Agenda Reg 12-11-01City of Delray Beach
Regular Com iss o
Tuesday, December 11,
2001
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
100 N~ 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
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 on items under this
section.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and servxces to afford an individual vath a
chsabflity an opportunity to participate m and enloy the benefits of a service,
program, or acuvxty conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event m order for the
City to accommodate your request. Adapuve hstening devices axe available for
meetings in the Commissxon Chambers.
2.
3.
4.
5.
ROI.I. C~I.I.,
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
· None
PROCLAMATIONS:
PRESENTATIONS:
A. Theresa LePore, Supervisor of Elections - New Voting Equipment
B. After School Program - "What It Means to Be an American" - Essay Contest Winners
Co
Government Finance Officers Association - Certificate of Achievement for Excellence
in Financial Reporting
CONSENT AGENDA: City Manager Recommends Approval.
LANDSCAPE AGREEMENT/RALPH ISUZU/DAEWOO DEALERSHIP:
Approve a landscape agreement with Ralph Buick, Inc. (Ralph Isuzu/Daewoo
Dealership), located at the northeast comer of South Federal Highway and Fladell's
Way (Avenue F) (2501 South Federal Highway), to allow deferral of installation of the
required 25' landscape strip along Federal Highway until future widening of Federal
Highway occurs.
Bo
ACCEPTANCE OF EASEMENT DEED/DELRAY PARK OF COMMERCE
(STORETECH PROJECT): Approve and accept an easement deed granting to the
City the means to install and maintain a water main extension that was a reqmrement of
the sxte plan approval for the Storetech project located in the Delray Park of Commerce
adjacent to NW 17~ Avenue.
FUNDING AGREEMENT/WEED AND SEED PROGRAM: Approve funding
agreements between the City and MAD DADS of Greater Delray Beach ($35,000.00),
Children Learning After School Sessmns, Inc. ($20,500.00), and Roots Cultural Festtval,
Inc. ($15,000.00) for participation in the U.S. Department of Justice Executive Office
for Weed and Seed program for fiscal year October 1, 2001 to September 30, 2002.
12-11-01
D. LANDSCAPE MAINTENANCE AGREEMENT/RENAISSANCE LIMITED
LIABILITY CORPORATION: Approve a landscape maintenance agreement
between the City and Renaissance Lirmted Iaability Corporation to allow placement and
maintenance of landscape material for the ~sland(s) located within the right-of-way of
N.E. 2nd Street adjacent to the Renaissance Village.
CHANGE ORDER #2/FINAL PAYMENT/SONIC ENGINEERING, INC.
(INFRASTRUCTURE IMPROVEMENTS): Approve Change Order g2 in the
amount of $6,654.15 and final payment in the amount of $22,937.81 to Sonic
Engineering, Inc. for the Southridge Road, Sunset and Albatross Road Infrastructure
Improvements project. Funding is available from 370-3162-541-65.46 (Southridge
Road/Sunset/Albatross Road).
CONTRACT ADDITION (C.O. #1)/DRILLING SERVICES, INC.
(RECONSTRUCTION OF DRINKING WELL): Approve a contract addiuon
(C.O. gl) to Drilhng Services, Inc. m the amount of $51,850.37 for the reconstrucuon
of Drinking Water Well g26 from its ex~sting location south of SW 102 Avenue on the
east side of 1-95 right-of-way to the intersection of SW 7th Street and Auburn Avenue.
Funding is available from 442-5178-536-61.82 (Well Rehabilitation).
CONTRACT ADDITION (C.O. #1)/MURRAY LOGAN CONSTRUCTION,
INC. (LIFT STATION REHABILITION): Approve a contract addiuon (C.O. gl)
to Murray Logan Construction, Inc. for the rehabilitation of Lift Station g31 in the
amount of $74,000.00, which includes replacement of deteriorated pumps and rails and
breakaway flanges at nine (9) eyastmg sanitary lift stations throughout the Cxty. Funding
xs available from 442-5178-536-61.83 (Lift Station Rehabilitation).
LANDSCAPE MAINTENANCE AGREEMENT WITH FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT)/A-1-A: Approve an
agreement wxth the Florida Department of Transportation (FDOT) for landscape
maintenance of a 2,745 foot section of A-l-A, located between Highland Beach City
limits and the Linton Boulevard Bridge.
SPECIAL EVENT REQUEST/13TH ANNUAL DOWNTOWN ART
FESTIVAL (HOWARD ALAN EVENTS, LTD.): Approve a special event
request for the 13th Annual Downtown Art Fesuval sponsored by Howard Alan
Events, Ltd. to be held January 19 and January 20, 2002, which includes waiving rental
fees for use of City facilities, watving costs assocxated with constructing/installing event
signs and banners, and staff assistance with constructing/installing s~gns and banners.
SPECIAL EVENT REQUEST/FOTOFUSION 2002: Approve a special event
request for Fotofusxon 2002 to be held January 22 through January 26, 2002, whtch
includes event signage (approxanate cost $250.00), waiving costs associated w~th
constructing/installing event signs and banners, and staff assistance with
constructing/installing signs and banners.
-3-
12-11-01
K. REVIEW OF APPEAI.&BI.E LAND DEVEI.OPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 3, 2001 through December 7, 2001.
L. AWARD OF BIDS AND CONTRACTS:
Bid award in the amount of $3,882,210.00 to Bean Stuyvesant for the beach
renourishment contract. Funding for this item will be obtained through short-
term financing with the entire cost of the contract later reimbursed from
Federal, State, and County appropriations.
Bid award to Eagle Painting in the amount of $27,550.00 for the painting of the
Police and Fire Headquarters. Funding is available from 334-6112-519-46.10
(Building Maintenance).
REGULAR AGENDA:
Ao
LICENSE AGREEMENT/CAUSE EVENTS, INC. (SPORTSFEST 2002):
Consider approval of a license agreement with Cause Events, Inc. for use of the Tennis
Center and other City facilities for "Sportsfest 2002" to be held March 23, 2002 from
10:00 a.m. until 11:00 p.m. Cause Events, Inc. will be responsible for staging,
production, management, promotion, advertising, concessions, uttlities, clean-up and
trash removal, and Police and Fire overtrrne. The City will provide slgnage, bamcade
assistance and use of parking lots for the event. The event is to include Golden Gloves
boxing and other sporting events.
BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of the
FY2000-2001 bonus payments to JCD Sports Group for golf operations in the amount
of $17,500 and for Tenms Center operauons in the amount of $3,000. Funding is
available in the amount of $12,000 from 445-4711-572-34.90; $5,500 from 446-4711-
572-34.90; $1,500 from 001-4124-572-34.90 and $1,500 from 001-4133-472-34.90.
(Other Contractual Services).
Co
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION:
Consider an appeal of a decision of the Site Plan Review and Appearance Board's action
relating to the architectural elevations Associated with Morse Kia, located at the
northwest comer of South Federal Highway and Avenue F. Quasi-judt'cialttcadng
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a
spechal event request and endorse the Art & Jazz on the Avenue scheduled for January
24, 2002 from 6 p.m. to 11 p.m., granting a temporary use permit per LDR Section
2.4.6(I-t) for the closure of Atlantic Avenue from Swmton to NE 7th Avenue, the south
side of Atlantic Avenue from NE 7th Avenue to just past the Blue Anchor Pub,
Railroad Drive from Atlantic Avenue to NE 1st Street, NE 2nd Avenue from Atlantic
Avenue to NE 2nd Street, use of the east end of the Tennis Center parking lot, and to
authorize staff support for security and traffic control, banner hanging and removal,
barricade set-up and removal, clean up, and use/set-up of City stages.
12-11-01
E. CABLE FRANCHISE AGREEMENT RENEWAL PROCESS/
APPOINTMENT OF OUTSIDE COUNSEL: Consider renewal options and
appointment of an outside counsel, Ila Feld with Leibowitz & Associates, to act as
consultant for the cable renewal franchise process with Adelphia Cable. The current
franchise agreement expires July 22, 2004.
PROPOSAL FOR SETTLEMENT/PRATT v. CITY OF DELRAY BEACH, et
10.
11.
12.
al: Consider a proposal for settlement in the case of Eric Pratt vs. the City. of Delray
Beach for $79,999.00. Staff recommendation is denial.
Go
APPOINTMENTS TO THE ELDER READY TASK FORCE: Appoint fifteen
(15) members to the Elder Ready Task Force. According to Resolution No. 65-01, each
member of the City Commission xmll appoint three (3) members to the Eider Ready
Task Force with the Mayor appointing a Chaj_rperson from the membersbap. The
appointments will be made by Commissioner Perlman (Seat #1), Commissioner Archer
(Seat #2), Comrmssioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and
Mayor Schmidt (Seat #5). Also under consideration xs Commission Limson.
Ho
TRIBUTE TO C. SPENCER POMPEY/PERFECT RESULTS, INC.: Consider
approving a $15,000 advancement to Perfect Results, Inc. for the production of a Black
H~story video tribute to C. Spencer Pompey to be repaid to the City by Palm Beach
County Commissioner Addie L. Greene.
PUBLIC HEARINGS:
A0
ORDINANCE NO. 52-01 (ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2001-03): Consider adopuon of Ordinance No. 52-01 which
adopts Comprehensive Plan Amendment 2001-3 which includes creation of a new
Public Schools Faciltties Element, which will include a definition section and related
map series, and revision to the existing Capxtal Improvement Element to include the
School Dismct's adopted Six-Year Capital Facilities Plan. (Pursuant to Florida Statute
163.3187(1)0), this amendment is exempt from the twice a year Comprehensive Plan
amendment imposed by Florida Statute).
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.
FIRST READINGS:
A0
ORDINANCE NO. 61-01: An ordinance amending Land Development Regulations
Section 4.4.13(G)(1)(a) regarding Residential Parking Requirements in the CBD (Central
Business District. If passed, a public hearing wxll be scheduled for January 8, 2002.
-5-
12-11-01
ORDINANCE NO. 62-01: An ordinance providing for Charter revisions by repealing
Arucle III, "Legislative", and enacting a new Article III, "Legislauve", to the City
Charter by repealing Article VIII, "Municipal Courts", and amending remaining Articles
I, II, IV, V, VI, and VII to clarify, delete obsolete reference, correct grammatical errors,
reorgamze and to enhance the Charter's "Readability"; providing for a Referendum. If
passed, a public heating will be scheduled for January 8, 2002.
RESOLUTION NO. 71-01: A resolution calling for a special election on
Charter change to be held on March 12, 2002, to provide for a Referendum
on the Charter change presented in Ordinance No. 62-01.
ORDINANCE NO. 63-01: An ordinance providing for Charter revisions by
amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form of
Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-
Mayor; Succession to the Office of Mayor", providing for the length of the Mayor's
term if elected at a Special election; by repealing Section 3.06(d), '%/'acancles; Forfeiture
of Office; Filling of Vacancies", and enacting a new Section 3.06(d), "Filling a Vacancy
in the Office of Mayor" and subsection 3.06(d)(1)(2)(3)(4) and (5); to provide for filhng
a vacancy in the Office of Mayor; by amending Ordinance No. 62-01 by repealing
Sections 3.08Co)(1)(2) and (3) of Ordinance No. 62-01 and enacting a new Section 3.08,
"Filling of Vacancy in the Office of Mayor" and Subseclaons 3.08(b)(1)(2) and (3), to
provide for the filling of vacancy in the Office of Mayor, providing for the length of the
Mayor's term if elected at a Special election, providing for the Vice-Mayor to serve as
Mayor until the next elecl~on if 60 or more days remain until the next election of if less
than 60 days remain requiting a Special election to fill the vacancy in the Office of
Mayor, providing for the qualification of candidates for a Special election to fill a
vacancy in the Office of Mayor, the date of assumption of Office of the Mayor elected
at the Specml election, providing that the term of the Commissioner filling a vacancy
created by the Vice-Mayor succeeding as Mayor shall be only until the next election
instead of the Mayor's term of office, unless a vacancy is created less than 60 days
before the election then the seat shall remain vacant until after a Mayor is elected at the
Special election; providing for the filling of vacancies in the Office of Vice-Mayor and
Deputy Vice-Mayor; providing for a referendum on March 12, 2002. If passed, a public
hearing will be scheduled for January 8, 2002.
RESOLUTION NO. 72-01: A resolution calling for a special election on
Charter change to be held on March 12, 2002, to provide for a referendum
on the Charter change presented in Ordinance No. 63-01.
ORDINANCE NO. 64-01: An ordinance providing for Charter revisions by amending
Article III, "Legislauve", Section 3.0.1, "Commission City Manager Form of
Government; Term of Office; Number; Office of the Vice-Mayor and Deputy Vice-
Mayor; Succession to the Office of the Mayor; Term Limits", by repealing Section
3.01(c) and enacting new Section 301(c) and by amending Ordinance No. 62-01, Section
3.09, "Term Limits", by amending Subsecnon (a), to provide that effective 2003 and
thereafter a Commissioner and/or Mayor who reaches term lirmts during an elected
term shall be nevertheless permitted to serve out that elected term; providing for a
Referendum on March 12, 2002. If passed, a public heanng will be scheduled for
January 8, 2002.
12-11-01
13.
RESOLUTION NO. 73-01: A resolution calling for a special election on
Charter change to be held on March 12, 2002, to promde for a referendum
on the Charter change presented in Ordinance No. 64-01.
ORDINANCE NO. 65-01: An ordinance mending Chapter 34 of the Code of
Ordinance, "Elections" heading "General Provisions" by amending Seclaon 34.02, "City
Commission to Provide for Elections: Appointment of Inspectors and Clerks";
amending heading "Quahficauons for Candidacy", by amending Section 34.15,
"Qualifying as Candidate"; Section 34.16, "Filing of Nominating Petition", and Secuon
34.17, "Procedure After Filing", to provide for qualifying for Mayor in the event a
Specxal election is held to fill a vacancy in the Office of Mayor, to reorganize and correct
grammatical errors. If passed, a public hearing will be scheduled for January 8, 2002
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
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12-11-01
HAPPY
HOLIDAYS
DELRAY BEACH PARKS AND RECREATION DEPARTMENT
AFTER-SCHOOL PROGRAM NEWS
Joe Weldon, Director of Parks & Recreation Richard Connell, Assistant Director
PROGRAM STAFF:
Director: Ms. Tonya Smith
Office in Community Center
50 NW 1't Ave:
243-7249
POMPEY PARK:
Center Supervisor: Ms. Ann Green
1011 NW 2"a Ave 243-7356
After-School Supervisor: Ms. Erika Seabrooks
COMMUNITY CENTER:
Center Supervisor: Mr. Tom Kwiatck
50 NW 1't Ave 243-7250
After-School Supervisor: Ms. Joy Martin
PINE GROVE ELEMENTARY SCHOOL:
Center and After-School Supervisor: Yashika Jackson
400 SW 10'h St 573-1668
***************************************************
SAFETY TIPS FROM THE DELRAY BEACH OCEAN
RESCUE DIVISION:
Never swim alone.
Swim only in areas supervised by lifeguards.
Obey lifeguard instructions.
Call 243-3224 for latest beach conditions.
****************************************************
December, 2001
EXTRA!!!! EXTRA!!!! EXTRA!I!!
Winners of last month's essay contest have been named. The
winners' essays can be found on pages 2 and 3. Following is a
list of the winners in the various contests.
COMMUNITY CENTER:
Coloring: Alkyshia McDonald
Marsha Jean-Baptiste
JaTanga Rowell
Essay: Anthony Davis
Lensa Jeudy
Jim Loseielle
POMPEY PARK:
Coloring: Kristcn Johnson
Bria Askins
Lovensky Deiva
PINE GROVE:
Coloring: Guervely Cajuste
Shama Exantus
Nesly Jean-Baptiste
Drawing: Marc St Louis
Tatyona Evans
Jared Johnson
Shakira Robinson
Donta Medina
Rashaud McKennon
Essay:
Sylvester Loius
Jacobi L Demps
Shamari Patrick
Drawing: Nadiyah Braxton
Marquis Huggins
Diamond Gardner
Essay:
Lashundra Beauchamp
Tyrell Jones
Jessica Beauford
There are many special holiday events scheduled this month.
They include such favorites as the Festival of
Trees, Holiday Toy Program, Xmas parties,
Santa's Calling and Holiday Day
Camp among others. Days and
times of these events are noted in the
following pages.
TURKEY TROT UPDATE:
More titan 250 nmners and walkers participated in the 15th
Annual Turkey Trot on Saturday, November 17, despite some
minor inclement conditions. Approximately $1100. was raised
for the Keith Straghn Feed the Hungry Thanksgiving Drive which
was held at Pompey Park on Thanksgiving Day. Hundreds of
needy families and individuals benefited from this event.
CUB SCOUT PROGRAM UPDATE:
The After-School program staff is ready to select
participants for the newly organized Cub Scout
program. 20 boys will be selected by staff to
participant in a Pack at each site. Selection will be
based on the boy's attendance record and his conduct
while attending the after-school program. Each Pack
will meet once-a-week for 45 minutes. The Pack
Leaders are Mr. Greg Kirkwood at Pine Grove, Mr.
Gomez Cambridge at the Community Center, and Mr.
George Smith at Pompey Park. Parents of the boys
selected will be notified by mail. Pack meetings are
scheduled to be held on Wednesdays at 3:45PM
beginning January 9. Please contact Tonya Smith if
you have any questions regarding the Cub Scout
program. Additional information regarding the various
Cub Scout events and activities will also be forwarded
to participants' parents.
Remember to visit us at www. dbpr. com or our 24/7 Leisure Line at 243-PARI (7274)
1
COMMUNITY CENTER NEWSBITS:
Winning Essays at the
Community Center:
Essay #1 by Anthony Davis
What does it mean to be an
American? It means freedom to
me. I am happy that I was born in
America and not in another country because they don't have
the rights like us. The second reason I am happy to be an
American is that we have a lot of sports and other countries
don't. Other people are dying to come to America because we
have freedom and this is a free country. In conclusion - I am
happy that ! am an American because we vote for a president
not for a king. Americans are white and black. To become an
American citizen you have to sign a paper and you will have to
wait for a couple of years. That's how you become an
American.
Essay #2 by Jim Loseille
An American is a person
who always has freedom.
Corey is an American
because he was born in
America. Americans can
make lots of money.
America is the only place
that has more businesses than
all the other places on earth.
Baseball is the American sport because it was played in
America. Babe Ruth was an American baseball player. He
made lots of home runs to lead his team. An American can be
black, brown, or white. That is what it means to be an
American.
POMPEY PARK NEWSBITS
Winning Essays at Pompey
Park:
Essay #I by Jacobi L. Demps
What it means to be an ~,.~J~
American to me is that we don't '~ ~
have to suffer from hungryness.
We don't have to be slaves and
we have the freedom of
choice. People like Fredrick Douglas, Harriet Tubman, and Nay
Turner made sure that slavery was not extended. We can't die
or suffer from hungryness like others. A lot of poor people in
Etbeopia don't have as much as us Americans. Also we have
a freedom of choice. We are allowed to choose from two or
more things. We are lucky that we can have a well built house
and a car to ride in. America is one of the richest countries.
**********************
Essay #3 by Lensa Jeudy:
What it means to be an American
is that you have almost all
freedom. I'm going to tell you
why it is important, it means
that you have a greater
protection, you have more
freedom, and you have a great education than all the other
countries. We have laws in America that protect Americans.
One of the best ways that we are protected is having the
Constitution that protects all Americans. Some of the
freedoms that we have are freedom of speech, freedom of
religion, means we can say what we want, and worship as we
please. I'm so proud especially at this time because we ca not
only say that we are proud we can show that we are proud by
displaying the American flag as we are doing all over America
today. We are happy that we have education. Some countries
don't have this great education. So don't say that you don't
like school because that's not true. Because we have the best.
So now you know what it means to be an American of the US.
So be one because we are number one. The world is made up
in different backgrounds.. So be happy.
Happy birthdays this month at the Community
Center:
Ronald Roundtree
Aaron Jones
Yonaton Aguirre Yo
Shakarla Roundtree
Kendall Peakes
12/9
12/16
12/19
12/23
Essay #2 by Shamari A. Patrick
Being an American means we
should love all fellow
americans whether they are
blck, white, or mix. It also
means not hate. The stuff that
happened in New York turned
many Americans around.
Some people who were happy
are now sad. Many Americans
are scared now because it could have happened anywhere,
even here. It also means red, whiote and blue. Those are the
colors that represent every single american. This is what those
colors mean, red stands tbr love, white stands for freedom,
blue stands for peace. I also think it means justice. Only one
out ten Americans do the right that is not disrespect, any
Americans especially our elders. It means to be free. Do the
things you do best. Never, ever try to impress anybody. That
is what it means to be an American to me. I'm very proud to
be an American.
· Happy birthdays this month at Pompey Park:
Dyquira Mitchell 12/2
Delva Lovensky 12/2
Kiesha Odom 12/3
Jarred Johnson ! 2/5
Trevor St Martinpe 12/9
Devon Jenkins 12/12
Tatyona Evans ! 2/12
Jemar Braswell 12/14
Jamar Braswell 12/14
Kenisha Brown l 2/24
Chandeline Jeanniton 12/29
Essay #3 by $1yvester Louis
I feel proud to be an American l
will stand up for my country and
go to war ill have to fight for my
country. I am proud to be an
American because USA have
peace and freedom on earth.
like America because they have
my favorite sports which is
football and baseball and the other favorite thing is gator ball.
It also means trying to save our State by fighting the other bad
people, and loving others that give you joy.
PINE GROVE ELEMENTARY SCHOOL NEWSBITS:
Essay #3 by Jessica Beauford
Winning essays at Pine Grove:
Essay itl by Lashundra Beauchamp
(Photo unavailable )
If you are an American you have lots of freedom and you have
the power to vote for your own President. You also are
allowed to go into stores and sometimes even speak what you
feel. You can go to school if you want without paying.
"That's why l'm glad to be an American."
Essay #2 by Vincent Thompson
What it means to be an
American is that you can vote
for who you like. And what
else is you have any kinds of
Florida walters. And what
else I like is you can always
be who you want to when
you grow up. I can't wait till
I grow and I am glad that they all stop fighting. Well that's not
all t know but I am going to tell you more about my essay
contest called "What it Means to be an American" I'm back to
what I was talking about what is good. Still you get to sit
anywhere on the bus, and you get to say what you will listen to
unless it's bad,
Happy birthdays this month at Pine Grove:
Quinson Harris 12/2
Montrel Wright 12/16
Sha Quonda Bridges 12/18
Serghy Lubin 12/20
Fritz Narcisse 12/25
Travon Campbell 12/28
What it means to be an American. Well lets see what it means
to be an American. Sit back and let me tell you what it means
to be an American. Way back in
4, the days we had wars and people
from other countries attacking
~-.. ,, America. Why? Because they don't
have what we have. We have the
most money, lots of food. We have
~ malls and anything we want we can
but it. How did we get freedom?
Well let me tell you how we got
freedom. We got freedom from
Martin Luther King. He fought for
our freedom so we won't be slaves, and we can live the lives
just like the white people. He gave us freedom to live, not to
be whipped and killed. One day he made this speech "I had a
Dream" that we all can do what we want to, let freedom ring.
Because we ali have dreams and we can all read what we want,
books, signs, anything we want. Then one day Martin Luther
King died, he got shot, but no matter we all have freedom to
do what we want when we want. Up to then it was fine. Let
me tell you. We got an attack from osama Bin Laden. They
tried to find a building where there were lots of people and
they killed millions of people. One day we attacked them back
so now we are warring to see who won. How are we doing
since the attack? We are doing fine since the war is still going.
Much is like getting our mines offtho,war and we are going on
with our lives and not just doing nothing. So we love America.
Thank you God for what you did for us, the USA.
HELP WANTED STAFFING: Part-
time positions 2PM - 6PM Mon thru Fri
Contact a site supervisor for further
information.
Recreation Leader II: $9,91 per hour
Recreation Leader III: $10.61 per hour
Recreation Supervisor II: $13.05 per hour
COMING EVENTS FROM PAGE 1:
SANTA'S CALLING:
Do you want Santa, Mrs. Claus, or an elf' to make your child's
holiday one to remember? From December 17t~ thru the 19~, Santa
and his helpers will be calling directly from the North Pole to
surprise your children. Just pick-up and complete a Santa's Calling
form available at all sites and be sure to return it to the Community
Center by December 14. Calls will be placed to your children
between 6PM and 8PM on the above dates. Please contact Danielle
Gallo at 243-7277 if you have any questions.
REMINDER!!!
Kid's Day at THE tree will be held on Saturday, December 8, at
10AM, and the annual holiday parade will be held later at 6PM on
the same day. A great day for everyone.
HOLIDAY TOY PARTY:
All the children in the at,er-school program will be greeted by Santa
and given a bag of toys at this year's annual Holiday Toy party to be
held at Pompey Park on Friday, December 21, beginning at 3PM.
This annual event is sponsored by the Delray Citizens for Defray
Police and made possible through the unselfish efforts of many
Defray residents, businessmen, and organizations.
DECEMBER 2001 CALENDAR:
SUN MON TUES WED THUR FRI SAT
~2 3 4 5 6 7 8 Kid's Day
City Corem CSC Provider at the Tree
6PM Meeting ! 0am
9AM
Holiday
Parade 6PM
9 10 11 12 13 14 15
6 17 18 19 20 21 22
City Comm Holiday
6PM Staff Training Toys
Santa's Santa's Santa's 6PM Pompey
Calling 6PM Calling 6PM Calling 6PM Park 3PM~
23 24 25 26 27 28 29
ALL-DAY Christmas ALL-DAY ALL-DAY ALL-DAY
CAMP Day CAMP CAMP CAMP
7'30AM - NO CAMP 7'.30AM - 7:30AM - 7:30AM -
5:30PM 5'.30PM 5:30PM 5'.30PM
30 31 JAN 1 2 3 4 5
ALL-DAY New Years ALL-DAY ALL-DAY ALL-DAY
CAMP Day CAMP CAMP CAMP
7'30AM - NO CAMP 7:30AM - 7:30AM - 7:30AM -
5'30PM 5'.30PM 5'30PM 5'.30PM
4
DELRAY BEACH
"Essay Contest Winners"
Community Center> Coloring:
Drawing:
1st Alkyshia McDonald ..... 1st Grade
2"d Marsha Jean-Baptiste--- 1st Grade
3rd JaTanga Rowell .......... 2"a Grade
None
Essay:
1st Anthony Davis
2"a Lensa Jeudy
3rd Jim Loseielle
Pine Grove>
Coloring:
1~t Guervely Cajuste
2nd Shama Exantus
Drawing:
1~t Nadiyah Braxton
2"a Marquis Huggins
3ra Diamond Gardner
Essay:
l"t Lashundra Beauchamp
2nd Tyrell Jones
3rd Jessica Beauford
Pompey Park>
Coloring:
1st Kristin Johnson
2~a Bria Askins
3rd Lovensky Delva
Drawing:
Marc StLouis
Jared Johnson
Donta Medina
Tatyona Evans
Shakira Robinson
Rashaud McKennon
Essay:
Sylvester Louis
Jacobi L Demps
Shamari Patrick
Date: Dec. 5, 2001 AGENDA ITEM NUMBER:
AGENDA REQUEST
Department Head
Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: ~/No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
EXHIBIT A
Request to be placed on:
... Consent Agenda x Regular Agenda Workshop Agenda Special Agenda
When: Dec. 11, 2001
Description o£Agenda Item (who, what, where, how much): Presentation of
After School Newsletter. to City Commission with prize-winning essays and pictures
of winners of "What It Means To Be An American" contest.
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Mich,gan Avenue, Sure 800. Chicago. fihnois 80601
312/977-9700 · Fax: 312/977-4806
October 09, 2001
RECEIVED
OCT I 2 200!
CITY MANAGER
Mr. David T. Harden
City Manager
City of Delray Beach
100 N.W. lst Avenue
Delray Beach, Florida
33444
Dear Mr. Harden:
We are pleased to notify you that your comprehensive annual finan-
cial report for the fiscal year ended September 30, 2000 qualifies
for a Certificate of Achievement for Excellence in Financial
Reporting. The Certificate of Achievement is the highest form of
recognition in governmental accounting and financial reporting,
and its attainment represents a significant accomplishment by a
government and its management.
The Certificate of Achievement plaque will be shipped to:
Mr. Joseph M. Safford
Director of Finance
under separate cover in about eight weeks. We hope that you will
arrange for a formal presentation of the Certificate and Award of
Financial Reporting Achievement, and that appropriate publicity
will be given to this notable achievement. To assist with this,
enclosed are a sample news release and the Certificate Program
"Results" for reports with fiscal years ended during 1999 repre-
senting the most recent statistics available.
We hope that your example will encourage other government offi-
cials in their efforts to achieve and maintain an appropriate
standard of excellence in financial reporting.
Sincerely,
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Stephen J. Gau~hier
Director/Technical Services Center
SJG/ds
WASHINGTON OFFICE
1750 K Street, N.W., Suite 650, Washington. DC 20006
202/429-2750 · Fax. 202/429-2755
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY M A,.~~0,- lNG Ar~ON·
PAUL DORLING, DIRECTOR OF PLANN NING
MICHELLE E. HOYLAND, SENIOR PLANNERL~~ ~~.~
MEETING OF DECEMBER 11, 2001.
APPROVAL OF A LANDSCAPE AGREEMENT TO INSTALL THE REQUIRED
LANDSCAPE STRIP ALONG FEDERAL HIGHWAY UPON THE WIDENING OF FEDERAL
HIGHWAY ASSOCIATED WITH RALPH ISUZU/DAEWOO DEALERSHIP.
The action requested of the City Commission is that of approval of a landscape agreement to allow Ralph
Isuzu/Daewoo Dealership to defer installation of the required 25' landscape strip along Federal Highway
until widening of Federal Highway.
The request is associated with a major site plan modification for Ralph Isuzu/Daewoo Dealership. The
subject property is located at the northeast corner of South Federal Highway, and Fladell's Way (Avenue F)
(2501 South Federal Highway).
The development proposal involves the expansion of an existing car dealership. The existing display
spaces along Federal Highway abut an 8'6" to 20' perimeter landscape strip and a 25' buffer is required.
This is an existing non-conforming situation. Similarly non-conforming auto dealerships along this corridor
have entered into agreements with the City agreeing to provide the required landscape buffer upon the
widening of Federal Highway. The basis for allowing the 8'6" - 20' buffers to remain is that there is an
existing swale/sodded area, approximately 17' to 28' wide, between the roadway and the private property
line, thus providing in excess of the 25' buffer. Therefore, the intent of the 25' buffer is met. If Federal
Highway is widened, however, that swale area would be eliminated or reduced. Thus, the applicant is
requesting deferral of the installation of between 5' and 16'6" of additional landscape buffer, until such time
as the road is widened and the existing swale area is eliminated.
At its meeting of January 17, 2001, the SPRAB (Site Plan Review and Appearance Board) approved a
major site plan modification for Ralph Isuzu/Daewoo Dealership. A condition of approval was that the
property owner enter into an agreement with the City stating that the required 25' landscape strip along
Federal Highway will be installed upon widening of Federal Highway.
On November 14, 2001, a landscape agreement was submitted which states that upon widening of Federal
Highway the required 25' landscape strip will be installed. The City Attorney's office has completed a
review of this document and found it to be sufficient.
By motion, approve the landscape agreement to allow Ralph Isuzu/Daewoo to defer installation of the
required 25' landscape strip along Federal Highway until widening of Federal Highway.
Attachments: Landscape Agreement
PREPARED BY: RETURN TO:
R. Brian Shutt, Esq.
Assistant City Attorney
200 N.W. Ist Avenue
Delray Beach, FL 33444
AGREEMENT PERTAINING TO PERIMETER LANDSCAPE STRIP
THIS AGREEMENT is entered into this I~ day of ~I6~t¥~('. , 2001,
between RALPH BUICK, INC., hereinafter referred to as "Owner" and the CITY OF
DELRAY BEACH, FLORIDA, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, the Owner applied to the City for site plan modification approval (the "Site
Plan"); and
WHEREAS, the City approved the Site Plan modifications subject to certain conditions;
and
WHEREAS, Owner agrees one of the conditions of approval of the Site Plan required
the Owner to enter imo an agreement with the City whereby the Owner agrees that when
Federal Highway is widened, the Owner will provide the required 25-foot perimeter landscape
strip adjacent to the expanded Federal Highway within sixty (60) days of the City's request.
NOW, THEREFORE, for One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is recognized fi.om each party to the other, the
parties hereby agree as follows:
reference.
2.
The above whereas clauses are tree and correct and are incorporated herein by
The agreement pertains to the property owned by Owner which is described in
Exhibit "A" attached hereto and incorporated herein.
3. The Owner hereby agrees that at such time as the Federal Highway widening is
completed in front of Owner's property, Owner will provide the required perimeter twenty-five
(25) foot landscape strip (if still required by City ordinances in effect at that time) adjacent to the
expanded Federal Highway per the modified Site Plan (Exhibit "B") within sixty (60) days of
being requested to do so.
4. Any notice correspondence relating to this agreement should be sent via first
class mail to the following:
As to Owner:
As to City:
Donald Ralph
Ralph Buick, Inc.
2501 South Federal Highway
Delray Beach, FL 33483
City of Delray Beach
c/o City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
This Agreement shall be recorded in the Public Records of Palm Beach County,
Florida, and be binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
RALPH BUICK, INC.
indicated above.
Title:
2
Print Name:
STATE OF FLORIDA
The foregoing instrument
~ , 2001, by
title of officer or
acknowledging), a
of the corporation.
was acknowledged before me this t,q day of
~x3i.~fv~ ~_. ~lv}.~ (name of officer or agent,
agent) of ~dP~ ~~ (n~e of co~oration
~~ (s~o~oration) co~oraion, on behalf
He/She is to me or h~ produced
~onally ~
~ identification. .. -~~ ,. ~ _ ~,_ ..............~, ,~
a, aES:Ju 5, ,
~ ( Sign~mr~ of~ot~y Publ~::r~ :~ - r-~'L~
' ~lorida
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
City Clerk
By:
David W. Schmidt, Mayor
Approved as to Form:
City Attomey
3
NOISN¥cIX~ IJ/~iO01-1MOH $
OOM~Va nzn~l Hd-]VU
I!1
l~..~~,
i i
j[ ii
! I ~ ,III
lil: ~hl :IL] :
NOISN¥clX~:1
CITY OF OELRrlY BEI:II:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line' 561/243-7091
1993
DATE:
December 4, 2001
MEMORANDUM
TO:
FROM:
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed for the Storetech Project
The following easement deed grants to the City the means to maintain a water main
extension that was a requirement of the site plan approval. The project is located in the
th
Delray Park of Commerce adjacent to N.W. 17 Avenue.
Our office requests that this item be placed on the December 11, 2001 City Commission
agenda for acceptance.
Please call if you have any questions.
Attachment
CC:
Barbara Gadto, Acting City Clerk
Barron Caronite, Asst. City Engineer
R. Brian Shutt, Esq.
City Attorney's ~
200 N.W. ~st Ave~me
Delray Beach, Florida 33444
EASEMENT DEED
Tm,q INDENTURe, made this o~_tS~day of ~tovar~_j~:. , 200_t, by and between
~.~e,~---~:_ 1_-1-~ . , with a marling address of ~5oo to Kc~esC~r_c_t~..Ps;r~m-c~
party of the fa-st part, and the CITY OF DELRAY BEACH, with a mailing address ~>f 100 334~'7
N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach
County, State of FIorida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of public
utilities with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such utilities well under, across, through and upon, over, under or within the
following described property located in Palm Beach County, Florida, to-wit:
DESCR~TION
Concomitant and coextemive with this right is the further right in the party of the
second party, its successors and assigns, of ingress and egress over and on that portion of land
described above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and
reservations of record. That the party of the first part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the
first part also agrees to erect no building or effect any other kind of construction or
improvements upon the above-described property.
It is understood that upon completion of such conswaction, all lands disturbed thereby
as a result of such construction performed thereon, will be restored to its original or like
condition without expense to the property owner.
Party' ~f the £u~t part does hereby fully war~ant the title to said land and will defend the
same against the lawful claims of all persons whomsoever cla~med by, through or under it, that
it has good right and lawful authority to grant the above-described easement and that the same
is unencumberod except as provided above. Wher~ the context of this Easement Deed allows
or permits, the same shall include the successors or assigns of the parties.
IN XVITI~.SS WHEREOF, the parties to this Easement Deed set their hands and seals
the day ~nd year first above written.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~.Lz3' day of
~x/~-s, , 200.1 by .C~_~c C~e~ese, .. (name of officer or agent),
of Q,,~*~,-~;_ ( 7F';~ (name of corporation), a ~..~c~.~ (State or place
of incorporation) corporation, on behalf of the corporation. He/She is personally Ic~ow~ to me
zr ,h~ ~ .... ~ rolm=. (D~,,, ,,f: .......... as identification and
(SEAL)
2
EXHIBIT "A"
405 S E 6th AVENUE (SOUTH FEDERdL H~GHWi~Y]
· , DE£'.RdY BE&CH, FLORID/t 534~
(SB! ) 265-1910
STORETECH
DESCRIPTION: UTILITY EASEMENT
A parce~ of land lying tn Tract G-l, A~L^NTIC CENTER, according
tO the Plat thereof as recorded {n Plat Book 83, Pages B8 and 89,
Public ~e~ords of Palm Beach Counts, Florida, being more
particularly described as follows:
An easement 12 feet in width lying 6 feet on each side of the
following described centerline. The sides of said easement sha[I
'be lengthened or shortened as necessar7 in order to maintain a '
conttn'uous strip of land I2 feet tn width and to intersect at
angle points.
Commencing at the Northwest corner of said Tract G-l, thence
$ 18o25'13" W, along the West line of said Tract G-l, a distance
qf 8.86 feet to the Point of Beginning; thence S 72°05'21'' E, a
distance of 6.58 feet; thence S 88°15'3~'' E, a distance of
26.81 feet; thence S 84P37'61" E, a distance of 212.22 feet;
thence $ 61o61"21'. E, a distance of 60.30 feet; thence
S 20°20'10'' E, a distance of 5.56 feet; thence $ 19037'03" W,
a distance of 69.88 feet to a Point here&nd&fief known as
Point "A:; thence S 19019'43'' W, a distance of 19.82 feet to a
Point h~reandafter known as Point "B"; thence S 18°23'65'' ~, a
distance of 77.66 feet; thence $ 63°33'O9'' W, a distance of
31.63 f~et; thence N 71036'33'' W, a distance of 212.37 feet;
" thence N 66010'46" W, a distance of 33.82 feet to a Point
here&nd&fief known as Point "C"; thence N ?&°30'01" W, a
distanc~ of 5.87 feet to a point on ~he West line of said
T~act G-l, said Point also being the Point of Terminus.
TOGETHER WITH:
Beginning at the aforementioned Point "A", thence N 71°3a'47'' W,
a distance of 35.00 feet to a Point of Terminus:
TOGETHER WIT~:
Beginning at the aforementioned Point "B", thence S 69038'65,.
a distance of 14.O0 feet tb a' Point of Terminus:
TOGETHER WITM:
Beginning at the aforementioned Point "C", thence S 25°06'$6'' W, a
dis%&ncc of 9.37 feet to a Point of Terminus.
Said lands situate, lyin§ and being in Palm Beach County, Florida.
SHEET 2 OF 2
Th~s ske ~h ~ t~ Dro~erty of BRUCE CdRTER 8 ~SSOCI~T~$, /NC ond ShOII ~t ~ rel~ro~ced ,nwhOle or pO't w~h~t ~m,ss,on of ~ o~ove n wr, t in9
UPDATES ond/or REVIS ION$ ~TE ~Y CK'D NOTE The ur,derst~,*ed ~nd ~.qUCE
mok e no re~ntOfion Or ~uoront ees os to ~e m~rmot~n reft'fed
....... hereon ~er~n~ ~ eOseme~s,r~-of- ~y, set b~ck hne~,re~rv~ions.
o~re~'nemf somd o~er itmtlor
not ~ended to reflect or set f~t~Gl! suchmoff~s S~h ~m~i~
~orch
........................... NO T~ ~ o,ds sho~w hereon w~re not O~trocted for r~qbts-oi.
ond/or eosements ~ record
JOB NO IDRnW~ ~Y ICHECKED gY I FB PG IFILE NO
405 S E 6th 4VENUE (SOUTH FEDE~4L HIGHW4Y)
'. DELt=4Y BE4CH, FLORID4 334~:~
(561 ] 265-1910
S£~TC~ & LEGAL
STORETECH UTILITY EASEHENT
~OV. 23, 2001
P O.C Denotes Point of Commecement
P.O.B. Denote~ Point of Beginning
P.O.T. O'enotes Point of Terminus REGISTERED LA~D
ESHT. Denotes Easement SURVEYOR NO. 2963
P.B. Denotes Plat Book SHEET I OF 2 STATE OF FLORIDA
rh~ sac fch ~ f~proeerty of BRUCE CARTER ~ ASSOCIATES, lNG end sholl ~t ~ re.educed m~ or ~t ~t
moke no re~e~Otron or quoronfees Os fo ~e m~rmotion ref~ed
............. hereon Oer~nq ~ eOseme~s,r~hts-of ~y~ set ~c~ hnes~re~v~io~,
not intended to reflect or set f~t~ oll ~uch matf~s S~h ~moti~
............... should ~e ~Mmed and c¢fir~
~orch
-~ - NOT[ E ends eho~ hereon were ~of obsfroc~ed for r~qhfs-of-wOy
.. end/or eosements ~ record
SI.'
LAKE
ENVIRONMENTAL SERVICES DEPARTMENT ELRAY
IDA ROAD
I:ITY OF DELRFlY BEIII:H
CITY ATTORNEY'S OFFICE
1993
POLICE LEGAL ADVISOR
300 W ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7823 · FACSIMILE 561/243-7815
POLICE LEGAL ADVISOR
MEMORANDUM
To:
From:
Date:
City Commission
Catherine M. Kozol,///
Police Legal Advisor(~/~
December 5, 2001
Re: Agreements
Enclosed please find three separate Agreements for Funding and
Acceptance of Funds between the City of Delray Beach and MAD DADS, CLASS
and Roots Cultural Festival, Inc for the fiscal year 2001-2002 (October 1,2001
through September 30, 2002).
Weed and Seed in Delray Beach was established to serve as an
additional resource to existing programs and services and assist with facilitating
partnerships and resource development.
The grant funds received from the U.S. Department of Justice, Executive
Office for Weed and Seed were received to support initiative such as those
developed by community based organizations which include MAD DADS, CLASS
and the Roots Cultural Festival. The allocation of these funds is an eligible use
of these grant funds and approved under the Weed and Seed grant. The funds
are specifically allocated for the following:
1. MAD DADS for operational support services, to support the Urban
Dance Troupe (formerly the Drill Team) and Enhance the Street Patrol Program;
2. CLASS for tutorial staff support and program services (field trips);
3. ROOTS Cultural Festival to fund ¼ of the cost for the musical
instruments for the Community Band.
Page Two
December 5, 2001
Weed and Seed is pleased that they can provide this level of support to
these grassroots initiatives because often time programs like these that address
a great need, fail due to the lack of financial support. The purpose of Weed and
Seed funding is to ensure this doesn't happen in the high risk communities they
serve.
CMK/ath
Encs.
cc with encs.:
Angela Wong, Deputy City Clerk
Barbara Garito, City Clerk
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
CHII.DREN LEARNING AFTER SCHOOL SESSIONS, INC. (CLASS)
FY2001-2002 (October 1, 2001 - September $0, 2002)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement")
entered into this day of) ., 2001, between the City of Delray
Beach, hereinafter referred to as "City" and the Children Learning After School Sessions, Inc.,
(CLASS) hereinafter referred to as "Agency", having its principal office located at,241 NW 9~'
Avenue, Dekay Beach, Florida, is related to the provision, as per the budget approval by the City
Commission on September 19, 2001 and retroactively effective October 1.2001 throu~ September
30, 2002, of $20,500 in Department of Justice, Executive Office for Weed and Seed (DOJ/EOWS)
funds upon the following terms and conditions:
The awarded EOWS funds are allocated as follows:
a. $20,500 for tutorial staff support and program services
Definitions:
a. "City" means the City of Delray Beach, Florida
b. "DOJ" means U. S. Department of Justice
c. "EOWS" means Executive Office for Weed and Seed
d. "W&S" means Weed and Seed
e. "The Agency" means CLASS, Inc.
2. Purpose/Statement of Work:
The purpose of this agreement is to state the covenants and conditions under which the
Agency will implement the agreed upon scope of work supported by the allocation of federal
DOJ/EOWS funds. The beneficiaries of a project funded under this agreement must provide
services within the federally designated W&S target area, which has its boundaries, 1-95 to the West,
Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South.
The Agency shaH, in a satisfactory and proper manner as determined by the City, perform
the tasks necessary to conduct the program outhned in this agreement and submit monthly requests
for reimbursement of approved expenses under the cover sheet in Attachment "A", provided hereto
and made a part hereof. Reimbursement requests should accompany aH required monthly reports.
The City agrees to disburse payments upon the receipt of each required "request for
reimbursement", and receipt of aH monthly reports and necessary data (as determined by the City),
covering the month for which reimbursement is requested. Disbursements will be available no later
than the first working day of each month, retroactive to October 1, 2001 and continuing through
September 30, 2002.
All services shah be performed in a manner satisfactory to the City. The funding shah not
exceed the Commission approved dollar amount of $20,500 for the period of October 1, 2001
through September 30, 2002. All release of funds shah further be in accordance with aH sections of
this agreement and subject to the approval of the Community Justice Executive Director.
3. Time of Performance
The effective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shah be the
date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS,
whichever is later. The services of the Agency shall commence upon the effective date of this
Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2001
will be processed. All service required hereunder shall be completed by Agency by September 30,
2002.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shall be subject to each provision of this agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Community
Justice Executive Director.
$. Records and Reports:
The Agency agrees to provide the City monthly programmatic progress reports that outlines
the CLASS, Inc. activities which outlines program activities, progress made, participants enrolled
and the number served must be presented/submitted to the Community Justice Executive Director
within 1S days following the end of each calendar month covered by this agreement.
Reimbursement payments will not be released without the submission of the required monthly
(completed and accurate) report to the Community Justice Initiative, and on the resolution of
monitoring or audit findings identified.
The City shall have the right under this agreement to suspend or terminate payments until
the Agency complies with any additional conditions that may be imposed by the City or
DOJ/EOWS.
The Agency agrees to retain supporting documentation relating to the activities funded
hereunder and related service provisions (activities) for a period of three (3) years, dating from
October 1, 2001.
6. Program-Generated Income:
All income earned by Agency from activities financed by DOJ/EOWS funds must
be reported to the City. In addition to reporting such income, the Agency shall report to the City the
procedure developed to utilize program income to offset project costs. If program income is used to
extend the availability of se~ices provided by Agency through this agreement, the prior written
approval of the Community Justice Executive Director will be required. Accounting and
disbursement of program income shah be consistent with the procedures outlined in OMB Circular
A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights / Resident Opportunities):
The Agency agrees that no person shall on the grounds of race, color, mental or physical
disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to
discrimination under, any activity carried out by the performance of this Agreement. Upon receipt
of evidence of such discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, low-income residents of the project areas shah be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project target area shall be
awarded contracts in connection with the project.
8. Evaluation and Monitoring
The Agency agrees that the City will carry out periodic monitoring and evaluation activities
(through in-house and site visitation evaluations) as determined necessary by the Community Justice
Initiative or the City and that the continuation of this agreement is dependent upon satisfactory
evaluation conclusions based on the terms of this agreement and comparisons of planned versus
actual progress relating to project scheduling, budgets, audit reports, and output measures. The
Agency agrees to furnish upon request to the Community Justice Initiative, the City, and/or
DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by
the City. The Agency shah submit (on a monthly basis) and at other times upon the request of the
City, information and status reports required by the Community Justice Initiative, the City, and/or
DOJ/EOWS on forms approved by Community Justice Initiative to enable the evaluation of said
progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow
the Community Justice Initiative or DOJ/EOWS to monitor the Agency on site (at least annually).
Such visits may be scheduled in advance or unscheduled as determined by the Community Justice
Initiative and DOJ/EOWS.
9. Audits and In,~pections:
At any time during normal business hours and as often as the Community Justice Initiative,
the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there
shall be made available by the Agency to the Community Justice Initiative, the City, DOJ/EOWS
or the Comptroller General for examination aH its records with respect to all matters covered by this
agreement.
The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this agreement. The City will require the Agency to submit a single audit,
including any management letter, made in accordance with the general program requirements of
OMB Circulars A-110, A-122, A-133, and other applicable regulations with 180 days after the end of
any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A
Certified Public Accountant of the Agency choosing, subject to the City's approval shall make the
audit. In the event the Agency is exempt from having an audit conducted under A-133, the City
reserves the right to require submission of audited financial statements and/or to conduct a "limited
scope audit" of Agency as defined by A-133.
10. Increased Availability:
The intent and purpose of this agreement is to increase the availability of the Agency
services to the community. This agreement is not to substitute for or replace existing or planned
projects or activities of the Agency. The Agency agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar to those being assisted under this agreement,
which is not less than that level existing prior to this agreement.
11. Conflict of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to
conflict of interest. The Agency further covenants that no person who presently exercises any
functions or responsibilities in connection with the fimded projects, has any personal financial
interest, direct or indirect, in the activities provided under this agreement which would conflict in
any manner or degree with the performance of this agreement and that no person having any
conflict of interest shah be employed by or subcontracted by the Agency. Any possible conflict of
interest on the part of the Agency or its employees shah be disclosed in writing to the Community
Justice Initiative provided, however, that this paragraph shah be interpreted in such a manner so as
not to unreasonably impede the statutory requirements that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
12. Citizen Participation:
The Agency shall cooperate with the Community Justice Initiative in establishing a citizen
participation process to keep residents and/or clients informed of the activities the Agency is
undertaking in carrying out the provision of the agreement. Appropriate representatives of the
Agency shall attend meetings and assist in the development of the process, as requested by the City.
13. Suspension and Te,mlnation:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with
24CFR 85.43) in a timely or proper manner its obligations under this agreement, or if the Agency
shah violate any of the covenants, agreements, or stipulations of this agreement, the City shall
thereupon have the right to terminate this agreement or suspend payment in whole or part by giving
written notice to the Agency of such termination or suspension of payment and specify the effective
date of termination or suspension.
At any time during the term of this agreement, either party may, at its option and for any
reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon
termination, the City shall pay the Agency for services rendered pursuant to this agreement through
and including the date of termination. The agreement may be terminated for convenience in
accordance with 24CF.
In the event the grant to the City under Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U. S. C. 3701, et. seq., as amended is suspended or terminated, this
agreement shah be suspended or terminated effective on the date U. S. DOJ specifies.
14. Leveraging:
The Agency agrees to seek additional supportive or replacement funding from at least two
other funding sources (during the time frame covered by this agreement). This will allow, to the
greatest extent possible, the leveraging ofU. S. DOJ funds. Proposals to other agencies will be made
in writing and a copy of such provided to the Community Justice Initiative.
15. Independent Contractor:
The Agency agrees that, in all matters relating to this agreement, it will be acting as an
independent contractor and that its employees are not City of Delray Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. Hold Harmless and Indemnification Clause
The "Agency" hereby agrees to promises to indemnify and hold harmless the "City" and its
officers, agents, servants, or employees from and against any and aH liability, claims, demands,
damages, expenses (including attorney's fees), fees, costs, fmcs, penalties, suits, proceedings, actions
and causes of action of any kind and nature arising from, or in any way connected with, the giving
of said funds.
17. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the Agency
certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder
have not been placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a)
requires this notice.
4
18. Reversion of Assets:
Upon expiration of this agreement, the sub-recipient shah transfer to the City any W&S
funds on hand at the time of expiration and any accounts receivable attributable to the use of W&S
funds. Additionally, where applicable, any real property under the sub-recipient's control that was
acquired or improved in whole or in part with W&S funds in excess of $25,000 must be used to meet
one of the national objectives of the W&S Initiative (per 24CFR Part 570) until five years after
expiration of the agreement.
19. Counterparts of the Agreement:
This agreement contains all of the parties binding representation to one another. Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Justice Initiative.
WITNESSES:
Agency/Sub-recipient:
Signed By:
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
Signed By:
David W. Schmidt, MAYOR
CITY CLERK
Attachment "A "
$8,830
$5,040
5)0,500
6
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN Tn~. CITY OF DELRAY BEACH
MAD DADS OF GREATER DELRAY BEACH
FT2001-2002 (October 1, 2001 - &'t~tember 30, 2002)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement")
entered into this day of) ., 2001, between the City of Delray
Beach, hereinafter referred to as "City" and MAD DADS of Greater Delray Beach, hereinafh.-.r
referred to as "Agency", having its principal office located at, 141 SW 12~ Avenue, Delray Beach,
Florida, is related to the provision, as per the budget approval by the City Commission on
September 19. 2001 and retroactively effective October 1. 2001 through September 30. 2002, of
$35:000 in Department of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon
the following terms and conditions:
TI~ awa~led EOWS fmuls are alloe~ed as foIl0ws:
a. $25,500 for operational support services for MAD DADS
b. $ 7,500 to purchase uniforms for the Urban Dance Troupe (formerly the Drill Team)
c. $ 2,000 to purchase Street Patrol uniforms and equipment
Def-mltim:
a. "City" means the City of Delray Beach, Florida
b. "DOJ" means U. S. Department of Justice
c. "EOWS" means Executive Office for Weed and Seed
d. "W&S" means Weed and Seed
e. "The Agency" means MAD DADS of Greater Delray Beach
2. Paxpos~/~~ of Work:
The purpose of this agreement is to state the covenants and conditions under which the
Agency will implement the agreed upon scope of work supported by the allocation of federal
DOJ/EOWS funds. The beneficiaries of a project funded under this agreement must provide
services within the federally designated W&S target area, which has its boundaries, 1-95 to the West,
Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South.
The Agency shall, in a satisfactory and proper manner as determined by the City, perform
the tasks necessary to conduct the program outlined in this agreement and submit monthly requests
for reimbursement of approved expenses under the cover sheet in Attachment "A", provided hereto
and made a part hereof. Reimbursement requests should accompany all required monthly reports.
The City agrees to disburse payments upon the receipt of each required "request for
reimbursement", and receipt of all monthly reports and necessary data (as determined by the City),
covering the month for which reimbursement is requested. Disbursements will be available no later
than the first working day of each month, retroactive to October 1, 2001 and continuing through
September 30, 2002.
All services shall be performed in a manner satisfactory to the City. The funding shall not
exceed the Commission approved dollar amount of $35,000 for the period of October 1, 2001
through September 30, 2002. All release of funds shall further be in accordance with all sections of
this agreement and subject to the approval of the Community Justice Executive Director.
3. Time of Performance
The effective date of thi.~ agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shall be the
date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS,
whichever is later. The services of the Agency shall commence upon the effective date of this
Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2001
will be processed. All service required hereunder shall be completed by Agency by September 30,
2002.
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shall be subject to each provision of this agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or services covered by t_hi.s agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Community
Justice Executive Director.
5. Records ~nd Rel~Zts:
The Agency agrees to provide the City monthly programmatic progress reports that outlines
the MAD DADS, including the Urban Dance Troupe and Street Patrol, program activities, progress
made, number of participants served, problems encountered and proposed solutions. These reports
must be submitted to the Community Justice Executive Director within 15 days following the end of
each calendar month covered by this agreement. Reimbursement payments will not be released
without the submission of the required monthly (completed and accurate) report to the Community
Justice Initiative, and on the resolution of monitoring or audit findings identified.
The City shall have the right under this agreement to suspend or terminate payments until
the Agency complies with any additional conditions that may be imposed by the City or
DOJ/EOWS.
The Agency agrees to rem_in supporting documentation relating to the activities funded
hereunder and related service provisions (activities) for a period of three (3) years, dating from
October 1, 2001.
6. Program-Generated Income:
All income earned by Agency from activities financed by DOJ/EOWS funds must
be reported to the City. In addition to reporting such income, the Agency shall report to the City the
procedure developed to utilize program income to offset project costs. If program income is used to
extend the availability of services provided by Agency through this agreement, the prior written
approval of the Community Justice Executive Director will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circular
A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requin~_~,~s_ (Civil Rights / Residem Olq~nunifies):
The Agency agrees that no person shall on the grounds of race, color, mental or physical
disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to
discrimination under, any activity carried out by the performance of this Agreement. Upon receipt
of evidence &such discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, Iow-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
2
concerns located in or owned in substantial part by persons residing in the project target area shall be
awarded contracts in connection with the project.
8. Evaluation a~d Monitoxing
The Agency agrees that the City will carry out periodic monitoring and evaluation activities
(through in-house and site visitation evaluations) as determined necessary by the Community Justice
Initiative or the City and that the continuation of this agreement is dependent upon satisfactory
evaluation conclusions based on the terms of this agreement and comparisons of planned versus
actual progress relating to project scheduling~ budgets, audit reports, and output measures. The
Agency agrees to furnish upon request to the Community Justice Initiative, the City, and/or
DOJ/EOWS copies oftranscriptious of such records and information as is determined necessary by
the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the
City, information and status reports required by the Community Justice Initiative, the City, and/or
DOJ/EOWS on forms approved by Community Justice Initiative to enable the evaluation of said
progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow
the Community Justice Initiative or DOJ/EOWS to monitor the Agency on site (at least annually).
Such visits may be scheduled in advance or unscheduled as determined by the Community Justice
Initiative and DOJ/EOWS.
9. Audits and InSlnetiom:
At any time during normal business hours and as ot~en as the Community Justice Initiative,
the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there
shall be made available by the Agency to the Community Justice Initiative, the City, DOJ/EOWS
or the Comptroller General for examination all its records with respect to all matters covered by this
agreement.
The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to thig agreement. The City will require the Agency to submit a single audit,
including any management letter, made in accordance with the general program requirements of
OMB Circulars A-110, A-122, A-133, and other applicable regulations with 180 days afl_er the end of
any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A
Certified Public Accountant of the Agency choosing, subject to the City's approval shall make the
audit. In the event the Agency is exempt from having an audit conducted under A-133, the City
reserves the right to require submission of audited financial statements and/or to conduct a "limited
scope audit" of Agency as defined by A-133.
10. Increased Availability:.
The intent and purpose ofth~ agreement is to increase the availability of the Agency
services to the community. This agreement is not to substitute for or replace existing or planned
projects or activities of the Agency. The Agency agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar to those being assisted under this agreement,
which is not less than that level existing prior to _this agreement.
11. Co~llct of Intetut l~rovi~io~:
The Agency agrees to abide by and ~ gov~ed ~ O~ Cff~ A-I 10 pmu~t to
conffi~ of ~t. ~e ~ ~ coven~ ~at no ~on who ~enfly exacts ~y
~n~ons or res~ns~fies ~ co~on ~ ~e ~nded ~oj~, h~ ~y ~on~ ~ci~
~es~ ~ or m me a~fi~ und~ ~ a~ment w~ch wo~d conffi~ ~
~y m~ or de~ M~ ~e ~o~ of ~ a~ment ~d ~at no ~on ha~g ~y
conffi~ of ~ sh~ ~ employed by or su~onff~d ~ ~c ~n~. ~y ~ssiblc conffi~ of
~est on ~e p~ of ~e ~cn~ or i~ cmploy~ sh~ ~ ~dosed ~ ~g to ~e Commu~
Justice Initiative provided, however, that this paragraph shall be interpreted in such a manner so as
not to unreasonably impede the statutory requirements that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
12. Citizen Pa~ticil~ion:
The Agency shall cooperate with the Community Justice Initiative in establishing a citizen
participation process to keep residents and/or clients informed of the activities the Agency is
undertaking in carrying out the provision of the agreement. Appropriate representatives of the
Agency shall attend meetings and assist in the development of the process, as requested by the City.
Suspension and Tramiaation:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with
24CFR 85.43) in a timely or proper manner its obligations under thi.~ agreement, or if the Agency
shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall
thereupon have the right to terminate this agreement or suspend payment in whole or part by giving
written notice to the Agency of such termination or s~sion of payment and specify the effective
date of termination or suspension.
At any time during the term of this agreement, either party may, at its option and for any
reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon
termination, the City shall pay the Agency for services rendered pursuant to thi.q agreement through
and including the date of termination. The agreement may be terminated for convenience in
accordance with 24CF.
In the event the grant to the City under Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U. S. C. 3701, et. seq., as amended is suspended or terminated, this
agreement shall be suspended or terminated effective on the date U. S. DOJ specifies.
14. Leveragia$:
The Agency agrees to seek additional supportive or replacement funding from at least two
other funding sources (during the time frame covered by this agreement). This will allow, to the
greatest extent possible, the leveraging of U. S. DOJ funds. Proposals to other agencies will be made
in writing and a copy of such provided to the Community Justice Initiative.
IS. Independent Contractor:.
The Agency agrees that, in all matters relating to this agreement, it will be acting as an
independent contractor and that its employees are not City of Delray Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. Hold Harmless and Indenmification Clause
The "Agency" hereby agrees to promises to indemnify and hold harmless the "City" and its
officers, agents, servants, or employees from and against any and all liability, claims, demands,
damages, expenses (including attorney's fees), fees, costs, fines, penalties, suits, proceedings, actions
and causes of action of any kind and nature arising from, or in any way connected with, the giving
of said funds.
17. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the Agency
certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder
have not been placed on the convicted vendor list maintained by the State of Florida Department of
4
Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a)
requires this notice.
18. Reversion of Assets:
Upon expiration of this agreement, the sub-recipient shall transfer to the City any W&S
funds on hand at the time of expiration and any accounts receivable attributable to the use of W&S
funds. Additionally, where applicable, any real property under the sub-recipient's control that was
acquired or improved in whole or in part with W&S funds in excess of $25,000 must be used to meet
one of the national objectives of the W&S Initiative ~ 24CFR Part 570) until five years after
expiration of the agreement.
19. Cmmteqmts oftlz Agmmmt:
This agreement contains all of the parties binding representation to one another. Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Justice Initiative.
WITNESSES:
Agency/Snb-redpient:
CITY OF DELRAY BEACH, FLORIDA
S/gned By:
David W. ,~hnddt, MAYOR
CITY CLERK
~-~l. CITY ATTORN~/
//
Attachment "A "
Budget Detail
MAD DADS Operational Expenses
· Personnel
o 25% of Administrative Assistant salary at $25,750
o 25% of Fica
o 25% of Worker's Compensation @.0118
o 25% of Health/Life/AD&D
· Communications
o Telephone
· Office Supphes
· Other Costs
o Insurance
o Equipment Rental/Maintenance
o Youth Activities (e.g., field trips, special events, etc.)
Urban Dance Troupe
Girls uniforms
Boys uniforms
Street Patrol
Uniforms
2-way radios
15 participants x $230/uniforms
15 participants x $270/uniforms
15 participants x $100/uniforms
10 radios x $50 each
Total
Total
Total
GRAND TOTAL
$6,438
493
76
825
$5,484
$2,110
$1,150
$ 854
$8,07O
$25,5O0
$3,450
$4,050
$7,500
$1,500
$ 500
$2,000
$35,000
6
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
ROOTS CULTURAL FESTIVAL, INC.
FY2001-2002 (October I, 2001 - September 30, 2002)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement")
entered into this day of) , 2001, between the City of Defray
Beach, hereinafter referred to as "City" and Roots Cultural Festival, Inc., hereinafter referred to as
"Agency", having its principal office located at, 400 West Atlantic Avenue, Suite 2B, Defray Beach,
Florida, is related to the provision, as per the budget approval by the City Commission on
September 19, 2001 and retroactively effective October 1. 2001 through September 30, 2002, of
$15,000 in Department of Justice, Executive Office for Weed and Seed (DOJ/EOWS) funds upon
the following terms and conditions:
The awarded EOWS funds are allocated as follows:
a. $15,000 to purchase music instruments for the Community Band
1. Definitions:
a. "City" means the City of Delray Beach, Florida
b. "DOJ" means U. S. Department of Justice
c. "EOWS" means Executive Office for Weed and Seed
d. "W&S" means Weed and Seed
e. "The Agency" means Roots Cultural Festival, Inc.
2. Purpose/Statement of Work:
The purpose of this agreement is to state the covenants and conditions under which the
Agency will implement the agreed upon scope of work supported by the allocation of federal
DOJ/EOWS funds. The beneficiaries of a project funded under this agreement must provide
services within the federally designated W&S target area, which has its boundaries, 1-95 to the West,
Swinton Avenue to the East, Lake Ida Road to the North and Linton Blvd to the South.
The Agency shaH, in a satisfactory and proper manner as determined by the City, perform
the tasks necessary to conduct the program outlined in this agreement and submit monthly requests
for reimbursement of approved expenses under the cover sheet in Attachment "A", provided hereto
and made a part hereof. Reimbursement requests should accompany all required monthly reports.
The City agrees to disburse payments upon the receipt of each required "request for
reimbursement", and receipt of aH monthly reports and necessary data (as determined by the City),
covering the month for which reimbursement is requested. Disbursements will be available no later
than the f~rst working day of each month, retroactive to October 1, 2001 and continuing through
September 30, 2002.
All services shah be performed in a manner satisfactory to the City. The funding shah not
exceed the Commission approved dollar amount of $15,000 for the period of October 1, 2001
through September 30, 2002. ,MI release of funds shall further be in accordance with all sections of
this agreement and subject to the approval of the Community Justice Executive Director.
3. Time of Performance
The effective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shah be the
date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS,
whichever is later. The services of the Agency shall commence upon the effective date of this
Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2001
will be processed. All service required hereunder shall be completed by Agency by September 30,
2002.
4. Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or
written agreement, and shall be subject to each provision of this agreement. Proper documentation
in accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of
the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the Community
Justice Executive Director.
5. Records and Relmrts:
The Agency agrees to provide the City monthly programmatic progress reports that outlines
the Roots Cultural Festival, Inc. particularly the community band, program activities, progress
made, number of events held, participants enrolled and the number served. These reports must be
submitted to the Community Justice Executive Director within 15 days following the end of each
calendar month covered by this agreement. Reimbursement payments will not be released without
the submission of the required monthly (completed and accurate) report to the Community Justice
Initiative, and on the resolution of monitoring or audit findings identified.
The City shall have the right under this agreement to suspend or terminate payments until
the Agency complies with any additional conditions that may be imposed by the City or
DOJ/EOWS.
The Agency agrees to retain supporting documentation relating to the activities funded
hereunder and related service provisions (activities) for a period of three (3) years, dating from
October 1, 2001.
6. Program-Generated Income:
All income earned by Agency from activities financed by DOJ/EOWS funds must
be reported to the City. In addition to reporting such income, the Agency shall report to the City the
procedure developed to utilize program income to offset project costs. If program income is used to
extend the availability of services provided by Agency through this agreement, the prior written
approval of the Community Justice Executive Director will be required. Accounting and
disbursement of program income shall be consistent with the procedures outlined in OMB Circular
A-110 and other applicable regulations incorporated herein by reference.
7. Other Program Requirements (Civil Rights / Resident Oppommities):
The Agency agrees that no person shall on the grounds of race, color, mental or physical
disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to
discrimination under, any activity carried out by the performance of this Agreement. Upon receipt
of evidence of such discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, low-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project target area shall be
awarded contracts in connection with the project.
2
8. Evaluation and Monitoring
The Agency agrees that the City will carry out periodic monitoring and evaluation activities
(through in-house and site visitation evaluations) as determined necessary by the Community Justice
Initiative or the City and that the continuation of this agreement is dependent upon satisfactory
evaluation conclusions based on the terms of this agreement and comparisons of planned versus
actual progress relating to project scheduling, budgets, audit reports, and output measures. The
Agency agrees to furnish upon request to the Community Justice Initiative, the City, and/or
DOJ/EOWS copies of transcriptions of such records and information as is determined necessary by
the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the
City, information and status reports required by the Community Justice Initiative, the City, and/or
DOJ/EOWS on forms approved by Community Justice Initiative to enable the evaluation of said
progress and to allow for completion of reports as required of the City by DOJ. Agency shall allow
the Community Justice Initiative or DOJ/EOWS to monitor the Agency on site (at least annually).
Such visits may be scheduled in advance or unscheduled as determined by the Community Justice
Initiative and DOJ/EOWS.
9. Audits and Inspections:
At any time during normal business hours and as often as the Community Justice Initiative,
the City, DOJ/EOWS, or the Comptroller General of the United States may deem necessary, there
shall be made available by the Agency to the Community Justice Initiative, the City, DOJ/EOWS
or the Comptroller General for examination all its records with respect to all matters covered by this
agreement.
The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as
amended, as it pertains to this agreement. The City will require the Agency to submit a single audit,
including any management letter, made in accordance with the general program requirements of
OMB Circulars A-110, A-122, A-133, and other applicable regulations with 180 days after the end of
any fiscal year covered by this agreement in which Federal Funds from all sources are expended. A
Certified Public Accountant of the Agency choosing, subject to the City's approval shall make the
audit. In the event the Agency is exempt from having an audit conducted under A-133, the City
reserves the right to require submission of audited financial statements and/or to conduct a "limited
scope audit" of Agency as defined by A-133.
10. Increased Availability:
The intent and purpose of this agreement is to increase the availability of the Agency
services to the community. This agreement is not to substitute for or replace existing or planned
projects or activities of the Agency. The Agency agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar to those being assisted under this agreement,
which is not less than that level existing prior to this agreement.
11. Conflict of Interest Provision:
The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to
conflict of interest. The Agency further covenants that no person who presently exercises any
functions or responsibilities in connection with the funded projects, has any personal £mancial
interest, direct or indirect, in the activities provided under thi~ agreement which would conflict in
any manner or degree with the performance of this agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of
interest on the part of the Agency or its employees shall be disclose~l in writing to the Community
Justice Initiative provided, however, that this paragraph shall be interpreted in such a manner so as
not to unreasonably impede the statutory requirements that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
12, Citizen Participation:
The Agency shall cooperate with the Community Justice Initiative in estabhshing a citizen
participation process to keep residents and/or clients informed of the activities the Agency is
undertaking in carrying out the provision of the agreement. Appropriate representatives of the
Agency shall attend meetings and assist in the development of the process, as requested by the City.
13. Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with
24CFR 85.43) in a timely or proper manner its obligations under this agreement, or if the Agency
shah violate any of the covenants, agreements, or stipulations of this agreement, the City shall
thereupon have the right to terminate this agreement or suspend payment in whole or part by giving
written notice to the Agency of such termination or suspension of payment and specify the effective
date of termination or suspension.
At any time during the term of this agreement, either party may, at its option and for any
reason, terminate this agreement upon ten (10) working days written notice to the other party. Upon
termination, the City shall pay the Agency for services rendered pursuant to this agreement through
and including the date of termination. The agreement may be terminated for convenience in
accordance with 24CF.
In the event the grant to the City under Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U. S. C. 3701, et. seq., as amended is suspended or terminated, this
agreement shall be suspended or terminated effective on the date U. S. DOJ specifies.
14. Leveraging:
The Agency agrees to seek additional supportive or replacement funding from at least two
other funding sources (during the time frame covered by this agreement). This will allow, to the
greatest extent possible, the leveraging ofU. S. DOJ funds. Proposals to other agencies will be made
in writing and a copy of such provided to the Community Justice Initiative.
15. Independent Contractor:
The Agency agrees that, in all matters relating to this agreement, it will be acting as an
independent contractor and that its employees are not City of Delray Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
16. Hold Harmless and Indemnification Clause
The "Agency" hereby agrees to promises to indemnify and hold harmless the "City" and its
officers, agents, servants, or employees from and against any and all liability, claims, demands,
damages, expenses (including attorney's fees), fees, costs, fines, penalties, suits, proceedings, actions
and causes of action of any kind and nature arising from, or in any way connected with, the giving
of said funds.
17. Public Entity Crimes:
By entering into this contract or performing any work in furtherance hereof, the Agency
certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder
have not been placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within 36 months immediately preceding the date hereof. F. S. 287.133(3) (a)
requires this notice.
4
18. Reversion of Assets:
Upon expiration of this agreement, the sub-recipient shall transfer to the City any W&S
funds on hand at the time of expiration and any accounts receivable attributable to the use of W&S
funds. Additionally, where applicable, any real property under the sub-recipient's control that was
acquired or improved in whole or in part with W&S funds in excess of $25,000 must be used to meet
one of the national objectives of the W&S Initiative (per 24CFR Part 570) until five years after
expiration of the agreement.
19. Counterparts of the Agreement:
This agreement contains all of the parties binding representation to one another. Any
amendment or modification hereto must be in writing and is contingent upon approval by the
Community Justice Initiative.
WITNESSES:
Agency/Sub-recipient:
Signed By:
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
Signed By:
David W. Schmidt, MAYOR
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
Attachment "A'
DETail.ED BUDGET
Communi~ Band
Oty Brand Model #
4 Vito 7212
2 Vito 7131R
1 Vito 7190 BA
3 Yamaha YTR2335/45
4 Yamaha YSL354
7 Ludwig LF-S 104-XR
2 Yamaha MQC023XWC
35 Manhassett 48S
2 Ludwig FL-CZZZ-XY
Description
B Flat Clarinet w/case
Alto Saxophone w/case
Baritone Saxophone w/case
Trumpet w/case
Trombone w/case
Strider Marching Snare w/white
carder
Marching Quads 8"/10"/12"/lY'
W/carrier
Concert Music Stand
Marching Bass Drum 14" x 22"
PriceEach
375.00
750.00
3150.00
450.00
450.00
260.00
900.00
28.00
550.00
Total
1500.00
1500.00
3150.00
1350.00
1800.00
1820.00
1800.00
980.00
1100.00
Urban Dance Trou_oe
CITY DF DELRrlY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line' 561/243-7091
1993 DATE:
December 3, 2001
MEMORANDUM
TO:
FROM:
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Landscape Maintenance Aqreement- Renaissance Villa,qe
On September 4, 2001 the Commission approved the placement of three on-street
parking spaces along N.E. 2nd Street and adjacent to the Renaissance Village
project. Landscape islands must also be installed along with the construction of
the parking spaces.
The attached Agreement will allow the owner to place landscaping material, for the
islands, within the right-of-way of N.E. 2nd Street. The Agreement provides that
the owner shall maintain the landscaping and shall hold the City harmless for the
placement of the landscaping in the right-of-way. The City may terminate this
Agreement when/if it decides it needs the right-of-way for any public purpose.
Please place this item on the December 11, 2001 City Commission agenda.
Please call if you have any questions.
CC:
Barbara Garito, City Clerk
Michelle Hoyland, Senior Planner
LU/ ~0/ UJ.
LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is made this ~'. day of
between the City of Delray Beach, Florida ("City") and~_z~~/_~//~t/~
,200J by and
WITNESSETH:
WHEREAS, in order to provide landscaping in the City, the
adopted ordinances setting forth requirements for landscaping; and,
City Commission has
WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be
allowed to install landscaping material in the right-of-way of
pursuant to the terms of this Agreement; and,
WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any
other type of abandonment by the City of the public fight-of-way of ,4d. ~. 2~ ~' ~.Tge2"/-;
and,
WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of-
way purposes; and,
WHEREAS, the public will benefit from the beautification of areas along its streets by
the addition of landscaping; and,
WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape
plan and it has been approved by the City; and,
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
in this Agreement, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
J.U; ~'0/ UJ.
1. .The Parties hereby represent and warrant that the above recitals are accurate and
correct and hereby incorporate them in this Agreement.
2. The Owner shall perform ali conditions as required by the City or any Board of
the City in conjunction with the site plan and review process for the required installation and
maintenance of the landscaping. The subject property, further described in Exhibit "A", shall
have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by
reference.
3. The Owner shall be respo~sible for purchasing and installing all plant, tree, hedge
or grass material or any other material as required by the Owner's approved landscaping plan.
4. The Owner hereby agrees to maintain the plantings in the fight-of-way in
accordance with the City's Ordinances and the terms and conditions of this Agreement. The
Owner shall be responsible to maintain, which means the proper watering and proper fertilization
of aU plants and keeping them as free as practicable from disease and harmful insects; to properly
mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper
height; to properly prune all plants which includes (1) removing dead or diseased parts of plants,
or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To
maintain also means removing or replacing dead or diseased plants in their entirety, or removing
or replacing those that fall below original project standards. All plants removed for whatever
reason shall be replaced by plants of the same grade, not necessarily the same plant but of
acceptable quality to the City and the Owner, as specified in the original plans and specifications
and of a size comparable to those existing at the time of replacement. To maintain also means to
keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items
which would b~ scientifically classified as plants and include but are not limited to trees, grass,
or shrubs.
5. If at any time after the execution of this Agreement by the Owner, it shall come to
the attention of the City that the landscaping is not properly maintained pursuant to the terms and
conditions of this Agreement then the City may at its option issue a written notice that a
deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner
shall have a period of thirty calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the City may at its option, proceed as
follows:
(a) Maintain the landscaping or pan thereof, and invoice the Owner for expenses
incurred.
(b) Terminate this Agreement and require the Owner to comply with the City's
current Ordinance on landscaping.
6. At all times hereto, the Owner shall own and maintain all landscaping installed in
the right-of-way by the Owner.
7. If for any reason
the City decides that it needs the right-of-way of
or for any other public purpose this Agreement shall
terminate, and the Owner shall be required to comply with the City's current Code of Ordinances
regarding landscape requirements.
8. The Owner shall indemnify and hold harmless the City, its officers and employees
from all suits, actions, claims and liability arising solely out of the Owner's installation and
maintenance of landscaping in the City's right-of-way.
9. This Agreement shall constitute the entire Agreement of the panics with respect to
the subject matter of it. All prior understandings and agreements between the parties with
respect to snc.h, matters are merged into this Agreement, which alone fully and completely
expresses their understanding.
I0. This Agreement may not be assigned or transferred by the Owner, in whole or
part without the written consent of the City.
11. This Agreement shall be binding on the Parties, their respective heirs, successors,
legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm
Beach County and shall mn with the land.
12. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this _~ day of/(/~/~/9~ _, 200J.
ATTEST:
City Clerk
Approved as to legal form
and sufficiency~
~ity Attorney
Or
(Print or Type Name)
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
STATE OF-FLORIDA
COUNTY OF PALM BEACH
The foregoing ins,trument was acknowledged before me this
~ day of~xl ~&~.C',
Notary Public
(Prim or Type Name)
(OFFICIAL NOTARIAL SEAL)
State and County Aforesaid
My Commission Expires:
EXHIBIT "A"
Legal Description
Lots 1-4 and the north 33.6 feet of Lot 5, Block 115, Town of Delray.
3RD
NE
2ND
1ST
ATLANTIC
A TLA,
PLA
V-gT.~RANS
PARK
ENU E
IN
AISSANCE LLAGE
11/27/01 TUE 15:59 [TX/RX NO 9014]
EXHIBIT "B"
i
tti.t ,'ii ,- i i
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I
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
U M
www delrayesd com
TO:
FROM:
SUBJECT:
DAVID T. HARDEN
City Manager
HOWARD WIGHT k~~
Deputy Director Constmcti~ v ~
SOUTHRIDGE ROAD/SUNSET/ALBATROSS ROAD INFRASTRUCTURE
IMPROVEMENTS, PN 00-45
Change Order #2, Fina!
DATE:
DECEMBER 5, 2001
Attached for Commission approval is an agenda request for closeout Change Order #2, Final to
Sonic Engineering, Inc. on the Southridge Road/Sunset/Albatross Road Infrastructure
Improvements, PN 00-45. It is for the final plus/minus quantity adjustments; miscellaneous
changes to the original Contract and Change Order #1 for sanitary sewer removal replacement on
Lake Ida Road. Change Order #2, Final is a net add amount of $6,654.15.
A request is also made for final payment in the amount of $22,937.81 to Sonic Engineering, Inc. A
Contractor Evaluation form is attached for your review.
Funding Source is 370-3162-541-65.46 (Southridge Road/Sunset/Albatross Road)
CC;File 00-45 (A)
s~...\0045~agmem121101
S IEngAdmtn~Projects~2000~2000-O451CONSTRCl~co2mem-121101 doc
CiTY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. 2, final) PROJECT NO. 00-045 DATE:
PROJECT TITLE: Southridge Road/Sunset/Albatross Road Infrastucture Improvements
TO CONTRACTOR: Sonic Engineering, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Plus / Minus As-built quantity adjustments per Schedule "A" attached
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE/DECREASE THIS CHANGE ORDER .7%
TOTAL PER CENT INCREASE/DECREASE TO DATE 12.7%
$ 885,208.00
$107,351.50
$992,559.50
$6,654.15
999,213.65
CERTIFIED STATEMENT:
I hereby certify that the supporting cost data ~ncluded ~s, in my considered opimon,
accurate; that the prices quoted are fair and reasonable and ~n proper rabo to the cost of the
original work contracted for under benef'~ of competitive b~dd~ng
for Sonic Engineering, Inc.
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
370-3162-54'1-65.46 (South ridge/Sunset/Albatross)
FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By'
for Environmental Services
David Schmidt, MAYOR
A'FI'EST:
APPROVED: By:
City Attorney City Clerk
S:~EngAdmin\Projects~2000~2000-045\CONTRAC~CO1 FRMack.doc
Request to be placed on:
AGENDA REQUEST
Date: December 5, 2001
-o-X ..... Regular Agenda
~ Special Agenda
~ Workshop Agenda
When: December 11, 2001
Description of item (who, what, where, how much): Attached for Commission approval is an
agenda request for closeout Change Order #2, Final to Sonic Engineering, Inc on the Southridge
Road/Sunset/Albatross Road Infrastructure Improvements, PN 00-45. It ~s for the final plus/m~nus
quantity adjustments; miscellaneous changes to the original Contract and Change Order #1 for sanitary
sewer removal replacement on Lake Ida Road Change Order #2, F~nal is a net add amount of $6,654.15.
A request is also made for final payment in the amount of $22,937.81 to Sonic Engineering, Inc. A
Contractor Evaluation form is attached for your review
Funding Source is 370-3162-541-65 46 (Southridge Road/Sunset/Albatross Road)
ORDINANCE/RESOLUTION REQUIRED. Not required.
Recommendation: Staff recommends award of Change Order #2, Final and Final Payment to Sonic
Engineering, Inc ~~ ~_.._~
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re,,q~d on all items involving expenditure of funds):
Funding available:
Funding alternatives (if appli~-'~l~:
Account No. & Des~,ription
Account Balance ~l~
Ci~ Manager Review: ~ ~
Approved for agenda: O
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:~.. ~0043~agreq 1122001
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
www delrayesd corn
DAVID HARDEN
City Manager //~
HOWARD WIGF///~. ~
Deputy Directo. r/C~structS'0'~ '
RECONSTRUCITON OF DRINKING WATER WELL #26 (PN 01-02)
Contract Addition (C.O. # 1) for redrilling Well #26 at new location
DECEMBER 5, 2001
Attached is an Agenda Request for City Commission to approve a Contract Addition (C.O. #1) to Drilling
Services, Inc. in the amount of $5'1,850.37 on the Reconstruction of Drinking Water Well #26 (PN 01-
02). Th~s Contract Addition is for the relocation of raw water Well #26 from its existing location south of SW
10th Ave on the east side of 1-95 R~ght of Way to the intersection of SW 7th St and Auburn Ave (see
attached location map).
Drilling Services, Inc. was contracted to drill a new 160' deep well adjacent to the old existing well that was
been abandoned. The old well was being replaced due to reduced efficiency caused by deterioration of the
well screen and casing p~pe. The new well could not be completed because the soil formation adjacent to
the borehole collapsed while they were drilling. The ~ntegrity of the borehole could not be maintained after
the collapse preventing the installation of casing, well screen and gravel pack to complete the new well.
Our consultant, CH2MhilI, concurs w~th City staff that if the well were drilled again in the same general
vicinity of the old well that there ~s a good chance that the same collapse would occur.
Well #26 is part of the City's 20-series wellfleld. We have secured a permit to relocate this well to the north
end of this wellfield, CH2Mhill and staff believe that th~s location will be conducive to a successful bore as
the nearest existing well is a considerable distance (+/- 500') from the new location and the existing soils
formation should be undisturbed.
The other option would be to not replace Well #26 All of the wells in the 20-Series wellfield continue to be
very productive wells. Staff believes the relocation will achieve the same productive results.
Funding source is 442-5178-536-61.82 (Well Rehabilitation). A budget transfer is attached.
CC:File 01-02 (A);
s\...\001022~agmem 121101
S'lEngAdmtnlProjectsl2OOll2OOl-OO2lCONSTRCI~colmem-050101 doc
~ 6~ ~ .__ST. ~ .... F- --
s.w. '
....... - ~ - ................ ~, /" / AUBURN DR.
..-/
LOCATION
S.W. 7m ST.
S.W. 10TH STREET
LOCA~ON
~ C~ of DELRAY BEACH WELL .26
~ ~P~~ RELOCA~ ON ~-LOC,,,
~ ~ ~ ~ 2001 - 20C
~ [i ! It /L~xTs o~ THXS CONTEACT
CERTA-LDK COLUH J' ~:
~ ~I]INER$IBLE VERTICAL
" i TURBINE VIrLL PUHP
I I TO ~E: PRBV[gE:D BY CZTY
CENTRAL.ZZER$----~p' ,
rVL"RY e0' ~ I
=- ~ (FROH tOO' TO IL50' ~PTH)
~ [ S[Z[ TD ~E DETEmINE])
j ~ly THE CDNTRACTaR ANt1 APPRDVrll 'Ry CITY
I (10 ~'EET ~'EP)
~p. ~60' - NOT TO SCALE
CENTEALZZERS
CITY of DELRAY BEACH
~ENVIRONMENTAL SERVICES DEPARTMIgNT ~t~ SECTION SHT. 1
sotrr~ sm~o~ Awmm, Dr. Ua~ Bmc~, r[omA aa~.~4 PR0$1~CT 2001-002
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 01-02 DATE:
PROJECT TITLE: Reconstruction of Drinking Well #26)
TO CONTRACTOR: Drilling Services, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Construct new well as per the Contract requirements at the intersection of SW 7~ Sta and Auburn Ave. Exact location of new
well to be determined by surrey provided by City.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 55.6%
TOTAL PER CENT INCREASE TO DATE 55.6%
$ 93,097.90
$ 0.00
$ 93,097.90
$ 51,850.37
$ 144,948.27
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Drilling Services, Inc
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source is 442-5178-536-61.82 (Well Rehabilitation)
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
Mayor
ATTEST:
By:
City Attorney City Clerk
Request to be placed on:
---x-m-Regular Agenda
Special Agenda
~ Workshop Agenda
AGENDA REQUEST
Agenda Item No. ~'
Date: December 5, 2001
When: December 11, 2001
Description of item (who, what, where, how much): Attached is an Agenda Request for City
Commission to approve a Contract Addition (C.O. #1) to Drilling Services, Inc. in the amount of
$51,850.37 on the Reconstruction of Drinking Water Well #26 (PN 01-02). This Contract Addition is for
the relocabon of raw water well #26 from its exisbng location south of SW 10th Ave on the east side of 1-95
R~ght of Way to the intersection of SW 7th St and Auburn Ave
Funding source is 442-5178-536-61.82 (Well Rehabilitation). A budget transfer is attached
ORDINANCE/RESOLUTION REQUIRED. Not required.
Department head signature: ~,_JZ~:~/~,_~.
Determination of Consistency with Comprehensive Plan:
City Attomey Review/Recommendation if applicable):
Budget Director Review (re/Gu~d on all items involving expenditure of funds):
Funding available: ~'ESj/NO
Funding altematives~f appl~--~l~
Account No. & Description ~..o -,~/~- ~3~ ~/. ~ ~1 ~h~ ~ ~l~ ~~
Account Balance ~4~/~~ ~ ~,~. ~ /~/~/ -~
City Manager Review: ~ ~
Approved for agenda: /NO
Hold Until: ,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\,..~0043~agreq1122001
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www. delrayesd com
TO:
FROM:
SUBJECT:
DAVID HARDEN
City Manager
HOWARD WIGHT
Deputy Director Con~sl~u~ion
REHABILITATION OF LIFT STATION 31, PN 2001-012
Contract Addition for rehabilitation of additional lift stations
DATE:
DECEMBER 5, 2001
Attached is an Agenda Request for City Commission to approve a Contract Addition (C.O. #1) to Murray
Logan Construction, Inc. in the amount of $74,000.00 on the Rehabilitation of Lift Station 31, (PN
200'1-012). This Contract Addition is for the replacement of deteriorated pump rafts and breakaway flanges
at nine (9) existing sanitary lift stations throughout the C~ty. The stations and respective scope of work ara
listed on the attached schedule.
The work generally includes the replacement of the rails and flanges at each station. Logan will remove
and replace the pumps, bypass pumping, removal/installation of new rails/flanges, and restart of the station.
The C~ty will furnish the rails, breakaway fitbngs and flange materials..
Prices are commensurate with the work to be performed. Murray Logan has successfully completed work
of this nature previously for the City.
Funding source is 442-5178-536-61.83 (Lift Station Rehabilitation). A budget transfer is attached
CC:File 00-12 (A);
s\. \0012~agmem 121101
S' LEng/ldmtn~Projectsl2OO l l2OO l-O12 lCONSTRCTIco l mem-050101 doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 99-37 DATE:
PROJECT TITLE: Rehabilitation of Lift Station 31)
TO CONTRACTOR: Murray Logan Construction Co.. Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Provide rehabilitation of City lift stations nos.84, 92, 60A, 10A, 12, 56, 86C, 5lB and 101 per attached Schedule A and as
directed by CDB Environmental Services Lift Station Maintenance Division.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 87%
TOTAL PER CENT INCREASE TO DATE 87%
$ 84,800.00
$ 0.00
$ 84,800.00
$ 74,000.0O
$ 158,800.00
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Murray Logan Construction Co., Inc. Co. Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source is 442-5178-536-61 83 (Lift Station Rehab)
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
By:
Mayor
APPROVED:
ATTEST:
By:
City Attorney City Clerk
0
0
0
0 ~0
Site: Lift Stations (e Total)
Scope:
Revision 12/05/2001
City:
1. Supply vac truck and personnel to clean & flush station after it has been plugged off.
2. Unwire and remove electric motors / pumps.
3. Remove / relocate floats out the way.
4. Install floats to monitor bypass pumping.
5. Supply breakaway fittings (base elbows).
6. Supply riser pipe and flanges (if needed).
7. Supply stainless steel rails, and brackets.
8. Reinstall pumps, wire and test for correct rotation and operation.
9. Provide bypass adapter to pump through the top of the existing check valve.
Murray Logan:
1. Provide and maintain by pass pumping.
2. Plug offinfiuent flow.
3. Install new concrete floor if required.
4. Furnish and install new base plates for base elbows.
5. Respond to any station emergency.
6. Install new base elbows, riser pipe (reuse existing or new if needed), new rails, new
top brackets.
7. Supply all mounting hardware as needed.
8. Fabrication / welding if required.
9. Removal of plug.
10. Start up of the station (during the Cities normal working hours).
I I. Return old rails and base elbows to the maintenance shop.
12. Dispose of the old piping.
13. Keep the City posted of the status of the job, and also of any problems or
deterioration that may be present that could require additional work.
Request to be placed on:
AGENDA REQUEST
Agenda Item No..~
Date: December 5, 2001
---X ..... Regular Agenda
~ Special Agenda
Workshop Agenda
When: December 11, 2001
Description of item (who, what, where, how much): Attached ~s an Agenda Request for City
Commission to approve a Contract Addition (C.O. #1) to Murray Logan Construction, Inc. in the
amount of $74,000.00 on the Rehabilitation of Lift Station 31, (PN 2001-012). This Contract Addition is
for the replacement of deteriorated pump rails and breakaway flanges at nine (9) existing sanitary hff
stabons throughout the City. The stations and respective scope of work are listed on the attached
schedule.
The work generally includes the replacement of the rails and flanges at each station. Logan will remove
and replace the pumps, bypass pumping, removal/installabon of new rails/flanges, and restart of the
station. The City will furmsh the rails, breakaway fittings and flange materials..
Prices are commensurate with the work to be performed. Funding source is 442-5178-536-61.83 (Lift
Station Rehabilitation). A budget transfer is attached.
ORDINANCE/RESOLUTION REQUIRED. Not required.
DepartmentC°"lnc'Rec°mmendati°n:head signature:Staff recommends~~,~ (3~~award of Contract.-..., Addition (C.O~ ~#1'~-) to~MurraYl Logan C~~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re~d on all items involving expenditure of funds):
Funding available: ~ES~IO __
Funding alternatives'Of applicable):
Account No. & Description ~/./~
Account Balance ~)r~r~r~,~-/- ~.~ ~ ~ q~/~-~:)() L./~r-) /~ /~p/~ / '
City Manager Review: ~ ' . .... ' ....
Approved for agenda: E~_~NO
Hold Until: ~'
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM-8.'~{! - REGULAR MEETING OF DECEMBER 11, 2001
MAINTENANCE AGREEMENT FLORIDA DEPARTMENT OF
TRANSPORTATION /STATE ROAD A-1-A AND LINTON BOULEVARD
BRIDGE / (A-l-A)
DATE:
December 7, 2001
This item is before the Commission for the acceptance of a Maintenance Agreement between the
Florida Department of Transportauon (FDOT) and the City of Dekay Beach for landscape
enhancements to a 2,745 foot section of A-I-A, located between Highland Beach City lirmts and the
Linton Boulevard Bridge. Through this agreement the City would commit to maintain this area as
specffied by the Department of Transportation.
The improvements represent a approximate value of $71,000.00 is at no cost to the City, but the
commitment of the mamtenance is before the Commission. Project is scheduled to begin
construction m April, 2003.
Staff recommends approval of Maintenance Agreement for proposed landscape enhancements.
Agmemo-FDOT for AIA - Mamt Agmt. doc
DELRAY BEACH
F L O R ~ O A
Memorandum
Horticulturist
2001
To:
Through:
From:
Re:
Date:
David T. Harden, City Manager
Lula Butler, Director, Community Improvement
Nancy Davila, Horticulturist ~
Maintenance Agreement with FDOT for A-1-A
December 3, 2001
ITEM BEFORE THE COMMISSION
The item before the Commission is the acceptance of the proposed Maintenance Memorandum of
Agreement between the Florida Department of Transportation (FDOT) and the City of Delray
Beach, for landscape enhancements to a 2,745 foot section of A-l-A, located between Highland
Beach City Limits, and the Linton Boulevard Bridge. Through this agreement the City would
commit to maintain this area as specified by the Department of Transportation.
BACKGROUND
In 1999 1 began working with FDOT and their Consultants on streetscape plans for a portion of
A-1-A. The plans deal primarily with Highland Beach, but continue north approximately ½ mile
into Delray Beach, and end just north of the Linton Boulevard Bridge. The implementation of
these improvements, representing a value of approximately $71,000, Is at no cost to the City, but
the City does have to make a commitment to the ongoing maintenance. The project is scheduled
to begin construction m April 2003.
The beautification plans, as they affect Delray Beach, include the planting of 70 Maypan Coconut
Palms, a few isolated sections of hedging to screen parking lots, and also include one sitting area.
The City will be responsible for purchasing the bench and trash receptacle proposed for the sitting
area.
In February 2000 these plans were reviewed with some of the adjacent property owners for their
input. One of the comments made was to provide more understory plantings at the base of the
Coconut Palms. These suggestions will be incorporated into the final drawings within the next
few months.
Irrigation will not be provided by FDOT, however, most of the adjacent property owners have
irrigation extending into the right-of-way, and any damage to these systems during construction
will be repaired by FDOT.
City codes require the adjacent property owners to maintain the sodded portion of the right-of-
way. Maintenance of the palms and ground covers can also be extended to the adjacent property
owner, but this is generally a policy decision with regard to streetscape projects. The Park's
Department does maintain City initiated projects in many areas of the City.
The proposed sitting area consists of a paver brick area with a place for a bench and trash
receptacle. It is located under the canopy of a large Ficus tree, but is adjacent to an undeveloped
lot. Additional shrubs and ground covers will be planted to enhance the area, but FDOT has no
plans to irrigate these materials. The FDOT Contractor is required to hand water these materials
for a year to coincide with the warranty period. After the warranty period this area will have to
be maintained by the Parks Department.
RECOMMENDATION
Staff recommends that the City Commission give favorable consideration to the Maintenance
Memorandum of Agreement between FDOT and the City of Delmy Beach, as the proposed
aesthetic enhancements would be a significant benefit to this section of A-1 ~A.
Page 1 of 1
Bauer, Gerri
From: Hasko, Richard
Sent: Wednesday, December 05, 2001 2:21 PM
To: Harden, David
Cc: Bauer, Gerri
Subject: A-1-A Landscape Agreement
Responding to your inquiry, the FDOT scope for the project on A-1-A south of Linton Blvd.
includes construction of bicycle lanes on both sides of the road, milling and resurfacing of the
entire road, installation of the landscape components as shown on the agreement exhibits, and
addressing minor drainage issues via swale creation and improvement.
g/chard Hasko,
~nvironrnental Services D/rector
ext. 7336
12/5/01
Bauer, Gerri
Page 1 of 1
From: Conneil, Richard
Sent: Wednesday, December 05, 2001 4:21 PM
To: Bauer, Gerri
Cc: Simmons, Tim
Subject: Comments on proposed Agenda Request for 12/11/01 Meeting
Gerri,
In looking over the proposal and maintenance memorandum of agreements and discussing them
with Tim Simmons our Parks Superintendent the following questions arose:
Will current property owners maintain the turf, hedge materials, and trim the coconut palms
installed on their "right of way" property. We suspect they will want to do this themselves
and not have the Parks Department working in these areas?
We would rather not install any type of understory plants or groundcovers around the base
of the palms as this interferes with a fertilization program causing these plant materials to
be burned with the application of fertilizers.
The Parks Division should be able to maintain these areas without significantly increasing
man hours and do so within current budget parameters as they are already maintaining
these areas to a limited extent.
Call me if you need any more information,
Rich Connell
Assistant Director of Parks and Recreation
12/5/01
3EB BUSH
GOVEI~OR
Florida Departmen(of Transportation
DISTRICT MAINTENANCE - DISTRICT 4
3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309-3421
Telephone: (954) 7774200 Fax: (954) 7774223
11/13/01
THOMAS E BARRY, JR.
SECRETARY
Ms. Nancy Davila
Planning Department
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Ms. Davila:
Maintenance Memorandums of Agreement for State Road A-1-A Station
58+46 (MP 7.41) to Station 66+47 (MP 7.91)
Enclosed are four (4) Maintenance Memorandums of Agreement for subject road and
section that need to be executed by the City and returned to me for execution by the
Department. Upon execution by the Department one copy will be returned to you for the
City's files.
Should you have any questions, please call me at (954) 777-4219. Thank you.
c~,~-"~.~LLLanarl B. Higgins, ASLA
dscape Architect
CBH/c
www. dot. stat e.fl. u s 1~ RECYCLED PAP ER
DISTRICT FOUR (4)
MAINTENANCE MEMORANDUM OF AGREEMENT
DSF-MAINTENANCE
THIS AGREEMENT, made and entered into this ~ day of 19.. , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. a component
agency of the State of Florida, hereinafter called the DEPARTMENT and the City of Delray
Beach. a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter
called the AGENCY.
WITNESSETH:
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
Department, for the purpose of safety, protection of the investment and other reasons, has
constructed and does maintain a three (3) lane highway facility as described in Exhibit A attached
hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contain
landscape medians and areas outside the travel way to the fight of way line, excluding sidewalk, shall
be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up and necessary
replanting; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution No.__ dated ,19 ,
attached hereto and by this reference made a part hereof, desires to enter into this Agreement and
authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
The DEPARTMENT hereby agrees to install or cause to be installed landscaping on the
highway facilities as specified in plans and specifications hereinafter referred to as the
Project; and incorporated herein as Exhibit B
The AGENCY, agrees to maintain the landscaping within the medians and areas outside the
travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting,
mowing, fertilizing, litter pickup and necessary replanting, following the Department's
landscape safety and plant care guidelines. The AGENCY'S responsibility for maintenance
shall include ali landscape/tufted areas and areas covered with interlocking pavers or similar
type surfacing (hardscape) within the median and areas within the travel way to the fight of
way line, including paver sidewalks, paver intersections and all paver header curbs, stamped
asphalt and concrete areas. It shall be the responsibility of the AGENCY to restore an
unacceptable ride condition of the roadway caused by the differential characteristics of the
paver brick and/or the header curb on Department of Transportation right-of- way within the
limits of the Project. Such maintenance to be provided by the AGENCY is specifically set
out as follows:
To maintain, which means the proper watering and fertilization of all plants and keeping
them as free as practicable from disease and harmful insects; to properly mulch the plant
beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to
properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2)
pruning such parts thereof which present a visual hazard for those using the roadway. To
maintain also means removing or replacing dead or diseased plants in their entirety, or
removing or replacing those that fall below original project standards. All plants removed
for whatever reason shall be replaced by plants of the same size and grade as specified in the
original plans and specifications. To maintain also means to keep the hardscape areas free
from weeds and replacement of any areas b. ecoming in disrepair so as to cause a safety
hazard. To maintain also means to keep litter removed from the median and areas outside
the travel way of the right of way line. Plants shall be those items which would be
scientifically classified as plants and include but are not limited to trees, grass, or shrubs.
The above named functions to be performed by the AGENCY, shall be subject to periodic
inspections by the Department. Such inspection findings will be shared with the AGENCY and
shall be the basis of all decisions regarding, repayment, reworking or agreement termination. The
AGENCY shall not change or deviate from said plans without written approval of the Department.
If at any time after the AGENCY has assumed the landscaping installation and/or
maintenance responsibility above-mentioned, it shall come to the attention of the
Department's District Secretary that the limits or a part thereof is not properly maintained
pursuant to the terms of this Agreement, said District Secretary may at his option issue a
written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the of
AGENCY, to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a
period of thirty (30) calendar days within which to correct the cited deficiencies. If said
deficiencies are not corrected within this time period, the Department may at its option,
proceed as follows:
(a)
Maintain the landscaping or a part thereof, with Department or contractor's personnel
and invoice the AGENCY for expenses incurred, or
(b)
Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
remove, by Department or contractor's personnel, all of the landscaping/hardscapes
installed under this Agreement or any preceding agreements except as to trees and
palms and charge the AGENCY the reasonable cost of such removal.
4. It is understood between the parties hereto that the landscaping covered by this Agreement
2
may be removed, relocated or adjusted at any time in the future as determined to be necessary
by the Department in order that the adjacent state road be widened, altered or othem, ise
changed to meet with future criteria or planning of the Department. The AGENCY shall be
given sixty (60) calendar days notice to remove said landscaping after which time the
Department may remove same.
The Department agrees to enter into a contract for the installation of landscape project for an
amount not to exceed $ 71,000.00 as defined in Attachment C.
The Department's participation in the project cost, as described in Attachment A is limited to only
those items which are directly related to this project. The agencies landscape architect or designee
shall assist the Department in final inspection and provide written acceptance of the Project.
The AGENCY agrees to reimburse the Department all monies expended for the project,
should the landscaped/hardscape areas fail to be maintained in accordance with the terms and
conditions of this Agreement.
7. This Agreement may be terminated under any one of the following conditions:
(a)
By the Department, if the AGENCY fails to perform its duties under Paragraph 3,
following ten (10) days written notice.
(b)
By the Department, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the AGENCY in conjunction with this
Agreement.
8. The term of this Agreement commences upon execution.
To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
Department, its officers and employees from all suits, actions, claims and liability arising out
of the AGENCY'S negligent performance of the work under this agreement, or due to the
failure of the AGENCY to maintain the Project in conformance with the standards described
in Section 2 of this Agreement.
10.
The AGENCY may construct additional landscaping within the limits of the fights-of-ways
identified as a result of this document, subject to the following conditions:
(a)
Plans for any new landscaping shall be subject to approval by the Department. The
AGENCY shall not change or deviate from said plans without written approval by
the Department.
(b) All landscaping shall be developed and implemented in accordance with appropriate
state safety and road design standards;
(c)
The AGENCY agrees to comply with the requirements of this Agreement with
regard to any additional landscaping installed;
(d)
No change will be made in the payment terms established under item number five (5)
of this Agreement due to any increase in cost to the Department resulting from the
installation of landscaping added under this item.
11.
This writing embodies the entire agreement and understanding between the parties hereto and
there are no other agreements and understanding, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby.
12.
The Department, during any fiscal year, shall not expend money, incur and liability, or enter
into any contract which, by its terms, involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal
or written, made in violation of this subsection is null and void, and no money may be paid
on such contract. The Department shall require a statement from the Comptroller of the
Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing herein contained shall prevent the making of contracts for
periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracts of the Department which are for an
amount in excess of $25,000.00 and which have a term for a period of more than 1 year.
13.
The Department's District Secretary shall decide all questions, difficulties and disputes of
any nature whatsoever that may arise under or by reason of this Agreement, the prosecution
or fulfillment of the service hereunder and the character, quality, amount and value thereof;
and his decision upon all claims, questions and disputes shall be final and conclusive upon
the parties hereto.
14.
This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the Department.
15.
This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion of the contract and Florida law, the
laws of Florida shall prevail.
4
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
AGENCY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:, By:,
Chairperson
District Secretary
Attest: (SEAL) Attest:
Clerk
Executive Secretary
.(SEAL)
Approval as to Form
Date Approval as to Form Date
5
SECTION NO. 93060-3508
FIN NO.(s): 22978515201
COUNTY: Palm Beach
S.R. NO.: A-lA
EXHIBIT "A"
PROJECT LOCATION
State Road A-lA from Station 58+46 (MP 7.41) to Station 66+47(MP 7.91)
6
SECTION NO.:93060-3508
FIN NO:22978515201
COUNTY:Palm Beach
S.R. NO.:A-1-A
EXHIBIT B
The Department agrees to install the Project with a contractor in accordance with the
plans and specifications attached hereto and incorporated herein.
Please see attached plans.
7
SECTION NO.:93060-3508
FIN NO: 22978515201
COUNTY: Palm Beach
S.R. NO.: A-1-A
ATTACHMENT C
(GENERAL)
PROJECT COST
This Exhibit forms an integral part of the Highway Beautification Grant Agreement
between the State of Florida, Department of Transportation and the AGENCY.
Dasd
I. PROJECT COST:
71.000.00
C ~,WPDOCL~DMIN~DSF MAI~¥ev 7/6/95}
Date: 12/5/01
Agenda Item No.
AGENDA REQUEST
Agenda request to be placed on:
X Regular __ Special
When: December 11, 2001
Description of Agenda Item:
Maintenance Agreement with FDOT for A- 1-A
__ Workshop __ Consent
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda~/No ~
Hold Until:.
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
£1T¥ BF I ELIII:I¥ BEI:I£H
DELRAY BEACH
1993 FROM:
2OOl
SUBJECT:
100 N.W. 1st AVENUE-DELRAY BEACH, FLORIDA 33444 561/243-7000
MF_,MO DUM
David T. Harden, City Manager
obert A. Barcinski, Assistant City Manager
AGENDA ITEM - DECEMBER 11,2001 SPECIAL EVENT REQUEST -
DOWNTOWN DELRAY ART FESTIVAL
DATE:
December 5, 2001
Action
City Commission is requested to endorse the 13th Annual Downtown Art Festival
sponsored by Howard Alan Events, Ltd. to be held January 19-20, 2002, to grant
a temporary use permit per LDR's section 2.4.6(H) for use of city right-of-way on
Atlantic Avenue from the east side of NE/SE 6th Avenue to Salina, and use of City
parking lots west of the intracoastal for vendor parking, to authorize staff to
apply for the FDOT street closure permit, to authorize staff support for security,
and traffic control, and to permit an event sign to be erected on Atlantic
Avenue just east of 1-95 one week prior to the event.
Background
Howard Alan Events, LTD. will again be conducting the 13th Annual Downtown
Ads Festival. This year again, a portion of the proceeds will be given to the Joint
Venture. Mr. Alan is requesting closure of Atlantic Avenue, from just east of
NE/SE 6th Avenue east to Salina. He is also requesting the use of parking lots,
west of the intracoastal for vendor parking and requesting security service fram
the Police Department. I would recommend approval to utilize the Vittorio's lot
on SE 6th Avenue for vendor parking. Mr. Alan has indicated that he would rent
and install barricades with volunteers; however, because Federal Highway, as
well as Atlantic Avenue, will need to be barricaded, I am recommending that
City staff install the barricades for safety reasons. The estimated overtime cost
for City services is $6,000. Mr. Alan will pay for these costs as well as provide for
trash removal, clean up, and port-a-lets. Signage per LDR's section
4.6.7(D)(3)(j)(i) can be installed one week prior to the event and must be under
20 square feet. However, with the FDOT work at the 1-95 interchange on going,
we will probably need to locate the sign further east. This is not a new event and
does not exceed the limit established.
Recommendation
Staff recommends endorsement of the event, granting of the temporary use
permit for the street closure and parking lot use as recommended, providing
staff assistance for traffic control, security, and barricading as recommended,
and allowing the event sign to be installed with all overtime costs to be paid by
Pnnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
Subject: Downtown Delray Art Festival Agenda Item December 11,2001
Date: December 5, 2001
Page: #2
the vendor, The vendor is also required to provide a certificate of liability
insurance and execute a hold harmless agreement,
RAB:tas
CC:
Marjorie Ferrer
Barbara Garito
File..u:$weene?/evenfs
Doc: 13th Ann Downtown Art Fes#vol agenda
HOWARD ALAN FVENTS;
9544723B§1;
Oct 19-01 11:48;
Page
Octobe~ 18, 2001
Mr Robert Barcinski
Assistant City Manager
City of Delray
100 NW 1*~ Avenue
Delray Beach, FL 33444
Dear Mr Barcinsk,.
We are planning for the 13t~ Annual Do~rntown Delray Art Festival, to be held January 19 -
20, 2002 on Atlantic Avenue starting just east of Federal Highway and going our typical route to
Salena Salena and Andrews witl be left open
Please be advised that the followiqg logistics for the 13m Annual Downtown Delray Art
Festival will be arranged
Stre~ Cloeure: Bob's Barricades will drop off barricades on Friday, January 18, 2002, and our
employees will set them up eady Saturday morning
Police: The Detray Police Department will arrange for Pohce and Securily from 10:00 am - 5 00
pm on Saturday and Sunday. and overnight security on Saturday from 6:00 pm - 6'00 am
Port-O-Lets and Dumpster: 5 regular and 2 handicap portolets have been ordered through
Anderson Rentals and will be dropped off on Friday, January 18, 2002 and will be picked up on
Monday, January 21, 2002, with servicing on Sunday, January 20, 2002
A 20-yard rolloff dumpster is ordered from RFI tt will be dropped off on Friday and picked up
on Monday as well.
Trash Receptacles: Trash receptacles w~ll be supplied and maintaIned by our professional
clean-up crew, Profest (Mitch) They will handle clean up of the trash throughout the area each
day
Vendor Parking: RV's and large rig vehicles will park in the municipal parking tots just west of
the Intracoastal Waterway. Cars and vans will park at Nations Bank during the day only.
Insurance: City required certificates will be issued.
If you h~ave/ny questions, please feel free to call me at (954) 472-3755.
)/
Si car , _
/J~t~o~,.w, ar...J ~AI, a~n, Pres,dent
Howard Alan Events, Ltd.
969S W. BR()WARI) BI,VI;. * P]~AN'FA'II()N, FI.¢)RII)A 33324
w~w ~rtl'e~t~va[.com
1/2
Se~t By: HOWARD ALAN EVENTS;
9544723891; Nov-29-01 15:58;
AVE, 'u.s, Y. No,
Page 2/2
" 9en~ By: HOWARD ALAN EVENTS; 9544723891; Nov-29-01 15:58; Page 1/2
Howard Alan Events
The 13th Annual Delray Art Festival
January 19-20, 2002
PROPOSED BUDGET FOR JANUARY 2002
INC01/IE:
Artlit Revenue "' , ..... $64,125
Food Vendor Rev,e, nue S3,geo
Total Revenue $a8,o2s
EXPENSES: ....
Bo~ P, aton H&ws ,,, I
., iExpens~, $708.$0
Pal,m, Beacl~ Post Gxpens~,,, $2~543.$7 .......
Sou, th Fk~rida Newspaper ,'.",',' ,,, 'Exper~se..... $71S.00
!Sun Sentinel !Ex~nse ....... ~274.g0 .......
'_W. P'EC CH^NNEL i'2 ,,, 'F-~nse , $,.7,,S00.00 .....
Sun Sentinel Ch, a.,r!ties Ad Program Expense $2,~)0.0,.Q
Advertising SubTotal ....
......... S22~2.,4,t.g? .......
Services:
Permit .... Palm Beach Co, u,,n,~ Health Expense $26.00 .... "
Signag.e.. AA Sign Lines Expense,,, $042.72
Sanitation Waste Man~' .me. flt-pertolets Expense ,,, S471.00
S_partitation Waste Management- dum,p,~er Expense $760.,.,.,0~..
Sanitation ..... Pro Fast . . Expense $2,~0~.00 ..
_Barrtcades aob's Barricades Expense $$~S,;,0,0,,
s~.ur,~ ...... ,i,',',',,,, c~ o~ ~r,~ .~--~h.'i .... ~xpe,se $~.,..~..0..0
Rentals ..... Pro Fast Expense $t~400.00
Grap',hi~S for aclvertJslng .......... "' Expense " Expense '~':1~00
Payroll ......... Helayne Stillings & Staff Exl~ense ........ $~200.0~.. ....
Rental Property,, .,D, elray Joint venture..... Expense $~,000.00
Lodgings and. ,me, ,als~ travel Expense $400.00
~ia ~a~...E×pe~ ..... Expense $~,~.0~ ................ ii ,,,,
One Uillion,,D0,!!sr liabilit~ ins policy .....Expense $425.00
Administrative Overhead telephone, mailin~s,etc Expense $1~t00,,0,0,
Entertainment .............. $3~000.00
Misc. expense ................ $.90,0. ;0,0
_Total Expenses .... $$S~g~ ,~.,~,9
Show Profit ,,, ~ ....... $~2,058.$~
£1TY OF OELAAY BEA£H
DELRAY BEACH
1993
TO:
2001
FROM:
100 N.W. 1st AVENUE
MEMORANDUM
David T. Harden, City Manager
~Robed A. Barcinski, Assistant City Manager
DELRAY BEACH, FLORIDA 33444 561/243-7000
SUBJECT:
AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 11,2001
APPROVAL SPECIAL EVENT - FOTOFUSION 2002
DATE:
December 5, 2001
Action
City Commission is requested to endorse FotoFusion 2002 to be held
January 22® through January 26th, 2002, to waive rental fees for use of
City facilities, to authorize staff to make and install event signs and install
banners, to waive any costs associated in making and installing the signs
and banners, and provide staff assistance in hanging banners.
Background
Attached is a letter from Fatima NeJame, Executive Director of Palm
Beach Photographic Center requesting the City to endorse the event,
waive rental fees for use of facilities, to make and install signs waiving any
charges for cost, and to hang banners.
City facilities that will be used during the event include Commission
Chambers, the Mahogany Roam and Banyan Orchid Room at the Civic
Center. The estimated rental charges for these facilities would be
approximately $400.00.
The request also includes event signage. Four (4) event signs 4'x4' for the
event have been requested. The estimated material cost for these signs is
$250.00. They have also requested that City staff install event banners at
the intersections on Atlantic Avenue from Swinton to A-1-A and in the CRA
parking lot between N.E. 1st and 2nd Avenues. Banners can be hung
utilizing regular time.
Pnnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
Subject:AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 11, 2001APPROVAL SPECIAL
EVENT - FOTOFUSlON 2002
Date: December 5, 2001
Page: Two (2)
I have included a copy of their proposed '02 budget, '01 actuals and a
copy of the event schedule. The City agreed to contribute $5,000.00 to
this year to the event.
This is not an additional event and does not involve overtime.
Recommendation
Staff recommends approval of the request from Palm Beach
Photographic Center to endorse the event, prepare signs, provide staff
support for banner hanging, waive rental fees and costs to make
requested signage.
RAB:tas
Attachments
FIle:u:sweeney/events
Doc: Fotofuslon 2002Agenda
Palm Beach Ph iitgraphic Centre
December 4, 2001
Mission Statement
The Palm Beach Photographic
Centre is a non-profit visuat
arts organization dedicated to
the enrichment of bfe through
exhibitions, commumty
programs, workshops & other
educational activities that
promote the arts of
photography & d~gitat imaging.
Executive Director
Fabrna NeJarne
Managing Director
Art Ne3ame
Board of Directors
Dr. 3ay A[penn
Todd Everett
Fred Franke[
M~chaet Greene
M~chae[ 3ones
hiichae[ Kravit
R~chard Machek
Launan McKenzie
Jamce McVay
Fatima Ne,lame
J~m Norrnan
Sandy (Alexander) Simon
Board of Advisors
Robert Brant[ey
Arnotd Drapk~n
Mark Foley, Congressman
Mary McCarty, Cornnrn~ssioner
Maoode Margolis
Dave Metz, Canon USA
Timothy Mornssey
Arthur Steinman
Kmth Thompson
Dr. Richard Zak~a
Museum
Programs
Photography Workshops
D~gital Imaging Workshops
FOTObasics
FOTOcamp for Kids
FOTOfunTours
FOTOinsights
Picture My World
Festivals
FOTOfusion®
FOTOdetray
e-mait:
info@fotofusion.org
www. fotofusion.org
www. workshop.org
Mr. David T. Harden, City Manager
City of Delray Beach
100 NW 1't Avenue
Delray Beach, FL 33444
Dear David:
As you know, Palm Beach Photographic Centre will be presenting FOTOfusion 2002, its
seventh annual international festival of photography and digital imaging. The only
festival of its kind in the country, FOTOfusion 2002 will transform downtown Delray
Beach into the nation's photography capital of the world from January 22-26, 2002.
For the continued success of presenting FOTOfusion throughout the City of Delray
Beach, we respectfully request the following considerations:
1. Endorsement of the event
2. Waving of rental fees for use of facilities, including Commission Chambers, the
first floor conference room, the Mahogany Room and Banyan Orchid Room at the
Civic Center
3. Make and install 4 x 4 event signs on Atlantic Avenue/Federal Highway. Artwork
to be forwarded by the Centre as in previous years
4. Install FOTOfusion banners (provided by the Centre) at all Atlantic Avenue
intersections from Swinton to A1A, and at the parking lot across the street from
the Centre. The banners are ready and could be picked up for installation when
the Christmas Tree Celebration banners are taken down after the first of the year
Attached is a copy of the written request for $5,000, which was approved at the Delray
Beach City Commission meeting in September, 2001, for special event funding.
We are very grateful to the City of Delray Beach for all of their support in helping make
FOTOfusion a great success.
Sincerely,
Fatima NeJame, Executive Director
Palm Beach Photographic Centre
cc: Bob Barcinski
55 Northeast 2nd Avenue
Delray Beaoh Florida 33444
561.276.9797 fax 561.276.1932
FOTOfusion 2001 Actual
EXPENSES
Guest photographers and picture editors (50)
airfare
hotel
Exhibitions
curatorial
matting and framing
rental fees, shipping, insurance, etc
Rising Star Award
Marketing
print advertising
direct mail brochure
free events brochure
postage
T-shirts
30 billboards (production only)
other
Equipment/furniture rental
Space Rental
Refreshments
hospitality suite
Awards banquet
other receptions
Personnel
administrative
technical/production
marketing
Other festival a expenses
phone, electric, office supplies, insurance, rent
TOTAL EXPENSES
15,360
30,000
11,600
6,800
6,400
31,500
27,680
1,800
15,000
2,450
6,300
3,000
2,600
7,400
7,600
16,500
19,500
21,600
45,360
24,800
1,500
87,730
2,500
7,000
17,600
57,600
42,500
$286,590
INCOME
Admissions
Gala dinner
Corporate Support and Grants
Canon
Print File
Time Inc
Hunt Photo
Lee Filters
25,000
2,500
5,000
15,000
3,500
69,000
168,500
1,800
116,290
Other
Tourist Development Council
City of Delray Beach
Other Income
18,000
30,000
5,000
12,290
TOTAL INCOME $286,590
FOTOfusion 2002 Budget
EXPENSES
Guest photographers and picture editors (45)
airfare
hotel
Exhibitions
curatorial
matting and flaming
rental fees, shipping, insurance, etc
Rising Star Award
Marketing
print advertising
direct mail brochure
free events brochure
postage
T-shirts
15 billboards (production only)
other
Equipment/furniture rental
Space Rental
Refreshments
hospitality suite
Awards banquet
other receptions
Personnel
administrative
marketing
Other festival expenses
phone, electric, office supplies, insurance, rent
TOTAL EXPENSES
12,000
28,000
3,000
2,500
3,500
28,000
22,000
2,000
14,000
2,000
3,000
2,000
2,500
6,500
5,500
30,000
20,000
41,500
9,000
1,500
73,000
2,500
6,000
14,500
50,000
19,000
$217,000
INCOME
Admissions
Gala dinner
Corporate Support and Grants
Canon
Print File
Lee Filters
Other
Tourist Development Council
City of Delray Beach
Other Income
TOTAL INCOME
10,000
2,500
3,500
6,000
22,000
25,000
5,O0O
10,000
155,000
62,OOO
$217,000
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MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~. ~- REGULAR MEETING OF DECEMBER 11, 2001
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
December 7, 2001
Attached is the Report of Appealable Land Use Items for the period December 3, 2001 through
December 7, 2001, it informs the Commission of the various land use actions taken by the
designated boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
RefiApagmemo.Appealables.12-04-01
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, I~I~CTOR
ASMIN ALLEN, PLANNER
DAVID T. HARDEN, CITY MANAGER
OF PLANNING AND ZONING
MEETING OF DECEMBER 11, 2001 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 3, 2001
THRU DECEMBER 7, 2001
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of December 3, 2001 through
December 7, 2001.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this
meeting, the appeal period shall expire (unless the 10 day minimum has not
occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City
Commission hears appeals of actions taken by an approving Board. It also provides
that the City Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
Approved (6 to 0, Sexton absent), a request for a Certificate of Appropriateness
associated with the demolition of a non-contributing residential structure at 8 NE
2"d Street (southwest corner of NE 2nd Street and NE 1st Avenue).
Approved (6 to 0), a Class II site plan modification, landscape plan, architectural
elevation plan and a Certificate of Appropriateness associated with making
modifications to a previously approved conversion of a single family residence to
offices for 120 North Swinton Avenue, located on the west side of North Swinton
Avenue, between NW 1st Street and Martin Luther King Jr. Drive.
City Commission Documentation
Appealable Items Meeting of December 11, 2001
Page 2
o
Approved (5 to 0, Bodker stepped down), a Class V site plan, landscape plan,
architectural elevation plan and a Certificate of Appropriateness associated with
the conversion of a single family residence to offices for Forman Office, located
on the west side of NE 1st Avenue, between NE 3rd Street and NE 4th Street (334
NE 1st Avenue). Concurrently, the Board approved the following waivers and
internal adjustments:
· Reduced the required perimeter landscaped buffer along the north and south
sides of the proposed parking area from 5' to 2 ~'
· Reduced the width of the drive-aisle located between the principal and
accessory structures from 24' to 23'.
· Reduced the width of the drive-aisle along the north property line from 20' to 9'.
No Regular Meeting of the Site Plan Review and Appearance Board was held during
this period.
No Regular Meeting of the Planning and Zoning Board was held during this period.
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
December 11, 2001
i
L-3O CANAL
LAKE iDA
NW 2NDST
ATLANTIC
LOWSON BOULEVARD
S W 2ND ST
SW
LINTON BOULEVARD
UNTOH
L-31~ CANAL
A. 8 NE 2ND STREET
B 120 NORTH SWINTONAVENUE
C. FORMAN OFF/CE
C-15 CANAL
CITY LIMrFS
ONE MILE
GRAPHIC SCALE
cl'rY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2001
- - D~GiTAL BASE UAP SYSTEM
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM g. L - REGULAR MEETING OF DECEMBER 11, 2001
AWARD OF BIDS AND CONTRACTS
DECEMBER 7, 2001
This is before the City Commission to approve the award of the following bids:
Bid award in the amount of $3,882,210.00 to Bean Stuyvesant for the beach renourishment
contract. Funding for this kern will be obtained through short-term financing with the enure
cost of the contract later reimbursed from Federal, State, and County appropriations.
2. Bid award to Eagle Painting in the amount of $27,550.00 for the painting of the Pohce and
Fire Headquarters. Funding is available from 334-6112-519-46.10 (Bmldmg Maintenance).
Recommend approval of the above Nds and purchases.
RefiBtd Agmemo 12 11 01
TO:
FROM:
SUBJECT:
DAVID T. HARDE, I~'JCITY M~4NA.GER
PAUL DORLIN CT ANNING AND ZONING
MEETING OF DECEMBER 11~ 2001 ** CONSENT AGENDA**
AWARD OF BEACH RENOURISHMENT CONTRACT FOR
$3,882,210.00 TO LOW BIDDER BEAN STUYVESANT.
The 4th periodic Delray Beach Federal shore protection beach renourishment
project is designed to provide upland protection to public and private property as
well as provide recreation benefits to the general public. The project involves the
pumping of sand from offshore borrow areas onto the beach. The project will
initially increase the width of the beach by approximately 200 feet (100 feet after
equilibrium is achieved)through the installation of approximately 1,100,000 cubic
yards of borrow area sand. The project limits extend from approximately 1,000
feet north of Atlantic Avenue south to 1,500 feet south of Atlantic Dunes Park.
The project is to begin in late January or early February 2002 and will involve
dredging 24 hours a day, 7 days a week for approximately 30 days (weather
permitting). Additional activity will include movement of sand on the beach
utilizing bulldozers.
The City of Delray Beach received three bids for the project ranging in price from
$3,882,210 to $5,905,010. Of the three firms this company, Bean Stuyvesant
was the Iow bidder.
Funds for this item will be obtaining through short term financing with the entire
cost of the contract later reimbursed from Federal, State and County
appropriations.
By motion, award the beach renourishment contract to Bean Stuyvesant in the
amount of $3,882,210.
Attachments:
Bid summary
Project limits
Design plan views
Z
1000 0 'tO00 2000
GRAPHIC SCALE IN FEE"D
ATLANTIC AVENUE
LINTON BLVD.
LEGEND ·
~/./////~ ACCESSIBLE BEACH
PUBLIC ACCESS
· DNR SURVEY MONUMENT
CITY
-R 176
R 17;
R 178
R 179
R 180
R
~EAI
FIGURE 2
LOCATION OF BEACH RENOURISHMENT PROJECT
LIMITS RELATIVE TO PREVIOUS BEACH PROJECT LIMITS
~ ~?~ //
R I !00
/ I~ -_/: ~~,~
DAlE -
US ARMY CORPS DELRAY BEACH RENOURISHMENT PROJECT 1/o4/2OOl
OF ENGINEERS DELRAY BEACH, FLORIDA
JACKSON~E DI~ICT P~N VIEW FIGURE NO.
P~TE I
/----/ I,~_~ "MATCHLINE
Rlg / , .---~-r~, C tEST
l, .'1
i DATE -
US ARMY CORPS DELEA¥ BEACH RENOURISHMENT PROJECT
OF ENGINEERS DELRAY BEACH, FLORIDA
JACKSONVILLE DISTRICT PLAN VIEW FIGURE NO.
PLATE 2
_<t ! / I; J /-- CONSTRUCTION MEAN ~
~/ /I ~..~ ~ HIGH WATER LINE 1'=400'
/
I
189
· I
DATE -
US ARMY CORPS DELRA¥ BEACH ~ENOU~ISH~ENT PROJECT ~/o~/2oo~
OF ENGINEERS DELRAY BEACH, FLORIDA
~ I I ~ JACKSON~ DISTRICT P~N VIEW FIGURE NO.
P~TE ~
L~ ~T~ ~_~ ~ . ~~'~ ~ 7~6ooo
- _~- - ~
N 77SmO '~ '/~ BORROW AREA Il N 776000
...ooo >?/:""7.:/ I
LINTON. '~/D.~ ~l~r -~:' / '
-~ .... R ~90 ~- o ~ N '740000
US ARWY CORPS DELRAY BEACH RENOURISHWENT PROJECT 1/o4/2ool
OF ENGINEERS DELRAY BEACH, FLORIDA
dACKSONV~ D~S~CT BORROW AREA I ~ II P~N VIEW FIGURE NO.
P~ 4
I:IT¥ OF DELIlI:I¥ BEI:II:H
DEIKA¥ BEACH
100 N.W. 1st AVENUE
1993
2OOl To: David Harden, City Manager
From: ~Robert Bareinski, Assistant City Manager
Date:
December 5, 2001
DELRAY BEACH, FLORIDA 33444
Re:
City Commission Meeting December I1, 2001
Painting Police Headquarters and Fire Headquarters
Action
City Commission is requested to award a bid for the painting of Police Headquarters
building and alternatives 1, 3, and 4 to Eagle Painting of Pompano, Florida in the amount
of $27,550.00. Funding is available in account number 334-6112-519-46.10.
Background
Funding was set aside in fiscal year 2002 capital improvement plan for improvements of
certain City buildings. Specifically, $64,750.00 was included for painting the Police
Department Headquarters and the Fire Headquarters.
An invitation to bid for this project was advertised on 11/15/2001 and a pre-bid meeting
was held on 11/19/2001. A bid opening on the project was held on 12/4/2001. The City
received 11 bids, which are reflected on the attached bid tab sheet. Eagle Painting was the
low bidder. Eagle Painting has done a number of projects lately for the City including
the Public Works compound, Tennis Center and the North Water Plant. City staff has
been pleased with Eagle's past performance.
The bid specifications called for a base bid that included pressure cleaning of the roof and
building and painting of the exterior of the Police Department Headquarters. All
buildings will have one coat of primer and two coats of first line acrylic paint applied.
The contractor must guarantee his work for three (3) years and the paint manufacturers
must warrant the paint product for five (5) years. Four (4) alternatives were included in
the bid documents. The alternatives were as follows:
561/243-7000
THE EFFORT ALWAYS MATTERS
Page #2
Alternative #1: Was for pressure cleaning of firing range and roof and painting of the
firing range, which is located south of the Police Department Headquarters.
Alternative #2: An addendum was issued, which incorporated the work called for in
alternative 2 into the base bid. Alternative 2 was subsequently deleted.
Alternative #3: Painting and pressure cleaning of the 6' exterior border wall around the
Police Department complex.
Alternative #4: Incorporates pressure cleaning and painting of the exterior of the Delray
Beach Fire Headquarters building, including lights, railing and wrought iron work. Due
to the hurricane hardening project, which calls for the redesign of the Cupolas at the Fire
Station the painting contractor cannot begin painting the Fire Department until after this
project is completed, which is anticipated to be in June 2002.
Recommendation
Staff recommends approval of a bid award to Eagle Painting in the amount of $27,550 for
the base bid and alternatives 1, 3, and 4 with funding from account number 334-6112-
519-46.10.
File u sweeney/agenda
Doc:Painting Police Headquarters and Fire Headquarters
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Request to be placed on:
x Regular Agenda
When: December 11,
AGENDA REQUEST
2001
Special Agenda
Agenda Item No:
Workshop Agenda
Description of agenda item (who, what, where, how much): City Commission is requested
to award a bid for the painting of Police Headquarters building and
alternatives 1, 3, and 4 to Eagle Painting of Pompano~ Florida in the amount
of $27,550.00. Funding is available in account number 334-6112-519.46.10.
ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature. ~"~~ ~ ~~~' ~'~//.5'//~/
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding Available~0
Funding alternatives:
Account No. & Description:
Account Balance:
City Manager Review'
Approved for agenda~/NO ~
Hold until:
Agenda Coordinator Review:
Received:
Actmn:
Approved/Disapproved
(if applicable)
[lTV JIF BELRI:I¥ BEI:I[H
DELRAY BEACH
1993 FROM:
2ool
SUBJECT:
100 N.W. lstAVENUE DELRAY BEACH, FLORIDA 33444
MEMO DUM
David T. Harden, City Manager
l~obert A. Barcinski, Assistant City Manager
AGENDA ITEM - DECEMBER 11,2001 APPROVAL OF LICENSE -
AGREEMENT - CAUSE EVENTS, INC.
DATE:
December 5, 2001
561/243-7000
Action
City Commission is requested to approve a license agreement with Cause
Events, Inc for use of the Tennis Center and other City facilities for "Sportsfest
2002" to be held on Saturday, March 23, 2002 from 10:00 a.m. until 11:00 p.m.
Background
Attached is a proposed agreement with Cause Events, Inc, for exclusive use of
the Tennis Center and Stadium for 'Spartsfest 2002" to be held on March 23,
2002. The agreement is similar to other agreements for use of the Tennis Center
and Stadium. Highlights of the agreement are as follows:
· Cause Events will be responsible for staging, production, management,
promotion, and advertising the event.
· Cause Events will be responsible for all concessions.
· Cause Events will pay facility rent and will pay costs for utilities, clean up, and
Police and Fire overtime.
· The City will provide slgnage and barricading assistance as well as make
parking lots available for the event.
The event is to include Golden Gloves boxing matches as well as other possible
sporting events. Attached is an estimate of revenue and expenses for this event.
This is a new event proposed for the Tennis Center and Stadium.
Recommendation
Staff recommends approval of the proposed license agreement with Cause
Events, Inc. for 'Sportsfest 2002" to be held on March 23, 2002 from 10:00 a.m.
until 11:00 p.m.
RAB:tas
CC:
Brahm Dubin
Barbara Garito
Rle..u..sweeney/event~
Doc:Cause Evenfs Boxing Mcr/ch 2002.
PrJ~!ed O~, Recycle~ Paper
THE EFFORT ALWAYS MATTERS
~2/05/200~ ~0:23 56~2652752 9Ui~N & ASSOCIATES PAGE 82
Cause Events, Inc.
March 23, 2002
Estimated IncomeJExpense$
Rent : 3,000.00
Facility Fee (2,000 people @ $.50 pp) 1,000.00
Utilities : 5oo.oo
Trash Removal 250.00
Clean-up : 750.00
City Electrician 250.00
Flooring ($.35 per sq. fi.) $ 3,600.00
Facility Supervision $ 400.00
Police & Fire $ 6,600.00
$
Expenses
City Electrician
Restroom Supplies
On & Offsite Signage
Trash Removal
Labor
Police & Fire
250.00
50.00
500.00
250.00
3,000.00
6,600.00
$. t0,6S0.00
Net Profit
Cat]el EreCtS, 12/5/01.10:00 AM
LICENSE AGREEMENT
THIS AGREEMENT made this (--f day of,eO~f~',m,~f,,t~ 200_ by and between the
CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida
(hereinafter referred to as "City"5 and CAUSE EVENTS, INC., (hereinafter referred to as
"Licensee").
WITNESSETH:
WHEREAS, City owns and controls certain park land upon which is located the Delray
Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and
WI-IEREAS, Licensee has presented to the City that it would like to use the Tennis
Stadium and accessways thereto (Tennis Center) for the sole purpose of presenting the event
known as "Sportsfest 2002" (hereinafter referred to as the Event); and,
WHEREAS, the License shall be for the non-exclusive use of the Tennis Center for
the event beginning on Saturday, March 23, 2002 at 10:00 a.m. and ending on March 23, 2002 at
11:00 p.m.. Licensee shall be allowed to move in on March 21, 2002 after 12:00 p.m. and shall
be completely moved out by March 25, 2002 at 6:00 p.m.
WHEREAS, for the purpose of this Agreement, the City's designee shall be JCD Sports
Group, Inc. or its designee, unless the City notifies Licensee to the contrary; and,
WHEREAS, City has determined that it is in the public interest to enter into an
agreement with Licensee to put on the event at the Tennis Center.
NOW, THEREFORE, it is mutually agreed as follows:
1. Incorporation of Whereas Clauses. That the provisions set forth and the clauses
set forth above and commonly referred to as "WHEREAS" clauses are hereby incorporated into
the body of this agreement and shall have full force and effect herein.
2. Purpose. The parties agree that Licensee shall promote and produce the Event in
a manner which complies with community standards and appeals to the interest of the general
public, and use its best efforts to promote this Event at the Tennis Center. Licensee, at its sole
cost and expense, shall provide management and personnel experienced in the promotion and
production of the Event and for the purpose of supervising and directing Licensee's obligations
under this agreement.
3. Licensee's Rights for the Event. Licensee shall have authority, subject to the
provisiofis and limitations set forth in this agreement, to enter into contracts or agre. ements to put
on the Event. All such contracts shall be negotiated and executed by Licensee in its name and
shall not be contracts and obligations of City. All contracts entered into by Licensee shall
specifically contain language which provides that City is not a party to such agreement and is not
obligated in any manner by any of the terms therein. The Licensee's rights are subject to the
rights and limitations and obligations that currently exist between the City and Coca-Cola of
Florida.
4. Facilities and Services Provided by City.
Unless otherwise herein specified, City shall be responsible for, or agrees to provide, the
following facilities and production assistance in connection with the conduct of and staging of
the Event:
(a)
Co)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
~j)
(k)
(t)
use of a stadium court;
television tower and platform and all necessary electricity to provide power to the
tower and platform throughout the Event;
a public address system;
parking for boxholders, players, sponsors, ticketholders, press, staff, and
volunteers (Licensee to implement, manage and staff parking, including reserved
areas);
all electrical power and one on-site electrician (all costs and expenses are
Licensee's responsibility) for the duration of the Event (hook-ups not included);
adequate space for and operation of concessions, retail booths, etc. (Licensee shall
place and operate the concessions and retain all revenues from its concessions and
retail booths);
restroom facilities and supplies;
additional courts for pro-am, clinics, etc., as mutually agreed;
the use of areas for celebrities, press, press interview, volunteers, officials, ticket
office, and VIP hospitality and the use of locker rooms, as mutually agreed. Areas
should include tables, chairs, furniture and air conditioning, as mutually agreed;
on and off-site directional signage;
all necessary permits;
mutually agreed upon marketing support of the Event; and
(m)
(n)
5.
access to utilities to include but not be limited to water/sewer, electric/lighting;
reasonable use of the locker room at the Community Center.
Sta~in~ and Production of the Event.
The organization, staging, and conduct of the Event will be the responsibility of the
Licensee, which responsibilities shall include the following:
(a)
(b)
(c)
(d)
(e)
(g)
(h)
(i)
(J)
(k)
(1)
handling ticket and box office sales;
Obtaining an Event Director, all personnel involved in the Event, and the Event
participants;
Administering the entire Event;
Setting up each Event on-site and handling all activities of the Event;
Soliciting sponsorship sales and television rights sales for the Event;
Handling promotions, advertising, sales, public relations, and program production
for the Event;
Liaising with the charity beneficiaries selected by Licensee for the Event;
Licensee shall be responsible for site clean-up of restrooms and for garbage pick-
up;
Licensee is responsible for covering courts as set forth in Paragraph 7 if VIP tents
are to be set up or if needed to cover courts used for contents;
Licensee shall pay for all dumpsters needed for the event;
Licensee shall pay for all expenses relating to phone usage by Licensee,
including, but not limited to, hook-up, dial tone, and usage charges;
Licensee shall handle and be responsible for all security measures concerning the
Event, including but not limited to, the box office and ticket sales.
6. Ticketmaster.
(a) City, or its designee, shall provide the box office on March 23 from 9:30 a.m.
until 11:00 p.m. and one (1) Ticketmaster ticketing machine. The City has entered into an
exclusive agreement with Ticketmaster-Florida, Inc. which provides that all tickets must be
purchased through Ticketmaster. Furthermore, nothing in this Agreement shall be contrary to any
provision in the agreement between the City and Ticketmaster-Florida. if it is"~le'termined by a
3
court of competent jurisdiction that any provision of this Agreement is contrary to any provision
of the agreement between the City and Ticketmaster-Florida, then the provisions found in the
agreement between the City and Ticketmaster-Florida shall govern.
Co) In full payment for the ticket services, Licensee agrees to City imposing a three
percent (3.0%) charge against ticket proceeds where such proceeds are generated through credit
card sales and five cents ($.05) per ticket for ticket stock. Licensee agrees to the City collecting
a facility charge as set forth in Exhibit "A" per ticket sold for the Event. City acknowledges that
no other amounts will be charged to Licensee (other than payment of state sales tax) for ticketing
for the Event.
(c) City shall pay ninety percent (90%) of all amounts due to Licensee within five (5)
working days after the City receives a check from Ticketmaster-Florida, Inc. City shall pay the
balance of the remaining ten percent (10%) to Licensee within 60 days after the completion of
the Event, less amounts for which refunds have been issued. If Licensee fails to hold the Event
as scheduled, Licensee shall be responsible to Ticketmaster-Florida, Inc. for all refunds incurred
as a result of the cancellation or rescheduling, up to the face amount of the ticket price per ticket
purchased and refunded plus any additional credit card fees that may be imposed.
7. Installation of Flooring {Excluding Stadium Court).
The CITY shall provide, at Licensee's option, up to 10,000 square feet of temporary
flooring for the Event, excluding the Stadium Court. Licensee shall be responsible for paying all
costs up to and not to exceed three thousand five hundred dollars (US$3,500) for installation of
the 10,000 square feet of flooring. The City shall be responsible for the actual installation of the
floor. If more than 10,000 square feet of flooring is required by Licensee, then Licensee shall
pay all costs involved in obtaining such additional flooring and for all costs of installation of the
additional flooring. Licensee shall be liable for damage to the courts if such court covering is in
place and if the courts are damaged by persons or events that Licensee has a duty to control.
8. Independent Contractor Status. It is understood between the parties that the
relationship of City and Licensee is that of an independent contractor. Licensee shall have no
authority to employ any person as an employee or agent on behalf of the City for any purpose.
Neither Licensee or any person engaging in any work relating to Licensee's rights and
obligations set forth herein at the request of or with the consent (whether actu. a.1 or implied) of
Licensee shall be deemed an employee or agent of City, nor shall any such person represent
himself to others as an employee or agent of City. Should any person indicate to Licensee or any
employee or agent of Licensee, by written or oral communication to Licensee, that the person
believes Licensee or an employee or agent of Licensee to be an employee or agent of City,
Licensee shall use its best efforts to correct or cause its employee or agent to correct that belief.
9. Compliance with Licensing Requirements. Licensee, prior to commencement
of any activities pursuant to the provisions of this agreement, shall comply with applicable
federal, state, county and City requirements, laws, rules and regulations and all licensing
requirements and receive all necessary permissions, permits, approvals and licenses which are
required to perform the activities of producer and promoter as set forth herein.
10. Compliance with Laws. Licensee agrees to comply with all applicable federal,
state, county, and local laws and regulations regarding non-discrimination and specifically agrees
not to discriminate against any person on the basis of color, race, religion, age, creed, sex,
national origin or disability.
11. Concession Rights. The Licensee has the sole and exclusive right to sell or give
away food and beverages and any and all other consumables, and to control the concessions
referred to above and to approve the sale or give away of the above. Licensee shall not have the
right and shall not offer for sale or give away any items reserved to Coca-Cola of Florida by
Agreement with the City, nor shall this Licensee confer any rights to revenues for public or
private parking. Licensee, its agents or assigns, shall have the limited right to engage in
concessions with regard to merchandise. All concessions must be approved 48 hours in advance
of scheduled Event by the City or its designee. The City reserves the right to reject the sale of
any and all concessions 48 hours before the Event. However, in no event shall the sale of any
facsimile of any weapon, silly string, poppers or any similar item be allowed. (This provision
may also be enforced by the City Police Department). In addition, Licensee may provide
temporary structures at its own expense, for the sale of concession items provided that the size,
construction and location of such temporary structures shall not impede the normal and safe flow
of vehicular and pedestrian traffic and shall comply with all applicable laws and regulations. In
providing the merchandise concession service, Licensee or any person, firm or corporation with
whom a contract for such purpose (hereinafter referred as "Concessionaire") shall comply with
the following provisions provided, however, that Licensee shall remain ultimately responsible to
City for all obligations required of the Concessionaire:
(a) Concessionaire shall, prior to commencing any activities, obtain any and
all permits and licenses that may be required in connection with the operation of this
concession.
(b) Concessionaire shall not sell or give away or otherwise dispose of any
commodity which in the opinion of the City shall cause undue litter.
(c) All food, confections, beverages and refreshments, etc. sold or kept for
sale shall be first class and quality, wholesome and pure, and in accordance with
Department of Health requirements and shall conform to all federal, state, county and
municipal laws, ordinances, rules and regulations in all respects.
(d) Concessionaire may, at its expense, furnish additional equipment and
fixtures to be utilized in the concession. Concessionaire shall submit plans and speci-
fications concerning fixtures and equipment to City for approval at least one week prior
to installation of any items. For the purpose of this agreement, "fixture" shall be defined
as anything annexed or affixed to a building or structure or which appears to be so affixed
or annexed, regardless of whether it is capable of being removed.
(e) The Concessionaire shall provide all maintenance, repair and service
required on all equipment used on the concession.
(f) Concessionaire shall keep all fixtures, equipment and personal property,
whether owned by Concessionaire or City, in a clean and sanitary condition and shall
cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by
City. All state health laws and state health department regulations must be strictly
complied with. All janitorial services necessary in concession area shall be provided by
Concessionaire at Concessionaire's expense.
(g) Concessionaire agrees to dispose of all refuse and garbage, in compliance
with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to
keep outside container areas cleaned at all times.
(h) If the concession is operated by a person, firm or corporation other than
Licensee, such person, firm or corporation shall at all times maintain workers'
compensation insurance coverage for all employees which it employs within the areas and
facilities covered by this Agreement, together with the policy or policies of public
liability and products liability insurance and provides limits of at least One Million
($1,000,000.00) Dollars for combined single limit coverage; and provide fire legal
liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies
shall provide that they will not be canceled or amended without at least ten (10) days
written notice to the Risk Manager of City and shall name City, and its designee, its
officers, agents and employees as additional insureds.
12. Utilities and Clean-Up. City shall provide and Licensee shall pay for all utilities
which shall include, but not be limited to, electricity, water, sewer, telephone, and trash removal
and shall also pay for maintenance and cleanup during and upon completion of the event. City
shall pro. vide and Licensee shall pay for at least one male and one female maintenance personnel
to insure the restrooms are maintained and kept clean during and after the even~: An estimate of
these costs shall be provided by the City's designee to License; provided however that the
Licensee shall pay all costs including those in excess of the estimate.
13. Event Personnel and Equipment. Licensee shall provide all personnel needed
for the Event, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians
and stage hands. Licensee shall be responsible for the installation or removal of any additional
staging or sound and/or lighting which is to be utilized for the Event or any other equipment of
any type or nature which is needed for the Event. Licensee shall designate a management
representative in a timely manner who will coordinate the Event with the City and its designee.
Licensee shall be responsible for the costs of City employees such as, but not limited to, a City
electrician as may be required for the event. Licensee shall be responsible for the cost of all
chair rentals that may be required and the cost of all staging, lighting and sound equipment,
except as otherwise stated in this Agreement.. Licensee shall be responsible for the cost of all
repairs needed to the tennis center when repairs are not the result of normal wear and tear.
Licensee and the City's designee shall perform a "walk through" before and after the Event.
14. Police~ Securitv and Emerl~encv Personnel. Licensee agrees to make
arrangements with the City Police Department and City's designee to provide for City police
personnel which the City determines, in its sole discretion, is necessary for the Event. Licensee
shall pay the officers at a rate to be determined by the City based on an analysis of the number of
officers available to work the event, the number of officers required by the event and other
factors within the sole discretion of the City. Licensee shall, at least thirty (30) days prior to
the Event, consult with the Chief of Police or his designee and the City's designee to determine
the proper scheduling of security for the Event and the rate that will be applicable for the Event.
Also, Licensee shall contact the City Fire Department and the City's designee to make
arrangements for Emergency Medical Service personnel to be present at the Event at Licensee's
expense.
15. ..City's Right to Control Premises. City or its designee at all times reserves the
right to eject or caused to be ejected from the premises any person or persons violating (or to
keep persons from violating) any of the rules or regulations of the Tennis Center or any city,
county, state or federal laws, and neither the City, its designee nor of any its officers, agents or
employees shall be liable in any manner to Licensee or its officers, agents or employees for any
damages which may be sustained by Licensee through the exercise of this right by City or its
designee.
16. Par[tint and Signage. The City shall provide parking spaces on City owned or
controlled property for the Event which the City in its sole discretion determines it can make
available without adversely impacting other public parking needs. The provision of available
public and private parking and parking revenues is subject to the City's reserved rights in all
concessions including parking. Licensee shall be responsible for obtaining all additional parking
that may be necessary to provide sufficient parking for the Event, including such additional
parking as may be necessary in the opinion of the City, in order to ensure adequate parking is
provided for the Event.
17. Sta~,e. Licensee shall pay the labor cost to install, remove and maintain the court
covers provided by the City for use on the Stadium Court. Such labor cost shall be $0.35 per
square foot. Licensee shall be liable for damage to the court if such court covering is in place
and if the court is damaged by persons or events that Licensee has a duty to control. Licensee
will have access to the existing public address system for use during the Event.
18. Insurance. Licensee shall obtain insurance at its own cost and expense of the
type, nature, and amount and pursuant to the terms which are set forth on Exhibit "B" which is
attached hereto and incorporated herein by reference. The City and its designee shall be named
additional insureds on all insurance certificates.
19. Right to Enter. City and its designee and authorized agents and employees shall
have the right to enter upon the subject premises at any and all reasonable times for the purpose
of inspection and observation of Licensee's operation to assure that requirements of this
agreement are upheld and that no violations of the rules, statutes, ordinances or regulations have
occurred or are occurring. Said inspections may be made by persons identified to Licensee as
City employees or City designees authorized for such inspection or may be made by independent
contractors engaged by City or its designee. Nothing contained herein shall be deemed a waiver
of Licensee's obligation to hold the Event as provided in this Agreement.
20. Conclusion of Performance. All performances shall end no later than 11:00
P.M. unless otherwise approved by the City, or its designee.
21. Alterations. Licensee shall not make any alterations, additions or improvements
to the T4nnis Center or any part the. reof without the prior approval of City or its..cle.signee.
22. Notice of Defects. Licensee shall report safety deficiencies or any defects it
notices on the premises immediately to City's Risk Manager and the City's designee and shall
cooperate fully with City and its designee in the investigation of accidents incurring on the
subject premises.
23. Indemnification. Licensee does hereby release and agree to indemnify, defend,
save, and hold harmless the City, its designees, off~cers, agents and employees from and against
all claims, actions, causes of action, demand, judgments, costs, expenses, and all damages of
every kind in nature incurred by or on behalf of any corporation, person, or governmental
authority, whatsoever predicated upon injury or death of any person or loss over damaged
property of whatsoever ownership, or copyright infringement arising out of or connected with,
directly or indirectly, Licensee's operation pursuant to the terms of this agreement, whether or
not the incident giving rise to the injury, death, loss or damage occurs within or without the
premises.
24. Release. Licensee acknowledges and agrees that City, its designee, officers,
agents and employees assume no responsibility whatsoever for any property placed in the
premises provided for herein and City, its designee, officers, agents and employees are expressly
released and discharged from any and all liability for any loss, injury, damage, theft, vandalism or
other wrongful acts or acts of any kind or nature resulting in damage or loss to persons or
property which may sustained by Licensee's use of the premises. Licensee further expressly
waives any and all claims for compensation for any and all loss or damages sustained by reason
of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply,
equipment or wires furnished for the premises or by reason of any loss or impairment of light,
current, or water supply which may occur from time to time for any cause, or by reason of any
loss or damage sustained by Licensee resulting from fire, water, hurricane, tornado, civil
commotion, riot, theft or other acts of God, and Licensee hereby expressly waives all right,
claims and demands and forever releases and discharges City, its designee, officers, agents and
employees from any and all demands, claims, actions and causes of actions arising from any of
the causes aforesaid.
25. Taxes. Licensee shall pay any and all taxes levied on the property by reason of
Licensee's use thereof pursuant to the provisions of this Agreement and on any personal property
and improvements belonging to License located on the premises and all applicable sales, use,
rental and other taxes which may be levied against its operation.
26. Lieense~ Fees. Licensee shall pay to City for the rights and privileges granted
herein Three Thousand Dollars ($3,000.00) plus state sales tax and all taxes as referenced above
for the use of the Tennis Center for the Event. One-half of the payment is due upon Licensee
signing this Agreement and the balance is due seventy-two (72) hours before the date and time of
the scheduled Event, in the form of a cashiers check. These fees are in addition to any other fees
or reimbursements of whatever nature required or provided under this Agreement. The License
fees paid by Licensee to City shall be forfeited if the Event is cancelled by Licensee.
27. Tennis Center Capacity and Complimentary. Tickets. Licensee shall not admit
to the Tennis Center a larger number of persons than the approved capacity it will safely
accommodate. City shall receive thirty (30) admission tickets at no charge. The location of the
thirty (30) ticketed seats shall be mutually agreed upon and the tickets shall be received by the
City prior to the public sale date.
28. Advertising Revenue. Licensee shall be entitled to retain all advertising and
sponsorship revenues generated by advertisers or sponsors of the Event promoted by Licensee at
the Tennis Center; provided, however that the City and its designee have the right to approve all
advertising and its location, and to retain all advertising and sponsorship revenues generated by
the City and its designee.
29. Failure to Pay. Other than the payments referred to in Paragraph 26 which are to
be paid as provided in Paragraph 26, if Licensee neglects to make any other payments to City
within ten (10) business days after the day on which the payment is due and owing, Licensee
shall pay to City for such privilege, an additional charge of Twenty-Five ($25.00) Dollars per day
for each day's delay in payment, retroactive to and beginning with the first day of the
delinquency or the City may assess interest at 12% whichever is greater. City's right to assess
the penalties for payment made later than the day upon which payment is due and to keep all
deposits in the event of cancellation, shall be in addition to its right to terminate the license and
its rights to seek all other damages and compensation as permitted by law.
30. Accounting and Right to Audit. Licensee shall provide a complete accounting
of all revenues that the City has rights to receive a portion of, in conjunction with the Event, in
accordar[ce with generally accepted accounting principals, when payment is ten~l.ered to the City.
10
City shall have the right to audit and review Licensee's financial records as they relate to or
pertain to/he Event.
31. Waiver of Breach. Neither the waiver by City or its designee of any breach of
the Agreement, condition or provision of this Agreement or the failure of City or its designee to
seek redress for violation of or to insist upon strict performance of, any agreement, condition or
provision, shall be considered a waiver of the Agreement, condition or provision, or any
subsequent breach of any Agreement, condition or provision. No provision of this Agreement
may be waived except by written agreement signed by the City and Licensee.
32. Deposit. Upon agreement by the parties, Licensee shall deposit with the City
some form of security acceptable to the City to cover the cost of refunding tickets for Events.
The security shall be a certified or cashier's check payable to City or a bond executed by a surety
or sureties approved by City, naming City as principal and City as obligee, or other security
acceptable to the City. The security shall be conditioned upon the faithful performance by
Licensee of all of the terms of this Agreement and may also be used to refund ticket sales for the
event which did not occur, and such portion as may be due shall be returned to Licensee at the
termination of this Agreement, so long as Licensee was not responsible for damages to the
Tennis Center, normal wear and tear excepted.
33. Controlling Law. This agreement shall be deemed to be made and shall be in
accordance with the laws of the State of Florida which will be controlling in any dispute that
arises pursuant to this Agreement.
34. Entire Agreement. This Agreement constitutes the entire agreement between
City and Licensee and may not be altered, amended, or modified except by an instrument in
writing signed by the parties to the agreement with all the same formalities as this agreement.
35. Force Maieure~ Strikes and Unavoidable Causes. City shall not be responsible
for its failure to make the premises available or to provide the facilities and services described
herein, where such performance is rendered impossible and impractical due to strikes, walk-outs,
acts of God, inability to obtain labor, materials or services, government restriction (other than
City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts,
or similar causes or any other causes beyond the control of City.
36. Sublicense and Assignment. Licensee shall not sublicense the subject premises
or any pi~rt thereof or allow the same to be used or occupied by any person or,£or_ any other use
11
than that herein specified, nor assign said Agreement nor transfer, assign or in any manner
convey any of the rights or privileges herein granted without the written consent of City. Neither
this Agreement nor the rights herein granted shall be assignable or transferable by any process or
proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy
either voluntary or involuntary or receivership proceedings.
37. Notice. Any notice or communication under this agreement shall be in writing
and may be given by registered or certified mail. If given by registered or certified mail, the
notice or communication shall be deemed to have been given and received when deposited in the
United States Mail, properly addressed, with postage prepaid. If given otherwise, than by
registered or certified mail, it should be deemed to have been given when delivered to and
received by the party to whom it is addressed. The notices and communication shall be given to
the particular parties at the following addresses:
CIO,: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Licensee: Cause Events Inc.
6875 N.W. 15th Street
Plantation, Florida 33313
Either party may at any time by giving ten (10) days written notice designate any other person or
entity or any other address in substitution of the foregoing to which the notice or communication
shall be given.
38. City's Name/Loeo
The City shall have its name/logo included in all print, radio, and television advertising
created by Licensee to promote the Event.
39. Subtitles and Captions. Paragraph headings are for reference purposes only and
in the event that such paragraph headings conflict with any of the substantive paragraphs of this
Agreement, the paragraph headings shall be disregarded.
40. This Agreement is not effective until signed by the Mayor.
12
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their proper officials on the day and year first above written.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
wrI'NESSES:
(Name printed or typed)
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
(Name printed or typed)
COUNTY OF F~-t-m ~
The foregoing instrument was_acknowledged bq~e me this Yq~'_ day of
~c.. , 200~, by [~,{,'~Le./~ .~-~at.~tml:~O.~, as .~-"~a, c4o:_~_ _
(name of officer or agent, title of officer or__agent), of "'"JC act. t.e 2"ve,',,-'/-s_. )r~ ·
(name of corporation acknowledging), a .[~/_ ~,-. (state or place of incorporation)
corporation, .on behalf of the corporation. He/She is personally known to me or has produced
c:~r,,.t.~ [~t ~ e (type of identification~'T~nfificafio~_ .
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
13
EXHIBIT "A"
Facility Charge (Ticketmaster) Charge per ticket as follows:
Ticket Price
Charge
.$10 & under
$ .25
$11 - $15 $ .50
$16 & over $1.00
EXHIBIT B
· Initials
INS_URANCE REQUIREMENTS OF THE CITY .O.F. DELRAY BEACH
FOR
AGREEMENT WITH CAUSE EVE.NTS, INC.
CAUSE EVENTS, INC. ("CSI") shall not commence operations under the terms of this
Agreement until certification or proof of insurance, detailing terms and provisions of
coverage, has been received and approved by the City of Delray Beach Risk Manager. If
you have any questions call (561) 243-7150.
The following insurance coverage shall be required.
Ao
Worker's Compensation Insurance coveting all employees and providing benefits
as required by Florida Statute 440 and including Employers Liability coverage,
regardless of the size of your fn'm. CSI further agrees to be responsible for
employment, control and conduct of its employees and for any injury sustained by
such employees in the course and scope of their employment.
Comprehensive commercial general liability insurance to include coverage for
premises and operations, independent contractors, broad form contractual
liability, personal injury, and if items are sold, products and/or liquor liability, in
connection with the contractual relationship and activities being done under this
agreement. The policy will be endorsed to include the City of Delray Beach and
it's designees named as additional insureds.
The insurance will be written on an occurrence basis with the limits of liability
not less than $2,000,000.00 combined single limit per occurrence, and as an
annual aggregate, covering bodily injury, property damage and personal injury.
Motor Vehicle Liability Insurance covering all vehicles associated with CSI
operations to include all owned, non-owned and hired vehicles.
The coverage will be written on an occurrence basis with limits of liability not
less than $1,000,000.00 combined single limit per each occurrence.
Do
The certification or proof of insurance must contain a provision for notification to
the City thirty (30) days in advance of any material change in coverage, non-
renewal or cancellation.
CSI shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by
the provisions set forth above, thirty (30) days prior to the holding of the event. If so
requested by the City, certified copies of insurance policies will be provided by the
CHARITIES.
If any of the above coverages expire during the term of this agreement, CSI will provide
a renewal certificate at least ten (1 O) days prior to expiration.
Mail to ' City of Delray Beach, Attn. Risk Manager, 100 N.W. ist Avenue, Delray Beach, Florid~ 33444.
mlll. ennlum rm~lorml even~ ~4 ~ l~Z elg/l?/O1 0~
6~:~ N,W. ISTM b~.
F.x. (9~4}
September 17~', 2001
Brahm Dubin
JCD Sports Group
2200 Hil~hlaod Ave
Delray Beach, FL 33445
Dear Brahm:
It was a ple~sore meeting with you and Para Gcrig of the Palm Beach Spozts Commtssion last wcck
about the Goldm Oloves invitatio~al C~ampimship and Sports Fest 2002 too be held at the Tennis
Center in Delray oa March 23'~ of 2002. As I explalnod to you at the meeting, there are two factors
that have come up that require me to chan~e the dato froai January to Marc~. The first and foremost
is that Golden Gloves and USA Boxing have secured international fighters from the Bahamas,
Trinidad and-other countries that would only be available in March. The other Actor is that I have
received a commitment from a major sponsor for the March date. They arc releasing a new product
and would use this eveat in Dotray as its launch event. I am ver~ excited about thc opportunity in
froat of us. I believe this will bc the first in a series of' boxing ma',:hes as well as festivals that we
can hold at thc Tennis Center. To follow is the out linc ofwhat t~e event will enr, ompass.
The event will be a me-day event and an opportunity ix the public not o~ly to be able to watch but
in some instances participate in certai~ events. My vision is the there will be some typo or' Tennis
Evcm,/fundraiser as well as other interactive spo~ activities all leading up to tho Golden Gloves and
final boxing match, We will also bc having a Collectables and Sports memorabilia show. musical
cntc~cainmmt and food concessions.
] am Iook~g forward to creating and producing what will be one of the best evc~ of it's
BEYOND TIlE PKEDICT,4BI,~ .......... . . . ,
£1T¥ UF DELI:II:i¥ BEI:I£H
1993
2001
100 N.W. 1st AVENUE
MEMORANDUM
DELRAY BEACH, FLORIDA 33444 561/243-7000
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
~obcrt A. Barcinski, Assistant City Manager
December 6, 2001
AGENDA ITEM CITY COMMISSION MEETING
DECEMBER 11, 2001, ADDITIONAL INFORMATION/
BONUS PAYMENT JCD SPORTS GROUP
At the last meeting, Commission questioned the reasons for the net income reduction for
Lakeview Golf Course. I have attached a memorandum from Mr. Dubin, which I believe
answers the questions. Also attached are comparative income statements for both golf courses.
In addition, I would like to add that the performance measures that were approved for FY 2000-
01 were developed last October and unaudited numbers contained in the income statements were
used in developing projections. The unaudited net income amount for Lakeview Golf Course
was approximately $188,000, which is what the projection for FY 2001-02 was based on. The
audited net income was $159,255. What I did not do was compare this projection to the
budgeted net income for FY 2001 prior to finalizing all projections.
I have also attached a copy of the minutes from the 11/07/00 Commission meeting when the FY
2000-01 performance measures were approved.
If additional information is required prior to the meeting, please let me know.
RAB/gb
Attachments
cc: Brahm Dubin
\\CAROLINA~Baucr$~RABX~Agenda Item Re ]~gnus P~l.yment JCD.dl~c
I HE I:.FFORT ALWAYS MATTERS
Prtnted on Recycled Paper
' · 12/85/2881 16:34 5612652752 DUBIN & ASSOCIATES PAGE 82
MEMORANDUM
TO: BOB BAKCINSK/
FROM: BRAH~ DUBIN
SUBJECT: LAKEVIEW
DATE: 12/05/01
CC: SHARON PAINTER
Attached please find compm"a~ive income statements m re~$ tO Lakeview Golf Club for
the fiscal years ending 1998, 1999, 2000 and 2001 prepared by Becky O'Connor, Treasure~
for the City of D~k~ay Beach.
Highlights Include:.
Audited Audited Audited Budgeted Unaudited
1998 1999 2000 2001 Actual
Net Income $72,188 $54,,324 $159,255 $'r/,999 $8S,368
We bcheve that fl~c closing of Sherwood Park Golf Club and the first full season at
Lakevie~ with a new clubhouse and newly renovated tees and greens, resulted in a banne~
year for 2000. Our budget reflects adjustments made in 2001, m anticipation of the
reopening of Sherwood Park Golf Club.
Please note that we exceeded Our bud~_, t .range. ~o~ in year 2001, ~'tich are in line with
prior years (1998, 1999).
We believe that meeting budget is important, a~ well ~s adhering to the City's philosophy
that maximizing profit should not be our ultimate goal.
We believe that customex' satisfaction md excellent course conditions should be out goal.
Without a doubt, we hav~ achieved both customex satisfaction and excellent course
conditions this past year,
Major differences between 2000 and 2001 include:
2OOO
2001 Vmisnce
Golf Phyc~wd
Golf Course Maintenance
Mtscellaneous Revenue
Sl 49,720 $125~.18 ($24,502)
$189,111 $207,213 ($18,102)
$ 21,761 $ 6,738 (S15,023)
In year 2000, the City booked $14,700 to miacellaneous revenue, for the mower donated by
Sherwood Park Golf Club.
We hope this memo satisfactorily addresses the concerns of'City Commission,
CITY OF DELRAY BEACH
LAKEVIEW GOLF CLUB
COMPARATIVE INCOME STATEMENTS
OPERATING REVENUES:
RESTAURANT SERVICES
GOLF COURSE FEES (1)(2)
MISCELLANEOUS REVENUES
TOTAL REVENUES
OPERATING EXPENSES:
RESTAURANT SERVICES
GOLF COURSE COSTS (1)
DEPRECIATION/AMORTIZATION
TOTAL OPERATING EXPENSES
OPERATING INCOME
NON-OPERATING REVENUES(EXPENSES):
INTEREST EARNINGS
INTEREST EXPENSE
TOTAL NON-OPERATING
REVENUEI(EXPENSE)
INCOME BEFORE TRANSFERS
OPERATING TRANSFER IN (OUT)
OPERATING TRANSFERS
NET INCOME
ORIGINAL
AUDITED AUDITED AUDITED UNAUDITED BUDGET
FY 98 FY 99 FY 00 FY 01 FY 0'1
14,218 18,551 23,957 23,918 25,000
634,448 785,562 929,746 895,342 932,000
9,605 5,757 21,761 6,738 10,000
658,271 809,870 975,464 925,998 967,000
7,328 7,678 10,712 11,423 10,290
432,592 510,798 552,858 575,097 655,384
22,045 67,127 89,953 89,953 67,127
461,965 585,603 653,523 676,473 732,801
196,306 224,267 321,941 249,525 234,199
27,930 9,669 7,296 6,743 8,000
(136,048) (163,612) /150,982/ (145,400) (145,400)
(108,118) (153,943) (143,686) (138,657) (137,400)
88,188 70,324 178,255 110,868 96,799
(16,000) (16,000) (19,000) (25,500) (19,000)
72,188 54,324 159,255 85,368 77,799
NON-OPERATING REVENUES (EXPENSES):
BOND PRINCIPAL PAYMENTS (87,000)
PRIOR YEAR ENCUMBRANCES 3,425
ADD BACK: DEPRECIATION 22,045
CASH AVAILABLE FOR PROJECTS
AND RENEWAL & REPLACEMENT
(111,000) (142,990) (150,400) (150,400)
300,286 810 55,846 55,846
67,127 89,953 89,953 67,127
(61,530) 256,413 (52,227) (4,601) (27,427)
10,658 310,737 107,028 80,767 50,372
(1) The Course was closed for course renovation for a two (2) month period in FY 99.
(2) Revenues are up in FY 00 due to the fact that one of Lakeview's biggest competitor
was closed during this time period.
CITY OF DELRAY BEACH
MUNICIPAL GOLF COURSE
COMPARATIVE INCOME STATEMENTS
ORIGINAL
AUDITED AUDITED AUDITED UNAUDITED BUDGET
FY 98 FY 99 FY 00 FY 01 FY 01
OPERATING REVENUES:
RESTAURANT SERVICES
GOLF COURSE FEES
MISCELLANEOUS REVENUES (1)
TOTAL REVENUES
888,000 904,817 978,552 969,684 1,017,000
1,958,901 1,981,009 2,000,294 2,107,535 2,081,060
39,532 147,353 25,159 46,370 25,000
2,886,433 3,033,179 3,004,005 3,123,589 3,123,060
OPERATING EXPENSES:
RESTAURANT SERVICES
GOLF COURSE COSTS (2)
DEPRECIATION/AMORTIZATION
TOTAL OPERATING EXPENSES
814,941 873,971 956,669 958,867 923,120
1,392,782 1,474,924 1,529,297 1,577,059 1,593,485
241,077 238,755 243,958 243,958 238,755
2,448,800 2,587,650 2,729,924 2,779,884
OPERATING INCOME
437,633 445,529 274,081 343,705
NON-OPERATING REVENUES(EXPENSES):
INTEREST EARNINGS
INTEREST EXPENSE
TOTAL NON-OPERATING
REVENUE/(EXPENSE)
INCOME BEFORE TRANSFERS
2,755,360
367,70O
36,852 38,046 48,123 46,537 45,000
/270,742) /262,643) (254,395) (247,650) (247,650)
OPERATING TRANSFERIN(OU~
OPERATING TRANSFERS
(233,890) (224,597) (206,272/ /201,1131 (202,650)
203,743 220,932 67,809 142,592 165,050
NET INCOME
(32,000) (32,000) (32,000) (36,500)
NON-OPERATING REVENUES (EXPENSES):
BOND PRINCIPAL PAYMENTS
PRIOR YEAR ENCUMBRANCES
ADD BACK: DEPRECIATION
171,743 188,932 35,809 106,092
(34,500)
130,550
CASH AVAILABLE FOR PROJECTS
AND RENEWAL & REPLACEMENT
283,658 436,158 123,963 323,183 213,693
(1) Miscellaneous revenues in FY 99 includes $130,400 for a trade-in allowance relative to golf carts.
(2) Golf course costs are up in FY 99 due to the fact that there was an increase in other professional services,
health insurance, electric, share of administrative costs and golf merchandise line items.
111,915 247,226 88,154 217,091 83,143
(134,980) (142,360) (174,620) (186,110) (186,110)
5,818 150,831 18,816 159,243 30,498
241,077 238,755 243,958 243,958 238,755
9.H. POLICY CHANGES AT THE MUNICIPAL GOLF COURSE: Consider
approval of proposed policy changes at thc Municipal Golf Course to allow non-resident prepaid
permits up to 50, and to allow non-residents to call in for tee times at specified times.
Mr. Barcinski presented the background on this item.
Mr. Perlman moved to approve the policy changes at the Municipal Golf Course
to allow non-resident prepaid permits up to 50, and to allow non-residents to call in for tee at
specified times, seconded by Ms. Archer. Upon roll call the Commission voted as follows:
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said
motion passed with a 4 to 0 vote.
9,Io
FY 2001 PERFORMANCE MEASURES FOR THE MUNICIPAL AND
LAKEVIEW GOLF COURSES: Consider approval of the proposed FY 2001 performance
measures for the Municipal and Lakeview golf courses.
Mr. Barcinski presented the background on this item, which was followed by
Commission questions.
Ms. Archer approved the proposed FY 2001 performance measures for the
Municipal and Lakeview golf courses, seconded by Mr. Perlman. Upon roll call the Commission
voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy -
Yes. Said motion passed with a 4 to 0 vote.
0.J.
FY 2001 PERFORMANCE MEASURES FOR THE TENNIS CENTER
AND DELRAY SWIM & TENNIS CLUB: Consider approval of the proposed FY 2001
performance measures for the Tennis Center and the Delray Swim and Tennis Club.
Mr. Barcinski presented the background on this item, which was followed by
Commission questions.
It was the consensus of the Commission that items #4 and #9 of the bonus
requirements be removed.
Mr. Perlman moved to approve the proposed FY 2001 performance measures for
the Tennis Center and the Delray Swim and Tennis Club as amended, seconded by Ms. Archer.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
9.K. SPECIAL EVENT REQUEST/FIRST NIGHT: Consider a request for special
event approval for First Night 2001 to be held on December 31, 2000 from 4:00 p.m. until
midnight, to include a temporary use permit for the use of City facilities and rights-of-way (street
closures), staff support, waiver of overtime costs and facility and equipment costs, and to provide
portable lighting for street intersections.
-27- 11/07/00
[IT¥ DF DELRI:I¥ BERCH
DELRAY BEACH
NI-/tmed~aCity
1993 TO:
2001
FROM:
100 N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444
MEMORANDUM
David T. Harden
City Manager
Robert A. Barcinski
Assistant City Manager
DATE:
November 28, 2001
SUBJECT:
Agenda Item City Commission Meeting December 4, 2001 Consideration
of Bonus Payment to JCD Sports Group
ACTION
City Commission is requested to consider a bonus payment to JCD Sports Group for golf
operations for FY 01 in the amount of $17,500 and for Tennis Operations in the amount of
$3,000. Funding is available in account numbers 445-4711-572-34.90 ($12,000), 446-4711-572-
34.90 ($5,500), 001-4124-572-34.90 ($1,500), and 001- 4133-572-34.90 ($1,500).
BACKGROUND
Attached is a memo received from Mr. Dubin outlining his request for a bonus payment for FY
01 for golf and tennis. Per the terms of the management agreement for golf Mr. Dubin is eligible
for up to 15% of the annual fec of $135,900 and eligible for up to 15% of the annual fee of
$44,000 for tennis.
An analysis of actual accomplishments versus projections is included in Mr. Dubin's memo and
has been verified by staff.
I concur with the amount of the bonus requested for golf operations based on the accomplishment
of approved performance measures.
Many of the projections for tennis operations listed in the approved performance measures were
not met. However, some of the recommendations contained in the Tennis Facilities Task Team
report were acted on prior to the end of the fiscal year. I therefore would recommend a bonus of
$2,000 versus the $3,000 requested.
RECOMMENDATION
Staff recommends consideration of the bonus payment for JCD Sports Group as recommended
above.
RAB/tas
File'u:sweeney/agenda
Doc: bonus payment to JCD Sports Group 2001
561/243-7000
Pnnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
Golf& Tennis Management, Development& Consultation
A D~wston of
Dub/n & Associates
November 26, 2001
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
Attention: Bob Barcinski
Dear Bob,
Enclosed please find the performance measures for fiscal year end September 30, 2001,
for BJCE, Inc. regarding Delray Beach Golf Club and Lakeview Golf Club and Dubin &
Associates, Inc. regarding the Delray Beach Tennis Center and Delray Swim & Tennis
Club.
Delray Beach Golf Club
This year Delray Beach Golf Club was recognized by Maximum Golf Magazine as one of
the 2001 America's 100 Best Value Courses.
Customer satisfaction in all areas has remained extremely high on a consistent basis.
JCD Sports Group understands the need to provide a well-balanced operation that meets
the needs of our residents.
On a daily basis we balance the needs of our juniors, seniors, golfers, diners, charities,
inner city youth and local schools, just to name a few.
We strive to find the perfect balance between "Profits and Programs."
We are also proud of the fact that we have been able to maintain our level of over 2,000
youth participants in 2001.
In regards to performance measures, we accomplished the following:
Number of Permit Holders
Operating Profit
Youth Participabon
Obtain services of golf course architect to assist in review and
development of 5-year capital plan,
Remove Melalucca Trees
Range Income
Pro-shop Sales
Weed coverage on greens of less than 3% and on fairways of less
than 10%
2001 2001
Project~on Actual
325 365
$ 100,000 $ 106,092
2,000 2,054
Done
20 20
$ 90,000 $ 94,924
$ 119,000 $ 127,062
Done
1300 Park of Commerce · State 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752
We did not accomplish the following:
2001 2001
Projection Actual
Golf Rounds 89,000 85,435
Restaurant Revenues $ 1,000,000 $ 969,684
Lakeview Golf Club
Lakeview Golf Club is the best executive golf course in South Florida.
Customer satisfaction is extremely high in all areas from golf course condition to friendly
staff.
We hosted four junior tournaments as well as the Annual Special Olympics Golf
Tournament.
We are also proud of the fact that we have been able to increase our level of junior rounds
played by over 30% in 2001.
In regards to performance measures, we accomplished the following:
Youth Participation Increase
Host Special Olympics Tournament
Conduct Youth Golf Tournaments
Remove Melalucca Trees
Weed coverage on greens and fairways
2001 2001
Projection Actual
5% 31%
Done
4 4
5 5
<3% and <10% <3% and <10%
We did not accomplish the following:
2001 2001
Projection Actual
Merchandise Sales $ 21,000 $ 17,925
Operating Profit $ 190,000 $ 85,368
Restaurant Revenues $ 25,000 $ 23,920
Golf Rounds 60,000 54,311
By contract, we are entitled to a maximum bonus of 15% of our annual management fee
of $135,900 or $20,385. In year 2000, BJCE, Inc. received a bonus of $16,299.
Based on our overall success and high degree of customer satisfaction we are requesting a
bonus in the amount of $17,500.
Dubin & Associates, Inc.
Delray Beach Tennis Center
In tennis, the two most important factors are court conditions and friendly staff. Without
question, we have made tremendous strides in both these areas.
This year we created a Task Force to advise and make recommendations to the City
Commission concerning policies, goals, objectives and strategies with respect to
programs, marketing, operations, finance and capital improvement.
Customer satisfaction has improved greatly.
The area that needs improvement is programs.
The purchase of the Laver's facility, now known as the Delray Swim & Tennis Club, has
allowed us to increase our programs in all areas and provide court times in prime time for
our players.
In regards to performance measures, we accomplished the following:
2001
Projection
Develop and present a business plan for both sites
USTA Amateur Tournaments
Special events
2001
Actual
Done
8 11
7 7
We did not accomplish the following:
Increase Membership Revenue
Increase Lesson Revenue
Increase Daily Play
Sell naming rights
Keep tennis operations net cost under
2001 2001
Projection Actual
$ 175,000 $ 151,298
$ 350,000 $ 198,409
75,000 58,637
Sep-01
$ 161,000 $ 262,681
We did not develop swimming pool procedures and rates as it was determined by the City that
Dubin & Associates would not be responsible for the pool
Dubin & Associates, Inc. and our staff made great strides in improving customer
satisfaction this year.
Some of our challenges included the late opening of the Delray Swim & Tennis Club and
the subsequent demolition of the 15,000 square foot clubhouse.
The hiring of Dick Stockton, the purchase of Lavers and retention of key employees, such
as Jeff Dooner, resulted in the constant improvement of the day-to-day operation.
A great deal of time and effort was spent on improving court conditions and maintaining
a high degree of customer satisfaction.
By contract, we are entitled to a maximum bonus of 15% of our annual management fee
of $44,000 or $6,600. In year 2000, Dubin & Associates, Inc. received a bonus of $2,000
for the operation of the Delray Beach Tennis Center only.
Based on our increased responsibility and amount of effort we are requesting a bonus in
the amount of $3,000.
Therefore, in summary we are requesting a total bonus of:
BJCE, Inc. $17,500
Dubin & Associates, Inc. $ 3,000
Total $20,500
This compares to last year's bonus in the amount of $18,299. As always, we respect your
decision and look forward to a very successful year 2002.
Hoping this is to your satisfaction, we remain.
Yours truly,
Brahm Dubin
President
CC:
Sharon Painter
Cindy Doll
Mary Beth Birsky
Eric Oakley
Dick Stockton
MUNICPAL GOLF COURSE
PERFORMANCE MEASURES
FY 00-01
1. Increase number of total rounds played from 86,646 to 89,000.
2. Increase number of prepaid permit holders from 295 to 325.
3. Increase net operating profit from $71,300 to $100,000.
4. Increase restaurant revenues including banquet business from $980,000 to
$1,000,000.
5. Increase number of children participants in after-school and other youth programs
including tournaments by 5% to approximately 2000 total participants.
6. Obtain services of golf course architect by February 200i to assist in review and
development of 5 year capital plan.
Remove at least 20 Melaleuca trees and plant replacement trees by July 2001.
Increase range income from $84,000 to $90,000.
Increase pro shop sales from $111,000 to $119,000.
10. Maintain weed coverage on greens and trees at less than 3% of total area and fairways
less than 10% (USGA standard).
LAKEVIEW GOLF COURSE
PERFOllMANCE MEASURES
FY 00-01
1. Increase number df total rounds played from 59,000 to over 60,000.
2. Increase net operating profit from $188,000 to $190,000.
3. Increase youth participation in programs by 5%.
4. Host Special Olympics GoifToumament in spring 2001.
5. Conduct four (4) youth golf tournaments during the fiscal year.
6. Remove at least five (5) Melaieuca trees and replant with suitable replacement by
July 2001.
7. Attain less than a 3% weed population on green mid tee areas and less than 10% in
fairways (USGA standard 5% and 10%).
8. Increase merchandise sales from $19,000 to $21,000.
9. Increase restaurant income from $22,000 to $25,000.
TENNIS OPERATIONS
PERFORMANCE MEASURES
FY 00-01
Delray Tennis Center and Delra¥ Swim and Tennis Club
1. increase membership revenue for both facilities fi`om $145,000 to $175,000.
2. Increase lesson revenue from $244,000 to $350,000.
3.
a.
Increase daily plays fi`om 57,000 to 75,000.
Develop and present a business plan for both sites by January 2001.
5. Sell t~aming rights by September 2001.
6. Obtain and manage seven (7) event uses of the tennis stadium during the year, at least
two (2) of which are to be tennis related and at least two (2) are to promote non-profit
events.
7. Host at least eight (8) USTA amateur tournaments.
8. Keep tennis operations (non-including stadium) net cost to under $161,000.
9. Develop swimming pool operating procedures and rates by February 2001.
Request to be placed on:
x Regular Agenda
When.' 12/04/01
AGENDA REQUEST
Special Agenda
Agenda Item No:
Workshop Agenda
Descriptaon of agenda item (who, what, where, how much): City Commission is requested to
consider a bonus payment to JCD Sports Group for golf operations for FY 01 in
the amount of $17,500 and for Tennis Operations in the amount of $3,000.
Funding is available in account numbers 445-4711-572-34.90 ($12,000), 446-4711-
572-34.90 ($5,500), 001-4124-572-34.90 ($1,500), and 001-4133-572-34.90 ($1,500).
ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature. ,/-~tf~-~ ~
Determination of consistency with Comprehensive Plan:
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding Available/NO
Funding alternatiYesT
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda~O
Hold until:
Agenda Coordinator Review:
(if applicable)
Received:
Action:
Approved/Disapproved
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLING, DIRECTOR OF PLANNING AND ZONING L.~.
MICHELLE Eo HOY'LAND, SENIOR PLANNER~~tI~,/~
MEETING OF DECEMBER 11, 2001.
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S DENIAL OF
ELEVATIONS ASSOCIATED WITH MORSE KIA DEALERSHIP.
The action requested of the City Commission is that of consideration of an appeal of the Site Plan
Review and Appearance Board's denial of elevations associated with a Class IV site plan modification
for Morse Kia. The subject property is located at the northwest corner of South Federal Highway and
Fladell's Way (Avenue F).
The SPRAB actions were taken on November 14, 2001 and appealed on November 26, 2001 by
Michael S. Weiner, attorney for Morse Operations, Inc. The appeal is being processed pursuant to
LDR Section 2.4.7(E) Appeals.
The development proposal involves a Class IV site plan modification for the expansion of an existing
car dealership. The modification was for the construction of a 1,503 sq. ft. sales addition, a 5,669 sq.
ft. service addition, reconfiguration of existing parking areas, and installation of landscaping and
walkways. A complete analysis of the proposal is found in the attached Site Plan Review and
Appearance Board staff report.
At its meeting of November 14, 2001, SPRAB considered the Class IV site plan modification,
landscape plan and elevations for Morse Kia Dealership. The Board approved the Class IV site plan
modification and landscape plan, however denied the elevations.
The elevations related to a new 1,503 sq. ft. stucco sales building addition on the east side of the
existing sales building and a 5,669 sq. ft. metal service building addition to the west side of the sales
building. SPRAB had no concerns with respect to the proposed stucco sales building. However,
concerns were noted with respect to the service addition which was proposed as a metal building with
a standing seam metal roof painted to match the existing color scheme of the dealership. A single
entrance metal door and window are proposed on the west elevation, while metal overhead service
bay doors, single entrance metal doors and a window are proposed on the north and south elevations.
The proposed metal building addition is not consistent in style with the balance of the existing and
proposed stucco buildings. Staff suggested the use of a stucco base around the bottom half of the
proposed metal building to soften the elevation, however the applicant did not agree to this condition.
The Board, after a lengthy discussion, felt that the metal building was inappropriate in this location.
Therefore, the Board found the proposed elevations not in compliance with the Land Development
Regulation requirements of Section 4.6.18. The applicant is appealing this decision.
· City Commission Documentation
Meeting of November 14, 2001
Appeal of SPRAB Action - Morse Kia Dealership
Page 2
On November 14, 2001, the Site Plan Review and Appearance Board action was appealed by
Michael S. Weiner, attorney for Morse Operations, Inc. "The basis for the appeal is that the action
taken by the Site Plan Review and Appearance Board (SPRAB) was:
· Inconsistent with the Comprehensive Plan for the City of Delray Beach, Florida;
· Inconsistent with the LDR's (Land Development Regulations);
· Inconsistent with the laws of the State of Florida; and,
· Contrary to the weight of the evidence presented at the meeting of November 14, 2001.
Uphold the Site Plan Review and Appearance Board's decision of denial.
Attachments: SPRAB Staff Report
Appeal Letter
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
November 14, 2001
V.A.
Class IV Site Plan Modification, Landscape Plan and Architectural Elevattons
Associated with a 7,172 sq. ft. Automobile Sales and Service Building Addition for
Morse Kia, Located on the Northwest Corner of Federal Highway and Fladell's Way
(Avenue F).
GENERAL DATA:
Owner/Applicant ...........
Agent ..........................
Location ........................
Property Size .................
Future Land Use Map .....
Current Zoning; ..............
Adjacent Zoning .... North'
East:
South:
West:
Existing Land Use ..........
Proposed Land Use ........
Water Service ................
Sewer Service ...............
Morse Operations
Digby Bridges, Marsh and
Associates
Located on the Northwest Corner of
Federal Highway and Fladell's Way
(Avenue F).
4.77 Acres
AC (Automotive Commercial)
AC (Automotive Commercial)
AC (Automotive Commercial)
AC (Automotive Commercial)
AC (Automotive Commercial)
AC (Automotive Commercial)
Used Car Dealership
Construction of a 1,503 sq. ft.
sales addition on the east side of
the existing sales building, a 5,669
sq. ft service addition on the west
side of the existing sales building,
reconfiguration of the ex~st~ng
parking area, and installation of
associated landscaping.
Available via connecbon to an
existing 8" water ma~n along Old
D~xle H~ghway.
Existing on site
DELRA Y
TO YO TA
MORSE
SA TURN
MOBILE
HOMES
SHERWOOD
HONDA
DELRA Y
LINCOLN
MERCURY
DAN BURNS
OLDSMOBILE
MORSE
GMC TRUCKS DELRA Y
PLAZA
SHERWOOD
PON~AC
DEL RAY
KIA
DUMAR
PLAZ~
CENTER
AVE~NUE
N
V ,A,
The action before the Board is that of approval of the following aspects of a Class IV
site plan modification for the Morse Kia Dealership, pursuant to LDR Section
2.4.5(G)(1)(c):
Site Plan;
Landscape Plan; and,
Architectural Elevations.
The subject property is located at the northwest corner of South Federal Highway and
Fladell's Way (Avenue F).
The subject property consists of the plat of Alden, less the west 50 feet thereof (marked
as additional right-of-way for Old Dixie Highway), and is 4.77 acres. The property
contains a 4,021 sq. ft. sales building, a 4,800 sq. ft. body shop with 9 service bays, a
734 sq. ft. office trailer and associated parking. The property has an extensive land use
history. The following are the most recent land use actions to occur with respect to the
property.
In 1985, the existing metal body shop building was constructed on the west half of the
subject property and an associated shellrock parking area was installed. On November
16, 1987, a minor site plan modification approval was granted to construct an asphalt
parking lot and install associated landscaping to meet code. With the Citywide rezoning
of 1990, the property was rezoned from SC to AC (Automotive Commercial). In October
1992, the Total Care Car Wash and the Sherwood Truck Sales building were
demolished on the east half of the property. On June 2, 1993, site plan modification
approval was granted to install an office trailer on the north side of the body shop
building along with an associated handicap accessible parking stall. In September
1993, the property was purchased by Morse Operations, Inc.
On February 22, 1994, the City Commission approved a conditional use request to
establish a commercial parking lot for the storage of vehicles for Ed Morse auto
operations. On May 11, 1994, a request for site plan approval was submitted to
establish the commercial parking lot, which included a sales facility as Phase II.
However, the applicant chose to forego the commercial parking lot to construct the used
car sales facility. On August 10, 1994, the Site Plan Review and Appearance Board
approved a site plan for Delray Toyota Used Car Facility to construct a 4,225 sq. ft.
used car sales building and installation of a 196 space parking lot with associated
landscaping and refuse areas. These improvements were constructed in 1995.
On June 11, 1997, the Site Plan Review and Appearance Board approved a major site
plan modification for a two phase proposal for Morse Collision Center. The Phase I
improvements included construction of a metal canopy and equipment shelter,
installation of landscaping and parking to meet current standards and Phase II included
construction of an 8,492 sq. ft. body shop addition with 12 service bays. The proposed
improvements were never constructed.
SPRAB Staff Report
Morse K~a Dealership- Class, ¢ S~te Plan Modification, Landscape Plan, a~d Building Elevations
Page 2
A new application has been submitted for the Morse Kia dealership and is now before
the Board for action.
The development proposal involves the following:
r',Construction of a 1,503 sq. ft. sales addition to be located on the east side of the
existing sales building;
[] Construction of a 5,669 sq. ft. service addition with 7 bays to be located on the west
side of the existing sales building
Construction of a two-lane, covered, drop-off area for vehicle service with two write-
up booths;
[] Reconfiguration of the existing parking areas (customer parking and bullpen parking)
area;
[] Construction of a loading berth; and,
Installation of associated landscaping and walkways.
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the site and development
application/request.
LDR Section 4.3.4(K) Development Standards Matrix:
The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it
pertains to the AC zone district:
Standard Provided
Maximum Building Height 48' 14'
Minimum Building Setbacks Front 15' 192.33'
Side Interior (north) 0' 87.16
(south) 15' 51.16
Rear 10' 206'
SPRAB Staff Report
Morse Kia Dealership - Class ,,, Site Plan Modification, Landscape Plan, a~,d Building Elevations
Page 3
LDR Chapter 4.6 Supplementary District Re~lulations:
Parking:
Pursuant to Section 4.6.9(C)(3)(f), automobile dealerships are required to provide 4
spaces per 1,000 sq.ft, of total floor area, excluding indoor display areas. With regard
to the parking requirements, the entire site was taken into account. Thus, based on the
Site Tabulation data a total of 68 parking spaces are required for the existing 4,021 sq.
ft. sales building, 734 sq. ft. office trailer and 4,850 sq. ft. body shop and the proposed
5,669 sq. ft. service addition and 1,503 sq. ft. sales addition (16,777 sq. ft. total floor
area). The proposed site plan complies with the total parking requirement as 250
spaces have been provided. Of the required 68 spaces, 44 must be designated for
employee, customer, and/or service use, based upon 1.5 spaces per service bay (16
bays) and 2 spaces/I,000 sq.ft, of floor area (less indoor display area). There is an
adequate amount of parking spaces as 70 spaces have been designated for employee,
customer, or service spaces.
Lighting:
Pursuant to LDR Section 4.6.8 a site lighting and photometric plan must be provided
including pole and fixture details. Additionally, the requirements of 4.4.10(G)(6), which
relate to lighting restrictions must be adhered to. Exterior light fixtures shall not exceed
25' in height; shall be directed away from adjacent properties; shall be a sharp cutoff
luminary, shall confine light to the site only; and shall not exceed the following
illumination when measured at ten feet inside any property line: 100-foot candles within
display areas, 40-foot candles within all other areas and after 11:00 p.m., the
illumination in display areas shall be reduced to 50-foot candles. A photometric plan
has been submitted however does not address the entire site and specific fixture details
have not been provided. A condition of approval is that a photometric plan be provided
which addresses the entire site and requirements of LDR Section 4.6.8 and
4.4.10(G)(6).
LDR Chapter 4.4.10(G) Supplemental District Requlations:
Expansion of Building Area:
Pursuant to Section 4.4.10(H)(3) (Compliance upon Expansion of Building Area), where
there is an expansion of site area or building area of 30%, or greater, the entire site
shall be brought into compliance with the standards and supplemental regulations of the
AC zone district regulations. The net additional floor area totaling 7,172 sq.ft.,
represents an overall increase of more than 30% of the total building area. Therefore,
the entire site is required to be upgraded to current standards. The proposal provides
for site upgrades required by code, except for meeting the requirement regarding
Iocational restrictions on overhead bay doors, which is discussed below.
Locational Restrictions:
Pursuant to LDR Section 4.4.10(G)(4), service bay doors shall not be oriented toward
any adjacent public street unless it can be demonstrated to the Site Plan Review and
SPRAB Staff Report
Morse Kia Dealership - Class ~v Site Plan Modification, Landscape Plan, and Building Elevations
Page 4
Appearance Board that it is not feasible to comply. The subject property is bordered on
three of four sides by public streets (Federal Highway to the east, Fladell's Way
(Avenue F) to the south and Old Dixie Highway to the west). There are four overhead
service bay doors proposed on the south side of the building facing Fladell's Way. The
applicant has indicated that due to site constraints it is impossible to not orient the
overhead service bay doors towards a right-of-way. The applicant also felt that
orienting the overhead service bay doors towards Fladell's Way rather than Old Dixie
Highway or Federal Highway would be more appropriate as they would not be visible
from a major roadway. Staff supports the location of the overhead service bay doors.
LDR Section 4.3.4(H)(6) Special Setbacks:
Special Landscape Setback:
Pursuant to LDR Section 4.3.4(H)(6)(b)(1), a 20' special landscape setback is required
along Federal Highway for double frontage lots with a lot depth over 300'. Within this
special landscape area, no structure or paving (except for driveways and sidewalks that
are perpendicular to the property line) is allowed. As the average depth exceeds 300' a
20' landscape area is required along Federal Highway and Old Dixie Highway. A 20'
landscape setback has been provided adjacent to Federal Highway and a 29' landscape
setback is provided adjacent to Old Dixie Highway. Therefore this requirement has
been met.
Other Items:
Sidewalks:
Pursuant to LDR Section 6.1.3(B)(1), a 5' wide sidewalk is required along Old Dixie
Highway, Federal Highway and Fladell's Way (Avenue F). On September 7, 1994, the
City Commission granted a sidewalk waiver for Federal Highway and Fladell's Way in
association with a major site plan modification for Delray Toyota Used Car Sales
Facility, which encompassed the east side of the property. Additionally, the City
Commission granted a sidewalk waiver on June 11, 1997 for Old Dixie Highway in
association with a major site plan modification for Morse Collision Center, which
previously existed on the west side of the subject property. Therefore, sidewalks are
not required with the current site plan modification.
Loading Area:
Pursuant to LDR Section 4.6.10(C), automotive sales require a loading berth to
accommodate a vehicle transporter (tractor-trailer). Currently, a loading area does not
exist on the site and one has been provided with this development proposal. The
proposed loading area is to be located on the north side of the property. Therefore, this
requirement has been met.
Technical Items: While the revised site plan has accommodated most of the staff
concerns the following items remain outstanding, and will need be addressed
prior to building permit submittal.
SPRAB Staff Report
Morse Kia Dealership - Class, ¢ S~te Plan Modification, Landscape Plan, a, ~d Building Elevations
Page 5
Submit a recorded copy of the warranty deed and a title certificate from an attorney
or title company certifying the current fee simple owner of record. The title certificate
shall list all easements, mortgages and encumbrances of record.
2. Provide Palm Beach County driveway connection permit for proposed driveway on
Old Dixie Highway.
3. That the chain link fence which exists in the middle of the property be deleted and
that this notation be provided on the landscape and engineering plans.
There is extensive landscaping which currently exists on the property. The proposed
landscaping will match the existing landscaping. Perimeter landscaping along the east
side of the property adjacent to Federal Highway includes eight existing Royal Palm
trees and a Cocoplum hedge. Mahogany trees and a Ficus hedge exist along the south
side of the property adjacent to Fladell's Way (Avenue F). Along the west side of the
property adjacent to Old Dixie Highway there are existing Oak trees however a required
hedge does not exist. A condition of approval is that a Cocoplum hedge be installed
along the west side of the property. Along the north side of the property there are
existing Black Olive and Mahogany trees while two Sabal Palm tree groupings and
Coconut Palm trees are proposed. Adjacent to the new and existing buildings the
landscaping includes Montgomery Palms, Pigmy Date Palms, with Cocoplum hedges
and Croton, Pink Ixora, Wax Jasmine and Crinum Lily underplantings while Pink
Tabebuia trees and Sabal palms with Ficus and Cocoplum hedging exist. Sabal Palms
are proposed along the west side of the building and Pigeon Plum trees are proposed
on the south side of the write-up area. Glaucous Cassia trees and Live Oak trees with
Wax Jasmine underplantings are proposed within individual landscape islands. The
foundation plantings surrounding the existing refuse container areas consist of Sabal
Palms with Wax Myrtle and Swordfern underplantings. The proposed landscaping will
comply with the requirements of LDR Section 4.6.16, provided a Cocoplum hedge is
installed along the west side of the property adjacent to the parking lot.
ARCHITECTURAL ELEVATIONS
The proposal is to construct a 1,503 sq. ft. sales building addition on the east side of the
existing sales building and a 5,669 sq. ft. service building addition to the west side of the
sales building. The existing building and proposed additions do not contain a distinctive
style of note. The front faCade of the building will match the existing structure with clear
anodized windows, stuccoed soffits and faux columns. The proposed color scheme
includes the following: the walls will be grey pearl, the fascia will be pearl white. This
color scheme will match the existing color scheme. The service addition will consist of a
metal building with a standing seam metal roof which will be painted to match the
existing color scheme. A single entrance metal door and window are proposed on the
west elevation, while metal overhead service bay doors, single entrance metal doors
and window are proposed on the north and south elevations. The proposed metal
building addition is not consistent in style with the balance of the existing and proposed
building. Therefore, the metal building addition should be modified to include a stucco
SPRAB Staff Report
Morse Kia Dealership - Class., Site Plan Modification, Landscape Plan, ~,,,d Building Elevations
Page 6
base around the bottom half of the building. This item is attached as a condition of
approval.
REQUIRED FINDINGS
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, written materials submitted by the applicant, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve
or deny the development application. These findings relate to the following
areas:
Section 3.1.1 (A) - Future Land Use Map:
The subject property has a General Commercial Future Land Use Map designation and
is currently zoned AC (Automotive Commercial). The AC zone district is consistent with
the General Commercial land use designation. Pursuant to the LDR Sections
4.4.13(B)(3)(a) and (C)(1), within the AC zone district, full-service automobile
dealerships are allowed as a permitted use and paint and body shops are allowed as an
accessory use. Based upon the above, a positive finding can be made with respect to
consistency with the Future Land Use Map designation.
Section 3.1.1 (B) - Concurrency:
As described in Appendix A, a positive finding of concurrency can be made as it relates
to water, sewer, streets and traffic, drainage, parks and recreation, open space, and
solid waste.
Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix B, a positive finding of consistency can be made as it relates
to Standards for Site Plan Actions.
Section 3.1.1 (D) - Compliance With the Land Development Requlations:
As described under the Site Plan Analysis of this report, a positive finding of compliance
with the LDRs can be made, when all outstanding items attached as conditions of
approval are addressed.
Section 2.4.5 (F)(5) - Compatibility (Site Plan Findinqs): The approving body must
make a finding that development of the property pursuant to the site plan will be
compatible and harmonious with adjacent and nearby properties and the City as a
whole, so as not to cause substantial depreciation of property values.
The subject property is bordered on the north, south and east by the AC (Automotive
Commercial) zone district. Parcels to the west of the site, across Old Dixie Highway
and the F.E.C. Railroad right-of-way are zoned OSR (Open Space and Recreation).
The existing land use to the north is the Sherwood Pontiac dealership; to the south is
SPRAB Staff Report
Morse Kia Dealership - Class .. Site Plan Modificahon, Landscape Plan, a,,d Building Elevations
Page 7
the J.D. Byrider Used Car dealership; to the west, is Bucky Dent's Baseball School; and
to the east are the Ralph Buick and Isuzu/Daewoo dealerships.
The development is compatible and harmonious with the adjacent properties and will
provide a substantial upgrade to the entire dealership. The improvements should be an
enhancement to the area as well as property values within this area.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following is noted:
Future Land Use Element:
Policy A-2.4 Automobile uses are a significant land use within the City and as
such they have presented unique concerns. In order to properly control these
uses and guide them to locations which best suit the community's future
development, the following shall apply:
4) Automobile dealerships shall be directed to the following areas:
El North of George Bush Boulevard, between Federal and Dixie Highways;
El East side of Federal Highway north of the north property line of the Delray
Swap Shop/Flea Market;
El South of Linton Boulevard, between Federal and Dixie Highways;
El Between the one-way pairs (Federal Highway), from SE 3rd Street to SE
'10th Street; and from N.E. 5th Street to George Bush Boulevard;
El On the north side of Linton Boulevard, between 1-95 and SW 10th Avenue,
and along Wallace Drive.
The subject property is located between Federal and Dixie Highways, south of Linton
Boulevard which is within the identified area. The proposed development furthers the
City's stated policy with respect to directing automobile dealerships to a particular area
of the City.
The development proposal is not located in an area, which requires review by the CRA
(Community Redevelopment Agency) or the DDA (Downtown Development Authority).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
SPRAB Staff Report
Morse Kla Dealership - Class ,¢ Site Plan Modification, Landscape Plan, and Building Elevations
Page 8
PROD
President's Council
Tropic Harbor HOA
Pelican Harbor HOA
Tropic Isles HOA
Pelican Pointe HOA
Tropic Bay HOA
Tropic Palm HOA
Letters of support and objection, if any, will be presented at the SPRAB meeting.
A S SE :S'S ME N'T:~?A'N D¥~'iC:ON C~L~U S I O N~¥' ~ ' ~'~' ~ ....
The development proposal involves a 7,172 sq.ft, addition to the existing sales building
to accommodate service bays and additional showroom area. The proposal will be
consistent with LDR Section 3.1.1 and Section 2.4.5(G)(5) of the Land Development
Regulations, and policies of the Comprehensive Plan. Compliance with the Land
Development Regulations will be obtained provided the conditions of approval are
addressed. With this modification, a request was made to allow four (4) overhead
service bay doors face the Fladell's Way right-of-way. As the property is bordered on
three of four sides by public rights-of-way it appears appropriate to allow the overhead
service bay doors. The development proposal is compatible with the adjacent
commercial properties and will be an enhancement to the area.
J
A. Continue with direction.
Approve the Class IV site plan modification, landscape plan and architectural
elevations for Morse Kia Dealership, based upon positive findings with respect to
Section 3.1.1(Performance Standards) and Section 2.4.5(G)(5) (Findings) of the
Land Development Regulations and the policies of the Comprehensive Plan subject
to conditions.
C. Deny the Class IV site plan modification, landscape plan and architectural elevations
for Morse Kia Dealership, with the basis stated.
By Separate Motions:
Site Plan:
Approve the Class IV site plan modification for Morse Kia Dealership, based on
positive findings with respect to Chapter 3 (Performance Standards), and Section
2.4.5(G)(5) (Findings) of the Land Development Regulations and policies of the
Comprehensive Plan subject to the following conditions:
SPRAB Staff Report
Morse Kia Dealership- Class ,V Site Plan Modification, Landscape Plan, and Building Elevations
Page 9
1. Address all Site Plan Technical Items and submit three (3) copies of the revised
plans;
2. That a photometric plan be provided which addresses the entire site and
requirements of LDR Section 4.6.8 and 4.4.10(G)(6); and,
3. That a letter be provided by P.B.C.T.D. (Palm Beach County Traffic Division) stating
that the proposal complies with P.B.C.T.D Performance Standards Ordinance.
Landscape Plan:
Approve the landscape plan for Morse Kia Dealership, based on positive findings with
respect to Section 4.6.16 of the Land Development Regulations, subject to following
condition:
1. That a Cocoplum hedge be installed along the west side of the property adjacent to
the parking area.
Elevations:
Approve the proposed elevations for Morse Kia Dealership, based on positive findings
with respect to Section 4.6.18 of the Land Development Regulations, subject to
following condition:
1. That the metal building addition be modified to include a stucco base around the
bottom half of the building
Attachments:
Site Plan
· Floor Plan
Building Elevations
· Landscape Plan
Report prepared by: Michelle E. Hoyland, Senior Planner
~ ~-CONCURRENCY~FiNDYNG~S~'' ?~ .~,~.~ .
I
Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the
Land Use Element of the Comprehensive Plan must be met and a determination made
that the public facility needs of the requested land use and/or development application
will not exceed the ability of the City to fund and provide, or to require the provision of,
needed capital improvements for the following areas:
Water and Sewer: With respect to water and sewer service, the following is noted:
Water service exists via service lateral connections to the existing 8" main located along
Federal Highway. Adequate fire suppression will be provided via installation of a fire
hydrant at the northwest corner of the property and on the south side of the property
adjacent to the write-up area.
Sewer service exists via service lateral connections to the existing 8" main located along
the west side of Federal Highway.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the City at
build-out. Based upon the above, positive findings can be made with respect to these level of
service standards.
Streets and Traffic:
A traffic impact study has been submitted based on an increased floor area of 7,172 square
feet. The study indicates that the net increase in floor area will generate 229 trips per day onto
the surrounding roadway network. The traffic study has been transmitted to Palm Beach
County Traffic Division, however, a response has not been received. It is anticipated that the
proposal will meet traffic concurrency standards. Based upon the above, a positive finding with
respect to traffic concurrency can be made. A condition of approval is attached that a letter
from Palm Beach County Traffic Division is provided stating that the proposal complies with the
Palm Beach County Traffic Performance Standards Ordinance.
Parks and Recreation Facilities:
Park dedication requirements do not apply for non-residential uses. Thus, the proposed
development will not have an impact with respect to this level of service standard.
Solid Waste:
Based upon the Solid Waste Authority's Trash Generation Rates, trash generated each year by
the additional 7,172 sq.ft, of floor area will be 9.2 pounds per square foot for a total of 32.99
tons/year. As this parcel was envisioned for this type of use, it was factored into the
Countywide assessment for solid waste.
Draina_~e:
Drainage will be accommodated on site via sheet flow to an exfiltration system. There should
be no impact on drainage as it relates to this level of service standard.
-:.~ ~,;,~ ~:,,~ ~s=TANDARDS FORe'SITE~ pLA~/~ACTIo:NS:' ~ ~
Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable
Meets intent of standard
Does not meet intent
X
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-1 and D-2 of the Transportation Element.
Not applicable
Meets intent of standard
Does not meet intent
X
C. Open space enhancements as described in Policies found under Objective B-1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable
Meets intent of standard
Does not meet intent
X
The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adJacent development regardless of zoning
designations.
Not applicable X
Meets intent of standard
Does not meet intent
F. Vacant property shall be developed in a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Not applicable X
Meets intent of standard
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup of
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B-2 of the Housing Element.
Not applicable X
Meets intent of standard
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Not applicable
Meets intent of standard
Does not meet intent
X
Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
Not applicable
Meets intent of standard
Does not meet intent
X
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
Not applicable X
Meets intent of standard
Does not meet intent
__ __ . avou"l?___._u_-a'n-u ~ Il
I
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:, ,!:,'
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
WEINER & ARONSON, P.A.
ATI'ORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delra¥ Beach, Flonda 33444
Telephone: (561) 265-2666
Telecopler: (561) 272-6831
E-mad: delraylaw@bellsouth.net
et Rif
OF COUNSEl'
ROBERT MARC $CHWARIZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
November 26, 2001
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida
33444
VIA HAND DELIVERY
Re.'
Class IV Site Plan Modification, Landscape Plan and Architectural Elevations
Associated with a 7,172 Square Foot Automobile Sales and Service Building
Addition for Morse Kia, Located on the Northwest Corner of Federal Highway
and Fladell's Way (Avenue F).
Our File No.: MOOP002
Dear Clerk:
Pursuant to Section 2.4.7(E) of the Land Development Regulations of the City of
Delray Beach, Florida ("LDR"), this is an appeal to the City Commission of Delray Beach,
Florida by an aggrieved party in writing directed to you. We are providing you with the
following information:
The action being appealed is the action by the Site Plan Review and
Appearance Board with respect to the above-captioned item which was heard
at a meeting of November 14, 2001.
2. The action was taken by the Site Plan Review and Appearance Board and was
taken as of November 14, 2001.
3. The basis of the appeal is as follows:
The action taken bythe Site Plan Review and Appearance Board ("SPRAB")
was inconsistent with the Comprehensive Plan for the City of Delray Beach,
Florida;
b. The action taken by SPRAB was inconsistent with the LDR's;
c. The actions taken by SPRAB was inconsistent with the laws of the State of
Florida;
City Clerk
November 26, 2001
Page 2
d. The actions taken by SPRAB were contrary to the weight of the evidence
presented at the meeting of November 14, 2001.
The relief being sought is that the denial of the Site Plan Modification,
Landscape Plan and Architectural Elevations be reversed and such further
action as the City Commission deems appropriate.
5. The name of the appellant is Morse Operations, Inc., the owner of the property
and the applicant of the Site Plan Modification.
Enclosed is a fee in the amount of Two Hundred Dollars ($200.00). Please notify
me of the date and time of the hearing by the City Commission of this appeal.
Very,~tr~yye'~rs, . /
On Behalf of Appellants
MSW:ab
G:\MOOP002~Appeal City Clerk. Nov19.wpd
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
WEINER & ARONSON, P.A.
A'FFORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delra¥ Beach, Flonda 33444
Telephone: (561) 265-2666
Telecopler: (561) 272-6831
E-mad: delraylaw@bellsouth.net
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
FIonda Bar Board Certrfied
Real Estate Lawyer
November 29, 2001
Ms. Jasmin Allen
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida
33444
VIA HAND DELIVERY
Re:
Class IV Site Plan Modification, Landscape Plan and Architectural Elevations
Associated with a 7,172 Square Foot Automobile Sales and Service Building Addition
for Morse Kia, Located on the Northwest Corner of Federal Highway and Fladell's
Way (Avenue F).
Our File No.: MOOP002
Dear Jasmin:
This ~ill confirm that the Appeal relates only to the architectural elevations. I am confirming
with you th~tt the Site Plan Modification and Landscape Plan were approved by the Site Plan
Reviewed Appearance Board.
V our, ~,~y~
cc: Mr. Mark Marsh
Les Stevens, Esquire
G:~VlOOP002%etter Jasmln Allen Nov28 wpd
RECEi'.:'EE
9 2.001
PLANHIH6 Zk,)HiNG
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
WEINER & ARONSON, P.A.
ATrORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Ronda 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth.net
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Flonda Bar Board Cerbfied
Real Estate Lawyer
November 26, 2001
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida
33444
VIA HAND DELIVERY
Re:
Class IV Site Plan Modification, Landscape Plan and Architectural Elevations
Associated with a 7,172 Square Foot Automobile Sales and Service Building
Addition for Morse Kia, Located on the Northwest Corner of Federal Highway
and Fladell's Way (Avenue F).
Our File No.: MOOP002
Dear Clerk:
Pursuant to Section 2.4.7(E) of the Land Development Regulations of the City of
Delray Beach, Florida ("LDR"), this is an appeal to the City Commission of Delray Beach,
Florida by an aggrieved party in writing directed to you. We are providing you with the
following information:
The action being appealed is the action by the Site Plan Review and
Appearance Board with respect to the above-captioned item which was heard
at a meeting of November 14, 2001.
2. The action was taken by the Site Plan Review and Appearance Board and was
taken as of November 14, 2001.
3. The basis of the appeal is as follows:
The action taken bythe Site Plan Review and Appearance Board ("SPRAB")
was inconsistent with the Comprehensive Plan for the City of Delray Beach,
Florida;
b. The action taken by SPRAB was inconsistent with the LDR's;
c. The actions taken by SPRAB was inconsistent with the laws of the State of
Florida;
City Clerk
November 26, 2001
Page 2
d. The actions taken by SPRAB were contrary to the weight of the evidence
presented at the meeting of November 14, 2001.
4. The relief being sought is that the denial of the Site Plan Modification,
Landscape Plan and Architectural Elevations be reversed and such further
action as the City Commission deems appropriate.
5. The name of the appellant is Morse Operations, Inc., the owner of the property
and the applicant of the Site Plan Modification.
Enclosed is a fee in the amount of Two Hundred Dollars ($200.00). Please notify
me of the date and time of the hearing by the City Commission of this appeal.
Very. tJye'~rs, ~ /
MSW:ab
G:\MOOP002~,ppeal City Clerk. Nov19.wpd
rlTY DF DELAI:IY BEACH
DELRAY BEACH
100 N.W. 1st AVENUE
~FO: David T. Harden, City Manager
1993 ~
2001 FROM: obert A. Barcinski, Assistant City Manager
DATE:
December 5,2001
DELRAYBEACH, FLORIDA 33444 561/243-7000
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
DECEMBER 11, 2001 SPECIAL EVENT APPROVAL -
ART & JAZZ ON THE AVENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled
for January 24, 2002 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per
LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th
Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue
Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, NE 2nd Avenue from
Atlantic Avenue to NE 2aa Street, use of the east end of the Tennis Center parking lot,
and to authorize staff support for security and traffic control, banner hanging and
removal, barricade set up and removal, clean up, use and set up of City stages.
BACK6ROUND
Attached is a request for approval and City assistance for this event from Marjorie Fetter.
The request includes expansion of the area to include Doc's parking lot and the east end
of the Tennis Center parking lot. The estimated overtime cost for this event is $8,800.
City Commission has capped the amount the City would pay for overtime at $6,500.
Actual overtime costs for October's event were $8,382. Due to budget constraints Ms.
Ferret is requesting waiver of all overtime costs. A copy of the hold harmless agreement
and event budget is attached. An updated copy of the certificate of insurance will be
needed. This is not a new event, but the area has been expanded.
P~COMM~IDATION
Staff recommends endorsement of the event, approval of the temporary use permit and
street closure, staff support as requested, use of stages and City barricades, and consider
waiver of overtime costs, contingent upon the receipt of an updated certificate of
insurance. City Manager recommends that extra overtime costs not be waived.
cc: Lt. Geoff Williams
Joe Weldon
Harold Bellinger
File-u'sweeney/events
Doc: Agenda Art and Jazz on the avenue 012402
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
November 19, 2001
Mr. Robert A. Barcinski
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
atlantic
avenue
RE:
AGENDA ITEM - CITY COMMISSION APPROVAL
SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE
Doar Mr. Barcinski:
City Commission is requested to endorse the Art & Jazz on the Avenue event
scheduled for Thursday, January 24, 2002 and to grant a temporary use permit
per LDR'S section 2.4.6(H) for use of City property and right of way.
This Art & Jazz has been extended to include the newly redeveloped areas such
as West Atlantic Avenue, Pineapple Grove Main Street and the beachside.
We are requesting street closure on Atlantic Avenue for the following areas only:
o Atlantic Avenue from Swinton to NE/SE 7th Avenue
o South side of Atlantic Avenue from 7th to just past the Blue Anchor
Pub
o Railroad Way from Atlantic Avenue to N.E. Ist Street
o NE 2nd Avenue from Atlantic Avenue to NE 2nd Street
Closure will be from 6:00 p.m. to 11:00 p.m.
We are requesting that the City provide staff support for barricade setup and
removal, trash removal and clean up, police security for traffic control, monitoring
the FEC railway crossir'9,v.=~..~*"~'" ..o..,,~- setup end,-o,~."-"o~,, ;~.. ~,, .~,o"'4,.. ~,.,~'o""""o,, ,,.,.~ and
signage setup and removal.
The City's support of this event, with no charge to the Joint Venture, is crucial to
our success. Your consideration and cooperation is very much appreciated.
Sincerely,
~ERRER
Downtown Coordinator
/sk
DELRAY BEACH JOINT VENTURE * Commumty Redevelopment Agency * Delray Beach Chamber of Commerce * Downtown Development Authority
64-A S E Fifth Avenue, De[ray Beach, FL 33483 * Tel 561-278-0424 * 561-278-0555 * www delraybeachvlllagebythesea com
12703/2001
11:39 5612780555
VIAFAX
December 3, 2001
Mr. Robert Barcimki
Assistant City Manager
City of Delray Beach
100 NW 1st Avenue
De[ray Beach, FL 33444
IDB CHANBEF~ A{~I~V~ERCE
PAGE 02
DEC 0 3 2001
Dear Mr. Barcinski:
As a result of the J0jm Venture Planning Meeting in August, a d~cision was made to
include the newly rerlovated areas of Pineapple Grove and West Atlantic Avenue as well
as the Beachside in the footprint of Art & Jazz on the Avenue for 2002.
In our original request to your office we did not include the areas of the Beachside and
West Atlantic Avenue as there was no need for street closures for these locations. We
are, however planning with WARC through Rosalind Murray s small event at the Tennis
Center parking lot with music and food to celebrate the new streetscape. On the
Beachside (Intracoa ,,~al to Ocean Boulevard) merchants are hosting an open house for
new businesses early in the evening.
I apologize for omitting this information and hope that this does not cause a probl~n for
your office.
Sincerely,
Marjorie Fetter
Downtown Coordinator
Del,RAY BBACI~ $OtNT VEI~TLrRE · Commumty Redevelopment Agency · Deltay Beach Chamber of Commerce, Dowotowa Development Authority
OcL. A ,~.E Fifth Arc, tie, Oelray Beach, I~L 33483 · Tel $6J-27g-0ff,24 · 361-278-0553 · www, delr~ybe~chvlllagebythe~.a eom
--. 12/I]~/2t~1 11:03 5612780§55
DB CHAMBER COMMERCE
PAGE
~e D.0~tq~ Deter BeaGh Joint Venire in ~nside~on of ~e pa~ent of ten {10).
(Name ~
~ollam. m~ipt of ~i~ is hereby a~o~edged, agrees ~ indem~i~, hold
and defend ~e Ci~ of Delay Bea~, i~ ag~n~ and employees ~m ail su~, a~ons
and claims including a~me~s f~s and costs a~endant ~ any datm~
admini~ve preceding, appeal and judgment of eve~ name and des~pfibn brought
ag~nat ~e Ci~ as a result of loss, d~age or inju~ to pemon or pmpe~ ~dsing ~m
~d in ex~ange for ~e ~o~te~ QetmY~ea~_Joint Vem_u~ use of Ci~ ~dl~es
. , (Name of E~)
~pe~ for ~e spell event of~.~ ~J~.~n..~e Axe, e* and h~re~y releases ~e
C[~ of D~my Bea~, ~ agen~ and employees ~m all su~, a~ons ~ daims
ln~uding .a~omay's f~s and ~ ~e~nt to any claim, lffiga~on, a~{ni~e
pro--dinGs, appeal and judgment of eve~ name and des~pfion bmught;~ainst
Ci~ ~s a ~ult of Io~, damage or {nju~ ~ pemen or prope~ adsing ~m ~e spatial
event of ~ & J~ on ~e AYe~ue :
(Name of ~) .
* ~s Indemnifi~on and Hold Ha~l~s and D~end ~mement is only ~ ~.~
of insu~ main~in~ by ~e O~to~ Delmy Bea~ Joint V~m~as ~ve~
~der S~dale Insumn~ Company Poli~ numar CLS0~02
~_ &i..Jazz on.~J~he_Avenua
(Name of .Special Event)
W'mess
(Please type or print' name)
W'~ e-ss I -
Please by~e or print;name)
(Please type or prfnt n ,,ame)
Chairman, Detray Be~c~ ~olnt Venture
(~.-A S.E. FtlgA Aveaur.. De~ay ~ FI. 33,~3 - Tel: 34l-Z"/8-042¢ · ~61-Z7~-0555 · w~,~.~,
CITY JIF OELRrI¥ BErlCH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090- FACSIMILE 561/278-4755
WrRer's Direct Line' 561/243-7091
993 DATE:
December 6, 2001
MEMORANDUM
TO:
FROM:
City Commission
David Harden, City Mana~g~j:
Brian Shutt, Assistant City Attorney
SUBJECT: Cable Renewal Process/Appointment of Outside Counsel
The City's current franchise shall expire on July 22, 2004. On October 17, 2001 the City
received a request from Adelphia to start formal franchise renewal proceedings under the
Cable Act. Adelphia is the City's only cable franchisee. The City previously went through
the renewal process in 1987. I have outlined the general procedures that the City will be
required to follow during the renewal process. The renewal process can proceed either
under the formal or informal procedure.
A. Required Under Either the Formal or Informal Renewal
The renewal process commences during a six-month window beginning three
years before the franchise expires (from the 36th to the 30t~ month before
the franchise expires). The cable operator must give notice of a desired
renewal in writing during this time window. A municipality may give notice
of its desire to renew during this time window. For the City this window is
from July 22, 2001 to January 22, 2002.
Once a municipality receives a notice of renewal from the cable operator, the
municipality must begin the renewal process within six months. Thus, the
City must begin the process between October 17, 2001 and April 17, 2002.
B. If a Municipality Elects to Follow the Formal Process
The municipality must gather information sufficient to identify the future
cable-related needs and interests of the community.
2. The municipality must review the past performance of the cable operator.
The municipality must develop a request for proposal based upon the above
two reviews and submit it to the cable operator for its response.
4. The cable operator must submit a written proposal.
The municipality must provide public notice of the cable operator's
proposal.
Within four months after receiving the proposal, the municipality must
decide whether to grant the renewal of the franchise based upon the proposal
made by the cable operator, or issue a preliminary assessment to deny the
renewal.
If the municipality preliminarily decides to deny the renewal,
administrative hearings are required and public notice must be provided to
consider the criteria below:
ao
Whether the cable operator has complied with the existing franchise.
The quality of service provided.
The financial, legal and technical capability of the operator.
Whether the operator's proposal is sufficient to meet future needs.
o
The municipality must issue a written decision granting or denying the
renewal proposal. Denial may not be based upon the cable operator's
failure to comply with the franchise or the quality of the cable operator's
service unless the operator has been given notice and an opportunity to
cure.
9. The cable operator may appeal to state or federal court within 120 days.
If a Municipali _ty Elects to Follow the Informal Process
The municipality gathers information regarding community needs and
interests as well as the past performance of the cable operator.
2. The municipality develops a request for proposal.
3. The cable operator submits its renewal proposal.
The municipality must give public notice of the proposal and an opportunity
for public comment.
o
The municipality reviews the cable operator's renewal proposal for the
following criteria:
Whether the cable operator has complied with the existing franchise.
The quality of service provided.
The financial, legal and technical capability of the operator.
Whether the operator's proposal is sufficient to meet future needs.
6. The City and the cable operator negotiate renewal documents.
Although our office plans on performing most of the work required for the cable renewal
we would request the appointment of Ila Feld as outside counsel in this matter at the rate
of $200.00 per hour to act as a consultant for the renewal process and to assist us with
technical items. Ms. Feld is with the law firm of Leibowitz & Associates and is located
in Miami. This law firm has extensive experience in the cable renewal process and we
would seek their advice and input during certain portions of the renewal process.
Please place this item on the December 11, 2001 City Commission agenda. Please call if
you have any questions.
CITY OF DELRI:IY BEFII:H
CITY ATTORNEY'S OFFICE
1993
POLICE LEGAL ADVISOR
300 W ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
'l ELEI'IIONE 501/2-~3-7823 ',' FAC'~IMILE 561/243-7815
POLICE LEGAL ADVISOR
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
December 3, 2001
City Commission
Catherine M. Kozol, Police Legal Advisor
Pratt v. City of Delray Beach
The City Attorney's Office is in receipt of a proposal for settlement in the amount of
$79,999.00 in the above case. This case involves an incident which occurred on
March 13, 2000. The Complaint contains a count of negligence against the City.
The Complaint alleges that Officer Rachel Saunders, while driving a City vehicle
within the scope of her employment, struck the rear of the Plaintiff's (Mr. Pratt's)
vehicle, causing injury to Mr. Pratt.
At this point, we do not believe the City is responsible for the alleged injuries or the
amount of damages and/or lost wages claimed in this case. The City Attorney's
Office therefore recommends that the Plaintiff's offer of $79,999.00 be denied.
By copy of this memorandum to David Harden, City Manager, we are requesting
that this item be placed on the December 11,2001 agenda.
SAR:jw
CC;
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
Gene Montfort, Gallagher Bassett Services
Frank Babin, Risk Manager
City of Delray Beach City Clerk's Office
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Ma~ City Commissioners
Karc~-ffchell, Executive Assistant/Board Liaison
ELDER READY TASK FORCE APPOINTMENTS
December 7, 2001
On October 16, 2001, Resolution 65-01 establishing an Elder Ready Task Force for the
purpose of creating an Elder Ready Report was adopted.
The Elder Ready Task Force shall consist of fifteen (15) members with representation of
Senior Citizens, the Community at Large, the Chamber of Commerce, Florida Silver
Haired Legislature, Community Neighbors Helping, Chaplains Association, Hospitals,
Police Department, Fire Department and Parks and Recreation Department, with each
member of the City Commission appointing three (3) members to the Task Force and the
Mayor appointing a Chairperson from the membership.
The following have submitted applications for consideration:
(See Exhibit "A" attached.)
A check for code violations and/or municipal liens was conducted. None were found.
Voter registration verification was done and all are registered with the exception of
Michael Rosenbaum.
Based on the rotation system, the appointments for members will be made by
Commissioner Perlman (Seat gl), Commissioner Archer (Seat #2), Commissioner
Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Schmidt (Seat #5),
with the Mayor appointing a Chairperson from the membership.
City Commission is also requested to consider if they wish to assign a Commissioner as
liaison to this committee.
EXHIBIT "A"
Arthur Anderson
Deena Baggott
Skip Brown
Rosa Bush
Leonard Epstien
Richard Evans
Gerald Franciosa
Alberta Gaum-Rickard
Dana Goldberg
Emmett Gumm
Benjamin Knabb
Ivan Ladizinsky
George Maso
Phyllis Rosen
Michael Rosenbaum
Bern Ryan
Leon & Fran Sachs
Jeanette Slavin
James Smith
Edith Thompson
Joe Weldon
Carolyn Zimmerman
Professor/Doctor
Police Department
Police Department
Retired
Broker
Chaplain
Retired
Parks & Recreation Department
Sales/Marketing
Retired-SCORE
Fire Dept Lieutenant
Marketing
Realtor
Home Care Provider
Freelance Editor
Property Manager
Retirees - Government Administrator &
Teacher (Husband and wife both willing to
volunteer.)
Florida Silver Haired Legislature
Retired-Controller
Community Neighbors Helping
Parks & Recreation Department
Senior Citizen
RESOLUTION NO. 65-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING AN ELDER READY TASK
FORCE FOR THE. PURPOSE OF CREATING AN FJI)ER RE~DY
REPORT; AND AN EFFECTIVE DATE.
WHEREAS, on August 7, 2001, the City Commission of the City of Delxay Beach adopted
Resolution No. 48-01 supporting the Eider Ready Community Program; and
WHEREAS, in order to allow elders to maintain their dignity, security and independence,
commumties must assess and evaluate their infrastructure and servme programs; and
WHEREAS, the City Commission of the City of Delray Beach is desirous of receiving inpot and
assistance from a cross section of the community in developing the Assessment and Elder Ready Report.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there hereby is established an Elder Ready Task Force, which shall prepare an
assessment and report on the City's readiness to better accommodate our senior citizens and their way of hfe.
Section 2. That the Elder Ready Task Force shall consist of fifteen (15) members with
representation of Senior Citizens, the Commumty at Large, the Chamber of Commerce, Florida Silver Haired
Legislature, Community Neighbors Helping,. Chaplains Association, Hospitals, Police Department, Fire
Department, and Parks and Recrealaon Department, with each member of the City Commission appointing
three (3) members to the Task Force and the Mayor appointing the Chairperson from the membership.
Section 3. That this Task Force shall meet at a minimum of once per month or as required.
Section 4. That the City Manager shall provide necessary staff support.
Section 5. That the Elder Ready Task Force shall immediately pursue its assigned task with a
target date of accomplishing said task by November 1, 2002.
Section 6. That the Elder Ready Task Force shall disband upon the discharge of its ass~gued task
by, November 1, 2002, unless otherwise extended by action of the City Commission.
PASSED AND ADOPTED in regular sesston on this the 16t~ day of October, 201~1.
Cay Clerk
CITY OF DELRAY BEACH
1993
City
Ztp Cod,..
Zip Code
Sure ! Z~p Cocl~
you are currend) s~rvmg ar have prev]0usly scrvcd (Plet.~e tnclude dates}
l.~r.t .m> relar_cd ptofcs~,ona} cerdficauons and hceuses which you hold
P~- ~G ~,~d oF G~~r~-~f~o~a~d,.~/ C~~.~
,¥-'¥ -~, apVhc:non x~ remain on ~e ~-O~e C:W Clerk's Office for a pcnod o( 2 years from the dat~
sut,,~e3 lr ~'~ be ~c app~c~m's responsib~ co ensue ~t a cu~nt ~p~~ ~'
NOV 0 8 2001
CITY CLERK
0L:' CE
i2:46
5~13~73335
ARTHUR W. ANDERSON, Ph.D.
517g WIndJor Park Dr,ye * Boco Baton. Flor,da .~$696 · Telephone. C361) 999-9219
EDUCATION
CAMBRIDGE UNIvEILSITY. CAbiBRIDGE. ENGLAND
Post Graduot¢. 1982
SA.P'TY LOLqS UI~VLa'RSITY', GR-Alq'TSMA/~SH~ ~O
Cert,ficote 19~1
,x6qCH~IGA.N STA'I'~ Lrl~V~RSrl-1r
Ph D_. ]973
Comb, me.~ major tn Higher Educauon Adnum;traoon, ln~tutional Re.~¢b. and Sm~cm
Person~e[ Cognate m Labor and Industrial l~latiot~$. Major professor, Dr Pa-uJ L Dtr. at, eI,
~st~'~aJ~t ProvoST for Institutional P. es~ateh D~rtaaon topic "Educauoaal Prograt~ In
~,ne$-s and ]udustry and Imphcaforts for g. tceivln$ Credit Toward thc Enxtrn:ml Degree ~
WAS~,rE STATE tYN1VERSITY
Waster oJ Soence. ] 968
Gtactance ~nd Court. ling wtth cognate m POJcholog7.
W AY'JqE STAT~
~acl~elor of $cience,
Elementary Educa0o~, wa~ major m So~al Stvaiea. Cognat~ m t~oglish ~lad
E XJ:~EKI~NCE
PALM BEACH COU'NTY SC. blOOL
~kfember 1986 to t994
Cha,rmen ]98701989, 19P$-1994
D~wct afl'mrs ora pubhe school district, thai ,n 1993-1994 s~rved 120,000 K-12
employ, e~.% and had an annual bu~gat of ort¢ btlhon aollax~ Respon$ibihue4 mclu~e pohQ
fommuon, budget I~tepa~auon and tmplementaaon, preparation of legislatsve propomJsdabby~g
employee relataorts, etc
F'LOPJDA ATLA.NTIC UNIvERSrl'Y
t978 to £re.¢ent
Cho~rman Deportment of Edl,cat~onol Foundations and Ttchnolo~,
ond Profe.tsor of Educat~on 1982 to pre~ent
~ne~ a~g~Uve ~n$ibzJ/~e$ br ~o D~nt ~m~g m 199f of 13 ~ ~
f~ ~,d 20 a~ profo~ T~h ~ ~d ~der~aduate ce~ In ~e ~ of
M~c~ ~u~uon ~d S~i~ For~$ m Edu~auon V~ College ~d Umve~W-~de
~s:g~en~ ~d mem~p on n~erous ~cto~ ~deflt
~¢t,ng D~rec~or of U,,,,,~rs~O, Offic. o/Equal
Oppor~n,ty Programs. IP7P tO 1950
Develol~ a~'msuv~ action pohcle$ ~nd gmdelin~ to mr.r..t f~enO ~nd ~,arg re~lu~¢ment~
Mon,tm~ campus.w~ae amploymcnt ami promotional activity
.4.t.cistane Deon ond Profe~or of Educaemn 1978 to 19B2
~I~ by ~ D~ Di~sion ~. Po~ao~ ~d Fie~ E~en~
~:~ m~btllt7 for Di.sio. Taught v~ ~te ~d ~r~ ~ in
M~EDGAR EVEI~ COLLEGE OF CUNY
CBT£ Program Db'corot ~d
q~xoc~ore Professor of E~catton. 1973 to
Dcvclo~ ~d ~ fir~ Com~tea~-~ T~r T~n$ ~ a~rov~ for
implemcn~oon by ~c 5m~ of New York. ~ent
STATE OF MICI'flGA_N. DEPAJ~TMEI~ OF EDUCATION, H2GI'fER EDUCATION
Cons'alta~t. 1970-1973
va~ actnutusu-ative respO~l$1bilih~ State aad regional platming of lughe: edu~t~a~ and
httm,~ servace delivery b3,S'terns. Con, IRritant m bu$1n~a mid industry.
FffGI-ILA,ND PAP~ SCHOOLS
C~-otdonce Counselor and Teacher 1965 to 1970
Dtr~o~ of ~s~ ~ellog pro~ ~ well $ ~lor for Gr~s 9 - 12 Taunt ~s
CONSULTAWI
L~v~t Homes Corporauon
Umu:d 5tatcs Department ofl~ducatwn
~m~, of~umuon, Li~a. Wmt ~
Nauo~ ~a~r ~r ~e $~y ~duc~o~ PoII~
W~Mn~on. D C
M G T of ~en~ T~I~,
PMm B~b ~ Sch~ls. P~m B~h ~W,
Brow~d ~ Sch~lfi, Brow~d Co~,
~ C~ Umvtm~ ofN~ Yo~, N Y,
~u~uo~ ~~ Center of~e S~t¢ Umvgrsi~ ofNcw YorL B~ N Y
New York CiO ~bll: $ch~ls, Br~, N Y.
PROFE$ SIONAL....ME ERSHIPS
National Education Advisory Board. Me, tLite R~
Ln.stirouormJ R~te. sen~ovg, American Assocm0on of Colleges for
T~che~ Educ, auon
NaoonaJ ~::hool Bo~r~lt~ A~sociaoon
Boa~l of D,r~'~o~. Florida School ]~ma'ds A.~omaUon
PM Delta Kappa
_ ~U~q[VERSITY AND COLLEGE ,,ACTIVITIES
Advisory Board. Flonda Atl~nQc Universtty P~se.~ch
Hen(ferson School Adwso~y Conu~i~e
Adwsonj Bo~'d, Ernest 0 Melby Community Education Center
College of F. du~atJon Pr~mo0ol~ alld TenuJ~ Procealu.re R~riew commat~
College of F. xlucatlon Promotion ~O Te~u~ C01~Jtte~
Chmr and Member, n~m~ro~ Doctoral
A~sor lo FAU Bilk Student Umon
FAU Ad~ ~d for ~fi~
FAU~ Joint Plan8 Com~
Co-Foyer, FAU~/S~S Study Ab~ P~
Develo~ FAU~w~d Sch~ls ~iljn~ S~et I~te
CoOege of ~on C~~ ~l~o~
Smd~t ~to~
U~versi~ A~SO~ ~~ for ~k ~o~ MO~
Nauon~ P~n~ Co~ ~or ~n~ oa ~ ~b~
,,..VK'~ MEMBERSHIPS AND AC.T. IVITIES
Adwsory Boasd. Florta~
~lon~ Co~ Eor ~e l~ion
St~ co~ Eot ~ou~t Flo~ 2025
(~ ~ ~t ~ S~ ~ C~
A~sor to ~e Hono~bl~ Ve~ ~tor, ~od~ Co~ss~oncr ~f~u~oon
Thc ~ofi~ Refo~ ~d Ac~b:l~ Co~sslon
A~so~ B~, ~e ~lon~ 0~o~ ~$ement D~ ~solu~oo
Co~o~
~e ~on~ P~d Pos~n~ ~u~uon France go~
Hono~le ~m~r, Tl~ ~o~ S~ Co~cil of ~mor Cm~. ~c
F~e~ ~lauom No~ork ~m~, Naoon~ ~hool ~o~ ~ocmuon
B~d of D~o~, S~ ~1o~ P~l~omc O~ch~a
B~d of D~, The C~dwoll ~ o~ ~ton
~o~ ~Di~, Tho Ch~r of
Thc Ci~c C~tor Study O~p ofP~m B~b Co~
Bo~ of Dir~tm. ~ Um~d Way ~ P~m ~h Co~
Houo~ Membor, ~o~ ~ Diary, ~ol~ust ~ch Colt~o~ FAU
5513673335 EP ~OUND & TECH P~GE O~
AND AWARDS
Floricl3 School Boainl Asno~tatsoa~ O~t~dlng Serv~c~ A~d for 1993194
D~sh~ Professor, Coil~g~ of~du~on, TAU 1991/92 A~c Y~
Appr~aaoa A~, ~ Lu~r ~ng Co~a of We~ P~m ~
~o~, F~ 1992
Appr~ia~on A~d, Na~oa~ School ~s A~c,a~on, F~b~ 1992
A~rec~a~on A~ds, B~ ~n C~r ofCo~erce. Ap~I 1991 ~a ~y 19~
L~def~h~p FIo~ G~d~t~. M~ 1990
~o's ~o m ~e~ Eduofion. 1989
FIon~ Di~n~sh~ Black Edu~tor A~t F~sL 1989
Approbation Aw~. TAU ~AC A~ Co~, 1989
~on~ Educator Best ~cle Aw~. 1988-1989
S~ Awed of Appr~iauon. Yang ~u~en~s ofP~m B~h ~, ~y 19~9
M~ of ~ Y~ in P~m B~h Co~W, ~y J988
P~ople ~o watch-Profile. ~urh F/omdo Mag~me. Feb~ ~988
~9ha PE ~ha Fra~W A~d for ~~g Co~ Se~ by
~ Educator, 1987
t.,'k3LtCAIIONS
1989. January/FeBt"~aty) Florida Pr~atd College l~og:r&m Coml~t~
1988-1989).
,'~derson. A W (1989. Match 12) Vaned Ra¢i~d Mix i~c~,~tiaJ for Schools
~e Palm ~¢ach Post
,'utOer~on A W (1988, July 2~ In~egmuon of Schools a Joint Et~fl
The Palm Beoch Post
A. nd~rs~n, A W ( 198¢, Fall). Elementary Schooling tn &mol'ica. A l-bslory of
D~scnmmaUon Teacher Education Quarterly Calffol31Ja Council on the
F..4ucauon of Teachers, School of Education, UmversKy of C_.alffortua, Berkeley, CA
/~derson A W (1982. Fall) Inadequacies (ifa De~ntralize4 System of Lower
~bh¢ Edu~Uon m Or~t B~n. Threshol~ m Educonon ~holds m
Edu~on fo~oon
Anderson, A W (1981-82, Wrater} [Re~ie~ o~ WI~yInnov~tmnFmls' The
Instit~ttonohtation and Terrninahon of Innovation tn ft~gher ~htcat~on~
Educational Studie$, pp 12
Andcrson. A. W (Ia/16aty 22, 19'/5). lmprow, men! of~ffucatlonot Servicer
Competenc~a~ed T~acher ~atmng, A ~N tO ~ ~a~O~ Center for
~c S~d~ of~u~on~ Poli~ ~l~v~. W~n~on. D C
PAGE
Ande. rso~ A W (19'75) Emph~is Hummu~m In Golubcki~, LH. andPcrsky. B,
(Eds ). ]nno,,atlon In EOucor~on. Dllbtlqoe. IA' I~rMalVHux..
,a~nderaon. A W (19'/5) The Abridgment of the Gap B~t~n Compt, teney-B.~
Teacher Educa~on and the Soc~l Sciences In Golubc~uck, L H. ~d Perv&y.. B
~-~-~, A ~ ¢19'/$). ['lllg~ew ~f Femole ond Male $octahtatton. Soe~al Roles. and
Sacral Structure.r] Chlld SeuaS' do~rnat pia 228
A~derson, A W (19'/2~ i~gher EducaOon Ne~d.s ~e Southca.stem Michigan, State of
Msctugan. DepatUllent of Edueolaon
Agu:lerson. Pt W ('March 9, 1971), l~qtuility of Access to ~ghor Edu~auon in M~clxig,~
Sta~e of M,cbJg~n. Department of Edm:at/on
~,.ndcrr. on~ A W (hme. 19'/0) Poslxecondo~ trduca, t~on Oppo~.tumry m 3d~chtgan Papex
presentP,~ at Conlrerenc~ of MichJgan COUrL~lofs Md FiII.I~cL~i AJd CH~c.~rs.
wayne State Urkiversi~,. Drtro~L Michigan
,~mder~on, A W (June, 1970). ~'tnancmg the Postsecondary ~rducattot~ of ~fftno~o, ~OUt~
paper presen~ at Co~e~n~ of~c~g~ ~lor~ ~ fi~c~ ~d
~ce~ Wa~o S~le U~vers~. ~it, ~CM~
~nck'rson, A W (Jtme 1970) Re.c. omtrlen~at~ons tot lmplcmentalaon of F_.quah~ of
Access tO ~gher E4ucaUon. Univer~,t~ of Mtcluga~ Dearborn Campus
A. nder$om A w (19~0) A SunulxaO' ofRa~ial-Ethtu¢ E!mollment m Maelugan
InsuruUons ofi4sgher £dueation. SLate of l~¢l~iga, n Del:~qXDent of
Educauon
L,_-.Q'ERENCE S
· Avmlable upon request
~ CITY OF DELRAY BEACH
II1~J BOARD MEMBER APPLICATION
1 993
2001
2. T~ome Add. ss:
3. Legal lh:sidemce:
4. Principal Business Address:
5. }]otue Phone: J B~ess Phoae:
6. Are you · re~st~cd vo~er~
JE-Mail Address: ~ J Cell Phone:
M.I.
State ZIp Code
State Zip Code
State Zip Code
Fax:
If so, wheze a~e you registcxed?
-7. What Board(s) are you interestcd in ser'dng? Please list in order ofpreferen~:
8. list all C,rv Boards on which you arc currently serving or havc p~vlousliscxved: (Mcase include dates)
.
9. E&~cafio~ q,~cafons'
10. List .~y related professional certifications and licenses which you hol&
11. C~vc yo~ pxescnt, or most recent ~pioye:, ~d ~s~don:
12. Des~b~ ~ences, s~ ~ ~ow~ w~ qu~ you to ~e on
1 hcrcby certify that all the abovc ~tatement~ are me, ~nd I al~e ~nd undcmtand fl~t any mi, rammen~ of materia!
contlda~d in d~is ~oplicmtion m~y cmu~c forfeiture upcm my part of any appointmczat I zz~y
mhmtted. It ~ be ~c appk~t's re~%~ to enmze ~t a ~t appS~ ~" ~ I~
OCT 1 2 2001
CiTY CLERK
08/20/01 ~ON 09:53 FA/ 561 243 3774 CIT~ CL;..Rlt[ ~002..._
DELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
]:'lei,se tFpc or~p~ut the ~o]lowiog intonation:
1' LastNxme: ~L~p'
2. ~ome ~d~
~n~p~ Business Ad'ess:
6. Areyoa a re~st~ otc: --
7.
City
E-M~ Ad.ess: [ ce~ Phone:
If so, wl~e. te ate you :egiste:ed?
What Board(s) aze you interestcd in serving? Pt~e list in orde.: o..f prefers, cc:._ --
8. List all City Boards on which you ~c cu~encly serving or havc previously sctved: ('Plcase include dates)
i0. List a.n> t~ela~ssicrm~ ¢~r~l:iJS~cadon, a~nd liccn,e$ which you hold:
11. Crivc your pj~cnt, o~: most r¢cet~employ,ez, and r~smon:
-
12. Describe expcziences, skills or knowlcdge which qualify you to serve on this board: (Ple~sc attach a brie£~cst~e)
I h~rcby certify that all the abovc statements arc ~e, and I ague ~d'~Bmmd ~at any ~sntm~m~ of rear.al fac~
subimtted. It will be thc zpplicajxt's rcspo:mbility to ensuze that a car. tent
Nl-lmm, i~City
BOARD MEMBER APPLICATION
1993
2001
Please type or print the following mformauon:
1, LastName: ~145~,
2. ~.),.)j ~r~e
Home Address:
127 .
Legal Residence:
4. Principal Business Address:
Name
CiD·
State
State
State
Zip Code
Z~p Code
Z~p Code
5. Home Phone. I Business Phone:
(St, 0 7,, 7
6. Are you a reg;stered voter?
E-Mail Address:
Cell Phone:
Fax:
If so, where are you reg;stered~jD
7. ~X~._'h/attBoard(s~e vo]~ ~nte~ted m serv;ng> Please hst xn order of preference:
l ead,4
I -
8. List all Cra- Boards on which you are currently serving or have prev;ousl) sen'ed (Please :nclude dates)
9. EOucataonal, quahfica nons ' '
10 L;st an)' r~ated professzonal ceruficauons and hcenses wmcn' you hold
11 .Gn'~ your p_resent, or mos~t recent employer, and position.&., . .
- -' / / / '
1_. Describe experiences, s~s or ~owledge whm~ quah~' you to se~e on thls board ~lease attach a brief resume)
I
I hereby cerufy that all the above statements are true, and I agree and understand that any rmsstatement of material facts
contained m tMs apphcation may cause forfe;mre upon my part of an)' appointment I ma)' recen'e,
SIGNATURE DATE
RECEIVED
Note: TI'us apphcauon will remain on file m the C;t3' Clerk's Office for a per;od of 2 years from the date ~t was
subrmtted. It will be the apphcant's responsibzhtT to ensure that a current appi~can~'o4 ~ie~00l
SxCIT5 CLERK' BO ARD APPLICATION
CITY CLERK
IOAR, D MIM~,~R ,~P~LIGATION /C- d- c~
OCT 1 2 2601
I completed a leadership lraining course give. by the Ar~a Agency~TY CLERK
Aging. I currently speak about the egencies' purpose to various
organizations. I have else completegf the Senior's course given by officer
Skip Brown of Delray B~ch. I am chairman of Elder Affairs committee at
the Alliance of De/ray Associations. I have also served on the Jewish
Community Center Board and chairman of their Family Division at the
Weinberg Center in Delr~y Be~ch.
believe I can help this committee function with the knowledge garnered
f, orn all the above.
/ had spoken to Jon Levinson about the possibility of my appointment to
this committee Please call if you have any other questions.
Leonard Epstien
11/30/2001 19:52 561-454-5300
11,1~/ul ~UN 11:16 FA,T. $$! 243 3774
~.~- i_RAY SOUTH PA,~E
qJlp®
BOARD MGMBER APPLICATION
2001
2. Home
qg":i 3 p^LM
3. Lcgal Rcxide~ce;
N..,,. P-.lC HARD
I
,'F.,-M~il .Add--ss: ! Cell Phone.
Arc you a zeg~mred voter? If so, where ~ you R~t~d?
~a: Bo~d(s) ~ you ~t~m s~n~ l'le~e ~ ~ o~d= of p.f~e, ce;
State
FL.
IF~x:
Ol
10. ]_~st .a~y tchtcd pzofessio~/c~ufic~ooas snd.h~?se_s which you hold:
11. O~ve .~' prc$<mt~ o~ mosc z¢c~T gm?lc~ycz, ~nd podaon:
tZ Desc~be ~en~ccs, s~s or ~owle~ ~ q~ ~u m s~e ~ ~ bo~: ~l~sc .~ch a ~ef ~es~e) J
/o y~ ~~~ ~O~K~,~6 ~,~ ~,Oe~ /w Acc F~~ OF T~,~
]h~e~u~d~lt~cz~cs"t~~e~c,~di~d~d~d~Y~S~~ent°f~t~rac~ ~ ~
:o~~ ~ app~c~6~ may c~e f~ up~ m~ p~ o~ ~y ~~t 2 may z~e. i
Not:.
TMs applicataon w~ zemain on ~¢ m thc City Cl=k% Office for m period of Z years fi:om thc chte ~t was
DEC .-" 3 2001
CITY CLERK
FC'l:lll :
GEF'-':.HII FHX lEI. : 56,1:_mE,E,074E, 13el. 10 20'31 0r~:~2F'll
~l-~C~
~ BOARD MEMBER APPLICATION
1 9'..-J ~
~ool
i1.
Please n'pe ~r pnnt the foll¢,wmg miormiu(m-
Last
Name:
}-h ,mc Aclclrcss
% Legal Residence.
Stat:
IM1 [
' 7_iD ('ode 'ii
{/.~p C,',de '.
4 Principal Busmrs> Adclrc~s. ~,1//~ Cra' State
5 'q,- me Ph.:,n~ ] Bu>m,ss Phone: m E-M~ Ad&ess' .. ,m Ce~ Phone- Fax'
l.,st ,,I..I .:~r,' Beard,,. ,n wl~d: you are eurzendv serving or ha,, prcvaously served rr'lcas¢ include daw,.
mai certificauon.~ and hcenqe.- *~,luch x'ou hold.
I l O~x'e ~,)ur pxesenr, ox most recent empioye~, and po~imm:
,'- 2/,c:;be cxpcncnce.~, skills or knowledge 'a'kich quali/5., you to s~e on tins board: ?'Pl,.ase ar, ach a brle¢,..r0me
'"' ......r . _- ' EIV~D
~t appllcauc,z~ ~s ,.,n file /; /
D~LI~Y ~E~ACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
II. Last Name:
12. HomeAd~/
4. Pri.'mtpal Business
Name
City
I E-Ma~! Ad&ess: ~ C¢I~ Phone:
If so, wheze arc you ze~ste~cd?
State
Zi.'p Cgd~e
Zip
Z:p Code
7 \~;"net BoxrdSs) rte v~u i'~terestcd m .~¢rvh:g? PlcaseJist m order of preference'
8. J.i:t al. Cl.5' Board,, on ~,hlch you axe currently ~e.wing ot have previously sev:ed: (Please include
1[' I.i$~ any .,cl.~t¢~ p.'o~c,ion~J ceraac-~ons ~d l~ccn~e~ w~ch yo~ hoki'
'il. Give ~'o~ prc~ent, or most recent cmpleye~, and po~:laon'
~,Ll:~treby ~er~f5 that all thc al.x3ve ~tatemcr~'~ ~:e true. :md I a~ee and ~d~s~nd
;ont~ned m th.s ap~o~n m:v cat:sc ~orf~c upon my part
SIO. ;ATG~ D
~Note: 'lq~., apphca6on will zem~Ln on file m the C:D- Clerk's Of£ce tot a pcno8 of 2 year~ horn the d:te it -,vas
subrvg~cd
It w~ bc ',he apphcant's respor..4bil.q' to ensure that ~ current applicaco~ is on Kc.
RECEIVED
OCT 2 2 2001
CITY CLERK
DELRA¥ BEACH / ~5' /'~' ~,~
BOARD MEMBER APPLICATION
1993
2001
Please t~lae or print the followin~ reformation:
2. Home Ad, 1038] La Re,ma Ro~d City State Zzp Code
D¢lmy Beach, Fl. 33446
3. Legal Residence: City State Zip Code
4. Principal Business Address: City State Zzp Code
ob0ve
.5. Home Phone: Business Phone: [ E-Marl Address: Cell Phone: [ Fax:
~'~ ~56~ I 302. - ~5~/2'[I ;r~ 10a a01. 302 - '~$q%]1
6. Are you a regastered voter? ~ ~ 9 If so, where are you regqstered?
7. \X~hat Board(s) are you Interested m servtng? Please hst tn order of preference:
~1o} e r COre
8. L~st all C;t'v Boards on which you are currendy serving or have previously served: (Please Include dates)
9. E-~cauonal quali/ficauons: ....
! -
10. List an}' related professional cernficauons and hcenses wluch you hold
, above
11. G~ve your present, or most recent employer, and po/~mon:
12. Describe experiences, s~s or ~owledge which quah~' you to se~'e on ~2s board: ~lease attach a brief resume)
............ / ,
co~t~ed tn ~ls ~ppbc~o~ m~y c~se ~ot~]~e u~o~ my p~ o~ ~y ~om~ent ] m~y tecelve.
Note:
This apphcauon will remain on file tn the C:t3' Clerk's Office for a period of 2r~Ys~rom ~e'"aate ~t was
subrmtted It will be the apphcant's respons~bili~' to ensure that a current apph~n
GITY CLERK
DANA GOLDBERG
10381 La Reina Road
Delray Beach, FL 33446
(561) 638-8591
(561) 302-8592 (cell)
OBJECTIVE
To obtain a challenging marketing and sales position which will utilize my skills
education and experience for mutual benefit and optimum professional growth.
QUALIFICATIONS
· Service oriented effective interpersonal communication skills necessary to
generate new business and maintain existing accounts.
· Highly motivated: extensive and ongoing interest in related senior issues
regarding health and quality of life. Active and professional in community based
programs regarding seniors.
SALES RELATED EMPLOYMENT
· LifeTrak by Ituran 2000-2001 Marketing and Sales Consultant
Electronic location products for the senior market. Presented and demonstrate
equipment to potential clients such as; health care providers, direct consumers,
physicians, nurses, social workers, and senior centers. Established and
maintained rapport with associations of the elderly, participated in events and
trade shows for the public and the industry. Responsible for editorial of the
company web page, newsletters, brochures, newspaper articles, and
advertising copy.
· East Coast Marketing Marketing and Sales Associate
Currently attracting new accounts and servicing existing accounts. Confer with
clients, evaluate market area with management, attend and participate in trade
shows and presentations for food distribution companies.
· William Raevis Real Estate 1989-1991 Licensed Realtor
Obtained and marketed listings, represented buyers in negotiations for sales
Supphed information and resources for remodeling and new construction both
for listing and buying a home
· Outdoor Sports Center 1988-1989 Sales and Administrative Associate
Sold hard good and soft goods. Compiled and analyzed inventory and sales
data. Maintained employee incentive programs.
EDUCATION
Bachelor of Arts: Political Science - State University of New York at New Paltz
Teacher Certification: Western CT State University
COMMUNITY ACTIVITIES
Junior League of Boca Raton, Watersedge Elementary School Parent Teach
Association, Board member of the Tierra Del Ray Homeowners Association,
Alzheimer Association Volunteer
CITY OF DELI~kY BEACH
BOARD MEMBER APPLICATION
200~
F',A,_:,IF 02
G
¢~
~t~ ~o~r? " ~ ' if;o, ~hert are you re~s~excd?
you ,"~cze~ed i~ ,c~m~ P~.~ ~t m ~ ~f ~f~ce
~.~ ......
State
$~at~
M. I.
Z~p Code
Z,p C°dc
State 7.4, Cod~
~"~
D.'~T~
Note T'}'~I. apphcedon will t~nain on ~e m ~t· Ci~ CI*~', O~c< t~r · p~od of~ y~'~ ~c ~ste ~t was
m
sub~t:cd It ~ be ~e ~pb~t'~ r¢~po~b~W to cn.~e ~t a c~cnt ,pph~non :s on file
RECEIVED
DEC - 3 2001
CITY CLERK
I0 11:01 Th'Ir 12:18 F.a,.I 561 243 37?4 CITg CLERK
993
200~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
iL
I~l~'~'~, rrdatcd ptofes~om.l ~:ti~eat~o=s amd license,~ -~-]uch you hold
[ 12 Describe exeer~.nce~ ,kills or~k~owteclge ,~kich qu~ you to s~ ~ ~ b~ ~se *I~' a brief reg~e3
aterJ~l fact~
V~- '-'-': .......
OCT I 1 2001
CITY CLERK
"~ 'd 81)PL it'E 19S '.Ld3r3 3WIJ H,?.3fl 3, W~]93,'I Nd '90:i'r) '~Hi - '
11/19/01 20:40 FAX 561 243 9242 REI.
BOARD MEMBER APPLICATION
1993
2001
10 l~st any rcla~ed professional ceraficauans and hcenses w~uch you hold
1 1 Gxvc vou~ present, oz most recent emplo.~ er, nnd posmon
con~s p~e upon my pm'~ of' any appomrancnt I
m r.he CJ~ Clerk's Office for a period of 2 years from thc d~tc it ~vas
Note' This appbczuon wffl rcmqn on ffl~, .
CITY CLERK
IVAN LADIZINSKY
1850 Homewood Blvd. #408
Delray Beach, FL 33445
(561) 266-9084 FAX (561) 266-8827
ladizinsky@mindspring.com
Thirty years of accomplishment in radio and television at the major market and network
levels, Achieved honors in promotion and marketing and in news programming.
Conceived and produced advertising strategies, sales promotion, created Identity and
Image campaigns, and developed broaclcast news formats both locully und nationally.
Most recently in Florida, coordinated client relations and customer service and fulfillment
requirements for a television production company.
1998 - 2001
Multi Media Productions "USA", Inc. (Boca Raton, FL) Special Projects Coordinator
Asslstecl In the production of Wodd Business R~vlew with Alexander Haig: a weekly
TV series about business innovations and new technologies. Coordinated client
fulfillment, programming distribution, and contributed articles to World Business Review
magazine. Coached corporate clients for their television appearances.
1993 - 1998
Antelope Broadcasting Company (Lancaster, CA) General Manager
Managed thr~ radio stations, adjacent to the Los Angeles market.
Developed an all-sports format for AM radio and Modern Rock format for FM.
Prepared the stations for sate and in 1998 identified the buyer. Stations were sold to
Jacor Broadcasting and subsequently to Clear Channel to the owners benefit.
1987 - 1993
Ivan Ladizinsky & Associates (Los Angeles, CA) Founder & Creative Consultant
Clients ranged from advertising agencies and public relations firms to writing and
producing promotional videos, print ads and sales collateral for real estate developers
and sports gear manufacturers. Partial list of clients: B JR Public Relations, KNSD-TV In San
Diego, LA Gear, World Wide Wadio (a commerclal production house). Jacobs & Ge~'ber
Aclverfising, and NorthStar Natural Gas.
IVAN LADIZINSKY Resume Continued - 2-
1985- 1987
WCAU-TV JCBS} (Philadelphia, PA} Director of Creative Services
Created and produced advertising and marketing campaigns, innovated new graphics,
and on-air promotional spars dally to engage a larger share of the market. Reorganized
and equipped the art department with state-of-the-art facilities. Established a strong
position for the station in news and public affairs programming.
1981 - 1985
ABC NEWS / Nightline (Los Angeles, CA & Washington, DC) Editorial Producer
Joined ABC News as West Coast Producer for Nlghtline out of the bureau in Los Angeles.
Assigned as editorial producer for Ted Koppel in Washington, DC, creating
"geographlcs" to orient viewers regarding their relationship to the news.
Prior to the above, Ivan Ladizinsky held executive management positions with the CBS
Television Ne,.fwork Enfe. rtainm~.nt Grc~llp in I c~ Ang~.l~..% Operation Prime Time, KTVIJ-TV
for Cox Broadcasting in the San Francisco Bay Area, and KCBS NewsRadio in San
Francisco.
EDUCATION:
Graduate of Pennsylvania State University: BA In Liberal Arts & Theatre. Studied at the
Alliance Francatse and mime with Marcel Marceau in Paris before entering the US Air
Force.
HONORS:
Emmy Awards, American Advertising Federation, Clio, Ohio State, International Film
Festival, Writer's Guild, Son Francisco State, Pennsylvania Broadcasters Golden Keystone.
REFERENCES UPON REQUEST
]van Ladtzinsky
References:
MartJn & Judy Upofsky
Friends
1~814 Via Vlttor'la
Delray Beach, FL 33446
(561) 638-2757
Mark Farber
Business colleague
164 Chelsea Lane
Plantation, FL 33324
(954) 360-2988
Brian Blum
Television assocJate
4 Presidio Court
Corte Madera, CA 9925
(415) 924-9976
Professional friend 59 Walnut Court
Inglewood, N3 07631
CBS News (212) 975-2803
Ted Koppel
Professional & personal friend
ABC: News / Washington, DC
(202) 222-7728
CiTY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RECEIVED
FEB 1 5 2001
CITY CLERK
P~-~ P03
I IIII I~11 I I I I
RESUME
GEORG! lV~SO,
'1 III _ Il! ' ' t ......... "'--'
~DUCATION: ' *
pUhnder~aduate Desree in Law
University of Lrrusua~*
l,.~rtfverstt), of Uru~ua),
Post Doctoral Studies Irt ~e areas of Business Aclrnlni~tratton, International
Bard(in[:, foreIF.'n Relations, Communications, Mart~¢ttn8;, ~ectta, Publtdt¥,
and .~JeS Promotion, .. .,
PIOlrMSIONAL A~FILIATIONS:
Press Center o! New York, Mer~l:,er
~terrtsHonal Press Association, Ptes?dent. i973*75
Uotu Club Lnternational Associatlon,'Board of Directors
Charter President of Uni~d Na~o~ Lions Club-19~
~ Ame~ca~ ~e~eratlo~ of ~blic Re~a~ons, ~ember ~
U~fverslty.~ Ill~n~L ChiCa~o, ~Hnofs-Departme~t of Cd~f~a1 Justice
Gust
Ronda A~an~e University, B~a Raton, ~or~do-lnternat~onal Tra~e
Specialist Cou~elor
LANGUAGB FLUENCY:
I~OF~SIONAL I~XPERIENC~
At consultant, advisor, evaluator, ne$otIator, and lmpalernentor with
extensive and dfversl!fed experience in both public and private sector, in
Mleldle ~,t, Far ~ut, ~urope, North America, anc:t Latin A~erica w~th,
~d en bel~aI~ ~f clients involved in international business ventures.
International fina~, ~anklng, InterMtional'barterinA, internafiona~ trade,
and de,feat, IMu, . .
PItOFIt$SIONAL I~AT~ONAL I~¥OLyEMZNT:
/dsfsted f~ putting together '~~50L ~6up ~twfin Uru&uay, ?ara&uay
and ~livll. Colli~rited and ~.velopd ortgtna] scheme and imple~.e~ttd
same ~presentin~ the government of Urggua7.
PersoM! advisor to Bolivian 'President I&rrier~tos. Arranged trfna~¢lrt$ and
Supplied $000 trat~ors to g6vernment o! BoHvta by Titan Tractor,Corpora:Ion,
New York. .
and ~pIemented a proJqct o( he..usir~l and apartment co~?lexes
Mutlctpi~ty of ~o~tevid.o, Uru~'ay. Over a pe~[=d of five yearg,
Development Ba~ and t~ City of Montevideo."
4
· Ra. presentatfv! of Uruguay tO Lr~'~O :Paris, R'ance. Conducted M~Inars tn
]'eurnilfsm, mass communication k~d media strategies.
Ropre~entatlve of EXPO 70 Osaka, ~'apan.. Led private a~d official sector~.
Publisher of NeWIpaPer IXTRA for "~dicfottu Oriental, Cooperadva
Perladlst'~ea' Mantevlcleo, Uruguay. ·
Special ariel,or to l::)r. ;e4e Mora Otero, M~ntste~' of Foreign Affairs, Uruguay.
United Nations, NYC - Information and press advisor to government of
Ul,ugua¥. Special Advisor to Ambi. s~ador of Uruguay to the United N'at~or~s.
Special appointed r. egot[ator for barter of Uruguay s.hoep/mutton tot Kuwait
erode ell. Concluded and lrnp]emented two c~ntracts in 1~78 and 19;'9.
Jo{ne Venture for production o~'.e~i-pollution che,~icals between
Corporation, New Jersey, it, d Brazil (Petrobras).
Negotiated desalittt~ation plant contracts between ~razlltan Governmer~t &r~d
Royal Commllston ~uball) ~ingdom ~[ 5~udi Aribll. Plant co~pleted
Central ~gure in developin8 10,000 unit apartment house project for the
Munldpality of Guayaqui}, Ecuador [Banco de la Vivienda).'
Special assignment with ]TBL Corporation, San leran¢lsco, Cali~'ornia in
eenJuaeti~ with Mextcan'Governmint (CONASUPO) tO locate a~d retrieve
2~4 railroad ~x cir~ which had ~n mitring lot two ),ear~ in Mexico.
Special conaultant t~ President Rold~ of.Ecuador to erran$.e, barter between
Ecuador and india. . .
Xrtange for Haloed productl of Mit3ui Co~or. ation, Osaka, J'apan by Ttans-o-
lCilh Company, N'Y¢ for compreher~ive U.S. dt~tri1~ution
· Arranged financing for AM£$A, Uruguay, for its sugar refinery..(USD 27
tnUlion, completed in three phMes). A~so A~{~$A, Ufo{uny have arranged
~D 1~ sillier lear with OPIC, Washlnlion, DC ~uarantee: This transaction
Interte¢ B.A., ope. ceil conlultant to Brazil, Argentlr~a and Urufuay in'
InteYnational finance, .banklnJ, free trade zen,, for the new common market.
advisor to the Czech Paput)llc In the areas of International Banking,
lnter~afiot~al Trade. and In~er~atlonal Relations with Latin America.
i
2OO1
5~1 243 3774
CITY CLERK
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
×~,.; ~ o..< ~ iv' N,,,,e 7>h V. Z Z/.s -.T
R~$~dence / " C~ S~tc Z~p ~ode
P~c~p~ Business Ad.ess. O~ Sutc ~p C~
Phone Busm[s, PhOne E-M~ Ad&uss r C~ Phone. Fax' D~t /
all ~.zr,,' Hoard-,on u.'lud: you are cgrrenth
I
-- / , - / y · · / .
~ '1 '
] hc~cby cc[o~' d~nt ~ ~e above ;tntem~ta ~ ~c, end 1 a~ ~d ~dmtend ~et ~ny miast~tcmo~t of ~tc~al
S1 C,~ Tb ~- DATE
No:c ~ :~pbcaaun w~ ~tm~ OS ~e ~ ~C ~ ~'~ O~cc fo~ a pcno~ ofg y~a ~om thc dale
0CT 1 1 2001
CITY CLERK
Se
By: M.t,:h.~_~l '; _~enbaum; 561 495 5701; Nov-27-01
BOARD MEMBER APPLICATION
-a ~93
200~
4:18PM; Pacje 1/1
Please type c,r ?~, thc following reformation:
~.ast Nam~ Name '
4o~e Addres.~ ' ~
Lc~ R es~dence. ~. Smra ~ Code
~p~ ~usmess Address: Ci~ Store Zip Code
qomc Phone- B~me*, ~onc: E-M~ Ad&ess: C~ Phone: Fax
.~o.u a rcgas?ered voter= If so. where arc you registered~ at ~- ~
Wh, t l~oa.rd(s) ,zc you ha~re~tcd~n ~cn'm~:? Please hs£ ,r~ c~der of pr~&rence:
Lxst aZ' C.m 3c, tx, a,~ ~.'hKh you arc curtenth, se_tx, lng or have~te~ou,ls;s~e~
, ,) Edu=sut,na} qu~ficauonF
[ I '
7.,~, ~3;~ ¢h[ed p~f~ssio~ teen. dons ~ ~c~s~ ~ch you hold.
805
' ~ ~ ,'-;v.'c ) o,o.r pre. :cn,~ or mosttrecent employer, gad positioni
'__(~C~T~ ~%d~d/'.6 ~T /dfkl0'(J£/~d~ I/dST/T'C/F(_+
cont~a~d m th, is applicauon may ¢*usc forfeiture upon my parr of my appoinunent I n~y recmve.
¥.,-'6- ,-~, -_~, _ _ ~ ~ '~'0 I
TNs apphcauom ~ =urtmm on file m the City Clerk's Office fox a p~od of 2 y~. ~om t~e date it w:, =
subdued, It ~ be ~c app~c~nt's zcspon~ to cns~ ~az ~ ¢~nt apph~uon is on
RECEIVED
2001
CITY CLERK
Sent By: Michael Rosenbaum; 561 495 5701; Nov-28-01 7:07AM; Page 1/1
To: Karen Schell/Board Liaisons From: M~hael Rosenbaum
243-3774 Datm November 27, 2001
..Phew: 243-70513 P-se~: ~ f
Elder Ready Task Force
CC;
[] Urg~lt ~ For Review [] Plea~ Comment r'l Please Reply [] Plea~ R~ycle
· Commeats: [Click here and type any comments]
RECEIVED
N 0V 2 ~ Z001
CITY CLERK
1S 01 09: 15a
12 ol Jr~l 0i~ 30
D[ LB ~¥ ~'EACH
993
~00~
LAKE DELRR¥ RPARTMEMTS 561 2781035
S01 243 5?74 ¢IT~l' CLERE
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Pl~sc .rTpe or print d~¢ foll,~,mg mfnrmat~on'
2.
4 Prmclp~ l:~usme;-. Address:
Home Phone.
Zzp Code
7.sp Code
'Ob'h,- .: J~ad .,' ar,- ),on ~ere,,cd m ~c~'mg> Ple,a~e h~ m oxdc~ of prefere,'lce
)E L~qr any related pzofc.~:aona] ccru.fic:Ibonq -.,nd hccn,,¢~ ~h~¢h you hold.
and I a~e~ ~ undcr~d ~at a~y m,~ca~nT ofm~cc~,l f,c/~ '
T.S'o~ ag,pbcaaoa x~dl rcmaxn on file m thc City Cler. k's Office foz a period ,d2 ycazs from zhe date
~.Jl-.n-arred. It will bc the ':pphcanr'.~ eespon~ibllst5' to ensun, d~r = cuzrcn~ apphcauon ~s on f_de.
RECEIVED
OCT 1 6 2001
CiTY CLERK
AlI-A.,'rmrto,'~ C:lh,
,,, BOARD MEMBER APPLICATION
199.?.
200~
~/,~.,~ ~¢~ cZ;
C~tv /
i '1 Pns~c~pal Bu~utes~ ,'\dthess: GiB,
16. .~r~ x c,u a rcg~.~e~ed v,:,t~r> If ~o, where are you registczed?
L~.-t a~J C~,' !3,,ar,:k on '.vh .ch yoo are euacndy s,rving or havc previously served ~lea~e iud.de datcs)
_.
duc.~..,n d ,]uahl'i,:au,>n- 'o
%~a~c Z~p
State , Zil, Code
State Zq, Cod~
1
Fax'
lt', List am' :clatc,t pl,-,fessJ.~na] cct~,fications ~md ho'nses which you hold:
most recent employer, and position,
don w~ remam;~~Ciq' clerk's Office f'>r a pcfi°d °f 2 ye~r~
CITY CLERK
11
FAS $61 243 ,1774 CITY CLERK
P.02
BOARD MEMBER APPLICATION
993
c c,ij:~ u] r d~¢ l',~lk,wmR reformation.
t) H,>m,: Ad&ess:
........ . $4. 6
..... ~~ ...
Gilt
State Zff,
I -Z'il: cc,ak
l
City
~tat¢
\Vl,.,r l~, ,az,t:.,} ~'~ you re,cst: tc~m setx ing> Please Ii.,,, ,n ords. r' ofprefmenc¢
Ll:t aU Cnv B,',ards on which you art c~':'cndy seo.'ing or havc pr~,oosl)' sera, cd. ~lea~e tach, de datcs)
't Fax t
1"'~/ LL~t any xel,,t,_d pxc, fessl,>r~.'d c~.rtification,~ und licenses wl:Lich you hold.
11
G~vc ~, ,,,' p:c-em, or Ino=t .recent employex, apd posJdon
__ ~-~',_( ~ ~ I
N~te T~s ~pphc.au,>~(will remah~ on ~e hi ~e Csq' Clerk's Office for a period of 2 years from d~e date i~ was
_CITY CLERK
llll
BOARD MEMBER APPLICATION
1993
2001
Please tTpe or pnnt the followm§ reformation:
1. Las; ~ame': - Name M I
2. Home Ad.ess: C~ Z~p Code
B. ~gal Residence: Ci~ State Z~p Code
4. P~cipal Business Ad.ess: Ci~ S~te Zip Code
6. Are you a registered voter? If so, where are you re~stered?
7. XX~at.~oard(s) are you interested m se~ng~ Please hst In order of Dreference.
8. L~s~ a~ Cra' Boards on which you ~re curry, fly se~'m~, or have ~rev~ouslv se~-ed' ~lease include dates~
9. Educauonal quahficauons'
10. ~st am' ~elated professional ceruficauons an~ hcenses w~ch 5;6u hold
1. G~ve your present, or most recent employer, and posiuon- ~
2. D~cnbe ex~nences, s~s or ~owled~e which quah6' y?u, to sense, on ~s board' ~le~se attach a brief resume)
hereby ceru~, that ~ ~e above statements a~e ~e, and I a~ee and understand ~at ~y ~sstatement oI'matenal fads
contained m th~s apphcauon may cause forfe~e upon my part of any appom~ent I may receive.
O'.l= IVI:: D
/~'ar¥~r0m the date
Note: Tbas apphcauon will remain on file m the City Clerk's Office for a period o ars from the it was
subrmtted It will be the apphcant's responslbrht)' to ensure that a current a~3~at~o§
S\CITYCLERK BOARD APPLIC ATIO\
CLERK
DELRAY BEACH
BOARD MEMBER APPLICATION
993
200~
)le~se type ox p~t be ioI~o~ L~iomdon:
J. L~st Namc: Smith
Cit3 l)elray Beach State FL 33483
City State
Home Address:
1225 S. Ocean Blvd., #202
3. Legal Residence:
same as above
4. Pz~pa] Business Address:
5. Home Phone: I Business Phone:
(56 l) 330-6798
6. Are you a xegistexed voter? YeS
City
E-Mail Add,ess:
Code
State
ICell Phone:
(561) 573-6632
Zip Code
IF~x:
(S61 ) 330-6798
JamesF_JimChar
If sv, wh=e axe you ~egistered? Delray Beach
7. What Boaxd(s) axe you interested in serving?. Plem~e list m order of px~fexence:
Parking Management Advisory Board (Member at Large)~-~/_j?~ ~'//
~. List all Cin' Boards on which you axe cm-renfly sen'ing ct have previously served: (Please include dates)
9. Educational qu,4ifications:
BS - Florida State University
MBA - University of Miami
10. List any related ~rc~fe.~sional cerdfic.~tions and Uc~nses which you hold:
~1L Gi~,e youx present, ox most recent employ=, und position:
Retired - Formerly VP of Finance~CFP/Controller of
Linen Supermarket, L. Luria & Son, Miami Herald
Describe experiences, skills ox knowledge g']xich qualify you to ser~e on this bo=& ~lease attach a brief rc~. ume)
Active member of PROD and BPOA
Attending Delray Beach Resident's Academy
Attendee of City Commission & Parking Mgt Advisory Board meetings!-
I hereby ceftin' that all the above smtemenm axe true. ~.nd ] %,xee md und=stand that any misstatement of material facts
conmined i~~.x-cause forfeiture ~on my pan of:my appointment I m~,v :cc~v:e.
. ,
a ECEIVED
I
CITY CLERK
DELRAY BEACH
JUl-Amed~ C~
BOARD MEMBER APPLICATION
1993
2001
Please tTpe or print the following reformation:
1. Last Name: -
..Tl>0iq~igs0t0 Name ~i0 1'~
2. Home Address: / City S~,~e Zi Code
3. Legal Residence: City S~te Z~p Code
4. Principal Business Address: C~ty State Z~p Code
5. Home Phone: Business Phone: E-Marl Address: Cell Phone: Fax:
6. Are you a regastered voter?, ,,<, If so, where are you remstered?
7. *'hat Board(s) are you lntereJted m serving> Please hst in order of preference.
8. List all Cra' Boards on which v,o,u are currently serving or have previously sen'ed. (Please include dates)
9. Educauonal quahficau6ns
10. List any related professional certfficauons and hcenses which you hold'
t l 1. Gwe your r~resent, or most recent emplo,'er, and posmon:
12. Describe experiences, skills or knowledge which quahfT,l'ou to serve on fins board: (please attach a brief resume)
~--
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contJined in this applicauon may cause forfeiture upon my part of any appointment I ma}' receive.
SIGN.qTURE
Note: Ti'us apphcataon will remain on aem the Clt3,, Clerk's Office for a per, od of 2 years
subrmtted. It will be the apphcant's respons,bzhty to ensure that a current apphcauon ,s on file.
0 eT'C?RI~CII~J~ PL ,(
CITY CLERK
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
?]ease rFp¢_o~ p~! the i'ollow~ J.nfo.wr~tion:
Weldon
Home Addaess:
1050 N.W. 4th Avenue
243-7251
~. Levi Residence: as above
4. P~p~I Bus'ess ~ddrc~.
50 N.W. 1st Avenue
5 Home Phone [ Business Phone.
(561) 278-6436[ (561)
6..Ate )ou ~. re,stored voter?
'Yes
N;I.nle
Joe
City.
City
Delra~
Delray
I E-MmlAd~kess:
weldon@ci.delray-
beach.fi.us
State
Beach FL
State
State
Beach FL
~elJ Phone: I Fax:
(561) 279-5003
If so. where irc you registered?
Palm Beach Count~
M. I.
H.
Zip Code
33444
Z¥ Code
ZIp Code
33444
What Bowd,'s) r, zc you L"~cerestcd m servh~g? Please List m order of p.'efcrcnce'
Elder Ready Task Force
8. l.:st al. Cis' Boar&, on ,a..hich you art currently scl'ring or has. e previously sec'ed: ~l~se include dates)
' 9 Ed:.cauonal clu~lificauon.~:
Bachelor of Science degree in Natural Resources - Ohio State University
Master of Science de~ree in Public Administration - Xavier University
List an:,' relate,al profcss]on:d ceruficat2ons and licenses which you hold:
11. Give your pr~ent, or most recent empleyea, gad posit~on.
~Cit.)r of Delra~r Beach - Director of Parks and Recreation
~2. Descnbcexpenenee~,sMllsor'knowleflgewbach qu~ youto~c,conthisboard:O~¢a~cattachab~efem'am~
I have been a Director of Parks and Recreation for 27 years. In this capacity,
I have had extensive dealings with senior citizens, a significant segment of
the population.
I hereby ceruf) that all thc above ~tatemcnt$ a~e true, and I agree and understand that any rm$.,ta:ement of .~. ~.te::al fact.,
coot~ned :n th:s-a~ca~o~¢ forfel.'~rc upon m)' part of ar.,~ app ,c~na'nen, I may :cceive
, , / ?/
S I O.";(~"~t: .R.E. DATE
- Note: '"l~'~.~ appacation' will relnaha on file ~ the City Clerk'.~ Of£ce for a p¢:oa of 2 years f:tom the date it
subrn~ccd. I: wg2 bc d~e apphcar:t's respor, sib;ht)- to cusu;c that a cunent applicar-on is on ~e.
RECEIVED
0 Cl 2 Z 20111
CiTY CLERK
200'1
PL-*se typ~ ox print the £ollow~n8 info:marion:
I Last Name
CITY OF DELRAY BEACH
M.I.
Legal Residence
Principal Busmesu Address:
Home Plione Business Pi~one'
City
C~ty
E-Mad ^ddtess:
State
Z~p q.ode
Z~p Code
Z~.~ Code
Phone:
Are you a ~eg)ste~td voter? If so, where ate you ~egistere..d? ...
V e.v
~X hat Br,ard~ s~ are you interested m s~-mg> Flease ~st m o~del ofprefer~xce' t
FaX'
L~,t .d.1 C,rx Board .... n winch you are currently se~,ing or have previously ,,em'ed: {'Please include datcs~
I
;
Ir, D.~r .mx t,l,~tcd ptofessxc, nal cerdficata¢,ns and hcenscs which you hold:
G~'e v, ~ut present,-~-~ m3.-t recent ~anploye:, and
/
1: De.-c~b~ expeuence.,, .,kall. ¢,r ka~,-,xx,ledge which qualify you to serve on thi~ board: (Please attach a brief
1 hereh2, eemf~ that all d~e ab.,>
c,:ntamed Ill rhl3 ~pphcauon m
N~,te TIu: apphcauon will.
sul,natted It will be
a5 call~e fnrftitu~e upon my patx of any app. ointment I ma), recove.
:emam on fie m d~e Cie3' Clerk's Office fi,r a period of 2 yeats fi'om the dare ,r
the. apphcant's ~esponsabflity to ensure that a current apphcauon is r,n fat
Se-',s L,'.~:PCJ6EP FI~]PBOI.IRH 0¢t-_~-~1 3111el. fro~ 3~17667494~61 -~4~; .~774 ~lge .~ -~
Ci.ty of Delray Beach City Clerk's Office
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Mayor and Commissioners
'A~t/B
Karen Schell, Executive oard Liaison
Elder Ready Task Force
December 11, 2001
Attached please find an additional application from William Beverage for the Elder
Ready Task Force appointments which are scheduled for City Commission meeting
tonight.
A check to confirm that Mr. Beveridge is a registered voter was completed.
AII41medcaCity
llJl®
BOARD MEMBER APPLICATION
1993
2001
Please type or print the following information:
2. Home Address: ~ State Z~p Code
3. ~gal Residence: Ci~ S~te Zip Code
4. Pmcipal Business Ad&ess: Ci~ State Z~p Code
5. Home Phone: Business phone: E-M~ Ad&ess: Ce~ Phone: Fax:
6. Are y~u r~stered voter? If so, where are you re~stered?
7. ~t ~ard(s) are v~u interested ~ semen,? Please hst m order of preference:
8. ~st ~ll C~' ~o~rds on ~h~ch you ~re c~endy sen-mB o~ h~ve p~eviously se~ed' ~le~se mclu& d~e0
9. ~duc~oml ~u~c~ons:
l 0. ~st ~ny ~el~ted p~ofession~l cem~c~ons ~nd ~censes ~ch you Bold'
11. Gi~e you~ p~esent~o~ mos~ ~ecent employer, ~nd posi~on:
12..Describe experiences, s~s or ~owledge w~ch qua~ you to severn ~is board: ~lease a~ach a bnef resume~
I hereby ceru~' ~at a~ ~e above statements ~e ~e, and I a~ee and understand ~at any ~sstatement of material facts
contmned m this apphcafi~ may cause forfeiture upon my p~t of any appo~n~ent I may receive.
Note:
Thas application will remain on file m the City Clerk's Office for a period o:~~]t~ll~te ,t was
submitted. It will be the applicant's responsibility to ensure that a current a~blS~'~a~'on ~s on file.
CITY CLERK
Memo
To:
cc:
Date:
R~,
City Commission
David T. Harden, City Manager~'~
12/07/01
Tribute to C. Spencer Pompey
Mrs. Jane Tolliver with Perfect Results, Inc. has contacted the City for support in producing a Black
History video tdbute to C. Spencer Pompey. She has obtained a commitment from Commissioner
Addie Greene for $15,000 to underwrite the cost of producing the video, however, the money from
Commissioner Greene will not be available in time to meet their production schedule. A copy of the
commitment letter is attached. Mrs. Tolliver is asking that the City assist by advancing the $15,000, to
be repaid when the funds are received through Commissioner Greene.
Perfect Results is a local company, which has demonstrated its ability to produce a quality product.
The major role played by C. Spencer Pompey in the history of Palm Beach County and Delray Beach is
well known.
Recommendation:
I recommend that the Commission approve advancing the $15,000 for production of a Black History
video tdbute to C. Spencer Pompey, subject to appropriate agreements being drafted by the City
Attomey and executed by the responsible parties.
· Page 1
C
!
I
I
I
I
I
i
RECEIVED
~V 3 0 ~001
CiTY MANAGER
PERFECT RESULTS, INC.
November 29~, 2001
David T. Harden
City of Delray Beach
100 NW l~t Avenue
Delray Beach, Fl 33444
Dear Mr. Harden,
Thank you for meeting with me on November 14th, 2001 to discuss our tribute to
C. Spencer Pompey and the All-America City Promotional Event. I have spoken with
Mrs. Pompey and she is very pleased that you have agreed to present our C. Spencer
Pompey Project before the City Commissioners on December 4th, 2001
Perfect Results, Inc. is requesting to receive an advancement of $15, 000 dollars
from the City of Delray Beach that will be reimbursed to the City by Commissioner
Addie L. Greene of Palm Beach County.
I have enclosed as a copy of the letter that was forwarded to her from Perfect
Results, Inc. Commissioner Greene will provide a letter of agreement to the City of
Delray Beach on or before December 4th, 2001.
The tentative date for the event is February 23rd, 2002 Please save the date. We
will provide a sponsorship listing with a logo to be included in the video presentation and
the event's program booklet.
Thank you again for your generous offer to present our request for funding. Please
contact me at (561) 278-3577 if there are any questions.
(~reC~BLh,,Sincerely'
assa Tolliver
esident / C.E O.
L
cc:
Comm. Addie L. Greene
P.O. BOX 6335 Delray Beach, Florida 33482 Phone: (561) 278-3577
Fax: (561)-266-9866
I I I I I I I
..J
' 12/82/2881 11:44
8451675
RECEIVED
CITY MANAGER
ADDLE L. GREENE
Commi**ioner, ~srrwt VII
M~chelle Andrewin, ~'~ Adm Assistant
GladT~ Whigham, ~ldm Assistant
palm Beach County
Board of County Comm~ssioners
Governmental Center, 12~ Floor
JOl North Ohve Avenue
West Palm t~each, Florida 35401
(56I) 355.2207
Fax (56I) ~55-6332
South office'
Southeast Count? Complex
345 Con,qress Avenue
Delray ~each, ~omda JJ~5
(5ol) 276-1350
Fax (56I) 276-1580
a,ctreene@¢o palm.beach fl us
"An ~quat Oppormmty
December 3,2001
To Mr Davtd T. 14arden
.VIA F/L¥: [$61) 2,t3. 7!66
From' Commissioner Addle L. Greene
Re: Perfect Results, Inc., C/O Mrs. Jane Tolliver: Tribute to Mr.
C. Spencer Pomps,
Dear Mr Harden
The purpose of this }ener ,s to acknowledge my support of 815,000
toward the Black H~story Tr/bute In Honor of Mr C Spencer
Pompey. This event will occur on February 23. 2002~ at 5'00 P.M.
at Pompey Park in Delray Beach. produced by ~
Inc..
If you desire further inlbrmat,on, please do not hesitate to
telephone Michelle Andrewm at (561) 35%6147. or me at (56t)
355-2207
SLilgerelv, . / / ./
Comm~ssmner Addie L Greene
D~strict VI1
cc: Mrs Jane Tolhver
Perfect Results, Inc.
SAV DATE l I l
February 23rd, 2002
Time: 5 PM
At Pompey Park
A BLACK HISTORY TRIBUTE
IN HONOR OF
C. Spencer Pompey
For more information contact:
PERFECT RESULTS, INC.
PHONE: (56t) 278-3577
£11'¥ DF
CITY ATTORNEY'S
OEC ~ ~'1001'
200 N~,~, IstAVENUE · DELRAY BEACtt. FLORIDA 3~..t44
TELEPIIONE §61 243-7090, FACSIMILE .~hl
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
December 4, 2001
City Commission
'David T. Harden, City Manager
Susan A. Ruby, City Attorney
Ballot Questions
Writer's Dmrect Line: 561/243-7091
I have prepared three ordinances with corresponding resolutions and notices
containing the three Charter amendments to be placed on the March ballot. In
addition, I have prepared another ordinance which amends Chapter 34 of the code
of Ordinances dealing with election procedures. This ordinance is to be effective
only if the change, which requires a special election to fill a vacancy in the office of
Mayor, passes.
The Charter amendment ordinances are drafted to amend the current Charter and
to amend the ordinance, if adopted at the referendum, which reorganizes the
Charter. This is done because until the referendum, we do not know if the
ordinance which reorganizes the Charter, will pass. Please review the documents
and provide me with all your comments. I would like to put the ordinances on the
December 11, 2001 Commission meeting for first reading and January 8, 2002 for
the second reading. This schedule will allow us to meet scheduling necessities
and to advertise for thirty days as required by statute.
cc: Members, Charter Review Committee
/,1.
Question 1
Rev. 11/30/01
ORDINANCE NO. 62-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS
BY REPEALING ARTICLE III, "LEGISLATIVE", AND ENACTING A
NEW ARTICLE III, "LEGISLATIVE", TO THE CITY CHARTER OF THE
CITY OF DELRAY BEACH BY REPEALING ARTICLE VIII,
"MUNICIPAL COURTS", AND AMENDING REMAINING ARTICLES I,
II, IV, V, VI, AND VII TO CLARIFY, DELETE OBSOLETE
REFERENCES, CORRECT GRAMMATIC~ ERRORS, REORGANIZE
AND TO ENHANCE THE CHARTER'S "READABILITY"; PROVIDING
FOR A REFERENDUM; PROVIDING FOR A REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee to review the
City's Charter; and
WHEREAS, the City Commission sought input from the Community as to potential Charter
revisions; and
WHEREAS, the City Commission, after a review of many proposals, has decided to put the
Charter amendments set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. That the Revised Charter of the City of Delray Beach, which consists of a
Table of Contents, Articles 1 through VII inclusive, Pages 1 through 28, inclusive, which is attached hereto
and is hereby incorporated as if fully set forth herein, Chapter 25786, Laws of Florida, Special Acts of 1949
and amendments thereto is further amended by adopting the Revised Charter. The Revised Charter repeals
Article 121I, "Legislative", and enacts a new Article III, "Legislative", and repeals Article VIII, "Municipal
Courts", and amends remaining Articles I, II, IV, V, VI, VII which shall read as set forth in Attachment "A'
hereto. The Revised Charter shall be submitted to a referendum of the electors of the City of Delray Beach,
Florida, March 12, 2002.
Attachment "A"
Section 2. That this ordinance shall not be effective unless and until the same is
approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election for the
purpose of approving or disapproving this ordinance. If a majority of the electors voting upon such
question approve the amendment, then the amendment shall be in full force and effect. If a majority of th~'
Charter Ord. Question #1
11/13/01
electors voting on the question disapprove, then the amendment shall be null and void. The question to be
submitted to the electors at such election shall be substantially as follows:
Question One
CHARTER REVISION CLARIFYING, REORGANIZING, AND ENHANCING THE
"READABILITY" OF THE CHARTER.
AN AMENDMENT REVISING THE CITY OF DELRAY BEACH CHARTER BY
REORGANIZING, CORRECTING GRAMMATICAL ERRORS, CLARIFYING
CERTAIN PROVISIONS, DELETING OBSOLETE TERMS, AND MAKING THE
CHARTER EASIER TO READ, AS PROVIDED IN ORDINANCE NO. 62-01.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED?
YES (for approval)
NO (against approval)
Section 3. That upon approval of this ordinance by the majority of electors voting at the
election, all ordin~ces or pans of ordinances or Charter provisions or parts of Chaner provisions in
conflict herewith shall be and the same are hereby repealed as of the effective date of this ordinance.
Section 4. That if any clause, section or other pan of this ordinance shall 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.
day of
PASSED AND ADOPTED in regular session on second and final reading on this the~
,2001.
ATTEST:
City Clerk
First Reading.
Second Reading
MAYOR
2 ORD NO. 62-01
' ' ATTACHHENT "A" *
Section
1.01
1.02
1.03
CHARTER TABLE OF CONTENTS
DELRAY BEACH, FLORIDA
ARTICLE I - CREATION AND POWERS
Establishment and Continuation of the City of Delray Beach
Powers
Construction
Charter Revision
11/30/01
2.01
2.02
2.03
ARTICLE II - CORPORATE LIMITS
Corporate Limits
Boundaries and Territory of Greater Delray Beach Area
Voluntary Annexation of Territory by Ordinance
ARTICLE III - LEGISLATIVE
'2.
3.10
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09
3.10
3.11
3.12
3.13
3.14
3.15
Fo~ of Gove~ent
Ciw Comission: Composition, Eli~biliW, Election, and Te~s
Qualifications of C~didates; Election
Assumption of Office; Org~izational Meeting
Oath of Office
Mayor, Vice-Ma~or, ~d Deputy Vice-Ma~or
Forfeiture of Office
Vacancies; Filling of Vacancies
Tern Limits
Compensation ~d Expenses
Prohibitions
Procedure
Commission ~vesti~ations
Plying and Zoning Bo~d ~d Board of Adiustmem
Alienation of Public Beaches
Charter Revision
11/30/01
4.01
4.02
4.03
4.04
4.05
4.06
4.07
4.08
4.09
ARTICLE IV-- ADMINISTRATIVE-EXECUTIVE
City Manager
Appointment; Removal; Compensation
Acting City Manager
Powers and Duties of the City Manager
Budget Procedure
Supervision of Departments
Legal Counsel
Legal Counsel Appointment, Removal and Compensation
Duties of Legal Counsel
DELRAY BEACH - CHARTER TABLE OF CONTENTS
5.01
5.02
5.03
5.04
5.05
5.06
5.07
5.08
5.09
ARTICLE V - ELECTIONS
Electors
Types of Elections
Form of Ballots
Elections Generally
Returns of Elections
Judge of Election and Qualification
Special Elections
Straw Vote Elections
Recall
6.01
6.02
6.03
6.04
6.05
6.06
6.07
6.08
ARTICLE VI - INITIATIVE, REFERENDUM
Initiative
Referendum
Commencement of Proceedings
Form of Petitions
Procedure for Filing
Referendum Petitions; Suspension of Effect of Ordinance
Action on Petitions
Result of Election
7.01
7.02
7.03
7.04
ARTICLE VII - TRANSITION SCHEDULE
Continuation of Former Charter Provisions
Ordinances Preserved
Rights of Officers and Employees
Pending Matters
7.05
7.05
7.0:~6
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'Obligation of Contracts Preserved
Deletion of Obsolete Schedule Items
A D"l"Tf'! g' II'Il· h/l'TIh, lTt"TD A · t"~t'~TTl~'l''
DELRAY BEACH CHARTER
Editor's Note: This Charter has been amended to reflect and change the name designation of the
legislative body from City Council to City Commission and of City Council Members to City
Commissioners, pursuant to Ordinance No. 56-88, passed 6/28/88.
ARTICLE I. CREATION AND POWERS
Section 1.01. ESTABLISHMENT AND CONTINUTATION OF THE CITY OF DELRAY
BEACH.
The City of Delray Beach, established and organized by Chapter 25786, Laws of Florida,
Special Acts of 1949, as amended, shall continue as a Florida municipal corporation.
(Ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76)
Section 1.02. POWERS
The City of Delray Beach shall have all governmental, corporate and proprietary powers
to enable it to conduct municipal government, perform municipal functions and render municipal
services, and may exercise any power for municipal purposes except as otherwise provided by
law.
(Ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76)
Section 1.03. CONSTRUCTION.
The powers of the City shall be construed liberally in favor of the City., limited cn!y by
.............................................................. , general I
limka:ic~: :c~ai~cd he;tim Special Acts of the Florida Legislature peaaining to the j~sdiction
and exercise of powers by ~ City shall be considered ~endments to this C~haner
...... S a e
inco~orated as official mendments to the cheer.
(Ord. No. 4-76, p~sed 2/23/76; Approved at Referendm 2/2/76)
ARTICLE H. CORPORATE LIMITS
Section 2.01. CORPORATE LIMITS.
The boundaries and corporate limits of the City of Delray Beach now existing are
continued and may be amended from time to time as provided by law. The boundaries and
corporate limits shall be shown on a map maintained in the Planning and Zoning Department.
(Ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76)
Charter Revision
11/30/01
Section 2.02. ffOvJNDAPJES AND TEP. P.!T@RY OF CREATER DELRAY BEACH PLANNING
AREA.
Dclray ~h ~ ....... t +~ methods of ...... *; ....... ;~ ~y law. The pla~ing area, as
shown in the Comprehensive PI~, shall be shown on a map maintained in the Planning and
Zoning Dep~m~t. Those p0Rions of the pla~ing area not now a pea of the co¢orate
boundaries may be included by ~exation as provided by law.
(Ord. No. 4-76, p~sed 2/23/76; Approved at Referendum 2/2/76)
*Editor's Note:
Ordinance No. 54-86, passed on 9/9/86 and approved by the voters at a referendum
election held 11/4/86, provides for the passage of the "Delray Beach Enclave Act (Chapter 86-
427, Laws of Florida), "definitions of enclave and of the general boundaries of the city, and
annexation of said enclaves within the boundaries of the City as same existed on February 28,
1986.
Section 2.03. VOLUNTARY ANNEXATION OF TERRITORY BY ORDINANCE
' or
+ ~11 ............... 1;~A +~
r ......... ~ ...................... of Delta) Beach.
t~,x ~-": .... + .... ;"~' .... "~-' ' + + Voluntary tio sh I1 i
...... annexa n a occur n
accordance with state law. ~y :uc~ ~exing ordin~ce shall state that the boundaries of the
City of Dekay Beach ~e redefined so ~ to include the gact or ~acts of land so being ~exed.
*Editor's Note: See F.S. Section 171.044
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ARTICLE III. LEGISLATIVE
,, ,...~"~"1 .."+ .,-...."'""h +;~....... .'I. .1 .'2~ CCI
~.~ -.7' ,~r:~ ~,r ..... k,-,,~, of
M-"-yar .... a D:pu ........ ;..., .........
Charter Revision
1 !/30/01
¥ ................................ nOC~,
L:~e:",' ....................... j ........
~ ..... .,,,,,~, v ........ however, no candidate ma:,'
--.7~,~" F'...~.-.;~o; .... ;....~...~:-~. ,~.~
duty of the remaining members ~?.u~
.-;.~ r,;, .... ..a before en*e";n-,-~ upon
T
ca~y
prerogatives cf thc xr;~. xx .....
Charter Revision
11/30/0 !
· Charter Rev]mon
11/30/01
March
~v .... ............. :~' ~'~*; .... v.~-ided under thi: ........ ~'~ , .....fc~> fi e ~//ac~
appointment.
~.~ xr~ ~ 7~, - .... ~ ~/~/~ ~ ....... ~ .+ o~r ....~"-- 2/2/75; P~m. ~-~ XTc ,n g3 passed
11..%
%71
Charter Revision
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ARTICLE HI. LEGISLATIVE
Section 3.01. FOi~M OF GOVEI~NMENT
The City of Delray Beach shall operate under the City Commission-City Manager form
of government. All legislative powers of the City shall be vested in the City Commission.
Section 3.02.
TERMS
CITY COMMISSION: COMPOSITION, ELIGIBILITY~ ELECTION, AND
(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) years in the manner provided in this Charter.
(b) Stalillered 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.
(c) Length of Mayor's Term. The Mayor shall be elected for a two-year term,
whether by regular election or election to fill a vacancy in the office of Mayor.
(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.
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Section 3.03. QUALIFICATIONS OF CANDIDATES; ELECTION
(a) Regulation of Qualifications. The qualifications, time, manner, and costs of
qualifying as a candid~tte for Mayor or Commissioner shall be regulated by Chapter 34 of the
Code of Ordinances of the City.
(b} Filing of Candidate Petitions. All candidate petitions shall be filed with the City
Clerk no earlier than noon on the last Tuesday in January and no later than noon on the second
Tuesday in February of the calendar year in which the election will be held.
(c) Names of Candidates. The City Clerk shall deliver the names of all candidates
and the offices for which they have filed, to the Supervisor of Elections no later than 5:00 p.m.
on the first Friday after the close of qualifying.
Section 3.04. ASSUMPTION OF OFFICE; ORGANIZATIONAL MEETING
(a) Assumption of Office. The successful candidates for Mayor and Commissioners
shall assume office on the last Thursday in March following their election. The Commission
shall hold an organizational meeting immediately thereafter, and shall select from the
Commissioners other than the Mayor, a Vice-Mayor and a Deputy Vice-Mayor. These two
officials shall serve in their respective capacities at the pleasure of the Commission until the
organizational meeting of the following year.
(b) Assumption of Office for Appointees. A person appointed to fill a vacancy shall
assume office at the first regular meeting of the Commission after being so appointed.
Section 3.05. OATH OF OFFICE
Before, assuming their respective offices, the Mayor and Commissioners shall each take
and subscribe 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 Delray 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 and faithfully perform the duties of {Mayor}
{Commissioner} of the City, upon which I am about to enter. (So
help me God.)"
Section 3.06. MAYOR. VICE-MAYOR" AND DEPUTY VICE-MAYOR
(a) Duties of the Mayor. The Mayor shall preside at meetings of the Commission
and represent the City in intergovernmental relationships. The Mayor shall be recognized as the
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head of the Cify .'govemment for all ceremonial purposes, service of process and by the Governor
for purposes of military law. The Mayor sha!I execute contracts, deeds, intergovernmental
agreements and certifications, and other
administrative duties except as required to
(b) Duties of the Vice-Mayor
Mayor shall serve as Mayor, possessing al
(c) Duties of the Deputy Vici
or in the absence or disability of the Vic~
the duties imposed by law, the Deputy
prerogatives of the Vice-Mayor.
(d) No Veto Power. The M'a
documents on behalf of the City, but shall have no
carry out the foregoing responsibilities.
. In the absence or disability of the Mayor, the Vice-
i the powers, duties, and prerogatives of the Mayor.
-Mayor. While the Vice-Mayor is serving as Mayor,
:-Mayor, or should the Vice-Mayor refuse to perform
Vice-Mayor shall have all the powers, duties, and
yor, Vice-Mayor, and Deputy Vice-Mayor shall each
have a voice and a vote in the proceeding
Section 3.07. FORFEITURE OF OFFICE
(a) Forfeiture of Office. Am
office if that Commissioner or Mayor:
{1)
(2)
Ceases to possess ti
Shall b,e conyicted c
Violates any standa:
{~fthe Commission, but no veto power.
Commissioner, including the Mayor, shall forfeit the
e required qualifications; or
f a felony; or
· d of conduct or code of ethics established by law for
public officials, as determined by
Mayor; or
(4) Fails to attend four
excused for good cause by a m~
Mayor.
(b) Declaration of Vacancies.
to declare the office vacant as a result of
Charter.
Section 3.08. VACANCIES: FILLING OF
The office of a Commissioner,
incumbent's death, resignation, forfeiture,
law. Any yacancy in the membership of
term, shall be filled according to the follo'a
(a) Vacancv in Office of Com
office of the Mayor, the remaining Com]
maiority vote, a qualified person to fill the
a maiority vote of the remaining Commissioners and/or
4) consecutive regular Commission meetings, unless
oritv vote of the remaining Commissioners and/or
It shall be the duty of the remaining Commissioners
forfeiture and to fill the vacancy as provided in this
CACANCIES
acluding the Mayor, shall become vacant upon the
or removal from office in any manner authorized by
the Commission, other than at the close of a regular
ing procedure.
rnissioner. In the event of a vacancy other than in the
nissioners, including the Mayor, shall appoint, by a
vacancy.
11
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'(t) If the term of office in which the vacancy occurs expires on the last
Thursday in March following the next regular City election, the person so appointed shall
serve until that time.
'(2) If the vacancy occurs sixty (60) or more days preceding the date of the
next regular City election, and if the term of office in which the vacancy occurs does not
expire on the last Thursday in March following that. election, the person so appointed
shall serve until that time and the remainder of the unexpired term shall be filled by
election at the next regular City election.
(3) If the vacancy occurs less than sixty (60) days preceding the date of the
next regular City election, and if the term of office in which the vacancy occurs does not
expire on the last Thursday in March following that election, the person so appointed
shall serve for the entire remainder of the unexpired term.
(4) If a majority of the remaining Commissioners, including the Mayor, are
unable to agree, .after two (2) regular meetings, upon the appointment of an individual to fill a
vacancy. The Commission shall call a special election to fill the vacancy. The special election
shall be held within sixty (60) calendar days of the second regular meeting.
(b) Vacancy in the Office of Mayor.
(1) If a vacancy occurs in the office of Mayor, an election shall be held as
provided in this Charter.
(2) If there is a vacancy in the office of Mayor, the Vice-Mayor shall
automatically succeed to the office of Mayor and shall ,serve as Mayor until the last Thursday in
March following the next reqular City election. Thereafter, the Commissioner so serving as
Mayor by succession shall return to his or her former seat and complete the remainder of his or
her Commission term if any part of such term remains unexpired.
(3) The succession tO the office of Mayor by the Vice-Mayor shall create a
vacancy in the Commission which .shall be filled in the manner set forth in this Charter, and shall
be for the entire unexpired portion of the Mayor's term of office.
(4) If the Vice-Mayor is unable or unwilling to succeed to the office 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 Commission shall then select
a Mayor from the remaining Commissioners. If the Commission is unable to select a Mayor by
the end of the second regular meeting after 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 Deputy Vice-Mayor
shall automatically become Vice-Mayor and a .new Deputy Vice-Mayor 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.
12
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Extraordinary Vacancies. In the event that all members of the Commission are
removed by death, disability, resignation or forfeiture of office, the Governor shall appoint a
Commission, including a Mayor with full Commission powers. The interim Commission shall
then call a special election, as provided under this Charter, to fill the appointed offices. The
special election shall be held not more than ninety (90) days after appointment of the interim
Commissioners and/or Mayor.
Section 3.09. TERM LIMITS
(a) Term Limits. Individual Commissioners, including the Mayor, shall be
prohibited from holding office for more than six (6) consecutive years. The term "holding
office" shall be defined as serving as Commissioner or Mayor. The term "consecutive years"
shall not include any time served as a rcqult of an appointment.
(b) One Year Hiatus. A person who has served the maximum amount of
consecutive time allowed by this Charter as a Commissioner or Mayor shall remain out of office
until the last Thursday of the year following the expiration of his or her term of office.
Section 3.10 COMPENSATION AND EXPENSES
(a) Salaries. The Commission may determine the annual salaries of the Mayor and
individual Commissioners by ordinance. No ordinance increasing the Mayor or Commissioner
salaries shall become effective until the assumption of office of the Commissioners or Mayor
elected at the next regular City election, provided that election follows adoption of the ordinance
by at least six (6) months.
(b) Ai~tual Expenses. Commissioners, including the Mayor, shall receive their actual
and necessary expenses incurred in the performance &their duties, as provided by law.
Section 3.11. PROltIBITIONS
(a) Appointment or R.emoval of Employees. Neither the Commission. nor any of
its members, shall in any manner control the appointment or removal of any City officers or
employees whom the City Manager or any of his or her subordinates are empowered to appoint.
The Commission or any of its members may, however, express views and fully and freely
discuss with the City Manager anything pertaining to the appointment and removal of these
officers and employees.
(b) Direction to Employees. Except for the purpose of inquiries and investigations,
the Commission and its members shall deal with City officers and employees who are subiect to
the direction and supervision of the City Manager, solely through the City Manager. Neither the
Commission nor its members shall give orders to any of those officers or employees, either
publicly or privately. The foregoing does not prohibit individual members of the Commission
from closely scrutinizing, by questions and personal observations, any aspect of City ~ovemment
operations in order to obtain information to assist in formulation of commission policies.
Recommendations for improvement in City government operations shall, however, be made to
13
" Charter Rems~on
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and through {he'' City Manaaer, so that he or she may coordinate the efforts of all City
departments.
(c) Holding City Office or Employment. No former member of the Commission
shall, within the City, hold any compensated appointive City office or employment with the City
until one (1) year after the expiration of the term for which he or she was elected or appointed.
Section 3.12. PROCEDURE
(a) Meetings. The Commission shall meet regularly at least twice a month at times
and places .that the Commission prescribes by rule or otherwise. Special meetings may be held
on the call of the Mayor or of a majority of the Commission. Whenever practicable, there shall
be at least twelve (12) hours notice of a special meeting to individual members of the
Commission and to the public.
(b) Rules. The Commission shall determine its own rules and order of business.
(c) Voting. Voting on ordinances, resolutions, and motions shall be by roll call and
shall be recorded in the minutes. Three (3) members of the Commission shall constitute a
quorum, but a smaller number may adjourn from time to time and may compel the attendance of
absent members in the manner and subject to the penalties prescribed by the rules of the
Commission. No action of the Commission, except as otherwise provided in the preceding
sentence or in Sections 3.07 and 3.08 of this Charter, shall be valid and binding unless adopted
by the affirmative vote of three (3) Commissioners.
Section 3.13. COMMISSION INWESTIGATIONS
Upon direction from the Commission, the City Clerk shall have the power to issue any
writs, processes, and subpoenas needed to facilitate any investigation convened by the
Commission for a municipal purpose.
Section 3.14. PLANNING AND ZONING BOARD AND BOARD OF ADJUSTMENT.
(a) Planning and ZoninG. The Commission has created and shall, in the interest of
the public health, safety, order, convenience and general welfare, maintain by ordinance a
Planning and Zoning Board to make recommendations to the Commission.
(b) Board of Adiustment. The Commission has created and shall maintain a Board
&Adjustment, whose decisions may be appealed pursuant to general law.
(Ord. No. 4-76. passed 2/23/76. ApProvedat Referendum 2/2/76)
Section 3.15. ALIENATION OF PUBLIC BEACHIES.
The Commission shall not in any manner alienate from the public, the public beach, lying
between the north and south boundaries of Section 16, Township 46 South, Range 43 East. or
any part thereof, of the City of Delray Beach, Florida.
{Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
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ARTICLE IV. ADMINISTRATIVE-EXECUTIVE
Section 4.01. CITY MANAGER.
There shall be a City Manager who shall be the chief administrative officer of the City.
He or She shall be responsible to the Commission for the administration of all City affairs placed
in his or her charge by or under this C_._eharter and such other duties as may be required by the
Commission.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
Section 4.02. APPOINTMENT; REMOVAL; COMPENSATION.
(a) Appointment. The Commission shall appoint a City Manager for an indefinite
term by majority vote of the Commission, to serve at the pleasure of the Commission.
(b) Removal. The City Manager shall only be terminated by the City Commission
upon the casting of four (4) affirmative votes in favor of such termination. Said vote shall not
take place except at a public heating which has been duly noticed seventy-two (72) hours in
advance of the meeting at which the vote takes place.
(c) Replacement. Upon the death, resignation, or termination of the City Manager,
the Commission shall appoint an Acting City Manager and thereafter, within a reasonable time,
appoint a regular City Manager.
(d) Compensation. The compensation of the Manager shall be fixed by the
Commission and shall not be reduced during this appointment.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 8-83, passed
1/25/83, Approved at Referendum 3/1/83; Am. Ord. No. 37-90, passed 8/28/90, Approved at
Referendum 11/6/90)'
Section 4.03. ACT/NG CITY MANAGER.
By letter filed with the Commission, the Manager shall designate, subject to approval of
the Commission, a qualified City administrative officer to exercise the powers and perform the
duties of Manager during his or her temporary absence or disability. During such absence or
disability, the Commission may revoke such designation at any time and appoint another officer
of the City to serve until the Manager shall return or his or her disability shall cease. (Ord. No.
4-76, passed 2/23/76, Approved at Referendum 2/2/76)
Section 4;04. POWERS AND DUTIES OF THE CITY MANAGER.
(a) Powers of the City Manager. The City Manager shall have the following powers
and duties~
(a-) 1_. Appoint and, when he or she deems it necessary for the good of the City,
suspend or remove all City employees and appointive administrative officers provided for
by or under this C.__~harter, except as otherwise provided by law, this Ceharter or personnel
rules adopted pursuant to this C.._eharter. All appointments and promotions of City officials
15
Charter Revision
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and en~pli~yees shall be made solely on the basis of merit and fitness demonstrated by
examination or other evidence of competence, t-I-e The .City Manager may authorize any
administrative officer who is subject to his or her direction and supervision to exercise
these powers with respect to subordinates in that officer's department, office, or agency.
qo-) 2. Direct and supervise the administration of all departments, offices and
agencies of the City, except as otherwise provided by this Ceharter or by law.
~ 3. Attend all Commission meetings and shall have the right to take part in
discussion but may not vote.
(d-) 4-: See that all laws, provisions of this Ceharter and acts of the Commission,
subject to enforcement by him or her or by officers subject to his or her direction and
supervision, are faithfully executed.
(e) 5. Submit to the Commission and make available to the public a complete
report on the finances and administrative activities of the City as of the end of each fiscal
year.
(4) 6. Make such other reports as the Commission may require concerning the
operations of City departments, offices and agencies subject to his or her direction and
supervision.
(-g) 7. Keep the Commission fully advised as to the financial condition and
future needs of the City and make such recommendations to the Commission concerning
the affairs of the City as he or she deems advisable or as the Commission may require.
x--Jt*'x'~--. Sign contracts on behalf of the City pursuant to the provisions of this
Ceharter, provisions of appropriation ordinances and where authorized by ordinance,
resolution or by motion (see section 4.09).
(-i-) 9_: Perform such other duties as are specified in this Ceharter or may be
required by the Commission.
(b) Prohibition. The City Manager shall not adopt and provide The personnel
policies or personnel rules adopt, ed pursuant to this Ceharter ska!! net that apply to ncr ~e
mah~.oit,~od-~ any of the City's employees who are covered by a collective bargaining
agreement which is subject to renegotiation unless otherwise expressly provided in said
personnel policies, personnel rules or collective bargaining agreement.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
Section 4.05. BUDGET PROCEDURE.
(a) Fiscal Year. The fiscal year of the City shall begin on the first day of October,
and end on the thirtieth day of September of the following year. Such year shall constitute the
budget year of the City government, and whenever the word year appears in this Ceharter it shall
be construed as meaning the fiscal year of the City unless otherwise indicated.
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Charter Revision
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(b) 'Bridget Submission. The City Manager shall submit his or her recom, mended
budget for the ensuing fiscal year to the Commission on or before the first regular meeting in
August. Complete copies of the proposed budget shall be on file and available to the public for
inspection during office hours in the office of the City Clerk, commencing the following
business day.
(c) Budget Document Requirements. The budget document shall present a
complete financial plan for the ensuing fiscal year. It shall include, at least, the following
information:
(1) ~ r'''''d '-'~r .......
. re ......... """-e:. Detailed estimates of all proposed expenditures
for each department and office of the City, showing the expenditures for corresponding
items for the last preceding and current fiscal years with reasons for increases and
decreases recommended, as compared with appropriations for the current year;
(2) ~c,r. de~ i.--debtednc::. Statements of the bonded and other indebtedness
of the City, showing the debt reduction and interest requirements, the debt authorized and
unissued, and the conditions of the sinking funds, if any;
....... r. ............. Detailed estimates of all anticipated income of the
City fi.om sources other than taxes and borrowing, with a comparative statement of the
amounts received by the City from each of the same or similar sources for the last
preceding and current fiscal years;
(4)............vA' ...... .............a~n"~* A statement of the estimated balance or deficit, as the
case may be, for the end of the current fiscal year;
(5) Taxe:. An estimate of the amount of money to be raised fi.om current and
delinquent taxes, and the amount to be raised from bond issues which, together with
income fi.om other sources, will be necessary to meet the proposed expenditures;
(6) Other i:f=rmatic,:. Such other supporting schedules as the Commission
may deem necessary.
(d) Public Hearin~l. A public hearing on the budget shall be held on the first regular
Commission meeting in September of each year. Notice of such public heating shall be
published at least one week in advance by the City Clerk. A condensed copy of the proposed
budget shall be published.
(e) Budget Adootion/At}prooriations. At the second regular Commission meeting
in the month of September of each year, the Commission shall, by resolution, adopt the budget
for the next fiscal year, and shall, in such resolution, make an appropriation for the money
needed for municipal purposes during the ensuing fiscal year of the City, 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 general operating expenses of the City, in any event
exceed the mileage limitation as provided by state law on the assessed valuation of all real and
personal property subject to taxation in the City. Should the Commission take no final action
during said meeting, the budget as submitted, shall be deemed to have been finally adopted by
the Commission.
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" Charter Revision
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(f) Expenditures. No money shall be drawn from the treasury of the City,nor shall
any obligation for the expenditure of money be incurred, except pursuant to the budget
appropriations. The Commission may transfer any unencumbered appropriation balance, or any
portion thereof, from one department, fund or agency to another. The balance in any
appropriation which has not been encumbered at the end of the fiscal year shall revert to the
General Fund and be reappropriated during the next fiscal year.
(g) Financial Data. At the beginning of each quarterly period during the fiscal year,
and more often if required by the Commission, the City Manager shall submit to the Commission
data showing the relation between the estimated and actual income and expenses to date; and if it
shall appear that the income is less than anticipated, the Commission shall reduce appropriations,
except amounts required for debt and interest charges, to such a degree as may be necessary to
keep expenditures within the income.
(h) Deposits/Depositories. The Commission shall designate the depository or
depositories for City funds, shall provide for the regular deposit of all City monies, and shall
provide for the proper security of all City deposits.
(i) Audit. An independent audit shall be made of all accounts of the City
government at least annually, and more frequently if deemed necessary by the Commission.
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 affairs of the City
government or of any of its officers. The condensed audit shall be published 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 form as will disclose pertinent facts concerning the
activities and finances of the City government.
Section 4.06. SUPERVISOR OF DEPARTMENTS
With the approval of the Commission, the Manager may serve as the head of one or more
departments, offices~ or agencies or may appoint one person as the head of two (2) or more of
them.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
Section 4.07. LEGAL COUNSEL
There shall be a City Attorney and such assistant city attorneys and special counsel as the
Commission shall deem necessary. They shall be responsible to the Commission for all legal
matters of the City placed in their charge by or under this C_.eharter and such other duties as may
be required by the City Commission.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
Section 4.08. LEGAL COUNSEL APPOINTMENT~ REMOVAL AND COMPENSATION.
(a) Appointment. The Commission shall appoint a City Attorney, such assistant city
attorneys and special counsel as may be deemed necessary. The City Attorney and assistant city
attorneys, if any, shall be appointed by Commission for an indefinite term by majority vote of the
18
Charter Revismn
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C i i ;~"~'"':*" ^ °' ............. ' '~ -~ ........c r~^~_:..:~_ Special counsel may be
omm ss on., ....... j ......... ., ............. v ............. .,.,. o, ,.. .
appointed ~ the need ~ses.
(b) Removal. The City Attorney and special counsel, at all times, shall hold office at
the pleasure of a majority of the Commission. Assistant city attorneys may be removed with or
without cause by the City Attorney.
(c) Compensation. The Commission may, fi.om time to time, fix the regular
compensation of the City Attorney, and assistant city attorneys, if any, at a sum commensurate
with the duties which may be imposed on them by this C._~harter and by the Commission;
provided, that all special or unusual services required of the City Attorney and assistant city
attorneys, if any, may be specially compensated as the Commission may see fit to provide.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76); Am. Ord. No. 9-83, passed
1/25/83, Approved at Referendum 3/1/83)
Section 4~09. DUTIES OF LEGAL COUNSEL.
(a) Duties. The City Attomey with the assistance of the City Clerk shall prepare all
ordinances, all contracts and other instruments in writing in which the municipality is concerned,
or shall endorse on each, his or her approval as to form. No contract with the municipality shall
be binding upon the municipality until the City Attorney has endorsed his or her approval
thereon, and this provision shall be strictly construed by all courts of this Sstate. When required
by the Commission, the City Attorney shall prosecute and defend, for and in behalf of the City,
all complaints, suits and controversies in which the City is a party.
(b) Opinions. The City Attomey shall furnish the Commission, City Manager, and
department heads his or her opinion on any questions of law relating to their respective powers
and duties; and he or she shall perform such other professional duties as may be required of him
or her by ordinance, resolution or motion of the Commission, by this Ceharter or by special acts.
(c) Assistant City Attorneys. Assistant city attorneys shall perform those duties
assigned them by the City Attorney.
(d) Special Counsel. Special counsel shall perform those duties assigned them by
Commission.
ARTICLE V. ELECTIONS
Section 5.01. ELECTORS.
Any person who is a resident of the municipality, who has qualified as an elector of this
_Sstate, and who registers in the procedural manner prescribed by general law and ordinance of
the municipality, shall be a qualified elector of the municipality.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
Section 5.02. TYPES OF ELECTIONS.
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Charter Revision
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Electio'ng'~to be held in the City shall all be conducted on a nonpartisan basis, without
regard for or designation of political party affiliation.
(a) Date of Nonpartisan Election. Nonpartisan elections shall be held on the second
Tuesday in M h of each year ch. +~. ......... c ~+:~ ^c~ ..... c ,~ Cky ~'~ .... ~ ~+~
(b) Ties~ In case of a tie in the nonpartisan election, a second nonpartisan election
shall be held.
(c) Special Election. All other municipal elections that may be held by authority of
this Ceharter, or of any law, shall be known as special elections.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 7-83, passed
1/25/83, Approved at Referendum 3/1/83; Am. Ord. No. 79-91, passed 11/19/91, Approved at
Referendum 3/10/92)
Section 5.03. FORM OF BALLOTS.
(a) Arrangement of names on ballot. The names of the candidates for each
Commission office seat and for the office of Mayor shall be arranged separately and
alphabetically and nothing on the ballot shall be indicative of the source of the candidacy of any
candidate.
(b) Ballot Title. A charter amendment, initiative petition or referendum ordinance to
be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure
may differ from its legal title and shall be a clear, concise statement describing the substance of
the measure out argument or pr u ce
(c). Ballot Form. Immediately below the ballot question shall appear the word "yes"
and the word "no" with a blank space thereafter to indicate the voter's choice. The word "yes"
shall mean the question is approved. The word "no" shall meaa the question is not approved.
..'f
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 99-85, passed
9/24/85, Approved at Referendum 11/5/85)
Section 5.04. ELECTIONS GENERALLY.
(a) Number of votes per elector. Each elector shall be entitled to vote for each of the
vacant seat numbers for the office of Commissioner and shall also be entitled to one vote for a
candidate for the office of Mayor when there is a vacancy in that office; provided, however, no
elector shall be entitled to cast more than one vote for any candidate.
(b) Highest number of votes to elect in first nonpartisan election. (4-) In a
nonpartisan election, a candidate for each of the seats on the ballot for the offices of
20
· Charter Revision
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Commissioners 0r for the office of Mayor who receives the highest number of votes even if it is
not a majority of the votes cast by all electors casting ballots for that office shall be declared to
be elected to the office for which he or she is a candidate; provided, however, notwithstanding
the foregoing provision, should two or more 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 election.
(2) (c) If One Person Qualifies for a Seat. In the event that not more than one person
qualifies as a candidate for each of the seats for the offices of Commissioners or for the office of
Mayor in the nonpartisan election, then an election shall not be held. Each candidate shall be
deemed to have voted for himself or herself., ..... ~a~.~ ~.-,~- ,~, :- .~. .... · ~,.~
(d) If No Person Qualifies. If no person qualifies as a candidate for any particular seat
for the office of Commissioner or for :he office of Mayor, then those seat(s)
C...cmmizsicner er fo-'~ cffi~z cf~''~''
............. j or shall be declared vacant and it shall be the duty of the
members of the Commission who are seated following the organizational meeting provided for
in Section 2.01 3.04(b) of this C._eharter, by majority vote to appoint a qualified person to fill the
vacancy.,.,,~,~.,e"~- ,~. ...... -vv----,,--~:~'~'~ The.. member(s) appointed to fill a vacancy og-a-seat-f~ _in the office
of Commissioner or the office of Mayor shall serve as provided by Section 3.08 of this Charter.
sh... ~e-:'~ un*? *? I~* ~'~' .... '~" :- ~-~' f~!!.~;;~ng .r. .... . .....
last r.:.~., in March ~'^'"~ *h~ !a.~t T*. .... a~*, C~. ^~
..... 2 .................. ~ ....... a legal hc!iday, and the. remainder cf thc
..... a .... two
(-c--) (e) Candidates for second nonpartisan election.
(1) In the second nonpartisan election, there shall be on the ballot those
candidates for seats for the office of Commissioner or for the office of Mayor for those
offices wherein candidates tied for the highest number of votes fi.om all electors casting
ballots for that seat or office in the first nonpartisan election. The names of the candidates
to be voted upon at the second nonpartisan election shall be the candidates which tie for
the highest number of votes in the nonpartisan election.
(2) In the event a candidate withdraws or dies before the second nonpartisan
election and leaves only one candidate for each vacancy for a seat for the office of
Commissioner or for the office of Mayor to be filled, then the second nonpartisan
election shall not be held. Each candidate shall be deemed to have voted for
himself/herself
(d) (f) Method of election in a second nonpartisan election. In the second nonpartisan
election, the remaining offices shall be filled by the candidate(s) receiving the highest number of
votes for each seat for the office of Commissioner or for the office of Mayor.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 68-78, passed
9/25/78, Approved at Referendum 11/7/78; Am. Ord. No. 7-83, passed 1/25/83, Approved at
21
· ' Charter Revision
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Referendum 7/1-/83; Am. Ord. No. 99-85, passed 9/24/85, Approved at Referendum 11/5/85;
Am. Ord. No. 79-91, passed 11/19/91, Approved at Referendum 3/10/92)
Section 5.05. RETURNS OF ELECTIONS.
(a) Canvassing the Returns. The results of the voting, when ascertained by the
Supervisor of Elections, shall be returned in duplicate; one copy to be delivered to the Mayor and
the other to the City Clerk, both of whom shall transmit such returns to the Commission at a
called meeting to be held not later than three (3) days after such election. At such meeting the
Commission shall canvass the returns and, in the absence of a declaration of a contest by any of
the candidates in such election, shall declare the results of the election as shown by the returns
made by the Supervisor of Elections.
(b) Certificates of Election. The City Clerk, not later than noon the second day
thereafter, shall furnish a certificate of e!ection to each person shown to be elected.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 2-82. passed 1
/26/82. Approved at Referendum 3/2/82)
Section 5.06. JUDGE OF ELECTION AND QUALIFICATION.
The Commissioners shall be the judge of the qualifications of its own members, and the
City Clerk shall be the judge of the election and election returns for the office of Mayor and for
the offices of Commission seats.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 101-85, passed
9/24/85, Approved at Referendum 11/5/85)
Section 5.07. SPECIAL ELECTIONS.
(a) Special Election Rules. The Commission shall provide the time, manner and
means of holding any special election, provided that no special election shall be called less than
thirty (30) days following the adoption of a resolution calling for such election.
(b) Method and Manner Set Forth bv Ordinance. The Commission shall prescribe
by ordinance the method and manner of holding all elections in the City, and shall provide when
and how special elections shall be called and held which are not provided by the terms of this
charter. All elections shall be conducted in accordance with this Coharter and with the provisions
of general law.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
Section 5.08. STRAW VOTE ELECTIONS.
The Commission is also empowered and authorized to spend public funds for the conduct
of straw vote elections upon a determination by the Commission that it is in the best interest of
the City to obtain an expression of the people with respect to a particular municipal question.
The Commission shall have the right to hold a straw vote election at any time, and may prescribe
limitations relating to the eligibility of those who shall be qualified to participate. The results of
said election shall not be binding on the Commission.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
22
Charter Revision
11/30/01
Section 5.09. 'RI~CALL.
The ~ electors of the City shall have the power to recall and to remove
from office any elected official of the City as provided by general law.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
ARTICLE VI. INITIATIVE, REFERENDUM
Section 6.01. INITIATIVE.
The gaat/-g~t~m electors oft. he City shall have the power to propose ordinances to the
Commission._ .,,,,~,"~'~ _lif the Commission fails to adopt an ordinance so proposed without any
change in substance, *^,v ~--t-,~'~ ....... v..~j~.:~* :*.. ~.-* ,. ~ r-;,....,,., ~,;^~,,.~,,,.,., the ordinance may be approved or
rejected at a City election, if the provisions of this Article are met.v-v-,-,,---- .... :'~'~ **'~*,--~- ~--~ ....... v-,-,,~,
.;~a!! not extend te However, no ordinance relating to or affecting the budget~ o~ capital
........ '~: ....... ~'~:~ '^ appropriation of money, levy of taxes or salaries of City
program~ ..... : ................... ~ ,,~
officers or employees shall be allowed to be brou?4ht forward as an initiative.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 212/76)
Section 6.02. REFERENDUM.
The ~ electors of the City shall have power to require reconsideration by
the Commission of any; adopted ordinance: and, Iif the Commission fails to repeal an ordinance
~,, ^- '~;~+ ;+ '~+ a City ~+;^~ the issue may be
brought forward for reconsideredation, +~ apprc;'e .... o ................ ,
approved or rejected at a City election if the provisions of this Article are met. prc;'ided tkat
pcwer :ka!! nv,t :xten~ tv. However, no issue shall be allowed to be brought forward for
reconsideration that relates to or affects the budgeL ~ capital program~ e~ any emergency
ordinance or ordinance relating to appropriation of money, levy er-(of:) taxes, or salaries of City
officers or employees.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
Section 6.03. COMMENCEMENT OF PROCEEDINGS.
(a) Petitioners Committee. Any five (5) ~ electors may commence
either initiative or referendum proceedings by filing with the City Clerk or other official
designated by the Commission (hereinafter both officials shall be referred to as "City Clerk") an
affidavit stating they will constitute the petitioners' committee and be responsible for circulating
the petition and filing it in proper form, stating their names~ ~n~ addresses and specifying the
address to which all notices to the committee are to be sent, and setting out in full the proposed
initiative ordinance or citing the ordinance sought to be reconsidered.
(b) Issuance of Petition Blanks. Promptly after the affidavit of the petitioners'
committee is tiled, the City Clerk c.- c.*''~- v.r~:~;~ .~;~,~ ,... +~.~ t-^~:~.;^_ may, at the
committee's request, issue the appropriate petition blanks to the petitioners' committee at the
committee's expense.
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· · Charter Revision
11/30/01
Section 6.04. 'FORM OF PETITIONS.
(a) Numb,er of signatures. Initiative and referendum petitions must be signed by
~ electors of the City equal in number to at least fifteen (15) percent of the total
number of~ electors registered to vote at the last regular City election.
(b) Form and content. All papers of a petition shall be uniform in size and style and
shall be assembled as one instrument for filing. Each signature shall be executed in ink or
indelible pencil and shall be followed by the printed name, address, and precinct number and
date cf :i~n'~ng c,f the person signed the petition, si-f06~. Petitions shall contain~ or have attached
thereto throughout their circulation the full text of the ordinance proposed or sought to be
reconsidered.
(c) Affidavit of circulator. Each paper of a petition shall have attached to it when
filed an affidavit executed by the circula:or thereof stating that he or she personally circulated the
paper, the number of signatures thereon, that all the signatures were affixed in his or her
presence, that he or she believes them to be the genuine signatures of the persons whose names
they purport to be and that each signer had an opportunity before signing to read the full text of
the ordinance proposed or sought to be reconsidered.
(d) Time for filing referendum petitions. Referendum petitions must be filed
within sixty (60) days after adoption by the Commission of the ordinance sought to be
reconsidered.
(e) Time for filing initiative petitions. Initiative petitions must be filed within sixty
(60) days of the first signature thereon and signatures may not be procured prior to the time of
commencement of proceedings as set forth in Section 6.03. When the petitions have been filed,
the City Clerk s_hall submit the same to the Commission at its next regular meeting and
provisions shall be made by the City Clerk for public heatings upon the proposed ordinance.
(Ord. No. 4-76. passed 2/23/76, Approved at Referendum 2/2/76)
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 for after a referendum petition is filed, the City Clerk
^, ^a,~, ^,-c,~:~ ,~,~,~ ~,., ,~,~ Cc,:mni::ic, n shall complete a certificate as to its sufficiency_.;
.... :t.,~_, :f :, :,: .... rc,,,;~_, The certificate shall specify the deficiencies and defects the
pa.--t:'cu!ar: ':,'~ere:.n :'t i: defective and shall promptly send a copy of the certificate to the
petitioners' committee by registered mail. Grounds for insufficiency are only those specified in
Section 6.04. A petition certified insufficient for lack of the required number of valid signatures
may be amended once if the petitioners' committee files a notice of intention to amend it with the
City Clerk .... ~.~. ~,-c.~:~ ~:~,~.~ ~.., ,~.~ r-~;~.;~ · ·
.................... .., ....... ., .................. w~th~n two (2) days after receiving the
...... '~'~;*;~ ...... within ten
copy of his or he, r certificate and files a supplementary petition ..,. .............. ,.~v~.,,
(10) days after receiving the copy of such certificate. Additional signatures may be gathered in
this ten day period in order to meet the minimum required number of electors. Such
supplementary petition shall comply with the requirements of subsections (b) and (c) of Section
6.04, and within five (5) days after it is filed the City Clerk,~.~- ,~,.,~.^a'~- .,...,~.~.^rr":~ ~,~-,*c~-~,'--*'~":~*~'~ ~'",-., *~'~,-'~
Cc.~cnisr. icn shall complete a certificate as to the sufficiency of the petition as amended and
24
· Charter Revision
11/30/01
promptly send'a'¢opy of such certificate to the petitioners' committee by registered mail.as in the
case of an original petition.
(b) Final determination of sufficiency by City Clerk. If a petition or amended
petition is certified sufficient, or if a petition or amended petition is certified insufficient and the
petitioners' committee does not elect to amend or request commission review under subsection
(-b-) (c) of this section within the time required, the City Clerk..."' ........^'~'~- ...........^r"~: ~ ~-..~-..-..-.~'~;~'~'~ by '~'~...~
Cc::'.'ni:.g~cn shall promptly present his or her certificate to the Commission and the certificate
shall then be a final determination as to the sufficiency of the petition.
(b-)(c) Commission review. If a petition has been certified insufficient and the
petitioners' committee does not file notice of intention to amend it or if an amended petition has
been certified insufficient, the committee may, within two (2) business days after receiving the
copy of such certificate, file a request for review by the City Commission......'""n ~.vv.-...~ .......... ...
di.gappre, ve it, and the Commission's determination o._fskal! then be a final dete_-'m:'nat':en as tc '~e
sufficiency of the petition, shall be the final determination.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
,Section 6.06. REFERENDUM PETITIONS SUSPENSION OF EFFECT OF
ORDINANCE.
When a referendum petition is filed with the City Clerk ^- ^*~- ^~'~'~: ~ '~': .... ~ *"' *~
r,^_~;..;~__.,.....,o..,_, the ordinance sought to be reconsidered shall be suspended from taking effect.
Such suspension shall terminate when:
(1) There is a final determination of insufficiency of the petition,i or
(2) The petitioners' committee withdraws the petition,i or
(3) The Commission repeals the ordinance;;, or
(4)
After a vote of the City on the ordinance has been certified. (Ord. No. 4-76,
passed 2/23/76, Approved at Referendum 2/2/76)
Section 6.07. ACTION ON PETITIONS.
(a) Action by Commission. When an initiative or referendum petition has been
finally determined sufficient, the Commission shall promptly consider the proposed initiative
ordinance in the manner provided by general law for passage of ordinances or reconsider the
referred ordinance by voting its repeal. If the Commission fails to adopt a proposed initiative
ordinance without any change in substance within sixty (60) days or fails to repeal the referred
ordinance within thirty (30) days, it shall submit the proposed or referred ordinance to the voters
of the City.
(b) Submission to voters. The vote of the City on a proposed or referred ordinance
shall be held not less than thirty (30) days and not more than sixty (60) days from the date that
the petition was determined sufficient. If no regular City election or no general or primary
election is to be held within the period described in this subsection, the Commission shall
provide for a special election except that the Commission may in its discretion provide for a
25
: Charter Revision
11/30/01
special election at an earlier date within the described period. Copies of the proposed or. referred
ordinance shall be made available at the polls.
(c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn
at any time prior to the fit~eenth day preceding the day scheduled for a vote of the City by filing
with the City Clerk er .etCher c. ffiz:~:t! ~e:~gnr. tz~ by t?.z C~n:~:s~cn a request for withdrawal
signed by at least four (4) members of the petitioners' committee. Upon the filing of such
request the petition shall have no further force or effect and all proceedings thereon shall be
terminated.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
Section 6.08. RESULT OF ELECTION.
(a) Initiative. If a majority of the ~ electors voting on a proposed initiative
ordinance vote in its favor, it shall be considered adopted upon certification of the election
results and shall be treated in all respects in the same manner as ordinances of the same kind
adopted by the Commission. If conflicting ordinances are approved at the same election, the one
receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
(b) Referendum. If a majority of the q4~U~fied electors voting on a referred ordinance
vote against it, it shall be considered repealed upon certification of the election results. (Ord. No.
4-76, passed 2/23/76, Approved at Referendum 2/2/76)
*Editor's Note: This Article VI shall apply to all initiative and referendum situations within the
City, unless otherwise governed by F.S. Sections 166.031,171.0413 and 171.051.
ARTICLE VII. TR.MNSITION SCHEDULE
Section 7.0t. CONTINUATION OF FORMER CHARTER PROVISIONS.
All provisions of Chapter 25786, Laws of Florida, Special Acts 1949, as amended by
special law or otherwise~ which are not embraced herein and which are not inconsistent with this
Ceharter shall become ordinances of the City subject to modification or repeal in the same
manner as other ordinances of the City.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
Section 7.02. ORDINANCES PRESERVED.
All ordinances in effect upon the adoption of this C._~harter, to the extent not inconsistent
with it, shall remain in force until repealed or changed as provided herein.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
Section 7.03. RIGHTS OF OFFICERS AND EMPLOYEES.
Nothing in this ~ Ceharter, except as otherwise specifically provided~ shall affect or
impair the rights or privileges of persons who are City officers or employees at the time of
adoption. Elected officers shall continue to hold their offices and discharge the duties thereof:
26
Charter Revision '
11/30/01
Section 7.04. ' P-ENDING MATTERS.
All fights, claims, actions, orders, contracts and legal or administrative proceedings
involving the City shall continue except as modified pursuant to the provisions of this charter.
All right, title~ and interest in property, real or personal, uncollected taxes due, claims, judicial
decrees, liens, suits, actions~ and choeses in action held or owned by the existing municipality
shall pass and the same are hereby vested in the municipality continued under this revised
charter.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
Section 7.05. OBLIGATION OF CONTRACTS PRESERVED.
No debt or obligation of contract of the City shall be changed as a result of the adoption
of this C.__sharter. All such debts and obligations shall pass to and be binding upon the
municipality '::k:.cb is hereby continued.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
(Ord. No. 4-76. passed 2/23/76, Approved at Referendum 2/2/76)
Section 7.0:76 DELETION OF OBSOLETE SCHEDULE ITEMS.
The Commission shall have power, by resolution, to delete from this Article VII any
section, including this one, when all events to which the section to be deleted is or could become
applicable have occurred.
(Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76)
A T)'T'TC'T C' T~TT 'Ik/I'TTT'~TTI"~TT) A T t~FtTTDT
27
RESOLUTION NO. 71-01
Question 1
Rev. 11/30/01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION
ON A CHARTER CHANGE TO BE HELD ON MARCH I2, 2002, TO
PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE
PRESENTED IN ORDINANCE NO. 62-01; PROVIDING FOR THE TIME,
MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING
A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 62-01 amends the City Charter by clarifying, deleting obsolete
references, correcting grammatical errors, ceorganizing and enhancing the Charter's "readability"; and
WHEREAS, the City of Delray Beach desires to call for a special election on the matter; and
WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special
election and to provide all notices required in accordance with Article V, "Elections" of the Charter of the
City of Delray Beach and General Law; and
WHEREAS, the City Commission of the City of Delray Beach directs that the special election on
the Charter change proposed in Ordinance No. 62-01 be held on March 12, 2002.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,' FLORIDA, AS FOLLOWS:
Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully
set forth herein.
Section 2. That the City Commission authorizes the holding of a special election on the Charter
change presented in Ordinance No. 62-01
Section 3.
12, 2002.
That the City Commission hereby sets the date of the election to be held on March
Section 4. That the City Commission hereby authorizes the City Clerk to provide all notices and
to take all steps necessary to hold the referendum as hereby provided.
Section 5. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this
~dayof ,2002.
ATTEST:
City Clerk
MAYOR
Question 1
Rev. 11/30/01
NOTICE OF SPECIAL ELECTION
The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes
§100.342, that a Special Election shall be held on March 12, 2002 on the Charter proposed by
Ordinance No. 62-01 to wit:
CHARTER REVISION CLARIFYING, REORGANIZING, AND ENHANCING
THE "READABILITY" OF THE CHARTER.
AN AMENDMENT REVISING THE CITY OF DELKAY BEACH CHARTER
BY REORGANIZING, CORRECTING GRAMMATICAL ERRORS,
CLARIFYING CERTAIN PROVISIONS, DELETING OBSOLETE TERMS,
AND MAKING THE CHARTER EASIER TO READ, AS PROVIDED IN
ORDINANCE NO. 62-01
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENT BE
ADOPTED?
YES (for approval)
NO (against approval)
CITY OF DELRAY BEACH, FLORIDA
PUBLISH: The News
Barbara Garito
City Clerk
[This publication shall be made at least twice, once in the fifth week and once in the third week
prior to the week in which the referendum is to be held, at least 30 days prior to the referendum
date.] "
ORDINANCE NO. 63-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS
BY AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH,
ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY
MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER;
OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR;
SUCCESSION TO THE OFFICE OF MAYOR", PROVIDING FOR THE
LENGTH OF THE MAYOR'S TERM IF ELECTED AT A SPECIAL
ELECTION; BY REPEALING SECTION 3.06(d), "VACANCIES;
FORFEITURE OF OFFICE; FILLING OF VACANCIES", AND
ENACTING A NEW SECTION 3.06(d), "FILLING A VACANCY IN THE
OFFICE OF MAYOR" AND SUBSECTIONS 3.06(d)(1)(2)(3)(4) AND (5);
TO PROVIDE FOR FILLING A VACANCY IN THE OFFICE OF MAYOR;
BY AMENDING ORDINANCE NO. 62-01 BY REPEALING SECTIONS
3.08(b)(1)(2) AND (3) OF ORDINANCE NO. 62-01 AND ENACTING A
NEW SECTION 3.08, "FILLING OF A VACANCY IN THE OFFICE OF
MAYOR" AND SUBSECTIONS 3.08(b)(1)(2) AND (3), TO PROVIDE
FOR THE FILLING OF VACANCY IN THE OFFICE OF MAYOR,
PROVIDING FOR THE LENGTH OF THE MAYOR'S TERM IF
ELECTED AT A SPECIAL ELECTION, PROVIDING FOR THE VICE-
MAYOR TO SERVE AS MAYOR UNTIL THE NEXT ELECTION IF 60
OR MORE DAYS REMAIN UNTIL THE NEXT ELECTION OR IF LESS
THAN 60 DAYS REMAIN REQUIRING A SPECIAL ELECTION TO FILL
THE VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR THE
QUALIFICATION OF CANDIDATES FOR A SPECIAL ELECTION TO
FILL A VACANCY IN THE OFFICE OF MAYOR, THE DATE OF
ASSUMPTION OF OFFICE OF TILE MAYOR ELECTED AT THE
SPECIAL ELECTION, PROVIDING THAT THE TERM OF THE
COMMISSIONER FILLING A VACANCY CREATED BY THE VICE-
MAYOR SUCCEEDING AS MAYOR SHALL BE ONLY UNTIL THE
NEXT ELECTION INSTEAD OF FOR THE MAYOR'S TERM OF
OFFICE, UNLESS A VACANCY IS CREATED LESS THAN 60 DAYS
BEFORE THE ELECTION THEN THE SEAT SHALL REMAIN VACANT
UNTIL AFTER A MAYOR IS ELECTED AT THE SPECIAL ELECTION;
PROVIDING FOR THE FILLING OF VACANCIES IN THE OFFICE OF
VICE-MAYOR AND DEPUTY VICE-MAYOR; PROVIDING FOR A
REFERENDUM ON MARCH 12, 2002; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
Charter Ord. Question #2 11/30/01
WHEREAS, the City Commission, after a review of many proposals, has decided to put the
Question set forth in this Ordinance to a vote of the electorate; and
WHEREAS, the City Commission desires to amend Ordinance No. 62-01 if the electorate
votes for its passage, and if not to amend the current City Charter as herein provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. That Article III, Legislative", Section 3.01, "Commission-City Manager Form
of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to
Office of Mayor" of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of Florida,
Special Act of 1949 and amendments thereto is hereby amended by amending Section 3.01(a), to read as
follows:
(a) There shall be a Commission with all legislative powers of the City vested therein.
The Commission shall be composed of five (5) commissioners, all of whom shall be qualified
electors and have such other qualifications as are prescribed by law, one of whom shall be duly
elected Mayor, all of whom shall be elected at large for a term of two (2) years in the manner
provided in this charter. The Mayor and Commissioners shall assume office on the last Thursday
March following their election or on the last Friday in March should the last Thursday fall on a legal
holiday or as otherwise provided in this charter. In the event a vacancy shall occur in the office of
Mayor, the Vice-Mayor shall automatically become Mayor. In the event a vacancy shall occur in the
office of Vice-Mayor, the Deputy Vice-Mayor shall automatically become Vice-Mayor, and a new
Deputy Vice-Mayor shall be selected by the Commission. Two (2) Commissioners shall be elected
in even-numbered years, and two (2) Commissioners shall be elected in odd-numbered years, unless
a vacancy or vacancies exist, in which event successors for the filling of any unexpired term or
terms shall be elected or appointed as herein provided, in order to carry our the intent and meaning
of this charter e..~,. ..... ,~,~ ~ ...... ,~, ~ ~,~,~.~ ~.~.~ ~. ,..,^ f~x ........... ~,,.~. ,. ....... ~.
~+:~- :' u~'~; .... :'~n ,c' ^.~.4 .... ~.~.~a ..... Ifa vacancy in the office of Mayor occurs and the
Mayor is elected at a special election, the duration of the Mayor's term of office will be the same as
if the Mayor was elected at the previous regular election.
Section 2. That Article 1II, "Legislative", Section 3.02, "City Commission:
Composition, Eligibility, Election, and Terms", of the City Charter of the City of Delray Beach, Florida,
Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, as amended by Ordinance
No. 62-01 is hereby amended by amending Section 3.02 of Ordinance No. 62-01, "City Commission:
Composition, Eligibility, Election, and Terms", Section 3.03 Of Ordinance No. 62-01, "Qualifications of
Candidates; Election" and Section 3.04, "Assumption of Office" of Ordinance No. 62-01 to read as follows:
2 OR.D NO. 63-01
Charter Ord. Quesuon #2
11/30/01
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) 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.
(c) Leneth of Mayor's Term. If a vacancy in the office of Mayor is filled at a special
election, the duration of the Mayor's term of office will be the same as if the Mayor was elected at
the previous regular election.
(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 3.03. QUALIFICATIONS OF CANDIDATES: ELECTION
(a) Regulation of Qualifications. The qualifications, time, manner, and costs of
qualifying as a candidate for Mayor or Commissioner shall be regulated by Chapter 34 of the Code
of Ordinances of the City.
(b) Filing of Candidates' Petitions. All candidate petitions shall be filed with the City
Clerk no earlier than noon on the last Tuesday in January and no later than noon on the second
Tuesday in February of the calendar year in which the election will be heId provided; however, if a
special election to fill a vacancy in the office of Mayor is to be held,, the time for qualifying shall be
as provided by this Charter and Chapter 34 of the Code of Ordinances of the City of Delray Beach.
(c) Names of Candidates. The City Clerk shall deliver the names of all candidates and
the offices for which they have filed, to the Supervisor of Elections no later than 5:00 p.m. on the
first Friday after the close of qualifying.
Section 3.04. ASSUMPTION OF OFFICE
(a) Assumption of Office. The successful candidates for Mayor and Commissioners
shall assume office on the last Thursday in March following the regular election. The Commission
shall hold an organizational meeting immediately thereafter, and shall select from the
Commissioners other than the Mayor, a Vice-Mayor and a Deputy Vice-Mayor. These two officials
3 OKD NO. 63-01
Charter Ord. Question #2 11/30/01
shall serve in their respective capacities at the pleasure of the Commission until the organizational
meeting of the following year.
(b) Assumption of Office for Appointees and those elected at a Special Election. A
person appointed to fill a vacancy or to fill a vacancy in the office of Mayor by electing a Mayor at a
special election shall assume office at the first regular meeting of the Commission after being so
appointed or elected.
Section 3. That Article III, "Legislative", Section 3.06, "Vacancies; Forfeiture of Office;
Filling of Vacancies", of the City Charier of the City of Delray Beach, Florida, Chapter 24788, Laws of
Florida, Special Act of 1949 and amendments thereto, is hereby amended by repealing Section 3.06(d)
enacting a new Section 3.06(d), "Vacancy in the Office of Mayor" and enacting new subsections 3.06(d)(1)
(2)(3)(4) and (5) to read as follows:
(d) Vacancy in the Office of Mayor.
(1) If a vacancy in the office of Mayor occurs sixty (60) or more calendar days
preceding the date of the next regular City election, there will 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) calendar days preceding the date of the re~lar City election, the May,
shall be elected 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 Ordinances
may run for the Mayor's seat to be filled at the special election. Notwithstanding anything to the
contrary, the Mayor elected at the special election shall assume office at the first regular meeting of
the Commission after being elected.
(2) No matter 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 organizational meeting held after the regular election and prior to the special election
shall serve until a new Mayor is seated and thereafter shall retum to his or her seat.
(3) The succession to the office of Mayor by the Vice-Mayor shall create a
vacancy in the Commission, which shall be filled in the manner set forth in this Charter, except the
Commissioner appointed to fill the vacancy created on the Commission as a result of a vacancy in
the office of Mayor that occurs sixty (60) or more days before the next election, shall serve only
until the last Thursday in March following the next City election. If the vacancy on the Commission
occurs as a result of a vacancy to office of Mayor less than sixty (60) days prior to the next election
the vacancy on the Commission shall remain vacant notwithstanding anything to the contrax
4 ORD NO. 63-01
Charter Ord. Question #2
1 !/30/01
contained within this Charter until a new Commissioner is appointed after the election of the Mayor
at the special election.
(4) If the Vice-Mayor is unable or unwilling to succeed to the office 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 Commission shall then select a Mayor
from the remaining Commissioners. If the Commission is unable to select a Mayor by the end of
the second re~lar meeting after 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 Deputy Vice-Mayor shall
automatically become Vice-Mayor and a new Deputy Vice-Mayor 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 Article llI, "Legislative", Section 3.06(d) of the City Charter and
Chapter 24788 of the Laws of Florida and Special Act of 1949 and amendments thereto are hereby
amended by amending Ordinance No. 62-01, Section 3.08, which is amended by repealing Subsections
3.08(b)(1)(2) and (3) of Ordinance No. 62-01 and enacting new Subsections 3.08(b)(1)(2) and (3) of
Ordinance No. 62-01 to read as follows:
(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 re~lar City election, there will be an election to fill the Mayor's
seat which will be held at the time of the next regular City election. Ifa vacancy occurs in the office
of Mayor less than sixty (60) calendar days preceding the date of the regular City election, the
Mayor shall be elected 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 Ordinances may nm for the Mayor's seat to be filled at the special election. Notwithstandinq
anything to the contrary, the Mayor elected at the special election shall assume office 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 organizational meeting shall serve until a new Mayor is seated and shall thereafter
return to his or her seat.
5 ORD NO. 63-01
Charter Ord. Question #2 11/30/01
(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 the manner set forth
in this Charter except the Commissioner appointed to fill the vacancy created on the Commission as
a result of a vacancy in the office of Mayor that occurs sixty (60) days or more before the next
election shall serve 0n!y until the last Thursday in March following the next City election. If a
vacancy occurs on the Commission as a result of a vacancy in the office of Mayor less than sixty
(60) days before the next, election, the Commission seat shall remain vacant, notwithstanding
anything to the contrar~ within this Charter until after the election of the Mayor at the special
election.
Section 5. That Section 1, 2, 3 and 4 of this ordinance shall be effective as follows:
If Question 1 in Ordinance No. 62-01 is not approved by the electors but the electors
approve of the question in Section 6 of this ordinance, then only Section 1 and Section 3 of this
ordinance shall have passed and Section 2 and Section 4, which amend Ordinance No. 62-01 will be
null and void. However, if Ordinance No. 62-01 is approved by the electors and the electors as
herein provided approve of the question set forth in this Section 6 herein, then Section 2 and Section
4 of this Ordinance No. 63-01 shall have passed and Section 1 and Section 3, which amends the
Charter as currently set forth, will be null and void. If the electors disapprove of the question
provided for in this ordinance, then this ordinance will be deemed null and void in its entirety.
Section 6. This ordinance shall be effective as provided in Section 5 above. The
majority of the electors voting at the election to be held March 12, 2002, shall either approve or disapprove
of the question which will be presented substantially as follows:
Question 2
CHARTER REVISION RELATING TO THE FrI.LING OF A VACANCY IN THE
OFFICE OF MAYOR.
A CITY OF DELRAY BEACH CHARTER AMENDMENT REQUIRING A SPECIAL
ELECTION TO BE HELD IF A MAYOR.AL VACANCY OCCURS LESS THAN 60
DAYS BEFORE THE NEXT REGULAR ELECTION, PROVIDING FOR
ASSUMPTION OF OFFICE, CLARIFYING THE TERMS OF THE MAYOR AND
COMMISSIONER WHEN FILLING A MAYORAL VACANCY, PROVIDING FOR
EXTENDED QUALIFYING PERIODS IN THE EVENT OF SUCH SPECIAL
ELECTION AND RELATED MATTERS.
SHOULD THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
6 ORD NO. 63-01
Charter Ord. Question #2
11/30/01
Section 7. 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 this ordinance.
Section 8. That if any clause, section or other part of this ordinance shall 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 9. That this ordinance shall become effective upon passage on second and final
reading and in accordance with Section 5 herein.
dayof
PASSED AND ADOPTED in regular session on second and final reading on this the ~
,2001.
ATTEST:
City Clerk
First Reading ._
Second Reading
IVIAYOR
7 ORD NO. 63-01
RESOLUTION NO. 72-01
Question 2.
Rev. 11/30/01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION
ON A CHARTER CHANGE TO BE HELD ON MARCH 12, 2002, TO
PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE
PRESENTED IN ORDINANCE NO. 63-01 PROVIDING FOR THE TIME,
MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING
A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 63-01 amends the City Charter by requiring a special election to fill a
vacancy in the office of Mayor, requiring an election if less than 60 days remain before the next election,
addresses the assumption of office, qualifications, and related matters; and
WHEREAS, the City of Delray Beach desires to call for a special election on the matter; and
WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special
election and to provide all notices required in accordance with Article V, "Elections" of the Charter of the
City of Delray Beach and General Law; and
WHEREAS, the City Commission of the City of Delray Beach directs that the special election on
the Charter change proposed in Ordinance No. 63-01 be held on March 12, 2002.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Sectior~ 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully
set forth herein.
Section 2. That the City Commission authorizes the holding of a special election on the Charter
change presented in Ordinance No. 63-01
Section 3.
12, 2002.
That the City Commission hereby sets the date of the election to be held on March
Section 4. That the City Commission hereby authorizes the City Clerk to provide all notices and
to take all steps necessary to hold the referendum as hereby provided.
Section 5. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this
day of ,2002.
ATTEST:
MAYOR
City Clerk
Question2.
Rev. 11/30/01
NOTICE OF SPECIAL ELECTION
The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes
§100.342, that a Special Election shall be held on March 12, 2002 on the Charter proposed by
Ordinance No. 63-01 to wit:
CHARTER REVISION RELATING TO THE FILLING OF A VACANCY IN
THE OFFICE OF MAYOR.
A CITY OF DELRAY BEACH CHARTER AMENDMENT REQUIRING A
SPECIAL ELECTION TO BE HELD IF A MAYORAL VACANCY OCCURS
LESS THAN 60 DAYS BEFORE THE NEXT REGULAR ELECTION,
PROVIDING FOR ASSUMPTION OF OFFICE, CLARIFYING THE TERMS
OF THE MAYOR AND COMMISSIONER WHEN FILLING A MAYORAL
VACANCY, PROVIDING FOR EXTENDED QUALIFYING PERIODS IN
THE EVENT OF SUCH SPECIAL ELECTION AND RELATED MATTERS.
SHALL THE ABOVE-DESCRIBED
ADOPTED?
CHARTER AMENDMENT BE
YES (for approval)
NO (against approval)
CITY OF DELRAY BEACH, FLORIDA
PUBLISH: The News
Barbara Garito
City Clerk
[This publication shall be made at least twice, once in the fifth week and once in the third week
prior to the week in which the referendum is to be held, at least 30 days prior to the referendum
date.]
ORDINANCE NO. 64-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA; PROVIDING FOR CHARTER REVISIONS
BY AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH,
ARTICLE III, "LEGISLATIVE", SECTION 3.0.1, "COMMISSION CITY
MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER;
OFFICE OF THE VICE MAYOR AND DEPUTY VICE MAYOR;
SUCCESSION TO THE OFFICE OF THE MAYOR; TERM LIMITS", BY
REPEALING SECTION 3.01(c) AND ENACTING A NEW SECTION
3.01(c) AND BY AMENDING ORDINANCE NO. 62-01, SECTION 3.09,
"TERM LIMITS", BY AMENDING SUBSECTION (a), TO PROVIDE
THAT EFFECTIVE 2003 AND THEREAFTER A COMMISSIONER
AND/OR THE MAYOR WHO REACHES TERM LIMITS DURING AN
ELECTED TERM SHALL BE NEVERTHELESS PERMITTED TO SERVE
OUT THAT ELECTED TERM; PROVIDING FOR A REFERENDUM ON
MARCH 12, 2002, 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 fi.om the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of many proposals, has decided to put the
Question set forth in this Ordinance to a vote of the electorate; and
WHEREAS, the City Commission desires to amend Ordinance No. 62-01 if the electorate
votes for its passage and if not to amend the current City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. That Article I11, "Legislative", Section 3.01, "Commission City Manager
Form of Government; Term Office; Number; Office of the Vice-Mayor and Deputy Vice-Mayor;
Succession to the office of Mayor; Term Limits", of the City Charter of the City of Delray Beach, Florida,
Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, be and is hereby amended
by repealing Section 3.01 (c) and enacting a new Section 3.01 (c) to read as follows:
(c) Individual Commissioners, including the Mayor, shall be prohibited fi.om holding
office for more than six (6) consecutive years: The term "holding office" shall be defined as serving
as Commissioner or Mayor. The term "consecutive years" shall not include any time served as a
result of appointment. Effective in the year 2003 and thereafter, a Commissioner or Mayor may
complete the entire term to which they were elected, if a term limit is reached during an elected
tenn. A person who has served the maximum amount of consecutive time allowed by this Charter
Charter Ord. Question #3
Rev. 11/30/01
as Commissioner or Mayor shall remain out of office until the last Thursday in March of the year
following the expiration of his or her term of office.
Section 2. That Article 1II, "Legislative" of the City Charter, Chapter 24788, Laws of
Florida, Special Act of 1949 and amendments thereto and Ordinance No. 62-01, Section 3.09, "Term
Limits" is hereby amended by amending Section 3.09(a) of Ordinance No. 62-01 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: The term "holding office" shall be defined as
serving as Commissioner or Mayor. The term "consecutive years" shall not include any years
served as a result of appointment. Effective in the year 2003 and thereafter, a Commissioner or
Mayor may complete the entire term to which they were elected, if a term limit is reached during an
elected term.
Section 3. That Section 1 or 2 of this Ordinance shall be effective as follows:
If Ordinance No. 62-01 is not approved and the electors approve of the question set forth in
Section 4, then only Section 1 of this ordinance shall have passed and Section 2 which amen`a-
Ordinance No. 62-01 will be null and void. However, if the question presented in Ordinance ix
62-01 is passed and the question in this ordinance is approved, then only Section 2 of this ordinance
shall have passed and Section 1 which amends the Charter as currently set forth will be null and
void. If the electors disapprove of the question provided for in this ordinance then this ordinance,
shall be deemed null and void in its entirety.
Section 4. This ordinance shall be effective as provided in Section 3 above. The
majority of the electors voting at the election to be held March 12, 2002, shall either approve or disapprove
of the following question which will be presented substantially as follows:
Question 3
CHARTER REVISION PERMITTING TERM LIMITED ELECTED OFFICIALS TO
SERVE OUT THEIR ELECTED TERM EFFECTIVE 2003.
CITY OF DELRAY BEACH CHARTER AMENDMENT PERMITTING ELECTED
OFFICIALS TO SERVE OUT THE ENTIRE TERM TO WHICH THEY WERE
ELECTED IF A TERM LIMIT IS REACHED DURING AN ELECTED TERM
EFFECTIVE IN 2003 AND THEREAFTER.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
2 ORD NO. 64-01
Charter Ord. Quesuon #3
Rev. 11/30/01
Section 5. That upon the approval of this ordinance by the electors as set forth above, all
ordinances or parts or ordinances or Charter provisions or paris of Charier provisions in conflict herewith
shall be and the same are hereby repealed as of the effective date of this Ordinance.
Section 6. That any clause, section or other pan of this ordinance shall 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 7. That this ordinance shall become effective upon its passage on second and
final reading and in accordance with Section 3 above.
day of
PASSED AND ADOPTED in regular session on second and final reading on this the~
,2001.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
3 ORD NO. 64-01
RESOLUTION NO. 73-01
Question 3.
Rev. 11/30/01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION
ON A CHARTER CHANGE TO BE HELD ON MARCH 12, 2002, TO
PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE
PRESENTED IN ORDINANCE NO. 64-01; PROVIDING FOR THE TIME,
MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING
A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 64-01 amends the City Charter by permitting a term limited
commissioner or mayor to serve out an elected term; and
WHEREAS, the City of Delray Beach desires to call for a special election on the matter; and
WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special
election and to provide all notices required in accordance with Article V, "Elections" of the Charter of the
City of Delray Beach and General Law; and
WHEREAS, the City Commission of the City of Dekay Beach directs that the special election on
the Charter change proposed in Ordinance No. 64-01 be held on March 12, 2002.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY Or
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully
set forth herein.
Section 2. That the City Commission authorizes the holding of a special election on the Charter
change presented in Ordinance No. 64-01
Section 3.
12, 2002.
That the City Commission hereby sets the date of the election to be held on March
Section 4. That the City Commission hereby authorizes the City Clerk to provide all notices and
to take all steps necessary to hold the referendum as hereby provided.
Section 5. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this
day of ,2002.
ATTEST:
City Clerk
MAYOR
Quesuon 3
Rev. 11/30/01
NOTICE OF SPECIAL ELECTION
The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes
§100.342, that a Special Election shall be held on March 12, 2002 on the Charter proposed by
Ordinance No. 64-01 to wit:
CHARTER REVISION PERMITTING TERM LIMITED ELECTED
OFFICIALS TO SERVE OUT THEIR ELECTED TERM EFFECTIVE 2003.
CITY OF DELRAY BEACH CHARTER AMENDMENT PERMITTING
ELECTED OFFICIALS TO SERVE OUT THE ENTIRE TERM TO WHICH
THEY WERE ELECTED IF A TERM LIMIT IS REACHED DURING AN
ELECTED TERM EFFECTIVE 2003 AND THEREAFTER.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENT BE
ADOPTED?
YES (for approval)
NO (against approval)
CITY OF DELRAY BEACH, FLORIDA
PUBLISH: The News
Barbara Garito
City Clerk
[This publication shall be made at least twice, once in the fifth week and once in the third week
prior to the week in which the referendum is to be held, at least 30 days prior to the referendum
date.]
ORDINANCE NO. 65-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34,
"ELECTIONS", HEADING, "GENERAL PROVISIONS" BY
AMENDING SECTION 34.02, "CITY COMMISSION TO PROVIDE
FOR ELECTIONS: APPOINTMENT OF INSPECTORS AND
CLERKS"; AMENDING HEADING "QUALIFICATIONS FOR
CANDIDACY", BY AMENDING SECTION 34.15, "QUALIFYING AS
CANDIDATE"; SECTION 34.16, "FILING OF NOMINATING
PETITION", AND SECTION 34.17, "PROCEDURE AFTER FILING",
TO PROVIDE FOR QUALIFYING FOR MAYOR IN THE EVENT A
SPECIAL ELECTION IS HELD TO FILL A VACANCY IN THE
OFFICE OF MAYOR, TO REORGANIZE AND CORRECT
GRAMMATICAL ERRORS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That Chapter 34, "Elections" of the Code of Ordinances is hereby amended by amending
Section 34.02, "City Commission to Provide for Elections: Appointment of Inspectors and Clerks", Section
34.15, "Qualifying as Candidate", Section 34.16, "Filing Nominating Petition" and Section 34.17,
"Procedure After Filing" to read as follows:
Section 34.02 CITY COMMISSION TO PROVIDE FOR ELECTIONS: APPOINTMENT OF
INSPECTORS AND CLERKS.
The City Commission shall make all necessary arrangements for holding all municipal
elections, and shall declare the results thereof. Inspectors and clerks of elections shall be appointed
by the City Commission, but if the City Commission shall fail to appoint them at least two (2) days
before the date of any election, the Mayor may appoint them. In the event that both of these p/aris
methods fail to secure inspectors and clerks for any election, the City Clerk shall make the
appointments on the days of the election.
Section 34.15 QUALIFYING AS CANDIDATE.
Any elector of the City who meets the qualifications set forth in Section 34.16 of this
b h pte y b mi ted for lectio _.u .........:~ u~.~: ......;'~'~' fo one-of
su c a r, ma eno na e n,.~r ......... ^ ....... , r
the fc,,~
Commissioner or Mayor.
Section 34.16 FILING OF NOMINATING PETITION.
(A) To qualify as a candidate for election, the candidate must file the documents set forth
in Subsection A(1) and A(2). The documents shall be filed with the City Clerk no earlier than noon
on the last Tuesday in January nor later than noon on the second Tuesday in February of the
calendar year in which the election is to be held~ or to qualify as a candidate in a special recall
election called for the purpose of filling a vacancy pursuant to F.S. Section 100.361, the candidate
must file with the City Clerk, no earlier than 8:00 a.m. two days after the Circuit Court Judge,
pursuant to F.S. Section 100.361(2), has set the date for the special recall election and no later than
5:00 p.m. on the eighth day after the judge has set the date for the special recall election, or to
qualify as a candidate for Mayor if a special election is called to fill a vacancy in the office of
Mayor, the candidate must file with the City Clerk no earlier than noon on the first Tuesday in Ap:
nor later than noon on the third Tuesday in April provided, however, all those who qualifiea
previously for Mayor for the previous regular election will be deemed to have qualified as a
candidate for the special election without additional petitions being filed or additional monies being
paid. The following documents must be filed:
^' (1)
A statement in writing under oath stating that the nominee is:
(a) Qualified as an elector in the city and has been one sine on or before
September 1 preceding the election for which he or she is qualifying.
(b) A candidate for the office for which he is qualifying.
~ (-4--) (2) A petition signed by the electors 'of the city not less in number than one
percent (1%) of the registered voters of the city as determined on January 1 of the year of the-
2 ORD. NO. 65-01
election, and payment of $25 to cover the cost of validating the signatures on the petition.
~,., a The petitions ..... :,~,~ u., ,~;.,:,:^~ tm~ ~ ~r ,~: .... ':~ shall be on a
fo~ prescribed by the City Clerk which shall not be released nor distributed by the City Clerk until
8:00 a.m. on the first December I a~ E:~ a.m. day in the month of December preceding the month
of qualification, or in the event of a special election to fill a vac~cy in the office of Mayor, the
petition shall be released and distributed by the City Clerk no earlier than the second Tuesday in
March proceeding the special election, or in the case of a special recall election at 8:00 a.m. on the
day a~er the Circuit Co~ Judge, p~su~t to F.S. Section 100.361(2), has set the date for the
special recall election unless that Eate falls on a weekend or holiday, in which case a petition may be
obtained on the next regular working day.
(2)v-J~'x Signatures may be obtained on the petition between the time the City Clerk
is authorized to release and distribute the petition and the deadline for qualification. The signatures
to a nominating petition need not all be affixed to one paper, but to each separate paper of a petition
there shall be attached an affidavit executed by its circulator stating the number of signers of the
paper, that each signature on it was affixed in his presence, and that he believes each signature to be
the genuine signature of the person whose name it purports to be. The signatures shall be executed
in ink or indelible pencil. Each signer shall indicate next to his signature the date of his signing, the
place of his residence, and his precinct number.
(C) The names of all candidates and the office for which they have filed shall be received
.by the Supervisor of Elections from the City Clerk hv 5:00 p.m. on the first Friday aRer the close of
qualifying, or in the event of a special election to fill a vacancy in the office of Mayor or in the case
of a special recall election by 5:00 p.m. on the day following the close of qualifying except that if
said day falls on a Saturday, Sunday or holiday, the City Clerk shall transmit the names of all
candidates and the office for which they have filed on the next working day.
Section 34.17 PROCEDURE AFTER FILING.
Within five (5) days~ or in the case of a s. pecial election to fill a vacancy in the office of
Mayor or in the case of a special recall election~ the following day after the City Clerk receives
ratification from the Supervisor of Elections, the City Clerk shall notify the candidate and the
person who filed the petition whether or not it satisfies the requirements prescribed by this
subchapter. If a petition is found insufficient, the City Clerk shall return it immediately to the
person who filed it, with a statement certifying wherein it is insufficient. Within the regular time
3 ORD. NO. 65-01
for filing petitions~ a new petition may be filed for the same candidate together with the payment of
another $25. The City Clerk shall keep on file all petitions found sufficient at least until the
expiration of the term for which the candidates are nominated in those petitions.
Section 2. That should any section or provision of this ordinance or any portion thereof; any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. This ordinance will be effective only if Ordinance no 63-01 is passed at the referendum
to be held March 12, 2002. If Ordinance No. 63-01 is approved by the voters, this ordinance shall be
effective immediately on the approval of Ordinance No. 63-01. If Ordinance No. 63-01 is not approved at
the referendum, this Ordinance No. 65-01 will be null and void with no force and effect.
PASSED AND ADOPTED in regular session on second and final reading on this the ~
,200
day of
ATTEST
MAYOR
City Clerk
First Reading.
Second Reading.
4 ORD. NO. 65-01