Agenda Reg 09-23-03
City of Delray Beach
Regular Commission Meeting
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RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
Tuesday. September 23. and the right to limit discussion rests with the Commission. Generally, remarks
2!!!lJ by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated,
Regular Meeting 6:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this
Public Hearings 7:00 p.m. section.
Commission Chambers
Deiray Beach City Hall B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243-
Fax: (561) 243-3774 7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetine-s in the Commission Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
. September 9, 2003 - Regular Meeting
6. PROCLAMATIONS:
A. Recognizing and Commending Nathaniel Tucker
B. Recognizing and Commending Jerry Cheeseman
e. Recognizing and Commending the East Boynton Beach Little League
D. Walk Our Children to School Day - October 8, 2003
E. Breast Cancer Awareness Month - October 2003
F. Order of the Sons of Italy in America Week - October 2003
G. National Business Women's Week - October 19-24,2003
7. PRESENTATIONS:
A. "Spotlight on Education" - Dr. Ian Saltzman, Principal of Carver Middle School and
Ian Plosker, President of the Delray Beach Youth Council
8. CONSENT AGENDA: City Manager Recommends Approval.
A. RESOLUTION NO. 67-03 (GRANT APPLICATION TO STATE OF
FLORIDA): Authorize the Delray Beach Public Library staff to submit an operating
grant application direcrly to the State of Florida to obtain operating funds for operations
and maintenance of the library.
B. RESOLUTION NO. 6S-03/PUBLIC ARTS IMPLEMENTATION
COMMITTEE: Approve Resolution No. 68-03 extending the term of the Public Arts
Implementation Committee until March 31, 2004.
e. CHANGE ORDER NO. 1/FINAL PAYMENT /HARDRIVES. INC.: Approve
Change Order No.1 in the amount of a $3,770.00 decrease, and final payment in the
amount of $10,577.50 to Hardrives, Inc. for the Cemetery Expansion Project. Funding
IS available from 334-6111-519-63.90 (General Construction Fund/Other
Improvements).
09-23-2003
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D. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $15,500.00 to allow the applicant to secure new
financing.
E. EXTENSION OF PAYMENT/AUBURN TRACE: Approve a request from
Auburn Trace for a revised payment schedule over the next four (4) months onlY in the
amount of $10,886.75 per month and authorize the City Attorney to draft an
amendment to the existing agreements between the City and Auburn Trace stipulating
these new terms.
F. EXTENSION OF PAYMENT /FLORIDA TELEPORT: Approve a payment
extension request from Florida Teleport due to Department of Environmental
Protection (DEP) permitting issues.
G. AMENDMENT TO SUB-RECIPIENT FUNDING AGREEMENT /CARVER
ESTATES YOUTH PROGRAM: Approve an amendment to the funding agreement
between the City of Delray Beach and the Carver Estates Youth Program that provides
for an additional funding allotment of $12,789.00 as approved by the Department of
Justice, Executive Office of Weed & Seed, and Housing & Urban Development (HUD)
Supplemental Grant. Funding is available from 115-2125-521-83.01 (Weed and Seed
Grants/Other Grants/Aid).
H. SPECIAL EVENT REQUEST/ART & JAZZ QN THE AVENUE: Approve and
endorse the Art & Jazz on the Avenue scheduled for October 16, 2003 from 6:00 p.m.
to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure
of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic
Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from
Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E.
2nd Street, and authorize staff support for security and traffic control, banner hanging
and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of
City stages.
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 8, 2003 through September 19, 2003.
J. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Gator Landscaping, Inc. at an estimated annual cost of $30,830.00
for the landscape maintenance of Homewood Boulevard/Linton Boulevard and
three (3) medians on Military Trail. Funding is available from 119-4144-572-
46.40 (Beautification Trust Fund/Maintenance).
2. Purchase award to Team Equipment, Inc. in the amount of $12,948.54 for the
purchase of hydraulic rescue equipment to be used by the Fire Department.
Funding 1S available from 115-2311-522-64.90 (General Construction
Fund/Other Machinery/Equipment).
09-23-2003
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3. Purchase award to CompUSA in the total amount of $20,099.00 via State
Contract #250-000-03-1 for the purchase of two (2) replacement servers for the
MIS Department. Funding is available from 334-6112-519-64.11 (General
Construction Fund/Computer Equipment).
4. Purchase award to Dave Holbrook Distributor, Inc. in the total amount of
$23,606.00 via State Contract #600-760-00-1 for the purchase of a Hasler
MagiSert M6000E Folding and Inserting System for the Utilities Division. The
total amount includes all components, delivery, set-up, training, support and a
one (1) year maintenance agreement. Funding is available from 441-5112-536-
46.20 (Equipment Maintenance), 441-5112-536-64.10 (Office
Furniture/Fixtures), and 441-5112-536-64.12 (Office Equipment).
9. REGULAR AGENDA:
A. RECONSIDERATION OF THE APPEAL OF SITE PLAN REVIEW AND
APPEARANCE BOARD DECISION/IRONWOOD PROPERTIES. INC.:
The applicant is requesting a reconsideration of the City Commission's denial of the
appeal of a decision of the Site Plan Review and Appearance Board's action regarding a
tot lot for Mallory Square, located on the south side of S.E. 3'" Street, between S.E. 5'"
Avenue and S.B. 6'" Avenue. Requires a motion for reconsideration from a
Commissioner who voted against approvaL
B. CONSENT TO ASSIGNMENT/WASTE MANAGEMENT. INC.: Consider
approval of the Consent to Assignment with Waste Management, Inc. which will
acquire the Browning Ferris Industries, Inc. (BFI) solid waste franchise agreement with
the City and approve a five (5) year extension to the term of the agreement.
1. AMENDMENT NO.l/S0LID WASTE FRANCHISE AGREEMENT:
Consider approval of Amendment No. 1 to the Solid Waste Franchise
Agreement between the City and Waste Management, Inc. providing for an
extension of the term of the agreement until September 30, 2008 with one five
(5) year renewal, indemnity for the City, and additional language to the
agreement.
C. GRANTING OF HISTORIC FACADE ARCHITECTURAL CONTROL AND
REDEVELOPMENT EASEMENT: Consider approval of a historic facade
easement to the Community Redevelopment Agency (CRA) in exchange for the CRA
granting to the Delray Beach Historical Society $50,000.00 for the renovation of the
1925 Bungalow.
1. AMENDED AND RESTATED LEASE AGREEMENT /CASON
COTTAGE: Consider approval of the amended and restated lease agreement
for Cason Cottage and the 1925 Historic Bungalow between the City and the
Delray Beach Historical Society to incorporate the Historic Facade Architectutal
Control and Redevelopment Easement conditions and requirements.
09-23-2003
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D. CONTRACT AWARD/ARTHUR ]. GALLAGHER: Consider approval of a
contract award to various insurance companies as negotiated by our broker, Arthur J.
Gallagher, for the City's Property and Casualty Insurance Policies effective October 1,
2003 at the annual premium of $1 ,267,295.00.
E. REOUEST TO REDUCE LIENS/ALAN KLASFELD: Consider a request from
Mr. Alan Klasfeld to waive the interest and administrative fees totaling $3,405.51
assessed for abating nuisances on property located at 204 N.W. 13'h Avenue. Mr.
Klasfeld is prepared to pay the City's out-of-pocket expenses in the amount of
$2,685.75. Staff recommends approval.
F. USE OF CITY LOGO/GABRIEL. ROEDER. SMITH & COMPANY: Consider
a request from Gabriel, Roeder, Smith and Company for the use of the City's logo on
their web page.
G. SPECIAL EVENT REOUEST /OLD SCHOOL SOUARE CONCERT
SERIES: Consider approval of a special event request for the Concert Series
sponsored by Old School Square to be held at the pavilion on December 12, 2003,
January 30, 2004, February 27, 2004, March 12, 2004, April 9, 2004, and May 7, 2004
from 7:00 p.m. until 11:00 p.m., granting a temporary use permit per LDR Section
2.4.6(H) for the closure of a portion of N .E. 1" A venue north of the grass area, and to
authorize staff support for traffic control, security, and signage; contingent upon
sponsor providing a certificate of insurance, liquor liability insurance, and a hold
harmless agreement.
H. DELRAY BEACH PUBLIC LIBRARY /BOND REFERENDUM REOUEST:
Consider a request from the Delray Beach Public library Association, Inc. to include an
additional $1 million in the proposed Parks Bond Referendum for the purchase of
library books and equipment for the new library.
L REIMBURSEMENT AGREEMENT /VILLAGE FOUNDATION: Consider
approval of a reimbursement agreement between the City and MAD DADS of Greater
Delray Beach, Inc. d/b/a Village Foundation authorizing a temporary loan in the
amount of $43,455.00 for the purchase of a 29 seat bus for various program activities.
J. CITY ATTORNEY EVALUATION.
K. CITY MANAGER EVALUATION.
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 62-03 (MIl.T AGE LEVV): A resolution levying a tax on all
properties within the City of Delray Beach for operation and maintenance, and for
payment of principal and interest on bonded indebtedness for FY 2004.
B. RESOLUTION NO. 63-03 (MILLAGE LEVY /DDA):A resolution levying a tax
on all properties within the Downtown Development Authority Taxing District of the
City of Delray Beach for FY 2004.
09-23-2003
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C. RESOLUTION NO. 64-03 (FY 2004 BUDGET ADOPTION): A resolution
making appropriations of sums of money for all necessary expenditures of the City of
Delray Beach for the period October 1, 2003 through September 30, 2004.
1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year
Capital Improvement Plan and FY 2004 Capital Improvement Budget are
consistent with the Comprehensive Plan, and approve same.
D. ORDINANCE NO. 28-03: Privately initiated Future Land Use Map (FLUM)
Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community
Facilities- Churches) for a 4.13 acre parcel of land and rezoning from R-l-AA (Single
Family Residential) to CF (Community Facilities) for a 0.795 acre parcel of land, located
on the north side of N.E. 6'h Street between N.E. 8'h Avenue and Palm Trail for St.
Vincent Ferrer's Church. (Quasi-Judicial Hearing)
E. ORDINANCE NO. 30-03: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and
bulk waste collection service rates by 2.2% for FY 2004.
F. ORDINANCE NO. 31-03: An ordinance amending Chapter 53, "Sanitary Sewers",
of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale
Sewer Rates; Calculation of Sewer Surcharge", to provide for an increase of 9 cents per
1 ,000 gallons for treatment costs.
G. ORDINANCE NO. 35-03: An ordinance amending Chapter 117, "Landlord
Permits", of the City Code of Ordinances by amending Section 117.02, "Permit Fees"
to provide for a $15.00 increase in landlord permit fees.
H. RESOLUTION NO. 66-03: Consider approval of Resolution No. 66-03 authorizing
the City to sell property located on the comer of Wallace Drive and S.W. 10th Avenue
and Contract for Sale and Purchase between the City and J. David Roof, William H.
Roof and Linda M. Roof in the amount of $10,000.00.
L ORDINANCE NO. 36-03: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to
increase the contribution requirement for general employees from zero to 2% of their
basic compensation.
J. ORDINANCE NO. 29-03: An ordinance adopting and enacting a new City Code of
Ordinances as reprinted and codified by the Municipal Code Corporation.
09-23-2003
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11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 39-03: An ordinance amending Chapter 101, "Parks, Beaches
and Recreation" of the City Code of Ordinances by amending Sections 101.15, 101.24
and 101.34 to prohibit the use of powered paragliders, as well as hang-gliders and kite
boards within three hundred feet of a municipal beach site. If passed, a public hearing
will be scheduled for October 7, 2003.
B. ORDINANCE NO. 37-03: An ordinance amending the Land Development
Regulations, Section 4.3.3(S), "Telecommunication Towers and Antennas", to reflect
recent state law changes. If passed, a public hearing will be scheduled for October 7,
2003.
C. ORDINANCE NO. 34-03: An ordinance enacting Chapter 73, "Vehicle
Impoundment", to the City Code of Ordinances to provide for administrative penalties
for vehicle impoundment. If passed, a public hearing will be scheduled for October 7,
2003.
D. ORDINANCE NO. 33-03: An ordinance amending Chapter 71, "Parking
Regulations" of the City Code of Ordinances by repealing Sections 71.070 - 71.073 and
enacting new Sections 73.15 - 73.18, to provide clarification for the impoundment of
unattended! abandoned vehicles. If passed, a public hearing will be scheduled for
October 7, 2003.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: SEPTEMBER 19, 2003
09-23-2003
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CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
REGULAR MEETING - TUESDAY. SEPTEMBER 23. 2003
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9. REGULAR AGENDA:
L. COUNTY-WIDE LEVEL OF SERVICE FOR FlRE/RESCUE: Consider
approval of a proposed agreement for coordinated opposition to Palm Beach County's
proposed ordinance mandating county-wide fire/rescue and dispatch service standards.
*********************************************************************************
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.
City of Delray Beach
Memo
To: City Commission
From: David Harden !'Jt1
cc:
Date: September 22, 2003
Re: County-wide Level of Service for Fire/Rescue
At this time the County Commission is continuing to move toward holding a referendum on a
charter amendment which they believe would give them the authority to set the level of
service for Fire/Rescue Services throughout the county, including inside cities. The League
of Cities is working very hard to persuade the county commissioners to not schedule this
issue for a referendum, but instead to work cooperatively with the cities to solve issues or
problems the county believes exist.
The managers of the largest cities in the county have met several times to discuss how to
best deal with this issue. We certainly fully support what the League of Cities is attempting to
do. Working together cooperatively is by far the preferred approach to resolving any
outstanding issues. Should that effort fail, however, and the County Commission move
forward with a referendum, we believe we need to be prepared to challenge the referendum
question in court.
The attached agreement sets up a cooperative arrangement for a legal challenge to what the
county is attempting to do, It has been approved by Boca Raton and Boynton Beach. We
understand that West Palm Beach, Palm Beach and Lake Worth have also expressed
interest.
Recommendation: I recommend that the Commission approve the proposed agreement for
coordinated opposition to Palm Beach County's proposed ordinance mandating county-wide
fire/rescue and dispatch service standards.
1
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.!!!i1ese, Cathy
From: Ruby, Susan
Sent: Monday, September 22,200312:23 PM
To: Inglese, Cathy
Subject: FW; Level of Service Agreement - Amended
~
03-1110,draft.2.doc
(24KB)
Pleasesend to david h thanks sr
-----Original Message-----
From: Lynne, Jeffrey
Sent: Mon Sep 22 11:05:23 2003
To: James Cherof (E-mail) ; Joni Hamilton (E-mail) ; Susan Ruby (E-mail)
Cc: Jamie Cole (E-mail) ; Ahnell, Leif; Grioli, Debbie
Subject: Level of Service Agreement - Amended
Attached please find the current proposed version of the Fire Rescue Level of Service
agreement, which further amends Paragraph 1.1. The added language was suggested by Delray
Beach City Attorney Susan Ruby. As we are in the process of finalizing the agreement,
please provide us with any further comments by no later than tomorrow afternoon, September
23, 2003. In the interim, please feel free to contact us with any questions or concerns.
<<03-1110.draft.2.doc>>
Jeffrey Lynne
Assistant City Attorney
City of Boca Raton
(561) 393-7716
jlynne@ci.boca-raton.fl.us
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I
AGREEMENT
Between
CITY OF BOCA RATON
and
CITY OF
COORDINATED OPPOSITION TO PALM BEACH COUNTY'S PROPOSED
ORDINANCE MANDATING COUNTY-WIDE FIRE RESCUE AND DISPATCH
SERVICES
This is an Agreement made and entered into by and between the CITY OF BOCA
RATON, a municipal corporation located in Palm Beach County, Florida, and organized
and existing under the laws of the State of Florida ("Boca Raton").
AND
CITY OF , a municipal corporation located in Palm Beach County,
Florida, and organized and existing under the laws of the State of Florida ("... "). All
municipalities within Palm Beach County entering into agreements with Boca Raton to
oppose the Proposed Ordinance (as defined below) shall be collectively referred to as the
"Opposing Cities" and each shall be referred to as "Opposing City."
WITNESSETH:
WHEREAS, the enactment by Palm Beach County of a proposed ordinance
mandating county-wide fire rescue and dispatch services (the "Proposed Ordinance")
may have significant adverse impacts on each Opposing City, including increased costs
and decreased services;
WHEREAS, it is of mutual benefit to the residents of the Opposing Cities to
coordinate their efforts to prevent the enactment of the Proposed Ordinance;
NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payment hereinafter set forth, the Opposing City agrees as follows:
1.1 Boca Raton is hereby designated the Opposing Cities' "Lead Agency" and shall,
after notice and consultation with the other Opposing Cities as set forth below, make all
strategic decisions regarding the opposition to the Proposed Ordinance, shall serve as
liaison to the Firm (as defined below) and shall keep the Opposing Cities informed as to
the status of the Opposing Cities' efforts to defeat the Proposed Ordinance. To the extent
reasonably practicable, Boca Raton will communicate with the City Managers of each of
the Opposing Cities regarding any strategic operational decisions at least five days before
implementing the decision to allow the City Managers time to provide input to Boca
Raton. In addition, to the extent reasonably practicable, the Firm will communicate to
the City Attorneys of each of the Opposing Cities drafts of all complaints, dispositive
motions and other important Court filings at least two days before filing such documents
with the Court to allow the City Attorneys time to provide input and comments to the
Firm. Notwithstanding the foregoing, the opposing cities shall have the right to approve,
prior to filing, the causes of action and the factual support thereof, in the initial complaint
and anv amendments thereof. In addition, Boca Raton will schedule regular meetings of
the City Managers of the Opposing Cities to provide a status report regarding the effort to
oppose the Proposed Ordinance and to discuss strategy.
1.2 The law firm of Weiss Serota Helfman Pastoriza Guedes Cole & Boniske, P.A.
(the "Firm") shall represent the Opposing Cities, pursuant to its agreement with the Lead
Agency, and shall hire all necessary consultants and lobbyists (subject to approval by the
Lead Agency) to accomplish the goals set forth above (the "Representation").
1.3 The Opposing City has agreed to share the costs of the Representation with the
Opposing Cities on a pro rata basis, based upon each Opposing City's population.
1.4 The costs of the Representation include attorneys' fees, consultant fees, lobbyist
fees and out of pocket expenses, including costs incurred prior to the date hereof
(collectively, the "Expenses").
L5 The Firm's invoices shall be submitted to, and paid by, the Lead Agency on a
monthly basis. The Lead Agency shall send each Opposing City an invoice for its
respective share of the Expenses not more frequently than on a monthly basis.
1.6 This Agreement may be terminated by either party, upon a sixty (60) day written
notice given by the terminating party to the other party; however, in the event the
Opposing City terminates this Agreement, then the Opposing City shall remain
responsible for its pro rata portion of the Expenses incurred through the effective date of
the termination.
1.7 The Opposing City acknowledges and consents to the participation of local
municipalities in this coordinated opposition to Palm Beach County's Proposed
Ordinance and understands that the municipalities participating as Opposing Cities may
vary from time to time.
IN WITNESS HEREOF, the parties hereto have made and executed this
Agreement on respective dates under each signature: CITY OF BOCA RATON, signing
by and through its Mayor (or other authorized individual), authorized to execute same on
this day of ,2003, and CITY OF , signing by and through its
Mayor (or other authorized individual), duly authorized to execute same.
ATTEST: CITY OF BOCA RATON
By:
Mayor
_ day of ,2003.
Approved as to form by
Office of City Attorney
By:
ATTEST: CITY OF
By:
Mayor
day of ,2003.
Approved as to form by
Office of City Attorney
By:
Q:\AGRI03-11 lO,draft.2,doc
SEPTEMBER 9. 2003
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, September 9, 2003.
1: Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - Commissioner Bob Costin
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Barbara Garito, City Clerk
2. The opening prayer was delivered by Reverend Dan Casselberry with Cason
United Methodist Church.
3. The Pledge of Allegiance to the flag of the United States of America was given.
4. AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 8.R.8., Purchase award to
Scoreboard Enterprises and Item 8.T., Resolution No. 61-03 to the Consent Agenda by
addendum.
Mayor Perlman stated with regard to Item 9.B., Conditional Use
ReQuest/Cottal!e Preschool the applicant has requested a six month extension.
Mayor Perlman stated the applicant has requested Item 9.D., Conditional Use
Request for Excel Restaurant be postponed until October 7,2003.
Mayor Perlman stated the applicant has requested Item 9.F., Appeal of Site Plan
Review and Appearance Board DecisionlBorton Motors be postponed until October 7, 2003.
Mayor Perlman stated the applicant has requested Item 9.H., Special Event
ReQuest/Hoops 4 All be removed from the Agenda.
The City Attorney noted there is a request to move Item 8.A., Final Boundarv
Plat Approval/Ocean City Lofts to the Regular Agenda as Item 9.A.A. In addition, the City
Attorney requested Item 8.Q., MacArthur Grant Renewal be removed from the Consent
Agenda and moved to the Regular Agenda as Item 9.A.A.A.
Mr. Levinson requested that Item 9.1., C. Spencer Pompey Sculpture be moved
up on the Regular Agenda as Item 9.A.A.A.A.
Mrs. Archer moved to approve the Agenda as amended, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson-
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of August
19, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Special Meeting of August
26, 2003, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Recol!nizinl! and Commendinl! the Delrav Beach Ocean Rescue Competition
Team
Mayor Perlman read and presented a proclamation hereby recognizing and
commending the Delray Beach Ocean Rescue Competition Team. The following individuals
came forward to accept proclamations:
. Operations Supervisor Heather lrurzun, - 151 Place Winner
And for superior achievement:
. Ocean Rescue Officer Jo Wagenhals, EMT
. Ocean Rescue Officer Amy Schwarz, EMT
. Ocean Rescue Officer Regis Smeltz, Paramedic - EMT
. Ocean Rescue Officer Shawn Gibson, Paramedic - EMT
. Ocean Rescue Officer Chris Roog, EMT
. Ocean Rescue Officer Nina Mattos, EMT
. Ocean Rescue Officer Justin Capodieci, EMT
6.B. Sickle Cell Awareness Month - September 2003
Mayor Perlman read the Sickle Cell Awareness Month proclamation and noted
this proclamation will be mailed.
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09/09/03
7. PRESENTATIONS:
7.A. "Delrav Beat" - Dr. Neil Fried
Dr. Neil Fried, 5320 Jog Lane, Delray Beach, presented the City of Delray Beach
with a CD in which he wrote the lyrics for the song entitled "Delray Beat".
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.A.
8.B. ACCEPTANCE OF EASEMENT DEED/MALLORY SOUARE: Approve
and accept an easement deed from Mallory Square Delray, Ltd. for the maintenance of a
sidewalk along S.E. 4th Street and S,E. 6th Avenue.
8.C. GRANTING OF UTILITY EASEMENT DEED/FLORIDA POWER AND
LIGHT: Approve a utility easement granting to Florida Power and Light a 10 foot utility
easement over City owned property adjacent to the Florida East Coast Railway, north of S.E. 4th
Street for the Tropical Awning development project.
8.D. RESOLUTION NO. 57-03: Approve Resolution No. 57-03 abandoning Green
Parkway right-of-way, located between Linton Boulevard and Black Olive Boulevard, 900' east
of Homewood Boulevard, reserving an easement for utilities.
The caption of Resolution No. 57-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING GREEN PARKWAY RIGHT-OF-WAY,
LOCATED BETWEEN LINTON BOULEVARD AND BLACK
OLIVE BOULEVARD, APPROXIMATELY 900 FEET EAST
OF HOMEWOOD BOULEVARD, AS MORE P ARTICULARL Y
DESCRIBED HEREIN, BUT RESERVING AND RETAINING
TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE
AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
(The official copy of Resolution No. 57-03 is on file in the City Clerk's office.)
8.D.I. ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and
accept a hold hannless agreement for improvements placed within a utility easement between the
City and the Pines of Delray Homeowners' Association for Green Parkway.
8.E. RESOLUTION NO. 58-03: Approve Resolution No. 58-03 supporting the
Beach Renourishment Project.
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The caption of Resolution No. 58-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING BEACH
RENOURISHMENT PROJECTS IN COASTAL
MUNICIPALITIES IN THE STATE OF FLORIDA AND
AFFIRMING ITS WILLINGNESS AND ABILITY TO
PROVIDE LOCAL MATCH FUNDING.
(The official copy of Resolution No. 58-03 is on file in the City Clerk's office.)
8.F. RESOLUTION NO. 59-03: Approve Resolution No. 59-03 supporting
electronic notice publication.
The caption of Resolution No. 59-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, SUPPORTING GOVERNMENT
USE OF ELECTRONIC NOTICE PUBLICATION OF LEGAL
NOTICES AND DOCUMENTS AND NOTICES OF PUBLIC
MEETINGS; PROVIDING AN EFFECTNE DATE.
(The official copy of Resolution No. 59-03 is on file in the City Clerk's office.)
8.G. RESOLUTION NO. 60-03: Approve Resolution No. 60-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at 3336
Avenue Villandry.
The caption of Resolution No. 60-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE
7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRA Y BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFECTNE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
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. ----..--------------
NOTICE.
(The official copy of Resolution No. 60-03 is on file in the City Clerk's office.)
8.H. SERVICE AUTHORIZATION NO. 17.l/MATHEWS CONSULTING. INC.:
Approve Service Authorization No. 17.1 to Mathews Consulting, Inc. in the amount of
$18,000.00 for the design of intersection improvements at West Atlantic Avenue and N.W. 24th
Avenue. Funding is available from 334-6120-519-31.90 (Other Professional Services),
8.1. SERVICE AUTHORIZATION NO. 11/CH2MHILL. INC.: Approve Service
Authorization No. II to CH2MHILL, Inc. in the amount of $28,784.00 for design and permitting
of the Aquifer Storage and Recovery (ASR) rehabilitation and pump replacement project.
Funding is available from 441-5122-536-31.30 (Engineering! Architectural).
8.J. CHANGE ORDER NO. 1/FINAL PAYMENTIREPUBLIC
CONSTRUCTION AND DEVELOPMENT CORPORATION. INC.: Approve Change
Order No. I in the amount of a $955.36 decrease, and final payment in the amount of $3,991.93
to Republic Construction and Development Corporation, Inc. for the completion of the Beach
Lifeguard Towers Phase 1 project. Funding is available from 334-6112-519-62.14 (General
Construction Fund/Beach Towers)
8.K. PALM BEACH COUNTY INTERLOCAL AGREEMENT: Approve an
interlocal agreement with the Palm Beach County Board of County Commissioners for the
reimbursement of funds to the City in an amount not to exceed $206,000.00 for the Southwest
Area Improvements Phase II Project.
8.L. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
Housing Rehabilitation grant/contract awards through Community Development Division in the
amount of$12,967.50 to Preston Construction (338 N.W. 12th Avenue) and $13,314.00 to South
Florida Construction (244 S.W. 5th Avenue). Funding is available from 118-1924-554-49.19
(SHIP Housing Rehabilitation Grant).
8.M. FY 2004 GOLF RATESILAKEVIEW GOLF COURSE: Approve the
proposed FY 2004 maximum golf rates for the Lakeview Golf Course.
8.N. FY 2004 GOLF RATES/MUNICIPAL GOLF COURSE: Approve the
proposed FY 2004 maximum golf rates for the Municipal Golf Course.
8.0. FY 2004 TENNIS RATESrrENNIS CENTER: Approve the proposed FY
2004 maximum tennis rates for the Tennis Center.
8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period August
18,2003 through September 5,2003.
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~ THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.A.A.
8.R. AWARD OF BIDS AND CONTRACTS:
1:. Purchase award to Don Reid Ford, Inc. in the amount of$48,418.00 via the
Florida Sheriffs Association and Florida Association of Counties Bid for
the purchase of two (2) utility body trucks for the Environmental Services
Department. Funding is available from 441-5143-536-64.20 and 441-
5144-536-64.20 (Automotive).
2. Purchase award to Rayside Truck & Trailer in the amount of $16,330.00
for the purchase of two (2) truck mounted hydraulic hoist for two (2) utility
body trucks. Funding is available from 441-5143-536-64.90 and 441-5144-
536-64.90 (Other Machinery/Equipment).
3. Purchase award to the Cues Corporation in the amount of $46,500.00 for
the purchase of a sanitary sewer main line and lateral camera system for the
Environmental Services Department. Funding is available from 441-5141-
536-64.90 (Other Machinery/Equipment).
4. Purchase award to Sander's Company, Inc. in the amount of$26,175.00 for
the purchase of a dry pit submersible pump for Lift Station 50. Funding is
available from 441-5144-536-64.90 (Other Machinery/Equipment).
5. Purchase award to Nortrax in the amount of$17,195.00 for the purchase of
a hydraulic broom attachment for the Construction Division backhoe
loader. Funding IS available from 441-5145-536-64.90 (Other
Machinery/Equipment).
6. Lease award to Ikon Office Solutions in the total amount of $29,236.68
over a three (3) year term via the Miami-Dade Contract #143-BB05 for the
lease of a Canon Image Runner 105 Digital Copier for the City Clerk
Department. Funding is available from 001-1411-512-44.30 (General
Fund/Equipment).
7. Purchase award to A2000 Network Solutions, Mission Critical Systems,
Inc. and CompUSA in the total amount of $52,242.00 via State Contracts
#250-000-03 and #250-000-03-1 for an intrusion detection system for the
MIS Department. Funding is available from 334-6112-519-66.10 (General
Renewal & Replacement Fund) and various line items in MIS budget (001-
1811-513).
8. Purchase award to Scoreboard Enterprises in the amount of $18,980.00 for
scoreboards for Miller Park. Funding is available from 115-4910-572-
64.90 (Other Machinery/Equipment).
8.S. PERMIT AND HOLD HARMLESS AGREEMENT/GARY AND ALLISON
ELIOPOULOS: Approve a permit and hold harmless agreement between the City and Gary &
Allison Eliopoulos regarding the moving of the Amelung House along public rights-of-way and
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09/09/03
the repair and/or replacement of landscaping, signs, and curbs.
S.T. RESOLUTION NO. 61-03: Approve Resolution No. 61-03 supporting the
kindergarten through eighth grade expansion ofthe Village Academy SchooL
The caption of Resolution No. 61-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, SUPPORTING A
KINDERGARTEN THROUGH EIGHTH GRADE PROGRAM
AT THE VILLAGE ACADEMY WHICH IS A DEREGULATED
PUBLIC SCHOOL WITH COMMUNITY BASED SUPPORT
LOCATED IN THE CITY OF DELRA Y BEACH.
(The official copy of Resolution No. 61-03 is on file in the City Clerk's office.)
Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A.A. FINAL BOUNDARY PLAT APPROVAL/OCEAN CITY LOFTS: Approve
the boundary plat for Ocean City Lofts, located at the southeast corner of N.E. 2nd Street and
N.E. 4th Avenue and on the west side ofN.E. 4th Avenue, 100 feet south ofN.E. 2nd Street.
Mr. Levinson declared a Conflict of Interest with this item.
Mrs. Archer moved to approve the final boundary plat for Ocean City Lofts,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
9.A.A.A. MACARTHUR GRANT RENEWAL: Approve and ratify the renewal of the
MacArthur Foundation grant in the amount of $150,000.00 for a two (2) year period in support
ofthe NW/SW Management Team.
Mr. Levinson stated he would like to approve the $150,000.00 and ask staff to
review the allocation of dollars to see if there is a way to put in some action items that will
impact a development(s) in the area.
Prior to the vote, Mayor Perlman asked Ms. Butler if there is flexibility with the
grant. In response, Ms. Butler stated there is flexibility from the Foundation's purview and it is
up to the City to make the request.
Ms. McCarthy moved to approve and ratify the renewal of the MacArthur
Foundation grant in the amount of $150,000.00 for a two (2) year period in support of the
NW/SW Management Team, seconded by Mrs. Archer, Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor PerIman - Yes; Mrs. Archer - Yes.
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09/09/03
Said motion passed with a 4 to 0 vote.
9.A.A.A.A. C. SPENCER POMPEY SCULPTURE: Consider a request for the C. Spencer
Pompey Bust to be permanently displayed in the City Hall Lobby.
Lula Butler, Director of Community Improvement, stated a volunteer committee
was established in 2001 to authorize and provide fundraising for a C. Spencer Pompey bust
commemorating his life and contributions to the City of Delray Beach. Mrs. Butler stated the
fundraising is complete and noted this project began before Mr. Pompey passed away. The
committee considered the most appropriate place to display the bust is in the City Hall lobby.
Mrs. Butler stated staff expects the delivery of the bust by the end of this month and the
committee wishes to have an unveiling of the bust during the month of October which is also
Heritage Month.
Mr. Levinson moved to approve and authorize staff to display an artist's work in
the form of a life size bust of C. Spencer Pompey to be permanently displayed in the City Hall
lobby, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to 0 vote.
9.A. DELRAY BEACH MARINA RATES: Consider approval of a proposed rate
increase to forty-five cents per foot per day for use ofthe municipal marina facilities.
Joe Weldon, Director of Parks and Recreation, stated staff recommends increasing
the marina rates from thirty cents per foot per day to forty-five cents per foot per day. Mr.
Weldon stated staff conducted a survey of public and private marinas and there is only one
public and one private marina that have lower rates than the City of Delray Beach. Mr. Weldon
stated the marina rates have not been raised since December 1990. Mr. Weldon stated at forty-
five cents per day the City of Delray Beach is still one of the lowest marinas in the area.
Jan Maler, 159 Marine Way #17, Delray Beach, spoke strongly opposing the
increase to the marina rates until major repairs are made to the docks.
Prior to the vote, Mayor Perlman stated the marina rates have not been raised
since 1990 and he feels this is a reasonable increase.
Ms. McCarthy commented that this property is owned by the City and she asked
staff if there is a way to modify the policy and inspect the docks regularly. Ms. McCarthy stated
if things are happening which are creating potential hazards to citizens on these docks, she feels
we should probably trouble shoot them versus waiting to respond if someone just calls. Mr.
Weldon stated one of the responsibilities of the Assistant Director of Parks and Recreation is that
he inspects the marina Monday through Friday.
Mr. Levinson moved to approve the marina rate increase to forty-five cents per
foot per day and also maintain the security deposits for any existing dock holders at the current
rate; and, that it be effective October 1st on the new license agreement to give people the
opportunity to make a decision and secure other dockage prior to the season when they will need
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09/09/03
to move to another dock if they so choose, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.8. CONDITIONAL USE REOUEST/COTTAGE PRESCHOOL: Consider a
request for conditional use approval to allow the establishment of a child care facility within the
RM (Multiple Family Residential-Medium Density) zoning district for the Cottage Preschool, to
be located at the northeast comer of south Swinton Avenue and S.B. 3rd Street. (Quasi-Judicial
Hearing)
The applicant has requested a six month extension with regard to this item.
9.C. CONDITIONAL USE REOUEST/SAFE AND SECURE: Consider a request
for conditional use approval to allow the establishment of a self storage facility and a wholesale
storage facility for Safe and Secure, located on the west side of North Federal Highway,
approximately 890 feet south of Gulfstream Boulevard. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures for
conducting a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearing
items held this evening.
Mayor Perlman asked the Commission to disclose any ex parte communications.
Mrs. Archer stated she had a brief discussion with Mr. Weiner this morning. Mayor Perlman
stated he too spoke to Mr. Weiner as well as Ms. McCarthy and Mr. Levinson.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2003-301 into the record.
Paul Dorling, Director of Planning and Zoning, stated on April 15, 2003, the City
Commission approved an amendment to the Land Development Regulations to add "Self Service
Storage Facilities" as a conditional use in the GC (General Commercial - North Federal
Highway Overlay District) along with specific development requirements. Two conditional use
applications have been submitted for the subject property. The first is to establish a self service
storage facility. The second application is to establish a wholesale storage facility along the west
side of the building that also maintains commercial floor area along Federal Highway for the
retail sale of goods.
At its meeting of August 18,2003, the Planning and Zoning Board held a public
hearing in conjunction with the Conditional Use request and no one from the public spoke. After
discussing the proposal, the Board voted to recommend approval (5-1, Borchardt dissenting) of
the self service storage facility and wholesale storage facility subject to the conditions as listed in
the Planning and Zoning Staff Report on Pages 14-15 with the exception of condition #7 that a
minimum of 50% of the eastern building frontage comply with the required building setback
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along Federal Highway and that it be consistent with the North Federal Highway Plan. This
condition was recommended by the CRA and City staff to meet the intent of the North Federal
Highway Redevelopment Plan, which calls for the majority of the buildings to be brought to the
street with a maximum setback of 15 feet.
Michael Weiner, Attorney, representing the owner, Tri-Ed Properties, LLC, and
the applicant, The Pugliese Company, stated what is being considered this evening is two
conditional use requests; one to allow for a self-storage facility and the other to allow for a
wholesale storage facility to be housed in the building. Mr. Weiner stated the building will also
have some retail as well as wholesale uses and the wholesale storage facility will be operated in
connection with the retail uses as required under the Code. Mr. Weiner stated the Federal
Highway Corridor Plan had a number of different studies (November 1996 and March 1999) and
noted that there were actually three rezonings. Mr. Weiner stated the issue this evening is
whether or not the building should be more on the street then it is presently.
Ken Carlson, Architect, described the elevation and stated for the building to
function properly with regard to design, 40% of the building was brought forward to the 15 foot
setback and the balance of the frontage was recessed back to accommodate the proper parking
and pedestrian access to the retail space. Mr. Carlson stated to make the retail space truly
functional and attract people they constructed the parking and offset the frontage of the building.
In summary, Mr. Carlson stated he tried to create a pleasing structure without making it too
overpowering. Mr. Carlson stated he feels this is an asset in meeting the intent of the Code
requirement and the North Federal Highway Plan.
Mayor Perlman stated anyone from the public who would like to address the
Commission regarding the Conditional Use request, to come forward at this time. No one from
the public came forward to speak in favor or in opposition of the Conditional Use request.
Mr. Levinson moved to approve the Conditional Use request to establish a Self
Service Storage Facility and Wholesale Storage Facility for Safe and Secure, based on positive
findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional
Use Findings), and the policies ofthe Comprehensive Plan, subject to the conditions as contained
in the attached Planning and Zoning Staff Report excluding condition #7, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson-
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:00 p.m., the City Commission moved to the duly
advertised Public Hearings portion of the agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 23-03: City initiated Future Land Use Map (FLUM)
Amendment from LD (Low Density Residential 0-5 duJac) to CF-C (Community Facilities-
Churches) and rezoning from R-l-AA (Single Family Residential) to CF (Community Facilities)
for a 0.81 acre portion of the Trinity Lutheran Church Property, located at the northwest corner
of Lake Ida Road and Swinton Avenue. Prior to consideration of passage of this ordinance, a
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09/09/03
public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing)
The caption of Ordinance No. 23-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSNE PLAN FROM LD (LOW DENSITY
RESIDENTIAL 0-5 DU/ AC) TO CF-C (COMMUNITY
FACILITIES-CHURCHES), AND REZONING AND
PLACING LAND PRESENTLY ZONED R-l-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT; SAID LAND BEING A PARCEL
OF LAND LOCATED AT THE NORTHWEST CORNER OF
LAKE IDA ROAD AND SWINTON A VENUE, AS MORE
PARTICULARLY DESCRffiED HEREIN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, APRIL 2003" PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 23-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing and quasi-
judicial hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman asked the Commission to disclose any ex parte communications.
The Commission disclosed that they all received a letter from Janice Wilmoth.
The City Attorney stated Mr. Dorling has already been sworn in for the evening
and if there is anyone else who wishes to speak regarding Ordinance No. 23-03, to come forward
at this time to be sworn in. No one came forward at this time with the exception of Mr. Dorling.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2003-255 and #2003-256 into the record.
Mr. Dorling stated the subject property consists of a portion of Lot 12 of the
Model Land Company Subdivision and is a 0.81 acre parcel that has been owned by the church
since 1982. Mr. Dorling stated this was prior to the citywide rezoning and adoption of the Land
Development Regulations in October 1990, when the majority of the Church's properties were
rezoned from R-l-AA to CF. Recognizing that this property should have been given FLUM and
rezoning designations consistent with the balance of the church property, the City Commission
approved the initiation of a corrective small-scale Future Land Use Map amendment from LD
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09/09/03
(Low Density) to CF (Community Facility) and rezoning from R-l-AA (Single Family) to CF
(Community Facility) on July 8, 2003.
Mr. Dorling stated at its meeting of July 21,2003, the Planning and Zoning Board
held a public hearing in conjunction with the request and noted two people from public
expressed concerns with existing nuisances generated by the church and the expansion of the
church facilities on the subject property as a permitted use. The general sentiment was that the
church has not provided sufficient buffering to eliminate the noise generated at the outdoor play
areas, which are located along the north and west sides of the church campus. After reviewing
the staff report and discussing the proposal, the Planning and Zoning Board voted 4-0 (Sowards
abstaining, Morris absent) to recommend that the request be approved, based on positive findings
with respect to Future Land Use Element Policy A-I.? of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards
for Rezonings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and
Policies of the Comprehensive Plan.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 23-03, the public hearing was
closed.
Mr. Levinson moved to adopt Ordinance No. 23-03 for the proposed small scale
FLUM Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CF-C
(Community Facilities - Church) and Rezoning from R-l-AA (Single Family Residential) to CF
(Community Facilities) for Trinity Lutheran Church based on positive findings with respect to
Future Land Use Element Policy A-I.? of the Comprehensive Plan (pLUM Amendment
Findings) LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezonings),
LDR Section 2.4.5(D)(5) (Rezoning Findings) and consistency with the Goals, Objectives, and
Policies of the Comprehensive Plan on Second and FINAL Reading, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
10.B. RESOLUTION NO. 54-03 (TENTATIVE MILLAGE LEVY): A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation and
maintenance and for payment of principal and interest on bonded indebtedness for FY 2004.
Prior to consideration of passage of this resolution, a public hearing has been scheduled to be
held at this time.
The caption of Resolution No. 54-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON
ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO
TENTATIVELY LEVY A TAX FOR THE PAYMENT OF
PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS,
AND TO ALLOCATE AND APPROPRIATE SAID
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09/09/03
COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 54-03 is on file in the City Clerk's office.)
The City Attorney announced that this resolution levies a tax on all properties in
the City of Delray Beach for fiscal year 2004 as follows: 7.52 mills for operation and
maintenance of the General Fund, 0.48 mills for the payment of principal and interest on bonded
indebtedness for a total of 8.00 mills as the millage rate. The rolled back rate calculated under
the TRIM law for operating purposes is 6.6911 mills. The millage rate is 12.39% above the
rolled back rate.
A public hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Resolution No. 54-03, the public hearing was
closed.
Mrs. Archer moved to approve Resolution No. 54-03 tentatively levying a tax on
all properties within the City of Delray Beach for operation and maintenance and for payment of
principal and interest on bonded indebtedness for fiscal year 2004, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
to.C. RESOLUTION NO. 56-03 (TENTATIVE MILLAGE LEVY/DDA): A
resolution tentatively levying a tax on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY 2004. Prior to consideration of
passage ofthis resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 56-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON
ALL PROPERTIES WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE
CITY OF DELRA Y BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO APPROPRIATE SAID
COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 56-03 is on file in the City Clerk's office.)
The City Attorney stated this resolution levies a tax in the amount of 1.00 mill on
all properties within the Downtown Development Authority Taxing District of the City of Delray
Beach for fiscal year 2004. This millage exceeds the 0.8697 rolled back rate calculated under the
TRIM law by 14.98%.
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09/09/03
A public hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter ofthe City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Resolution No. 56-03, the public hearing was
closed.
Mrs. Archer moved to approve Resolution No. 56-03 tentative millage levy for
the DDA a resolution tentatively levy a tax on all properties within the Downtown Development
Authority Taxing District for the City of Delray Beach for fiscal year 2004, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
10.D. RESOLUTION NO. 55-03 (TENTATIVE BUDGET ADOPTION FOR FY
2004): A resolution tentatively making appropriations of sums of money for all necessary
expenditures of the City of Delray Beach for the period October I, 2003 through September 30,
2004. Prior to consideration of passage of this resolution, a public hearing has been scheduled to
be held at this time.
The caption of Resolution No. 55-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRA Y
BEACH FOR THE PERIOD FROM THE 1st DAY OF
OCTOBER, 2003, TO THE 30th DAY OF SEPTEMBER, 2004;
TO PRESCRIBE THE TERMS, CONDITIONS AND
PROVISIONS WITH RESPECT TO THE ITEMS OF
APPROPRIATIONS AND THEIR PAYMENT; AND TO
REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH
THIS RESOLUTION AND ALL RESOLUTIONS
INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT
OF SUCH INCONSISTENCY.
(The official copy of Resolution No. 55-03 is on file in the City Clerk's office.)
A public hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Resolution No. 55-03, the public hearing was
closed.
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09/09/03
,-
Prior to the vote, the Assistant City Manager stated this does include those
changes the City Manager discussed with the Commission last week.
Ms. McCarthy moved to approve Resolution No. 55-03 which makes tentative
appropriations of sums of money for all necessary expenditures of the City of Delray Beach for
fiscal year 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
to.E. ORDINANCE NO. 27-03: An ordinance amending Chapter 32, "Departments,
Boards, and Commissions", of the City Code of Ordinances by enacting Sections 32.45-32.50
establishing the Neighborhood Advisory Council. Prior to consideration of passage of this
ordinance, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 27-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, BY
AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND
COMMISSIONS", TO CREATE A "NEIGHBORHOOD
ADVISORY COUNCIL" AS AN ADVISORY BOARD TO THE
CITY COMMISSION; BY ENACTING SECTION 32.45,
"ESTABLISHMENT", SECTION 32.46, "COMPOSITION;
APPOINTMENT; TERMS", SECTION 32.47,
"ORGANIZATION", SECTION 32.48, "QUALIFICATIONS OF
MEMBERS", SECTION 32.49, "DUTIES AND
RESPONSIBILITIES", AND SECTION 32.50, "MEETINGS",
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Lula Butler, Director of Community Improvement, stated this ordinance
establishes and creates a new advisory board entitled the "Neighborhood Advisory Council".
Mrs. Butler stated to move this to the next level is to have a formalized way of neighborhood
associations being able to connect and provide recommendations and information directly to
their elected officials. Mrs. Butler stated staff s recommendation for this particular advisory
board is based on research in cities that have done very similar things as Delray Beach.
Furthermore, Mrs. Butler stated staff proposes a fifteen member board plus two youth
representatives and have also provided the Commission with a map dividing the city into six
sectors so that appointees will be throughout the community. If this ordinance is passed this
evening, staff will formally advertise for people who are interested in serving on the
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09/09/03
Neighborhood Advisory Board. The Board will meet once per month on a Monday evening and
staff hopes to form its first organizational meeting once appointments are made which will be
around the third week in October.
With regard to the students who will serve on the Neighborhood Advisory Board,
Mrs. Archer asked if the students will not only be high school students but middle school
students as well. In response, Ms. Butler stated staff thought the Delray Beach Youth Council
would be a good venue for this and noted the Delray Beach Youth Council includes both middle
and high school students.
Mr. Levinson stated he feels this is a great idea.
Mayor Perlman declared the public hearing open.
Jayne King, President of Progressive Residents of Delray (PROD) and speaking
on behalf of the organization, stated PROD supports the Neighborhood Advisory Board and they
feel it is an excellent vehicle for residents to share their common issues and make
recommendations that will improve the community. Mrs. King suggested that a few changes be
made to the proposed ordinance. With regard to the six zones, PROD suggests that the beach
side could be included in zone #6 versus zone #4 where it is currently located. PROD also feels
that in order for the Board to maximize its effectiveness, it is vital that applicants who have been
actively involved in their neighborhood associations and/or community organizations be a
majority of the members considered for the Board. PROD feels that neighborhood enhancement
should be equitable throughout the city and recommends applicants be chosen through a lottery
drawing rather than specific appointments by each Commissioner. In addition, PROD
recommends that the meeting time of the Board be scheduled so that there are no conflicts with
any other Board meetings and yet be convenient for working residents. Lastly, PROD
recommends that the majority of the at-large positions on the Board be actual residents involved
in community groups rather than business organizations.
There being no one else who wished to address the Commission regarding
Ordinance No. 27-03, the public hearing was closed.
Mr. Levinson moved to approve Ordinance No. 27-03 amending Chapter 32,
"Departments, Boards, and Commissions", of the City Code of Ordinances by enacting Sections
32.45-32.50 establishing the Neighborhood Advisory Council, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
11.A. City Manal!er's reSDonse to Drior Dublic comments and inquiries.
The City Manager had no response to prior public comments and inquiries.
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09/09/03
I1.B. From the Public.
I1.B.1. Carolvn Zimmerman. 212 S.W. 2nd Avenue. Delrav Beach. representing the
President's Council, expressed concern over the appearance of the library and she feels the
building does not fit in with Delray. Miss Zimmerman stated the public was not brought back to
look at the drawings of the new library and she urged the Commission to think about this.
I1.B.2. Virl!:inia Snyder. 38 S. Swinton Avenue. Delrav Beach. urged the Commission
to reconsider the library building.
I1.B.3. Alice Finst. 707 Place Tavant. Delrav Beach. announced the library
presentation will be going before the Site Plan Review and Appearance Board tomorrow at 6:00
p.m. which will allow the public the opportunity to make comments regarding the library (three
minutes per person to speak). Mrs. Finst stated if anyone has questions they can access the
PROD website at www.askprod.org. Mrs. Finst stated this is a building that will be standing for
at least fifty years and she feels it should be right the first time.
I1.B.4. Patricia Wril!:ht. 255 N.W. 14th Avenue. Delrav Beach. expressed concern over
an abandoned home located at 1331 N.W. 3rd Street and stated there are vagrants in the home.
Secondly, Ms. Wright asked if there is going to be a swale installed on the
property located at 15th A venue and 3rd Street. Staff informed Ms. Wright that this property will
be a retention pond and Mayor Perlman stated that staff will look into the abandoned home.
I1.B.5. Ted Walters. 2161 Jael!:er Drive. Delrav Beach. expressed concern over his tax
bili. Mayor Perlman suggested that staff help assist in explaining the different items on the tax
bill to Mr. Walters.
At this point, the Commission moved to Item 9.D. ofthe Regular Agenda.
9.D. CONDITIONAL USE REOUESTIEXCEL RESTAURANT: Consider a
request for conditional use approval to allow the establishment of a 24-Hour or Late Night
Business to be located within 300 feet of residentially-zoned property for Excel Restaurant, to be
located within the Linton Square Shopping Center at the northeast corner of Linton Boulevard
and Congress Avenue. (Quasi-Judicial Hearing)
The applicant has requested that this item be postponed until October 7, 2003.
9.E. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/IRONWOOD PROPERTIES. INC.: Consider an appeal of a decision of the Site
Plan Review and Appearance Board's action regardin~ Mallory Square, located on the south side
ofS.E. 3rd Street, between S.E. 5th Avenue and S.E. 6t Avenue. (Quasi-Judicial Hearing)
Mayor Perlman asked the Commission to disclose any ex parte communications.
No ex parte communications were disclosed.
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09/09/03
The City Clerk swore in those individuals who wished to give testimony on this
item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2003-271 into the record.
The development proposal involves a Class I site plan modification for the
elimination of the requirement to install a tot lot at the recreation area within the Mallory Square
multiple family residential (townhome) development.
At its meeting of August 13, 2003, SPRAB considered the Class I site plan
modification for Mallory Square. The Board denied the Class I site plan modification as they
had concerns with respect to the lack of recreation areas for small children in this 84-unit
townhome development. Also, the Board noted they had similar concerns with the initial
approval of the Class V and attached the provision of a tot lot as a condition of approval.
Mr. Dorling stated the applicant wishes to eliminate the "Tot-Lot" apparatus, and
replace it with additional paver (deck) materials that would allow for seating areas (two tables
with large umbrellas and chairs) adjacent to the grill station because there was a "prospective
pool deck area deficiency and that a Tot-Lot is not the best use of this space." Additionally, the
applicant stated that "of the 84 townhomes, approximately 54 have been sold, and none of the
current owners/contract purchasers have small children that would use a tot lot."
The Board felt that the elimination of the tot lot is not appropriate and therefore,
they could not make positive findings with respect to the Open Space and Recreation Element
Policy A-3.1 of the Comprehensive Plan.
Mayor Perlman declared the public hearing open.
Alice Finst, 707 Place Tavant, asked if the impact fees will change in lieu of
dedication of land for recreation and will they be charged additional fees to make up for what
they are not putting in there.
Mr. Dorling stated this will not change the area that is being dedicated for
recreation use but it will change the type of recreation provided.
Mrs. Archer commented she feels it is imperative that the City provide children
with a place to go in the community and stated she is not in favor of waiving the request.
Prior to the vote, Mayor Perlman commented about Cary Glickstein's letter where
he states "I believe most SPRAB members agreed that the area I described was too small to
safely use as a tot-lot," Mr. Dorling stated there was some confusion about the dimensions and it
centered around two feet versus two feet more or less, There was an argument put forth that if
the dimensions were two feet smaller the apparatus being proposed would be too close for
children to safely use the equipment. However, Mr. Dorling stated this does not address the
issue of the two foot landscape strip within it and you can either (I) modify the landscaping or
(2) put in some equipment that is dimensionally appropriate for the area.
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09/09/03
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Mr. Levinson stated the applicant made a commitment and feels he wi11live up to
his promise.
Mrs. Archer moved to approve the appeal of the Site Plan Review and
Appearance Board, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - No; Mayor Perlman - No; Mrs. Archer - No; Mr. Levinson - No.
Said motion to approve the appeal was denied with a 4 to 0 vote.
9.F. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/BORTON MOTORS: Consider an appeal of a decision of the Site Plan Review
and Appearance Board's action regarding a site plan modification request for Borton Motors,
located on the east side of North Federal Highway, south of Gulfstream Boulevard. (Quasi-
Judicial Hearing)
The applicant has requested that this item be postponed until October 7, 2003.
9.G. REOUEST FOR IN-LIEU PARKING SPACESrrAPAS RESTAURANT:
Consider a request by Tapas Restaurant for the purchase of four (4) in-lieu parking spaces in the
amount of $24,000.00. Tapas is located at 8 East Atlantic Avenue. (Quasi-Judicial Hearing)
Mayor Perlman asked the Commission to disclose any ex parte communications.
No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2003-260 into the record.
At this time, the City Clerk swore in the applicant.
Mayor Perlman asked the applicant to come forward at this time.
Francisco Perez-Azua, 60 It, N.E. 2nd Avenue, Delray Beach
(Architect/Applicant), stated he is here this evening to answer any questions the Commission
may have.
Mayor Perlman stated anyone from the public who would like to address the
Commission regarding the request, to come forward at this time. No one from the public came
forward to speak in favor or in opposition of the request.
Mr. Levinson moved to approve the request from Tapas Restaurant for the
purchase of four (4) in-lieu parking spaces, in the amount of $24,000 to be paid in full at the time
of submission of a building permit application, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
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09/09/03
9.H. SPECIAL EVENT REQUEST/HOOPS 4 ALL: Consider approval of a special
event request to allow the "Hoops 4 All, 3 on 3" event sponsored by A & Associates and the
Police Athletic League to be held October 25 and 26, 2003, from 9:00 a.m. until 4:00 p.m.;
granting a temporary use permit per LDR Section 2.3.6(H) for the closure of Atlantic Avenue
from N.W./S.W. 1st Avenue to N.W./S.W. 5th Avenue as well as the western portion of the
Tennis Center parking lot, and staff support for traffic control ano security, EMS assistance,
trash clean up/removal, and bleacher set up; contingent upon sponsor providing a hold hannless
agreement and a certificate ofliability.
This item has been withdrawn from the agenda at the request of the applicant.
9.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.A.A.A.
9.J. AWARD OF CONTRACT/LA W ENFORCEMENT SYSTEMS, INC.:
Consider approval of a contract between the City of Delray Beach and Law Enforcement
Systems, Inc. for the collection of backlogged parking citations and associated fees for a term of
three (3) years with two (2) one (I) year renewals.
Paul Dorling, Director of Planning and Zoning, stated the lowest bidder did not
fulfill all the requirements of the RFP. Therefore, staff recommends awarding the contract to
Law Enforcement Systems, Inc. (second lowest bidder).
Mr. Levinson moved to approve to award the RFP #2003-44 for the collection of
backlogged citations to Law Enforcement Systems, Inc. (second lowest bidder) for a period of
three (3) years with two (2) one (1) year renewal options, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy-
Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.K. LAKE WORTH DRAINAGE DISTRICT: Consider a request authorizing the
Mayor to execute a letter requesting the Lake Worth Drainage District to armex properties on
N.W. 18th Avenue for adequate provision of flood protection.
Dick Hasko, Director of Environmental Services, stated last year improvements
were constructed on N.W. 18th Avenue in conjunction with the 2000 Roadway Bond Program.
Prior to that project, the roadway was shell rock with no drainage infrastructure or positive legal
outfall for storm water runoff from the adjacent industrial properties. With the completion of the
roadway and drainage construction, the storm water runoff from the parcels served by the new
infrastructure was routed to a dry retention area at the north end of the street discharging to the
Lake Worth Drainage District (LWDD) E-4 CanaL
Subsequent to permitting and construction of the improvements, staff became
aware that the properties which are now physically connected to the LWDD canal system were,
in fact, outside the boundaries of the District. Mr. Hasko stated a letter has been drafted for the
Mayor's signature requesting that the Lake Worth Drainage District armex the affected parcels.
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, , -------"
Mr. Levinson stated the City of Delray Beach has uniquely formed a better
relationship with the Lake Worth Drainage District (LWDD) recently and he feels this is a good
way to reinforce it.
Mr. Levinson moved to approve authorizing the Mayor to execute a letter
requesting the Lake Worth Drainage District to annex the affected parcels for adequate flood
protection, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
9.L. PROPOSAL FOR SETTLEMENT IN PETRAGLIA v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the amount of$I,OOO.OO in Petraglia v. City of
Delray Beach.
Mr. Levinson moved to approve the Proposal for Settlement in the amount of
$1,000.00 in Petraglia v. City of Delray Beach, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Ms. McCarthy - No; Mayor Perlman - No; Mrs. Archer - No;
Mr. Levinson - No. Said motion to approve the settlement was denied with a 4 to 0 vote.
9.M. PROPOSAL FOR SETTLEMENT IN FLORIDA BLACKTOP v. CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in the amount of $750,000.00 in
Florida Blacktop v. City of Delray Beach. Staff recommendation is denial.
Mr. Levinson moved to approve the proposal for settlement in the amount of
$750,000.00 in Florida Blacktop v. City of Del ray Beach, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Mayor Perlman - No; Mrs. Archer - No; Mr. Levinson-
No; Ms. McCarthy - No. Said motion to approve the settlement was denied with a 4 to 0 vote.
9.N. ADULT ENTERTAINMENT AND ALCOHOLIC BEVERAGE
ESTABLISHMENTS: Provide direction to staff regarding Land Development Regulations
(LDR) and Code of Ordinance amendments for adult entertainment and alcoholic beverage
establishments.
The City Attorney stated this ordinance deals with alcoholic beverage
establishments and their distance from adult entertainment establishments. The City Attorney
continued to state this request is before the Commission so that there is a "zoning in progress"
regarding these issues of distance and overall this strengthens what we currently have in place.
The City Attorney stated she would like the consent of the Commission to start the zoning
process by sending it to Plarming and Zoning Board for their review and it will then be brought
back to the Commission for first and second reading.
Prior to the vote, Ms. McCarthy asked if there is something in the ordinance about
the distance of alcoholic beverage establishments from schools as well. The City Attorney stated
that the ordinance states ''No adult entertainment establishment shall be located closer than one
thousand (1,000) feet from any house of worship, school, residential zoning district,..... ..." and
noted that this section of the ordinance is not being changed.
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09/09/03
Mr. Levinson moved to approve to direct staff to initiate the changes, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.0. RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: RatifY the appointment of Mark Krall as the
Planning and Zoning Board representative on the Parking Management Advisory Board for a
term ending August 31, 2005.
Mayor Perlman stated he wished to ratifY the appointment of Mark Krall as the
Planning and Zoning Board representative on the Parking Management Advisory Board. Mr.
Levinson so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes.
Said motion passed with a 4 to 0 vote.
9.P. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enforcement Board for an unexpired term ending January 14,
2005. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat
#5).
Mayor Perlman stated he wished to appoint Mark Behar as an alternate member
to the Code Enforcement Board for an unexpired term ending January 14, 2005. Mrs. Archer so
moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 28-03: Privately initiated Future Land Use Map (FLUM)
Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities-
Churches) for a 4.13 acre parcel of land and rezoning from R-l-AA (Single Family Residentia~
to CF (Community Facilities) for a 0.795 acre parcel ofland, located on the north side ofN.E. 6
Street between N.E. 8th Avenue and Palm Trail for St. Vincent's Ferrer Church. If passed, a
quasi-judicial public hearing will be scheduled for September 23, 2003.
The caption of Ordinance No. 28-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM LD
(LOW DENSITY RESIDENTIAL 0-5 DUlAC) TO CF-C
(COMMUNITY FACILITIES-CHURCHES); ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
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09/09/03
AMENDMENTS; AND REZONING AND PLACING LAND
PRESENTLY ZONED R-l-AA (SINGLE F AMIL Y
RESIDENTIAL) DISTRICT IN PART AND CF
(COMMUNITY FACILITIES) DISTRICT IN PART TO CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE NORTH
SIDE OF NE 6TH STREET, BETWEEN NE STH AVENUE
AND PALM TRAIL, AS MORE P ARTICULARL Y
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, APRIL 2003 "; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 2S-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance and announced this will be a
quasi-judicial hearing on the second reading (September 23, 2003).
Paul Dorling, Director of Planning and Zoning, stated prior to 1990 the entire
church property (9.S acres) was zoned R-lAA (Single Family Residential). The zoning and
Future Land Use Map designation on the northern half (6.46 acres) of the parcel was changed to
CF (Community Facilities) with the Citywide Rezoning in 1990. The church has acquired three
additional lots (0.795 acres) southeast of the current church campus at the northeast comer ofNE
Sth Avenue and NE 6th Street. The City Commission approved a City Initiated Corrective
Rezoning from R-lAA to CF on February 16, 1999. At the time, this portion of the property had
an underlying Future Land Use Map designation of LD (Low Density Residential 0-5 du/ac)
which was not changed as it was consistent with the proposed zoning of CF. The proposed
FLUM Amendment involves the southern half of the church property which includes the 3.335
acre parcel of land where the new gymnasium facilities, pre-kindergarten facility and meeting
hall exist and the newly acquired 0.795 acre parcel of land. The 0.795 acre parcel is to be
rezoned from R-l-AA to CF. The applicant (St. Vincent Ferrer Church) does not propose a
change in use of the property at this time.
At its meeting of August IS, 2003, the Planning and Zoning Board held a public
hearing in conjunction with the Rezoning and FLUM amendment requests. After discussing the
proposal, the Board unanimously voted 6-0 (pike absent) to recommend that the requests be
approved, based on positive findings with respect to Future Land Use Element Policy A-1.7 of
the Comprehensive Plan (pLUM Amendment Findings), LDR Section 3.1.1 (Required Findings),
LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the
Comprehensive Plan. Staff recommends approval because they feel it is appropriate.
Mr. Levinson moved to approve the FLUM Amendment from LD (Low Density
Residential 0-5 du/ac) to CF-C (Community Facilities - Church) for a 4.13 acre parcel of land
and rezoning from R-l-AA (Single Family Residential) to CF (Community Facilities) for a 0.795
acre parcel of land, based on positive findings with respect to Future Land Use Element Policy
A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1. (Required
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09/09/03
Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies
of the Comprehensive Plan, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy-
Yes. Said motion passed with a 4 to 0 vote.
12.D. ORDINANCE NO. 29-03: An ordinance adopting and enacting a new City
Code of Ordinances as reprinted and codified by the Municipal Code Corporation. If passed, a
public hearing will be scheduled for September 23,2003.
The caption of Ordinance No. 29-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA ADOPTING AND
ENACTING A NEW CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR
THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES; AND
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 29-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
The City Clerk stated the Code of Ordinance book is now updated through
Ordinance No. 19-03 (approved on July 22,2003) and is up and running on the website. The
City Clerk stated she is very proud of this accomplishment
Ms. McCarthy moved to approve Ordinance No. 29-03 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4
to 0 vote.
12.C. ORDINANCE NO. 30-03: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied",
to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste
collection service rates by 2.2% for FY 2004. If passed, a public hearing will be scheduled for
September 23,2003.
The caption of Ordinance No. 30-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51,
"GARBAGE AND TRASH", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRA Y BEACH, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED", TO
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09/09/03
PROVIDE FOR INCREASED RESIDENTIAL AND
COMMERCIAL COLLECTION SERVICE RATES FOR FY
2004; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
For the benefit of the public, the City Manager stated this increases the rates by
2.2%.
Mrs. Archer moved to approve Ordinance No. 30-03 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with
a 4 to 0 vote.
l2.D. ORDINANCE NO. 31-03: An ordinance amending Chapter 53, "Sanitary
Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges;
Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for an increase of .09 cents
per 1,000 gallons for treatment costs. If passed, a public hearing will be scheduled for
September 23, 2003.
The caption of Ordinance No. 31-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 53,
"SANITARY SEWERS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER RATES;
CALCULATION OF SEWER SURCHARGE", SUBSECTION
53. 130(D), TO PROVIDE FOR INCREASED RESIDENTIAL
AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY
2004; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
The City Manager stated this is to pass through the increase in the treatment
charge from the South Central Regional Wastewater Treatment and Disposal Board
(SCRTWTD). The increase is .09 cents per thousand gallons.
-25-
09/09/03
Mr. Levinson moved to approve Ordinance No. 31-03 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy-
Yes; Mayor Perlman ~ Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
12.E. ORDINANCE NO. 36-03: An ordinance amending Chapter 35, "Employee
Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to
increase the contribution requirement for general employees from zero to 2% of their basic
compensation. Ifpassed, a public hearing will be scheduled for September 23,2003.
The caption of Ordinance No. 36-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH BY
AMENDING SECTION 35.095, "CONTRIBUTIONS OF
PARTICIPANT AND CITY", SUBSECTION 35.095(A),
"PARTICIPANT'S CONTRIBUTION ACCOUNT", TO
PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT
CONTRIBUTIONS; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 36-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Levinson moved to approve Ordinance No. 36-03 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4
to 0 vote.
12.F. ORDINANCE NO. 35-03: An ordinance amending Chapter 117, "Landlord
Permits", of the City Code of Ordinances by amending Section 117.02, "Permit Fees" to provide
for a $15.00 increase in landlord permit fees. Ifpassed, a public hearing will be scheduled for
September 23, 2003.
The caption of Ordinance No. 35-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 117.02, "PERMIT
FEES", TO PROVIDE FOR AN INCREASE IN THE FEES
CHARGED AND CLARIFYING THAT THE FEES ARE NOT
-26-
09/09/03
PRORATED; AMENDING SECTION 117.04, "APPEALS" TO
CLARIFY THAT NOTICE SHALL BE WRITTEN;
AMENDING SECTION 117.05, "INSPECTIONS", TO
CLARIFY THAT UNITS MUST COMPLY WITH ALL CITY
CODES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 35-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mayor Perlman stated a few years ago Will McCollom of the Police Department
asked if staff could provide some training. Lula Butler, Director of Community Improvement,
stated staff has a program and will provide training.
Mrs. Archer moved to approve Ordinance No. 35-03 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with
a 4 to 0 vote.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13. COMMENTS AND INOUlRIES ON NON-AGENDA ITEMS.
13.A. City Manal!er.
The City Manager stated he enjoyed his vacation and is glad to be back.
13.B. City Attornev.
The City Attorney had no comments and inquiries on non-agenda items.
13.C. City Commission.
13.C.1. Commissioner Archer
Mrs. Archer stated with regard to the new Atlantic High School site she
understands a fence has been installed that blocks the eastern entrance to Temple Sinai. Mrs.
Archer asked if there is some reason why the entrance is blocked and why the fence has to be so
far up.
The City Manager stated staff will look into this issue for Mrs. Archer.
-27-
09/09/03
13.C.2. Commissioner McCarthv
Ms. McCarthy had no comments or inquiries on non-agenda items.
13.C.3. Commissioner Levinson
Mr. Levinson stated the Palm Beach County School Board passed their Operating
Budget and Capital Improvement Plan on Monday, September 8, 2003. Mr. Levinson stated the
start date for the middle school at the Seacrest site is set for 2008. There is an opportunity to
have the date moved up and the School Board is looking at class size reduction dollars which
they have budgeted. Mr. Levinson stated these dollars would be used to build additional
classrooms at existing schools to relieve the classroom size issue as well as potentially use some
of the money in that pot to build new middle schools which will also relieve the number of
students in classrooms. Mr. Levinson stated the start date of 2008 may actually get moved up
based upon the need for additional classrooms and this school may possibly be a middle school
of the arts. Mr. Levinson stated the big issue is there has been a huge move east of students and
the School Board recognizes that they need to maintain eastern sites for classroom expansion as
well as new schools.
Secondly, Mr. Levinson commented about Dr. Art Johnson recommending a
change. Mr. Levinson stated he spoke to Debra Robinson, Dr. Art Johnson, Tom Lynch and
numerous others approximately a month ago and they were able to get involved with the Capital
Plan Institute of the Village Academy K-8 Program which was ratified last night. He noted that
the high school is going to be considered in the bond issue and K-8 will stay in the five year plan
and if it passes, the bond issue will be utilized for the possibility of a high school. Mr. Levinson
stated the Palm Beach County School District has some operational concerns about a school that
small and its ability to offer some of the higher level courses needed.
Mr. Levinson commented that both the concerts and the Bed Race was great and
stated he would like to thank Nancy Stewart and Morgan Russell for their efforts to hold first
class events for the community.
Mr. Levinson congratulated the Police Department for winning the Labor Day
Challenge and commented that the weight lifting was incredible.
Mr. Levinson commented about the Chamber of Commerce Gala and
congratulated Rosalie Blood for being named the small business person of the year and noted she
has been a great asset to the community.
Mr. Levinson commented about a newspaper article which appeared in the Sun-
Sentinel dated July 22, 2003 which talks about the need for civic groups also referred to as Non-
Governmental Organizations (NGO's) to be held accountable meaning that these organizations
should respond to the needs of the people they affect, and should tell the public how they get
their money and what they do with it. Mr. Levinson stated he would like to see a copy of this
article distributed to the entire Commission and (through Lula Butler) to any of our organizations
that provide services. Mr. Levinson stated there has been discussion regarding the use of some
-28-
09/09/03
of our dollars to assist them with training, etc. The City Manager stated the International City
Management Association has just issued a 20-page piece on holding non-profits accountable that
are providing services to local government and he hopes to get some good ideas from this. Mr.
Levinson stated he would like to see the City wrap this into a nice package which would (A)
provide training and service, and (B) hold non-profit organizations accountable.
Mr. Levinson commented about handbills being placed on automobiles on a
Friday and Saturday evening particularly since the ordinance has recently been changed. Mr.
Levinson suggested that a letter be sent to those organizations that are distributing these
handbills and that stafffollow-up with regard to this issue.
Mr. Levinson welcomed back the City Manager who just returned from vacation.
Mr. Levinson commented about an article in the Florida League of Cities
magazine that he feels is right on for what Delray has been doing for the last 15 years which is
the NIMTO (''Not in my term of office"). However, Mr. Levinson feels that this Commission
has certainly broken this mold.
B.CA. Mavor Perlman
Mayor Perlman stated he had the opportunity to attend a luncheon today at the
Office Depot Center (Chairman's Club) with Bruce Nelson (Chairman & CEO of Office Depot,
Inc.) and Sam Mathis who both live in Delray. Mayor Perlman stated both of these men are
getting involved in the National Conference for Community and Justice (NCCJ) formerly the
National Conference of Christians and Jews. There will be a "Walk as One" Walk-a-thon on
Saturday, October 18, 2003, at the Office Depot Center and they are asking for teams and hopes
staff will spread the word. Furthermore, Mayor Perlman stated he feels this really fits in with
what Delray Beach is trying to do.
Secondly, Mayor Perlman congratulated the Tennis Center staff for being named
the best tennis courts by Palm Beaches.com. In addition, Mayor Perlman stated the Tennis
Center staff also received some very high praise from Office Depot which has a corporate
league.
Mayor Perlman stated the Fire Department is holding a 9/11 event on Thursday.
In addition, on the same day at 6:00 p.m. at the south end of the beach there will be a mocking of
the 100th Anniversary of the Delray Wreck in which nine people were lost off the coast of
Delray. Mayor Perlman stated there are relatives coming from all over and the guest speaker is
from Liverpool, England.
Mayor Perlman stated the CRA arranged for Robert Gibbs, who is a nationally
renowned planner and retail consultant, to come to Delray Beach last Friday and spend
approximately three hours talking about retail trends, parking, and festivals. Mayor Perlman
stated he felt that Mr. Gibbs had some great points, and with regard to parking, he suggested that
a good strategy would be to open up the garages for free for approximately the first two hours to
encourage people that they are safe. Then, the City could charge for anything beyond the first
-29-
09/09/03
two hours. With regard to festivals/special events, Mayor Perlman stated Mr. Gibbs suggested
that the City of Delray measure traffic counts to see if we are getting a bang for the buck. Mr.
Gibbs stated that a good way to do this would be for the merchants to get together and give
discount coupons to people who attend these special events as an incentive to get them to come
back to the downtown area.
Mayor Perlman announced that CBS will be here tomorrow to interview the
Home Front Security and stated Delray Beach will be on the national nightly news on September
11,2003 at 6:30 p.m.
Mayor Perlman welcomed back Jeff Costello, Principal Planner, who recently had
to undergo hip replacement surgery.
Mayor Perlman stated he had the opportunity to greet the Boynton Beach Little
League at Motorola. Mayor Perlman stated he received a letter from Mayor Gerald Broening of
Boynton Beach thanking him for showing support. Mayor Perlman stated he would like to
recognize the Boynton Beach Little League and noted Mr. Ladizinsky will be working on this.
Mayor Perlman publicly thanked and commended the City Attorney's office for
the number of successes they have had recently.
With regard to the library, Mayor Perlman commented about an article about the
new County library which is being built west of Delray Beach. Mayor Perlman stated the library
is 30,000 square feet which makes it comparable to what the City is looking at and also
commented about the $6.4 million for construction costs.
With regard to the Chamber of Commerce Gala, Mayor Perlman stated he would
like a letter to be sent to Rosalie Blood (Blood's Hammock Groves) and commented she has
been in business for 53 years.
Mayor Perlman congratulated Lula Butler, Director of Community lmprovement, -
who was the recipient of the 2003 Business Recognition Award and the 2003 Ken Ellingsworth
Community Service Award and stated the Commission is very proud of her. In addition, Robert
Barcinski attended the Chamber of Commerce Gala and received an award for the Delray Beach
manna.
Mayor Perlman congratulated Brad Fitzer, Division Chief of Administration, who
has accepted a position of Fire Chief in Abilene, Texas which is a community of approximately
118,000. Mayor Perlman stated although this is a loss to the City of Delray Beach it is a
testament to the development that goes on here and commented that we are sending people out
into the world who are going into prestigious positions in big cities.
With regard to the web site, Mayor Perlman commented about communicating
more frequently through the "Mayor's desk column" on mydelraybeach.com.
-30-
09/09/03
--
At this point, the time being 8:30 p.m., Mayor Perlman adjourned the Regular
Meeting and moved to Item 14, Closed Attorney/Client Session.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.01 1(8) re: the
case of Rectory Park, L.C. v. the City of Delray Beach, Florida.
Attendees: Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
City Manager David T. Harden
City Attorney Susan Ruby
Attorney Henry Handler
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
Mayor Perlman read the following statement into the record: "The City has
scheduled a closed attorney-client session pursuant to gFlorida Statutes 286.011(8) in the case of:
Rectorv Park. L.C. vs. City of Delrav Beach. Florida (D.C. Docket No. 01-08569-CV-DTKH).
The estimated length of the closed session shall be 30 minutes. The following persons will be
attending: Mayor Jeff Perlman, Commissioners Patricia Archer, Jon Levinson, Alberta
McCarthy, City Manager David T. Harden, City Attorney Susan Ruby, Attorney Henry Handler,
and a certified court reporter."
At this point, the time being 9:20 p.m., Mayor Perlman reconvened the Regular
Meeting and announced that the Closed Attorney/Client Session was terminated.
There being no further business, Mayor Perlman declared the meeting adjourned
at 9:23 p.m.
City Clerk
ATTEST:
MAYOR
-31-
09/09/03
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on September 9,
2003, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
-32-
09/09/03
, FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS
LAST HAME-FIR$T NAME~OOlE NAME NAME OF BOARD. COUNCIL. COMMtSStON. AUTHORITY, OR COMMrrree
LEVJN"sON voAl 'R-OB~IZI '/)EL../ill'f 73E/o)c/J (IT'" C.r>N/..;f/5SIO,J
. .....UNa ADDRESS THE IOAAO, COIMCI.. to"'-"SS'ON. AI/THORlTY OR COMMITTE ON
9LJ3 EVk'"'2<.,2EQJ ])a.. ~'SERVEISAUNlTOF:
CITY COUNTY. CITY Q COUNTY Q OTHER LOCAl. AGENCY
D~l..l2."1'1 &=..IICN 'PAt.,.., '&>.~cH -~~~~H
OATE ON WHICH VOTE ~o MY POSITION J5, . .
- "7 - el3 . ELECTIVE Q _
WHO MUST FILE FORM 88 RECS\feD
.' . <\~~03 .
This form Is lor use by any person IeIVing 81 the county. city. CO' _r local ......1 of llO'ammeM c en appointed CO' ~ed beard. ccur '1.
convniasion. aulhority. or cornmlIIee. It appIlea equally 10 mambera or advisory and non4dviaoty lOdlaa ~AKwilh a VOl flg
conflict of interest under Section 112.3143. Florida Smtutes.
Your responsibilities under the Ih- when r.ced with VOting on a mauure in which you haw a conflict cI intentst win vary greatly depending
on whether you hold an elective CO' -"'live position. For tI1is _. please pay c:Iosa _ntion 10 the inSl1Uc:tions on this form before
, completing the _ side and filing 1he form.
.
I
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES .
A pel'IOrl holding eleCliYe or appoinllVll county. municipal. or __local public oIIIao MUST ABSTAIN from voIing on a manure which ,
Inures 10 his CO' her special private gein CO' IoU. Each aleCled or eppointed local oIIicar aIao Is prohibited from knowingly voIing on a _
I sure which Inures 10 the speciel gain or IoU or a principal (other than a government agency) by whom he or She is retained (Including 1he
parent organization or subsidiary of a COlllOI'8le principel by which he or she Is retained): 10 the special private gain or Ioas of a relative; or
10 the speciel private gain or loss of a business associate. Commissioners of community redevelopmant agencies under Sec. 163.356 or
163.357. F.S.. and ollicers of independent special lax districts aJected on a one-acre,' one-voia basis are not ptOhib~ed from voIing in that
capacity.
For purposes of this law. a "NIallVll" includes only the oIIIce(s father. mother. son, daughter. husband, wife. blother. sisler. father-in-law.
mother-in-law. son-In-law. and daughter-in-law. A "business ass0ci8te" ma8ns any person or entity angeged in or carrying on a business
enterprise with the oIIicer as a Partner. joint venturer. coowner of ptOperty. or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
............... .
ELECTED OFFICERS:
In acIdItion 10 abstaining from voIing in the sIlualions dascrIbed above. you must diSCIoIa the contIict;
.
PRIOR TO THE VOTE BEING TAKEN by publicly atating 10 the -.mbly the nature cI your lntarest in the _ on which you
- all8lainlng from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by co..........'" and fling lhis form with the pereon responsible lor recording the mln-
.... clthe meeting. who ahouId h_....... the form in the minutes.
............... .
APPOINTED OFFICERS:
Although you - IIbstaIn from voting In the IIlualions descllb.d abova. you olheI wise may participate In lhae matters. Hoo..llMlr, you
must dIsdosa the nature clthe conIIict be'- making my attempI10 kItIuenc:a the cIactslon, wheIhet oreIly or in writing and whether mede
by you or et your dlreclion.
IF YOU INTEND TO MAKE AN'( ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will BE
TAKEN;
. You must complate and IIle this form (before making any a/tamp! 10 lnIIuence the decision) with the pereon respoI.sib1e lor recorllIng the
minutes of the meeting. who will inclllporate the form In the minutes. (Continued on other side)
CE FORM as. EFF. 112000 PAGE 1
ql'1/o$~ 9AIl
.
APPOINTED OFFICERS (continued)
. A copy of the form must be prcMded immediately 10... -. members d the agency.
. The form ~. be IUd publicly at the next, maeling allar /haform Is filed. , -, ' ,
. . . .
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT !HE MEETING: " ,
. You must disclose ClI8Ity the nature d your conftiCl in the _1ft before participating.
. You must complete the form and flJe "within 15 day8 a1Ier... vole OOCUIS with ... pe.... ~ lor ~.:II~ the rninules ;" the
meeting, who must Incorporate ... form in the minutes. A copy of the form must be prcMded Immediately 10 the _'members or the
agency, and the form must be read publicly at the next maeling alter the Ibnn Is filed. .,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, ..j ON 12. LEJ J ";,sO,J ,Ilnby lIiIc:Ioae IMt on q/Cj , 20 .od!.:
(a) A measure came or will coma before my agency which (cIladc one)
..L Inured 10 my apeciaI private gain or loss:
_ Inured lo-lhe lpeCialllllin. or loa or my businaas atOCille, .
_ Inured to thelpeCial gain or loa of my NIative,
_ Inured 10 the lpeCial gain or toss or - ,by
whom I am retained: or
- _ Inured 10 the IP8CiaI gain or loa or . which
.
Is the parent oivanlzatlon or 8ubaldiary of a principal which ". IWlaIned me.
(b) The mea... before my agency and the nature d my conftiCling inIenest in ... ......... Is a l'ollowlI:
t-/lo...( ?='.e Nt, l-..., f.IIAY- --- - ----------
;::I:/ C ~ 4 tJ7~MB6i C2.. Of
/
~ ,4' /,J D c: ts-w4~
'Bt;;' V,J / T ~""" oj \;::It TH€
. L~ PT~ j) E'll ~l. 6! M~r.
Cl T'1
.
qJJI )03 ~ Q/'
Date Flied , \
T
\i \
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317, A FAILURE TO ~.KE AH'f REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND. OR A
CIVIL PENAL TV NOT TO EXCEED $10.000.
CE FORM II - EFF. 112000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY. MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-f'IRST NAME-MIDOlE NAME NAMe OF BOARO. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE Ai
LEVJN"sON voAl 'R-08~1Z1 '/)EL../il!'f 73E/o) cJJ 'I T'f C.r>N/..;f/5S 10
""'LING ADDRESS THE 1lOARD. COUNCIL, (X)ULOISSION. AUTHORITY OR COMMITTEE ON
9LJ3 EVk'"e.<'.2EQJ ])a. . :rCH I SERVE IS A UNIT OF:
CITY COUNTY CITY Q COUNTY AGENCY
D~l..l2."1'1 &=..'9 CN 'PAL."" '&>.~cH NAMe ~ POl.IT1CA1 ..-- I ......fiI!9/tJ.3
tS:L..R.
OATE ON WHICH VOTE OCCURREO MY POSITION J5,
-9-el3
,~
WHO MUST FILE FORM 88 .,.".,
This fonn Is lor use by any person IeIVing at the county. city, or other local level of goven - -~ uoard, cour '1,
commlaslon. authority, or committee. h applies equally 10 members of advisory and non-I -- w~~AKwilh B YO Ig
conftict of interest under Section 112.3143. Florida Statutes.
Your respons/bllhies under the law when r.ced with voting on a measure In which you have a conflict of Interest will very greaUy depending
on whether you hold an elective or appointive position. For this reason. please pay close _nllon Ie the Instructions on this fonn before
completing the reverse side and filing the form.
.
I
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES .
A person holding elective or appointive county. municipal, or OCher local public oIIice MUST ABSTAIN from voting on e manure which
Inures to his or her special private gein or Ioas. Each elected CO' appointed local oIIicer also Is prohibited from knowingly voting on a mea-
i sure which inures to the special gain or loss of e principal (other than a govemment agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); Ie the special privata gain or loss or a relative: or
Ie the special private gain or loss of a business associate. Commissioners of community redevelopment agenaas under Sec. 163.356 or
163.357, F.S.. and officers of independent special1ax districts e!ectad on a one-acre,' one-voie besis ere not prohibhed from voting in that
capacity.
For purposes of this law, a "nllalive" Includes only the oIIicer's father, mother, ion, daughter, husband, wifa, brother, sisler, father-in-law,
mother~n-Iaw, son-in-lew, and daughter-in-lew. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer. coowner of property, or corporate shereholder (where the she... of the corporation
ere not listed on any national or regional stock exchange).
. . . . " . . . . . . . . . . .
ELECTED OFFICERS:
In addltlon to abstaining from voting In the situations described above, you must dlscIosa the contlict:
.
PRIOR TO THE VOTE BEING TAKEN by publicly atating 10 the aasembly the nature or your interest In the measure on which you
are ab8laining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and IIllng this form with the person responsible lor recording the min-
utes or the meeting, who should hoc:orporate the fonn in the mlnutas.
. . . . . . . . . . . . . . . .
APPOINTED OFFICERS:
Although you must abatain from voting in the situations dascribed above. you olherwIse may perliclpete In these matters. However, you
must disclose the nature 01 the conlIIct baIore making any 8llempt 10 Intl_ the decislon, whether orelly or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIll BE
TAKEN:
. You must complete and flle this form (before making any a/tempt Ie influence the decision) with the person responsible lor recording the
minutes of the meeting. who will Incorporate the form In the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000 PAGEl
9/9/oa~ 91111
01\
4
WHEREAS, Nathaniel Tucker was hired by the City of Dekay Beach on February 5, 1964;
and
WHEREAS, Nathaniel Tucker cwrently bas the longest service of any City of Delray Beach
employee at 39 years and 7 months; and
WHEREAS, Nathaniel Tucker graduated from Florida Agricultural & Mechanical
University (FAMU) in 1962 with a Bachelor's Degree in Physical Education; and
WHEREAS, over the years, Nathaniel Tucker has received various awards from the Roots
Cultural Festival, Dekay Beach Police Department, Pompey Park, and the Catherine Strong Center;
and
WHEREAS, Nathaniel Tucker was the firsr City of Dekay Beach pan-time pool lifeguard at
Pompey Park pool from 1957 to 1958; and also worked as an ocean lifeguard; and
WHEREAS, Nathaniel Tucker was a member of the Orange State Park & Recreation
Association, which today is the Florida Recreation & Parks Association, from 1965 until 2003; and
WHEREAS, Nathaniel Tucker has been a dedicated and loyal employee, serving as a
mentor and leader both to children and his peers; and
WHEREAS, the City of Delray Beach and the Delray Beach Parks and Recreation
Department are honored to have had Nathaniel Tucker as an employee and are especially grateful
for his work effort and contributions to the success of the City's Parks and Recreation Department
programs for the children and adults of the community at the Catherine Strong Center, Carver
Middle School and Pompey Park.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Dekay Beach, Florida,
on behalf of the City Commission do hereby proclaim that
The City Commission of the City of Delray Beach recognizes and commends
NATHANIEL TUCKER for thirty-Dine years of dedicated and faithful public service, and
expresses sincere thanks and appreciation for his many years of employment with the City,
and further wishes him the best of health and happin..s in his retirement years.
IN WITNESS WHEREOF, I have bereunto oct my hand and caused the Official Seal of
the City of Dekay Beach, Florida, to be affixed this 23'" day of September, 2003.
JEFF PERLMAN
MAYOR
toll
____._ n_
I>ate: Sept. 11, 2003 ~GENDA ITEM NUMBER:-k:A-
e
AGENI>A REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: September 23, 2003
I>escription of Agenda Item (who, what, where, how much): Request Mayor's
signature on, and City ~ommission's issuance of, a Proclamation honoring
Nathaniel Tucker for his 39 years and 7 months of employment with the City
of Delray Beach, the longest service of any City of Delray Beach employee.
I>epartment Head W
Signature:
City Attorney Rev !Recommendation (if applicable):
Budget I>irector Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: ~I No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
,
.
PROCLAMATION
WHEREAS, Nathaniel Tucker was hired by the City of Delray Beach on February 5,
1964; and
WHEREAS, Nathaniel Tucker currently has the longest service of any City of Delray
Beach employee at 39 years and 7 months; and
WHEREAS, Nathaniel Tucker graduated from Florida A & M University in 1962 with a
bachelor's degree in Physical Education; and
WHEREAS, over the years, Nathaniel Tucker has received various awards from the
Roots Cultural Festival, Delray Beach Police Department, Pompey Park, and the Catherine
Strong Center; and
WHEREAS, Nathaniel Tucker was the first City of Delray Beach part time pool
lifeguard at Pompey Park Pool from 1957 to 1958. He also worked as an ocean lifeguard;
and
WHEREAS, Nathaniel Tucker was a member of the Orange State Park & Recreation
Association, which today is the Florida Recreation & Parks Association, from 1965 to 2003;
and
WHEREAS, Nathaniel Tucker has been a dedicated and loyal employee, serving as a
mentor and leader both to his peers and children; and
WHEREAS, the City of Delray Beach and the Delray Beach Parks and Recreation
Department are honored to have had Nathaniel Tucker as an employee and are especially
grateful for his work effort and contributions to the success of the City's Parks and Recreation
Department programs to the children and adults of the community at the Catherine Strong
Center, Carver Middle School and Pompey Park,
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida,
on behalf of the City Commission, do hereby proclaim:
THE CITY COMMISSION OF DELRAY BEACH HEREBY RECOGNIZES AND COMMENDS
NATHANIEL TUCKER FOR 39 YEARS OF DEDICATED AND FAITHFUL PUBLIC
SERVICE, CONGRATULATES AND EXPRESSES SINCERE THANKS AND
APPRECIATION FOR HIS MANY YEARS OF SERVICE, AND FURTHER WISHES HIM
THE BEST OF HEALTH AND HAPPINESS IN HIS RETIREMENT YEARS.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal
of the City of Delray Beach, Florida, to be affixed this 23RD day of September, 2003.
MAYOR
Jeff Perlman
S:\Parks & Recreation\Shared Fites\Proclamations\PROCLAMATION-N.TUCKERdoc
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WHEREAS,Jeuy Cheeseman moved to Dehay Beach with his family 28 yeotS ago in 1976; and
WHEREAS, Jerry Cheeseman is the devoted husband of Georgia and father of two sons, Rick and
Marc, and a daughter, Shannon; and
WHEREAS, Jeuy Cheeseman has been a dedicated voluntee< for the Dehay Beach Little League
Organization as a eoach for one (I) year, vice president for five (5) yeotS, and League president for ten (10)
years; and
WHEREAS, Jeuy Cheeseman had worked as a professional for the ffiM (Intemational Business
Machines) Corporation for 29 years, promoted into various management positions until his retirement at the
Boca Raton plant site; and
-wHEREAS, Jeuy Cheeseman served the United States of America as an officer in the Vietnam and
Desert Stonn Wars, and retired in 1992 as a Lieutenant Colonel in the United States Air Force; and
WHEREAS. Jeuy Cheeseman has been the Little League District 7 Administrator for Palm Beach
County (north Palm Beach to Boca Raton) for 13 yeotS from 1990-2003; and
WHEREAS, Jeuy Cheeseman has volunteered, serving the youth of South Horida Little League
Organization for the past 27 yeotS; and
WHEREAS,Jeuy Cheeseman has attended the Little League World Series 17 yeotS in a row; and
WHEREAS, Jerry Cheeseman's Little League District 7 East Boynton Beach Little League Team was
crowned United States Champions in South Williamsport, Pennsylvania on August 23, 2003; and placed
second in the world in the finals of the Little League World Series in South Williamsport, Pennsylvania on
August 24, 2003; and
WHEREAS. Jetty Cheeseman's integrity; professionalism.. warmth, kindness, and compassion are
well known and recognized throughout the City of Dehay Beach, Palm Beach County, and the South Horida
Little League Organization, and these attributes serve as a reminder to us all to seek opportunities for service
to our fellow man and community.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Dehay Beach, Horida, on
beha1f of the City Commission do herehy proclaim that
The City Commisoion of the City of Delray Beach recognizeo and commends JERRY
CHEESEMAN for twenty-oeven ye.... of dedicated and faithful volunteet &etvic:e to the children of
Delray Beach and Palm Beach County, and further wiaheo him the best of health and bappioeoo in
the years to come. Mr. Cheeseman exemplifies that an individual can make a difference and
improve the quality of life in a community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of
Dehay Beach, Horida, to be affixed this 23'" day of September, 2003.
JEFF PERLMAN
MAYOR
foB
. AGENDA ITEM NUMBER: U
Date: Sept. 11, 2003
e
AGENDA REQUEST
Request to be placed on:
_Consent Agenda ~Regular Agenda _Workshop Agenda _Special Agenda
When: September 23, 2003
Description of Agenda Item (who, what, where, how much): Request Mayor's
signature on, and City ,Commission's issuance of, a Proclamation honoring Jerry
Cheeseman for his 27 years of volunteer service to the South Florida Little
League Organization.
Department Head W
Signature:
City Attorney Rev !Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes I No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: @No Initials: +
Hold Until:
Agenda Coordinator Review:
Received:
.
--.-
.
PROCLAMATION
WHEREAS, Jerry Cheeseman moved to Delray Beach with his family in 1976, 28
years ago; and
WHEREAS, Jerry Cheeseman is the devoted husband of Georgia and father of two
sons, Rick and Marc, and a daughter, Shannon; and
WHEREAS, Jerry Cheeseman has been a dedicated volunteer for the Delray Beach
Little League Organization as a coach for one year, vice president for 5 years, and League
president for ten years; and
WHEREAS, Jerry Cheeseman had worked as a professional for the IBM (International
Business Machines) Corporation for 29 years, promoted into various management positions
until his retirement at the Boca Raton plant site; and
WHEREAS, Jerry Cheeseman has served the United States of America as an officer
in the Vietnam and Desert Storm Wars; and :
WWERiAS, Jail y OI,88S9FF18F1 Ras a8fV6d fOI Un:, Urdts8 itotAC nf Amori~a~etired
in 1992 as a Lieutenant Colonel in the United States Air Force; and
WHEREAS, Jerry Cheeseman has been the little League District 7 Administrator for
Palm Beach County (North Palm Beach to Boca Raton) from 1990-2003, 13 years; and
WHEREAS, Jerry Cheeseman has volunteered, serving the youth of South Florida
Little League Organization for the past 27 years; and
WHEREAS, Jerry Cheeseman has attended the little League World Series 17 years
in a row; and
WHEREAS, Jerry Cheeseman's Little League District 7 East Boynton Beach Little
League Team were crowned United States Champions in South Williamsport, PA on August
23,2003; and
Leagl::l8 Tatun nt!5 ftJRABr l.Ip. la second in the world in the finals of the little League
World Series in South Williamsport, PA on August 24, 2003; and
WHEREAS, Jerry Cheeseman's integrity, professionalism, warmth, kindness, and
compassion are well known and recognized throughout the City of Delray Beach, Palm
Beach County, and the South Florida Little League Organization, and these attributes serve
as a reminder to us all to seek opportunities for service to our fellow man and community;
~
S:\Parb &. Recreation\Shared Files\Proclamationa\1.CHEESEMAN-PROCLAMATION.doc
- .
. .
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida,
on behalf of the City Commission, do hereby proclaim:
THE CITY COMMISSION OF DELRAY BEACH HEREBY RECOGNIZES AND COMMENDS
JERRY CHEESEMAN FOR 27 YEARS OF DEDICATED AND FAITHFUL VOLUNTEER
SERVICE TO THE CHILDREN OF DELRAY BEACH AND PALM BEACH COUNTY, AND
FURTHER WISHES HIM THE BEST OF HEALTH AND HAPPINESS IN THE YEARS TO
COME. MR. CHEESEMAN EXEMPLIFIES THAT AN INDIVIDUAL CAN MAKE A
DIFFERENCE AND IMPROVE THE QUALITY OF LIFE IN A COMMUNITY.
IN WITNESS WHEREOF, I have hereunto set m~ hand and caused the Official Seal
of the City of Delray Beach, Florida, to be affixed this 23R day of September, 2003.
MAYOR
Jeff Perlman
.
S:\Parb &: Recreation\Slwcd Fites\Proclamations\1.CHEESEMAN-PROCLAMATION.doc
tit
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WHEREAS, Florida little league teams have made n to the World Series in
Williamsport, Pennsylvania, 20 times and eight have reached the World Championship.
None have captured the imagination of the nation like the East Boynton Beach Little
League Team; and
WHEREAS, eleven boys of varying abilnies, from different backgrounds,
came together as strangers four years ago to indulge their passion for baseball and
their objectives were to enjoy themselves and to hone their skills in a sport they loved;
and
WHEREAS, one of the team's members, Richard DeJesus, came to the
Delray Beach City Hall in 2001 as part of the Florida City Govemment Week Job
Shadowing Program: and shadowed an employee in the City Clerk's office: and
WHEREAS, the East Boynton Beach Little League Team became the
embodiment of the little league's goal to help children become good and decent
cnizens. The boys demonstrated the ideals of honesty, loyalty, courage, and respect for
authority, both on and off the field during their stay in Williamsport, Pennsylvania; and
WHEREAS, the East Boynton Beach Little League Team has honored all
of South Florida by their athleticism, poise, and great sportsmanship on the national
stage.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby recognize the EAST
BOYNTON BEACH LITTLE LEAGUE NATIONAL CHAMPIONS and proclaim them to
be
"CHAMPIONS AMONG CHAMPIONS AND
AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR
THE CITY OF DELRA Y BEACH, FLORIDA"
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida to be affixed this 23'" day of
September, 2003.
JEFF PERLMAN
MAYOR
0C-
MEDIA RELEASE
For Immediate Release:
September 10, 2003 Contact: Ivan Ladizinsky PIO
(561) 243-7009
CITY OF DELRA Y BEACH TO GIVE EAST BOYNTON
BEACH LITTLE LEAGUE CHAMPIONS KEY TO THE
CITY
The East Boynton Beach Little League team that recently won the
U.S. Little League Championship in Williamsburg, P A, will visit the City of
Delray Beach Commission meeting on September 23,2003, to receive a
proclamation and a key to the City.
Mayor Jeff Perlman and the Commissioners extended the
invitation to the team who have been extremely busy and sought after by the
media, civic groups, business organizations, and admiring fans. Boynton
Beach and Delray Beach are good neighbors who share many interests in the
fields of education, economic development, and water treatment.
The East Boynton Beach Little League team has honored all of
South Florida by their athleticism, poise, and great sportsmanship on the
national stage. Delray Beach looks forward to recognizing their
accomplishments on September 23rd, 6:00 pm, at City Hall, 1 00 NW 151
Avenue, Delray Beach.
MyDelrayBeach.com
.'--. ".....~,~--..,------------~-_.._-,..~ -."-- ---~....-... - ------.__.~. -_.'~"'---'--"'-' -_.~ -
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1
WHEREAS, the lives of hundreds of children can be saved each year if
every community takes steps to make pedestrian safety a priority; and
WHEREAS, parents and caregivers should teach children about
pedestrian safety and become aware of the difficulties and dangers that children
face on their trip to school each day; and
WHEREAS, community leaders and parents should determine the
"walkability" of their community by using the Walkable America Checklist; and
WHEREAS, everyone should plan to make immediate changes to
increase the safety of children who are walking in our communities and devdop
a list of suggestions for improvements that can be done over time; and
WHEREAS, children, parents, and community leaders are joining
together nationwide to walk to school and evaluate pedestrian safety in their
community.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the aty of
Delray Beach, Florida, on behalf of the aty Commission, do hereby proclaim
October 8, 2003 as
WALK OUR CHILDREN TO SCHOOL DAY
in the aty of Delray Beach, and encourage all citizens to consider the safety of
pedestrians today and everyday.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Official Seal of the aty of Delray Beach, Florida, to be affixed this 23'" day
of September 2003.
JEFF PERLMAN
MAYOR
0,D
e7/17/2ee3 14:31 3e5854e5e4 J & C SMITH PAGE e1
.
Debres:
Woukl yoU please ask the Mayor to p1'eSent the proC......RtihQ to me at the Sep, 23rd City
Commiuion Meemg? That will give us the opportunity to say a few words about this year's
event, give the Connni9sioners their T-shirts, etc.
Thanks,
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AUacbments - two sample proclamations. 5&-4
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67/17/2663 14:31 3658546564 J & C SMITH PAGE 62
~ I'JOCJIlIII8tIOJIS l'Ige J 01 j
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..~_.-._._-_.-._-------~--
Sample Proc......t1ons
Scroll down fultherlD lliew 80m".. proclametiono.
om Q'" WIIIk fID lIcIlooI _ PN cll/llMlon
0ct0blIt 2. 2002
Contllct: (NMle, OrglllllDllon, 8Ild T8IIphone NllllIbIr)
Now Ill. .-:hooIla In ....Ion, moM chlldrwn ... MIlking 1Il8lld froIn ~bomocxl
aahoolf -IMIlY d IMm dullng U. buMII tm. oflhe diy, A lime 01.,. day wMn
many molOrlata "'"*,Ing III WOIk or hNdlng ~ aIlIr a tiring day . work. It" vilal
lhat Ihe ..r.ty of our chlld_ la addreeeed by making walking ... In our oommunlly.
Each year. an ~ 4.800 peclMtri"" lte killed - one 0IIt of MVtn of lhOM ...
child,.."
..... 111;', /IIll\chd. d childten CVUkf be llIVad MCh \I"r If ~ communlly ....
-"10 mae f*MtIlillJ' MfeIy a~.
....11., perante and call1Olvln Ihould INch chIIdten IIbout pedelb1an ""Iy and
beoome awaf1l of lIle dlfllcultkle and dangert Ihal children flee on Ihelr lIlp 10 IChool
MCh dIY.
WIler.... communlly lMdere and Plrenta IIIOUId dlItannlne the "walkabllllY' d Ihelr
oommunlly by ullng the Wallcablllty Chec:kIIt
-"'11, WII)'OIlIlhoukl malea a plan 10 111M Immedlatachangeelll incrI...1he
IIfIty or chllchn who ... walldng ~ our communlllal and . lilt d IUggMtiona for
Imp_11th. can be done aver lima.
WIlL... chlll:lren, Pll'lfl1I'nd communlly IMderelll'l jolnlng logItIher natlonwlde III
walk to Ichool and evaluate pedlltrtan ..r.ty In Iht/r oommunlty.
Now n.a........ Be" "'I III""" IhlIt I, (Name. TIlle of 0fllcIial) pIOClI8ft 0clDber 2,
2002, 'Wale kl8CIIllCII Oey" ~ (Name Of CIIy, 6IiIle) 8Ild -reoe ewryone 10
CIllI18lder lhe I8feIy or pedealr18nlloday and lMfYd8Y.
bap-JIwww. wa1ktoschool-\IlIILorslproclamalions.htm 9/412003
~-
a7l17/2aa3 14:31 3a5854a5a4 J & C 5MITH PAGE a3
~te !'roc1llDlat1olls Page 2 on
.
-
Proclamation
WIIBRBAS, hllDdreds of childND could be ..Yecl each yeaJ' II ewry
co_unity tabs *Pe to maIr.e peclestriaD lIIIfety a priority: and
WRER&\S. PlIftnw and careciW1'll abouJd teach childrea about
~..,., and b_a aware of t;ha cWI:kIIl,"- and d....... tbat
childreD f8ce on their trip to IIl:booI each day; and
WBEIIBAS, eommunity lead... uacI pueatl abauId det.ermiae the
..,.-\Ir.wllt,'" of thai.. eom~UDity; uacI
WlDRBAS, -.,.ooe ....d ~. a p1aa to maIr.e imllMdiata cIaupt
to i-.. the ~ or children who .. "aJIdaC IA OW' eommunitiel and a
Ii8t of lI\IIIIlRiDu Ibr illlpro..lMDtI thM can be cIonIt over time; and
WlDUAS. c.hIldl:ea. panmts aod ......munity leaders are ioiniDIr
toR8ther UUODwtde to walk 10 IChooI uacI evaluate pedestrian safety in
their ClOID.\Ilu,ait)':
NOW, TBBUPoU, (, ~ R. Taylor, MB1w oftha City of
n.....,~.. . bmlby prvcIaim
OCTOBER 2. 2001
I
- WALK OUR CHlLDRBN ro SCHOOL DAY -
and -... .,,1It1,..... to "OIIIicIer tile IllIaty ofpedeatria.na &oday and
every cIa7.
Ia wtcae.. Whereof, I b.a.. hmlalo .., my hand and caWllKl the
Seal vi the City of DovcIas to be alIlxed this I~ day of September, 2001.
~ 1~~L,-
DDeth Il ~
llofa:yM'
,
!
hUp:/Iwww. waIktoIchool-usa.OJ1J/procI8matiOlll.htm 9/412003
- -.-.--
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~
WHEREAS, October 2003 is Natioll2i Breast Cancer Awareness Month; and
WHEREAS, October 17, 2003 is National Mammogtaphy Day; and
WHEREAS, an estimated 200,000+ new cases of female breast cancer will be diagnosed in
2003, and 40,000 women will die from the disease; and
WHEREAS, an estimated 1,500 new cases of male breast cancer will be diagnosed in 2003;
and 200 men will die from the disease; and
- WHEREAS, early detection and prompt treatment can 5W'ihNlndy reduce suffering and
deaths caused by breast cancer, and
WHEREAS, mammogtaphy, an "x-ray" of the breast, is recognized as the single most
effective method of detecting breast changes that may be cancer long before physical symptoms can
be seen or felt
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Oelmy Beach, Florida,
on behalf of the City Commission, do hereby proclaim the month of October 2003 as
BREAST CANCER AWARENESS MONTH
and October 17, 2003 as
MAMMOGRAPHY DAY
in Dekay ~ Florida and urge everyone to become aware of their risk of breast cancer, talk to
their health care providers about breast cancer, and get screened for the disease. I further encourage
all residents to become involved in the war against breast cancer.
IN WITNESS WHEREOF, I have hereunto set my band and caused the Official Seal of
the City of Oebay Beach, Florida, to be affixed this 23'" day of September. 2003.
JEFF PERLMAN
MAYOR
foE
---
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." . ..
".. . Sample Proclamation I
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.
for
2003 National Breast Cancer Awareness Month
WHEREAS, October 2003 is National Breast Cancer Awareness Month; and
WHEREAS, October 17. 2003 is National Mammography Day; and
WHEREAS, over 200.000 new cases of female breast cancer will be diagnosed in
2003 and close to 40.000 will die from the disease; and
WHEREAS, almost 1,500 new cases of male breast cancer will be diagnosed in
2003 and over 200 will die of the disease; and
WHEREAS, early detection and prompt treatment can significantly reduce
suffering and deaths caused by this disease; and
WHEREAS, mammography. an "x-ray" of the breast, is recognized as the single
most effective method of detecting breast changes that may be cancer long before
physical symptoms can be seen or felt;
NOW. THEREFORE, I , Mayor of the City of ,
do hereby proclaim the month of October 2003 as NATIONAL BREAST CANCER
AWARENESS MONTH and October 17 as NATIONAL MAMMOGRAPHY DAY in
the City of
. Mayor
DATED THIS DAY OF 2003
(Please mail an original version of your proclamation to Crystal D. Swann, Assistant
Executive Director, U.S. Conference of Mayors, 1620 Eye St., NW, 4th floor,
Washington, DC 20006. It will be part of a Conference of Mayors 2003 National
Breast Cancer Awareness Month display.)
THE
MAYORS
CAMPAiGN (7/22/03)
AGAiNST
~REAST &[
ANCER
OK
~.
WHEREAS, the Order of the Sons of Italy in America (OSIA) are
Americans of Italian Ancestry who share in a number of cultures through their
heritage. They participated in Roman culture that gave them law, architecture,
music and painting; and
WHEREAS, as members of the Fraternal Order it is their desire to bond
together in the common the purpose of the group in the realization that
through intelligent, conscientious exercise of civic duties, they strengthen our
country and help to broaden the American way of life; and
- -
WHEREAS, for decades, OSIA and the Commission for Social Justice
have provided a wide variety of programs for the benefit of all Americans;
programs which include, the March of Dimes, the American Red Cross,
Cooley's Anemia Foundation, the Arthritis Foundation, United Cerebral Palsy,
Boys Town of Italy, The Children's Inn New Hampshire, the National Law
Enforcement Officers Memorial, and support of scholarships on the local, state
and national level.
NOW, THEREFORE, I JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf ofthe City Commission do hereby proclaim the week
of October 12, 2003 as
ORDER OF THE SONS OF ITALY IN AMERICA WEEK
in the City of Delray Beach, Florida, as the Lodge celebrates Christopher
Columbus and Italian Heritage, and recognize the importance of this very
worthy service organization.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 23rd day of
September, 2003.
JEFF PERLMAN
MAYOR
G,F
--..--
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ORDER OF THE SONS OF ITALY IN AMeRICA "-- ~ .
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DELRAY BEACH LODGE #- 2719 j -'.'
COLUMBUS DAY ITALIAN FESTA COMMITTEE
ChaipenoI. RonakI F. Albano
; 326 NW 22nd Street - Delray BeacI1. FIorlda 33444 . Tel. 561.274-9553 Fax. 561-330-0308
September 10. 2003
Fu 243-7199
JeIf PetInuIn
Mayor of DeIray BelIch
Delray Beach CIty Hall
100 NW 1st Avenue
DeJray Beech. FI
, . .'
I Re; OtWrof~ ofltalY~'~ CoIulniMOayF~October 11 and 12
~ ",:', '.
Deer Mr. Perlman. '\,'.'
..'.
Each ~ tile Order of the Sons or.~ ~.witt ne JOn(Ventul'll of Ihe Chamber of Comrn~, Ihe
Columbus D~ Italian Ff:IS\<I Wflich Ii l\eIdlit Velili1Jn'. Pm onOclober 11and 12 from 12 noon until
1 0:00pm.
Our lodge would be greatly honored If yoU can find th1eiil ~r busy 60hedule to open the Festa on
Oc:Iober 11 al12 noon with a few approPrtaterem~rk8. :~Ily, we would lI<e you to proclaim lIle
week prior to the Festa italian Herttage ~ih part Of Delniy'8 Herllage Month celebratlons.
FInally, we invite you to become an honorary member Of our Lodge. If you accept, we will install you at \he
Festa if you can attend or at one our regular monthly meetings held In lIle Delray Community Center each
3rd WedneSday of Ihe monlll aI7:3Opm. .
w. look forwa~ to your ~ll$ ancI should Ihere be lUly questions, feel ,fi:ee 10 (;(Intact me.
! ~l'llly.
~
Ronald F, Albano
~F
--"-'-'''- -
01<
4
WHEREAS, C'National Business Women's Week will be acknowledged and celebrated
during the First Annual event. "Progressive Interactive Expo, For & By Professional Women of
Pohn Beach County; and
WHEREAS, the focus is on women's professional concerns. The objective is to be
informative and educational, with seminars addressing: Laughter, Meotoring, Career Solutions,
Personal Safety, Business Depression, Wearing Many Hats, Organizational Skills, Visionary
Leadership, Unspoken Business Attitudes, Business Etiquette and Protocol, and many other
attributes of the working day; and
WHEREAS, the primary goal is to bring together the combined energy and knowledge of
professional women in Pahn Beach County for mentoring and educational potential; and the efforts
will benefit women by creating ideal conditions educationally, economically, socially, and politi~r.
National Business Women's Week will promote aod publicize the successes of professional women
on a local, state, and nationalleveI. along with offering resources through all avenues presented to
professional women; and
WHEREAS, the nation's workforce includes 66 million working women and the number of
women-owned firms with 500 or more employees increased 124% during 1997-2002, nine times as
fast al all women-owned firms and nearly triple the 45.8% growth among all firms with 500 or more.
Women-owned businesses account for 28% of all United States business, producing Sl.15 trillion in
sales; and
WHEREAS, Pohn Beach County businesses employ over 218,490 women in business.
Women-owned ugrowth" businesses are more likely to have owners who have worked 40 or more
hours per week than non-growth businesses. There are 29,178 women-owned businesses in Palm
Beach County employing ovet 28,000 people; and
WHEREAS, each United States president since Herbert Hoover has acknowledged the
contributions of women entrepreneurs and the first annual observance of National Business
Women's Week was in 1928. Consequently, due to the early efforts of the national Business and
Professional Women/USA, the concept has grown to be a nationwide salute to all working women.
NOW, THEREFORE, 1, JEFF PERLMAN, Mayot of the City of Delray Beach, Florida,
on behalf of the City Commission do hereby proclaim October 19, 2003 through Octobet 24, 2003
as
"BUSINESS WOMEN'll WEEK"
in Dekay Beach, Florida and encourage all businesses, civic and fraternal associations, news media,
working persons, employers, residents and community organizations to acknowledge the
tremendous contributions of women-owned businesses.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of
the City of Delray Beach, Florida, to be affixed the 23'" day of September, 2003.
JEFF PERLMAN
MAYOR
fo~
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f1P3 Page 1 of 1
'QS ,---.-.--.-
f:i (r'1 r~ n no ~. 1,'"'
Rangel, Delores ~" f. .,_ . ''> '" r. .' : \'. t I i
=,,-., n.,
,-"
From: Zip Zarza [zipzarza@3secondmotivator.com] . ,
SEP 2 C~'O
Sent: Tuesday, September 02, 2003 3:24 PM - (,If_! ,U
To: rangel@ci.delray-beach.fI.us I
0:T\' ---------...j
Subject: Proclamation and Invitation/Mayor ",,'.," ';';',3 ],] ill
Greetings, Mayor Jeff Perlman - City of Delray Beach
Thank you for taking the time to review the Proclamation request
and personal Invitation!
The attached Proclamation and Invitation was disbursed last Thursday during the
League of Cities meeting but we found due to other city business and vacations,
some of the Mayors and Councilmembers did not receive these.
May we be added to the September Agenda for an Official Signing Presentation of the
Proclamation? If time does not permit during the meeting, then a mailed copy would be
most appreciated.
The Professional Women of Palm Beach County need your support, again Thank You for
your time.
Please, check out \I\IV\IW.goR1e,COffi for more details, the donated site is being tweaked but
it's an informative visit.
Respectfu lIy,
Zip Zarza
3 Second Motivator & .com
Director of "Progressive Interactive Expo"
For & By Professional Women of Palm Beach County
561.681.4858
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
~b-
9/2/2003
-'..-------
PROCLAMATION
WHEREAS "NATIONAL BUSINESS WOMEN'S WEEK" October 19,2003 to October 24, 2003, will
be acknowledged and celebrated during the First Annual event, "Prollressive Interactive
EXDO". For & Bv Professional Women of Palm Beach County.
WHEREAS The focus is on women's professional concerns. The objective is to be infonnative and
educational based, with seminars addressing; Career Solutions, Unspoken Business
Attitudes, Organizational Skills, Visionary Leadership, MentaTing, Laughter, Personal
Safety, Business Etiquette & Protocol, Wearing Many Hats, Business Depression
aO(~ many other attributes of the working day.
WHEREAS The primary goal is to bring together the combined energy & knowledge of professional women
in Palm Beach County, for mentaring and educational potential.
The efforts will benefit women by creating ideal conditions, educationally, economically, socially,
and politically.
Also, to promote and publicize the successes of professional women on a local, state and
national level, along with offering resources through all avenues presented to professional women.
WHEREAS The nation's work force is comprised of66 million workingwomen.
The number of women-owned firms with 500 or more employees increased 124% durine: 1997-
2002 period, 9 times as fast as all women-owned firms and nearly tripled the 45.8% growth among
all firms with 500 or more. Women-owned business report for 28% of all U.S. business, producing
$1.1 5 trillion in sales.
WHEREAS Palm Beach County businesses employ over 218,490 women in business.
Women-owned "growth" businesses are more likely to have owners who have worked 40 or more
hours per week than non-growth businesses (70% vs. 40%)
In Palm Beach County there are 29,178 women owned business, employing over 28,000
WHEREAS Each U.S. President since Herbert Hoover has acknowledged the contributions of women
Entrepreneurs! The first annual observance of National Business Women's Week was in 1928.
From the early efforts of the national Business and Professional WomenfUSA, the concept has grown
to be a nationwide salute to all workingwomen. A 75 year spotlight on BPW programs and objectives;
has afforded the time to focus public attention upon a better businesswoman for a better business world.
NOW, THEREFORE, I of
Do hereby proclaim the week of October 19 to 24, 2003,
NATIONAL BUSINESS WOMEN'S WEEK
The ofPalm Beach County, Florida, encourages all
businesses, educational associations, civic and fraternal, news media, working persons, employers, residents and community
organizations to lend their support.
Zq, ZIU~
Director of the "Progressive Interactive Exoo" For & By Professional Women of Palm Beach County
2919 E North Military Trail #162
West Palm Beach, Florida 33409
Business: 561.681.4858 Cell: 561.313.4912
oeak(al,gooie.com
.~
.
The Professional Women of Palm Beach County
NEED YOU....and your support!
You set the Pace!
You're in a leadership role and
Professional Women, your constituents. look up to you!
Mentoring or "sharing" a small amount of your time,
along with having a good time, is all we ask!
PROFESSIONAL WOMEN OF PALM BEACH COUNTY, INVITE
YOU TO SHARE IN THE RECOGNITION OF
NA TIONAL BUSINESS WOMEN'S WEEK!
Progressive Interactive Expo is a two-part expo to address many issues and
Celebrate Professional Women.
You're invited, as an exemplary Professional Woman in Business....
To "mode]" professional fashions for the diversified and busy woman in business.
"Dress for Success - Celebritv Fashion Illustration - Brunchette"
October 16, 2003
or
to present during our Central Key Seminar in the
"p . 1 . E "
rogresslve nteractlve xpo
October 23,2003
Join your peers; share the stage with our County Commissioners, Mayors, Chamber of
Commerce-Executive Directors, Presidents of Women's Organizations, Celebrities and
dynamic leaders of our county!
. .
There are over 29,200 women owned businesses, employing over 28,000, who need YOU!
Will "You"jump aboard to mentor in the upcoming Professional Women in Business?
Please contact us regarding which representative (Mayor. Vice Mayor or Councilwoman) will be
available to support the Professional Women of their City!
Any questions please e-mail: peak@gopie.com
Zip ZCM"~ 561.681.'1-858
3 S~Mot'wat'at'
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fat' Cr 'By W01-1-WtVP"'~ W01-1-WtV afPcUm.-'Bea.dvCOtM'Ity
, 11
[IT' DF DELRRY BER[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
TELEPHONE 5611243-7090' FACSIMILE 561/278-4755
DELRA Y BEACH Write(s Direct Line: 561/243-7091
, I 0 . Ill'"
lIad
JI.AMIca CIty
~UII! MEMORANDUM
DATE: September 11, 2003
TO: City Commission
FR0M: SusanA. Ruby, City Attorney
SUBJECT: Re~olution Granting Authority to the Library to Obtain Operating
Grants Directina From the State
I have received by e"mail a request from John Callahan that the City adopt the
attached resolution no' later than September 23, 2003, so that the library can apply
for an operating grant directly from the state instead of going through the Library
Cooperativ~ of the Palm Beaches. If the library applies directly, they will avoid the
7 percent administrative fee.
John Callahan checked with the State and reports that the resolution would be
sufficient for the library to obtain the operating funds and that a contract is not
necessary, despite the requirement in the newly revised state law which permits
the library to make a direct grant request.
This resolution has nothing to do with the Construction Grant.
A copy of Mr. Callahan's e-mail, the resolution and exhibits, and the state law is
attached for your infonnation.
S~
Attachments
Cc: Barbara Garito, Deputy City Clerk
Library Board
John Callahan
<gti
-
RESOLUTION NO. 67-03
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY
OF DELRA Y BEACH, FLORIDA, APPROVING THE
SUBMISSION OF AN APPLICATION REQUESTING STATE
AID TO LIBRARIES GRANT FUNDING FOR OPERATIONS
AND MAINTENANCE OF THE LIBRARY, AND PROVIDING
REQUIRED ASSURANCES.
WHEREAS, effective July 1, 2003, the Florida Legislature amended Chapter 257 Florida
Statutes to allow application for State Aid to Libraries Grant Funding by municipalities for operating
grants; and, .
WHEREAS, in 'brder to meet the requirements for application for State Aid to Libraries
Grant Funding the City of Delray Beach is required to approve submission of the application and
make the following certifications provided herein;
-.
NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH! FLORIDA, THAT:
Section 1. .The City of Delray Beach is an eligible political subdivision.
Section 2. The City of Delray Beach is the single library administrative unit.
Section 3. The Delray Beach Public Library Association, Inc. is the designated governing
body to provide library services.
Section 4. The Library Director shall be the single administrative head employed by the
Delray Beach Library Association, Inc. with authority to manage or coordinate the operations of the
library and shall have an approved job description.
Section 5. The Library Director shall have an American Library Association accredited
professional degree, and have at least two (2) years of full-time paid professional experience, after
completing the library education program, in a public library that is open to the public for a
minimum of 40 hours per week.
Section 6. All operating funds will be centrally expended by the single administrative head
and as a part of the library's budget.
Section 7. The library will extend borrowing privileges without charge to residents of all
library service areas in the county that receive State Aid to Libraries Grants.
Section 8. The library will provide free library services.
Section 9. The library will participate with all libraries in the county that receive State Aid to
Libraries Grants in joint planning for the coordination of library services to residents.
Section 10. The library will continue to be operated a minimum of forty (40) hours per week.
Section 11. Attached hereto is Exhibit A, a three (3) year long-range plan, and Exhibit B, an
annual plan of service, that are approved by the Delray Beach Public Library Association, Inc.
Section 12. The City Commission hereby authorizes the Chief Executive Officer of the City
of Delray Beach. Florida to execute the application for Operating Grants.
Section 13. 1bept funds received by the City shall be transferred to the Delray Beach
Public Library Association, Inc.
Section 14. This Resolution shall become effective upon its passage and adoption.
PASSED AND ADOl>TED this _ day of ,2003.
A TrEST: CITY OF DELRA Y BEACH, FLORIDA
City Clerk MAYOR
2 RES. NO. 67-03
. '. .
EXHIBIT A
DELRAY BEACH PUBLIC LIBRARY
STRATEGIC PLAN
2002-2004
,
.. ....,.
,.,
EXCELLENCE ON PURPOSE
.
. .. . .
BOARD OF LIBRARY DIRECTORS
Daniel M. Murtaugh
President
Terry Pfeil
Vice President
Carol MacMillan-Stanley
Treasurer
, Jane Bassa-Tolliver
, Secretary
. ". John K. Burke
\'
.' Robert G. Currie
Steven Leveen
Georgina Kerr-Jarrett
Chris D. Wheeler
John J. Callahan, III
Executive Vice PresidenULibrary Director
2
, .' ' ,
STAFF PLANNING COMMITTEE
John J. Callahan, III
Library Director
Mykal Banta
Assistant Director for Public Services
Bonnie Stelzer
Community Relations Director
. Karen Evanson
Business Manager
Linda Otis
. " . Technical Services Librarian
.^ Lynda Hunter
Youth Services Librarian
Kathleen Hensman
Reference Librarian
Brian Coleman
Circulation Supervisor
3
, .
,
TABLE OF CONTENTS
I. DIRECTOR'S STATEMENT.........................,..............,........... 5
II. INTRODUCTION.......................................,..........,...,.,.....,... 6
III. VISION STATEMENT.......,.................,.................................. 7
IV. MISSION STATEMENT................ .,.. ..... .... ....., ..........,... ......... 8
.
V. HISTORY OF THE DELRAY BEACH LIBRARY SySTEM............ 9
,
VI. ANALYSIS OF LIBRARY ROLES............................................. 11
.
VII. ACTION PLANS.......................................,...........,..,.......,.,... 23
..
,.
A. CORE SERVICES PLAN................................................... 24
.
B. FACILITIES PLAN..........................................................., 27
-
C. FINANCIAL PLAN.............................................................29
. .
D. PROGRAMMING PLAN..................................................." 30
.
E. TECHNOLOGY PLAN.........................,........,.................,.. 31
F. STAFFING PLAN............................,.......................,........ 33
G. TRAINING PLAN............................................................ 34
H. MARKETING PLAN,......,................................,................ 38
4
. ,
I. DIRECTOR'S STATEMENT
The Delray Beach Public Library has been serving the City since 1913,
over 87 years. The current library building opened in 1950 and has been
expanded or renovated five different times. In the past fifty years, the City
of Delray Beach has undergone remarkable economic and social change
as well as an almost tenfold increase in its population. Through the years,
the Library has responded to the population growth by expanding its
facilities and services to meet the new demands of its customers.
With the current Library having outgrown its ability to serve our customers,
a new larger modem library will be critical to meeting the needs of our
residents in this new century. Site selection and architectural planning for
the new Library is well underway. This strategic plan will serve as a
blueprint for what needs to be accomplished over the next three years
prior to the opening of the new Library.
I am gratefuHo the City Commission and City Manager for their financial
support, to the Library Board of Directors for their support and advice, to
the Library Staff.who are out front delivering library service to our
,customers everyday, and to the Residents of Delray Beach who have
repeatedly stepPe9 forward with the funds needed to expand the Library
through the past fifty years.
.
.
John J. Callahan, III
5
, ..
II. DELRAY BEACH PUBLIC LIBRARY
INTRODUCTION
Excellence is no accident. It must be pursued daily, with vigor and with
vision. As competition for the public's attention and support becomes
increasingly fierce, today's library must never lose sight of its multiple
responsibilities to those it serves who believe that excellence is not only
desirable, it is mandatory.
Today, the Delray Beach Public Library cannot afford to be complacent,
relying on past accomplishments to sustain future viability. It must blend
tradition with expectation, expertise, and imagination. We must cherish
and preserve those resources and services that have made the Library a
cornerstone of the Delray community, but balance them with the resources
and services demanded by new constituencies with new preferences. We
are in a dynamic environment where the principle "listen to the entire
community" ?Ssumes paramount importance. A successful library reflects
. the diversity and character of its community. At the core of the Delray
Beach Public Library Strategic Plan 2002-2004 is a commitment to quality
Iibr~ry service that acknowledges the wants, needs and unique qualities of
:the people of Delr~y Beach.
"
,
.
6
, "
III. DELRA Y BEACH PUBLIC LIBRARY
VISION STATEMENT
Our vision is to become the best public library in Florida. We envision a
future where......,
. People think of the Library as their best source of information.
. Librarians are seen as providing links between people and information.
. The Library is the information, cultural and educational heart of the
City.
,
. .......
..
.
7
..
IV. DELRA Y BEACH PUBLIC LIBRARY
MISSION STATEMENT
Our mission is to enrich the lives of the individuals of Delray Beach's
diverse communities by creating and sustaining superior public library
services through responsive staff, dynamic collections, appropriate
technology and access to global information.
"
,
. , ,.
.
"
.
8
v. HISTORY of
DELRA Y BEACH PUBLIC LIBRARY
In 1913, forty women from the Ladies Improvement Society brought forty books,
covered them neatly and founded a Library. This was the beginning of the Delray
Beach Public Library. The Delray Beach Library Association was founded in
1939, but was still housed in the Woman's Club on Atlantic Avenue. The women
decided that Delray Beach should have its own library building and in 1939 a
campaign for memberships and contributions began and a Site Committee was
appointed. Lord and Lady Astor who were impressed by the effort kicked off the
campaign with a donation of $500. The City Council then decided to reserve
several lots owned by the City of Delray for this new Library building and in 1948
Southeast Fourth Avenue was chosen as the best site for the new Delray Beach
Library.
In 1949, determinecf to raise funds to begin construction on the new Library, a
fund drive took place and $14,000 was raised. In 1950 the Library moved to its
present location on SEFourth Avenue with several unfinished sections. The
Delray Beach News Journal said at the time, "Culminating in almost ten years of
planning and one year of.actual construction, the Delray Beach Public Library
opens its doors for the first time in its own building." The late Jack L. Saunders
was quoted as saying, "Every town needs good schools, churches and a library.
Delray Beach'has the churches, the new school is almost completed and now we
have the beginning of a library." During this period the Library remained open for
40 hours per week.
In 1952 the first branch library for Black residents opened in a room of the Mt.
Olive Baptist'Church Education Center. Later, the library was moved to the
Carter High School.
In 1967 the Delray Beach Lions Club donated the first New York Times large-
print weekly newspaper and the Reader's Digest large-type editions. They
committed to continue to fund projects that enabled the library to serve the
visually handicapped. To this day, our Library continues to have an outstanding
collection of large-print materials and a magnification reader that is available in
the Reference Room.
In 1968, a new two-story addition adding 7,500 square feet to the Library is
dedicated. In 1975 another new addition, the "Garden Room" added more space
for special collections. Construction of the 3,100 square foot Auditorium was
completed in 1985 and the Library began to offer several programs for adults and
children. Today the Library offers hundreds of programs for people of all ages
each year in this Auditorium.
9
A major accomplishment in the Library's development occurred in 1986 when the
Delray Beach Public Library was computerized. Videos and books-on-tape were
added to the collection in 1987.
In an effort to offerJhe best possible library service to all the citizens of Delray
Beach a new Children's room, Boardroom and quiet study area were completed
in. 1988. In order to keep up with the latest technology, the Library introduced
CD-ROM, FAX and a compact disc collection in 1990.
The Delray Beach Public Library began to offer instruction in the use of its "new"
computerized card catalogue in 1993, as well as installing a new Book Security
System to prevent book theft.
In 1994, all of the Library's lighting was upgraded and a Donor Board was
installed in the Main Reading Room to acknowledge major corporate and private
donors. The Library's Volunteer Program began in October with just 8 volunteers.
Today the Volunteer Program includes 44 Library volunteers providing
assistance throughQut all Library departments. In a continued effort to offer the
best Library service possible, Sunday hours began in 1994.
.
In 1998 ADA lifts and shelving were installed in the South mezzanine area of the
librarY arid the Internet arrived. Not only did the Library have its own home page
at www.delravlibrarv.ora:but also for the first time, patrons had access to the
Internet through an Enhanced Connectivity Grant, awarded by the State Library.
This grant gaye the Library 12 computer terminals with Intemet access, including ~-
four stations in the Children's Department.
.",
In April of 1999, John J. Callahan, III became the new Library Director and the
Library Board of Directors once again confirmed its commitment to design a new
Library in oreler to offer the best collection and services to the" All American City"
of Delray Beach. The Board then embarked on a site selection process, which
included a design charrette, attended by over 175 residents of Delray Beach in
June of 1999. The site selected as a result of this process was on West Atlantic
Avenue just west of Swinton Avenue. The architectural firm of Perkins and Will
was then hired to begin the design process.
In the year 2000, the Library celebrated fifty years on Fourth Avenue and 87
years serving the Delray Beach community. As we approach the year 2002,
exciting plans are underway to build a new Delray Beach Public Library that will
meet the needs of today's users and Library users well into the future.
10
VI. DELRA Y BEACH PUBLIC LIBRARY
ANALYSIS OF LIBRARY ROLES
,
This section analyzes typical ways that libraries serve the public in
response to community needs and in support of the library mission. After
studying past survey and focus group results, along with informal
customer feedback, the staff carefully reviewed each role to determine
which roles fit the needs of this community, to see which roles the public
and staff view as most important and to determine what resources are
necessary to carry out the role and to decide which roles will be
emphasized by the Delray Beach Public Library.
The roles selected are:
1. Recreational Reading Materials - High Priority.
2. Reference Services:"" High Priority.
(Includes: General informationllifelong leaming, business and career
. information,' consumer information, govemment information, local
. ,history and genealogy, and cultural resources.)
3. Provide mate~ls to support curriculum-based learning - High Priority.
4. Community Meeting Place - High Priority
5. Assistance in'finding, evaluating, and using information effectively
6. Promote awareness of and provide access to new computer
tec:;hnology.
7. Basic literacy.
8. Cultural awareness.
.
11
ROLE 1
RECREATIONAL READING MATERIALS
What Is this Role?
Having a current collection of materials on subjects of popular interest has
long been considered a major role of the public library. In recent years
books, videos, audio books, and other media have been in high demand.
Reader's advisory service or assisting the public in finding recreational
reading materials appropriate to their age, reading abilities, and reading
interests is also an integral part of this service. Book related programs
and programs on topics of current interest further enrich this service.
Strategic Plan for this Role - Priority: High
Comments from customer's surveys and focus groups indicate that
providing' more up-to-date material is most important to our customers.
The ability to provide best-selling fiction in sufficient quantity to meet the
. demand has always been a challenge for public libraries but it has been
. especially challenging to underfunded libraries. Providing enough videos
and audio books further stretches available resources. Due to limited
resources and high demand for these items, it is inevitable that there will
be a w;:3iting . list for these very popular items. Diverting more money to
"high demand" materials would leave other parts of the collection severely
lacking while pleasing one segment of our customers at the expense of
others. . The Library needs to maintain a balanced approach to collection
development.
.
Over the Next Three Years the Library will:
1. Continue its efforts to improve and streamline the reserve/hold process
in order to get maximum use of the best sellers that are purchased.
2. Continue to offer popular fiction and resources on current topics in a
variety of formats for all ages.
3. Strive to maintain a balance between its collection of recreational
materials, its resources on current topics and its reference and
instructional holdings.
4. The Library will provide and maintain an extensive collection of
circulating materials on a wide variety of topics of interest to the
general public.
5. Train staff on the use of traditional and electronic reader's advisory
tools so they can help the public find recreational reading other than
those items on best seller lists.
12
,
6. Provide lists of best sellers, new items and recommended reading.
Publicize best sellers altematives.
7. Continue to provide book-related programming and programs on
current topics.
The above concepts are included in the following plans:
Core Services
. Programming
Marketing .
Technology
,
.
. "
co
.'
.
13
..
ROLE 2
REFERENCE SERVICES
What Is this Role?
The following role or service responses are grouped together under the
category Reference Services. The nature of Reference Services has
been dramatically altered by technology over the past decade. Access to
electronic resources and the Intemet has significantly extended the
information available to even small libraries. It has also revealed a need
for librarians to be trained so that they can effectively use and instruct the
public on using these new access methods and formats.
Generallnformatlon/Llfelong Learning
. Assist the community in locating answers to specific questions.
. Find sources of information on a wide variety of topics needed for
school, work or personal enlightenment.
,.,Provide walk-in or telephone assistance.
. Maintain collections of reference materials to ensure that information
on all topics is readily available.
. Assist the public in evaluating and using a variety of information
resources, including resources that are on the Web. - --..-
Business and Career Information
. Provide resources and programs dealing with information for small
businesses, entrepreneurs, and for those seeking career information.
. Provide current books and other materials dealing with investing,
starting and opening businesses, and studying for civil service and
other career exams.
. Provide computers containing word processing software to enable
customers to write resumes, draft reports, etc.
Consumer Information
. Provide individuals with the information they need to make
knowledgeable decisions regarding the price, quality, reliability, and
longevity of goods and services.
. Provide resources and programs on topics such as health, nutrition,
and childcare.
14
m...______,"__'''_
. ,
Government InformatIon
. Provide local, state, and federal government documents.
. Assist the public in finding information about elected officials
Local History and Genealogy
. Provide reference materials and services in languages that reflect the
social, intellectual and artistic characteristics of the community.
. Maintain specialized collections which provide cultural information.
Strategic Plan for this Role - Priority: High
Over the next three years, the Delray Beach Public Library should
maintain Reference Services as a major role. The Library recognizes that
training of staff and the public on electronic resources is critical and should
be ongoing. The Library will:
'1. Widely publicize telephone reference and electronic resources.
2. Conduct staff training that enhances their knowledge of electronic
,resources arid improves their skills at instructing others to use those
resources.
3. Provide formalfZed public training on navigation of the Library's
catalog, effective use of electronic databases, and on basic Internet
Iite~cy, including evaluating the validity of Web information.
The above concepts are included in the following plans:
Core Competencies
Training
. Marketing
15
.
ROLE 3
PROVIDE MATERIALS TO SUPPORT CURRICULUM BASED
LEARNING
What Is this Role?
Providing learning support means assisting students enrolled in specific
educational programs or through a program of home schooling, by
acquiring collections that include materials to support the curriculum. The
Delray Beach Public Library has put more emphasis in assisting grades K-
12 and has left it to the college and university libraries to meet the needs
of their students. The Library's emphasis has been on providing
supplemental materials, not textbooks.
Strategic Plan for this ~ole - Priority: High
The Delray Beach Public Library will continue to put high emphasis on
supporting the needs of students. The Library recognizes an inability to
.support learning at all levels. Our emphasis will remain through high
school. Most library activities are conducted to encourage and promote a
love of books, to ~uild a habit of lifelong reading and learning and to assist
with homework assignments. Library staff are not trained in the skills
needed to teach reading. The teaching of reading has traditionally been
the responsibility of the school system and should continue to be so. The
LIbrary will:
1. Contihue to provide and develop programs in support of learning.
2. Continue to offer a wide range of print and electronic resources to
assist students with homework.
3. Pursue opportunities to partner with local schools.
The above concepts are included in the following plans:
Core Services
Marketing
16
ROLE 4
COMMUNITY MEETING PLACE
What is this Role?
Libraries traditionally provide space where community members meet and
interact. This can take the form of craft and story programs for children,
town meetings, public hearings, classes, and cultural presentations. The
Library's community room has been made available to non-profit groups at
no charge. Programs for children are geared, not only to the socialization
of children, but also to the needs of the parent to interact with other
parents. Toddler programs in particular encourage a wide range of
interaction among the child, the parent and the librarian. The use of the
Library for .a-mail has burgeoned in recent years, especially for those
unable to afford a computer at home and tourists. Libraries often are
social gathering places for students, substituting for malls and movies.
Literacy tutoring, language instruction, assistance with tax preparation,
and other progr:ams of interest to the community add to the use of libraries
as community centers. Customers often mention a strong desire for
"traClitionallibrary decorum i.e. a quiet atmosphere for reflection,
concentration and:study. The need for quiet space needs to be balanced
with the Library's role as a place of activity and excitement. Separate
areas, where feasible, should be established to accommodate both needs.
Strategic Plan for this Role - Priority: High
TheLibtary often functions as a community meeting place without any
effort on the part of staff. It is a byproduct of students doing homework or
people attending programs. The Library will:
1. Continue to offer programs on a wide variety of topics to the
community.
2. The new Library to be designed will include spaces for community
forums and programs, small conferences or group study rooms, and
quiet reading areas.
The above concepts are included in the following plans:
Marketing
Facilities
.
17
ROLE 5
ASSISTANCE IN FINDING, EVALUATING AND USING
INFORMATION EFFECTIVELY
What Is this Role?
Libraries and library staff have always played an important role in
facilitating the user's search for infonnation and materials. The multi-
faceted nature of library services and materials results in a need for that
facilitation. Complex reference tools in print fonnat require skills that most
one-time users do not possess. Electronic reference tools require
knowledge of effective search strategies to be useful. Bodies of literature,
such as that written for children or young adults, are more successfully
navigated when knowledge of that literature is possessed. The library
often fills the role of infonnation broker or middleman between the
infonnation provided and the infonnation user. The Library attempts to
recognize and collect works that are considered .standards" in their fields,
while weeding out materials that carry outdated infonnation. The
,development of library collections provides a stark contrast to the
ungoverned Intern~t, where the wealth of infonnational materials are
neither selected nor collected but are of a timeliness and currency
unmatched by print sources. The library provides a variety of options,
often steering users in the best direction to fulfill their needs. Customers
expect staff to be available, knowledgeable, and capable of helping them
under all conditions.
Strategic' Plan for this Role - Priority: High/Medium
The ability to help users navigate the resources, or educate customers to
use materials self-sufficiently, requires a staff that is approachable, helpful
and knowledgeable. The Library will:
1. Emphasize training of staff in the use of electronic and print media,
resulting in a staff that is capable of guiding the infonnation seeker to
the most productive path possible.
2. Seek and develop means to educate infonnation seekers regarding the
ungoverned nature of the Internet, and the need for vigilance and
critical thinking to evaluate the sources found there.
3. Develop core competency training, improve customer service skills,
and refine staffs ability to analyze patron's infonnation needs.
The above concepts are included in the following plans:
Core Services
Training
18
\
ROLE 6
PROMOTE AWARENESS OF AND PROVIDE ACCESS TO
NEW COMPUTER TECHNOLOGY
,
The Delray Beach Public Library currently provides access to on-line
information through our network. The on-line catalog, Internet, and a
variety of electronic reference databases are available within the Library
and by April 2001 will be accessible through the Library's home page.
Word processing, spreadsheets and other software are also available.
Library staff and volunteers, increasingly and routinely, provide instruction
and assistance with these computerized services and software. The
Library has experimented with providing group training on the use of the
various resources but due to the limitations ofthe Library's physical layout,
the experiment was unsuccessful and has been discontinued. Customers
needing extensive training have been referred to the T.E.D. Center and to
-local busi.nesSes. In assisting customers, library staff must determine the
level of instruction to which individual users are receptive, and must judge
whether to attempt to further develop the customer's electronic skill or to
.simply find and retrieve the most pertinent information on their behalf.
o.
Strategic Plan f~r this Role - Priority: Medium
While the Library cannot replace computer education in a formal setting,
we must strive to introduce and promote basic computer literacy in today's
society. Every resident, regardless of age, economic status, or
philosop~ical persuasion, deserves to have access to the electronic
environment that will shape tomorrow's world. The Library will continue to
serve1he community by providing a gateway to these resources and by
empowering people to know and use emerging technology. The Library
will:
1. Continually evaluate and redesign the Library's website to make it
easier for customers to access the Library's resources.
2. Maintain an ongoing technology training program for staff. Teach staff
the theory and skills involved in teaching others.
3. Use a variety of methods and settings to teach users to navigate the
Library's network and its resources. Design the new building to include
facilities that will facilitate training of staff and public.
4. Promote awareness that not all information found on the World Wide
Web is authoritative.
5. Educate users regarding legal issues, such as copyright law,
expectation of privacy, and intellectual freedom.
19
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The above concepts are included in the following plans:
Facilities
Technology
Training
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ROLE 7
BASIC LITERACY
What Is this Role?
Literacy is defined as the ability to read and write, The entire concept of
"libraries. is based upon this knowledge. The Delray Beach Public Library
believes the gift of reading and writing is extremely important, and
therefore should be encouraged and pursued at every opportunity.
Literacy skills are enhanced with the availability of reading materials
appropriate for beginning readers, whether they are children or adult new
leamers. The library has always maintained on open-door policy of
providing space for literacy tutors to meet and interact with students in a
quiet and serene environmenf
. Strategic. Pilm for this Role - Priority: Medium
The Library maintains a successful relationship with the Palm Beach
.County Literacy Coalition and refers adults in need of literacy tutoring to
the coalition. Adult learners have many reading difficulties and disabilities
which can be best addressed by a reading specialist and not a librarian.
The Library will focus on .providing the necessary tools to reinforce literacy
efforts.. The library will:
1. Continue providing information and referring people to existing
community literacy programs.
2. Contiriue to provide high quality children's programming, which
introduces books and reinforces the importance of reading.
3. Continue to provide collections of high interesUlow vocabulary
materials.
4. Continue to provide space for tutors and students to meet.
5. Investigate computer software to improve reading and writing skills.
6. Develop and implement book discussion groups for adults, teens and
children.
7. Develop tools to assist parents with selecting materials for young
readers.
8. Continue the Summer Book Caravan to introduce the Library to the
community's young people and to encourage reading.
The above concepts are included in the following plans:
Core Services
Programming
Technology
Marketing
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ROLE 8
CULTURAL AWARENESS
What Is thIs Role?
Cultural awareness is the understanding of one's own cultural (social,
artistic, intellectual, and spiritual) heritage and the cultural heritage of
others. The Delray Beach Public Library reflects the culture of its
community with library materials, services and programs. Programming is
regularly scheduled that reflects the cultural diversity of the community.
With free service, access to wide-ranging resources and services, the
Library has a unique position as a cultural bridge for the community.
~ Strategic Plan for this Role - Priority: Medium
The Delrayaeach Public Library with its free informational services,
collections, services and programs, is a unique cultural institution for the
. comniunity. The Library will:
. ,.
1. Continue to collect materials in various languages for all ages that
reflect the social, intellectual and cultural characteristics of the
community.'
2. Maintain, recruit and develop staff who are fluent in languages that are
reflective of the community.
3. Continue to provide programs that support participation and inclusion
from all cultural elements.
4: Increase the amount of the materials budget for languages reflective of
the community.
5. Continue to disseminate information for non-profrt cultural agencies in
the community.
The above concepts are included in the following plans:
Core Services
Marketing
Programming
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ACTION PLANS
The action plans that follow outline the direction for the Library for the next
three years. They were developed after careful study of Oelray Seach
demographics, focus groups, survey results, and analysis of Library roles.
These plans will be reviewed and revised, as necessary, on an annual
basis.
PlanA: Core Services' Plan
PlanS: Facilities Plan
PlanC: Financial Plan
PianO: Programming Plan
PlanE: Technology Plan
, Staffing Plan
,PlanF:
"
PlanG: Training Plan
PlanH: Marketing Plan
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PLAN A - CORE SERVICES PLAN
The Delray Beach Public Library's Core Services include:
. Circulation
. . Reference
. Children's Services
. Community Enrichment
Circulation:
As part of the Library's mission, the Library is charged with providing the
public with free access to a dynamic collection of library materials in a
variety of formats. By providing an ever-changing collection, the Library
provides the public the means for developing and enhancing their lives
through lifelong learning.
,
The Library will provide and maintain an extensive collection of circulating
materials on a wide variety of topics in which the general pubic has a
. su~tained interest. Collections will be easily accessible and organized to
encourage publictlrowsing by subject area. The Library may build
substantial retrospective collections on some topics and may provide
collections in considerable depth in subject areas of local interest.
Reference:
..
The goal of reference services is to help people of all ages find information
that meets their diverse personal, educational, and professional needs.
Reference Services, offered by the Library, provides prompt and accurate
information in person, on the telephone, or electronically via e-mail.
Children's Services:
The goal of Children's Services is to encourage children, to develop a love
of reading, learning and libraries, story times, puppet shows, the Summer
Reading Program and other special events provide a comfortable setting
where children's confidence, reading skills and sense of community are
developed.
Community Enrichment:
This service promotes community enrichment, economic vitality and
individual achievement by providing: access and training on the Internet
and electronic databases, access to electronic information from home or
24
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office, services for targeted groups such as the business community, and
quality adult programs on literature and informational topics.
Oblective One: Develop the materials collections to ensure diverse
coverage of informational, recreational and educational materials in a
variety of formats.
.
Task 1.1 - Through the budgeting process, gradually increase the
Funds expended on library materials from the current $4.25 per
Capita to $7.50 per capita.
Task 1.2 - Review and update the Collection Development Policy.
Task 1.3,... Select and acquire 12,000 items per year for 2002-2004
bringing total holdings to 130,000 items by 2004.
~ectlve Two: Standardize the quality of Reference Services and
. Reader's Advisory Service.
.
, Task 2.1 '- Develop core competency benchmarks for staff at all
. ," levels by J~ne 2004.
Task 2.2 ..;. Provide training for staff on Reference and Reader's
f'.dvisory core competencies by December 2002.
'Task 2.3 - Use core competencies benchmarks to evaluate
employees performance by September 2004 and ongoing.
. task 2.4 - Emphasize Reader's Advisory Services to educate
users about the broad range of materials available to them.
. Identify electronic Reader's Advisory resources and train staff
on their use by July 2004.
Task 2.5 - Increase the use of the Library by children and young
adults.
. Focus youth programming to emphasize books and reading and
include more family programming by December 2002 and
ongoing.
. Establish an electronic book club (website) for children to review
books and suggest titles by December 2002 and ongoing.
. Establish a Teen Advisory Council by December 2002 to involve
teens in the Library.
. Implement an interactive website such as "Ask the Librarian" by
April 2002.
25 .
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. Enhance outreach services to children and day care staff
regarding the use of the Library, reading readiness sources, and
the importance of sharing books with children.
. Encourage children to read during the summer.
. Continue the First Look/First Book Program.
. Continue the Summer Book Caravan.
Oblectlve Three: Increase hours of operation.
Task 3.1 - Research staffing needs and costs to open Monday-
Thursday 9:00 a.m. - 9:00 p.m., Friday - Saturday 9:00 a.m. - 5:00
P.m. and Sundays 1 :00 p.m. - 5:00 p.m. year round.
~ectlve Four: Promote community enrichment, economic vitality and
individual C!chievement through reading and lifelong learning.
Task :4.1 - Provide access to electronic resources by remote users
by.June 2002.
Task 4.2 ~ Expand infonnation services to the business
. ,. community:..
. Provide ihfonnation on Library Business Services to the
busineSs community through targeted library programs, tours or
classes. -
..Task 4.3 - Increase adult program attendance by 5% annually.
T.-k 4.4 - Maintain and enhance Business Infonnation Services to
,the community.
26
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PLAN B
FACILITIES PLAN
Oblectlve One: To ensure that the building and grounds are clean, safe,
and inviting for all patrons and staff.
Task 1.1 - Maintain perfonnance of janitorial subcontractor.
Task 1.2 - Investigate options for landscape maintenance, tree
trimming etc.
Task 1.3 - Monitor conditions of the buildings mechanical and
electrical systems.
Q2Jectlve Two: Provide a new, state of the art library for Delray Beach.
,
Task 2.1 -: Acquire selected site by December 2002.
. _. Task 2.2 - Passage of referendum removing deed restriction by
March 2001.
Task 2.3 ~ Completion of inter-local agreements with Palm Beach
County, for shared use and parking at the West Atlantic Avenue --- ~
., site by December 2002.
Task 2.4 - Completion of agreement with CRA for acquisition of the
West Atlantic Avenue site and divestiture of current library property
, by December 2002.
Task 2.5 - Completion of programming phase of building plans by
May 2001.
Task 2.6 - Establishment of fundraising subcommittee by October
2003.
Task 2.7 - Completion of schematic design by September 2001.
Task 2.8 - Public launch of fund drive by Novemebr2003.
Task 2.9 - Completion of construction drawings - December 2003
Task 2.10 - Groundbreaking - March 2004
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Task 2.11 - Selection of vendor for opening day collection - May
2004
Task 2.12 - Substantial completion of building - April 2005.
Task 2.13 - Selection and ordering offumiture. shelving etc.-
. November 2004
Task 2.14 - Receipt and set-up of furniture - AprillMay 2005.
Task 2.15 - Receipt of book collections - May 2005.
Task 2.16 - Formulation of Grand Opening Gala Committee -
January 2005
Task 2.17 - Grand Opening Celebration - May 2005.
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PLAN C
FINANCIAL PLAN
Goal One: To gamer sufficient financial support to be able to accomplish
the Library's mission and achieve its vision.
ObJectJve One: Increase the level of support provided by the
City of Delray Beach to $25 per capita.
Task 1.1 - Provide regular reports to the City Manager and
Commissioners on the Library's accomplishments and impact on
the community.
Task 1.2- Lobby City Commissions for an increase in the Library
grant.
,
Task 1.3 - Lobby local state legislators for an increase in state aid
to public. libraries.
. ......
ObJective Two: Raise sufficient funds to construct and fumish the new
library and establiSh a permanent endowment to assist in funding ongoing
operations.
Task 2.1 - Recruit a capital campaign committee.
Task 2.2 - Investigate re-establishment of the Library Foundation.
. Task 2.3 - Continue presenting the Library's plan to community
groups.
QIlJectlve Three: Improve fund solicitations to maximize results.
Task 3.1 - Develop database of most likely donors.
Task 3.2 - Solicit and develop corporate sponsors and members.
Task 3.3 - Jncrease Library Association membership.
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PLAN D
PROGRAMMING PLAN
Goal One: To provide informational, educational, and culturally enriching
programs and exhibitions which are reflective of our diverse community.
Obiective One: To provide cost effective, theme-based programs and
exhibitions which may also enhance patrons interest in Library collections
and services.
Task 1.1- The Community Relations Director will identify annually,
by September, themes for annual programming and exhibitions.
Task 1.2- The Library Director and Community Relations Director
will establish an annual programming budget by August of each
year. c'
Task 1.3 - Programs will showcase local artists, actors, musicians,
. ,. cultural organizations, and exhibitions to complement the current
programming theme.
Task 1.4 ~ The Library will continue the four book discussion
groups held in the Library and investigate expansion of the
program.
The Programming Plan will be reviewed and revised annually by
September.
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PLAN E
TECHNOLOGY PLAN
Goal One: To update the Library computer network to provide faster,
more efficient access to electronic resources for Library customers.
Oblective One: The Library will replace its current library automation
software, Athena, with a more robust, fully functional system that will
provide a full range of services to customers both on-site and remotely via
the Intemet.
Task 1.1 - Complete technology plan forth enew library by December
2003.
QJlIectlve Two: The Library will review and incorporate appropriate
technologies, to allow upgrading and enhancing hardware, software and
. telecommunications capability as needed.
, Task 2.1- Establish a computer workstation replacement plan.
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Task 2.2 ~ Phase out obsolete workstations according to the
replacement plan.
Task 2.3 - Investigate the use of self-checkout and self-check in
'technologies for inclusion in the new Library by February 2004.
Task 2.4 - Investigate the use of SIRSI acquisitions module by
. January 2002.
Q21ective Three: Increase network bandwidth, augment the speed and
enhance Intemet access.
Task 3.1 - Investigate implementation of wireless technology in the new
library
Q21ective Four: Identify sources to supplement the automation budget.
Task 4.1 - Continue to apply for e-rate funds as they become
available on an annual basis.
Task 4.2 - Seek additional funding sources such as grants on an
ongoing basis.
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PLAN F
STAFFING PLAN
Goal One: To maintain adequate levels of public service, support and
administrative staff to carry out the Library's goals, objectives and tasks.
ObJective One: Identify staffing requirements for the new building.
Task 1.1 - Determine hours of operation for new library.
Task 1.2 - Determine minimum number of staff required to operate new
facility based on number of service points and hours of operation.
Task 1.3 --Meet with City Manager to discuss phase-in of additional staff
through annual budget process.
QbJectlve Two:' Retain existing staff and enhance recruitment for new
emp!oyees.
;. ...'.
Task 2.1 - Conduct salary and benefit survey of competitors in our job
market and the City of Delray Beach by July 2003.
Task 2.2 - Enhance reputation of the Library by publicizing library news
and e~ents in library literature.
Task 2.3 - Establish a tuition reimbursement plan for staff to improve staff
qualifications and to allow upward mobility.
32
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PLANG
TRAINING PLAN
Goal One: To train staff in the use of the varied range of infonnational,
educational and recreational resources available through the Library and to
assist staff in their professional responsibilities.
Objective One: To design, develop and implement an ongoing schedule of staff
training covering three major areas; computer training, customer service training,
and core competencies (see attachment A).
Task 1.1 - By September 2003, develop a plan that will include a cost
analysis and the following elements:
- .Investigating existing training models and exploring various training
options I.e. on-the-job, in-house, video, online tutorial, outside sources
i.e. vendQrs, SEFLlN-, Soli net, LCOPB, etc.
- Selecting the most appropriate training method.
_. Identifying trainers and assigning the training.
.-.Oeciding where training will be conducted.
. Developing a s.chedule of training.
- Establishing a means of evaluating the training.
."
Task 1.2 - Training will begin by March 2004.
Goal Two: To provide training to customers on the use of electronic resources in
order to enable ~hem to be self-sufficient in the use of these products.
.
Objective One: To design, develop and implement an ongoing schedule of
public training covering two major areas: Computer Training and Library
Resources (see attachment B).
Task 1.1 -Investigate existing training models and explore various
training options I.e. in-house, vendor, video, online tutorial, volunteer, etc.
by December 2001.
Task 1.2 - Develop a .plan for each component that will include:
- Cost analysis
- Selecting the most appropriate training method.
- Identifying trainers and assigning the training.
- Using in-house and outside sources to train the trainers.
- Identifying those who need to be trained.
- Developing a method of evaluating the trainers' skills.
- Deciding where training will be held.
33
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. Developing a training schedule.
. Establishing a means of evaluating the training.
Task 1.3 - Training will begin by May 2002.
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ATTACHMENT A
TRAINING PLAN
STAFF TRAINING COMPONENTS
ComDuter Tralnlna:
1. Basic computer literacy - using a mouse and windows.
2. Databases
3. SIRSI - beginners, advanced, refresher.
4, Internet and e-mail.
5, PC troubleshooting - for public services staff.
6. Office software.
Customer Service Tralnlna:
1. Phone etlquette
'2. Communication skills
3.. Resolving problems and conflicts.
, 4. Marketing the Library and effective public relations.
;. ,"'.
Core ComDetencles:
.'
1. Circulation
2. Adult Reference Services
3. Youth Services
.
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3S
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ATTACHMENT B
TRAINING PLAN
PUBLIC TRAINING COMPONENTS
ComDuter Tralnlna:
1. Basic PC Training - to include training on the basic use of all in-
house computer equipment.
2. Basic Internet Training - to include an introduction to the Intemet,
search engines, web browsers, and site evaluation.
3. Advanced Internet Training - to include training on subject-specific
topics and advanced searching concepts.
4. E-mail - to include training on popular free e-mail services available
over the Intemet.
Library Resources:
1. Online CaQilog - to include an overview of what services and indexes
, are available through the SIRSI/COALA System and how to make use
. 'of them.
2. Library Databases - to include basic classes offering an overview of
databases available through the Library and advanced classes on
specific databases and subject areas.
.
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PLAN H
MARKETING PLAN
Goal One: To increase public awareness and usage of the Library and its
resources, programs and services.
Oblectlve One: Establish an ongoing marketing campaign to promote
public awareness and usage of the Library, its programs, collections and
services.
Task 1.1 - Establish a Marketing Committee, by April 2002, chaired by the
community Relations Director, whose charge is to develop a marketing
plan on an annual basis.
. The Marketing Committee will develop a Library logo and slogan
by December 2002.
. . The Marketing Committee will identify annual literacy events to
promote via the net page and if appropriate, media, flyers,
bookmarks and bibliographies by September 2002, Le. Library
. ...... Lover's Month (February), National Library Week (April), Teen
Read Week (October), Children's Book Week (November).
Task 1.2 - The Marketing Committee will evaluate the Library newsletter
and its'effectiveness.
task 1.3 - By May 2002 Community Relations will design, point, and
distribute, the following Library service flyers or brochures:
..' Basic services - Delray Beach Public Library - At Your Service.
. . Suggested web sites for targeted audiences Le. children.
. Others identified by staff.
Task 1.4 - The Marketing Committee will investigate establishing
community and corporate relationships for distribution of Library
promotional materials.
Q!!iectlve Two: Utilize the Library's website for marketing purposes.
Task 2.1 - The design of the current Library web page will be reevaluated
on an ongoing basis.
Oblectlve Three: Establish development strategies that will maximize the
Library's long term fund raising potential.
37
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Task 3.1 - Establish a committee of community members and Library
supporters that have the ability to contribute resources such as contacts,
funding, or in-kind support by July 2002. The committee will:
. Work with the Library board and staff to define development
tasks and create a plan by November 2002.
. Investigate the reestablishment of the Library Foundation.
. Develop and host one major fundraising event on an annual
basis.
. Seek to develop partnerships with the business community to
sponsor campaigns and help offset costs though pro bono
assistance on an ongoing basis.
. Evaluate the current fund raising activities and make
recommendations for improvement.
. Develop and initiate planned giving opportunities.
Ta$k 3.2 -ldentify possible grant opportunities.
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Exhibit B
00
Plan of Service FY 2003-2004
HoursIHolidays
The Delny Beach Public Library is opeD for service following one of two schedulcs:
1. Summer, or 2. WInter. During the winter season (SeptmIber through May) the library wi1I be opeD
seven days a week (61 hours): Monday through Wednesday, 9:00 A.M. unti18:oo P.M.; Thursday through
Saturday, 9:00 A.M. until 5:00 P.M.; and Sunday 1:00 P.M. unti1 5:00 P.M. During the summer schedule,
(June through August) the h'brary wi1I be open 6 days a week (57 hours): Monday through Wednesday,
9:00 A.M. until 8:00 P.M. Thursday through Saturday 9:00 A.M. unti1 5:00 P.M.
The Delny Beach Public 1.1'brary is closed in observance of the following holidays: New Year's Day,
Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's
Day, Thanksgiving Day and, Chrisnnas Eve, Chtisnnas Day and New Years Eve.
Adult Service
Circulation
Four full time Library 1\Ssistants, one full time Circulation Supervisor, and three part-time l.1brary
Assistants staff the Delny Beach Public Library circulation desk. The circulation desk is staffed with a
min;,",I~ of two Library ~sistants during all open hours.
The circulation desk staff perfonns the following services for patrons:
1. Material check out and c:heiik in
2. Assessment and collectioR of fines
3. Issue new cards and library memberships
4. Maintenance of shelves
5. Maintenance of new book requestS and book reserves
6. Maintenance of paperback swap collection
7. Maintenance of the ongoing book sale
8. Title selectioll of fiction and best-sellers
9. De-selection ofappropriale areas of the collection
10. "Summer Proiects," which the S1aff undertakes involving collection maintenance
. With regard to items 5 and 8, (above) the staff at the circulation desk plays an important role in title
selection of best sellers and often requested books due to their daily interaction with petronS. Bearing
this in mind, our reserves are augmen1ed at staff suggestion by McNaughton Books, which allows us to
rent large numbers ofbest sellers at an affordable tate for a brief duration, thereby avoiding the
expense of permanent purchase. Using McNaughton Books in concert with phone notification of
reserve titles, palIODS usually wait for a book no longer tban two weeks.
Reference
Two full time and one part-time l.1brarian staff the reference desk. The ,..,cG".....~ desk is SllIffed with a
professional (MLS) hbrarian during all open hours.
The reference staff performs the following setYil:es for patrons:
1. Answering reference questions
2. Patron training and brief tutorials on all research software
3. Patron training and assistance in 1ibrary on-1iDe catalog
4. Internet searching and retrieval in response 10 patron needs
1
, -
Exhibit B
5. Maintenance of[ef...~e shelves
6. Interhbrary loan service
7. Selection of reference and DOn-fiction titles
8. De-selection of "I'1"UI',iafe lIIelIS of tile collection
9. Patton ttaining and usis1am:e on !be Internet
Children/Youth Services
Two full time Library Assistants and a Librarian staff'tIIe Cbildren's Library. The department is open all
h9urs the hbrary is open..
The staff in the children/youth services department perform the following services for patrons:
1. Charging and discharging materials
2. Answering refem1ce questions
3. Patton ttaining and brief tutorials on works1ation use
4. Materials seJection for clilldren and young adults
,5. De-selection of Children's ubrary collection
6. Programming and community outteach (this in concert with OlD' Community Outreach Coordinator,
whose services willbe discussed in the next section).
Community Outreach/ProgrlUlUlling
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The Director of Community aeiations enhances OlD' presence and standing in tile community through
increased media and public event exposure. The Director of Community Relations is responsible for the
coordination of all pres~ releaSes, community outreach, adult programming, and vobmreer coordination.
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2
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Ruby, Susan
From: John Callahan nohn.callahan@delraylibrary.org]
Sent: Thursday, September 04, 2003 1 :55 PM
To: 'ruby@ci.delray-beach.f1.us'
Subject: Resolution concerning state aid application
.~ .
Slate AId
esolutlOn.doc (36 K.
Susan:
Due to the change made in the legislation affecting applications for State Aid to
Public Libraries, municipalities can now apply directly for State Aid. The Library
Association as the designated provider of public library service in the City is eligible
for the grant but there must be a resolution authorizing the application from the City. As
far as I can tell there has never been a formal relationship between the City and the
Library Association such as an ordinance or contract that delineates the Association role
and which could substitute for the attached resolution. The initial application is due to
the State by October 1,2003 and therefore if possible I would ask that the City Commission
consider the resolution on the 23rd. By applying directly for state aid rather than
through the Library Cooperative of the Palm Beaches we will save the 7% administrative
charge that the County imposes and therefore be able to use those funds to serve our
customers directly. We exp~ct to receive a total of $85,000 - 95,000 in state aid during
the next fiscal year.
If you have any questions or problems with the resolution please call.
<<State Aid Resolution.doc>>
*** eSafe scanned'this email for malicious content ***
*** 'IMPORTANT: Do not open attachments from unrecognized senders ***
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[ITV DF DELIAV BEA[H
CITY AnORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
DElIl4Y IIEACH Writer's DlreCl Une: 561/243-7091
~
~lIr DATE: MliMORANDUM
September 8, 2003
TO: David Harden, City Manager
FROM: Susan A. Ruby, City Attomey
SUBJECT: Chanaes in the Law Reaardlna Municioal Libraries
Please review Chlilpter 2003-126 of the Laws of Florida, which addresses changes
In the grant process for libraries.
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SAA'~ .
Attachm t . .
Cc: John Callahan
.Joe $afford, Finance Director
. . . ,
CHAPl'ER 2003-126
Committee Substitute for
Committee Substitute for Senate Bill No. 1434
. An act relating to public libraries; amending s. 257.17, F.S.; authoriz-
ing municipalities to receive operating grants; establiRhing mini-
mum standards for receipt of funds; removing minimum population
requirement for municipalities to be eligible to receive funds;
amending s. 257.191, F.S.; revising provisions relating to construc-
tion grants; amending s. 257.22, F.B.; permitting eligible political
subdivisions to receive warrants; amending s. 257.23, F.S.; requiring
certification of annual tax income by a specified date; clarifying
authority with regard to applications for grants; repealing s. 257.19,
F.S., relating to library constnlction grants; amending s. 257.261,
F.S.; revising provisions relating to confidentiality of public library
registration and circuIation records to authorize disclosure of infor-
mation to the parent or guardian of a library patron under age 16,
for the purpose of collecting fines or recovering overdue books or
other materials; providing an effective date.
WHEREAS, in enacting revisions to the State Aid to Libraries program,
the Legislature recognizes that the original intent of aiding and encouraging
. the eStablishment of free library service throughout the state by offering
grants to individual counties is succeeding because all counties in this state
are currently p~cipating in the program, and
WHEREAS, the Legislature recognizes that providing State aid to
independent municipal libraries while supporting political subdivisions that
are currently participating in the State Aid to Libraries program is a vslu-
able oontribution to the extension of the state's public library development
pIan, and
WHEREAS, the Legislature further recognizes the need for state aid in
order to equalize the level of service that public libraries in various commu-
nities tliroughout the state are able to provide, to promote free library
serviCe that benefits all residents of the state, and to promote coordination
amoD.g public libraries in order to improve the delivery of library services,
NOW, THEREFORE,
Be It Enacted by the lP.giR1Ature of the State of Florida:
Section 1. Section 257.17, Florida Statutes, is amended to read:
257.17 Operating grants.-A politicalllUbdivision that has been desig-
nated by a county or mnniMualitv as the single library AilminiAtrative unit
is eligible to receive from the state an annual operating grant of not more
than 25 percent of all local funds expended by that political subdivision
during the second preceding fiscal year for the operation and maintenance
of a library, under the following conditions:
(1) Eligible political subdivisions include:
1
CODING: Wards 1IWi-'L- are deletions; w0rd8 nnd...1;n~ are additions.
, . ,
Ch. lIOO3-128 LAWS OF FLORIDA Ch. lIOO3-128
(a) A county that establishes or maintains a library or that gives or
receives free library service by contract with a municipality or nonprofit
library corporation or association within such county;
(b) A county that joins with one or more counties to establish or maintain
a library or contracts with another county, a special district, a special tax
district, or one or more municipalities in another county to receive free
library service;
(c) A special district or ~ tax district that establishes or maintains
a library and provides free 'brary service; or
(d) A municit:ty wDA a pspul&l;i.SB sf 21lO,OOO 91' 11191'8 that establishes
or maintains a 'brary or that aa4 gives or receives free library service bx
CC?~trac:t with a nODnrofit Iibrarv corooration or association urith;n the mu-
mODality .
(2) The library established or maintained by such political subdivision
shall:
(a) Be :rerated. under a single ,itm;n;strative head who is an emnlovee
of the sinll e library Aitm;n;ot.TAnve unit and who has comnleted a Iibrarv
education nrowam Ar.P.rMitsvi bv the Ameri~An Library A88nclAtinn. The
. sinlZle Aitm;n;ot.TRtive head shall have at least 2 vears of full-time naid
nrofessional exnerience. after comnletinsr the Iibrarv education nrosrram. in
a nublie library that is ODen to the Dublie for a m;n;mum of 40 hours Der
lmlb aa4
!lU Expend its. funds centrally.;
Qi) Have &B 91181'."':-8 Inulgcat ef at least $2OjooO pH' ye&F Irem 198a1
891.&090; IYld
in~l==~~.~~~~:;~:~i~::~lalf':'~~~
subdiviBions within the county whir..h receive nnAl"Anna ,"ants from the
~ MUle g9~ OF RlsirilgJlts aCtai speoial am. 91" spsai&l tu dinFiut.
(d) Have at least one Iibrarv or branch library ooen for 40 or mn'M hours
Der week.
(e) Have a lorur-rsnsre Dlan. an Annual nlan of service. and an Annual
budget.
(f) ~ in ioint nlAnn;na for 1'!nn-M;nAtion oflibrarv RerVice8 within the
eountv or COuntlAA that receive onerating nants from the state.
(3) Any political subdivision estabHaMng public library service for the
first time shall submit a certified copy ofits appropriation for library service,
and its eligibility to receive an operating grant shall be based upon such
appropriation.
(t)(~ A mllRi8ip1liiy wi. 8 Jl9Jwa1i9B ef 200;000 9F Rl9P8 ~at estala
IHS9fJ 9F -.....:-t....:-... a 1iIi:FU"5" is -1':if91e ta J!:88sb:e &em 1iI18 state 8B ---ua1
2
CODING: Words ..._nJ are deletions; words nn~A'I'1;nM are additions.
--
. ' , -
Ch. lIOOlJ.128 LAWS OF FLORIDA Ch. lIOOlJ.l26
8J19Rtiag peat ef aet 1Il9P8 tlaAII 25 pll'leat 9f all woal mads 1iEII_~9t1 9r
that IBUBigjplWitj dll1iAg tAg BOUgH pl'liUIO.l':-g Regal 1881' far tae 8:p&ati9ll
aall -....:-tv...-oe 9f a libFU3~~ llRlIar the feY9WiBg IIORdHi9RS"
1 'l!I1a JBUBigipallihHry is spIRted \1&1191' a 11'':-819 1..1_':_':~"':"~8 Read
BAd NEj:1SBY KS tuacl& 8ell~~1
2: 'l!I1s JBUBisipallil:R=aly 1..... ft all ell BH~- g hlliget af at least $20,000 p81'
yeH frlillllloeal 18tm11i18; R:Rll
i 'l!lte muaiaipallibRJ:r II _. :.8 flee lilH'ur 8111 iiae te all Hsid9JHs 9f
tAe IIHIBisipality.
~~ nDs SU.bSseti8R is "pealed 9Il1wy 1, 200:2.
Section 2. Section 257.191, Florida Statutes, is amended to read:
257.191, Construction grants.-The Division of Library and Information
Services may accept and IOtlminioter library construction moneys appropri-
ated to it and IOhall allocate such appropriation to municipal, county, and
regionallibrMies in the form of library construction grants on a matching
basis. The local matching portion shall be no less than the Ill'ant amount.
on a dollar-for-dollar basis. un to the m~";mum l!1'8l1t amount. unlet!s the
mat",hin<, reouirement is waived bv s. 288.0656190 Jls~s8at. Initiation of a
librarv construction nroiect 12 months or less nrior to the l!1'8l1t award under
this section shall not affect the elilribilitv of an aDDJj.~nt to receive a librarv
construction Ill'ant. The division shall adopt nllet! for the administration of
library construction grants. For the purposes of this section, s. 257.21 does
not apply.. .
--
Section 3. Section 257.22, Florida Statutes, is amended to read:
257.22 Division of Library and Information Services; allocation of
funds.-Any moneys that may be appropriated for use by a county, a munici-
pality, a special dilltrict, or a special tax district for the maintenance of a
library'or library service shall be administered and allocated by the Division
of Library and Information Services in the manner prescribed by law. On or
before December 1 of each year, the division shall certifY to the Comptroller
the amount to be paid to each county, municipality, special district, or
IOpecial tax district, and the Comptroller shall islOue warrants to the elilrible
noHocal subdivisions J'8speetik'e 1i9ar&s 9f 88UAty g;--':SSi9B9J!B 9r sBief
m\1B:isipal 8R1N.ti~e autb.9~B f9I' ~ &RU1\lllt 88 aU.S9ateQ.
Section 4. Section 257.23, Florida Statutes, is amended to read:
257.23 Application for grant.-
~ The board of county commi.9iOnerB of any county. the chief e:zecutive
officer of a municinalitv. or the anv......,in" bodv of a ll1lecial district or a
.....,.;~1 tax district desiring to receive a grant under the provisions of IOS.
257.14-257.25 shall apply therefor to the Division of Library and Informa-
tion Services on or before Octo~ 1 of each year on a form to be provided
by the division. a The application, Wlisa IOhall be signed by the chair of the
8
CODING: Words ...._'L_ are deleti0D8j words nndAPlinM are additions.
.
. , , ,
Ch. 2003-128 LAWS OF FLORIDA Ch. 2003-128
board of county commissioners and attested by the clerk of the circuit court
or the appropriate officer in a charter county, bv the "hi"r executive officer
of a municinalitv Anil attested bv the clerk of the municinalitv. or bv the
chair of the anv."...;n" body and attested bv the chief finAncial officer of a
~;:;;;clai district or a snecial tax district. The county. mnn;,,;nalitv. snecial
district. or snecial tax district the BeaM 9f B9\1&tr gg--~-Si9:&eRl shall agree
to observe the standards established by the division as authorized in s.
257.15. On or before December 1 "A"h year. the annD"Ant shall certify the
annual tax income and the rate of tax or the annual appropriation for the
free library or free library service, and shall furnish such other pertinent
information as the division may require.
{2} 'rnte galee muaisipal 8HcmQV8 a'MA91ity 9f IH1-j IH&iClipaJitr stlSma,
is I'S8eive a paRt _1181" 'die plQ.isi9BI sf II 257 It 25725 91.....11 apply
iIl8F8foF te the Di~isiBR sf:Lil1P81S"' &Rtf WSRB&U8B. iePlieeg 911 81" Inlsps
OK_SF 1 sf 88Bh yey 9B a GAB ta lie )lI'IMded Dr ills di-.-4sa&. Is taB
app)igati9R~ ~mslt _aU be sieRad ~ ~ MiLtf lJlUBiaipal 81E8SUUV8 eligw
aad attested b3~ iRe oln:rk ef ~ aiNuit 0&lUt, the lAiN a\1Bisipal _8wti.~8
&utI:l~. shall .88 te ~BiI i iRe stBlliam estaWlal:l1ui~. ills di"iBi9R.
as a\ltlu~riagQ ill 8 ~57.15, 81.....11 QsRiifJ..1ilte ro--ual taa m8S11H! Nul tae I'ate
efts 81' the "'--11&1 BliPFSp:FiaQSB reFills 9S81iB:Farr, 1Hld. ...1.._11 fu.nHeR suell
'8iker]UI~iBeRt iaf'9R1laQSR. as iRe Ai"."_ Vir R'IlHN
.
. ,Section 5, Section 257.19. Florida Statutes. is renealed.
Section 6. SectiOn 257.261, Florida Statutes, is amended to read:
257.261 Library registration and cirl:ulation records.-
ill ' All registration and circulation recorda of every public library. except
statijrtical reports of registration and cirl:ulation, are confidential and ex-
empt from the provisions ofs. 119.07(1) and from s. 24(a) of Art. I of the State
Constitution. EKlspt ill &88--1"-S91AiR Jll'IilJl81" jusJiaial eN9I'7 a :paRGa IIlRr
Bat makg msw:B iIl~. ----91' a!, iBf;RI1ali9B g9ataiaed ia 8\1. AlBSI"U7
BJl88pt &s '_1 [doll ill 40\..:.. seHieR.
,
W As used in this section, the term "registration recorda" includes any
information that a library requires a patron to provide in order to become
eligible to borrow books and other materials, and the term "cirl:ulation
records" includes all information that identifies the patrons who borrow
particular books and other materials.
(3)(8) Excentin .,..I'JW't1Ancewitha nroneriu~lMAl order. a neraonmavnot
make known in anY manner any information """"tra;ned in recordA made
confidential and exemnt bv thiA section. _yNmt as otherwise nrovided in thiA
section.
!llL..A T,Rie IIIItlGR 11911 Jl4lt Jll'llhiBit IlaY library. or any business operating
jointly with the library may. only for the nurnose of ",,11AM:i,,0' fines or
recoverinR overdue books. documents. fihns. or other it.InR or materials
owned or otherwise belon.mlll to the librarY. discloBe H91B clialll.9"'-g infor-
mation made confidential And fllYAmnt bv thiA RIWf:1nn to the followinJl:
4,
CODING: Words 8IRV-i- 111"8 deletions; words nnllerHniM are additions.
. '. ,
.
.~.~.
Ch. 1003-128 LAWS OF FLORIDA Ch. 1003-128
1. The librarv natron nAmed in the records:
2. In the case of a librarv natron Il!8ll thAn 16 vears of aJre. the narent or
amardian of that Datron ftAmM in the records:
.
3. Any entity that collects fines on behalf of a librarv. unless the natron
is less than 16 vears of aJre. in which case only information identif'viIUr the
natron's Darent or m'1A~iAn mav be released:
~ Municipal or county law enforcement officials, unless the natron is 16
vears of &.m!. in _}dr.}, ,.aa~ only information identif'viIUr the nstl'on's narent
or ,"'ArtHAn may be released: or $&
5. Judicial nffil!ials. .. tAe JMlIlIBBB ef FBlswBiag B~9I'd:V8 lJB8k&~ de8U
m9mS, 4!:1_.... 9F &tA9I' items 91' mate:Fials l. _uul 01' 1MA8Pirise lJ91eagiBg to
the ~P8J'3.9. TlHe seNsR d998 BtK JI.8~it 8B3" JiIH:uy. 81" &Il3P ~1.HIiae8s
BJierati&g jeiMly w4dl *8 ~J hm EliSal9Siag iDfEillllatiSR. te mumaipal
91' swat,.. laV( 8RfB~8BBle:&t &fIisials 91' te judiBial....:..1... 8F k &Il3" kUfJiness
WI' the P\lIll9S8 9f 89Il8~-g Baes 9J' ~WslU9 ~8ekB, d.88UIMRtS, 4'::1_.., 91'
:~~i~~~7~~=:ea=:~::~~:t
1iIle p~BRt 91" guaFdi8:B &f tRe peReB wulsr lG.
, ~ Any persOn who violates this section ....mm;ts is ~ sf a misde-
meanorof the second degree, punishable as provided in 8. 775.082 or s.
775.083.
Section 7. Thie act shall take effect July 1, 2003.
ApP,J'OVed by the Governor June 10, 2003.
Filed in Office Secretary of State June 10, 2003.
.
.
II
CODING: Words ....,1..v are deletions; words nndM"linAd are additions.
Florida Department of State, Division of Library and Infonnation Services
STATE AID TO LIBRARIES GRANT AGREEMENT
THE CITY OF DELRAY BEACH ON BEHALF OF THE
The Applicant (Grantee) DELRAY BEACH PUBLIC LIBRARY ASSOCIATION. INC.
. (Name of goveming body)
governing body for DELRAY BEACH PUBLIC LIBRARY
(Name of library)
hereby makes application and certifies eligibility for receipt of grants authorized under Chapter
257, Florida Statutes and guidelines for the State Aid Jo Libraries Grant Program.
I. ,The Gran~ee agrees to: ~
a. Expend all grant funds awarded and perfonn all acts In connection with this agreement in
full compliance with the tenns and conditions of Chapter 257, Florida Statutes, and
guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying
the legislature, the judicial branch, or any state agency.
b. ,Provide the Division of Library and Infonnation Services (DIVISION) with statistical,
narrative, financial, anqother reports as requested.
c. Not discriminate agail'lSt any employee employed in the perfonnance of this agreement, or
against any appUcant.for employment because of race, color, religion, gender, national
origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all -- --~
subcont~ for ~rvices by this agreement.
d. Retain an records for a period of 5 years from the date of submission of the final project
reporl . If ar)Y litigation, claim, negotiation, audit, or other action involving the records has
been.starte.d before the expiration of the 5 year period, the records shall be retained until
completion of the action and resolution of all issues which arise from it, or until the end of
the regular 5 year period, whichever is later.
e. In the event that the GRANTEE expends a total amount of State awards (i.e., State
financial assistance provided to the GRANTEE to carry out a State project) equal to or in
excess of $300,000 in any fiscal year of such GRANTEE the GRANTEE must have a
State single or project-specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Executive Office of the Govemor and
the Comptroller, and Chapter 10.550, Rules of the Auditor General. In detennining the
State awards expended in its fiscal year, the GRANTEE shall consider all sources of
State awards, including State funds received from the Florida Department of State,
except that State awards received by a nonstate entity for Federal program matching
requirements shall be excluded from consideration.
In connection with the audit requirements addressed in Section e, paragraph 1, the
GRANTEE shall ensure that the audit complies with the requirements of Section
215.97(7), Florida Statutes. This includes submission of a reporting package as defined
by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor
General.
Page 1 014
-.-.
-
If the Grantee expends less than $300,000 in State awards in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not
required. In the event that the GRANTEE expends less than $300,000 in State awards
in its fiscal year and elects to have an audit conducted in accordance with the provisions
of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State
funds (i.e., the cost of such an audit must be paid from GRANTEE funds obtained from
. other than State entities).
f. Identify an individual or position with the authority to make minor modifications to the
application, if necessary, prior to execution of the agreement.
II. The DIVISION agrees to:
a. Provide a grant in accordance with the tenns of this agreement in consideration of the
Grantee's perfonnance hereinunder, and contingent upon an annual appropriation by the
Legislature. In the event that the state funds on which this agreement is dependent are
withdrawn, this agreement is tenninated and the DNlSION has no further liability to the
Grantee beyond that already incurred by the tennination date. In the event of a state
revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195,
Florida Statutes.
"
b. Notify the grantee of the grant award after review and approval of required documents.
The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes
liInd guidelines for the State Aid to Ubraries Grant Program.
~ ~ .. .
c. Distribute grant funds ~ two payments. The first payment will be requested by the
DIVISION from the COmptroller upon execution of the agreement. The remaining payment
will be made by June 30.
, .
..-----
III. The Grantee Jlnd !tie DIVISION mutually agree that:
a. This instrument embodies the whole agreement of the parties. There are no provisions,
tenns, conditions, or obligations.other than those contained herein; and this agreement
shall supe~e all previous communications, representation, or agreements either verbal
or written, between the parties. No amendment shall be effective unless reduced in writing
and signed by the parties.
b. The agreement is executed and entered into in the State of Florida, and shall be
construed, perfonned, and enforced In all respects In accordance with the laws and rules
of the State of Florida. Each party shall perfonn Its obligations hereunder in accordance
with the tenns and conditions of this agreement.
c. If any tenn or provision of the agreement is found to be illegal and unenforceable, the
remainder of the agreement shall remain In full force and effect and such tenn or provision
shall be deemed stricken.
d. No delay or omission to exercise any right, power, or remedy accruing to either party upon
breach or default by either party under this Agreement shall impair any such right, power,
or remedy of either party; nor shall such delay or omission be construed as a waiver of any
such breach or default, or any similar breach or default.
e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow
public access to all documents or other materials subject to the provisions of Chapter 119,
Florida Statutes.
PIIlI"2of4
f. Unless authorized by law and agreed 10 in writing by the DIVISION, the DIVISION shall not
be liable to pay attomey fees, interest, or cost of collection.
g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of
the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for
its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee
hereby agrees to be responsible for any injury or property damage resulting from any
activities conducted by the Grantee.
.
t1. The Grantee, other than a Grantee which is the State or agency or subdivision of the
State, agrees to indemnify and hold the DIVISION harmless from and against any and all
claims or demands for damages of any nature, including but not limited to personal injury,
death, or damage to property, arising out of any activities performed under this agreement
and shall investigate all claims at its own expense.
i. Neither the State nor any agency or subdivision of the State waives any defense of
sovereign immunity, or increases the limits of its liability, upon entering into a contractual
relationship.
J. The Grantee, its officers, agents, and employees, in performance of this agreement, shall
act in the capacity of an independent contractor and not as an officer, employee or agent
of the DIVISION. . Under this agreement, Grantee is not entitled to accrue any benefits of
state employment, including .retirement benefits and any other rights or privileges
connected with employment in the State Career Service. Grantee agrees to take such
steps as may be nebessary to ensure that each subcontractor of the Grantee will be
.. deemed to be an independent contractor and will not be considered or permitted to be an
agent, servant, joint v8('lturer, or partner of the DIVISION.
.'
k. The Grantee shall nof.assign, sublicense, nor otherwise transfer its rights, duties, or
obligations under this agreement without the prior written consent of the DIVISION, whose --
consent shall not unreasonably be withheld. The agreement transferee must demonstrate
compliance with the requirements of the program. If the DIVISION approves a transfer of .-
the Grantee's obligations, the Grantee remains responsible for all work performed and all
expenses incurred in connection with the Agreement. In the event the Legislature
transfers the rights, duties, or obligations of the Department to another govemmental entity
pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties, and obligations
under this agreement shall also be transferred to the successor govemment entity as if it
were an original party to the agreement.
I. This agreement shall bind the successors, assigns and legal representatives of the
Grantee and of any legal entity that succeeds to the obligation of the DIVISION.
m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to
fulfill its obligations under the agreement in a timely and satisfactory manner unless the
Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of
obligations by Grantee shall be determined by the DIVISION, based on the terms and
conditions imposed on the Grantee in paragraphs I and III of this agreement and
guidelines for the State Aid to Ubraries Grant Program. The DIVISION shall provide
Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the
default. If the default is not cured by Grantee within the stated period, the DIVISION shall
terminate this agreement, unless the Grantee demonstrates good cause as to why it
cannot cure the default within the prescribed time period. For purposes of this agreement,
"good cause" is defined as circumstances beyond the Grantee's control. Notice shall be
sufficient if it is delivered to the party personally or mailed to its specified address. In the
Page 3 014
event of termination of this agreement, the Grantee will be compensated for any work
satisfactorily completed prior to notification of termination.
n. Unless there is a change of address, any notice required by this agreement sh?lll be
delivered to the Division of Library and Information Services, 500 South Bronough Street,
Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library
administrative unit. In the event of a change of address, it is the obligation of the moving
. party to notify the other party in writing of the change of address.
IV. The term of this agreement will commence on the date of execution of the grant
agreement.
THE APPLICANT/GRANTEE THE DIVISION
. -
Chair of Governing Body or Florida Department of State
Chief Executive OffICer " Division of Library and Information Services
"
.
DAVIIJ T: HAlIDEN, CITY MANAGER
Typed Name- .. Typed Name
, "
.'.
. -
Date . --~-----oate
.~_.
..-
.
Clerk or Chief Finan~ Officer Witness
.
JOHN J. CALLlIHAN III, LIBRARY DIRECTOR
Typed Name and Tille of Official Date
Date
Page4014
". .. __.-_.__ _..____m_____..___
Of\
[ITY DF DELRAY BER[H 4
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090. FACSIMILE 561/27S-4755
DELRA Y BEACH Wrlte(s Direct Line: 561/243-7091
f ~ 0 . I 11 ...
b.ftd
ANmIrIca CIty
~UIE MEMORANDUM
DATE: September 18, 2003
TO: City Commission
David Harden, City Manager
FROM: Susan A Ruby, City- Attomey
SUBJECT: Resolution No. 68-03
.
The Public Arts Implementation Committee is due to expire October 1, 2003
unless extended by the City Commission, This resolution extends the term of the
committee until March 31, 2004 unless otherwise extended by the City
Commission, .
Please place this resolution on the September 23, 2003 agenda.
Attachment
cc: Rich McGloin
Nancy Davila
Alex Weiss
~~
RESOLUTION NO. 68-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 8 OF
RESOLUTION 26-03 EXTENDING THE DURATION OF THE
PUBLIC ARTS IMPLEMENTATION COMMITTEE'S EXISTENCE
UNTIL MARCH, 2004; PROVIDING AN EFFECTIVE DATE AND A
SUNSET DATE.
WHEREAS, the City passed Resolutions 67-02 and 26-03, respectively, establishing a Public Arts
Task Force and a Public ArtsJmplementation Committee; and
WHEREAS, the Public Arts Task Force expired April I, 2003; and
"
wHEREAS, the Public Arts Implementation Committee is due to expire October I, 2003 unless
otherwis,e extended by the City Commission; and
.. ...',
WHEREAS, the City .Commission desires to amend Section 8 of Resolution 26-03 thereby
extending the duration of the Public Arts ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEAC!:l, FLORIDA, AS FOLLOWS:
Section!. _ That only Section 8 of Resolution No. 26-03 is revised by this resolution. That
Section 8 of Resolution No. 26-03 is hereby revised to read as follows:
.
Section 8. The Public Arts Implementation Committee shall sunset upon the discharge
of its assigned task or by March 31, 2004, whichever is earlier, unless otherwise extended by the
City Commission.
PASSED AND ADOPTED in regular session on this the _ day of September, 2003.
MAYOR
ATTEST:
City Clerk
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CI1Y MANAGER~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF SEPTEMBER 23. 2003
CHANGE ORDER NO. l/FINAL PAYMENT /HARDRIVES. INC.
DATE: SEPTEMBER 19, 2003
1bis is before the City Commission to approve Change Order No. 1 in the net deduct amount of
$3,770.00 and final payment in the amount of $10,577.50 to Hardrives, Inc. for the Cemetery
Expansion South Phase Project.
Funding is available from 334-6111-519-63.90 (Other Improvements).
Recommend approval of Change Order No.1 and final payment to Hardrives, Inc. for the Cemetery
Expansion South Phase Project.
&\City Clerk\agenda memos\Final Payment.Hatdrives.9.23.03
----..
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www.mydelraybeach.com
TO: David Harden, City Manager
FROM: Victor Majteny~truction Manager
SUBJECT: CEMETERY EXPANSION SOUTH PHASE (PN 2003-049)
Agenda Request; Change Order #l/Final, Final Payment
DATE: September 16, 2003
Attached for Commission approval is an agenda request for closeout Change Order #1/Final to
Hardrives, Inc. on the Cemetery Expansion South Phase project, PN 2003-049. It is for the final
plus/minus quantity adjustments to the original contract. Change Order #l/Final is a net deduct
amount of $3,770.00.
A request is also made for final payment in the amount of $10,577.50 to Hardrives, Inc. A
Contractor Evaluation form is attached for your review.
Residual funds to be liquidated from PO#6l285l to account 334-6111-519-63.90 (General
Construction Fund/Other Improvements) in the amount of $3,770.00.
cc: Richard Hasko; Director of ESO
Randal Krejcarek; City Engineer
Rafael Ballestero; Dep. Oir. of Construction
City Clerk's Office
Agenda File 09/23/03
Project File 03-049(A)
S:\EngAdmin\Projects\2003\2003-049\CONSTRUCT\AgMemo COt Fin 09.23.03.doc
---.-......-
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. I/Final PROJECT NO. 2003-049 DATE:
PROJECT TITLE: Cemetery Expansion, Sonth Phase
TO CONTRACTOR: Hardrives, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/minus quantity adjustments and changes per attached Schedule "A".
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $ 109,545.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 109,545.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ (3.770.00)
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 105,775.00
PER CENT DECREASE THIS CHANGE ORDER 3.4%
TOTAL PER CENT DECREASE TO DATE 3.4%
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Hardrives Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source: 334-6111-519-63,90 (-$3,770.00)
DELRA Y BEACH, FLORIDA by its City Commission
RECOMMEND: By:
for Environmental Services City Manager
ATTEST:
APPROVED: By:
City Attorney City Clerk
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Z
Agenda Item NO.~
AGENDA REQUEST
Date: September 16. 2003
Request to be placed on:
--X--Regular Agenda
_Special Agenda
_Workshop Agenda When: September 23. 2003
Description of item (who, what, where, how much):
Attached for Commission approval is closeout Change Order #1/Final to Hardrives, Inc. on the Cemetery
Expansion South Phase project, PN 03-049. It is for the final plus/minus quantity adjustments to the
original contract. Change Order #1/Final is a net deduct in the amount of $3,770.00.
A request is also made for final payment in the amount of $10,577.50 to Hardrives, Inc.
Residual funds to be liquidated from PO#612851 to account 334-6111-519-63.90 (General Construction
Fund/ Other Improvements) in the amount of $3,770.00.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recom ds award of Change Order #1/Final and Final Payment to Hardrives,
Inc.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (r~ o~ items rVJ.lving expenditure of funds):
Funding available: E 0 G 'f /1 ~
Funding alternatives I appli a Ie)' see above
Account No. & Description 334- ~ J ~-.~}~A' .'3, CfO of]v/r -:z;;",/pf,JJO
Account Balance"" .i.j. (f, ~ 7.:L " . '/ ~.3
City Manager Review: ~ ~
Approved for agenda: 0
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
S:\EngAdmin\Projects\2003\2003-049\CONSTRUC1\AgReqCOI Fin 09.23.03.doc
--..- -----.- -~
MEMORANDUM
TO: David Harden, City Manager
FROM: Debra Garcia, C. D. Specialist
THRU: Lula Butler, Community Improvement Director rb
DATE: September 18, 2003
SUBJECT: Request for Subordination - Applicant (Samantha Wilkins)
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to subordinate its second mortgage position
in the amount of$15,500 to allow Samantha Wilkins to refinance her mortgage at a lower
interest rate.
BACKGROUND
Ms Wilkins' property is within the CDBG Target Area. In January of 1998, she
participated in the City's Owner/Occupied Rehabilitation program. Ms Wilkins was
assisted with funds from the SHIP Program
The assistance given to Ms. Wilkins is secured by a Promissory Note/Second Mortgage
approved by the City Commission and reqUires the applicant to maintain
ownership/residence for a specified period according to the amount of the grant. Grant
amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of
five (5) years and grant amounts equal to or greater than $15,000, but less than $25,000
per unit are forgiven at a rate of 10% per year for ten (10) years. Therefore, the current
agreement will remain recorded as a covenant to the property until February 1st, 2008.
RECOMMENDATION
Staff is recommending City Commission approval of Ms Wilkins' request to subordinate
its second mortgage position in the amount of $15,500.00. The subordination meets all
the requirement of the City's Subordination Policy.
~
-
Prepered by end Return to:
T. MANDER
SEACREST TinE CO.
SOD W. LINTON BLVD. STE. 200
DELRAY BEACH. FL 33444
13-1233
SUBORDINATION AGREEMENT
WHEREAS, under dete of SEPTEMBER ,2003 e mortgege wes given by SAMANTHA
WILKINS, A SINGLE WOMAN WHOSE ADDRESS IS: 233 NW. BTH AVENUE. DELRAY BEACH. FL 33444
("Mortgego~) to CI1Y OF DELRAY BEACH, ("Mortsegee"), which mortgege wes given to secure
Mortgagors obligetions to Mortgagaa and was racordad on 1-21-SB in Official Record Book 101 B9
Page~of the public records PALM BEACH County, Florida (the "Existing Mortgage"), and which
mortgages encumbers inter alia, the following described real property lying and being in PALM BEACH
County, Fiorida to wit:
COMMENCING 127 FEET SOUTH FROM THE NORTHWEST CORNER OF BLOCK 2, FOR A POINT OF
BEGINNING; THENCE EAST 135 FEET: THEN CE SOUTH 50 FEET; THENCE WEST 135 FEET; THENCE
NORTH 50 FEET TO THE POINT OF BEGINNING, BEING IN DELRAY BEACH FORMALLY LINTON,
ACCORDING TO T HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 3. OF THE PUBLIC
RECORDS OF PALM BEACH COUN1Y, FLORIDA.
WHEREAS, WACHOVIA MORTGAGE CORPORATION, has agreed to make a mortgage loan to Mortgagor
in the amount of $ 68,000.00 secured by a mortgage encumbering the property above described,
hereaftar callad the "New Mortgaga", provided tha Existing Mortgages Is SUBORDINATED to the Naw
Mortgaga:
NOW, THEREFORE, in consideration of the premises and other good and valuable consideration,
the receipt and sufficiency whereof is hereby acknowledged. Mortgagee hereby represents. covenants
and agrees as follows:
1, . That the Existing Mortgages has not been assigned, pledged ortransferred in any manner
whatsoever.
2. That the Existing Mortgagas is by this instrumant SUBORDINATED and made INFERiOR
to tha Naw Mortgage given by Mortgagor to WACHOVIA MORTGAGE CORPORATION, Dated _
_,2003 and record ad in the Office of the Clark of the Circuit Court PALM BEACH County. Florida. in
Official Record Book , Page . This subordination is only to the extent of $
68,000.00 and does not apply to any additional or future advances which may be made under the New
Mortgage.
IN WITNESS WHEREOF, Mortgagee has caused this instrumant to be executed this
_ day of SEPTEMBER, 2003.
Signed sealed end delivered in the presence of:
CI1Y OF DELRAY BEACH
Witnass (Print)
By:
Witness (Print) Print:
Its
(SEAL)
Address: 100 N.W. 1ST AVENUE. DELRAY BEACH
FL 33444
State of
County of
The foregoing instrument was acknowledged before me this _ day of . 2003 by
, as of CI1Y OF DELRAY BEACH He/she is personally known
to me or has produced a driver's license as identification.
Notary Public
printed name:
My Commission Expires:
(SEAL)
--
Agenda Item No.: '[)
AGENDA REOUEST
Request to be placed on: Date: September 18, 2003
_ Regular Agenda
_ Special Agenda
_ Workshop Agenda
X Consent Agenda When: October 7, 2003
Description of item:
Authorization and approval to subordinate its second mortgage position in the amount of
$15,500 to allow Samantha Wilkins to refinance her mortgage at a lower interest rate.
Recommendation:
Staff recommends approval of Ms Wilkins' request to subordinate its second mortgage
position.
Department Head Signature: ~h~~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for Agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
-- -
01\
~
MEMORANDUM
To: David T. Harden, City Manager
From:~ Rebecca S. O'Connor, Treasurer
Thru: Joseph M. saffor~tor of Finance
Date: September 11, 2003
Subject: $768,000 Auburn Trace Purchase and Sale Agreement dated January 15,
1989; $720,000 Auburn Trace Note dated June 29, 1989;
Backl!.round
The City has two loan agreements with Auburn Trace with the following terms:
. Original principal amount of $768,000, an interest rate of 0%, maturing 6/30/2021
. Original principal amount of $720,000, an interest rate of 0% maturing 6/30/2021
The terms of the agreements require Auburn Trace to make annual payments on June 30th
of each year to the City of $22,282 and $21,265, respectively. As ofthe date ofthis
commission meeting, Auburn Trace is 85 days delinquent in their payment to the City.
Auburn Trace has asked authorization to make four payments of $10,886.75 for the next
four months to payoff the amount due.
Recommendation
We recommend authorizing this payment schedule with respect to this payment date only
and request that City Commission authorize the City Attorney's office to draft an
amendment to the existing agreements between the parties stipulating these new terms.
BE
--.---
.
Agenda Item No. : 35
. AGENDA REQUEST
Date: September 12, 2003
Request to be placed on:
x Regular Agenda Special Agenda Workshop Agenda
When: September 23, 2003
Description of agenda item (who. what. where how muc~6:
A rove a revised a ent schedule relative to two Au6urn Trace te A~YeemRts
Authorize the City Attorney s 0 ice to ra t an amen ment to ex~st:lng a I.~~m~J.1lo.
ORDINAl~CE/ l~SOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approve the above.
Department Head Signature:
Determination of Consistency with
City Attorney Review/ Recommendation (if applicable):
Budget Director' Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO /.J/~
Funding alternatives: (if applicable)
Account No. .& Description: .
Account Balance:
City Manager Review:
Approved for agenda: .{YNO r1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
SEP-11-03 01:03 PM C.B.A_INC.U.S.A. 01'9997858 9/;z.3~2
Cc'~
. ~ q-I ).-03
0'
1 '1
,
FLORIDAteleport , .
September 10", 2003
Mr. David Harden
City Manager
100 N.W. 1"' Avenue
Delray Beach, Florida 33444
Re: Request for payment tennll due per Cable InfrastNcture License Agreement
Dear Mr. Harden,
This letter is to request your assistance regarding the matter of payment, which is currently due
the City per the License Agreement signed August 21, 2001.
As you might be aware we received the approval from the Governor and Cabinet on August 12,
2003 to continue with our project. Unfortunately, we still hava to acquire the FCC landing
license prior to receiving the tlnal approval from the State and the Department of Environmental
Protection.
Without the FCC License and the final permit from the State, we are unable to proceed with
construction of the Ocean Conduits and the Beach Manholes at Sandoway Park Including the
development of the terrestrial route back to our building.
We respectfully request your consideration in granting us to pay you the $50,000.00 dollars in
five lump sum payments of $10,000.00 dollars for the next five months. Please be assured that
Florida Teleport is committed in making all the payments; as well as, implementing the project
as soon as possible.
We hope you understand that as a small privately held company we need to be good stewards
of our funds, therefore, we hope you accept the payment terms requested above, 8S this would
allow us to allocate some of the funds to accelerate this Intricate process.
We remain grateful for your continued support and look forward to completing this difficult stage
of our project. I would be pleased to introduce myself personally and meet with you or any other
City Representatives to discuss our request further if you so desire.
~~1
Hel. de~~
President
~F
1100 s.w. 10" a_t. Booy B . Dell'llY Beach. FI 33444 . 5.11-243-2201 "" . 5411-343-2208 Fax
SEP--11-133 01:133 PM C_B_A_INC_U_S_A_ 13('9997858 P_01
.
,
FLORJDAteIeport
FACSIMILE TRANSMITTAL SHEET
TO l'-kuM
Mr. David Ilarden Helmut Bader
CoMPANY DATI,
City of Delray Beach 9/11/2003
I'AX NUMREt( TOTAl. NO. 01: I)A(:J..s INCllJI>lN(; CUVEIt:
24.l- 71(.G 2
~- .
l'II0NI'. NlIMIII(K' SFNl)t'.I(~ KJ'.l"F.KI~NCI~ NUMIlI',R'
-
Rh Y()\!R RI.:HI,RI.:NCE Nl;MI\I'.1l
561-243-2201
o UIH;HNT o FOR REV'EW o l~LH^~E COMMENT o I'I.E^SE Rm'!.Y o I'I.EASE HEC"CE';
IIJ.OII.II)^ 'J'HI.IU'ORT. INC.
11UU Sw QTIl STlt I.: WI', nAY Ii
nl~J.ll^Y )\H^CH, 1'1. :U44-4
.
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090' FAC~:IMILE 561/278-4755
DURAY BEACH Writer's Oirecl. Line: 561/243-7091
. l <> I'D.
-
~nl~ MEMORANDUM
DATE: September 22,2003
TO: David T. Harden, City Manager
Carolanne Kucmerowski, Agenda Coordinator
FROM: Susan A. Ruby, City Attorney
SUBJECT: Item 8F on Aaenda - Florida Teleoort
Florida Teleport has agreed to the revised schedule of payments set forth in the
attached letter. The revised schedule applies the $25,359.00 currently being held
by the City towards the $50,000 due the City.
S~
Attachment
cc: Joe Safford, Finance Director
GOO~ T1VH ,\.LI::> \-l-\- XLLV X~~ H~H ,HU SSL~ 9LG T9S XVd LC:ST NOW CO/GV60
--.~-
..
FLORIDAteIeport
September 19th, 2003
)_:-.,
Susan A. Ruby C :'C) 2 / o0~3
' cuU
City Attomel ; , ' '.... ,,"
200 NoW. 1 Avenue
OeIray Beach, Florida 33444
Re: Payment ~ per Cable Jnfrastruc:tuN LIcense Agreement.
Dear Mrs. Ruby,
Per your fax of September 1a-. 2003, please consider this a formal communication regarding
the $50,000.00 dollars payment, which is currently due to the City per the Ucense Agreement
signed August 21,2001.
As requested in your fax, this is to confirm that the amount of $25,359.00 that is presently owe
to us from the City, be applied towards the payment that we currently have outstanding.
The following are the payment terms we are requesting the City to consider in order to fulfill the
remaining amount.
. $4,641.00 due on October 15", 2003
. $10,000.00 due on November 15",2003
. $10,000,00 due on December 15",2003
Please be assured that Florida Teleport is conunitted in making all the payments; as well as,
implementing the project as soon as possible.
We remain hopeful that our request be granted. Thanking you in advance for your continued
support
~J6~
m Bader
President
co: 0lNId -. CIIy'" _-'
1100 S.W. 10" street. Bay B. DalnIy Baach . F133444 . 581-243-2201 Ph . 581-343-2205 Fax
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGRR~
SUBJECT: AGENDA ITEM # <6 - REGULAR MEETING OF SEPTEMBER 23. 2003
AMENDMENT TO SUB-RECIPIENT FUNDING
AGREEMENT /CARVER ESTATES YOUTH PROGRAM
DATE: SEPTEMBER 19, 2003
1bis is before the City Commission to approve an amendment to the sub-recipient funding agreement
between the City and the Carver Estates Youth Program.
Tbis amendment awards $12,789.00 to the Carver Estates Youth Program in addition to the
$17,211.00 approved by the Commission on August 19, 2003. Tbis provides for a total funding
allotment of $30,000.00 as approved by the Department of Justice, Executive Office of Weed & Seed-
Housing and Urban Development (HUD) Supplemental Grant.
Recommend approval of the amendment to the sub-recipient funding agreement with the Carver
Estates Youth Program.
S:City Clerk\agenda memos\ Weed & Seed Agnnt.9.23.03
Delray Beach
Weed & Seed Office
Memo
To: Ms. Chevelle Nubin, City Clerk's Office
Mr. David Harden, City Manager
From: Sharon L'Herrou, Weed & Seed Program Mana~ ' ~
Date: September 15, 2003
Re: Carver Youth Enrichment Program: Amendment
Attached, please find one contract amendment between the City of Delray Beach and the
Carver Estates Youth Program which authorizes an award of $12,789 in addition to the
$17,211 approved by City Commission August 19, 2003, for a full funding allotment of
$30,000 as approved by the Department of Justice, Executive Office of Weed & Seed- HUD
Supplemental Grant.
This year the EOWS awarded $275,000 in federal funding to the Delray Beach Weed & Seed
Office. However, $50,000 of this money was provided through a HUD supplemental grant
which can only be used in HUD projects endorsed by the EOWS as "Science Based." This
supplemental grant allocated $30,000 for the Carver Estates Youth Program. All EOWS
funds are available on a reimbursement basis and must be obligated prior to the end of the
fiscal year, September 30, 2003.
Funding is provided to Carver Estates Youth Program to assist with operational expenses to
fight crime and drug use through the prevention efforts of Carver Estates' Teen Club. The
club is a community-based program for middle school and high school aged youth that
enhances youths' resiliency, while preventing involvement in substance use and violence.
All expenditures represented in this agreement have been approved by the Delray Beach
Weed & Seed Neighborhood Advisory Board, the EOWS, and are monitored by the Delray
Beach Weed & Seed Program Manager to ensure compliance with Department of Justice
policies.
cc: Captain Musco
1
-...--
. .
FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS
This FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING AND ACCEPTANCE OF
'FUNDS is made and entered into as of this day of , 2003, by and between the City
of Delray Beach and Carver Estates Youth Program.
WHEREAS, the City of Delray Beach and Carver Estates Youth Program entered into an
agreement dated Auaust 19. 2003 (the 'Contract").
WHEREAS, the parties desire to amend and modify the Contract as more particularly hereinafter
set forth,
NOW THEREFORE, the parties agree as follows:
1. 'Allocation of Funds" is hereby amended as follows: an award of $12,789 will
granted to Carver Estates Youth Program in addition to the $17,211 approved
by City Commission August 19, 2003, for a full funding allotment of $30,000 as
" approved by the 'Executive Office of Weed & Seed- HUD Supplemental Award.
, 2. Exceplas modified hereby, the Contract shall remain in full force and effect.
, - ..
. ..
\'
carv~~m q .JS-. O~
Date
~ /~- f/;..r/O ~
,
Witness Date
Aw~ _ ro Fam 11 rf- 1 h,103
at ,\~ Dite I
City of Delray Beach Date
Attest:
City Clerk Date
AGENDA ITEM NUMBER: ~~
AGENDA REQUEST
Date: 9/15/03
Request to be placed on:
XX Consent Agenda Special Agenda Workshop Agenda
When: 9/23/03
Description of agenda item: Amendment of the agreement between the City of Delray
Beach (Weed & Seed Project) and Carver Estates Youth Program which authorizes an award of
$12,789 in addition to the $17,211 approved by the City Commission August 19, 2003, for a full
funding allotment of $30,000 as approved by the Department of Justice, Executive Office of Weed
& Seed- HUD Supplemental Grant.
ORDINANCE/RESOLUTION REQUIRED: YES NO X
Draft of Resolution Attached: YES NO
Recommendation: Approve agenda request.
Department Head Signature: L$'Jv / M~ &UAWV
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review ~ '\11. )o~
(required on all items involving expenditure of funds): JIJ f/ '11/~/v']
Funding available: Yes X No
Funding alternatives (if applicable): N/A
Account Number: 115-2125-521-83.01
Account Description: Weed & Seed: Other Grants & Aid: Consultants/Contract
Account Baiance:
City Manager Review:
Approved for Agenda: B ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved: Disapproved:
P.O. #
..___m
01<,
o'J1I)
[ITY DF DElRRY BER[H
!>~lRoAY. B~!=,!
...... 100 N,W.1st AVENUE . DELRAY BEACH. FLORIDA 33444 . 561/243-7000
Ail-America City
, , III! MEMORANDUM
David T. Harden, City Manager
1993 TO:
2001 ~bert A. Barcinski, Assistant City Manager
FROM:
DATE: September 15, 2003
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
SEPTEMBER 23,2003 SPECIAL EVENT APPROVAL -
ART & JAZZ ON THE AVENUE
ACTION
City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled
for October 16,2003 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per
LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N,E. 7th
Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue
Anchor Pub, Railroad Drive from Atlantic to N,E, 1st Street, and NE 2nd Avenue from
Atlantic A venue to NE 2nd Street, and to authorize staff support for security and traffic
control, banner hanging and removal, barricade set up and removal, clean up, use and set
up of City stages.
BACKEiROUND
Attached is a request for approval and City assistance for this event from Marjorie Ferrer.
The estimated overtime cost for this event is $6,500. Cost for stage rental use would be
$530 and barricade rental $375. Actual overtime costs for June's event were $6,623.13.
A copy of the hold harmless agreement, insurance certificate, and event budget is
attached. This is not a new event. Based on new event policies the Joint Venture will be
required to pay 50% of all costs over $5,000.
RECOMMENDATION
Staff recommends endorsement of the event, approval of the temporary use permit and
street closure, staff support as requested, use and set up of stages, and City barricades
with payment of 50% of all costs over $5,000.
RAB/tas
cc: Lt. Geoff Williams
Joe Weldon
Harold Bellinger
File:u:sweeney/events
Doc: Agenda Art and Jazz on the avenue 101603 ~\\
T EFCCPT .ALW~.YS MATTEr'S
'~" '
,
~
avenue
~tSeactv
August28,2003 ~
Mr. Robert A. Barcinski
City of Delrar Beach
100 N.W. 1s Avenue
Delray Beach, FL 33444
RE: AGENDA ITEM - CITY COMMISSION APPROVAL
SPECIAL EVENT REQUEST - ART & JAZZ. ON THE AVENUE
Dear Mr. Barcinski:
City Commission is requested to endorse the Art & Jazz on the Avenue
scheduled for October 16, 2003 and to grant a temporary use permit per LDR'S
section 2.4.6(H) for use of City property and right of way.
We are requesting street closure on Atlantic Avenue for the following areas only:
o Atlantic Avenue from Swinton to NE/SE 7th Avenue
0 South side of Atlantic Avenue from ih to just past the Blue Anchor
Pub
0 Railroad Way from Atlantic Avenue to N.E. 1st Street
0 NE 2nd Avenue from Atlantic Avenue to NE 2nd Street
Closure will be from 6:00 p.m. to 10:00 p.m.
We are requesting that the City provide staff support for barricade setup and
removal, trash removal and clean up, police security for traffic control, monitoring
the FEC railway crossing, and banners and signage setup and removal.
The City's support of this event, with no charge to the Joint Venture, is crucial to
our success. Your consideration and cooperation is very much appreciated.
DELRAY BEACH JOINT VENTURE. Community Redevelopment Agency. Delray Beach Chamber of Commerce. Downtown Developmental Authority
64-A S.E. Fifth Avenue, Oelray Beach, FL 33483. Tel: 561-279-1380 Ext. 16. Fax: 561-278-0555. www.downtowndelraybeach.com
DB 0iAMBER CO+1ERCE PAGE 04
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SPECIAL EVENT , ' ; i
HOLD HARMLESS AGREEi;AENT ': I :
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The Downtown De/rav Beach Joint Venture In considerntion of the payment of ten (10) I I
. - (Name of Entity) . " . I I
dollars. receipt of Which Is hereby acknowledged, agl'!*lS to indemnify, hold harrnle.t$ : .
and defend the City: of Delray Beach, Its agents and ~lT\Ployee$ from aD suits. adidrs
and clalms Incll/ding attorney's fees and costs attendant to any daim, rrtigatlOli;.
admin~ltalive proceeding,appeal and judgment of every name and description brou~t~ !
against the city as El result of loss, damage or Injury to person or p(Operty ariSing fn?ri . L
and In exchange for the Downtown Delrav Beach Joint Venture use of City faculties or, 1 :
. ., " (NameofEn~), '," " .. . ", ! ,
property for the Spec/al event of "ART & ~AZZ and he."'eby releases the city of Delra~ '
Beach, its. agents and employees from all suits, ac!iornj: and claims, including attomey\~ '
fees and costs attendant to any claim, litigation, admlni<ative proCeedingll, apPeal ai:1<~ ,
judgment of' every name and description brought against the City as a result of loss), j
damage or injury to Person or property arising from the ~PeciaI,event of ART & JAZZ. '; !. i
. . .' (Name of Entity) , : i
.. l11ils Indemnification and Hold Hannless and Defend Agreement is onlY to fue extej1~
' of insurance maintained by the Downto~ Delray Beach Joint Venture as' covered und~rj' i
Scottsdale Insurance.Company Policy number CLS0731702'. : I '
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ART & JAZZ . ' '! ! '
(Na,meOf'SpecfalEvent)- "', . .:. . ..., '~, . ~ i
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MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGER ~
SUBJECT: AGENDA ITEM # S:t - REGULAR MEETING OF SEPTEMBER 23. 2003
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: SEPTEMBER 19,2003
Attached is the Report of Appealable Land Use Items for the period September 8, 2003 through
September 19, 2003. It informs the Commission of the various land use actions taken by the
designated boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Cle,k\ogenda ntem<>O\apagmem.9,23,03
\ -------.--
TO: D~ T. HARDEN, CITY MANAGER
. ~~
THRU: PAUL DORLlNG, E~TOR OF PLANNING AND ZONING
FROM: ft;''1~NNER
SUBJECT: MEETING OF SEPTEMBER 23,2003 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 8, 2003
THRU SEPTEMBER 19, 2003
The action requested of the City Commission is that of review of appealable actions which
were made by various Boards during the period of September 8, 2003 through September
19, 2003.
1II11l11111!_III.II~I_IIII~~I!_
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting, the
appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E)
of the LDRs applies. In summary, it provides that the City Commission hears appeals of
actions taken by an approving Board. It also provides that the City Commission may file an
appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
_~III~_ml.IIII~II.
No appealable items were considered by the Board, The following items which were
considered by the Board will be forvvarded to the City Commission for action,
. Recommended approval (6 to 0, Sowards abstained), of an amendment to the Land
Development Regulations Section 4.3.3{S) "Telecommunication Towers and
Antennas" to update the LDRs to be consistent with new State laws.
. The Board on a 6 to 1 vote (Kenneth Peltzie dissenting), issued a statement of
consistency of the proposed Capital Improvement Plan (CIP) with the Comprehensive
Plan.
---.
City Commission Documentation
Appealable Items Meeting of September 23, 2003
Page 2
A. Approved (4 to 0, Nancy Stewart, Mayer Abbo and Mark Gregory absent), a request for
flat wall sign for Target, located at the southwest corner of Linton Boulevard and SW
10th Avenue (1200 Linton Boulevard).
B. Approved with conditions (4 to 0), the architectural elevations associated with a Class V
site plan for the Delray Beach Public Library, located at the southeast corner of West
Atlantic Avenue and SW 2nd Avenue (104-132 West Atlantic Avenue).
C. Approved (4 to 0), the Class II site plan modification and landscape plan for Bexley
Park, a proposed single family/multiple family subdivision, located on the north side of
the L-31 Canal, between Military Trail and Barvvick Road. The Board tabled the
architectural elevations so that the applicant could address the numerous technical
conditions as well as to provide additional color schemes.
D. Approved with conditions (4 to 0), a Class IV site plan modification, landscape plan and
architectural elevations associated with the construction of a new 18,227 square foot
showroom/service building for Morse Kia, an existing automobile dealership, located at
the northwest corner of South Federal Highway and Fladell's Way. Concurrently, the
Board approved the following waivers:
- Permitted the repair facility with overhead doors to be oriented towards Fladell's Way.
- Reduced the required stacking distance for the driveway on Dixie highway from 50' to
46'.
"'11_1-
1. Approved (6 to 0, Francisco Perez-Azua), a Certificate of Appropriateness associated
with a Class II site plan modification for the conversion of an office to retail for Swinton
House, located on the east side of Switnon Avenue, between SE 1st Street and SE 2nd
Street (123 South Swinton Avenue).
2. Approved (6 to 0), a Certificate of Appropriateness associated with a Class I site plan
modification to allow the installation of a metal roof, new exterior siding and windows for
Kemish Office, located on the east side of North Swinton Avenue, between NE 1st
Avenue and NE 2nd Avenue (131 North Swinton Avenue),
---
By motion, receive and file this report.
Attachment: Location Map.
'~
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting - GULF STREAM BLVD.
September 23, 2003
L-30CANAL i "
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L-38CANAL C.15 CANAL
SP.R.A.B.: HP.B.
A. TARGET 1. SWINTON HOUSE
B. DELRAY BEACH PUBLIC LIBRARY 2. KEMISH OFFICE CITYUMITS
C. BEXLEY PARK ~'^'V,#, S
D. MORSE KIA
I ONE MILE I
GRAPHIC SCALE
~Q
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2003
.. DIGITAL BASE-MAPPING SYSTEM.-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF SEPTEMBER 23. 2003
AWARD OF BIDS AND CONTRACTS
DATE: SEPTEMBER 19, 2003
1ms is before the City Commission to approve the award of the following bids:
1. Bid award to Gator Landscaping, Inc. at an estimated annual cost of $30,830.00 for the
landscape maintenance of Homewood Boulevard/Linton Boulevard and three (3)
medians on Military Trail. Funding is available from 119-4144-572-46.40 (Beautification
Trust Fund/Maintenance),
2. Purchase award to Team Equipment, Inc. in the amount of $12,948.54 for the purchase
of hydraulic rescue equipment to be used by the Fire Department. Funding is available
from 115-2311-522-64.90 (General Construction Fund/Other Machinery/Equipment),
3. Purchase award to CompUSA in the toral amount of $20,099,00 via State Contract #250-
000-03-1 for the purchase of two (2) replacement servers for the MIS Department.
Funding is available from 334-6112-519-64.11 (General Construction Fund/Computer
Equipment),
4, Purchase award to Dave Holbrook Distributor, Inc. in the toral amount of $23,606.00 via
State Contract #600-760-00-1 for the purchase of a Hasler MagiSert M6000E Folding
and Inserting System for the Utilities Division. The total amount includes all
components, delivery, set-up, training, support and a one (1) year maintenance
agreement. Funding is available from 441-5112-536-46.20 (Equipment Maintenance),
441-5112-536-64.10 (Office Furniture/Fixtures), and 441-5112-536-64.12 (Office
Equipment).
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda mcmo\Bid Memo.9.23.03
---.-- -
MEMORANDUM
TO: David Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Manager ~
Joseph SaffOrd,.ce Director
THROUGH:
DATE: September 16,2003
SUBJECT: DOCUMENTA nON - CITY COMMISSION MEETING
SEPTEMBER 23, 2003 - BID AWARD - BID #2003-50
LANDSCAPE MAINTENANCE - HOMEWOOD BL YD.,
LINTON BLVD. AND THREE (3) MEDIANS ON
MILITARY TRAIL - ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve the bid award to Gator Landscaping Inc. for landscape
maintenance of Homewood Blvd., Linton Blvd., and three (3) medians on Military Trail for an
estimated annual cost of $30,830.00.
Background:
Bids were received on August 22, 2003 from eight (8) contractors all in accordance with City
purchasing policies and procedures. (Bid #2003-50. Documentation on file in the Purchasing
Office.) A tabulation of bids is attached for your review.
The Director of Parks and Recreation and the Parks Superintendent recommend award to the low
bidder, Gator Landscaping Inc. Gator Landscaping Inc. is the current contractor for the City for
these areas, does a satisfactory job and has the necessary equipment and experience to perform
this work. The City is satisfied with their work.
Recommendation:
Staff recommends award to low bidder, Gator Landscaping Inc. for the landscape maintenance of
Homewood Blvd., Linton Blvd., and three (3) areas on Military Trail at an estimated annual cost
of$30,830. Funding from account code #119-4144-572-46.40.
Attachments:
Tabulation of Bids
Memo from Director of Parks and Recreation
'6:J. 1-
--
[IT' OF DELRA' BEA[H
DElRA Y BEACH
~
i(jjr "" ". w. ,.,,""oo . ""., mo". ceo",o.,,,.. ,,,,,.,.,,,"
1993 MEMORANDUM
TO: Jackie Rooney
Purchasing Supervisor
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Bid #2003-50
DATE: August 29, 2003
Attached please find a spreadsheet for Bid #2003-50 for landscape
maintenance on Homewood Boulevard, Linton Boulevard and three medians on
Military Trail. I recommend the contract be awarded to the low bidder,
Gator Landscaping, Inc., in the amount of $30,830. This should be
charged to account #119-4144-572-46.40 in fiscal year 2003-2004. They
are the current vendor for these areas and their contract expires October
30, 2003. They have done a satisfactory job and have the necessary
equipment and experience. Please place this on the agenda for City
Commission consideration on September 23, 2003.
Parks and Recreation
Attachments
cc: David Harden
City Manager
Tim Simmons
Parks Superintendent
Ref:lsbidrec
~ THE EFFORT ALWAYS MATTERS
'=' Printed on Recycled Paper
EIT' DF DELIA' IEAEH
DELRAY BEACH
, , 0 . , 0 ...
D.ezII 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444. 561/243o;c,c'Z
Ail-AmerIca City
, III I!
1993
TO: Joe Weldon, Director of Parks and Recreation
~OM: Tim Simmons, Parks Superintendent
DATE: August27,2003
SUBJECT: Bid 2003-50 - Landscape Maintenance Homewood Blvd.
and Three Medians on Military - Annual Contract
We received a total of eight bidders for the Bid #2003-50, Landscape
Maintenance of Homewood Boulevard and three medians on Military Trail.
Gator Landscaping, Inc. came in as low bidder. He has done satisfactory work
for us in the past and I recommend that he be awarded this contract.
TS/sb
RECEIVED AUG 2 9 2.003
* Printed on R<<:ycIed PIPer THE EFFORT ALWAYS MATTERS
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AGENDA ITEM NUMBER: 'W,~
AGENDA REQUEST
Request to be placed on: September 23, 2003
Date: September 17, 2003
~ Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
Approve award of Bid #2003-50 to low bidder, Gator Landscaping Inc. for annual contract for
landscape maintenance of Homewood Blvd" Linton Blvd., and three (3) medians on Military Trail
for an estimated annual cost of $30,830.
Funding from account code 119-4144-572-46.40.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
_"'",,dS;g''''N' ~. ~~
Determination of Consistency with omprehensive Plan: \..
City Attorney Review/Recommendation (if applicable):
Budget Director Review (reRuired on all itemj,in~oIVing expendifur~f funds):
OJt;;J'~J!...~!l?P) ~ q I oJ
Funding available: Ye ? No
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agendae-4 No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
_.---
[ITY DF DElRRY BER[H
FIRE.RESCUE DEPARTMENT SERVING DELRAY BEACH . GULF STREAM . HIGHLAND BEACH
DElRAY BEACH
~
AII-Amorico City
'IIII!
1993 MEMORANDUM
2001
TO: David T. Harden, City Manager
FROM: Kerry B. Koen, Fire Chief
DATE: September 10, 2003
SUBJECT: Purchase of Hydraulic Rescue Equipment
The Fire-Rescue Department recommends the purchase of hydraulic rescue tools
and equipment from Team Equipment, Inc.) as a sole source provider, to replace older
equipment that has reached the end of its service life. Funding for this equipment was
made available through donations from the Del-Aire Country Club golf tournament
which were deposited in our Paramedic Rescue Account.
The package of requested equipment includes a power unit, hydraulic cutter, hydraulic
spreader, and two lengths of hydraulic hose to provide power to the hand held cutter and
spreader units. Team Equipment, Inc. is the designated distributor in Florida for Honda
equipment which is compatible with other hydraulic tool units now in use within our
system.
Total expense for this purchase is $12,948.54 and the funding is available in Account
#115-0000-64-00.CJl<f,<,ve Ate f) J f ( ".Ja)
11$-?-JII-5",.,.-/"1/,,1P (EJrfC"JIC- ,eLf- fd b~ <-J-e- -F..r H-~ ".J~
v~ lS.~
Kerry B. Koen
Fire Chief
KBK/cls
Attachement: I ~.~
FIRE-RESCUE DEPARTMENT HEADQUARTERS' 501 WEST ATLANTIC AVENUE' DELRAY BEACH, FLORIDA 33444-2555
(561) 243-7400 . FAX (561) 243-7461
Printed on Recycled Paper
--,'-- -,------
Date: 9/9/03 AGENDA ITEM NUMBER: ~,z..
AGENDA REOUEST
Request to be placed on:
---X- Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: 09/23/03
Description of agenda item (who, what, where, how much):
Fire-Rescue Department recommends purchase of replacement extrication tools from Team
Rescue Equipment as a sole source. The total cost is $12, 948.54. Funding is available from
our Paramedic Fund #115-0000-248-64-00.
Department Head \(~ 1~' t...
Signature: .
City Attorney Review'Recommendation (if applicable): N/A
Budget Director Review (re~ on ~ items involving expenditure of funds):
C. r 1",1"$ ~ 'll )...I...~
Funding Available: 'I 0 Initials: Yes
1J-r-').;:lI"S'?-,-b'f,Qp ",j{.<f'" ,...../.."'..., _! fi.-'V'~.f ("-,,/<v< o<dFQr 1',0)
Account Number ( 115-0000-248-64-00 A<-T<rv~ k,f ~ .,Iwl-("'.~,< 'f r~l-;,"tJ
Description Paramedic Fund
< ~ <f rlff/o2
Account Balance: Utcve' STf,5{'?
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:r!?/ No InitialS:~
Hold Until: .
Agenda Coordinator Review:
Received:
---- ,--.--
~
MEMORANDUM
TO: David Harden, City Manager
FROM: Patsy Nadal, Buyer
THROUGH: Joseph Safford, ~ Director
DATE: 9/1 9/2003
SUBJECT: PURCHASE APPROVAL-REPLACEMENT SERVERS
FROM COMPUSA CORPORATE
Item Before Commission:
City Commission is requested to approve the purchase of two (2) replacement servers, one (I)
SQL Data Server and one (I) Citrix Data Store via the State of Florida Contract #250-000-03-1.
The total purchase amount is $20,099.00 including all needed components.
Baek!!round:
SOL Data Server -This server is a replacement server for SOL Database applications. Currently this
server maintains the City's application data for Hansen (Storm Water, and Fieldl Works), Rectrac
for Parks, Expedition for ESD, Niche for Police, and a host of smaller applications. This server
continues to require high demand on Disk space, Memory, and Speed. Currently we are
experiencing memory and speed problems for Hansen. Disk space is getting near critical state as we
continue to populate the server with new applications.
Citrix Data Store -This server load balances applications for Citrix shared applications. The machine
will provide our current Citrix and Terminal server user access to applications shared on our Network.
Example: Hansen, Expedition, Rectrac, MS office Pro, and the AS/400. The server does not require
many of the same internals as the above server due to the nature of it only providing the route of where to
get an application. This machine currently serves the same users as above from an application standpoint.
Currently this server has no power supply redundancy and is low on disk, speed, and memory. Users are
complaining that the applications are taking a while to load.
Recommendation:
Joseph Safford, Director of Finance, and Guy Buzzelli, MIS Manager, recommend the purchase of (2)
two replacement servers via the State of Florida Contract #250-000-3-1, for $20,099.00.
Funding from account code: 334-6112-519-64.11 $20,099.00
Attachments: Requisition #106765 & #10766
Server Configuration 'G-.3
FinanceIMIS Memo Recommendation
cc: Jackie Rooney, Purchasing Manager ~
.HP Pllblic Sector Online Store Vendor: tI:ls55y Page I 0[1
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>> products: & servIces: )) !Upport & dnvor! >> solutions >>how to
)) contact hp buy online or call 1,800.727.2472 search: I
Ii all of hp US
I STATE ANa LOCAL PRICELlST
oublic sector home I servers I ho ProLiant300 Series I ho ProUant DL380 G3 I
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ProLiant DL380 G3 Intel@XeonTM 3.06 GHz-Rack Model
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>>TTY
Intel@Xeon™ Processor 3.06GHz/512KB
second processor
l,ntel@xeon'" 3.06GHz/533-512KB Processor - Option Kil[257916-B21] ~
memory
14GB Base Memory (2x1024, 4x512) [4GBDDR-01G]
storage controller
Integrated Smart Array 5i Plus Controller
storage controller upgrade
I Battery Backed Write Cache Enabler Option Kit [255514-B21] ~
additional controllers & adapters
Any additional controller or adapter selected will be used for external devices only
lsmart Array 5304/256MB Four Channel Controller (RAID) [283551-B21]
drive cage
Hot Plug Drive Cage-Ultra3 (5 x 1" and 1 x 1.6")
RAID setting
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Smart Array 5304 Controller.
IRAID 0 setting (Requires minimum of2 matching drives) [143444.IND] ...=.I' ~
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@ 1994-2003 Hewlett-Packard Company
http:/ /gem.compaq.com/gemstore/MiddleFrarne.asp?page=configure&ProductLineld=3&F ... 9/17/2003
" H'p Public Sector Online Store Page I of3
. The industry's most high-availability features in a dense, 2-
way server enable customers to configure the system with the
optimal amount of uptime for various uses and environments
. Integrated Lights-Out (iLO) provides virtual administration
capabilities, without occupying a PCI slot, for secure access
and control of servers
. The latest performance technology, including Intel@Xeon™
processors, the ServerWorks GC-LE chipset, PCI-X expansion
slots, dual embedded NC7781 Gigabit NICs, a Smart Array 5i
Plus controller with optional Battery-Backed Write Cache and
simplex/duplex drive cage
. Ships standard with the ProLiant Essentials Foundation
Pack, (including SmartStart and Insight Manager) and
supports other ProLiant Essentials tools like the Rapid
Deployment Pack and iLO Advanced Pack
customize your configuration:
processor
Intel@XeonT. Processor 3.06GHz/512KB
second processor
Ilntelqj)xeon'" 3.06GHz/533-512KB Processor - Option Kit[257916-B21] ..=J'
memory
14GB Base Memory (2x1024, 4x512) [4GBOOR-01G] ..:1
storage controller
Integrated Smart Array 5i Plus Controller
storage controller upgrade
I Battery Backed Write Cache Enabler Option Kit[255514-B21] ..:::l
additional controllers & adapters
Any additional controller or adapter selected will be used for external devices only
I Smart Array 5304/256MB Four Channel Controller (RAIO) [283551-B21] ..=J
drive cage
Hot Plug Drive Cage-Ultra3 (5 x 1" and 1 x 1.6")
RAID setting
RAID requires selection of an array controller and speCific number of matching hard drives. ADG requires
Smart Array 5304 Controller.
IRAID 5 w/Online Spare-(mlnimum of 4 matching drives) [143447-INO] ..:::l
1st hard drive
1146,8 GB Pluggable Ultra320 SCSI 1 0,000 rpm Universal Hard Drive (1 ") [286716-B22] ..:::l
2nd hard drive
1146.8 GB Pluggable Ultra320 SCSI 10,000 rpm Universal Hard Drive (1") [286716-B22] ..=J
3rd hard drive
1146.8 GB Pluggable Ultra320 SCSI 10.000 rpm Universal Hard Drive (1") [286716-B22] ..=J
4th hard drive
1146.8 GB Pluggable Ultra320 SCSI 10.000 rpm Universal Hard Drive (1") [286716-B22] ..=J
5th hard drive
1146,8 GB Pluggabie Ultra320 SCSI 10,000 rpm Universal Hard Drive (1") [286716-B22] ..=J
6th hard drive
I No Item Seiected ..=J
hot plug tape drive
Each Drive occupies (1.6") of Hard Drive Bay space. Selection not allowed if 6th Hard Drive is selected
I No Item Selected ..=J
redundant power supply
http:/ /gem.compaq.com/gemstore/configuration.asp?View=&ProductLineId=3&Familyld= ... 9/17/2003
" ' IfP Rublic Sector Online Store Page 2 of3
.
I No Item Selected ~
redundant fan options
I No Item Selected ~
monitor
I No Item Selected ~
floppy disk drive
1.44MB Floppy Disk Drive
cd-rom/dvd
124X Low-profile IDE CD-ROM Drive [n/a cd-rom7] ~
network card
Two (2) Compaq NC7781 PCI-X Gigabit NICs (embedded) PCI
10/100/1000 WOL
additional network card
I No Item Selected .:::.f
rack mounting rails
I Sliding Rails and Cable Management Arm [n/a rails 1] .:::.f
operating system
For more information about Factory Installed Operating Systems, Click Here
I No Item Selected .:::.f
server management
SmartStart & Insight Manager 7
additional server management
r Integrated Lights-Out Management - standard [n/a srv mangt] ~
warranty
Warranty - 3 year Next Business Day Onsite
Additional Options
service, support and upgrades
I No Item Selected ~'
installation service
I No Item Selected ~
uninterruptible power systems
r hp UPS R1500 XR (1440VA, 1340 Watt), Low Voltage -
Rack [Add $849.00]
Microsoft OS Client Access Licenses - not installed
r Microsoft@ 5 Client License Pack for Windows@ 2000
Server [Add $152.00]
r Microsoft@ 5 Device Client License Pack for Windowsill>
Server 2003 [Add $152.00]
r Microsoft@ 5 User Client License Pack for Windows@ Server
2003 [Add $152.00]
ProLiant Essentials software
For information on volume quantity license packages Click Here
r ProLiant Essentials Integrated Lights-Out Advanced
Pack [Add $375.00]
r ProLiant Essentials Rapid Deployment Pack V1X (10
Licenses) [Add $1.119.00]
r ProLiant Essentials Rapid Deployment Pack V1X (1
License) [Add $112,00]
http:/ /gem.compaq.comlgemstore/configuration.asp?View=&ProductLineId=3&FamilyId= ... 9/17/2003
~- -~
. . IfP Public Sector Online Store Page 3 of3
.
r ProLiant Essentials Recovery Server Option Pack (One RSO
Pack required per solution of two servers and one Smart Array
Cluster Storage) [Add $845.00]
r ProLiant Essentials Performance Management Pack v2.0,
Single License [Add $93.00]
black & white printers
Printers offering unrivaled print quality for any budget. learn more
I No Item Selected ..:.1
color printers
learn more
I No Item Selected ~
multifunction & all.in-ones
Versatile performers providing print, scan, copy and fax functions. learn more
I No Item Selected ~
add to (CHI>>
http://gem.compaq.comlgemstore/configuration.asp?View=&ProductLineId=3&FamilyId=... 9/17/2003
-------- ------------- ---
HP Public Sector Online Store \j~~ Cb~ Lt~A Page I of I
-#rObtCo(, ~~~ 2-'Sb-oCD-G5 I
UNITEI
>> products & seNlces >> support & drive... >> solutIOns >> how to
)) contact hp buy online or call 1,800.727.2472 search: I
Ci all of hp US
I STATE AND lOCAL PRICE LIST
public sector home I servers I hp ProLlant300 Series I hp ProLlant Dl380 G3 I
Proliant Dl380 G3 Intel@XeonTM 3.06 GHz-Rack Model
Pi] servers
ProLiant DL380 G3 Intel@XeonTM 3.06 GHz-Rack Model
~ " 'lI . n I
.
)) state and local . The industry's most high-availability features in a
way server enable customers to configure the syste
iii shopping cart optimal amount of uptime for various uses and envi,
. Integrated Lights-Out (iLO) provides virtual admi,
your cart is empty capabilities, without occupying a PCI slot, for seCUrE
and control of servers
system . The latest performance technology, including Int.
processors, the ServerWorks GC-LE chipset, PCI-X
uantity : 1 slots, dual embedded NC7781 Gigabit NICs, a Sma
system price : $5,355.00 Plus controller with optional Battery-Backed Write C
simplex/duplex drive cage
>> store menu . Ships standard with the ProLiant Essentials FOUl
>> product search/compare Pack, (Including SmartStart and Insight Manager) a
)) retrieve saved quote supports other Proliant Essentials tools like the Ral
>> view cart Deployment Pack and iLO Advanced Pack
>> order status
>> help customize your configuration:
>> return policy
>>TTY
processor
Intel@Xeon™ Processor 3,06GHz/512KB
second processor
I No Item Selected ~
memory
12GB Base Memory (4x512) [2GBDDR-01G]
storage controller
Integrated Smart Array 5i Plus Controller
storage controller upgrade
I Battery Backed Write Cache Enabler Option Kit [255514-B21] ~.
additional controllers & adapters
Any additional controller or adapter selected will be used for ex1ernal devices only
I No Item Selected
drive cage
Hot Plug Drive Cage-Ultra3 (5 x 1" and 1 x 1.6")
RAID setting
RAID requires selection of an array controller and specific number of matching hard
Smart Array 5304 Controller.
I RAID 1 setting (Requires minimum of 2 matching drives) [143445-IND] ~ ~
.-!J ..... h.....A rI.i...... l
crivacv statement usina this site means YOU acceot its terms feedback to webmaster
@ 1994-2003 Hewlett-Packard Company
http:/ /gem.compaq.comlgemstore/MiddleFrame.asp?page=configure&ProductLineId=3&F ... 9/18/2003
Page I of3
"
. The industry's most high-availability features in a dense, 2-
way server enable customers to configure the system with the
optimal amount of uptime for various uses and environments
. Integrated Lights-Out (iLO) provides virtual administration
capabilities, without occupying a PCI slot, for secure access
and control of servers
. The iatest performance technology, including Intei@Xeon™
processors, the ServerWorks GC-LE chipset, PCI-X expansion
slots, dual embedded NC7781 Gigabit NICs, a Smart Array 5i
Plus controller with optional Battery-Backed Write Cache and
simplex/dupiex drive cage
. Ships standard with the ProLiant Essentials Foundation
Pack, (including SmartStart and Insight Manager) and
supports other ProLiant Essentials tools like the Rapid
Deployment Pack and iLO Advanced Pack
customize your configuration:
processor
Intel@ Xeon ™ Processor 3.06GHz/512KB
second processor
I No Item Selected ~
memory
12GB Base Memory (4x512) [2GBDDR-01G] ~
storage controlle.
Integrated Smart Array 5i Plus Controller
storage controller upgrade
I Battery Backed Write Cache Enabler Option Kit [255514-B21] ~
additional controllers & adapters
Any additional controller or adapter selected will be used for extemal devices only
I No Item Selected ..:.J
drive cage
Hot Plug Drive Cage-Ultra3 (5 x 1" and 1 x 1.6")
RAID setting
RAID requires selection of an array controller and specific number of matching hard drives. ADG requires
Smart Array 5304 Controller.
I RAID 1 setting (Requires minimum of 2 matching drives) [143445-IND] ~
1st hard drive
172.8 GB Pluggable UIlra320 SCSI 10.000 rpm Universal Hard Drive (1") [286714-B22] ~
2nd hard drive
172.8 GB Pluggable Ultra320 SCSI 10.000 rpm Universal Hard Drive (1") [286714-B22] ..:.J
3rd hard drive
I No Item Selected ~
4th hard drive
I No Item Selected ..:.J
5th hard drive
I No Item Selected ~
6th hard drive
I No Item Selected ~
hot plug tape drive
Each Drive occupies (1.6") of Hard Drive Bay space. Selection not allowed if 6th Hard Drive is selected
I No Item Selected ..:.J
redundant power supply
file://C:\DOCUME-I \DELPOR-I \LOCALS-I \Temp\03PIN6XM.htm 9/18/2003
'--
Page 2 of3
.
I Hot Plug Redundant Power Supply Module (NEMA cord) (NA) [313054-001] ~
redundant fan options
IOL380 G3 Redundant Fan Option Kit (3 fans) [293048-821] ~
monitor
I No Item Selected ..:J
floppy disk drive
1.44MB Floppy Disk Drive
cd-rom/dvd
124X Low-profile 10E CO-ROM Drive [n/a cd-rom?] ~
network card
Two (2) Compaq NC7781 PCI-X Gigabit NICs (embedded) PCI
10/100/1000 WOL
additional network card
I No Item Selected ~
rack mounting rails
I Sliding Rails and Cable Management Arm [n/a rails 1] ~
operating system
For more information about Factory Installed Operating Systems, Click Here
I No Item Selected ~
server management
SmartStart & Insight Manager?
additional server management
t Integrated Lights-Out Management - standard [n/a srv mangt] ..:J
warranty
Warranty - 3 year Next Business Day Onsite
Additional Options
service, support and upgrades
I 24-Hour x 7-Day, 4-Hour Response On-Site Coverage - 3 Years [162657-002] _=.J
installation service
I No Item Selected ..:J
uninterruptible power systems
r hp UPS R1500 XR (1440VA, 1340 Watt), Low Voltage -
Rack [Add $849.00]
Microsoft OS Client Access Licenses - not installed
r Microsolt@ 5 Client License Pack for Windows@ 2000
Server [Add $152.00]
r Microsolt@ 5 Device Client License Pack for Windows@
Server 2003 [Add $152.00]
r Microsolt@ 5 User Client License Pack for Windows@ Server
2003 [Add $152.00]
ProLiant Essentials software
For information on volume quantity iicense packages Click Here
r ProLiant Essentials Integrated Lights-Out Advanced
Pack [Add $375.00]
r ProLiant Essentials Rapid Deployment Pack V1X (10
Licenses) [Add $1,119.00]
r ProLiant Essentials Rapid Deployment Pack V1X (1
License) [Add $112.00]
file://C:\DOCUME-I \DELPOR-I \LOCALS-I \Temp\03PIN6XM.htm 9/18/2003
-------
Page 3 00
.
r ProLiant Essentials Recovery Server Option Pack (One RSO
Pack required per solution of two servers and one Smart Array
Cluster Storage) [Add $845.00]
r ProLiant Essentials Performance Management Pack v2.0,
Single License [Add $93.00]
black & white printers
Printers offering unrivaled print quality for any budget. learn more
I No Item Selected ~
color printers
learn more
I No Item Selected ~
multifunction & all-in-ones
Versatile performers providing print, scan, copy and fax functions. learn more
I No Item Selected ~
odd to (od>>
file://C:\DOCUME-I \DELPOR-I \LOCALS-I \Temp\03PIN6XM.htm 9/18/2003
.---------
AGENDA ITEM NUMBER: ~3
AGENDA REQUEST
Request to be placed on: September 23, 2003
Date: September 19, 2003
.lL- Consent Agenda _ Special Agenda _ Workshop Agenda
Description of agenda item:
City Commission is requested to approve the purchase of two (2) replacement servers, one (I)
SQL Data Server and one (I) Citrix Data Store via the State of Florida Contract #250-000-03-1.
The total purchase amount is $20,099.00 including all needed components.
ORDINANCE/RESOLUTION REQUIRED: YES NO _X_
Draft Attached YES NO
Recommendation:
Joseph Safford, Director of Finance, and Guy Buzzelli, MIS Manager, recommend the purchase
of (2) two replacement servers via the State of Florida Contract #250-000-3-1, for $20,099.00.
_......_..._N' ~. ~~
Detennination of Consistency . Comprehensive Plan: \..
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items inV~Jving expenditure of funds):
<!3. ....)1"> 0:7
Funding available: Yes ~ No
Funding alternatives: (if applicable)
Account Number: ..~'t-<Ol)1-~<'I'I -l..-t .11
Account Description:
Account Balance:
City Manager Review:
Approved for agenda8-4 No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM: Patsy Nadal, Buyer
THROUGH: Joseph saffOr~Director
DATE: 9/1 9/2003
SUBJECT: PURCHASE APPROVAL-HASLER FOLDERflNSERTER
FROM DAVE HOLBROOK DISTRIBUTOR, INe.
Item Before Commission:
City Commission is requested to approve the purchase of a Hasler MagiSert M6000E Folding and
Inserting system from Dave Holbrook Distributor, Inc. an authorized distributor for Hasler Mailing
Systems, Inc. via the State of Florida Contract #600-760-00- I. The total purchase amount will be
$23,606.00 including all components, delivery, set-up, training, support and one (I) year maintenance
agreement included. The maintenance agreement will be $2,000.00 per year thereafter.
BacImround:
The folder/inserter system will be used initially for Utility Billings conversion from postcard billing to
8- 1/2 x II sheet paper billing with an addition of a return envelope for payment. Utility Billing currently
utilizes the postcard method for the billing of water usage. The Post Office is in the process of increasing
the postage rate in order to discourage the use of postcards of any type and in the near future will no
longer accept postcards. At this time Utility Billing, processes 19,500 water bills per month and this
count will increase with the City's growth.
The Hasler folder/inserter will collate individual sheets, fold, insert, and seal the flap of an envelop at a
rate of 3,500 sheets per hour. This will enhance productivity when compared to manually processing by
hand and automate the mailings of utility bills, checks, and other high volume mailing activities
preformed by the City. See attached quote from Dave Holbrook Distributors, Inc., faxed on 09/1 7/2003.
Recommendation:
Joseph Safford, Director of Finance, and Guy Buzzelli, MIS Manager, recommend the purchase of the
Hasler MagiSert M6000E Fold/Inserter via the State of Florida Contract #600-760-00-1 for $23,606.00.
Funding from account code: 441-5112-536-64.12 $20,106.00
441-5112-536-64.10 1,500.00
441-5112-536-46.20 2,000.00
Attachments: Requisition #106537
Quote 09/17/03
Finance/MIS Memo Recommendation ~.4
cc: Jackie Rooney, Purchasing Manager ~
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joseph M. Safford
Director of Finance
SUBJECT: Purchase of Foldernnserter for Utility Bill Laser Printing Project
DATE: September 19, 2003
Hasler, Inc. is a leading manufacturer of mail processing equipment. Hasler, Inc. is also on State
Contract.
On August 19, 2003, Hasler gave a demonstration on the two different models of folderflnserter systems
that had the capability of meeting the needs of the City's expected volume demand for the forms laser
printing process, These two systems were the M4000 and the M6000E.
We are recommending the purchase of the M6000E Model over the M4000 as the M4000 did not have a
conveyer belt input tray for the return envelopes which is needed for the continuous feed process. The
M6000E had not only this option, but several other desirable options as well.
GB/sam
Dave Holbrook Distributors, Inc.
P.O. Box 24321. Ft. Lauderdale, FL 33307
Palm BNch 1i61-732~llti _lI54-SG4-48lW
MliIID'Daae 308-94-1162 Fill( 964-584.qJ91
THE CITY OF DELRA Y
ATTN: PATSY NADELL
AS PER YOUR REQUEST HERE ARE THE FOLLOWING PRICES FOR THE
EQUIPMENT QIJOTEU.
I M60004E $16,400.00
1 MAX FFFDLR $ 2,870.00
I MARTIN YALE JOGGER SlACKER $ 500.00
1 CONVEYLR STACKER $ 336.00
I (I) YEAR MAINTFNANCEAGREEMENT $ 2,000.00
I 48" X 30" STAND/TABLE WITH LOCKING
CASTERS $ 1,500.00
FL STATE CONTRACT #600-760-00-1
....
WSTOMEIIS
mME FIRST
~
HASlEH
Website: www.metermaiI.eom
10 J9\1d lsro ~OO~H10H JA\lO 1&LBt>9~t>% BE:L1 EBB/:! L 1/&B
AGENDA ITEM NUMBER: ~ '1:-
AGENDA REQUEST
Request to be placed on: September 23, 2003
Date: September 19, 2003
~ Consent Agenda _ Special Agenda _ WOrXshop Agenda
DescriDtion of aaenda item:
City Commission is requested to approve the purchase of a Hasler MagiSert M6000E Folding
and Inserting system from Dave Holbrook Distributor, Inc. an authorized distributor for Hasler
Mailing Systems, Inc. via the State of Florida Contract #600-760-00-1. The total purchase
amount will be $23,606.00 including all components, delivery, set-up, training, support and a
one (1) year maintenance agreement included. The maintenance agreement will be $2,000.00
per year thereafter.
ORDINANCE/RESOLUTION REQUIRED: YES NO _X_
Draft Attached: YES NO
Recommendation:
Approve the purchase of the Hasler MagiSert 6000E Foldllnserter via the State of
Florida Contract #600-760-00-1 for $23,606.00,
Department Head Signature: ~ _ ~ ~
Detennination of Consistency with C prehensive Plan: '"'
City Attorney Review/Recommendation (if applicable):
Budget Director Review (reqU1 0!JJ a~' items involving expenditure of funds):
~
Funding available: Y ') ) No
Funding alternatives: ~'i(-Sil"- fl" - "";..e' (if applicable)
Account Number: 1.11f'-,n.2. -5"1' - /. '1~/D
l.I"fI_.fIl~-.r1'- 't.{~12
~..."......,. ,..,.....+~..uff
Account Description: (1 p(.~ F..rN,+~ I"''rf-~<rr
:f.Hoot- 6.,<1t..""""+
., ,'lu - ,,.. '#I(...",br.oo\l~e ~;: "",IJcP
Account Balance: f;", I SOv _ I'f~ ,,..,c_.). r"'(.~ _.; ~'I.r1?1I
.,. ~o, 'I" - 'r~ lAC_I. ,._c~ 'J .. ~PJO'
City Manager Review:
Approved for agenda:B 4 No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
Harden, David ~
To: Jon Levinson
Subject: RE: Mallory Square SPRAB appeal
Yes. We will set it up.
-----Original Message-----
From: Jon Levinson [mailto:jonlev@bellsouth.net]
Sent: Tuesday, September 16, 2003 11: 25 AM
To: "Mr. David Harden"
Subject: RE: Mallory Square SPRAB appeal
Great, can Barbara make that note on the agenda?
Jon
-----Original Message-----
From: Harden, David
Sent: 9/16/2003 11:23 AM
To: 'Jon Levinson'
Subject: RE: Mallory Square SPRAB appeal
Anyone who voted on the prevailing side can move to reconsider at the meeting on the 23rd.
If the motion to reconsider passes, then you can go ahead and hear the matter that
evening.
-----Original Message-----
From: Jon Levinson [mailto:jonlev@bellsouth.net]
Sent: Monda y , September 15, 2003 6:43 PM
To: "Mr. David Harden"
Cc: "Mr. Cary Glickstein"
Subject: RE: Mallory Square SPRAB appeal
In that case I would request it be reconsidered. Will I need to move to reconsider first
at next weeks meeting and then have it heard subsequently? Or can it be moved on the 23rd
and heard that evening?
Thanks
Jon
JonLevinson@cornpuserve.com
561-243-2690 Office
561-243-9242 Fax
561-212-2799 Cell
www.jonlevinson.com
www.MyDelrayBeach.com
-----Original Message-----
From: Harden, David
Sent: 9/15/2003 3:39 PM
To: IJon Levinson'
Cc: Perlman, Jeff; 'Lang6l4l@bellsouth.net'; 'delraycommish@aol.cam'; Darling, Paul
Subject: FW: Mallory Square SPRAB appeal
1 gA
----------
.
It appears that Cary has a valid complaint. Would you like this item put back on next
week's agenda? (That is if Cary or his representative is available to attend.)
-----Original Message-----
From: Darling, Paul
Sent: Monday, September 15, 2003 8:40 AM
To: Harden, David
Subject: RE: Mallory Square SPRAB appeal
Mr. Harden,
Unfortunately, it was assumed that the applicant was aware that an appealed item went to
the next City Commission meeting and further that notice was provided by the City Clerks
office in response to the written request
received by them. We will provide notice in the future.
Paul
-----Original Message-----
From: Harden, David
Sent: Saturday I September 13, 2003 5:54 PM
To: Darling, Paul
Subject: FW: Mallory Square SPRAB appeal
Exactly how was notification to the applicant handled in this case?
-----Original Message-----
From: Jon Levinson [mailto:jonlev@bellsouth.net]
Sent: Saturday f September 13, 2003 2:51 PM
To: "Mr. Cary Glickstein'!
Cc: "Mr. David Harden"
Subject: RE: Mallory Square SPRAB appeal
I have asked the City Manager to determine if you had been given
adequate notice. I am awaiting his reply.
Best,
Jon
JonLevinson@compuserve.com
561-243-2690 Office
561-243-9242 Fax
561-212-2799 Cell
www.jonlevinson.com
www.MyDelrayBeach.com
-----Original Message-----
From: Cary Glickstein, Ironwood Properties
Sent: 9/12/2003 9:51 AM
To: rnayor@mydelraybeach.coffi; jonlevinson@compuserve.coffi; lang614l@bellsouth.net;
delraycommish@aol.com
Subject: Mallory Square SPRAB appeal
Mayor Perlman, and Commissioners Levinson, Archer, and McCarthy:
2
. .
There was an item on your agenda for the recent 9/9 meeting pertaining to an appeal of a
SPRAB decision regarding a tot-lot on the Mallory Square townhome project. In short, due
to some confusion and miscommunication, we were not notified that the matter was on the
9/9 agenda, and we were not present to present our justifications. We had received
information the day before (9/8) from Planning and Zoning that indicated the matter may be
heard
again by SPRAB, rather than by appeal to the Commission. We learned late
yesterday that the matter was, in fact, on your agenda, and was denied. In this regard,
I, respectfully, request that this item be placed on the next available agenda for re-
consideration. It is an important issue that has implications for our project and future
downtown projects, and I think our information would be important in rendering a decision.
The City Clerk has advised that the only way this issue can be re-considered is if she
receives
a request by one of you to re-consider the matter. Please call me if you
have any questions (279-8952). Thank you for your cooperation. Cary
Glickstein
3
~
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243-7090. FACSIMILE 561/278-4755
DElRA Y BEACH Writer's Oirec! Line: 561/243-7091
, L 0 . I D A
.......
Al-AmerlCI CIIy
Jill! MEMORANDUM
DATE: September 19, 2003
TO: City Commission..-.
h- -r-
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment No.1 to the Solid Waste Franchise Aareement
This proposed amendment between the City and Waste Management provides
that the initial term of the franchise agreement shall extend until September 30,
2008, with one five year renewal upon the consent of both parties. The
amendment further provides that Waste Management shall defend, indemnify and
hold the City harmless regarding the current litigation involving the franchising of
construction and demolition debris where the City and BFI are being sued by
Southern Waste Systems. We have also added language to the franchise
agreement to provide that Waste Management must assert a claim and bring a
lawsuit forvvard within a certain time period or it would be barred.
By copy of this memo to David Harden, our office requests that this item be placed
on the September 23, 2003 City Commission agenda.
Please call if you have any questions.
Attachment
cc: David Harden, City Manager
Barbara Garito, City Clerk
Joe Safford, Finance Director
ells (' CiB.i
AMENDMENT NO.1 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCillSE AGREEMENT DATED SEPTEMBER 20. 2001
TillS AMENDMENT NO. 1 to the Solid Waste and Recycling Collection
Franchise Agreement dated September 20, 2001 is made this _ day of
, 2003 by and between the CITY OF DELRAY BEACH (the
City) and WASTE MANAGEMENT, INC. OF FLORIDA (nWMn).
WIT N E SSE T H:
WHEREAS, the City and BPI Waste Systems of North America (" BFI")
entered into a Franchise Agreement dated September 20, 2001, to provide for the
collection of solid waste and recycling materials within the City; and
WHEREAS, WM is in the process of purchasing certain assets of BPI, which
include the franchise agreement with the City; and
WHEREAS, this purchase is anticipated to close during the month of October,
2003; and
WHEREAS, Section 37 of the Franchise Agreement between the City and BFI
requires that BPI obtain City approval for the assignment; and
WHEREAS, the City is currently engaged in litigation regarding the
franchising of construction and demolition debris; and
WHEREAS, WM has in the past sued the City regarding the franchise
agreement; and
WHEREAS, as set forth herein, WM shall agree to indemnify, hold harmless
and defend the City regarding the current litigation brought against the City regarding
the franchising of construction and demolition debri; and
_._--~-_.".-
WHEREAS, WM apologizes and the City Commission accepts WM's apology
for filing suit previously when its franchise was not renewed; and
WHEREAS, the franchise agreement is hereby amended to provide that the
term of this Agreement shall begin October I, 2003; and
WHEREAS, this amendment shall be of no force and effect if the purchase of
certain assets of BFI by WM fails to close.
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. The Agreement dated September 20, 2001, is hereby amended to
provide that the City consents to the purchase of certain assets of BPI Inc. of North
America by Waste Management Inc. of Florida.
3. Section 1, "Term" of the Agreement is hereby amended to provide that
the term of the Agreement shall begin on October 1, 2003 and expire on September 30,
2008 and shall also be renewable for one five year term upon the approval of both
parties.
4. WM agrees to take over the complete defense of the City and indemnify,
defend and hold harmless the City, with regard the pending lawsuit in federal court
captioned Southern Waste Systems, LLC v. City of Delray Beach and BFI Waste
Systems of North America, Case No. 03-80003 including, but not limited to the
payment of attorney fees and costs at the trial and appellate levels. WM shall not be
required to pay any damages to the City under the indemnification and hold harmless
provisions, provided, however, WM shall pay all compensatory damages (but not
punitive, special or incidental damages) and attorney fees and costs that may be
2
.
awarded to the Plaintiff. WM further agrees that if any court of law should determine
that the franchise agreement between the parties or the applicable ordinances
concerning the franchising of construction and demolition debris violates any statute,
constitution or law, then WM shall voluntarily agree to amend any portion of the
franchise agreement to comply with the Court's ruling and hereby voluntarily consents
to the adoption of a revised ordinance that the City deems it needs to adopt to be in
compliance with the Court order.
5. WM further agrees that prior to the filing of any claim or lawsuit against
the City based upon a breach or default by the City under franchise agreement it shall
notify the City, within 30 days, of the action or inaction giving rise to the claim or
lawsuit. WM shall not claim any damages against the City greater than 30 days prior
to its notification. Once WM files its claim, WM shall then have 90 days in which to
file a lawsuit or legal action in a court of law against the City or it shall forever be
barred from doing so. WM shall not attempt to sue, or threaten to sue and shall not
sue, for any claim or cause of action if the City Solid Waste Collection franchise
agreement is not renewed or otherwise extended. Moreover, WM shall not file a
claim, lawsuit or any other cause of action against the City based upon any "tipping" or
"disposal" fees that it mayor may not receive from the Solid Waste Authority. It is
understood by WM that certain payments are made in arrears; accordingly, WM may
only be allowed to file a claim or lawsuit based upon the failure of the City to pay the
arrearages after the expiration or non-renewal of the franchise agreement and only for
the amounts that are consistent with the payments made during the last 3 months of the
franchise agreement.
3
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6. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating to the
subject matter hereof. It is the final expression of agreement between the parties, thus,
neither party shall be entitled to rely upon any conflicting oral representations,
assurances, claims or disclaimers, made either prior to or simultaneous with the
execution of this Amendment.
7. Except as expressly modified in writing herein or as modified by
subsequent written amendments, all other terms and conditions of the original
Agreement and any amendments thereto survive this Amendment and are deemed to be
incorporated herein and are binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Solid Waste and Recycling Collection Franchise Agreement on the day and year first
hereinabove written.
ATTEST: CITY OF DELRA Y BEACH, FLORIDA
By:
City Clerk Jeff Perlman, Mayor
Approved as to legal form
and sufficiency:
City Attorney
WITNESSES: WASTE MANAGEMENT, INC.
OF FLORIDA
By:
Harold Carter. District Manager
(Name printed or typed)
(Corporate Seal)
4
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.
(Name printed or typed)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day
of , 200 , by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
5
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t q/9r
.
MEMORANDUM
!'i[;r,'IVED
[.UG 2 7 2003
?/iA\NAGER
To: David T, Harden, City Manager
From: Joseph M, saffor~nce Director
Date: August 26, 2003
Subject: Assignment ofBFI Contract to Waste Management
Five Year Extension to Present Franchise Agreement
In a meeting this date with Mr, Phillip Foreman, District Manager, and Ms. Sally Stanton,
Sales and Marketing Manager, of Browning Ferris Industries, Inc. (BFI) and Mr. Harold
Carter, District Manager, of Waste Management, Inc. we were advised of the sale and
purchase ofBFI by Waste Management effective September 30, 2003. Correspondence
from both entities explained this agreement and requested the assignment of our
Franchise Agreement to Waste Management subject to this sale and purchase agreement.
A copy of their correspondence and the Assignment and Assumption of Contract form is
attached. The current BFI site would be closed within a ten (10) month period with all
administrative and maintenance services conducted from the Waste Management offices
in Boynton Beach.
This office has been involved in discussions with the Solid Waste Authority over this
pending sale and purchase agreement in an effort to evaluate the City's position in
approving this assignment. It is recognized that Delray Beach currently has some of the
best rates and service contracts in Palm Beach County. The collection rates are adjusted
annually by the CPI Index, not to exceed 3%, and all other rates are fixed. We learned
from the Solid Waste Authority that there are only three (3) solid waste contractors that
have the resources and expertise to handle a city our size, Waste Management being one
of those firms, Therefore, it would be in our best interest to extend our current contract
with BFI by the five (5) extension clause and therefore the initial Waste Management
contract would actually be an eight (8) year contract.
Waste Management and BFI representatives have verbally approved the extension of the
present Franchise Agreement by five (5) years if the assignment is approved by the City.
Both entities have expressed their feelings that we should see improved services to the
residents of Del ray Beach due to the resources available at Waste Management.
We therefore would seek City Commission approval of the assignment of the Solid
Waste Franchise Agreement with BFI to Waste Management along with their approval of
a five (5) year extension to the term of the same agreement. Appropriate insurance and
bond requirements will be met upon execution of these agreements.
Attachments:
Correspondence from Harold Carter, District Manager, Waste Management, Inc. dated
August 25, 2003
Correspondence from Phillip Foreman, District Manager, Browning Ferris Industries,
Inc. dated August 25, 2003
Assignment and Assumption of Contract Form
Cc: Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Barbara Schooler, Utilities Customer Service Manager
Lula Butler, Community Improvement Director
""'" WASTE MANAGEMENT
651 Industrial Way
Boynton Bea,h, FL 33426
(561) 547.4000
(561) 547-7181 Fax
August 25, 2003
City of Delray Beach
100N.W. 1st Avenue
Delray Beach, FL 33444
Attn: Mr. Joe Safford
Dear Mr. Safford:
Allied Waste Industries, Inc and its subsidiary BFI of North America, Inc and Waste
Management, Inc have entered into an agreement for the sale and purchase of certain of
BFI's assets in south Florida. Those assets include the Solid Waste, Vegetative Waste
and Recycling Collection Franchise Agreement with the City of Delray Beach for waste,
vegetation and recycling collection services dated 9/20/01 - contract beginning 10/1/01.
Pursuant to paragraph 37 of the Solid Waste, Vegetative Waste and Recycling Collection
Franchise Agreement, we hereby request the assignment of this agreement to Waste
Management, Inc of Florida subject to the closing ofthe asset sale and purchase
agreement.
Thank you for your assistance in this matter.
7J;~tU
Harold Carter
District Manager
HC;jr
A Division of Waste Management of Palm Beach
@
August 25, 2003
City of Delray Beach
100N.W. 1st Avenue
Delray Beach, FL 33444
Attn: Mr. Joe Safford
Dear Mr. Safford:
Allied Waste Industries, Inc and its subsidiary BFI of North America, Inc and Waste
Management, Inc have entered into an agreement for the sale and purchase of certain of
BFI's assets in south Florida. Those assets include the Solid Waste, Vegetative Waste
and Recycling Collection Franchise Agreement with the City of Delray Beach for waste,
veg and recycling collection services dated 9/20/01 - contract beginning 10/1/01.
Pursuant to paragraph 37 of the Solid Waste, Vegetative Waste and Recycling Collection
Franchise Agreement, we hereby request the assignment of this agreement to Waste
Management, Inc of Florida subject to the closing ofthe asset sale and purchase
agreement and the final approval of the U.S. Depart.ment of Justice and the State of
Florida Attorney General's Office,
I thank you in anticipation of your assistance in this matter.
Q7; ,j ~Iy
illip~ .
Distric anager
Palm Beach County. 1475 S.W. 4th Avenue' Delray Beach, Florida 33444
Phone 561-278-1717. Fax 561-243-1027
- .
ASSIGNMENT AND ASSUMPTION OF CONTRACT
THIS ASSIGNMENT AND ASSUMPTION OF CONTRACT (this "Assignment") is
made this _ day of ,2003, between BFI Waste Systems of North America, Inc., a
Delaware corporation ("Assignor"), and Waste Management Inc, of Florida, a Florida
corporation ("Assignee"),
RECITALS
A. Assignor is a party to that certain Residential and Commercial Solid Waste,
Vegetative Waste and Recycling Collection Franchise Agreement dated May 15, 2001 (the
"Contract") by and between Assignor and the City of DelRay Beach ("Customer") whereby
Assignor provides waste collection, transportation and/or disposal services for Customer (the
"Services").
B. Assignor desires to assign the Contract to Assignee in accordance with the terms
and conditions set forth below.
TERMS AND CONDITIONS
IN CONSIDERATION of the foregoing, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and
agree as follows:
1. Effective as of the closing (the "Closing") of the purchase by Assignee or its
affiliates of the operations referred to as "BFI Waste Systems of Palm Beach" as contemplated
by that certain Asset Purchase Agreement by and among Assignor, Assignee and certain of their
respective affiliates (the "Purchase Agreement"), Assignor hereby assigns to Assignee all of
Assignor's rights, title and interests in, to and under the Contract. Effective as of Closing,
Assignee hereby agrees to perform all of Assignor's obligations under the Contract to the extent,
and only to the extent, such obligations first accrue and are required to be performed subsequent
to the completion of the Closing (provided that such obligations did not arise as a result of a
breach by Assignor of the Contract on or prior to the Closing or a breach of Assignor's or its
affiliates' representations, warranties, covenants and agreements under the Purchase Agreement).
Except as set forth in the preceding sentence, Assignee is not assuming or agreeing to perform
any obligations or liabilities under the Contract.
2. The terms of this Assignment shall bind and inure to the benefit of the parties
hereto and their respective heirs, legal representatives and successors and assigns.
3. This Assignment may be executed in any number of counterparts which,
collectively, shall constitute one and the same instrument. Facsimile signatures shall be effective
as original signatures with regard to this Assignment. Each party represents to the other that the
execution and delivery of this Assignment by such party have been properly authorized and that
all signatures hereon are genuine,
1437790.2111379,785
-----
. .
4. Notwithstanding anything herein to the contrary, in the event that the purchase
transaction referenced in paragraph 1 above fails to close, this Assignment shall be of no force
and effect.
[SIGNATURES ARE ON THE FOLLOWING PAGE]
- 2 -
1437790.2/11379.785
~.._._-----
, ,
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of
the date and year first written above.
ASSIGNOR:
BFI Waste Systems of North America, Inc.
By:
Its:
ASSIGNEE:
Waste Management Inc. of Florida
By:
Its:
CONSENT OF CUSTOMER
Pursuant to the authorizing resolution dated , 2003 by the
, Customer hereby consents to this Assignment.
City of DelRay Beach
By:
Its:
Date: ,2003
ATTEST:
Name:
Title:
- 3 -
1437790.2/11379.785
I ~ ~
[ITY DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
DELRA Y BEACH Wrile(s Oirect Line: 561/243-7091
, L 0 . , D ...
b.8:d MEMORANDUM
u.Amerlca City
~~IU! DATE: September 16, 2003
TO: City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Amended and Restated Lease Agreement for Cason Cottage and
1925 Historic Bungalow Between the City and Historic Society,
Historic Facade Architectural Control and Redevelopment Easement
The City currently has a lease which incorporates the 1925 Bungalow and Cason
Cottage. However, the Lease is amended and restated to include the Historic
Fat;:ade Architectural Control and Redevelopment Easement (Historic Fat;:ade
Easement) conditions and requirements.
Lease
The Lease is for ten (10) years and extends until February 5, 2009. Delray Beach
Historical Society is to pay utilities and keep the facilities in good repair, except for
external walls, roof, structural members, and air conditioning equipment which the
City is to maintain. However, the Historical Society must completely restore the
1925 Bungalow before the City assumes any maintenance responsibilities on the
bungalow.
The Historic Fat;:ade Easement terms are also incorporated into the Lease. The
Historic Society shall be responsible for the requirements contained therein except
if the Lease provides othervvise.
Historic Facade Easement (Facade Easement)
The Historic Fat;:ade Easement is an Easement the City grants to the Community
Redevelopment Agency (CRA) in exchange for the CRA granting to the Delray
Beach Historical Society $50,000.00 for the renovation of the 1925 bungalow. In
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, .
exchange, restrictions are placed on renovations and color changes that effect the
fa<;:ade. There is a requirement that the fa<;:ade shall be repainted once within a
ten year period or as othervvise required to properly maintain the building.
The building must be visible to the public. The fayade easement runs with the
land in perpetuity.
Please place both the Historic Fa<;:ade Easement and the Amended and Restated
Lease on the September 23, 2003 City Commission agenda for approval.
Please call if you have any questions.
SAR:ci
Cc: Diane Colonna, Director, CRA
Paul Dorling, Director of Planning and Zoning
Wendy Shay, Historic Preservation Planner
Mary Swinford, Delray Beach Historical Society
Carol McMillan Stanley, Esq
Robert Federspiel, Esq.
, .
AMENDED AND RESTATED LEASE AGREEMENT FOR CASON
COTTAGE AND THE 1925 HISTORIC BUNGALOW
THIS AMENDED AND RESTATED LEASE made this day of
, 200_. by and between the CITY OF DELRAY BEACH, a
municipal corporation, hereinafter referred to as the "Lessor" and the DELRAY BEACH
HISTORICAL SOCIETY, jointly and severally. hereinafter referred to as the 'Lessee".
WHEREAS. Lessee is an organization dedicated to the promotion and
appreciation of the history of the Delray Beach area and its environs; and
WHEREAS, the Lessee currently utilizes the property known as the 'Cason
Cottage" for a museum and offices; and
WHEREAS, Lessor and Lessee had previously entered into a ten (10) year
lease for the property which expired upon July 25. 1989, and which provided for renewal
of the lease upon the express written consent of the parties; and
WHEREAS, Lessee's Boand of Directors has voted to renew the lease.
WHEREAS, the parties entered into Amendment No. 1 to the Lease Agreement
February 14, 2002 to include the 1925 Historic Bungalow as part of the Leased
Premises.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and the
mutual covenants and conditions contained in this Agreement, and other goOO and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereby agree as follows:
That, subject to the terms and conditions hereinafter set out, the Lessor hereby
lets and leases unto the Lessee that land and the buildings and improvements thereon
.
known as the .Cason Cottage" and 'the 1925 bungalow", in the City of Delray Beach,
Florida, and which property is more particularly described on Schedule A attached
hereto and made a part hereof.
1. Term and Rental. The term of this lease shall be ten (10) years from the
5th day of February, 1999, at an annual rental of one dollar ($1.00) payable in advance,
on the first day of each calendar year.
2. Covenants of Lessee. The Lessee hereby covenants and agrees.
a. To Pay Rent. That it shall pay the said rent at the time said and in
the manner set out above, except only in the case of fire or other casualty as hereunder
provided.
b. To Pay Utilities. That it shall promptly pay, to the appropriate
billing entities, all gas, electric, water and telephone charges which may become
payable during the term of this lease for gas, electricity, water and telephone service
consumed on or provided to the leased premises.
c. To Pay Other Charaes. That it shall promptly pay stormwater
assessment fees and solid waste authority fees billed to the leased premises.
d. To Keep In Repair and In Good Condition. That it shall keep the
leased premises, excluding the exterior walls, roof and other structural members of the
building including the heating and air-conditioned equipment, in such or better repair as
the same are at the commencement of this lease term or at the renewal hereof,
reasonable wear and tear and damage by fire or other unavoidable casualty excepted.
It is explicitly agreed that the duty of the Lessee under this covenant shall include
furnishing all necessary janitorial and cleaning services, care and maintenance of the
2
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building and any interior renovation or redecoration not involving major structural
changes, provided; however, Lessee shall completely restore the 1925 Historic
Bungalow as a prerequisite to the Lessor assuming any maintenance responsibility
under the lease.
e. Not to Injure or Deface. That it shall not injure, overload or
deface, or allow to be injured, overloaded or defaced, the premises or any part thereof.
f. Not to Make Unfawful Use. That it shall not make, or allow to be
made, any unlawful, improper or offensive use of the premises which would be injurious
to any person or property, or which would violate the laws of the State of Florida or the
United States, or any ordinance of the City of Delray Beach, or any administrative rules
or regulations promulgated by the City Manager, or which would affect or endanger any
insurance on said building or increase any premium thereof which is at all bome by
Lessor.
g. Not to Make Alterations. That it shall not make any modifications,
alterations or additions in and to the premises without the advance express written
consent of the Lessor, except for the complete renovation of the 1925 Bungalow which
shall comply with the terms of the Historic Fayade Architectural Control and
Redevelopment Easement attached as Exhibit "B".
h. Not to Asslan. That it shall not assign, sublet or otherwise transfer
possession of all or part of the leased premises without the advance express written
consent of the Lessor.
3
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i. To Permit Lessor to Enter. That it shall allow the Lessor, and the
Lessor reserves the right at all reasonable times, to enter and view the premises and to
make any repairs which it may see fit to make.
j. To Yield UD Premises. That at the expiration of the term of this
lease, it shall peaceably yield up to the Lessor the premises and all buildings thereon,
in good repair in all respects, reasonable use and wear and damage by fire and other
unavoidable casualties excepted.
k. To Indemnify Aaalnst Accidents and Neallaence. That it shall
save harmless, indemnify and defend the Lessor, its officers, employees, and agents,
from and against any and all loss, liability or expense that may be incurred by reason of
any claim or litigation arising out of or in connection with Lessee's occupancy and use
of the leased premises, including, but not limited to, any accident with the appliances
and fixtures installed by the Lessee, or the gas, water or other pipes, or from any
damage or neglect arising from or in any way connected with the use, misuse or abuse
of all utilities or from any neglect in not removing foreign objects from the sidewalks,
grounds, structure, or roof of the building.
I. To Bear Risk for Contents. That all property of any kind, whether
owned by the Lessor or Lessee, that may be on the premises during the duration of
this lease shall be at the sole risk of the Lessee, and that the Lessor shall not be liable
to the Lessee or any other person for injury, loss or damage to property or to any
person on the premises.
4
I
m. To Pav Taxes. That it shall pay the real estate and personal
property taxes, if any, assessed upon the premises during the term of this lease as they
shall fall due.
n. To Pav Insurance Premiums for Fire or Casualty. That it shall
pay all premiums on the policies of fire or casualty insurance or both covering said
premises and in such amounts and under such terms as may be required by Lessor.
o. To Carry a General Liability Pollc;y. That it shall carry, or if
already in existence, maintain a general liability insurance policy for the premises
covered by this lease.
p. No Waiver. That no assent, expressed or implied, by the Lessor
to any breach of any of the Lessee's covenants shall be deemed to be a waiver of any
succeeding breach of the same or other covenants.
q. Pest Control. Regular pest control service shall be the financial
responsibility of the Lessee, but the Lessor reserves the right to designate and retain
the pest control service for performing this function.
r. L1ahted Sian. A lighted identification sign shall be erected, or if
already in existence, shall be maintained, that lists both the Lessor and Lessee's
names, and identifies the subject structure. All exterior improvements, painting or any
other identification signs or markings shall be provided only in accordance with the
applicable City of Delray Beach Code of Ordinances and with the advance express
approval of the City Manager or hisJher designee.
s. Facade Easement. In consideration of Lessor permitting the
Lessee to have the grant funds, Lessee shall undertake all duties of the Grantor as
5
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provided in the Historic Fa~de Architectural Control and Redevelopment Easement
attached hereto and incorporated as Exhibit "B" hereto, except as modified herein.
3. Covenants of Lessor. The Lessor hereby covenants and agrees:
a. Quiet Enlovrnent. That the Lessee shall peaceably hold and
enjoy the leased premises.
b. Fixtures. That it shall allow the Lessee to install such fixtures and
appliances as may be necessary for the proper conduct of its business, and, at the
expiration of the term of this lease, that it shall allow the Lessee a reasonable length of
time to remove any and all such fixtures which may be movable and which are owned
by the Lessee.
4. Fire or Other Unavoidable Casualty. In case the premises or any part
thereof shall at any time during the term of this lease be destroyed or damaged by fire,
act of God or other causes beyond the control of the Lessor and through no fault or
neglect on the part of the Lessor, then the Lessor shall be under no obligation to repair
or re-erect the leased structure. If the condition of the leased premises should be so
rendered unsuitable by the foregoing causes, either party to this lease agreement shall
have the option to cancel this lease.
5. Rlaht of Reentrv. If the Lessee shall neglect or fail to perform any of its
covenants, and including if any yearly installment of rent be overdue and unpaid for ten
(10) days, the Lessor may, immediately or at any time thereafter, after ten (10) days
notice, enter into the premises and repossesses the same as of its former estate and
expel the Lessee, but without prejudice to any remedies which might otherwise be used
6
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by the Lessor for arrears of rent or any other breach of the Lessee's covenants or the
waiver of any rights of the Les!lor.
6. Notice. Whenever notice is required hereunder, it shall be addressed as
follows until written notice to change of address is given to the other party.
Lessor Lessee
City Manager's Office Cason Cottage Museum
100 N.w. 1st Avenue Five Northeast First Street
Delray Beach, FL 33444 Delray Beach FL 33444
7. Number: Gender. As the context herein may require, the singular shall be
deemed to include the plural, and the masculine shall be deemed to include the
feminine and neuter.
8. PUl'Dose. It is understood and agreed that the Lessee shall use said
leased premises for maintenance of an historical landmark and a museum and other
activities concerning the City of Delray Beach and its environs, in onder to preserve such
information and present it to the general public in such a way as to educate and inform
the public about the heritage of the Delray Beach area; provided, however, such use
does not violate any of the provisions or covenants of this lease agreement.
9. Termination. The Lessor does hereby reserve the right to terminate this
lease at any time in the future, either during the initial term or any renewal, upon sixty
(60) days written notice to the Lessee at the address set forth in this lease agreement;
provided, however, that the Lessor agrees that it shall endeavor to make
reimbursements to the Lessee for any costs for capital expenditure additions to the
structure, except for regular maintenance or care items, should the Lessor elect to
terminate this lease in advance of the expiration of the ten (10) year term hereof, except
7
,
if such termination be for breach of this lease agreement or violation of or failure to
comply with any of the covenants set forth in this lease agreement.
10. Remedies. Mention in this lease of any particular remedy in favor of the
Lessor shall not preclude the Lessor from any other remedy to which it may be
entitled.
11. Waiver or Modification. None of the covenants and conditions herein
shall be waived or modified except by the Lessor in writing, and no alleged verbal
waiver or modification shall be binding under any circumstances.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed on their behalf this _ day of ,200_.
Attest: CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk Mayor Jeff Pertman
Approved as to form:
By:
City Attorney
DELRAY BEACH HISTORICAL
SOCIETY
By:
Name Printed:
Title:
8
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.
,
STATE OF
COUNTY OF
The foregoing instrument was aCknowledged before me this day of
,200_, by ,
as (name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
Name Typed, Printed or Stamped
Title or Rank
Serial Number, if any
9
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.1
Leaal DescriDtion:
TOWN OF DELRAY S 26.5 FT OF LT 5 & LTS 6 to
81NC BLK 67 (OLD SCHOOLSQUARE HIST DIST)
EXHIBIT A
.
HISTORIC FACADE ARCHITECTURAL .
CONTROL AND REDEVELOPMENT EASEMENT
THIS HISTORIC FACADE ARCHITECTURAL CONTROL AND REDEVELOPMENT
EASEMENT made this _ day of , 200_, by and between
the CITY OF DELRA Y BEACH, ("Grantor") and the COMMUNITY REDEVELOPMENT
AGENCY OF DELRA Y BEACH, an entity created pursuant to Chapter 163 of the Florida
Statutes, ("Grantee").
WITNESSETH:
WHEREAS, the Grantee is organized as a redevelopment agency under the laws of
the State of Florida and is empowered to facilitate redevelopment of designated areas
within the City of Delray Beach, Florida; and
WHEREAS, the Grantee is authorized to preserve significant properties within its
redevelopment area and to facilitate the redevelopment of properties which have
deteriorated and are a part of the slum and blight within such area and after redevelopment
to preserve such improvements in order to maintain the integrity of the redevelopment
project; and
WHEREAS, the Grantor is owner in fee simple of certain real property in the City of
Delray Beach, Palm Beach County, Florida, (hereinafter "the Premises,") described in
Exhibit "A" hereto said Premises including structure(s) (hereinafter the "Building") and is
more particularty described below; and
WHEREAS, the Grantee is willing to provide Fifty Thousand Dollars ($50,000.00) to
the Grantor's Lessee, the Delray Beach Historical Society, for the renovation of the
Building; and
WHEREAS, the Grantor and Grantee recognize the value and significance of
preserving and controlling the architectural appearance and facade of the exterior of the
Building and the appearance of the Premises as they relate to the overall integrity of the
redevelopment of the area within which the Premises are located and have the common
purpose of conserving and preserving the value and integrity of the redevelopment efforts
expended. Said Premises including One structure commonly known as the 1925 Historic
Bungalow also known as the Lavender Shutter Building (hereinafter "the Building"), and is
more particularly described below:
The South 32 feet of Lot 5 and all of Lots 6, 7, and 8, Block 67, TOWN OF
DELRA Y, formerly Town of Linton, according to the Plat thereof recorded in
Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida.
1
EXHIBIT B
.
WHEREAS, the Grantor and Grantee recognize the historical, cultural, and aesthetic
value and significance of the Premises, and have the common purpose of conserving and
preserving the aforesaid value and significance of the Building; and
WHEREAS, the grant of the Historic Facade Architectural Control and
Redevelopment Easement by Grantor to Grantee on the real property referred to herein will
assist in preserving and maintaining the Premises and its architectural, historical, and
cultural features; and
WHEREAS, the grant ofthe easement by Grantor to Grantee on the Historic Facade
Architectural Control and Redevelopment Easement to Grantee on the Premises will assist
in preserving and maintaining the aforesaid value, integrity ofthe Premises, redevelopment
effort and historic significance of the Premises; and
WHEREAS, as well as providing the assurances required by the Grantee that its
redevelopment efforts will be preserved; and
WHEREAS, to that end, Grantor desires to grant to Grantee, and Grantee desires to
accept, a Historic Facade Architectural Control and Redevelopment Easement on the
Premises, pursuant to the Laws of the State of Florida.
NOW, THEREFORE, in consideration ofTen Dollars ($10.00) and other good and
valuable consideration including the payment of Fifty Thousand Dollars ($50,000.00) by the
Grantee to the Grantor's Lessee, receipt of which is hereby acknowledged, Grantor does
hereby irrevocably grant and convey unto the Grantee a Historic Facade Architectural
Control and Redevelopment Easement in gross in perpetuity (which easement is more
particularly described below and is hereinafter "the Easement") in and to that certain real
property and the exterior surfaces of the Building located thereon, owned by the Grantor,
and more particularty described as:
The Easement, to be of the nature and character hereinafter further expressed shall
constitute a binding servitude upon said Premises of the Grantor, and to that end Grantor
covenants on behalf of itself, its successors, and assigns, with Grantee, its successors,
and assigns, such covenants being deemed to run as a binding servitude, in perpetuity,
with the land, to do upon the Premises each of the following covenants and stipulations,
which contribute to the public purpose in that they aid significantly in the preservation ofthe
Building and surrounding land area, and which help maintain and assure the present and
future historic integrity of the Building:
1. Description of Facade. In order to make more certain the full extent of
Grantor's obligations and the restrictions on the Premises (including the Building), and in
order to document the external nature of the Building as of the date hereof, attached
hereto as Exhibit "An and incorporated herein by this reference are a set of photographs
depicting the exterior surfaces of the Building and the surrounding property. It is stipulated
by and between Grantor and Grantee that the external nature of the Building as shown in
2
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.
Exhibit "B" is deemed to be the extemal nature ofthe Building as of the date hereof and as
of the date this instrument is first recorded in the land records of Palm Beach County, State
of Florida. The external nature of the Building as shown in Exhibit "B" is hereinafter
referred to as the "Facade".
2. Grantor's Covenants. In furtherance of the easement herein granted, Grantor
undertakes, of itself, to do (and to refrain from doing as the case may be) upon the
Premises each of the following covenants, which contribute to the public purpose of
significantly protecting and preserving the Premises:
(a) Grantor shall not demolish, remove or raze the Building orthe Facade
except as provided in Paragraphs 6 and 7.
(b) Without the prior express written permission ofthe Grantee, signed by
a duly authorized representative thereof, Grantor shall not undertake any of the following
actions:
(i) increase or decrease the height of the Facade or the Building;
(Ii) adversely affect the structural soundness of the Facade;
(iii) make any changes in the Facade including the alteration, partial
removal, construction, remodeling, or other physical or structural change including any
change in color or surfacing, with respect to the appearance or construction ofthe Facade,
with the exception of ordinary maintenance pursuant to Paragraph 2(c) below;
(iv) erect anything on the Premises or on the Facade which would prohibit
them from being visible from street level, except for a temporary structure during any
period of approved alteration or restoration;
(v) permit any significant reconstruction, repair, repainting, or refinishing of
the Facade that alters their state from the existing condition. This subsection (v) shall not
include ordinary maintenance pursuant to Paragraph 2(c) below;
(vi) erect, construct, or move anything on the Premises that would
encroach on the open land area surrounding the Building and interfere with a view of the
Facade or be incompatible with the historic or architectural characterofthe Building orthe
Facade.
(c) Grantor agrees that at all times to maintain the Building in a good and
sound state of repair and to maintain the Facade and the structural soundness and safety
of the Building and to undertake a maintenance program so as to prevent deterioration of
the Facade which shall include but not be limited to repainting once within a ten year (10)
period or as othervvise may be required to maintain the building in a reasonable condition.
Subject to the casualty provisions of Paragraphs 5 through 7, this obligation to maintain
shall require replacement, rebuilding, repair, and reconstruction whenever necessary to
3
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have the extemal nature of the Building at all times appear to be and actually be the same
as the Facade.
(d) No buildings or structures, including satellite receiving dishes, camping
accommodations, or mobile homes not presently on the Premises shall be erected or
placed on the Premises hereafter, except for temporary structures required for the
maintenance or rehabilitation of the property, such as construction trailers.
(e) No signs, billboards, awnings, or advertisements shall be displayed or
placed on the Premises or Building; provided, however, that Grantor may, with priorwritlen
approval from and in the sole discretion of Grantee, erect such signs or awnings as are
compatible with the preservation and conservation purposes of this easement and
appropriate to identify the Premises and Building and any activities on the Premises or in
the Building. Such approval from Grantee shall not be unreasonably withheld.
(f) No topographical changes, including but not limited to excavation, shall
occur on the Premises; provided, however, that Grantor may, with prior written approval
from and in the sole discretion of Grantee, make such topographical changes as are
consistent with and reasonably necessary to promote the preservation and conservation
purposes of this easement.
(g) There shall be no removal, destruction, or cutting down of trees,
shrubs, or other vegetation on the Premises; provided, however, that Grantor may with
prior written approval from and in the sole discretion of Grantee, undertake such
landscaping of the Premises as is compatible with the preservation and conservation
purposes of this easement and which may involve removal or alteration of present
landscaping, including trees, shrubs, or other vegetation. In all events, Grantor shall
maintain trees, shrubs, and lawn in good manner and appearance in conformity with good
forestry practices.
(h) No dumping of ashes, trash, rubbish, or any other unsightly or
offensive materials shall be permitted on the Premises.
(i) The Premises shall be used only for purposes consistent with the
preservation and conservation purposes of this easement.
(j) The Premises shall not be subdivided and the Premises shall not be
devised or conveyed except as a unit.
(k) No utility transmission lines, except those reasonably necessary for the
existing Building, may be created on said land, subject to utility easements already
recorded.
(I) To maintain at all times the subject property on the City of Delray
Beach's local historic designation pursuant to the requirements of 4.5.1 Land Development
4
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Regulations of the City of Delray Beach (1996).
3. Public View. Grantor agrees not to obstruct the substantial and regular
opportunity of the public to view the exterior architectural features of any building, structure,
or improvements of the Premises from adjacent publicly accessible areas such as public
streets.
4. Standards for Review. In exercising any authority created by the Easement
to inspect the Premises, the Building, or the Facade; to review any construction or
alteration; or to review casualty damage or to reconstruct or approve reconstruction of the
Building following casualty damage, Grantee shall apply the Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Building, issued and as may be amended from
time to time by the Secretary of the United States Department of the Interior (hereinafter
the "Standards") and/or state or local standards considered appropriate by Grantee for
review of work affecting historically or architecturally significant structures or for
construction of new structures within historically, architecturally, or culturally significant
areas, and whenever Grantee receives notice that the Standands have been amended, it
shall notify Grantor of the amendment. In the sole judgment of the Grantee, the Grantee
may apply reasonable alternative standands and notify Grantor of the substituted
standards.
5. Casualtv Damaae or Destruction. In the event that the Premises or any part
thereof shall be damaged or destroyed by casualty, the Grantor shall notify the Grantee in
writing within one (1) day of the damage or destruction, such notification including what, if
any, emergency work has already been completed. For purposes of this instrument, the
term "casualty" is defined as such sudden damage or loss as would qualify for a loss
deduction pursuant to Section 165(c)(3) ofthe Code (construed without regard to the legal
status, trade, or business of the Grantor or any applicable dollar limitation). No repairs or
reconstruction of any type, other than temporary emergency work to prevent further
damage to the Property and to protect public safety, shall be undertaken by Grantor
without the Grantee's prior written approval of the work. Within four (4) weeks of the date
of damage or destruction, the Grantor shall submit to the Grantee a written report prepared
by a qualified restoration architect and an engineer, if required, acceptable to the Grantor
and the Grantee which shall include the following:
(a) an assessment of the nature and the extent of the damage;
(b) a determination of the feasibility of the restoration of the Facade
and/or reconstruction of damaged or destroyed portions of the Premises; and
(c) a report of such restoration/reconstruction work necessary to return the
Premises to the condition existing at the date (hereof or of the completion of any required
work as set forth in the Easement). If in the opinion of the Grantee, after reviewing such
report, the purpose and intent of the Easement will be served by such
restorationlreconstruction, the Grantor shall within eighteen (18) months after the date of
5
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such change or destruction complete the restoration/construction of the premises in
accordance with plans and specifications consented to by the Grantee up to at least the
total of the casualty insurance proceeds. Grantee has the right to raise funds toward the
costs of restoration of partially destroyed premises above and beyond the total of the
casualty insurance proceeds as may be necessary to restore the appearance of the
Facade, and such additional costs shall constitute a lien on the Premises until repaid by
Grantor.
6. Grantee's Remedies Followina Casualtv Damaae. The foregoing
notwithstanding, in the event of damage resulting from casualty, as defined at Paragraph 5,
which is of such magnitude and extent as to render repairs or reconstruction of the Building
impossible using all applicable insurance proceeds, as determined by Grantee by
reference to bona fide cost estimates, then
(a) Grantee may elect to reconstruct the Building using insurance
proceeds, donations, or other funds received by Grantor or Grantee on account of such
casualty, but otherwise at its own expense (such expense of Grantee to constitute a lien on
the premises until repaid in full); or
(b) Grantee may elect to choose any salvageable portion of the Facade
and remove them from the premises, extinguish the easement pursuant to Paragraph 24,
and this instrument shall thereupon lapse and be of no further force and effect, and
Grantee shall execute and deliver to Grantor acknowledged evidence of such fact suitable
for recording in the land records of Palm Beach County, Florida, and Grantor shall deliver
to Grantee a good and sufficient Bill of Sale for such salvaged portions of the Facade.
7. Review After Casualtv Loss. If in the opinion of the Grantee,
restoration/reconstruction would not serve the purpose and intent of the Easement, then
the Grantor shall continue to comply with the provisions of the Easement and obtain the
prior written consent of the Grantee in the event the Grantor wishes to alter, demolish,
remove, or raze the Building, and/or construct new improvements on the Premises.
8. Grantee's Covenants. The Grantee hereby warrants and covenants that:
(a) In the event the Grantee shall cease to exist, then all of its rights and
obligations under the easement shall pass to and inure to the benefit of the City of Delray
Beach, Florida.
(b) Grantee may, at its discretion and without prior notice to Grantor,
convey, assign, or transfer this easement to a unit of federal, state, or local govemment or
to a similar local, state, or national organization whose purposes, inter alia, are to promote
the preservation of the redevelopment effort expended on the Premises and the
surrounding properties, provided that any such conveyance, assignment, or transfer
requires that the preservation and redevelopment purposes for which the easement was
granted will continue to be carried out.
6
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(c) Grantee shall exercise reasonable judgment and care in performing its
obligations and exercising its rights under the terms of the Easement.
9. InsDection. Grantor hereby agrees that representatives of Grantee shall be
permitted at all reasonable times to inspect the Premises, including the Facade and the
Building. Grantor agrees that representatives of Grantee shall be permitted to enter and
inspect the interior of the Building to ensure maintenance of structural soundness and
safety; inspection of the interior will not, in the absence of evidence of deterioration, take
place more often than annually, and may involve reasonable testing of interior structural
condition. Inspection of the interior will be made at a time mutually agreed upon by Grantor
and Grantee, and Grantor covenants not to withhold unreasonably its consent in
determining a date and time for such inspection.
10. Grantee's Remedies. Grantee has the following legal remedies to correct any
violation of any covenant, stipulation, or restriction herein, in addition to any remedies now
or hereafter provided by law:
(a) Grantee may, following reasonable written notice to Grantor, institute
suit(s) to enjoin such violation by ex parte, temporary, preliminary, and/or permanent,
injunction, including prohibitory and/or mandatory injunctive relief, and to require the
restoration of the Premises to the condition and appearance required under this
instrument.
(b) Representatives of the Grantee may, following reasonable notice to
Grantor, enter upon the Premises, correct any such violation, and hold Grantor, its
successors, and assigns, responsible for the cost thereof.
Grantee shall exercise reasonable care in selecting independent
contractors if it chooses to retain such contractors to correct any such violations, including
making reasonable inquiry as to whether any such contractor is property licensed and has
adequate liability insurance and workman's compensation coverage.
(c) Grantee shall also have available all legal and equitable remedies to
enforce Grantor's obligations hereunder.
(d) In the event Grantor is found to have violated any of its obligations,
Grantor shall reimburse Grantee for any costs or expenses incurred in connection
therewith, including all reasonable court costs, and attorney's, architectural, engineering,
and expert witness fees.
(e) Exercise by Grantee of one remedy hereunder shall not have the
effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall
not have the effect of waiving or limiting the use of any other remedy or the use of such
remedy at any other time.
7
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11. Notice from Government Authorities. Grantor shall deliver to Grantee copies
of any notice, demand, letter, or bill received by Grantor from any government authority
within five (5) days of receipt by Grantor. Upon request by Grantee, Grantor shall promptly
furnish Grantee with evidence of Grantor's compliance with such notice, demand, letter, or
bill, where compliance is required by law.
12. Grantor shall promptly notify Grantee in writing of any proposed sale of the
Premises and provide the opportunity for Grantee to explain the terms of the Easement to
potential new owners prior to sale closing.
13. Runs with the Land. The obligations imposed by this Easement shall be
effective in perpetuity and shall be deemed to run as a binding servitude with the premises.
This Easement shall extend to and be binding upon Grantor and Grantee, their respective
successors in interest, and all persons hereafter claiming under or through Grantor and
Grantee, and the words "Grantor" and "Grantee" when used herein shall include all such
persons. Anything contained herein to the contrary notwithstanding, a person shall have
no obligation pursuant to this instrument where such person shall cease to have any
interest in the premises by reason of a bona fide transfer. Restrictions, stipulations, and
covenants contained in this instrument shall be inserted by Grantor, verbatim or by express
reference, in any subsequent deed or other legal instrument by which Grantor divests itself
of either the fee simple title to or any lesser estate in the premises or any part thereof,
including, by way of example and not limitation, a lease of office space.
14. Recordina. Grantee shall do and perform at its own cost all acts necessary to
the prompt recording of this instrument in the land records of Palm Beach County, Florida.
This instrument is effective only upon recording in the Public Records of Palm Beach
County, Florida.
15. Existina Liens. Grantor warrants to Grantee that no lien or encumbrance
exists on the premises as of the date hereof. Grantor shall immediately cause to be
satisfied or release any lien or claim of lien that may hereafter come to exist against the
premises which would have priority over any of the rights, title, or interest hereunder of
Grantee.
16. Subordination of Mortaaaes and Leases. Grantor and Grantee agree that all
mortgages and rights in the property of all Mortgages and Leases are subject and
subordinate at all times to the rights of the Grantee to enforce the purposes of the Historic
Facade Architectural Control and Redevelopment Easement. The following provisions
apply to all Mortgagees now existing or hereafter holding a mortgage on the Premises:
(a) If a mortgage grants to a Mortgagee the right to receive the proceeds
of condemnation proceedings arising from any exercise of the power of eminent domain as
to all or any part of the Premises or the right to receive insurance proceeds as a result of
any casualty, hazard, or accident occurring to or about the Premises, the Mortgagee shall
8
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have a prior claim to the insurance and condemnation proceeds and shall be entitled to
same in preference to Grantee until the mortgage is paid off and discharged,
notwithstanding that the mortgage is subordinate in priority to the Easement.
(b) If a Mortgagee has received an assignment of the leases, rents, and
profits of the Premises as security or additional security for a loan, then the Mortgagee
shall have a prior claim to the leases, rents, and profits of the Premises and shall be
entitled to receive same in preference to Grantee until said Mortgagee's debt is paid off,
notwithstanding that the Mortgage is subordinate to the Easement.
(c) Until a Mortgagee or purchaser at foreclosure obtains ownership of the
Premises following foreclosure of its Mortgage or deed in lieu offoreclosure, the Mortgagee
or purchaser shall have no obligation, debt, or liability under the Easement.
(d) Before exercising any right or remedy due to breach of the Easement
except the right to enjoin a violation hereof, Grantee shall give all Mortgagees of record
written notice describing the default, and the Mortgagees shall have sixty (60) days
thereafter to cure or cause a cure of the default.
(e) Nothing contained in the above paragraphs or in the Easement shall
be construed to give any Mortgagee the right to extinguish this Easement by taking title to
the Premises by foreclosure or otherwise.
17. Indemnification. To the extent permitted by law, the Grantor hereby agrees to
pay, protect, indemnify, hold harmless, and defend at its own cost and expense, the
Grantee, its agents, director, and employees, or independent contractors from and against
any and all claims, liabilities, expenses, costs, damages, losses, and expenditures
(including reasonable attorneys' fees and disbursements hereafter incurred) arising out of
or in any way relating to the administration, performed in good faith, of this Historic Facade
Architectural Control and Redevelopment Easement, including, but not limited to, the
granting or denial of consents hereunder, the reporting on or advising as to any condition
on the Premises, and the execution of work on the Premises. This provision shall not be
deemed to effect a waiver of sovereign immunity.
18. Taxes. Grantor shall pay immediately, when first due and owing, all general
taxes, special taxes, special assessments, water charges, sewer service charges, and
other charges which may become a lien on the premises. Grantee is hereby authorized,
but in no event required or expected, to make or advance, upon three (3) days prior written
notice to Grantor, in the place of Grantor, any payment relating to taxes, assessments,
water rates, sewer rentals, and other governmental or municipality charge, fine, imposition,
or lien asserted against the premises and may do so according to any bill, statement, or
estimate procured from the appropriate public office without inquiry into the accuracy of
such bill, statement, or assessment or into the validity of such tax, assessment, sale, or
forfeiture. Such payment, if made by Grantee, shall become a lien on the premises of the
same priority as the item if not paid would have had and shall bear interest until paid by
9
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" .
Grantor at two (2) percentage points over the prime rate of interest from time to time
charged by SunTrust Bank, South Florida, N.A.
19. Insurance. The Grantor shall keep the premises insured by an insurance
company rated "A+" or better by Best's for the full replacement value against loss from the
perils commonly insured under standard fire and extended coverage policies and
comprehensive general liability insurance against claims for personal injury, death, and
property damage of a type and in such amounts as would, in the opinion of the Grantee,
normally be carried on a property such as the Premises protected by a Historic Facade
Architectural Control and Redevelopment Easement. Such insurance shall include
Grantee's interest and name Grantee as an additional insured and shall provide for at least
thirty (30) days' notice to Grantee before cancellation and that the act or omission of one
insured will not invalidate the policy as to the other insured party. Furthermore, the Grantor
shall deliver to the Grantee fully executed copies of such insurance policies evidencing the
aforesaid insurance coverage at the commencement of this grant and copies of new or
renewed policies at least ten (10) days prior to the expiration of such policy. The Grantee
shall have the right to provide insurance at the Grantor's cost and expense, should the
Grantor fail to obtain same. In the event the Grantee obtains such insurance, the cost of
such insurance shall be a lien on the Premises until repaid by the Grantor.
20. Written Notice. Any notice which either Grantor or Grantee may desire or be
required to give to the other party shall be in writing and shall be mailed postage prepaid by
registered or certified mail with retum receipt requested, or hand delivered; if to Grantor,
then in care of the City Attorneys' Office at 200 N.W. First Avenue, Delray Beach, Florida
'33444, and if to Grantee, then to 104 West Atlantic Avenue, Delray Beach, Florida 33444.
Each party may change its address set forth herein by a notice to such effect to the other
party. Any notice, consent, approval, agreement, or amendment permitted or required of
Grantee under the Easement may be given by the Executive Director of the Grantee or by
any duly authorized representative of the Grantee.
21. Evidence of ComDliance. Upon request by Grantee, Grantor shall promptly
furnish Grantee with evidence of Grantor's compliance with any obligation of Grantor
contained herein.
22. Extinauishment. Grantor and Grantee hereby recognize that an unexpected
change in the conditions surrounding the Premises may make impossible the continued
ownership or use of the Premises for the preservation and conservation purposes and
necessitate extinguishment of the Easement. Such a change in conditions includes, but is
not limited to, partial or total destruction of the Building or the Facade resulting from a
casualty of such magnitude that Grantee approves demolition as explained in Paragraph 5
and 7, or condemnation or loss of title of all or a portion of the Premises, the Building, or
the Facade. Such an extinguishment must comply with the following requirements:
(a) The extinguishment must be the result of a final judicial proceeding;
10
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(b) Grantee shall be entitled to share in the net proceeds resulting from
the extinguishment in an amount equal to the value of the Easement.
(c) Net proceeds shall include, without limitation, insurance proceeds,
condemnation proceeds of awards, proceeds from a sale in lieu of condemnation, and
proceeds from the sale or exchange by Grantor of any portion of the Premises after the
extinguishment, but shall specifically exclude any preferential claim of a Mortgagee under
Paragraph 16.
23. Interoretation and Enforcement. The following provisions shall govem the
effectiveness, interpretation, and duration of the Easement.
(a) Any rule of strict construction designed to limit the breadth of
restrictions on alienation or use of property shall not apply in the construction or
interpretation of this instrument, and this instrument shall be interpreted broadly to effect its
preservation and conservation purposes and the transfer of rights and the restrictions on
use herein contained as provided in the Act.
(b) This instrument shall extend to and be binding upon Grantor and all
persons hereafter claiming under or through Grantor, and the word "Grantor" when used
herein shall include all such persons, whether or not such persons have signed this
instrument or then have an interest in the premises. Anything contained herein to the
contrary notwithstanding, a person shall have no obligation pursuant to this instrument
where such person shall cease to have any interest (present, partial, contingent, collateral,
or future) in the premises by reason of a bona fide transfer for full value. Any right, title, or
interest herein granted to Grantee also shall be deemed granted to each successor and
assign of Grantee and each such following successor and assign thereof, and the word
"Grantee" shall include all such successors and assigns.
(c) This instrument is executed in counterparts, each page of which
(including exhibits) has been initialed by Grantor and Grantee for purposes of identification.
In the event of any disparity between the counterparts produced, the recorded counterpart
shall in all cases govem. Except as provided above, each counterpart shall constitute the
agreement of the parties. Immediately after execution hereof, one counterpart shall be
held by each of Grantor, Grantee, and the preparer of this instrument, Robert W.
Federspiel, Esq.
(d) To the extent that Grantor owns or is entitled to development rights which
may exist now or at some time hereafter by reason of the fact that under any applicable
zoning or similar ordinance the Premises may be developed to use more intensive (in
terms of height, bulk, or other objective criteria regulated by such ordinances) than the
Premises are devoted as of the date hereof, such development rights shall not be
exercisable on, above, or below the Premises during the term of the Easement, nor shall
they be transferred to any adjacent parcel.
11
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., .
(e) For purposes of furthering the preservation of the Premises and Building
and of furthering the other purposes of this instrument, and to meet changing conditions,
Grantor and Grantee are free to amend jointly the terms of this instrument in writing without
notice to any party; provided, however, that no such amendment shall limit the perpetual
duration or interfere with the preservation and conservation purposes of the donation Such
amendment shall become effective upon recording among the land records of Palm Beach
County, Florida.
(f) The terms and conditions of this easement shall be referenced in any
transfer of the property by the Grantor, his heirs, successors, and assigns.
(g) The invalidity or unenforceability of any provision of this instrument
shall not affect the validity or enforceability of any other provision of this instrument or any
ancillary or supplementary agreement relating to the subject matter hereof.
(h) This instrument is made pursuant to the laws of the State of Florida,
but the invalidity of such statute or any part thereof shall not affect the validity and
enforceability of this instrument according to its terms, it being the intent of the parties to
agree and to bind themselves, their successors, and their assigns in perpetuity to each
term of this instrument whether this instrument be enforceable by reason of any statute,
common law, or private agreement either in existence now or at any time subsequent
hereto. This instrument may be re-recorded at any time by any person if the effect of such
re-recording is to make more certain the enforcement ofthis instrument or any part thereof.
The invalidity or unenforceability of any provision of this instrument shall not affect the
validity or enforceability of any other provision of this instrument or any ancillary or
supplementary agreement relating to the subject matter hereof.
(i) Nothing contained herein shall be interpreted to authorize or permit
Grantor to violate any ordinance or regulation relating to building materials, construction
methods, or use. In the event of any conflict between any such ordinance or regulation
and the terms hereof, Grantor promptly shall notify Grantee of such conflict and shall
cooperate with Grantee and the applicable governmental entity to accommodate the
purposes of both this instrument and such ordinance or regulation.
0) This instrument reflects the entire agreement of Grantor and Grantee.
Any prior or simultaneous correspondence, understandings, agreements, and
representations are null and void upon execution hereof, unless set out in this instrument.
(k) Wherever the approval of the Grantee is required in this Agreement,
such approval may be arbitrarily withheld.
IN WITNESS WHEREOF, on the date first shown above, Grantor has caused this
Historic Facade Architectural Control and Redevelopment Easement to be executed,
sealed, and delivered; and Grantee has caused this instrument to be accepted, sealed,
and executed in its corporate name by its Executive Director and attested by its Secretary.
12
., .
Attested By: ~~ ~~
P.rinted N~~O\"()I\JN \Ir'
Title: Q..
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Attested By: ~~~~
Printed Name:
Title: \..llU!.~1 PeS\{'..J~
APp~ve~ and
sufficlenc .
By: /
Printed N'ame: ~6,zr I.,I,Plpt.!Zj-,-/...-
Title: ..+r;-.......... l
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SCHEDULE OF EXHIBITS
A. Photographs of Protected Property (Baseline Documentation)
B. External Facade of the Building
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 'lD - REGULAR MEETING OF SEPTEMBER 23. 2003
AWARD OF CONTRACT/ARTHUR]. GALLAGHER
DATE: SEPTEMBER 19, 2003
This is before City Commission for authorization to award a renewal contract to various insurance
companies as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty
Insurance Policies. The present pIan expires on September 30, 2003.
Representatives of Finance and Risk Management conducted a meeting on September 2, 2003 with
Arthur J. Gallagher and they presented the city with the Public Entity Package Policy. Staff
recommends keeping this "package" policy because it contains broad coverages in many areas that
would not normally be covered by excess carriers. This package allows our attorneys to represent the
City instead of insurance carriers' attorneys.
Recommend approval to award a renewal contract to various insurance companies for the City's
Property and Casualty Insurance Policies at an annual premium of $1,267,295,00.
S:\City Clerk\agenda memos\ Contract Award.ArthurGallagher.09.23.03
.
MEMORANDUM
To: Mayor and City Commissioners
From: David T. Harden, City Managert10
Date: September 15,2003
Subject: Annual Renewal of Property and Casualty Insurance
We have recently received our property and casualty insurance renewal costs from AI.
Gallagher, our insurance broker. Representatives of Finance and Risk Management
conducted a meeting September 2nd with the broker to review these quotes. Each line of
insurance will be discussed separately.
Public Entitv Packal!e Policv
The package policy includes the underlying coverage (before coverage from excess
carriers) terms, conditions, self-insured retention (SIR) for City property, general
liability, automobile liability, employee benefits liability, employment practices liability,
worker's compensation and employer's liability and crime coverage. One of the reasons
we recommend keeping this "package" policy is that it contains broad coverages in many
areas that would not normally be covered by excess carriers and allows our attorneys to
represent the City instead of insurance carrier's attorneys.
. Property- the City currently covers $68 million worth of property (excludes land)
with a $75k SIR and the first $925k of insurance coverage in this package policy.
We are proposing to cover $76.5 million with no change in the SIR or the $925k
in insurance coverage, Thus, the package covers the first $1 million of exposure.
. General and Auto Liabilitv- the City currently has no coverage for general and
auto liability and self-insures these coverages. Weare proposing to have a $1
million deductible and $5 million in insurance coverage in this package policy.
With the sovereign immunity statute limit at $200,000, we feel the City can
absorb the first $1 million in claims before insurance coverage would take over.
. Worker's Compensation- the City currently has a $250k SIR and $250k in
insurance coverage in this package policy, Our broker has advised us that most
cities our size have either a $500k SIR or even $750k SIR for worker's
compensation, we are recommending that the City go to a $500k SIR and keep the
$250k in insurance coverage in the package policy. Thus, the package would
cover the first $750k in claims before the excess carrier would have to come in.
. Excess Aggregate (Loss Fund) - the City currently has a $1 million excess
insurance policy that would be paid if the total of all SIR payments by the City
exceeded $2,360,000. Since the total of all SIR payments has not exceeded the
Loss Fund in over 10 years, we feel that this coverage should be eliminated.
--~--
. Terrorist Acts Coverage- the current City policies do not include acts of terrorism.
We are recommending that we add this coverage, The premium would be an
additional $4,861.
The total premium paid last year for the package policy was $635,000. Our renewal
premium with our recommendations is $608,061 (our 2004 budget is currently $762,000).
Excess Prooertv Coveral!e
As previously explained, our package policy covers the first $1,000,000 of property
claims. Excess insurance is needed to cover from $1,000,000 to our total insurable value
of $76.5 million. Excess insurance carriers utilize the same terms and conditions stated
in the underlying package policy. These excess coverages are quoted as follows:
. Lexington Insurance Company- $4 million in coverage after the $1 million
. Essex Insurance Company- $5 million in coverage after the $5 million
. Royal Insurance Company- Total insured value ($76,5 million) after the $10
million
The present excess premium for $68 million in total insured value was $502,000. The
renewal premium for $76.5 million of total insured value is $451,000 (our 2004 budget is
currently $602,000),
Excess Worker's Comoensation Coveral!e
Our recommended package policy covers the first $750,000 of a worker's compensation
claim ($500k SIR and $250k in insurance). Excess insurance is required to cover a claim
from $750,000 to the statutory limits. These coverages are quoted as follows:
. Safety National Insurance Company- from $750,000 to statutory limits
The present premium for excess worker's compensation ($500,000 to statutory limits) is
$120,836, The renewal premium for $750,000 to statutory limits is $183,785 (our 2004
budget is currently $139,000).
Crime (Emolovee Dishonestv) Coveral!e
This is blanket bond coverage for all employee dishonesty, This is put into place instead
of issuing separate bonds on specific individuals. The present premium of $3,457 with
Hartford Insurance Company will be renewed at $3,457 (our 2004 budget is currently
$3,600).
Boiler and Machinerv Coveral!e
This is relatively standard coverage for damages not covered by property insurance such
as equipment and pump failures and damage from broken pipes. The present Hartford
Steam Boiler premium of $7,423 has been increased to $9,106 (our 2004 budget is
currently $8,200).
-~_._--_.---- ."-.--- -.-
Police and Fire Accidental Death Coveral!e
This is required statutory coverage for accidental death coverage for Police and Fire
personnel in the line of duty that is in addition to their group coverages. The present
Hartford Life Insurance Company premium of $11,886 will be renewed at $11,886 (our
current 2004 budget is $11,886).
Pollution and Pollution Remediation Coveral!e
The present policies specifically exclude pollution and pollution remediation claims. We
feel this is a necessary coverage since it covers such events as sewer backups, fuel spills,
chemical spills, hazardous materials contamination and other events of this nature as well
as the remediation of the events. This coverage is estimated to cost $50,000 (2004
budget $0) for $3 million per claim and annual aggregate coverage, This coverage is not
being recommended for coverage at this time.
Summary
Current Year premiums- $1,280,602
Fiscal Year 2004 proposed budget - $1,526,686
Fiscal Year 2004 recommended premiums- $1.267.295
If these recommended coverages and terms are accepted, the current proposed FY 2004
budget can be reduced by $259,391.
We would recommend approval of these insurance renewals to the City Commission
effective October I, 2003.
Cc: Joseph M. Safford, Finance Director
Frank Babin, Risk Manager
Jeff Chapman, Budget Administrator
----- ~-
AGENDA ITEM NUMBER: ClD
AGENDA REQUEST
Date: 09-15-03
Request to be placed on:
~ Consent Agenda Special Agenda Workshop Agenda
When: 09-23-03
Description of agenda item: Approval of annual renewal of Property and Casualty
Insurance for the period 10-01-03 to 10-01-04 with companies, coverage and premiums as
outlined in the attached memorandum dated 09-15-03.
ORDINANCE/RESOLUTION REQUIRED: YES NO X
Draft of Resolution Attached: YES NO
Recommendation: Approval is recommended by Finance Director and Risk Manager,
D.po....... _"."WN' ~ ~~
Determination of Consistency with Compreh sive Plan: N/A "
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review ~ a, I l.)G 3
(required on all items involving expenditure of funds): .~ .. ~ _ <'
N\VLT.t>1.-;::. ~U-o"NI N"""'--" <:-n-~
Funding available: Yes X No
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda: @ ~ No
Hold Until: ~ ~
Agenda Coordinator Review:
Received:
Action: Approved: Disapproved:
"" ...
-_..-"-
. .
REVISED MEMORANDUM
To: David T. Harden, City Manager
From: Joseph M. Saffo~ce Director
Date: September 23 2003
Subject: Annual Renewal of Property and Casualty Insurance
We have recently received our property and casualty insurance renewal costs from AI.
Gallagher, our insurance broker. We conducted a meeting September 2nd and September
22nd with the broker to review these quotes. Each line of insurance will be discussed
separately.
Public Entitv Packal!e Policies (United National and State National)
The package policy includes the underlying coverage (before coverage from excess
carriers) terms, conditions, self-insured retention (SIR) for City property, general
liability, automobile liability, employee benefits liability, employment practices liability,
worker's compensation and employer's liability and crime coverage, One of the reasons
we recommend keeping this "package" policy is that it contains broad coverages in many
areas that would not normally be covered by excess carriers and allows our attorneys to
represent the City instead of insurance carrier's attorneys.
. Prooertv- the City currently covers $68 million worth of property (excludes land)
with a $75k SIR and the first $925k of insurance coverage in this package policy.
We are proposing to cover $78 million with no change in the SIR or the $925k in
insurance coverage. Thus, the package covers the first $Imillion of exposure.
. Third Partv Liability- the City currently has no coverage for general, auto
liability, public officials and police professional liability and self-insures all
claims on these coverages. We are proposing to have a $500k SIR and $6 million
in insurance coverage in this package policy. With the sovereign immunity
statute limit at $200,000, we feel the City can absorb the first $500k in claims
before insurance coverage would take over. In addition, we maintain control of
the claims.
. Worker's Compensation- the City currently has a $250k SIR and $250k in
insurance coverage in this package policy. Our broker has advised us that most
cities our size have either a $500k SIR or even $750k SIR for worker's
compensation. We are therefore recommending that the City go to a $500k SIR
and full coverage from $500k to the statutory limits within this package,
. Excess Aggrel!ate (Loss Fund)- the City currently has a $1 million excess
insurance policy that would be paid if the total of all SIR payments by the City
exceeded $2,360,000. Since the total of all SIR payments has not exceeded the
Loss Fund in over 10 years, we feel that this coverage should be eliminated.
qD q /.:? 8/0.3 ~~
The total premium paid last year for the package policy was $755,836. We have
$901,000 budgeted for FY 2004, Our renewal premium with our recommendations is
$683,000.
Excess Prooertv Coveral!e
As previously explained, our package policy covers the first $1,000,000 of property
claims ($75,000 SIR and $925,000 of insurance coverage). Excess insurance is needed to
cover from $1,000,000 to our total insurable value of $78 million. Excess insurance
carriers utilize the same terms and conditions stated in the underlying package policy,
These excess coverages are quoted as follows:
. Lexington Insurance Company- $4 million in coverage after the $1 million
. Essex Insurance Company- $5 million in coverage after the $5 million
. Royal Insurance Company- Total insured value ($78 million) after the $10 million
The present excess premium for $68 million in total insured value was $502,000. We
have $602,000 budgeted for FY 2004. The renewal premium for $78 million of total
insured value is $451,000.
Crime (Emolovee Dishonestv) Coveral!e
This is blanket bond coverage for all employee dishonesty. This is put into place instead
of issuing separate bonds on specific individuals, The present premium is $3,457 with
Hartford Insurance Company. We have $3,600 budgeted for FY 2004. This coverage
will be renewed with Hartford Insurance Company at $3,457.
Boiler and Machinerv Coveral!e
This is relatively standard coverage for damages not covered by property insurance such
as equipment and pump failures and damage from broken pipes. The present Hartford
Steam Boiler premium of $7,423 has been increased to $9,106 (our 2004 budget is
currently $8,200).
Police and Fire Accidental Death Coveral!e
This is required statutory coverage for accidental death coverage for Police and Fire
personnel in the line of duty that is in addition to their group coverages. The present
Hartford Life Insurance Company premium of $11,886 will be renewed at $11,886 (our
current 2004 budget is $11,886).
Summary
,*Current Year premiums- $1,280,602
Fiscal Year 2004 proposed budget - $1,526,686
-* Fiscal Year 2004 recommended premiums- $1,158,449
If these recommended coverages and terms are accepted the current FY 2004 budget can
be reduced by $368,237,
If these recommendations meet with your approval, we would request that this
information be forwarded to the City Commission for final approval.
Cc: Frank Babin, Risk Manager
Jeff Chapman, Budget Administrator
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Community ~
Improvement
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement
Date: September 19, 2003
Re: Request to Reduce Lien - 204 NW 13" Avenue
ITEM BEFORE THE COMMISSION:
City Commission consideration of a request from Mr. Alan Klasfeld, Real Estate Depot, to
reduce the administrative fees and interest assessed on Code Enforcement liens resulting
from the abatement of nuisances to the property addressed as 204 NW 13" Avenue, The
outstanding amount of the lien is $6,091.26.
BACKGROUND:
It appears that the owner of Real Estate Depot acquired the lot addressed as 204 NW 13"
Avenue via a tax certificate. At the time of his acquisition, he knew that there were
outstanding City liens attached to the property. Mr. Klasfeld proceeded with constructing a
single family residence of 1,509 square feet with 3 bedrooms and 2 bathrooms. He now has
a buyer for the home, who are qualified under the County's Affordable Housing Program.
Mr, Klasfeld is asking the City to reduce the lien from $6,091,26 to $2,685.75, which is
consistent with prior Commission action, Mr. Klasfeld is willing to pay the City's out-of-pocket
expenses, He will also provide 50% of the reduction ($1,702.76) to the sale price of the
home, which is $129,000, so the buyer will benefit from this lien reduction. Staff will obtain
documentation thatthe home Is sold at a cost of $127,298,
RECOMMENDATION:
Staff is recommending approval of the request from Mr, Alan Klasfeld to reduce the lien from
$6,091.26 to $2,685,75 on the property addressed at 204 NW 13" Avenue, If approved, staff
recommends payment to the City be made within 30 days to avoid additional interest
charges.
LB:DQ
Attachment
4t
1
---
)b,a1
Estate \) ~ - ~(?}'6\) \
Depot.
September 9, 2003
Mrs. Lula Butler, Department Head
Division of Community Improvement
C/o Delray Beach City Hall
100 NW I st Avenue
Delray Beach, FL. 33444
Sent Via Fax to 561-243-7221
Re: 204 NW 13th Avenue
Dear Mrs. Butler,
A new home has been constructed, pending certificate of occupancy, on the above lot.
First time home buyers Mr. and Mrs. Knight would like to purchase it.
The liens put on this property, were incurred by the previous owner. I am requesting
removal/reduction of these liens by the city where possible.
The lien amount is $6,056.12 t.::.t"l.--" [;CJ'f 1.2--(0
-= '
Would you put this request on the Commission agenda this month? If this is possible, Mr.
& Mrs, Knight can become homeowners by months end. They are currently residents of
Delray Beach as tenants and would like to remain in the city.
Sincerely,
Alan Klasfeld RECEIVED
~EP 1 n 2003
Cc: Alberta Mc Carthy via fax to (561) 272-5998 COMM. IMP. ADMIN.
31q 1300 N. Federal Hwy,. Suite 106. Boca Raton, FL 33432. (561) 417-4444. (561) 395-1200 Fax
Charge. Breakdown .
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I Date: 9/1 8/03 AGENDA ITEM NUMBER: ~~
AGENDAREOUEST
Request to be placed on:
I _X_Consent Agenda _ Regular Agenda _ Workshop Agenda_ _ Special Agenda
I When: 9/22/03
Description of agenda item (who, what, where, how much):
I Request to Reduce Lien - 204 NW 13th Ave
From $6,091.26 to $2,685.75
~partmentHe~ -; ~(;..I../~ _ __
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: (if applicable)
City Manager Review:
Approved for Agenda: Yes / No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
-..-.---. ..--.-- -
. '7'f3~
MEMORANDUM
"'~n3
("-'-'"
TO: David T. Harden
City Manager
FROM: Joseph M. sa'
Director of Finan
SUBJECT: Request to Use City Logo
DATE: September 11, 2003
As you know, Gabriel, Roeder, Smith and Company (GRS) are the actuaries for both of the City's Pension
Plans. They are also the third party administrator for the Police and Firefighters Retirement System
DROP Pian. GRS has a web site that all Police and Fire Retirement System DROP participants can
access to view the status of their DROP accounts.
GRS has advised they are changing the appearance of their web page and have submitted the attached
request for permission to use the City's logo.
Susan Ruby advised that this request should be routed through your office for approval by the City
Commission.
Isam
Attachment
cc: GRS (Attn: Jim Jameson, 301 E. Las Olas Blvd, Suite 200, Ft. Lauderdale, FL 33301)
gt=
. Me~sage Page 1 of2
Muehlberg, Sherry
To: Muehlberg, Sherry
Subject: Change in WEB page at GRS
-----Original Message-----
From: Jameson, Jim [mailto:JimJa@grsnet.com]
Sent: Tuesday, September 09, 2003 1: 10 PM
To: Sherry Muehlberg (Muehlberg@ci.delray-beach.fl.us)
Subject: Change in WEB page at GRS
Sherry:
We are changing the look of the WEB pages at GRS. Need to change the Banner Top for your
pages. Below is the current logo used:
.......R.E.IlREMENIE'LANACCli.SS
A.I...<4 "'" Ada........d.. ~
G......I. Il....... hl.b . C-"" ..: .: '" .
We would like to change it to the following:
G :llelRement Plan Access
/]b!
.
. i,:""':" :.... /'
Ad\.'isedand Admiuutered by _
, Gabriel, Roeder, Smth & (:ODlJlll11).i .
POLICE & FIRE
Can we use the above logo or do we need to use the Blue logo
from the original? Do you have a logo we can use?
Thanks
Jim
James W. Jameson
Manager, DC Administration
Gabriel, Roeder, Smith & Compsny
301 East Las O/a. Blvd. Suite 200
Fort Lauderdale. FL 33301
O"'co 954-527-1616
Fax 954-525-0083
Emait JimJs@grsnet .com
Co/I 954-288-8426
[ITY DF DElRAY BEA[H :fIt
DELRAY BEACH
~ H)() j\J_\N bl/l,VENUE . DELRAY BEACH, FLORIDA 33444 . 561/243-7000
All-America City
, III I! MEMORANDUM
1993 TO: David T. Harden, City Manager
2001 ~obert A. Barcinski, Assistant City Manager
FROM:
DATE: September 16, 2003
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
SEPTEMBER 23, 2003 SPECIAL EVENT REQUEST -
OLD SCHOOL SQUARE CONCERT SERIES
ACTION
City Commission is requested to endorse a proposed Concert Series sponsored by Old
School Square to be held at the pavilion on December 12, 2003, January 30, 2004,
February 27, 2004, March 12, 2004, April 9, 2004, and May 7, 2004 from 7:00 p.m. to
11:00 p.m. City Commission is also requested to grant a temporary use permit per
LDR'S Section 2.4.6. (H) for the closure of a portion ofNE 151 Avenue north of the grass
area, and to authorize staff support for traffic control and security and for signage.
BACK6ROUND
Attached is a letter 1 received from Peggy Murphy, Center Director of Old School
Square, along with a site plan and proposed schedule for the concert series. This will be
a gated event with a charge. Alcohol will also be sold on-site. Old School Square will be
responsible for site clean up and event management. Entertainers have been booked for
the December and January concerts. They have requested that the City prepare event
signage, provide French barricades and trash containers, cross promotion of the event and
closure of NE 1 st A venue per the attached map.
I have reviewed this request with our staff. The Police Department has indicated that in
addition to private security that there is a need for police staffing for traffic control and
site security. Our Fire Department has agreed that they will only need to staff the event
once the ticket sales reach 2,000 people and would need to know ticket sale counts three
(3) days prior to the concert. Barricades and trash containers can be delivered on regular
time. The estimated overtime costs for each concert without EMS assistance is $1,700
and with EMS assistance is $2,500. Signage costs would be $450 per concert and
barricade rental about $1,000. Since this is a new event sponsored by a non-profit
organization no charges would be levied for any costs. We have not as of this date
received an event budget.
1 have reviewed this request for adherence to the new policies. The policy indicates that
no more than two (2) intermediate events are allowed within the same week when the
costs exceed $10,000. This polic~ would be violated for the December l21h and possibly
the May 71h dates. December III is the date scheduled for Art and Jazz on the Avenue qCr
and the 13lh is the Holiday Parade and Kids Day at the Tree. May 1st is the date
',J
scheduled for Cinco De Mayo and May 8th and 9th the Caribbean Festival. However, the
Festival organizers are talking about moving the date and relocating to the Tennis Center.
RECOMMENDATION
Staff recommends consideration of approval of the proposed concert series, the
temporary use permit, the use of French barricades and trash containers, and approve
cross promotion under the following conditions:
1. The event sponsor will consult with the Police Department representative to
finalize police staffing for traffic control and security.
2. The event sponsor will notify the Fire Department representative for the total
advanced ticket sales count three (3) days prior to each concert.
3. The event sponsor will provide the City with a certificate of liability insurance,
alcohol liability insurance and a hold harmless agreement.
4. Fencing is to be removed after the event on December 12th if approved so that
there is site access for set up on December 13th for "Kids Day at the Tree".
Due to conflicts with other event signage for most of the proposed dates I am
recommending that Old School Square provide their own signage on their site.
RAB/tas
File:u:sweeney/events
Doc: Agenda ass Concert Series 2003-04
----
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August 25, 2003
cu l. TllR A L ARTS CENTER
NATIONAl. HISTORIC SITE
Robert A. Barcinski
Assistant City Manager
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Friday Night Concert Series - Old School Square
Dear Bob:
Old School Square has agreed to partner with Cause Events to produce a concert
series in the Entertainment Pavilion on one Friday night pef month from
December 2003 through May 2004. A list of the scheduled dates is attached.
The concerts will begin at 7:00pm, and end at 11 :OOpm; gates will open at
5:00pm. As ticketed concerts, the event site will be enclosed by shutters on the
west and south sides, and a temporary fence on the east side. A copy of the site
plan is attached. Ticket sales will be handled through the ass Box Office and
mytickets.com; estimated attendance will be 2,500-3,000. Approximately 500
seats will be feserved premium seating, with the remainder as general
admission/standing. Ticket prices will run $15-$25 for general admission; $30-
$40 for reserved seating.
Cause Events will supply food and beverage sales, to include alcoholic beverages.
A Certificate of Liability Insurance, to include Liquor Liability, will be provided
naming Old School Square, Inc. and the City of Del ray Beach. An independent
maintenance crew will handle maintenance, monitoring and clean up of the
grounds and event bathroom facilities.
Event security will be provided through private security within the perimeter of
the event, to include the gate, with additional police security as fequired by the
DBPD. Costs for additional security will be the fesponsibility of Cause Events.
No coolers, chairs, dogs or strollefs will be allowed within the gate. All bags,
backpacks and purses will be checked
Old School Square would like to request the following sefvices from the City:
announcement signs placed at West Atlantic A venue, A 1 A at Atlantic Avenue,
Old School Square, Inc. and north and southbound Federal Highways one week prior to the event;
51 North Swinton Avenue
Delray Beach, Florida 33444 Friday Concert Series
Phone (561) 243-7922 8/25/03
Fax (561) 243-7018 Page 1 of2
www.oldschool.org
cardboard trash containers; French barricaqes for the sound booth and stage area;
and, cross promotion as available through the City public information office; and,
closure ofNE 1 st A venue from the north side of ass Grounds to the load in gate.
Access to Block 76 parking lot will remain open. We also request permission to
direct event parking to the City Hall lot
Please let me know if you have any questions or need additional information. I
will provide a schedule of entertainment as soon as concerts are booked. Thanks
vcry much for your assistance.
s~~
Peg hy
Director of Center Services
pm
enclosures
cc: Mitchell Steinberg, Cause Events, Inc.
Friday Concert Series
8/25/03
Page 2 of2
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Old School Square
Friday concert series
CULTURAL ARTS CESTER From Friday, December 12, 2003 to Friday, May 7, 2004
NA'flONA L HISTORIC SITE
Detail Worksheet
Licensee: Old School Square - Pavilion Contact: Joe Gillie
51 N. Swinton Avenue
Delray Beach, FL 33444
ph: 561-243-7922
fx: 561-243-7018
Cause Events Mitchell Steinberg
7021 NW 15th Street
Plantation, FL 33313
ph: 954-584-3443
fx: 561-392-7661
Notes: gates open 5 :OOpm; no coolers, chairs, dogs, strollers
tickets available: mytickets.com & ass Box Office
SCHEDULE OF EVENTS
Total number of Events within this Arrangement: 6
Date Time Location Activity Status
Fri. Dec 12 7:00pm - 11 :OOpm OSS Entertainment Friday Concert Series Confirmed
Pavilion
Fri. Jan 30 7:00pm-11:00pm ass Entertainment Friday Concert Series Confirmed
Pavilion
Fri. Feb 27 7:00pm - II :OOpm OSS Entertainment Friday Concert Series Confirmed
Pavilion
Fri. Mar 12 7:00pm - I 1:00pm ass Entertainment Friday Concert Series Confirmed
Pavilion
Fri. Apr 9 7:00pm -I 1:00pm ass Entertainment Friday Concert Series Confirmed
Pavilion
Fri. May 7 7:00pm -I 1:00pm ass Entertainment Friday Concert Series Confirmed
Pavilion
Old School Square, Inc.
51 North Swinton Avenue
Delray Beach, Florida 33444
Phone (561) 243-7922
Fax (561) 243-7018
www.oldschool.org
City of Delray Beach
Memo
To: City Commission
From: David Harden ~.
cc:
Date: September 19, 2003
Re: Parks Bond Issue
The following memo and table show the impact on taxes for a $20,000,000 parks bond issue.
We could add a million dollars for the library and it would hardly be noticed.
The Commission needs to address two issues:
1. From a policy perspective, do you want to add library funding to this bond issue?
2. It would not be good fiscal management to finance books and some equipment, which
have a relatively short life of two to five years w~h a 20 year bond issue. We need to
ensure that whatever we finance will outlast the bond debt payments. This needs to be
discussed with representatives of the library.
9r\
1
-_.~
MEMORANDUM
To: David T. Harden, City Manager
From: Rebecca S. O'Connor, Treasurer
Thru: Joseph M. SaffOr~tor of Finance
Subject: Proposed General Obligation Bond Issue
Date: September 18, 2003
Jay Glover from Public Financial Management (PFM) has provided various scenarios for
the proposed General Obligation Bond Issue(s). Mr. Glover split the financing in two
separate, equal phases then looked at level debt service vs. wrapped debt service. The
following is a summary of the millage impact per scenario.
Scenario Avg. Lowest D.S. Highest Total Debt Avg.
Millage (1) Millage (2) Millage (2) Svc. Annual
Proposed Impact/Yr
Issue (3)
Level .21 mils .33 mils .78 mils $31,209,595 $20.54
Wrap .20 mils .43 mils .66 mils $35,153,945 $20.07
Blended .20 mils .36 mils .72 mils $33,088,682 $20.04
Current D.S. .48 mils $48.00
Millage
(1) The average millage impact is based on the assumption that the total assessed
valuation increases four (4) percent per year.
(2) This includes the millage for current as well as proposed debt.
(3) The average annual impact per year is based on a home assessed at $125,000 with
homestead exemption.
For your information, assuming level debt service an additional $1,000,000 would equate
to $78.000 in annual debt service and .017 mils based on the current preliminary assessed
valuation of$4,73l,101,1l0.
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Public Library
MEMORANDUM
TO: David Harden, City Manager
City of Delray Beach
FROM: John J. Callahan III ~vf'OV
Library Director l,)\
Delray Beach Public Library
DATE: September 18, 2003
RE: Upcoming Bond Referendum
-------------------------------------------------------------
-------------------------------------------------------------
The Library Board of Directors are very interested in the possibility of including
$1 million in additional money in the proposed Parks Bond Referendum for the
purchase of library books and equipment for the new Library.
Knowing that the list of items for the ballot may be close to completion,
representatives of the Library Board would like to meet with you as soon as
possible.
Please advise as to how we might best accomplish the Library Board's goal.
29 Southeast Fourth Avenue. Delray Beach, Florida 33483 . (561) 266-0194 Fax (561) 266-9757
Community ~
Improvement
Memo
To: David Harden, City Manager
From: Lula Butler, Director, Community Improvement Lh
CC: Major William, McCollom, Police Department
Date: September 19, 2003
Re: Approval of Reimbursement Agreement
ITEM BEFORE THE COMMISSION:
City Commission approval of the proposed Reimbursement Agreement between the City and
MAD DADS of Greater Delray Beach, Inc. doing business as the Village Foundation of
Greater Delray Beach, Inc. authorizing a temporary loan in the amount of $43,455 for the
purchase of a 29 seat bus for use in various program activities.
BACKGROUND:
Village Foundation has a five-year funding contract with Children's Service Council that funds
activities implemented under the "Beacon Program" which is a major part of the extended day
program offered at Village Academy Elementary School. The Foundation is in year two of
the five-year contract. The $44,000 allocated for the bus purchase is approved under the
2002/03 fiscal year budget. The funds must be expended by September 30 to be eligible for
reimbursement. Children Service Council (CSC) has stated that agencies are required to
expend dollars allocated each year; otherwise, they may jeopardize their ability to secure
renewal of the annual contract for the balance of the five year agreement.
The Staff of Village Foundation has identified the vendor and bus that meets the agency's
specifications. The vehicle could be delivered within 30 days of purchase. Village Foundation
does not have sufficient cash flow to proceed with this purchase without the assistance
requested from the City of Delray Beach. Thus, the request is for a 50-day temporary loan in
the amount of $43,455, the actual cost of the bus to assist the Village Foundation meeting its
requirements under their funding agreement with CSC.
RECOMMENDATION:
Staff is recommending approval of the Reimbursement Agreement as proposed and drafted
by the City Attorney, authorizing a temporary loan between the City of Delray Beach and
Village Foundation of Greater Delray Beach in the amount of $43,455.
LB:Da
Attachment
9:L
1
--
09/19/03 FRI 12:39 FAX 561 278 4755 DEL BCH CTY ATTY 141002
REIMBURSEMENT AGREEMENT
THIS AGREEMENT is between the CITY OF DELRAY BEACH, FLORIDA (the
City) and MAD DADS OF GREATER DELRAY BEACH. INC. d/b/a THE VILLAGE
FOUNDATION Of' GREATER DELRAY BEACH, INC. (the Foundation) this
day of ,2003.
WIT N E SSE T H:
WHEREAS, the City is desirous of seeing the Foundation succeed in providing
quality education to the students of Delray Beach, Florida; and
WHEREAS, the Foundation has the ability to obtain a bus suitable to transport
the students of Dl31ray Beach if they can raise Forty-Three Thousand Four Hundred
Fifty-Five Dollars (:&43,455) before October 1, 2003; and
WHEREAS, the Foundation is in the second year of a five-year grant program
and thus, expects to receive funds from the Children's Services Council on October 1,
2003 in the amount of Nine Hundred Thousand Dollars ($900,000.00) for the extended
Day School Program; and
WHEREAS, the Foundation is scheduled to expend the $43,455 for the bus by
the end of this fiscal year; and
WHEREAS, the City is willing to loan the money to the Foundation to meet the
commitment and ensure the success of the Village Academy program.
NOW, THEI~EFORE, for the mutual covenants herein provided. the parties agree
as follows:
1. The recitations are incorporated as if fully set forth herein.
-
09/19/03 FRI 12:39 FAX 561 278 4755 DEL BCH CTY ATTY 141003
2, The (::Ity will pay the Foundation Forty-three Thousand Four Hundred
Fifty-five Dollars ($43,455.00) upon the written request of the Foundation. prior to
October 1. 2003.
3. The I=oundation shall repay and reimburse the City the $43.455 within
five (5) business days of the Foundation's receipt of the grant from the Children's
Services Council. provided; however. the Foundation shall reimburse and pay the City
the $43.455 no later than sixty (60) days from the date of this agreement. whichever
comes first.
4, The (=oundatlon shall use the funds advanced by the City to buy a bus
with the specificath)ns shown on Exhibit "A" hereto.
5, If the Foundation fails to pay within the period provided. simple interest
will commence on the day after the payment was due at the rate of 8% per annum. until
payment is received by the City.
6. If the, Foundation fails to repay the total amount due the City. the City
may take whatever action it deems is necessary in law or equity to recover the monies
advanced herein.
7. This agreement shall be governed by the laws of the State of Florida and
venue shall be in Palm Beach County, Florida.
8. This agreement constitutes the entire agreement between the parties. and
supersedes all previous discussions or previous writings between the parties. No
waiver, alteration, or modification of any of the provisions of this agreement shall be
binding, unless in writing and duly executed by the parties.
2
09/19/03 FRI 12:40 FAX 561 278 4755 DEL BCH CTY ATTY 141004
ATTEST: CITY OF DELRAY BEACH. FLORIDA
By:
City Clerk Jeff Perlman, Mayor
Approved as to Form:
City Attorney
WITNESSES: MAD DADS OF GREATER DELRAY
BEACH, INC.
By:
Leonard Mitchell, President
(Type or Print Name)
(Type or Print Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before rne this day of
, 2003, by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Notary Public - State of Florida
3
09/19/03 FRI 12:40 FAX 561 278 4755 DEL BCH CTY ATIY
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----.-
Date: September 19,2003 Agenda Item No. C{L
AGENDA REQUEST
Agenda request to be olaced on:
_X Regular _ Special Workshop Consent
-
When: September 23, 2003
Descriotion of Agenda Item:
Approval of Reimbursement Agreement Between the City of Delray Beach and the
Village Foundation of Greater Delray Beach
OrdinanceIResolution Required: Yes/No Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ~/8-~P? .. "'----=-- -
City Attornev ReviewIRecommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
~L. "//f/t')
Funding Available: e 0
Funding Alternatives: (if applicable)
Account # & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ No t1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDUM
TO: MAYOR AND CI1Y COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # \Of\ - REGULAR MEETING OF SEPTEMBER 23. 2003
RESOLUTION NO. 62-03 (JdJI.J AGE LEVY)
DAlE: SEPlEMBER 19,2003
Resolution No. 62-03 levies a mx on all properties in the City of Delray Beach for FY 2004 as follows:
7.52 mills for operation and maintenance of the General Fund
,
~ mills for the payment of principal and interest on bonded indebtedness
JI.oo mills = miU"ge rate
..
The millage rate of 8.00 mills ~. equal to the millage for FY 2003. The rolled back rate calculated
under the l'RIM law for operating purposes is 6.6911 mills. The millage rate is 12.39% above the
rolled back rate,
The assessed vafuation on all taxable property within the City for operating purposes is
$4,730,050,967. The assessed valuation for debt service is $4,731,101,110. The reason for the
differential is the exemptions that were granted (0 historic properties in the City. They apply to
operating millage qD1y.
Pursuant to the City Charter and l'RIM requirements, a public hearing must be held prior to the
adoption of the resolution.
On September 9, 2003, Commission approved a resolution tentatively levying the millage rate at 8.00
mills, there has been no change. Recommend approval of Resolution No. 62-03.
S,\City Cletk\agerub mcmoo\Rcs,6W3.Millage Levy.IT:alO4
RESOLUTION NO. 62-03
.
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y
OF DELRA Y BEACH, TO LEVY A TAX ON AU..
PROPERTIES WITHIN THE CI1Y OF DELRA Y BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND
TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND .
INTEREST ON BONDED INDEBTEDNESS, AND TO
AU..OCA TE AND APPROPRIATE SAID COllECTIONS
THEREUNDER.
NOW,"THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF
THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOllOWS:
Section 1. That a tax of $7.52 per one thousand dollars ($1,000.00) of assessed
valuation is hereby levied on all taxable property within the City of Delray Beach for the fiscal year
commencing-October 1, 2003, and ending September 30, 2004. There shall be and bereby is
appropriated for the General. Fund operations of the City revenue derived from said tax for
operating and maintenance expenses of the General Fund, and also in addition, all revenues derived
by said City during said fiscaf year from all other sources other than the tax levy for current bond
service and that part of collection of delinquent taxes levied for bond service. The assessed
valuation on all. taxable property for operating purposes within the City of Delray Beach is
$4.730,050;967, The operating millage rate of $7.52 per one thousand dollars ($1,000.00) exceeds
the rolled-back rate ~f$6.6911 per one thousand dollars ($1,000.00) by 12.39%.
Section 2. That the amount of money necessary to be raised for interest charges
and bond redemption which constitutes a general obligation bonded indebtedness of the City of
Delray Beach is $2.157,382. There is hereby appropriated for the payment thereof, all revenues
derived from the tax levy of $0.48 per one thousand dollars ($1,000.00) of assessed valuation, which
is hereby levied for that purpose for the fiscal year commencing October 1, 2003, and ending
September 30, 2004, upon the taxable property of the City of Delray Beach, the assessed valuation
being $4,731,101,110.
Section 3. That the above millage rates are adopted subject to adjustment in
accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may
adjust its adopted millage raCe if the taxable value within the jurisdiction of the taxing authority as
certified pursuant to Section 200.065(1) is at variance by more than one percent (1 %) with the
taxable value shown on the assessment roll to be extended.
Section 4. That public hearings were held on the proposed budget on September 9,
2003. and on September 23, 2003.
PASSED AND ADOPTED in regular session on this the 23'" day of September,
2003.
MAYOR
A TI'EST:
City Clerk
,
,
. ..
"
.
2 RES. NO. 62-03
--
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt1Jt1
SUBJECT: AGENDA ITEM # \OJ?, - REGULAR MEETING OF SEPTEMBER 23. 2003
RESOLUTION NO. 63-03 (1dJT.T .AGE LEVY IN THE DDA TAXING
DISTRICT)
DATE: SEPTEMBER 19,2003
.
Resolution No: 63-03 levies a tax in the amount of 1.00 mill on all properties within the Downtown
Development Authority 1;:axing District of the City of Delray Beach for FY 2004. This millage
exceeds the 0.8697 rolled back rate calculated under the TRIM law by 14.98 %.
A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA
budget for FY 2004.
On September 9, 2003 Commission approved a resolution tentatively levying the millage rate at 1.00
mills, there has been no change. Recommend approval of Resolution No. 63-03.
.
.
&\Gty CIcrk\agenda memoc\Res.63-03.MiIIage Levy.DDA.FY 2004
RESOLUTION NO. 63-03
A RESOLUTION OF THE CITY COMMISSION OF THE CI1Y
OF DELRA Y BEACH, TO LEVY A TAX ON AIL
PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT
AUTHORI1Y TAXING DISTRICT OF THE CI1Y OF DELRAY
BEACH, FLORIDA, FOR MAINTENANCE AND
OPERATION, AND TO APPROPRIATE SAID COLLECTIONS
THEREUNDER.
. NOW"THEREFORE, BE IT RESOLVED BY THE CI1Y COMMISSION OF
THE CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
,
Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed
valuation is. hereby levied pn all taxable property within the Downtown Development Authority
Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2003, and
ending September 30, 2004. There shall be and hereby is appropriated for the purpose of financing
the operation of the DowntoWn Development Authority Taxing District revenue derived from said
tax for operating and maintenance expenses of the Downtown Development Authority Taxing
District, and also in addition, all revenues derived by said Taxing District during said fiscal year from
all other sources 'other than the tax levy for current bond service and that part of collection of
delinquent. taxes' levied for bond service. The assessed valuation on all taxable property for
operating purposes within the Downtown Development Authority Taxing District of the City of
Delray Beach is $220,814,501. The operating millage rate of $1.00 per one thousand dollars
($1,000.00) exce~ds the rolled-back rate of$0.8697 per one thousand dollars ($1,000.00) by 14.98%.
Section 2. That the above millage rate is adopted pursuant to Florida Statutes
Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the
Florida Statutes which provides that each affected taxing authority, other than municipalities,
counties, school boards, and water management districts, may adjust its adopted millage rate if the
taxable value within the jurisdiction of the taxing authority as certified pursuant to Section
200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the
assessment roll to be extended.
Section 3. That public hearings were held on the proposed budget on September 9,
2003, and September 23, 2003.
PASSED AND ADOP'TED in regular session on this the 23'" day of September,
2003:
MAYOR
ArrEST:
City Clerk
"
------
--
.
2 RES. NO. 63-03
.0 CERTIFICATE OF TAXABLE VALUE' DR-42,
. iECTION I o. 2003 R.Oll'95
, Vear
PALM BEACH County To Defray Beach - D.DA
(Name of Taxing Au1IlorIty)
(1) Current Vear Taxable Value of Real Property for Operating Purposes $ 220,814,501
. (2) Current Year Taxable Value of Personal Property for Operating PurpOses .... . ..C.'" '. $ .. 0
(3) Current Vear Taxable Value of Centrally Assessed for.Operating PurposeS . 0
(4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) .;. (3) $ 220.814,501
(5) Current Year Net New Taxable Value (New Construction + Addition.s + R.hetillitative .' ..... '. . 3,904,422
. Improvements Increasing Assessed Value By At Least 1 00% + 'Annexations - DeletiOns)' .' . . ' 216910079
(6) ClirrentYear Adjusted Taxable Value (4) c (5) $. ,
(7) Prior Vear Final Gross T~ble Value (From Prior Year Applicable Fonn DR403 Series), $. . 188,640,639
I do hereby certify the values shown herein to be correct to the best of my kno e and belief. Witness my hand and official
algnature at West Palm Beach. Fl. , this the day of
TAXING AUTHORITY: If this portion of the fonn is not completed in FULL your Authority will be denied TRIM certification
and possibly lose Its millage levy privi~e for the tax year. If any line Is Inapplicable, enter N1A or -0-.
SECTIOI'l'II
(8) Prior Year Operating MlUage Levy' $ L 0000 Per $1,000
(9) Prior Year Ad Valorem Proceeds (7) x (8) $ 188 .641
(10) Current Year RoIIed-Back Rilte (9) I (6) $ 0.8697 Per $1,000
(11) Current Year Proposed-Operating Millage Rate $ ] .0000 Per $1.000
12) Check one (1) TYPE ofTaxing Authority. I'
D County D Municipality D Indeilendent I1lD Dependent D MunIcipal ServIce D MUlti-Colinty.
Spacial Dlstricl District Taxing Un" D Water Management Dlslricl -.--
(13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE.
(14) Current Year Millage Levy for VOTED DEBT SERVICE $ -0- Per $1,000
(15) Current Year OTHER VOTED MILLAGE $ -0- Per $1,000
I DEPENDENT SPECIAL D1ST~CTS SKIP linea (16) through (22) I
(16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Dlslrlcts $ nla
& MSTU's levying a millage, (The sum of Une (9) from each District's Fonn DR420)
(17) Total PriorYearProcaeds: (9) + (16) $ nla
(18) The Currerit Year Aggregate RoIIed-back Rate: (17) I (6) $ n/a Per $1.000
(19) Current Year Aggregate RoIIed-back Taxes: (4) x (18) . nla
(20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the PrIncipal . nla
Taxing Authority, all Dependent DlSlrlcts, & MSTU's If any, Una (11) x Una (4)
(21) Current Vear Proposed Aggregate Millage Rate: (20) 1(4)' ,'n/a . Per $1 ,000
(22) Current Vear Proposed Rate as a PERCENT CHANGE OF Rolled-back Rate: nla %
[(Una 211 Una 18) -1.00] x 100
D8te. TIme and Place of the first Public Buctget Hearing: . SeDtember 9 ~ 200~... 7 !nn . p.m_. I'!o{~y ~nmmo{ acto{ nn rhJltllh.'I"a.
DlI!l'rJlY 'RPArh r.ir-y 'RJlIllr 100 'NtJ la" AVAnllA. nQ.~'I"ay UAa,.."'~. 1:'1^....."'8
I do hereby certify the m1llages and rates shown herein 10 be c:<>mlCIlo the best of my Iu-.sge and _. FURTHER,
I certify that all mlllagas comply with the provisions of SectIon 200.071 or 200.081, F.S. WITNESS my IlIInd and official
uraa d ea FIotfda, this the 2Qt:h dliyo( T1Il)7 .?OO"J
David T. Harden
Cit na er ~e .
oar rus 01 Physical LocalIon
100 NW lst Avenue .~~~~~rd.. DirR~tn~.n~ .fnJlln~.
MaIUng Addrus
D&?yrav Beach~. FL 33444 ~~11'f. Fj~3 7166
State ZIp .
SEe INSTRUcnoNS ON REVERSE SIDE
I
. i) ~wNTOWNDEYELOPMENT AUTHORITY INCOMElEXPENDITURE ESTIMATE TO 8130103
. Plan Actual Actual Budoet Underf I YrEnd I P18n
Revenue: 2002103 Uune onh! To Date III 6130103 lOverl I EstImate I 2003104
Budget
AiJ Velorum Taxes 180,065 690 174,215 174,000 1215 192,065 209,773
Interest lCD's about $5,5001 . 6,000 26 413 415 2 6,000 7,000
other revenue 1,829 0 11.829 1,829
Total Revenue to date 186,065 716 176,457 174,415 .12,0421 189,894 216,773
~_:
Downtown Joint Venture 60,000 47,500 45,000 12,500 62,500 60,000
. Soecial Proiects Assistant 31,700 23,775 23,775 0 32,700 31,700
Office Exoenses:
Eriiilliinent & SuliiiiV 1,500 56 315 310 15 1,500 1,500
Prlntina & PostBaes 1,850 1,215 1350 135 1,850 2,000
Rental 2,400 2,400 2,400 0 2,400 2,400
Bank ChlImes 150 8 110 102 150 150
BookkeeDlna Fees 800 56 520 600 80 800 800
Dues, Subsainlinnll & Fees 2,000 1,091 1,100 8 2,000 1,000
External Auditors' Fees 4.500 4,500 .4,500 0 4,500 4,500
Insurance . 6,335 3,840 4,700 860 5,120 6,335
Pro~raiser's Chames 1,858 1,391 1,390 . C1 1,858 1949
Travel & Meetlnas 3,000 28 3,891 3,000 1891 3,891 5,000
. Sub-Total ODAr. f OffIce ex- . 116,093 140 90,446 88,235 /2,211 119,269 117,334
,
Chamber & C100 Dues . 775 500 776 775 I C11 776 1,000
Downtown MaD SlionsorshlD 17,500 14,530 14,530 0 17,500 17,500
Econ, Davelon. PineaMIe Grove 5,000 5,000 5,000 0 5.000 5,000
Economlc~. WARC 6,000 5,000 5,000 5,000
HoIidavTree nse 15,000 15,000 15,000 0 15,000 15,000
Promotions & Grants- 12,000 10,800 10,800 0 12,000 10,000 u_
Reserve Mar1<etina: . 57,750 42,750 7,607 57,750 60,000
Web Site Dave nt&ExDs 2,000
Travel Host Mliftazine 2,674 12,507
Film Book AiJvertislna . 2,160
1/2 XmasfFN Promo VI(Ieo 1.760
FL USA 2003 Media Placement 1,800 9,057
"How to lHiI here" Inserts 4224
Arst Niaht & PfGrove Bed Race 3,500
. Miscellaneous 45
Sub Total Market & Promo. 113.025 4,974 8U4ll 88.855 7.506 113.026 113,500
Reserve .Banners 15 000 4,000 4,000 . . 0 '15 000 I . 5,000
R8lI8IV8 Clean & Safe 25.000 11,478 11.500 22 25 000 I. 35000
Reserve Ll(Ihts 15,000 16,687 15000 11,687\ 20,000 I 15,000
Reserve Slch.obwb. 0 0 I
Reserve ~m 3.000 4856 3,000 11,856\ 5,000 I 3,000
Sub Total Reserve Accounts 88,000 0 37,G21 3UOO /3,5211 85.000 I 68.000
21~ I
Total &Dan... to date 287,118 11.114 213,816 1.774 287,295 I 288,834
I
Tol Revenue Ov~Underl to di !'101,O63l 14,388 137,3581 136,175 1.184 19T ,401 I 172,061
Funcla ht fwd 1011102 18f..i71, 187A71 187,471 100.070 .
T0t81 FundI canted fwd =ti4Il :mm: :Em
IM* cae-. Mrtcl $1,liOO1 EPOCH $UJOQl GarlIc Felt $UJOQl l'rr';llIlln Tnmnt $5001 T_ $5OQI CInco cia Mavo $1,000
Soul o...;,w-$l 000IFIIm Felt $1 8OQIG1orv AMIni $1,000IS.... CIIIeo $5OOIFed IIlad< AdmIn $1.000 I I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGEF/i'f(
SUBJECT: AGENDA ITEM # \at - REGULAR MEETING OF SEPTEMBER 23. 2003
RESOLUTION NO. 64-03 (lJUDGET ADOPTION FOR FY 2004) &
APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN
DATE: SEPTEMBER 19,2003
Resolution No. 64-03 makes appropriations of sums of money for all necessary expenditures of the
City for fiscal year 2004. The budget summary is set forth in Exhibit "AU to the resolution.
Pursuant to the' City Charter and TRIM requirements, a public hearing must be held prior to the
adoption of the budget.~. On September 9, 2003, Commission approved a resolution tentatively
adopting the budget. Budgetary savings resulting from the new insurance contracts awarded this
evening have' reduced expenditures shown in Exhibit A and increased Reserves. These Reserves will
be needed !atel,: in the year to buy more take home police cars. Approval of Resolution No. 64-03 is
recommended.
As a related item, Commission is asked to approve the Five-Year Capital Improvement Plan for fiscal
years 2004 through .2008 and the Capital Improvement Budget. The Capital Improvement Plan (CIP)
is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over
the next five fiscal years. The Capital Improvement Budget (Cm) is the first year of that plan to
which the City Commission will commit as part of the adopted annual budget.
,
The Planning an,d Zoning Board, as Local Planning Agency, fonnally reviewed the Capital
Improvement Plan and Capital Improvement Budget on September 15, 2003, as required by the
Capital Improvement Element of the Comprehensive Plan. The Board unanimously made a finding
that both the CIP and cm are consistent with the Comprehensive Plan.
It is recommended that the City Commission accept the finding of the PI.nning and Zoning Board
that the Capital Improvement Plan and Capital Improvement Budget are consistent with the
Comprehensive Plan, and approve same.
&\C;ty CIedt\agenda mett108\Rcs,6+03,Budget Adoption.CIP.FY 2004
.---
RESOLUTION NO. 64-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, MAKING
APPROPRIATIONS OF SUMS OF MONEY FOR AIL
NECESSARY EXPENDITURES OF THE CITY OF DELRA Y
BEACH FOR THE PERIOD FROM THE 1" DAY OF
OCTOBER, 2003, TO THE 30" DAY OF SEPTEMBER, 2004; TO
PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS
WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND
TIiEIR PAYMENT; AND TO REPEAL AIL RESOLUTIONS
WHOllY IN CONFLICT WITH THIS RESOLUTION AND
AIL RESOLUTIONS INCONSISTENT WITH THIS
RESOLUTION to THE EXTENT OF SUCH
INCONSISTENCY.
. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following sums of money, attached hereto and marked Exhibit
"A", are hereby appropnated upon the tenns and conditions herein set forth.
Section 2. That, subject to the qualifications contained in this resolution, all
appropriations made out of the General Fund are declared to be maximwn, conditional and
proportionate appropriations, the purpose being to make the appropriations payable in full in the
amounts herein named if necessary and then only in the event the aggregate revenues collected and
other resources available during the period commencing the 1" day of October, 2003, and ending
the 30" day of September, 2004, for which the appropriations are made, are sufficient to pay all the
appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such
proportion as the total swn of realized revenue of the General Fund is to the total amount of
revenues estimated by the City Commission to be available in the period commencing the 1" day of
October, 2003, and ending the 30" day of September, 2004.
Section 3. That all balances of the appropriations payable out of the Genera! Fund
of the City Treasury unencumbered at the close of business on the 30" day of September, 2003,
except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be
used for the payment of the appropriations which may be made in any appropriation for the fiscal
year commencing the 1" day of October, 2003. However, nothing in this section shall be construed
to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund,
Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be
used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1"
day of October, 2003.
Section 4. That no department, bureau, agency or individual receiving
appropriations under the provisions of this resolution shall exceed the amount of its appropriation,
except with the consent and approval of the City Commission first obtained. If such department,
bureau, agency or individual shall exceed the amount of its appropriation without such consent and
approval of the City Commission, the administrative officer or individual, in the discretion of the
City Commission, may be deemed guilty of neglect of official duty and may be subject to removal
therefor.
Section 5. That nothing in this resolution shall be construed as authorizing any
reduction to be made in the amounts appropriated in this resolution for the payment of interest on,
or retirement of, the debt of the City of Delray Beach, Florida.
Section 6. That none of the monies enumerated in this resolution in connection
with the General Fund, Water and sewer Fund, Sanitation Fund or any other Fund of the City shall
be expended for any purposes other than those for which they are appropriated, and it shall be the
duty of the' Budget Administrator and/or Finance Director to report known violations of this
section to, the City Manager. .
,-.
Section 7. .That all monies collected by any department, bureau, agency or
individual of the City go~emnl.ent shall be paid prompdy into the City Treasury.
Section 8. That the foregoing budget is hereby adopted as the official budget of the
City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the
expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for
classes of expendinxes/ expenses which have been included in this resolution.
Section 9. That public hearings were held on the tax levy and the budget on
September 9, 2003, and September 23, 2003.
Section 10. That this resolution shall become effective immediately upon its
passage.
PASSED AND ADOPTED in regular session on this the 23'" day of September,
2003.
MAYOR
ATTEST:
City Clerk
2 RES. NO. 64-03
-----.-------
EXHIBIT A
BUDGET SUMMARY
CITY OF DELRAY BEACH, FLORIDA
FISCAL YEAR 2003.2004
DOWNTOWN SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS TOTAL
CAIIH IW.AIICES IIROUGIfT FORWARD 0 72,060 1,644.320 0 1,716,380
ESnllATED REVENUES:
TAXES Mlllogoo
AD VALOREM TAXES 7.52 33.791,490 33,791,490
AD VALOREM TAXES 0.48 2,157,380 2,157,380
AD VALOREM-DELINQUENT 89,000 89,000
AD VALOREM - DDA 1.00 209,780 209,780
Sales & Use Taxes 1,780,000 1,760,000
Franchise Taxes 3,248,000 3,248,000
Utility Taxes 4,044,000 4,044,000
Other Taxes 4.166,000 4,166,000
Licenses & Pennl1s 2,970,880 2,970,880
Intergovernmental 6,641.320 4,180 1,779,400 8,424,900
Cherges for Sarvices 5,708,000 32,519.910 38,227,910
Fines & Forfeitures 883,500 883,500
Miscellaneous Revenues 2,553,830 7.000 606,480 23,000 3,190,310
other Financing Sources 2,879.720 68,000 1 ,373,820 4,321 ,540
TOTAL REVENUES AND OTHER
FINANCING SOURCES 70,893,100 216,780 33,198,570 3,193,720 107,502,170
TOTAL ESnMATED REllENU~8
AND BALANCES 70,893,100 288,640 34,842,890 3,193,720 109,218,550
DNNDITlI~NSD: -.'"
General Government Sarvlces 7,166,980 7.166,980
Public Safety 39,185.888 0 39.185.888
Physical Environment 399,580 19,955,160 20,354,740
Transportation 1,602,010 1,602,010
Economic Environment . 3.503,580 266.640 1,596,140 5,388,560
Human Services 114,000 114,000
Culture & Racreation . 9,822,890 3,610,890 1,337,260 14,770.840
DeblSarvice 3,837,140 5,653,730 9,490,870
Other Financing Uses 5.010,780 5,150,940 212,750 10,374,470
TOTAL EXPENDlTURESIEllPENSES 70,642,828 288,840 34,370,520 3,146,150 108,448,138
Reserves 250,472 0 472,370 47,570 770.412
TOTAL EXPENDITURES AND RESERVES 70,893,100 288,840 34,642,890 3,193,720 109,218,550
_.No.~
EXHIBIT A
(As Amended)
BUDGET SUMMARY
CITY OF DELRA Y BEACH, FLORIDA
FISCAL YEAR 2003-2004
DOWNTOWN SPECIAL
GENERAL DEVELOPMENT ENTERPRISE REVENUE
FUND FUND FUNDS FUNDS TOTAL
CASH BAU-NCEI BROUGHT FORWARD 0 72,060 1,644,370 0 1,716,430
ES1WATED REVENUES:
TAXES MIIIages
AD VALOREM TAXES 7.52 33,791,490 33,791,490
AD VALOREM TAXES 0.48 2,157,380 2,157,380
AD VALOREM-DELINQUENT 89,000 89,000
AD VALOREM. DDA 1.00 209,780 209,780
Sales & Use Taxes 1,760,000 1,760,000
Franchise Taxes 3,248.000 3,248,000
Utility Taxes 4,044,000 4,044,000
Other Taxes 4,166,000 4,166,000
Licenses & Pennits 2,970,860 2,970,860
Intergovemmental 6,641,320 4,180 1,n9,400 8,424,900
Charges for Sarvices 5,708,000 32,519,910 38,227,910
Fines & Forfeitures 883,500 883.500
Miscellanaous Revenues 2,553.830 7,000 606,480 23,000 3,190,310
Other Financing Sources 2,879,720 88,000 1,373,820 4,321 ,540
TOTAL REVENUES AND OTHER
FINANCIIlO BOURCEa 70,893,100 216,780 33,198,570 3,193,720 107,502,170
TOTAL E81WATED REVENUES
AND BALANCEa 70,893,100 288,640 34,642,940 3,193,720 109.218,600
EXPENDmJR&AI&XPI!NSES:
General Govemment Sarvlces 7,163,730 7,163,730
Public Safaty 39,106,658 0 39.106,658
Physical Environment 398,990 19,944,380 20,343,370
Transportation 1,599.580 1,599,580
Economic Environment 3,503.580 288,840 1,595,780 5,388.200
Human Sarvices 119,000 119,000
Culture & Recreation 9,807,280 3,610,580 1,336,460 14,754,300
Debt Sarvice 3,637,140 5,653,730 9,490,870
Other Financing Uses 5,010,780 5,150,940 212,750 10,374,470
TOTAL EXPENDlTUREBlEXPENlES 70,546,718 288,640 34,359,610 3,144,990 108,340,158
Reserves 346.382 0 483,330 48,730 878,442
TOTAL EXPENDITURES AND RESERVES 70,893,100 288,840 34,642,940 3,193,720 109,218,600
Res. No. 84.00
---. ,--- -------~
TO: DAVID T. HARDEN, CITY M~~
THRU: PAUL DORLING, DIRECTOR F PLANNING &
FROM: RON HOGGARD, SENIOR PLANNER~
SUBJECT: MEETING OF SEPTEMBER 23, 2003
ADOPTION OF THE PROPOSED CAPITAL IMPROVEMENT PLAN (CIP) FOR FY2003-04
. FY2007-08.
The action requested of the City Commission is that of adoption of the proposed Capital Improvement Plan
(CIP) for FY2003-04 - FY2007-08.
The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which
the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first
year of that plan, to which the City Commission will commit as part of the adopted annual budget.
The attached Current CIP (FY2002-03 - FY2006-07) and Proposed CIP (FY2003-04 - FY2007-08) are
organized by. funclS, and then line items. Line items can be individual projects (Le. Pineapple Grove
Uplights), or annual allocations for repair and replacement such as "Building Maintenance" or "Swale
Reconstruction". Expenditures on current projects which are not completed in the current fiscal year will
"carry over" into the next fiscal year.
As the CIP is compared to the Comprehensive Plan, there should be consistency with regard to the list of
projects and time frames. Projects listed in the CIP closely track the Comprehensive Plan, and are
projected to be done within comparable time frames. The associated adjustments to the Five Year Schedule
. of Improvements proposed in the new CIP will be adopted and transmitted with Comprehensive Plan
Amendment 2003-2
The Planning and Zoning Board, acting as the Local Planning Agency, has the responsibility to review the
CIB and CIP annually, prior to their adoption by the City Commission, the Planning & Zoning Board is to
issue a statement of consistency with the Comprehensive Plan.
At its meeting of September 15, 2003, the Planning and Zoning Board considered the request at a public
hearing. There was no public comment concerning the proposed CIP. The Board had discussion relating to
the format of the review materials used to make the Finding and suggested a more comprehensive
approach for next year. After the discussion, the Board voted 6 to 1 (Peltzie dissenting) to make a positive
finding that the proposed Capital Improvement Plan (CIP) and Capital Improvement Budget (CIB) are
consistent with the Comprehensive Plan.
By motion, approve the adoption of the proposed Capital Improvement Plan (CIP) for FY2003-04 - FY2007-
08.
Attachments: Paz Staff Report, Current CIP, Proposed CIP
\0 t.. :1.
s:\planning & zoning\boards\city commission\cip finding of consistency 2004.doc
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J.,jp[ANNING'A.ND"z()'t;J1NGrBO~RD;..'Mi:lliiormNDUMTSTI'.FJ"REPQRTTIlJ'rD
t!;:;k:Ji':'i,:/>'.:.:,:::""":""":"" .'J':it1;;J:f:1';;",~;::~f3i;~.;:;.i;l,~i0;;lillj~:;~~~~~fl~1-i~iiml\;\1;m1~~'~;1mmC"j,;\<~;~qi~1r~f~~ji':~~;~;i,kiii~D~?llli:jt~;m~~t~t~~itr~d,nam:Hi~ji!!!,r~}i~~I~~~t1!1~
MEETING OF: SEPTEMBER 15, 2003
AGENDA ITEM: V.A. STATEMENT OF FINDING OF CONSISTENCY BETWEEN
THE PROPOSED CAPITAL IMPROVEMENT PLAN (CIP) AND
THE COMPREHENSIVE PLAN
The item before the Board is that of making a finding that the proposed Capital
Improvement Plan (CIP) is consistent with the Comprehensive Plan.
The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures
over $25.000, which the City plans to initiate over the next five fiscal years. The Capital
Improvement Budget (CIB)is the first year of that plan, to which the City Commission
will commit as part of the adopted annual budget. The Planning and Zoning Board,
acting as the Local Planning Agency, has the responsibility to review the CIB and CIP
annually, prior to their adoption by the City Commission and issue a statement of
consistency with the Comprehensive Plan. This responsibility is expressed in Capital
Improvement Element Policies A-3,3 and A-3.4.
The attached Current CIP (FY2002-03 - FY2006-07) and Proposed CIP (FY2003-04 -
FY2007-08) are organized by funds, and then line items. Line items can be individual
projects (i.e. Pineapple Grove Uplights), or annual allocations for repair and
replacement such as "Building Maintenance" or "Swale Reconstruction". Expenditures
on current projects which are not completed in the current fiscal year will "carry over"
into the next fiscal year.
The Capital Improvement Plan is reviewed each year by the Capital Improvement
Committee consisting of the City Manager, Assistant City Manager, Finance Director,
City Engineer and Environmental Services Director. Proposed projects are prioritized
within three categories, Critical Items (must be satisfied with the current year),
Mandatory Items (should be satisfied within one year) and Desirable Items (should be
satisfied in a time frame greater than one year) and then budgeted accordingly within
the overall 5-year program. As the CIP is compared to the Comprehensive Plan, there
should be consistency with regard to the list of projects, cost estimates, and time frame.
For the current proposed CIP, there is overall consistency. Projects listed in the CIP
closely track the Comprehensive Plan, and are projected to be done within a
comparable time frame. The following items are noteworthy:
Planning and Zoning Board Memorandum Staff Report
Statement of Finding Regarding Consistency of the Proposed CIP with the Comprehensive Plan
Page 2
. There is a consistent level of funding allocated to the water and sewer funds.
Although specific projects are not necessarily identified, sufficient funds are
allocated to meet maintenance needs as they appear, in addition to scheduled
projects identified in the master plans. In this way, both system maintenance and
upgrades can be accomplished in an orderly manner.
. Most projects in the CIP represent either implementation of adopted master plan
components, or renewal and replacement (maintenance) items for existing systems.
Projects committed in the Comprehensive Plan are included in the CIP. There are no
projects proposed in the CIP which are inconsistent with the directives of the
Comprehensive Plan. Adjustments to the Five Year Schedule of Improvements will be
proposed with Comprehensive Plan Amendment 2003-2 to reflect the adopted CIP.
By motion, make a finding that the proposed Capital Improvement Plan (CIP) and
Capital Improvement Budget (CIB) is consistent with the Comprehensive Plan.
Attachments:
. Current CIP ,
. Proposed CIJ;'
.
.
---.-----.-..---
Current
RECREATION IMPACT FEE
Delray Swim & Tennis Club-Building 250,000 0 800,000 0 0
Roller BladelSkateboard Park 95,000 0 0 0 0
TOTALS: $345,000 . $0 $800,000 $0 $0
COMMUNITY DEVELOPMENT
Infrastructure Design & Dev 136,000 0 0 0 0
Land ACQuisition 30,000 0 0 0 0
BikepathslSidewalks/Walkwavs 40,000 0 0 0 0
TOTALS: $206,000 $0 $0 $0 $0
.
BEAUTIFICATION TRUST
Other Mach. & Equipment 32,480 0 0 0 0
Maintenance/l rrigation Truck 21,141 0 0 0 0
Swinton Ave Phase II 250,000 0 0 0 0
Linton Blvd (Congress & Military Trail) 7,500 292,500 0 0 0
Lake Ida Road 393,102 200,000 0 0 0
Lake Ida Fence/Wall 100,000 0 0 0 0
Pineapple Grove FPL Poles 188,313 0 0 0 0
Project Reserve 143,900 0 0 0 0
~ TOTALS: $1,136,436 $492,500 $0 $0 $0
BEACH RESTORATION FUND ,
Surveys 37,440 38,935 40,492 42,112 43,797
Engineering .. 0 0 0 0 278,500
Fill Placement 0 0 0 0 0
Repayment Construction Interest 80,000 0 0 0 0
Sea Turtles Monitoring 27,310 27,305 14,800 16,300 16,300
Dune Reveaetation 50,000 50,000 0 0 0
Beach Tilling 55,310 56,969 58,678 0 0
Post Construction Environ I 52,000 0 0 0
Update Geotech 0 0 0 0 150,000
TOTALS: $302,060 $173,209 $113,970 $58,412 $488,597
GENERAL CAPITAL IMPROVEMENTS
Streets, Alleys, Parking Lots, Bridges & Sidewalks
Street Reconstruction 100,000 112,500 125,000 150,000 150,000
SidewalkslSwales 0 0 50,000 50,000 50,000
Traffic Calming 0 92,300 105,000 105,000 105,000
Downtown Parking Lots 0 0 0 110,000 0
Roundabouts-Atlantic-Swinton Avenue 0 90,000 525,000 0 0
SE 7th Ave-Atlantic to SE 1 st St 89,300 0 0 0 0
Dotterel Road-Audubon Blvd to N End 0 0 0 0 350,000
Royal Palm Drive 0 0 25,000 75,000 0
Transit Stops 50,000 0 0 0 0
Building Construction/Rehabilitation
Vehicle Maint Facility Expansion 0 265,000 0 0 0
Cemetery Maintenance Building 90,000 0 0 115,000 0
Old School Square-Misc. Bldg 200,000 21,500 350,000 0 0
Spady Museum 200,000 0 0 0 0
South County Library Parking Garage 534,000 0 0 0 0
Beautification
NW-SW 5th Av-NW 2nd St to SW 2nd St 0 221,000 1,300,000 0 0
W Mantic Av - Ph III 0 0 2,013,000 0 0
W Atiantic Av - Ph IV 0 0 0 1,725,000 0
Parks & Recreation Facilities Maintenance
Tennis Center-Other Improvements 25,000 25,000 75,000 75,000 75,000
(1)
Current
Miller Park Storage Building 0 0 0 175,000 0
Miller Park-Repl Fence/Park Lot Expansion 0 0 0 210,000 0
Parks-Parking Lots 0 0 0 110,000 0
Pompey Park-Renovation/Bleachers 0 55,000 0 0 0
Parks-Replace Playground Equip. 0 30,000 0 0 0
Cemetery Expansion 160,000 0 0 0 0
Merritt Park 0 0 25,000 0 0
Plumosa Park 186,750 0 0 0 0
Office ExpansionlPark Maintenance 0 0 50,000 0
Parking Meters-Multi-Space Metering 0 0 225,000 0 0
Building & Equip. Renewal & Replacement
Building Maintenance 125,000 150,000 150.000 150,000 150,000
BridQe-Repair & Maintenance 0 50,000 0 50,000 50,000
HR RemodelinQ 0 70,000 0 0 0
R&R-Computer Equipment 150,000 150,000 150,000 150,000 150,000
Software LicenselUpgrade 150,000 150,000 200,000 200,000 200,000
Computerized Irrigation System 0 0 25,000 50,000 0
Fire-SCBA Upgrade 36,700 36,700 0 0 0
Fire-Other Improvements 60,000 142,000 0 0 0
Fire-Traffic Preemption Equipment 0 0 0 0 119,500
Police Hurricane Shutters c 50,000 50,000 0 0 0
Fire - Additional Parking 0 120,000 0 0 0
Fire Headquarters Entrance Upgrade . 0 55,000 0 0 0
Fire - Defibrillators/Monitors 200,000 0 0 0 0
Fire - Laptop Computers wlPrinters 0 0 72,500 0 136,400
Police - AS400 Upgrades & Disk Storage .' 0 0 100,000 100,000 0
Type II Cabling Upgrade 0 0 200,000 200,000 0
Citrix Metaframe 0 272,500 0 0 0
Servers 87,000 25,000 0 0 0
Other Miscellaneous
Lifeguard Towers 70,000 70,000 70,000 0 0
Citv Marina-Riverwalk Seawall 322,000 0 0 0 0
Neighborhood Enhancement . 200,000 200,000 200,000 200,000 250,000
Fire-Substations Wireless Network 0 42,500 0 0 0
TOTALS: $3,085,750 $2,496,000 $5,985,500 $4,050,000 $1,785,900
CITY MARINA FUND
Riverwalk 230,000 0 0 0 0
TOTALS: $230,000 $0 $0 $0 $0
WATER/SEWER NEW CAPITAL OUTLAY
McNab Avenue 56,000 375,000 0 0 0
W Atlantic Ave Phase III 0 0 120,000 0 0
Other Mach. & Equipment 238,200 0 0 0 0
Greenbrier Drive 0 0 98,000 0 0
West Atlantic Phase IV 0 0 0 120,000 0
TOTALS: $294,200 $375,000 $218.000 $120,000 $0
WATER/SEWER CONNECTION FEES
Hospital AQreement 45,000 45,000 45,000 0 0
SCRWTDB Reclaimed Water System 150,000 500,000 500,000 500,000 100,000
SCRWTDB Aeration Basin 0 500,000 1,750,000 0 0
TOTALS: $195,000 $1,045,000 $2,295,000 $500,000 $100,000
WATER/SEWER RENEWAL & REPLACEMENT FUND
Other Repair & Maintenance I 195,000 60,000 60,000 60,000 60,000
Water Line UDQrades I 275,000 275,000 275,000 51 g,OOO 1,590,000
(2)
Current
Sewer Main Rehabilitation 600,000 650,000 650,000 650,000 650,000
Other Machinery & Equipment 85,000 60,000 0 0 0
Anion Exchange Water Treatment Addition 5,150,000 0 0 0 0
Watermain-Osceola Park 0 626,000 0 0 0
Watermain-Lake Ida Area 0 212,000 0 245,000 0
Watermain-SW 3rd StlSW 3rd Av/SW 6th Av 0 595,000 0 0 0
Watermain-SW 11th & 12th Av 0 147,000 0 0 0
Watermain- North Lake Ida Area 0 0 0 255,000 0
Watermain-SW 10th Av & SW 11th Av 0 0 593,000 0 0
Lift Station Rehabilitation 100,000 100,000 100,000 100,000 100,000
Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000
Watermain-Palm Trail Nei9hborhood 347,000 0 0 225,000 0
Watermain- NW 10th AvlNW 11 th Av 226,000 0 0 0 0
Watermain-Delray Shores Neighborhood 0 0 692,000 0 0
Watermain-US 1-SE 10th St to George Bush Bid 0 0 0 0 546,000
Relocate-SR A1A-E Atlantic Av to Pelican Ln 0 0 344,000 125,000 0
Relocate-SR A1A-Linton Blvd to E Atlantic Av 0 0 0 773,000 0
16" ICWW Crossing Rehab 20,000 100,000 0 0 0
Lift Station 6 Upgrade FM Re-routing 550,000 0 0 0 0
South Countv Courthouse Expansion 109,000 0 0 0 0
ASR Pump Reconfiguration . 145,000 0 0 0 0
Lift Station Conversion to Submersible 0 125,000 125,000 0 0
Lift Station 50 Evaluation & Analvsis ' 25,000 0 0 0 0
Lift Station 80 Conversion 150,000 0 0 0 0
.. TOTALS: $8,027,000 $3,000,000 $2,889,000 $3,002,000 $2,996,000
."
MUNICIPAL GOLF COURSE
New Greens 550,000 0 0 0 0
Irrigation Svstem Improvement 350.000 0 0 0 0
Other Machinery & Equipment 60,000 65,000 70,000 75,000 75,000
TOTALS: 960,000 65,000 70,000 75,000 75,000
LAKEVIEW GOLF COURSE "
Other Mach. & Equipment . 25,000 25,000 27,500 27,500 30,000
TOTALS: 25,000 25,000 27,500 27,500 30,000
STORMWATER UTILITY
Swale Reconstruction 0 0 0 150,000 150,000
Trooic Isles CB R&R 142,470 5,000 125,000 0 0
NE 4th St-Seawall 40,000 0 0 0 0
Osceola Park 0 125,000 0 0 0
NE 4th StoNE 5th to 6th Av 0 138,000 0 0 0
Lake Ida Area 0 90,000 0 0 0
NE 4th Av- E Atlantic Av to NE 2nd St 0 374,000 0 0 0
Dotteral Road 0 54,000 0 0 0
NW 6t Street 0 0 98,000 0 0
Thomas St Pump Station Modifications 0 0 65,000 0 0
General Stormwater Repairs 35,000 50,000 75,000 75,000 75,000
Royal Palm Blvd 0 25,000 0 0 0
SE 7th Av 50,000 0 0 0 0
SW 7th St-SW 17th Av to Aubum Av 0 173,000 0 0 0
NW 7th St-NW 1 st Av to N Swinton Av 0 0 86,000 0 0
Old Dixie Hwy-S of SE 10th St 40,000 0 0 0 0
Debt Service 795,240 53,420 53,520 53,550 53,510
TOTALS: $1,102,710 $1,087,420 $502,520 $278,550 $278,510
(3)
.-
Current
FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS> $25.000
CENTRAL GARAGE FUND
Vehicle Replacement 760,000 640,000 850,000 950,000 1,100,000
Vehicle Restoration 25,000 30,000 30,000 30,000 30,000
Fire-ALS Rescue Replace 167,200 175,560 184,340 193,500 203,200
Fire-Special Operation Truck 0 0 325,000 0 0
Fire-Ladder Truck Refurbish 0 235,000 0 0 0
Fire-E ui ment Replace 0 347,000 0 382,500 0
TOTALS: $952,200 $1,427,560 $1,389,340 $1,556,000 $1,333,200
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(4)
Proposed
RECREATION IMPACT FEE
Delray Swim & Tennis Club Ph II 164,000 700,000 0 0 0
Delrav Swim & Tennis Club Ph II -Eqip 0 50,000 0 0 0
TOTALS: $164,000 $750,000 $0 $0 $0
COMMUNITY DEVELOPMENT FUND
Land Acquisition 30,000 0 0 0 0
BikepathslSidewalks 105,000 0 0 0 0
TOTALS: $135,000 $0 $0 $0 $0
BEAUTIFICATION TRUST FUND
Federal Highway Medians 40,000 0 0 0 0
Swinton Ave Phase II 250,000 0 0 0 0
Linton Blvd (Congress & Military Trail) 292,500 0 0 0 0
Exotic Tree Removal 35,000 30,000 30,000 0 0
Pineapple Grove Uplights 30,000 0 0 0 0
Computerized Irrigation System 25,000 25,000 25,000 25,000 0
Fire Headquarters Entrance Upgrade 55,000 0 0 0 0
City Wide Tree Trimming - Equipment 0 0 0 133,000 0
TOTALS: $727,500 $55,000 $55,000 $158,000 $0
BEACH RESTORATION FUND
Surveys 38,935 40,492 42,112 43,797 45,548
Engineering 0 0 0 278,000 93,000
Beach Tilling . 12,000 12,360 12,720 0 0
Construction - Bid 0 0 0 0 23,500
Post Construction Environ I 0 0 0 0 265,000
Sea Turtles Monitoring 27,305 14,800 16,300 16,300 16,300
Dune Revegetation 50,000 50,000 0 0 0
Update Geotech 0 0 0 150,000 0
TOTALS: $128,240 $117,652 $71,132 $488,097 $443,348
GENERAL CAPITAL IMPROVEMENTS
Streets, Allevs, Parking Lots, Bridges & Sidewalks
Street Reconstruction , 100,000 100,000 140,000 150,000 150,000
SidewalkslSwales 0 0 50,000 50,000 50,000
Downtown Parking Lots 0 0 110,000 0 0
Traffic Calming 52,000 100,000 100,000 104,000 104,000
Ne 4th Ave-E Atlantic Ave to NE 2nd St 0 626,000 0 0 0
Transit Stops Bus Shelters 266,200 0 0 0 0
Royal Palm Drive 100,000 0 0 0 0
Osceola Park 483,000 483,000 0 0 0
Countrv Club Acres 360,000 0 0 0 0
Atlantic Ave/NW 24th Ave Tum Lanes 250,000 0 0 0 0
SW 2nd Av-SW 1 st St to Atlantic Av 115,000 0 0 0 0
SE-NE 1st Street One-Wav Pair 105,000 700,000 0 0 0
Bridae - Linton Blvd Tender House 141,000 0 0 0 0
SW 1 st Av-SW 1 st St to W Atlantic Av 0 0 0 0 115,000
Dotterer Road-Audubon Blvd to N End 0 0 0 403,000 0
Dixie Highwav-US 1 Connector 0 106,000 0 0 0
Pineapple Grove-Sidewalks 0 0 0 0 173,000
Building Construction/Rehabllltation
Public Works-Storage BuildinglFire Bay 0 271,000 0 0 0
Delrav Beach Library Building 6,500,000 0 0 0 0
Old School Square-Hurricane Shutters 0 0 247,000 0 0
Cemeterv Maintenance Building 0 0 0 115,000 0
Fire-Rescue/Police Trainina Facilitv 250,000 250,000 0 0 0
(1)
Proposed
Beautification
SW-NW 5th Av-SW 1st St to NW 2nd St 1,450,000 0 0 0 0
SE-NE 5th Av & 6th Av-SE 4th Stto NE 4th St 100,000 750,000 5,000,000 0 0
W Atlantic Av - Ph III 0 2,013,000 0 0 0
W Atlantic Av - Ph IV 0 0 1,725,000 0 0
SE 2nd St-S Swinton Av to FEC X-ing 0 0 0 0 173,000
Parks & Recreation Facilities
Tennis Center-Equipment Storage Enclosure 0 0 0 0 70,000
Tennis Center-Rehab Clay Courts 0 50,000 50,000 50,000 50,000
Tennis Center-Replace Stadium Seats 0 0 0 0 70,000
Tennis Center-Equipment 0 0 0 0 125,000
Pompey ParlllCommunity Center Bleachers 0 55,000 0 0 35,000
Intracoastal Park 1,000,000 0 0 0 0
Parks-Replace Playground Equip. 0 30,000 0 0 30,000
Parks-Parkina Lots 0 0 140,000 0 0
Plumose Park 225,000 0 0 0 0
Merritt Park 0 0 30,000 0 0
Parking Meters-Multi-Space Metering 0 0 225,000 0 0
Old School Square Maintenance' 36,000 0 0 0 0
Miller Park-Parking Lot Expansion 0 0 0 90,000 0
Miller Park Storage Building , 0 0 0 175,000 0
Miller Park-Fence Replacement 0 0 0 120,000 0
Office Exoansion/Park Maintenance 0 0 0 50,000 0
Building & Equip. Renewal & Replacement
City Hall Space Stadv . . 75,000 0 0 0 0
Building Maintenance 100,000 100,000 150,000 150,000 150,000
Roof Repair & Replacement 103,000 0 40,000 0 284,500
HR Remodeling 0 0 79,000 0 0
R&R-Computer Equipment 150,000 150,000 150,000 150,000 150,000
Software LicenselUpgrade 150,000 180,000 180,000 180,000 180,000
Fire - Additional Parking 0 0 0 120,000 0
Fire-SCBA Upgrade 36,700 0 0 0 0
Fire-MDT for FD Vehicles - Repeaters 310,000 0 0 0 0
Fire-Space Alloication & Design-FD Headquarters 0 0 42,000 0 0
Fire-Upgrade Generator FS #1 & 2 0 200,000 0 0 0
Police Hurricane Shutters 0 50,000 0 0 0
Police-New Phone System 180,000 0 0 0 0
Police-Replacement Laptop Computers 0 0 150,000 250,000 200,000
Police-Citrix License 0 0 0 0 39,000
Police - Upgrade Cellular Data Package 75,000 0 0 0 0
Public Works - Fleet Maintenance Software 62,000 0 0 0 0
iSeries Server-Police & City Hall wi Redundancy 460,000 0 0 0 0
Interactive Voice Response Svstem 50,000 0 0 0 0
Intrusion Detection System 0 0 0 0 48,000
MS Content Management Licence-Citv Web Server 74,000 0 0 0 0
MS Server License Agreement 50,000 28,000 28,000 28,000 28,000
Replacement Intemal Building Data Cabling 0 0 200,000 200,000 0
Web-Enabled Applications 0 0 0 0 76,000
Citrix Metaframe 21,000 110,000 50,000 50,000 21,000
Citv Clerk-Paperless Agenda 0 46,200 0 0 0
City Commission Chambers Modemization 0 0 0 0 218,700
Other Miscellaneous
Lifeguard Towers 0 0 90,000 0 0
Neighborhood Enhancement 150,000 200,000 200,000 200,000 200,000
Fire-Substations Wireless Network 0 42,000 0 0 0
Beach Pavilion at A1A & Atlantic Avenue 0 0 0 0 175,000
TOTALS: $13,579,900 $6,640,200 $9,176,000 $2,635,000 $2,915,200
(2)
Proposed
CITY MARINA FUND
Pier Construction 100,000 0 0 0 0
TOTALS: $100,000 $0 $0 $0 $0
WATER/SEWER NEW CAPITAL OUTLAY
Neighborhood Park-SW 6th Street 26,000 0 0 0 0
SCRWTDB Pelletization Project 500,000 1,000,000 1,000,000 0 0
County Club Acres Improvements 475,000 0 0 0 0
Sludge Thickener-Additional 0 400,000 0 0 0
W Atlantic Ave Phase III-Water Main 0 120,000 0 0 0
West Atlantic Phase IV-Water Main 0 0 120,000 0 0
Greenbrier Drive-Sewer 0 0 117,000 0 0
TOTALS: $1,001,000 $1,520,000 $1,237,000 $0 $0
WATER/SEWER CONNECTION FEES
Hospital Agreement 45,000 45,000 0 0 0
SCRWTDB Reclaimed Water System Expansion 312,500 500,000 500,000 500,000 500,000
Reclaimed Water Transmission System 1,701,592 700,000 400,000 0 0
TOTALS: $2,059,092 $1,245,000 $900,000 $500,000 $500,000
WATER/SEWER RENEWAL & REPLACEMENT FUND
Other Repair & Maintenance 214,000 214,000 165,500 165,500 165,500
Lift Station Conv Submersible 100,000 100,000 100,000 100,000 100,000
Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000
Water Main Rehabilitation 270,000 270,000 270,000 270,000 270,000
Sewer Main Rehabilitation 500,000 500,000 500,000 500,000 500,000
Computer Equipment 40,000 0 0 0 0
Other Machinery & Equipment 35,000 155,000 120,000 0 0
Water Main-SW 12th AvlSW 11 th AvlSW 3rd St 486,000 0 0 0 0
Water Main-Lake Ida Area 287,000 254,000 0 0 0
Water Main-Osceola Park 331,000 331,000 0 0 0
Water Main-Palm Trail Neighbarhood 204,000 0 414,000 0 0
Water Main-SW 3rd StlSW 3rd AvlSW 6th Av 0 497,000 0 0 0
Water Main-SR A1A-E Atlantic Av to Pelican Ln 0 458,000 0 0 0
Water Main-SR A1A-Casuarina Rd to E Atlantic Ave 0 304,000 0 0 0
Water Main-SW 10th & SW 15th Ave 0 0 238,000 0 0
Water Main- North Lake Ida Area 0 0 228,000 0 0
Water Main-Seasage/MelaleucalTamarind 0 0 248,000 0 0
Water Main-US 1-SE 10th St to E Mantic Ave 0 0 0 546,000 0
Water Main-SE 1 st Av-SE 3rd St to E Atlantic Ave 0 0 0 0 186,000
Water Main-US 1-E Atlantic Ave to George Bush Blvd 0 0 0 0 546,000
Water Main-Sw 11th & SW 12th Avenue 0 0 0 0 147,000
Water Main-NW 12th St & Grove Way 0 0 0 0 393,000
Water Main-Delray Shores Neighborhood 0 0 0 0 673,000
Water Main-Dixie Highwav-US 1 Connector 0 0 0 0 55,000
ASR Well Pump Repl & Well Development 100,000 0 0 0 0
TOTALS: $2,617,000 $3,133,000 $2,333,500 $1,631,500 $3,085,500
MUNICIPAL GOLF COURSE
Other Machinerv & Equipment 50,000 60,000 70,000 80,000 90,000
TOTALS: $50,000 $60,000 $70,000 $80,000 $90,000
LAKEVIEW GOLF COURSE
Other Mach. & Equipment 0 0 25,000 30,000 35,000
TOTALS: $0 $0 $25,000 $30,000 $35,000
(3)
Proposed
.
STORMWATER UTILITY
General Stormwater Repairs 33,550 50,000 50,000 50,000 50,000
Swale Reconstruction 0 0 150,000 150,000 150,000
Tropic Isles CB R&R 50,000 125,000 0 0 0
NE 4th Av- E Atlantic Av to NE 2nd St 370,000 0 0 0 0
Lake Ida Area 90,000 90,000 0 0 0
SW-NW 5th Ave-SW 1 st St to W Mantic Ave 100,000 0 0 0 0
Osceola Park 228,000 351,000 0 0
SW 2nd Ave-SW 1st St to W Mantic Ave 86,000 0 0 0 0
Royal Palm Drive 73,000 0 0 0 0
DixieHighway-US 1 Connector 30,000 0 0 0 0
NE 4th StoNE 5th Ave to NE 6th Ave 0 138,000 0 0 0
Pump Station Rehab 0 100,000 150,000 250,000 100,000
Rainberry Woods 100,000 0 0 0
Thomas St Pump Station Modifications 0 109,000 0 0 0
Seasage/MelaleucaIT amarind 0 0 518,000 0 0
Dolleral Road-Audubon Blvd to N End 0 0 0 54,000 0
NE 4th St 0 0 0 109,000 0
SE 2nd St-S Swinton Ave to FEC X-ing 0 0 0 0 138,000
SW 1 st Ave-SW 1 st St to W Atlantic Ave 0 0 0 0 86,000
" TOTALS: $1,060,550 $1,063,000 $868,000 $613,000 $524,000
CENTRAL GARAGE FUND .
Vehicle Replacement 654,320 1,100,000 1,175,000 1,250,000 1,750,000
Vehicle Restoration ~ . 85,000 85,000 85,000 85,000 85,000
Fire-ALS Rescue Replace 184,340 193,500 203,300 213,465 224,200
Fire-Ladder Truck Replacement 336,000 0 0 0 0
Fire=EQuipment Pumper Replacement . 354,400 0 0 400,800 0
Fire-Special Operation Truck 0 0 345,000 0 0
Transfer to General Fund-Fire Ladder Truck 215,000 0 0 0 0
TOTALS: $1,829,060 $1,378,500 $1,808,300 $1,949,265 $2,059,200
(4)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM # \00_ REGULAR MEETING OF SEPTEMBER 23. 2003
ORDINANCE NO. 28-03 (SMALL SCALE FUTURE LAND USE MAP
AMENDMENT & REZONING
DAIE: SEPTEMBER 19,2003
Ihis ordinance is before Commission for second reading and a qllasijlldicial hearing that provides for a
small scale Future Land Use Map (pLUM) amendment from ill (Low Density Residential- Five (5)
dwelling units/acre) to CF-C (Community Facilities - Churches) for a 4.13 acre parcel of land, and
rezoning from R-1-AA (Single Family Residential) to CF (Community Facilities) for a 0.795 acre
parcd for the St. Vincent Ferrer Church located on the north side ofN.E. 6'" Street, between N.E. 8'"
Avenue and Palm Trail.
. --
The church has acquired three, ;(3) additional lots southeast of the current church campus at the
northeast comer of N.E. 8'" Avenue and N.E. 6'" Street. The proposed FLUM amendment involves
. the southern half of the church property which includes the 3.335 acre parcd of land where the new
gymnasium facilities, pre-kindergarten facility and meeting hall exist and the newly acquired 0.795 acre
parcd of land. On February 16, 1999, the City Commission approved a City initiated corrective
rezoning from R-12AA (Single Family Residential) to CF (Community Facilities).
The Planning and Zoriing Board hdd a public hearing in conjunction with the request. There were no
public comments.. After discussing this proposal, the Board voted 6-0 to recommend that the
requests be approved, based on positive findings with respect to Future Land Use Element Policy A-
1.7 of the Comprehensive Plan (pLUM Amendment Findings), Land Devdopment Regulations
(LDR) Section 3.1.1 (Required Findings), illR Section 2.4.5 (D)(5) (Rezoning Findings), and the
goals, objectives, and policies of the Comprehensive Plan.
At the first reading on September 9, 2003, the City Commission passed Ordinance No. 28-03.
Recommend approval of Ordinance No. 28-03 on second and final reading.
&\City CIcrl<\'flO"da memos\0nI.28.03.9,23.03 Rczonmg
~
, CITY COMMISSION DOCUMENTAnON, ...... .. r. .... . . .'.r.....~
TO: ~YID It ~DEN, ~W Mt~GER
THRU: ~);tJt 6'Oag~~iEer-O~ ~ PLANNING AND ZONING
FROM: MICHELLE HOYLAND, SENIOR PLANNER ~ ttoLf ~
SUBJECT: MEETING OF SEPTEMBER 9, 2003
PRIVATELY INITIATED SMALL SCALE FUTURE LAND USE MAP (FLUMl
AMENDMENT FOR ST. VINCENT FERRER CHURCH, FROM LD (LOW DENSITY
RESIDENTIAL 0-5 DWELLING UNITS PER ACREl TO CF-C (COMMUNITY
FACILITIES - CHURCHl FOR A 4.13 ACRE PARCEL AND A REZONING FROM R-1.
AA (SINGLE FAMILY RESIDENTIALl TO CF (COMMUNITY FACILITIESl FOR A
0.795 ACRE PARCEL LOCATED ON THE NORTH SIDE OF NE 6TH STREET,
BETWEEN NE 8TH AVENUE AND PALM TRAIL.
1'" '. '. BACKGROUN. D .....'..;~
. . . . /""'<'41
The entire church property (9.8 acres) was zoned R-1AA (Single Family Residential) prior to the
Citywide Rezoning associated with the approval of the Land Development Regulations in 1990. The
zoning and Future Land Use Map designation on the northern half (6.46 acres) of the parcel was
changed to CF (Community Facilities) with the Citywide Rezoning in 1990. The zoning on the
southern half retained its zoning designation of R-1-AA (3.4 acres), as it contained several residential
structures, Since the southern half of the property (Lots 4-8, Replat of Martha's Vineyard) had been
owned and utilized by the church for Community Facility uses since at least the mid 1970's the
appropriateness of the retention of single family zoning R-1-AA was questionable, Therefore, the City
Commission approved a City Initiated Corrective Rezoning from R-1AA to CF on February 16, 1999.
At the time this portion of the property had an underlying Future Land Use Map designation of LD
(Low Density Residential 0-5 du/ac) which was not changed as it was consistent with the proposed
zoning of CF. Subsequently, the Church obtained site plan approval on March 17, 1999, from the Site
Plan Review and Appearance Board (SPRAB) for the construction of a new gymnasium, facilities for
pre-kindergarten' children and a new meeting hall on the southern property. These improvements
have been constructed.
The church has acquired three additional lots (0.795 acres) southeast of the current church campus at
the northeast corner of NE 8th Avenue and NE 6th Street. The proposed FLUM Amendment involves
the southern half of the church property which includes the 3.335 acre parcel of land where the new
gymnasium facilities, pre-kindergarten facility and meeting hall exist and the newly acquired 0.795
acre parcel of land. The 0.795 acre parcel is to be rezoned from R-1-AA to CF. The applicant (St.
Vincent Ferrer Church) does not propose a change in use of the property at this time. Additional
background and an analysis of the FLUM amendment and rezoning are provided in the attached
Planning and Zoning Board staff report.
'/c"PLANNINGAND ZONING BOARD CONSIDEAAl'ION',1Y.;'
At its meeting of August 18, 2003, the Planning and Zoning Board held a publiC hearing in conjunction
with the Rezoning and FLUM amendment requests. After reviewing the staff report and discussing
the proposal, the Board unanimously voted 6-0 (Pike absent) to recommend that the requests be
approved, based on positive findings with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1 (Required Findings), LOR
Section 2.4.5(0)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the
Comprehensive Plan. /d..A
City Commission Documentation
Meeting of September 9, 2003
St. Vincent Ferrer Church - FLUM Amendment and Rezoning
Page 2
'RECOMMENDED
By motion, approve the proposed FLUM Amendment from LD (Low Density Residential 0-5 du/ac) to
CF-C (Community Facilities - Church) for a 4.13 acre parcel of land and rezoning from R-1-AA (Single
Family Residenital) to CF (Community Facilities) for a 0.795 acre parcel of land, based on positive
findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 3,1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning
Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan.
Attachments: P & Z Staff Report of August 18, 2003 & Ordinance by Others
. "
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ORDINANCE NO. 28-03
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM
LD (LOW DENSIlY RESIDENTIAL 0-5 DU/AC) TO CF-C
(COMMUNIlY FACILITIES-CHURCHES); ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZONING AND PLACING LAND
PRESENTI..Y ZONED R-l-AA (SINGLE FAMILY
RESIDENTIAL) DISIRICT IN PART AND CF
(COMMUNIlY FACILITIES) DISTRICT IN PART TO CF
(COMMUNIlY FACILITIES) DISIRICT; SAID LAND
BEING A PARCEL OF LAND LOCAIED ON THE NORTH
_ .SIDE OF NE 61H STREET, BElWEEN NE 81H AVENUE
AND PAU,( TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, APRIL 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DA IE.
WHEREAS, St Vincent Ferrer Church, is the fee simple owner of a 4.13 acre parcel ofland
located on the north side ofNE 6th Street, between NE 8th Avenue and Palm Trail; and
.
WHEREAS, the subject property hereinafter described has an existing Future Land Use
Map (FLUM) designation ofLD (Low Density Residential 0-5 du/ac); and
WHEREAS, the owner of the property requested to change the Future Land Use Map
designation from LD (Low Density Residential 0-5du/ac) to CF-C (Community Facilities-
Churches); and
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated April, 2003, as being zoned R-l-AA (Single Family Residential)
District in part, and CF (Community Facilities) District in part; and
WHEREAS, at its meeting of August 18, 2003 the Planning and Zoning Board for the City
of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0
to recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
Florida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Future Land Use Map designation of the subject property is hereby
officially affixed as CF-C (Community Facilities-Churches) for the following described property.
Section 2. That the City of Delray Beach elects to make this small scale amendment by
having only an adoptio,n hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the
same is hereby amendecHo reflect a zoning classification of CF (Community Facilities) District, for
the following described property:
,
.Lots 1,2,3 and 4, less the West 5.0 feet thereof, together with Lots 5, 6, 7 and 8,
. Replat of Martha's "Vineyard, according to the Plat thereof as recorded in Plat
Book 23, Page 123, of the Public Records of Palm Beach County, Florida, all in
Delray Beach, Florida less the East 5.0 feet of said Lots 5, 6 and 8 and Less that
portion of said Lot 8 described as follows:
Beginrung at the southeast comer of said Lot 8; thence westerly along the South
line of said Lot 8, a distance of 125.0 feet; thence making an angle of 90"00'00"
from the'previous course through the northeast run a distance of 2.0 feet; thence
making an angle of 90"00'00" from the previous course through the southeast run
125.29 feet to the East line of said Lot 8; thence southerly along the East line of
said Lot 8, a distance of 2.02 feet to the point of beginning.
Section 4. lbat the Planning and Zoning Director of the said City shall, upon the effective
date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 3 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 6. lbat 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.
2 ORD. NO. 28-03
Section 7. That this ordinance shall become effective as follows: thirty-one (31) days after
adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.5. If challenged,
the effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in compliance with
Section 163.3184, F.5. No development orders, development pennits, or land uses dependent on
this amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of which resolution
shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview
Drive, Tal1ahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ..2003.
A TrEST' ,. MAYOR
.
City Clerk
First ReadIDg ..
Second Reawng .
3 ORD. NO. 28-03
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE: August 18, 2003
AGENDA ITEM: IV, A,
ITEM: Future land Use Map Amendment From lD (low Density Residential) To CF-C
(Community Facilities-Churches) for a 4.13 Acre Parcel of land and Rezoning From
R-1-AA (Single Family Residential) To CF (Community Facilities) for a 0.795 Acre
Parcel of land For St Vincent Ferrer Church (Quasi-Judicial Hearing).
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GENERAL DATA:'
Owner."..."......."..:.........:.......... Diocese of Palm Beach
ApplicanL.......,,'~......,:.............. Father Skeehan-St Vincent Ferrer Church
AgenL.....................,................ Digby Bridges, Marsh & Associates, P.A.
location..................................... North side of NE 6th Street, between NE 8th Avenue and Palm Trail.
Property Size............................. 4,13 Acres (land Use Designation Request) & 0.795 Acres (Rezoning
Request)
F.LU.M. Designation................. Community Facilities-Churches & low Density (0-5 units/acre)
Current Zoning.......................... CF (Community Facilities) _.
Adjacent Zoning...,...........North: CF (Community Facilities)
East: R-1-AA (Single Family Residential)
South: R-1-AA
West: R-1-AA (Single Family Residential)
Existing land Use.................... A church, three single family residences, storage facility for the church
and basketball courts.
Proposed land Use....",........,... Future land Use Map Amendment from lD (low Density Residential)
To CF-C (Community Facilities-Churches) and Rezoning From R-1-AA
(Single Family Residential) to CF (Community Facilities),
Water Service............................ Existing on site,
Sewer Service,.......................... Existing on site.
IV.A.
.
~~~.~""'~~~~
The action before the Board is that of making a recommendation to the City
Commission on a privately sponsored Small Scale Future Land Use Map (FLUM)
Amendment from LD (Low Density Residential 0-5 dwelling units per acre) to CF-C
(Community Facilities - Church) for a 4.13 acre parcel and a rezoning from R-1-AA
(Single Family Residential) to CF (Community Facilities) for a 0.795 acre parcel located
on the north side of NE 6th Street, between NE 8th Avenue and Palm Trail.
Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and
Zoning Board shall review and make a recommendation to the City Commission with
respect to FLUM and Rezoning Amendments for any property within the City,
_'~imJm_
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The entire church property (9.8 acres) was zoned R-1AA (Single Family Residential)
prior to the Citywide Rezoning associated with the approval of the Land Development
Regulations in 1990. the zoning and Future Land Use Map designation on the north em
half (6.4 a.cres) of the parcel was changed to CF (Community Facilities) with the
Citywide Rezoning in 1990. The zoning on the southern half retained its zoning
designatiOn Of R-1-AA (3.4 .acres) as it contained several residential structures. As the
southern half of the property had been owned and utilized by the church for Community
Facility uses since at leasUhe mid 1970's the appropriateness of the retention of single
'. family zoning R-1-AA is questionable.
On February 16, 1999, the City Commission approved a City Initiated Corrective
Rezoning from R-1AA to CF for this southern half (Lots 4-8, Replat of Martha's
Vineyard). .At the time this portion of the property had an underlying Land Use
designation of LD (Low Density Residential 0-5 du/ac) designation which was not
changed as it was found to be consistent with the proposed zoning of CF.
Subsequently, the Church obtained site plan approval on March 17, 1999, from the Site
Plan Review and Appearance Board (SPRAB) for the construction of a new gymnasium,
facilities for pre-kindergarten children and a new meeting hall on the southern property,
These improvements have been constructed.
The church has subsequently acquired three additional lots southeast of the current
church campus. The proposed FLUM Amendment involves the southem half of the
church property which includes the 3.335 acre parcel of land where the new gymnasium
facilities, pre-kindergarten facility and meeting hall exists and the newly acquired 0.795
acre parcel of land at the northeast corner of NE 8th Avenue and NE 6th Street The
0,795 acre parcel (3 lots) is also subject to the proposed Rezoning from R-1-AA to CF.
The applicant (St Vincent Ferrer Church) does not propose a change in use of the
property at this time.
Planning and Zoning Board S, ~eport
St. Vincenl's Ferrer Church - FLUM Amendment and Rezoning
Page 2
~~.-
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REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings). prior to approval of land Use
applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information on the application. written
materials submitted by the applicant, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or deny the development
application. These findings relate to the Future land Use Map, Concurrency,
Comprehensive Plan Consistency, and Compliance with the land Development
Regulations.
FUTURE lAND USE MAP: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning
must be consistent with the applicable land use designation as shown on the
Future land Use Map.
While the current lD (Low Density Residential 0-5 du/ac) FLUM designation is
consistent with the existing CF and R-1-AA zoning districts, the proposed CF FLUM
designatipnyviII allow overall consistency with the balance of the Church property, The
proposed zoning change from R-1-AA (Single Family Residential) to CF (Community
Facilities) for the three residential structures will be consistent with the proposed CF-C
FLUM designation as they are being utilized by the Church. Churches and their
accessory uses. are' allowed as Conditional Uses in the R-1-AA zoning district.
However, the existing residential, school and gymnasium uses are allowed as a
permitted use accessory to the Church in the CF zoning district. Rezoning to CF is
more appropriate given the similar designations on the balance of the property. The CF
(Community 'Facilities) zoning district is consistent with the proposed CF-C (Community
Facilities - Church) Future Land Use Map designation.
Future land Use Element Policy A-1.7: Amendments to the Future land Use Map
(FlUM) must be based upon the findings listed below, and must be supported by
data and analysis that demonstrate compliance with these findings:
o Demonstrated Need .. That there is a need for the requested land use. The
need must be based upon circumstances such as shifts in demographic
trends, changes in the availability of land, changes in the existing character
and FlUM designations of the surrounding area, fulfillment of a
comprehensive plan objective or policy, annexation into the municipal
boundaries. or similar circumstances. The need must be supported by data
and analysis verifying the changing demographics or other circumstances,
This requirement shall not apply to requests for the FlUM designations of
Conservation or Recreation and Open Space; nor shall it apply to FlUM
changes associated with annexations when the City's advisory FlUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However. the findings described in the
remainder of this policy must be addressed with all FlUM amendments.
Planning and Zoning Board 5: ~eport
51. Vincent's Ferrer Church - FLUM Amendment and Rezoning
Page 3
The proposal involves a privately initiated FLUM designation change from LD (Low
Density Residential 0-5 du/ac). As stated earlier, the proposed CF-C FLUM
designation allows overall consistency of the existing 3.335 acre parcel which
currently contains the gymnasium, pre-kindergarten facility and meeting hall with the
balance of the Church property. The 0.795 acre parcel of land, located at the
northeast comer of NE 8th Avenue and NE 6th Street, which contains three single
family residences, is owned by the Church, The Church currently occupies the
entire block and therefore it seems more appropriate for these parcels to be
incorporated into the Church campus given their use and location, immediately
adjacent to the Church. While the applicant has indicated that teachers and staff of
the Church reside on this property the future development potential or church uses
will be allowed as a permitted use rather than a conditional use required under the
current R-1-AA zoning designation,
The S1. Vincent's Ferrer Church campus exists to the north of the subject property,
and functions with the subject property as an overall campus. To the west, south
and east, single family residential exists within the R-1-AA zoning district, which
have a LD FLUM designation: Given the existing character and FLUM designations
of the surrounding area the proposed CF-C designation is the most appropriate for
the subject property' as it will allow consistency for the balance of the Church
property and therefore is consistent with this Policy of the Comprehensive Plan.
('
[J Consistency - The requested designation is consistent with the goals,
objectives. and policies of the most recently adopted Comprehensive Plan.
The following ar~ the applicable objective is noted:
Future Land Use Element Obiective A.1: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate in
terms of soil,. topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
The subject 3,335 acre property does not have any unique environmental
characteristics that would prohibit development of the site or require mitigation
measures. However, the 0.795 acre parcel, which contains three single family homes
and is located immediately west of the Church campus, currently has a LD (Low Density
Residential 0-5 du/ac) FLUM designation and is within the R-1-AA zoning district, While
it is noted that churches are allowed as conditional uses within the R-1-AA zoning
district, they are allowed as permitted uses within the CF zoning district. Therefore, the
proposed changes will allow uses which are currently conditional uses to be permitted
uses under the CF FLUM and zoning designations. The net result of this change would
be to allow development of church uses under less restrictive land use control (I.e. not
require conditional use approval), That said, future development of these parcels can
be done in a manner which would be complementary to adjacent uses through the
resulting site plan review requirements,
- . .._o_.__._u___
. Planning and Zoning Board 5' ~eport
51. Vincent's Ferrer Church - FLuM Amendment and Rezoning
Page 4
The FLUM amendment to CF-C and zoning to CF will ensure overall consistency with
the balance of the Church property, which is complementary to the adjacent residential
homes to the east, west and south and to the most part existed this way for many years,
o Concurrency - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
In the preparation of the Delray Beach Comprehensive Plan, the land use designations
throughout the entire planning and service area were considered with respect to the
overall land use pattern, assessment of level of service, the provision of services, and
meeting remaining land use needs. The existing use of the property includes residential
and school functions associated with the Church. The existing LD FLUM designation is
consistent with both the R-1-AA and CF zoning designations. The intensities of the
uses allowed under the CF zoning district can be greater than those developable under
residential zoning districts, However, churches are allowed as conditional uses in
residential districts. 'Conditional uses are usually approved subject to the provision of -
appropriate mitigation of any impacts on adjacent properties. Within the CF zoning
district the church usewill become a permitted use.
There are no concerns meeting Level of Service standards relating to traffic, drainage,
, .
water and sewer, solid waste. Drainage can be accommodated on site via an
exfiltration system. City facilities, such as water and sewer have sufficient capacity to
handle development under the CF-C FLUM and CF zoning designations. Similarly, solid
waste can be accommodated by existing County facilities and the development potential
should have no impacts relating to schools or parks. It is anticipated that concurrency
levels associated with future development of these parcels can be met. Thus, positive
findings can be made at this time with regard to concurrency for all services and
facilities.
o Compliance - Development under the requested designation will comply with
the provisions and requirements of the Land Development Regulations.
Future redevelopment of the 3,335 acre and 0,795 acre parcels of land will occur in
accordance with the City's Land Development Regulations and subject to the site plan
review process, It is anticipated that there should be no problems complying with the
Land Development Regulations,
..
As previously stated, the zoning involves three parcels of land which total 0.795 acres,
which were recently acquired by the Church. These parcels contain three single family
homes which are occupied by Church staff and teachers, The proposed City zoning
designation for these parcels is CF (Community Facilities) while the current zoning
designation is R-1-AA (Single Family Residential). The zoning designations of the
surrounding properties are identified in the Future Land Use Map Amendment Analysis
section of this report.
-.------ .~------.-
Planning and Zoning Board S ~eport
51. Vincent's Ferrer Church - fLuM Amendment and Rezoning
Page 5
Section 3.2.2 (Standards for Rezonina Actions1: Standards B, C and E are not
applicable. The applicable performance standards of Section 3.2.2 are as follows:
(A) The most restrictive residential zoning district that is applicable given
existing development patterns and typical lot sizes shall be applied to
those areas identified as "stable" and "stabilization" on the Residential
Neighborhood Categorization Map. Requests for rezonings to a different
zoning designation, other than Community Facilities, Open Space, Open
Space and Recreation, or Conservation shall be denied.
The property is located within the area identified as .stable" on the Residential
Neighborhood Categorization Map, The development pattern of this existing
neighborhood is such that properties have been primarily developed as single
family residences (R-1-AA zoning) with the exception of the St Vincent's Ferrer
Church. The three single family homes located on the 0.795 acre parcel of land
are located immediately west of the Church within the block occupied by the
Church. The residences have been utilized as homes by Church staff and
teachers. Giv~n the use and the desire to incorporate the residences into the
church campus, and the fact that a CF zoning designation is proposed,
consistency with this standard can be made.
(0) THat 'the rezoning .shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed;
or that if an incompatibility may occur, that sufficient regulations exist to
properly !'litigate adverse impacts from the new use.
The following zoning designations and uses border the properly:
Direction Zonina Uses
North CF Existing St Vincent's Ferrer Church
West R-1-AA Single Family Residences
South R-1-AA Single Family Residences
East R-1-AA Single Family Residences
The proposed rezoning is compatible with the adjacent land uses and consistent
with the development pattern of the existing Church. The proposed zoning will
allow the Community Facility use of a church. Churches are currently allowed as
conditional uses within the existing zoning category of R-1-AA. Conditional uses
are usually approved with appropriate mitigation of any impacts on adjacent
properties. As no negative impacts on adjacent properties are expected, this use
is compatible under both the existing and proposed zoning categories.
Section 2.4.5(01(51 (Rezonina Findinas1:
Pursuant to Section 2.4.5(0)(5) (Findings), in addition to provisions of Chapter
Three, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
Planning and Zoning Board S' ~eport
St. Vincent's Ferrer Church - F-LIJM Amendment and Rezoning
Page 6
a. That the zoning had previously been changed, or was originally
established, in error;
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the
Future land Use Map and that it is more appropriate for the property based
upon circumstances particular to the site and/or neighborhood.
As noted previously, the development pattem within the surrounding neighborhood has
been established such that the properties are mainly single family residences, The
existing lD FLUM designation is consistent with both the existing R-1-AA and proposed
CF zoning designations, The intensities of the uses allowed under the CF zoning
district can be considered greater than residential zoning districts,as churches are
allowed as permitted uses in the CF zoning district and conditional uses in residential
districts. There are appropriate and sufficient regulations in place to mitigate potential
negative impacts on the surrounding area which can be applied through the site plan
review process should' future development occur of these three parcels. As no negative
impacts on adjacent properties are expected, this use can be considered compatible
under both the existing and proposed zoning categories, Additionally, the proposed
rezoning wilrallow overall cpnsistency with the balance of the Church property, which is
complementary to the adjacent residential homes to the east, west and south and has
existed this way for several years. Therefore, a finding can be made the rezoning fulfills
. subsection "c."
.
It
The property il?' .f1ot in an area that requires review by the CRA (Community
Redevelopment Area) or the DDA (Downtown Development Authority).
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Letters of support or objection, if any, will be presented at the
Planning and Zoning Board meeting.
Courtesv Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
. Palm Trail
. Presidents Council
. PROD
Planning and Zoning Board l: Report
51. Vincent's Ferrer Church - I-LUM Amendment and Rezoning
Page 7
~-
The Future Land Use Map (FLUM) Amendment from LO (Low Oensity Residential 0-5
du/ac) to CF-C (Community Facilities - Church) for a 4.13 acres parcel of land and
rezoning from R-1-AA (Single Family Residenital) to CF (Community Facilities) for a
0.795 acre parcel of land located on the north side of NE 611t Street between NE Slit
Avenue and Palm Trail, is consistent with respect to Future Land Use Element Policy
A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LOR Section 3.1.1
(Required Findings), LOR Section 2.4.5(0)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan. The CF-C FLUM and CF zoning
designations are more appropriate given the subject property's existing uses associated
with the S1. Vincent's Ferrer Church, and will enable consistency with the balance of the
property.
.. .'''.. " '''1'_,. ", c', _., .. . '" .. .. .>"~ .'-" ,," _"":@.',.. "', ,.".." .. _,!,....." ..
A, Continue with direction.
B. Recommend to the City Commission approval of the FLUM Amendment and
Rezoning for the,subject property, based on positive findings with respect to
Fu~ur~Land Use Element Policy A-1,7 of the Comprehensive Plan (FLUM
Amendment Findings), LOR Section 2.4.5.(0)(5) (Rezoning Findings), LOR
Section 3.1.1 (Requir'ed Findings), and the Goals, Objectives, and Policies of the
Comprehensive Plan; or
.
C. Recommend to the City Commission denial of the FLUM Amendment and
Rezoning' based on a failure to make positive findings with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LOR Section 2.4.5(0)(5) (Rezoning Findings) and Section 3.1.1 (Required
Findings) ofthe Land Oevelopment Regulations, with the basis stated.
-~
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Recommend to the City Commission approval of the proposed FLUM Amendment from
LO (Low Oensity Residential 0-5 du/ac) to CF-C (Community Facilities - Church) for a
4.13 acre parcel of land and rezoning from R-1-AA (Single Family Residenital) to CF
(Community Facilities) for a 0.795 acre parcel of land, based on positive findings with
respect to Future Land Use Element Policy A-1,7 of the Comprehensive Plan (FLUM
Amendment Findings), LOR Section 3.1.1 (Required Findings), LOR Section 2.4,5(0)(5)
(Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive
Plan.
Report prepared by: Michelle Hovland, Senior Planner
Attachments:
. Proposed Future Land Use Map
. Zoning Map
. Survey
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MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # \ Q - REGULAR MEETING OF SEPTEMBER 23. 2003
ORDINANCE NO. 30-03 (AMENDING CHAPTER 51 "GARBAGE AND
TRASH")
DATE: SEP'fEMBER 19,2003
This ordinance is before Conimission for second reading and public hearing to amend Chapter 51
"Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges
Levied" in accordance with the awarded contract to Browning Ferris Industries, Inc. (BFI); garbage,
recycling, yard trash, bulkl:rash, and commercial container fees are being amended. Waste collection
charges are being increased by 2.2%. These rates go into effect October 1, 2003.
. .
At the first~eading on September 9, 2003, the City Commission passed Ordinance No. 30-03.
..
.'
Recommend approval of Orditi!lnce No. 30-03 on second and final reading.
&\Gry CIcrl<\'fl""da memos\.Otd J0.03Garl>af!elncreue.9.23.03
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # 12t... REGULAR MEETING OF SEPTEMBER 9. 2003
ORDINANCE NO. 30-03 (AMENDING CHAPTER 51 "GARBAGE AND
TRASH")
DA'TE: SEPTEMBER 5, 2003
This ordinance is befo~e the'City Commission to amend Chapter 51 "Garbage and Trash" of the
Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" in accordance with the
awarded contract to Browning Ferris Industries, Inc. (BFI); garbage, recycling. yard trash, bulk tIash,
and conunercial container fees are being amended. Waste collection charges are being increased by
2.2%. These rates go into ef~ect October 1, 2003.
Reconunemi approval of Ordinance No. 30-03 on first reading. If passed, a public hearing will be
scheduled for September 23, 2(1)3.
Ref-^8mernol4.0nl.30-03.Gasbofle I....... ~3
ORDINANCE NO. 30-03
AN ORDINANCE OF 1HE CIlY COMMISSION OF THE
CIlY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 51, "GARBAGE AND TRASH". OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.70, "REGULAR CHARGES
LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL
AND COMMERCIAL COllECTION SERVICE RATES FOR
FY 2004; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE,AND AN EFFECTIVE DATE.
. WHEREi\S, the City Commission finds it necessary and appropriate to increase the
collection mtes for sanitition services.
, NOW, THEREFORE, BE II ORDAINED BY THE CITY COMMISSION OF
THE CIlY OF DELRA Y BEACH, FLORIDA, AS FOllOWS:
.-
Section 1. Th~t Tide V, "Public Works", Chapter 51, "Garbage and Tmsh", Section
51.70, "Regular Charges Levied", of the Code of Ordinances of the City ofDelray Beach, Florida, is
hereby amended to read as follows:
Section 5170 REGULAR CHARGES LEVIED.
The "following service charges or fees are levied for collection service:
Charges for the below-described collection service shall be as follows and shall
commence when a certificate of occupancy is issued for any residential or commercial units, and
shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73:
(A) Residential Service (Single Family Homes, Duplexes, Triplexes,
Quadplexes and Mobile Homes)
Curbside Rollout Carts
Monthly Service Cost Per Unit
Garbage Collection $~m
Recycling M+ UQ
Yard Trash ~ 1.22
Total Fees - Contractor $ e.94 U7
Cart Replacement G,9G Q..2Q
Administrative Fee Qd5 ~
Franchise Fees (5%) ~ Q..ll
Total Fees $n52 ill
Rear-door Owner Container
Monthly Service Cost Per Unit
Garbage Collection $~ ~
Recycling - M+ UQ
Yard Trash -h88 il2
Total.Fees - Contractor $H-:88 1114
, Administrative Fee Qd5 ~
. ' 'Franchise Fee (5%) ~ M1
~ ~
Total Fees ," $Wla 1.UD
Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup
Monthly Service Cost Per Unit
Garbage/Trash Collection $ ~ J:ll
Recycling M+ UQ
Yard Trash -h88 il2
Total Fees - Contractor $&98 ~
Administrative Fee 0,35 0.35
Franchise Fee (5%) ~.ll.2!i
Total Fees $ ~ 5.8ll
(8) Multi-Family Service
Multiple-family dwelling units containing five (5) units or more shall use
containers emptied by mechanical means, except as otherwise approved by the City because of lack
of suitable space for a mechanical container or other good reason. Multiple-family monthly fees
shall be based on a per unit charge, These monthly rates assume two (2) pick ups per weck. If the
amount of refuse generated requires more than two (2) pick ups per week, then the third (3rd) and
2 Ordinance No. 30-03
all subsequent collections shall be charged by the Contractor at the commercial collection rate only.
Collection & Hauling Rate Per Unit
Monthly Service Monthly Cost Per Unit
Refuse Collection $i!.Q:; $~
Recycling G,86 ~
Total Per Unit Fee-Contractor $2,89 W
Administrative Fee ~ Q..U
"
Franchise Fee (5%) G:-14 ill
, . Total MonthlY Fees Per Unit ~ $~
. , ..
(C) Commercial Service
(1) Commercial customers shall use mechanical containers or rollout carts.
Commercial customers shall include all customers other than residential or multi-family customers.
Commercial customers may use any of the following containers for accumulation of refuse:
(a) Rollout carts. The City shall require any commercial customer needing
more than six (6). rollout carts to use mechanical containers, if feasible.
(b) Mechanical containers.
(2) The owners/operators of commercial establishments and other commercial
customers shall accumulate such refuse in those locations mutually agreed upon by the
owner/operator and the City or its contractor, and which are convenient for collection by the City
or its contractor.
(3) Containers emptied by mechanical means shall be provided by the City or its
contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer
and the City or its contractor, but not less than one day a week nor more than seven days a week.
(4) Commercial customers needing six (6) or less rollout carts, and those approved
for this type of service by the City in advance because they lack a suitable location for a mechanical
container shall be serviced at least once per week. All garbage and commercial trash shall be
collected from such refuse containers at locations agreed to between the City or its contractor and
the customer, The charge shall be based upon the following schedule:
3 Ordinance No. 30-03
Commercial Rates (Monthly)
Container Size Container Pickup Frequency (per Week)
2yd 1 2 3 4 5 6 7
.......................................................
Collection $I1.9ll $ ~ $~ $ 4;,99 $ 5+.99 $ e&% -+6,99
,~ ZMll .llll ~ .2Q.21 27.M IM8
Disposal l6.28 32,56 48.84 65.12 81.40 97.68 113.97
,
Container
Maintenahce'Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40
"
Total Contractor Fees $ 46,6B $ ~ $191.21 $128.51 $155.79 $18H)? ~
,~ :HM 101.97 129.48 157.ot 184.52 212.05
Franchise Fees (5%) ~ ~ &ll€i ~ +;+I) 9.,.t..6 ~
~ .uz ill MZ ~ W 1Q&Q
Total Pees ~ $~ $1416.39 $Y1.94 $16U8 $19a.:!:I :!:I9.BB
~ ~ 1I!1J!1 135.95 ~~ 222.65
3yd
Collection $~ $~ $49.49 $~ $82.49 $9&98 HM8
~ .llll ~ 27.M ~ 101.17 11M2
Disposal 24.42 48.84 73.26 97.68 122.11 146.53 170.95
Container
Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 21.44
4 Ordinance No. 30-03
Total Contractor Fees $ ~ $193,28 $111.19 $185.11 $2-26.91 $2(;6.95 ~
~ 104.ot ~ 186.56 227.85 269.14 310.41
Franchise Fees (5%) ~ &M ~ 9,;!6 H-:3G ~ +Y9
ill ~ 1..2Q 2J2 1U2 llM liS2
Total Pees $ 6M3 $19&44 $IU 19 U91.37 $2a741 $289.39 32a.2/i
~ ~ ~ 12M2 239.24 282.60 325.93
4yd
Collection ,$ 22:00 $ 4.l:99 $ 65,99 $ 8+:99 $199.98 $131.98 153.97
. ~ ~ .61M !!2.2l. 112.40 134,88 illJQ
Disposa1 . ....... 32,56 65.12 97.68 130.25 162.81 195.37 227,93
Container ,.
Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 22.21
Total Contractor Fees S +f,;R- $131.32 $185.88 i219.15 $295.99 $319.56 4G+.H
~ 132.29 187.33 242.39 297.42 352.46 407.50
Franchise Fees C;%) . ;.84- 6,5+- ~ ~~ -t+.48 ~
.2M M1 u:z .12J2 J.4,,[Z J..M2 2lUa
Total Pees $ 89M $1J7.89 U9S.17 $252.17 $.399.75 t]/i7.91 ~21.32
B1.ll JJB...2.!I 126.1l! 25M1 ~ 370.08 427.88
6yd
Collection $ ~ $ 65,99 $ 9&99 $131.98 $1(;1.97 $197.97 2.39.97
l11.2 .61M 101.17 134.88 168.61 202.33 ~
Disposal 48.84 97.68 146.53 195.37 244.21 293.05 341.90
Container
Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53 25.53
5 Ordinance No. 30-03
Total Contractor Fees $197.37 $189.29 $271.95 $352.88 $131.71 $516.55 598.19
108.10 190.65 ~ 355.78 438.35 520.94 603,48
Franchise Fees (5%) Y+- 9A6 ~ ++M iH-.+4 ~ ~
..2M ~ .llM lL12 21.22 ~ 30.17
Total Pees $112.71 $198.66 $281.69 $379.52 $1S6,1S $S12.:J8 g8.:J2
l!.lM 2IlllJa 286.89 373.57 460.27 546.96 633.65
8yd
Collection $ ~ $ 8+,99 $131.98 $175.97 $219.96 $263.96 397,95
44.96 ~ lli..88 179.84 224.80 269.77 lli.ll
Disposal 65.12 130.25 195.37 260.49 325.62 390.74 455.86
.
ContaineJ> - ..
Maintenance Fee ".,27.09 27.09 27,09 27.09 27.09 27.09 27.09
Total Contractor Fees $136.29 $215.:J3 US1.11 $163.55 $572.67 $681.79 +9Q,9Q
137.17 247.27 357.34 467.42 577.51 687.60 'J!lMl
Franchise Fees (5%) ~ ~ ~ ~ ~ M.G9 ~
~ .1UQ ~ 2UI ~ ~ ~
Total Pees $11Ul $JS7.69 $372.16 $186.73 $601.30 $715.88 8:J9.15
~ 259,63 ill.n 490.79 606.39 721.98 837.55
6 Ordinance No. 30-03
Commercial Front-Load Compacting Containers
1 2 3 4
2yd Collection ~
1U4
Disposal aQl!
Total Contractor Fee ~
1M2
Franchise Fee (5%) ;,l).t.
~
Total Fees ~
.182.55
3yd Collection SMA8
. , .. ~
'.,
,.
Disposal .' 183.19
Total Contractor. Fee 231.(;7
235.80
Franchise,Fee (5%) ~
11..12
Total Fees $216.19
247.59
5yd Collection ~ $128.69
!U.2 131.52
Disposal 152.62 457.91
Total Contractor Fees 195.51 586.69
196.45 589.43
Franchise Fees (5%) 9,+8 ~
M2 2M1
Total Fees $295.29 ~615.93
206.27 618.90
6yd Collection $295.88
210.41
Disposal 732.64
7 Ordinance No. 30-03
------------- -~_._-
Total Contractor Fees 938.52
943.05
Franchise Fees (5%) 16.93
ru2
Total Fees $985.15
990.20
Commercial/Multi-FamiIy Rolloft' Containers:
Open-top rolloff container
$9+.49 ~ per pickup plus disposal cost
Compactors
$9+.49 22..21 per pickup plus disposal cost;
. PLUS monthly container rental
. .'
15 Yard $250.00
20 Yard 295.00
30 Yard 345.00
4OXard' 395.00
Excludes commercial recycling containers and construction/demolition debris.
Commercial 95-GaIlon Cart Service
Pi~s
Per Week Collection Disposal COl)t<liner Monthl,y Chlll;gC Fr. Fees Total Fees
1 $~~ $ 8.14 $2.00 $ ~ 1.2Jl2 $ G.e4 OM $HA+~
2 Y9~ 16.28 2.00 ~~ -trt8 ill ~~
.1 &G8~ 24.42 2.00 ~ J.4&a ~lli ~ .1M1.
~ ~ .11J!Q 32.56 2.00 ~~ ~ 2.28 ~~
~ HA+~ 40.70 2.00 ~~ ~ 2Jl2 ~~
~ ~~ 48.84 2.00 &7,00 2L.Q2 ~ .ui. ~1QM
8 Ordinance No. 30-03
. .
NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is the
anticipated Solid Waste Authority tipping fee to be effective October 1, iWQi!~.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That this ordinance shall become effective on October 1, 2003.
PASSED AND-ADOPTED in regular session on second and final reading on this the
day of .2003.
. ,.
..
MAYOR
.'
ATTEST:
.
City Clerk
First Reading
Second Reading
9 Ordinance No. 30-03
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CITYMANAGER~
SUBJECT: AGENDA ITEM # \0 - REGULAR MEETING OF SEPTEMBER 23. 2003
ORDINANCE NO. 31-03 (AMENDING CHAPTER 53 "SANITARY
SEWERS")
DATE: SEP'fEMBER 19,2003
This ordinance is before; Cominission for second reading to amend Chapter 53 "Sanitary Sewers", of
the Code of Ordinances by modifying Section 53.130, "User Charges; Wholesale Sewer Rates;
Calculation of Sewer Surcharge" to provide for an increase of .09 cents per 1,000 gallons for
treatment costs. Ibis mcrease is from the South County Regional Wastewater Treatment and
Disposal Board (SCRWID). These new rates go into effect on October I, 2003.
At the firstTeading on Septemb~r 9, 2003, the Commission passed Ordinance No. 31-03.
"
Recommend approval ofOrdin!lllce No. 31-03 on second and final reading.
.
,
,
S,\City Cbk\agenda mcmos.Qrd 31.03.5ewerlncreue.9.23.03
----
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM # I~D - REGULAR MEETING OF SEPTEMBER 9. 2003
ORDINANCE NO. 31-03 (,AMENDING CHAPTER 53 "SANITARY
SEWERS")
DAlE: SEPTEMBER 5, 2003
This ordinance is before, Co111lnission for first-reading to amend Chapter 53 "Sanitary Sewers", of the
Code of Ordinances by modifying Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation
of Sewer Surcharge" to provide for an increase of .09 cents per 1,000 gallons for treatment costs.
This increase is from die South County Regional Wastewater Treatment and Disposal Board
(SCRWfD). . These new rat~s go into effect on October I, 2003.
Recommeml approval of Ordin~ce No. 31-03 on first reading.
c'
.
.
,
.
.
S:\City CIerk\agenda tttemo<.oro 3t.03.Sewerlnc:rease.9.9.03.doc
---..--
f411:
[IT'f DF DELRRY BER[H
CITY ATTORNEY'S OFFICE 200 NW ]st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090' FACSIM]LE 56]/278-4755
DELRA Y BEACH Wrile(s Direct Line: 561/243-7091
I I 0 . I 0 ~
td!tI:II
U.AmIrIca CiIJ
~UIE MEMORANDUM
DATE: August29,2003
TO: David Harden, City Manager
Dick Hasko, Director of Environmental Services
Joe Safford, Finance Director
Barbara Schooler, Utilities Customer Service Manager
FROM: Susan A. Ruby, City Attomey
SUBJECT: F.S. 180.136 - Notice Reauirements
"
v.
Fla, Stat. 180,136 provides: "Before the City increases any rate, charge or fee for
water or sewer. utility service, the utility must provide notice of the proposed
increase to each customer of the utility through the utility's billing process, The
notice shall state the date, time and place of the meeting of the governing board of
the local government at which the rate increase will be considered",
.
The notice requirement applies to the sewer rate increases per Ordinance 31-03
under consideration for first reading September 9, 2003.
~
-,,---.-- --------. --------
ORDINANCE NO. 31-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53,
"SANITARY SEWERS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER RATES;
CALCULATION OF SEWER SURCHARGE", SUBSECTION
53.130(0), TO PROVIDE FOR INCREASED RESIDENTIAL
AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY
2004; ,PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
-
WHEREAS, to provide for accurate accounting of services, the City Commission
desires to more accurately. reflect the payment for services provided for the rendition of sewer
serviceS' on a prorated basis. .
~ ... '
..
NOW, THEREFORE, BE II ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOllOWS:
Section 1. That Tide V, "Public Works", Chapter 53, "Sanitaty Sewers", Section
53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection
53.130(0), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(I)) The following rates and charges shall be collected from the users of the City
sewerage system:
(1) Residential dwelling units. A monthly sanitaty sewer service
charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to
which sanitaty sewage service is available through the facilities afforded by the municipally-owned
sewerage system, according to the following schedule:
Residential Inside City Outside City
(a) Capacity charge
(per residential
dwelling unit): 10.95 13.69
----
Residential Inside City Outside City
(b) Commodity charge
(based on metered
water with maximum
of 12,000 gallons): 1.33 1.66
(c) South Central
Regional Wastewater
'Treatment and
Disposal Board
(per 1,000 gallons) Q,+; 0.82 GM !Jll
NOTES: Where no water service is provided and the user is connected to the sanitary sewer
system, '~e c<?l):UIlodity charge shall be based on the maximum of 12,000 gallons. TIlls is in addition
to the capacity charges as set f~rth above.
Where no water service is provided and the user is not connected to the sanitary
sewer system, an~ sewek service is available for connection, there will be a capacity charge as set
forth above.
(2) Nonresidential/ commercial units. A monthly sanitary sewer
service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage
service is availaple through the facilities afforded by the municipally-owned sewerage system,
according to the following schedule:
Nonresidential/Commercial Inside City Outside City
(a) Capacity charge
(per meter):
3/4-inch meter $10.95 $ 13.69
1-inch meter 18.28 22.85
1-1/2 inch meter 36.42 45.53
2-inch meter 58.29 72.89
3-inch meter 127.62 159.53
4-inch meter 229.64 287,05
6-inch meter 510.37 637.96
2 ORD. NO. 31-03
8-inch meter 875.60 1.094.50
to-inch meter 1,386.41 1,733.01
(b) Commodity charge:
City (per 1,000
gallons) 1.33 1.66
(c) South Central
Regional Wastewater
, TreatInent and
Disposal Board
(per 1,000 gallons) ~ ~ G,9.l. l..m
NOTE (1): For those nonresidential/commercial units where water service is not available, and the
user is coimected to the sani~ sewer system or sewer service is available the capacity charge will be
set forth above. The commodity charge shall be based on the average usage for the type of business
or nonresidential use.
. (3) Sewerage flow determination. The number of gallons of monthly
sewerage flow for residential and nonresidential/commercial units shall be based upon the water
usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a
separate meter to ~easure the actual seWerage flow from the subject unit. A separate meter may be
used to measure' actual sewerage flow for the calculation of charges only when the location,
installation, and iype of meter have been approved by the City Manager or his designee.
(4) When effective. The initial rates for charges shall be effective the
first day of the month following the date when the system is constructed, certified for use by the
consulting engineer, and accepted by the City.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
3 ORD. NO. 31-03
Section 4. That this ordinance shall become effective on October 1, 2003.
PASSED AND ADOP'fED in regular session on second and final reading on this
the day of .2003.
MAYOR
A TrEST:
.
City Clerk
,
First Rea4inK .
Second Reading t.
."
.
4 ORD. NO. 31-03
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYMANAGER ~
SUBJECT: AGENDA ITEM # \t)~ - REGULAR MEETING OF SEPTEMBER 23. 2003
ORDINANCE NO. 35-03 (AMENDING CHAPTER 117)
DAIE: SEP'TEMBER 19, 2003
This ordinance is before Commission for second reading and public hearing amending Chapter 117,
"Landlord Permits", Section 117.02, "Permit Fees", of the City Code of Ordinances to increase the
landlord permit fee from $15.00 to $30.00.
The fee schedule CUttently in effect was adopted in 1994. The Landlord Permit Program has now
been implemented by other municipalities. City staff conducted a survey of the other cities and found
our fee to be substantially lower than most. The proposed $15.00 fee increase would generate
additional r,evepues in the estimated amount of $88,000. lbis will be used to implement a program of
landlord education and inspection of rental units.
At the first reading on September 9, 2003, the City Commission passed Ordinance No. 35-03.
Recommend approval of Ordinance No. 35-03 on second and final reading.
&\Gty CIerk\agenda memos\Ord.35.03.LandJord Pemtit F....9.23.03
--------
, ~
Memo
To: David Harden - City Manager
From: Lula Butler - Director, Community Improvement Iffi
Subject: Ordinance Amendinl! Chanter 117. Landlord Permits
Date: September 4, 2003
Item Before the Commission:
City Commission approval tp Ordinance 35-03 amending Chapter 117, Landlord Permits, Section
117.02 goveming permit fees of the Code of Ordinances of the City of Delray Beach. The
amendment proposes to increase the permit fee from $15.00 to $30.00, effective upon final adoption
of the ordinance.
Backl!round: ,
The City impi~mented the Landlord Permit Program in 1988. The program requires a permit for all
rental units located within thej\irisdiction of the City. The initial fee was established at $10 per unit
and increased to $15 in 1994.'The Landlord Permit Program has now been implemented by a nwnber
of municipalities. ~ we'surveyed these cities, we found that our $15 fee was substantially lower than
most. Therefore, it is recommended that our landlord permit fee be increased from $15 to $30,
effective with the 'adoption of this ordinance.
The additional revinue realized from this increase will be used to fund the newly-created, Residential
Rental Housing position for the 2003/04 fiscal year. This will allow us to implement an education
program designed assist landlords with the selection of tenants, maintaining their property and
econOtnically abating nuisances. In addition, we will be conducting random inspections of these
properties. The key goal of the program would insure that the City's stock of 6,000 residential units
meet our housing code requirements.
Our current revenue projection for fiscal year 2003 is $88,000. With the proposed increase in the fee,
the revenues for fiscal year 2004 are estimated at $176,800.
Recommendation:
Staff is recommending City Commission approval of Ordinance 35-03 amending Chapter 117,
Landlord Permits, Section 117.02 governing permit fees of the Code of Ordinances of the City of
Delray Beach, increasing the permit fee from $15.00 to $30.00, effective upon final adoption of the
ordinance.
/2f'
ORDINANCE NO. 35-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CIlY OF DELRA Y
BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS",
OF THE CODE OF ORDINANCES OF THE CIlY OF DELRA Y BEACH,
FLORIDA, BY AMENDING SECTION 117.02, "PERMIT FEES", TO
PROVIDE FOR AN INCREASE IN THE FEES CHARGED AND
CLARIFYING THAT THE FEES ARE NOT PRORATED; AMENDING
SECTION 117.04, "APPEALS" TO CLARIFY THAT NOTICE SHALL BE
WRITTEN; AMENDING SECTION 117.05, "INSPECTIONS", TO CLARIFY
THAT UNITS MUST COMPLY WITH All. CIlY CODES; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECfIVE DATE.
WHEREAS, 'the City Commission has determined that by increasing the fee of the Landlord
permit and . clarifying the notice and inspection provisions the health, safety and welfare of the
residents of Delray Beach is hereby promoted.
..
,.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CIlY OF DELRA Y BEACH; FLORIDA, AS FOLLOWS:
Section t. That Chapter 117, "Landlord Permits", Section 117.02, "Permit Fees", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
.
Sec. 117.02 PERMIT FEES.
Applications for a landlord permit shall be available through the Community Improvement
Department. The annual permit fee shall be afteen E1e!l.trs ($15.Q~ thiqy dollars 530.00 per unit.
Such permit shall be for one year from the date of issue on November 1 of each year. This fee shall
not be prorated.
Section 2. That Chapter 117, "Landlord Permits", Section 117.04, "Appeals", of the
Code of Ordinances of the City of De!ray Beach, Florida, be and the same is hereby amended to
read as follows:
Sec. 117.04 APPEALS.
Appeals of a denial of a landlord permit shall be made to the Permit Review Committee
which shall consist of the City Manager, the Community Development Coordinator and the
Planning and Zoning Director or their respective designees. The City Attorney's Office shall act as
counsel to the Permit Review Committee. Requests for appeal must be made in writing and
.
.
received by the Chief Building Official within thirty (30) days of formal written notice of denial, with
the date of the notice of denial being the first day. Decisions of the Permit Review Committee may
be appealed to the City Commission, whose decision shall be final subject to any appeal of such
decision to the circuit court.
Section 3. That Chapter 117, "Landlord Permits", Section 117.05, "Inspections", of the
Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
Section 117.05 INSPECTIONS.
The Chief Building Official or hisLhl:r designee may inspect all rental units or units which are
reasonably suspected to be rental uni~ for compliance with tftis eecl!6ft all 'lPplicable City codes at
reasonable hours with the permission of the owner, agent or tenant. 1J\q.,ere l'el'llli~si6ft t6 mSl'eet
the 13rem1at.a i3 de.mea te the. ,C~ ef 'W bere filets ABa etret1:1l13HlaeeS rf.AJ8fiMl) jtl:Jtif, the e.e.eeSMt)
fef aft iBapeetlSfl, 1:he Ci~ 3'haR ftlflke. Aft effa1't te seetin Aft iBtif'eetlS8 ~ ftftafit aaB 3kall eSH.ciHet t:he
inspeet..l68 as'reqtHrea 6Y IrA.
\'
Section 4. 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 Paft declared to be invalid.
Section 5.. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby rep-e'aled.
.
Section 6. That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of .2003.
ArrEST: MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO, 35-03
Memorandum
TO: Brian Shutt, Assistant City Attorney
THRU: Lula Butler, Community l1~ment Director
FROM: Richard Bauer, Code Enforcement Administrator
SUBJECT: REVISIONS TO CODE OF ORDINANCES CHAPTER 117,
LANDLORD PERMITS
DATE: August 12, 2003
The City Manager received approval from the City Commission to increase the Landlord
. Permit fee tei $30 (from $15).
To enact the fee change to $30, Chapter 117 of the Code of Ordinances will require
modification. Attached please find a copy of Chapter 117 with the fee and several other
prop~se<t changes. Briefly, the changes proposed are:
'.,
Section 11'7.02: Change fee to $30.
.'
/' . &. Section 117.03: Change "Chief Building Official" to "Code
- ~ Enforcement Administrator." The Code Enforcement Division processes
~ V" ~' and receives all Landlord Permit applications and does all data entry
b?f ~ ~)flthereto.
~~ t! ~ ~Cti~~ 1 ~ 7.~ ADDeals: Insert the word "written" in line 7 before the
~ VfO J::. word notice.
~ 11 tP'i- - 1-..1 Section 117.05: Change "Chief Building Official" to "Code
~ ~ . tRl' Enforcement Administrator." Change "this section" in line 3 to "all
t/ ~ ~pplicable City codes." We will be preparing to commence a Residential
V jJ'; ~ Rental Housing Inspection program funded by receipts from Landlord
~ i { ( %" ~ Permits. The inspection program will be under Code Enforcement not the
~p vJ. <J <-jtv tb I Building Official and will encompass compliance to all applicable codes
-fJ~' L. ~ (j not just those noted or mentioned in Chapter 117.
~/I/" Also, our policy has been not to prorate Landlord Permit fees. Is this clear in the
if v-il ",,1; ordinance or would you recommend wording enhancements?
i< . Your help in preparing a new ordinance to reflect the above changes is appreciated.
RB:mh RECEIVED
AUG 1 5 2003
CITY }[TORNEY
~ . Chapter 117
Section 117.01
~~PTER 117: LA~:"LOlU) PERMITS
Section _ ';. _. __
, ,
117.01 Permit required
117.02 Permit fee.
117.03 Approval of application
117.04 Appeal.
117.05 In.pection.
117. 99 Penalty
Section 117.01 PERMIT REOUIRED.
(A) No per.on, company or other entity who lease. or offerl
for lease any re.idential unit. within the City may enter into
any arrangement, written or otherwi.., which constitute I a lease
of property_ which il uled for residential purpo.el, unle.. a
landlord permit i. obtained or inexiltence for the rental units.
All oral rental arrangement. Ihall be .I.ncludedwithin the scope
of thil lection, but the operation of a hotel .hall not (any
building whiCh fit. the definition of hotel but aleo fit. the
definition of another ule which require. a landlord permit Ihall
be interpreted to require a landlord permit).
(I) A .eparate permit .hall be required for each rental
unit. However, ~where a building contain. a number of rental
unit. under the.ame owner, or where a number of different owners
in one building authorize the same person or company to act as
their agent for the purpo.e. of applying fora permit, a .ingle
permit may be obtained for all qualifying units within. single
building which are under the .ame owner or agent, provided that
the permit,~ee i. paid for each individual unit. Nothing in this
.ection .hall require a permit for any unit enrolled in federal
hou.ing programs or under Federal Housing and Urban Development
general .upervi.ion.
(Ord. No.. 80-87, pa..ed 10/13/87; Am. Ord. No. 81-94, pasled
10/18/94)
Penalty, .ee Sec, 117.99
,
d!fCtion 117.02 PERMIT FEES.~
-
Application. for a landlord permit .hall be available
through the Communiiy_tmprovement Department. The annual permit
fee shall be $.tlI*1iIJiIlP unit;, Sl'ch permit shall be for one year
from the date of iuue on Nort",ie" 1 of each year. ~ ~~\.... r.c.",o ,~
(Ord. No. 80-87, passed 10/13/87; Am. Ord. No. 140-88, passed~ ~~
11/8/88; Am. Ord. No. 58-89, pa.led 9/26/89; Am. Ord. No. 65-91, ~
pa..ed 9/24/91j Am. Ord. No. 81-94, pas.ed 10/18/94) .'
XI.76[l
~ J. ~o;_
~.1.>~ \<:r
.^ . \.
" " Section 117.05
.
MbJ
he ~~ or inlpect all
rental unitl or unitl which are realona ly lu.pected to be rental
unit. for compliance with~ t reasonable houri with
the permislion of the owner, agent or tenant. Where permillion
to inspect the premi.es il denied to the city or where factI and
.circumstancel realonably jUltify the'necel8ity for an inlpection,
fthe Ci"ty Ihall make an effort to obtain a,n inlpection warrant and
-; Ihall conduct the inspection as required by law.
. lOrd. No. 80-87, palled 10/13/87; Am. Ord. No. 81-94, palled
10/18/94)
Section 117.99 PENALTY.
. Should any perlon or entity required to obtain a landlord
permit under, Sec. 117.01 not file an application for luch
~andlord permit within thirty (30) day. of acquirinq interest in
any qualifyinq property, or renew luch permit within lixty (60)
daYI of the .annual renewal date, the permit fee. Ihall be
tripled.
(Ord.'No.' 80-87,' paned 10/13/87; Am. Ord. No. 81-94, palled
10/1~J~4) . .
'.,
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,^
,
,
'I
XI.78
~
[ITY DF DELRRY BER[H
CITY ATTORflEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243.7090. FACSIMILE 561/278-4755
Write(s Direcl Line: 561/243-7091
DELRA Y BEACH
f 1 0 . , D ...
Dad MEMORANDUM
AIoAmIrIcI City
~nIEDATE: September 11, 2003
TO: City Commission
David Harden, City Manager
~~
FROM: Brian Shutt, Assistant City Attomey
-
SUBJECT: Resolution 66-03 (Sale of Prooerlv to the Roofs)
R.esolution No. 66-{)3 authorizes the City to sell property located on the comer of
Wallace Drive and S.W. 10th Avenue, Delray Beach to J. David Roof, William H.
Roof and Linda M. Roof for the purchase price of $10,000.00. Incorporated within
the resolution are the terms and conditions of the Contract for Sale and Purchase.
Please place this item on the September 23, 2003 City Commission agenda.
Please call if you have any questions.
RBS:smk .
Attachments
cc: Barbara Garito, City Clerk
\0\\
, ~
. . ( (
,
RESOLUTION NO. 66-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN
REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS
DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING
THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE
SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF
DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delraj' Beach, Florida, wishes to sell certain property located at the
comer of Wallace Drive and S.W. 10 Avenue; and
WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from
the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Defray Beach, Florida, to sell said property.
-.
NOW, THEREFORE, BE 'IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby
agrees to sell toJ. David Roof, William H. Roof and Linda M. Roof, as Buyers, for the purchase price
of Ten Thousand Dollars and 00/100 cents ($10,000.00), said property being more particular
, described as follows:
See Exhibit "A"
Section 2. That the tenns and conditions contained in the contract for sale and purchase and
addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are
incorporated herein as Exhibit "B".
PASSED AND ADOPTED in regular session on the day of ,2003.
ATTEST: MAYOR
City Clerk
-----
.
. ~. SKETCH OF DESCRPnON
EXH8JT -A-
F:::! SI-EET 1 OF 2
~ NE. CORIER OF LOT- EASTER!. Y PRaECTKJN
h 4 AM) pa.JT OF OF NORTH LIE OF LOT 4
\.. EEGtI#IG fq? N.~'17"E. I
~ PARCEL. '" 43.88'
~ 72.95' ~
NORTH LIE t lti ~
OF~4 ~~~ I
~ ~ ~~ I
~ i I
~ ~
~
Q
.. ~ ~ '.
. ~~ ~
. , C =:! Q
li1~ ~
I-. tIS
~ ~
<t)
~
~
I
SB9'S7'48"w. ~ -i~
Nf/'1lt.'!{W rJ/J R. -- 25.00'
.._ 'itA 78' t::- -21~~=
......... - ~. R. - 110.00'
CA - 8"06:53" ~ - -
R. - 110.00' '\ V E
~~TCS:
/V~ THS IS NOT A SLRVEY
~ CA - CENTRAL ANGLE OA TE: AUGUST 14, 200.1
~ R. - RADIJS D'SREN, SlITER .t D'SREN, NO
~ - CENT'ERUE CERTIFICA TE OF AUTHORIZA T10N #LB.J5.J
t: SURVEYOR A^" MAPPER IN RESP'ONSBLE
TIE EAST LIE OF LOTS 4lt 5 f:'fffO:r~~/tER~WA Y
IS ASS'lJIEZ) TO BEAR N.22"2176"E. DaRA Y BEACH FLORIDA .1.148.1
ORDER NO. 01-42"RW" R/W - RIGHT OF WA Y (561) 276-4501 (561) 7.12-3279
EXIIIBIT "Ar
~
. .
~
SKETCH OF DESCRIPTION
EXH8JT -A-
S1EET2fF2
tZSCRPTXJN PARCCl... -A ':
THAT PORTXJN OF TIE EAST HALF rr~) fF TIE 80 FOOT ROAD RCHT fF WAY
FOR GERMANTOWN ROAD L YNG EAS LOTS 4 AID ~ ESf:J(H ~
. ACCORDN:; TO TIE PLA T T1-EREfF AS RECORf)U) N PLA T BOa< 2J PA(E 4J
Pf.B.JC RECORDS OF PALM EEAa-I COI..NTY. F'LORDA, 0CSa?EiED AS FCUOWS:
COI.I.ENCNG AT T1E NORT1EAST CORJER fF SAD LOT 4: 'T1Ela N.~77"E:..
ALONG TIE EASTER/.. Y PRO.ECTXJN fF T1E NORTH LIE fF SAD LOT 4, A DISTANCE
fF 43.88 FEET TO T1E PONT fF BEGMfJG; TfENCE: CCMNE N.88-0577"E:.. ALONG
SAD EASTER/.. Y PRO.ECTXJN fF T1E NORTH LIE CF SAD LOT 4, A DISTANCE CF
29.07 FEET TO A PONT ON T1E WEST RCHT CF WAY LIE FOR s:w. 70TH AV9U'
AS NOW LAD OUT AID N USE; T1ENCE S:O"0272t ALONG SAD WEST RCHT CF
WAY LIE. A DISTANCE CF 35.43 FEET TO T1E l'ilt/'Ol;.CTXJN WfTH T1E EAST RCHT
CF WA Y LIE CF T1E AEJ.41.IXN)ED 80 FOOT RCHT fF WA Y FOR GERMANTOWN ROAD:
T1ENCE 5.22~776"W. ALONG T1E EAST RCHT fF WA Y LIE fF SAD GERJ.ENTOWN
ROAD, A DISTANCE CF 1J2.59 FEET TO A PONT ON T1E NORTH RCHT CF WAY LIE
CF WALLACl' DRIVE AS NOW LAD OUT AID N USE; T1ENCE S:89"57'48"W. ALONG
SAD NORTH RIGHT CF WAY LIE. A DISTANCE CF 2.55 FEET TO A PONT CF
GtRVATlE CF A GtRVE CONCAVE TO T1E SOIJT1EAST HAII1C A CENTRAL ANGLE . ,
CF 23"55'29- AID A RADI.JS CF T70.00 FEET: T1ENCE saJTHWEST ALONG T1E
ARC CF SAD CLRVf; A DISTANCE CF 45.93 FEET TO A PONT ON T1E WEST LIE
CF. T1E EAST HALF CF TIE ABAI>lJOfED 80 FOOT RIGHT CF WA Y FOR SAD
GERMANTOWN ROAD: T1ENCE N.22~rt6t ALONG SAD WEST LIE CF EAST HALF OF
80 FOOT RCHT CF WA Y. A DISTANCE CF 180.06 FEET TO TIE PONT OF BEGNoN1
lESCRPTXJN PARCCl... '2r:
THA T PORTXJN fF LOTS 12 AID IX ESf:J(H ~ ACCf:JIDIG TO TIE PLA T
T1EREOF AS RECORDED N PLA T BOOK 2J PA(E 4J Pf.B.JC RECORDS CF PALM EEAa-I
COI..NTY. F'LORDA. fESCRBED AS FCUOWS: .
COI.I.ENCNG 'A T TIE NORT1EAST CORJER CF LOT 4 fF SAD ESQtH ~ T1ENCE
N.88-05'17"E., ALONG TIE EASTER/.. Y PRO.ECTXJN CF TIE NORTH LIE CF SAD LOT 4, A
DISTANCE OF 72.95 FEET TO A PONT ON TIE WEST RIGHT OF WAY LIE OF s:w. 70TH AVfME
AS NO'H. LAI2 O!JT AM} N USE; , T1ENCE.. SD"0272t ALDNC. SAD ,I+6T RQ{f' fF W~ Y LIE. A
DlSTANCl' CF 35.43 FEET TO TIE l'iltJQl;.CTXJN OF TIE EAST RIGHT CF WAY LIE CF
GERMANTOWN ROAD AS SHOWN ON SAD PLA T CF ESf:J(H SUDV1SION AID TIE PONT CF
BEGN#JG; 'T1Ela CONTN.E S:O"0272t ALONG SAD WEST RCHT CF WA Y LIE fF SAD
s:w. 70TH AVEJU; A DISTANCE CF 97.56 FEET TO A PONT ON A CLRVECO\CAVE TO TIE
NORTHWEST HA II1C A COITRAL ANGLE OF 9OW'OO- AID A RAlXJS OF 25.00 FEET: T1ENCE
SOUTHWEST. ALONG TIE ARC CF SAD CLRVf; A DISTANCE fF 39.27 FEET TO A PONT ON
TIE NORTH RCHT CF WA Y LIE CF WALLACl' DR1VE AS NOW LAD OUT AID N USE; T1ENCE
5.89"57'48"W. ALONG SAD NORTH RIGHT OF WA Y LIE. A DISTANCE CF 25.49 FEET TO A
PONT ON TIE EAST RCHT CF WA Y LIE CF SAD GERMANTOWN ROAD AID A PONT ON TIE
WEST LIE OF SAD LOT U T1ENCE N.22"2rt6t ALONG TIE WEST LIE OF SAD LOTS 12
AID tJ AID ALONG TIE EAST RCHT CF WA Y LIE OF SAD GERMANTOWN ROAa A DISTANCE
OF 1J2.59 FEET TO TIE PONT CF BEGNoN1
, .,
g.lQ yIP' O'BREN. SlITER . O'BRIEN, NC
CERTFlCA TE OF AUTHORIZA ~5J
SLfi'VE'YOR AND MAPPER N E
i4U, D. ENGLE CHARGE: PAIA. D. ENGLE
Sl.RVEYOR AID MAPPER /5708 2607 NORTH FEDeRAL IfGHWA Y
DA TE: AUGUST H, 2003 DEl.~A Y BEACH FLOIWA JJ483
CJRf:JCR NO. 01-42"RW" (567 276-4507 (567) 732-3279
--
.
..
.
CONTRAcr FQJl SALE ~....Pl!RCHASE
CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W.
lit Avenue, Deny Beach, FL 33444 (phone: 561-243-7(00) and J. DAVID ROOF, WILLIAM
H. ROOF and LINDA M. ROOF, (Buyers), of
hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property")
upon the following terms and conditions:
1. DESCRIPTION: See Exlubit "A"
2. PURCHASE PRICE. . . . . . . . . . . . . . . .US $10,000.00
3, TIME FOR ACCEPTANCE; EFFECI'IVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties prior to such offer being withdrawn by the first party signing. the deposit(s),
if any, will, at Buyer's option, be returned and this offer withdrawn. The date of tbis Contract
("Effective Date") will be the date when the last one of the Buyer and the Seller has signed tbis
offer or the date the City Commission of the City of Deny Beach approves tbis Contract. A
facsimile Copy of this Contract and any signature thereon shall be considered for all purposes as
originals.-
..
4. TITLE EVIDENCE: If Buyer chooses to obtain a title insurance commitment, Buyer
shall do so at least 7 days before the closing date.
5. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivenld following the expiration of the feasibility study period as provided for in
Paragraph L, unless extended by other provisions of the Contract.
. .'
6. RESTRIcrJONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning. restrictions, prolubitions and other requirements imposed
by governmental authority; restrictions and matters appearing on the plat or otherwise common
to the subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ~ feet in
width as to the side lines, unless otherwise specified herein); taxes for year of closing and
subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that
there exists at closing no violation of the foregoing.
7. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller.
Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated
herein. If occupancy is to be delivered before closing. Buyer assumes all risk of loss to Property
from date of occupancy, shall be respol1S1ble and liable for main~ from that date, and sha1l
be deemed to have accepted Property in its existing condition as of time of taking occupancy
unless otherwise stated herein.
ElJlIBIT ...
, .
\
8. TYPEWRlTI'EN OR HANDWRlTI'EN PROVISIONS: Typewritten or handwritten
provisions shall con1ro1 all printed provisions of this Contract in conflict with them.
9. ASSIGNABILITY: Buyer may assign Contract.
10. DISCLOSURES: Radon is a naturally occurring radioactive gas that, when accumulated
in a building in sufficient quantities, may present health risks to persons who arc exposed to it
over time. Levels of radon that exceed federal and state guidelines have been found in buildings
in Florida. Additional infOl1Il8ti.on regarding Radon or Radon testing may be obtained from your
County Public Health Unit.
STANDARDS FOR. REAL ESTATB TRANSACTIONS
A. Rwld~nee 01 TItle: A title iDsunmce commi1mmlt issued by a Florida 1;eensec! title iDsmer
agreeiDg to iame to Buyer, lIJlO1I IeCordiDg of the deed to Buyer, an oWlle1"s policy of title iDsunmce in the amount of
the purchase price, insuring Buya'1 title to real plo_1); subject cm1y to 1iens, eucumbrances, exceptions or
qUalification set forth in Ibis ConInct and those which sba11 be discharged by Seller at or before closing. Seller sba11
convey a marketable title subject ollly to 1ie1II, eucumbrances, exceptions or qualifications set forth in Ibis ConInct
and those which sba11 be discharged by Seller at or before closing. Marketable title sba11 be detenniDed according to
applicable tide ltandsrds adopted by authority of The Florida Bar and in accordance with Jaw. Buyer sba11 have S
days from the da1eof receiving a title commi1mmlt to exsmiDe it If title is f'ouud defective, Buyer sba11, within S
days thereafter, notify Seller in writing specifying det'ec1(I). If the defect(l) reDder title IIlID1a1'ketabIe, Seller will
have thirtY (36) days from receipt Df IIOtice within which to mnove the defect(s), failing which Buyer sba11 have the
option of either accepting the title u it then is or d.....ndn,g a re1imd of deposit(s) paid which sba11 immediately be
returned to Buyer; thereupon B]lyer and Seller sba11 release one another of all further obligations under the
agreement Seller will, if title is found 1IIIDIaIketable, use diligent effort to COI'!eCt det'ec1(s) in title within the time
provided therefor, including the bringing of necessll}' suits.
B. IlIa!r. Buyer, at Buya'1 "'T"'lle, within time allowed to deliver evidence of title and to
""'....m. 1IlI1IIe, may have Real Property smveyed and certified by a registered F10rida surveyor. If the survey
discloses -,,~ on Real Property or that improvements 10cated thereon encroach on setback lines,
easements. Jands of others, or violate any restrictions, ConInct covenants or appJicabIe governmental regulation, the
same sba11 constitu1e a title defect.
C. IB-_ ._d~: SeDer "'.iI-A. l...t'&~ that there is iDaress and egress to 1be
Real Property sufficient for the m-.led use u described in Paragraph 6, hereot; title to which is in accordance with
S1BDdsrd A.
D. ,_.....lly reserved.
B. 1Jua: Seller sba1l tiunish to Buyer at time of closing an sftidavit attesting to the
~ un1ess otherwise provided for herein, of any financing stalP.m.nis. claims of lien or po<entiallienors known
to Seller and further attesting !bat there have been 110 improvements or repairs to Jl!OJ-ty for ninety (90) days
""""'dia1ely preceding date of closing. If pI~ bas been improved, or repaired within !bat time, Seller sba11
deliver releases or waivers of """"hon.;es' liens executed by all general c:ontrsctors, subconlractors, suppliers, and
materialmen in addition to Seller's lien sftidavit setting forth the names of all such generaJ contrsctors, subcon-
1ractors, suppliers and materialmen and further sffinning !bat all charges for improvements or repairs which could
serve u a buis for a ......h.,,;..s line or a claim for damages have been paid or will be paid at closing of Ibis
Contrsct
F. P1__ of c.TMI_: Closing sba1l be held in the county where !be Real Property is located,
at the o1lice of the attorney or other c10sing agent dMigJ>-No(I by Seller,
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o. IimI: In computiDg time pcrioda of 1eaa 1ban six (6) days, Saturdays, Suadays IDd state
or national legal holidays sbaII be excluded. Any time pcrioda provided for bmein which sbaII end on Saturday,
Sunday or a legal holiday sbaII extend to 5:00 p.m of the DeXt business day. Time ia of the eueoce in this Conlnct.
H. n...,u.....n.. for C'I....n..: SeDer sbaII fbmiah deed, bill of we, """,I..,nc's lien aflidavit,
"';g,mvmta of Ieaaea, IeIIIIDt 8lId mortgagee eatoppelletten SDd couective iDstruments. Buyer abaII fbmiah c10aiDg
a1a1eme1lt, mor1gage, mortgage DOte, security &g1eement, &Dd fiDaDciaI...-.....
I. 1r.~n_: Documentary ataqlI on the deed &Dd recording cmrective iDatrumenta sbaII
be paid by Buyer.
1. T_'W'..: ...-.......n.: R'nW!n...~ Taus, ...-- SDd ""P"J8eI relative to the
prop.."'rty sbaII be paid 1hrough the date of cloaiDg. In tbe eveat an intaim tax bill ia DOt available u of the closing
the seller sbaII escrow adequate 1imda for the payment of such taxes baaed upon the cloaiDg agenIB estimate.
K. ~.I"'- .......t '.1....., Certified, ccm1iImed &Dd ratified apecia\ us--tont1ieaa u
ofdate ofc1osing (IDdnot u of.E1l'ec:tive Date) llJe to be paid by SeDer. PendiDg 1ieaa u of date ofc1oaiDg sbaII be
assumed by Buyer, If the m.>rovemeot baa been aubstantia11y completed u of Eft'ective Date, such peDdiDg lien
abaII be considered u certified, confinDed or ratified &Dd Seller sba11, at c1oaiDg, be charged an amount cqua1 to the
Iut estimate of aSI--..m for the m.>rovC!DCDt by the public body.
L P.......tbUitv do,IIM: The Buyer sbaII have sixty (60) buaineu days following the
Eft'ective Date of this Contract. wi1hin which to conduct any &Dd all feuibility studies 8lId determinations relative to
the suitability for !be acquisition of !be subject property by tbe Buyer &Dd tbe Buyer reserves !be express right to
terminate 'this 'Contract at any li1!Ie duriDg said period for any reason or 110 reason, in Buyer's sole diacretion,
whereupon Buyer shaI1 receive a fW1 refund of all deposit monies paid hereunder, Buyer sbaII be granted reasonable
access to tile premises to c~ such feuibility studies &Dd de1mminationa, includiDg environme4lal assays, core
d:ri1IiDg, surveYS. soil sampling &Dd other such testing.
M. RIsk of' ...... If the JI1OJ-ly ia damaged by fire or other casua\ty before closing &Dd COlt
of restoration doeanot exceed 3% of the ',seased velt.stiOll of the Property so damaged, COlt of restoration shaI1 be
an obligation of !be Seller and closing abaII proceed purawmt to the le1ma of !be Contract with restoration costs
escrowed at cloaiDg. If !be cost of the restoration exceeds three pen:ent (3%) of the assessed valuation of tbe
improVemenla so clamiged, Buyer sbaII have the option of either 1aldng property IS ia, together with either the three
percent (3%) or any insurance proceeds paysble by virtue of such Ioaa or damage, or of canceling the agreemenllDd
receiving retum of depoait(s).
N. Eserow: Any escrow agent ("Agent") receiviDg tlmda or equiva\ent ia authorized &Dd
agrees by acceplance of them to deposit them proqlt\y, hold same in escrow and, subject to clearance, disburse them
in accordance with le1ma &Dd conditions of this Contract. Failure of clearance of 1imda sbaIllIOt excuse Buyer's
perfOIlDllDCe. If in doubt u to Age:nt's duties or liabilities UIIder the proviaiona of this ConIract, Agent may, at
Ajent's option, cnntim... to hold the subject matter of tile escrow unti1 the parties muluaI1y agree to its diabunement,
or unti1 a judgment of a court of COIlIpekut jurisdiction shaI1 detenniDe the righ1s of !be parties or Agent may deposit
with the clerk of !be circuit court having juriadiction of tbe dispute, Upon IIOtifYiDg all parties concemed of such
action, all Iiabi1ity on !be part of Agent sbaII tWIy lmIIiDate, except to the _ of accounting for any items
previously delivered out of escrow. If a licensed real estate broker, Agent wiD comply with provisions of Chapter
475, F.8., IS .........I.od. Any suit between Buyer and Seller where Agent ia made a party because of acting u Agent
bereunder, or in any suit wherein Agent intetpleada the subject matter of the escrow. Agent shaI1 recover reasonable
attorney's fees &Dd costa incurred with the fees and costs to be charged &Dd assesled IS court costs in favor of tile
prevai1ing party. Parties agree that Agent sbaIllIOt be liable to any party or person for misdelivery to Buyer or Seller
of items subject to this escrow, unless such misdelivery ia due to wi1\fu\ breach of contract or gross negligence of
Agent.
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0, Failure 01 PerI_.noee: If Buyer fiIiIs to petfu.... tbis CoIIIract wilhin the time specified
(including payment 01 all deposit(s)), the deposit(s) paid by Buyer may be retaiDecI by or for the IICCOUlIt of Seller IS
agreed upon liquidated damages, rnntrib.ration for the execution of tbis CoIIIract and in filii settlement of any claims:
whereupon, Buyer and Seller sbaIl be relieved of all obligations UDder Contract; or Seller, at Se1ler's option, may
proceed in equity to eaforce Se1ler's righIs UDder tbis Contract. If; for any reason other !ban fiIilure of Seller to make
Se1ler's title marketable after diligeDl effort, Seller fails, neglects or refuses to I""C",... tbis Contract, the Buyer may
_k specific perfOl'llllllCe or elect to receive the return of Buym's deposit(s) without thereby waiving any lCtlon for
damages resultiog 1iom Seller's breach.
P. CODtraet Not lI.....nt.hl.: PersoDS &nnd: Nodce: Neither tbis Contract DOl any
DOtice of it sbaIl be recorded in any public records. This CoIIIract sbaIl bind and enure to the benefit of the parties
and their sw:cesson in interest. WbmIever the context permits, singu1ar sbaIl include p1ma1and ODe gender sbaIl
include all Notice given by or to the attorDey for any party sbaIl be IS effective IS if given by or 10 1hat party.
Q. CODV.....nr~: Seller sbaIl convey title to Rea1 Property by quit claim deed, subject only
to matters CODtlIiDecI in Paragraph 6 and Ibose otherwise accepted by Buyer. PersoDl1 Property sbaIl, at request of
Buyer, be ttaDsferted by an absolute bill of sale with warranty of title, subject only to such matters IS may be
otherwise provided for haein.
R.. Other A.-........: No prior or present agrecmeDts or represeuIatioas sbaIl be biDding
upon Buyer or Seller unless included in tbis Contract. No mnd;fir",tion or change in tbis CoIIIract sbaIl be VIIid or
binding upon the partieS unless in writing and executed by the party or parties iDten<led to be boUDd by it.
,
S. Wan'aDtIoo: Seller wmuds 1hat there De DO fiIclB blown to Seller materially aft'ec:ting
the value ofthe' Property which De, DOt readi1y observable by Buyer or which have DOt been disclosed 10 Buyer.
BUYER.: City of Dekay Beach
By:
IefrPcrlman, Mayor
ATTEST:
.
By:
City Clerk By:
Approved as to Form:
By:
CityAttomey
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instnunent was acknowledged before me this ....2.. day of .!It.t r .
200~ by J. DA VI>> ROOF who is personally known to me or who has produced
(type of identification) as i~~~ \
P.A.1CIJAIllEII ~~r...J
yy eallSlON. cc..
EXPtIIES: IlIId1 II, m
-""'--- -4-
'" " '. .
,. \~,
. .. ...
Signature of Notary Public-
State of Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this i day of .!~ /.\/ .
,
2oo~ by WILLIAM H. ROOF who is personally known to me or who has produced
(type of identification) as identification.
P.~m&R U ~~
lIY~'1lSSIOIUCC_. .
EXPIRES:_'8,m Signature of Notary blie-
.....1Iw...., NlID.........
State of Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
" The foregoing instruInent was acknowledged before me this i day of J ~r .
2002 by LINDA M. ROOF who is personally known to me or who has produced
(type of identification) as id~
' . ~~~
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P. ~ ICUIIIGER
lIY"'lI'~USSllol'CC_ Signature of Notary lie-
ElCPlRES:_'8,m .
_llw___ State ofFlonda
,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CIlY MANAGER wv1
SUBJECT: AGENDA ITEM # \~- REGULAR MEETING OF SEPTEMBER 23. 2003
ORDINANCE NO. 36-03 (AMENDING CHAPTER 35. "EMPLOYEE
POLICIES AND BENEFITS")
DATE: SEP11E~ER19,2003
lbis ordinance, is before Commission for second reading and public hearing amending Chapter 35,
"Employee Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to
increase the contribution requirement for general employees from zero to 2% of their basic
compensation.
At the first reaemg on September 9, 2003, the City Commission passed Ordinance No. 36-03.
Recommend approval of Ordinance No. 36-03 on second and final reading.
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S:\Gty CIcrk\ogenda metTt06\0rtI36-03.EmpIoyce Conlibutions.9.23.03
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[ITY DF DElRRY BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090' FACSIMILE 561/278-4755
DELRA Y BEACH . Write(s Direct Une: 561/243-7091
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U.AmIrIcI CIty
~nl'! MEMORANDUM
DATE: August29,2003
TO: City Commission
David Harden, City Manager
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FROM: Susan A. Ruby, City Attomey
SUBJECT: Ordinance No. 36-03 - Revisions to General Emolovee Pension Plan
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Ordinance No. 36-03 revises the contribution requirement for employees
previously paying zero to 2% of their basic compensation.
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Please place this item on the September 9, 2003 agenda for first reading.
Att
Cc: Barbara Garito, City Clerk
Joe Safford, Finance Director
Sherry Muehlberg, Administrative Manager
James W. Linn, Esq.
James Tabeek, Fire Inspector Lt
I ;).E
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ORDINANCE NO. 36-03
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH FLORIDA, AMENDING
CHAP1ER 35, "EMPLOYEE POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CIlY OF DELRA Y BEACH BY
AMENDING SECTION 35.095, "CONTRIBUTIONS OF
PARTICIPANT AND CIlY", SUBSECTION 35.095(A),
"PARTICIPANT'S CONTRIBUTION ACCOUNT", TO
PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT
CONTRIBUTIONS; 'PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
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WHEREAS, th~ City Commission of the City of Delray Beach desires to amend the
employee contributions under the General Employees Retirement Plan.
NOW THEREFORE, BE IT ORDAINED BY TIE CIlY COMMISSION OF
THE CIlY OF DELRA Y BEACH AS FOllOWS:
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,Section 1. That Chapter 35, "Employee Policies and Benefits", subheading,
"Retirement Plan':,.of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 35.095, "Contributions of Participant and City", Subsection 35.095(A),
"Participants contribution account" to read as follows:
Section 35.095 CONTRIBUTIONS OF PARTICIPANT AND CIlY.
(A) Participant's contribution account
(1) For the purpose of this section "PARTICIPANT'S CONTRIBUTION
ACCOUNT" will consist of tax deferred participant contributions. Effective the first pay period
beginning on or after October 1, 1989, employee contributions will be picked up by the City and
shall be treated as employer contributions for tax purposes. However, for all purposes of
determining benefits under the plan, they will be considered participant contributions.
(2) Each participant will contribute toward the cost of the plan an amount equal
to three percent (3%) of the first $4,800 of his basic annual compensation, and six percent (6%) of
basic annual compensation in excess of $4,800 until the beginning of the first pay period after
September 25, 1984. Beginning with the first pay period after September 25, 1984, each participant
will contribute toward the cost of the plan an amount equal to six percent (6%) of basic
compensation. Effective as of the first pay period beginning on or after October 1, 1989, participant
contributions will be equal to four and one-half percent (4.5%) of basic compensation on a
tax-deferred basis. Beginning with the first pay period after September 1, 1999, participants shall not
be required to contribute to the plan, except those participants described in paragraph (4) of this
Section. Beginning with the first PllY period after September 30. 2003. participants who are not
included in the barg;Uning unit specified in paragraph (4) shall contribute two percent (2%) of basic
I conwensation,
(3) Anything in the plan to the contrary notwithstanding, the total benefits
payable under the plan to, or'with respect to, a participant shall not be less than the benefits that can
be .provided . by the participant's contributions, and further provided, if a participant, who is
terminated, elects to withdraw participant contributions, the participant will be entitled to the return
of participant contributions with interest, in lieu of all other benefits payable under the plan.
Effective September 1, 1999, if a participant has ten (10) or more years of credited service under the
plan a non-compounded simple interest tate of five (5%) percent per year shall be applied to the
principal ,balance of the participant's contribution as accrued on December 31 of each year.
Effective September 1,1999, ifa participant has less than ten (10) years of credited service under the
plan a non-compounded simple interest rate of three (3%) percent shall be applied to the principal
balance of the particip~t's contribution as accrued on December 31 of each year. Participant
contributions canoot be withdrawn while a participant remains in the employ of the city or after the
payment of bene~ts under the plan has commenced.
,(4), Applicability to Bargaining Unit Employees. Participants who are members
of the bargaining ,unit represented by the National Conference of Firemen and Oilers shall not be
required to contribute to the plan unless a written actuarial valuation indicates that contributions are
required to properly fund the plan in an actuarially sound manner. If any actuary selected by the
Retirement Committee determines that additional contributions are required to properly fund the
plan, the City and bargaining unit members shall equally share such contributions on a percentage of
payroll basis; provided that no member shall be required to contribute more than four and one-half
percent (4.5%) of basic compensation unless the City and union agree to a greater participant
contribution.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its
passage on second and final reading.
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PASSED AND ADOP1ED in regular session on second and final reading on this
the
day of ,2003.
MAYOR
ATTEST:
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City Clerk
First Reading
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Second Reading
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MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlY MANAGER~
SUBJECT: AGENDA ITEM # \rs::s-. REGULAR MEETING OF SEPTEMBER 23. 2003
ORDINANCE NO. 29-03 ADOPTING AND ENACTING A NEW CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH
DATE: SEP1EMBER 19,2003
This ordinance is before, Commission for second reading to adopt Ordinance No. 29-03 regarding the
new Code of Ordinances of the City of Delray Beach, Florida.
At the regular City Commission meeting of May 7, 2002, Commission approved a contract with
Municipal Code Corpotation for the reprint and codification of the City Code of Ordinances. The
result of that contract award. is a new Code Book published by Municipal Code Corporation
consisting .,f Chapters 10 through Chapter 152 each inclusive. In addition, the City Code Book is
available ori the internet at wwW.Inunicode.com or from the City Web Page.
At the first reading on Septemb'er 9, 2003, the Commission passed Ordinance No. 29-03.
Recommend appr<Jval of Ordinance No. 29-03 on second and final reading.
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S\C;ty Clerk\agend2 _\Oed 29-03 Adopting New Code
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: ~IlY MANAGER
SUBJECT: AGENDA ITEM # I 'J.t - REGULAR MEETING OF SEPTEMBER 9. 2003
ORDINANCE NO. 29-03 ADOPTING AND ENACTING A NEW CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH
DATE: SEP1EMBER 5, 2003
This is first reading for Ordinance No. 29-03 adopting and enacting a new Code of Ordinances of the
City of Delray Beach, Florida,
At the regular City Commission meeting of May 7, 2002, Commission approved a contract with
Municipal Code Corpotation, for the reprint and codification of the City Code of Ordinances. The
result of that. contract award' is a new Code Book published by Municipal Code Corporation
consisting of Chapters 10 thrqugh Chapter 152 each inclusive. All ordinances of a general and
permanent nature enacted on or'before June 4, 2002, and not included in the Code or recognized and
continued in force by reference:.are repealed.
__n__
In addition, the CitY Code Book is available on the internet at www,municode,com or from the City
Web Page.
At this time, Commi~sion is requested to adopt and enact a new Code of Ordinances of the City of
Delray Beach as reprinted and codified by Municipal Code Corporation.
Recommend approval of Ordinance No. 29-03 on first reading. If passed, a public hearing will be
scheduled for September 23, 2003.
S\c;ty Clerk\agend2 _\Oed 29.03 Adopting New Code
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ORDINANCE NO. 29-03
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRAY BEACH, FLORIDA ADOPTING AND
ENACTING A NEW CODE OF ORDINANCES OF THE
CIlY OF DELRAY BEACH, FLORIDA; PROVIDING FOR
THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING FOR THE
AMENDMENT OF THE CODE OF ORDINANCES; AND
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
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NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA:
.'
Section 1. That this Code, entitled "City of Delray Beach Code of Ordinances",
published by Municipal Code 'Corpotation consisting of Chapters 10 through Chapter 152, each
inclusive, is adopted.
Section 2. That all ordinances of a general and permanent nature enacted on or before
June 4, 2002, ana not included in the Code or recognized and continued in force by reference
therein, are repeale~
.
Section 3. That the repeal provided for in Section 2 hereof shall not be construed to
revive any ordinance or part thereof that has been repealed by subsequent ordinance that is repealed
by this ordinance.
Section 4. The penalty provided by Section 10.99, entitled "General Penalty", unless
another penalty is expressly provided, shall apply to the amendment of any Code section, whether or
not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed
above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and
revocation of licenses or permits.
Section 5. That additions or amendments to the Code shall be deemed to be
incorpotated in the Code, so the reference to the Code includes the additions and amendments.
Section 6. That ordinances adopted after June 4, 2002, that amend or refer to
ordinances that have been codified in the Code, or that refer to sections of the Code of Ordinances
of the City of Delray Beach, shall be construed as if they amend or refer to like provisions of the
Code.
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Section 7. That this ordinance shall become effective immediately upon its
passage on second and' final readin,g.
PASSED AND ADOPTED in regular session on second and final readin,g on this _ day
of ,2003.
MAYOR
ATTEST:
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CIlY CLERK
First Reading .'
Second Reading
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2 ORD. NO. 29-03
[ITY DF DELRAY BER[H :!r
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH. FLORIDA 33444
TELEPHONE 561/243.7090. FACSIMILE 561/278.4755
Writer's Direct Line: 561/243-7090
DELRA Y BEACH
, I 0 . I 0 ..
ld.Itd MEMORANDUM
AJl.AmerlCI CIIr
~nU! DATE: September 15, 2003
TO: David T. Harden, City Manager
City Commission
FROM: Terrill Pyburn, Assistant City Attorney IJ,CR
SUBJECT: Beach Activities Ordinance
Please review the attached ordinance. This proposed ordinance prohibits the use
of powered (motorized) paragliders, as well as hang-gliders and kiteboards (non-
motoriled) within 300 feet of a municipal beach site but these activities will still be
permitted on the stat~~wned portions of the beach (except for the 300 foot buffer
area). Please note:that a map is attached delineating the different designated
areas for your convenience.
.
Recently, a private property owner complained about these activities occurring
around his home, which is adjacent to the state-owned beach. State ownership
does not deprive the City from having jurisdiction, but coordination with various
state agencies may be required if we are interested in preparing and enforcing a
stricter ordinance that regulates access to or use of state lands such as the state
beach.
If the ordinance meets with your approval, please place it on the agenda for
consideration by the City Commission at the next scheduled meeting.
Thank you. Please do not hesitate to contact me at 7090 with any questions.
TCP:smk
Attachments
cc: Susan Ruby, City Attorney
Lula Butler, Director of Community Improvement
Joseph Weldon, Director of Parks and Recreation
Larry Schroeder, Police Chief
Mark Davis, Captain
Rich Connell, Assistant Director of Parks and Recreation 1~f1
Bob Taylor, Ocean Rescue Superintendent
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ORDINANCE NO. 39-03
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAP1ER 101 OF THE CODE OF ORDINANCES OF THE
CIlY OF DELRAY BEACH, "PARKS, BEACHES AND
RECREATION", BY AMENDING SECTION 101.15,
"DEFINITIONS", PROVIDING A DEFINITION OF
"MOTOR VEHICLE" AND A DEFINITION OF
"VEHICLE", AMENDING SECTION 101.24, "TRAFFIC
REGULATIONS", IN OlillER TO PROVIDE FOR THE
SAFElY OF CITIZENS AND TOURISTS ENJOYING THE
CIlY OF DELRAY BEACH'S MUNICIPAL BEACH BY
PROHffilTING THE USE, OPERATION, AND
PROPEllING OF VEHICLES ON THE MUNICIPAL
, . ,.BEACH SITE; AMENDING SECTION 101.34, "SURFING,
SCUBA DIVING AND JET SKIS", IN ORDER TO PROVIDE
FOR THE SAFElY OF CITIZENS AND TOURISTS
ENJOYING THE CIlY OF DELRA Y BEACH'S MUNICIPAL
BJ;.ACH BY PROHffilTING KITEBOARDING AND
PARASAILING ON THE MUNICIPAL BEACH SITE AND
P!tOHIBITING KITE-FLYING AND WINDSURFING
EXCEPT IN DESIGNATED AREAS; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
A,ND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide
for the health, safety and welfare of its citizens enjoying the City's beaches; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prevent
uses that are dangerous to the City's beach-going citizens and tourists.
NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA:
Section 1. That Chapter 101, "Parks, Beaches and Recreations", Section 101.15,
"Definitions", of the Code of Ordinances of the City of Delray Beach, is hereby amended to read as
follows:
"MOTOR VEHICI.F.". AllY self-propelled motorized device desigped and used
for the pu\:pose of transporting or moving any person or pro.perty from one place to another
but not qperated qpon rails or guidewllY' indllc!ing but not limited to the following: All
T errain V ehicles (A TV s) and powered par'lgliders.
"MUNICIPAL BEACH". All the fractional east half of Section 16, Township 46
South, Range 43 East together with that part of Lots 9, 10, 11, 12 and 13 lying east of State
Road AlA, as described in a replat of part of Segers Addition, recorded in Plat Book 16,
Page 89, Palm Beach County records; and that part of Lots 4, 5, 6, 7 and 8, Block E, and the
south 10 feet of Lot 3, Block E, as described in the Revised Plat of Block D & E, Palm
Beach Shore Acres, recorded in Plat Book 7, Page 38, Palm Beach County records~
Atlantic Dunes Park, all lying east of the east curb of State Road AlA (Ocean Boulevard),
iOcluding the waters of the Atlantic Ocean within the boundaries of this city.
"PARK'l Any land oWned or controlled by the city under the management and
administration of the Parks and Recreation Department and devoted primarily to outdoor
recreation' activities.'
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"RECREATION SITE". Any facility, except a park, owned or controlled by the
city,
under the management and administration of the Parks and Recreation Department and
devoted pPmarily to indoor recreation activities.
"VEHICLE". AllY device designed and used for the pm;pose of transporting or
moving any person or prope~ from one place to another but not operated upon rails or
guideway. including but not limited to the following: parachutes.
,
Section 2. That Chapter 101, ''Parks, Beaches and Recreation", Section 1 01.24, "Traffic
Regulations", of the Code of Ordinances of the City of Delray Beach, Is hereby amended to read as
follows:
(A) No person shall drive, propel or cause to be driven or propelled along or
over any road within any park, any vehicle at a greater tate of speed than posted, and in any
event, not more than 25 miles per hour.
$.) No person shall use operate or propel or cause to be used. o.perated. or
propelled on or within three hundred feet ()OO') of any munici.pal beach site within the limits
of the City a motor vehicle or vehicle: provided. however nothing in this section shall
prevent (1) official motor vehicles or vehicles of a ~vemmental agen<:;y from traversiQg the
beaches, banks or dunes in the performance of official governmental duties (2) non-
governmental pm;poses of maintenance and/or preservation of same as authorized or
required by a government agen<:;y ()) motor vehicles or vehicles utili'ed for the pm;pose of
tran~porting a physicall.y disabled person who would otherwise be inc'lPable of accessing and
traveling u.pon the beach without such assistance. or (4) motor vehicles or vehicles utili'ed
2 ORD. NO. 39.03
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for other authorized putposes as llPproved b.}' the City Manager from traversing the beaches
and access points thereto of any municipal beach site within the City limits.
1. An exc~ption to the prohibitions in Section ()3) is a life or death
emer~en<;y which may rec;prire motor vehicles to be used. operated or propelled on or within
three hundred feet (}OO') of an.y municipal beach site.
(B7.(Q No person shall park or store any motor vehicle, motorcycle, bicycle, wagon
or other vehicle within a park, recreation or municipal beach site except in places designated
for such purposes.
.~a:ll Laws of the city requiring lights on vehicles shall apply to vehicles in a park,
recreation or m~cipal beach'site.
(B1.(E,) Vehicles shall be restricted to drives, roadways, paths, walks and trails
'es.rab~hed for such purposes. Footpaths or walks designated for pedestrian travel shall not
be used for vehicular travel.
~!El No motor vehicles shall be driven upon the municipal beach without a
written permit from the Parks and Recreation Department
~.(m All ordinances of the city with respect to vehicles shall be in full force and
effect in th~ parks of said city.
.
~.(tll No person shall ride any horse or other anirnal within any park and
recreation site, except upon bridle paths designated as such.
Penalty, see Sec. 10.99
Section 3. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and
Recreation", Section 101.34, "Surfing, Scuba Diving and Jet Skis", of the Code of Ordinances of the
City of Delray Beach, be hereby amended to read as follows:
Section 101.34 SURFING. SCUBA DMNG AND JET SKIS.
(A) No paras.il;ng or kiteboardiqg/kitesurfing shall be permitted within three
hundred feet ()oo') of an.}' municipal beach site within the limits of the City. No surfing.
windsurfing or kite-flying shall be permitred except in areas designated by the City Manager.
It shall be the duty of the chief lifeguard to see that proper markers are maintained to
indicate the location of any area to be designated. No person shall use any Stlde6llfd,
paddleB6ftra, sltimmer, heD, 8aar6, MeEt Ilk mft, eS:ft6e, Beat at ecl1er MmilM object fttftfie
efttirel) at fJ~ Bf \\i 668, 111etsL glaaB, kltftl I'HLstie 81 4'1l1 ather bard 9eBst:ftfl.ee at any
3 ()Rl).l'(). 39~3
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time on the beach or in the Atlantic Ocean in a manner that constitutes a hazard to any
other person.
1. An excc:ption to the prohibitions in Section fN is a life or death
eme~gen<;y which tna.y re~e a kiteboarderlkitesurfer to traverse on or within three
hundred feet 1)00') of any municipal beach site.
(B) Scuba diving and jet skis are prohibited from all areas of the municipal beach.
Section 4. That ~hould 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 5. ' That.all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
, ,
Section 6. That thiS ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOP1ED in regular session on second and final reading on this the
. day of ,2003.
.
ATTEST:
,
MAYOR
CIlY CLERK
First Reading
Second Reading
4 ORD. NO. 39-03
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.... . ''', ' ' " ,.., , '. . .. ""c."" ,""',CC"W ,,,,..:1
'. .' ... 'CITYCOMM SSION DOCUMENTATION .' .. ...... .~.. ...... .. '.'
, ..... .' ". .. I . .' . . "", ',. '. .'. >';;;'f~'V;:)~h/f',;:;',,,;,;\',;f;,,:::,,::"~::"J'N~/ '
TO: DAV'D T. HARD~ M~
THRU: PAUL DORLlNG, DIRECTOR OF NNING AND ZONING
FROM:. JASMIN ALLEN, PLANNER /M"':/\.. ~
SUBJECT: MEETING OF SEPTEMBER 23, 2003 (
CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 4.3.3 (S) "TELECOMMUNICATION TOWERS AND
ANTENNAS" TO REFLECT RECENT CHANGES IN STATE LAWS
". " . BACKGROUND' ....., '.",,,nM"\1i'Hi...e,.,e"1
. , . . ,; " ",~<.,., '<,:':'<:-~';':hi<U,,{ti';,:;{ijS1'14tG::::;t:1":Y;":::'i;;'/c;';;:l::';<j'.
The proposed text amendments are to modify LDR Section 4.3.3(5) "Telecommunication 1
Towers and Antennas" to achieve consistency with the new State laws. The proposed'
amendment provides thetimeframes in which the City shall grant or deny such applications.
The State law specifies that local governments shall determine within 20 business days of
receipt, if an application has been properly submitted. Additionally, local governments shall
within 45 business days of the receipt of a properly submitted application approve or deny a
request for colocation of antennas and within 90 business days approve or deny a request for
new tower structures.
Additional background and a complete analysis are found in the attached Planning and
Zoning Board staftreport.
,.. 'PLANNING AND ZONING BOAR[)CONSIDI:~TiON,.t:::~~"!:~'(}'~ti,,~.;:;tll(,;l"'li
The Planning and' Zoning Board held a public hearing regarding this item at its meeting of,
September 15, 2003. There was no public testimony on the proposed text amendment. After
discussing the amendment, the Board voted 6-0 (Jess Sowards abstained) to recommend to
the City Commission approval of the proposed amendment to the Land Development
Regulations, based upon a positive finding with LDR Section 2.4.5(M)(5), that while the
amendment does not specifically further the Goals, Objectives, and Policies of the
Comprehensive Plan, it is not inconsistent with them.
"",;'C","""",'1""""..',1"1 .,.;iii;;.,";i.,i'-"'liiRi:COMMENDEO')."CTION'" . ':" .
.';"/',.t.;;..,-./:,." i"", "t:P:"i'.'0;+,;,<i,/_\:~,:"::;Ci-'-.,,".,: ' "" '. 'L::,i;:;~t<k
By motion, approve on first reading the amendment to the Land Development Regulations
regarding Section 4.3.3(5) "Telecommunications Towers and Antennas", based upon positive
findings with LDR Section 2.4.5(M)(5), and setting a public hearing date of October 7, 2003.
Attachments: Planning and Zoning Board Memorandum Staff Report of September 15, 2003
Proposed Ordinance
I~
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ORDINANCE NO. 37-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", BY AMENDING SECTION 4.3.3(S),
"TELECOMMUNICATION TOWERS AND ANTENNAS", IN
ORDER TO PROVIDE AN UPDATED ORDINANCE IN
ACCORDANCE WITH NEW STATE LAWS REGARDING
TELECOMMUNICATIONS; PROVIDING A SAVING 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 C,()mmission desires to have an up to date Code of Ordinances that is
consistent with state law.
.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF-
DELRAY BEACH, FLORIDA:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(S),
'Telecommunication Towers and Antennas", be, and the same is hereby amended as follows:
(f) Reauired Information:
All applications for telecommunication towers contain the following
information:
1. Standard application items pursuant to 2.4.3(A).
2. Site plan showing the location, dimensions, arid elevations of the
tower and accessory structures.
3. An aerial photograph produced at a scale of not less than one inch
equals 300 feet (1" = 300') indicating all residential land uses and all
existing telecommunication towers located within 1,500 feet of the
proposed tower.
4. Landscape plan pursuant to 4.4.16.
--
5. A statement prepared by a professional registered engineer licensed
to practice in the State of Florida, which through rational engineering
analysis certifies the tower's compliance with applicable standards as
set forth in the Standard Building Code, and any associated
regulations; and describes the tower's capacity, including an example
of the number and type of antennas it can accommodate. For all
towers attached to existing structures, the statement shall included
certification that the structure can support the load superimposed from
the tower.
- e.. 'IeFifiGatieR that the telesemmldAis3tieR tev:er aRe aRteRRa is iR
ClomplioRse witt-l FeEleFaI MistieR .'\ElmiRistration (FA,'\) r-e@l,jlatieRs.
7,. 6. Written approval or a statement of no objection from other federal or
,state agencies that may regulate telecommunication tower siting,
.' design, and construction.
,.
fh 7. Verification that the facility has been licensed by the Federal
Communications Commission (FCC).
9.-8. A certified statement that the construction and placement of the tower
will not unnecessarily interfere with public safety communications and
the usual and customary transmission or reception of radio and
television service enjoyed by adjacent residential and nonresidential
properties. A statement shall be prepared by a radio frequency
engineer identifying any interference that may result from the
proposed construction and placement.
~ 9. A line of sight analysis shall be required to assess the tower's visual
impact on residential areas. Such analysis shall include a visual
representation of the tower on the site, and an illustration of its impact
when viewed from at least three (3) specific points within a 1,000 foot
radius of the proposed tower location. The exact location of the points
to be included in the analysis shall be coordinated with Planning and
Zoning Department staff.
Section 2. That Chapter Four, .Zoning Regulations", Section 4.3.3(5),
"Telecommunication Towers and Antennas", be, and the same is hereby amended as follows:
2 ORD. NO. 37-03
(6) Review and Approval Process:
(a) The City shall process all applications for telecommunication towers and
antennas in a timely manner and in accordance with established procedures.
Tho maSOR for tl:1o rojostioR or !:loRial of aRY a~~lisation file!:l iR assoR:laRGO
~Nith the prol:iEielu; af tRig sestioA shall be Bat forth iA \vritiA!:1.
(1) Aoolication for new tower permits will be processed within ninety (90)
business davs of receiot of a orooerlv comoleted aoolication.
(2) Aoolications for co-location permits will be processed within forty-five
(45) business davs of receipt of a orooerlv comoleted aoolication.
(3L. The City will notify oermit aoolicants within twenty (20) business davs
after the date of submission of an aoolication whether the aoolication
,is for administrative purposes onlv. orooerlv comoleted and orooerlv
.' submitted.
(b) A waiver'of the time frames set forth above must be voluntarilv aareed to by
the aoolicant and the Citv exceot in the case of a declared local. state or
federal emeraencv that directlv affects the administration of all oermittina
activities of the Citv.
(c) The reason for the reiection or denial of anv aoolication filed in accordance
, 'with the orovisions of this section shall be set forth in writina within the above
soecified time frames.
~!Q) All conditional uses must be approved pursuant to the provisions of Section
2.4.5(E). In addition to the requirements of that section, the following finding
must be made in connection with a conditional use approval for a new
communication tower:
(1 ) That the visual impact of the tower has been minimized to the greatest
extent possible through careful design, siting, and screening.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
3 ORD. NO. 37-03
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this _ day
of ,2003.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
. ."
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4 C>RD.NC>.37-03
'~::>:i1Y;'.A':>Y~', '9>::r':',,:~~;:", /'~:";_>','; >;!,,,.h',"-&' _ "'~'<"';
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
i:''''''>'!)!;,:' :;;::;_/;;.
MEETING OF: SEPTEMBER 15, 2003
.
AGENDA ITEM: IV.B . AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 4.3.3(S) "TELECOMMUNICATION
TOWERS AND ANTENNAS" TO REFLECT RECENT CHANGES
IN STATE LAWS
l:r,EM>:eEFCfRE'''::tfl.:~:::I~~
The item before the Board is that of making a recommendation to the City Commission
regarding- an amendment to the Land Development Regulations regarding Section
4.3.3(S) "Telecommunication Towers and Antennas" to achieve consistency with the
new State laws.
Pursuant t6 Section 1. t.6 an amendment to the LDRs may not be made until a
recommendation is obtained from the Planning and Zoning Board.
';::"::wwIBACKG R OU'Ni:r'AN'OAN'ALYSr'S:';'w:",;:,,rr':'" .... " "f";''';
,;._"",,.;,,~,,:,:, _ --, '~"" - - -" -'," - -";",, _ - """;,, - - ~- ., _ ,--' __ ,- _ ,:."",:,,;,c::::,,~'T:~..._c~.. ,:---~"",,,:<,,'~/pr"""';"!>:
Recently, the Florida Legislature adopted HB 1307, which became effective on July 1,
2003, relating to Wireless Communication Towers and Antennas. The State laws
established state policies which encourage colocation of antennas, specifies the
information local govemment may require from wireless communications providers and
establishes tim~frames for reviewing, granting or denying applications.
With respect to the processing timeframes, the State law specifies that local
governments shall determine within 20 business days of receipt, if an application has
been properly submitted. Additionally, local govemments shall within 45 business days
of the receipt of a properly submitted application approve or deny a request for
co location of antennas and within 90 business days approve or deny a request for new
tower structures. The above timeframes are in effect, except in the case of a declared
local, state or federal emergency that directly affects the administration of all permitting
activities under which circumstances a one time waiver is allowed. The State laws
further allow an extension to the timeframes upon the voluntary agreement of the
applicant and the local government.
The State law also specifies that collocation of wireless communications facilities
proposed at existing sites are allowed as a permitted use, subject to the local building
and land development regulations including aesthetic review.
P&Z Board Memorandum Staff Report
LOR Text Amendment - Telecommunication Towers and Antennas
Page 2
The proposed text amendment modifies the LDRs to be consistent with the changes in
the State law regarding the processing timeframes and the information required from
communications providers.
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based
upon, a finding that the amendment is consistent with an furthers the Goals, Objectives,
and Policies of the Comprehensive Plan. As noted above, this amendment is being
initiated in order to be consistent with the new enacted State laws. While the
amendment does not specifically further the Goals, Objectives and Policies of the
Comprehensive Plan, it is not inconsistent with them.
;"'C ......... .-_,..__"~r_..:";.<" ,<;.... .:",-::''''' .......,..', c_"" '-'; _,'"
\\~,),;:} - ><:\RECQMM EN D ED.
By motion, recommend to the City Commission approval of the amendment to the Land
Development Regulations regarding Section 4.3.3(S)"Telecommunication Towers and
Antennas", based upon positive fi~dings with LOR Section 2.4.5(M)(5).
.
Attachment
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. Proposed Ordinance
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[IT' DF DELRRY BER[H ,
CITY AnORNEY'S OFFICE 300 \'(', ATLA:\TIC AVE:\UE . DELRAY BEACH. FLORIDA 33444
_ POLICE LEGAl ADVISOR TELEPHONE 561/243-7823' FACSIMILE 561/243-7815
'IIIJ! .
1993
POLICE LEGAL ADVISOR
MEMORANDUM
To: Mr. ~avid Hard~n, City Manager
.' ~
From: Catherine M. Kozol,
Police Legal Adviso
, , ..
Date: August 18,2003
Re: City Vehicle Impoundment Ordinances
-----------------------------------------------------
I have enclosed 2 ordinances for your review and for placement either on
an agenda for first reading unless you believe there is need for a workshop first.
The first ordinance is an updated ordinance from the old Section 71.070
through 71.073 to a new Chapter 73.15 through 73.18. The ordinance remains
unchanged with the exception of 73.15(C), in which we added that prior to the
removal of a vehicle, procedures must be followed in accordance with Section
90.02(B) of the Code.
The second ordinance, Section 73.01 through Section 73.07 is an entirely
new ordinance dealing with administrative penalties for vehicle impoundment of
vehicles involved with violations of certain State laws. This ordinance will allow a
police officer with probable cause of a violation of the various enumerated crimes
to impound a car and charge an administrative penalty of $250.00. Upon
impoundment, the owner can request, in writing, a preliminary hearing, to
determine probable cause. The hearing would have to be held within seven (7)
days from the date of the request. Between 20 and 45 days, a final hearing to
determine whether the vehicle
1 J'J.c' t( I~
Page Two
David Harden, City Manager August 18, 2003
was impounded according to one of the cited crimes by preponderance of the
evidence will have to be completed. The owner can waive this hearing if he so
chooses. It should be noted that the owner may post a bond of $250.00 and
have a vehicle returned to him as soon as he posts the bond. The hearing would
determine whether the City keeps or returns the bond.
If you have any questions or concerns, please do not hesitate to call me.
CMKlath
Encs. '
cc: Susan Ruby, City Attomey
Terrill Pyburn, Asst.City Attomey
Chief Larry Schroeder
2
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ORDINANCE NO. ~-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ENACTING CHAPTER 73,
"IMPOUNDMENT", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION
73.01, "VEHICLE IMPOUNDMENT," SECTION 73.02, RETURN
OF VEHICLE PRIOR TO ADMINISTRATIVE HEARING," SECTION
73.03, "HEARINGS; ADMINISTRATIVE PENALTY," SECTION
73.04, "ADMINISTRATIVE PENALTY; COSTS," SECTION 73.05,
"RETURN OF THE VEHICLE PRIOR TO ADMINISTRATIVE
HEARING," SECTION 73.06, "APPEAL," SECTION 73.07,
"UNCLAIMED VEHICLES", PROVIDING FOR IMPOUNDMENT OF
MOTQR'VEHICLES' UTILIZED IN VIOLATION OF STATE LAWS
AND PROCEDURES REGARDING SAME AND SECTION 73.08,
"ADMINISTRATIVE FEES", PROVIDING FOR PAYMENT TO
-POLICE DEPARTMENT LAW ENFORCEMENT TRUST FUND;
PROVIDING 'A SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, it has come to the attention of the City Commission of the City of Delray
Beach that a vehicle impoundment ordinance is necessary in order to effectively deal with
vehicles being utilized in violation of certain state laws; and
WHEREAS; the City Commission of the City of Delray Beach, Florida, desires to adopt
such an ordinance to provide for the health, safety and welfare of its citizens and those other
persons utilizing the public streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA:
Section 1. That Title VII, "Traffic Code", Chapter 73, "Impoundment", Section 73.01,
"Vehicle Impoundment", of the Code of Ordinances of the City of Delray Beach, be, and the same
is hereby enacted to read as follows:
Section 73.01 Vehicle ImDoundment.
Imooundment of motor vehicles: controlled substances. prostitution. drivina under the
influence. habitual offender. and drivina with permanentlv revoked license.
(Al A motor vehicle shall be subiect to seizure and impoundment whenever a
police officer has probable cause to believe that the vehicle:
'~c....
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1. Contains any controlled substance or cannabis as defined in Chaoter
893. Florida Statutes: or
2. Was used in the ourchase. attemot to ourchase. sale. or attemot to
sell such controlled substance or cannabis: or
3. Was used to facilitate the commission of an act of orostitution.
assianation. or lewdness as defined in and pursuant to Section 796.07. Florida Statutes. or
4. ,Was beina ooerated bv a oerson drivina under the influence as
defined in Section 316.193. Florida Statutes: or
5." Was beina ooerated bv a person whose driver's license has been
revoked pursuant to Section 322.264. Florida Statutes (habitual offender) as defined in
Section 322.34(5) Florida Statutes: or
. , ..
6. Was beina ooerated bv a person whose driver's license or drivina
orivileaes were oermanentlv revoked as defined in Section 322.341. Florida Statutes.
(B). Uoon seizina the motor vehicle. the oolice officer shall:
1. Provide for the towina of the vehicle in a City-owned or Citv-controlled
facilitv. or to a facilitv controlled bv the City's towina aaent: and
2. Notify in writina the reaistered owner of the vehicle and any person
who is found to be in control of the vehicle at the time of the imooundment of the facts of
the imooundment as well as of the owner's riaht to reclaim the vehicle oursuant to Section
2 and to reauest a oreliminarv hearina pursuant to Section 73.03.
(a) The notices to be aiven pursuant to this section shall be
orovided bv hand deliverv at the time of the seizure and imooundment of the vehicle.
exceot if the vehicle owner is not available to receive such notice. or if neither the vehicle
owner nor the person in control of the vehicle at the time of its seizure is available to
receive such notice. then notice shall be mailed to the vehicle owner bv certified mail.
return receiot reauested. within fortv-eiaht (48) hours of the time of the imooundment
excludina Saturdays. Sundays and leaal holidavs.
(C) This section shall not aoolv and the vehicle shall not be seized or imoounded
if:
2 ORD. NO. _-03
1. The possession. use or sale of the controlled substance and/or
cannabis is authorized bv Chapter 499 or Chapter 893. Florida Statutes. or
2. The vehicle was stolen at the time that it was subiect to seizure and
impoundment and it was reDorted within 24 hours after the vehicle was discovered or
reasonablv should have been discovered. or
3. The vehicle was operatina as a common carrier at the time it was
subiect to seizure and impoundment: or
_ 4. A law enforcement aaencv has expressed its intent in writina to
institute forfeiture proceedinas on the vehicle.
Section 2. . Tltat Title VII. "Traffic Code". Chapter 73. "Impoundment". Section 73.02.
"Return of Vehicle Prior to Administrative Hearina". be. and the same is hereby enacted to read
as follows:
, - ..
Section 73.02 Return of Vehicle Prior to Administrative Hearina.
If the owner of the motor vehicle. or his/her aaent or authorized representative pays
to the City. an administrative civil penaltv of two hundred fifty dollars ($250.00) plus the
towina and storaae costs, or posts with the City a bond in the form of a money order or a
certified check in the amount of two hundred fifty dollars ($250.00) plus the towina and
storaae costs. the vehicle shall be released to the owner or his/her aaent or authorized
representative prior to the administrative hearinas held pursuant to Section 73.03. The
pavment. shall be held bv the City pendina the administrative hearina(s). If. at the
preliminarv hearina. there is a findina of probable cause. the City shall retain the collected
funds. If no probable cause is found. the money shall be returned to the person who
remitted same.
Section 3. That Title VII. "Traffic Code". Chapter 73. "Impoundment", Section 73.03.
"Hearinas: Administrative Penaltv". be. and the same is hereby enacted to read as follows:
Section 73.03 Hearinas: Administrative Penaltv.
(A) Preliminary Hearina. If the owner of the motor vehicle. or his/her aaent or
authorized representative has made a written reauest for a preliminarv hearina then:
1. The City shall hold such hearina within seven (7) days of receipt of the
written reauest. excludina Saturdays. Sundays. and leaal holidavs. before a special master
or alternate special master of the City of Delrav Beach. At the hearina. the City shall have
the burden to show that there is probable cause to believe that the motor vehicle is subiect
3 ORD. NO. -03
to imooundment and continued seizure under Section 73.01. The formal rules of evidence
shall not aoolv at the hearina and hearsay evidence is admissible.
2. If. after the preliminary hearina. the soecial master or alternate soecial
master determines that there is orobable cause to believe that the motor vehicle is subiect
to imooundment and continued seizure. he/she shall order the continued imooundment of
the vehicle unless the vehicle owner or his/her aaent or authorized reoresentative oays the
City an administrative civil oenalty of two hundred fifty dollars ($250.00) olus the towing
and storaae costs. or oosts with the City a bond in the form of a money order or a certified
check in the amount of two hundred fifty dollars ($250.00) olus the accumulated costs of
towina and storina the vehicle. If. after the hearina. there is a findina of no orobable cause.
the vehicle or posted bond shall be released forthwith to the owner or his/her aaent or
authorized reoresentative without the imoosition of oenalties or fees alona with any
accrued towina and/or storaae fees.
, (B) Flna~ Hearlna. Within twenty (20) days of the date that the motor vehicle is
seized and imoounded pursuant to Section 73.01 and whether or not a oreliminarv hearina
is reauested. the City shall notify by certified mail. return receiot reauested, the vehicle
owner of record of the date. time. and location of a final hearina to be conducted oursuant
to this subsection. The final hearina shall be scheduled and held. unless waived by the
vehicle owner or continued by order of the soecial master or alternative soecial master. no
later than forty-five (45) days after the date that the vehicle was seized and imoounded.
The formal rules of evidence will not aooly at the final hearina. The City shall have the
burden to show by a oreoonderance of the evidence that the vehicle was used as set forth
in any of the sub-sections in Section 73.01 (A) (1). (2). (3). (4) and (5). If. after the
hearina. a findina is made that the vehicle is subiect to imooundment and seizure pursuant
to Section 73.01. and that none of the exceotions set forth in Section 73.01 (C) aoolY. then
the soecial master or alternative soecial master of the City of Delray Beach shall enter an
order findina the owner of record of the vehicle civilly liable to the City for an administrative
oenalty of two hundred fifty dollars ($250.00). olus towina and storaae costs. If. after the
hearina. a findina is made that the City did not meet its burden of oroof as set forth in this
subsection. or that one of the exceotions of Section 73.01 (C) aooly. the vehicle and any
bond posted shall be returned to the owner. alona with any accrued towina and/or storaae
fees.
Section 4. That Title VII. "Traffic Code". Chaoter 73. "Imooundment". Section 73.04.
"Administrative Penalty: Costs". be. and the same is hereby enacted to read as follows:
Section 73.04 Administrative Penaltv: Costs.
If an administrative oenalty. towina and storaae costs and/or hearina costs are
imoosed pursuant to Section 73.03. such oenalty and costs shall constitute a debt due and
4 ORD. NO. -03
owina to the City. The vehicle's record owner's obliaation to Day such debt to the City shall
be indeoendent of the City's return or release of the vehicle. If cash or a cash bond has
. been posted pursuant to Section 73.02. the bond shall be aoolied toward payment of the
oenaltv and costs.
Section 5. That Title VII. 'Traffic Code". Chaoter 73. "Imooundment", Section 73.05,
"Return of the Vehicle". be. and the same is hereby enacted to read as follows:
Section 73.05 Return of the Vehicle.
Exceot as orovided otherwise in Section 73.03. an imoounded vehicle shall be
returned to its record owner. or to the person who is leaallv entitled to oossess the vehicle
uoon his/her payment of the administrative oenaltv and costs to the City. plus any towina
and storaae feeS. unless ttie vehicle has been sold or otherwise disoosed of to satisfy a
iudament or enforce a lien as provided bv law.
,
Section 6. That Title VII. "Traffic Code", Chaoter 73. "Imooundment". Section 73.06.
"Aooeal". be. and the same Is hereby enacted to read as follows:
Section 73.06 ADoeal.
The owner of the motor vehicle that has been the subiect of a seizure and
imooundment pursuant to Section 73.01. 73.02 and 73.03. or the City may aooeal the
rulinas and decisions of the soecial master or alternate special master of the City of Delrav
Beach bv writ of certiorari to the Circuit Court of the Fifteenth Judicial Circuit of Palm
Beach County. within thirty (30) days of the date of the order beina aopealed. The City
may charae a reasonable fee for the preparation of the record for ourooses of makina the
aooeal.
Section 7. That Title VII. "Traffic Code". Chapter 73. "Impoundment". Section 73.07.
"Unclaimed Vehicles". be. and the same is hereby enacted to read as follows:
Section 73.07 Unclaimed Vehicles.
Anv motor vehicle that is not reclaimed within sixty (60) days from the date of the
final order of the soecial master or alternate special master of the City of Delrav Beach.
subiectina the owner of the motor vehicle to an administrative civil oenaltv of $250.00.
becomes unclaimed evidence pursuant to Section 705.101(6). Florida Statutes. Such
unclaimed vehicle shall then be disoosed of bv the City oursuant to Section 705.105.
Florida Statutes.
Section 8. That Title VII. 'Traffic Code". Chaoter 73, "Impoundment", Section 73.08.
5 ORD. NO. _.03
-
.
"Administrative Fees". be. and the same is herebv enacted to read as follows:
. Section 73.08 Administrative Fees.
The oroceeds of anv sale of an imoounded motor vehicle as orovided in sections
73.01 throuah 73.07. after oavina all the costs actuallv exoended for towina and storaae.
shall be deoosited into the Police Deoartment's Law Enforcement Trust Fund.
Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
,
.
Section 11. 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 . ,2003.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
6 ORD. NO. -03
ORDINANCE NO. 3; -03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71,
"PARKING REGULATIONS", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
SECTIONS 71.070 THROUGH 71.073 IN THEIR ENTIRETY AND
ENACTING A NEW SECTION 73.15, 'WHEN IMPOUNDMENT
AUTHORIZED FOR UNATTENDED/ABANDONED VEHICLES",
TO PROVIDE CLARIFICATION AS TO WHEN IMPOUNDMENT IS
AUTHORIZED FOR UNATTENDED, ABANDONED VEHICLES;
ENACTING A NEW SECTION 73.16, "NOTICE OF
IMPOUNDMENT," TO PROVIDE FOR NOTICE OF
IMPOUNDMENT OF UNATTENDED/ABANDONED VEHICLES;
ENACTING A NEW SECTION 73.17, "RELEASE OF IMPOUNDED
VEHICLE,", PROVIDING FOR RELEASE OF IMPOUNDED
, YEHICLE," ENACTING A NEW SECTION 73.18, "SALE OF
IMPOUNDED., VEHICLE," PROVIDING FOR SALE OF
IMPOUNDED VEHICLE; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has determined that vehicle
impoundment for unattended/abandoned vehicles is necessary in order to effectively deal with
abandoned vehicles; and
.
WHEREAS, the City Commission of the City of Defray Beach, Florida, desires to adopt this
ordinance as amended in order to provide for the health, safety and welfare of its citizens and
those other persons utilizing the public streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Title VII, "Traffic Code," Chapter 73, "Impoundment," Section 73.15,
'When Impoundment Authorized for Unattended/Abandoned Vehicles," of the Code of
Ordinances of the City of Delray Beach, be enacted to read as follows:
\ ';lD
- .--
Unattended/Abandoned Vehicles
. Section 73.15 WHEN IMPOUNDMENT AUTHORIZED FOR UNATTENDED/
ABANDONED VEHICLES.
Members of the Police Department are hereby authorized to remove a vehicle from
a street or hiahwav to the nearest aaraae or other place of safety or to a aaraae
desianated or maintained bv the Police Department or bv the City under the followina
circumstances:
(A) When any vehicle is left unattended upon any bridae. viaduct. causeway or
tunnel. where such vehicle constitutes an obstruction to traffic.
(8) When a vehicle upon a street is so disabled as to constitute an obstruction to
traffic or the person in charae of the vehicle is. bv reason of phvsical iniurv. incapacitated
to such an extent as to be unable to provide for its custody and removal.
, 'CC) When any vehicle is parked continuouslv upon a street for more than 72
hours. prior to removal. procedures must be followed in accordance with Section 90.02(8).
(0) When any vehicle is left unattended upon a street and is so parked iIIeaallv
as to constitute a definite hazard or obstruction to the normal movement of traffic.
(E) When the driver of such vehicle is taken into custody bv the Police
Department.and such vehicle would thereby be left unattended upon a street.
(F) When removal is necessary in the interests of public safety because of fire.
flood. storm. or other emeraencv reason.
Section 2. That Title VII. 'Traffic Code", Chapter 73. "Impoundment." Section 73.16.
"Notice of Impoundment of Unattended/Abandoned Vehicles." be enacted to read as follows:
Section 73.16 NOTICE OF IMPOUNDMENT OF UNATTENDED/ABANDONED
VEHICLES.
(A) Whenever an officer removes a vehicle from a street as authorized in this
subchapter. and when the officer knows or is able to ascertain the name and address of
the owner thereof. such officer shall immediatelv aive or cause to be aiven notice in writina
to the owner of the fact of the removal. the reasons therefor, and the place to which the
vehicle has been removed. In the event of the vehicle beina stored in an authorized
oaraae. a copy of such notice shall be aiven to the proprietor of the aaraae.
2 ORD. NO. -03
(B) Whenever an officer removes a vehicle from a street under this subchaoter
and does not know and is not able to ascertain the name of the owner or for anv other
reason is unable to qive notice to the owner. the officer shall. within 24 hours throuqh the
medium of electronic communications. contact the State Deoartment of Hiqhwav Safetv
and Motor Vehicles qivinq a full descriotion of the vehicle. and shall file a coov of such
notice with the proprietor of anv authorized qaraqe in which the vehicle mav be stored.
The notice shall include a comolete descriotion of the vehicle. the date. time and olace
from which removed. the reasons for removal. and the name of the qaraqe or olace where
the vehicle is stored.
Section 3. That Title VII. "Traffic Code". Chaoter 73. "Imooundment." Section 73.17.
"Release of Imoounded Vehicle." be enacted to read as follows:
Section 73.17 RELEASE OF IMPOUNDED VEHICLE.
, No vehicle' imoounded under Section 73.15 in an authorized qaraqe shall be
released therefrom until the charqes for towinq the vehicle into the qaraqe and all storaqe
charqes have been oaid. The charqes for towinq or removal of any vehicle and storaqe
shall be at the exoense of the owner.
Section 4.' That Title VII. "Traffic Code." Chaoter 73. "Imooundment." Section 73.18. --
"Sale of Imoounded Vehicles." be enacted to read as follows:
Section 73',18 SALE OF IMPOUNDED VEI1ICLE.
(A\ If the residence or address of the owner or any person holdinq a lien uoon an
imoounded vehicle cannot be ascertained. or if the owner or person holdinq a lien uoon the
vehicle fails to take possession of the vehicle within thirty (30) davs after the mailinq of the
notice orovided for in Sec. 73.17. such vehicle shall be sold at public outCry by the Chief of
Police at some olace within the Citv. but orior to the sale a notice shall be oublished in a
Citv publication at least ten davs prior to the date of sale. Such notice shall qive the time
and olace of sale and describe the motor vehicle to be sold. A coov of such notice shall be
mailed to the owner and each oerson holdinq a lien on the car. if their address be known.
at least ten davs before the date of the sale.
(1 ) The City shall not quarantee title to such vehicle or to deliver a title of
ownershio. but shall furnish the purchaser a certificate in substantiallv the followinq form:
Certificate No.
CERTIFICATE OF SALE
Delrav Beach Police Deot.
Delrav Beach. Florida 33444
3 ORD. NO. _-03
THIS IS TO CERTIFY that the followina described car was abandoned on the oublic
. streets of Delrav Beach. Florida. and was olaced in the custody of the Police Deoartment
where it was held for thirty (30) days. after which time it havina been imoossible to find the
owner of the same. or if found. he failed to reoossess same. this automobile was sold to
the hiahest bidder after leaal advertisement.
This certificate of sale is therefore issued to .
residina at
Make:
Year: _
Enaine No.:
Chassis No.:
Dated at Delrav Beach. Florida. this day of .20
, .-
...
Chief of Police
(2) The above fonn shall be in duolicate. The original shall be aiven to the
ourchaser and the duolicate bound in a book or record.
(a) If any motor vehicle shall be sold as orovided in sections 73.15 throuah
73.18. the proceeds of the sale. after oavina all the costs actuallv exoended for advertisina
or otherwise in the sale. shall be deoosited in the General Fund of the City.
(C) The owner or any person havina a lien uoon an imoounded vehicle may take
oossession of the same at any time orior to the sale provided for in division (A). but such
person shall reimburse the City for all reasonable exoenses for storaae. advertisina. or
other exoense incurred in connection therewith.
(D) The proceeds of any sale of an imoounded vehicle paid to the General Fund
of the City shall not be exoended or disbursed for ninety (90) days after the date of such
sale. At any time durina that oeriod. the owner or any person havina an interest in the
motor vehicle may. uoon makina oroof of such ownershio or interest. recover back from
the Fund the proceeds of the sale. less all the exoenses of carina for such orooertv.
advertisina. and the makina of such sale.
Section 5. 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,
4 ORD. NO. _-03
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 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. 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 ,2003.
ATTEST:
,
MAYOR
,
CITY CLERK
.. ....,.
First Reading v'
'Second Reading . --
.
5 ORD. NO. _,03