07-95 ?~AILED ON SECOND/FINAL READING - 2/7/95
ORDINANCE NO. 7-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 101.35,
"STORING BOATS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION
101.35(F) TO PROVIDE FOR AN INCREASE IN THE PERMIT
FEE FOR BOAT STORAGE ON THE MUNICIPAL BEACH;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 101.35 of the City Code,
permits for boat storage on the municipal beach are issued by the City
of Delray Beach; and
WHEREAS, a fee is required to be submitted with the
application for a boat storage permit; and
WHEREAS, the permit fee for boat storage on the municipal
beach has not been increased since 1989; and
WHEREAS, the City Commission deems it to be in the public
interest to increase the fee for a boat storage permit.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations", Chapter
101, "Parks, Beaches, and Recreation",. Section 101.35, "Storing
Boats", Subsection 101.35(F), of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(F) The permit fee to be submitted with the
application shall be $~/~ $300.00. plus applicable
taxes.
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conflict herewith be, and the same are hereby repealed.
FAILED ON SECOND/FINAL READING - 2/7/95
FAILED ON SECOND/FINAL READING - 2/7/95
~ 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 , 1995.
M A Y 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 7-95
FAILED ON SECOND/FINAL READING - 2/7/95
MEMQRAND UM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM ~ /0. ~ - MEETING OF FEBRUARY 7. 1995
SECOND READING AND PUBLIC HEARING FQ~ ORDINANQ~ NQ. 7-95
BOAT STORAGE PERMIT FEE
DATE: FEBRUARY 1, 1995
This is second reading and public hearing for Ordinance No. 7-95
which amends Section 101.35(F) of the City Code by increasing the
permit fee for boat storage on the municipal beach. The proposed
fee is 8300.00, plus tax, for a total annual fee of $318.00.
The fee increase was initially proposed by the Director of Parks
and Recreation as a means to reduce the high demand we experience
for the permits. At the January 10th workshop, staff was also
directed to look into the possibility of expanding the boat storage
area.
Attached is a survey of rates charged by local businesses for the
outside storage of boats. By comparison, the City's proposed fee
is still less expensive than those charged by private companies.
In addition, we have been notified by the State Department of
Environmental Protection that they will allow us to expand the boat
storage area since it does not impact the sea turtle program. We
are in the process of researching this matter.
At first reading on January 17, 1995, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 7-95 on second and final
reading.
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DELRAY BEACH
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243~7000
AIl-,~mericaCity
1993
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Sailboat Storage on the Beach
DATE: February 1, 1995
Attached please find an analysis of costs from local businesses for the
outside storage of boats. The rates run from $31.80 to $60 per month
for boats in the 20 foot range for an average of $43.39 per month for
the 10 businesses surveyed. This compares with our existing rate of
$10.73 per month and our proposed rate of $26.50 per month or $318 per
year, which includes tax.
Also attached is correspondence indicating that the State Department of
Environmental Protection has reversed their previous position, and
indicated that the boat storage area may be expanded from its current
limit of 40, as long as it does not impact on the sea turtle program.
Currently, the boat storage area is approximately 300 feet long, and
Section 101.35 of our City Ordinance is very specific as to the
location where boats may be stored. Since the northern beach area was
deeded to the City, this may be to insure that no deed restrictions
were violated, and I have asked our City Attorney to review this deed
for possible restrictions.
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
-2-
I recommend the boat storage fee be increased to $318 per year (tax
included) or $26.50 per month. This is still cheaper than the lowest
rate offered by the private sector by $60 per year, and is $202 cheaper
than the average of the 10 businesses surveyed that offer boat storage
facilities. Please keep in mind that storing the boat is a great
convenience and precludes the need to trailer the boats to and from the
boat storage areas. The price increase in itself may be enough to
prevent persons from camping out all night in front of the Community
Center to get a permit. However, this is still a bargain for such a
convenience, and per the Mayor's suggestions, we should consider
expanding the boat storage area to accommodate 10 additional boats in
addition to the price increase.
Please review and advise.
D°~e~eld°n
tor of Parks and Recreation
Attachment
cc: Susan Ruby
City Attorney
JW:cp
Ref:dhsailbt
MONTHLY RATES-INCLUDES TAX (INCLUDES TRAILER)
NAME INSIDE OUTSIDE
ADDRESS STORAGE STORAGE
PHONE
1. Delray Storage $79.50 $47.00
13366 Military Trail
498-3555
2. Congress Self Storage $42.00
731-1400
3. Boynton-Delray Stow-a-way $118.00(10x20) $31.80(20' or under)
3000 N. Federal Highway $130.20(10x25) $47.70(21' & larger)
737-1322 $145.04(10x30)
4. Security Storage of Delray NO INSIDE $44.52
2900 Georgia Street
272-1283
5. Southern Self Storage DOES NOT STORE ONLY SMALL
14101 Military Trail SAILBOATS ROW BOATS
496-0434
6. Greer W.C. Storage NO INSIDE $33.60
7352 N. Federal Highway (2 months security
278-2626 deposit-S60.00;
plus 1st months rent)
7. Security Mini Storage $95.00 (10x20) $50.00
Plus Trailer Pkg.
495-0678 outside only $50.00
8. Delray Mini Storage NO INSIDE $60.00
2724226
9. Safeway Self Storage $162.00 $45.00
276-1400
10. Boynton Mobile Village NO INSIDE $35.00(Less than 25')
1801 N.Federal Highway (More than 23' is
732-5592 $1.50 for each foot)
11. Boynton Space Plus $171.00(11x29) $45.00 (9x25')
2941 S.W. 14th Place
734-6303
MEMORANDUM
TO: Joe Weldon, Director
FROM: J. Dragon, Assistant Director
DATE: January 27, 1995
SUBJECT: Sailboat Storage Area on the Beach
After further discussion regarding the sailboat storage area on the beach, Mr. Mike Sole,
Environmental Specialist for the State Department of Environmental Protection, reversed
his previous position to deny any expansion of our beach sailboat storage area. This
reversal appears to have resulted fi.om further discussions he had with "Red" Taylor, DEP
local inspector, John Fletemeyer, Sea Turtle Consultant for the City of Delray Beach, and
Joe Dragon. Through those discussions it was determined that there has been an
insignificant number of, fewer than 10, sea turtle nests per 1000' segment in the sailboat
storage area; that the City has an excellent record of managing the sea turtle program; and
the sailboat activity has had no impact on the sea turtle program.
Mr. Sole further indicated that DEP does not regulate beach recreation activities and as
long as the sailboat activity area does not impact on the sea turtle program or the dune
vegetation area, and no structures are built he has no objection to the expansion of the
boat storage area. He indicated a field permit may be issued by the local inspector, "Red"
Taylor.
The following is a brief history of the boat storage area as we have come to find out fi.om
Rich ConneR, Beach Supervisor, who has worked for the Beach Patrol since 1975. Prior
to 1976 there was no defined boat storage area and there were regularly 5-6 sailboats
hapbsz~rdly stored on the beach. In 1976/77 the City identified a specific storage area
300' long for 30 boats and implemented the current permit/fee program with the initial fee
being $50. annually. In 1980/81 the City Manager approved increasing the number of
boats that could be stored there to the current limit of 40 boats, but did not expand the
storage area.
The boundaries of the storage area as outlined in the City Ordinances were probably
surveyed by the City as none of the DEP people can verify that it was done by their office.
The survey may in some way be related to the deeded-beach property at the north end of
the beach. Further research into this probably should be considered to determine if the
boat storage area can be expanded to the north.
cml5.sailboat s~oragc
SPEAKER: Lee Wildes, 1240 Seaspray Ave, Delray Beach
The following is a profile of the Delray Beach Sailors:
All of these people are Delray Beach Boat Storage Permit
holders.
Of the 40 permit holders 34 have been contacted to create
this profile.
The average investment in a sailboat kept on the beach is
$ 2,000.
The average permit holder is 38 years of age.
88% are property owners.
55% have children.
93% are registered voters.
Mr. John Fletemeyer has told us" In ten years as the Turtle
Nest Marker he has never had a nest impacted by our boats.
We have also been praised for our efforts in keeping the
beach area near the boats clean, our safety record and our
assistance in Ocean Rescue.
PROPOSED CHANGES TO SECTION 101.35 STORING BOATS
(D) The distance required for the boat storage will
have to be increased from 300 feet to 450 feet to
accommodate 60 boats.
(E) "The Owner of a boat who desires to
store .......... shall make applica~.Lm~o the city
administration for a boat ~tora~e permi~which application
shall be in a form to ~escribed by the'~ity
administration." ~ We propose that t~ Boat Storage
Permit holders frony/the previous year be~Wllowed priorit~
over new applicant~ for 2 weeks to ao4~,y for said permits.
(F) Permit fee to be increased from $ 121.50 to
$ 188.68~ plus tax.
(H) This paragraph should be amended to read: "I~t
(The Boat Storage Permit) shall be affixed to the mast of
the boat".
(NEW PARAGRAPH) All boats shall be secured by a
tie-down attached to the forward part of the boat and a
concrete block buried at least 3 feet in the sand below said
boat.
We propose no change to the present administration timetable
except as noted below:
BOAT STORAGE PERMIT PERIOD October 1 thru September 30
NOTIFICATION TO PRESENT PERMIT HOLDERS Prior to Sept. 1
PERMITS AVAILABLE FOR SALE October 1 8 A.M.
PERMITS AVAILABLE AT Delray Community Center
DELRAY RESIDENTS ONLY October 1-16
PREVIOUS YEAR PERMIT HOLDERS October 1-14
NOTE:
If there are more NEW applicants than
the remaining permits available~ than
the remaining permits would be awarded
b~ lottery. October 16
PERMITS GO ON SALE TO THE GENERAL PUBLIC October 17
SECTION 101.35 (I) October 31
"All boats not marked with a current valid boat storage
permit will be removed from the beach per 101.35 (I)'.
M,E MORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~f~!
SUBJECT: AGENDA ITEM ~ /~' ~ - MEETING OF JANUARY 17. 1995
FIRST READING FOR ORDINANCE NO. 7-95/BOAT STORAGE PERMIT
DATE: JANUARY 12, 1995
This is first reading for Ordinance No. 7-95 which amends Section
101.35(F) of the City Code by increasing the permit fee for boat
storage on the municipal beach. The proposed fee is $300.00, plus
tax.
The increase is presented in response to direction received from
the Commission at the January 10th workshop. The Director of Parks
and Recreation also recommends the increased fee.
Recommend approval of Ordinance No. 7-95 on first reading. If
passed, a public hearing will be held on February 7, 1995.
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