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Agenda Reg 03-18-03City of Delray Beach Regular Commission Meeting Tuesday, March 18, 2003 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delmy Beach City Hall 100 NW 1st Avenue Deltay Beach, Florida Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. ~,. 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. Co 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 acuvity conducted by the City. Contact Doug Randolph at 243- 7127 (voice), 24 hours prior to the event in order for the City to accommodate your request. Adaptive hstening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. o INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · NONE PROCLAMATIONS: ho B. C. D. Recognizing and Commending Vera Farrington Recognizing and Commending the Delaire Country Club Commending multiple medal winners - Delray Beach 2003 Senior Games Temple Sinai 25th Year Anniversary - March 2003 PRESENTATIONS: ho C. D. E. RESOLUTION NO. 16-03: Recognizing and Commending Luis Lluveras for 30 years of dedicated service to the City of Delray Beach. Roots Cultural Festival, Inc. - Libby Wesley Lake Ida Homeowners' Association -Joanne Peart Delray Camera Club Awards - "Florida-Our Sunshine State" 14"' Annual Del-Aire/Dekay Citizens for Dekay Police - Charities Golf Tournament to benefit Delray Beach Fire Rescue and Police Departments - Perry DonFrancisco American Legion Milton Myers, Post 65 - Scott Schley CONSENT AGENDA: City Manager Recommends Approval. ho Bo REQUEST FOR SIDEWALK DEFERRAL/ISLAND DRIVE: Approve a request to defer the installation of a sidewalk in front of 1117 Island Drive. Staff recommends approval. FINAL SUBDIVISION PLAT APPROVAL/WASHINGTON MUTUAL: Approve the boundary plat for Washington Mutual, located at the southwest comer of southbound Federal Highway and S.E. 10m Street. FINAL SUBDIVISION PLAT APPROVAL/C, ONGRESS COMMERCE CENTER: Approve thc boundary replat for Congress Commerce Center, located on the southeast comer of Congress Avenue and Lake Ida Road. -2- 03-18-2003 D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 10. Accept the actions and decisions made by the Land Development Boards for the period March 10, 2003 through March 14, 2003. E. AWARD OF BIDS AND CONTRACTS: Purchase award to the Dell Corporation in the mount of $17,550.00 via the State of Florida Contract #250-000-03-1 for the purchase of ten (10) mid-range desktop computers for the Police Department. Funding is available from 334- 6112-519-64.11 (Computer Equipment). Bid award to Solutions Landscaping Maintenance, Inc. at an estimated annual cost of $15,000.00 for nuisance abatement (lot clearing and mowing) for the Code Enforcement Department. Funding is available from 001-2741-524-34.30 (General Fund/Lot Mowing & Clearing). Lease award to Ikon Office Solutions in the total amount of $23,622.84 over a three (3) year term via the Miami-Da& Contract #143-BB05 for the lease of a Canon Image Runner 8500 Digital Copier to be shared by the Community Improvement and Planning & Zoning Departments. Funding is available from 001-2511-515-44.30 and 001-2711-524-44.30 (General Fund/Equipment). REGULAR AGENDA: ho REQUEST TO REDUCE LIENS/VERNANDO SCADLOCK: Consider a request from Ms. Vernando Scadlock to waive the interest and administrative/recording fees in the amount of $2,514.70 assessed for abating nuisances on property located at 126 N.W. 11~' Avenue. Ms. Scadlock is prepared to pay the remaining lien of $3,458.50. Staff recommends approval. SPECIAL EVENT REQUEST/2~D ANNUAL CARIBBEAN AMERICAN FESTIVAL: Consider a special event request for the 2'a Annual Caribbean American Festival sponsored by the Haitian Cultural Society of the Palm Beaches and Toussaint L'Ouverture High School to be held on May 10, 2003 from 3:00 p.m. to 10:00 p.m. at Old School Square, including a waiver of LDR Section 4.6.7(D)(3)0)(ii) to allow event signage to be installed by May 17, 2003, trash removal/site clean up, EMS service, staff support for security and traffic control with the event sponsor paying fifty (50%) of overtime costs; contingent on the sponsor providing liability insurance and a hold harmless agreement. EXTENSION/SUPERLATIVE GROUP. INC.: Consider a request from Superlative Group, Inc. for a ninety (90) day extension to the naming rights agreement for the Tennis Center. PUBLIC HEARINGS: A. NONE 03-18-2003 11. 12. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOI.I.OWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: Ao ORDINANCE NO. 8-03: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", of the Code of Ordinances by amending Section 96.25, "Discharge or Use of Fireworks" to prohibit the use of pyrotechnic special effects, flame effects, or similar devices inside of buildings/enclosed spaces and to specify the requirements for outdoor fireworks displays. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MARCH t4, 2003 -4- 03-18-2003 WHEREAS, Veto Farrington was bom in West Palm Beach, Florida, on March 3, 1929 and moved to Delmy Beach in 1932 with her sister and mother; and WHE~, Vexa attended and graduated from George Washington Carver High School in 1947, received her Bachdor of Sdence Degree in Homemaking from Tuskegee Institute m 1958, and earned her Master's degree in Education from Florida Atlantic University in 1973; and WHEREAS, Vera has had two marriages and through these unions she had a son Bryon (deceased) and has a beautiful daughter, Charlene, and two wonderful grandsons, Joshua and Eddie Alex Jones; and WHEREAS, Ms. F*rrin~on taught in Palm Beach County Schools for 34 years. She served as a Life Sdence teacher at Lincoln Junior High School from 1958-1962 and Poinciana Junior High School from 1963-1968, and she served as Interim Dean of Girls and Dean of Students at Boca Raton I-hgh School from 1970-1972. She retired from the Palm Beach County School System as an Assistant Principal in 1992; and WHEREAS, Vexa is affihated with Mt. Olive Baptist Church of Delray Beach, a member of Alpha Kappa Alpha and Zeta Phi Beta Sororities, a volunteer for the Historical Society, City of Delmy Beach Pollworker, and is the President and Founder of Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH). Under Ms. Farrin~on's leadership, the S.D. Spady Cultural Arts Museum opened m 2001; and WHEREAS, Ms. Farrin~on has receaved numerous commumty service and achievement awaxds, a few of which include *'Ken ~llin~gogth ~ommBnit~/ Service Award", 2000; ~olunteer Woman of the Year Nomlnee", 2002; "Deltay Beach Masonic Lodge #275 CommBnity Service Award'', 2002; "Keeper of the Torch Award", 2002; "Member of Who's Who in Executives and Ptofession~l~'', 2003; and JM Family Enterprises, Inc. *`African American Achievers: Art~ & Culture Award", 2003. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Dehay Beach, Florida, on behalf of the City Commission, arid ali of the citizellS of Delray Beach do hereby recognize and co,~end VERA FARRINGTON and call upon all present to acknowledge and applaud the multitudinous contributions Ms. F*rrin~on has made and continues to make to her commutfity. She is an EDUCATOR - HUMANITARIAN - HISTORIKN! IN WITNIgSS WHIgRBOF, I have hereunto ~et my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 18* day of March, 2003. DAVID W. SCHMIDT MAYOR WHEREAS, the residents of the Delaire community began an annual golf tournament in 1990 at their Country Club, for the exclusive benefit of the Delray Beach Fire-Rescue Department, the Delray Beach Police Department, and Delray Citizens for Delray Police; and WHEREAS, since 1990, this annual fund raiser has resulted in the Delaire community donating approximately $160,000.00 each to the Fire-Rescue Departmem and Police Department; and approximately $50,000.00 to Delray Citizens for Delray Police to support their operational needs; and WHEREAS, the donations to the Delray Beach Fire-Rescue Department have resulted in the purchase of hydraulic lifesaving tools known as '~Jaws of Life", dry suits for rescue diving, instrumentation for the testing of air quality (as it relates to biological hazards), thermal imaging camera, computerized training mannequins, 12- Lead Monitor Defibrillators, portable radios, as well as Advanced Airway Management mining for all department personnel; and WHEREAS, during the same time, donations to the Delray Beach Police Department have been used to purchase personal protection suits (as it relates to chemical or biological exposure) sophisticated S.W.A.T. Team Equipment, training equipment, community policing bicycles, Kawasaki ATV Mule, bullet proof protective vests, building secmity camera, steering wheel clubs, ASP Collapsible Baton and Holders, dive equipment to support the Dive Team, digital crime scene camera, recruiting brochures and video production. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby acknowledge and thank the residents of DELAIRE COUNTRY CLUB for their support and efforts on behalf of the Delray Beach Fire-Rescue Department, and the Delray Beach Police Department, and the Delray Citizens for Delray Police. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 18* day of March, 2003. DAVID W. SCHMIDT MAYOR WHEREAS, the City of Delray Beach Pa~ks and Recreation Department is dedicated to enriching the quality of life for commu~tity members by providing meaningful recreational oppommifies m exemplary park environments; and WHEREAS, the Parks and Recreation Department held the 14th Annual Delray Beach Senior Games from February 7, 2003 through February 14, 2003 for parficapants over 50 years young; and WHIgRF. AS, there were 11 athletic events, to wit, golf, tennis, track and field, swimming, health walk. basketball slnlls, bowling, lawn bowling, bridge, shuffleboard and table tennis; and WHEREAS, the Delxay Beach 2003 Senior Games were designated an official regional qualifying site for the 2003 Florida State Senior Games; and WHERF_.a~, there were 300 contestants in the 2003 Senior Games, 11 of whom won 4 or more medals, to wig Jay Charles - 10 medals (5 gold, 1 bronze in swimming and 4 gold in track and field); Dr. Herbert Fusash - 10 medals (5 gold and 5 stlver in swimming); Lotmg Holmes - 10 medals (8 gold and 2 silver in swimmlqg); Alvin l~mlth~er - 7 gold medals in swmammg; Ed Rangel - 6 medals (2 gold and 1 silver in track and field, 1 gold and 1 silver in basketball skills, and I silver in bowling); Benjamin Jimenez - 5 medals 0 gold and 2 bronze in track and field); Robert Spaulding - 5 gold medals in swinxming; Vivian Stirpe - 5 medals (2 gold in track and field, 3 silver in swimming); Bill Campbell - 4 silver medals in swimming; Neil Eichelbaum - 4 gold medals in switaamirlg; Justin Langsner - 4 medals (2 gold m track and field, 2 gold in basketball skills); NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Comnussion, do hereby proclaim that Jay Charles, Dr. Herbert Furash, Loting E. Holmes, Alvin Malthaner, Ed l~nooe~ Beni~mln Jimenez, Robert Spauldino% Vivian Stirpe, Bill Campbell, Neil lgichelbaum, and Justin Langsner are to be commended for their rnuny trim.phs in this compelation, and fox their spirit and enthusiasm. IN WITNESS WHEREOF, I l~ve hereunto set my hand and caused the Official Seal of the City of Delray Beach. Florida, to be affixed this 18t~ day of March, 2003. DAVID W. SCHMIDT MAYOR WHEREAS, in June 1978, through the perseverance of founders, Jerry and Grace Gilbert and a dozen dedicated families, 200 people attended the first worship service of the Reform Hebrew Congregation in Delray Beach; and WHEREAS, in September 1979, the membership had more than doubled and Rabbi Samuel Silver was installed as the first permanent spiritual leader, and in 1980, the congregation was renamed Temple Sinai of Palm Beach County; and WHEREAS, Temple Sinai received its charter from the Union of American Hebrew Congregations in 1981, secured land for a sanctuary, assembly, and study; and initiated a Religious School in 1983 providing opportunity for 7 children to begin the study of their Jewish Heritage; and WHEREAS, upon the retirement of Rabbi Samuel Silver, Temple Sinai embraced Rabbi Dr. Chaim Wender as their spiritual leader in 1996 who is beloved as a interpreter of Torah, teacher, and counselor; and WHEREAS, Temple Sinai of Palm Beach County is an innovative, traditional Reform Jewish House of worship addressing the needs of a diverse, multigenerational Jewish community by providing a meaningful spiritual, lifelong educational, cultural, and social environment filled with warmth and a sense of family; and WHEREAS, Voluntarism is the lifeblood of Temple Sinai's congregation through involvement in community social action efforts in support of women's shelters, school supplies for students, donations to the local food pantry, and shadng videotapes with the imprisoned; and WHEREAS, in March 2003, the Congregants of Temple Sinai will commemorate the first 25 years of their founding. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby recognize and commend TEMPLE SINAI OF PALM BEACH COUNTY on its 25th Anniversary in the City of Delray Beach, Florida, and congratulate their commitment to outstanding service to the community through deeds of loving kindness. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 18~ day of March, 2003. DAVID W. SCHMIDT MAYOR RESOLUTION NO. 16-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING LUIS LLUVERAS FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Luis Lluveras was hired by the City of Delray Beach on March 14, 1973; and WHEREAS, on March 14, 2003, Luis Lluveras reached a milestone in his career, having achieved thirty (30) years of continuous, full-time service with the City of Delray Beach; and WHEREAS, Luis' warmth, kindness, and compassion are well-known and recognized throughout the City of Delray Beach and these attributes serve as a reminder to us all to seek opportunities for service to our fellow man; and WHEREAS, the City of Delray Beach and the Environmental Services Department are honored to have Luis Lluveras as a valued member of the municipal team over the past 30 years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOI.I.OWS: Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Luis Lluveras for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Luis Lluveras for his many years of service. PASSED AND ADOPTED in regular session on this the 18m day of March 2003. ATI'EST: MAYOR City Clerk AMERICAN LEGION Milton Myers, Post 65 PO Box 1365 Delray Beach, FL 33447 Monday, March 10, 2003 We are requesting To present to Mayor Schmidt a plaque~ Of appreciation from the American Legion Post # 65 on your March 18th meeting Under your Presentations schedule Thank you for your consideration For God and Country Scott W Schley Commander~ MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 18, 20021 REQUEST FOR SIDEWALK DEFERRAL/Ill7 IS,IAND DRIVE MARCH14, 2003 The attached agreement is between the City and Camec, Ltd. to allow the waiver of the requirement to construct a sidewalk pursuant to Land Development Regulations Section 6.1.3 (D)(1)(b) within the right-of-way in front of a single-family residential lot (1117 Island Drive) located on the north side of Island Drive. Currendy, there are no sidewalks in this area and no plans to install sidewalks on Island Avenue. Therefore, staff is in support of the developer's request to have the sidewalk in front of 1117 Island Drive deferred. Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk improvements until such time as the City requests the sidewalk to be constructed. S:\C~ty Clerk\chevelle folder\agenda memo~\S~de~valkDeferralRequest.03.18.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Ran dal L. Krejcarek, P.E. 6-Mar-03 City Commission Agenda Item Sidewalk Deferral Request 1 t 17 Island Drive The attached agenda item is a request for a deferral of sidewalk installation in front of 1117 Island Drive. This lot is a single family residential lot located on the north side of Island Drive. There currently are no sidewalks on Island Drive. Although a sidewalk may be installed at some point in the future, there are no plans to install a sidewalk on Island Drive at this time. Therefore, staff supports the request to have the sidewalk in front of 1117 Island Drive deferred. The attached map indicates the location of this sidewalk deferral. Please place this item on the 18 Mar 2003 Commission Agenda. Thanks. enc cc Richard Hasko, P.E. file S:tEngAdm/nisidewalk deferralsi 1117 island dr deferral agenda memo 13mar2003. doc GEORGE B '- ND D IV[ I I BEACH DRIV~ 8ER~CES DEPA~E~ SIDEWALK DEFERRAL Prepared By: ILETURlq TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Aveaue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this 2003 between bib day of F&qS£-~t-~,P-~¢ , thc City of Delray Beach (hereinafter the City) and ]..-/~ (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along I.II? untU suoh time as the City requests thc construction of the sidewalk by the Owner. WHEREAS, Land DeveIopment Regulation Section 6.1.3(C) requires the installation ora sidewalk, within the .~t'~ o'~ ~o~ ~ right~of-way immediately abutting the subject property, by the Owner prior to the issuance ora certificate of occupancy; .and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation ora sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the.requirement for the installation of a sidewalk, at this time, for the property located at: 1. The Owner agrees to 'construct a sidewalk, at its sole cost and expense, along the ~[ ~V~ ['~l ~.~~.~right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall me~t all of the current ordinances of the City of Ddray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. 1N WITNESS WHBREOF, the parties to this agreement set their hands and seals this ~ day of ATTEST: City Clerk A. pprovcd as to form and sufficiency: ,200 . CITY OF DELRAY BEACH, FLORIDA By: Mayor City Attorney 2 (Plcasc type or print name) (Please type or prhlt name) STATE OF FLolP-I DA COUNTY OF ~')/~[Z)AYZ./'3 The foregoing instrument was aclmowledg~l before me this ~& day of ~i~?.Ut~L)l ....., 200~_ by /)fJ~G~..,-/.~ V'..~ cc.,~. ~__~, c~,,V.. (name of officer or agent), of C,~I..(~C L UI3. (name of corporation), a oHIO (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identifi~tion) as identif~a~6n and did/did Sigfiat~e of Notary Pt/61ic' - State of ~'&OP~l b~a~ 3 Date: 06 Mar 2003 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 18 Mar 2003 Description of Agenda Item (who, what, where, how much): The attached agenda item is a request for a deferral of sidewalk installation in front of 1117 Island Drive. This lot is a single family residential lot located on the north side of island Drive. There currently are no sidewalks on Island Drive, Recommendation Staff recommen~le~pproval Department Head Signature: (__.~~ ~-~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N^ Account Number NA Description NA Account Balance: NA Funding Alternatives: NA City Manager Review: O/~j~ Approved for Agenda: Y~/No Initials: Hold Until: Agenda Coordinator Review: Received: S:tEngAdmin~sidewalk deferrals~ 1117 island dr deferral agenda 13rnar2003. doc (if applicable) MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # - REGULAR MEETING OF MARCH 18, 2003 FINAL PLAT APPROVAL/WASHINGTON MUTUAL MARCH 14, 2003 This is before the Commission to approve the final boundary plat for Washington Mutual. The property is located on the southwest comer of southbound Federal Highway and S.E. 10m Street. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for Washington Mutual. S:\C~ty Clerk\chevelle folder\agenda memos\Final Pht WastungtonMutual.3.18 03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L. Krejcarek, PE ~2~.~ 12 Apr 2003 Washington Mutual Plat Please find an agenda request for Commission approval of the boundary plat Washington Mutual. The property is currently vacant. A location map and a reduced copy of the plat are enclosed. This project did not require any other board approval because it is a boundary plat. If this meets with your approval, please place it on the 18 Mar 2003 Commission Agenda for approval. enc cc TAC file S:~EngAdmin~TAC~Washington Mutual~Ol apr2003 agenda memo. doc LIN TON BOULEVARD CITY of DELRAY BEACH WASHINGTON MUTUAL DATE2/IO/05 ENVIRONMENTAL SERVICES DEPARTMENT LOCATI ON MAP ,~SO~'~SWWrO. A~L,"~'~ar=,,,C~..O.D,,,~..~200~-200 1 of 1 _ Pill, S^3^~nSIHgI~f]O0~ LLL£LGBZO~ LO:~T £00~1T~/~0 k SA-qA~I-I$1H91 anoo~ 6~p' A¥1d'I:IO-IYnlnNNOIgNIHS¥~-.LV,-ld~6~"[~\ .H k/_/_E/_GS/_Ot~ LO :~I Date: 12 Mar 2003 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda When: 01 Apr 2003 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the boundary plat for Washington Mutual. The property is located on the south west corner of southbound Federal Highway and SE lOth Street. I have enclosed a location map and a reduced copy of the plat. This project did not require any other board approval because it is a boundary plat. Staff Recommendation: Approval Department Head Signature: ~-~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Special Agenda Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda:~ / No Initials: Hold Until: (if applicable) Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Washangton Mutual\01apr2003 agenda.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM - REGULAR MEETING OF MARCH 18, 2005 FINAL PLAT APPROVAL/CONGRESS COMMERCE CENTER MARCH 14, 2003 This is before the Commission to approve the final boundary plat for Congress Commerce Center Replat. The property is located on the southeast comer of Congress Avenue and Lake Ida Road. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for Congress Commerce Center Replat. S'\C~ty Clerk\chevelle folder\agenda memos\Final Plat CongressCommerccCenter 3 18 03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: David T. Harden Randal L. Krejcarek, PE DATE: 14 Mar 2003 SUBJECT: Congress Commerce Center Re-Plat The attached agenda request is for Commission approval of the boundary re-plat for Congress Commerce Center. The property is currently vacant and is located on the south east corner of Congress Avenue and Lake Ida Road. I have enclosed a location map and a reduced copy of the plat. This project did not require any other board approval because it is a boundary plat. If this meets with your approval, please place it on the 18 Mar 2003 Commission Agenda for approval. enc cc TAC file S:~EngAdmini TA C~Congress Commerce Center~18mar2003 agenda memo.doc ~ ~  CI~ of DELRAY BEACH CONGRESS COMMERCE CENTER E~RONME~AL 8E~CE8 ~P~E~ LOCATION MAP ~ ~ ~ ~ ~r ~ ~, ~ Z003- 20( 551 '55 Date: 14 Mar 2003 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 18 Apr 2003 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the boundary re-plat for Congress Commerce Center. The property is located on the south east corner of Congress Avenue and Lake Ida Road. I have enclosed a location map and a reduced copy of the plat. This project did not require any other board approval because it is a boundary plat. Staff Recommendation: Approval Department Head Signature: ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda:(~ No Hold Until: (if applicable) Initials: Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Congress Commerce Center\01apr2003 agenda.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~ - REGULAR MEETING OF MARCH 18, 2003 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS MARCH 14, 2003 Attached is the Report of Appealable Land Use Items for the period March 10, 2003 through March 14, 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.3 18.03 TO: THRU: FROM: SUBJECT: T. HARDEN, CITY MANAGER PAUL DOR ECTOR OF PLANNING AND ZONING ~ASMIN ALLEN, PLANNER MEETING OF MARCH '18, 2003 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS MARCH 10, 2003 THRU MARCH 14, 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 March 10, 2003 through March 14, 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. Approved (7-0), a request to amend the master sign program to allow a flat wall sign for Domino's at Delray Town Center, located at the northeast corner of Linton Boulevard and South Military Trail (4801 Linton Boulevard). B. Approved (7-0), a request for a color change for Croton Court Apartments, located on the east side of NE 7th Avenue, north of NE 4th Street (417-421 NE 7th Avenue). C. Approved with conditions (6-0 Mr. Elopoulos stepped down), a Class II site plan modification, landscape plan and architectural elevation plan associated with parking and fagade improvements for Bank of America, located on the north side of East Atlantic Avenue, approximately 150 feet west of Seabreeze Avenue (1001 East Atlantic Avenue). Concurrently, the Board approved a waiver reducing the required terminal landscape island on the west side of the dumpster from 5' to 3'. City Commission Documentation Appealable Items Meeting of March 18, 2003 Page 2 Approved with conditions (7-0), the architectural elevation plan associated with the proposed townhouse component for Old Palm Grove, a 44 lot subdivision comprising of single family homes and townhomes, located at the northeast and southeast comers of North Federal Highway and Royal Palm Boulevard. Approved with conditions (7-0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the construction of a two-story 3,378 square foot building addition for Begula Wine Bar & Restaurant, a proposed mixed-use building (restaurant and residential), located at the northwest corner of SE 2nd Avenue and SE 1st Street. Concurrently, the Board approved the following waivers: - Reduced the required minimum stacking distance along the adjacent alley from 5' to 3'. - Reduced the required minimum landscape buffer along the adjacent alley from 5' to 3'. G. Approved with conditions (6-0 Mr. Eliopoulos stepped down), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 3-story parking structure with 369 parking spaces and 161 surface parking spaces for the South County Courthouse Garage, located at the northeast corner of SW 2nd Avenue and SW 1st Street. Concurrently, the Board approved a waiver reducing the stacking distance along SW 2nd Avenue from 50' to 20'. Approved (5-2 Ms. Jamison, Mr. Perez-Azua dissenting), a request for a Certificate of Appropriateness associated with the installation of a sign for Saraga & Lipshy, P.A., located at the northeast corner of NE 1st Avenue and NE 2nd Street (201 NE 1st Avenue). Concurrently, the Board recommended (7-0) that the City Commission approve a waiver of the sign code to allow more than one freestanding sign on the lot. Approved (7-0), a request for a Certificate of Appropriateness associated with elevation changes and a reduction of square footage for a previously approved new th th single family residence located at 319 SE 7 Avenue (east side of SE 7 Avenue, south of SE 3rd Street). No Regular meeting of the Planning and Zoning Board was held during this pedod. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- March 18, 2003 GULF STREAM 8LVD L-30 CANAL 2NDS? SW U38 CANAL C-15 CANAL S.P.R.A.B.: A DOMINO'S B CRONTON COURT APARTMENTS C. BANK OF AMERICA D. OLD PALM GROVE E. BELUGA WINE & RESTAURANT F. SOUTH COUNTY COURTHOUSE GARAGE H.P.B.: I SARAGA & LIPSH¥, P.A. 2 319SE 7THAVENUE / V ONE MILE GRAPHIC SCALE CiTY OF DELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT 2003 - - DIGITAL BASE-MAPPING SYSTEM - - MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~, AGENDA ITEM # {s~'-" - REGULAR MEETING OF MARCH 18, 2003 AWARD OF BIDS AND CONTRACTS DATE: MARCH 14, 2003 This is before the City Commission to approve the award of the following bids: Purchase award to the Dell Corporation in the amount of $17,550.00 via the State of Florida Contract #250-000-03-1 for the purchase of ten (10) mid-range desktop computers for the Pohce Department. Funding as available from 334-6112-519- 64.11 (Computer Equipment). Bid award to Solutions Landscaping Maintenance, Inc. at an estimated annual cost of $15,000.00 for nuisance abatement (lot clearing and mowing) for the Code Enforcement Department. Funding is available from 001-2741-524-34.30 (General Fund/Lot Mowing & Clearing). Lease award to Ikon Office Solutions m the total amount of $23,622.84 over a three (3) year term via the Miami-Dade Contract #143-BB05 for the lease of a Canon Image Runner 8500 Digital Copier to be shared by the Community Improvement and Planning & Zoning Departments. Funding is available from 001-2511-515- 44.30 and 001-2711-524-44.30 (General Fund/Equipment). Recommend approval of the above bids and purchases. S:\City Clerk\chevelle folder\agenda memo\B~d Memo.3.18 03 MEMORANDUM TO:. FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Patsy Nadal, Buy.er Joseph Saffor~_.ce Director 3/6/2003 PURCHASE APPROVAL OF TEN- (10)REPLACEMENT DESKTOP COMPUTERS FROM THE DELL CORPORATION Item Before Commission: City Commission is requested to approve the purchase often- (10) mid-range usage desktop computers from the Dell Corporation for the Police Department. The total purchase amount will be $17,550.00 including service warranties and delivery. Back~round: This request is for replacement and upgrade of computer equipment for various areas of the Police Department. The desktop computers are available from the State of Florida Contract # 250-000-03-1 per the attached quotation # 100019843, dated 01/! 5/2003. Recommendation: Staffreeommends the purchase often- (10) desktop computers for placement in the Police Department for the total amount of $17,550.00. Funding from account code # 334-6112-519-64.11, Renewal and Replacement Fund. Attachments: CC: Quotation # 100019843, Dated 01 / 15/2003 Requisition # 102932 wfMIS Approval Equipment Assignment Listing 1 Jackie Rooney, Purchasing Manager(~ 100019843 Page 1 of 2 DELL QUO TA TION Date: 1/15/2003 2:13:51 PM QUOTE #: Customer #: Quote Date: Customer Name: 100019843 1015934 1/15/2003 CITY OF DELRAY BEACH TOTAL QUOTE AMOUNT: $1,755.00 Product Subtotal: $1,645.00 Tax: $0.00 Shipping & Handling: $110.00 Shipping Method: Next Day Total Number of System Groups: I I ! GROUP: l I C~UANT~TY: 1 SYSTEM PmCE: $t,645.001 GROUP TOTAL: $1,645.00 Base Unit: OpfiPlex GX260T, 1.80GHz,P4, 400FSB,512K Cache, Gray Small Minitower Base (221-0697) Memory: 512MB, Non-ECC, 266MHz DDR, lx512, GX260 (311-1714) Keyboard: Dell PSI2 Keyboard in Gray, NoHot Keys, Optiplex (310-1515) Monitor: Dell UltraSharp i 702FP, Flat Panel,17.0 Inch Viewable ImageSize,OptiPlex, Gray (320-1150) Video Card: 32MB,ATI, Radeon VE,VGA/DVI,1 or 2 Monitor Graphics Card, GX260 Small Minitower (320-0436) Hard Drive: 80GB EIDE, 7200 RPM, ATA/100 Hard Drive, GX260 (340-6091) Floppy Disk Drive: 3.5 inch, 1.44MB, Floppy DriveGX260 (340-6286) Operating System: Windows XP, Professional Version, Service Pack 1, NTFS, CD, English, OptiPlex (420-2119) Mouse: Logitech USB, Optical, Wheel 2-button Mouse In Gray Optiplex (310.1470) NIC: Integrated Intel Gibabit NIC, 10110011000, with Alert Standards Format, GX260 (430-0353) CD-ROM or DVD-ROM Drive: 48X CD-ROM, EIDE, Small Desktop or Minitower, GX260 (313-1159) Sound Card: Integrated Sound Blaster Compatible AC97 Sound, OptiPlex (313-8170) Speakers: harmanlkardon 206 Speakers, Optiplex, Gray (313-0970) Documentation Diskette: OptiPlex Resource CD (313-7168) Service: Type 3 Contract - Next Business Day Parts and Labor On-Site Response, Initial Year (900-6630) Type 3 Contract - Next Business Day Parts and Labor On-Site Response, 3YR Extended (900. Service: 6203) Installation: Standard On-Sita Installation Declined (900-9987) Mlsc: Mouse Pad (310-3559) COMMENTS *'2504)00-03-1'*** file ://C :~Documents%20and%20SettingsLnadal~Local%20Setfings\Temporary%20Intemet... 2/28/2003 100019843 Page 2 of 2 TOTAL QUOTE AMOUNT: $1,755.00 Product Subtotal: $1,645.00 Tax: $0.00 Shipping & Handling: $110.00 Shipping Method: Next Day Total Number of System Groups: I SALES REP: BARBARA HARBER Email Address: Barbara_Harber@Deil.com PHONE: 800-981-3355 Phone Ext: 43012 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.comlquote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. **Sales/use tax is a destination charge, i.e. based on the 'ship to' address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to Dell Tax Department at 512-283-9276, referencing your customer number. If you have any questions regarding tax please call 800-433-9019. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_DFS_AssetRecovery@dell.com. Minimum quantities may apply. file://C :~Documents%20and%20Settings~nadalX,Local%20Settings\Temporary%20Internet... 2/28/2003 {"3 0 o o o ~ 0 0 o o o o r~ 0 H ~1 ~ H 0 0 0 13"J .~1 AGENDA REQUEST Request to be placed on: March 13, 2003 Date: March 4, 2003 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Approve the purchase of ten- (10) mid-range desktop computers, via the State of Florida Contract #250-000-03-1 from the Dell Corporation for the Police Department. The total purchase amount will be $17,550.00 including service warranties and delivery. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached YES Recommendation: NO X NO Staff recommends the purchase of ten- (10) desktop computers. The computers will be upgrades of equipment currently installed in the Police Department for $17,550.00. Funding from account code 334-6112-519-64.11, Renewal and Replacemen~Fund. Department Head Signature~d'-,/ ~~% Determination of Consistency w~'~ Comprehensive Plan: City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items in~volving expenditure of funds): Funding available: Yes {/' ~/~.) ' No Funding alternatives: ~J" (if applicable) Account Number: ~ ~ ~'~ ~ ! / ~- ~ 3"/'~ ~(, ~/,- { ( Account Description: ~'~,-~p,,+~- Ef,,,~,~,~ Account Balance: Approv~ for agenda: Yes /~ No Hold Until: Agenda Coordinator Review:. Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Manager~ Joseph SafforK~ce Director March 11, 2003 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING MARCH 18, 2003 - BID AWARD - BID #2003-03 NUISANCE ABATEMENTS (LOT CLEARING) FOR CODE ENFORCEMENT - ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve award to low bidder, Solutions Landscaping Maintenance Inc. for Nuisance Abatements (Lot Cleating & Mowing) for Code Enforcement at an estimated annual cost of $15,000. Background: The Code Enforcement Division has a need for an annual contract for lot cleating and mowing of vacant lots or occupied properties in order to correct violations of Chapter 100 of the City Code of Ordinances. Bids were received on December 04, 2002 fi.om eleven (11) contractors all in accordance with City purchasing procedures. (Bid #2003-03. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Community Improvement Director and Code Enforcement Administrator recommend award to low bidder, Solutions Landscaping Maintenance Inc. per attached memo dated March 6, 2003. Solutions Landscaping Maintenance Inc. has agreed to hold their pricing of their bid submitted for the December 04, 2003 opening. See attached memo to vendor dated February 20, 2003. Recommendation: Staff recommends award to low responsive bidder, Solutions Landscaping Maintenance Inc. at an estimated annual cost of $15,000. Funding from account code 001-2741-524-34.30 (2003-2004 budget). Attachments: Tabulation of Bids Memo From Community Improvement Director Memo Signed by Solutions Landscape Maintenance Inc. Memorandum TO: THRU: FROM: SUBJECT: DATE: Jackie Rooney, Purchasing Supervisor L~i~arB ~t lii'u~ri~dUenid~ IfcTcP~°m~en~ eiffr~ in~iCd~o r~ NUISANCE ABATEMENT BID #2003-03 March 6, 2003 I am recommending that the above bid be awarded to Solutions Landscaping Maintenance Inc., the low bidding firm. Please prepare the necessary paperwork to have this item placed on a City Commission agenda for their review and approval. As always, your help and cooperation in this matter are appreciated. RB :mh Z uJ uJ 0 u. Z §- LU >- 0 (D AGENDA REQUEST Request to be placed on: March 18, 2003 Date: March 11, 2003 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Approve award of Bid #2003-03 to Iow bidder, Solutions Landscaping Maintenance Inc. for Nuisance Abatement (Lot Clearing & Mowing) for the Code Enforcement for the estimated annual cost of $15,000. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve the award to Solutions Landscaping Maintenance Inc. for Nuisance Abatement (Lot Clearing & Mowing) for the Code Enforcement per Bid #2003-03 for an estimated annual cost of $15,000. Funding from account code 001-2741-524-34.30 (Fiscal year 2003-2004) Department Head Signatur~ _ Determination of Consistency w~,tfl Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all it, ems invplving expenditure of fun_ds): _ Funding available: Yes Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: Yes Hold Until: Agenda Coordinator Review: Received: Action: Approved (if applicable) Disapproved MEMORANDUM TO:. FROM: THROUGH: DATE: David Harden, City Manager Patsy Nadal, Buy~ Joseph Saffor~~ Director 3/6/2003 SUBJECT: APPROVAL OF THREE- (3) YEAR COPIER LEASE AGREEMENT WITH IKON OFFICE SOLUTIONS Item Before Commission: City Commission is requested to approve a three- (3) year copier lease agreement with the Ikon Office Solutions for a Canon Image Runner 8500 Digital Copier located in Community Improvement and shared with Planning and Zoning. The total commitment amount will be $23,622.84 over a three- (3) year period or $656.19 per month via the Miami-Dade Contract #143-BB05. Background: This request is for replacement of a Toshiba analog 9060 copier leased in December of 1997. The lease agreement for the Toshiba 9060 has expired and due to industry transition from analog to digital technology the cost associated with maintaining analog copiers has increased to the point where it would not be a sound business decision to continue acquiring analog technology. The current Toshiba 9060 has experienced more down time in the past two- (2) years than normal, this later due to the unavailability of parts for analog copies. In the last three months, the entire drum has been replaced two- (2) times. The acquisition of new technology on the surface will appear to be an increase to the current monthly expenditures but when all factors such as supply cost, printing cost, labor cost, and multiple asset management cost, the City will realize a savings. The current copier lease with Toshiba is $601.08 per month; this is only the base cost for the Toshiba 9060. Cost for the 60,000 copies included ~ $.007 per copy is an additional $420.00 per month. This cost of $420.00 per month was omitted in error by Toshiba on the original contract. Toshiba will not extend the current contract at the same rate due to error. The total cost for the three- (3) year lease agreement with Ikon Office Solutions will be $23,622.84 or $656.19 per month and $.0037 for excess copies, including unlimited service and supplies (except paper and staples), with 60,000 copies per month included in the monthly cost via the Miami-Dade Contract # 143-BB05. The Director of Community Improvement and the Director of Planning & Zoning has approved this per attached memo, dated 03/04/2003. Recommendation: Staffrecommends replacement of the Toshiba 9060 analog copier with the Cannon Image Runner 8500 digital copier. Planning & Zoning and Community Improvement share the expense for this copier equally. Funding from account codes: 001-2511-515-44.30, P & Z- $11,811.42 / $328.10 month 001-2711-524-44.30, CI- $! 1,811.42 / $328.09 month Attachments: Approval Memo, 03/04/2003 Ikon Proposal, 02/19/03 Jackie Rooney, Purchasing Manag Memo To: From: Subject: Date: Patsy J. Nadal - Buyer Lula Butler - Director, Community Improveraenl Paul Dorling - Director, Planning & Zonin~o~ ~ Copier Replacement- Toshiba 9060 March 4, 2003 We have reviewed your memo and back-up documentation of February 26, 2003. We are recommending the leasing of the Image Runner 8500, Miami-Dad Contract 143-BB05. The lease cost will be $656.19 a month, which will be split between our two departments. Please let us know when we can expect the new copier. As you know, the existing copier is now breaking down on a regular basis. LB:DQ · Page 1 3~6~2003 COPIER QUOTE OVER-VIEW - Community Improvement Replacement fl Toshiba 9060 PAGES COST OVERAGE MODEL # PER MIN. PER MONTH PER COPY COST/YR TOTAL-3 YR. IKON Canon IR8500 85 $ 656.19 $ 0.0037 MINOLTA Di 650 65 $ 798 38 $ 0 0075 TOSHIBA e-STUDIO 650 65 $ 809 70 $ 0 009 XEROX DC490 90 $ 834.52 $ 0.007 MILNER Aficio 1085 85 $ 910 25 $ 0 0048 $ 7,874.28 $ 23,622.84 $ 9,580.56 $ 28,741.68 $ 9,716.40 $ 29,149.20 $ 10,014.24 $ 30,042.72 $ 10,923.00 $ 32,769.00 12 12 12 12 12 36 36 36 36 36 NOTE: 60,980 COPIES PER MONTH INCLUDE IN COST *PRINT CONTROLLER and NETWORK INTERFACE ADDITIONAL IKON Office Solutions ~ S~uperior,Products '$uperio) Service Superior S#pport Work To Win! Proposal Prepared for City of Delray Beach Community Improvement Attention: Patsy Nadal Image Runner 8500 Miami-Dade Contract 143-BB05 System Highlights 85 PRINTS PER MINUTES · Digital Scan Once, Print Many Technology · 100 Sheet Digital Document Feeder · 2x1500 Paper Draws, 2x550 Paper Draws, · 50 Sheet Multi-purpose Tray · Limitless Automatic Two Sided Copying · Finisher/Staplerl00 pg. Multi-Position 3,000 output. · Image Server Memory196MB RAM + 10GB HD · Tab Copying and Insertion · Copy Reservation- 5 copy Jobs, Job Building- Unlimited · 100 Mailboxes-Store& Merge Print or Scanned Documents · Mailbox capacity-approx. 7,700 pgs, 2,000 docs, 1,000docs/box · Dept ID's- 1,000 with up to 7 digit password Financial Considerations Lease - ,9-~,,/,,~'. ~'~t Optional Network Bd. 36 Months $ 656.19 $117.56 Includes the following: · 60,000 copies included per month, overage ~ $ .0037 · Ail supplies included except paper& staples · Unlimited Service ( Parts& Labor) included · Delivery, Installation and Training Proposal Date: 02/19/03 Revised Paul Franklin Government Account Executive AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: March 18, 2003 X Consent Agenda ~ Special Agenda Description of agenda item: Date: March 6, 2003 __ Workshop Agenda City Commission is requested to approve a three- (3) year copier lease agreement with the Ikon Office Solutions for a Canon Image Runner 8500 Digital Copier located in Community Improvement and shared with Planning and Zoning. The total commitment amount will be $23,622.84 over a three- (3) year period or $656.19 per month via the Miami-Dade Contract # 143-BB05. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached YES NO Recommendation: Staffrecommends replacement of the Toshiba 9060 analog copier with the Cannon Image Runner 8500 digital copier. Planning & Zoning and Community Improvement share the expense for this copier equally. Funding from account codes: 001-251 !-515-44.30, P & Z- $11,811.42 / $328.10 month 001-2711-524-44.30, CI- $11,811.42 / $328.09 month Department Head Signat~ ~ ~~~) Determination of Consistency ~/h Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budge~ Director Review (required on all items involving expenditure of fun~s): F~-'7_. ,f, 7.. "~/r~'7 ~V'~ ~-.~,tC--- Funding available: Yes t/' ~ No C_~ Funding altematives: Account Number: Account Description: Account Balance: City Manager Review: ~c,~ ~1/,1/0~ Approved for agenda: Yes No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved (if applicable) Memo To: From: Date: Re: David Harden, City Manager Lula Butler, Director, Community Improvement March 12, 2003 Request for Release of Lien - 126 NW 11~h Avenue ITEM BEFORE THE COMMISSION: City Commission consideration of a request from Vemando O. Scadlock to waive the administrative and recording fees and the interest assessed on property located at 126 NW 11t~ Avenue. The total interest and fees to be waived is $ 2,514.70. BACKGROUND: The City demolished an unsafe structure and abated a nuisance from the referenced property in 1992. The property owners have maintained the parcel free of nuisances with the exception of one special collection that was removed on 1/27/00 since the demolition. The property was originally owned and occupied by Ms. Scadlock's parents. The parents and other siblings are now deceased. She is requesting that the payment of these liens be waived since she was unaware of them. Our records indicate that registered mail was sent to her in 1991, 1992 and 1993 as one of the property owners. These notices involve the Notice of Intent to demolish with the cost, the fact that the demolition had occurred and the cost and a notice to file a lien due to non-payment. We have attached a copy of the letter from Ms. Scadlock, who takes the position that she now lives on a fixed-income and will ultimately sell this property to aid in her retirement. In this case, the City spent a total of $3,458.50 for the demolition and abatement of nuisances to this property. The Commission has, by past actions, supported the reduction of liens, preferring to recoup it's out-of-pocket costs. In this case, the City spent a total of $3,458.50 for the demolition and abatement of nuisances to this property. RECOMMENDATION: Staff is recommending approval of the request to reduce the lien amount from $5,973.20 to $3,458.50. Ms. Jeanine Wester, Ms. Scadlock's niece, will be present at the Commission meeting to answer any questions. 126 NW 11th Avenue Cost Breakdown Invoice Type of Out of Admin Recording Date Work Pocket Char,qes Fees #17248 Nuisance 4/16/92 Abatement #17528 4/30/92 Demolition #16225 Special 2/22/00 Collection Totals Release Amount Requested Owner Paying Total Charges Interest To-Date 38.50 65.00 2.91 106.13 3420.00 342.00 11.50 418.50 3,458.50 2.91 $2,514.70 $3,458.50 $5,973.20 1987.16 2,093.29 Total Cost 212.54 5749.16 11.50 5,973.20 Vernando O. Scadlock 202 Elaine Circle East West Palm Beach, Florida 33402 February 13, 2003 Lula Butler Department of Community Improvement 100 NW 1 st Ave Delray Beach, Fl 33444 RE: Property 126 NW 11th Avenue Ms. Butler, I am writing in reference to the governmental liens placed on the property located at 126 NW 1 lth Ave, Delray Beach. As of today, I am the sole survivor of the property owners, my parents and sibling are deceased. I am 63 years old and trying to change the name of the ownership. Later on I will possibly sell the property to aid with my retirement. I was unaware of this particular lien of $5,722.84, because the notices of the lien were not given to me from the prior occupant, who was not a relative. My family has paid other charges that we were aware of. I am on a fixed income and I am requesting that the lien be released in total. If that is not possible, I am requesting that the interest be eliminated from the lien and I would only have to pay only the principal amount, so that I can clear the title to the property. Thanking you in advance for you assistance. Sincerely, Vernando O. Scadlock RECEIVED FFa 1 2003 COMM. IMP. ADMIN. Date: March 13, 2003 Agenda Item No. (~ AGENDA REQUEST Agenda request to be placed on: X Regular __ Special __ Workshop __ Consent When: March 18, 2003 Description of Agenda Item: Request for Release of Lien for 126 NW 11th Avenue Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature:~ Ci_ty Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~/No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved £1TY E)ELRI:IY BEACH DELRAY BEACH NI-AmedcaCity 1993 2001 FROM: 100 N.W. 1st AVENUE / IE ORANDUM David T. Harden City Manager ~ao~bert A. Barcinski Assistant City Manager DELRAY BEACH, FLORIDA 33444 DATE: SUBJECT: March 12, 2003 AGENDA ITEM''~b CITY COMMISSION MEETING MARCH 18, 2003 SPECIAL EVENT APPROVAL - CARIBBEAN AMERICAN FESTIVAL ACTION City Commission is requested to endorse the 2"d Annual Caribbean American Festival proposed to be held on May 10, 2003 from 3:00 p.m. to midnight on the grounds at Old School Square. The event is being sponsored by the Haitian Cultural Society of the Palm Beaches and Toussaint L'Ouverture High School. The event sponsor are also requesting staff assistance for traffic control and security, EMS service, trash removal and site clean up, a waiver of LDR's Section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed more than one week prior to the event, and a 50/50 split of overtime costs. BACKGROUND Attached is correspondence from received Jimmy Jacques on behalf of the Haitian Cultural Society of the Palm Beaches requesting City approval of this event and City staff assistance for security and traffic control, EMS service, trash removal and site clean up and event signage. The event is proposed to be held on the grounds at Old School Square. The site will be secured with fencing and a fee will be charged for admission. This years event will also include a children's area. Approval has been given by Old School Square for use of their site. A draft site plan as well as a budget for the event is attached. Estimated overtime costs for the event is $4,500. Last years cost were $5,124. RECOMMENDATION Staff recommends approval of the event, staff assistance for traffic control and security, EMS service, trash pick up and site clean up and event signage to be installed by May 17t~, and the sharing 50/50 of the overtime costs. However, we do recommend that the event end at 10:00 p.m. versus midnight. Approval to be contingent on the receipt of the certificate of insurance and hold harmless agreement. RAB/tas Ftle u'sweeney/events Doc Cartbbean Amertcan Festtva12003 561/243-7000 Prlnted on Recycled Paper THE EFFORT ALWAYS MATTERS · ~ ,-14-ESIB3 12:44 FROM: T0:5612437199 P.2 T~ ~Fml Llnk~ BOARD OF Directors Jimmy Jacque~ President Harcly G. Nlcoleau ViCe Pres/denf Nancy E. Pef~a-Bdnk GIIberte Jules Secretary Joe Bemaclel, Maj. Us Army (ReL) Diane Ailerdyc®, Ph.D. ADVISORY BOA.~,~ Mary McCafly Commissioner Faire leoch County' Joseph Bapflde, DDS NOA# ChaPman Lenz Audain, Ph.D., MD Mtchaef D. Nlcoleau, hq. Gerard Fen~re, PhD I~Me~or ~t. Jose~)h U~enlty, PA Haitian Cultural Society of the Palm Beaches 11985 Southern Blvd. Suite ~ 2S8, West Brim l~cb, Fl, 3~d111 Phone: (S61) ?12-123'7 Fox: (S61) 686-7318 Emil: hcspb~mzn.com February II. 2003 Robert A. Barcinski Assistant City Manager City of Delray Beach 100 N.W. Is~ Avenue Delray Beach. Fl 33444 Duar Mr. B~inski: The Hailian Cultural Society of th~ Palm B~cbcs h~ partnership with Tous~int L'Ouvcrture Nigh School rot thc Arts and Social Srcstict~ is sponsoring thc 2nd Annual Caribbean-American Music Festival on Saturday, May 10, 2003 from 3:00PM to Midnight at Old School Square, Delray Beach, Florida. This year's theme is "Celebration" - celebrating Caribbean dsversity, which complimenls the Commission's diversity goals, Proceeds from the festival will be used to promote Haitian cultural awareness through education, and providing a link between various conununities of South Florida and Haiti through social events. Last year's festival was attended by more than 2,500 people. This year we expect to double the attendance. We appreciate all your assistance last year. We are again requesting in- kind or monetary assistance from the City of Delray Beach for traffic control, sucurity, EMS ~ervi~:e, ~'ash removal and site cleanup, a waiver of LDR's Section 4.6,7(DX3Xj)0i) to allow event sigaage to be Nac~J more than one week prior to thc cvcnt and a 50/50 split of overtirnu costs, The festival will begin with a parade at 3:00 P.M. The parade route will be stoning at I st Avenue bchind Old School Square. then turn, left at 1st Street, let~ at Sw/flton Avenue, left at Atlantic Avenue, Left on 2nd Avenue, left on I st Street, then ending back at I St Avenue. We will need the support of the Delray Beach Police Department to entre the street closures during this time frame. Plans are well under way. We have already contracted to use Old School Square. The facility will be adequately fenced and an entrance fcc will be ~hgrged. For our main attraction, we have ~ontracted with a popular Haitian band known as 'l-Vice and various local groups This year we also have an expanded youth area with a stage for local youth talent, bounce hour. thee painting and other vendors. Oa Friday. May 9, 2003. we will also be holding a pre-fe~ival reception for our sponsors, volunteer, and community members. For your information, we have included a rou~ layom oC the Old School Square property with our proposed u~g¢ and a budget of' expenditures. I look forward to discussing our request in more detail. Please contact mc al 561-682-1167 or 561-541-1060 for further information. Enolosures Toussaint L'Ouverture High School for Arts and Social Justice Februa~' 13, 2003 Jimmy Jacques, President Haitian Cultural Society of the Palm Beaches 11985 Southern Blvd., Suite 258 West Palm Beach, FL 33411 We are delighted to parlner with the Haitian Cultural Society of the Palm Beaches to produce the Second Annual Caribbean-American Music Festival on Saturday, May 10, 2003, at Old School Square. Toussaint L'Ouverture High School for Arts & Social Justice (TLHS) is a Delray Beach, 501 (C)3 organization serving students and families of diverse backgrounds, ethnicities, and socioeconomic class. TLHS's vision is Io empower youth to be co-creators of a world they can believe tn. Arts. infiused educational opportunities and a rich cultural outreach program enhance our academic curriculum and provide our students, faculty, staff, and family members the opportunity to build bridges across demographic boundaries in order build a stronger, more unified community. The Second Annual Caribbean-American Music Festival on Saturday, May 10, . 200G, at Old School Square, Delray Beach, Florida, will encourage the kind of cultural exchange that TLHS supporis and promotes. We are happy to inl~grate the festival theme, "Celebration,' inlo our curricular and extra-curricular programs to promote ethnic, racial, cultural diversity and cultural pride in Palm Beach County, particularly Delray Beach, On behalf of our entire school community, we look forward to continuing our working partnership with HCSPB to bdng this culturally significant festival, "Celebrations,' to Delray Beach. Chief O~i~ratl~ Officer Mailing Addrv_~s: School Ad~-,~s: 777E AtlanticAvc-Su~cZ~153 95NE.~Avc FAX (561)243-407t) ~tray Bc,~h, FL 334R3 ~l~y Beach, ~ 33444 w~ E-Mail; int~)~ to~naamtlouvcnurc FEB-2G-2003 11:07 FROM: TO:SG12q37199 P.2~3 HAITIAN CULTURAL SOCIETY OF THE PALM BEACHES 2003 CARIBBEAN-AMERICAN MUSIC FESTIVAL BUDGET Keveflue: ~ )on$ors Gate Receipts iVendors Food Vendors Non-Food Vendors ; Non-Profit Organ'_~a._bo_n_s_ ..... Beverages Projected Revenues Expenses: Site Old School Square Fencing Sound engineer Equipment (sound equipment) Tent ~5,o00.00 ¢0,000.00 .... 11600.00 1,500,00 375.00 B,000.00 17e,375.00 $2,400.00 .... 5,000.00 .... i,500.00 '- ,~oo ~o' I~so.oo Tables and Chairs Total Youth Area Sound BOUI1Ce HOUSe Tent Tables and Chairs Total ~e'fr~hments Food Drinks Total Publicity_ Adraphics work ver'esements '.Banners PhotocopyingiPnnbng_. 3ostage rotal '200.00 S?50.00 500.00 400.00 180.00 200.00 J~2,030.00 1;1,000_.00 350.00 II ,360.00 ~1~950.00 .3,500.00 .,500.00 800,00 500.00 FEB-2G-~003 11:07 FROM: TO:SG12q37199 HAITIAN CULTURAL SOCIETY OF THE. PALM BEACHES 2003 CARIBBEAN.AMERICAN MUSIC FESTIVAL BUDGET Programming -'- :Performers Epea~ers v~nt 'Pl':nner .... Hotel [Total ~bc~llaneous iOelray Beach City - Secu '.ri~y_ _ ,-iability Insurance ..... 5taft T.Shirts relephone )Valkle Talkies rransportation ~hotocopying ~ostag_e Stationery Supplies rotal ~;25r000.00 50.00 r,600.O0 ,000.00 ~roJeot~d Ex, encee 'r.o_jected Net Profit ~mpared by Nancy E. P-et~a-Brink, February 26, 2003 $34,660.00 ~3,000.00 ),500.00 500.00 500.00 -'' 400.00 100.00 50O0 150,00 300.00 $8300,00 70,860.00 $$,515,00 P.3/3 Feb 05 03 06:03p Old School S~uar~ 561-243-?01B p.2 OLD SCHOOL SQUARE EVENT CONTRACT 51 N. Swinton Avenue, Delray Beach, FL 33444 phone: 561=243-7922 fax: 561-243-7018 www.oldschooLorg EVENT SCHEDULE Date Event Roe m Saturday May 10, 2003 Caribbean-American Festival OSS Entertainment Pavilion & Grounds TYPE: Rental Contact: Jimmy Jacques, President COMPANY: Time St~t~s 3:00pm - 12'00am Hold Haitian Cultural Society of the Palm Beaches Haitian Center for Family Services PO Box 18055 West Palm Beach, FL 33416 ADDENDA TO THIS CONTRACT See Old School Square Rental Agreement attached and made a part hereof. Additional charges for stage technicians and/or equipment will be billed based on actual use; see specifically, OSS Entertainment Pavilion Addendmn attached and made a part hereof. For technical information, stage requirements and to arrange load in and performance schedules, contact Brian Ridolfo, Technical Director, 561-243-7922 x321 or 320. Certificate of Liability Insurance naming Old School Square, Inc. and the City of Delray Beach as additional insured in amotmt not less than $1,000,000 required (Liquor Liability inclusion is required if alcoholic beverages are to be served). Copy of Certificate of Tax Exemption required (Fla. Dept. of Revenue Form DR- 14) if applicable. Copy of final event site plan for load in and set up shall be provided OSS at least one week prior to event. Copy of event contact list, including all event planner~, City employee, security and vendor contacts shall be provided OSS at least one week prior to event. All required tent and/or event permits, licenses, inspections and/or waivers of City ordinance are the responsibility of the Renter. Costs incurred by event for additim~al support requested of the City of Delray Beach will be the responsibility of the Renter. Safety/Security - Private security within the perimeter of the event will be provided by the Renter, and plans will be approved by the Delray Beach Police Department. If the DBPD determines the need for uniformed officers within the perimeter of the event, all costs incurred will be the responsibility oft,he Renter. (Uniformed officers will be required for events with gated admission and/or serving alcoholic beverages.) Security requirements outside the perimeter of the event will be determined at the sole discretion of the DBPD. Any costs incurred will be the responsibility of the Renter. Emergency medical services will be required at any event with an estimated attendance over 2,500 people and will be confirmed and scheduled by the Delray Beach Fire Departmem. Any costs incurred will be the responsibility of the Renter. Signs/Banners - The display of signs and banners within the OSS Entertainment Pavilion is restricted. Some media banners may be prohibited. All banners must be approved by Old School Square prior to the event, No banners will be attached to or permitted on the face of the Entertainment Pavilion. Poles will be provided tbr reformation/sponsor and concession banners, munber of signs and size permitted to be provided. GarbagedSanitation/Malntenance- Additional garbage/refuse containers will be required. Delivery and pick-up of additional dumpster facilities, 20 yard container minimum, will be the responsibility of the Renter. All grounds maintenance/trash removal plans will be arranged by the Renter; plans will be reviewed by Old School Square. Event bathrooms will be cleaned and monitored at all times during event by the Renter. Old School Square Grounds and Entertainment Pavilion area shall be cleared and restored to condition existing prior to the event. Should the services of the Delray Beach Parks and Recreation Department be needed to restore grounds, all costs incurred will be the responsibility of the Renter. It is the Renter's responsibility to inform any person, vendor and/or company involved in this event of the rules and regulations outlined in the Event Contract, Rental Agreement, and Entertainment Pavilion Addendum. 2/5/03 Page I Feb 05 03 06:04p Old School Square 561-243-7018 p.3 FEE INFORMATION Sat. May 10, 2003 3:00pm - 12:00am Catibbenn-Ameeiean Festival Umts Room/Resource Unit Price Price Sub Total OSS Entertainment Pavilion $1,500.00 less 50% $750 00 $750 00 I security deposit $700.00 $700.00 $700.00 Total for Event: $1,450.00 $45 oo $0.00 $45.00 Total Room Charges: Total Other Charges: Grand Total Excluding Tax: Sales Tax: Grand Total Including Tax: $750.00 $700.00 $1,450.00 $45,00 $1,495.00 security deposit Total Deposit Required: $700.00 due with signed contract Total $795.00 $700.00 $1,495.00 OLD SCHOOL SQUARE SCHEDULE AND INFORMATION Sat. May 10, 2003 3:00pm - 12:00am Caribbean-American Festival - OSS Entertainment Pavilion Estimated Attendance Security Hours 4,000 7:00am - 1:00am Should you or anyone involved in planning this event need access to Old School Sqmu'e, it is necessary to schedule an appointment. Thank you for your cooperation. Director of Center Services, Old School Square, lac. Date: Renter: Haitian Cultural Society of the Palm Beaches Date: 2/5/03 Page 2 [IT¥ JIF: DELRI:I¥ EIER[ D£LRAY BEACH AII-AmericaCity 1993 2001 FROM: 100 N W. 1st AVENUE MEMOi DUNI David T. Harden City Manager Asbert A. Barcinski sistant City Manager DELRAY BEACH, FLORIDA 33444 DATE: SUBJECT: March 14, 2003 AGENDA ITEM~'~ CITY COMMISSION MEETING MARCH 187 2003 TENNIS FACILITY NAMING RIGHTS ACTION City Commission is requested to consider granting a ninety (90) day extension to the contract with the Superlative Group, Inc. BACKGROUND The contract for naming rights with the Superlative Group, Inc. expires March 31, 2003. Attached is a memorandum I received from Mr. Dubin requesting that we consider granting a ninety (90) day extension to the existing contract. This extension would be at no additional cost to the City. If approved a formal amendment would be placed on your next agenda. RECOMMENDATION Staff recommends consideration of a ninety (90) day extension to the Agreement with the Superlative Group, Inc. for naming rights. RAB/tas Fde, u sweeney/events Doc Tenms Facthty Naming Rights 561/243-7000 THE EFFORT ALWAYS MATTERS Pnnted on Recycled Paper A Dtvtston of Dubtn & Associates Golf& Tennis Management, Development& Consultation MEMORANDUM TO: FROM: DATE: CC: RE: Bob Barcinski Brian Hicks, The Superlative Group Tennis Center Naming Rights As you are aware the City of Delray Beach entered into an agreement with The Superlative Group on May 6, 2002 to provide the City with a marketing assessment of the naming rights for the Delray Beach Tennis Center and act as the exclusive marketing representative relating to the sale of the naming rights. This contract expires on March 31, 2003. To date I have had numerous conversations and have received timely updates as to their progress in regard to the sale. I am aware that they have had positive conversations with a major local company who is expressing interest. I am recommending that the City extend the initial contract for 90 days at no additional fee, at which time we will analyze our position. Please do not hesitate to contact me with any questions or comments. 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 [IT¥ OF DELRI:IY BEI:ICH CITY ATTORNEY'S OFFICE ~oo mw ,~, ~v,$~,.. ,,.,~^~ ,,.^~,, ~o,,,^ ~,4, TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DATE: March 12, 2003 Writer's Direct Line 561/243-7091 MEMORANDUM TO: FROM: David Harden, Cityj~anager ~x_...,.._.-..,--~ Brian Shutt, Assistant City Attorney SUBJECT: Proposed Chanqes to Section 96.25 of the Code of Ordinances The Fire Department has proposed changes to Section 96.25 of the Code of Ordinances regarding fireworks, pyrotechnic devices and special effects. The proposed changes prohibit the use of pyrotechnic special effects, flame effects and/or similar devices inside any building, tent, structure, or other enclosed space. Another proposed change also provides that for public outdoor fireworks displays a permit from the Fire Department must be obtained and all financial bond and safety requirements must be met. If this ordinance meets with your approval please place it on the March 18, 2003 City Commission agenda. Please call if you have any questions. Attachment CC: Barbara Garito, City Clerk Kerry Koen, Fire Chief ORDINANCE NO. o~ -03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.25, "DISCHARGE OR USE OF FIREWORKS", TO PROVIDE THAT THE USE OF PYROTECHNIC SPECIAL EFFECTS, FLAME EFFECTS OR SIMILAR DEVICES INSIDE BUILDINGS OR OTHER ENCLOSED SPACES IS PROHIBITED AND TO SPECIFY THE REQUIREMENTS FOR OUTDOOR FIREWORKS DISPLAYS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the prohibition of pyrotechnic special effects, flame effects or similar devices inside buildings, tents or other enclosed spaces promotes the health, safety and welfare of the residents of Delray Beach; and WHEREAS, the City Commission has also determined that it promotes the health, safety and welfare of the residents of Delray Beach to provide for certain requirements regarding outdoor fireworks displays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORDA, AS FOLLOWS: Section 1. That Chapter 96, "Fire Safety and Emergency Services", Section 96.25, "Discharge or Use of Fireworks", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 96.25 DISCHARGE OR USE OF FIREWORKS~ PYROTECItNIC DEVICES AND SPECIAL EFFECTS. The discharge, firing or use of firecrackers, rockets, torpedoes, Roman candles or other fireworks or substances designed and intended for pyrotechnic display, and of pistols, canes, cannons or other appliances, using blank cartridges or caps containing chlorate or potash mixture, is prohibited. The use of pyrotechnic special effects, flame effects and/or similar devices inside buildings, tents, structures and/or other enclosed spaces is prohibited. Flame effects include, but are not limited to, batons, and/or torches fueled by liquid, solid or gaseous fuels; flame projectors which produce heat effects and/or flames; flash powders composed of fuel(s) and oxidizer(s); flares and similar devices. Pyrotechnic special effects include, but are not limited to, chemical mixtures used in the entertainment industry to produce visible, audible or thermal effects by combustion, deflagration or detonation. However, this section shall not prohibit public.~.ov,....,a;~' .... ..~c ~.c' ....... ....._..~'~.~ outdoor fireworks/pyrotechnic displays where the permission of the City Manager has been obtained, and for which a permit has been obtained from the Fire-Rescue Department, all financial bond requirements established by the City have been satisfied, and other prescribed safety requirements have been met. 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. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are Section 4. reading. That this ordinance shall become effective upon its passage on second and final PASSED AND ADOPTED in regular session on second and final reading on this the __ 2003. day of MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD NO. ~,- C~