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Agenda Reg 02-04-03City of Delray Beach Regular Commission Meeting Tuesday, February 4, 2003 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 N~ 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULF.,S FOR PUBLIC PARTICIPATION 1. PUBLIC COMMRNT: 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. C. 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 services to afford an individual with a disability an opportunity to participate in and enloy the benefits of a service, program, or acnvity conducted by the City. Contact Doug Randolph at 243- 7127 (voice), 24 hours prior to the event xn order for the Cxty to accommodate your request. Adaptive listening devices are available for meetings in the Commissxon Chambers. 2. 3. 4. 5. 0 INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · January 21, 2003 - Regad~r Meeting PROCLAMATIONS: Ao Recognizing and commending Steve Zicld - Ocean Rescue Division - Parks and Recreation Depaximent Employee of the Year for 2002, and Johnny Haynes - Parks Maintenance Division and Alberta Gaum-Rickard - Administration/Recreation Division as Parks and Recreation Top Employees of the Year 2002 Recognizing and commending the Delray Beach Youth Vocational Charter School Students PRESENTATIONS: Ao School Readiness Coalition, Inc. - Commissioner William Moss Community Neighborhood Helping, Inc. - Edith Thompson Kokomo Keys Homeowners' Association - Bonnie Kuljian CONSENT AGENDA: City Manager Recommends Approval. RATIFIC,~TION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of January 16, 2003. B0 SOUTH ~;ENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FUNDING/RECLAIMED WATER SYSTEM EXPANSION: Authorize funding in the amount of $44,000.00 to South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) for funding of a consulting contract with Hazen Sawyer for design and construction services for the first phase of the Reclaimed Water System Expansion project. Funding is available from 441-5181-536-63.95 (Water/Sewer). ACCEPTANCE OF RIGHT-OF-WAY DEED/DYNALIFE OFFICES: Approve and accept a right-of-way deed associated with Dynalife Offices, located on the east side of N.E. 1st Avenue between N.E. lst Street and N.E. 2"d Street, within the Old School Square Historic Arts District (OSSHAD). 02-04-2003 D0 CHANGE ORDER NO, 2/FINAL PAYMENT/MEGAN SOUTH, INC; Approve Change Order No. 2 in the amount of $64,000.00, and final payment in the amount of $152,309.10 to Megan South, Inc. for the West Atlantic Avenue Beautification Proiect. Funding is available from 334-3162-541-65.49 (General Construction Fund/West Atlantic Avenue Beautification). Bo FINAL PAYMENT/RPM GENERAL CONTRACTORS, IN(;.; Approve final payment in the amount of $5,394.33 to RPM General Contractors, Inc. for the completion of the ESD/Police Department Interior Modifications Project. Funding is available from 441-5123-536-34.90 (Water/Sewer Fund/Other Contractual Services). INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SCHOOL BOARD AND CITY OF DELRAY BEACH: Approve an Interlocal Agreement between the Palm Beach County School Board and the City of Dekay Beach for the use and maintenance of recreation fields adjacent to N.E. 3rd Avenue behind Plumosa Elementary School. CONSENT TO ASSIGNMENT/JAMES CRYSTAL DELRAY BEACH, INC.: Approve Consent to Assignment with James Crystal Delray Beach, Inc. which will acquire Quality Broadcasting Corporation lease for telecommunications/radio transmitting tower purposes for the City of Delray Beach. H0 REVIEW OF APPE~,I.ABLE LAND DEVELOPMENT BOARD. ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 21, 2003 through January 31, 2003. I. AWARD OF BIDS AND CONTRACTS: Contract award to National Waterworks (US Filter Distribution) in the amount of $28,053.46 for materials for the NW 10~ Avenue Water Main Improvements Project. Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal & Replacement/Water Ma/n0. Bid award to Sports Turf One, Inc. in the amount of $21,731.00 for the landscape maintenance of two (2) baseball fields at Pompey Park. Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). Contract award to RPM General Contractors, Inc. in the amount of $163,561.20 for the Community Teen Center Skate Park Project. Funding is available from 117-6111-572-63.40 (Recreational Improvements). REGULAR AGENDA: A0 DHARMA HOLDINGS, LTD.: Consider a request from Dharma Holdings, Ltd. to utilize their temporary parking lot located on Block 86 for special event parking for City approved and private sector events. -3- 02-04-2003 10. B0 EMINENT DOMAIN/BLOCK 77: Consider authorizing the making of an offer in eminent domain proceedings in the mount of $80,000.00 and a "quick take" of property in regards to the North 16' of Lots 7 and 13 of Block 77. C° SOUTH FLORIDA BLAI~K PAGES: Consider approval of a request to purchase an ad from South Florida Black Pages promoting black owned businesses in Palm Beach County. PUBLIC HEARINGS: ORDINANCE NO. 1-03: An ordinance amending Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances by amending Section 35.056 "Designation of Personnel as Critical to Security" to provide for fingerprinting and background checks for private contractors, vendors, repair, and delivery personnel with access to publicly operated facilities within municipalities designated as critical to security. Bo ORDINANCE NO..2.-03: An ordinance amending Chapter 34, "Elections", of the City Code of Ordinances by amending Section 34.03, "Notice of Elections", to provide for publishing of notices in accordance with the law. ORDINANCE NO. 4%02 ,(FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2003-01); Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2003-01 and associated Future Land Use Map (FLU1V0 amendment, and authorize transmittal to the State Department of Community Affairs. Amendment 2003-01 includes: · Modification of the definitions' section of the Public Schools Facilities Element, by adding numerous new definitions. · Modification of Policy B-2.1 of the Furore Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. · Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of the automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CBD (Central Business District). · Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the Beach Renourishment Project. · Modification of the Introduction and Summary of Major Features (Planning Area subsection), Objective B-3 and Policies B-3.1 and B-3.2 of the Future Land Use Element, all regarding the provision of services to land within the planning area. 1. Privately initiated Future Land Use Map amendment from LD (Low Density Residential, 0-5 du/ac) to CC (Commercial Core) for a 0.025 acre parcel of land located on the north side of S.E. 4~ Street, approximately 127 feet east of S.E. 64 Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. -4- 02-04-2003 11. 12. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. City Manager's response to prior public comments and inquiries. From the Public. FIRST READINGS: ORDINANCE NO, 3-03: An ordinance amending Chapter 101, "Parks, Beaches, and Recreation", of the City Code of Ordinances by amending Section 101.24, "Traffic Regulations", to prohibit the use, operation, and propelling of parasails, parachutes, and hang gliders on the City's municipal beach. If passed, a public hearing will be scheduled for February 18, 2003. B0 ORDINANCE NO. 4-03: An ordinance amending Chapter 91, "Animals", of the City Code of Ordinances by amending Sections 91.20, "Running At Large" and 91.28, "Impoundment;Disposition", to amend the definition of "At Large" and provide consistency for grounds of impoundment. If passed, a public heating will be scheduled for February 18, 2003. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission PO8TED: JANUARY 3'1, 2003 -5- 02-04-2003 JANUARY 21~ 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 21, 2003. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Vice Mayor Jeff Perlman Absent - Mayor David W. Schmidt Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Barbara Garito, City Clerk 2..~., South. The opening prayer was delivered by Reverend Richard Evans with Abbey Delray The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mrs. Archer moved to approve the Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of January 7, 2003, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Vice Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. Mrs. Archer moved to approve the Special Impasse Hearing of January 8, 2003, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Vice Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of January 14, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Vice Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. PROCLAMATIONS: None. Due to the order of the presentations being changed the Commission moved to Item 7.B., 150th Homebuyer/Community Development Renaissance Program. PRESENTATIONS: 7oB. 150th Homebuyer/Community Development Renaissance Program Lula Butler, Director of Community Improvement, stated Mr. Levinson suggested that the City celebrate the successes for the first time homebuyers program. Ms. Butler introduced the 150th homebuyer recipients Mr. & Mrs. Angel Reyes. Ms. Butler stated the Renaissance Program has been in place for approximately eight years and noted that this evening she is proud of the fact that staff is presenting a subsidy award to the 150th homeowner with the understanding that this is not inclusive of all the homeownerships that have been done in Delray because the City has a separate agreement with Habitat for Humanity who have another twenty- five houses in addition to what is being discussed this evening. Ms. Butler stated she is very proud of the fact that in Delray Beach they are leading the way throughout the County on how to provide affordable housing efficiently and commented that this could not be done without the non-profit partners. Mrs. Reyes came forward and thanked the City of Delray Beach for helping her to purchase her first home. Bill Sanders, Community Development Corporation (non-profit partner), stated the program provides affordable financing that allows first time homebuyers to purchase a home. Mr. Sanders stated he is very proud of this program and thanked the Commission. Carmelita Smith with Community Development Corporation came forward and thanked the Commission. 7.9. Urban Designer {WPB) - Joe Minicoz The City Manager stated that Mr. Minicoz made his presentation to the City Manager's luncheon a few months ago and commented that West Palm Beach is a little further along in the urban design process than we are. The City Manager continued to state that he feels it is interesting in some of the things that they are trying to accomplish by the design regulations they have put in place. Furthermore, the City Manager stated since we are working on urban design regulations he thought it would be excellent for the Commission to see some of the things that are being done and the results they are getting. -2- 01/21/03 Joe Minicoz, Urban Designer for the City of West Palm Beach, briefly explained how City Place started and showed examples of other options of how retail and residential living work well together in downtown areas. Mr. Minicoz stated he has spent a lot of time trying to work with the community to build better places for people. The Hamlet Homeowners' Association - Shelly Weil. Shelly Weil 925 Greensward Lane, Delray Beach (The Hamlet), briefly explained that the Hamlet started approximately twenty-four years ago and is the closest enclosed community to the downtown area. Mr. Weil stated the Hamlet is located on Atlantic Avenue between Congress Avenue and Military Trail and there are 136 acres with beautiful lakes. Mr. Weil stated this was a nature preserve before becoming this community which initially was going to be a golf community with small villas. Some people were able to convince the people who were putting up the golf course to put up some condos and then some houses were built. Mr. Weil stated that currently there are 310 homes, 137 condos making up 444 families small and intimate enough where everyone knows each other. Mr. Weil stated that there are approximately sixty new members in their thirty, forties, and fifties and announced that the first baby was born in the Hamlet. Mr. Weil stated they hold a charity day which is coming up next month and they raised approximately $60,000-80,000 and noted that they are very generous with giving back to the community. Mr. Weil distributed a copy of The Hamlet Herald to the Commission explaining what goes on in the Hamlet and thanked the Commission for everything that has been done for the Hamlet community. The following presentations will be rescheduled for the next regular meeting: A School Readiness Coalition~ Inc. - Commissioner William Moss, 7oCo Community. Neighborhood Helping, Inc. - Edith Thompson. PUBLIC HEARINGS: None. At this point, the time being 7:00 p.m. the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public because there are no public hearings this evening. ll.B. From the Public. ll.B.1. Jay Slavin, 2601 N.W. 10th Street (Rainberry Bay)~ Delray Beach, stated she has been to City Place a number of times and feels it is gorgeous but expressed concern that during thc height of season the retail stores are empty. Secondly, Ms. Slavin commented about the Lake Ida Road widening and stated the last lanes are going to be installed and she is hopeful that within the next week or so Lake Ida Road will be completed. Furthermore, Ms. Slavin stated she is receiving complaints every day -3- 01/21/03 because of the poor street lighting. Ms. Slavin stated she has written a letter to the City Manager regarding this matter. Vice Mayor Perlman stated he did speak to the City Manager today and they acknowledge that there is a need for better lighting in this area. The City Manager stated staff is actively working with FPL to get this issue addressed and he expects it could be several months before lights are installed. 11.B.2. Alice Finst~ 707 Place Tavant~ Delray Beach~ stated the Tree City presentation was very good. In addition, Mrs. Finst stated that in her community and in other parts of the community houses that were built prior to 1991 have no restriction as to what can be done with trees on your property. Mrs. Finst stated there appears to be no restricting on "hat racking" trees and feels that we need to protect the trees. Speaking for the Homeowners' League of Chatelaine, Mrs. Finst stated they had a lovely neighborhood party on Saturday and she thanked Lula Butler, Director of Community Improvement, and staff Winston Hudson, Neighborhood Program Specialist, Tom Meeteer, Code Enforcement Supervisor, and the rest of the parties who were very helpful in getting the party off the ground. Mrs. Finst continued to state that the Fire truck came by and commented that the children were very delighted and she thanked staff for their time and effort. Mrs. Finst stated she was pleased to see the Police today on Lake Ida Road who were stopping individuals for speeding. Mrs. Finst thanked staff for having the speaker installed in the lounge section of the Commission Chambers and stated it works very well. Mrs. Finst extended thanks to the Commission for all the nice things that have been done for her neighborhood in the past month. ll.B.3. John Bennett~ speaking as President of Progressive Residents of Delrav (PROD), stated PROD surveyed almost all the other municipalities in the County with regard to public participation and stated just about all the municipalities have more liberal rules for public participation than Delray Beach. Mr. Bennett stated PROD urges the Commission to provide an additional opportunity for public comment under the Consent Agenda in addition to considering the following: (1) to allow people the opportunity to speak on the Consent Agenda (2) extend the public input opportunities, (3) extend the standard time limits for quasi-judicial proceedings to all opportunities for the public to speak and (4) clarify the public stability to provide public input for items discussed at Workshop Meetings. At this point, the Commission moved to Item ll.A. City Manager's response to prior public comments and inquiries. II.A. City Manager's response to prior public comments and inquiries. In response to a prior concern, the City Manager stated Mr. Smith asked about adding some members to the Pedestrian Bicycle Task Team because he specifically wanted a -4- 01/21/03 Police Department member on the Team. The City Manager stated Officer James Finley has been assigned to attend the Pedestrian Bicycle Task Team meetings and provide input from the Police Department. The City Manager stated he does not feel it would be appropriate to have too many staff members on the Team itself. Furthermore, the City Manager stated Officer Finley is going to be responsible for a grant that the City has recently received for educating the public about highway safety. At this point, the Commission moved to the Consent Agenda. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 4-03: Approve Resolution No. 4-03 assessing costs for action necessary to remove junked and/or abandoned vehicles from seven (7) properties within the City. The caption of Resolution No. 4-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (The official copy of Resolution No. 4-03 is on file in the City Clerk's office.) 8.B. RESOLUTION NO. 5-03: Approve Resolution No. 5-03 assessing costs for action necessary to abate nuisances on eighteen (18) properties throughout the City. The caption of Resolution No. 5-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF -5- 01/21/03 NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 5-03 is on file in the City Clerk's office.) GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve and accept the Delray Beach Speed Enforcement Program grant award through the Florida Department of Transportation (FDOT) in the amount of $39,308.00 for the purchase of one vehicle and related speed enforcement equipment for the Police Department's education and enforcement initiatives. 8.D. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve and accept the Florida Department of Transportation (FDOT) grant award in the amount of $104,057.00 providing funding for a DUI specialist position and vehicle/equipment for the Delray Beach Police Department's DUI program. 8.E. REVISED LEASE AGREEMENT/BUCKY DENT: Approve a revised lease agreement between the City of Delray Beach and Bucky Dent Baseball School for a ten (10) year term with three (3) five year renewals for thc use of Miller Field Complex. ACCEPTANCE OF GRANT/FLORIDA EMERGENCY MANAGEMENT ACT: Approve the acceptance of a Florida Emergency Management Act grant in the amount of $104,525.00 with a local cash match of thirty (30) percent and a purchase award to Zoll Medical Corporation for ten (10) M Series Med-Pro Plus monitor/defibrillators in the amount of $200,746.83. Funding is available from 334-6112-519-64.90 (General Construction Fund/Other Machinery/Equipment). SERVICE AUTHORIZATION NO. 12/ROBERT G. CURRIE PARTNERSHIP~ INC.: Approve Service Authorization No. 12 to Robert G. Currie Partnership, Inc. in the amount of $28,000.00 for the design of Maintenance Bays for servicing Fire Department vehicles. Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings). 8.H. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $22,500.00 for 207 S.W. 9th Court. This brings the number to 150 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). 8.!. SPECIAL EVENT REQUEST/HOWARD ALAN 6th ANNUAL WINTER STREET CRAFT FESTIVAL: Approve a special event request to allow the 6th Annual Delray Beach Winter Street Craft Festival sponsored by Howard Alan Events, Ltd. to be held on February 22-23, 2003 from 10:00 a.m.-5:00 p.m., including a temporary use permit for street closures of NE/SE 4th Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor parking and staff support for security, with the event -6- 01/21/03 sponsor paying all overtime costs; contingent upon the receipt of a hold harmless agreement and certificate of insurance. 8.J. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Approve a special event request to allow the 35th Annual St. Patrick's Day Parade to be held on Saturday, March 15, 2003 beginning at 2:00 p.m., including temporary use permits per LDR Section 2.3.6(H) for street closures of Atlantic Avenue from Venetian Drive to the County Courthouse for thc parade and Venetian Drive and Gleason Street for staging of parade entries from 12:30 p.m. to approximately 3:30 p.m., staff support for traffic control and security, barricading, trash removal, and assistance in obtaining the FDOT permit with event sponsor paying all overtime costs; contingent upon specified conditions contained in 1/20/00 memo being met, the receipt of a hold harmless agreement and certificate of liability insurance. 8.K. SPECIAL EVENT REQUEST/EAST END VOLLEYBALL TOURNAMENT: Approve a request from East End Volleyball for the East End Volleyball Tournament to be held at the municipal beach on March 22 and 23, 2003. 8.L. SPECIAL EVENT REQUEST/PRO-MOTIONS VOLLEYBALL TOURNAMENT: Approve a request from Pro-Motions Sports Marketing for the Pro-Motions Volleyball Tournament to be held at the municipal beach on May 3 and 4, 2003. AMENDMENT TO DELRAY BEACH GOLF COURSE/TENNIS CENTER MANAGEMENT AGREEMENTS: Approve the amendment to the performance bonus sections of the Delray Beach Golf Course and Tennis Center Management agreements between the City and Dubin and Associates, Inc. to comply with certain tax rules. g.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 6, 2003 through January 17, 2003. AWARD OF BIDS AND CONTRACTS: Various bid awards in the amount of $310,728.00 via the Florida Sheriffs' Association and State of Florida Contracts for the replacement of City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fnncl/Automotive). Bid award to Eagle Painting of Pompano, Florida in the amount of $29,350.00 for the painting of the Crest Theatre, Gymnasium, and Museum Building at Old School Square including alternatives one (1) and two (2). Funding is available from 334-6111-519-65.55 (General Construction Fund). -7- 01/21/03 8.P. JOINT PARTICIPATION AGREEMENT/PALM BEACH COUNTY: Approve a joint participation agreement in the amount of $204,230.41 between the City and Palm Beach County for utility upgrades and relocation for the Linton Boulevard Widening Project. Funding is available from 442-5178-536-65.13 (Water Main Relocation/Linton Boulevard). Ms. McCarthy moved to approve the Consent Agenda, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Vice Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to the Regular Agenda. REGULAR AGENDA: 9.A. REVISED MATCH POINT AGREEMENT: Consider approval of the revised agreement with Match Point, Inc. providing for monthly marketing meetings between the City and Match Point, Inc. and other modifications. Vice Mayor Perlman noted the item mentioned by Mr. Levinson with regard to the exit clause had been revised. Mr. Levinson moved to approve the revised Match Point Inc. Agreement, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Vice Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.B. EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL/ MIL-ATLANTIC: Consider an extension request for a conditional use to allow the establishment of an Assisted Living Facility (ALF), Independent Living Facility (ILF), and Adult Day Care known as Mil-Atlantic, which is located on the west side of Military Trail, approximately 650' south of West Atlantic Avenue. (Quasi-Judicial Hearing) Vice Mayor Perlman read a summary of the procedure for a quasi-judicial hearing is conducted. The City Clerk swore in those individuals who wished to give testimony on this item. Vice Mayor Perlman stated at this time the Commission should disclose any ex parte contacts they may have. No exparte contacts were disclosed. Paul Dorling entered the Planning and Zoning Department project file #2001-167 into the record. Mr. Dorling stated this is the approval of an extension request of a previously approved conditional use request to allow the establishment of an Assisted Living Facility (ALF), Independent Living Facility (ILF) and Adult Day Care project known as Mil-Atlantic. -8- 01/21/03 The proposal was originally approved on July 10, 2001, with an approval period of eighteen (18) months. Mr. Dorling stated the applicant has been processing the necessary plat and site plan modifications and his plans and specs for the south part have been completed and submitted for a building permit. Mr. Dorling stated the reason for the request for the extension is because he is seeking some real estate financing which is the only outstanding item that he is aware of. The applicant is requesting an additional eighteen (18) months to expire on July 10, 2004, be granted by the Commission. Phillip Pearlman stated this is simply a matter of financing to get the fight lenders in place and he is anxious to get started to bring employment, taxes, and much needed housing to the community. Vice Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding the extension request for the conditional use, the public hearing was closed. Mr. Levinson moved to approve the extension request for the conditional use for an additional 18 months to expire on July 10, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Vice Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.C. SPECIAL EVENT REQUEST/RHYTHM & BLUES ON THE AVENUE: Consider a request for special event approval to allow thc Rhythm & Blues on the Avenue sponsored by the Community Redevelopment Agency (CRA), Downtown Development Authority (DDA), Delray Merchant's Association (DMA), and the West Atlantic Redevelopment Coalition (WARC) to be held on February 15, March 22, and April 12, 2003 from 2:00 p.m. until 9:00 p.m.; granting staff support for security, barricading, stage set up/removal, event signage, and a waiver of any overtime costs; contingent upon the receipt of a hold harmless agreement and certificate of liability insurance. Robert Barcinski, Assistant City Manager, stated this is a request that the Commission endorse a new event titled, Rhythm and Blues on the Avenue proposed to be scheduled for February 15, March 22, and April 12 from 2:00 p.m. until 9:00 p.m. at various business locations on Atlantic Avenue. Staff assistance is being requested for security, barricading, small stage set up and take down, and event signage. Mr. Barcinski stated the request includes a waiver of overtime costs. Mr. Barcinski stated these events are being sponsored by area merchants, the DDA, the CRA, and WARC and noted he has been informed that funding is committed from these organizations. Furthermore, Mr. Barcinski stated these events are family oriented events without alcoholic beverages being sold and will not involve street closures. Fire EMS services are not needed, and the Police Department has indicated they can man the events with on-duty personnel from the West Atlantic Avenue Task Force. The estimated overtime costs for each event date are approximately $245. However, if the stage and barricading can be done on regular time, then there would be no overtime costs. Mrs. Archer asked whether MAD DADS has agreed to provide the security and expressed concern that because there will be limited police participation in this, she feels that the -9- City should have acceptance from MAD DADS for these dates in order to be able to give the final approval. In response, Rosalind Murray stated that they have made an informal request but will make a more formal request. Ms. McCarthy moved to approve the special event request to allow the Rhythm & Blues on the Avenue, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Vice Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.D. SUNTRUST LEASING CORPORATION/GOLF CARTS: Consider approval of a lease purchase agreement between the City of Delray Beach and SunTrust Leasing Corporation in the principal amount of $124,700.00 at 4.2% for a four (4) year term plus out of pocket fees of $200.00 for eighty (80) Club Car golf carts and three (3) Club Car utility carts. Funding is available from 445-7111-582-71.50 and 445-7111-582-72.50 (Delray Beach Municipal Golf Course Fund/Lease Purchase Principal/Interest). Joseph Safford, Finance Director, stated staff received bids on November 6, 2002 for lease purchase financing of eighty Club Car golf carts as well as three utility carts totaling $124,700. Staff recommends that the bid award be awarded to SunTrust Leasing Corporation, the low bidder, as a provider of a lease purchase financing at a non-bank qualified rate of 4.2% for a four year term plus out of pocket fees of $200. Mr. Safford explained that the actual cost is going to be $134,993.25 due to the fact that the lease agreement term was shortened so that when it expires it will expire prior to the start of the golf season. Mrs. Archer moved to approve the lease purchase agreement between the City of Delray Beach and SunTrust Leasing Corporation, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes. Said motion passed with a 4 to 0 vote. 9og. CONTRACT AWARD/SHANNON CHEMICAL CORPORATION: Consider approval of a contract award to second lowest bidder, Shannon Chemical Corporation, for the purchase of Polyphosphate for the Water Treatment Plant at an estimated annual cost of $39,228.00. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). The City Manager stated staff recommends that the bid award go to the second Iow bidder because the low bidder did not provide the certified analysis of their product that is required by the bid specifications. Mr. Levinson moved to approve the contract award to Shannon Chemical Corporation (second lowest bidder), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Vice Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.F. ACCEPTANCE OF COUNTY PARCELS: Consider approval and acceptance of six (6) vacant surplus parcels of land from Palm Beach County at no charge to the City acquired by Palm Beach County through tax deed. -10- 01/21/03 Robert Barcinski, Assistant City Manager, stated this is a request that the Commission consider accepting six vacant surplus parcels from Palm Beach County at no charge to the City that the County acquired through the tax deed process. Mr. Barcinski stated staff has reviewed this and finds use for all of these parcels and noted that some will be used for infill housing and for drainage retention. One parcel which is a small triangle piece adjacent to property owned by the Delray Harbor Club and the City may be able to trade this piece with the Delray Harbor Club to enhance our access to the MSA property. Mr. Levinson stated he received a telephone call from former Commissioner Bill Schwartz who indicated that he is involved with an organization called Jewish Association of Retarded Citizens (JARC) and noted that they are looking actively for sites and they can provide the funding needed to build the facilities. Mr. Levinson suggested that as these kinds of things come up he would like to see the City communicate with JARC to identify what the requirements are and feels it would be great to provide it to an organization such as this. Vice Mayor Perlman stated he is familiar with JARC and has toured some of their homes in Boca Raton and noted that they do a fabulous job. Vice Mayor Perlman asked the City Manager if he anticipates it coming back to the City for how the parcels are going to be used. In response, the City Manager stated if the City proposes to dispose of any of the parcels then it would come back to the Commission. Ms. McCarthy stated that if the City does acquire the parcels and wants to build housing on it she suggested that the City first offer it to non-profit organizations. The City Manager explained that usually the parcels that are suitable for housing have either been given to Habitat for Humanity to build on or have put them in the Delray Beach Renaissance Program. Mr. Levinson moved to approve and accept six (6) vacant surplus parcels of land from Palm Beach County, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Vice Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.G. EXTENSION OF PAYMENT/FLORIDA TELEPORT: Consider approval of a payment extension request from Florida Teleport until August 1, 2003 due to Department of Environmental Protection (DEP) permitting issues. The City Manager stated staff recommends that the Commission grant the extension request due to some difficulties involved with the permitting process. Mr. Levinson stated he is assuming this extension is only for the first payment and subsequent payments will be paid in a timely fashion. The City Manager responded that subsequent payments will be timely. Mrs. Archer moved to approve the payment extension request from Florida Teleport until August 1, 2003, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Vice Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. -11- At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 1-03: An ordinance amending Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances by amending Section 35.056 "Designation of Personnel as Critical to Security" to provide for fingerprinting and background checks for private contractors, vendors, repair, and delivery personnel with access to publicly operated facilities within municipalities designated as critical to security. If passed, a public hearing will be held on February 4, 2003. The caption of Ordinance No. 1-03 reads as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY AMENDING SECTION 35.056, "DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR PRIVATE CONTRACTORS, VENDORS, AND REPAIR AND DELIVERY PERSONNEL WHO HAVE ACCESS TO ANY PUBLICLY OPERATED FACILITIES, WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 1-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 2-03: An ordinance amending Chapter 34, "Elections", of the City Code of Ordinances by amending Section 34.03, "Notice of Elections", to provide for publishing of notices in accordance with the law. The caption of Ordinance No. 2-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", HEADING, "GENERAL CONDITIONS", OF THE CODE OF ORDINANCES, BY AMENDING 34.03, "NOTICE OF ELECTIONS", TO PROVIDE FOR PUBLISHING -12- OF NOTICES IN ACCORDANCE WITH LAW, FOR ADDITIONAL NOTICES AND FOR POSTING OF CERTAIN NOTICES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Attorney stated this ordinance is to streamline the municipal election advertising requirement to make it more in compliance with what the Florida Statutes requires and to shorten some of the public notices that now have to be produced in two languages. Prior to the vote, Mrs. Archer asked if there is any movement to also advertise in Creole as well or is it not necessary. In response, the City Manager stated it is not required that the election notices be advertised in Creole. Mrs. Archer suggested that in the future the City may want to consider advertising the election notices in Creole since Delray Beach has such a large Haitian population. Vice Mayor Perlman concurred with Mrs. Archer. The City Manager stated the Federal Voting Rights Act requires the City to publish in Spanish based on the number of Hispanics in the County and noted that the City of Delray Beach has far fewer Hispanics and a far greater number of Creole speaking people. The City Manager stated if the City is required to publish in another language the City should be publishing in Creole and not Spanish. The City Manager continued to state that the Federal Voting Rights Act needs to be changed to do it by municipality for municipal elections. Mr. Levinson moved to approve Ordinance No. 2-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Vice Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, the following individuals came forward to address the Commission: 11.B.4. Dolores Hoffert, previously a resident of Florida up until six months ago and now resides in Michiean~ stated her husband is one of the many people that Linda and James Marks have scammcd out of their life savings. Mrs. Hoffert stated she lost her home in Florida and owes the IRS in addition to becoming very ill from stress. Mrs. Hoffcrt stated this has been going on in Delray Beach for nine years and the Police Department has done nothing to help. Furthermore, Mrs. Hoffcrt stated she feels Detective Maklcr is protecting the psychics. ll.B.5. Karen Whitehead~ 2301 S.E. 4th Street~ #11~ Boynton Beach~ stated in 1993 she began to seek help from Linda Marks as she advertised that she was a psychic healer and astrologer back in 1993. Ms. Whitehead stated that between the years of 1993-2000 she has given Linda Marks a total of $18,000. Ms. Whitehead stated she feels Detective Jack Makler has not helped her at all in the matter. Ms. Whitehead stated this has caused her a lot of anxiety and -13- financial ruin and urged the Commission to address this problem and expedite resolving this matter. ll.B.6. Barry. Silver~ 18624 Cape Sabal Drive, Boca Raton~ submitted information to the City Attorney regarding Detective Jack Makler. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. CiW, Manager. The City Manager reported that the County was working with the League of Cities on an annexation bill to annex some enclaves. However, the City Manager stated although this is dead for this year it will be worked on through the year and hopefully brought back next year. Secondly the City Manager stated Carmine Priore was reappointed to the Traffic Performance Standards Committee and commented that they are continuing to work on that and there is a draft out of test 1. The City Manager stated the League talked about replacing Mayor Schmidt on the Treasure Coast Regional Planning Council as the League's representative. The City Manager stated the County is working on revisions to the exotic plant ordinance and this will be watched closely to see if the City wishes to stay under the County- wide ordinance or opt out. The City Manager suggested that the City may want to consider opting out to some extent because if someone violates the ordinance and has to go through the enforcement process they would have to go up to West Palm Beach and dealing with a County Board rather than our own Code Enforcement Board. Therefore, the City Manager stated the City may need to amend our ordinance or adopt a slightly different one. Lastly, the City Manager reminded everyone the League is meeting at the Marriott tomorrow at 10:30 a.m. and tomorrow afternoon is the Workshop regarding lobbying. 13.B. Ci.ty Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. City, Commission. 13.C.1. Commissioner Archer Mrs. Archer reported that we did submit our request to the County for matching funds for thirty-nine bus shelters and stated she understands that there is only one other city that -14- 01/21/03 submitted a request for two shelters. Mrs. Archer continued to state that the thirty-nine bus shelters will cover the entire City in addition to the CRA area. Secondly, Mrs. Archer reported that the Metropolitan Planning Organization (MPO) is discussing the right-hand truck lanes on 1-95. Mrs. Archer stated that they will conduct a test on 1-95 for a little while and there is also discussion of trying to do this on the turnpike if the test is successful. Lastly, Mrs. Archer commented about the School Board Meeting tomorrow and stated she cannot attend because of a conflict. Mr. Levinson stated he intends to be at the meeting. 13.C.2. Commissioner McCarthy Ms. McCarthy stated she will be teaching a class tomorrow and therefore will not be able to attend the scheduled meetings. Secondly, Ms. McCarthy announced that the 21st Annual Heart Ball event will be held on February 15, 2003 at the Boca Raton Resort and Club. Ms. McCarthy stated that the elected officials fi.om the cities fi.om Deerfield Beach to Lake Worth are asking the Commissioners to work under a "silent auction" with different headings (i.e. photographs, golf needs, cosmetics). Ms. McCarthy explained the Commission will only be there to rally and it will be like a competition from city to city. 13.C.3. Commissioner Levinson Mr. Levinson commented about the Panera Bread Caf6 and stated it is phenomenal. Secondly, Mr. Levinson commented about the suggestion from Joe Weldon, Director of Parks and Recreation regarding the cost the City is currently spending with regard to the Tree City. Mr. Levinson stated the City is currently spending $56, 254 of maintenance in trees. Mr. Levinson suggested that staff review this further as to whether or not that might be a good additional $50,000 or $60,000 expenditure particularly if the City can get some of it back fi.om FPL or others to take over that responsibility. Mr. Levinson stated that the City is apparently doing some level of it now. Mr. Levinson commented about the League of Cities meeting being held tomorrow and feels it is great that they are back in Delray. With regard to the right-lane test, Mr. Levinson stated something needs to be done about the trucks on 1-95 and stated if a truck is in the middle lane and someone is in the left lane and you need to get over it does create a problem. Mr. Levinson continued to state that he would like to support it he is not sure that he knows enough that isn't just going to move the center lane problem over to the right lane. Mr. Levinson suggested that the Commission get some direction fi.om the City Engineer regarding this matter. -15- 01/21/03 Mr. Levinson commented about Martin Luther King Day and stated there was a great crowd. Lastly, Mr. Levinson stated Saturday he spent the morning and afternoon at St. Paul's Episcopal Church and noted that Father Stokes and Father Johnson of St. Matthew's Episcopal Church put their groups together and held an Anti-Racism Workshop and noted it was great. Mr. Levinson stated that approximately 10-12 of the participants were young people from middle schools and/or high schools and stated he talked to Father Stokes about doing more of these kinds of things for some of the kids in order to get some of these issues out on the table and help cultivate them to become the leaders of tomorrow. 13.C.4. Vice Mayor Perlman Vice Mayor Perlman concurred with Mr. Levinson's comments regarding Martin Luther King Day and stated that EPOCH Breakfast was outstanding. Furthermore, Vice Mayor Perlman stated the day was very educational and stated that Mrs. Pompey is a living legend. Secondly, Vice Mayor Perlman stated on Sunday he had the opportunity to go to the Sutton Chapel of God and experienced a multi-denominational Martin Luther King celebration. Vice Mayor Perlman stated he experienced phenomenal fellowship and hopes this will continue into the future. Vice Mayor Perlman commented about Local Advocacy Day tomorrow and also commented about the civil trials. Vice Mayor Peflman stated he feels this is a step in the right direction and noted that this will be a convenience for local residents called to serve for Jury duty in addition to the economic activity. Lastly, Vice Mayor Perlman commented about the state of construction that the city is currently under and stated the City Manager has shared with him that there are certain things that the State should be doing that they are not doing. For example, Vice Mayor stated that they promised to not touch any other roads while Atlantic Avenue is under construction. Vice Mayor Perlman stated he spoke to Marie Horenburger who has a close relationship with Rick Chesser, District Secretary with FDOT. Vice Mayor Perlman stated Ms. Horenburger stated she would place a call to Mr. Chesser with FDOT and suggested that others do the same because this will be an ongoing problem. Vice Mayor Perlman stated he feels if the State could at least adhere to what they had promised and not touch the other roads while Atlantic Avenue is under construction that might help a little bit. There being no further business, Mayor Schmidt declared the meeting adjourned at 7:50 p.m. City Clerk -16- 01/21/03 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 21, 2003 which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -17- 01/21/03 WHEREAS, nearly 100 full-time employees work in the Parks and Recreation Department within the three Divisions of Parks Maintenance, Recreation, and Ocean Rescue; and WHEREAS, the Department has developed performance measures to identify exceptional employees vathin these three Divisions based on their job dunes, responsibihties, and volunteer service in the community; and WHEREAS, Steve Zicld from the Ocean Rescue Divisson, Johnny Haynes from the Parks Maintenance Divmon, and Albe~a Gaum-Rickard from the Administranon/Recreauon Divasion were chosen the TOP EMPLOYEES of thear respective Diwsions; and WHEREAS, Steve Zickl was selected as the recapient of the Parks and Recreation Department EMPLOYEE OF THE YEAR AWARD for 2002. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayox of the City of Delray Beach, Florida, on behalf of the City Conmuss~on, do hexeby recognize and commend STEVE ZICKL PARKS and RECREATION EMPLOYEE OF THE YEAR 2002 for bas dedication and service to the community of Dehay Beach and the Parks and Recreauon Depamnent. In addition, do hereby recognize and commend JOHNNY HA~S and ALBERTA GAUM-RICKARD PARKS and RECREATION TOP EMPLOYEES OF THE YEAR 2002 on a job well done for the Parks and Recreation Department and the City of Dehay Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Honda, to be affixed tim 4* day of February, 2003. DAVID W. SCHMIDT MAYOR Date: January 13, 2003 Request to be placed on: Consent Agenda ~/'hen: January 21, 2003 AGENDA ITEM NUMBER: AGENDA REQUEST x ,Regular Agenda ,,Workshop Agenda Description of Agenda Item (who, what, w~ere, how much): and Mayor's signature on a Proclamation honoring the Parks and ment's Employee of the Year and the two runners-up. Special Agenda Request approval of Recreation Depart- Department Head ~^ ^ /~ Signature: IV''~ City Attorney Revie~/Recomrnendation (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: City Manager Review: Approved for Agenda: ~/No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) Hemorandum To: Parks and Recreation Director -.loe Weldon From: Assistant Parks and Recreation Director - Rich Connell Date: ~.2/~.3/2002 Re: Employee of the Year Award 2002 The awards committee recommends the 2002 Parks and Recreation Department Award recipient be Mr. Steve Zickl from the Ocean Rescue Division. The runner-ups are Alberta Gaum from Administration / Recreation Division, and .lohnny Haynes from the Parks Division. ~e Zidd .lehnn¥ Haynes Alberta Gaum 929 points 908 points 800 points All three employees distinguished themselves and are to be commended for their contributions to the Department and the Community at large. Alberta Gaum's handling of the 2002 budget preparation was outstanding. 3ohnny Haynes volunteered :[00 unpaid hours in the Youth Basketball Program not to mention several other activities in the community. Steve Zicld benefited the Department and our City by hosting the 2002 Annual Ocean Mile Swim and the 2002 3unior Ufeguard Regional Competition. These two events combined drew more than 1,000 participants with many from other states. In our discussion during the selection process we found several things needing clarification for next years award. We suggest they be implemented immediately to make the selection easier and more equitable in 2003. :[. The award should be based on performance criteria based on the fiscal year. 2. Total hours worked is more appropriate than days worked due to the fact some employees work a four day week and others a 6 day week. 3. Paid volunteer hours = 1 point per hour worked. 4. Unpaid volunteer hours = 2 points per hour work_ed 5. The Labor Management Committee and Industrial Accident Review Board have been disbanded so should be removed from the Distinguished Performance list Rich Connell Assistant Director of Parks and Recreation Jo Wagenhals Evaluation 3.9 x 100 = 390 Hours worked 1945 or 243.125 days Paid Volunteer- 82 8) USLA recurrent representative 10 points 10) Participated in Clincon EMS Comp at 3 different sites x 25 = 75 USLA SE Regional female high point winner = 25 USLA SE Regional "team spirit" award winner -25 Volunteered for Ocean Awareness, fundraising, facility and equipment cleanup= 25 TOTAL - 2577 (hours) or 875.125 (days) Steve Zicki Evaluation 4.6 x 100 = 460 Hours Worked - 2030 or 203 days Paid Volunteer - 86 6) Instruct CPR classes to P & R staff- 12 hours x 10 = 120 8) Associate member ofFBPCA - 10 10) Organized USLA SE Regional Junior Lifeguard Comp.-.~,fo Organized 01VlS~n~,Delra_y Beach -_.e2ff/ ~u aYP ai:lqile Total - 2781 (hours) or 954 (days) Walter Baum Evaluation 4.1 x 100 = 410 Hours Worked 2038 or 253.75 days Paid Volunteer - 49 Blood Donation - 10 Step up Supervisory Position since March 2002 - 50 Total - 2557 (hours) or 772.75 (days) Heather lrurzan Evaluation 4.3 x 100 = 430 Hours worked 2026 or 202 days Paid Volunteer - 60 Instruct CPR class for P & R staff 6 hours x 10 = 60 Organized Competition team trip to San Diego - 25 National Champion USLA Women's Surf-ski event - 25 National Champion USLA Women's Senior Paddleboard event - 25 Total - 2651 (hours) or 827 (days) £1TY OF ELAI:IY BER£H DELRAY BEACH AII-AmedcaCity 1993 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7~g~, TO:  FROM: DATE: Joe Weldon, Director of Parks and Recreation Tim Simmons, Parks Superintendent October 28, 2002 SUBJECT: Parks Division Employee of the Year Award The following three employees had the most points for the employee of the year award in the Parks Division. Johnny Haynes has the most points for the Parks Division. Johnny Haynes Total Points: 908 4.5% evaluation = 450 Days on the Job = 235 Paint up Delray = 25 1 - Blood Donor = 10 Volunteer Hours = 188 100 hours - Basketball 78 hours - football 4 hours - Kids-n-Trees 3 hours - Delray Rocks 3 hours - Plant @ Currie Vivian Mitchell Total Points: 780 4.8% evaluation Days on the Job Paint up Delray Volunteer Hours 4 hours- 4 hours - 4 hours- 3 hours- = 480 = 260 = 25 = 15 Kids-n-Trees Easter Balloon Race Plant @ Currie TSIsb Margaret Johnson Total Points: 743 4.7% evaluation = 470 Days on the Job = 228 Paint up Delray = 25 1-BloodDonor = 10 Volunteer Hours = 10 4 hours- Kids-n-Trees 3 hours - Plant @ Currie 3 hours- Delray Rocks Prfnted on Recy~ed Paper THE EFFORT ALWAYS MATTERS Ir 4~ C~ WHERF_AS, on November 20, 2002, Marguene St. Juste was attacked by two Rottweiler mix dogs, received injuries to her arms, stomach, and face, and was hospitalized; and WHEREAS, the students of the Delray Beach Vocational Charter School were encouraged by thear instructors to "Do somethinggoodfar the hal. u/ay/' and Jeanude Raymonvik a student, read about the attack; and WHEREa~, Jeanude sh~red the story w~th her fellow classmates and the students desired to show an act of kindness during the hohday season; and ~I~IE~, the students shared theax time, resources, energy, and obtained two bikes, toys, clothing, and other gifts for Marguene and her daughters, ages one and seven years old; and WHEREAS, On December 20, 2002, the students visited Marguene St. Juste' home and presented their gifts, words of encouragement and prayers. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, on behalf of the City Comnmsaon, do hereby proclaim that Jeanude Raymonvil Leiandta Fatrell Yomel Williams Mel Btumaite Dyana Daceus Wiglud Clerisier Maxu Daceus Gregory Leaks Maurice Mervilus Yves Paul Larry Pierre-Val Joseph Raymonvil ate to be commended on the. ix persistence, spirit, and effox~. Their willingness to respond to Marguene's situation exemplifies the highest and best m the human spirit! IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed thxs 4* day of February, 2003. DAVID W. SCHMIDT MAYOR kh) l Read ness PALM BEACH COUNTY RECEIVED ,,u 1 7 2003 C;'f 7 ~,~ANAGER 1919 North Flagler Drive * West Palm Beach, Florida 33407 Phone: (561) 655-1010 * Fax: (561) 835-1956 January 15, 2003 Mr. David Harden, City Manager The City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Upcoming Agenda Item Dear Mr. Harden: The Palm Beach County School Readiness Coalition, Inc. (SRC) would like to thank your City Council for "stepping up" for the children in your city by providing a matching grant for subsidized child care. We would like to thank you for your matching grant with a plaque presentation. Our Chairman, Mr. William Moss, who is also a West Palm Beach City Commissioner, would like to come to one of your council meetings to present the plaque. We ask that you please consider placing Commissioner Moss first on the agenda, as a courtesy. Please contact Pam Gambrell, SRC Executive Assistant, at 655-1010, ext. 2188 or e-mail Pamela@cscpbc.org to confirm scheduling details. Thank you for your assistance. Sincerely, Linda Prutisto Executive Director LP:peg Community Neighborhood Helping, Inc. POBo~2133 David Schmidt, Mayor City of Delray Beach 100 NW 1~t Avenue Delray Beach, FL 33444 Dear Mr. Mayor, I am currently in the processing of gathering support for the rehabilitation of a property on SW13th Avenue. The property will be used as an After School Care and Adult Activities Center for residents of SW 12th and 13th Avenues. The intent of this letter is to ask for a time slot ~n which I can make a presentation to you and the city commissioners on this project. I look forward to headng from you. If you have any questions, you may reach me at 279-9951. Thank you. Kinkiest Regards, Edith Thompson Founder, Community Neighborhood Helping, inc. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~~ AGENDA ITEM # ~°~t ~ - REGULAR MEETING OF FEBRUARY 4, 2005 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION JANUARY 31, 2003 This is before the City Commission to ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on Januaryl6, 2003. By a vote of 7 to 0, the SCR'girI~ Board approved the following: · Authorization to expend $4,000 from repair and replacement funds to inject hydro active seal foam into various leaking tanks. · Authorization to enter into contract with Aarow Building and Maintenance dated March 1, 2003 for the sum of $350.00 per month for janitorial services. · Authorization to expend $4,500 on an emergency basis from repair and replacement funds for repairs done by Chaz Equipment Co., Inc. on the 16" reuse line on Lawrence and Woolbright roads. · Authorization to enter into contract with B.G. Katz Companies Landscape dated March 1, 2003 for the sum of $900.00 per month for lawn services for the length of the contract in the north area and an additional sum of $650.00 per month for the length of the contract in the south area for a total of $1,550.00 per month. Recommend ratification of the actions approved by the SCRWTD Board on January 16, 2003. S'\Ctty Clerk\chevelle folder\agenda memos\ SCRWTD Board Actaon of 01.16 03 doc BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrwwtp@ ix.netcom.com MEMORANDUM TO: FROM: Ms. Chevelle Nubin City Of Delray Beach Mary Ann Shumilla RECEIVED JAN ~',1 2003 CiTY CLERK DATE: January 17, 2003 RE: RATIFICATIONS FOR SIGNATURE Attached are the Ratifications from the Quarterly Annual Meeting of January 16, 2003 which require signatures. Would you place this on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 16, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 16, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $4,000. FROM REPAIR & REPLACEMENT FUNDS TO INJECT HYDRO ACTIVE SEAL FOAM INTO VARIOUS LEAKING TANKS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 16, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 16, 2003, by a vote of 7-0, approve AUTHORIZATION TO ENTER INTO CONTRACT WITH AAROW BUILDING & MAINTENANCE DATED MARCH 1, 2003 FOR THE SUM OF $350.00 DOLLARS PER MONTH FOR JANITORIAL SERVICES. CONTRACT WILL BE IN EFFECT FOR ONE YEAR BUT MAY BE EXTENDED FOR AN ADDITIONAL (2) ONE YEAR TERMS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 16, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 16, 2003, by a vote of 7-0, approve AUTHORIZATION TO EXPEND $4,500. ON AN EMERGENCY BASIS FROM REPAIR & REPLACEMENT FUNDS FOR REPAIRS DONE BY CHAZ EQUIPMENT CO., INC. ON THE 16" REUSE LINE ON LAWRENCE & WOOLBRIGHT RD. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY 16, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 16, 2003, by a vote of 7-0, approve AUTHORIZATION TO ENTER INTO CONTRACT WITH B. G. KATZ COMPANIES LANDSCAPE DATED MARCH 1, 2003 FOR THE SUM OF $900.00 PER MONTH FOR LAWN SERVICES FOR THE LENGTH OF CONTRACT IN THE NORTH AREA AND AN ADDITIONAL SUM OF $650.00 PER MONTH FOR THE LENGTH OF THE CONTRACT IN THE SOUTH AREA FOR A TOTAL OF $1,550.00 PER MONTH. CONTRACT WILL BE IN EFFECT FOR ONE YEAR BUT MAY BE EXTENDED FOR AN ADDITIONAL (2) ONE YEAR TERMS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~'3D. REGULAR MEETING Or FEBRUARY 4, 2003 $¢RWTDB/CONSULTING CONTRACT JANUARY 31, 2003 This is before the City Commission to approve a consulting contract for the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) to Hazen & Sawyer in the amount of $88,000.00 for engineering design, permitting, and construction administration services for the first phase of the Reclaimed Water System Expansion at the Water Treatment Plant. The total amount of the contract is $88,000.00. The City of Boynton Beach and the City of Dekay Beach axe both paying an equal share of $44,000.00. Funding is available from 441-5181-536-63.95 for $44,000.00 (Water/Sewer). Recommend approval of the consulting contract with Hazen & Sawyer for design and construction services for the first phase of the Reclaimed Water System Expansion at the Water Treatment Plant. S:\City Clerk\chevelle folder\agenda memos\SCRWTDB.Hazen & Sawyer. Z4.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www delrayesd, com TO: FROM: David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Director SUBJECT: SCRWTDB CONSULTING CONTRACT FOR HAZEN & SAWYER DATE: January 23, 2003 At their January 16, 2003 quarterly meeting, the South Central Regional Wastewater Treatment & Disposal Board voted unanimously to contract with the consulting firm of Hazen & Sawyer, P.C. for design and construction services for the first phase of expansion of the Reclaimed Water System at the wastewater plant site. This phase of the expansion consists of the construction of a second ground storage tank and associated piping for an estimated budget amount of $600,000. Project funding sources include a $300,000 alternative water resource grant from the South Florida Water Management District with matching funds of $150,000 each from Boynton Beach and Delray Beach. Professional fees for Hazen & Sawyer total $88,000 for this work, with a scope of services that includes engineering design, permitting and construction administration services for the storage tank installation. This expense will be shared by Boynton Beach and Delray Beach with each City providing the amount of $44,000. With the foregoing explanation, staff requests that Commission authorize the provision of funds in the amount of $44,000 to the South Central Regional Wastewater Treatment & Disposal Board for a consulting contract with Hazen & Sawyer, P.C. as described above. Funding for this expense is available in Water & Sewer Connection Fees, account # 441-5181-536-63.95. Please place this item on the agenda for the February 4, 2003 meeting for consideration by Commission. /rch ROBERT J. HAGEL Executive Director SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-ma~h scrwwtp@ ix.netcom.com MEMORANDUM TO: FROM: DATE: RE: RichardHasko, Utilit. Director,/City Mark Law, Assist~or,/, , Robert J. Hagel January 21, 2003 RECLAIMED WATER FUNDING of Delray Beach city of Boynton Beach Enclosed please find possible language needed to initiate funding for Hazen & Sawyer's Design & Construction services in the amount of $88,000. for the Reuse $600,000 South Florida Water Management District's Grant Project. The $88,000. will be divided equally from the Boynton Beach and Delray Beach Utility Department funds in the amount of $44,000. If you have any questions or comments, please contact me. CC: Maggie WoodaH File #_1_1-202(a) Agenda Item No.~ Request to be placed on: X Regular Agenda _ Special Agenda _ Workshop Agenda AGENDA REQUEST Date: January 23, 2003 When: February 4, 2003 Description of item (who, what, where, how much): Staff requests Commission authorization and approval to provide funds in the amount of $44,000 to the South Central Regional Wastewater Treatment & Disposal Board for fundinq of a task order to Hazen & Sawyer for design and construction services for the first phase of the Reclaimed Water System Expansion project. Phase construction includes the installation of a ground storage tank and associated piping for a budgeted cost of $600,000. Proiect fundin.q sources include a $300,000 matchinq grant from the South Florida Water Management Distdct with Delray and Boynton Beach to share the remaininq match. Total contract amount for consultinq services is $88,000 with each City participating at a 50% fundinq level. Funds are available for this expense in Water & Sewer Connection Fees, account ff441-5181-536-63.95. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval for the provision of $44,000 to SCRWTDB for funding of consultin.q fees for design and construction services for phase one Reuse System expansion. ~ ~,_.~~ ~...~,~ Department head signature: k,~ ~,._..~. '-~'_~ ~ 1-?'~ - ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re u~d on all items involving expenditure of funds): Funding available~____~O Funding altematives: Account No. & Description: t,,j).~_c //~-,/~.~ :~ ~/¥/-~ ~,~f -J-~/. -&'.7. %r- Account Balance: ~jr/ ,~ 7~/~'_r_~. ~_.,.- ~. ,,~ ~/~ 7./..2 City Manager Review: Approved for agenda:/YES/~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved (if applicable) TO: THRU: FROM: SUBJECT: PAUL DORLING,~DII~ECTOR OF PLANNING AND ZONING MEETING OF FEBRUARY 4, 2003 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION ASSOCIATED WITH DYNALIFE OFFICES. The action requested of the City Commission is acceptance of a right-of-way deed associated with the Dynalife Offices, located on the east side of NE 1st Avenue between NE 1st Street and NE 2nd Street, within the OSSHAD (Old School Square Historic Arts District). At its meeting of September 5, 2001, the Historic Preservation Board (HPB) approved a site plan modification for Dynalife Offices, subject to conditions, which included recordation of a right-of-way deed. The approval was for the conversion of the existing 1,311 sq.ft, single family dwelling to professional offices with associated parking and landscaping. Currently, a 5' wide sidewalk exists on the west side of the subject property adjacent to NE 1st Avenue. However, as the existing sidewalk is located outside the existing NE 1st Avenue right-of-way, a 5' right-of-way dedication must be made to accommodate the existing sidewalk. The City Attorney has reviewed the right-of-way deed for legal sufficiency and form, and determined it to be acceptable. By motion, accept the right-of-way deed associated with the Dynalife Offices. Attachments: Location Map Reduced Site Plan r-, Right-of-Way Deed w ~RD MARTIN LUTHER CA SON MI THODI S T CHURCH CITY A TTORNE Y BUILD/NC KING JR CITY HALL DRIVE TENNIS STADIUM SOU TH COUNTY COURT HOUSE N.E NW 1ST ST -- N E COMMUNITY CENTER ATLANT OLD SCHOOL SQUARE C 3RD 2ND ST 1ST FTT/ // AVENUE CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT DYNALIFE ---- DIG/~'AL BASE MAP SYSI'EM -- MAP REF LM54g Prepared by: RETURN: IL Brian Shutt, Esq. City Attorney's Offioe 200 N.W. 1 st Avenue Aveaue, Delray Beadt, Florida 33 ~, ~. ~., as party of I WITNBS That said party of the first part, for and con~ined and other good and valuable conuider~ claim and convey unto the party of the second interest, claim and demand which the party of the land, $i~_~e, lying and being in the Coumy of Pal~ See Exhibit "A' at This D~I is m.~de for fig purpose of givin i~ ~¢cessors and ~ a fi~f-~ ~a ~e ~ ~ ~b~c ~ p~s~ ~d is m~ ~ or ~. That this fight-of-way sh_~ll be subj~t reservation of tee, ord. The party of the first part a mmC~g~ or liens ¢mcmmb~hng tbiu right-of-way. no building or effect any other kind of conic property. Party of thc first part docs hereby fully w~ same ag~in~ the lawful e!~_ims of ail persons whon has good right and lawful authority to grant thc abo &YDg~D day of ~,0k~k~c , 200,~, between witham~l!~g~ldr~ssof )7_3 to~ Isjr. the first part ~md CITY OF DELRAY ~ion with a m~ling address of 100 N.W. 1st s~oad part. ETH: consid~on of the mutual promises herdu tion, does hereby grant, remise, relmse, quit m, its successors ami assigns, all right, title. Erst part has in and to the following-described Beach, Sram of Florida, to-wit: and granting to the party of the second part, m/mt in and to said lands for public highway, execmed and delivered with the ~press ;vet be diseonfiv,ued or abandoneA as a public revort to ~n~ reve~ in thc party of the first rely to those easements, restrictions, unrl Irecs to provide for the release of any and ail Tho party of the f~'st part also agrees to a-ect nor improvougnts t~pon the above-described rant the title to s~id laud and will defend the tsoever claimed by, through or under it, that it ue-described righvof-way marl th~I the same is unencumb~ Whcr~ thc context of this R/ght-~ include the successors or assigns of thc parties. TO HAH AND TO HOLD ~ S sppunenance~s thcs-to belonging or in anywise im title, int~r, and claim wh~t;~)ev~r of the said p; only proper use, bead/it, and behalf of thc said IN WITNI~SS ~1~, said pm~ of th the date first abow writt~ f-Way Deed allows or pcrmi~, the same shall MM'E, together with all and singn!ar thc idem or appeaaining, and all the estate, right, aty of thc first part, in law or in equity to the party of the second part, its successors and first part has he. unto set their hand and seal PARTY ~ TH~ FIP~T PART (Name or ty t) l~nted or Stamped 2 SKETCH OF DESCRIPTION 20.0' 20.0' 155.02' N. 90°OO'OO"E. LOT 4 LOT 5 135.02' N. 90°OO'OO"E. NO TES: 16.0' 16.0' THIS IS NOT A SURVEY ~ = CENTERLINE DESCRIPTION: THE EAST LINE OF LOTS 4 & 5 IS ASSUMED TO BEAR S. 0°52'16"E. THE WEST 5 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE SOUTH 19.10 FEET OF LOT 4 AND THE NORTH 38.25 FEET OF LOT 5, BLOCK 75, MAP OF THE TO WN OF LINTON (NO W DELRA Y BEACH.) AS RECORDED IN PLA T BOOK 1, PAGE 3 {SHEET 2,) OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FL ORIDA. ORDER NO. 71- 3 72 "EA " EXHIBIT "A " SHEET I OF 1 PA UL D. ENGLE Y SURVEYOR AND~MAPPER ~5708 DA TE: SEPT. 2.5, 2002 O'BRIEN, SUITER & O'BRIEN, INC CERTIFICA rE OF AUTHORIZATION t/tLB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL D. ENGLE 2601 NORTH FEDERAL HIGHWAY OELRA Y BEACH FLOR~OA .~.~48J MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # %~ - REGULAR MEETING OF FEBRUARY 4. 20021 CHANGE ORDER NO. 2/FINAL PAYMENT/MEGAN SOUTH, IN(;, JANUARY 31, 2003 This is before the City Commission to approve Change Order No. 2 in the net add amount of $64,000.00 and final payment in the amount of $152,309.10 to Megan South, Inc. for the West Atlantic Avenue Beautification Project. Funding is available from 334-3162-541-65.49 (General Construction Fund/West Atlantic Avenue Beautification). Recommend approval of Change Order No. 2 and final payment to Megan South, Inc. S'\Caty Clerk\chevelle folder\agenda memos\Final Payment. Astaldl.2.4.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DAVID T. HARDEN City Manager VICTOR MAJTENYI ~ Assistant Construction Manager www delrayesd com SUBJECT: WEST ATLANTIC BEAUTIFICATION PHASE I (PN 98-094) Change Order #2/Final, Final Payment DATE: JANUARY 24, 2003 Attached for City Commission approval is an agenda request for Change Order ~2/Final to Megan South, Inc. in the net add amount of $64,000.00 on the West Atlantic Beautification Project, Phase I, PN 98-094. Change Order #2 is a negotiated net amount which includes plus/minus final quantity adjustments to contract items, miscellaneous changes to the original contract, and an amount for liquidated damages. In addition, final payment in the amount of $152,309.10 is requested. The following is a brief description of each new item as represented on Schedule A to Change Order #2, attached: PCO #C (Proposed Change Order Request) in the amount of $24,500.00 is for additional labor, materials, and equipment in performing a directional bore under Atlantic Avenue at NW 4th Avenue in-lieu of a jack & bore. The original contract bid item, a jack & bore, would have required large open pits at each end of the bore, consequently disturbing larger than intended areas within the Right-Of-Way. PCO #D in the net amount of $64,000.00 is a negotiated close-out amount for additional maintenance of traffic, labor and supervision, and equipment during the time suspension (February to June) and for remobilization to complete the project after FPL pulled their poles. Liquidated Damages in a negotiated net amount of $24,500.00; 49 days at $500.00 per day. Staff recommends City Commission approve Change Order #2/Final in the amount of $64,000,000 and Final Payment in the amount of $t52,309.10 to Megan South, Inc. for construction improvements to West Atlantic Avenue Beautification Project Phase I, PIN 98-094. Funding is available from 334-3162-541-65.49, General Construction Fund/West Atlantic Beautification. Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Dir. of Construction City Clerk's Office Agenda File 02/04/03 Project File 98-094(A) S'\EngAdmin\Projects\1998\98-094\CONSTRCT\CO2Final memo 02.04 03 doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE ORDER NO. PROJECT TITLE: TO CONTRACTOR: Two (2)/Final PROJECT NO. 98-094 West Atlantic Beautification Proiect, Phase I Me,qan South, Inc. DATE: 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 all labor, material, and equipment necessary for the construction of vadous revisions to the plans and specifications to the West Atlantic Avenue Beautification Project Phase I as itemized on 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 THIS CHANGE ORDER 5.5 % TOTAL PER CENT INCREASE TO DATE 13.8 % EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, ~ CALENDAR DAYS. $1,170,197.00 $97,212.82 $1,267,409.82 $64,000.00 $1,355,909.82 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the pdces quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. CONTRACTOR (sign & seal) SIGNATURE(ARCHITECT) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 334-3162-541-65.49 (West Atlantic Beautification) DEPARTMENT RECOMMEND: APPROVED: ENGINEER/DIRECTOR CITY ATTORNEY FUNDS BUDGETED CODE CERTIFIED BY DELRAY BEACH, FLORIDA By its City Commission By: ATTEST: By: MAYOR CITY CLERK s:~...~98-094\CO2 document 02.04.03 doc 888 8~1~ '888~. . 88888 888. . ,8~. -- ~ ~ ~ooooo ~ 8~ Agenda Item No.~) Request to be placed on: AGENDA REQUEST Date January 27, 2003 --X-Regular Agenda Special Agenda Workshop Agenda When: February 04, 2003 Description of item (who, what, where, how much): Attached is an Agenda Request for City Commission to approve Change Order #2/Final to Megan South, Inc. in the amount of $64,000.00 on the West Atlantic Avenue Beautification project, PIN 98-094. Change Order #2 is a negotiated net amount which includes plus/minus final quantity adjustments to contract items, miscellaneous changes to the original contract, and an amount for liquidated damages. In addition, final payment in the amount of $152,309.10 is requested. The items in this change order are detailed on Schedule A attached to Change Order #2/Final. Funding is available from 334-3162-541-65.49, West Atlantic Avenue Beautification. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff rounds award ~_~er #1~_ to Megan South, Inc. Department head signature: ~-~- '- ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO (see above) Funding alternatives (if applicable): Account No. & Description Account Balance~. /~ /(.,~ City Manager Review: Approved for agenda: YES/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:\EngAdmin~:~rojects\1998\98-094\CONSTRCT~CO2Final agend req 02.04.03.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~(~i AGENDA ITEM $$ o~._~ . REGULAR MEETING OF FEBRUARY 4, 2003 FINAL PAYMENT/RPM GENERAL CONTRACTORS, INC. JANUARY 31, 2003 This is before the City Commission to approve final payment in the amount of $5,394.33 to RPM General Contractors, Inc. for the completion of the ESD\Police Department Interior Modifications Project. The project consisted of interior modifications to the Environmental Services Department and Police Department buildings and the rebuilding of the cupolas at Fire Headquarters. Funding is available from 441-5123-536-34.90 (Water/Sewer Fund/Other Contractual Services). Recommend approval of final payment in the amount of $5,394.33 to RPM General Contractors, Inc. for completion of the ESD/Police Department Interior Modifications Project. S:\C~ty Clerk\chevelle folder\agenda memos\FmalPayment. RPM 2.4.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: DAVID HARDEN City Manager VICTOR MAJTENYI ~/~ Assistant Construction Manager ESD AND POLICE DEPT. INTERIOR MODS (PN 2001-011) Final Payment JANUARY 24, 2003 www. delrayesd, corn Attached for City Commission approval is an agenda request to approve final payment to RPM General Contractors, Inc. in the amount of $5,394.33 for the completion of the ESD/Police Department Interior Modifications project. The project consisted of interior modifications to the ESD and Police Department buildings and via contract addition, the complete rebuild of three damaged cupolas at Fire Headquarters to the current building code requirements. Funding is from P.O. # 598326. Previously, City Commission had approved two change orders to the original contract of $54,841.00. On May 7, 2002, Change Order # 1 was approved in the amount of $32,060 for restoration of damaged cupolas at Fire Headquarters. After finding extensive damage to the cupolas, on October 1, 2002, Change Order #2 was approved in the amount of $36,828.99 for complete rebuild of the cupolas ($24,373.65), in addition to extra work performed at ESD Water/Sewer Network ($12,455.34). Total contract to date is $123,729.99. The project is complete with all closeout documentation received. A contractor evaluation is attached for your review. Staff recommends final payment to RPM General Contractors, Inc. in the amount of $5,394.33. Funding is from purchase order #598326. Richard C. Hasko, P.E.; Director of Environmental Services Kerry Koch; Fire Chief Rafael Ballestero; Deputy Director of Construction Brad Fitzer; Assist. Fire Chief City Clerk Agenda File Project File, 2001-046A Project File, 2001-01 lA ~: ~Eng,4drntn~Projects[200 I ~2001-011 ICONSTRCTLFinal Pay RPM memo-02. 04 03 doc (,oeo o~,.. o o 8888 8888 ~8 ooo~ 8880, ~, o ~ z ~1oo 8 o~ ~==~ ~ 888~ ;I Request to be placed on: --X-Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Agenda Item No. ~(~ Date: January 24, 2003 When: February 4, 2003 Description of item (who, what, where, how much): Request to approve a Final Payment to RPM General Contractors, Inc. in the amount of $5,394.33 for the completion of the ESD and Police Department Interior Modifications project, (PN 2001-4)11). The project consisted of intedor modifications to the ESD and Police Department buildings and the complete rebuild of three damaged cupolas at Fire Headquarters to the current building code requirements. Funding is from P.O. # 598326. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends final payment to RPM General Contractors, Inc. for successful completion of this project. Department head signature: ~t~ ~---~ ~~ 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: YES/NO Funding alternatives (if applicable): see above _ Account No. & Description Account Balance ~/6 ~ /,~c ~ City Manager Review: (~N Approved for agenda: O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved SAEngAdmin~Projccts~.001~2001-01 I\CONSTRCT~AGREQ final pay RPM 02,04 03 doc [ITY (IF BELIiI Y BER[H CiTY ATTORNEY'S OFFICE TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DATE: Writer's Direct Line: 561/243-7091 MEMORANDUM January 22,2003 TO: City Commission ~-- - FROM: Brian Shutt, Assistant City Attorney SUBJECT: Agreement with the School Board on Plumosa Elementary School The attached Intedocal Agreement between the City and the School Board of Palm Beach County relates to the use and maintenance of the recreation fields behind Plumosa Elementary School that are adjacent to N.E. 3rd Avenue. The following are the major points of the Agreement: Initial term of the Agreement is 10 years with the ability to renew for two 5 year terms. The Agreement may terminated by either party upon 180 days notice. The City shall make improvements to the recreation area upon receipt of funding from Palm Beach County. If the School Board terminates this Agreement within the first 10 years then it shall pay a percentage of the cost of construction of the improvements, unless it terminates as a result of a capital improvement project that encroaches into the recreation areas. The general public and the City may use these recreation areas on weekends, school holidays and after the close of a regular school day. The School Board shall pay for all utilities as well as the cost of fertilizers and herbicides. The City shall be responsible for the maintenance of the recreation areas and irrigation system. The City and the School Board shall jointly share in the cost of re- sodding the recreation areas. By copy of this memo to David Harden, our office requests that this item be placed on the February 4, 2003 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Joe Weldon, Director of Parks and Recreation INTERLOCAL AGREEMENT THIS AGREEMENT, entered into this ~ day of ,20__ between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Flodda, (hereinafter referred to as "SCHOOL BOARD"), and the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "CITY"). WITNESSETH WHEREAS, it Is the Intent of the Local Government Comprehensive Planning and Plan Development Regulation Act, F.S. 163.3161(4), to encourage and ensure cooperation between and among the local governmental entities to provide for the coordination of development activities of units of local government; and WHEREAS, the SCHOOL BOARD is the controlling body of the Public Schools of Palm Beach County, Florida, and does own and operate schools in the City of Delray Beach; and WHEREAS, both the SCHOOL BOARD and the CITY recognize the needs, on occasion, for both parties to utilize the facilities of the other, thereby minimizing the duplication of facilities; and WHEREAS, the CITY, under its powers, is desirous that under its required procedure that the integrity of Its Comprehensive Land Use Plan is maintained and that the residents have reasonable use of certain parts of the school facilities when not In use for educational or program purposes established by the SCHOOL BOARD; and WHEREAS, both parties desire to provide for certain public use of property owned by the SCHOOL BOARD, and known as PLUMOSA ELEMENTARY SCHOOL (hereinafter referred to as "FACILITY") in the CITY OF DELRAY BEACH, Florida. NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties agree as follows: 1. That this Agreement is entered into under the authority of Section 163.01, Florida Statutes. 2. This Agreement may be modified only by written amendment and approved by the parties' respective governing bodies. 3. This Agreement will be recorded in the Public Records of Palm Beach County, Flodda. 4. This Agreement shall be in full force and effect for a pedod of ten (10) years commencing on the day and date first written above. It is understood that this Agreement may be renewed or extended by the mutual consent of the governing bodies for both parties, for two (2) additional five (5) year periods commencing at the expiration of the previous period, subject to, the same terms and conditions as provided herein. This Agreement shall be automatically renewed thereafter unless either party intending to exercise the option to not renew this Agreement, shall provide the other party with written notice of their intent at least ninety (90) days prior to current expiration of the term of this Agreement. 5. This Agreement may be terminated in its entirety by either party giving to the other party, written notice at least one hundred and eighty (180) days prior to the date of termination. In the event that the SCHOOL BOARD terminates this Agreement prior to the end of the initial ten year term, the SCHOOL BOARD agrees to reimburse to the CITY the original cost of the improvements based on the following schedule: Termination After Reimbursement 1st year 90% of cost 2nd year 80% of cost 3r~ year 70% of cost 4~h year 60% of cost 5th year 50% of cost 6~h year 40% of cost 7th year 30% of cost 8th year 20% of cost 9th year 10% of cost 10t~ year 0% of cost However, if the SCHOOL BOARD terminates this Agreement because the area described in Exhibit "A" is required for a capital improvement project, then the SCHOOL BOARD shall not be required to pay any reimbursement to the CITY if such termination 2 is after the fifth year. If the termination is between the 1st and 5th year the SCHOOL BOARD shall be required to pay the reimbursement amount as set forth above. 6. The general public shall be allowed to utilize outdoor recreational areas at the FACILITY on Saturdays, Sundays, all school holidays, after the close of a regular school day, and during the summer when school is not in session, from sunrise until sunset; provided however, such use does not interfere with SCHOOL BOARD use for its public education programs and CITY use for its community activities. Should, at any time, such general public use of the outdoor recreational areas violate SCHOOL BOARD rules, regulations or policies, or Federal, State and local laws, the SCHOOL BOARD may, at its sole discretion, discontinue such general public use by giving 24 hours written notice to the CITY. 7. The CITY may utilize the outdoor recreational areas of the FACILITY, on Saturdays, Sundays, all school holidays, after the close of a regular school day, and during the summer when school is not in session, from sundse to sunset. 8. The CITY and/or SCHOOL BOARD may provide additional support in the form of funding, planning support, facilities improvement or other mutually agreeable efforts such as custodial care, staff supervision, maintenance, etc. for community program improvements. All recommended efforts related to additional support as noted herein, for the use of school facilities and CITY recreational facilities, will be reviewed by the Superintendent and City Manager and shall be subject to final approval by the SCHOOL BOARD and CITY Commission prior to any additional support being provided. 9, The sale, use, or possession of alcoholic-beverages or controlled substances on the premises of the FACILITY is stdctly prohibited. 10. Any CITY activities requiring special permitting or licensing shall be the sole responsibility of the CITY. 11. The CITY assumes responsibility for any negligence on its part that may occur while the recreational areas are under its supervision and control, and shall at its own cost and expense, repair any damage done to the recreational areas or portions thereof, including replacement of damaged portions or items, as may be caused by the CITY, its agent, officers, employees, invitees or visitors. Notwithstanding anything to the contrary contained herein, the total liability of the CITY under this Agreement for 3 negligent acts or omissions by the CITY, its agents and employees shall be subject to the limitations and procedures set forth in Florida Statute Section 768.28. 12. The SCHOOL BOARD assumes responsibility for any negligence on its part that may occur while the recreational areas are under its supervision and control, and shall at its own cost and expense, repair any damage done to the recreational areas or portions thereof, including replacement of damaged portions or items, as may be caused by the SCHOOL BOARD, its agent, officers, employees, invitees or visitors. Notwithstanding anything to the contrary contained herein, the total liability of the SCHOOL BOARD under this Agreement for negligent acts or omissions by the SCHOOL BOARD, its agents and employees shall be subject to the limitations and procedures set forth in Flodda Statute Section 768.28. 13. Utilities including, water, electric, and trash pick-up shall be the responsibility of the SCHOOL BOARD. 14. The maintenance, and cost of such maintenance of the recreational areas shall be the responsibility of the CITY. However, the SCHOOL BOARD shall pay to the CITY, the actual cost of fertilizers and herbicides used on the recreational areas. Such payment shall be due within 60 days after submission of a written invoice and receipts. Maintenance shall include, but not be limited to, the mowing and applications of various fertilizers and herbicides. Notwithstanding the obligations contained herein, the costs incurred for maintenance not considered routine, that is unforeseen and extraordinary, shall be the responsibility of the SCHOOL BOARD and CITY equally. 15. The CITY shall make such improvements to the FACILITY as provided by the site plan, attached hereto as Exhibit "A", within a reasonable amount of time after execution of this Agreement by both parties and upon receipt of funding from Palm Beach County. The CITY shall be responsible for the cost of such improvements, however, if the CITY does not receive funding for the entire project from Palm Beach County the CITY shall not be required to make such improvements as shown on Exhibit "A" and this Agreement shall be null and void. 16. The irrigation system for the recreational areas shall be designed by the CITY to operate separate from the irrigation system for the remainder of the FACILITY if economically feasible. The CITY shall maintain control of the irrigation system for the 4 area as shown on Exhibit "A". The CITY shall be responsible for all costs associated with maintenance and repair of the irrigation system. The SCHOOL BOARD shall be responsible for all monthly utility bills relating to the area as shown on Exhibit "A". 17. The CITY shall coordinate with the FACILITY's Principal for scheduling of days and times the CITY may have access to the site for the maintenance of the recreational areas. The SCHOOL BOARD shall not withhold reasonable maintenance schedule requests by the CITY. 18. The SCHOOL BOARD and the CITY shall be jointly responsible for all costs associated with the re-sodding of the recreational areas as may be necessary from time to time due to ordinary wear and tear from normal use. The extent of the re-sodding is to be mutually agreed upon by the CITY and the SCHOOL BOARD. 19. All notices herein required shall be given to or served upon either party in writing. Any such notice shall be deemed sufficiently given or served, if served personally, sent by the United States Mail, or by any nationally recognized overnight carrier to the SCHOOL BOARD or the CITY at the address set forth as follows: As to School Board: With Copies to: Arthur C. Johnson, Ph.D. Superintendent 3320 Forest Hill Blvd. West Palm Beach, Florida 33406-5813 Sandi Byrne, Principal Plumosa Elementary School 1712 N.E. 2nd Ave. Delray Beach, FL 33444 As to City: With Copies to: CITY OF DELRAY BEACH City Manager 100 N. W. 1st Avenue Delray Beach, Florida 33444 Joe Weldon Parks & Recreation Department 50 N. W. 1st Avenue Delray Beach, Florida 33444 5 20. If any term or provision of this Agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the fullest extent of the law. 21. This Agreement together with any amendment that may now or in the future be attached and become a part hereof of this Agreement set forth all the covenants, promises, agreements, conditions and understandings between the parties hereto. There are no covenants, promises, agreements, conditions and understandings, either oral or written, between the parties other than those herein set forth. Except as herein provided, no subsequent alteration, amendments, changes, or additions, shall be binding the parties, unless and until reduced to writing and signed by both parties. 22. This Agreement shall be governed by and in accordance with the laws of the State of Florida. Venue for any action arising from this Agreement shall be in Palm Beach County, Florida. IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. Signed in the presence of: STATE Of FLORIDA COUNTY OF PALM BEACH SCHOOL BOARD Of PALM BEACH COUNTY, FLORIDA By: , Chairman Attest: , Superintendent (SEAL) I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County named above to take acknowledgements, personally appeared , Chairman and Superintendent of the School Board of Palm Beach County, Florida, and they acknowledged before me that they had executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the School Board. SWORN to and subscribed before me this day of ,2O Notary Public My Commission Expires: 6 Signed in the presence of: CITY OF DELRAY BEACH By:. Attest: Mayor STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County named above to take acknowledgements, personally appeared , as Mayor, and as of the City of Delray Beach, Florida, and they acknowledged before me that they had executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the City. SWORN to and subscribed before me this day of ,20. Notary Public My Commission Expires: Approved: Approved: School Board Attorney City Attomey 7 CITY I]F DELRI:IY BEI:I£H CITY ATTORNEY'S OFFICE ~oo mw ~t ^v..,,,,~,~. ~,~,,^.,.,,~^~.,,~,~o,,,~^ ~,44 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM January 30, 2003 City Commission David Harden, City Manager Susan A. Ruby, City Attorney Assignment of Lease Writer's Direct Line: 561/243-7091 The City has been approached with a request to assign the Quality Broadcasting Lease dated June 20, 2001 to James Crystal Delray Beach, Inc. The Leased premises is used for telecommunications/radio transmitting tower purposes. Information regarding the company and its subsidiary's sole shareholder is attached. The Lease provides that it may be assigned upon the City's written consent which shall not be unreasonably withheld. The new Lessee shall be subject to all terms of the Lease which expires June 4, 2020. Please place on the City Commission agenda for February 4, 2003. SAR:ci Attachments Cc: Henry Handler, Esq. Robert A. Barcinski, Assistant City Manager Paul Dorling, Planning and Zoning Director Amanda Solomon, Telecommunications Systems Manager ESTOPPEL CERTIFICATE AND CONSENT TO ASSIGNMENT OF LEASE To: From: Re: Date: James Crystal Delray Beach, Inc. a Delaware corporation City of Delray Beach Amended and Restated Lease January ,2003 The undersigned, on behalf of the City of Delray Beach, as Lessor under the Amended and Restated Lease, hereby ratifies the Lease, consents to the assignment of the Lease by Quality to James Crystal Delray Beach, Inc., a Delaware corporation ("James Crystal") and the assumption by James Crystal of all duties and obligations of Quality under the Lease, and certifies the following: 1. The Amended and Restated Lease, attached hereto and made a part hereof as Exhibit "A", is in full force and effect and has not been assigned, modified, supplemented, or amended in any way at this time. 2. To the knowledge of the City of Delray Beach, as of the date hereof, no party to the Lease is in default under the Lease and no event has occurred that, with the giving of notice and/or passage of time, would constitute a default thereunder. 3. The Lease's term expires on June 4, 2020. The monthly tower rental is $800.00 as adjusted annually by the Consumer Price Index (the "Adjusted Rent"), provided however, that pursuant to the terms of the Lease, in lieu of accepting payment of the Adjusted Rent, the City of Delray Beach has elected to accept monthly radio advertising with a market value in an amount equal to double the amount of the Adjusted Rent. 4. The City of Delray Beach is the owner in fee simple of the Premises, subject only to covenants, easements, restrictions of record, liens, any state of facts that an accurate survey would show, and the Lease. The undersigned is duly authorized and empowered to execute this certificate on Lessor's behalf. 5. Lessor hereby acknowledges and agrees that from and after the effective date of the assignment of the Lease by Quality to James Crystal shall be entitled to the rights, benefits, and privileges of, and shall be subject to all the duties and obligations imposed on, Quality under the Amended and Restated Lease. The City of Delray Beach, Florida By: Name: Title: AMENDED AND ~ATED LEASE 2OOl, by and between th~ CITY OF D~3RAY BEACH, a Florida Florid~ corporation ~). and QU~LrrY BROADCASTING CORPORATION a WITNESSETH: WHEREAS, fl~e Lessor and Lessee'm predecessor, Qualily Bro~ca~-S Corporation, ~ ~ a ~ ~ l~ 4, 19~ ~ ~ ~ ~ on ~ 4, 1~5; ~ ~S, ~~r~~~e~~i~~~~ ~ ~ ~ ~ ~ of ~ p~ 1~ ~ ~ ~ ~ ~ow ~ ~ ~t ~ ~ of ~k mw~ ~r ~ by ~l~~~m ~~ ~ ~on m ~ ~ of ~o ~~ion ~ ~ ~ ~m. NOW ~~, thin ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ herein. 2. Leased Pr_~i~.es. That for and in consideration of the covenants contained herein, I.~sor hereby leases to l~mee, the property (Leased Premi~,~es) described in Ex.'bit 'A" hereto and as further d~pict~ in ~,lfibit 'A". 3. T,mn. The lease commmced on .lune 4, 1~80 and slmll expire ,lune 4, 2020. The Lease may be extended by the mutual written consent of the Ire'ties. EXHIBIT A 4. U~ by Lam~. Le~ ~ ug hid premiu~ for tlg purpog of maiaufia~ and op~r~ two radio ~ towm and ~ Mgeth~ with connecting undergromzl cable within the Leased Premi.~e~. The height of the .consent of the City alter renegotiation of the lease. Lessee ehsm be allowed m enter into ~ with others for the putpme of attachln~ to thc ~wers other ~leco~'on may use the premi~ for ~ and the phying of the game of golf in such a manner that it will not r~sombly ~ with Leasee's use of the premises. 6. Ownersldl) of E(lldllmellt, lmDl'ovemesltf. At the expiration of this lease, the Lessee shah hold title to the towers and any cabling lines and equipment affixed thereto or locat~ within the Leased Premises ~ referred to as Fixtures) and shall remove the same from the Leased Premises, prior to the termination of the lease. Upon removal of the Fixtures, the Lessee shah return the Leased Premi~ to a condition that is acceptable to the Lessor. If Lessee fails to remove the above from the Leased Premises, as provided herein, or fails to restore the Leased Premises, the City may cause the removal thereof and Lessee shall pay fttl costs related to the removal and storage of the Fixtures incurred by the Lessor and pay the Lessor's corn to return the Leased Premi~ to an acceptable condition. determined in the Lessor~s sole discretion. Lessee shall maintain all Fixtures and the Leased Premises in such a manner so ~ to not be a safety hs~mi to anyone who may come witlfin the Lcssed Premises or in the vicim'ty thcreof. If the Leased Premises is not maintained to the standard deemed acceptable by the City, the Lessee shall, upon nofi_'~cation by the City, verbally or in writi~, remedy the maintemm~ of the Leased Piremi_ses withl, the date set forth by the City. Access to the Leased Premises for comm~on and/or mainmm~ce shall be coordinated ami scheduled with the CR'y's Golf Course Greens Superinm~le~. (1) The expense of the Lessee and Lessee covenants and agrees to indemnify ami hold Lessor harmless against any mi all claims for labor and materials in the comtmction or nminten~ce of any l:ixture on the I. emed Premises. No above ground Xructure will be located in any fairway area. (2) Constmaion access shall be along the new access easement, as otherwise mutually 8. Immrauee. Lessee shall carry and pay for an insurance includi~, but not llmlt~! to, liability and property insurance on the Leased Premises and shall name the Lessor 9. I~~o~. Lessee sludl indemnify, hold hs_m~less and defend Lessor, its oflkers, agents ~ employees from and ag, ln~ all loss, liability or expeme th~t may be incurred, including b~ not llmP,~d to, personal injury to any person or any damage caused to the City's Golf Course ~s a result of Lessee:s comtruction, mainmumce or opemions on the levels. 10. Tax~. Lessee shall pay all taxes and assessments of whatsoever kiad i .,nlX~d on the Leased Prmnis~ or the remainder oftbe Golf Course property that was assessed based on Lessee's use of the property. 11. Termination. If either the Lessor or Lessee shall fail to perform or sludl breach any covexmnt, term, or condi~ou of this lease, the party seeking perfo~ or claiming a breach of Ome Lease shah give thirty O0) days wfiv. en notice to the Imray failing to period after notice, eifl~m' party shall give fl~ other party a reasonable time U) complete {he make an assi?meut for the benefit of creditors. I,~ssee shall have the right to tmnimte the lease upon sixly (60) days prior wriliea notice to the Lessor, provided Lessee shall pay to the I,~sor a lump sum equal to Uventy four (24) mo,t~,R rent as adjusted by'the CPI. 12. Pa~mmt. {.~sse~ shall pay to I~ssor Eigl~ Hundred Dollars ($800.00) per mouth payable each mouth on the 1' day of each month after the execution of this agreeing. This monthly payme~ shall be adjusted annually on the anniversary of the effective date of thi.~ Consumers - United S'uUes' April Consumer Price Index (CPI). The CPI adjustmeut shall reflect the acuml CPI percentage iucrease or decrease provided, however, time adjusuu~ shall not increase or decrease by more than five pmr. ent (/f~) over the previous year's adjustment ra~. The I,~sor and L~sse~ shall endeavor to give each other ~ (30) days' prior wrimm 4 as adjust~ by the CPI. 13. In Lieu of Payment. The Lessor may, in its sole discretion, make a written election to sccept advertising in lieu of paying. If ~o elected by Lessor, the Lessee shall provide the City with sdvertisi~ ~ a market value double to the payment that the Lessor is entitled to under Paragraph 12, as adjusted by the CPI. Market value shall be detmnit~ by using an average from the Lessee's rate cards in effect for the twelve (12) months p _rec__p, lln2 the date of the notice election by Lessor. In lieu of the payment set forth in Paragraph 12 of this Lease, the election by the City to accept the market value of said advertising shall be n~a,t~. in writing at least thirty (:~0) days before the comm~ of the in lieu advertising com~. Lessor shall set forth the duration of the acceptance of advertising in lieu of payment in the written notice of election. If there is no notice of election outstanding, or the duration set forth in the written election has expired. The Lessee shall pay the amount set · forth in ~h 12 as adjusted by the CPI (on a pro rata basis for any partial month) until 14. AszI~. This lease may be assigned and Lessee may sublet, license or unreasonably withheld. 15. Adherence to Laws. The parties to this lease shall adhere to all laws, 16. Venue. Ia the ~eat of any c~ or ~ arising from ~ le~, th~ dispute shll be resolved in a court of co~ jurisdiction with vm~e ia Palm Beach Corny,  ~ OF DIvRAy BEACH, FLORIDA City Cl~k David Schmldt, Mayo~ Print'N,~e: Laurie Silvers Title: Presidem Date: ~-/~!- ~/ Florida. 17. Waiva'. Failure to enforce any provision, condition, or term of this Agreement shall not be deemed a waiver of any provision, condition or term of this lease. 18. Eatir~ Agreemeat. ~ lease as restated and amended supercedes any previous leases and sm~utments, and is substituted therefore in its entirety. No other promise(s) ColldJfion(s) o1' tellxt(s) llOt set fol't]l in thi.~ ~ ~'~ bJ]xlillg on dth~r party. 1~. Effective Date. This lease shall be effective when signed by both parties with the effective date to conmun~ on the date the last party execu~ thl. Lease. IN ~ Wl~s~F~F, the pani~ hereto have caused t~i, agreement to be executed by their propar offici~, on the day and year first above written. 5'I'ATE OF FLORIDA .~.t.,,a.. , 2001, by ~,.,: *- ~l ,,,~ , as (o~.~: ~,..+ (name of officer or agent, title of officer or agent), of (name of cordon acknowledging), a ~' I,,- ~ ,f.,.(state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary PublR; - State Of Florida MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~'~-~ - REGULAR MEETING OF FEBRUARY 4. 2003 REPORT OF APPE^LABLE LAND DEVELOPMENT BOARD ACTIONS JANUARY 31, 2003 Attached is the Report of Appealable Land Use Items for the period January 21, 2003 through January 31, 2003. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\C~ty Clerk\chevelle folder\agenda memos\apagmem.2 4.03 TO: THRU: FROM: SUBJECT: OAyIFf) HAROLd, MA.AGER PAUL DORLINO, DIR~fOR OF PLANNING AND ZONING ~'ASMIN ALLEN, PLANNER MEETING OF FEBRUARY 4, 2003 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JANUARY 21, 2003 THRU JANUARY 31, 2003 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of January 21, 2003 through January 31, 2003. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (6 to 0, Borchardt absent), a master plan modification to allow a reduction in the required side yard swimming pool setbacks for the Colony at Delray Beach (formerly Winterplace PUD) located at the southeast corner of Military Trail and LWDD L-30 Canal. No other appealable items were considered by the Board. The following items will be forwarded to the City Commission for action. Recommended approval (5 to 1, Morris dissenting), of an abandonment of the 16 foot wide north-south alleyway lying within Block 61, Town of Delray, which is located on the south side of West Atlantic Avenue, between South Swinton Avenue and SW 1st Avenue. The recommendation was subject to the condition that an alternatively aligned alley be dedicated. City Commission Documentation Appealable Items Meeting of February 4, 2003 Page 2 Recommended approval (6 to 0), of an abandonment of the east 20 feet of a portion of the Dixie Highway right-of-way, lying adjacent to Lot 5, Delray Beach Estates, located approximately 1640 feet south of Gulfstream Boulevard. Recommended approval (6 to 0), of a combined preliminary/final plat for Lakeview Apartments, located on the east side of SW 10th Avenue, south of Linton Boulevard. Approved (5 to 1, Mayer Abbo absent, Roger Cope dissenting), a request for a color change for 223 NE 5th Avenue, located on the east side of NE 5th Avenue (southbound Federal Highway), between NE 2nd Street and NE 3rd Street. Approved (5 to 0, Carter stepped down), a request for a color change for Tropic Supply Warehouse, located at the northwest corner of Lime Lane and Poinsettia Drive. Approved (6 to 0), a request to reconsider a condition of approval in order to eliminate the requirement that a bus bay be provided along Congress Avenue for Congress Commerce Center, located at the southeast corner of Congress Avenue and Lake Ida Road. The Board reaffirmed the requirement to provide a 10' x 30' bus shelter easement along Congress Avenue and Lake Ida Road and the remittance of one-half of the full cost of the bus-shelters. Tabled (6 to 0), a Class I site plan modification associated with architectural elevation change and color change for Waterway East, located at the southeast corner of East Atlantic Avenue and the Intracoastal Waterway. The Board did not support the choice of colors, the type of shutters and proposed roof. Approved (6 to 0), a Class I site plan modification associated with architectural elevation change for the Chamber of Commerce, located on the west side of SE 5th Avenue (southbound Federal Highway), south of East Atlantic Avenue (64 SE 5th Avenue). Approved (6 to 0), a Class I site plan modification associated with the architectural elevation change to allow the addition of awnings for LGB Office Building, located on the west side of NW 17th Avenue (Park of Commerce Boulevard) approximately 400' south of the intersection of Congress Avenue and NW 17th Avenue. Granted (6 to 0) with conditions, an extension (expiring July 10, 2004) for Mil-Atlantic a 230 unit (310 bed) assisted living facility/independent living facility, located on the west side of Military Trail, approximately 650 feet south of West Atlantic Avenue. Approved with conditions (5 to 0, Carter stepped down), a Class III site plan modification, landscape plan and architectural elevations for the Duncan Center, located on the east side of Military Trail, approximately 500 feet north of Linton Boulevard (15820 South Military Trail). The associated modifications include changes to the building footprint of the previously approved future chapel building, construction of a 1,144 sq. ft. utility/laundry building, modification to the parking lot and the elimination of two multipurpose buildings from the previously approved site plan. City Commission Documentation Appealable Items Meeting of February 4, 2003 Page 3 Approved (6 to 0), the architectural elevation plan associated with a Class IV site plan modification for 202 NE 6th Avenue, located at the northwest corner of NE 6th Avenue (northbound Federal Highway) and NE 2nd Street. The site plan modification to allow the construction of a 690 square foot addition was previously approved by the Board. No Regular Meeting was held during this period. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- February 4, 2003 GULF STREAM BLVD LAKE ~ TLANTIC LOW~3N I~)ULEVAND BOULEVARD U30 CANAL IDA I I I L-38 CANAL ~"-P.& Z.: A. THE COL ONY A T DELRA Y BEA CH S.P.R.A.B.: 1. 223 N.E. 5TH AVENUE 2. TROPIC SUPPLY WAREHOUSE 3 CONGRESS COMMERCE CENTER 4. WATERWA Y EAST 5. CHAMBER OF COMMERCE 6. LGB OFFICE BUILDING 7. MIL-ATLANTIC 8. DUNCAN CENTER 9. 202 N.E. 6TH A VENUE N W 2ND ST S W 2ND ST SW ! I I ! I i I I C-15 CANAL CI~Y UMITS / V GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2OO3 - - DIGITAL BASE-MAPPING SYSTEM - - MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~~. AGENDA ITEM ' - REGULAR MEETING OF FEBRUARY 4. 2003 AWARD OF BIDS AND CONTRACTS JANUARY 31, 2O03 This is before the City Commission to approve the award of the following bids: Contract award to National Waterworks (US Filter Distribuuon) in the amount of $28,053.46 for materials for the NW 10t~ Avenue Water Main Improvements Project. Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal & Replacement/Water Mains). Bid award to Sports Turf One, Inc. in the amount of $21,731.00 for the landscape maintenance of two (2) baseball fields at Pompey Park. Funding is available from 001-413D572-34.90 (General Fund/Other Contractual Services). Contract award to RPM General Contractors, Inc. in the amount of $163,561.20 for the Community Teen Center Skate Park Project. Funding is available from 117- 6111-519-63.40 (Recreational Impact Fee Fund/Recreational Improvements). Recommend approval of the above bids and purchases. S:\Ctty Clerk\chevelle folder\agenda memo\B,d Memo. Z4.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DAVID HARDEN City Manager RAFAEL BALLESTERO Deputy Director of Construction www. delrayesd, com NW 10~I AVENUE WATER MAIN IMPROVEMENTS (PN 2002-010) DATE: JANUARY 16, 2003 Attached is an Agenda Request and related documentation for City Commission to approve a material purchase from National Waterworks. This is for the purchase of required materials to construct new 8" water main. This work will be constructed by our in-house construction crew. The cost of this contract is $28,053.46. This is a unit price contract, and materials will be purchased as needed for construction and based on availability of funds. Prices are commensurate with the product to be purchased. Attached is a copy of the quote for this work. National Waterworks is currently our material supplier under the annual contract. Funding source is account # 442-5178-536-63.50, Water & Sewer Renewal & Replacement / Water Mains. Richard C. Hasko, P.E.; Director of Environmental Services Randal Krejcarek; City Engineer Project File 2002-010 (A) City Clerk Agenda File 2/4/03 S'X, EngAdmtnXd~rojectsk2OO2k2OO2-OlOXCONSTRC'l~genda memo Nattonal Waterworks recom 2.04.03 doc N.W. POMPEY PARK 2ND ATLANTIC NoW. AVENUE ELEMENTARY 1ST BEGIN CONSTRLJ ENVIRONMENTAL 8ERVIOE8 DEPARTMENT ,4~4 ~ ~ A~ ~Y B~..ACH, F:LOf~DA 3~144 N.W. lOTH AVE. WATER MAIN UPGRADE LOCATION MAP JJ 12/19/02 J Foo2-mq ~ 02 03:4~p JEFF BROUILLETTE 5S~-743-1S37 p.3 National Wate - r, 5 r ks Job Name: DELRAY BCH PROJECT 2002-010 Location: Customer: DELRAY BEACH, CITY OF Engineer; Bid date: 12105102 Seq~ Oty 10 20 30 40 5O 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 320 Description 1 12X8 FTSSTAPPING SLEEVE 1 8 F6114 MJ RW TAP VLV OL W/ACC 5 8 F6100 MJ RW GT VL L/ACC CLOW 6 8X8 MJ WYE CIL CP DI C153 6 8MJ45BENDC/L CPDIC153 6 2 10 10 1,800 100 1 65 65 10 10 2 2 2 15 1 8X6 MJ REDUCER C/L CP DI C153 6 8X2. MJTAPT PLUG CPDI C153 3 8 MJ LiP SLEEVE CP DI C153 10 461-S VLV BOX W/LID DOM 2 5-1/4VO MED HYD 3'B 6MJ 6"MJ SHOE 3W OL NST 1 5-1/4VO MED HYD 3'6"B 5MJ 3W OL NST (2546-5B) 4 6 F6100 MJ RW GT VL I ,'ACC CLOW 3 8X6 MJ ANCHOR TEE GP DI C153 5 317-090509-000 8XlCC D/S SAD EPOXY W/SS STRAPS 7.69.9.05 2 317-090514-000 8X2CC [.)IS SAD EPOXY W/SS STRAPS 5 202B-750-CC6 6X1-1/2 CC BR SAD D/S OD 6.90-7.50 FBl100-7 2 BALLCORP MIPXPJ(CTS FBIO00-7 2 BALLCORP CCXPJ(CTS) 2 BRASS SQ HEAD CORED PLUG I BRASS SQ HEAD CORED PLUG 8 TJ PR35O DI PIPE C/L 6 TJ PR350 DI PIPE C/L 10 BARE SWAB POLLY PiG 8" MEGALUG MJ RESTR. BLK 1108 8 MJ ACC GSKT & BOLTS SET 6" MEGALUG MJ REST BLACK 1106 6 MJ ACC GSKT & BOL TS SET 2 BRZ BALL VALVE MILANO M200 1 BRZ. BALL VALVE MILANO M200 3/4 BRZ BALL VALVE MILANO M200 317-090512-000 8X1-1/21P SAD EPOXY W/SS STRAPS 7.69-9.05 26 317-O90509-000 8X1CC D/S SAD EPOXY W/SS STRAPE, 7.69-9.05 Salesman: JEFF 8ROUILLETTI: Branch: NATIONAL WATERVVORK~ Phone: (581) 848-0396 Fax: (561) 8457267 Mobile: ($6t) 758-52{~4 Units Price Ext. Price 501.23 501..~3 EA 525.99 525, 99 EA 368.82 1,844.10 EA 131.54 789 24 EA 44.97 269 82 EA 36.59 36 59 EA 32,07 192 42 EA 42.13 126 39 EA 32.10 321 00 EA 780 00 1,560.00 EA 795.00 79,~ .00 EA 244.43 97; .72 EA 103.40 310.20 EA 43.83 219.15 EA 49.70 cj!.~. 40 EA 44. 82 22 t. 10 EA 60.76 36t.56 EA 60.76 121 52 EA 6.48 64.80 EA 2.26 22.60 FT 5.62 10,116.00 FT' 4.35 4~ 5.00 EA 19.76 ~9.76 EA 22.47 1,4(O.55 EA 5.43 ~;2 95 EA 14.60 14600 EA 4.96 49.60 EA 13.76 27.52 EA 4.89 9.78 EA 3.15 6.30 EA 46.73 7 ~3.95 EA 43.83 1,139, 58 Date Prir~ed: 12/06/02 "Provided for the excluslive use o1' US Filter customers" --~ge No. 2 6 02 O3:~5p JEFF BROUILLETTE Job Name: DELRAY BCH PROJECT 2002-010 Seq# Qty Description Unit~ NATIONAL WATERWORKS Price Ext. Price 330 14 Y44-264 1-112XlX1 WYE PJ(CTS) EA 340 15 FB1000-6 1-1/2 BALLCORP CCXPJ EA (CTS) 350 26 FB1000-4 1 BALLCORP CCXPJ(CTS) EA 360 27 B43-342W lX3/4 BMV PJ(CTS)XMN EA CTS W/LW 370 32 B43-444W 1 BMV PJ(CTS)XMN LW EA 380 280 2-1/2 PVC SCH80 PiPE SVVB 20' FT SOLVENT WELD BELL 390 220 2 PVC SCHS0 PIPE SWB 20' FT SOLVENT WELD BELL 400 100 #52 1 SS INSERT F/CTS F'E EA 410 50 #54 1-1/2 SS INSERT F/C'~'S PE EA 420 I B71-666W 1-1/2 B. CURB IPJXFIPT EA (PVC) W/LW 430 3 B43-342W 1X3/4 BMV PJ(CTS)XMN EA CTS W/LW 440 300 lX100' CTS PE TUBING 200 PSi Fl' 450 400 1-1/2XIOO'CTS PE TUBING 200PSI FT 460 100 2X100' CTS PE TUBING 200 PSI FT Bid Totals 23, 55 329, 7 36.74 551.1 17.94 466.44 21.00 567.(:0 28 73 919 1 73 484 0.89 195.1J0 0.78 78:)0 1.07 53.5O 53.34 53.34 21.00 63.00 0,29 87 00 0.66 264 00 1.11 11100 Sub Total $28,053 46 Bid Total $28,053.46 AGENDA REQUEST Agenda Item No.: ~~_~. DATE January 16, 2003 Request to be placed on X Regular Agenda Special Agenda Workshop Agenda When: February 4, 2003 Description of item (who, what, where, how much): Request Commission approval of agenda request for Contract award for material purchase to National Waterworks (US Filter Distribution), for the NW 10th Avenue water main improvements Project (PN 2002- 010). This vendor is currently our material supplier under the annual contract. The amount of this material purchase is $28,053.46. It is for the purchase of required materials to construct new 8" water main. This work will be performed by our in - house construction crew. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Contract award to National Waterworks. Funding Source is account # 442-5178-536-63.50, Water & Sewer Renewal & Replacement / Water Mains. Department Hea~~ Signature: / -/~ ' ~"~' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available ~/NO ~f/~ C I/~-I/~ Funding alternative~'- (if applicable) Account No. & Descriptionr, 442-5178-536-63.50, Water & Sewer Renewal & Replacement / Water Mains. Account Balance City Manager Review: ~)/ ~ Approved for agenda: NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2002-010(A) projects/2002-010/construct/agenda National Waterworks MEMORANDUM TO: FROM: THROUGH: David Harden, City Manager Jacklyn Rooney, Purchasing Manager~p~ Joseph Saffo<~ace Director DATE: January 29, 2003 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING FEBRUARY 04, 2003 - BID AWARD - BID #2003-09 LANDSCAPE MAINTENANCE - POMPEY PARK TWO BASEBALL FIELDS - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve the bid award to Sports Turf One, Inc. for landscape maintenance of the two (2) baseball fields at Pompey Park for an estimated annual usage of $21,731. Background: Bids were received on December 19, 2002 from eight (8) contractors all in accordance with City purchasing policies and procedures. (Bid #2003-09. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. As stated on the attached memo dated January 24, 2003, the Director of Parks and Recreation and the Parks Superintendent recommend award to the seventh low bidder, Sports Turf One, Inc. Sports Turf One Inc. is a current vendor with the City doing landscape maintenance for Atlantic High School and have done a satisfactory job and have the necessary equipment and experience to perform this work. The first six (6) low bidders were eliminated due to the fact that they could not meet the qualifications in the detailed specifications of this bid and they did not have the equipment and experience to perform this contract as also specified in the specifications. See the memo dated January I6, 2003 from Parks Superintendent to Director of Parks and Recreation. Recommendation: Staff recommends award to seventh low bidder, Sports Turf One, Inc. for the landscape maintenance of Pompey Park baseball fields at an estimated annual cost of $21,731. Funding from account code #001-4131-572-34.90 from 2004 - 2004 budget. Current contract expires February 2003. Attachments: Tabulation of Bids Memo from Director of Parks and Recreation [lTVI:II I, RI:I¥ EI:I[H DELRAY BEACH AII-AmedcaCity AVENUE DELRAYBEACH. FLORIDA 33444 561/243-7000 1993 2001 MEMORANDUM TO: Jackie Rooney Purchasing Supervisor FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bid #2003-09 DATE: January 24, 2003 Attached please find a spreadsheet for Bid ~2003-09 for landscape maintenance on two baseball fields at Pompey Park. We received 8 bids. The first 6 low bidders we eliminated due to their failure to meet qualifications and/or they do not have the "equipment and organization" as described in Items K and L of the specifications. I recommend the contract be awarded to Sports Turf One in the amount of $21, 731. This should be charged to account #001-4131-572-34.90. They have done a satisfactory job for us in all their contract areas with the City, and have the necessary equipment and experience. Please place this on the agenda for City Commission consideration on February 4, 2003. Jo~eldon Director of Parks and Recreation Attachments cc: Tim Simmons Parks Superintendent Ref:lsbidrec Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS OF I]ELARY BERgH DELRAY BEACH AII-AmericaCity 1993 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 TO: DATE: Joe Weldon, Director of Parks and Recreation Tim Simmons, Parks Superintendent January 16, 2002 SUBJECT: Bid 2003-09 - Landscape Maintenance Pompey Park- Two Baseball Fields- Annual Contract 561/243-7000 We received a total of eight bidders for the Bid #2003-09, Landscape Maintenance Pompey Park - Two Baseball Fields. The first six low bidders I have eliminated due to their failure to meet qualifications and/or do not have the "equipment and organization" as described on pages seventeen and eighteen, Items K and L, of the City of Delray Beach Specifications For Landscape Maintenance Pompey Park - Two (2) Baseball Fields, Annual Contract, Bid #2003-09. I recommend that number seven is the bidder we contract with; eight being eliminated due to it being the highest quote (see below list). 1. Wel!ons Ultimate Lawn Maintenance, $8,600. On January 10, 2003, I discussed with Mr. Wellons the fact that he had omitted the fertilizer program from his bid and he stated that he would like to cancel his bid. He also did not have the proper equipment and experience for ballfield maintenance. ! had contacted his four references with no success from three of them and the fourth stated that he was a good person but had no experience with Bermuda grass. 2. Execu. tive. Land.scapina Contractors, $16,300. I contacted four references, one had a disconnected phone number, one did not return the call, two said they could not reference baseball field maintenance, they only new of his residential work. They did not have the proper equipment. On January 6, 2003, Mr. Merilien stated that he wanted to cancel his bid. ,,'?~ Frlnted on RecycJed Paper THE EFFORT ALWAYS MATTERS 3. Andral LandscapinQ, $16,950.. I received no response from any of their references. I spoke to Mr. Andral and he had T & T Business Center, Inc. contact me but they could not reference Mr. Andral's experience or his equipment list. Mr. Andral was to bring his equipment to our shop on January 8, 2003, so that I could review it but his truck broke down on 1-95 in Boca Raton. I went to the site and he did not have the proper equipment-no reel mowers. 4. Solutions La.ndsc.aPin.q &. Maintenance, ~!7,400. I attempted twice by phone to contact and had no response. submit references. Did not Tare .Landscaoin_~. $18.973. Do not have the proper equipment for Bermuda grass and said that he hasn't worked with the grass for a long time. Past work with the City was unsatisfactory. 6. Sunrise Security AQe.ncy, $20,995. I contacted four references, two did not respond back to me, one said he only could reference lot mowing and the last said he could only reference residential landscaping. Mr. Susa told me that he has no maintenance experience of Bermuda grass and does not have the proper equipment. 7. Sports Turf One, Inc,, $21,731. I recommend that this contract be awarded to this bidder. They have been the contractor for this area for the last three years. They are also the contractor for Atlantic High School ballfield maintenance. They have done a satisfactory job in all their contract areas and have the necessary equipment and experience. 8. Vila & Sons Landscaping Corp., $30,000. High Bidder. TS/sb Date: Jan. 24, 2003 AGENDA REQUEST Request to be placed on: Consent Agenda .X.. Regular Agenda Workshop Agenda Special Agenda When: February 4~ 2003 Description of Agenda Item (who, what, w~ere, how much): Request awarding Bid #2003-09, landscape maintenance on two baseball fields at Pompey Park, to Sports Turf One, Inc. in the amount of $21,731. This will be funded out of account #001-4131-572-34.90. Accounting from year 2003 - 2004 budget. Current contract expires in Feb. 2003. Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available :(~/ No initials:(~, ! ~o, Account Number oo I--~ Description O Jrk~ (~ +~.~.,c J~,~c,- Funding ~ternatives: (if app~cable) City Manager Review: Approved for Agenda: Hold Until: No Initials: Agenda Coordinator Review: Received: City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www. delrayesd, com TO: FROM: DAVID T. HARDEN City Manager VICTOR MAJTENYI ~ Assistant Construction Manager SUBJECT: Community Teen Center Skate Park, PfN 2001-023 Contract Award DATE: JANUARY 27, 2003 Attached is an Agenda Request for City Commission to approve an award of contract to RPM General Contractors, Inc. for the construction of a Community Skate Park feature. The project includes the construction of a 10,000 SF skate park at the Community Teen Center. The work consists of concrete flatwork, chain link fencing, electrical power and site lighting, grading and drainage, concrete dumpster enclosure, and landscaping. The skate ramps and associated equipment will be purchased through a separate state negotiated contract. On Thursday, January 23, 2003, the City opened bids for this project with the lowest responsive bid from RPM General Contractors, Inc. at $163,561.20. A copy of the bid tabulation is attached for your review. Staff recommends City Commission award the contract to RPM General Contractors, Inc. in the amount of $163,561.20 for the construction of the Community Teen Center Skate Park project, P/N 2001-023. RPM General Contractors, Inc. has successfully completed the ESD & Police Department Interior Improvements and the rebuild of the Fire Headquarters Cupolas. Funding is available from 11%6111-519-63.40, Recreational Impact Fee Fund/Recreational Improvements. Richard Hasko; Director of ESD Joe Weldon; Director of Parks & Recreation Randal Krejcarek, City Engineer Rafael Ballestero, Dep. Dir. of Construction City Clerks Office Agenda File 02/04/03 File 2001-023(A) $ ~Eng.4dmtnh°rojectsl200112001-0231CONSTRCT~tgnd memo RPM 02. 04.03 doc AGENDA REQUEST Agenda Item No.: Request to be placed on: DATE: January 27, 2003 X Regular Agenda Special Agenda Workshop Agenda When: February 4, 2003 Description of item (who, what, where, how much): Award of contract to the lowest responsive bidder, RPM General Contractors, Inc. in the amount of $163,561.20 for the construction of a Community Skate Park feature, PIN 2001-023. The project includes the construction of a 10,000 SF skate park at the Community Teen Center. The work consists of concrete slab, chain link fencing, electrical power and site lighting, grading and drainage, concrete dumpster enclosure, and landscaping. The funding for this project will be from the following account: Fundin9 Source Recreation Impact Fund/Rcrtn Imprt Account Number 117-6111-519-63.40 Amount $163,561.20 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to construction of the Cxoj:~munity Skate Park, PiN 2001..~3. Department Head ~.~.~~ Signature: Determination of Consistency with Comprehensive Plan: RPM General Contractors, Inc. for the City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available YES/NO Funding alternatives Account No. & Description Account Balance City Manager Review: ~/ ~ Approved for agenda: NO Hold Until: (if applicable) . ~ / /~...~, ~ ~ : See above//.~'~///,.~"/~ - ~, ~, ~ ~ e~ ? ~ ~ ~ / ~ ~ ~[~ w See above ~_ ~ d~ ~ Y/~ ~/~ .... / II / f Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2001-023(A) S:~ngAdmin~rojccts~2001~2001-023\CONSTRCT~agnd rcq RPM 02 04.03.doc TO: THRU: FROM: ~T. H~JTY MANAGER P"U~%~O LING ECTOR OF PLANNING & ~ ~iARKiNG MANAGEMENT ~pOENIcINAGLisT SUBJECT: MEETING OF FEBRUARY 4, 2003 - REGULAR AGENDA APPROVE A REQUEST FROM DHARMA HOLDINGS LTD. FOR A WAIVER TO LAND DEVELOPMENT REGULATIONS (LDR) SECTION 2.4.6(H)(3)(D)7 REQUIRING THEIR TEMPORARY PARKING LOT TO BE RESTORED TO ITS ORIGINAL CONDITION AND APPROVAL FOR THE SITE TO BE UTILIZED FOR PARKING DURING SPECIAL EVENTS In October of 1998, pursuant to LDR Section 2.4.6.(H)(3)(d), Dharma Holding LTD. was issued a temporary parking lot permit on their property located on the south side of SE 1st Street, between rd SE 3 Avenue and the FEC Railroad. At that time required perimeter landscaping (Sea grape hedging), and lighting were installed. The north 1/3 of the lot is paved and the balance contains shell rock with paver brick walkways. LDR Section 2.4.6(H)(3)(d)5 allows the renewal of the temporary permit for a maximum of three years. Extensions were approved and the three year maximum expired on October 2, 2001. In November, 2001 the applicant sought a waiver to extend the temporary parking lot permit for an additional year. At that time, pursuant to LDR Section 2.4.7(B)(5) a waiver analysis was conducted. The Parking Management Advisory Board at their November 27, 2001 meeting unanimously recommended approval of the applicant's request. At the City Commission meeting of December 4, 2001 the applicant's request failed to receive approval with a 2-3 vote (Commissioners Levinson, McCarthy and Perlman dissenting). Consequently, the Temporary Parking Lot Permit remains expired. LDR Section 2.4.6(H)(3)(d)7 requires restoration of the lot to its original state within thirty days of the expiration of the permit. The applicant is requesting a waiver to LDR Section 2.4.6(H)(3)(d)7 requiring the property be restored so the lot may be utilized for parking during special events. The utilization of the lot in its current condition for special events provides a safer more stable surface than sod which is the basis for support of this waiver. This request is being brought before you for reevaluation based on recent concerns expressed through the Government Affairs Committee and local business owners that the elimination of this lot for special event parking would be detrimental to both local businesses and the organizations holding these events in the City. Utilization of the lot on a limited basis (for larger events) appears prudent. Special events for this purpose shall be defined as events not exceeding five (5) days in duration and that are open to the general public. The Parking Management Advisory Board, at their meeting of January 27, 2003 unanimously recommended approval of the applicant's request. By motion, approve the waiver request from Dharma Holdings LTD. allowing their former temporary parking lot located on Block 86 to remain in its current condition and the site be utilized for parking for special events as defined above. [ITY DF I]ELAflY BEfl[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Wdter's Direct Line: 561/243-7091 MEMORANDUM January 31, 2003 City Commission David Harden, City Manager Susan A. Ruby, City Attorney North 16 Feet of Lots 7 and 13, Block 77 - Offer in Eminent Domain The City Commission approved Resolution 94-02 authorizing the commencement of eminent domain proceedings (see attached). We have obtained a site plan, environmental study, and an appraisal of the property in the amount of $80,000.00 on a fee simple, market value basis. At this time, we are seeking authorization to proceed to make an offer, as required by Florida Statutes, in the amount of $80,000.00 and to proceed to do a "Quick take" of the property as outlined in the attached memorandum from Bill Doney. Please place this matter on the City Commission agenda for February 4, 2003. Attachments Cc: Barbara Garito, City Clerk Bill Doney, Esq. Robert Federspiel, Esq. RF~OLUTION NO. 94-02 A KESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIKEL'TING THE ACQUISITION OF FEE SIMPLE TITI.R TO CERTAIN REAL PROPERTY I-1EI~EAFI'E~ DESCRIBR_D FOP, THE PUBLIC PURPOSE OF CI.FARING TITLR TO THE SUBJECT PROPERTY, FOR PROVIDING PUBLIC PARKING IN DOWNTOWN DELKAY BEACH AND FOR STIMULATING ECONOMIC DEVELOPMENT IN THE DOWNTOWN AKEA OF THE CITY OF DEI.RAY BEACH; DE~G THAT THE ACQUISITION OF THE PROPERTY IS NECESSARY FOP. SAID PUBLIC PURPOSE; AUTHORIZING THE HIRING OF LEGAL COUNS~.I.. APPRAISERS, AND EXPERTS IN OTHER DISCIPLINES AND THE FILING OF EMINENT DOMAIN PROCEEDINGS PURSUANT TO CHA~ 73 AND 74, FLORIDA STA'ITITF~; PROVIDING AN EFFECTIVE DATE; AND FOP, OTHEK PURPOSES. WHER. F_,AS, on ot about September 14, 1936, the City of Delmy Beac~ was gnmtee on a cextain Right-of-Way Deed recorded at Deed Book 533, page 103 concerning certain lands more pattictg~ legally described on attached Earhihit "A"; WHEREAS, said Right-of-Way Deed contains a provision stating that the lands conveyed therein be used for public street purposes '%vith the express undexstanding and condition that should the same ever be discontinued o~ abandoned as a public street, the title to the same shall thereupon ~evert to and x~vest in the psx~des of the first pax% o£ assigns"; and WHEREAS, aince the date of ~ Right-of-Way Deed, the City of Delmy Beach h~ con 'tmuously ufili~_ed the subject lands for public putpose~. However, for ia excess of twenty-one (21) yearn, the lands have not been utili~,ed as a public street but rather have been used for public WHEREAS, the City of Delmy Be~ch ia currently a ~ to an Agreement with Block 77 Development Group, LC. dated Januazy 4, 2000;, and WHEREAS, pursuant ~o said Agreement, the City of Delta¥ Beach is obligated to convey certain hnds, including those lands described in attached Exhibit "A" to the Delray Be~ch Community Redevelopment Agency in fxmhemnce of a mixed use, redevelopment project on Blocks 77 and 69, TOWN OF LINTON; and WHEREAS, said redevelopment project will increase public paxid~ in downtown Deltay Beach and p~ovide fo~ improvements to Wotthing Pzdq a City par. k; and WHEREAS, said redevelopment project will include the construction of app~ox4m~tely 219 residential apa~iment units and approximately 18,000 SF of commercial and/o~ retail space in the downtown a~ea of the City of Delray Beach; and WHEREAS, s~l redevelopment project will provide economic stimulation and investment in the Central Business District and ~ increase night-time activity in the downtown area; and WI4~, it is necessary for the City of Deltay Beach to remove or eliminate the deed testticfion/.zverter set forth in the above conveyance so that the City may continue to use the subject property for public p~rldng or, in the altemathre, so that the City has clea~ rifle to ssdd lands in order to convey the szme to the Delmy Be~ch Community Redevelopment Agency for redevelopment proposes; and WHEREAS, the ~l_..~n§ of the title to the subject lands in o~der to permit its continued use for parking or as a component of a redevdopment project serves the public purpose of ~edevelopment and stimulating economic dev~opment pursuant to Secdon 166.021(9), Fh. Stat, in the downtown ~ of the City of Defray Beack NOW, THERI~.i~ORE, BE 1T RF_~OLVED BY THE CITY COMMISSION OF THE CITY OF Dw. rRAY BEACH, FLORIDA THAT: ~ The City Commhsion adopts md ratifies those matters set forth in the foregoing ~ecitzls. ~ The City Commission hereby finds that it ia nece~-y to acquire the lands described on attsched ~_~hlbit "A" for the public purpose of clearing title to the subject property, for p~viding public parking and for redevelopment and stimulating economic development in the downtown smsa of the City of Delray Beach. ~ The City Attorney or her designee, is hereby authorized smd directed to proceed to take sll necess~.y steps, including the hit/rig of Vance, Doney & MacGibbon, Pffk. md other legal coumel, appraise~ and expem in other disciplines, as necessary, for the City of Delmy Beach to acquire said p~operty smd the City Attorney, or her designee, shall prepare in the name of the City of Delmy Beach sdl papers, ple~ain~ and other instruments required for the purpose, and to see that all eminent domain p~oceedings ate prosecuted to judgment pu~_,_~,~t to Chapter 73 and 74, Florida 2 RES. NO. 94-02 ~ The City attorney and the City Manager ~re hereby authorized and dkected to take such other further actions as are reasonably ~equired to fully accomplish the purposes he~ei~bove dkected. ~ Th/s Resolution shall take effect immediately upon passage. PASSED .AND ADOPTED this .n~ day of~ 2002. Attest: City Clerk CITY OF D~.LRAY BEACH, FLORIDA MAYOR 3 RES. NO. 94-02 FROM :UANCE,DONEY&MACGIBBON FAX NO. :56168~08B~ Jan. 30 2003 0~:29PM Pi Law O~fices VANCE, DONE¥ & MacGIBBON, P.A. SUITE 4C, I~J~ISTERS B~.Rt,DI~G 1615 FORUM PLACE WEST PALM BEACH, FLOJK[DA ,~340 ! William P. Doney B. Douglas MacGibbon Jnmes W. Vnp. ce Retied 30, 2O03 Telephone (561) 684-5544 Fa:simile (561) 684-0833 Email:vancedoneypa~Yyahoo.com Susan Ruby City Attorney City of Delray Beach 200 N.W. First Avenue Delray Beach, FL 33444 Re: Eminent Domain Proceedings - Block 77 North 16 Feet of Lots 7 and 13, Block 77 The appraisal report was recently received concerning the above-referenced property providing an opinion of market value of $80,000.00. If the City desires to proceed with eminent domain proceedings, the fa'st step will be that a statutory offer and notice letter be sent to the property owner pursuant to Section 73.015, Fla. Stat. This letter will make a formal offer to purchase the subject property and will go on to explain the landowner's rights in the event eminent domain proceedings are filed. There is a 30-day period intended for negotiation following the receipt of the offer letter by the owner in which eminent domain proceedings may not be filed. Following the expiration of 30 days, suit may be filed and, I anticipate tint the City will avail itself of the provisiom of Chapter 74, i.e. file a "quick taking" proceeding. A hearing concerning the requested Order of Taking is usually scheduled from 60 - 90 days following the filing of the lawsuit and, if successful, the City will then be required to deposit its appraised value of the property into the Court Registry and title to the land will vest in the City. 01/30/03 THU 16:24 [TX/RI NO 5960] FROM :VANCE,DONEY&MACGIBBON FAX NO. :56168488J3 Jan. 30 21~3 04:29PM P2 Susan Ruby, City Attorney January 30, 2003 Pal~ 2 I utxterstand tl~t you tony wish to hnve th~ City Corr~nission authorize the institution of the-above-referenced procedm~ by authorizing the initial offer. WPD/ks 01/30/03 THU 16:24 [TX/RX NO 5960] Memo CC: Dato: R~. City Commission David Harden January 31, 2003 South Flodda Black Pages We have received a request from South FIodda Black Pages to place an ad in their 2003 edition. The South Florida Black Pages is a listing of black owned businesses in South Florida, especially Palm Beach County. In the past they have charged businesses to be listed in their publication. This year the basic listing is free, so they are seeking to finance the publication through the sale of ads. A copy of their rate card for the 2003 edition is attached. Since this was not in our budget, I told them that we could only do an enhanced listing for $75. However, they am asking that we at least place a half page ad for $675. Them is enough money in Special Events Contingencies to pay for a half page if the Commission wishes to do that. Also attached are copies of some ads placed by other municipal organizations last year. Recommendation: Commission discretion. 2002 South Florida Black Pages Directory Financial Services Palm Beach County Black Business Investment Corporation 2001 Broadway, Suite 250 Riviera Beach FI 33404 Phone: (561) 845-8055 Fax: (561) 863-0897 Flooring~ Tile and Carpet A Carpet Showcase Ted Graham 1119 48th Street #5 West Palm Beach FI 33407 Phone: (561) 848-2445 Florists Stevens Flower Shop 1813 Tamadnd Avenue West Palm Beach FI 33407 Phone: (561) 833-7477 Fax: (561) 683-0150 *See our display ad on page 17 Fraternities Alpha Phi Alpha Fraternity, Inc. Delta Delta Lambda Chapter President, Mr. Berkley Finley PO Box 866 West Palm Beach FI 33402 www. alphaphialpha.net Iota Phi Theta Fratermty, Inc. National Headquarters 1600 N Calvert Street Baltimore, MD 21244 Phone: (410) 752-5748 www. iotaphitheta.org Kappa Alpha Psi Fratermty, Inc. National Headquarters 2322-24 North Broad Street Philadelphia, PA 19132 Phone: (215) 228-7184 www. kappaalphapsi.com Omega Psi Phi Fraternity, Inc. Lambda Alpha Alpha Chapter Basileus, Mr. Al Edmunds PO Box 1179 Delray Beach FI 33447 www. omega psiphifraternity, org Phi Beta Sigma Fraternity, Inc. Gamma Zeta Sigma Chapter PO Box 8766 West Palm Beach FI 33407 Funeral Homes Stevens Brothers Funeral Home Darryl L. Stevens, Licensed Funeral Director Roderick W. Stevens, Licensed Funeral Director 1803 North Tamarind Ave West Palm Beach R 33407 Phone: (561) 833-5526 Fax: (561) 833-0336 Government Offices City of Boynton Beach 100 E. Boynton Beach Blvd. PO Box 310 Boynton 8each FI 33425-0310 Phone: (561) 742-6320 www. boynton-beach.org I" cit-, , A winning of ,_O ozFOnBvnt Beac ideafor Registe and see .bid opportunities at www. boynton-beach.org small business success! The City of Boynton Beach can help small, minority and woman-owned businesses by matching our needs to your products and services. "Success is a journey, not a destination." Ben Sweetland 2002 South Florida Black Pages Directory Mayor Clarence Anthony PALM BEACH cOUN :'CON EREN E 'OF BLACK ELECTED OFFICIALS 300 W. 25th Street, Riviera Beach 33404 ° (561) 842-4840 The Palm Beach County Conference of Black Elected Officials CHAIR, Mayor Clarence Anthony VICE CHAIR, County Commissioner Addie Greene Secretary, Councilperson Sylvia Lee Blue TREASURER, Port Commissioner Rafael Rondon PARLIAMENTARIAN, Commissioner President Isaac Robinson, Jr. HISTORIAN, Vice Mayor Alberta McCarthy "Providing Diverse Leadership to Strengthen Palm Beach County." Beauty Salons & Services Continued Premier Beauty Salon, Inc. Brenda Lougheed, Owner 911 Park Avenue Lake Park FI 33403 Phone: (561) 848-9200 T'Elegance & Company Salon, Inc 1558 Palm Beach Lakes Blvd., Suite 4 West Palm Beach, FL 33401 For appointments: (561) 687-1515 Terry's Hair Studio Terry Francisco 29 East Blue Heron Blvd Riviera Beach FI 33404 Phone: (561) 844-1285 Beauty Supplies Blaise Satin Wrap Caps Joanne Blaise, Owner PO 8ox 221832 West Palm Beach FI 33422 Phone: (877) WRAP CAP (877) 972-7227 Blaisejo@aol.com As Palm Beach County is gr6wing, So is Karline's Full Service Salon & Spa One of Palm Beach County'~s mos~ successful multi-cultural Salons Say "Thank You" to the many businesses and professionals who made this d~rectory possible. Use the services they provide and let them know you found them in the South Honda Black Pages! II l~ll ~ l~lilllll 1900 Okeechobee Blvd, SUite sA, WeSt Palm Beach, FL 33409 Phone (561) 687-7690 Fax (561) 687-7695 "Come in and experience the essence of Karline~s for,yo~rs,elP? 911 Pa&Avenue Lake Park, FL aa4oa (56~) 848-~oo sa.ih F/vrida Black Pages Business Hours: Tues, Wed, Sat: 9am - 6pm Thurs & Fri: 9am - 9pm · Hair · Perms · Braids · Facials · Nails · Waxing · Relaxers · Massage 11 5o~th Florida Black Pages South Rorida Black Pages RO. Box 4324. Boynton Beach, FL 33437 t~ 561.424.0517 · I~ 561.734.5401 www. sfblackpages.com I I MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # \[~ ORDINANCE NO. 1-03 POLICIES AND BENEFITS") - REGULAR MEETING OF FEBRUARY 4. 2003 (AMENDING CHAPTER 35 "EMPLOYEE JANUARY 31, 2003 This ordinance is before Commission for second reading and public hearing to amend Chapter 35 "Employee Policies and Benefits" of the Code of Ordinances by amending Section 35.056, "Designation of Personnel as Critical to Security". Ordinance No. 1-03 provides for the fingerprinting and national/statewide background checks of private contractors, vendors, repair, and delivery personnel with access to publicly operated facilities within municipalities designated as critical to security. At the first reading on January 21, 2003, the City Commission passed this ordinance. Recommend approval of Ordinance No. 1-03 on second and final reading. S:\Caty Clerk\chevelle folder\agenda memo. Ord 1.03Employee 2.4.03.doc [lTV OF DELRIIV BEI:IrH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: January 14,2003 MEMORANDUM Writer's Direct Line: 561/243-7090 TO: David T. Harden, City Manager FROM: Terrill Pyburn, Assistant City Attorney SUBJECT: Second Revised Amended Security Ordinance Please find enclosed the second revised amended security ordinance, including changes made for further clarification as to which public facilities are designated as critical to security. If this meets with your approval, then please place it on the agenda for the January 21, 2003 City Commission Meeting and remove the previous amended security ordinance. Please let me know if you have any questions. Thank you. ORDINANCE NO. 1-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY AMENDING SECTION 35.056, "DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR PRIVATE CONTRACTORS, VENDORS, AND REPAIR AND DELIVERY PERSONNEL WHO HAVE ACCESS TO ANY PUBLICLY OPERATED FACILITIES, WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, there are certain employment positions which are designated as critical to the security of the City; and WHEREAS, the City Commission has determined it to be in the public's best interest to subject contractors, vendors and repair and delivery personnel who have access to facilities critical to security to fingerprinting and background checks in order to ensure safety and security in accordance with Section 166.0442, Fla. Stat. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", of the Code of Ordinances of the City of Delray Beach, is hereby amended by amending Section 35.056, "Designation of Personnel as Critical to Security" to read as follows: Section 35.056 DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY. (A) All departments designated herein as critical to security shall require that any person applying for, appointed to, contracted by or continuing employment in, any such department or in any such facility which is decided to be critical to security shall be fmgerptinted in accordance with Section 166.0442, Fla. Stat. The fingerprints shall be submitted to the Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the City to determine an applicant's eligibility for employment or appointment and may determine the employee's eligibility for continued employment. Refusal to submit to fingerprinting and background checks may result in discipline up to and including termination of already existing employees or a decision not to hire new applicants. (1) Employees, applicants, contractors, vendors and repair and delivery. personnel who enter into from the following divisions and departments, aee hereby des ated as critical to sec ~ ,~ .......... et' ............... ~,.,~y ............... ~ a ............ a '~:-:~:--~ shall be subjected to fingerprinting and background checks: (a) Police (b) Management Information Systems (c) Fire-Rescue (i) Exemptions: Fire Fighters, Fire Fighter Candidates, and Paramedics shall be governed by applicable fingerprint requirements as established by chapters 401 and 633 of the Florida Statutes and/or other admimstrative rules attendant thereto; and with respect to new applicants, they may be subjected to administrative background investigations in addition to county, state and national criminal history checks which are now or may be established in the future by the Fire-Rescue Department. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 ORD. NO. 1-03 PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2003. A~TEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 1-03 FDLE Post Office Box i~1~9 ~ Florida Department of Law Enforcement James T. "Tim" Moore Commissioner CHminal Justice Information Services Tallahassee, Florida 32302-1489 www. fdle.state.fl.us December 17, 2002 City of Delray Beach ATTN: David T. Harden Manager 100 Northwest 1st Avenue Delray Beach, FL 33444--2698 ~ECEtVED DEC 2 0 2002 CFr¥ i~*~ANAGER Dear Mr. Harden: We are writing to let you know about a new law that will allow local governments to obtain national criminal history information based on local ordinances. In accordance with ss. 125.5801 or 166.0442, F.S. (passed as SB 954), the Florida Department of Law Enforcement (FDLE) User Services Bureau (USB) offers local governments access to state and national criminal history information for employee/vendor screening. This permits counties and municipalities to require, by ordinance, state and national background (~hecks for the following: a) Prospective and continued employment screening for positions critical to security or public safety; and b) "Employment" screening for private contractors, vendors, repair persons, and delivery persons who have access to public facilities/publicly-operated facilities that is critical to security of public safety. Screening requires fingerprint-based state and national criminal history checks.tb._rough FDLE and the FBI. This means that each person you are screening must have his or her fingerprints rolled on a hard copy fingerprint card or on an approved live scan device. There is a $39.00 fee for each submission ($15.00 for the state processing and $24.00 national). The local ordinance must reference "fingerprints" and the text must specifically refer to ss. 125.5801 (for county ordinances) or 166.0442 (for city ordinances), F.S., in order to qualify for access to FBI criminal history information. The dissemination of FBI criminal history information may not be issued to private entities under this statutory provision. Committed to Service · Integrity · Respect · Quality RECEIVED DEC 2 6 2002 CITY ATTORNEY Mr. David T. Harden Page 2 December 17, 2002 After a local ordinance is passed, the local authority must request an account with FDLE to submit requests for fingerprint-based state and national criminal history checks. The USB, Applicant Section, will work with the requesting authority to: a) Secure approval of the language of the new ordinance along with a new ORI number from the FBI; b) Set up a billing account for these requests; and c) Establish a method of submission of requests. In order to establish an account or if you have any questions regarding this new mechanism for national criminal history record checks, please contact the Government Analysts Barbara Williams at (850) 410-8161 or Cynthia McGollie at (850) 410-8681. Sincerely, James T. Moore, Commissioner Florida Department of Law Enforcement Martha Wright, Chief User Services Bureau MW/cm statutes->View Statutes->2002->Ch0166->Section 0442: flsenate.gov Page 1 of 1 fJsenate.gov View Statutes Select Year.' 12'002 WeloomB Session Committees S.nators Information Lnbbyist Center Information Search Statutes Constitution Laws of Florida Order The 2002 Florida Statutes Title Xl! Chapter 166 View Entire Chapter MUNICIPAL[TIES MUNICIPAL[TIES 166.0442 Criminal history record checks for certain municipal employees and appointees.--Notwithstanding chapter 435, a municipality may require, by ordinance, employment screening for any position of municipal employment or appointment which the governing body of the municipality finds is critical to security or public safety, or for any private contractor, employee of a private contractor, vendor, repair person, or delivery person who has access to any public facility or publicly operated facility that the governing body of the municipality finds is critical to security or public safety. The ordinance must require each person applying for, or continuing employment in, any such position or having access to any such facility to be fingerprinted. The fingerprints shall be submitted to the Department of Law Enforcement for a state criminal history record check and to the Federal Bureau of Investigation for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the municipality to determine an applicant's eligibility for employment or appointment and to determine an employee's eligibility for continued employment. This section is not intended to preempt or prevent any other background screening, including, but not limited to, criminal history background checks, that a municipality may lawfully undertake. History.--s. 2, ch. 2002-169. Welcome · Session · Committees · Senators · Information Center · Statutes and Constitution LobbyTst Information Disclaimer: The information on this system is unverified. The Journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2002 State of Florida. Contact us. Privacy Statement http://www~~s~nat~~g~v/Statut~s/ind~x~cfm?App-m~de=Disp~ay-Statute&Search-String=~~~ 12/31/2002 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~Z> . REGULAR MEETING OF FEBRUARY 4, 2003 ORDINANCE NO. 2-03 {AMENDING CHAPTER 34 "ELECTIONS") JANUARY 31, 2003 This ordinance is before Commission for second reading and public hearing to amend Chapter 34 "Elections" of the Code of Ordinances by amending Section 34.03, "Notice of Elections". Due to Federal law, we are required to publish all of our election advertisements in both English and Spanish. Ordinance No. 2-03 helps to hold down our advertising costs by removing the requirement to list all the polling place locations in the election proclamation and harmonizes our advertising requirements with state law. At the first reading on January 21, 2003, the City Commission passed this ordinance. Recommend approval of Ordinance No. 2-03 on second and final reading. S:\Ctty Cierk\chevelle folder\agenda memo. Ord 2.03Elect~ons 2.4.03.doc ORDINANCE NO. 2-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DF. LRAY BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", HEADING, "GENERAL CONDITIONS", OF THE CODE OF ORDINANCES, BY AMENDING 34.03, "NOTICE OF ELECTIONS", TO PROVIDE FOR PUBLISHING OF NOTICES IN ACCORDANCE WITH LAW, FOR ADDITIONAL NOTICES AND FOR POSTING OF CERTAIN NOTICES; 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: Scftion 1. That Chapter 34, "Elections", of the Code of Ordinances is hereby amended by amending Section 34.03, "Notice of Elections", to read as follows: Section .34.3 NOTICE OF EI,ECTIONS. (A) The Mayor (or Vice-Mayor) shall by proclamation give notice of all elections and cause the proclamations to be published :- ~ ~^~n.. ~;~..:u .... a c^. ...... follows: ....... ~ ........ nc-,vapapcz aa ....... as (1) For the first nonpartisan election, once each week in the two weeks preceding the election. (2) For the second nonpartisan election, if necessary, once in the week preceding the election. (3) For all special elections ....... t. ..... ~. :_ a. ......... ~ ....... .~:__ a. ..... ~. .............. no ce shall be en as re ed aw. CB) The proclamation shall contain the following: (1) The date of the election. (2) The purpose of the election. (-4-)~.~ The hours during which voting shall take place. {g)~,.4~ Who can vote in the election. ('80 Code, Sec. 2-21) (5) Other information as may be required by law. (C) Additional Posting Required: In addition, the City Clerk shall post in a conspicuous place in City Hall, a list of the precinct numbers and addresses of the polling places to be used, changes to any polling place, and the proclamation set forth above. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective mediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2003. AT]TEST: MAYOR CITY CLERK First Reading Second Reading Typed: 1/13/03/ci 2 ORD. NO. 2-03 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ / AGENDA ITEM # /~-/5 - REGULAR MEETING OF JANUARY 21, 2005 ORDINANCE NO, 2-03 (AMENDING CHAtrrER 34) JANUARY 17, 2003 This ordinance is before Commission for first reading to amend Chapter 34, "Elections", Section 34.03, "Notice of Elecfons", of the City Code of Ordinances. Because of the percentage of Hispanic residents in Palm Beach County as a whole, Federal law requires that all election advertisements be published in both English and Spanish. This is required even though the City of Delray Beach has far less than the percentage of Hispanic residents which triggers the dual advertising requirement. This proposed amendment to the City Code will help hold down our advertising costs by removing the requirement to list all the polling place locations in the election proclamation. I believe this is an archaic requirement, left over from the days when the City ran its own elections and established its own polling places. Today, all our polling places are the same as for other elections, and the locations are printed on every voter registration card. We wood still post the locations conspicuously in City Hall. The amendment will also harmonize our advertising requirements with state law. Under our present code, we would have to do double advertising for special elections in order to satisfy both the Code and the Statutes. Recommend approval of Ordinance No. 2-03 on first reading. S \C~ty Clerk\chevelle folder\agenda memos\Ord 2-03.01 21 03 CITY OF DELRrlY BEACH RECEIVED C~T¥ i~,,iANAG~=R CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 ~993 DATE: Janua~ 13,2003 MEMORANDUM Wdter's Direct Line: 561/243-7091 TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance Amendinq Section 34.03 of Chapter 34 - Elections Please review the first draft of the above-referenced ordinance. Also attached, please find information compiled by the City Clerk's office for your information. By copy of this memorandum and ordinance to Barbara Garito, City Clerk, I am requesting that you both review this ordinance and forward your comments to me. Than~ SAR:ci- 'J Attachments Cc: Barbara Garito, City Clerk ORDINANCE NO. 2-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", HEADING, "GENERAL CONDITIONS", OF THE CODE OF ORDINANCES, BY AMENDING 34.03, "NOTICE OF ELECTIONS", TO PROVIDE FOR PUBLISHING OF NOTICES IN ACCORDANCE WITH LAW, FOR ADDITIONAL NOTICES AND FOR POSTING OF CERTAIN NOTICES; 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: Section 1. That Chapter 34, "Elections", of the Code of Ordinances is hereby amended by amending Section 34.03, "Notice of Elections", to read as follows: Section 34.3 NOTICE OF ELECTIONS. (A) The Mayor (or Vice-Mayor) shall by proclamation give notice of all elections and cause the proclamations to be published,,;'-, a ,,...,,..,,~"'"'~'" ...,,..,'~;-'*-~"'*"'~,....,..,.. ............. ~^" ...... follows: ...... ,~,..,.. ............. as (1) For the first nonpartisan election, once each week in the two weeks preceding the election. (2) For the second nonpartisan election, if necessary, once in the week preceding the election. (3) ' For all special elections, once """~' ..... ~' :n *~'" *' ........ ~'o .... ~-~ *~ ...... ~ ~ thc ~' ~'~*~" notice shall be given as required by law. (B) The proclamation shall contain the following: (1) The date of the election. (2) The purpose of the election. (4-) 3~J The hours during which voting shall take place. (-6)(4) Who can vote in the election. ('80 Code, Sec. 2-21) (5) Other information as may be required by law. (C) Additional Posting Required: In addition, the City Clerk shall post in a conspicuous place in City Hall, a list of the precinct numbers and addresses of the polling places to be used, changes to any polling place, and the proclamation set forth above. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2003. MAYOR A'I-rEST: CITY CLERK First Reading Second Reading Typed: 1/13/03/ci Memo To: Subject: Date: Susan Ruby, City Attorney Barbara Garito, City Clerk ~ Loretta McGhee, Deputy City Clerk Election Advertising - Other Municipalities January 6, 2003 We have been asked by the City Manager to take a look at other municipalities to see how they are handling their election advertising based on the new requirement of advertising everythh~ that has to do with the election in both English and Spanish. We are looking for ways to comply, yet keep our legal advertising cost down. We currently advertise: 1. Notice of Election Ad a. Book Closing, Election Date, Officers b. Qualifying Period and Requirement c. L & Atests d. Absentee Ballot 2. S~mple Ballot 3. Pollirtg location changes, if any 4. Code currently requires a proclamation locations) (with precincts and voting Other municipalities advertise: 1. Notice of Election Ad 2. Code calls for resolution or proclamation a. Boynton Beach has a 5 page proclamation b. City of Greenacres c. Town of P~]m Shores a 1 page proclamation d. Village of P~lm Springs 3 page resolution e. West Polm Beach 6-line Public Notice 3. Sample Ballot 4. Polling location changes, if any Please find copies of our Notice of Election legal ad and Proclamation. Also find samples for Boynton Beach, Greenacres, the Town of P~lm Shores, Village of Po]m Springs and West P_~]m Beach for your convenience. RECEIVED JAN 0 '7 2002. CiTY ATTORNEY CITY OF D~,t.RAY BEACH NOTICE OF Rt ,RCTIONS NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, will hold its First Non-Partisan Election on Tuesday, March 11, 2003 (with a Run-Off Election on Tuesday, March 25, 2003, if necessary). The purpose of the First Non-Partisan is to elect the Mayor and two (2) City Commissioners, each for a two-year term that will commence on Thursday, March 27, 2003. The official candidate qualifying period begins at noon, Tuesday, January 28, 2003, until noon, Tuesday, February 11, 2003. Any person seeking to qualify as a candidate must have been a resident of the City of Delray Beach, Florida, who became an elector of the City on or before September 1, 2002. The Palm Beach County Supervisor of Elections will close the voter registration books February 10, 2003 at 5:00 p.m. for the March 11, 2003 Election. To obtain an absentee ballot or to request the date when in-person absentee voting commences, contact the Palm Beach County Supervisor of Elections by culling 276-1226 (Delray Beach) or 561-656-6200 (West Palm Beach). Photo ID must be submitted at the time of voling. Logic and Accuracy Test will be held at 240 South Military Trail, at the Supervisor of Elections office in West Palm Beach, on Monday, March 3, 2003 at 10:00 a.m. CITY OF DELRAY BEACH, FLORIDA Barbara Garito, CMC City Clerk PUBLISH: Boca Raton/Delray Beach News January 9 and 16, 2003 CITY OF DRLRAY BEACH NOTICE OF I:.I.RCTIONS NOTICE IS HEREBY GIVEN, that the City of Dehay Beach, Florida, will hold its First Non-Partisan Election on Tuesday, March 11, 2003 (with a Run-Off Election on Tuesday, March 25, 2003, ff necessary). The purpose of the First Non-Partisan is to elect the Mayor and two (2) City Commissioners, each for a two-year term that will commence on Thursday, March 27, 2003. The official candidate qualifying period begins at noon, Tuesday, January 28, 2003, until noon, Tuesday, February 11, 2003. Any person seeking to qualify as a candidate must have been a resident of the City of Delray Beach, Florida, who became an elector of the City on or before September 1, 2002. The Palm Beach County Supervisor of Elections will close the voter registration books February 10, 2003 at 5:00 p.m. for the March 11, 2003 Election. To obtain an absentee ballot or to request the date when in-person absentee voting commences, contact the Palm Beach County Supervisor of Elections by c~lling 276-1226 CDelray Beach) or 561-656-6200 (West Palm Beach). Photo ID must be submitted at the time of voting. Logic and Accuracy Test will be held at 240 South Military Trail, at the Supervisor of Elections office in West Palm Beach, on Monday, March 3, 2003 at 10:00 a.m. CITY OF DR).RAY BEACH, FLORIDA Barbara Gafito, CMC City Clerk PUBLISH: El Latino SemanaI January 10 and 17, 2003 ~~'llHtE/l~, the Ch~-x~ of the City of Delmy Beth, Florida, p~ovides for the ,-~l!!ng ora First Nonp~s~ for the putl~ose of electing officers of the City Commission; md ~FI-t~, pursuant to said Chartex p~ovisions, the Commmsion deems it necess~-y to call for the Fwst Nonpaxtisan on the second Tuesday of Ma~ch each yeag, and ~H~lg~, pu~zuant to said Chartex it i~ deemed that the F~rst Nonpartisan be held at this fmc. NOW, THEREFORE, I, DAVID W. $CHMIDT. Mayor of the City of Del~y Beach, Florida, on behalf of the City Commission, do hereby ~ for the First Noopanisan and Special Election to be hdd on Tuesday, March 11, 2003, between the hou. of 7:00 a.m. sad ?:00 p.m., with all the precincts and polling places in the City of Delray Beach, ~s desigr~ted by the Supervisor of Elections for Palm Beach County, being as follows: Poll/no ~12 ~14 ~16 ~18 4048 4052 ~56 4058 4O6O 4062 4066 4O68 ~70 ~72 ~76 ~82 5~2 71~ 71~ 71~ 71~ 7150 71~ 71~ 7156 7158 7100 71~ 71~ 71~ 7168 7170 7172 71~ 7176 7178 Banyan Creek Elementary School, 4243 Sabal Lakes Road Pines of Deltay N Clubhouse, 1641 NW 18· Avenue Banyan C, teek Elementa~ School, 4243 Sabal Lakes Road Detray Adult R-ec~eafion Center, 802 NE 1~ S~xeet Dekay Adult Recxeat~on Center, 802 NE 1~ Street Country Manot~ Oubhou~e, 4900 Country Mano~ Blvd. Lakeview Baptist C. hutch, 2599 N Swinton Avenue Lakeview Bapfiat Chuxch, 2599 N Swinton Avenue West Park Church, 4004 Lake ida Road Delray Beach Golf Club, 2200 Highland Avenue 505 Club, 505 SE 5* Avenue l~.mm,nuel Catholic Church, 15700 S Military Trail Otchatcl View Elementary School, 4050 Old Germantown Road Pines of Delray East, 2451 Black Olive Blvd. Pines of Delray East, 2451 Black Olive Blvd. 505 Club, 505 SE 5* Avenue Sun Sentinel Auditorium, 3333 S Congt~s Avenue Sun Sentinel Auditorium, 3333 S Congtesa Avenue Lake Delray Aparanent~, 700 Lindeil Blvd. Boca-Dekay Church of Cl~ist, 620 Bluebird D~ve St. Paul's Episcopal Church, 188 S Swmton Avenue Abbey Delray South, 1717 Homewood Blvd. Delray Beach Golf Club, 2200 Highland Avenue Church Of The Palms, 1960 N Swinton Avenue Old School Square, 51 N Swinton Avenue Lakeview Bap~t Church, 2599 N Swinton Avenue Church Of The p~ma, 1900 N Swinton Avenue Temple Sinai-Ganien Room, 2475 W Atlandc Avenue West Pa~k Baptist Church, 4004 Lake Ida Road Pompey Pa~k Recreation Centex, 1101 N'W 2~ Street Old School Square, 51 N Swmton Avenue Old School Square, 51 N Swinton Avenue Dekay Adult Recreation Cente~, 802 NE 1" Street Temple Sinai-Gaxden Room, 2475 W Atlantic Avenue Temple Sinm-Ga~en Room, 2475 W Atlantic Avenue Village Academy, 400 $W 12~ Avenue DeLray Beach Community Centex, 50 NW 1~ Avenue Old School Squat% 51 N Swinton Avenue DeLray Adult Recreation Cente~, NE 1n Street Temple Sinai-Garden Room, 2475 W Atlantic Avenue St Paul's Ep~copal Chutr~ 188 S Swinton Avenue Boca-Deiray Church of Christ, 620 Blueba'd D~iv¢ ,.t~ ~ag. A~R~s~i~;ede~ecto~ftheCity~fDe~ayBeach~F~orida~shal~bequak~edtov~teinsuche~ection. Need to have pto~l-maliou approved at 2/18/03 Commission meeting and advertise. Wednesday, Febma~ 26~ and Wednesday, Match 5~ in the p~b~ Beach Post, Neighborhood Post, South Zone. CITY OF BOYNTON BEACH NOT/CE OF ELECTION The City of Boynton Beach will hold a General Election on Tuesday, November 5, 2002, for the purpose of filling the following offices: Commissioner from District X! Commissioner from District 1V Two-Year Term Two-Year Term (~UAL/FY~NG DATES FOR CANDXDATES: 12:00 Noon on Thursday, August 22, 2002 through 12:00 Noon on Thursday, September 5, 2002. All interested persons should contact the City Clerk at City Hall, 100 East Boynton Beach Boulevard, for election material packets, filing procedures, or other information. (Telephone Number: (561) 742-6060) All requests for absentee ballots should be made to Theresa LePore, Supervisor of Elections, Palm Beach County, 240 South Military Trail, West Palm Beach, FL 33416, Telephone No. (561) 656-6200. Publish: Janet H. Prainito, Cf, lC City Clerk CTFY OF BOYNTON BEACH THE PALN BEACH POST August 19, 2002 and August 26, 2002 C: City Manager City Attorney City Commission Files $:~CC~WI:~J. ECTION'~Noverrtmr 2002~3ecSon Ad~ELECTION AD (Announcement of ElectJ~) (fon'flerly ELECTAD}.doC January 3, 2003 PROCLAMATION I, Gerald Broening, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that a General Election will be held in the City of Boynton Beach, Palm Beach County, Rodda, on the 5th day of November, 2002 to election one City Commissioner for District II and one City Commission for District IV to serve a two year term expiring in November 2004. A Special Referendum Election will be held at the same time to vote YES or NO on the following Charter Amendments: Ordinance No. 02-36 ONE-YEAR RESIDENCY REQUIREMENT WITHIN DISTRICT FOR COMMISSION CANDIDATES PRIOR TO FILING FOR DISTRICT OFFICE An Amendment to City Charter Section 17, Composition, Election, Terms, Vacancies" This Charter does not currently require a candidate for a district commission seat to reside in the district from which he/she seeks election prior to election day. A "yes" vote to the proposed amendment would require that a candidate for a district commission seat reside in the district to which he/she seeks election one year pdor to filing for office. Should Section 17 of the Charter be amended as proposed? Yes.,. No Ordinance No. 02-037 DELE'I'[NG CHARTER PROVISION THAT REQUIRES MAYOR TO EXECUTE ALL CITY CONTRACTS An Amendment to Oty Charter Section 21, "Authority to Contract; Execution; Attestation and Seal" A vote of 'yes" would approve deleting a porlJon of Section 21 of the City Charter which now requires that the Mayor sign all City contracts. If the requirement is deleted, all contracts would be signed by the City Manager as the chief execuUve officer of the City. This amendment would not affect the current charter provision that requires Commission approval of contracts. Should Section 21 of the Charter be amended as proposed? Yes No Ordinance No. 02-038 CLARIFICATION OF THE CITY MANAGER'S AUTHORITY TO APPOINT OR HIRE CITY EMPLOYEES, An Amendment to Oty Charter Section 49, 'General Provisions" A vote of"yes" would approve an amendment to the City Charter which clarifies that the Oty Manager, as chief executive officer of the Ob/has the authority to hire, appoint, and discharge all City employees, with the need for Commission confirmation. The only exception would be the appointment or discharge of Assistant Oty Managers, which appointment or discharge shall require Commission confirmation. Should Section 49 of the Charter be amended as proposed? Yes No .. Ordinance No. 02-040 DELETE REQUIREMENT THAT MAYOR B]~D ON BEHALF OF cTrY AT ,JUDICIAL SALES. An Amendment to City Charter Section 72.3, "Duties, Powers, Privileges of Mayor" The Charter currently requires that the Mayor bid on behalf of the City at judidal sales. A "yes" vote on the proposed amendment would eliminate this requirement that the Mayor bid for the Ob/. Thereafter, the City Manager, the City Attorney, or their designees could bid on behalf of the Ob/at Judicial sales. Should Section 54 of the Charter be amended as proposed? Yes ... No Ordinance No. 02-042 REMOVE ESTABLISHMENT OF THE POSI'I'JON OF PERSONNEL DIRECTOR BY C1TY CHARTER An Amendment to Ob/Charter Section 72.3, "Personnel Director" The Charter currently provides that the personnel director is a position appointed by the Commission. The duties of the personnel director which are set forth in the Charter are now primarily handled by the Human Resource Director, a position subject to appointment by the City Manager. A ~yes" vote on this proposed amendment would remove obsolete language from the Charter and confirm the authority of the City Manager to appoint a Human Resource Director to oversee the duUes formerly assigned to the personnel director. Should Section 72.3 of the Charter be amended as proposed? Yes No 2 Ordinance No. 02-043 DELETE OBSOLETE OR PREEMPTED PROVISIONS OF CHARTER AND CONSOl[DATE AND REORGANIZE/RENUMBER CHARTER PROVISIONS. The Charter currently contains provisions which are obsolete or which have been preempted by state law. Other sections of the Charter would be more easily understood if amended or consolidated with other sections dealing with the same subJect. A "yes" vote to the proposed amendment would delete obsolete provisions and consolidate and renumber other provisions. Should l~ese Sections of the Charter be amended or deleted as proposed? Yes No The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby designated as follows: VOTING LOCATIONS PRECINCT 3098 PRECINCT 3100 PRECINCT 3102 PRECINCT 3122 PRECINCT 3126 PRECINCT 3128 PRECINCT 3130 PRECINCT 3140 FREEDOM SHORES ELEMENTARY SCHOOL 3400 HYPOLUXO ROAD BOYNTON LAKES CLUBHOUSE 1 WESTMIN~R LANE BOYNTON LAKES CLUBHOUSE 1 WESTMINSTER LANE SANTALUCES HIGH SCHOOL 6880 LAWRENCE ROAD NALITICA CLUBHOUSE 8000 BERMUDA SOUND WAY GOLDCOAST FOP LODGE #49 1200 MINER ROAD BOYNTON BEACH HIGH SCHOOL 4975 PARK RZDGE BLVD. BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3148 PRECINCT 3150 PRECINCT 3152 PRECINCT 3154 PRECINCT 3160 PRECINCT 3162 PRECINCT 3164 PRECINCT 3168 PRECINCT 3170 PRECINCT PRECINCT 4030 PRECINCT 4034 PRECINCT 4040 PRECINCT 7114 PRECINCT 7116 LEISURE~LLE # 1 CLUBHOUSE 1007 OCEAN DRIVE LAKESIDE CHRISTIAN CHURCH 3560 OLD BOYNTON ROAD LEISUREVILLE #1 CLUBHOUSE 1007 OCEAN DRIVE LF. ISUREVILLE #3 CLUBHOUSE 2001 SW 13TM AVENUE TARA LAKES CLUBHOUSE 43 TARA LAKES DRIVE EAST BOYNTON BEACH LEISUREVILLE CLUBHOUSE 1807 SW 18TM STREET GOLFVIEW HARBOUR CLUBHOUSE 2775 SW 14TM STREET HUNTERS RUN CLUBHOUSE EASTGATE DRIVE ASCENSION LUTHERAN CHURCH 2929 S SEACRESI' BLVD HUNTERS RUN CLUBHOUSE EASTGATE DRIVE BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21sT AVENUE STERLING VILLAGE AUDITORIUM 500 S FEDERAL HIGHWAY CHINESE CHRISTIAN CHAPEL 3314 OLD DIXIE HIGHWAY EZELL HESTER COMMUNITY CENTER 1901 NORTH SEACREST BLVD. VILLAGE ROYALE ON THE GREEN 2505 NE 2ND STREET 4 PRECINCT 7120 PRECINCT 7122 PRECINCT 7124 PRECINCT 7126 PRECINCT 7128 PRECINCT 7130 PRECINCT7132 PRECINCT7134 PRECINCT8136 PRECINCT7138 TEMPLE BETH KODESH 501 NE 26TM AVENUE BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21sT AVENUE BOYNTON BEACH CONGREGATIONAL CHURCH 115 NORTH FEDERAL HIGHWAY BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21sT AVENUE BOYNTON BEACH CIVIC CENTER 128 E OCEAN AVENUE BOYNTON BEACH BOAT CLUB US HWY 1 & NE 21sT AVENUE FIRST UNITED MEll-IODIST CHURCH 101 NORTH SEACREST BLVD. HIGH POINT CLUBHOUSE III 230 SOUTH BLVD. ASCENSION LUTHERAN CHURCH 2929 SOUTH SEACREST BLVD. ASCENSION LUTHERAN CHURCH 2929 SOUTH SEACREST BLVD. CI'I'Y OF BOYNTON BEACH GERALD BROENING, MAYOR JANET M. PRAINITO, CMC Cl-I'Y CLERK (Corporate Seal) jmp S:\CC~WI~ELECI'ION\November 2002\PROC2002 - Ballot Questions & Predncts.clec x~,x,., cvber,$ta com.'¢llatino.'eilatlnoconfirm 1/3/2003 NOTICE OF MUNICIPAL GENEIZ~L ELECTION CITY OF GIREENACRES, FLORIDA hel~ cn Tuosdey, March I 1. 2003, ~etween the hours of 7.00 a.m. and 7:~ p,m, for the purpose of elect~n9 t~e follo~ng p~Jbllc officials: Mayoc T~c ~2; ~r. Terr,h Must reside in 1. II. III. IV, or V Ooun(il District I Two (2) Yr, Term M~t ~eide in Oistnct I Course il Dis~ict V Tvto (2} Yr, Term ~t re~de m Distnct R~islered voters in PrEiscts 2't02, 21~, 2128, 2130, ~136. 2146. r~de~ ~ the C~ty ~ ~t~acre$ ~oc ~te (1) ~ino~s year ~ect~en to ~e O~ce of May~;~ or City Counc~. T~ filing pefi~ opens promst!y et 12:00 Noon. T~ay. J~u~ ~8. 2~3 a~O ~os~ promptly at 12:<~ N~n, Tuesday, Ferrari ~1. 2003. Palm ~ach Coun~ Voter City C e~ k Oar, u~.,> 10 art~ ~7. 2003 NOTICE OF MUNICIPAL GENERAL ELECTION CITY OF GREENACRES, FLORIDA The 2003 Municipal General Election for the City of Greenacres will be held on Tuesday, March 11, 2003, between the hours of 7:00 a.m. and 7:00 p.m. for the purpose of electing the following public officials: Mayor Council District I Council District V Two (2) Yr. Term Two (2) Yr. Term Two (2) Yr. Term Must raside in District I, II, III, IV, or V Must reside tn District I Must reside in District V Registered voters in Precincts 2102, 2106, 2128, 2130, 2136, 2146, 2152, 2154, 2156, 2162, 2166, 2172, 2174, and 3070 are qualified to vote in this election. Candidates must be a registered voter and have resided in the City of Greenacres for one (1) continuous year to seek election to the Off'~,,e of Mayor or City Council. The ~ing period opens promptly at 12:00 Noon, Tuesday, January 28, 2003 and closes promptly at 12:00 Noon, Tuesday, February 11, 2003. Palm Beach County Voter Registration Books close on February 10, 2003 at 5:00 p.m. Photo ID must be submitted at the time of voting. Sondra K. Hill, CMC City Clerk PUBLISH: Lake Worth Herald/Greenacres Observer January 9 and 16, 2003 PROCLAMATION ELECTION NOTICE I, THOMAS R. MILLS, MAYOR OF THE TOWN OF PALM SHORES, FLORIDA, PROCLAIM THAT ON MARCH 11, 2003, THE ELECTION OF TWO COMMI,qSIONERS FOR OUR TOWN WILL BE HELD IN THE MEETING ROOM OF OUR TOWN HALL. POLLS WILL BE OPEN FROM 7:00 A.M. UNTIL 7:00 P.M. CANDIDATES MAY QUALIFY NO EARLIER THAN 12:00 NOON ON TUESDAY, JANUARY 28, 2003 AND NOT LATER THAN 12:00 NOON ON TUESDAY, FEBRUARY 11, 2003, WITH THE TOWN CLERK AT TOWN HALL. THE LAST DATE FOR ANYONE WISHING TO REGISTER FOR THE ELECTION IS FEBRUARY 10, 2003. Thomas R. Mills, Mayor Carolyn J. Gangwer, Town Clerk Da~e NOTICE OF GENERAL VILLAGE ELECTION VILLAGE OF PALM SPRINGS, FLORIDA The Village of Palm Spdngs, Flodda will hold its General Election on March 11, 2003 for the purpose of electing a Mayor at large and Council Members from Districts 1 and 3 for a term of two (2) years. Candidates for Council Member must reside in the distdct he/she wishes to represent. The electorate at large shall vote for each candidate. Candidate qualifying is from NOON January 28, 2003 to NOON February 11, 2003. Electors of precincts 2118, 2122, 2126, 3018, 3020, 3022, 3040, 3044, 3050, and 3052 are qualified to vote in the General Election. Voter registration book closing is February 10, 2003 for the General Election. The polls will be open from 7:00 a.m. to 7:00 p.m. If a Runoff Election is necessary, it will be held on March 25, 2003 utilizing the same times and precincts identified above. No person will be permitted to vote unless .he or she is registered in Palm Beach County and residing ~n the Village of Palm Springs. Irene L. Burroughs, CMC Village Clerk Publish: Palm Beach Post January 7 and 14, 2003 RESOLUTION NO. 2003-01 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA, ANNOUNCING THE QUALIFYING TIME FOR CANDIDATES FOR THE GENERAL ELECTION MARCH 11, 2003; DESIGNATING VOTING LOCATIONS; APPOINTING THE CANVASSING BOARD; ASSIGNING THE SUPERVISOR OF ELECTIONS TO HANDLE THE ABSENTEE BALLOTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the terms of office for Mayor, Council Members for District 1 and District 3 will expire in 2003; and WHEREAS, the Village of Palm Springs has adopted the uniform election date for Palm Beach County which will be on March 11, 2003 and a run-off election if necessary on March 25, 2003; and WHEREAS, Section 18-2 of the Village Code of Ordinances provides that the Village Council shall designate the place for the conduct of the election; and WHEREAS, the Village Canvassing Board shall consist of the Council Members not currently up for re-election and the Village Clerk with an additional member, Supervisor of Elections Theresa LePore. WHEREAS, Section 101.5612 of the Florida State Statutes provides that the canvassing board shall certify to the accuracy of the tabulating equipment; and WHEREAS, Section 101.5614 of the Florida State Statutes provides for the canvassing of returns; and WHEREAS, Chapter 101 of the Florida Statutes provides for the handling of absentee ballots; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA: Resolution No. 2003-01 Section 1. Any person who has continuously been a resident of the Village of Palm Spdngs for one year proceeding the date of qualification and who has qualified as an elector in Palm Beach County shall be eligible to hold the office of Mayor or Village A Council Member must reside within the distdct they seek to Council Member. represent. Section 2. Candidates must file wdtten notice with the Village Clerk at Village Hall, 226 Cypress Lane, Palm Springs, Flodda during regular office hours. Qualifying (filing) will open at NOON on Tuesday, January 28, 2003 and close at NOON on Tuesday, February 11, 2003. Section 3. Precincts for the municipal election will be the same as those designated by the County. The location for Precincts 2126, 3020 and 3022 will be announced. Precinct 3052 will vote at the Palm Spdngs Library. Section 4. The Village Canvassing Board will consist of Joni Brinkman, Patti Waller, Irene Burroughs and Supervisor of Elections Theresa LePore. Section 5. The logic and accuracy testing of voting equipment will be at the Supervisor of Elections Facility in West Palm Beach on Monday, March 3, 2003 at 10:00 a.m. and Monday, March 17, 2003 at 10:00 a.m. should a run-off election be necessary. Theresa LePore will represent the Village canvassing board at the testing. Section 6. The Theresa LePore, Supervisor of Elections is designated to distribute, canvass and certify absentee ballots for the municipal election. Section 7. Theresa LePore, Supervisor of Elections will represent the Village canvassing board for the canvassing of all ballots. 2 Council Member Member was as follows: Resolution No. 2003-01 Section 8. This Resolution shall take effect immediately upon adoption. offered the foregoing resolution. Council seconded the motion, and upon being put to a vote, the vote Aye, Nay Absent JOHN M. DAVIS, MAYOR 13 [] [] PATTI WALLER, VICE MAYOR [] [] [] BEV SMITH MAYOR PRO TEM [] [] [] CHESTER D. OSBORNE, COUNCIL MEMBER [] [] [] JONI BRINKMAN, COUNCIL MEMBER [] [] [] The Mayor thereupon declared the Resolution duly passed and adopted this 9th day of January 2003. VILLAGE OF PALM SPRINGS, FLORIDA ATTEST: BY: JOHN M. "MIKE" DAVIS, MAYOR IRENE L. BURROUGHS, VILLAGE CLERK REVIEWED FOR FORM AND LEGAL SUFFICIENCY BY: PAUL J. NICOLETTI, VILLAGE ATTORNEY 3 PUBLIC NOTICE The City of West Palm Beach will hold its General Election on March 11, 2003 for the Office of Mayor and two Commission seats, one in District 2 and one in District 4. Filing opens January 28, 2003 at noon and closes on February 11, 2003 at noon. I TO: THRU: FROM: SUBJECT: I CITY COMMISSION DOCUMENTATION I DAVID T. HARDEN, CITY MANAG .^u. DAN MARFINO, PRINCIPAL PLANNER~ MEETING OF FEBRUARY 47 2003 FIRS~ READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2003-1 (03-1). BACKGROUND Comprehensive Plan Amendment 03-1, previously known as Comprehensive Plan Amendment 02-2, was transmitted to the Florida Department of Community Affairs (DCA) for review following an adoption public hearing held by the City Commission on December 3, 2002. DCA staff reviewed the amendment and declined to process it, as the City had already adopted two (2) comprehensive plan amendments (01-2 on February 15th and 02-1 on October 15th) during the 2002 calendar year. It had been previously understood that the twice yearly limit applied to an amendment's effective date (45 days after adoption), versus the adoption date. In order to comply with state statutes, it is now necessary to readopt the same amendment & associated ordinance, in the current calendar year. This amendment will constitute the first of two amendments, which will are allowed in calendar year 2003. No items in this amendment have been added, deleted, or modified in any respect, from those items previously considered and adopted in Comprehensive Plan Amendment 02-2 on December 3, 2002. Amendment 03-1 includes one (1) Privately-initiated Future Land Use Map amendment and five (5) City-initiated text changes. PLANNING ANDZONING BOARD CONSIDERATION The Planning and Zoning Board considered Amendment 03-1 (as 02-2) at a public hearing on September 23, 2002, and recommended approval of the transmittal of the amendment to the Florida Department of Community Affairs. As DCA declined to issue an ORC report regarding this Amendment, it was not necessary for the amendment to be brought before the Planning & Zoning Board again, and consequently it is proceeding directly to City Commission for adoption. RECOMMENDED ACTION By motion, approve transmittal of the proposed Comprehensive Plan Amendment 03-1 to the Florida Department of Community Affairs, containing the material in the staff report and attachment. Attachments: · Summary of Comp Plan Amendment 03-1 · Comprehensive Plan 03-1 \r-~ S:~LongRange~Comp~Amend 03-1~03-1 CC-Adoption.doc \ [~-) City Commission Documentation Adoption of Comprehensive Plan Amendment 02-2 Page 2 SUMMARY OF ITEMS IN COMP PLAN AMENDMENT 03-1 TEXT AMENDMENTS: Modification of the definitions section of the Public Schools Facilities Element, by adding numerous new definitions. Modification of Policy B-2.1 of the Future Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CDB (Central Business District). Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the beach renourishment project. Modification of the Introduction and Summary of Major Features (Planning Area subsection), Objective B-3, and Policies B-3.1 & B-3.2 of the Future Land Use Element, all regarding the provision of services to land within the Planning Area. PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Privately initiated Future Land Use Map amendment for a 16' x 70' parcel of land associated with the Meridian Townhouse Development, from LD (Low Density, 0-5 du/acre) to CC (Commercial Core). Theparcel is approximately 0.02 acres in size and is located on the north side of S.E. 4TMStreet, approximately 120 east of S.E. 6TM Avenue (Federal Hwy. - Northbound). ORDINANCE NO. 47-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSWE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; AIJ. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2003-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Dekay Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2003-1; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public heating on September 23, 2002 in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public heating, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2003-1 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2003-1 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2003-1 was held by the City Commission on February 4, 2003, at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2003-1 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, following due public notice, the second of two required public heatings on Comprehensive Plan Amendment 2003-1 was held on April 1, 2003, in accordance with statuto~ requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2003- 1", which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2003-1. Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is :ssued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 47-02 the PASSED AND ADOPTED in regular session on second and final reading on this day of ,2003. A'ITEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 47°02 CITY OF DELRAY BEACH, FLORIDA COMPREHENSIVE PLAN AMENDMENT 2003 1 Planning & Zoning Board Transmittal Pubfic Hearing September 23, 2002 COMPREHENSIVE PLAN AMENDMENT CITY OF DELRAY BEACH, FLORIDA 03-1 ~ TABLE OF CONTENTS ,., Pa_cie AMENDMENTS TO THE FUTURE LAND USE MAP Meridian Parcel TEXT CHANGES - (CITY INITIATED) Definitions Section, Public Schools Facilities Element 4 Policy B-2.1, Future Land Use Element (Concurrency w/respect to public schools) 4 Policy A-2.4, Future Land Use Element (Location of auto dealerships) 6 Inventory and Analysis, Coastal Management Element (Completion of the recent beach renourishment project) 6 Introduction and Summary of Major Features (Planning Area subsection), Objective B-3, Policy B-3.1 & Policy B-3.2, Future Land Use Element, (regarding the provision of services to land within the Planning Area) COMPREHENSIVE PLAN AMENDMENT 03-1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 Meridian Parcel FLUM Amendment Staff Report SD #t CITY OF DELRAY BEACH, FLORIDA AMENDMENTS TO THE FUTURE LAND USE MAP PRIVATELY INITIATED FUTURE LAND USE MAP AMENDMENT: Meridian Parcel Privately initiated Future Land Use Map amendment for a 16' x 70' parcel of land associated with the Meridian Townhouse Development, from LD (Low Density, 0-5 du/acre) to CC (Commercial Core), and rezoning from R-l-AA (Single-family Residential) to CBD (Central Business District). The parcel is approximately 0.02 acres in size and is located on the north side of S.E. 4TM Street, approximately 120 east of S.E. 6TM Avenue (Federal Hwy. - Northbound). See Support Document #1 (Meridian Parcel Future Land Use Map Amendment staff report) CITY INITIA TED TEXT CHANGES 1) Location: Pg. PS-22, Definitions Section, Public Facilities Element CONSISTENCY - The condition of not being in conflict with and in furtherance of the goals, objectives and policies of the Comprehensive Plan Elements and the Interlocal Agreement. CONCURRENCY SERVICE AREA LEVEL OF SERVICE STANDARDS - The maximum acceptable percentage of school utilization as identified in the Interlocal Agreement determined by dividing the total number of students for all schools of each type of school in each CSA by the total number of permanent student stations for that type of school in each CSA. DEVELOPMENT ORDER -As defined in Section 163.3164(7) Florida Statutes. (~) EDUCATIONAL FACILITIES - The buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve educational purposes only. FINANCIALLY FEASIBLE FACILITIES PLAN - A plan which demonstrates the ability to finance capital improvements from existing revenue sources and funding mechanisms to correct deficiencies and meet future needs based on achieving and maintaining the adopted level of service for each year of the five (5) year planning period for all schools of each type in each CSA, and each individual school, and for the long range planning period. INTERLOCAL AGREEMENT - Agreement between the Palm Beach County Board of County Commissioners, the Municipalities of Palm Beach County, and the Palm Beach County School Board effective January 25, 2001. LEVEL OF SERVICE (LOS) - The measure of the utilization, expressed as a percentage, which is the result of comparing the number of students enrolled in any school with the satisfactory student stations (FISH capacity) at a given location or within a designated area (i.e., a CSA), e.g., a facility with 1000 students and a FISH capacity of 970, has a LOS of 103%. Also referred to as the utilization of a facility. MAXIMUM UTILIZATION OF CAPACITY - Utilization of facilities to ensure the ADOPTED LOS for all schools of each type in each CSA and each individual school is not exceeded. MUNICIPALITIES -All municipalities in Palm Beach County, except those that are exempt from participating in the school concurrency program, pursuant to Section 163.3180, Florida Statutes. PERMANENT STUDENT STATION - The floor area in a public school facility required to house a student in an instructional program. PROPOSED NEW RESIDENTIAL DEVELOPMENT - Any application for residential development or amendment to a previously approved residential development that increases the number of housing units. This shall include any request for any approval of the type that establishes a density of development and which approves a site specific development order on a specific parcel of property. RESIDENTIAL DEVELOPMENT - Any development that is comprised in whole, or part, of dwelling units; for permanent human habitation. SCHOOL BOARD - The governing body of the SCHOOL DISTRICT, a body corporate pursuant to Section 230.21 Florida Statutes. SCHOOL DISTRICT - The district for Palm Beach County created and existing pursuant to Section 4, Article IX of the State Constitution. (2) SCHOOL DISTRICT'S FIVE YEAR CAPITAL FACILITIES PLAN - The SCHOOL DISTRICT of Palm Beach County Five Year Work Plan and Capital Budget as authorized by Section 235.185 Florida Statutes. SCHOOL DISTRICT'S SiX YEAR CAPITAL IMPROVEMENT SCHEDULE - A Table of expenditures and revenues detailing how the SCHOOL DISTRICT shall achieve and maintain the LOS for public school facilities. SITE SPECIFIC DEVELOPMENT ORDER - A development order issued by a Local Government which establishes the density, or maximum density, and which approves a specific plan of Development on a lot or lots pursuant to an application by or on behalf of an OWNER or CONTRACT PURCHASER, including applications initiated by a Local Government. It may apply to a lot or lots under single ownership or a group of lots under separate ownership. It shall apply to all parcels or lots in their entirety taken together of any subdivision. It includes site specific rezonings, special exceptions, conditional uses, special permits, master plan approvals, site plan approvals, plat approvals, BUILDING PERMITS and any Development of Regional Impact as defined in Section 380.06, F.S. It may or may not authorize the actual commencement of development. Two (2) or more development orders which individually do not constitute a site specific development order shall be considered a site specific development order if when taken together they meet the definition of a site specific development order. STUDENT GENERATION MULTIPLIER -As published by the SCHOOL DISTRICT of Palm Beach County, the number of students per household determined by type and size of residential unit. STUDENT STATION - The net square footage requirements per student based upon the instructional program to be housed as defined by FISH. TYPE OF SCHOOL - Schools in the same categories of education, i.e. elementary, middle or high school. VALID DEVELOPMENT ORDER - A DEVELOPMENT ORDER which: was issued by a LOCAL GOVERNMENT: (1) in accordance with proper procedure and in compliance with state law, and the land development regulations and codes, administrative rules and procedures, and general policies of local governments, and the requirements of all other agencies; (2) not by mistake; and (3) which has not expired, lapsed, or been abandoned, revoked, or canceled, by operation of law, or by the local government or pursuant to the local government land development or pursuant to the local government land development regulations or codes, rules, or policies. Change: ADDITION Comment: These definitions are being added to provide a more comprehensive definition section for this element. All definitions included were taken directly from Palm Beach County's School Concurrency Implementing Ordinance. Some (3) definitions were modified slightly to be specific to the City of Delray Beach, as opposed to the more general references of "Palm Beach County" and "local governments". 2) Location: Pg. FL-26, Policy B-2.1, Future Land Use Element (Concurrency - Requirement of Provision of Facilities) Policy B-2.1 Services and facilities shall be provided pursuant to the levels of service as established elsewhere in this Plan, concurrent with occupancy. For water facilities, concurrency shall mean that direct connection to a functioning municipal system is made. For sewer facilities, concurrency shall mean that direct connection to a functioning municipal system is made; or, where such facilities are not reasonably accessible (as defined in the Land Development Regulations), connection to a septic system that meets the requirements of the County Health Department. For public schools concurrency shall be defined as the improvement is in place or construction appropriations are specified within the first three years of the most recently approved School District of Palm Beach County Six Year Capital Improvement Schedule, as reflected in Table SD-CIP of the Capital Facilities Element. For streets, drainage, and other facilities concurrency shall be determined by the following: the improvement is in place prior to issuance of the occupancy permit; the improvement is bonded, as a part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; the improvement is a part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Change: MODIFICATION Comment: This policy is being modified to add a specific reference to Public Schools Concurrency. 3) Location: Pg. FL-24, Policy A-2.4, Future Land Use Element (Location of Auto Dealerships) 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: 1) Auto related uses other than gasoline stations, wash establishments, and auto parts sales, shall not be permitted in the area encompassed by the CBD zone district. (4) 2) Automobile dealerships shall not locate and/or expand in the following areas: [] Within the CBD zone district; West side of Southbound Federal Highway between George Bush Boulevard and S.E. 10th Street; East side of Federal Highway, between George Bush Boulevard and the north property line of the Delray Swap Shop/Flea Market Property; [] On properties fronting George Bush Boulevard, east of Federal Highway. However, on the east side of Federal Highway, south of N.E. 6th Street, an existing dealership may expand onto adjacent property which has an auto sales use and which is zoned AC. 3) Rezoning to AC (Automotive Commercial) to accommodate auto dealerships shall not be permitted west of 1-95. 4) Automobile dealerships shall be directed to the following areas: [] North of George Bush Boulevard, between Federal and Dixie Highways; 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; Between the one-way pairs (Federal Highway), from S.E. 3rd 4th Street to S.E. 10th Street; and from N.E. 5th Street to George Bush Boulevard; On the north side of Linton Boulevard, between 1-95 and S.W. 10th Avenue, and along Wallace Drive. 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industrial/commerce areas. Change: MODIFICATION Comment: At its meeting of December 5, 2000, the City Commission approved Ordinance 33-00, which rezoned Block 112 (between the Federal Highway pairs, from SE 3rd Street to SE 4th Street) from AC (Automotive Commercial) to CBD (Central Business District). As a result of this rezoning, the 4th bullet of the 4th subsection of the above policy (which directs automotive uses to the area from S.E. 3rd Street to S.E. 10th Street, between the Federal Pairs), became in conflict with the Ist subsection (which states no auto related uses are permitted in the CBD zone district). In order to provide internal consistency for this Policy, the 4th subsection is being modified to reflect the rezoning to CBD. (5) Block 112 has subsequently received site plan approval for an 84-unit townhouse development, known as Mallory Square. This project is currently under construction. 4) Location' Pg. CM-5, Inventory & Analysis, Coastal Management Element (Management of Natural Resources subsection, 3rd paragraph) The City has one of the premier beach erosion control and nourishment programs in the State. In 1973, the City constructed an initial beach restoration, placing 1.6 million cubic yards of sand in a 2.7 mile project area by hydraulic dredging from an offshore borrow area. Maintenance nourishment projects were constructed in 1978, 1984, 3.".d 1992, and 2002. Beach restoration and maintenance is an on-going project, with periodic maintenance nourishments. The next required nourishment is projected for the year 2000 2010. The beach nourishment project has successfully provided storm protection for upland property. Since 1973, there has been no damage to upland property due to erosion or storm damage. Change: MODIFICATION Comment: This section is being modified to reflect the mopst recent beach renourishment project, completed earlier this year. 5) A. Location: Pg. IN-3, Introduction and Summary of Major Features THE PLANNING AREA The Planning Area is that area which is projected to be the ultimate incorporated area for the City of Delray Beach,_ The City may provide a full or limited ranqe of municipal services to the unincorporated portion of the Planninq Area, before The actual limits of the Planning Area are shown in Map 1, and the Planning Area itself is discussed in greater detail in the Land Use and Population Data section of the Future Land Use Element. Change: MODIFICATION Location: Pg. FL-28 Objective B-3, Future Land Use Element Pg. FL-28 Policy B-3.1, Future Land Use Element Pg. FL-28 Policy B-3.2, Future Land Use Element Objective B-3 The City of Delray Beach shall may provide facilities and limited services for that area within its planning boundaries which is not yet annexed. The City shall annex such properties in a timely manner. (6) Policy B-3.1 Services shall be provided to unincorporated areas upon annexation and they shall be at a level which exists for land uses elsewhere in the City under the same or similar conditions. In circumstances where it not feasible or appropriate to accomplish annexation, individual services (e.g. fire protection, code enforcement), may be provided to unincorporated parcels within the Planning Area, through an interlocal agreement. This paragraph shall not apply to water and sewer services, in areas which received these services from Palm Beach County, prior to annexation. Policy B-3.2 Water and sewer facilities shall may be provided to unincorporated areas by the City, upon demand, in a manner consistent with policies of the City. The provision of water facilities shall be accompanied by an agreement to voluntarily annex upon eligibility unless the property is already eligible in which case, annexation shall precede the provision of services. Comment: The above listed changes are intended to modify the Comprehensive Plan in order to allow certain unincorporated portions of the Planning Area, the ability to obtain water and/or sewer service from Palm Beach County, while not giving up the ability to annex them at some future date. As the Comprehensive Plan is currently written, the City must provide all municipal services upon annexation. In certain situations, it maybe more cost-effective to have Palm Beach County provide some hard infrastructure costs, such as water and sewer services, prior to or even after annexation. The only way to achieve this currently is to remove the subject parcels from the Planning Area, which negates the ability to annex them in the future. S:\LongRange\Comp~Arnend 03-1\03-1amendment.doc (7) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE- AGENDA ITEM: ITEM: September 23, 2002 IV. E.' Future Land Use Amendment From LD (Low Density Residential 0-5 du/ac) To CC (Commercial Core) and Rezoning From R-l-AA (Single Family Residential) To CBD (Central Business District) For a Parcel of Land Associated With the Meridian Mixed-Use Development. GENERAL DATA: Owner/Applicant .......................... Mallory II, LLC Agent .......................................... Ironwood Properties, Inc. Location ...................................... North Side of SE 4th Street, Approximately 127 Feet East of SE 6th Aven~e (Northbound Federal Highway) Property Size .............................. 0.025 Acres Future Land Use Map ................ LD (Low Density Residential 0-5 Du/Acre) Proposed FLUM ........................ CC (Commercial Core) Current Zoning ............................ R-l-AA (Single Family Residential) Proposed Zoning ........................ CBD (Central Business District) Adjacent Zoning ................ North: CBD (Central Business District) East: R-l-AA (Single Family Residential) South: GC (General Commercial) & R-l-AA (Single Family Residential) West: CBD (Central Business District) Existing Land Use ...................... Single Family Residence Proposed Land Use .................... Parking associated with the construction of mixed use development that consists of 22 townhouses and 23,228 square feet of office space. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. ATLANTIC AVENUE s~ FIDELITY FEDERAL BANK j S E 2ND ST ST IV.E. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from LD (Low Density Residential/0-5 dwelling units per acre) to CC (Commercial Core) and rezoning from R-l-AA (Single Family Residential - Medium Density) to CBD (Central Business District) for property located on the north side of SE 4t~ Street, approximately 110' east of SE 6th Avenue (Federal Highway). Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM and Rezoning Amendments for any property within the City. The property is the west 16' of Lot 28, Block 120 of the Town of Delray subdivision and contains 0.025 acres. The remainder of Lot 28 contains a single family residence and is zoned Rol-AA. The western 16', which is the subject of the FLUM and Rezoning applications, is not located in the Marina Historic District. This portion of the property contains a driveway and canopy that is attached to the adjacent single family home to the east. The house on the balance of the property was built in 1934 and is located in the Marina Historic District overlay and is considered a contributing structure. At its meeting of December 5, 2000, the City Commission approved a FLUM and Zoning Map change to the western portion of Block 120 of the Town of Delray subdivision. These actions change the FLUM designation from GC (General Commercial) to CC (Commercial Core) and the zoning designation from GC (General Commercial) to CBD (Central Business District). At its meeting of August 28, 2002 the Site Plan Review and Appearance Board approved a site plan for a mixed use development consisting of 22 townhouses and 20 offices known as The Meridian. The applicant proposes to incorporate the western 16' of the subject property into this development to be used for parking and landscape area. This Future Land Use Map Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2002-02. LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Planning and Zoning Board Sta, .eport The Meridian - FLUM Amendment and Rezoning Page 2 Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed parking and landscape area is allowed as an accessory use to the approved mixed use development known as The Meridian in the CBD (Central Business District) zoning district. The CBD zoning district is consistent with the proposed Commercial Core Future Land Use Map designation. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. As noted in the Background section of this report, the FLUM designations of the properties to the west were recently changed to Commercial Core and rezoned to CBD. These actions were taken in order to extend the downtown area as it was deemed more appropriate than the existing uses, which were primarily automotive related. The mixed use project known as The Meridian was approved to the west of the subject property. The eastern boundary of this project is generally uniform except for the subject 16' at the southern end. It has been the developer's intention to incorporate this 16'-wide parcel for additional parking. This action will provide a uniform boundary along the east side of The Meridian development. The proposed FLUM amendment will fulfill Future Land Use Element Policy C-4.2, stated as follows: Planning and Zoning Board Sta,. ,<aport The Meridian - FLUM Amendment and Rezoning Page 3 Future Land Use Element Policy C-4.2: A special CBD plan shaft be developed jointly by the CRA and the City. It shaft address the maximum development which can be accommodated in a competitive market while still retaining the "village like, community by-the-sea" character of the CBD. It shall further identify the infrastructure requirements, including parking, which will be needed to accommodate such an intensity of development. Such a plan shall be formally processed as an amendment to the Comprehensive Plan. The plan shall be instituted under the lead of the Community Redevelopment Agency but conducted through close participation with the City's Planning and Zoning Department. The CBD plan has been adopted and is now known as the Downtown Delray Beach Master Plan (adopted March 19, 2002). The Master Plan indicates that "Increasing residential density is absolutely crucial to ensure a healthy and lasting life to the District that will contribute to the vitality of the area." The Master Plan also encourages the establishment of shared parking in the downtown core area. The Meridian development participated in the City's shared parking program. However, despite the shared parking provisions the development is required to contribute six parking spaces ($72,000) towards the City's in-lieu program. Inclusion of the subject property will allow the developer to include additional parking spaces on-site rather than full contribution to the in-lieu program. Therefore, it is appropriate that the proposed FLUM and Zoning Map designations be applied to the property as they are consistent with the Master Plan with respect to parking needs in the downtown area. Since this Comprehensive Plan policy is furthered by the proposed FLUM amendment, a positive finding can be made with respect to fulfilling a demonstrated need. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The proposal is consistent with the policy mentioned above as well as other goals, objectives and policies of the City's Comprehensive Plan. The FLUM amendment will also address the following Comprehensive Plan Policy: Future Land Use Element Policy A-1.2- Zoning changes which would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. It is recognized that the proposed FLUM and Rezoning will not significantly increase the depth of The Meridian property. However, it will be sufficient to increase the amount of on-site parking and reduce the amount of spaces that will be contributed via the in-lieu fee program. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Planning and Zoning Board Sta..<eport The Meridian - FLUM Amendment and Rezoning Page 4 The proposal involves the FLUM amendment on a 0.025 acre parcel from LD to CC and a rezoning from R-l-AA to CBD. With the current FLUM and Zoning Map designations, the property could not be redeveloped, as it does not meet the minimum lot size, lot width, lot depth, and lot frontage in the R-l-AA zoning district. Given the size of the subject property, redevelopment to a use other than the proposed accessory parking area is unlikely. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. Based on the finding by the Planning and Zoning Board and City Commission for the FLUM and Rezoning for the balance of The Meridian property, the designation change for the subject property would be compatible with the adjacent single family neighborhood to the east. The existing surrounding land uses are vacant to the north, single family residential to the south and east, and mixed use office and residential (The Meridian) to the west. The FLUM designations of the surrounding uses are CC (Commercial Core) to the north and west, LD (Low Density Residential 0-5 dwelling units per acre) to the east, and GC (General Commercial) to the south. The proposed designation change will "square-off" the district boundaries, which are Commercial Core along the west side of Block 120 and residential along the east side. Based on the above, a positive finding with respect to compatibility can be made. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 0.025 acre parcel of land will occur in accordance with the City's Land Development Regulations during the site plan review process. Future redevelopment will be directed by the Master Plan, which will comply with the City's Land Development Regulations. It is noted that the conveyance of the 16'- wide parcel will create a nonconformity with respect to the rear setback of the single family residence to the east. The required setback in the R-l-AA zoning district is 10' from the property line. When the property is conveyed to The Meridian, the rear setback would be approximately 5'. In order to compensate for this nonconformity, the property owner of the single family residence must apply and be granted a variance from the Historical Preservation Board. Since the conveyance of the property will eliminate the driveway and carport of the single family residence, an alternative parking design must be provided. ^ condition of the FLUM amendment is that a variance must be submitted and granted for the rear yard setback and that alternative parking be provided. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be made. Section 3.2.2 applicable. follows: (Standards for Rezoning Actions): Standards B and E are not The applicable performance standards of Section 3.2.2 are as Planning and Zoning Board St~-,..<eport The Meridian - FLUM Amendment and Rezoning Page 5 (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The property is located within the area identified as stable on the Residential Neighborhood Categorization Map. The development pattern along SE 6th Avenue (northbound Federal Highway) is such that the western halves of the blocks on the east side of the road have been developed as commercial. The subject property is the only instance where the residential zoning has encroached onto the western half of the block. The CBD zoning district is the established zoning classification along the western half of these blocks. Therefore, residential zoning for this parcel is not appropriate. Therefore, this policy should not be applicable given the existing development pattern. (c) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial zoning developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed rezoning would designate the 0.025 piece of land as CBD and thereby slightly increasing the depth of The Meridian property along SE 6th Avenue (Federal Highway) which is also zoned CBD. The proposed rezoning will allow The Meridian mixed use development to construct additional parking spaces thereby reducing the need for in-lieu parking spaces making for a better office and residential development. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Direction Zoning Uses North CBD West CBD South GC East R-1-A Atlantic Center Shoppes Mallory Square townhouses Single family residences Single family residences The proposed rezoning is compatible with the adjacent land uses and consistent with the development pattern along Federal Highway. As noted, in the background section of this report, the Planning and Zoning Board and City Commission made a finding that the CBD zoning district is compatible with the Planning and Zoning Board Str.. /,eport The Meridian - FLUM Amendment and Rezoning Page 6 surrounding properties when the properties to the north and west were rezoned on December 5, 2000. Section 2.4.5(D)(5) (Rezoning Findin_cls): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. As noted previously, development pattern along SE 6th Avenue has been established such that the western half of the blocks have developed as commercial where the eastern half has been developed as residential. The proposed rezoning to CBD is the correct zoning designation for the proposed Commercial Core FLUM designation. The proposed rezoning will "square-off" the zoning boundaries consistent with the remainder of the block. Therefore, a finding can be made the rezoning fulfills subsections "b" and The property is not in an area that requires review by the DDA (Downtown Development Authority). Community Redevelopment Agency (CRA): The CRA reviewed the FLUM amendment and Zoning Map change at its meeting of September 12, 2002 and recommended approval. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: Planning and Zoning Board Sta,. ,<eport The Meridian - FLUM Amendment and Rezoning Page 7 · Beach Property Owners · Via Marina · PROD · Presidents Council The proposed amendments will provide a consistent boundary between the west (commercial) half of the block and the east (residential) half. It is noted that the conveyance of the 16'-wide parcel will create a nonconformity with respect to the rear setback of the house. A condition of the FLUM amendment is that a variance application is submitted and a variance is granted for the rear setback by the Historic Preservation Board and that the parking is relocated elsewhere on the property. Furthermore, the proposed designation changes are consistent with the Downtown Delray Beach Master Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings). Therefore, the proposed FLUM amendment and Rezoning can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Bo Recommend to the City Commission approval of the FLUM Amendment and Rezoning for the subject property, based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan; or Recommend denial of the FLUM Amendment and Rezoning based on a failure to make positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations, with the basis stated. Recommend to the City Commission approval of the proposed FLUM Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CC (Commercial Core), subject to the condition that a variance application is submitted and granted for the reduction of the rear yard setback, replacement of parking elsewhere on the property, and approval of the Rezoning from R-l-AA (Single Family Residential) to CBD (Central Business District) based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Planning and Zoning Board St~,,..~,eport The Meridian - FLUM Amendment and Rezoning Page 8 Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan Report prepared by: Scott Pape, Senior Planner Attachments: · Proposed Future Land Use Map · Zoning Map · Survey JL__J U ~r' I I// 2ND ST.I_ T ~!: .I , ~EA GA BEACH ~~1 I WOMEN'~ ~ ~ ~, I. - I ~ ~- ,~,o~o~ , THE MERIDIAN ~ , -- REZONIN~ -- ,~o~ ~o~l~Tl~ FRO~: R-I-~ (SINGLE FAMILY RESIDENTI~L) ~ TO: CBD (CENTRAL BUSINE88 DISTRICT) 'SKETCH OF SPE ;i =IC PURPOSE SURVbY A PORTION OF BLOCK I?.0 TOWN OF LINTON (NOW DELRAY BEACH) I i "' (PB 1. PG 3, PBCR) '~ SURVEY NOTES: I SCALE:  ~.. ~. ?.£ s.~nc Pu..os~ or TH~ su.v~Y ,s TO S~OW I I ~ RI~HT--OF--WAY UNE OF NORTHBOUND U.S. ~ ~ SHO~ H~EON ~ NOT B~ ~ ~ DROTOS · ~SOC~ ~R RIG~-OF-WAY, --' ~ O , ~N~SHIF OR ~ IN~U.E~ OF  N52, S122, W143, BLOCK 120 ~ ~4 LESS THE W5' / ~m ~ ,~. gC O0 127.00' I ~3.oo' ~ 25.00' ~ S70', W127', BLOCK i20 30.00' ~SS ORB 430, PG 418 (R/W) ' ~ ~ BLOCK ~20~ I ~NB~5B'46"~ 4TH ~ND D~OEI~ON: A PO~T~ON OF a~CK ~20, ~'~ ~ U~ON (NOW D~Y a~H), ACCO~D~N~ ~ THE P~T ~E~EOF ~ECO~DEB ~N P~T aOOK ~, P~E 3 OF ~E PUaUC RECORDS OF PALM B~CH ~, ~ORID~ MORE P~TICU~RLY D~CRIBED ~ ~WS: FOR TH~ ~E ~ 16.00 ~ OF ~ ~ 143.D0 ~ OF THE 120. MIC~ D. ROSE ~D ~DS LYING IN ~E C~ DF D~Y B~CH, P~M PRO~IO~ SU~R ~D M~PER B~CH COUP, ~ORIDA, CDN?~NING 1120 SQUARE E~, ~RI~ RECItaTION NO. MORE OR L~S. PROJE~ NO: D1-D557~03 SH~ 1 OF 1 SH~ UN~ DF A ~RI~ ~C~S~ SURV~E AND MAPP~ ~HIS ~T~ NAME: X:~C~SUR~DE~SK~CH~IBSU~ INFORUA~O~ PUR~DS~ ONLY AND IS N~ V~D ~ I .. 3RD ~ ST. I I ~ . 4T~ ~ ~ SEAGA rE _ I ~g BEACH g~l ~ _ I ~ ~ WOMEN'S ,~ ~ ~ ~I5_ _ m . . . x ~ ~ N ~o~.o.~.~ THE MERIDIAN ~ -- FUTURE LAND USE MAP AMENDMENT -- AR~ OF MODIFI~TION FROM. LD (LOW DENSI~ RESIDENTIAL) CITY OF DE~AY BEACH, FL ~ TO. CC (COMMERClAE CORE) PL~NIN~ ~ Z~IN~ DEPONENT -- ~/~IT~L ~ ~P ~ -- M~ REF ~ 6~0 N ~.oF..o.E.. THE MERIDIAN ~ -- FUTURE LAND USE MAP AMENDMENT -- AREA OF MODIFICATION FROM. LD (LOW DENSITY RESIDENTIAL) CITY OF DELRAY BEACH, FL ~ TO. CC (COMMERCIAL CORE) PLANNING &: ZONING DEPARTMENT i 3RD~' ~' ~ - CLU ~ FLUM REZONING CITY OF DE~AY BEACH, FL FROM: LD (LOW DENSI~ RESIDENTIAL) FROM: R-l-~ (SINGLE FAMILY RESIDENTIAL) Pk~NNIN~ ~ Z~ D6P~T TO: CC (COMMERCIAL CORE) TO' CBD (CENTRAL BUSINESS DISTRICT) DIGITAL ~Sg MAP S~EM -- MAP R~F: ~ 640 [ITY JIF OELIIlIY BEIt[H CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writers Direct Line' 5611243-7090 1993 DATE: TO: FROM: MEMORANDUM January 30, 2003 David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney SUBJECT: Revised Motorized Parasailinq Ordinance Please review the attached ordinance, and, if it meets with your approval, please remove the earlier version and place this new one on the agenda for the February 4th, 2003 Commission meeting. Please note that this new ordinance simply removes the words "on or above any municipal beach site" and limits our control to the regulation of parasails, parachutes and hang-gliders "on any municipal beach site" because we can not regulate the airspace above the beach. Do not hesitate to let me know if you have any questions. Thanks. TCP:smk Attachment Pr;nted on Recycled Paper ORDINANCE NO. ~___-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 101, "PARKS, BEACHES AND RECREATION", BY AMENDING SECTION 101.24, "TRAFFIC REGULATIONS", IN ORDER TO PROVIDE FOR THE SAFETY OF CITIZENS AND TOURISTS ENJOYING THE CITY OF DELRAY BEACH'S MUNICIPAL BEACH BY PROHIBITING THE USE, OPERATION, AND PROPELLING OF PARASAILS, PARACHUTES AND HANG GLIDERS ON THE MUNICIPAL BEACH SITE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Flodda, desires to provide for the health, safety and welfare of its citizens enjoying the City's beaches; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prevent uses that are dangerous to the City's beach-going citizens and tourists. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and Recreation", Section 101.24, "Traffic Regulations", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: (A) No person shall drive, propel or cause to be driven or propelled along or over any road within any park, any vehicle at a greater rate of speed than posted, and in any event, not more than 25 miles per hour. (B) No person shall use, operate or propel or cause to be used, operated, or propelled on any municipal beach site, any parasail, parachute, or hang-glider. /B~(C) No person shall park or store any motor vehicle, motorcycle, bicycle, wagon or other vehicle within a park, recreation or municipal beach site except in places designated for such purposes. (C)(D) Laws of the city requiring lights on vehicles shall apply to vehicles in a park, recreation or municipal beach site. 1 ORD. NO. (-D)(E) Vehicles shall be restricted to drives, roadways, paths, walks and trails established for such purposes. Footpaths or walks designated for pedestrian travel shall not be used for vehicular travel. (-E-)(F) No motor vehicles shall be driven upon the municipal beach without a written permit from the Parks and Recreation Department. (~--)(G) All ordinances of the city with respect to vehicles shall be in full force and effect in the parks of said city. (-G-)(H) No person shall ride any horse or other animal within any park and recreation site, except upon bridle paths designated as such. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .., 2003. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. NO. £1TY (IF I)ELR#Y BEA£H CITY ATTORNEY'S OFFICE DELRAY BEACH Ali. America City 1993 DATE: TO: FROM: ', 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Line 561/243o7090 MEMORANDUM January 17, 2003 David Schmidt, Mayor Terrill Pyburn, Assistant City Attorney SUBJECT: Loose Dogs I have researched the issue of loose dogs and dogs running at large pursuant to your recent inquiry regarding loose dogs and I found that Section 5-1(d) of the Tallahassee Code of Ordinances has the most inclusive definition of "at large". The Tallahassee Code defines "at large" as: "...any dog which is not under the direct control of the owner." In addition, Section 5-1(j) of the Tallahassee Code further defines "direct control" as: "Immediate, continuous physical control of a dog at all times such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle, etc .... " The Tallahassee Code also has a section called "Animals to be impounded". In Section 5-12, it states, "It shall be the duty of animal control officers to catch and impound any of the following classes of dogs within the city: (a) Any dog running at large, etc .... " Therefore, it is my position that we may amend our Code of Ordinances, Sections 91.20 and 91.28, to provide for the impoundment of dogs running at large as defined as those dogs that are not within the direct control of the owner, rather than simply those dogs that are off of the premises of the owner. This amendment to our definition of "running at large" could help to alleviate any nuisance or danger that may be caused by dogs that are loose within the City, including those that may be within the owner's private property boundaries, but not adequately contained therein. Attached hereto, please find a copy of the Tallahassee Ordinance, Sections 5-1 and 5-12 as well as a copy of our current ordinance, Sections 91.20-91.28, and a proposed amendment to our current ordinance. Please do not hesitate to contact me at (561)243-7090 if you have any questions. Thank you. Pnnted on Recycled Paper Ordinance No. -03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING TITLE IX, "GENERAL REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 91, "ANIMALS", SECTION 91.20, "RUNNING AT LARGE", PROVIDING FOR THE AMENDMENT OF THE DEFINITION OF AT LARGE; BY AMENDING CHAPTER 91, "ANIMALS", SECTION 91.28, "IMPOUNDMENT; DISPOSITION", PROVIDING FOR CONSISTENCY WITH THE AMENDED DEFINITION OF RUNNING AT LARGE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida has become very concerned about the increased amount of dogs running at large within the corporate limits of the City; and WHEREAS, the City Commission finds that it is in the best interest of the health, safety and welfare, of the citizens of the City to prohibit dogs from running at large within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title IX, "General Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, Chapter 91, "Animals", Section 91.20, "Running at Large" be and the same is hereby amended to read as follows: Section 91.20 RUNNING AT LARGE (A) It shall be unlawful for any person who shall own, or have the care, custody or control of any dog to permit the dog to run at large within the corporate limits of the city. ar e s a mean ....... rem se: c .... o,,mer~. .................. ~ ,,,~ .....~ ~,, ~ ~ ~h~; ...... ; .....~ not under the direct control of the owner. (1) Direct control shall mean immediate, continuous, physical control of a dog at all times such as by means of a leash, cord, secure fence or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. (C) Any dog found running at large within the city limits is declared to be a public nuisance; and the owner of any dog found running at large shall be guilty of an offense. In any prosecution brought under this section, it shall not be necessary for the city to allege or prove knowledge or neglect on the part of any accused person. Section 2. That Title IX, "General Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, Chapter 91, "Animals", Section 91.28, "Impoundment; Disposition", be, and the same is hereby amended to read as follows: Section 91.28 IMPOUNDMENT; DISPOSITION. Any dog found upon ,u .... ,,~;~ ~,~,~ ,~ ...... ,,c ....... ,u ..... *'~;" -~ .... running at large in the city in violation of any of the provisions of this subchapter shall be impounded by the Public Works Department of this city. This animal shall be turned over to the County Animal Control Division as soon as practical. The pickup fee levied by the city shall be $5, except that for multiple offenses within a one-year period the pickup fee shall be $10 for the second offense and $25 for each subsequent offense. In addition, there shall be imposed a boarding fee of $5 per day for each day or fraction thereof that the animal shall be impounded. No animal can be reclaimed from the city unless the owner can show proof of inoculation against rabies and a current county license. The owner of all animals turned over to the city for disposal shall be charged a fee of $5. Section 3.. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. hereby repealed. That all ordinances or parts of ordinances in conflict herewith, be, and the same are Section 5. and final reading. That this ordinance shall become effective immediately upon its passage on second PASSED AND ADOPTED in regular session on second and final reading on this __ ., 2003. day of ATTEST: MAYOR CITY CLERK First Reading. Second Reading. 2 ORD. NO. NextPage LivePublish Page 1 of 2 Sec. 5-1. Definitions. As used in this chapter, the following words and terms have the meanings set forth in this section, unless the context clearly indicates otherwise: (a) Animal: Any domesticated animal or any captive wild animal. (b) Animal Control Officer: Any person employed or appointed by the city or county who is authorized to investigate and enforce violations relating to animal control or cruelty under the provisions of this chapter. (c) Animal Shelter: One (1) or more facilities designated by the city for the purpose of housing and caring for animals held under the authority of this chapter. supAt Large: Any a'nimal, other than a cat or dog, which is off the premises of the owner, while not under the ervision of the owner, or, m the case of dogs, any dog which is not under the direct control of the owner. (e) Cat: The domestic cat, Fells catus. (f) Citation: A written notice issued to a person by an officer stating that the officer has probable cause to believe that the person has committed a civil infraction in violation of this chapter and that the county court will hear the charge. (g) City: The City of Tallahassee, a Flodda municipal corporation. Duties and responsibilities of the city referenced in this chapter shall be d~scharged by the city manager or his designees (h) Dangerous Dog: Any dog that according to the records of either the Tallahassee-Leon Community Animal Service Center, The Leon county Division of Animal control, and any law enforcement agency: (1) Has aggressively bitten, attacked or endangered, or has inflicted severe injury on a human being on public or private property; or (2) Has more than once severely injured or killed a domestic animal while off the owner's property; or (3) Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting; or (4) Has, when unprovoked, bitten a domestic animal or a human, regardless of whether on public or private property, or when unprovoked has chased or approached a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; provided that such actions are attested to in a sworn statement by one (1) or more persons and dutifully investigated by any of the above-referenced authorities. This definition shall not apply to dogs ubhzed by law enforcement officers in the performance of their duties O) Dog' Shall mean the domestic dog, Canis familiaris, or any of the various other animals of the family Canidae. Direct Control: continuous control of at all times such of leash, Immediate, physical a dog as by means a rd, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and hearing of the dog, voice control shall be considered direct control when the dog is actually participating in traimng or in an official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area or to government police dogs. (k) Impoundment: The taking or picking up and confining of an ammal by an officer under the provisions of this chapter. (I) Legal Responsibility: For the purpose of this chapter, the owner as hereinafter defined shall be considered legally responsible for: (1) The actions of an animal; and http ://livepublish.municode.com/8/lpext.dll/Infobase33/1/7b0/7ba/7bb?f=templates&fn=doc... 1/17/2003 Ne, xtPage LivePublish Page 2 of 2 (2) The care of an animal. In the absence of written proof of ownership, all adult members of the household shall be considered legally responsible. (m) Officer: Any law enforcement officer or any animal control officer. (n) Owner: Any person, partnership, corporation or other legal entity owning, harboring or keeping any animal, or in the case of a person under the age of eighteen (18) years of age, that person's parent or legal guardian. This definition shall not apply to any veterinary clinic or boarding kennel. (o) Person: Any individual, firm, corporation, partnership, organization or association. (p) Proper Enclosure for a Dangerous Dog: The secure confinement indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of children and designed to prevent the dog from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under or through the structure, and shall also provide protecbon from the elements. The enclosure shall be kept locked at all times to prevent unintentional opening of the enclosure. The dog shall not be permitted to come ~nto contact with animals other than those which reside on the owner's premises, or come into contact with persons other than the owner(s). (q) Severe Injury: Any physical injury that results in broken bones, multiple punctures, or disfiguring lacerations requiring sutures or cosmetic surgery. (r) Spayed or Neutered: Rendered permanently incapable of reproduction by a licensed veterinarian. (s) Unprovoked Attack or Bite: Attack or bite where the victim has been conducting himself peacefully and lawfully and has been bitten or chased in a menacing fashion or attacked by a dog. (t) Veterinarian Shall mean a person trained and authorized to treat animals medically who is duly licensed and registered by the State of Florida under Florida Statutes, chapter 474, or licensing area in which the veterinarian ~s practicing (Ord. No 89~0-0015AA, 3-22-89; Ord. No. 91-0-0061, § 1, 12-11-91; Ord. No. 99-0-0031, §§ 1, 2, 5-26-99) Cross references: Definitions and rules of construction, § 1-2. http://~ivepub~ish.munic~de~c~m/8/~pext~d~/~nf~base33/~/7b~/7ba/7bb?f--temp~ates&fn=d~.~ 1/l 7/2003 Ne. xtPage LivePublish Page 1 of 1 Sec. 5-12. Animals to be impounded. It shall be the duty of animal control officers to catch and impound any of the following classes of dogs within the city: (a) Any dog running at large as previously defined (b) Any dog which has not been inoculated for rabies and which does not wear a tag as evidence of such inoculation as hereinafter required. (c) Any female dog in heat which is not confined in a proper enclosure as hereinafter provided. (d) Any dangerous dog which is not confined in a secure enclosure as hereinafter provided. (e) Any dog suspected or believed to be infected with rabies or any other infection or contagious disease. (f) Any dog running at large on the premises of pubhc parks or playgrounds It shall also be the duty of enforcement officers to catch and impound any other animal in violation of this chapter. Animal control officers may issue to the known owner or keeper of such animal a warning notice or citation in lieu of impounding an animal, as provided in secbon 5-23. (Code 1957, § 7-18; Ord No. 89-0-0015AA, 3-22-89, Ord No. 91~0-0061, § 3, 12-11-91; Ord. No. 99-0-0031, § 7, 5-26-99) Note: Formerly, § 5-22. http://livepublish.municode.corn/8/lpext.dll/Infobase33/1/7bO/80f/839?f=templates&fn=do¢... 1/17/2003 (~) ~ ~C) C~ ~.. Section 91.20 DOGS Section 91.20 RUNNING AT LARGE. (A) It shall be unlawful for any person who shall own, or have the care, custody or control of any dog to permit the dog to run at large within the .corporate limits of the city. (B) At large shall mean off the premises of the owner or custodian of the dog and not under control by leash, cord, chain or voice control. (C) Any dog found running at large within the city limits is declared to be a public nuisance; and the owner of any dog found running at large shall be guilty of an offense. In any prosecution brought under this section, it shall not be necessary for the city to allege or prove knowledge or neglect on the part of any accused person. ('80 Code, Sec. 5-18) Penalty, see Sec. 91.99 Cross-reference: Dogs at municipal beach, see Sec. 101.27 Section 91.21 DAMAGING PROPERTY OF ANOTHER. (A) It shall be unlawful for any person who shall own or be in control or charge of any dog to allow or permit a dog to enter upon the property &another and damage that property. (B) Property of another shall include private property and any abutting publicly owned property, easements, rights-of-way, cemetery, church or any other property set apart for public use or held for benevolent or charitable purposes which the owner of the abutting private property maintains by planting, mowing, watering, fertilizing or similar care of grass, shrubbery, trees and the like, planted thereon. The intent of this section is to include hll abutting property regardless of ownership except the property owned by the owner &the dog, or the property of · those who have consented to the owner of the dog, to do damage on their property. (C) Damage to property shall include, but not be limited to, urinating or defecating by an), dog upon any property as contemplated herein. (D) In the event any dog shall enter upon the property of another within the corporate limits of the city and shall cause damage Lhereon, proof that it is the property of another and of the damage and the identity of the dog shall be sufficient to convict a person owning or having charge of or control of the dog of violating the terms and provisions of this section. Consent of the owner &the property shall be a defense to the violation. ('80 Code, Sec. 5-23) Penalty, see Sec. 91.99 7X .25 · · Section 91.22 Section 91.22 PROHIBITING DOGS IN PUBLIC BUILDINGS~ PLACES OF BUSINESS. It shall be unlawful for any person who shall own, or be in control of or in charge of, any dog, to allow or permit the dog in any public building in the city, or in any place of business in the city without the permission &the owner or manager of the place of business. ('80 Code, Sec. 5-17) Penalty, see Sec. 91.99 Section 91.23 INJURY TO AND INrI'ERFERENCE WITH POLICE DOGS PROHIBITED. In addition to the provisions of Sec. 91.01, it shall be unlawful for any person to knowingly batter, disable, injure, kill, torture or torment any dog used by the Police Department in an official capacity while the animal is with an on-duty police officer or while the animal is under the control and direction of a police officer and performing a law enforcement function, or to interfere with or obstruct any animal while the animal is being employed by the Police Department in any authorized act within the Department's official capacity. ('80 Code, Sec. 5-7) (Ord. No. 18-81, passed 4/28/81) Penalty, see Sec. 91.99 Section 91.24 FEMALE DOGS IN SEASON. No person owning or having custody of any female dog shall permit a female dog off the premises of the owner or person having control of that dog when the dog shall be in season, unless the same is under control and attached to a leash. ('80 Code, Sec. 5-22) Penalty, see Sec. 91.99 Section 91.25 VICIOUS DOGS~ MUZZLES. All vicious dogs kept in the city shall be adequately muzzled if they appear on the public streets, thoroughfares or other public places in the city. A dog shall be considered a vicious dog if the dog has attacked or attempted to attack a person on a public street, thoroughfare or other public place in this city, and a complaint has been made to the Public Works Department of this city concerning the same, and the owner of the dog has been notified in writing by the Public Works Department of this city of the attack or attempted attack. ('80 Code, Sec. 5-19)(Ord. No. 18-81, passed 4/28/81) Penalty, see Sec. 91.99 IX. 26 Section 91.26 Section 91.26 REPORT OF DOG BITES REQUIRED. In the event any person is bitten by a dog within the city, then it shall become the duty of the person or the owner of the dog with knowledge thereof, to report the incident to the Public Works Department of the city, or to the County Health Department, within 24 hours thereafter. ('80 Code, Sec. 5-20) (Ord. No. 18-81, passed 4/28/81) Penalty, see Sec: 91.99 Section 91.27 QUARANTINE OF BITING DOG; RABIES; LIABILITY. Any dog reported to have bitten a person shall be kept in quarantine for a period of time as may be designated by the County Health Officer for the purpose of testing the dog for disease. Any dog suspected of being infected with rabies shall be released by its owners or custodian to the County Health Officer for laboratory analysis by a licensed veterinarian. No liability for compensation to the owner of the dog shall attach to the city by virtue of any procedure by the County Health Officer. ('80 Code, Sec. 5-21) Penalty, see Sec. 91.99 Section 91.28 IMPOUNDMENT; DISPOSITION. Any dog found upon the public streets, thoroughfares or other public places in the city in violation of any of the provisions of this subchapter shall be impounded by the Public Works Department of this city. This animal shall be turned over to the County Animal Control Division as soon as practical. The pickup fee levied by the city shall be $5, except that for multiple offenses within a one-year per/od the pickup fee shall be $10 for the second offense and $25 for each subsequent offense. In addition, there shall be imposed a boarding fee of $5 per day for each day or fraction thereof that the animal shall be impounded. No animal can be reclaimed from the city unless the owner can show proof of inoculation against rabies hnd a current county license. The owner of all animals mined over to the city for disposal shall be charged a fee of $5. ('80 Code, Sec. 5-16) (Ord. No. 18-81, passed 4/28/81) Section 91.29 PRIMA FACIE EVIDENCE OF VIOLATIONS. In the event any dog shall be found in violation of the provisions of this subchapter, proof of the violation and the identity of the dog shall be prima facie evidence of the violation of this subchapter by the person owning or having charge of or control of the dog. ('80 Code, Sec. 5-15) IX.27