10-09-07 Special/WS AgendaDELRAY BEACH Q~~j/~
CITY COMMISSION a~~~~r
CITY OF DELRAY BEACH, FLORIDA ~ I
SPECIAL/WORKSHOP -TUESDAY, OCTOBER 9, 2007
6:00 P.M. FIRST FLOOR CONFERENCE ROOM 1993
2001
'The City will furnish appropriate auxiliary aids and services where necessary to afford an individual
with a disability an equal opportunity to participate in and enjoy the benefits of a service, program,
or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the program
or activity in order for the City to reasonably accommodate your request. Adaptive listening devices
are available for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Rita Ellis has instructed
me to announce a Special Meeting of the City Commission to be held for the following purposes:
1. ENCHROACHMENT AGREEMENTLFENCE INSTALLATION
AGREEMENT/ROYAL ATLANTIC/BOB FEDERSPIEL GARAGE: Approve an
agreement between the City and Ocean City Place, LLC providing that the City is released
from any claim regarding any issue pertaining to the encroachment of chemical grout located
adjacent to the north face of the Bob Federspiel Garage building; and approve a fence
installation guaranty agreement allowing Royal Atlantic to construct at its own cost a
louvered fence on the top floor of the Bob Federspiel Garage Building.
2. CONTRACT AWARD/ALL-RITE PAVING .CONTRACTORS. INC.: Consider
approval of a contract award to All-Rite Paving Contractors, Inc. in the amount of
$135,804.50 for the construction of the west parking lot at the Delray Beach Swim and
Tennis Center Project and consider waiving the irregularity of the lack of acknowledgement
of Addendum No. 1. Funding is available from 117-4133-572-65.57 (Recreation Impact Fee
FD/Swim and Tennis Parking Lot). (Postponed to the October 16, 2007 Regular
Commission Meeting
LEORSSHOPAGENDA
1. Funding of the Virtual Tours on the City's web page
2. Discussion regarding Creative City Collaborative
3. Update on the Historic Preservation Ordinance
4. Presentation of the QAlert System
5. Proposed Motorcycle Ordinance
6. Budget Task Force/Qualifications fox Positions
7. Discussion regarding the reports to the Commission
8. Commission Comments
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: SUSAN A. RUBY, CITY ATTORNEY
DATE: OCTOBER 1, 2407 p
SUBJECT: AGENDA ITEM # ~ ~ • I SPECIAL MEETING OF OCTOBER 9.2007
ENCROAC>EIIVVIENT AGREEMENT AND FENCE INSTALLATION
AGREEMENT/ROYAL ATLANTICBOB FEDERSPIEL GARAGE
ITEM BEFORE COMMISSION
There are two agreements before the City Commission. Each agreement is dependent on the
approval of the other. The Encroachment agreement provides that the City is released from any
claim regarding any issue pertaining to the encroachment of chemical grout located adjacent to the
north face of the Bob Federspiel Garage building. The Fence Installation Agreement allows Royal
Atlantic to construct at its own cost a louvered fence on the top floor of the Bob Federspiel Garage
Building.
BACKGROUND
Encroachment Agreement: Block 77 constructed the garage that is adjacent to the Royal Atlantic
Property owned by Ocean City Place, LLC. that is the property north of the Bob Federspiel Garage.
In the course of construction chemical grout was injected under the surface of the land. As a result a
solid mass of grout was created which touched the Royal Atlantic Property. The encroachment
agreement allows this encroachment to continue and each parry shall be responsible to repair in the
future any part thereof that lies on their respective properties. Each party releases each other from
any claim regadding the encroachment. The mortgage on the Royal Atlantic Property has been
subordinated to this agreement which if approved will be filed in the public records and run with the
land.
Fence Installation Agreement: 'This agreement allows Ocean City place LLC to install a 77 foot in
length by 6 feet in height louvered fence on the top of the cement wall on the upper level on the
north side of the Bob Federspiel Parking Garage. Royal Atlantic will hire a contractor at its sole
cost and expense to install the fence. The agreement provides that the wall manufacturer, Core Slab,
Inc will inspect the work to ensure that all warranties relating to the garage remain in effect. Ocean
City and the contractor shall provide insurance as set forth in pazagraph L of the agreement. Ocean
city will obtain all permits required at its own cost and expense. Ocean City has the duty to maintain
the fence subject to city's prior written approval at Ocean City's sole expense and if they fail to do
so the City may make repairs and charge Ocean City or its successors and upon failure to pay the
City may have the fence removed.
RECOMMENDATION
The City Attorney's office recommends approval of both agreements.
Prepared by and Return to
STEVEN D. RUBIN, ESQ.
980 North Federal Highway, Suite 434
Boca Ratoa, Florida 33432
AGREEMENT BETWEEN ADJOINING
LANDOWNERS PERMITTING ENCROACHMIENT OF
CHEMICAL GROUT BETWEEN TWO BUII..DIIVGS
THIS AGREEMENT is made this Z / day of _.S'~' P 7' • , 2007, by and between
OCEAN CI'T'Y PLACE, LLC, a Florida Limited Liability company ("OCEAN CITY PLACE', of
Palm Beach County, Florida and CITY OF DELRAY BEACH, a Florida Municipal Corporation
("CITY"}of Palen Beach County, Florida, the undersigned parties.
WHEREAS, CITY is the owner of that ocrtain parcel of real property as more Particularly
described on Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the
"Garage Property"; and
WHEREAS, OCEAN CITY PLACE is the owner of the adjacent parcel of real property
located to the north of and contiguous to the Garage Property as more particularly described on
Exhibit "B" attached hereto and made a pact hereof, hereinafter referred to as the "Royal Atlantic
'~ ~
WHEREAS, CITY' S predecessor in title, BLOCK 77 DEVELOPMENT GROUP, a Florida
Limited Liability Corporation {"BLOCK 77"} constructed a garage on the Garage Property and
OCEAN CITY PLACE has constructed a condominium on the Royal Atlantic Property; and
WHEREAS, in the course of coastructing the garage on the Garage Property, pursuant to a
letter agreement between BLOCK 77 and OCEAN CITY PLACE dated Apri128, 2006, BLOCK 7?
injected chemical grout and/or concrete-likt material (hereinafter collectively referred to as
"Chemical Grout's under the surface ofthe land between the Garage Property and the Royal Atlantic
Property for the purpose of strengthening the soil under the Royal Atlantic Property appurtenant to
the foundation of the condominium on the Royal Atlantic Property; and
WHEREAS, as a result of the injection of the Chemical Grout by BLOCK 77, a contiguous
solid mass of the Chemical Grout was created commencing from the northern footers of the garage
under the surface of the Garage Property to end tou+clring tbe foundation of~l~e wndominium located
under the surface of the Royal Atlantic Property (the poRion of the Chemical Grout lying under the
surface of the Royal Atlantic Property is hereinafter referred to as the "Encroachment Area'; and
WHEREAS, BLOCK 77 conveyed the Garage Property to the CITY; and
Page 1 of 7
WHEREAS, CITY and OCEAN CITY PLACE desire to memorialize their agreement
concerning the Encroachment Area which will be binding upon and 'snore to the benefit of the
pasties' successors and assigns, including without limitation.
NOW, TIiEREFORE, in consideration of the mutual promises and covenants contgined
herein, and for other good and valuable consideration the receipt whereof is hereby acla-owledgod
by each of the parties, CITY and OCEAN CITY PLACE agree upon the following terms and
conditions:
l . By virtue of the execution of this Agreement and except for the easement created by
this Agreement, CITY hereby quit-claims, remises, releases and transfers to OCEAN CTI'Y PLACE
any and all right, title and interest CITY has in and to the Royal Atlantic Property which may have
arisen and which may arise by adverse possession ar otherwise, due to the Chemical Grout in the
Encroachment Area. By virtue of the execution of this Agreement, OCEAN CITY PLACE hereby
quit-claims, remises, releases and transfers to CTTY any and all right, title and interest OCEAN
CITY PLACE has in and to the Garage Property which may have arisen and which may arise by
adverse possession or otherwise, with respect to the Chemical Grout located under the surface of the
Garage Property.
2. OCEAN CITY PLACE, for itself and for its successors and assigns, covenants and
agrees that as long as the garage shall remain standing oa the Garage Property (os sn the event of its
destruction, it is rebuilt}, CITY, and its successors and assigns, shall have the right to keep the
Chemical Grout in place in the Encroachment Area tv the same extent and in the same manner as
it now may encroach under the surface of the Royal Atlantic Property.
3. If and when the need arises for the repair, replacement yr other maintenance of the
Chemical Grout in the Encroachment Area, the cost of such repair, naintenance and replacement
shall be bourne exclusively by OCEAN CITY PLACE, and CITY shall nave no obligation to
maintain, repair or replace any portson ofthe Chemieai Grout which is located in the Encroachment
Area. OCEAN CTTY PLACE, for itself and its successors and assigns, agrees that it shall not
replace or remove the Chemical Gtut in the Encroachment Area if such removal or replacement
would damage or injure any portion of the garage or impair wall or footer support of the garage
located on the Garage Property.
4. If and when the need arises for the repair, replacement or other maintenance of the
Chemical Grout located under the surface of the Garage Property, the cost of such repair,
maintenance and replacement shall be bourne exclusively by CITY.and OCEAN CITY PLACE shall
have no obligation to maintain, repair or replace any portion of the Chemical Grout located under
the surface of the Garage Property. CITY for itself and its successors and assigns, agrxs that if s~
not replace oz remove the Chemical Grout located under the surface of the Garage Property
removal or replacement would damage or injure any portion of the condominium or impair wall or
footer support of the condominium looted on the Royal Atlantic Property.
Page 2 of 7
5. Except as otherwise stated in this Agreement, OCEAN CITY PLACE duos hereby
remise, release, acquit, satisfy, and forever discharge the CITY, and its agerrts, representatives,
officers, directors, employees, commissioners, attorneys and departments of and from all, and all
manner of actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings,
bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity,
which OCEAN CITY PLACE over had, now has, or which OCEAN CITY PLACE and any
personal representative, successor, heir or assign of OCEAN CITY PLACE hereafter can, shall
or may have against the CITY for, upon or by reason of any matter, cause or thing whatsoever,
from the beginning of the world to the day of these presents, including without limitation all
actions, claims or liabilities whether accrued, unaccrued, known or unknown in connection with
or arising out of BLOCK 77'S the injection of Chemical Grout upon or under the Roya! Atlantic
Property.
6. OCEAN CITY PLACE hereby grants, conveys and transfersto CITY anon-exclusive
easement in perpetuity for the use and placement of the Chemical Grout in the Encroachment Area
to the same extent as it may now encroach under the surface of the Royal Atlantic Property, subject
to ordinary and usual shifting and settling.
7. 'This Agreement shad be binding upon and inure to the benefit of the parties, their
respective, successors, assign, heirs, grantees and personal representatives and any other person or
other entity which at any time in the future will be came the owner of the Garage Property or Royal
Atlantic Property, respectively.
8, 'This Agrce~nent shat! constitute a covenant which runs with land with respect to the
Garage Property and Royal Atlantic Property, as provided by law.
9. This Agreement supersedes any and all prior or contemporaneous agreements, both
oral and written, and this Agreement contains all of the covenants and agreements with respect to
the terms stated herein.
10. Any notices to be given under this Agreement by one party m the other may be
effected either by personal delivery in writing or by register+cd or certified mail, with postage prepaid
and return receipt requested. Mailed notice shall be addressed to the parties at the addr+csses stated
below respectively, or as they may appear in the corporate records of the Florida Secretary of State.
However each party may change the address for receipt of notice by giving written notice is
accordance with this paragraph. Notices delivered personally will be deemed communicated at tb~e
time of delivery. Mailed notices will be deemed communicated throe (3) days after deposit in tbs
U. S. Mail. Any notice to CITY shall be addressed to:
Susan Ruby, Esq.
City Attorney
City of Delray Beach
Page 3 of 7
_~ --
20o N. W. i' Avenue
Delray Beach, Florida 33444
With a Dopy to:
Steven D. Rubin, Esq.
980 North Federal Highway, Suite 434
Boca Raton, Florida 33432
Any notice to OCEAN CITY PLACE shall be addressed ta:
Ocean City Place
2740 Monroe Avenue
Rochester, New York 14618
With a copy to:
Blaine Dickenson, Esq.
Dickenson, Murphy, Rex ~ Sloan
980 North Federal Highway, Suite 410
Boca Raton, Florida 33432
1N WITNESS WHEREOF, the undersigned have henetmto set their hands and seals the day
a~n}d yearfi~rs~t above written.
`~J~~./~~(X~I ~ OCEAN CI?Y PLACE, LLC, a Florida
Wita~ j ~ ~~CS `J ~ Limited Liability Company
t name of Witness
~ C~RalY1 ~..
itncs~ BY: t/G ~~~~~
1 '(~. ~ C
Print name of witness 'o Daniele, Managing Member
CITY OF DELRAY BEACH, a Florida
witness Municipal Corporation
Print name of witness
Witness
Print name of witness
By.
Mayor'
Date:
Page 4 of 7
.. ~..
Attested by:
Prirnted Name
City Clerk
NeVJ ~IG~~
STATE OF ~6R~A
COUNTY OF Monroe.
{Municipal Seal)
The foregoing instrument was acknowledged before me this ~ day of y=~`""-' 2007,
by Mario Daniels, Managing Member of OCEAN CITY PLACE, LLC, a Florida L~ted Liability
Company, who
(please check one)
X is (are) personally known to me OR
has (have) produced as
identification and heJshehhey
(please check one)
did take an oath
x did not take an oath.
JESSICA M. HARGRAYE '~~`~~
My Commission Expire>ylptary Public, State of Hew York Notary Public
Monroe un
Commission Expires
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of , 2007,
by Mayor, of City of Delray Beach, a Florida Municipal Corporation,
who
(please check one)
is (are) personally known to me OR
has (have) produced as
identification and he/she/they
(please check one)
did take an oath
~,_ did not take an oath,
My Commission Expires: Notary Public
Page 5 f 7
THIS AdREEMENT, made this ~ day of ~'•.~PJ'' •, 2007, by and betweon 1"United Bank,
and City of Delray Beach, a Florida Municipal Corporation, its successors and assigns ATIMA
(hereinafter referred to as "City) 200 N. W. 1 ~ Avenue, Delray Beach, Florida 33444.
WITNESSETI-I:
WHEREAS, Ocean City Place, LLC, a Florida Limited Liability Ca~mpany (hereinafter
referred to as "Ocean") is the owner of the fee simple title to that c+ortain real property described as
follows:
SEE ATTACI~D F,XEII$IT `B"
WHEREAS,1'` United Bank is the owner and holder of thatcertain mortgage given by Ocean
to 1"United Bank, recorded in Official Record Book 18703, Page 2 of the Public Records of Palm
Beach County, Florida, in the original principal sum of 5-~470~0;'~~~ DO and encumbering the
real property hereinabove described, and
WHEREAS, Ocean has executed or will execute aan Agreement Between Adjoining
Landowners Permitting Encroachment of Chemical Grout Between Two Buildings(htreinafter
referred to as the "Encroachment Agreement"} encumbering the above described real property, and
it will be recorded in the Off ce of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, in Official Record Book ,Page ,and,
WHEREAS, City, as a condition to executing the Encroachment Agree:nen#, has required
the subordination of the mortgage held by 1~ United Bank to the Encroachment Agreement, and
WHEREAS,1"United Bank does consent and agree to subordinate its mortgage heneinabove
described to the Encroachment Agreement.
NOW, THEREFORE, inconsideration of the foregoing and the sum of one Dollar {1.00)
and other good and valuable consideration paid unto 1"United Bank by Ocean, the receipt whereof
isherebyaclrnowledged,l"UnitedB doescovenantandagreewithCitythatthecertainmortgage
from Ocean to 1"United Ban1c, dated~0n a ~t o~~ recorded in Official Record Book 18703,
Page 2, of the Public Records of Palm Beach County, Florida, in the original principal amount of
S $ is and shall be subject and subordinate to the Encroachment Agreement which will
be corded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida
in Official Record Book .Page , in the same manner and to the same extent as if the 1"
United Bank mortgage had bees executed and recorded subsequent to the execution and delivery and
recording of the Encroachment Agreement.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the date above written.
Page of
1~ lJriI1LD BANK
~'"
i~Vice President
fare o' nt was acknowledg before me this ~ day of. 2007,
by J i of 1" United Bank.
{pl check one), who
is (are) personally known to me OR
has (have) produced
(please check one)
did take an oath
~_ did not take an oath
tNM111:'~
pcp~ES:> ~+
~tlllwNaar
as identification and helshehhey
o Pub 'c
{S and S p)
Page ? of
STATE OF
COUNTY OF (~ CIS
LEGAL DESCRIP'1'IOfij
• ~jJ~LIC PARKINIG~FACILI'fY (GARAGE PROPERTY )
Exhibit uA" .
to ADJOINING LANDOWNERS' AGREEMENT
Pa 1 na
All of the plat of WORTHING PLACE BLOCK 69, according to the map or plat thereof as r+ecarded ist
Plat Book 105, page 137, Public Racard& of Palm Bosch County, Florida;
Formtxly described as:
Lots 20, 21 and 22, L3lock 69, Subdivision of Block 69,17alray, Florida according to the arap or plat
thcroof as recorded in Plat Book 2, Page 43, Public Records of Palm Beach County, Florida; and
Paroel Two
A portion of Lot 19 af'tha 5ubidivision of Block 69, Delray Beach, Florida, according ~ the Plat thereof,
as retarded in Plat Back 3, Page 45 of the Public Record.4 of Palm Beach Cow+ty, Florida, being mote
partitulariy described as follows:
Commencing at the Northwest corner of said Lot 19, also being the Southwest amra of Worthing Pleee
dock 69, as retarded in Plat Book ] O5, Page 137; Thence S 89°OG'29" 13 along the North line of said Lot
19, a distance of 2.00 feet to the Point of Beginning; Thence continue S 89°06'29" along said North ling,
a distance of 124 feet to a point of intersection with the West line of the right_of-way for 5.8. i" Avenue
as shown in Official Records Book 18458, pages 604-606 of the Publse Reeortda of Palm Brach County,
Florida, also being a lino 5.00 feat West of and pnrallal with the East line of acid Lot 19; Tharca ,S
00°00'04" W along said parallel line, a distance of 4.33 fat t0 s point of lnttraoetion with a lino 0.33 fast
South of and parallel with the North lino of said Lot 19; Thonce N 89°06'29" W along said psrAtlat line, a
distance of 124.00 Feat to a point of intersection with the Bast line of the right-uf--way fora 16.Q0 foot
wide AIIey as shown in Official Records $ook 18488. pages 604.606 of the Public Roeards of Palm
Haack County, Florida, also being a tins 2.00 feet East of and parallel with the West line of said Lot 19;
Thence N 00°00'00" W along said paraliol line a distance of 4.33 feet tv the point of beginaing.
~_
EiltittEt "B* - Lt¢al ~erlnHgg
3o A~eemen~,Hetwetn Adlolnlne Lindowaers Permittln~
Encroachment of Ghenal Grout Between Twa BulIdines
Lots 23 aad 24, Block 69, Subdivision of Bloelc 69, Delray, Florida, according t0 the map or plat
thcroof as racot~ded in Plat Book 2, Pagt(s) 43, Public Records of Palm Beach County, Florida.
Prepared by and Return to:
Steven D. Rubin, Esq.
980 North Federal Highway, Suite 434
Boca Raton, Florida 33432
AFFIDAVIT OF
OWNERSHIP AND AUTHOIZiTY
BEFORE ME, the undersigned authority personally appeared Mario Daniele, the Managing
Member of Ocean City Place, LLC, a Florida Limitcti Liability Company, who after being first duly
sworn upon oath and personal knowledge says:
1. That I am the Managing Member of Ocean City Place, LLC, and I make all
statements herein based upon my personal knowledge. Ocean City Place, LLC, a Florida Limited
Liability Company is the owner of the following described property which is attached hereW as
Exhibit "A".
2. That as the Managing Member of Ocean City Place, LLC ("Owner', I have the
authority to execute this Affidavit on behalf of the Owner.
3. The only mortgage presently encumbering the property described on Exhibit "A"
is 1" United Bank.
4. That no other person or entity other than Owner must join in or consent to the
Agreement Between Adjoining Landowners, a copy of which is attached henrto as Exhibit "$",
to make it binding and effective on the Owner and its successors and/or assigns, and to establish
it as a covenant which nms with the land described in Exhibit "A".
5. This Affidavit is made to induce the City of pelray Beach, a Florida Municipal
Corporation, to permit Owner to install a fence on the Garage Property.
6. AfTiant further states that he is familiar with the nature of an oath; and with the
penalties as provided by the laws of the State aforesaid for falsely swearing to statements made
in an instrument of this nature. Affiant further certifies that he has read, or has hoard read to him
the full facts of this affidavit, an+d understands its content.
FURTHER AFFIANT SAYETH NAUGHT
Msrio Daniele
Page 1 of 2
~_
JT~ of NEw `/0l2l~
L~AJ N ~ y [9f= ~.{4f~ Rom
The foregoing instrument was sworn to and subscribed before the this Z/ day of
S~ ~'r. 20(}7, by Mario Daniele, who personally appeared before me and
(please check one)
__ZC___ is (are) personally known to me OR
has (have) produced as
ideutifieation and helshefthey
(please check one)
,~_ did take an oath
did not take an oath.
My Commission Expires: Notary Public
JESSICA M. NARGR14YE
Notary Public, State of MewYotk
Monroe oun
Commission Expires
Page 2 of 2
~,
EXHIBIT "A'
TO AFFIDAVIT OF OWNERSHIP ANb AUTHORITY
Lois 23 and 24, Block 69, Subdivision of Hlock 69, nClray, Florida, according to the map or plat
thereof ss racon~ed in alai Hook 2, Pago(s) 43, Pvbiic Reconls of Palm Beach County, Florida.
~.
THIS AGREEMhh;IVT is made on this Z ~ day of ~~FP 1 `'` , 2007, by and betwcen
OCEAN CITY PLACE, LLC hereinafter referred tD as "Ocean City",and the CITY OF DELRAY
BEACH, FLORIDA, a Florida Municipal Corporation hereinafter referred to as "Owner". In
consideration of the covenants and mutual promises contained herein, Ocean City and Owner
agree as follows:
1. The purpose of this Agreement (hereinaftex refemod to alternatively as "Agreement"
or "Contract") is to specify the obligations of Ocean City to guarantee the efficient and
professional installation of a seventy-seven foot (77'} (length) by six feet (6') (height) louvered
fence on top of the cement wall on the upper tcvel of the north side of the parking garage located
on S. E. 1" Avenue, Delray Beach, Florida (hereinafter referred to as the "Garage") which is
owned by the Owner. Ocean City owns the real property immediately to the north of the Garage,
and it has requested Owner's permission to install the fence on the Garage wall, at Ocean City's
sole cost and expense, for the purpose ofpartialiy shielding the view of the Garage from the upper
floors of Ocean City's Condominium known as The Royal Atlaatic.
2. a. Ocean City agrees to retain, at its sole cost and expense, Screen Builders,
Inc., a Florida licensed fence installation contractor, hereinafter refen*od to as "Contractor", to
perform the services and supply the materials and labor, in accordance with the specifications set
forth in the Contractor's proposal dated May 24, 2007, which is incorporated by refenrnced herein
and attached hereto as Exhibit "1". Notwithstandinganything to the contrary contained in Exhibit
"1 ", the Contractor shall also comply with the terms and conditions contained this Agreement.
b. As an i~egral part of Contractor's services, CORE SLAB (NIIANII), INC.,
hereinafter referred to as "Warrantor", shall inspect the Contractor's work at the completion of
installation of the fence to ensure that all of the Warrantor's warranties relating to the Garage that
are in effect as of rho date of this Agreement, remain in full force and effect, and that none of such
warranties are voided or modified as a result of the installation of the fence. If the Contractor's
work causes the Warrantor's warranties to be voided or modified in anyway, the same shall
constitute a material breach of this Agreement.
c. Contractor's warranty of its labor, material and services ("Work") shall inure
tv the benefit of Owner who shall be an express third party beneficiary of the Contractor's
warranty.
d. Ocean City shall bear the risk of loss in the event any Work must be rodone
as a result of inclement weather.
e. All materials shall be new and delivered to the job site by the Contractor.
All Work shall be done in anon-negligent and good and workmanlike manner. The Contractor
Page 1 of 6
shall adhere to the Warrantor's instructions for use of the materials and for all methods of
application, and shall wmply with all applicable governmemal rules, codes and laws.
3. Ocean City hereby unconditionally and irrevocably guarantees to Owner, its
respective successors, and assigns, the timely performance of al l obligations of Contractor under this
Agreement, and the contract between Ocean City and the Contractor. If any of such obligations of
Contractor are not complied with, in any respect whatsoever, and without the necessity of any notice
from Owner to Ocean City, Ocean City agrees w (i) assume all responsibility for the timely
completion of the installation of the fence at Ocean City's own cost and expense, (ii) pay all bills in
connection with the installation of the fence and (iii) indemnify and hold Owner harmless from any
and all Ions, cost, liability ar expense that Owner may suffer by reason of any such non-compliance.
Ocean City's guaranty is an absolute, irrevocable and unconditional guaranty of payment and
performance. Ocean City shall be liable for the payment and performance of the Contractor as a
primary obligor. This guaranty shall be effective as a waiver of, and Ocean City hereby expressly
waives, eay and all rights to which Ocean City may otherwise have been entitled under any
suretyship laws in effect from time to time, including any right or privilege, whether existing under
statute, at law or in equity, to rewire Owner to take prior recourse or proceedings against the
Contractor.
4. GENERAL CONDITIONS AND TERMS
A. The Contractor shall promptly correct aU Work, including services, labor, and
materials, which is defective or which fails to conform to this Agieeement whether observed before
or after wmpletion of the Work and whetbes not fabricated, installed or completed. The Contractor
shall bear all costs of correcting such rejected Work. If the Contractor fails to correct defective
Work or consistently fails to cagy out the Work in accordance with this Agreement, the Owner may
order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been
eliminated. If the Contractor defaults or neglects to carry out the Work in accordance with this
Agreement, the Owner may revoke permission to Ocean City to install the fence and require
Contractor to remove all materials and to restore the Garage to the condition in which it existed
before the Contractor commenced Work.
B. The Contractor shall supervise and direct the Work, using its best skill and attention.
It shall be solely responsible for all means, methods, techniques, sequences and procedures and for
coordinating all portions of the Work under this Agreement.
G. The Contractor shall be responsible to the Owner for the acts and omissions of its
employees, sub-contractors, and their agents end employees, and other persons performing any of
the Work under its contract with the Ocean City.
D. The Contractor shall provide snd pay for all labor, materials, equipment, tools,
construction equipment and machinery, water, heat, utilities, transportation, and other facilities and
services necessary for the proper execution and completion of the Work, whether temporary or
Page 2 of 6
permanent and whether or not incorporated or to be inoorparat~ in the Work.
E. The Contractor shall at all times enforce strict discipline and good order among its
employees and shall not employ on the Work any unfit person ar anyone not skilled in the task
assigned to him.
F. The Contractor shall warrant to the Owner that all materials and equipment furnished
under this Agreement will be new and wilt be of good quality, fret from fault and defects and in
conformance with the Agreement apeci6cations. All Work not conforming to these requirements,
inchiding substitutions not properly approved and authorized, may be considered defective. If
required by the Owner, the Contractor sball furnish satisfactory evidence as to the kind and quality
of materials and equipment.
G. The Contractor shall pay all sates, consumer, use and other similar taxes forthc Work
or portions thereof provided by the contract between the ContracWr and Ocean City.
H. The Contractor shall secure and pay for any governmental pen-aits, foes, licenses, and
inspections accessary for the proper execution and completion of the Work which are customarily
secured after the execution of this Agreement and which are legally required at the time the Work
is performed.
I. The Contractor shall give all notices and comply with all laws, ordinances, rules,
regulations and lawful orders of any public authority bearing on the perfomance of the Work.
1. The Contractor shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by his opeialions. At the completion of the Work it shall remove all its
waste materials and rubbish from and about the premises as well as all his tools, construction
equipment, machinery and surplus materials. Zf the Contrutor fails to cleanup after completion of
the Work, the Owner may do so and the cost thereof shall be charged to Ocean City.
K. To the fullest extent permitted bylaw. and for additional consideration, Ocean City
shall indemnify and hold hariless the Owner and its agents, employees, commissioners, and
representatives fmm and against all claims, damages, losses and expenses, including but not limited
to attorney's fees, arising out of or resulting from the performance of the Work, including damage,
Ioss or injury to person and pmperiy which is caused in whole ar in part by any negligence or
intentional act or omission of the Contractor, any sub-contractor, anyone directly or indirectly
employed or retained by any of them or any one for whose acts any of them may be liable.
L. The Contractor shall be responsible for initiating, maintaining and supervising s11
safety precautions and programs in connection with the Work.
M. Proof of Insurance
Psge 3 of 6
--
(1) Ocean City and the ContracWr shall be required to procure insurance for its
respective employees, vehicles and egtupment with respect to liability and workers' compensation
coverage (as regained by the State of Florida). Commercial general liability insurance must be at
least One Million Dollars (51,000,000.00} per occurrence, combined single limits; auto liability
insurance must be at least Five Hundred Thousand Dollars (SS00,000.00) per occurrence, combined
single limits. Ocean City and Contractor shall provide property damage insurance up to the
replacement cost of materials and name the Owner as loss payee as their interests may appear.
Ocean City and Contractor shall fitnsish Certificates of Insurance for all required insurances that
must be current and correct, and delivered to the Owner before any services arc performed. Owner
shall be named as an additional insured.
N. Contractor may not assign or subcontract any duties or obligations under this
Agreement without the prior written consent of the Owner.
O. The Owner shall have the option to revoke permission of Ocean City to install the
fence on the occurrence of sny of the following events:
(1) Material breach of Contractos+'s or Owner's duties and obligations under
this Agreement.
P. Any notices to be given under this Agc+eemeut by either party to the other maybe
effected either by personal delivery in writing or by registered or certified mail, with postage
prepaid and return receipt requested. Mailed notices shall be addressed to the parties at the
addresses listed below. However, each party may change the address far receipt of notice by
giving written notice in accordance with this paragraph. Notices delivered personalty will be
deemed communicated at the time of deliver. Mailed notices will be deemed communicated when
mailed.
Owner at: Office of City Attonucy
Susan A. Ruby, Esq.
200 N. W. 1# Avenue
Dehay Beach, Florida 333444
Ocean City at: do Mario Daniele
Ocean City Place, LLC
2740 Monroe Avenue
Rochester, New York 14618
Contractor at: Screen Builders, Inc.
8451 McAllister Way
West Palm Beach, Florida 33411-3715
Page 4 of b
-___
Q. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.
R This Agreement supersedes aay and a!1 agreements, both oral and written between
the parties concerning the installation of the fence in the Garage. Each party acknowledges that
no representations, inducements, promises or agreements, written or oral, have been made by
either party, or by anyone acting on behalf of either party, that are not embodied in this
Agreement. Any modification of this Agreement will be effective only if it is in a writing signed
by the party to be charged.
S. if any provision in this Agr~cement is held by a court of competent jurisdiction tin be
invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force
without being impaired or invalidated in any way.
T. Contractor shall be independent contractor and shall be nsponsibfe for reporting and
paying all Federal, State and local taxes.
U. This Contract shall be binding upon the parties and their respecKive successors.
V. The Effective Date of this Agreement is the date the last one ofthe parties signs this
Agreement.
W. This Agroement or evidence of it shall not be recorded.
X. After installation of the fence has been completed, Owner shall have no obligation
to maintain, repair, or replace the fence or any of its components. After installation of the fence
has been completed, Ocean City ahal! have reasonable access to the Garage, upon reasonable
advance notice to Owner, to maintain, repair or replace the fence when maintenance, repair or
replacement is necessary, subjxt to the prior written approval of Owner upon terms reasonably
satisfactory to it, which such teams at minimum shall include indemnif cation, adogeiato insurance,
preservation aadcompliancewith Warrantor's waeranty and use ofa properly licensed and insured
contractor. In the event the fence is not maintained in good repair and condition, Owner shall have
the right to maintain and repair it and to thereafter charge Ocean City, its successors or assigns,
for the cost of such maintenance . lir the event the costs of such maintenance and repairs are not
reimbursed to Owner within fifteen (15) days after written demand therefor, Owner may remove
the fence and dispose of it at Ocean City's expense. Thereafter, Ocean City shall not have
permission to reinstall the fence.
Y. This Agreement may not be assigned by Ocean City, except to the Royal Atlantic
Condominium Association, Inc.
Z. OWNER AND OCEAN CITY HEREBY KNOWINGLY, VOLUNTARILY, AND
Page 5 of 6
~-
IIVTENTIONALLY WAIVE THE RIQHT ANY MAY HAVE TO A TRIAL BY JURY IN
RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR 1N
CONNECTION WITH THIS GUARANTY, AND ANY AGREEII~NT EXECUTED IN
CONJUNCTION HEREWITH OR THEREWITH, OR ANY COURSE OF CONDUCT, COURSE
OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY
PARTY.
ZZ. In the event that tl~ terms of this Agreement are breached by Owner or Ocean City,
the parties agree that a party violating the terms of this Agreement shall not be in breach until the
non-violating party has given notice of the violation and such violation has not been cured within
thirty {3 Q) days after the non-violating party sends notice of the breach.
CITY OF DELRAY BEACH, a Florida
municipal corporation, Owner
BY: (SEAL)
Rita Ellis, Mayor
Date:
OCEAN CITY PLACE, L a Florida
Limited Liability Compare
BY: (SEAL)
Mario Daniele, er
Date: 2 % ~.t~~P~'' •% 7
-T
Page 6 of 6
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:CITY MANAGER
DATE: OCTOBER 5, 2007 f
SUBJECT: AGENDA ITEM #S Pa ~ - WORKSHOP MEETING OF OCTOBER 9.2007
CONTRACT AWARD/ALL-RITE PAVING CONTRACTORS. INC.
The City Manager's Office has not yet been able to clarify what was included in Addendum No. 1
to the bids for construction of the west parking lot at the Delray Beach Swim and Tennis Center
Project, therefore staff requests that this item be POSTPONED to the October 16, 2007 Regular
Commission Meeting.
There is no agenda backup for this item.
S:~City Clerk~AGENDA COVER MEMOS~City Manager Memos~City Manager Contract Award.AllRite Paving Contractors, Inc.10.09.07.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: Tim Simmons, Acting Director of Parks and Recreati
THROUGH: David Harden, City Manager
DATE: October 2, 2007
SUBJECT: AGENDA ITEM # -WORKSHOP MEETING OF OCTOBER 9, 2007.
PRESENTATION BY SOUND INVESTMENTS BY J.W., INC. d/b/a/ PRO
DVD MAKERS FOR ON-LINE BANNER ADVERTISING DURING
VIRTUAL TOURS OF THE CITY'S PARKS.
ITEM BEFORE COMMISSION
The item before the City Commission is a presentation by James Arena, President of Sound
Investments by J.W., Inc., to change the present agreement dated December 7, 2006 to allow for on-
line banner advertising during virtual tours of the City's parks.
BACKGROUND
The City of Delray Beach entered into an agreement with Sound Investments by J.W., Inc. on July
27, 2006 to implement a virtual tour of the City's parks online. Services to be performed included
virtual tours of all facilities listed, DVD package, information buttons, linkage to City's website, (5)
on-line banner ads for the City's use while the contractor would utilize the remainder, etc.
On December 18, 2006 this agreement was modified and approved by City Commissioners to allow
a $24,000 payment each year for a period of four (4) years from August 1, 2006 until July 31, 2010
for maintenance of the virtual tour. This addendum to the agreement was due to the termination of
the on-line banner advertising agreements.
Parks and Recreation requested $24,000 in the budget FY 07/08 but due to the budget restrictions
this amount was not approved. In reference to the agreement #5 Termination: Either party may
terminate the agreement upon thirty days written notice to the other for any reason or no reason.
At this time, James Arena would like to present to the City Commissioners a proposal to reenter
into the original contract (annual renewal cost of $2,000) allowing for his company to do on-line
banner advertising in the virtual tour. This will save the City $22,000 with the potential for the City
to generate revenue from Banner Advertising, Virtual Visitors Guide and all renewals.
RECOMMENDATION
Parks and Recreation Department recommends that the City Commission review the presentation
and consider whether to submit the proposal to the regular agenda for approval.
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Date: September 28, 2007
•'~r,
Request to be placed on:
Consent Agenda
When: _October 9, 2007
AGENDA REQUEST
AGENDA ITEM NUMBER:
Regular Agenda _X_ Workshop Agenda
Description of agenda item (who, what, where, how much):
V' J •
Special Agenda
Presentation by James Arena, President of Sound Investments, who presently has an
agreement with the City of Delray Beach to provide a virtual tour of the City's parks on-line
and on DVD. James Arena would like to change the present agreement dated December 7,
2006 to allow for on-line banner advertising during virtual tours of the City's parks. He will
show the City how to continue the virtual tours with no cost to the City except for the
renewal cost of $2,000.00 annually.
Department - '
Signature:
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:
City Manager Review:
Approved for Agenda. es / No Initials:
Hold Until:
Agenda Coordinator Review:
(if applicable)
Received:
Memo
To: City Commission
From: City Manager ~~
CC:
Date: October 4, 2007
Re: Creative City Collaborative
In addition to the attached information, the Commission has previously been given a copy of
the Cultural Plan prepared by Coletta and Company. I have attached a copy of two pages
from this plan where the first year additional cost to the City was given as approximately
$20,000.
One of my concerns about the CCC from the outset has been that it would substantially
increase costs to the City. The $20,000 cost would be minimal, and if it resulted in significant
additional dollars for cultural activities in the City, then it would be a good investment. But
when Coletta and Company presented their budget for the CCC, as shown in the backup to
the attached memo from Mr. Barcinski, they recommended an organizational budget of
$315,650!
I think many of the recommendations in the Cultural Plan can be addressed (and some have
been already) without the CCC. I would only continue City participation in the CCC if the
Commission is convinced that the CCC will add value by attracting increased funding for the
arts and cultural organizations in Delray Beach.
WS. 2
~letta & Company
February2006
cost ofa new city position that is needed if the CCC's special
events coordinator did not absorb these duties, newfunding
by Delray Beach forthe CCC is approximately $20,000.
3) $1 a month for culture
The City of Delray Beach should create a program to allow
the city's 22,000 utility customers to contribute $1 a month to
local cultural development. This is maximum funding of
$264,000 a year, and assuming a participation rate of 20
percent, it creates $52,800 in newfunding.
4) Public:art prpgram
Delray Beach's new publican ordinancesets aside one and a
half percent of the cost of city capital projects, excluding
some related to utilities and optional for projects lessthan
$200,000,to fund public art.With this newfunding,special
attention should be given to public art that has greater
impactand more presence. Previous public artprojects
tended to be too modest and low impact, and as a result, they
lacked the impact needed to position Delray Beach as a
culturally active,attractive and ambitious city. Ratherthan
treating public art as an ornament, the new program must
make a strong statement in a visible, compelling way.
For example, when Loveland, Colorado, became the first city
in its state to adopt an Arvin Public Places ordinance, it made
its impact by setting an emphasis on bronze sculptures. The
sculptures have come to symbolize the city's bold self-image
and its proud self-confidence. Theyare significant,they are
prominent and they are dominant. The emphasis on
sculpture gave birth to an annual Sculpture in the Park-
- Competition that attracts sculptorsfrom across the U.S. and
to creation ofa Sculpture Garden where many ofthe city's
sculptures are spotlighted. Loveland also purchasestwo-
dimensional,high-qualityartforits publicbuildings.Today,
the city's art collection is valued at more than $5 million with
more than 80 percent donated by organizations or
.individuals.
In this same way,the public art program in Delray Beach
should develop a strong vision of what it wants to achieve,
what statement it wants to make about the city and then hire
the professional help to get it done. The work of the public
art program should be closely coordinated with the CCC to
~.
Coletta & Company
February2006
.the impact and positive resultr it outlined when seeking
support. Cityofficials are busy each dayconducting thevital,
fundamental work of government, and the special eventr
coordinator elevates the level of attention given to these key
decisions which reflect directly on Delray Beach's reputation
as a village by the sea and city government's investments in
this brand.
Public Funding and Support
1) Grant funding process
The present process by City of Delray Beach to fund cultural
organizations produces distrust by some groups because of
aperceivedlackoftransparency. Now, cityadministrators
receive grant requests, evaluate organizations internallyand
submittheir recommendations to the City Commission for
final approval. Cultural organizations almost unanimously
complain about the process, which seems cloaked in mystery
to them, especially as to who makes the recommendations
and what criteria are used.
To bring transparencytofunding decisions,The DelrayBeach
Creative City Collaborative should be charged with the
responsibility forscreeningvequests and recommending
funding levels. There is now a level of duplication and
confusion with both city government and a city agency,the
CRA,.receiving and granting funding requests from cultural
organizations. All cultural funding requests for city and CRA
funding would be submitted to the CCC for review and
recommendations would be forwarded to the city manager
for his consideration and presentation to the City
Commission for final approval.
2) Start-up funding for the CCC
As mentioned previously, the public sectorfunds half of the
$150,000 annual budget ofthe CCC. This requires,a slight
increase in city funding for culture, but the special events
coordinator is needed to help city officials in the
coordination and evaluation of festivals and special events.
Now,these functions are performed by city leaders,and there
is an existing need forstaff support. Ratherthan create a
new city position,we recommend that Delray Beach's
funding covers the cost of the special events coordinator's
position as part of its investment in the CCC. Subtracting the
Creative City Collaborative
Purpose: -
The Creative City Collaborative (CCC) is the public/private umbrella
organization for culture and the arts in Delray Beach, and in this role, its
responsibility is to build the infrastructure, to coordinate public funding and
support cultural growth to strengthen the city's distinctiveness as a
competitive advantage in the new economy.
The Delray Beach Cultural Plan is the organizational framework for the CCC,
which is responsible for the implementation of its recommendations. The
vision of the CCC is to target culture as a competitive advantage by increasing
available funding for arts and culture, providing recommendations for public
funding, screening in conjunction with City of Delray in-kind requests for public
services, and championing innovative programs.
Its philosophy will be centered on its role as a vehicle for creating a consensus
about a shared future for Delray Beach's cultural future.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: Qyn'~'IZUBERT A. BARCINSKI, ASSISTANT CITY MANAGER
THROUGH: DAVID T. HARDEN CITY MANAGER
DATE: OCTOBER 3, 2007
SUBJECT: AGENDA ITEM # Y Y ~ • ~ -CITY COMMISSION WORKSHOP OF
OCTOBER 9, 2007 -CREATIVE CITY COLLABORATIVE
ITEM BEFORE COMMISSION
Staff is seeking direction and input from Commission on the future of the Creative City
Collaborative (CCC).
BACKGROUND
Historical Summary of Actions to Date
May 2005 Hired Coletta and Company to prepare a cultural plan
February 2006 Plan completed and approved by Commission
June 2006 Hired consultant to assist in development of CCC
September 2006 Commission approves budget with funding for CCC staffing for
FY06-07
November 2006 Consultant recommendations completed and provided By-Laws,
Articles of Incorporation, job descriptions, event application, action
plan and budget
November 2006 Commission decides to set up the CCC as an independent non profit
organization
December 2006 Commission agrees to set up an Organizational/Incorporation
Committee and agreed to Committee make up
March 2007 City Commission appoints members to the CCC
OrganizationallIncorporation Committee
April 18t1i, 25~', CCC meets to review recommendations prepared by Coletta and
May 24'I', June 20`", Company concerning By-Laws, Articles of Incorporation, tasks and
and July 19, 2007 duties, Event Policies and Procedures and Event Application
July 19, 2007 CCC approves final draft of By-Laws and Articles of Incorporation
and provides staff and Commission recommendations on Special
Event Permit and Special Event Policies and Procedures
Other Back rg ound
The purpose of the CCC as defined by Coletta and Company is attached as well as the
organizational budget that was proposed for FY06-07.
As presented in the Cultural Plan, the consultant recommended that the Creative City Collaborative
be established as a non profit entity to become apublic/private partnership directing the City's
U:lwwdatalP.gendalAgenda Item for Workshop Creative City Collaborative.doc
cultural vision and evaluating and making funding recommendations. The recommendation also
included a staffing recommendation. As outlined in the Cultural Plan tasks for the CCC included:
• Assist in finding private and other institutional funding support for cultural organizations
above and beyond City funding.
• To serve as the conduit for review and in making recommendations to the City Commission
on annual budget requests from Cultural organizations and groups.
• Establish criteria and process for review of budget/funding requests, said criteria to provide
transparency to the process to be objective and hold organizations accountable.
• Assist in implementation of the other recommendations contained in the Cultural Plan.
• Review and provide recommendations for cultural events and festivals.
• Support cultural organizations including events with marketing assistance, capacity building
assistance and assist in event development so that these events are successful.
Based on the above tasks, Coletta and Company felt that staffing of two (2) positions would be
needed to support the organization.
The existing CCC Organizational/Incorporation Committee was established by Commission to
serve on a temporary basis to review and make recommendations on the consultants proposed By-
Laws, Articles of Incorporation, staffing, funding criteria, process and guidelines and other tasks.
The intent was then to reconstitute this committee to begin implementation of the final
recommendations. The current committee is formed of members representing our cultural festivals
and facilities, who would, if left on the committee, could have conflicts concerning funding
recommendations.
At their meeting held on July 19, 2007 the Creative City Collaborative Organizational Committee
approved By-Laws and Articles of Incorporation and requested our attorney to file these with the
state. They also approved recommendations concerning event policies and procedures as well as
the event permit application.
Although knowing they were not likely to receive funding for staff in the upcoming budget, the
committee did feel that they should continue with their work with or without funding. At the next
meeting they are to finalize tasks and duties as contained within the cultural plan and to start
developing criteria, process and application forms for funding requests.
Also discussed was the possibility of getting the DDA and CRA to give the CCC funding they
allocate for special event grants with funding decisions to be made by the CCC based on criteria
developed. The CRA and DDA would have to agree to do this. The CRA and DDA have been
discussing turning these funds over to the DMC to administer but have not made a final decision on
this matter.
Mrs. Bourque also volunteered to contact the Palm Beach County Cultural Council and other
organizations to get copies of their grant process, criteria and applications for funding requests.
RECOMMENDATION
Staff does not have a specific recommendation and is seeking direction as follows:
• Does Commission want the CCC to move forward as a non profit group and have our
attorney file the incorporation papers with the state?
• If not, does the Commission want the CCC to continue as an advisory board?
• Does Commission want to continue providing in house staff support to the CCC?
• What tasks as outlined, does the Commission want the CCC to continue working on?
U:lwwdata~Agenda~Agenda Item for Workshop Creative City Collaborative.doc
~I~~Og~NDU~
TO: David T. Harden, City Manager
FROM: Robert A. Barcinski, Assistant City Manager
DATE: September 8, 2006
~~,~. a~
w~
SUBJECT: AGENDA ITEM# W S•~CITY COMMISSION WORKSHOP SEPTEMBER 12, 2006
PROPOSED BUDGET CREATIVE CITY COLLABORATIVE FY 06-07
ACTION
City Commission is requested to review and provide staff direction on the proposed budget received from Coletta and
Company for implementation of the Creative City Collaborative as well as additional consulting services for
development of the grants program, fundraising campaign marketing and strategic planning and development of plans
for the Arts Cabana and Delray Beach Narrative Project.
BACKGROUND
Attached is a proposed 'budget for FY 06-07 received from Coletta and Company for the implementation phase of the
Creative City Collaborative as well as additional contracting and consulting services.
The proposed budget presumes a full year staffing as well as additional contract and consulting services that were not
included in the original contract. I have attached a copy of the original contract dated June 2, 2006 as well as the
original proposal for services received in April. The original proposal included proposal and costs for the Dekay Beach
Arts Cabana and the Dekay Beach Narration Project as well as the collaborative.
As you may recall, the Cultural Plan envisioned 50% funding from the private sector to help support the operating costs
for the collaborative. The consultant feels that it would take some time to build fundraising capacity from the private
sector and suggests that the most expeditious way to get the program up and running would be for the City to fund the
first year's costs. I feel that it is unrealistic to assume a full year's funding for operating costs. I think it will take time
after we receive the consultant's final report to pass the resolution establishing the committee, setting forth their
responsibilities and roles, selecting the committee, approving by-laws and hiring staff. I think nine (9) months is a more
realistic estimate to use for operating- costs. Based on nine (9) months, estimated operating costs including capital
expenses would be $146,990.
The proposed budget amount for contracting and consulting services is $125,000. As of this writing, I have not been
able to obtain a detailed breakdown for this budget item. Per the original contract proposal received in April, the cost
for the Cabana workplan was $18,500 and the Narration project was $16,500 for a total of $35,000. This amount is
included in the current proposed Commission budget of $153,000 for other contractual services. A total of $80,000 of
this budget has been set aside for consulting services with Coletta and Company and the Aleksander Group. The only
other tasks to be performed which are listed at the bottom of the budget attachment that are not included in the current
contract are the development of the marketing and communications tasks and possibly further development of the
grants program for the collaborative. Based on the above, I would suggest considering an additional amount of $40,000
for consulting services.
RECOMMENDATION
Staff recommends consideration of an additional budget amount for FY 06-07 for the implementation of the Creative
City Collaborative in the amount of no more than $190,000.
Bazcinski Memo Creative City Collaborative Budget 091206.doc
e
Delray Beach
Creative City Collaborative
Organizational Budget
.,
~,..- ,.
Salarie
s $120,000
_ __________ __ _ ___
_
Travel -Local _ _ _~
-~ ~--- _
$2,000 ~ ~ ~~
~
Travel -Conferences and meetings _
_ ~~ $2,500
~
~
Publications and dues
Rent ~._._~---v~._ -
Marketing and communications $1,500
~ $18,000 ' ---
$5,000
~Website development and hosting $16,500
Office supplies _ _ $1,750 _
Postage _ $1,250 __ ~
-
Meeting costs - $1,250
~
'Professional fees: accounting and legal $2,500
~
Telecommunications $2,400
Contract-and consulting $125,000
y. , ... , ~ , $299,650 E
-~ -~.~~.. .~__.__-__~_._._..,__- i
.~ ~
.. -
(Furniture j e
.-__.._..~._.._..^._....v.„~
$6,000
iTechnology -telephones and computers ~ $10,000
. ~ - $16,000 !
- : ~ i _
~~ $315,650 ~ -~.~!
Staft:tng Assumptions: Fulltime F~cecutive Director and Program Officer and Parttime Administrative
Contracting and consulting: grants program development; fundraising campaign; marketing,
communications and positioning; strategic planning, and development of plans of action for
specific projects such as Arts Cabana and Delray Beach Narrative.
ARTICLES OF INCORPORATION
OF
CREATIVE CITY COLLABORATIVE OF DELRAY BEACH, INC.
(A Corporation Not For Profit)
We, the undersigned, do hereby associate ourselves together for the purpose of forming
a corporation not for profit pursuant to and under the provisions of Chapter 617, Florida
Statutes.
ARTICLE I. NAME
The name of this Corporation is CREATIVE CITY COLLABORATIVE OF DELRAY
BEACH, INC., and its principal administrative location shall be at 100 N.W. 1st Avenue,
Delray Beach, Palm Beach County, Florida 33444.
ARTICLE II. PURPOSE AND POWERS
Section 2.1 Purpose. The purposes for which the Corporation is formed are exclusively
charitable and to build the cultural infrastructure that celebrates the City of Delray Beach ("City")
as a creative, authentic, and intimate City; to increase and coordinate public and or private funding
and support fox cultural growth; to strengthen the City's distinctive national brand; and create a
learning community through the implementation of the Creative City Collaborative plan adopted by
the City Commission of Delray Beach. The purposes for which the Corporation is organized is to
serve the public benefit of the City by raising and allocating funds fox a vibrant cultural community,
by overseeing projects and programs to achieve its mission, and by championing a unified vision fox
a creative, authentic and intimate brand.
Not withstanding any other provisions of these articles, the Corporation is organized
exclusively for one or more of the purposes as specified in §501(c)(3) of the Internal Revenue
Code of 1954, and shall not carry on any activities not permitted to be carried on by a corporation
exempt from Federal income tax under IRC §501(c)(3) or corresponding provisions of any
subsequent Federal tax laws. No part of the net earnings of the Corporation shall inure to the
benefit of any member, trustee, officer of the corporation, or any private individual (except that
reasonable compensation may be paid for services rendered to or for the corporation),
and no member, trustee, officer of the corporation or any private individual shall be entitled to
share in the distribution of any of the corporation assets on dissolution of the corporation.
No substantial part of the activities of the Corporation shall be carrying on propaganda, or
otherwise attempting to influence legislation or participating in, or intervening in (including the
publication or distribution of statements) any political campaign on behalf of any candidates for
public office.
In the event of dissolution, all the remaining assets and property of the Corporation shall,
after necessary expenses thereof, be distributed to another organization exempt under IRC
§501(c)(3) or corresponding provisions of any subsequent Federal tax laws, or to the Federal
government, or state or local government for a public purpose.
Section 2.2 Powers. In furtherance, but not in limitation, of the foregoing charitable
purposes, the Corporation shall have the following powers:
a. To raise or solicit funds for the furtherance of its charitable purposes;
b. To do such things as are incidental to the foregoing purposes and powers.
c. The Corporation shall have all of the powers of anot-for-profit corporation under
Chapter 617 and 607 of the Florida Statutes, as amended from time to time.
ARTICLE III. MEMBERSHIP
The Membership of the Corporation with full voting rights, in accordance with the
Bylaws, shall be as follows.
a. The initial members, who shall have full voting rights at the First Annual Meeting,
shall be those persons who have attended at least one meeting as determined by the initial members
from the minutes of such meetings.
b. No payment shall be made to its members or officers for serving in such
positions.
c. The Corporation is non-sectarian and nonpartisan.
ARTICLE IV. TERM OF EXISTENCE
This corporation shall have perpetual existence, unless dissolved according to law;
provided, however, that upon such dissolution of this corporation, the assets of this corporation
shall be distributed as hereinafter provided.
ARTICLE V. REGISTERED OFFICE AND AGENT
The street address of the initial registered office of this Corporation is 100 N.W. First
Avenue, Delray Beach, Florida 33444, and the name of the initial registered agent of this
corporation is ROBERT A. BARCINSKI.
ARTICLE VI. SUBSCRIBER
The name and address of the subscriber to these Articles of Incorporation is:
NAME
R. Brian Shutt
ARTICLE VII. MEMBERS
ADDRESS
200 NW lst Avenue Delray Beach, Florida
33444
The powers of this corporation shall be exercised, its property controlled, and its affairs
conducted by the members. The number of members of the corporation shall be not less than
eleven or more than fifteen persons; provided, however, that number may be changed by a bylaw
duly adopted pursuant to the bylaws of this corporation. The names and addresses of the persons
who are to serve as the initial members until the first election or appointment under these
Articles of Incorporation are:
1. Jay Alperin
2100 Lake Ida Road, Suite 2A
Delray Beach, FL 33445
2. Frances Bourque
4780 S. Lake Drive
Boynton Beach, FL 33436
3. Vera Farrington
170 SW Sth Avenue
Delray Beach, FL 33444
4. John Harris, Jr.
770 E. Atlantic Avenue
Delray Beach, FL 33483
5. Alberta McCarthy
85 SW St" Avenue
Delray Beach, FL 33444
6. Rich McGloin
2275 N. Swinton Avenue
Delray Beach, FL 33444
7. Jeff Perlman
971 Delray Lakes Drive
Delray Beach, FL 33444
8. Jamie Ramirez
1107 S W 9t" Avenue
Delray Beach, FL 33444
9. Heidi Sargeant
1227 South Ways
Delray Beach, FL 33483
10. Nancy Stewart
223 NE 1St Avenue
Delray Beach, FL 33444
ARTICLE VIII. BYLAWS
Subject to the limitations contained in the bylaws and any limitations set forth in the
Florida Not-For-Profit Corporation Act described above, concerning corporate action that must
be authorized or approved by the members of the corporation, the bylaws of this corporation may
be made, altered, rescinded, added to, or new bylaws may be adopted, by following the
procedure set forth in the bylaws.
ARTICLE IX. AMENDMENTS
Amendments to these articles of incorporation may be adopted by a vote of at least two-
thirds of the entire membership of the corporation.
ARTICLE X. DISTRIBUTION UPON DISSOLUTION
If the Corporation is dissolved, any residual assets of this Corporation will be distributed
for one or more exempt purpose or purposes specified in Section 541(c)(3) of the Code or
corresponding sections of any future Internal Revenue Law of the United States, or the
Authority, or to the Federal, or the Florida State, or local government for exclusively public
purposes.
ARTICLE XI. INDEMNIFICATION
Every member and officer of the Corporation shall be indemnified by this Corporation to
the full extent permitted by law against all expenses and liabilities, including attorney's fees in
trial and appellate proceedings or any settlement thereof, reasonably incurred by or
imposed upon him in connection with any proceeding to which he/she may be a party,
or in which he/she may become involved, by reason of his/her being or having been a
member or officer of this Corporation, whether or not he/she is a member or officer at the
time such expenses are incurred, unless the liability of the member or officer in question is
adjudged by decision of a court of competent jurisdiction to result from the gross negligence
or willful misconduct of such member or officer in the performance of his/her duties; provided,
however, that in the event of a settlement, the indemnification herein shall apply only when a
majority of a quorum of the members approves such settlement and reimbursement as being in
the best interest of this Corporation, The foregoing right of indemnification shall be in addition
to and shall not be exclusive of all other rights to which said member or .officer may be
entitled.
IN WITNESS WHEREOF, I, the undersigned subscribing incorporator, has hereunto
set my hand and seal, this _day of , 2007, for the purpose of forming
this corporation not for profit under the laws of the State of Florida.
R. Brian Shutt
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me, a Notary Public authorized to take acknowledgments in the State and County
set forth above, personally appeared R. Brian Shutt, known to me and known to be the person
who executed the foregoing Articles of incorporation, and that he executed those Articles of
Incorporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in
the State and county aforesaid, this _of , 2007.
Notary Public
State of Florida
My Commission Expires:
(seal)
BY-LAWS OF THE
CREATIVE CITY COLLABORATIVE
OF DELRAY BEACH, INC.
ARTICLE I
NAME, OFFICES AND PURPOSE
Section 1. Name. The name of the organization is Creative City Collaborative of
Delray Beach, Inc. hereinafter referred to as "Corporation".
Section 2. Place. The principal offices shall be located at 100 N.W. 1St Avenue,
Delray Beach, FL 33444 in Palm Beach County.
Section 3. Purpose. The purpose of the nonprofit Corporation is to build the
cultural infrastructure that celebrates the City of Delray Beach ("City") as a creative, authentic;
and intimate City; to increase and coordinate public funding and support for cultural growth; to
strengthen the City's distinctive national brand; and create a learning community through the
implementation of the Creative City plan adopted by the City Commission of Delray Beach.
ARTICLE li
MEMBERSHIP
Section 1. Classes of Membership. The Corporation shall have one class of members,
and no more than one membership may be held by any one person. The rights and privileges of
all members shall be equal. Each member shall be entitled to one vote.
Section 2. 4ualifications. Any individual that agrees to be bound by the articles of
incorporation of this Corporation, by these bylaws, and by any rules, regulations or policies
adopted by the members, is eligible for membership in this Corporation.
Section 3. Admission to Membership. The members shall prescribe the form and
manner in which application may be made for membership.
Section 4. Property Rights. No member shall have any right, title, or interest in any
of the property or assets, including any earnings or investment income of this Corporation, nor
shall any of the Corporation's property or assets be distributed to any member on its dissolution
or winding up.
Section 5. Liabilityof Members. No member of this Corporation shall be personally
liable for any of its debts, liabilities, or obligations, nor shall any member be subject to any
assessment.
Section 6. Transfer, Termination, and Reinstatement Membership in this
Corporation is nontransferable. Membership shall terminate on the resignation or death of a
member, or on a member's failure to abide by these bylaws. A member whose membership has
been terminated may apply for reinstatement in the same manner as application is made for
initial membership.
ARTICLE III
MEETINGS
Section 1. Place of Meetings. Regular meetings of the membership shall be held in
Delray Beach and special meetings maybe held either within or outside the State of Florida.
Section 2. Notice of Meetings. Written notice of every membership meeting shall be
given to all members and shall include an agenda for the meeting. Notice shall be mailed or
emailed at least seven days prior to a meeting.
Section 3. Annual Meetings. Subsequent to the first annual meeting, the annual
meeting of the membership, shall include, but not be limited to, reports to the members, the
election of officers, and the transaction of other business, shall be held in the first quarter of each
year. The location and specific time of the annual meeting shall be determined by a majority of a
quorum of the members. Notice of the annual meeting shall include a list of those persons
nominated for the offices as provided in these bylaws.
Section 4. Regular Meetings. Regular meetings may be scheduled by the members at
such times and places as they shall establish at the annual meeting.
Section 5. Special Meetings. Special meetings may be called by the President or by a
written petition, addressed to the President of the Corporation, signed by at least three members.
At a special meeting, only those matters stated on the agenda, as included in the notice of the
meeting, may be acted upon by the membership.
Section 6. Open meetings. All meetings shall be open to any person.
Section 7. Minutes. Minutes of all membership meetings shall be recorded by the
Secretary of the Corporation or by another person designated by the membership. Minutes for
every meeting shall be approved by the members at the next membership meeting.
Section 8. uorum. A quorum shall consist of a majority of the total membership, as
determined by the Secretary of the Corporation.
Section 9. Decision-Making. A decision shall be made by an affirmative vote of a
majority of the members present and voting, a quorum being assembled, except as otherwise
provided in these bylaws. Before a vote is held on any motion, the exact language of the motion
shall be recorded by the Secretary, or his/her designee, and all members present shall have a
reasonable opportunity to express their opinions on the proposition.
ARTICLE IV
2
MEMBERS
Section 1. Community Interest and Fiduciary Responsibility. The members shall
consist of individuals reflecting the community interest of Delray Beach. Each member shall serve
in a fiduciary capacity and shall refrain from exercising any power in such manner as to disqualify
the Corporation from its tax exempt status.
Section 2. Appointment of Members. The number of members shall be no less than
eleven (11) and no more than fifteen (15) members, and at least one member will be appointed
by the City of Delray Beach. Members shall be elected at the annual meeting of the membership
with the exception of the City of Delray Beach representative.
Section 3. Term of Office. Members' terms shall be staggered, with one-third (1/3)
of members elected each year. Each member's term shall be three years or until a successor is
duly appointed. No member shall serve more than six (6) consecutive years and any member
having served the maximum number of consecutive years as a member may not be elected again
as a member for a minimum of two (2) years, however, if a member serves a partial term, the
partial term shall not count toward the 6 year maximum term limits. In order to stagger terms,
the initial membership will be appointed with one-third of its members' term set at one (1) year,
one-third at two (2) years, and one-third, or the remaining number left, at three (3) years, and
subsequent terms of three years. These provisions do not apply to the representative named by
the City of Delray Beach.
Section 4. Terms of First Elected Members. After the election of members at the
first annual meeting, each member shall be assigned, by mutual agreement or by lot, to a one-
year, two-year or three-year term.
Section 5. Vacancies and New Positions. Any vacancies in .membership may be
filled by majority vote of all members, regardless of the number of members voting.
Nominations shall be solicited from existing members and distributed in advance of the meeting.
Each member elected to fill a vacancy shall serve for the unexpired portion of the term of his/her
predecessor.
Section 6. Resi nag tion. Any member may resign at any time by giving written notice
to the President. Unless otherwise specified, such resignation shall be effective upon the receipt
of notice by the President. A member shall be considered to have given notice of resignation and
his or her position shall be declared vacant by the membership if he or she fails to attend three
consecutive regular meetings of the membership with the exception of emergency meetings,
unless good cause for absence and continuing interest in participation in the Corporation are
recognized by the membership. When a member has failed to attend three consecutive meetings,
the President shall notify him or her in writing that, at the next regular membership meeting, his
or her position will be declared vacant unless the membership determines that there has been
good cause for the member's absences and that the member continues to be interested in
participating in the membership. The notification by the President shall be mailed no later than
seven days prior to the membership meeting at which the position may be declared vacant. At
3
this meeting, the member in question shall be given the opportunity to show good cause for
absence from meetings and continuing interest in participating in the membership. The
resignation of a member who has missed three consecutive meetings shall not become effective
until the membership has declared the position vacant as provided herein.
Section 7. Removal of Members. A member of the Corporation may be removed for
good cause by the members of the Corporation when such member is judged to have acted in a
manner seriously detrimental to the Corporation. Such removal may occur upon an affirmative
vote for removal of three fourths of the entire membership. In this instance a written proxy
setting forth the members vote may be submitted from those members unable to appear at the
meeting.
Section 8. Compensation. No member of the corporation shall receive compensation
from the corporation.
Section 9. Duties of the Members. The members shall carry out the purposes of the
Corporation, implement the decisions of the membership, and be responsible for the general
management of the affairs of the Corporation in accordance with these bylaws. Specifically, the
members shall:
a. Approve a written annual report to the membership, and make this report available to all
members. This report shall include a summary of the Corporation's activities during the
previous year and the Corporation's most recent financial reports.
b. Adopt an annual operating budget prior to the beginning of each fiscal year, and approve
any expenditure not included in the budget.
c. Select all officers of the Corporation.
d. Supervise the activities of all officers, agents, and committees of the Corporation in the
performance of their assigned duties.
e. Adopt and implement personnel policies providing for the hiring, supervision, and
evaluation of employees prior to hiring such employees.
ARTICLE V
OFFICERS
Section 1. Desi agn tion. The officers of the Corporation shall be: President, Vice
President, Secretary, and Treasurer.
Section 2. Election. The officers of the Corporation shall be elected by a majority
vote of the entire membership, from among themselves, at the annual meeting of the members.
Any vacancies occurring in any of these offices shall be filled by the membership for the
unexpired term.
4
Section 3. Tenure. The officers shall hold office until the next annual meeting of the
membership after their election, unless, before such time, they resign or are removed from their
offices. Any officer who ceases to be a member of the Corporation shall thereby cease to be an
officer.
Section 4. Removal from Office. The officers shall serve at the pleasure of the
membership and may be removed from office at any time by an affirmative vote of two thirds of
the entire membership.
Section 5. Duties of the President. The President shall:
a. Preside at all meetings of the membership when able to do so.
b. Consult with the other officers and the committees of the Corporation regarding the
fulfillment of their duties.
c. Assure that an agenda is prepared for every meeting of the membership.
d. Give notice to any member who has been absent from three consecutive regular meetings,
as required by these bylaws.
e. Call special meetings of the membership when petitioned to do so in accordance with
these bylaws.
f. Perform such other duties as the membership may assign.
Section 6. Duties of the Vice President. The Vice President shall:
a. Perform all duties of the President in the event that the President is absent or unable to
perform these duties.
b. Perform those duties assigned to the President regarding the resignation of a member
when the President is disqualified from performing these duties.
c. Assure that up-to-date copies of these bylaws (incorporating any duly approved
amendments) are maintained by the Corporation; answer all questions from the
membership regarding these bylaws; and assure that all actions of the membership
comply with these bylaws.
d. Assure that any and all committees established by the membership are constituted as
directed and meet as necessary and appropriate. .
e. Perform such other duties as the membership may assign.
Section 7. Duties of the Secretary. The Secretary or his/her designee shall:
5
a. Assure that a list of all members and their mailing addresses is maintained by the
Corporation.
b. Assure that proper notice of all meetings of the membership is given.
c. Assure that motions and votes in meetings of the membership are accurately represented
to those present and are accurately recorded in the minutes.
d. Assure that minutes of all meetings of the membership are recorded and kept on
permanent record.
e. Perform such other duties as the membership may assign.
Section 8. Duties of the Treasurer. The Treasurer shall oversee the finances of the
Corporation. Specifically, the Treasurer or his/her designee shall:
a. Assure that the financial records of the Corporation are maintained in accordance with.
sound accounting practices.
b. Assure that all deeds, title papers, leases, and other documents establishing the
Corporation's interest in property and rights in particular matters are systematically and
securely maintained.
c. Assure the proper disbursement of such funds as the membership may order or authorize
to be disbursed.
d. Assure that accurate financial reports (including balance sheets and revenue and expense
statements) are prepared and presented to the membership at each regular meeting.
e. Assure that such reports and returns as maybe required by various government agencies
are prepared and filed in a timely manner.
f. Assure that an annual operating budget is prepared and presented to the membership for its
approval prior to the beginning of each fiscal year.
ARTICLE VI
ADMINISTRATION OF GIFTS
Section 1. General Powers. The membership shall exercise good faith and ordinary
care in all matters relating to the acquisition, holding, management, control, supervision,
investment and disposition of property, assets and gifts of the Corporation.
6
The membership may, in furtherance of the Corporation's not-for-profit purposes, direct
distributions to such persons, organizations, or governmental agencies as, in the opinion of the
membership, can best serve the needs of the community, or may help create new qualified
organizations to carry such purposes.
ARTICLE VII
COMMITTEES
Section 1. Executive Committees. By majority vote of the entire membership and by
a resolution duly adopted, one or more committees may be established, which, to the extent
provided by resolution, shall have and exercise the authority of the membership in the
management of the Corporation; provided, however, that the designation of and delegation of
authority to committees shall not relieve the membership, or any member individually, of any
responsibility imposed on the membership or any individual member by these bylaws, or by law.
Section 2. Other Committees. Other committees not having and exercising the
managerial authority of the membership, may be established by resolution duly adopted by
majority vote of the entire membership. Except as provided by resolution, members of
committees shall be members of the Corporation, and shall be appointed by the President. Any
member may be removed by the President, when, in the judgment of the President, the interests
of the Corporation would be best served by removal.
Section 3. Terms of Office. Each member of a committee shall continue as a
member of the committee until the next annual meeting of members of the Corporation and until
his or her successor is appointed, unless the committee shall be sooner abolished, or unless the
member is removed or ceases to qualify as a member of the committee.
Section 4. Chairperson. One member of each committee may be appointed
chairperson by the person or persons authorized to appoint the members of the committee.
Section 5. Vacancies. Vacancies in the membership of any committee shall be filled
by appointments made in the same manner as provided in the case of original appointments, and
any member elected in this manner shall be elected for the unexpired term of his or her
predecessor.
Section 6. uorum. Unless otherwise provided in a committee's establishing
resolution, a majority of the whole committee shall constitute a quorum, and the act of a majority
of members present at a meeting at which a quorum is present shall be an act of the committee.
Section 7. Rules. Each committee may adopt rules and regulations for its meetings
and the conduct of its activities which it deems appropriate; provided, however that the rules and
regulations are consistent with these bylaws, and provided further that regular minutes of all
proceedings are kept.
ARTICLE VIII
7
AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS
The articles of incorporation may be amended and these bylaws may be amended or
may be repealed and new bylaws adopted only by an affirmative vote by two thirds of the
entire membership at any regular or special meeting, provided that written notice of such
meeting has set forth the proposed amendment or replacement, with appropriate explanations
thereof.
ARTICLE IX
DISSOLUTION
A decision to dissolve the Corporation and to distribute the Corporation's assets in a
particular manner in accordance with the articles of incorporation shall require:
1. An affirmative vote by two thirds of the entire membership at any regular or special
meeting, provided that written notice of such meeting has included a full description of the plan
of dissolution; and
2. An affirmative vote by two thirds of the members present at a regular or special meeting, a
quorum being assembled, provided that written notice of such meeting, including a full
description of the proposed plan of dissolution, has been given to all members of the Corporation
no later than three weeks prior to the meeting.
ARTICLE X
MISCELLANEOUS PROVISIONS
Section 1. Fiscal Year. The fiscal year of the Corporation shall begin on January 1
of each year, and shall end on December 31 of each year.
Section 2. Deposit of Funds. All funds of the Corporation not otherwise employed
shall be deposited in such banks, trust companies, or other reliable depositories as the
membership from time to time may determine.
Section 3. Checks, etc. All checks, drafts, endorsements, notes and evidences of
indebtedness of the Corporation shall be signed by such officers or agents of the Corporation
and in such manner as the membership from time to time may determine. Endorsements for
deposits to the credit of the Corporation shall be made in such manner as the membership from
time to time may determine.
Section 4. Loans. No loans or advances shall be contracted on behalf of the
Corporation, and no note or other evidence of indebtedness shall be issued in its name, except
as authorized by the membership. Any such authorization shall relate to specific transactions.
8
Section 5. Contracts. Any officer or agent of the Corporation specifically
authorized by the membership may, on behalf of the Corporation, enter into those contracts or
execute and deliver those instruments that are specifically authorized by the membership.
Without the express and specific authorization of the membership, no officer or other agent of
the Corporation may enter into any contract or execute and deliver any instrument in the name
of the Corporation.
Section 6. Indemnification. Every member and officer of the Corporation shall be
indemnified by this Corporation to the full extent permitted by law against all expenses and
liabilities, including attorney's fees in trial and appellate proceedings or any settlement thereof,
reasonably incurred by or imposed upon him in connection with any proceeding to which
he/she may be a party, or in which he/she may become involved, by reason of his/her being or
having been a member or officer of this Corporation, whether or not he/she is a member or
officer at the time such expenses are incurred, unless the liability of the member or officer in
question is adjudged by decision of a court of competent jurisdiction to result from the gross
negligence or willful misconduct of such officer or member in the performance of his/her
duties; provided, however, that in the event of a settlement, the indemnification herein shall
apply only when the membership approves such settlement and reimbursement as being in the
best interest of this Corporation. The foregoing right of indemnification shall be in addition to
and shall not be exclusive of all other rights to which said member or officer maybe entitled.
ARTICLE XI
INITIAL MEMBERSHIP ADOPTION OF BYLAWS. FIRST ANNUAL MEETING
Section 1. Initial Membership. The initial members empowered to vote at the first
annual meeting shall be those persons 18 years of age or older who have attended at least one
of the meetings held between April 18, 2007, and the date of incorporation, as recorded in the
minutes of these meetings. The initial members, after approving these bylaws, shall call the
first Annual Meeting of the Membership, and shall serve until the first elected membership has
been seated upon the completion of the First Annual Meeting.
Section 2. Adoption of B~aws. Adoption of these bylaws as the bylaws of the
Corporation shall require approval by a majority of the initial membership prior to the First
Annual Meeting.
Section 3. First Annual Meeting. The First Annual Meeting of the membership, for
the election of members and the transaction of other business, shall be held within 60 days of
receiving the certificate of corporation from the State. Thereafter the annual meeting shall be
held in first quarter of the fiscal year. The location and specific time of the First Annual
Meeting shall be determined by the initial members. Notice of the First Annual meeting shall
be mailed or emailed to all initial members at least seven days prior to the meeting and shall
include a list of those persons nominated for membership.
9
/~`
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS /.
FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING'
/~ i `
THROUGH: CITY MANAGER
DATE: OCTOBER 4, 2007
SUBJECT: AGENDA ITEM # 4'V 5•~ WORKSHOP MEETING OF OCTOBER 9. 2007
UPDATE ON THE CURRENT STATUS OF THE HISTORIC PRESERVATION
DESIGN GUIDELINES.
ITEM BEFORE COMMISSION
The item before the Commission is a discussion of the current status of the Historic
Preservation Design Guidelines recently considered by both the Historic Preservation Board
and the Planning and Zoning Board.
BACKGROUND
Given concerns over the level and type of development affecting historic preservation efforts
within all five (5) of the City's historic districts, the City Commission, on April 18, 2006,
implemented asix-month moratorium. During the moratorium, Staff worked with consultants
(REG Architects and Urban Design Studio) in conducting a series of public meetings with the
property owners of the Historic Districts. As a result, the consultant prepared a revised set of
Delray Beach Historic Preservation Design Guidelines, a Design Guidelines supplement, and
made LDR amendment recommendations. The LDR amendments were drafted and presented
as Historic Preservation Design Guidelines.
The Planning and Zoning Board reviewed these guidelines at their meeting of November 20,
2006, where a recommendation of approval was made to the City Commission. Additional
revisions were made prior to consideration by the City Commission and the Board rereviewed
the Ordinance at its February 26, 2007 meeting. A motion to approve the amendments failed by
a vote of 0-6.
The City Commission considered the proposed LDR amendments on March 20, 2007, and the
motion to approve was denied on a 3-1 vote. At that time, the City Commission made specific
suggestions to Staff which included review of the proposed amendments through a charette
process between Staff and local design professionals. The charette was held in May, 2007
when approximately ten (10) local design professionals participated in a design exercise to
apply the proposed guidelines to specific properties located within the historic districts. This
process included a discussion of how the ordinance could be improved.
A follow-up meeting between Staff and the charette participants was held on August 7, 2007 at
which time Staff presented the modified ordinance incorporating some of the suggested
changes. The guidelines included a combination of Staff recommendations in consultation with
REG and Urban Design Studio, and suggestions made by City Commission and the design
professionals.
These changes were considered by the Historic Preservation Board on August 15, 2007 and a
recommendation of approval was made on a vote of 4-1. The Planning and Zoning Board
City Commission Documentation -October 9, 2007 Workshop
Current Status of Historic Preservation Design Guidelines
considered the LDR amendments at its August 20, 2007 meeting and recommended denial on
a unanimous 7-0 vote. The Board had extensive discussion centered on the requirements for
new development to be analyzed based on compatibility with immediately adjacent structures
(i.e. survey area). Given these concerns, staff is in the process of doing a comprehensive
review of the ordinance in an attempt to make it more understandable and to address concerns
relating to the survey area requirements.
ANALYSIS OF ORDINANCE:
In summary, the proposed ordinance has several "regulatory tools" to help more clearly define
what will be considered visibly compatible development within the districts. An "Angle of
Vision," requirement is introduced to require a portion of the building at the front setback line be
slightly offset horizontally (increased setbacks) to help mitigate the mass of the structure at the
front setback line. A "Building Height Plane" calculation will require a portion of any second
story element to be set back from the front setback line, thereby reducing the mass of the front
facade on the street. In addition, an increased side setback of five feet (5') on all upper stories
of multi-story structures is proposed, further mitigating the impact of multi-story walls at the side
set back line. Relief is available to this requirement for architectural styles which call for a full
two-story wall plane.
A "First Floor Maximum Height" is also proposed to minimize the mass of one story
components from all sides of a lot. LDR Section 4.5.1 also addresses "Lot Coverage" within
the historic districts. Maximums for each district are proposed and some additional flexibility and
incentives are recommended to encourage additions versus demolitions on Historic structures,
retention of one story structures, and to accommodate additional development potential for lots
on the Intracoastal Waterway in the Marina District. Additional LDR revisions include language
regarding the neglect of structures constituting a nuisance violation and making it subject to civil
citations and fines.
Staff is currently reviewing the current ordinance's requirement for certain major development to
consider a survey area as an additional compatibility barometer. Significant opposition to this
requirement has been expressed by members of the public and members of the Planning and
Zoning Board. The main objections appear to focus on three key concerns. These include a
perception that the requirement will be labor intensive for applicants and their design
professionals; that it has the potential to impose different development thresholds on similar lots
within a district; and lastly, that it does not address the unique characteristics of individual
districts (i.e. same requirements for every district.)
In an attempt to address these concerns, staff is undertaking a complete analysis of each and
every lot within all five districts. From this information, we will be able to determine each
district's average number of stories, building lot coverage and floor area ratios. From these
numbers, it will be possible to generate the averages per district which can be utilized in lieu of
individual survey area figures. This methodology addresses all three concerns relating to the
use of survey areas, in that all of additional work would be completed by staff; the compatibility
thresholds would be the same throughout each district (i.e. based on district averages); and the
thresholds would be different between districts, based on individual district averages.
2
City Commission Documentation -October 9, 2007 Workshop
Current Status of Historic Preservation Design Guidelines
REVIEW BY OTHERS
The Planning and Zoning Board is tentatively scheduled to consider the revised ordinance at a
special meeting scheduled for November 12, 2007 and the Historic Preservation Board is
tentatively scheduled to consider the revisions at their regular November 7, 2007 meeting.
REQUESTED ACTIONS
Provide direction to staff.
3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~OBERT A. BARCINSKI, ASSISTANT CITY MANAGER
THROUGH: DAVID T. HARDEN, CITY MANAGER ~,~~
DATE: OCTOBER 4, 2007
SUBJECT: AGENDA ITEM # -COMMISSION WORKSHOP OF OCTOBER 9, 2007
PRESENTATION QALERT CUSTOMER SERVICE REQUEST SYSTEM
ITEM BEFORE COMMISSION
Staff will make a brief presentation to City Commission on the QAlert Customer Service Request
System.
BACKGROUND
On October 1St we implemented a new Customer Service Request System. QAlert will help us gain
a clearer understanding of the trends and issues in Delray Beach as we keep an eye on future
initiatives and spending. QAlert will help us produce more concise reports, which will allow us to
compile a list of key issues and problem areas, and thereby improve our customer service through
our administrative decisions.
QAlert, a product of QScend Technologies, Inc., enables citizens to alert administrators of various
concerns. When a service request is entered online by a citizen, through the dedicated access line
that we have established, or by municipal staff, QAlert routes that request to the appropriate party
for resolution. Municipal staff can trigger notification to the citizen of the status of their request
through email notifications or by postal mail at key points along the way, or when the service
request has been addressed and closed.
QAlert is an effective management and tracking tool that not only insures a service request never
gets lost, but enables city officials to better manage personnel, resources, and budget dollars.
Those with Internet access will be able to submit their service requests any time of day, any time of
week. Those that do use the Internet will automatically receive a confirmation of their service
request when it is filed, but we'll be striving to further acknowledge receipt of that request by
departments within a business day, and the next business days after weekends and holidays.
Citizens without Internet access can use the new phone number 243-7012 as their one-point of
contact for service requests with the city between the hours of 8 a.m. and 5 p.m. After hours,
citizens will be able to leave a message for Delray call takers, who will forward the information to
the proper departments first thing the next business day.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: TERRILL BARYON, ASSISTANT CITY ATTORNEY
THROUGH: CITY ATTORNEY
DATE: OCTOBER 4, 2007
SUBJECT: AGENDA ITEM # - WORKSIEIOP MEETING OF OCTOBER 9.2007
Ordinance 45-07 - Prouosed Motorcycle Ordinance
ITEM BEFORE COMMISSION
~l
The item before the City Commission is discussion of a proposed ordinance limiting motorcycle
travel on a portion of Atlantic Avenue and providing a cap on motorcycle noise levels.
BACKGROUND
The City has received complaints about loud and raucous noise emanating from motorcycles on
East Atlantic Avenue between Swinton and southbound U.S. Highway No. 1 (N.E. - S.E. 5`~
Avenue) due to the large number of outdoor dining facilities. The attached ordinance proposes
limiting this noise by not allowing their travel on East Atlantic Avenue if they are traveling east
or west between Swinton on the west and U.S. Highway No. 1 (N.E. - S.E. S~' Avenue) on the
east between 7 a.m. and 11 p.m.; however, motorcycles may still travel to downtown Delray
Beach on roadways other than East Atlantic Avenue at all times and they may travel across East
Atlantic Avenue going north or south at all times; and motorcyclists shall be prohibited from
retying their engines and from modifying the exhaust systems of their motorcycles to make them
louder.
RECOMMENDATION
The City Attorney's office recommends moving the ordinance to a future regular meeting for
approval on first reading.
WS 5
ORDINANCE NO. 45-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES",
SUBSECTION (Q), "CNIL PENALTIES", TO PROVIDE FOR
CITATIONS FOR NOISE VIOLATIONS OF MOTOR VEHICLES
AND MOTORCYCLES; AMENDING CHAPTER 70, "TRAFFIC
REGULATIONS", "GENERAL PROVISIONS", BY AMENDING
SECTION 70.02, "TRUCK AND TRAILER PROHIBITION ON
CERTAIN PORTIONS OF ATLANTIC AVENUE", IN ORDER TO
PROHIBIT MOTORCYCLES ON CERTAIN PORTIONS OF
ATLANTIC AVENUE; AMENDING CHAPTER 99, "NOISE
CONTROL", BY .AMENDING SECTION 99.02, "DEFINITIONS", TO
PROVIDE UPDATED DEFINITIONS; BY AMENDING SECTION
99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED;
EXCEPTIONS", TO CHANGE THE NAME TO "LOUD AND
RAUCOUS NOISES ENUMERATED; EXEMPTIONS", BY
AMENDING SUBSECTION (A), "CERTAIN ACTS DECLARED
UNLAWFUL", (1)(a) AND (14), "MOTOR VEHICLES OPERATING
ON A PUBLIC RIGHT-OF-WAY", TO ADD "MOTORCYCLES",
"MUFFLERS", AND "RAPID THROTTLE ADVANCE", IN ORDER
TO PROVIDE A CAP FOR ALL MOTORCYCLE EXHAUST NOISE
AND REQUIRE EPA NOISE TEST STAMPS; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the
public health, safety and welfare of its citizens; and
WHEREAS, the City Commission enacts this ordinance in the interest of the public health, peace,
safety, and general welfare of the citizens of Delray Beach, Florida, pursuant to Article VII, Section 2(b) and (5)
of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and
WHEREAS, the City Commission desires to reduce adverse health effects and urban blight that occur
as a result of excess and raucous noise; and
WHEREAS, Congress gave states and their subdivisions broad powers to control motorcycles and
motorcycle exhaust systems with respect to vehicle owners who deliberately make their motorcycles loud. See,
42 U.S.C. 4905{e)(2); and
WHEREAS, there is no commerce clause violation because there is no discrimination against out-of-
state competition and it is not unduly burdensome since this ordinance applies to all motorcycles and it only
limits their travel on East Atlantic Avenue if they are travelling east or west between Swinton on the west and
Southbound U.S. Highway No. 1 (NE-SE 5's Avenue) on the east between 7 a.m. and 11 p.m.; however,
motorcycles may still travel to downtown Delray Beach on roadways other than East Atlantic Avenue at all
times and they may travel across East Atlantic Avenue going north or south at all times; and
WHEREAS, the City Commission desires to limit loud and raucous noise on East Atlantic Avenue
between Swinton and southbound U.S. Highway No. 1 (N.E. - S.E. 5~' Avenue) due to the large number of
outdoor dining facilities in order to protect the health and welfare of the public; and
WHEREAS, the City Commission may enforce this ordinance in accordance with the City's civil
citation ordinance codified in Section 37.45, which provides for civil penalties for violations of the City's noise
control ordinance; and
WHEREAS, the City Commission has the authority to restrict the use of streets and to prohibit or
regulate the use of heavily traveled streets within the jurisdiction of the City of Delray Beach pursuant to
Section 316.008, Fla. Star.; and
WHEREAS, the City Commission desires to update its noise ordinance in order to better protect its
citizens' right to an environment free from excessive noise in accordance with new case law and studies
including but not limited to the following.
A Line in the Sand Florida M~n3cipalities Stn~le to Determine. the ~~ Between Valid Noise
Ordinances And Unconstitutional RestrictiQn~ An analysis prepazed by Paula P. Bentley. Stetson Law
Review, 2006.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DEI.RAY BEACH, FLORIDA:
Section 1. That Tide 3, "Administration", Chapter 37, "Delray Beach Code Enforcement", of the
Code of Ordinances of the City of Dekay Beach, Florida, Section 37.45, "Supplemental Code Enforcement
Procedures", Subsection (~, "Civil Penalties", shall be amended to read as follows:
NOISE CONTROL
99.03 It shall be unlawful for any person to make,
continue, or cause to be made any noise disturbance $150 $225
99.04 (1) It shall be unlawful to permit to be played any
radio, musical instrument, phonograph, or other
device used to produce sound thaE for purposes
of entertainment
a. If the noise source is Located within an
2 ORD. N0.45-07
automobile, in or on a public access area
and can be heard ~A'- ~5' from the source,
or 100' if the noise source is within a
building $200 $275
b. If the sound violates the decibel level
established by ordinance $200 $275
99.04 (2) Loud speakers/Public address systems within. a
noise sensitive zone $200 $275
99.04(14 (~;L_ Motor vehicles making loud and raucous
noises 8200 8275
j..b) Motorcycles loud and raucous
noises $200 8275
~c,Z Mufflers making loud and raucous noises 8200 .8275
~d~, Rapid throttle advance (revving) 8,00 8275
99.05 Sound levels by land use $200 $275
All other violations of Sec. 99
$150 $225
Section 2. That Title 7, "Traffic Code", Chapter 70, "Traffic Regulations", "General Provisions",
of the code of Ordinances of the City of Delray Beach, Florida, Section 70.02, "Truck and Trailer Prohibition
on Certain Portions of Atlantic Avenue", is hereby amended to read as follows:
Sec. 70.02. TRUCK AND TRAILER AND MOTORCYCLE PROHIBITION ON CERTAIN
PORTIONS OF ATLANTIC AVENUE.
No trucks or trailers, except such vehicles providing emergency services or performing
governmental service on behalf of the City, the County, or the State and further excepting armored car
vehicles, shall be permitted at any time on Atlantic Avenue between Swinton Avenue on the west and
southbound U.S. Highway No. 1 (N.E. - S.E. 5'~ Avenue) on the east.
~~ No motorcyc les except for authorized law en forcement mo t~cles shall bed mnitted
to travel east or west on Atl antic Avenue etareen Swinton Avenue on the west and southbound U S
Higl way,~To. 1 ~..N.E. - S.E. 5s' Avenue,) on the east between the hours of 7 a.m. and 11 p.m.
ec '0 3. That Tide 9, "General Regulations", Chapter 99, "Noise Control", Section 99.02,
"Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended to read as
follows:
Motorrycler. An unenclosed motor vehicle having a saddle for the use of the operator and two (2) or
three (3) wheels in contact with the ground, ~ >~
~xcludinQ a tractor or moped,
Noire Disturbance. ~ Raucous noise„ se~cl-~iek:
3 ORD. N0.45-07
Person. Any individual, association, partnership or corporation, and includes any officer,
employee, department, agency or instrumentality of a State or any political subdivision of a State.
person shall be additionall.„y construed to m~ reasonable persons of ordinary sensibilities.
Raucous Noire A term which shall mean an_y sound which, because of its volume level, duration
character and time of day annoys disturbs in#ures, or en angers the comfort,,,_health, peace or safety of
seasonable 1Zersons of ordinazv sensibilities within the limits of the City
ctio 4. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.04, Loud
and Unnecessary Noises Enumerated; Exemptions", Subsection {A), "Certain Acts Declared Unlawful", (1){a)
of the Code of Ordinances of the City of Delray Beach, shall be amended to read as follows:
(A)(1) (a) Violation will occur if the noise source is located within an automobile, 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, ox on any private property, and the sound can be heard
more than ~~} twe~yt -five (25) feet from its source or, if the noise source is
in a building or other 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.
tion That Tide 9, "General Regulations", Chapter 99, "Noise Control", Section 99.04, "Loud
and Unnecessary Noises Enumerated; Exemptions", Subsection (A), "Certain Acts Declared Unlawful", (14),
"Motor Vehicles Operating on a Public Right-of-Way", of the Code of Ordinances of the City of Delray Beach,
shall be amended to read as follows:
Sec. 99.04. LOUD AND RAi,~JCOUS NOISES ENUMERATED;
EXEMPTIONS.
(A)(14) ~ Motor Vehicles Operating on a Public I~rght-of-IY/ay. Motor vehicles on aPublic Right-
of-Way are regulated as set forth in the Florida Motor Vehicle Noise Prevention
and Control Act of 1974, as set forth in F.S. Sections 316.272 and 316.293, as
currently exists or as may hereafter be amended: and
~b~ Moton.~cks All motorc ycles manufactured after December 31 1982 shall be
eSuipped as required by the Federal Environmental protection ~~ l~ . EPA"1
noise emissions re a tions 40CFR205 parts D&E bursuant to th e Noise
Control Act ("NCA") o f 1972, to include• ~) labeled exhaust s ystems„ free of
defects or modifications that state they meet federal ngise emiss ions st andards,
4 ORD. N0.45-07
in accordance to the maximum dBA levels for the mode ears listed below and.
all other rg~.ated equipment to include chaise mounted labels (as a means to
facilitate vehicle and exhaust systems licab' 'tv~ and other integral exhaust
system components Nothing in this section shall prevent the installa~on of U S
FPA approved low noise emission mufflers onto these motor~cles
I Maximgm U S EPA noise emission muffler ~g~, for highway
mo orcycl~s manufactured:
a. After 1982 and before 1985: 83dBA
~ After 1985 to Present: 80dBA
~~.__.__._M s Every motor vehicle,,, mgt~r ycle and motor-driven cycle muffler that
creates loud and unreasonably excessive or raucous noise shall be prohibited
(ill mid Throttle Advancr Rapid throttle advan~e_jrevving) of an internal
combustion gn,~e resulting in increased noise from the engu,~e.
Section G. 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.
Seclign 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 8. That this ordinance shall become effective immediately upon its passage on second and
final reading.
PASSED AND ADOPTED in regulaz session on second and final reading on this the day of
.2007.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
5 ORD. N0.45-07
ORDINANCE NO. 45-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES",
SUBSECTION (Q), "CIVIL PENALTIES", TO PROVIDE FOR
CITATIONS FOR NOISE VIOLATIONS OF MOTOR VEHICLES
AND MOTORCYCLES; AMENDING CHAPTER 70, "TRAFFIC
REGULATIONS", "GENERAL PROVISIONS", BY AMENDING
SECTION 70.02, "TRUCK AND TRAILER PROHIBITION ON
CERTAIN PORTIONS OF ATLANTIC AVENUE", IN ORDER TO
PROHIBIT MOTORCYCLES ON CERTAIN PORTIONS OF
ATLANTIC AVENUE; AMENDING CHAPTER 99, "NOISE
CONTROL", BY AMENDING SECTION 99.02, "DEFINITIONS", TO
PROVIDE UPDATED DEFINITIONS; BY AMENDING SECTION
99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED;
EXCEPTIONS", TO CHANGE THE NAME TO "LOUD AND
RAUCOUS NOISES ENUMERATED; EXEMPTIONS", BY
AMENDING SUBSECTION (A), "CERTAIN ACTS DECLARED
UNLAWFUL", (1)(a) AND (14), "MOTOR VEHICLES OPERATING
ON A PUBLIC RIGHT-OF-WAY", TO ADD "MOTORCYCLES",
"MUFFLERS", AND "RAPID THROTTLE ADVANCE", IN ORDER
TO PROVIDE A CAP FOR ALL MOTORCYCLE EXHAUST NOISE
AND REQUIRE EPA NOISE LABELS; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Dekay Beach, Florida, has the authority to protect the
public health, safety and welfare of its citizens; and
WHEREAS, the City Commission enacts this ordinance in the interest of the public health, peace,
safety, and general welfare of the citizens of Delray Beach, Florida, pursuant to Article VII, Section 2(b) and (5)
of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and
WHEREAS, the City Commission desires to reduce adverse health effects and urban blight that occur
as a result of excess and raucous noise; and
WHEREAS, Congress gave states and their subdivisions broad powers to control motorcycles and
motorcycle exhaust systems with respect to vehicle owners who deliberately make their motorcycles loud. See,
42 U.S.C. 4905(e)(2); and
R~,~~a o..~,~~;~.~, ~~~ ws ~
WHEREAS, there is no commerce clause violation because there is no discrimination against out-of-
state competition and it is not unduly burdensome since this ordinance applies to all motorcycles and it only
limits their travel on East Atlantic Avenue if they are travelling east or west between Swinton on the west and
Southbound U.S. Highway No. 1 (NE-SE 5~' Avenue) on the east between 7 a.m. and 11 p.m.; however,
motorcycles may still travel to downtown Delray Beach on roadways other than East Atlantic Avenue at all
times and they may travel across East Atlantic Avenue going north or south at all times; and
WHEREAS, the City Commission desires to limit loud and raucous noise on East Atlantic Avenue
between Swinton and southbound U.S. Highway No. 1 (N.E. - S.E. 5`s Avenue) due to the large number of
outdoor dining facilities in order to protect the health and welfare of the public; and
WHEREAS, the City Commission may enforce this ordinance in accordance with the City's civil
citation ordinance codified in Section 37.45, which provides for civil penalties for violations of the City's noise
control ordinance; and
WHEREAS, the City Commission has the authority to restrict the use of streets and to prohibit or
regulate the use of heavily traveled streets within the jurisdiction of the City of Delray Beach pursuant to
Section 316.008, Fla. Stat.; and
WHEREAS, the City Commission desires to update its noise ordinance in order to better protect its
citizens' right to an environment free from excessive noise in accordance with new case law and studies
including but not limited to the following:
A Line in the Sand Florida Municipalities Struggle to Determine the Line Between Valid Noise
Ordinances And Unconstitutional Restrictions. An analysis prepared by Paula. P. Bentley. Stetson I~,17~
I~eviesv, 2006.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Title 3, "Administration", Chapter 37, "Dekay Beach Code Enforcement", of the
Code of Ordinances of the City of Dekay Beach, Florida, Section 37.45, "Supplemental Code Enforcement
Procedures", Subsection (~, "Civil Penalties", shall be amended to read as follows:
NOISE CONTROL
99.03 It shall be unlawful for any person to make,
continue, or cause to be made any noise disturbance $150 $225
99.04 ~(1) It shall be unlawful to permit to be played any
radio, musical instrument, phonograph, or other
device used to produce sound t for purposes
of entertainment
a. If the noise source is located within an
2 ORD. N0.45-07
automobile, in or on a public access area
and can be heard ~ ' 25' from the source,
or 100' if the noise source is within a
building $200 $275
b. If the sound violates the decibel level
established by ordinance $200 $275
99.04(2) Loud speakers/Public address systems within a
noise sensitive zone $200 $275
99.04 (AZ(14) Violations pertaining to noise and noise
prevention standards for motor vehicles,
motorcycle, and motor-driven cycles. $200 $275
99.05 Sound levels by land use $200 $275
All other violations of Sec. 99 $150 $225
Section 2. That Title 7, "Traffic Code", Chapter 70, "Traffic Regulations", "General Provisions",
of the code of Ordinances of the City of Delray Beach, Florida, Section 70.02, "Truck and Trailer Prohibition
on Certain Portions of Atlantic Avenue", is hereby amended to read as follows:
Sec. 70.02. TRUCK AND TRAILER AND MOTORCYCLE PROHIBITION ON CERTAIN
PORTIONS OF ATLANTIC AVENUE.
No trucks or trailers, except such vehicles providing emergency services or performing
governmental service on behalf of the City, the County, or the State and fiirther excepting armored car
vehicles, shall be permitted at any time on Atlantic Avenue between Swinton Avenue on the west and
southbound U.S. Highway No. 1 (N.E. - S.E. 5`'' Avenue) on the east.
~B) No motorcycles except for authorized law enforcement motorcycles shall be permitted
to travel east or west on Atlantic Avenue between Swinton Avenue on the west and southbound U.S.
Highway No. 1 (N.E. - S.E. 5`s Avenue) on the east between the hours of 7 a.m and 11$ m
Section 3. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.02,
"Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended to read as
follows:
Motorcycles An unenclosed motor vehicle having a saddle for the use of the operator and two (2) or
three (3) wheels in contact with the ground, ~ ~ but
excluding a tractor or moped.
Noise Disturbance. ~ Raucous noises sel~eh:
3 ORD. NO. 45-07
Perron. Any individual, association, partnership or corporation, and includes any officer,
employee, department, agency or instrumentality of a State or any political subdivision of a State.
Person shall be additionally construed to mean reasonable persons of ordinary sensibilities.
Kaucouc Noire. A term which shall mean any sound which, because of its volume level duration,
character. and time of day annoys, disturbs, injures, or endangers the comfort, health peace or safety of
reasonable persons of ordinary sensibilities within the limits of the City,
Section 4. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.04, Loud
and Unnecessary Noises Enumerated; Exemptions", Subsection (A), "Certain Acts Declared Unlawful", (1)(a)
of the Code of Ordinances of the City of Dekay Beach, shall be amended to read as follows:
(A)(1) (a) Violation will occur if the noise source is located within an automobile, 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 €3A3 twenty-five (25) feet from its source or, if the noise source is
in a building or other 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.
Section 5. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.04, "Loud
and Unnecessary Noises Enumerated; Exemptions", Subsection (A), "Certain Acts Declared Unlawful", (14),
"Motor Vehicles Operating on a Public Right-of-Way", of the Code of Ordinances of the City of Dekay Beach,
shall be amended to read as follows:
Sec. 99.04. LOUD AND RAUCOUS NOISES ENUMERATED;
EXEMPTIONS.
(A)(14) ~ Motor Vehicles Operating on a Public Krght-of--Way. Motor vehicles on a Public Right-
of-Way are regulated as set forth in the Florida Motor Vehicle Noise Prevention
and Control Act of 1974, as set forth in F.S. Sections 316.272 and 316.293, as
currently exists or as may hereafter be amended: and
Moto~z~__ All__ motoxcvcles manufactured after December 31. 1982 shall be
equipped as required by the Federal Environmental Protection Agenry (T A"~
noise emissions regulations 40CFR205 parts D&E, tiursuant to the Noise
Control Act ("NCA") of 1972, to include: (1) labeled exhaust systems. free of
defects or modifications, that state they meet federal noise emissions standards,
in accordance to the maximum dBA levels for the model years listed below: and,
(2) all other related equipment to include chaise mounted labels (as a means to
4 ORD. N0.45-07
facilitate vehicle and exhaust system applicability, and other integral exhaust
system components. Nothing in this section shall prevent the installation of U S
EPA approved low noise emission mufflers onto these motorcycles
1. Maximum U.S. EPA noise emission muffler ratings for highway use
motorcycles manufactured:
a. After 1982 and before 1985: 83dBA
b. After 1985 to present: 80dBA
(c) Mu~flers. Every motor vehicle, motorcvcle and motor-driven cycle muffler that
fails to limit loud and unreasonably excessive or raucous noise shall be
prohibited.
(d) 1~id Thrnttle Advance Rapid throttle advance (revving of an internal
combustion engine of a motor vehicle, motorcycle or motor-driven cycle
resulting in increased noise from the engine.
Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 8. 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
.2007.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
5 ORD. NO. 45-07
ORDINANCE NO. 45-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES",
SUBSECTION (Q), "CYNIC PENALTIES", TO PROVIDE FOR
CITATIONS FOR NOISE VIOLATIONS OF MOTOR VEHICLES
AND MOTORCYCLES; AMENDING CHAPTER 70, "TRAFFIC
REGULATIONS", "GENERAL PROVISIONS", BY AMENDING
SECTION 70.02, `°I'RUCK AND TRAILER PROHIBITION ON
CERTAIN PORTIONS OF ATLANTIC AVENUE", IN ORDER TO
PROHIBIT MOTORCYCLES ON CERTAIN PORTIONS OF
ATLANTIC AVENUE; AMENDING CHAPTER 99, "NOISE
CONTROL", BY AMENDING SECTION 99.02, "DEFINITIONS", TO
PROVIDE UPDATED DEFINITIONS; BY AMENDING SECTION
99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED;
EXCEPTIONS", TO CHANGE THE NAME TO "LOUD AND
RAUCOUS NOISES ENUMERATED; EXEMPTIONS", BY
AMENDING SUBSECTION (A), "CERTAIN ACTS DECLARED
UNLAWFUL", (1)(a) AND (14), "MOTOR VEHICLES OPERATING
ON A PUBLIC RIGHT-OF-WAY", TO ADD "MOTORCYCLES",
"MUFFLERS", AND "RAPID THROTTLE ADVANCE", IN ORDER
TO PROVIDE A CAP FOR ALL MOTORCYCLE EXHAUST NOISE
AND REQUIRE EPA NOISEk_LABELS; PROVIDING A SAVINGS_ ___________ ---.-- Deleoad: ~srsraMrs
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the
public health, safety and welfare of its citizens; and
WHEREAS, the City Commission enacts this ordinance in the interest of the public health, peace,
safety, and general welfare of the citizens of Delray Beach, Florida, pursuant to Article VII, Section 2(b) and (5)
of the Florida Constitution, and Chapter 166, Section 166.021 of the Florida Statutes; and
WHEREAS, the City Commission desires to reduce adverse health effects and urban blight that occur
as a result of excess and raucous noise; and
WHEREAS, Congress gave states and their subdivisions broad powers to control motorrycles and
motorcycle exhaust systems with respect to vehicle owners who deliberately make their motorrycles loud. See,
42 U.S.C. 4905(e)(2); and
WHEREAS, there is no commerce clause violation because there is no discrimination against out-of-
state competition and it is not unduly burdensome since this ordinance applies to all motorrycles and it only
limits their travel on East Atlantic Avenue if they are travelling east or west between Swinton on the west and
Southbound U.S. Highway No. 1 (NE-SE 5~' Avenue) on the east between 7 a.m. and 11 p.m.; however,
motorrycles may still travel to downtown Delray Beach on roadways other than East Atlantic Avenue at all
times and they may travel across East Atlantic Avenue going north or south at all times; and
WHEREAS, the City Commission desires to limit loud and raucous noise on East Atlantic Avenue
between Swinton and southbound U.S. Highway No. 1 (N.E. - S.E. 5`" Avenue) due to the ]arge number of
outdoor dining facilities in order to protect the health and welfaze of the public; and
WHEREAS, the City Commission may enforce this ordinance in accordance with the City's civil
citation ordinance codified in Section 37.45, which provides for civil penalties for violations of the City's noise
control ordinance; and
WHEREAS, the City Commission has the authority to restrict the use of streets and to prohibit or
regulate the use of heavily traveled streets within the jurisdiction of the City of Delray Beach pursuant to
Section 316.008, Fla. Stat.; and
WHEREAS, the City Commission desires to update its noise ordinance in order to better protect its
citizens' right to an environment free from excessive noise in accordance with new case law and studies
including but not limited to the following:
A Line in the Sand Florida Municipalities SLn~ggle to Determine the Line Between Valid Noise
Ordinances And Unconstitutional Restrictions An analysis prepared by Paula P. Bentley. Stetrow Laws
Review; 2006.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
'on 1. That Tide 3, "Administration", Chapter 37, "Delray Beach Code Enforcement", of the
Code of Ordinances of the City of Delray Beach, Florida, Section 37.45, "Supplemental Code Enforcement
Procedures", Subsection (~, "Civil Penalties", shall be amended to read as follows:
NOISE CONTROL
99.03 It shall be unlawful for any person to make,
continue, or cause to be made any noise disturbance $150 $225
99.04 u(1) It shall be unlawful to permit to be played any
radio, musical instrument, phonograph, or other
device used to produce sound for purposes
of entertainment
a. If the noise source is located within an
ORD. N0.45-07
automobile, in or on a public access azea
and can be heard 3~ ~ from the source,
or 100' if the noise source is within a
building $200 $275
b. If the sound violates the decibel level
established by ordinance $200 $275
99.04(2) Loud speakers/Public address systems within a
noise sensitive zone $200 $275
99.04 (A) j14) Violations pertaining to noitie and noitie
prevention standards for motor vehicles
motorcycle. and motor-driven c~clest
_ ,$200-------------8275_
99.05 Sound levels by land use ---- ------------ ---------- $200 -----$275
All other violations of Sec. 99 $150 $225
n 2. That Title 7, "Traffic Code", Chapter 70, "Traffic Regulations", "General Provisions",
of the code of Ordinances of the City of Delray Beach, Florida, Section 70.02, `°Truck and Trailer Prohibition
on Certain Portions of Atlantic Avenue", is hereby amended to read as follows:
Sec. 70.02. TRUCK AND TRAILER AND MOTORCYCLE PROHIBITION ON CERTAIN
PORTIONS OF ATLANTIC AVENUE.
u No trucks or trailers, except such vehicles providing emergenry services or performing
governmental service on behalf of the City, the County, or the State and further excepting armored car
vehicles, shall be permitted at any time on Atlantic Avenue between Swinton Avenue on the west and
southbound U.S. Highway No. 1 (N.E. - S.E. 5`h Avenue) on the east.
(B) No motorrycles except for authorized law enforcement motorrycles shall be permitted
to travel east or west on Adantic Avenue between Swinton Avenue on the west and southbound U S
Highway No. 1 (N.E. - S.E. 5`h Avenue on the east between the hours of 7 a m and 11 p m
ection 3. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.02,
"Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, shall be amended to read as
follows:
Motoryckr. An unenclosed motor vehicle having a saddle for the use of the operator and two (2) or
three (3) wheels in contact with the ground, ' but
excluding a tractor or moped.
Noiae Disturbance. t1~kp Raucous noises ~:
Formatted: Indent: Left: 1.5", First
line: 0.5"
~ebLd: (,~ . Moron v h' les
mud and nucous9
anises .
Dele0ad:. .
t181EGEd: (~ . Mntomrtes mak;no~ir"~d
and raucoasl --
. .noises . . f200 . .5275!
. . (S) - Muf~le~sm 4M? ~d 1 ~
raucous noises .5200 f275¶
.. . f~ . Itanid throttle
ORD. N0.45-07
Perron. Any individual, association, partnership or corporation, and includes any officer,
employee, department, agenry or instrumentality of a State or any political subdivision of a State.
Person shall be additionally cone ,P[l r., ,,,Pan reaso able persons of ordfnazy sensibilities.
1Zaurnur Noise A term which shall mean any sound which because of its volume level duration.
character. and time of day annoys, disturbs srj ,LPS, or endangers the comfort health peace or safety of
reasonable persons of ordinary sensibilities withi*, the limits of the City,
Section 4. That Title 9, "General Regtations", Chapter 99, "Noise Control", Section 99.04, Loud
and Unnecessary Noises Enumerated; Exemptions", Subsection (A), "Certain Acts Declared Unlawful", (1)(a)
of the Code of Ordinances of the City of Delray Beach, shall be amended to read as follows:
(A)(1) (a) Violation will occur if the noise source is located within an automobile, in or
upon a public street, highway, building, sidewalk, park, thoroughfare or other
public azea, or is located in or upon a public access azea, such as a shopping mall,
pazking lot or the like, or on any private property, and the sound can be heard
more than ~) twenty-fiv~(251 feet from its source or, if the noise source is
in a building or other 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.
Section 5. That Title 9, "General Regulations", Chapter 99, "Noise Control", Section 99.04, "Loud
and Unnecessary Noises Enumerated; Exemptions", Subsection (A), "Certain Acts Declared Unlawful", (14),
"Motor Vehicles Operating on a Public Right-of-Way", of the Code of Ordinances of the City of Delray Beach,
shall be amended to read as follows:
Sec. 99.04. LOUD AND RAUCOUS NOISES ENUMERATED;
EXEMPTIONS.
(A)(14) ~a) Motor I/ihicks Operating on a PuGlic Btght-oJ-Way. Motor vehicles on a Public Right-
of-Way are regulated as set forth in the Florida Motor Vehicle Noise Prevention
and Control Act of 1974, as set forth in F.S. Sections 316.272 and 316.293, as
currently exists or as may hereafter be amended;
(t 1 Motorrvckr Al motorcycles manufa.-r„rP~ after T)PrPmber 31, 1982 shall be
gq~rg as required by the Federai_ Fr3vironmental Protection Aged ("EPA")
~i~e emissions regulations 40CFR205 ga_rrc D&E pursuant to the Noise
Control Act (`NCA'~ of 1972 to include• (1) labeled exhaust s tvs ems free of
defects or modifications that state they mPPr federal noise emissions standazds,
ir~~ccordance to the maximum dBA levels for the model yeazs listed below and
(2) all other related equipment to include chaise mounted Labels (as a means to
ORD. N0.45-07
facilitate vehicle and exhaust system applicability,, and other integral exhaust
system components Nothing in this section shall prevent the installation of U S
EPA approved low noise emission mufflers onto these motorcycles.
1. Maximum U.S. EPA noise emission muffler ratings for highway use
motorcycles manufactured:
After 1982 and before 1985: 83dBA
b. After 1985 to present. 80dBA
jcL Mu,~7era. Every motor vehicle motorcycle and motor-driven cycle muffler that
fails to limit ,~oud _ and__unreasonably. _ excessive or raucous noise shall be ___--- [leleted: cceues
-- - - --------
- ------------------------------------------
prohibited.
(d)_Ra~rd Thmnk Adt:ance. Rapid throttle advance (revving) of an internal
combustion engine of a motor vehicle_ motorcycle. or motor-driven cycle
resuldng_in increased noise from the engine.
' n G. 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.
coon 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 8. 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
.2007.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
ORD. N0.45-07
/`TC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: DOUGLAS SMITH, ASSISTANT CITY MANAGER
THROUGH: CITY MANAGER~~
DATE: OCTOBER 4, 2007
SUBJECT: AGENDA ITEM # -WORKSHOP MEETING OF OCTOBER 9, 2007
BUDGET TASK FORGE MEMBERSHIP QUALIFICATIONS &
ORGANIZATIONAL CRITERIA
ITEM BEFORE COMMISSION
The item before the City Commission is a discussion regarding the membership qualifications and
organizational criteria for the Budget Task Force.
BACKGROUND
As a follow up to the September 11 workshop meeting, staff reviewed the type of qualifications that
would be advisable to include on the Budget Task Force. A list of potential qualifications to seek is
included below along with a list of potential organizational criteria for forming the task force.
Budget Task Force Organizational Criteria:
• A Nine Member Group or a Seven Member Group with two alternates
• The Task Force should sunset after six months
• Members shall be residents of or own property in the City, own a business within the City, or be an
officer, Director or manager of a business located within the City.
Suggested Qualifications to Seek:
• Certified Public Accountant
• Certified Financial Planner
• Investment Advisor
• Insurance Professional (maybe property/casualty or health)
• Business Owner/Manager
• MBA or MPA degrees
• And other individuals deemed by the City Commission to sufficient knowledge, experience,
judgment or background necessary to serve on the Task Force
The list of possible areas for the task force to review that was provided previously is attached for
your reference.
RECOMMENDATION
Staff requests Commission direction regarding the membership qualifications and organizational
criteria for the Budget Task Force.
WS b
BUDGET TASK FORCE
POSSIBLE AREAS OF CONSIDERATION
Salaries and Fringe Benefits (58.5% of total budget)
• Identify and prioritize services and service levels
• Analyze and prioritize overtime payments
• Review pension plans
1. Review plan expenses
2. Alternative retirement plan benefits
3. Alternative retirement plans
4. City vs. employee contribution
• Review group health plan
5. Alternative health insurance plan benefits
6. Alternative health plans
7. City vs. employee contribution
Oaerating Ezaensea (18.5'/0 of total budget)
• Review and evaluate use of "Other Professional Services"
($771,970)
• Review and evaluate use of "Other Contractual Services"
($1,589,460)
• Review "Portable PhoneJBeeper" expense (5229,560)
• Review vehicle assignment and utilization
• Review "Travel & Training" casts ($214,080)
• Review "Training and Education" costs ($358,070)
Debt Service Ezuenses (53% of total budget)
• Review and evaluate debt policies
Capital Outlay (0.9% of total budget)
• Review and evahrate capital outlay policies
Grants to Other Entities (10.6'70 of total budget)
• Review'Transfer to Community Redevelopment Agency" ($8,788,390)
• Review '"Transfer to Library" ($1,530,000)
• Review other "Grants and Aids"
Transfers to Other Funds (6.2%)
• Review "Transfer to Beautification Trust" ($866,000)
• Review "Transfer to General Construction" {$2,535,240)
1. Policies regarding annual transfer required
2. Maintenance vs. capital projects
• Review policy on reserves
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: DOUGLAS SMITH, ASSISTANT CITY MANAGER..
THROUGH: CITY MANAGER ~~~
DATE: OCTOBER 4, 2007
SUBJECT: AGENDA ITEM # -WORKSHOP MEETING OF OCTOBER 92007
DISCUSSION REGARDING REFORTS TO THE CITY COMMISSION
I~'EM BEFORE COMMISSION
The item before the City Commission is a discussion regarding reports to the City Commission.
BACKGROUND
Staff has been preparing a number of status reports for the City Commission. These reports are
based on requests from past Commissioners. Our reporting formats have not been discussed
comprehensively with the current City Commission. Staff has been preparing status reports on
progress on the City Commissions Goals (the Short-term Performance Plan Report -sample page
attached), Capital Projects Status Reports (sample page attached), monthly financial reports, and an
executive summary of Police Department reports. Staff has prepared samples of alternative
reporting formats for the reports on goals and capital projects.
Goals Progress Reports -The monthly Short-term Performance Plan Reports that staff has been
producing have been very lengthy at times and have not included references to the overall goals.
Attached are two samples of alternative reporting on the Goals and Actions included in the new
Strategic Plan document prepazed by Lyle Sumek. Option 1 groups activities by Top Priority
Actions, High Priority Actions, and Major Projects with a column referencing the applicable overall
goal. Option 2 organizes the report by the Overall Goal and then includes the Policy Actions,
Management Actions, and Major Projects under that Goal.
Capital Reports -Attached is a sample page for a possible new format for a Capital Projects
Report. The previous report listed information for various capital reports in a table format. The
new report could include detailed information for a project on an individual page (such as the
attached sample). The report could also include summary information on the overall status of the
various capital funds.
RECOMMENDATION
Staff requests Commission direction regazding the reporting format for Capital Projects and Goals
Progress Reports as well as direction on the finance and police department reports and any others
the Commission might like to see (or not see).
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CAPITAL REPORT SAMPLE
Project Title:
Fund:
Department:
Project Number: Delray Swim & Tennis Parking Lot
117 Recreation Impact Fee
Environmental Services
TBD
Pro ect escri tion: Pro ect Location:
Delray Swim and Tennis Parking Lot Improvements to
include installation of drainage, landscaping and
~
resurfacing of the east parking lot r'"' r
M>
w
esi n ime ne
Start Complete v
Scheduled TBD TBD
Actual TBD TBD
,
°
Constriction imeliwe
_,
Start Complete ~ ..
Scheduled TBD TBD ;~~R -~"~ _ _
Actual TBD TBD .,•
Statas/Comments: r i.
~ ~~
PP~~ s
Cs #ai`Bva etSamm FY2007-os 1~1'ZOOS-o9 Fv2oo9-lu FY2010-11 FY2o11-12 Total
Projected Costs
Construction/Bui]ding/Other Improvements
70, t 00
0
0
0
0
70,100
TOTAL PROJECTED COST 70,100 0 0 0 0 70,100
Projected Revenues
Cash ("Pay as you go")
Recreation Impact Fee Fund
70,100
0
0
0
0
70,100
TOTAL PROJECTED REVENUES 70,1011 0 0 0 0 70,100
Prn,~ec~ ~~~~ S~n1~&~ Design Construction Comments
Contract Contract
Original Contract $x $x
Chan a Order(s)
Contract Addition(s)
TOTAL CONTRACT x x
EXPENDED TO DATE x x