1, 2003
Enterprise Order Form
9. Renewal orders.
For any 36-month renewal, your renewal order will be invoiced to your reseller in three annual
installments. The first installment will be invoiced upon our acceptance of the renewal order; the
remaining installments will be invoiced at the next two anniversaries of the effective date of that renewal
term. For any 12-month renewal and for any true up orders, we will invoice your reseller in total upon our
acceptance of your order.
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprise Order Form Page 13 of 16
(North America) September 1, 2003
Reseller Information Form
General information
Reseller Company Name:
Street Address:
City and State / Province and Postal Code:
Country:
Contact Name:
Phone Number:
Fax Number:
Email Address:
The undersigned confirms that the reseller information is correct.
Name of Reseller
Signature
Printed Name
Printed Title
Date
SLG Microsoft EA Enrollment (indirect) v6,1 Reseller Information Form Page 14 of 16
(North America) September 1, 2003
Appendix
Media Shipping Information Form. Starter CD Kit
Agreement #
(Reseller er Microsoft
affiliate to complete)
Enrollmenl
(Microsoft affiliate to
complete)
Customer Contact Contact Email:
Name:
Contact Phone:
At your option, Starter CD kits and CD-ROM subscriptions relating to your Enterprise Enrollment (identified above)
will be shipped to the address set out below. Terms used but not defined in this form have the meanings given to
them in your enrollment.
Customer Name * Contact Name *
Contact Email Address *
J City dod State I P~rovin..c~ ~ - Contact Phone Number *
Country and POstal Code Contact Fax Number
If you choose below to receive media, then upon our acceptance of your enrollment, we will send you your starter CD
kit in the language(s) you select. This starter CD kit will be provided at no additional chaq]e, in order to permit you to
exercise the license rights granted under your enrollment and the related Enterprise Agreement. You may also
subscribe to updates in the form of CDs, or upon reasonable notice, electronic download or similar other means. If
you need additional CD kits and updates, you may order these through your reseller for a fee. For a complete list of
the contents of any kit, visit the web site at htto://selectu(~.msiicense.com
'~], I want to receive starter CD kit ~ I want to subscribe
8
(media)
to
receive
kit
updates
[] I do not want to receive a starter CD Kit
(media) [] I do not want to subscribe to receive kit updates
The charges for any purchased media may be subject to sales taxes based upon where media delivery occurs. If you
are exempt from sales taxes in the media delivery location, please provide the applicable sales tax exemption
documentation with your enrollment.
SLG Microsoft EA Enrollment (indirect) Media Order Form v6.1 Appendix Page 15 of 16
(No~th America) September 1, 2003
Appendix
Media Shipping Information Form - Starter CD Kit (Continued)
Language Ente~nse Kit Mapping Kit*
En lish/MulfiLan ua e**
Arabic []
Brazilian Portuguese [] __
Chinese Simplified ***
Chinese Traditional []
Chinese Traditional Hen Ken /Pan-Chinese
Czech []
Danish
Dutch []
Finnish
French
German [] []
Greek [] I
Hebrew
Italian []
Japanese [] /
Korean
NonNe lan (~ _
Polish []
Po~uguese []
Russian
Spanish
Swedish [~) I
Thai
Turkish
* Mapping Kit Is not available for use in or shipment to, India, Hong Kong SAR, Macau SAR, China, Morocco,
Pakistan, and Turkey
** Before installing any of the Mulfilanguage Packs1 the English version of the product must first be installed. If you
order EnglishlMullilanguage, you must also order English
*** Chinese Simplified Enterprise Kit does not include Windows Professional. Contact your reseller for separate
fulfillment of Wlndowe Professional media In Chinese Simplified.
Not Available
SLG Microsoft EA Enrollment (indirect) Media Order Form v6.1 Appendix Page 16 of 16
(Nodh America) September 1, 2003
Enterprise Order Form
4. Applicable currency.
The currency we accept is based on the countn/in which you are ~ocated. All payments must be made
under this enrollment in the accepted currency.
Type of currency: U.S. Dollars
Currency Table:
~ Australia
Canadian Dollars Canada
Danish Krone Denmark
EUROs Austria, Belgium, Denmark, Finrand, France, Germany, Ireland, Greece, Italy,
Luxembourg, Netherlands, Norway, Portugal, Spain, Switzerland, Sweden, and United
Kingdom
Japanese Yen Japan
Korean Won Korea
New Zealand Dollars New Zealand
Norwegian Krone Norway
Pounds Sterling] United Kingdom
Swedish Krona Sweden
Swiss Francs Switzerland
Taiwan Dollars Taiwan
US Dollars United States, Latin America, Asia (except Japan, Korea, and Taiwan), Eastern Europe,
Middle East~ Africa
5. Establishing your price level.
The price level indicated in box 5(b) will be your pdce level for the initial ~nrollment term all enterprise products and
for any additional products in any pool in which you have ordered an enterprise product. For additional products in
any pool in which you have not ordered an enterprise product, your pdce level will be level "A".
250 to 2,399 A enterprise product): 5(b)
2,400 to 5,999 B
6,000 to 14,999 C Price Level (for pools in which you do not order ~
15,000 and above D an enterprise pl'Cduct):
6. Enterprise Product Orders.
The prices stated below are for your reference only, Your prices and payment terms for all products
ordered will be determined by agreement between you and your reseller.
SLG Microsoft EA Enrollment (indirect) v6.1 Enterprise Order Form Page 6 of 16
(North America) September 1, 2003
AGENDA ITEM NUMBER:
AGENDA REQUEST
Date: 8-11-04
Request to be placed on:
X Consent Agenda __ Special Agenda __ Workshop Agenda
When: 11-17-04
Description of agenda item: Approval of the annual payment for the Microsoft Enterprise
License Agreement which will cover the licensing of all clients, servers, and the Content
Management Web Server software at a total cost of $168,721.79. Funding is available from
account number 334-6112-519-66.10.
ORDINANCE/RESOLUTION REQUIRED: YES NO X
Draft of Resolution Attached: YES NO
Recommendation: Approval is recommended by the Finance Director and the MIS Manager.
Determination of Constst®ncy wRh CompreheneNe Plan: N/A
City Attomey Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Yes X ~ No
Funding altematives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda: (~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved: Disapproved:
CCM 81t7104
Proposed Budget
I would like to commend the City Manager and his staff for working diligently, and
making the difficult priority decisions required to maintain last year's total millage
rate as the Mayor and the City Commission had recommended.
However, I am concerned that we may be mortgaging our futura excessively with
scheduled carry-over expendituras. In 2006, debt service will incraase by over
$700,000 from the proposed 2005 level. New staff positions filled during the year,
and salary incraases will add to the carry-over effect. I racommend that the
Budget Department prepara a schedule summarizing all carry-over expendituras
so that we will know, now, how much extra revenue, we will need in 2006. Double
digit property valuation increases will not go on indefinitely, and we need to be
prapared.
Our City clearly needs to do a better job of communicating budget information.
We ara not doing that when only a handful of citizens take the time to familiarize
themselves with the proposed budget. I believe that the City has both a
rasponsibility and a duty to better inform its citizenry about the budget by
praparing an understandable, summary raconciliation of significant vadancss
between the current year's estimate and the proposed budget. Since this
exercise is commonly done during budget preparation, the extra work involved is
simply putting the information into prassntation format. Thera's no excuse for not
providing such a summary; otherwise, Citizens ara discouraged from reviewing
the budget, do not know what is in it, and some ara even suspicious of it. Further,
to improve the budget communication process, it should be posted on the City's
web site and the summery reconciliation of significant variances made available
for frae for any resident raquesting a copy.
The ravised budget includes over $1.8 million dollars in grants to not-for, profit
organizations. With a population of 62,000 residents, that seems excessive. I do
not believe that taxpayers want the City to be an equity investor in any not-for-
profit organization. I fully appreciate the City's special ralationship with the
Library and Old School Squara; however, I am not pleased when I hear the
Prasident of Old School Squara tell us about the unexpectedly large endowment
raceived from the Comell estate, and almost in the same braath, say that he is
counting on the City for help in funding the operating raquiraments of Old School
Square for the next 5 years. Old School Squara needs to find its own dedicated
funding sources.., to cover its own operating expenses. It shouldn't be left to the
City and the taxpayers of Delray Beach. We, too, have limited rasources.., that
should be spent judiciously.
Jim Smith
CCM 8117104
Sidewalk on SE 7 Ave.
Kudos to the City for installing a sidewalk along the east side of
S. E. 7 Ave. from Atlantic Ave. to S. E. 1st St.
It's a win, win, win for motorists, pedestrians, restaurants, and
other downtown merchants.
As a result residents in the neighborhood will be mom inclined
to walk to the new restaurant in the Blank House and other
downtown destinations.
it means that there will be fewer cars and SUVs driving around
downtown and reduces the pressure on providing even more
downtown parking.
At the same time, sidewalks are people friendly as they
encourage physical activity (one of the weapons in our arsenal
in the war against obesity), and reduce the amount of dangerous
pollutants in the air we breathe.
In short, sidewalks improve the quality of life for everyone.
In closing, I ask the City to plant shade trees, where possible,
along the new sidewalk.
In South Florida, after a sidewalk, them is nothing more
important for pedestrians than protection from the sun and rain.
We must develop the discipline to automatically consider and
encourage building overhangs, awnings and shade trees when
planning a new sidewalk.
Jim Smith
August 17, 2004
Mr. Paul Romanowski, Division President
D.R. Horton Homes
1192 East Newport Center Drive, Ste. 150
Deerfield Beach, FL 33442
Subject: Bexley Park
Dear Mr. Romanowski,
I have received your letter and want to confirm that the offer is as follows:
1. The lot premiums shall be those set forth and attached to your August 3, 2004
correspondence.
2. The price of the largest home has been modified per the attachment to your
August 3, 2004 letter.
3. Wood cabinets will be installed in all kitchens, m all product types, as a
standard feature.
4. Refrigerators will be included as a standard feature in all product types.
5. There will be no penalty or requirement for a deposit if a purchaser decides to
use another mortgage company other than provided by D.R. Horton, Inc.
6. D.R. Horton, Inc. will offer 25 single family homes, 10 townhomes and 10
manor homes in a lot selection event for the participants of the initial City
employee and general public lottery who did not purchase a home. D.R.
Horton, Inc. will send out a letter notifying those prior participants, giving them
two weeks to submit a refundable $5,000 deposit to secure a position in the
same order of the prior lot selection event.
If this letter comports with the offer you are giving the City, please let me know.
Thanks.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CITY OF DELRAY BEACH, FLORIDA
By: By:
Susan A. Ruby, Esq. Paul Romanowski
City Attorney Division President
D.R. Horton, Inc.
n.n-Ho.mo N'.
AUguR 17, 2004
Susan ~by
city o~ Delray Bosch
200 N.W. 1~ Aw.
Delmy Beach, Florida
~ Ms. ~uhy:
It is my understandin~ that the Mayor and City Council are in a~ment with the terms of the attached
letlzr dated August 3, 2004, but r~quesl~d that the original participants in the Bexl~y Park sales lottery ar~
given another opportunity to purohsse at Bexley Park prior to the next lott~r~,
As a final offer to s~tlc this issue, D.R. Horton, I~c, would like to honor that request by offering 2~ single
family homes, 10 tow~hames and 10 ma~or homes in a lot sal~'tion e~ent for the participants of the
initial City Employee and Ganoral Public Lottery who did not purchase a home, D.R. Horton, Iac, will
send out a letter notit~ing those prior panicipant~ of the lot selection event and th~ will be given two
weeks to submi! a $$,000 refu~clable dcposlt to secure their position in the ~¢ent. The participants will be
givan an opportunity to make a lot scleotion in the same order of thc prior lot selection events,
Pleas~ call me one. you have hag a chanc~ to r~view this i~formatio~ with the Mayor and City Council ss
we arc pr~ared to start implementing these changes immediately ai~r we receive the City's approval.
J~-~manow~ld
Division President
D,R, Honon, Ino,
1192 E~st Newport Center Dltve · SUP" 150 · Dec.cid i~¢J~, ~ ~5~2 ~~
(95~ 42~ · r~: ~54) 42~7~91
~ 'd 888~'0N eP!J°ld qln°S '°uI u°l~°H 'a'Q RdGE:i ~00~ 'Li'~nv
B.KHORIBN'
August 3, 2004
Susan Ruby
200 N,W, 1'~ Ave.
Dear Ms. Ruby:
Attached is the list of initial lot premiums and proposed changes that D,R. Horton, Iai, is willing to make
in an aft~mpt to s~ttlc the misunderstanding over the language in our response to the RFP, Contract and
Warranty D~d, In addition W the change in lot premiums, we have modified the price of the largest
home and will be adding refrigerators to the llst of stsndard features.
If this is acceptable to the City of Delray Beaoh, pleas~ l~t me lmow and tho modifications will be made
to any existing contracts to reflect these changes and the remaindar of the homes at Bcxlcy Park will be
offered through a series of lottery sales events with the next lott~y planned for early October,
Please call me onc~ you have had a ohance to review this information with the Mayor and City Council a~
we are prel~d to start implementing those changes immediately after we receive the City's approval.
Paul J. Romanow~ki
Division President
D.R. Herren, Inc.
1192 ga~t Newport Center Dn'~e * Suite 150 * Deei~..ld Beach, ~fi~ 33~2
(95~ 4~854. F~ ~54) 42~7391
~ 'd ~8~'°N ~p!Jot~ qsnos 'ouI uosJoH '~'0 ~d~',[ ~00~ 'L~'~nv
BEXLEY PA,RK PRI~;NG Si:
? Phase I 241~L ~,0~ ~,000 ~0,~ $~0,500 ~,800 ~335,500
2 Ph.e I 300~L ~g0,~ $0 ~0,~ $10,500 ~10.S00 $300,500
3 Pha.e I 2737~L ~88,~ ~5,000 ~0,~ $10,600 ~,500 $320,500
4 Pha~ I ~I~L $280,~ ~ ~0.~ $10,500 $280,5~ 8270,500
S Pha~ I 3247~L ~g0,~ ~S,~ ~5.~0 ~,5~ ~70,~ $3~,500
6 Pha~l 190~L $1g0,~ ~ ~5,S00 ~5,5~ $215,~ $215,500
8 Ph~ I 3247A~L ~go.~0 ~ ~,600 $10,500 $330,~
g Phml ~37~L ~,000 $25,~ ~,500 $25.500 ~5,~0 ~35,~
10 Phil ~R ~,000 ~ ~,800 825,500 $~5,500
12 Ph~ I 2~7~R ~,0OO ~ ~0,~0 $10,500 $~,600 ~gS,S00
t4 Ph~e I 3247~R ~90,000 $0 ~,~ $10,5~ ~0,500 $300,500
15 Phame I 3002~R ~g0,~ ~0.000 ~0,~ SIO, S00 ~0,500 $320,500
76 Ph~m I lg0~R $1g0,~ ~ $15,~ $0 ~0~,~ $190,000
~ Phaae I 2737~L $28E,~ ~5,~ $15.~ $0 ~25,~ 8310,000
78 Pha~ I ~I~L ~60,~ ~ 815,500 ~ $275.~ $2~,000
~ PhaM I 30~L $290,000 $20.~ $16,600 ~ ~25,~ ~10,000
~ Ph~ I ~7~L ~gO,~ ~ S15,S00 ~ ~5,~ $2g0,0~
81 Pha~l 2418B~L ~,000 $25,~ ~5,000 $1S,~0 $310,000
~ Ph~ I 24~L ~,000 ~ ~5,500 825,500
~ Ph~ I ~2B~L ~,000 $20,000 $~0,500 8t0,500 $~0,500 ~20,~0
~ Pha~ I I~L $1~,0~ $5,000 $10,~ ~ ~,SO0 $195,000
~ Ph~ I 241~L ~,0~ ~ $15,~ $0 ~75,500 $2~0,000
M Ph~el 3~7~L 8290,000 ~,000 $1B,~ $0 ~80,~ S~25,000
87 Pha~e I 300~ $2g0,~ $0 ~0,~ St0,500 ~10,~ $300,500
~ Pham I ~R $290,000 ~6,~ $15,500 ~ ~30,~ ~15,000
92 Ph~ I ~B~R ~,0~ ~O,~ $15,500 ~ $325,500 ~10,000
~ Ph~ I 241~R $2~,000 ~ $16,600 ~ $~6,600 ~280,~
M Ph~I 2418~R ~.0~ $25,000 ~5,~ $20,500 ~10,500 ~05,500
97 Phil lg0~R $1~,~ ~ ~0,~ $35,500 ~,500 ~25,600
98 Phis I 241~L ~80.~ ~6,000 ~5,~ $15,500 ~.5~ $310,500
99 Phis I 2737~R ~86,~ $0 $15,~ $10,600 ~0,~ $295,600
1~ Phil 241B~L ~80,~ ~6,0~ $15,~ $10,500 ~00.~ $295,500
101 PhaM I 30~ $2g0,~ ~ ~0,800 ~5,50D ~30,~ $325,500
'd 888~'ON ~p!~ol~ q~nos ,ou[ uo~JoH '~'0 ~dg~:[ ~00~
BEXLEY PARK PRICING TH
LOT DESC. PI.AN BASE LOT PREM Adj. Prem. TOTAL New Total
I Phase I D $185.000 $20,500 $20,5.00 $206,600 $20.5,500
2 Phase I B $168,000 $0 $0 $168,000 $188,000
$ Phase I C $180,000 $0 $0 $180,000 $150,000
4 Phaas I C $150,000 $0 50 $150,000 $180,000
.5 Phase I B $168,000 $0 $0 $188,000 $168,000
8 Phase I D $185,000 $20,500 $20,5iX) $208,500 $205,500
7 Phase I D $185,000 $40,500 $25,500 $225,500 $210,500
8 Phase I B $188,000 $25,500 $10,500 $193,500 $178,500
9 Phase 1 C $180,000 $25,500 $10,500 $205,500 $193,500
10 Phase I C $180,000 $28,500 $10,500 $268,500 $193,500
11 Phase ! i~ $168,000 $25,$00 $10,500 $193,500 $178,500
12 Phase I D $185,000 $35,500 $26,500 $220,500 $210.500
13 Phase; D $185,000 $20,500 $20,500 $20~,500 $205,500
14 Phase I A $t55,000 $10,500 $10,500 $168,500 $165,500
15 Phase I C $180,000 $10,500 $10,500 $193,500 $190,500
16 Phase I B $168,000 $0 $0 $168,500 $168,000
17 Phase I D $18.5,000 $10,500 $10,500 $195.500 $195,500
18, Phase I D $185,000 $15,600 $15,500 $200,500 $200,500
19 Phase I C $180,000 $0 $0 $180,000 $180,000
20 Phase I C $180,000 $0 $0 $180,000 $180,000
21 Phase I C $180.000 $0 $0 $180,000 $180,000
22 Phase I D $185,000 $10,500 $10,500 $195,500 $195,500
23 Phase I D $188,000 $t0,500 $10,500 $195,500 $195,500
24 Phase I A $168,000 $0 $O $155,000 $15.5,000
25 Phase I C $180,000 ~ $0 $t80,000 $180,000
26 Phase I B
27 Phase I D $185,000 $15,500 $1.5,580 $200,500 $293,500
28 Phase I D $185,000 $15,500 $15,500 $200,500 $200,500
29 Phase I C $180,000 $0 $0 $180,000 $180,000
30 Phase I C $180,000 $0 $0 $180,000 $t80,000
31 Phase I C $180,000 .~) $0 $t.50,000 $180,000
$2 Phseel D $185,000 $10,500 $10,500 $1~5,500 $195,500
33 Phase I D $185,000 $10,500 $10,500 $19.5,500 $195,500
~4 Phase I C $180,000 $10,500 $0 $190,500 $180,000
3B Phase I C $180,000 $20,500 $20,500 $200,500 $200,500
36 Phase I C $t80,000 $20,500 $20,500 $200,500 $200,500
37 Phase I D $185,00~ S40,500 $30,500 $225,500 $215,500
38 Phase I D $185,000 , $45,500 $35,500 ~.30,500 $220,500
39 Phase I C $t80,000 $25,600 $20,500 $205,500 $200,~00
40 Phase I C $180,000 $26,500 $20,500 $205,500 $200,500
41 Phase I D $185,000 $35,500 $30,500 $220,800 $215,500
42 Phase I D $150,000 $36,500 $30,500 $220,500 $215,500
43 Phase I A $1~5,000 $25,500 $20,600 $180,500 $175,500
44 Phase I C $180,000 $28,600 $20,500 $205,500 $200,500
46 Phase I C $180,000 $25,800 $20,500 $268,500 $200,.500
46 Phase I E! $168,000 $25,500 $20,500 $193,600 $'168,500
47 Pha~e I D $t85,000 $,38,500 $30,500 $220,500 $215,500
46 Phase I D $185,000 $28,500 $30,500 $220,500 $21.5,500
49 Phase I A $t58,000 $215,500 $20,500 $180,600 $17.5,500
50 Phase I C $180,000 $25,500 $20,500 $205,500 $200,500
51 Phase I C $150,000 $25,500 $20,500 $205,500 $200,500
$2 Phase I B $168,000 $25,500 $20,500 $193,500 $188,500
53 Phase I D $185,000 $25,500 $30,500 $220,500 $215,500
54 Phase I D $168,000 $35,600 $30,500 $220,500 $215,500
55 Phase I A $188,000 $2.5,.500 $20,.500 $180,500 $t75,500
58 Phase I C $180,000 $25,500 $20,500 $205,500 $200,500
'd SS8~'°N ep!~oi~ q~nos 'ouI uo~JoH '~'O ~dG~:[ ~00~ 'LI'~nv
~7 Phase I C $180,000 $25,500 $20,500 $205,500 $200,500
~ Phase I B $16~,000 $25,500 $20,500 $193,~00 $188,800
56, Phase I D $185,000 $35,5~0 $30,600 $220,500 $215,500
60 Phase l D $185,000 $~5,500 ,%t0,500 $220,500 $215,600
01 Phase I C $180,000 $25,500 $20,500 $205,600 $200,500
62 Phase I C $180,000 $25,500 S20,600 $205,600 $200,600
63 Phase I C $180,000 $25,500 $20,500 $205,500 $200,500
64 Phase I D $186,000 $45,500 $40,500 $230,00o $226,500
BEXLEY PARK PRICING MH
LOT # LOT DE$C BASE LOT PREM ^dj Pram TOTAL New Total
1/21 Phasel $130,000 $20,500 $15,800 $160,500 $145 500
2/21 Phase $148,000 $20,$00 $15,500 $188,500 5163500
3/21 Phase $150,000 $5,500 $0 $155,500 $150000
1/22 Phase $t30,000 $0 $0 $t30,000 $130000
2/22 Phase $148,000 $5,500 $0 $153,800 $148000
3/22 Phase $150,000 $5,500 $0 $155,800 $150000
1/23 Phase $130,000 $0 $0 $130,000 $130000
2J23 Phase $148,000 $5,500 $0 $153,500 $148,000
3/23 Phase $150,000 $10,500 $5,500 $160,500 $155,800
1/24 Phase $130,000 $0 $0 $130,000 $130,000
2/24 Phase $148,000 $10,600 $5,500 $158,500 $153,500
3/24 Phase $150,000 $5,500 $0 $155,500 $150,000
1/25 Phesa l $130,000 $0 $0 $t30,000 $130,000
2/25 Phasa l $148,000 $5,600 $0 $153,500 $148,000
3/25 Phase l $150,000 $5,500 $0 $155,500 $150,000
1128 Phase l $130,000 $0 $0 $130,000 $130,000
2/26 Phasa l $148,000 $5,500 $0 $183,500 $148,000
3/28 Phase l $150,000 $5,500 $0 $155,500 $150,000
1/27 Phase l $130,000 $5 $0 $130,000 $130,000
2~27 Phasa l $148,000 $5,500 $0 $153,500 $148,000
3/27 Phase l $150,000 $5,500 $0 $155,500 $150,000
1/28 Phase l $130,000 $0 $0 $130,000 $130,000
2/28 Phase l $148,000 $5,500 $0 $153,500 $148,000
3/28 Phase l $150,000 $5,500 $0 $155,500 $180,000
1/29 Phaeel $130,000 $20,500 $15,500 $150,500 $148,500
2/29 Phase l $148,000 $0 $0 $148,000 $148,000
3/29 Phaae l $150,000 $20,500 $15,500 $170,500 $165,500
Page 1 of 1
Nubin, Chevelle ~
From: Ruby, Susan
Sent: Thursday, August 05, 2004 9:17 AM
To: Harden, David; Nubin, Chevelle
Cc: Perlman, Jeff; 'Delcommish@hotmail.com'
Subject: Agenda item for a special meeting for August10 the agenda
Please consult with the Mayor as to whether he wants the Bexley Park matter to be included as an item on next
weeks agenda. I believe the Mayor will be speaking with D. R. Horton representatives prior to next weeks
meeting on the remaining issue. I am anticipating that the remaining issue will be resolved and, if it is, the
Commission can then give formal direction on whether to accept the proposal. If the Item is placed on the agenda,
the letter and attachments distributed to the Commission last Tuesday night may serve as the back up material for
the agenda item. I will be out of the office on Friday but I can be reached by email or ceil phone at 561-479-7494
if you have any questions. Thanks.
Su~an .~. 2~uf~j
City Attorney
200 N. W. 1st Ave.
Delray Beach, FI. 33444
561-243-7091
ru by~.ci.delray-beach .fi.us
8/5/2004
n.n. XOam N\
August 3, 2004
Sunn
200 N.W, 1~ Ave.
Delray Beach, Florida 33444
Dear ~. Ruby:
Attached is ~e llst of initial lot pramiums and ~s~ ~es t~t D,~, Horn, ~c. is willi~ ~ m~
in ~ a~ ~o ~le ~e m~~g ov~ ~e 1~ in our ~s~e W ~ ~, C~ ~d
W~ Deed. ~ ~digon ~ ~e ~ ~ lot ~i~s, we ~vo modifi~ ~e p~ of~e l~gest
home and ~ll ~ add~g ~ig~s W ~e lia of s~ fe~s.
If~is is a~ble w ~ Ci~ of Dclray Bea~, ple~ l~ me ~ ~d ~e mo~fica~s will ~ m~e
to ~ ~i~ c~ ~ mfl~ ~e~ c~es ~d ~e ~nder of~ homes at Be~ P~k wifl be
offered ~u~ a s~ of l~ sales ~en~ ~ ~e n~t lo~ plied ~r ~rly Octob~,
PIe~ ~11 me ~ you ~ h~ a c~ W ~i~ ~is ~i~ ~ ~e ~y~ ~d CiW Co~cil ~
we ~ p~p~ ~ s~ ~plementing ~e~ ch~ges ~edhtely a~r ~ ~ei~ ~e Ci~'s a~aL
Paul J, Romanowsld
Division President
D.R. Horton, Inc.
(~54) 428-4854 · Fs.~ (9~4) 428-7591
a 'd ~98['ON ap!3olg qlno$ 'ou[ uol~oH 'a'(] ~td§O:~ ~'OOa 'S '~nV
BEXLEY PARK PRICING SF
Lo'r," ~ PLAN BAal; ~ ~ Adl. Pram, TOTAL NewTot~l
I Phase I 2418B-i3L $2~0,000 $26,000 ~0,S00 $50,500 $345,500 $335,500
2 Ph~e I 3002.A.QL $290,000 $0 $20,500 $10,~00 $310,500
3 Phase I 2757B-GL $285,000 $25,000 $20,-~00 $10,$00 $330,500 $320,500
4 Phase I 2418A-QL $260.000 $0 ~[~0,500 $t0,500 $380,500 $270,500
0 Pha.el 3247B-GL $290,000 ;,35,000 $25,590 $25,-';00 $370,~00 $350,500
S Phase I 1902A-GL $190,000 S0 $25,500 $25,500 $215,500 $216,500
7 Phe~e I 30028-GL $290,000 $20,000 $20,500 $10,500 $330,500 $320,500
8 Ph;m. I 3247.'e~GL $290,000 $0 $20,500 $t0,500 $330,500 $300,500
g Ph-,.e I 2737B-GL $285,000 $25,000 $3~,500 $25,500 $345,500 $355,500
10 Phue I S002A-GR $2g0.000 $3 $3~,~0 $25,500 $328.500 $3t5,600
11 Phasel Ign2B-GR $190,000 $5.000 $20,500 $10,500 $315,~00 $205.500
12 Phase I 2737A-GR $286,000 $0 $20,~00 $10,500 $305,500 $295,500
13 Phamel 2416B-GR $260,000 $20,000 $20,500 $10.500 $305,500 $295,500
14 Phtse I 3247A-C-,R '$290,000 $0 $20,500 $'10,500 $230,500 $300,500
15 Pha~e I 3002B-GR $2~0,000 $20.000 $20,500 $'10.500 $330,500 $320.500
75 Phase I 1902A-GR $190,000 ~0 $10,500 $0 $200,500 $190.000
77 Pha~.e I 2737B-GL $2~5,000 $25.000 $15,500 $0 $325,~00 $310,(300
75 Phase I 241SA. GL $360,000 $0 $15,500 $0 $275,500 $260,000
79 Phime ! 3002B43L ~2~0,000 $20,000 $15,500 ~) $32.5,500 $310,000
50 Ph~ I 3247A-GL $290,000 $0 $15,500 $0 .~-.5,000 $290,000
51 Phase I ?.415B..GL $260,000 $20,000 $25,000 $15,500 $310,000 $300,500
$2, Ph~ i 2418A-.GL $260,000 $0 $25,500 $25,500 $285,500 $255,5(~0
83 Phase I 3002B-($L $2g0,000 $20,000 $10.500 $10,000 ~20,500 S320,500
84 Phlse I lg02B-GL $190,000 $5,000 $t0,500 $0 $205,500 $195,(300
85 Pha~e 2418A-i$L $2~0,000 $0 $10,500 $0 $275,500 $250,(300
I~ Phaae $247B-GL $290,000 $35,000 $t5,500 $0 $350,500 $325,000
87 Phase 3002A43L $2~0,000 $0 $20,500 $'10,500 $310,5(30 $300,000
88 Phase 2418B-GR $260,000 $25,000 $20,500 $10,500 $305,$00 $295,500
89 Phase 3247A-GR $290,000 ~0 $15,500 $0 $325,,~30 $2g0,000
g0 Pha.~ 3002A-GR $290,000 $25,000 $15,500 $0 $330,500 $3'15,000
9t Phase '1902A.GR $1g0,000 $0 $15,500 $0 $205,500 $t90,000
S2Pha#l 3O02B-GR $290,000 $20,000 $15,500 $0 $32~,500 $310,000
S3Phasel 2418A..GR ~.80,000 ~0 $15,500 $0 $275,500 $2~0,000
94 Phase I 2737B-GR $285,000 $25,000 $t5,500 $0 $325,500 $310,000
95Pha~el 3002B.-GR $290,000 $0 $25,500 $20,000 $315,500 $210,50(3
~6 Phaae I 2415B-GR $260,000 $25,000 $25,500 $20,500 $310,500
97 Phe~$ I '1G02A..GR $190,000 $5 $40,500 $30,500 $230,500 $220,500
SSPha~el 2418A..GL $260,000 ~35,000 $35,500 $'15,500 $330,500 $310,$00
99 Phase I 2737A.-GR $285,000 $0 $15,500 $'10,500 $300,500 $295,500
100 Ph~ae I 241CB-GL $250,000 $25,000 $15,~00 $10,500 $300,500 $295,500
101 Phase I 3002A-GL $2g0,000 $0 $40,500 $35,500 $330,500 $325,500
8 'd 898L'ON ~P!JOl~ q;nos 'oul uo~JoH '~'O ~dGO:~ ~OOE 'S
BEXLEY PARK PRICING TH
LOT DESC. PLAN BASE LOT PRE'Id Adj. Prem, TOTAL New T~tal
1 Phase D $185,000 $20,500 $20,500 $206,500 $205,500-
2 Phase B $168,000 $0 $0 $186,500 $188,000
3 Phase C $150,000 $0 $0 $180,050 $180,000
4 Phase C $180,000 $0 $0 $180,000 $180,000
5 Phase B $168,000 $0 $0 $186,500 $168,000
6 Phase O $186,050 $20,500 $20,5O0 $205,500 $205,500
7 Phase D $186,000 $40,500 $25,500 $225,500 $210,500
8 Phase B $168,000 $25,500 $10,500 $193,500 $178,500
g Phase C $180,500 $25,500 $10,500 $205,500 $1g0,500
10 Phase C $150,500 $25,500 $10,500 $205,500 $190,500
11 Phase B $168,000 $25,500 $10,500 $193,500 $178,500
12 Phase D $185,000 $35,500 $25,500 $220,500 $210,500
13 Phase D $185,000 $20,500 $20,500 $205,500 $205,500
14 Phase A $155,000 $10,500 $10,500 $165,500 $166,500
15 Phase C $150,000 $10,500 $10,500 $190,500 $190,500
18 Phase B $IM,500 $0 $0 $168,000 $168,000
17 Phase D $185,000 $10,500 $10,500 $195,500 $195,500
18 Phase D $t85,500 $15,500 $15,500 $200,500
19 Phsee C $180,000 $0 $0 $180,500 $180,000
20 Phase C $180,000 $0 $0 $180,000 $180,000
21 Phase C $180,000 $0 $0 S180,000 $180,500
22 Phsee D $165,000 $10,500 $10,500 $199,500 $186,500
23 Phase D $185,000 $10,500 $10,500 $199,500 $198,500
24 Phase A $155,000 ~0 $0 $150,050
25 Phase I C $t80,000 ~0 $0 $180,000 $180,000
26 Pha~e B $168,000 S0 $0 $168,500 $168,000
27 Ph,,-e D $185,000 $15,500 $15,500 $200,500 $200,500
28 Phase D $185,00o $15,500 $15,500 $200,500 $200,500
29 Phase C $180,000 S0 $0 $180,000 $180,000
30 Phase C $180,000 $0 $0 $180,000 $180,000
31 Phase C $180,000 $0 $0 $150.000 $180,000
32 Phase D $186,005 $10,500 $10,500 $195,500 $195,500
33 Phase D $185,000 $10,500 $10,500 $t95,600 $195,500
34 Phase C S180,0l~0 $10,600 $0 $190,500 $180,000
35 Phase C $150,000 $20,600 $20,500 $250,500 $200,500
86 Phase C $180,000 $20,600 $20,500 $250,600 $200,500
37 Phase D $199,000 $40,600 $30,500 $225,500 $215,500
38 Phase D $185,000 . ~.¢15,600 $35,500 $230,500 $220,500
3g Pl'~ase C $180,000 $25,500 $20,500 $205,500 $205,500
40 Phase C $180,000 $25,500 $20,500 $205,500 $205,500
41 Phase D $186,500 $35,500 $30,500 $220,500 $215,500
42 Phase D $186,000 $35A00 $30,500 $220,500 $215,500
43 Phase A $186,000 $2eAO0 $20,500 $180,500 $175,500
44 Phsee C $150,000 ~25,~,00 $20,500 $20~,500 $200.500
45 Phase C $180,000 $2J~,500 $20,500 $20~,500 $200,500
48 Phase B $150,000 $25,500 $20,500 $193,500 $188,500
47 Phe~e D $199,500 $..~,~00 $30,500 $220,500 $215,500
48 Phase D $185,500 $3~,500 $20,500 $220,~00 $215,500
49 Phll~l A $155,000 $25,500 $20,500 $180,500 $175,500
50 Phase, C $150,050 $25,500 $20,500 $205,500 $200,500
51 Phase C $150,000 $25,500 $20,500 $205,500 $200,500
52 Phase B $186,000 $2~,500 $20,500 $19~,500 $188,500
53 Phase t D $185,000 $25,500 $30,500 ~220,500 $215,500
54 Phase I D $188,000 $35,500 $30,600 ~20,500 $215,500
55 Phase I A $155,000 $25,500 $20,500 $150,500 $175,500
56 Phase I C $150,000 $25,500 $20,500 $205,500 $200,500
'd E98['0N ep!J01J q~n0s .0u[ ~0~JOH '~'Q ~d§0:~ ~00E '8 '~nv
§ 'd ~98t'°N ep!Jolj q~nos ,ou[ uo~JoH '~'Q ~d90:~ YOOE '8 '~nv
BEXLEY PARK PRICING MH
LOT # LOT DESC. BASE LOT PREM Adj Pres TOTAL New Total
1/21 Phase l $130,000 $20,500 $15,500 $150,500 $145,500
2/21 Phase l $148,000 $20,500 $15,500 $168,500 $163,500
3/21 Phase l $150,000 $5,500 $0 $155,500 $150,000
1/22 Phase l $130,000 $0 $0 $130,000 $130,000
2/22 Phase l $148,000 $5,500 $0 $153,500 $148,000
3/22 Phase l $150,000 $5,500 $0 $155,500 $150,000
1/23 Phase l $130,000 $0 $0 $130,000 $130,000
2/23 Phase l $148,000 $5,500 $0 $153,500 $148,000
3/23 Phase l $150,000 $10,500 $5,500 $150,500 $155,500
1/24 Phase l 3130,000 $0 $0 $130,000 $130,000
2/24 Phase l $148,000 $10,500 $5,500 $158,500 $153,500
3/24 Phase l $150,000 $5,500 $0 $155,500 $150,000
1/28 Phase l $130,000 $0 $0 $130,000 $130,000
2/25 Phase l $148,000 $5,500 $0 $153,500 $148,000
3/25 Phase l $150,000 $5,500 $0 $155,500 $150,000
1/26 Phasel $130 000 $0 $0 $130,000 $130,000
2/28 Phase I $148 000 $5,500 $0 $153,500 $148,000
3/26 Phase I $150 000 $5,500 $0 $155,500 $150,000
1/27 Phase I $130 000 $0 $0 $130,000 $130,000
2/27 Phase I $148 000 $5,500 $0 $153,500 $148,000
3/27 Phase I $150 000 $5,500 $0 $155,500 $150,000
1/28 Phasel $130 000 $0 $0 $130,000 $130,000
2/28 Phase I $148 000 $5,500 $0 $153,500 $148,000
3/28 Phase I $150 000 $5,500 $0 $155,500 $150,000
1/29 Phase I $t30 000 $20,500 $15.500 $150,500 $t45,500
2/29 Phase I $148 000 $0 $0 $148,000 $148,000
3/29 Phase I $150 000 $20,500 $15,500 $170,500 $165,500
9 'd ~98['ON ep!JolJ q~no$ .ouI uo~JoH .~.a ~d90:t tO0~ '$ '~nv
August 17, 2004
Mr. Paul Romanowski, Division President
D.R. Horton Homes
1192 East Newport Center Drive, Ste. 150
Deerfield Beach, FL 33442
Subject: Bexle¥ Park
Dear Mr. Romanowski,
I have received your letter and want to confirm that the offer is as follows:
1. The lot premiums shall be those set forth and attached to your August 3, 2004
correspondence.
2. The price of the largest home has been modified per the attachment to your
August 3, 2004 letter.
3. Wood cabinets will be installed in all kitchens, in all product types, as a
standard feature.
4. Refrigerators will be included as a standard feature in all product types.
5. There will be no penalty or requirement for a deposit if a purchaser decides to
use another mortgage company other than provided by D.R. Horton, Inc.
6. D.R. Horton, Inc. will offer 25 single family homes, 10 townhomes and 10
manor homes in a lot selection event for the participants of the initial City
employee and general public lottery who did not purchase a home. D.R.
Horton, Inc. will send out a letter notifying those prior participants, giving them
two weeks to submit a refundable $5,000 deposit to secure a position in the
same order of the prior lot selection event.
If this letter comports with the offer you are giving the City, please let me know.
Thanks.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CITY OF DELRAY BEACH, FLORIDA
By: By:
Susan A. Ruby, Esq. Paul Romanowski
City Attorney Division President
D.R. Horton, Inc.
n.n. uo.mo N'.
Ausust 17, 2004
sus~ Ruby
City of Delray Beach
200 N.W. I~ Ave.
Deh'ay Beach, Florida 33444
De. er Ms, Ruby;
It is my understanding that the Mayor and City Council ar~ in sgre~munt with the terms of the attanhed
letter dated August 3, 2004, but r~quesl~d that the original pertioipants in the B~xley Park sales lottery are
given another opportunity to pur~has~ at Bexley Park prior to the next lottery.
As a final offer to settle thi~ issue, D.R. Herren, lno, would like ~o honor that request by offering 25 single
family homes, 10 towahomes and 10 manor homes in a lot seleoti~m event for the participants of the
initial City Employee and General Publio Lotter~ who did not purchase a home, D.R. Hor~on, Inc, will
send out a lelter nolifying those prior participants of the lot selection event and ~hey will b~ giv~ two
w,c~is to submit a $5,000 reflmdable deposit to secure their position in the event. The particlpan~s will be
given an opportunity to make a lot selcclion in the same order of the prior lot selection events,
Please call me once you have had a chance lo review this information with the Mayor and City Council ss
we are p~'pared to start implemunting these changes immediately aider we r~ceive the City's approval.
Division President
D.R. Horton, Iuc.
192 East Newport Center Ddve · Suite 150 ° Deerfleld (954) 428-48~4 · FaX: (954)
D.KH01II0_N'
August 3, 2004
Susan R~by
200 N.W. 1'* Ave.
Delray Beech, Florida ~444
Dent M~. Ruby:
Attach~l is the Iht of initial lot ~i~s ~d ~o~s~ c~s ~t D.R. Ho~on, ~, is willin~ W m~
~ ~ a~ to s~l~ ~e mis~d~ndin~ ov~ ~e 1~ ~ our ~s~se ~ ~e ~, C~ ~d
W~ ~, ~ addison to ~ ch~8e ~ 1~ premiss, we have modified ~e p~ of&e I~ge~
home ~d will ~ add~g m~m~m to ~e list of~d f~s.
lf~is {~ .~ble ~ ~e CiW ofDe~ay B~h, ple~ 1~ me ~ow ~d &o mo~ficafions will ~ m~e
to ~ cxis~ con~ ~ refle~ ~ese c~s ~d ~e ~d~ of~o homc~ at B~ P~k will bc
offe~ ~u~ a scales of Io~ sales ~en~ wi~ ~e ne~ lo~ p~ed for e~ O~ob~,
Ple~e ~11 me ~ you havo ~d a e~ce to ~i~ ~is in~afl~ ~ ~e ~yor ~d Ci~ Co,oil ~
we ~e ~d W s~ ~pl~Qng &e~ ch~gos ~ed~ly ~er ~ ~ive ~e Ci~'s apwov~.
Paul $. l~manowsld
Division President
D.R. Horton, Inc.
1192 East Newport Center Drivo * Sulle 150 · Deerfleld Beach, l~lofida 515442
(954) 4:18,-4854 · l~s~: (954) 428-7591
~ 'd S$8a'°N ep!~ol-~ ~H. nos 'ouI uo~.JOH '~I'Q i~dGa:l i, OOa 'Lt'tnV
BEXLEY PARK PRI(;ING SF
1' Phue I 24155-GL $260,000 $2~,000 $30,500 $$0,500 $345,600 $335,500
2 Phase I 3002A-GL $200.000 $3 $20,~00 $10.500 $310,500 $300,500
3 Phase I 27375..GL $285.000 $25,000 $20,500 $10,500 $330,500 $320.500
4 Phase I 2418A-GL $260,000 $3 $207=00 $10.500 $250,500 $270,500
5 Phase I $2475-GL $200,000 $35,000 $35,500 $25,500 $270,500 S350,$00
e Phase I 1902A-GL $180,000 ~0 $25,500 $2.5,500 $215,500 $215,500
7 Ph~e I 3002B-GL $290,000 $20,000 $20,500 $10,500 $330,.500 $320,500
8 Phase I 3247A-GL $290,000 S0 $20,500 $10,500 $330,S00
g Ph~e I 27375-GL $285,000 $25,000 $3~,500 $25,500 $345,500 $335,500
10 Phase l 3002A-GR $290,000 ~0 $35,500 $25,500 $325,500 $315,500
11 Phasel 19025~R $t90,000 $3,000 $20.500 $10,600 $215,500 $20&,500
12 Phasel 2737A-GR $2~5,000 $2 $20,500 $I0,500 $305,Sn0 $205,500
13 Phasel 24185..GR $260,000 $25,000 $20,500 $10,600 $305,500 $295,500
14 Phase I 3247A-($R $290,000 S0 $20,500 $10,500 $330,500 $300,500
15 Phaas I S002B-GR $200,000 $20,000 $20,500 $t0,500 $330,500 $320,500
76 Phasel 1902A~$R $190,000 $0 $1-~,500 $0 $305,500 $190,000
77 Phase I 27375-GL $285,000 $25,000 $t6,500 $3 $325,500 $310,000
78 Phase I 2418A.43L $200,000 $0 $15,500 ~0 $275,500
79 Phaas I 3002B..GL $290,000 $20,000 $t$,500 $0 $325,500 $310,000
80 Phase I 3247A-GL $200,000 $0 $15,500 $0 $325,S00
81 Phase I 24185-GL $260,000 $25,000 $35,000 $15,,~0 $310,000 $300,600
82 Phase I 241SA.GL $260,000 $0 $25,500 $2.5,500 $285,500 $285,500
83 Phm I 3002B.-GL $290,000 $20,000 $t0,500 $10,500 $320,500
84 Phase I 19025-QL $190,000 $3,000 $10,500 $0 $205,500 $195,000
8$Phseel 241SA-GL $260,000 $3 $15,500 $3 $275,500 $250,000
86 Phase l 32475-GL $290,000 $35,000 $15,500 $0 $350,500 $325,000
87Phuel 3002A-GL $290,000 $3 $20,500 $10,500 $310,500 $300,500
88 Phase I 24t85-GR $260,000 $25,000 $20,500 $10,500 $305,~00 $395,500
89 Phase I $247A-GR $290,000 $0 $15,500 $0 $32§,500
90 Phase I 3002A-GR $290,000 $25,000 $15,500 $0 $230,500 $315,000
91 Phaas I 1902A-GR $11)0,000 $3 $15,500 $0 $205,500 $190,000
92 Phase I 3002B.GR $290,000 $20,000 $15,500 $0 $32.5,500 $310,000
~ Phase I 2418A..GR $260,000 $0 $16,600 $3 $275,500
94 Phase l 27375-GR ~85,000 $25,000 $15,500 $3 $525,500 $310,000
95Phaasl 3002B-GR $290,000 $3 $25,500 $20,500 $315,500 $310,500
96Phasel 24195-QR $280,000 $25,000 $25,500 $20,500 $310,500 $205,500
9?Pha~el 1902A-GR $1~,000 $3 $40,500 $35,s00 $330,500 $225,500
98 Phase I 2418A.-GL $2.80,000 $35,000 $35,500 $15,500 $330.500 $310,900
99 Pha~a I 2737A-GR $285,000 $2 $15,500 $10,500 $300,500 $296,600
100 Phase I 24195-QL $280,000 $35,000 $15,500 $10,500 $300,500 $295,500
101 Phase I 3002A-GL $290,000 $3 $40,500 $35,600 $330,500 $325,500
'd $88g'ON e@!~°lJ qsn°s '°Ul u°~J°H '~'Q ~d§~:l ¢00~ 'LI'~nv
BEXLEY PARK PRICING TH
LOT OEEC. PLAN BASE LOT PREM Adj. Prem. TOTAL New Total
I Phas~, I D $185.000 $20,~00 $20,5.00 $208,600 $205,500
2 Phase I B $168.000 $0 $0 $168,000 $168,000
3 Phase I C $180,000 Sc) ~0 $180,000 $180,000
4 Phase I C $180,000 80 $0 $180,000 $180,000
B Phsee I B $168,000 $0 $0 $188,000 $168,000
6 Phase I D $185,000 $20,800 $20,500 $205,500 $205,500
7 Pl~se I D $185.000 $40,500 $26,500 $225,500 $210,500
8 Phsee I B $168,000 $28,500 $10,500 $193,500 $178,500
9 Phase I C $180,000 $28,500 $10,500 $208,500 $1g0,500
10 Phsee ! C $180,000 ~28,500 $10,800 $208A00 $190,500
11 Phase I B $168,000 $25,800 $10,800 $193,5~0 $178,500
12 Phase I D $185,000 835,500 $28.500 $220,500 $210,800
13 Phase I D $t85,000 $20,500 $20,800 $20~,500 $205,800
14 Phase i A $155,000 $10,500 $10,500 $168,800 $185.500
18 Phase I C $180,000 $10,500 $10,800 $190,500 $190,500
16 Phase I B $188,000 S0 $0 $168,000 $188,000
17 Phase I D $185,000 $10,$00 $10,500 $195.500 $195,500
t8 Phase I D $t85,000 $18,500 $15,500 $200,500 $200,500
19 I:)flase I C $180,000 $0 $0 $180,000 $180,000
20 Phase I C $180,000 ~) $0 $160,000 $180,000
21 Phase I C $180.000 $0 SC) $180,000 $180,000
22 Phase I D $185,000 $10,500 $10,500 $195,500 $';95,500
23 Phase I D $185,000 $10,500 $10,500 $195,500 $195,500
24 Phase I A $155,000 $0
25 Pi'rose I C $180,000 SC) $0 $t80,000
26 Phase I B $168,000 SC) $0 $188,000 $168,000
27 Phase I D $185,000 $15,500 $15,500 $200,600 $200,500
28 Phase I D $185,000 $15,500 $15,500 $200,500 $200,500
2B Pl-,~se I C $180.000 $0 $0 $180,000 $t80,000
30 PI'rase I C $180,000 $0 $0 $180,000 $180,000
$1 Phase I C $180,000 $0 $0 $180,000 $180,000
32 Phase I D $185,000 $10,500 $10,500 $195,500 $195,500
33 Phase I D $185,000 $10,'"00 $10r800 $105,500 $195,600
~4 Phone I C $180,000 $10,500 $0 $190,lS00 $180,000
35 Phase I C $180,000 $20,500 $20,500 $200,500 $200,500
~8 Phase I C $180,000 $20,500 $20,500 $200,B00 .$200,500
37 Phase I D $185,000 ~,0,~00 $$0,500 $225,500 $218,500
38 Phase I D $185,000 : S45,500 ~.5,500 $2...~C),500 $220,500
39 Phase I C $180,000 $28,500 $20,500 S205,5(X) $200,500
40 phase I C $180,000 $25.500 $20,500 $205,500 $200,500
41 Phase I D $185,000 $~5,500 $30,800 $220,B00 $215,500
42 Phase I D $t85,000 $35,500 $30,500 $220,500 $215,500
43 Phase I A $155,000 $25,500 $20,800 $180,500 $178,500
44 Phar, e I C $180,000 $25,500 $20,600 $205,500 $200,500
46 Phase I C $180,000 $28,800 $20,800 $205,500 $200,$00
46 Phase I B $t68,000 $25,600 r$20,500 $193,600 $188,800
47 Phase I D $185,(~0 $38,500 $30,500 $220.500 $215,800
48 Phase D $t85,000 $35,500 $30,500 $220,500 $215,500
49 Phase ^ $155,000 $28,5(X) $201500 $180,600 $175,500
50 Phase C $t80,000 $25,500 $20,500 $205,500 $20O,500
81 Phase C $180,000 $25,500 $20,500 $205,500 $200,500
52 Phase B $168,000 $25,500 $20,500 $103,500 $188,500
53 Phase D $185,000 $38,500 $30,500 $220,500 $215,500
54 Phase D $185,000 $35,500 $30,500 $220,800 $215,500
55 Phase I A $155,000 $25,500 $20,500 $180,500 $175,500
56 Phase I C $180,000 $25,500 $20,500 $205,500 $200,500
*d 8882'°N ep!Jolj q~nos .ou[ uo~JoH '~'~ ~d§E:[ ~00~ *LL'~n¥
9 'd ~£8~'°N ep!JOl~ q~nos 'ou[ uo~]oH '~'Q ~d9~:[ ?00~ 'Lt'~nv
BEXLEY PARK PRICING MH
LOT # LOT DESC BASE LOT PREM Adj Prom TOTAL New Total
1/21 Phase I $130,000 $20,500 $15,500 $150,500 $145 500
2/21 Phasel $148,000 $20,500 $18,500 $158,500 $163 500
3/21 Phasel $150,000 $5,500 $0 $158,500 $150000
1/22 Phasel $t30,000 $0 $0 $130,000 $130 000
2/22 Phasel $148,000 $5,500 $0 $153,500 $148 000
3/22 Phase I $150,000 $5,500 $0 $155,500 $150 000
1/23 Phasel $130,000 $0 $0 $130,000 $130 000
2/23 Phasel $148,000 $5,500 $0 $153,500 $t48 000
3/23 Phasel $150,000 $10,500 $5,500 $160,500 $155 500
1/24 Phese l $130,000 $0 $0 $t30,000 $130,000
2/24 Phase l $148,000 $10,600 $5,500 $158,500 $153,500
3/24 Phase l $150,000 $5,500 $0 $155,500 $150,000
1/25 Phase l $130,000 $0 $0 $130,000 $130,000
2/25 Phase l $148,000 $5,500 $0 $153,500 $148,000
3/25 Phase l $150,000 $5,500 $0 $155,500 $150,000
1/28 Phase l $130,000 $0 $0 $130,000 $130,000
2/26 Phase l $148,000 $5,500 $0 $183,500 $148,000
3/20 Phase l $150,000 $5,500 $0 $155,500 $150,000
1/27 Phase I $t30,000 $0 $0 $130,000
2/27 Phase l $148,000 $5,500 $0 $t53,500 $148,000
3/27 Phase l $150,000 $5,500 $0 $155,800 $150,000
1/28 Phase l $130,000 $0 $0 $130,000 $130,000
2/28 Phase l $t48,000 $8,500 $0 $153,800 $148,000
3/28 Phase l $150,000 $5,500 $0 $155,500 $150,000
1/28 Phaae l $130,000 $20,500 $15,500 $150,500 $145,500
2/29 Phaae l $148,000 $0 $0 $148,000 $t48,000
3/29 Phase l $150,000 $20,800 $15,500 $170,500 $185,500
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~')'1/]
SUBJECT: AGENDA ITEM # %O ~k - REGULAR MEETING OF AUGUST 17. 2004
ORDINANCE NO. 44-04
DATE: AUGUST 13, 2004
This is second reading and second public hearing for Ordinance No. 44-04 mending Ordinance No.
14-04, by enacting a new Subsection 4.6.7(E)(3)(e), "Ground Signs", to allow businesses within the
Central Business District (CBD) with no frontage on a public street to place Ground Signs in certain
locations.
At the first reading on August 3, 2004, the Commission passed Ordinance No. 44-04.
Recommend approval of Ordinance No. 44-04 on second and final reading.
S:\City Clerk\agenda memo~.Ord 44.04.Ground Signs.08.17.04
rlTY OF I:lELRrl'd' BErlCH
CITY ATTORNEY'S OFFICE 2°0 Nw ,st AV.NUE-.,LR^Y .EAt.. PLOR.D^ 3344~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELP. AY BEACH Writer*s Direct Line: 561/243-7090
MEMORANDUM
TO: David T. Harden, City Manager
Lula Butler, Director of Community Improvement
Janet Meeks, Education Coordinator
FROM: Terrill Pyburn, Assistant City Attorney
SUBJECT: Ground Signs
Attached please find a revised ordinance on ground signs incorporating some of
the changes suggested at the last Commission meeting. Some of these changes
include, height and face of the sign have been reduced and provisions have been
added to allow more than one sign per pole.
Please contact me if you have any questions. Thank you.
ORDINANCE NO. 44-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELKAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04, BY
ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "GROUND SIGNS",
TO ALl.OW THE PLACEMENT OF CERTAIN GROUND SIGNS IN
CERTAIN LOCATIONS; BY AMENDING APPENDIX "A" OF THE
LAND DEVF. LOPMENT 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.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the
public's best interest to establish reasonable regulations regarding ground signs in order to prevent safety
hazards and protect property values.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DRI.RAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Paragraph 4.6.7(E)(3) of Ordinance 14-04 is hereby amended to read as follows:
(3) Special Purpose Signs and Signing: Permits for the following signs may be issued
administratively provided that the provisions contained herein axe complied with.
(a) Directional Signs for Churches, Civic, or Recreational Facilities: General
directional signs for civic, church, or recreational facilities up to a maximum of four (4) shall be allowed
in the City street rights-of-way subject to the approval of the City Engineer and/or his/her designee.
The number of directional signs permitted for each qualifying applicant shall depend upon the location
and need of the traveling public. The dimensions of the directional signs shall be no greater than eight
(8) inches by thirty 00) inches per sign. The signs must be designed and installed in accordance with
these LDRs. A permit to work in the right-of- way must be obtained by the City Engineer or his/her
designee.
(b) Gasoline Pricing Signs: Signs may advertise the price of gasoline subject to
the following restrictions:
1. Not more than twelve square feet (12 sq.ft.) per sign face.
2. If free standing, it shall not exceed five feet (5) in sign height.
3. If a part of a permanent free standing sign, the price sign shall be
included in the area of the permanent sign.
4. One sign is permitted per frontage with a maximum of two signs
per site.
5. Signs placed on pumps shall not exceed three square feet 0
sq.ft.) per sign face nor a total of six square feet (6 sq.ft.) per
sign.
(c) Grand Opening Banner: One banner may be placed on the building of a
newly opened business pursuant to the following:
1. Display is limited to four (4) weeks.
2. The banner shall not exceed an area of fifty square feet (50
sq. ft.),
3. The banner may not be more than fifteen feet (15)' above the
grade, and must be placed on the building of the business, in the
front of the business.
4. Banners shall be made of color fast material.
(d) Grand Opeping Portable Signs: Portable signs shall only be allowed within
the Central Business District (CBD). In addition to a Grand Opening Banner, one Portable Sign may
be placed directly in front of the building of a newly opened business pursuant to the following:
1. Display is limited to four (4) weeks.
2. The portable sign frame structure shall not exceed 2' x 4' in area
with the sign face area not to exceed 2' x 3'.
3. A permit sticker must be obtained and dearly displayed on the
Portable Sign frame.
4. A portable sign placed on the sidewalk must be located in such a
manner that it does not impede the five foot (57 pathway parallel
to the street for through pedestrian traffic.
5. If placed on that portion of the sidewalk that is located within a
public right-of-way, a hold harmless agreement in a form
acceptable to the City Attorney shall be provided.
(e) Ground S'_lffn8: Within the Central Business District (CBD). businesses that do
not have frontage on a public street, such as bminesses located within a courtyard, may place one (1)
2 ORE) NO. 44-04
ground si~tm on private property., or if none available, then on the public right-of-way between the
property line and the curb pursuant to the following:
1. Ground si~mls ~hall not exceed four (4~] square feet in area. and
the lower ec~e shall be a minimum of five (5) feet high above the
sidewalk.
2. Wherever possible, more than one (1) s'~mn should be affixed to a
pole.
3. The desi_~ shall be the same for all ~ound s'~kLms and shall be a
des'~mn that is pre-approved by the City..
4. The location of such s'_mns shall be sub!ect to the approval of the
City to insure that the s'_mn does not interfere with pedestrian traffic or
parking.
(~)~ Historic Signing: Signs which are building mounted or free-standing which
provide information of historic value. Said signing shall not exceed six feet (6') above grade when free-
standing and shall not exceed three square feet (3 sq.ft.) in area in any circumstance. Such signing shall
not be permitted until approval has been gained from the Historic Preservation Board.
1. Maintenance of Nonconforming Nostalgic Signs:
(i) Signs that have an historic or nostalgic appeal, and constitute
artistic expression, and not solely advertising may be exempted
from the removal requirements if a recommendation by the
Historic Preservation Board is approved by the City
Commission.
(ii) An owner of property on which an existing nonconforming sign
is located may request the Historic Preservation Board to
recommend to the City Commission that the existing
nonconforming sign be designated as a "nostalgic sign."
(iii) In considering whether to recommend that the existing
nonconforming sign be designated as nostalgic, the Historic
Preservation Board shall consider the sign's value as a part of the
historical, cultura~ aesthetic, and architectural heritage of the
city, state, or nation. The Historic Preservation Board shall
review the criteria contained in Section 4.5.1, of the Land
Development regulations prior to making its recommendation.
3 ORD NO. 44-04
(iv) Any existing nonconforming sign designated as a nostalgic sign
must be maintained in good condition. If at any time the sign
becomes unsightly, or becomes a danger to the public health,
safety, or welfare, the City Commission, following notification to
the owner, may remove the nostalgic designation and set a date
by which time the sign must be removed.
('0/g,~ Menu Board Signs: Signs used by businesses to advertise prices of items in
conjunction with service at a drive-thru window, such as fast-food restaurants, may be permitted as
long as the size of the menu board does not exceed seven feet (7') in height, nor twenty four square feet
(24 sq.ft.) in size.
(/~a~ Murals and Signs Within Murals: A large painting or drawing affixed to the
wall of a building located in commercially zoned districts shall be subject to approval by the Site Plan
Review and Appearance Board or the Historic Presezvafion Board. The mural shall not directly
represent or constitute advertisement of the goods, products, or services provided on site. If any
portion of the mural includes identification of the establishment or the goods, products, or services
provided on site, only that portion of the mural which specifies such information shall have its area
included in the calculation of the sign area.
q~)~ Non-Residential Real Estate Signs:
1. A pen'nit may be granted to allow for the placement of one non-
illuminated freestanding real estate sign advertising "For Sale", "For
Rent", or "For Lease" and may identify the seller or agent along each
street frontage, including those located within a historic district.
2. Non-residential Real Estate Signs shall not exceed thirty-two square feet
02 sq.ft.), and shall be limited to seven feet (7') in height.
3. Within a non-residential property located in a Historic District, real
estate signs shall not exceed sixteen square feet (16 sq.ft.), and shall be
limited to seven feet (7') in height.
(3).(~ Parking Area Signs: Parking area signs, as specified herein, provided the sign
contains no more than the name of the building or development and the words, "Entrance", "Exit",
"Parking for...', or "Entrance for...' or thei~ equivalent, may be erected at each point of ingress and
egress to a parking lot or parking area, and the signs shall not exceed four square feet (4 sq.ft.) in area
nor extend to a greater height than five feet (5') above the ground, and shall be erected within the
parking area. Only one sign shall be allowed at each point of ingress and egress, provided the signs do
not create a traffic or pedestrian hazard.
4 ORD NO. 44-04
-0)-~ Special Event Non-Roadway Banner Signing: Special signing, in accordance
with this Subsection, may be allowed by the Chief Building Official or his/her designee, for special
events if it is determined that the sign type meets the following criteria:
1. the sign provides notice to the public of a public meeting or other public
event,
2. the sign is temporary and for a limited time, and
3. the sign, if allowed for a limited time, will meet the following criteria:
(i) the sign will not conceal or obstruct adjacent land uses or signs,
(ii) the sign will not conflict with the principal permitted use of the
site or adjoining sites,
(in) the sign will not interfere with, obstruct vision of or distract
motorists, bicyclists or pedestrians, and
(iv) the sign will be installed and maintained in a safe manner. The
approval, or disapproval, of such sign shall not be based on the
content of the message contained (i.e., the viewpoint expressed)
on such sign. The Chief Building Official or his/her designee
shall render a decision within ten (10) days after an application is
made for utilizing this sign type for a special event. Such a
decision shall be deemed an administrative interpretation and
any person adversely affected has the right to appeal the decision
to the City Manager.
4. Each sign limited to less than twenty square feet (20 sq. ft.) in area;
5. Allowed ten (10) days prior to the event and must be removed by the
second day after the event.
{k-)O_~ Special Event Roadway Banner Sig~ing:
1. Roadway Banner Signs: may be approved and issued by the Sign
Administrator under the direction of the Director of Community
Improvement, for special events for City or City co-sponsored events.
Such signing shall be subject to the following standards:
(i) The Roadway Banner Sign must be no more than three feet (3')
in height by twenty-four feet (24') in length, and placed at least
5 ORD NO. 44-04
fifteen feet (15') above the surface of the roadway on City
installed poles. The Roadway Banner sign must be constructed
with a standard vinyl awning material and meet wind load
requirements.
(ii) The text of a roadway banner shall be limited to the name of the
special event, the date or dates of the event and the name or
logo of the City and the name or logo of the association or
organization co-sponsoring the event.
(fii) Display of the Roadway Banner Sign will be limited to a
maximum of ten (10) days prior to the event and must be
removed by no later than two (2) days after the event.
(iv) Roadway Banner Signs will only be allowed to be displayed at
the following intersections within the City limits and on City
installed poles
· NE 1st Avenue and East Atlantic Avenue; and
· Pineapple Grove Way and East Atlantic Avenue within the arch
{t-)(m) Subdivision Entrance Signs: Residendal subdivision entrance signs shall be
subject to the following standards:
1. Such signs may be either one double faced sign or two signs where there
are two wails at the entrance and where the signs are permanently
affixed to the walls at each entrance of the subdivision;
2. Each sign area shall be no greater than thirty-six square feet (36 sq. ft.) in
3. Such subdivision entrance signs are permitted within all residential
zoning districts;
4. Such subdivision entrance signs may be erected within rights-of-way or
median snips adjacent to the subdivision if approved by the City. A
subdivision sign may also be located within the setbacks of private
property within the subdivision or adjacent to the subdivision or
adjacent to the subdivision within the guidelines set forth in 4.6.7(F)(3),
if such sign was in existence as of July 1, 1988.
6 ORD NO. 44-04
5. Any such sign erected within a right-of-way or setback shall be at least
ten feet (10') from a paved roadway and signs located within a median
shall be at least five feet (5') from any paved roadway;
6. Any such signs approved for location within the right-of-way or median,
if such right-of-way or median is not within the jurisdiction of the City,
shall obtain written permission from the governmental entity controlling
the right-of-way or median to erect the sign in a requested and approved
location;
7. Any signs proposed to be located on adjacent private property shall be
approved and permitted by the owners of the adjacent property. Any
such signs lying on private property shall be considered an additional
permitted sign without regard to other applicable sections of this code;
and
8. All signs proposed to be located within a fight-of-way or median shall be
reviewed and approved by the City Engineer or appointed designee for
compliance with this section.
(..-.)/n~ Temporary Business Identification Sign: A temporary Business
Identification Sign shall be allowed to be placed on the building facade once a sign application has been
submitted and shall be removed within sixty (60) days from date of sign permit application.
{e0~ Temporary Construction/Development Signs: New construction,
renovation work or temporary development signs shall be subject to the following standards:
1. Freestanding Sign: One sign per street frontage, non-illuminated, with a
sign area of not more than thirty-two square feet (32 sq.ft.), nor more
than seven feet (7') in height.
2. Sign Located on a Building: One sign per building frontage, non-
illuminated with a sign area of not more than thirty-two square feet (32
sq. ft.).
3. The sign may be installed at the time of submission of a building permit
application. It must be removed upon expiration of building pen-nit or
building permit application or when the project obtains a Certificate of
Occupancy.
O~)~p_~ Valet Parking Signs: Signs for Valet Parking shall be allowed subject to the
following restrictions:
7 ORD NO. 44-04
1. One pole mounted sign per approved Valet Queue, which may identify
Valet Parking, the name of the business(es), rates, and the hours of
operation.
2. Valet Parking signs shall be manufactured and installed by the City. The
sign area shall not exceed six square feet in area. Such sign shall be pole
mounted and inserted in a ground sleeve. The location of such sign
shall be determined by the City. The sign must be removed and stored
inside the business daily during business hours when the approved valet
queue is not in use.
3. Traffic control cones may be used for queuing purposes, however they
shall not contain any additional signage or markings.
Section 2. That Appendix "A" of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach is hereby amended as follows:
Ground Sign. A si~tm affixed to the ~ound and supported by poles, uprights, or braces
extenctinc~ from the ~ound or a permanently mounted object on the ~ound but not attached to any
part of a building.
Section 3. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause 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 hereof other than the part
declared invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 5. The provision of this ordinance shall become and be made a part of the Land
Development Regulations of Delray Beach, Florida. The Sections of the ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other
appropriate word.
Section 6. That this ordinance shall become effective 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.
8 ORD NO. 44-04
MAYOR
ATI'ISST:
Acting City Clerk
First Reading
Second Reading
9 ORD NO. 44-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~C~ ~ - REGULAR MEETING OF AUGUST 17. 2004
ORDINANCE NO. 43-04 (AMENDING LDR SECTION 4.4.9(B)(5)
DATE: AUGUST 13, 2004
This ordinance is before City Commission for second reading and second public hearing to amend
Land Development Regulations (LDR) Section 4.4.9(B)(5), "General Commercial Zoning District", to
provide that commercial uses are allowed in mixed-use developments in the General Commercial
(GC) Zoning District if commercial uses are provided on the ground floor and occupy no less than
25% of the structure.
During the course of reviewing recent development proposals for mixed-use projects, staff has
identified a concern with Land Development Regulations (LDR) Section 4.4.9(B)(5), which requires a
minimum of 50% of the gross floor area of a mixed-use building to be devoted to commercial uses.
The current provision is reasonable for a two-story structure; however it becomes more impractical
for a three or four-story structure. Thus, the proposed amendment would require the ground floor of
a mixed-use building to be devoted to commercial uses and equate to at least 25% of the total building
square footage.
The Planning and Zoning Board held a public hearing regarding this item. After deliberation, the
Board voted 6-0 to recommend to the City Commission approval of the proposed amendment to
Land Development Regulations Section 4.4.903)(5), 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 Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
At the first reading on August 3, 2004, the City Commission passed the Ordinance No. 43-04.
Recommend approval of Ordinance No. 43-04 on second and final reading.
S:\City Clerk\agenda memos \0~d.43.04.08.17.04
THRU: PAUL DORLING, DIRECT~OF PLANNING AND ZONING
FROM: ROBERT G. TEFFT, SENIORC'/PLANNER~~
SUBJECT: MEETING OF AUGUST 3, 2004
AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.4.9(B) (5), TO
PROVIDE THAT COMMERCIAL USES ARE ALLOWED IN MIXED-USE DEVELOPMENTS IN
THE GC ZONING DISTRICT IF COMMERCIAL USES ARE PROVIDED ON THE GROUND
FLOOR AND OCCUPY NO LESS THAN 25% OF THE STRUCTURE.
During the course of reviewing recent development proposals for mixed-use projects, staff has identified a
concern with LDR Section 4.4.9(B) (5), which requires a minimum of 50% of the gross floor area of a mixed-
use building to be devoted to commercial uses. As development is becoming more intense (i.e. three and four
stories, rather than two stories), the current percentage threshold is creating conflicts. The current provision of
at least 50% of the total floor area is reasonable for a two-story structure; however it becomes more impractical
for a three or four-story structure to accommodate such minimum percentages of commercial floor area. As
mixed-use developments typically consist of commercial uses at ground level with either office or residential
use on the second level and residential uses on the remaining upper stories, it is reasonable that the
regulations should be more reflective of the type of development they are intended to govern. Thus, the
proposed amendment of LDR Section 4.4.9(B) (5) is to require the ground floor of a mixed-use building be
devoted to commercial uses and that the ground floor equates to at least 25% of the total building square
footage. Square footage devoted to vehicular use (i.e. parking spaces, travel lanes, etc.) should be excluded
from the 25% calculation. The amended text will also restrict residential uses from occupying the ground level
of a mixed-use structure. Additional background and analysis can be found in the attached Planning and
Zoning Board Staff Report.
Pursuant to LDR Section 2.4.5(M) (5), in addition to the provisions of LDR Section 1.1.6(A), the City
Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives
and Policies of the Comprehensive Plan. The Comprehensive Plan has been reviewed and while the
proposed text amendment does not further any specific Goal, Objective or Policy, the amendment is not
inconsistent with them and will serve to provide less restrictive and more effective regulations regarding mixed-
use development within the GC zoning district.
At its meeting of July 19, 2004, the Planning and Zoning Board held a public hearing in conjunction with the
proposed text amendment. After deliberation, the Board recommended approval of the proposed text
amendment on a vote of 6-0 (Peltzie absent), 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
criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
Move approval on first reading of the amendment to LDR Section 4.4.9(B) (5), 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 criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development
Regulations and set a public hearing date of August 17, 2004.
Attachments: Planning and Zoning Board Staff Report of July 19, 2004; and Proposed Ordinance
'llll
1993 1993
MEETING DATE: JULY 19, 2004
AGENDA ITEM: III. F. - AMENDMENT TO LAND DEVELOPMENT REGULATIONS
SECTION 4.4.9(B) (5), TO PROVIDE THAT COMMERCIAL USES ARE
ALLOWED IN MIXED-USE DEVELOPMENTS IN THE GC ZONING
DISTRICT IF COMMERCIAL USES ARE PROVIDED ON THE GROUND
FLOOR AND OCCUPY NO LESS THAN 25% OF THE STRUCTURE.
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to Land Development Regulations (LDR) Section 4.4.9(B) (5) to
modify the minimum gross floor area requirement for commercial uses in mixed-use
developments in the General Commercial (GC) zoning district, pursuant to LDR Section
2.4.5(M).
Pursuant to LDR Section 1.1.6(A), the text of the LDR may from time to time be amended,
changed, supplemented, or repealed. No such action, however, shall be taken until a
recommendation is obtained from the Planning and Zoning Board and until a public hearing has
been held by the City Commission. Any such change shall be made by ordinance, pursuant to
procedures found in LDR Section 2.4.5(M).
At its meeting of March 21, 2000, the City Commission approved on second reading a text
amendment to LDR Section 4.4.9(B) (5), which established the language as to how mixed-use
developments are permitted within the GC zoning district. The text amendment was associated
in part with Comprehensive Plan Amendment 99-1, which was to amend the GC land use
description to correct an inconsistency between the land use and zoning descriptions regarding
stand-alone residential uses, and to establish a maximum allowable density. The text
amendment modified LDR Section 4.4.9(B) (5) as follows:
...... at
(5) Dwelling units in the same structure as commercial uses provided that: moro
least 50% of the gross floor area is devoted to commercial uses; residential uses and
non-residential uses are physically separated and have separate accessways; and
the residential density does not exceed 12 units per acre.
During the course of reviewing recent development proposals for mixed-use projects, staff has
identified a concern with the aforementioned section of the LDR. As development is becoming
more intense (i.e. three and four stories, rather than two stories), the current percentage
threshold is creating conflicts. The intent of the mixed-use scenario is to provide residences
that support the commercial and service uses within the development as well as the surrounding
area. The current provision within the LDR requires that at least 50% of the total floor area of
the structure be devoted to commercial use, and while this is reasonable for a two-story
structure it becomes more impractical for a three or four-story structure to accommodate such
minimum percentages of commercial floor area. As mixed-use developments typically consist
Planning and Zoning Board Staff Report
Amendment to LDR Section 4.4.9(B) (5)
Page 2
of commercial uses at ground level with either office or residential use on the second level and
residential uses on the remaining upper stories, it is reasonable that the regulations should be
more reflective of the type of development they are intended to govern. Thus, it is proposed
that the text of LDR Section 4.4.9(B) (5) is amended to require the ground floor of a mixed-use
building be devoted to commercial uses and that the ground floor equates to at least 25% of the
total building square footage. Square footage devoted to vehicular use (i.e. parking spaces,
travel lanes, etc.) should be excluded from the 25% calculation. The amended text will also
restrict residential uses from occupying the ground level of a mixed-use structure.
Pursuant to LDR Section 2.4.5(M) (5), in addition to the provisions of LDR Section 1.1.6(A), the
City Commission must make a finding that the text amendment is consistent with and furthers
the Goals, Objectives and Policies of the Comprehensive Plan. The Comprehensive Plan has
been reviewed and while the proposed text amendment does not further any specific Goal,
Objective or Policy, the amendment is not inconsistent with them and will serve to provide less
restrictive and more effective regulations regarding mixed-use development within the GC
zoning district.
Community Redevelopment Agency:
At its meeting of July 8, 2004, the Community Redevelopment Agency (CRA) recommended
approval of the proposed text amendment.
Downtown Development Authority:
At its meeting of July 14, 2004, the Downtown Development Authority (DDA) recommended
approval of the proposed text amendment.
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the amendment to LDR
Section 4.4.9(B) (5), 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 criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development
Regulations.
C. Move a recommendation of denial to the City Commission for the amendment to LDR
Section 4.4.9(B) (5), 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
criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations.
Move a recommendation of approval to the City Commission for the amendment to LDR Section
4.4,9(B) (5), 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
criteda set forth in Sections 1.1,6(A) and 2.4.5(M) of the Land Development Regulations.
A~tachments: Proposed Ordinance
Planning and Zoning Board Staff Report
Amendment to LDR Section 4.4.9(B) (5)
Page 3
ORDINANCE NO.~-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED" TO
PROVIDE THAT COMMERCIAL USES ARE ALLOWED IN
MIXED-USE DEVELOPMENTS IN THE GC ZONING
DISTRICT IF COMMERCIAL USES ARE PROVIDED ON THE
GROUND FLOOR AND OCCUPY NO LESS THAN 25% OF
THE STRUCTURE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on , and
voted __ to __ to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Board, sitting as the Local Planning Agency, has determined that the change is
consistent with and furthers the goals, objectives and policies of the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.9, "General Commercial (GC) District", Subsection
4.4.9(B), "Principal Uses and Structures Permitted" of the Code of Ordinances of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(B) Principal Uses and Structures Permitted: The following are allowed within the
GC District as permitted uses, except as prohibited in the West Atlantic Avenue Overlay District
by Section 4.4.9(G)(1)(a):
(1) General retail uses including, but not limited to:
· Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats,
draperies and slipcovers, medicines and prescriptions, electrical fixtures and
supplies, fabdcs, fish, flowers and plants, fruits and vegetables, food, garden
supplies, gifts, glassware, hardware and paints, home furnishings, ice cream,
lawn care equipment, leather goods, luggage, medical and surgical equipment,
music and musical instruments, nautical supplies, office furniture equipment and
Planning and Zoning Board Staff Report
Amendment to LDR Section 4.4.9(B) (5)
Page 4
supplies, pets and pet supplies, photographic equipment and supplies, sewing
supplies, sporting goods, toys, wearing apparel and accessories, appliances,
bicycles, business machines, jewelry.
(2) Business and Professional uses including, but not limited to:
· Intedor decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices.
(3) Contractor's Offices, including but not limited to:
· Air conditioning, general contractor, electrical, painting, and plumbing; however,
any outside storage of materials is prohibited.
(4) Services and Facilities including, but not limited to:
· Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to
on-site processing for customer pickup only, dry cleaning and laundry pickup
stations, financing e.g. banks and similar institutions including drive-through
facilities, laundromats limited to self-service facilities, pet grooming, restaurants
including drive-in and drive-through, tailoring, tobacconist, vocational schools
limited to arts and crafts, business, beauty, dancing, driving, gymnastics,
photography, modeling, and karate-judo, small item repair, and rental of sporting
goods and equipment (such as but not limited to bicycles, skates, boogie
boards).
· Abused spouse residence with forty (40) or fewer residents, galleries, broadcast
studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs,
indoor shooting ranges, museums, libraries, newsstands, commercial or public
parking lots and parking garages, theaters excluding drive-ins.
(5) Dwelling units in the same structure as commercial uses provided that: at-least
50% cf thc grccs ficcr ~r~= !c dcvctcd tc ccmm~rc!~! '-'ccc; commercial uses must be provided
on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the
total structure exciudinq square footaqe devoted to vehicular use; residential uses are not
located on the qround level; residential uses and non-residential uses are physically separated
and have separate accessways; and the residential density does not exceed 12 units per acre.
(6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic
readers, spiritualists, numerologists and mental healers, subject to the Iocational restrictions of
Section 4.4.9(H)(5).
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I).
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.
Planning and Zoning Board Staff Report
Amendment to LDR Section 4.4.9(B) (5)
Page 5
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 upon its adoption on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ O ~. - REGULAR MR~TING OF AUGUST 17. 2004
ORDINANCE NO. 40-04
DATE: AUGUST 13, 2004
This is second reading and public heating for Ordinance No. 40-04 providing for a referendum to be
held on November 2, 2004, on the question of whether the majority of the qualified voters of the City
voting m the referendum special elechon give their consent and permission for the release of any deed
restrictions and for the transfer and sale of the North 48 feet of Lot 15, Block 101 (Library), located
behind the current library site at 29 S.E. 4~ Avenue and fronting on S.E. 5~ Avenue.
At the first reading on August 3, 2004, the Commission passed Ordinance No. 40-04.
Recommend approval of Ordinance No. 40-04 on second and final reading.
S:\City Clerk\agenda memos. Oral ~O.04.Re ferend~m. Lot 15, Block 101.Library.08.17.04
[ITY OF I]ELRI:IY BEI3[H
CITY ATTORNEY'S OFFICE 3°° ~,~ l,t AVENUE-DEL.^Y BEAt., FLO.IDA 334'4
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
~jamlca City MEMORANDUM
'~lIJJgg'~ DATE: July22,2004
TO: David Harden, City Manager
Chevelle Nubin, Acting City Clerk
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance 41-04 and 40-04 Referendum Questions/Referendum
Questions for November 2, 2004 Election
Attached please find resolutions and ordinances regarding the referendum
questions that need to be placed on the August 3, 2004 City Commission agenda.
Please place the resolutions and ordinances on the agenda as required, and take
all other steps necessary to make sure the questions are put on the ballot.
If you have any further questions, please do not hesitate to call.
Attachment
ORDINANCE NO. 40-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF Dt~.I.RAY BEACH, FLORIDA, PROVIDING FOR A
REFERENDUM OF THE QUESTION OF WHETHER THE
MAJORITY OF THE QUALIFIED VOTERS OF THE CITY
VOTING IN THE REFERENDUM SPECLAL ELECTION
GIVE THEIR CONSENT FOR THE RF.I.EASE OF DEED
RESTRICTIONS AND AI.I.OWING THE TRANSFER AND
SALE OF THE NORTH 48 FEET OF LOT 15, BLOCK 101,
LOCATED BEHIND THE CURRENT LIBRARY SITE AT 29
S.E. 4TM AVENUE AND FRONTING ON S.E. 5TM AVENUE
IN THE CITY OF DELRAY BEACH, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
A REFERENDUM ON THE ISSUE TO BE HELD ON
NOVEMBER 2, 2004 AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, one of the deeds to the City on property owned by the City located behind the
current library provides that the North 48 feet of Lot 15, Block 101 is to be used for municipal
purposes and not to be sold or transferred by the City without first obtaining from the majority of
qualified voters of said City, permission to sell and convey said lands; and
WHEREAS, the restrictions set forth above are set forth m the Deed dated April 23, 1936
to the City of Delray Beach on property legally described as the North 48 feet (N48') of Lot Fifteen
(15), Block One Hundred One (101) of the Town of Delray, formerly Linton, according to the Plat
thereof on file m the offices of the Clerk of the Circuit Court m and for Palm Beach County, said
deed being recorded at Book 525, Page 504 of the Public Records of Palm Beach County and
referred to herein as the plat located behind the library; and
WHEREAS, approval of the majority of the qn,lified voters of the City for the release of the
same restrictive covenant was obtained by referendum held on March 13, 2001 on property located
on the South 50 feet of LOt 8 and all of LOt 9, Block 101 where the current library is situated; and
WHEREAS, in order to fully redevelop the site behind the currently existing library site, the
restrictions need to be removed; and
WHEREAS, the new library is to be built on land located west of Swinton adjacent to the
South County Courthouse site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Draft 816104
Section 1. That the City Commission of the City of Delray Beach, Florida, hereby
incorporates the recitals set forth above and hereby incorporates them herein in their entirety:
Section 2. That the City Commission of the City of Delray Beach seeks the consent and
permission of the majority of the qualified electors of the City of Delray Beach voting in a special
election to release the deed restrictions and to authorize the transfer and sale of that part of lot
located behind the current library property and as legally described in the recitals incorporated
herein above.
Section 3. That a special election will be held on November 2, 2004 on the release of
the restrictions on the property described in the recitals.
Section 4. The form of the ballot to be used m the referendum shall be as follows:
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. Subsequenfly, it was discovered that a similar deed restriction also existed on a part
of Lot 15, behind the current library.
Do you consem 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 []
Section 5. If a majority of the qualified voters of the City of Delray Beach actually
voting in a referendum vote for the question, then it will take effect immediately on its passage. If
a majority of the qualified voters of the City of Delray Beach voting in this referendum vote against
the question, then this ordinance shall have no force and effect.
Section 6. That this ordinance shall become effective upon its passage on second and
final reading.
2 ORD. NO. 40-04
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
MAYOR
ATfEST:
ACTING CITY CLERK
First Reading
Second Reading
3 ORD. NO. 40-04
RESOLUTION NO. 50-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CAIJ.ING FOR A
SPECIAL ELECTION TO BE HELD ON NOVEMBER 2,
2004, TO PROVIDE FOR A REFERENDUM ON THE
QUESTION PRESENTED IN ORDINANCE NO. 40-04
REGARDING THE RELEASE OF DEED RESTRICTIONS
AND ALLOWING FOR TRANSFER OF THE NORTH 48
FEET LOT 15, BLOCK 101, LOCATED BEHIND THE
CURRENT LIBRARY SITE AT 29 S.E. 4TM AVENUE AND
FRONTING ON S.E. 5TM AVENUE, PROVIDING FOR THE
TIME, MANNER AND MEANS OF HOLDING SAID
ELECTION, PROVIDING A SAVING CLAUSE AND AN
EFFECTiVE DATE.
WHEREAS, Ordinance No. 40-04 provides for a referendum to be held on the question
presented therein concerning whether the majority of the qualified voters in the City voting in a
special election consent and give permission for the City to release any restrictions in the deed and
consent to the transfer and sale of the North 48 feet of Lot 15, Block 101, which requires approval
by the citizens as herein mentioned and as set forth in Ordinance No. 40-04; and
WHEREAS, the City of Delray Beach, Florida, desires to call for a special election on the
matter; and
WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a
special election and provide all notices required in accordance with Article V, Elections of the City
Charter, Chapter 34, "Elections" of the Code of Ordinances of the City of Delray Beach and
General Law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are incorporated as if fully set forth herein.
Section 2. For the purpose of removing Deed Restrictions and allowing the sale and
transfer of property legally described as:
The North 48 feet (N48) of Lot Fifteen (15), Block One Hundred
One (101) of the Town of Delray, formerly Linton, according to the
Plat thereof on file in the offices of the Clerk of the Circuit Court in
and for Palm Beach County, said deed being recorded at Book 525,
Dm~8 604
Page 504 of the Public Records of Palm Beach County and referred
to herein as the plat located behind the library.
There shall be placed on the November 2, 2004 general election ballot, the following
question:
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 []
Section 3. Said election shall be held at polling places and precincts designated by the
Supervisor of Elections and as kept on file in the office of the City Clerk for the City of Delray
Beach, Florida.
Section 4. This resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regular session on this the __ day of ,
2004.
MAYOR
ATI'£ST:
Acting City Clerk
Draft 8 6 04
NOTICE OF SPECIAL ELECTION
The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida
Statutes 100.342, that a Special Election shall be held on November 2, 2004 on
the referendum question passed by Ordinance No. 40-04 to wit:
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
CITY OF DELRAY BEACH, FLORIDA
Chevelle Nubin
Acting City Clerk
PUBLISH: The News
[This publication shall be made at least twice, once in the fifth week and once in the
third week prior to the week in which the referendum is to be held, at least 30 days prior
to the referendum date.]
NOTICE OF RESULTS OF REFERENDUM ELECTION
HELD ON NOVEMBER 27 2004
The City of Delray Beach, Florida held a referendum election on
November 2, 2004 at a Special Election regarding a release of a deed restriction
contained in a deed from Lucetta E. Home and Lelia Horne to the City of Delray Beach,
Florida dated April 23, 1936 on property legally described as follows:
The North 48 feet of Lot 15, Block One Hundred and One
(101) of the Town of Delray, formerly Linton, according to the
plat thereof on file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, said Deed being
recorded at Book 525, Page 504 of the Public Records of
Palm Beach County.
The deed referred to above contained the following restrictive language:
"This land is conveyed to the City of Delray Beach for municipal
purposes and is not to be sold or transferred by said City without
first obtaining from the qualified voters of said City permission to
sell and convey said lands; said permission to be obtained at a
special election to be held for the purpose of obtaining the consent
and permission of the majority of the qualified voters of the City of
Delray Beach, Florida."
On November 2, 2004, a special election was held and the following referendum
question appeared on the ballot:
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.
DRAFT 8/6/04
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 []
NOW, THEREFORE, the City Clerk of the City of Delray Beach, Florida
serves notice that the results of the above-described referendum election were as
follows:
YES
NO
The Majority of the voters casting a ballot at the referendum election held on November
2, 2004, have voted to release or not release (circle one) the deed restrictions on the
property and authorizing or not authorizing (circle one) the transfer, sale and
conveyance of the land known as the North 48 feet of Lot 15, Block 101 of the Town of
Delray, formally Linton, according to the Plat thereof on file in the offices of the Clerk of
the Circuit Court in and for Palm Beach County, said deed being recorded at Book 525,
Page 504 of the Public Records of Palm Beach County.
DATED this day of ,2004.
CITY CLERK
SWORN TO AND SUBCRIBED
Before me this day of ,2004.
DRAFT 8/6104
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ O ~ - REGULAR MEETING OF AUGUST 17. 2004
ORDINANCE NO. 41-04
DATE: AUGUST 13, 2004
This is second reading and public hearing for Ordinance No. 41-04 providing for a referendum to be
held on November 2, 2004, on the question of whether the majority of the qualified voters of the City
voting in the referendum spe(ml election give their consent and permission for the release of any deed
restrictions and for the transfer and sale of part of Block 52 (Tennis Center), located on the northwest
comer of N.W. 1st Avenue and Atlantic Avenue.
At the first reading on August 3, 2004, the Commission passed Ordinance No. 41-04.
Recommend approval of Ordinance No. 41-04 on second and final reading.
S:\City Clerk\agenda memos. Ord 41.04.Re ferendum. Block 52 Tennis Center.08.17.04
[lTV OF DELRI:IV BEI:I[H
CI~ AITORNEY'S OFFICE 200 Nw 1st AVENUE-DEL,AY,EAC,. FLORID^ 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
M.e~¢~ Ct~/ MEMORANDUM
'Ill[
1993
TO: David Harden, City Manager
Chevelle Nubin, Acting City Clerk
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance 41-04 and 40-04 Referendum Questions/Referendum
Questions for November 2, 2004 Election
Attached please find resolutions and ordinances regarding the referendum
questions that need to be placed on the August 3, 2004 City Commission agenda.
Please place the resolutions and ordinances on the agenda as required, and take
all other steps necessary to make sure the questions are put on the ballet.
If you have any further questions, please do not hesitate to call.
Attachment
ORDINANCE NO. 41-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM
OF THE QUESTION OF WHETHER THE MAJORITY OF THE
QUALIFIED VOTERS OF THE CITY VOTING IN THE
REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT
FOR THE RELEASE OF DEED RESTRICTIONS, AND ALLOWING
THE TRANSFER AND SALE OF PART OF BLOCK 52 NOW
USED FOR PARKING AND LOCATED ON THE NORTHWEST
CORNER OF N.W. 1sT AVENUE AND ATLANTIC AVENUE IN
THE CITY OF DELRAY BEACH, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM ON
THE ISSUE TO BE HELD ON NOVEMBER 2, 2004 AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, two of the deeds to the City on property owned by the City located on the
southeast portion of the Tennis Center site provides that Block 52 is to be used for municipal
purposes and not to be sold or transferred by the City without first obtaining from the majority of
qualified voters of said City, permission to sell and convey said lands; and
WHEREAS, the restrictions set forth above are set forth in the Deed dated September 9,
1936 to the City of Delray Beach on property legally described as Block fifty-two (52) of the City of
Delray Beach, formally the Town of Linton, according to the Plat thereof on file in the offices of
the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Deed
Book 532, Page 313 of the Public Records of Palm Beach County; and
WHEREAS, the restriction is also contained in a Deed dated August 17, 1936 on Block 52,
as recorded in Deed Book 532, Page 311 of the Public Records of Palm Beach County.
WHEREAS, approval of the majority of the qualified voters of the City for the release of the
same restrictive covenant was obtained by referendum held on March 13, 1990 on property on
all of Block 52, in order to use the property for a public tennis facility.
WHEREAS, the City desires to release a portion of Block 52 from the deed restriction,
using the proceeds from any sale for public parking.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That the City Commission of the City of Delray Beach, Florida, hereby
incorporates the recitals set forth above and hereby incorporates them herein in their entirety.
Rev. s/12/04 1 ORD. NO. 41-04
Section 2. That the City Commission of the City of Delray Beach seeks the consent and
permission of the majority of the qualified electors of the City of Delray Beach voting in a special
election to release the restriction regarding the use of the property for municipal purposes,
permitting the proceeds to be used for public parking purposes, and to permit the transfer and
sale of part of Block fifty-two (52). Said land is located on the Northwest corner of N.W. 1st
Avenue and Atlantic Avenue, legally described as:
The south 94.6' of Lots 13-16, Inclusive, Block 52, Town of Linton
(now Delray), as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida (less RD PJW SR 806) and
that part of Abandoned N.W. 2nd Avenue adjacent thereto as
recorded in OR475P285.
Section 3. That a special election will be held on November 2, 2004 on the release of
the restrictions on the property described in the recitals.
Section 4. The form of the ballot to be used in the referendum shall be as follows:
QUESTION
Authorization for Sale of Parking Lot with Proceeds to be Used for Public Parking
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 Block 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 []
Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting
in a referendum vote for the question, then it will take effect immediately on its passage, if a
majority of the qualified voters of the City of Delray Beach voting in this referendum vote against
the question, then this ordinance shall have no force and effect.
Section 6. That this ordinance shall become effective upon its passage on second and
final reading.
]~ev. s/]2/o4 2 ORD. NO. 41-04
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
Rev. s/12/04 3 ORD. NO. 41-04
RESOLUTION NO. 51-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL
ELECTION TO BE HELD ON NOVEMBER 2, 2004, TO PROVIDE
FOR A REFERENDUM ON THE QUESTION PRESENTED IN
ORDINANCE NO. 41-04 REGARDING THE RELEASE OF DEED
RESTRICTIONS AND THE TRANSFER AND SALE OF PART OF
BLOCK 52, LOCATED ON THE NORTHWEST CORNER OF N.W.
1ST AVENUE AND ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED IN ORDINANCE NO. 41-04,
PROVIDING FOR THE TIME, MANNER AND MEANS OF
HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 41-04 provides for a referendum to be held on the question
presented therein concerning whether the majority of the qualified voters in the City voting in a
special election consent and give permission for the City to release restrictions in the deed and
consent to the transfer and sale of part of now used for parking, Block 52, which requires
approval by the citizens as herein mentioned and as legally described and as set forth in
Ordinance No. 41-04; and
WHEREAS, the City of Delray Beach, Flodda, desires to call for a special election on the
matter; and
WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold
a special election and provide all notices required in accordance with Article V, Elections of the
City Charter, Chapter 34, "Elections" of the Code of Ordinances of the City of Delray Beach and
General Law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are incorporated as if fully set forth herein.
Section 2. For the purpose of removing Deed Restrictions and allowing the sale and
transfer of property legally described as:
The south 94.6' of Lots 13-16, Inclusive, Block 52, Town of Linton
(now Delray), as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida (less RD R/W SR 806) and
Rev. 8/12/04
that part of Abandoned N.W. 2na Avenue adjacent thereto as
recorded in OR475P285.
There shall be placed on the November 2, 2004 general election ballot, the following
question:
QUESTION
Authorization for Sale of Parking Lot with Proceeds to be Used for Public Parking
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 Block 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 r-I
Section 3. Said election shall be held at polling places and precincts designated by the
Supervisor of Elections and as kept on file in the office the City Clerk of the City of Delray Beach,
Florida.
PASSED AND ADOPTED in regular session on this the __ day of ,2004.
MAYOR
ATTEST:
City Clerk
Rev, 8/12104
NOTICE OF SPECIAL ELECTION
The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida
Statutes 100.342, that a Special Election shall be held on November 2, 2004 on
the referendum question passed by Ordinance No. 41-04 to wit:
QUESTION
Authorization for Sale of Parking Lot with Proceeds to be Used for Public Parking
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 Block 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
CITY OF DELRAY BEACH, FLORIDA
Chevelle Nubin
Acting City Clerk
PUBLISH: The News
[This publication shall be made at least twice, once in the fifth week and once in the
third week prior to the week in which the referendum is to be held, at least 30 days prior
to the referendum date.]
Rev. 8/12/04
NOTICE OF RESULTS OF REFERENDUM ELECTION
HELD ON NOVEMBER 2~ 2004
The City of Delray Beach, Florida held a referendum election on November 2,
2004 at a Special Election regarding a release of a deed restriction contained in a deed
from Southard Investment Co. to the City of Delray Beach, Florida dated September 9,
1936, recorded at Deed Book 532, Page 313 of the Public Records of Palm Beach
County.
And as also contained in a Deed dated August 17, 1936 from Carolyn v.
Southard to the City of Delray Beach on property:
Recorded in Deed Book 532, Page 311 in the Public
Records of Palm Beach County.
The deeds referred to above contained the following restrictive language:
"This Deed is made, executed and delivered to the grantee herein
named for the purpose of giving and granting the party of the
second part, its successors, legal representatives, and assigns the
use of the above described property for public park, playground,
public schools, and other municipal purposes; and said property is
not to be sold, conveyed, disposed of or transferred by said City
without first submitting to a vote of the duly qualified voters of the
City of Delray Beach, the question as to whether or not the party of
the second part shall sell or dispose of the property."
The legal description of the property the City desires to obtain a release of deed
restrictions on and authorizing the sale thereof is legally described as:
The south 94.6' of Lots 13-16, Inclusive, Block 52, Town of Linton
(now Delray), as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Flodda (less RD PJW SR 806)
and that part of Abandoned N.W. 2nd Avenue adjacent thereto as
recorded in OR475P285.
Rev. 8/12/04
On November 2, 2004, a special election was held and the following referendum
question appeared on the ballot:
QUESTION
Authorization for Sale of Parking Lot with Proceeds to be Used for Public Parking
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 Block 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 []
NOW, THEREFORE, the City Clerk of the City of Delray Beach, Florida
serves notice that the results of the above-described referendum election were as
follows:
YES
NO
The Majority of the voters casting a ballot at the referendum election held on November
2, 2004, have voted to release or not release (circle one) the deed restrictions on the
property and agreed to authorize or not authorize (circle one) the transfer, sale and
conveyance of the land known as:
The south 94.6' of Lots 13-16, Inclusive, Block 52, Town of Linton
(now Delray), as recorded in Plat Book 1, Page 3 of the Public
Records of Palm Beach County, Florida (less RD R/W SR 806)
Rev. 8/12/04
and that part of Abandoned N.W. 2nd Avenue adjacent thereto as
recorded in OR475P285.
DATED this day of ,2004.
CITY CLERK
SWORN TO AND SUBCRIBED
Before me this __ day of ,2004.
l~¢v. 8/12/04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # [e'~t~ - REGULAR MIZ. lq. TING AUGUST 17. 200a.
ORDINANCE NO. 46-04 (AMENDING CHAPTER SB
DATE: AUGUST 13, 2004
This is before City Commission for second reading and public hearing for Ordinance No. 46-04
amending Chapter 31, "City Officials and Employees", by amending Section 31.02, "Compensation of
Commissioners and Mayor", to provide for salary increases for the Mayor and City Commissioners to
bring salaries in line with neighboring mumcipalities.
At first reading on August 3, 2004, the City Commission passed Ordinance No. 46-04.
Recommend approval of Ordinance No. 46-04 on second and final reading.
S:\City Clerk\agenda mem~\Ord. 46-04 Compensation of Commia~one*~ and Mayor.08.17.04
[IT¥ DF DELRR¥ BE;ICH
CITY ATTORNEY'S OFFICE 2°° Nw ,~, ^V.N~E-,~EL,,A'~ ,,EACH,.~O.,.~ .~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
P~Lr~ ~A$~ Writoes Direct Line: 561/243-7091
~a~ MEMO~NDUM
TO: Mayor
City Commission
David Harden, Gity Mana~or
FROM: Susan A. Ruby, City A~orney
8UBdEGI: Ordinan~ Incmasinfl 8alarios of tho Magor and Gommissionom
I have prepared the attached ordinance increasing the salaries of the Mayor and
City Commissioners. The ordinance must be heard for first reading on August 3rd
and a second reading on August 17th in order that the ordinance will be effective
when the Mayor and Commissioners assume office on the last Thursday in Mamh
of 2005.
By copy to Chevelle Nubin, our office requests that this ordinance be placed on
the City Commission agenda for August 3, 2004.
Attachment
Cc: Chevelle Nubin, Acting City Clerk
ORDINANCE NO. 46-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 31, "CITY
OFFICIALS AND EMPLOYEES", BY AMENDING SECTION 31.02,
"COMPENSATION OF COMMISSIONERS AND MAYOR",
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the base salaries of the City Commission have not been increased for over
sixteen years, except to provide for adjustments based on the average budgeted salary
increases for City Employees; and
WHEREAS, the City performed a salary survey, wherein it was noted that the salaries for
Mayor and Commissioners have not kept pace with neighboring municipalities that also have a
Council-City Manager form of Government; and
WHEREAS, the City Commission desires to amend its ordinance to increase the salary of
the Mayor and City Commissioners in order to bring their salaries in line with those in neighboring
municipalities; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 31, "City Officials and Employees," Section 31.02,
"Compensation of Commissioners and Mayor" is hereby amended to read as follows:
Section 31.02 COMPENSATION OF COMMISSIONERS AND MAYOR.
Each Commissioner, during the term of his or her office, shall receive
compensation in the amount of ~,v_. .... seven hundred and fifty dollars ~.-/~Ann, vv.vv~nm ($750.00)
per month. The Mayor, during his or her term of office, shall receive compensation in the
amount of ~='"'..... ,,-,,~,v- k''"~'4''*'''~ .-h-.ll,=..._~.,_,v t~.v.........//¢cnn nn\ one thousand dollars ($1,000.00) per month.
However, effective in March 2001, and annually thereafter, the compensation shall be
adjusted annually based on the average budgeted salary adjustment, if any, budgeted for
the City's general employees, payable to all Commissioners and Mayor beginning in
March of each year on the date of the assumption to office of the Mayor and
Commissioners. The Mayor and Commissioners elected thereafter shall receive the
compounded compensation monthly.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portions thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. This ordinance shall become effective as provided by Section 3.10(A) of the
City Charter of the City of Delray Beach, on the last Thursday in March 2005.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2004.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
2 ORD NO. 46-04
ORDINANCE NO. 65-78
AN ORDINANCE OF TeE CITY COUNCIL OF THE CITY OF DELRAY
BEACH , FLORIDA, AMENDING CHAPTER 2 "ADMINISTHATION"
OF TeE CODE OF ORDINANCES OF THE CITY OF DELRAy BEACH,
FLORIDA, BY AMENDING SECTION 2-1.1 TO PROVIDE THAT
EACH COUNCILMEMBER'S SALARY S~L%LL BE INCREASED FROM
$300 PER MONTH TO $400 PER MONTH AND TNB MAYOR'S
SALARY SHALL BE INCREASED FROM $400 PER MONTH TO
$500 PER MONTH; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT NEREWITH.
WHEREAS, the workload of the City Council has increased dramati-
cally in the last few years; and,
~EREAS, this increase in work program necessitates the Mayor
and Councilmembere to devote more time to City affairs; and,
WHEREAS, the Financial Advisory Board of the City of Delray
Beach has recommended an increase in the compensation to the Mayor and
Councilmembers; and,
WHEREAS, the City Council concurs in this recommendation,
NOW, THEREFORE, BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY
OF DELHAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2-1.1 of Chapter 2 of the Code of
Ordinances of the City of Delray Beach is hereby amended to read as follows:
Sec. 2-1.1. Compensation of councilmember and mayor.
Each member of the city council of the City of
Delray Beach, Florida, during the term of his or
her term of office, shall receive compensation in
the amount of th~ee-hu~re~-de~a~e-~$~88v0~ four
hundred dollars ($400.00) per month, and the mayor
of said city, during his or her term of office,
shall receive compensation in the amount of ~eu~
h~d~e~-de~e~s-~$488v68~ five hundred dollars
($500.00) per month.
Section 2. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 3. That this ordinance shall become effective April 2,
1979.
PASSED AND ADOPTED in regular session on second and final reading
on this the 25th day of September , 1978.
MAYOR
ATTEST:
' / City Clerk
[lTV OF DELRlW BEII[H
CITY ATTORNEY'S OFFICE ~oo ~ ,~ ^~. ~.~. ~^~., ~o.,~^ ~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
Aa.~eica City MEMORANDUM
1993 2001
TO: City Commission
D~vicl H~rden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance §2-04 Drop Plan and Other Retirees Eligibility ~or 3.5%
Multiplier/Police and fire Pension Plan
The ordinance allows Police and Fire Pension Drop Participants that entered the
Drop Plan prior to March 15, 2004 and other police/fire pension retirees to obtain a
3.5 percent multiplier, subject to the payment of a maximum of 87.5 percent of
average monthly earnings, if they elect to do so, within ninety (90) days of the
passage of the ordinance. The persons that elect to participate must pay the full
actuarial costs, including actuarial services in a one-time lump sum payment.
Please place the ordinance on the August 17, 2004 City Commission agenda for
Attachment
Cc: Chevelle Nubin, Acting City Clerk
Joe Safford, Finance Director
Harry Hamiliton, Human Resources Director
Chief Larry Schroeder, Delray Beach Police Department
Chief Kerry Koen, Delray Beach Fire Department
James Tabeek, President, IAFF
Officer Vinny Gray, PBA Representative
POLICE/FIRE PENSION PLAN
ENHANCED MULTIPLIER OPTION
FOR DROP PARTICIPANTS AND OTHER RETIREES
ORDINANCE NO. 52-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS
AND ELIGIBILITY", PROVIDING AN ENHANCED MULTIPLIER OPTION FOR ELIGIBLE
DROP PARTICIPANTS AND RETIREES; REQUIRING THOSE MEMBERS WHO ELECT
THE ENHANCED MULTIPLIER TO PAY THE FULL ACTUARIAL COST THEREOF, PLUS
THE FULL COST OF ACTUARIAL AND OTHER PROFESSIONAL SERVICES REQUIRED;
AND PROVIDING A NINETY-DAY PERIOD FOLLOWING THE EFFECTIVE DATE OF
THIS ORDINANCE DURING WHICH ELIGIBLE MEMBERS MAY ELECT AND PAY FOR
THE ENHANCED MULTIPLIER; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVINGS CLAUSE AND AN EFFECTiVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CiTY OF DELRAY
BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of
the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
33.62, "Benefit Amounts and Eligibility", Subsection (B), "Normal Retirement Benefit", to read
as follows:
Sec. 33.62. BENEFIT AMOUNTS AND ELIGIBILITY.
(B) Normal Retirement Benefit.
(1) Duration, Survivor Benefits. A member retiring on his normal retirement
date shall receive a monthly benefit which shall commence on his normal
retirement date and be continued thereafter during his lifetime. Upon his death the
full retirement benefit shall be continued to his spouse for one year and sixty (60)
percent of that amount continued thereafter until the earlier of death or remarriage.
(2) Amount. Normal retirement benefits shall be in the amount of two and one-
half (2 1/2) pement of average monthly earnings for each year of continuous
service for employees with more than ten (10) but less than twenty (20) years of
continuous service. Normal retirement benefits shall be in the amount of three (3)
percent of average monthly earnings for each year of continuous service if an
employee has attained twenty (20) or more years of continuous service, subject to
a maximum of seventy-five (75) pement of average monthly earnings. Provided,
however, that in no event shall a member's total benefit be less than two (2)
percent of average monthly earnings for each year of continuous service.
However, members as of the effective date shall receive at their normal retirement
date (age fifty-two (52) regardless of years of service) the greater of the benefit
provided by the formula above or fifty (50) percent of average monthly earnings.
(3) Optional Enhanced Multiplier.
(a) Notwithstanding any provision of the System to the contrary, a
member who is actively employed by the City on March 15, 2004, but who
is not participating in the deferred retirement option plan (DROP), may
elect a normal retirement benefit in the amount of three and one-half (3.5)
percent of average monthly earnings for each year of continuous service if
the member attains twenty (20) or more years of continuous service,
subject to a maximum of eighty-seven and one-half (87.5) pement of
average monthly earnings. Members electing this enhanced multiplier shall
thereafter contribute three (3) pement of earnings to the Trust Fund in
addition to the member contribution specified in Section 33.64(A), and
shall receive the enhanced multiplier for all periods of continuous service.
An election under this subparagraph must be on or before April 15, 2004.
(b) Notwithstanding any provision of the System to the contrary, a
member who is actively employed by the City on March 15, 2004, but
does not elect the enhanced multiplier in accordance with subparagraph
(a), above, and who is not participating in the deferred retirement option
plan (DROP), may thereafter elect a normal retirement benefit in the
amount of three and one-half (3.5) percent of average monthly earnings for
all future continuous service after making such election if the member
attains twenty (20) or more years of continuous service, subject to a
maximum of eighty-seven and one-half (87.5) percent of average monthly
earnings. Members electing this enhanced multiplier shall thereafter
contribute three (3) percent of earnings to the Trust Fund in addition to the
member contribution specified in Section 33.64(A). Such member may
2
also elect to purchase the enhanced multiplier for some or all periods of
continuous service prior to the date of the election, by paying the full
actuarial cost of the enhanced multiplier, plus the full cost of any actuarial
or other professional services required.
(c) Notwithstanding any provision of the System to the contrary, a
member who is hired after March 15, 2004 and who is not participating in
the deferred retirement option plan (DROP) may elect a normal retirement
benefit in the amount of three and one-half (3.5) percent of average
monthly earnings for all future continuous service after making such
election if the member attains twenty (20) or more years of continuous
service, subject to a maximum of eighty-seven and one-half (87.5) percent
of average monthly earnings. Members electing this enhanced multiplier
shall thereafter contribute three (3) percent of earnings to the Trust Fund in
addition to the member contribution specified in Section 33.64(A). Such
member may also elect to purchase the enhanced multiplier for some or all
periods of continuous service prior to the date of the election, by paying
the full actuarial cost of the enhanced multiplier, plus the full cost of any
actuarial or other professional services required.
(d) Notwithstanding any provision of the System to the contrary, any
member who is actively employed on the effective date of this paragraph
and entered the deferred retirement option plan (DROP) with twenty (20)
or more years of credited service prior to March 15, 2004, and any member
who retired under this subsection with twenty (20) or more years of
credited service prior to March 15, 2004, may, within ninety (90) days
following the effective date of this paragraph, elect a normal retirement
benefit in the amount of three and one-half (3.5) percent of average
monthly eamlngs~ subiect to a maximum of eighty-seven and one-half
(87.5) percent of average monthly earnings. Members who elect the
enhanced multiplier must contribute the full actuarial cost of the enhanced
multiplier, plus the full cost of any actuarial or other professional services
required, in a one-time lump sum payment,
(-d)(e) The election to receive the enhanced multiplier under this
paragraph must be made in writing on a form provided by the City. Such
election shall be irrevocable. If an eligible member does not elect an
optional enhanced multiplier under this paragraph, or if an eligible
member elects the enhanced multiplier for only a portion of his total
continuous service, then the benefit provided in paragraph (2) shall be
used to calculate the benefit for all continuous service to which the
enhanced multiplier does not apply. If an eligible member elects the
enhanced multiplier and attains more than ten (10) but less than twenty
3
(20) years of continuous service, the member's benefit shall be determined
in accordance with paragraph (2), and the member shall receive a refund of
all additional contributions and amounts paid for the enhanced multiplier,
without interest. In no event shall a member's total benefit be less than two
(2) percent of average monthly earnings for each year of continuous
service.
(4) Upon becoming eligible for normal retirement, a member shall be one
hundred (100) pement vested in his accrued benefit.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 3 That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not operate to invalidate the remainder hereof.
Section 4 That this ordinance shall become effective upon passage.
PASSED AND ADOPTED in regular session on second and final reading on this
the __ day of ,2004.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
LEWn$ LONGMAN WALKER,
~- [ ATTORNEYS AT LAW
HELPING SHAPE ~PLY To: TALLAHASSEE
FLon~oa ~ Fvrw~®
August 17, 2004
Ms. Susan A. Ruby
City Attorney
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Police Officers' and Firefighters' Retirement Plan - Proposed Ordinance
Providing an Enhanced Multiplier Option for DROP Participants and Retirees
Dear Susan:
It has come to our attention that concerns have been raised about the proposed ordinance
amending the Police Officers' and Firefighters' Retirement Plan to provide an enhanced
multiplier option for DROP participants and retirees. Specifically, plan actuary Steve Palmquist,
based on information he received from another member of his firm, has questioned whether an
enhanced multiplier option for DROP participants and retirees is permissible under applicable
provisions of the Internal Revenue Code, and if it is, whether a rollover or direct transfer from
another qualified plan may be used to purchase the enhanced multiplier. We have spoken to the
person in Steve's firm who raised this concern, and have done some preliminary legal research
on these issues. Based on our research, we have concluded that DROP participants and retirees
would not be able to purchase the enhanced multiplier using a rollover or direct transfer from
another qualified plan. However, we have not yet reached a conclusion as to whether the
enhanced multiplier option for DROP participants and retirees is permissible under the Internal
Revenue Code. Further research on this issue will be necessary.
Accordingly, we recommend that the City defer consideration of the proposed ordinance
until we complete our research and analysis of the legal issues. We anticipate that our research
and analysis will be completed within the next two weeks.
Bradenton Jacksonville Tallahassee tFest Palm Beach
lO01 3rd Avenue West 9428 Baymeadows Road Post Office Box 10788 (32302) 1700 Palm Beach Lakes Blvd.
Suite 670 Suite 625 125 South Gadsden Street, Suite 300 Suite 1000
Bradenton, FL 34205 Jacksonville, FL 32256 Tallahassee, FL 32301 West Palm Beach, FL 3340 l
(941) 708-4040 (904) 737-2020 (850) 222-5702 (561 ) 640-0820
Fax: (941) 708-4024 Fax: (904) 737-3221 Fax: (850) 224-9242 Fax: (561) 640-8202
August 17, 2004
Page 2
Please call me if you have any questions concerning this matter.
With best regards, I am
Sincerely,
James W. Linn
JWL/es