09-20-12 Regular MeetingCity of Delray Beach
Regular Commission Meeting
RULES FOR PUBLIC PARTICIPATION
Thursday,
September 20,
2012
Regular
Meeting 6:00
p.m.
Public
Hearings 7:00
p.m.
Delray Beach
City Hall
1. PUBLIC COMMENT : The public is encouraged to offer comments with t he order
of presentation being as follows: City Staff, publi c comments, Commission discussion
and official action. City Commission meetings are b usiness meetings and the right to
limit discussion rests with the Commission. Generally, remarks by an individual
will be limited to three minutes or less . The Mayor or presiding officer has discretion
to adjust the amount of time allocated.
A.Public Hearings: Any citizen is entitled to speak o n items under this section.
B.Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is
entitled to be heard concerning any matter within t he scope of jurisdiction of the
Commission under this section. The Commission may w ithhold comment or
direct the City Manager to take action on requests or comments.
C.Regular Agenda and First Reading Items: Public inpu t on agendaed items, other
than those that are specifically set for a formal p ublic hearing, shall be allowed
when agreed by consensus of the City Commission.
2. SIGN IN SHEET : Prior to the start of the Commission Meeting, ind ividuals
wishing to address public hearing or non-agendaed items should sign in on the sheet
located on the right side of the dais. If you are n ot able to do so prior to the start of the
meeting, you may still address the Commission on an appropriate item. The primary
purpose of the sign-in sheet is to assist staff with record keeping. Th erefore, when you
come up to the podium to speak, please complete the sign-in sheet if you have not
already done so.
3. ADDRESSING THE COMMISSION : At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must be
addressed to the Commission as a body and not to in dividuals. Any person making
impertinent or slanderous remarks or who becomes bo isterous while addressing the
Commission shall be barred by the presiding officer from speaking further, unless
permission to continue or again address the Commiss ion is granted by a majority vote
of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appea l any decision made by the City
Commission with respect to any matter considered at this meeting, such person will
need to ensure that a verbatim record includes the testimony and evidence upon which
the appeal is based. The City neither provides nor prepares such record.
100 N.W. 1st
Avenue Delray
Beach, FL
33444
Phone: (561)
243-7000
Fax: (561) 243-
3774
The City will furnish auxiliary aids and services t o afford an individual with a
disability an opportunity to participate in and enj oy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24
hours prior to the event in order for the City to a ccommondate your request.
Adaptive listening devices are available for meetin gs in the Commission
Chambers.
REGULAR MEETING AGENDA
1. ROLL CALL
2. INVOCATION
3. PLEDGE OF ALLEGIANCE TO THE FLAG
A.NONE
4. AGENDA APPROVAL
5. APPROVAL OF MINUTES:
A.August 21, 2012 – Regular Meeting
6. PROCLAMATIONS:
A.Recognizing and Commending Lillie Bell Evans
B.National Sickle Cell Awareness Month – September 2012
C.National Plug In Day – September 23, 2012
7. PRESENTATIONS:
A.NONE
8. CONSENT AGENDA: City Manager Recommends Approval
A. REQUEST FOR A SIDEWALK DEFERRAL/1604 NORTH SWINTON
AVENUE: Approve an agreement to defer installing a sidewalk along N .W.
16th Street for the property located at 1604 North Swint on Avenue.
B.
REQUEST FOR A SIDEWALK DEFERRAL/910 & 920 N.W. 1 ST
AVENUE: Approve an agreement to defer installing a sidewalk in front of 910 and
920 N.W. 1st Avenue.
C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/ INTER COUNTY
ENGINEERING, INC.: Approve Contract Closeout (C.O. No. 2/Final) to Int ercounty
Engineering, Inc. in the amount of a $53,535.19 dec rease and final payment in the
amount of $3,971.68 for completion of the S.W. 10th Avenue Water Main Project.
Funding is available from 442 -5178 -536 -68.76 (Water and Sewer Renewal &
Replacement Fund: Improvements Other/S.W. 10 th Avenue Water Main).
D. REQUEST FOR PROPOSALS (RFP) / CONSTRUCTION AND ENGI NEERING
INSPECTION SERVICES (CEI)/FEDERAL HIGHWAY BEAUTIFIC ATION
PROJECT: Approve the Selection Committee's ranking of re sponses for RFP#
2012 -32 for Construction and Engineering Inspection Serv ices (CEI) for the Federal
Highway Beautification Project; and authorizing staff to enter into contract
negotiations with the top ranked firm, R.J. Behar & Company.
E. CONTRACT CLOSEOUT (CHANGE ORDER NO. 4/FINAL)/BRANG
CONSTRUCTION, INC.: Approve Contract Closeout (C.O. No. 4/Final) to Bra ng
Construction, Inc. in the amount of a $13,662.72 de crease and final payment in the
amount of $21,233.18 for completion of the ARRA Bus Shelters Project. Funding is
available from 101 -3163 -544 -65.70 (ARRA Economic Stimulus Fund: Other
Improvements/Transit Stop Bus Shelters).
F. BID AWARD/RANDOLPH & DEWDNEY CONSTRUCTION, INC.: Approve a bid
award to Randolph & Dewdney Construction, Inc. in t he amount of $618,600.00 for
modifications to Fire Station No. 1. Funding is ava ilable from 118 -1962 -554 -62.89
(Neighborhood Services: Capital Outlay/Fire Station No. 1) and 118 -1962 -554 -64.90
(Neighborhood Services: Capital Outlay/Other Machin ery/Equipment).
1. CHANGE ORDER NO. 1/RANDOLPH & DEWDNEY CONSTRUCTION,
INC.: Approve Change Order No. 1 to Randolph & Dewdney Co nstruction, Inc.
to decrease the undefined collections allowance the reby reducing the contract
amount to $613,347.00 for modifications to Fire Sta tion No. 1. Funding is
available from 118 -1962 -554 -62.89 (Neighborhood Services: Capital Outlay/Fire
Station No. 1) and 118 -1962 -554 -64.90 (Neighborhood Services: Capital
Outlay/Other Machinery/Equipment).
G. INTERLOCAL AGREEMENT FOR HAZARDOUS MATERIALS EMERGE NCY
RESPONSE SERVICES/PALM BEACH COUNTY: Approve Interlocal Agreement
for Hazardous Materials Emergency Response Services with Palm Beach County for
funding of hazardous materials emergency response s ervices.
H. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM (FRDAP)/ VETERANS PARK PLAYGROUN D:
Authorize staff to submit a grant application to th e Florida State Department of
Environmental Protection ’s Recreation Development Assistance Program for
funding in the amount of $138,500.00 to replace pla yground equipment for Veterans
Park.
I. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM (FRDAP)/POMPEY PARK POOL: Authorize staff to
submit a grant application to the Florida State Dep artment of Environmental
Protection ’s Recreation Development Assistance Program for fun ding in the amount
of $178,350.00 to redesign the wading pool at Pompe y Park Pool located at 1101 N.W.
2 nd Street.
J. RENEWAL OF POLICE AND FIRE COMMUNICATIONS AGREEMENT /TOWN
OF GULF STREAM: Approve renewal of the Police and Fire Communicat ions
Agreement between the City and the Town of Gulf Str eam for police and fire
dispatching and communications services with a term ination date of September 30,
2017.
K. TRAFFIC ENFORCEMENT AGREEMENT/THE SENECA GROUP
HOMEOWNERS ASSOCIATION: Approve a Traffic Enforcement Agreement with
The Seneca Group to allow the City of Delray Beach Police Department to enforce
State and local traffic laws on the private roads o f The Seneca Group.
L. REVISION TO THE COMMISSION RULES OF PROCEDURES/ SCH EDULE
FOR PUBLIC COMMENTS AT COMMISSION MEETINGS: Approve a revision to
the Commission Rules of Procedures to provide that public comments on non -agenda
items shall begin after approval of the consent age nda and if not concluded by 7:00
p.m., shall terminate and resume after the public h earing portion of the agenda.
M. RESOLUTION NO. 50 -12: Approve Resolution No. 50 -12 which amends Resolution
No. 6 -08 and adopts updated Cemetery Rules and Regulation s and Fees.
N. APPOINTMENT TO WORKFORCE ALLIANCE, INC. BOARD OF
DIRECTORS: Appoint an individual to serve as a representative from the Delray
Beach private sector to the Workforce Alliance Inc. Board of Directors.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS : Accept
the actions and decisions made by the Land Developm ent Boards for the period
September 3, 2012 through September 14, 2012.
P.AWARD OF BIDS AND CONTRACTS:
1.Contract award to Intercounty Engineering, Inc. in the amount of $56,384.00 for
the construction of a drainage improvement project on L owry Street on the
barrier island . Funding is available from 448 -5461 -538 -63.90 (Storm Water
Utility Fund: Improvements Other/Other Improvements ).
9. REGULAR AGENDA:
A.ADOPTION OF THE SOUTH FEDERAL HIGHWAY REDEVELOPMENT
PLAN: Consider adoption of the “South Federal Highway Redevelopment Plan ”,
which covers the commercial properties on both sides of S outh Federal Highway
between Linton Boulevard on the north and the city limits to the south.
B.
FIFTH AMENDMENT TO THE SOLID WASTE AND RECYCLING
COLLECTION FRANCHISE AGREEMENT/WASTE MANAGEMENT, IN C. OF
FLORIDA: Consider approval of the Fifth Amendment to the So lid Waste and
Recycling Collection Franchise Agreement with Waste Management, Inc. of Florida.
C.CHARTER REVIEW COMMITTEE FINAL REPORT: Provide direction on
proposed changes to the City ’s charter as recommended by the Charter Review
Committee.
D.VALET PARKING QUEUE EXPANSION/PRIME STEAKHOUSE: Consider a
request from Prime Steakhouse to expand their valet parking queue from 2 to 6
spaces for the property located at 110 East Atlanti c Avenue.
E.AGREEMENT: DELRAY BEACH MARKETING COOPERATIVE (DBMC )/
COMMUNITY REDEVELOPMENT AGENCY (CRA)/GREATER DELRA Y
BEACH CHAMBER OF COMMERCE: Consider approval of an Agreement
between the City, Delray Beach Marketing Cooperativ e (DBMC), Community
Redevelopment Agency (CRA) and the Greater Delray B each Chamber of
Commerce, to make the City the party responsible fo r financial aspects of First Night;
and the removal of the Downtown Development Authori ty (DDA).
F.MUNICIPAL LIEN SEARCH FEE INCREASE: Consider approval of an increase to
the municipal lien search fees.
G.APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint two
(2) regular members to the Historic Preservation Bo ard to serve two (2) year terms
ending August 31, 2014. Based upon the rotation sys tem, the appointments will be
made by Commissioner Gray (Seat #4) and Mayor McDuf fie (Seat #5).
H.APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular
member to the Police Advisory Board to serve an une xpired term ending July 31,
2013. Based upon the rotation system, the appointme nt will be made by
Commissioner Frankel (Seat #3).
I.APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMEN T
BOARD: Appoint two (2) regular members to serve unexpired terms ending July 31,
2014 and two (2) alternate members to serve unexpir ed terms ending July 31, 2013
to the Green Implementation Advancement Board. Base d upon the rotation system,
the appointments will be made by Commissioner Carne y (Seat #1), Commissioner
Jacquet (Seat #2), Commissioner Frankel (Seat #3) a nd Commissioner Gray (Seat
#4).
10. PUBLIC HEARINGS:
A.RESOLUTION NO. 47 -12 (FINAL MILLAGE LEVY): A resolution levying a tax on
all properties within the City of Delray Beach for operation and maintenance and for
payment of principal and interest on bonded indebte dness for FY 2013.
B.RESOLUTION NO. 48 -12 (MILLAGE LEVY/DDA): A resolution levying a tax on
all properties within the Downtown Development Auth ority Taxing District of the
City of Delray Beach for FY 2013.
C.RESOLUTION NO. 49 -12 (BUDGET ADOPTION FOR FY 2013): A resolution
tentatively making appropriations of sums of money for all necessary expenditures of
the City of Delray Beach for the period October 1, 2012 through September 30, 2013 .
1.APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the
Planning and Zoning Board ’s finding that the proposed Five Year Capital
Improvement Plan for FY 2012 -13 through FY 2016 -17 and FY 2013 Capital
Improvement Budget are consistent with the Comprehe nsive Plan.
D.ORDINANCE NO. 28 -12: Consider an ordinance amending Chapter 35,
"Employees Policies and Benefits", Subheading "Reti rement Plan", of the Code of
Ordinances by amending Section 35.089, “Definitions ”, to amend the definition of
“Employee ” to include certain previously excluded positions.
E.ORDINANCE NO. 30 -12: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, “Regular
Charges Levied ”, to provide for increased residential and commercial collection
service rates for FY 2013.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-
IMMEDIATELY FOLLOWING PUBLIC HEARINGS:
A.City Manager's response to prior public comments and inquiries.
B.From the Public.
12. FIRST READINGS:
A.ORDINANCE NO. 29 -12: Consider a request for historic designation of an individual
site known as the “Waters -Wellenbrink Residence ”, located at 1108 Vista Del Mar
Drive North to be listed in the Local Register of H istoric Places. If passed, a public
hearing will be held on October 2, 2012.
B.ORDINANCE NO. 33 -12: Consider an amendment to Chapter 37, “Delray Beach
Code Enforcement ”, by amending Section 37.42, “Administrative Fines; Costs of
Repair, Liens ”, to increase the fines for noise violations as defin ed in Section 99.03. If
passed, a public hearing will be held on October 2, 2012.
C.ORDINANCE NO. 34 -12: Consider an amendment to Chapter 99, “Noise Control ”,
by amending Section 99.02, “Definitions ”, amending Section 99.03, “Loud and
Unnecessary Noises Prohibited ”, and amending Section 99.08, “Penalty ”, to increase
the fines for noise violations. If passed, a public hearing will be held on October
2, 2012.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A.City Manager
B.City Attorney
C.City Commission
08/21/12
AUGUST 21, 2012
A Regular Meeting of the City Commission of the City of Del ray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the C ommission Chambers
at City Hall at 6:00 p.m., Tuesday, August 21, 2012.
1. Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Rabbi Kanter with Temple Sinai.
3. The Pledge of Allegiance to the flag of the United States of A merica was
given.
4. AGENDA APPROVAL.
Mayor McDuffie stated there is additional information for Item 9.C.,
Direction Regarding Selection of Solid Waste Collection Service s Provider , Item
9.E., City Manager Recruitment Process , and Item 10.B., Ordinance No. 19-12 .
Mr. Frankel requested that Item 9.C., Direction Regarding Selection of
Solid Waste Collection Services Provider be moved up on the Regular Agenda as Item
9.A.
With regard to Item 9.C., Mr. Carney stated there have members of the
public that have expressed an interest and made comment and wondere d if the sense of
the Commission with respect to public comment is being made on this item. Mr. Frankel
stated he has heard public comments on this for the last six mont hs and he is satisfied that
it has been offered and there has been ample opportunity for that. Mr. Jacquet stated if
anyone wants to speak on this item they deserve the opportunity to speak and he is in
favor of public comment. Mrs. Gray stated she has read email s, met with people, and
would like to move forward. Mr. Carney stated he is in favor of Ite m 9.C. Mayor
McDuffie stated he has read the email and forum and listened to comments since the
beginning of the year and he does not support public comment tonight.
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It was the consensus of the Commission to not have public comment for
the Regular Agenda regarding Item 9.C., Direction Regarding Selection of Solid
Waste Collection Services Provider with a 3 to 2 vote (Commissioner Gray,
Commissioner Frankel, and Mayor McDuffie do not support any more pu blic comment
on Item 9.C.).
Mr. Frankel requested to move Item 9.C., Direction Regarding Selection
of Solid Waste Collection Services Provider up on the Regular Agenda to Item 9.A.
Mr. Carney requested that Item 8.I, Special Event Request/13 th Annual
Downtown Delray Beach Thanksgiving Weekend Art Festival, of the Consent Agenda
be moved to the Regular Agenda as Item 9.A.A., Item 8.J., Special Event Request/18 th
Annual Downtown Delray Beach Craft Festival of the Consent Agenda be moved to
the Regular Agenda as Item 9.A.A.A., and Item 8.K., Special Event Request/26 th
Annual Turkey Trot of the Consent Agenda be moved to the Regular Agenda as Item
9.A.A.A.A. and Item 8.L., Special Event Request/On the Avenue of the Consent
Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Jacqu et – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes. Said
motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Carney moved to approve the Minutes of the Regular Meeting of
August 3, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney –
Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Recognizing and Commending Eula Mae Johnson
Mayor McDuffie read and presented a proclamation hereby rec ognizing
and congratulating Eula Mae Johnson on a very Happy 103 rd Birthday. Eula Mae
Johnson came forward to accept the proclamation and gave a few brief comment s.
6.B. Recognizing and Commending Sergeant Brady Myers
Mayor McDuffie read and presented a proclamation hereby rec ognizing
Sergeant Brady Myers and applauding his outstanding and exemplary dedication,
multitudinous contributions and service to the City of Delray Beach and its residents.
Sergeant Brady came forward to accept the proclamation and gave a few brief comments.
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6.C. Fire Fighter Appreciation Month – August 2012
Mayor McDuffie read and presented a proclamation hereby procl aiming
the month of August 2012 as Fire Fighter Appreciation Month in Delray Beach, Florida.
Jim Tabeek and Chief Connor came forward to accept the proclamat ion and gave a few
brief comments.
6.D. Hunger Action Month – September 2012
Mayor McDuffie stated the proclamation will be mailed.
6.E. Recognizing and Commending the Delray Blazers Travel Basketball
Team
Mayor McDuffie read and presented a proclamation hereby rec ognizing
and commending the Delray Beach Lady Blazers Team for thei r representation of the
City of Delray Beach Parks and Recreation. Linda Karch, Direct or of Parks and
Recreation, came forward to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF A SIDEWALK DEFERRAL AND SIDEWALK
EASEMENT AGREEMENT/1005 ISLAND DRIVE: Approve acceptance of a
sidewalk easement and sidewalk deferral agreement to allow future c onstruction of a
sidewalk, for a proposed new two-story single family residenc e along the right-of-way
within the cul-de-sac adjacent to the property located at 1005 I sland Drive within the
North Beach Overlay District.
8.B. RESOLUTION NO. 39-12/BEACH RENOURISHMENT
PROJECT: Approve Resolution No. 39-12 in support of the City of Delray Beach
Renourishment Project and its ongoing funding commitment to provide for the
local match.
The caption of Resolution No. 39-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA PROVIDING
ITS SUPPORT FOR THE CITY OF DELRAY BEACH
RENOURISHMENT PROJECT AND ITS ONGOING
FUNDING COMMITMENT TO PROVIDE FOR THE
LOCAL MATCH.
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08/21/12
(The official copy of Resolution No. 39-12 is on file in the City Clerk’s
office.)
8.C. HOUSING REHABILITATION GRANT/CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Community
Development Block Grant (CDBG) to the lowest responsive bidder, Built Solid
Construction, LLC, for 622 S.W. 4th Avenue in the amount of $21,088.46. Funding is
available from 118-1963-554-49.19 (Neighborhood Services: Other Current
Charges/Housing Rehabilitation).
8.D. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT/
COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve the First
Amendment to the Interlocal Agreement with the Community Redevel opment Agency
(CRA) to purchase trolley style vehicles for the free shutt le transportation service from
Tri-Rail through the downtown to the beach.
8.E. EXTENSION OF A MAINTENANCE AND SUPPORT
AGREEMENT WITH MOTOROLA, INC.: Approve an extension to the
Maintenance and Support Agreement between the City and Motorola, Inc . in the amount
of $118,470.12 for maintenance and support for all of dispatch with the except ion of the
law enforcement officers’ portable radios. Funding is available from 001-2111-521-46.20
(General Fund: Repair & Maintenance Services/Equipment Maintenance).
8.F. EXTENSION OF THE INSURANCE AGENT/BROKER SERVICE
AGREEMENT/THE PLASTRIDGE AGENCY, INC.: Approve an extension of the
Insurance Agent/Broker Service Agreement with The Plastridge A gency, Inc. at a cost
not to exceed $125,000.00 for an additional one year period beginning 10/1/12. Funding
is available from 551-1575-591-45.11(Insurance Fund/Insurance/General Liabil ity
Premiums), 551-1575-591-45.31 (Insurance Fund/Insurance/Package Policy Premium ),
and 551-1575-591-4532 (Insurance Fund/Insurance/Package Policy Premiums, Exces s
Workers' Comp Premium).
8.G. RESOLUTION NO. 42-12: Approve Resolution No. 42-12 assessing
costs for abatement action required to remove nuisances on three (3) properties
throughout the City of Delray Beach.
The caption of Resolution No. 42-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
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08/21/12
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 42-12 is on file in the City Clerk’s
office.)
8.H. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of Ms.
Diane Franco regular representative, Downtown Development Authorit y; Ms. Margie
Walden as the regular representative and Mr. Peter Perri as the alternate representative,
West Atlantic Redevelopment Coalition; Veronica Covington as the alternate
representative, Community Redevelopment Agency; Connor Lynch as t he alternate
representative, Planning & Zoning Board; and William Morse as the regular
representative, Chamber of Commerce for two (2) year terms ending July 3 1, 2014.
8.I. THIS ITEM HAS BEEN MOVED TO ITEM 9.A.A. OF THE
REGULAR AGENDA.
8.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
8.K. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.
8.L. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.A.
8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Bo ards
for the period August 6, 2012 through August 17, 2012.
8.N. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Layne Inliner, LLC in the amount of $72,115.00
for rehabilitation of sanitary sewer main segments as par t of the
annual Sanitary Sewer Main Rehabilitation program. Funding is
available from 442-5178-536-63.51 (W & S Renewal &
Replacement Fund: Improvements Other/Sewer Mains).
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2. Contract award to Line Tec in an amount not to exceed $30,000.00
for replacing damaged and broken water meters located in various
areas throughout the City of Delray Beach. Funding is available
from 441-5112-536-34.90 (Water and Sewer Fund: Other
Contractual Services).
3. Purchase award to AG-Tronix in the amount of $16,405.48 for
three (3) Irrinet M 24 Stations for the Gateway Feature Proje ct to
be installed on West Atlantic Avenue. Funding is available from
334-3162-541-68.09 (General Construction Fund: Other
Improvement/Atlantic Avenue Gateway Feature).
4. Purchase award to Software House International in the amount of
$147,950.98 for 175 additional software licenses. Funding is
available from 001-1811-513-46.90 (General Fund: Repair &
Maintenance Services/Other Repair/Maintenance Costs).
Mr. Carney moved to approve the Consent Agenda as amended, seconded
by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes;
Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; M r. Frankel – Yes.
Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. DIRECTION REGARDING SELECTION OF SOLID WASTE
COLLECTION SERVICES PROVIDER: Provide direction to staff regarding
selection of a Solid Waste Collection Services provider for the City.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex par te
communications.
Al Berg, Assistant Director of Community Improvement, introduced
Butch Carter with Waste Management.
Butch Carter, Waste Management, gave a brief PowerPoint presentation
and an overview of the proposal for the City of Delray Beach t o consider renewing the
franchise agreement extended with the City. Mr. Carter stated this start ed with a proposal
from Waste Management to provide solar powered compactors to the City in ret urn for an
extension on the franchise agreement. Mr. Carter stated Wast e Management began this
process in January as an agenda item and it has been as transpa rent as it possibly can get.
Mr. Carter urged the City Commission to support the extension to the Waste
Management franchise agreement.
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08/21/12
Mr. Berg stated the City of Delray Beach has use of the Cl am Truck that
no other city in Palm Beach County has and that has been very inst rumental in keeping
this city clean.
The City Attorney stated he requested unlimited indemnification wi th
Waste Management and they agreed to $1 million.
Mr. Frankel stated he has spent many times speaking to Was te
Management, Republic, SWS as vendors and potential competitors, and many residents
about this issue. He stated he likes the discussions that have bee n going on in this open
City Hall. Mr. Frankel stated he has reviewed the Inspector General (IG) Report issued
March 1, 2012 and it goes into detail about Waste Management’s propos al. Mr. Frankel
stated Waste Management gives the City some of the lowest prices in the County, there
are numerous benefits to the City if we renew it, they have a great com munity partnership
with the City and many of its partners and even out of those who h ave stated this should
go out to bid no one complains about their service. Mr. Frankel stat ed his position is to
keep it with Waste Management.
Mrs. Gray stated Waste Management has been a great part ner to the City
of Delray Beach. She stated no one has actually showed her where w e are paying higher
prices and no one has showed her where we have poor service. Mrs. Gray stated if the
City were to send it out to bid she is not sure whether they will come back with a lower
bid or not. Mrs. Gray stated Waste Management has been an exc ellent partner and asked
for the value of the Clam Truck to be included in this as well. She supports extending the
Waste Management contract and stated that would be the best de cision for the City of
Delray Beach.
Mr. Jacquet stated Waste Management has been a great partne r with the
City of Delray Beach and believes they have been providing quali ty service around
Delray Beach. He stated as a business owner, he is a firm believer in competition. Mr.
Jacquet stated he does not believe going out to bid is for the sa ke of going out to bid but
feels they are saying go to bid to see what happens. He s tated putting this out to bid
would allow the City to have more options and see what is out there and see if there is a
substantial savings or not. Mr. Jacquet stated although it is not guaranteed but it is
possible that the City can get a better rate and this is why he would l ike to see it go to bid.
Mr. Jacquet stated he is disappointed that the public was not allowed to speak.
Mr. Carney stated Waste Management is a great company a nd the level of
service that they provide for the City of Delray Beach is ex cellent. He stated he called
Code Enforcement and others to find out whether or not many complaints were made.
Mr. Carney stated there were not a lot of complaints and those complaints tha t were made
were handled very expeditiously. He stated Waste Management’s corporate citizenship
has been exemplary. Mr. Carney supports going out for bid.
Mayor McDuffie stated it is extremely different sitt ing in the audience vs.
sitting on the dais and this has caused him concern. Mayor McDuffie stated he visited
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both with Republic and SWS to see what they have. Mayor McDuffi e stated he supports
extending the contract with Waste Management.
Mr. Jacquet stated this is business and not personal for him. Mr. Jacquet
stated he has friends on both sides of the issue but this has nothing to do with their
personal relationship but it is purely business and for the best interes t of Delray Beach.
The City Attorney stated the agenda item is direction regardi ng the
selection and if the Commission wishes to make this in the form of a motion they can do
so or go by consensus. The City Attorney suggested at the next Co mmission meeting to
bring the amendment before the Commission so that staff can chan ge a couple of dates
that are in the backup.
Mrs. Gray moved to approve to renew the franchise agreement wi th Waste
Management, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Said motion passed with a 3 to 2 vote, Commissioner Carney and Commis sioner Jacquet
dissenting.
At this point, the time being 7:21 p.m., the Commission moved to Item
10, the duly advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the F Y 2013 Proposed Budget
at this time.
Mayor McDuffie stated if anyone from the public would like to speak
regarding the fiscal year 2013 proposed budget, to come forward at this time.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483,
speaking on behalf of the Financial Review Board (FRB), brief ly reviewed the FRB’s
recommendations for bridging the funding gap currently being discuss ed for next year’s
budget.
Susan Bedard, 1297C High Point Way S.E., Delray Beach, FL 33445
(High Point Section 6), stated in 2002 the City of Delray Beach purchased a very
expensive tract of land at Congress Avenue and Lake Ida Road f or the specification of
having a senior center. Also, Ms. Bedard stated at that time the City float ed bonds for the
senior center. She stated the only thing that has gone up in that ar ea is a jungle gym that
has no shade area. Ms. Bedard inquired about the demographics on it t o put a park at this
particular area because it is not utilized. She suggested tha t the City sell that piece of
land and getting property tax for it since it has been vacant s ince 2002 and remove the
playground area where it would be a lot safer. Ms. Bedard asked the Commission to
become transparent about what happened to the 2002 bond money that the City floate d.
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Mike Malone, President of the Chamber of Commerce, 64-A S.E. 5 th
Avenue, Delray Beach, FL 33483, made reference to a letter that he recently had
delivered to the Commission and noted that that they are concerned a bout the income for
the businesses in the community. Mr. Malone stated the Chamber of Commerce has
recommended the two areas that they hope the City does not reduce funding on is the 4 th
of July celebration and the First Night Holiday Tree. He stat ed both of these events
attract thousands of people to the community who spend their money. Mr. Malone stated
our economics is based on tourism and we need people to continue to visi t Delray Beach
and invest their money with us.
10.B. ORDINANCE NO. 19-12: Consider a Future Land Use Map amendment
from MD (Medium Density Residential 5-12 du/ac) to CC (Commercia l Core) and
rezoning from RM (Medium Density Residential) to CBD (Centra l Business District) for
a vacant parcel located on the east side of S.W. 10th Avenue approxima tely 391 feet
south of West Atlantic Avenue at 35 S.W. 10th Avenue. (Quasi-Judicial Hearing)
The caption of Ordinance No. 19-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL-SCALE FUTURE LAND USE
MAP AMENDMENT FROM MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC) TO CC (COMMERCIAL
CORE), PURSUANT TO THE PROVISIONS OF THE
“COMMUNITY PLANNING ACT”, FLORIDA
STATUTES SECTION 163.3187, FOR LAND LOCATED
ON THE EAST SIDE OF SW 10TH AVENUE, 391 FEET
SOUTH OF WEST ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, AND
REZONING AND PLACING SAID LAND PRESENTLY
ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, JANUARY 2012"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 19-12 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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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Mayor McDuffie asked the Commission to disclose their ex par te
communications. Mr. Frankel stated he met with Vin Nolan, Diane Colonna , Gregg
Weiss, spoke to Ron Galinsky, Dr. Kirson, Officer Rachel VanNe ss, emailed Officer
Chuck Jeroloman, received an email from the developer, and spoke to Mike Malone.
Mrs. Gray stated she spoke to Reggie Cox, Herman Stevens, Cath y Balestriere, Jeff
Costello, Vin Nolan, Diane Colona, other CRA Board members, and attended an
economic development meeting hosted by the Chamber. Mayor McDuff ie stated he
spoke to Diane Colonna, Jeff Costello, Vin Nolan, the developers, r eceived a letter from
Reggie Cox, Mike Malone, and Gregg Weiss. Mr. Carney stated he s poke with Reggie
Cox, Chuck Ridley, spoke to a few people in the neighborhood, and spoke to some of the
members of the CRA. Mr. Jacquet stated he spoke to Vin Nolan, Jef f Costello, Jim
(developer), representatives of the West Atlantic Avenue Coalit ion (WARC), Reverend
Barr, Zack Straghn, a few other residents that live around that are a, and community
stakeholders.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department file #2012-138 and #2012-137 into the record.
Mr. Dorling stated this is a second reading on a privately-initi ated Future
Land Use Map change from Medium Density (MD) to CC (Commerci al Core), and a
rezoning from RM (Multiple Family Residential) to CBD (Centr al Business District) for
a 0.157 acre property located approximately 391 feet south of We st Atlantic Avenue.
Mr. Dorling stated the requested land use change is from MD to C C and zoning from RM
to CBD. He stated the site is currently vacant. Mr. Dorling stated this was considered by
the Planning and Zoning Board and the item did not receive a second to the m otion on
July 17, 2012. The City Commission reconsidered the entire item on August 7, 2012 and
agreed to hear it at second reading at this meeting of August 21, 2012. Mr. Dorling s tated
the site is currently owned by the CRA and they also own all of the lots north of that to
Atlantic Avenue. He stated there are plans in an agreement w ith Prime Delray Hotel,
LLC, to develop a hotel at the corner of West Atlantic Avenue between S.W . 10 th Avenue
and S.W. 9 th Avenue on approximately a 2.30 acres site. Mr. Dorling stated this would
be a small portion of that at the southern end and that would allow t he property to be
utilized as a parking area in association with the future hotel.
Mr. Dorling stated the rezoning of this property is the fir st step in this
process. He stated the hotel use is allowed only as a conditional use and requires
recommendation by the Planning and Zoning Board and approval by the C ity
Commission if it is to go forward and followed up with a site pla n. Mr. Dorling stated
the review process would include all fractions of the City incl uding the Police
Department and going through a full CPTED (Crime Prevention Throu gh Environmental
Design) review and would be incorporated in any subsequent devel opment. Staff
recommends approval.
Larry Abbo (CEO), Prime Investor’s and Developers, Prime Delr ay
Hotel, LLC, stated the overall project is a hotel up to 128 rooms and that was respondent
to the RFP that was brought about by the CRA. Mr. Abbo stated t his process has been
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ongoing now close to three years. He stated the designs have been presented through the
process and they have now executed full documentation with the CRA and are pleased to
present this to the Commission for approval. Mr. Abbo stated the hot el is proposed as a
4-story hotel in conformance with the current LDRs; they are prop osing up to 128 rooms,
a resort style swimming pool, meeting rooms that would help serve the communi ty needs.
He stated this hotel can bring approximately 32 new jobs. Mr. Abbo displayed a couple
of options that they would bring about so it would need to be a Marr iott, Hilton, and
Choice Hotels with a focus towards Marriott and Hilton. Mr. Abbo br iefly spoke about
the security features. He stated some of the features speci fic to the parking area which
has been mentioned as a point of concern. Mr. Abbo stated it is cont emplated that they
would have fencing and decorative peers in the perimeter of the parking area which
covers the application site; they would have a secured entry control device for guest
access only after hours or in the evening hours and if a guest were to come that is not a
checked-in guest, they would have a telephone that they could call i n from vestibule to
the front desk to allow for monitored access. Mr. Abbo stated this hot el will employ 32
people; some part-time some full-time. He stated other vis itor spending based on the
U.S. Department of Commerce calculations and the Palm Beach Tour ist Development
Council is approximately $3.5 million; additional income would be gene rated by our
neighboring businesses such as restaurants and other service provi ders of the city; bed tax
of approximately $147,000 and sales tax of $389,000 for a total of a $7 mill ion impact.
Mr. Abbo stated indirect impacts are other jobs created by t he restaurants and retails that
would feel this $3 million income and based on the resources quoted would bring about
28 additional jobs and those jobs would generate additional revenue of $5.6 million for a
total impact of 60 jobs and $12.5 million. Mr. Abbo stated Work for Sout h Florida is one
of their key partners in hiring local.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time.
Diane Colonna, Executive Director of the Delray Beach Communit y
Redevelopment Agency (CRA), thanked the Commission for allowing them to
reconsider this petition, stated although there is discussion about the hotel the actual
petition in front of the Commission is for the rezoning. Ms. Colonna st ated the Central
Business District (CBD) is between 300-350 feet deep. She st ated the type of building
that is allowed in the West Atlantic Overlay District which applies to the CBD the
buildings can go about 150 feet deep from Atlantic Avenue and beyond tha t has to be
parking. Ms. Colonna stated she believes that the Commission ca n make a finding that it
is appropriate to rezone this property and it is consistent with the zoning pattern that is in
the area. She stated the City and the CRA have been working for m any years on plans
for West Atlantic Avenue. Ms. Colonna stated the CRA has been im plementing the West
Atlantic Avenue Redevelopment Plan, the Downtown Master Plan, and wa s plans that
involved a lot of community input and meetings. Ms. Colonna stated this hotel is a good
use and they have discussed a moderately priced hotel off Atlanti c Avenue for many
years. She stated this proposal represents the first subs tantial private investment since
Atlantic Grove was finished in 2003/2004. Ms. Colonna stated it is an o pportunity for
the City and the CRA to get some return and for the community to ha ve a new
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development and a nice entryway to their neighborhood that is modera tely priced. It will
be attractive, and could be well used. Ms. Colonna urged the Commiss ion to support this
rezoning and allow the CRA to continue to move forward with attrac ting new
development on Atlantic Avenue.
Steve Blum, Antilles Homeowners’ Association, 115 Venetian Dri ve
Unit “C”, Delray Beach, FL 33483, stated he feels the hotel would be a wonderful
addition in this area. Mr. Blum stated he is glad the gentleman c ame back because he
heard the Commissioners last time had some concerns about being a magnet for crime in
the area and he came back and proved that is just not the case.
Vin Nolan, Economic Development Director/CRA, stated in Economic
Development there are three key points: (1) jobs, (2) tax ba se growth, and (3) wealth
retention and this project in this location has elements of all t hree. Mr. Nolan stated
when people come to town on business they are not opting for the hig her end hotels
because it is too expensive. Mr. Nolan stated the City needs a quality business class
priced hotel to retain those dollars in the community and they tr avel in and as guests
come in to visit. He encouraged the Commission to support this.
Susan Bedard, 1297-C Highpoint Way S.E., Delray Beach, FL 33445
(High Point Section 6), inquired if these people have their own construction companies
that come with them and if they do she would like to make sure that m inority contractors
are used on this project to the best of our ability.
Mike Malone, President of the Chamber of Commerce, 64-A S.E. 5 th
Avenue, Delray Beach, FL 33483, stated what has been important to business in the
community is: (1) jobs (32), (2) the developer has committed to hire locally, (3)
investment into the community along the Avenue. Mr. Malone stated the proposed hotel
is five blocks away from the interstate and it is a good invest ment opportunity for the
City to recoup some tax dollars.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483,
stated the Commission is not setting a precedent by approving t his zoning change. Ms.
Morrison stated this is a perfect private/public partnership be tween the CRA and the hotel
developer. Ms. Morrison supports this project.
Rosetta Rolle, 301 N.W. 3 rd Avenue, Delray Beach, FL 33444, asked
what the lowest annual salary and highest annual salary will be of the peop le being hired.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 19-12, the public hearing was closed.
Mr. Dorling had no rebuttal.
Mr. Abbo stated it would range on the experience and position type but the
salaries would range from minimum range to fixed salaries up to $60,000 plus pe r year.
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Mr. Jacquet asked if minority contractors would be used. Mr. Abbo s tated
minority contractors would be used and they have discussed with the CRA about having
some non-required activities but that are beneficial for the comm unity and the project and
advertising the petitioning of proposals and bids for the constructi on process on site to try
and work in partnering with the CRA towards bringing additional local contractors to
participate in the construction process.
Mrs. Gray inquired about the 32 jobs and the salaries. Mrs. Gra y asked
who would maintain these jobs and is there any type of auditing pr ocess. Mr. Abbo
clarified that even though the $1 per year is the primary non-revenue producing period of
a hotel and stated that they do expect to pay real estate ta xes during that period. He
clarified that it would not wait until the 5 th year. He stated how they monitor it is they
participated with local and state governments with such grants l ike the CDBG grants.
Mr. Abbo stated they are happy to report any consistent government al method that they
can prove that they are self-monitoring on an annual basis or a bi -annual basis they can
offer proof of compliance. Mr. Abbo stated this property would hav e local staff made up
of management (5 positions would be of the highest pay grade and the o thers would be
hourly of varying compensation amounts depending on experience and the position that
they fill.
Mrs. Gray asked if this was included in the RFP and most of the pr operties
were included but when they actually made their proposal was that including that. Mr.
Nolan stated the CRA overtime has put out different RFP’s on thi s property and other
properties and they have always been offered with the full knowl edge of the developer
that it is incumbent upon them at the point of application to go through the rezoning
process.
Mrs. Gray stated the parking lot is also included in the RFP tha t was sent
out along with making sure that they had the proper financing i n place and understands
that the CRA is giving a $1.5 million loan. Mrs. Gray expressed concern over the
additional public parking being constructed closer to S.W. 1 st . Mrs. Gray stated when she
read the RFP their proposal asked for the CRA to reimburse them for the parking lot. Mr.
Nolan stated there was a point in time during the initial phases of the prop osal and subject
to negotiation that was modified and the CRA is not providing parking t o them at this
point in time. Furthermore, Mr. Nolan stated the CRA is providing as part of the CRA
work plan for improvements in the neighborhood.
Ms. Colonna stated where they are putting the parking lot now (whic h is
across from the Palm Manor apartment complex) those lots were made available as part
of the RFP and if someone wanted to utilize them. She stated when t he CRA got the
proposal in and finalized the contract and it did not include these lots, the CRA went
ahead with their own project to design a parking lot and build a p arking lot for Palm
Manor. Ms. Colonna stated it will also be available to be sha red by the church so it will
be public parking for those uses. Mrs. Gray clarified that it would not be restricted for
hotel use.
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Mr. Nolan stated he will be doing the tracking. Mr. Nolan state d the CRA
built into the Development Infrastructure Assistant Agreem ent, which is the TIF revenue
incentives they will be getting, for public infrastructure imp rovements surrounding this
hotel.
Mrs. Gray asked if the people in her community are okay wit h the
rezoning because the CRA noted that there was an issue with moving the 150 foot lot and
she brought it up to staff to bring that forward to the Commission becaus e she knows how
difficult it is to get some type of redevelopment there. M r. Nolan referenced a letter from
WARC who has met with community groups in the neighborhoods indicati ng that they
are in support of this.
Ms. Colonna stated this will be one of the issues discussed at the WARC
Workshop meeting September 8, 2012 to talk about the development of t he area and
whether or not the plans that have been adopted are still relevant.
Mayor McDuffie stated from ad valorem tax standpoint the Pr operty
Appraiser’s office is going to look at the following three approa ches to value: (1) cost,
(2) income, and (3) market. He stated they are going to look at those three approaches to
value and which are the most appropriate of those approaches and t hat will be the value
that is placed on the hotel.
Mrs. Gray inquired if the applicant has his flag. Mr. Abbo stated they
have since the beginning contemplated the use of a Marriott brand on this hotel and they
have been in front of a committee and to get to the next level of ap proval they have to
prove that this is an approved site. Mr. Abbo stated there are a couple of things that they
have to prove to them to get a franchise agreement and it has to be site controlled and
approvable. Mr. Abbo stated they are trying to show them how they are making progress
toward an approvable site that they can then assess and final design. He stated so far the
conditions that they have with the CRA require a Marriott or Hilton flag.
Mrs. Gray stated originally she was not in support of this pro ject.
However, Mrs. Gray stated the RFP which made her very happy bec ause her concern was
that there would be a hotel with nothing else built around it. Mrs. G ray asked when they
will be sending out another RFP so that this project will not be there alone. Mr. Nolan
stated towards the end of this year would be the next time the CRA would issue a new
RFP.
Mr. Abbo stated a hotel allows for people to come and experien ce the city
at a price point that is necessary to succeed. He state d being able to stay in the city that
you are asking them to invest in is a very important contributing factor. Mr. Abbo stated
they are going to bridge the gap that exists to new constructi on, new development, new
fresh current activities that are occurring a bit further e ast and they want to participate in
bringing it to the community further west and closer to I-95. Mr . Abbo stated one of the
City’s top goals of 2006 is expanding the downtown from A-1-A to I-95.
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Mr. Jacquet stated there are not many places to stay in Del ray and we need
something closer to I-95. He stated people come to Delray Beach to spend money here
and leave but leave all the benefits for us and feels this is a great opportunity to capture
that specifically to the western community there is no place for people to stay except for
neighboring cities. Mr. Jacquet stated this gateway project is going to be beautiful for
Delray Beach when people get off I-95 he feels development has more than begun. Mr.
Jacquet stated the hotel will be another thing to be proud of and tha t will help stimulate
and push more development on West Atlantic Avenue. He stated his personal preference
would be to not have a hotel first; he would prefer to have seen a food market, grocery
store, or medical office first but he understands what this project can do for that area. Mr.
Jacquet stated everyone has agreed on this issue including the Chambe r of Commerce,
the CRA, WARC, Christina Morrison, Chair of FRB (although the comment s were in her
position as Chair of the FRB), and a letter from the Delray Beach Police Department
states that they think they can handle whatever issues we may have . Mr. Jacquet stated a
vote against this is a vote against the best interest of the community and a vote against the
best interest of Delray Beach.
Mr. Carney stated the developer has assured that there will be minority
businesses involved in this process and community involvement in this p rocess. He
stated this was the rezoning of a small piece of land to i nvite an entire project in to be put
forward.
Mr. Frankel thanked everyone for their presentations. Mr. Frankel stated
Commissioner Jacquet asked for a reason against his position. Mr. Fr ankel stated the
Delray Beach Police Department has a document called “hotel r esearch” that looked at
various hotels from January-June 2012 with their crimes and calls of s ervice. Mr.
Frankel stated the Days Inn in West Palm Beach had 62 total doc umented calls for
service where they had rape, robbery, prostitution, vehicle impound ment, stolen vehicles,
suspicious vehicles, and suicides. Mr. Frankel stated that is not to say that all of the
hotels are like that. He stated he was very vocal about his conce rn for having any 24-
hour business hotel or otherwise right off of I-95. Mr. Frankel stat ed he understands the
Police Department’s official position but he has also spoken to ot her officers (some
retired and some not) about his concerns about any hotel or 24-hour busine ss right off I-
95. Mr. Frankel stated the developer put forth a presentation t hat the City did not have a
month ago and he believes that this is a good first step. Mr. Fr ankel stated it is important
that should this go forward that every safety precaution needs to be put in place not only
in the parking lot as well as inside the hotel. Mr. Frankel sta ted he is okay with this
tonight but going forward he needs to be assured that these sec urity measures are in
place; that a thorough CPTED report is done.
Mayor McDuffie stated he feels that we have all heard t he reasons there
was no second to the motion the last time the Commission had this mee ting. Mayor
McDuffie stated although he has some concerns about security like Commissioner
Frankel he supports this this evening.
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Mr. Frankel moved to approve adopt Ordinance No. 19-12 on Second and
FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commis sion voted as
follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel –
Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:42 p.m., Mr. Frankel left the meeting.
10.C. ORDINANCE NO. 01-12: Consider city-initiated amendments to the
Land Development Regulations (LDR) regarding the duties, powers, and responsibilities
of the Historic Preservation Board (HPB); procedures for obta ining a variance from the
HPB; provision of required HPB review for properties listed on t he Local Register of
Historic Places within applicable zoning districts; clarifi cation of procedures for historic
designation; clarification of development standards for properti es listed on the Local
Register of Historic Places; creation of “Local Register of Historic Places”; clarification
of procedures for tax exemptions for historic properties; cla rification of criteria for
changes of historic designation and/or classification.
The caption of Ordinance No. 01-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ARTICLE 2.2, “ESTABLISHMENT OF
BOARDS HAVING RESPONSIBILITIES FOR LAND
DEVELOPMENT REGULATIONS”, SECTION 2.2.6,
“THE HISTORIC PRESERVATION BOARD”,
SUBSECTIONS (A), “CREATION”, (B),
“COMPOSITION AND SPECIAL QUALIFICATION”,
AND (D), “DUTIES, POWERS, AND
RESPONSIBILITIES”, TO CLARIFY AND AMEND
HISTORIC PRESERVATION BOARD DUTIES,
POWERS AND RESPONSIBILITIES; AMENDING
ARTICLE 2.4, “GENERAL PROCEDURES”, SECTION
2.4.7, “PROCEDURES FOR OBTAINING RELIEF
FROM COMPLIANCE WITH PORTIONS OF THE
LAND DEVELOPMENT REGULATIONS”,
SUBSECTION (A), “VARIANCES”, TO CLARIFY THE
REVIEW OF VARIANCES BY THE HISTORIC
PRESERVATION BOARD; AMENDING ARTICLE 4.4,
“BASE ZONING DISTRICT”, SECTION 4.4.3, “SINGLE
FAMILY RESIDENTIAL (R-1) DISTRICT”,
SUBSECTIONS (E), “REVIEW AND APPROVAL
PROCESS”, (F), “DEVELOPMENT STANDARDS”,
AND (G), “SUPPLEMENTAL DISTRICT
REGULATIONS”; SECTION 4.4.5, “LOW DENSITY
RESIDENTIAL (RL) DISTRICT”, SUBSECTIONS (E),
“REVIEW AND APPROVAL PROCESS”, (F),
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“DEVELOPMENT STANDARDS”, AND (G),
“SUPPLEMENTAL DISTRICT REGULATIONS”;
SECTION 4.4.6, “MEDIUM DENSITY RESIDENTIAL
(RM) DISTRICT”, SUBSECTIONS (E), “REVIEW AND
APPROVAL PROCESS”, (F), “DEVELOPMENT
STANDARDS”, AND (G), “SUPPLEMENTAL
DISTRICT REGULATIONS”; SECTION 4.4.13,
“CENTRAL BUSINESS (CBD) DISTRICT”,
SUBSECTIONS (E), “REVIEW AND APPROVAL
PROCESS”, (F), “DEVELOPMENT STANDARDS”,
AND (G), “SUPPLEMENTAL DISTRICT
REGULATIONS”; SECTION 4.4.17, “RESIDENTIAL
OFFICE (RO) DISTRICT”, SUBSECTIONS (E),
“REVIEW AND APPROVAL PROCESS”, (F),
“DEVELOPMENT STANDARDS”, AND (G),
“SUPPLEMENTAL DISTRICT REGULATIONS”;
SECTION 4.4.21, “COMMUNITY FACILITIES (CF)
DISTRICT”, SUBSECTIONS (E), “REVIEW AND
APPROVAL PROCESS”, (F), “DEVELOPMENT
STANDARDS”, AND (G), “SUPPLEMENTAL
DISTRICT REGULATIONS”; SECTION 4.4.24, “OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHAD)”, SUBSECTIONS (E), “REVIEW AND
APPROVAL PROCESS”, (F), “DEVELOPMENT
STANDARDS”, AND (G), “SUPPLEMENTAL
DISTRICT REGULATIONS” TO SPECIFY THAT ALL
PROPERTIES IN A HISTORIC DISTRICT OR
INDIVIDUALLY DESIGNATED HISTORIC
PROPERTIES ARE SUBJECT TO THE PROVISIONS
OF SECTION 4.5.1 AND REVIEW BY THE HISTORIC
PRESERVATION BOARD; AMENDING ARTICLE 4.5,
“OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS”, SECTION 4.5.1,
“HISTORIC PRESERVATION SITES AND
DISTRICTS”, SUBSECTIONS (B), “CRITERIA FOR
DESIGNATION OF HISTORIC SITES OR DISTRICTS”
AND (C), “DESIGNATION PROCEDURES”, TO
CLARIFY HISTORIC DESIGNATION PROCEDURES;
SUBSECTION (D), “REVIEW AND APPROVAL
PROCEDURES”, TO CLARIFY APPLICATION
PROCESS OF PROPERTIES SUBJECT TO HISTORIC
PRESERVATION BOARD REVIEW; AND
SUBSECTION (E), “DEVELOPMENT STANDARDS”,
TO CLARIFY EXISTING REQUIREMENTS FOR
FENCES, PARKING, GARAGES, RELIEF FROM
PARKING REQUIREMENTS, AND VISUAL
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COMPATIBILITY STANDARDS; BY REPEALING
SUBSECTIONS (I), HISTORIC PRESERVATION
BOARD TO ACT ON APPLICATIONS OTHER THAN
CERTIFICATES OF APPROPRIATENESS”; (J),
“HISTORIC PRESERVATION BOARD TO ACT ON
VARIANCE REQUESTS”, (K), “DESIGNATION OF
HISTORIC SITES”, (L), “DESIGNATION OF HISTORIC
DISTRICTS”; (M), “TAX EXEMPTION FOR HISTORIC
PROPERTIES”, (N), “CRITERIA FOR CHANGE OF
HISTORIC DESIGNATION AND/OR
CLASSIFICATION, AND (O), “PROCEDURE FOR
CHANGE OF HISTORIC DESIGNATION AND/OR
CLARIFICATION”, AND ENACTING NEW
SUBSECTIONS (I), “LOCAL REGISTER OF HISTORIC
PLACES”, TO COLLECTIVELY LIST ALL HISTORIC
DISTRICTS AND INDIVIDUALLY DESIGNATED
PROPERTIES; AND (J), “TAX EXEMPTION FOR
HISTORIC PROPERTIES”, TO CLARIFY THE
PROCESS FOR TAX EXEMPTIONS ON HISTORIC
PROPERTIES; AND AMENDING SUBSECTIONS (K),
“CRITERIA FOR CHANGE OF HISTORIC
DESIGNATION AND/OR CLASSIFICATION”, AND,
(L), “PROCEDURES FOR CHANGE OF HISTORIC
DESIGNATION AND/OR CLASSIFICATION”, TO
CLARIFY EXISTING REGULATIONS AND
REQUIREMENTS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 01-12 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, AICP, Director of Planning and Zoning, stated this is a city-
initiated text amendment pertaining to historic preservation ma tters regarding board
responsibilities and clarification of review criteria. Mr. Dorling stated it is a clarification
and reorganization of additional of existing language which is in the Code. He stated the
summary is identified under the background section in the memorandum a nd identifies
those sections which are being reorganized and re-clarified.
At its meeting of May 16, 2012, the Historic Preservation Board (H PB)
considered these amendments and recommended approval; at its meeti ng of May 21,
2012, the Planning and Zoning Board considered the amendments and the Board had
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three minor revisions which related to first floor maximum height issues, garage door
styles and discussion as it related to laypersons being able to fill seats reserved for
professionals if those professionals were not available. Mr. Dor ling stated all three of
those changes discussed by the Planning and Zoning Board have been incorpor ated in the
ordinance and staff recommends approval.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 01-12,
the public hearing was closed.
Mrs. Gray moved to adopt Ordinance No. 01-12 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr.
Carney – Yes; Mr. Jacquet – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said mot ion
passed with a 4 to 0 vote.
10.D. ORDINANCE NO. 24-12: Consider approval of a historic designation
and individual listing on the Local Register of Historic Places for property located at 290
S.E. 6th Avenue.
The caption of Ordinance No. 24-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
DESIGNATING ADAMS AUTO DEALERSHIP,
LOCATED AT 290 SE 6 TH AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, AS A LOCAL
HISTORIC SITE; PROVIDING FOR THE
AMENDMENT THE “ZONING MAP OF DELRAY
BEACH, FLORIDA, JANUARY 2012” PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-12 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.
Mr. Carney disclosed that he did represent the purchaser of this property
and stated he has no interest in this phase of the transaction.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is
approval to individually designate a property located at 290 S.E. 6 th Avenue originally
known as the Adams Auto Dealership and to list it in the Local Reg ister of Historic
Places. Mr. Dorling stated the property contains a Mid-Century Modern style building
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designed by Sam Ogren, Sr. in 1949 and built in 1950 as an auto showroom, ga rage, and
most recently auto repair and retail establishment. He stat ed it has been vacant for
several years and the new owner is seeking designation and will ada ptively reuse the
building into office and retail space to be known as the 21 Drops building. Mr. Dorling
stated this recently went through approval and this is the proposed elevations. He stated
to meet and qualify as a historic site it needs to meet cert ain LDR criteria and this fulfills
criteria under LDR Section 4.5.1(B)(2) and LDR Section 4.5.1.(B)(3). The designation
request was considered by the Historic Preservation Board (HPB) at their July 18, 2012
meeting at which time the Board recommended approval.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 24-12,
the public hearing was closed.
Mr. Carney moved to adopt Ordinance No. 24-12 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Jacquet – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said m otion
passed with a 4 to 0 vote.
10.E. ORDINANCE NO. 25-12: Consider an amendment to Chapter 53,
“Sanitary Sewers”, and the City’s Enforcement Response Pla n, to comply with the
Florida Administrative Code.
The caption of Ordinance No. 25-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 53, SANITARY SEWERS”, OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SECTIONS 53.004, “ABBREVIATIONS;
DEFINITIONS”; 53.051, “PROHIBITED DISCHARGES
TO SEWERS”; 53.052, “NATIONAL CATEGORICAL
PRETREATMENT STANDARDS”; 53.054,
“INTERCEPTORS”; 53.056, “ADMISSION OF
INDUSTRIAL AND COMMERCIAL WASTE”; 53.064,
“PREVENTION OF ACCIDENTAL DISCHARGES”;
53.067, “NOTIFICATION OF THE DISCHARGE OF
HAZARDOUS WASTES”; 53.068, “NOTICE OF
VIOLATIONS, REPEAT SAMPLING AND
REPORTING”; 53.080, “COMPLIANCE DATE
REPORT”; 53.081, “REPORTING REQUIREMENTS”;
53.082, “INSPECTION ND SAMPLING”; 53.084,
“ANALYTICAL REQUIREMENTS”; 53.085, “SAMPLE
COLLECTION”; 53.100, “PERMIT REQUIREMENTS”;
53.101, “PERMIT APPLICATION”; 53.102, “PERMIT
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ADMINISTRATION”; 53.130, “USER CHARGES;
WHOLESALE SEWER RATES; CALCULATION OF
SEWER SURCHARGES”; 53.132, “INDUSTRIAL COST
RECOVERY SYSTEM”; 53.142, “PUBLICATION OF
USERS IN SIGNIFICANT NONCOMPLIANCE”; 53.154,
“RETENTION OF RECORDS REQUIRED”; 53.999,
“PENALTIES”, IN ORDER TO UPDATE SAME IN
ACCORDANCE WITH NEW FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (“FDEP”)
REGULATIONS; PROVIDING A SAVING CLAUSE; A
GENERAL REPEALER CLAUSE; AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 25-12 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.
Richard Hasko, Director of Environmental Services, stated this is the
second reading for this ordinance revision and it is a required revi sion to the City’s
ordinance as a result of review for both us and Boynton Beach by F DEP (Florida
Department Environmental Protection) to bring our sewer ordinances into compliance
with their current requirements.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 25-12,
the public hearing was closed.
Mr. Jacquet asked with the language change is all its doing i s conforming.
Mr. Hasko stated it is a streamlining process of primarily the industrial pretreatment
portion of the City’s ordinance which Delray has to have in place a s does Boynton Beach
because of the permitting for the wastewater plant that we share. Mr. Hasko stated both
of those ordinances are reviewed annually and primarily look at the local limits for
contaminants but this particular year they had this overall st reamlining effort and actually
went through and reviewed the entire ordinance. Mr. Hasko stated the ma jority if not all
the changes are primarily administrative.
Mrs. Gray moved to adopt Ordinance No. 25-12 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows:
Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr . Jacquet – Yes. Said
motion passed with a 4 to 0 vote.
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10.F. RESOLUTION NO. 38-12/CONTRACT FOR SALE AND
PURCHASE/2707 S.W. 2ND STREET: Consider approval of Resolution No. 38-12, a
contract for sale and purchase, authorizing the City to sell the N eighborhood Stabilization
Program (NSP) property located at 2707 S.W. 2nd Street to Santia go Gutierrez for the
purchase price of $100,000.00 or appraised value and provide subsidy up t o $25,000
secured by promissory note and second mortgage.
The caption of Resolution No. 38-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO SELL REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 38-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the resolution. A public hearing
was held having been legally advertised in compliance with the l aws of the State of
Florida and the Charter of the City of Delray Beach, Florida.
Al Berg, Assistant Director of Community Improvement, stated t his is a
resolution for a Contract for Sale and Purchase of a property loc ated at 2707 S.W. 2 nd
Street through the City’s Neighborhood Stabilization Program (N SP). Staff recommends
approval.
Mayor McDuffie declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483,
stated she is glad to see more property on the tax roll.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mr. Carney moved to approve Resolution No. 38-12, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor McD uffie – Yes; Mr.
Carney – Yes; Mr. Jacquet – Yes; Mrs. Gray – Yes. Said moti on passed with a 4 to 0
vote.
At this point, the time being 8:58 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
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Public.
11.A. City Manager’s response to prior public comments and inquiries.
The City Manager had no comments on prior public comments a nd
inquiries.
11.B. From the Public.
11.B.1. Gail Lee McDermott, 721 S.E. 3 rd Avenue, Delray Beach, FL 33483
(Osceola Park), stated the boundaries of Osceola Park are S.E. 2 nd Street to S.E. 10 th and
S.E. 2 nd Avenue to Federal Highway. Ms. McDermott stated S.E. 2 nd Avenue is
industrial, light industrial, retail, and Osceola Park is actually surrounded by business.
She stated the houses are individual families, a mixture of duplexe s, but around them
particularly on the FEC tracks it is commercial. Ms. McDer mott stated Sergeant
Weatherspoon of the Police Department asked if Osceola Park would consider a cleanup.
On July 21, 2012, the P.O.P. (Problem Oriented Policing), a number of r esidents, and
Jennifer Costello, went to that part of the neighborhood and parts of what they cleaned up
have been used as toilets. She stated they are going to continue to keep taking care of it
because this is an entryway into Osceola Park’s portion of the city and they care about it.
Ms. McDermott stated there is no charge to the City except for a large box of black trash
bags and gloves.
Mr. Carney stated they do great work in Osceola Park and asked when the
next Art in the Alley event is. Ms. McDermott stated they are looking at a cleanup in
October.
Mr. Jacquet thanked Ms. McDermott for being a great leader in Osceola
Park and the P.O.P. for organizing this.
Mrs. Gray thanked Ms. McDermott and all the volunteers in the
community for cleaning up the area. Mrs. Gray stated in one of the Strategic Planning
meetings there was discussion about how they can get a handle on the litter throughout
the city. She asked if there is anything the City can do such as tightening up the
ordinances or codes to help with this problem. The City Attorney stated this all comes
down to enforcement.
Mayor McDuffie suggested making notification on the City’s website.
The City Manager stated Code Enforcement can write the prop erty owners
and make them clean up the property; however, with regard to the people that are doing
the littering a police officer has to witness the individual throw ing the litter down. Mrs.
Gray stated she understands that we cannot identify people littering al l the time. The City
Manager stated the City Attorney can research other cities to see wha t they have.
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11.B.2. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, suggested that
the Commission consider moving the public comments earlier in the m eeting preferably
at the beginning of the meeting.
Secondly, Mrs. Finst stated the City Commission and Mayor have been
involved in setting up a committee known as the Mayor’s Committe e headed by Janet
Meeks to increase reading levels of children in Delray Beach schools as a part of the All
American City Campaign. She stated Commissioners have also be en assigned to monitor
schools in Delray Beach. Mrs. Finst stated she would like to pro pose that a report on the
progress of these activities be given to the public on a quarterly basi s either at a workshop
or regular meeting to keep the public informed on what is going on in the schools and the
campaign to increase grade level reading in Delray Beach.
At this point, the time being 9:05 p.m., the Commission moved to Item
9.A.A. (formerly Item 8.I.).
9.A.A. SPECIAL EVENT REQUEST/13TH ANNUAL DOWNTOWN
DELRAY BEACH THANKSGIVING WEEKEND ART FESTIVAL: Approve a
special event request for the 13th Annual Downtown Delray Beach T hanksgiving
Weekend Art Festival to be held on November 24-25, 2012 from 10:00 a.m. until 5:00
p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of N.E. 2nd
Avenue from the alley just north of Atlantic Avenue to approximatel y 400 feet north of
N.E. 3rd Street, leaving an access lane to the City Walk parkin g garage, and to authorize
staff support for traffic control, security, and Fire Inspector with the sponsor paying all
overtime costs.
Mr. Carney stated he asked Mr. Barcinski to go through what peopl e are
paying and not paying for the following four events and why.
Robert A. Barcinski, Assistant City Manager, stated in the case of all four
(4) of these events what the City is requesting them to pay i s based on the policy changes
the City Commission made a couple of months ago that will take e ffect for all events
beginning October 1, 2012.
Mr. Barcinski stated this item is to approve a Special Event Permit for the
13 th Annual Downtown Delray Beach Thanksgiving Weekend Art Festival t o be held on
November 24-25, 2012 from 10:00 a.m. until 5:00 p.m., street closure request, a nd staff
support. Mr. Barcinski stated the Event Producer will be paying 100% of all costs. The
overtime is estimated at $6,583 and the administrative fee of 5% is $329 for an estimated
total cost of $6,912. Mr. Barcinski stated they also want to use the north City Hall lot.
Staff recommends approval of the permit, temporary use permi t for street closure, staff
support for police traffic control and security, and Fire Inspec tor with the sponsor paying
all overtime costs.
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Mr. Carney moved to approve Item 9.A.A. (formerly Item 8.I.),
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Carney –
Yes; Mr. Jacquet – Yes; Mrs. Gray – Yes; Mayor McDuffie – Ye s. Said motion passed
with a 4 to 0 vote.
9.A.A.A. SPECIAL EVENT REQUEST/18TH ANNUAL DOWNTOWN
DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse
the 18th Annual Downtown Delray Beach Craft Festival sponsored by How ard Alan
Events, Ltd. to be held October 6-7, 2012 from 10:00 a.m. to 5:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.E. 4th
Avenue from Atlantic Avenue to S.E. 1st Street and from Atlantic Ave nue to N.E. 1st
Street, to utilize the north end of the Hands parking lot for vendor par king; and to provide
staff support for traffic control and security, and fire inspection services .
Robert A. Barcinski, Assistant City Manager, stated this item is approval
for a Special Event Permit for the 18 th Annual Downtown Delray Beach Craft Festival
being held October 6-7, 2012 from 10:00 a.m. until 5:00 p.m. to grant a te mporary use
permit per LDR Section 2.4.6(F) for use of NE 4 th Avenue from Atlantic Avenue to NE
1 st Street and from Atlantic Avenue to SE 1 st Street, to utilize the north end of the Hand’s
parking lot for vendor parking and to authorize staff support for traff ic control, security
and fire inspection services. Mr. Barcinski stated the estimat ed overtime is $5,874 and
the estimated administrative fee is $294 for a total of $6,168. The eve nt sponsor will pay
100% of all City costs.
Mr. Carney moved to approve Item 9.A.A.A. (formerly Item 8.J.),
seconded by Mr. Jacquet. Upon roll call the Commission voted as f ollows: Mr. Jacquet
– Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed
with a 4 to 0 vote.
9.A.A.A.A. SPECIAL EVENT REQUEST/26TH ANNUAL TURKEY TROT:
Approve a special event request to allow the 26th Annual Turkey Trot to be held on
Saturday, November 17, 2012 from 7:00 a.m. until approximately 9:00 a.m., including a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from
Casuarina to George Bush Boulevard from 4:00 a.m. to approximately 9:00 a.m., and
authorize staff support for traffic control, barricading, clean up, use of half of small stage,
event signage and waiver of parking meter fees for Sandoway, Ing raham, and Anchor
Parking Lots and along Atlantic Avenue from Venetian to A-1-A from 6 :30 a.m. until
approximately 9:30 a.m.
Robert A. Barcinski, Assistant City Manager, stated this i s item is
approval for the 26 th Annual Turkey Trot. Mr. Barcinski stated this event is produced
and sponsored by the Parks and Recreation Department to be held on Nove mber 17, 2012
from 7:00 a.m. to approximately 9:00 a.m. requesting street closure of A-1-A from
Casuarina Road to George Bush Boulevard and to authorize staff support and waiver of
parking meter fees for these lots during the race. This is a City event and the estimated
overtime cost for this event is $2,955, stage rental (if we were c harging it) $265,
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barricade rental $220 and signage $250 which is a total $3,690. Staff rec ommends
approval.
Mr. Carney moved to approve Item 9.A.A.A.A. (formerly Item 8.K.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Y es. Said motion passed
with a 4 to 0 vote.
9.A.A.A.A.A. SPECIAL EVENT REQUEST/ON THE AVE: Approve a special
event request to endorse On the Ave to be held on October 18, 2012 from 6:00 p.m. to
10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of
Atlantic Avenue from Swinton to the west side of N.E./S.E. 6th Avenue, R ailroad
Avenue from Atlantic to 150 feet north of the east/west alley, and t o the alleys north and
south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue and
N.E./S.E. 4th Avenue; to authorize staff support for security and tra ffic control, EMS
assistance and fire inspection, banner hanging and removal, event s ignage, barricade set
up and removal, and trash removal and clean up.
Robert A. Barcinski, Assistant City Manager, stated this i tem is to approve
a Special Event request to approve a special event permit for “On the Avenue” on
October 18, 2012 from 6:00 p.m. to 10:00 p.m. Mr. Barcinski stated the E vent Producer
is the Delray Beach Marketing Cooperative (DBMC). This reque st also includes a street
closure from Swinton Avenue to S.E. 6 th Avenue and staff support. He stated this request
is being done in conjunction with “Get the Vote Out” as part of the Presidential debates at
Lynn University. Mr. Barcinski stated per the Event Policies C ommission set the DBMC
and Old School Square will be paying 50% and DBMC is to pay Cit y 50% for all
overtime costs and 100% of all the other costs and 5% administrative fee of the overtime,
and their estimated cost to be paid back is $3,752. Staff recommends approval of the
permit, street closures, and staff support.
Mr. Carney moved to approve Item 9.A.A.A.A.A. (formerly Item 8.L.),
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mrs. Gr ay – Yes. Said motion
passed with a 4 to 0 vote.
At this point, the time being 9:13 p.m., the Commission moved to Item
9.C. of the Regular Agenda.
9.C. SITE PLAN EXTENSION REQUEST/36 S.E. 1 ST AVENUE:
Consider a request to extend the site plan for twenty-four (24) months for the property
located at 36 S.E. 1 st Avenue. (Quasi-Judicial Hearing)
Mayor McDuffie read the City of Delray Beach Quasi-Judici al Hearing
rules into the record for this item and all subsequent Quasi-Judicial items.
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Chevelle D. Nubin, City Clerk, swore in those individuals who wished t o
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex par te
communications. The Commission had no ex parte communications to discl ose. It is
noted that Mr. Frankel was absent at this time.
Paul Dorling, AICP, entered the Planning and Zoning Department pro ject
file #2008-064 into the record.
Jim Zengage, 1120 South Federal Highway, Delray Beach, FL
(applicant), stated they agree with staff.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time. There being no
one else from the public who wished to address the Commission rega rding the site plan
extension request, the public hearing was closed.
Mr. Jacquet asked for clarification and stated in 2008 HPB made a
decision that was appealed to the Commission and two years later in 2010 they requested
an extension for two years. Mr. Dorling stated the extension reque st came to
Commission and they granted that initial request. Mr. Dorling stat ed the relocation of the
house to 5 th and 2 nd has occurred but none of the construction has occurred.
Mr. Zengage stated this is strictly market driven and they donated the
house to the CRA and they moved it to the West Settlers Distri ct. He stated with the
economy starting to take a turn for the better they will h ave a better opportunity during
this extension period.
Mr. Carney asked if there are any material changes that have occurred in
the LDRs from the time of this project’s approval to now. Mr. D orling stated the primary
one is that of the changes to the lighting plan and that is why condition #3 was applied in
2010.
Mrs. Gray stated she looks forward to the project and it is muc h needed in
that block.
The City Attorney briefly reviewed the Board Order with the C ommission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order as presented (approvi ng the
site plan extension to be valid until August 19, 2014 subject to the conditions described in
Exhibit “A” and the staff report), seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mrs. Gra y – Yes; Mayor
McDuffie – Yes. Said motion passed with a 4 to 0 vote.
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9.B. REQUEST TO EXTEND TIMEFRAME/ DELRAY PLACE:
Consider a request to extend six (6) additional months (in addition to the 6 months
previously granted) to submit a privately sponsored rezoning from POC (Planned Office
Center) to SAD (Special Activities District for 9.95 acre for Delr ay Place, located at 1801
and 1845 South Federal Highway. (Quasi-Judicial Hearing)
Mayor McDuffie asked the Commission to disclose their ex par te
communications. Mr. Jacquet stated he spoke to Attorney Jeffrey Lynne on this issue and
Mr. Carasello previously. Mr. Carney stated he spoke with Att orney Jeffrey Lynne,
former Commissioner Fred Fetzer, former Commissioner Jon Levinson, Kelli Freeman, a
group of interested people that live in the Tropic Isle ar ea on this issue, and also received
some emails. Mrs. Gray stated she spoke with Attorney Jeffre y Lynne, received emails
from Kelli Freeman and others some opposed and some in favor to ext end the timeframe.
Mayor McDuffie stated he has spoken to Attorney Jeffrey Ly nne, Mr. Carasello, and
received pro and con emails.
Paul Dorling, AICP, Director of Planning and Zoning, stated this i s a
request for up to an additional six months on top of the six months t hat were previously
granted to a privately sponsored rezoning from POC (Planned Office Center) to SAD
(Special Activities District) for a 9.95 acre property loc ated at the southeast corner of
Linton Boulevard and Federal Highway. Mr. Dorling stated this was part of a request
that came before the Commission and in deliberations there was a consensus to seek an
SAD zoning. The applicant was granted that six month period and th ey have since that
time pursued that direction in working and meeting with staff and neighbors in the
process of preparing a site plan which is required as part of that SAD zoning request.
The previous six months would have required that the SAD site plan and z oning request
be finalized by October 3, 2012. Mr. Dorling stated the intent t o submit the SAD and
the site plan by September 7, 2012. He stated given the schedule they have shown in
their letter they would not be able to achieve final considerati on by City Commission on
second reading until the mid-December and that has been requested by the a pplicant. Mr.
Dorling stated that requires an extension of that original six months.
Jeffrey Lynne, Weiner, Lynne & Thompson, P.A., 10 S.E. 1 st Avenue,
Delray Beach, FL 33444, stated he spoke with the City Attorney and Mr. Dorling
because they have since replaced their prior agent. Mr. Lynne made reference to the
motion for April 3, 2012 minutes for Item 10.A. Ordinance No. 05-12. Mr. Lynne stated
the request before the Commission on April 3, 2012 was based upon a letter by Mr.
Michael Covelli based upon the direction given by the Commission t hat the applicant
seeks the SAD rezoning which then required his client to develop a si te plan and they
asked for six (6) months to do that. Mr. Lynne stated they anticipat e submitting the site
plan September 7, 2012 assuming there are not significant changes r equested by the
homeowners. Mr. Lynne stated they are really before the Comm ission asking for an
extension of time but it is just clarification that the motion M r. Jacquet gave that evening
that was seconded and approved was that the applicant had six (6) months to get their site
plan, architects, and developers and submit the application. Mr. Lynne stated if the intent
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was that there be final consideration to be before the Commiss ion for final determination
by October 3, 2012 then they are asking for more time.
Brief discussion between the City Attorney and the Commission followed.
Mayor McDuffie stated the text does not state what that six month
deadline covered. The City Attorney stated he understands that is t heir argument and an
argument can be made to get the ordinance back in front of the Com mission for second
reading. The City Attorney stated there is no way they can a ccomplish that with the
revised SAD ordinance because what staff was hoping to see was that the applicant
would be coming back with first reading on the SAD and at the s ame meeting they would
withdraw the ordinance that is still pending out there under the ot her zoning category that
they came in for.
Mr. Dorling clarified that this six (6) month extension was one that was
requested by the applicant at the meeting and was not something that staff suggested or
that the Commission had originally entertained. Mr. Dorling stat ed when it was on the
table by the applicant there was a motion to support the appl icant’s request of a six (6)
month extension and the assumption was that it would be back before t he Commission
within that six (6) months. He stated that is why he and the Cit y Attorney have this
position that they are not going to be able to meet that expect ation and per the applicant’s
request, he has required a little more time.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time.
Christina Morrison, 2809 Florida Boulevard, Delray Beach, FL 33483,
stated this developer was facing a rejection and there was substantial pushback from the
neighborhood to this development. Ms. Morrison stated if he was reje cted he would have
to wait a year to re-submit so he asked for a six (6) month extension. She sta ted a two (2)
month extension is more than enough. Ms. Morrison commented about a meeting outside
the city where this developer was presenting the plan that show ed the buildings pushed
all the way back into the neighborhood not on the street and she strongly objects to thi s.
Mayor McDuffie stated what they present outside does not matt er but
what matters is what they present here.
Mr. Carney commented about the SAD designation.
Gerry Franciosa, 939 Eve Street, Delray Beach, FL 33483, stated he
has been following this from the beginning of this and asked what the legal ity is and what
the basis is for the applicant’s request of an extension. Mr. Franciosa stated they applied
for a PC zoning change from POC. Mr. Franciosa stated it is hi s opinion that the
applicant is trying to get an extension so that they get an appr oval for a site plan and not
be required to go under the new regulations of the LDRs which are going to be presented
on the South Federal Highway Overlay Plan. He distributed a le tter to the Commission
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from Mr. Lynne quoting LDR 2.4.4(E) as being the reason why he is a sking for an
extension. Mr. Franciosa stated extensions are for approved projects and they are asking
for an extension of what. Mr. Franciosa stated this Ordinance No. 5-12 came before the
Commission on March 20, 2012. There was discussion and four Commissioners s aid
they were against it and former Commissioner Alperin suggested t hat maybe the
applicant would like to consider a zoning of SAD. It was postponed to the following
Commission meeting of April 3, 2012 and at that time the applicant s aid they would like
to have six (6) months to consider what they are going to do with the PC zoning or SAD
zoning which expires on October 3, 2012. Mr. Franciosa stated this s hould go to October
3, 2012 and the applicant should make a decision as to whether or not they ar e going to
withdraw their PC application and favor SAD, or do they want a vote f rom the
Commission to go to PC.
The City Attorney stated there is no Board Order because this is not based
on the normal extension request that we see in the LDRs. The City Attorney stated the
motion was made for the period to continue the second reading of that ordinance for a
period not to exceed six (6) months. He stated that is why staf f said to the applicant that
they need to get in front of the Commission otherwise staff wil l need to bring this
ordinance back to the Commission in accordance with their last motion for them to vote
on. The City Attorney stated in order for us not to do that, this is before the Commission
tonight to take action on to see if the Commission wishes to extend that continuation.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mr. Dorling and Mr. Lynne had no rebuttal.
Mr. Carney moved to approve the request to extend the timeframe to six
(6) months for Item 9.B., seconded by Mrs. Gray. Upon roll call the Commission voted
as follows: Mr. Jacquet – Yes; Mrs. Gray – Yes; Mayor McDuf fie – Yes; Mr. Carney –
Yes. Said motion passed with a 4 to 0 vote.
9.D. ADOPTION OF THE SOUTH FEDERAL HIGHWAY
REDEVELOPMENT PLAN: Consider adoption of the “South Federal Highway
Redevelopment Plan”, which covers the commercial properties on both sides of South
Federal Highway between Linton Boulevard on the north and the city limits to the sout h.
Ron Hoggard, AICP, Principal Planner, stated in 2008 a policy was adde d
to the Comprehensive Plan in Amendment 2008-1 to do a redevelopment plan f or South
Federal Highway. Mr. Hoggard stated that was in response to the e conomy doing a
downturn then and a major impact on automotive uses. He stated there was a concern
that if the dealerships in that area suddenly started pulling out what would happen to the
properties in that area. Mr. Hoggard stated since the 2010 attem pt to do Wal-mart on the
former Ralph Buick property staff realized that there was a concern with regard to
compatibility with the neighborhood for any development in that area. He stated the Plan
was expanded to address more completely address compatibilit y issues which are now
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incorporated into the Plan. Mr. Hoggard stated the existing land uses are Automotive
Commercial (AC) and General Commercial (GC) and they make u p over 60% of the land
uses in the area and are just less than 141 acres; 50% of the prop erty is Automotive
Commercial. Mr. Hoggard briefly reviewed the changes recommende d by the Planning
and Zoning Board and staff’s recommendations. Staff recommends ap proval of the
South Federal Highway Redevelopment Plan based on positive findings that it supports
and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
Mrs. Gray asked if there will be buffers for the backside as well. Mr.
Hoggard stated the backside is the 25 feet with the double rows of trees; if you are on
Federal Highway with this change you are able to move the building up to the front. Mrs.
Gray thanked staff for addressing people’s issues and concerns.
Mr. Carney stated he appreciates all the work that has gone i nto this and
noted that he has had conversations with people who have expressed concerns about the
size of the buildings on the east side of Federal Highway. H e stated instead of allowing
them to go up to 50 feet is there a process that they have to go through. Mr. Carney
stated he would like to review this because it will allow him to ask people in the
neighborhood some questions. Mr. Hoggard explained that it is not the b uilding size of
50,000 square feet; it is the maximum individual single tenant that c annot exceed 50,000
square feet.
Prior to the vote, an unidentified woman stepped forward and noted she i s
the Court Counsel for the land owner of the Ralph Buick property and entered a letter
into the record outlining their concerns with the proposal. It was noted that the first letter
is attached in the agenda backup; however, this is a second letter.
Mr. Carney moved to postpone the adoption of the South Federal Highway
Redevelopment Plan to a date certain of September 4, 2012, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mrs. Gray – Ye s; Mayor McDuffie –
Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 4 to 0 vote.
9.E. CITY MANAGER RECRUITMENT PROCESS: Discuss the
recruitment process to select a new City Manager.
The City Manager stated in order to initiate the process the first decision
that needs to be made is what kind of process the Commission wants.
Mayor McDuffie stated he likes the Range Rider Program.
Mr. Carney stated he would like to do a national search and feels the City
is better off with a third party rather than doing that internally.
Mrs. Gray supports the Range Rider process.
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The City Manager explained the former process and stated there was a
committee that had two managers on it; one retired and one active and five prominent
citizens. He stated the committee worked on getting a short list and the short list
candidates were interviewed individually by the Commissioners indiv idually. The City
Manager stated that evening there was a reception where comm unity leaders were invited
to meet the candidates and the next day there was a public int erview where there was a
meeting in the Chambers and the candidates were brought in one at a time and the
Commission asked questions and the public was present to witness that.
Mr. Carney reconfirmed that this will come back to the City Commission.
The City Manager stated staff will start in that direct ion and try to move
things along as rapidly as possible. He stated the process w ill take approximately 4-7
months.
Mr. Jacquet stated his choice would be to support the Professional Firm
because he thinks it is that important and we get the benefit of their recent search in
Melbourne. However, Mr. Jacquet stated it is the Commission’s decision.
It was the consensus of the Commission to support the Range Ri der
process.
9.F. CHANGE ORDER NO. 4/FOSTER MARINE CONTRACTORS,
INC.: Consider approval of Change Order No. 4 with Foster Marine Contra ctors, Inc. in
the amount of $11,844.45 for the Auburn Avenue Improvement Project. Funding is
available from 334-3162-541-68.65 (General Construction Fund: Other
Improvement/Auburn Avenue Improvements).
Richard Hasko, Director of Environmental Services, stated this is a request
for approval of a change order for Foster Marine on the Auburn Ave nue Improvement
Project for $11,844.45. Mr. Hasko stated this has to do with the reconstruct ion of the
driveway access to Storage America. He stated it was built to South Florida Water
Management District requirements and their perimeter grade s are fairly high. Mr. Hasko
stated the driveway that was originally there was steep to begin with because of that. He
stated the problem arose when originally the driveway connected directly to the edge of
pavement. The sidewalk has a maximum slope on it so it could not c ome up as steep
from the edge of pavement as the former driveway and therefore t hey lost 5 feet of
horizontal width to make up. Mr. Hasko stated this is not really a problem with
passenger vehicles or small moving trucks but because of the s lope that was built there
they rent storage space to commercial companies such as landsc aping companies. He
stated they had vehicles going in and out of there towing trailer s and there is some gouge
in the asphalt because the trailer hitch is catching there. St aff has been working with the
owner to go into the property to slighten the slope to 10% or 12% to help minimize the
issue.
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Mr. Carney moved to approve Change Order No. 4 with Foster Marine
Contractors, Inc. in the amount of $11,844.45, seconded by Mrs. Gray. Upon roll ca ll the
Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet –
Yes; Mrs. Gray – Yes. Said motion passed with a 4 to 0 vote.
9.G. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) regular member to serve an unexpired term ending July 31, 2013 to the
Nuisance Abatement Board. Based upon the rotation system, the a ppointment will be
made by Commissioner Carney (Seat #1).
Mr. Carney moved to appoint Carol Anderson as a regular member to the
Nuisance Abatement Board to serve an unexpired term ending July 31, 2013, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr.
Jacquet – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 4 to
0 vote.
9.H. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to the Education Board to serve an unexpired term e nding July 31,
2013. Based upon the rotation system, the appointment will be made by Commissioner
Gray (Seat #4).
Mrs. Gray stated she would like to defer her appointment to the next
regular meeting of September 4, 2012.
9.I. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) alternate member to the Civil Service Board to serve an une xpired term ending July 1,
2014. Based upon the rotation system, the appointment will be made by Commissioner
Gray (Seat #4).
Mrs. Gray moved to appoint Kristin Christensen as an alternate m ember to
the Civil Service Board to serve an unexpired term ending July 1, 2014, seconded by Mr.
Jacquet. Upon roll call the Commission voted as follows: Mr. Jac quet – Yes; Mrs. Gray
– Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 4 to 0 vote .
9.J. APPOINTMENTS TO THE BOARD OF ADJUSTMENTS:
Appoint three (3) regular members to the Board of Adjustments to se rve two (2) years
terms ending August 31, 2014. Based upon the rotation system, the appointm ents will be
made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner
Carney (Seat #1).
Mrs. Gray moved to reappoint Allen Kilik as a regular member t o the
Board of Adjustment to serve a two (2) year term ending August 31, 2014, seconded by
Mr. Jacquet.
Mayor McDuffie stated he wished to reappoint Dale Miller as a regular
member to the Board of Adjustment to serve a two (2) year term ending August 31, 2014.
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Mr. Carney so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carne y – Yes; Mr. Jacquet –
Yes. Said motion passed with a 4 to 0 vote.
Mr. Carney moved to reappoint Mel Pollack, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes;
Mrs. Gray – Yes; Mayor McDuffie - Yes. Said motion passed with a 4 to 0 vote.
9.K. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) At Large Representative to the Neighborhood Advisory
Council to serve an unexpired term ending July 31, 2014. Based upon the rotation
system, the appointment will be made by Commissioner Gray (Seat #4).
Mrs. Gray stated she would like to defer her appointment to the next
regular meeting of September 4, 2012.
9.L. APPOINTMENTS TO THE HISTORIC PRESERVATION
BOARD: Appoint four (4) regular members to the Historic Preservation Boa rd to serve
two (2) year terms ending August 31, 2014. Based upon the rotation syst em, the
appointments will be made by Mayor McDuffie (Seat #5), Commiss ioner Carney (Seat
#1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3).
Mayor McDuffie stated he wished to reappoint Ana Maria Apont e as a
regular member to the Historic Preservation Board to serve a two (2) year term ending
August 31, 2014. Mr. Carney so moved, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mr. Jacquet – Yes; Mrs. Gray – Yes; Mayor McDuffie –
Yes; Mr. Carney – Yes. Said motion passed with a 4 to 0 vote.
Mr. Carney stated he would like to defer his appointment to the ne xt
regular meeting of September 4, 2012.
Mr. Jacquet stated he would like to defer his appointment to the nex t
regular meeting of September 4, 2012.
Due to his absence, Mr. Frankel stated he would like to defer his
appointment to the next regular meeting of September 4, 2012.
At this point, the time being 10:39 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 26-12: Consider an amendment to Chapter 37
“Delray Beach Code Enforcement”, Section 37.45, “Supplemental Code Enf orcement
Procedures”, Subsection Q, “Civil Penalties”, of the Code of Ordinan ces of the City of
Delray Beach, Florida, in order to update the provisions pertaini ng to noise control. If
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passed, a public hearing will be held on September 4, 2012.
The caption of Ordinance No. 26-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 37 “DELRAY BEACH CODE
ENFORCEMENT”; 37.45 “SUPPLEMENTAL CODE
ENFORCEMENT PROCEDURES”; SUBSECTION Q
“CIVIL PENALTIES” OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, IN ORDER TO UPDATE THE PROVISIONS
PERTAINING TO NOISE CONTROL, PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 26-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance. The City A ttorney
stated he is going to talk about Ordinance No. 27-12 because that pre cipitated us for
having Ordinance No. 26-12 and this is one where recently a three jud ge panel of the
Fifteenth Judicial Circuit Court struck down the City’s noise ordi nance providing that
some of the definitions were vague and unconstitutional. The City Att orney stated they
also suggested that the City of Delray Beach look at its content base language as well.
He stated the noise ordinance of the City of Miami Beach was challenged in 2007, the
Court upheld the ordinance from a challenge. The City Attorne y stated the City adopted
a large portion of the Miami Beach noise ordinance and have modified i t to fit Delray
Beach. Staff has met with Code Enforcement and the Police Depar tment to make sure
that enforcement would not be an issue. The City Attorney stated one of the big changes
in the Code was where there was discussion about creating variance s or special variances
by the Board of Adjustment. He stated staff has since change d that to talk about
temporary permits which will be either granted by the City Manager or his or her
designee. The City Attorney stated staff feels that the ordi nance is able to be enforced by
Code Enforcement if need be.
Al Berg, Assistant Director of Community Improvement, stated staff met
with the City Attorney and the Police Department about the noise ordinance and
enforcing it.
Mr. Jacquet inquired about the seven different sections that have been
made into one. He asked why we are increasing the noise control fee . Mr. Berg stated
these fees have been the same since 2006. Mr. Berg stated when t he Police Department
is called out for a noise violation they want to make it real for the person that is getting
cited and the maximum you can have is $250.00 for the one time ticke t. Mr. Berg stated
with regard to the contested and non-contested the Statute requires that for one wher e you
plead guilty it is a certain fee and then if you take it to t he Hearing Officer there is a
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$75.00 administrative fee if it is contested.
Brief discussion ensued between the City Attorney, the Commissi on and
staff.
Mr. Carney moved to approve Ordinance No. 26-12 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mrs. Gray –
Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Y es. Said motion passed
with a 4 to 0 vote.
At this point, the City Attorney stated the direction that the C ommission
gave apply more to Ordinance No. 27-12.
12.B. ORDINANCE NO. 27-12: Consider an amendment to Chapter 99,
“Noise Control”, of the Code of Ordinances of the City of Delray Beach by repealing
Chapter 99, “Noise Control”, in its entirety, enacting a new Chapt er 99, “Noise Control”,
providing for the control of sound originating within the City of Delr ay Beach in its
place. If passed, a public hearing will be held on September 4, 2012.
The caption of Ordinance No. 27-12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 99, “NOISE CONTROL”, OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY REPEALING
CHAPTER 99, “NOISE CONTROL”, IN ITS ENTIRETY,
ENACTING A NEW CHAPTER 99, “NOISE
CONTROL”, PROVIDING FOR THE CONTROL OF
SOUND ORIGINATING WITHIN THE CITY OF
DELRAY BEACH IN ITS PLACE, AND PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27-12 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Mrs. Gray moved to approve Ordinance No. 27-12 on FIRST Reading,
seconded by Mr. Jacquet. Upon roll call the Commission voted as f ollows: Mayor
McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mrs. Gr ay – Yes. Said motion
passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
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The City Manager handed out an analysis from Mark Baron on the v alue
of the television exposure that the tennis tournament gets around the w orld and some of
the changes he is anticipating next year. The City Manager stated on the current
broadcast schedule for 2012 the gross advertising value was calculate d at $16 million and
the net sponsorship value at about $4.5 million. He stated next year they plan to add an
additional 40 hours of match play TV coverage which jumps the gross a dvertising value
up to $99 million with a net sponsorship value of $26 million. The City Manager stated
he wanted to share this information with the Commission because it relates to the value
of the exposure that we get and the City would also like to use thi s in trying to recruit
more sponsorship and sell naming rights.
Secondly, the City Manager stated if you have an issue where y ou have
35, 40, or 100 people here on an issue that the City has advertised fo r 7:00 p.m. he does
not feel they should be held up so that 4 or 5 people can make pu blic comments for 10,
15 or 20 minutes. The City Manager stated he feels that public hearings should be first
and then the public comments. He stated the Commission should try t o address those
items first which involve the greatest number of people.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Jacquet
Mr. Jacquet stated there was a comment from Ms. Bedard about t he
northwest corner of Lake Ida Road and Congress Avenue.
The City Manager stated staff has preliminary drawings which he would
like to show to the Commission and the City is working with the YMCA to build the
Family Fun and Fitness Center that they would operate. He st ated if the Commission is
okay with the layout then staff is prepared to go ahead and start negotiating an agreement
with them on how we can develop a partnership.
Mr. Jacquet stated with regards to Mrs. Finst’s suggestion about moving
public comments earlier on the agenda and he feels that is a great idea. Mr. Jacquet stated
the Commission asks the residents to come voice their opinion and some of them cannot
wait to give their comments. He feels it would be wise as a Commission to allow the
public to have the full opportunity to make their comments at a reasonable time during
the Commission meetings. He stated he has seen other bodies that do have public
comments in the beginning and he has seen it work.
Lastly, Mr. Jacquet stated school has started and encouraged ever yone to
visit their respective schools that they are liaison to and encour age the kids. He stated we
are doing a great job with helping our students read at grade l evel or above. Mr. Jacquet
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stated when the Commissioners show up at the schools it means a l ot to both the staff and
the students.
13.C.2. Mr. Carney
Mr. Carney stated he feels that Mrs. Finst brought up a g ood point that the
Commission could set public comments at a time certain of 6:30 as like with public
hearings. Mr. Carney stated there have been times where peop le have had to wait a very
long time to speak on public comments and then when it gets to the other time certain of
7:00 for public hearings the people remaining to speak under pub lic comments will just
have to wait. The City Manager stated he believes setting the time certain earlier for
public comments would work.
Secondly, Mr. Carney welcomed the City Manager back.
Mr. Carney thanked the City Attorney for working with him over the
weekend and the last couple of days as he number crunches and he go es through his
different theories of law as to why we can and cannot do things.
Lastly, Mr. Carney stated he was a food judge at Pompey Par k Family Fun
Day.
13.C.3. Mrs. Gray
Mrs. Gray had no comments or inquiries on non-agenda items.
13.C.4. Mayor McDuffie
Mayor McDuffie had no comments or inquiries on non-agenda items.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 11:00 p.m.
_______________________________________
City Clerk
ATTEST:
_______________________________________
M A Y O R
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08/21/12
The undersigned is the City Clerk of the City of Delray Bea ch, Florida, and the
information provided herein is the Minutes of the Regular City Commi ssion Meeting
held on August 21, 2012, which Minutes were formally approved and adopted by the
City Commission on ________________________.
_______________________________________
M A Y O R
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They wil l become the official
Minutes only after review and approval which may involve some amendm ents, additions
or deletions as set forth above.
WHEREAS, Lillie Bell Williams, the youngest of a family of three, was born to Gus and Lula
Williams on September 6, 1912 in Gough, Georgia; an d
WHEREAS, when she was in high school she met her future hus band Richard Evans, a
handsome substitute teacher in his twenties; and
WHEREAS, the union of Lillie and Richard produced ten child ren: Clarence, Lula Mae,
Melvin, Collie Jean, Otis, Betty Jean, Richard Jr., Ada Virginia, Lavern and Linda; and
WHEREAS, the family migrated south to Butts Farm (n/k/a Boc a West), like a lot of
families, in search of better opportunities; and
WHEREAS, while living on Butts Farm, the family had an eye f or business; they owned a
grocery store and barber shop. Her husband managed the barber shop while Mrs. Evans operated
the grocery store and drove the sandwich truck wher e the patrons were mainly farmworkers; and
WHEREAS, Mrs. Evans, a determined, motivated and vocal woman that always strived for a
better lifestyle, uprooted her family from the simp le lifestyle of Butts Farm to the growing city;
and
WHEREAS, the transition proved to be an adjustment for Mrs. Evans; instead of being the
driver of a sandwich truck, she was a maid. She no longer entertained herself by watching the
farmworkers pick beans, now she watched people play BINGO. Despite the changes in Mrs. Evans’
life, she has always been committed to the church; and
WHEREAS, Mrs. Evans, is the feisty matriarch of six living generations that continues to
grow; her 10 children produced 64 grandchildren, 12 3 great-grandchildren, 68 great-great
grandchildren and 9 great-great-great grandchildren ; and
WHEREAS, the pretty copper tone skinned baby girl with the l arge brown eyes and dark
eyelashes, whose mantra instilled by her mother ear ly in life was etiquette, good table manners
and proper hygiene (which she continues to pass dow n from generation to generation), has
evolved into a beautiful strong woman that will cel ebrate another milestone in her life; and
WHEREAS, on September 6, 2012, Mrs. Evans celebrated 100 ye ars of life.
NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on
behalf of the City Commission do hereby wish
LILLIE BELL EVANS LILLIE BELL EVANS LILLIE BELL EVANS LILLIE BELL EVANS
a very HAPPY 100 th BIRTHDAY and further recognize and congratulate her on her achievements
and wish her the best of health and happiness.
IN WITNESS WHEREOF , I have hereunto set my hand and caused the Offici al Seal of the
City of Delray Beach, Florida, to be affixed this 1 st day of September 2012.
____________________________________
NELSON S. McDUFFIE
MAYOR
WHEREAS, Sickle Cell Disease is a major health concern, affe cting millions in
America and throughout the world, costing hundreds of millions of dollars in
hospitalizations and productivity in the United Sta tes alone; and
WHEREAS, Eva Williams Mack founded the Sickle Cell Foundatio n in 1976 as a
non-profit organization to improve the quality of l ife for those persons affected by
Sickle Cell Disease or Trait and members of their families, as well as to educate the
public about this serious blood disorder; and
WHEREAS, Sickle Cell Foundation of Palm Beach County & Treas ure Coast, Inc.,
is a family-oriented, nonprofit organization dedica ted to helping all people affected
by Sickle Cell Disease/Trait, an extremely serious health problem, through the
provision of services including medical/healthcare referrals, counseling on methods
of disease control and pain management; educational support for the general public;
and support group activities for affected persons a nd families; and
WHEREAS, Sickle Cell Foundation of Palm Beach County and Tre asure Coast,
Inc. received its incorporation status on March 4, 1980; and
WHEREAS, Sickle Cell Foundation of Palm Beach County and Tr easure Coast,
Inc. works in partnership with the City of Delray B each and provides services to
improve the quality of life of those persons living with Sickle Cell Disease/Trait and
members of their families.
NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, d o hereby proclaim the month of
September, 2012 as:
NATIONAL SICKLE CELL AWARENESS MONTH NATIONAL SICKLE CELL AWARENESS MONTH NATIONAL SICKLE CELL AWARENESS MONTH NATIONAL SICKLE CELL AWARENESS MONTH
and urge all residents in the City of Delray Beach to increase their awareness and
understanding of this disease and to know their Sic kle Cell status.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Officia l
Seal of the City of Delray Beach, Florida, to be af fixed this 20 th day of September,
2012.
________________________________________
NELSON S. McDUFFIE
MAYOR
WHEREAS, National Plug In Day is a nationwide observance dra wing global attention to
the environmental, economic and other benefits of p lug-in electric vehicles; and
WHEREAS, National Plug In Day encourages education and outre ach to accelerate the
global shift to all electric and plug-in hybrid ele ctric vehicles; and
WHEREAS, National Plug In Day helps to inform the Delray Be ach community about
the opportunities that are available from plug-in v ehicles, including that they are powered by clean,
affordable, domestic electricity and reduce our nat ion’s dependence on petroleum and improve the
global environment; and
WHEREAS, the City of Delray Beach has become a leader in Sou th Florida by installing
multiple Electric Vehicle (EV) charging stations wi thin the City for public use, and to promote clean
transportation and economic development, thanks to the assistance of Plug In Florida and Charles
Whalen; and
WHEREAS, the City of Delray Beach has taken on the responsib ility to purchase
numerous hybrid vehicles to reduce the environmenta l implications associated with the City’s
operations and has determined that these vehicles m eet the Double Bottom Line Approach –
Environment (improves the quality of life within th e City) and Financial (reduces our taxpayers’
financial responsibilities).
NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission do hereby proc laim September 23, 2012 as:
“NATIONAL PLUG IN DAY”“NATIONAL PLUG IN DAY”“NATIONAL PLUG IN DAY”“NATIONAL PLUG IN DAY”
and urge residents to take pride on a day of special import ance and worthy of the recognition.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official S eal
of the City of Delray Beach, Florida, to be affixed this 20 th day of September, 2012.
_________________________________
NELSON S. McDUFFIE
M A Y O R
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tamara Genius, Plan Reviewer
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
REQUEST FOR A SIDEWALK DEFERRAL/1604 NORTH SWINTON AVENUE
ITEM BEFORE COMMISSION
Deferral of sidewalk installation along NW 16th Str eet.
BACKGROUND
The subject property is located on the west side of N. Swinton Avenue, south of NW 17th Street and on
the north side of NW 16th Street. Refer to location map.
The subject property was previously demolished and is a now vacant lot in which a single family
residence will be constructed.
Currently, there are no plans to install a sidewalk along the north side of NW 16th Street in the vici nity
of the subject residence. Subsequently, a sidewalk will be installed on N Swinton Avenue as part of th is
project. A sidewalk deferral was supported in the S eptember 13, 2012 DSMG meeting.
RECOMMENDATION
Staff recommends approval for the sidewalk deferral .
Prepared By: RETURN TO:
R. Brian Shutt, Esq.
City Attorney’s Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
______________________________________________________________________________
SIDEWALK DEFERRAL AGREEMENT
THIS AGREEMENT entered into this _____ day of ____________________________,
2012 , between the City of Delray Beach (hereinafter the City) and LF Style Homes, Inc.
(hereinafter the Owners), for the purpose of deferring the requirement of the i nstallation of a
sidewalk along N.W. 16 th Street until such time as the City requests the construction of the
sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
sidewalk, within the N.W. 16 th Street right -of -way immediately abutting t he subject property, by
the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a deferral from the requirement of the
installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and,
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as the City requests the
Owner construct the sidewalk.
2
W I T N E S S E T H
NOW, THER EFORE, in witness of the above and in consideration of the City agreeing to
defer the requirement for the installation of a sidewalk, at this time, for the property located at:
1604 N. Swinton Avenue , Delray Beach, FL 33444
1. The Owner agrees to constru ct a sidewalk, at its sole cost and expense, along the
N.W. 16 th Street right -of -way abutting the subject property, within a time period that is
acceptable to the City, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances of the City of Delray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be
binding on the p arties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
____ da y of _____________________, 2012 .
ATTEST: CITY OF DELRAY BEACH, FLORIDA
__________________________ By: ___________________________
City Clerk Mayor
Approved as to form and sufficiency:
__________________________
City Attorney
WITNESSES: OWNER: LF Style Homes, Inc.
__________________________ By: __________________________
Lennie F. Smith, President
__________________________
(Please type or print name) (Please type or print name)
3
STATE OF ________________
COUNTY OF ______________
The foregoing instrument was acknowledged before me this _____ day of
___________, 2012 , by ______________________________ (name of person acknowledging).
____________________________________
Signature of Notary Public - State of Florida
____________________________________
Print, Type, or Stamp Commission ed Name
of Notary Public
Personally Known _______ OR Produced Identification ________
Type of Identification Produced: ___________________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tamara Genius, Plan Reviewer
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
REQUEST FOR A SIDEWALK DEFERRAL/910 & 920 N.W. 1ST AVE NUE
ITEM BEFORE COMMISSION
Deferral of sidewalk installation in front of 910 & 920 NW 1st Avenue.
BACKGROUND
The subject property is located on the west side of NW 1st Avenue, west of N Swinton Avenue and
north of NW 8th Street/George Bush Blvd. Refer to l ocation map.
The current project is a single family residence th at will be demolished and split into two (2) single
family homes; 910 NW 1st Avenue and 920 NW 1st Aven ue.
Currently, there is an existing sidewalk at the nor th adjacent property; Lake Ida Homeowners
Association requested no additional sidewalks be in stalled. This item was supported in the September
13, 2012 DSMG meeting.
RECOMMENDATION
Staff recommends approval of the sidewalk deferral.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Director of Environmental S ervices
THROUGH:David T. Harden, City Manager
DATE:September 4, 2012
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/INTERCOUNTY ENGINEERING, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to approve a Con tract Closeout (Change Order No. 2/Final) in the
net deduct amount of ($53,535.19) and a final payme nt amount of $3,971.68 to Intercounty
Engineering, Inc. for completion of the S.W. 10th A ve. Water Main Project #11-047.
BACKGROUND
On October 18, 2011, Commission approved a Contract Award to Intercounty Engineering, Inc. in the
amount $237,142.00 for the SW 10th Ave. Water Main Project. The scope of work involved upgrading
the existing 2” water main on SW 10th Ave. from SW 2nd St. to W. Atlantic Ave., including the micro-
surfacing of SW 10th Ave. This upgrade is part of the City-Wide Water Main Upgrade Master Plan.
On June 28, 2012, the City Manager approved Change Order No. 1 (CO #1) in the amount of
$14,977.40, for additional work for the installatio n of approximately 100 feet of additional water mai n,
and an additional water service to enable the aband onment of a 2" service line not included in the
original project.
Change Order No. 2 includes plus and minus quantity adjustments and liquidates the residual from
contingency allowances. All changes for the projec t are itemized on the attached Schedule “A”. The
project is complete and all closeout documentation has been received.
FUNDING SOURCE
Residual funds to be liquidated from Purchase Order #679438 to funding account 442-5178-536-68.76
(Water Sewer Renewal & Replacement Fund/Improvement s Other/SW 10th Ave. WM).
RECOMMENDATION
Staff recommends approval of a Contract Closeout (C hange Order No. 2/Final) in the net deduct amount
of ($53,535.19) and a final payment amount of $3,97 1.68 to Intercounty Engineering, Inc.
for completion of the S.W. 10th Ave. Water Main Pro ject.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Timothy Tack, Project Manager ESD/CRA
Richard C. Hasko, PE, Environmental Services Direct or
THROUGH:David T. Harden, City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
RFP RESPONSES/ CEI FOR THE FEDERAL HIGHWAY BEAUTIFICATION PROJ ECT
ITEM BEFORE COMMISSION
This item before the Commission is to consider appr oval of the Selection Committee's ranking of
responses for RFP# 2012-32 for Construction and Eng ineering Inspection Services (CEI) for the Federal
Highway Beautification Project and to authorize staff to enter into contract negotiat ions with the top
ranked firm, R.J. Behar & Company, Inc.Project #200 9-009.
BACKGROUND
On July 1, 2012, a Request for Proposals was issued for the provision of professional Construction,
Engineering and Inspection (CEI) services for the Federal Highway Beautification project from South
of 10th Street to North of George Bush Boulevard Pr oject. These services are required by the Florida
Department of Transportation for all Local Agency P rogram (LAP) funded projects. Eleven firms
responded with proposals and a selection committee reviewed the proposals. The ranking of the firms
and final selection was based on the following crit eria:
1. Firm experience with similar (LAP) projects
2. Firm’s personnel qualifications
3. Firm’s approach to staffing and project management
4. Firm’s resources, personnel availability and commit ment
The selection process consists of evaluation and sc oring by the Selection Committee Members. Each
category was scored and totaled to tabulate an Over all Ranking Table and Total Points Table for each
firm. The Overall Ranking Table was used to rank e ach firm 1,2,3,4, etc., and the Total Points Table
was used as a tie breaker.
The committee unanimously agreed that R.J. Behar & Company, Inc. was the top ranked respondent
followed by Corzo, Catella, Carballo, Thompson & Sa lman (C3TS) and The Corrandino Group,
Incorporated, respectively. Upon successful negoti ation with the top ranked firm, the contract will b e
brought back to commission for approval to execute. If an agreement can’t be reached with the top
ranked respondent, negotiations with the subsequent ly ranked respondent(s) will be initiated until an
agreement can be reached at which time such agreeme nt will be brought forward to Commission for
consideration.
Attached is a copy of the rating sheets for all fir ms that submitted.
RECOMMENDATION
Staff recommends approval.
Printed: 9/20/2012
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Director of Environmental S ervices
THROUGH:David T. Harden, City Manager
DATE:September 6, 2012
SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
CONTRACT CLOSEOUT (C.O. NO. 4/FINAL)/BRANG CONSTRUCTION, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to approve a Con tract Closeout (Change Order No. 4/Final) in the
net deduct amount of ($13,662.72) and a final payme nt amount of $21,233.18 to Brang Construction,
Inc. for completion of the ARRA Bus Shelters Projec t #2009-055.
BACKGROUND
On February 1, 2011, the Commission awarded a Contr act to Brang Construction, Inc. to install 23 bus
shelters throughout the City. The project is funde d through an ARRA grant received by Palm Tran.
On July 5, 2011, the City Manager approved an amoun t of $11,166.70, to be paid out of the contract's
Contingency Allowance, for the cost of additional w ork required to comply with ADA requirements per
Palm Tran.
On September 20, 2011, Commission approved Change O rder No. 1 (CO#1) to Brang Construction,
Inc. for a contract time extension of fourteen (14) days. In addition, Commission approved an
additional amount of $1,548.30 to be paid out of th e contract's Contingency Allowance for additional
excavation and flatwork required at Bus Stop #8 (lo cated on Old Germantown Road, west of
Homewood Boulevard), to meet ADA requirements. Thi s amount was previously excluded in the total
additional cost amount by Brang.
On December 13, 2011, Commission approved a Contrac t Addition (CO #2) for the purchase and
installation of one (1) additional bus shelter at S W 10th Street; which was requested by Palm Tran; an d
a contract time extension of 208 days to accommodat e manufacturing and delivery time.
On April 17, 2012, Commission approved Change Order No. 3 in the amount of $14,594.54, is for the
purchase of 16 bus shelter benches; and the install ation of 15 of the benches; to replace the bus shel ter
benches located in Palm Beach County DOT rights-of-way; per Palm Tran's punch list on the ARRA
Bus Shelters Project; and a contract time extension of 130 days.
Change Order No. 4 includes plus and minus quantity adjustments and liquidates the residual from
contingency allowances. All changes for the projec t are itemized on the attached Schedule “A”. The
project is complete and all closeout documentation has been received.
FUNDING SOURCE
Residual funds to be liquidated from Purchase Order #673438 to funding account 101-3163-544-65.70
(ARRA Economic Stimulus Fund/Other Improvements/Tra nsit Stop Bus Shelters).
RECOMMENDATION
Staff recommends approval of a Contract Closeout (C hange Order No. 4/Final) in the net deduct amount
of ($13,662.72) and a final payment amount of $21,2 33.18 to Brang Construction, Inc. for completion
of the ARRA Bus Shelters Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Bob Diaz Construction Manager
Richard C. Hasko, Environmental Services Director
THROUGH:David T. Harden, City Manager
DATE:September 10, 2012
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
BID AWARD/RANDOLPH & DEWDNEY CONSTRUCTION, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to consider appr oval of a bid award to Randolph and Dewdney
Construction, Inc., in the total amount of $618,600 .00 for modifications to Fire Station No.1.
BACKGROUND
This activity entails the repair and hardening of t he City’s emergency operations center, also known as
Fire Station No. 1 Headquarters. The opportunity an d funding to conduct the improvements to the
facility materialized as a result of the State’s Di saster Recovery Initiative program (DRI-3). The facility
is located within the Community Development Block G rant program target area and qualified for a
DRI-3 grant through the office of the Department of Economic Sustainability for Palm Beach County.
The scope of work consists of the following: A new 180 KW dual fuel (natural and LP gas) generator
and associated equipment within a new enclosure, as well as removal of an existing underground 500
gallon LP tank and replacement with a new undergrou nd 1000 gal LP fuel tank. Removal and
replacement of approximately 9000 square feet of mo dified bitumen roofing and replacement with new
as well as associated accessories, flashing, drains , etc. Removal of 49 existing windows and storefron t
system units and replacement of 49 in the same shap e and size with impact rated windows and
storefront systems, as well as removal of one glass panel exterior door and replacement with new
impact rated swing entry door. The restoration of a ll affected interior and exterior finishes includin g
drywall, acoustical and drywall ceilings, floor fin ishes, stucco, and interior and exterior paint to m atch
are also included.
Bids for this project were opened on Wednesday, Jul y 18, 2012. Eight bids were received; one after the
2:00PM deadline (automatically returned to the bidd er unopened). The apparent low bidder was
DiPompeo Construction with a bid amount of $497,000 .00; followed by Coastal Contracting and
Development, Inc., at $556,010.00; Stuart & Shelby Development at $605,265.00 and Randolph and
Dewdney Construction with a bid amount of $618,600.00.
Bid documents for this Federally funded project req uired the execution and submission of (at bid time)
the following forms: Non-collusion Affidavit of Pri me Bidder, Anti-kickback Affidavit, Certification of
Eligibility of General Contractor, Certification of Non-segregated Facilities, MBE/WBE
Contractor/Subcontractor Participation form, MBE/WB E Supplier Participation form, Workforce
Projection form.
DiPompeo Construction, Coastal Contracting and Stua rt & Shelby Development did not submit any of
the required Federal forms; as a result, their bids were considered non-responsive and rejected.
Randolph and Dewdney Construction, Brang Constructi on Incorporated and H.A. Contracting all
submitted complete bid packages.
On September 4 th 2012, the Departments of Economic Sustainability f or the State of Florida and Palm
Beach County officially approved the City’s contract award recommendation to Randolph and Dew dney
Construction. The firm submitted a complete bid pac kage that meets the criteria set forth in the bid
documents and is the most responsive bid. The State also granted a nine month extension of the DRI-3
contract between all agencies. All construction and reimbursements must be completed by July 22,
2013.
Under a separate agenda item, approval of change or der #1 to reduce the undefined contingency
allowance from $45,000.00 to $39.747.00 is requeste d. The adjustment will synchronize the contract
award amount and the matching available grant fundi ng for the project of $613,347.00.
FUNDING SOURCE
Funding is available from Fire St. #1-Construction Costs 118-1962-554-62.89 and Fire St. #1-Generator
118-1962-554-64.90.
RECOMMENDATION
Staff recommends approval of a bid award to Randolph and Dewdney Construction, Inc., in the tot al
amount of $618,600.00 for modifications to Fire Sta tion No. 1.
CITY OF DELRAY BEACH
TABULATION OF BIDS
BID # 2012-241 Project Number 12-063
Fire Station #1 EOC Headquarters (Storm Hardening)
0711812012@ 1:00 P.M.
Coastal Stuart & Randolph & Brang West H.A .
DiPompeo Contracting & Shelby Dewdney Construction Construction Contracting
Bid Item Description Unit QTY Construction Development Development Construction Inc. Inc. Corp.
. . . ' . -~ . . '--..... , -------. .. -~ . ~ . . . -'"-.... ..-. , ~ "'-... ,.-
1 Generator LS 1 $ 186,000.00 $ 207,000,00 $ 201,600.00 $ 159,105 .34 $ 186,000.00 $ 258,000 .00 $ 191,000.00
Flat Roof
2 Replacement LS 1 $ 148,000 .00 $ 154,000.00 $ 166,320.00 $ 172,904.28 $ 148,000.00 $ 171,000.00 $ 104,000.00
Window & Door
I
3 LS 1 $ 117,990.00 $ 150,000 .00 $ 192 ,335.00 $ 241,580 .38 $ 250,000.00 $ 181,000 .00 $ 388,000.00 ,
4 Allowance LS 1 $ 45,000.00 $ 45,000.00 $ 45,000 .00 $ 45,000 .00 $ 45 ,000.00 $ 45,000.00 $ 45,000.00
5 Indemnity LS 1 $ 10 .00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00
TOTAL BID PRICE $ 497,000 .00 $ 556,010.00 $ 605,265.00 $ 618,600.00 $ 629,010.00 $ 655,010.00 $ 728,010.00
5% Bid Bond Submitted? YES YES YES YES YES YES YES
Addendum 1 & 2 Acknowledged? YES YES YES YES YES YES YES
Posted 07.18.2012
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Bob Diaz, Construction Manager
Richard C Hasko, Environmental Services Director
THROUGH:David T. Harden, City Manger
DATE:September 10, 2012
SUBJECT:AGENDA ITEM 8.F.1 - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
CHANGE ORDER NO. 1/ RANDOLPH & DEWDNEY CONSTRUCTION , INC.
ITEM BEFORE COMMISSION
This item is before the Commission to consider appr oval of C.O.#1 to reduce the undefined conditions
allowance by ($5,253.00) to $39,747.00, thereby red ucing the contract amount to $613,347.00 for the
bid awarded to Randolph & Dewdney Construction, Inc . for the modifications to Fire Station
No.1project.
BACKGROUND
Bids for this project were opened on Wednesday, Jul y 18, 2012. Eight bids were received, with the most
responsive bid package received by Randolph & Dewdn ey Construction, a City of Delray Beach
prequalified contractor.
Funding to conduct the improvements to the facility materialized as a result of the State’s Disaster
Recovery Initiative program (DRI-3). The facility is located within the Community De velopment Block
Grant program target area and qualified for a DRI-3 grant through the office of the Department of
Economic Sustainability for Palm Beach County. As a point of reference, the total DRI-3 grant
reimbursement amount is $613,347.00.
Staff is recommending an adjustment to the $45,000.00 built in contract contingency allowance to offse t
the difference in value between the approved grant amount and the recommended contract award total
of $618.600.00. Approval of Change Order #1 will re duce the undefined conditions allowance from
$45,000.00 to $39,747.00 for a total contract of $6 13,347.00.
FUNDING SOURCE
Funding is available from Fire St. #1-Construction Costs 118-1962-554-62.89 and Fire St. #1-Generator
118-1962-554-64.90.
RECOMMENDATION
Staff recommends approval of a change order No. 1 t o Randolph and Dewdney Construction, Inc.,to
reduce the undefined conditions allowance by ($5,25 3.00) to $39,747.00 for modifications to Fire
Station No.1.
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1/ (Contingency Allowance Adjustment) PROJECT NO. 12-063 DATE:
PROJECT TITLE: Fire Station No. 1 EOC Headquarters
TO CONTRACTOR: Randolph & Dewdney, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGL Y, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
________________________________________________________________________________________________________
JUSTIFICATION:
Reduction of the undefined contingency allowance by ($5,253.00) to $39,747.00
SUMMARY OF CONTRACT AMOUNT/CHANGES
ORIGINAL CONTRACT AMOUNT $ 618,600.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 618,600.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ (5,253.00)
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 613,347.00
TOTAL CONTRACT TIME WILL BE INCREASED BY 0 DAYS
PERCENT DECREASE THIS CHANGE ORDER -0.85%
TOTAL PERCENT DECREASE TO DATE -0.85%
CERTIFIED STATEMENT: I hereby certify that the supporting co st data included is, in my considered opinion, accurate
and that the prices quoted are fair and reasonable.
___________________________________________
Randolph & Dewdney, Inc.
(Contractor to sign & seal)
_________________________________________________________________________________________________________
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account: Funding is available from Fi re St. #1-Construction Costs 118-1962-554-62.89 and Fire St. #1-Generator 118-
1962-554-64.90
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:__________________________ By: ____________________________________________
Environmental Services Mayor
ATTEST:
APPROVED: __________________________ By: ____________________________________________
City Attorney City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Danielle Connor, Fire Chief
THROUGH:David T. Harden, City Manager
DATE:September 10, 2012
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
INTERLOCAL AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY RESP ONSE
SERVICES
ITEM BEFORE COMMISSION
This item is before the Commission for approval of the Interlocal Agreement for Hazardous Materials
Emergency Response Services and Funding By and Betw een Palm Beach County and the City of
Delray Beach.
BACKGROUND
The Fire-Rescue Department has participated as one of four R egional Hazardous Materials Response
Teams in Palm Beach County for the past 10 years. T his regional response approach utilizes teams from
the County and/or municipalities for response, inve stigation and mitigation of hazardous substance
releases. These Regional Hazardous Materials Respon se Teams are funded by the Solid Waste
Authority. These funds are distributed through the County to the City in two equal installments each
year totaling $235,185.75 for Fiscal Year 2013. The funding is explained in the agreement, Section 7-A .
This agreement is for five (5) years commencing on October 1, 2012. The agreement shall automatically
renew for an additional five (5) years after the in itial five (5) year period expires.
RECOMMENDATION
Staff recommends approval.
1
INTERLOCAL AGREEMENT FOR HAZARDOUS MATERIALS
EMERGENCY RESPONSE SERVICES AND FUNDING BY AND BETWEEN
PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH
THIS INTERLOCAL AGREEMENT is made and entered into this _____ day of
____________, 2012 , by and between PALM BEACH COUNTY, a political subdivision of the State
of Florida (hereinafter the “County ”) and the CITY OF DELRAY BEACH , a Florida municipal
corporation (hereinafter the “City ”).
WHEREAS , Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969," authorizes local governments to make the most efficient use of their
power by enabling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will harmonize geographic, economic, population
and other factors influencing the needs and development of local communities; and
WHEREAS, Chapter 252, Florida Statutes, authorizes the Board of County
Commissioners of Palm Beach County to provide and main tain for the safety of citizens from
hazardous materials emergencies; and
WHEREAS, the Palm Beach County Regional Hazardous Materials Response Ordinance
of 1998 , set forth in Chapter 11, Article VII, of the Palm Beach County Code, as may be
amended from time to time (hereinafterAtheA“HazAMatAResponseAOrdinance”), e stablishes
regional hazardous materials response team s to provide response, investigation and mitigation
of releases of hazardous substances; and
WHEREAS, the Haz Mat Response Ordinance p rovides for the regional hazardous
materials response team s to be from the C ounty and/or municipal fire departments within the
County ; and
2
WHEREAS, pursuant to the In terlocal A greement for Funding of Hazardous Materials
Emergency Response Services between the Solid Waste Authority (hereinafterA“SW ”)A and the
County, dated on or about September 25 , 2012, as may be amended from time to time
(hereinafterA“SW AHazAMatAFundingA greement”),ASW has agreed to provide funding to the
County for regional haza rdous materials responseAteams’A services, including emergency
response and mitigation in both the incorporated and unincorporated areas of Palm Beach
County ; and
WHEREAS, the County agrees to distribute the fu nds provided by the SWA to the
regional hazardous materials response team s for the provision of emergency response services.
NOW, THEREFORE, the County and the City, in consideration of the items and
conditions set forth herein and the benefits flowing from each to the other, do hereby agree as
follows:
SECTION 1. INCORPORATION OF FACT :
The facts set forth above in the preamble to this A greement are true and correct.
SECTION 2. PURPOSE :
The purpose of this Agreement is to establish the parties ’ rights and obligations
regarding the provision of regional hazardous materials response team services by the City
within the incorporated and unincorporated areas of Palm Beach County and the funding for
such services.
SECTION 3. REPRESENTATIVE AND CONTRACT MONITOR :
The County's representative and contract monitor during the performance of this
Agreement will be the Fire Rescue Administrator , whose telephone number is 561 -616 -7000 .
The City ’s representative and contract monitor during the performanc e of this Agreement will
be the Fire Chief, whose teleph one number is 561 -243 -7400 .
3
SECTION 4. ADMINISTRATION :
The Regional Hazardous Materials Oversight Committee (hereinafterAtheA“OversightA
Committee”), as established by the Haz Mat Response Ordinance, shall oversee and monitor
the performance of services by the City’sA regional hazardous materials response team pursuant
to the Haz Mat Response Ordinance and this Agreement .
SECTION 5. SERVICES TO BE PROVIDED :
The City shall coordinate with the other Zon e 4 response team partner designated by
the Oversight Committee to jointly prov ide and maintain one regional hazardous materials
response team , as authorized by the Haz Mat Response Ordinance. The City shall provide
within Zone 4 , as identified in the Palm Beach County Regional Hazardous Materials Response
Teams (PBCRHMRT) Standard Operating Guidelines (Exhibit 1 hereto ), as may be amended
from time to time by the Oversight Committee, hazardous materials emergency response and
mitigation services, when necessary or requested by a responsible county or municipal public
safety agency pursuant to the PBCRHMRT Standard Operating Guidelines . In accordance with
the Haz Mat Response Ordinance , the Oversight Committee is authorized to modify the initial
responseAzonesAofAtheAregionalAhazardousAmaterialsAresponseAteams,AincludingAtheACity’sAteam,A
after seeking comment and discussion from the regional hazardous materials response teams.
The City shall also provide backup response to the remaining three zones when requested
pursuant to the PBCRHMRT Standard Operating Guidelines .
SECTION 6. CITY ’S RESPONSIBILITY :
The City agrees to assure sufficient staffing, apparatus , supplies, and equipment to
provide regional hazardous materials response services to, and mitigation of, all hazardous
materials emergencies in Zone 4 . Furthermore , the City agrees that, upon request, they shall
serve any incorporated or unincorporated areas withi n Palm Beach County as authorized by the
Haz Mat Response Ordinance when necessary. In providing regional hazardous materials
response team services, t he City agrees to comply with the Haz Mat Response Ordinance, the
PBCRHMRT Standard Operating Guidelines , as may be updated and/or revised from time to
time by the Oversight Committee , and any other standards and procedures adopted by the
4
Oversight Committee . All costs associated with maintaining the regional hazardous materials
response team shall be borne by the City. The City agrees to provide access to City emergency
response records for hazardous materials incidents, upon request, to the County and the
Oversight Committee .
SECTION 7. COUNTY ’S RESPONSIBILITIES :
A. Funding:
In accordance with the SWA Haz Mat Funding Agreement, t he County agrees to provide
annual funding to the City , for regional hazardous materials response team services, in the
amount of Two Hundred Thirty Five Thousand One Hundred Eighty Five Dollars and
Seventy -Five Cents ($235,185.75 ) for fiscal year 2013 . T he annual funding for each
subsequent fiscal year will be increased by the same percentage increase, if any, received by
the County from the SWA under the SWA Haz Mat Funding Agreement. However,
notwithstanding anything to the contrary, the annual amount provided to the City shall not
exceed 12.5 % of the annual funding received by the County from the S WA pursuant to the SWA
Haz Mat Funding Agreement.
B . Payments:
The County shall remit payment to the City in two equal installments, payable on
February 1, and May 1, of each fiscal year covered by this A greement. The City shall provide
an invoice to the County no later than thirty (30 ) days prior to each due date. Invoices shall
include a reference to this Agreement and identify the amount due and payable to the City.
Invoices shall be sufficiently detailed to allow prepayment audit thereof . The City shall supply
any further documentation deemed necessary by the County.
C . Other Revenue:
WhereAtheACity’sAregionalAhazardousAmaterialsAresponseAteamArespondsAtoAanAincident,A
theACity’sAresponseAteamAmay,AinAaccordanceAwithAtheAHazAMatAResponseAOrdinance,AinvoiceA
and collect response costs from those persons and/or companies determined to have caused or
to be responsible for the hazardous substance release. In calculating the cost of response
actionsAandAinvoicingAtheAresponsibleAparty,AtheACity’sAresponseAteamAshallAcomplyAwithAtheAHazA
Mat Response Ordinance and a ny applicable standards and procedures adopted by the
5
Oversight Committee. Any recovered funds shall be used in compliance with the Haz Mat
ResponseAOrdinance.AAWhenArespondingAtoAaAhazardousAmaterialsAincident,AtheACity’sAresponseA
team shall keep a detai led record of the costs of all response actions, and shall provide access
to such records, upon request, to the County and the Oversight Committee.
SECTION 8. EMPLOYEE FUNCTIONS :
No employee of either party to this Agreement shall perform any function o r service
which is not within the employee's scope of duties as defined or determined by his employer.
SECTION 9. EMPLOYEE CLAIMS, BENEFITS, PRIVILEGES AND IMMUNITIES :
No employee, officer, or agent of either party shall, in connection with this Agreement
or the performance of services and functions hereunder, have a right or claim to any pension,
workers' compensation, unemployment compensation, civil ser vice, or other employee rights,
privileges, or benefits granted by operation of law or otherwise except through and against the
entity by whom they are employed. No officer, agent or employee of either party shall be
deemed the officer, agent or employee of the other, for any purpose, during the performance
of services hereunder.
All the privileges and immunities from liability, exemptions from law, ordinance and
rules, and all pensions and relief, disability, workers' compensation and other benefits which
apply to the activity of the officers , agents or employees of either party when performing their
respective functions, within the territorial limits for their respective agencies, shall apply to the
same degree and extent to the performance of such functi ons and duties extraterritorially.
SECTION 10. NO ASSUMPTION OF LIABILITY :
The parties to this Agreement and their respective officers , agents and employees shall
not be deemed to assume any liability for the negligent or wrongful acts or omissions of the
other party, its officers, agents and employees, or for any third party. Further, nothing herein
shall be construed as a waiver of either party ’s sovereign immunity or the assumption of
liability in excess of that allowed under Section 768.28, Florida St atutes. Liability for injury to
6
personnel, and /or for loss or damage of equipment, shall be borne by the party employing
such personnel, and/or owning or possessing such equipment.
SECTION 11. BREACH/OPPORTUNITY TO CURE :
In the event that either party is in default of its obligations herein, the party not in
default shall provide the party in default thirty (30) days written notice to cure said default
before exercising any of its rights as provided for in this Agreement.
SECTION 1 2 . INDEMNIFICATION :
Each party shall be liable for its own actions and negligence and, to the extent permitted
by law, County shall indemnify, defend and hold harmless the City against any actions, claims or
damagesAarisingAoutAofACounty’sAnegligenceAinAconne ction with this Agreement , and the City
shall indemnify, defend and hold harmless the County against any actions, claims or damages
arisingAoutAofAtheACity’sAnegligenceAinAconnectionAwithAthisA greement.AATheAforegoingA
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth
in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by
eitherApartyAtoAindemnifyAtheAotherApartyAforAsuchAotherAparty’sAnegligent,AwillfulAorAintentionalA
ac ts or omissions.
SECTION 1 3 . T ERM, T ERMINATION AND RENEWAL :
The term of this Agreement shall be for five (5) years commencing on October 1, 2012.
After the initial five (5) year term, this Agreement shall automatically renew for an additional
five (5) year period, without further action of the parties, unless eith er party shall notify the
other in writing of its intent not to renew. This notification shall be provided at least ninety
(9 0) days prior to the expiration date. This Agreement may be terminated , with or without
cause, by either party, at any time upon ninety (90) days written notice to the other party .
Should either party terminate this Agreement prior to its expiration, then the City shall make a
pro rata reimbursement to the County of payments made to the City hereunder, in proportion
to the amount of tim e between the termination date and the expiration of th e applicable
funding period .
7
SECTION 1 4 . ASSIGNMENT OF RIGHTS :
Neither party shall assign, delegate, convey or otherwise transfer in whole or in part, its
rights, duties, or obligations as set forth in this Agreement to any other entity without the prior
written consent of the other party.
SECTION 1 5 . MODIFICATION AND AMENDMENTS :
No modification, amendment, waiver, or alteration in the terms o r conditions of this
Agreement shall be effective without the written approval of the Oversight Committee and
written agreement by both parties executed with the same formality and equality of dignity
herewith.
SECTION 1 6 . ENTIRETY OF AGREEMENT :
This Agreement represents the entire understanding of the parties and supersedes all other
negotiations, representations, or agreements, either written or oral, relating to this Agreement.
SECTION 1 7 . NONDISCRIMINATION :
Each party warrants and represents that all of its employees are treated equally during
employment without regard to race, sex, sexual orientation, gender identity or expression,
color, religion, disability, age, marital status, familial status, national origin, or ancestry; and
that no person shall, based on any of these grounds, be excluded from the benefits of, or be
subjected to any form of discrimination under, any activity carried out by the performance of
this Agreement .
SECTION 1 8 . ANNUAL APPROPRIATIONS :
EachAparty’sAperformanceAandAobligationAunderAthisA greementAisAcontingentAuponAanA
annual budgetary appropriation by its respective governing body for the purposes hereunder
for each fiscal year .
8
SECTION 1 9 . SEVERABILITY :
In the event that any section, paragraph, sentence, clause, or provision hereof is held
invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions
of this Agreement and the same shall remain in full force and effect.
SECTION 20 . SURVIVABILITY :
Any provision of this Agreement that is of a continuing nature, or which by its language
or nature imposes an obligation or right that extends beyond the term of this Agreement, shall
survive the expiration or earlier termination of this Agreement.
SECTIO N 2 1 . REMEDIES :
This Agreement shall be construed by and governed by the laws of the State of Florida.
Any and all legal actions necessary to enforce the Agreement shall be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy and each and every remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any othe r or further exercise thereof. No provision of this
Agreement is intended to, or shall be construed to, create any third -party beneficiary or to
provide any rights to any person or entity not a party to this Agreement, including but not
limited to any citizens or employees of the County and/or the City.
SECTION 2 2 . RECORDS :
Each party shall maintain all records pertaining to the services delivered under this
Agreement, including, but not limited to, all accounts, financial records, research and
emergency response records, in accordance with Florida Law and for a period of at least three
years .
9
SECTION 2 3 . JOINT PREPARATION :
The preparation of this Agreement has been a joint ef fort of the parties, and the
resulting document shall not, solely or as a matter of judicial constraint, be construed more
severely against one of the parties than the other.
SECTION 2 4 . NOTICE OF SUITS :
Each party agrees to notify the other of any claim, or the initiation of any legal
proceeding , against it which relates, in any manner, to the services provided by the other party
pursuant to this Agreement. Each party will cooperate with the other in the defense of any
suit or action arising out of, or r elating to, the services rendered under this A greement.
SECTION 2 5 . NOTICES :
All notices required to be given under this Agreement shall be in writing, and sent by
certified mail, return receipt requested, to the following:
To the County : To the City:
Palm Beach County City of Delray Beach Fire Rescue Department
Fire Rescue Administrator Fire Chief
405 Pike Road 501 W. Atlantic Avenue
West Palm Beach, FL 33411 Delray Beach , FL 33444
Each party may change its address upon written notice to the other.
SECTION 2 6 . CAPTIONS :
The captions and section designations herein set forth are for convenience only and
shall have no substantive meaning.
10
SECTION 2 7 . ENFORCEMENT COSTS :
Any costs or expenses, including reasonable attorneys ’ fees, associated with the
enforcement of the terms and/or conditions of this Agreement shall be borne by the respective
parties ; provided however, that this clause pertains only to the parties to this Agreement.
SECTION 2 8 . NO DELEGATION OF DUTY :
Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of any state, county, or c ity officers.
SECTION 2 9 . FILING :
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm
Beach County.
SECT ION 30 . CONFLICT RESOLUTION :
Any dispute or conflict between the parties that arises from the provision of services
under this Agreement shall be presented in writing to the respective Contract Monitors. The
Contract Monitors shall then meet to discuss the disputed issues and attempt in good faith to
resolve the dispute or conflict prior to either party initiating the intergovernmental conflict
resolution process provided for by Chapter 164, Florida Statutes.
SECTION 3 1 . INSPECTOR GENERAL :
Palm Beach County has established the Office of the Inspector General in Palm Beach
County Code, Section 2 -421 - 2 -440,AasAmayAbeAamended.ATheAInspectorAGeneral’sAauthorityA
includes but is not limited to the power to review past, present and proposed Count y contracts,
transactions, accounts and records, to require the production of records, and to audit,
investigate, monitor, and inspect the activities of the City , its officers, agents, employees, and
lobbyists in order to ensure compliance with contract re quirements and detect corruption and
fraud.
Failure to cooperate with the Inspector General or interfering with or impeding any
investigation shall be in violation of Palm Beach County Code, Section 2 -421 - 2 -440, and
11
punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree
misdemeanor.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
12
IN WITNESS WHEREOF , the undersigned parties made and executed this Agreement on
the day and year first written above.
ATTEST: PALM BEACH COUNTY, FLORIDA,
SHARON R. BOCK, CLERK & BY ITS BOARD OF COUNTY
COMPTROLLER COMMISSIONERS
By: _____________________________ By: ____________________________
Deputy Clerk Shelley Vana, Chair
APPROVED AS TO FORM AND APPROVED AS TO TERMS AND
LEGAL SUFFICIENCY CONDITIONS
By: _____________________________ By: ____________________________
County Attorney Fire -Rescue
CITY OF DELRAY BEACH , FLORIDA,
ATTEST: BY ITS CITY COUNCIL
By: ____________________________ By: ____________________________
Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: ____________________________
City Attorney
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Alberta Gaum, Recreation Superintendent
Linda Karch, Director of Parks and Recreation
THROUGH:David T. Harden, City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
GRANT APPLICATION TO FRDAP/VETERANS PARK PLAYGROUND
ITEM BEFORE COMMISSION
City Commission approval is requested to submit a g rant application in the amount of $138,500 to the
Florida Recreation Development Assistance Program (FRDAP) for funds to replace the Veterans Park
Playground.
BACKGROUND
Veterans Park is located in a picturesque setting o n the Intracoastal Waterway just north of the main
thoroughfare-Atlantic Avenue. The park contains a Veterans War Memorial, a recreation center for
young children through adults and senior citizens; shuffleboard and lawn bowling courts; a gazebo for
parties, weddings, and bands; and two (2) large pla yground structures that were built in 1994 by
volunteer groups, parents and organizations.
The area that has been identified as currently havi ng the greatest need in Veterans Park is the existi ng
wooden playground structures. This playground need s to be completely rebuilt in order for it to
continue being a haven for young people, as it has been for over the past 18 years. The task of tryin g to
maintain this playground utilizes many man hours an d the ability to repair elements has become
difficult times. In order to rebuild this playgrou nd to meet the current American Society for Testing and
Materials (ASTM) and Americans with Disabilities Act (ADA) Standards regarding accessibility and
safety criteria, funding is essential.
The scope of the Veterans Park playground project i s to remove the existing playgrounds; reinstall two
(2) playground systems-one for ages 2-5 and the oth er for ages 5-12 which utilize a variety of materials,
shapes and textures to provide different experience s in movement, climbing, interaction, socialization ,
and communication. Benches, water fountain, and pi cnic tables are also included in this project.
The total estimated cost is $277,000 of which $138,500 will be requested from FRDAP.
FUNDING SOURCE
Funding for this project is planned FY 2012-13 in t he proposed FY 2013-2017 Capital Improvement
Program.
RECOMMENDATION
Parks and Recreation recommends Commission approval to apply for a FRDAP Grant.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Alberta Gaum, Recreation Superintendent
Linda Karch, Director of Parks and Recreation
THROUGH:David T. Harden, City Manager
DATE:September 10, 2012
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
GRANT APPLICATION TO FRDAP/REDESIGN POMPEY PARK POOL
ITEM BEFORE COMMISSION
City Commission approval is requested to submit a g rant application in the amount of $178,350 to
Florida Recreation Development Assistance Program (FRDAP) for funds to redesign the wading pool at
Pompey Park Pool.
BACKGROUND
Pompey Park Pool, located at 1101 NW 2nd Street, wa s rebuilt in 1995 to its current configurations
which includes a building with an office, bathroom facilities, showers, locker rooms, a wading pool an d
the main pool.
Over the years, the pool has undergone some upgrade s, but one area that was left untouched is the
kiddie or wading pool area. While the main pool is ADA compliant with an accessible chair lift, with
the new American with Disabilities Act taking effec t this January, 2013, we need to address not only t he
desire to have a more well-rounded pool for a larger number of patrons and fam ilies, but the
accessibility requirements for the wading pool with which we are currently not in compliance.
The US Department of Justice (US DOJ) recently adop ted expanded guidelines for public pools as part
of the ADA. These new guidelines specifically stat e that "a wading pool is a pool designed for shallo w
depth and is used for wading". Each wading pool mu st provide at least one sloped entry into the
deepest part. We do not have a sloped entry for th e wading pool.
The scope of the Pompey Park Pool project is to rec onstruct the wading pool into an interactive, zero
depth entry, water recreation area which would incl ude spray park components. This new concept
would vastly improve the usability of this underuti lized wading pool. It will attract families with
younger children who may have not learned to swim, large groups and non-profit organizations, pool
parties and even tourists who are looking for activ ities to do with their families. We even can antic ipate
increased revenue.
The total estimated cost is $356,500 of which $178,350 will be requested from FRDAP.
FUNDING SOURCE
Funding for this project is planned for FY 2013-14 in the proposed FY 2013-2017 Capital Improvement
Program.
RECOMMENDATION
Parks and Recreation recommends Commission approval to apply for a FRDAP grant.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor
THROUGH:City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
RENEWAL OF POLICE AND FIRE COMMUNICATIONS AGREEMENT/ TOWN OF GULF
STREAM
ITEM BEFORE COMMISSION
This is a renewal contract between the City of Delr ay Beach and the Town of Gulf Stream for Police
and Fire Dispatch Services.
BACKGROUND
This is the renewal of the Communications Agreement for Police and Fire Dispatch Services between
the City of Delray Beach and the Town of Gulf Strea m. This contract continues a service that has been
previously provided. The agreement shall expire an d terminate on September 30, 2017. However,
either party may terminate the agreement at any tim e following 60 days written notice to each other.
FUNDING SOURCE
The Town of Gulf Stream will pay the City of Delray Beach the sum of $53,782.00 plus an annual
license maintenance fee for security and CJIS compl iance of $254.00, for a total of $54,036.00 per yea r
for use of their dispatch system. Each year of the agreement after 2012, the service fee shall be adj usted
from the previous year in an amount based upon the "All Urban Consumers-United States" April
Consumer Price Index.
RECOMMENDATION
Approve.
POLICE AND FIRE COMMUNICATIONS AGREEMENT
THIS AGREEMENT , entered into this _____ day of September, 2012, by and
between the CITY OF DELRAY BEACH, FLORIDA , a municipal corporation,
hereinafter referred to as “City” and the TOWN OF GULF STREAM , a Florida municipal
corporation, hereinafter referred to as “Town”.
W I T N E S S E T H:
WHEREAS , the Town desires to enter into an agreement with th e City of Delray
Beach, Florida, in order to obtain Police and Fire Di spatching and Communications
Services from the City.
NOW, THEREFORE , the City and the Town in consideration of the mutua l
promises and benefits hereby agree as follows:
Section 1 . Effective Date . This agreement is to become effective as of October
1, 2012.
Section 2 . Termination Date . This agreement shall expire, and terminate on
September 30, 2017.
Section 3 . Payment of Service Fee .
A. The City is currently providing police and fire com munication services to
the Town and the Town is paying a fee to the City fo r these services. For the fiscal
years commencing October 1, 2012, and ending September 30, 2017, the payment
shall be adjusted from the previous year in an amount based upon the "All Urban
Consumers-United States" April Consumer Price Index.
B. For the fiscal years commencing October 1, 2012 throu gh September 30,
2017, the Town and the City agree that the total ser vice fee shall be an agreed upon
2
basic service fee of $53,782.00 with an annual license ma intenance fee for security and
CJIS compliance of $254.00 for a total of $54,036.00 p er year. These fees are based
on a quantity of five (5) licenses for mobile units.
The basic service fee for the fiscal year 2012/2013 shall be the agreed upon fee
of $53,782.00. Each year of the Agreement thereafte r, the basic service fee shall be
adjusted from the previous year in an amount based upo n the “All Urban Consumers-
United States” April Consumer Price Index (CPI). The projected annual service fee
adjustment will be reported to the Town Manager of t he Town of Gulf Stream on or
before July 15th of each year. The service fee shall be paid to the City by December
31 st of each year for that fiscal year beginning October 1 st .
Section 4 . City’s Responsibilities : The City shall provide dispatching and
communication services to include the handling of:
a. Radio dispatching of police, fire and Emergency Med ical Services
(EMS) emergency and 911 calls.
b. Radio dispatching of non-emergency calls.
c. City Communications Dispatch will dispatch a Town poli ce officer to
all fire and medical calls. If a Town officer is unavai lable due to another priority
call, he/she will be made aware of the pending police, fire or medical call and its
location.
d. Electronically recording and maintaining radio tra nsmissions for
thirty (30) days.
3
e. Access to information from Palm Beach Sheriff’s Depar tment’s
P.A.L.M.S. Computer System and the State F.C.I.C. an d Federal N.C.I.C.
Computer Systems via radio or telephone voice transmissio n.
f. City will make entries, cancellations and/or modifica tions into
NCIC/FCIC on behalf of the Town. All copies of said r eports and/or
supplemental reports must be made available to Town’s o fficers at all times for
hit confirmation purposes; this is in accordance with FDLE validation
requirements.
g. Recording and maintaining for two years a daily Co mputer Aided
Dispatch (CAD) log to include a numerical call identifie r and also containing the
following information:
1. Type of call or incident
2. Date and time of call or incident
3. Location of incident
4. Complainant or caller’s name
5. Name of the assigned or responding officer
h. The Communications Manager will assist Town officers in obtaining
their FCIC Limited Access Certifications and re-certify th em every two years as
required. The Town is responsible to insure that all t heir officers are in
compliance with recognized certifications and FDLE standar ds.
Section 5 . Performance Standards .
A. Calls for road patrol response will be prioritized into three (3) categories.
4
1. Priority 1 – Emergency: Any threat to life or danger of serious
physical injury or major property damage. Any felony or violent misdemeanor
where the suspect has remained at the scene or may be app rehended in the
immediate area.
Priority 1 calls include:
(1) Alarms that are received as Silent, Panic, or Finan cial Institution
alarms and
(2) Major traffic accidents with extensive injuries.
a) Dispatch times for Priority 1 calls:
Emergency calls will be dispatched without delay to the nearest unit
to the call location. The dispatcher has one (1) minute from the
time received to dispatch a priority 1 call.
2. Priority 2 – Urgent: Any incident currently in progress that does
not represent a significant threat to life or property
Priority 2 calls include:
(1) Audible alarms;
(2) Motor vehicle accidents that originally occurred in a roadway or are
still blocking traffic and have unknown injuries;
(3) Incidents with suspect information or where immediat e follow-up is
required.
a) Dispatch times for Priority 2 Calls:
5
Urgent calls are of a less serious nature and may be held no longer
than five (5) minutes from the time the call is receive d, unless a
road supervisor approves a longer delay.
3. Priority 3 – Routine/Delayed. Any incident/request not in progress
involving minor offenses or when the complainant had d elayed reporting for more
than one hour.
Priority 3 calls include:
(1) Parking lot accidents with no injuries;
(2) Any incident involving non-criminal matters or re quests for service;
(3) Any incident where there is no likelihood of appr ehending the
offender;
(4) No initial investigation is possible because the comp lainant is not at
the scene;
(5) Any complaint for insurance purposes;
(6) Lost or found property;
(7) Abandoned or illegally parked vehicles.
(a) Dispatch times for Priority 3 calls:
Routine/Delayed calls may be held for a maximum of th irty (30) minutes
before a road supervisor must be advised. The complaina nt is to be
advised of the delay and give an approximate time fo r the officer to arrive.
These calls should be given out as soon as a unit becomes av ailable.
B. Dispatch Times.
6
1. The Dispatch times stated in Section A shall be measured f rom the time a
call is received by the dispatcher to the time the dispat cher notifies Town police
personnel.
2. The Dispatch times stated above shall be the expected performance
standards under this Agreement. However, both parties at exceptions to these
times may occur periodically. Accordingly, it is not the intention of this
Agreement that a failure to dispatch a call within the stated time period be
regarded as a breach of this Agreement. Rather, it is the intention of this
Agreement that all exceptions to the stated times be re viewed and all necessary
and appropriate follow-up actions be taken to prevent future exceptions, where
they can be avoided.
3. The above notwithstanding, nothing in this section sh all release either
party from the provisions of Section 11 of this Agreeme nt where dispatch times
are concerned.
C. Monthly Reports: At least once each month upon request, the City may
generate and make available to the Town, a Dispatch Act ivity Report listing all Town
calls from the date of the previous report. The repor t shall include the times that all
calls were received, the times they were dispatched, the times the police officer and/or
Fire Department arrived on the scene, and the time th e call was cleared.
Section 6 . Service Complaints . In the event a service complaint is received,
the complaint shall be handled pursuant to one of the following resolution processes:
A. Informal Resolution Process: Informal Service questions,
problems or complaints by either party may be initiate d via a face-to-face
7
meeting, telephone conversation, facsimile transmission or in writing. The
recipient of the question or complaint shall then respon d in a like fashion or in a
manner otherwise agreed to at the time the question o r complaint is initiated. A
reasonable response time also shall be agreed to at the time of initiation.
Questions and complaints directed to the Town shall be d irected only to
the Chief of Police or his/her designee. Questions and complaints directed to
the City shall be directed only to the Police Departme nt’s Systems Manager or
Director of Support Services. Further, it shall be the responsibility of the
recipient to personally respond to the initiator unless another respondent is
agreed to at the time of initiation.
B. Formal Resolution Process: Formal service questions, problems
or complaints by either party shall be made in writing . Within thirty (30) working
days of receipt of a complaint, the complaint shall be f ully reviewed and a
response rendered noting the corrective actions taken, if any. To expedite
resolution of a complaint, both the initial complaint form and the response may
be sent via facsimile transmission. Complaints and respons es shall only be
addressed to and from the following individuals:
City of Delray Beach Police Director of Support Serv ices
300 West Atlantic Avenue
Delray Beach, Florida 33444
Town of Gulf Stream: Chief of Police
100 Sea Road
Gulf Stream, Florida 33444
8
Section 7 . Meetings . At least once each year, the City Police Director of
Support Services, the Communications Manager and the To wn Chief of Police or their
designee shall meet to review and discuss the terms of thi s Agreement and to
recommend to their respective City/Town Manager any re visions, additions or deletions.
This meeting may be held as one of the above specified quarterly meetings.
Upon mutual agreement, the City/Town Managers may ch ange the provisions of
Sections 5, 6 and 7 (Performance Standards, Service Comp laints, Meetings). Changes
shall be in writing signed by both parties and attached as an Amendment to this
Agreement. No other provisions of this agreement may be amended without the
approval of the governing bodies of both parties.
Nothing in this Section or Agreement shall prohibit o r discourage additional
meetings as may be necessary or desired by either party f rom time to time. In addition,
nothing herein shall prohibit or discourage meetings be tween staff members of both
parties other than those specifically referenced in this A greement. However, no staff
member of either party may interpret, revise, amend or delete any provision of this
Agreement except as provided herein.
Section 8 . Investigations, Discussion and Negotiation for Futu re
Communications Operations.
Both parties recognize and agree that internal and e xternal influences may
cause the City to investigate and pursue alternative com munications operations
including, but not limited to, sharing, merging or tr ansferring operations with another
community or entity. The City agrees to inform the T own of all ongoing investigations,
discussions and negotiations concerning alternative communica tions operations and
invites the Town to fully participate in same. Furthe rmore, the Town understands the
9
800 MHZ radio system is tied into the Palm Beach County radio system by means of a
“Smart Zone” switch. The Town agrees to restrictions on the utilization of County Talk
Groups limiting use to mutual aid situations with Palm Beach County. The Town also
agrees to the terms and conditions set forth in the Inte rlocal Agreement, and any
amendments thereto, between Boynton Beach, Boca Raton and Delray Beach, known
as the “South Palm Beach County Public Safety Cooperat ive” and Palm Beach County.
Specifically, the Town agrees and understands that Sectio n 9 and Section 15.06 of the
Interlocal Agreement, as amended, are hereby incorpora ted in their entirety into this
Agreement. Further, the City hereby agrees that it will not pursue alternative
communications operations that would not include the Tow n without the written consent
from the Town Manager.
Section 9 . Town’s Responsibilities . The Town shall be responsible for
maintenance of all radios or equipment purchased by the Town, providing maintenance
and repairs as needed through a Motorola subcontractor.
Section 10 . Additional Services . By way of this Agreement, the City shall
provide only communication services and dispatching services except that the City may
unilaterally add any communications, dispatch, mobile da ta, information or record
keeping services that enhances the City’s ability to provi de that service to its own
service area.
The Town shall conform to those procedures and policies n ecessary to assure
that the communications and records keeping for the Town’s service area are in
harmony with the communications and records keeping of th e City and assure
compliance with Public Records Law.
10
In the event that the City is capable of providing e nhancements or additions to
law enforcement and communications services which are not u nilateral and the Town
wishes to avail itself of such additions and enhancements t he Town may, upon mutual
agreement with the City, amend Section 4 of this agre ement which may necessitate a
negotiated amendment by the City to Section 3 of thi s agreement.
Section 11 . Hold Harmless . The City, its officials, agents, or employees in
providing dispatch and communication services, shall not be deemed to assume any
liability for acts, omissions, or negligence of the Town, its employees, agents or
officials. In consideration of the payment of Ten Doll ars ($10.00), receipt of which is
hereby acknowledged, the Town shall hold the City harm less and shall defend them
against any claims for damages resulting from acts, omission s or negligence of the
Town, its officials, agents, or employees, subject to the provisions of Florida Statutes
Section 768.28. All liability for injury to personne l and for loss of or damage of
equipment incurred in connection with this agreement, o r in the performance of services
or functions pursuant thereto, shall be borne by the Ci ty or the Town employing such
personnel or owning such equipment, and the Town shall carry sufficient insurance to
cover all such liabilities.
Section 12 . Termination of Agreement by the Town . The Town may
terminate this agreement at any time following sixty (60) days written notice to the City.
After the effective date of said notice, both parties w ill be relieved of any further
obligations under this agreement except nothing herein shall be construed to impair the
obligation of any contract then in effect in which the Town and the City is a party or to
relieve the Town or the City of any liability for i ts negligence or the negligence of their
11
respective employees occurring while this agreement is in effect. If the Town should
terminate the agreement as herein provided and prior to September 30, 2017, the
applicable payment referred to in Section 3 shall be r efunded on a pro rata basis.
Section 13 . Termination of Agreement by the City . The City may terminate
this agreement at any time following sixty (60) days w ritten notice to the Town. After
the effective date of said notice, both parties will be relieved of any further obligations
under this agreement except nothing herein shall be con strued to impair the obligation
of any contract then in effect in which the Town and th e City is a party or to relieve the
Town or the City of any liability for its negligence or the negligence of their respective
employees occurring while this agreement is in effect. I f the City should terminate this
agreement as herein provided and prior to September 30, 2017, the applicable payment
referred to in Section 3 shall be refunded on a pro r ata basis.
Section 14 . Agreement Not Assignable . The Town shall not assign this
agreement.
Section 15 . Venue . All disputes arising from this agreement shall be sett led in a
court of competent jurisdiction with venue to be in Pal m Beach County, Florida.
Section 16 . Notices . All notices provided for in this agreement shall be in
writing and either hand delivered or sent by certifie d or registered mail to the party to be
notified at the following respective addresses which may be changed by written notice
only:
City: Office of the City Manager
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
12
Town: Office of the Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33444
Notice given by or to the attorney by either party shall be as effective as if given
by or to said party.
Section 17 . City Retains Exclusive Control . The City shall retain exclusive
control over all equipment and personnel used in provi ding the services in accordance
with this agreement, except for any radios required to be purchased by the Town.
Section 18 . City’s Right to Limit Access . The City shall have the right to limit,
direct or deny access, to individual representatives of th e Town, to Information and
Communications capabilities provided in Section 4, when such access has been used,
in violation of Florida Statutes, in violation of th e City, County, State or National
directives and procedures governing the acquiring use of sensitive information and
equipment, or when such access may jeopardize the City’s l aw enforcement effort or
the representative is found to be a security risk.
IN WITNESS WHEREOF , the parties have caused these presents to be signed
by the duly authorized officers on this _______ day of September, 2012.
ATTEST: CITY OF DELAY BEACH, FLORIDA
_________________________ By:______________________________
Chevelle Nubin, City Clerk Nelson W. McDuffie, Mayor
Approved as to Form:
______________________________
Catherine M. Kozol, Asst. City Attorney
13
ATTEST: TOWN OF GULF STREAM, FLORIDA
______________________ By:______________________________
Town Clerk Mayor
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor
THROUGH:City Attorney
DATE:September 12, 2012
SUBJECT:AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
TRAFFIC ENFORCEMENT AGREEMENT/ THE SENECA GROUP
ITEM BEFORE COMMISSION
This is a Traffic Enforcement Agreement between the City of Delray Beach Police Department and The
Seneca Group.
BACKGROUND
This Agreement will allow the Police Department to enforce state and local traffic laws on the private
roads of The Seneca Group. The agreement shall als o mandate that the Seneca Group comply with the
speed limits set by Florida Statute and follow Depa rtment of Transportation standards for traffic cont rol
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 di rect impact on crime in that area.
FUNDING SOURCE
The Seneca Group will pay the sum of $12.00 per yea r to the City of Delray Beach.
RECOMMENDATION
Approve.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 12, 2012
SUBJECT:AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
REVISION TO THE COMMISSION RULES OF PROCEDURES/SCHEDULE FOR PUB LIC
COMMENTS AT COMMISSION MEETINGS
ITEM BEFORE COMMISSION
The item before the Commission is a proposed change to the Commission Rules of Procedure.
BACKGROUND
At the September 11, 2012 City Commission meeting, staff was directed to prepare changes regarding
the Commission’s Rules of Procedure. The proposed change, which is underlined, provides that public
comment on non-agenda items shall begin after approval of the cons ent agenda and if not concluded by
7:00 p.m., shall terminate and resume after the pub lic hearing portion of the agenda.
RECOMMENDATION
The City Attorney’s Office recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Chevelle D. Nubin, City Clerk
THROUGH:David T. Harden, City Manager
DATE:September 13, 2012
SUBJECT:AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
RESOLUTION NO. 50 -12
ITEM BEFORE COMMISSION
The item before Commission is to approve Resolution No. 50-12.
BACKGROUND
Staff has reviewed the Municipal Cemetery fees and conducted a survey regarding cemetery fees of
surrounding municipalities. In addition, a survey w as also conducted by the Financial Review Board
(FRB) and the Board recommended an increase in ceme tery fees. Staff concurs with the FRB and
proposes a five 5%-10% increase to the Resident fee s and a 10%-50% increase to Non-Resident fees.
The results of the surveys conducted were that the Delray Beach Memorial Gardens Cemetery has much
lower fees than surrounding municipalities. The mun icipalities surveyed were Boca Raton, Boynton
Beach, Dania Beach, Deerfield Beach, Hallandale, Ke y West, Lake Worth, Pahokee and Pompano
Beach. Summary survey information will be provided prior to the Commission Meeting. Summary
survey information will be provided to the Commissi on prior to the meeting.
The cemetery fees were last increased February 2008 . Staff recommends that the fee increases be
effective October 1, 2012.
RECOMMENDATION
Recommend approval of the cemetery fee increases.
RESOLUTION NO. 50-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 06-0 8
AND APPROVING THE ATTACHED UPDATED RULES,
REGULATIONS AND FEES FOR THE DELRAY BEACH MEMORIAL
GARDENS MUNICIPAL CEMETERY.
WHEREAS, the City Commission of the City of Delray Beach, Florida, approves the attached rules,
regulations and fees for the Delray Beach Memorial Gardens Mun icipal Cemetery.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the City Commission hereby approves the rule s, regulations and fees as set
forth in the attached documents, see Exhibit “A”, and dated Octobe r 1, 2012.
Section 2 . That the fees listed in Exhibit “A” to this resolu tion will be effective October 1,
2012.
PASSED AND ADOPTED in regular session on this 20 th day of September, 2012.
__________________________________________
M A Y O R
ATTEST:
__________________________________
City Clerk
DELRAY BEACH MEMORIAL GARDENS MUNICIPAL CEMETERY
RULES AND REGULATIONS
I. General Provisions
1. Purpose and application
2. Definitions
3. Enforcement by Cemetery Manager
4. Admission to cemetery
5. Supervisory responsibilities of manager and funer al director
6. Control of work by City
7. Gratuities not to be accepted by employees
8. Disclaimer of liability
9. Amendments
II. Interments and Disinterments
1. Application of governmental requirements
2. Interments on Sundays or holidays
3. Notice and application to manager required
4. Outer burial container
5. Instructions regarding location of spaces; orde rs given by telephone
6. Errors made by City may be corrected
7. Delays caused by protests
8. Manager not responsible for permits, embalming , or identity
9. Interment conditioned upon payment for lot
10. Interment of more than one body in grave
11. Interment of cremated remains
12. Interment in infants section
13. Disinterments and removals
14. Payment of service charges
III. Ownership
1. Sale of Internment Rights
2. Cemetery prices
3. Rights of owners
4. Inalienability of cemetery lots
5. Transfers, assignments and repurchase
6. Change of address of owner
7. Presumption of Abandonment
8. Memorials, monuments, and markers
IV. Cemetery Regulations and Rules of Conduct
1. Time grounds open
2. Decorum
3. Persons permitted
4. Use of walks required
5. Prohibitions
6. Traffic regulations
7. Decoration of cemetery plots and mausoleum
_________________________________________________________________________
I. GENERAL PROVISIONS
1. PURPOSE AND APPLICATION.
For the mutual protection of all purchasers, and for the preservation of all lots, plots,
crypts, and niches in the City of Delray Beach Memori al Gardens Municipal Cemetery,
(hereinafter referred to as “Cemetery”) these rules and regulations shall govern the
ownership, use, and control of all lots, plots, cry pts, and niches. Reference to these rules
and regulations in the certificate of ownership or deed, or in the recorded plot shall have the
same force and effect as if these rules and amendme nts were set out therein in full. The
title to all land shown on the official plats of th e Delray Beach Memorial Gardens
Municipal Cemetery, recorded in Plat Book 1, page 34 as Delray Pine Ridge Cemetery, in
Plat Book 24, page 77 as Delray Beach Cemetery of the public records of Palm Beach
County, Florida, is vested in and shall remain vest ed in the City, a municipal corporation of
the State of Florida.
2. DEFINITIONS.
For the purpose of this chapter the following defin itions shall apply unless the context
clearly indicates or requires a different meaning.
“CASKET” A rigid container that is designed for the encas ement of human remains
and this is usually constructed of wood or metal, or namented and lined with fabric.
"CEMETERY” The City of Delray Beach Memorial Gardens Municipal Cemetery.
“CEMETERY MANAGER” The City Parks and Recreation Director or his/her
designee for cemetery on-site matters.
“CEMETERY ARRANGEMENTS MANAGER” The City Clerk or his/her designee
for sales, records, and research.
"CERTIFICATE OF OWNERSHIP” The original conveyance given by the City to the
original purchaser.
“COLUMBARIUM” A structure or building that is substantially expo sed above the
ground and that is intended to be used for the inur nment of cremated remains.
“CREMATION” Any mechanical or thermal process whereby a deceas ed human
body is reduced to ashes and bone fragments.
"CRYPT " A space of sufficient size to accommodate at least one entombment in an
above ground vault.
“CRYPT – BELOW GROUND” Interment space in preplaced chambers, either sid e
by side or multiple depth, covered by earth and sod a nd known also as “lawn crypts”,
“westminsters”, or “turf top” crypts.
"ENTOMBMENT” The permanent disposition of a deceased person in a crypt,
columbarium, sarcophagus, or niche within a mausole um.
“FUNERAL” or “FUNERAL SERVICE” The observances, services, or ceremonies
held to commemorate the life of a special deceased human being and at which the human
remains are present.
“GRAVE SPACE” A space of ground in the cemetery intended to be u sed for the
interment in the ground of human remains.
"INTERMENT " The permanent disposition of the remains or cremai ns of a deceased
person in earth burial.
"LEGAL HOLIDAYS " Those annual holidays which are given by the City to its
employees.
"LOT" A numbered division as shown on the cemetery map, w hich consists of more
than one plot.
"LOT MARKER " A device made of concrete or suitable material, used by the City to
locate corners of the lot or plot.
"MANAGER " The City Parks and Recreation Director or his/her designee.
"MARKER " A memorial which does not extend above the ground.
"MAUSOLEUM " A building or structure above ground for entombmen t in vaults,
crypts, niches, columbariums, sarcophagi, or a combi nation of any one or more than one
thereof.
"MEMORIAL " A monument, marker, tablet, headstone, private mau soleum or tomb for
family or individual use, tombstone, coping, lot en closure, and surface burial vault, urn,
crypt, and niche plates or bronze lettering on cryp ts or niches.
"MONUMENT " A tombstone or memorial of granite, which shall ext end above the
surface of the ground, used to identify a grave sit e and cemetery memorials of all types,
including monuments, markers and vases.
"NICHE" A compartment or cubicle for the memorialization o r permanent placement
of a container or urn containing cremated remains.
"PLOT" A space of sufficient size to accommodate one inte rment in earth burial.
"RESIDENT " A natural person having his or her place of residen ce within the City and
having the intention to continue residing in the City for an indefinite period of time.
“URN” A receptacle designed to permanently encase crema ted remains.
3. ENFORCEMENT BY CEMETERY MANAGER.
The Cemetery Manager shall enforce these rules and regulations, and may exclude from
the Cemetery any person whose actions are not in com pliance with these rules and
regulations. The Cemetery Manager shall be in charg e of the grounds and buildings ,
including the conduct of funerals, traffic, employe es, plot owners and visitors, and shall
supervise and control all operations of the Cemeter y.
4. ADMISSION TO CEMETERY.
The City reserves the right to compel all persons d riving motor vehicles into the
Cemetery to bring their vehicles to a full stop at the entrance and further reserves the right to
refuse admission to the Cemetery grounds, and to ref use the use of any of the Cemetery or
mausoleum facilities at any time to any person whom the Cemetery Manager determines is
unwilling or incapable of abiding by these rules or the rules of general decorum.
5. SUPERVISORY RESPONSIBILITIES OF CEMETERY MANAGER AND
FUNERAL DIRECTOR.
(a) All funeral processions, on entering the Cemet ery grounds, shall be under
the direct control and supervision of the Cemetery M anager, providing that the funeral
director of the funeral shall be present to conduct the burial services in accordance with the
applicable Florida Statutes and these rules and reg ulations.
(b) Once a casket containing a body is transported into the Cemetery, a funeral
director or his embalmer, assistant, employee, or ag ent, is prohibited from opening the
casket without the consent of the legal representat ives of the deceased, or without a court
order, or without a valid disinterment permit.
(c) All funeral directors, their representatives, and aides shall be responsible for
transporting the remains of a deceased person from the funeral coach containing the
deceased's remains to the grave or crypt. At least one person from the funeral director's staff
shall be in attendance as a witness during intermen t or entombment of the deceased's
remains.
(d) Upon receiving an order from the owner of reco rd to disinter human remains
from a cemetery plot, the Cemetery Manager will direc t the removal and final disposition
of said human remains in the presence of a licensed funeral director. The Cemetery
Manager or cemetery staff shall not perform removal or transfer of human remains in the
absence of a licensed funeral director unless under order of the court.
6. CONTROL OF WORK BY CITY.
(a) All grading, landscaping work and improvements of any kind, the care of
plots, lots, crypts, and niches, all planting, trim ming, cutting, and removal of trees, shrubs,
and herbage, all openings and closings of plots, lo ts, crypts, and niches, and all interments,
entombments, disinterments, and removals shall be p erformed by the City or a designated
contractor under the supervision of the Cemetery Man ager.
(b) All improvements or alterations of lots, plots , crypts, and niches in the
Cemetery shall be performed under the supervision of the Cemetery Manager. If any
improvements and alterations are made without his/h er written consent, he/she may remove,
alter, or change the improvements or alterations at the expense of the owner. The Cemetery
Manager may also remove or change any improvements or alterations, at the owner's
expense, if at any time, in his/her judgment, they become unsightly.
7. GRATUITIES NOT TO BE ACCEPTED BY EMPLOYEES.
No person, while employed by the City, shall receive any fee, gratuity, or commission,
except from the City, either directly or indirectly.
8. DISCLAIMER OF LIABILITY.
The City shall take reasonable precaution to prote ct owners and the burial rights of
owners within the Cemetery from loss or damage; but it expressly disclaims all liability for
any loss or damage from causes beyond its control, damages caused by weather, an act of
God, common enemy, thieves, vandals, strikers, inte ntional malicious action, explosions,
invasions, insurrections, riots, civil disturbances, or order of any military, civil, or judicial
authority.
9. AMENDMENTS.
The City may exercise, and it hereby expressly reserve s, the right at any time, or times,
to adopt new rules and regulations or to amend, alte r, or repeal any rule, regulation, section,
paragraph, or sentence in these rules and regulation s.
II. INTERMENTS AND DISINTERMENTS
1. APPLICATION OF GOVERNMENTAL , REQUIREMENTS.
In addition to these rules and regulations, all inter ments, entombments, disinterments,
and removals are made subject to the orders and law s of the applicable governmental
authority.
2. INTERMENTS ON SUNDAYS OR HOLIDAYS.
No interments, entombments, disinterments, removals , or interment services shall be
permitted on Sunday or on any legal holiday except a s permitted by the Cemetery Manager
and upon the payment of applicable charges. Additi onal fees will be charged for services on
legal holiday.
3. NOTICE AND APPLICATION TO CEMETERY MANAGER REQUI RED.
(a) The Cemetery Manager shall be notified at least 24 hours prior to any
interment or entombment and at least one week prior t o any disinterment or removal except in
case of emergency or court order. The Cemetery Mana ger may refuse to make an interment
until a more expedient time if the remains arrive a t the cemetery gate after 4:00 p.m ., or if too
many funerals arrive at the same hour.
(b) The Cemetery Manager reserves the right to refus e interment or entombment
in any plot, niche, or crypt and to refuse to open any buri al or entombment space for any
purpose if a written application by a qualified plot, crypt, or niche owner of recor d is not
submitted to the Cemetery Manager.
4. OUTER BURIAL CONTAINER.
Every earth interment shall be made enclosed in a c oncrete box, or in an outer wall of
stone, concrete, or steel. An outer vault or box sh all be of a type approved by the Cemetery
Manager.
5. INSTRUCTIONS REGARDING LOCATION OF SPACES; ORDER S GIVEN BY
TELEPHONE.
(a) When instructions regarding the location of an interment space in a lot
cannot be obtained, or are indefinite, or when the interment space cannot be opened where
specified, the Cemetery Manager may at his/her discr etion open it in such location of the
lot as he/she deems best and proper, so as not to d elay the funeral.
(b) The Cemetery Manager shall not be held responsi ble for any order given by
telephone, or for any error resulting from imprecise or improper instructions regarding the
particular space, size, location, and memorializati on in a lot, crypt, or niche where interment
or entombment is desired.
6. ERRORS MADE BY CITY MAY BE CORRECTED.
The City may correct any error made by it in making in terment, disinterment, or
removal, or in the description, transfer, or conveya nce of any interment property, by
cancelling such conveyance and substituting and con veying in lieu thereof other interment
property of equal value and similar location as selected by the Cemetery Manager, or by
refunding the amount of money paid on account of sai d purchase. If the error involves the
interment of the remains of any person in a differe nt location, the Cemetery Manager shall
have the right to remove or transfer such remains s o interred to such other property of equal
value and similar location as may be substituted and conveyed in lieu thereof. The
Cemetery Manager shall also have the right to correc t any errors made by placing an
improper inscription, including an incorrect name o r date, either on the memorial, marker,
crypt, niche, or on the container for cremated rema ins.
7. DELAYS CAUSED BY PROTESTS.
The City shall not be liable for any delay in the inte rment of a body resulting from a
protest against the interment or from noncompliance with these rules and regulations. Under
such circumstances, the Cemetery Manager has the righ t to place the body in a receiving vault
until full rights have been determined. The Cemete ry Manager shall be under no duty to
recognize any protests of interments or entombments unless accompanied by supporting
documentation, including, where applicable, a court order.
8. CEMETERY MANAGER NOT RESPONSIBLE FOR PERMITS, EM BALMING,
OR IDENTITY.
The Cemetery Manager shall not be responsible for ob taining interment or
entombment permits or for the identity of the person sought to be interred, or the
embalming of the body.
9. INTERMENT CONDITIONED UPON PAYMENT.
No interment shall be permitted on or memorial plac ed in or on, any lot or plot in
the Cemetery where the purchase price thereof has no t been paid in full.
10. INTERMENT OF MORE THAN ONE BODY IN GRAVE.
Not more than one body, or the remains of more than one body, shall be interred in
any one grave or single crypt, except in the case of a mother and her infant, unless the
grave has been purchased with the written agreement that more than one body or the
remains of more than one body shall be interred ther ein; provided that proper identification
is made of such interment or interments on one regu lation marker. The space required for
the interment of cremated remains shall be the stan dard plot size; however, the remains of
two cremated decedents or one body with one cremated decedent may be interred in one
plot.
11. INTERMENT OF CREMATED REMAINS.
(a) The Cemetery Manager shall designate an appropr iate section of the
Cemetery for interment of cremated remains. Plots wi thin this section shall be of
appropriate size, and the cremated remains of only o ne deceased person may be interred in
each plot.
(b) Cremated remains of a deceased person must be contained in a metal,
concrete, stone, marble, or granite container for e arth burial. If the cremated remains are in
a container of wood, plastic, or other perishable m aterial, the container shall be encased
inside a concrete or metal vault for earth burial.
12. INTERMENT IN INFANTS SECTION .
The Cemetery Manager shall designate an appropriate section of the Cemetery for
interment of infant remains. Plots within the reser ved section shall be of appropriate size to
permit the interment of one infant less than one yea r of age.
13. DISINTERMENTS AND REMOVALS.
(a) A body or cremated remains may be removed from its original lot or plot,
crypt, or niche to a larger or better lot or plot, crypt, or niche in the Cemetery or mausoleum,
where there has been an exchange or purchase for th at purpose and where all fees and
additional charges have been paid in full.
(b) The Cemetery Manager shall exercise reasonable care in making a removal,
but assumes no liability for damage to any casket, b urial case, or urn incurred in making the
removal.
(c) The disinterment and reinterment of a body sha ll require the physical presence
of a licensed funeral director, Cemetery Manager and cemetery personnel. The funeral
director shall obtain written authorization from a legally authorized person prior to the
disinterment and reinterment of a dead human body.
The disinterment and reinterment of cremated re mains shall require the
physical presence of the Cemetery Manager and cemet ery personnel. The requester must
provide written notarized authorization from a lega lly authorized person to the Cemetery
Arrangement Manager prior to the disinterment and r einterment.
14. PAYMENT OF SERVICE CHARGES.
The charges for services in connection with an inte rment must be paid to the Cemetery
Arrangements Manager a minimum of 72 hours prior to t he closing of the grave. Charges for
disinterments or removal must be paid at the time of issuance of the order for s ame.
III. OWNERSHIP
1. SALE OF INTERMENT RIGHTS
(a) The sale of interment rights shall be restricted to indivi duals who, at time of sale,
reside in the City, or are purchasing for a deceased resident of the city, or at the time of sale, are
immediate family members of the resident to be interred. Th e individual(s) must provide
adequate proof of residency within the city limits of the City of Delray Beach or kinship .
(b) A non-resident with an already interred immediate family member is eligible to
purchase a cemetery space, mausoleum niches and crypt spaces for personal interment.
Immediate family members are limited to spouse, children, gr andchildren, mother, father,
brother, sister, grandfather or grandmother, lawful guardian or depe ndent, of a person already
interred. The individual(s) must provide adequate proof of residency wi thin the city limits of the
City of Delray Beach or kinship.
(c) Any non-resident may purchase Mausoleum niches and crypt spaces.
2. CEMETERY PRICES.
The prices for the Delray Beach Memorial Gardens Mun icipal Cemetery are set forth in
Exhibit “A”, attached hereto.
3. RIGHTS OF OWNERS.
(a) Right of interment under owner's certificate of ownership or deed. At the time
of purchase of a lot or plot, lot or plot, crypt, or niche and at any time thereafter during the
purchaser's lifetime, an owner shall execute a decl aration of reservation specifically
designating the persons entitled to be buried in th e plot or in any or all of the plots in a lot, or
vesting the right of designation for unreserved plo ts in a named person. Upon application by
any person for interment of a body in a given buria l space, the burden of proof as to the
identity of the person to be interred rests upon th e applicant. The Cemetery Manager is
authorized to rely on the representations as provid ed in the application.
(b) Right of interment in absence of owner's declar ation of reservation. In the
absence of a declaration of reservation, the order of interment shall be:
(i) One burial space shall be forever reserved fo r the owner and for the
owner's surviving spouse, if any.
(ii) Lineal descendants of the owner, or owners, and their respective
spouses.
(iii) Parents of the owner, or owners.
(c) Vested rights of owners. The burial rights of a ny owner shall be presumed to
be the sole and separate property of the person nam ed as grantee in the certificate of
ownership or deed; provided, however, that the spou se of an owner shall have a vested right
of interment of his/her body in any burial space co nveyed to the other spouse, provided that
such person shall remain the spouse of the owner or shall be the spouse at the time of the
owner's demise. No conveyance or transfer of a lot or plot shall be made by a married owner
without the joinder of the spouse.
4. INALIENABILITY OF CEMETERY LOTS.
All lots, the use of which has been conveyed in a ce rtificate of ownership or deed, are
indivisible. Whenever an interment of the remains of a member, or of a relative of a
member of the family of the record owner, or of the record owner, is made in a lot, the lot
thereby becomes inalienable, and shall be held as se t forth in the declaration of reservation.
5. TRANSFERS, ASSIGNMENTS AND REPURCHASE
(a) Cemetery lots, plots, crypts and niches may be transferred and assigned
providing that, upon such transfer, the City shall be paid the difference between the original
charge for the lot, plot, crypt or niche and the cu rrent charge for such lot, plot, crypt or
niche.
(b) No transfer or assignment of any lot, plot, cry pt or niche or interest therein
shall be valid without the consent in writing of th e City Manager. Transfer or assignment
must be made upon forms provided by the City for th is purpose. The original certificate or
deed must be presented at the time application for transfer is made.
(c) A fee of $50.00 $75.00 shall be charged for a transfer of ownership in lo ts,
plots, crypts and niches, which shall be paid prior to the City granting approval of the
transfer.
(d) An owner of a lot, plot, crypt or niche may onl y sell such lot, plot, crypt or
niche to the City. If the City purchases the lot, wh ich decision shall be in the City’s sole
discretion, the City shall pay to the owner the cost originally paid by the owner. The
original certificate or deed shall be required for the repurchase.
6. CHANGE OF ADDRESS OF OWNER.
It shall be the duty of the lot, plot, niche, or cry pt owner to notify the Cemetery
Arrangements Manager of any change in his/her post office address. Notice sent to a lot,
plot, niche, or crypt owner at the last address on file in the office of the Cemetery
Arrangements Manager shall be deemed sufficient leg al notice.
7. PRESUMPTION OF ABANDONMENT.
(a) There is hereby created a presumption that burial ri ghts in the Cemetery have
been abandoned when an owner of unused burial rights has failed to provi de the Cemetery with a
current residence address for a period of 30 consecutive years and the Cemetery is unable to
communicate by certified letter with said owner of unused burial rights for lack of address. No
such presumption of abandonment shall exist for burial rights held in common ownership which
are adjoining, whether in a grave space, plot, mausoleum, columbari um, or other place of
interment, if any such burial rights have been used within such common ownership .
(b) Upon the occurrence of a presumption of abandonment, the City s hall publish
notice in a newspaper of general circulation in the County which shall provide the name of the
owner and burial rights under the presumption of abandonment. If the o wner or heir (who can
prove ownership interest) fails to come forward within 30 days of such notice, the burial rights
shall be presumed to be abandoned and the City may resell such burial rights. In the event the
City sells such burial rights and the owner or heir then makes cla im, the owner or heir shall only
be entitled to a refund of the monies that were paid initially for the purchas e of the burial rights.
8. MEMORIALS, MONUMENTS, AND MARKERS.
(a) The placement, location, erection, and constru ction of all memorials,
monuments, and markers within the Cemetery grounds s hall be done by a licensed installer
subject to the approval and under the supervision o f the Cemetery Manager. Whenever
possible , all new memorials shall be located in line with those previously established , and
all placements shall conform to the size of the plo t or lot for which it is intended.
(b) No memorials or monuments shall be permitted a bove ground in any section
of the Cemetery grounds.
IV. CEMETERY REGULATIONS AND RULES OF CONDUCT
1. TIME GROUNDS OPEN.
The Cemetery grounds shall be open during the hours of 7:00 a.m. to 6:00 p.m. Monday
through Sunday and such hours as may be extended at the discretion of the Cemetery
Manager.
2. DECORUM.
Strict decorum shall be observed at all times withi n the Cemetery grounds, whether set
forth in these rules or not.
3. PERSONS PERMITTED.
(a) Only authorized personnel and visitors, owners, and relatives shall be
permitted in the cemetery and mausoleum grounds.
(b) Children under 15 years shall not be permitted within the cemetery or its
buildings unless accompanied by an adult.
4. USE OF WALKS REQUIRED.
Persons within the cemetery and mausoleum grounds sh all use only the avenues,
walks, alleys, and roads.
5. PROHIBITIONS.
(a) Interfering with plants or wildlife. All person s are prohibited from gathering
flowers, either wild or cultivated, or disturbing t rees, shrubbery, or plants, or feeding or
disturbing the wildlife within the Cemetery or mauso leum grounds.
(b) Refreshments. No person shall be permitted to bring food or refreshments
within the Cemetery or mausoleum grounds.
(c) Lounging on grounds. No one shall be permitted to sit or lounge on any of
the grounds, graves, or monuments in the Cemetery or mausoleum.
(d) Littering. Littering is expressly prohibited anywhere within the Cemetery and
its buildings.
(e) Peddling or soliciting. Peddling of flowers o r plants or soliciting the sale of
any item is prohibited within the boundaries of the Cemetery.
(f) Firearms. Possession of firearms is prohibited within the Cemetery except by
duly authorized law enforcement agencies.
(g) Notices and advertisements. No signs, notices, or advertisements of any kind
shall be allowed in the Cemetery unless placed by the City.
(h) Pets. Pets shall not be allowed on the Cemeter y grounds.
6. TRAFFIC REGULATIONS.
(a) No person shall drive any motor vehicle within the Cemetery grounds at a
speed greater than is reasonable in light of any act ivity when occurring within the
Cemetery, provided that no motor vehicle shall be op erated at a speed greater than ten
miles per hour. All motor vehicles shall be driven on the right side of the Cemetery
roadway, and shall at all times remain on the paved portions of such roadways which are
specifically provided for motor vehicle usage. No mo tor vehicles shall be parked or driven
on or upon any pedestrian paths, walkways, or unpaved areas, nor parked or stopped
adjacent to any open grave except in attendance for the services in connection therewith.
(b) No bicycles or motorcycles shall be admitted to the Cemetery except such as
may be in attendance at funerals or on official bus iness.
7. DECORATION OF CEMETERY PLOTS AND MAUSOLEUM.
(a) No flower receptacles may be placed on any plot u nless of approved material,
size, and design. The Cemetery Manager shall have t he authority to remove all floral
designs, flowers, weeds, trees, shrubs, plants, or herbage of any kind, from the Cemetery or
mausoleum as soon as, in the judgment of the Cemete ry Manager, they become unsightly,
dangerous, detrimental, or diseased, or when they do not conform to the standard maintained.
The City shall not be liable for floral pieces, bas kets, or frames in which, or to which, such
floral pieces are attached, beyond the acceptance o f such floral pieces for funeral services
held in the Cemetery or mausoleum. The Cemetery Man ager shall not be responsible for
frozen plants, or herbage of any kind, or for plant ings, damages by the elements, thieves,
vandals, or by other causes beyond his control. The Cemetery Manager reserves the right to
regulate the method of decorating plots so that a u niform beauty may be maintained. The
Cemetery Manager reserves the right to prevent the removal of any flowers, floral designs,
trees, shrubs, plants, or herbage of any kind, unle ss consent is given.
(b) The placing of boxes, shells, toys, metal desi gned ornaments, chairs, settees,
glass, wood, or iron cases, and similar articles upo n plots shall not be permitted, and if so
placed the Cemetery Manager reserves the right to r emove same.
(c) No artificial flowers are permitted in or arou nd mausoleum buildings. No
flowers or attachment for same can appear on front of crypts or niches. All remembrances
(flowers) must be placed in front of or near a part icular crypt or niche and can remain for a
maximum period of three days. After the third day, said flowers will be removed and
disposed of.
(d) No potted plants containing soil, perlite, or other loose materials are permitted
in chapels or walkways in the mausoleum except for the holiday s of Easter, Mother's Day,
Father's Day, and Christmas. In those instances, t he potted plants shall be removed within 48
hours after the holiday.
EXHIBIT “A”
PRE -NEED/AT -NEED PLOTS PRICE S
Resident $575.00 $600.00
No n -Resident $935.00 $1,200.00
Infant Resident – (fetus, newborn to one (1) years old) $52.50 $150.00
Infant Non -Resident $110.00 $300.00
Plot Sizes:
Adult: 4 feet by 8 feet
Infant: 2 feet by 4 feet
OPENING & CLOSINGS FEES FOR INTERMENT**
Resident Sun -Mon $630.00 $695.00
Non-Resident Sun -Mon $660.00 $990.00
Infant Resident Sun -Mon $125.00 $175.00
Infant Non-Resident Sun -Mon $150.00 $225.00
Resident/Cremains (with set up) Sun -Mon $225.00 $275.00
Resident/Cremains (no set up) Sun -Mon $150.00 $200.00
Non-Resident/Cremains (with set up) Sun -Mon $250.00 $375.00
Non-Resident/Cremains (no set up) Sun -Mon $175.00 $265.00
Resident Tues-Sat $525.00 $575.00
Non-Resident Tues-Sat $550.00 $800.00
Infant Resident Tues-Sat $50.00 $100.00
Infant Non-Resident Tues-Sat $100.00 $200.00
Resident/Cremains (no set up) Tues-Sat $75.00 $100.00
Resident/Cremains (with set-up) Tues-Sat $125.0 0 $150.00
Non-Resident/Cremains (no set up) Tues-Sat $10 0.00 $150.00
Non-Resident/Cremains (with set up) Tues-Sat $150.00 $225.00
** Opening and Closing Cost includes set -up with tent and or chairs, unless
otherwise indicated.
If funeral services start or extend beyond 4:00 p.m ., a fee of $100.00 $150.00 per
hour shall be charged until such service is conclud ed. Such fee shall be paid either
prior to the funeral service (if scheduled to start or conclude beyond 4:00 p.m.) or
within 10 days of receiving an invoice from the Cit y.
Note: The above referenced opening and closing fees are a pplicable for
disinterments and reinterments of a body and cremat ed remains .
MAUSOLEUM PRICE LIST
LEVELS PRE -NEED/AT -NEED
RESIDENT
PER INTERMENT
PRE -NEED/AT -NEED
NON-RESIDENT
PER INTERMENT
SI DE BY SIDE
(Double)
Size: 3 feet by 8 feet
Current Proposed Current Proposed
Sixth $3,640.00 $3,82 2 .00 $4,660.00 $5,1 26 .00
Fifth $3,640.00 $3,82 2 .00 $4,660.00 $5,1 26 .00
Fourth $4,340.00 $4,55 7 .00 $5,425.00 $5,9 68 .00
Third $4,340.00 $4,55 7 .00 $5,425 .00 $5,9 68 .00
Second $4,040.00 $4,24 2 .00 $5,050.00 $5,555.00
First $4,040.00 $4,24 2 .00 $5,050.00 $5,555.00
TRUE COMPANION
(Head to Head)
Size: 3 feet by 16 feet
Sixth $3,440.00 $3,61 2 .00 $4,300.00 $4,730.00
Fifth $3,440.00 $3,61 2 .00 $4,300.00 $4,730.00
Fourth $4,140.00 $4,3 47 .00 $5,175.00 $5,69 2 .00
Third $4,140.00 $4,3 47 .00 $5,175.00 $5,69 2 .00
Second $3,840.00 $4,030.00 $4,800.00 $5,280.00
First $3,840.00 $4,030.00 $4,800.00 $5,280.00
CREMATION NICHES
Size: 11 inches by 11 inches by 11 inches in side d imensions
Twelfth $595.00 $625.00 $714.00 $785.00
Eleventh $595.00 $625.00 $714.00 $785.00
Tenth $595.00 $625.00 $714.00 $785.00
Ninth $595.00 $625.00 $714.00 $785.00
Eight $595.00 $625.00 $714.00 $785.00
Seventh $795.00 $835.00 $7 14.00 $1,050.00
Sixth $795.00 $835.00 $954.00 $1,050.00
Fifth $795.00 $835.00 $954.00 $1,050.00
Fourth $795.00 $835.00 $954.00 $1,050.00
Third $795.00 $835.00 $954.00 $1,050.00
Second $695.00 $730.00 $834.00 $91 7 .00
First $695.00 $730.00 $834.00 $91 7 .00
All prices include opening and closing fee and lett ering.
**Price is per interment of a body and cremated rem ains.
Fi
n
a
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i
a
l
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e
v
i
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o
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s
FI
N
A
L
F
R
B
City Staff Comments
RE
C
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E
N
D
A
T
I
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N
DE
P
A
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8
/
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1
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FE
E
Pa
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s
&
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5
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4
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2
0
1
1
1
.
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a
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n
o
n
-
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+
$
5
t
o
+
$
1
0
Re
s
i
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t
f
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+
5
0
%
t
o
1
0
0
%
De
l
r
a
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s
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no
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-
r
e
s
i
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5
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t
o
1
0
0
%
a
t
ma
n
a
g
e
m
e
n
t
d
i
s
c
r
e
t
i
o
n
Our current non-resident fees in many cases exceed 25% over resident fees Our neighboring cities charge a flat 25% or less for non-residents. See attached.
N
e
w
R
e
c
o
m
m
e
n
d
a
t
i
o
n
:
1
.
I
n
c
r
e
a
s
e
a
l
l
P
&
R
F
e
e
s
b
y
5
%
Va
r
i
o
u
s
Va
r
i
o
u
s
+
5
%
To
b
e
t
t
e
r
f
u
n
d
P
&
R
D
e
p
a
r
t
m
e
n
t
As
p
r
o
p
o
s
e
d
We last raised some parks and rec fees in Sept. 2011. Fees have been increasing since 2009.
2
.
G
o
l
f
f
e
e
s
-
n
o
n
-
R
e
s
i
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e
n
t
s
Va
r
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u
s
Va
r
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s
+
1
0
%
De
l
r
a
y
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e
s
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b
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no
n
-
r
e
s
i
d
e
n
t
s
As
p
e
r
s
t
a
f
f
re
c
o
m
m
e
n
d
a
t
i
o
n
s
o
n
8
/
7
/
2
0
1
2
Proposed rates will be on 9/4 Commission agenda for approval
3
.
T
e
n
n
i
s
f
e
e
s
-
n
o
n
-
R
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s
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s
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r
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s
+
1
0
%
De
l
r
a
y
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e
s
i
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n
t
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s
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d
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t
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b
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i
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e
no
n
-
r
e
s
i
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e
n
t
s
As
p
e
r
s
t
a
f
f
re
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m
m
e
n
d
a
t
i
o
n
s
o
n
8
/
7
/
2
0
1
2
Proposed rates will be on 9/4 Commission agenda for approval
FR
B
f
u
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h
e
r
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c
o
m
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e
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d
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t
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a
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C
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&
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r
a
m
s
a
t
R
e
s
i
d
e
n
t
R
a
t
e
s
Parks and Rec programs - Employees do pay resident rate (also no charge for employee pool use); Golf/tennis rate would need to be discussed further
Ce
m
e
t
e
r
y
1
.
I
n
c
r
e
a
s
e
p
l
o
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s
i
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t
-
$
5
7
5
$6
0
0
Ha
s
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a
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d
r
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c
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n
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l
y
As
p
r
o
p
o
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e
d
The Clerk's Office has
No
n
-
R
e
s
i
d
e
n
t
-
$
9
3
5
$1
,
2
0
0
Re
s
i
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n
t
s
s
h
o
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d
n
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t
s
u
b
s
i
d
i
z
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As
p
r
o
p
o
s
e
d
received corresponding
n
o
n
-
r
e
s
i
d
e
n
t
s
i
n
f
o
r
m
a
t
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m
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r
2
.
I
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r
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a
s
e
o
p
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n
/
c
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f
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s
Re
s
i
d
e
n
t
-
$
5
2
5
-
$
6
3
0
municipalities for comparison.
No
n
-
R
e
s
-
$
5
5
0
-
$
6
6
0
do
u
b
l
e
r
e
s
i
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e
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t
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s
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o
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b
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d
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z
e
50
%
a
b
o
v
e
r
e
s
i
d
e
n
t
f
e
e
s
Staff also received FRB
n
o
n
-
r
e
s
i
d
e
n
t
s
($
7
8
8
-
$
9
4
5
)
*
recommendations and will
3
.
P
e
r
p
e
t
u
a
l
c
a
r
e
f
e
e
(
1
-
t
i
m
e
f
e
e
)
T
o
f
u
n
d
c
e
m
e
t
e
r
y
o
p
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r
a
t
i
o
n
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r
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f
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t
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o
R
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s
i
d
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n
t
s
no
n
e
B
o
c
a
c
h
a
r
g
e
s
$
9
1
0
$2
0
0
consideration. Staff will be
N
o
n
-
R
e
s
i
d
e
n
t
s
no
n
e
R
e
s
i
d
e
n
t
s
s
h
o
u
l
d
n
o
t
s
u
b
s
i
d
i
z
e
$4
0
0
preparing an agenda time for
n
o
n
-
r
e
s
i
d
e
n
t
s
c
e
m
e
t
e
r
y
r
a
t
e
r
e
v
i
s
i
o
n
s
f
o
r
t
h
e
4
.
O
t
h
e
r
c
e
m
e
t
e
r
y
f
e
e
s
-
R
e
s
i
d
e
n
t
s
va
r
i
o
u
s
va
r
i
o
u
s
+
Va
r
i
o
u
s
+
5
%
Sept. 7, 2012 Regular Meeting.
-
N
o
n
-
R
e
s
i
d
e
n
t
s
va
r
i
o
u
s
va
r
i
o
u
s
+
Va
r
i
o
u
s
+
1
0
%
*N
o
t
e
-
d
o
l
l
a
r
a
m
o
u
n
t
s
a
d
d
e
d
s
i
n
c
e
p
r
e
v
i
o
u
s
v
e
r
s
i
o
n
w
a
s
d
i
s
t
r
i
b
u
t
e
d
8/27/12
MU
N
I
C
I
P
A
L
I
T
Y
Ad
u
l
t
s
In
f
a
n
t
s
Ad
u
l
t
s
In
f
a
n
t
s
Ad
u
l
t
s
In
f
a
n
t
s
CO
M
M
E
N
T
S
Ci
t
y
of
De
l
r
a
y
Be
a
c
h
$ 57
5
R
$ 93
5
NR
$ 52
.
5
0
R
$ 11
0
NR
$ 52
5
R
$ 55
0
NR
$5
0
R
$ 10
0
NR
$ 12
5
R
$ 15
0
NR
N
/
A
Ad
d
i
t
i
o
n
a
l
ra
t
e
s
fo
r
se
r
v
i
c
e
s
on Sundays and
Mo
n
d
a
y
s
.
**
Pr
o
p
o
s
e
d
Fe
e
s
$6
0
0
R
$1
,
2
0
0
N R
$1
5
0
R
$3
0
0
NR
$5
7
5
R
$8
0
0
NR
$1
0
0
R
$2
0
0
NR
$1
5
0
R
$2
2
5
NR
N
/
A
T
u
e
s
d
a
y
‐
Sa
t
u
r
d
a
y
Op
e
n
i
n
g
/
C
l
o
s
i
n
g
Fees
Ci
t
y
of
Bo
c
a
Ra
t
o
n
$1
,
5
1
0
N
/
A
$
70
5
‐
1,
0
6
0
$
60
0
‐
1,
0
0
0
$
3
5
0
N
/
A
Ra
t
e
s
in
c
r
e
a
s
e
af
t
e
r
3 pm
on weekdays and
af
t
e
r
12
no
o
n
on
we
e
k
e
n
d
s
and holiday s
Ci
t
y
of
Pa
h
o
k
e
e
$ 99
5
‐
2,
2
8
5
N/
A
$
69
5
‐99
5
$
9
5
N
/
A
N
/
A
No
bu
r
i
a
l
s
on
Su
n
d
a
y
s
Ad
d
i
t
i
o
n
a
l
ra
t
e
s
wi
l
l
ap
p
l
y
on holiday s
Ci
t
y
of
La
k
e
Wo
r
t
h
$ 75
0
R
$ 1,
2
0
0
NR
$ 15
0
R
$ 35
0
NR
$
5
0
0
$
2
5
0
$
1
7
5
N
/
A
Ra
t
e
s
in
c
r
e
a
s
e
af
t
e
r
3 pm
on weekdays and
af
t
e
r
12
no
o
n
on
we
e
k
e
n
d
s
and holiday s
Ci
t
y
of
Po
m
p
a
n
o
Bc
h
$1
,
2
7
5
‐
1,
7
0
0
R
$1
,
8
0
0
‐
$2
,
0
0
0
NR
$4
5
0
‐
60
0
R
$7
0
0
‐
90
0
NR
$
8
5
0
$
2
5
0
N
/
A
N
/
A
Ra
t
e
s
in
c
r
e
a
s
e
af
t
e
r
3 pm
on weekdays, and
we
e
k
e
n
d
s
.
Ad
d
i
t
i
o
n
a
l
ra
t
e
s
are charges on City
ob
s
e
r
v
e
d
ho
l
i
d
a
y
s
.
Ci
t
y
of
Da
n
i
a
Bc
h
$ 60
0
R
$ 1,
5
0
0
NR
$ 40
0
R
$ 60
0
NR
$ 45
0
R
$ 1,
5
0
0
NR
N
/
A
N
/
A
N
/
A
Ad
d
i
t
i
o
n
a
l
ra
t
e
s
wi
l
l
ap
p
l
y
for Saturday
se
r
v
i
c
e
s
.
Ci
t
y
of
De
e
r
f
i
e
l
d
Bc
h
$ 60
0
R
$ 1,
8
0
0
NR
$ 20
0
R
$ 35
0
NR
$
5
3
5
$
5
3
5
$
3
3
5
$
3
3
5
Ov
e
r
t
i
m
e
is
ch
a
r
g
e
d
fo
r
services performed on
we
e
k
e
n
d
s
an
d
le
g
a
l
ho
l
i
d
a
y
s
.
Ci
t
y
of
Bo
y
n
t
o
n
Bc
h
$ 52
5
R
$ 1,
1
2
5
NR
N
/
A
$ 40
0
$ 40
0
$
35
0
R
$ 52
5
NR
N
/
A
E qu
i pm
e
n
t se
t ‐up
(c h a i rs an d t en t) requ i res an
ad
d
i
t
o
n
a
l
fe
e
.
In
c
r
e
a
s
e
d
rates on all services
he
l
d
on
Sa
t
u
r
d
a
y
,
Su
n
d
a
y
and the holidays.
Ad
d
i
t
i
o
n
a
l
fe
e
s
ar
e
ch
a
r
g
e
d
for services after
2:
3
0
p
.
Ci
t
y
of
Ha
l
l
a
n
d
a
l
e
Bc
h
$ 72
8
R
$ 1,
2
8
0
NR
N/
A
$ 40
0
R
$ 75
0
NR
$1
6
0
N
/
A
$ 13
9
.
0
4
(N
o
Se
t
Up
)
N/
A
PL
O
T
S
O
P
E
N
I
N
G
/
C
L
O
S
I
N
G
C
R
E
M
A
I
N
S
**
P
l
e
a
s
e
no
t
e
:
"R
"
‐
Re
s
i
d
e
n
t
Ra
t
e
s
"N
R
"
‐
No
n
‐Re
s
i
d
e
n
t
Ra
t
e
s
PR
E
‐NE
E
D
/
A
T
‐NE
E
D
PL
O
T
S
Cu
r
r
e
n
t
Pr
o
p
o
s
e
d
Pe
r
c
e
n
t
a
g
e
In
c
r
e
a
s
e
Re
s
i
d
e
n
t
57
5
.
0
0
60
0
.
0
0
4.
3
5
%
No
n
‐Re
s
i
d
e
n
t
9
3
5
.
0
0
1,
2
0
0
.
0
0
28
.
3
4
%
In
f
a
n
t
Re
s
i
d
e
n
t
– (f
e
t
u
s
,
ne
w
b
o
r
n
to
on
e
(1
)
ye
a
r
s
ol
d
)
5
2
.
5
0
15
0
.
0
0
18
5
.
7
1
%
In
f
a
n
t
No
n
‐Re
s
i
d
e
n
t
1
1
0
.
0
0
30
0
.
0
0
17
2
.
7
3
%
PL
O
T
SI
Z
E
S
:
Ad
u
l
t
:
4 fe
e
t
by
8 fe
e
t
In
f
a
n
t
:
2 fe
e
t
by
4 fe
e
t
Re
s
i
d
e
n
t
Su
n
‐Mo
n
6
3
0
.
0
0
69
5
.
0
0
10
.
3
2
%
No
n
‐Re
s
i
d
e
n
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 6, 2012
SUBJECT:AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
APPOINTMENT TO THE WORKFORCE ALLIANCE INC. BOARD OF DIRECTORS
ITEM BEFORE COMMISSION
This item is before Commission to appoint an individual to represent the Delray Beach privat e
sector on the Workforce Alliance Inc. Board of Dire ctors.
BACKGROUND
Mr. Thomas Lynch resigned from the Workforce Allian ce, Inc. Board of Directors on July 20, 2012 as
the City of Delray Beach’s Private Sector appointme nt.
In accordance with “Article 9. Duties and Responsibilities of the Palm Beach Workforce Development
Consortium” and “Attachment 1” of the Interlocal Agreement, an individual from the private sector
must be appointed to the Workforce Alliance Inc. Bo ard of Directors.
We contacted Mr. Mike Malone, President of the Grea ter Delray Beach Chamber of Commerce, for
suggestions on who might be willing to serve in thi s capacity. He recommended Mr. Mark Bryan, Chief
Executive Officer of Delray Medical Center be appo inted to this position.
RECOMMENDATION
Appoint an individual to serve as a representative from the private sector to the Workforce Alliance
Inc. Board of Directors.
1
Wynn, Kimberly From:Harden, David Sent:Thursday, September 06, 2012 9:54 AM To:Wynn, Kimberly; Nubin, Chevelle; Smith, Douglas Subject:FW: Workforce Board Appointment
From: Michael Malone [mailto:Mike@delraybeach.com]
Sent: Thursday, September 06, 2012 9:52 AM
To: Harden, David
Subject: Workforce Board Appointment
David:
Please remove my name for consideration. I would recommend the following person from the private sector for this
position:
Mark H. Bryan
Chief Executive Officer
Delray Medical Center
5352 Linton Blvd.
Delray Beach, Florida 33484
561-495-3100
Thank you for considering me. I fell Mark will make an excellent member of the Workforce Alliance Board and represent
our community well. Thank you.
Michael Malone, CCE
President
Greater Delray Beach Chamber of Commerce
64 SE 5 th Avenue
Delray Beach, Florida 33483
561 ‐278 ‐0424
www.delraybeach.com
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:September 13, 2012
SUBJECT:AGENDA ITEM 8.O. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
ITEM BEFORE COMMISSION
The action requested of the City Commission is revi ew of appealable actions which were taken by
various Boards during the period of September 3, 20 12 through September 14, 2012.
BACKGROUND
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed to the City Commissio n. After this meeting, the appeal period shall
expire (unless the 10 day appeal period has not occ urred). Section 2.4.7(E), Appeals, of the LDRs
applies. In summary, it provides that the City Comm ission hears appeals of actions taken by an
approving Board. It also provides that the City Com mission may file an appeal. To do so:
· The item must be raised by a Commission member.
· By motion, an action must be taken to place the ite m on the next meeting of the
Commission as an appealed item.
REVIEW BY OTHERS
Site Plan Review and Appearance Board Meeting of Se ptember 12, 2012
A. Tabled (6 to 0, Scott Porten absent), an amendment to the master sign program for the Bed Bath
& Beyond Plaza, to allow the installation of a new tenant sign for Enterprise Rent-A-Car ,
located at 14832 South Military trail (southeast co rner of Military Trail and West Atlantic
Avenue).
B. Approved (4 to 2, Alice Finst and Rustem Kupi disse nting), a request for a color change for
Wnyr Properties , an existing commercial establishment located at 9 50 SW 17 th Avenue (west
side of SW 17 th Avenue, north of SW 10 th Street).
C. Tabled (6 to 0), a Class I site plan modification f or architectural elevation change associated
with the installation of a storefront awning for Boheme Bistro , located at 1118 East Atlantic
Avenue (southeast corner of East Atlantic Avenue an d Palm Square).
D. Approved with conditions (6 to 0), a request for a reconsideration of the color palate for Phase
III of the Village Square development, located on the east side of Auburn Av enue, between SW
7 th Street and SW 10 th Street.
RECOMMENDATION
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Begoña Krane, Engineer
Richard C, Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 8.P.1 - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
CONTRACT AWARD/INTERCOUNTY ENGINEERING, INC.
ITEM BEFORE COMMISSION
The attached agenda item is a request for Commissio n approval/authorization for the Mayor to execute
a construction contract with Intercounty Engineerin g for the construction of a drainage improvement
project on Lowry Street on the barrier island.
BACKGROUND
The subject drainage improvement project was develo ped late last year subsequent to an unusually
intense rainfall event which resulted in flooding o f older residences on the south side of Lowry Stree t
that had not historically experienced such flooding . The event coincided with the construction of a n ew
subdivision across the street from the affected hom es which required a significant volume of fill to
raise proposed floor elevations in order to comply with current FEMA requirements resulting in lost
basin storage. This project will expand the draina ge system serving the area and increase its capacit y to
handle storm water runoff. Additional projects on the barrier island to increase system capacity are
anticipated in the future in order to mitigate the impact of new development and redevelopment in olde r
low lying neighborhoods.
The scope of this contract includes the constructio n of 173 linear feet of 30” pipe, 110 linear feet o f 24 ”
pipe, 6” deep roadside swales, clearing and grubbing, gradin g, sod, and maintenance of traffic at Lowry
Street.
Three quotes were received for this project. Interc ounty Engineering was low with a total bid amount o f
$56,384.00. The bid tabulation, and location map ar e attached.
FUNDING SOURCE
Funding is available in Storm Water Utility account #448-5461-538-63.90 after budget transfer.
RECOMMENDATION
Staff recommends the approval of a contract award t o Intercounty Engineering for the construction of a
drainage improvement project on Lowry Street.
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9/11/2012
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH:David T. Harden, City Manager
DATE:September 7, 2012
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
ADOPTION OF THE SOUTH FEDERAL HIGHWAY REDEVELOPMENT PLAN
ITEM BEFORE COMMISSION
Consider adoption of the “South Federal Highway Red evelopment Plan”, which covers the commercial
properties on both sides of South Federal Highway b etween Linton Boulevard on the north and the city
limits to the south. This item was postponed from t he August 21, 2012 and September 4, 2012 City
Commission Meetings.
BACKGROUND
The purpose of a Redevelopment Plan is to identify the specific deficiencies and assets of an area,
evaluate the existing and potential uses, and ident ify specific measures for arresting decline, facili tating
new development, and enhancing the quality of life for residents of the area. Six of these areas were
originally depicted on the 1989 Future Land Use Map as Redevelopment Areas #1 through #6.
Additional areas, including South Federal Highway, have been added since to address changes in
conditions.
In 2008, City leaders saw how volatile the automoti ve industry had become and became concerned that
the large amount of automotive dealerships on South Federal Highway would not be sustainable in the
long term. If the industry imploded and dealers beg an to withdraw from the area, there would be a majo r
economic impact on the corridor and the City as a w hole. The City Commission wanted the area to be
evaluated and a Plan prepared that would help the a rea to become more sustainable. A Policy dealing
with this area was added to the Comprehensive Plan in Amendment 2008-1, adopted on December 9,
2008.
In 2010, an attempt by Walmart to rezone the former Ralph Buick property on the east side of South
Federal Highway from AC (Automotive Commercial) to PC (Planned Commercial) met considerable
opposition from the residents of the adjacent neigh borhood based on compatibility. The rezoning
ultimately failed and the property is still vacant. A series of public workshops were held in 2011 to
engage residents in a discussion of exactly what th eir objections were and how they might be addressed
in the upcoming Redevelopment Plan for the area. St aff’s goal was to separate the use issues from the
site planning issues and strike a balance between t he residents’ needs and the needs of the commercial
property owners.
Initially, the primary intent of the Redevelopment Plan was to deal with land use issues and
sustainability. However, to increase the comfort le vel of the adjacent neighborhoods and ensure
compatibility, the Plan was expanded to include a n umber of buffering and setback provisions, as well
as a limitation on maximum tenant size. Although so me compromise will be necessary, with these
provisions in place, staff is confident that the re sidents’ concerns can be addressed while ensuring that
the commercial corridor remains viable for commerci al development and that this redevelopment area
becomes a catalyst for economic development in the City.
A complete background on the Redevelopment Plan can be found in the attached Planning and Zoning
Board Staff Report.
REVIEW BY OTHERS
At its meeting of July 16, 2012, the Planning and Z oning Board held a public hearing on the proposed
Redevelopment Plan. Staff presented the Plan and se veral members of the public spoke about the various
components of the Plan, including the proposed rezo nings, the maximum tenant size, buffer
requirements and restrictions on the west side of S outh Federal Highway.
After discussion, the Planning and Zoning Board rec ommended approval of the Redevelopment Plan (5
to 0) with the condition that the following changes be made:
1. In the “Introduction” and “Plan Implementation” Sections of the Plan, staff had described the level of
concern by residents in this area to a proposed sho pping center (Walmart) adjacent to their neighborho od
as “extreme”.
The Planning and Zoning Board felt that the use of the word “extreme” was not appropriate and should
be changed. This change has been incorporated into the Plan.
2. Staff had recommended that the zoning for the Ol d Harbor Office and Bank parcel (Area 1 in the
Plan), located at the southeast corner of Linton Bo ulevard and South Federal Highway, be changed from
POC (Planned Office Center) to PC (Planned Commerci al) or alternatively to SAD (Special Activities
District). A rezoning to PC would also require a FL UM Amendment from TRN (Transitional) to GC
(General Commercial). A FLUM amendment would not be required for SAD zoning.
The Planning and Zoning Board recommended that rezo ning of the property be limited to SAD (Special
Activities District). The Plan has been changed to retain the original POC zoning with the option for a
privately -initiated rezoning by the property owners to SAD (Special Activities District).
3. Staff had recommended that the zoning for the fo rmer Ralph Buick parcel, located on the east side o f
South Federal Highway, north of Fladell Way, be cha nged from AC (Automotive Commercial) to PC
(Planned Commercial).
The Planning and Zoning Board recommended that the zoning be left as AC, but that a privately -
initiated rezoning by the property owners to SAD (S pecial Activities District) would also be possible.
This change has not been incorporated into the Plan. Staff feels that additional automotive commercial
development on the east side of Federal Highway is not appropriate and the property should be rezoned
to PC. The initial compatibility issues associated with the previous application for rezoning to GC fo r
Walmart have been addressed in the Plan with indivi dual tenant size maximums, increased setbacks,
buffering requirements and proposed operational res trictions on loading times, etc.
4. Staff had recommended a maximum tenant size of 5 0,000 square feet throughout the redevelopment
area. Many of the residents in the area would like 30,000 as the maximum tenant size.
The Planning and Zoning Board supported the 50,000 maximum tenant size, but recommended that it
only apply to properties on the east side of South Federal Highway.
5. Staff had recommended that a restriction on deli veries/loading/unloading operations be placed on
properties adjacent to the residential development on the east side of South Federal Highway. Although
this restriction was meant to apply only to the pro perties on the east side of South Federal Highway, it
was not so stated in the Plan. Although there was a lso some confusion as to the applicability of other
requirements, including special landscape buffers a nd building setbacks on the west side of South
Federal Highway, it is noted that the Plan clearly states that all of these requirements are only to a pply
to properties on the east side of South Federal Hig hway.
The Planning and Zoning Board recommended that the provisions only apply to properties on the east
side of South Federal Highway. This change has been incorporated into the Plan.
6. Staff had recommended a special landscape buffer for properties on the east side of South Federal
Highway consisting of a wall and a double row of tr ees. No species or size requirements were stated fo r
the trees.
The Planning and Zoning Board recommended that the species and size of the trees be indicated in the
Plan. This change has been incorporated into the Pl an.
A public workshop was held on July 10, 2012 to disc uss the Plan with the property owners, business
owners and residents within the area and surroundin g neighborhoods.
A number of e-mails and letters, as well as a response on the Ope n City Hall Forum have been received
to date concerning preparation of the Redevelopment Plan. They are attached to this report. Additional
letters of objection or support, if any, will be pr ovided at the City Commission meeting.
RECOMMENDATION
By motion, adopt the South Federal Highway Redevelo pment Plan, based on positive findings that it
supports and furthers the Goals, Objectives and Pol icies of the Comprehensive Plan.
C IT
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dments to the Land Development
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l, office and residential uses in an
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a catalyst to increase
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R
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t
A
r
ea will require the City to initiate
se
v
e
r
a
l
c
h
a
n
g
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s
t
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t
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e
Fu
t
u
r
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a
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d
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s
e
M
a
p
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n
d corresponding Zoning
de
s
i
g
n
a
t
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o
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s
.
R
e
c
o
m
m
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n
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at
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T
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L
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D
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Ne
a
r
l
y
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r
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t
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s
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C
(
G
e
n
e
r
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l
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m
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a
l
)
o
n
t
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F
u
t
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p
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M
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g
7
%
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s
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t
ed
T
R
N
(
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r
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n
s
i
t
i
onal). Two Future
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n
d
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a
.
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t
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l
a
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t
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m
o
d
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m
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s
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T
h
e
pr
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p
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s
e
d
a
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n
d
m
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n
t
s
are as follows:
Ar
e
a
1
:
U
n
d
e
v
e
l
o
p
e
d
p
a
r
ce
l
s
l
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t
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e
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t
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M
d
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g
n
a
t
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n
f
r
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m
T
R
N (Transitional) to GC (General
Co
m
m
e
r
c
i
a
l
)
-
a
p
p
r
o
x
i
m
a
t
e
l
y
0
.
2
3
a
c
r
e
s
.
A concurrent re zoning to GC
(G
e
n
e
r
a
l
C
o
m
m
e
r
c
i
a
l
)
w
i
l
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p
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s
s
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d
w
i
t
h
t
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e
F
L
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M
a
m
e
n
d
m
e
n
t
.
Ar
e
a
2
:
"
Q
u
a
l
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t
y
L
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g
h
t
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g
a
n
d
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c
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W
A
Y
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L
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P
M
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N
T
P
L
A
N
EXECUTIVE SUMMARY
ii
de
s
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n
a
t
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o
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f
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p
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p
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x
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co
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(
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f
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a
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a
t
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.
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f
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s
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t
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a
n
d
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e
M
a
p
a
m
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n
d
m
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n
t
s
.
Ar
e
a
1
:
U
n
d
e
v
e
l
o
p
e
d
p
a
r
c
e
l
s
l
o
c
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t
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n
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f
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M
a
t
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v
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n
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e
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Re
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o
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f
r
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m
N
C
(
N
e
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g
h
b
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r
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o
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d
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m
m
e
r
c
i
a
l
)
t
o
G
C
(
G
e
n
e
r
a
l
Co
m
m
e
r
c
i
a
l
)
-
a
p
p
r
o
x
i
m
a
t
e
l
y
0
.
2
3
a
c
r
e
s
.
Ar
e
a
2
:
"
Q
u
a
l
i
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INTRODUCTION PAGE 1
Fi
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P
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EXISTING CONDITIONS PAGE 8
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EXISTING CONDITIONS PAGE 12
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PLAN IMPLEMENTATION PAGE 18
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PLAN IMPLEMENTATION PAGE 19
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PLAN IMPLEMENTATION PAGE 20
Fi
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1
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P
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PLAN IMPLEMENTATION PAGE 21
Ar
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a
2
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P
L
A
N
PLAN IMPLEMENTATION PAGE 22
Ar
e
a
1
:
U
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to
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s
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a
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f
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m
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p
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Fi
g
u
r
e
3
.
1
2
–
A
e
r
i
a
l
o
f
A
r
e
a
3
R
e
z
o
n
i
n
g
-
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m
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r
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B
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Ar
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a
4
:
P
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l
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c
a
n
P
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n
t
e
C
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d
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n
T
r
o
p
i
c Isle Drive – Rezone a portion of
a
p
a
r
c
e
l
f
r
o
m
G
C
(
G
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n
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r
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l
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a
l
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(
M
u
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t
i
p
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a
m
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l
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Re
s
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d
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n
t
i
a
l
)
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a
p
p
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o
x
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m
a
t
e
l
y
0
.
5
a
c
r
e
s. The existing zoning does not
pr
o
p
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f
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ium is correctly zoned Multiple
Fa
m
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m
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1
9
9
1
,
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l
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F
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UM designation, this
co
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d
e
s
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g
n
a
t
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o
n
.
Fi
g
u
r
e
3
.
1
3
–
A
e
r
i
a
l
o
f
A
r
e
a
4
R
e
z
o
n
i
n
g
-
P
e
l
i
c
a
n
P
o
i
n
t
e
Ar
e
a
5
:
D
e
l
R
a
t
o
n
R
V
P
a
r
k
–
R
e
z
o
n
e
f
r
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m
P
C
(
P
l
a
n
n
e
d Commercial) to
AC
(
A
u
t
o
m
o
t
i
v
e
C
o
m
m
e
r
c
i
a
l
)
–
a
p
p
r
oximately 4.59 acres. As stated
ea
r
l
i
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r
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n
t
h
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s
r
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p
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,
t
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-
term and seasonal basis. While it
S
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T
P
L
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PLAN IMPLEMENTATION PAGE 23
is
p
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g
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r
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.
1
4
–
A
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r
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a
l
o
f
A
r
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a
6
-
D
e
l
R
a
t
o
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R
V
P
a
r
k
Ar
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a
6
:
T
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PLAN IMPLEMENTATION PAGE 24
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l Highway. No vehicular
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districts onto residential
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P
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N
PLAN IMPLEMENTATION PAGE 26
De
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No
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PLANNING AND ZONING BOARD
STAFF REPORT
MEETING OF: JULY 16, 2012
AGENDA NO: V. A.
AGENDA ITEM: SOUTH FEDERAL HIGHWAY REDEVELOPMENT PLAN
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
re garding the proposed South Federal Highway Redevelopment Plan.
BACKGROUND AND ANALYSIS
The Future Land Use Element of the City’s Comprehensive Plan identifies areas of the City that,
due to substandard infrastructure, obsolete or inappropriate uses of la nd, vacant and dilapidated
structures, and other similarly blighting conditions are in need of special attention in the form of
a “Redevelopment Plan.” Goal Area “C” of the Future Land Use Element represents the starting
block upon which its implementation strategy has been built. It is stated as follows:
BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED
AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE
RENAISSANCE OF DELRAY BEACH.
The purpose of a Redevelopment Plan is to identify the specific d eficiencies and assets of an
area, evaluate the existing and potential uses, and identify specific measures for arresting
decline, facilitating new development, and enhancing the quality of life for residents of the area.
Six of these areas were originally depicted on the 1989 Future Land Use Map as
Redevelopment Areas #1 through #6. Additional areas have been added since to address
changes in conditions.
A Policy dealing with South Federal Highway was initially added to the Comprehensive Plan in
Amendment 2008 -1, adopted on December 9, 2008. This amendment was based on the City’s
2006 Evaluation and Appraisal Report which reviewed the entire Comprehensive Plan and
made recommendations based on changed conditions and priorities since the last EAR was
comple ted in 1996. As the Plan Amendment was being written in 2008, a recession was
beginning to take its toll on the national, state and local economies. While the residential
housing meltdown and resulting financial crisis affected all sectors of the economy, the
automotive industry was especially hard hit by the downturn. In 2008, a series of damaging
blows drove the Big Three to the verge of bankruptcy. The Big Three had in recent years
manufactured SUVs and large pickups, which were much more profitable than smaller, fuel -
efficient cars. When gasoline prices rose above $4 per gallon in 2008, Americans stopped
buying the big vehicles and Big Three sales and profitability plummeted. This forced automakers
to continue offering heavy incentives to help clear exce ss inventory. Sales fell further as
consumer credit tightened and it became much harder for people with average or poor credit to
obtain a bank loan to buy a car. The instability of the job market and individual consumers'
finances also discouraged consume rs who already had a working vehicle from taking on a new
Planning and Zoning Staff Report – July 16, 2012
South Federal Highway Redeve lopment Plan
2
loan and payments, which affected almost all major manufacturers. The overall effect of these
conditions was that the industry experienced an 18% drop in new car sales from 2007 levels.
As this sit uation was playing out, City leaders saw how volatile the automotive industry had
become and became concerned that the large amount of automotive dealerships on South
Federal Highway would not be sustainable in the long term. If the industry imploded and d ealers
began to withdraw from the area, there would be a major economic impact on the corridor and
the City as a whole. The City Commission wanted the area to be evaluated and a Plan prepared
that would help the area to become more sustainable. Policy C -1.12 was added to the Future
Land Use Element of the Comprehensive Plan which states:
Policy C -1.12 The following pertains to the South Federal Highway area, south
of Linton Boulevard.
In FY 2010/11, the City’s Planning & Zoning Department shall review exi sting
land uses in this area and shall create a redevelopment plan, overlay district or
other development tool to promote and guide future redevelopment of the area.
In 2010, an attempt by Walmart to rezone the former Ralph Buick property on the east side of
South Federal Highway from AC (Automotive Commercial) to PC (Planned Commercial) met
considerable opposition from the residents of the adjacent neighborhood based on compatibility.
The rezoning ultimately failed and the property is still vacant. Althou gh properly designed
shopping centers can and do exist adjacent to residential development throughout the City and
elsewhere, the level of concern by residents in this area was extreme. It became evident that
any redevelopment on this side of South Federal Highway would have to address compatibility
with the adjacent residential neighborhoods to the east.
The reality of the situation is that commercial property directly abuts residential property in this
area. South Federal Highway is a commercial corridor with nearly all of the property having a
General Commercial Future Land Use Map designation. With this Future Land Use designation
already in place, compatibility with adjacent uses is normally dealt with during the site plan
review process. Since the “No Big Box” mantra espoused during the Walmart hearings did not
adequately identify what the specific issues were with the use, a series of public workshops
were set in 2011 to engage residents in a discussion of exactly what their objections were and
how th ey might be addressed in the upcoming Redevelopment Plan for the area. Staff’s goal
was to separate the use issues from the site planning issues and strike a balance between the
residents’ needs and the needs of the commercial property owners.
Initially, the primary intent of the Redevelopment Plan was to deal with land use issues and
sustainability. However, to increase the comfort level of the adjacent neighborhoods and ensure
compatibility, the Plan was expanded to include a number of buffering and set back provisions,
as well as a limitation on maximum tenant size. Although some compromise will be necessary,
with these provisions in place, staff is confident that the residents’ concerns can be addressed
while ensuring that the commercial corridor remain s viable for commercial development and this
redevelopment area becomes a catalyst for economic development in the City.
HIGHLIGHTS OF THE PLAN
The South Federal Highway Redevelopment Area includes the commercial property along both
sides of the South Fe deral Highway corridor, between Linton Boulevard on the north and the
City Limits to the south. Nearly two -thirds of the area (64.76%) is located on the west side of
Federal Highway, which runs diagonally from northeast to southwest.
Planning and Zoning Staff Report – July 16, 2012
South Federal Highway Redeve lopment Plan
3
The purpose of this R edevelopment Plan is to meet the intent in Future Land Use Element
Policy C -1.12 , which requires that a development tool to promote and guide future
redevelopment of the area be developed .
The Plan is divided into three sections:
The Introduction descri bes the Study Area and a brief history of the area. This section also
discusses the Future Land Use Element Policy in the Comprehensive and includes the
purpose of the Redevelopment Plan and a summary of the planning process that guided it.
The Existing C onditions section discusses the Redevelopment Area in terms which reflect
on its marketability for commercial development. This includes a brief description of the
existing land uses, zoning, f uture l and u se, housing, ownership, and vacant land.
The Pl an Implementation section outlines the potential plan for redevelopment of the
properties within the Redevelopment Area. The section establishes recommendations for
Future Land Use Map amendments , z oning changes and amendments to the Land
Development Regul ations . These recommendations work toward making the area more
marketable for commercial development while protecting the surrounding residential uses
from the impacts of redevelopment .
It is the intent of this plan to make the South Federal Highway Redev elopment Area a unique
place that will encourage the development of commercial , office , and residential uses in an
urban setting that will be sustainable into the future . This in turn, should serve as a catalyst to
stabilize the area and increase property values . The private sector will be the driving force
behind the revitalization of the Redevelopment Area. This plan will give private property owners
and developers a clear understanding of what the future could hold if they develop in the
prescribed mann er as suggested by this plan.
Recommendations for the Redevelopment Area will require the City to initiate several changes
to the Future Land Use Map and corresponding Zoning designations. Recommended
designations are discussed below:
FUTURE LAND USE MAP AMENDMENTS
Over 92 percent of the South Federal Highway Redevelopment Area is currently designated as
GC (General Commercial) on the Future Land Use Map (FLUM). The remaining 8% is
designated TRN (Transitional). Three Future Land Use Map modification s are recommended for
the Redevelopment Area. All three change the FLUM designation from TRN to GC. With these
modifications, the entire redevelopment area will have a GC FLUM designation, which is
appropriate given the nature of this highly commercialized corridor. Following adoption of the
Redevelopment Plan, these modifications will be processed as small scale comprehensive plan
amendments . The proposed amendments are as follows :
Area 1: The Old Harbor Office and Bank parcel located at the southeast cor ner of Linton
Boulevard and South Federal Highway – Change the FLUM designation from TRN
(Transitional) to GC (General Commercial) – approximately 9.95 acres. The property is
currently zoned POC (Planned Office Center). A concurrent rezoning to PC (Planned
Commercial) will allow development of a commercial center on the property. While an
alternative rezoning to SAD is also possible, this district is usually reserved for uses that
cannot be properly accommodated within more conventional zoning districts. If this
alternative is selected, the Future Land Use Map amendment will not be required; since
SAD zoning is consistent will all FLUM designations.
Planning and Zoning Staff Report – July 16, 2012
South Federal Highway Redeve lopment Plan
4
Area 2: Undeveloped parcels located on the north side of Le Mat Avenue - Change the
FLUM designation from TRN (Transitional) to GC (General Commercial) - approximately
0.23 acres. A concurrent rezoning to GC (General Commercial) will be processed with the
FLUM amendment.
Area 3: "Quality Lighting and Accessories", located at the southeast corner of South Federal
Highway and Le Mat Avenue - Change the FLUM designation of the rear portion of the
property (Lot 30) from TRN (Transitional) to GC (General Commercial) - approximately 0.10
acres. A concurrent rezoning to PC (Planned Commercial) will be processed with the FLUM
amendment.
ZONING
Eighty -four percent of the property within the redevelopment area will retain its current zoning.
However, implementation of the redevelopment plan will require rezoning of six parcels in the
area. The first three of these were discussed above with the Future Land Use Map
amendments.
Area 1: The Old Harbor Office and Bank parcel located at the southeast corner of Linton
Boulevard and South Federal Highway – Rezone from POC (Planned Office District) to PC
(Planned Commercial) or SAD (Special Activities District) – approximately 9.95 acres.
Area 2: Undeveloped parcels located on the north side of Le Mat Avenue – Rezone from NC
(Neighborhood Commercial) to GC (General Commercial) – approximately 0.23 acres.
Area 3: "Quality Light ing and Accessories" located at the southeast corner of South Federal
Highway and Le Mat Avenue – Rezone from RM (Multiple Family Residential) to PC
(Planned Commercial) – approximately 0.10 acres.
Area 4: Former Ralph Buick Dealership located on the east side of South Federal Highway,
north of Fladell Way – Rezone from AC (Automotive Commercial) to PC (Planned
Commercial) – approximately 6.5 acres.
Area 5: Pelican Pointe Condo on Tropic Isle Drive – Rezone a portion of a parcel from GC
(General Commercia l) to RM (Multiple Family Residential) – approximately 0.5 acres.
Area 6: Del Raton RV Park – Rezone from PC (Planned Commercial) to AC (Automotive
Commercial) – approximately 4.59 acres.
AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS
LDR text amendme nt s will be necessary to create an overlay district and amend the
development standards for the PC and AC zoning district s within the Redevelopment
Area /Overlay District to increase redevelopment flexibility and address compatibility issues. The
propose d t ext amendments include the following:
A ll AC zoned properties in the redevelopment area will be allowed the alternative of
developing under the PC zoning regulations .
M ixed -use residential/commercial development will continue to be encouraged, but
condit ional uses for free -standing multiple -family residential development will not be
permitted within the overlay district.
Planning and Zoning Staff Report – July 16, 2012
South Federal Highway Redeve lopment Plan
5
Individual tenants will be limited to a maximum floor area of 50,000 square feet.
T he special landscape setback along South Federal Hi ghway will be eliminated where new
development seeks to create an urban edge at the street front by moving storefronts closer
to the street and providing parking behind the buildings. The special landscape setback
must be provided along portions of the par cel where off -street parking directly abuts the
roadway.
F açade and exterior walls must be designed to include projections and recessions, so as to
reduce the massive scale and uniform appearance of large buildings. Similarly, street
frontage must be desi gned to include windows, arcades, or awnings for at least 50% of the
façade. The regulations should also address the number and variation in rooflines,
appropriate building materials, the clear indication of entryways, and the inclusion of
pedestrian scale amenities and spaces.
P arking areas must be distributed around large buildings and shopping centers in an
attempt to balance the parking and shorten the distance to all buildings, public sidewalks,
and transit stops. Parking located at unrealistic dista nces from the buildings that it services
should be prohibited. Sidewalks must be provided along the full length of any building where
it adjoins a parking lot. Sidewalks must also connect store entrances to the adjacent
roadway, bus stops and adjacent neig hborhoods.
On the east side of South Federal Highway, special setbacks and building offsets based on
building length will be required to reduce the massive scale and uniform appearance of large
buildings when the rear of a commercially zoned property is a djacent to a residential zoning
district .
Machinery equipment, service areas, and trash collection must be screened from the
adjacent neighborhood in a manner consistent with the overall design of the building and
landscaping. Delivery and loading areas m ust be designed so as to minimize visual and
noise impacts. On the east side of South Federal Highway, a landscape buffer, which
includes canopy trees, is required for all sites that adjoin residential uses or zoning districts.
The landscape buffer shall b e 25 feet in depth, and shall include a wall placed 10 feet from
the rear or side property line when abutting an adjacent right -of -way, trees spaced on 25
foot centers and a hedge planted outside of the wall. An additional row of trees on 25’
centers shall also be placed inside of the wall. Where the rear property line immediately
adjoins residential property with no roadway or alley between, the wall shall be placed
against the property line and the 25 foot buffer provided inside the walled area.
Street a ccess shall be primarily from South Federal Highway. No vehicular access is
permitted to the rear of the commercial districts onto residential streets.
No deliveries, loading or unloading operations in the rear of the commercial buildings are
permitted be fore 7:00 AM or after 7:00 PM.
A copy of the plan is included with this report for review.
REVIEW BY OTHERS
The Redevelopment area is not within a geographical area requiring review by the Community
Redevelopment Agency (CRA), the Downtown Development Authority (DDA) or the Historic
Preservation Board (HPB). A public workshop was held on July 10, 2012 to discuss the Plan
Planning and Zoning Staff Report – July 16, 2012
South Federal Highway Redeve lopment Plan
6
with the property owners , business owners and residents within the area and surrounding
neighborhoods .
Notices
Notices were provided t o all property and business owners within the affected area .
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
Neighborhood Advisory Council
Delray Citizens Coalition
Chamber of Commerce
Tropic Bay Homeow ners Association
Tropic Harbor Homeowners Association
Pelican Harbor Homeowners Association
Pelican Pointe Homeowners Association
Tropic Isle Civic Association
Press Release :
A press release was issued on July 2, 2012 to invite all property owners, reside nts and business
owners to participate in the Public Workshop on July 12, 2012 to review and discuss the draft
Redevelopment Plan . The dates of the Planning and Zoning Board and City Commission
meetings when the Plan would be considered were also noted in the press release.
Two emails were received concerning preparation of the Redevelopment Plan and are attached .
Additional l etters of objection or support, if any, will be provided at the Planning and Zoning
Board meeting.
RECOMMENDED ACTION
By motion, rec ommend to the City Commission adoption of the proposed South Federal
Highway Redevelopment Plan.
Attachment s:
South Federal Highway Redevelopment Plan Draft
Emails
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:August 28, 2012
SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
FIFTH AMENDMENT TO THE SOLID WASTE AND RECYCLING CO LLECTION
FRANCHISE AGREEMENT/WMI
ITEM BEFORE COMMISSION
Approval of the Fifth Amendment to the Solid Waste and Recycling Collection Franchise Agreement
with Waste Management.
BACKGROUND
At its August 21, 2012 meeting, the Commission gave staff direction to renew the City's Franchise
Agreement with Waste Management. The changes in the Agreement are as follows:
1. The term of the Agreement is extended fo r eight (8) years and expires September 30, 2021. T he
Agreement is renewable for five (5)-year terms, upo n approval of both parties.
2. Waste Management will provide to the Cit y one hundred and twenty-five (125) single station
Big Belly Solar-powered compactors. Fifty (50) by D ecember 31, 2012, forty-five (45) by June
1, 2013 and thirty (30) by June 1, 2014. Also, Wast e Management will be responsible for
maintenance of the solar powered compactors during the life of this Franchise Agreement or any
extension. They are also responsible for replacing units that fail to perform within 30 days of
notice.
3. Effective September 1, 2012, Waste Manag ement will begin servicing all bus shelters without
charge to the City. The City will be billed for dis posal costs at the same rate currently charged
for Pelican cans along Atlantic Avenue and Pineappl e Grove. The cost and details are specified
within the Franchise Agreement.
4. The Amendment provides that if Waste Man agement decides to change-out its fleet and use
trucks that are powered by Compressed Natural Gas (CNG), the Fuel Surcharge Table and DOE
Diesel Fuel Price will be replaced with the CNG Fue l Surcharge Table that exists at that time.
5. Indemnification Statement - a One Million Dollar ($1,000,000) Indemnity Clause relating to the
5th Amendment regarding any claims or litigation th at result from the amendment, that is
effective for the entire term of the agreement thro ugh September 30, 2021, in addition to the
broad indemnification provision set forth in Sectio n 26 of the original Agreement.
RECOMMENDATION
Staff recommends approval of the Fifth Amendment to the Solid Waste and Recycling Collecti on
Franchise Agreement with Waste Management.
AMENDMENT NO. 5 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED SEPTEMBER 20, 2001
THIS AMENDMENT NO.5 to the Solid Waste and Recycling Collec tion
Franchise Agreement dated September 20, 2001 is made this day of September,
2012 by and between the CITY OF DELRAY BEACH (“the City”) and WASTE
MANAGEMENT INC. OF FLORIDA (“WMIF” or “Waste Management”).
WITNESSETH:
WHEREAS, the Franchise Agreement dated September 20, 2001, and as f urther
amended, provides for the collection of solid waste and recycling mat erials within the
City (the “Agreement”); and
WHEREAS, the parties desire to amend the Agreement to extend t he term,
provide for the grant of BigBelly Solar powered compactors and provide for the
clarification of the terms.
NOW, THEREFORE, in consideration of the covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. All capitalized terms shall have the meanings set forth in the Agreement as
amended unless the context requires otherwise.
3. Section 1 TERM is amended to read as follows:
The term of this Agreement is hereby extended for eight (8) ye ars and
expires September 30, 2021. This Agreement is renewable for f ive-year
terms upon approval of both parties.
4. Section 14 is amended by adding the following to the end of the Section:
2
All equipment shall have an average age of seven (7) years or less.
5. WMIF shall provide to the City one hundred twenty-five (125) singl e
station BigBelly Solar powered compactors. WMIF shall provide fifty (50) solar
compactors to the City by December 31, 2012. WMIF shall provide forty-five (45) solar
compactors to the City by June 1, 2013. WMIF shall provide thirty (30) solar compact ors
to the City by June 1, 2014. WMIF shall be responsible for the maintenance of the
BigBelly Solar powered compactors during the term of this Fra nchise Agreement and
will pay the costs associated with the electronic monitoring se rvices for the compactors
during the term of this Franchise Agreement, or any extension t hereof. If any compactor
fails to perform, due to any issue, other than vandalism or interveni ng acts of third
parties, WMIF shall repair such compactor, free of charge, wit hin 30 calendar days of
receiving notice from the City or of WMIF becoming aware of the problem. WMIF shall
collect, as needed up to and including on a daily basis, the garbage a t this location until
the compactor is repaired or replaced. Ownership of the BigBelly Solar C ompactors shall
transfer to the City at the end of the initial eight-year term.
6. WMIF is authorized to utilize Ten Thousand Dollars ($10,000.00)
annually of the in kind services dollars provided under this Agreement towards the
electronic monitoring services for the solar compactors.
7. Exhibit 1 to the Franchise Agreement is amended by adding the following:
SIDEWALK CANS: Waste Management currently picks up individual 30-gallon
cans along Atlantic Avenue, the beach area and Pineapple Grove. Out of a total of 104
containers, 84 do not have property control numbers and, therefore, the C ity is not
charged for disposal costs by the Solid Waste Authority. Waste Management, by
contract, does not charge the City for collection costs but it should b e reimbursed for its
disposal costs that the Solid Waste Authority would otherwise ch arge the City. Since the
Solid Waste Authority does not reimburse Waste Management for these disposal costs, it
shall be the responsibility of the City to reimburse them.
3
The City will be billed $11,046.67 annually or $920.56 per month in arrears,
which will be computed as follows:
84 30-gallon containers picked up 6 times per week
$42 per ton disposal rate charge by SWA = $2.81 per cubic yard
30 gallon container = .15 cubic yards
35-gallon compactor container = .9 cubic yards
84 containers X .15 cubic yards X 6 pickups per week X 52 weeks X $2.81 = 11,046.67
BUS SHELTERS : Effective September 1, 2012, Waste Management will no
longer charge the City for the collection of the garbage cans at the Bus Shelters. Waste
Management shall continue to collect from the current 47 municipal b us shelters and
begin to collect form an additional 23 municipal bus shelters at no charge, plus any
additional bus shelters, not to exceed 10, that may be constructed b y the City during the
term, or any extensions thereof, of the Franchise Agreement. Was te Management shall
be compensated for the disposal of the debris to be calculated i n the same manner as the
sidewalk cans. For the shelters that have compactors, the capacity shall be .9 cubic yards.
The list of the 70 Bus Shelter locations is attached.
The City will be billed $2191.80 annually or $182.65 per month in arrear s,
which will be computed as follows:
64 30-gallon containers picked up once per week
6 35-gallon compactor containers picked up once per week
$42 per ton disposal rate charge by SWA = $2.81 per cubic yard
30-gallon container = .15 cubic yards
35-gallon compactor container = .9 cubic yards
64 containers X .15 cubic yards X 1 pickup per week X 52 weeks X $2.81 plus
6 containers X .9 cubic yards X 1 pickup per week X 52 weeks X $2.81 = $2191.80
The payment for the disposal component of the Sidewalk Cans and Bus S helters shall be
recalculated whenever the number of sites or collection days c hange, or when the type of
container changes (30-gallon cans/solar compactors), or when the disposal c ost changes.
8. If WMIF decides to change out its fleet and use trucks that are powered
by Compressed Natural Gas (CNG) engines, WMIF agrees to r eplace the Fuel Surcharge
Table and the Department of Energy Diesel Fuel Price Index with a CNG Surcharge
Table and a CNG Price Index that reflect then current price s. WMIF also agrees that the
then current price of CNG fuel will be the baseline price from which the Fuel Surcharge
4
Table will be used to determine the percentage change in the ra tes charged to the
customer. It is understood between the parties that such a fleet change will take time and
money to accomplish and is not immediately planned, but is in the talking stage within
the Company.
9. WMIF agrees to indemnify, defend and hold harmless the City, with
regard to any claim, lawsuit or other cause of action that may be filed against the City as
a result of the City extending the term of the Franchise Agree ment, including, but not
limited to the payment of the City’s outside attorney fees and costs at the trial and
appellate levels. WMIF shall pay any compensatory damages a warded against City (but
not punitive, special or incidental damages) and fees and costs that may be awarded to a
plaintiff or claimant. However, WMIF’s total obligation purs uant to this Section 9 shall
not exceed One Million Dollars ($1,000,000.00). In the event that WMIF is ob ligated to
defend or indemnify the City pursuant to this Agreement, WMIF shal l be entitled to
assume the defense of such proceeding with counsel of its choice. WMIF will not be
liable to City under this Agreement for any fees of counsel i f City elects to retain
additional counsel other than the counsel retained by WMIF as provided above. WMIF
shall not be obligated to defend and hold harmless the City with re spect to proceedings
and claims brought voluntarily by City or instituted by City to enforce or interpret this
Agreement. WMIF further agrees that if any court of law shoul d determine, through a
final and non-appealable judgment, that the franchise agreement bet ween the parties
concerning the extension of the Franchise Agreement violates any statute, constitution or
law, then WMIF shall voluntarily agree to amend any portion of the franchise agreement,
as necessary to comply with the Court order. WMIF’s agreeme nt to indemnify, defend
5
and hold harmless the City shall be limited to any claims, la wsuit or other causes of
action that may be filed against City on or before September 30, 2021.
10. This Amendment No. 5 together with the original Agreement and any
written amendments hereto, constitute the entire Agreement betwee n the parties relating
to the subject matter hereof. It is the final expression of a greement between the parties,
thus, neither party shall be entitled to rely upon any conflic ting oral representations,
assurances, claims or disclaimers, made either prior to or sim ultaneous with the execution
of this Agreement.
11. Except as expressly modified in writing herein or as modifi ed by
subsequent written amendments, all other terms and conditions of the or iginal Agreement
and any amendments thereto survive this Agreement and are deemed to be incorporated
herein and are binding on the parties.
This Space Intentionally left Blank
6
IN WITNESS WHEREOF, the parties have executed this Amendme nt of the Solid Waste
and Recycling Collection Franchise Agreement on the day and year first hereinabove
written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
__________________________ By: ____________________________
City Clerk Nelson S. McDuffie, Mayor
Approved as to legal form
and sufficiency:
__________________________ .
City Attorney
WITNESSES: WASTE MANAGEMENT INC.
OF FLORIDA
_________________________ By: _________________________
Timothy B. Hawkins, Vice President
_________________________
(name printed or typed) (Corporate Seal)
_________________________
__________________________
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before m e this day of
, 2012 by ___________________, as _________________(name of
officer or agent, title of officer or agent), of Wa ste Management Inc. of Florida,
a Florida corporation, on behalf of the corporation . He is personally known to
me or has produced _________________(type of identi fication) as identification.
_________________________
Notary Public, State of Florida
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 12, 2012
SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
CHARTER REVIEW COMMITTEE REPORT AND DIRECTION REGARDING THE
PROPOSED CHARTER AMENDMENTS
ITEM BEFORE COMMISSION
Charter Review Committee Report and direction regar ding the proposed charter amendments.
BACKGROUND
The Commission appointed a Charter Review Committee to review the City’s charter and provide
recommendations regarding the charter. The attached report and proposed ordinances are the
recommendations of the Charter Review Committee.
If the Commission is in agreement with the proposed ordinances, they will be brought back to the
Commission for formal adoption.
ORDINANCE NO. A-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIO NS
BY AMENDING SECTION 3.04, “ASSUMPTION OF OFFICE;
ORGANIZATIONAL MEETING”; SECTION 3.05, “OATH OF OFFICE”;
SECTION 3.08, “VACANCIES; FILLING OF VACANCIES”,
SUBSECTION (B), “VACANCY IN OFFICE OF MAYOR”; SECTIO N
4.02, “APPOINTMENT; REMOVAL; COMPENSATION”, SUBSECTION
(C), “REPLACEMENT”; SECTION 4.05, “BUDGET PROCEDURE”,
SUBSECTION (D), “PUBLIC HEARING”, SUBSECTION (E), “B UDGET
ADOPTION/APPROPRIATIONS”, SUBSECTION I, “AUDIT”; SECT ION
5.04, “ELECTIONS GENERALLY”, SUBSECTION (B), “HIGHEST
NUMBER OF VOTES TO ELECT IN FIRST NONPARTISAN
ELECTION”, SUBSECTION (D), “IF NO PERSON QUALIFIES”;
SECTION 6.05, “PROCEDURE FOR FILING”, SUBSECTION (A),
“CERTIFICATE OF CITY CLERK; AMENDMENT”; TO CLARIFY,
CORRECT GRAMMATICAL ERRORS, AND TO ENHANCE THE
CHARTER'S READABILITY; PROVIDING FOR A REFERENDUM O N
MARCH 12, 2013; PROVIDING FOR A REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee which sought
input from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposa l, has decided to put the
Question set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1 . That Section 3.04, “Assumption of Office; Organizational Meeting”, of the
Charter of the City of Delray Beach is hereby amended to read as follows:
Section 3.04. - ASSUMPTION OF OFFICE; ORGANIZATIONAL MEETING.
(A) Assumption of Office . The successful candidates for Mayor and Commissioners shall ass ume
office on the last Thursday in March following their election. The Commission shall hold an
organizational meeting immediately thereafter each year on or after the last Thursday in
March , and shall select from the Commissioners other than the Mayor, a Vice-Mayor and a
Deputy Vice-Mayor. These two (2) officials shall serve in the ir respective capacities at the
2 ORD NO.
pleasure of the Commission until the organizational meeting of the following year. If the
person elected fails to assume office, the procedures set fort h in Section 3.08 shall apply to
fill the vacancy.
(B) Assumption of Office for Appointees and Those Elected at a Speci al Election . A person
appointed to fill a vacancy in the office of Mayor or Commissioner, or by electing elected a
Mayor or Commissioner at a special election shall assume office at the first regular meeting
of the Commission after being so appointed or elected. If the per son so appointed or elected
does not assume office, the procedures set forth in Section 3.08 shal l apply to fill the
vacancy.
Section 2. That Section 3.05, “Oath of Office”, of the Charter of the City of Delray
Beach is hereby amended to read as follows:
Section 3.05. - OATH OF OFFICE.
Before assuming their respective offices, the Mayor and Commi ssioners shall each take and
subscribe to the following oath:
"I do solemnly swear (or affirm) that I will support, protect , and defend the Constitution and
Government of the United States and of the State of Florida and of the City of Delra y Beach;
that I am duly qualified to hold office under the laws of the State of Florida and the Charter
and laws of the City of Delray Beach, and that I will well a nd faithfully perform the duties
of {Mayor} {Commissioner} of the City, upon which I am about to e nter. (So help me
God.)"
Section 3. That Section 3.08, “Vacancies; Filling of Vacancies”, Subsecti on (B), “Vacancy
in Office of Mayor”, of the Charter of the City of Delray Beach is hereby a mended to read as follows:
Section 3.08. - VACANCIES; FILLING OF VACANCIES.
(B) Vacancy in Office of Mayor.
(1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days
preceding the date of the next regular City election, there wi ll be an election to fill
the Mayor's seat which will be held at the time of the next regular City election. If a
vacancy occurs in the office of Mayor less than sixty (60) cal endar days preceding
the date of the regular City election, the Mayor shall be ele cted at a special election
to be held on the second Tuesday in May. If a special election is held to fill the office
of Mayor, those persons who previously qualified to run for the Mayor's seat and
other candidates who qualify pursuant to this Charter and Chapter 34 of the Code of
3 ORD NO.
Ordinances may run for the Mayor's seat to be filled at th e special election.
Notwithstanding anything to the contrary, the Mayor elected at t he special election
shall assume office after at the first regular meeting after being elected.
(2) When a vacancy occurs in the office of Mayor, the Vice-Mayor shall automatically
succeed to the office of Mayor and shall serve until the last Thursday in March
following the next regular City election. Thereafter, the Vice-Mayor shall return to
his or her former seat and complete the remainder of his or her Commission term if
any part thereof remains unexpired. If a special election is called to fill a vacancy in
the office of Mayor, the Vice-Mayor selected at the organizat ional meeting shall
serve until a new Mayor is seated and shall thereafter return to his or her seat .
(3) The succession of the office of Mayor by the Vice-Mayor shall create a vacancy in
the Commission. The vacancy on the Commission shall be filled in t he manner set
forth in this Charter except the Commissioner appointed to fill t he vacancy created
on the Commission as a result of a vacancy in the office of May or that occurs sixty
(60) days or more before the next election shall serve only until the last Thursday in
March following the next regular City election. If a vacanc y occurs on the
Commission as a result of a vacancy in the office of Mayor l ess than sixty (60) days
before the next election, the Commission seat shall remain vac ant, notwithstanding
anything to the contrary within this Charter until after the a ssumption of office of the
Mayor after the special election.
(4) If the Vice-Mayor is unable or unwilling to succeed to the of fice of Mayor, then the
Deputy Vice-Mayor shall succeed to the office of Mayor. If the Deputy Vice-Mayor
is unable or unwilling to succeed to the office of Mayor, the Comm ission shall then
select a Mayor from the remaining Commissioners. If the Commis sion is unable to
select a Mayor by the end of the second regular meeting aft er the vacancy then a
special election shall be held for the election of the Mayor.
(5) If a vacancy occurs in the office of Vice-Mayor, the Deput y Vice-Mayor shall
automatically become Vice-Mayor and a new Deputy Vice-Ma yor shall be selected
by the Commission. If a vacancy occurs in the office of Deputy Vice-Mayor, the
Commission shall then select a new Deputy Vice-Mayor.
Section 4. That Section 4.02, “Appointment; Removal; Compensation”, Subsection (C ),
“Replacement”, of the Charter of the City of Delray Beach is hereby ame nded to read as follows:
Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION.
4 ORD NO.
(C) Replacement . Upon the death, resignation, incapacity, or termination of the City Manager,
the Commission shall appoint an Acting City Manager and thereaft er, within a reasonable
time, appoint a regular City Manager.
Section 5. That Section 4.05, “Budget Procedure”, Subsection (D), “Public H earing”, Subsection
(E), “Budget Adoption/Appropriations”, Subsection I, “Audit”, of the Charter of the City of Delray Beach
is hereby amended to read as follows:
Section 4.05. - BUDGET PROCEDURE.
(D) Public Hearing . A public hearing on the budget shall be held in accordance w ith State law
on the first regular Commission meeting in September of each year. Notice of such public
hearing shall be published at least one week in advance by the City Clerk . A condensed
copy of the proposed budget shall be published available to the public prior to the public
hearing .
(E) Budget Adoption/Appropriations . At the second regular Commission meeting in the month
of September of each year, the Commission shall, by resolution, ado pt the budget for the
next fiscal year, and shall, in such resolution, make an appropriati on for the money needed
for municipal purposes during the ensuing fiscal year of the Ci ty,. The resolution shall also
and provide for a levy of the amount necessary to be raised by taxes upon real and personal
property for municipal purposes, which levy shall not, for the ge neral operating expenses of
the City, in any event exceed the mill e age limitation as provided by State law on the
assessed valuation of all real and personal property subject t o taxation in the City. Should
the Commission take no final action during said meeting, the budget a s submitted, shall be
deemed to have been finally adopted by the Commission.
(I) Audit . An independent audit shall be made of all accounts of the City gove rnment at least
annually, and more frequently if deemed necessary by the Commis sion. Such audit shall be
made by certified public accountants experienced in municipal accounting, and who shall
have no personal interest, direct or indirect, in the fiscal af fairs of the City government or of
any of its officers. The condensed audit shall be published available to the public within
thirty (30) days after receipt of the same. An annual report of the City business shall be
made available to the public by the City Manager in such for m as will disclose pertinent
facts concerning the activities and finances of the City government.
5 ORD NO.
Section 6. That Section 5.04, “Elections Generally”, Subsection (B), “Highes t Number of Votes to
Elect In First Nonpartisan Election”, Subsection (D), “If No Person Qualifies”, of the Charter of the City of
Delray Beach is hereby amended to read as follows:
Section 5.04. - ELECTIONS GENERALLY.
(B) Highest Number of Votes to Elect in First Nonpartisan Election . In a nonpartisan election, a
candidate for each of the seats on the ballot for the offices of Commissioners or for the
office of Mayor who receives the highest number of votes even if i t is not a majority of the
votes cast by all electors casting ballots for that office shall be declared to be elected;
provided, however, notwithstanding the foregoing provision, should two (2) or mor e
candidates tie for the highest number of votes from all electors casting ballots for that seat
for Commissioner or for the office of Mayor, then the candidates receiving the highest
number of votes shall be declared candidates for the second nonpartisan electi on.
(D) If No Person Qualifies or Assumes Office . If no person qualifies as a candidate for any
particular seat for the office of Commissioner or for the offic e of Mayor or assumes office ,
then those seat(s) shall be declared vacant and it shall be the duty of the members of the
Commission who are seated following the organizational meeting pr ovided for in Section
3.04 of this Charter, by majority vote to appoint a qualified person to fill the vacancy. The
member(s) appointed to fill a vacancy in the office of Commissi oner or the office of Mayor
shall serve as provided by Section 3.08 of this Charter.
Section 7. That Section 6.05, “Procedures for Filing”, subsection (A), “Certi ficate of City Clerk;
Amendment”, of the Charter of the City of Delray Beach is hereby amended to rea d as follows:
Section 6.05. - PROCEDURE FOR FILING.
(A) Certificate of City Clerk; Amendment . Within twenty (20) days after the initiative petition is
filed and five (5) days after a referendum petition is filed, t he City Clerk shall complete a
certificate as to its sufficiency. The certificate shall specify the any deficiencies and defects
and the City Clerk shall promptly send a copy of the certificate to the peti tioners' Committee
by Registered Certified mail. Grounds for insufficiency are only those specified in Sec tion
6.04. A petition certified insufficient for lack of the required numbe r of valid signatures may
be amended once if the petitioners' Committee files a notice of intention to amend it with the
City Clerk within two (2) days after receiving the copy of hi s or her certificate and files a
supplementary petition within ten (10) days after receiving the copy of such certificate.
Additional signatures may be gathered in this ten (10) day period in order to meet the
6 ORD NO.
minimum required number of electors. Such supplementary petition shall comply with the
requirements of subsections (B) and (C) of Section 6.04. Within f ive (5) days after it is filed
the City Clerk shall complete a certificate as to the suff iciency of the petition as amended
and promptly send a copy of such certificate to the petitioner s' Committee by Registered
Certified mail as in the case of an original petition.
Section 8 . The Charter amendment proposed by this ordinance shall be subm itted to the
electors of the City of Delray Beach at the regular electi on of March 12, 2013 and shall be deemed adopted
upon the favorable vote of a majority of the City electors voting at that time upon the following question:
QUESTION NO. ____
CHARTER AMENDMENT - CLARIFYING AND ENHANCING THE
“READABILITY” OF THE CHARTER.
AN AMENDMENT REVISING THE CITY OF DELRAY BEACH CHAR TER BY
CORRECTING GRAMMATICAL ERRORS, CLARIFYING CERTAIN PR OVISIONS,
AND MAKING THE CHARTER EASIER TO READ, AS PROVIDED I N
ORDINANCE NO. __-12.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (for approval) ________
NO (against approval) ________
Section 9 . That upon approval of this ordinance by the majority of electors voting at the
election, all ordinances or parts of ordinances or Charter provisi ons or parts of Charter provisions in
conflict herewith shall be and the same are hereby repealed as of the ef fective date of this ordinance.
Section 10 . That if any clause, section or other part of this ordinance shall be declared
invalid or unconstitutional by a court of competent jurisdiction, the re mainder of this ordinance shall not be
affected thereby but shall remain in full force and effect.
Section 11 . That this ordinance shall become effective upon passage on sec ond and final
reading and in accordance with Section 8.
PASSED AND ADOPTED in regular session on second and final rea ding on this the _____
day of ___________________, 2012.
ATTEST: ______________________________________
7 ORD NO.
MAYOR
______________________________
City Clerk
First Reading_______________
Second Reading_____________
ORDINANCE NO. B-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AM ENDING
SECTION 3.02, “CITY COMMISSION: COMPOSITION, ELIGIBILITY ,
ELECTION, AND TERMS”; AMENDING SECTION 5.02, “TYPES OF
ELECTIONS”; TO PROVIDE FOR A CHANGE IN THE LENGTH O F A TERM
FROM A TWO YEAR TERM TO A THREE YEAR TERM, BUT NOT
EXTENDING THE MAXIMUM NUMBER OF CONSECUTIVE YEARS A
COMMISSIONER OR MAYOR IS ALLOWED TO SERVE; PROVIDIN G FOR A
REFERENDUM ON MARCH 12, 2013; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFF ECTIVE
DATE.
WHEREAS, the City Commission established a Charter Review Com mittee which sought input
from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposal , has decided to put the Question
set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIO N OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1 . That Section 3.02, “City Commission: Composition, Eligibility, Ele ction, and
Terms”, of the City Charter of the City of Delray Beach is hereby amende d to read as follows:
Section 3.02. - CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION,
AND TERMS.
(A) Composition and Term . The City Commission shall be composed of five (5)
Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at
large for a term of two (2) three (3) years in the manner provided in this Charter.
(B) Staggered Terms . Two (2) Commissioners shall be elected in even -numbered years, and two
(2) Commissioners shall be elected in odd -numbered years. The Mayor may be elected in an
even or odd -numbered year. Two (2) Commission seats with terms expiring in 2014 shall be
filled by election in 2014 and every three years thereafter. Tw o (2) Commission seats with
terms expiring in 2015 shall be filled by election in 2015 and ever y three years thereafter.
The Mayor’s term commencing in 2015 shall be filled by election i n 2015 and every three
years thereafter.
2 ORD NO.
(C) Length of Mayor's Term . If a special or regular election is held to fill a vacancy in the office
of Mayor, the duration of the Mayor's term of office will be for two (2) years commencing
on the last Thursday in March prior to the special election the remainder of the unexpired
term .
(D) Terms as a Result of a Vacancy . In the event of vacancies, successors shall be appointed or
elected in the manner provided in this Charter.
Section 2 . That Section 5.02, “Types of Elections”, of the City Charter of the City of Delray
Beach is hereby amended to read as follows:
Section 5.02. - TYPES OF ELECTIONS.
Elections to be held in the City shall all be conducted on a nonpa rtisan basis without regard
for or designation of political party affiliation.
(A) Date of Municipal Nonpartisan Election. Municipal n N onpartisan elections shall be held on
the second Tuesday in March of each year in which a term of the Mayor or Commissioner
expires .
(B) Ties . In case of a tie in the municipal nonpartisan election, a second nonpartisan election
shall be held.
(C) Special Election . All other municipal elections that may be held by authority o f this Charter,
or of any law, shall be known as special elections.
Section 3 . The Charter amendment proposed by this ordinance shall be submitted t o the electors
of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon
the favorable vote of a majority of the City electors voting at that time upon t he following question:
QUESTION NO. ______
CHARTER AMENDMENT – COMMISSIONER/MAYOR TERM LENGTH
CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MAY OR)
SERVE TWO-YEAR TERMS AND ARE LIMITED FROM HOLDING O FFICE FOR
MORE THAN SIX CONSECUTIVE YEARS. THE CHARTER AMENDM ENT
PROPOSES THE TERM LENGTHS BE CHANGED FROM TWO YEARS TO THREE
YEARS BUT STILL PROVIDE THAT THE COMMISSION MEMBERS
(INCLUDING THE MAYOR) ARE LIMITED FROM HOLDING OFFI CE FOR MORE
THAN SIX CONSECUTIVE YEARS.
3 ORD NO.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL) _____
NO (AGAINST APPROVAL) _____
Section 4 . That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of thi s ordinance.
Section 5 . That if any clause, section or other part of this ordinance s hall be declared invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected
thereby but shall remain in full force and effect.
Section 6 . That this ordinance shall become effective upon passage on second and final reading
and in accordance with Section 4 herein.
PASSED AND ADOPTED in regular session on second and final readi ng on this the _____ day of
___________________, 2012.
ATTEST: ______________________________________
MAYOR
______________________________
City Clerk
First Reading_______________
Second Reading_____________
ORDINANCE NO. C-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIO NS
BY AMENDING SECTION 4.02, “APPOINTMENT; REMOVAL;
COMPENSATION”, BY AMENDING SUBSECTION (B), “REMOVAL” ;
TO PROVIDE THAT THE REMOVAL OF THE CITY MANAGER
SHALL ONLY REQUIRE A MAJORITY VOTE; PROVIDING FOR A
REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDI NG
AN EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee which sought
input from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposa l, has decided to put the
Question set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1 . That Section 4.02, “Appointment; Removal; Compensation”, by amending
Subsection (B), “Removal”.
Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION.
(B) Removal . The City Manager shall only be terminated by the City C ommission upon the
casting of four (4) affirmative votes a majority vote in favor of such termination. Said vote
shall not take place except at a public hearing which has been duly noticed seventy-two (72)
hours in advance of the meeting at which the vote takes place.
Section 2 . The Charter amendment proposed by this ordinance shall be submitted t o the electors
of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon
the favorable vote of a majority of the City electors voting at that time upon t he following question:
QUESTION NO. ____
CHARTER AMENDMENT- CITY MANAGER REMOVAL
CURRENTLY THE CHARTER PROVIDES THAT THE CITY MANAGE R MAY
ONLY BE REMOVED UPON THE AFFIRMATIVE VOTE OF FOUR
COMMISSIONERS. THE CHARTER AMENDMENT PROPOSES TO CHANGE THE
REQUIREMENT FROM FOUR VOTES REQUIRED FOR REMOVAL TO A
MAJORITY OF THE COMMISSION (THREE VOTES) REQUIRED FOR R EMOVAL.
2 ORD NO.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL) ________
NO (AGAINST APPROVAL) ________
Section 3 . That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of thi s Ordinance.
Section 4 . That any clause, section or other part of this ordinance shall b e declared
invalid or unconstitutional by a court of competent jurisdiction, the re mainder of this ordinance shall not be
affected thereby but shall remain in full force and effect.
Section 5 . That this ordinance shall become effective upon its passage on second and
final reading and in accordance with Section 2 above.
PASSED AND ADOPTED in regular session on second and final rea ding on this the _____
day of ______________, 2012.
ATTEST: ______________________________________
MAYOR
______________________________
City Clerk
First Reading_______________
Second Reading_____________
ORDINANCE NO. D-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AM ENDING
SECTION 3.09, “TERM LIMITS”, SUBSECTION (A), “TERM LIMIT”; TO
PROVIDE THAT THE MAXIMUM TIME PERIOD ALLOWED TO HOL D
OFFICE, SIX YEARS, SHALL NOT APPLY IN THE CASE OF A
COMMISSIONER WHO ASSUMES THE OFFICE OF MAYOR, IN THA T CASE
THE TIME SPENT HOLDING OFFICE AS A COMMISSIONER SHA LL NOT
COUNT TOWARD THE SIX YEAR MAXIMUM TIME LIMIT; PROVI DING
FOR A REFERENDUM ON MARCH 12, 2013; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDI NG AN
EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Com mittee which sought input
from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposal , has decided to put the Question
set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIO N OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1 . That Section 3.09, “Term Limits”, Subsection (A), “Term Limit ”, of the City Charter
of the City of Delray Beach is hereby amended to read as follows:
Section 3.09. - TERM LIMITS.
(A) Term Limit . Individual Commissioners, including the Mayor, shall be prohibited from
holding office for more than six (6) consecutive years. However, i n the event a
Commissioner assumes the office of Mayor, the time that the Com missioner held office as a
Commissioner shall not count toward the maximum time allowed to hol d the office of
Mayor. The person assuming the office of Mayor will be al lowed to hold office for a
maximum of six consecutive years. This shall apply to any Comm issioner who has assumed
the office of Mayor on or after the March 2013 municipal election. This extension of term
limits does not apply in the case of the Mayor assuming the offic e of a Commissioner. The
term "holding office" shall be defined as serving as Commissi oner or Mayor. The term
"consecutive years" shall not include any years served as a res ult of an appointment.
Effective for those elected in March of the year 2003 and thereaft er, a Commissioner or
Mayor may complete the entire term to which they were ele cted, if a term limit is reached
during an elected term.
2 ORD NO.
Section 2 . The Charter amendment proposed by this ordinance shall be submitted t o the electors
of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon
the favorable vote of a majority of the City electors voting at that time upon t he following question:
QUESTION NO. ______
CHARTER AMENDMENT – EXTENSION OF TERM LIMITS FOR A
COMMISSIONER WHO IS ELECTED MAYOR
CURRENTLY, THE COMMISSIONERS AND MAYOR CAN ONLY HOLD OFFICE
FOR A MAXIMUM CONTINUOUS PERIOD OF SIX YEARS. THE C HARTER
AMENDMENT PROPOSES THAT IF A COMMISSIONER IS ELECTE D MAYOR,
THEN THE TIME SPENT AS A COMMISSIONER SHALL NOT COU NT TOWARD
THE MAXIMUM TIME LIMIT AND THE PERSON COULD SERVE A S MAYOR
FOR A MAXIMUM PERIOD OF SIX YEARS. THIS EXTENSION W OULD NOT
APPLY IF THE MAYOR IS ELECTED OR APPOINTED TO THE O FFICE OF
COMMISSIONER.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL) _____
NO (AGAINST APPROVAL) _____
Section 3 . That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of thi s ordinance.
Section 4 . That if any clause, section or other part of this ordinance s hall be declared invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected
thereby but shall remain in full force and effect.
Section 5 . That this ordinance shall become effective upon passage on second and final reading
and in accordance with Section 4 herein.
PASSED AND ADOPTED in regular session on second and final readi ng on this the _____ day of
___________________, 2012.
ATTEST: ______________________________________
MAYOR
______________________________
City Clerk
3 ORD NO.
First Reading_______________
Second Reading_____________
ORDINANCE NO. E-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIO NS
BY AMENDING SECTION 4.02, “APPOINTMENT; REMOVAL;
COMPENSATION”, BY AMENDING SUBSECTION (D),
“COMPENSATION”; TO PROVIDE FOR THE REMOVAL OF THE
CHARTER PROHIBITION ON REDUCING THE CITY MANAGER’S
SALARY; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013,
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee which sought
input from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposa l, has decided to put the
Question set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1 . That Section 4.02, “Appointment; Removal; Compensation”, by amending
Subsection (D), “Compensation”.
Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION.
(D) Compensation . The compensation of the Manager shall be fixed by the Commis sion and
shall not be reduced during this appointment .
Section 2 . The Charter amendment proposed by this ordinance shall be submitted t o the electors
of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon
the favorable vote of a majority of the City electors voting at that time upon t he following question:
QUESTION NO. ____
CHARTER AMENDMENT- CITY MANAGER COMPENSATION
CURRENTLY THE CHARTER PROVIDES THAT THE CITY MANAGE R’S
SALARY MAY NOT BE REDUCED. THE CHARTER AMENDMENT PR OPOSES
TO REMOVE THE LANGUAGE FROM THE CHARTER THAT THE CI TY
MANAGER’S SALARY MAY NOT BE REDUCED.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
2 ORD NO.
YES (FOR APPROVAL) ________
NO (AGAINST APPROVAL) ________
Section 3 . That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of thi s Ordinance.
Section 4 . That any clause, section or other part of this ordinance shall b e declared
invalid or unconstitutional by a court of competent jurisdiction, the re mainder of this ordinance shall not be
affected thereby but shall remain in full force and effect.
Section 5 . That this ordinance shall become effective upon its passage on second and
final reading and in accordance with Section 2 above.
PASSED AND ADOPTED in regular session on second and final rea ding on this the _____
day of ______________, 2012.
ATTEST: ______________________________________
MAYOR
______________________________
City Clerk
First Reading_______________
Second Reading_____________
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5% Filing Fee 1% Election Assessment
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Aronson, Parking Management Specialist
Richard C. Hasko, PE, Director of Environmental Ser vices
THROUGH:David T. Harden, City Manager
DATE:September 7, 2012
SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
VALET QUEUE EXPANSION / PRIME STEAKHOUSE
ITEM BEFORE COMMISSION
The item before the City Commission is a request fr om Prime Steakhouse for the expansion of its valet
parking queue from two (2) to six, (6) spaces.
BACKGROUND
The City Commission, at its March 6, 2012 meeting, tabled this request in anticipation of the impendin g
discussions regarding the Valet Parking Program, as identified in the Parking Study. While the study
suggested potential relocation of the valet queues from East Atlantic Avenue, the location of the
queues remains unchanged. Consequently, Prime Steak house has resubmitted its request for the
expansion of the valet queue by incorporating two, (2), additional spaces to the south and two (2) spa ces
across the street. Attached for your review are the request, diagrams showing proposed spaces
and travel routes, and the staff report from the Ma rch 6th meeting. Concerns raised at the March 6th
meeting, aside from the timing of the parking study review, included the number of public spaces
being devoted to the valet program, the safety of c ustomers having to cross SE 2nd Avenue, and code
enforcement issues the City was having with the own er at a neighboring location.
The Police Department was having difficulties with traffic in the area, mostly due to cars waiting to
access the queue, with some customers exiting cars while in the travel lane, insisting valets take the ir
vehicles. Clearly, considering the addition of over 10,000 square feet of restaurant recently opened i n
Worthing Place, (Salt and Park Tavern), and an addi tional 3,000 square feet of restaurant with the
conversion of the former VFW, a two-space valet queue will be ineffective in accommodat ing traffic
demand and will result in gridlocking the intersect ion of 2nd Avenue at East Atlantic Avenue.
After considering all concerns presented, the conse nsus of the Commissioners was additional spaces
would be needed to accommodate the increased demand . However, the program as a whole needed to be
reviewed prior to rendering a decision on this requ est. Staff recommends approval of expanding the
queue incorporating the two, (2), spaces on the sou th, and feels the spaces across the street would be a
great benefit to the restaurant across the street and traffic in general traveling through the area.
REVIEW BY OTHERS
The Parking Management Advisory Board, at its meeti ng of January 31, 2012, unanimously
recommended approval of the applicant's request.
At the Downtown Development Authority meeting of Fe bruary 13, 2012, the item failed to receive
a second on a motion to approve the request, and th erefore was not approved.
Consensus of the CRA, at its meeting of February 23 , 2012, was denial of the applicant's request in a 2-
3 vote (Lewis, Arts and Branning dissenting).
RECOMMENDATION
By motion, recommend approval of the applicant's re quest to expand its valet queue from two,(2), to
six, (6), spaces as presented.
Diagram A Route
Red arrows=
Drop Off
Route
Green
arrows=
Drop Off
Parking
Garage
Valet Stand
(Drop Off &
Return)
Diagram B
Parking Queues for Request
Existing
Valet Queue
2 -spaces
Requested
spots
Valet Stand /
Key box
Diagram C
Valet Stand
(Drop Off &
Return)
Requested
spots
Existing
Valet
Queues
Item Before Commission
The item before the City Commission is that of approving a reques t from Prime
Steakhouse for the expansion of its valet parking queue from two (2) to six (6)
spaces.
Background
Prime Steakhouse, located at 110 East Atlantic Ave nue, currently holds a Valet
Parking License Agreement for the valet queue on the west side of S E 2nd
Avenue, just south of Atlantic Avenue. Queued vehicles are parked in the
Federspiel Garage on SE 1st Avenue. While only one 1-block separates the two,
the existing traffic grid requires valets to drive 5-blocks to the garage, unable to
access SE 1st Ave using eastbound SE 1st Street. While the return trip would be
optimal utilizing SE 1st Street, the valet queue on the west side of the ro ad requires
the val et to return vehicles to patrons via Atlantic Avenue. In an effo rt to reduce
driving distance and improve service, the restaurant is requesting expansion of the
queue by adding two spaces, on the east side of SE 2nd Avenue, in front of the
former VFW (Vete rans of Foreign Wars) building, for returning vehicles to
customers. It is noted that Staff is working with the developer of the VFW in the
reconfiguration of the right-of-way on the east side of the road. In addition to the
aforementioned, approval of the request reduces traffic on eastbound Atlantic
Avenue during its peak utilization. Staff introduced a similar ide a several years
ago, finding the separation of incoming and outgoing vehicles streaml ines
operations. A shortcoming of the trial was restricting the s paces to customer pick-
up only, necessary to avoid lengthy distance to park vehicles. Cus tomers accessing
the queue from the north got belligerent and/or attempted u-turns, when asked to
use the correct side. This request, however, provides attendan ts with clear sight of
both east and west sides of the road, and can efficiently park and r eturn vehicles
from either side of the roadway.
Furthermore, given the queue's close proximity to Atlantic Avenue , the western
two-space queue is, at times, insuff icient to accommodate incoming vehicles given
the high volume of traffic at this western fringe of the Downtown Cor e Area.
Gridlock in this portion of Atlantic Avenue would paralyze traffic movements in
the area. Consequently, the request includes further expansion of the west side to
four (4) spaces, assimilating the two (2) spaces south of the ex isting queue. Until
recently the queue primarily served restaurants occupying the 110 East Atlantic
Avenue building, with few others. Recent occupation of the Wor thing Place
restaurants has resulted in a significant increase in parking de mand, and demand is
expected to increase further with the completion of the VFW's 3,151 square foot
conversion of use to Restaurant Racks.
The CRA (Community Redevelopment Agency) at its meeting of February 23,
2012, raised a concern over the growing number of public spaces dedi cated to the
valet parking program. Assuming the valet program provides an additional 500
spaces through the various private lot leases, and calculati ng a 1 .75 turnover ratio,
a total of 875 vehicles are accommodated through the use of (including t his
request) 54 on-street spaces, resulting in a 16 vehicle, per space, turnover r atio.
Normal turnover for on-street parking spaces, utilized by the general pub lic in busy
downtown areas, averages approximately three (3) cars per spac e during peak
times.
Staff is confident approval of the request will provide better service to patrons and
reduce several negative impacts, including but not limited to, a reduction of
eastbound traffic on Atlantic Avenue between 1st and 2nd Avenues, reduce d travel
distance, reducing emissions, mitigating allegations of speeding t hrough the
neighborhood, etc. Staff notes that, if approved, all spaces will be used for drop off
and/or pick up, contingent on vehicular approach.
Review By Others
The Parking Management Advisory Board, at its meeting of Januar y 31, 2012,
unanimously recommended approval of the applicant's request.
At the Downtown Development Authority meeting of February 13, 2012, the item
failed to receive a second on a motion to approve the request, and ther efore was
not approved.
Consensus of the CRA, at its meeting of February 23, 2012, was denial of the
applicant's request in a 2-3 vote, (Lewis, Arts and Branning dissenting).
Recommendation
Move approval of the request from Prime Steakhouse, for the expansion of its val et
parking queue from two to six spaces, as described in the preceding staff report.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:September 10, 2012
SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
AGREEMENT/ DBMC/ CRA/ CHAMBER OF COMMERCE/ CITY
ITEM BEFORE COMMISSION
Commission is requested to approve the agreement be tween the City, Community Redevelopment
Agency (CRA), the Delray Beach Downtown Marketing C ooperative (DMC) [which is doing business
as the Delray Beach Marketing Cooperative (DBMC)] a nd the Greater Delray Beach Chamber of
Commerce.
BACKGROUND
Attached is a revised copy of the agreement, which has been approved by the Board of Directors of the
DBMC. The agreement has also been approved by the C RA and the Chamber of Commerce.
The agreement is making the City the party responsi ble for financial aspects of First Night , just as we
are for the Fourth of July, versus the DBMC; and th e removal of the Downtown Development Authority
(DDA) as a party to the agreement. This new agreem ent would take effect October 7, 2012.
RECOMMENDATION
Staff recommends Commission approval of the agreeme nt between the City, CRA, DBMC and the
Chamber of Commerce.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Chevelle D. Nubin, City Clerk
THROUGH:David T. Harden, City Manager
DATE:September 14, 2012
SUBJECT:AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
MUNICIPAL LIEN SEARCH FEE INCREASE
ITEM BEFORE COMMISSION
The item before Commission is to approve an increas e to the municipal lien search fees.
BACKGROUND
The City Clerk is requesting to increase the munici pal lien search fees. The lien search fees were la st
increased in October 2009. The lien searches invol ve the City Clerk's Office, Utility Billing Divisio n
and the Code Enforcement Division. It takes approxi mately one (1) and a half hour of staff time per li en
search. If additional research is required, it coul d be much longer. Staff is requesting to increase t he
"Regular" fee from $40 to $65 and the "Rush" fee fr om $75 to $100.
An additional option would be to eliminate the "Reg ular" and "Rush" fee categories and propose a flat
fee of $100 for all lien searches with a five (5) d ay response.
Staff requests that the new fees be effective Octob er 1, 2012. Attached for your information and revie w
is the FY 2011-2012 Lien Search Log and a completed survey of the thirty-eight (38) Palm Beach
County municipalities' fees regarding lien searches .
RECOMMENDATION
Recommend approval of the fee increase.
On ‐Line
Payments
Web ‐Based
Service
RegularRushRegularRushRegularRush
Atlantis, City of 25 YN
Belle Glade, City of 2575 NN
Boca Raton, City of 150300 NN
Boynton Beach, City of115115Y
Y
Net Assets
Corp.
Briny Breezes, Town of N/C NN
Cloud Lake, Town of 25 NN
Delray Beach, City of 4075 NN
Glen Ridge, Town of 25 NN
Golf, Village of N/C N
Greenacres, City of 2540 NN
Gulfstream, Town of 10
Haverhill, Town of 25 NN
Highland Beach, Town of 20 NN
Hypoluxo, Town of 10 NN
Juno Beach, Town of 10 NN
Jupiter, Town of 25 NN
Jupiter Inlet Colony N/C NN
Lake Clark Shores, Town of 2550 N
Lake Park, Town of 4075 NN
Lake Worth, City of 110220 NN
Lantana, Town of 2550 YN
Loxahatchee Groves, Town of 20 NN
Manalapan, Town of 25 NN
Mangonia Park, Town of 15 NN
North Palm Beach, Village of 20 NN
Ocean Ridge, Town of20 NN
Pahokee, City of25
Palm Beach, Town of35100 NN
Palm Beach Gardens, City of50100 YN
Palm Beach Shores, Town of 1515 NN
Palm Springs, Village of75100 NN
Riviera Beach, City of45100
Royal Palm Beach, Village of2540 NN
South Bay, City of2 NN
South Palm Beach, Town of13 NN
Tequesta, Village of2550 NN
Wellington, Village of 35 NN
West Palm Beach, City of 115 Y
Y
Net Assets
Corp.
Municipality
Residential FeeMulti-Family Fee Commercial Fee
(Single Family/1-4 Units)(5+ units)(5+ units)
October 2011
# of Reg Searches 92
Total Reg $$$3,680.00
# of Rush Searches 63
Total Rush $$ $4,725.00
November 2011
# of Reg Searches 94
Total Reg $$$3,760.00
# of Rush Searches 75
Total Rush $$ $5,625.00
December 2011
# of Reg Searches 101
Total Reg $$$4,040.00
# of Rush Searches 120
Total Rush $$ $9,000.00
January 2012
# of Reg Searches 110
Total Reg $$$4,400.00
# of Rush Searches 41
Total Rush $$ $3,075.00
February 2012
# of Reg Searches 114
Total Reg $$$4,560.00
# of Rush Searches 50
Total Rush $$ $3,750.00
March 2012
# of Reg Searches 166
Total Reg $$$6,640.00
# of Rush Searches 82
Total Rush $$ $6,150.00
April 2012
# of Reg Searches 193
Total Reg $$$7,720.00
# of Rush Searches 58
Total Rush $$ $4,350.00
May 2012
# of Reg Searches 162
Total Reg $$$6,480.00
# of Rush Searches 56
Total Rush $$ $4,200.00
June 2012
# of Reg Searches 136
Total Reg $$$5,440.00
# of Rush Searches 65
Total Rush $$ $4,875.00
July 2012
# of Reg Searches 129
Total Reg $$$5,160.00
# of Rush Searches 40
Total Rush $$ $3,000.00
August 2012
# of Reg Searches 132
Total Reg $$$5,280.00
# of Rush Searches 44
Total Rush $$ $3,300.00
September 2012
# of Reg Searches 41
Total Reg $$$1,640.00
# of Rush Searches 15
Total Rush $$ $1,125.00
Total # of Reg Searches1,470
Total Total Reg $$$58,800.00
Total # of Rush Searches709
Total Total Rush $$ $53,175.00
FY 2011 ‐2012 LIEN SEARCHES
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for appoitn ments to the Historic Preservation Board.
BACKGROUND
The terms for regular members, Mr. Stanley Thomas a nd Ms. Annette Smith, will expire on August 31,
2012. Mr. Stanley will have served two (2) full ter ms and is not eligible for reappointment. Ms. Smith
will have served an unexpired term, is eligible and would like to be considered for
reappointment. Appointments are needed for two (2) regular members.
To qualify for appointment, a person shall either b e a resident of, or own property in the City, and/o r
own a business within the City. In addition, the Ci ty Commission shall fill five (5) seats on the Boar d
with either an architect, landscape architect, real tor/real estate broker, civil engineer, general con tractor,
architectural historian, preservationist, land plan ner or interior designer. Laypersons of knowledge,
experience and judgment that have an interest in hi storic preservation shall compose the balance of th e
Board. Preference should be given to professional a nd lay persons who own property within historic
districts or whose property is individually listed in the Local Register of Historic Places.
The following individuals have submitted applicatio ns and would like to be considered for
appointment. (Applications are in alphabetical orde r; however, the applicants are placed in their
respective categories.)
(See Exhibit “A” attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4) and
Mayor McDuffie (Seat #5) for two (2) regular member s to serve two (2) year terms ending August 31,
2014.
RECOMMENDATION
Recommend appointment of two (2) regular members to serve two (2) year terms ending August 31,
2014.
HISTORIC PRESERVATION BOARD
09/12
TERM
EXPIRES
REGULAR MEMBERS OCCUPATION
08/31/2014
Unexp Appt 08/16/11
Reappt 08/21/12
Ana Maria Aponte
Urban Designer
08/31/2013
Appt 08/16/11
Ronald Brito
General Contractor
President
08/31/2012
Appt 08/05/08
Reappt 08/17/10
Thomas Stanley, Chair
Attorney
Layperson
08/31/2014
Appt 08/17/10
Reappt 09/04/12
Annie Adkins Roof, Vice Chairperson
Attorney/Real
Estate Broker
08/31/2012
Unexp Appt 10/05/10
Annette Smith, 2 nd Vice Chairperson
Business
Owner/Interior
Designer
08/31/2013
Appt 08/16/11
Iris McDonald
Realtor
08/31/2013
Appt 09/06/11
Samuel Spear
Computer
Consultant
S/City Clerk/Board 12/Historic Preservation Board
HISTORIC PRESERVATION BOARD
EXHIBIT A
Applicants with experience in the professions required:
Reginald Cox Business Owner/Architect (currently serving on the We st Atlantic
Redevelopment Coalition)
Frances Owen Educator/Realtor
Jerome Sanzone Building Official/General Contractor
Annette Smith Business Owner/Interior Design Incumbent
Applicants interested in being a Layperson:
Kristin Christensen Financial Services-Owns a home in a Historic District (currently serving on
the Civil Service Board)
Philip Friedman Financial Aid-Assistant Director (also applying f or the Education Board)
John Miller Merchandising Category Merchant (also applying for the E ducation Board)
Dorothy Payne Companion Aid (also applying for the Neighborhood Advisory Council )
Alexia Rouquette Mays Director of Marketing & Public Relations
Francis Rozzo Roofing Contractor -Owns a home in a Historic District
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
APPOINTMENT TO THE POLICE ADVISORY BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Police Advisory Board.
BACKGROUND
Mr. Kevin Warner was appointed to the Education Boa rd at the City Commission meeting of August 7,
2012. This creates a vacancy for one (1) regular me mber.
In order to qualify for appointment, a person shall be either a resident of, own property, own a busin ess
or be an officer, director or manager of a business located within the City of Delray Beach. M embership
shall include a diverse cross section of the commun ity; business owners, religious and faith based
organizations, youth, school officials and local or ganizations, where feasible.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
(See Exhibit “A” attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one
(1) regular member to serve an unexpired term endin g July 31, 2013.
RECOMMENDATION
Recommend appointment of one (1) regular member to serve an unexpired term ending July 31, 2013.
POLICE ADVISORY BOARD
08/12
TERM EXPIRES NAME & ADDRESS
07/31/13
Appt 06/21/11
DeAnna Longo
07/31/14
Unexp Appt 08/16/11
Reappt 07/17/12
Wyana Claxton
07/31/14
Appt 08/07/12
Samuel Menard
07/31/14
Unexp Appt 08/02/11
Reappt 07/17/12
Robert Shell, Vice Chair
07/31/13
Unexp Appt 04/20/10
Reappt 06/21/11
Matthew Monahan
07/31/13
Unexp Appt 11/01/11
Annette Annechild
07/31/14
Appt 07/17/12
Shelly Weil
07/31/14
Appt 07/17/12
Aird Cajuste
07/31/14
Appt 07/20/10
Reappt 07/17/12
Edith Thompson
07/31/13
Appt 06/21/11
Catherine DeMatto
07/31/13
Unexp Appt
Vacant
07/31/13
Appt 06/21/11
(Student)
Elisha Porter
07/31/14
(Student)
Vacant
S/City Clerk/Board 12/Police Advisory Board
City of Delray Beach Police Advisory Board – Applic ants
Exhibit A
1. Theodore Berman Resident/Business Owner
2. John Michael Chadam Resident
3. Laura Fenoglio Resident
4. Joseph Ingram Resident
5. John Jackson Resident
6. Linda Kidd Resident
7. Ellen Major-Hanna Resident
8. Robert Marks Resident
9. Marc Muscarella Resident/Business Owner
10. Maria Sachs Resident
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 9.I. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD
ITEM BEFORE COMMISSION
There are vacancies on the Green Implementation Adv ancement Board due to the resignations of Mr.
Jeff Benavides, Ms. Pamela Grossman and Mr. Michael Marcus. Please note that Mr. Marcus would
like to be considered for alternate membership. Sec ondly, Ms. Isabelle Alarie was appointed to the
Board on July 5, 2012. She is also a member of the Board of Adjustment and opted to remain a member
on the Board of Adjustment. Appointments are needed for two (2) regular members and two (2)
alternate members.
On July 21, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing the
Green Implementation Advancement Board for the purp ose of making recommendations to the City
Commission regarding ways to improve the environmen tal sustainability of City programs, services,
equipment and facilities; strategies for improving the environmental sustainability of the community;
incentives for residents, businesses, and organizat ions to practice environmental conservation includi ng
recycling; proposed means to enhance water and ener gy conservation; ideas for promotion of tree
planting and xeriscaping; best practices to be cons idered for implementation in Delray Beach, includin g
long-term strategies; and proposed revisions to Cit y ordinances to address Green technologies.
On August 7, 2012, Resolution No. 36-12 was approved to reduce the number of members on the
Board. The Green Implementation Advancement Board s hall consist of five (5) regular members and
two (2) alternate members. All members shall have e xpertise or an interest in environmental
conservation and sustainability and shall be reside nts of or own property in the City, own a business
within the City, or be an officer, director or mana ger of a business located within the City.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
Michael Marcus Re cycling Manager/Partner
Giulia Pace Vice President/Investment Research
Hilary Roche Managing Director
Nancy Schneider Pro ject Manager/Flight Attendant
Joeven Valenzuela Engi neer/Principal/Co-Owner
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered w ith the exception of Ms. Giulia Pace.
Based on the rotation system, the appointments will be made by Commissioner Carney (Seat #1) and
Commissioner Jacquet (Seat #2) for two (2) regular members to serve unexpired terms ending July 31,
2014. Commissioner Frankel (Seat #3) and Commission er Gray (Seat #4) will make appointments for
(2) alternate members to serve unexpired terms endi ng July 31, 2013.
RECOMMENDATION
Recommend appointment of two (2) regular members to serve unexpired terms ending July 31, 2014,
and two (2) alternate members to serve unexpired te rms ending July 31, 2013.
07/12 GREEN IMPLEMENTATION ADVANCEMENT BOARD
TERM EXPIRES NAME & ADDRESS OCCUPATION
07/31/2013
Appt 08/04/09
Reappt 06/21/11
David Hawke
Architect
07/31/2014
Unexp Appt 12/06/11
Reappt 07/05/12
Jeff Conley
Architecture/Engineering-
Principal
07/31/2014
Unexp Appt
Vacant
07/31/2013
Unexp Appt 04/05/11 reg
Unexp Alt 03/02/10
Reappt 06/21/11
Stephanie “Chloe” Bedenbaugh
Human Resources
07/31/2014
Unexp Appt
Vacant
ALTERNATE
MEMBERS
07/31/2013
Unexp Appt
Vacant
07/31/2013
Unexp Appt
Vacant
S/City Clerk/Board 12/Green Implementation Advancem ent Board
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lisa M. Herrmann, Budget Officer
THROUGH:David T. Harden, City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
RESOLUTION NO. 47 -12 FINAL MILLAGE LEVY
ITEM BEFORE COMMISSION
The item before Commission is Resolution No. 47-12 which levies a tax on all properties in the City of
Delray Beach for FY 2013. The operating millage for FY 2013 is 7.1992.
BACKGROUND
The FY 2013 operating millage is 7.1992 and the FY 2013 debt service millage is 0.6041. The proposed
operating millage is greater than the rolled-back millage rate (7.1805) by 0.26%. The total mill age rate
for FY 2013 (both operating and debt service) is eq ual to the total millage rate for FY 2012.
The assessed valuation on all taxable property with in the City for operating purposes is $6,218,550,01 3.
The assessed valuation for debt services is $6,220,735,327. The reason for the differential is the
exemptions that were granted to historic properties in the City are applied to the operating milllage only.
Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the
adoption of the resolution.
RECOMMENDATION
Recommend approval of Resolution No. 47-12 - Millag e Levy for FY 2013.
RESOLUTION NO. 47-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND
TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND
INTEREST ON BONDED INDEBTEDNESS, AND TO
ALLOCATE AND APPROPRIATE SAID COLLECTIONS
THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a tax of $7.1992 per one thousand dollars ($1,000.00) of assessed
valuation is hereby levied on all taxable property w ithin the City of Delray Beach for the fiscal year
commencing October 1, 2012, and ending September 30, 2013. There shall be and hereby is
appropriated for the General Fund operations of the C ity revenue derived from said tax for
operating and maintenance expenses of the General Fu nd, and also in addition, all revenues derived
by said City during said fiscal year from all other so urces other than the tax levy for current bond
service and that part of collection of delinquent tax es levied for bond service. The assessed
valuation on all taxable property for operating pur poses within the City of Delray Beach is
$6,218,550,013. The operating millage rate of $7.1 992 per one thousand dollars ($1,000.00) is
greater than the rolled-back rate of $7.1805 per one thousan d dollars ($1,000.00) by 0.26%.
Section 2. That the amount of money necessary to be raised fo r interest charges
and bond redemption which constitutes a general obliga tion bonded indebtedness of the City of
Delray Beach is $3,569,827. There is hereby approp riated for the payment thereof, all revenues
derived from the tax levy of $0.6041 per one thousand dollars ($1,000.00) of assessed valuation,
which is hereby levied for that purpose for the fis cal year commencing October 1, 2012, and ending
September 30, 2013, upon the taxable property of th e City of Delray Beach, the assessed valuation
being $6,220,735,327.
Section 3. That the above millage rates are adopted subject to adjustment in
accordance with Section 200.065(5) of the Florida Sta tutes which provides that a municipality may
adjust its adopted millage rate if the taxable value w ithin the jurisdiction of the taxing authority as
certified pursuant to Section 200.065(1) is at varia nce by more than one percent (1%) with the
taxable value shown on the assessment roll to be extended.
RES. NO. 47-12
2
Section 4. That public hearings were held on the budget on Sep tember 4, 2012 and
September 20, 2012.
PASSED AND ADOPTED in regular session on this the 20th day of September,
2012.
_________________________________
M A Y O R
ATTEST:
________________________________
City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lisa M. Herrmann, Budget Officer
THROUGH:David T. Harden, City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
RESOLUTION NO. 48 -12 FINAL MILLAGE LEVY/DDA
ITEM BEFORE COMMISSION
The item before Commission is Resolution No. 48-12 which levies a tax on all properties within the
Downtown Development Authority (DDA) Taxing Distric t of the City of Delray Beach. The DDA
millage rate for FY 2013 is 1.0000.
BACKGROUND
The millage rate of 1.0000 for the DDA is no increa se from FY 2012, but is more than the rolled back
rate (0.9848) by 1.54%. The assessed valuation on a ll taxable property for operating purposes with the
Downtown Development Authority Taxing District of t he City of Delray Beach is $520,595,770.
A copy of the DDA budget for FY 2013 is attached.
RECOMMENDATION
Recommend approval of Resolution No. 48-12 - Final Millage Levy/DDA for FY 2013.
RESOLUTION NO. 48-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT
AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR MAINTENANCE AND
OPERATION, AND TO APPROPRIATE SAID COLLECTIONS
THEREUNDER.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a tax of $1.0000 per one thousand dollars ($1,000.00) of assessed
valuation is hereby levied on all taxable property within the Downtown Development Authority
Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2012, and
ending September 30, 2013. There shall be and hereby is appropriated for the purpose of financing
the operation of the Downtown Development Authority Taxing District revenue derived from said
tax for operating and maintenance expenses of the Do wntown Development Authority Taxing
District, and also in addition, all revenues derived by said Taxing District during said fiscal year from
all other sources other than the tax levy for curre nt bond service and that part of collection of
delinquent taxes levied for bond service. The assesse d valuation on all taxable property for
operating purposes within the Downtown Development Authority Taxing District of the City of
Delray Beach is $520,595,770. The operating millage rate of $1.0000 per one thousand dollars
($1,000.00) is more than the rolled-back rate of $0.9848 per one thousand dollars ($1,000.00) by
1.54%.
Section 2. That the above millage rate is adopted pursuant to Florida Statutes
Section 200.065(2)(e)(2), and subject to adjustment i n accordance with Section 200.065(5) of the
Florida Statutes which provides that each affected tax ing authority, other than municipalities,
counties, school boards, and water management district s, may adjust its adopted millage rate if the
taxable value within the jurisdiction of the taxing authority as certified pursuant to Section
200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the
assessment roll to be extended.
Section 3. That public hearings were held on the budget on Sep tember 4, 2012 and
September 20, 2012.
RES. NO. 48-12
2
PASSED AND ADOPTED in regular session on this the 20th day of September,
2012.
______________________________
M A Y O R
ATTEST:
__________________________________
City Clerk
Downtown Development Authority Interim Income & Expenditure at 5/31/12 Plus approved budget 2012/2013
Revenue & Expenses Actual for year
Approved
BudgetActual to date
Estimated 4
mnths to
9/30/12
Estimated Total
at 9/30/12Approved Budget
Revenues2010 ‐112011 ‐122011 ‐122011 ‐122011 ‐122012 ‐13
1Ad Valorem Taxes449,112477,520470,47117,049487,520494,566
2Interest earned1,5762,0002451,7552,0002,000
3Sponsorship Income ‐ Marketing23,00010,19022,50032,690
4Misc. Income ‐ Not Marketing13,3004,2003,3007,500
5Guide Book Income18,15018,15020,000
6Howard Alan ‐Legacy Partner33,00033,00030,0003,00033,00033,000
7Other Legacy Partners 30,000
8 Total Revenues519,988512,520533,25647,604580,860579,566
11 Expenditures
12DDA Payroll 138,204142,00094,66647,334142,000171,260
13Contracted admin help5,3347,5003,5181,9005,4187,500
14P/R taxes,SUTA,FUTA11,37511,2457,8273,63811,46514,004
15Health Insurance9,59012,0608,3893,80812,19711,097
16Worker's Comp, Ins08938930893900
17Retirement9,9406,6273,3139,94010,238
Sub Total Payroll Expenses164,503183,638121,92059,993181,913214,999
21External Audit Fees6,8006,8006,80006,8006,800
22Bookkeeping & Payroll Svcs3,1083,7072,4761,2313,7073,750
23Dues, Subscriptions2,2832,2253,0103913,4013,500
24Liability Ins + Office Contents6,4755,5826,63406,6346,634
25Property Appraiser Fee3,7423,7802,4749063,3804,113
26Conferences Travel Meetings9,1908,0006,8964,31711,21310,000
27Legal Fees5935,0003503505,000
Sub Total Operational Expenses32,19135,09428,6406,84535,48539,797
31Car allowance2,6402,6401,7608802,6403,600
32Phones5,0295,4603,6371,3635,0005,800
33Office Supplies & repairs etc6,7575,0002,6929083,6005,000
34Postages & Printing1,2131,5007567441,5001,500
35Office rental13,70014,4009,6004,80014,40014,400
36 Sub Total Office Expenses29,33929,00018,4458,69527,14030,300
37 Total Office/Administrative226,033247,732169,00575,533244,538285,096
Marketing/Promoting
41DMC Events67,00050,00050,000050,00040,000
42Downtown Guide Book1,0151,50018,960018,96020,000
43Pineapple Grove4,0005,000464,9545,0005,000
44West Atlantic4,8575,0005,0005,0005,000
45Retail Promotions9,12710,0008,22808,22810,000
46*Total Marketing / Advertising187,625145,450184,95830,873215,831132,900
47Total Marketing/Promotion273,624216,950262,19240,827303,019212,900
50Total Economic Development27,32344,55031,94231,94235,000
60Total Place Making Clean & Safe 45,000
70Total Revenues519,988512,520533,25647,604580,860579,566
71Less Total Expenses526,980509,232463,139116,360579,499577,996
72 (Over)/under spent for period (6,992)3,28870,117(68,756)1,3611,570
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lisa M. Herrmann, Budget Officer
THROUGH:David T. Harden, City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
RESOLUTION NO. 49 -12 BUDGET ADOPTION FOR FY 2013
ITEM BEFORE COMMISSION
Resolution No. 49-12 provides for appropriation of sums of money for all necessary expenditures of the
City for the period from the 1st of October 2012 to the 30th of September 2013.
BACKGROUND
The FY 2013 Budget appropriations are set forth in Exhibit A of the attached Resolution No. 49-12. The
budget utilizes an operating millage of 7.1992 and a debt service millage of 0.6041. Any recommended
amendments to Exhibit A will also be addressed in t he Resolution for final budget adoption.
Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the
adoption of the budget.
RECOMMENDATION
Recommend approval of Resolution No. 49-12 - Final Budget Adoption for FY 2013.
RESOLUTION NO. 49-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, MAKING
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH FOR THE PERIOD FROM THE 1 st DAY OF
OCTOBER, 2012, TO THE 30 th DAY OF SEPTEMBER, 2013; TO
PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS
WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND
THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS
WHOLLY IN CONFLICT WITH THIS RESOLUTION AND
ALL RESOLUTIONS INCONSISTENT WITH THIS
RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached hereto and marked Exhibit
“A”, are hereby appropriated upon the terms and conditions herein se t forth.
Section 2. That, subject to the qualifications contained in t his resolution, all
appropriations made out of the General Fund are declar ed to be maximum, conditional and
proportionate appropriations, the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in th e event the aggregate revenues collected and
other resources available during the period commencin g the 1 st day of October, 2012, and ending
the 30 th day of September, 2013, for which the appropriation s are made, are sufficient to pay all the
appropriations in full. Otherwise, said appropriati ons shall be deemed to be payable in such
proportion as the total sum of realized revenue of t he General Fund is to the total amount of
revenues estimated by the City Commission to be avai lable in the period commencing the 1 st day of
October, 2012, and ending the 30 th day of September, 2013.
Section 3. That all balances of the appropriations payable o ut of the General Fund
of the City Treasury unencumbered at the close of bu siness on the 30 th day of September, 2012,
except as otherwise provided for, are hereby declared t o be lapsed into the City Treasury and may be
used for the payment of the appropriations which may be made in any appropriation for the fiscal
year commencing the 1 st day of October, 2012. However, nothing in this sec tion shall be construed
to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund,
Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be
used in financing the proposed expenditures of these F unds for the fiscal year commencing the 1 st
day of October, 2012.
RES. NO. 49-12 2
Section 4. That no department, bureau, agency or individual rec eiving
appropriations under the provisions of this resoluti on shall exceed the amount of its appropriation,
except with the consent and approval of the City Com mission first obtained. If such department,
bureau, agency or individual shall exceed the amount o f its appropriation without such consent and
approval of the City Commission, the administrative officer or individual, in the discretion of the
City Commission, may be deemed guilty of neglect of o fficial duty and may be subject to removal
therefore.
Section 5. That nothing in this resolution shall be constr ued as authorizing any
reduction to be made in the amounts appropriated in th is resolution for the payment of interest on,
or retirement of, the debt of the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this resolu tion in connection
with the General Fund, Water and Sewer Fund, Sanitatio n Fund or any other Fund of the City shall
be expended for any purposes other than those for whi ch they are appropriated, and it shall be the
duty of the Budget Officer and/or Finance Director to r eport known violations of this section to
the City Manager.
Section 7. That all monies collected by any department, bureau , agency or
individual of the City government shall be paid promptly into t he City Treasury.
Section 8. That the foregoing budget is hereby adopted as the official budget of the
City of Delray Beach, Florida, for the aforesaid perio d. However, the restrictions with respect to the
expenditures/expenses of the funds appropriated shall a pply only to the lump sum amounts for
classes of expenditures/expenses which have been included in t his resolution.
Section 9. That public hearings were held on the budget on Sep tember 4, 2012 and
September 20, 2012.
Section 10. That this resolution shall become effective immedi ately upon its
passage.
PASSED AND ADOPTED in regular session on this the 20th day of September,
2012.
_____________________________
M A Y O R
ATTEST:
________________________________
City Clerk
DOWNTOWNSPECIAL
GENERALDEVELOPMENTENTERPRISEREVENUE
FUNDFUNDFUNDSFUNDSTOTAL
CASH BALANCES BROUGHT FORWARD 1,600,0001,532,65003,132,650
ESTIMATED REVENUES :
TAXES Millages
AD VALOREM TAXES 7.1992 42,530,16000042,530,160
AD VALOREM TAXES 0.6041 3,570,0500003,570,050
AD VALOREM-DELINQUENT500,000000500,000
AD VALOREM - DDA 1.0000 0494,56600494,566
Sales & Use Taxes1,310,0000001,310,000
Utility Taxes5,150,0000005,150,000
Other Taxes4,390,0000004,390,000
Franchise, Licenses & Permits8,859,370080008,860,170
Intergovernmental6,538,3800402,7501,026,4907,967,620
Charges for Services10,284,100042,451,570052,735,670
Fines & Forfeitures1,097,50000116,5001,214,000
Miscellaneous Revenues5,871,98085,00067,840838,3906,863,210
Other Financing Sources4,355,5500103,0001,024,6205,483,170
TOTAL REVENUES AND OTHER
FINANCING SOURCES 94,457,090579,56643,025,9603,006,000141,068,616
TOTAL ESTIMATED REVENUES
AND BALANCES 96,057,090579,56644,558,6103,006,000144,201,266
EXPENDITURES/EXPENSES :
General Government Services9,250,6300009,250,630
Public Safety53,221,48000116,50053,337,980
Physical Environment560,970026,030,340026,591,310
Transportation3,201,5100003,201,510
Economic Environment6,718,440577,99602,006,8609,303,296
Human Services59,75000059,750
Culture & Recreation14,084,64003,540,210875,69018,500,540
Debt Service5,365,33006,719,580012,084,910
Other Financing Uses3,592,78006,788,290010,381,070
TOTAL EXPENDITURES/EXPENSES 96,055,530577,99643,078,4202,999,050142,710,996
Reserves1,5601,5701,480,1906,9501,490,270
TOTAL EXPENDITURES AND RESERVES 96,057,090579,56644,558,6103,006,000144,201,266
Exhibit A
Budget Summary
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH:City Manager
DATE:September 11, 2012
SUBJECT:AGENDA ITEM 10.C1 - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
APPROVAL OF THE FIVE YEAR CAPITAL IMPROVEMENT PLAN
ITEM BEFORE COMMISSION
The action requested of the City Commission is that of adoption of the proposed Capital Improvement
Plan (CIP) for FY 2012-13 - FY2016-17 and acceptance of the Planning and Zoning Board 's finding
that the proposed Five Year Capital Improvement Pla n and FY 2013 Capital Improvement Budget are
consistent with the Comprehensive Plan.
BACKGROUND
The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000 ,
which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is
the first year of that plan, to which the City Comm ission will commit as part of the adopted annual
budget. The proposed CIP (FY2012-13 - FY2016-17) is organized by funds, and then line items. Lin e
items can be individual projects (i.e. Beach Renour ishment), or annual allocations for repair and
replacement such as “Building Maintenance” or “Vehi cle Replacement”. Expenditures on current
projects which are not completed in the current fis cal year will “carry over” into the next fiscal yea r.
There is overall consistency of the proposed CIP wi th the Comprehensive Plan. The items contained in
the Five-Year CIP are contained within the Goals, Objectives and Policies of the Comprehensive Plan.
Projects listed in the CIP closely track the Compre hensive Plan, and are projected to be done within a
comparable time frame. Although some projects are s pecifically identified, most are part of overall
maintenance and improvement programs.
REVIEW BY OTHERS
The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review
the CIB and CIP annually, prior to their adoption b y the City Commission and issue a statement of
consistency with the Comprehensive Plan. This respo nsibility is expressed in Capital Improvement
Element Policies A-3.3 and A-3.4. The Planning and Zoning Board considered the r equest at its August
20, 2012 meeting and made a positive finding that t he categories and tasks referenced in the CIP are
consistent with the Comprehensive Plan.
RECOMMENDATION
By motion, accept the Planning and Zoning Board's f inding that the categories and tasks referenced in
the proposed Five-Year Capital Improvement Plan and FY 2013 Capital I mprovement Budget are
consistent with the Comprehensive Plan and adopt th e proposed Capital Improvement Plan (CIP) for FY
2012-13 - FY2016-17.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF : AUGUST 20 , 20 1 2
AGENDA NO. V I . B .
AGENDA ITEM : STATEMENT OF FINDING THAT THE PROPOSED FIVE YEAR CAPITAL
IMPROVEMENT PLAN FOR FY 201 2 -1 3 THROUGH FY 201 6 -1 7 AND THE
FY 201 3 CAPITAL IMPROVEME NT BUDGET ARE CONSISTENT WITH
THE COMPREHENSIVE PLAN.
ITEM BEFORE THE BOARD
The item before the Board is that of making a finding that the proposed Capital Improvement
Plan (CIP) is consistent with the Comprehensive Plan.
BACKGROUND
The Capital Improve ment Plan (CIP) is a listing of the projects with capital expenditures over
$25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement
Budget (CIB) is the first year of that plan, to which the City Commission will co mmit as part of
the adopted annual budget. The Planning and Zoning Board, acting as the Local Planning
Agency, has the responsibility to review the CIB and CIP annually, prior to their adoption by the
City Commission and issue a statement of consistency wi th the Comprehensive Plan. This
responsibility is expressed in Capital Improvement Element Policies A -3.3 and A -3.4.
The attached Current CIP (FY20 1 1 -1 2 - FY201 5 -1 6 ) and Proposed CIP (FY20 1 2 -1 3 - FY201 6 -
1 7 ) are organized by funds, and then line items. Lin e items can be individual projects (i.e. Beach
Renourishment), or annual allocations for repair and replacement such as “Building
Maintenance” or “Vehicle Replacement”. Expenditures on current projects which are not
completed in the current fiscal year wil l “carry over” into the next fiscal year.
ANALYSIS
The Capital Improvement Plan is reviewed each year by the Capital Improvement Committee
consisting of the City Manager, Assistant City Manager, Finance Director, City Engineer,
Planning & Zoning Director and Environmental Services Director. Proposed projects are
prioritized within three categories, Critical Items (must be satisfied with in the current year),
Mandatory Items (should be satisfied within one year) and Desirable Items (should be satisfied
in a time frame greater than one year) and then budgeted accordingly within the overall 5 -year
program. As the CIP is compared to the Comprehensive Plan, there should be consistency with
regard to the list of projects, cost estimates, and time frame s .
There is overall consistency of the proposed CIP with the Comprehensive Plan. The i tems
contained in the Five -Year CIP are contained within the Goals, Objectives and Policies of the
Comprehensive Plan. Projects listed in the CIP closely track the Comprehensive Plan, and are
projected to be done within a comparable time frame. Although some projects are specifically
identified, most are part of overall maintenance and improvement programs. For the purpose of
this review, the CIP has been divided into major categ ories which relate to the elements of the
Comprehensive Plan and the authorizing policies have been identified.
Planning and Zoning Board Memorandum Staff Report - August 20, 2012
Consis tency of the 5 -Year CIP with the Comprehensive Plan
Page 2
COASTAL MANAGEMENT
The CIP includes capital expenditures related to maintenance of the coastal ecosystem,
including beach renourishment and s ea turtle monitoring. These items, which total
approximately $9.9 million over the next five years, are funded by the Beach Restoration Fund.
Expenditures are authorized by the following Objective and Policies of the Coastal Management
Element:
Coastal M anagement Element Objective A -1
The City shall continue its established and ongoing programs for the purposes of protecting,
conserving, and enhancing coastal wetlands, living marine resources, coastal barriers, wildlife
habitat, beach erosion control, du ne protection, and sea turtle protection. A report of the status
of those programs shall be prepared annually and made available to the public at the Town Hall
Meeting, at City Hall, and on the City’s website.
Policy A -1.3 The City shall undertake beach a nd dune studies as required by permitting
agencies to monitor and maintain the Beach Renourishment Project.
Policy A -1.5 The City shall protect sea turtles and their nesting habitat through continuation of
lighting restrictions, monitoring and education programs.
RECREATION
The CIP includes capital expenditures related to the provision and maintenance of recreational
facilities. These items, which total approximately $7.2 million over the next five years, are
funded by the General Capital Improvements F und, the City Marina Fund, the Recreation
Impact Fee Fund, the Municipal Golf Course Fund, and the Lakeview Golf Course Fund. In
addition to improvements to various city parks and recreational facilities, improvements include
$580,000 for the Riverwalk, $4 68 ,000 for maintenance and rehabilitation at the Tennis Center ,
$4 47 ,000 for Pompey Park (pool redesign , PA system and shade system ), $310,000 for Old
School Square Site/Park Improvements, $300,000 for Little Fenway Park, $277,000 for
improvements at Veter ans Park , and $175 ,000 for Merritt Park renovations. The expenditures
are authorized by the following Objective and Policies of the Open Space and Recreation
Element.
Open Space & Recreation Element Objective A -2
Park and recreation facilities shall be adequately and efficiently provided with adequate parking
and public access and shall be compatible with surrounding existing properties and new
development through implementation of the following policies:
Policy A -2.1 The City shall provide additional p ark, recreation, and open space facilities
through enhancement of existing facilities, major capital improvements, and the provision of new
services to geographic areas which do not have facilities readily available to them.
Policy A -2.2 The City, through the Parks and Recreation Department, shall place its first
recreation priority on the provision of facilities for activities which serve all residents of the
community and which can be achieved through completing the development of existing park
areas, en hancing existing facilities, and adding specialized items such as playgrounds to
existing facilities.
Planning and Zoning Board Memorandum Staff Report - August 20, 2012
Consis tency of the 5 -Year CIP with the Comprehensive Plan
Page 3
Policy A -2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving Policy
A -2.2. This mechanism shall only be one of the funding sou rces which are applied to meeting
that policy.
Policy A -2.6 As part of the preparation of Strategic Task Team Neighborhood Action Plans,
the City shall evaluate the possibility of establishing neighborhood or “pocket parks” in the area
for which the plan is being prepared. The evaluation should include identification of vacant or
surplus parcels, and strategies to assure that the neighborhood determines the parameters of
the park and is responsible for construction and operating costs. Such strategies shou ld rely
heavily on existing neighborhood associations as the originating, motivating and organizing
forces.
Policy A -2.1 0 All planning for parks and recreational facilities shall be in accordance with the
adopted City of Delray Beach Parks and Recreation System Master Plan.
BEAUTIFICATION
The CIP includes capital expenditures related to landscape and streetscape projects. These
items, which total approximately $13.8 million over the next 5 years, are funded by the
Beautification Trust Fund , the Neighbor hood Services Fund, and the General Capital
Improvements Fund. Major expenditures include $11.1 million for streetscape improvements to
Federal Highway , $910 ,47 0 for NE 2 nd Avenue/Seacrest beautification , and $250,000 to
improve curb appeal . The expenditur es are authorized by the following Objectives and Policies
of the Open Space and Recreation Element and Transportation Element:
Open Space & Recreation Element Objective B -1
The retention and creation of visual open space areas is vital to meeting the o verall goals of the
Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The
maintenance of vistas, enhancement of the streetscapes, and additional open space are
objectives which shall be accomplished through the followi ng:
Policy B -1.2 The City shall continue its on -going street beautification efforts, including
programs such as Adopt -A -Tree, landscaping upgrades as part of street construction projects,
and an emphasis on providing sufficient funds to maintain existing landscaping at a high level.
Transportation Element Objective B -3
The accommodation of traffic, accomplished through street widening, shall not detract from the
aesthetics of the community and shall be accomplished through an integrated multi -modal
trans portation system, and traffic demand management initiatives.
Policy B -3.1 The City shall continue its public street beautification program, for median and
perimeter landscaping.
Policy B -3.2 The City shall continue to budget sufficient funds to maintain streetscapes under
its jurisdiction for community aesthetics.
Policy D -3.9 The City and CRA shall implement a plan for enhancement of the US -1 corridor
(NE/SE 5th Avenue and NE/SE 6th Avenue) between NE 8th Street and SE 10th Street through
beautification and the provision of improved safety, parking, bike lanes and pedestrian
circulation. Improvements supported by the traffic circulation test conducted in 2008 shall be
constructed in phases between FY 2009/10 and FY 2014/15. Adjacent new development and
r edevelopment shall be required to contribute toward the costs of these improvements.
Planning and Zoning Board Memorandum Staff Report - August 20, 2012
Consis tency of the 5 -Year CIP with the Comprehensive Plan
Page 4
HOUSING
The CIP includes capital expenditures related to maintenance and improvement of the City’s
housing supply. These items, which total approximately $7 .1 million ove r the next 5 years, are
funded by the Neighborhood Services Fund. Major improvements include $3 .5 million for
neighborhood stabilization, including acquisition, renovation and sale of foreclosed homes , $1.4
million for housing rehabilitation , and $906,000 for neighborhood housing . The expenditures are
authorized by the following Objective and Policies of the Housing Element:
Housing Element Objective A -7
The City shall work to upgrade substandard housing conditions by providing programs to
improve the str uctural and aesthetic conditions of its existing housing stock and neighborhoods
and address the needs of displaced residents. Most programs will be targeted to those areas
that are showing the greatest signs of deterioration (those identified as “needing Revitalization”
or “needing Rehabilitation” on the Residential Neighborhood Categorization Map); others will be
available citywide.
Policy A -7 .1 Through its CDBG program, the City will continue to offer housing rehabilitation
loans for the upgrading of su bstandard owner -occupied housing in designated target areas.
Policy A -7 .2 The City will participate in state and federal programs such as SHIP (State
Housing Initiatives Partnership) and HOME, and to provide for the purchase and rehabilitation of
existing housing and the construction of new housing.
Policy A -7.3 The City will provide local funding for the rehabilitation of the exterior of existing
owner -occupied units, including improvements such as new landscaping, painting, and
replacement of doors and windows. This program shall be available on a citywide basis.
Policy A -7.4 The City will continue to promote and fund programs such as Paint -Up Delray,
Adopt -A -Street (litter control), Adopt -A -Tree (street tree plantings), and similar programs
intended to improve the appearance of its neighborhoods.
UTILITIES
The CIP includes capital expenditures related to improvements and maintenance of City water,
wastewater and drainage facilities. These items, which total approximately $21.8 million over
the next 5 years, are funded by the Water/Sewer New Capital Outlay Fund, the Water/Sewer
Renewal and Replacement Fund, and the Storm Water Utility Fund. In addition to construction
of upgraded water, sewer and drainage systems throughout the City, improvements includ e
$4.2 million for expansion of the reclaimed water transmission system , $930,000 for reclaimed
water distribution/customer connections , $5.6 million for Automated Meter Reading, and
$700,000 for Storm Water upgrades associated with the Federal Highway Bea utification Project .
The expenditures are authorized by the following Objectives and Policies of the Public Facilities
and Coastal Management Element s :
Public Facilities Element Objective C -2
Upgrading of sewer and water facilities shall occur as quickl y as possible based on available
funding. System upgrades shall be funded through annual appropriations in the Water and
Sewer Renewal and Replacement Fund.
Planning and Zoning Board Memorandum Staff Report - August 20, 2012
Consis tency of the 5 -Year CIP with the Comprehensive Plan
Page 5
Policy C -2.1 A study has been completed determining the total program cost of addressing
remedial work needed, for wastewater lines and lift stations, to correct the problems with inflow
and infiltration. The City shall allocate annual expenditures to complete the project by 2015.
Policy C -2.2 A study has been completed determining the total program c ost of addressing
remedial work needed to correct deficiencies in existing water lines. The City shall allocate
annual expenditures to complete the project by 2015.
Public Facilities Element Objective C -3
Installation of wastewater collection facilities shall be programmed and provided when the need
is demonstrated.
Policy C -3.2 Upgrading of existing wastewater facilities shall be provided for through annual
appropriations in the capital improvement program.
Public Facilities Element Objective C -4
Ins tallation of potable water distribution facilities shall be programmed and provided when the
need is demonstrated.
Policy C -4.1 Upgrading of existing potable water facilities shall be provided for through annual
appropriations in the capital improvement p rogram.
Public Facilities Element Objective E -1
A capital improvement program directed specifically to storm drainage and runoff management
has been adopted by the City Commission, and capital projects, as identified in that program,
shall be implemented with funding to come from the Stormwater Utility Fee.
Public Facilities Element Objective E -2
Drainage improvements and flood control measures shall be financed through the Stormwater
Utility Fee. Funded projects shall be located throughout the City as opposed to being
concentrated in a single quadrant. The fee shall be reassessed upon completion of the program.
Coastal Management Objective A -3
The City shall protect and enhance the quality of the marine habitat through support for effluent
reuse and d eep water injection by the South Central Regional Wastewater Treatment Facility
Board, with the ultimate goal of eliminating dependence on the ocean outfall for other than
emergency and DEP permitted exceptions.
PUBLIC BUILDINGS & OTHER FACILITIES
The CI P includes capital expenditures related to new and existing public buildings , facilities and
equipment . These items, which total approximately $20.6 million over the next 5 years, are
funded by the General Capital Improvements Fund , Law Enforcement Trust F und, and the
Central Garage Fund. In addition to general maintenance and upgrades to buildings, equipment
and systems throughout the City, improvements include $6 million for replacement of the Police
Department’s Motorola Radio and $10 million for replace ment of City vehicles (including police
and fire). The expenditures are authorized by the following Objective and Policies of the Public
Facilities Element:
Planning and Zoning Board Memorandum Staff Report - August 20, 2012
Consis tency of the 5 -Year CIP with the Comprehensive Plan
Page 6
Public Facilities Element Objective D -1
Provisions are to be implemented to maintain and upgrade existing public facilities to a state of
the art level of service and improve the appearance of the facilities.
Policy D -1.1 The City shall continue its established program for the maintenance and repair of
buildings and facilities, including such items as roof replacement and major structural repair, in a
timely manner to maintain the viability of the facility.
Policy D -1.2 The City shall continue its established program for the replacement of irreparable
or obsolete buildings, facilities, and major fac ility elements and the upgrading of existing
facilities to maintain their ability to deliver the established level of service to the community.
TRANSPORTATION
The CIP includes capital expenditures related to maintenance and improvement of the City’s
tran sportation systems, including automotive, pedestrian and public transportation. These items,
which total approximately $4.6 million over the next 5 years, are funded by the General Capital
Improvements Fund. In addition to general maintenance of existing r oadways and sidewalks,
major improvements include $860 ,000 for the a nnual street resurface/reconstruction program ,
$471 ,000 for the railroad crossing annual maintenance program , and $591 ,000 for
improvements to the Swinton/Atlantic Avenue intersection . The expenditures are authorized by
the following Objectives and Policies of the Public Facilities Element and Transportation
Element:
Public Facilities Element Objective E -3
The street system under the City’s jurisdiction shall be maintained and enhanced to provide a
uniform level of service throughout the City and provide a safe and convenient transportation
network.
Policy E -3.1 The program of resurfacing streets shall be maintained with at least the current
funding level.
Policy E -3.2 The City shall pro gram installation of sidewalks on an annual basis, with the goal
of completing a safe and convenient sidewalk system throughout the City by the year 2010.
Transportation Element Objective B -2
Travelways which are primarily used by residents (local street s) shall receive special attention in
order to assure that they remain accessible to residents and provide for easy traffic flow. This
objective shall be implemented through the following tasks.
Policy B -2.1 The City Engineer shall determine intersections which have congestion on an as
needed basis. An inventory shall be maintained, and necessary improvements funded through
the street improvement capital budget of the Environmental Services Department. Items to be
addressed and corrected may include the fo llowing:
Where restrictions to efficient traffic flow exist they shall be removed.
Where appropriate, turn lanes should be provided in lieu of traffic lights or four -way stops in
order to accommodate turning movements without hindering through traffic.
Where traffic signals exist, turn arrows will be installed when warranted.
Where signals do not exist and equivalent traffic volumes enter an intersection, four -way
stops and traffic calming devices should be considered.
Planning and Zoning Board Memorandum Staff Report - August 20, 2012
Consis tency of the 5 -Year CIP with the Comprehensive Plan
Page 7
Transportation Element Objective D -2
Facilities which accommodate the needs of the handicapped, pedestrians and bicyclists shall be
assessed and required during development review, complying with state and national
standards.
Policy D -2.1 Bicycle traffic shall be accommodated in the des ign and construction of Collector
and Arterial roadways. These improvements are to emphasize safer bicycle movements by
including bicycle lanes where there is sufficient right -of -way. The City, by adoption of this policy,
requests that such improvements be included on all projects undertaken per Florida Department
of Transportation or the County five -year road program, as well as the City's Capital
Improvement Program.
RECOMMENDED ACTION
By motion, make a finding that the proposed Five Year Capital Improv ement Plan for FY 201 2 -
1 3 through FY 201 6 -1 7 and the FY 201 3 Capital Improvement Budget are consistent with the
Comprehensive Plan.
Attachments:
Current & Proposed CIP
Current 5-Year CIP
PROJECT & FUNDFY 2011-12FY 2012-13FY 2013-14 FY 2014-15 FY 2015-16
BEAUTIFICATION TRUST FUN D
Computerized Irrigation System50,00050,000
TOTALS:$50,000$50,000$0$0$0
NEIGHBORHOOD SERVICES FUND
Ship Program-State Grant52,64752,64752,64752,64752,647
Western Settlers' Grnt Prog55,00055,00055,00055,00055,000
Curb Apeal50,00050,00050,00050,00050,000
Neighborhood Stabilization-CRA200,000200,000200,000200,000200,000
Neighborhood Stabilization-DCA475,430475,430475,430475,430475,430
Planning Administration103,250103,250103,250103,250103,250
Housing Rehab -Federal Grant320,240320,240320,240320,240320,240
Neighborhood Resource Ctr Expan0300,000000
Unsafe Bldgs/Land Acqu/Bike Paths/Neighborhood Resources57,36057,36057,36057,36057,360
Grants/Aids-Fed Grant-Econ Devel78,00078,00078,00078,00078,000
Neighborhood Housing187,830187,830187,830187,830187,830
Residential Mitigation Program150,000
TOTAL S $1,729,757$1,879,757$1,579,757$1,579,757$1,579,757
BEACH RESTORATION FUN D
Beach Tilling 015,12515,58016,0500
Final & Constr Engineering70,0000000
Pre/Post Constr Surveys51,00052,55054,12555,75057,422
Construction Administration265,0000000
Post-Construction Environmental068,500000
Construction Loan Interest24,00049,000000
Renourish-Fill Placemnt9,000,0000000
Sea Turtle Monitoring50,00050,00050,00050,00045,360
Travel, Training, memberships9,3009,8009,8009,8009,800
Yearly replacement (snow fence)8,0008,0008,0008,0008,000
TOTALS:$9,477,300$252,975$137,505$139,600$120,582
GENERAL CAPITAL IMPROVEMENT S
Atl Gateway Art Feature1,699,7600000
Atlantic Dunes Nature Trail0140,000000
Atl Ave St Light Post Rplmn t 50,000050,00050,00050,000
Ballfields Cont Link Syst031,75021,15000
Beach Beautification Plan246,300025,00074,00074,000
Building Maintenance (FY 11/12)150,000150,000150,000150,000150,000
Bus Shelters (FY 11/12)232,0000000
City Hall Chiller Upgrades 50,0000000
Computer/Equipment Repl95,00010,00010,00010,00010,000
Currie Park Renovation0150,000000
Fed Hwy Beautification (FY 10/11)9,244,0000000
Fire Dept - Defib/Monitor 052,00052,00000
Fire HQ Generator Upgrade0000140,000
Fire-SCB A 144,500160,000160,00000
Fire HQ Public Plaza 35,000225,000000
Fire Video Confer Server00030,0000
FS 2 Generator Upgrade000040,000
FS 3 Generator Upgrade000040,000
Hilltopper Bathroom Renovation0000148,000
Hilltopper Resod Agmt CRA35,0000000
IT-Data Cabling/Switches70,0000000
IT Server Mem Upgrade25,0000000
IT-VDI 0150,00060,00060,00060,000
Merritt Park Renovation0150,000000
NE 1st Av Improvements345,5000000
NE 2nd Av/Seacrest Beaut.0110,000800,47000
NE 3rd Street Scape100,000500,000000
NE 8th Av Paving000084,300
NW 12 Av-Atlantic/MLK300,0000000
Neighborhood Enhancements20,00000060,000
New Financial System900,0000000
OSS Site/Park Improvmnts0000310,500
Park Master Plan35,0000000
Parks-Office Expansion0000103,500
Police Access Control Sys033,600000
Police AED's 00060,00080,000
Police Comp Rm Relocate47,0000000
Police Evidence Rm-2nd Flr0036,300248,000
Police Evidence Storage0058,25000
Police Exterior Painting030,000000
Police GPS/AVL Software067,850000
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000
CI-26
Current 5-Year CIP
PROJECT & FUNDFY 2011-12FY 2012-13FY 2013-14 FY 2014-15 FY 2015-16
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000
Police In Car Video System156,000150,000150,00000
Police OmniTrak Latent Sta00114,00000
Police Range Ventilation142,0000000
Police Security Cameras000098,200
Police Vehicle GPS076,300000
Pompey Ballfields Upgrade000078,900
Pompey Pool Redesign000356,5000
RR X-ing Annual Maint107,000110,000113,000116,000119,000
SE 2nd Av Parking75,000000
Seacrest Bv-NE 8th St G Stream000419,7000
Stadium Bathroom Renov00030,00030,000
Street Resurf/Reconstr 110,000175,000170,000155,000175,000
SW 1 Av-SW 1 St-Atl Av00446,50000
SW 2 St Beautification500,0000000
Swinton & Atlantic Intersection100,0000000
Tennis Center Storage Bld000025,000
Tennis Court Rehab 50,00060,00060,00060,00060,000
Tennis Stadium Bolt R/R 025,00025,00025,000
Tennis Stadium Main t 030,00030,00030,00030,000
Telephone System - Fire00100,00000
Veteran Park 0246,530000
TOTALS:$15,064,060$2,808,030$2,631,670$1,874,200$1,991,400
CITY MARINA FUN D
Riverwalk 0000580,000
TOTALS:$0$0$0$0$580,000
WATER/SEWER NEW CAPITAL OUTLA Y
Greenbriar Dr. Sewer0000280,000
Rclmd Wtr Customer Conn. FY 12200,000200,000225,000225,000225,000
Reclaim Water, Area 12B1,250,0000000
Reclaim Water Area 602,300,000000
Reclaim Water Area 8001,500,00000
Reclaim Water Area 900300,00000
Reclaim Water Area 100002,000,0000
Reclaim Water Area 14A000300,0001,700,000
TOTALS:$1,450,000$2,500,000$2,025,000$2,525,000$2,205,000
WATER/SEWER RENEWAL & REPLACEMENT FUN D
Automated Mtr Rdng (AMR)500,000500,000500,000600,000790,000
Bldg LS Wet Well Rehab70,00070,00070,00070,00070,000
ESD Computer R/R FY 1235,00011,00011,00011,00011,000
Congress Ave LS upgrades124,0000000
Delray Shores W/M0623,200375,000375,0000
Eldorado/Sunshine W M00300,000200,0000
Elevated Storage Tank Maint.17,00019,00019,00019,00019,000
Fed Hwy Beautification 125,000000
Large Water Mtr Rplcmnts65,00065,000000
Lift Station Rehab75,00075,00075,00075,00075,000
LS100A Capacity Stud y 350,0000000
NE 8th Av Paving00050,0000
NW 12th Av WM0000402,500
New Financial System-Software220,0000000
New Financial System-Comp Equipment30,0000000
Production Well Rehab 100,000100,000100,000100,000100,000
Public Utility Generator Rplcmt75,00075,000100,000100,000100,000
Raw Water Valves at WTP60,00060,00060,00000
San Swr Main Rehab F Y 50,00050,00050,00050,00050,000
San Swr Manhole Rehab150,000150,000150,000150,000150,000
Seacrest Bv-NE 8 St Gstream0050,00000
SW 11th Av WM0000103,500
SW 2 St Beautification25,0000000
Water Main Leak Repairs75,00075,00075,00070,00070,000
Water Meter Replacement500,000600,000600,000600,000600,000
Wtr Mtr Rplmnt Cntrct Src150,000150,000150,000150,000150,000
Water Service Relocation25,00025,00025,00025,00025,000
Water Valve Replacement36,00036,00036,00036,00036,000
TOTALS:$2,857,000$2,684,200$2,746,000$2,681,000$2,752,000
MUNICIPAL GOLF COURSE
Machinery/Equipment( <$25,000)92,00095,00095,000100,000100,000
Debt Service406,260409,743410,481409,320408,770
Debt Service-Cart Lease34,74031,84532,46532,46532,465
TOTALS:$533,000$536,588$537,946$541,785$541,235
CI-27
Current 5-Year CIP
PROJECT & FUNDFY 2011-12FY 2012-13FY 2013-14 FY 2014-15 FY 2015-16
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000
LAKEVIEW GOLF COURSE
Debt Service-Bonds223,290225,389163,552164,619163,856
Debt Service-Cart Lease025,00025,00025,00025,000
LV Golf Course Equip-FY 1230,000015,00025,00025,000
TOTALS:$253,290$250,389$203,552$214,619$213,856
STORMWATER UTILITY FUN D
Drainage Swales -FY 12 -1545,00075,00075,00075,00075,000
Fed Hwy Beautification 500,0000000
Gleason Street Drainage060,000000
Lift Stat Level Transmitters30,00030,000000
NE 8th Av Paving00075,0000
New Financial System250,0000000
SE 2 St - Swinton FE C 0240,000000
Seacrest Bv-NE 8St Gstream 00162,80000
Storm Wtr Pmp Stat. Rehab FY 12-1550,000225,000225,000225,000225,000
SW 1 Av-SW 1 St /Atlantic Av00232,00000
SW 2 St Beautification50,0000000
TOTALS:$925,000$630,000$694,800$375,000$300,000
CENTRAL GARAGE FUN D
ALS Rescue Repl 0296,600311,40000
Brush Truck Replacement0303,800000
Fire Dept Serv Unit025,000025,0000
TV Truck Repl -ESD156,0000000
Vehicle Replacement 855,000860,000865,000870,000875,000
Vehicle Restoration - FY 201170,60070,70070,80070,90071,000
Police-VIN Platform Replacement0155,600000
TOTALS:$1,081,600$1,711,700$1,247,200$965,900$946,000
CI-28
Proposed 5-Year CIP
PROJECT & FUNDFY 2012-13FY 2013-14FY 2014-15 FY 2015-16 FY 2016-17
BEAUTIFICATION TRUST FUND
Computerized Irrigation System50,0000000
TOTALS:$50,000$0$0$0$0
NEIGHBORHOOD SERVICES FUND
Western Settlers' Grnt Prog50,00050,00050,00050,00050,000
Curb Apeal50,00050,00050,00050,00050,000
Neighborhood Stabilization-CR A 203,420203,420203,420203,420203,420
Neighborhood Stabilization-DC A 494,620494,620494,620494,620494,620
Planning Administration74,17074,17074,17074,17074,170
Housing Rehab -Federal Grant284,980284,980284,980284,980284,980
Grants/Aids-Fed Grant-Econ Devel125,000125,000125,000125,000125,000
Neighborhood Housing181,300181,300181,300181,300181,300
TOTAL S $1,463,490$1,463,490$1,463,490$1,463,490$1,463,490
BEACH RESTORATION FUND
Beach Tilling 015,12415,58016,0500
Final & Constr Engineering185,2140000
Pre/Post Constr Surveys86,63752,55054,12555,75057,422
Pre/Post Constr Surveys18,1240000
Post-Construction Environmental34,8620000
Construction Administration19,8840000
Construction Loan Interest140,00068,000000
Renourish-Fill Placemnt8,820,1100000
Sea Turtle Monitoring45,55038,74838,74844,03845,360
Travel, Training, memberships9,8009,8009,8009,8009,800
Yearly replacement (snow fence)8,0008,0008,0008,0008,000
Contingency38,810219,839
Bond Issuance Expense15,000612,000612,000612,000612,000
Beach Renourishment Note Principal08,980,596
TOTALS:$9,421,991$10,004,657$738,253$745,63 8 $732,582
LAW ENFORCEMENT TRUST FUND
Machinery and Equipment30,0000000
TOTALS:$30,000$0$0$0$0
GENERAL CAPITAL IMPROVEMENTS
Atl Ave St Light Post Rplmnt050,00050,00050,000100,000
Atlantic Dunes Nature Trail00161,00000
Ballfields Cont Link Syst058,000000
Beach Master Plan 73,90073,90073,90073,900
Block 117 Garage Study50,0000000
Building Maintenance (FY 13-17)150,000150,000150,000150,000150,000
City Atty Window R/R25,0000000
City Hall Chiller A/C50,0000000
Computer/Equipment Repl (FY 13-17)110,00070,00070,00070,00070,000
Currie Commons0150,000000
Fed Hwy Beautification11,080,0000000
Fire Bay Sprinklers00040,0000
Fire Dept - Defib/Monitor (FY 13-14)52,00052,000000
Fire Deisel Exhaust System0225,000000
Fire HQ Public Plaza 225,0000000
Fire In-Vehicle Router000077,800
Fire Mobile Radio Repeat53,0000000
Fire Telephone System00100,00000
Fire Training Center0248,400219,65000
Fire Vehicle Laptop Replacement062,400100,00000
Fire Video Confer Server0030,00000
Fire-SCB A 600,0000000
FS 2 Generator Upgrade00040,0000
FS 3 Generator Upgrade00040,0000
Hilltopper Bathroom Renovation00197,00000
IT-Data Cabling/Switches70,0000000
IT Firewall Security39,0000000
Keyless Lock/Entry System0000100,000
Little Fenway Park Bldg.0300,000000
Merritt Park Renovation0115,000000
Miller Park Cmbust Gas Mit000170,0000
Miller Park Shade System00086,1000
NE 2nd Av/Seacrest Beaut.110,0000800,47000
NE 3rd Streetscape60,000420,000000
NE 7th Av Alley00050,0000
NE 8th Av Paving00084,3000
Neighborhood Enhancements20,0000035,00025,000
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000
CI-26
Proposed 5-Year CIP
PROJECT & FUNDFY 2012-13FY 2013-14FY 2014-15 FY 2015-16 FY 2016-17
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000
NW 12 Av-Atlantic/MLK575,0000000
OSS Site/Park Improvmnts000310,5000
Osceola Alleys Phase 2230,0000000
Parks LED Message Signs000231,2000
Parks Master Plan35,0000000
Police A/C Replacement30,0000000
Police Access Control Sys45,0000000
Police AED's 0060,00080,0000
Police Consoles70,0000000
Police Disk Storage Expansion26,0000000
Police Evidence Storage060,000000
Police Motorola Radio Repl006,000,00000
Police OmniTrak Latent Sta082,000000
Police Patrol Vehicle GPS0161,500000
Police Comp Rm Relocate57,5000000
Police In Car Video System72,000048,00000
Pompey Gym PA System00025,0000
Pompey Pool Redesign0356,500000
Pompey Park Shade System000066,000
RR X-ing Annual Maint 0113,000116,000119,000123,000
SE 2 St - Swinton SE 3 AV635,0000000
Seacrest Bv-NE 8th St G Stream00422,70000
Sidewalks/Bikepaths0050,00050,00050,000
Street Resurf/Reconstr FY 13-17200,000150,000160,000170,000180,000
S Swinton - SW/E 1st Signal115,0000000
SW 1 Av-SW 1 St-Atl Av00446,50000
SW 10th Street CSX Crossing210,0000000
Swinton & Atlantic Intersection80,000511,000000
Tennis Center Equipment Storage Enclosure0025,00000
Tennis Court Rehab FY 13-1753,47060,00060,00060,00060,000
Traffic Calming00050,000100,000
Tree Grate Replacements136,6000000
Bond Interest Expense-Fed Hwy Beautification153,0000000
Veteran ParkPlayground R/R277,0000000
TOTALS:$15,694,570$3,468,700$9,340,220$1,985,000$1,175,700
CITY MARINA FUND
Riverwalk 0000547,900
TOTALS:$0$0$0$0$547,900
WATER/SEWER NEW CAPITAL OUTLA Y
Greenbriar Dr. Sewer0000287,500
Rclmd Wtr Customer Conn. FY 13-1750,000220,000220,000220,000220,000
Reclaim Water, Area 12A Phase 21,250,000
Reclaim Water Area 600125,000930,0000
Reclaim Water Area 80000600,000
Reclaim Water, Area 12B0163,0501,087,00000
TOTALS:$50,000$1,633,050$1,432,000$1,150,000$1,107,500
WATER/SEWER RENEWAL & REPLACEMENT FUND
Auto Hydrant Flusher100,0000000
Automated Mtr Rdng (AMR) FY 13-171,000,0001,000,0001,200,0001,390,0001,000,000
Bldg LS Wet Well Rehab FY 13-1770,00070,00070,00070,00070,000
Delray Shores W/M623,200375,000375,00000
Eldorado/Sunshine W M0300,000200,00000
Elevated Storage Tank Maint. FY 13-1719,00019,00019,00019,00019,000
Fed Hwy Beautification 500,0000000
Hydrant Flushing Contract FY 13-1770,00070,00070,00070,00070,000
Large Water Mtr Rplcmnts20,00035,000000
Lift Station Rehab FY 13-1775,00075,00075,00075,00075,000
NE 3rd Street Streetscape15,00090,000000
NE 8th Av Paving00050,0000
NW 12th Av - Atlantic/MLK75,0000000
NW 12th Street WM00402,5000
Production Well Rehab FY 13-17100,000100,000100,000100,000100,000
Public Utility Generator Rplcmt FY 14-17075,00075,00075,00075,000
Raw Water Valves at WTP FY 13-1560,00060,00060,00000
San Swr Main Rehab FY 13-17100,000100,000100,000100,000100,000
San Swr Manhole Rehab FY 14-17050,00050,00050,00050,000
Seacrest Blvd-NE 8 St Gstream0050,00000
SW 11th Av WM000103,5000
UTB Renovations100,0000000
Water Meter Replacement FY 13-17150,0000000
Water Service Relocation FY 1325,00025,00025,00025,00025,000
CI-27
Proposed 5-Year CIP
PROJECT & FUNDFY 2012-13FY 2013-14FY 2014-15 FY 2015-16 FY 2016-17
TABLE CI-CIP
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25,000
Water Valve Replacement FY 13-1736,00036,00036,00036,00036,000
WTP Bleach Tank30,000
WTP Filter Backwash Valve25,00025,00025,00025,000
WTP Filter Drain Valves060,00060,00060,00060,000
Wtr Mtr Rplmnt Cntrct Src FY 13-17050,00050,00050,00050,000
TOTALS:$3,193,200$2,615,000$2,640,000$2,701,000$1,730,000
MUNICIPAL GOLF COURSE
Machinery/Equipment( <$25,000)125,000100,000100,000100,000100,000
DB Golfcourse Arifer25,0000000
DB Golfcourse Carpet55,0000000
Debt Service - Bonds409,750410,480409,320408,7700
Debt Service-Cart Lease31,85032,47032,47032,47032,470
TOTALS:$646,600$542,950$541,790$541,240$132,470
LAKEVIEW GOLF COURSE
Debt Service-Bonds225,390163,550164,620163,2600
Debt Service-Cart Lease25,00025,00025,00025,00025,000
LV Golf Course Equip-FY 13-1730,00025,00025,00025,00025,000
TOTALS:$280,390$213,550$214,620$213,260$50,000
RECREATION IMPACT FEE FUND
Merritt Park 060,000000
Beach Pavilion180,3000000
TOTALS:$180,300$60,000$0$0$0
STORMWATER UTILITY FUND
Alley Drainage Improvements75,0000000
Basin Pump Station Upgrade0172,500000
Debt Service-Bonds105,100106,850106,840107,150104,470
Drainage Swales - FY 13-1770,00070,000100,000100,000100,000
Fed Hwy Beautification 700,0000000
Gleason Street Drainage60,0000000
Lift Stat Level Transmitters30,0000000
NE 3rd Street Streetscape15,00090,000000
NE 7th Avenue Alley00042,0000
NE 8th Av Paving00075,0000
NE 12th Ave-Atlantic/MLK125,0000000
SE 2 St - Swinton SE 3rd Ave170,0000000
Seacrest Bvld-NE 8 St Gstream 00162,80000
Seabreeze Drainage57,5000000
Storm Wtr Pmp Stat. Rehab FY 13-17075,00075,00075,00075,000
Swinton & Atlantic Inters10,00089,000000
SW 1 Av-SW 1 St /Atlantic Av00232,00000
Thomas Pump Station Upgrade0172,500000
TOTALS:$1,417,600$775,850$676,640$399,150$279,470
CENTRAL GARAGE FUND
ALS Rescue Repl FY 13-14296,6000311,400322,300333,600
Brush Truck Replacement303,8000000
Fire Dept Serv Unit35,00035,000000
Fire Dept Fire Engine587,100604,700622,900641,500660,800
Vehicle Replacement FY 13-17860,000865,000870,000875,000880,000
Vehicle Restoration - FY 13-1770,70070,80070,90071,00071,000
PD Mobile Comand Vehicle0600,000000
Police-VIN Platform Replacement155,6000000
TOTALS:$2,308,800$2,175,500$1,875,200$1,909,800$1,945,400
CI-28
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 6, 2012
SUBJECT:AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
ORDINANCE NO. 28 -12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing to consider an ordinance amending Chapter
35, "Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by
amending Section35.089, “Definitions”, to amend the definition of “Employee” to include certain
previously excluded positions.
BACKGROUND
At the first reading on September 4, 2012, the Comm ission passed Ordinance No. 28-12.
The attached actuarial impact statement shows that if all the eligible employees decided to opt into t he
General Employee's pension plan, the City's require d contribution would increase by $49,909 for fiscal
2013. However, as was explained in the agenda memo for the September 4th meeting, if the eligible
employees join the pension plan they will no longer receive the 9.5% City contribution to their deferr ed
compensation account. So, the City's net cost incr ease would be $7,516.
The attached actuarial impact statement now include s all eligible employees. The costs shown above
have been updated based on the revised actuarial st atement.
RECOMMENDATION
Recommend approval of Ordinance No. 28-12 on second and final reading.
ORDINANCE NO. 28-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEES POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
35.089, “DEFINITIONS”, TO AMEND THE DEFINITION OF
“EMPLOYEE” TO INCLUDE CERTAIN PREVIOUSLY EXCLUDED
POSITIONS; PROVIDING A GENERAL REPEALER CLAUSE; A
SAVINGS CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to amend the General
Employees’ Retirement Plan to allow certain employe es who were previously excluded from the Plan to
participate in the Plan and purchase credited service under the plan for the period of their employment wi th
the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1 . That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of
the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.089,
“Definitions”, by amending the definition of “Employee” to re ad as follows:
Sec. 35.089. DEFINITIONS.
Employee. Any regular full-time employee of the City, except as other wise provided herein.
(1) The term "employee" shall not include: City Com missioners; the City Manager (and
assistants); the City Attorney (and assistants); depa rtment heads upon their written election not to
participate in the plan; former department heads who have elected not to participate in the plan; any
person not classified by the City as a regular, full -time employee; any participant who retires and
receives early or normal retirement benefits under t he plan, is subsequently re-employed by the City,
and elects to continue receiving retirement income du ring the period of employment pursuant to
Sec. 35.090(E) of this subchapter; and firefighters and police officers employed by the City who
participate in another retirement plan.
(2) Effective January 7, 2003 upon the adoption of Ordinance No. 57 -02 [Jan. 7, 2003], the term
"employee" shall include the City Manager (and assist ants) upon their written election to participate
in the plan; the City Attorney (and assistants) upon their written election to participate in the plan;
an d department heads; and the Sustainability Officer/Publi c Information Officer who previously
elected not to participate in the plan, upon their w ritten election to participate in the plan. An
employee's written election to participate in the p lan pursuant to this paragraph must be submitted
to the Retirement Committee within ninety (90) days following adoption of Ordinance No. 57 -02
2 ORD. NO. 28-12
[Jan. 7, 2003] or date of employment in a position i dentified in this paragraph, whichever is later.
Such written election shall be irrevocable. Any suc h employee who does not submit a timely written
election to participate in the plan pursuant to thi s paragraph shall not participate in the plan for a s
long as he or she is employed by the City in a position identifie d in this par agraph.
Section 2 . That all ordinances or parts of ordinances in conf lict herewith be, and the same are
hereby repealed.
Section 3. That if any section, subsection, paragraph, sente nce or word or other provision of
this ordinance, or any portion thereof, or its appli cation to any person or circumstance, be declared by a
court of competent jurisdiction to be invalid or unconstituti onal, such decision shall not affect the validity of
any other section, subsection, paragraph, sentence or word or provision or its application to other per sons
or circumstances and shall not affect the validity o f the remainder hereof as a whole or part thereof o ther
than the part declared to be invalid.
Section 4. That this ordinance shall become effective immediat ely upon passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and f inal reading on this the ___ day of
___________, 2012.
_______________________________
ATTEST: MAYOR
_________________________________
City Clerk
First Reading_____________________
Second Reading ___________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:August 28, 2012
SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETIN G OF SEPTEMBER 4, 2012
ORDINANCE NO. 28 -12
ITEM BEFORE COMMISSION
Adoption of Ordinance 28-12 regarding a proposed change to allow department head level employees to
j oin the general employees’ pension plan a nd buy back previously accrued service.
BACKGROUND
In 2003 department head level empl oyees were given a 90 day window in which to join the general
employees’ pension plan and buy back previously accrued service, where they had been excluded from
membership. This amendment will allow current a nd future department head level employees, which
include the City Manager and assistants, the City A ttorney and assistants, and department heads, who
previously elected not to participate in the plan, th e ability to join the general employees’ pension plan
at any time in the future and buy back accrued service.
As has been previously discussed with the Commissi on, the City Manager believes this change will be
helpful in attracting and retaining employees at this le vel. All of the employees included in this change
are at will employees. For that reason, they often elec t to not participate in the Pension Plan when they
are first hired, since they have no assurance they will be employed by the City long enough to become
fully vested in the City's pension plan. They elect to participate in the deferred compensation plan (457)
since contributions to it are fully portable. Once they have been employed by the City for a number o f
years they may feel secure enough to buy into the City's pension plan.
There are currently four employees w ho would be affected by this change.
FUNDING SOURCE
The employee would be required to pay the full actuar ial cost to purchase prior service credit. Going
forward the City would have to contribute a percenta ge of the employee's salary to the pension fund.
However, the City would no longer contribute 9.5% of the employee's salary to the deferred
compensation plan. Currently the City's cost w ould increase from 9.5% of salary to 11.95%. In many
prior years, however, the City's pension contributi on for General Employees ha s been less than 9.5%, so
the City would have realized a savings.
RECOMMENDATION
Commission discretion.
Pa g e 1of 1 Coversheet
9/6/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5947&Meetin g ID=387
GRS Gabri e l Roeder Smith &Compan y
Consultants &Ac t ua r ies
One Eas t Br o w a rd Bl v d .
S uit e 5 0 5
F t .L au d er d a l e,FL 333 01-1 8 04
9 54.527.1616 phon e
9 54 .5 25 .00 83 f ax
ww w .g a bri e l roe d e r .c o m
September 18,2012
Mr .David A .Boyd,CPA
Finance Director
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach,Florida 33444
Re:City o f Delray Bea c h General Em p l o yees'Retirement P l an
Dear David:
As requested,we have prepared the enclosed Actuarial Impact Statement for proposed Ordinance No.28-12
which would amend the Plan by eliminating the requirement for individuals employed as City Manager (and
assistants),City Attorney (and assistants),and department heads to elect to participate in the Plan within 90
days of the later of January 7,2003 or date of employment .
The Statement must be filed with the Division of Retirement before the final public hearing on the ordinance .
Please have a member of the Board of Trustees sign the Statement .Then send the Statement along with a copy
of the proposed ordinance to Tallahassee .
Summary of Findings
•The required employer contribution in the first year would increase by $49,909,from $2,128,666 to
$2,178 ,575.
•The present value of the pension benefits expected to be earned by the four employees who would be
eligible to join the Retirement Plan is $426,013.This assumes all of our actuarial assumptions are
met each year.A portion of the $426,013 would be funded by member contributions from the four
employees,and the remainder would be funded by the City each year.
•The Plan's funded ratio (assets divided by actuarial accrued liability)would remain the same.
Other Cost Considera t i o ns
•As of October 1,2011 the Actuarial Value of Assets exceeds the Market Value of Assets by
approximately $10 ,246,000.This difference will be gradually recognized over the next several years.
In turn,the computed employer contribution rate will increase by approximately 5%of covered payroll
in the absence of offsetting gains .
Additional Disclosures
This report was prepared at the request of the Board and is intended for use by the Retirement System and
those designated or approved by the Board .This report may be provided to parties other than the Board only
in its entirety and only with the permission of the Board .
The purpose of this report is to describe the financial effect of the proposed plan changes .This report should
not be relied on for any purpose other than the purpose described above.
Mr .D av id A .Boyd ,CPA
Sep te mbe r 1 8,2012
Pa ge 2
The cal c ulations in th i s report are based upon the data provided by the City for the four current emplo y ee s
w ho w ould become eligible to participate in the Plan under the proposed ordinance and upon info r ma tio n
f urn is hed by the Plan Administrator for the October 1 ,2011 Actuarial Valuation conce r ning Pl a n bene f it s,
f in anci al tr a nsact i ons ,plan provisions and active members ,terminated members,reti r ees and b e nefi cia ri es .
W e re vi e we d this information for internal and year-to-year con s istency ,but did not other w ise a udi t th e d a t a.
We ar e not responsible for the accuracy or completeness of the information provided by the Cit y o r Pl an
Ad m in i strator.
T h e ca l c ul ati ons are based upon assumptions regarding future events ,which mayor may no t m a ter i a lize.
T h ey are al so based on the assumptions,methods ,and plan provisions outlined in this report .Future
a ctu aria l m e a s urements may differ significantly from the current measurements presented in th i s re po rt due
to s uch fac tors as the following:plan experience differing from that anticipated by the economic or
d emog r a ph ic a ss umptions ;changes in economic or demographic assumptions;increases or dec r e as es
ex p ecte d a s part of the natural operation of the methodolo g y used fo r the s e measurements (s uch a s t he en d of
an amortizati on period or a dditional cost or contribut i on requirements based on the pl a n's funded st a tus );a nd
c h a n ges i n p lan pro v i s ions or applicable law.If you have reason to believe that the as s umption s t h a t w e re
u se d are u n r eas on a b l e ,that the plan pro v ision s are incorrectly described ,that important plan pro visio n s
re l evant to t h i s p r oposal are not described ,or that conditions ha v e changed since the calculatio ns w e re m a d e,
yo u s h o ul d co nt a ct the author of the report pr i or to relying on informa t ion in the report.
The un d ersig ned actuarie s are members of the American Academy of Actuaries and meet the Qual if i cation
S ta nd ar d s of the American Academy of Actuaries to render the actuarial opinions contained h er e i n .T he
un d ersig n ed a ctuaries are independent of the plan spon s or .
This re p ort h a s been prepared by actuaries who ha v e sub s tantial e x per i ence valuing public empl oy e e
r et i reme nt sy stems.To the best of our knowledge the information c o nta i ned in this report is a ccur a te an d
fair l y pr ese nt s the actuar i al position of the Plan as of the valu at ion date .All calculations ha v e b e en ma d e i n
conformi t y w ith generally accepted actuarial principle s and practices ,and with the Actu a rial Sta n dard s of
P rac t ice iss u e d b y the Actuarial Standards Board and with applicable statutes.
R es p ectf ull y s ubmitted ,
E n clos u r e s
Gabriel Roeder Smith &Company
CITY OF DELRAY BEACH GENERAL EMPLOYEES’ RETIREMENT PLAN
Impact Statement – September 1 8 , 2012
Description of Amendment s
T he proposed ordinance would amend the Plan by eliminating the requirement for individuals employed as City
Manager (and assistants), City Attorney (and assistants), and department heads to elect to participate in the Plan
within 90 days of the later of January 7, 2003 or date of employment .
F unding Implications of Amendment
An actuarial cost estimate is attached.
Certification of Administrator
I believe the amendment to be in compliance with Part VII, Chapter 112, Florida Statutes and Section 14,
Article X of the Constitution of the State of Florida .
For the Board of Trustees
as Plan Administrator
SUPPLEMENTAL ACTUARIAL VALUATION REPORT
Plan
City of Delray Beach General Employees ’ Retirement Plan
Valuation Date
October 1, 20 1 1
Date of Report
September 1 8 , 201 2
Report Requested by
Board of Trustees
Prepared by
J. Stephen Palmquist
Group Valued
All active and inactive members of the Plan.
Benefit Provisions Being Considered for Change
Present Provision Before Change
Individuals employed as City Manager (and assistants), City Attorney (and assistants), and department
heads must elect to participate in the Plan within 90 days of the later of January 7, 2003 or date of
employment .
Proposed Change
The proposed ordinance would elimi nate the requirement for the above -mentioned employees to elect
to participate in the Plan within 90 days of the later of January 7, 2003 or date of employment.
Participants Affected
Individuals currently employed in the above -mentioned positions who did not previously elect to
participate in the Plan and individuals who become employed in these positions after the effective date
of the ordinance. We reflected the addition of the four employees from your September 5, 2012 letter
and Brian Shutt’s e -mail dated September 14, 2012 .
Actuarial Assumptions and Methods
Same as October 1, 20 11 Actuarial Valuation Report with no exceptions.
Some of the key assumptions/methods are:
Investment Return 7.25 %
Salary I ncrease 4.4 % to 7.2% per year , based on service (salary increases are lowered to 2%
for each of the next three years )
Cost Method Entry Age Normal
Amortization Period for Any Change in Actuarial Accrued Liability
N/A
Summary of Data Used in Report
See attached pa ge . The calculations are based on the data used for the October 1, 2011 Actuarial
Valuation Report and on the data provided by the City for the four current employees who would
become eligible to participate in the Plan under the proposed ordinance.
Actu arial Impact of Proposal(s)
See attached page(s)
Special Risks Involved w ith the Proposal That the Plan Has Not Been Exposed to Previously
None
Other Cost Considerations
As of October 1, 2011 the Actuarial Value of Assets exceeds the Market Value of Assets by
approximately $10,246 ,000 . This difference will be gradually recognized over the next several years.
In turn, the computed employer contribution rate will increase by approximately 5 % of covered payroll
in the absence of offsetting gains.
A.Valuation Date
B.ARC to Be Paid During
Fiscal Year Ending 9/30/2013 9/30/2013
C.Assumed Date of Employer Contrib.12/31/2012 12/31/2012
D.Annual Payment to Amortize
Unfunded Actuarial Liability $81,283 $81,283 $0
E.Employer Normal Cost 1,869,059 1,914,787 45,728
F.ARC if Paid on the Valuation
Date: D+E 1,950,342 1,996,070 45,728
G.ARC if Paid on the First Day of
the Next Fiscal Year 2,091,742 2,140,785 49,043
H.ARC if Paid on December 31 2,128,666 2,178,575 49,909
I.ARC as % of Covered Payroll*11.95 %11.93 %(0.02) %
J.Assumed Rate of Increase in Covered
Payroll to Contribution Year 0.00 %0.00 %0.00 %
K.Covered Payroll for Contribution Year 17,817,131 18,263,384 446,253
L.ARC for Contribution Year: I x K*2,128,666 2,178,575 49,909
M.REC as % of Covered
Payroll in Contribution Year: L ÷ K*11.95 %11.93 %(0.02) %
* Assuming the contribution is paid on the date in Item C.
Proposed
Ordinance
from Baseline
ANNUAL REQUIRED CONTRIBUTION (ARC)
October 1, 2011 October 1, 2011 Change
Valuation
3
A.Valuation Date
B.Actuarial Present Value of All Projected
Benefits for
1.Active Members
a. Service Retirement Benefits $58,022,430 $58,338,642 $316,212
b. Vesting Benefits 2,456,503 2,468,708 12,205
c. Disability Benefits 2,004,841 2,016,641 11,800
d. Preretirement Death Benefits 1,816,088 1,894,059 77,971
e. Return of Member Contributions 50,032 57,857 7,825
f. Total 64,349,894 64,775,907 426,013
2.Inactive Members
a. Service Retirees & Beneficiaries 42,737,386 42,737,386 -
b. Disability Retirees 551,109 551,109 -
c. Terminated Vested Members 3,154,662 3,154,662 -
d. Total 46,443,157 46,443,157 -
3. Total for All Members 110,793,051 111,219,064 426,013
C.Actuarial Accrued (Past Service)
Liability per GASB No. 25 93,546,778 93,546,778 -
D.Actuarial Value of Accumulated Plan
Benefits per FASB No. 35 N/A N/A N/A
E.Plan Assets
1.Market Value 80,267,519 80,267,519 -
2. Actuarial Value 90,513,860 90,513,860 -
F.Unfunded Actuarial Accrued Liability: C-E2 3,032,918 3,032,918 -
G.Actuarial Present Value of Projected
Covered Payroll 133,561,393 136,753,806 3,192,413
H.Actuarial Present Value of Projected
Member Contributions 4,971,068 5,068,436 97,368
I.Funded Ratio: E2/C 96.8 %96.8 %0.0 %
Ordinance
ACTUARIAL VALUE OF BENEFITS AND ASSETS
Valuation
October 1, 2011 October 1, 2011
Proposed
Change
from Baseline
A.Valuation Date
B.Normal Cost for
1.Service Retirement Benefits $1,890,959 $1,933,914 $42,955
2.Vesting Benefits 234,182 235,541 1,359
3.Disability Benefits 128,969 130,407 1,438
4.Preretirement Death Benefits 104,842 117,296 12,454
5.Return of Member Contributions 48,342 49,475 1,133
6.Total for Future Benefits 2,407,294 2,466,633 59,339
7.Assumed Amount for Administrative
Expenses 135,818 135,818 -
8.Total Normal Cost 2,543,112 2,602,451 59,339
As % of Covered Payroll 14.27 %14.25 %(0.02)%
C.Expected Member Contribution 674,053 687,664 13,611
As % of Covered Payroll 3.78 %3.77 %(0.01)
D.Net Employer Normal Cost: B8-C 1,869,059 1,914,787 45,728
As % of Covered Payroll 10.49 %10.48 %(0.01)%
Change
from Baseline
CALCULATION OF EMPLOYER NORMAL COST
Ordinance
October 1, 2011
Valuation
October 1, 2011
Proposed
4
Proposed
Ordinance
ACTIVE MEMBERS
Number 389 393 4
Covered Annual Payroll $17,817,131 $18,263,384 $446,253
Average Annual Payroll $45,802 $46,472 $670
Average Age 47.2 47.2 0.0
Average Past Service 11.2 11.1 (0.1)
Average Age at Hire 36.0 36.1 0.1
RETIREES, BENEFICIARIES & DROP
Number 243 243 0
Annual Benefits $4,129,570 $4,129,570 $0
Average Annual Benefit $16,994 $16,994 $0
Average Age 68.3 68.3 0.0
DISABILITY RETIREES
Number 3 3 0
Annual Benefits $46,412 $46,412 $0
Average Annual Benefit $15,471 $15,471 $0
Average Age 53.4 53.4 0.0
TERMINATED VESTED MEMBERS
Number 46 46 0
Annual Benefits $491,817 $491,817 $0
Average Annual Benefit $10,692 $10,692 $0
Average Age 47.8 47.8 0.0
Valuation
Change
PARTICIPANT DATA
from Baseline
October 1, 2011 October 1, 2011
5
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 6, 2012
SUBJECT:AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
ORDINANCE NO. 30 -12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ingto consider a n ordinance amending Chapter 51,
"Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, “Regular Charges
Levied”, to provide for increased residential and c ommercial collection service rates for FY 2013.
BACKGROUND
At the first reading on September 4, 2012, the Comm ission passed Ordinance No. 30-12.
RECOMMENDATION
Recommend approval of Ordinance No. 30-12 on second and final reading.
ORDINANCE NO. 30-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51,
"GARBAGE AND TRASH", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION
51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR
INCREASED RESIDENTIAL AND COMMERCIAL
COLLECTION SERVICE RATES FOR FY 2013; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds it necessary and appropriate to increase the
collection rates for sanitation services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 51, "Garbag e and Trash", Section
51.70, "Regular Charges Levied", of the Code of Ordina nces of the City of Delray Beach, Florida, is
hereby amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied fo r collection service, unless the City
has approved a different type of service and then eac h unit/development shall be billed in accordance
with the type of service that it is receiving:
Charges for the below-described collection service s hall be as follows and shall commence when a
certificate of occupancy is issued by the City for a ny residential or commercial units, and shall continu e
monthly thereafter unless service is discontinued in accordan ce with Section 51.73:
(A) Residential Service (Single Family Homes, Duplexe s, Triplexes,
Quadplexes and Mobile Homes):
Curbside Roll-Out Carts
Monthly Service Cost Per Unit
Garbage Collection $6.30 $6.55
Recycling $2.5 6 $2.66
ORD. NO. 30-12 2
Yard Trash $2.5 6 $2.66
Total Fees--Contractor $1 1 .4 2 $11.87
Cart Replacement .90
Administrative Fee .35
Franchise Fee (10%) $1.14 $1.17
Less C & D Credit -0.20
Total Fees $1 3 .6 1 $14.09
Rear-Door Owner Container
Monthly Service
Cost
Per
Unit
Garbage Collection $1 6 .5 7 $17.23
Recycling $2.5 6 $2.66
Yard Trash $2.5 6 $2.66
Total Fees--Contractor $21 .6 9 $22.55
Administrative Fee 0.35
Franchise Fee (10%) 2.17 $2.24
Less C & D Credit -0.20
Total Fees $2 4 .01 $24.94
Curbside Disposable Bags With Vegetative Waste and Bulk T rash Pickup
Monthly Service
Cost
Per
Unit
ORD. NO. 30-12 3
Garbage/Trash Collection $4 .26 $4.43
Recycling $2.5 6 $2.66
Yard Trash $2.5 6 $2.66
Total Fees--Contractor $9 .38 $9.75
Administrative Fee 0.35
Franchise Fee (10%) 0.94 $0.98
Less C & D Credit -0.20
Total Fees $10.47 $10.88
(B) Multi-Family Service
Multiple-family dwelling units containing five (5) units or more shall use containers
emptied by mechanical means, except as otherwise app roved by the City because of lack of suitable
space for a mechanical container or other good reaso n. Multiple-family monthly fees shall be based on
a per-unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse
generated requires more than two (2) pickups per wee k, then the third and all subsequent collections
shall be charged by the Contractor at the commercial collection rate only. If using roll out carts loca ted
within enclosures for multi-family collection servi ce, in addition to the monthly total fee (based on th e
number of units) paid to the City, the Contractor is permitted to charge a roll-out rate that shall be t he
same as rollout cart service for commercial custome rs listed in Exhibit 1, Special Services, of the
franchise agreement. If the Contractor furnishes t he roll-out carts, as approved by the City, then a
monthly fee of $1.00 per cart may be charged by the Contractor directly to the customer.
Collection & Hauling
Rate Per Unit
Monthly Service
Monthly
Cost
Per Unit
Refuse Collection $3 .18 $3.30
Recycling 2.5 6 $2.66
ORD. NO. 30-12 4
Total Per-Unit Fee--Contractor $5.74 $5.96
Administrative Fee 0.35
Franchise Fee (10%) 0.5 7 $0.60
Less C & D Credit -0.10
Total Monthly Fees Per Unit $6.56 $6.81
(C) Commercial Service
(1) Commercial customers shall use mechanical container s or rollout carts. Commercial customers
shall include all customers other than residential or multi-family customers. Commercial customers
may use any of the following containers for accumulation of r efuse:
(a) Rollout Carts. The City shall require any commercial customer nee ding more than six (6)
rollout carts to use mechanical containers, if feasible.
(b) Mechanical Containers.
(2) The owners/operators of commercial establishments an d other commercial customers shall
accumulate such refuse in those locations mutually agreed upon by the owner/operator and the
City or its contractor, and which are convenient for collect ion by the City or its contractor.
(3) Mechanical containers emptied by mechanical means sh all be provided by the contractor. These
containers shall be emptied on a schedule mutually ag reed upon by the customer and the City or its
contractor, but not less than one day a week nor more than sev en days a week.
(4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of
service by the City in advance because they lack a suitable location for a mechanical container, shall
be serviced at least once per week. All garbage and c ommercial trash shall be collected from such
refuse containers at locations agreed to between the City or its contractor and the customer. The
charge shall be based upon the following schedule:
ORD. NO. 30-12 5
Commercial Rates (Monthly)
Container
Size Container Pickup Frequency (Per Week)
1 2 3 4 5 6 7
2 Yard
Collection
4 4 .43
46.16
88.85
92.32
133.28
138.48
177.70
184.64
222.13
230.80
266.55
276.96
310.98
323.12
Disposal 24.35
24.35
48.71
48.70
73.06
73.05
97.41
97.40
121.77
121.75
146.12
146.10
170.47
170.45
Container
Maintenance
Fee
19.40 19.40 19.40 19.40 19.40 19.40 19.40
Total
Contractor
Fees
88.18
89.91
156.96
160.42
225.74
230.93
294.51
301.44
363.30
371.95
432.07
442.46
500.85
512.97
Franchise Fee
(10%) 8.82 8.99 15.70
16.04
2 2 .5 7
23.09
29.45
30.14
36.33
37.20
43.21
44.25
50.09
51.30
Administrative
Fee .35 .35 .35 .35 .35 .35 .35
Total Fees 97.35
99.25
173.01
176.81
248.66
254.37
324.31
331.93
399.98
409.50
475.63
487.06
551.29
564.62
3 Yard
Collection
66.64
69.24
133.28
138.48
199.92
207.72
266.56
276.96
333.20
346.20
399.84
415.44
466.48
484.68
Disposal 36.53 73.06 109.59 146.12 182.65 219.18 2 55.71
Container
Maintenance
Fee
21.44 21.44 21.44 21.44 21.44 21.44 21.44
Total
Contractor
Fees
124.61
127.21
227.78
232.98
330.95
338.75
434.12
444.52
537.29
550.29
640.46
656.06
743.63
761.83
Franchise Fee
(10%)
12.46
12.72
22.78
23.30
33.10
33.88
43.41
44.45
53.73
55.03
64.05
65.61
74.36
76.18
ORD. NO. 30-12 6
Administrative
Fee .35 .35 .35 .35 .35 .35 .35
Total Fees 137.42
140.28
250.91
256.63
364.40
372.98
477.88
489.32
591.37
605.67
704.86
722.02
818.34
838.36
4 Yard
Collection
88.85
92.32
177.70
184.64
266.55
276.96
355.40
369.28
444.25
461.60
533.10
553.92
621.95
646.24
Disposal 48.71 97.41 146.12
194.83 243.53 292.24 340.95
Container
Maintenance
Fee
22.21 22.21 22.21 22.21 22.21 22.21 22.21
Total
Contractor
Fees
159.77
163.24
297.32
304.26
434.88
445.29
572.44
586.32
709.99
727.34
847.55
868.37
985.11
1009.40
Franchise Fees
(10%)
15.98
16.32
29.73
30.43
43.49
44.53
57.24
58.63
71.00
72.73
84.76
86.84
98.51
100.94
Administrative
Fee .35 .35 .35 .35 .35 .35 .35
Total Fees 176.10
179.91
327.40
335.04
478.72
490.17
630.03
645.30
781.34
800.42
932.66
955.56
1083.97
1110.69
6 Yard
Collection
133.28
138.47
266.56
276.94
399.84
415.41
533.12
553.88
666.40
692.35
799.68
830.82
932.96
969.29
Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42
Container
Maintenance
Fee
25.53 25.53 25.53 25.53 25.53 25.53 25.53
Total
Contractor
Fees
231.87
237.06
438.21
448.59
644.55
660.12
850.89
871.65
1057.23
1083.18
1263.57
1294.71
1469.91
1506.24
Franchise Fee
(10%)
23.19
23.71
43.82
44.86
64.46
66.01
85.09
87.17
105.72
108.32
126.36
129.47
146.99
150.62
ORD. NO. 30-12 7
Administrative
Fee .35 .35 .35 .35 .35 .35 .35
Total Fees 255.41
261.12
482.38
493.80
709.36
726.48
936.33
959.17
1163.30
1191.85
1390.28
1424.53
1617.25
1657.21
8 Yard
Collection
177.70
184.63
355.40
369.26
533.10
553.89
710.80
738.52
888.50
923.15
1066.20
1107.78
1243.90
1292.41
Disposal 97.41 194.83 292.24 389.65 487.07 584.48 681.89
Container
Maintenance
Fee
27.09 27.09 27.09 27.09 27.09 27.09 27.09
Total
Contractor
Fees
302.20
309.13
577.32
591.18
852.43
873.22
11 27.54
1155.26
1402.66
1437.31
1677.77
1719.35
1952.88
2001.39
Franchise Fee
(10%)
30.22
30.91
57.73
59.12
85.24
87.32
112.75
115.53
140.27
143.73
167.78
171.94
195.29
200.14
Administrative
Fee .35 .35 .35. .35 .35 .35 .35
Total Fees 332.77
340.39
635.40
650.65
938.02
960.89
1240.64
1271.14
1543.28
1581.39
1845.90
1891.64
2148.52
2201.88
Commercial Front-Load Compacting Containers
Container
Size Pickup Frequency (Per Week)
1 2 3 4 5 6 7
2 Yard
Collection
55.51
57.68
111.02
115.36
166 .53
173.04
222.04
230.72
277.55
288.40
333.06
346.08
388.57
403.76
Disposal 73.06 146.12 219.18 292.24 365.30 438.36 5 11.42
Total
Contractor Fee
128.57
130.74
257.14
261.48
385.71
392.22
514.28
522.96
642.85
653.70
771.42
784.44
899.99
915.18
Franchise Fee
(10%)
12.86
13.07
25.71
26.15
38.57
39.22
51.43
52.30
64.29
65.37
77.14
78.44
90.00
91.52
ORD. NO. 30-12 8
Administrative
Fee
.35 .35 .35 .35 .35 .35 .35
Total Fee 141.78
144.16
283.20
287.98
424.63
431.79
566.06
575.61
707.49
719.42
848.91
863.23
990.34
1007.05
3 Yard
Collection
83.27
86.51
166.54
173.02
249.81
259.53
333.08
346.04
416.35
432.55
499.62
519.06
582.89
605.57
Disposal 109.59 219.18 328.77 438.36 547.95 657.54 767.13
Total
Contractor Fee
192.86
196.10
385.72
392.20
578.58
588.30
771.44
784.40
964.30
980.50
1157.16
1176.60
1350.02
1372.70
Franchise Fee
(10%)
19.29
19.61
38.57
39.22
57.86
58.83
77.14
78.44
96.43
98.05
115.72
117.66
135.00
137.27
Administrative
Fee
.35 .35 .35 .35 .35 .35 .35
Total Fee 212.50
216.06
424.64
431.77
636.79
647.48
848.93
863.19
1061.08
1078.90
1273.23
1294.61
1485.37
1510.32
4 Yard
Collection
111.02
115.35
222.04
230.70
333.06
346.05
444.08
461.40
555.10
576.75
666.12
692.10
777.14
807.45
Disposal 146.12 292.24 438.36 584.48 730.60 876.72 1022.84
Total
Contractor Fee
257.14
261.47
514.28
522.94
771.42
784.41
1028.56
1045.88
1285.70
1307.35
1542.84
1568.82
1799.98
1830.29
Franchise Fee
(10%)
25.71
26.15
51.43
52.29
77.14
78.44
102.86
104.59
128.57
130.74
154.28
156.88
180.00
183.03
Administrative
Fee
.35 .35 .35 .35 .35 .35 .35
Total Fee 283.20
287.97
566.06
575.58
848.91
863.20
1131.77
1150.82
1414.62
1438.44
1697.47
1726.05
1980.33
2013.67
6 Yard
Collection
166.53
173.03
333.06
346.06
499.59
519.09
666.12
692.12
832.65
865.15
999.18
1038.18
1165.71
1211.21
Disposal 219.18 438.36 657.54 876.72 1095.90 1315.0 8 1534.26
Total
Contractor Fee
385.71
392.21
771.42
784.42
1157.13
1176.63
1542.84
1568.84
1928.55
1961.05
2314.26
2353.26
2699.97
2745.47
Franchise Fee
(10%)
38.57
39.22
77.14
78.44
115.71
117.66
154.28
156.88
192.86
196.11
231.43
235.33
270.00
274.55
Administrative
Fee
.35 .35 .35 .35 .35 .35 .35
Total Fee 424.63 848.91 1273.19 1697.47 2121.76 2546.04 2970.32
ORD. NO. 30-12 9
431.78 863.21 1294.64 1726.07 2157.51 2588.94 3020.37
8 Yard
Collection
222.04
230.70
444.08
461.40
666.12
692.10
888.16
922.80
1110.20
1153.50
1332.24
1384.20
1554.28
1614.90
Disposal 292.24 584.48 876.72 1168.96 1461.20 1753.44 2045.68
Total
Contractor Fee
514.28
522.94
10 28.56
1045.88
1542.84
1568.82
2057.12
2091.76
2571.40
2614.70
3085.68
3137.64
3599.96
3660.58
Franchise Fee
(10%)
51.43
52.29
102.86
104.59
154.28
156.88
205.71
209.18
257.14
261.47
308.57
313.76
360.00
366.06
Administrative
Fee
.35 .35 .35 .35 .35 .35 .35
Total Fee 566.06
575.58
1131.77
1150.82
1697.47
1726.05
2263.18
2301.29
2828.89
2876.52
3394.60
3451.75
3960.31
4026.99
Commercial/Multi-Family Rolloff Containers:
Commercial/Multi-Family Permanent Roll-Off Containers:
Permanent open-top roll-off container: Two hundred thirty dollars and twenty eight cents
$2 30 .28 Two hundred thirty nine dollars and thirty-five cents $239.35 (Includes franchise fee
for haul excludes disposal and franchise fee on disposa l) per pickup plus disposal cost and
franchise fee
Compactors: Two hundred thirty dollars and twenty eight cents $2 30 .28 Two hundred thirty
nine dollars and thirty-five cents $239.35 (Includes franchise fee for haul excludes disposal a nd
franchise fee on disposal) per pickup plus disposal cost and fra nchise fee
PLUS monthly container maintenance fee
15 Yard $250.00
20 Yard $295.00
30 Yard $345.00
40 Yard $395.00
Excludes commercial recycling containers and construction/de molition debris.
ORD. NO. 30-12 10
Commercial 95-Gallon Cart Service (Does not apply to residential service)
Pickups Per Week
1 2 3 4 5 6
Collection 25.59
26.60
51.18
53.20 76.77 79.80 102.36
106.40
127.95
133.00
153.54
159.60
Disposal 6.08 12.16 18.24 24.32 30.40 36.48
Container Maintenance Fee 2.00 2.00 2.00 2.00 2.00 2 .00
Total Contractor Fees 33.67
34.68
65.34
67.36
97.01
100.04
128.68
132.72
160.35
165.40
192.02
198.08
Franchise Fee (10%) 3.37
3.47
6.53
6.74 9.7 0 10.00 12.87
13.27
16.04
16.54
19.20
19.81
Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35
Total Fees 37.39
38.50
72.22
74.45
107.06
110.39
141.90
146.34
176.74
182.29
211.57
218.24
NOTE: The foregoing rates are based on forty-two dollars ($42.00) per ton ($2.81 per cubic yard),
which is the anticipated Solid Waste Authority tipping fee t o be effective October 1, 2012.
NOTE: Government buildings shall be charged the regular commercial customer rate, but shall not be
charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA.
ORD. NO. 30-12 11
The Contractor shall be allowed to charge the Specia l Services rates, as set forth in Exhibit 1 of the
Franchise Agreement, if the Contractor performs any of the services listed on the special services
exhibit. The City’s franchise fee shall be applied to these r ates.
Section 2. That all ordinances or parts of ordinances in confl ict herewith be, and the same are
hereby repealed.
Section 3. That should any section or provision of this ordina nce 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 remainde r hereof as a whole or part thereof other than the
part declared to be invalid.
Section 4. That this ordinance shall become effective on October 1, 201 2.
PASSED AND ADOPTED in regular session on second and final reading on this 20 th day of
September, 2012.
______________________________
M A Y O R
ATTEST:
__________________________________
City Clerk
First Reading _______________________
Second Reading _____________________
MEMORANDUM
TO:Mayor and Ci ty Commissioners
FROM:David T. Harden, City Manager
DATE:August 31, 2012
SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION MEET ING OF SEPTEMBER 4, 2012
ORDINANCE NO. 30 -12
ITEM BEFORE COMMISSION
This ordinance is before Commissi on for first reading to amend Chapte r 51 “Garbage a nd Trash” of the
Code of Ordinances by modifyi ng Section 51.70, “Regular Charges Le vied” to provide for increased
residential and commerical collect ion service rates for FY 2013.
BACKGROUND
Garbage, recycling, yard trash, bulk trash, and comm ercial container fees are being amended.
1. Residential customer s should see approximately a 3.7% increase in their rates due to
an approximate 2% increase in the CPI and a change in the fuel surcharge cr edit from minus 2% to
minus 0%.
2. Commercial rates were also adjusted by the CPI and fuel surcharge.
All rate changes have been revi ewed and approved by Waste Manage ment in accordance with our
contract. These rates go into effect October 1, 2012.
RECOMMENDATION
Recommend approval of Ordinance No. 30-12 on first reading. If pa ssed, a public hearing will be
scheduled for September 20, 2012.
Pa g e 1of 1 Coversheet
9/6/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5972&Meetin g ID=387
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:September 12, 2012
SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
ORDINANCE NO. 29 -12
ITEM BEFORE COMMISSION
The item before the City Commission is that of appr oval to individually designate the property located
at 1108 Vista Del Mar Drive North, as “Waters – Wel lenbrink Residence”, for listing on the Local
Register of Historic Places.
BACKGROUND
The subject property is located at 1108 Vista Del M ar Drive North on the south side of the street, wes t
of Andrews Avenue. The property contains a Cape-Cod Colonial Revival style single-family residence
constructed in 1938. The building has been minimall y altered which has allowed it to maintain its
integrity.
To qualify as a historic site, the property must fu lfill one or more of the criteria set forth in the Land
Development Regulations Section 4.5.1(B). The site is being considered for listing on the Local
Register of Historic Places as it fulfills the crit eria of (B)(2) for its historical and cultural sign ificance.
The residence at 1108 Vista Del Mar Drive North mee ts the above criteria in that it represents the
lifestyle of its original and earliest residents wh o were “wealthy winter residents from the northeast
seeking a comfortable and social location…considere d less formal than Palm Beach.” The selected
designation name of “Water – Wellenbrink Residence” is derived from Willard Water and H.H.
Wellenbrink, the original developers who created th e Delray Beach Esplanade plat which emcompassed
all properties located along Vista Del Mar Drive.
The structure also fulfills the criteria of (B)(3) due to its architectural or aesthetic significance., as it is
exemplified by the Cape Cod/New England Cottage Rev ival style prevalent in coastal areas of South
Florida throughout the 1930s and 1940s. The design, while thought “to have been built from a plan
book” popular in the 1930s, provides distinctive features such as a stepped cedar shingle roof, dormers,
and a central fireplace, among others. The original plans, therefore, do not indicate an architect.
However, there may be a connection to Sam Ogren Sr., who is known as the “Father of Delray
Architecture”, based on a newspaper article from 19 87.
REVIEW BY OTHERS
The Historic Preservation Board (HPB) will review the subject designation at its meeting of September 19,
2012. The recommendation will be presented to the C ity Commission during the agenda item
presentation.
RECOMMENDATION
Move approval on first reading of Ordinance No. 29-12 to place the property located at 1108 Vista Del
Mar Drive North on the Local Register of Historic P laces as “Waters-Wellenbrink Residence”, 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 Comprehensi ve Plan and Section 4.5.1(B) of the Land
Development Regulations.
1
Ord No. 29-12
ORDINANCE NO 29-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, DESIGNATING WATERS-
WELLENBRINK RESIDENCE, LOCATED AT 1108 VISTA DEL
MAR DRIVE NORTH, AS MORE PARTICULARLY DESCRIBED
HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR
THE AMENDMENT OF THE “ZONING MAP OF DELRAY
BEACH, FLORIDA, JANUARY 2012” PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE .
WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach provides for the designation and prot ection of historic sites; and,
WHEREAS, John J. Grogan and Jenny Vogt, as property owners, have nominated the
property described herein to be designated as a local historic st ructure; and,
WHEREAS, the Historic Preservation Board of the Cit y of Delray Beach held a duly noted
Public Hearing in regard to the designation of the property as a local historic structure; and,
WHEREAS, on September 19, 2012, the Historic Prese rvation Board of the City of Delray
Beach recommended ___ to ___ that the property described he rein be designated a local historic
structure; and,
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Historic Preservation Board Memorandum Staff Report; and,
WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is
consistent with the Comprehensive Plan; and,
WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed
Public Hearing in regard to the designation of the pr operty structure located on the property
described herein as a local historic structure.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSIO N OF THE
CITY OF DELRAY BEACH FLORIDA AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated her ein.
Section 2 That the structure on the described property is here by designated as a local
historic structure in accordance with and under the pr ovisions of Section 4.5.1 of the Land
Development Regulation of the City of Delray Beach, Florida , to-wit:
Section 3 That the Planning and Zoning Director of said City shall, upon the effective
date of this Ordinance, amend the Zoning Map of the Ci ty of Delray Beach, Florida, to show the
historic designation, in an overlay manner.
2
Ord No. 29-12
Section 4 That all Ordinances or parts of Ordinances in confli ct herewith be, and the
same are hereby repealed.
Section 5 That should any section or provision of this ordinance or an y 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 remainde r hereof as a whole or part thereof other than
the part declared to be invalid.
Section 8 That this ordinance shall become effective immediat ely upon passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the _____ day of ___________________, 201___.
____________________________________
M A Y O R
ATTEST:
_______________________________
City Clerk
First Reading__________________
Second Reading________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Janice Rustin, Assistant City Attorney
DATE:September 14, 2012
SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
ORDINANCE NO. 33 -12
ITEM BEFORE COMMISSION
The attached Ordinance 33-12 is amending Section 37 .42 “Administrative Fines; Costs of Repair;
Liens”.
BACKGROUND
This ordinance amendment is before Commission for a pproval to update Section 37.42 “Administrative
Fines; Costs of Repair; Liens” to allow for enhanced fines to be imposed on code e nforcement
violations that are described in Section 99.03 “Lou d And Unnecessary Noises Prohibited”.
RECOMMENDATION
The City Attorney’s Office recommends City Commissi on discretion.
ORDINANCE 33-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37,
“DELRAY BEACH CODE ENFORCEMENT”, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 37.42 “ADMINISTRATIVE FINES;
COSTS OF REPAIR, LIENS” TO INCREASE THE FINES FOR
NOISE VIOLATIONS AS DEFINED IN SECTION 99.03;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Florida Statute 162.09 provides for enhanced code enf orcement fees; and,
WHEREAS, Florida Statute 162.09(2)(d) allows a munic ipality having a population equal to or
greater than 50,000 to adopt by a vote of at least a majority plus one of the entire governing body of t he
municipality, an ordinance that gives code enforceme nt boards or special masters authority to impose
fines not to exceed one thousand dollars ($1,000.00) p er day per violation for a first violation and five
thousand dollars ($5000.00) per day per violation for a repeat violation, and not to exceed fifteen
thousand dollars ($15,000.00) per violation if a Code Enforcement Board finds the violation to be
irreparable or irreversible in nature; and,
WHEREAS, the population of the City of Delray Beach (“City”) is more than 50,000 residents;
and,
WHEREAS, excessive sound is a serious hazard to the p ublic health and welfare, safety and the
quality of life; and,
WHEREAS, the people have a right to and should be en sured an environment free from
unreasonably excessive sound as would jeopardize their health, welfare or safety or degrade the quality of
life; and,
WHEREAS, the City Commission of the City of Delray Beach desires to prevent such
unreasonably excessive sound as would jeopardize the h ealth, welfare or safety of its citizens or degrade
the quality of life; and,
WHEREAS, the City Commission wishes to authorize th e enhanced fines for code enforcement
violations in certain limited circumstances;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF T HE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated her ein.
2
ORD. NO. 33-12
Section 2. That Section 37.42 “Administrative Fines; Costs of Repair; Liens” of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 37.42. - ADMINISTRATIVE FINES; COSTS OF REPAIR; LIENS .
(B) (1) A fine imposed pursuant to this Section sha ll not exceed two hundred
fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred
dollars ($500.00) per day for a repeat violation and, in addition, may include all costs
of repairs pursuant to subsection (A). However, if a Code Enforcement Board finds
the violation to be irreparable or irreversible in nature, it may impose a fine not to
exceed five thousand dollars ($5,000.00) per violation . If the violation is a violation
described in Section 99.03, the fine imposed shall not exceed one thousand dollars
($1000.00) per day per violation for a first violati on, shall not exceed five thousand
dollars ($5000.00) per day per violation for a repeat violation, and shall not exceed a
maximum of fifteen thousand dollars ($15,000.00) per violation if a Code
Enforcement Board finds the violation to be irreparable or i rreversible in nature.
(2) In determining the amount of the fine, if any, the enforcement board
shall consider the following factors:
(a) The gravity of the violation;
(b) Any actions taken by the violator to correct the viola tion; and
(c) Any previous violations committed by the violator.
(3) An enforcement board may reduce a fine imposed pursuant to this
Section.
(4) A certified copy of an order imposing a fine, or a fine plu s repair costs,
may be recorded in the public records and thereafter shall consti tute a lien against
the land on which the violation exists and upon any other rea l or personal property
owned by the violator. Upon petition to the Circuit Court, s uch order shall be
enforceable in the same manner as a court judgment by the sheri ffs of this State,
including execution and levy against the personal property of the violator, but such
order shall not be deemed to be a court judgment except for enforc ement
purposes. A fine imposed pursuant to this part shall contin ue to accrue until the
violator comes into compliance or until judgment is rendered in a suit filed
pursuant to this Section, whichever occurs first. A lien a rising from a fine imposed
pursuant to this Section runs in favor of the local governing body, and the local
governing body may execute a satisfaction or release of lien entered pursuant to this
3
ORD. NO. 33-12
Section. After three (3) months from the filing of any such lien which remains
unpaid, the enforcement board may authorize the local govern ing body Attorney to
foreclose on the lien or to sue to recover a money judgment for t he amount of the
lien plus accrued interest. No lien created pursuant to the pr ovisions of this part
may be foreclosed on real property which is a homestead under S ection 4, Art. X of
the State Constitution. The money judgment provisions of th is Section shall not
apply to real property or personal property which is covere d under Section 4(a),
Art. X of the State Constitution. Actions for money judgment s under this Section
may be pursued only on fines levied after October 1, 2000.
Section 3 . That should any section or provision of this ordina nce or any portion thereof, any
paragraph, sentence, or word be declared by a Court of c ompetent 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 decl ared
to be invalid.
Section 4 . That all ordinances or parts of ordinances in confl ict herewith be and the same are
hereby repealed.
Section 5 . That this ordinance shall become effective upon it s passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _______
day of ___________________, 2012.
ATTEST:
____________________________ _____________________________
City Clerk M A Y O R
First Reading __________________
Second Reading ________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Janice Rustin, Assistant City Attorney
DATE:September 14, 2012
SUBJECT:AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2012
ORDINANCE NO. 34 -12
ITEM BEFORE COMMISSION
The attached Ordinance 34-12 is amending Section 99 .02, “Definitions”, amending Section 99.03,
“Loud and Unnecessary Noises Prohibited”, and amend ing Section 99.08, “Penalty”.
BACKGROUND
This ordinance amendment is before Commission for a pproval to Section 99.03, “Loud and
Unnecessary Noises Prohibited”, by removing Subsect ion (A)(2), “Loudspeakers and Public Address
Systems”, and adding the devices described in this section to the list of devices covered in Subsection
(A)(1), “Radios, televisions, musical instruments, etc.”. This change is intended to prevent inconsistent
enforcement regarding the use of outdoor loudspeake rs. Also, Commission approval is requested to
amend Section 99.02, “Definitions”, to add a defini tion for “structure” and to amend Section 99.08,
“Penalty”, to increase the fines for noise violations to the m aximum fines allowed under Florida Statute
162.09(2)(d).
RECOMMENDATION
The City Attorney’s office recommends City Commissi on discretion.
ORDINANCE 34-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99
“NOISE CONTROL”, OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
99.02 “DEFINITIONS” TO DEFINE “STRUCTURE”; BY
AMENDING 99.03 “LOUD AND UNNECESSARY NOISES
PROHIBITED” TO CLARIFY SAME; BY AMENDING SECTION
99.08 “PENALTY” TO INCREASE THE FINES FOR NOISE
VIOLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the people have a right to and should be en sured an environment free from
unreasonably excessive sound as would jeopardize their health or welfare or safety or degrade the quality
of life; and,
WHEREAS, the City Commission of the City of Delray Beach desires to prevent such
unreasonably excessive sound as would jeopardize the h ealth or welfare or safety of its citizens or degrade
the quality of life; and,
WHEREAS, Florida Statute 162.09 provides for enhanced code enf orcement fees; and,
WHEREAS, Florida Statute 162.09(2)(d) allows a munic ipality having a population equal to or
greater than 50,000 to adopt by a vote of at least a majority plus one of the entire governing body of t he
municipality, an ordinance that gives code enforceme nt boards or special masters authority to impose
fines not to exceed one thousand dollars ($1,000.00) p er day per violation for a first violation and five
thousand dollars ($5000.00) per day per violation for a repeat violation, and not to exceed fifteen
thousand dollars ($15,000.00) per violation if a Code Enforcement Board finds the violation to be
irreparable or irreversible in nature; and,
WHEREAS, the population of the City of Delray Beach (“City”) is more than 50,000 residents;
and,
WHEREAS, the City Commission wishes to authorize th e enhanced fines for code enforcement
violations in certain limited circumstances;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF T HE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1 . That the recitations set forth above are incorporated her ein.
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Section 2. That Section 99.02 “Definitions” of the Code of Or dinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows :
Sec. 99.02. - DEFINITIONS.
The following words, terms and phrases, when used in t his article, shall have the meanings
ascribed to them in this section, except where the context c learly indicates a different meaning:
Amplification device. Any instrument, machine, or system, which by electr onic means
augments sound by increasing the sound level or volume.
Amplified sound. Sound augmented by any electronic means that increase s the sound level
or volume.
Commercial area . For purposes of this ordinance only, commercial ar ea shall include all
nonresidential and nonindustrial zoning districts:
(1) Neighborhood Commercial (NC);
(2) Planned Commercial (PC);
(3) General Commercial (GC);
(4) Automotive Commercial (AC);
(5) Central Business District (CBD);
(6) Central Business District—Rail Corridor (CBD-RC);
(7) Residential Office (RO);
(8) Old School Square Historic Acts District (OSSHAD);
(9) Professional Office District (POD);
(10) Planned Office Center (POC);
(11) Special Activities District (SAD); and
(12) Resort/Tourism (RT).
(13) Mixed Residential, Office and Commercial District (MRO C)
Industrial area. All that area located in the following zoning districts:
(1) Light Industrial (LI);
(2) Mixed Industrial and Commercial (MIC);
(3) Industrial (I); and
(4) Planned Commerce Center (PCC).
Offense. A notice of violation that has not been appealed ti mely or a finding of violation by
a special master following the appeal of a violation.
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One day . A 24-hour period from noon to noon.
Premises . Any real property or parcel of land, including the buildings, structures or other
improvements thereon.
Residential area. For purposes of this chapter only, residential area shall include the
following zoning districts:
(1) R-1-AAA;
(2) R-1-AAA-B;
(3) R-1-AA;
(4) R-1-AA-B;
(5) R-1-A;
(6) R-1-A-B;
(7) RM;
(8) RR;
(9) A;
(10) PRD;
(11) MH;
(12) RL;
(13) Community Facilities (CF);
(14) Open Space (OS);
(15) Open Space & Recreation (OSR); and
(16) Conservation District (CD).
Structure. A building of any kind, either temporary or permanent, which h as a roof over it.
Violator . A person or entity determined or cited by a code ins pector as being in violation
of the provisions of this article.
Section 3. That Section 99.03 “Loud And Unnecessary Noises Proh ibited” of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED.
It shall be unlawful for any person to make, contin ue or cause to be made or continued
any unreasonably loud, excessive, or unnecessary noise.
(A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among
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others, are declared to be unreasonably loud, excessiv e, or unnecessary noises and in violation of
this Chapter:
(1) Radios, televisions, musical instruments, loudspeakers , etc: Using, operating, or
permitting to be played, used or operated any radio rec eiving set, television set, musical
instrument, sound amplifier, loudspeaker, public address system, sound truck or other
machine or device for the producing or reproducing of sound in such manner as to
disturb the peace, quiet and comfort of the neighbori ng inhabitants, or at any time with
louder volume than is necessary for convenient heari ng for the person or persons who are
in the room, vehicle or chamber in which such machi ne or device is operated and who are
voluntary listeners thereto.
(a) Violation will occur if the noise source is loc ated within an
automobile, in or upon a public street, highway, bu ilding, sidewalk,
park, thoroughfare or other public area, or is loca ted in or upon a
public access area, such as a shopping mall, parkin g lot or the like,
or on any private property, and the sound is plainly audible more
than fifty (50) feet from its source or, if the noi se source is in a
building or other structure and the sound can be heard more than
one hundred (100) feet away from the building or struc ture or the
boundaries of the property surrounding such building o r structure,
whichever is greater (except for activities open to the public and
for which a permit has been issued by the City accor ding to the
criteria set forth in Section 99.05).
(b) Where the noise source is located in a building o r other structure,
the owner, occupant, resident manager or other perso n in charge
of the premises shall, if present, be presumed to have permit ted the
noise in the absence of evidence to the contrary.
(2) Loudspeakers or Public Address Systems . The unreasonably loud use o r
operation of any loudspeaker, public address system, s ound truck, sound amplifier or
similar device within a residential zone whether the source is located indoors or out -of -
doors or within all commercial zoning districts of th e City when the source is l ocated out -
of -doors only. This section does not include two -way communication systems at drive -in
facilities and/or activities for which a permit has b een issued by the City Manager or
his/her designees according to the criteria set forth in Secti on 99.05.
(3)(2) Animals and Birds . Owning, possessing or harboring any dog, animal or bird
which causes frequent, habitual or long continued no ise which is plainly audible at a
distance of one hundred (100) feet from the building, s tructure or yard in which the dog,
animal or bird is located. This provision shall not apply to pu blic zoos.
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(4)(3) Loading and Unloading . Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building mater ials, garbage cans or similar objects in
a manner as to cause an unreasonably loud or excessive sound.
(5)(4) Construction . Operating or permitting the operation of any tool s or
equipment used in construction, drilling or demolition work in such a manner as to create
an unreasonably loud or excessive sound.
(a) The provisions of subsection (A)(5)(4) of this Section shall not
prohibit construction, drilling or demolition work be tween the
hours of 7:00 a.m. and 7:00 p.m. on weekdays, nor pro hibit the use
of any temporary pumps or machinery which are requi red to be
operated twenty-four (24) hours a day in conjunction with
construction work. Subsection (A)(5)(4) shall also not apply to
emergency work for public utilities or where there is an exemption
pursuant to Section 99.04 or where a temporary perm it has been
issued pursuant to Section 99.05.
(b) The provisions of subsection (A)(5)(4) shall not apply to the use of
domestic power tools subject to subsection (A)(13)(12) of this
Section.
(6)(5) Vehicle or Motorboat Repairs and Testing . Repairing, rebuilding, modifying or
testing any motor vehicle, motorcycle or motorboat in a manner as to cause an
unreasonably loud or excessive sound.
(7)(6) Refuse Collection Vehicles . No person shall collect refuse with a refuse
collection vehicle between the hours of 7:00 p.m. and 6:00 a.m.
(8)(7) Stationary Mechanical Noise Source . Operating or permitting the operation of
stationary mechanical sources including but not limi ted to pumps (except for pumping
done pursuant to division (A)(5)(4)(a) of this Section), motors, fans, compressors, po wered
tools or similar devices, air conditioning or air-ha ndling systems, and cooling towers in a
manner as to exceed 60 decibels (dB[A]) when measured a t any point on neighboring
property line.
(9)(8)Vibration. Operating or permitting the operation of any device on a property
so as to produce vibration noticeable by a person of reasonable sensitivity at the property
line, including bass emanating from audio speakers.
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(10)(9) Stationary Nonemergency Signaling Devices. Sound or permitting the sounding
of any signal from any stationary bell, chime, sire n, whistle or similar device intended
primarily for nonemergency purposes, from any place , for more than ten (10) seconds in
any hourly period. Devices used in conjunction with p laces of religious worship shall be
exempt from the operation of this provision.
(11)(10)Emergency Signaling Devices.
(a) The intentional sounding or permitting the soundi ng outdoors of
any fire, burglar or civil defense alarm, siren, whi stle or similar
stationary emergency signaling devices, except for e mergency
purposes or for testing, as provided in subsection (A )(11)(10)(b) of
this Section.
(b)(1) Testing of a stationary emergency signaling device and/or
emergency generator shall not occur before 7:00 a.m . or after 7:00
p.m. Any testing shall use only the minimum cycle t est time. In no
case shall the test time exceed sixty (60) seconds f or emergency
signaling devices and five (5) minutes for emergency generat ors.
(2) Testing of the complete emergency system, inclu ding the
functioning of the emergency signaling device and th e personnel
response to the emergency signaling device shall not occur more
than once in each calendar month. This testing shall not occur
before 7:00 a.m. or after 7:00 p.m. The time limit for the test time
specified in subsection (A)(11)(10)(b)(1) shall not apply to the
complete system testing.
(c) The sounding or permitting the sounding of any ex terior burglar or
fire alarm shall comply with the provisions of Chapter 112.
(12)(11)Motor Vehicles Operating on a Public Right-of-Way. Motor vehicles on a Public
Right-of-Way are regulated as set forth in F.S. Sect ions 316.272 and 316.293, as currently
exists or as may hereafter be amended.
(13)(12)Domestic Power Tools . Operating or permitting the operation of any
mechanically powered saw, drill, sander, router, gri nder, lawn or garden tool, or similar
device used in residential areas between the hours of 8 p.m and 7 a .m.
(14)(13)Schools, Courts, Hospitals . The creation of any excessive or unreasonably
loud noise on any street adjacent to any school, inst itution of learning, house of worship
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or court while the same are in use, or adjacent to a ny hospital, which unreasonably
interferes with the working of such institutions, o r which disturbs or unduly annoys the
patients in the hospital, provided conspicuous signs are displayed in such streets indicating
that it is a school, hospital or court street.
(15)(14)Tampering . The removal or rendering inoperative by any person other than
for purposes of maintenance, repair or replacement, of any noise control device or
element of design of any product having those devices.
Section 4. That Section 99.08 “Penalty” of the Code of Ordinanc es of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows :
Sec. 99.08. - PENALTY.
(A) The following civil fines and penalties shall be imposed for violations of this
article:
(1) If the offense is the first offense, a maximum fine of $250.00 may be
imposed.
(2) If the offense is the second offense within the preceding 12 months, a
maximum fine of $500 $1000.00 may be imposed.
(3) If the offense is the third offense within the p receding 12 months, a
maximum fine of $3000.00 may be imposed.
(4) If the offense is more than the third offense wi thin the preceding 12
months, a maximum fine of $5000.00 may be imposed.
(B) Each violation shall constitute a separate offe nse for which a separate fine may be
imposed. A person may receive a separate notice of v iolation once every hour if a violation has
occurred at any time within that period. An offense s hall be deemed to have occurred on the date
the violation occurred. An offense occurring 12 mont hs after the last offense shall be treated as a
first offense for purposes of incurring new fines and penalt ies.
(C) This Chapter shall be enforced using procedures s et forth in Section 37.45 or
Section 99.09 of the City’s Code of Ordinances, or by any other means available to the City.
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Section 5 . That should any section or provision of this ordina nce or any portion thereof, any
paragraph, sentence, or word be declared by a Court of c ompetent 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 decl ared
to be invalid.
Section 6 . That all ordinances or parts of ordinances in confl ict herewith be and the same are
hereby repealed.
Section 7 . That this ordinance shall become effective upon it s passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _______
day of ___________________, 2012.
ATTEST:
____________________________ _____________________________
City Clerk M A Y O R
First Reading __________________
Second Reading ________________