Agenda Reg 07-08-03City of Delray Beach
Regular Commission Meeting
Tuesday, July 8, 2003
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 ~ 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. GeneraBy, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or acdvity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive hstening devices are available for
meetings in the Commission Chambers.
2.
3.
4.
5.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
· June 17, 2003 - Regular Meeting
PROCLAMATIONS:
A. Recognizing and Commending Reverend John W.H. Thomas, Jr.
B. Recognizing and Commending Sergeant Robert Bradley
Recognizing and Commending Officer Fred Parker
PRESENTATIONS:
RESOLUTION NO. 42-03: RecogniTing and Commending Lieutenant Wayne
Yoder for twent~one years of dedicated sercice to the City of De]ray Beach, and
congratulations on his new posidon with the National Fire Academy.
B. Recommendations of the Pedestrian Bicycle Task Team
CONSENT AGENDA: CityManager Recommends Approval.
A. FINAL SUBDIVISION PLAT APPROVAL/SHOREWALKER
PLACE:
D.
Approve the subdivision plat for Shorewalker Place, located on the south side of
George Bush Boulevard, east of Andrews Avenue.
REQUEST FOR SIDEWALK DEFERRAL/209 PALM TRAIL: Approve a
request to defer the installation of a sidewalk in front of 209 Palm Trail. Staff
recommends approval.
RESOLUTION NO. 40-03: Approve Resolution No. 40-03 assessing costs for the
demolition of an unsafe structttte located at 46 N.W. 12m Avenue.
RESOLUTION NO. 41-03: Approve Resolution No. 41-03 assessing costs for action
necessary for the emergency board-up of an unsafe structure located at 24 N.W. 7m
Avenue.
07-08-2003
E. AUTHORIZATION TO PROCEED/COASTAL PLANNING &
ENGINEERING, INC.: Authorize Coastal Planning & Engineering, Inc. to proceed
with the borrow easement modification and to pursue a submerged land lease to protect
sand resources for furore Delray Beach Renourishment projects in an amount not to
exceed $14,310.58. Funding is available from 332-4164-572-31.30 (Beach Restoration
Fund).
WATER RELOCATION AGREEMENT/DIAMOND: Approve an agreement in
the amount of $3,491.25 between the City of Delray Beach and Corky Diamond for the
relocation of water meters.
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/OFFICE
COMPLEX: Authorize the City to act as the utility permit applicant for the existing
water main connection within the state right-of-way (located on the southwest comer of
Northbound Federal Highway and S.E. 10m Street) and approve a Hold Harmless
Agreement with the developer (Southern Development Services, Inc.).
HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
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Housing Rehabilitation grant\contract award through Community Development
Division in the amount of $22,774.50 to Alpha South Construction (350 S.W. 8~h
Avenue). Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation
Grant).
AMENDMENT TO EDUCATION BOARD RULES: Approve an amendment to
the Rules of the City of Delray Beach Education Board, Article III, Section A, "Regular
Meetings" to provide consistency with C~apter 32, "Departments, Boards and
Commissions", Section 32.30, "Meetings", subsection (A) of the Code of Ordinances;
and reduce the number of required monthly meetings from two to one.
CONTRACT ADDITION/MAN-CON, lNG.: Approve Contract Addition No. 1
to the Lift Station # 6 Force Main System Improvements Project in the amount of
$57,338.15 to Man-Con, Inc. for an additional water main installation on N.W. 6~
Avenue. Funding is available from 442-5178-536-63.50 (Water Mains).
CHANGE ORDER NO. 1/REED LANDSCAPING. INC.: Approve
Order No. 1 in the amount of a $25,244.36 decrease to Reed Landscaping, Inc. for the
Lake Ida Road Beautification Project.
SERVICE AUTHORIZATION NO. 5/CAULFIELD & WHEELER, INC.:
Approve Service Authorization No. 5 to Caulfield & Wheeler, Inc. in the amount of
$24,525.00 for the S.W. 1'* Street/S.W. 3d Street and S.W. 6~ Avenue/S.W. 3~ Avenue
topographic survey for water main improvements. Funding is available from 442-5178-
536-63.50 (Water/Sewer Renewal & Replacement Fund/Water Mains).
REINO PARKING SYSTEMS. lNG/MULTI-SPACE PARKING METERS:
Approve payment in the amount df $54,613.52 to Reino Parking Systems, Inc. for the
purchase of the existing Multi-Space Parking Meter System Funding is available from
115-1802-512-64.90 (Special Projects Fund/Other Machinery/Equipment).
07-08-2003
N. CITY OF DELRAY BEACH/DELRAY BEACH HOUSING AUTHORITY
FUNDING AGREEMENT: Approve an agreement for funding and acceptance of
funds between the City of DeL. ay Beach and Delray Beach Homing Authority for a
period October 1, 2002 through September 30, 2003. The Delray Beach Housing
Authority will implement and administer the SEEDTECH Technology Center at Carver
Estates.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 16, 2003 through July3, 2003.
AWARD OF BIDS AND CONTRACTS:
Contract award to FiberCat Networking in an amount not to exceed $28,654.81
for repairs to the City's wireless systems. Funding is available from 001-1811-
513-64.11 and 334-6112-519-64.11 (Computer Equipment).
Purchase award to Exeter Architectural Products in the amount of $49~36.39
for forty-one (41) hurricane shutters for the second floor of Police Department
Headquarters. Funding is available from 334-6111-519-62.10 (General
Construction Fund/Buildings).
Contract renewal with Red Wing Shoe Store for the purchase of safety footwear
for City Employees via the Palm Beach County Bid # 01-078/CC at an
estimated annual cost of $21,961.00. Funding is available from various
departments' operating expeme budgets.
Purchase award to Office Depot at an estimated annual cost of $205,000.00 via
the Florida Atlantic University RFP # 03S-407 for offices supplies. Funding is
available from various departments' operating budgets.
Purchase award to Water Treatment & Controls Company in the amount of
$15,885.00 for an 8,500 gallon Ferric Chloride Storage Tank for the Water
Treatment Plant. Funding is available from 441-5161-536-63.90 (Other
Improvements).
Bid award to Knight Electric Company, Inc. in the amount of $26,750.00 for
the replacement of marina pedestals. Funding is available from 426-4311-575-
63.90 (CityMarina Fund/Other Improvements).
Bid award to Harry Maxime Landscaping at an estimated annual cost of
$19,046.00 for the landscape maintenance of George Bush Boulevard/N.E. 8e
Street and West Atlantic Avenue. Funding is available from 119-4144-572-46.40
(Beautification Trust Fund/Maintenance).
07-08-2003
REGULAR AGENDA:
A. CONTRACT ADDITION NO. 1/DOUGLAS N. HIGGINS. INC.: Approve
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Contract Addition No. 1 to the Seacrest Neighborhood Impmvem_ents Phase IV
Project in the approximate amount of $229,500.00 to Douglas N. Higgins, Inc. for ten
(10) additional splitter islands. Funding is available from 334-6111-519-63.89
(Neighborhood Enhancements).
SPECIAL EVENT REQUEST & RESOLUTION NO. 43-03/ROOTS
CULTURAL FESTIVAL: Consider a request for special event approval to allow
the 26~h Annual Roots Cultural Festival to be held between August fi"and August 10,
2003, and approve Resolution No. 43-03 in support of the event.
CONDITIONAL USE REQUEST/BEXLEY PARK: Consider a request for
conditional use approval to allow the construction of 72 multi-family units within the
PC (Planned Commercial) portion of the Bexley Park Development, a proposed
traditional neighborhood development, located at the northeast comer of the L-31
Canal and M;fitary Tra~. (Qnasi-Jutfl'ciM Hcaffng)
FINAL BOUNDARY PLAT APPROVAL/OWENS BAKER: Consider approval
of the boundary pht for Owens Baker, located at the northwest comer of West Atlantic
Avenue and the Lake Worth Drainage District (LWDD) E-4 Canal. (Quasi-]tt&'ciM
Hea )
REJECTION OF BIDS/SEAWALL PROJECT: Consider rejection of all bids
received for the 2001-039 N.E. 4e~ Street and S.E. 3e Street Seawall Project due to
errors in the bids and authorize staff to re-bid contract later in the year.
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2003-02:
Formally initiate Comprehensive Plan Amendment 2003-02 pursuant to Section 9.2.1 of
the Land Development Regulations.
INITIATION OF FUTURE LAND USE MAP AMENDMENT: Formally
initiate Future Land Use Map (FLUM) Amendment £mm LD (Low Demity Residential
0-5 du/ac) to CF-C (Community Facilities - Churches) and rezoning from R-1AA
(Single Family Residemial) to CF (Community Facilities) for Trinity Lutheran Church,
located at the northwest comer of North Swinton Avenue and Lake Ida Road. (Otasi-
Judicial Headag)
APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA)
CHAIRMAN/VICE-CHAIRMAN: Appoint a Chairman/Vice-~ to the
Community Redevelopment Agency Board.
APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board for an unexpired term ending
January 14, 2004. Based upon the rotation system, the appointment will be made by
Commissioner Archer (Seat # 2).
07-08-2003
j. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
10.
11.
12.
ANNUAL CONFERENCE: Designate voting delegate to the Florida League of
Cities' 77a Annual Conference to be held at the Wyndham Palace Resort and Spa on
August 14-16, 2003.
PUBLIC HEARINGS:
REQUEST FOR WAIVER/VINTAGE ROSE: Consider a waiver request from
the Vintage Rose, located at 102 N.E. 1" Avenue, to Land Development Regulations
Section 4.6.7(G)(7) governing the type and number of signs allowed per lot for Historic
Districts. (Qu~si-Judicial Heatfi~)
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REOUEST FOR WAIVER/BULL BAR: Consider a waiver request from the Bull
Bar, located at 2 East Atlantic Avenue, to Land Development Regulations Section
4.6.7(G)(7) governing the type and number of signs allowed per lot for Historic
Districts. (Q~asi-JudicialHead~g)
C
ORDINANCE NO. 17-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations Section 4.6.9 (E)0)(d)
regarding payment of M-lieu fees. If passed, a second public hearing will be scheduled
for July 22, 2003.
ORDINANCE NO. 18-03: An ordinance repealing the current Clmpter 93, "Cable
Television" of the City Code of Ordinances and enacting a new Chapter 93, "Cable
Television" providing for revised definitions, equipment and technical standards,
establishmem of a security fund, and other guidelines.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
CityManager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
ORDINANCE NO. 19-03: An ordinance amending Ordinance No. 14-02 eliminating
the requirement to include the amount of civil penalties owed on the notices affixed to
the vehicle, if passed, a public hearing will be scheduled for July22, 2003.
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ORDINANCE NO. 21-03: An ordinance amending Chapter 99, "Noise Control" of
the City Code of Ordinances to clari/y distance requirements for noise emanating from
vehicles and buildings; and to provide that the outdoor playing of musical or similar
instruments is prohibited in residential zoning districts. If passed, a public hearing will
be scheduled for July 22, 2003.
07-08-2003
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C City Commission
PO8TED: JULY 3, 2003
07-08-2003
JUNE 17~ 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 Commission Chambers at City Hall at 6:00
p.m., Tuesday, June 17, 2003.
Roll call showed:
Present -
Absent -
Also present were -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
None
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Barbara Garito, City Clerk
2. The opening prayer was delivered by Reverend Richard Evans, Chaplain for
Abbey Delray South.
3. The Pledge of Allegiance to the flag of the United States of America was given.
4. AGENDA APPROVAL
Mayor Perlman requested Item 8.A., Final Boundary Plat Approval/Owens
Baker be removed from thc Consent Agenda.
Mayor Perlman requested Item 8.G., Extension/Palm Beach County. Financial
Assistance Agreement bc moved to the Regular Agenda as Item 9.H.
Mayor Perlman noted thc addition of Item 8.K., Final Boundary Plat
Approval/Bankoff Plat, to thc Consent Agenda by addendum.
Also, Mayor Perlman stated there is additional information regarding Item 9.D.,
Tripartite Agreement and an additional application for Item 9.F., Appointment to the
Downtown Development Authority.
Mr. Costin moved to approve the Agenda as amended, seconded by Mrs. Archer.
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_. APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of June 3,
2003, seconded by Ms. McCarthy. 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.
Mr. Costin moved to approve the Minutes of the Special Meeting of June 10,
2003, 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.
PROCLAMATIONS:
6oA.
Parks and Recreation Month - July 2003
Mayor Perlman read and presented a proclamation hereby proclaiming July, 2003
as Parks and Recreation Month. Danielle Gallo, Marketing/Special Events Coordinator for the
Delray Beach Parks and Recreation Department came forward to accept the proclamation.
PRESENTATIONS:
7.A. Government Finance Officers Association - Distinguished Budget
Presentation Award
Mayor Perlman presented the Finance Director with the Government Finance
Officers Association Distinguished Budget Award with special recognition for the Capital
Improvement portion of the budget document for fiscal year beginning October 1, 2002.
On behalf of the Finance Department, Mr. Safford came forward to accept the
award and stated this is the 17th consecutive year the Finance Department has received this
recognition. Mr. Safford stated this year the Finance Department received special recognition
for the Capital Improvement portion of the budget document and he explained how this was
achieved.
CONSENT AGENDA: City Manager Recommends Approval.
8.A~
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
FINAL BOUNDARY PLAT APPROVAL/SOUTH COUNTY
8oao
COURTHOUSE: Approve the boundary plat for the South County Courthouse with associated
alleyway abandonments, located on the south side of West Atlantic Avenue, between S.W. 1st
Avenue and S.W. 2nd Avenue.
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CONSENT TO ASSIGNMENT/PREMIER BUS OPERATING COMPANY:
Approve Consent to Assignment with Premier Bus Operating Company, which will acquire the
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06/17/03
Florida Network Tours, Inc. transportation segment for bus rental services for the Parks and
Recreation Department.
8.D. RESOLUTION NO. 13-03: Approve Resolution No. 13-03 abandoning a
portion of Dixie Highway, lying adjacent to Lot 5, Delray Beach Estates (2300 Dixie Highway).
The caption of Resolution No. 13-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-
OF-WAY (ROW) LOCATED APPROXIMATELY 1,640 FEET
SOUTH OF GULF STREAM BOULEVARD, AS MORE
PARTICLARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 13-03 is on file in the City Clerk's office.)
1. ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve
and accept a hold harmless agreement between the City and Richard Roehm for
the installation of a fence within a public right-of-way.
8.E. RESOLUTION NO. 39-03: Approve Resolution No. 39-03 clarifying that
Resolution No. 49-00 is for notice purposes only and does not place a lien on the properties of
the Pineapple Grove Way Special Assessment District.
The caption of Resolution No. 39-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE
CLARIFICATION OF RESOLUTION 49-00, (PRELIMINARY
ASESSMENT ROLL FOR THE PINEAPPLE GROVE WAY
SPECIAL ASSESSMENT DISTRICT) CLARIFYING THAT
RESOLUTION 49-00 DOES NOT PLACE A LIEN ON THE
PROPERTY LISTED IN THE PINEAPPLE GROVE WAY
SPECIAL ASSESSMENT DISTRICT, BUT IS ONLY NOTICE
OF AN AMOUNT THAT MAY BE CHARGED TO THE
PROPERTY ONCE THE FINAL ASSESSMENT ROLL IS
ADOPTED; PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 39-03 is on file in the City Clerk's office.)
8.F. AGREEMENT/LAKE IDA CHURCH OF CHRIST: Approve and accept an
agreement between the City and Lake Ida Church of Christ providing for a Letter of Credit for
the installation of a turning lane on Roosevelt Avenue.
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06/17/03
8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.H.
8.H. EXTENSION/SUPERLATIVE GROUP, INC.: Approve a recommendation
concerning the Superlative Group, Inc. for a ninety (90) day extension to the naming rights
agreement for the Tennis Center.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period June 2,
2003 through June 13, 2003.
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AWARD OF BIDS AND CONTRACTS:
Contract award to RPM General Contractors, Inc. in the mount of
$44,652.00 for the construction of interior Water Treatment Plant Control
Room Modifications. Funding is available from 442-5178-536-62.10
(Water/Sewer Renewal & Replace~nent/Buildings).
Purchase award to Kuhn Carpet and Tile in the amount of $26,100.00 via
the Florida State Contract #360-240-00-1 for replacement carpeting for the
Fire-Rescue Department Headquarters. Funding is available from 001-
2311-522-46.10 (General Fund/Building Maintenance) and 334-6112-519-
46.10 (General Construction Fund/Building Maintenance).
FINAL BOUNDARY PLAT APPROVAL/BANKOFF PLAT {ADDENDUM
ITEM}: Approve the boundary for Bankoff, located on the north side of Atlantic Avenue and
east of the Intracoastal Water.
Mrs. Archer moved to approve the Consent Agenda as amended, 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.
REGULAR AGENDA:
9.A. PUBLIC FINANCIAL MANAGEMENT~ INC. PRESENTATION. Public
Financial Management, Inc. will make a presentation concerning refinancing the City's Water
and Sewer Bonds.
Hal Canary, representing Public Financial Management, Inc. gave a brief
presentation concerning the city's options for refinancing Water and Sewer Bonds and stated
there will be an approximate cost savings of $600,000 for the city. Mr. Canary stated one
resolution is to authorize the issuance of bonds and the other resolution is to authorize a
negotiated sale under certain terms. Mr. Canary stated the total debt service savings would be
$637,000 which would average $134,000 per year for the years 2004-2008 (final maturity of the
existing debt). The new bonds will be issued and will not extend any maturities beyond the
original term. Mr. Canary stated the city would lock in at an average interest rate of 1.72%.
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06/17/03
Joseph Safford, Finance Director, recognized Becky O'Connor, Treasurer, for all
her hard work with regard to the refimding of all the General Obligation Bonds, Utilities Tax
Bond, and the Water and Sewer Bonds.
9.B. RESOLUTION NO. 34-03: Consider approval of Resolution No. 34-03
authorizing the issuance of not exceeding $13,500,000 in the initial aggregate principal mount
of the City's Water and Sewer Refunding Bonds, Series 1993 A and B, and the City's
outstanding Water and Sewer Refunding Bonds, Subordinate Series 1999; providing for the
terms and payment of the bonds.
The caption of Resolution No. 34-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPLEMENTING
RESOLUTION NO. 39-88, AS AMENDED AND
SUPPLEMENTED, FOR THE PURPOSE OF AUTHORIZING
AN EIGHTH SERIES OF WATER AND SEWER REVENUE
BONDS DESIGNATED AS WATER AND SEWER REVENUE
REFUNDING BONDS, SERIES 2003, IN THE INITIAL
AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING
$13,500,000 FOR THE PURPOSE OF REFUNDING, ON A
CURRENT BASIS, ALL OR A PORTION OF THE CITY'S
OUTSTANDING CURRENT INTEREST PAYING WATER
AND SEWER REFUNDING REVENUE BONDS, SERIES 1993
A, THE CITY'S OUTSTANDING CURRENT INTEREST
PAYING WATER AND SEWER REVENUE BONDS, SERIES
1993 B AND THE CITY'S OUTSTANDING WATER AND
SEWER REVENUE BONDS, SUBORDINATE SERIES 1999;
PROVIDING FOR THE TERMS AND PAYMENT FOR SAID
BONDS; INCORPORATING BY REFERENCE THE TERMS
AND PROVISIONS OF RESOLUTION NO. 39-88, AS
AMENDED AND SUPPLEMENTED; PROVIDING FOR THE
UNDERTAKING BY THE CITY REQUIRED BY RULE 15c2-
12 OF THE SECURITIES AND EXCHANGE COMMISSION;
PROVIDING FOR THE RIGHTS, REMEDIES AND
SECURITY OF THE HOLDERS OF SAID BONDS; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN
CONNECTION THEREWITH; PROVIDING FOR CERTAIN
OTHER MATTERS IN CONNECTION THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 34-03 is on file in the City Clerk's office.)
Mrs. Archer moved to approve Resolution No. 34-03, 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.
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06/17/03
9.C. RESOLUTION NO. 35-03: Consider approval of Resolution No. 35-03
authorizing the negotiated sale of the City's Water and Sewer Revenue Bonds and to set the
terms thereof.
The caption of Resolution No. 35-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAYBEACH, FLORIDA, AUTHORIZING THE NEGOTIATED
SALE OF CITY OF DELRAY BEACH, FLORIDA, WATER AND
SEWER REVENUE REFUNDING BONDS, SERIES 2003, IN THE
INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING
$13,500,000 FOR THE PURPOSE OF PAYING AND DEFEASING
ALL OR A PORTION OF THE CITY'S CURRENT INTEREST
PAYING WATER AND SEWER REFUNDING REVENUE BONDS,
SERIES 1993 A, ALL OR A PORTION OF ITS CURRENT
INTEREST PAYING WATER AND SEWER REVENUE BONDS,
SERIES 1993 B AND ALL OF ITS WATER AND SEWER REVENUE
BONDS, SUBORDINATE SERIES 1999 (COLLECTIVELY, THE
"REFUNDED BONDS"); DETERMINING CERTAIN DETAILS OF
SAID BONDS; APPOINTING THE UNDERWRITER; PROVIDING
FOR THE APPLICATION OF THE BOND PROCEEDS; APPROVING
THE FORM OF, AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A BOND PURCHASE AGREEMENT TO EFFECT
THE NEGOTIATED SALE OF THE BONDS AND SETTING THE
PARAMETERS BY WHICH THE MAYOR OR VICE MAYOR SHALL
BE AUTHORIZED TO EXECUTE AND DELIVER THE BOND
PURCHASE AGREEMENT; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION OF AN OFFICIAL STATEMENT
IN CONNECTION WITH THE OFFERING AND SALE OF THE
BONDS AND AUTHORIZING THE DISTRIBUTION OF A
PRELIMINARY OFFICIAL STATEMENT AND THE OFFICIAL
STATEMENT BY THE UNDERWRITER; APPOINTING A PAYING
AGENT; APPOINTING A REGISTRAR; APPROVING THE FORM OF
AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
PAYING AGENT/REGISTRAR AND PAYING AGENT
AGREEMENT; PROVIDING FOR A FINANCIAL GUARANTY
INSURANCE POLICY FOR THE BONDS TO BE PROVIDED BY
AMBAC ASSURANCE CORPORATION, APPROVING THE FORM
OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A
GUARANTY AGREEMENT IN CONNECTION WITH THE
ISSUANCE OF A SURETY BOND BY AMBAC ASSURANCE
CORPORATION; AUTHORIZING CERTAIN CHANGES AND
MODIFICATIONS TO THE BOND RESOLUTION IN CONNECTION
WITH, AND AS A CONDITION OF, OBTAINING SUCH FINANCIAL
GUARANTY INSURANCE POLICY AND SURETY BOND;
APPOINTING AN ESCROW AGENT; APPROVING THE FORM OF
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AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN
ESCROW DEPOSIT AGREEMENT; AUTHORIZING THE BONDS TO
BE REGISTERED UNDER A BOOK-ENTRY ONLY SYSTEM OF
REGISTRATION; AUTHORIZING THE PROPER OFFICERS OF THE
CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR
ADVISABLE AS TO THE SALE AND DELIVERY OF THE BONDS;
AND PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 35-03 is on file in the City Clerk's office.)
Mr. Levinson moved to approve Resolution No. 35-03, 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.
9.D. DELRAY BEACH LIBRARY/TRIPARTITE AND INTERLOCAL
AGREEMENT: Consider approval of a tripartite and interlocai agreement between City of
Delray Beach, Community Redevelopment Agency (CRA), and Delray Beach Public Library
Association, Inc. regarding the relocation of the library.
Mr. Levinson declared a conflict of interest with this item and stepped down.
The City Attorney noted some revisions to the document in the Agenda packets
and stated the memorandum outlines various typographical changes and the assignment of the
lease security has been deleted. The City Attorney stated this agreement provides that the CRA
will convey to the city land that the library would like to build the library on. The City of Delray
Beach is going to convey to the CRA the current library land and the library is going to give up
all rights it has to a long term lease on that property and any rights it may have to the building
that they did construct on the current library site. The City Attorney continued to state it is
required under the grant agreements that the City of Delray Beach remain the owners of the
current library site, new site, and also the building. Therefore, the City Attorney stated the City
of Delray Beach is going to enter into a 99 year lease agreement subject to a twenty year option
for them to purchase the building for nominal consideration if there is no breech of these
agreements. The Tripartite and Interlocal Agreement provides for a bridge loan of $800,000 and
a payment schedule is set forth in the memo with the last payment being August 31, 2006. The
City of Delray Beach will contribute $2.5 to the library and part of which will be reimbursed by
the CRA as a one time payment ($660,000) to the City of Delray Beach after the city has
expended the city funds and the library funds. The City Attorney stated the library retains the
right for the design although it has to go through the city processes for approval of architectural
elevations. With regard to parking, the City Attorney stated the library is going to have
approximately 170 spaces and in this agreement the city has a right for ten days each calendar
year to use 137 of those spaces and it is up to the library to work out the details with the Cotmty
for the use of those spaces. The City Attorney suggested on page 11, paragraph 18, that the
number 170 be removed and replaced with the following words to read: "the city's right to use
one hundred thirty-seven (137) of the library's parking spaces."
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Mr. Costin inquired about the ten days and asked how this will be managed. In
response, the City Attorney stated the library and the city will work out the logistics thirty days
in advance of the day the city is going to use the spaces. The City Attorney stated if they cannot
be worked out within those ten days then part of the library will have to close.
The City Manager stated part of it will probably be during the days of a major
tennis tournament which could be in February, March or most likely in September. Mr. Costin
commented that one of the concerns expressed by the tennis personnel is that they have some
space available to them during the tournament. The City Manager stated one of the main reasons
for stating this in the agreement is to give the city an additional 137 spaces during the day time.
The City Manager stated there should be no problem in the evening because the Courthouse
spaces will be available.
Mayor Perlman commented about//8 in the memorandum regarding the library
retaining all rights to the design and construction of the library. The City Attorney stated there
was an agreement and an amendment which the City Commission approved that gave the Library
Board the right to control the design. The City Attorney stated this has not changed and
therefore is not something new but is subject to city processes (i.e. SPRAB) and if the
Commission wishes to do so they can appeal it.
The City Manager stated the city has ultimate authority to determine whether the
design is appropriate or not under the SPRAB process.
Ms. McCarthy stated she attended the last CRA meeting when they made their
presentation and Mr. Callahan was present to hear the comments. Ms. McCarthy stated she is
not sure if something has happened since that CRA meeting but she feels this would be a good
time for Mr. Callahan to inform the Commission if something has changed.
John Callahan, Library Director, stated he attended the WARC meeting last week
and there were some suggestions which were taken into account. Mr. Callahan stated the CRA
primarily focused on the color scheme and they are currently working with the colors that are
approved for West Atlantic Avenue and are confident this will be worked out. Mr. Callahan
stated tomorrow they go before the DDA and next week to SPRAB. Mr. Callahan stated they
have incorporated those comments and suggestions and stated it has not really resulted in any
radical changes to the design.
Mayor Perlman stated this is a great opportunity and is a major project on West
Atlantic Avenue and he wants to ensure this building is the nicest it can be. Mr. Callahan stated
the library is sensitive to this as well as the Design Committee which is a subset of the Library
Board. Mr. Callahan stated this is going to be a building that is going to cover an entire city
block and the architect is taking some steps to make the area pedestrian friendly.
Mr. Costin moved to approve the Tripartite Interlocal Agreement, memorandum
and all the Exhibits, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes.
Said motion passed with a 4 to 0 vote.
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9.go
At this point, Commissioner Levinson returned to the dais.
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
BOARD: Appoint one (1) member to the Community Redevelopment Agency Board for a term
ending July 1, 2007. Based on the rotation system, the appointment will be made by
Commissioner Costin (Seat #1).
Mayor Perlman declared a conflict of interest with this item and passed the gavel
to Vice Mayor Levinson.
Mr. Costin moved to appoint Thomas F. Carney, Jr. as a member to the
Community Redevelopment Agency Board for a term ending July 1, 2007, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms.
McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
At this point, Mayor Perlman returned to the dais and Vice Mayor Levinson
passed the gavel back to Mayor Perlman.
9oFo
APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint two (2) members to the Downtown Development Authority for three
(3) year terms ending July 1, 2006. Based on the rotation system, the appointments will be made
by Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2).
Mr. Costin moved to appoint Perry DonFrancisco as a member to the Downtown
Development Authority for a three year term ending July 1, 2006, 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.
Mrs. Archer moved to appoint Chris Brown as a member to the Downtown
Development Authority for a three year term ending July 1, 2006, seconded by Mr. Levinson.
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. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular
members to the Education Board for two (2) year terms ending July 31, 2005. Based on the
rotation system, the appointments will be made by Commissioner Archer (Seat #2),
Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat
#5), Commissioner Costin (Seat #1), and Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Troy Wheat as a regular member to the Education
Board for a two year term ending July 31, 2005, 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.
Mr. Levinson moved to appoint Kathleen Schoenberg as a regular member to the
Education Board for a two year term ending July 31, 2005, seconded by Ms. McCarthy. Upon
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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.
Ms. McCarthy moved to reappoint Frances "Betty" Owen as a regular member to
the Education Board for a two year term ending July 31, 2005, 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.
Mayor Perlman stated he wished to reappoint Marlene Brown a regular member
to the Education Board for a two year term ending July 31, 2005. Mr. Levinson so moved,
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.
Mr. Costin moved to appoint Lisa Shaheen as a regular member to the Education
Board for a two year term ending July 31, 2005, seconded by Ms. McCarthy. 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.
Mrs. Archer moved to reappoint Sharron Ronco as a regular member to the
Education Board for a two year term ending July 31, 2005, 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.
9.H. EXTENSION/PALM BEACH COUNTY FINANCIAL ASSISTANCE
AGREEMENT: Approve revisions to the existing financial assistance agreements with the
Palm Beach County Board of County Commissioner_s to extend the completion period until June
2004 for the irrigation and landscaping of Lake Ida Road (between Congress Avenue and
Military Trail).
The City Manager clarified that Palm Beach County is giving the city a year to
finish the landscaping and stated the city is doing everything possible to get the contractor to
complete the project within this timeframe.
Lula Butler, Director of Community Improvement, stated the city asked for a year
due to any unforeseen circumstances that may arise although she anticipates only needing six
months. Furthermore, Ms. Butler stated Palm Beach County's paperwork process is also the
other part of this to ensure the city receives back all of its dollars.
Mrs. Archer moved to approve the agreement revisions between the city and Palm
Beach County to extend the time period for the completion of the irrigation and landscaping to
Lake Ida Road (between Congress Avenue and Military Trail) from June 2003 to June 2004,
seconded by Ms. McCarthy. 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.
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At this point, the Commission moved to Item 12, First Readings.
12_.:
FIRST READINGS:
12.A. ORDINANCE NO. 18-03: An ordinance repealing the current Chapter 93,
"Cable Television" of the City Code of Ordinances and enacting a new Chapter 93, "Cable
Television" providing for revised definitions, equipment and technical standards, establishment
of a security fund, and other guidelines. If passed, a public hearing will be scheduled for July 8,
2003.
The caption of Ordinance No. 18-03 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 BY
REPEALING CHAPTER 93, "CABLE TELEVISION", IN ITS
ENTIRETY AND ENACTING A NEW CHAPTER 93, "CABLE
TELEVISION", PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 18-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Brian Shutt, Assistant City Attorney, stated this ordinance repeals and replaces
the existing cable ordinance along with updating the standards and technical requirements. Mr.
Shutt continued to state that this is the first step in the franchise renewal process and once this
ordinance is adopted then the city can start the negotiation process with Adelphia for the actual
franchise renewal that will incorporate the terms of this ordinance.
Mayor Perlman commented about the performance standards.
Mr. Levinson stated he feels the city should thank Ira Feld who did most of the
work. Mr. Levinson stated many things were discussed such as performance standards not just
on how quickly they fix your cable but also how quickly they answer the phone, etc. Mr.
Levinson stated he discussed a number of issues with Mr. Shutt regarding the performance
standards and he would like to ensure that those get included in the franchise agreement or
tweaked in the document if necessary.
Brief discussion by the Commission followed with regard to internet access.
Mr. Shutt stated the city can try to do things with intemet access. However, Mr.
Shutt stated the city is limited by certain aspects of Federal law and noted that this ordinance
really covers cable and not internet service. Mr. Shutt stated it is his understanding that Adelphia
has upgraded everything in the city and that those services should be available but staff can
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06/17/03
check with Adelphia to see why it is not available.
Mr. Levinson stated there are very specific requirements as to where the cable has
to be provided which is basically everywhere within the city. Furthermore, Mr. Levinson stated
there is no place that is really far enough away fi.om their cable lines to be excluded.
Mr. Costin moved to approve Ordinance No. 18-03 on FIRST Reading, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mr. Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed
with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and inquiries.
ll.B.
From the Public.
ll.B.1. Alice Finst, 707 Place Tavant~ Delra¥ Beach, stated last night she attended the
Planning and Zoning Board meeting regarding Bexley Park (also known as the Arvida property).
She stated the Planning and Zoning Board reviewed the Master Development Plan and the
Conditional Use Request she spoke about the mitigation of the wildlife on the property
particularly the raccoons. Mrs. Finst stated she later found out that there were not only raccoon
on the property but also wild boars, rats and other types of animals that seem to migrate when
property is developed. In this circumstance since there is a 10 acre park with a lake on the
property, Mrs. Finst stated it seems the most logical place these animals would relocate is to the
city owned park. Mrs. Finst expressed concern regarding this and stated it seems appropriate
that the developer remove these animals before they travel into the city owned park. Mrs. Finst
expressed concern that if a child is bitten in the city owned park it will be taxpayer money that
will take care of the problem. Mrs. Finst stated before this project goes any further she urged the
Commission to issue an ordinance which requires the developer to mitigate the wild animals.
At this point, the time being 6:47 p.m., Mayor Perlman adjoumed the Regular
Meeting to Item 14, Closed Attorney/Client Session.
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re:
the case of Village by the Sea, L.L.P.v. the City of Delra¥ Beach and Frank and Nilsa
McKinne¥ v. the City of Delray Beach
Attendees:
Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Robert Costin
Commissioner Alberta McCarthy
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06/17/03
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
Assistant City Attorney Terrill Pybum
A certified court reporter
Purpose:
Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
Mayor Perlman read the following statement for the record: "The City has scheduled a
closed attorney-client session pursuant to Florida Statutes §286.011(8) in the cases of:
Village by the Sea, LLP v. City of Delray Beach - Case No. CA06122 AY; and, Frank
and Nilsa McKinney v. City of Delray Beach - Case No. 2003 AP 001062AY. The
estimated length of the closed session shall be 20 minutes. The following persons will be
attending: Mayor Jeff Perlman, Commissioners Jon Levinson, Patricia Archer, Alberta
McCarthy, Bob Costin, and City Manager David Harden, City Attorney Susan Ruby,
Assistant City Attorney Ten'ill Pyburn, and a certified court reporter."
At this point, the time being 7:25 p.m., Mayor Perlman reconvened the Regular Meeting
and announced that the Closed Attorney/Client Session was terminated.
15_._:. SETTLEMENT OF VILLAGE BY THE SEAt L.L.P.V. CITY OF DELRAY
BEACH: Consider settlement of the referenced matter.
SETTLEMENT OF FRANK AND NILSA MCKINNEY V. CITY OF
DELRAY BEACH: Consider settlement of the referenced matter.
Mr. Levinson moved to direct staff to continue negotiations with Village by the
Sea, L.L.P. and Frank and Nilsa McKinney regarding Item #15 and #16, 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.
At this point, the time being 7:25 p.m. the City Commission moved to the duly
advertised Public Hearings portion of the Agenda.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 16-03: An ordinance rezoning from AC (Automotive
Commercial) to GC (General Commercial) for a 0.759 acre parcel of land located at 909 S.E. 5th
Avenue and S.E. 9th Street for Gulf Stream Business Bank. Prior to consideration of passage of
this ordinance on Second Reading and FINAL Reading, a Public Hearing has been scheduled to
be held at this time (Quasi-Judicial Hearing).
The caption of Ordinance No. 16-03 is as follows:
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06/17/03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL LOCATED AT 909 SE 5TH
AVENUE, WHICH IS AT THE SOUTHEAST CORNER OF
SE 5TH AVENLg~ AND SE 9TH STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA,
SEPTEMBER, 2002"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 16-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public heating was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Mayor Perlman asked the Commission to disclose any ex parte contacts. No ex
parte contacts were disclosed.
Paul Doffing, Director of Planning and Zoning, entered into the record the
Planning and Zoning Department project file #2003-171.
The subject property consists of Lot 2A of the replat of Lot 2 Ninth Street Plaza,
which is zoned AC (Automotive Commercial) and contains 0.76 acres. There is an existing
5,758 square foot structure and associated parking located on the property. The structure is
occupied by the Blue Max German Autohaus, which is an automotive repair shop with incidental
sales of vehicles. The proposal is to change the zoning designation of Lot 2A from AC to GC to
establish a new financial institution with drive-through facilities for Gulfstream Business Bank
and office space.
At its meeting of May 19, 2003, the Planning and Zoning Board held a public
hearing in conjunction with the request. After reviewing the staff report and discussing the
proposal, the Board voted 5-0 (Morris and Woehlkens absent) to recommend that the request to
rezone the property from AC to GC be approved, based upon positive f'mdings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development
Regulations, and policies of the Comprehensive Plan.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 16-03, the public hearing was
closed.
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06/17/03
Mr. Costin moved to adopt Ordinance No. 16-03 on Second and FINAL Reading,
seconded by Mrs. Archer. 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.
10.B. ORDINANCE NO. 13-03: An ordinance amending the Land Development
Regulations Section 2.4.3 (K)(1) to provide for an increase in the development application fees.
Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 13-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE
PROVISIONS", ARTICLE 2.4, "GENERAL PROCEDURES",
SECTION 2.4.3, "SUBMISSION REQUIREMENTS",
SUBSECTION 2.4.3(K), "FEES", SUB-SUBSECTION
2.4.3(K)(1), "DEVELOPMENT APPLICATIONS", TO
PROVIDE FOR AN INCREASE IN THE DEVELOPMENT
APPLICATION FEES CHARGED; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 13-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this ordinance modifies the
fees for land development applications and noted that the last time this was done was
approximately six years ago. This analysis included fees charged by other municipalities in the
area for similar development activities as well as an assessment of the average staff hours spent
on each type of application. Based upon this review, an increase in fees is supported. The
increase results in a minimum across the board increase of 10% (except for voluntary
annexations) plus significant adjustment for processes which are drastically undervalued at this
time such as certificates of appropriateness, variances and LDR text amendments.
At its meeting of May 19, 2003, the Planning and Zoning Board held a public
heating regarding this item and after discussing the amendment, the Board voted 4-0 (Morris,
Pike and Woehlkens absent) to recommend approval of the proposed text amendment based
upon positive findings with respect to LDR Section 2.4.5(M)(5).
-15-
0~17~3
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 13-03, the public hearing was
closed.
Prior to the vote, Mr. Levinson stated although he realizes this is a 100% increase
for some fees, he still feels this is a lot of work (i.e. certificate of appropriateness). Mr. Levinson
suggested limiting the calculation of the fees by the percentage of increase because if it is hours
of work and only $100, he feels it still may be undervalued. In response, Mr. Dorling stated the
$100 may be appropriate in some cases and may be undervalued in other cases.
The City Manager stated he feels this is a pretty good average.
Ms. McCarthy suggested that the city systematically review the fees either on an
annual basis or every 2-3 years versus every decade to avoid having to make such significant
increases.
The City Manager explained that these fees are not reviewed on a regular basis
across the board. However, the City Manager stated this would make sense to systematically
review these fees and noted some fees are limited to how often they can be changed.
Mrs. Archer concurred with comments expressed by Ms. McCarthy and stated she
feels there should be a review of fees at least every five years.
Mrs. Archer moved to adopt Ordinance No. 13-03 on Second and FINAL
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.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney.
The City Attorney had no comments or inquires on non-agenda items.
13.C.
City Commission.
13.C.1.
Commissioner Archer
Mrs. Archer commented about a flyer on the "Palm Beach County Noise
Abatement Protest Run" regarding the motorcycles. Mrs. Archer stated she sat on the sidewalk
downtown as eighty motorcycles conducted a parade and commended the Police Deparmaent for
doing an admirable job of maintaining decorum as did the bikers.
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06/17/03
Mrs. Archer commented about an article in the Florida League of Cities
newsletter which talked about mitigation fimds for expenses for cities after 9-11 are available but
only within a specific date. Mrs. Archer stated there are a great many more expenses that have
been incurred outside those dates and commented that they were very specific with regard to
level orange. Therefore, Mrs. Archer stated even though there are funds available she feels it
may be very difficult to obtain funds to mitigate some of those expenses.
13.C.2.
Commissioner Costin
Mr. Costin had no comments or inquiries on non-agenda items.
13.C.3.
Commissioner McCarthy
Ms. McCarthy had no comments or inquiries on non-agenda itc~ns.
13.C.4.
Commissioner Levinson
Mr. Levinson stated he would like to wish his daughter a Happy 21 st birthday.
13.C.5.
Mayor Perlman
Mayor Perlman commented about an article which appeared over the weekend in
The Palm Beach Post regarding West Pall Beach and the future of their downtown and stated
they convened that a National Panel of Experts from the Urban Land Institute came in to
brainstorm about the furore of Clematis Street. Mayor Perlman stated an expert from Oregon
said "if one would take this advice you would surpass Atlantic Avenue and Las Olas Boulevard"
with regard to goal standards. Mayor Perlman stated we are in a constant state of competition for
shoppers, tourists, and residents and commented that there are cities looking to capture those
dollars and people so it is important to keep the downtown a viable economic engine.
Secondly, Mayor Perlman stated Sergeant Robert Bradley saved a woman from a
speeding locomotive and received the Medal of Valor Commendation. In addition, Mayor
Perlman stated Officer Fred Parker became the second officer in the history of the city to attain
the Master Police Officer status. Mayor Perlman stated he feels it would be nice for the city to
recognize them both.
Ms. McCarthy commented that Major Will McCollom completed a special
training program and suggested that his name be added too (if not done so already).
Mayor Perlman stated he has received some correspondence from the President of
the BPOA with regard to the timed bridge openings. Mayor Perlman stated the BPOA is pleased
with the Coast Guard experiment and have asked the city to write letters to the Coast Guard in
support of the timed bridge openings. Mayor Perlman suggested that this be discussed in further
detail at a later date.
-17-
0~17~3
Mr. Levinson stated he is receiving correspondence from boat owners who are
taking an opposite stand to the bridge openings.
Mayor Perlman stated he received a request from a resident regarding the traffic
calming on Lowson Boulevard.
Mayor Perlman stated he returned a week ago from the U.S. Conference of
Mayors Conference and commented there was a lot of information that he feels would be
beneficial for everyone. Mayor Perlman stated there are currently two issues right now. Mayor
Perlman stated one issue is Homeland Security in relation to what it is doing to cities budgets.
Mayor Perlman continued to state there are cities that are closing down fire stations and laying-
off scores of employees including public safety personnel and taking from the reserves in order
to balance the budget. Mayor Perlman stated the other issue is Affordable Housing and he
commented that across the country this is a huge issue mostly for workforce housing. Mayor
Perlman stated he is very proud of Bexley Park and he feels it is going to be a fabulous
neighborhood.
Mayor Perlman stated a mediation date is set for July 29, 2003, and commended
the City Attorney's office particularly Jo Weaver for finding a common date for twenty people
some of which travel the world.
There being no further business, Mayor Perlman declared the meeting adjourned
at 7:45 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 June 17, 2003,
which Minutes were formally approved and adopted by the City Commission on
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06/17/03
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.
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06/17/03
WHEREAS, Reverend John W.H. Thomas, Jr. is a native of Guyton, Geergia and is the
second eldest of twelve children born to the late Reverend John W.H. Thomas, Sr. and Marie Easlcy
Thomas; and
WHEREAS, Rev~nmd John W.H. Thomas, Jr. is married to Ophelia Thomas and through this
wonderful union he has five children, one deceased daughter, and four grandchildren; and
Ve'HEREAS, Reve~d Thomas served honorably in the Almy, aRended Bethtme-Cookman
College, and received a Bachelor's Degree in both Social Studies and Elementary Education.
Reverend Thomas did Graduate Studies at Florida Agriculture and Mechanical University (FAMU),
Florida State University, Marquette University, and Hampton University. Reverend Thomas was a
school teacher for thirty years in the Florida Public School System and ~tired in 1981; and
WHEREAS, Reverend Thomas became a Christian at an early age and received the call to the
Ministry in 1955. In November 1959, he became Pastor of St. Paul Missionary Baptist Church and is
currently the Dean of Pastors in Deiray Beach; and
WHEREAS, Reverend John W.H. Thomas, Jr. is a member of the Board of Directors of the
Florida General Baptist State Convention and Director of Public Relations, a member of the Florida
East Coast Association Board of Directors, and a member of the Florida East Coast Con/ress of
Christian Education Board of Directors; and
WHEREAS, the City of Delray Beach honored Reverend Thomas in recognition of his service
to the City on December 17, 1989, by dedicating a building in his name at Carver Estatos; and
WHEREAS, Rev;,~ud Thomas has received several awards from fraternal and religious
organizations during many years of dedicated service to the community, City, and State; and
WHEREAS, in June 2003, Reverend John W.H. Thomas, Jr. celebrated his 44a~ year as the
pastor of the St. Paul Missionary Baptist Church.
NOW, THEREFORE, 1, JEFF PERLMAN, Mayor of the City of Delray Belch, Florida, on
behalf of the City Commission, and the Citizens of Delray Beach, hereby recognize and commend
REVEREND JOHN W.H. THOMAS, JR.
on his 44a~ y~r anniversary as a pastor and further recognize and congratulato him on his many
achievements.
IN WITNESS WItEREOF, I have hereunto set my hand and caused the Official Seal of the
City of Deiray Be, ach, Florida, to be affixed this 8th day of July, 2003.
JEFF PERLMAN
MAYOR
WHEREAS, on May 3, 2003, in the City of Delray Beach, Florida, a tragedy was
prevented; and
WHEREAS, Sergeant Robert E. Bradley, a City of Delray Beach Polica Officer,
arrived first on the 200 block of S.E. 3"~ Street where a vehicle had struck the railroad
tracks; and
WHEREAS, a train was southbound from N.E. 14th Street and heading directly
towards the vehicle stuck on the railroad tracks. Sergeant Bradley observed a male
attempting to open the passenger door of the disabled vehicle to rescue his girlfriend;
and
WHEREAS, Sergeant Bradley realized there was not much time due to the fast
approaching train and attempted to persuade the female to exit the stuck vehicle via the
ddver's side. However, the female's leg had been severely injured in the crash and she
could not move; and
WHEREAS, Sergeant Bradley reached into the vehicle, secured the female on
his shoulder and carded her out of the car to a safe area. Seconds later, the train came
by and struck the unoccupied vehicle.
WHEREAS, Sergeant Bradley's bravery and fearlessness, at dsk of his own
personal safety, prevented further injury to the female and earned him the "Medal of
Valor" from the Delray Beach Police Department.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby recognize and commend
SERGEANT ROBERT E. BRADLEY
for his immediate action in an extremely dangerous situation. His actions were above
and beyond the call of duty. He is raspensible for saving a life. Sergeant Bradley's
willingness to respond to an emergency exemplifies the highest and best in the human
spirit. Sergeant Bradley is truly a hero.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 8t~ day of July, 2003.
JEFF PERLMAN
MAYOR
WHEREAS, Frederick N. Parker has been with the Delray Beach Police
Department for seventeen years and is currently in charge of the Training/Recruiting
Section; and
WHEREAS, Frederick has had numerous assignments including Uniform Patrol
Division, Tactical Team, Organized Crime Section, Palm Beach County Multi-Agency
Narcotics Unit, DEA Task Force, Detective Bureau, SWAT Team, and is a Hostage
Negotiator; and
WHEREAS, He is also a certified instructor in the areas of Firearms, Defensive
Tactics, Officer Survival, Use of Force, Non-Violent Cdsis Intervention, and Less Lethal
Munitions. Frederick holds certifications in Firefighting and EMT/Paramedic; and
WHEREAS, Frederick has taught at other Police Agencies as well as the
Broward and Palm Beach Counties' Police Academies. He was involved in the creation
of the Atlantic High School "Police Career Program" as well as the "Rape Aggression
Defense Program", both sponsored by the Delray Beach Police Department; and
WHEREAS, in February 2003, Frederick N. Parker fulfilled the requirements for
"Master Police Officer' within the Delray Beach Police Department.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby recognize and commend
MASTER POLICE OFFICER FREDERICK N. PARKER
and call upon all present to acknowledge and applaud the tremendous contributions he
has made to the Delray Beach Police Department, the community, and other agencies
through his effort and dedication.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 8th day of July, 2003.
JEFF PERLMAN
MAYOR
RESOLUTION NO. 42-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
RECOGNIZING AND COMMENDING LIEUTENANT WAYNE YODER FOR TWENTY-ONE
YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH.
WHEREAS, Wayne Yoder was hired as a Fire Fighter by the City of Delray Beach on December 21,1981;
and
WHEREAS, during the past twenty-one years, Wayne has been a dedicated and loyal employee, gifted with
knowledge, serffmg as a mentor to his peers, a counselor to his crews, and instructor and a leader, always exhibiting a
positive "can do" attitude; and
WHEREAS, Wayne was promoted to Driver-Engineer on January 10, 1987, and in that capacity Chaired the
Fire-Rescue Department's newly formed Hazardous Materials Committee charged with the task of determining the
level of community risk from hazardous materials, formulating a plan of action to meet that risk, and the oversight of
that plan to insure it's effectiveness. Ultimately, Wayne was promoted to Lieutenant on December 10, 1998, and
continued to serve as a member of the Committee; and
WHEREAS, Wayne Yoder is recognized throughout the State of Florida and across the Nation as an
innovator and expert in the field of hazardous materials response providing service over the years to the District Ten
Local Emergency Planning Committee, the State of Florida Emergency Response Commission, the National Fire
Academy, and the International Association of Fire Fighters as a subject matter expert and instructor.
WHEREAS, Lieutenant Wayne Yoder retired from De[ray Beach frire-Rescue on June 30, 2003 and will
assume new responsibilities as Hazardous Materials Program Specialist at the National trire Academy on July 14, 2003
where he will be responsible for program management and leadership on the Federal level in the constantly evolving
field of hazardous materials response and mitigation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF D~I.RAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach hereby recognizes and commends Wayne
Yoder for twenty-one years of dedicated and faithful public service to our community and to his fellow Frire Fighters
at home and across the nation.
Section 2. That the City Commission hereby congratulates Wayne Yoder upon his selection and
appt;mtment to a new position at the National Fire Academy and wishes him the best of health and happiness as he
continues his career in the Fire-Rescue Service.
PASSED AND ADOPTED in regular session on this the 8th day of July, 2003.
ATI*EST:
MAYOR
City Clerk
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM - REGULAR MEETING OF JULY 8. 2003
FINAL SUBDMSION PLAT APPROVAL/SHOREWALKER PLACE
PLAT
DATg: JULY 3, 2003
This is before the Commission to approve the final subdivision plat for Shorewalker Place
subdivision. The property consists of four (4) town homes and is located on the south side of
George Bush Boulevard, east of Andrews Avenue.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Shorewalker Place.
S:\City Clerk\chevelle folder\agenda memos\Final Plat. ShorewalkerPlace.7.8.03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
Randal L. Krejcarek, PE
01 Jul 2003
Shorewalker Place Plat
Please find attached an agenda request for Commission approval of the Shorewalker
Place Plat. This plat is for four town homes on George Bush Blvd. A location map and
a reduced copy of the plat are enclosed. This plat received Planning and Zoning
Board approval on 17 Mar 2003.
If this meets with your approval, please place it on the 08 Jul 2003 Commission Agenda
for approval.
enc
cc TAC tile
S:~EngAdmin[TACLshore walker place[2OO3jul08 agenda memo.doc
SHOREWALKER
PLACE
PLAT
1210 & 1224 GEORGE
BUSH BOULEVARD
SUPPLEMENTAL INFORMATION
SUB ~46-43 W. 83 FT. OF E.
Date: 01 Jul 2003
AGENDA ITEM NUMBER: ~-''/&
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda
V/hen: 08 Jul 2003
Description of Agenda Item (who, what, where, how much):
Request for Commission approval of the Shorewalker Place Plat. This plat is for four
town homes on George Bush Blvd. A location map and a reduced copy of the plat are
enclosed. This plat received Planning and Zoning Board approval on 17 Mar 2003.
Staff Recommendation: Approval,~-~ . ,- r~
Department Head Signature: (~~___~-~ ~-~-0~
City Attorney ReviewfReeommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N.A.
· Account Number
Description
Special Agenda
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: ~/No Initials:
Hold Until:
(if applicable)
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\shore walker placeN2003jul08 agenda.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # Or'~ _ REGULAR MEETING OF JULY B. 2003
REOUEST FOR SIDEWALK DEFERRAL/209 PALM TRAIL
DATE: JULY 3, 2003
The attached agreement is between the City and the Three Development Company to allow the
waiver of the requirement to construct a sidewalk pursuant to Land Development Regulations Section
6.1.3 (D)(1)(b) to install a sidewalk within the right-of-way in front of a single-family residential lot
(209 Palm Trail) located along the west side of the Intracoastal Waterway.
Currently, there are no sidewalks in this area and no plans to install sidewalks on Palm Trail.
Therefore, staff is in support of the developer's request to have the sidewalk in front of 209 Palm
Trail deferred.
Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk
improvements until such time as the City requests the sidewalk to be constructed.
S:\City Clerk\chevelle folder\agenda memc~\SidewalkDefermlRequesC7.8.03
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.
l-Jul-03
City Commission Agenda Item
Sidewalk Deferral Request
209 Palm Trail
The attached agenda item is a request for a deferral of sidewalk installation in front of
209 Palm Trail. This lot is a single-family residential lot located along the west side of
the Intracoastal Waterway.
There currently are no sidewalks on Palm Trail. Although a sidewalk may be installed
at some point in the future, there are no current plans to install a sidewalk on this street.
Therefore, am supporting the request to have the sidewalk in front of 209 Palm Trail
deferred.
The attached map indicates the location of this sidewalk deferral.
Please place this item on the 08 Jul 2003 Commission Agenda.
Thanks.
enc
cc Richard Hasko, P.E.
file
S:~EngAdmint$idewalk deferralst209 palm tr agenda memo 08jul2OO3. doc
N.E. 5TH CT.
___~.~ ~ I sm sr. --
zi-.., ST. ~ i/m
Z
N.E. 2ND ST.
I N.E. 1ST CT.
ATLANTIC AVE.
I III // [ ~ ~ ~ ~ I ~ /I I
~~ ~8 ~P~ 209 Polm Troll
~ / ~~A~Y~~ Proj. ~2003-200 1 of 1
Prepared By: RETURN TO:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Dekay Beach, Florida 33444
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into this
200_3, between the City of
Three Development Company
the requirement of the installation ora sidewalk along 209 Palm Trail
as the City requests the construction of the sidewalk by the Owner.
15 day of May
Delray Beach (hereinafter the City) and
(hereinafter the O~mers), for the purpose of waiving
until such time_
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a
sidewalk, within the. PR ~/I~ "/'/~,4"/~ right-of-way/mmed/ately abutting the subject
property, by the Owner prior to the issuance ora certificate of occupancy; and,
',;VIG~ REAS, thc Ownera have requested a waiver from the requirement of the installation
ofa aidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and,
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation of a sidewalk until such time as the City requests the
Owner construct the sidewalk.
WITNESSETH
NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to
waive the requirement for the installation ora sidewalk, at this time, for the property located at:
209 Palm Trail, Delray Beach, FL 33483
1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
P/~tl~ -/"~/~t ~- right-of-way abutting the subject property, within a time period
that is acceptable to the City, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances of the City of Delray Beach.
2. It is the intent of the parties that this Agreement shall run with the land. This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be
binding on the parties legal representatives, heirs, successors and assigns. ~ ~
IN ..WITNESS WHEREOF, the parties to this agreement set their hands and seals this
day of
ATTEST:
,200_.
City Ck~:k
.approved as to lo.tm and sufficiency:
CITY OF DELRAY BEACH, FLORIDA
By:.
Mayor
City Attorney
WITNESSES:
2
(Please type or print ~arrce)
(Please type or print name)
STATE OF ]::CC)$'/~(D/~
COU rYOF
The foregoing instrument was acknowledged before me this /~, day of
~Vk ~ . ,200~by ~, L~ ~ Ccc~ U~. (name of officer or agent), of
~"~2~\O .C)~o~ (name of corporation), a ]C-Lo/Z-L~/¥ (State or Place of
incorporation) corporation, on behalf of the corporation..~'h-~s personally known ~
has produced (type of identifica~imr)~s ~dcn~ficatimi-'-~ did/did
not take an oath. ~'~ ~~
Signature of Notary Public -
State of /"~(. O ~ (2),4
(SEAL)
3
Date: 01 Jul 2003
AGENDA ITEM NUMBER:
Request to be placed on:
X Consent Agenda
When: 08 Jul 2003
AGENDA REQUEST
Regular Agenda
Workshop Agenda
Special Agenda
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mayor to si,qn sidewalk deferral a,qreement for 209 Palm Trail.
Recommendation Staff recomme~3~ a~p~ ..._.
DepartmentHeadSignature: ~- _(~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: NA
Account Number NA
Description NA
Account Balance: NA
Funding Alternatives: NA
City Manager Review:
(if applicable)
Approved for Agenda: ~/No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
S:tEngAdmin~sidewalk deferrals~209 palm tr agenda 08jul2OO3. doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER y~64~
AGENDA ITEM #'''ac:~ - REGULAR MEETING OF JULY 8, 2003
RESOLUTION NO. 40-03
DATE: JUNE 27, 2003
This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure
located at 46 NW 12~h Avenue.
The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the
property in the event the assessment remains unpaid.
Recommend approval of Resolution No. 40-03.
AgrnemoDEMO Res No 40-03
RESOLUTZON NO. 4,0-03
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
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 A~SESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, ~ DECLARING SAID LE"v-Y TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPA/D ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regnlations, declared
the existence of an Lmsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the- land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
raanifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
fail%ute to file an appeal or to ~make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations 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 certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Co~nission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
2
Res. No. 40-03
the rate of six percent (6%) per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (6%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
, 2003.
day of
ATTEST:
MAYOR
City Clerk
3
Res. No. 40-03
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
MELVIN AND EARLENE MORGAN
MAILING ADDRESS:
PROPERTY ADDRESS:
2102 SW 13th STREET
DELRAY BEACH, FL 33444
46 NW 12th AVENUE
LEGAL DESCRIPTION: LOT 28, BLOCK 1, ATLANTIC PARK GARDENS,
ACCORDING TO PLAT BOOK 14, PAGE 56 OF THE OFFICIAL RECORDS OF PALM BEACH
COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $ 2~806.57 by resolution of the City Commission of the
City of Delray Beach, Florida, dated ., 2002 has been levied against
the above described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on February 5, 1999 that the Chief Building official had
determined that a building/structure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the city if you failed to act.
__X__ You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on March 3, 1999. The Board of Construction upheld the decision
of the Chief Building Official.
Res. No. 40-03
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on July 21, 2000
at a cost of $ 2~806.57 which includes a ten percent (10%) administrative fee. If you fail
to pay this cost within thirty (30) days, that cost plus additional administrative and
recording costs shall be recorded in the official Records of Palm Beach County, Flor/da
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
5 Res. No. 40-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ - REGULAR MEETING OF JULY 8, 2003
RESOLUTION NO. 41-03
DATE: JUNE 27, 2003
This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe
structure located at 24 NW Th Avenue.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessment remains unpaid.
Recommend approval of Resolution No. 41-03.
Agmemo. EMERG.Res No 41-03
· .EBOLUT?ON NO. 41-03
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 DUB DATE
AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regnlations, describing the
nature of the violations and sent notices that the huildin~ was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed with/n thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Buildin~
Official would have the authority to have the buildin~ demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amo%mt(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations 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 certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
Res. No. 41-03
the rate of six percent (6%) per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (6%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
, 2003.
day of
ATTEST:
MAYOR
City Clerk
3
Res. No. 41-03
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO.'
JOSEPH P. CADET
MAILING ADDRESS:
PROPERTY ADDRESS:
734 BELVEDERE ROAD
WEST PALM BEACH, FL 33405
24 NW 7th AVENUE
LEGAL DESCRIPTION: LOT 17, BLOCK 4, MONROE ACCORDING TO PLAT BOOK
14, PAGE 67 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $55.00 by resolution of the City Commission of the City of
Delray Beach, Florida, dated _, 2002 has been levied against the above
described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on December 16, 2002 that the Chief Building official
had determined that a building/structure located on the above described property was
unsafe. You were advised in that notice of the action that would be taken to remedy that
unsafe condition and that the action would be initiated by the city if you failed to act.
__X__You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your fight to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on . The Board of Construction
upheld the decision of the Chief Building Official.
Res. No. 41-03
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on November 12~ 2002
at a cost of $ 55.00 which includes a ten percent (10%) administrative fee. If you fail to
pay this cost within thirty (30) days, that cost plus additional administrative and recording
costs shall be recorded in the official Records of Palm Beach County, Florida against the
above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
5 Res. No. 41-03
TO:
FROM:
SUBJECT:
PAUL DORLING, DII~TOR OF PLANNING AND ZONING
MEETING OF JULY 8, 2003 ** CONSENT AGENDA**
AUTHORIZATION TO PROCEED - ENGINEERING SERVICES
FOR BORROW AREA EASEMENT MODIFICATION AND
PURSUIT OF A SUBMERGED LAND LEASE TO PROTECT
SAND RESOURCES FOR FUTURE RENOURISHMENT
PROJECTS.
This proposal is for engineering services associated with the modification of one
of the two existing borrow area easements over state submerged lands which
were recorded with the Department of Environmental Protection (DEP) for the
2002 Delray Beach renourishment project. The task will also involve pursuit of a
long term easement or land lease to protect sand resources located immediately
off shore for future Delray Beach renourishment events. The existing easements
recorded in 2002 are for a 10 year period and will expire prior to the next
renourishment project. The northern end of the existing Borrow Area II easement
is immediately east of a natural gap in the reef system. This gap is one of five
DEP designated telecommunication cable landing sites in Palm Beach County.
The Florida Teleport Company is currently in the DEP permitting process to
provide facilities through this approved gap and modification of the easement to
eliminate conflicts is necessary. The modifications will involve the removal or
reconfiguring of the northern approximately 1,400 feet of the existing easement
(see attachment).
The attached scope of work outlines the personnel that will be utilized for this
task and estimated hours and related fee schedules. The task is explained in
detail in the attached correspondence from Coastal Planning and Engineering.
The proposed fee fpr this task is not to exceed $14,310.58. Funds
are available in the~each Restoration Fund. ~)~-/--//4,~/-~"~, :
By motion, approve authorization for Coastal Planning & Engineering, Inc. to
proceed with the Borrow Easement modification and pursuit of a long term
easement or land lease to protect sand resources for future Delray Beach
Renourishment projects.
Attachments: Letter from CPE/easement plan view/delray gap aerial
S:~adv\beach~borroweasementtask
COASTAL PLANNING & ENGINEERING, INC.
COASTAL & OCEAN ENGINEERING
COASTAL SURVEYS
BIOLOGICAL STUDIES
GEOTECHNICAL SERVICES
2481 N.W. BOCA RATON BOULEVARD, BOCA RATON, FL 33431
April 23, 2003
(561) 391-8102 Fax: (561) 391-9116
Internet: http://www.coastalplanning.net
E-mail: mail@coastalplanning.net
Mr. Paul Dorling, AICP
Director of Planning and Zoning
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Re.'
City of Delray Beach, Beach Renourishment Program, Sand Source (Borrow Area)
Easement Modification Proposal
Dear Mr. Doffing:
This is a proposal to assist the City of Delray Beach in modifying the City's existing borrow area
easement and to pursue a submerged land lease to protect sand resources for the future. Attached
to this proposal please find the cost estimate for the requested services.
The basis for the City's interest in modifying the borrow area easement is the planned
telecommunications project proposed for the offshore area immediately south of Atlantic
Avenue. The City is interested in vacating a portion of the current easement, south of the outfall
easement.
Secondly, it is our understanding that the City would like to achieve designation of the remaining
area between the City's north and south border as the exclusive sand resource zone for Delray
Beach's future shore protection projects. Preliminary investigation of the process required to
exclusively designate the sand resources within the City's boundaries indicates that the City may
be able to apply for a long-term submerged land lease. The typical duration of this type of lease
is fifty years, and is renewable, which would allow the City to fulfill the remainder of the Federal
shore protection project agreement.
We will prepare a legal description of the area of historically identified sand resources and
incorporate those adjacent areas that have a high potential of possessing sufficient quantities of
beach quality material for future project use. An application will be developed and submitted to
the DEP requesting the submerged land lease with the explanation that the purpose of the City's
request is to receive state approval and recognition that this area will be utilized by the City of
Delray Beach for future shore protection projects.
Please note that this proposal does not include any field investigations including geotechnical,
cultural resources, or environmental services, which we do not anticipate. Also, application or
lease fees resulting from the application or acquisition of the lease are not included.
RECEIVED
APR 2 5 2003
PCANNiAI6 & ZONING
City of Delray Beach
Borrow Area Easement Modification Proposal
April 23, 2003
Page 2
The lump sum cost to provide the City of Delray Beach the services identified in the proposal is
$14,310.58. A spreadsheet detailing the costs associated with this proposal is attached to this
correspondence.
If you have any questions regarding our evaluation, or require additional assistance on this issue,
please contact Craig Kruempel or me.
Sincerely,
q,.QASTfi. L PLANNING,& ENGINEERING, INC.
RiChard H. Spadoni
Senior Vice President
F:\CPE\Proposals~Palm Beach~Delray Beach\0403 Borrow Area Easement.prp.doc
Enclosure
CC:
Craig J. Kruempel, CPE
Earl Soeder, PSM, CPE
Jennifer Davis, CPE
Susan Beumel, CPE
COASTAL PLANNING & ENGINEERING, INC.
00~
748000
DELRAY
BEACH
R 179
1950'
BORROW AREA II
181
2050'+
N 756OOO
N 776OOO
N 772OOO
BORROW AREA I
N
LINTON
ATLANTIC OCEAN
N 740000
US ARMY CORPS OF ENGINEERS
APPLICATION
#/929
DATE ............... ~..~
DRAWING PAGE
iTITLE: DELRAY GAP
TELECOMMUNICATION LINE
2481 N.W. BOCA RATON BOULEVARD i CORRIDOR
BOCA RATON. FLORIDA 33431 '
p". (561) 391-8102 FAX (561) 3§1-9116 I DATE: ,,17,03 ~Y:
[ITY DF DELRflY BEfl[H
CITY ATTORNEY'S OFFICE 2°° mw., ^VEN,~E. DEL.^'~ .E^CH, ~LO.,D^ 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: June 30, 2003
Wdter's Direct Line: 561/243-7091
MEMORANDUM
TO:
FROM:
City Commission
~.,.,..~..,,.~'~
Brian Shutt, Assistant City Attorney
SUBJECT: Aqreement forWater Service Relocation
The attached Agreement provides for the relocation of an existing water main to
allow for the proposed building addition to occur. (see attached memo from Dan
Beatty). The current water main currently serves approximately seven other
properties. The water meters are located in the rear of the properties. The City
wishes to relocate the water meters to the front of the properties. Pursuant to the
terms of the Agreement, the property owner constructing the addition, shall pay for
half of the cost of the water main relocation, including the relocation of the water
meters to the front of the properties, in the amount of $3,491.25.
By copy of this memo to David Harden, our office requests that this item be placed
on the July 8, 2003 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Dan Beatty, Deputy Director of Public Utilities
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D
U M
TO:
FROM:
DATE:
SUBJECT:
Brian Shutt
Asst. City Attorney
C. Danvers Beatty, P.E. ]..~:~
Deputy Director of U~jJitl~s '
June 24, 2003
Agreement for Service Relocation
Attached is the original signed copy of the agreement with the property owner for the relocation
of existing water services. As you may recall, the property owner owns two lots which are back to
back. There is an existing water main which currently runs between the two lots and provides
water service to the rear of the properties. The owner has agreed to split the cost with the City to
relocate the existing service for the remainder of the block which will allow the existing water
main to be abandoned and will also allow the proposed building addition to occur. If acceptable
please place this item on the next available commission meeting for consideration by city
commission. Thank you.
CDB/cdb
Att:
CC:
Richard C. Hasko, P.E., Director of Environmental Services
Randal Krejcarek, P.E., City Engineer
SAEnvironmental Services[Dan Beat~ytCorky Relocatiorrmem.doc
RECEIVED
JUN 2 5 2003
CITY ATTORNEY
AGREEMENT
THIS AGREEMENT entered into this oQ ~ day of '~r'~_ ,200_~ by and
between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter
referred to as CITY) and LEIGH A. DIAMOND, (hereinafter referred to as OWNER),
provides as follows:
WHEREAS, OWNER intends to construct a single family home on thc property
described in Exhibit "A", in the CITY; and
WHEREAS, such construction shall take place across two lots that shall be joined
together by a unity of title; and
WHEREAS, a water main currently runs between the two lots and must be relocated or
terminated prior to cons~xuction; and
WHEREAS, the CITY wishes to move the water service of neighboring property
owners from the rear to the front of the property; and
WHEREAS, it benefits both parties to relocate the existing water service to the front of
the properties and terminate such service that currently exists at the rear of the properties; and
WHEREAS, the OWNER agrees to pay for half of the cost of the relocation or
termination of the water main, as described in Exhibit "B".
NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
foxth herein and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the OWNER and CITY hereby agree as follows:
1. INCORPORATION OF RECITALS. The above-stated recitals are
incorporated as if fully set forth herein.
2. COSTS PAID BY OWNER. The OWNER shall pay to CITY one-half of
the cost of the relocation or termination of the water main, as shown on Exhibit "B", in an
mount of three thousand four hundred ninety-one dollars and 25/100 CLIS$3,491.25). This
amount shall be paid to the CITY within 10 days of the execution of this Agreement. If
OWNER fails to make the required payment to the CITY within the required time period, the
CITY shall not be required to remove, relocate or terminate the water main.
3. PERMITS REQUIRED. Nothing in this Agreement relieves OWNER of any
obligation imposed under the CITY'S Land Development Regulations or Code of Ordinances or
any other rules or regulations of a governmental entity. OWNER is responsible for obtaining
any and all permits required in connection with the development of the single family home.
4. GOVERNING LAWS~ VENUE. Any claims, lawsuits or disputes that may
arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach
County, Florida.
5. INTEGRATION~ AMENDMENTS. This Agreement constitutes the entire
agreement and understanding of the parties. There are no representations or understandings of
any kind not set forth herein. Any amendments to this Agreement must be in writing and
executed by both parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
WITNESSES:
CITY OF DELRAY BEACH
By:
,Mayor
(Name Printed or Typed)
(Name Printed or Typed)
STATE OF
COUNTY
The foregoing instrument was acknowledged before me this eDq day of
~-~,~- ,200~ by ~-~- A .'~o,'~:~,:t (name ofp~rson
acknowledging).
~_ '~Z.~ga. HO~ K I~ffiff ~ghature o~otar~ Publi~State of Florida
PrimfTyp~, or gtamp Commissioned Name
of Notary Public
Personally Known ~/ OR Produced Identification
Type of Identification Produced:
3
Exhibit "A"
Lots 3 & 8, Block 4, Seagate Subdivision Section B, as recorded in
Plat Book 21, Page 56 of the Public Records of Palm Beach County.
BrT"B"
Boynlen l~ach, FL 33435
~61-374-9494
561-737-3827 fax
Estimate
I
3/20/2003 1693
N~I I Addm~l
City of Delray Beach
434 South Swlnt~ Ave
Dekay Beach, FI 33444
Att: Victo~ M~jt~nyi
P~J~
SeaSageBmld~r
~ Rate Qty To~l
~s ~ti~ ~ ~ ~ ~ ~ o~ ~ ~ ~ ~ old
~o ~h ~in to ~ ~ ~M I~t~ in ~ ~ of~ ~. ~s
imlu~ ~ m~ ~ ~ ~ w~ a I" ~p ~ ~ iron,tim
of~ ~ ~x a~ i~l~ of I" ~1o 40 PVC ~ ~ ~
m ~ ~u~ ~ti~ ~ ~ ~ ~
Furnish ~ i~ll l'~n st~ ~ ~ 225.~ 7 1
l~al~i~ p~ f~of 1" ~ li~ ~t ~g ~ s~si~ 12.~ 70
I~i~ of I" ~ ~x ~ lid . - 150,~ 7 1,0~.~
F~ish ~d i~H 1' PVC 3.50 525 1,837,~
H~se ~on 240.~ 7 I,~,~
$ignatum
LOT X
fACHT
BASIN
0
YACHT
BASIN --
J IlJilllltt
CT.
tEET 36 ·
WATER
ATLAS
JRANQE= 43 J
TOWNSHIP' 46 SHEET ,97
~CTION= ~'1 (NORTH)
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~I
AGENDA ITEM # ,.2x.~ - REGULAR MEETING OF _IULY 8. 2003
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/OFFICE
COMPLEX
DATE: JULY 3, 2003
This is before the City Commission to authorize approval of a hold harmless agreement for work
performed within the state right-of-way. Southern Development Services, Inc. is the owner of the
Office Complex Project, located on the southwest comer of Northbound Federal Highway and S.E.
10'h Street.
The developer is requi~ed to connect to an existing water main within the state fight-of-way. The
Florida Department of Transportation requires the City to sign the permit on behalf of the developer.
The proposed agreement provides that the developer w'fll hold the City harmless for the general work
to be performed under the permit.
Recommend approval of the hold harmless agreement for work performed within the state fight-of-
way between the City and Southern Development Services, Inc.
S:\City Clerk\chevelle folder\agenda memos\Hold Harmless Agra/Southern.7.8.03
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, CITY MANAGER
WILLIAM A. GRIEVE, P.E. ASSISTANT CITY ENGINEER
June 30, 2003
Hold Harmless Agreement for FDOT Utility Permit
Federal and SE 10th Street Office Complex
Please find attached a hold harmless agreement for work performed within the state
right-of-way. Federal and SE 10th Street Office Complex is proposed to be built on the
th
southwest corner of Northbound Federal Highway and SE 10 Street. The developer is
tying into an existing water main on Federal Highway. The existing water main is within
the State right-of-way and the Florida Department of Transportation requires the City to
act as the utility permit applicant. The attached agreement holds the City harmless for
the work performed under the permit.
Also, attached is a location map.
If the attached agreement is acceptable, please place it on the July 8, 2003 meeting for
commission approval.
Enc
Brian Shutt, Assistant City Attorney
file
S:tEngAdmin~TA CV=ederal and lOth office Complex~hold harmless agenda memo. doc
W1LSON AVE.
10TH
ST.
HIBISCUS
CENTRAL AVE.
S,E. 12TH RD.
BANYAN
TREE LANE
LIN TON
BOU
EVARD
CITY of DELRAY BEACH I
ENVIRONMENTAL SERVICES DEPARTMENT
FEDERAL &: S.E. lOTH ST.
OFFICE COMPLEX
LOCATION MAP
lB/~0/O~
003-20C
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE, STATE RIGHT-OF-WAY
THIS HOLD HARMLESS AGREEMENT is entered into this __ day of
~ 2003 by and between the CITY OF DEIALAY BEACH, FLORIDA,
(hereinafter referred to as "CITY") and SOUTHERN DEVELOPMENT SERVICES, INC.,
(hereinafter referred to as "DEVELOPER").
WITNESSETH:
WHEREAS, DEVELOPER wishes to install/construct improvements in the rigM-of-way
of the State of Florida; and
WHE~REAS, the CITY is required to sign the permit on behalf of the DEVELOPER to
allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold harmless the State for the work
performed by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and
defend the CITY and the State for the work performed in the Stetc right-of-way by the
DEVELOPER, its conh~tctor or agent.
NOW, TI~E~REFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt
of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and
the State, their agents, officers, employees and servants from any and all claims, suits, causes of
action or any claim whatsoever made, and damages, including, but not limited to reasonable
attorney's fees and costs at the trial and appellate levels, which may result from any activity
conducted by DEVELOPER, its contractors or agents in relation to the work performed in the
State right-of-way and as more particularly shown on the engineering plans submitted for the
development known as FEDERAL/10TM OFFICE COMPLEX.
3. DEVELOPER warrants and guarantees to the CITY that all work on the utility
improvement shall be constructed in accordance with the applicable codes of the City of Delray
Beach and the State of Florida. The DEVELOPER'S wan'anty and guarantee shall remain in
effect for one year from the date of final acceptance. Unremedied defects identified for correction
during the warranty/guarantee period but remaining after its expiration shall be considered as part
of the obligations of the guarantee and warranty. Defects in the installation or construction of the
utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall
subject the remedied portion of the work to an extended warranty/guarantee period of one year
after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The
Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful
observance of the guarantee.
4. DEVELOPER, shall supervise and direct the installation and construction of the
improvement, applying such skills and expertise as may be necessary to perform the work in
accordance with the approved engineering plans. DEVELOPER shall be solely responsible for
the means, methods, techniques, sequences and procedures of the construction and installation of
the improvement.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
6. This Agreement constitutes the entire agreement and understanding of the parties,
as it pertains to the construction or installation of the utility. The~e are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement must be in
writing and executed by both paRies.
7. I)EVELOPER or its contractor shall maintain worker's compensation insurance in
an amount required by law and general liability insurance in the amount of one million dollars
($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY
and the State as additional named insureds. I)EVELOPER or its contractor shall provide this
information to the CITY on a Certificate of Insurance that is acceptable to the CITY, prior to
commencing installation or construction.
8. DEVELOPER shah be bound by all the terms and conditions found in the General
Use Permit Application between the CITY and the State for this project and attached hereto as
Exhibit "A".
9.
Clerk.
This agreement shall not be valid unless signed by the City's Mayor and City
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
JeffPerlman, Mayor
WITNESSES
(Print or Type Name)
DEVELOPER:
SOUTHER DEVELOPMENT SERVICES,
INC.
Address: 75 NE 6* Avenue #214
Delray Bench, Florida 33483
Phone:. 561-278-3100
STATE OF FLORIDA
COUNTY OF PALM BEACH
~e foregoing instrument was acknowledged before me this 020 day of · 2003 by Jim Zengage (name of officer or agent, title of officer or agent) of
p~, uthem Development Services, Inc. (name of corporation acknowledging), a Florida (state or
lace of incorporation) corporation, on behalf of the corporation. Hed~ is personally known to
~ht~(did not) take an oath.
Of ~Tot8~
Pubfic-
State &Florida
4
Date: June 30, 2003 AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda Special Agenda
When: July 8, 2003
Description of Agenda Item (who, what, where, how much):
Commission approval/authorization for Mayor to execute hold harmless agreement
with Southern Development Services, Inc. for water main work performed within the
state right-of-way. Federal and SE 10th Street Office Complex is proposed to be built
on the southwest corner of Northbound Federal Highway and SE 10th Street. The
developer is tying into an existing water main on Federal Highway. The existing
water main is within the State right-of-way and the Florida Department of
Transportation requires the City to act as the utility permit applicant. The attached
agreement holds the City harmless for the work performed under the permit. This
agreement is subject to review and approval by the City Attorney.
Staff Recommendation:
Department Head Signature:
~M~roval .~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: ~ / No Initials:
Hold Until:'~
Agenda Coordinator Review:
Received:
S:\EngAdmin\TAC\Federal and 10th office Complex\hold harmless agenda.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~}A{
..-+..,
AGENDA ITEM # ~ - REGULAR MEETING OF JULY 9, 2003
GRANT AWARD FOR HOUSING REHABILITATION CONTRACT
DATE: JULY 8, 2003
This is before the Commission to consider approval of the following housing rehabilitation contract:
· $22,774.50 to Alpha South Construction for 350 S.W. 8th Avenue
Funding for the total amount of $22,774.50 for this grant is available from 118-1924-554-49.19
(State Hous'mg Initiatives Partnership (SHIP) Program/Housing Rehab'flitation).
Recommend approval of the housing rehab'flitation grant/contract award as outlined above.
S:\City Clerk\chevelle folder\agenda memos\CDBG Housing Rehab Award.7.8.03
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
June 17, 2003
Community Development Division Housing Rehabilitation Grant Award
ITEM BEFORE CITY COMMISSION
Approval is requested for one (t) Housing Rehabilitation grant award to the lowest responsive
bidder. 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 one (1) Housing Rehabilitation project to the verified
responsible low bidder and authorize award in the following amount:
Case Number Address Contractor Grant Amount
01-025 HR 350 SW 8th Ave. Lula B. Robinson $22,774.50
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2003-42 SH
APPLICANT: Lula B. Robinson
PROJECT ADDRESS: 350 SW 8th Avenue
DATE OF BID LETTERS: May 15~ 2003
DATE OF BID OPENING: May 29, 2003
NAME OF CONTRACTORS
ABISSET CORPORATION
ALPHA SOUTH CONSTRUCTION
CRAFTSMAN PLUS, INC.
DANIEL MORGAN
HENRY L. HAYWOOD
PRESTON CONSTRUCTION
SOUTH FLORIDA CONSTRUCTION
HORIZON ROOFING
PETITO ROOFING
WRIGHTS WAY ROOFING
AMOUNT OF BIDS
$ 2L690.00
$ 23~300.00
$ 22~164.00
$
$ 23,400.00
$ 23~780.00
$
IN-HOUSE ESTIMATE $ 22,986.19
CONTRACTOR AWARDED CONTRACT: Alpha South Construction
BID/CONTRACT AMOUNT: $ 21,690 + 1~ 084.50(5% Contingency) = 22~774.50
FUNDING SOURCE: SHIP (State Housing Initiatives Partnership) Program
Account No. 118-1924-554-49.19
COMMENTS:
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
__ Special Agenda
Workshop Agenda
vT~- Consent Agenda
Description of item (who, what, where, how much):
Case Number Address
Date: July 1, 2003
When: ~
Contractor
01-025 SHIP HR 350 SW 8th Avenue. Alpha South Construction
2003
Grant Amount
$22,774.50
ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of one (1) Housing Rehabilitation Grant and
Contract award from Account 118-1924-554-49.19 in the total amount of $22,774.50.
This amount includes a 5% contingency.
Department Head Signature: ~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~/NO
Funding Alternatives: . (if a~tflicable)
Account No. & Description: [[~ }tlgq-,55q-qq. Iq
Account Balance:
City Manager Review:
Approved for agenda:~NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
TO:
THRU:
FROM:
SUBJECT:
,~NErr MEEKS, EDUC~ I~ COORDINATOR
MEETING OF JULY 8, 2003 ***CONSENT AGENDA***
CONSIDERATION OF AMENDING THE MEETING DAYS OF THE DELRAY BEACH
EDUCATION BOARD
The Delray Beach Education Board currently meets on the first and third Mondays of the month
except during the summer in which case they meet once a month. As part of their responsibilities
each Board Member serves as a liaison to a public/private school and sits on their respective School
Advisory Council. Further, Board members participate in various special projects/meetings during the
year such as the PENCIL Program, School Showcase of the Arts, and Principal Breakfast.
Given the difficulties finding volunteers to serve on the Education Board with its level of commitment,
it was suggested at the City Commission Workshop meeting of May 13, 2003, that the Education
Board consider holding only one meeting a month.
Within the Code of Ordinances under Education Board Section 32.30 Meetinqs; Reports, it states that
the Education Board shall meet at least once monthly on a regular basis, with a regular meeting date
of the first Monday of each month. The Rules of the City of Delray Beach Education Board states the
Board shall conduct its regular meetings every first and third Monday of each month at 5:30 p.m.
Therefore, only the Rules of the Delray Beach Education Board are to be amended.
Article VII of the Rules of the Education Board allows for amendments, and states: the Rules may be
amended by a concurring vote of 50% +1 of filled regular member positions of the Board
recommending such amendment to the City Commission; provided however, that the proposed
amendment(s) has/have been presented in writing to the Board at least three (3) days prior to its
adoption.
The Education Board discussed the amendment at its meeting of June 16, 2003 and voted 7-0
(Owen, Allerdyce, Mitchell, Buzen absent) recommending approval of the amendment to the City
Commission to change the Rules of the Delray Beach Education Board to hold only one meeting a
month with the first Monday of the month being the regular meeting date. The Board also discussed
the new language. A written copy of the amendment was sent to the Board members on June 27,
2003 in accordance with the Rules.
By motion, approve the amendment to the Rules of the Delray Beach Education Board, Article III,
Section A: REGULAR MEETINGS, to contain the same language as found in the Code of Ordinances
- Section 32.30, subsection A.
Attachments: · Code of Ordinances Section 32.30
· Rules of the Education Board
Section 32.29(G)
(G) Identifying and attracting State and Federal programs
and grants in direct support of Delray Beach schools.
(H) Provide comments to the City Commission regarding
proposed developments and their impacts upon 'the racial balance
of schools.
(Ord. No. 24-90, passed 7/24/90)
Section 32.30 MEETINGS: REPORTS,
(A) The Education Board shall meet at least once monthly on
a regular basis, with a regular meeting date of the first Monday
of each month, except for when that date falls on a holiday under
which circumstance the Board shall establish another regular
meeting date for that month. The Education. Board may hold
special meetings at the direction of its Chairperson upon
twenty-four (24) hour notice.
(B) Ail meetings shall be open to the public
of business and procedure to be followed shall be
within the rules and regulations to be adopted by
Board.
and the order
as prescribed
the Education
(C) An annual "State of Schools" report shall be filed with
the City Commission so that it will be reviewed during a work
session in the month of May, thus affording time to address the
work program and budget of the School Board of Palm Beach County
for the following fiscal year.
(Ord. No. 24-90, passed 7/24/90)
RULES OF THE CITY OF DELRAY BEACH
EDUCATION BOARD
ARTICLE I -GENERAL GOVERNING RULES:
The Education Board (hereinafter the "Board") shall be governed by the ordinances of the City
of Delray Beach, Florida (hereinaRer the "City"), as and if amended, and the Rules of Procedure
hereinafter set forth (hereinafter the "Rules"), as adopted by the Board and approved by the City
Commission.
ARTICLE II - OFFICERS, COMMITTEES:
A. The Board shall elect a Chair, Vice Chair, and Second Vice Chair, annually at its
first regular meeting in the month of September, fi.om among its members, by a majority vote of
its members present and voting.
B. The Chair (or in his/her absence, the Vice Chair or Second Vice Chair) shall
preside at all meetings of the Board and nde on all points of order and procedure.
C. The Chair shall appoint any committees which may be deemed necessary.
D. The Staff Liaison shall act as Recording Secretary. The Recording Secretary shall
take and transcribe the minutes of each meeting o[the Board, conduct all correspondence of the
Board, keep a minute book recording attendance and the vote of each member upon each
question (or, if a member is absent or fails to vote, indicating such fact), maintain records of
examinations and hearings and other official actions, and carry out such other official duties as
may be assigned by the Board.
ARTICLE IH- MEETINGS, QUORUM, CONFLICTS: 5
A. REGULAR MEETINGS: The Board shall conduct its regular meetings every
first and third Monday of each month at 5:30 p.m., unless there is no cause tO hold such a
meeting, unless such regular meeting date falls on a holiday as designated by the City of Delray
Beach or with the option of not'holding the second meeting of any month as determined by the
chairman. The Recording Secretary of the Board shall notify each Board member, not less than
one (1) day prior to any regularly scheduled meeting, of the time and place of each meeting.
B. SPECIAL MEETING: A special meeting ma~y be called by the Chair subject to
compliance with statutory notice provisions...
C. QUORUM: A quorum is required in order to hold a meeting. A quorum shall
consist of 50% + 1 of the appointed regular members of the Board. Ail findings and orders of
the Board require a vote of the majority of its members present and voting; provided, however,
that not less than 50% + 1 of the regular members of the Board must vote in favor of an action
for the action to be official.
D. PRESENTATION. PERSONAL INTEREST: No member of the Board shall
appear or represent before the Board a person in any matter pending before the Board. No
member of the Board shall hear or vote upon any matter before the Board in which she or he is
directly affected in a financial way. Whenever a member of the Board has a direct personal,
private or personal interest in any matter which comes before the Board, which interest creates a
conflict of interest, that member shall disclose said conflict before discussion and vote and shall,
within fifteen (15) days after the vote occurs, file the proper form with the Board Secretary
pursuant to the provisions of Chapter 112, Florida Statutes.
E. CONDUCT OF MEETINGS: All m~etings shall be open to the public, and the
formal agenda posted in the Lobby of City Hall three (3) days prior to each regularly scheduled
meeting. The Chair may, at his or her discretion, change the order of business at any meeting.
F. ADJOURNED MEETINGS: The Board may adjourn a regular meeting, if all
business cannot be disposed of on the day set, to a time and date certain; however, notice of the
time and date of postponement shall be given at the time of adjournment and shall not be
changed prior to resumption of the postponed meeting.
ARTICLE IV - SCHOOL LIAISON ASSIGNMENTS:
A. DELRAY BEACH PUBLIC SCHOOLS: Each Education Board member shall
serve as a liaison to a public school located in Delray Beach. Responsibilities of the liaison
include: 1) meet or talk once per month with Principal and/or SAC Chair, 2) discuss
needs/priorities and bring back information to Board for any action, 3) coordinate School
Showdown of the Arts, 4) obtain positive information for public relations, i.e., news releases, and
5) attend school meetings, as may be required.
B. DELRAY BEACH PRIVATE SCHOOLS: Each Education Board member shall
serve as a liaison to .a private school located in Delray Beach. Responsibilities of the liaison
include: 1) coordinating School Showdown of the Arts and, 2) meet periodically or call to
determine if there are any needs or problems.
ARTICLE V - ABSENCES, RESIGNATION, VACANCIES:
A. ~BSENCES: If any regular Board member fails to attend three (3) consecutive
regular meetings, the member's office shall be deemed vacant and the City Commission shall
promptly fill such vacancy. The Board member may appeal the decision and reapply in writing
to the City Commission.
B. RESIGNATION: Except as otherwise provided in Paragraph 1, above, of this
Article V, a Board member may resign fi.om the Board by filing a written statement of
resignation with the Clerk of the City.
C. VACANCY: Vacancies on the Board shall be filled pursuant to Section 32.10 of
the City Code of Ordinances, as mended.
ARTICLE VI - PARLIAMENTARY PROCEDURE:
Roberts Rules of Order shall be the final authority on all questions of parliamentary
procedure.
ARTICLE VII- AMENDMENTS; EFFECTIVE DATE:
A. These Rules may be amended by a concurring vote of 50% + 1 of filled regular
member positions of the Board recommending such amendment to City Commission; provided,
however, that the proposed amendment(s) has/have been presented in writing to the Board at
least three (3) days prior to its adoption.
2
B. Prior to any such amendment becom/ng effective, it must first be approved by the
City Commission.
C. These Rules shall be reviewed by the Board not less than every two (2) years.
D. These Rules shall become effective fifteen (15) days following their approval by
City Commission.
These
SULY
Rules are hereby adopted by the Education Bo~x~l..this 17TIL day of
Chair, Education Board
Approved by City Commission this 15'd'dayof '~ ,201
City of Delray Beach, Florida ~_
David W. $chmidt, Mayor
ATTEST:
City Clerk
RULES OF THE CITY OF DELRAY BEACH
EDUCATION BOARD
ARTICLE I - GENERAL GOVERNING RULES:
The Education Board (hereinafter the "Board") shall be governed by the ordinances of the City
of Delray Beach, Florida (hereinafter the "City"), as and if amended, and the Rules of Procedure
hereinafter set forth (hereinafter the "Rules"), as adopted by the Board and approved by the City
Commission.
ARTICLE II - OFFICERS, COMMITTEES:
A. The Board shall elect a Chair, Vice Chair, and Second Vice Chair, annually at its
first regular meeting in the month of September, from among its members, by a majority vote of
its members present and voting.
B. The Chair (or in his/her absence, the Vice Chair or Second Vice Chair) shall
preside at all meetings of the Board and rule on all points of order and procedure.
C. The Chair shall appoint any committees which may be deemed necessary.
D. The StaffLiaison shall act as Recording Secretary. The Recording Secretary shall
take and transcribe the minutes of each meeting o~the Board, conduct all correspondence of the
Board, keep a minute book recording attendance and the vote of each member upon each
question (or, if a member is absent or fails to vote, indicating such fact), maintain records of
examinations and hearings and other official actions, and carry out such other official duties as
may be assigned by the Board.
ARTICLE III- MEETINGS, QUORUM, CONFLICTS:
A. REGULAR MEETINGS: The Board shall conduct its regular meetings every
first and third Monday of each month at 5:30 p.m., unless there is no cause to hold such a
meeting, unless such regular meeting date falls on a holiday as designated by the City of Delray
Beach or with the option of not holding the second meeting of any month as determined by the
chairman. The Recording Secretary of the Board shall notify each Board membrr, not less than
one (1) day prior to any regularly scheduled meeting, of the time and place of each meeting.
B. SPECIAL MEETING: A special meeting ma? .be called by the Chair subject to
compliance with statutory notice provisions..
C. QUORUM: A quorum is required in order to hold a meeting. A quorum shall
consist of 50% + 1 of the appointed regular members of the Board. All findings and orders of
the Board require a vote of the majority of its members present and voting; provided, however,
that not less than 50% + 1 of the regular members of the Board must vote in favor of an action
for the action to be official.
D. PRESENTATION, PERSONAL INTEREST: No member of the Board shall
appear or represent before the Board a person in any matter pending before the Board. No
member of the Board shall hear or vote upon any matter before the Board in which she or he is
directly affected in a financial way. Whenever a member of the Board has a direct personal,
private or personal interest in any matter which comes before the Board, which interest creates a
conflict of interest, that member shall disclose said conflict before discussion and vote and shall,
within fifteen (15) days after the vote occurs, file the proper form with the Board Secretary
pursuant to the provisions of Chapter 112, Florida Statutes.
E. CONDUCT OF MEETINGS: All meetings shall be open to the public, and the
formal agenda posted in the Lobby of City Hall three (3) days prior to each regularly scheduled
meeting. The Chair may, athis or her discretion, change the order of business at any meeting.
F. ADJOLrRNED MEETINGS: The Board may adjourn a regular meeting, if all
business cannot be disposed of on the day set, to a time and date certain; however, notice of the
time and date of postponement shall be given at the time of adjournment and shall not be
changed prior to resumption of the postponed meeting.
ARTICLE IV - SCHOOL LIAISON ASSIGNMENTS:
A. DELRAY BEACH PUBLIC SCHOOLS: Each Education Board member shall
serve as a liaison to a public school located in Delray Beach. Responsibilities of the liaison
include: 1) meet or talk once per month with Principal and/or SAC Chair, 2) discuss
needs/priorities and bring back information to Board for any action, 3) coordinate School
Showdown of the Arts, 4) obtain positive information for public relations, i.e., news releases, and
5) attend school meetings, as may be required.
B. DELRAY BEACH PRIVATE SCHOOLS: Each Education Board member shall
serve as a liaison to .a private school located in Delray Beach. Responsibilities of thc liaison
include: 1) coordinating School Showdown of the Arts and, 2) meet periodically or call to
ret=refine if there are any needs or problems.
ARTICLE V - ABSENCES, RESIGNATION, VACANCIES:
A. ABSENCES: If any regular Board member fails to attend three (3) consecutive
regular meetings, the member's office shall be deemed vacant and the City Commission shall
promptly fill such vacancy. The Board member may appeal the decision and reapply in writing
to the City Commission.
B. RESIGNATION: Except as otherwise provided in Paragraph 1, above, of this
Article V, a Board member may resign from the Board by filing a written statement of
resignation with the Clerk of the City.
C. VACANCY: Vacancies on the Board shall be filled pursuant to Section 32.10 of
the City Code of Ordinances, as amended.
ARTICLE VI - PARLIAMENTARY PROCEDURE:
Roberts Rules of Order shall be the final authority on all questions of parliamentary
procedure.
ARTICLE VII - AMENDMENTS; EFFECTIVE DATE:
A. These Rules may be amended by a concurring vote of 50% + 1 of filled regular
member positions of the Board recommending such amendment to City Commission; provided,
however, that the proposed amendment(s) has/have been presented in writing to the Board at
least three (3) days prior to its adoption.
B. Prior to any such amendment becoming effective, it must first be approved by the
City Commission.
C. These Rules shall be reviewed by the Board not less than every two (2) years.
D. These Rules shall become effective fifteen (15) days following their approval by
City Commission.
These Rules are hereby adopted by the Education Bo~ar.d~this 17TH.~. day
Chair, Education Board ~
Approved by City Commission this /~Ldayof '~ ,201
David W. Schmidt, Mayor
ATTEST:
City Clerk
of
Date: July 1, 2003
Agenda Item No. ~
AGENDA REQUEST
Agenda request to be placed on:
__ Regular __Special Workshop X Consent
When: July 8, 2003
Description of Agenda Item:
Consideration of Amending the Meeting Days of the Delray Beach Education Board
Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature:
City Attomey Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda:t~ / No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDI~M
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~3'3- - REGULAR MEETING OF JULY 8. 2003
CONTRACT ADDITION (C.O. #B/MAN-CON. INC.
DATE: JULY 3, 2003
This is before the City Commission to approve a contract addition (C.O. #1) to the Lift Station #6
Force Main System Improvements Project in the amount of $57,338.15 to Man-Con, Inc. The
contract addition is for the installation of an 8" water main to replace the 2" water main on N.W. 62
Avenue from N.W. 2"4 Street to N.W. 3~ Street.
Funding is available from 442-5178-536-63.50 (Water Mains).
Recommend approval of the contract addition (C.O. #1) with Man-Con, Inc. for the Lift Station #6
Force Main System Improvements Project.
S:\City Clerk\chevelle folder\agenda memos\Contract Addition. Man-Co~7.8.03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D
U M
wwwmydelraybeach, com
TO:
FROM:
DAVID T. HARDEN
City Manager
RAFAEL BALLESTERO
Deputy Director of Construction
SUBJECT: LIFT STATION #6 FORCE MAIN SYSTEM IMPROVEMENTS
PROJECT NUMBER 2003-003
DATE: JUNE 20, 2003
Attached for Commission approval is a request for contract addition approval to Man-Con,
Inc., in the amount of $57,338.15, on the Lift Station #6 Force Main System Improvements
Project, PN 2003-003. It is for the additional water main installation required on NW 6th Avenue,
from NW 2nd Street to NW 3rd Street. This portion of 8" water main was thought to have existed,
however, it was discovered that this block was still serviced from the old 2" water main.
Prices are commensurate with the work to be performed, at the unit prices stated in this contract. A
copy of the tabulation of the contract items and quantities required to perform this work are
attached for your review.
Funding is provided as follows, after budget transfer:
Account # 442-5178-536-63.50, Water Mains.
Richard Hasko, P.E., Director of Environmental Services
Randal Krejcarek, P.E., City Engineer
City Clerk
Project File 03-003 (A)
S:~EngAdmin~Projects~2003~2003 -003\CONSTRCTXCO# l.mancon memo.06.20.03.doc
CHANGE NO.
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
I PROJECT NO. 03-003 DATE:
Lift Station #6 Force Main System Improvements
Johnson-Davis, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
To replace the existing 2" water main with new 8" water main on NW 6t~ Avenue, from NW 2nd Street to NW 34 Street. The cost for
this work is $57,338.15, as per attached tabulation of items and quantities from the contract for this project.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 9.67 %
TOTAL PER CENT INCREASE TO DATE 9.67 %
$592,948.10
$o.oo
$592,948.10
$57,338.15
$650,286.25
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Man-Con, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts:
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
APPROVED:
Environmental Services
ATTEST:
By:
City Manager
City Attorney City Clerk
06/17/2003 03:32 FA:[ 9544278133
Lift Station No. 6 Rahab
]~an-Con Inc
Additional 6" Water Main
[~003
I MOBILIZATION / GENERAL REQUIRE~ 0.00
41,$00.00 $4,000.00
12,$00,0D $t.200;00
4fiO. O0 $0.00
[ ::' .!i::i!i: i~i~i[ :. i 10.00
LS
:~ r:: ·: 1,000.00 $1,000.00
: ::: :;;:::::: F&I WATER MAIN 8-INCH DiP LF
7A F&I RESILIENT SEAT GATE VALVES & 1,00
: 9OXES 5- NCH EA
760,00 $760.00
6-INCH AUXILIARY RESILIENT SEAT O EA : ~:*: ::
::; ! :: ii VALVE AND SOX AND CONN. PIPING, 2,4t6.00 $2,416.00
RESTRAINT FOR WATER MAtNS 4,743;00
~N~. VALm & METER ~X- S~OL ~5~.00 $~,a00.00
.s N WWATER svcs OOM LW, SVO
SADDLE, CORP STOP, PIPING, FITFIN EA
1lc -'&l NEWWATER SVCS COMPL W/SVC 1.00 ....... :
iill SADDLE, CORP STOP. p P NO, F Tr N EA
~,NG. VALVE & METER BX- DBL, ADJA~: [ .: 597.00 $667.00
SADDLE, CORP STOP, PIP NG, F TT N EA
· , , ,,,,, ANG. VALVE & METER BX- DBL OPPO~I~ i:/. . ~ 722.00 $2,'166,00
SERVICES, COMPLETE - SINGLE EA ,,,', ,
Prepared By MFI 61171D3 1
06/17/2003 08:33 FAX 9544278133 Man-Con Inc
. Lift Station No. 6 Rehab Additional 6" Water Main
SERVICES, COMPLETE-DOUBLE FcA
: ,' 23S.00 $940.00
::::: : POINTS, COMPLETE, AS SHOWN ON [~ EA
1.30 $0.00
%: : : 197,222.00 $0.00
:: 31.20 $0.00
18 F&I DUCTILE IRON COMPACT FITTING O.O0
~,~, .SAOT,ON SLOCK,NG OR THRU TON
~: ~:: : = ~ES~.*,NT FOR PORCE MA,.S .7.,.00 ~0.00
2,s2°.oo $0.oo
....... 8-INCH EA :
20B F&I ECCENTRIC PLUG VALVES AND S 0.00
1,612.00 $0.00
.:
SEA,S 2,.o,o.oo $o.oo
~.:. !: :2 :. !:::~:: 3.30 $0.00
: ~::.: 2,72~.00 s0,00
:: ':: °.oo $o,oo
?:: SIDEWALKS, COMPLETE SF ;:; } ."! : : :
:. : : 2.70 $0,00
::: [ PAVED ROADWAY TO FINAL PAVEME EA :
ELEVATION, COMPLETE ~0.00 $0.00
[~] 004
Prepared By MFI 6/17/03 2
06/17/2003 08:34 FAX 9544278133 ~ian-Con Inc
Lift Station No. 6 Rehsb Additional 6" Water Main
: WAY APRONS, COMPLETE - CONCREI SF
:: ~.ts $0.o0
:: ':[ ::::l S¥ :::::::::::::::::::::: ......
': g~
~.o0
VIDEO RECORDING A~OWANCE LS
1,0~.00 $0.00
::::::::::::: : :::: ~:i 1~0~.00 $0,00
[~005
Prepared By MFI 6/17/03 3
Agenda Item No.~-'
AGENDA REQUEST
Date: June 20, 2003
Request to be placed on:
--X--Regular Agenda
Special Agenda
Workshop Agenda
When: July 8, 2003
Description of item (who, what, where, how much):
Attached for Commission approval is an agenda request for Contract Addition #1 to Man-Con, Inc. on the
Lift Station #8 Force Main System Improvements Project, PN 2003-003. It is for the installation of 8" water
main to replace the existing 2" water main, on NW 6~h Avenue, from NW 2nd Street to NW 3'~ Street. This
portion of 8" water main was thought to have existed, however, it was discovered that this block is still
serviced from the old 2" water main. Change order #1 is a net increase in the amount of $57,338.15. A
copy of the tabulation of the contract items and quantities required to perform this work are attached for
your review.
Funding is available from Account # 442-5178-536-63.50, Water Mains, after budget transfer.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recoma~"~s award ~f Change Order #1 to Man-Con, Inc.
Department head signature: ~L_~,~d- ~_~~> ~, - 7..'~--~ ->
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):.
Budget Director Review (re$1u~.ed on ail il;ems inyolv, ing exp~itj, l~e_of, fun~s):
Funding available:(YE~/NO ~,/~
Funding alternative~-(if applic~ibi'e): see above
Account No. & Description
Account Balance
City Manager Review:~
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S: \EngAdmin\Proj ect s \2003\2003-003 \CONSTRCT\AgRegCOlmancon 07.08.03.doc
Memorandum
Community Improvement
Horticulturist
1993
2001
TO:
THROUGH:
FROM:
RE:
DATE:
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
NANCY DAV1LA, HORTICULTURIST
LAKE IDA ROAD - CHANGE ORDER # 1 TO CONTRACT WITH
REED LANDSCAPING, INC. - NET DEDUCTION
JUNE 25, 2003
fl'EM BEFORE THE COMMISSION
The item before the City Commission is the approval of Change Order # 1 to the contract with
Reed Landscaping, Inc. for the installation of irrigation and landscaping for Lake Ida Road,
between Congress Avenue and Military Trail. The Change Order will result in a net deduction to
the contract of $25,244.36.
BACKGROUND
The original landscape specifications called for the removal of all the soil in the medians and
replacing it with a combination of topsoil and recycled organic materials. I was able to have the
county's contractor install clean fill and topsoil in the medians as part of their scope of work,
which allowed the City to delete the cost of these items from the contract with Reed Landscaping.
During the County roadwork, some changes were made to water services into the medians. As a
result an additional end to end median connection was made which allowed the deduction of a
water meter, hydrometer, pressure vacuum breaker and an eight station controller. The water
meter sizes were reduced from 1 ½" to 1" in many locations which resulted in further savings on
the irrigation system.
Once the County Commissioners approve the revised grant agreement which was approved by the
City Commission on June 17, 2003, I will be able to issue the Notice to Proceed to Reed
Landscaping and the irrigation and landscaping will begin.
RECOMMENDATION
Staffrecommends that the City Commission approve Change Order # 1 with Reed Landscaping,
Inc., which results in a net deduction to the Lake Ida Road Beautification Project 2002-020 of
$25,244.36.
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 2002-020 DATE: June 24, 2003__
PROJECT TITLE: Lake Ida Road Beautification - Congress Ave to Military Trail
TO CONTRACTOR: Reed Landscaping, Inc. 951 SW 121 Avenue, Ft. Lauderdale, Fl 33325-3807 (954)476-1426
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/minus quantity adjustments and chang6s per attached Schedule "A". Changes to irrigation system due to median
interconnecfions. Deletions to median and planting bed preparation due to working with county contractor to provide good topsoil in
medians during road construction.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOLrNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER 6.1%
TOTAL PER CENT DECREASE TO DATE .033%
382,845.88 .
N/A
N/A
(25,244.36)
357,601.52
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Reed Landscaping, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source: 119-4151-572-63.20 (-$25,244.36) This bid involved 3 different projects funding soumes. Medians 6 & 7
are funded out of Keep Palm Beach County Beautiful Grant with 50% match from City. Medians 1,2,3,4,5,8 & 9 are
funded from discretionary funding from County Commissioner. This change order results in a deduction of $3,855.00 for
City match in medians 6 & 7, as well as an anticipated reduction of Keep Palm Beach County Beautiful match by
$3,855.00. Results in a reduction of contract amount for medians 1,2,3,4,5,8 & 9 of $17,937.00. Entire PO to Reed can
be reduced by $25,244.36.
Change Order # 1 Reed Landscaping Lake Ida Road
Page 1 of 2
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
By:
CityManager
APPROVED:
City Attorney
ATTEST:
By:
City Clerk
Change Order # l Reed Landscaping Lake Ida Road
Page 2 of 2
Reed Landscaping, Inc.
Lake Ida Road - Change Order Request
Amended: June 24, 2003
Deletions for Medians 1,2,3,4.5,~ & 9:
790 CY - Recycled Organic Malerial ~,3~ $20.00/cy
425 CY - Topmil ~ $16.00/cy
Change SY price on Bcd Prep from $1.10 to .50
i I" Water Metcr
I - 2" Bermad 910 Series Hydrometer
I - 2" Rainbird Pressure Back flow Preventer
1 - Toro 8 Station Scorpio Controller
Delete 18 2" VaNes ~ $225.00 ea.
Add t8 I ~A"Valves(~$195.00ea
Delete 7 - 2" Hydrometers (_a~) $1000.00 ea
Add 7 - 1 ½" Hydrometers (t~ $773 00 ea
Delete 7 2" PVB ~ $380.00 ea
Add 7 - I 'A" PVB (-~ $354.0(I ea
Deletions for Medians 6 & 7
225 CY - Recycled Organic Material (~ $20.00/cy
125 CY - Topsoil (~ $16.00/cy
Change sy price on Bed Prep from $1.10 to .50
Delete 5 - 2" Valves C~ $225 00 ea
Add 5 - I ~" Valves (~ $195.00 ea
Delete I 2" Hydrometer (~ $1000.00 ca
Add I - I V~" Hydrometer (al $773.00 ea
Delete t - 2" PVB ~ $380.00 ea
Add I - I ~" PVB (al $354.00 ea
Changes made to Median # 9
Remove 130 cy and load truck to haul away
Haul Away ~il
130 CY - Clean soil to put back in island (~ $16.00/cy
130 C¥ - Bed Prep
~4 dditions
Add an application of a granular pre-emergem herbicide prior to mulchin~
Add two additional applications of Round-Up to the maintenance (~ $. 105/sf
Total Credit - $25,244.36
-$15,800.00
- $6,800.00
- $2,843.40
$1,940 96
- $1,000.00
$380.00
-~4,020.00
(-$32,78436)
- $4,050.00
+$3,510.00
$7,000 00
+$5,411.00
- $2,660.00
+$2,478-00
(-$2~H.00)
$4,500.00
-$2,000.00
- $_807.oo
-$1,125.00
+ $975.00
-$1,000.00
+ $773.00
$380.00
+ $354.00
(-$403.00)
+$1,000.00
+ $520.00
+$2,08(I.00
~ $143.00
+$3,743.00
+$1,195.00
+$12,~23.00
+$13~18.00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
C/TY MANAGER
AGENDA ITEM# "~"' - REGULARMEETINGOFJULY8,2003
SERVICE AUTHORIZATION # 5/CAULFIELD & WHEELER, INC.
DATE: JULY 3, 2003
This is before the City Commission to approve Service Authorization # 5 with Caulfield & Wheeler,
Inc. in the amount of $24,525.00 for the S.W. 1s~ Street/S.W. yd Street and S.W. 6~h Avenue?KW. yd
Avenue water main improvement topographic survey.
Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal & Replacement Fund/Water
Recommend approval of Service Authorization # 5 with Caulfield & Wheeler, Inc. for the topographic
survey for S.W. 1st Street/S.W. 3~d Street and S.W. 6~ Avenue/S.W. 3"~ Avenue.
S:\City (~erkkchevelle folder\agenda memos\SenticeAuth.# 5Caulfiekt & Wheeler.?.8.03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
THROUGH:
FROM:
SUBJECT:
DATE:
www. mydelraybeach.com
DAVID T. HARDEN, CITY MANAGER
RANDAL KREJCAREK, P.E. CITY ENGINEER p~--~
ELSA RlSCO, ENGINEER
Project No. 2003-052
SW IsT & SW 3RD STREET / SW 6TM & SW 3RD AVENUE
JULY 8TM, 2003
Attached is the agenda item for Commission approval/authorization for the Mayor to
execute the service authorization number 5 to CAULFIELD & WHEELER, INC. in the
amount of $24,525.00. The survey of the above-mentioned project is for water main
improvements in the South West Area.
Funding is available from account # 442-5178-536-63.50.
Site maps have been enclosed for your use.
If acceptable, please place this item on the July 8th, 2003 Commission meeting for
Commission approval.
Attachment
CC:
Randal Krejcarek,' P.E. City Engineer
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
S.'lEngAdminIProjects1200312003-O5210FFlC1ALMGENDAMEMO. doc
EXHIBIT A
CITY OF DELRAY BEACH
CONSULTING SERVICES AUTHORIZATION
DATE: May 27, 2003
SERVICE AUTHORIZATION NO.
CITY P.O. NO.
PROJECT NO.:
C&W Proposal %05-03-020
FOR CONSULTING SERVICES
CITY EXPENSE CODE ~- ~
(Caulfield & Wheeler, Inc.)
TITLE: S.W. IsT & SW 3~ STREET / SW 6~ & 3~ AVENUE
This Service Authorization, when executed, shall be incorporated
in and shall become an integral part of the ContracT, dated May
27, 2003, between the City of Delray Beach and Caulfield &
Wheeler, Inc.
I. PROJECT DESCRIPTION
Prepare a Topographic Route Survey of the Right-of-Way for..
the following streets: ~
S.W. 3r~ Street - From S.W. 8=n Avenue to S.W.
S.W. 6~n Avenue - From S.W. 2n~ Street to S.W.
S.W. 3rd Avenue - From S.W. 1~ Street to S.W.
3~ Aven~e
4tn Street
4=n Street
II. SCOPE OF SERVICES
Survey shall include the following:
Platted rights-of-way
for centerlines), lot
numbers (if available)
(including bearing and distances
numbers, block numbers, house
and dedicated easements.'
o
Ail improvements, physical
significant landscape (i.e.
right-of-way.
objects, driveways, and
trees, shrubs) within the
Ail underground utilities· Inverts on sanitary and
storm sewers shall be indicated, as well as, locations
of water valves and meters. Coordination with the
Sunshine SSate Call One Center for location of other
underground utilities shall be the surveyor's
responsibility.
Ail topographical surveys shall have
established from south to north and west to
applicable.
stationing
east where
o
Elevations shall be indicated every 100 feet, at a
minimum, to indicate centerline grades, edge of
pavement grades, and shoulder grades. Intermediate
grades shall be indicated at all grade breaks,
driveways, and sidewalks. Two grades (one at the
right-of-way line and one 15 feet back) shall be
indicated on the driveways to indicate direction of
grade).
Survey shall include topography of the complete
intersection, 50' beyond radius returns, at the
terminal end of each street.
III. BUDGET ESTIMATE OF SERVICES
Compensation for services described herein shall be as
follows:
Field Survey Crew:
120 hrs, @ $100.00/hr ........................... $12,000.00,.--
Professional Land Surveyor (Prep. & review of work)
24 hrs. @ $100.00/hr ............................ $ 2,40q/0~
Office/Cadd Technician:
~135 hrs. @ $75.00/hr ............................ $10~125.00
Total ........ $24,525.00
IV,. COMPLETION DATE
Time frame to complete the work for this Service
Authorization will be seven (7) weeks from the approved date
of this Service Authorization.
Approved by:
CONSULTANT:
CITY OF DELRAY BEACH:
CAULFIELD & WHEELER,.INC.
Date:
Mayor
Attest
Date: ~03
By:
David P. Lind!ey, P.L.S.,
Director of Surveying
(Seal)
Approved as to Legal
Sufficiency and Form
Attest:
BEFORE ME, the foregoing
instrument, this 27th day of
May, 2003, was acknowledged
by David P. Lindley,
on behalf of the Corporation
and said person executed the same
free and voluntarily for the
purpose there-in expressed.
Witness my hand and seal in the
County and State aforesaid this
27tn day of May, 2,003. .
Notary Public ~c~, ,~: ~ J'
State of Florid~ - /
My Commission Expires: ~ ./-~ ~
.,,~&~,,. B~i Anne ~e~
ATLANTIC AVENUE
I
~ S.W. 2ND CT
z
'~ ~ S.W. 2ND
~t
~~ ~ ~~ S,W. 6TH & S.W. 3RD AVE,
~ ~ ~~A~Y~~ Proj. ~ 2003-052 1 of 1
I II
I I'
Agenda Item No.~L'~
AGENDA REQUEST
Request to be placed on:
Date: June 30th, 2003
X
Regular Agenda
Special Agenda
Workshop Agenda
When: July 8t~, 2003
Description of item (who, what, where, how much): Commission approval/authorization for
Mayor to execute service authorization number #5 to CAULFIELD & WHEELER, INC. in the
amount of $24,525.00 for SW 1st & 3rd Street / SW 6th & SW 3rd Avenue Water Main
Improvement Topo.qraphic Survey, Proiect 2003-052. The Service Authorization is subject to
review and approval of the City Attorney. Total cost for this Service Authorization is $24,525.00.
Fundin.q is available from account # 442-5178-538-63.50
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval/authorization of Service Authorization ~ to
CAULFIELD & WHEELER, INC~
Department head signature
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Review (re~ed on all,items ir~vqlving expenditure
Budget Direct°r :;~naabl~veYs(~NO~'/~Funding
Funding '
Account No. & Description 442-5178-536-63.50
Account Balance $
City Manager Review:
Approved for agenda: (~NO
Hold Until:
of funds):
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: S:\EngAdmin\Projects~003~003-052\LETTERS\agenda-07.08.03.doc
.(if applicable)
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY GOlVIMISSIONERS
CITY MANAGER ~}~]/}/]
AGENDAITEM # "~ -REGULARMEETINGOF~ULY 8, 2003
DELRAY BEACH HOUSING AUTHORITY
DATE: JULY 3, 2003
This is before the Commission to consider approval of the agreement between the City of Delray
Beach and the Delray Beach Homing Authority for SEEDTECH Technology for the period of
October 1, 2002 through September 30, 2003. The Delray Beach Housing Authority implements
and manages the administration of the SEEDTECH Technology Cemer.
SEEDTECH is an initiative created in partnership with the Executive Office of Weed and Seed and
the National Urban Technology Center to provide Weed and Seed communities with the 21~
Century resources needed to empower them. The SEEDTECH Technology Cemer is housed at the
Carver Estates Housing Complex. The Program Administrator and Community Trainers work with
the National Urban Technology Center for on-going technical support and assure optimal use of the
SEEDTE CH Facility by the community members.
The City will allocate this Weed and Seed funding to assist the Delray Beach Housing Authority with
program administration. The Delray Beach Housing Authority will follow the SEEDTECH Gta~
for Gat/ngStarced to implement and administer the program.
Recommend approval of the agreement with DelrayBeach Housing Authority.
S:\City Clerk\agenda memos\chevelte folder\Dekay Beach Housing. Agmt.7.8.03
MelTIO
To;
From:
Date:
Re:
David Harden, Delray Beach City Manager
Sharon L'Herrou, Weed & Seed Program Manag~'~
July 2, 2003
Seed Tech cont~
Enclosed please find an agreement for Funding and Acceptance of Funds between the City
of Delray Beach and Delray Beach Housing Authority for SEEDTECH Technology for the
period of October 1, 2002 - September 30, 2003. This agreement is a continuation of the
SEEDTECH initiative which began April 1, 2002.
Weed & Seed in Delray Beach was established to serve as an additional resource to existing
programs and services and to assist with facilitating partnerships and resource development.
The grant funds received from the U.S. Department of Justice, Executive Office for Weed &
Seed were received to support initiatives such as this. The allocation of these funds is an
eligible use of these grant funds has been approved by the Executive Office for Weed &
Seed.
SEEDTEOH is an innovative program to provide technological skills to youth, unemployed
and underemployed adults and small businesses in the communities; and works to prepare
community members for full participation in the information age and the 21st century job
market. The Delray Beach Housing Authority will utilize the SEEDTECH program model, a
copyright of the UTC (Urban Technology Center), and follow its Guidebook to Getting Started
to implement and administer the program.
cc with encs:
Chevelle Nubin
David Junghans
Lt. Robert Musco
AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
BETWEEN THE CITY OF DELRAY BEACH
AND
DELRAY BEACH HOUSING AUTHORITY
FY2002-2003 (October 1, 2002 - September 30, 2003)
THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this
day of ,2003, between the City of Delray Beach, hereinafter referred
to as "City" and Delray Beach Housing Authority, hereinafter referred to as ~AGENCY', having its principal
office located at 141 S. W. 12th Avenue, Delray Beach, Florida, is related to the prevision, as per the budget
approval by the City Commission on , 2003. and retroactively effective
October 1, 2002 throu.qh September 30, 2003, of $50,000 in Department of Justice, Executive Office for
Weed and Seed (DOJ/EOWS) funds upon the following terms and conditions:
The awarded EOWS funds are allocated as follows:
$50,000 to implement and administer the SEEDTECH Technology Center program at
Carver Estates Housing Complex (see attached Budget Attachment ~C") from October 1,
2002, through September 30, 2003.
1. Definitions:
"City" means the City of Delray Beach, Flodda
"DO J" means U.S. Department of Justice
"EOWS" means Executive Office for Weed and Seed
"W&S" means Weed and Seed
"The Agency' means Delray Beach Housing Authority
IUTC" means National Urban Technology Center
Purpose of Work:
The purpose of this agreement is to state the covenants and conditions under which AGENCY will
implement the agreed upon scope of work supported by the allocation of federal DOJ/EOWS funds.
The Agency will implement and administer the SEEDTECH Technology Center herein referred to
as SEEDTECH at the Carver Estates Housing Complex. SEEDTECH is an initiative created in
partnership with the EOWS and the UTC to provide Weed and Seed communities with the essential
21st century resource needed to empower communities. The City will allocate funding to assist the
Agency with program start-up and administration. The Agency shall follow the SEEDTECH
Guidebook for Getting Started, a copyright of UTC, to implement and administer the SEEDTECH
program (Attachment IA").
The awarded funds shall be used to administer the SEEDTECH program, including the hiring of a
Program Administrator and Community Trainers who will be responsible for on-going
implementation of the SEEDTECH program and technical support of the installed hardware and
software; and assure optimal use of the SEEDTECH facility by community members. The Scope of
Service in Attachment "B" outlines the specific deliverables. The beneficiaries of a project funded
under this agreement must provide services within the federally designated Weed and Seed target
area, which has its boundaries, 1-95 .to the West, Swinton Avenue to the East, Lake Ida Road to
the Nodh and Linton Blvd to the South and shall not be limited to the Housing Authority residents.
The Agency shall, in a satisfactory and proper manner as determined by the City, perform the
tasks necessary to implement and administer the SEEDTECH program outlined in this agreement
and submit monthly requests for reimbursement of approved expenses outlined in Attachment "C",
provided hereto and made a part hereof. Reimbursement requests should accompany all monthly
programs repods as outlined in Attachment "B".
The City agrees to disburse payments upon the receipt of each required "request for
reimbursement", and receipt of all monthly reports and necessary data (as determined by the City),
covering the month for which reimbursement is requested. Disbursements will be available no
later than the first working day of each month, commencing on ~zas~: ]_. 2003 and
continuing through September 30, 2003.
All services shall be performed in a manner satisfactory to the City. The funding shall not exceed
the Commission approved dollar amount of $50,000 for the period of October 1, 2002 through
September 30, 2003. All release of funds shall further be in accordance with all sections of this
agreement and subject to the approval of the City.
Time of Performance:
The effective date of this agreement and all rights and duties designated hereunder are
contingent upon the timely release of funds for this particular project. The effective date shall be
the date of execution of this Agreement, or the date of release of funds from the DOJ/EOWS,
whichever is later. The services of AGENCY shall commence upon the effective date of this
Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2002
will be processed. All service required hereunder shall be completed by AGENCY by September
30, 2003.
Subcontracts:
Any work or services subcontracted hereunder shall be specifically by written contract, or written
agreement, and shall be subject to each provision of this agreement. Proper documentation in
accordance with City, State, and Federal guidelines and regulations must be submitted by the
Agency to the City and approved by the City prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None
of the work or services covered by this agreement, including but not limited to consultant work or
services, shall be subcontracted or reimbursed without the prior written approval of the City.
Records and Reports:
The Agency agrees to provide the City monthly programmatic progress reports that outlines the
SEEDTECH program activities, progress made, and number of participants served, number of
classes offered, utilization rate per class, volunteers/partners recruited, and problems encountered
and proposed solutions. These reports must be submitted to the City within 15 days following the
end of each calendar month covered by this agreement. Reimbursement payments will not be
released without the submission of the required monthly (completed and accurate) report to the
City, and on the resolution of monitoring or audit findings identified.
The City shall have the right under this agreement to suspend or terminate payments until Agency
complies with any additional conditions that may be imposed by the City or DOJ/EOWS.
The Agency agrees to retain supporting documentation relating to the activities funded hereunder
and related service provisions (activities) for a period of three (3) years, dating from October 1,
2003.
Program-Generated Income:
All income earned by Agency from activities financed by DOJ/EOWS funds must be reported to
the City. In addition to reporting such income, Agency shall report to the City the procedure
developed to utilize program income to offset project costs. If program income is used to extend
the availability of services provided by the Agency through this agreement, the prior written
approval of the City will be required. Accounting and disbursement of program income shall be
consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations
incorporated herein by reference.
Other Program Requirements (Civil Rights/Resident Opportunities):
The Agency agrees that no person shall on the grounds of race, color, mental or physical disability,
national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination
under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of
such discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, Iow-income residents of the project areas shall be given
oppodunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project target area shall
be awarded contracts in connection with the project.
Evaluation and Monitoring:
The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through
in-house and site visitation evaluations) as determined necessary by the City and that the
continuation of this agreement is dependent upon satisfactory evaluation conclusions based on the
terms of this agreement and comparisons of planned versus actual progress relating to project
scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon
request to the City and/or DOJ/EOWS copies of transcriptions of such records and information as
is determined necessary by the City. The Agency shall submit (on a monthly basis) and at other
times upon the request of the City, information and status reports required by the City, and/or
DOJ/EOWS on forms approved by City to enable evaluation of said progress and to allow for
completion of repods as required of the City by DOJ. Agency shall allow the City or DOJ/EOWS to
monitor Agency on site (at least annually). Such visits may be scheduled in advance or
unscheduled as determined by the City and DOJ/EOWS.
Audits and Inspections:
At any time during normal business hours and as often as the the City, DOJ/EOWS, or the
Comptroller General of the United States may deem necessary, there shall be made available by
Agency to the City, DOJ/EOWS or the Comptroller General for examination all its records with
respect to all matters covered by this agreement. The Agency agrees to comply with the provisions
10.
11.
12.
of the Single Audit Act of 1984, as amended, as it pedains to this agreement. The City will require
AGENCY to submit a single audit, including any management letter, made in accordance with the
general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable
regulations with 180 days after the end of any fiscal year covered by this agreement in which
Federal Funds from all sources are expended. A Certified Public Accountant of AGENCY
choosing, subject to the City's approval shall make the audit. In the event AGENCY is exempt
from having an audit conducted under A-133, the City reserves the right to require submission of
audited financial statements and/or to conduct a "limited scope audit" of AGENCY as defined by A-
133.
Increased Availability:
The intent and purpose of this agreement is to increase the availability of the Agency services to
the community. This agreement is not to substitute for or replace existing or planned projects or
activities of the Agency. The Agency agrees to maintain a level of activities and expenditures,
planned or existing, for projects similar to those being assisted under this agreement, which is not
less than that level existing prior to this agreement.
Conflict of Interest Provision:
The Agency agrees to abide by and be governed by OMB Cimular A-110 pursuant to conflict of
interest. The Agency further covenants that no person who presently exemises any functions or
responsibilities in connection with the funded projects, has any personal financial interest, direct or
indirect, in the activities provided under this Agreement which would conflict in any manner or
degree with the performance of this agreement and that no person having any conflict of interest
shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part
of the Agency or its employees shall be disclosed in writing to the City, however, that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirements that maximum opportunity be provided for employment of and participation of lower-
income residents of the project target area.
Suspension and Termination:
If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR
85.43) in a timely or proper manner its obligations under this agreement, or if the Agency shall
violate any of the covenants, agreements, or stipulations of this agreement, the City shall
thereupon have the right to terminate this agreement or suspend payment in whole or part by
giving written notice to AGENCY of such termination or suspension of payment and specify the
effective date of termination or suspension.
At any time during the term of this agreement, either party may, at its option and for any reason,
terminate this agreement upon ten (10) working days written notice to the other party. Upon
termination, the City shall pay the sub-recipient Agency for services rendered pursuant to this
agreement through and including the date of termination. The agreement may be terminated for
convenience in accordance with 24CF 85.44.
In the event the grant to the City under Title I of the Omnibus Crime Control and Safe Streets Acts
of 1968, 42 U.S.C. 3701, et. seq., as amended is suspended or terminated; this agreement shall
be suspended or terminated effective on the date U. S. DOJ specifies.
13.
14.
15.
16.
17.
18.
Leveraging:
AGENCY agrees to seek additional supportive or replacement funding from at least five other
funding sources (during the time frame covered by this agreement). This will allow, to the greatest
extent possible, the leveraging of U. S. DOJ funds. Proposals to other agencies will be made in
writing and a copy of such provided to the City.
Independent Contractor:
AGENCY agrees that, in all matters relating to this agreement, it will be acting as an independent
contractor and that its employees are not City of Delray Beach employees and are not subject to
the City provisions of the law applicable to City employees relative to employment compensation
and employee benefits.
Public Entity Crimes:
By entering into this contract or performing any work in fudherance hereof, the contractor (sub-
recipient Agency) certifies that it, its affiliates, suppliers, subcontractors, and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within 36 months immediately preceding the date
hereof. F. S. 287.133(3) (a) requires this notice.
Reversion of Assets:
Upon expiration of this agreement, the sub-recipient shall transfer to the City any Weed and Seed
funds on hand at the time of expiration and any accounts receivable attributable to the use of Weed
and Seed funds, Additionally, where applicable, any real property under the sub-recipient's control
that was acquired or improved in whole or in part with Weed and Seed funds in excess of $25,000
must be used to meet one of the national objectives of the Weed and Seed Program (per 24CFR
Part 570) until five years after expiration of the agreement,
Counterparts of the Agreement:
This agreement contains all of the parties binding representation to one another. Any amendment
or modification hereto must be in writing and is contingent upon approval by the City.
Hold Harmless and Indemnification Clause:
The Delray Beach Housing Authority hereby agrees to promise to indemnify and hold harmless the
"City" and its officers, agents, servants, or employees from and against any and all liability, claims,
demands, damages, expenses (including attorney's fees), fees, cost, fines, penalties, suits,
proceedings, actions and causes of action of any kind and nature arising from, or in any way
connected with, the giving of said funds.
WITNESSES:
Agency/Sub-recipien~~ Signed By:
5
CITY OF DELRAY BEACH, FLORIDA
Signed By:
ATTEST:
CITY CLERK
CITY ATTORNEY
TO:
THRU:
FROM:
SUBJECT:
DA~LD~_VI . HARDG,~i~~., CI MANAGER
P R~N R OF PLANNING & ZONING
SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST
MEETING OF JULY 8, 2003 - REGULAR AGENDA
APPROVE PAYMENT TO REINO PARKING SYSTEMS, INC. FOR
THE PURCHASE OF THE EXISTING MULTI-SPACE PARKING
METER SYSTEM
In November of 2001 the City entered into an agreement with Reino Parking
Systems, Inc. to begin a pilot program utilizing multi-space parking meters in the
Gleason Lot. In March of 2002 this program was extended to Atlantic Avenue east of
the Intracoastal Waterway (ICW). The program was further expanded to the Atlantic
Dunes Lot, south side, to compare the utilization of the multi-space metering to the
old single head meters.
Each test area underwent a trial period with the meter equipment being leased for 60
days at a rate of $.70 per space per day. Currently a total of 114 spaces are being
controlled by 12 multi-space meters. The agreements called for a credit towards the
purchase of the meters if and when the full conversion was done at the end of the
pilot program. The conversion of all single head meters to a multi-space metedng
system which was scheduled for fiscal year 2003 /2004 has been tentatively
rescheduled for F/Y '04/'05 and may be postponed further. Given the postponement
payment for the use of the equipment beyond the 60 day trial periods is required.
Reino Parking Systems offered several long term lease/purchase options for the City
to consider (attached). After reviewing the options offered, Staff felt that the direct
purchase of the existing equipment in the amount of $54,613.52, including credit of
$4,704.00 for the pilot program leases, eliminating interest payments, was in the best
interest of the City.
Funding for the payment of the meters is available through account
115.1802.512.64.90
By motion, approve payment in the amount of $54,613.52 to Reino Parking Systems,
Inc. for the purchase of the existing Multi-Space Parking Meter System.
Attached:
El Trial Schedules
[~ Itemized Invoice .~
r~ Schedule of Lease Options w/Breakdown
0 0
0
0 0
0 0
c~ c~
E E E
°~°i
Reino Parking Systems, Inc.
4723 Tidewater Ave Ste C
Oak and, CA 94601
Invoice
Invoice #: 00000345
Bill To: Ship To:
City of Delray Beach
100 North West First Ave.
Attn: Scott Aronson
Delray Beach, FL 33444
City of Delray Beach
434 S. Swinton Avenue
Attn: Mark Cline
Delray Beach, FL 33444
SALESPERSON YOUR NO. SHIPVIA COIPPE SHIP DATE TERMS DATE PG.
Roger Van Atst - SE Region Net 30 11/22/2002 1
QTY. ITEM # DESCRIPTION PRICE UNIT DISC % EXTENDED TX.
PRICE
1 My Item # Reino- 4 Bay ~ 2,982.00 1 $2,982.00
4 Reino - 5 Bay ! 3,150.00 I $12,600.00
2 Reino - 7 Bay ! 3,486.00 1 $6,972.00
I Reino - 8 Bay ~ 3,654.00 1 $3,654.00
4 Reino - 20 Bay ~ 4,490.00 Each $17,960.00
12 Battery - Reino $79.25 1 $951.00
Greencell- 15
12 Lock Cover $85.00 1 $1,020.00
Assembly
7 Enforcer $225.00 I $1,575.00
Assembl), - 6 Row
12 Automatic Coin $221.00 1 $2,652.00
Reject Mech.
1 Field $320.25 1 $320.25
Programming
Module
12 Intelligent $299.25 1 $3,591.00
Cashbox
Assembly
1 Cash Box Reader $892.50 1 $892.501
- RSV1
1 Cash Box CD $1,848.00 1 $1,848.00 !
software
1 Infra-red ID Key $351.75 I $351.75
3 License for Audit $425.00 $1,275.00
Software
-1 Misc adjusting $4,740,00 ($4,740.00
item
9 Subterranean $78.78 1 $709.02
installation kit
SALE AMOUNT $54,613.52
FREIGHT $0.00
SALES TAX $0.00
TOTAL $54,613~52
PAl ~1~t~,~ $54,613.52
BALANCE DUE $0.00
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~V~ 1
SUBJECT: AGENDA ITEM # %{~) - REGUI.AR MEETING OF JULY 8. 2003
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JULY 3, 2003
Attached is the Report of Appealable Land Use Items for the period June 16, 2003 through July 3,
2003. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Comrmssion.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\chevelle folder\agenda memos\apagmem.7.8.03
TO:
THRU:
FROM:
SUBJECT:
DAV,~D)T. HARDEN, CITY MANAGER
PAUL DORLING, DIRECTOR OF PLANNING AND ZONING
OASMIN AELEN, PLANNER
MEETING OF JULY 8, 2003 *CONSENTAGENDA*
REPORT OF APPEALABLE LAND USE ITEMS JUNE 16, 2003 THRU
JULY 3, 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 June 16, 2003 through July 3,
2003.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting,
the appeal period shall expire (unless the 10 day minimum has not occurred). Section
2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears
appeals of actions taken by an approving Board. It also provides that the City
Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
A. Approved (6 to 0, Mark Krall absent), the master development plan for Bexley
Park, a proposed 264-unit traditional neighborhood development, consisting of
101 detached single family homes, 82 townhomes and 81 villas, located north of
the L-31 Canal, between Military Trail and Barwick Road. Concurrently the Board
granted the following waivers and internal adjustments:
City Commission Documentation
Appealable Items Meeting of July 8, 2003
Page 2
Internal Adjustments for the Multiple Family Components:
Triplexes:
· Reduced the front setbacks for all triplex units from 30' to a minimum of 7.5 feet
(porch portion);
· Reduced the side street setbacks from 25' to 15' for all the triplex units within
the PC (Planned Commercial);
· Reduced the separation between units from 25' to 15' for all triplex units in the
PC section and 25' to 20' in all triplex units in the northwest portion of the site.
Townhouses:
Reduced the side street setback from 30' to 15' for units 68-72 and 59-63,30'
to 28' for units 64-67, 30' to 17' for units 55-58, 30' to 15' for units 174-179,
and 30' to 20' for units 180-185;
Reduced the separation between buildings from 30' to 10' between each
townhouse units in the PC section (southwestern portion of the project) and
from 30'-15' for townhouse units at the northwest portion of the project (except
two most eastern townhouse rows were no reduction is necessary).
· Reduced the front setback from 30' to 10' for all townhouse units.
Internal Adjustments for the Zero Lot Line Components:
Reduced the front yard setbacks from 20' to 10 minimum main structure, 5'
minimum for pomh (provided that that there is a minimum variation of 2' and
a maximum variation of 4' between the fronts of the adjacent units);
· Reduced the side interior setbacks (non-zero side) from 15' to 10' for ail
lots;
· Reduced the side street setbacks from 15' to 10' for unit 104.
General Internal Adjustments:
Reduced the required combined depth of 42' were parking abuts the alley
system from 42' to 41' for all triplex and townhouse units except the units
which are on the north perimeter of the PDR section and north, west and south
perimeters of the PC portion of the site were a reduction from 42' to 40' is
requested.
City Commission Documentation
Appealable Items Meeting of July 8, 2003
Page 3
Waiver:
· Recommended to the City Commission approval of a reduced pavement width
of the streets from 24' to 20' with a 2' valley gutter on each side.
No other appealable items were considered by the Planning and Zoning Board. The
following items will be forwarded to the City Commission for action:
Recommended approval (6 to 0) of a conditional use request in conjunction with
the master development plan application to allow the construction of 72 multi-
family units (townhomes and villas) within the PC (Planned Commercial) portion of
the Bexley Park Development, located at the northeast corner of the L-31 Canal
and Military Trail.
Recommended approval (6 to 0), of a City initiated amendment to the Land
Development Regulations Section 5.3.5 to provide for the establishment of a Public
Arts Program.
· Recommended approval (6 to 0), of a City initiated amendment to the Land
Development Regulations Section 4.6.9(E)(3)(d) regarding payment of in-lieu fees.
· Recommended approval (5 to 0, Sowards stepped down), the initiation of
Comprehensive Plan Amendment 2003-2
1. Approved (6 to 0, Deborah Dowd absent), a Class I site plan modification associated
with the installation of a canopy for Decorating Center, an existing commercial
building located on the east side of NE 6th Avenue (northbound Federal Highway),
north of NE 5th Street (541 NE 6th Avenue).
2. Approved (6 to 0), a Class I site plan modification associated with the installation of
new windows for an existing industrial building 1215 Wallace Drive, located on the
east side of Wallace Drive, approximately 1,300 feet north of Linton Boulevard.
3. Approved (6 to 0), a Class II site plan modification associated with the construction
of a 576 square foot screened addition to an existing pavilion/kitchen for Colony
Cabana Club, located on the east side if State Road A-1-A at its intersection with
Linton Boulevard.
4. Approved (6 to 0), a Class II site plan modification and landscape plan associated
with the construction of a 458 space bullpen parking area for Maroone Dodge, an
existing automobile dealership, located at the northwest corner of Linton Boulevard
and SW 10th Avenue. Concurrently, the Board eliminated the required six foot high
masonry wall separating the proposed bullpen parking area from the adjacent
residential zoning district to the east.
City Commission Documentation
Appealable items Meeting of July 8, 2003
Page 4
5. Approved (6 to 0), a Class II site plan modification, landscape plan and architectural
elevation plan associated with the redevelopment of the Tri-Rail Station and the
associated 159 space parking lot at the South County Administrative Complex,
located on the east side of Congress Avenue south of Atlantic Avenue (345 South
Congress Avenue).
6. Approved (6 to 0), the landscape plan and architectural elevations associated with
the construction of twenty (20), three-story fee simple townhomes for Porta-AI-
Mare, located on the west side of NE 6th Avenue (northbound Federal Highway),
approximately 100 feet south of NE 2nd Street. The site plan was previously
approved by the Board.
7. Approved (6 to 0), a Class IV site plan modification, landscape plan and building
elevations associated with the construction of 4,304 sq, ft. building addition for
Orange Royal, an existing commercial building located at the northwest corner of
South Federal Highway and the C-15 Canal. Concurrently, the Board granted the
following waiver:
· Reduced the required 20' stacking distance from Federal Highway to the first
cross aisle or parking space to 10 feet.
8. Approved (5 to 0, Gary Eliopoulos stepped down), a Class V site plan, landscape
plan and architectural elevation plan for Gulfstream Business Bank, a proposed
9,765 square foot bank and professional office building, located at the southeast
corner of SE 5th Avenue (southbound Federal Highway) and SE 9th Street.
Concurrently, the Board granted the following waivers:
· Reduced the site visibility triangles at the southeast corner of the intersection of
SE 5th Avenue and SE 9th Street from 40' to 25'.
· Reduced the stacking distance from the first point of transaction for one drive-
thru lane and the ATM drive-thru lane from 100' to 84' and 74' respectively.
X. Approved (7 to 0), a request for a Certificate of Appropriateness to allow the
installation of free standing sign for the Sundy Inn, located at the southwest corner
of Swinton Avenue and SW 1s~ Street (106 South Swinton Avenue).
No other appealable items were considered by the Board. The Board however considered
the following item.
Reviewed the Designation Report for a contributing 1937 "Seam" frame vernacular style
residence known as the Amelung House for listing in the Local Register of Historic
Places and on a 7 to 0 vote set a public hearing date of July 2, 2003. The historic
house is currently located at 1125 Vista Del Mar and is proposed to be relocated to 106
NE 12th Street.
City Commission Documentation
Appealable Items Meeting of July 8, 2003
Page 5
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
~ '-'T L
~ k2jl._.~-
ii ~ LAKE IDA ROA
LAKE IDA ROA
P&Z $.P.R.A.B.
A. BEXLEY PARK 1. DECORATING CENTER
2. 1215 WALLACE DRIVE ....... CITYuMrrs .......
H.P.B, 3. COLONY CABANA CLUB
X. SUNDY INN 4. MAROONE DODGE ONE MILE
5. TRI-RAIL I
6. PORTA AL MARE GRAPHIC SCALE
7. ORANGE ROYAL
8. GULFSTREAMBUSINESSBANK CIT¥OFDELRAYBEACH, FL
PLANNING & ZONING DEPARTMENT
FEBRUARY2003
MEMORANDUM
TO:
FROIv~
SUBJECT:
MAYOR AND CITY GOMMISSIONERS
(lIT/MANAGER ~
AGENDA ITEM # '~'~ - REGULAR MEETING OF JULY 8, 2003 AWARD OF
BIDS AND CONTRACTS
DATE: JULY 3, 2003
This is before the City Commission to approve the award of the following bids:
Contract award to FiberCat Networking in an amount not to exceed $28,654.81 for
repairs to the City's wireless systems. Funding is available from 001-1811-513-64.11 and
334-6112-519-64.11 (Computer Equipment).
Purchase award to Exeter Architectural Products in the amount of $49,736.39 for fort~
one (41) hurricane shutters for the second floor of Police Depa~ment Headquarters.
Funding is available from 334-6111-519-62.10 (General Construction Fund/Buildings).
Contract renewal with Red Wing Shoe Store for the purchase of safety footwear for Gty
Employees via the Palm Beach County Bid # 01-078/CC at an estimated annual cost of
$21,961.00. Funding is available from various departments' operating expense budgets.
Purchase award to Office Depot at an estimated annual cost of $205,000.00 via the
Florida Atlantic University RFP # 03S-407 for offices supplies. Funding is available from
various depaxtments' operating budgets.
Purchase avtard to Water Treatment & Controls Company in the amount of $15,885.00
for an 8,500 gallon Ferric Chloride Storage Tank for the Water Treatment Plant.
Funding is available from 441-5161-536-63.90 (Other Improvements).
Bid award to Knight Electric Company, Inc. in the amount of $26,750.00 for the
replacement of marina pedestals. Funding is available from 426-4311-575-63.90 (City
Marina Fund/Other Improvements).
Bid award to Harry Maxime Landscaping at an estimated annual cost of $19,046.00 for
the landscape maintenance of George Bush Boulevard/N.E. 8· Street and West Atlantic
Avenue. Funding is avai!able from 119-4144-572-46.40 (Beautification Trust
Fund/Maintenance).
Recommend approval of the above bids and purchases.
S ~Cky Clerk\chevelle folder~agenda memo~Bid Memo.7.8.03
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
DATE:
Jackie Rooney
Purchasing Manager
Guy Buzzelli .~
MIS Manager
Josep M.
Director of Financ~j~ '
Repairs to City's Wireless Systems
June 12, 2003
The City's current wireless systems to its remote sites (i.e., Fire Stations, Ocean Rescue, various
other Parks and Recreation sites, etc.) are inadequate and not providing reliable, uninterrupted
service and connection to the City's AS/400 and Networks. Some of these remote sites am
frequently down for a good portion of the day. This is due, in part, to the technology used, poor
installation and/or choice of installation sites for the wireless antennas.
In an effort to correct this connectivity problem and improve the service pmvidad to these remote
sites, we will need to make mpaim to the City's current wireless systems to include different
technology, relocating of some of the antennas, and installation of new antennas, etc.
We have obtained three quotations for these repairs which are as follows:
Neteam:
FiberCat Networking:
Wireless Broadband, Inc.:
$35,069.75
$28,654.81
$27,927.70
We would recommend contracting with FiberCat Networking. Although not the Iow bid, FiberCat
has done most of the current widng in the City (they did NOT do the initial installation of the City's
wireless systems). They have a proven track record of excellent and efficient service with the
City. Their quote is only $727.11 higher than the Iow bid.
Funding is available as follows:
001-1811-513-64.11:
334-6112-519-64.11:
$14,410.00
$14,244.81
/sem
Wimle~ Broadband, Inc.
6247 Shadow Tree Lane - Lake Worth, FL 33463 -
Phone: (5611477-5228 - Fax: (425) 969-3898 - Email: ecadet~'bic.net
Sold To: City of Delray
Gaetano Buzzelli
100 N.W. 1st Avenue
Delmy Beach, FL 33444
USA
Phone: (561)243-7149
Fax: (561) 243-7166
Ship To: City of Delray
QUOTE
Date Quote #
03~24~03 AAAQ1007
Gaetano Buzzelli
100 N.W. 1st Avenue
Delray Beach, FL 33444
USA
Phone: (561) 243-7149
Fax: (561) 243-7166
Qty : Description
Ln#
1 1 YDI BCU, Bandwidth Control Unit
2 6 5.7 GHz Access Point
3 I Cluster Management Module
4 7 5.7 GHz Subscriber Module
5 8 Surge Suppressor
6 8 110VAC Single XCVR Power Suppiy
7 150 (150 ft) of RG58 Iow loss cable
8 2 Connector N type, male
9 1 Ethernet Cat 5e 1000ft SlXX)l
10 1 Mounting po~es, nuts, bolts, brackets
11 1
12 I
Equipment installation (at tower location and remote sites)
Demo User
P.O. Number
Unit Price Ext. Price
$2,619.75 $2,619.75
$~,149.75 $6,898.50
$2,304.75 $2,304.75
$624.75 $4,373.25
$42.00 $336.00
$10.50 $84.00
$0.59 $88.5O
$6.6O $13.20
$309.75 $309.75
$2,100.00 $2,100.00
$6,800.00 $8,800.00
SubTotal $27,927.70
Sales Tax $0.00
Shipping $0.00
Total $27,927.70
03125/03 17:01:20 ~1 Page I
FiberCat Networking
VOICE & DATA CABLING
963 Lake Wyman Rd. · Boca Raton, FL 33431 · (561) 395-2006
June 9, 2003
The following is a composite list of all the buildings involved in this proposal.
Water Treatment Administration Building
200 S. Swinton
Fire Station #3
651 Linton Blvd.
Fire Station #2
35 Andrews Ave.
Marine Safety Headquarters
400 S. Ocean Blvd.
Teen Center
505 S.E. 5th Avenue
Pompey Park Rec. Center
1101 N.W. 2na Street
Veterans Park & Rec. Center
$11,556.25
$2,325.00
$3,638.56
$3,870.00
$2,575.00
$2,605.00
$2,085.00
TOTAL $28,654.81
Date: June 9, 2003
Submitted to:
State of FL license # ES0000273
PROPOSAL
Proposal #567
Revision 3
Work to be performed at:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Attention: Gaetano Buzzelli
Water Treatment Complex
Administration Building (3 story)
434 S. Swinton
Delray Beach
We hereby propose to perform the labor necessary for the completion of:
Provide & Install:
1 - 1008 CK - Motorola Canopy Cluster Management Module (mounted in cabinet near reception
area, close to fiber feed to City Hall)
300' - Category 5 outdoor rated cable
400' - #10 gauge stranded ground wire
1 - 6' ground rod placed below grade
4 - 5200 AP - Access Point modules
1 - Cat 53 patch cord (1-meter) for Ethernet switch connection
2 - Rigid antenna tower sections (8')
1 - Parapet tower base mounting
1 - 300 SS Surge Protector
All work will be done in accordance with EIA/-I'IA standards and will be completed in a substantial
workmanlike manner. Any alterations or deviation from the above specifications, involving extra
costs, will become an extra charge over and above the estimate.
Proposed cost: $11,156.25
Acceptance: Please sign and fax back to us at 561-750-6036.
The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payments will be made as outlined above.
Signature Date
Date: June 9, 2003
Submitted to:
State of FL license # ES0000273
PROPOSAL
proposal #564
Revision 2
Work to be performed at:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Attention: Gaetano Buzzelli
Fire Station #3
651 Linton Blvd.
Delray Beach
We hereby propose to perform the labor necessary for the completion of:
Provide & Install:
1 - 5200SM - Motorola Canopy Subscriber Module
1 - 300SS - Motorola Surge Suppressor
1 - Subscriber Module mounting bracket
300' - Category 5 outdoor rated cable (routed to closet near Cisco Aironet equipment)
150' - #10 gauge stranded ground wire
1 - 6' ground rod placed below grade
use existing tower
All work will be done in accordance with EIA/TIA standards and will be completed in a substantial
workmanlike manner. Any alterations or deviation from the above specifications, involving extra
costs, will become an extra charge over and above the estimate.
Proposed cost: $ 2,325.00
Acceptance: Please sign and fax back to us at 561-750-6036.
The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payments will be made as outlined above.
Signature Date
Date: June 9, 2003
Submitted to:
State of FL license # ES0000273
PROPOSAL
Work to be performed at:
Proposal ~568
Revision 2
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33~.~.~
Attention: Gaetano Buzzelli
Fire Station #2
35 Andrews Avenue
Delray Beach
We hereby propose to perform the labor necessary for the completion of:
Provide & Install:
1 - 5200 SM Motorola Canopy Subscriber
1 - Subscriber module mounting bracket
300' - Category 5 outdoor rated cable
400' - #10 gauge stranded ground wire
1 - 6' ground rod placed below grade
2 - Rigid antenna tower sections (8')
1 - Parapet tower base mounting
1 - 300 SS Surge Protector
250' - Antenna guy wire
All work will be done in accordance with EIA/TIA standards and will be completed in a substantial
workmanlike manner. Any alterations or deviation from the above specifications, involving extra
costs, will become an extra charge over and above the estimate.
Propoaed cost: $ 3;638.56
Acceptance: Please sign and fax back to us at 561-750-6036.
The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payments will be rrtade as outlined above.
Signature Date
Date: June 9, 2003
Submitted to:
State of FL license # ES0000273
PROPOSAL
Work to be performed at:
Proposal #561
Revision 1
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33~?.~.
Attention: Gaetano Buzzelli
Marine Safety Headquarters
Anchor Park
400 S. Ocean Blvd.
Delray Beach
We hereby propose to perform the labor necessary for the completion of:
Provide & Install:
1 - 5200SM - Motorola Canopy Subscriber Module
1 - 300SS - Motorola Surge Suppressor
1 - Subscriber Module mounting bracket
200' - Category 5 outdoor rated cable (routed to rack in closet, south side)
150' -#10 gauge stranded ground wire
1 - 6' ground rod placed below grade
4 - sections of rigid antenna tower
500' of guy wire plus anchors
1 - base mount for tower
coni:rete footer to be poured ~to code) for base
All work will be done in accordance with EIA/TIA standards and will be completed in a substantial
workmanlike manner. Any alterations or deviation from the above specifications, involving extra
costs, will become an extra charge over and above the estimate.
Proposed cost: $ 3,870.00
Acceptance: Please sign and fax back to us at 561-750-6036.
The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payments will be made as outlined above.
Signature Date
Date: June 9, 2003
Submitted to:
State of FL license # ES0000273
PROPOSAL
Proposal #560
Revision 1
Work to be performed at:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33~?.d
Attention: Gaetano Buzzelli
Teen Center
505 $.E. 5th Avenue
Delray Beach
We hereby propose to perform the labor necessary for the completion of:
Provide & Install:
1 - 5200SM - Motorola Canopy Subscriber Module
1 - 300SS - Motorola Surge Suppressor
1 -Subscriber Module mounting bracket
200' - Category 5 outdoor rated cable (routed to Cisco Aironet Unit closet, south side)
150' - #10 gauge stranded ground wire
1 - 6' ground rod placed below grade
2 - sections of rigid antenna tower
1 - 5' section of antenna tower
1 - Parapet tower base mounting
300' - Antenna (~uv wire
All work will be done in accordance with EIA/TIA standards and will be completed in a substantial
workmanlike manner. Any alterations or deviation from the above specifications, involving extra
costs, will become an extra charge over and above the estimate.
Proposed cost: $ 2,575.00
Acceptance: Please sign and fax back to us at 561-750-6036.
The above prices, specifications, and conditions ara satisfactory and are hereby accepted. You ara
authorized to do the work as specified. Payments will be made as outlined above.
Signature Date
Date: June 9, 2003
Submitted to:
State of FL license # ES0000273
PROPOSAL
Work to be performed at:
Proposal #559
Revision I
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Attention: Gaetano Buzzelli
Pompey Park Recreation Center
1101 N.W. 2na Street
Delray Beach
We hereby propose to perform the labor necessary for the completion of:
Provide & Install:
1 - 5200SM - Motorola Canopy Subscriber Module
1 - 300SS - Motorola Surge Suppressor
1 - Subscriber Module mounting bracket
300' - Category 5 outdoor rated cable (routed to rack in maintenance room)
300' - #10 gauge stranded ground wire
1 - 6' ground rod placed below grade
1 - 10' section of antenna tower
I - 5' section of antenna tower
1 - Parapet mounting
All work will be done in accordance with EIA/TIA standards and will be completed in a substantial
workmanlike manner. Any alterations or deviation from the above specifications, involving extra
costs, will become an extra charge over and above the estimate.
Proposed cost: $ 2,605.00
Acceptance: Please sign and fax back to us at 561-750-6036.
The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payments will be made as outlined above.
Signature Date
Date: June 9, 2003
Submitted to:
State of FL license # ES0000273
PROPOSAL
Proposal #558
Revision 1
Work to be performed at:
City of Delray Beach
100 N .W. 1st Avenue
Delray Beach, FL 33~.~.~.
Attention: Gaetano Buzzelli
Veterans Park & Recreation Center
802 N.E. 1st Street
Delray Beach
We hereby propose to perform the labor necessary for the completion of:
Provide & Install:
1 - 5200SM - Motorola Canopy Subscriber Module
1 - 300SS - Motorola Surge Suppressor
1 - Subscriber Module mounting bracket
200' - Category 5 outdoor rated cable
275'-#10 gauge stranded ground wire
1 - 6' ground rod placed below grade
All work will be done in accordance with EIA/TIA standards and will be completed in a substantial
workmanlike manner. Any alterations or deviation from the above specifications, involving extra
costs, will become an extra charge over and above the estimate.
Proposed cost: $ 2,085.00
Acceptance: Please sign and fax back to us at 561-750-6036.
The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payments will be made as outlined above.
Signature Date
NET--/-P. AM
NeTeam Netwm'ks Pricing Proposal - ESTIMATE ONLY
ploject No. I Name:
Cuatomer Name:
Customer Contact:
NeTeam Sales Rap:
NeTeam Account Manager:
NeTeam Mgt. Approval:
NeTeam Florida SPURSJk F341706109-00t
NeTeam Florida SNAPS Agreement ~. 99127681
CIly of Oelmy
Hmdwere
5.2 GHz Subscriber Module
5.2 GHz Access Point
5.7 Gltz ~ackhaul Kit with Reflector
5.7 GHz 20 Mbps Backhmd IOt with Reflector
Cluster IVlana~nott Module
Surge Suppressor
Ref~m~ Hardware Kit
Universal Mount~g Bracket
Ca~ory 5 Cable Te~ter (Only I'~r US ~hlpment)
Canopy Authentication Server Software CD (Good for a single Processor
Server) (F.~dmated Av~lab~ty November, 2002)
Canopy Autbe~tfication Server Software License per AP radio (Order rote
license per AP) (Estimated AvaJ]abiEty November, 2002)
C~nopy Sales Overview Courseware
Canopy Technlcul Overview Courseware
Cmtopy User Guides
5200SM
5200AP
5700BHRF
5700BHRF20
10fiSCK
3008S
27RD
SMMBI
CTCATS.-01
ALrI~SVR00
1, CD
438
846
1,058
1,526
1,866
34
128
21
128
850
E~timamd Expenmm
Total Quote (does not Include applicable shipping charges and/re' sales tax)
11
5
2
1
11
1
2
1
1
AUTHSVRAP 85 6
CPY001-CD 251 1
CPY002-CD 336 1
CPY003-CD 13 2
4,815
4,229
2,117
0
1,866
374
128
43
128
850
510
251
336
26
16,67o
35,069.75
FINAL PRICINGWILL BE BASED ON INFORMATION OBTAINED FROM THE SITE SURVEY
AppmvedByC~-,~ Signamre
Request to be placed on:
x Consent Agenda
When: 06-t7-03
Description of agenda item:
AGENDA REQUEST
Date: 06-12-03
Special Agenda
Workshop Agenda
Approval to contract with FiberCat Networking to make
repairs to City's wireless systems, to improve connectivity to the City's remote sites, at a cost not
to exceed $28,654.81. See attached memorandum
Funding is available as follows: 001-1811-513-64.11 ($14,410.00) and 334-6112-519-64.11
($14,244.81).
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES NO X
YES NO
Recommendation: Approval is recommended by Finance Director and MIS Manager.
Determination of Consistency with C/~rehensive Plan:- N----~//~' ~
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Yes X
Funding alternatives (if applicable):
Account Number:
001-1811-513-64.11
334-6112-519-64.11
Computer Eqpt
Account Description:
Account Balance:
001-1811-513-64.11 ($14,212.12)
334-6112-519-64.11(~570-70~)
City Manager Review:
Approved for Agenda: ~ ~
Agenda Coordinator Review: ~' ' ~ ~
No
Received:
Action: Approved: Disapproved:
p.O ii
PUBLIC WORKS
MEMORANDUM
To.'
From:
David T. Harden, City Manager
Richard C. Olson, Interim Director of Public Works
Date: June 25, 2003
Subject
CITY COMMISSION MEETING JULY 8~ 2003
BID AWARD - HURRICANE SHUTTERS FOR
POLICE HEADQUARTERS
Action
City Commission is requested to approve the purchase and installation of 41 hurricane
shutters from Exeter Architectural Products in the amount of $49,736.39.
Background
The Police Headquarters building houses the City's communication system, which is
used to dispatch emergency fire and police services to the City of Delray Beach. The
building is presently protected during a hurricane by panel shutters, which need to be
installed manually prior to a storm. The second floor windows require a bucket track or
lift to install the shutters. This process is very labor intense and hazardous. The Storm
Shield Hurricane Barriers are permanently affixed to the building and would not need to
be taken down after a hurricane. This is the same system that is found on City Hall.
Public Works will be purchasing the shutters from Exeter Architectural Products under
Snaps Agreement 1502177-2.
Recommendation
Staff recommends the purchase of 41 storm shield hurricane barriers from Exeter
Architectural Products in the mount of $49,736.39.
Funding is available from the FY 02/03 budget account code 334-6111-519-62.10.
File/u/fischer/agendastormshutterspd.doe
Exeter Architectural Products
ProJect:
Location:
243 West Eighth St., Wyoming, PA 18644
800.972.2478 FAX 570.693.2575
Storm Shield Hurricane Barrier Quote Proposal
DELRAY BEACH POLICE DEPARTMENT
Re[ No. ZZ0806023-10
Date: 6/26/2003
Attn:
Customer:
JAMES SCHMITZ
BUILDING MAINTENANCE SUPERVISOR
CITY OF DBLRAY BEACH
434 S. SWINTON AVENUE
DEL,RAYBEACH, FL 33444
Phone: 561-243-7339
Fax: 561-243-7314
~411 oPeNers PROT~-CTEO WIT. "STORM S--~C. ~CA~Z
Notes: - Storm Shield Hunicanc Bm'tier System
-Pricc does not include any Florida state or local taxes or permits
- for terms sec ]a,~t sheet
Material Totals
Mounting Tubes
Installation
Engineering
Forming & Assembly
Packing & Freight
Total
Alternate Add for Custom Color
$22,352.46
$4,976.22
$18,196.92
$1,500.00
$1,220.00
$1,490.79
$49,736.39
$5,965.44
Pattern: Invisi-Perf #2
14 Ga. Thickness
Frame Color: Clcal'
Perf. Color: Black St~ede
Orishtatad by: ~' 'lt'
Date:
AGENDA REQUEST
Request to be placed on:
N Consent Agenda Regular Agenda
When: 7/8/2003
Description of agenda item (who, what, where, how much):
Bid award hurricane shutters for Police Fteadquartcrs
__Workshop Agenda
__ Special Agenda
Depathnent Head
Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available:--Y(Y~ / No Imrials:
Account Nmmber 33/4-6111-519-62.10
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda(~?~ /
Hold Until:
Agenda Coordinator Review:
Received:
No Initials:
(if applicable)
lV/ MO
mv IIF IIEU
PURCHASING DIVISION
TO:
David Harden, City Manager
FROM:
THROUGH:
DATE:
Patsy Nadal, Buyer
Joseph Safford,~}ce Director
June 18, 2003
SUBJECT:
DOCUMENTATION-CITY COMMISSION MEETING
JULY 8, 2003-CONTRACT RENEWAL-SAFETY FOOTWEAR
PURCHASE VIA PALM BEACH COUNTY BID/RFQ#: 01-078/CC
Item Before Commission:
City Commission is requested to approve the contract renewal with Red Wing Shoe
Company for purchase of safety footwear for City Employees at an estimated cost of
$21,961.00 via Palm Beach County BidlRFQ~ 01-078/CC.
Background:
The City of Delray Beach is currently utilizing Palm Beach County's Bid/RFQ# 01-078/CC
for the purchase of safety footwear. This contract was awarded in 2001 for a term of one
(1) year with an option for renewal of two (2) additional twelve-month periods. This is the
second renewal on this contract.
The vendor has agreed to extend to the City of Delray Beach the terms and prices of the
Palm Beach County Bid/RFQ# 01-078CC. Sea attached letter dated 06-16-2003.
Recommendation:
Purchasing recommends the one (1) year renewal with Red Wing Shoe Company for the
purchase of safety footwear via Palm Beach County's BidlRFQ# 01-078/CC, at as
estimated annual cost of $21,961.00. Funding from vadous departments operating
budgets.
Attachments: PBC Renewal of Bid/RFQ 01-078/CC
Memo from Red Wing Shoe Company
cc: Jackie Rooney, Purchasing Manager~'~I~
06/16/2003 12:13 56i-47i-0344 RED WING SHOES PAGE 02
06/16/2003
To the City of Dekay Beach, FL.
The Red Wing Shoe Store will honor the terms and prices of the Palm Beach County
Safety Footwear bid #01078 to the City of Delray Beach, FL.
If you have any questions, contract Michael Cooneay; manager at: (561) 471-0382
Manager
INDEPENDENTLY OWNED & OPERATED 2505 G OKFF-CHOBEE BLVD WEST PALM BEACH, FL 33409
PHONE: 561-471-0382 FAX: 561-687-].544 E-MAIL: SHoEM^NRWOAOL.COM WEBSITE: WWW.REDWlNG.IRISHSETTER.COM
AGENDA ITEM NUMBER: ~),~
AGENDA REQUEST
Request to be placed on: July 8, 2003
X Consent Agenda Special Agenda
Date: June 18, 2003
__ Workshop Agenda
Description of agenda item:
City Commission is requested to approve the contract renewal with Red Wing Shoo Company for
purchase of safety footwear for City Employees at an estimated cost of $21,961.00 via Palm Beach
County Bid/RFQ# 01-078/CC.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached YES
NO X
NO
Recommenda~ion:
Purchasing recommends the one (1) year renewal with Red Wing Shoo Company for the purchase
of safety footwear via Palm Beach County Bid/RFQ# 01-078/CC, at an estimated annual cost of
$21,961.00.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Funding available:
Funding alternatives:
Account Number:
Account Description:
Budget Director Review (required on all items involving expendltore of funds):
(if applicable)
Account Balance:
City Manager Review:
Approved for agenda~
Hold Until:
No
Agenda CoordinetorRevie~.
Received:
Action: Approved Disapproved
MEMORANDUM
TO:
FROM:
THROUGH:
David Harden, City Manager
Jacklyn Rooney, Purchasing Manager
Joseph Saffor~nce Director
DATE:
June 30, 2003
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
JULY 08, 2003 - CONTRACT AWARD - PURCHASE
OF OFFICE SUPPLIES VIA FLORIDA ATLANTIC
UNIVERSITY AGREEMENT #OP-E064 WITH OFFICE DEPOT
Item Before Commission:
City Commission is requested to approve the award to Office Depot for the purchase and
delivery of office supplies via the Florida Atlantic University Agreement #OP-E064 for an
estimated annual cost of $205,000.
Background:
The City of Delray Beach is currently utilizing the Florida Atlantic University Agreement #OP
A80 for the purchase of office supplies as required by using departments at a 55% discount off
list price. This contract was awarded on April 18, 2000 by Delray Beach City Commission for
the term of one year with the option for a two (2) year renewal. This contract has now expired
and Florida Atlantic University has awarded a new proposal (#RFP 03S-407) as a dual award to
Corporate Express and Office Depot per attached Memo dated April 15, 2003. Each vendor
offered an established (%) offmanufacturer's list.
Three (3) vendors responded to the FAU Request For Proposal. These proposals were evaluated
by a five (5) member committee chosen by Florida Atlantic University. Attached is a breakdown
of each criteria evaluated and points assigned by each of the five (5) review members.
Purchasing has met with Corporate Express and Office Depot in reference to this award. Each
vendor offers the 24 hour desk top delivery and orders may be enter electronically to the vendor
using our Purchasing Visa Card program. Each vendor offers on site training to employees for
ordering electronically.
Corporate Express has submitted an additional incentive to the City of Delray Beach which
would be an opportunity to receive "one month's worth of office supplies free". This is based on
a five month average of expenditures and the 6th and 12th month of each year the City of Delray
would received a half month credit for the average of these five months. See attached established
(%) discount off manufacturers list discount and memo from Corporate Express dated May 22,
2003. (The average monthly expenditures for the City of Delray is approximately $16,000 per
month. Therefore the City would receive $8,000 of office supplies free the 6th and 12th month of
each year.)
Office Depot has submitted a letter dated June 24, 2003, listing their established (%) discount off
manufacturers list discount per their memo dated May 12, 2003, and memo dated June 24, 2003.
Office Depots also attached to their memo a listing based on an average of high usage items for
the period of six (6) months, January 2003 to June 2003 for the City of Delray Beach. Office
Depot listed their trait price for each item ordered versus the unit price from Corporate Express.
The results reflect a difference of over $24,000 per year using Office Depot prices versus
Corporate Express prices. Office Depot also listed the government entities in which they already
have existing agreements within Palm Beach and Broward County.
Based on the total of the point system by the FAU evaluation committee, Office Depot received
the most points in each category listed and overall total points, and the cost of high usage item
breakdown, it would be advantageous for the City to award to Office Depot for pumhase of office
supplies. To have a dual award, would cause much confusion among the departments as to which
vendor to order what items from and the City would be having two companies delivering office
supplies to each office.
Office Depot is our current vendor, their headquarters is located on Congress and Linton Blvd.,
and they have a store located on Military Trail and Atlantic Ave. The City employees can go into
this store and pick up their purchases (if needed ASAP) and also look at merchandise (office
chairs, file cabinets, various office supplies, etc.) and use their Visa Purchasing Card for these
pumhases which also reflects our discount. Term of contract via the Florida Atlantic University
proposal is for three (3) years, May 01, 2003 to April 30th, 2006 with two (2) twenty-four (24)
month periods possible renewals for a total of seven (7) years.
Recommendation:
Purchasing staff recommends the award to Office Depot for the purchase and delivery of office
products via the Florida Atlantic University RFP #03S-407 at an estimated annual cost of
$205,000. Funding from the various departments operating budgets.
Attachments:
Florida Atlantic University Award Letter
FAU Evaluation Committee Review of Proposals Breakdown
Memo from Corporate Express
Memo from Office Depot
BUSINESS SERVICES
(561)297-3298
SunCom: 238-3298
Fax: (561) 297-3030
E-MaiD: SPALAClO@FAU.EDU
FLORIDA ATLANTIC UNIVERSITY
777 GLADES ROAD
BOCA RATON, FLORIDA 33431-0991
MEMORANDUM
TO:
FROM:
RE:
DATE:
Ed Schiff
Director of Purchasing
Sergio M. Palaci~.z.///~--~--~-~--'
Director
Recommendation of Award for RFP 03S-407
April 15, 2003
Based on the written responses, oral presentations and subsequent written responses to
additional questions raised by the evaluation committee we recommend that RFP 03S-407
OFFICE SUPPLIES, DESKTOP DELIVERY be awarded jointly to the two companies that
received the most cumulative points.
Th~ two companies were Office Depot and Corporate Express. Copies of the individual
evaluation sheets and cassettes from the presentations are enclosed.
Thank you for your assistance in this process.
Cc: Dr. Connie Foley
Sean Cunningham
Boc~ l~ton · Fort l~Klcrdalc · Davit · Palm Bcnch Gardens. For~ Pierce
A Mcmbcr of thc $=~e Univc rsity System of Florida
An Equal Oppommity/Equal Acc¢ ss/~rm~J~ Action Emplo~r
0
C~
.~1
0'~
0
._o
May12,2003
O.f*.f2ce
Business Services Division
Jackie Rooney
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Attn Jackie Rooney:
This letter explains the Agreement (Agreement No. OP E64) entered into on April 25th,
2003 between Florida Atlantic University, acting for and on behalf of the Florida Atlantic
University Board of Trustees, a public corporation of the State of Florida and Office
Depot, Inc., a Delaware corporation, with corporate offices at 2200 Old Germantown
Road, Delray Beach, FL 33445 as it applies to the City of Delray Beach.
The terms of the agreement that will apply to the City of Delray Beach are as follows:
· Office supplies will be delivered to all City of Delray Beach locations by Office
Depot
· Agreement with Florida Atlantic University has been issues as of May 1, 2003
and will extend through April 30th, 2006 with two (2) twenty-four (24) month
periods possible renewals after the initial contract
· The established discount offmanufacturer's list is as follows:
Writing Instrument s 55 %
Misc. Consumables 55%
Binders, Dividers, Organizers 55%
Storage items 55%
Folders 55%
Writing Pads 55%
Envelopes 55%
Labels/Adhesives Tape/Stamps 55%
Boards 55%
Misc. Packing Supplies 55%
A copy of the complete agreement will be forwarded to Jackie Rooney, at the Purchasing
Division with the City of Delray Beach (100 NW 1st Ave, Delray Beach, Florida).
Sincerely,
Rick Kapp
District Sales Manger,
Office Depot Inc.
13794 NW 4th Street · Suite 200 · Sunrise, FL 33325 · (800) 815-7221 · Fax: (954) 846-1233
June 24, 2003
Jackie Rooney
City of Dekay Beach
100 NW 1st Avenue
Delray Beach, FL
Attn Jackie Rooney:
This letter extends the Agreement (Agreement No. OP E64) entered into on April 25*,
2003 between Florida Atlantic University, acting for and on behalf of the Florida Atlantic
University Board of Trustees, a public corporation of the State of Florida and Office
Depot, Inc., a Delaware corporation, with corporate offices at 2200 Old Germantown
Road, Delray Beach, FL 33445 to the City of Delray Beach.
We did an analysis of your usage using the FAU pricing schedule for both Office Depot
and Corporate Express. The time period we used was January 2003 to June 23, 2003. As
you will see on the attached spreadsheet, Office Depot saves you over $12,000 in just this
short period. Annualize this, and you will see a significant savings of over $24,000 per
year.
Our commitment to our customers is unmatched and our track record proves this point.
We have agreements with almost every city in the Palm Beach County - Broward area.
Besides our longstanding record with the City of Delray, we have great partnerships with
the City of Boynton Beach, the City of West Palm Beach, the City of Deerfield Beach,
the City of Coral Springs, the City of Hallandale, Palm Beach County, the school board
of Palm Beach County, Southeast Florida Governmental Purchasing Cooperative, the
Broward County School Board and of course our partnership with FAU and FIU. (Just to
name a few) We are looking forward to continuing our wonderful partnership with the
City of Delray and sincerely thank you for your business.
The terms of the agreement that will apply to the City of Delmy Beach are as follows:
· Office supplies will be delivered to all City of Delray Beach locations by Office
Depot
· Agreement with Florida Atlantic University has been issues as of May 1, 2003
and will extend through April 30', 2006 with two (2) twenty-four (24) month
periods possible renewals after the initial contract
· The established discount off manufacturer's list is as follows:
Writing Instruments 55%
Misc. Consumables 55%
Binders, Dividers, Organizers 55%
Storage items 55%
Folders 55%
Writing Pads 55%
Envelopes 55%
Labels/Adhesives Tape/Stamps 55%
Boards 55%
Misc. Packing Supplies 55%
Please do not hesitate to let me know if you have any questions, would like some
references or need anything else. Either I, Julia Mendez or Larry Williams will be happy
to assist you in any way we can.
Sincerely,
Rick Kapp
District Sales Manger,
Office Depot Inc.
0
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*C o porate
Express'
A Buhrrnann Company
May 22, 2003
Ms. Jacldyn Rooney
Purchasing Manager
City of Delray Beach
100 NW First Avenue
DelrayBeach, Florida 33444
Corporate Express, Inc.
South Florida Division
18000 State Road 9
Miami, FL 33162
Telephone
800-543-4700 ext. 6441
Fax
305-999-6607
e-mail
brandon.miller@cexp.com
Website
CorporateExpress.com
Dear Jacldyn:
Corporate Express has collaborated with the Florida Atlantic University Business/Financial Services and
Purchasing Group in designing an office products program guaranteed to save your organization money
fi.om what you are currently spending today on this product category.
In reference to our Proposal that was submitted and accepted (Proposal #03s-407), it was indicated that
this new agreement could also be used by The City of Delray Beach. I have assigned to your
organization one of my most knowledgeable Sales Professionals, Lorraine D'Angelo. Below I have
highlighted the key components related to the services and pricing that we guarantee as part of our
program:
1. Dedicated Sales Professional
2. Local Customer Service
3. Free, Next Day Business Delivery via a Corporate Express owned delivery vehicle
4. Award winning, easy to use Electronic Ordering site called EWAY
5. Fast, Reliable, Courteous Service...Guaranteed ....
6. Discounts off our 2003 Corporate Express Sourcebook fi.om 55 to 60% off manufactarers list
7. Lastly, if I can get a commitment from the City of Delray to be your primary provider of Office
Products, I will offer your organization a Free Month's woffia of Office Products. (See
attachment for details)
Corporate Express is committed to earning your business and will go the extra mile to do so. If
given the oppommity, The City of Delmy Beach will experience why Corporate Express is the
world's largest Business-to-Business provider of Office Supplies and business essential products in
the world. We prepare the world for business everyday with the largest product selection and local,
fi.iendly customer service.
Please contact me directly at 305.999.6441 to discuss this opportunity or if you have any questions
related to this proposal or offer. I appreciate your time and look forward to your call.
Sincerely, ~
Brandon A. Miller
Divisional Sales Vice President
Corporate Express has offered comparable or more aggressive
discounts to The City of Delray Beach as compared to other approved
Office Products vendor for the Florida Atlantic University. Listed
below are the discounts Corporate Express has offered to you based on
the different product categories. You will find your net price when ordering
via our Internet Ordering Tool, eWay.
Category: Product Description: Discount Off Mfg's
List
Cate~lory I All Writin~l Instruments 55%
Miscellaneous Consumables
- Liquid correction fluid, fasteners, paper
clips, tacks, clamps, rubber bands,
Category II scissors, glue, rubber cement, 55%
flags/signals/page markers, marker
board cleaner, staples, staplers, etc.
Category III Binders / Dividers / Organizers 60%
Storage Items to include:
- Permafile, Banker Box, File Boxes,
Category IV Stor-all, Data Binder storage boxes, 55%
Bins, etc, Crates, card file, file folder
pocket, etc
Catecjory V All Folder Cate~lories 55%
All Writing Pad to include:
Category VI - Notepads, Legal, Memo, Message, 60%
Steno, Invoice Calendars, Organizers,
Planners, Index Cards / Dividers, etc
Envelopes to include:
Category VII - White Wove Business, and Security 60%
Clasp Envelopes, Catalog Envelopes,
Manila / Kraft, etc.
Category VIII Labels / Adhesive Tape / Stamps 60%
Boards to include:
Category IX - Marker board, Dry-Erase, Cork, 55%
Bulletin, Memo Boards, Easels, etc
Miscellaneous Packing supplies to
include:
Category X - Mailing packages, tubes, envelopes, 55%
shipping boxes, bubble mailer,
expansion envelopes, etc.
ONE MONTH'S WORTH OF OFFICE SUPPLIES FREE!!*
Here's your chance to find out why Corporate Express is the
world leader in business-to-business office products AND
get a free month's worth of office supplies for doing it!
Prepar~n~e
In Addition to your 55 - 60% Discount, check out
these additional savinRs!!!
8.5 X 11 COPY PAPER (CEP851'1) $'19.99
Xerox Copy Paper
HP 92298A Toner Cartridge
HP C4127X Toner Cartridge
HP 51626A Print Cartridge
O.Corporate
xpress'
$28.99
$115.00
$23.99
Preparing the world for business
18000 State Road 9
Miami, FL 33162
305.651.3838
*Free office supplies will be applied as a half-month's credit in your 6· and 12~ month of ordering from Co.mate Express. A 5 month average of your
expenditures will be applied in those months. For instance, if you buy $5000 worth of office supplies in your first 5 months, you will receive a $500
credit. ($5000/5 months=$1000 * Y: month5 $500). The other half month would be applied in month 12. If you bought $10,000 in months 7-11, you
would receive a $1000 credit. ($10,000/5 months=S2000 * ~ month = $1000). In this exaraple you would have received a total of $1500 free office
supplies! ($500 in first 6 months plus $1000 in s~eond 6 months). Offer valid only for new Corporate Express customers and cannot be combined with
any other offer, and must use the free office supplies program. Minimum average expenditures must be $1000/month to qualify, and you must order for
at least six months.
AGENDA REQUEST
Request to be placed on: July 08, 2003
Date: July 01, 2003
XX Consent Agenda
__ Special Agenda
Workshop Agenda
Description of agenda item:
Approve award to Office Depot for the purchase of offices supplies via the Florida Atlantic
University RFP #03S-407 at an estimated annual cost of $205,000.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve award to Office Depot for the purchase of office supplies via the Florida Atlantic
University RFP #03S-407 at an estimated annual cost of $205,000.
Funding from various departments operating budget.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items, igvolving expenditure of funds):
Funding available: Yes ~"~---~ ~o
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
No
Disapproved
_ (if applicable)
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 Public,,~rffF~ties
June 30, 2003
Purchase of 8500 Gallon Ferric Chloride Storage Tank
Attached is an Agenda Request along with a tabulation of quotes for purchase and installation of
an 8500 gallon ferric chloride storage tank at the Water Treatment Plant. As you are aware we
have experienced a great deal of success using ferric chloride as an additive for enhanced
coagulation. Based upon the test results over the past year we intend to implement ferric chloride
as a permanent element of the treatment process. Three local vendors provided quotes for the tank
based on specifications provided by the Water Treatment Plant. Water Treatment & Controls
Company is the lowest responsive vendor. The quote from Water Treatment & Controls Company
is for $15,885.00 and will be funded from Account # 441-5161-536-63.90, Other Improvements.
Please place the item on the July 8, 2003 Agenda for consideration by City Commission.
CC:
Richard C. Hasko, P.E., Director of Environmental Services
John Bullard, WTP Manager
City Clerk
Agenda File
U:\wwdata~Memo\City Manager\03June30-Water Treatment & Control Co..doc
~une 2, 2003
John Bullmd
City of D~lmy B~ach WIT
434 South Swinton Ave
Delray Beach, FL 33~'!.'!-
561-243-7317-Phone
$61-243-73 t6-Fax
RE: PolyProcessing Quote # 060203-MR-A
Dear Joh~
Thank you for allowing us to provide you with a quotation for a 8,500 gallon
PolyProcessing HDXLPE Vertical Tank with singlc IMFO outlet for your consideration.
TANK
I EA 8,500VERT IMFO 1.90 SPO XLPE NAT 10,330.00
I EA CVR ASMBLY 24" MWY-HINGED 505.00
1 EA WEIOHT F/24" MWY CVR SS 115.00
DRAIN
2 EA CMPN FLO FTO 4' THRD PVC/TITANIUM/EPDM 590.00
KILL
I EA BLTD FLO Fro 2" THRD PVCflTrANIUM/EPDM 155.00
VENT
! EA BLTD FLO FTO 6" SCKT PVC/TFfANIUM/EPDM 410.00
LADDER
l EA LADDER 16' STANDARD MILD STEEL, BLUE 730.00
I EA LADDER ATTACH BRKT ASMBLY 470.00
RESTRAINT SYSTEM
130 MPH WIND RATED RESTRAINT SYSTEM 645.00
ULTRASONIC LEVEL INDICATOR
1NTELLIGUARD LEVEL INDICATOR WITH 4 RELAYS
pt,LIS 4-20 mA SIGNAL. 1.935.00
TOTAL
Price do~ not/nc/nde freight, state or any local taxes which may apply.
Please allow 10 days for shop drawings nad 2 weeks for delivery after approval.
Our Standard Terms & Conditions apply and ate ntlnched.
Best Regards,
Mike Robbins
352-267-3223
SERVICE SAL S
FRI]~I :HEYWARD, Inc, FAX NO, :5614474S70 Jun, 84 L:~3 04:13PM P1
13:36 ~415417135
PAGE El2
Juno 2. 2003
John Butlmi
City of Deimy Beth WTP
4~4 ~ S~ Ave
~y ~ FL 33~4
~!-243-~17.~
561-24~-73 I~F~
Heywa d Incorporated
7300 W, clmiflo R~
SuRe 219
Boc~ Raton, Florida 3~433
(561) 447-4047 R~ (~1) ~74570
De~ Jo~
you for allovdn8 m m IwovMe you with a quolmion form g.500 gallon
PolyProees~ing HDXLPE Venial Tank wJt~ ~l~le IMFO oulJet for yom comidemdon.
lea 8,500 G&llon 1.90 SPO, HDXLP£ Vertical Tank wilb tingle [IvlFO oudet including thc
following optlon~
· , 24" Hinged Covgr ~i~h Weight
· 4" Pvc 'Pnrmd~ Dnd~ ]=itti~
,, 2" PVC l'lu~mled Fill fi~ing
· ! 6' Standard SIz~l Lmld~ with Relum and ]~Jmcket Assembly
· ~ County Approved l~slr~im System
l~i. Cos~l~ ns aheve .......................................... .Sl6,SlO.Oe
Bill ~;
CITY OF OI~.RAY BEACH
A~N: ~HN BU~ARD
~1-24~16 FAX
Quote Confirmation
Page
~KIOTE ~ NOT INCLUDE FREIGHT
1t3~ 1;BTORAGE ~ERRIC CHLORIDE-~
~1~10 t ~T 1_~ ~ ~NAT
;247 I ~l~ ;~'M~ C~ ~ ~
~31 2 ~ ~G ~ 4' TH~ P~ W~S
~ 1 ~LTD ~G ~G 2' T~ PV~IT~M
~6~ ~IFS~
i6~ ~ ~z' ~ & CA~ ~ ~UE
i79t .~R A~CH ~ A~Y ~
1~ ~LVAN~
~8~ _~ T~R ~N~
Tolal $18,130.00
g2/02
No.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda Item
Date: June 30, 2003
When: July 8, 2003
Description of item (who, what, where, how much): Staff requests Commission Approval of the
purchase and installation of an 8500 gallon ferric chloride tank from Water Treatment & Controls Company
at the Water Treatment Plant. Total amount of this purchase is $15,885.00 and will be funded from
Account # 441-5161-536-63.90, Other Improvements..
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staffrecommer~approval of purchase from Water Treatment & Controls Company.
Department head signature: (~~,~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (r, eq~ired on all item~ involving expenditure of funds):
Funding available:~_~O ~ 6 "l/!
Funding alternatives (~7" ,,.-.-.-.-.-.-.-.-.~ '7 [~ ! (if applicable)
Account No. & Description '~tl-.r/~
Account Balance ¢,7Y, 7~
City Manager Review:
Approved for agenda: ~}NO <
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
U:\wwdataWorms~Agenda Requests\03 Jun30-AgendaReq - Water Tx & Controls Co.doc
[ITY DF I]ELARY BERgH
D~LRAY BEACH
Ail-America City
1993
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
David Harden
City Manager
Rich Connell
Acting Director of Parks and Recreation
Awarding Knight Electric Co., Inc. with Pedestal
July 1, 2003
Replacement
I recommend that the City of Delray Beach award the marina pedestal
replacement to Knight Electric Co., Inc. in the amount of $26,750.00.
Sportslighter Electric, Inc. submitted a quote of $29,000.00. I called
Ledbetter Electric, Inc. but they did not submit a quote. I have also
attached the proposal for this work from Thompson Engineering
consultants.
This will be funded out of account #426-4311-575-63.90. At present,
there is $20,000.00 in this account. The balance of $6,750.00 will be
transferred from account #426-4311-575-46.90.
agenda for City Commission
Please place this on the July 8, 2003
considerat ion.
Rich Connell
Acting Director of Parks and Recreation
Attachments
cc: Joe Weldon, Director of Parks and Recreation
Jacklyn Rooney, Purchasing Supervisor
Alberta Gaum-Rickard, Budget Technician
Ref:dhpedrec
THE EFFORT ALWAYS MATTERS
..... uo/~f/20B3 07:39 6892876 KNIGHT ELECTRIC PAGE 01
=HONE (~1) ~9-3500
FAX (5~1) 6~'3B76
P.O. ~BOX 14g
PALM BEACH, PLA. 33402
JOHN A. LOWEN
JEFFREY B. KNIGHT
May 7, 2003
C/,~ of Dehray
(561) ?.A3-7268 Fax
(561) 243-7253 Phone
A~tn.: Richard Cormell
~0000115
Re: D¢lmy Marina
The following is a proposal ~o furnish labor and material ~c~ssary to perform thc
electrical portion of work at ~e above refer~ac~d location.
1) Repull aJl wire for (l 4) dock lights. If wire cannot be pulled out and we have to install
new conduit this part of the job will be on a time & matexial basis.
2) Replacing (14) dock lights. (By OtherO
3) An dcctrical permit is included in this proposal.
price:
This price is valid for a period of sixty (60) days from the date of this proposal, Ptease
~ign below if we ate to proceed with this work.
Thank you for the oppomm/ty to bid this job. If you have any questions, please feel free
to call me,
City u£Delray
01/27/2003 10:39 5S13331507 5PCRTSLIGHTER ELEC PAGE
Sportslighter Electric, Inc.
4~0 But4neu Parkway, Sutm A · Rc~al Palm &tach, Flot-I~ 33411 · S614.~13-1Ji00 · ~ ,~,1-333.1Ji~7 EC~3O04~I
January 27, 2003 nd,,,/
Project Name', Delray Beach Ma~tna ~Lx, ~vO
_a 'o
2. Fum~handinstali8~l~ampd~E~a~rs~mpla~?i~g: ~ ~1- ' t
3. Fum~h and in~ll ~ XH~ ~per ~fing ~ ~ n~ p~r ~aes~ls. _.f . ~
4. ~ons ~,G,7,8,9, ~ ~ XHHW ~r ~. ~
5, ~s~,4,10, ~ 1XH~r /~t ~l
6. ~ons~,11, ~1/0 XHHW~p~ ~¢ ~
7. ~ons ~1,12, ~ ~ XHHW ~p~ ~B~-
8. ~ons ~13,14, ~ ~0 XHHW ~pp~
~EB~ ................................................ .. . .. ~.~ ~
Our quotaticvn will EXCLUDE the following:
2.
3,
4.
5.
Permit Fees.
FP&L Fees, servlca or energy charges for the permanent installation.
BellSouth Fees end or Cable Fees
Builders Eisk In~urance, and Auto Liability coverage in excess of $100,000/$500,000
Plans and or engineering cost.
Should you have any questions, please call:
~__~im Harris, Pmalclent.
THOMPSON ENGINEERING CONSULTANTS
Febmary25,2003
City of Delray Beach
Parks and Recreation
50 NW 1't Ave,
Delray Beach, FL 33444
Attn.: Mr. Rich Connell
Assistant Director
PROJECT:
New Power Pedestals
And Feeder Conductors
City Marina
City of Delray Beach, Florida
Dear Mr. Connell:
Thank you for the opportunity to provide this proposal for Electrical Engineering design services
for the above referenced project.
PROJECT OUTLINE
This proposal is for the design of the fourteen power pedestals at the existing City Marina dock.
We will provide, pedestal specifications, plans for the feeders, permit documents, review of bid
pricing and review of the installation. Coordination with the City of Delray Beach and Florida
Power and Light. Modify the plans if required by the City and FPL review. We will need
Autocad drawing files of the existing dock or a survey in order to do the drawings required for
bid and permit.
ESTIMATED FEE
Estimated fee for this project based on the available information is:
Design and Construction Documents: $2,000.00.
Bid review: $150.00.
Shop Drawing Review: $200.00.
Review of installation and report $350.00.
Services include: reproducible copies and Autocad files of the construction documems for your
~'00 WEST LINTON BLVD., SUITE 200 DELRAY BEACH, FLORIDA 33444
VOICE: (561) 274-0200 FAX: (561) 274-0222 E-MAlL: tec@emi.net
Marina Power Pedestals
City of Delray Beach
February 25, 2003
Page 2
use and record, three signed and sealed copies of the construction documents.
If this project comes to fruition, the standard contract between the City and Consultant is
acceptable, if needed.
I look forward to working with you on this project.
Sincerely, /
Dan Thompson, P.E.
President
Accepted by:
for the City of Delray Beach.
Date: July 1, 2003
AGENDA REQUEST
Request to be placed on:
Consent Agenda x Regular Agenda workshop Agenda Special Agenda
When: July 8, 2003
Description of Agenda Item (who, what, where, how much): Request awarding
replacement of marina pedestals to Knight Electric Co., Inc., the low quote, in
the amount of $26,750.00. This will be funded out of account #426-4311-575-63,90.
At present there is $20,000 in this account. The balance of $6,750.00 will be
transferred from account #426-4311-575-46.90.
Department Head /~~
Signature: _ _
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: (~ / No Initials: ~/// ~
Account Number ~/~¥Yll -~-'~Y-t~?~' OO(~.~r .
Description
Account Balance: ~/-7_fP
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda: ~/No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David Harden, City Manager
Jacklyn Rooney, Purchasing Manager
Joseph Safford, ~e Director
July 01, 2003
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
JULY 08, 2003 - BID AWARD - BID #2003-39
LANDSCAPE MAINTENANCE - GEORGE BUSH BLVD./
N.E. 8TM STREET AND WEST ATLANTIC AVENUE
ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve the bid award to Harry Maxime Landscaping for
landscape maintenance of George Bush Blvd./N.E. 8th Street and West Atlantic Avenue for an
estimated annual cost of $19,046.
Background:
Bids were received on June 12, 2003, from nine (9) contractors all in accordance with City
purchasing policies and procedures. (Bid #2003-39. Documentation on file in the Purchasing
Office.) A tabulation of bids is attached for your review.
As stated on the attached memo dated July 01, 2003, the Acting Director of Parks and Recreation
and the Parks Superintendent recommend award to the low bidder, Harry Maxime Landscaping.
Harry Maxime Landscaping is a current vendor with the City doing two (2) landscaping contracts
and does a satisfactory job and have the necessary equipment and experience to perform this
work. The City is satisfied with their work.
Recommendation:
Staff recommends award to low bidder, Han~ Maxime Landscaping for the landscape
maintenance of George Bush Blvd./N.E. 8th Street and West Atlantic Avenue at an estimated
annual cost of $19,046. Funding from account code #119-4144-572-46.40.
Attachments:
Tabulation of Bids
Memo from Director of Parks and Recreation
CITY OF DELAflY BEfl£H
Ail-America City
1993
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Jackie Rooney
Purchasing Supervisor
Rich Connell
Acting Director of Parks and Recreation
Bid #2003-39 - N.E. 8tn Street and West Atlantic Avenue
July 1, 2003
I recommend Bid #2003-39 be awarded to the lowest bidder, Marry Maxime
Landscaping. Marry Maxime Landscaping currently has two contracts with
the City: Bid #2003-08 for Lake Ida Road Medians and Bid #2001-09 for
Atlantic Avenue west of the CSX Railroad to Military Trail. We have been
satisfied with their work.
Please place this on the July 8,
consideration. The amount is $19,046;
#119-4144-572-46.40.
2003 agenda for City Commission
this will be funded out of account
Rich Connell
Acting Director of Parks and Recreation
cc: David Harden
City Manager
Tim Simmons
Parks Superintendent
Attachment
Ref:jrbidrec
THE EFFORT ALWAYS MATTERS
0
<
r~
AGENDA REQUEST
Request to be placed on: July 08, 2003
Date: July 01, 2003
XX Consent Agenda
__ Special Agenda
__ Workshop Agenda
Description of agenda item:
Approve award to Harry Maxime Landscaping for landscape maintenance of George Bush
Blvd./N.E. 8~ Street and West Atlantic Avenue at an estimated annual cost of $19,046.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve award to Harry Maxime Landscaping for landscape maintenance of George Bush
Blvd./N.E. 8th Street and West Atlantic Avenue at an estimated annual cost of $19,046.
Fundingfromaccountcode119-4144-572-46.40. o,~JL-{ ~.~ ~'~'~J"~
Department Head Signature: ~- ~,~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes I,-'/"%~ No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~
Hold Until:
(if applicable)
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDAITEM# ~'~ -REGULARMEETINGOFJULY8,2003
CONTRACT ADDITION (C.O. # 1)/DOUGLAS N. HIGGINS, INC.
JULY 3, 2003
This is before the City Commission to approve a contract addition (C.O. # 1) to the Seacrest
Neighborhood Improvements Phase IV Project in the approximate amount of $229,500.00 to
Douglas N. I-figgins, Inc. for ten (10) additional splitter islands.
The Seacrest Neighborhood Association is requesting the addition of 13 splitter islands. Three (3) of
the streets, however, do not go through to connect Swinton and Seacrest. Nevertheless, the
Association would like to have splitter islands installed for esthetic consistency. Three additional
islands would cost an additional $70,000.00. In the opinion of staff, there are other neighborhoods
with higher priorityneeds for this $70,000.00.
Funding is available from 334-6111-519-63.89 (Neighborhood Enhancements).
Recommend approval of the contract addition (GO. # 1) with Douglas N. Higgins, Inc. for the ten
(10) additional splitter islands.
S:\City ClerkXchevelle fokter\agenda memos\Contract Addition. I~aggim.7.8.03
www. MyDelrayBeach.com
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. ,~)~
02 Jul 2003
Seacrest Neighborhood Phase IV
Additional Requested Traffic Calming Measures
Project #2002-040
The attached agenda item requests Commission approval for the recommended modification to
Phase 4 traffic calming measures in the Seacrest neighborhood. This request is the result of
recent meetings held with the Seacrest neighborhood. The additional costs are estimates
based on what staff believes will be the cost to construct the additional calming measures. The
contractor submitted an incorrect bid for the traffic calming in the current contract. The unit
prices for the splitter islands and speed humps are not sufficient to cover the cost of materials.
This incorrect bid was brought to the contractor's attention and the contractor told the City that
the project could be built for the total bid submitted as long as additional splitter islands and
speed humps were not added. Staff will negotiate a reasonable price of the additional splitter
islands and speed humps.
Background
The City Commission approved the Seacrest - Del Ida Neighborhood Plan in March 1998. One
aspect of this plan included traffic calming in both Seacrest and Del Ida neighborhoods. Exhibit
A shows the original approved traffic calming plan. After initial discussion with the
neighborhoods, this plan was modified to eliminate the majority of the speed humps. Three
speed humps were retained in the Del Ida neighborhood and five speed humps were retained in
the Seacrest neighborhood. In lieu of the speed humps, it was agreed to add additional splitter
th
islands on the following streets at the North Swinton Avenue end: NE 9 Street, NE 10th Street,
th th th
NE 11 Street, NE 12 Street and NE 13 Street. Exhibit B shows this modified traffic calming
plan.
Current Conditions
Exhibit C indicates traffic calming measures installed during Phases 1 through 3. Exhibit D
shows traffic calming measures currently under construction (Phase 4; NE 14th Street north to
NE 22nd Lane).
S:~EngAdmintProjects~2OO2~2OO2-O40~OFFICIAL~OSjul2002 agenda memo. doc
Total costs of implementing traffic calming measures indicated in Exhibits C and D are as
follows:
Description Unit Qty Unit Price
Phases '1 through 3
Round-a-bouts EA 3 $26,700.00
Paver Brick Speed Hump EA 3 $3,600.00
Splitter Islands EA 15 $19,850.00
Landscp 15 Splitter Islands & 3 Rnd-abts LS 1 $10,733.00
Total Phase 2
Extended Cost
$80,100.00
$10,800.00
$297,750.00
$10,733.00
$399,383.00
Phase 4 (1)
Paver Brick Speed Hump (2) EA 5 $1,500.00
Splitter Islands (2) EA 6 $1,750.00
Landscp 6 Splitter Islands & 5 Speed Humps LS 1 $18,000.00
Existing Splitter Island Modifications (3) EA 15 $2,500.00
Total Phase 3
$7,500.00
$10,500.00
$18,000.00
$37,500.00
$73,500.00
Current Total Cost
$472,883.00
Notes: (1) Phase 4 currently under construction (2) Calming measure can not be built for this cost
(3) Modify shoulders at existing splitter islands
Proposed Changes
Since the completion of the first three phases, the city and the neighborhood have had several
meetings to discuss the effectiveness of the traffic calming measures already in place. The
neighborhood is pleased with the effect the splitter islands have had on cut-through traffic. As a
result the neighborhood is requesting a modification to the Phase 4 traffic calming plan.
In lieu of the speed humps planned on NE 17th Street, NE 18th Street and NE 19th Street, the
neighborhood would like to add additional splitter islands at the following locations (Exhibit E):
At North Swinton Avenue and:
NE 16th Court
NE 17th Street
NE 18th Street
NE 19th Street
At Seacrest Boulevard and:
Highland Lane
Heather Lane
NE 15th Street
Bonnie Briar
NE 16th Court
NE 17th Street (Both sides)
NE 18th Street
NE 19t~ Street
At NE 3rd Avenue and:
NE 22"d Street
S:~EngAdmin~Projects~OO2~OO2-O40~OFFICIAL tOSjul2002 agenda memo. doc
Total costs of implementing those traffic calming measures indicated in Exhibit E are as follows:
Neighborhood Requested Changes to Phase 4
Description Unit Qty Unit Price
Paver Brick Speed Humps EA 3 ($1,500.00)
Splitter Islands (1) EA 13 $21,000.00
Landscp 13 Splitter Islands & 2 Spd Humps (2) LS 1 $31,000.00
Requested Additiona Cost
Extended Cost
($4,500.00)
$273,000.00
$31,000.00
$299,500.00
Notes: (1) Estimated cost of additional spiitter islands
(2) Cost is weighted
Recommendation
After reviewing the neighborhoods request, staff is recommending that additional splitter islands
be added at the following locations (Exhibit F):
At North Swinton Avenue and:
NE 16th Court
NE 17th Street
NE 18th Street
NE 19th Street
At Seacrest Boulevard and:
NE 15th
NE 16th
NE 17th
NE 18th
NE 19th
Street
Court
Street (Both sides)
Street
Street
At NE 3rd Avenue and:
NE 22nd Street
Highland Lane, Heather Lane and Bonnier Briar do not have a direct connection from Seacrest
Boulevard to North Swinton Avenue and therefore do not warrant the need for a traffic calming
measure that is intended to discourage cut-through traffic.
Total costs of implementing those traffic calming measures indicated in Exhibit F are as follows:
Recommended Changes to Phase 4
Description Unit Qty Unit Price
Paver Brick Speed Humps EA 3 ($1,500.00)
Splitter Islands (3) EA 10 $21,000.00
Landscp 10 Splitter islands & 3 Spd Humps (4) LS 1 $24,000.00
Recommended Additional Cost
Extended Cost
($4,500.00)
$210,000.00
$24,000.00
$229,500.00
Funding is available in the Neighborhood Enhancement Fund. The recommended additional
work would add between 45 and 60 days to the existing contract.
Please add this to the 08 July 2003 agenda.
Thanks!
Enc
cc: file
S:~EngAdminV3rojects~OO2~OO2-O40~OFFICIAL~OSjul2002 agenda memo. doc
ADOP'rE]) 'l~lk~C CALUING PLAN
MARCH lgg8
EXHIBIT "A"
LEGEND
X ~t.hlg.~ I~I,..M~
SEAGREST~I. IDA NE]GHB(~HO~
REVIeWeD 11~AFF1C CAI. MING PI.AN
EXHIBIT "B"
LEGEND
'I~AF~C CAIJ~ING INSTALLE~
EXHIBIT "C"
LEGEND
X sPU~=.~ ISI.,,~ID
~:.ACREST/~EL. IDA I~II~BOflHOOD
TRAFFIC CAI..MII~ ~ OONS1RUC'IION
EXHIBIT "D"
LEGEND
X
~m~
EXHIBIT "E"
~CI~ST~}E~. IDA
I~COMUEI~D Ai~'IIONAL 'IR.~N'=lqC CALI411~
EXHIBIT "F"
LEGEND
X ~ ii~-~ i~1.~
Date: 02 Jul 2003
AGENDA ITEM NUMBER~
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda __
When: 02 July 2003
Workshop Agenda
Description of Agenda Item (who, what, where, how much):
Special Agenda
The attached agenda request is for Commission authorization/approval to add 10
splitter islands to Project #2002-040, Seacrest Phase 4 contract. The approximate
additional cost will be $229,500.00 and the contract time will be extended 45 to 60
days. Funding is available in the Neighborhood Enhancements account. The attached
Exhibit "F" shows the locations of these additional splitter islands.
Recommendation: Staff recomme(q~ approval
Department Head Signature: /v~ -~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~/No Initials: ~ 6
(if applicable)
Account Number 334-6111-519-63.89
Description
Account Balance: $330,766.00
Funding Alternatives:
City Manager Review:
Approved for Agenda: ~/No Initials:
Hold Until:
Neighborhood Enhancements
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2002\2002-040\OFFICIAL\08jul2002 agenda.doc
[IT¥ OF DELRI:I¥ BEFI[H
~ E~L R~Y~
Ali-America City
1993
2001
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
'dO LNDU
TO:
FROM:
David T. Harden
City Manager
~AObertA. Barcinski
ssistant City Manager
DATE:
SUBJECT:
June 30, 2003
Agenda Item~ City Commission Meeting July 8~ 2003 Approval
Resolution No. 43-03 and Special Event Request - 26th Annual Roots
Cultural Festival
ACTION
City Commission is requested to approve Resolution No. 43-03 supporting and endorsing
the 26th Annual Roots Cultural Festival. Commission is also requested to grant a
temporary use permit per LDR's Section 2.4.6(H) for the use of City facilities, rights of
way and parking lots, to authorize staff support for security, traffic control, barricading,
signage, stage set up and removal, and clean up and trash removal. Approval is also
requested for use of the large stage from August 8th through the l0th waiving rental fees,
waiver of rental fees for use of City facilities, waiver of staff overtime and waiver of
LDR's Section 4.6.7(C)(5)(a) and (9) to allow banners and flags and to allow event signs
to be put up more than one week before the event.
BA CKGR 0 UND
Attached is a request from Mr. William Young, Board Chair and Mr. Tommy Stevens,
Executive Director of the Roots Cultural Festival requesting a City Resolution supporting
and endorsing this years event, staff support for traffic control, security, stage use and set
up, barricading and signage, permission to hang banners and flags, use of City facilities
and stages, waiver of facilities and rental fees, a waiver to allow signage to be put up
more than one week before the event and a waiver of all staff overtime.
Estimated overtime costs for this year's event are approximately $33,300 of which
$27,000 is estimated for police overtime. Estimates include overtime costs for the final
weekend, basketball tournament, and youth parade. Final costs will depend on traffic
control needs on Atlantic Avenue. Last years actual overtime costs were approximately
$30,400. This included additional traffic control costs for the final weekend. This event
under provisions of the new policy is classified as a major event sponsored by a non-
561/243-7000
THE EFFORT ALWAYS MATTERS
Subject: Agenda Item City Commission Meeting duly 8, 2003
Resolution No.43-03 and Special Event Request - 26th Annual Roots Cultural Festival
Page #2
profit agency. With this switch in site to Old School Square the event is considered a
second year event with no charges for overtime. Next year; however, the charge would
be 50% for costs over $10,000.
This year, again the final weekend events will take place on the grounds at Old School
Square and the CRA parking lot. The site set up is similar to the Garlic Festival. The
Board has agreements with both Old School Square and the CRA.
The event sponsor will be responsible for event management, vendor approval,
entertainment, banners and signs and fencing of the event site. A minimal fee will be
charged for entry to the site with children being free. Parking will be directed to City
parking lots at City Hall as well as the Courthouse lot and other municipal parking lots.
An event budget and schedule of events is attached.
RECOMMENDATION
Staff recommends approval of Resolution No. 43-03, the temporary use permit for use of
City facilities and rights of way, the sign, banner and flag waiver, to be put up no earlier
than July 28th, use of Cily stages on dates requested, waiver of stage rental fees, and City
facility rental fees, staff support for security, traffic control, barricading, signage, and
clean up and trash removal and consider waiver of overtime costs. Approval would not
include blocking or fencing of NE 2nd Avenue. Waiver of any rental fees for the use of
the grounds and facilities at Old School Square would need to be approved by the Board
of Directors of Old School Square. Approval will be contingent on receipt of a hold
harmless agreement and insurance certificate.
RAB/tas
Flle:u:sweeney/events
Doc: roots cultural festival 2003
CULTURA
F'£$T VAL lNG.
A Celebration of Unily and Culture
The Honorable JeffPerlman, Mayor
City of Delray Beach
Delray Beach, FI 33444
June 10, 2003
Dear Mayor perlman:
This summer marks 26 year of "Roots" presence in Delray Beach. The 2003 Theme, "Capture the vision
of Roots: Kuumha (Creativity) is the Key" is appropriate in order for our Organization to be prepared to
meet the challenges and demands of the Community's cultural needs.
On behalf of the Board of Directors and the community, we thank the City of Delray Beach for its past
participation and support. We also appreciate the annual resolution in honor of our efforts to celebrate the
many cultures in Dulray Beach.
In order to continue our mission, we are requesting that for the year 2003, the city commission again grants
us a resolution. This resolution should sanction the efforts of The Roots Cultural Festival through the
support of the various municipal departments, such as the Police, Parks and Recreation, and other
appropriate depaflxnents.
Though we have been partners in commonity-building, through the various programs geared at improving
the quality of life for the citizens of Delray Beach, the best is yet to come! We are proud to acknowledge
the many successful adults who have commented, "Thanks to Roots for believing in us; for encouraging us
to be all that we can be; and for giving us an opportunity to showcase our many talents".
Local patrons eagerly look forward to the Festival on the Square. Tourists from all over the United States as
well as the Islands have made the Festival in the Park a favorite vacation event during the sommer, as many
family reunions are planned aroond this event.
As the newly elected Chairman of the Board, I am committed to using my experience as a businessman to
helping this organization reach its goals.
Attached, please find, a copy of our schedule and support request list. As always, we invite yon and the
Commissioners to share in the activities which are planned throughout the year.
Sincerely,
William Young, o
Chairman of the Board
Executive Director
WY/rd
ATTACHMENTS
P.O. Box 2654 Delray Beach, FL. 33447 · [561] 274 - 0365
RESOLUTION NO. 43-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS
CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF
THE TWENTY-SIXTH ANNUAL "ROOTS CULTURAL
FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA.
Annual Roots
2003; and
WHEREAS, the Roots Cultural Festival, Inc., is sponsoring the Twenty-Sixth
Cultural Festival in the City of Delray Beach from August 8th through August 10,
WHEREAS, the Roots Cultural Festival presents to the community, state and nation
a view of the rich cultural heritage of people of African ancestry in our city; and
WHEREAS, this festival was originally conceived by the Jefferson Manor Homes
Association in an effort to bring people together to develop pride, respect and appreciation for their
community as well as the particular heritage which they bring to the city; and
WHEREAS, the Roots Cultural Festival provides an opportunity for exciting
experiences for all, reminiscent of the Bahamas, the West Indies, Haiti and other countries from
which people of African ancestry have come to Delray Beach; and
WHEREAS, the activities of the festival are to promote math, language and
communication development among our youth; to promote physical fitness through sports
tournaments; to promote cultural enrichment and appreciation through exhibits, creative dance and
dramatic presentations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach hereby supports
the Roots Cultural Festival, Inc. in their sponsorship of the 26th Annual Roots Cultural Festival in
the City of Delray Beach.
Section 2. That the City Commission hereby recognizes the 26th Anniversary of the
Roots Cultural Festival, and commends its sponsors and supporters for holding this significant
cultural event in the City of Delray Beach.
PASSED AND ADOPTED in regnl~ session on this the 8~h day of July, 2003.
ATI'EST:
MAYOR
City Clerk
2 RES. NO. 43-03
~ Wd~S:£O £0~ 0£ '~n£ ~T600££~9S : 'Ot~ XW~ 3N! ]~AIISB~ ]wani]no siooa ~o~
OOTS
GULTURAS,
Ir::'$TiVAL. INC.
A Celebration of Unity and Culture
ROOTS CULTURAL FESTIVAL, INC.,
YEAR 2003
SUPPORT LIST
1. Police Security, where applicable.
2. The City to waive the fee for the rental of the stage, if necessary, for August 8~,
9m, & 10tl~' 2003.
3. The City to allow the display of the Roots flags at area organizations and
businesses.
4. The City to waive fees for the use of facilities and staff for ali activities scheduled
at Pompey Park, Delray Beach Civic Center, and other appropriate City
facilities.
5. The City to provide Roots siguage on Atlantic Avenue, Linton Blvd., US 1, and
other appropriate sites from August 1-10, 2003.
P.O. Box 2654 Delray Beach, FL. 33447 · [561] 274 - 0365
THE TWENTY-SIXTH ANNUAL CULTURAL FESTIVAL
Presented by
THE SUN SENTINEL
2003 SCHEDULE OF EVENTS
DATE TIME EVENT PLACE
JUNE 25 7:45p. m.. Dedication Service Christ Missionary Baptist Church
27 6p.m. Youth Basketball Tournament Pompey Park
Pompey Park
Old School Square
28-29 9a.m Youth Basketball
JULY 13
7p.m. Coronation
17
18
18
1%20
20
21
7p.m
7p.m
8a.m
7p.m
Youth on Parade Talent Show
Summer Nights on the Avenue
Tennis Tournament
Tennis Tournament
Gospel Fest
Pompey Park
Delray Tennis Center
Delray Tennis Center
Delray Tennis Center
Old School Square
24
6p.m Spelling Bee Elimination
9a.m-6p.m Business Conference
Pompey Park Auditorium
Delray Beach Golf Course
27
28
29
3O
31
AUGUST
2-3
4
8
6
6p.m
6p.m
Oratorical Contest
Spelling Bee/Language &
Critical Thinking Skills
Geography Bee/Essay contest
Math Contest
Environmental Summit/Science
And Environmental Bee
Basketball Tournament
Basketball Tournament
Strategies for Serving the
Homeless
A Gathering of Brothers &
Sisters
Parade
St. Paul Missionary Bapt., Church
Pompey Park Auditorium
Pompey Park Auditorium
Pompey Park Auditorium
Pompey Park Auditorium
Pompey Park Auditorium
Pompey Park Auditorium
Pompey Park
Pompey Park Auditorium
City Hall
8
9
9
7:30.a.m-
Jazz & Blues on the Square
Prayer Breakfast
Old School Square
Pompey Park
10a.m. Health Fair
Pompey Park
9 12 noon
Festival on the Square
Old School Square
10 lp.m. Gospel on the Square Old School Square
OCTOBER 18 Roots Golf Classic Delray Beach Golf Club
ROOTS CULTURAL FESTIVAL, INC.
FY 2003 - 2004 Budget
I. EXPENSES
Personnel - Administration
Academic and Cultural Arts Component
Artist Fees
Sports Components
Self-Help and Improvement Component
Space Rental/Utilities (12mos. ~ $500)
Telephone Service (12mos. ~ 175)
Marketing and Advertising
Accounting Fees
Legal Fees
Insurance (Board & Festival)
Supplies
Equipment Service & Repair
Concessions
Tee Shirts
Logistics & Facility Layout
Souvenir Booklet
Sound (Indoor Activities)
Sound (Outdoor Activities)
$66,000
24,000
30,000
15,ooo
1,500
8,100
2,100
6,000
5,000
2,000
6,500
4,000
60O
3~00
3,000
7,000
3,000
1,000
6,000
Low-budget Activities (youth on parade, splash party, etc.) 1,000
Travel 3,000
Miscellaneous Expenses (P.O. Box, etc.) 1,000
Printing 1,000
Total Expenses $200,000
II. Revenue
Sports Components
Concessions
Booth Space Rental
Souvenir Booklet
Tee Shirts
Low Budget Activities
Grants, Foundations, Corporations
Cash Carry-over
Total Revenue
32,000
10,000
12,000
4,000
5,000
3,000
130,000
4,000
$200,000
OF
Please Iht the following information for each member of the board: name, employer,
position, business address and phone, resident address and pbon~ (Separate sheet may be
used.)
'*-* WillL~m Youn~ - (Chair); Retired Banker;, 15112 Tall Oak Ave., Delray Beach,
FL 33446, 561-495-6505
Freddie Grice.- (Vice-Chair); City of Lake Worth, Parks & Recreation, 1121
Lucerne Ave., Lake Worth, FL 33461; Home: 602 SW 4* Street, Delray Beach,
FL 33444, (561) 825-0182 Cell #
Mary Randolph - (Financial Secretary); Nurse, Boca Community Home Health
Services, 800 Meadows Rd., Boca Raton, FL 33486, (561) 272-7979; Home: 201
NNV 11' Ave., Delray Beach, FL 33444. (561) 278-7148; Cell # 441-2208
Jounice Hill (Treasurer); Retired Educator;, Hom.e 309 SW 15' Terrace, Delray
Beach, FL 33444. (561) 272-7724
Joe Weldon - (Secretary); Director of Parks & Recreation, City of Delray Beach;
50 NW 1~t Ave~, Delray Beach, FL 33444. (561) 243-7251; Home: 1050 NW 4*
Ave., Delray Beach, FL 37-~.~.. (561) 278-~436
Claytea Bell - (Directors); Community Child-Care Center, 5Sfl NW 4*" Street Delray Beach, FL
32~?.].; Home: 1327 Pr~pect Street, Delray Beach, FL 3:3444. (561) 278-2782, Cell # (561) 573-
8626
Barbara Brown ~ (Directors); Retired School Principal, 718 E Chatelaine Blvd., Delray Beach,
FL 33444~ (S61) 742-4123
Irranc~s Carger - (Directors); Deiray Beach Full Service, 301 SW 14t~ Street Delray Beach, FL
33444; Home: 241 NW 9th Ave., Delray Beach, FL 33444. (561) 278-8422
Shirley plommer (Di~etors); Extra Special Stufl~ P.O. Box 2183, Delray Beach, FL 33447.
(561)276-890~; Home: 329 Lincoln Lane, Delray Beach, FL 32~?-, (561) 278-1680
O)
Year ,2003-2004
Board of Directors Continued:
Pa~e 2 or 2
Elizabeth J. Wesley - (Director of Programs); Retired Administrator;, Roots Cultural
Festival, 400 West Atlantic Ave., Delray Beach, FL 3~.~?., (561) 274-0365; Home: 309
SW 15a Terrace, Delmy Beach, FL 33444. (561) 278-6436
Tommy L. Stevens - (Executive Direetor) Roots Cultural Festival, 400 West Atlantic
Ave., Delray Beach, FL 33444, (561) 274-0365; Home: 2920 Dolphin Drive, Delray
Beach, FL 33444. (561) 330-9090
(2)
TO:
THRU:
FROM:
SUBJECT:
D~RD~/~ANAGER JND ZONING
PA[Jt~ DORMNG, DIRE~/{DR OF PLANNING
SCOTT D. PAPE, SENIOR PLANNER/~~~
MEETING OF JULY 8, 2003
CONDITIONAL USE REQUEST TO ALLOW A FREE STANDING MULTIPLE
FAMILY DEVELOPMENT IN THE PC (PLANNED COMMERCIAL) FOR BEXLEY
PARK LOCATED AT THE NORTHEAST CORNER OF MILITARY TRAIL AND Th'-
LAKE WORTH DRANAGE DISTRICT LATERAL CANAL L-31.
The properties under consideration consist of Parcels 1 and la of the Model Subdivision and total
6.79 acres. The property contains an abandoned single family residence (lot la) and a vacant tract
(lot 1).
Annexation and Rezoning:
At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan
Amendment 2002-1 (02-1), to the Department of Community Affairs for review, and approved on first
reading the voluntary annexation of the subject property. Comprehensive Plan Amendment 02-1
included the assignment of Future Land Use Map (FLUM) designations and Zoning districts for the
subject parcels. At its meeting of August 6, 2002, the City Commission approved the second and final
reading of the voluntary annexation. As a result of the annexation, all parcels maintained their existing
County Zoning and Future Land Use Map designations until the adoption of Comprehensive Plan
Amendment 02-1.
At its meetings of October 15, 2002, the City Commission approved the ordinance for the rezoning of
the subject property to PC in accordance with the recommendation of the Planning & Zoning Board.
The second reading of the rezoning ordinance coincided with the adoption hearing for Comprehensive
Plan Amendment 02-1, which was also approved by City Commission.
After annexation of the property in August 6, 2002, the site was subject to a Request for Proposal
(RFP) which Master Planned the subject property. The winning applicants Master Plan included a
264 unit Traditional Neighborhood Designed (TND) community which included 101 single family zero
lot line homes, 82 three-story townhomes, and 81 one/two-story triplex villas on 54.5 acres. The
Master Plan includes the dedication of 10 acres to the City as a public park. The Conditional Use
request is for the 6.79 acre portion of the RFP located immediately adjacent Military Trail and is zoned
Planned Commercial. As stand alone multifamiiy developments are allowed only through the
Conditional Use process the proposed 72 unit (54 Villas, 18 townhouses) project is now before the
City Commission for consideration.
At its meeting of June 16, 2003, the Planning and Zoning Board held a public hearing in conjunction
with the request. After discussing the proposal, the Board unanimously recommended approval of the
Free-Standing Multiple Family residential development with a density of 10.60 dwelling units per acre,
subject to the conditions attached in Exhibit A. The Board also recommended approval of the
following internal adjustments and waiver:
Triplexes
· Reduction in the front setbacks of all triplex units from 30' to a minimum of 7.5 feet;
· Reduction in the side street for all triplex units from 25' to 15';
· Reduction in the separation between triplex units from 25' to 15' subject to the condition that
units be flipped so that two side entrances not occur adjacent each other.
Townhouses:
· Reduction in side street setbacks from 30' to 15' for units 68-72 and 59-63, 30' to 28' for units
64-67 and 30' to 17' for units 55-58;
· Reduction between buildings from 30' to 10' for qll townhouses;
· Reduction in front setbacks from 30' to 10' for all townhouses.
General site internal adiustment:
Reduction in the combined depth of 42' were parking abUts the alley system from 42' to 41' for
all triplex units and townhouses units except the units which are on the north perimeter of the
PRD section and north, west and south perimeters of the PC portion of the site were a
reduction from 42' to 40' was requested.
Waiver:
· To reduce the pavement width of the streets from 24' to 20' including 2' valley gutter on each
side. (This waiver will be coming before the City Commission for approval as a separate item).
Approve the Conditional Use request and internal adjustments to allow a Free-Standing Multiple
Family residential development for Bexley Park, based upon positive findings with respect to LDR
Section 4.4.6(I) (Performance Standards for Density), Chapter 3 (Performance Standards), and
Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and
consistency with the policies of the Comprehensive Plan, subject to the conditions attached as Exhibit
A as recommended by the Planning and Zoning Board.
Attachments
Exhibit A
Planning and Zoning staff report
Exhibit A
1, Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and
addresses the "Exhibit "A" - Technical Items" attached in the staff report;
2. That a letter be submitted from the Palm Beach County Traffic Division that indicates traffic
concurrency for the proposed development prior to issuance of a building permit.
3, That a tree survey be provided and overlaid on the site plan.
4. That a tot lot be provided along the west side of the property.
5. That a facility designed for teens such as a sport court be provided on the subject property or
within the PRD zoned portion of the development.
6. Bicycle parking facilities be included for the City Park along Military Trail and the tot lot.
7. That the retention lake be utilized as a source of irrigation for the common areas of the
development if feasible and further addressed during the site plan application process.
8. That 15'-high trees are planted 30' on center along the north, south and west property lines and
that a hedge, wall or fence is provided within this area and that the hedge along the L-31 Canal
and City Park is increased to 24'
9. That the four-unit building designs are submitted and that they match the style with respect to
design and architectural treatment of the five-unit building.
10. That a minimum of three color schemes be provided and approved by SPRAB for the triplexes and
that no two consecutive buildings contain the same scheme. With respect to the townhomes, at
least three color schemes are provided and approved by SPRAB and that not more than two
consecutive units contain the same scheme.
11, That the applicant coordinates with the location of a new bus stop or combination of existing stops
with Palm Tran.
12. That the triplex units be flipped so that no two side entrances are immediately adjacent each
other.
13. That the front porches of the villas are extended across the front of the building and a divider
provided between the units.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
June 16, 2003
IV. A.
Conditional Use Request in Conjunction With a Master Development Plan
Application to Allow the Construction of 72 Multi-Family Units (Townhomes and
Villas) Within the PC (Planned Commercial) Portion of the Bexley Park
Development, a Proposed Traditional Neighborhood Development. (Quasi-Judicial
Hearing).
GENERAL DATA:
Owner ......................................... City of Delray Beach
Applicant .................................... D.R. Horton Homes of Fla.
Agent .......................................... Julian Bryan & Associates,
Inc.
Location ...................................... Located at the northeast
corner of the L-31 Canal and
Military Trail.
Property Size .............................. 6.79 Acres
Future Land Use Map ................ GC (General Commercial)
Current Zoning ............................ PC (Planned Commercial)
Adjacent Zoning ................ North: County AR (Agricultural /
Residential) & County CG
(General Commercial)
East: PRD (Planned Residential)
South: RM (Multiple Family
Residential - Medium
Density)
West: County AR (Agricultural /
Residential)
Existing Land Use ...................... Vacant / Single Family
Residence
Proposed Land Use .................... Construction of 72 multi-
family units (townhomes and
villas) within the PC (Planned
Commercial) portion of the
Bexley Park Development.
Water Service ............................. Connection available via a
12" water main located within
South Military Trail.
Sewer Service ............................. Connection available via a 6"
force main, which extends
from an 8" sewer main,
located within Classical
Boulevard of the Winterplace
PUD Subdivision.
IV. A.
The action before the Board is making a recommendation to the City Commission on a
request to establish a Multiple Family Housing Development in the Planned Commercial
zone district pursuant to LDR Section 2.4.5(E), within the project known as Bexley
Park.
The subject property is located at the northeast corner of Military Trail and the Lake
Worth Drainage District Lateral Canal L-31.
The properties under consideration consist of Parcels I and la of the Model Subdivision
and total 6.79 acres. The property contains a single family residence.
Annexation and Rezonin.q:
At its meeting of July 16, 2002, the City Commission approved transmittal of
Comprehensive Plan Amendment 2002-1 (02-1), to the Department of Community
Affairs for review, and approved on first reading the voluntary annexation of the subject
property. Comprehensive Plan Amendment 02-1 included the assignment of Future
Land Use Map (FLUM) designations and Zoning districts for the subject parcels. At its
meeting of August 6, 2002, the City Commission approved the second and final reading
of the voluntary annexation of the subject parcels. As a result of the annexation, all
parcels would maintain their existing County Zoning and Future Land Use Map
designations until the adoption of Comprehensive Plan Amendment 02-1.
At its meeting of September 23, 2002, the Planning & Zoning Board forwarded a
recommendation to the City Commission that those parcels adjacent to South Military
Trail, which were referred to as Parcels 1 and lA (6.79 acres), be given a zoning
designation of Planned Commercial (PC) and that the balance of the property (47.87
acres) be given a zoning designation of Planned Residential Development (PRD). The
proposed zoning districts were consistent with the FLUM designations proposed by
Comprehensive Plan Amendment 02-1. At its meetings of October 1, 2002, and
October 15, 2002, the City Commission approved on first and second readings,
respectively, the ordinance for the rezoning of the subject property to PC and PRD in
accordance with the recommendation of the Planning & Zoning Board. The second
reading of the rezoning ordinance coincided with the adoption hearing for
Comprehensive Plan Amendment 02-1, which was also approved by City Commission.
Request for Proposal (RFP):
Under direction of the City Commission, staff issued a Request for Proposal (RFP) to
Master Plan the subject property for future development. Although Comprehensive
Plan Amendment 02-1 assigned FLUM designations, and the rezoning assigned
individual zoning districts to the subject area, the Master Plan was to describe a more
Planning and Zoning Board S; {eport
Conditional Use Request - Bexley Park
Page 2
comprehensive and detailed use of the land. General direction was given for three
over-all goals:
Parcels 1 and lA (6.63 acres), should be designated for commercial
development. Due to their proximity to South Military Trail, these parcels
appear to be the most marketable for commercial development, and will help
to off-set the land acquisition costs incurred by the City. Consideration should
also be given to the dedication of right-of-way to provide access from South
Military Trail to the residential pamels to the east. It is noted the commemial
zoning designation would also allow development of multi-family units.
The balance of the subject area (47.87 acres) should be designated for single
family residential development. Moderate-income housing should be
emphasized.
Reserve approximately 10-15 acres of the residential component for a
neighborhood park. Preliminary analysis by the Parks & Recreation
Department identified several parcels which would be suitable. Emphasis will
be placed on certain parcels which have heavy concentrations of existing
trees.
The deadline to respond to the RFP was August 29, 2002. Four individual companies
submitted responses, with a total of five individual development scenarios. A review
team made up of City staff, local design professionals, and representatives of adjacent
homeowners associations reviewed the submitted responses and presented their
findings to the City Commission at their workshop meeting on October 8, 2002. The
City Commission agreed that a special meeting be held for the respondents to present
their Master Development Plans to the City Commission on October 30, 2002.
Subsequent to this special meeting, at its regularly scheduled meeting of November 5,
2002, the City Commission received public input regarding the development proposals
and ultimately approved the selection of the Continental Homes proposal known as
Bexley Park.
On May 2, 2003, Master Development Plan and Conditional Use applications were
submitted for Bexley Park, a 264 residence Traditional Neighborhood Design (TND)
community comprised of single family zero lot line homes, three-story townhomes, and
one/two-story triplex villas.
The applicant has submitted a conditional use application for the 72-unit multiple family
component of the project, which is now before the Board for action.
The conditional use request involves the establishment of a multiple family development
with a density of 10.60 dwelling units per acre. The development proposal incorporates
the following:
Planning and Zoning Board S; ~eport
Conditional Use Request - Bexley Park
Page 3
Construction of a total of 72 multiple family dwelling units that consists of (18) 3-story
townhomes with 3 to 4 bedrooms and (54) 2-story villas with 3 bedrooms each;
The development contains a series of loop roads that provide access to the front of
the units together with alleys that provide access to individual parking garages in the
rear of the units;
A public park along Military Trail (to be dedicated to the City) and a pedestrian path
connection to the new City park within the PRD portion of Bexley Park east of the
subject property; and,
Installation of associated landscaping throughout the property.
The development proposal also includes the following requests:
1. An Internal Adjustment from LDR Section 4.3.3(O)(3)(b) & (c), which requires a front
and side street setback of 25' for one-story buildings and 30' for two-story buildings,
and a 25' building separation for two-story structures and 30' for three story
structures;
2. An Internal Adjustment from LDR Section 4.6.9(D)(2)(b), which requires a combined
minimum depth of 42' when parking is adjacent to an alley; and,
3. An Internal Adjustment from LDR Section 6.1.2(C)(3)(a), which requires a minimum
pavement width of 24' for local streets.
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of GC (General
Commercial) and is zoned PC (Planned Commercial). The PC zone district is consistent
with the GC Future Land Use Map designation. Pursuant to LDR Section 4.4.12(D) and
4.4.9(D)(11), the PC zoning district allows multiple family residential developments with
a density up to 12 dwelling units per acre as a conditional use subject to performance
standards as outlined in LDR Section 4.4.6(I). The proposed multiple family
development has a density of 10.60 units per acre.
Planning and Zoning Board St {eport
Conditional Use Request- Bexley Park
Page 4
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Water and Sewer:
Preliminary water and sewer plans have been submitted and the following is noted:
Water service is currently available to the site via an 8" water main from the existing
12" water main along Military.
Sewer service will be provided to the site via an 8" gravity flow main to an existing 6"
force main that traverses the PRD zoned property to the northeast of the subject
property.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant for
the City at build-out, and can service the proposed residential units and commercial
development. The specifics of the public water and sewer utilities with respect to
potential main extensions and connections will be addressed in further detail during the
subsequent site plan review process. Based upon the above, positive findings can be
made with respect to these levels of service standards.
Drainage:
Preliminary drainage plans have been submitted which indicate that drainage will be
accommodated via sheet flow to catch basins within the street system with outfall to the
retention lake located on the PRD zoned property. The specifics of the drainage system
will be addressed in greater detail during the site plan review process, however, there
are no problems anticipated in accommodating on-site drainage. Thus, positive findings
with respect to this level of service standard can be made.
Streets and Traffic:
The applicant provided a traffic impact study for the Bexley Park Master Plan that
includes the subject property. This traffic study is based on the entire Bexley Park
(including the PRD zoned property), which contains 101 single family dwelling units and
163 multiple family units. The Study indicates that the project will generate a total of
2,151 average daily trips (Single Family 1,010 ADT and Multiple Family 1,141 ADT)
onto the surrounding road network. The traffic generated by the multiple family units
within the area covered by this conditional use request will be 504 average daily trips. A
copy of the traffic study has been transmitted to the Palm Beach County Traffic
Engineering Division for review with respect to concurrency. Although it is anticipated
that a finding of concurrency will be made a response has not yet been received.
Therefore, a condition of approval is attached that a finding of concurrency be received
from the Traffic Engineering Division prior to issuance of a building permit. Based upon
the above, a positive finding with respect to this level-of-service standard can be made.
Planning and Zoning Board St {eport
Conditional Use Request- Bexley Park
Page 5
Parks and Open Space:
The Open Space and Recreation Element of the Comprehensive Plan indicates in its
conclusion that "The City will have sufficient recreation facilities at build-out to meet the
adopted standards". Park impact fees are collected to offset any impacts that projects
may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building
permit for each unit. Based on the 72 units proposed within the conditional use area, a
fee of $36,000 will be required of this development for parks and recreation purposes.
The total dedication for the entire Bexley Park subdivision (including PRD zoned
portion) will be $132,000.
Solid Waste:
Trash generated each year by the 72 multiple family residential units will be 143.78 tons
of solid waste [72 dwelling units x 1.99 tons per unit = 143.78 tons]. Per the Solid
Waste Authority, the trash generated by this proposal can be accommodated by existing
facilities. Therefore, a positive finding with respect to this level of service standard can
be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies that are relevant
to the Conditional Use application were found.
Future Land Use Element Objective A-1 Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
The property contains a single family residence and is otherwise vacant and
undeveloped. The property contains a significant amount of native vegetation that
consists primarily of Slash Pine and Sabal Palms. In order to determine the maximum
preservation of this landscaping, a tree survey needs to be provided and overlaid on the
site plan and is attached as a condition of approval. Aside from the native vegetation,
there are no special physical or environmental characteristics of the land that would be
negatively impacted by the proposed multiple family development. The development
will be complimentary with the surrounding commercial and residential developments.
Housing Element Policy A-1.5 - As the City has an ample supply of housing
designed to accommodate its seasonal and retirement population, new
residential developments shall be designed for a balanced demographic mix of
Planning and Zoning Board Si .{eport
Conditional Use Request- Bexley Park
Page 6
permanent year-round residents. This shall be accomplished through the
implementation of policies from Objective B-2 of the Housing Element.
Housing Element Objective B-2 - Redevelopment and the development of new
land shall result in the provision of a variety of housing types which shall
continue to accommodate the diverse makeup of the City's demographic profile,
and meet the housing needs identified in this Element. Policies which will
implement this objective include:
Housing Element Policy B-2.2 - The development of new adult oriented
communities within the City is discouraged. New housing developments shall be
designed to accommodate households having a range of ages, especially families
with children, and shall be required to provide 3 and 4 bedroom units and activity
areas for children ranging from toddlers to teens. This requirement may be
waived or modified for residential developments located in the downtown area,
and for infill projects having fewer than 25 units.
The proposed 72-unit residential development provides a range of three and four
bedroom units in villa and townhouse configurations. These units contain several floor
plans that will appeal to a variety of households. The master plan has indicated the
location of a tot lot, pool and club house within a community recreational facility together
with passive amenities consisting of private parks and gazebos located in the PRD
zoned portion of the property. However, the PC zoned property contains no
recreational facilities. The location of the proposed tot lot on the PRD zoned portion is
too remote for the residents of these units. In order to compliment the traditional
neighborhood concept of the proposed development and foster a better sense of
community, an additional tot lot should be provided along the west side of the property
and is attached as a condition of approval. Furthermore, a facility that is designed for
teens such as a sport court or volley ball court should either be provided on the subject
property or within the PRD zoned portion of the development and is also attached as a
condition of approval.
Housing Element Policy B-2.3 - New housing developments shall include a range
of housing types that offer variety in size, color, and style.
As noted previously, the proposed development includes 54 villas in three unit two-story
buildings and 18 townhomes in four and five unit buildings. The application includes
one color scheme for the villas and one for the townhomes. It is noted that a greater
variety of color schemes for the villas should be provided. Furthermore, the individual
unit color schemes for the townhomes should be varied in order to provide some
differentiation between units. The color schemes are discussed in greater detail in the
analysis of the Performance Standards section of this report.
Transportation Element Policy D-1.2 - The provision of a pedestrian system apart
from the street as well as within rights-of-way shall be explored with the review of
each development. Specific focus shall be given to access to waterways, to
parks, between residential developments, and along access routes to schools
including systems through developments.
Planning and Zoning Board S'~ P, eport
Conditional Use Request - Bexley Park
Page 7
The development proposal provides an internal pedestrian system within the property.
This system provides access to all areas of the PC zoned portion of the development.
Furthermore, a pedestrian path has been provided that connects the City Park along
Military Trail to the City Park located on the PRD property to the east side of the subject
property.
Transportation Element Policy D-2.2 - Bicycle parking and facilities shall be
required on all new development and redevelopment. Particular emphasis is to
be placed on development within the TCEA Area.
The conceptual plan provides for no bicycle parking facilities. However, the conceptual
plan provides a preliminary design of the City Park along Military Trail as required per
the terms of the purchase contract as stipulated in the Request For Proposals. The
design should be revised to include bicycle parking facilities for the City Park and is
attached as a condition of approval. Furthermore, a bike rack should also be provided
adjacent to the tot lot area and is attached as a condition of approval.
Conservation Element Policy B-2.1 - The submission of a biological survey and a
habitat analysis shall accompany land use requests for plan amendments,
rezonings, and site plan approval. However, the requirements shall not apply to
small parcels, developed parcels, or where it is apparent that there are no such
resources.
Since the proposal involves a conditional use request, this Policy does not apply to this
application. However, the applicant has submitted a biological survey of the subject
property. The survey does not indicate the presence of any specially protected flora on
the subject property. The survey indicates the presence of gopher tortoise on the site of
the City Park to the east. The resolution of the gopher tortoise will need to be
addressed with the subsequent site plan application. As noted previously, a tree survey
will need to be submitted with the site plan application. The preservation and/or
relocation of existing native landscaping will be addressed at this time.
Conservation Element Policy B-2.2: Whenever and wherever significant or
sensitive flora and fauna communities are identified, plans shall be required to
preserve the habitat to the extent feasible, or provided for mitigation if
preservation is infeasible or inappropriate.
As noted above, a biological survey has been submitted that indicates the existence of
gopher tortoise on the adjacent property (City Park) to the east. The applicant will be
responsible for the preservation or relocation of these animals. Furthermore, there is
existing native vegetation on the property. In order to determine the maximum extent of
the preservation of this resource, a tree survey will need to be submitted, which will be
addressed during the site plan review.
Housing Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
Planning and Zoning Board S. ,~eport
Conditional Use Request- Bexley Park
Page 8
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
The project is located north of the L-31 Canal between Military Trail and Barwick Road.
The traffic study indicates that the majority (80%) of vehicle trips will enter and exit the
site from Military Trail. The surrounding uses are golf cart sales and agricultural to the
north, residential to the south (across the L-31 canal) and west (across Military Trail),
and vacant to the east. Nuisances generated by the proposed development such as
noise, odors and dust will have an insignificant impact on the nearby residential
neighborhoods. With respect to traffic, Military Trail is considered a principal arterial
road, which contains six lanes. The additional vehicle trips that will be added to this
roadway will not have a negative impact on the surrounding neighborhoods and can be
assimilated without lowering the level of service below "D."
Conservation Policy A-1.3: The City shall encourage the preservation of existing
groundwater recharge areas through sensitive site planning, including
maximizing open space, pretreatment of stormwater runoff, etc. In the case of
environmentally sensitive lands, such preservation may include sensitive
development under "planned development" concepts, exaction (public site
dedication provisions of the Land Development Regulations), and acquisition
(including the County Environmentally Sensitive Land Acquisition Program).
As noted previously, a conceptual engineering plan has been provided that indicates
stormwater runoff will be retained on site via a system of catch basins that divert water
to a retention lake on the PRD zoned property. Consequently, stormwater will be
allowed to recharge the local aquifer. Furthermore, the site is designed to maximize the
pervious areas by providing common open space areas and an expansive landscaped
entrance from Military Trial. Finally, the applicant will dedicate 10 acres to the City that
will be utilized as a park. The utilization of this area as a park will preserve 18% of the
property that will remain to recharge the City's groundwater.
Conservation Policy A-4.5: Water which flows in canals or drainage lakes shall
be used wherever possible for irrigation of golf courses and open space areas.
The possibility of such water use shall be explored during the review of any
development plans which are in proximity of such a water source.
The utilization of the retention lake needs to be explored as a source of irrigation for the
common areas of the development. A condition of approval is attached that this
resource be utilized if feasible. This will be addressed during the review of the site plan
application.
Open Space & Recreation Element Policy A-3.1: Tot lots and recreational areas,
serving children from toddlers to teens, shall be a feature of all new housing
developments as part of design to accommodate households having a range of
ages. This requirement may be waived or modified for residential developments
located in the downtown area, and for infill projects having fewer than 25 units.
Planning and Zoning Board St, ,'eport
Conditional Use Request - Bexley Park
Page 9
As noted previously, a tot lot is proposed at the recreation area on the PRD zoned
property. However, a tot lot should be provided on the PC zoned property to provide a
recreational amenity in a reasonable proximity to the west side of the development.
Open Space & Recreation Element Policy B-1.3: New developments shall provide
central points at entries and landscape buffers along the external (arterial,
collector) streets which service them. Back-lotting of individual homes along
such streets should be allowed only when special landscape buffers are provided
between the rear yard walls or fences and the right-of-way.
The proposed development provides a landscaped entrance along Military Trail that
includes a landscaped median within the entrance. This area also includes walls on the
north and south sides of the entrance. There are no homes within the project that
"back-lot" to Military Trail or the development road.
LDR Section 4.4.6(I) (Performance Standards)
Residential multiple family developments located in the PC zoning district are subject to
the standards of the RM zoning district (LDR Section 4.4.6). Pursuant to LDR Section
4.4.6(H)(1), a minimum density of six units per acre is established for duplex and
multiple family housing projects within the RM zone district. Density may exceed the
base of six (6) units per acre only after the approving body makes a finding that the
project has substantially complied with performance standards as listed in 4.4.6(I). In
no event shall a development's total density exceed 12 units per acres.
The proposed density of the development proposal is 10.60 dwelling units per acre. In
order to increase a project density beyond six (6) units per acre, the approving body
must make a finding that the development substantially complies with the performance
standards of the RM zoning district. The intent of the standards is to mitigate the
impacts of the additional density both internal and external to the site. The extent to
which a project meets the standards will determine the number of units per acre that will
be permitted. For example, if a project meets or exceeds all of the standards, and is
otherwise consistent with applicable standards and policies of the City's Comprehensive
Plan and Land Development Regulations, the maximum density is permitted. Projects
which only partially achieve these standards will be permitted a correspondingly lower
density. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be accomplished
through the use of traffic calming devices; street networks consisting of loops
and short segments; multiple entrances and exits into the development; and
similar measures that are intended to minimize through traffic and keep
speeds within the development at or below 20 m.p.h.
The conceptual plan provides a road connection to Military Trail and a connection to
the PRD zoned property, which has a connection to Barwick Road. Vehicular
access to the units is available from alleys and from a loop road. Given the short
lengths of these internal roadways, the speeds within this area will be minimized.
Planning and Zoning Board St, report
Conditional Use Request - Bexley Park
Page 10
Therefore, a finding can be made that the conceptual plan substantially complies
with this performance standard.
(b) Buildings are placed throughout the development in a manner that reduces
the overall massing, and provides a feeling of open space.
The development concept is commonly known as a traditional neighborhood design,
where the buildings are placed closer to the read. Access to the garages is from 20'
wide alleys along the rear of the units. This design reduces the front yards.
However, the amount of pavement visible from the road is also reduced and the
vista is improved since there will be no vehicles parked in the front yards. Thus, the
project substantially complies with this standard.
(c) Where immediately adjacent to residential zoning districts having a lower
density, building setbacks and landscape materials along those adjacent
property lines are increased beyond the required minimums in order to
provide a meaningful buffer to those lower density areas. Building setbacks
are increased by at least 25% of the required_minimum; at least one tree per 30
linear feet (or fraction thereof) is provided; trees exceed the required height at
time of planting by 25%_or more; and a hedge, wall or fence is provided as a
visual buffer between the properties.
The subject property is bordered on the north by AR (Agricultural Residential) zoning
and is located in the jurisdiction of Palm Beach County. The required setback along
the north side of the property is 10'. Therefore, a 12.5' building setback is required
along the north side of the property. The proposed development exceeds this
requirement since a 70' building setback is provided. The landscape plan provides
12'-high Green Buttonwood trees along the north property line. A condition of
approval is attached that 15'-high trees are planted 30' on center along the north
property line and that a hedge, wall or fence is provided within this area. Therefore,
a finding can be made that the conceptual plan substantially complies with this
performance standard, subject to the condition of approval.
(d)The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights (for
multi-family buildings, the planes of the facades are offset to add interest and
distinguish individual units). Building elevations incorporate diversity in
window and door shapes and locations; features such as balconies, arches,
porches, courtyards; and design elements such as shutters, window mullions,
quoins, decorative tiles, etc.
The front elevation of the triplex (villas) includes a covered porch with wood railing
and pre-cast concrete columns. The windows are double hung with wood shutters
and muntins. Foam banding has been added as a sill and header. The Spanish tile
roof includes hip and opposing gables. The gable includes a Styrofoam decorative
molding that appears to simulate a window. A horizontal Styrofoam band has been
added to the front elevation. The rear elevation includes similar treatment to the
front elevation. A second floor balcony is provided for the third unit. The side
elevations cannot be described since they have not been provided. The buildings
Planning and Zoning Board S'~ ,-~eport
Conditional Use Request - Bexley Park
Page 11
contain a 4' offset that will provide variation and interest to the streetscape. Since
the front facade represents two units, the Board may want to consider the extension
of the porch to both units together with a divider between the two porches such as a
wall or trellis to provide a sense of privacy.
With respect to the townhomes, there are four and five unit versions. It is noted that
the applicant has not submitted building elevations or floor plans for the four unit
buildings. The applicant has indicated that the architectural elements and details on
the four unit buildings are the same as on the five unit buildings. The five unit
buildings contain a Boston hip roof with opposing gables. The roofs will be finished
with a cement tile. The front elevation contains a 10.5' offset that breaks-up the
streetscape. The front fa(;ade contains two styles of windows with shutters and
sills. The three interior units will have front balconies with vertical picket railings.
The front doors contain two variations of a copper roof canopy. The first floor also
contains horizontal score lines. The side elevations contain balconies with columns
and a Boston hip roof. The windows of the third story contain shutters and sills. The
first floor windows appear to be double hung with sills and decorative headers. The
rear elevations contain windows with shutters and a variation of sills with decorative
headers. The rear elevation also contains quoins associated with an opposing hip
roof. The garage doors are multi-panel with decorative headers. A condition of
approval is attached that the four-unit building be submitted and that it matches the
style with respect to design and architectural treatment as the five-unit building.
The applicant proposes one color scheme for the triplex that consists of Tobacco
Road (greenish beige) for the body color, white trim, and Smokebush (green) for the
accents. The Townhomes also have one color scheme that consists of Oakbuff
(beige) for the body color, Restorative (light beige) for the trim color, Valley Forge
Blue (dark blue) for the accent color, and Safari Tan (dark beige) for the stucco
band. In order to provide more interest along the streetscape and provide more
definition between buildings, a condition of approval is attached that a minimum of
three color schemes be provided and approved by SPRAB for the triplexes and that
no two consecutive buildings contain the same scheme. With respect to the
townhomes, a condition of approval is attached that at least three color schemes are
provided and approved by SPRAB and that not more than two consecutive units
contain the same scheme.
Based upon the above analysis, the development substantially complies with this
standard provided the conditions of approval are addressed.
(e) A number of different unit types, sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes.
Multi-family housing will at a minimum have a mix of one, two and three
bedroom units with varying floor plans. Single family housing (attached and
detached) will at a minimum offer a mix of three and four bedroom units with
varying floor plans.
The development provides for four different variations of 3 and 4 bedroom
townhouse units and three different units within the villas that consist of two and
Planning and Zoning Board S, Report
Conditional Use Request- Bexley Park
Page 12
three bedroom units. Based upon the above analysis, the development substantially
complies with this standard.
(f) The development is designed to preserve and enhance existing natural areas
and/or water bodies. Where no such areas exist, new areas which provide
open space and native habitat are created and incorporated into the project.
Based on aerial photos and field trips, there is a significant amount of native
vegetation on the subject property (primarily Slash Pine). The conceptual plan
indicates that certain common areas will be used for habitat preservation. As noted
previously in this report, a tree survey will be necessary to determine the extent of
the preservation and to identify other opportunities where native habitat can be
preserved or relocated, in order to make a finding that the proposed development
complies with this performance standard a tree survey needs to be submitted and
the maximum amount of native habitat preserved, which is attached as a condition of
approval.
(g) The project provides a convenient and extensive bicycle/pedestrian network,
and access to available transit.
As mentioned previously, the development plan provides an extensive sidewalk
system that connects all portions of the property. The proposed pedestrian system
could be improved by providing a raised cross-walk along the main development
road. This would provide a traffic calming measure along this road and improve
pedestrian safety. ^ bus stop should be considered along Military Trail or combined
with existing stops. A bus stop in a more convenient location to the entrance of the
development will encourage residents and park visitors to utilize the mass transit.
The applicant should coordinate the location of a new bus stop or combination of
existing stop with Palm Tran and is attached as a condition of approval. If this is
feasible, a 10' by 30' easement should be provided and a bus shelter approved by
the City and Palm Tran and constructed by the applicant. This will be addressed in
further detail during the site plan review. Therefore, the development plan has
substantially complied with this performance standard provided that the conditions of
approval are addressed.
As described in the above analysis, the conceptual plan substantially complies with all
seven of the performance standards. However, four of the performance standards
require conditions of approval in order to make a finding that they comply with the
performance standard. Therefore, an increase of density can be supported based upon
compliance with the performance standards, subject to addressing conditions of
approval.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
Planning and Zoning Board St, {eport
Conditional Use Request - Bexley Park
Page 13
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered on the north by AR (Agricultural Residential) & GC
(General Commemial) (Jurisdiction of Palm Beach County), RM (Multiple Family
Residential - Medium Density) to the south, PRD (Planned Residential) to the east, and
AR Agricultural Residential) to the west. The adjacent land uses to the north is vacant
and golf cart sales; to the south across the L-31 Canal is the Country Manors multiple
family development; to the east is the vacant parcel that will be dedicated to the City as
a public park; and to the west across Military Trail is the Garden Estates single family
residential subdivision. The proposed development is separated from the existing
residential developments by the Military Trail right-of-way and the L-31 Canal. These
features together with the perimeter landscaping will sufficiently buffer the nearby
residential neighborhoods from any potential conflict the proposed multiple family
development may generate. Since the proposed residential development will not be
incompatible with the surrounding residential neighborhoods or create an instability with
respect to these neighborhoods, positive findings with respect to this section can be
made.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan was submitted
which staff has reviewed. If the Conditional Use is approved, a full site plan
submittal complying with LDR Section 2.4.3 will be required. Based upon staff's
review of the sketch plan and site inspections, the following analysis is provided.
Parking Requirements:
The development proposal includes 72 multiple family residential units. The parking
requirements for a multiple family project located in the PC zone district are calculated
as follows:
Base Parking Requirements
Use Parking Requirement Spaces Required
Residential Units
(72) 2+ bedroom units 2.00 spaces per unit 144.00
Guest Parking
Units 1-20 .5 per unit 10.00
Units 21-50 .3 per unit 9.00
Units 51-166 .2 per unit 4.40
Total 168
The conceptual plan exceeds the minimum parking raquiraments as 532 parking spaces
have been provided. The townhomes provide 2 parking spaces within two car garages
and 2 parking spaces within the driveways. The villas provide 4 parking spaces within
two single garages and a two car garage and 4 spaces within driveways. Finally, 22
parallel and 6 perpendicular guest parking spaces are provided.
Planning and Zoning Board St, .,~eport
Conditional Use Request - Bexley Park
Page 14
Building Setbacks:
Building Separation:
Pursuant to Land Development Regulation (LDR) Section 4.3.3(O)(3)(c), setbacks
interior to the project with respect to side and rear lot lines shall not be observed; but in-
lieu thereof structure (dwelling unit groups) shall not be located closer than 25' for a
two-story structure, nor 30' for a three story, or greater, structure. The two story villas
have a building separation of 15'. The three story townhomes have a have building
separation of 10'. The applicant has submitted a request for an internal adjustment
from the building separation requirement.
Front and Side Street Building Setbacks:
Pursuant to LDR Section 4.3.3(O)(3)(b), setbacks interior to the project shall be
measured from the platted street system. In accordance with LDR Section 4.3.4(K), the
required front setback for one and two story units is 25' and 30' for is required for three
story units. A 15' front setback is proposed. The required side street setback for one
and two story units is 25' and 30' is required for three story units. A side setback of 13'
is proposed for the two-story villas and 17' is proposed for the three-story townhomes.
The applicant has submitted a request for an internal adjustment from the building front
and side street setback.
Internal Adjustment:
Pursuant to LDR Section 2.4.7(C), adjustments to site and development plans may be
granted by the Board which is empowered to approve or deny the site and development
plan. Pursuant to LDR Section 2.4.7(C)(5) Findinqs: the body granting an adjustment
must find that the adjustment does not "diminish the practica/application of the affected
regulation, and that "by granting such relief a superior development project will result."
The proposed development is considered a Traditional Neighborhood Design (TND).
As such, the City's suburban style standard development regulations do not recognize
the unique development characteristics of a TND. The building side separation, front,
and side street setbacks are supportable since adequate area will be provided for air
and light circulation. The residents of this area will purchase homes with the knowledge
that the building setbacks have been reduced in exchange for a traditional
neighborhood. However, the side entry features of the villas should be located on
opposite sides of the units in order to increase the sense of privacy and increase the
separation between the buildings. This will enhance the quality of life and increase the
vista between the buildings and is attached as a condition of approval. Consequently, a
positive finding with respect to LDR Section 2.4.7(C)(5), Internal Adjustment Findings
can be made.
Open Space:
Pursuant to LDR Section 4.3.3(O)(4)(d) and 4.3.4(K), not less than 25% of the total
area, less water bodies, shall be usable open space, either for recreational or some
Planning and Zoning Board S', Report
Conditional Use Request - Bexley Park
Page 15
other suitable purpose, public or private. For the purpose of this section; streets,
driveways, garages, parking areas, and water bodies shall not be construed as usable
open space. The conceptual plan indicates that the PC zoned portion of the
development consists of 187,311 square feet (excluding the roads to be dedicated to
the City). The conceptual plan indicates that the open space consists of 71,151 square
feet, which equates to 38% open space, which exceeds the minimum open space
required.
Lot Coverage:
Pursuant to LDR Section 4.3.4(K), the maximum lot coverage in the RM zoning district
for multiple family projects in the PC zoning district is 40%. As noted above the PC
zoned property consists of 187,311 square feet after dedication of the roads. The
conceptual plan indicates that the building coverage consists of 57,340 square feet,
which equates to 30.81% lot coverage. Consequently, the proposed development
complies with the lot coverage requirement.
Ingress and Egress:
Pursuant to LDR Section 4.6.9(D)(2)(b), parking adjacent to an alley is required to
provide a combined minimum depth of 42' including the parking space and alley. The
combined depth of the 20' alley and 20' deep parking spaces for the units does not have
a combined depth of 42'. The applicant has submitted a request for an internal
adjustment to reduce the required distance.
Internal Adjustment:
Pursuant to IDR Section 2.4.7(C), adjustments to site and development plans may be
granted by the Board which is empowered to approve or deny the site and development
plan. Pursuant to/DR Section 2.4.7(C)(5) Findings: the body granting an adjustment
must find that the adjustment does not "diminish the practical application of the affected
regulation, and that "by granting such relief a superior development project will result."
As noted previously, the development is considered a traditional neighborhood design
that does not conform to the City's traditional development regulations. The subject
alleys will be utilized exclusively by the residents and guests of the development. The
speeds and volumes are not consistent with a denser urban environment. The alleys
adjacent to the villas have parking along one side only. Therefore, the vehicles will
have the benefit of overhanging the opposite side of the alley when backing. With
respect to the townhomes, 80' parking tier is essentially provided including the driveway
of the units on the opposite side of the alley. In this scenario, vehicles can also
overhang the opposite side of the alley while backing. Consequently, a positive finding
with respect to LDR Section 2.4.7(C)(5), Internal Adjustment Findings can be made.
Pavin;I Widths
Pursuant to LDR Section 6.1.2(C)(3)(a), the minimum paving width for the internal roads
is 24' and 20' is proposed. The applicant has requested an internal adjustment to
reduce the minimum width.
Planning and Zoning Board St ~eport
Conditional Use Request- Bex,~y Park
Page 16
Internal Adjustment:
Pursuant to LDR Section 2.4.7(C), adjustments to site and development plans may be
granted by the Board which is empowered to approve or deny the site and development
plan. Pursuant to LDR Section 2.4.7(C)(5) Findinqs: the body granting an adjustment
must find that the adjustment does not "diminish the practica/application of the affected
regulation, and that "by granting such relief a superior development project will result.,
The development proposal provides 20' drive aisles with 2' of valley curb and gutter on
both sides of the pavement. Pursuant to LDR Section 6.1.2(C), upon the
recommendation of the City Engineer, and with the approval of the Fire Marshal, the
City Commission may authorize a reduction in the minimum required width of paving if it
is determined that the requirements of this subsection would not be feasible or would
constitute a hardship in a particular instance and provided this reduction would not
endanger public safety and welfare.
The City Engineer has reviewed the request to reduce the pavement width from 24' to
20' and is in support of the reduction. The reduced pavement width will provide for 20'
of pervious surface which is bordered by a 2' valley curb on each side. While the city
standard does not provide for the reduced pavement width when using a valley curb,
this is an acceptable standard for many other municipalities and Palm Beach County.
The Fire Marshal is in support of the request. This proposed reduction will not affect
the neighboring area and will provide sufficient area for access and is adequate for
public facilities. The City has approved similar reductions elsewhere in the City.
Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver
Findings can be made.
The project is not in an area that requires review by the Community Redevelopment
Agency or Downtown Development Authority.
Site Plan Review and Appearance Board (SPRAB):
If Conditional Use approval is granted, a revised site plan must be submitted
accommodating the concerns raised through the conditional use petition, and
addressing outstanding technical items. Final action on the site plan will rest with the
SPRAB (Site Plan Review and Appearance Board).
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of
the subject property. Letters of objection or support, if any, will be presented at the
Planning and Zoning Board meeting.
Planning and Zoning Board St ?,eport
Conditional Use Request - Bexley Park
Page 17
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations, which
have requested notice of developments in their areas:
Barwick Ranch HOA
Country Manor COA
Rainberry Bay HOA
Progressive Residents of Delray (PROD)
President's Council
Unity Property Owners
Sabal Lakes Phase II HOA
Sabal Lake Phase III HOA
Rainberry Woods HOA
Chatelaine HOA
Delray Shores HOA
Pines of Delray HOA
Sabal Lakes HOA
Lake Forest South HOA
Letters of support and objection, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed conditional use is to allow for a multiple family residential development
with a density over six units per acre (10.60 units per acre) within the PC zone district.
The increase in density over six units per acre is supported as the project meets or
exceeds all seven of the Performance Standards found in LDR Section 4.4.6(I)(1),
contingent on the attached conditions. The proposed use is consistent with the policies
of the Comprehensive Plan and Chapter 3 of the Land Development Regulations.
Positive findings can be made with respect to Section 2.4.5(E)(5) regarding
compatibility of the proposed development with surrounding properties. It is noted that
pursuant to Section 4.4.6(I)(1), despite the recommendation that the project meets the
performance standards, the Board may deny the application for increased density if it is
determined that the proposed project does not substantially comply with the
performance standards.
Continue with direction.
Recommend approval of the Conditional Use and Internal Adjustment requests to
allow for a multiple family residential development with a density of 10.60
dwelling units per acre for Bexley Park, based upon positive findings with
respect to LDR Section 4.4.6(I), (Performance Standards), Section 2.4.5(E)(5)
(Required Findings for Conditional Use), Chapter 3 (Performance Standards) of
Planning and Zoning Board St {eport
Conditional Use Request - Bexley Park
Page 18
the Land Development Regulations, and the policies of the Comprehensive Plan
subject to conditions.
Recommend denial of the Conditional Use and Intemal Adjustment requests for
Bexley Park based upon a failure to made positive findings with respect to LDR
Section 4.4.6(I) (Performance Standards) and Section 2.4.5(E)(6) (Required
Findings for Conditional Use)
By separate motions:
Internal Adjustment:
1. Approve an Internal Adjustment from LDR Section 4.6.9(D)(2)(b), to reduce the
required depth of parking space and alley from 42' to 40', based upon positive
findings with respect to LDR Section 2.4.7(C)(5).
2. Approve an Internal Adjustment from LDR Section 4.3.3(O)(3)(b) & (c), which
requires front and side street setback of 25' for one-story buildings and 30' for two-
story buildings, and a 25' building separation for two-story structures and 30' for
three story structures, based upon positive findings with respect to LDR Section
2.4.7(C)(5), subject to the balconies being located on alternating sides of adjacent
villas.
3. Approve an Internal Adjustment from LDR Section 6.1.2(C)(3)(a), which requires a
minimum pavement width of 24' for local streets, based upon positive findings with
respect to LDR Section 2.4.7(C)(5).
Conditional Use:
Recommend approval of the request for Conditional Use to allow a Multiple Family
development with a density of 10.60 dwelling units per acre within the PC zone district
for Bexley Park based upon positive findings with respect to LDR Section 4.4.6(I)
(Performance Standards for Density), Chapter 3 (Performance Standards) and Section
2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the
policies of the Comprehensive Plan, with the following conditions:
Approval of a site plan by SPRAB that is in general conformance to the submitted
sketch plan and addresses the "Exhibit "A" - Technical Items" attached in the staff
report;
That a letter be submitted from the Palm Beach County Traffic Division that indicates
traffic concurrency for the proposed development prior to issuance of a building
permit.
3. That a tree survey be provided and ovedaid on the site plan.
Planning and Zoning Board St ,~,eport
Conditional Use Request - Bexley Park
Page 19
4. That a tot lot be provided along the west side of the property.
5. That a facility designed for teens such as a sport court be provided on the subject
property or within the PRD zoned portion of the development.
6. Bicycle parking facilities be included for the City Park along Military Trail and the tot
lot.
7. That the retention lake be utilized as a soume of irrigation for the common areas of
the development if feasible and further addressed during the site plan application
process.
8. That 15'-high trees are planted 30' on center along the north and west property lines
adjacent to the AR zoned property and that a hedge, wall or fence is provided within
this area.
9. That the four-unit building designs are submitted and that they match the style with
respect to design and architectural treatment of the five-unit building.
10.That a minimum of three color schemes be provided and approved by SPRAB for
the triplexes and that no two consecutive buildings contain the same scheme. With
respect to the townhomes, at least three color schemes are provided and approved
by SPRAB and that not more than two consecutive units contain the same scheme.
11 .That the applicant coordinates with the location of a new bus stop or combination of
existing stops with Palm Tran.
12.That the side entry features be located on opposite sides of the villas.
13.That the front porches of the villas are extended across the front of the building and
a divider provided between the units.
Attachments:
· Conceptual Plan
· Building Elevations
· Landscape Plans
Report prepared by: Scott Pape, Senior Planner
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THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER~.~ ~j~-~
PAUL DORLING, DIRECTOR OF PLANNING AND~Z/QN~NG
NGUYEN TRAN, SENIOR PLANNER ~ ~
MEETING OF JULY 8, 2003 - REGULAR AGENDA
FINAL BOUNDARY PLAT FOR A 42.39 ACRE ATLANTIC HIGH SCHOOL SITE
KNOWN AS OWENS BAKER PLAT, LOCATED ON THE NORTH SIDE OF WEST
ATLANTIC AVENUE, BETWEEN CORAL TRACE BOULEVARD AND LAKE WORTH
DRAINAGE DISTRICT (L.W.D.D.) E-4 CANAL.
On February 26, 2002, the Delray Beach City Commission (City) approved the Interlocal Agreement
between the School District of Palm Beach County and the City for the relocation of Atlantic High
School. Through this agreement, the City had to acquire the land, process all necessary land use
actions, obtain all necessary permits from outside agencies and convey fee simple title to all property to
the School Board in order to meet the construction schedule set forth in the District's Five Year Capital
Plan. Below is a brief summary of approval dates and actions leading up to the platting process.
March 19, 2002 - City Commission approves Resolution authorizing land acquisitions by gift,
purchase or eminent domain.
June 4, 2002 - City Commission approved resolutions authorizing the acquiring of properties
by eminent domain and the making of offers in certain eminent domain proceedings.
December 2002 - City conveys fee simple title to all properties to the School Board.
The subject property consists of a replat of a portion of Temple Sinai Plat (PB 46, PG 53), a portion of
Replat of Part of Breezy Ridge Estates (PB 24, Pg 116), all of Parkside Townhomes at Delray (PB 92,
PG 117) and several vacant tracts of land lying in Section 18, City of Delray Beach, Palm Beach
County Florida. The entire site is located on the north side of West Atlantic Avenue, between Coral
Trace Boulevard and L.W.D.D. E-4 Canal.
The boundary plat is divided into 2 tracts of land, Parcel "A" and Parcel "B". Parcel "A" is located on the
north side of the L.W.D.D. L-33 canal and is comprised of the Parkside Townhomes Plat and several
vacant tracts of land. Parcel "B" is located on the south side of the L.W.D.D. L-33 canal and is
comprised of a portion of Temple Sinai Plat and a portion of the Replat of Part of Breezy Ridge Estates.
Presently, Parcel "A" is vacant and the area platted as Parkside Townhomes was never constructed.
Parcel "B" is also vacant and all structures and improvements have been removed. In addition, an
agreement has been made between the School Board and Lake Worth Drainage District to fill in and
utilize the eastern portion of the L.W.D.D. L-33 Canal for parking, paving and piping purposes.
The current right-of-way width for West Atlantic Avenue adjacent to a portion of this property is 106
feet. The ultimate width for West Atlantic Avenue should be 120 feet. There is a need for an additional
right-of-way dedication of 14 feet (7' from each abutting property owner along West Atlantic Avenue).
The current plat shows a 7' right-of-way dedication along the Atlantic Avenue frontage.
The plat currently before the Commission is required for developments which will be dedicating rights-
of-ways and aggregating lots.
Plat Analysis: ~
Pursuant to LDR Section 2.4.5(K)(5), Findings: No specific findings are necessary for the
approval of a final plat for a minor subdivision except that when it is a boundary plat for a
City Commission Documentation
Meeting of July 8, 2003
Owens Baker Plat
Page 2
single parcel which is to be developed pursuant to an approved site and development plan, a
finding must be made by the City Commission that the final plat is consistent with the
findings made upon approval of the site and development plan.
According to Florida Statute 1013.33(13), a formal site plan approval is not required, but the site
development plan was submitted to the City for a courtesy review. After staff's review of the
proposal, the site plan was found to be consistent with the City's Comprehensive Plan; more
specifically with the Public Schools Facilities Element Policy B-1.4, Objective B-2, Policy B-2.5, and
the Future Land Use Element Objective D-3, Policy D-3.3, D-3.4, and D-3.5. The City has always
encouraged the location of schools be proximate to urban residential areas they will serve and also
locations that serve as community focal points. This proposed site is centrally located in relation to
the entire City of Delray Beach municipal boundaries and where public infrastructure to support the
development of the site is readily available. The site is within the County's urban services area and
will accommodate an upgraded high school which is identified in the School Districts Five Year
Capital Plan. The development is compatible with all adjacent land uses and is a permitted use
within the RM (Multiple Family Residential) and R-l-AA (Single Family) Zoning Districts. With the
above mentioned consistencies, a positive finding with respect to LDR Section 2.4.5(K)(5) can be
made.
Abandonment Analysis:
Pursuant to LDR Section 2.4.6(0)(1), public rights-of-way may be abandoned (returned) to the
adjacent property to the same degree in which it was originally obtained (i.e. property dedicated
exclusively from a single parcel shall be returned to that parcel; property dedicated through
subdivision shall be divided at the center line and returned equally to abutting parcels).
The proposed plat will vacate the street network within two platted subdivisions. The right-of-way being
abandoned within the plat of Parkside Townhomes At Delray is dedicated as Parkside Drive. The
rights-of-way being abandoned within a portion of the plat of Replat of Part of Breezy Ridge Estates are
dedicated as S.W. 1st Street, $.W. 23~ Avenue and S.W. 24th Avenue. It should be noted that $.W. 2"d
Street, S.W. 25th Avenue, S.W. 26th Avenue and a portion of S.W. 1st Street as shown on the western
portion of the plat of Replat of Part of Breezy Ridge Estates were abandoned and incorporated as part
of Temple Sinai of Palm Beach County plat. Since the School Board is the owner of the entire subject
area, the abandonment areas will be returned to the School Board.
Required Findings:
Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the
following findings must be made:
A) That there is not, nor will there be a need for the use of the right-of-way for any public
purpose.
Although the plat for Parkside Townhomes at Delray Beach was recorded, the site plan was
withdrawn and never received project approval from the City. Since the project was never
developed, the right-of-way (Parkside Drive) dedicated to serve the proposed development is
no longer needed for any public purpose. As with the right-of-way dedicated on the Parkside
Townhomes Plat, the rights-of-way incorporated in the Replat of Part of Breezy Ridge Estates
are also no longer needed to serve their intended purpose since all structures and
improvements have been removed from the entire site. By vacating the rights-of-way to
City Commission Documentation
Meeting of July 8, 2003
Owens Baker Plat
Page 3
B)
accommodate the construction of a new public high school, the public need for the use of the
rights-of-way will be better served.
That the abandonment does not, nor will not, prevent access to a lot of record.
The subject abandonment will not prevent access to any parcel, as all affected parcels will be
replatted into two parcels and primary access to the parcels will be taken from West Atlantic
Avenue.
c)
That the abandonment will not result in detriment to the provision of access and/or utility
services to adjacent properties or the general area.
All utility companies (FP&L, Adelphia, Bellsouth & Florida Public Utilities) have been notified
and existing facilities within the subject area have been either removed, abandoned or
relocated. All City facilities (water and sewer) have been removed from their existing location
and will be re-used elsewhere on site.
Pursuant to LDR Section 2.4.5(L)(5), Prior to approving a vacation of a recorded plat, the City
Commission must find that the abandonment of any affected public interest which had been
created by the plat or any public improvement which was to have been provided in
implementation of the plat, but which would not now be required, shall not have a significantly
adverse impact upon the City's ability to obtain, retain, or maintain public facilities or tests of
concurrency.
As previously mentioned, the rights-of-way created by the two plats (Parkside Townhomes at Delray
and Replat of Part of Breezy Ridge Estates) are no longer needed to serve their intended purpose. All
public facilities (Water and Sewer) have been removed and will be re-used elsewhere on site. By
vacating these two plats, there are no adverse impact upon the City's ability to obtain, retain or maintain
facilities since the entire area will be replatted as one unified development and new rights-of-way and
public facilities will be installed.
By separate motions:
· Approve the final boundary plat for Owens Baker Plat based upon positive findings with respect
to LDR Section 2.4.5(K)(5) (Minor Subdivision);
· Approve the final boundary plat for Owens Baker Plat based upon positive findings with respect
to LDR Section 2.4.6(0)(5) (Abandonment of Public Rights-of-Way); and
Approve the final boundary plat for Owens Baker Plat based upon positive findings with respect
to LDR Section 2.4.5(L)(5) (Vacation of Recorded Plats).
Attachments: Location Map, Reduced Plat, Reduced Site Plan
S3Planning & Zoning~BOARDS~CITY COMMISSION~Owen$ Baker Plat. doc
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OWENS BAKER Plat
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~/~
AGENDA ITEM # 6}~__. o REGUI..AR MEETING OF _IULY 8. 2003
REJECTION OF BIDS/SEAWAI.I. PARKS
DATE: JULY 3, 2003
This is before the City Commission for authorization to reject all bids received for the S.E. 3~a street
and N.E. 4th Street Seawall Parks Project and authorize staff to re-bid this contract later this year.
The first and second bids received had substantial errors and the third bid was above estimate.
Therefore, staff is requesting the rejection of these bids.
Recommend approval of the request to reject all bids received for the Seawall Parks Project and
authorize staff to re-bid this contract later this year.
S\City Clerk\chevelle folder\agenda mkRejecfionofBids.7.8.03
City Of Delray Beach
www.lVlyDelrayBeach.com
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager /,,,)~
Randal L Krejcarek, P.E., City Engineer
July 1, 2003
S.E. 3RD ST. & N.E. 4TH ST. SEAWALL PARKS
Rejection of Bids
Project #2001-039
The attached agenda request is for Commission approval to reject all bids for the above
referenced project. Four bids were received. The first and second bidders had
substantial errors in their bid amounts and the third bid was twice the first and second
bid amounts. For these reasons staff recommends that all bids be rejected and this
contract be re-bid in late August 2003.
Please place this item on the July 8, 2003 Commission Agenda.
Thanks!
Enc
cc: file
S:tEngAdmin~P~ojectst2001~OO1-O39[CONTRACT~agenda memo. doc
Date: July 1, 2003 AGENDA ITEM NUMBER:
AGENDA REQUEST
Regular Agenda __
Request to be placed on:
X Consent Agenda Workshop Agenda Special Agenda
When: July 8, 2003
Description of Agenda Item (who, what, where, how much):
The attached agenda request is for Commission approval to reject all bids for the
above referenced project. Four bids were received. The first and second bidders had
substantial errors in their bid amounts and the third bid was twice the first and
second bid amounts. For these reasons staff recommends that all bids be rejected and
this contract be re-bid in late AugugC2003. _
Department Head Signature: ~ ~/]C .~( ~X/~ ~_/~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
(if applicable)
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: ~/No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2001\2001-039\CONTRACT\agenda.doc
TO:
THRU:
FROM:
SUBJECT:
D,~;H ~CITY MANAGER
I~(~N HOGGA--~D,~SI~IOR PE'ANNER
MEETING OF JULY 8, 2003 *CONSENT AGENDA*
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2003-2
The action requested of the City Commission is initiation of Comprehensive Plan
Amendment 2003-1. Pursuant to LDR Section 9.2.1, amendments to the Plan must be
formally initiated by the City Commission.
By Florida State Statutes the City is allowed to process two Comprehensive Plan
amendments each year. This amendment represents the second amendment for the
year 2003. The amendment includes two (2) City initiated Future Land Use Map
amendments, one (1) privately initiated Future Land Use Map amendment, and several
minor text changes. A brief description of each item suggested for inclusion in the Plan
Amendment is listed below:
CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS:
City initiated Future Land Use Map amendment for approximately 45.5 acres from
RDA-2 (Redevelopment Area # 2) to CMR (Commerce), I (Industrial) and CF-C
(Community Facilities - Churches), pursuant to a Redevelopment Plan for the area.
The Redevelopment Plan is in process and will be adopted concurrent with this
amendment.
City initiated Future Land Use Map amendment from MD (Medium Density
Residential 5-12 DU/AC) to GC (General Commercial) in the following areas,
pursuant to the adopted Southwest Neighborhood Redevelopment Plan:
· Northwest Quadrant (from 1-95 to SW 8th Avenue, between Atlantic Avenue and
SW 3rd Street) - Expansion of the GO (General Commercial) designa,~tion to a
depth of approximately 400' from West Atlantic Avenue, between SW 8"' Avenue
and SW 12th Avenue; and
Frog Alley (from SW 4~ Avenue to SW 6th Avenue, between Atlantic Avenue and
S W 4th Street~ - Exnansion of the GC (General Commercial) designation t~
include the entire 1s bock south of Atlantic Avenue between SVV 4 and SW 5
City Commission Documentation
Initiation of Plan Amendment 2003-2
Page 2
Avenues and one-half block east and west of SW 5th Avenue approximately 1/3
block south of SW 1st Street.
PRIVATEL¥ INITIA TED FUTURE LAND USE MAP AMENDMENT:
[] Privately initiated Future Land Use Map amendment for approximately 0.509 acres
associated with Delray Harbor Club from TRN (Transitional) and OS-C (Open
Space, Conservation)to MD (Medium Density Residential 5-12 Units/Acre).
TEXT AMENDMENTS:
[] Modification of Future Land Use Element Policy C-2.3 to reflect adoption of a
Redevelopment Plan for Redevelopment Area #2 0Naliace Drive Industrial Area),
and that future development in this area shall be consistent with the Plan;
[] Creation of Future Land Use Element Policy C-1.7 to reflect completion of a
Neighborhood Redevelopment Plan for the Southwest Area and that future
development in this area shall be consistent with the Plan; and
[] Modification of the description for the Medium Density FLUM designation in the
Future Land Use Element to include provisions for increased density to
approximately 30 units/acre within the boundaries of a special oveday district within
the Southwest Neighborhood Area, subject to Conditional Use approval. This RM
Overlay district, between the GC zoned properties along West Atlantic Avenue and
SW 2nd Street, from SW 8th Avenue to SW 13th Avenue, is being created to
accommodate higher density residential development pursuant to the Southwest
Neighborhood Redevelopment Plan.
The tentative schedule for processing Plan Amendment 2003-2 is as follows:
July 8, 2003 Initiation by City Commission
July 21, 2003 Planning and Zoning Board Hearing
August 5, 2003 City Commission Transmittal Public Hearing
September 24, 2003 Receipt of ORC Report
October 20, 2003 P&Z Adoption Hearing
November 4, 2003 City Commission adoption
December 24, 2003 Effective date
City Commission Documentation
Initiation of Plan Amendment 2003-2
Page 3
By motion, recommend that the City Commission initiate Comprehensive Plan
Amendment 2003-2, containing the material stated in this staff report.
The Planning and Zoning Board considered the initiation request at their meeting of
June 16, 2002. There was no discussion by the public and the Board unanimously
recommended approval on a 5-0 vote (Mark Krall absent and Jess Sowards abstaining).
It should be noted that the City-initiated FLUM amendment for Redevelopment Area # 2
has been modification since its review by the Planning & Zoning Board to accommodate
existing uses on two properties. At the time of the Board's review, the proposed FLUM
designation for the entire redevelopment area was CMR (Commerce). The current
proposal is for the FLUM designation on the Calvary Bible Missionary Baptist Church
property, located south of SW 10th Street, between SVV 8th and SW 9th Streets to be
changed to CF-C (Community Facilities - Churches); and the Orkin Pest Control
property, located at the southeast corner of Georgia Street and Tangelo Terrace to be
changed to I (Industrial). The existing zoning on both of these properties is consistent
with these Future Land Use modifications.
By motion, approve the initiation of Comprehensive Plan Amendment 2003-2,
containing the material stated in this staff report.
Attachments: · Map of Proposed FLUM Amendments for Redevelopment Area #2
· Map of Proposed FLUM and Text Amendments for Southwest Neighborhood Area
· Map of Proposed FLUM Amendment for Delray Harbor Club
s:\planning & zoning\longrange\comp\amend 03-2\03-2 cc initiation.doc
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APARTMEN
--UTURE LAND
USE MAP
AMENDMENT
CHANGES WITHIN
REDEVELOPMENT
AREA NO. 2
RDA-2 OVERALL
BOUNDARIES
AREA TO BE
AMENDEDAS
"INDUSTRIAL(I)"
AREA TO BE AMENDED AS
"COMMUNITY FACILITIES-
CHURCH (CF43)'
AREA TO BE
AMENDED AS "COMMERCE (CMR)
W~ ~E
)ELRA Y
PLACE
CONDOS
L~J ST.
LORANDAc
TRAILER
PARK
THE
PLAZA
AT
DELRA Y
GC
S.E. 12TH RD.
LINTON
WOODS
BANYAN
TREE LANE
HARBOUR
SIDE
DOMAINE
DELRAY
4NYAN TREE
~LLAGE
OS'
-- TRN
ED(
0
tY
p-
Z
-VILLA
OLD HARBOUR
PLAZA
EDGE
LINTON
NA~ONS
BANK
CITY OF DELRAY BEACH, FL
PLANNING · ZONING DEPARTMENT
05-C
(OPEN SPACE -CONSERVATION)
TO
MD (MEDIUM DENSITY
RESIDENTIAL, 5-12 UNITS / ACRE)
BO LEVARD
DEL
FUTURE LAND USE
MAP AMENDMENT
MAP REF: LMA153
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CIT~ANA~R[
JEFFREY A. COSTELLO, PRINCIPAL FLANNE/R?~ ~" ---
MEETING OF JULY 8, 2003
INITIATION OF A CORRECTIVE SMALL-SCALE FUTURE LAND USE
MAP AMENDMENT AND REZONING FOR A PORTION OF THE
TRINITY LUTHERAN CHURCH PROPERTY~ LOCATED AT THE
NORTHWEST CORNER OF N. SWlNTON AVENUE AND LAKE IDA
ROAD.
The action requested of the City Commission is initiation of a corrective small-scale
Future Land Use Map Amendment from LD (Low Density Residential 0-5 du/ac) to CF-
(Community Facilities - Churches) and rezoning from R-l-AA (Single Family
Residential) to CF (Community Facilities) for a 0.81 acre portion of the Trinity Lutheran
Church property. Pursuant to LDR Section 2.4.4(A), the City Commission may initiate
an amendment to the Official Zoning Map as it pertains to any property within the City.
The property in question has been owned by the church for many years prior to the
Citywide rezonings and adoption of the Land Development Regulations in October
1990, at which time, the majority of the Church's properties were rezoned from R-l-AA
to CF.
Initiate a corrective small-scale Future Land Use Map Amendment from LD (Low
Density Residential 0-5 du/ac) to CF-(Community Facilities - Churches) and rezoning
from R-l-AA (Single Family Residential) to CF (Community Facilities) for a 0.81 acre
portion of the Trinity Lutheran Church property.
Attachment: Location Map
TRINITY
LUTHERAN
CHURCH
FUTURE LAND USE MAP
AMENDMENT& REZONING
400 N. SWlNTON AVE.
· V
- ZONING CHANGE -
FROM: R-l-AA (SINGLE FAMILY
RESIDENTIAL)
TO: CF (COMMUNITY
FACILITIES)
--FLUM CHANGE-
FROM: LD (LOW DESNSITY
RESIDENTIAL, 0~5 UNITS /
ACRE)
TO~ CF-C (COMMUNITY
FACILITIES-CHURCHES)
N,W. 3RD
N.W. 2ND ST. MARTIN LU~IER
CITY
ATTORNEY
BUILDING
KING dR.
CITY
HALL
ST.
ORIVE N.E. 2ND ST.
DELRAY BEACH
COMMUN'rTy REDEVELOPMENT
AGENCY
MEMO
To:
From:
Date:
RE:
David Harden, City Manager
Diane Colonna, CRA Executive Director
June 26, 2003
Appointment of CRA Chairman
Florida Statutes Chapter 163.356(c) states that the governing body of a municipality is
to designate the Chairman and Vice Chairman of the CRA Board. The CRA Board
appoints its own First Vice Chairman and Treasurer.
With the expiration of John Weaver's term at the end of this month, the office of
Chairman will be vacant. Howard Ellingsworth is the current Vice Chairman, Brenda
Montague is the First Vice Chairman, and Lamar Shuler is the Treasurer. If the
Commission appoints Mr. Ellingsworth as the Chairman, they will also need to appoint a
new Vice Chairman.
Please place the appointment of a new Chairman on the next City Commission meeting
agenda. Attached is a list of current members and their terms.
Thank you for your consideration of this matter.
c: Barbara Garito, City Clerk
Bob Federspiel, CRA Attorney
COMMUNITY REDEVELOPMENT AGENCY
4 YEAR TERM
104 W. Atlantic Ave.
Delray Beach, FL 33444
04/03
TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE
07/01/2005 W. Howard Ellingsworth, 2"d Vice Chair CPA Office: 276-7468
Appt 06/17/97 243 N.E. 5~h Avenue Home: 278-1899
Reapt06/~9/m Delray Beach, FL 33483 Fax: 276-7679
07/01/2006 Howard Lewis Business Owner Office: 276-5183
UnexpAppt04/15/03 2953 Sabalwood Court Home: 498-3651
Delray Beach, FL 33445
07/01/2004 Brenda B. Montague Real Estate Office: 278-3388
Appt06/20/00 2948 S. W. 22nd Circle, Apt. 5C 243-6325
Dekay Beach, FL 33445 Home: 272-0257
07/01/2005 Charles Ridley Counselor Home: 276-4223
unexpired term 01/08/02 137 SW 12~Avenue Cell: 271-5683
Dekay Beach, FL 33444
07/01/2005 James L Shuler Funeral Director Office: 265-022
unexpired term 05/15/01 606 West Atlantic Ave. Embalmer Cell: 441-1129
Reappt 06/19/01 Delray Beach, FL 33444 Fax: 265-2730
07/01/2007 Tom Carney Finance/Law Office: 278-5969
Appt 06/17/03 901 George Bush Blvd. Home: 278-1831
Delray Beach, FL 33483
07/01/2005 Franklin Wheat Realtor Office: 278-2628
UnexpAppt04/15/03 12195 South Dunes Road Home: 737-3600
Boynton Beach, FL 33436
Contact person: Executive Director Diane Colorma 276-8640
S/City Clerk/Board 03/CRA
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # C~ - REGULARMEETiNGOFJULY8,2003
APPOINTMENT TO THE CODE ENFORCEMENT BOARD
DATE: JULY 3, 2003
Pursuant to Ordinance No. 19-95, enacted April 4, 1995, failure to attend three 0) comecutive
regular meetings is defined as abandonment of office and requires automatic removal from the
committee. Mr. Stanley Watsky has missed three (3) consecutive meetings creating a vacancy for a
regular member for an unexpired term ending January 14, 2004. Mr. Epstien and Mr. Schuster are
currently serving as altemate members and would like to be considered for a regular member.
All members of the Code Enforcement Board must be residents of the City. Appointments to both
regular and alternate member positions shall be on the basis of experience or interest in the fields of
zoning and building control. The regular and alternate membership of the Board shall, whenever
possible, include an architect, a business person, an engineer, a general contractor, a subcontractor
and a realtor. Mr. Watskywas filling the position of a realtor.
The following have submitted applications and would like to be considered:
Mark Behar Property Management (Currently serving as alternate for Nuisance
Abatement Board, however would like to serve on a more active
Board/Committee.)
Business Owner (Currently an alternate)
Retired Law Enforcement
Fire Chemical Speclalkt (Currently an alternate)
Real Estate
Leonard Epstien
Gerry Franciosa
Glenn Schuster
Harvey Starin
A check for code viohtions and/or municipal liens was conducted. None were found with the
exception of Mr. Starin. Please see attachments. Voter registration verification was completed and
all are registered.
Based on the rotation system, appointment will be made by Commissioner Archer (Seat # 2).
Recommend appointment of one (1) regular member for an unexpired term ending January 14,
2004.
CE200101
Ci'- of Dalray Beach Florida ,
Case Inq_=ry - General Info~mat£on ~ames
Case nbr
Property ~d~r;s;,'I~ . .
Property Control Number
02 00013331
: 3498 HARBOR CIR
: 12 43 46 33 16 000 0390
4/Ol/O3
14:08:46
238360
Case atatus, desc
Case type, desc, es~bi
Origination code, desc
Default inspector ID
Tenant name, number
Case credit balance
AC ACTIVE
GC GENERAL VIOLATION CODE CASE
CC CITIZEN COMPLAINT
PN PIERRE NORMIL
.00
12/3o/o2
......................... PROPER~"f OWNER
Name . . : STARIN HARVEY D & DOROTHEA M
Address : 3498 HA/%BOR CIR
DELRAY BEACH
Print ltrs . : Y
CE202101
Phone :
FL Zip : 334838029
City of Delray Beach Florida
Case Text Xnquiry
4/Ol/O3
14:08:59
Case number ; . : 02 00013331
Property address,'ID : 3498 HARBOR CIR
Property Control Number' : 12 43 46 33 16 000
0390
238360
Tenant name, number :
Case aa~rative
SCREEN PORCH PATIO /.NO PERMITA~D INSPECTIONS...
SENT TO CEB
mS PERMIT.,NEED MORE TIME...POSPOND..3/20/03
Violation con~nents
PE~IT + INSPECTIONS REQUI~ ACTI~
PL~E OBTAIN BUI~ING PE~IT FOR ~W SC~ PORCH PATIO
INST~L~ ~u~Y ~ INSPECTIONS ~ ~SO ~QUIR~.
T~K YOU.
Inspection c~t~
PresS Enter to continue.
12/3o/o2
2/03/03
3/20/03
12/3o/o2
12/3o/o2
12/3o/o2
More***
F3-Exit F12.Cancel
3498 H~rbor Circle ·
April 2, 2003
Hon. JeffPerlman, Mayor
Delray Beach City Commission
Re: Application for Volunteer Appo~ent to a City Board
Dear Sirs/Mesdames:
In support of my recent applicalkm for appo~..tluent ~o a CiD, Board, it occurred to me that a bit of further
exphmation might be in order. Since I am volunteering for appo-'.a-.ent to the Code Enforcement Bored
(since it has cmrem vacancies), the Board of Adj~amm~t or Planning nnd Zoning, I wnnted to apprise you of
an odd situation in which I now find myself.
In January of fl~is yen~ I was informed by the City that a ro~ne ~.view of out of date permR ~
identified that a ce~ranctor I hired almost 4 years ago had applied for but f~iled to ever receive a building
permit for a job of ins~ling brick pavers in lhe bnck'ynrd of my townhouse in Pelican Harbor. I was
shocked, especially since I paid l~e company (Edgewater Pavers, now apparently defunct) a $45 permit fee.
Of eourse the work has long since been done, as was a ~mal! screen enclosure (done by F&M Screen) and a
canvas type awning installed by Delray Awning All the work was done at the same time, about 3 years ago,
under the auspices of Edgewater Paves.
After explaining the fncts I was told by one of the Permit Clerl~ in Planning and Zoning that I _~.~__ed to
simply apply for an "Owner/Builder' permit, and have a licensed mgineer inspect the work to certify its
compliance with proper codes. I lnlked to a Mr. Taurinski, of Taurinski Associntes in Boca Raton who said
he was suitably licensed and equipped to do the inspection once I had the permit.
During a lapse between finding out this info~ mation and applying for the permit, I received a further notice
indicating I vms to eome before the Code Enforcemem Board because of 1~e permit situation. When I
explained to Ms. Smith of Code Enforcenm~ that I was in ~he process of applying for the proper permit she
arranged for my appearance before 1~e Bom'd to be cancelled.
Last week I was notified that I needed to submit an additional drawing of the work that was done to
supplement the survey 1 provided. I am workin_o, ol] ~ now and expect to have it submitted within days.
My point in mentioning this is that I am --,,mpting to do what is required to remain in compliance with the
rules. I certainly hope to have this behind me soon.
Which br~gs me to this poim in ~ne. l am applying to serve on a Board out ofmy dmire to ~rve. I
n___tt_~ded the Resident's Academy in 2001 and found lhe governance of o~ city fnscinating and said to
myself at t~at time that as soon as I ~ms able I was going to volunteer to become more activc. My application
materials explain why I think I am a good candidate. I just hope that my cra'rent situation over my former
con, actor's failure to ge~ proper permits and my current _~ to remedy the situation will not prejudice
my ~ase for volumeerin~
In any re~a~ I ~ hope tim my ~rrm permlt situation will be long over and a part of anciem ~
by the time I am actually seated as a board member, should you agree to appoint me. I just wantzd you to
know lhe full story. Timnks for ymn' time and pa1~mce.
I~ELKAY BEACH
i
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
inforrr~tion:
2. HomeAddr~ss: ,/' "-
5. Home Phone: Bu~ess Phone: ~-~ Address: ~ C~ Phone:
6. ~e you a ,e~stered voter?'~,~ If~o,
7. ~atBoard(s) areyoumterestedmsen~g. Piease~st~orderofp~efe~nce:
10. ~st ~y related pmfesho~ cemficagons ~d hcenses whch you hold:
11. Give your presen~Ymost recent e~,e};
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 eun~g~.l/~i~Jl~' ~
IlAR 2 6 2003
1
13
National Republican Congressional Committee
BUSINESS ADviSORY COUNCIL
From the Office of the Chairman
CONGRESSMAN TOM REYNOLDS
FOR IMMEDIATE RELEASE:
This official "Press Release" is to announce that Mark J. Behar, a Local Resident
and Businessman from Delray Beach, Florida will be meeting and speaking with several
Members Of Congress up on Capitol Hill this week to talk abou! the tax related issues,
concerns, and problems facing local le al Small Business Owners" f~om Florida.
Mark will be meeting and speaking with Local Congressman Mark Foley (R-16.th) as
well on *March 19.th, regarding his views and opinions on how He and Congress can
help our Local Small Business Owners grow, when he's up on The Hill.
The National Republican Congressional Committee's - Business Adviso~ Council
has also scheduled a special awards presentation and ceremony on *March 18 in
Washington~ DC to present Mr. Behar with the "2003 Businessman Of The Year
Award"~ as a Delegate from Florida.
Several Members of Congress like House Majority Leader, Tom DeLay, and
NRCC Chairman, Tom Reynolds as well as other VIP notables will be in attendance to
personally present him with his award at an Award Luncheon. It will be a major event in
Washington.
Mr. Behar has also been invited and will be attending the "Congressional Tax Summit"
regarding the President's Economic Stimulus Plan.
Commenting on Mr. Behar's Award, Congressman Reynolds (R-NY) said, "On behalf
of all of my colleagues in the U.S. Congress up on Capital Hill and the National
Republican Congressional Committee, I warn to extend my personal THANK YOU to
Mr. Behar, for all of his accomplishments and his efforts over the pas~ year as a role
model for and as a Mentor to our new generation of Independent Small Business Owners,
and to say that this selection now places him among the elite Young American
Businessman who are the future of our nations economic growth".
OFFICIAL PBC RELEASE:
MR. MARK J. BEHAR
APPOINTED TO
PRESIDENTIAL BUSINESS COMMISSION
Washington, D.C. - Congressman Tom DeLay of Texas announced today that Mr. Mark J.
Behar of Delray Beach has been selected to serve the State of Florida on the new
Presidential Business Commission.
The PRESIDENTIAL BUSINESS COMMISSION (PBC) is an elite group of leading
business and professional people and political strategists who will be advising the
Republican leadership on how to protect the President's Majority in the House in the
upcoming elections. Mr. Behar was selected based on outstanding contributions as an
HonoraD' Chairman of the Party's Business Advisory Council. a position Mr. Behar still
holds. On the Presidential Business Commission. Mr. Behar is expected to play a key role
in helping the Part).' craft their strategy in the important closing weeks of the campaign.
Commenting on Mr. Behar's selection, Congressman DeLay said, ~The 2002 election will
be critical in determining the course of our nation, particularly in terms of tax relief and
national defense. I am ttu"flled m have Mr. Behar's expertise and input as a resource in the
final weeks. M Mr. Behar will also be invited to anend high level meetings in Washington,
and is expected to receive a special thank you picture of the President.
Press Release
Fi}R IMMI~I)I ATI;'
MR MARK J. BEHAR APPOINTED TO
CONGRESSIONAL BUSINESS COMMISSION
Washington D.C. - Congress-~n .lira R.vun of Kansas announced today that
,'Mr Mark J. Behar of Delray Beach, Florida has been selected to serve ou the new
Congressional Business Commission.
The CONGRESSIONAL BUSI.NESS CO.~LMISSION (CBC) is aa elite
group of leading business people and political mxategists who will be advising the
Republican Leadership on how ~o prnTee~ The Re?nhlian~ Mn.~or~y in the House in
the Fall Elections
Mr Behar was selected based on outstanding cona'ibutions as aa Honorary
Chain'mn of the Party's Business Advisory Council. On the CBC, Mr Behar is
expected m play a key role in helping the Party craft their campaign .~'rate~' lbr the
2002 elections, The CBC is commilled to supporting and recruiting riscally
consetx'a.~ive candidates who are committed to mx reduction and relief.
Co,~,~enting on Mr Behar's selection, Congressman Ryun said, "The 2002
election will be critical in determining the course of our nation. I am thrilled to have
Mr Behar's expertise and input as a rosource as we head reward Nos ember.
Mr Behar ~511 also be listed on the Congressional Business Honor Roll,
which will be displayed in the Republican Headquarters Building in Washington.
~#
Boca Raton New;
47t~ Year / Issue 294 DELRAY BEACH EDITION 1 8ecUon / 40 Pn~8 / 2
McBride campaign consultant out of a job
Boynton Beach
City Commission
Project Updates
· Be~hanOn Idemo~ Nos~t~'s Phys~an
Por~ifl~ LO~ FoliowJ~ · ~ dlseuntO~
betwoo~ pe~les, o I~ tree un,,er, dfl~
· City ~.,J~lo~ ~mt~l m~nomlc
Boynton Beach Businessma
Starts Mentoring Program
community who seek to ~et into the investment and
On ~M~' mu ~rne and a~ thnir owo expense they
Jo~ow their mcotor on a da~ hsis ~mt~ his day is
fminhed ~ve to om~n day~ a week. They do a]] the
.om_~. ~..;,o~ .o~-~..~..~ ~..~o~ ~. ~-~., n ~
as 811 lep~ sepec~, mcmam~ hung au necessary
documents and papers for le~. ma~ers a~ the Palm
Bench County Courthouses m Debay Beach and Wes~
Palm Beach, and of course any~ else that might
happen, arise, and/or bFeakdowo thronghcut the day.
'It's the rea] worM, renl~, hnds-oo, one-oo-one
Behor wants to Mm:h the oo~ fenerafion of
etm,q~reneurs the 'the nchool of hard knocks' u~.
Ma~t~g tl~ ruani~e' thnif ov~ b~lgble~.
· arum and afl, rude that I can #.,ch them r~ar(
lhe meat and potutues of ownin~ yoor owo small
business, I want to tench and train individuals
haw been told by othe, ts that they couMn*t do
something and/or can t succeed. I ted them 'Hey,
Mark considers himself a seE-made Imslnese~
estate inves~nent business. For more information.
Mark BeJur at (~61) 737-9605, or (~61) 2/9-2335.
Lobby
Vohmtee
Needed
Beach Clmmbor ~f
Commerce is r~:~-ui*b
voinnteem from the
commu~ to ~mt ~
day-t~day operations
the Chamber's V~situr
Information Center.
'lite V~sitofs
Information Center is
~pen from 9 Lin. to31
onday throngh Ff~d~
residents and busines.
IooJ~g for infom3a~o
the Boyntun Beach
commun~ and
attractions.
Volunteers have ~,
choice of working
mornings, afternoons,
day or more. Primary
responsibilities are ck
in nature with heavy
customer interaction c
the telephones and in
person. A goo~ ImowL
of the ~)ynton Bench
community is hetp~l;
· p~pngnn~ and a
courteous phone nmu
isa must.
For more infomm
cni] Enid or Connie at
Chamber at
.the committee because he In~r~ma~touaatheaimpler
l~-rfles tn B~ton Beach · Affordable health care.
mod D~my Bemch. [,le abo Is a ~'he prllident v~ to allow
stree~hen the SInI]I:Bull.
hamper ymmg entrepre* mAdn~niau~'aOl'flca
nounl, bela~s. Blhlrbalp~o- o~Advocac*~ to make sure
pooed to members o! Con. small*lmsJness'interestsare
,s to the nation'l cltplta], tionl that p~.v~nt renal] busi-
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RECEIVED
APR - 1 2003
05/10'03 ,][~*r 1£:09 F.~. ~SJ. ~43 3774 C'~'T'Y C~JEY~ '.
~ ~ITY OF DEI.RAY BEACH
RECEIVED
JUN !.1 2003
CITY CLERK
t
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please tTpe or print the followi~
1. Last Name:
2. Home Address: City Zip Code
3. Legal Residence: City State Zip Code
4. l~incipal Business Address: City Stat~ Zip Code
S. Home Phone: Business Phone: ~-Mail Address: Cell Phone: Fax:
6. A~re ~ ~registered voter? It' so..h~e arc you regiaten~d?
7. ,What _Board(s) arq you interested in i~ving? Pl~...~e ligt in order ofarefem~c~
8.~.,~st all,City Boards oa.w?ich you s:re &rr~ndy. serving o'} h~ve prevloasly served: (Please include
9. FAucational qualifications:
10; List an)' related professi?.n~ certifications and licenses which you lqold:
11. 'Give your present, or most recent employer, mad position:
I h~b~, c~. that all th~ above smtemenu ~re ~'L~C,--~:I I ~e ~d undmmad dmt ~y mimammeat ofm~tetial f~cts
etmtained in thi~ application m~y came forfeitm~ upon my ~ of my ~:,oia~--.eat I m~y
SIGNATURE DATE
~pplication will remain on file in the City Clerk's Office for a period of 2 ye~'s from the date it was
submitted. It will be the applicant's r~spons~b~ty to ensure that a
6//7
~/'/"kAR" 3,1 2003
~ITY Ol_ERK
My name is Glenn M Schuster, I am applying for a pos~on for the city board membership.
I moved to Delra>, Beach in 1993, so,far it has been the most difficult decisions I have had
to mak. e., At. the tim. e I wa.s working as a New York City Fire Inspector onthe lower east and
.w..es( s.,oes ~n ~ city aha as far north as 37th st. I have a extensive, background in the
ro,!ownc~ areas.^r .so.n investigation,effective company com..mand,h~gh rise/Fire and ifs
_saTety, Fla.mmable Hazar.~us Materials,Building Construction for the Fire Service,Fire
.~u. pp.r.e .ss~on a.r~. detect,on sy.s....tems,Prinoiplas of Fire Protection Chemistry; i happened to
nat.e~mat one., nave never written my text book education on any job application in Florida.
F ''~ .n~..v.e. t~..e, nty .y~a. rs in ~ fire protection sector all documentable.The system in the
.u.r~.Y is oifferent f was a New York City EM.T, I was trained in all aspects of Fire
Figh~d.'ng. Due to i.n. ju '_~ playing hockey for the Fire house and ~ wear a tear of firs heavy
smoK.e..etc:.~_T~,. F~.r.e ...D~f~. rtn2..ent promoted to represent the depa, b.ent in orimina and civi
court. Irdgaaon. s I o~d th~s mr rive years and all my elevations were either outstanding,very
gooo or gooo.
I am looking for something to do with the second half of , life and a
· my f~e ~ no applied for over 70
jobs., some wers ?.'vit service some were private sector My health problems did not effect
me but they effective my potential employers am in good shape have worked out for
tw.e..nty yea. r.s ~ have started.agai.n. I am a true professional, I am used to speaking in
ptm~,c ano Tee~ if given an opptumity you will be happy with my broad experiences. Th s s
~... only ~me I h~.ve ...writte. n a note to attach to my application but I need something to do
w~n..my ~me .a..no waiti..ng, ror .the drsadad day one of my parents doesnt wake up. This is a
rea~ ~er ano ~ nave a~ me Oocuments to support the 1st and 2nd paragraphs.
r~ 1/2
Glenn M Schuler
4585 A N.W. 3~ Street Delray Beach, Florida 33445
(561-499-0561)
Dedicated professional wi~ twenty years nm~,%nce
Through k:nowle.~8e oflql~A, New Ymk ~,,"~."~ d~,.~: .......
· --"~, -,,,,-,,~. e o~ ute s~,~c~ and &tectlcn smems of all types.
~J~FLOlq~ I~sTORY
11/91-11/~2 '""~; Se ccr,~oL
New Yc~k City Fire ~ent, New y~ y~~
~m ~ ~d vi~g~ ~ wh~ ~.
Belhn~'e, IVlf 11710
School l~pl~h l~O
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please type or print the foll~dn~ information:
State Zip Code
3. ~ Rmdmc~ ~ Sm~ ~p ~e
5. Home Phone: B~ess Phone: ~ A~s: C~ Phone: F~
Note: This application will ~.rn.in on file in the City Clerk's Office for a period of 2 yea~s fix~n ~he date it was
submitted. It will be the applicant's ~esponsibility to ensttre d~t a ctt~ent application is on file.
RECEIVED ~
#AR .~ 1 2003
CITY CLERK
Attachment to Section 12
City of Delmy Beach Board Member Application
I believe I am qualified to serve my city on one of its boards because of my
professional experience, my commitment to seeing our city grow end prosper in
an orderiy fashion, end my belief that the needs of all our citizens should be
served in a fair and compassionate manner.
First, I am a licensed and active Realtor~ in the City of Delray Beach. I em
committed to supporting a balance between our need for growth and
development and our desire to maintain our rich cultural heritage. I believe that
opportunities for growth and development should reflect and support both our
city's history as well as our need to supply all our residents with a wide range of
housing, educational, employment and entertainment opportunities.
My previous experience as a senior executive in the high technology industry
enables me to understand the impacts of budgets on growth and gives me the
ability to make the sometimes hard decisions required to balance 'ccc:ds" with
'wants.' As a manager familiar with strategic and long term planning I
understand the need for implementing orderly and controlled processes for
viewing a wide range of requirements and the benefits of consistency in any
review process.
Second, I feel a strong commitment to seeing our city grow and prosper. I wes
among the first graduates of the Delray Beach Resident's Academy (November,
2001) and found the experience both educational and inspiring. I learned a lot at
that time I promised myself that I would be back to take a larger part in making
our city one I wes proud of. As a resident I take pride in 'my city' and do all I can
to show that pride by attending events and taking an active part in city business.
I have attended numerous Commission meetings and leamed a lot about the
process of how our city govemment operates. Now I feel it is time to give
something back and participate in a way that will have an impact. Instead of just
talking about what happens, I want to volunteer to help make things happ?n.
Finally, I believe the needs of all our citizens should be served in a fair an~l
compassionate manner. The many boards in our city are charged with
implementing the rules and procedures by which we live. Rules make our
society ordedy and allow opportunities for all to live peacefully and in harmony.
Yet I believe those rules should be enforced with an eye toward the end result
they were intended to achieve. As such they must be dealt with in a fair,
responsible and compassionate manner that allows all city residents to enjoy the
city's benefits and its opportunities.
a498 HARBOR CIRCLE DELRAY BEACH, FLORIDA a34~3
HARVEY D. STARIN TEL ~61-272-t$6S - FAX ~61-243-6087 - EM.aJL: hstar n~aol.com
Strong Sales SkOr% Focused On Results & Customer Satisfaction
· Strong customer relationship management skills and extensive customer service experience
SMiled at customer development and sales.
· Highly organized time manager, adept at balancing multiple com~cting objectives
· Extensive customer facing direct sales and sales mnnn~oement experience
· Excellent writing and presentation skills.
Skilled tradeshow r~n~$er, from concept and theme development to show/booth ntqn~eme~t.
Licensed US Coast Guard Captain
EDUCATION
BS, Advmisiug ~d Marketing. Uaivm~ of Fl~ida
MBA, Unive~ity of Flerida
Kello~._e Sd~ool, Na'thwmlern University, Executive ~
SeuJor ~ Executive
Experienced in Marketing, hies, Strategic Planning, and Operations
2001 to 2002: Saratona Teleeom~ Ine.: National Retnil hies Manager. Hired, developed and managed
outside sales force sell~ng telecommunications services to and prepaid phone card products to the mnritime
industry nationwide. Performed direct customer contact. Developed retail sales ai, ntegles to increase volume
and market pen~t~,tion in this highly competitive industry. Developed and prepared reports for sales,
distribution, sales force productivity and demand forecasts.
1999 to 2000: e-exhibit.com. Boca Raton~ FL
Co-Founder and President of Internet Business-To-Business e-commerce startup venture with responsibility
for all activities associated with crenting and building the t',al Internct "Virtual Trade Show."
1997 to 1999: Lucent Te~hnoingies New Vemures Group~ Murray Hill NJ
General Manager- Persystant Technologies: Created and launched a new Lucent Internet stnrtnp venture for
the delivery of interactive t~alning over the Internct. Respons~le for negotiating and clo~ing ali initial test
customer and first service client contracts with Fortune 100 firms. Crmted the vision for the company, directed
software development and aH customer related activities in the multibillion-dolhtr adult learning, corporate
training market space.
1993 to 1997: Lueent TechnolonJes & AT&Tv BIBsktn~= Ridge~ NJ
General Manager- learning Works: Created and brought to market the Lucent Technoiogies-"Lsarning
Works" integrated solution business to address the multibillion dollar oppertun~ in applying high technology
to the m~i~ins and education market. Successfully initiated product te~-g and ~rst service sales with senior
a'aining and corporate etecutlves of partner £.~.
Director of~ and StrntegJc Jqamdng: CI~_ p,t and coached the teams that delivered high impact
custome~ sale support applications to support penetx~tion ofvJsoal communications products and network
services among large business customerS.
1988 to 1992: AT&T General Business Systems. PareiDDanv. NJ
Product Marketing Director. Respons~le for nH product marketing activities, Meting collateral
development, sales support materials, trade show management and execution and medin relations.
Other Experience:
AT&T Inf~ ~afion Systems: Branch Sales Mnnn~ - Ft. Laud~dale, FL and Atlanta, GA.
MEMORANDUM
OF CITIES, INC.
FROM: Michael Sittig, Executive DirectOr
DATE: June 10, 2003
SUBJECT:
77th Annual Conference - Celebrating Our Cities!
VOTING DELEGATE AND RESOLUTION INFORMATION
August 14-16, 2003 Wyndham Palace Resort & Spa
As you know, the Florida League of Cities' Annual Conference will be held at the Wyndham
Palace Resort & Spa in Lake Buena Vista on August 14-16. This year's theme, Building
Success Through Advocacy, will provide valuable educational opportunities to help Florida's
city officials serve their citizenry more effectively.
It is important that each city designate one person to be the voting delegate. Policy
development, election of League leadership and adoption of resolutions are undertaken during
the business meeting. One official from each city will make decisions that determine the
direction of the League.
Registration materials have already been sent to each city. Call us if you need additional
copies. We have attached the procedures your city should follow for presenting resolutions to
the League membership. Resolutions and Voting delegate forms must be received by the
League no later than July 31, 2003. Should you have any questions or need additional
information, please feel free to call Allison Payne or Stephanie Scott at Suncom 278-5331 or
(800) 342-8112.
Attachments:
Form Designating Voting Delegate
Procedures for Submitting Conference Resolutions
301 South Bronough, Suite 300 ,' Post Office Box 1757 · Tallahassee, FL 32302-1757
Telephone (850) 222-9684 · Suncom 278-5331 · Fax (850) 222-3806 · Internet: www.flcities.com
77th Annual Conference
Florida League of Cities, Inc.
August 14-16, 2003
Lake Buena Vista, Florida
It is important that each member city sending delegates to the Annual Conference of the
Florida League of Cities, designate one of their officials to cast their votes at the Annual
Business Session. League By-Laws requires that each city select one person to serve as the
city's voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may be
properly identified. ·
Designation of Voting Delegate
Name of Voting Delegate:
Title:
City of:
AUTHORIZED BY:
Name
Title
Retum this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
or Fax to Gail Dennard at (850) 222-3806
Procedures for Submitting Resolutions
Florida League of Cities' 77th Annual Conference
Wyndham Palace, Lake Buena Vista, Florida
August 14-16, 2003
In order to fairly systematize the method for presenting resolutions to the League
membership, the following procedures have been instituted:
(1)
(2)
(3)
(n)
(5)
Proposed resolutions must be submitted in writing, to be received in the League
office a minimum of 30 days prior to the first day of the annual conference.
Proposed resolutions will be rewritten for proper form, duplicated by the League
office and distributed to members of the Resolutions Committee at least 15 days
prior to the first day of the annual conference. (Whenever possible, multiple
resolutions on a similar issue will be rewritten to encompass the essential subject
matter in a single resolution with a listing of original proposers.)
Proposed resolutions may be submitted directly to the Resolutions Committee at
the conference; however, a favorable two-thirds vote of the committee will be
necessary to consider such resolutions.
Proposed resolutions may be submitted directly to the business session of the
conference without prior committee approval by a vote of two-thirds of the
members present. In addition, a favorable weighted vote of a majority of members
present will be required for adoption.
Proposed resolutions relating to state legislation will be referred to the appropriate
standing policy committee. Such proposals will not be considered by the
Resolutions Committee at the conference; however, all state legislative issues will
be considered by the standing policy committees and the Legislative Committee,
prior to the membership, at the annual Legislative Conference each fall. At that
time, a state Legislative Policy Statement will be adopted.
Cities unable to formally adopt a resolution 30 days prior to the first day of the conference
may submit a letter to the League office indicating their city is .considering the adoption of
a resolution, outlining the subject thereof in as much detail as possible, and this letter will
be forwarded to the Resolutions Committee for consideration in anticipation of receipt of
the formal resolution.
Important Dates
June 10, 2003
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions Committee
July 12
Appointment of Resolutions Committee Members
July 15
Deadline for Submitting Resolutions to the League office
July 25
Resolutions Mailed to Associations Confirming Nominees to the
Resolutions Committee
August 14
League Standing Committee Meetings
Resolutions Committee Meeting
Voting Delegates Registration
August 16
Immediately Following Luncheon - Pick Up Voting Delegate Credentials
Followed by Annual Business Session
Memo
To:
From:
Re:
David Harden - City Manager
Lula Butler - Director of Community Improvement
Request for a Waiver to Section 4.6.7(G)(7) of the Land Development
Regulations Govemin~ Sign in the Historic District
Date: June 13, 2003
Item Before the Commission:
City Commission consideration of a request to waive Section 4.6.7(G)(7) of the LDR's regulating the
type and number of signs permitted in Historic Districts. The request is from The Vintage Rose, 102 NE
1 st Avenue.
Background:
The Historic Preservation Board on June 4, 2003, considered a request from The Vintage Rose to approve
the application and the associated waiver to allow more than one free standing sign on the property. The
board also reviewed the request to allow an under canopy sign, which is in excess of the limit of two signs
per lot.
Section 4.6.7(G)(7) stipulates that signs for businesses located in the historic district are limited to not
more than one of any type nor more than two per lot. The board approved the request & Certificate of
Appropriateness for both the under canopy sign and the two free standing signs and recommended the
waiver to code. The staff report as reviewed and approved by the Board is attached.
Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant waivers to
this Section of the code governing signs after making a finding of fact based on one of the following: · Shall not adversely affect the neighboring area
· Shall not significantly diminish the provision of public facilities
· Shall not create an unsafe situation; and
· Does not result in the granting of a special privilege in that the same waiver would not be granted
under similar circumstances on other property for another applicant or owner.
Recommendation:
Staff is recommending approval of the waiver request to Section 4.6.7(G)(7) based on the finding and
recommendation of the Historic Preservation Board.
; Delray Beach, FL 33444
Single Sided, Free Standing
Identification Sign
Single Sided, Free Standing
Identification Sign
48'
Permit #03-84602
SW Elevation
48"x 48"= 16 Sq. Ft.
67"
39'
Permit #03-85058
South Elevation
39"x 39"=10.56Sq.Ft.
This sign is 1/3
Smaller than Permit
#03-84602
· 03-84602 Under Canopy -
64" ,
Under Canopy: 64"x 9" = 4 SF
COLOR SCHEDULE
Material: 1/2" Thick PVC
Background: ~ ~f~ to
match Building
Foreground: Dark Green, Blossom
Black
3125 South Federal Hwy
Delray Beach, FL 33483
561-278-7446 OFFICE
561-278-6431 FAX
L ~,
Permit #03-84602
S/S, F/S Sign
SW elevation
~ALLE¥
®
®
LOT lB
fi)
I:
~ 2nd S/S, F/S Sign \ ~Eastem Elevation
___ .~N.E..IST AVENUE
CITY OF: 9ELRfl¥ BEflEH
DELRAy BEACH
1993
2001
J~e5,2~3
Ms. Tamelyn Sickle
The Vintage Rose
102 NE 1st Avenue
Delray Beach, Florida 33444
DELRAY BEACH, FLORIDA 33444
102 NE l~t Avenue/COA 2003-194
Installation of three signs, an awnIng, and an associated waiver
Ms. Sickle:
The Historic Preservation Board completed its review of the Certificate of Appropriateness
application and the associated waiver to allow more than one flee standing sign on the
property during its meeting of June 4, 2003. Approval for the installation of the two free-
standing signs, an under canopy sign, canvas awning, and the associated waiver was
recommended subject to the following conditions:
1) That the area for the under canopy sign be reduced from 5 sq. ft. to 4 sq.
2) That the free-standing sign at the southeast comer of the property be reduced in size to
2/3 the original proposal.
3) That the free-standing sign at the southwest comer meet the required sight visibility
triangle per the City's Engineer.
once these conditions have been met, please submit revised copies to my attention and be
certain that the building permit application has been updated to address the Board's
conditions of approval. The waiver request is currently being processed by the Community
Improvement Department. Please contact Andrea Strohmer for further information regarding
the City Commission Meeting date and time for the review oftbe waiver. She can be reached
at (561) 243-7210.
My best to you for a successful project and thank you for your interest in the historic
preservation efforts of our community.
Sincerely,
Wendy Shay
Historic Preservation Planner
Cc: Community Improvement
Project Files: COA 2003-194
561/243 7000
~ Pr,htect on Recycled Paper THE EFFORT ALWAYS MATTERS
Agent:
Project Name:
Project Location:
Tamelyn Sickle
Vintage Rose
102 NE 1st Avenue
The action before the Board is a Certificate of Appropriateness associated with a Class I
Site Plan Modification for the installation of two free-standing signs, an under canopy
sign, and an awning on a contributing property, pursuant to LDR Section 2.4.6(J).
The subject property contains a frame vernacular, single family home located on the
south 1 1.5' o f Lot 1 5 and a II o f Lot 1 6, B lock 6 7, T own o f D elray in t he O Id School
Square Historic Arts (OSSHAD) zoning district. The property is located at the northwest
corner of NE 1st Street and NE st
1 Avenue. The two-story, contributing historic building
was constructed in 1939 and retains its historic integrity.
During its meeting of August 7, 2002, the Historic Preservation Board reviewed and
approved a COA and associated Class V Site Plan, Landscape Plan, and Design
Elements for the conversion of the contributing building from residential to retail
including the construction of a ten space parking lot, paver block walkways, and
associated landscaping. Construction is currently underway.
On February 19, 2003, the Board reviewed and approved Part I of the tax abatement
application for the improvements affiliated with the project referenced above.
The applicant i s n ow before t he Board t o review t he installation of two f ree-standing
signs, an under canopy sign, a canvas awning, and an associated waiver.
The project proposal is the installation of two free-standing signs and an under canopy
sign for a retail establishment. The proposed single-sided, free-standing signs will have
a curvilinear design and will be constructed of ½" pvc with decorative (treated) wood
posts and will be located approximately 8.5' east of the alley at the southwest corner of
the property (oriented diagonally) and 10' from the east property line (facing NE 1st
Meeting Date: June 4, 2003
Agenda Item: III.B.
, Vintage Rose 2003-194
102 NE Is~ Avenue
Page 2
Avenue) at the southeast corner of the property. The single-sided, under canopy sign
will a Iso b e constructed o f p vc a nd w ill b e Iocated under t he fascia o n t he first floor
porch of the south elevation. Each sign will display an Antique White face and posts to
match the trim on the building and will be adorned with painted red roses and green
vines. The proposed font will be dark green and outlined in black. The text will include
the property's address and "The Vintage Rose" with "A Unique Gift Shoppe" below on
each free-standing sign. The same color scheme and the title "The Vintage Rose" is
proposed on the under canopy sign. The free standing signs measure 48" (4') square
excluding the 4" sign posts and 70" (5'10") in height (including the decorative support
posts) and measures 16 sq. ft. in area. The under canopy sign measures approximately
72" (6') wide, 10" tall and is 5 sq. ft. in area. No lighting is proposed at this time.
The proposed project also consists of the installation of a forest green canvas, shed
style awning with scalloped edges o n t he front (east) fa(~ade above t he second floor
porch. The awning measures 26' in width and 1'6" in height and will project 9' from the
building. The awning will be supported by metal poles which will be partially concealed
behind the railing pickets on the second floor balcony. The awning will be anchored to
the building and is non-retractable.
Design Elements Analysis-Awning
LDR Section 4.5.1(E)(8)(g) "Development Standards" provides guidelines in
evaluating Certificates of Appropriateness for the alteration or addition of exterior
architectural features. The guidelines are as follows:
The Board Shall Consider:
A historic site, or building, structure, site, improvement, or appurtenance within
a historic district shall be altered, restored, preserved, repaired, relocated,
demolished, or otherwise changed in accordance with the Secretary of the
Interior's Standards for Rehabilitation, as amended from time to time.
(E)(8)(g) All improvement to buildings, structures, and appurtenances within a
designated historic district shall be visually compatible. Visual compatibility can
include but is not limited to: consistency in relation to materials, texture, and
color of the facade of a building in association with the predominant material
used in surrounding historic sites and structures within the historic district.
Awnin.q Analysis
The proposed shed awning is typical of those found throughout the district and is
appropriate in design, dimensions, and location. The treatment is reversible and will not
cause irreparable damage to the dwelling. The shed style with scalloped edges and
proposed dark green color compliments the frame style building and its present color
Vintage Rose 2003-194
102 NE 1st Avenue
Page 3
scheme. Positive findings can therefore be made with respect to Section 4.5.1(E)(4) and
(E)(8)(g).
SIGN REGULATIONS AND DESIGN GUIDELINES
LDR Section 4.6.7 (G)(l)(b) addresses Sign Design Standards for "Free-standing
Signs:"
A free-standing sign is not affixed to any other structure. It may be either a pole sign or
a monument sign. Neither the pole nor the base of the monument shall be considered in
calculation of the area of the sign face. A free-standing sign may not have more than
two faces.
LDR Section 4.6,7 (G)(1)(d) addresses Sign Design Standards for "Under Canopy
Signs:"
A sign hung from a canopy or roof of a walkway, It may be rigid or may swing. Such a
sign many not have more than two sign faces.
LDR Section 4.6.7 (G)(2)(b) addresses "Conformity with Surroundings" and
states:
The scale of the sign, in terms of area, shall be consistent with the scale of the building
on which it is to be painted and the neighborhood and streetscape where it is to be
located; but in no case shall it exceed the height limitations set forth in Subsection (7).
LDR Section 4.6.7 (H)(2)(a)-(c) addresses "Aesthetic Qualifications and
Standards"
The aesthetic quality of a building, or indeed of an entire neighborhood, is materially
affected by achieving visual harmony of the sign on or about a structure as it relates to
the architecture or the building or the adjacent surroundings. In addition to the
mechanical limitations on signs imposed in Subsections (G) and (I), the foftowing
aesthetic conditions must be met.
Scale: The scale of the sign must be consistent with the scale of the building on
which it is located or painted and the neighborhood in which it is located. Scale
shall also be considered in terms of Subsection (E) with respect to height and
area.
Gartshness: The overall effect of the configuration of color of a sign shall not be
garish. "Garish" signs are those that a re too bright o r gaudy, showy, gladng,
and/or cheaply brilliant or involving excessive ornamentation.
c) Conflict: The colors of a sign shaft not conflict with other signs already on the
building or in the immediate vicinity.
Vintage Rose 2003-194
102 NE 1s~ Avenue
Page 4
Design Guidelines
The De/ray Beach Design Guidelines state the following pertaining to signage:
Sign design and placement in an historic district or a historic site is an important
element. While preservationists believe the building facade is the best sign an owner
may have, the need for design guidelines refines the existing regulations adapting them
to the particular character of the specific location and site.
The district's character is maintained when signage does not cause visual disruption.
The sign should not obscure any architectural feature or detail, or interface with the
views and appreciation of the building. Signage should compliment and not overwhelm
or compete with the architecture.
The Secretary of the Interior's Standards for Rehabilitation
No direct reference is made to signage affecting historic structures, sites, or districts,
however, there is specific intent to project the importance of preserving "character-
defining" and distinctive features, and discussing scale and compatibility with respect to
new construction for historic structures and districts.
One such standard states:
New additions, exterior alterations, or related new construction shall not destroy
historic materials that characterize the property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, sca/e,
and architectural features to protect the historic integrity of the property and its
environment.
Waiver Analysis
Pursuant to LDR Section 4.6.7(G)(7), not more than one of any type of sign nor more
than two signs are permitted per lot, parcel, or development. The applicant has
requested a waiver to this requirement to permit the installation of two free-standing
signs on the property and a total of three signs on the property.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall
make findings that the granting of the waiver:
a.) Shall not adversely affect the neighboring area;
b.) Shall not significantly diminish the provision of public facilities;
c.) Shall not create an unsafe situation; and,
d.) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Vintage Rose 2003-194
102 NE 1st Avenue
Page 5
The Vintage Rose property, measuring 88'x126', does not warrant a third sign as the
majority of vehicular traffic will be concentrated on NE 1st Street, which is directed one-
way westbound although conversion of NE 1st Street from one-way to two-way traffic is
contemplated for the future. If the free-standing sign proposed by the alley is relocated
to the southern property line adjacent to the parking area (approximately 25' to the east
and oriented perpendicular to the street) and the under canopy sign is relocated to face
NE 1st Avenue on the east elevation, there will be adequate identification and signage
for pedestrian and vehicular traffic along both streets. Further, pursuant to LDR Section
4.6.7(G)(3)(h), no sign shall be located in such a manner that it will become a hazard to
automotive or pedestrian traffic nor shall any sign or lighting be placed as to obstruct the
vision of the driver or any motor vehicle where vision is necessary for safety. The
proposed sign location at the southwest corner of the site at the intersection of the alley
and N E 1 st Street w ill create a sight visibility obstruction and therefore has not been
supported by the City Engineer. Given the above analysis, the waiver request for an
additional free-standing sign will grant a special privilege as no other retail business in
the area displays more than two signs per property and the adjoining properties conform
to the same restrictions of traffic flow. While the establishment lies on a corner lot, there
is no justification that more than two signs per property are necessary to convey the
establishment's location and identity from NE 1st Avenue or NE 1st Street. While no
public facilities will be diminished, the proposed location of the free-standing sign at the
corner of NE 1st Street and the alley may create an unsafe situation as it diminishes the
sight visibility a t t hat corner. Based on t his analysis, positive findings with respect t o
LDR Section 2.4.7(B) cannot be made and a recommendation for denial of the waiver
request can be supported.
Conclusion
The proposed signage is appropriate in relation to the style, dimensions, and design in
the surrounding neighborhood. Per LDR Section 4.6.7(G)(3)(d), if the building is located
within the Old School Square Historic Arts District (OSSHAD), a sign may be placed
within the standard setback with the stipulation that it does not exceed 7' in height or 30
sq. ft. in area. As proposed, the free-standing signs meet this requirement, however,
pursuant to LDR Section 4.6.7(G)(7), an under canopy sign cannot exceed 4 sq. ft in
area. A s t he under canopy sign does not meet t his a rea requirement, a condition of
approval has been attached to reduce the under canopy sign area from 5 sq. ft. to 4 sq.
ff.
Further, denial of the waiver request would permit the installation of a one free-standing
sign on the property. An additional condition of approval has been attached to relocate
the proposed free-standing sign from the southwest corner of the property to
approximately 25' east of the proposed sign location and perpendicular to the street.
Based on these conditions, positive findings with respect to LDR Sections
4.6.7(G)(3)(d), 4.6.7(G)(7), the City's Design Guidelines, and the Secretary of the
Interior's Standards can be made.
· Vintage Rose 2003-194
102 NE 1st Avenue
Page 6
During its meeting of ,&pril 25, 2003, the Delray Beach Sign Review Committee
reviewed and approved the signs as proposed with the condition that the under canopy
sign be reduced to 4 sq. ft. in area pursuant to LDR Section 4.6.7(G)(7). The Committee
reviewed a second free-standing sign during their meeting of May 27, 2003. The
Committee did not support a second free-standing sign. They felt that the property will
be able t o achieve appropriate s ignage with t he addition o f directional signs into t he
parking lot available to them by code.
The Pineapple Grove Design Review Committee reviewed and approved the awning as
proposed during its meeting of May 8, 2003. No review of the signs was conducted by
this group.
Continue with direction.
,&pprove the CO,& associated with the Class I site plan modification for the
installation of a free-standing and an under canopy sign and a canvas awning
and the deny the associated waiver request for 102 NE 1st Avenue, Vintage
Rose, based upon positive findings with respect to LDR Sections 4.5.1(E)(4),
(E)(8)(g), 4.6.7.(G)(1)(b)and (d), (G)(2)(b), (G)(3)(d), (G)(7), (H)(2)(a-c), the
City's Design Guidelines, and the Secretary of the Interior's Standards for
Rehabilitation, and a failure to make 3ositive finding with respect to LDR Section
2.4.7(B), subject to conditions.
Approve the COA and waiver associated with the Class I site plan modification
for the installation of a free-standing sign, an under canopy sign, and a canvas
awning for 102 NE 1st Avenue, Vintage Rose, based upon positive findings with
respect to LDR Sections 2.4.7(B)(5), 4.5.1 (E)(4), (E)(8)(g), 4.6.7(G)(1 )(b) and (d),
(G)(2)(b), (G)(3)(d), (G)(7), (H)(2)(a-c), the City's Design Guidelines, and the
Secretary of the Interior's Standards for Rehabilitation, subject to conditions.
Deny the CO,& and waiver associated with the Class I site plan modification for
the installation of a installation of two free-standing signs, an under canopy sign
and a canvas awning for 102 NE 1st Avenue, Vintage Rose, based upon a
failure to make positive findings with respect to LDR Sections 2.4.7(B)(5),
4.5.1(E)(4), (E)(8)(g), 4.6.7.(G)(1)(b) and (d), (G)(2)(b), (G)(3)(d), (G)(7),
(H)(2)(a-c), the City's Design Guidelines, and the Secretary of the Interior's
Standards for Rehabilitation.
Vintage Rose 2003-194
.... 102 NE Is~ Avenue
Page 7
Waiver Request
Recommend to the City Commission denial of the waiver to LDR Section 4.6.7(G)(7) to
permit more than one of any type of sign or more than two signs on one parcel for 102
NE 1st Avenue, The Vintage Rose, based upon a failure to make positive findings with
respect to LDR Section 2.4.7(B)(5).
Certificate of Appropriateness
Approve the Certificate of Appropriateness for the installation of one free standing
located on the south side of the property, and an under canopy sign and a canvas
awning on the east elevation at 102 NE 1st Avenue, Vintage Rose, based upon
positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(8)(g), 4.6.7.(G)(1)(b) and
(d), (G)(2)(b), (G)(3)(d), (G)(7), (H)(2)(a-c), the City's Design Guidelines, and the
Secretary of the Interior's Standards for Rehabilitation, subject to the following
conditions:
1) That the area for the under canopy sign be reduced from 5 sq. ft. to 4 sq. ft.
2)
T hat the second free-standing sign be eliminated and that the first free-standing
sign be relocated from the southwest corner of the lot approximately 25' to the
east of the proposed sign location, perpendicular to the street.
Attachments: Survey, Sign and Awning specs
Report prepared by: Wendy Shay, Historic Preservation Planner
Date: July 1, 2003 Agenda Item No. ~
AGENDA REQUEST
X
When:
Agenda request to be placed on:
__ _ Regular __ Special
July 8, 2003
Description of Agenda Item:
Workshop __ Consent
Request for a Waiver to Section 4.6.7 (G)(7) of the Land Development Regulations
Governing Signs in the Historic District The Vintage Rose, 102 NE 1st Avenue
Ordinance/Resolution Required: Yes/~ Draft Attached: Yes /N~
Recommendation: Approval
Department Head Signature:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda: ~/
No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
Memo
To;
From:
Re:
David Harden - City Manager
.fL-.
Lula Butler - Director of Community Improvement ~][~)
Request for a Waiver to Section 4.6.7(G)(7) of the Land Development
Regulations Governing Sign in the Historic District
Date: June 13, 2003
Item Before the Commission:
City Commission consideration of a request to waive Section 4.6.7(G)(7) of the LDR's regulating the
number of freestanding signs per lot located in the Historic Districts. The request is from the Bull Bar, 2
East Atlantic Avenue.
Background:
The Historic Preservation Board on June 4, 2003, considered a request from the Bull Bar, to approve two
flat wall signs and an associated waiver to the sign code, for their business located on the southeast comer
of East Atlantic Avenue and South Swinton Avenue.
Section 4.6.7(G)(7) stipulates that signs for businesses located in the historic district are limited to not
more than one of any type per lot. The Historic Board concluded its review of the Certificate of
Appropriateness and approved the request for two flat wall signs with the associated waiver to the sign
code.
Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant waivers to
this Section of the code governing signs after rnhking a finding of fact based on one of the following: · Shall not adversely affect the neighboring area
· Shall not significantly diminish the provision of public facilities
· Shall not create an unsafe situation; and
· Does not result in the granting of a special privilege in that the same waiver would not be granted
under similar circumstances on other property for another applicant or owner.
Recommendation:
Staff is recommending approval of the waiver request to Section 4.6.7(G)(7) based on the finding and
recommendation of the Historic Preservation Board
[lTV OF DELRI:W
Ail-America City
Mr. Garat Oates
1993 Bull Bar, Inc.
2001 1174 SW 5t~ Court
Boca Raton, FL 33432
DELRAY BEACH, FLORIDA 33444
2 East Atlantic Avcnue/COA 2003-234-COA
Installation of two wall signs and an associated waiver
Mr. Oates:
The Historic Preservation Board completed its review of the Certificate of ApproptSateness
application and the associated waiver to allow more than one wall sign on the property
during its meeting of June 4, 2003. Approval for the installation of the two wall signs and the
associated waiver was recommended subject to the following conditions:
1) That the proposed color scheme for the signs compliment those colors found on_the
associated building and logo and change the proposed red background to claret.
2) That the wall sign for the west elevation be reduced in width from 48" (4') to 40" (3'
4") and reduced in height from 28" (2'4") to 24" (2').
3) That the copy on the sign proposed for the west elevation be outlined with a lighter
color for better exposure.
Once these conditions have been met, please submit revised copies to my attention and be
certain that the building permit application has been updated to address the Board's
conditions of approval. The waiver request is currently being processed by the Community
Improvement Department. Please contact Andrea Strohmer for further information regarding
the City Commission Meeting date and time for the review of the waiver. She can be reached
at (561) 243-7210.
My best to you for a successful project and thank you for your interest in the historic
preservation efforts of our community.
Sincerely,
Historic Preservation Planner
Cc: Community Improvement
Project Files: COA 2003-234
561/243-7000
THE EFFORT ALWAYS MATTERS
~ Printed on Recycled Paper
Agent:
Project Name:
Project Location:
Garat Oates, Owner
Bull Bar
2 East Atlantic Avenue
The action before the Board is a Certificate of Appropriateness for the installation of two
wall signs on a contributing property and an associated waiver, pursuant to LDR Section
2.4.6(J).
The subject property consists of Lot 6, Block 69 of the Town of Delray and contains a
1,763 sq. ft. contributing commercial building, constructed in 1913 in the Masonry
Vernacular style. The property lies at the southeast corner of South Swinton Avenue
and East Atlantic Avenue in the Old School Square Historic District. Zoned Old School
Square Historic Arts District (OSSHAD), the proposed bar will be located on the first
floor (northwest corner) of the building which provides the front and west elevations for
signage.
Dudng its meeting of June 6, 2001, the Historic Preservation Board (HPB) reviewed and
approved a wall sign for the tenant the "Ice Lounge." An original submission was
considered by the Board on May 2, 2001, however, upon review, the Board directed the
applicant to return with a revision to the dimensions and the character of the sign which
was originally 72" (6') wide and 42" (3'6") high and included light blue in the color
scheme. The applicant resubmitted the design to orient the sign vertically rather than
horizontally, reduced the measurements to 24" (2') in width and 72" (6') in length, and
eliminated the light blue color which was approved and installed.
During its meeting o f February 7, 1 996, t he Board reviewed a proposal for elevation
changes to the contributing buildings at 2 E. Atlantic Avenue and 11 So Swinton Avenue
which included the application of an exterior stucco finish, an exterior paint change,
removal of brick veneers, clay tile features, and pilasters, installation of lighting,
alteration of the parapet and roof line, and installation of doors. The alteration of the
building w as approved, however, t he approval period expired prior t o initiation of t he
project and the applicant returned to the Board for re-consideration of the project on
March 3, 1999. The Board reviewed and approved the project at this time and the
project was undertaken.
Meeting Date: June 4, 2003
Agenda Item: III.E.
Bull Bar 2003-234-COA-HPB
2 E. Atlantic Avenue
Page 2
The applicant is now before the Board for review and approval of two wall signs and an
associated waiver.
The applicant proposes the installation of two wall signs constructed of urethane with a
sandblasted finish. The oval shaped sign on the front fa(~ade (E. Atlantic Avenue) will
display the "Bull Bar" text with a bull fish logo centered between the two words while the
west facade sign (S. Swinton Avenue) will display the "Bull Bar" with "Established 2003"
below and the bull fish logo centered atop the text. Both sign faces will be painted red
with a black text and frame and incorporate a multi-colored bull fish logo (blue, green,
and yellow). The main sign will be located between the first and second floors above the
existing awning while the secondary sign will be located on the northwest corner of the
west elevation between the first and second floors. The wall sign on the north elevation
measures 144" (12') wide by 12" (1') high and 2" in depth with a sign area of 12 sq. ft.
The wall sign on the west elevation measures 48" (4') wide by 28" (2'4") high and 2" in
depth with an overall area of 9.3 sq. ft. No lighting is proposed at this time.
The proposal includes a waiver to LDR Section 4.6.7(G)(7), which states that no more
than one of any type of sign or more than two signs within one lot, parcel, or
development.
The Delrey Beach Sign Review Committee reviewed the locations and sign design and
dimensions during its meeting on May 27, 2003. The Committee recommended that the
color of the copy match the green of the neighboring "Safari Steakhouse" fiat wall sign
(a dark green) and that the proposed red background behind the logo be decided per
the Historic Preservation Board's discretion. They further recommended that
consideration be given to replace one of the fiat wall signs with a projecting sign.
The Board shall consider:
SIGN REGULATIONS AND DESIGN GUIDELINES
LDR Section 4.6. 7 (G)(1)(a) addresses Sign Design Standards for "Wall Signs"
A flush mounted sign. There is one sign face for a wall sign. A wall sign shall not project
more than eight inches from the wall upon which it is mounted. Types of wall signs are
canopy signs, mansard signs, and painted signs.
Bull Bar2003-234-COA~HPB
2 E. AtlanficAvenue
Page 3
LDR Section 4.6.7 (G)(2)(b) addresses "Conformity with Surroundings" and
states:
The scale of the sign, in terms of area, shall be consistent with the scale of the building
on which i t is to be painted a nd the neighborhood a nd s treetscape where it is t o b e
located; but in no case shall it exceed the height limitations set forth in Subsection (7).
LDR Section 4.6.7 (H)(2)(a)-(c) addresses "Aesthetic Qualifications and
Standards"
The aesthetic quality of a building, or indeed of an entire neighborhood, is materially
affected by achieving visual harmony of the sign on or about a structure as it relates to
the architecture or the building or the adjacent surroundings. In addition to the
mechanical limitations on signs imposed in Subsections (G) and (I), the following
aesthetic conditions must be met.
Scale: T he scale of the sign must be consistent with the scale of the
building on which it is located or painted and the neighborhood in which it
is located. Scale shall also be considered in terms of Subsection (E) with
respect to height and area.
Garishness: The overall effect of the configuration of color of a sign shall
not be garish. "Garish" signs ara those that are too bright or gaudy,
showy, glaring, and/or cheaply brilliant or involving excessive
ornamentation.
c) Conflict: The colors of a sign shall not conflict with other signs already on
the building or in the immediate vicinity.
Design Guidelines
The Delray Beach Design Guidelines state the following pertaining to signage:
Sign design and placement in an historic district or a historic site is an important
element. While preservationists believe the building facade is the best sign an owner
may have, the need for design guidelines refines the existing regulations adapting them
to the particular character of the specific location and site.
The district's character is maintained when signage does not cause visual disruption.
The sign should not obscure any architectural feature or detail, or interface with the
views and appreciation of the building. Signage should compliment and not overwhelm
or compete with the architecture.
Bull Bar 2003-234-COA-HPB
2 E. Atlantic Avenue
Page 4
The Secretary of the Interior's Standards for Rehabilitation
No direct reference is made to signage affecting historic structures, sites, or districts,
however, there is specific intent to project the importance of preserving "character-
defining" and distinctive features, and discussing scale and compatibility with respect to
new construction for historic structures and districts.
One such standard states:
New additions, exterior alterations, or related new construction shall not destroy
historic materials that characterize the property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, sca/e,
and architectural features to protect the historic integrity of the property and its
environment.
Waiver Analysis
Pursuant to LDR Section 4.6.7(G)(7), not more than one of any type of sign nor more
than two signs are permitted per lot, parcel, or development. The applicant has
requested a waiver to this requirement to permit the installation of two wall signs on the
property.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall
make findings that the granting of the waiver:
a.) Shall not adversely affect the neighboring area;
b.) Shall not significantly diminish the provision of public facilities;
c.) Shall not create an unsafe situation; and,
d.) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
As the building sits directly on the comer of East Atlantic Avenue and South Swinton
Avenue, there are a limited number of options for signage. Therefore, the proposed wall
signs are appropriate for the location and scale of the building. In addition, as corner
lots are permitted more than one sign and the installation of a free standing or projecting
sign is not a viable option, the request can be supported. Given the above analysis, the
waiver request for two wall signs for the property will not grant a special privilege.
Further, no public facilities will be diminished and the installation of two signs will not
create unsafe situations. As neither of the proposed signs exceeds the required 30 sq.
ft. area per LDR Section 4.6.7(G) or will project more than eight inches, positive findings
with respect to LDR Section 2.4.7(B) can be made to supported a recommendation for
the waiver.
Bull Bar 2003-234-COA-HPB
2 E. Atlantic Avenue
Page 5
Conclusion
The proposed signage is appropriate in relation to the style and design of the signage in
the surrounding neighborhood. The signs compliment those found on the surrounding
propedies such as The Rectory, Safari Steakhouse, and Sweet Art by Lucila and are
necessary as the buildings lies on a corner lot with zero front a nd side setbacks. I n
addition, the sign meets the required wall sign standards as stated in LDR Section
4.6.7(G)(1)(a) as it will not project more than 8" from the walt. While the secondary wall
facing South Swinton Avenue meets the requirement for area, the scale is too large for
the proposed location on the building as required by LDR Section 4.6.7(H)(2)(a). It is
therefore recommended that the sign be reduced in width from the proposed 48" (4') to
36" (3') and reduced in height from 28" (2'4") to 24" (2'). This has been attached as a
condition of approval.
Further, the proposed color scheme does not compliment that found on the building.
The red color is garish as it relates to the other colors found on the building. The red
should be used as an accent color (such as a border) or changed to a dark burgundy
which would be more refined. It is recommended that the colors be re-considered to
incorporate the existing colors on the building such as forest green, yellow, and white or
those found in the bull fish logo. This has also been attached as a condition of approval.
Positive findings with respect to LDR Sections 4.6.7(G) and (H)(2)(b) and (c), the Delray
Beach Design Guidelines, and the Secretary of the Interior's Standards can be made
once the conditions of approval relating to the proposed color scheme and the
dimension of the sign proposed for the west elevation have been addressed.
Ao
Continue with direction.
Approve the COA for the installation of a sign for The Bull Bar, 2 E. Atlantic
Avenue, based upon positive findings with respect to LDR Section 4.6.7.(G)(1)(a),
(G)(2)(b), (G)(7), and (H)(2)(a-c), the Delray Beach Design Guidelines, and the
Secretary of the Interior's Standards for Rehabilitation, subject to conditions.
Deny the COA for the installation of a sign for The Bull Bar, 2 E. Atlantic Avenue,
based upon a failure to make positive findings with respect to LDR Section
4.6.7.(G)(1)(a), (G)(2)(b), (G)(7), and (H)(2)(a-c), the Delray Beach Design
Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.
Bull Bar 2003-234-COA-HPB
2 E. Atlantic Avenue
Page 6
Waiver
Recommend to the City Commission approval of the waiver to LDR Section 4.6.7(G)(7)
to permit more than one of any type of sign or more than two signs on one parcel for 2
E. Atlantic Avenue, The Bull Bar, based upon positive findings with respect to LDR
Section 2.4.7(B)(5).
Certificate of Appropriateness
Approve the Certificate of Appropriateness for the installation of two wall signs for The
Bull Bar, 2 E. Atlantic Avenue, based upon positive findings with respect to LDR
Section 4.6.7.(G)(1)(a), (G)(2)(b), (G)(7), and (H)(2)(a-c), the Delray Beach Design
Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to
the following condition:
1) That the proposed color scheme for the signs compliment those colors found on
the associated building and logo.
2) That the wall sign for the west elevation be reduced in width from 48" (4') to 36"
(3') and reduced in height from 28" (2'4") to 24" (2').
A~tachments: Elevations, Sign Details, Color/Logo Samples
Report prepared by: Wendy Shay, Historic Preservation Planner
Date: July 1, 2003 Agenda Item No. ~
AGENDA REQUEST
X
When:
Agenda request to be placed on:
__ _ Regular __ Special
July 8, 2003
Description of Agenda Item:
Workshop __ Consent
Request for a Waiver to Section 4.6.7 (G)(7) of the Land Development Regulations
Governing Signs in the Historic District - Bull Bar, 2 East Atlantic Avenue
Ordinance/Resolution Required: Yes N~ Draft Attached: Yes/N~
Recommendation: Approval
Department Head Signature: ~~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda:(~/No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
TO:
THRU:
FROM:
SUBJECT:
p~T. HA~C~TY MANAGER
,A~,~LI~ECTOR OF PLANNING & ZONING
S~O'I:T ARONSON, P.~RKING MANAGEMENT SPECIALIST
MEETING OFJULY8,2003-REGULAR AGENDA
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 4.6.9(E)(3)(d) WITH REGARDS TO PAYMENT OFIN-LIEU
FEES
City Commission recently directed staff to review Land Development Regulations (LDR)
Section 4.6.9(E)(3)(d) to address a concern that the requirement for payment in full in areas
1 and 2 might be too burdensome and therefore stifling to development in those areas.
Additionally, staff reviewed the requirement that payment be made in full at the time of
submission of a building permit application.
Staff's review of these two requirements resulted in the following recommendations:
1. Extend the option to pay the in-lieu fee in installments through an approved "In-Lieu
Of Parking Fee Agreement" to property owners in areas 1 and 2 and,
2. For property owners opting to pay in full or lessees of properties, make the payment
of the in-lieu fee due upon issuance of a building permit.
This shall be achieved by amending LDR Section 4.6.9(E)(3)(d) as outlined in Ordinance 17-
03 (attached).
Parking Management Advisory Board (PMAB): The proposed amendment was reviewed
by the PMAB on February 25, 2003. The Board unanimously recommended approval.
Community Redevelopment Agency (CRA): The proposed amendment was reviewed by
the CRA on March 27, 2003. The Board consensus was to recommend approval.
Downtown Development Authority (DDA): The proposed amendment was reviewed by the
DDA on April 16, 2003. The Board unanimously recommended approval.
Planning & Zoning (P&Z): The proposed amendment was reviewed by P&Z on June 16,
2003. The Board unanimously recommended approval.
By motion, adopt Ordinance 17-03 amending LDR Section 4.6.9(E)(3)(d) extending the
availability for property owners in areas 1 and 2 to pay fees in installments through an
approved In-Lieu Of Parking Fee Agreement and change the provision for payments made in
full to be due upon issuance of a building permit.
Attached: [] P&Z Staff Report
[] Ordinance 17-03
ORDINANCE NO. 17-03
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 ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION (E), "LOCATION OF PARKING
SPACES", PROVIDING THAT OWNERS OF PARCELS LOCATED IN
AREA 1 AND AREA 2 IN ADDITION TO AREA 3 AND AREA 4 MAY
PAY IN-LIEU FEES IN INSTALLMENTS THROUGH AN IN-LIEU OF
PARKING FEE AGREEMENT AND THAT ALL IN-LIEU FEES PAID
IN FULL SHALL BE DUE UPON THE ISSUANCE OF A BUILDING
PERMIT; 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 June 16, 2003 and voted __ to __ to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida 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 Section Article 4.6, "Supplemental District Regulations", Section 4.6.9,
"Off-Street Parking Regulations", Subsection (E), "Location of Parking Spaces", 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:
(E) Location of Parking Spaces:
(1) Street parking, parking located in the public right-of-way, or parking located in
public parking facilities shall not be used to satisfy on-site parking requirements. The terms "on-
site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of
Section 4.6.9(E)(3)(e), the cost of construction of additional on-street public parking may be used
to offset the total dollar amount due under an in-lieu fee agreement with the City.
(2) Required off-street parking shall be provided on the same lot, or parcel, as the
building and uses for which it is required, except as provided for within this Subsection (E).
(3) In-Lieu Fee: If it is impossible or inappropriate to provide the required number of
on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu
of providing such required parking, pursuant to the following provisions:
(a)
The in-lieu fee is authorized only in the CBD, CBD-RC, OSSHAD, and GC
(West Atlantic Avenue Overlay District) Zoning Districts in compliance with
the Supplemental District Regulations provisions therein.
Co)
Arrangements for payment shall be approved by the City Commission at the
time of the approval of the in-lieu fee. The fee amount shall be based upon the
location of the property for which in-lieu fees are being sought. Area
descriptions and corresponding fee amounts are hereby established as follows:
(See page 4646 - A for corresponding map).
(1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned
CBD - $14,000 per space.
(2)
Area 2: Parcels located west of the Intracoastal Waterway which are zoned
CBD or CBD-RC and which are not included within the Pineapple Grove
Main Street area - $12,000 per space.
(3)
Area 3: Parcels located within the OSSHAD zoning district and parcels
located within the Pineapple Grove Main Street area which are zoned CBD
or CBD-RC - $6,000 per space.
(4) Area 4: Parcels located within the West Atlantic Avenue Overlay District
which are zoned GC - $4,000 per space.
(c) All proceeds from such a fee shall be used for parking purposes.
(d)
.................................... & ~- ........ t-r .......... For prope owners
opting to pay in full, or lessees of properties, payment of the in-lieu fee is due
upon issuance of a building permit.
.~n ,~ ^. ^.~ 4 t-The in-lieu fee may be paid in
upon issu~ce of a b~lding pe~it~vr--~--~--~--~'~ or
2 ORD. NO. 17-03
in installments. Applicants for an in-lieu fee which is not paid in full at time of
permit, must enter into an In-Lieu of Parking Fee Agreement with the City.
Such agreement shall be recorded with the Public Records Office of Palm
Beach County, Florida. The obligations imposed by such an In-Lieu of Parking
Fee Agreement constitute a restrictive covenant upon a property, and shall bind
successors, heirs and assigns. The restrictive covenant shall be released upon
full payment of the in-lieu parking fees including attorneys' fees and costs. In-
Lieu of Parking Fee Agreements shall only be made between the City and the
Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is
entered into, installment payments shall be made over a three-year time period
in three installments. The first installment shall be 50% of the total fee and is to
be paid upon signing the agreement. The second installment shall be 25% of the
total fee and is due on the second anniversary date of the signing of the
agreement. The third and final payment of 25% of the total fee is due on the
third anniversary date of the signing of the agreement. There shall be no interest
due under this payment schedule.
(e)
In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a
proposed project for which an in-lieu parking fee has been approved, the
applicant must construct additional on-street parking, not to exceed the total
amount of spaces subject to in-lieu fees unless authorized by the City
Commission. The total in-lieu fee due shall be reduced by an amount equal to
the actual construction costs, but in no event to exceed total in-lieu fees, for
these on-street spaces including street lighting. Additional credit, not to exceed
10% of the total fee, may be taken for the actual construction costs of approved
streetscape beautification elements in the public right-of-way. Beautification
improvements may include, but are not limited to, paverbrick walkways, street
furniture and landscaping. Credit may not be taken for those streetscape
elements listed in Section 4.4.13(1)(2)(0 which are required to meet the
performance standards for new developments in the CBD which exceed 30
dwelling units per acre. Neither credit for construction of on-street spaces, nor
credit for construction of beautification elements shall be reimbursed until such
construction has been fully completed.
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.
3 ORD. NO. 17-03
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading_
Second Reading
4 ORD. NO. 17-03
MEETING OF: June 16, 2003
AGENDAITEM: IV.C. AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 4.$.9(E)(3)(d) WITH REGARDS TO
PAYMENT OF IN-LIEU FEES
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to Land Development Regulations (LDR) to Section
4.6.9(E)(3)(d). This amendment would extend the availability for property owners in
areas 1 and 2 to pay fees in installments through an approved "In-Lieu Of Parking Fee
Agreement" and change the provision for payments made in full to be due at issuance
of a building permit.
Land Development Regulations (LDR) Section 4.6.9(E)(3)(d) contains the following
requirements for the payment of in-lieu fees:
(d) For those parcels located in Area 1 or Area 2, the in-lieu fee shall be paid in full at
the time of submission of a building permit application.
For those parcels located in Area 3 or Area 4, the in-lieu fee may be paid in full at
the time of submission of a building permit application or in installments.
Applicants for an in-lieu fee which is not paid in full at time of permit, must enter
into an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be
recorded with the Public Records Office of Palm Beach County, Florida. The
obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a
restrictive covenant upon a property, and shall bind successors, heirs and assigns.
The restrictive covenant shall be released upon full payment of the in-lieu parking
fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall
only be made between the City and the Owner(s) of the subject property. If an In-
Lieu of Parking Fee Agreement is entered into, installment payments shall be
made over a three-year time period in three installments. The first installment shall
be 50% of the total fee and is to be paid upon signing the agreement. The second
installment shall be 25% of the total fee and is due on the second anniversary date
of the signing of the agreement. The third and final payment of 25% of the total fee
is due on the third anniversary date of the signing of the agreement. There shall
be no interest due under this payment schedule.
City Commission recently directed staff to address a concern that the requirement for
payment in full in areas 1 and 2 might be too burdensome and therefore stifling to
development in those areas. Additionally, staff reviewed the requirement that payment
be made in full at the time of submission of a building permit application.
Staffs review of these two requirements resulted in the following recommendations:
1. Extend the option to pay the in-lieu fee in installments through an approved "In-
Lieu Of Parking Fee Agreement" to property owners in areas 1 and 2 and,
2. For property owners opting to pay in full or lessees of properties, make the
payment of the in-lieu fee due upon issuance of a building permit.
This shall be achieved in LDR Section 4.6.9(E)(3)(d) by amending the following:
· :~ ~,,11 ,-~ +k~-, +;.~,-, of ~-,,h.'~;~-~-;~,~ ~f ~ k,,ilA; ...... H' atlon' For
property owners optin.q to pay in full, or lessees of properties, payment of
the in-lieu fee is due upon issuance of a building permit.
:... +h ........ '° ~""~+"'~ ~" ~'"~ 3 cr ^-"~ ~., t-The in-lieu fee may be
paid in full ct tho t!mo cf c'--'bm!=c!cn upon issuance of a building permit
a,.,. ......... or in installments. Applicants for an in-lieu fee which is not
paid in full at time of permit, must enter into an In-Lieu of Parking Fee
Agreement with the City. Such agreement shall be recorded with the
Public Records Office of Palm Beach County, Florida· The obligations
imposed by such an In-Lieu of Parking Fee Agreement constitute a
restrictive covenant upon a property, and shall bind successors, heirs and
assigns. The restrictive covenant shall be released upon full payment of
the in-lieu parking fees including attorneys' fees and costs. In-Lieu of
Parking Fee Agreements shall only be made between the City and the
Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement
is entered into, installment payments shall be made over a three-year
time period in three installments. The first installment shall be 50% of the
total fee and is to be paid upon signing the agreement. The second
installment shall be 25% of the total fee and is due on the second
anniversary date of the signing of the agreement. The third and final
payment of 25% of the total fee is due on the third anniversary date of the
signing of the agreement. There shall be no interest due under this
payment schedule.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5), Amendment to the Land Development Re.qulations,
Findin.qs: In addition to the provisions of Section 1.1.6(A), the City Commission
must make a finding that the text amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan.
Future Land Use Policy C-4.1 of the Comprehensive Plan calls for regulations which
facilitate and encourage rehabilitation and revitalization in the Central Business District
(CBD) Zoning District. The most applicable item this policy addresses is
"accommodating parking needs through innovative actions."
Extending the availability for property owners in areas 1 and 2 to pay fees in
installments through an approved "In-Lieu Of Parking Fee Agreement" and changing the
provision for payments made in full to be due at issuance of a building permit does
further the Goals, Objectives, and Policies of the Comprehensive Plan in accordance
with LDR Section 2.4.5(M)(5).
Parking Management Advisory Board (PMAB): The proposed amendment was
reviewed by the PMAB on February 25, 2003. The Board unanimously recommended
approval.
Community Redevelopment Agency (CRA): The proposed amendment was reviewed
by the CRA on March 27, 2003. The Board consensus was to recommend approval.
Downtown Development Authority (DDA): The proposed amendment was reviewed
by the DDA on April 16, 2003. The Board unanimously recommended approval.
City Commission (CC): The proposed amendment was discussed at the City
Commission Workshop of May 13, 2003. Commission directed staff to move forward
with the recommended amendment and to conduct further review of the program.
Recommend approval of the proposed amendment, based upon positive findings
with LDR Section 2.4.5(M)(5).
Recommend denial of the proposed amendment, in whole or in part, based upon
failure to meet positive findings with LDR Section 2.4.5.
3. Continue with direction.
Recommend that the City Commission adopt the attached amendments to LDR Section
4.6.9(E)(3)(d) extending the availability for property owners in areas 1 and 2 to pay fees
in installments through an approved In-Lieu Of Parking Fee Agreement and change the
provision for payments made in full to be due upon issuance of a building permit.
Attachment:
[] Proposed Amendment
[ITY DF DELRI:I¥ BEfl[H
CiTY ATTORNEY'S OFFICE 2°° mw., AV~N~E-~EL~A~.EAC., FLO.ID^ 33...
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: June 30, 2003
Writer's Direc~ Line: 561/243-7091
MEMORANDUM
TO:
FROM:
City C~.~.m~
Brian Shutt, Assistant City Attorney
SUBJECT: Cable Ordinance
The Commission passed the proposed cable ordinance on first reading on June
17, 2003. Subsequent to first reading, comments were received and minor
changes have been proposed to Section 93.12(A)(2), clarifying that the City has
the right to change insurance requirements; Section 93.15(A)(5), clarifying that a
franchisee shall provide basic service to City buildings and public schools at no
charge; Section 93.18(A)(1 ) and 93.18(B)(1), clarifying that the City may require a
maximum of 3 access channels rather than 2; typographical errors have also been
corrected throughout the ordinance.
The ordinance is scheduled for second reading on July 8, 2003. Please call if you
have any questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
ORDINANCE NO. 18-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING
CHAPTER 93, "CABLE TELEVISION", IN ITS ENTIRETY AND
ENACTING A NEW CHAPTER 93, "CABLE TELEVISION";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the enactment of the Telecommunications Act of 1996, recent court precedent and
FCC rulings construing the scope of local government regulatory authority over cable television
franchises, and applicable changes and developments in cable television technology and services have
resulted in a changed regulatory environment; and
WHEREAS, the City Commission of Delray Beach, Florida deems it necessary to repeal Chapter
93 and replace it with a new Chapter 93 to take into account the changes and developments described
above and to better ensure that the use of the City rights-of-way by cable television operators serves the
public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 93, "Cable Television" of the Code of Ordinances of the City of Delray
Beach is hereby repealed in its entirety and replaced by a new Chapter 93, "Cable Television" to read as
follows:
CHAPTER 93: CABLE TELEVISION
Section 93.01 SHORT TITLE.
This chapter shall be known and may be cited as the Delray Beach, Florida, Cable Television
Ordinance.
Section 93.02 AUTHORITY: APPLICATION.
This chapter is enacted under the home rule power of the City to promote the public health, safety
and general welfare by providing regulations for the installation, use and operation of cable television
systems in Delray Beach. This chapter shall apply to and be enforced within the municipal limits of the
City including any area annexed into the municipal limits of the City.
Section 93.03 DEFINITIONS.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the
meanings given herein. When not inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number, and words in the singular number
include the plural number. The words "shall" and "will" are mandatory, and the word "may" is permissive.
Words not otherwise defined herein or in any franchise agreement that might be granted hereunder shall
be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. §§ 521 et seq., as amended
by the Telecommunications Act of 1996, and as those Acts may hereinafter be amended (collectively the
"Communications Act"), and, if not defined therein, they shall be given their common and ordinary
meaning:
(A) "Access channel" shall mean any channel on a cable system set aside without charge by the
franchisee for educational or local governmental use which has been recognized and approved as such by
the City Commission. The City agrees not to use the access channels to provide commercial or services
that may compete, directly or indirectly, with services offered by Adelphia; provided, however, that the
City may cablecast acknowledgments of funding sources and the underwriting of programming costs.
(B) "Activated channels" shall mean those channels engineered at the head,nd of a cable system for
the provision of services generally available to residential subscribers of the cable system, regardless of
whether such services actually are provided, including any channel designated for educational or
governmental use. A channel on which signals flow in the direction from the headend to the subscriber
shall be referred to as a "downstream channel." A channel on which signals flow to the headend for
redistribution shall be referred to as an "upstream channel."
(C) "Affiliate" shall mean any person who or which directly or indirectly owns or controls a grantee or
franchisee, any person who or which a grantee or franchisee directly or indirectly owns or controls, or any
person under common ownership or control with a grantee or franchisee.
(D) "Applicant" shall mean any person submitting an application under and within the meaning of this
chapter.
(E) "Application" shall mean any proposal, submission or request to (1) construct, maintain and
operate a cable television system within the City; (2) transfer a franchise or control of a fi-anchise; (3)
renew a franchise; (4) modify a franchise; or (5) seek any other relief from the City pursuant to this
chapter, a franchise agreement, the Communications Act, or other applicable law. An application includes
an applicant's initial proposal, submission or request, as well as any and all subsequent amendments or
supplements to the proposal and relevant correspondence.
(F) "Basic cable service" or "Basic service" shall mean any service tier which includes the
retransmission of local television broadcast signals and educational, governmental or public access
channels.
2 ORD. NO. 18-03
(G) "Cable service" shall mean
(1) The one-way transmission to subscribers of video programming, or other programming
service; and
(2) Subscriber interaction, if any, which is required for the selection or use of such video
programming or other programming service.
(H) "Cable system," "Cable television system," or "System" shall mean a facility, consisting of a set of
closed transmission paths and associated signal generation, reception and control equipment that is
designed to provide cable service which includes video programming and which is provided to multiple
subscribers within the City, but such term does not include:
(1) A facility that serves only to retransmit the television signals of one or more television
broadcast stations;
(2) A facility that serves subscribers without using any public right of way;
(3) A facility of a common can'ier, which is subject, in whole or in part, to the provisions of
Title 11 of the Commtmications Act of 1934, 47 U.S.C. §§201 et seq., except that such facility shall be
considered a cable system (other than for purposes of 47 U.S.C. §541 [c]) to the extent such facility is
used in the transmission of video programming directly to subscribers, unless the extent of such use is
solely to provide interactive on-demand services;
(4) An open video system (OVS) that complies with 47 U.S.C. §573; or
(5) Any facilities of any electric utility used solely for operating its electric utility systems.
(I) "City" shall mean the City of Delray Beach, Florida.
(J) "City Commission" shall mean the City Commission of the City of Delray Beach, Florida.
(K) "Communications Act" shall mean the Communications Act of 1934, 47 U.S.C. § 151 et seq., as
that Act has been and may hereinafter be amended or renumbered.
(L) "Control of a franchisee, applicant or franchise" shall mean possession of the ability to direct or
cause the direction of the management or policies of a franchisee, grantee or applicant, or the operation of
a franchisee's system, either directly or indirectly, whether through ownership of voting securities, by
contract or understanding, or in any other manner. Any such change shall be considered a "transfer."
(M) "Easement dedicated for compatible use" shall mean an easement open for the use of a franchisee
pursuant to 47 U.S.C. §541(a)(2).
3 ORD. NO. 18-03
(N) "Easement holder or beneficiary" shall mean the person to whom an easement was or is dedicated,
deeded or granted, and the person entitled to the lawful and permitted use of the easement.
(O) "Exclusive easement" shall mean an easement which by its terms and which by the law is for the
exclusive use of the easement holder.
(P) "Facilities and equipment" shall include, but not be limited to, headends, hubs, antennae, wires,
cable, conductors, ducts, conduits, vaults, manholes, trenches, amplifiers, converters, appliance,
attachments, poles and other property and equipment which are designed, constructed or wired for the
purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave,
laser or other means, audio and video television, radio and electronic signals to and from subscribers, and
any other equipment or facilities used in connection with a cable system to provide cable service within
the City. In the context of educational, governmental or public access, this term shall include, hut not be
limited to, all of the above and studios, cameras, antennae, dishes, buildings, chairs, desks, vehicles and all
other capital equipment associated with the provision of educational, governmental or public
programming and access.
(Q) "Fair market value" shall mean the price that a willing buyer would pay a willing seller for a going
concern but with no value allocated to the franchise itself.
(R) "FCC" shall mean the Federal Communications Commission, or any successor governmental
entity thereto.
(S) "Fiscal year" shall mean a calendar year beginning October 1 st of each year.
(T) "Franchise" shall mean an initial authorization, or renewal thereof (including a renewal of an
authorization which has been granted subject to 47 U.S.C. §546), issued by the City as the franchising
authority. Such authorization shall be designated as a franchise and issued under a franchise agreement,
which authorizes the construction and/or operation of a cable system. The term "franchise" does not
include any license, permit or certificate that may be required by this chapter or other applicable law for
the privilege of transacting and carrying on a business within the City or for disturbing or carrying out any
work within any public right-of-way.
(U) "Franchise agreement" shall mean a contract entered into in accordance with the provisions of this
chapter between the City and a franchisee which sets forth the terms and conditions under which the
franchise shall be exercised.
(V) "Franchisee" shall mean any person granted a franchise by the City pursuant to this chapter who
has entered into a franchise agreement.
(W) "Gross revenues" shall, at such time as the City is not otherwise limited by applicable federal or
state law, mean all the franchisee's revenues, from any soume whatsoever arising from, attributable to, or
in any way derived from the operation of the cable system to provide cable service in the City.
4 ORD. NO. 18-03
Unless this definition is further amended by the City, "Gross Revenue" includes, but is not limited to, the
following: (1) fees charged subscribers for basic service; (2) fees charged subscribers for any optional,
premium, per-channel or per-program service; (3) fees charged subscribers for any tier of service other
than basic service; (4) installation, disconnection, reconnection and change-in-service fees; (5) late fees;
(6) leased access fees; (7) payments or other consideration from programmers for carriage of
programming on the system; (8) revenues from converter, remote, modem or any other equipment rentals
or sales; (9) revenues from the sale, exchange or cablecast of any programming developed on or for access
channels or institutional users; (10) advertising revenues allocable to the City based on the subscriber base
in the City divided by the subscriber base of the system (such quotient to be multiplied by the system's
total advertising revenue to determine the allocable revenue stemming from advertising); (11) revenues
from home shopping channels or other sources allocable to the City based on the subscriber base in the
City divided by the subscriber base of the system; (12) revenues from local studio and local studio
equipment rental; (13) revenues from leases of cable or fiber optic lines and other transmission devices
and equipment for the provision of cable services; (14) revenues from transmission of data; and (15)
revenues from consumer products and services including but not limited to cable guides. In the event that
a court of competent jurisdiction issues a final decision or applicable law provides that Internet access
service provided via the cable system is, as a matter of law, a cable service, or may otherwise be included
in the definition of Gross Revenues on which Franchise fees are based, such revenues shall be included in
the definition herein.
"Gross revenues", unless prohibited by applicable law, shall be the basis for computing the franchise fee
imposed pursuant to Section 93.19 unless prohibited by applicable law.
As of the date hereof, the City acknowledges that Ch. 347 FL. Stat. preempts the City from defining Gross
Revenues for the purpose of collection of franchise fees by the City pursuant to this Ordinance. However,
should the statute be repealed or otherwise amended and the City has the right pursuant to applicable law
to establish the definition of Gross Revenues on which franchise fees are collected, the "Gross Revenues"
definition contained herein or as amended by the City shall be applicable.
(X) "Interconnection" shall mean the electronic connection of two or more cable systems for the
purpose of sharing programming or other cable services.
(Y) "Law" shall mean any duly enacted or executed applicable federal, state, county, or city law,
statute, ordinance, code, rule, regulation or order.
(Z) "Leased access channel" shall mean a channel designated in accordance with 47 U. S.C. § 532 for
commercial use by persons unaffiliated with the franchisee.
(AA) "Open video system (OVS)" shall mean a system certified by the FCC to provide video
programming to subscribers in a manner that complies with 47 U.S.C. §573.
5 ORD. NO. 18-03
(BB) "Overbuild" shall mean a cable system constructed to serve subscribers in an area of the City
served by another cable system.
(CC) "Pay television" shall mean the delivery over the cable system of video signals in intelligible form
to residential subscribers for a fee or charge (over and above the charge for basic service), except for a
service tier.
(DD) "Person" shall mean any individual, corporation, partnership, association, joint stock company, trust,
joint venture, organization or legal entity of any kind, and any lawful trustee, successor, assignee,
transferee or personal representative thereofi
(EE) "Public right-of-way" shall mean the surface, the air space above the surface, and the area below
the surface of any street, highway, road, boulevard, concourse, driveway, freeway, thoroughfare, parkway,
sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court, lane, path, alley, way, drive,
circle, easement, or other right-of-way, place or property, including public utility easements dedicated for
compatible uses, in which the City holds any kind of property interest or over which the City exercises
any type of lawful control.
(FF) "Service tier" shall mean a category of cable service or other services provided by a franchisee and
for which a separate rate is charged by the franchisee.
(GG) "Small cable operator" shall mean a franchisee who offers service to fewer than one thousand
(1,000) subscribers within the franchise area, and who directly, or through an affiliate, services in the
aggregate fewer than one percent (1%) of cable subscribers in the United States, and whose annual
revenues, when combined with the total annual revenues of all of its affiliates, do not exceed $250 million
in the aggregate, or as such term may be otherwise defined by applicable law.
(HH) "Subscriber" shall mean any person who lawfully receives cable service delivered over a cable
system.
(II) "Subscriber base" shall mean the total number of a franchisee's residential and nonresidential
subscribers within the City. For purposes of calculating the number of subscribers under bulk or
multi-user contracts, the franchisee shall count each individual unit included within a contract for service
as one subscriber. The franchisee shall not use any equivalency measures including calculations based on
market rate unless required by FCC rules.
(JJ) "Sunshine State One-Call of Florida, Inc." shall mean the not-for-profit corporation created by
Section 556.103, Florida Statutes, to administer the provisions of the Underground Facility Damage
Prevention and Safety Act set forth at Chapter 556, Florida Statutes.
(KK) "System malfunction" shall mean any cable system equipment, facility or signal failure or
malfunction that results in the loss of satisfactory service on one or more channels to one or more
6 ORD. NO. 18-03
subscribers which results from the franchisee's action or inaction. A malfunction is deemed major if it
affects ten (10) or more subscribers.
(LL) "Technician" shall mean an employee, contractor or agent of a franchisee with the skills to perform
and who is available to perform, construct, repair and maintain the cable system, including the facilities
and equipment installed by or for the franchisee which are necessary to provide services or signals to the
subscriber or user of the system.
(MM) "Transfer of a franchise" shall mean any transaction in which (1) an ownership or other interest in
a franchisee or its cable system is transferred from one person or group of persons to another person or
group of persons so that control of a franchise is transferred; or (2) the rights and/or obligations held by a
franchisee under a franchise agreement are transferred or assigned to another person, group of persons or
business entity. Any "Change of Control" under section (L) herein shall be considered a "Transfer" for
purposes of this Ordinance and any franchise granted thereto. A transfer may be considered by the City to
be "pro forma" where the transaction involves an assignment of the franchise from one entity to another
entity where both entities are wholly owned and controlled by the same entity and there is no change of
control or ownership.
(NN) "Two-way capacity" shall mean the incorporation into a cable system of all appropriate design and
engineering characteristics and features so that two-way transmission over the cable system can be
implemented and activated.
(OO) "Video channel or Channel" shall mean a portion of the electromagnetic frequency spectrum which
is used in a cable system and which is capable of delivering a television charnel, including the associated
audio signal, as "television channel" is defined by FCC regulation or otherwise.
(PP) "Video programming" shall mean programming provided by, or generally considered comparable
to programming provided by, a television broadcast station or cable system.
(QQ) "Violation" shall mean a violation of any term or provision of this chapter, or a failure to satisfy
any term or condition contained in any franchise agreement, or a breach of the contractual relationship
established pursuant to a franchise agreement.
Section 93.04 INTENT AND PURPOSE.
(A) It is the intent of the City and the purpose of this chapter to promote the public health, safety, and
general welfare by providing for the grant of one or more franchises for the construction, maintenance and
operation of a cable system or cable systems within the City; to provide for the regulation, to the extent
provided for by law, of each cable system within the City; to provide for the payment of fees and other
valuable consideration by a franchisee to the City for the use of public fights-of-way by its cable system;
to promote the widespread availability of quality cable service to the City residents and businesses, the
City, and other public institutions; to encourage the development of cable and other communication
technologies and cable systems as a means of communication between and among the public, businesses,
7 ORD. NO. 18-03
the City, and other public institutions; to promote competitive cable rates and services; to promote the safe
and efficient use of public rights-of-way; to enhance and maximize the communicative potential of public
rights-of-way used by cable systems; and to encourage the provision of a diversity of information sources
by cable technology to the City residents, businesses, the community, the City, and other public
institutions.
(B) Recognizing the continuing development of communications technology and uses, it is the policy
of the City to encourage experimentation and innovation in the development of cable system uses,
services, programming and techniques that will be of general benefit to the community to the extent all
such experiments and innovations are consistent with applicable law.
Section 93.05 GRANT OF AUTHORITY~ FRANCHISE REQUIRED.
(A) The City may grant one or more franchises in accordance with this chapter.
(B) Unless otherwise provided under federal law, no person may construct or operate a cable system or
any other communications transmission facilities over, on, or under the public rights-of-way without
having been granted a franchise by the City and no person may be granted a franchise without having
entered into a franchise agreement with the City pursuant to this chapter or other such ordinance of the
City as may be applicable.
(C) Any franchise granted pursuant to this chapter is solely for the provision of cable service.
Consistent with applicable federal and state law, a franchisee electing to provide other
telecommunications services including, but not limited to, telephone services and/or alternative video
programming services, shall satisfy all applicable requirements of the City prior to installation of facilities
or commencement of such services.
Section 93.06 FRANCHISE CHARACTERISTICS.
(A) Subject to any applicable permitting requirements, a franchise granted under this chapter
authorizes use of public rights-of-way for installing cables, wires, lines, optical fiber, underground
conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary and pertinent to operate a
cable television system within the City, but does not expressly or implicitly authorize the franchisee to
provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities
upon private property without the owner's consent (except for use of compatible easements pursuant to 47
U.S.C. § 541(a)(2), or as otherwise authorized by law), or to use privately owned conduits without a
separate agreement with the owners.
(B) Any franchise granted hereunder is non-exclusive, and shall not expressly or implicitly preclude
the issuance of other franchises to operate cable systems within the City, or affect the City's right to
authorize use of public rights-of-way to other persons to operate cable systems or for other purposes as it
determines appropriate and consistent with applicable federal and state law.
8 ORD. NO. 18-03
(C) All privileges prescribed by a franchise shall be subordinate to any prior lawful occupancy of the
public rights-of-way, and the City reserves the right to reasonably designate where a franchisee's facilities
are to be placed within the public rights-of-way.
(D) A franchise shall be a privilege which is held in the public trust. No transfer of a franchise shall
occur unless application is made by the franchisee, and approval is obtained from the City pursuant to
Section 93.27 hereof. Any unauthorized transfer of a franchise shall be deemed a violation of this
Ordinance and a material breach of a franchise, subjecting the franchise to revocation.
(E) A franchise granted to an applicant pursuant to this chapter to construct, operate and maintain a
cable television system within a specified franchise territory shall be deemed to constitute both a right and
an obligation on the part of the franchisee to provide the services and facilities of a cable television system
as required by the provisions of this chapter and the franchise agreement. The franchise agreement shall
incorporate by reference all of the provisions of the franchisee's application for the franchise that are
finally negotiated and agreed upon by the City and the franchisee.
CF) The City hereby adopts the national policy with respect to facilitating small business entry into
telecommunications, and prohibiting barriers to entry into the telecommunications market. Thus, to the
extent not in conflict with other laws, including without limitation, Section 166.046 of the Florida Statutes
and Section 93.06(B), the City may consider the grant of waivers to small cable operators who request
waivers of provisions of this chapter in compliance with Section 93.09(E)(18), provided that any such
waiver of provisions of this chapter based on the operator's status as a small cable operator shall continue
in effect only so long as the operator remains within the definition of small cable operator as provided by
applicable federal law.
(G) Notwithstanding anything to the contrary, in the event a franchisee elects to offer to subscribers
video programming services through any means or method not included within the definition of a cable
system or streaming video via the intemet, including but not limited to an open video system, the
franchisee shall remain subject to all terms and conditions of the franchise agreement, unless otherwise
relieved from compliance by federal or state law that expressly preempts a term or condition of this
chapter. Moreover, the City reserves the right to require a franchisee offering service over an open video
system to maintain such separate books and records as may be required by the City from time to time to
the extent not inconsistent with applicable state law and FCC rules and regulations.
Section 93.07 FRANCHISEE SUBJECT TO LAWS~ POLICE POWER; RESERVATION OF
RIGHTS.
(A) A franchisee shall at all times be subject to and shall comply with all applicable federal, state and
local laws. A franchisee shall at all times be subject to all lawful exercise of the police power of the City
to adopt and enforce generally applicable ordinances, resolutions, rules, regulations, written policies and
practices necessary to the convenience, health, safety and welfare of the public, and shall comply with all
applicable ordinances, resolutions, rules, regulations, written policies and practices by the City pursuant to
such power.
9 ORD. NO. 18-03
(B) The City shall have all power conferred on a cable franchising authority not otherwise preempted
by federal or state law.
(C) If the Communications Act is amended or any provision thereof is held invalid or unenforceable,
either of which materially affects the City's authority with respect to the regulation of cable operators or
the terms and provisions of this chapter, the City shall .have the right to amend this chapter in a manner
which is not inconsistent with such amendments or holdings.
(D) The City reserves the fight to create, establish or appoint such boards and persons to assist it in
administering the provisions of this chapter and to establish a procedure for the creation, establishment,
appointment or operation of such.
(E) Subject to applicable law, except as may be specifically provided in this chapter or under the terms
of a franchise agreement, the failure of the City, upon one or more occasions, to exercise a right or to
require compliance or performance under this chapter or a franchise agreement shall not be deemed to
constitute a waiver of such fight or a waiver of requiring compliance or performance.
Section 93.08 GOVERNING LAW~ CONFLICTS.
(A) Except as to matters which are governed by federal law or regulation, a franchise agreement shall
be governed by and construed in accordance with the laws of the State of Florida and Section 93.34.
(B) If any part, section, subsection or other portion of this chapter conflicts or subsequently comes into
conflict with any federal or state law, the prevailing law shall control and apply.
Section 93.09 APPLICATIONS FOR GRANT~ RENEWAL~ MODIFICATION OR TRANSFER OF
FRANCHISES.
(A) A written application shall be filed with the City for (1) a grant of an initial franchise; (2) renewal
ora franchise in accordance with 47 U.S.C. §546; (3) modification of a franchise agreement; (4) a transfer
of a franchise; or (5) any other relief from the City pursuant to this chapter or a franchise agreement.
(B) To be acceptable for filing, a signed original of the application shall be submitted together with
seven (7) copies. It shall be accompanied by the required non-refundable application filing fee as set forth
in Section 93.09(I), conform to any applicable request for proposals, and contain all reasonably required
information. All applications shall include the names and addresses of persons authorized to act on behalf
of the applicant with respect to the application.
(C) All applications accepted for filing shall be available for public inspection.
(D) An application for the grant of an initial franchise may be filed pursuant to a request for proposals
issued by the City or on an unsolicited basis. The City, upon receipt of an unsolicited application, may
10 ORD. NO. 18-03
issue a request for proposals. If the City elects to issue a request for proposals upon receipt of an
unsolicited application, the applicant may submit an amended application in response to the request for
proposals, may inform the City that its unsolicited application should be considered in response to the
request for proposals, or may withdraw its unsolicited application. An application which does not conform
to the reasonable requirements of a request for proposals may be considered non-responsive and denied on
that basis.
(E) An application for the grant of an initial franchise, a renewal of a franchise or a transfer of a
franchise shall contain, at a minimum, the following information unless submission of any item has been
expressly excused by the City Manager:
(1) The name and address of the applicant and identification of the ownership and control of
the applicant, including; the names and addresses of all persons with five percent (5%) or more ownership
interest in the applicant, including the names and addresses of parents or subsidiaries holding such
ownership interests directly or indirectly; the persons who control the applicant; all officers and directors
of the applicant; and any other cable system ownership or other communication ownership interest of each
named person;
(2) An indication of whether the applicant, or any person controlling the applicant, or any
officer, director or person with five pement (5%) or more ownership interest in the applicant, has been
adjudged bankrupt, had a cable franchise or license revoked, or been found by any court or administrative
agency to have violated a security or antitrust law, or to have committed a felony, or any crime involving
moral turpitude; and, if so, identification of any such person and a full explanation of the circumstances;
(3) A demonstration of the applicant's technical, legal and financial ability to construct and
operate the proposed cable system, including identification of key personnel;
(4) A statement prepared by a certified public accountant or duly authorized financial officer
of the applicant regarding the applicant's financial ability to complete the construction and operation of the
cable system proposed;
(5) A description of the applicant's prior experience in cable system ownership, construction
and operation, and identification of communities in which the applicant or any person controlling the
applicant or having more than a ten percent (10%) ownership interest in applicant has, or has had, a cable
franchise or license or any interest therein;
(6) Copies of all franchise agreements, licenses, permits or authorizations to operate a cable
television system or to provide telecommunications services within the City;
(7) Identification of the area of the City to be served by the proposed cable system, including a
description of the service area's boundaries;
11 ORD. NO. 18-03
(8) A description of the physical facilities proposed, including the extent and location of all
facilities and equipment, channel capacity, performance characteristics, headend, and access facilities;
upon request, the applicant shall complete information on technical design available for inspection;
(9) Where applicable, a description of the construction of the proposed cable system, including
an estimate of plant mileage and its location, the proposed construction schedule; a description, where
appropriate, of how services will be converted from existing facilities to new facilities; and information on
the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary
rearrangement of existing facilities, the technical or physical impact on public rights of way, and potential
conflicts with other users of public rights of way;
(10) For informational purposes, the proposed rate structure, including projected charges for
each service tier, installation, converters, and other equipment or services, and the applicant's ownership
interest in any proposed program services to be delivered over the cable system;
(11) A demonstration of how the applicant's proposal will reasonably meet the future
cable-related needs and interests of the community, including a description of how the proposal will meet
the needs described in any recent community needs assessment conducted by or for the City;
(12) A description of any non-cable telecommunications services offered by the applicant or its
parent, affiliate or subsidiary and the applicant's plan with respect to the availability of such services to
subscribers in the City;
(13) Pro forma financial projections for the first five (5) years of the franchise term, including a
statement of projected income, and a schedule of planned capital additions, with all significant
assumptions explained in notes or supporting schedules;
(14) If an applicant proposes to provide cable service to an area already served by a franchisee,
the identification of the area where the overbuild would occur, the potential subscriber density in the area
which would encompass the overbuild, and the ability of the public rights-of-way to accommodate an
additional cable system;
(15) A statement detailing how the applicant will ensure interconnection capability with other
cable systems pursuant to the requirement of Section 93.15(A)(6) or as such requirements may be
modified by the City Manager from time to time.
(16) Any other information as may be reasonably necessary to demonstrate compliance with the
requirements of this chapter or that the City may request of the applicant that is relevant to the City's
consideration of the application including, but not limited to financial sources and guarantees; and
(17) Character qualifications. The past or current involvement of the applicant, any of its
principals or managers as a party in criminal or civil proceedings is relevant to evaluation of an applicant's
12 ORD. NO. 18-03
character qualifications. The applicant shall supply all records as deemed necessary by the City. In
addition:
(a) Criminal proceedings. Advise whether the applicant (including the parent
corporation, if applicable), any principal or manager has ever been found guilty in a criminal proceeding
(felonies or misdemeanors) in which any of the following offenses have been charged: fraud,
embezzlement, obstruction of justice (or other misconduct affecting public or judicial officers in the
performances of their official duties), advertising, perjury, antitrust violations (state or federal), violations
of FCC or SEC regulations, or conspiracy to commit any of the foregoing. If "yes" in any instance,
provide specifics, such as date, court, sentence or fine, etcetera.
(b) Civil proceedings. Advise whether the applicant, any principal, manager or any
cable operator of which any principal or manager was or is a principal or manager has ever been a party to
a civil proceeding in which he or it was held liable for any of the following, or is now a party to any such
proceedings or investigations: unfair or anti-competitive business practice, antitrust violations (state and
federal), including, but not limited to instances in which consent decrees were entered, violations of
securities laws (state and federal), false/misleading advertising violations of FCC, FTC or SEC
regulations, racketeer influenced and corrupt organizations, or contraband forfeitures. If "yes" in any
instance, provide specifics.
(c) Franchise violations. Advise whether the applicant, any principal, manager, or any
cable operator of which any principal or manager was or is a principal or manager has ever been subject to
any penalty, criminal or civil, involving failure to comply with the requirements of a cable television
franchise. If "yes," provide specifics.
(d) Legal action against franchising authority. Advise whether the applicant, any
principal, manager or any cable operator of which any principal or manager was or is a principal or
manager has ever instituted legal action against any of its franchising authorities. If "yes," describe action
and result.
(e) Revocation of licenses. Advise whether the applicant, any principal, manager, or
any cable operator of which any principal or manager was or is a principal or manager has ever had a
business license (defined to include FCC licenses, alcoholic beverage and restaurant licenses, etc.)
revoked, suspended or renewal denied, or is a party to a proceeding which may result in same. If "yes" in
any instance, provide specifics.
(18) Small cable operator. Wh~re an applicant is a small cable operator, the operator shall
include in its application a statement (a) identifying any provisions of this chapter which it believes should
be inapplicable to its franchise or cable system; and (b) the legal authority under federal and state law
upon which the applicant is basing its request for a waiver of such provision(s).
13 ORD. NO. 18-03
(19) An affidavit or declaration of the applicant or authorized officer certifying the truth and
accuracy of the information in the application, acknowledging the enforceability of application
conunitments, and certifying that the proposal meets all federal and state law requirements.
(F) An application for modification of a franchise agreement shall include, at a minimum, the
following information:
(1) The specific modification requested;
(2) The justification for the requested modification, including the impact of the requested
modification on subscribers and others, and the financial impact on the applicant if the modification is
approved or disapproved;
(3) A statement whether the modification is sought pursuant to 47 U.S.C. §545, and, if so, a
demonstration that the requested modification meets the standards set forth in 47 U.S.C. §545;
(4) Any other information reasonably necessary for the City to make an informed
determination on the application for modification; and
(5) An affidavit or declaration of the applicant or authorized officer certifying the truth and
accuracy of the information in the application, and certifying that the application is consistent with all
federal and state law requirements.
(G) An application for renewal of a franchise shall comply with the requirements of Section 93.26.
(H) An application for approval of a transfer of a franchise shall comply with the requirements of
Section 93.27.
(I) To be acceptable for filing, an application shall be accompanied by a non-refundable filing fee in
the following applicable amount:
2.
3.
4.
5.
For a new or initial franchise:... $15,000
For renewal of a franchise:... $15,000
For a transfer of a franchise (other than a pro forma transfer):... $5,000
For a pro forma transfer of a franchise:... $2,000
For modification of a franchise agreement, including pursuant to 47 U.S.C. § 545:..
$3,000
For any other reliefi... $2,000
The purpose of the filing fee is to defray a portion of the City's costs in processing an application. Unless
otherwise prohibited by applicable federal law, the filing fee is a charge incidental to the awarding or
enfoming of a franchise within the meaning of 47 U.S.C. § 542(g)(2)(D). Therefore, the filing fee is not
included within the meaning of the term "franchise fee," it may not be deducted from the franchise fee
14 ORD. NO. 18-03
imposed in a franchise agreement or credited against payments made pursuant to Florida
Telecommunications Tax Simplification Act (Fl. Stat), and it shall not be passed through to subscribers.
In addition, the City, in considering and processing the application, may retain consultants, experts and
attorneys. Prior to final consideration of the application by the City, the City shall bill the applicant for the
amount of the retainee's reasonable fee due as of the date of billing, and its method of calculation, and the
applicant shall pay such amount. Unless otherwise prohibited by applicable federal law, this fee is a
charge incidental to the awarding or enforcing of a franchise within the meaning of 47 U.S.C.
§542(g)(2)(D). Therefore, it is not included within the meaning of the term "franchise fee," it may not be
deducted from the franchise fee imposed in a franchise agreement, and it shall not be passed through to
subscribers.
Section 93.10 REVIEW OF APPLICATION.
(A) Information. The City shall, upon request of the applicant, provide the applicant with information
and application forms, if any, regarding the application process.
(B) City Manager. Upon the applicant's submitting an application, the City Manager shall review the
application and notify the applicant as to any facial deficiencies.
(C) Additional information. The City Manager shall review the application to ensure that all
information required is submitted. The City Manager may request relevant additional information of the
applicant at any time during the application process.
(D) Completeness of application. The City Manager shall approve, reject as incomplete or deficient, or
approve with conditions the application. Upon approval or, if approved with conditions, upon the
conditions being met, the City Manager shall notify the City Clerk to advertise the public hearing at which
the City Commission will consider the application. The advertisement shall be published by the City Clerk
in a newspaper of general circulation in Palm Beach County once weekly for two (2) consecutive weeks
not more than twenty-one (21) days nor less than ten (10) days prior to the public hearing.
(E) Summary report. The City Manager shall issue or cause to be issued a report summarizing the
application. It shall be presented to the City Commission.
Section 93.11 GRANT OF FRANCHISE.
(A)
The City may grant an initial franchise for a period not to exceed fifteen (15) years to serve all or a
specified area of the City.
(B) The City may condition the grant of an initial franchise upon the completion of construction of a
cable system within a reasonably prescribed time period or upon the performance of other specific
obligations which are to be set forth in the franchise agreement, specifying that failure to comply with the
condition will cause the franchise to become revocable.
15 ORD. NO. 18-03
(C) In evaluating the grant, renewal or transfer of a franchise, the City Commission may consider,
among other things, the following factors: the applicant's technical, financial, and legal qualifications to
construct and operate the proposed system; the adequacy of the proposed construction arrangements, the
adequacy of proposed financing, facilities, equipment, and services based on the public convenience,
safety and welfare; the applicant's experience in constructing and operating cable systems and providing
cable service in other communities, if any; the ability of the public rights-of-way to accommodate the
proposed system; the potential disruption to users of the public tights-of-way and any resultant
inconvenience to the public; and whether the proposal will meet reasonably anticipated community needs
and serve the public interest.
(D) The City Commission shall hold a public hearing to consider an application for the grant of an
initial franchise renewal, transfer or modification of a franchise. The applicant shall be notified of the
hearing and shall be given an opportunity to be heard. Based upon the application, the testimony presented
at the public hearing, any recommendations of the City staff, and any other information relevant to the
application, the City Commission shall decide whether to grant or deny the application and decide the
terms and conditions of any grant. Following at least ten (10) days prior notice to the grantee and the
public, the City Commission shall hold a public hearing to consider approval of the proposed franchise
agreement.
(E) After complying with the above requirements, the City Commission shall approve or disapprove
the proposed franchise agreement, or may direct that it be subject to further negotiation.
Section 93.12 INSURANCE AND INDEMNITY.
(A) Insurance.
(1) Within thirty (30) days after the effective date of the franchise agreement and prior to any
operations under the franchise, the franchisee shall provide proof of the insurance described below against
claims for liability and damages charged against the City or the franchisee as a result of the franchise
granted hereunder. Such insurance shall be with an insurance company authorized to do business in the
State of Florida with a best rating of no less than A-VII and shall be maintained throughout the term of the
franchise. It shall include, at a minimum, the following types and amounts of insurance coverage:
(a) Commercial general liability ---five million dollars ($5,000,000.00) combined
single limit, covering:
1. Personal injury and bodily injury;
2. Broad form property damages without XCU exclusions;
3. Products/completed operations; and
4. Contractual liability to apply to the liability assumed by the franchisee under the
franchise agreement.
16 ORD. NO. 18-03
(b) Business automobile liability --- Five Million Dollars ($5,000,000.00) combined
single limit for bodily injury liability and property damage liability, coveting owned, leased, hired and
non-owner vehicles.
(c) Broadcasters' errors and omissions (or similar form) --- One Million Dollars
($1,000,000.00), covering infringement of copyrights.
(d) Workers' Compensation coverage required by the state and employer's liability
---Five Hundred Thousand Dollars ($500,000.00).
(2) The insurance coverage obtained by the franchisee in compliance with this subsection shall
be approved by the City and certificates of insurance with thirty (30) days prior notice of cancellation or
material change shall be filed and maintained with the City Manager during the term of the franchise. The
insurance coverage and policy requirements may be reviewed by the City and may be changed from time
to time at the discretion of the City Commission to reflect changing liability exposure and limits in light of
circumstances existing at the time. A franchisee shall have ninety (90) days from the date of receipt of
notice to comply with any such increase.
(3) Insurance policies maintained pursuant to the franchise shall contain the following
conditions by endorsement:
(a) The City shall be designated as an additional insured in the Commemial General
Liability Insurance, and the term "owner" or "City" shall include all authorities, boards, divisions,
departments and offices of the City and the individual members, employees, agents and contractors
thereof in their official capacities and/or while acting on behalf of the City.
(b) Each policy shall be endorsed to provide the City with thirty (30) days written
notice of cancellation of or a material change in the policy.
(c) Insurers shall have no right of subrogation or recovery against the City, it being the
intention that the insurance policies shall protect the City and shall be primary coverage for all losses
covered by the policies.
(B) Indemnity.
A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its
officials, boards, commissions, commissioners, agents, and employees, against any and all claims, suits,
causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising
out of the construction, maintenance or operation of its cable system, the conduct of the franchisee's
business in the City, or in any way arising out of the franchisee's enjoyment or exemise of a franchise
granted hereunder, provided, however, that the franchisee's obligation hereunder shall not extend to any
claims caused by the misconduct or negligence of the City, its officials, boards, commissioners, agents or
employees. This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in
17 ORD. NO. 18-03
defending against any such claim, suit or proceedings; claims arising out of copyright infringements or a
failure by the franchisee to secure consents from the owners, authorized distributors, or providers of
programs to be delivered by the cable system; claims arising out of 47 U.S.C. § 558; and claims against
the franchisee for invasion of the right of privacy, defamation of any person, firm or corporation, or the
violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other
right of any person. Nothing in this section shall prohibit the City, at the City's discretion, from
participating in the defense of any litigation by its own counsel and obtaining indemnification of the
reasonable costs associated therewith if in the City's reasonable belief there exists or may exist a conflict
of interest.
Section 93.13 SECURITY FUND.
(A) The franchisee shall post and keep posted with the City a cash security deposit or non-revocable
letter of credit or a surety bond in a form and in an amount approved by the City to be used as a security
fund to ensure the franchisee's faithful performance of and compliance with all terms and provisions of
this chapter, the franchise agreement and other applicable law, compliance with all orders, permits and
directions of the City, the payment by the franchisee of any claims, liens, fees, or taxes due the City which
arise by reason of the construction, operation or maintenance of the system, and to indemnify the City
against all losses that it may suffer in the event the franchisee fails to comply with any term or provision
of this chapter, the franchise agreement or other applicable law. The exact form and amount of the
security fund as set forth in a franchise agreement shall be an amount necessary to protect the public, to
provide adequate incentive to the franchisee to comply with this chapter and the franchise agreement, and
to enable the City to effectively enforce compliance therewith. The franchise agreement shall provide for
the procedures to be followed with respect to the security fund.
(B) The form and conditions of the Bonds and the Surety shall be acceptable and satisfactory to the
City and Surety shall be a nationally recognized Surety Company acceptable to the City, listed on the
current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
Acceptable Reinsuring Companies" as published in circular 570 (amended) by the Audit Staff, Bureau of
Government Financial Operations, U.S. Treasury Department, all bonds shall be placed with sureties with
a Best Rating of no less than A-VII. Bonds shall be executed and issued by a resident agent, licensed and
having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, representing such corporate
sureties. If the Franchisee is a partnership, the Bond should be signed by each of the individuals who are
partners; if a corporation, the Bond should be signed in the correct corporate name by duly authorized
officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the
bond corresponding to the number of counterparts in the Franchise. Each executed bond should be
accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified
copy of Power-of-Attorney or other certification of authority where bond is executed by agent, officer or
other representative of Franchisee or Surety; (c) duly certified extract from by-laws or resolutions of
Surety under which Power-of-Attorney, or other certificate of Authority of its agent, officer or
representative was issued.
18 ORD. NO. 18-03
(C) If the surety on any Bond fumished by Franchisee is declared bankrupt or becomes insolvent or its
fight to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph
B, Franchisee shall within ten (10) days thereafter substitute another Bond, Surety or cash deposit which
must be in conformance with paragraph B.
(D) The security fund shall be maintained at the amount specified in a Franchise Agreement, even if
amounts have to be withdrawn and replenished pursuant to subsection F.
(E) If the franchisee fails to pay the City any compensation within the time fixed herein, fails to pay
any fines, fails to repay the City within ten (10) days any damages, costs or expenses which the City is
compelled to pay by reason of any act or default of the franchisee in connection with the franchise, or
fails, after fifteen (15) days notice by the City of failure to comply with any provision of the franchise
agreement which the City reasonably determines can be remedied by demand on the security fund, the
City may immediately withdraw the amount thereof, with interest and any penalties, from the security
fund. Upon such withdrawal, the City shall notify the franchisee of the amount and the date thereof.
(F) Within thirty (30) days after notice to it that any amount has been withdrawn from the security
fund deposited pursuant to subsection A above, the franchisee shall pay to, or deposit with, the City a sum
sufficient to restore such security fund to the amounts specified in subsection A, whatever the case may
be. Failure to replenish the security fund shall subject the franchisee to penalties. However, replenishment
is without prejudice to the franchisee's right under Section 93.25 to contest the validity of the City's
withdrawal of money from the security fund.
(G) The fights reserved to the City with respect to the security fund posted pursuant to this section are
in addition to all other fights and remedies the City may have under this chapter, the franchise agreement,
or at law or equity, and no action, proceeding or exercise of a fight with respect to such security fund shall
affect any other fight or remedy of the City.
(H) The portion of the security fund deposited pursuant to this section necessary to compensate the
City for damages and costs sustained shall become the property of the City in the event that the franchise
is canceled or terminated by reason of the default of the franchisee. The franchisee, however, shall be
entitled to the return of such security fund, or portion thereof, without interest, as remains on deposit with
the City at the expiration of the term of the franchise, provided that there is then no outstanding default on
the part of the franchisee.
Section 93.14 CONSTRUCTION BOND.
(A) A franchise agreement shall provide that, prior to any cable system construction, upgrade, rebuild
or other significant work in the public rights-of-way, a franchisee shall establish in the City's favor a
construction bond in an amount specified in the franchise agreement or other authorization as determined
by the City to ensure the franchisee's faithful performance of construction of the cable system, upgrade,
rebuild or other work in the public fights-of-way.
19 ORD. NO. 18-03
(B) The form and conditions of the Bonds and the Surety shall be acceptable and satisfactory to the
City and Surety shall be a nationally recognized Surety Company acceptable to the City, listed on the
current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
Acceptable Reinsuring Companies" as published in circular 570 (amended) by the Audit Staff, Bureau of
Government Financial Operations, U.S. Treasury Department, all bonds shall be placed with sureties with
a Best Rating of no less than A-VII. Bonds shall be executed and issued by a resident agent, licensed and
having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, representing such corporate
sureties. If the Franchisee is a partnership, the Bond should be signed by each of the individuals who are
partners; if a corporation, the Bond should be signed in the correct corporate name by duly authorized
officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the
bond corresponding to the number of counterparts in the Franchise. Each executed bond should be
accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified
copy of Power-of-Attorney or other certification of authority where bond is executed by agent, officer or
other representative of Franchisee or Surety; (c) duly certified extract from by-laws or resolutions of
Surety under which Power-of-Attorney, or other certificate of Authority of its agent, officer or
representative was issued.
(C) If the surety on any Bond furnished by Franchisee is declared bankrupt or becomes insolvent or its
right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph
B, Franchisee shall within ten (10) days thereafter substitute another Bond, Surety, or cash deposit which
must be in conformance with paragraph B.
(D) In the event a franchisee subject to such a construction bond fails to complete the cable system
construction, upgrade, rebuild or other work in the public rights-of-way in a safe, timely and competent
manner in accordance with the provisions of the franchise agreement, then there shall be recoverable from
the principal or surety of the bond, any damages or loss suffered by the City as a result, including the full
amount of any compensation, indemnification or cost of removal or abandonment of any property of the
franchisee, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The City
may also recover against the bond any amount recoverable against the security fund pursuant to Section
93.13 where such amount exceeds that available under the security fund.
(E) The franchise agreement may specify that sixty (60) days after completion of the cable system
construction, upgrade, rebuild or other work in the public rights-of-way and payment of all construction
obligations of the cable system, the Franchisee may eliminate the bond or reduce its amount unless the
City has made a demand against the deposit or notified Franchisee of a potential claim and requested
maintenance of the security. However, the City may subsequently require the reestablishment of or an
increase in the bond amount for any subsequent construction, upgrade, rebuild or other work in the public
rights-of-way.
(F) The construction bond shall be subject to the approval of the City's Risk Manager and the City
Attorney, and shall provide that:
20 ORD. NO. 18-03
"This bond may not be canceled, or allowed to lapse, until ninety (90) days after receipt by the City, by
certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or
not to renew."
(G) The rights reserved by the City with respect to any construction bond established pursuant to this
section are in addition to all other rights and remedies the City may have under this chapter, the franchise
agreement, or at law or equity, and no action, proceeding or exercise of a right with respect to such bond
shall effect any other right or remedy of the City.
Section 93.15 MINIMUM FACILITIES AND SERVICES.
(A) The following minimum requirements for facilities and services apply to all franchises. The City
may require in a franchise agreement that a franchisee exceed these minimum requirements where it
determines, under circumstances existing at the time of a grant of the application, that the additional
requirements are necessary to meet the City's future cable related needs and interests or to serve the public
interest. The franchisee shall be responsible for obtaining all necessary governmental and private
approvals to satisfy such minimum requirements. City personnel shall not be responsible for submitting
information to the franchisee to ensure that all such approvals are obtained.
(1) Any cable system that enters into a franchise agreement including, but not limited to a
renewal, or commences construction, including but not limited to initial construction, rebuild, upgrade, or
reconstruction after the effective date hereof, shall have a minimum capacity of not less than 750 MHz
capacity and activated channels of no less than 84 analog channels or the digital equivalent. A franchise
agreement may require a larger minimum channel capacity.
(2) The City shall require that a franchisee provide access channels, facilities and other support
for educational, governmental and/or public use consistent with Section 93.18.
(3) At the request of the City Manager, a franchisee shall cablecast City Commission meetings
on a governmental access channel live to all of its subscribers located within the City.
(4) A franchisee shall provide leased access channels as required by federal law.
(5) At the request of the City Manager, a franchisee shall provide at least one cable television
service outlet per floor and, when available on its system, at least one additional outlet equipped for
on-line access to all City owned or leased buildings and facilities, all buildings and facilities used for a
municipal purpose and all public schools that are passed by its cable system, at no cost to the City or the
public schools involved, and shall charge no more than its time and material costs for providing any such
additional service outlets to such facilities or service to additional facilities. Franchisee shall, at
minimum, provide basic service to all such outlets at no cost to the City or facility involved.
(6) (a) At the request of the City Manager, a franchisee shall interconnect its cable system
with all other cable systems operating within the City and, to the extent required by law, with other
21 ORD. NO. 18-03
providers of video programming (i) through independent interconnection or (ii) through connection to a
central facility designated by the City. Said interconnection shall be completed and activated no later than
six (6) months after the date of receipt of notice by the City Manager unless the City Manager has
extended the deadline or waived this obligation upon a showing by a Franchisee of non-feasibility.
(b) Any application for an initial franchise, a renewal of an existing franchise, or a
transfer of a franchise, which may not have interconnected shall include a proposal for interconnection.
(c) The costs of such interconnection shall be equitably distributed among the
franchisee and the other systems linked based on each affected franchise's respective number of
subscribers.
(7) To the extent required by federal law, a franchisee shall make available to its subscribers
equipment capable of decoding closed circuit captioning information for the hearing impaired. A
franchisee may impose a reasonable charge for such equipment.
(8) Standard installation shall consist of a drop, not exceeding one hundred twenty five (125)
feet from the cable plant to the nearest part of a subscriber's residence.
(9) Cable which is installed underground in public right-of-way shall be installed a minimum
depth of thirty (30) inches.
(10) A franchisee shall provide and maintain "general" standby power for each headend.
"Battery" standby power for its system plant shall also be available to provide for up to two (2) hours of
continuous operation of the system.
(11) To the extent permitted by applicable law, a franchisee shall incorporate into its cable
system the capability for the City in times of emergency to override the audio portion of all channels
simultaneously, and the franchisee shall designate a channel (it may be the governmental access channel)
which shall be used for emergency broadcasts of both audio and video. The franchisee shall also be
responsible for ensuring that its cable system is designed, constructed and maintained to ensure
compliance with all applicable federal laws and regulations regarding the emergency alert systems.
(12) The cable system and all equipment shall be designed and rated for twenty-four (24) hour
seven (7) day-a-week continuous operation.
(13) The signals produced by the cable system shall be of high quality throughout the cable
system with no difference perceptible to viewers regardless of whether they are in close proximity to the
headend or at the furthest extension of the trunk line.
(B) Unless a franchise agreement provides otherwise, and subject to Section 93.17, a franchisee shall
make cable service available to every dwelling within the franchisee's designated service area as defined
in a franchise agreement.
22 ORD. NO. 18-03
Section 93.16 TECHNICAL STANDARDS.
(A) Any cable system within the City shall at a minimum meet the technical standards of the FCC or
other applicable federal or state technical standards, including any such standards as hereinafter may be
amended or adopted, including but not limited to digital transmission, HDTV or other advanced
technologies. To the extent required by federal law and FCC rules, all television signals transmitted on a
cable system shall include closed circuit captioning information for the heating impaired. Antennas,
supporting structures, and outside plants used in the system shall be designed to comply with all generally
accepted industry practices and standards and with all laws.
(B) All construction, installation and maintenance shall comply with the National Electrical Safety
Code, the National Electric Code, the Standard Building Code, and all laws and accepted industry
practices, as hereinafter may be amended or changed or as hereinafter may be adopted or adopted with
amendments by the City.
(C) To the extent required by FCC rules, the franchisee shall perform at its expense proof of
performance tests. At the request of the City, the franchisee shall provide the test results throughout the
term of its franchise. The City shall have the right to inspect the cable system during and after its
construction to ensure compliance with the requirements of the franchise agreement, this chapter, and
FCC standards, provided such inspection does not unreasonably interfere with the franchisee's operation
of the system.
(D) The City may require any other tests as specified in a franchise agreement or applicable law or
regulation, to be performed at the expense of the franchisee. The franchisee shall provide the test results to
the City within thirty (30) days of completion of the tests. If test results show compliance with applicable
federal standards, the City shall reimburse the franchisee for the costs of the test performed.
(E) A franchisee shall not design, install or operate its facilities in a manner that will interfere with the
signals of any broadcast station, the facilities of any public utility, the cable system of another franchisee,
or individual or master antennas used for receiving television or other broadcast signals in violation of any
applicable laws or regulatory standards.
Section 93.17 STRANDING.
(A) Strand-mile d~nsity.
(1) Unless a more stringent standard is required under a franchise agreement, a franchisee shall
be required to extend its distribution facilities and provide service to residential and nonresidential
subscribers in any area within the franchise area as designated in a franchise agreement where there exists
23 ORD. NO. 18-03
fifteen (15) dwelling units for each strand-mile of cable extension required or portion thereof where the
ratio of fifteen (15) dwelling units per strand-mile is maintained. In the case of any multiple dwelling unit
or planned unit development each individual unit shall be considered a trait and shall be considered a
subscriber. In the case of an overbuild, the franchisee having the technically feasible distribution point
closest to the unserved area meeting the above-referenced density requirements shall be responsible for
providing service. The proximity of the headend shall be determined by measuring the distance of public
rights of way and compatible easements which could be utilized for the facilities and equipment to provide
service as identified by the City Manager.
(2) The franchisee shall not be responsible for providing service in this area or meeting the
density requirements herein or contained in the franchise agreement iff
(a) The franchisee is precluded by the property owner, instrument of record or contract from
providing cable services or construction and installation of facilities and equipment;
(b) Another franchised cable operator is providing such service; or
(c) A SMATV operator is providing cable service to the area.
(3) Nothing herein shall preclude the franchisee from charging for the construction or
installation of facilities and equipment to provide service to subscribers requesting such where the
strand-mile density is less than that required, as set forth in subsection A1 above, provided that when
subscribers are added by utilizing the facilities and equipment for which the requesting subscribers were
charged, the requesting subscribers shall be reimbursed based upon an equitable arrangement made at the
time of the original extension for the requesting subscribers.
(B) Waiver. Subject to review and approval by the City Commission, the City Manager may issue
waivers to the strand-mile density requirements set forth in this section for good cause shown. Affected
persons shall be given notice of the meeting of the City Commission at which the matter of the waiver will
be considered.
(C) Compliance with construction schedule. The franchisee shall comply with the construction
schedule contained in its franchise agreement or as otherwise approved by the City Manager.
(D) Construction progress reports required. The franchisee shall furnish the City with a quarterly
construction progress report. The City may establish by rule or regulation a format for this report.
(E) Geographical coverage. The franchisee shall design and construct the distribution plant in such a
manner that when completed it will pass all single-family dwelling units, multiple-family dwelling units,
and schools and properties owned and occupied by public entities or agencies within the designated
franchise area.
24 ORD. NO. 18-03
(F) Stranding rebuilds. Except when interconnecting the cable system, the franchisee shall not strand
poles in the areas where all facilities and equipment necessary to make service immediately available to
subscribers are not in place and energized within four (4) months of the placing of strands. The complete
facilities and equipment necessary to provide service shall be installed within four (4) months of the
placing of strands unless a longer time schedule is agreed to in a franchise agreement or approved by the
City Manager. Stranding to prevent a competitor from serving an area shall be prohibited. The franchisee
shall remove the old facilities and equipment no later than ninety (90) days after activation of the new
facilities and equipment.
Section 93.18 ACCESS CHANNELS AND FACILITIES.
(A) Unless its franchise agreement expressly provides otherwise, a franchisee shall make available,
without charge, government and educational channels, as follows:
(1) A minimum of one (1) and a maximum of two (2) local govemment access channel for the
exclusive noncommercial use of the City of Delray Beach, Florida, the allocation and use of such to be
determined by the City Commission; and
(2) All educational and government access channels carrying programming of the Palm Beach
County School Board and other designated educational institutions within Palm Beach County. Such
channels shall be interconnected with the educational channels of other cable systems operating in
adjacent municipalities and areas within the County.
(B) (1) Any application for an initial franchise or renewal of an existing franchise shall include a
proposal for the provision of educational and local government access channels and equipment and
facilities relating to such channels sufficient to meet the City's needs and interests, taking into account the
cost of meeting such needs and interests. At a minimum, a franchisee shall provide the following number
of dedicated access channels: one (1) channel for governmental access; with a provision to provide a
second channel pursuant to terms and conditions set forth in a franchise agreement, and one (1) channel
for educational access, which will include coverage of programming of the Palm Beach Public School
Board. Such channels shall be used exclusively for purposes of educational, govemmental access
programming unless the City has provided notice to a Franchisee of the availability of excess time on the
channel. The franchisee shall carry and transmit on its lowest basic service level the educational (E) and
governmental (G) programming carried and transmitted on the access channels approved by the City.
These signals shall be of high quality and made available to the City at no fee.
(2) In addition, all such applications shall include a proposal with respect to the amount of the
support (in the form of a financial grant, equipment, facilities, technical services or other support) to be
provided by the franchisee to the City for PEG-related activities sufficient to meet the City's needs and
interests, taking into account the cost of meeting such needs and interests. The City may request a
proposal for an institutional network. All applications shall contain a statement to the effect that the
franchisee agrees that to the extent such support represents capital costs associated with PEG facilities
25 ORD. NO. 18-03
(A) The City reserves the right to amend this chapter as it shall find necessary in the lawful exercise of
its police powers.
(B) The City reserves the fight to attempt to exercise the power of eminent domain to acquire the
property of a franchisee's cable system, consistent with applicable federal and state law. Notwithstanding
anything to the contrary, this section shall not enlarge or restrict the City's exercise of eminent domain
except to the extent provided by applicable law.
Section 93.38 COSTS OF PUBLICATION.
A franchisee shall assume all costs in connection with publication of its franchise and any notices in
connection therewith including, but not limited to public heatings required by law.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared
to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the __
,2003.
day of
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
49 ORD. NO. 18-03
within the meaning of 47 U.S.C. §542(g), such support does not constitute a franchise fee within the
meaning of federal or state law.
(C) Local government and educational access channels shall be used exclusively for the non -
commercial purposes designated by the City Commission.
Section 93.19 FRANCHISE FEE.
(A) Unless prohibited by applicable law, a Franchisee, as compensation for the privilege granted under
a franchise for the use of the public rights-of-way to construct, maintain and operate a cable system, shall
pay the City a franchise fee in an amount of either (1) five percent (5%) of the franchisee's gross revenues;
or (2) in the event 47 U.S.C. §542 or other applicable law is amended to permit the City to assess a
franchise fee of a greater percentage or amount than that specified in subsection (1) above, or on a broader
revenue basis than defined in this chapter, the franchisee shall pay the City the new percentage or amount
as established by the City Commission after a public hearing of which the franchisee has received notice.
(B) Unless prohibited by applicable law, a Franchisee shall pay the franchise fee due to the City on a
quarterly basis. Payment for each quarter shall be made to the City not later than forty-five (45) calendar
days after the end of each calendar quarter. All payments shall be accompanied by a calculation of gross
revenue certified by a certified public accountant or the franchisee's chief financial officer.
(C) A franchisee shall file with the City, on a quarterly basis with the payment of the franchise fee, a
financial statement setting forth the computation of gross revenues used to calculate the franchise fee for
the preceding quarter and a detailed explanation of the method of computation. The statement shall be
certified by a certified public accountant or the franchisee's chief financial officer. The franchisee shall
bear the cost of the preparation of such financial statements.
(D) Subject to applicable law, no acceptance by the City of any franchise fee payment shall be
construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of
payment be construed as a release of any claim the City may have for additional sums payable.
(E) The franchise fee payment is not a payment in lieu of any other tax, fee or assessment.
(F) Unless prohibited by applicable law, the City may, from time to time, and upon reasonable notice,
but in no event not less than ten (10) days prior notice, inspect and audit any and all books and records of
the franchisee relevant to the determination of gross revenues and the computation of franchise fees due,
and may recompute any amounts determined to be payable under the franchise. The cost of the audit shall
be borne by the franchisee if, as a result of the audit, the City determines that the franchisee has underpaid
the franchise fees owed in an amount equal to or exceeding three percent (3%) of the franchise fees
actually paid. A franchisee shall make all books and records necessary to satisfactorily perform the audit
readily available for inspection to the auditors in the City, or in the alternative, the franchisee shall pay all
costs necessary for the City to perform the audit at a location outside the City.
26 ORD. NO. 18-03
(G) In the event that a franchise fee payment is not received by the City on or before the due date set
forth in subsection B above, or is underpaid, the franchisee shall pay a late charge of eighteen pement
(18%) per annum of the amount of the unpaid or underpaid franchise fee payment, provided, however,
that such rate does not exceed the maximum amount allowed under Florida law, and that the franchisee
shall not be responsible for paying interest on delinquent franchise fees resulting from erroneous database
information provided by the City. Any interest and/or late charge paid by the franchisee is intended to be a
charge incidental to the enforcement of a franchise within the meaning of 47 U.S.C. §542(g)(2)(D), and
may not be deducted from the franchise fee imposed by this chapter or any franchise agreement.
Furthermore, the City may invoke all rights and remedies available under applicable law and this chapter.
(H) If a franchise is revoked or terminates for whatever reason, the franchisee shall file with the City
within sixty (60) calendar days of the date its operations in the City cease, a financial statement, certified
by a certified public accountant or the franchisee's chief financial officer, showing the gross revenues
received by the franchisee since the end of the previous fiscal year. Adjustments shall be made at that time
for franchise fees due to the date that the franchisee's operations ceased.
(1) Any transaction or arrangement which has the effect of circumventing payment of
franchise fees and/or evasion of payment of franchise fees (for example, by non-collection of revenues,
non-reporting of revenues, collection of revenues by parents, affiliates or subsidiaries, bartering, or any
other means) from the operation of the franchisee's cable system to provide cable service in the City is
strictly prohibited.
(J) As of the date hereof, the City recognizes that Florida Law prohibits the City from collecting a
franchise fee as set forth in this Section 93.19. However, the City hereby reserves all authority it may now
or subsequently have to collect franchise fees from cable franchisees or other users of the public rights of
way within the City.
Section 93.20 REPORTS AND RECORDS.
(A) Within forty-five (45) days after the expiration of the calendar quarter and upon written request by
the City, a franchisee shall provide the City a quarterly report which includes the following information:
(1) A summary of the previous quarter's activities in development of the system, including but
not limited to, services initiated or discontinued, number of subscribers for each tier or type of service
(including gains and losses), homes passed, and miles of cable distribution plant in service. The summary
shall also include a comparison of any construction, including system upgrades, during the quarter with
any projections previously provided to the City, as well as rate and charge increases and/or decreases for
the previous fiscal year.
(2) A copy of updated strand maps depicting the location of all cable plants, showing areas
served and locations of all mink lines and feeder lines in the City. When such maps are generally available
27 ORD. NO. 18-03
in digitized form, those maps shall be made available in digitized form to the City at the franchisee's
expense. Upon request by the City, as-built maps may be reviewed at the local office of the franchisee.
(3) A summary of the number, type and duration of outages, the reason for the outage, and the
number of subscribers affected.
(4) A log of all subscriber complaints, including the date of the complaint, nature of the
complaint and the date and form of resolution of the matter.
(B) Unless prohibited by applicable law, upon request of the City, a franchisee shall provide, on an
annual basis and upon written request, the following documents to the City as received or filed, without
regard to whether the documents are filed by the franchisee or an affiliate:
(1) A financial statement, including a statement of revenues and a statement of sources of
revenues. The statement shall be audited if the franchisee has statements audited in its normal course of
business. If not, the statement shall be certified by a certified public accountant or the officer of the
franchise. The statement shall include notes that specify all significant accounting policies and practices
upon which it is based. A summary shall be provided comparing the current year with previous years since
the beginning of the franchise.
(2) If the franchisee is a corporation, a list of officers and members of the board of directors;
the officers and members of the board of directors of any parent corporation; if the franchisee or its parent
corporation's stock or ownership interests are publicly traded, a copy of its most recent annual report; and
a list of all persons holding five percent (5%) or more ownership or otherwise cognizable interest in the
franchisee pursuant to 47 C.F.R. 76.501.
(3) A copy of the franchisee's roles and regulations applicable to its subscribers.
(4) A full schedule and description of services, service hours and location of the franchisee's
customer service office(s) available to subscribers, and a schedule of all rates, fees and charges for all
services provided over the cable system.
(5) Any and all pleadings, petitions, applications, communications, reports and documents
(collectively referred to as "filings") submitted by or on behalf of the franchisee to the FTC, FCC, SEC,
FPSC or any state or federal agency, court or regulatory commission, which filings may impact the
franchisee's operation of the franchisee's cable system or that may impact the City's rights or obligations
under this chapter or the franchise agreement issued pursuant to this chapter, and any and all responses, if
any, to the above mentioned filings.
(6) Any and all notices of deficiency, forfeiture, or documents instituting any investigation,
civil or criminal proceeding issued by any state or federal agency regarding the cable system, franchisee,
or any affiliate of the franchisee, provided, however, that any such notice or documents relating to an
28 ORD. NO. 18-03
affiliate need be provided only to the extent the same may directly or indirectly affect or bear on the
franchisee's operations in the City.
(7) Any request for protection under bankruptcy laws or any judgment related to a declaration
of bankruptcy.
(8) Notwithstanding anything to the contrary, the franchisee shall provide the City, within
thirty (30) days of filing or receipt of such, any document that may adversely impact the construction,
operation or maintenance of the franchisee's cable system.
(C) Upon written request by the franchisee and subject to applicable law, including Chapter 119 of the
Florida Statutes, information of a proprietary nature submitted by the franchisee to the City pursuant to
this chapter or a franchise agreement shall not be made available for public inspection. The City shall
promptly notify a franchisee of any request it receives from a third party for such information.
Section 93.21 CUSTOMER SERVICE REQUIREMENTS.
(A) A franchisee shall maintain all parts of its system in good condition and, at minimum, in
accordance with standards no less than those generally observed by the cable television industry. A
sufficient number of employees shall be retained to provide safe, adequate, and prompt service for all of
its customers and facilities.
(B) Business office.
(1) A franchisee shall maintain an office and service center located within the City or no
further than five (5) road miles from the City's border to which subscribers may visit and telephone
without incurring added message units or toll charges. This business office shall be open from, at
minimum, 8:00 a.m. to 5:30 p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m. on Saturday. This
business office shall be so operated that complaints and requests for repairs or adjustments may be
received by telephone twenty-four (24) hours per day, seven (7) days per week including holidays. A
franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars ($200.00) for
each violation of this section with each incident and each day or part thereof considered a separate
violation.
(2) If franchisee does not locate its business office within five (5) road miles of the city limits
of the city, it shall either provide subscribers free pick-up and delivery of decoder boxes, remote controls
and other cable television customer premises equipment within twenty-four (24) hours of receiving a
customer's request for such pick-up or delivery; provide a customer service center located within five (5)
road miles of the city limits of the city, said customer service center to be adequately equipped and staffed
to enable subscribers to pay bills and to pick up and return, all cable television customer premises
equipment. Customer service centers shall be open from 8:00 a.m. to 5:00 p.m., with at least one night
being open until 9:00 p.m., Monday through Friday. In addition, the customer service center(s) must be
open at least during the hours of 10:00 a.m. to 2:00 p.m. on Saturday. The business office or customer
29 ORD. NO. 18-03
service center shall provide adequate parking, adequate seating and an air conditioned waiting area. A
franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars ($200.00) for
each violation of this section with each incident and each day or part thereof considered a separate
violation.
(C) Franchisee shall maintain a publicly listed local, toll-free telephone number and employ a
sufficient number of telephone lines, personnel and answering equipment or service to allow reasonable
access by subscribers and members of the public to contact the franchisee on a full-time basis, twenty-four
(24) hours per day, seven (7) days per week including holidays. Knowledgeable, qualified franchisee
representatives will be available to respond to customer telephone inquiries, Monday through Friday from
8:30 a.m. to 8:00 p.m.; and on Saturday from 8:30 a.m. until 5:00 p.m.. With respect to those calls
received during the hours which franchisee is not required to provide qualified franchisee representatives
under this subsection, an answering machine or service capable of receiving and recording service
complaints shall be employed. Franchisee shall comply with the telephone answer time standards set forth
in subsection (D) below. A franchisee shall be subject to liquidated damages in the amount of Two
Hundred Dollars ($200.00) for each violation of this section with each incident and each day or part
thereof considered a separate violation.
(D) Franchisee shall answer all customer service and repair telephone calls made under normal
operating conditions within thirty (30) seconds, including wait time and within an additional thirty (30)
seconds to transfer the call. Customers shall receive a busy signal less than three (3) percent of the time.
These standards shall be met no less than ninety (90) percent of the time under normal operating
conditions, measured on a quarterly basis. Franchisee shall submit a monthly telephone log report to the
City on a quarterly basis no later than the 15th of the month following the last month of each quarter. A
franchisee shall be subject to liquidated damages in the amount of Five Hundred Dollars ($500.00) for
each month Franchisee fails to satisfy the standard set forth herein.
(E) A franchisee shall employ and maintain sufficient planned personnel and equipment to be
available (i) to accept payments; (ii) to exchange or accept converters or other equipment; (iii) to initiate
service installations, undertake normal repairs, and initiate action with respect to subscriber service
complaints on Monday through Friday, from 8:30 a.m. to 6:00 p.m., and on Saturday from 8:00 a.m.
through 5:00 p.m.; and (iv) to enable a service technician to respond to any service call received between
8:00 a.m. and 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays, by the end of
the next day, seven (7) days a week including holidays. A franchisee shall be subject to liquidated
damages in the amount of Five Hundred Dollars ($500.00) for each violation of this section with each
incident and each day or part thereof considered a separate violation.
(F) Franchisee must meet each of the following standards no less than ninety-five (95) percent of the
time under normal operating conditions as measured on a quarterly basis:
(1) Standard installation work shall be performed within seven (7) calendar days after an order
has been placed except in those instances where a subscriber specifically requests an installation date
beyond the seven (7) calendar day period. "Standard" installations are up to one hundred twenty-five (125)
30 ORD. NO. 18-03
feet from the existing distribution system. If scheduled installation is neither started nor completed as
scheduled, the subscriber will be telephoned by an employee of the franchise the same day. Evening
personnel shall also attempt to call subscribers at their homes between the hours of 5:30 and 8:00 p.m. If
the call to the subscriber is not answered, an employee of the franchisee shall telephone the subscriber the
next day. A franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars
($200.00) for each violation of this section with each incident and each day or part thereof considered a
separate violation.
(2) Franchisee will respond to service interruptions promptly and in no event later than
twenty-four (24) hours after the interruption becomes known. Other service problems will be responded to
promptly and in no event later than forty-eight (48) hours after the problem becomes known. All service
interruptions, and service problems within the control of franchisee, will be corrected within seventy-two
(72) hours after receipt of a complaint. A franchisee shall be subject to liquidated damages in the amount
of One Hundred Dollars ($100.00) for each violation of this section with each incident and each day or
part thereof considered a separate violation.
(3) The appointment window altematives made available for installations, service calls,
repairs, and other installation activities will be either a specific time, a four-hour time block during normal
business hours, or at the election and discretion of the subscriber, "all day". A franchisee shall be subject
to liquidated damages in the amount of One Hundred Dollars ($100.00) for each violation of this section
with each incident and each day or part thereof considered a separate violation.
(4) Franchisee may not cancel an appointment with a subscriber after the close of business on
the business day prior to the scheduled appointment. A franchisee shall be subject to liquidated damages
in the amount of One Hundred Dollars ($100.00) for each violation of this section with each incident and
each day or part thereof considered a separate violation.
(5) If at any time an installer or technician is running more than thirty (30) minutes late for a
scheduled appointment, an attempt to contact the customer will be made and the appointment rescheduled
as necessary at a time which is convenient for the customer. A franchisee shall be subject to liquidated
damages in the amount of One Hundred Dollars ($100.00) for each violation of this section with each
incident and each day or part thereof considered a separate violation.
(G) Installation work shall be prioritized as follows:
(1) Service change and rescheduling of appointments for existing subscribers;
(2) Installation of service for new subscribers;
(3) Disconnection of service for existing subscribers.
Subscribers who have experienced two (2) missed installation or service appointments due to the fault of
franchisee shall receive installation free of charge. If the installation was to have been provided free of
31 ORD. NO. 18-03
charge or if the appointment was for service or repair, the subscriber shall receive three (3) months of the
most widely subscribed to service tier free of charge.
(H) Disconnection.
(1) Voluntary disconnection,
a. A subscriber may terminate service at any time.
b. A franchisee shall promptly disconnect any subscriber who so requests from the
franchisee's cable system. No period of notice prior to voluntary termination of service may be required of
subscribers by any franchisee. So long as the subscriber returns equipment within three (3) business days
of the disconnection, no charge may be imposed by any franchisee for such voluntary disconnection, or
for any cable services delivered after the date of disconnect request. A franchisee shall be subject to
liquidated damages in the amount of One Hundred Dollars ($100.00) for each violation of this section
with each incident and each day or part thereof considered a separate violation.
c. A subscriber may be asked, but not required, to disconnect the franchisee's
equipment and return it to the business office.
d. Any security deposit and/or other fimds due the subscriber shall be refunded on
disconnected accounts after the converter has been recovered by the franchisee. The refund process shall
take a maximum of thirty (30) days from the date disconnection was requested to the date the customer
receives the refund. A franchisee shall be subject to liquidated damages in the amount of Fifty Dollars
($50.00) plus interest for each violation of this section with each incident and each month or billing cycle
considered a separate violation.
(2) Involuntary disconnection. If a subscriber fails to pay a monthly subscriber or other fee or
charge, the franchisee may disconnect the subscribers service outlet; however, such disconnection shall
not be effected until forty-five (45) days after the due date of the monthly subscriber fee or other charge,
and ten (10) days advance written notice of intent to disconnect to the subscriber in question. If the
subscriber pays within forty-five (45) days of the due date and after notice of disconnection has been
given, the franchisee shall not disconnect. After disconnection, upon payment by the subscriber in full of
all proper fees or charges, including the payment of the reconnection charge, if any, the franchisee shall
promptly reinstate service. A franchisee shall be subject to liquidated damages in the amount of One
Hundred Dollars ($100.00) for each violation of this section with each incident and each day or part
thereof considered a separate violation.
(3) Nothing in this article shall be construed to prevent the franchisee from removing its
property from a subscriber's premises upon the termination of service. At the subscriber's request, a
franchisee shall remove all of its facilities and equipment from the subscriber's premises within seven (7)
calendar days of the subscriber's request. Where removal is impractical, such as with buried cable or
internal wiring, facilities and equipment may be disconnected and abandoned rather than removed, unless
32 ORD. NO. 18-03
there is a written agreement stating otherwise, provided, however, that such agreement must be consistent
with applicable law and FCC rules.
(I) Franchisee shall intentionally interrupt service only for good cause and for the shortest time
possible. Franchisee shall use its best efforts to insure that such interruptions shall occur only during the
hours of 1:00 a.m. to 6:00 a.m. Franchisee shall maintain a written log for all intentional service
interruptions. A franchisee shall be subject to liquidated damages in the amount of Five Hundred Dollars
($500.00) for each violation of this section with each incident and each day or part thereof considered a
separate violation.
(J) Franchisee shall notify the City Manager immediately if a service interruption affects two hundred
(200) or more subscribers for a time period greater than four (4) hours. A franchisee shall be subject to
liquidated damages in the amount of Two Hundred Dollars ($200.00) for each violation of this section
with each incident and each day or part thereof considered a separate violation.
(K) Franchisee shall cause all its field employees to wear a picture identification badge indicating their
employment by franchisee. This badge shall be clearly visible to the public. A franchisee shall be subject
to liquidated damages in the amount of Two Hundred Dollars ($200.00) for each violation of this section
with each incident and each day or part thereof considered a separate violation.
(L) A franchisee shall develop written procedures for the investigation and resolution of all subscriber
or city resident complaints, including, but not limited to, those regarding the quality of service and
equipment malfunction, which procedures shall be submitted for review and approval by the City
Manager. Implementation of any such procedures prior to receipt of approval from the City Manager shall
be a violation of this Ordinance and considered void ab initio. A subscriber or city resident who has not
been satisfied by following the franchisee's procedures may file a written complaint with the City
Manager, who will investigate the matter and, in consultation with the franchisee as appropriate, attempt
to resolve the matter. A franchisee's good faith or lack thereof in attempting to resolve subscriber and
resident complaints in a fair and equitable manner will be considered in connection with the franchisee's
renewal application. Franchisee shall maintain a complete list of all complaints not resolved within seven
(7) days of receipt and the measures taken to resolve them. This list shall be compiled in a form to be
approved by the City Manager. It shall be compiled on a monthly basis. The list for each calendar month
shall be supplied to the City Manager no later than the fifteenth day of the next month. Franchisee shall
also maintain a list of all complaints received, which list will be available to the City Manager. A
franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars ($200.00) for
each violation of this section with each incident and each day or part thereof considered a separate
violation.
(M) Franchisee shall permit the City Manager or designee to inspect and test the system's technical
equipment and facilities upon reasonable (12 to 24-hours') notice. A franchisee shall be subject to
liquidated damages in the amount of One Thousand Dollars ($1,000.00) for each violation of this section
with each incident and each day or part thereof considered a separate violation.
33 ORD. NO. 18-03
(N) Franchisee shall abide by the following requirements governing communications with customers,
bills and refunds:
(1) Each franchisee shall provide to subscribers written information in each of the following
areas at the time of installation, at least once annually, and at any future time upon request by the
subscriber. A franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars
($200.00) for each violation of this section with each incident and each day or part thereof considered a
separate violation.
a. How to use the cable service;
b. Installation and service maintenance policies;
c. The products and services offered;
d. Prices and service options;
e. Channel positions of programming carried on the system;
f. The franchisee's procedures for the receipt and resolution of customer complaints,
the franchisee's address and telephone number to which complaints may be reported, and the hours of
operation;
g. The telephone number and address of the city's office and the county's office
designated to handle cable television complaints and inquiries;
h. The availability of a "lock-out" device;
i. The availability of an input selector, or AB switch, and identification of those local
broadcast stations not carried on franchisee's system;
j. The franchisee's information collection and disclosure policies for the protection of
a subscriber's privacy; and
k. Complaint and dispute resolution procedures as approved by the City Manager.
(2) In addition, each franchisee shall provide written notice in its monthly billing, at the
request of the City Manager? of any City meeting regarding requests or applications by the franchisee for
renewal, transfer or modification of its license. The City Manager shall make such a request in writing, no
less than forty-five (45) days prior to the mailing of any billing by franchisee. Said notices shall be made
at franchisee's expense and said expense shall not be considered part of the franchise fee assessed pursuant
to this article and shall not be regarded as a franchise fee, as the term is defined in Section 622 of the
Communications Act, 47 U.S.C. Section 542.
34 ORD. NO. 18-03
(3) Franchisee's bills will be clear, concise and understandable and comply with Section (P)
below. A franchisee shall be subject to liquidated damages in the amount of Fifty Dollars ($50.00) for
each violation of this section with each incident and each day or part thereof considered a separate
violation.
(4) Refund checks will be issued promptly, but no later than the earlier of thirty (30) days or
the customer's next billing cycle following the resolution of a refund request, or the return of the
equipment supplied by the franchisee if service is terminated. A franchisee shall be subject to liquidated
damages in the amount of Fifty Dollars ($50.00) for each violation of this section with each incident and
each day or part thereof considered a separate violation.
(5) Credits for service will be issued no later than the customer's next billing cycle following
the determination that a credit is warranted. A franchisee shall be subject to liquidated damages in the
amount of Fifty Dollars ($50.00) for each violation of this section with each incident and each day or part
thereof considered a separate violation.
(6) A franchisee shall provide subscribers, the City Manager, and the City Commission with at
least thirty (30) days advance written notice of any changes in rates, charges, channel lineup, or initiations
or discontinuations or changes of service or services offered over the cable system. A franchisee shall be
subject to liquidated damages in the amount of One Thousand Dollars ($1,000.00) for each violation of
this section with each incident and each day or part thereof considered a separate violation.
(O) A franchisee shall, upon an affected subscriber's request, provide a pro-rated 24-hour credit to the
subscriber's account for any period of four (4) hours or more within a 24-hour period during which a
subscriber experienced an outage of service or substantial impairment of service, whether due to a system
malfunction or other cause. A franchisee shall be subject to liquidated damages in the amount of Fifty
Dollars ($50.00) for each violation of this section with each incident and each day or part thereof
considered a separate violation.
(P) Billing.
(1) The franchisee's first billing statement after a new installation or service change shall be
pro-rated as appropriate and shall reflect any security deposit.
(2) The franchisee's billing statement must be fully itemized, with itemizations including, but
not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate
all activity during the billing period, including optional charges, rebates, and credits.
(3) The franchisee's billing statement must show a specific payment due date not earlier than
twenty (20) days after the date the statement is mailed. Any balance not received by the due date may be
assessed a late charge consistent with applicable law. The late charge will appear on the following month's
billing statement.
35 ORD. NO. 18-03
a. The franchisee's billing statement shall show a specific due date no earlier than ten
(10) days after the date of the beginning of the service period. Any balance not received within
twenty-five (25) days after the due date may be assessed an administrative charge not to exceed either (1)
$4.00 or (2) the actual costs directly related to the collection of balances overdue, whichever amount is
higher. However, if the franchisee intends to assess an administrative charge which exceeds $4.00, before
assessing or continuing to assess such charge, the franchisee shall demonstrate to the satisfaction of the
City that its actual costs exceed $4.00. Thereafter, whenever the franchisee intends to raise such charge by
any additional amount, before raising such charge, the franchisee shall demonstrate to the satisfaction of
the City that its actual costs necessitate raising such charge. The charge shall appear on the following
month's billing statement. For purposes of this subsection, "actual costs" do not include such items as bad
debt, the costs of field disconnection, and fixed costs which exist regardless of costs caused by late payers.
In the event it is determined by the City that a franchisee has assessed a late fee in violation of this
chapter, the City shall have the right to order the franchisee to pay its subscribers a refund retroactive to
the date that such fee was assessed in violation of this chapter.
i. Any administrative charge applied to unpaid bills shall be subject to
regulation by the City consistent with applicable law.
ii. A subscriber shall not be charged an administrative fee, a late fee or
otherwise penalized for any failure by the franchisee, its employees, or its contractors, including failure to
timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely
received.
b. Subscribers shall not be charged a late fee or otherwise penalized for any failure by
the franchisee, its employees, or contractors, including failure to timely or correctly bill the subscriber, or
failure to properly credit the subscriber for a payment timely made.
(4) The franchisee must notify the subscriber that he or she can remit payment in person at the
franchisee's office in the City and inform the subscriber of the address of that office.
(Q) Alteration of service. A franchisee may not substantially alter the service being provided to a
subscriber (including by re-tiering, restructuring a tier or otherwise) without the express affirmative
permission of such subscriber, unless it complies with this subsection. A franchisee shall be subject to
liquidated damages in the amount of Fifty Dollars ($50.00) for each violation of this section with each
incident and each day or part thereof considered a separate violation.
(1) If a franchisee wishes to alter the service being provided to a subscriber (including by
re-tiering, restructuring a tier or otherwise) in such a way that the subscriber will no longer be able to
obtain the same package of services then the franchisee must provide the subscriber with thirty (30) days
notice of such alteration, explain the substance and the full effect of the alteration, and provide the
subscriber the right within the sixty (60) day period following notice, to opt to receive any combination of
services offered by the franchisee.
36 ORD. NO. 18-03
(2) Except provided herein, no charge may be made for any service or product which the
subscriber has not affirmatively indicated, in a manner separate and apart from payment of the regular
monthly bill, that he or she wishes to receive.
(R) Franchisee shall certify in writing to the City as of January 1 and July 1 of each year based upon
internal due diligence by the franchisee that to the best of franchisee's knowledge it is in substantial
compliance with the standards set forth in this section, said certification to be made as of a date within
thirty (30) days of January 1 and July 1. At the request of the City, the franchisee shall submit such
documentation, as may be required, to demonstrate franchisee's compliance with this section. This
documentation shall be submitted within thirty (30) days of the franchisee's receipt of the City's request.
(S) In addition to complying with the customer service requirements set forth in this chapter or in a
franchise agreement, a franchisee shall comply with all customer service requirements applicable to cable
systems as adopted by the FCC and any other applicable law concerning customer service requirements,
consumer protection, and unfair or deceptive trade practices.
(T) Negative option billing is prohibited. Accordingly, a cable operator shall not charge a subscriber
for any service or equipment that the subscriber has not affirmatively requested by name. For purposes of
this subsection, a subscriber's failure to refuse a cable operator's proposal to provide such service or
equipment shall not be deemed to be an affirmative request for such service or equipment.
(U) To the extent not inconsistent with any applicable law, the City expressly reserves the right to
consider violations of the customer service requirements in evaluating any renewal, transfer or
modification of any fi'anchise agreement.
Section 93.22 SUBSCRIBER PRIVACY.
(A) A franchisee shall at all times protect subscriber privacy to the full extent required by 47 U.S.C.
§551 and applicable state law.
(B) Additionally, a franchisee shall not condition subscriber or other service on the subscriber's grant
of permission to disclose information which, pursuant to federal or state law, cannot be disclosed without
the subscriber's explicit consent. No penalties or extra charges may be invoked by the franchisee for a
subscriber's failure to grant consent.
(C) Unless otherwise permitted by federal and state law, neither the franchisee nor its agents,
employees or affiliates shall, without the prior and specific written authorization of the subscriber
involved, sell, or otherwise make available for commercial purposes the name, address or telephone
numbers of any subscriber, or any information which identifies the individual viewing habits of any
subscriber.
Section 93.23 DISCRIMINATION PROHIBITED.
37 ORD. NO. 18-03
(A) No franchisee may in its rates or charges, or in the availability of the services or facilities of its
system, or in any other respect, make or grant illegal preferences or advantages to any subscriber,
potential subscriber, or group of subscribers or potential subscribers, nor subject any such persons or
group of persons to any illegal prejudice or any disadvantage. A franchisee shall not deny, delay, or
otherwise burden service or discriminate against subscribers or users on the basis of age, race, creed,
religion, color, sex, disability or handicap, national origin, marital status, or political affiliation, except for
discounts for senior citizens, the economically disadvantaged or handicapped that are applied in a uniform
and consistent manner. A franchisee may also offer bulk discounts to multiple dwelling buildings if such
discounts are applied in a uniform and consistent manner, but only to the extent such discounts are
otherwise permitted by law.
(B) A franchisee shall not deny cable service to any potential subscriber because of the income of the
residents of the area in which the subscriber resides.
(C) A franchisee shall not refuse to employ, nor discharge from employment, nor discriminateagainst
any person in compensation or in terms, conditions or privileges of employment because of age, race,
creed, religion, color, sex, disability or handicap, national origin, marital status, or political affiliation. The
franchisee shall comply with federal, state and local laws and regulations goveming equal employment
opportunities, as the same may be from time to time amended. If Franchisee violates any federal, state or
local law or regulation, such violation shall be presumed a violation of this Ordinance.
Section 93.24 USE OF PUBLIC RIGHTS-OF-WAY.
(A) Any public rights-of-way excavated or otherwise disturbed by a franchisee shall be done under the
supervision and direction of the City under permits issued for work by the City, and shall be done in such
manner as to give the least inconvenience to the people of the City. A franchisee shall, at its own cost and
expense, and in a manner approved by the City, replace and restore any such rights-of-way to as good a
condition as before the work was done, and shall also prepare, maintain and provide to the City Engineer
full and complete plats, maps and records showing the exact locations of its facilities located within the
public rights-of-way, as may be required under the City's permitting procedures.
(B) Except to the extent required by law, a franchisee shall, at its expense, protect, support,
temporarily disconnect, relocate, or remove, any of its property when required by the City by reason of
traffic conditions, public safety, street construction, street resurfacing or widening, change of street grade,
installation of sewers, drains, water pipes, or any other type of governmental improvement; provided,
however, that the franchisee shall, in any such case, have the privilege of abandoning any property in
place. If any other franchise cable operators are reimbursed for this expense, then franchisee shall also be
compensated at the same rate.
(C) A franchisee shall, at the request of any person holding a building moving permit issued by the
City, temporarily raise or lower its wires, cables, etcetera to permit the moving of the building. The
expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting
38 ORD. NO. 18-03
same, and the franchisee shall have the authority to require such payment in advance, except in the case
where the requesting person is the City, in which case no such payment shall be required. The franchisee
shall be given not less than seven (7) business days advance notice to arrange for such temporary cable or
wire changes.
(D) A franchisee shall upon notice to the City of not less than seven (7) business days, have the
authority to trim trees or other natural growth upon or overhanging public rights-of-way so as to prevent
the branches of such trees or other natural growth from contacting wires, cables or other facilities or
equipment of the franchisee, except that, at the option of the City, such trimming may be done by the City
or under its supervision and direction at the expense of the franchisee.
(E) Underground. In those areas of the franchise area where the transmission or distribution facilities
of both the public utility providing telephone service and those of the utility providing electrical services
are underground or hereafter may be placed underground, the franchisee shall at its expense likewise
construct, operate and maintain all of its transmission and distribution facilities underground. As
transmission and distribution lines of such utilities are converted from overhead to underground
installations within the franchise area, the franchisee's transmission and distribution system shall also be
so converted. The installation of new poles shall require specific approval of the City, which consent shall
not be unreasonably withheld. All installations shall be made in accordance with the National Electrical
Safety Code. Upon the request of the City, copies of agreements between a franchisee and a third party for
use of conduits, poles or other facilities shall be filed with the City, provided that the franchisee shall have
the right to redact proprietary and confidential information in such agreements as it pertains to financial
arrangements between the parties.
(F) All wires, cables, and other transmission lines, equipment and structures shall be installed and
located to cause minimum interference with the rights and convenience of property owners. The City may
adopt such rules and regulations concerning the installation and maintenance of a cable system installed
in, on, or over public rights-of-way, as may be consistent with this chapter, the franchise agreement and
applicable local, state or federal law.
(G) All safety practices required by law shall be followed during construction, maintenance, repair and
operation of a cable system. A franchisee shall not place facilities, equipment or fixtures where they will
interfere with any pre-existing gas, electric, telephone, water, sewer or other utility facilities, so as to
obstruct or hinder in any manner the various utilities serving the residents of the City or their use of any
street or any other public right of way.
(H) A franchisee shall, at all times:
(1) Install and maintain its wires, cables, fixtures and other equipment in accordance with the
requirements of any applicable building code or electrical safety code, and in such manner that they will
not interfere with any installations of the City.
39 ORD. NO. 18-03
(2) Keep and maintain in a safe, suitable, substantial condition, and in good order and repair,
all structures, lines, cables, equipment, and connections in, over, under, and upon the public rights-of-way.
(I) The City shall encourage, to the extent feasible, that a public utility and the franchisee cooperate in
opening up trenches and making such trenches available to all parties with the understanding that the costs
of opening and refilling of such trenches will be shared equitably by all users of such trenches. The
franchisee shall at all times comply with the requirements of the Trench Safety Act codified at Sections
553.60 through 553.64, Florida Statutes.
(J) In the event the use of any part of a cable system is discontinued for any reason for a continuous
period of twelve (12) months, or in the event such system or property has been installed in any public
rights-of-way without complying with the requirements of this chapter or a franchise agreement, or the
franchise has been terminated, canceled or expired and no renewal proceedings are pending, the franchisee
shall, within thirty (30) days after written notice by the City, commence removal from the public
rights-of-way of all such property as the City may reasonably require.
(K) The City may extend the time for the removal of the franchisee's equipment and facilities for a
period not to exceed one hundred eighty (180) days, and thereafter such equipment and facilities may be
deemed abandoned.
(L) In the event of such removal or abandonment, the franchisee shall restore the area to as good a
condition as prior to such removal or abandonment.
(M) Permits and compatible easements.
(1) It shall be the responsibility of the franchisee to obtain all necessary written permits and
approvals of governmental agencies and easement holders prior to beginning installation. It shall also be
its responsibility to determine any conflicts of its proposed installation with the facilities or equipment of
other easement holders or beneficiaries.
(2) The franchisee shall join and maintain a continuous membership in Sunshine State
One-Call of Florida, Inc., and use its services prior to each installation.
(3) The cable operator shall comply with the provisions of 47 U.S.C. §541(a).
(4) Underground installations in compatible easements shall be in accordance with the
National Electrical Safety Code and all other applicable laws, codes and regulations.
(5) Delivery equipment including pedestals, amplifiers and power supplies installed or worked
on by the franchisee shall be marked by the franchisee with the name of the franchisee. All pedestals and
amplifiers of the cable operator shall be marked within eighteen (18) months of the effective date of this
Ordinance.
40 ORD. NO. 18-03
(6) Upon request from the City, the franchisee shall permit representatives of the City to
inspect as-built plans of the installation in compatible easements at Franchisee's office in the City.
Section 93.25 ENFORCEMENT REMEDIES.
(A) In addition to any other rights or remedies available at law or equity or provided under this
chapter, the City may apply any one or combination of the following remedies in the event a franchisee
violates this chapter, its franchise agreement, or any applicable federal, state or local law or order:
(1) Impose liquidated damages in the amount of Five Hundred Dollars ($500.00) per violation
or order subscriber refunds in such amount, or as provided below or in a franchise agreement. Payment of
liquidated damages or refunds by the franchisee shall not relieve the franchisee of its obligation to comply
with this chapter or the franchise agreement.
(2) In the event of failure to obtain the applicable grant of authority to operate a cable system
including, but not limited to failure to obtain a franchise or in the event of transfer or change of control of
the franchise or the system without prior approval of the City a Franchisee shall pay to the City, liquidated
damages in the amount of One Thousand Dollars ($1,000.00) per day with each day constituting a
separate violation.
(3) In the event of a failure to produce insurance, bonds, letters of credit or other forms of
surety as required herein, a Franchisee shall pay to the City, liquidated damages in the amount of Five
Hundred Dollars ($500.00) per instrument per day with each day constituting a separate violation.
(4) In the event of a failure to complete the system construction, upgrade or rebuild as required
herein or in a franchise agreement, a Franchisee shall pay to the City, liquidated damages in the amount of
Two Thousand Dollars ($2,000.00) per day with each day constituting a separate violation.
(5) Whenever the City Manager receives information that a franchisee has allegedly violated
any provision of this chapter or the franchise agreement, such franchisee shall have thirty (30) days
subsequent to receipt of notice to correct the alleged violation. If after 15 days, the franchisee has failed to
correct the alleged violation, the City Manager shall determine if the franchisee has actually committed
the alleged violation and shall set forth with reasonable specificity the circumstances and the nature of the
alleged violation(s). If a violation is found, the fine assessed shall be deemed to have accrued from the
date of the initial notice to the franchisee and shall continue until such time as the violation is corrected or
otherwise resolved to the satisfaction of the City Manager. The franchisee shall have thirty (30) days from
the date of the City Manager's decision to file a written request with the City Manager petitioning the City
Commission for review of the violation finding(s). If the franchisee timely files such a written request, the
City Commission shall review the decision at a public hearing at which interested parties may be heard,
and thereafter approve it, modify it, or disapprove it.
(6) The City Commission reserves the right to automatically withdraw any such assessments
from the security fund upon three (3) days written notice to the franchisee. It is the intent of the City to
41 ORD. NO. 18-03
impose the applicable above referenced assessments as a reasonable estimate of the damages suffered by
the City and/or its subscribers, whether actual or potential, and may include without limitation, increased
costs of administration and other damages too difficult to measure.
(7) The City Commission reserves the fight to amend the assessment amounts or to adopt
further assessments for violations not specifically set forth in subsection (A)(1) above.
(8) The procedure, fights and remedies set forth in this section are not exclusive. Alternative
remedies which are not set forth in this section may be pursued simultaneously or subsequently.
Utilization by the City of the liquidated damages provisions set forth in this chapter shall not constitute a
waiver of any such alternative remedies.
(9) Revoke the Franchise pursuant to the procedures specified in Section 93.28 hereof.
(10) In addition to or instead of any other remedy, the City may seek legal or equitable relief
from any court of competent jurisdiction.
(11) If after hearing the dispute the claim is upheld by the City, Franchisee shall have ten (10)
business days from such a determination to remedy the violation or failure.
(12) In determining which remedy or remedies are appropriate, the City shall take into
consideration the nature of the violation, the person or persons bearing the impact of the violation, the
nature of the remedy required in order to prevent further violations, and such other matters as the City
determines are appropriate to the public interest.
(13) The time for Franchisee to correct any alleged violation may be extended by the City if the
necessary action to correct the alleged violation is of such a nature or character to require more than thirty
(30) days within which to perform provided Franchisee commences the corrective action within the thirty
(30) day period and thereafter uses reasonable diligence to correct the violation.
(14) Failure of the City to enforce any requirements of a Franchise agreement or this Ordinance
shall not constitute a waiver of the City's fight to enforce that violation or subsequent violations of the
same type or to seek appropriate enforcement remedies.
Section 93.26 RENEWAL OF FRANCHISE.
(A) Renewal of a franchise shall be conducted in a manner consistent with 47 U.S.C. {}546. Unless
prohibited by applicable law, the following requirements shall also apply:
(1) The application shall comply with the requirements of this section and provide the specific
information requested in the City's notice for renewal proposal. The City's notice may specify a reasonable
deadline for filing an application, but the deadline for filing the application shall be no earlier than thirty
(30) calendar days following the date of the notice.
42 ORD. NO. 18-03
(2) Upon a proposal for renewal of a franchise, the City shall determine the state-of-the art
level of services needed to satisfy the community's cable related needs and interests. The proposal for
renewal shall set forth the technical, equipment, construction, customer service, system and performance
upgrades and activation schedule the franchisee shall implement to meet the community's state-of-the-art
interests.
(B) Any request to initiate a renewal process or proposal for renewal not submitted within the time
period set forth in §47 U.S.C. § 546(a), shall be deemed an informal proposal for renewal and shall be
governed in accordance with 47 U.S.C. § 546(h). The City may hold one or more public heatings or
implement other procedures under which comments from the public on an informal proposal for renewal
may be received. Following such public hearings or other procedures, the City Commission shall
determine whether the franchise should be renewed and the terms and conditions of any renewal.
(C) If the City Commission grants a renewal application pursuant to 47 U.S.C. § 546(h), the City and
the franchisee shall agree on the terms of a franchise agreement, pursuant to the procedures specified in
this chapter, before such renewal becomes effective.
(D) If renewal of a franchise is lawfully denied, the City may acquire ownership of the cable system or
effect a transfer of the cable system to another person upon approval of the City Commission consistent
with the terms of 47 U.S.C. §547.
(E) If renewal of a franchise is lawfully denied and the City does not purchase the cable system or
approve or affect a transfer of the cable system to another person, the City may require the former
franchisee to remove its facilities and equipment at the former franchisee's expense. If the former
franchisee fails to do so within a reasonable period of time, the City may have the removal done at the
former franchisee's and/or surety's expense.
(F) The fee for consideration of a renewal proposal is set forth at Section 93.09(I).
(G) Period of effectiveness. The renewal shall be for a period not to exceed ten (10) years. Depending
upon the facts and circumstances, the City may provide for a shorter term in the franchise agreement.
Section 93.27 TRANSFER OF FRANCHISE.
(A) No transfer of a franchise shall occur without prior approval of the City, which approval shall not
be unreasonably withheld.
(B) An application for a transfer of a franchise shall meet the requirements of Section 93.09, and
provide complete information on the proposed transaction, including details on the legal, financial,
technical and other qualifications of the transferee, and on the potential impact of the transfer on
subscriber rates and service. No application for a transfer or change of control shall be considered
complete until the applicant has provided all information required by the City.
43 ORD. NO. 18-03
(C) An application for approval of a pro forma transfer of a franchise shall be considered granted on
the sixty-first (61") calendar day following the filing of such application with the City unless, prior to that
date, the City notifies the franchisee to the contrary. An application for approval of a pro forma transfer of
a franchise shall clearly identify the application as such, describe the proposed transaction, and explain
why the applicant believes the transfer is pro forma. Unless otherwise requested by the City within thirty
(30) calendar days of the filing of an application for a pro forma transfer, the applicant shall be required to
provide only the information required in Sections 93.09(E)(1)(2)(3)(4)(13)(16)(17) and (19) with respect
to the proposed transferee.
(D) In making a determination on whether to grant an application for a transfer of a franchise, the City
Commission shall consider the legal, financial, technical and other qualifications of the transferee to
operate the system; whether the incumbent franchisee is in compliance with this chapter and its franchise
agreement, and, if not, the proposed transferee's commitment and capability to cure such noncompliance;
and whether operation by the transferee would adversely affect cable services to subscribers, or otherwise
be contrary to the public interest.
(E) No application for a transfer of a franchise shall be granted unless the transferee agrees in writing
that it will abide by and accept all terms and provisions of this chapter and the franchise agreement and
that it will assume the obligations and liabilities of the previous franchisee under this chapter and the
franchise agreement whether known or unknown as of the date of the proposed transfer.
(F) Approval by the City of a transfer of a franchise does not constitute a waiver or release of any of
the rights or remedies of the City under this chapter or the franchise agreement, whether arising before or
after the date of the transfer.
(G) The applicable application fee for consideration of a transfer proposal is set forth at Section
93.09(I).
Section 93.28 REVOCATION OR TERMINATION OF FRANCHISE.
(A) A franchise may be revoked by the City Commission because of the franchisee's material failure to
construct, operate or maintain the cable system as required by this chapter or the franchise agreement or
for any other material violation of this chapter or material breach of the franchise agreement. To invoke
the provisions of subsection A, the City shall give the franchisee written notice, by certified mail at its last
known address, that the franchisee is in material violation of this chapter or in material breach of the
franchise agreement, and describing the nature of the alleged violation or breach with reasonable
specificity. If within thirty (30) calendar days following receipt of such written notice from the City, the
franchisee has not cured such violation or breach, or has not commenced corrective action and such
corrective action is not being actively and expeditiously pursued, the City may give written notice to the
franchisee of its intent to revoke the franchise, stating its reasons.
44 ORD. NO. 18-03
(B) Prior to revoking a franchise under subsection A above, the City Commission shall hold a public
heating upon thirty (3 0) calendar days notice, at which time the franchisee and the public shall be given
an opportunity to be heard. Following the public hearing the City Commission may determine whether to
revoke the franchise based on the evidence presented at the heating, and other evidence of record. If the
City Commission determines to revoke a franchise, it shall issue a written decision setting forth the
reasons for its decision. A copy of such decision shall be transmitted to the franchisee.
(C) Notwithstanding subsections A and B hereof, at the option of the City, following a public heating
before the City Commission, any franchise may be revoked one hundred twenty (120) calendar days atter
an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the
business of the franchisee, whether in a receivership, reorganization, bankruptcy, assignment for the
benefit of creditors, or other action or proceeding, unless within that one hundred twenty (120) day period:
(1) Such assignment, receivership or trusteeship has been vacated; or
(2) Such assignee, receiver or trustee has fully complied with the terms and conditions of this
chapter and the franchise agreement and has executed an agreement, approved by a court having
jurisdiction, assuming and agreeing to be bound by the terms and conditions of this chapter and the
franchise agreement.
(3) Such action is otherwise prohibited by controlling law.
(D) In the event of foreclosure or other judicial sale of any of the facilities, equipment or property of a
franchisee, the City may revoke the franchise, following a public hearing before the City Commission, by
serving notice upon the franchisee and the successful bidder at the sale, in which event the franchise and
all rights and privileges of the franchise shall be revoked and shall terminate thirty (30) calendar days after
serving such notice, unless:
(1) The City has approved the transfer of the franchise to the successful bidder; and
(2) The successful bidder has covenanted and agreed with the City to assume and be bound by
the terms and conditions of this chapter and the franchise agreement.
(E) If the City revokes a franchise, or if for any other reason a franchisee abandons, terminates or fails
to operate or maintain service to its subscribers, the following procedures and rights are effective:
(1) The City may require the former franchisee to remove its facilities and equipment at the
former franchisee's expense. Reasons for removal include, but are not limited to (a) abandonment; (b)
termination of franchise; (c) failure to operate or maintain service to subscribers; or (d) failure to obtain
the proper license, permit or franchise to have facilities located in the streets or public rights-of-way and
offer services via those facilities. Failure to obtain a permit to use the cable system for OVS services is
reason for City requirement of removal of facilities. If the former franchisee fails to remove the facilities
within a reasonable period of time, the City may have the removal done at the former franchisee's and/or
45 ORD. NO. 18-03
surety's expense. This section does not apply to equipment which is leased by the franchisee from a third
party.
(2) The City, by decision of the City Commission, may acquire ownership, or effect a transfer,
of the cable system at an equitable price subject to the terms of applicable law.
(3) If a cable system is abandoned by a franchisee, the City may sell, assign or transfer all or
part of the assets of the system subject to applicable law.
(F) Where the City has issued a franchise specifically conditioned in the franchise agreement upon the
completion of construction of a cable system, a system upgrade or other specific obligation by a specified
date, failure of the franchisee to complete such construction or upgrade or other obligation shall constitute
a material breach of the franchise making it subject to revocation in accordance with the procedures set
forth herein, unless the City, at its discretion and for good cause demonstrated by the franchisee, grants an
extension of time.
(G)
This section shall not be interpreted as a waiver of rights granted by federal law to the City or any
Franchisee.
Section 93.29 CONTINUITY OF SERVICE MANDATORY.
(A) It is the right of each subscriber to receive all available services requested from the franchisee as
long as such subscriber's financial and other obligations to the franchisee are satisfied.
(B) In the event of a termination or transfer of a franchise for whatever reason, the franchisee shall
cooperate with the City to ensure that all subscribers receive continuous, uninterrupted service regardless
of the circumstances. The franchisee shall cooperate with the City to operate the cable system for a
temporary period following termination or transfer as necessary to maintain continuity of service to all
subscribers. However, the temporary period shall not exceed six (6) months without the franchisee's
written consent. During such period, the cable system shall be operated under such terms and conditions
as the City and the franchisee may agree, or such other terms and conditions that will continue, to the
extent possible, the same level of service to subscribers and that will provide reasonable compensation to
the franchisee.
(C) In the event a franchisee fails to operate the cable system for seven (7) consecutive days without
prior approval of the City or without just cause, the City may, at its option, operate the system or designate
an operator until such time as the franchisee restores service or until a permanent operator is selected. If
the City decides to pursue such option, the franchisee shall reimburse the City for all costs or damages
resulting from the franchisee's failure to perform that are in excess of the revenues from the system
received by the City. Additionally, the franchisee shall cooperate with the City to allow the City's
employees and/or agents free access to the franchisee's facilities and premises for purposes of continuing
system operation.
46 ORD. NO. 18-03
Section 93.30 RATES.
Nothing in this chapter shall prohibit the City from regulating rates for cable services to the full extent
permitted by law.
Section 93.31 PERFORMANCE EVALUATION.
The City shall conduct periodic performance evaluations of a franchisee as the City deems necessary. A
franchisee shall cooperate with these evaluations reasonably and in good faith. If the City implements a
survey of cable subscribers in connection with a performance evaluation, the City may require a
franchisee to distribute the City's questionnaire to its subscribers at the City's expense. Upon request and
upon reimbursement of the City's copying costs, the franchisee may receive copies of all responses.
Section 93.32 ADMINISTRATION.
(A) The City Manager or his designee shall have the responsibility for overseeing the day-to-day
administration of this chapter and franchise agreement. The City Manager or his designee shall be
empowered to take all administrative actions on behalf of the City, except for those actions specified in
this chapter that are reserved to the City Commission. The City Manager may recommend that the City
Commission take certain actions with respect to any franchise.
(B) Responsibility for the administration of this article and any franchise granted hereunder and for the
resolution of all complaints against a franchisee regarding the quality of service, equipment malfunctions,
and related matters, including the authority to order refunds or fees is hereby delegated to the City
Manager, or his designee, who is empowered, among other things, to adjust, settle, or compromise any
controversy arising from operations of the franchisee, either on behalf of the City, the franchisee or any
subscriber, in accordance with the best interests of the public. In cases where requests for service have
been ignored or unfilled or for whatever reason are unsatisfactory, the City Manager shall have the power
to require the franchisee to provide service if in the opinion of the City Manager such request for service
is reasonable. Provided, that any person aggrieved by a decision of the City Manager, including
franchisee, may appeal the matter to the City Conunission for heating and determination. The City
Commission may accept, reject or modify the decision of the City Manager, and may adjust, settle or
compromise any controversy arising from the operations of the franchisee under any franchise granted
pursuant to this article. No adjustment, settlement, or compromise, whether instituted by the City Manager
or by the City Commission shall be contrary to the provisions of this article or any franchise agreement
issued pursuant to this article.
(C) To the extent permitted by federal law, the City Commission shall have the sole authority to
regulate rates for cable services, grant or not grant franchises, authorize the entering into of franchise
47 ORD. NO. 18-03
agreements, modify franchise agreements, renew or deny renewal of franchises, revoke franchises, and
authorize or not authorize the transfer of a franchise.
Section 93.33 FRANCHISE ACCEPTANCE.
A franchisee shall agree to abide by all of the provisions, terms and conditions of this chapter, its franchise
and any terms and conditions of a grant, renewal, transfer or modification. All franchisees further agree
that they will not, at any time, now or in the future, set up against the City or the City Commission the
claim that the provisions of this Chapter or its franchise are unreasonable, arbitrary or void.
Section 93.34 FORCE MAJEURE.
In the event a franchisee's performance of or compliance with this chapter or the franchise agreement is
prevented by a cause or event not within the franchisee's control, such inability to perform or comply shall
be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however,
that the franchisee shall use all practicable means to expeditiously cure or correct any such inability to
perform or comply. For purposes of this chapter and any franchise agreement, causes or events not within
a franchisee's control shall include, without limitation, acts of God, floods, earthquakes, landslides,
hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage,
strikes and restraints imposed by order of a governmental agency or court. Causes or events within the
franchisee's control, shall include, without limitation, a franchisee's financial inability to perform or
comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of the franchisee's
directors, officers, employees, contractors or agents.
Section 93.35 APPLICABILITY.
(A) Any franchise entered into prior to the effective date of this Ordinance shall remain in effect
according to the terms and conditions of the franchise agreement and shall be subject to this chapter to the
full extent permitted by law including, but not limited to Sections 93.09, 93.11, 93.21, 93.24, 93.26 and
93.27.
(B) Any franchise entered into after the effective date of this Ordinance shall be subject to this chapter
and the terms and conditions of the franchise agreement. In the event of any conflicting or inconsistent
provisions, this chapter as in effect on the date of the grant of the franchise shall prevail unless otherwise
expressly set forth in the Franchise Agreement.
Section 93.36 CITY CABLE SYSTEM OWNERSHIP AUTHORIZED.
Nothing in this chapter shall be construed to limit in any way the ability or authority of the City to acquire,
construct, own, and/or operate a cable system to the full extent permitted by law.
Section 93.37 RESERVATION OF RIGHTS.
48 ORD. NO. 18-03
TO: MANAGER
THRU:
FROM:
PA~.L DOR~NG,
OF PLANNING & ZONING
KING MANAGEMENT SPECIALIST
SUBJECT:
MEETING OF JULY 8, 2003 - REGULAR AGENDA
ADOPTION OF ORDINANCE 19-03 AMENDING ORDINANCE 14-02 WITH
REGARDS TO THE IMMOBILIZATION OF VEHICLES BY THE CITY FOR THE
COLLECTION OF OUTSTANDING PARKING FINES
Ordinance 14-02 allowed the City to immobilize vehicles for failure to pay outstanding parking citations.
The ordinance has not yet been implemented due to a concern that the placement of stickers on the
windshield and drivers window of the vehicle might create certain liabilities if the stickers were not
removed subsequent to payment and removal of the immobilization device.
To alleviate this potential liability, a sticker that can be easily removed from the vehicle was needed. It
was determined that "static window decals", similar to those used by automobile mechanics to note oil
change schedules would be appropriate.
Ordinance 14-02, Section (D) required the amount of civil penalties to be written on the sticker prior to
being affixed to the vehicle. When sampling the decals with a variety of pens and markers it was
discovered that they all smudged. In an effort to avoid any potential challenges to the ordinance due to
the information being illegible, it was determined that an amendment to the ordinance was in order.
Ordinance 19-03, (attached) achieves this through the following modification:
(D) At the time that an immobilizing device is attached to a motor vehicle, a notice shall be affixed to the
windshield and to the left front window (drivers side) stating that the immobilizing device has been
attached and cautioning the operator not to attempt to operate the motor vehicle or to attempt to remove
the immobilizing device. The notice shall inform the owner or operator of the motor vehicle ef~theJ, etal
...... * ~ ";"" .... "; ......... '~ '""~"' *~'~ ";*"*;""" ~ ..... ~';"~' that the motor vehicle is immobilized
because of civil penalties assessed due to unpaid citations, plus-the that a removal charge for removal of
the immobilizing device has been incurred, and the location to which the owner or operator must go in
order to pay the civil penalties and removal charge and have the immobilizing device removed from the
motor vehicle.
This was discussed at the Development Services Management Group on June 19, 2003 with direction to
proceed by amending Ordinance 14-02.
By motion, adopt Ordinance 19-03 eliminating the requirement for the amount of outstanding fines to be
placed on the window sticker.
Attached:
[] Ordinance 19-03
ORDINANCE NO. 19-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 14-02 THAT PROVIDED FOR THE
IMMOBILIZATION OF VEHICLES BY THE CITY FOR
THE COLLECTION OF OUTSTANDING PARKING
FINES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 14-02 was adopted on May 21, 2002 and provided for the
immobilization of vehicles by the City for failure to pay outstanding parking fines issued by the City;
and
WHEREAS, the City Commission desires to amend Ordinance No. 14-02 in order to clarify
that the mount of the outstanding fines or penalties shall not be required to be placed on the
window sticker affixed to the vehicle that is immobilized.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Paragraph "D" of Ordinance No. 14-02 of the City of Delray Beach is
hereby amended to read as follows:
(D) At the time that an immobilizing device is attached to a motor vehicle, a notice shall be
affixed to the windshield and to the left front window (drivers side) stating that the immobilizing
device has been attached and cautioning the operator not to attempt to operate the motor vehicle or
to attempt to remove the mobilizing device. The notice shall inform the owner or operator of the
motor vehicle c.f .u,~ ..... ~......~ amc. u:xt c.f ci~-~ .... ~ ......... a __a^_ .u^ _:.~.~__~
t' ............................... far w?2c.k that the
motor vehicle is mobilized because of civil penalties assessed due to unpaid citations, r ...... that
a removal charge for removal of the mobilizing device has been incurrec!, and the location to
which the owner or operator must go in order to pay the civil penalties and removal charge and have
the mobilizing device removed from the motor vehicle.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ., 200
ATI'EST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 19-03
[ITY OF I)ELRrlY BEACH
CITY ATTORNEY'S OFFICE ~oo ,~ ,~. ^v,,~,. ,~,^~ ,,^~,. ,~o,,,^ ,..,
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: June 30, 2003
TO:
Wdter's Direct Line: 561/243-7091
MEMORANDUM
FROM:
City Co~,~~
Brian Shutt, Assistant City Attorney
SUBJECT: Proposed Changes to the Noise Ordinance
The proposed changes clarify that Section 99.04(A)(19), "Outdoor playing of
musical instruments, phonographs and similar devices", that prohibits the outdoor
playing of musical instruments or production of musical sound, shall apply only to
residential zoning districts. This clarification is needed as Section 99.04(A)(19)is
inconsistent with Section 99.04(A)(1), that allows for the playing of musical
instruments as long as the sound does not exceed certain levels. Section
99.04(A)(1) shall continue to apply to all areas where musical instruments or
musical sound is played outside.
We have also proposed some changes to Section 99.04(A)(1)(a) to make it more
readable. These changes do not affect the interpretation or meaning of the
section.
By copy of this memo to David Harden, our office requests that this item be placed
on the July 8, 2003 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Capt. Ross Licata, Police Dept.
ORDINANCE NO. 21-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 99, "NOISE CONTROL", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
SECTION 99.04, "LOUD AND UNNECESSARY NOISES
ENUMERATED; EXEMPTIONS", BY AMENDING
SUBSECTION 99.04(A)(1), ''NOISE FOR
ENTERTAINMENT PURPOSES", TO CLARIFY CERTAIN
DISTANCE REQUIREMENTS FOR NOISE EMANATING
FROM VEHICLES AND BUILDINGS; BY AMENDING
SUBSECTION 99.04(A)(19), "OUTDOOR PLAYING OF
MUSICAL INSTRUMENTS, PHONOGRAPHS AND
SIMILAR DEVICES", TO PROVIDE THAT THE OUTDOOR
PLAYING OF MUSICAL OR SIMILAR INSTRUMENTS IS
PROHIBITED IN RESIDENTAL ZONING DISTRICTS;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 99 of the Code of Ordinances provides the level of noise that shall
be allowed from any source; and
and
WHEREAS, Section 99.04(A)(1) sets forth the distance requirements for noise levels;
WHEREAS, there are currently many businesses that provide music whether live or by
other devices at the front of businesses, on porches and in other areas that are either outdoors or
not in totally enclosed places; and
WHEREAS, these businesses comply with the noise ordinance regarding the level of
noise that they are creating, even though the music is occurring outdoors; and
WHEREAS, Section 99.04(A)(19) of the Code of Ordinances prohibits the outdoor
playing of musical instnmaents or other similar devices in every zoning district of the City and
thus it is inconsistent with Section 99.04(A)(1) as currently drafted; and
WHEREAS, the City wishes to amend Section 99.04(A)(19) to provide that the outdoor
playing of musical instruments or other similar devices shall only be prohibited in residential
zoning districts.
Ord. No. 21-03
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 99, "Noise Control", Section 99.04, "Loud and Unnecessary
Noises Enumerated; Exemptions", Subsection 99.04(A)(1), "Noise for Entertainment Purposes"
of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended as follows:
(A) Certain acts declared unlawful. The following acts, and the causing thereof,
among others, are declared to be unlawful and in violation of this chapter:
(1) Noise for entertainment purposes. It shall be unlawful for any person or
persons to play, use, operate or permit to be played, used or operated, any radio, musical
instrument, phonograph or other machine or device for the producing or reproducing of sound if
such sound is for the purpose of entertainment or is used for that purpose and can be heard from
the distances stated in subsection (a) or violates the parameters set forth in subsection Co).
(a) Violation will occur if the noise source is located within an
automobile;, that is located in or upon a public street, highway, building, sidewalk, park,
thoroughfare or other public area, or is located in or upon a public access area, such as a
shopping mall, parking lot or the like or on any private property, and the sound can be heard
more than fifty (50) feet from its source_. ~ A violation shall also occur if the noise source is
located in a building or other structure or outside of such building or structure and the sound can
be heard more than one hundred (100) feet away from the building or structure or the boundaries
of the property surrounding such building or structure, whichever is greater. Provided however,
that the outdoor playing of musical instruments or music is prohibited in residential zoned
districts pursuant to Subsection (A)(19)
Co) It shall be prima facie evidence of violation of this section if the
sound can be heard outside the limits described in subsection (a), or creates a noise disturbance
within noise sensitive zones or if said sound violates any vibration or decibel levels set forth in
this chapter (except for activities open to the public and for which a permit has been issued by
the city according to the criteria set forth in Sec. 99.30).
(c) Where the noise source is located in a building or other structure,
the owner, occupant, resident manager or other person in charge of the premises shall, if present,
be presumed to have permitted the noise in the absence of evidence to the contrary.
(d) This section shall not apply to non-commercial spoken language
covered under subsection (A) of this section.
Ord. No. 21-03
Section 2. That Chapter 99, "Noise Control", Section 99.04, "Loud and Unnecessary
Noises Enumerated; Exemptions", Subsection 99.04(A)(19), "Outdoor Playing of Musical
Instruments, Phonographs and Similar Devices" of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby mended as follows:
(A) Certain acts declared unlawful. The following acts, and the causing thereof,
among others, are declared to be unlawful and in violation of this chapter:
(19) Outdoor playing of musical instruments, phonographs and similar
devices. Operating, playing or permitting the operation or playing outdoors of any musical
instrument, drum, phonograph, sound amplifier or similar device that produces, reproduces or
amplifies musical sound is hereby prohibited in residential zoning districts. The operation or
playing shall be deemed to be outdoors if the musical instrument or source of the amplification is
not located within a building or other structure that is fully enclosed by walls and a roof. This
section shall not apply to activities open to the public for which a permit has been issued by the
city according to criteria set forth in Sec. 99.30. In addition, division (A)(19) of this section shall
not apply to noncommercial spoken language covered under division (A)(2) of this section.
Section 3. That should any section or provision of this ordinance or any portion
thereof, may 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 4. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 5.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
__. day of 2003.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading.
Ord. No. 21-03