Agenda Reg 05-20-03City of Delray Beach
Regular Commission Meeting
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 ~ 1st Avenue
Deltay Beach, Florida 3
Phone: (561) 243-7000
Fax: (561) 243-3774
RULE8 FOR PUBLIC PARTICIPATION
1. PUBLIC COMMBN?: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
:2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you arc not able to do so prior to the
start of the meeting, you may stiI1 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 akeady done so.
3. ADDRE881NG THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. Ail 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 enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (IT)D), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetines in the Commission Chambers.
2.
3.
4.
ROLL CALl.
INVOCATION.
PLEDGE OF-AI.I-EGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
May 6, 2003 - Regular Meeting
May 13, 2003 - Special Meeting
PROCLAMATIONS:
· Code Enforcement Officers' Appreciation Week -June 2-7, 2003
PRESENTATIONS:
City of Delray Beach Residents' Academy Certificates -Janet Meeks
"I Love My Mom" Contest Winners - Delray Beach Parks and Recreation Department
Hamlet Coun~,y Club support of Delray Police and Fire-Rescue Departments - Petty
DonFrancisco
CONSENT AGENDA: City Manager Recommends Approval.
FINAL SUBDMSION PLAT APPROVAL/DR!.RAy OUTPATIENT
~ Approve the boundary plat for Delray Outpatient Properties,
located on the north side of Linton Boulevard, approximately 640 feet east of Military
Trail.
RESOLUTION NO. 36-03: Approve Resolution No. 36-03 assessing costs for action
necessary to abate nuisances on seventeen (17) properties throughout the City.
ACCEPTANCE OF EA~qF, MENT AGR~*.MENT/I,A~Q*, IDA CHURCH OF
~ Approve and accept an easement agreement associated with the extension
of a water mare for Lake Ida Church of Christ, located at the southwest comer of Lake
Ida Road and Roosevelt Avenue.
DELRAY BEACH HOUSING RENALq~ANCE PROGRAM/FIRST TIMF.
HOMEBUYERS/SwiNTON GARDENS: Authorize and approve the execution
of warranty deeds with eleven (11) first time homebuyers for the construction of
affordable single-family homes in the Swinton Gardens Development; and the payment
of developer's fees in the amount of $28,000.00 for the eight (8) low-income applicants
from the State Housing Initiatives Partnership (SHIP) Program. Funding is available
from 118-1924-554-83.01 (State Housing Initiatives Partnership (SHIP) Program).
05-20-2003
HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve
Housing Rehabilitation grant\contract awards through Community Development
Division in the amount of $14,910.00 to Preston Construction (129 S.W. 11th Avenue)
and $19,136.25 to Craftsman Plus, Inc. (1327 Preston Street). Funding is available from
118-1963-554-49.19 (Community Development Block Grant) and 118-1924-554-49.19
(SHIP Housing Rehabilitation Grant).
HOUSING Ri~-HABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant\contract award through Community Development
Division in the amount of $25,000.00 to Henry Haywood (413 S.W. 2"a Street).
Funding is available from 118-1963-554-49.19 (Community Development Block Grant).
SERVICE AUTHORIZATION NO. 10/CH2MI-II!.I., Approve Service
Authorization No. 10 m CH2MHIll in the total amount of $100,400.00 for the design of
hardscaping/landscaping and water main improvements along SW/NW 5~h Avenue
from S.W. 1~t Street m N.W. 2"d Street. The CRA will contribute $89,000.00 and the
City will pay the remaining balance of $11,400.00. Funding is available from 442-5178-
536-63.50 (Water Line Upgrades) for $11,4-00.00.
GRANT APPLICATION TO CHII.F}REN'S SERVICES ¢OUNctt.,
Authorize staff to submit a grant application to the Children's Services Council (CSC)
for funding in the approximate amount of $275,215.00 for the City's out of school
program, day camps and summer camp programs.
PALM BEACH COUNTY SENIOR AIDES TRAINING AND
EMPLOYMENT PROGRAM: Approve a contract between the City of Delray
Beach and Palm Beach County 'allowing the City to participate as a host agency for the
County's Senior AIDES Training and Employment Program at no cost to the City.
AMENDMENT NO. I/NAMING RIGHTS CONSULTINC
AGREEMENT/COCA-COLA AGRW..W..MENT; Approve Amendment No. 1 to
the naming rights consulting agreement between the City of Delray Beach and
Superlative Group, Inc. providing for a ninety (90) day extension and approve
Amendment No. 1 with Coca-Cola Enterprises, Inc. for the same.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS;
Accept the actions and decisions made by the Land Development Boards for the period
May 5, 2003 through May 16, 2003.
AWARD OF BIDS AND CONTRACTS:
Purchase award to Pierce Manufacturing/Ten-8 Fire Equipment, Inc. in the
amount of $551,311.00 for a 105-foot replacement aerial apparatus. Funding is
available from 501-3312-591-64.20 (Garage/Automotive).
05-20-2003
2. Purchase award to Insight Public Sector in the amount of $23,534.00 via the
Florida State Contract #250-000-03-1 for a one (1) year warranty extension for
eighty-two (82) Police Department laptops. Funding is available from 001-
2113-521-46.20 (Equipment Maintenance).
3. Con~act award to TLC Diversified, Inc. in the amount of $263,859.00 for the
Rehabilitation of Lift Stations 19, 57, and 80. Funding is available from 442-
5178-536-61.83 (Lift Station Conversion to Submersible).
4. Purchase award to Atlantic Environmental in the amount of $22,995.00 for the
purchase of electrical control panels associated with the rehabilitation of Lift
Stations 19, 57, and 80. Funding is available from 442-5178-536-61.83 (Lift
Station Conversion to Submersible).
5. Purchase award to Southeastern Pumps in the amount of $21,312.00 for the
purchase of submersible wastewater pumps and equipment associated with the
rehabilitation of Lift Stations 19, 57, and 80. Funding is available from 442-
5178-536-61.83 (Lift Station Conversion to Submersible).
6. Purchase award to Data Flow Systems in the amount of $38,285.00 for the
purchase of telemetry components associated with the Rehabilitation of Lift
Stations 19, 57, and 80. Funding is available 442-5178-536-61.83 (Lift Station
Conversion to Submersible).
7. Purchase award to GameTime in the amount of $60,859.11 via Florida State
Contract #650-001-01-1 for playground equipment for Barwick Park. Funding
is available from 334-6112-572-64.33 (General Construction Fund/Replace
Playground Equipment) and 115-4101-572-63.63 (Special Projects
Fund/Veterans Park Playground).
8. Purchase award to multiple vendors in the amount of $92,000.00 for
medical/drag supplies for the Delray Beach Fire-Rescue Department. Funding
is available from 001-2315-526-52.20 (General Operating Supplies).
REGULAR AGENDA:
Bo
INTER.LOCAL AGRRRMENT/COMMUNITY REDEVELOPMEN-'
A E_..~7~._~_{~ Consider approval of a proposed interlocal agreement between the City of
Delray Beach and the Community Redevelopment Agency (CRA) providing for the
repayment of advanced funding in the amount of $12,750.00 in support of the interim
management assistance to the Village Foundation.
RESOLUTION NO. 32-03: Consider approval of the abandonment of a portion of
Wallace Drive right-of-way (formerly Germantown Road), located on the west side of
S.W. l0th Avenue, between S.W. l0th Street and Wallace Drive.
OCEAN RESCUE CONTRACT AND MEMORANDUM Ql'
UNDERSTANDING. LOCAL 1842. IAFF: Approve the Ocean Rescue Contract
and Memorandum of Understanding requested by the Local 1842, IAFF effective
October 1, 2001 through September 30, 2003.
05-20-2003
10.
REOUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HI~.I.PlNC:
Consider approval of a request from Community Neighborhood Helping for financial
support in thc amount of $2,500 for their Glory Awards Event to be held on June 6,
2003.
RESOLUTION NO. 28-03 (MID-YEAR BUDGET A-D_IUSTMENT): Consider
approval of a resolution making mid-year adjustments to the adopted budget for FY
2003.
APPOINTMENTS TO THE OLD SCHOOL SOUARE MASTER PLAN TASK
TEAM: Appoint seven (7) members to the Old School Square Master Plan Task
Team. According to Resolution No. 33-03, each member of the City Commission will
appoint members to the Old School Square Master Plan Task Team. Based on the
rotation system, the appointments will be made by Commissioner Costin (Seat RI),
Commissioner Archer (Seat #2), Comrmssioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4), and Mayor Perlman (Seat #5).
PUBLIC HEARINGS:
ORDINANCE NO. 6-03: An ordinance amending the Land Development
Regulations Section 4.4.13 (G)(1)(e), "Supplemental District Regulation" within the
Central Business District and Section 4 6 9, Off-Street Parking Regulauons to provide
regulations for the location and accessibility of guest parking spaces.
ORDINANCE NO. 15-03 (FIRST READING/FIRST PUBLIC HEARING);
An ordinance amending Ordinance No. 7-03 amending Chapter 4, "Zoning
Regulations", of the Land Development Regulations by amending Section 4.4.9 (G)(2),
"North Federal Highway Overlay District" to add self service storage facilities as a
conditional use and provide specific regulations, LDR Section 4.4.9 (G)(2)(c), for these
facilities. If passed, a quasi-judicial second public heating will be scheduled for June 3,
2003.
ORDINANCE NO. 10-03: An ordinance amending the Land Development
Regulations Section 4.5.1 (IVl), "Tax Exemption for Historic Properties" to provide
clarification to the tax abatement process/applicability and to be consistent with the
Florida Administrative Code.
ORDINANCE NO. 11-03: An ordinance amending Chapter 91, "Animals" of the
City's Code of Ordinances by amending Section 91.02, "Livestock and Poultry", Section
91.25, "Vicious Dogs; Muzzles", Section 91.26, "Report of Dog Bites Required",
Section 91.28, "Impoundment;Disposition", and Section 91.42, "Impoundment
Authorized;Disposition" to accurately reflect the department/designees responsible for
handling animal complaints and impoundment issues; and provide for an impoundment
fee of $10.00.
05-20-2003
11.
12.
13.
ORDINANCE NO. 12-03; 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 all unescorted private contractors, vendors, repair, and delivery
personnel with access to publicly operated facilities within municipalities designated as
critical to security.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MAY 16, 2003
05-20-2003
MAY 6~ 2003
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor Jeff Perlman in the Comanission Chambers at City Hall at 6:00
p.m., Tuesday, May 6, 2003.
1_. Roll call showed:
Present-
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were -
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
2. The opening prayer was delivered by Reverend William Quick with the
Federation of Christian Ministries.
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
Mr. Levinson moved to approve the Agenda, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
5._I,
APPROVAL OF MINUTES:
Mr. Costin moved to approve the Minutes of the Regular Meeting of April 15,
2003, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Mr. Costin - Yes. Said
motion passed with a 5 to 0 vote.
PROCLAMATIONS:
6oAo
Recognizinu and Commending Officer Johnny Pnn
Mayor Perlman read and presented a proclamation recognizing and commending
Officer Johnny Pun. Officer Johnny Pun, Chief Schroeder, Major McCollom, and Captain
Hartman came forward to accept the proclamation.
Day of Awareness on Animal PoachinR - May 7, 2003
Mayor read and presented a proclamation hereby proclaiming May 7, 2003 as
Day of Awareness on Animal Poaching in the City of Delray Beach, Florida. Greta Britt,
Spencer Britt Jr., Charlie Dalton, Sebastian MacDonald, and Elisa Silva came forward to accept
the proclamation.
6oCo
Civility Month - May 2003
Mayor Perlman read a proclamation proclaiming May 2003 as Civility in Delray
Beach and urge all citizens to exercise civility toward each other. Mayor Perlman noted that this
proclamation will be mailed.
National Safe Boating Week - May 17-23, 2003
Mayor Perlman read and presented a proclamation hereby proclaiming May 17-
23, 2003 as National Safe Boating Week in Delray Beach, Florida. Commander Alick Elliott
came forward to accept the proclamation.
Acting Irish International Theatre Festival Days - May 11-17, 200.~
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of May 11-17, 2003 as Acting Irish International Theatre Festival Days in Delray Beach, Florida.
Christina Wood came forward to accept the proclamation.
6oFo
National Preservation Week- May 5-12, 2003
Mayor Perlman read and presented a proclamation proclaiming May 5-12, 2003
as National Preservation Week. Wendy Shay, Senior Planner came forward to accept the
National Preservation Week proclamation.
Emeruency Medical Services Week - May 18-24, 2003
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of May 18-24, 2003 as Emergency Medical Services Week. Chief Kerry Koen, Fire-Rescue
Department, came forward to accept the proclamation.
National Public Works Week - May 18-24, 2003
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of May 18-24, 2003 as National Public Works Week in Delray Beach, Florida. Rich Olson,
Interim Director of Public Works, came forward to accept the proclamation.
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05/06/03
PRESENTATIONS:
7oAo
Morikami Park Elementary Children - Nancy Stewart
Nancy Stewart stated she had the honor of being selected to participate in the
Principal For A Day Program last year and commented that this has been one of the most
rewarding and inspiring projects she has worked on.
Elizabeth Kennedy, Principal of Morikami Park Elementary School, thanked the
Delray Beach Education Board for promoting the Principal For A Day Program and stated Ms.
Stewart and a group of students have created a beautiful brochure which will be used to market
the school.
Mrs. Redan, teacher at Morikami Park Elementary, provided the Commission
with samples of the brochures and stated some of the children wrote reflections on what the
experience was like for them.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAI,
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 April 17, 2003.
8.B. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT ANII
DISPOSAL BOARD/RECLAIMED WATER SYSTEM EXPANSION: Authorize an
increase to Purchase Order #606547 in the amount of $150,000.00 to South Central Regional
Wastewater Treatment and Disposal Board (SCRWTDB) for the construction of a two (2)
million gallon reclaimed water storage tank at the treatment facility. Funding is available from
441-5181-536-63.95 (Water/Sewer).
8.C. FINAL SUBDIVISION PLAT APPROVAL/DELRAy SEBASTIAN:
Approve the subdivision plat for Delray Sebastian, a proposed 1.296 acre, 32-unit townhouse
development located at the southeast and southwest comers of N.E. 5th Avenue (Federal
Highway southbound) and N.E. 3rd Street.
8.D. WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR
BUILDING/BANK OF AMERICA: Approve a waiver request to allow one (1) 2,100 square
feet temporary modular building at Bank of America, located at 1001 East Atlantic Avenue.
8.E. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/BELUGA WINE
BAR & RESTAURANT: Approve and accept a right-of-way dedication associated with
Beluga Wine Bar & Restaurant, for the dedication of two (2) feet of alley right-of-way.
8.F. ACCEPTANCE OF EASEMENT DEED/THE BROOKFIELD COMPANY
OF BOCA RATON: Approve and accept an easement deed to allow for the encroachment of a
public sidewalk onto the property adjacent to Fisher Lane and N.E. 4th Street.
05/06/03
.8.G. QUIT CLAIM DEED/ACCEPTANCE OF EASEMENT DEED/10I.r,
NASSAU STREET: Appruvc the release of the 5' right-of-way by quit claim from the City and
accept an easement deed from Peter V. Millham for 1015 Nassau Street.
8.H. POLICE AND FIRE COMMUNICATIONS AGREEMENT/TOWN OF
GULF STREAM: Approve the proposed agreement between the City and the Town of Gulf
Stream for dispatching and communications services with a termination date of September 30,
2007, with five (5) one-year renewal periods subject to cancellation by either party.
8.1. IN-LIEU PARKING FEE AMENDMENT/MERIDIAN: Approve an
amendment to the agreement between the City and Mallory II, L.L.C. for the Meridian, located
in the 300 Block of S.E. 6th Avenue (Federal Highway northbound), providing for a reduction
from six (6) in-lieu parking spaces to four (4) in-lieu parking spaces.
8.J. SIDEWALK AGREEMENT/TROPICAL AWNING: Approve a sidewalk in-
lieu of installation agreement in the amount of $1,560.00 between the City and Tropical Awning
for the construction ora 5' wide sidewalk at S.E. 1st Avenue.
,8.K. FOURTH AMENDMENT TO ENCROACHMENT LICENSE
AGREEMENT/LAKE WORTH DRAINAGE DISTRICT: Approve the fourth amendment
to the encroachment license agreement between the City of Delray Beach and the Lake Worth
Drainage District (LWDD) permitting the City's encroachment onto the LWDD E-4 Canal.
8.L. INTERLOCAL AGREEMENT/LAKE WORTH DRAINAGE DISTRICT:
Approve an interlocal agreement between thc City of Dclray Beach and the Lake Worth
Drainage District (LWDD) regarding the clearing of vegetation from rights-of-way and a dispute
resolution process.
8.M. ANIMAL SERVICES FUNDING AGREEMENT/PALM BEACll
,COUNTY: Approve a reimbursement funding agreement in the amount of $20,000.00 between
the City and the Palm Beach County Animal Care and Control Division for the provision of
animal services between the period of October 1, 2002 through September 30, 2003.
8.N. RESOLUTION NO. 27-03: Approve a resolution requesting funds from the
Palm Beach County Emergency Medical Services Grant Award program to be used for the
purchase often (10) Cardiac enzyme testing and monitoring units at a cost of $4,750.00 each.
The caption of Resolution No. 27-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING
FUNDS FROM THE PALM BEACH COUNTY
EMERGENCY MEDICAL SERVICES GRANT AWARD
PROGRAM FOR FY 2003/2004.
(The official copy of Resolution No. 27-03 is on file in the City Clerk's office.)
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05/06/03
8.0. RESOLUTION NO. 29-03: Approve Resolution No. 29-03 opposing Senate
Bill 654 regarding preemption of regulation of cable services.
The caption of Resolution No. 29-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, OPPOSING PROPOSED
SENATE BILL 654 (PCB BR 03-06) WHICH REMOVES LOCAL
GOVERNMENTS' AUTHORITY TO ENFORCE EXISTING
CABLE FRANCHISE AGREEMENTS WITH REGARD TO ALL
BROADBAND OR INFORMATION SERVICES, AND,
ALLOWS TELEPHONE COMPANIES TO IMPLEMENT
UNCONSCIONABLE RATE INCREASES WITH VERY
L1MITED GOVERNMENTAL OVERSIGHT.
(The official copy of Resolution No. 29-03 is on file in the City Clerk's office.)
8.P. RESOLUTION NO. 30-03. Approve Resolution No. 30-03 authorizing the City
Manager to execute State of Florida Department of Transportation permits for road closures.
The caption of Resolution No. 30-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO AUTHORIZE AND
APPLY FOR STATE PERMITS FOR TEMPORARY CLOSINGS
OF STATE ROADS FOR SPECIAL EVENTS; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 30-03 is on file in the City Clerk's office.)
8.1). RESOLUTION NO. 31-03. Approve Resolution No. 31-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at 1001
N.W. 3rd Terrace.
The caption of Resolution No. 31-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAy BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8,
"UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF
DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING
THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS;
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05/06/03
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.
(The official copy of Resolution No. 31-03 is on file in the City Clerk's office.)
8.IL CHANGE ORDER NO. 1/TOTAL GOLF CONSTRUCTION~ INC.:
Approve Change Order No. 1 in the amount of $38,903.50 to Total Golf Construction, Inc. for
the Golf Course Greens Replacement Project. Funding is available from 441-5181-536-63.90
(Water/Sewer/Other Improvements).
8.S. CHANGE ORDER NO. 1/FINAL PAYMENT/CONQUEST
ENGINEERING GROUP COMPANy: Approve Change Order No. 1 in the amount of a
$26,560.01 decrease, and final payment in the amount of $5,569.28 to Conquest Engineering
Group Company for the Seacrest Neighborhood Improvements Phase III Project. Funding is
available from 442-5178-536-65.03 (Water & Sewer R&R/Seacrest-Del Ida Neighborhood
Improvements).
8.T. SERVICE AUTHORIZATION NO. Il.A/ROBERT G. CURRII*;
pARTNERSHIP, INC.: Approve Service Authorization No. ll.A to Robert G. Curric
Partnership, Inc. in the amount of $8,500.00 for researching wetland delineation, surveying, and
developing schematic alternatives for the Intracoastal (F.I.N.D.) Park. Funding is available from
334-4174-572-63.90 (General Construction Fund/Other Improvements).
for the 4th SPECIAL EVENT REQUEST/4TM OF JULY: Approve a special event request
of July Celebration event to be held from noon until 12:00 midnight, including a
temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from the east
side of N.E. and S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street
to the north side of Miramar on Ocean Boulevard; waiver per LDR Section 4.6.7(c)(5)(a) and (9)
to allow banners and flags; waiver of City Ordinances 101.25 and 101.32 to allow assembly on
the beach and vendors on A-l-A; and staff support for security and traffic control, street
barricading, banner hanging, stage set up/use, and clean up/trash removal.
8.V. _SPECIAL EVENT REQUEST/AVDA 5K WALK: Approve a special event
request to allow the 5th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K Walkathon
to be held on Saturday, October 18, 2003 from 7:30 a.m. until approximately 1:00 p.m.,
including temporary use permit per LDR Section 2.3.6(H) for the use of Anchor Park and City
right-of-way along Ocean Boulevard, waiver of parking meter fees, and staff support for traffic
control with the sponsor paying 50% of overtime costs; contingent on the sponsor providing
liability insurance and a hold harmless agreement.
8.W. SPECIAL EVENT REQUEST/6TM ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request for thc 6th Annual Downtown Delray
Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 24 and May 25, 2003,
granting a temporary use permit per LDR Section 2.4.6(H) for use of City right-of-way on
Pineapple Grove Way from thc north side of N.E. 1st Street to thc south side ofN. E. 4th Street;
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05/06/03
and to authorize staff support for security/traffic control, waiver to allow event signage to be
installed one week prior to event with event sponsor paying all overtime costs; contingent upon
receipt of certificate of liability insurance.
8.X. SPECIAL EVENT REQUEST/HOWARD ALAN 9TM ANNUAL DELRAY
BEACH CRAFT FESTIVAL: Approve a special event request for the 9th annual Delray Beach
Craft Festival sponsored by Howard Alan Events, Ltd. to bc held from 10:00 a.m. until 5:00 p.m.
on September 20 and September 21, 2003, granting a temporary usc permit per LDR Section
2.3.6(H) for the closure of N.E. and S.E. 4th Avenue, one block north/south of Atlantic Avenue,
and the Hand's parking lot for vendor parking, and authorize staff support for police security
with thc sponsor paying all overtime costs; contingent upon receipt of certificate of liability
insurance.
8.Y. SPECIAL EVENT RE(~UEST FOR 4TM ANNUAL DELRAY BEAC1
THANKSGIVING ART FAIR: Approve a special event request for the 4t" Annual Delray
Beach Thanksgiving Art Fair to be held on November 29 and November 30, 2003 from 10:00
a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6(H) for the closure of
N.E. 2"d Avenue, from alley just north of Atlantic to N.E. 4th Street, and to authorize staff
support for traffic control and security with sponsor paying all overtime costs; contingent upon
receipt of certificate of liability insurance.
8.Z. SPECIAL EVENT/4th ANNUAL HAITIAN FLAG DAY CELEBRATION:
Approve a special event request for thc 4th Annual Haitian Flag Day Celebration sponsored by
Our Lady of Perpetual Help Catholic Church's Youth Group to be held on Sunday, May 18,
2003 from 4:00 p.m. until 8:00 p.m., including temporary use permit per LDR Section 2.4.6(H)
for the use of Mcrritt Park, set up/removal of City stage, staff support for security, trash removal,
and consideration of waiving 50% of overtime costs; contingent on the sponsor providing
certificate of liability insurance and a hold harmless agreement.
8.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period April 14,
2003 through May 2, 2003.
8.B.B.
AWARD OF BIDS AND CONTRACTS:
Annual custodial maintenance service contract in the amount of
$95,424.00 to O.T. Services of West Palm Beach. Funding is available
from various departmental operating budgets.
Bid award to Tanner Industries at an estimated annual cost of $18,550.00
via the City of Boynton Beach Co-op Bid #041-2821-03/CJD for the
pumhase of anhydrous ammonia. Funding is available from 441-5122-
536-52.21 (Water/Sewer Fund/Chemicals).
Bid award to Atlantic Refrigeration at an estimated annual cost of
$27,040.00 for air conditioning services and repairs for City buildings.
Funding is available from various departmental operating budgets.
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05/06/03
4...:. Bid award to Deerfield Linen Service at an estimated annual cost of
$19,016.00 for linen rental service for the Delray Beach Municipal Golf
Course. Funding is available fi.om 445-4715-572-52.22 (Delray Beach
Municipal Golf Course Fund/Uniforms/Linen Service).
5-. Contract award to Conquest Engineering Group Company in the amount
of $162,252.87 for drainage and roadway improvements along S.E. 7th
Avenue from S.E. 1st Street to East Atlantic Avenue. Funding is available
fi.om 448-5461-538-65.53 and 334-3162-541-65.18 (S.E. 7th Avenue).
6_. Contract award to Chaz Equipment Company, Inc. in the amount of
$381,695.50 for water main improvements on Rye Lane, Enfield Terrace,
Lake Terrace and raw water supply common header pipe at the water
treatment plant. Funding is available fi.om 442-5178-536-65.63 (Rye
Lane, Lake Terrace, Enfield Terrace) and 442-5178-536-65.82 (Raw
Water Supply Manifold Pipe).
7-. Contract award to Intercounty Engineering, Inc. in the amount of
$271,364.00 for the installation of a reclaimed water main on the
Municipal Golf Course property. Funding is available fi.om 441-5181-
536-63.95 (Northwest Reuse Water System - South Central Regional
Wastewater).
8-. Purchase award to Evans Consoles, Inc. in the amount of $35,306.00 for
the purchase of a new operations console and related furnishings for the
Water Treatment Plant Control Room Upgrade Project. Funding is
available fi.om 442-5178-536-64.90 (Other Machinery/Equipment).
9-. Bid award to Man Con, Inc. in the amount of $592,948.10 for the
rehabilitation of Lift Station #6 and a new force main to serve Lit1 Station
#6. Funding is available fi.om 442-5178-536-63.50 (Water Mains) and
442-5178-536-65.75 (Lift Station #6, Force Main Upgrade).
10. Various bid awards in the amount of $128,967.00 via the Florida Sheriffs'
Association and Florida Association of Counties Bid Specification #1 for
the purchase of four (4) take home vehicles and one (1) motorcycle for the
Police Department. Funding is available from 501-3312-591-64.20
(Central Garage Fund/Automotive).
Mr. Costin moved to approve the Consent Agenda, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
REGULAR AGENDA:
9.A. REQUEST TO REDUCE LIENS/RANDOLPH & DEWDNEY; Consider a
request from Dwayne Randolph of Randolph & Dcwdney Construction Company to waive the
interest and administrative fees totaling $4,204.42 assessed for abating nuisances and demolition
of unsafe structures on properties located at 239 and 245 N.W. l0th Avenue. Mr. Randolph is
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05/06/03
prepared to pay the remaining lien of $6,659.56. Staffrecommends approval.
Lula Butler, Director of Community Improvement, stated this is a request fi.om
Dwayne Randolph with Randolph & Dewdney Construction Company to waive the
administrative and interest assessed from the enfomement of nuisance abatements and
demolitions to two parcels that he has now acquired. The amount of the first property is
$7337.01 and the other is a little over $3,500. Ms. Butler stated Mr. Randolph plans to unify
both lots into one conforming and buildable lot for the construction of a single family home.
Staff recommendation is to support the waiver in the amount of $4,204.42 for both parcels.
Mr. Levinson asked if there is a way to give people an incentive not just to buy
the lots waive fees and not develop them but whether we could defer some of the fees within a
period of time that they build on the lot and then waive the balance of fees if they comply. Mr.
Levinson stated we do not want people buying lots on speculation leaving them uncapped.
Furthermore, Mr. Levinson stated he would like to support but at the same time would like to see
there is some methodology where there is some kind of incentive for someone to not just buy the
lot but to build on the lot. Ms. Butler stated this is something staff can look into.
Ms. McCarthy stated if someone adheres to Commissioner Levinson's suggestion
and the City puts a timetable on it and someone is going through the Renaissance Program for
financing and these liens are still of record and asked would it prohibit them fi.om getting
financing? In response, Ms. Butler stated if someone is coming through the Renaissance Program
a different procedure would be offered for those lots because this could prohibit people from
getting financing and therefore this would be clarified in those instances.
Mr. Costin moved to approve the request fi.om Dwayne Randolph with Randolph
& Dewdney Construction Company to waive the interest and administrative fees in the amount
of $4,204.42 for both parcels, seconded by Mr. Levinson. Upon roll call the Commission voted
as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.B. REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT
.AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to waive
the interest and administrative fees in the amount of $3,939.58 assessed for abating nuisances on
property located at 40 N.W. 12th Avenue. The Community Redevelopment Agency is prepared
to pay the remaining lien of $ 3,177.61. Staff recommends approval.
Lula Butler, Director of Community Improvement, stated this is a request fi.om
the CRA to waive the administrative fees and interest assessed on Code Enforcement liens
resulting from the abatement of nuisances to the property located at 40 N.W. 12th Avenue.
There is currently $7,117.19 of liens assessed to this property. Ms. Butler stated by RFP the
CRA will sell this lot to either to the TED Center or the CDC for participation in the Renaissance
Program. Staff recommends approval of the request from the CRA to waive the interest and
administrative fees assessed as part of the code enfomement liens to the above referenced
property totaling $3,939.58 which will cover the City's out-of-pocket costs.
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05/06/03
Mrs. Archer moved to approve the request from the CRA to waive the interest and
administrative fees in the amount of $3,939.58 for liens assessed at 40 N.W. 12th Avenue,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
9.C. ,REQUEST FOR IN-LIEU PARKING SPACES/MARIPOSA: Consider a
request by Mariposa for the purchase of one (1) in-lieu parking space in the amount of $6,000.00
and the construction of two (2) on-street parking spaces in the adjacent fight-of-way of S.E. 1st
Street. Mariposa is located in the Old School Square Historic Arts District (OSSHAD) at 48 S.E.
1 st Avenue.
Paul Dorling, Director of Planning and Zoning, stated the Mariposa property is
located in the Old School Square Historic Arts District at 48 S.E. 1st Avenue and was granted
approval for the conversion to an Adult Living Facility in 1984. A site plan modification has
been submitted and approved to convert the subject property to a mixed-use office and
residential development. The development requires eight (8) parking spaces and the proposed
site plan provides a total of seven (7) parking spaces. Therefore, the applicant is seeking to
purchase one (1) in-lieu parking space in accordance with Section 4.6.9(E)(3)(b)(3) of the LDR's
for a total of $6,000. In addition, Mr. Dorling stated the applicant is building two on-street
parking spaces for which they will seek a reimbursement for a portion of the in-lieu fee.
At its meeting of December 17, 2002, the Parking Management Advisory Board
recommended approval of the applicant's request on a 4 to 2 vote (Gillie and Lewis dissenting).
Staff recommends approval of the request from Mariposa for the purchase of one (1) in-lieu
parking space and the construction of two (2) on-street parking spaces on S.E. 1st Street.
Mr. Levinson stated this is a limousine company and commented that the
limousines are much larger than one parking space. Mr. Dorling stated that the applicant is
providing a total of seven (7) parking spaces. Mr. Levinson asked how this can be addressed if
the applicant needs seven (7) parking spaces to meet the requirements but is taking larger
vehicles and placing them on the site. The City Attorney explained that the City's parking
requirements do not address the length of the automobile but rather the number of parking spaces
per the use. Mr. Dorling stated it is his understanding that this is a real estate company and the
limousine is something that is utilized for their clients.
Prior to the vote, Mrs. Archer expressed concern over the applicant using two in-
lieu spaces for on-street parking for a limousine and commented that there will be no additional
usage for the public for those parking spaces. The City Manager suggested that this be discussed
further with the City Attorney and perhaps something could be used to help enforce the applicant
to park on-site. Mrs. Archer and Mr. Levinson stated they would like to discuss this further with
the City Attorney to possibly consider the City Manager's suggestion.
Mr. Costin moved to approve the request from Mariposa for the purchase of one
(1) in-lieu parking space and the construction of two (2) on-street parking spaces on S.E. 1st
Street, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin
- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes.
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05/06/03
Said motion passed with a 5 to 0 vote.
9.D. REQUEST FOR IN-LIEU PARKING SPACES/BANK OF AMERICA:
Consider a request by Bank of America for the purchase of one (1) in-lieu parking space in the
amount of $14,000.00. Bank of America is located 1001 East Atlantic Avenue.
Paul Dorling, Director of Planning and Zoning, stated this is a development
request for some improvements located at 1001 East Atlantic Avenue which involves the
demolition of the existing drive-thru teller, a northern portion of the existing building fronting on
Atlantic Avenue, and the addition of a 540 square foot lobby, stairwell and elevator resulting in a
214 square foot net reduction in the building. Mr. Dorling stated there is currently some parking
on-site of sixty (60). The proposed reconfiguration of the parking are on the north side of the
building provides a total of 59 parking spaces. Therefore, the applicant is requesting the
purchase of one (1) in-lieu parking space at a cost of $14,000.
At its meeting of April 22, 2003, the Parking Management Advisory Board
unanimously recommended approval of the applicant's request. Staff recommends approval of
the request from Bank of America for the purchase of one (1) in-lieu parking space subject to the
payment provision outlined in the City Commission documentation memo.
Mrs. Archer moved to approve the request from Bank of America for the purchase
of one (1) in-lieu parking space subject to the payment provision as outlined in the City
Commission documentation memo, seconded by Mr. Levinson. Upon roll call the Commission
voted as follows: Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
9.E. NATIONAL FORUM FOR BLACK PUBLIC ADMINISTRATORS
CONFERENCE NIGHT OUT/DELRAy BEACH: Consider a request to advance funding for
50% (total amount of $30,459.74) of the cost of the National Forum for Black Public
Administrators (NFPBA) event held at Old School Square on April 28, 2003; and approve a
reimbursement funding agreement for funds up to $15,000.00 with Palm Beach County for same
event.
Robert A. Barcinski, Assistant City Manager, stated this is a request to advance
funding for up to 50% of a host city share for the cost of the National Forum for Black Public
Administrators (NFBPA) night out in Delray Beach held on April 28, 2003. Mr. Barcinski stated
that there is a formal letter fi.om Addie Greene committing to $15,000 of the share from the
District VII Recreation Assistance Fund 2003-2004. The reimbursement of funds will be
through a funding agreement between the City of Delray Beach and Palm Beach County and will
be placed on the agenda for County Commission approval. Mr. Barcinski stated in addition to
the $15,000 the City of Delray Beach has received commitments for $11,320.
After brief discussion, Mrs. Archer stated she would like to see a report of what
monies is outstanding from prior commitments made by County Commissioner Addie Greene to
the City and when the City anticipates receiving them.
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05/06/03
Mr. Levinson stated he cannot support this request because there are a number of
people who have come before the Commission at the last minute in anticipation of an event and
because it was not budgeted the Commission did not approve the funding. Mr. Levinson stated
in this case, this is after the fact and in all fairness to those people who have come to the
Commission just prior to their events and were denied, he feels it would be inappropriate of the
Commission to approve this after the fact.
Mrs. Archer stated she understands concerns expressed by Mr. Levinson.
However, she feels it would be inappropriate at this time to deny the request.
Ms. McCarthy stated with this particular forum a sponsor pulled out of
sponsorship eight days prior to the event which changed the dynamics of the event. Ms.
McCarthy stated they have been raising funds since this idea was originally perceived and
thought everything was taken care of. Ms. McCarthy when this all came about she aggressively
started getting sponsorships from corporations, individual businesses, and small businesses. Ms.
McCarthy stated within a small window of time over $11,000 was raised. Ms. McCarthy stated
that City staff helped organize this event and it was received tremendously by a group of people
that normally would not have ever come to Delray Beach. Ms. McCarthy stated in going through
the Planning Session last year and in the planning and the goals, one of the goals is encouraging
and embracing diversity in the community. Ms. McCarthy stated this group of people was public
administrators representing over 44 states and she feels this was a very viable thing to do and
within the City's goal.
Mayor Perlman stated that this was a phenomenal event which brought people to
Delray Beach from all over the country. Mayor Perlman stated he was aware of the scope of the
event. Mayor Perlman stated that as the Commission moves forward that there be improvement
in terms of communication because he feels this will be a great benefit.
With regard to a comment made that staff worked on this, Mr. Levinson requested
a list of those staff members, how many hours were involved, and any costs for mailings and/or
printed materials that was prepared so that the Commission can get a full scope of this.
Brief discussion between staff and the Commission followed.
Mrs. Archer moved to approve $30,459.74 set-off by the monies raised and the
$15,000 commitment by County Commissioner Addie Greene, seconded by Mr. Costin. Upon
roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote.
9.F. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
two (2) alternate members to the Code Enforcement Board for unexpired terms ending January
14, 2004 and January 14, 2005. Based upon the rotation system, the appointments will be made
by Mayor Perlman (Seat #5) and Commissioner Costin (Seat #1).
Mayor Perlman stated he wished to appoint Glenn Schuster (Fire Chemical
Specialist) as an alternate member to the Code Enforcement Board for an unexpired term ending
January 14, 2004. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the
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05/06/03
Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
Mr. Costin moved to appoint Leonard Epstein (Business Owner) as an alternate
member to the Code Enforcement Board for an unexpired term ending January 14, 2005,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
9.G. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY
(CRA) VICE CHAIRMAN: Appoint a Vice Chairman to the Community Redevelopment
Agency Board.
Due to a conflict of interest, Mayor Perlman stepped down and passed the gavel
to Vice Mayor Levinson.
Mr. Costin moved to appoint Howard Ellingsworth as Vice Chairman to the
Community Redevelopment Agency, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mayor Perlman returned and Vice Mayor Levinson returned the
gavel to Mayor Perlman.
9.H. RATIFICATION OF APPOINTMENT TO THE PARKIN¢'
MANAGEMENT ADVISORY BOARI~: Ratify the appointment of Howard Lewis as the
Community Redevelopment Agency representative on the Parking Management Advisory Board
for a term ending July 1, 2003.
Mrs. Archer moved to approve the ratification of Howard Lewis as the
Community Redevelopment Agency representative on the Parking Management Advisory Board
for a term ending July 1, 2003, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.I. APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION
COMMITTEE: Appoint five (5) members establishing the Public Arts Implementation
Committee for the purpose of creating a not-for-profit corporation and outlining procedures
necessary to implement the City Public Arts Ordinance. The five (5) members shall include three
(3) laypersons, an accountant, and a legal professional Based upon the rotation system, the
appointments will be made by Commissioner Costin (Seat #1); Commissioner Archer (Seat #2);
Commissioner Levinson (Seat #3); Commissioner McCarthy (Seat #4); and Mayor Perlman
(Seat #5). The Mayor shall appoint a chairperson from the membership. The Public Arts
Implementation Coramittee shall sunset upon the discharge of its assigned task or by October 1,
2003, whichever is earlier, unless otherwise extended by the City Commission.
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05/06/03
Mr. Costin moved to appoint Cary Glickstein as a member to the Public Arts
Implementation Committee, seconded by Ms. McCarthy. Upon roll the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Archer moved to appoint Carolyn Pendelton-Parker as a member to the
Public Arts Implementation Committee, seconded by Mr. Costin. Upon roll call the Commission
voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin
- Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to appoint Blane De St. Croix as a member to the Public
Arts Implementation Committee, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint James Anella as a member to the Public Arts
Implementation Committee, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Mayor Perlman stated he wished to appoint Sally Still Gonsalyes as a member to
the Public Arts Implementation Committee. Mrs. Archer so moved, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0
vote.
Mayor Perlman stated he wished to appoint Richard McGloin as Chairman of the
Public Arts Implementation Committee. Ms. McCarthy so moved, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0
vote.
9.J.~. APPOINTMENT TO THE PALM BEACH COUNTY PUBLIC ARTE
SELECTION COMMII'TEE: Appoint one (1) person to the Palm Beach County Public Arts
Selection Committee as the City of Delray Beach representative for the South County
Courthouse Art and Amenities Project.
Mr. Costin moved to appoint Glenn Weiss to the Palm Beach County Public Arts
Selection Committee as the City of Delray Beach representative for the South County
Courthouse Art and Amenities Project, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.1C GUARDRAIL/LINTON BOULEVARD: Consider a request regarding the
guardrail on the north side of Linton Boulevard.
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05/06/03
The City Manager explained that the residents of the Pines of Delray East and
West requested the County install a wall as part of the Linton widening project which the County
will not do. Staff's opinion is that having a guardrail immediately behind a curb in front of a
sidewalk is unsightly. Grass and weeds will grow up around the guardrail posts, and can only be
removed by applying herbicide. The guardrail system also tends to trap and collect trash which
will have to be collected by hand. While the County will maintain the guardrail itself, they will
not take care of the weed and trash problems. The City Manager stated his recommendation is to
ask the County to either move the guardrail behind the sidewalk or remove it entirely. The City
Manager stated another possibility might be to accept the fact that a good part of it is installed
but to ask them not to install any more of it unless it is put behind the sidewalk.
Randal Krejcarek, City Engineer, stated the main concern of the residents of the
Pines is preventing any vehicles from ending up in their backyards. The Pines East buildings are
the closest to the right-of-way line. Mr. Krejcarek stated he has had discussions with the
Property Manager and his understanding is the residents do not care where the guardrail is as
long as it protects the homes that are along the Linton Boulevard corridor for the length of their
property. Mr. Krejcarek stated he explained to the Property Manager that if the City chooses to
go with the option of going behind the sidewalk in essence what we would be trying to do is
construct the guardrail within the hedge. In essence, Mr. Krejcarek stated what will happen is
the hedge is going to grow up over the guardrail so that the guardrail is inside the hedge. Mr.
Krejcarek stated although the guardrail will not be visible it will be there for protection.
Mr. Levinson expressed concern that the preference of The Pines is to leave the
guardrail where it is. Mr. Levinson stated residents have a concern for the safety of the students
who are walking to school. Mr. Levinson expressed concern over what the cost would be to take
the guardrail out and put it in the back. Mr. Levinson stated he feels the very least that staff can
do is to inform the County not to put in any more guardrail.
The City Manager stated that Palm Beach County Commissioner Mary McCarty
has made it very clear that this has been paid for out of her district transportation money and she
will follow the wishes of the City of Delray Beach. The City Manager stated he feels certain that
if the Commission authorizes a letter informing the County that it is e city s desire that they not
install any additional guardrail that they will follow the wishes of the city.
Mrs. Archer stated she would rather not go through the expense of having the
guardrail moved and redone in that location. However, Mrs. Archer stated she would not be in
favor of having any more guardrail put in.
Mr. Levinson moved to request that no additional guardrail be placed beyond
what has already been installed on the north side of Linton Boulevard only, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5
to 0 vote.
Mayor Perlman announced that there are no Public Hearings this evening.
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05/06/03
10.._~. PUBLIC HEARINGS:
10.B.
NONE (Ordinance No. 11-03 has been revised and is a first reading item).
For the benefit of the public, the City Attorney announced that Ordinance No. 11-
03 has been revised and is scheduled this evening as a First Reading.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the Public.
11.~. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM TIlE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ll.B.
From the Public.
ll.B.1. Jay Slavin, 2601 N.W. 10th Street~ Delra¥ Beach 01ainberry Bay), stated there
has been some concern in the Florida Legislature about the legibility on physicians prescriptions.
Ms. Slavin stated in Palm Beach County it is a terrible burden on the pharmacy to call the
doctors to find out for sure what he means and what the dosage is. Ms. Slavin stated the
President of the Classroom Teacher's Association was convinced by Ms. Slavin to take this to
the Florida Legislature with the help of Anne Gannon to get the bill passed. Ms. Slavin stated
what this will mean to everyone is that prescriptions by doctors and/or dentists will have to be
completely legible so that no mistakes are made and she announced that a press conference will
be held tomorrow regarding this issue.
ll.B.2. Micheile K. Smith~ 2805 S.W. 22na Avenue~ Delra¥ Beach. stated she is an
African-American entrepreneur originally from Missouri currently living in i~elray Beach for
approximately six years. Ms. Smith stated she is the business partner of Commissioner Alberta
McCarthy. Ms. Smith commented about the diversity in the City and stated she was so very
much impressed with Delray Beach that she left a 75 year family business to open up a firm in
South Florida. Ms. Smith stated we are loosing a lot of businesses (i.e. Home Depot moving to
Boca Raton) and suggested that the City look at the International Market. Ms. Smith stated the
United States Census talks about the diversity that has transpired in South Florida and she feels
that the small businesses is what really keeps us going. Ms. Smith urged the Commission to
continue with the efforts that Ms. McCarthy has done for the National Association of Realtors,
the National Association of Black Real Estate Appraisers and Brokers with the Pentagon, and
Housing and Urban Development (HUD). Furthermore, Ms. Smith urged the Commission to see
how we can get the African-American market into our community and provide them assistance
to help with the economic base.
.ll.B.3. Alice Finst~ 707 Place Tavant~ Delray Beach, thanked the City Manager for his
follow up letter regarding the lighting on Lake Ida Road. Mrs. Finst also expressed concern over
.the condition of Lake Ida Road and the absence of landscaping. Mrs. Finst stated Lake Ida Road
~s a scary road to drive on in the evening and the end of the islands/medians are not marked with
reflectors. Therefore, Mrs. Finst stated drivers have to flash their high beams and low beams
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05/06/03
distracting traffic in the opposite direction. Mrs. Finst suggested that there be some temporary
attention to the landscaping until the lighting is installed.
ll.B.4. Bettina Pra~ 320 S. Ocean Boulevard, Unit #V-Fl Delra¥ Beach (Lanik~i
Villas Condominium_.)a stated the residents of Lanikai Villas are opposed to the lifeguard station
in their view. Ms. Pratt stated that the residents were not consulted nor were the lifeguards
whose advice and expertise she feels would have been an essential part of the plans. Ms. Pratt
stated the new lifeguard station is too far fi.om the water, too expensive and useless for lifeguard
use. Ms. Pratt expressed concern over safety and stated the trees and shrubs along the beach
should be trimmed to help discourage noisy nighttime activity. Ms. Pratt distributed photos of
the unprotected chairs which the lifeguards use now and a photo taken in Pompano Beach of the
mobile lifeguard stations which are currently used there.
At this point, the Commission moved to Item ll.A. City Manager's response to
prior public comments and inquiries.
ll.A.
City Manager's resoonse to prior public comments and inquiries~
With regard to the lifeguard towers, the City Manager stated that Mr. Weldon met
with Ms. Pratt and some other residents of Lanikai Villas on March 27, 2003. Also, in
attendance were David Miller (Architect), Rich Connell (Assistant Director of Parks &
Recreation), and Bob Taylor, (Ocean Rescue Supervisor). Mr. Miller outlined the permitting
process with the State of Florida and the effect the coastal construction line had on placing the
tower. In reviewing the location of the tower, the city took great care in positioning the tower to
meet our safety service needs and to have as little impact as possible on the residents of Lanikai
Village. The City Manager stated the residents were in disagreement with where the city placed
the lifeguard tower feeling that it interrupted their view and adversely affected the property value
of their residences and that the city should have requested their input. The residents asked if the
construction of the tower couldbe stopped ormoved. The City Manager stated that Mr. Weldon
explained that to delay the tower construction would cost an additional $8,000-$10,000 and he
was not willing to move the tower because of the cost. According to Mr. Dorling the sea grape
pruning guidelines currently utilized by the Department of Environmental Protection (DEP) state
that trimming and maintaining sea grapes to less than six feet in height east of the coastal
construction line requires a permit from DEP. Furthermore, trimming of sea grapes to any height
that results in additional lights being visible the beach will not be permitted. Guidelines also
restrict the trimming to techniques in accordance with the accepted horticultural practices and no
more than one-third the height of the tree and no more than one-third total leaf surface in any
single year. The City Manager stated in many cases this would prohibit the "topping" and/or
substantial canopy reduction necessary to maintain sea grapes as hedges as they were originally
planned and envisioned. In the past, DEP has allowed regional field offices to issue permits
which meet the above criteria. Recently, there has been a policy shift which now requires
permitting requests to be forwarded and processed by DEP in Tallahassee. This shift has also
been accompanied by substantially more detailed permitting requirements. Staff has been
working with DEP to modify their guidelines and to return the permitting activity to the regional
level. While some progress has been made, the issue is far from resolved. In the interim, the
city's sea grape trimming component of the Dune Re-vegetation Project is on hold.
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05/06/03
With regard to a concern expressed by Ms. Wood about lighting conditions on the
beach, the City Manager stated the City has surveyed the lighting and most properties are in
compliance. The Delray Beach Club has been notified with respect to the large spotlights and
they were not aware that turtle season had begun and the lighting restrictions were in place.
With respect to the escarpments along the beach, the City's beach cleaner knocks them down in
areas of daily cleaning and on a case by case basis for other areas. He has been contacted and
the escarpments for the length of the project have been knocked down. The City Manager stated
Ms. Wood also suggested that the City have more park dedication and explained that there are
instances were developers, i.e., Palm Grove have donated land for neighborhood parks. In
general, developers are required to pay a park recreation impact fee for residential traits and the
money is utilized to provide recreational opportunities for the citizens of Delray including
property acquisition.
With regard to comments expressed by Ms. Wood at the April 15, 2003 meeting
about the setbacks along A-l-A, the City Manager stated the most restrictive fi'ont setback
currently allowed in residential zone districts is a minimum of 25 feet. The code does not
provide for any specific additional requirements for properties along A-1-A.
With regard to comments expressed by Ms. Wood about large homes along
A-I-A, the city is investing whether or not there is neighborhood support for additional
regulations further restricting the size of homes. As to view being destroyed, the City Manager
stated land on the east side of A-I-A with the exception of the public beach is not in public
ownership and therefore has no obligation to provide view corridors for the general public.
These views are provided public property abuts the ocean.
With regard to comments expressed by Rita Ellis about the need for online
permitting and that it should be moved up on the priority list for interactive permitting over the
intemet. The City Manager stated this is part of the City's long range plan for technology
development. The City has developed the framework for on-line permits as well as other
interactive soft:ware packages. The City has modified the internal infrastructure backbone and
developed our consolidated city website before these software packages could be installed. The
City Manager stated the city currently has a $25,000 contract with the Government Technology
Resources to develop online interactive Community Improvement, Code Enforcement and
Planning & Zoning Department software to include on-line permits and licenses. The software
packages are now installed and being tested in Kissimmee, Cocoa Beach, Leeshnrg and Daytona
Beach. Although this project has been delayed beyond our initial expectations based on the
verbal commitments of the contractor, we should see some preliminary work product soon.
At this point, the Commission moved to Item 12, First Readings.
12.._a.
FIRST READINGS:
12.A. ORDINANCE NO. 6-03: An ordinance amending the Land Development
Regulations Section 4.4.13 (G)(1)(e), "Supplemental District Regulation" within the Central
Business District and Section 4.6.9, "Off-Street Parking Regulations" to provide regulations for
the location and accessibility of guest parking spaces. If passed, a public heating will be
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05/06/03
scheduled for May 20, 2003.
The caption of Ordinance No. 6-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT
REGULATIONS"; SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION (C), "NUMBER OF PARKING
SPACES REQUIRED", SUB-SUBSECTION (2), "REQUIREMENTS
FOR RESIDENTIAL USES", TO PROVIDE REGULATIONS FOR THE
LOCATION AND ACCESSIBILITY OF GUEST PARKING SPACES;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 6-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the recent increase of in-fill
housing in the Downtown area most developers are providing parking in private garages below
residential units. In cumulatively calculating their parking requirements guest parking spaces are
in some cases included as spaces within individual private garages. Mr. Dorling explained that
this amendment states that the required guest spaces need to be accessible to all as guest spaces.
Mr. Dorling stated the Parking Management Advisory Board (PMAB), the
Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), and
the Planning and Zoning Board (P&Z Board) all recommended approval.
Mr. Levinson moved to approve Ordinance No. 6-03 on FIRST Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
.1.2.B. ORDINANCE NO. 10-03: An ordinance amending the Land Development
Regulations Section 4.5.1 (M), "Tax Exemption for Historic Properties" to provide clarification
to the tax abatement process/applicability and to be consistent with the Florida Administrative
Code. If passed, a public heating will be scheduled for May 20, 2003.
The caption of Ordinance No. 10-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING CHAPTER 4, "ZONING
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05/06/03
REGULATIONS", SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS", SUBSECTION
(M) "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO
PROVIDE CLARIFICATION TO THE TAX ABATEMENT
PROCESS AND APPLICABILITY, AND TO BE
CONSISTENT WITH THE FLORIDA ADMINISTRATiVE
CODE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTWE DATE.
(Tl~e official copy of Ordinance No. 10-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Doffing, Director of Planning and Zoning, stated the proposed text
amendment will provide clarification to the tax abatement process with the Land Development
Regulations and update them to be consistent with recent amendments to the Florida
Administrative Code (FAC) Chapter 1A-38, "Tax Exemption for Historic Properties", effective
in September, 2000. The amendment also modifies the responsible entity providing the written
order of Board action from the Board to staff. The amendment adds a time limit for submission
of 18 months after construction for Part I of the initial tax exemption request. The amendment
further clarifies what improvements are eligible for tax exemption credit.
The Historic Preservation Board and the Planning and Zoning Board
recommended approval of the proposed LDR text amendment to Section 4.5.1(M), Tax
Exemptions for Historic Properties.
Mrs. Archer moved to approve Ordinance No. 10-03 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 11-03: An ordinance amending Chapter 91, "Animals" of the
City's Code of Ordinances by amending Section 91.02, "Livestock and Poultry", Section 91.25,
"Vicious Dogs; Muzzles", Section 91.26, "Report of Dog Bites Required", Section 91.28,
"Impoundment;Disposition", and Section 91.42, "Impoundment Authorized;Disposition" to
accurately reflect the department/designees responsible for handling animal complaints and
impoundment issues; and provide for an impoundment fee of $10.00. If passed, a public hearing
will be scheduled for May 20, 2003.
The caption of Ordinance No. 11-03 is as follows:
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 91.02,
"LIVESTOCK AND POULTRY; IMPOUNDMENT",
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05/06/03
PROVIDiNG AN EXCEPTION FOR AGRICULTURE
ZONiNG DISTRICTS; AMENDiNG SECTION 91.25,
"VICIOUS DOGS; MUZZLES", AMENDING SECTION
91.26, "REPORT OF DOG BITES REQUIRED", AMENDING
SECTION 91.28, "IMPOUNDMENT; DISPOSITION";
AMENDING SECTION 91.42, "IMPOUNDMENT
AUTHORIZED; DISPOSITION", PROVIDING FOR
REFERENCES TO THE ANIMAL CONTROL OFFICER
INSTEAD OF CITY; PROVIDING FOR REFERENCES TO
CATS AND DOGS INSTEAD OF ANIMALS AND
INCREASING THE DISPOSAL FEE FROM $5 TO $10;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 11-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Terrill Pybum, Assistant City Attorney, stated changes regarding agricultural
areas have been added to this ordinance and noted that this change was made in order to make
the ordinance more consistent with LDR Section 4.4.1.
Mr. Costin moved to approve Ordinance No. 11-03 on FIRST Reading, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion
passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 12-03: 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 cheeks for all
unescorted 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 scheduled for May 20, 2003.
The caption of Ordinance No. 12-03 is 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 ALL UNESCORTED
PRIVATE CONTRACTORS, VENDORS, AND REPAIR AND
DELIVERY PERSONNEL WHO HAVE ACCESS TO ANY
PUBLICLY OPERATED FACILITIES, WHICH ARE
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05/06/03
DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Ten-ill Pyburn, Assistant City Attomey, stated the only change to this ordinance is
to provide for unescorted contractors, vendors, repair, and delivery personnel to go through the
background checks. In the event that they are escorted, the City is not requiring that they meet
the Statute in going through the background checks.
Mr. Costin moved to approve Ordinance No. 12-03 on FIRST Reading, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
13._.:.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS,
13.A. City Manager.
With regard to comments expressed by Mr. Costin about the landscaping for the
Dixie Highway corridor between George Bush Boulevard and the IHOP, the City Manager stated
the proposed area is about half the distance of what was zoned on the other side of the railroad.
The City Manager stated the estimated cost is approximately $45,000. This is a County right-of-
way and as such would be eligible for grant funding through Keep Palm Beach County Beautiful.
The City Manager stated we would plan to submit the proposal for next year's grant cycle and
the grant should be submitted in June 2004 approved in October and the funds could be
appropriated in the following year's budget.
Mr. Costin commented that he feels this will enhance the area substantially.
However, Mr. Costin stated he noticed a few days ago that the railroad has some new equipment
which he feels is very unsightly. In response, the City Manager stated this is the only project
from the Decade of Excellence Bond that was never completed. This project involves extending
the sidewalk across the railroad and this could not be done until the signal change was complete
so that a crossing arm is on both sides of the railroad for the sidewalk. The City Manager
reported that this has now been done and staff needs to go back and finish the road and sidewalk
work. Once this is done, the City Manager stated then the area can be cleaned properly.
Mr. Levinson stated if in fact the grant program is available, he suggested that the
City look for additional areas where there are County rights-of-way that could be included in the
grant request.
With regard to a concern expressed about motorcycle noise, the City Manager
stated Captain Licata (who is now in charge of District 1) has made a concerted effort to speak
with business owners and to personally observe the conditions in the East Atlantic Avenue area.
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05/06/03
The Police Department has developed several methods to enforce violations occarring in the area
and improve the general atmosphere of the nighttime and weekend activities. The City Manager
stated that staff is utilizing the digital message boards on the outskirts of the downtown area
(Friday evening through Monday morning), to alert motorists that violations of Florida Statutes
related to excessive exhaust noise will be strictly enforced. In addition, the City Manager stated
the Police Department using public education notices seeking compliance to the Statutes and
warning motorcycle operators that aggressive enforcement initiatives are underway. Motor
officers will work identified hours to target offenders in the downtown and surrounding areas
and will issue traffic citations to offenders. In addition, the City Manager stated officers
assigned specifically to the area will adjust their hours to give additional attention to the
nighttime activities. In addition to noise, the City Manager stated that there is a notice being
circulated by the Police Department which states "ATTENTION Motorcycle Owners Florida
State Statute #316.272 prohibits excessive sound levels generated from the operation of motor
vehicle/motorcycle. The Delray Beach Police Department will be strictly enforcing this statute
resulting in substantial fines. Please he courteous to other citizens and to your fellow patrons
and keep sound levels to a minimum."
13.B. City Attorney.
The City Attomey stated she sent an email to the Commission about the Butt
Harris amendments being forwarded and thanked the Commission for all the help put forth in
this regard.
13.C.
Ci,ty Commission.
13.C.1.
Commissioner Archer
Mrs. Archer stated last Friday the Delray Beach Sister Cities Committee had their
Twilight Safari Dinner and commented that this was a very successful event. Mrs. Archer
thanked Ngozi E. Mensah, Chairman of the Moshi Committee for Sister Cities for his assistance
and also thanked the Dale Briese and Rhonda Mensan (Co-Chairs of the Safari Dinner Event
Committee). In addition, Mrs. Archer thanked Tracey Sweeney, Executive Assistant, for her
heroic efforts with organizing the seating plan and handling the influx of money. Mrs. Archer
also recognized the staff from Old School Square for their efforts.
Mrs. Archer stated that a "Key to the City" was given to the Ambassador from
Tanzania. Mrs. Archer suggested that something can be done with the presentation of the "Key
to the City" so that it is in a frame with a plate on it to describe what it is. The City Manager
stated a frame has been found that can be used and staff is also talking to other vendors about a
presentation box.
Lastly, Mrs. Archer announced that she will not be at the Workshop Meeting next
week because she will be out of town.
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05/06/03
13.C.2. Commissioner Costin
Mr. Costin thanked the City Manager for following through with regard to the
landscape project along Dixie Highway.
Secondly, Mr. Costin stated he attended the Implementation Committee meeting
on Monday and commented that he is very impressed with the work fi.om the Architects and
overall feels this is a great success.
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated the Safari Dinner was well attended. In addition, Ms.
McCarthy stated the Roots Cultural series had the Caribbean Steel Band at Old School Square
and this band won 2002 solos (lst, 2nd, and 3rd place). Ms. McCarthy stated this is a Degree
Program at Florida Memorial College (FMC). Ms. McCarthy explained that the woman from
Trinidad who has her doctorate is teaching the program and she broached the school system
because she thought that it was time for a change. Ms. McCarthy stated the students have put on
an amazing program.
13.C.4.
Commissioner Levinson
Mr. Levinson stated the Commission received a memo regarding former
Commissioner David Randolph who will be honored as the "Man of the Year" on May 18, 2003
at 7:00 p.m. at the Ritz Carlton in Manalapan. Ms. McCarthy stated the sorority Delta Sigma
Theta holds an annual "Man of the Year Award" and tickets are $40.00 each.
Mayor Perlman stated he will not be able to attend because he will be at the
Florida Preservation Trust Meeting. Mayor Perlman inquired if there is an ad book and Ms.
McCarthy stated she will try to obtain information whether or not there is an ad book or not.
Mr. Levinson congratulated Nancy King because her daughter was selected to be
on the television show Mr. Personality.
Mr. Levinson stated that Autobahn Motors has provided the city with an electric
car and suggested that staff appropriately thank them by recognizing them with a proclamation at
the next Regular City Commission Meeting.
Mr. Levinson stated despite the rain the Delray Affair was a success event. He
commented that the coverage in the news that Delray Beach received was great.
Mr. Levinson stated that the Cinco de Mayo Festival was well attended and
commented that there were a lot more people there this year versus last year at that same time of
the day.
Mr. Levinson stated the CRA Technical Workshop with the Architects and
Planners was a terrific event and it tested the design guidelines.
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05/06/03
Mr. Levinson stated he did get to see the King of Ghana and commented that he
was very charming. Mr. Levinson stated he was there as the former Chairman of the Board of
the Museum of Discovery and Science.
Lastly, Mr. Levinson stated that if someone thinks the property values and rents
are high in Delray Beach, he suggested that they go visit Washington D.C.
13.C.5.
Mayor Perlman
Mayor Perlman stated that the turnout for the Cinco de Mayo Festival was great.
Secondly, Mayor Perlman stated he and the City Manager are going to meet with
Rick Chesser from FDOT on Monday which is before the Public Community Input Hearing
regarding the changes on A-1-A.
Mayor Perlman stated Ben Vereen visited the Child Care Center and gave a
public service announcement. Mayor Perlman stated that he will be doing some fundraising for
the children and commented that he has a home in Ibis Country Club in Jupiter.
Mayor Perlman commended Mrs. Archer and others for the Twilight Safari
Dinner and stated it was very well done. Mayor Perlman stated the Ambassador was very
gracious and complimentary toward Delray.
Mayor Perlman stated he had the opportunity to speak to the Realtors Association
of Palm Beach this morning at the golf club along with the Mayors of Boca Raton, Highland
Beach, and a representative from Boynton Beach. Mayor Perlman stated there will be a couple
other breakfasts in other parts of the County to discuss local issues of interest to the real estate
community. Mayor Perlman stated this was very well attended and he feels this is a very good
idea.
Mayor Perlman stated he had the opportunity to speak to Senator Klein who he
will be called back into the Special Session on Monday. Mayor Perlman stated that Senator
Klein is not very optimistic regarding the budget. Mayor Perlman stated that some of the magnet
programs at various schools may be cut and commented that Old School Square has lost some
funding. Mayor Perlman stated that Senator Klein has informed him that next year will be even
worse because the trust funds will be gone and will have to bank on a huge economic recovery.
Mayor Perlman stated he went to the lifeguard competition on the beach and
commented that he was amazed at the physical condition the lifeguards are in.
Mayor Perlman stated he would like to publicly thank and conunend Tracey
Sweeney, Executive Assistant, for the wonderful job she did with organizing the Safari Dinner.
In addition, Mayor Perlman commended Bob Barcinski, Assistant City Manager, and Rich
Olson, Interim Director Public Works, for all their hard work with the Delray Affair.
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05/06/03
At this point, the Commission moved to reconsider Item 8.Z., Special Evenff4th
Annual Haitian Flag Day Celebration.
8ogo
SPECIAL EVENT/4th ANNUAL HAITIAN FLAG DAY CEI,ERRATION:
Approve a special event request for the 4th Annual Haitian Flag Day Celebration sponsored by
Our Lady of Perpetual Help Catholic Church's Youth Group to be held on Sunday, May 18,
2003 from 4:00 p.m. until 8:00 p.m., including temporary use permit per LDR Section 2.4.6(H)
for the use of Merritt Park, set up/removal of City stage, staff support for security, trash removal,
and consideration of waiving 50% of overtime costs; contingent on the sponsor providing
certificate of liability insurance and a hold harmless agreement.
Wilner Athouriste stated this is a request for the City Commission to waive the
overtime costs for the 4th Annual Haitian Flag Day Celebration being held on Sunday, May 18,
2003.
Brief discussion followed by the Commission.
Mr. Costin moved to reconsider this item, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
Costin.
Mrs. Archer moved to approve waiving all overtime costs, seconded by Mr.
At this point, Mrs. Archer stated normally the City requests the event holder to
assume more of the financial responsibility for the City's costs. Mrs. Archer stated if the
Commission approves the amount this time, Mr. Athouriste would need to include an expense
item in his budget for the cost of the Police overtime next year.
Mayor Perlman asked if staff could meet with the organizers and get with the
Police Department to see if there is a way to cut back the overtime cost as much as possible. In
response, Mr. Barcinski he has discussed this once with Mr. Brown.
Ms. McCarthy commended Mr. Athouriste for continuing to have this event and
stated she feels it is very conscientious of him to come forward and anticipate that more security
may be needed this time. Ms. McCarthy commented about the Haitian radio station and stated
more and more people are listening and it is quite probable that people will be coming from
many different avenues. Ms. McCarthy stated she heard people in other counties talking about
listening to Mr. Athouriste's radio station. Ms. McCarthy stated because the Haitian Flag Day
Celebration may grow in attendance next year, she suggested that there be a public service
announcement on his radio station as a way to help him obtain more sponsors next year.
Mr. Levinson asked if Commissioner Archer would consider amending her
motion to approve to waive the overtime costs up to $1,200. Mrs. Archer concurred, seconded
by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion
-26-
05/06/03
passed with a 5 to 0 vote.
There being no further business, Mayor Perlman declared the meeting adjourned
at 8:30 p.m.
City Clerk
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 May 6, 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.
-27-
05/06/03
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
WHO MUST FILE FORM 8B
This fomt Is for use by any person eerving at the county, city, or biher local level of govemmont on an apaointed or elected board, council,
~ommisslon, authority, or committee. It applies equally to members of advisory and non~ bodies who am presented with a voting
conflict of interest under Section 112.3143, Flonda Statutes.
Your responsibilities under ~e law when faced with voting on a measure in which you have a conffict of interest will very gm·try depending
on whether you hold an elective or appointive position. For this reason, please pay cioso ~tentlon to the insb'uctions on this form before
completing the reverse side ~ filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A pamon holding elective or appointive county, municipal, or other local public office MUST ABSTAIN horn voting on s meesum which
inures to his or her special privets gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on I mee-
sure which inures to the special gain or loss of a principal (other t~an a government ~gency) by whom he or she is retained (including the
parent organization or subsidiar~ of s corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or lo~$ of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and offlcem of independent special tax diat~'lots elected on a one-sa'e, ons-vote basis are not prohibited from voting in that
For puqx~es of this law, · 'relative' includes only the officor*s father, mother, son, daughter, husband, wifa, brother, sister, father-in-iew,
mother-in-law, son-in-law, and daughter-in-law. A *business associate" means any parson or entity engaged in or canying on s business
enterprise with the officer as · partner, joint venturer, coowner of properly, or corporate shareholder (where the shares of the corporation
Ire not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In ~Jditlon to al~tainlng from voting in b'~e slaJatlon$ descHhed Mxwe, you must diecloso ~e confliot:
PRIOR TO THE VOTE BEING TAKEN by publiciy stating to the assembly the nature of your interest in the measure on which you
are abstaining tYom voting; and
WrFHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the pem~l responsible for recording the min-
utes of the meeting, who N~outd incorlx~lta the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting lethe situations descnlbed above, you othem4se may parti~ipata In the~e melta~. HoYmver, you
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL SE
TAKEN:
You must complete and ~e this form (before making any attempt to influence the decision) with the person resp~-,&~bie for recording the
minutes of the meeting, who will incoqx~rata the form in'the minutes. (Continued on other side)
CE FORM 8E - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the form must be p~ in--rely to the uther members of the ngency.
· The form must be mad publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· you must ~ orally the nature of your conflict in the measure before participating.
· you must complete the form and file it within 15 days aft~ the vote ocours with the bemon resF,~-,;It)le for recording the minutas of the
meeting, who must incorporate the form in the minutes. A cofly of the form must be provided immediately to the ofher members of the
agency, and the form must be mad publibly at tbe next mee~ng after the form is flied.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
, bem~ d~cae mat m
(a) A measure came or will COme before my Igency whic~ (chec~ one)
~ inured to my sbecial private gain o~ Icas:
~ thured to the Special gain or Icos of my businl":s associate,
-- inured to the lpeCibl gain or ~ d
whom I am retained; or
~ thumd to the ~,oeclal gain or Io"s of
I~ the parent organization or ~ubeidin~y of a pfincibel which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/'2000 PAGE 2
SPECIAL MEETING
MAY 13, 2003
A Special Meeting of the City Commassion of the City of Delxay Beach, Florida, was
called to order by Mayor JeffPerlman in the First Floor Conference Room at City Hall at 6:00 P.M.,
Tuesday, May 13, 2003.
Roll call showed:
Present-
Commissioner Bob Costin
Commissioner Jon Levinson
commtssioner Alberta McCarthy
Mayor Jeff Perlman
Absent - Commissioner Patdcia Archer
Also present were -
City Manager David T. Harden
City Attorney Susan A. Ruby and
City Clerk Barbara Garito
Mayor Perlman called the meeting to order and announced that it had been called for
the purpose of considering the following items:
1. RESOLUTION NO. 33-03: Consider approval of Resolution No. 33-03 establishing the Old
School Square Master Plan Task Team.
Commissioner Levinson suggested to the Commassion that he felt there was an
opportunity to do a joint venture or public partnership, or at least some discussion if
we appoint property owners to the Old School Square Master Plan Task Team at this
time.
Mr. Levinson motioned to approve Resolution No. 33-03, by amending Section 2 by
changing the composition of the memberskip to include 2 property owners in the
Old School Square District. Therefore, increasing the membership to seven (7)
members appointed by the Mayor and CommXssioners. Upon roll cat!, the
Commission voted as follows: Mr. Costm - Yes: Mr. Levmson - Yes; Ms. McCarthy
- Yes; Mayor Perlman - Yes. Said motion passed 4-0.
Prior to the motion discussion insured by the Commassion regarding the possible
appointment of a Commission member to the task team. It was agreed that the
dialog between the membership would be more open without a Commission
member in attendance. This advisory body will pursue assigned tasks with a target
date of accomplishing said tasks by December 31, 2003.
DISTRIBUTION OF FY 2004 DRUG CONTROL & SYSTEM IMPROVEMEN'f
~ Approve the distribution of FY 2004 Drug Control & System Improvement (DCSI)
funds (aka Byme funds) in the amount of $743,599 as recommended by the Criminal Justice
Commission; and authorize the Mayor to send a letter agreeing to the allocation of these funds.
City Manager indicated the proposed distribution of FY 2004 Drug Control & System
Improvement (DCSI) funds as recommend by the Criminal Justice Commission (cJc) were
reviewed by the Police Chief and staff recommends approval.
Commissioner Costm moved approval of the distribution of FY 2004 Drug Control &
System Improvement funds in the amount of $743,599 as recommended by the Criminal
Justice Commission, seconded by Comrmssion McCarthy. Upon roll call, the Commission
voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed 4-0.
Mayor Perlman declared the Special Meeting adjourned at 6:15 p.m., at which time
the commtssion convened to the regularly scheduled Workshop Meeting.
ATrEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Special Meeting of the City Commission held on
May 13, 2003, which Minutes were formally approved and adopted by the City Comtmssion on May
20, 2003
City Clerk
NOTE TO REAI)ER: 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 amendments, additions or deletions to
the Minutes as set forth above.
-2-
WHE~, Code Enforcement Officers provide for the safety, health
and welfare of the citizens in this community through the enforcement of
building, zoning, housing, animal control, fire safety, environmental and
other codes and ordinances; and
WHEREAS, Code Enforcement Officers are often not credited for the
jobs that they do in improving neighborhoods; and
WHEREAS, every day, assisted by support and program staff, they
attempt to provide quality customer service to the public for the betterment
of the community; and
WHEREAS, too many times their efforts go unnoticed, even after code
compliance has been accomplished due to their efforts and expertise; and
W/-1EREAS, Code Enforcement Officers are dedicated, well-trained,
and highly responsible individuals who take their jobs seriously and are
proud of their department and the local government within which they serve;
and
WHEREAS, the Florida Association of Code Enforcement, Inc.
(F.A.C.E.) has declared the first week of June to be set aside by local
government to honor and recognize their Code Enforcement Officers.
NOW, THEREFORE, I, JEFF PE~, MAYOR of the City of
Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim
June 2, 2003 through June 7, 2003 as
CODE ENFORCEMENT OF~'ICERS' APPRECIATION WEEK
in Delray Beach, Florida, in accordance with the state-wide observance of the
same and encourage all citizens of the City of Delray Beach to join this
Commission in expressing appreciation for the dedication and outstanding
service provided by the individuals who serve as our Code Enforcement
Officers.
IN WITNESS WH~ROF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 20~h day of
May, 2003.
JEFF PERLMAN
MAYOR
CITY OF DELAIIV BE#£H
DELRAY BEACH
AII-Ameflca Ci~
1993
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000
To:
City Manager - David Harden
From:
Thru:
Director of Out of School- Tonya~ Sn~th
Director of Parks and Recreation- ~oe Weldon
Subject: After School Program Presentation
Date: May 9, 2003
I would like to have the oppommity for our After School Program children to make a
presentation to City Commission on May 20, 2003. The content of the presentation will
be from a contest we held on "I Love My Mom Because." We have selected winners
from three sites: Pine Grove Elementary, Community Center, and Pompey Park.
Grades kindergarten through first participated in the Coloring Contest. Grades 2-3
participated in the Drawing Contest. Grades 4-5 participated in the Essay Contest. We
would like to present the City Commission a copy of our newsletters featuring essay
participants, drawing and coloring contest winners. We have Departmental certificates
and prizes. I hope the Mayor would be willing to present these to the children.
I strongly believe acknowledging the efforts of these children will encourage them to
learn and develop ideas about their role as citizens in our community and the world at
large.
I greatly appreciate your consideration. Thank you.
~-t~trector of ~Jof School Program
THE EFFORT ALWAYS MATTERS
a
DEL.RAY B. EACH .
Delray Beach Parks & Recreation
Out School Program
Essay Contest Participants
April ~oo3
Communit3' Center
Corey Bishop
Carson Gedeus
Francisco
Linda Mareus
Anthony Davis
Jim Loscielle
Valera Mandujano
Allain Smith
Justin Bowers
Shaley Perez
Samuel Mareus
Julietha Loscielle
Berenice Juaree
Harris Sharonda
Jeremy Morris
Rudy Conde
Matin Orange
Stacy Densine
Albrieon Smith
Asha Santiago
Tonanie Thomas
Juanise Allen
Peterson Hobour
Pine Grove
Justin Thaddias
Donta Medina
Jetterson, Dorgias
Lisa Desrosiers
Montrel Wright
Nicoison Hippolyte
Robert Lockhart
Nadiyah Braxton
Eric Beauford
Abdud Narcisse
Dinashelly Noel
Shamaflore Washington
Jereby Racy
Symone Davis
Ileana Cordero
Elisa Corretjer
Marquis Jones
Femando Mendez
Krystina Wright
Shanta McNair
Brandon Finkle
Shadd Dorsett
Pompey Park
Chanteira Perry
Carlin Brown
Devantc Askins
Brandon Wilkins
Michel St. Surin
Jeffrey Salomen
Kerby Luzineourt
Jacqueline Tinopcin
Keira Fashaw
Manreen Amilca
Junior Baptiste
Andly Thelismon
Jair Major
Deveney Greeen
Chelsea Simmons
Rashaud Mukennon
Naomi Mohouuiied
Devin Askin
Meganis McGriff
Ostone Medcus
Marflew Charles
Willis Odom
Drawing Contest Winnerm
Apl.II 200;
Community Center
Nancy Aguirre
Bianco Pierce
Acora Crawford
Ashley Gholston
Kattreona McGriff
Brittany Roxbury
Mikayla Holmes
Pine Grove
Nad De Rodriguez
Angela Noel
Eric Beauford
Juan Gonzales
Andrea Antoine
Chante Garrett
Estefania Marvin
Jemer Braswell
Charles Sprenkel
Darien Witherspoon
Jason-Ray-Swaby
Carissa Lloyd
Todney Evans
Judeline Mesidor
Coloring Contest Winners,
April 200;
Community Center
Maria Saucedo
Jennifer Maldonado
Suxein Mendoza
Kimberly Hobour
Alexis Mendoza
Pine Grove
Novmon Hippih
Francisca Dieubon
Ismael Exahtus
Tayla Allen
Frank Barker
Pompey Park
Justin Elien
Harry Davis
Evena Elistin
Jerry Altemar
Brandi Peele
TO:
THRU:
FROM:
SUBJECT:
DAVID
PLANNING AND ZONING
NGUYENTRAN, SENIOR 'NER '~{~',...--~ ~
MEETING OF MAY 20, 2003
FINAL SUBDIVISION PLAT FOR DELRAY OUTPATIENT PROPERTIES PLAT,
LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 640
FEET EAST OF MILITARY TRAIL.
The proposal incorporates Parcel 2, Plat of Delray Town Center, and contains 9.68 acres and is located
on the north side of Linton Boulevard, approximately 640 feet east of Military Trail.
At its meeting of May 8, 2002, the Site Plan Review and Appearance Board (SPRAB) approved the site
plan, landscape plan and architectural elevations associated with the construction of a two-story,
31,755 square foot medical office/outpatient facility on the northern half of the site; construction of a
two-story, 38,245 square foot medical office on the southern half of the site; and construction of a 352
space parking lot.
The plat currently before the City Commission is required for any subdivision of land which will be
dedicating easements, rights-of-ways and/or the extension of utility services and was listed as a
condition of approval by the Site Plan Review and Appearance Board.
The proposed boundary plat is a replat of Parcel 2 of Delray Town Center (Plat Book 65, Pages 189-
190) and consists of a total of 421,476 square feet (9.676 acres). The plat subdivides Parcel 2 of
Delray Town Center into 2 new parcels, Parcel A and Parcel B. Parcel A occupies the western portion
of the site and will contain the two-story medical offices. Parcel B occupies the eastern portion of the
site and contains the water management tract and vacant land. An existing ingress/egress easement is
being vacated, and a replacement easement is being dedicated by this plat. In addition, utility
easements are being dedicated to accommodate all utilities on site. A Non-Vehicular Access Line has
been shown to restrict additional access points (other than currently depicted) between Linton
Boulevard and the subject property.
By motion, approve the final plat of Delray Outpatient Properties Plat based upon positive findings with
respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan.
Attachments:
· Location Map
· Reduced Plat
· Site Plan Review and Appearance Board Staff Report of May 8, 2002
S:t P&Z~boards~city commission~Delray Outpatient Properties Plat-CCdoc. doc ~
J : BOULEVARD
S~ CLARE GOLF COURSE
DUNCAN
_i TOWN CENTER
~ 5o~m coo~rY
O~ MENTALcEN ~RHEAL~ ~ ~ PARK
WAL-MART
SOU~ COUN~ PROF.
~ .,"*.-'*- crow LIMITS MEDICAL OFFICE CENTER
ow ~ o~*Y ~. ~ DEL~Y OUTPATIENT PROPERTIES, LLC
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MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
RESOLUTION NO. 36-03
DATE: MAY 16, 2003
- REGULAR MEETING OF MAY 20. 2003
This is a resolution assessing costs for abatement action required to remove nuisances on seventeen
(17) properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 36-03.
AgmemoCE.Res. No. 36-03
RESOLUTION NO. 36-03
A P~ESOLUTZON OF *'r,ee CITY COMMISSION OP Tn CITY OF DBLRAY BEACh,
FLORIDA, PURSUANT TO CHAPTER 100 OP TKE CODE OF ORDINANCES OF
CITY OF DBLRAy BEACH, ASSESSING COSTS FOR A~ATING NUISANCES Ulm0N
CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELEAY BEACH A2TD PROVIDING
THAT A NOTICE OF LIEN SHALL ACCOMPANY T~E NOTICE OF ASSESSMENT;
SETTING OUT AC-a'uAL COSTS INCURRED BY 'A'~ CiTY TO ACCOMPLISH SUCH
ABATeMeNT A2~D LEVYING T~ COST OF SUCH ABATEMENT OF NUISANCES;
PROVIDIN~ FOR AN BFFECTIV~ DATE AND FOR A DUE DATE AND INTER, ST ON
ASSESSMENTS; PROVIDING FOR T~= R~C0RDING OF THIS R~SOLUTION, AND
DZCLARING SAID L~VY TO BE A LiEN URON T~E SUBJECT PROPZRTY FOR DITPAID
ASSBBSM~NTS.
W~P~AS, the City Manager or his delignated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of · nuisance upon
certain lots or percelm of land, described in the list attached hereto end made i part
hereof, for viol&tion of the provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delrey Beech, the City Manager or his design&ted
representative has inspected laid land(s) and has determined that e nuisance existed in
accordance with the standards eet forth in Chapter 100 of the Code of Ordinances, and
did furnilh the respective owner(s) of the lend(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 end 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and lent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to le&wells) they must abate laid nuisance, or file a
written request for a hearing to review the decision that · nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delr&y Beach would
proceed to correct this condition by abating luch nuisance, and that the cost thereof
would be levied as an assessment against said property; end,
WHEP~S, the property owner(s) named in the list attached hereto and made a
part hereof did fei1 and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request · hearing pursuant to Section 100.21 end 100.22
within the time It--its prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property swear(s) did request and receive · hearing, said
property owner(s) failed and/or neglected to abate luch nuisance(s) within the time
designated at the hearing wherein · decision wes rendered adverse to the property
owner(i)! and,
W~P~AS, the City of Delrey Beech, through the City A~nistretion or such
did enter upon the land(s) described in the lilt attached and made · part hereof and
incurred costs in abating the s~b]ect nuisance(s) existing thereon as described in the
uotice; and,
W~REAS, the City Manager of ~he City of Delray beach has, pursuant ~o
~ap~er 100 of the Code of Ordin~ces of the City of Delray Beach, s~ted to the
City C~--~ssion a report o£ the costs incurred in abeting seid nuisance(s) es
a£ores&id, seid report indiceting the costs per parcel of lend involved; end,
w~AS, the City C~---£ssion o£ the City of Delrey Beech, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the ooet of enid nuisance(e)
ngsinet said property owner(s),
NOW, ~'~R~FORE, BE ZT ~t~SOLVED BY T~U~ CZTY CO~ISSZON OF w~ CZTY OF DELRAY
B~ACH, FLORZDA, AS FOLLOWS~
Section 1. That assessments in the individual amounts &s shown by the
report of the City Manager of the City of Delrey Beach, involving the City's cost of
&bating the aforesaid nuie~ces upon the lots or parcels of land described in laid
report, & copy of which is attached hereto and made a part hereof, Ire hereby levied
against the parcel(s) of lend described in said report and in the *mount(s) indicated
thereon. Said assessments lo levied shall, if not paid within thirty (30) days efter
mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature end to the same extent
es the lien for general city tanss and shall be collectible in the same manner as
mort~egee end foreclosures ere under stets law.
~ection 2. That such assessments shall be legal, valid and binding
~ligatione upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first claes mail to the owner(s) of the property, as
such ~wnership appears upon the records of the County Tax Assessor, notice(s) that the
City C~,!lsion of the City of Delray Beach on the has
levied ex assessment against enid property for the cost of statement of said nuisance
by the City, and that said assessment ie due and peyeble within thirty (30) days after
the mailing date of said notice of assessment, efter which · lien shall be placed on
said property, end interest will accrue et the rate of 8% per annum, plus reasonable
&ttorney,e fees and other costs of collecting said e----. A Notice of Lien shell be
mailed, &long with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become e£fective thirty (30) days
fro~ the date of adoption and the &lineament(s) contained herein shall become due and
peyeble thirty (30) days after the mailing date of the notice of said assessment(s),
efter which · lien shall be placed on enid property(s), and interest shall accrue at
the rate of eight (8) percent per m~-um plus, if collection proceedings ere necessary,
the costs of such proceedings including i reasonable ettor~ey.I fee.
Section 5. That in the event that payment has not been received by the City
Clerk within thirty (30) days efter the mailing date of the notice of assessment, the
City Clerk is hereby directed to record · certified copy of this resolution in the
public records of Pelm Beach County, Ploride, exd upon the date and t/me of recording
of the certified copy of this resolution & lien shell become effective on the subject
property which shell secure the cost of statement, interest at the rate of 8%, and
collection costs including · reesoneble atto=ney.s fee.
2
R~s. No. 3~03
I~ASB~D ~ ADOP?IiD :l.n ~egulaF .es,,~.on on th~.s the · 2003.
da~ o£
MAYOR
ATTEST:
C~ty Clerk
3
Res. No. 36-03
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, N 1/2 OF LOT 5, BLOCK 30,
PB 1, P 3, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
125 SW 5TH AVENUE) AMY CHARLOW
12 43 46 16 01 030 0051 125 SW 5TH AVENUE
CUST ID # 535 DELRAY BEACH, FL 33444 $ 191.00
$ 55,00ADM FEE
TOWN OF DELRAY, LOTS 23 TO 25, INC., BLOCK 81,
PB 1, P 3, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(N.E. 3RD AVENUE) M. ANSON, TR
12 43 46 16 01 081 0230 2 LODGE STREET, STE B
CUST ID # 9997 ASHEVILLE, NC 28803 $ 125.00
$ 55.00 ADM FEE
PINE TRAIL SEC 11, NLY 40 FT OF LOT 8, BLOCK 5,
PB 32, P 153, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
515 NW 48TH AVENUE) CAFER K. & HULYA AYAZ
12 43 46 12 08 005 0081 515 NW 48TH AVENUE
CUST ID # 9999 DELRAY BEACH, FL 33445 $ 25.00
$ 55.00 ADM FEE
PINE TRAIL SEC 1, S 40 FT OF LOT 1, BLOCK 1,
PB 32, P 58, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(687 NW 46TH AVENUE) CHARLES GRIFFIN
12 43 46 12 07 001 0012 687 NW 45TH AVENUE
CUST ID # 3816 DELRAY BEACH, FL 33445 $1,895.00
$ 55.00 ADM FEE
CHATELAINE NO 1, LOT 13, BLOCK 5, PB 29, P 24,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
700 AVENUE CHAUMONT) DOLORES G. BELL
12 43 46 12 03 005 0130 700 AVENUE CHAUMONT
CUST ID # 9996 DELRAY BEACH, FL 33445 $ 100.50
$ 55.00ADM FEE
Res. No. 36-03
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
ATLANTIC GARDENS DELRAY, LOT 23, BLOCK 6,
PB 14, P 63, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL E. WILSON &
(142 SW 11TH AVENUE) HENRY WILSON
12 43 46 17 23 006 0230 P.O. BOX 1676
CUST ID # 262 DELRAY BEACH, FL 33447 $ 63.50
$ 55.00ADM FEE
SOUTHRIDGE, LOT 29, BLOCK 1, PB 1, P 3, PRIME PROPERTY PALM
PUBLIC RECORDS OF PALM BEACH COUNTY FL BEACHES, INC.
321 STERLING AVENUE) c/o KEVIN BALLARD, REG AGT
12 43 46 20 13 001 0290 5361 CEDAR LAKE RD # 1314
CUST ID #9509 BOYNTON BEACH, FL 33437 $ 110.50
$ 55.00 ADM FEE
STRICKLAND SUB, W 1/2 OF LOT 1 & N 19 FT OF
W 1/2 OF LOT2, BLOCK 1, PB23, P 173,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
1101 SW 9TH AVENUE) DANA K. (IRENE) LAROCK
12 43 46 20 22 001 0012 3064 ANGLER DRIVE
CUST ID # 7810 DELRAY BEACH, FL 33445 $ 775.00
$ 55.O0 ADM FEE
FAIRCREST HEIGHTS AMND PLAT, LOT 53,
PB 42, P 68, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(2147 SW 36TH TERRACE)
12 43 46 25 09 000 0530 iYOLLY P. VERZOSA
CUST ID # 525 1090 AMSTERDAM AVE #7 K
NEW YORK, NY 10025-1737 $ 75.00
$ 55.00 ADM FEE
TOWN OF DELRAY, S 66 FT OF N 186.51 FT OF
W 135 FT OF BLOCK 123, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL BARBARA DOOLEY
12 43 46 16 01 123 0010 133 NE 7TH AVENUE
CUST ID # 10019 DELRAY BEACH, FL 33483 $ 93.00
$ 55.00 ADM FEE
5
Res. No. 36-03
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
ATLANTIC PARK GARDENS, DELRAY, LOT 20,
BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(NW 13TH AVE - VACANT LOT SE CORNER NW) DOMINGO CUEVAS
12 43 46 17 18 001 0200 511 NE 39TH STREET
CUST ID # 118 POMPANO BEACH, FL 33064 $ 140.00
$ 55.00 ADM FEE
SOUTHRIDGE, LOT 6, BLOCK 7, PB 50, P 98 LUIS GOTLIBAS INC.
PUBLIC RECORDS OF PALM BEACH COUNTY, FL CARLOS PERLA, REG. AGENT
2406 SUNDY AVE - 2nd VACANT LOT) 900 EAST GREENSWARD LANE
~12 43 46 17 18 001 0200 # G - 111
CUST ID # 10025 DELRAY BEACH, FL 33445 $ 55.00
$ 55.00 ADM FEE
TOWN OF DELRAY, S 75 FT OF N 150 FT OF E 1/2
OF S 1/2 BLOCK 39, PB 1, P 3, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL ROBERT L. BURNS &
2578 LAKE IDA ROAD) ANGELA D. BURNS
12 43 46 16 01 039 0050 2578 LAKE IDA ROAD
CUST ID # 6631 DELRAY BEACH, FL 33445 $ 157.00
$ 55.00 ADM FEE
SOUTHRIDGE, LOT 10, BLOCK 7, PB 50, P 98,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL HECTOR SANSOGNI, INC.
(2422 SUNDY AVE - VACANT LOT EAST OF 2426) CARLOS PERLA, REG. AGENT
12 43 46 20 13 007 0100 900 EAST GREENSWARD, INC.
CUST ID # 10026 DELRAY BEACH, FL 33445 $ 55.00
$ 55.00 ADM FEE
SOUTHRIDGE, LOT 7, BLOCK 7, PB 50, P 98,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL HECTOR SANSOGNI, INC.
2410 SUNDY AVE - 1ST VACANT LOT) CARLOS PERLA, REG. AGENT
12 43 46 20 13 007 0070 900 EAST GREENSWARD, INC.
CUST ID # 10026 DELRAY BEACH, FL 33445 $ 89.00
$ 55.00 ADM FEE
6
Res. No. 36-03
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDE~
THE CODE OF ORDINANCF
SEC 17-46~,3, S 50 FT OF N 80 FT OF E 135 FT OF
iN 285 FT OF S 1/2 OF N 1/2 OF LOT 6, pR 1, P 3, JEAN A. WESTER, ET AL
PUBLIC RECORDS OF PALM BEACH COUNTY, FL c/o V. SEADLOCK
(126 NW 11TH AVENUE) 202 ELAINE CIRCLE
12 43 46 17 42 006 0180 INEST PALM BEACH, FL
CUST ID # 10027 33409-3747 $ 63.50
$ 55.00 ADM FEE
DELRAY BEACH HIGHLANDS, SEC 1, LOT 26,
BLOCK 3, PB 26, P 209, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL WASHINGTON MUTUAL BANK
1228 SOUTH CONGRESS AVENUE) C/O KERRY KILLINGER, PRES.
12 43 46 19 02 003 0260 1201 3RD AVENUE
CUST ID ~9716 SEA~-FLE, WA 98101 ~ $ 63.50
$ 55.00 ADM FEE
VIOLATION IS.' SECTION 100~)1 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
Res. No. 36-03
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING,/DIRECTOR OF PLANNING AND ZONING
JASMIN ALLEN, PLANNER
MEETING OF MAY 20, 2003 *CONSENT AGENDA*
ACCEPTANCE OF AN EASEMENT DEED ASSOCIATED WITH LAKE IDA
CHURCH OF CHRIST
The action requested of the City Commission is acceptance of an easement deed for Lake Ida
Church of Christ, located at the southwest corner of Lake Ida Road and Roosevelt Avenue.
At its meeting of September 3, 2002, the City Commission approved a conditional use
modification request to allow the construction of a new 600 seat sanctuary, conversion of the
existing sanctuary to a fellowship hall and construction of an additional 53 parking spaces for
Lake Ida Church of Christ. On November 13, 2002, the Site Plan Review and Appearance
Board approved a Class IV site plan modification with conditions. That proposal included the
extension of an 8" water main and installation of a fire hydrant. One of the conditions of
approval was that prior to the issuance of a building permit a utility easement be provided to
cover the extension of the 8" water main. The City Attorney's Office has reviewed the
agreement for legal sufficiency and form, and determined it to be acceptable.
By motion, accept the easement deed for Lake Ida Church of Christ.
Attachments:
Location Map
Site/Utility Plan
Easement Deed
S:\Planning & Zoning~Boards\City Commission~Easement Deed-Lake Ida Church of Chdst
CARE
CENTER
PARK
£ A
IDA
K£
ANCHOR
LAKE IDA
CHURCH OF
CHRIST
CLASS IV SITE PLAN
MODIFICATION
1300 LAKE IDA ROAD
SUPPLEMENTALINFORMATiON
ST,
PROSP[CT ST,
N*W. 3RD ST*
N.W. 2ND
POMPEY
PARK
j
SITE PLAN
TYPICAL PARKI
Prepa~:l by: RETURN:
R. Brian Shutt. Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this /¢>'~'day of A~'~/ _, 200~ by and between
~,4,ez-' ,--,~4 c>/~,o~',~(',~'4fwith a mailing address of/.~ooZ,,,~t'/,~,~ ,~'~',~/~,~,",~r~/~ party of
the first part, and thc CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue,
Defray Beach, Florida 32~.~., a municipal corporation in Palm Beach County, State of Florida, party of
the second part:
WITNESSETH: That the pan'y of the fast part, for and in comideratiun of the mutual
promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell
and release unto the party of the second part, its suecessers and assigns, a right of way and perpetual
easement for the purpose of the construction and maintenance of public utilities with full and flee right,
liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across,
through and upon, over, under or within the following described property located in Palm Beach
County, Florida, to- wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the patty of the second pan'y,
its successors and assigns, of ingress and egress over and on that portion of land described above, to
effect the purposes of the easement, as expressed hereinaRer.
That this easement shall be subject only to those easements, restrictions, and reservations of
record. That the party of the first part agrees to provide for the release or subordination of any and all
mortgages or liens encumbering this easement. The party of the first part also agrees to erect no
building or effect any other kind of conslruction or improvements upon the above-described property.
It is understood that upon completion of such conslruction, all lands di,mteoed thereby as a
result of such construction performed thereon, will be restored to its original or like condition without
expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1:
(name printed or typed)
(name printed or typed)
STATE OF
COUNTY
The foregoing instrument was acknowledged before me this /oz~/Lday of
~/?~ ,200_5 by ~-. ~ .~git/ga. (name of officer or agent), of
La t~/l~.~,{ ~/njiz-/~L (naJne o~ corporation), a ~v/rf_zL (State or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced /~)Z~.~//D -40.~--157-/~3--O(type of identification) as identification and did/di~_O
no.._t take an oath.
Signature of Notary Pubic -
State
2
LAND
BOUNDARYSURVEY8
MORTGAGESURVEYS
CONSTRUCTION LAYOUT
310 SOUTH FEDERAL HIGHWAY - P.O. BOX 759- BOYNTON BEACH, FLORIDA 33425
BOYNTON BEACH Phone (561) 737~6546 · Fax (561) 734-7546
12 UTILITY EASEMENT
LAKE IDA ROAD CHURCH OF CHR/ST
A 12.00 FOOT WIDE UTILITY EASEMENT LYING IN THE PLAT OF LAKE IDA ROAD
CHURCH OF CHRIST, AS RECORDED IN PLAT BOOK 70, PAGE 1 AND 2 , OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID EASEMENT BEING
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTH EASTERLY CORNER OF THE PLAT LAKE IDA ROAD
CHURCH OF CHRIST, THENCE WITH A CURVE TO THE RIGHT ALONG THE NORTH
L1NE OF PLAT, HAVING A CHORD BEARING OF NORTH 74 29' 47" WEST, A RADIUS
OF 1559.76 FEET, A CENTRAL ANGLE OF 10 42' 15", AND AN ARC LENGTH OF 291.40
FEET MORE OR LESS TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE
12.00 FOOT WIDE UTILITY EASEMENT; THENCE WITH A RADIAL BEARING OF
SOUTH 20 51' 20" WEST, A DISTANCE OF 10.00 FEET TO A POINT; THENCE SOUTH
89 05' 24" WEST, A DISTANCE OF 45.14 FEET TO A POINT; THENCE SOUTH 00 54~ 36"
EAST, A DISTANCE OF 60.00 FEET MORE OR LESS TO THE END OF THE DESCRIBED
CENTERL1NE OF THE 12.00 FOOT WIDE UTILITY EASEMENT
C, ERTIFI~ATION
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIP'rlON WERE
PREPARED IN ACCORDANCE W/TH THE SURVEYING STANDARDS, CHAPTER 61G176, FLORIDA
ADMIN/STRATION CODE, SET FOURTtt BY TIlE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND
MAPPE1LS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE SIGNATURE AND TItE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS
Foil I O ?TIO, P OSES ONLY IS NOT VALm.
SUUVE¥Sk Nd. 3285
ST'ATE Oa¢ FLOR.IDA
NOTE; TillS IS NOT A SKETCH OF SURVEY, BUT ONLY
A GRAPHIc DEPICTION OF THE DESCRIPTION SHOWN
HEREON, THERE I-{AS BEEN NO FIELD WORK VIEWING
OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN
CONNECTION WITH TIlE PREPARATION OF THIS
INFORMATION SHOWN HEREON.
NOTE; LANDs SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS OF WAYS EASEMENTS OF RESERVATIONS
OF RECORD
LB 2102 Joe Tucker
LAND SURVEYORS
Phone:
219 SE 23RDAVENUE ~ca (~1) 39%4388
RO BOX 759 Boynton (561) 737-6546
BOYNTON BEAOH, FLORIDA 3~ F~ (561) 734-7548
LAND SURVEYORS
219 S.E. 23rd STREET- P.O. BOX 759 - BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546" Fax (561) 734-7546
BOUNDARY SURVEYS
MORTGAGESURVEY$'
CONCTRUCTION LAYOUT
L
LAKE IDA ROAD CHURCH OF CHRIST
I
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER %
AGENDA ITEM # -REGULAR I~R~-TING OF MAY 20. 2003
DELRAY BEACH HOUSING RENAISSANCE PROGRAM/FIRST TIME
HOMEBUYERS/SWINTON GARDENS
DATE: MAY 16, 2003
This is before the Commission for authorization and approval to execute warranty deeds with eleven
(11) first time homebuyers for the construction of affordable single-family homes located in the
Swinton Gardens Development; and to pay the developer's fees in the amount of $28,000.00 for the
eight (8) low-income applicants from the State Housing Initiatives Partnership (SHIP) Program.
Funding for the total amount of $28,000.00 is available from 118-1924-554-83.01 (State Housing
Initiatives Partnership (SHIP) Program).
Recommend approval of the execution of the eleven (11) warranty deeds and payment of the
developer's fees under Delray Beach Renaissance Program as outlined above.
S:\City Clerk\chevelle folder\agenda memo~\Renaissance Program.05.20.03
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David Harden, City Manager
Lula Butler, Community Improvement Director
Kendra Graham, C. D. Administrator ~
May 14, 2003
SwintonGardens
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to execute warranty deeds with eleven (11)
first time homebuyers for construction of affordable single-family homes in the Swinton
Gardens development.
BACKGROUND
On March 10, 1999, City Commission authorized the purchase of vacant property located
at the northwest comer of Swinton Avenue and Southwest 10th Street to facilitate new
homeownership opportunities for low- and moderate-income households as part of the
City's residential neighborhood stabilization efforts. The property was purchased with
HOPE 3 funds.
A Request For Proposal (RFP) was solicited from qualified developers and/or contractors
to construct eleven (11) single family homes on the aforementioned property, to he
known as "Swinton Gardens." As an incentive for the developers to take on the project
and to make sure the "end product" remained affordable, the City reduced pre-
development costs by having the design done in-house by City staff, used Community
Development Block Grant (CDBG) funds to pay for all infrastructure improvements and
County impact fees will be paid from State Housing Initiatives Parmership (SHIP) funds.
City Commission approved award of the RFP to Randolph and Dewdney Construction,
Inc.
Under the Delray Beach Housing Renaissance Program and in partnership with the
Delray Beach Community Development Corporation (CDC) and the Center for
Technology, Enterprise, and Development (TED), eligible applicants were identified who
meet all the criteria for participation in the first time homehuyers program. In lieu of a
subsidy for gap financing or down-payment assistance, each eligible homebuyer will
receive title to their lot, which has an appraised value of $15,000 and the $3,500
developer's fee will be paid from SHIP funds. To help ensure the viability of the
development by including a diverse mix of incomes, the City set aside three (3) of the
eleven (11) lots for households with incomes between 80% - 120% of the area median
income limit. These households will also receive title to their lot, but must pay the
$3,500 developer's fee from their own funds.
A "reverter clause" has been added to the Warranty Deed stipulating that if the "grantee"
does not obtain a Certificate of Occupancy on the property within one year from the
closing date of the construction loan, the property will revert to the City. Also, the value
of the lot will constitute the "grant" amount and will be secured by a Promissory
Note/Second Mortgage approved by the City Attorney and requires the applicant to
maintain ownership/residence for a period of ten (10) years to be forgiven at a rate of
10% per year.
RECOMMENDATION
Staff is recommending City Commission authorization and approval to execute warranty
deeds with eleven (11) first time homebuyers for construction of affordable single-family
homes in the Swinton Gardens development.
STREET
LIN TON
THE
pLAZA
AT
D E LRA Y
,~gLRA Y
BOULEVARD
N
SHIP/CDBO
AFFORDABLE HOUSING
This instrument was prepared by
and return to:
R. Brian Shutt, Esq.
200 N.W. 1st Avenue
DeLay Beach, Florida 33444
WARRANTY DEED
THIS INDENTURE, made this __ day of , 2003, between CITY OF
DELRAY BEACH, a Florida municipal corporation of the County of Palm Beach, State of
Florida, whose mailing address is 100 N.W. 1st Avenue, Delray Beach, Florida, 33444, grantor*,
and LOVETT LYNARD, IH and SHATENDA L. LYNARD, whose mailing address is P.O.
Box 2112, Delray Beach, FL 33447, grantee*.
~ITNESSETH that said grantor, for and in consideration of the sum of One Dollar ($1.00) and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt
whereof is hereby acknowledged, have granted, bargained and sold to the said grantee, and
grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm
Beach County, Florida, to-wit:
Lot 1 of the Plat of Swinton Gardens,. City of Delray Beach, as recorded in Plat
Book 98, page 70.
SUBJECT TO: Easements, reservations, and restrictions of records, taxes for
2003 and subsequent years, all zoning ordinances and regulations imposed by
governmental authorities, and any matters which would be revealed by an accurate
survey.
and said grantor hereby covenants With said grantee that the grantor is lawfully seized of said
land in fee simple; that the grantor has good right and lawful authority to sell and convey said
land; that the grantor hereby fully warrants the title to said land and will defend the same against
the lawful claims of all persons whomsoever;, and that said land is free of all encumbrances, save
and except:
In the event that grantee fails to obtain a Certificate of Occupancy for the construction ora single
family home, on the property described above, within one year from the closing date of the
construction loan, then all right, title and interest in and to the property and to the improvements
thereon, shall rever~ to and revest in grantor, or its heirs or assigns, as fully and completely as if
this instrument had not been executed.
IN WITNESS WI~EREOF, grantor has hereunto set grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered in our presence:
Print iName:
Print Name:
CITY OF DELRAY BEACH, FLORIDA
By:.
JeffPerlman, Mayor
ATTEST:
City Clerk
Approved as to Form:
STATE OF FLORIDA
COUNTY OF PALM BEACH
City Attorney
The foregoing instrument was acknowledged before me this day of
,2003, by Jeff Perlman, Mayor for the City of Delray Beach, a Florida
corporation, on behalf of the corporation. He is personally known to me or has produced
as identification.
· Signature of Notary Public - State
of Florida
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM $$ °'~ - REGULAR MEETING OF MAY 20. 2003
GRANT AWARDS FOR HOUSING REHABILITATION CONTRACT
DATE: MAY 16, 2003
This is before the Commission to consider approval of the following housing rehabilitation
contracts:
· $14,910.00 to Preston Construction for 129 S.W. 11th Avenue
· $19,136.25 to Craftsman Plus, Inc. for 1327 Preston Street
Funding for the total amount of $34,046.25 for these grants is available from 118-1963-554-49.19
(Community Development Block Grant (CDBG) Program/Housing Rehabilitation) and 118-1924-
554-49.19 (State Housing Initiatives Parmership (SHIP) Program/Housing Rehabilitation).
Recommend approval of the housing rehabilitation grant\contract awards as outlined above.
S:\City Clerk\chevelle folder\agenda memos\CDBG Hoosing Rehab Awaxd.5.20.03
City of Delray Beach Community Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Director of Community Improvement
Kendra W. Graham, C.D. Administrator
May 14, 2003
Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE CITY COMMISSION
Approval is requested for two (2) Housing Rehabilitation grant awards to the lowest responsive
bidders. This request is in accordance with the City's Community Development Division's
approved Policies and Procedures.
BACKGROUND
The grant awards are based on the actual cost of the rehabilitation, as determined by the low
responsive bidder, plus a 5% contingency. The contingency may be used for change orders and
all unused funds will remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building Inspection
and Community Development Division. Contracts are executed between the building contractor
and the property owner. The City remains the agent and this office monitors all work performed
by the contractor, ensuring compliance according to specifications and program guidelines. Pay
request forms require both contractor and homeowner's signatures. Grant recipients have met all
eligibility requirements as specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the
roof, electric and plumbing systems and correcting other incipient code violations. Detailed work
write-ups and individual case files are available for review in the Community Development
Division Office.
The Community Development Division is responsible for ensuring that the housing rehabilitation
contracts are awarded to the lowest responsible bidder, as a result of a formal bid process.
Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it
relates to the Division's professional in-house estimate. This serves to disqualify unreasonably
low bids and therefore protect against the resulting change order requests. This policy further
assists the Division with its goal of completing each rehabilitation activity utilizing the estimated
amount of funding required.
RECOMMENDATION
Staff recommends awarding the bid for two (2) Housing Rehabilitation projects to the verified
responsible low bidders and authorize awards in the following amounts:
Case Number
01-013 HR
01-008 HR.
.Address
1327 Prospect St.
129 SW 11th Ave.
Contractor
Cragtsman Plus, Inc.
Preston Construction
Grant Amount
$19,136.25
$14,910.00
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2003-33 SH
APPLICANT: Josephine Bell
PROJECT ADDRESS: 1327 Prospect Street
DATE OF BID LETTERS: April 17, 2003
DATE OF BID OPENING: May 1~ 2003
NAME OF CONTRACTORS
ABISSET CORPORATION
CRAFTSMAN PLUS, INC.
DANIEL MORGAN
HENRY L. HAYWOOD
PRESTON CONSTRUCTION
SOUTH FLORIDA CONSTRUCTION
HORIZON ROOFING
PETITO ROOFING
WRIGHTS WAY ROOFING
AMOUNT OF BIDS
$ 21~905.00
$ 18~225.00
$ 23~865.00
$
$ 20335.00
$ 18,615.00
$
IN-HOUSE ESTIMATE $ 20,160.92
CONTRACTOR AWARDED CONTRACT: Craftsman Flus, Inc.
BID/CONTRACT AMOUNT: $18,225.00 + 911.25 (5% Continl~encv} = 19~136.25
FUNDING SOURCE: State Housing Initiatives Partnershio (SHIP) Program
Account No. 118-1924-554-49.19
COMMENTS:
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2003-34 CDBG
APPLICANT: Dolores Green
PROJECT ADDRESS: 129 SW 11tb Avenue
DATE OF BID LETTERS: April 17, 2003
DATE OF BID OPENING: May 1~ 2003
NAME OF CONTRACTORS
ABISSET CORPORATION
CRAFTSMAN PLUS, INC.
DANIEL MORGAN
HENRY L. HAYWOOD
PRESTON CONSTRUCTION
SOUTH FLORIDA CONSTRUCTION
HORIZON ROOFING
PETITO ROOFING
WRIGHTS WAY ROOFING
AMOUNT OF BIDS
$ 14~950.00
$ 8~885.00
$
$ 14,200.00
$
1N-HOUSE ESTIMATE $ 13~765.84
CONTRACTOR AWARDED CONTRACT: Preston Construction
BID/CONTRACT AMOUNT: $14~200.00 + 710.00 (5% Contingency) = 14~910.00
FUNDING SOURCE: Community Development Block Grant (CDBG) Program
Account No. 118-1963-554-49.19
COMMENTS: Morgan's bid was incomplete due to omission of £mal page.
~DUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ,-, x - REGUI.AR MEETING OF MAY 20. 2003
GRANT AWARD FOR HOUSING REHABILITATION CONTRACT
DATE: MAY 16, 2003
This is before the Commission to consider approval of the following housing rehabilitation contract:
* $25,000.00 to Henry Haywood for 413 S.W. 2"a Street
Funding for the total amount of $25,000.00 for this grant is available from 118-1963-554-49.19
(Community Development Block Grant (CDBG) Program/Housing Rehabilitation).
Recommend approval of the housing rehabilitation grant\contract award as outlined above.
S:\City Clerk\chevelle folder\agenda mcmos\CDBG Housing Rehab Award.5.20.03
City of Delray Beach Community Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Director of Community Improvement
Kendra W. Graham, Community Development Administrator
May 14, 2003
Community Development Division's Housing Rehabilitation Grant Award
ITEM BEFORE CITY COMMISSION
Approval is requested for one (1) Housing Rehabilitation grant award to be leveraged with
private funds to assist a homeowner who resides within the CDBG target ama, and who has been
displaced due to structural damage caused by a fire at his home.
BACKGROUND
On January 12, 2002, property located at 413 SW 2nd street sustained damage due to a fire. As a
result, the Chief Building Official declared the structure unsafe. On April 23, 2002, the
homeowner appealed the declaration of unsafe structure to the Board of Construction Appeals.
The homeowner was granted 90 days to submit the necessary building permits and six months
from issuance of said permits to complete the work. Based upon specifications completed by
Malek & Associates, who estimated the cost of repairs to be approximately $50,000 to $60,000,
the homeowner received a bid from General Contractor, Jay Callaway, in the amount of $47,210.
Subsequently, a permit was approved but expired in April, 2003, with no activity occurring on the
property. At the April, 2003, Board of Construction Appeals, the homeowner advised the Board
that the general contractor who was involved in the project was now deceased and that he was
still trying to obtain financing for the repairs. The homeowner was referred to the City's Housing
Rehabilitation Program and was also granted another 30 days to provide proof that another
contractor has been hired, and to provide an estimate of the amount of work and time frame for
completion.
The homeowner is eligible for participation in the Housing Rehabilitation Program. Based upon
Malek & Associates' specifications, the homeowner received a bid from Henry Haywood in the
amount of $34,900. Haywood's bid, which is the lowest of the three received, exceeds the
rehabilitation program limits of $25,000. The homeowner has provided a $15,000 cashier's
check towards the total rehabilitation costs. The Community Development division is proposing
a CDBG grant award for the maximum amount of $25,000. This will provide the additional
$20,000 needed by the homeowner, with $5,000 being held in contingency. The homeowner has
also been advised that he must maintain adequate homeowner's insurance for the term of the
grant award, which is 10 years.
All work will be completed in accordance with the specifications prepared by Malek &
Associates. As with all housing rehabilitation grants awarded under the City's Housing
Rehabilitation Program, Community Development staff will oversee the rehabilitation activities
pursuant to the Division's approved Policies and Procedures.
RECOMMENDATION
Staff recommends awarding a housing rehabilitation grant to the verified low bidder in the
following amount:
Case Number Address
Contractor
Grant Amount
03-034 CDBG HR 413 SW 2nd Street Henry Haywood $25,000.00
el,) ,~'gz (Pi) .zl'gz
,Ot" I I
,0/.'9
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'3'o ,,~ @
9x~: ~u!ls!x~
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~mup. uoD sxoqa~ g#fffAS.
_ uo!lgpuno,l ala~auoD
,,Zlx.9I pasodoM
PROPOSAl.
HENRY L. HAYWOOD
General & Roofing Contractor
211 Northwest 8th Avenue · Delray Beach, Florida 33444
(561) 375-1100
Proposal Submitted to:
THOMAS KEMP
Phone:
Date:
1/15/(~
413 SW2nd Street
CIty, S~,andZip Code
Delray Beach, FL
Architect
Date of Plans.
Job Location
413 SW 2nd Street
Job Phone
Malek & Associates 7/1/02
We hereby Submit specifications and estimates for:
Fire Damage Repairs:
2.
3.
4.
5.
6.
7.
Repair residence according to drawings..
The pdce does not include any landscaping.
. Flooring shall not exceed twelve dollars per yard.
All intedor painting will be one color.
Any changes that are not on existing drawings or general notes will require a change order.
FIoodng to be carpet and vinyl only.
install reverse cycle NC wall unit.
THIRTY-FOUR THOUSAND NINE HUNDRED DOLLARS ($34,900.00)
Payment to be made as follows: $8,725.00 Upon Start-Up
1st Draw:. New Wall and Rafters in Placed and Sheeted
2nd Draw: Rough Electric, Plumbing, and Dr~vall Hung
3rd Draw: Job Completion with Certificate of Occupancy
/UI ~-,~;=i;~i is guaranteed to be as specified. All w~rk to be comp;~e~ in a workmanlike manner, according to standard practices. Any a~teration
~fcahons and conditions are satisfactory and are hereby accepted You are
authorized to do the work as specked. Payment will be made as ouUined above.
Signature
Dated
Signature
Dated
NAME:
STREET:
STATE:
JAY P. CALLAWAY
General Contractor
1206 N.E. 3rd Avenue
Delray Beach, Florida
(561) 278-1147 · (561) 278-0872
PROPOSAL
PROPOSAL SUBMITTED TO:
JOB NAME:
STREET:
CITY:
STATE:
~~ We ereby p o~se 1o rnish I~bor ~nd m~teri~ls - complete in ~ccordence with the ~bove s~cdicelions, for Ihe sum ~:
Authorized Sign~lure ~.~ _ , ~ ~
ACCEPTANGLK~OF~p RO POSAI
from above spe¢ific~llons involving exlra costs, will be executed only upon wrilten orders, and w~ll become an exlra charge over and above the estimale. All
days and is void
The above prices, specifications and conditions are hereby accepted. You are authorized Io do the wor~ as specitied Payment will be made
as outlined above.
ACCEPTED: Signalure __
D~te Signature
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # - REGULAR MEETING OF MAY 20. 2003
SERVICE AUTHORIZATION #10/CH2MI4H.I.
DATE: MAY 16, 2003
This is before the City Commission to approve Service Authorization #10 with CH2MHill in the total
amount of $100,400.00 for the design of hardscaping/landscaping and water main improvements
along SW/NW 5~h Avenue from S.W. 1't Street to N.W. 2"u Street. The Community Redevelopment
Agency (CRA) has agreed to pay $89,000.00 and the City will pay $11,400.00.
Funding is available from 442-5178-536-63.50 0Y,/ater Line Upgrades) for $11,400.00.
Recommend approval of Service Authorization #10 with CH2MHill for the design of SW/NW 5m
Avenue Improvements Projects.
&\City Cletk\chevelle folder\agenda memos\ServiceAuth.#10CH2MHill.5.20.03
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, P.E.//~~
14 May 2003
NWISW 5th Avenue - SW 1st Street to NW 2nd Street
Interlocal Agreement wi Palm Beach County
Commission Agenda Item
Project # 2003-037
The attached agenda item is for Commission authorization/approval for Mayor to execute
Service Authorization #10 with CH2MHill for desgn of hardscaping and landscapin
improvements along SW/NW 5th Avenue from SW 1st Street to NW 2nd Street. The CRAhags
agreed to pay $89,000.00 toward the design fees, see attached letter. The remaining
$11,400.00 in design fees is for water main improvements associated with this project.
This project is part of the proposed City Cultural Loop. The project is estimated to cost
$1,521,000.00 and is currently split over two years ($221,000.00 in FY 2003-2004 and
$1,300,000.00 in FY 2004-2005) in the Capital Improvement Program. The City is in the
process of entering into an Interlocal Agreement with Palm Beach County for reimbursement of
$450,000.00. The CRA is providing the balance of the funding for this project.
The attached map shows the project location.
The cost of this Service Authorization is $100,400.00. $89,000.00 will be paid by CRA.
$11,400.00 will be paid from account #442-5178-538.63-50
Please place this item on the 20 May 2003 Commission Agenda.
Thanks
enc
cc:
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
Diane Colonna, CRA
file
S:~EngAdmin~Projects~OO3~2003-O37~Officialt2003.05_20 agenda memo. doc
DELRAY BEACH
COMMUNITY REI) EVELOPMENTAGENCY
May 14,2003
Randal Krejcarek
City Engineer
434 S. Swinton Avenue
Delray Beach, Florida 33444
RE: Design Fees- NW/SW 5th Avenue
Dear Randal,
The purpose of this letter is to verify that funding is available from the CRA for payment
of design fees in connection with the improvements to the 100 and 200 blocks of NW
5th Avenue and the 100 block of SW 5th Avenue. The funding amount, $89,000, will
cover the cost of activities outlined in the Consulting Service Authorization submitted by
CH2M Hill Corporation for this project. The funds are available in the CRA's 2003
budget under the category of NW/SW 5th Avenue Redevelopment, subcategory:
Planning and Beautification.
Please provide us with a copy of the executed Consulting Service Authorization
agreement when it becomes available. Also, please work with West Atlantic Program
Manager Rosalind Murray in coordinating any meetings with the consultants and
community members. As we've discussed, this project will have a high level of
community interest, and we want to be sure that people remain involved throughout the
entire process.
If you have any further questions or require any additional information, please don't
hesitate to call. The method for paying these funds should be coordinated with our
Assistant Director/Controller, Juliana Steele.
Sincerely,
Diane Colonna
Executive Director
c: Rosalind Murray
Juliana Steele
104 West Atlantic Avenue · Delray Beach, Florida 33444
561-276-8640 · Fax 561-276-8558
Service Authorization No. 10 to the
Agreement to Furmsh Profession.a.I Services
Dated July .6, 1999, Between the CRy of Delray
Beach, FlorIda and CH2M HILL, Inc.
City P.O. Number: .2003-037 City Project Number
Title: Beautification of NWISW 5t~ AVENUE
Category of Work: Professional Engineering Services - Construction Documents
General
This SERVICE AUTHORIZATION AMENDMENT shall modify the professional services
agreement referenced above and shall become part of that AGREEMENT as if written there
in full. Changes in the indicated Scope of Services will be subject to renegotiation and
implemented through an Amendment to this agreement.
Introduction
The City of Delray Beach (CITY) has worked with the Community Redevelopment Agency
(CRA) and the neighborhood and business groups in the Atlantic Avenue corridor to
sponsor and assist with various beautification projects over the past decade. One of the
recently identified projects in the corridor is the three block area of NW and SW 5m avenue
north and south of West Atlantic Avenue from NIAt 2ha (MLK Boulevard) to SW 1st street.
This section of NW and SW 5m Avenue anchors the western portion of the proposed Delray
Beach Cultural Loop Trail project and is undergoing major redevelopment at this time. This
Service Authorization provides a scope of work, budget, and schedule for preparing a
Master Plan and Construction Plans and Specifications for the Streetscape and infrastructure
improvements for the three block area, along with the study of off street parking in the
adjacent alley ways and the replacement of a water line along SW 1st Street between SW 54
and SW 4m avenues.
Background
The project generally consists of Beautification and artwork along NW/SW 54 Avenue from
SW First (ls~ Street) through NW Second (2nd) Street including various levels of hardscape
improvements, landscaping improvements and irrigation system additions. The contract
will be administered by the City of Delray Beach. Mr. William Grieve, PE, Assistant City
Engineer, will be the prime contact at the City of Delray Beach for this contract. These
various improvements, within the Right of Way of NW/SW 5th Avenue do not include the
addition of any medians or reconfiguration of any of the through travel lanes. Some of the
hardscape improvements may include the addition of landscaping nodes and minor
DFB/981040007/SET561.DOC
drainage modifications within the parking lanes, subject to available right of way widths
and off street and alleyway parking capacities.
Scope of Services
Task I - Concept Plan and Survey Preparation
If the Concept Plan & Survey Task is authorized, the following requirements shall
apply.
1. The CONSULTANT shall consult with the CITY to clarify and define the CITY'S
requirements for the Project and review available data.
2. The CONSULTANT shall work with the City appointed Artist in all Tasks of design
of this project.
The CONSULTANT shall prepare base surveys of the area along NW and SW 5th
Avenue from SW 1st Street to NW 2na Street, and along SW 1s'r Street between SW
4th and SW 5th Avenues. Surveys are to include entire MLK CNW 2nd Street)
intersection, all four sides of NW l~t Street, and the entire SW 1st Street intersections
at both SW 4th Avenue and SW 5th Avenue. Generally the East and West boundaries
of the survey work will be the mid-block alleys on either side of 5th Avenue. Survey
data to be collected is to include full pavement cross sections of 5th Avenue,
including existing sidewalks and trees and adjacent improvements up to 25 feet in
back of the ROW when there is no building adjacent to the ROW, and cross sections
along mid-block alley ways. Surveys will also establish appropriate ROW limits in
the area, including alleyways. Existing utility data (water valves, fire hydrants,
sanitary sewer manholes, storm sewer manholes, electrical pull boxes, overhead
power poles) will be identified. Data to include pipe invert elevations and
topographic elevations as appropriate. Tree locations and diameter breast height
(DBH) data will be included. Cross Sections will be at 100 foot intervals in street
and alleyways. State Plane Coordinate System references will be included in the
surveys.
4. The CONSULTANT shall advise the CITY as to the necessity of the CITY'S
providing or obtaining from others, data or services.
The CONSULTANT shall attend the following meetings: A City of Delray Beach
and CRA staff review meeting, and a meeting with appropriate consultant and CRA
staff regarding the proposed cultural loop. Also, four neighborhood review meetings
will be held during the concept plan Task to obtain neighborhood input and
comments on the proposed street beautification. Consultant, along with City
appointed artist, will also present the complete concept plan to the City Commission
at a regular commission meeting.
The CONSULTANT shall identify and analyze permit and approval requirements of
all governmental authorities having jurisdiction to approve either the design of the
Project and participate in consultations with such authorities.
7. The CONSULTANT shall provide analyses of the CITY'S needs, planning surveys,
site evaluations and comparative studies of prospective sites and solutions. On street
DFB/981040007/SET561 .DOC
2
and off street parking areas will be identified within the six block area of the
improvements. Off street parking lots and alley way access routes to parking areas,
if approptiate, will be identified and conceptual plans will be prepared.
The CONSULTANT shall provide a general estimate of construction costs based on
Owner's requirements applicable to various alternatives.
The CONSULTANT shall prepare a Letter Report containing schematic layouts,
sketches and conceptual design criteria with appropriate exhibits to indicate clearly
the considerations involved (including applicable requirements of governmental
authorities having jurisdiction as aforesaid) and the alternative solutions available to
the CITY and setting forth CONSULTANT'S findings and recommendations. This
Report will be accompanied by CONSULTANT'S predesign estimate of probable
costs for the Project, including, but not limited to the following, which will be
separately itemized: Construction Cost, allowance for engineering costs and
contingencies allowances for such other items, such as charges of all other
professionals and consultants, for the cost of land and rights-of-way, for
compensation for or damages to properties, and for permit, review and/or approval
fees by other governmental agencies, if required. The CONSULTANT shall also
provide a preliminary evaluation of the City's Project Schedule. The City's Project
Schedule and probable construction costs shall be evaluated and updated throughout
subsequent Tasks of the work.
10. The CONSULTANT shall furnish five (5) copies of the Study and Report
documents as provided in the SERVICE AUTHORIZATION and review
them with the CITY.
Task 2 - Preliminary Design Task (50% Construction Documents)
If the Preliminary Design Task is authorized, the following requirements will apply:
1. The CONSULTANT, in consultation with the CITY and City appointed
artist, shall confirm the general scope, extent and character of the Project
prior to proceeding with preliminary design document preparation.
2. Prepare Preliminary Design documents consisting of final design criteria,
preliminary drawings (see attached spread sheet for listing of Construction
Plans), outline specifications and written descriptions of the Project. Design
is to include coordination with all utilities, including FPL, Bell South and
CATV facilities.
3. Consultant shall attend one public review/coordination meeting during this
Task of the project to obtain comments on the proposed details of the 3-
block beautification program. One review meeting will be held with City
and CRA Staff for the review of the 50% Design Development Task
Construction Documents. Also, one meeting will be held with the City
appointed artist regarding comments on the 50% design documents with
respect to conceptual art piece locations and details of the pieces proposed.
DFB~J81040007/SET561.DOC
3
4. Advise the CITY if additional data or services are necessary and assist the
CITY in obtaining such data and services.
Furnish five (5) copies of the above Preliminary Design documents as
contained within the SERVICE AUTHORIZATION and present and review
them with the CITY.
The CONSULTANT shall submit to the CITY a preliminary estimate of
construction costs based on current area, volume or other unit costs, which
shall be updated throughout the design development Task.
The CONSULTANT shall prepare a development schedule, which shall
include, but shall not be limited to, the review and approval times by all
governmental agencies as may be required.
The CONSULTANT shall make available design calculations and associated
Data, and participate in meeffngs in which Value Engineering Analysis of
the project takes place, at such times and places as shall be determined by
the CITY.
Task 3 - Final Design Task (100% Construction Documents and Permit Applications)
If the Final Design Task is authorized, the following requirements shall apply:
The CONSULTANT shall prepare construction documents (CD's) which shall
include but not be limited to drawings and technical specifications, general and
supplementary conditions, bid forms, invitations to bid, instructions to
bidders, with technical criteria, descriptions and design data necessary for
permitting by governmental authorities, and shall include any further
adjustments in the scope or quality of the project or in the construction budget
authorized by the City. CD's will include design and details for underground
placement of FPL facilities and adjustments to other utilities within the
NW/SW 5m Avenue three block project area.
The CONSULTANT will prepare final details of the foundations and site plans
for the proposed art pieces as sketched by the City appointed artist in the
conceptual Task and design development Task of the project plans.
The CONSULTANT shall, in the preparation of construction documents,
technical criteria, written descriptions and design data, take into account all
current/y prevailing codes and regulations governing construction in the City
of Delray Beach, Florida, and shall meet the requirements of all other agencies
or governmental authorities having jurisdiction over the project.
The CONSULTANT shall prepare a detailed opinion of probable, which shall
be reviewed by the CITY prior to going out for bids.
{)FB/~81040007/SET561.DOC
4
The CONSULTANT shall provide the required documents and attend up to
three (3) meetings for the approval of governmental boards, agencies or
authorities having jurisdiction over the project.
The CONSULTANT shall use bid documents provided by the CITY including
bidding forms, conditions of the contract, and form of AGREEMENT between
the CITY and CONTRACTOR.
The CONSULTANT shall prepare all documents including design and plan
revisions required for the approval of governmental authorities having
jurisdiction over the project. Said approvals are required prior to the public
notice for the Invitation to Bid and submission of applications, therefore are the
responsibility of the CONSULTANT.
The CONSULTANT shall provide the CITY with one complete set of the
contract documents as specified in the service authorization, which will also
include one original and one electronic file ( AUTOCAD 2000 & WORD) of
construction documents.
Task 4- Bidding/Negotiation Task
If the biddIng Task is authorized, the following requirements shall apply:
1. The CONSULTANT shall assist the CITY in obtaining the bids or negotiated
proposals, assist in awarding and preparing contracts for construction, attend
pre-bid conferences, prepare addenda, provide written recommendation of
award, assist in the compilation/preparation of contract documents, and after
the award assist the CITY in reviewing the contractor supplied bonds and
certificates of insurance, and in the review of the contract documents for
completeness.
The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets
and assist the CITY in evaluating Bids or proposals and in assemblIng and
awarding contracts for construction, materials, equipment and services.
The CONSULTANT shall issue addenda as appropriate to interpret, clarify or
expand the Bidding Documents.
The CONSULTANT shall consult with and advise the CITY as to the
acceptability of subcontractors, suppliers and other persons and organizations
proposed by the prime contractor(s) (herein called CONTRACTOR(S)) for
those portions of the work as to which such acceptability is required by the
Bidding Documents.
5
Consult with the CITY concerning and determIne the acceptability of substitute
materials and equipment prior to the award of contracts as allowed by the
Bidding Documents.
DFB/981040007/SET561.DOC
5
Task 5 - Utility Replacements (Water Distribution)
1. The CONSULTANT shall prepare construction documents (CD's) which shall
include, but not be limited to, drawings and technical specifications, with
technical criteria, descriptions and design data necessary for permitting by
governmental authorities, completely compatible with and incorporated into the
CD's prepared under Task 3, above. These CD's shall include any further
adjustments in the scope or quality of the project or in the construction budget
authorized by the City. CD's will include design and details for underground
water line replacement of the existing water lien between SW 5th and SW 4·
Avenues, including through both intersections with a new 6 inch diameter water
main and appurtenances. A future connection to the proposed water line on the
east end of the area will be made later by separate City project.
The CONSULTANT shall provide the CITY with one complete set of the contract
documents as specified in the service authorization, which will also include one
original and one electronic file AUTOCAD 2000 & WORD) of consf:ruction
documents.
Task 6 - Construction Phase Services
This Task is not a part of this service authorization.
Phase services will be handled by the CITY.
Any required Construction
Task 7 - Additional Services
If Additional Services under this Task are authorized, the following requirements
shall apply:
1. Additional Services shall be authorized in writing by the CITY as required,
and will not exceed the allocation of each authorization by CONSULTANT.
Deliverables
The following deliverables will be included as part of this authorization:
Task Final Deliverable
Task 1 - The CONSULTANT shall furnish five (5) copies of the Study and
Report documents as provided in the SERVICE AUTHORIZATION
and review them with the CITY.
Task 2 - Furnish five (5) copies of the Preliminary Design documents as
cor~tained within the SERVICE AUTHORIZATION and present and
rewew them with the CITY.
Task 3 - The CONSULTANT shall provide the CiTY with one complete set of
the 100% complete contract documents as specified in the SERVICE
AUTHORIZATION which will also include one original and one
electronic file (AUTOCAD 2000 & WORD) of the construction
DFB/981040007/SE?561,DOC
6
! documents.
Task 4 - The CONSULTANT shall provide the CITY with a written
recommendation of award letter, assist the compilation/preparation of
contract documents, and after the award, assist the CITY in reviewing
the Contractor supplied bonds and Certificates of Insurance.
Task 5 - The CONSULTANT shall provide the CITY with one complete set of
the 100% complete contract documents incorporated into the
deliverables from Task 3, above, as specified in the SERVICE
AUTHORIZATION, which will also include one original and one
electronic file (AUTOCAD 2000 & WORD) of the construction
documents.
Schedule
CH2M HILL will commence work on the Scope of Services described herein upon receipt of
a fully executed copy of this Specific Authorization from the City, which will serve as the
notice to proceed.
The completion of the scope of services for the preparation of construction documents for
the SW/NW 5t~ Avenue Beautification Project (City Project 2003-03~_ is anticipated to
require 308 calendar days. Based on anticipated Notice to Proceed of May 28, 2003, services
would be completed no later than March 31, 2004.
Task Time of Completion (June 2003 to March 2004)
Start Finish
Task 1 - June 2003 September 2003
Task 2 - September 2003 November 2003
Tasks 3 & 5 November 2003 January 2004
Task 4 - February 2004 March 2004
DFB/98104~007/SET561.DOC
7
Assumptions
This scope of services was based on the following assumptions:
· CITY shall be responsible for paying all permit fees.
· CITY shall be responsible to provide to CH2M HILL electronically any available base
data and mapping for the areas within the project limits.
All of the improvements will be designed, bid and constructed in a single contract
utilizing a single complete set of construction documents (CD's). Deliverables will be a
set of Mylar Reproducibles of the construction plans, an electronic file of the drawings in
AutoCAD 2000 format, one original hard copy and one electronic file of the construction
contract, bidding information, and technical specifications (WORD format). The City of
Delray Beach is to provide a current deed for each of the lots in the six (6) block area
adjacent to NW/SW 5th Avenue, from SW 1st street to NW 2nd street. The following:
Town of Delray Beach, Block 19 (1-3)
Town of Delray Beach, Block 20 (1-3)
Town of Delray Beach, Block 21 (1-3)
Town of Delray Beach, Block 27 (I-3)
Town of Delray Beach, Block 28 (1-3)
Town of Delray Beach, Block 29 (1-3)
Replat of Block 19 (Melvin S. Burd. (11-73))
Replat of Block 27 (21-43)
Mt. Olive Baptist Church (69-20)
Re-subdivision of Blocks 29 & 37 (9-66)
Compensation to the CONSULTANT
Compensation for professional consulting engineering services as described herein is
estimated at $ . Compensation for services shall be lump sum in accordance
with the AGREEMENT. Exhibit A attached presents a breakdown of the estimated labor
and expense charges per the Agreement.
This service authorization is approved contingent upon the City's acceptance of and
satisfaction with the completion of the services rendered in the previous phase or as
encompassed by the previous service authorization. If the City in its sole discretion is
unsatisfied with the services provided in the previous phase or service authorization, the
City may terminate the contract without incurring any further liability. The CONSULTANT
may not commence work on any service authorization approved by the City to be included
as part of the contract without a further notice to proceed.
DFB/981040007/SET$61.DOC
8
Approved by:
CITY OF DELRAY BEACH:
Date:
David T. Harden
City Manager
Attest:
Approved as to Legal Sufficiency and Form
CH2M HILL, INC. (Corporate Seal)
James Dyak (date)
Vice President and Area Manager
Witness
Witness
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was
acknowledged before me this th day of
April, 2003, by James Dyak, Vice President
and Area Manager, CH2M HILL HILL, Inc.,
a Florida corporation, on behalf of the
corporation. He is personally known to me
and (did/did not) take an oath.
Dorothy Gumm
Notary Public
State of Florida
(Seal)
DFB/9810400071SET561.DOC
9
ATLANTIC
AVE
-1
UE
ST.
NW/SW 5TH AVE FROM
SW 1ST ST. TO NW 2ND ST.
2003-037
lofl
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER 5
AGENDA ITEM # ~ - REGULAR MI~.~TING OF MAY 20. 2003
GRANT APPLICATION TO CI4Ii.r~REN, S SERVICES COUNCII.
DATE: MAY 16, 2003
Staff is requesting authorization to submit a grant application to the Children's Services Council (CSC) for
funding in the approximate amount of $275,215.00 in support of our out of school program, day camps
and summer camp program.
Services are provided to 300 children at three (3) sites during the school year, approximately 50-55 children
in our 8 day camps (Holiday Camp, Spring FLing, One Day camps), and an additional 330 children as part
of our summer camp program.
I recommend that staff be authorized to submit the grant application.
S:\City Clerk\chevelle folder\agenda memos\children's services.05.20.03
£1T¥ OF DELRI1¥ BEFIEH
DEL~AY 8~ACH
Ail-America Ci~
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444, 561/243-7000
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
David Harden
City Manager
Joe Weldon
Director of Parks and Recreation
Children's Services Council
May 14, 2003
The Parks and Recreation Department has completed its budget for the
sixth year of funding from the Children's Services Council for our Out of
School Program. We will enroll 300 children at three (3) sites during
the school year, with CSC funding the actual attendance which is
anticipated to be approximately 250 children. The Out of School Program
will consist of an After School Program, Holiday Camp, Spring Fling, One
Day Camps, and 9 weeks of Summer Camp. CSC funding will amount to
approximately $275,215. We are submitting for your review the agency
certification requirement with the attached agenda request.
Please place this on the May 20, 2003 agenda for City Commission
consideration.
Director of Parks and Recreation
Attachment
cc: Chevelle Nubin, Agenda Coordinator
Alberta Gaum-Rickard, Budget Technician
JW:cp
Ref:dhcsc03
THE EFFORT ALWAYS MATTERS
AGENCY:
2003-04 CSC PROGRAM APPLICATION
EXPLANATION OF 2003-04 PROJECTED BASE BUDGET AMOUNT
104 City of Delray Beach
PROGRAM:
Out of School Enrichment
2001-2002
PROGRAM
EXPENDITURES
$124,141
Represents your program's actual full-year expenditure of
CSC funds from 2001-02
CAPITAL
+
ANNUALIZATION
ADJUSTMENTS
SUBTOTAL
X
2-YEAR TREND
$5OO
$0
$135,996
$259,637
1.060
Capital expenditures are considered one-time costs and are
subtracted from the base program budget needed for 2003-04.
The additional funding needed to fund for a full year that part of
your program that was phased-in during 2001-02.
Program-specific adjustments that are required in order to
accurately reflect your base program need.
A two-year inflation factor is applied to your budget to
determine the 2003-04 base program funding need.
2003-04 CSC
PROJECTED
BASE BUDGET
AMOUNT
$275,215
Your 2003-04 application for CSC funds must not exceed
this amount.
2003-04 BaseCalc2 104
Ch'ldren s Serv ccs Council of Palm Beach County
_2003-2004 Base Program Application
AGENCY CERTIFICATION
In submitting this application to CSC
certifies that:
City of Delray Beach Parks and Recreation
(Agency Name)
1. The agency board of directors has approved this application at a meeting on
(Date)
If approval is pending at the time of submission, please check here.
2. All agency decisions regarding recruitment, hiring, promotions, release, and conditions of
employment will be made without regard to consideration of race, creed, religion, gender,
country of national origin, age, physical or mental handicap, marital status, sexual orientation or
any other factor which cannot lawfully be used as a basis for an employment decision;
3. The agency agrees to negotiate, if deemed necessmy, with CSC to refine service levels,
procedures, outcomes, budget, and any other relevant matter for incorporation into a contract;
4. The applicant agency does not intend by this application to replace existing funding resources
with CSC funds;
The agency budget, submitted separately through the SAMIS system, but considered a part of this
application, is a reasonable estimate of the anticipated revenues and expenditures for the
activities proposed;
6. In accordance with the 2001-2002 CSC contract, the applicant agency will submit, within 180
days of the completion of the applicant's 2001-2002 fiscal year, a GAO Standard Financial and
Compliance Audit;
7. The applicant agency maintains governmental or 501c(3), (4), (6), (7) or (10) tax exemption
status;
Any of the following documents are available and upon request by CSC will be produced by the
applicant agency within five (5) working days, but do not need to be submitted with this
proposal:
a. Articles of Incorporation
b. Agency Bylaws
c. Personnel Policies and Procedures
d. Job Descriptions for all CSC funded positions
e. Certificates of insurance and bonding
f. Licenses to operate Agency/Program
F:\WORD~2003-2004 Funding Process\ Base Application\ Instructions & Forms. DOC
Children's Semices Council of Palm Beach County
2003-2004 Base Program Application
9. NO litigation is threatened or pending which could impair the applicant agency's ability to fulfill
the provisions of this application; and
10. NO adverse action is pending or threatened by any regulatory, licensing, or oversight agency
which could impair the applicant agency's ability to fulfill the provisions of this application.
If any of the above documents are not available or any of these statements cannot be made, please
explain below:
OFFICIALS AUTHORIZED TO SIGN AND BIND AGENCY TO APPLICATION:
(Authorized officials recognized by CSC are the Board Chair or President and Executive Director.)
Signature of Chair or President
David T. Harden, City w~nager
Print Name
Date:
ature of Executive Director
Joseph Weldon, Director of Parks & Recreation Date: ~//~[~
Print Name '
F:\WORD~2003-2004 Funding Process\ Base ApplicationX Instructions & Forms. DOC
BUDGET SUMMARY FORM
2003-2004 BaSe Application
Agency Funded
Agency Name: Delray Beach Parks and Recreation by CSC Since:
Program Funded
Program Name: Out of School Enrichment Program byCSC Since:
Total Clients (Program)
Select I Capacity Children 3o0 Families
Employees Funded by CSC (FTE)
2002-2003 2003-2004 $ %
BUDGET BUDGET CHANGE CHANGE
PROGRAM
CS.__~uC F nds ~ ~ ~ ~
~ramaudget _$ 307,608 ]$ 585,07'-----'---~$ 277,467 47.5
CSC % of Program Budget ~ 47.1-'--"-"~/o ~
AGENCY ~ ~ ~
Total Agency Budget $6,300,000 $6~560~000 $ 260,000 4.0 %
Total CSC Funds (Agency) $ 130~328 ~ 275,215 $ 144,887 52.7 %
CSC Cost per Client $
(Capacity, Children, Family)
ctions
I Complete agency and program name and indicate date when CSC first funded each.
2 Give number of clients to be served by the CSC funded program by selecting only one of either
capacity or children or families.
3 Complete FTE's funded by CSC by adding percent of funded positions (whole or part). Note: 100% = 1 FTE
4 Complete other fiscal information for your program and agency giving comparison with previous year.
dollar change and percentage change.
5 Leave section "For C$C Use Only'' blank
m Z
z
>, E
[lTV OF DELRRV BERTH
MAY 8 - 2003
FIRE RESCUE DEPARTMENT ,
· _ ~= STBEJ~M HIGHLAND BEACH
DELRAY BEACH
Ali-America City
1993 TO: David T. Harden, City Manager
2001
FROM: Kerry B. Koen, Fire Chief
DATE: April 30, 2003
SUBJECT: Senior Aides Program
The Fire Department met with a representative from Palm Beach County regarding
participating as a host agency in the Senior AIDES Training and Employment Program through
Senior Service America. As a host agency we agree to provide a work site for each senior aide,
day to day direct supervision and instruction, furnish any equipment and supplies necessary to
complete assigned tasks. The host agency receives a Senior Aide who is capable of working part-
time 20 hours per week for up to two year period of time for each aide at no cost to the City. All
expenses including salary are provided through a yearly grant program awarded to Palm Beach
County. This program will benefit all involved as it will provide the City with part-time
employees and provide retired professional with the opportunity to update their skills allowing
them to obtain full time employment in the future. In addition this program is available to other
City departments who could use this valuable resource.
I requested that the City Attorney's office review the contract from Senior Service
America. This request was handled by Brian Shutt, Assistant City Attorney who reviewed the
contract and stated that it was a standard contract and suggested that we submit it to you as well
as place it on the City Commission Agenda for approval. Attached you will find a copy of the
program and a contract as well as an agenda request. The Fire Department recommends entering
into this Senior AIDES Training and Employment Program.
Thank you for your consideration in this request and if you need any additional
information please do not hesitate to contact me.
Kerry B. Koen
Fire Chief
KBK/tw
Attachments
FIRE RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE ,, DELRAY BEACH, FLORIDA 33444
/561~ 243-7400 · FAX 1516) 243 7461
HOST AGENCY AGREEMENT
.~ ~emor AIDES Training and Employment Program ll'~i]
Thank you for participating as a Host Agency for the Palm Beach County Board of County Commissioners'
Senior AIDES Training and Employment Program, a sub-grantee of Senior Service America, lac., (SSAI).
The Palm Beach County Board of County Commissioners' Senior AIDES Training and Employment
Program is specifically designed to facilitate employment opportunities; encourage, and empower low-income
individuals age 55 and older. Program enrollees receive training in community based organizations (faith-
based, federal/state/local government) while providing much needed direct services to their communities as
they meet the demands of today's workforee.
To comply with the requirements of the Senior Service America, Inc., (SSAI), Senior AIDES Program,
operated under Title V of the Older Americans Act, this agreement is voluntarily entered into by,
hereinafter referred to as the Host Agency, and
Palm Beach County Board of County Commissioners
Community Services
Senior AIDES Training and Employment Program
a subcontractor of the Senior Service America Inc., Senior AIDES Program, hereinafter referred to as the
Sponsor Agency.
The Host Agency agrees to provide a safe and healthful work site for each Senior Aide, adequate orientation,
day to day direct supervision, instruction, furnish any tools, equipment, supplies, and safety training, and any
other training necessary to perform assigned job duties in accordance with written job description as
opportunities occur, and, to the extent possible, to treat each Senior Aide as a regular member of the Host
Agency Staff. Promptly notify Sponsor Agency of any change in a participant's designated supervisor. Host
Agency will develop and provide a copy of the training assignment description for each participant assigned as
well as report any changes in participant training, duties, or responsibilities to the Sponsor Agency
immediately.
The Host Agency will report all on-the-assignment accidents by calling Sponsor Agency at (561) 355-4783
within 24 hours, completing an accident/incident investigation report, faxing report to (561) 355-4903, and
providing requested follow-up. ~
The Host Agency will assume full responsibility for investigating the participant's background and pay
any associated cost. The Sponsor Agency does not conduct criminal background checks on participants.
The Host Agency agrees to consider each Senior Aide for regular employment either full-time or part-time,
when vacancies occur in the Host Agency staff or when new positions are created. The Host Agency will also
recommend suitable training for subsidized placement of the Senior Aide.
1 of 3
The Host Agency understands that the maximum length of time that a Senior Aide may remain in the same
job assignment shall not exceed a total of 24 months, except under limited circumstances which will be
determined by the SSAI Senior AIDES Program. Moreover, the Host Agency understands that the Sponsor
Agency reserves the right, following reasonable notice, to reassign any Senior Aide at any time that
reassignment will increase the Senior Aide's opportunities for training or subsidized employment, or will
otherwise service the best interests of the Senior Aide, or will better support the goals and objectives of the
Senior AIDES Program.
The Host Agency agrees that no other national Title V project sponsor will be provided a work site while this
agreement is in effect.
The Host Agency agrees to abide by the hours and work schedules mutually agreed to for each Senior Aide
and to provide properly prepared time sheets, periodic performance evaluations, and other required
documents. Host Agency will establish and maintain a written schedule for each participant and make the
schedule available to Sponsor Agency upon request. In addition, the Host Agency agrees and understands
that each Senior Aide will be required to attend periodic Senio~ AIDES Project meetings during regular
working hours.
The Host Agency agrees that the job to which the Senior Aide is assigned is an increase in employment
opportunities; will not result in the displacement of currently employed workers or in a reduction in non-
overtime hours of work, wages, or benefits; will not impair any existing contract for service or result in the
substitution of the wages of the Senior Aide for other funds in connection with work which otherwise would
be performed; will not be a substitution for any existing federally assisted job; and will not be a position which
is the same as or substantially the same as that occupied by any other person who is on lay-off. Further, the
Host Agency agrees that it will not discriminate against a Senior Aide on the grounds of race, color, religion,
sex, national origin, or disability.
The Host Agency agrees to send a representative to a group meeting of the host agency supervisors. Group
meetings of the host agency supervisors or designated representatives will be held annually to acquaint ail
concerned with the Senior AIDES Project goals and objectives.
The Host Agency agrees to provide documentation of in-kind contributions, if specified in an accompanying
letter of agreement. Further, it is understood by the Host Agency and the Sponsor Agency that any
contribution, whether cash or in-kind, by the Host Agency is purely voluntary and is not a condition for the
assignment of any Senior Aide.
The Host Agency certifies by this agreement that it is a governmental agency or is a non-profit agency which is
currently certified as a Section 501(c) (3) organization under the Internal Revenue Code. Further, if the Host
Agency is certified as a Section 501(c)(3) agency, a copy of that certification is attached or is on file with the
Sponsor Agency and is still in effect. The Host Agency agrees to inform the Sponsor Agency immediately if
the Section 501(c)(3) certification is changed.
The Sponsor Agency agrees to recruit, enroll, and assign a Senior Aide to the Host Agency for the purpose of
engaging in productive community service employment with duties and tasks as specified in a written job
description.
The Sponsor Agency agrees to be responsible for all administrative and fiscal controls of the Senior AIDES
Project and for paying the wages and providing fringe benefits to each Senior Aide.
This Agreement may be amended by written mutual agreement.
2 of 3
This agreement is in effect from
to
Project Sponsor:
July 1, 2003
June 30, 2004
Si~,ned By Senior AIDES Proiect
Palm Beach County Board of County Commissioners
Community Services/Division of Senior Services
Senior AIDES Training and Employment Program (SATEP)
810 Datura Street, Suite 150, WPB FL 33401
E-Mail Address: _v. sernayu~co.palm-beach.fl.us
Vianey Serna-Yurkovich, Project Director
Name of Designee & Signature: Edward Rich:
(Community Services Director)
Date: May 1, 2003
Signed By the Host Agency
Host Agency Representative has received orientatiOn and the Policy and Procedures Manual which contains
information about the Senior AIDES Program guidelines. The Host Agency understands that it is the
representative's and/or program enrollee supervisor's responsibility to become thoroughly acquainted with
the guidelines and abide by them.
Host Agency's Name:
Host Agency's Address:
City:
Host Agency Representative's
Name (Print):.
State: Florida ZipCode:
Title:
Host Agency's Representative's Signature:
Phone Number:. Fax Number:
TYPE OF HOST AGENCY
.Date:_
E-mail address:
[] Federal Government [] State/Local Government [~Private, non-profit 501 (c) (3) organization
[] Copy of IRS Determination Letter attached
_Return Original Documents to:
Senior AIDES Training and Employment Program
810 Datura Street, Suite 150
West Palm Beach, Florida 33401
Attn: Vianey Serna-Yurkovich
3 Of 3
Palm Beach County
Senior AIDE Training Assignment Description
(Attach your Agency's Job Description in lieu of this form with Host Agency Agreement)
I. TRAINING POSITION TITLE:
2. HOST AGENCY:
3. ADDRESS OF TRAINING LOCATION(S):,
4. HOURS: (Regular scheduled da ~s and hours of Senior AIDE'S trai: '
WORK DAVY TIME IN TIME OUT INDICATE IF LOCATION VARIES
Monday
Tuesday
Wednesday
Thursday
Friday
5. TRAINING SITE SUPERVISOR(S):,
SUPERVISOR'S TITLE: E-MAIL:
OFFICE PHONE NUMBER: FAX NUMBER:
6. DUTIES AND RESPONSIBILITIES OF THE TRAINING POSITION:
General Duties and Responsibilities:
Specific Duties and Responsibilities:
7. REQUIREMENTS: (Any particular skills, experience or training required for the assignment).
8. TRAINING PROVIDED BY HOST AGENCY: (On-the-assignment training or other training
necessary to perform assigned duties):
9. RATE OF PAY: Prevailing Federal Florida Minimum Wage.
CITY OF DELRI:IV BEFICH
DELRAy BEACH
AII-Amariea City
1993
2001
TO:
FROM:
MEMORANDUM
David T. Harden
City Manager
~l~ert A. Barcinski
Assistant City Manager
DATE:
SUBJECT:
May 13, 2003
AGENDA ITEM~'- CITY COMMISSION MEETING MAY 20~ 2003
APPROVAL AMENDMENT #1 CONSULTING AGREEMENT
SUPERLATIVE AND AMENDMENT NO. 1 TO THE AGREEMENT
WITH COCA-COLA ENTERPRISE
ACTION
City Commission is requested to approve Amendment #l to the Consulting Agreement between
the City and the Superlative Group dated May 6, 2002 to extend the contract for ninety (90) days
and Amendment #1 with Coca-Cola Enterprises dated July 12, 2000 to extend the Agreement
ninety (90) days.
BA CK GR 0 UND
At the Commission meeting on March 18, 2003 Commission voted to extend the contract for
Naming Rights with the Superlative Group which expired March 31, 2003. Thc proposed
Amendment formalizes this action.
Based on this extension we also need to extend our Agreement with Coca-Cola Enterprises Inc.
which expired May 2, 2003.
Copies of both Amendments are attached and have been approved by the City Attorney.
RECOMMENDATION
Staff recommends approval of Amendment #1 to the Agreement between the City and the
Superlative Group, Inc. and Amendment #I between the City and Coca-Cola Enterprises, Inc.
RAB/tas
File:u,'s~eeney/agenda
Doc:Superlative and Coca Cola
561/243-7000
EFFORT AL~VA o MATTEF~S
AMENDMENT NO. 1 TO THE CONSULTING AGREEMENT
FOR NAMING RIGHTS OF THE
CITY OF DELRAY BEACH TENNIS CENTER
THIS AMENDMENT NO. 1 to the Agreement dated May 6, 2002, is made this
day of , 2003 by and between THE SUPERLATIVE GROUP,
INC. 2706 Franklin Blvd., Cleveland, OH 44113 (Superlative) and the CITY OF
DELRAY BEACH, FLORIDA, a Florida municipal corporation (City).
RECITALS
WHEREAS, City engaged Superlative to procure a sponsor/advertiser for
naming rights in connection with the Delray Beach Tennis Center by an Agreement
dated May 6, 2002; and
WHEREAS, the Agreement shall terminate on Mamh 31, 2003; and
WHEREAS, City and Superlative agree to extend the term of this Agreement for
a period of 90 days.
NOW THEREFORE, based upon the following promises, terms and conditions,
the sufficiency of which consideration is hereby mutually acknowledged by the parties,
the parties do hereby agree as follows:
The above recitals are hereby incorporated in this Agreement.
Paragraph 4(a) of the Agreement is hereby amended as follows:
This Agreement shall terminate on June 29, 2003.
3. All other terms and conditions of the Agreement dated May 6, 2002 shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on
the day and year first above written.
ATTEST:
By:
City Clerk
App~.~.~s to legal su/.~ency:
~C'ity Attorney ' ~
WITNESSES:
(Print or Type Name)
(Print or Type Name)
CITY OF DELRAY BEACH, FLORIDA
By:.
Jeff Perlman, Mayor
(SEAL)
STATE OF ~-,, ~
COUNTY OF
The foregoing instrument w~as acknowledged before me this
/~,~-- , 2003, by ~-~, o~,~,~.~ ~-,-
(name of officer or agent, title of officer
~ ~ ~ ~- ~ (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known/~ me or has produced
(type of identification~ i ntific ' .
~a~ ~ublic - State of
/--z-~.,¢ day of
, as
or agent), of
(,.~.MELO DELGADO, JR., Notary Public
State of Ohio
Commission Expires May 27, 2004.
2
AMENDMENT NO. 1 TO THE AGREEMENT
WITH COCA-COLA ENTERPRISES~ INC.
THIS AMENDMENT NO. 1 to the Agreement dated July 12, 2000, is made this
__ day of ,2003 by and between COCA-COLA ENTERPRISES,
INC., d/b/a FLORIDA COCA-COLA BOTTLING COMPANY (Coca-Cola) and the CITY
OF DELRAY BEACH, FLORIDA, a Florida municipal corporation (City).
RECITALS
WHEREAS, City and Coca-Cola entered into an Agreement dated July 12, 2000
for soft drink vending services; and
WHEREAS, the Agreement shall terminate on May 2, 2003; and
WHEREAS, City and Coca-Cola agree to extend the term of this Agreement for
a period of 90 days.
NOW THEREFORE, based upon the following promises, terms and conditions,
the sufficiency of which consideration is hereby mutually acknowledged by the parties,
the parties do hereby agree as follows:
1. The above recitals are hereby incorporated in this Agreement.
2. Paragraph 2 of the Agreement is hereby amended as follows:
2. The term of this contract shall commence upon execution by both
parties and extend until July 31,2003.
3. All other terms and conditions of the Agreement dated July 12, 2000 shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on
the day and year first above written.
ATTEST:
By:
City Clerk
Aped _as t° legal suffic/~Y: ,¢
(-City Attorney
WITNESSES:
(Print or Type Name)
(Print or Type Name)
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
coct o .% ,s s. ,.c.
By: ~
(SEAL)
STATE OF
COUNTY OF
The foregoing
corporation.
instrument was acknowledged before me this __
, 2003, by
day of
~, as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
He/She is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # '~Q3[.--- - REGULAR MEETING OF MAY 20. 2003
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: MAY 16, 2003
Attached is the Report of Appealable Land Use Items for the period May 5, 2003 through May 16,
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:\City Clerk\chevelle £older\agenda memos\apagmenxS.20.03
TO: DAVID"r'~ HARDEN, CITY MANAGER
THRU: PAUL DORLING, DII~:~TOR OF PLANNING AND ZONING
FROM: //,~S M'~'~L L ~AN N E R ··
SUBJECT: r MEETING OF MAY 20, 2003 CONSENT AGENDA
REPORT OF APPEALABLE LAND USE ITEMS MAY 5, 2003 THRU
MAY 16, 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 May 5, 2003 through May 16,
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.
No Regular Meeting of the Planning and Zoning Board was held during this period.
A. Approved (7 to 0), a request for a flat wall sign for Cottman Transmission, located
at the northwest corner of Linton Boulevard and the FEC Railroad (1 Linton
Boulevard).
B. Approved (7 to 0), a request for a color change for Palm Trail Plaza, an existing
commercial building located at the northwest corner of Palm Trail and George Bush
Boulevard (800 Palm Trail).
City Commission Documentation
Appealable Items Meeting of May 20, 2003
Page 2
C. Tabled (7 to 0), a request for a color change for Southridge Village Condominium,
an existing multiple family development located at the northwest corner of SW 8th
Avenue and Linton Boulevard (15931 SW 8th Avenue). The Board requested that
the applicant provide an additional color to the color scheme.
D. Approved (7 to 0), a request for a color change for Global Importing (fka Costco),
an existin~ commercial building located at the southwest corner of Linton Boulevard
and SW 4"' Avenue (500 Linton Boulevard).
E. Tabled (7 to 0), a Class I site plan modification associated with the installation of a
canopy for the Decorating Center, located on the east side of NE 6th Avenue
(northbound Federal Highway), north of NE 5th Street (541 NE 6th Avenue). The
Board tabled the item as they felt that the awning did not match the building.
F. Approved (7 to 0), a Class I site plan modification associated with elevation changes
for the previously approved two-story addition for Beluga Wine Bar & Restaurant,
located at the northwest corner of SE 2nd Avenue and SE 1st Street (44 SE 2nd
Avenue).
G. Approved (7 to 0), a landscape waiver associated with a Class I site plan
modification for Target, located at the southwest corner of Linton Boulevard and
SW 10th Avenue (1200 Linton Boulevard).
H. Approved (6 to 0, Mark Gregory stepped down), a Class I site plan modification
associated with elevation changes for an existing commercial building, for Atlantic
Antique Mall, located at the southeast corner of SE 5th Avenue (southbound
Federal Highway) and East Atlantic Avenue (504 East Atlantic Avenue).
Approved (5 to 0, Nancy Stewart and Dan Carter stepped down), a Class V site
plan, landscape plan and architectural elevations associated with the construction of
a new mixed-use development containing 63 loft style residential condominiums and
5,315 square feet of retail uses to be known as Ocean City Lofts, located on the
east and west sides of NE 4th Avenue, south of NE 2nd Street.
Concurrently, the Board approved the following waivers:
Reduced the site visibility corner at the intersection of NE 4th Avenue and NE 2nd
Street; Railroad Street and NE 4th Avenue; and, the north/south alley and NE 2nd
Street from 40' to 25', 20' and 20' respectively; and from 20' at the various
driveways to a range of 10' to 18'.
· Reduced the stacking distances at two driveways from 50' to 10'3" and 24'4".
Approved (6 to 0, Mayer Abbo stepped down), a Class V site plan, landscape plan
and architectural elevations associated with the construction of sixteen (16) three-
story fee simple townhomes to be known as Hamilton Place, located at the
northeast corner of SE 6th Avenue (northbound Federal Highway) and SE 3Cd Street.
City Commission Documentation
Appealable Items Meeting of May 20, 2003
Page 3
Concurrently, the Board granted an internal adjustment reducing the maneuvering
area width from 24' to 18'. The Board also granted waivers reducing the site visibility
triangles at the intersections of the proposed east/west driveway and NE 6th Avenue;
the intersection of the east/west driveway and the north/south alley; the intersection
of the north/south driveway and SE 3rd Street; the intersection of SE 6th Avenue and
SE 3rd Street and the intersection of SE 3rd Street and the north/south alley ranging
from 13' to 26'.
K. Approved (4 to 2 (Gary Eliopoulos and Deborah Dowd dissenting) and Dan Carter
left the meeting), a Class V site plan associated with the construction of a two-story
31,810 square foot light industrial and office building for Delray Park of Commerce,
Tract "B", located at the northeast corner of Lake Ida Road and NW 17th Avenue
(Park of Commerce). The Board tabled the landscape plan and architectural
elevation plan and suggested that additional architectural features be provided to
provide an office appearance.
Approved (4 to 0, Rhonda Sexton arrived late, Bill Branning and Francisco Perez-
Azua absent), a request for a Certificate of Appropriateness to allow the installation
of a shed at the McKeever/Fischer Residence, located on the east side of North
Swinton Avenue, approximately 80 feet south of NE 3rd Street (255 North Swinton
Avenue).
Approved (5 to 0, Rhonda Sexton arrived), a request for a Certificate of
Appropriateness associated with the installation of a free-standing sign for Old
School Square Office Building, located at the southeast corner of NW 1st Street
and NW lS~Avenue (75 NW 1st Avenue).
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
May 20, 2003
LAKE
$.P.R.A,B.:
A. CO TTMAN TRANSMISSION
B. PALM TRAIL pLAZA
C. SOUTHRIDGE VILLAGE CONDOMINIUM
D. GLOBAL IMPORTING
E. DECORATING CENTER
F. BELUGA WINE BAR & RESTAURANT
G. TARGET
H. ATLANTIC ANTIQUE MALL
k OCEANCITYLOFTS
J. HAMILTON PLACE
K. DE£RAY PARK OF COMMERCE
TRACT
H.P.B.:
1. McKEEVER / FISCHER
RESIDENCE
2. OLD SCHOOL SQUARE
OFFICE BUILDING
I ONE MR.E I
B
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # - REGULAR MEETING OF MAY 20. 2003 AWARD OF
BIDS AND CONTRACTS
DATE: MAY 16, 2003
This is before the City Commission to approve the award of the following bids:
1. Purchase award to Pierce Manufacturing/Ten-8 Fire Equipment, Inc. in the amount of
$551,311.00 for a 105-foot replacement aerial apparatus. Funding is available from 501-
3312-591-64.20 (Garage/Automotive).
2. Purchase award to Insight Public Sector in the amount of $23,534.00 via the Florida State
Contract #250-000-03-1 for a one (1) year warranty extension for eighty-two (82) Police
Department laptops. Funding is available from 001-2113-521-46.20 (Equipment
Maintenance).
3. Contract award to T.L.C. Diversified, Inc. in the amount of $263,859.00 for the
Rehabilitation of Lift Stations 19, 57, and 80. Funding is available from 442-5178-536-
61.83 (Lift Station Conversion to Submersible).
4. Purchase award to Atlantic Environmental in the amount of $22,995.00 for the purchase
of electrical control panels associated with the rehabilitation of Lift Stations 19, 57, and
80. Funding is available from 442-5178-536-61.83 (Lift Station Conversion to
Submersible).
5. Purchase award to Southeastern Pumps in the amount of $21,312.00 for the purchase of
submersible wastewater pumps and equipment associated with the rehabilitation of Lift
Stations 19, 57, and 80. Funding is available from 442-5178-536-61.83 (Lift Station
Conversion to Submersible).
6. Purchase award to Data Flow Systems in the amount of $38,285.00 for the purchase of
telemetry components associated with the Rehabilitation of Lift Stations 19, 57, and 80.
Funding is available 442-5178-536-61.83 (Lift Station Conversion to Submersible).
7. Purchase award to GameTime in the amount of $60,859.11 via Florida State Contract
#650-001-01-1 for playground equipment for Barwick Park. Funding is available from
334-6112-572-64.33 (General Construction Fund/Replace Playground Equipment) and
115-4101-572-63.63 (Special Projects Fund/Veterans Park Playground).
8. Purchase award to multiple vendors in the amount of $92,000.00 for medical/drug
supplies for the Delray Beach Fire Department. Funding is available from 001-2315~526-
52.20 (General Operating Supplies).
Recommend approval of the above bids and purchases.
&\City Clerk\chcvelle folder\agenda memo\Bid Memo.5.20.03
[:lTV OF DELRR¥ REICI£H
FIRE-RESCUE DEPARTMENT
DELRAY BEACH
Ali-America City
1993
2001
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Kerry B. Koen, Fire Chief
May 14, 2003
Replacement Aeria~l Apparatus
STREAM
HIGHLAND BEACH
As a result of the annual Underwriter's Laboratories testing of all of our aerial
units, it was discovered that our 1992, 75 foot rear mount aerial ladder truck had a
number of weld defects, multiple points of corrosion on the ladder rails and rungs,
and several cracks in the ladder torque box assembly. This finding was further
evaluated and confirmed at an outside fire apparatus repair facility as well as by
the City's Fleet Maintenance group. The extent of the corrosion and weld breaks
required me to place the apparatus out of service for safety reasons.
We conducted a number of analyses to determine the best course of action under
these circumstances. Repair was really not an option in the final analysis, due to
both overall cost and the time for the work to be done. Additionally, I was not
convinced that we would end up with a safe and suitable product by attempting a
repair. Replacement of the aerial itself with a new ladder and torque box assembly
could be another approach, but this too would be quite expensive and would still
involve an extended factory rehabilitation effort for a vehicle with 96,168 road
miles.
Ultimately, it was the consensus of Fleet Maintenance and Fire-Rescue that the
most cost effective course of action would be the purchase of a new replacement
unit. It was also my opinion that we should upgrade the ladder length from 75 to
105 feet for improved operational capability. We examined both "stock" and
FIRE-RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
i5~,1~ 243-7400 · FAX (516) 243 7461
P~inled on Recycled Papei
David T. Harden, City Manager
May 14, 2003
Page -2-
"specification" apparatus currently in the market and/or equipment that could be
produced in the near term. This process was concluded on May 9, 2003.
Subsequently, I met with you to make a recommendation to precede with the
purchase of a specification apparatus, similar to our last aerial unit, but without the
"sky arm" and platform features. This equipment can be provided via an existing
Delray Beach apparatus bid (2002-07) from Pierce Manufacturing/Ten-8 Fire
Equipment, Inc. in the amount of $551,311 with delivery in October, 2003. This
price includes a $70,000 trade-in allowance for the 1992 model aerial, and a
$7,390 discount for a partial payment of $214,932 at the time the order is placed.
I recommend that this item be placed on the May 20th Commission Agenda as a
contract award item. An Agenda Request for this recommended action is also
provided.
KBK/tw
Kerry B. Koen
Fire Chief
cc.' Becky O'Connor, Treasurer
Jackie Rooney, Purchasing Supervisor
Rich Olson, Interim Director Public Works
Bill Darty, Fleet Maintenance Supt.
R. Bradford Fitzer, Division Chief
PRICE SEEM!
May 13, 2003
Chief Kerry Koen
501 West Atlantic Ave
City of Delray Beach, FL 33444
Dear Chief,
Please accept this letter as confirmation that Pierce Manufactuhng will extend the same
terms and conditions relevant to your previous bid #2002-07 to the City of Delray Beach
for the purchase ora Pierce 105' Dash Aerial Ladder.
Thank you for choosing Pierce for you apparatus needs and we look forward to being of
service to the City of Delray Beach Fire Department.
Sincerely,
Pierce Manufacturing
Greg Hinkens
Sales Manager
PROPOSAL FOR FURNISHING FIRE APPARATUS
City of Delray Beach May 14,, 2003
501 West Atlantic Ave.
Delray Beach, Florida 33444
The undersigned is prepared to manufacture for you, upon an order being placed by you, for final
acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and
equipment herein named and for the following prices:
One Pierce 105' Dash Ladder
Trade of Pierce 75' Ladder (70,000.00)
Trade subject to pump test.
Trade made available apon order of new 105' ladder
$ 628,701.00
Chassis pre-pay of $214,932.00 will offer 7,390.00 discount
Chassis payment to be made ten days from purchase order
Purchase from Delray Bid 2002~07 $686,565
Ladder IPO Platform (57,864) -- $628,701.00
Trade (70,000) with pre pay discount (7,390) (77,390)
Total $ 551,311.00
Said apparatus and equipment are to be built and shipped in accordance with the specifications
hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or
other causes beyond our control not preventing, within about 10/03 working days after receipt of this
order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at
Delray Beach, Florida
The specifications herein contained shall form a part of the final contract, and are subject to
changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the
company of the order to purchase, and provided such alterations do not materially affect the cost of the
construction of the apparatus.
The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT)
rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA)
Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer
specifications. Any increased costs incurred by first party because of furore changes in or additions to said
DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above.
Unless accepted within 30 days from date, the right is reserved to withdraw this proposition.
PII~I~MANUFA~'TURING, INC.
SALES REPRESENTATIVE
5612437166 CITY OK DELRAY BEACH ?86 P02 MAY 15 '03 0?:36
PIERCE MANUFACTURING: INC.
2C~00 AMERICAN DRIVE
POST OFFICE BOX 2017
APPLETON, WISCONSIN S4e~ 12~2017
920-832-$000 o FAX 920-832-3208
May I4, 2003
Chief Kerry Koez~
S01 West Atlantic Ave
City of Delray Beach, FL 33444
D~r C3~i~
Please accept this le~tex as confirmation that Pierce Maz~ufaoturmg will extend the same
teams and condifioos, and honor the one year r~x~wal of eontra~t #2002-07 to the C/ty of
Delray Beach for the purchase of a Pierce 105' Dash Aerial Ladder. We are under the
understanding and agreement that this will be for the purchase of a 105' ladder at current
2003 pricing in place of the 100' platform as bid.
Thank you for choosing Pierce for you apparatus needs and we look forward to being of
s~ce to the City of Delray Beach Fire D~'paxlm~nL
S~c~ely,
Pierce -Manufacturing
Oreg Hinlce~s
MEMORANDUM
TO:. David Harden, City Manager
FROM: Patsy Nadal, Buyer
THROUGH: Joseph Safl~ce
Director
DATE: 5/9/2003
SUBJECT:
DOCUMENTATION -CITY COMMISSION MEETING
MAY 20, 2003-PURCHASE APPROVAL FOR ONE- (1) YEAR
LAPTOP WARRANTY EXTENSION WITH INSIGHT PUBLIC
SECTOR
Item Before Commission:
City Commission is requested to approve the purchase of a one- (1) year warranty extension on
eighty-two- (82) Panasonic laptops fiom Insight Public Sector. The laptops are currently being
utilized by the Police Department for various crime fighting efforts. The annual cost for the
extended warranty will bc $287.00 per laptop, for a total of $23,534.00, per the Florida State
Contract #250-000-03-1.
The laptops were approved and purchased for the Police Department with a three- (3) year
coverage for maintenance and repair, this coverage has expired. The MIS departmem agrees
that the laptops should be covered for maintenance and repair for an additional year per attached.
Recommendation:
Staffrecommends the approval ofpurehase for a one- (1) year extended warranty through Insight
Public Sector for the total amount of $23,534.00 for eighty-two- (82) laptops in the Police Department
per quote dated 03/06/2003.
Funding fiom account code #001-2113-521-46.20 (Repair & Maintenance Services).
Attachments:
Memo fiom Police Department
MIS Requisition Approval
Vendor Request for Quote
cc: Jaclde Rooney, Purchasing Manager
PUBLIC
SECTOR
Date: Respondent Name: Terms
03/06/2003 Tammy Knight 30 dsys
QUOTE #
Per State of FL Contract 250 000 03 1.
city of delray beach 030603 marlo dahl
Part # City ~ Each
CF-SVCLTEXT1 y 82 One Year Warranty Extension - Laptop (Yr 4) $ 287.00
Your order should be placed with Insight Public Sector at the following address.
insight Public Sector
105 W. 5th Avenue
Tallahassee, Florida 32303
Fax: 1-850-222-3457
The remit to address is:
Insight Public Sector
P.O. Box 713096
Columbus, OH 43271-3096
FEIN 36-3949000
Request for Quotation
Freight
None
Ext. Price
$ 23,534.00
$
Comark 105 W. 5th Avenue, Tallahassee, Florida 32303 800-491-6822
°i
o~
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
City Manager
C. Danvers Beatty, P.E.- ]~
Deputy Director of PubtieeUtilities
May 13, 2003
Rehabilitation of Lift Stations 19, 57 and 80
Project Number 2003-016
Attached is an Agenda Request, Engineering Recommendation Letter, Location Map and
Tabulation of Bids opened on May 1, 2003 for construction of the subject project. T.L.C.
Diversified, Inc. is the apparent low bidder however their bid is 21% lower than the second lowest
bid. This differential is cause for concern therefore a meeting was conducted between City Staff,
the Project Engineer and T.L.C. Diversified, Inc. to discuss the validity of the bid. T.L.C.
Diversified, Inc. admitted to transposing unit price figures on their asphalt reconstruction item,
however, they are comfortable with their overall bid price and request that we consider their bid
for award.
Based on their proposal and recommendation letter from Mathews Consulting, Inc., we are
recommending award of the project to T.L.C. Diversified, Inc. in the total amount of $263,859.00.
Funding for this project is available from Account # 442-5178-536-61.83 (Lift Station Conversion
to Submersible).
Please place this item on the May 20, 2003 Agenda for consideration by City Commission.
Attachments
CC.'
Richard C. Hasko, P.E., Director of Environmental Services
Bob Bullard, Maintenance Manager
City Clerk
Agenda File
S:~EngAdminXProjectsX2003~2003-016\OFFICIAL~genda memo 051303.doc
.Ma~ 12 03 03:llp M~he~s ConsulSln~ Inc.
MATHEWS
COnSULTiNG
May 12,
C Danvers Beatty, P.E.
CITY OF DELRAY BEACH
43~- S. Swinton Avenue
Delray Beach, Florida 33444
City of Delray Beach
Bid Tabulation
R~ HABILI'I~ATION OF IJFT STATIONS 19. 57 & 80
Dear Mr. Beatty:
On Thursday, May 1, 2003 at 3:00 PM, Nds w~'e received fro' the Rehabilitation of Lift Stations
I9, 57 & 80 (Bid No. 2003-032). A totat of five (5) bids were received. The iow bid was
received flora TLC Diversified, Inc., located in Palmetto, Florida in the amount of $263,859.
We have reviewed the proposal submittal by TLC Diversified, ]nc. and have veil. fled that they
have perfomaed similar work satisfactory Ibr the Loxahatehee River District and the Village of
Wellington on past projeets, they also have the equipment to perform this work
Based on the proposal submitted and the references provided, we re¢olranend award of the
project to TLC Diversified, Inc. in the amotmt of $263.859.00 based on their bid being the lowest
and their abilily to perform the work. Please ~nd a bid tabulation attached for ),'our reference.
If you have any questions, please do not hesitate to call.
Sincerely,
MATHEWS CONSIJLTING, INC.
Barton E. Carenite, P.E.
Senior Engineer
Sgl~rqjects',Delray\l 169~DocsSdelray awed reconm~end ]et.d~ c
C~ m
-fi,
S.W. 6TH ST.
HIGHLAND
CLEARBROOF
LEARBROOK
CIRCLE
CASA
INVERI
D
CASITA
FIORE
ENVIRONMENTAL SERVICES DEPARTMENT
LOCATION MAP
LIFT STATION #57
PROJECT # 2003-016
LAKE iDa ROAD
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
City Manager
C. Danvers Beatty, PIE:. ~-")~'~
Deputy Director of U..titqt~s
May 13, 2003
Rehabilitation of Lift Stations 19, 57 and 80
Project Number 2003-016
Attached is an Agenda Request along with a tabulation of quotes for purchase of electrical control
panels to be provided by the City in association with the subject project. Four local vendors
provided quotes for this equipment based on specifications provided by Utilities Maintenance.
Atlantic Environmental is the lowest responsive vendor. The quote from Atlantic Environmental
is for $22,995.00 and will be funded from 442-5178-536-61.83 (Lift Station Conversion to
Submersible).
Please place the item on the May 20, 2003 Agenda for consideration by City Commission.
Attachments
CCi
Richard C. Hasko, P.E., Director of Environmental Services
City Clerk
Agenda File
S:~EngAdmin~Projects~2003~2003'016\OFFIC1AL~Atlanflc Env.mem-051303.doc
Justification:
Date:
Notes:
ILift Station #19,
57, 80 Rehabilitation Project
4/28/2003
INote: All panels are for 15 HP Q 240 VAC 3ph
Note: KAMAN has not responded by 4/28 @ 12:15 pm
Quotes requested of:
Atlantic Environmental
Hydropumps
SE Pump
Custom Pump and Controls
Managers Authorization to order:
Funding Account:
Is · MSDS sheet required?
$22,995.00
I
YesI
$28,480.00
NoI xxx
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
TO: David T. Harden
City Manager
FROM:
DATE:
SUBJECT:
C. Danvers Beatty, P~
Deputy Director of Ut~
May 13, 2003
Rehabilitation of Lift Stations 19, 57 and 80
Project Number 2003-016
Attached is an Agenda Request along with a quote for purchase of pumps from Southeastern Pump
to be provided by the City in association with the subject project. Southeastern Pump was awarded
the annual contract for the purchase of submersible wastewater pumps and equipment (Bid 2002-
018). The quote from Southeastern Pump is for $21,312.00 and will be funded from 442-5178-
536-61.83, lift station conversion to submersible.
Please place the item on the May 20, 2003 Agenda for consideration by City Commission.
CDB/cdb
Att:
CC:
Richard C. Hasko, P.E., Director of Environmental Services
City Clerk
Agenda File
S:XEngAdmin~ProjectsX2003~2003~016~outheastem.mem.doc
p,!
City of Delray Beach
IFl~c. 9~4-781~R34
P~Me qu~e on ttte f~ia~ng mMmiM, lm~__~e M~ / hendll~g l dellv~.y and ajl athe~ cod~,
· " Pleeee indicate
9
"'MMthewe ~,
LS #19 Uf~ ~M~on Relmb
L$ :#~0 Uff St~JOn Rehal~ I I~
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
City Manager
C. Danvers Beatty, P.E.
Deputy Director of Utilitif~
May 13, 2003
Rehabilitation of Lift Stations 19, 57 and 80
Project Number 2003-016
Attached is an Agenda Request along with a quote for purchase of telemetry components to be
provided by the City in association with the subject project. Data Flow Systems is the sole source
provider of our telemetry equipment. The total amount of this purchase is $ 38,285.00. Funding
will be from 442-5178-536-61.83 (Lift Station Conversion to Submersible).
Please place the item on the May 20, 2003 Agenda for consideration by City Commission.
CDB/cdb
Attachments
cc: Richard C. Hasko, P.E., Director of Environmental S~rvices
City Clerk
Agenda File
S AEngAdmin~rojects~2003~2003-016\OFFICIAL\d fs.mem_051303.doc
April 29, 2003
Quote No. 030429-01-dcw
Mr. Robert Bullard
City of Delray Beach
Fax: 561-243-7344
Re: Lift Station #19, #57, and #80
Dear Mr. Bullard:
Thank you for this opportunity to offer our products and services. All products offered are
compatible with City of Delray Beach's existing radio telemetry system. This is a parts only,
quotation. It does not include shipping charges or installation services. This 2 page quotation
includes, and is limited to, the following:
· Bill of Materials per station includes:
(1) RTU204, includes:
· 316 SS Enclosure
· Modular Backplane
· RF Pigtail
· Radio Interface Module/radio
· Power Supply Module
· RTU Surge Protection Kit
,, Polyphaser Coaxial Surge Protector
(1) Backup battery
(1) PSM003
(1) RIM006
(1) DCM003-2
(2) AMM002
(2) PCM
(1) Telemetry Interface Unit
$11,855.00 each
$ 2,660.00
· Quotation Notes:
1. All items shipped will be billed at the time of shipment. Freight charges will be added.
2. Only those items and services specifically listed above in the Bill of Materials are included
in this quotation.
The quotation totals $ 38,225.00, plus shipping, $60.00. Total equals $38,285.00. Lead-time is
4-6 weeks ARO. Payment terms are NET 30. This quote will be honored for 90 days.
Please contact me at 321-259-5009 with any questions or comments.
PLEASE VISIT OUR VVEB~ITE Q wa~v. dataflowsys,cofr t
[lTV DF DELRR¥ BEI:I£H
DELRAY BEACH
AII-Amedca Ci~
~99{
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
David Harden
City Manager
Joe Weldon
Director of Parks and Recreation
Playground Equipment - Barwick Park
May 9, 2003
As you know, we received a grant from Florida Recreation Development and
Assistance Program in the amount of $50,000 for playground equipment at
Barwick Park. I have worked with Barry Lock of Gametime to develop a tot
lot and playground for the park. The tot lot is for ages 2 - 5 and the
playground is for ages 5 to 12. Both playgrounds are ADA and ASTM
compliant. I have attached pictures of the playground equipment. We
were budgeted for $60,000. I would like to award this to Gametime in the
amount of $60,859.11. $60,000 would be funded out of account #334-6112-
572-64.33 and $859.11 would be funded out of account #115-0000-248-84.00
This item is on state contract #650-001-01-1. '
Please place this on the agenda for City Commission consideration on May
20, 2003.
Director of Parks and Recreation
Attachments
cc: Chevelle Nubin
Agenda Coordinator
JW:cp
Ref:dhbppgeq
THE EFFORT ALWAYS MATTERS
Enrlchlng Childhood Through Play.
Date: 4/10/2003
Quote No,: 231410002
GAMETIME
c/o Domlnlca Recreation Products
P.O. Box 52~700
Longwood, FL 32752-0700
Phone: {407)331-O1 dl
Toll Frae: (800)432-0t62
Facsimile: {407)331-4720
Con,act: Bamj C. Lock
E-marl: barryf(~gametime.cam
GameTime Quotation
lOT T~{ Let {2 5 'fl'-Ot,~*) klhf
11714 T~me.
2~ 6' PIS ~ WIBa~ ~ 1,776 4.~,~
37~ 2' ~ P~B~ 6g0 ~,~ $1,~,~
378g A~ Rl~m 9~ 6 ~'~
~D ~r~nd (~2 Yr~) 237 ~,~ ~,~
~ ~ E~ ~ Rep ~fln~ ~ ~ 4,1~ ~'~'~ ~,~3.00
2~ e' PiS B~ Wt~ I~d 7fl
3793 2' ~a~ P~B~ 890
3789 A~b~ PI~ 8~ 237
Total weight: g,52.0
..... ' .................................................................
I; ~md °n ;h~ ~all ~ at one fl~ ~ a sf,g~ ~. u~ n~d. a~ ~ a~ s~]~ ~ead)~t pu~s~~ .
~ ~f $1,~.~ to ~ auto,ed by ~r~en PU~e ~r ~ ~t ~ Ga~. e~ ~ R~r~n P~u~.
1~f2
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David T. Harden, City Manager
/
Jacklyn Rooney, Purchasing Manager~=:~~'-~
Joseph Saffo~ce Director
May 15, 2003
DOCUMENTATION - CITY COMMISSION MEETING
MAY 20, 2003 - BID AWARD - BID #2003-25
MEDICAL AND DRUG SUPPLIES - ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to make multiple awards to low responsive bidders, as stated
below for medical/drug supplies for the Fire Department at an estimated annual cost of $92,000
for the City of Delray Beach.
Background:
The City of Delray Beach is the lead entity for this joint bid with the City of Boynton Beach.
Bids were received on April 11, 2003, from twelve (12) vendors, all in accordance with City
purchasing policies. (Bid #2003-25. Documentation on file in the Purchasing Office). A
tabulation of bids is attached for your review.
The bids have been reviewed by Lt. Roger Hardin, Paramedic Lieutenant of the City of Delray
Beach Fire Department and City of Boynton Beach. The group totals listed on the tabulation of
bids reflects the total of the unit prices for each item in that group.
The Fire Department recommends award to low responsive bidders as listed below per attached
memos dated May 6 and May 15, 2003. The award recommendation was also approved by the
City of Boynton Beach per attached memo dated May 15, 2003.
Recommended Awarded Vendors:
Emergency Medical Product
Sun Belt Medical/Emergi Source
Southeastern Emergency Equipment
Matrix Medical
Group Number:
1,2,6and7
3
4
5
Recommendation:
Staff recommends award to various vendors as outlined above and highlighted on attached
Tabulation of Bids for a total estimated annual cost of $92,000. Funding from City of Delray
Beach Fire Department operating budget account code 001-2315-526-52.20.
Attachments:
Tabulation of Bids
Award Recommendations Per Group / Item
Memo From Fire Department
Cc~
Roger Hardin, Paramedic Lieutenant Fire Dept.
City of Boynton Beach
MEMORANDUM
To: Jackie Rooney, Purchasing
From: C. Roger Hardin, Paramedic Lt.
Date: 6 May, 2003
Subject: BID #2003-25, Medical/Drug Supplies
I have examined the bid proposals as submitted for our medical supplies and recommend
the bids to be awarded as follows:
Group 2 (Intravenous Supplies): Emergency Medical Products, Inc....LOW BIDDER
Group 3 (Medications): Sun Belt Medical/Emergi-Source...LOW BIDDER
Group 4 (Diagnostics and Instruments):Southeastem Emergency Equipment...LOW
BIDDER
Group 5 (Splints and Immobilization Supplies and Equipment): Matrx Medical,
Inc....LOW BIDDER
Group 6 (Bandages and Dressing Tape): Emergency Medical Products, Inc....LOW
BIDDER
Group 7 (Infection Control Equipment and Supplies): Emergency Medical Products,
Inc....LOW BIDDER
With respect to Group 1 (Airway Management Equipment and Supplies)...It has come to
my attention that three items in the group are "Sole Source"...i.e. they are only available
from one distributor in the state of Florida...the items are:
Item # 44. Laryngeal Mask Airway
Adult #4 - #LA12140, Box of 5
(LMA North America--NO SUBSTITUTES)
Item # 45. Laryngeal Mask Airway
Adult #5 - #LA12150, Box of 5
(LMA North America--NO SUBSTITUTES)
Item # 74. Adult CPAP Set
(incl. hose, filter, mask,
10 cm. valve, head strap)
(MATRX VIC731XX11--NO SUBSTITUTES)
MEMORANDUM
To: Jackie Rooney, Purchasing
From: C. Roger Hardin, Paramedic Lt.
Date: 15 May, 2003
Subject: BID #2003-25, Medical/Drug supplies
With respect to my memorandum of 6 May, 2003 regarding the Group 1 items #44, #45,
and #74 being "sole source" items that should not have been included in the "group" bid
process:
I have recalculated the bids based on leaving out those items that are "sole source".
Disregarding those items mentioned above, only three companies submitted "complete"
bids for Group 1, with the totals as follows:
Matrx Medical, Inc.: $ 4,439.71
Emergency Medical Products, Inc.: $4,294.15 (LOW BID) --~
Southeastern Emergency Equipment: $5,048.33
It is my recommendation, based on the above, that the award for Group 1 be given to
Emergency Medical Products, Inc., which submitted the lowest bid.
C. Roger Hardin
Enclosures: Memorandum dated 6 May, 2003
Letter from Matrx Medical, Inc.
Letter from LMA North America, Inc.
May 5, 2003
Mr. C. Roger Hardin
City of Delray Beach
Fire Department
Fax: 561-243-7461
Dear Mr. Hardin:
This is to certify that LMA North America, Inc. is the exclusive U.S. distributor of the
LM/F~'~ products under a distribution agreement with the Laryngeal Mask Company
"LMC", the manufacturer of the LM.dTM products.
LMA North America has appointed MDS Matrx of Ballentine, SC as the exclusive
distributor of this product to pre-hospital Emergency Medical Services for the state of
Florida. As such, Iv[DS Matrx is the sole source for this product for this market. You
should contact MDS Mat~x at 1-800-845-3550 to order.
Best regards,
Barbara Stinchfleld
Associate Director
Customer Service and Sales Support
Date:
Re:
David Harden, City Manager
Lula Butler, Director, Community improvement
May 16, 2003
Interlocal Funding Agreement between City and CRA
ITEM BEFORE THE COMMISSION:
Approval of the Intedocal Agreement in the amount of $12,750 providing for the repayment of
funding in this amount advanced by the Community Redevelopment Agency (CRA) for
services provided by Joe Gray of JEG & Associates as Intedm Executive Director for the
Village Foundation.
BACKGROUND:
The Board of Directom of the Village Foundation accepted the resignation of Mr. Chades
"Chuck" Ridley on April 23, 2003. The Board consensus was to appoint an Interim Director
that could assist in the overall management and reconstruction of the non-profit organization
within a 90 day period. Because of the current financial and fiscal constraints of the agency,
the board is asking the City and CRA to assist in the funding of the Interim Director position.
The CRA agreed that it would advance these dollars with the understanding that we would
submit a request the City Commission to budget and appropriate funds to repay $12,750 of
the $15,000 advanced by the CRA in FY 03/04. The CRA Board approved and authorized its
Executive Director to pay to the City $15,000 to fund the negotiated salad, rent and
miscellaneous expenditures associated with the Interim Director position of the Village
Foundation. The City is asked to repay $12,750 of this amount to the CRA by October 31,
2003
The attached agreement developed by the City Attorney is included as part of this agenda
item for the Commission's consideration.
RECOMMENDATION:
Staff is recommending City Commission approval of the proposed Interlocal Agreement
between the City and CRA providing for the repayment of $12,750 advanced funding in
support of the Interim Director services with the Village Foundation by October 31, 2003.
CITY OF DELRrlY BEACH
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELP, Ay BEACH
DATE: May 13, 2003
MEMORANDUM
Writer's Direct Line: 561/243-7091
TO:
City Commission
David T. Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Interiocal Fundinq A.qreement between City and CRA
This Interlocal Funding Agreement was approved by the CRA last Thursday, May
8, 2003 to provide for the management assistance of Joe Gray to the Village
Foundation. Under this funding agreement, the CRA shall advance to the City
$12,750.00 which must be repaid by the City to the CRA by October 31, 2003 for
the salary and miscellaneous expenses to be incurred by JEG Associates, inc. for
three (3) months work. in addition, the CRA shall pay the rent in the amount of
$2,250.00 which need not be repaid by the City.
e this agreement on the May 20, 2003 agenda.
SAR:smk
Attachment
CC:
Barbara Garito, City Clerk
Diana Colonna, CRA Director
Lula Butler, Director of Community Improvement
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF DELRAY BEACH AND THE
COMMUNITY REDEVELOPMENT AGENCY
THIS INTERLOCAL AGREEMENT is made this __ day of ,
2003 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation
("City") and the COMMUNITY REDEVELOPMENT AGENCY, a community
redevelopment agency created pursuant to Fla. Statute, Chapter 163, ("CRA").
WITNE$SETH:
WHEREAS, the City and the CRA are committed to the economic development
of the City of Delray Beach, which is enhanced by having quality schools located within
the City; and
WHEREAS, the Village Foundation, Inc. is a not-for-profit corporation
responsible for extended day programs at the Village Academy, a deregulated public
school; and
WHEREAS, the City and the CRA desire to participate in helping the Village
Foundation achieve its goals of providing quality and effective education to the students
of Delray Beach, Florida; and
WHEREAS, the City and CRA will fund the position of interim director for the
Village Foundation, Inc., as set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. Recitations. The recitations set forth above are incorporated as if fully
set forth herein.
2. Payments. The CRA shall pay to the City fifteen thousand dollars
($15,000.00) within seven (7) business days of the City's request for payment. The
City shall repay to the CRA Twelve Thousand Seven Hundred And Fifty Dollars
($12,750.00) by October 31, 2003.
3. The CRA's contributions shall be used
management assistance to the Village Foundation, Inc.
by the City to fund interim
The CRA shall pay for three
months rent of Seven Hundred And Fifty Dollars ($750.00) each month for three (3)
months, for a total of Two Thousand Two Hundred Fifty Dollars ($2,250.00). This
money constitutes the part of the fifteen thousand dollars ($15,000.00) that need not be
reimbursed by the City to the CRA. Eleven Thousand Four Hundred Dollars
($11,400.00) shall be used by the City to pay JEG Associates, Inc. (Joe Gray) for three
(3) months at Three Thousand Eight Hundred Dollars ($3,800.00) per month. One
Thousand Three Hundred Fifty Dollars ($1,350.00) is to be used to cover any
miscellaneous expenditure for utilities, etc. as may be necessary.
This Agreement shall not be effective until signed by the parties to this
Agreement.
5.
This Agreement constitutes the entire Agreement between the parties. To
be effective, any modifications shall be in writing and signed by the parties, and signed
by persons with authority to bind the parties.
6. Upon full execution of this Agreement, this Agreement (less attachments)
shall be recorded in the Public Records of Palm Beach County, Florida.
2
IN WITNESS WHEREOF, the parties have heretofore set their hands and seals
on the day and year first above written.
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:.
Jeff Perlman, Mayor
City Attorney
Witnesses:
COMMUNITY REDEVELOPMENT AGENCY
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged
,2003 by
title of officer or agent) of
acknowledging), a
behalf of the corporation.
before me this __ day of
(name of officer or agent,
(name of corporation
(state or place of incorporation) corporation, on
He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public - State
of Florida
3
Menlo
're.. City Commission
David Harden
CC.'
May 16, 2003
Abandonment Request for Wallace Ddve Right-of-Way
This is a very unusual situation in that the applicant owns land on the west side of the right-of-
way while the City owns land on the east side. The land owned by the City is portions of lots
12 and 13 as indicated on the attached survey. If this abandonment is approved, the portion
of the right-of-way crosshatched in orange will come to the City, while the portion
crosshatched in yellow will become the property of the applicant.
On two separate occasions, beginning in 1999, the applicant inquired about buying the City's
property, so that all the abandoned right-of-way would come to him. His last offer was
$5,000, which City staff thought was insufficient.
The tdangle now owned by the City includes 3,104 square feet. The dght of way which would
be added to the City's property includes 6,784 square feet, for a total of 9,888 square feet.
An appraisal done in the general area in 1999 established a value of $4.00 per square foot,
which would equate to $31,147 for the entire 9,888 square feet. Given the odd shape of the
City's parcel, City staff felt that we could support a sale at $15,000, but not at $5,000.
Another way to value this property would be to use only the area we presently own outside
the right-of-way, which would be $12,416 at $4.00 per square feet.
If the abandonment is approved as requested, the City will be left with an oddly shaped
parcel which would be difficult for anyone to build on, given the 25 foot front and 10 foot rear
setbacks required in the MIC district. If the requested cross access agreement is approved, it
would further restrict the buildability of the City's parcel. If the right-of-way is not abandoned,
it, together with the City parcel, could bo used for stormwater retention or other purposes.
Alternatives: 1. Approve the request.
2. Approve the abandonment but not the cross access agreement.
3. Deny the request, subject to reconsideration if the applicant acquires the
land on the east side of the right-of-way.
Recommendation: I recommend that the request be denied and that the Commission
determine a pdce at which it wnuld be willing to sell the triangular area indicated as lots 12 and
13.
%
VACANT
kO¥ 3
/
WALLACE D~R~E~
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
PAUL DORLING, DIRECTOR OF PL,~ NING AND
NGUYEN TRAN, SENIOR PLANNER
(FORMERLY GERMANTOWN ROAD) LOCATED ON THE WEST SIDE OF
S.W. l0TM AVENUE, BETINEEN S.W. l0TM STREET AND WALLACE DRIVE.
The request involves abandoning a portion of Wallace Ddve previously known as Germantown Road.
The right-of-way was dedicated with the recording of the plat of Esquire Subdivision (Plat Book 23,
Page 43) in February of 1950 and consists of approximately 20,557 sR. ft. (0.47 acre). The portion of
right-of-way proposed for abandonment originally intersected S.W. 10 Street which was realigned in
1994 to connect to S.W. 10th Avenue. The request before the City Commission involves the
abandonment of a portion of the old alignment.
Currently, the proposed abandonment area is both unimproved (south end) and contains a driveway
access from S.W. 10th Avenue to a parking area of a convenience store (Lot 3) to the north.
The abandonment request was submitted by Mr. John D. Roof and Mr. William H. Roof, the owners of
Lots 4, 5 and a portion of Lot 1 of the plat of Esquire Subdivision. The owners intend to incorporate
their portion of the abandoned area to be used for parking and access for a development named Roof
and Rack which is currently seeking Site Plan approval. According to the site plan for Roof and Rack,
the proposed development will have driveway access from S.W. 10th Avenue. As the driveway from
S.W. 10th Avenue lies within the area of right-of-way which will be returned to the abutting property
owner on the east (the City of Delray Beach), an access easement granted by the City to the owners of
Lots 3, 4 and 5 for ingress-egress purposes will need to be executed in conjunction with the
abandonment request.
The City's Environmental Services Department (ESD) has identified an 8" sewer main and a 16" water
main within the abandonment area. Florida Power and Light (FP&L) has identified overhead facilities.
Although given surveys of the abandonment area, Adelphia Cable, BellSouth and Florida Public Utilities
Company (gas) did not respond to the abandonment request. Since the City of Delray Beach and
Florida Power & Light have identified facilities within the abandonment area, a general utility easement
will be retained over the entire abandonment area to cover all existing and future facilities.
On July 19, 1999 the item was considered by the Planning and Zoning Board and
recommended for approval subject to the following conditions:
1. That replacement easements be provided to cover the existing 8" sewer and 16" water
mains;
2. That the replacement easements be provided to cover all services on the existing
overhead utility line and any other existing future services; and
3. That a cross-access (Access Easement) be processed concurrent with the
abandonment to cover the section of driveway for the retail store which encroaches into
the right-of-way reverting to the City.
City Commission Documentation
Meeting of May 20, 2003
Abandonment of a Portion of Wallace Drive (formerly Germantown Road)
Page 2
The Access Easement is in the process of being executed at this time. The abandonment
resolution will not be forwarded for recording until the access easement has been fully
executed. All other conditions have been addressed.
By motion, approve the abandonment of a portion of Wallace Drive right-of-way (formerly Germantown
Road) based upon positive findings with respect to LDR Section 2.4.6(0)(5) and delay recording the
abandonment Resolution until the access easement has been executed.
Attachments:
· Location Map
Abandonment Resolution
· Access Easement
· Planning and Zoning Board Staff Report of July 19, 1999
S:~Planning & Zoning\BOARDS\CiTY COMMISSIOI',AAbnd of Portion of Wallaca Drive (Roof & Rack).doc
PARK TEN
S.Wo
PARK TEN
2ND ADD.
10TH
DELRA Y BEACH
MEMORIAL
GARDENS
STREET
S.W, 11TH ST,
S.W. 9TH
LIN TON
CENTRE
THE
¢RO VES
BESSIE
ELLA ST,
MILFRED S~EET
WALLACE
FORD
0 U
N
CITY OF BELRAY BEACH, FL
PLANNING & ZONING DEPAR~M£NT
/
WALLACE
NISSAN
LINTON
WALLACE
DODGE
SOUTHRIDGE RD..~
SOUTHRIDGE
VILLA GE
CONDO
BOULEVARD
LIN TON
PL,~
ABANDONMENT
A PORTION WALLACE DRIVE (f.k.a. GERMANTOWN ROAD)
ZEDER AVE.
MAP REF: LM557
RESOLUTION NO. 32-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF WAIJ.ACE DRIVE RIGHT-
OF-WAY (PREVIOUSLY GERMANTOWN ROAD) LOCATED
ON THE WEST SIDE OF S.W. 10TM AVENUE, BETWEEN S.W.
10TM STREET AND WALLACE DRIVE, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, received an application for
abandonment of a portion of Wallace Drive fight-of-way, as dedicated on the plat of Esquire
Subdivision (Plat Book 23, Page 43), as more particularly described herein; and
WHEREAS, said application for abandonment of a general public right-of-way was
processed pursuant to Section 2.4.6(O), "Ab
anaonment of Rights-Of-Way", of the Land
Development Regulations of the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 2.4.6(O)0)(e), the Planning and Zoning
Board, as Local Planning Agency, formally reviewed the matter at a public hearing on July 19, 1999,
and voted 5 to 0 to recommend approval of the abandonment, based upon positive findings with
respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be
retained over the entire area; and
WHEREAS, as a condition of the abandonment of the area described below, an
access easement will be processed concurrent with the abandonment to cover the section of
driveway for the retail store which encroaches into the right-of-way returned to the City as a result
of said abandonment; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that
its interest in the described property is no longer needed for the pubhc good and deems it to be in
the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon
positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and
reserves unto itself a utility easement over the entire area thereof, as more particularly described
herein, for the purpose of emergency access and constructing and/or maintaining, either over or
under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for
various public utilities whether owned by the City or private corporations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida
Statutes, it is hereby determined by the Delray Beach City CommXssion to vacate and abandon all
right and interest it holds to the following real property for tight-of-way purposes only, but does not
abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the
purpose of emergency access and constructing and/or maintaining, either over or under, the surface
poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities
whether owned by the City or private corporations, more particularly described as follows:
Beginning at the Southeast comer of Lot 5, Esquire Subdivision
according to the Plat thereof, as recorded in Plat Book 23, at page 43
of the Public Records of Palm Beach County, Florida; thence North
88° 11' 00" East along the easterly extension of the southerly line of
said Lot 5, a distance of 22.29 feet to an intersection with a non-
tangent curve, concave to the southeast, whose radius bears South
42° 04' 39" East, having a radius of 110.00 feet and a central angle of
42° 02' 22"; thence northeasterly along the arc of said curve a
distance of 80.71 feet to a point of tangency; thence North 89° 57'
48" East a distance of 2.53 feet; thence North 22° 21' 16" East, along
the easterly right-of-way of Germantown Road as shown on Esquire
Subdivision a distance of 132.59 feet; thence North 00° 02' 12"
West, along the westerly right-of-way of SW l0th Avenue, as laid out
and in use; a distance of 160.70 feet to the point of curvature of a
curve concave to the southwest, having a radius of 25 feet and a
central angle of 57° 42' 21"; thence northerly along the arc of said
curve a distance of 25.18 feet to a point on the easterly line of Lot 3
of said, Esquire Subdivision; thence South 22° 21' 16" West, along
the easterly line of said Lots 3, 4, and 5, a distance of 360.00 feet to
the point of beginning.
Containing 20,557 square feet (0.47 acre), more or less.
PASSED AND ADOPTED in regular session on th/s the
20O3.
day of
ATTEST:
MAYOR
City Clerk
Resolution No. 32-03
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
MEETING DATE:
AGENDA ITEM:
ITEM:
---STAFF REPORT---
July 19, 1999
VI.B.
Abandonment of a Portion of Wallace Drive (Formerly
Germantown Road) Which Previously Intersects S.W. 10th Street.
GENERAL DATA:
Applicant .............................. John and William Roof
Location ............................... Portion of Wallace Drive
(formerly Germantown Road)
Property Size ........................ 0.47 Acre
Existing F.L.U.M
Designation .......................... Redevelopment Area 2
Current Zoning.. .................... MIC (Mixed Industrial &
Commercial)
Existing Land Use ................ Unimproved right-of-way
Proposed Land Use ............. Abandonment of the portion
of unimproved right-of-way to
be incorporated into adjacent
properties for access and
parking
Water Service ....................... n/a
Sewer Service ...................... n/a
S.W, 10TH
STREET
VI.B.
The item before the Board is that of making a recommendation to the City
Commission on abandonment of a portion of Wallace Drive (fka Germantown Road-
old realignment area). The subject right-of-way is located on the west side of S.W.
10t~ Avenue, between S.W. 10~ Street and Wallace Drive. The applicant for the
abandonment is the owner of Lots 4 and 5 of the Esquire Subdivision.
The area of Wallace Drive to be abandoned was previously known as Germantown
Road, which was dedicated as an 80' right-of-way with the recordation of the Esquire
Subdivision plat in February, 1950. Wallace Drive once intersected with S.W. 10t~
Street, but was realigned in 1994 to connect with S.W. 10~ Avenue. The request
before the Board involves the abandonment of the old alignment area.
The right-of-way is overgrown with grass, except for an asphalt parking area and
driveway with access to S.W. 10th Avenue. The driveway connects to a parking area
for a convenience store'on Lot 3 (Mr. A's Grocery, currently vacant) located at the
southwest corner of S.W. 10th Street and Wallace Drive. In addition, there is an
existing overhead utility line, 8" sewer main, and 16" water main within the subject
right-of-way.
The area to be abandoned consists of approximately 20,557 sq. ft. (approximately .47
acre). The abandonment is being requested to accommodate future development of
abutting Lots 4 and 5 to the west, which are currently vacant.
Wallace Drive was originally platted as Germantown Road with a dedicated right-of-
way width of 80'. Because the remaining right-of-way is oddly configured, at some
points the width exceeds 80'. Pursuant to [.DR Section 2.4.6(O)(1), public property
dedicated through subdivision shall be divided at the center line and returned equally
to abutting parcels when abandoned. The subject right-of-way was dedicated entirely
from the Esquire Subdivision plat. Upon abandonment, approximately 40' will revert
to the owners of the lots to the west (Lots 3-5). The City owns adjacent portions of
Lots 12 and 13 to the east, and would therefore receive the eastern 40'. In addition,
the northern 160' of right-of-way abuts S.W. 10~ Avenue (a public right-of-way), and ~
of this abandonment area will revert to the City. The existing driveway off S.W. 10t~
Avenue accessing the vacant structure on lot 3 lies within the area of right-of-way to
be abandoned to the City. The City has no future plans for the abandonment area,
and therefore the abandonment will not impact this point of access.
Planning and Zoning Board Staff Report
Wallace Drive Abandonment (fka Germantown Road - Old Alignment Area)
Page 2
The subject abandonment area is bordered to the east by the R-1-A (Single Family
Residential) zoning district, and to the west by MIC (Mixed Industrial and
Commercial). The surrounding land uses include vacant lots and S.W. 10t~ Avenue
right-of-way to the east, and vacant properties and a vacant convenience store to the
west.
Utilities:
The City's Environmental Services Department has reviewed the request and
indicated that replacement easements must be provided to cover the existing 8"
sewer and 16" water mains within the area of abandonment. Provision of easements
to cover these utilities are attached as a condition of approval.
All utility companies (FPL, Adelphia Cable, BellSouth, Florida Public Utilities) were
provided with surveys of the abandonment area. FPL has indicated a 10'
replacement easement will be required to cover the existing service on the overhead
utility line. Although no responses have yet been received from BellSouth, Adelphia
Cable, or Florida Public Utilities, any services on the overhead utility line or
underground will require replacement easements. Provision of easements covering
any existing and future services within the abandonment area (FPL, Adelphia, Florida
Public Utilities, BellSouth) is attached as a condition of approval.
Access:
Although it is currently unoccupied, the structure at the southwest corner of S.W. 10m
Street and S.W. 10~ Avenue takes access from S.W. 10t~ Avenue via an existing
driveway located within the abandonment area. This driveway is within a portion of
the abandonment area that abuts S.W. 10th Avenue, which will revert to the City. As a
result the driveway will encroach on City-owned property. The City has no future
plans for this right-of-way, and therefore the driveway access should not be impacted
by the abandonment, it is noted, however, that a cross-access easement will need to
be executed for that portion of the driveway which traverses the portion of the right-of-
way that will revert to the City. This easement should be approved by the City
Commission concurrent with the abandonment. Alternatively, the property owner
could elect to purchase the City-owned parcels, therefore having direct access to
S.W. 10~ Avenue. The same situation exists for the vacant property to the south,
which when developed will need to cross this property to obtain access to S.W. 10a
Avenue.
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being
approved, the following findings must be made:
Planning and Zoning Board Staff Report
Wallace Drive Abandonment (fka Germantown Road - Old Alignment Area)
Page 3
A) That there is not, nor will there be a need for the use for the right-of-way for
any public purpose.
Sanitary sewer and water mains and an overhead utility line exist within the Wallace
Drive right-of-way, Easements will be required to cover these services and any other
existing and future services. Provision of replacement easements is attached as a
condition of approval.
B) That the abandonment does not, nor will not, prevent access to a lot of
record.
Any future development on Lots 4 and 5 will take access from S.W. 10~ Avenue or
$.W. 10~ Street. Although it lies within the portion of the subject area that will revert
to the City, the existing driveway providing access between S.W. 10~ Avenue and the
existing structure on Lot 3 should not be impacted by the abandonment. Cross
access easements will be provided concurrent with the abandonment.
C) That the abandonment will not result in the detriment for the provision of
access and/or of utility services to adjacent properties or the general area.
The existing building on Lot 3 will continue to have access from S.W. 10~ Avenue and
S.W. 10~ Street. Modifications to or redevelopment of the site may require re-
evaluation of the existing driveway locations. Easements will be required to cover the
water and sanitary sewer mains, overhead utility line and any other services located
within the subject right-of-way. No detriment will therefore result.
The subject right-of-way is remaining area from the realignment of Wallace Drive, and
its intended use is limited. By abandoning the limited area to private interests, the
adjacent lots may be enhanced through development. Replacement easements will
be required to cover the 8" sanitary sewer and 16" water mains, and services on the
existing overhead utility line. The existing structure on Lot 3 (formerly Mr. A's Grocery
Store) will have continued access via the driveway within the abandonment area with
access to S.W. 10~h Avenue, as well as from S.W. 10~ Street. It is noted that cross-
access easements will be necessary to allow for access over the sections of right-of-
way reverting to the City, unless the property owners elect to purchase the property
from the City.
1. Continue with direction.
Planning and Zoning Board Staff Report
Wallace Drive Abandonment (fka Germantown Road - Old Alignment Area)
Page 4
2. Recommend approval of the abandonment subject to positive findings with respect
to LDR Section 2.4.6(O)(5), subject to conditions.
3. Recommend denial of the abandonment based upon a failure to make positive
findings with respect to LDR Section 2.4.6(O)(5).
By motion, recommend approval of the abandonment a portion of Wallace Drive right-
of-way, subject to the following conditions:
That replacement easements be provided to cover the existing 8" sewer and
16" water mains.
That replacement easements be provided to cover all services on the existing
overhead utility line and any other existing and future services.
That cross-access easements be processed concurrent with the abandonment
to cover the section of the driveway for the retail store which encroaches into
right-of-way reverting to the City, and to provide for future access to S.W. 10~
Avenue by Lots 4 and 5.
Attachments:
n Location Map
n Survey
n Esquire Subdivision Plat
Exhibit A ~ ~
ROOJ~ & RACK
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
D¢lray Beach, Florida 33444
ACCESS EASEMENT AGREEMENT
FROM THE CITY TO THE PROPERTY OWNER
THIS AGREEMENT, made this __ day of
· 200_, by and between
, with a mailing
address of
("OWNER"), and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of
Florida, ("CITY"):
NOW THEREFORE, in consideration of $10.00 and other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the paffles agree as follows:
1. CITY hereby grants to OWNER a non-exclusive easement for ingress and egress
to enter upon and across, the property as shown in Exhibit "A", (access easement area) attached
hereto, for the purpose of pedestrian and vehicular access. The granting of this easement shall
not interfere with any underground utilities that currently exist or may exist in the future in the
Access Easement area.
2. The parties agree that this Access Easement Agreement shall be recorded in the
Public Records of Palm Beach County, Florida. The access easement granted herein shall not be
transferred, assigned, sold or otherwise conveyed except in conjunction with the transfer or sale
of the property that is provided access by this easement. At such time as the access easement
granted herein is no longer required by the OWNER, the easement may be released of record by
a written document executed by an authorized signatory of the OWNER.
3. The parties hereby agree that the OWNER shall be responsible for the
maintenance, replacement and repair of the property encompassed within the grant of the
easement contained herein.
4. For the payment of additional consideration of Ten Dollars ($10.00), receipt of
which is hereby acknowledged, OWNER shall, and hereby agree to indenmify and hold the
CITY harmless from and against any and all judgments, damages, claims, demands, losses,
liabilities and other costs and expenses, including reasonable attorney's fees incurred in the
defense thereof, that may be incurred by reason of any loss, damage or injury to any person or
property resulting directly or indirectly by reason of the use of the Access Easement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day
and year first above written.
ATTEST: OWNER
By:.
Print Name: Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of .,
200_ by who is personally known to me or who has
produced as identification.
Signature of Notary Public ~ State
of Florida
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:
JeffPerlman, Mayor
City Attorney
2
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
OCEAN RESCUE CONTRACT AND MEMORANDUM OF
UNDERSTANDING/LOCAL 1842. IAFF
DATE: MAY 16, 2003
This item is before Commission to approve the Collective Bargaining Agreement between the City and our
Ocean Rescue Officers and Supervisors, requested by the Local 1842, IAFF, effective October I, 2001 and
continuing in effect through September 30, 2003. Attached is a Memorandum of Understanding modifying the
terms of the Collective Bargaining Agreement for full time employees in the classifications within the Ocean
Rescue Unit as follows:
· For fiscal year 2001/02, full time employees currently on the payroll in the above mentioned classifications
shall receive a 2.5% wage adjustment effective 10/1/01.
· For fiscal year 2002/03, full time employees currently on the payroll in the above mentioned classification
shall receive a 2.5% wage adjustment effective 10/1/02.
· The Emergency Medical Technician Certification referenced in Article 42 shall be effective 10/1/01.
· This Memorandum of Understanding shall be effective solely for the period 10/1/01 through 9/30/03.
· The parties represent that they have full legal authority to enter into this agreement.
All other terms of the Collective Bargaining Agreement affecting employees within this classification noted
above, for the period October 1, 2002 through September 30, 2003 are binding, except where expressly
modified herein or hereinafter modified by the parties.
The action requested is approval of the Memorandum of Understanding to the Local 1842, IAFF Collective
Bargaining Agreement.
S:\City Clerk\chevelle folder\agenda memos\la,cai 1842,1AFF. MOU.5.20.03
Memorandum of Understanding
The City of Delray Beach, Florida and Professional Fire Fighters
and Paramedics of Delray Beach, Local 1842, IAFF agree as
follows:
Effective October 1, 2001 the following provisions shall apply to
the full time employees in the classification within the Ocean
Rescue Unit i.e.; Ocean Rescue Operations Supervisor, Ocean
Rescue Officer and Ocean Rescue Lifeguard Trainee.
1. For fiscal year 2001/02, full time employees currently on
the payroll in the above mentioned classifications shall
receive a 2.5% wage adjustment effective 10/1/01.
2. For fiscal year 2002/03, full time employees currently on
the payroll in the above mentioned classification shall
receive a 2.5% wage adjustment effective 10/1/02.
3. The Emergency Medical Technician Certification referenced
in Article 42 shall be effective 10/1/01.
4. This MOU shall be effective solely for the period 10/1/01
through 9/30/03.
5. The parties represent that they have full legal authority
to enter into this agreement.
6. All other terms of the Collective Bargaining Agreement
affecting employees within this classification noted above,
for the period October 1, 2002 through September 30, 2003
are binding, except where expressly modified herein or
hereinafter modified by the parties.
Dated this day of 2003.
Attest City of Delray Beach, FL
City Clerk
Approved as to Form
City Attorney
By: City Manager
Professional Fire Fighters and
Paramedics of Delray Beach,
yPresident
95
COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE
CITY OF DELRAY BEACH, FLORIDA
AND THE
PROFESSIONAL FIRE FIGHTERS AND PARAMEDICS
DELRAY BEACH, LOCAL 1842, IAFF
APPLICABLE
TO
OCEAN RESCUE FULL TIME CLASSIFICATIONS
10/1/01 - 9/30/03
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
TABLE OF CONTENTS
Preamble
Recognition
Bargaining Unit
Grievance Procedure
Dues Check Off
Discrimination
Union Business
Correspondence
Bulletin Boards
Hours of Work
Recall
Overtime
Salaries
Working Out of Classification
Vacation
Holidays
Sick Leave
Bereavement Leave
Health Insurance
Seniority
Posting of this Agreement
Management Rights
Page
1
2
3
4
16
17
18
20
21
22
24
25
26
29
31
35
36
40
41
43
44
45
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
Article 39
Article 40
Article 41
Article 42
Article 43
Article 44
Article 45
Strikes and Illegal Activity 48
Unconstitutionality Clause 51
Duties of Employment 52
Probationary Period - New Employees 53
Probationary Period - Promoted Employees 54
Dismissal/Discharge 55
Resignation 57
Leaves of Absence With Pay 58
Leaves of Absence Without Pay 59
Absence Without Leave 60
Outside Employment 61
Solicitation of or by Employees During 63
Working Hours
Non-Applicability of Civil Service Act, 65
Civil Service Rules and Regulations
and Personnel Policies
Damage to City Property 66
Pension Plan Matters 68
Physicals 69
Comprehensive Drug and Alcohol Abuse 71
Policies and Procedures
Maternity Leave 87
Workers' Compensation 88
Certification Incentive Pay 89
Compensatory Time & Tuition Reimbursement 90
Labor-Management Committee 91
Disability Insurance 92
Article 46
Duration
Signature Page
93
94
ARTICLE 1
PREAMBLE
This Agreement is entered into by the Employer, the City
of Delray Beach, Florida, a municipal corporation, hereinafter
referred to as "City," and the Professional Fire Fighters and
Paramedics of Delray Beach, Local 1842, I.A.F.F., hereinafter
referred to as the "Union," for the purpose of promoting
harmonious relations between the City and the Bargaining Unit
Employees, hereinafter referred to as "Employees," to
establish an orderly and peaceful procedure for settling
differences which might arise and to set forth the basis and
full agreement between the parties concerning rates of pay,
wages, hours of work, and other conditions of employment.
This Agreement shall apply to full time employees in the
following classification; Ocean Rescue Operations Supervisor,
Ocean Rescue Officer and Ocean Rescue Lifeguard Trainee.
ARTICLE 2
RECOGNITION
Section 1
The City recognizes that the Union is the Certified
Bargaining Agent of the Employees for the purpose of
representing the Employees for all matters relating to wages,
hours and terms and conditions of employment.
Section 2
The Union may designate up to three (3) representatives,
and shall notify the City Manager and the Department Head in
writing of the identity of its designated representatives.
The Union President may also designate a Union representative
to represent an Employee in grievance proceedings, and shall
notify the Department Head in advance of any such designation.
An Employee shall have the option of proceeding individually
or by a person of his or her own choosing; provided, however,
that only the Union may request arbitration of a grievance
pursuant to Article 4 of this Agreement.
ARTICLE 3
BARGAINING UNIT
The Bargaining Unit represented by the Union shall be the
Bargaining Unit for which the Union was certified by the
Florida Public Employee Relations Commission, April 19, 2001,
under Case # RC01-001, as amended from time to time.
This Agreement shall apply to full time employees in the
following classification; Ocean Rescue Operations Supervisor,
Ocean Rescue Officer and Ocean Rescue Lifeguard Trainee.
ARTICLE 4
GRIEVANCE PROCEDURE
Section i
A grievance is defined as a dispute involving the
interpretation or application of this collective bargaining
agreement (Agreement). Recommendations of discipline shall be
processed in accordance with and shall be merged into the
grievance procedure. The time frame for an employee to file a
grievance shall begin upon receiving first notice of the
recommended discipline. If a timely initial grievance is not
filed upon receiving notice of the recommended discipline, the
employee shall not be permitted to grieve the final
recommendation of discipline and imposition of discipline
unless a further recommendation or final imposition differs
from the previously recommended discipline. For purposes of
this Article, working days shall mean Monday through Friday
inclusive, but excluding all City holidays (the exclusion to
include any one-half day City holidays).
Section 2
Grievances shall be
following procedure:
Step 1: If an employee
occurred,
working
processed in accordance with the
feels a grievance has
the employee shall within ten (10)
days of the occurrence (or
reasonable discovery thereof), submit a
grievance in writing to his/her immediate
non-bargaining unit supervisor. The written
grievance shall include the following:
(1) A statement of the grievance, including
date of occurrence, and details and
facts upon which the grievance is based.
(2) The article(s) and section(s) of the
Agreement alleged to have been violated.
(3) The action, remedy, or solution
requested by the employee.
grievance shall be signed by the aggrieved
Provided, however, at the employee's request,
The
employee.
a Union representative may represent the employee, in
which case the Union representative may sign the
grievance on behalf of the employee.
The immediate non-bargaining supervisor shall submit
his/her answer in writing within ten (10) working days
after presentation of the grievance.
Step 2: If the grievance has not been satisfactorily
resolved in Step 1, the employee (or the
Union representative on behalf of the
employee) shall present the grievance to the
Department Head or his/her designee, within
ten (10) working days from the day the
response was due in Step 1.
The Department Head, or his/her designee, shall meet
with the employee and/or the Union Representative within
ten (10) working days of receipt of the grievance. The
Department Head or his/her designee shall respond in
writing within ten (10) working days from the day of the
meeting.
Ste~ 3: If a
Section 3
A. If the
grievance has not been satisfactorily
resolved in Step 2, the employee (or the
Union representative on behalf of the
employee) shall present the grievance to the
City Manager, or his/her designee, within
ten (10) working days from the day the
response was due in Step 2. The City
Manager, or his/her designee, shall meet
with the employee and/or the Union
representative within ten (10) working days
of receipt of the grievance. The City
Manager, or his/her designee, shall respond
in writing within ten (10) working days from
the day of the meeting.
grievance has not been satisfactorily
resolved within the procedure set forth in Section
2, the Union (on behalf of the employee) may submit
the grievance to arbitration by notifying the City
Manager, or his/her designee, of its decision to
arbitrate the grievance. Such notification shall be
given within ten (10) working days from the day the
response was due from the City Manager or his/her
designee at Step 3.
B. Prior to arbitration and upon mutual agreement, the
Union and the City may select a mediator and
participate in mediation. Mediation must be
requested within fifteen (15)
calendar days from the
day the City Manager's response in Step 3 was due.
If mediation does not resolve the matter, or if the
parties do not agree to mediate, the Union may
proceed to arbitration.
C. The City will then request the Federal Mediation and
Conciliation Service (FMCS) to provide the parties
with an arbitration panel. The parties shall select
an arbitrator by alternate striking within fourteen
(14) calendar days of receipt of the FMCS list of
arbitrators.
D. The arbitration hearing shall be held within thirty
(30) days after the arbitrator has been selected,
provided the arbitrator is available on a date
acceptable to the parties.
E. The arbitrator shall have jurisdiction and authority
to decide the grievance, as defined in this Article.
However, the arbitrator shall have no authority to
change, amend, add to, subtract from, or otherwise
alter or supplement the Agreement or any part
thereof or amendment thereto.
F. The arbitrator may not issue declaratory or advisory
opinions, and the arbitrator shall be confined
exclusively to the question which is presented,
which question must be actual and existing.
G. If either party elects to file a brief, the brief
must be mailed to (postmarked) to the arbitrator no
later than fifteen (15) calendar days after the
close of the hearing or after receipt of the
transcript if one is ordered, whichever is later.
H. The arbitrator shall render his/her decision within
thirty (30) days of receipt of the briefs or of the
close of the hearing,
I. The decision of the
binding on all parties,
permitted by law.
J. Each party shall bear
and representatives.
the cost of the
whichever is later.
arbitrator shall be
subject to those
final and
challenges
the cost of its own witnesses
The parties shall bear equally
arbitrator. Any party requesting a
Section
copy of the transcript of the arbitration hearing
shall bear the cost of it.
A. The Union retains the exclusive right to request
arbitration or withdraw a grievance (which it has
filed or on which it is the representative) at any
time.
B. The Union
447.401,
employees
grievance.
to pursue
accordance
has the
Florida
who are
In that
his/her
pursuant to Section
to not represent
of the Union in any
event, a non-member who wishes
own grievance may proceed in
right,
Statutes,
not members
with Section 447.401, Florida Statutes.
However, the City will notify the Union and afford
the Union the opportunity to be present at any
grievance meetings or arbitration hearings.
C. Where a grievance is general in nature in that it
applies to a number of employees having the same
issue to be decided, or
between the Union and
present such grievance
if the grievance is directly
the City, the Union may
directly at Step 2 of the
grievance procedure (within the time limits provided
for the submission of a grievance at Step 1).
D. /Lny grievance not processed in accordance with the
time limits provided in this Article shall be
9
considered abandoned. Provided, however, the time
limits set forth in this Article may be extended by
joint agreement of the City and the Union (or of the
employee if appropriate) which is confirmed in
writing. The parties may mutually agree in writing
to waive any time limits or provisions of the
grievance procedure.
Section 5
A. The
arbitrator
authority to
this Article
arbitration shall be conducted under the
rules set forth in this Agreement, not under the
rules of the FMCS. Subject to the following, the
shall have the jurisdiction and
decide a grievance as defined in
and to enforce compliance with the
terms and conditions of the Agreement. In cases
other than a discharge, demotion, or a suspension
of more than seven (7) calendar days for non-
shift Employees or more than two (2) shifts for
shift Employees, the arbitrator shall not
substitute his or her judgment as to the wisdom
or the degree of severity of disciplinary action
imposed on any Employee by the City unless the
City fails to demonstrate by a preponderance of
that the disciplinary action was not
the evidence
10
arbitrary or capricious. In determining whether
the City has demonstrated that the disciplinary
action was not arbitrary or capricious the
arbitrator's inquiry shall be strictly limited to
the following issues:
3 o
Whether the City possessed evidence of the
misconduct before imposing the discipline ultimately
imposed;
Whether the employee is guilty of the misconduct as
charged;
Whether the City considered the nature and severity
of the offense, the circumstances under which the
offense was committed, the employee's past
disciplinary and employment record, the length of
the employee's tenure with the City before imposing
discipline, and if the discipline imposed is
consistent with that imposed upon other employees
who have committed the same or similar offense under
the same or similar circumstance;
Whether the discipline is within that range of
punishment upon which reasonable persons can agree,
notwithstanding that reasonable persons might
disagree upon the specific punishment imposed under
the given circumstances.
If the arbitrator finds that the City has demonstrated
the disciplinary action was not arbitrary or capricious
the discipline imposed by the city shall be upheld. If
arbitrator finds that the City has failed to demonstrate
the disciplinary action was not arbitrary or capricious
arbitrator may determine the appropriate level of penalty.
that
then
the
that
the
A. However, the arbitrator shall have no authority to
change, amend, add to, subtract from or otherwise
alter or supplement this Agreement or any part
thereof or any amendment thereto.
B. The arbitrator shall have no authority to consider
or rule upon any matter which is stated in this
Agreement not to be subject to the arbitration,
which is not a grievance as defined in this Article,
or which is not specifically covered by this
Agreement.
C. The arbitrator may not issue declaratory or advisory
opinions and the arbitrator shall be confined
exclusively to the question which is presented,
which question must be actual and existing.
D. Copies of the award of the arbitrator, made in
accordance with the jurisdictional authority under
shall be furnished to both parties
this Agreement,
12
in writing within thirty (30) days of the hearing
and shall be final and binding upon both part~es.
E. It is contemplated that the City and th~ Union shall
mutually agree in wr%ting as to the statement of the
matter to be arbitrated prior to a hearing~ and if
this is done, the arbitrator Sha'll ~co~fine the
decision to the particular matter thus specified.
In the event of the failure of the parties to so
agree on a statement of issue to be submitted, both
the Union and the City shall submit a written
statement of the grievance and the arbitrator shall
confine consideration to the written statement or
statements submitted. This clause, however, shall
not be construed to permit either party to present
issues through their written statements that would
not otherwise be subject to the grievance and
arbitration provisions of this Contract.
Each party shall bear the expense of its own
witnesses and its own representatives. The parties
shall bear equally the expense of the impartial
arbitrator. Any party requesting a copy of the
transcript of such arbitration hearing shall bear
the cost of same.
13
Section 6
In all steps of this grievance procedure, the Employee
may seek the assistance of the agent or representatives of the
Union and may request Union representation at any stage of the
grievance procedure should the Employee so desire, provided
that an Employee may not proceed to arbitration (Step 5)
without the Union's agreement.
Section 7
All discharge grievances, and any other grievances
mutually agreed upon for expedited processing, shall be
arbitrated on an expedited basis. To accomplish this goal,
the City and the Union agree upon the following procedures for
expedited cases.
A. After an arbitrator has been selected, the
arbitration hearing shall be held no later than
ninety (90) calendar days thereafter, unless the
arbitrator is unavailable within this ninety (90)
calendar day period.
B. Briefs, if any, must be filed with the arbitrator no
later than twenty (20) calendar days after the close
of the hearing, or after receipt of the transcript,
if a transcript is requested.
C. The parties shall request that the arbitrator render
an opinion within twenty (20) calendar days of
receipt of the briefs.
ARTICLE 5
DUES CHECK OFF
Upon the Union's notification to
make arrangements with the City for
union dues and uniform assessments.
request from the Employee, the City will deduct
uniform assessments from the subject Employee's
and remit the amount deducted to the Union.
The Union agrees to indemnify, defend,
harmless from and against all claims,
the City, Employees may
a payroll deduction of
Upon receiving a proper
such dues and
compensation
and hold the City
costs, demands,
expenses,
uniform assessments erroneously collected by the
remitted to the Union. The Union further agrees
the City any amounts paid to the Union in
presentation of proper evidence thereof.
judgments or other liabilities on account of dues or
City and/or
to refund to
error upon
16
ARTICLE 6
DISCRIMINATION
Ail employees shall have the right to form, join and
participate in, or to refrain from forming, joining or
participating in any employee organization of their own
choosing, including the Union. Neither the City nor the Union
shall interfere with, restrain or coerce public employees in
the exercise of any rights guaranteed them under Chapter 35 of
the Delray Beach Code of Ordinances or the provisions of this
Agreement.
17
ARTICLE 7
UNION BUSINESS
Section 1
Employees who are Union officials or their designees may
be permitted by the Department Head or his or her designee to
swap shifts during the contract year to conduct Union
business, provided a written request is submitted at least
seventy-two (72) hours prior to the time-off period whenever
possible, and provided such request is approved by the
Department Head or his or her designee, such approval not to
be unreasonably withheld. No additional overtime shall be
paid to employees as a result of such swapping of time,
notwithstanding the provisions as set forth in Article 12,
OVERTIME, of this Contract. All such swapping of time must be
completed within a six (6) month period of time unless
extended with the approval of the Department Head. Ail
swapping shall be purely voluntary on the employee's part
shall be solely for the employee's benefit and not that of
City; therefore,
time swapping.
such
and
the
no overtime shall be paid as a result of such
]8
Section 2
Only authorized Union officials or their designees may
withdraw time from the Time Pool for the purpose of conducting
Union business, provided the administrative procedures and
forms are submitted to and approved by the City. Ail such
time pooling shall be purely voluntary on the employee's part
be solely for the employee's benefit and not
therefore,
pooling.
no overtime shall
The City agrees
Vacation
that of
be paid as a result of
that the employees can
Time and Compensatory Time
and shall
the City;
such time
donate Personal Holiday,
to the Union Time Pool.
Section 3
The City agrees to schedule negotiations, whenever
possible, on weekdays when the Union negotiating team is off
duty and on weekends when convenient for the City's
negotiating team.
19
ARTICLE 8
CORRESPONDENCE
Unless specific deadlines are otherwise provided for in
other articles of this Contract, the administrative officials
of the City shall attempt to answer any written correspondence
in writing within a reasonable amount of time. The Union's
address for receiving correspondence is: Post Office Box 583,
Delray Beach, Florida 33447. The Union shall notify the City
Manager and Department Head in writing of any change of
address.
20
ARTICLE 9
BULLETIN EOAI~D S
The Union may provide a serviceable bulletin board in the
Ocean Rescue Headquarters meeting room for use by the Union in
posting notices of Union business and activities. Ail
materials posted must be signed by an officer of the Union,
who shall be held responsible for the content of such
materials. A copy of all such materials shall be provided to
the Department Head in advance of such posting.
The bulletins, notices or materials posted shall contain
nothing of a political nature (excluding political material
relating to Union elections) and nothing of a derogatory
nature toward the City, its elected officials, its officers or
employees.
2!
ARTICLE 10
HOURS OF WORK
Section 1
The workweek for regular full-time employees shall be
forty {40) hours. The number of hours per day and the number
of days per week shall be five, eight hour days or four, ten
hour days as determined by the Department Head. Ocean Rescue
Supervisors shall work four, ten hour days. The Normal Ocean
Rescue work schedule shall include Saturday and Sunday.
Section 2
It is recognized and understood that deviations from the
foregoing schedules of work will be necessary and will
unavoidably result from several causes, such as but not
limited to: vacation, leaves of absence, weekend and holiday
duty, absenteeism, employee requests, temporary shortage of
personnel and emergencies. When scheduled days off for Ocean
Rescue personnel are rescheduled, the City will provide the
employee
employee
the
with thirty days' written notice of the change. The
shall have the opportunity to respond in writing to
change within fifteen days prior to the scheduled change,
provided however, the City retains the right to unilaterally
make the change. No such deviation shall be considered a
violation of this Contract.
22
Section 3
For all employees the work hour shall be broken down into
four (4) fifteen (15) minute segments. An employee shall be
noted as late for work if the employee does not report ready
for work at the assigned work station at the assigned starting
time. If an employee reports for work late, eight (8) minutes
or more after starting time, the employee shall be docked in
major segments of one-quarter of an hour.
23
ARTICLE 11
RECALL
Section i -- Recall Pay
Employees who are recalled to work because of shortage of
personnel or other situations will come to work immediately.
They shall be paid according to the provisions of Article 12,
OVERTIME; subject to a minimum of two (2) hours.
Section 2 -- Ocean Rescue
Ocean Rescue personnel procedures for recall shall be
pursuant to the Ocean Rescue Standard Operating Procedure
effective 1/01/02.
24
ARTICLE 12
OVERTI~
Section i - Ocean Rescue
A. Full-time Ocean Rescue staff will be compensated
of time-and-a-half based on a forty
any hours worked over forty (40)
at a rate
(40) hour work week for
during the normal work
week. Because the Ocean Rescue Division works 365 days a
year and are not given the traditional City Holiday's off,
the full-time staff shall be compensated at the rate of
time-and-a-half during official City holidays (1.5 x # of
holiday hours during pay period) when employee attains a
minimum of forty (40) hours worked during the pay period.
25
ARTICLE 13
SALARIES
Section 1
It is agreed between
shall be as follows:
the parties that the salary
Fiscal Year 2001-02
Minimum Maximum
Ocean Rescue Oper. Supv. 29,458
Ocean Rescue Officer 23,385
Ocean Rescue Lifeguard Trainee 21,857
Fiscal Year 2002 - 03
44,555
35,371
33,057
Ocean Rescue Oper. Supv.
Ocean Rescue Officer
Minimum Maximum
Ocean Rescue Lifeguard Trainee 22,513
30,342 45,892
24,087 36,432
34,049
schedule
Section 2
Effective for fiscal years 2001-02 and 2002-03, employees
shall be eligible to receive an individual performance
increase, being in the range of 0% through 5% inclusive. Such
individual performance increases shall be received on the same
Citywide terms, conditions, and subject to the limitations
applicable to other general City employees, excepting:
26
A. Said individual performance increases shall be granted
pursuant to the appropriate Employee Performance
Evaluation criteria and forms as determined by the City.
B. Employees shall also be eligible to receive incentive
increases in accordance with City policy, outside, and in
addition to the salary ranges set forth in Section 1.
An employee who reaches or is at the maximum amount of
the salary range during fiscal years, 2001-02, and 2002-03 and
who receives only a portion of the recommended Performance
Increase for such fiscal year, may be eligible for a lump sum
bonus. The maximum bonus shall be the amount of the
performance evaluation recommended and not received. In order
to be considered for the lump sum bonus, an employee must have
had a commendable or competent performance evaluation. In
addition the employee shall not have had any sustained
discipline resulting in disciplinary suspension imposed upon
them during the evaluation year for which the bonus would be
paid and shall not have any at fault accidents in excess of
the current deductible
Head shall review the
recommendation of this
observed by the City.
employee's departmental
special bonus. Thought
The Department
performance for
shall be given
to the most current and important goals and objectives of the
Department and the employee's contribution to such goals. The
special bonus shall not be unreasonably withheld.
27
Section 4
The bonus paid to qualifying employees shall be paid for
the years specified in this Article only. Absent future
agreement of the parties, employees shall not be entitled to a
lump sum bonus beyond September 30, 2003.
ARTICLE 14
WORKING OUT OF CLASSIFICATION
Section 1: Vacant Position
Any Employee assigned to a vacant position which is
higher than his/her normal job classification shall be
compensated at
for the higher position beginning
on the seventh (7th) working day of continuous work in such
higher position. A vacant position shall be defined as a
regular, full-time, budgeted position which is currently
unfilled. A vacant position shall not be construed to include
the pay rate
temporarily absent from
duty. Such temporary absences from duty shall include, but
not be limited to, the following: illness, vacation,
attendance at conferences and other City business, attendance
at school or other educational programs, leaves of absence or
absence without leave.
Section 2: Employee Absence
an occupied position whose
occupant is
An Employee assigned to a filled position whose occupant
is temporarily absent from duty, which position is higher than
his/her normal job classification, shall be compensated at a
rate five percent (5%) above his/her normal job
classification. In order to receive credit for working in such
a higher position, the Employee must work at least fifty
percent (50%) of any such shift or working day, with no
29
accruals of any portions of any shifts/working days which are
less than fifty percent (50%). A temporary absence from duty
shall be defined as an absence from a duty position due to one
of the following: illness, vacation, attendance at conferences
and other City business,
leave.
Section 3 - Ocean Rescue
leave of absence or absence without
For Ocean Rescue the procedures for working out of
classification shall be pursuant to Ocean Rescue Standard
Operating Procedures effective 1/1/02.
30
ARTICLE 15
VACATION
Section 1
Ail regular employees shall earn vacation leave.
Employees become eligible to use accrued vacation after one
(1) year of continuous service and may then use vacation as it
is earned. Vacation will be earned at the monthly rate as
identified in Section 2.
Section 2
Years of continuous service
Over, But Less than
0 years 3 years
3 years 7 years
7 years 11 years
11 years
Section 3
Continuous
in which there
involuntary
Absence due
sick leave
service.
construed as an
Shift/Non-shift Employees
Vacation hours earned
12.00/8.00 per month
14.00/9.33 per month
16.00/10.66 per month
18.00/12.00 per month
service shall be considered to be any service
has been no interruption by resignation, or by
separation or lay-off in excess of one year.
to military service, injury in line of duty, or
with pay shall not serve to interrupt continuous
Absence due to leave without pay shall not be
interruption of continuous service, but
3!
vacation benefits shall not be accrued during such leave for
any month in which the employee does not work a period of
fifteen (15) days or more.
Section 4
Vacation Leave shall be used only with the prior approval
of the supervisor.
Subject only to the
services, as determined
requirement of maintaining essential
by the Department Head, seniority
shall govern in the scheduling of vacations.
Section 5
The maximum number of vacation hours
accumulated at any time are as follows:
allowed to be
Average Scheduled Work Hours Per Week
40
Section 6
Employees starting to
month will accrue vacation
starting to work after the
vacation leave the following month.
Section 7
Any vacation time earned
forfeited.
vacation is
Maximum Accumulated
Hours
288
work on or before the 15th of the
leave for that month. Employees
15th of the month begin accruing
in excess of the above will be
No additional accrual or payment in lieu of taking
authorized unless prior approval is granted by the
32
City Manager. When an extraordinary workload such as might be
caused by special projects or position vacancies, preclude an
employee taking vacation, the City Manager may approve accrual
of excess vacation. In such cases, the excess vacation must
normally be used during the next quarter of the year.
Section 8
An Employee resigning from the service of the City in
good standing may be paid for any vacation credit accumulated
prior to resignation, provided:
A. He has completed one year of continuous service.
B. He gives at least two weeks' written notice of
his/her intent to resign.
Section 9
Employees who retire from the City under the General
Employee Pension will be paid for any vacation credit
accumulated prior to the date of retirement, provided:
The Employee gives at least two weeks' written notice of his
intent to retire.
Section 10
In case of death of an employee, payment for unused
vacation leave shall be made to the employee's beneficiary,
estate, or as provided by law.
33
Section 11 - Ocean Rescue Vacatio~
For Ocean Rescue the procedures for vacation selection
shall be pursuant to the Ocean Rescue Standard Operating
Procedure effective 1/1/02.
34
ARTICLE 16
HOLIDAYS
Section i - Ocean Rescue
The following days are official holidays for the City of
Delray Beach:
New Year's Day
Martin Luther King, Jr., Birthday
Presidents Day (3rd Monday in February)
Memorial Day (last Monday in May)
Independence Day
Labor Day (1st Monday in September)
Thanksgiving Day
Thanksgiving Friday
Christmas Eve
Christmas
Personal Holiday (1 per fiscal year)
And any other day declared by the City Commission to be a
legal holiday. The Personal Holiday will be granted on a date
selected by the employee, provided the employee has six (6)
consecutive months of regular full-time service with the City.
The date selected must be approved by the Department Head.
Ocean Rescue employees shall report to work on all holidays as
scheduled.
Section 2
Employees who are on leave without pay on the day
preceding and the day following a holiday or who are absent
without leave on the day preceding or the day following a
holiday shall be considered as absent without pay on the
holiday and shall not be compensated for the holiday.
ARTICLE 17
SICK LEAVe.
Section 1
The Union recognizes
which an Employee may use
allowed only for the following:
A. Employee,s injury, illness or
to contagious disease.
B. Actual illness of a member of
household (wife, husband, child
the Employee is required.
The City, at its sole discretion,
any time to make inquiry of the subject
determine that the sick leave privilege was
the reasons set forth in this section.
Section 2
that sick leave is not a privilege
at his discretion and it shall be
quarantine due to exposure
an Employee's immediate
or parent) where care by
has the authority at
Employee in order to
exercised only for
Except as otherwise provided, all regular, full-time
employees may be given sick leave with pay at the rate of one
working day for each calendar month of continuous service
during which there were no absences without leave, provided:
A. Sick leave credits shall accrue during the first six
months of service, but shall not be granted until
completion of six months of continuous service.
36
If employment begins on or before the fifteenth day of
the month sick leave credit shall be given for the entire
month. If employment begins after the fifteenth day of
the month sick leave will not be credited until the first
day of the following month.
If an employee works less than half the normal work days
during a month for reasons other than vacation, sick
leave shall not be credited for that month.
Sick leave credits shall be available for use on the
first day of the month following the month in which
earned.
The maximum sick leave accumulation that may be accrued is
one hundred forty (140) days. The Employee may bank all
unused sick leave each year until the one hundred forty
(140) day maximum is reached.
Section 3
Employees who resign in good standing shall receive pay
at their then regular rate for the portion of their accrued
sick leave stated below, not to exceed a total payment of 70
days.
37
Years of Service
0 5
5 - 10
10 - 15
15 - 20
Employees who retire
20 years under the City
Pension shall receive pay
Percentage of Accrued Sick
Leave to be Paid
25%
5O%
75%
from the City in good standing after
for their total amount of accrued sick leave,
the maximum allowed accrual of 140 days.
of Delray Beach General Employees
at their then regular hourly rate
not to exceed
Section 4
Employees who desire to take
their immediate supervisor on duty,
sick leave shall report to
prior to the start of the
first
shall be considered as absent without leave. Employees should
report in sick at least thirty (30) minutes prior to the
beginning of the work day. The Department Head may
investigate such absences to determine their validity. When
absence is for three or more consecutive working days, the
Department Head may require the employee to provide a
certificate from a physician, certifying to the actual
disability of the Employee, or may require a letter from the
work day of their illness or disability, otherwise they
Employee explaining the reasons
for such absence.
38
Section 5
In cases of death of an employee, payment for unused sick
leave shall be made to the employee's beneficiary, estate, or
as otherwise provided by law, in accordance with Section 4 of
this Article.
39
ARTICLE 18
BEREAVEMENT LEAVE
Section 1
The City agrees that when a death or critical illness in
which death appears to be imminent, occurs in the family
(family being herein defined as follows: father, mother,
brother, sister, spouse, child, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law,
grandparents, grandchild, foster parents, foster child, step-
mother, step-father, or step-child; no other persons shall be
contained within the definition of family except as
specifically set forth herein) of an employee, the employee,
may be allowed three (3) working days bereavement leave with
pay, provided, however, such leave may not be used on more
than one occasion per family member, as defined above.
Section 2
The employee may be required by the Department Head to
furnish evidence of the facts justifying the use of
Bereavement Leave.
4O
ARTICLE 19
HEALTH INSUI~ANCE
A. The City agrees to pay the total medical and
hospitalization HMO insurance premium for all regular,
full-time employees for the coverage that is in effect
for general employees. All regular, full-time employees
shall pay the total medical and hospitalization insurance
premiums for any dependent coverage which they may elect.
B. The City may change such coverage, provided that the
change in coverage is in conjunction with a change in
coverage for a substantial portion of the general
employees of the City, and that after such change, the
City will pay the HMO AND POS hospitalization premium for
all employees under the new coverage. Ail
time employees shall pay the total
hospitalization insurance premiums for
coverage which they may elect.
C. The City will provide the Union
regular, full
medical and
any dependent
with notice of any
changes in such coverage or in the premiums for dependent
coverage there under as soon in advance of the effective
date as is reasonably possible.
Section 2
The parties agree that state or federally mandated health
insurance plans may impact the parties' rights and
4!
obligations. The parties agree that if there are such
mandates during the duration of this Agreement, the impact
thereof shall be subject to bargaining.
Section 3
The City reserves the right to change the medical and
hospitalization insurance carrier, but the level of deductible
and insurance benefits provided to bargaining unit employees
shall not be reduced during the term of this Agreement.
Section 4
The City will maintain an insurance committee to discuss
and review the City's insurance programs(s), and to make
recommendations to the City Manager regarding the City's
insurance program(s). Any proposed changes in the City's
insurance program(s) shall be discussed by the insurance
committee before the changes are implemented. The insurance
committee
will be composed of one representative from each of
the bargaining units in the City, appointed by the union
representing that unit, a representative of the non-bargaining
unit employees of the City, and management representatives.
The City Manager will select the management members of the
insurance committee.
42
Section 1
Seniority shall
ARTICLE 20
SENIORITY
be administered pursuant to the Ocean
Rescue Standard Operating Procedures effective 1/1/02.
43
ARTICLE 21
POSTING OF THIS AGREEMENT
The City will make available to the Union (3) copies of
this Agreement and the Union will post a copy on the Union
bulletin board provided pursuant to this Agreement at Ocean
Rescue Headquarters.
44
ARTICLE 22
MANAGEMENT RIGHTS
Section 1
The City of Delray Beach shall have the right, subject
only to express restrictions in this Agreement, to exercise
its own discretion unilaterally on all of the following
matters, when in its sole discretion it may determine it
advisable to do any or all of the following:
A. To manage and administer the affairs of the City
generally.
B. To decide the purpose of each of its constituent
agencies.
To set standards of
To exercise control
and operation.
service to be offered to the public.
and discretion over its organization
E. To direct its Employees.
F. To take disciplinary action and dismiss Employees for
just cause as to both non-probationary and probationary
promoted Employees, and to take disciplinary action and
dismiss with or without cause as to new probationary
Employees.
To relieve its non-probationary Employees from duty
because of lack of work and other legitimate reasons, to
remove a promoted probationary Employee from the position
45
to which he was promoted with or without cause, in which
event the removed promoted probationary
Employee shall be returned to the position from which he
was promoted (but this shall not be construed as a
limitation on or a waiver of the City's right to dismiss
or discipline such a
just cause pursuant
promoted probationary Employee for
to subsection F, above), and to
remove other promoted probationary Employees which may be
necessary because of the return of this Employee to his
former position. To relieve other probationary Employees
from duty for any reason, with or without cause.
To determine and re-determine work schedules subject to
the provision of Article 10 relating to type of shifts to
be worked by the Employees.
To maintain order and efficiency in its operations.
To determine and re-determine the number of hours to be
worked, subject to the provisions of Article 10.
To require Employees to be in good
condition so that they are able to
duties of fire department personnel.
To promulgate reasonable rules and
Employees not in conflict with the
physical and mental
perform the normal
regulations for its
provisions of this
shall
agreement, except that such rules and regulations
be presumed reasonable in any grievance procedure.
46
To set the standards and procedures
testing, selection procedures and
positions in the appropriate department.
To require enhanced supervision of
Employees
for application,
appointment to
non-probationary
circumstances.
Section 2
In addition to the
Section 1, the City of
rights and prerogatives
To take disciplinary action against Employees who violate
any provisions of this contract or any rules and
regulations promulgated by the City not in conflict with
the provisions of this agreement.
Under reasonable circumstances, to dismiss or otherwise
relieve from duty Employees who have contracted or
developed some mental or physical ailment or defect which
incapacitates him/her for duty in the City service.
both probationary and
under reasonable
Management
Delray Beach
which in the
exercised or could have lawfully
subject only to express restrictions
as are provided in this Agreement.
Rights enumerated in
shall have all other
past it has lawfully
exercised unilaterally
on such rights, if any,
47
ARTICLE 23
STRIKES AND ILLEGAL ACTIVITY
Section 1
A "strike" shall be defined as the concerted
report for duty, a concerted absence of Employees
positions, a concerted stoppage of work, a
submission of resignations, a concerted abstinence
failure to
from their
concerted
in whole or
in part by Employees from the full and faithful performance of
of employment with the City of Delray Beach, or
in a deliberate or concerted course of conduct
the City of Delray
for work after the
their duties
participating
which adversely affects the services of
Beach, the concerted failure to report
expiration of a collective bargaining agreement.
Section 2
The Union recognizes that
prohibited by Article
and Section 447.505, Plorida
to authorize, instigate,
defined in this article,
Statutes.
or otherwise
and to undertake
prevent or terminate any strike which occurs
of this commitment.
strikes by public Employees are
Section 6 of the Florida Constitution
The Union agrees not
support a strike, as
its best efforts to
in contravention
48
Section 3
The Union recognizes that it and all acting in concert
with it shall be liable to the penalties set forth in Section
447.507, Florida Statutes, and Chapter 20 of the Code of
Ordinances of the City of Delray Beach in the event of a
strike in violation of this Article; provided, the Union shall
not be liable for such penalties for a strike it did not
authorize, instigate or otherwise support if the Union has
complied with the requirements of Section 2, sentence 2 of
this article, and provided further it shall be the Union's
affirmative obligation to show such compliance.
Section 4
The City of Delray Beach shall have the right to
unilaterally terminate the employment of any Employee engaging
in the strike. The only issue which shall be grievable with
reference to the termination is whether or not the Employee
was in fact engaged in a strike.
Section 5
In the event of a strike, the Union will notify the
employees and inform them that a strike is illegal under
Florida Law, of the sanctions which may be imposed against the
Union and participating employees for a strike, and further
instruct striking employees to immediately return to work. The
Union agrees that the notification will be in writing and will
be made in good faith effort to get the employees to return to
49
work. Such conduct shall exonerate the Union from all
penalties which may be imposed under this agreement.
50
ARTICLE 24
UNCONSTITUTIONALITY CLAUSE
Should any section or portion of this agreement be held
unlawful and unenforceable by any court of competent
jurisdiction, such decision of the court shall apply only to
the specific section or portion thereof, directly specified in
the decision. Upon the issuance of such decision, the parties
agree to immediately negotiate a substitute, if possible, for
the invalidated section or portion thereof. Any remaining
portions of this agreement shall remain in full force and
effect and shall not be affected thereby.
5]
ARTICLE 25
DUTIES OF EMPLOYMENT
Section 1
Employees are required to arrive
making them ready, willing and able,
rested, in order to perform all of
tasks.
Section 2
for work in a condition
including being well-
their assigned duties and
Duties of employment shall be observed pursuant to the
Ocean Rescue Standard Operation Procedures effective 1/1/02.
52
ARTICLE 26
PROBATIONARY PERIOD - NEW EMPLOYEES
The probationary period for all new Employees covered by
this Agreement shall be one (1) year from the date of hire
excluding time spent outside the department for the purpose of
obtaining firefighter or paramedic certification.
Probationary Employees shall have no right to utilize the
Grievance/Arbitration procedure contained in this Agreement or
any other policy or procedure for any matter concerning
discharge, suspension or other discipline.
53
ARTICLE 27
PROBATIONARY PERIOD - PROMOTBD EMPLOYEES
There shall be a probationary period of one year for each
Employee who is promoted to a higher classification within the
Bargaining Unit. This probationary period shall commence from
the Employee's initial regular assignment to the higher
classification. During the one year probationary period, the
City Manager or his or her designee shall have the right to
remove the probationary Employee from the position to which
that Employee was promoted. Any probationary Employee so
removed shall have no right to appeal said action under the
provisions of this Agreement, or any other policy or
procedure.
A probationary promoted Employee who is removed from the
position to which that Employee was promoted, shall return to
the position from which that Employee was promoted (however,
this shall not be construed as limitation on or a waiver of
the City's right to dismiss or discipline such a probationary
promoted Employee). Other probationary promoted Employees may
also be removed and returned to their former positions if made
necessary because of the return of such a probationary
promoted Employee to his or her former position.
54
ARTICLE 28
DISMISSAL/DISCIPLINE
Section 1
The City Manager or his
or otherwise discipline any Employee
Section 2
The
Employee
dismisses
outlining
time such
mentioned
Head.
Section 3
designee may at any time dismiss
for just cause.
City Manager shall furnish the non-probationary
and the promoted probationary Employee whom he
from the City service, with a written statement
in detail reasons for the removal and the date and
removal becomes effective. A copy of the above-
statement shall also be furnished to the Department
If criminal charges have been formally instituted against
an Employee, the City Manager may place said Employee on leave
of absence with or without pay, or reassign to an
administrative position after 15 days written notice.
During such leave of absence, the City may investigate
and take appropriate disciplinary action against the Employee.
However, if the Employee is subsequently found not guilty by a
trial court of all the criminal charges which had been
instituted against the Employee, and if no disciplinary action
has been instituted, the Employee shall be reinstated and
awarded back pay for the period of said leave of absence.
Section 4
The City shall notify Employees of the institution of any
administrative review or investigation, the result of which
could ultimately result in the imposition of discipline
against the Employee(s) known by the City at said time to be
involved, within ten (10) working days of the incident which
gave rise to the review or investigation or the Department
Head's or Acting Department Head's knowledge of such
whichever is
herein shall
incident,
later. Furthermore, although nothing contained
preclude the City from increasing,
decreasing or
otherwise modifying any intended degree of severity of such
discipline prior to the time such discipline is imposed by the
City, the City may not impose additional discipline against
Employee(s) for the same incident and based upon the same
facts and circumstances unless there is evidence of additional
information not known to the City at the time of discipline
being imposed which can support the additional discipline, and
further such restriction shall not prevent the City from
utilizing such discipline as part of a progressive discipline
program or as part of the Employee's employment record for
further disciplinary actions or personnel purposes.
56
ARTICLE 29
RESIGNATION
Section 1
Any Employee who wishes
give the Department Head a
intention at least two
resignation is to become
to resign in good standing shall
written notice of his or her
(2) weeks prior to the date said
effective, or shorter notice, with
the approval of the Department Head. Notice of resignation
shall be immediately forwarded to the Human Resources Director
together with said Employee's termination forms.
Section 2
If any Employee resigns without giving the required
notice, the Department Head shall notify the Human Resources
Director; the Human Resources Director shall enter this fact
into the Employee's personnel records; and failure to give
such required notice of resignation may be considered
sufficient reason for rejecting any future application of said
Employee to reenter City service. The Department Head may
enter a good standing notation into the records of an Employee
who fails to give two weeks' notice if he or she feels there
were extenuating circumstances.
57
ARTICLE 30
LEAVES OF ABSENCE WITH PAY
Employees may be granted leaves of absence with pay upon
approval of the Department Head and the City Manager for the
following:
1. Jury duty or other required appearances before a court or
other public body except such appearances required
because of the personal matters of the employee or his or
her family.
2. Official training courses such as conferences,
conventions, workshops or similar meetings approved by
the City.
Under these provisions, no overtime pay will be
considered. Leaves of absence with pay will not be considered
as hours actually worked in the computation of time-and-a-half
payment of overtime at the end of the work cycle during which
they occurred unless such leaves are directly concerned with
City business and the employee was directed by the Department
Head to use such leave in order to conduct City business.
58
ARTICLE 31
LEAVES OF ABSENCE WITHOUT PAY
Section 1
Leave without pay, not to exceed one (1) year, may be
granted by the City Manager on recommendation of the
Department Head to any employee who has entered upon a course
of training or study for the purpose of improving the quality
of his or her service to the City, or fitting himself or
herself for promotion.
Section 2
Upon written request of an employee and approval by the
Department Head, the City Manager may grant a leave of absence
without pay when it will not result in undue prejudice in the
interest of the City.
ARTICLE 32
ABSENCE WITHOUT LEAVE
Section 1
An absence of an Employee from duty, including any
absence for a single day, that is not authorized by a specific
grant of leave or absence under the provisions of this
Agreement, shall be deemed to be an absence without leave. In
determining whether a specific grant of leave of absence
exists, it is understood by both parties that the leave
request forms must be signed by the employee and the
employee's supervisor before taking the leave in all cases
except sick leave or bereavement. Any such absence shall be
without pay.
Section 2
Any Employee who is absent from duty for three (3)
consecutive days without securing leave from the immediate
supervisor or without notifying him of the reason for such
absence and the time he expects to return, may be considered
to have resigned without notice. For forty (40) hour
personnel, three (3) consecutive days shall mean three (3)
work days.
Section $
Ail such unauthorized leaves shall be promptly entered
into the Employee's personnel records and shall be considered
in his merit ratings.
ARTICLE 33
OUTSIDE EMPLOYMENT
Section 1
No member of the Bargaining Unit may hold outside
employment unless the employee's written request for approval
of such employment is recommended for approval by the
Department Head and reviewed by the Human Resources Director.
The granting of such approval depends upon the following:
A. Assurance that the employee's City position is of primary
importance;
B. Consideration of the effect the outside employment may
have upon the efficiency of the requesting employee; and
Determination as to the compatibility of the outside
employment with City employment.
Section 2
Application forms
for outside endeavors shall be provided
by the City, and approval of such shall be for a maximum
period of twelve (12) months, renewable January 1st of each
year. Outside employment shall be deemed to include ownership
or part ownership of a business, as well as independent
contracts by employees to provide labor, services or
materials.
Such applications shall list the specific job or service
and outside employer for all outside employment which arises
6!
on permanent or reoccurring basis; provided, however, that
applications listing general labor services shall be
acceptable for infrequent, nonrecurring outside employment.
Section 3
No member of the Bargaining Unit may work at any
previously approved outside employment, nor at any future
outside employment, while said member is on injury leave or
restricted duty for a workers' compensation injury, unless
additional express approval for such outside employment is
obtained by the Member from the Department Head and the City
Manager, who shall take into consideration the
recommendation(s) from the employee's physician and/or from
the City's physician, in conjunction with the criteria set
forth in Section 1, above.
62
ARTICLE 34
SOLICITATION OF OR BY EMPLOYEES DURING WORKING HOURS
Section 1
Unless specifically
solicitations among City
authorized by the City Manager, all
employees during working hours for
purposes and selling of
commercial, charitable or union
tickets, magazines and other merchandise,
applies to solicitation by City employees,
who are not employees of the City.
Section 2
Employee
representatives,
hereby prohibited from:
A. Soliciting public
is prohibited. This
as well as persons
organizations, their members, agents or
or any persons acting on their behalf are
employees during working hours of any
employee who is involved in the solicitation.
Distributing literature during working hours in areas
where the actual work of public employees is performed,
such as offices, warehouses, schools, police stations,
fire stations, and any similar public installations.
This section shall not be construed to prohibit the
distribution of literature during the employee's lunch
hour or in such areas not specifically devoted to the
performance of the employee's official duties.
63
Soliciting for commercial, charitable, or union purposes
and selling of tickets, magazines or other merchandise
while in City uniform or attire, or while using City
vehicles or equipment; provided, however, that subject to
the express approval of the Department Head in advance,
employees shall be permitted to solicit other employees
at their job site during non-working hours for purposes
of collecting donations for charitable organizations or
causes.
Exerting undue influence on or harassing public employees
during working hours relative to such solicitations as
referred to in Section 1, above.
64
ARTICLE 35
NON-APPLICABILITY OF CIVIL SERVICE ACT, CIVIL SERVICE
RULES AND REGULATIONS AND PERSONNEL POLICIES
It is understood and agreed that the Civil Service Act
and the Civil Service Code of Rules and Regulations of Delray
Beach and any amendments thereto and the Personnel Policies
shall have no applicability whatsoever to the Employees
covered by this Agreement.
ARTICLE 36
DAMAGE TO CITY PROPERTY
Section 1
Each Employee shall exercise due caution in the care and
handling of all tools and equipment which may come into his or
her custody, or over which he or she may have a degree of
control. When in the judgment of the City a tool or piece of
equipment is no longer safe or effective, due to normal wear
and tear, the defective item shall be turned in to the City
for replacement, or piece or equipment
shall be replaced by the the defective item is
presented by the Employee. and equipment issued to
No defective tool
City until
Ail tools
an Employee by the City shall be returned to the City prior to
the Employee leaving City employment in the same condition as
same was issued (normal wear and tear excepted).
Section 2
The actual
lost) personal
by the City
occurred in
reimbursement be made where
cost to repair any damaged (or to replace any
property of an Employee, including clothing,
watches and prescription eye-glasses or contact lenses, normal
wear and tear excepted, shall be reimbursed to said Employee
if the Employee proves to the City that such
the line of duty. In no event shall such
it is determined by the City that
such damage or loss was the result of the Employee's
66
carelessness,
where such personal
related equipment.
limitation on such
more than one hundred dollars
and provided further that in
for any article of personal
negligence and/or intentional misconduct or
property is not a part of his or her job-
Furthermore, in all instances, the
reimbursement from the City shall be no
($100o00) per incident or claim;
no case shall the reimbursement
property exceed the reasonable
replacement cost as determined solely by the City.
67
ARTICLE 37
PENSION PLAN MATTERS
Section i - Ocean Rescue
A. Ocean Rescue employees shall continue to be covered by the
General Municipal Employees Pension Plan.
ARTICLE 38
ANNUAL'PHYSICALS
Section I
The union agrees that the City shall conduct annual
physicals including drug and alcohol screening for all
employees covered by this agreement, and that such annual
physicals for employees age 40 and over shall be more
comprehensive for such employees at five (5) year intervals.
Personnel shall be scheduled for their annual physical
by the first letter of their last name. The
scheduled during the last quarter of
alphabetically
annual physical shall be
the City's fiscal year.
Section 2
The City shall provide,
and CO2 levels, Pulmonary
on an annual basis at the time of
the Employee's annual physical, a blood screening for
infectious diseases for all Employees, which shall include but
not be limited to blood screening for all Hepatitis strains,
lipid profile and profile 7 laboratory studies which includes
information on cholesterol levels of LDL and HDL,
Triglycerides, Glucose, BUN, Creatinine, Sodium, Potassium
Function and Audiometry Test.
69
Section 3
The City shall make available the following immunization
for all Employees. Employees not wishing to receive
immunizations shall sign a waiver indicating their refusal.
B.
C.
D.
Diphtheria Pertussis-Tetanus -
Hepatitis (Type B) every 5 years
Rubella (for females of child bearing age)
AIDS (If an F.D.A. approved vaccine
during the term of this Agreement).
every 5 years
- as needed
becomes available
7O
ARTICLE 39
COMPREHENSIVE DRUG AND ALCOHOL POLICY AND PROCEDURF
The
agreement
in general.
widespread throughout our community and nation. As part
our commitment to safeguard the health of our employees,
provide a safe environment for our employees to work and
promote a drug free community,
dealing with the problem of
policy is intended to be corrective,
application.
I. Definitions
For purposes of this policy, the following definitions apply:
A. "Alcohol" means ethyl alcohol (ethanol.) References to
use of alcohol include use of a beverage, mixture or
preparation containing ethyl alcohol.
B. ~Alcohol Abuse" means the use or being under the
influence of alcohol or alcoholic beverages on the job by
City Employees is strictly prohibited.
City recognizes that employees covered by this
are not immune from the problems which face society
The problem f drug and alcohol abuse have become
of
to
to
we have established this policy
drug and alcohol abuse. This
rather than punitive, in
"Drugs" are any controlled substance as defined in
Section 893.03, Florida Statutes, not pursuant to a
lawful prescription.
7!
"Drug abuse" is the use of any controlled substance which
includes the commission of any act prohibited by Chapter
893, Florida Statutes, or not possessed or taken in
accordance with a lawful prescription, provided, however,
drug abuse shall also include the misuse of prescription
and over the counter medication/drugs which have an
adverse affect on employee performance.
"Initial Drug Test" means a sensitive, rapid and reliable
procedure to identify negative and presumptive positive
specimen, usually during a chemical procedure or a more
accurate scientifically accepted method approved by the
United States Food and Drug Administration or the Agency
for Health Care Administration.
~Collection Site" means a place where employees present
themselves for the purpose of providing a specimen to be
analyzed for the presence of drugs. The collection site
will be a separate and independent entity from the
laboratory and/or the medical review offices.
~Confirmation Drug Test" means a second analytical
procedure run on a sample that was positive on the
initial screening test. The second analytical procedure
must be used to identify the presence of a specific drug
or metabolite in a specimen. The confirmation method
must be capable of providing requisite specificity and
72
quantitative accuracy. The confirmation test for alcohol
will be gas chromatography and the confirmation test for
all the drugs
spectrometry.
"Medical Review
physician,
receiving
laboratory.
positively
prescriptive
have caused
knowledge
will be gas chromatography/mass
Officer" or MRO means a licensed
contracted by the City, who is responsible for
and reviewing all confirmation results from a
The MRO is responsible for contacting all
tested employees to inquire about possible
or over-the-counter medication, which could
a positive test result. The MRO must have
of substance abuse disorders, and have the
appropriate medical training to interpret and evaluate a
with prescriptive or other relevant
The choice of a qualified MRO shall
City, providing that no conflict of
exists with current medical/physical practices.
positive test result
medical information.
be determined by the
interest
The MRO selected by the City shall be a separate and
independent entity from the authorized collection site
and/or the laboratory. The City shall give thirty days
notice for change of MRO selection except in cases of
emergency as determined by the City Manager. The MRO
shall maintain the qualifications as established in
Chapter 59A-24.008 (I) (a) (e), Florida Administrative
Code and insure testing and analysis compliance in
73
accordance with Chapter 59A-24.006, Florida
Administrative Code (R. 2000).
~Laboratory" means a facility licensed by the Agency for
Health Care Administration in accordance with Chapter 59A-
24, Florida Administrative Code (R. 2000) and shall be
selected by the_City. The laboratory will be a separate
and independent entity from
the authorized collection site
and/or the MRO. The City shall give thirty days notice of
a change of laboratory selection except in cases of
emergency as determined by the City Manager.
~Prescription Medication" means a drug or medication
obtained pursuant to a prescription as defined by Section
893.02 (19).
~MRO Contact" The City Human Resources Director shall be
designated as the contact person for receiving
communication from the MRO reporting positive and/or
negative test results. The Human Resources Director
shall comply with employee protection and confidentiality
provisions as established
extent provided by law.
'~Reasonable Suspicion Drug
based on a belief that
alcohol in violation of
specific and articulable facts
drawn from those facts.
in this article, and to the
Testing" means drug testing
an employee is using drugs or
the City policy determined from
and reasonable inferences
74
It is an opinion which a reasonable person would form
based upon observation and/or testimony from credible
sources. Observation includes but is not limited to,
sensory facts (what a person saw, heard, smelled, tested
or touched). Reasonable suspicion must be based upon the
observation of two corroborating witnesses whenever
reasonably possible and reported in writing to the
Department Head or his/her designee. A copy of this
documentation shall be given to the employee prior to
testing. The written document shall include the
circumstances which formed the basis of the determination
that reasonable suspicion existed to warrant testing.
~'Prohibited Actions" - The use or being under the
influence of, or possession of illegal drugs or alcohol,
on the job by City Employees is strictly prohibited. Any
employee who is using, under the influence of, or in
possession of drugs or alcohol, as defined with this
policy, while on duty is subject to disciplinary action
up to and including termination. Employees are also
subject to discipline or discharge when they are abusing
drugs or alcohol and the abuse occurs off duty and the
City Manager or designee determines that the abuse may
adversely affect his/her job performance or represents a
threat to the safety of the employer, his/her coworkers,
75
or the public, or the off duty
public employment.
II. Testing
1. Authority to test The City has
employees to submit to testing for
or drugs as defined in this policy.
conduct
is unbecoming to
the authority to require
the presence of alcohol
2. Types of Tests The City may conduct the following types
of tests to maintain a drug free workplace program.
A. Annual Physical Alcohol and drug testing are
components of the annual scheduled medical physical.
Reasonable Suspicion The City may require an
employee to submit to reasonable suspicion drug
testing. The definition of ~Reasonable Suspicion
Drug Testing" as established in this Article will
be the basis for determining whether reasonable
involved
driving,
suspicion exists to test an employee.
Post Accident Testing If an employee is
in an accident in which the employee was
and anyone of the following occurs:
An individual dies, and individual suffers a bodily
injury and immediately receives medical treatment
away from the accident scene, one or more vehicles
incurs disabling damage as a result of the
76
3. Refusal
alcohol
be subject
termination.
occurrence and is transported away from the scene by
tow truck or other vehicle. Disabling damage does
not include damages that could be remedied
temporarily at the scene of occurrence without
special tools or parts; tire disablement without
further damage if no spare tire is
damage to headlights, taillights,
horns, or windshield wipers.
Follow Up Testing - An employee who
work upon successful completion of a
available; or
turn signals,
is returned to
rehabilitation
program shall be placed on evaluation status for one
(1) year following his/her return to City
employment. During the one year evaluation period,
the City may require the employee to take up to a
maximum of four unannounced blood or urine tests for
the presence of drugs or alcohol. If at any time
during the evaluation period the employees blood or
urine is found to contain the presence of alcohol or
drugs, the employee shall be subject to disciplinary
action, up to and including dismissal.
to Test An employee that refuses to submit to
and drug testing as established in this Article may
to disciplinary action up to and including
77
III. COLLECTION SITE, COLLECTION PROCEDURES AND LABORATORIES
PROCEDURES
1. Collection Site and Specimen Collection Procedures
including the Designation of Collection Sites, Chain of
Custody Form and Procedures, Security Procedures and
Specimen Collection (access to authorized personnel only,
privacy, and integrity and identity of specimen) shall be
in accordance with Chapter 59A-24.005, Florida
Administrative Code (R. 2000). The attached Chain of
Custody Form will be used for each employee tested. (A
CHAIN OF CUSTODY FORM NEEDS TO BE PROVIDED.)
2. Collection Site Personnel - a specimen for drug test may be
taken or collected pursuant
Administrative Code.
to Section 59.A-24.006, Florida
3. Prior to any collection of specimen, the Employer shall
provide a form for the employee to provide any information
he or she considers relevant to the drug test, including
identification of currently or
or non-prescription medication
information. Such form shall
common medication by
applicable, as well as
affect a drug test.
reviewed by the medical
any positive confirmed
recently used prescription
or other relevant medical
provide notice of the most
brand name or common name as
chemical name, which may alter or
The information provided shall be
review office (MRO) in interpreting
results. The attached Medical
78
Information Form will be used for each employee tested.
(THE MEDICAL INFORMATION FORM NEEDS TO BE PROVIDED.)
4. Drug Testing Laboratories shall be licensed by the Agency
for Health Care Administration in
59A-24.006, Florida Administrative Code
to collect or analyze specimens for the
accordance with Chapter
(R. 2000) in order
City's drug testing
policy and shall comply with the provisions of
Part I, Florida Statutes.
with the
laboratory
Chapter 483,
The
name, address and
contracted by the City to
City shall provide employees
telephone number of the
perform drug testing.
Drug Testing Laboratories policy and procedure including
laboratory personnel, training of laboratory personnel,
laboratory personnel files, and specimen security and
analysis procedures shall be in accordance with Chapter
59A-24.006,
5. Laboratory
provide
purpose
results.
6. Initial Test
Florida Administrative Code (R. 2000).
Assistance The approved laboratory shall
technical assistance to the MRO employee for the
of interpreting any positive confirmed test
- in immunoassay except that the initial test
for alcohol shall be an enzyme oxidation methodology.
7. Confirmation Test - All specimens identified
presumptively positive on the initial test shall be
confirmed using gas confirmed using gas chromatography.
City shall
as
The
comply with confirmation drug testing parameters as
79
established in
Administrative
time. The City
parameters as in
Administrative Code
time.
chapter 59A-24.006(4) (f); Florida
Code (R. 2000) may be amended from time to
shall comply with initial drug testing
Chapter 59A-24.006 (4) (e) i, Florida
(R 2000), as may be amended from time to
IV. RELEASE OF RESULTS
1. The laboratory shall report test
reasonable time after receipt
laboratory.
2. The laboratory shall report
specimens, which are negative
negative on the confirmation test.
administer a confirmation
negative. Only specimens,
on the confirmation test, shall
for the specific drug involved.
3. The MRO, the City's MRO contact,
may request from the laboratory,
results to the MRO within
of the specimen by the
as negative to the MRO all
on the initial test or are
The laboratory will not
test if the initial test is
which are confirmed as positive
be reported to an MRO only
an/or the tested employee
and the laboratory shall
provide, a detailed quantification of the initial and
confirmation test results. The records are, to the extent
permitted by law, to be considered medical records subject
to Federal Law and the laws of the State of Florida.
4. The laboratory shall transmit results to the MRO in a
manner designed to insure confidentiality of the
80
information. The laboratory and MRO must insure the
security of the data transmission, storage, and retrieval
system to only those authorized under Chapter 59A-24,
Florida Administrative Code,
5. The MRO will
results were
to obtain such information.
also verify that positive and negative test
properly analyzed and handled. The MRO will
have knowledge of substance abuse disorders and shall also
be knowledgeable in the medical use of prescription drugs
and in the pharmacology and toxicology of illicit drugs.
The MRO shall evaluate the drug test results by checking
the chain of custody form that the specimen was collected,
transported and analyzed under proper procedures as set
forth in this policy.
6. The MRO will initially notify the employee of a confirmed
positive test result within a reasonable period of time of
the test result from the laboratory and determine if any
alternate medical explanations caused a positive test
result.
7. If the alternate medical explanation for a positive test
result is accepted by the MRO, the test result will be
reported to the designated representative as negative.
8. The MRO will communicate and provide a copy of the test
results of an employee to the City's MRO contact and to the
employee. The test results shall be communicated only after
the MRO has verified that the positive and/or negative test
8]
1. After
results were properly handled and analyzed. In the case of a
positive test result, the MRO shall provide opportunity for
the employee to discuss the positive test results and to
submit documentation of any information relevant to the
positive test results.
CHALLENGES TO TEST RESULTS
receipt by the City of a positive
result from the MRO, the City must notify
writing of its final decision, which is
Grievance Procedure of the agreement.
employee/Union may challenge violations of the Drug
Testing Policy through the grievance procedures contained
within this agreement and the grievance process shall begin
as soon as the City notifies the employee in writing of the
City's' final decision regarding the tested employee.
3. When an employee challenges the results of testing, it
shall be the employees responsibility to notify the
laboratory in writing of such challenge. Upon such
confirmed test
the employee in
subject to Article
notification the laboratory shall be required to retain the
eliminate
sample indefinitely until the challenge is settled.
Further, the laboratory shall retain all positive confirmed
specimens for at least one (1) year from the date of
initial testing.
4. Nothing in this drug testing policy shall be construed to
or diminish any right provided to the employee,
82
the Union and/or the City by the
process and the resulting collective
thereof.
VI. EMPLOYEE PROTECTION AND REHABILITATION
collective
bargaining
bargaining
agreement
1. Ail employees may, upon request, have a Union
representative present during the testing procedure,
provided the test will not be delayed more than thirty
minutes while waiting for such representation.
2. The City may place employees who are tested for fitness for
duty, reasonable
whose drug test
suspicion, post accident drug testing, or
results are confirmed positive as part of
their annual physical examination in a non-safety sensitive
position, or on administrative leave with pay until a final
decision is made on the tested employee by the City.
3. If the employee fails to enter or complete a rehabilitation
program, the employee may be subject to discipline up to
and including termination.
4. Probationary employees whose blood or urine is found to
contain the presence of illegal drugs, or who have been
found to have used or been under the influence of drugs or
alcohol while on duty, shall be dismissed.
5. Any non-probationary employee who has tested positive through
the confirmation testing process may be placed
absence without pay for a period of up to sixty
employee may use accumulated leave during
on a leave of
(60) days. The
the leave of
83
absence. The leave of absence is to 9ive the employee an
opportunity to rehabilitate himself or Any herself from
abusing alcohol and/or drug abuse. The City may assist the
employee in locating an appropriate program of rehabilitation.
Upon the successful completion of the rehabilitation program
as certified by the program administrator designated by the
City, the employee shall be subject to the requirements below.
The employee shall be returned to City employment in the same
or similar position (same schedule as to shift or non-shift)
to the one which the employee occupied before his or her leave
of absence at the same rate of pay as if the employee did not
take such leave of absence. Prior to resuming employment with
the City, the employee shall be subject to a blood or urine
test for the presence of alcohol and/or drugs.
6. After receipt by the City of a positive confirmed test result
from the MRO, the employee may request a retest of the
original specimen at another laboratory mutually selected by
the City and the employee. Provided however, an employee's
request for a retest shall be processed only if the request is
in writing and is received by the City no later than ten (10)
days after the employee's receipt of the City's final
decision. The requesting employee shall be required to pay
for the costs of the retest, including handling and shipping
expenses. Upon notice from the City that the employee has
timely requested a retest, the MRO shall contact the original
testing laboratory to initiate the retest. The laboratory
performing the retest shall comply with the drug testing
parameters set forth in Section III above, and shall report
the test results to the MRO within a reasonable time after
receipt of the specimen from the original laboratory. If the
retest results are negative, the City will accept the results
and will reimburse the employee for the costs of the retest,
including handling and shipping expense.
7. All documents and records with regard to the drug testing
of an employee will be expunged from an employee's file if
the employee is cleared through an administrative or legal
challenge, and/or reasonable suspicion drug testing or
split sample testing, if the employee's test results are
negative.
8. The City will not discharge, discipline, or discriminate
against an employee upon the employee voluntarily seeking
treatments which under the employment of the City, for an
alcohol/drug related problem.
VII. EDUCATION
1. The City must inform employees about any employee assistance
programs that the City may have available. The City shall
have a contact person who will be responsible for providing
the names, addresses and telephone number of an employee
assistance program available to employees.
2. The City must provide information for its employees to
assist them in identifying personal and emotional problems
which may result in the misuse of alcohol or drugs.
3. The City must provide training to all supervisors which
will enhance their knowledge and skills in interpreting and
administering the provisions of this Article.
VIII. CONFLICT WITH OTHER LAWS AND/OR COLLECTIVE BARGAININO
AGREEMENT
1. The parties agree
policy to
2000), as
that all specific references in this
Chapter 59A-24, Florida Administrative Code (R.
may be amended from time to time, have been
to by both
collectively bargained and contractually agreed
parties to the extent that the above Administrative Code is
applicable and not in conflict with other provisions of
this policy or Federal or State Law.
86
ARTICLE 40
I~ATERI~ITY LEAVE
The City agrees that employees who become pregnant may
utilize vacation, sick leave, or leaves with or without pay.
Maternity leave personnel shall be eligible for hours of work
as specified in Article 10.
87
ARTICLE 41
WORKERS' COMPENSATION
The City agrees for Employees who sustain workers'
compensation qualified injuries that the City will pay to such
Employees amounts necessary to bring such Employees
to current
full salary for ninety (90) calendar days, and thereafter
shall pay salary/benefits to such Employees in accordance with
the requirements of the Florida Statutes.
The ninety (90) calendar
needed, and at such time,
as
need for this supplemental payment
from duty as caused by such injury.
day status shall only commence,
as when an employee initiates a
due to continuing absence
Once the ninety (90) day period commences it shall be
available only from that day forward for ninety (90)
consecutive calendar days.
ARTICLE 42
CERTIFICATION INCENTIVE PAY
Section 1
Ocean Rescue employees shall receive
Emergency Medical Technician Certification.
$.50
per hour
for
89
ARTICLE 43
COMI:ENSATORY TIME ~ TUITION REIMBURSEMENT PROGRAM
training by
Section 1
Employees may engage in education and/or
participation in one of the following categories:
A. Participation in the City's Employee Development and
Training program currently in effect for City employees
(Administrative Policies and Procedures Manual, GA-39),
dated 2/12/99 with the exception of
Supervisors Training Program.
Employees may participate in other forms of
education/training specifically authorized and approved
by the Department Head. When such training is approved
by the department, off-duty personnel shall receive
compensatory time not to exceed 72 hours. Such
compensatory time may be used upon the approval of the
employee's Department Head or designee, provided that no
scheduled overtime may result.
Section C.
9O
ARTI CLF. 44
LABOR-MANAGEMENT COMMITTEE
Section 1
There shall be a Labor Management
meet to discuss general employment
relations matters.
Committee which shall
and employer-employee
91
ARTICLE 45
DISABILITY INSURANCE
The bargaining unit employee shall be eligible to receive
long term disability benefits pursuant to the City's current
plan and policies.
92
ARTICLE 46
DURATION
Section 1
This Agreement shall be effective from October 1, 2001
through September 30, 2003. Negotiations for a successor
Agreement shall commence upon written notice by either party
issued between April 1, and April 15, 2003. Enumeration of the
items to be negotiated for a successor agreement shall be
submitted no later than the second bargaining session and only
those items shall be negotiated, except by mutual agreement.
93
EXECUTION OF AGREEMENT
Dated this
__ day of
, 20
ATTEST:
City Clerk
Approved as to form:
City Manager
City Attorney
Dated this
day of
, 2O
ATTEST:
Vice Presiden~ of the Union
esident of the Union
94
ielTIO
TO.~ City Commission~ j~
From~ David Harden ~/'vI
CC;
~ May16,2003
Re~ Glory Awards Funding Request
This week we received the attached request for funding for this year's Glory Awards, which
will be taking place on June 6.
As the Commission is aware, this year's budget is extremely tight and all the contingency
funds in the Commission's budget for this year have already been spent for unbudgeted
requests received earlier in the year. In fact, the month of May is when we normally receive
requests from non-profit organizations for funding in next year's budget.
Upon reviewing the Glory Awards itemized budget, it appears that $2,500 could be cut and
still have a very nice, quality event.
Recommendation: I recommend that the request be denied, but that it be referred to staff
for consideration for funding in next year's budget, along with other non-profit funding
requests, if the applicant so desires.
COmmunity Neighborhood Helping, Inc,
Programs That Touch Hearts in Delray Beach
· Box 2133, Delray Beach, FL 33444 Phone: 561-279-9951 Fax: 561-279-9951 Email: edithmthomson@aoLcom
May 09, 2003
Mby ! 3 20D3
CiTY UAHAGER
Mr. David Harden, City Manager.
City Of Dekay
100 NW 1 st Avenue
Dekay Beach, Fl 33444
Re: Glory Award Donation
Dear Mr. Harden:
During the April session of the City Commission meeting a request were made on my behalf for a
donation. The City Commissioners did grant the request, however, it is my understanding they
did not approve an amount because the gentleman that stood in for me did not specify a figure.
The Glory Award Committee, the volunteers, and Community Neighborhood Helping extend our
thanks and appreciation for your interest in and support of the Glory Awards. As you dkected I
am writing requesting $2500.00 donation. The requested funds will be used to cover the video
presentation of each recipient of the Glory Awards.
Your support for and contribution to the youth, families, and overall successes in the upward
direction the City of Delray is headed is well document. We are encouraged in our efforts through
Community Neighborhood Helping to be a positive impact. We are experiencing fellowship
among the seniors and youth volunteers, planning, and pulling the Second Annual Glory Award
together. Life is Good, when people that share a vision of Community, and unselfishiy contribute
to enhance not only the bricks and motar, but individuals, and the families. This give credence to
life being good.. We are determined to be a positive impact in the communities we serve.
Again we send our warmest wishes and appreciation of you. We look forward to hearing fi.om
and working with you.
irely'
h Thompson
Founder/Dir.
Fi]e(])
GLORY AWARD
ITEMI?~D BUDGET
CONSULTANTS ................................................................... $ 5000.00
SITE:
FACILITY ~ $200.00 X 5HIL ............................................ $1,000.00
INSURANCE ........................................................................... $ 500.00
SECURITY ~ $175.00 X 5 HR X 8 ....................................... $1,400.00
ADMINISTRATIVE EXPENSE:
OFFICE EXPENSES( i.e. Copier paper, envelopes, telephunc/
r~ptionist) .................................................................................. $ 2~0.00
GAS & TRANSPORTATION. ..................................................... $
OUTREACH, ADVERTISING, AND PROMOTION:
Fund raising, printing, postage, publicity i.e. l~rlio, Cable TV,
advertisement, programs, name badges(ushers) .............................. $4,000.00
SOUVENIRS:
MUGS ...................................................................................... $ 275.00
KEYCHAINS. ................................................................ $ 175.00
DOOR PRIZES ........................................................................... $ 500.00
TECHNICAL ASSISTANTS:
CUSTODIANS ~ $150.00 X 5 HR X 3 ...................................... $ 750.00
SOUND TECH ............................................................................ $ 6~0.00
VIDEO TECH ............................................................................. $ 650.00
POWERPOINT PRESENTATION TECH ................................ $ 500.00
PHOTOGRAPHERS ................................................................... $ 500.00
DECORATION ........................................................................... $1,000.00
ENTERTAINMENT:
MUSICIANS ................................................................................ $ 500.00
SOLO SINGERS (4). ................................................................... $2,100.00
GROUPS ...................................................................................... $1,500.00
M/C's (2) ....................................................................................... $ 500.00
FOOD SERVICE & CATERING ..............................................$1~500.00
TOTAL GLORY AWARD AND RECEPTION: .................... $25~111.00
;
The 2nd Annual Glory Awards,., 4z .',
Gala and Benefit - June 6 - Delray Beach, Florida ~?S.~....
The Glory Award Nominee Application Form .'-
Ii .. :, ·
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~
- REGULAR MF~RTING OF MAY 20. 2003
RESOLUTION NO. 28-03 (MID-YEAR BUDGET AD_IUSTMENT)
DATE: MAY 16, 2003
Resolution No. 28-03 makes mid-year adjustments to the adopted budget for Fiscal Year 2003. Also
attached are support schedules and backup documentation for your review.
Recommend approval of Resolution No. 28-03 amending the mid-year budget.
S:\City Clerk\chevclle folder\agenda memo~\Res.28-03.MidYear Budget.5.20.03
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
DATE:
David T. Harden~ City Manager
Jeffrey C. Chapman, Budget Administrator ~
Joseph M. Safford, Director of Finance
Mid-Year Budget Amendment for FY 2002/03
May 07, 2003
Attached please find Resolution Number 28-03 which amends the budget
for Fiscal Year 2002/03. Also attached are supporting schedules and
backup documentation for your review.
Please let me know if you have any questions.
cc: Rebecca O'Connor, Treasurer
RESOLUTION NO. 28-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION
NO. 77-02 ADOPTED SEPTEMBER 17, 2002, WHICH MADE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR THE FISCAL YEAR 2002/2003, BY
SETHNG FORTH THE ANTICIPATED REVENUES AND
EXPENDITURES FOR THE OPERATING FUNDS OF THE
CITY FOR THE FISCAL YEAR 2002/2003; REPEALING AIJ.
RESOLUTIONS INCONSISTENT HEREWITH.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Resolution No. 77-02 adopted by the City Commission
of the City of Delray Beach, Florida, on September 17, 2002, is hereby repealed, and a new Section 1
is enacted and amended to read as follows:
That the following sums of money, attached hereto and marked
Exhibit "A", are hereby appropriated upon the terms and conditions
herein set forth.
~ That, subject to the qualifications contained in this resolution, all
approp,riations made out of the General Fund are declared to be maximum, conditional and
proportionate appropriations, the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the aggregate revenues collected and
other resources available during the period commencing the 1't day of October, 2002, and ending
the 30® day of September, 2003, for which the appropriations are made, are sufficient to pay all the
appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such
proportion as the total sum of realized revenue of the General Fund is to the total amount of
revenues estimated by the City Commission to be available in the period commencing the Vt day of
October, 2002, and ending the 30m day of September, 2003.
Section 3. That all balances of the appropriations payable out of the General Fund
of the City Treasury unencumbered at the dose of business on the 30th day of September, 2002,
except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be
used for the payment of the appropriations which may be made in any appropriation for the fiscal
year commencing the 1st day of October, 2002. However, nothing in this section shall be construed
to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund,
Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be
used in financing the proposed expenditures of these Funds for the fiscal year commencing die l't
day of October, 2002.
Section 4. That no depaxUnent, bureau, agency or individual receiving
appropriations under the provisions of this resolution shall exceed the amount of its appropriation,
except with the consent and approval of the City Commission first obtained. If such department,
bureau, agency or individual shall exceed the amount of its appropriation without such consent and
approval of the City Commission, the administrative officer or individual, in the discretion of the
City Commission, may be deemed guilty of neglect of offieial duty and may be subject to removal
therefor.
~ That nothing in this resolution shall be construed as authorizing any
reduction to be made in the amounts appropriated in this resolution for the payment of interest on,
or retirement of, the debt of the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this resolution in connection with
the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be
expended for any purposes other than those for which they are appropriated, and it shall be the duty
of the Budget Administrator and/or Finance Director to report known violations of this section to
the City Manager.
Section 7. That all monies collected by any department, bureau, agency or individual
of the City government shall be paid prompdy into the City Treasury.
Section 8. That the foregoing budget is hereby adopted as the official budget of the
City of Delray Beach, Florida, for the aforesaid period. However, the resthctions with respect to the
expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for
classes of expenditures/expenses which have been included in this resolution.
Section 9. That public hearings were held on the tax levy and the budget on
September 3, 2002, and September 17, 2002.
That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on this the 20th day of May, 2003.
ATTEST:
MAYOR
City Clerk
2 RES. NO. 28~03
EXHIBIT A
BUDGET SUMMARY
CITY OF DELRAY BEACH, FLORIDA
FISCAL YEAR 2002-2003
TAXES
AD VALOREM TAXES
AD VALOREM TAXES
AD VALOREM-DELINQUENT
AD VALOREM - DDA
Sales & Use Taxes
Franchise Taxes
Utility Trams
Other Taxes
Licenses&Permits
Fines & Forfeitures
Miscellaneous Rever,.ms
Publb Saf,~
Physical Emiroru*,r~mt
Trarmpedafion
Ecmomk~ ~
Human Sen~ces
Culture& Recrea'don
Debt Servk:w
Other Fine~cing Uses
Mill;ages
7.37
0.63
IXRNNT~ SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS
TOTAL
359,792 101,053 4,895,094 924,984 6,280,9"23
29,670,460 29,670,460
2,2~7,540 2,217,540
89,000 89,000
180.G65 180,065
1,693,000 1,693,000
3,185,600 3,185,600
3,944,000 3,944,000
4,030.000
2.824,130 2,824,130
6.689.750 276,4~0 2,175,987 9,142,137
5,406,455 30,315,967 35,722,42~
847,500 28,000 875,500
2,566.130 6,000 1,341,198 (92,223) 3,821,105
21,837.460 $,913,436 1,359,020 25,109,916
85.001,025 186,065 33,901,111 3.470,784 122,558,985
85,360,817 $ 287,118 $ 38.7S6,205 $ 4,395,768 $ 128,839,906
1,525,769 1,525,769
2,528.886 287,118 2,541,137 5,3o"7,141
113,000 113,000
9,443,018 4.814,046 1.560,721 15,817,785
23,654.470 7.156,260 30,810,730
2,847,422 5,569,460 223,g60 8,640,842
85,168,803 287,118 38,223,555 4,373,:~58 128,052,834
192,014 572,650 22,410 787,074
$ 85,360.817 $ 287,118 $ 38,796,205 $ 4,395,768 $ 128,839,908
RES. NO. 284)3
Mid Year Budget Amendment
Fiscal Year 2002-2003
General Fund SummarF
The General Fund budget as of the six-month period ending March 31, 2003 totaled $66,092,061.
Adjustments of $19,268,756 were made for an amended total of $85,360,817. Adjustments greater
than $5,000 have been note&
Ad Valorem Taxes
The City can anticipate a surplus of $227,280, which represents a surplus of $212,280 in current ad valorem tax
revenue and $15,000 in delinquent tax revenues.
Sales and Use Taxes
The City can expect a surplus of $50,000 in local option taxes based on actual revenue to-date.
Franchise Taxes
The City can anticipate a shortfall of $21,400 stemmin~ from a decrease in the projection for franchise fees based
on gas $20,000 and beach services $1,400.
Utility Taxus
The City can expect a surplus of $100,000 by fiscal year end based on YTD utility taxes received on electricity.
Other Taxes
The City can anticipate a surplus of $30,000 for communication services tax revenue.
Licenses and Permits
A surplus of $77,100 is expected, based primarily on a projected increase of $90,000 in bnilding germit revenue,
offset in part by an estimated decrease of $10,000 in tenant/landlord permit revenue.
Intergovernmental Rewnn~
The City can expect a surplus of $352,860 due mainly to reco~ng revenues for a FDOT DUI Enforcement federal
grant ($104,057), sales tax collected ($79,000), Cops in School grant - Year 1 of 3 ($43,000), FDOT Speed
Enforcement grant ($39,308), EMS EKG Defibrillator grant ($37,259), FEMA assignment reimbursement
agreement for Wayne Yoder ($23,820), a grant-funded part-time kennel assistant position ($7,739), unanticipated
local grant assistance for School District of Palm Beach County program fees ($7,100), and a Historic District
Design Guidelines grant ($6,000).
Mid Year Budget Amendment
Fiscal Year 2002-2003
General Fund Summar~ - (continued)
Charges for Services
Thc City can expect a shortfall of $103,745. The shortfall is primarily due to a decrease in the projections for
sponsorships ($150,000), tennis memberships ($40,000), tennis lesson sales ($40,000), parking fees-lots A&B
($13,500), sales of merchandise ($10,000), commission ticket sales ($10,000), and zoning fees ($4,200). These
shortfalls are offset in part by surplus balances expected in transport fees - Highland Beach ($75,000), police
security services ($46,000), and project inspection fees ($38,000). Please note that there are corresponding
decreases on the expense side relative to tennis lessons and the sale of merchandise.
Fines and Forfeitures
The City can expect a slight deficit of $10,000 at fiscal year end. This is primarily due to a decrease in parking
fines ($35,000), offset by an estimated surplus in general fines ($15,000), code enforcement fines ($3,000),
penalties levied for not having building permits (5,000), and penalties on ad valorem ($2,000).
Contribution from Other Funds
No variance is expec~l at this time.
Recovery of Administrative Costs
No variance is expected at this time.
Miscellaneous Revenues
A surplus of $36,860 is expected at fiscal year end. Thc increase is primarily due to an estimated surplus in
donated property ($51,180), the sale of surplus property ($15,220), contributious & donations ($10,840), CRA-
Downtown Business Area reimbursemem ($9,000), a refund of prior year expenditures ($7,000), and interest on
accounts receivable ($7,000). This is partly offset by a decline in interest earnings on investments ($38,580), and
decreased revenues from the tennis stadium ($11,500), and Seacrest Del Ida ($10,000). The smplus relative to the
donated property is offset by a corresponding expense.
Other Financing Sources
A surplus of $18,409,050 is anticipated due primarily to the issuance of Utility Tax Revenue Bonds, Series 2002
and General Obligation Refunding Bonds, Series 2002. The General Obligation Refunding Bonds were issued to
refund the City's General Obligation Bonds, Series 1993A & B and generated economic savings. The Utility Tax
Revenue Bonds were issued primarily to refund the City's outstanding Utilities Tax Revenue Refunding and
Improvement Bonds, Series 1992 and 1994, its Utilities Tax Revenue Bonds, Series 1995, and its Utilities Tax
Revenue Bonds, Subordinate Series 1996 and 1998. This issuance was also completed primarily to realize
economic savings.
Surnlus Brounht Forward
Encumbrances will be reduced by $6,000 which will be offset by a reduction in expenditures. Surplus brought
forward will be increased by $126,751 which represents $112,500 brought forward for the new Match Point
contract and local cash matches for the "Cops in Schools" and Historic District giants.
CATEGORY
Ad Valorem Taxes
Sales and Use Taxes
Franchise Taxes
Utility Taxes
Other Taxes
Licenses and Permits
Intergovernmental Revenues
Charges for Services
Fines and Forfeitures
Miscellaneous Revenues
Other Financing Sources
Surplus Brought Forward
Total General Fund Revenues
General Fund Revetmes IVY 2002/03
APPROVED PROPOSED
BUDGET ADJUSTMENT
FY 2002/03
REVISED
BUDGET
239,041 120,751 359,792
$66,092,061 $19~268,756 $85,360,817
31,749,720 227,280 31,977,000
1,643,000 50,000 1,693,000
3,207,000 (21,400) 3,185,600
3,844,000 100,000 3,944,000
4,000,000 30,000 4,030,000
2,747,030 77,100 2,824,130
6,336,890 352,860 6,689,750
5,510,200 (103,745) 5,406,455
857,500 (10,000) 847,500
2,529,270 36,860 2,566,130
3,428,410 18,409,050 21,837,460
Mid Year Budget Amendment
Fiscal Year 2002-2003
General Fund Expenditures
General Government Service~
This cntegozy includes the legislative and adminintrative departments of the City and the miscellaneous division.
The increase in General Government expenditures totals $309,904.
The increase of $28,240 in the City Attorney's budget covers additional legal expenses associated primarily with
pension and cable franchising issues.
Management Information Systems budget increase of $100,370 includes funding the costs associated with the
-nanticipated retirement of the department's Director, a long-time employee of the City, with substantial sick and
vacation leave accrued.
Miscellaneous Expenditure shows an increase of $51,180 due to the acceptance of a land donation from Palm
Beach County. The increase relative to the donated property is offset by a eorresponding revenue.
Adjustments were also made in all the departments in this categcry to fund the actual General Employee Pension
contribution made December 2002, and a 3% aeress-the-board adjustment in base salary rates in December 2002.
In additio~ other adjustments reflect the impact of a higher than budgeted 15% hike in health insurance costs.
Public Safety
This categozy includes the Police and Fire Departments and Community Improvement. The increase in Public
Safety expendituros tolals $977,478.
The Police Department's budget increase of $992,257 includes $735,762 in salary and benefit increases, with
$370,250 of the funding nceded to cover additional oveCdme co~s and the remainder requirod to cover increases in
health insurance rates, grant funding for a School Resource Officer and a DUI Enforcement Specialist, and higher
than anticipated salary increases. Adjustments also include the addition of grant funding for equipment and two
new vehicles relating to the two positions. In addition, increases in vehicle fuel. parts, and maintenance costs
added $167,472 to thc total funding request. Partly offsetting the overall increase in funding is a decrease in the
Police Retirement Plan payment for fiscal year 2002/03.
The Fire Department shows a net decrease in funding of $110,048, reflexing a lower than budgeted annual Fire
Retirement Plan payment and lower salaries and benefits due to YTD vacancies. Partly offsetting the overall net
decrease are increases in vehicle fuel, parts and maintenance costs of $110,647. Adjustments for the impact of a
oue-time, base-pay rate increase approved under the new Collective Bargaining Agreemen~ and higher health
insurance and worker's compensation rates are also included. In addition~ a $37,259 Palm Beach County
Countywide State EMS grant award to purchase 6 Zoll AED's has been added.
The Community Improvement budget shows a net inoeasc of $95,269, due primarily to health insmance rate
hikes, an adjustment to reflect the actual annual pension payment amount, the addition of a grant-fonded part-time
kennel assistant for half the year, and increases in vehicle fuel, parts, and maintenance costs.
Physical Environment
This category, wlik:h consists of Public Works Adminintralion and the CerueteaT¢, re~ts a decrease of $20,375,
pri~ due to YTD vacancies.
Mid Year Budget Amendment
Fiscal Year 2002-2003
General Fund Expenditures - (continued)
Transoortation
The net change in this category is an incamse of $64,245. This unfavorable variance is due mainly to a $26,000
increase stemming from the impact to the Sm:ct Lighting Division ora 10% hike in FPL rates, effective April 1,
2003, and $43,000 in unbudgeted lease payments on the new Reino mulli-space parking meters.
Economic Environment
This grouping shows a nmall net decrease of $3,881, a result of a lower than budgeted net transfer to the CRA
based on ad valorem revenue. Also included in this category is the balance of thc Downtown Business Area Plan,
which is offset by revenues brought forward from the MacArthur Foundation.
Culture and Recreation
This category includes the Parks and Recreation Depamnem, the Old School Square Grant and thc L~ra~. The
changes in this category equate to a net increase of $439,065. $337,500 of this increase is a result of the new
Matchpoint contracC The adjustments also reflect a $65,000 retroactive inerease in salaries in the Ocean Rescne
division based on the new Collective Bargaining Agreement, a 3% across-the-board increase in base-pay rotes
implemented in December 2002, an increase of $28,750 in the PIM contract, higher than budgeted health
insurance rotes, and the impact of the unexpected retirement of three long-term employees.
Debt Service
$17,961,620 of this increase is in the Debt Service division, with $16,428,420 to fund debt service costs associated
with issuance of General Obligation Refunding Bonds, Series 2002 and $2,085,660 to fund debt service cosls
associated with issuance of Utility Tax Bonds, Series 2002. This additional funding is partly offset by a reduction
of $490,000 associated with the issuance of Reveuae Bonds, Series 2003.
Other Financine Uses
This category accounts for interfund tran~ets. The decrease in expenditures totals $497,588 to record the budget
for disbursement of GIC proceeds, which are being ffansferred from the General Construction Fund, and to record
the issuance of the Utility Tax Bonds, Series 2002. Patlly offsetting the net decrease in intcrfimd transfers is a
$41,982 tranffex to the Garage Fund to fund a portion of the unamicipated cost of purchaging five new take-home
vehicles and a motorcycle.
The remaining balance, after all revenne and expense adjustments were made, resulted in an increase of $38,288 to
contingency funds, bringing the balance to $192,014.
CATEGORY/DEPARTMeNT
General Govemm~t Services
City Commission
City Manager
Human Resotaxcs
Public Information
city Cl~rk
Finance Administxation
Purchasing
city ^ttorney
Admini~xative Services
PW Bu~d~g Maintemm~
Misoellaneous Expenditun~
To~al General Gov't Services
Public Safety
Police
Fire
Community Improvement
Total Public 8afe~y
Phy~ie~! ~vinmmem
Publi~ Works Administration
Total Physical Environment
Tramlmrmflo~
Streets Maintonance
Traffic Operations
8~ Lighting
Parking Facilities
FY Z00/0$ FY ~2/03
APPROVED PROPOSED REVISED
BUDGET ADJUSTMENT BUDGET
211,945 (2,455) 209,490
292,869 3,306 296,175
392,510 8,589 401,099
79,937 (8,048) 71,889
478,030 13,612 491,642
1,058,400 31,669 1,090,069
116,710 6050 122,760
667,995 28,240 696,235
499,405 22,522 521,927
1,068,636 100,370 1,169,006
907,335 26,010 933,345
541,609 15,793 557,402
367,415 13,066 380,481
81,390 51,180 132,570
$ 6,764,186 $ 309,904 $ 7,074,090
19,664,379 992,257 20,656,636
14,529,928 (110,048) 14,419,880
2,472,443 95,269 2,567,712
36,666,750 $ 977,478 $ 37,644,228
151,385 (23,651) 127,734
206,910 3,276 210,186
(20,375) $ 337,920
555,208 (12,377) 542,831
290,714 48,863 339,577
553,440 26,000 579,440
62,162 1,759 63,921
Total Transportation $ 1,461,524 $ 64,245 $ 1,525,769
Economic Envinnmlent
Downtown Business Area Plan
Miscellaneous Cmmts
Othe~ Fin~6ng Uses
Total Economic Enviranment
10,627 13,599 24,226
120,000 140 120,140
2,402,140 (17,620) 2,384,520
$ 2,532,767 $ 0,881) $ 2,528,886
113,000 113,000
To~al Hmmm 8ervic~ $ 113,000 $ $ 113,000
Culture mtd Reereatbm
Parks and Pa~x~ati~a 7,699,063 439,~5 8,138,128
~ ~ ~d ~ 71 ,~ 71 ,~
Old ~1 S~ 187,~ 187,~
Ut~ 1,~,8~ 1,~,8~
T~ ~ ~d ~ $ 9,~3~ $ ~,~ $ 9~,018
Debt 8ervtee
To*al General Fund E~udimres
$ fi,692,550 $ 17,961,620 $ 23,654,470
s 3,345,010 $ (4~7~8) $ 2,847,422
$ 153,726 $ 38,288 $ 192,014
$ (~m2,~~l $ 1~,268,7~ $ 85,360~817
Mid Year Budget Amendment
Fiscal Year 2002-2003
Otker Funds
Law Enforcement Trust Fund
This budget is being adjusted to account for thc actual revenues received during this fiscal year end to adjust the
balance brought forward from fiscal year 2001/2002 to the actual fund balence as of September 30, 2002. A small
amount of funds are being used to offset negative accounts.
Community Development Fund
Fiscal Year 2001/02 balences for Neighborhood HoILning, STOP, Hope III progmmg and remaining Housing
Rehabilitation Block Grant balances were brought fot~rd. The adjustments also include a small increase to tie to
the actual refiremem plan amount paid for fiscal year 2002/03.
Beautification Trust Fund
Contributions for the Pineapple Grove FPL Poles Project will be paid directly to FPL, not the City of Delray Beach.
This will reduce revenue end expense budgets by $140,406.
Sanitation Fund
The change in the Sanitation Fund totals $5,543. Adjusm~eats include $1,350 to record a Solid Waste Authority
Grant to purchase products from Florida Waste Tires, and additional funds needed to cover the impact of higher
salaries and health insurance rates.
Water and Sewer Fund
No changes to thc total Water and Sewer fund are projec~xi.
Municioal Golf Course
The revenue increase of $439,498 in this fund is due primarily to the proceeds and interest earnings of $312,190
relating to the issuance of Utility Tax Bonds, Series 2002 and thc recording of $112,500 of Trade-In AHowances
on the purchase of 80 Golf Carts. Additional funding of $50,000 is included for the architectural fees associated
with the renovation of the greens.
Lakeview Golf Course
The revenue increase of $396,770 in this fund is due mainly to the proceeds end interest earnings of $503,770 fxom
the issuance of Utility Tax Bonds, Series 2002; offset paflly by projected shorffnll~ of $50,000 in Greens Fees and
$75,500 m Cart Fees.
Stormwater Utility Fund
The increase in this fund of $14,212 is due to a large increase in sod laid to-date, the impact of a 3% across-the-
board addition to base-pay rates in December 2002, end higher Health Insurance rates.
Mid Year Budget Amendment
Fiscal Year 2002-2003
Other Funds (continuedI
Gara~eFund
Adjustments in this fund combine for a net increase of $617,104. These adjustments include recording the budget
for disbursement of thc $275,300 of GIC proceeds covering thc purchase often additional take-home vehicles. In
addition, $102,014 is being budgeted to fund the sharp rise in fuel costs and additions to the City. fleet. $114,390
has also been added to reflect increased outside service expenses. Based on YTD trends, the cost of parts for
inventory has been increased by $78,372. These changes are reflected in both the garage expenditures and the
departmental revenues. Adjustments are also being made based on YTD vacancies and increases in health
insurance rotes.
Insurance Fund
Liability premium revenues and associated expenses are being adjusted downward to reflect actual ~venues
received from the depa~ments. A portion of the decrease, however, is offset by the impact of the three new
Bargaining Unit agreements which require that the City absorb dependent health insurance increases covering the
first pay period in Febmaxy 2002 through the last pay period in October 2002.
I:ITY OF DELRI:I¥ BEI:IrH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
DATE: May 16, 2003
MEMORANDUM
Writer's Direct Line: 561/243-7091
TO:
City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Old School Square Task Team Membership
The Resolution recently passed called for two business owners to be included.
Our office researched the matter and has concluded that while there is not an
overall prohibited conflict, there may be a voting conflict presented, depending on
the impact of the issue to be resolved by the Task Team on the members'
employer or company. (AGO 87-82; and AGO 01-8).
The City Commission may remedy this potential problem by (1) rescinding the
resolution and enacting a new resolution without the business membership, or (2)
rescinding the resolution and deciding not have an official task force leaving it to
the parties to decide what to do on their own without direction, delegation or a
formal resolution being adopted by the Commission, or (3) proceeding with the
current resolution, and appointing business members, however, I would
recommend that the business members appointed contact the Division of Ethics to
review the particular facts of their involvement in order to ascertain whether a
voting conflict exists. This may cause some delay, however.
Please call if you have any questions.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~ I~NT;)TEG EMR~
- REGULAR MI~.TING OF MAY 20. 2003
APPOINTMENTS TO THE OLD SCHOOL SOUARE MASPTER PLAN
TASK TEAM
DATE: MAY 16, 2003
On May 13, 2003 Resolution No. 33-03 was approved, establishing the Old School Square Master Plan Task
Team for the purpose of reviewing the proposed Old School Square Master Plan Phases II and III and provide
recommendations concerning plan elements, implementation and £mancing of said plan. The Old School Square
Master Plan Task Team shall consist of seven (7) members; members shall include (1) representative of Old
School Square, (1) representative from the Community Redevelopment Agency, (1) representative from the
Downtown Development Authority, (1) representative from Pineapple Grove Main Street, (2) property owners in
the Old School Square District, and (1) representative from City staff. The Task Team shall mediately pursue
its assigned task with a target date of accomplishment by December 31, 2003. In addition, the Task Team should
assist in developing any concepts or information needed for grant applications.
Two members being Jay Alperin, representative for Old School Square and Robert Barcinski, representative for
City staff are requested to be ratified by the City Commission.
The following are interested in representing the Community Redevelopment Agency:
W. Howard Ellingsworth Franklin Wheat
The following are interested in representing the Downtown Development Authority:
Rita Ellis Robert Griek George Maso
Richard McGloin Richard Sheremeta
The following have submitted applications for consideration as a property owner in the Old School Squaxe
District:
William Himmelrich
David Hosokawa
Janet Onnen
Martin Satalino
Old School Bread Company
Old School Bread Company
Ocean City Properties and Meisner Electric
Real Estate Developer
The following are interested in representing the Pineapple Grove Main Street:
Janet Onnen
Nancy Stewart
Based on the rotation system, the appointments will be made as follows:
Commissioner Costin (Seat #1)
Commissioner Archer (Seat #2)
Commissioner Levinson (Seat #3)
Commissioner McCarthy (Seat #4)
Mayor Perlman (Seat #5)
Community Redevelopment Agency
Downtown Development Authority
Old School Square District
Old School Square District
Pineapple Grove Main Street
Consider ratification of Jay Alperin, Robert Barcinski and appointment of five members representing the
Community Redevelopment Agency, Downtown Development Authority, Old School Square District and
Pineapple Grove Mare Street in light of City Attorney's memorandum.
RESOLUTION NO. 33-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DRI,RAY
BEACH, FLORIDA, ESTABLISHING OLD SCHOOL SQUARE MASTER PLAN
TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION;
PROVIDING FOR OBJECTIVES FOR SAID TASK TEAM; PROVIDING FOR
COMPOSITION OF SAID TASK TEAM AND APPOINTMENT THERETO;
PROVIDING AN EFFECTIVE DATE AND SE2TING A SUNSET DATE.
WHERE, AS, the Board of Directors of Old School Square has developed a Master Plan with
recommendations and options for the future development and expansion of Old School Square
Cultu.~ Facility; and
WHEREAS, Phase II as proposed includes the puxchase and exchange of land as we/1 as
construction of a parking garage and green space; and
WHEREAS, Phase III as proposed includes the purchase of property and the construction
ora new museum building;, and
WHERF_.~S, on April 8, 2003 the City Commi.~sion of the City of Delmy Beach, by
consensus, agreed that an Old School Square Task Team should be established to provide
recommendauons concerning plan elements, maplementat~on and financing of said plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
$ection 1. That there hereby is established the Old School Square Master Plan Task Team
which shall review the proposed Old School Square Master Plan Phases II and III including options
and ' · .
make recommendauons for an maplementauon and financing plan for each phase.
Section 2. That the Old School Square Master Plan Task Team shall have seven (7)
members appointed by the Mayor and City Commissioners. The composition of the Task Team
shall include (1) representative of Old School Square, (1) representative from the Community
Redevelopment Agency, (1) representative from the Downtown Development Authority; (1)
representative from Pineapple Grove Main Street; (2) property owners in the Old School Square
District; and (1) representative from City staff.
Section 3. That the Task Team shall have technical and logistical support provided as
designated by the City Manager and Chairman of the Board of Old School Square.
Section 4. That the Old School Squsee Master Plan Task Team shall immediately pursue it's
assigned tasks with a target date of accomplishing said task by December 31, 2003. In addition, the
Task Team should assist in developing any concepts or information needed for grant applications.
Section 5. That the Old School Squm-e Master Plan Task Team shall disband upon
completion of it's assigned task or by December 31, 2003, unless otherwise extended by action of
the City Commission
PASSED AND ADOPTED in Special Session the 13~' day of May, 2003.
A I'I'/~ST:
City Clerk
2 RES. NO. 33-03
BOARD MEMBER APPLICA?IOH
2001
4. P~ncip~ B~i~ess ~dress: Ci~ S~e ~ Code
5. Home Pho~: Ba~s Ph~: E-~ Add.ss: ~ ~U Phone: F~:
6. ~c you a ~c~stered voiei?
7. ~t~osrd0) Ire yo~3mer~d
~ il0- ~;t any zehted prof~gon~ cc~ca6ons ~d U~oses ~& you ho]fl:
] 11. ~vc yqur prescng o~ most ~c~,k~ploy~, ~d ~uon:
-' I
7 Ck~k's (
submitted. It ~ be the applicam's zmpomihility to ensure that s~erff years ~ro~ the date ii WaS
CAT¥ CLERK
pELRAY BEACH
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please ~/pe or print the following information:
1. Last Name: ~
~l~c M.I.
WHEAT NKLIN D
2. Home Address: City State Zip Code
12195 South Dunes Road Boynton Beach FL 33436
3. Legal Residence: City State Zip Code
12195 South Dunes Road Boynton Beach FL 33436
4. Pzindpal Business Address: City State Zip Code
700 East Atlantic Avenue Delray Beach FL 33483
5. Home Phone: Business Phone: E-Mail Address: 5C~-P~e-''38 ~ 6 !Fax:'
561-737-3600 561-278-2628 Fwheat01 @bellsol th.net 561-278-8688
6. Are you a registered voter? If so, where are you registered? 5 _~ !- 725- 2 E 52
' 7. Wha: Board(s) are you in~c~e~ed in serving? Please list in order of preference:
Community Redevelooment Rc~ard
8. ~st ~ Cit3' Boirds on which you are gun'endy serving or have previously served: (Please include dates)
~ee Attached List
9. Educational qualifications:
BS Business Administrationt Florida Southern Colleqe
10. List any related professional certifications and Licenses which you hold:
Real Estate Broker, Certified Residential Specialist, Graduate Real
Estate Institute,
11. Give your present, or most ~ecen~ employer, and position:
GRINGLEt DOHERTY & WHEATr INC.~ REALTORSt Broker/Owner
12. Desczibe ~pe,lev, cei, skills or knowledg~ which qualify you to serve on this board: (Please attach a brief resume)
Business Person in Delray Beach since 1974r active in community
activities as well as city planning since Visions 2000·
I h~,~y cemfy that all the a~,o~ ~,~,r~¢nts are tree, Ired I Ngree sad understand that say misstatement of mstefial facts
:°~ in~PliCZti~ m'y c~use foffdture~ture__u~on my l~n of ~ny .ppoimmem I mzy receive.
S~NATUI(E ~ ~ ~ March 17. 2003
DATE
~pF am c the City Clerk's Office fo~~ the date it was
~ubn~fitted. It ~ be the applicant's responsibility to ensure that a current ap~ica~n is on file.
CITY CLERK
o)
H)
I was a resident of Severn, Maryland, for the first twenty years of my life. Attended
University of Maryland 1955-1956, Florida Southern College 1958-1961, graduated in
1961 with a BS degree in accounting, commissioned in United States Marine Corps,
1961-1965, infantry officer, obtained rank of Captain prior to leaving active service.
Resided in Kansas City, MO 1965-1972, Comptroller of Concrete Company, Office
Products Division, IBM, Partner/Owner Cocktail Lounge & Restaurant, "The End Zone".
I moved to Delray Dunes Golf& Country Club, Palm Beach County, in September 1972,
fi.om Kansas City, MO.
I was married in 1969, wife Arlene, two children, Troy- 1970, Taryn 1972.
Realtor in Delray Beach since 1974, licensed with Gringle & Doherty, Inc., 1974-1983,
started Franklin D. Wheat, Inc., Realtors, in 1983 - 1988, returned to Gringle & Doherty,
Inc, Realtors, as partner in 1988. November 1993 became Broker/Owner of Gringle,
Doherty & Wheat, Inc. located at 100/8 East Atlantic Avenue, Dekay Beach. On August
1, 2002 moved the office to the original location that company was started, 700 East
Atlantic Avenue.
My activities in the area has included being the president of the Delray Beach Kiwanis
Club, (1980), Lt. Governor Kiwanis District 14, (1981), President of Delray Beach
Chamber of Commerce, (1986), President United Way of South Palm Beach County,
(1990), Board of Directors Old School Square, (1990), Delray Dunes Pro-Am Golf
Tournament since 1974, President Delray Dunes Golf & Country Club, (1999-2001),
Delray Beach Planning & Zoning Board, Dekay Beach Downtown Development
Association, (Served as Chairman), Delray Beach Parking Management Advisory Board,
(Served as Chairman)
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RECEIVED
HAY 0 9 2003
OITY CLERK
CLIMATE CONTROL
SERVICES
Deerfietd Beach ...................... 9~,-426-2081
Oelrey Beach ........................ .561-278-7125
Weal Palm Beach .................... 861-848-3774
Stuart ...................................... 561-223-8583
Fez lot Sales .......................... $61-274-3501
Fax for Service .................... 1-800-791-5647
CORPORATE HEADQUARTERS
1900McNab Avenue
Delmy Beech, FL 33~4-1598
Riu W.
PERSONAL
Rlta W. Ellis
Married: Dean Ellis 32 year~
2 daught~'~ 24 and 27
President of Climate Control Services, lac.
(Celebrating our 30t~ year irt business in 2003)
PROFESSIONAL
Climate Control Services, Inc. 1993 - Pre~ent
5raying Pozl~r - A substantiated history as an esfablished ln~siness.
Climate Control Services is fa,nily owned and operated, established by
Dean and Rita Ellis in 1973. Rita managed operations until 1997, when she
became P~sident. Climate Control Services is Palm Beach County's most
reliable source for air conditioning replacements, indoor air quality services,
service contracf~, major appliance services, and plumblng services.
Contribution~ to Aid Community Oriented Project~
Greater Delray Beach Chamber of Commerce
1. Business Per, on of the Year - 2000
2. Ken Elling~worth Community Service Award recipient - 2001
3, Ambassador Rising Star Award - 1999
4. Board of Directors - 1997 - Pre~ent
5. Executive Board - 2000 - present
6. Local Government Affair~ Chairman 1999 - pre~ent
7. Board of Director~ for DELPAC
8. Graduate Leadership Delray
"FPL'S #1 AWARD WINNING DEALER"
City of Delr&y Beach
1. Downtown Development Authority Board Member 1998 - Present
Vice Chairman 1999
Chairman 2000 o Present
2. Visions 2010 Fadlit~tor
3. Joint Venture Board Member 2000 - Present
4. Charter Revision Committee 1997
5, Campaign Manager for the successful elc. ction of $ current city commissioners
1999 - 2002
L
BEACH
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please t ~rint the followin informgfion:
2. Home .Addre~: Ci%,~,~,~_~) 1~ S.~ L~ ~L
3. '~ Residmce: ~ State
4. P~cip' ~s~ess, A~ss: '~% ~ S.te ~de
5. Home Phone: Bus. ess Phone: E-M~ Ad~s: Ce~ Phone: F~:
67 ~e you ~ r~r~ vo~r? If so, wh.e .e you r~ste~d?
7. ~t ~(s) ~ you ~t~ ~ ~? P~ ~t ~ o~ of p~fe~ce:
9. ~u~o~ ~fi~o~:
10. ~t ~y r~tM ptofes~on~ ~ficafions ~d ~c~ses ~ch you hol~
11. Give your p~seng or ~ost recent employer, ~d ~si~om
1~. ~s~ ~s, ~ o~l~ ~~ to ~ ~ ~ ~ ~ ~ · ~ef
I h~by c~ ~t ~e ~e s~ ~ ~ ~d I ~ ~d ~d~d ~t ~y ~ss~t of ~ ~
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
NOV ' 7 2002
CITY CLERK
O_/19/_OO~, lB: 57 5B125532G~OOO IPI PAINE ~lm~'
2~101
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
~,. Principal Bu$1nesf Adclr.'ss:
""]
Zip ~ode [
Slate Zip Cod~
£-mail.. C~eor~e~a~o~webtv. ne~
March 5, 20
City Of Delray Beach
City Clerk's Office
100 NW 1s' Avenue
Delray Beach, FI. 33444
Dea~ Sir/Madame:
Anached please fred a completed Board Member Application. It is my intention and desire to
secve on the Commtmity Redevelopment Association (CP~A'} board. As agen! for Juan Roch'iguez
and representing him with regard to his property located on West Atlantic Avenue, I have been an
active member of the cowanunil3' for the past eleven years. Through this involvement, ~s you
kno,w, I have served on various boards and committees, mid have enjoyed witnessing and being a
part of the successful redevelopmen! of Atlantic Avenue. With that said, I feel that there is more
work to be done in this redevelopment, through my involvement and the friendships I have made,
I have developed a passion 1br the Avenue and its people. I believe ~ha! my professional
experience, as described on my tesmne, ~long with my conanruxiry involvement in Delray,
u~iquely qualify me to serve as a bored member of the CRA. I am confident that together we can
complete the vision of Atlantic Avenue.
Cordially,
PO3
RESUME
GEORG'E MAS0, JON~5~
~:)UCATION: ' '
Understaduate Degree in Law
~,D in ~¢i&l Science
University of Uruguay
University of Uru~ua~
Post Doctoral Studies In the areas of 8uslness AdminiStration, International
B&nktn~, fotelj'n Relations, Communications, Mari~etlng, Me'del, Publicity,
and ,Sees Pro,not, on. .. ?
HoRs Club International Alsoclation,'Board of Directors
Charter President of United Nations Lions Club-l~)77
LitJn American lrederation o~ Public Relations, Member of Board
U~lverslty.~ IllinoiS', Chicago, Illinois-Department of Criminal J'ustice
Guest ~etuter.
Morida Atlantis UtLlverslty, Boca Riton, ~orida-lnternntional Trade
Specialist, Counselor
LANGUAGB FLUENCY:
~En$1lsh, Frenc~ Italian, PortuS'uesa, SpanlsE
I~OF~SIONAL I~X~ERIENC~
Al conlultant, advisor, tvaluatot, negotiator, and lmpalementor with
step,lye and dlvltsl!iad experience in both public and private sector, in the
Middle ~ast, ~ar ~ut, ~urope, North America, and Latin Amerce with, for
~d o~ ~half of clients Involved In lnterniUonal business ventures.
~oub]e Ihooter/or gove~mena a~d ?d~pendent bus,ness In ~mporta~t
I~i~ve and'delicate Ireu,
P~OIq~SSIONAL LNT~.RNAT~ONAL INI/OLYEM£NT:
Aufsted L~ putl:[nf together Lf~ABOL ~.(~up between uruguay, Paraguay
and ~Hvla.. Colla~rated and ~evelo~d original scheme and implemented
same ~presentin~ the ~overnment o[ ~r~uay.
P~rsonal advisor to ~olfvisn 'Ptelldent B&ttientos. Arranged ~n&nclr~s and
supplied $000 tractors to g6vernment of BolIvLA by Titan Tractor,Corpora:Ion,
New York.
Coordinated and implemented I prole, ct ol: h~..u, sfng i~d apartment complexes
fe~ the Munlcipi~ty of Mo~tdvideo, Uru~'ay. Over a peribd of five yeer~,
men than a0,000 per,RI were able ~ up,rede ~eir haul,n8 standards and
~enonil l~ving conditto~. ~ls pro, oct was a Joint effort ~tween ~ntet
American Development la~ and ~ City of Montevideo.
· R4preJe~t~tive of Uruguay to LI~P.~:O ?ariS, ~'rance. Conducted M.rr~nars in
J~urnallsm, mm commu3dcation and media strategies.
Zepre~entative of R:q)O 70 Oasis, rapeR.. Led private a~d official sectors.
Publisher of NewsPaper IXTRA for '~dlclones Orientales Cooperative
Perlodistlea' M~tevi.deo, Urujuay..
Special advisor to Dr. Jose More Otero, Iv~nlstei' of Porelsn Affairs, Uruguay.
· United Nations, NYC - Information and press advisor to sovernrnent of
Uruguay. Special Advisor tO Amb&llador of Uruguay to the United
e.
Special appointed r. egottator for barter of Uruguay s.~cep/mutton for Ku~vait
eruela oil Concluded and implemented two c~ntracts in 1978 and ~979.
l~,°egotiated Joint Venture for production o~ atari-pollution chemicals bet~.,'een
Grant Chemical Corporation, New Jet~eRattd Brazil (?etrobras).
Royal Commission fJubatD ~ingdom ~f S~udi Arabia. Plant co, plated and
Central fl~ur, in developinS 1~,000 unit apartment house project for the
Munl~piIity of Guayiqug, E~ador (Barco de'la Viv~enda).
Special assignment with ITEL Corporstton, 'San Francisco, Cal~t'ornla in
co,Junction with ~exlcan'Governmint (CONASUPO) to locate a~d retrieve
Special consultant te ?resident Itoldas of.Ecuador to arrang, e. barter betwee.n
Ecuador and India.
~rrange/'or Hafood products of Mitsui torpor, arian, Osaka, ~apan by Trina-o-
· Arranged financing ~or AM£SA, Uruguay, for its sugar refinery..(USD 27
n~tllion, completed tn three phMe$). A~so AM~SA, Urusuay have arranged
~D 12 million lair wit~ OPIC, WashlnEton. DC juarantee'. This transaction
lntertec a.A., ape. clal consultant to llrazll, Arsantfna end Urujuay in'
fntsYnit~on&l flflan~e, .banklnJ:, ~ree trade zones, for the new common market.
Special aclv~sor to the ~zech ~publlc In the ireas of International Banking,
~tetnational Trade. and Xnternatlonal Relations with Latin America.
1993
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please type or print the following information:
2. Home Address:
What Board(s) are you interested in serving.'?
City
Middle Initial
State Zip Code
3. Legal Residence City State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone: ~_-t G, - ~'4 t.,, ~ Business Phone: 7/--~-- 41 9 3 I Fax:
7. List alt City Boards on which you are currently serving or have previously served: (Please include dates)
8. Educational qualifications:
9. List any related professional certifications and licenses which you hold:
10. Give your present, or most recent employer, and position:
11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above s~atemen~s are true, and I agree and understand that any
misstatement of material fac~s contained in this application may cause forfeiture upon my part
~ appointment I may receive.
SIGNATURE DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current a~l~[~o~mc~x~o"
JAN ~ 8 2003
CITY CLERK
APPLICATION FOR APPOINTMENT AS A CRA BOARD MEMBER
Rich~r~ Mc~loin
#?
Downtown Development Authority
Board of Dire'tots - July 2001 to Preset
Deiray Beach Master Plan Design Guidelines Committee
Committee Member May 2002 through Preset
Ddray Beach Master Plan Transportation Committee
Committee Member May 2002 through Present
PuMic Arts Task Force
Committee Chainnnn Aug 2002 through P~sent
Downtown Merthants and Business Association
Board o£Directors - Jan 1999 to July 2001
1996 Ci~ of INdray Comprehensive Plan Review
Comm~tt~ for Parks and open R~ces
Sentre~t Homeowners As~.lnfion
Board ofDirec~ors - ~une 1992 to Pres~t
Southridge Homeowners Association
Board of Directors - January 1997 throuffh January 1998
Mayor's Taskforce for solutions for the Atlantic High I Se~crest property 1~96 &1997
#11
My 30 year Imsiness career includes: Electrical Englneerin~ Division VP for Greyhound Coqx~'ation and a
successful small business owner. This variety of positions has 8iven me excellent experience in
interfacing, supervising and creating a consensus with st broad range of l~ople.
My term on the Board of Directors for Pineapple Grove Main Street was as Business Coooti~*or. I
worked with the Program Manager (Tom Fleming & Lou Waldmann) and the other board members to mn
this organization in a business like manner. This position required personal interface with the business and
property owners within this district and many presentations to the Cit~ Commission and CRA board.
In Ianua~ 1~9 the Downtown Merchants and Business Assocbm'on was restmctm~ with many new
board members added. I was invited to ~ on this 5oard due to my fitmiliarlty with the business issues h
Delray both from a Pineapple Grove viewpoint and as a I~l~y owner on F~_~ Atlantic
In 1995 1 was a member to a committee to review and suBBest ehnn.°es to the clty ~omlnu~ve p~.
loire Johnson was the city staff member who chaired this comm~ee.
In 1992 1 vmrked with Ms. Deborah Dowd to establish the Seacrest Homeowne~ Association, a volunta~
membership neighborhood assoc~ion. I have been actively involved in the "nelghborbood plan~ since it
was first conceived is a joint meeting with the city malla~er, the plnnni,~ and zonin~ director arid s~-eral
Seacrest board members.. I have recently rejoined the Board of Directors.
As a property owner in the Woods of Southridge I joined their Board of Directors at the time when it was
imperative for the stability of that neighborhood to show property improvements. Part of that project was
APPLICATION FOR APPOHqTMENT AS A CRA BOARD MEMBER
Richard McGloin
woddng with the city on the plan to c~n~ the streets from private to ~ o~ ~ ~ ~
improvemcms necessary to promote this ar~a as a strong viable neighborhood.
After requests from the Seacrest Homeowner~ Association, Mayor ~ay Alperin formed a task force that
included city, county, Atlantic IiiF, h and neighborhood members to search for a solution to the blighted
property to the west of Atlantic High School. This t,t,l~ force formulated the "field house / ~mnasium ~
concept and lobbied to make it become a reality. I made rainy presentations to the city commission,
county commission and school board on behalf of this project.
10:31 FK:'OI'I: ["EL | F
06/03/02
NON 00:0Z F,q.T $01 ~43 3774
3001
cl3'~
TO: 5~1 ~43
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
P,O01 001
IEooi
Ci~
· '- '-on ~ Off'cc f°~ I l:~iod °f' 2 Ye~' ~ ' "'c
Hot¢: Th~ spplic~uon.v'.u ~mam ...... ~.n: ...... d~,~ · cu~g~ spplicsuou ~s on ~.c.
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please ty~ or pfiz the followin~ informngon:
2. Home Address:' ~' ~'~ W~ ~'tv State Zip Code
3. I.~gal Residence: ~X:LkA,x.0_. City Stzte Zip Code
4. Pfinc/p~l Business Address: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: ~'G I Fax:
If ~o, ~bere axe you z~is~red? .
6. Are you a registered voter? t~/e ~ ~\'~
?. Wh~x Board(s) are you interesxed in serving? Please li~t in orclcr of preference:
8. List all City Boards on v,'hi,fl'~ )ou are currend5 serving or hive prc~oudy served: (Plc~se include dates)
10. List any related professional certifications and licenses which you ho]d:
Il. Give your present, or most recent employer, md position:
· expo' , ' dge ' qu~Iifyyo thisbosnl:(PlcaseatUchabtlefrcsume)
Ihlrr~by cer~fy that ill t~ g'~vc sutements or~ m2c, ired I sgree stat umier~mnd ~hat may missm~mem o£m~,,-4o! fac~s
SIG~0~I~ NJ } DATE
Note: This application will remain on file in the City Clerk's (~ ~[~2 ye&rs from the date it vas
submined. It will be the spplicsflt's responsibility to ensure mst i .current Ipplicition is on file.
MAY 1 ~l 2003
CITY OLERK
p~., R).Y BF~CH
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please tTpe or print ~c ~ol~aw'i~ information:
1. last Name:
I 2. Home Address: City State Zip Code
3. Icg, al l~sidencc: City State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
6. Are you a registered vote~? If so, where ~e you registered?
7. What Boa£d (s3/a~ you interested in serving? Please list iff order of preference:
8. Li~t all Ci~. Bo~rd~ on which you are currently sen'lng o~ have previouS, served: (Please ifldede date~)
10. List any related professionxl certifications and licenses which you hold:
11. Give your p~esent, o~ most recent employe~, and position:
12. Desczibe experiences, skills or knowledge which qu~lif~ you to serve on this bold: Piece at~ach · brief l~sume)
SIGNATURE DATE
Note: This application will remain on file in the City Clerk's Office for a period of 2 yeax's f~om the date it was
submitted. It will be the applicant's responsibility to ensure that · current application is on file.
RECEIVED
HAY
k4a~,-I 5-Z003
05/14/03
Ol:45pm From-OCEAN CITY PROPERTIES
WED 15:10 FAX 561 243 3774
S61Z?B6ZZ1 T-44g P.OOz/onz
CiTY CLP. RK
{~002
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
'n~ the ~oLlo~
3. ~g~ Residence: ~ S~te ~p ~de
4. ~cip~ 9us~ss Ad~s: O~ S~tc ~ Code
S. Home Phon~: ~usinc.s Phon~ ~-~ Ad~ss: 'C~ Ph~e: F~:
7. ~st Boad(s) ate you ~t~md ~ s~? P~e ~t ~ o~ of~cnc~
8- ~ ~ Ci~' Bo~d~ ~ ~ch you ~e ~ ~ ~ hav~ p~oufly ~ed: ~l~sc ~clu~e d~es)
~0. ~st ~y zehte8 professio~ ce~ons ~d ~ses ~ch you
11Y Give yo~ pzescng oz mos~ zec~t ~oy~, ~d
I hereby c~ ~t ~ ~e ~e smtem~ ~e ~, ~ l ~ ~ ~d~-~ ~t ~y ~,~,~ of~?*~1 ~c~
c~ ~ ~ appS~aon may ~use fo~ upon m7 p~ oily/ppom~ I may t~ve.
~ote: This ~ppl.icsgon 'will zemam on fde in the C, Jry ~'s Office for · period of 2 y¢~"~ fxom the date It was
aubmir~cd. It will be ~e appUc~t'a ~spoo~ibility w easuz~ that · cut, em sppli~fion is on
RESUME
JANET ONNEN
.Meisner Elec~'ic Inc. 7/01/81t
Delray Beach, Florida
Chief Executive Officer/Secrem.~y/Treasurer
Corporate Banking Relationships
Corporate Bonding Relagonships
Upper Management
Develop and Review Corporate Policies
i.e. Personal, Safety, Customer Bidding, Vehicle, Tool,
Pwchasing, Record Retention, Qualit~ Control
Customer Conwact Negotiations and Administration
Corporate Litigation
Review Staff Performance
Corporate Promotion and AdYenisin8
Corporam Inve~h,~ems
Meisner Eleclric is a Member of the Following Trade Associations
Associated General Con~ractors
Associated Builders and Conlractors
American Subcontractors Association
Nalional Association of Woman in Construction
Consiructlon Financial ,Management Association
National Association of Woman Business Owner
Florida Home Build~rs
-Meisner Elec~c Inc. 8/01/81 m 7/01/83
Delray Beach, Florida
Dir~cWr/Corporam Seerelary
Supervisor of Accounling and Dam Processin$
Branch Office Selup and ~em~i
C~omer C~ct Nego~ons
C~m~ Colle~ons
B~ ~d Co~ora~ ~ce S~n~
Resome-Jane~ Onnen
P~ge 2,
.Meisner Eleclric Inc. 7/01/'/1 to 8/01/81
Newton, Iowa
Corporate Secretary
AccounIing Supervisor
Data Processing Supervisor
Develop and Administer Electrical Apprenliceship Program
Select and Administer Pension Plan
Education:
University of Iowa 1968 - 1972
Business Aam~nlsl~ation
Numerous Seminars Cova-ing thc Following Topics
Risk Management
Job Cost Accounr3ag
Records Man~emcm
Com~cmcfion Litigation
Workmens Compensation
Product Liabilit~
Disaster Recovery*
Public Affairs and Legislative Process
Bonding
Change Order Costing
Corporale Survival/Plannin$
Equal Employment/Affh-mative Aciion
Drug Te~ng
Persormel Hirii~i~
Florida Lien Law
Baaki~/cosh Flow
Uninterruptible Power Systems
UPS/Genuator Sizing
~00~
- CITY OF DELRAY BEAGH
BOARD MEMBER APPLICATION
Ii. GiYc ]rc~ S, zu4~- o~ most t~c~t anXd°~:' md I~G~
F'ROH : ~,':G F~:'( 110. :..~5612746:].~-9.,~.._. 1'29. 15 -_-~03 ID2;B4PI'i_ P2
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # q ~ - REGULAR MEETING OF MAY 20. 2003
RESOLUTION NO. 33-03(A) and 38-03 (OLD SCHOOL sOUARE MASTER
DATE: MAY 19, 2003
Attached for yom review is Resolution No. 33-03(A) and 38-03 regarding the Old School Square
Master Plan Task Team as originally written with five (5) members, should the Commission select the
City Attorney's Option #1 from the memo dated 5/16 for Item 9F.
S:\City Clerk\chevelle folder\agenda raemos\Res.38-O3.OldSchoolSquareTeam.5.20.03
RESOLUTION NO. 33-03(A)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ESTABLISHING OLD SCHOOL SQUARE MASTER .PLAN
TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION;
PROVIDING FOR OBJECTIVES FOR SAID TASK TEAM; PROVIDING FOR
COMPOSITION OF SAID TASK TEAM AND APPOINTMENT THERETO;
PROVIDING AN EFFECTWE DATE AND SETI'iNG A SUNSET DATE.
WHEREAS, the Board of Directors of Old School Square has developed a Master Plan with
recommendations and options for the future development and expansion of Old School Square
Cultural Facility; and
WHEREAS, Phase II as proposed includes the purchase and exchange of land as well as
construction of a parking garage and green space; and
WHEREAS, Phase III as proposed includes the purchase of property and the construction
of a new museum building; and
WHEREAS, on April 8, 2003 the City Commission of the City of Delray Beach, by
consensus, agreed that an Old School Square Task Team should be established to provide
recommendations concerning plan elements, implementation and financing of said plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there hereby is established the Old School Square Master Plan Task Team
which shall review the proposed Old School Square Master Plan Phases II and III including options
and make recommendations for an implementation and financing plan for each phase.
Section 2. That the Old School Square Master Plan Task Team shall have seven (7)
members appointed by the Mayor and City Commissioners. The composition of the Task Team
shall include (1) representative of Old School Square, (1) representative from the Community
Redevelopment Agency, (1) representative from the Downtown Development Authority; (1)
representative from Pineapple Grove Main Street; (2) property owners in the Old School Square
District; and (1) representative from City staff,.
Section 3. That the Task Team shall have technical and logistical support provided as
designated by the City Manager and Chairman of the Board of Old School Square.
Section 4. That the Old School Square Master Plan Task Team shall mediately pursue it's
assigned tasks with a target date of accomplishing said task by December 31, 2003. In addition, the
Task Team should assist in developing any concepts or information needed for grant applications.
Section 5. That the Old School Square Master Plan Task Team shall disband upon
completion of it's assigned task or by December 31, 2003, unless otherwise extended by action of
the City Commission
PASSED AND ADOPTED in Regular Session the
day of May, 2003.
ATrEST:
MAYOR
City Clerk
2 RES. NO. 33-03(A)
RESOLUTION NO. 38-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ESTABLISHING OLD SCHOOL SQUARE MASTER PLAN
TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION;
PROVIDING FOR OBJECTIVES FOR SAID TASK TEAM; PROVIDING FOR
COMPOSITION OF SAID TASK TEAM AND APPOINTMENT THERETO;
PROVIDING AN EFFECTIVE DATE AND SETHNG A SUNSET DATE.
WHEREAS, the Board of Directors of Old School Square has developed a Master Plan with
recommendations and options for the future devdopment and expansion of Old School Square
Cultural Facility; and
WHEREAS, Phase II as proposed includes the purchase and exchange of land as well as
construction of a parking garage and green space; and
WHEREAS, Phase III as proposed includes the purchase of property and the construction
of a new museum building; and
WHEREAS, on April 8, 2003 the City Commission of the City of Delray Beach, by
consensus, agreed that an Old School Square Task Team should be estabhshed to provide
recommendations concerning plan elements, implementation and financing of said plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there hereby is established the Old School Square Master Plan Task Team
which shall review the proposed Old School Square Master Plan Phases II and III including options
and make recommendations for an implementation and financing plan for each phase.
Section 2. That the Old School Square Master Plan Task Team shall have five (5) members
appointed by the Mayor and City Commissioners. The composition of the Task Team shall include
(1) representative of Old School Square, (1) representative from the Community Redevelopment
Agency, (1) representative from the Downtown Development Authority; (1) representative from
Pineapple Grove Main Street; and (1) representative from City staff.
Section 3. That the Task Team shall have technical and logistical support provided as
designated by the City Manager and Chairman of the Board of Old School Square.
Section 4. That the Old School Square Master Plan Task Team shall immediately pursue it's
assigned tasks with a target date of accomplishing said task by December 31, 2003. In addition, the
Task Team should assist in developing any concepts or information needed for grant applications.
Section 5. That the Old School Square Master Plan Task Team shall disband upon
completion of it's assigned task or by December 31, 2003, unless otherwise extended by action of
the City Commission
th
PASSED AND ADOPTED in Regular Sessmn the 20 day of May, 2003.
ATI'EST:
MAYOR
City Clerk
2 RES. NO. 38-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # ~) '~ - REGULAR MI~.ETING MAY 20. 2003
ORDINANCE NO. 6-03 (AMENDMENT TO LAND DEVELOPMENT
DATE: MAY 16, 2003
This is second reading and public heating for Ordinance No. 6-03 amending Sections 4.4.13(G)(1)(e),
"Supplemental District Regulations" and 4.6.9(C)(2)(c), "Requirements for Residential Uses" of the
Land Development Regulations (LDR) regarding guest parking in multi-family developments.
Ordinance No. 6-03 provides for accessible guest parking spaces in multi-family developments for all
visitors and guests.
At first reading on May 6, 2003, the City Commission passed Ordinance No. 6-03.
Recommend approval of Ordinance No. 6-03 on second and final reading.
S:\City Clerk\chevellc folder\agenda memos\Ord. 6.03.05.20.03
TO:
THRU:
FROM:
SUBJECT:
~RLING, D~CTOR OF PLANNING & ZONING
ONS~/P/N, PARKING MANAGEMENT SPECIALIST
MEETING OF MAY 6, 2003 - REGULAR AGENDA
AMENDMENT TO LAND DEVELOPMENT REGULATIONS WITH
REGARDS TO GUEST PARKING IN MULTI-FAMILY
DEVELOPMENTS
Currently the Land Development Regulations (LDR) Sections 4.4.13(G)(1)(e) and
4.6.9(C)(2)(c) require the following amount of guest parking with multi-family developments.
~ The first 20 units require 0.50 spaces/unit
~ Units 21 through 50 require 0.30 spaces/unit and,
~' Each unit above 50 requires 0.20 spaces/unit
With the recent increase of in-fill housing in the Downtown area most developers are
providing parking in private garages below the residential units. In cumulatively calculating
their parking requirements guest parking spaces are in some cases included as spaces
within individual private garages. Although the parking requirement is met numerically,
visitors and guests to the development do not have access to these guest parking spaces.
Ordinance No. 06-03 (attached) proposes revisions to the LDR that will require all guest
parking in multi-family developments to be located in areas accessible to all visitors and
guests.
Parking Management Advisory Board (PMAB): The proposed amendment was reviewed
by the PMAB on February 25, 2003 and the Board recommended approval.
Community Redevelopment Agency (CRA): The proposed amendment was reviewed by
the CRA on March 19, 2003 and the Board recommended approval.
Downtown Development Authority (DDA): The proposed amendment was reviewed by the
DDA on March 19, 2003 and the Board recommended approval.
Planning & Zoning Board (P&Z Board): The proposed amendment was reviewed by P&Z
Board at their meeting of April 21, 2003 and the Board recommended approval.
By motion, approve on first reading LDR text amendment to Sections 4.4.13(G)(1)(e) and
4.6.9(C)(2)(c) with regards to guest parking in multi-family structures.
Attachment:
[] Ordinance No. 06-03
ORDINANCE NO. 06-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT",
SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS";
SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS",
SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED",
SUB-SUBSECTION (2), "REQUIREMENTS FOR RESIDENTIAL USES",
TO PROVIDE REGULATIONS FOR THE LOCATION AND
ACCESSIBILITY OF GUEST PARKING SPACES; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, with the recent increase of in-fill housing in the Downtown area there
has been an increase in the number of developers providing parking in garages below
the residential units, which are in some cases, including required guest parking spaces
in these private garages. Although the parking requirement is met numerically, visitors
and guests to the development have very limited access to these guest parking spaces;
and
WHEREAS, The City Commission has determined it to be in the best interest of
the public's health safety and welfare to regulate that guest parking to be open to
visitors and guests.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.13, "Central Business (CBD) District", Subsection
(G), "Supplemental District Regulations", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be amended to read as
follows:
(G) Supplemental District Re.qulation~' In addition to the supplemental
district regulations as set forth in Article 4.6, except as modified below, the following
shall also apply.
(1) Parkinfl:
(a) Within that portion of the CBD bounded by Swinton Avenue on the
west, N.E. 1st Street on the north, the Intracoastal Waterway on the
east and S.E. 1st Street on the south, the parking requirements for all
non-residential uses, except restaurants, shall be one space for each
300 square feet or fraction thereof. The parking required for the
creation of new floor area, shall also include the replacement of any
previously required parking which may be eliminated. Within all other
(b)
(c)
(d)
(e)
geographic areas of the CBD Zone District, the provisions of Section
4.6.9(C) shall apply, as further modified within this Subsection (G)(1).
[Amd. Ord. 61-01 1/8/02]; [Amd. Ord. 4-01 2/6/01]; [Amd. Ord. 63-
93 11/23/93]
When the parking requirements are applied to either new development,
expansion of an existing use or a change in use, which results in the
requirement of only one new parking space, a one space exemption
shall be allowed. This exemption may only occur once per property.
[Amd. Ord. 6-01 2120101]; [Amd. Ord. 63-93 11123193]
If it is impossible or inappropriate to provide required parking on-site or
off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option
provided in Section 4.6.9(E)(3) may be applied. [Amd, Oral. 63-93
11/23/93]
The parking requirement for restaurants is established at six (6) spaces
per 1,000 square feet of floor area. [Amd. Ord. 63-93 11/23/93]
The parking requirements for residential units in multi-family structures
and mixed-use buildings shall be as follows: [Amd. Ord. 37-99
10/19/99]
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwelling unit 1.75 spaces/unit
· Guest parking shall be provided cumulatively
as follows:
- for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
- for units 51 and above 0.20 spaces/unit
Within Townhouse and Townhouse type developments, parking may be
provided in front of garage units provided that such parking does not
result in the space for one unit impeding access to a space of the other
unit. [Amd. Ord. 37-01 7/10/01]
Location of Guest Parking Spaces: Guest parking spaces must be
accessible to all visitors and .quests and may be centralized or located
near recreational features within a development proiect.
(2) Setbacks: Within the area encompassed by the boundaries of the DDA
as originally established in Section 8.2.2(B), there shall be no required front, side
(interior), side (street), or rear building setbacks except where there is no dedicated
access to the rear of a building, a ten foot (10') side setback shall be provided. [.Amd.
Ord. 22-99 7/20/99]
(a) Within those sections of the CBD zoning district located in the
Pineapple Grove Main Street area and east of the Intracoastal
Waterway, a front setback of not less than five feet (5') nor greater than
ten feet (10') and a 5' side (street) setback shall be provided. There
shall be no required side (interior) or rear building setbacks except
where there is no dedicated access to the rear of a building, a ten foot
(10') side setback shall be provided. [Amd. Ord. 22-99 7/20199]
Section 2. That Section 4.6.9, "Off-Street Parking Regulations",
Subsection (C), "Number Of Parking Spaces Required", Sub-Subsection (2),
"Requirements For Residential Uses", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be amended to read
as follows:
2) Requirements for Residential Use~:
(a)
Single Family Detached Residencee: -- two spaces per dwelling unit.
Tandem parking may be used provided that in the Single Family (R-1
District) or RL District, no required parking space may be located in a
required front or street side setback.
(b)
Duplexes: -- two spaces per dwelling unit. Tandem parking may be
used provided that such parking does not result in the space for one
unit impeding access to a space of the other unit. Further, curb cuts or
direct access from parking areas onto a street shall not exceed 24' in
width.
(c) Multiple Family Structures:
* Efficiency dwelling unit
* One bedroom dwelling unit
* Two or more bedroom d.u.
* Guest parking shall be provided
cumulatively as follows:
- for the first 20 units
- for units 21-50
- for units 51 and above
[Amd. Ord. 46-96 11/5/96]
1.0 space/unit
1.5 spaces/unit
2.0 spaces/unit
0.5 spaces per unit
0.3 spaces per unit
0.2 spaces per unit
Within townhouse and townhouse type developments, parking may be
provided in front of garage units provided that such parking does not
result in the space for one unit impeding access to a space of the other
unit. [Amd. Ord. 37-0'1 7110101]
(d) Location of Guest Parkinq Spaces: Guest parking spaces must be
accessible to all visitors and ,quests and may be centralized or located
near recreational features within a development project. A portion of
guest parking spaces may be provided in stabilized sod pursuant to
Section 4.6.9(D)(8). [Amd. Ord. 28-99 8/17/99]
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. That all ordinances or pads of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 5. 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 ,200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading.
TO:
THRU:
FROM:
SUBJECT:
P~L D~N' HARDF_.~, CITY MANAGER
G, D~'~OR OF
/~ ~DII~, PLANNING&ZONING
/SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST
MEETING OF MAY 20, 2003 - REGULAR AGENDA
AMENDMENT TO ORDINANCE 7-03 WITH REGARDS TO PARKING
REQUIREMENTS FOR SELF SERVICE STORAGE FACILITIES IN THE
NORTH FEDERAL HIGHWAY OVERLAY DISTRICT
Ordinance 7-03, allowing self service storage facilities as a permitted use in the North Federal
Highway Overlay District was adopted on April 15, 2003 with direction to staff to review the parking
requirements and return to City Commission with a recommendation.
Staff has done a review of national parking requirements for self service storage facilities (mini-
warehouses) and has determined that parking requirements based on total square footage of a facility
can be less accurate than requirements based on the total number of storage units. As the number of
storage units will directly affect traffic demand Staff is recommending our requirements be based on
the number of units. Through a review of the parking requirements for self service storage facilities of
several municipalities (attached), Staff is recommending that the parking requirements for self service
storage facilities as proposed in the North Federal Highway Overlay District should be 1 space for
every 50 storage units, or portion thereof, inclusive of the associated management office. Calculating
the parking requirement at 1 space per 50 units would require 24 parking spaces for the proposed self
service storage facility containing 1200 units. Of the eleven examples provided (10 from the American
Planning Association's Parking Standards Report 510/511), this requirement was in the lower end of
requirements, which ranged from 1 space per 5 to 1 space per 100 storage units, exclusive of parking
for the associated management office. Given the proposal the required parking would have ranged
from 12 to 240 spaces for a 1200 unit facility.
To further support this recommendation Staff reviewed the traffic generation rates contained in the 6th
edition of the Institute for Traffic Engineers Manual. Based upon 1200 storage units the following trips
are expected to be generated trips per hour.
Average Rate Total Trips Per Hour
Weekday AM/PM Peak Hour .03 36
Weekday Total Trips '1200 x .28 / 16 Hrs. 21
Saturday Peak Hour .04 48
Saturday Total Trips '1200 x .25 / 16 Hrs. 18.75
Sunday Peak Hour .03 36
Sunday Total Trips '1200 x .18 / 16 Hrs. 13.5
a: 1200 Units x Average Rate + Maximum Operating Hours/Day = Total Trips per Hour
As indicated above, traffic generation ranges between 13.5 and 48 trips per hour. Given these
numbers the provision of 1 space per 50 storage units appears reasonable (24 spaces in this case).
Ordinance 15-03 (attached) proposes a revision to Ordinance 7-03 outlining the aforementioned
parking requirements.
By motion, approve on first reading Ordinance 15-03 modifying the parking requirements for self
service storage facilities.
Attachments: [] National Requirements
D Ordinance 15-03
ORDINANCE NO. 15-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 7-03,
AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT",
SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT",
SUBSECTION (G)(2), "NORTH FEDERAL HIGHWAY OVERLAY
DISTRICT", TO ADD SELF SERVICE STORAGE FACILITIES AND
ADDING SUBSECTION (c) PROVIDING SUPPLEMENTAL
REGULATIONS FOR SELF SERVICE STORAGE FACILITIES;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 7-03 was passed and adopted in regular session on second and
final reading on April 15, 2003; and
WHEREAS, this Ordinance mends Ordinance No. 7-03 to provide specific parking rates in
the North Federal Highway Overlay District for self service storage facilities; and
WHEREAS, the City Commission of the City of Delray Beach finds that the change is
consistent with and furthers the goals and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Ordinance No. 7-03 amending Section 2(C)(2), Subparagraph
(c) be, and the same is hereby, amended to read as follows:
(2) North Federal Highway Overlay District: The following supplemental district
regulations apply to the North Federal Highway Overlay District, as defined in Section 4.5.7.
(c) In addition to subsection (b) above, any self service storage facility shall
comply with the following. The following regulations supersede Section 4.3.3(A):
area is 3 acres.
(1)
Lot Area: The minimum lot area is 1.5 acres and the maximum lot
(2) Facilities and Requirements:
(a) Outdoor bay type access to individual self-storage units that
face a street is prohibited. The exterior loading access points shall be designed in such a way to
minimize sight lines from adjacent roads.
(b) No building shall exceed forty-eight feet (48') in height.
(c) Parking shall be provided at the .n, .... · ~.,u ;~ ~,;~_ 4 6 9
c~ +u .... :,~a ~.; .... a ~+~:, ..... rate of 1 parking space per 50 storage nnlt~ or portion
thereof, inclusive of associated management office, plus a minimum of two (2) loading spaces for
the self service storage facility that must be striped and signed to limit the time for loading and
unloading to one (1) horn.
(d) At least 2,500 square feet of ground floor area shall be
devoted to at least one additional principal retail or service use without limiting the foregoing. The
additional principal uses may be eating and drinking establishments, retail or personal service.
Section 2. That all ordinances or parts of ordinances in express conflict herewith be, and the
same are hereby repealed, provided, however, all other terms and provisions of Ordinance No. 51-
02 shall remain in full force and effect.
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- That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the __
day of ,200__.
ATTEST
MAYOR
City Clerk
First Reading.
Second Reading_
2 ORD NO. 15-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~) ~ - REGULAR MI~.~.TING OF MAY 20. 2003
ORDINANCE NO. 10-03 (AMENDING SECTION 4.5.1.(M) OF THE LAND
DEVELOPMENT REGULATIONS)
DATE: MAY 16, 2003
This ordinance is before Commission for second reading and public hearing to amend Section
4.5.1(M), "Tax Exemption for Historic Properties", of the Land Development Regulations of the
Code of Ordinances to provide clarification of the tax abatement process and applicability; and
consistency with the Florida Administrative Code.
At the first reading on May 6, 2003, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 10-03 on second and final reading.
S:\City Clerk\chevelle folder\agenda merno~\Ord. 10.03.5.20.03
TO:
THROUGH:
I~ ~FROM:
~SUBJECT:
DAV~)~~ ~ANAGER
PAUL DORLING,~II~'OR OF PLANNING AND ZONING
WENDY SHAY, HISTORIC PRESERVATION PLANNER
MEETING OF MAY 6, 2003
AN ORDINANCE AMENDING LDR SECTION 4.5.1(M)~ TAX EXEMPTION FOR
HISTORIC PROPERTIES.
The proposed text amendment will provide clarification to the tax abatement process within the Land
Development Regulations and update them to be consistent with recent amendments to the Florida
Administrative Code (FAC) Chapter 1A-38, "Tax Exemption for Historic Properties", effective in
September, 2000. The FAC currently allows a tax exemption application to be processed before,
during, or after a project has been initiated. Previously, and pursuant to the current LDR's, a project
could only be initiated prior to the beginning of the construction, preferably concurrently with site plan
and/or Certificate of Appropriateness approval. Given the above, the amendment makes the
necessary changes to allow submittal before, during, or after a project is completed.
The amendment also modifies the responsible entity providing the written order of Board action from
the Board to staff. The amendment adds a time limit for submission of 18 months after construction for
Part I of the initial tax exemption request. The amendment further clarifies what improvements are
eligible for tax exemption credit. Currently, LDR Section 4.5.1(M)(5), "Qualifying Properties and
Improvements," allows an exemption for improvements made to both contributing and non-
contributing buildings or structures. The revision will allow the exemption to apply to improvements to
contributing principal buildings and their associated accessory structures. Improvements to non-
contributing buildings, structures, or any type of new construction on non-contributing properties will
not be eligible.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the goals, objectives, and policies of the
Comprehensive Plan. As noted previously, this amendment is being initiated more for clarification
purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
During its meeting of April 16, 2003, the Historic Preservation Board recommended approval of an
LDR text amendment to Section 4.5.1(M), Tax Exemptions for Historic Properties.
On April 21, 2003, the Planning & Zoning Board recommended approval of the proposed LDR text
amendment to Section 4.5.1(M), Tax Exemptions for Historic Properties.
Approve Ordinance 10-03, based upon positive findings with respect to LDR Section 2.4.5(M)(5).
Attachmenb ,' Ordinance 10-03
ORDINANCE NO. 10-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS", SUBSECTION
0Vi) "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO
PROVIDE CLARIFICATION TO THE TAX ABATEMENT
PROCESS AND APPLICABILITY, AND TO BE CONSISTENT
WITH THE FLORIDA ADMINISTRATIVE CODE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 21, 2003 and voted to recommend that
the changes be approved; and
WHEREAS, pursuant to Horida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and Environmental
Management Districts", Section 4.5.1, "Historic Preservation Sites and Distzicts", Subsection
4.5.1(M), "Tax Exemption for Historic Properties", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
CM') Tax Exemption for Historic Properties:
(1) The City Commission hereby creates a tax exemption for the restoration,
renovation or rehabilitation of qualifying historic properties designated in Section
45 1/~'r"/'~'q~"~ -~- . .
' "k'"~t '.,,.,'v ~- (L). as amended. Qualifying properties shall be exempt from that portion
of ad valorem taxation levied by the City of Delray Beach on 100% of the increase in
assessed value resulting from any renovation, restoration or rehabilitation of the qualifying
property made on or after the effective date of this ordinance.
(2) The above exemption does not apply to:
ORD. NO. 10-03
(a) Taxes levied for payment of bonds;
Taxes authorized by a vote of the electors pursuant to Section 9(b)
or Section 12, Article 7 of the Florida Constitution; or
(c) Personal property.
(3) Duration of Tax Exemption:
The exemption period shall be for ten (10) years, beginning January
1st following the year in which final approval is given by the City
Commission and the Palm Beach County Property Appraiser has
been instructed to provide such exemption. However, the City
Commission shall have the discretion to set a lesser term if zcquc:tcd
The term of the exemption shall be specified in the resolution
approving the exemption and shall continue regardless of any
changes in the authority of the City to grant such exemption or
change in ownership of the property. To retain an exemption, the
historic character of the property and the improvements which
qualified the property for an exemption must be maintained in their
historic state over the period for which the exemption was granted.
(4) Effective Date of Exemption: The effective date of the tax exemption shall
be January 1 of the year following the year in which a historic preservation exemption
covenant is recorded and a copy of the Final Application and resolution of the City
Commission, as approved, have been transmitted to the Palm Beach County Property
Appraiser.
(5) Qualifying Properties and Improvements:
The following real property in the City is a qualifying property for
the purposes of this ordinance if at the time the exemption is
approved by the City Commission, the property:
is individually listed in the National Register of Historic
Places pursuant to the National Historic Preservation Act of
1966, as amended; or,
(ii) is a contributing property to a National Register-listed district; or
2 ORD. NO. 10-03
is designated as a historic property, or as a contributing
property to a historic district, under the terms of the City's
historic preservation ordinance; and,
has been certified by the Historic Preservation Board as
satisfying (a) (i), (ii), or (iii).
For an improvement to a historic property to qualify the property
for an exemption, the improvement must:
be consistent with the United States Secretary of the
Interior's Standards for Rehabilitation, as amended;
be determined an improvement by the Historic Preservation
Board as to-meet-edt~ established in rules adopted by the
Department of State, Division of Historical Resources, FAC
1A-38, as amended which defines a real property
improvement as changes in the condition of real property
brought about by the expenditure of labor and money for the
restoration, renovation, or rehabilitation of such property.
Improvement shall include, but are not limimd to:
modifications, repairs, or additions to the principal
contributing building and its associated accessory structures
(.i.e. a garage, cabana. _truest cottage, storage/utili~ structures,
swimming pools), whether existing or new. as long as the
new construction is compatible with the historic character of
the building and site in terms of size. scale, massing, design~
and materials, and preserves the historic relationship between
a building or buildings, hnd~cape features, and open
The exemption does not apply to improvements made to
non-contributing principal buildings or their non
contributing accessory, structures.
be consistent with Section 4.5.1(E), "Development
Standards", of the City's Land Development Regulations;
and
include, as part of the overall project, visible improvements
to the exterior of the structure.
Evaluation of Property Used for Government or Nonprofit Purposes:
3 ORD. NO. 10-03
For purposes of the exemption under Section 196.1998, Florida
Statutes, a property is being used for government or nonprofit
purposes if the sole occupant of at least 65 percent of the useable
space is an agency of the federal, state or a local government unit or
a nonprofit organization certified by the Department of State under
Section 6!7.013 617.0301, Florida Statutes.
For purposes of the exemption under Section 196.1998, Florida
Statutes, a property is considered regularly and frequently open to
the public if public access to the property is provided not less than
12 days a year on an equitably spaced basis, and at other times by
appointment. Nothing herein shall prohibit the owner from
charging a reasonable nondiscriminatory admission fee, comparable
to fees charged at similar facilities in the area.
Application for Exemption:
Any property owner, or the authorized agent of the owner, that
desires an ad valorem tax exemption for the improvement of a
historic property must file a w~ttcn Tax Exemption Application with
the Planning and Zoning Department. The application shall be
made on the two-part Historic Preservation Property Tax
Exemption Application, approved by the State of Florida, Division
of Historical Resources. Part 1 of the application, the
Pzcc. Construction Application, shall be submitted ~
after qualifying improvements are initiated and Part 2, the Final
Application/Request for Review of Completed Work, shall be
submitted upon completion of the qualifying improvements. The
Final Application shall contain the Historic Preservation Exemption
Covenant, as provided for herein.
Part 1, Proc_Construction Application:
A PzzcConstmction Application shall be fried with the Planning and
Zoning DeparUnent before, ~ the qualifying project is
L-ASz, tcd constructed. The PzccConsrtucfion Application shall also
contain information concerning the pzc.?c.g¢d estimated cost of the
qualifying improvemen~ and be accompanied by a copy of the most
recent tax bill from the Palm Beach County Property Appraiser for
the property. Upon receipt of the PzccConstruction Application, the
Historic Preservation Planner shall review the application and
4 ORD. NO. 10-03
(9)
determine whether the application is complete and whether the
property satisfies the requirements of Section 4.5.1(M)~5) /Axf_~ and
is therefore eligible for review by the Historic Preservation Board.
Review of Pr¢¢Construction Application by the Historic Preservation Board:
The Historic Preservation Board shall review the PrccConstruction
Application within 60 days of the Historic Preservation Planner's
determination of eligibility. The exterior portion of the work shall be
reviewed in accordance with the Certificate of Appropriateness
review process simultaneously with the Part 1, Pr¢cConstrucfion
Application. If site plan approval or a variance is required for the
project, the respective applications shall be presented to the Historic
Preservation Board in conjunction with the Certificate of
Appropriateness review process. A
-rr ............................. ~c, atd. If
part I of the Construction Application is subm/tted after the Droie~t
has been completed, the application must be submitted within
months from the date of issuance of a Certificate of Occupancy.
If the Historic Preservation Board determines that the work.
as proposed, is a qualifying improvement and is in
compliance with the review standards contained in Section
4.5.10S) ~-~.~)(~,), the PzccConstruction Application and, if
applicable, the Certificate of Appropriateness shall be
approved by the Historic Preservation Board, __a ,u_ uA_
If the Historic Preservation Board determines that the work,
as proposed, is not a qualifying improvement or is not in
compliance with the review standards contained in Section
4.5.1.~ t.~(9, corrective measures shall be prescribed by the
Board ~U.c app~2ca.nt aka~ ~c ac. ad;-iacd k-: ':.'~ting.
5 ORD. NO. 10-03
(1~0-t4) Part 2, Final Application/Request for Review of Completed Work:
(a)
If the Historic Preservation Board determines that the work is a
qualifying improvement and is in compliance with the review
standards contained in Section 4.5.1~ {M)(-43, the Board shall
approve the Final Application/Request for Review of Completed
Work and the Historic Preservation Planner shall issue a written order
to the applicant. The C~ry- Historic Preservation Planner will inspect
the completed work to verify such compliance. The review of the
Historic Preservation Board shall be completed within thirty (30) days
of the receipt of the ~ Final Application/Request for Review
of Completed Work as verified by the Historic Preservation Phnner.
The Final Application/Request for Review of Completed Work shall
be accompanied by documentation of the total cc. at ~ of
the qualifying improvements. Appropriate documentation may
include, but is not limited to, paid contractor's bills, AIA Forms
702-70~_, canceled checks, copies of invoices, and an approved
building permit application listing the cost of work to be performed.
Upon the receipt of a Final Application/Request for Review of
Completed Work and all required supporting documentations, the
Historic Preservation Board shall conduct a review at a regularly
scheduled public meeting to determine whether or not the
completed improvements are in compliance with the work described
in the PzccConstruction Application, approved amendments, if any,
and Section 4.5.1.~Fa) t.%¢(~.)(b). After the above menfione~d review,
the Historic Preservation Board shall recommend that the City
Commission grant or deny the exemption.
¢)
If the Historic Preservation Board determines that the work. as
completed, is either not a qualifying improvement or is not in
compliance with the review standards contained in Section 4.5.1(E)
r~/Ax the applicant shall be advised that the Final Application has
been denied. £uck dcz':A.~ r,k-l..2 ~¢ :.~ 'g'~:ig &'12 Tthe Historic
Preservation Planner shall provide a written summary of the reasons
for the determination ~
Appeal to the Historic Preservation Board's Decision:
6 ORD. NO. 10-03
P.z-.Sc-x ............ Aany actton taken by the Historic Preservation
Board is appealable to the City Commission pursuant to Section 2.4.7(E),
"Appeals".
(12~44) Approval by the City Commission:
Upon approval of a Final Application/Request for Review of
Completed Work by the Historic Preservation Board, the Final
Application shall be placed by resolution on the agenda of the City
Commission for approval. The resolution of the City Comtmssion
approving the Final Application shall provide the name of the owner
of the property, the property address and legal description, zcqu~zc
d~"-o~aet,-to _a recorded dae restrictive covenant, as provided in
Section 4.5.1 (M)(13~k in the official records of Palm Beach County as
a condition of receiving the exemption, and the effective dates of
petqod-of--fime the exemption ',~.LM'em~m~m~fi~t, including an~ the
expiration date o&the-ex-empfion.
(13-14) Historic Preservation Exemption Covenant:
(a)
Co)
To qualify for an exemption, the applicant must sign and return the
Historic Preservation Exemption Covenant with the Final
Application/Request for Review of Completed Work. The
covenant, shatt-be-in-~fonn as established by the DepaiU,~ent of
State, Division of Historical Resources, shall be in a form approved
by the Ci.ty of Delray Beach City Attorney's Office and applicable
for the term for which the exemption is granted and shall require the
character of the property and qualifying improvements to be
maintained during the period that the exemption is granted.
On or before the effective date of the exemption, the owner of the
property shall have the covenant recorded in the official records of
Palm Beach County, Florida, and shall cause a certified copy of the
recorded covenant to be delivered to the City's Historic Preservation
Planner. Such covenant shall be binding on the current property
owner, transferees, and their heirs, assigns and successors. A
violation of the covenant shall result in the property owner being
subject to the payment of the differences between the total amount of
the taxes which would have been due in March of each of the
previous years in which the covenant or agreement was in effect had
the property not received the exemption and the total amount of
7 ORD. NO. 10-03
taxes actually paid in those years, plus interest on the difference
calculated as provided in Sec. 212.12(3), Florida Statutes.
(1415) Completion of Work:
An applicant must complete all work within two (2) years following
the date of approval of a Part 1 Pzcc_Construcfion Application by the
Historic Preservation Board. A PzccConstruction Application shall
be automatically revoked if the property owner has not submitted a
Final Application/Request for Review of Completed Work within
two (2) years following the date of approval of the PzccConstruction
Application.
The City Commission, upon the recommendation of the Historic
Preservation Board, may extend the time for completion of a
substantial improvement in accordance with the procedures of the
City's Building Code.
Notice of Approval to the Property Appraiser:
Upon the receipt of a certified copy of the recorded restrictive
covenant by the Historic Preservation Planner, the t~eeseveafi~n
Planner shall transmit a copy of the approved Final
Application/Request for Review of Completed Work, the exemption
covenant and the resolution of the City Commission approving the
Final Application and authorizing the tax exemption to the Palm
Beach County Property Appraiser.
The resolution approving an historic tax exemption must be fded
with the Palm Beach County Property Appraiser on or before
January L.aazc~. 1st of the year in which an exemption is requested.
Therefore. the Final Applicafion/Reouest for Review of Completed
Work must be submitted no later tha~ November 1st of the year the
work was completed in order to process the application for both the
Historic Preservation Board and City. Commission annrovals. If the
Final Application/Request for Review of Complet~t Work is not
submitted by November 1st of the year the work was completed.
abatement will not take effect until the following year of the date
8 ORD. NO. 10-03
(1_.fi4-7-) Revocation Proceedings:
(a)
The Historic Preservation Board may initiate proceedings to revoke
the ad valorem tax exemption provided herein, in the event the
applicant, or subsequent owner or successors in interest to the
property, fails to maintain the property according to the terms,
conditions and standards of the Historic Preservation Exemption
Covenant.
(b)
The Historic Preservation Planner Ez. zzd shall provide notice to the
current owner of record of the property and the Historic
Preservation Board shall hold a revocation hearing in the same
manner as in Section 4.5.1(M)(10), and make a recommendation to
the City Commission.
The City Commission shall review the recommendation of the
Historic Preservation Board and make a determination as to whether
the tax exemption shall be revoked. Should the City Commission
determine that the tax exemption shall be revoked, a written
resolution revoking the exemption and notice of penalties as
provided in Paragraph _8 -4-- of the covenant shall be provided to the
owner, the Palm Beach County Property Appraiser, and filed in the
official records of Palm Beach County.
(d)
Upon receipt of the resolution revoking the tax exemption, the Palm
Beach County Property Appraiser shall discontinue the tax
exemption on the property as of January 1st of the year following
receipt of the notice of revocation.
~ 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 invahd.
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.
9 ORD. NO. 10-03
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2003.
ATI'I~ST
MAYOR
City Clerk
First Reading
Second Reading
10 ORD. NO. 10-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # \~) ~) . REGULAR MF.~.TING OF MAY 20. 2003
ORDINANCE NO. 11-03 (AMENDING CHAPTER 91 "ANIMALS")
DATE: MAY 16, 2003
This is second reading and public hearing for Ordinance No. 11-03 which amends Chapter 91,
"Animals" of the City's Code of Ordinances by mending Section 91.02, "Livestock and Poultry",
Section 91.25, "Vicious Dogs; Muzzles", Section 91.26, "Report of Dog Bites Required", Section
91.28, "Impoundment; Disposition", and Section 91.42, "Impoundment Authorized; Disposition" to
accurately reflect the department/designees responsible for handling animal complaints and
impoundment issues; and provide for an impoundment fee of $10.00.
At first reading on May 6, 2003, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 11-03 on second and final reading.
S\City Clerk\chevelle folder\agenda memos\Ord 11.03 an/mals.5.20.03
I:IT¥ OF DELRI:I¥ BEI:II:H
CITY ATTORNEY'S OFFICE
200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
DATE: April 25, 2003
MEMORANDUM
Writer's Direct Line: 561/243-7090
TO:
FROM:
David T. Harden, City Manager
City Commission
Terrill Pyburn, Assistant City Attorney
SUBJECT: Revised Animal Ordinance
Please review the revised animal ordinance for changes regarding agricultural
areas. This change was made in order to make the ordinance more consistent
with LDR Section 4.4.1. If the ordinance meets with your approval, then please
place it on the agenda for the next City Commission meeting.
Please contact me if you have any questions at 7090. Thank you.
ORDINANCE NO. 11-03
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 91.02,
"LIVESTOCK AND POULTRY; IMPOUNDMENT",
PROVIDING AN EXCEPTION FOR AGRICULTURE
ZONING DISTRICTS; AMENDING SECTION 91.25,
"VICIOUS DOGS; MUZZLES", AMENDING SECTION
91.26, "REPORT OF DOG BITES REQUIRED",
AMENDING SECTION 91.28, "IMPOUNDMENT;
DISPOSITION"; AMENDING SECTION 91.42,
"IMPOUNDMENT AUTHORIZED; DISPOSITION",
PROVIDING FOR REFERENCES TO THE ANIMAL
CONTROL OFFICER INSTEAD OF CITY; PROVIDING
FOR REFERENCES TO CATS AND DOGS INSTEAD OF
ANIMALS AND INCREASING THE DISPOSAL FEE FROM
$5 TO $10; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to have its Code of
Ordinances accurately reflect the department and/or designees that handle animal complaints and
impoundment issues in order to avoid any confusion; and
WHEREAs, the City Commission desires to provide for an impoundment disposal fee of
$10.00 in order to cover the costs of disposing of animals turned over to 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 91.02, "Livestock and Poultry;
Impoundment", be, and the same is hereby amended to read as follows:
Section 91.02 LIVESTOCK AND POULTRY: IMPOUNDMENT.
(A) The keeping, maintaining or pasturing of horses, cattle, mules, goats, sheep,
swine, poultry or other livestock in the city is prohibited except in areas des'~lffnated as
Am'iculture_ Zone Districts (/k) in the C~tv'. 's Land Develot~ment. Regulations.
03) It shall be unlawful for any livestock to mn at large within the city.
(C) Any livestock found running at large within the city shall be impounded by
the City's Animal Control Officer ,~.A
....... j and turned over to the Palm Beach County
Animal Care an~d Control Division. The sum of $5 per day per head shall be assessed against
the owner of the livestock for an impoundment by the city in addition to any other charges
that may be levied by the Palm Beac~h County Animal Care and Control Division. Any
person who willfully or negligently allows any livestock belonging to him, or under his
custody or control, to mn at large within the city, shall be guilty of a violation. As a part of
the penalty, an appropriate court having jurisdiction shall assess all costs of impounding
those animals against the defendant.
~ That Title IX, "General Regulations", of the Code of Ordinances of the City
of Delray Beach, Florida, Chapter 91, "Animals", Section 91.25, "Vicious Dogs; Muzzles", be, and
the same is hereby amended to read as follows:
Section 91.25 VICIOUS DOGS: MUZ~.I
Ali 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
3'%~4~W, em the City's Animal Control Officer ~ or the Palm Beach County
Animal Care and Control Division concerning the same-~ ~na.._t?.c .......... ........ c .u__.~ .:~ x._~ ......... ~.^~
Section 3. That Title IX, "General Regulations", of the Code of Ordinances of the City
of Dekay Beach, Florida, Chapter 91, "Animals", Section 91.26, "Report of Dog Bites Required",
be, and the same is hereby amended to read as foliows:
Section 91.26 REPORT OF DOG BITES REOUIRED.
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
................. t' ...... nt the City's Animal Control Officer o~he-eify, or to the
2 ORD, NO, 11-03
..... j ...... Dc/~a,~¢nt Palm Beach County Animal Care and Control Division. within
24 hours thereafter.
Section 4. That Title IX, "General Regulations", of the Code of Ordinances of the City
of Delray Beach, Florida, Chapter 91, "Animals", Section 91.28, ' .... Impoundment; D~sposmon", be,
and the same is hereby amended to read as follows:
Section 91.28 IMPOUNDMENT: DISPOSITION.
at large in the city in violation of any of the provisions of this subchapter shall be
impounded by ................. v .......t the City's Animal Control Officer. of-t3th-e~.
This a:v.'.'7.al dog shall be turned over to the Palm Beach County Animal Care and 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 $I0 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 ar~,'nal dog shall be impounded. No
ar.'.'w~al dog 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 $$ $10.
Section 5. That Title IX, "General Regulations", of the Code of Ordinances of the City
of Delray Beach, Florida, Chapter 91, "Animals", Section 91.42, "Impoundment Authorized;
Disposition", be, and the same is hereby amended to read as follows:
Section 91.42 IMPOUNDMENT AUTHORIZED: DISPOSITION.
Any stray cat found in violation of any of the provisions of this subchapter shall be
impounded by .u~ o..~,:~ ,,;,~,_~ r~ ......... ~ a.:_ '
................ v .............. e~t~ the City's Animal Control Officer.
The ar:~'r, aI cat shall be turned over to the Palm Beach County Animal Care and 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 anL~'~al cat shall be impounded. The
owner of all animals turned over to the city for disposal shall be charged a fee ofq~3 $10.
Section 6. That should any section or provision of this ordmance 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.
3 ORD. NO. 11-03
~ That all ordinances or parts of ordinances in conflict herewith, be, and the
same are hereby repealed.
-~e~7_0..Q_q.~. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPI'ED m regular session on second and final reading on this _ day
of ., 2003.
A'ITEST: .
MAYOR
CITY CLERK
First Reading
Second Reading
4 ORD. NO. 11-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM #
ORDINANCE NO. 12-03
POLICIES AND BENEFITS")
DATE: MAY 16, 2003
- REGULAR MEETING OF MAY 20. 2003
(AMENDING CHAPTER 35 "EMPLOYEE
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. 12-03 provides for the fingerprinting and national/statewide background checks of
unescorted 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 May 6, 2003, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 12-03 on second and final reading.
S:\City Clerk\chevelle folder\agenda memo. Ord 12.03Employee.5.20.03.dcc
[ITY DF DELRI:IY BEI:I[H
APR 3 0 2003
CiTY MANAG~.~
CITY ATTORNEY'S OFFICE
200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
DATE: April 29, 2003
MEMORANDUM
Writer's Direct Line: 561/243-7090
TO:
FROM:
David T. Harden, City Manager
City Commission
Terrill Pyburn, Assistant City Attorney
SUBJECT: Revised Security Ordinance
Please place the revised security ordinance on the agenda for the next City
Commission meeting.
Do not hesitate to contact me if you have any questions. Thank you.
TCP:smk
Attachment
cc: Barbara Garito, City Clerk
ORDINANCE NO. 12-03
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 ALL UNESCORTED
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 all unescorted 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 depatU,ent or in any such facility which is decided to be critical to security shall be
fingerprinted 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
bare new applicants.
(1) Employees and applicants as well as all unescorted contractors,
vendors and repair and delivery personnel who enter into the following divisions and
departments, hereby designated as critical to security, 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 administrative 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 ail 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. 12-03
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 2003.
~I'I'EST
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 12-03