Agenda Reg 10-07-03City of Delray Beach
Regular Commission Meeting
Tuesday, October 7. 2003
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NV/1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Oenerally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SION 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 spealdng
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (Ti)D), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetines in the Commission Chambers.
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5.
ROLL C.~ 1.1.,
INVOCATION.
FLEDGE OF ALT.EGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
· September 23, 2003 - Regular Meeting
PROCLAMATIONS:
Put the Brakes on Fatalities Day - October 10, 2003
Florida City Government Week - October 19, 2003 - October 25, 2003
National Epilepsy Awareness Month - November 2003
PRESENTATIONS:
RESOLUTION NO. 65-03: Recognizing and Commending Robert Jolley for 30
years of dedicated service to the City of Delray Beach.
"Spotlight on Education" - Dr. Ian Saltzman, Principal of Carver Middle School and
Ian Plosker, President of the Delray Beach Youth Council
CONSENT AGENDA: City Manager Recommends Approval.
REOUEST FOR SIDEWALK DEFERRAL/924 SEAGATE DRIVE: Approve a
request to defer the installation of a sidewalk in front of 924 Seagate Drive. Staff
recommends approval.
RESOLUTION NO. 69-03: Approve Resolution No. 69-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
709 S.W. 2"0 Terrace.
RESOLUTION NO. 70-03: Approve Resolution No. 70-03 assessing costs for
abatement action required to remove nuisances on seven (7) properties throughout the
City.
RESOLUTION NO. 71-03: Approve Resolution No. 71-03 amending the adopted
Resolution No. 34-89 to include student production projects as part of the One-Stop
Permitting Process with the Palm Beach County Film & Television Commission.
FUNDING AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve a
funding agreement between the City of Delray Beach and Children's Services Council
(CSC) in the amount of $275,215.00 for the City's out of school program, day camps,
and summer camp programs.
10-07-2003
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/AVDA: Approve and authorize the
execution of a sub-recipient funding agreement with Aid to Victims of Domestic Abuse
(AVDA) in the amount of $50,000.00 under the Community Development Block Grant
(CDBG) program for FY 2002-2003. Funding is available from 118-1965-554-83.01
(CDBG/Miscellaneous Expense/Other Grants and Aid).
AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY:
Approve an agreement for consultant/lobbying services between the City and Kathleen
E. Daley and Associates, Inc. in the amount of $48,000.00 for the period October 1,
2003 through September 30, 2004. Funding is awilable from 001-1111-511-34.90
(General Fund/Other Contractual Services).
SUB-CONTRACT FUNDING AGREEMENT/VILLAGE FOUNDATION:
Approve and authorize the execution of a contract between the City and Village
Foundation for a total dollar amount not to exceed $162,637.00 for the provision of
community-based substance abuse prevention services. The City will act as the fiscal
agent for the 2003-2004 Florida Department of Children & Families (DCF), Alcohol,
Drag Abuse & Mental Health Program Office Grant Award.
2003 LOCAL I_AW ENFORCEMENT BLOCK GRANT (LLEBG): Approve
acceptance of the 2003 Local Law Enforcement Block Grant in the amount of
$121,447.00 with a City match in the amount of $13,494.00 for a total amount of
$134,941.00. Funding is available from llS-2128-521-various (2003 Local Law
Enforcement Block Grant).
CLOSEOUT/FINAL PAYMENT/TOTAL GOLF CONSTRUCTION. INC.:
Approve final payment in the amount of $108,577.35 to Total Golf Construction, Inc.
for the completion of the Municipal Golf Course Greens Replacement project.
Funding is available from #441-5181-536-63.90 (Water/Sewer Fund/Other
Improvements).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 22, 2003 through October 3, 2003.
AWARD OF BIDS AND CONTRACTS:
Contract award to McA1pines Tow'rog, Recovery and Transport, Inc. with
annual franchise fees to be paid to the City in the amount of $100,000.00 for
wrecker/towing services for the Police Department.
Purchase award to Odum's Sod, Inc. in the amount of $16,038.00 for the
purchase, delivery and installation of sod at the Delray Beach Cemetery.
Funding is available from 334-6111-519-49.90 (General Construction
Fund/Other Current Charges/Obligations - FY 2003).
10-07-2003
Contract award to Ranger Construction - South in the amount of $78,835.50
for the 2003 resurfacing project. Funding is available from 334-3162-541-61.17
(Street Reconstruction).
Lease award to Xerox Corporation in the total amount of $20,387.16 over a
three (3) year term via the Pumam County Copier Contract #071736300 for the
lease of a Xerox WCP65 Digital Copier for the Police Department. Funding is
available from 001-2113~521-44.30 (Equipment Rental/Lease).
REGULAR AGENDA:
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/BORTON MOTORS: Consider an appeal 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-JudiciaI Headag)
WAIVER REOUEST/COMBINATION OF A.D_IOINING LOTS: Consider a
waiver request to Land Development Regulations (LDR) Section 4.1.4(C) which
requires the combination of adicfming lots of record which do not individually meet
minimum lot requirements for Lot 9, Block 6 of the Dell Park Subdivision, located on
the south side of N.E. 12~ Street between north Swinton Avenue and N.E. 2"0 Avenue
(102 NE 12t~ Street). (Quasi-Judicialtteadag)
CONDITIONAL USE REOUEST/EXCEL RESTAURANT: Con~der 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
comer of Linton Boulevard and Congress Avenue. (Quasi-Judicial Heating)
APPEAI~ OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/ATI.akNTIC Pl.,ACE: Consider an appeal of the Site Plan Review and
Appearance Board's action regarding the elimination of staffs recommended conditions
of approval for Atlantic Place, located on the south side of East Atlantic Avenue,
between Venetian Drive and Gleason Street. (Quasi-Judicial Heath;g)
WORLDWIDE ENTERTAINMENT. INC.: Consider authorizing staff to
negotiate an agreement with Worldwide Entertainment, Inc. for the promotion of
concerts at the Delray Stadium.
CANCEI.I .&TION OF CONTRACT/SHANNON CHEMICAL
CORPORATION: Consider authorizing the cancellation of contract with Shannon
Chemical Corporation for the purchase and delivery of poly phosphate for the Water
Treatment Plant due to non-performance and approve re-award to Stiles-Kern Division
for an estimated annual cost of $47,040.00 per year. Funding is available from 441-
5122-536-52.21 (Water/Sewer Fund/Chemicals).
10-07-2003
10.
AMENDED AND RESTATED LICENSE AGREEMENT/PILGRIM BELLE
CRUISI~$; Consider approval of the amended and restated license agreement for
Pilgran Belle Cruises between the City and Pilgrim Belle Cruises to allow for the
docking of a second boat to be used to provide "Eco Tours" to local school children
and fishing mps.
SPECIAL EVENT REOUEST/OLD SCHOOL SOUARE CONCERT
SERIES: Consider approval of the proposed Old School Square Concert Series to
include reschedulmg of the December 12, 2003 date, to be held at the pay'dion on
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(I-1) for the closure of a portion of N.E. 1st Avenue 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.
STEERING COMMITTEE: Appoint promotional steering committee for Parks
Bond issue.
RATIFICATION OF DOWNTOWN MASTER PLAN IMPLEMENTATION
COMMITTEE MEMBERS: Ratify the new roster of the Downtown Master Plan
Implementation Committee members to include representation from the Southwest
Management Team and removing members who declined to continue on the
committee.
AMENDMENT NO. I/TRIPARTITE AND INTERLOCAL AGREEMENT:
Consider approval of Amendment No. 1 to the Tripartite and Intedocal Agreement
between the City and the Delray Beach Community Redevelopment Agency (CRA)
providing for the exchange of library property to accommodate the new library to allow
additional time to review the appraisals.
PUBLIC HEARINGS:
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 north, south or east of any municipal beach site.
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.
ORDINANCE NO. 34-03: An ordinance enacting Chapter 73, "Vehicle
Impoundment", to the City Code of Ordinances to provide for administrahve penalties
for vehicle impoundment.
10-07-2003
11.
12.
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14.
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.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST RRADINGS:
ORDINANCE NO. 21-03: An ordinance amending Chapter 99, "Noise Contxor' of
the City Code of Ordinances to clarify distance requirements for noise emanating from
vehicles and buildings; and to provide a time limit on outdoor playing of musical or
similar instruments in residential zoning districts. If passed, a public hearing will be
scheduled for October 21, 2003.
ORDINANCE NO. 40-03: An ordinance amending Chapter 32, "Departments,
Boards and Commissions" of the City Code of Ordinances by amending Sections 32.08
"Length of Terms; Restrictions", Subsection (ti), to allow a member of a City Board to
also serve on the Neighborhood Advisory Council. If passed, a public hearing v/ill be
scheduled for October 21, 2003.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of
James Tylke v. the City of Delray Beach, Florida.
Attendees:
Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Robert Costin
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
Fred Gelston, Esq.
Stephen Radford, Esq.
A certified court reporter
Discuss settlement negotiations and strategy rehted to litigation
expenditures in the above case.
10-07-2003
15. SETTLEMENT OF TYLKE V. CITY OF Delray Beach: Consider settlement of the
referenced matter.
POSTED: OCTOBER 3, 2003
10-07-2003
SEPTEMBER 23~ 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 23, 2003.
1. Roll call showed:
Present-
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were -
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Terrill Pyburn, Assistant City Attorney
Barbara Gar/to, City Clerk
2. The opening prayer was delivered by Dr. Roger Richardson with Church of the
Palms Congregational United Church of Christ.
The Pledge of Allegiance to the flag of the United States of America was given.
At this point, the Commission moved to Item 6, Proclamations.
6oAo
Recoenizine and Commending Nathaniel Tucker
Mayor Perlman read and presented a proclamation recognizing and commending
Nathaniel Tucker for thirty-nine years of dedicated service to the City of Delray Beach.
Nathaniel Tucker came forward to accept the proclamation.
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Recognizing and Commending Jerry Cheeseman
Mayor Perlman read and presented a proclamation recognizing and commending
Jerry Cheeseman for twenty-seven years of dedicated and faithful volunteer service to the
children of Delray Beach and Palm Beach County. Jerry Cheeseman came forward to accept the
proclamation.
6°C,
Recognizing and Commending the East Boynton Beach Little League
Mayor Perlman read and presented a proclamation recognizing and commending
the East Boynton Beach Little League National Champions and proclaims them to be
"Champions among Champions and Ambassadors of Good Will and Sportsmanship for the City
of Delray Beach, Florida". In addition, the Commission presented the East Boynton Beach Little
League Team and Coaches with signed baseballs by the Commission and the key to the City.
The East Boynton Beach Little League Team came forward to accept their proclamations.
6.9.
Walk Our Children to School Day - October 8, 2003
Mayor Perlman read and presented a proclamation hereby proclaiming October 8,
2003, as Walk Our Children to School Day in the City of Delray Beach. Jim Smith came
forward to accept the proclamation.
At this point the City Commission moved to Item 4, Agenda Approval.
AGENDA APPROVAL.
Mayor Perlman requested Item 8.B., Resolution No. 68-03/Public Arts
Implementation Committee be removed from the Consent Agenda and moved to the Regular
Agenda as Item 9.A.1.
Mayor Perlman requested Item 8.E., Extension of Payment/Auburn Trace be
removed from the Consent Agenda.
Mayor Perlman stated there is additional information for Item 8.F., Florida
Teleport.
Mayor Perlman stated Item 7.A., the "Spotlight on Education" Presentation is
being moved to the City Commission meeting of October 7, 2003.
Mayor Perlman noted the addition of Item 9.L., County-Wide Level of Service
for Fire/Rescue, to the Regular Agenda by addendum.
Mayor Perlman noted the amended Exhibit "A" for Item 10.C, Resolution No.
64-03 (FY 2004 Budget Adoption).
Mr. Costin moved to approve the Agenda as amended, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0
vote.
APPROVAL OF MINUTES:
Mayor Perlman noted a correction on page 29 of the Minutes from the Regular
Meeting of September 9, 2003, and stated the word "mocking" should read "memorial". The
City Clerk so noted.
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09/23/03
Mrs. Archer moved to approve the Minutes of the Regular Meeting of September
9, 2003, as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission returned to Proclamations, Item 6.E.
Breast Cancer Awareness Month - October 2003
Mayor Perlman read a proclamation hereby proclaiming the month of October
2003 as Breast Cancer Awareness Month and October 17, 2003 as Mammography Day in Delray
Beach, Florida.
Mayor Perlman stated Skip Brown's wife who is recovering from Breast Cancer
has arranged for the "Mammo Van" to come to Delray Beach on October 8, 2003 from 9:00 a.m.
until 12:00 noon and give mammograms at a reduced rate for residents.
Ms. McCarthy stated this is outstanding that Mrs. Brown would be sensitive
enough to follow through to get this done and feels this is such a necessary cause. In addition,
Ms. McCarthy publicly announced there is stamp that has just been released as a fundraiser for
the Breast Cancer Society and its research.
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Order of the Sons of Italy in America Week - October 2003
Mayor Perlman read and presented a proclamation hereby proclaiming the week
of October 12, 2003 as Order of the Sons of Italy in America Week in the City of Delray Beach,
Florida. Ronald Albano came forward to accept the proclamation and invited everyone to attend
the 4th Annual Columbus Day Fiesta on October 11-12, 2003 at Veteran's Park.
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National Business Women's Week- October 19-24~ 2003
Mayor Perlman read and presented a proclamation hereby proclaiming October
19, 2003 through October 24, 2003 as Business Women's Week in Delray Beach, Florida. Zip
Zarga came forward to accept the proclamation and noted Commissioner Archer and
Commissioner McCarthy have both been invited to participate in the event to represent Delray
Beach.
At this point, the Commission moved to Item 7.A., Presentations.
PRESENTATIONS:
7.A. "Spotlight on Education" - Dr. Ian Saltzman~ Principal of Carver Middle
School and lan Piosker~ President of the Delra¥ Beach Youth Council
2003.
This item has been moved to the Regular City Commission Meeting of October 7,
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 6%03 (GRANT APPLICATION TO STATE OF
FLORIDA): Authorize the Delray Beach Public Library staff to submit an operating grant
application directly to the State of Florida to obtain operating funds for operations and
maintenance of the library.
The caption of Resolution No. 67-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY 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.
(The official copy of Resolution No. 67-03 is on file in the City Clerk's office.)
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.1.
8.C. CHANGE ORDER NO. 1/FINAL PAYMENT/HARDRIVES~ INC.: Approve
Change Order No. 1 in the mount of a $3,770.00 decrease, and final payment in the mount of
$10,577.50 to Hardrives, Inc. for the Cemetery Expansion Project. Funding is available fi.om
334-6111-519-63.90 (General Construction Fund/Other Improvements).
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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.
8og°
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.F. EXTENSION OF PAYMENT/FLORIDA TELEPORT: Approve a payment
extension request from Florida Teleport due to Department of Environmental Protection (DEP)
permitting issues.
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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).
8.H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for October 16, 2003 fi.om 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
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09/23/03
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.
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.
AWARD OF BIDS AND CONTRACTS:
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).
Purchase award to Team Equipment, Inc. in the amotmt 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).
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).
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 Syste~n 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 FumitureFFixtures), and 441-5112-536-64.12 (Office Equipment).
Mr. Levinson moved to approve the Consent Agenda as amended, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
REGULAR AGENDA:
9.A. 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. 3rd Street, between S.E. 5th Avenue and S.E. 6th Avenue. Requires a
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09/23/03
motion for reconsideration from a Commissioner who voted against approval. (Quasi-Judicial
Hearing)
Mr. Levinson moved to reconsider the appeal, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion to reconsider the appeal
passed with a 5 to 0 vote.
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 Heating
items held this evening.
Mayor Perlman asked the Commission to disclose any ex parte communications.
Mrs. Archer stated she had a conversation with Mr. Cary Glickstein this morning in addition to
receiving email from him. Mr. Costin stated he had a brief discussion with Mr. Cary Glickstein.
Mayor Perlman stated he received an email from Mr. Cary Glickstein requesting the
reconsideration. Ms. McCarthy stated she also received an email from Mr. Cary Glickstein,
spoke to Robert Currie, and received two additional emails she will forward to the City Clerk.
Mr. Levinson stated he received the email included in the agenda packet.
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.
Mr. Dorling stated Mallory Square was approved by SPRAB on December 21,
2001 and was approved subject to several conditions. One of those conditions being that a tot lot
be provided. Mr. Dorling stated that item was requested to meet Open Space and Recreation
Element Policy A-3.1 of the Comprehensive Plan policies which states: "Tot lots and recreation
areas serving children from toddlers to teens, shall be a feature of all new housing developments
as part of the design to accommodate households having a range of ages. This requirement may
be waived or modified for residential developments located in the downtown area, and for infill
projects having fewer than 25 units." Mr. Dorling noted this development has a total of 84 units.
The applicant has since completed more than one half of the development and
requested the elimination of the tot lot and its replacement with additional hardscape for the pool
area. This request was considered by SPRAB at their August 13, 2003 meeting and the request
was denied. The applicant then appealed the decision on August 22, 2003.
Mr. Dorling stated the applicant has put forth two arguments; the first being that
the demographics of the existing owners do not warrant the tot lot area. Mr. Dorling stated to
accept this argument the following factors would have to be ignored (1) these demographics may
change, (2) the current and future residents may not have dependent children but may have non-
custody children and grandchildren, and (3) that the current owners may not be the permanent
residents given the nature of real estate we are seeing today. Mr. Dorling stated given these
factors, staff cannot make the assumption that the owners of today do not need to have tot lots
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09/23/03
because they do not have any children. The applicant also puts forth an argument that area is
smaller than the area which was approved and that the planned equipment would not fit and
therefore creates a hazard. Mr. Dorling stated in order to accept this argument, staff would have
to ignore the fact that the internal landscaped areas within that area could be modified or even
eliminated to provide a greater area, or the choice of equipment should be revisited to be
equipment which is dimensionally compatible with that area. Staff recommends that the
SPRAB decision be upheld and the tot lot be provided at this site.
Cary Glickstein, speaking on behalf of Ironwood Properties, stated with respect to
Mallory Square, there are 84 homes on this property in the CBD zoning district and would have
accommodated up to 150 homes. In terms of density, Mr. Glickstein stated this is a third below
what the property could have been maxed out at and he is still having a difficult time fitting a tot
lot on the site. Mr. Glickstein expressed concern over safety with regard to tot lot and he feels
the policy needs some further discussion.
Mayor Perlman stated anyone from the public who would like to address the
Commission regarding the reconsideration of the appeal, to come forward at this time. No one
from the public came forward to speak in favor or in opposition.
The following discussion followed between Mr. Glickstein and the Commission.
Mrs. Archer asked how many people have purchased the units who are under the
age of forty. In response, Mr. Glickstein stated the largest group of purchasers is in the range of
mid to upper forties with childless households.
Mr. Costin asked if this was difficult to identify on the site plan until he went to
the construction phase of it or are we lacking something in our regulations that do not give Mr.
Glickstein the proper parameters for these tot lots. Mr. Glickstein stated this is the first time they
have had to consider a tot lot. When the request came in the initial staff report from the plan
submittal to SPRAB they shrunk the area of the pool deck and made what they thought would be
adequate room for the tot lot. Mr. Glickstein stated it seemed sufficient on the plan but after
measuring the distance it was very tight. Mr. Glickstein stated the pool deck has essentially been
cut in half to accommodate the tot lot and he feels the needs of urban infill need to be addressed.
Ms. McCarthy asked if the people who purchased these units purchased with the
anticipation that a tot lot was going to be there. Mr. Glickstein stated the tot lot is shown on the
plans but the expectations are not there for the tot lot. Mr. Glickstein stated most people see the
pool area as deficient in terms of seating.
Ms. McCarthy inquired about the safety concerns with regard to the equipment.
Mr. Glickstein stated if the equipment is used as it should be used then he feels this area is okay.
However, Mr. Glickstein stated if a child is playing he or she could fall off the edge of the
platform and strike a masonry wall about 3 ½ feet away. He is suggesting that the 3 ½ feet is
probably about the size or very close to the age group that would be using such equipment.
Mr. Levinson stated he feels this discussion should have happened at the
beginning of the SPRAB process and noted SPRAB has twice reviewed it and both times have
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09/23/03
said they want a tot lot. He is concerned that subsequent buyers would have children that would
be living there and stated he would like to see the tot lot stay because it is very attractive for very
small children.
Mrs. Archer expressed concern regarding this project being between northbound
and southbound Federal Highway and there is no place for the childrea~ to play without having to
leave the property.
Mr. Costin emphasized that he does not want to see the tot lots eliminated;
however, he would like to see some improvement and asked staff to review. Mr. Costin stated it
appears that the space which has been designated for the tot lot is insufficient and he feels this
should be reviewed to ensure that there is enough space for a safe environment for future
developments.
Mr. Levinson moved to approve the appeal, seconded by Mrs. Archer. Upon roll
call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - No; Mrs. Archer -
No; Mr. Levinson - No; Ms. McCarthy - No. Said motion to approve the appeal was denied
with a 5 to 0 vote.
At this point, the time being 7:02 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
PUBLIC HEARINGS:
10.A. RESOLUTION NO. 62-03 {MILLAGE LEVY): 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. 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. 62-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO
LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND
INTEREST ON BONDED INDEBTEDNESS, AND TO
ALLOCATE AND APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 62-03 is on file in the City Clerk's office.)
The City Attorney announced Resolution No. 62-03 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 millage rate of 8.00 mills is equal
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09/23/03
to the millage for fiscal year 2003. 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. 62-03, the public hearing was
closed.
Mr. Levinson moved to approve Resolution No. 62-03, seconded by Mr. Costin.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
10.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. 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. 63-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, TO LEVY A TAX ON ALL
PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT
AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION,
AND TO APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 63-03 is on file in the City Clerk's office.)
The City Attorney announced Resolution No. 63-03 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%.
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. 63-03, the public hearing was
closed.
Mr. Costin moved to approve Resolution No. 63-03, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
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09/23/03
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0
vote.
10.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. 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. 64-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, MAKING
APPROPRIATIONS OF SLIMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
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. 64-03 is on file in the City Clerk's office.)
The City Attorney announced 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 "A" to the resolution.
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. 64-03, the public hearing was
closed.
Mrs. Archer moved to approve Resolution No. 64-03, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
IO.C.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. Prior to consideration of passage of this item, a public hearing has been
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09/23/03
scheduled to be held at this time.
Paul Dorling, Director of Planning and Zoning, noted a correction to the Planning
and Zoning Board action and stated in the agenda memo it states that the Planning and Zoning
Board unanimously made a finding that both the Capital Improvement Plan (CI]?) and Capital
Improvement Budget (CIB) are consistent with the Comprehensive Plan. However, Mr. Dorling
stated the Board voted 6-1 (Peltzie dissenting).
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding this item, the public heating was closed.
Ms. McCarthy moved to accept the finding of the Planning and Zoning Board that
the Capital Improvement Plan and Capital Improvement Budget are consistent with the
Comprehensive Plan for fiscal year 2004, seconded by Mr. Costin. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes;
Mrs. Archer Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.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-1-AA (Single Family Residentia!l
to CF (Community Facilities) for a 0.795 acre parcel of land, located on the north side ofN.E. 6u'
Street between N.E. 8th Avenue and Palm Trail for St. Vincent Ferrer's Church. Prior to
consideration of passage of this ordinance, a public hearing has been scheduled to be held at this
time. (Quasi-Judicial Hearing)
The caption of Ordinance No. 28-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP DESIGNATION AS
CONTAINED IN THE COMPREHENSIVE PLAN FROM LD
(LOW DENSITY RESIDENTIAL 0-5 DU/AC) TO CF-C
(COMMUNITY FACILITIES-CHURCHES); ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZONING AND PLACING LAND
PRESENTLY ZONED R-I-AA (SINGLE FAMILY
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 6TM STREET, BETWEEN NE 8TM AVENUE
AND PALM TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A
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09~3~3
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
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 #2003-274 into the record.
Mr. Dorling stated the entire church property consists of 9.8 acres and was
originally zoned R-1-A (Single Family Residential). In 1990, with the Citywide rezoning the
north half of 6.43 acres was rezoned to CF (Community Facilities). The balance was not rezoned
because it contained some residential uses. The City Commission approved a City initiated
correction 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. Mr.
Dorling explained this is before the Commission at this time to accommodate some additional
acquisitions the church has made with three additional lots.
At its meeting of Augnst 18, 2003, the Planning and Zoning Board held a public
heating in conjunction with the Rezoning and FLUM amendment requests, the Board
unanimously voted 6-0 (Pike absent) to recommend that the request be approved 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.
At this point, the City Clerk swore in Mr. Doak Campbell.
Doak Campbell, Attorney, stated essentially they are trying to "clean-up" the
zoning situation and noted there is no building application at this time for any change in the
present site plan. However, in the event if something in the future would need to be done (i.e. a
covered corridor between the buildings) by doing this it would make the entire process easier.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 28-03, the public hearing was
closed.
Mr. Costin moved to adopt Ordinance No. 28-03 on Second and F1NAL Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
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09/23/03
10.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. 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. 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 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.
(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. 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 Ordinance No. 30-03, the public hearing was
closed.
Ms. McCarthy moved to adopt Ordinance No. 30-03 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin
- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes.
Said motion passed with a 5 to 0 vote.
10.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. 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. 31-03 is as follows:
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 DELRAY BEACH, BY
AMENDING SECTION 53.130, "USER CHARGES;
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09/23/03
WHOLESALE SEWER RATES; CALCULATION OF SEWER
SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR
INCREASED RESDENTIAL 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. 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.
Olonzo Holloman, 610 S.W. 6th Avenue, Delray Beach, stated he would like an
explanation regarding the proposed sewer rate increase.
The City Manager stated sewer waste is treated by the South Central Regional
Wastewater Treatment and Disposal Board (SCRWTDB) which is a joint facility operated by
Delray and Boynton Beach. These costs have gone up for the first time in approximately thirteen
years and the increase is .09 per thousand gallons and therefore the increase for Mr. Holloman
will be approximately .90 cents to $1.00 per month.
Lisa Schuchert, 2707 Peer Lane, Delray Beach, commended the Commission for
sending postcards to the public and stated she believes this will generate more interest fi.om the
residents with regard to people attending and participating in the Commission meetings. Mrs.
Schuchert asked how the .09 cents was determined.
The City Manager stated this is based on the increase in costs and a big part of it
is due to the increase in electricity costs which is a big part of the cost for treating sewage. In
addition, the City Manager stated we are no longer able to spread sludge (which is what is left
after you get the treated liquid out of sewage) but instead have to dry it. The City Manager
stated the City of Delray Beach along with a number of other cities is in the process of building a
pelletization plant which converts the sewage into fertilizer and capital dollars are being used to
build the plant.
Clara Gadson, 509 S.W. 10th Street, Delray Beach, stated she lives alone and
expressed concern over the proposed rate increase. She feels it is not fair that she pay the same
rate as someone who has six or seven people living in their home.
The City Manager stated the cost varies depending on how much water is used
and reiterated that the proposed increase is .09 per 1,000 gallons. The City Manager suggested
she contact the Utility Billing staff to see if they can check for possible leaks because of the
amount of water she is using seems excessive.
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09~3~3
There being no one who wished to address the Commission regarding Ordinance
No. 31-03, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 31-03 on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes.
Said motion passed with a 5 to 0 vote.
10.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. 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. 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 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. 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.
Mary Alford, 31 N.W. 14th Avenue, Delray Beach, strongly opposes increasing
the landlord permit fees from $15.00 to $30.00 per unit per year and stated the fee is another
legal reason to extract funds from someone. Mrs. Alford stated when a person owns a piece of
property as their livelihood she feels it is unfair for the system to claim a part of that income
especially since the owner is already required to pay taxes.
Jim Kemp, 903 Miramar Drive, Delray Beach, inquired how staff arrived at
doubling the landlord permit fee. In response, the City Manager stated the increase was based on
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09/23/03
what other cities are charging and staffalso looked at the cost for the City to set up a program for
landlord education and inspection of rental units. Mr. Kemp inquired about the landlord
education program. The City Manager stated there are some areas where landlords have
problems that staff believes could be either eliminated or greatly reduced if they had better
education on how to manage their units (i.e. selection of tenants, handling of maintenance, etc.).
The City Manager stated this fee has not been increased since 1994.
There being no one who wished to address the Commission regarding Ordinance
No. 35-03, the public hearing was closed.
Pr/or to the vote, Mayor Perlman stated this is a program the Police department
has been requesting for a number of years in terms of landlord education. Furthermore, Mayor
Perlman stated this increase still puts the City of Delray Beach lower than many nearby cities.
Mayor Perlman continued to state this is not just an educational program but there is safety
issues involved as well with regard to inspection. Mayor Perlman stated when he talks to the
homeowner's associations a lot of the major problems we have in neighborhoods are created by
the absentee landlords and he feels the inspection program will make it safer for neighborhoods.
Mr. Costin moved to adopt Ordinance No. 35-03 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; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
10.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. l0th
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. Pr/or to consideration of passage of this
resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 66-03 is as follows:
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.
(The official copy of Resolution No. 66-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the resolution. A public hearing was held
having been legally advertised in compliance with the laws of the State of Flor/da and the
Charter of the City of Delray Beach, Florida.
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09/23/03
The City Attorney stated this is a resolution where the City of Delray Beach is
selling property located on the comer of Wallace Drive and S.W. l0th Avenue to Mr. J. David
William H. Roof and Linda M. Roof in the amount of $10,000.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Resolution No. 66-03, the public hearing was
closed.
Mr. Levinson moved to approve Resolution No. 66-03, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
10.I. 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. 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. 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 DELRAY 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 Attomey 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.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 36-03, the public hearing was
closed.
Mr. Levinson moved to adopt Ordinance No. 36-03 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Perlman Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes.
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09/23/03
Said motion passed with a 5 to 0 vote.
10.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. Prior to
consideration of passage of this ordinance, a public heating has been scheduled to be held at this
time.
The caption of Ordinance No. 29-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY 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 SAVING 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. 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 Ordinance No. 29-03, the public hearing was
closed.
Mrs. Archer moved to adopt Ordinance No. 29-03 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Peflman -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
ll.A.
Ci~, Manager's response to prior public comments and inquiries.
With regard to a prior inquiry about an abandoned house located at 1331 N.W. 3~a
Street and vagrants in the house, the City Manager stated the Police in the district have inspected
the residence and at that time there was no evidence of anyone occupying the home. The City
Manager stated Code Enforcement will ensure that the home is securely boarded up and the
officers in the district will continue to conduct extra patrols to monitor the property. The City
Manager stated there was a nuisance abatement case on the property to clean and mow it and this
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09/23/03
was taken care of last week. In addition, there was an abandoned vehicle and vehicle parts
which has been removed presumably by the owner of the vehicle.
ll.B.
From the Public.
ll.B.1. Mary Alford, 31 N.W. 14th Avenue, Delra¥ Beach, stated she received a notice
from the Post Office indicating her mailbox needs to be located close to the street so the mail
carrier does not have to get out of their vehicle. Mrs. Alford stated because of the way her
property is situated if she indeed relocates the mailbox it will be on the other side of the sidewalk
which will consequently place the mailbox in the swale almost into the street.
Mayor Perlman advised staff to contact Dave Clark, Postal Supervisor in Delray
to see what information can be obtained regarding this issue.
ll.B.2. Richard McGloin, 2275 N. Swinton Avenue, Delra¥ Beach, stated when the
Seacrest Neighborhood Plan was being worked on the Post Office sent a notice to this entire
neighborhood as well and tried to enforce it. Mr. McGloin stated to his knowledge the Post
Office has no reason to enforce this and the regulation is they must get out of the mail track and
go to the home. Mr. McGloin stated he was not personally involved in the process to know how
it was all resolved but he would think the President of the Association could possibly assist.
Mayor Perlman asked the City Manager to direct Lula Butler, Director of
Community Improvement to contact Mr. Clark about what the regulations are and then staff will
provide Mrs. Alford with the information.
ll.B.3. Lisa Schuchert, 2707 Peer Lane, Delrav Beach, stated she lives in the Imperial
Villas development and expressed concern over the roofing conditions and the roofing company
making repairs. Mrs. Schuchert stated 80% of the roof repairs are not being done to Code.
Mrs. Butler stated there is a lot of correspondence with regard to this issue and
noted she will be glad to share this information with Mrs. Schuchert.
At this point, the Commission moved to Item 9.A. 1. of the Regular Agenda.
9.A. 1. RESOLUTION NO. 68-03/PUBLIC ARTS IMPLEMENTATION
COMMITTEE: Approve Resolution No. 68-03 extending the term of the Public Arts
Implementation Committee until March 31, 2004.
The caption of Resolution No. 68-03 is as follows:
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.
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(The official copy of Resolution No. 68-03 is on file in the City Clerk's office.)
Richard McGloin, Chair of the Public Arts Implementation Committee, stated he
was asked to proceed with this resolution and extend the time allowing the Implementation
Committee time to work on the art ordinance project. Mr. McGloin stated although this is
referred to as public art he feels it is much more than just statues on the street. Mr. McGloin
stated in the Master Plan there is a direct statement to be both on the avenue and in the
neighborhoods it also talks about preserving the character and the heritage and the ethnic
diversity and the charm of the City. Mr. McGloin stated if the Commission extends the
Committee they will do the following: (1) change the focus to literally create an Art Master Plan
for the City, (2) guidelines to the ordinance on how to administer it, (3) certain documentation
will be created for the Planning and Zoning Department, (4) perform a public art needs
assessment study in order to help backup the ordinance, (5) create the not-for-profit corporation
which now has the name Delray Beach Public Art, Inc. and (6) seat the Board of Directors
ensuring it is very diverse in representation. Mr. McGloin stated he will come back to the
Commission in approximately two months so they can review the total package which reflects
what the Commission's direction is as discussed at the November 2002 Workshop Meeting (a
civic participation, a private participation and not-for-profit administration of the package). Mr.
McGloin stated he is not only requesting a vote of confidence in this process to motivate a Board
of Directors but also wants to give them some assurance with the likelihood of success. Mr.
McGloin stated he is not requesting the Commission to pre-approve anything this evening except
for the fact that the Commission is still committed to the goals set in November 2002 for this
project in order to move forward.
Ms. McCarthy stated this is one of the first times of a Master Plan that is being
developed without citizen input and asked Mr. McGloin if he is proposing to do something of
that nature. In response, Mr. McGloin stated the citizen input has been part of Visions 2010 and
part of the Master Plan and commented that the only visioning part of this Master Plan would be
what we do with the civic art portion. He explained he is not proposing to bring this to the
Commission but instead he would bring forward examples. Mr. McGloin stated he brought
forward to the Commission as Pineapple Grove the Art Walk Plan which showed what could be
done in potential locations. Mr. McGloin stated that portion is what he would like to bring
forward now and commented that the Committee does not intend to do anything that would make
citizen decisions in this Plan. Mr. McGloin stated the Committee is trying to bring together the
package that would give the Commission the better definition of what the ordinance is. Mr.
McGloin stated the Committee would like to bring forward all the backup material that should go
with this ordinance and with regard to the public art portion the Committee would like to give
examples of what it can be and not a plan of what it is. Mr. McGloin stated the Plan of "what it
is" requires citizen input and that portion should be charged to the not-for-profit that is doing the
administration. Mr. McGloin stated this ordinance has civic money in its trust that is to be spent
on public art. Mr. McGloin stated the Committee is going to give the Commission an outline or
the roadmap of what the Plan should be.
Mr. Levinson stated he thinks it is premature to create the Board and the
organization at this point. Mr. Levinson stated there are many things to take into consideration
with regard to funding, etc. and commented he is not sure having a Board in place prior to all of
this happening saves any time. Mr. McGloin stated it is not necessary to create the Board to do
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09/23/03
the things he has outlined for the Commission this evening. Mr. McGloin stated there are
approximately five public art projects outside of what the ordinance domain would be which that
organization could handle.
Mr. Costin stated we have identified some of the things that are lacking and he
feels it is time to move forward and correct the inadequacies that we had previously.
Mayor Peflman stated traditionally creating the Master Plan there were
opportunities for public input. Mayor Perlman stated he understands the public has spoken at
Visions 2010 and through the Downtown Master Plan process but this was part of larger efforts.
Mayor Perlman stated he does not feel there is widespread awareness of what public art is
throughout the City and in doing the Master Plan he feels it is important to go out and engage a
consultant that would get some input from various sectors of the City. Mayor Perlman stated this
may help to build momentum for what Mr. McGloin is trying to accomplish and feels public
input will be beneficial for everyone.
Mr. McGloin stated this resolution that created this body originally had funding of
$20,000 and $4,000 of that has been spent. Mr. McGloin stated the balance could include what
the Mayor is talking about without any problem.
After discussion, the Commission gave direction for Mr. McGloin to go forth with
a Master Plan with a consensus that there is public input. In addition, the Commission agreed to
reach the November workshop goals as discussed.
Mrs. Archer moved to approve Resolution No. 68-03, seconded by Mr. Costin.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0
vote.
9.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.
Joe Safford, Finance Director, stated he recommends that the City of Delray
Beach assign its franchise agreement to Waste Management and noted the City Attorney has
structured a new five year contract effective October 1, 2003 with an option of a five year
renewal. Mr. Safford stated everyone should see an increase in the level of service and
cleanliness throughout the city.
With regard to Mr. Safford's comment about how we should see an increased
level of service and cleanliness and if the same workers are going to be used, Mrs. Archer asked
how this will be affected. In response, Mr. Safford stated when BFI was taken over by Allied,
Allied Waste did not provide BFI with the resources to properly perform their job and Waste
Management has the resources to address all of the problems in Delray Beach. The City
Manager stated it is the City's opinion that BFI has not assigned adequate equipment to service
our needs and when they have equipment that breaks down there appears to be no backup
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09/23/03
available.
Mayor Perlman asked if Waste Management has agreed to all the terms as listed
in the agreement. Brian Shutt, Assistant City Attorney, stated they have agreed to Amendment
No. 1 of the Franchise Agreement. Mayor Perlman expressed concern over potential legal
disputes in the future with Waste Management. Mr. Safford stated he feels there is adequate
protection in the agreement now for the City with regard to any potential legal issues.
Ms. McCarthy asked if this is a better contract that protects the City so that there
are not the same loopholes in the contract. In response, Mr. Safford stated there is now legal
verbiage in the Franchise Agreement and the Consent to Assignment Agreement with Waste
Management. Mr. Safford reiterated he feels there is adequate protection for the City if Waste
Management were to litigate against the City.
Mayor Perlman stated Waste Management has done a great job for the City in the
past and inquired if they are keeping some of BFI's personnel. In response, Mr. Safford stated in
the meeting with Waste Management he applauded Sally Stanton as his primary contact person
for resolving problems on both sides (i.e. problems with customers and problems with BFI's
performance). Mr. Safford stated he has been reassured she will be the primary contact for
Waste Management. Mayor Perlman asked if zones and days of pickup are being changed. Mr.
Safford stated to his knowledge there is no change in zones and no change in days at this time.
Mr. Safford stated this would have to be understood that nothing is going to change in that regard
unless they come and negotiate with the City.
Ms. McCarthy moved to approve the Consent to Assignment with Waste
Management, Inc. and approve a five (5) year extension to the term of the agreement, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
9.B.1. AMENDMENT NO. 1/SOLID 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.
Mr. Costin moved to approve 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, seconded by Mrs. Archer.
Mr. Levinson stated he would like to amend the motion to include two changes
with regard to the 7:00 a.m. start time under the section of hours of recycling of collections and
solid waste collection hours in the agreement. Mr. Levinson stated he would like to see Monday-
Friday be residential pickup, Saturday, 7:00 a.m. in multi-family residential or in commercial
abutting within 150 feet of residential for both solid waste and recycling. Mr. Levinson stated he
would like this clarified so there is no misunderstanding that they are either a single family
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09/23/03
residential neighborhood; a commercial neighborhood within 150 yards of a residential
neighborhood; or a multifamily neighborhood, and in these three instances pick up would not be
before 7:00 a.m. on Saturdays only.
Harold Carter, District Manager, stated when the question was first asked of him
his initial response was whatever the Commission wishes he would certainly like to do. In
reviewing that, Mr. Carter explained there are some situations that have arisen regarding the
appropriate start time. Mr. Carter stated their employees work a sixty hour week and stated the
current BFI operation has not been careful with keeping them to an appropriate start time.
Mr. Levinson stated many people have expressed concern about the start time
being before 7:00 a.m. Ms. McCarthy stated the people who live in multi-family who are within
those 150 feet of commercial are complaining about the noise being generated before the 7:00
a.m. start time on Saturdays as well. Mr. Carter stated there are larger issues in other parts of
Palm Beach County regarding the verbiage in the contract.
Mr. Levinson stated he feels it would be helpful to work with Waste Management
on a door hanger program or something printed on the side of their garbage trucks to alert people
that there is a new company.
Mrs. Archer stated she is opposed to moving the start time to 7:00 a.m. on
Saturdays because she feels this is unfair to the workers who work everyday on a repetitive basis
and noted the only time they have to go home is Saturday evening and Sunday evening.
Mr. Levinson moved to approve Amendment No. 1 to the Solid Waste Franchise
Agreement between the City and Waste Management, Inc. as amended to include the Saturday
start time of 7:00 a.m., seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
9oCo
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.
Due to a Conflict of Interest, Mayor Peflman stepped down and passed the gavel
to Vice Mayor Levinson.
Mr. Costin moved to approve granting the facade easement to the CRA in
exchange for the CRA granting to the Delray Beach Historical Society $50,000 for the
renovation of the 1925 Bungalow, seconded by Ms. McCarthy. Upon roll call the Conunission
voted as follows: Ms. McCarthy - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor
Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.C.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
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09/23/03
Historic Facade Architectural Control and Redevelopment Easement conditions and
requirements.
Mrs. Archer moved to approve 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 Fagade Architectural Control and Redevelopment
Easement conditions and requirements, seconded by Mr. Costin. Upon roll call the Commission
voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.D. CONTRACT AWARD/ARTHUR J. 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.
At this point, Mayor Perlman retumed to the dais.
Joe Safford, Finance Director, distributed a revised memo and gave a brief
scenario of this item. He stated the City would like to retain ownership of a claim so that we can
handle our own claims with our legal staff as opposed to the legal people of the insurance
companies. Mr. Safford stated the recommended premiums are $1,158,449 which is less than the
current year premiums with a savings of $368,000 from the initial budget that was submitted.
Mr. Safford stated staff went through approximately nine companies with different options and
different structures. Mr. Safford stated with regard to worker's compensation the market is
getting very restrictive. Staff recommends awarding the contract to A.J. Gallagher.
Mr. Costin commended Mr. Safford for all his efforts.
Mr. Levinson inquired about the terrorist coverage.
Lisa Rodriguez, representing Arthur J. Gallagher, stated the coverage that was
quoted to the City for terrorism is called TRIA (Terrorist Risk Insurance Act). Mrs. Rodriguez
stated it would cover those acts of terrorism that would fall under the Act that are declared by the
Federal government as falling as a true terrorist act as defined by the Act of 2002.
Mayor Perlman asked if there is any legislation that would provide a pool for this
in the event there was a regional case of terrorism. Mrs. Rodriguez stated that was proposed
after the September 11, 2001 terrorism acts and the response by the Federal government was the
Terrorism Risk Insurance Act of 2002. Mrs. Rodriguez stated it would be possible that FEMA
may be able to respond if there was a terrorism act.
Mr. Levinson commented about the pollution and pollution remediation coverage
and asked if South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB)
would carry any coverage on the transmission line which goes through the City. Mr. Levinson
stated it appears to him that would be an area where there would he the greatest exposure on this
not necessarily a single pumping station. The City Manager stated staff felt it was expensive and
felt the risk of high dollar figure damage occurring was extremely remote and not worth the cost
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09/23/03
of the coverage. Mr. Levinson stated approximately 1 ½ years ago there was a spill at the plant
into a canal and there were a lot of costs involved. Mr. Levinson expressed concern over the
amount of sewage the pipeline carries and that the pipe extends through Lake Ida Road.
Therefore, Mr. Levinson stated he would like to see the SCRWTDB carry the coverage.
Prior to the vote, Ms. McCarthy echoed comments expressed by Commissioner
Levinson.
Mr. Costin moved to approve the renewal contract award to various insurance
companies as recommended by Arthur J. Gallagher (from the updated memo dated September
23~d) with the direction to look at the concerns raised by Commissioner Levinson and direct staff
to look further into the Terrorist Risk Insurance Coverage, seconded by Mrs. Archer. Upon roll
call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.E. REQUEST 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. 13th Avenue. Mr. Klasfeld is prepared to
pay the City's out-of-pocket expenses in the amount of $2,685.75. Staffrecommends approval.
Ms. McCarthy declared a Conflict of Interest with this item and stepped down.
Lula Butler, Director of Community Improvement, stated this is a request from
Alan Klasfeld with Real Estate Depot for his property located at 204 N.W. 13th Avenue. Mrs.
Butler stated this particular real estate owner has already constructed a new single family home
and currently has a contract on it. Mrs. Butler noted a correction in the agenda memo and stated
the sale price of the home should read $135,000. Mr. Klasfeld had four contracts on this home
and took the lower cost for the affordable unit to accommodate the first time homebuyer. Mrs.
Butler stated Mr. Klasfeld has already passed on a savings because the other three contracts were
higher than the $135,000 price and he is requesting that the Commission take this into
consideration. Mrs. Butler stated Mr. Klasfeld does not want to have to split the benefits of this
reduced lien because he has already given a reduced price to accommodate the first time
homebuyer in this case.
Mr. Levinson stated Mr. Klasfeld probably was aware when he purchased the
property that these liens existed and feels he should have taken care of these liens at that time.
However, Mr. Levinson stated on the other hand he has done what the City has asked people to
do which is to not just buy a lot with a tax lien but to build something on it.
Mrs. Archer moved to approve the request from Mr. Alan Klasfeld to reduce the
amount of liens from $6,091.26 to $2,685.75 on the property addressed at 204 N.W. 13th Avenue
with payment to be paid in full within 30 days, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes. Said motion passed with a 4 to 0 vote.
9.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
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their web page.
At this point, Ms. McCarthy returned to the dais.
The City Attorney stated the request before the Commission is from Gabriel,
Roeder, Smith and Company for the use of the City's logo.
Mr. Levinson suggested one condition be anytime the City of Delray Beach logo
is used that it be hot linked to the City of Delray Beach website. Secondly, Mr. Levinson stated
he feels we should encourage and direct staff to come back with a blanket policy so it does not
have to come back to the Commission every time they want to put it on their website.
Mrs. Archer stated she would like to be sure that the logo cannot be printed off
and utilized in some other area. Mr. Levinson stated he is not concerned with someone stealing
the City's logo. However, Mr. Levinson stated he wants people to be able to just click on the
logo and hot linked driven to our website.
Mayor Perlman stated the Florida League of Cities may have a model policy for
this type &thing that the Commission can adopt.
Prior to the vote, it was the consensus of the Commission to direct staff to come
back with a policy.
Mrs. Archer moved to approve the request from Gabriel, Smith and Company for
the use of the City of Delray Beach logo on their web page with the caveat that the logo be used
as a hot-link to the City's webpage, seconded by Mr. Levinson. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
9.G. SPECIAL EVENT REQUEST/OLD SCHOOL SQUARE 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 ofN.E. 1st Avenue
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.
Joe Gillie, Executive Director of Old School Square, stated all the events will be
fenced in and noted Old School Square staffcan remove the fence the evening of December 12th
so that the Kids Day at the Tree event would still be able to operate on December 13th. Mr.
Gillie stated the event is a contained event at Old School and he understands there is a concern
with traffic control. Mr. Gillie stated this is a first time event and it is possible that there would
be 1,000-2,000 attendees. In addition, Mr. Gillie stated his staff would provide the onsite
security.
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09/23/03
The City Manager stated May 8th and 9th is the Caribbean Festival and if this
event relocates to the Tennis Center then these dates will not be a problem. However, the City
Manager stated December 12th would be a problem because the City does not have the sufficient
staff support to work at the events for three consecutive days.
The City Manager expressed concern over the policy being violated for the
December 12th date.
Mayor Perlman stated there may be some flexibility toward the end of November
or beginning of December.
Further discussion followed between Mr. Gillie and the Commission.
Mr. Gillie stated he would be willing to work with the City regarding the
December 12th date to see if there are other alternatives.
Mr. Costin moved to approve thc special event request for the Concert Series
sponsored by Old School Square with the caveat that the December 12th 2003 be worked out
between staff and Mr. Gillie and encourage the Caribbean Festival scheduled for May 7, 2004, to
relocate to the Tennis Center; subject to the items outlined in the Assistant City Manager's
memorandum as recommendations, and direct staff to consult with the Police Department for
traffic control coverage on December 12, 2003, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9oHo
DELRAY BEACH PUBLIC LIBRARY/BOND REFERENDUM REQUEST:
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.
Mayor Perlman stated this is a request for the Bond Referendum to include an
additional $1 million for the purchase of books and equipment for the new library. Mayor
Perlman stated the policy question is "Do you want to add library fimding to this bond issue?"
Mayor Perlman explained the City Manager's recommendation of it not being good fiscal
practice to finance books over a 20 year period. Mayor Perlman stated he had the opportunity to
speak to Mr. John J. Callahan III, Director of the Delray Beach Library and Mr. John Burke with
the Board of Directors for the Library and believes they are amenable to being part of the bond
issue for other capital costs that they will incur with the new library.
Terry File, representing the Library Board, stated they have raised approximately
$6.5 million of which the City has contributed some of this money. The Board is going fonvard
with the ground breaking ceremony in March and stated this project will benefit everyone. Mrs.
File stated the Board is asking for further support from the City because this building will be a
broad based City building and is for the entire community.
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09/23/03
Mrs. Archer stated she does not have a problem with adding this to the Bond Issue
because individuals will have the opportunity to vote on it. However, Mrs. Archer stated she
does have a problem approving this for a non-capital item although she feels this can be
resolved.
Mr. Costin stated the City could elicit tremendous support for the Bond Issue
from the citizens in the community and he wholeheartedly supports.
Mr. Levinson stated he is not in favor of the Bond Referendum request to include
an additional $1 million and it is not because he is not in favor of the library. Mr. Levinson
stated the City has committed to the $2.5 million and City has already made a commitment to the
library. Mr. Levinson continued to state he cannot support this request because he does not feel
the City has afforded the same opportunity to other organizations in the community that we are
now about to afford the library. Mr. Levinson stated he is uncomfortable with taking one
organization and placing them on the ballot.
Ms. McCarthy stated she has always felt the City would get a state of the art
library when the Commission was making consideration of how many dollars we were going to
contribute. Ms. McCarthy concurs with comments expressed by Mr. Levinson and stated there
are other agencies and entities that the City could have coupled with this bond money that have
not been approached. Therefore, Ms. McCarthy stated she is uncomfortable with supporting this
request.
Mayor Perlman stated this would help sell the bond and supports the request.
Mayor Perlman stated the public library is of use to everyone and overall feels the library and
Old School Square are both unique and emphasized these are the two groups he will support.
Mayor Perlman feels this is a good move but does not think there is a consensus to finance
books.
Mrs. Archer stated this is a unique situation because the library serves anyone of
any age through the entire community and strongly supports the Bond Referendum request.
After brief discussion, the Commission agreed that the proposed Parks Bond
Referendum should be for capital purchases only therefore excluding the purchase of library
books.
Mr. Costin moved to approve the request from the Delray Beach Public Library
Association, inc. to include an additional $1 million in the proposed Parks Bond Referendum for
capital purchases only, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - No. Said motion passed with a 4 to 1 vote.
9.I~ 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.
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Lula Butler, Director of Community Improvement, stated this is a request from
the Board of Directors for the Village Foundation in the amount of $43,455.00 to purchase a 29
seat passenger bus for various program activities. Mrs. Butler requested that the City provide a
temporary loan for sixty (60) days while staff meets its compliance issues of the contract with
Children Service Council (CSC) and then they will reimburse the City.
Joe Gray, Interim Director of the Greater Delray Beach, Inc. d/b/a Village
Foundation, stated the agency did try several other courses for procuring the bus however it was
not possible to do so.
For clarification, Mrs. Archer stated this is about approval of a reimbursable loan
with the Village Foundation in the amount of $43,455 payable in sixty (60) days.
Mrs. Archer moved to approve the 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, seconded by Ms. McCarthy.
Mr. Levinson stated he wished to amend the motion to include that a lien be filed
at the purchase of the loan on the vehicle which would be satisfied at the time of repayment,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
9oJo
CITY ATTORNEY EVALUATION
The City Commission briefly commented on the City Attorney's performance
evaluation for the past year.
Mr. Levinson moved to approve a five percent (5%) performance increase for the
City Attorney, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
9.K. CITY MANAGER EVALUATION
The City Commission briefly commented on the City Manager's performance
evaluation for the past year.
Mr. Costin moved to approve a five pement (5%) performance increase for the
City Manager, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman Yes; Mr. Costin -
Yes. Said motion passed with a 5 to 0 vote.
9.L. COUNTY-WIDE LEVEL OF SERVICES/FIRE/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.
-29-
09/23/03
The City Attorney stated this would enable the City of Delray Beach to work with
Boca Raton as a lead agency and also other cities such as Boynton Beach, Lake Worth, and West
Palm Beach so that if we need to challenge the proposed ordinance mandating county-wide
fire/rescue and dispatch service standards then we could pool our resources and have Boca Raton
be the lead agency on the case.
Mayor Perlman stated he feels this is a "home rule" issue and there are a lot of
things that he is uncomfortable with. Mayor Perlman stated the City Manager has spent many
hours working with other City Manager's throughout the County and elected officials through
the League of Cities. Mayor Perlman stated he has talked to Jamie Titcomb and has had various
conversations with County Commissioners with regard to this issue. Mayor Perlman stated he
hopes we find a way to work through the issues and cover the concerns that the County has
without a referendum.
Mr. Costin asked what the position is of the local league of cities. Mayor Perlman
stated the local league is very much opposed to this proposal.
Mrs. Archer stated she feels it is important as mtmicipalities to show that we are
indeed in support of this agreement.
Mayor Perlman stated we have customized our fire/rescue and dispatch services
and invested money and staff where necessary. He feels the City of Delray Beach is going to
make additional investments in terms of the Chief requesting more firefighters.
Mr. Levinson stated the City of Delray Beach has strategically located fire
stations and he feels the County should have incorporated more cities.
Mayor Perlman stated he hopes they will hold off on the referendum so that they
will have the opportunity to negotiate and commented he believes the vote will be October 23m.
Mayor Perlman stated County firefighters are very much in favor of this and County
Commissioners are very regional in their approach.
Mr. Costin moved to approve the agreement for coordinated opposition to Palm
Beach County's proposed ordinance mandating county-wide fire/rescue and dispatch service
standards, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
FIRST READINGS:
12.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
-30-
09/23/03
for October 7, 2003.
The caption of Ordinance No. 39-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 101 OF THE CODE OF ORDINANCES OF THE
CITY 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 ORDER TO PROVIDE FOR THE
SAFETY OF CITIZENS AND TOURISTS ENJOYING THE
CITY OF DELRAY BEACH'S MUNICIPAL BEACH BY
PROHIBITING 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 SAFETY OF CITIZENS AND TOURISTS
ENJOYING THE CITY OF DELRAY BEACH' S
MUNICIPAL BEACH BY PROHIBITING KITEBOARDING
AND PARASAILING ON THE MUNICIPAL BEACH SITE
AND PROHIBITING KITE-FLYING AND W1NDSURFING
EXCEPT IN DESIGNATED AREAS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 39-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mayor Perlman stepped down and passed the gavel to Vice Mayor Levinson.
The City Attorney noted a change to the ordinance and stated after the word three
hundred feet (300') additional language should be added to include the following words: "north,
south or east".
Mrs. Archer stated this does not affect similar maintenance vehicles. The City
Attorney explained there is an exception provided in the ordinance for these types of vehicles.
Mr. Levinson inquired if everyone is comfortable with the various terms that are
used. Terrill Pyburn, Assistant City Attorney, stated to her knowledge City staff is comfortable
with the ordinance and she has met with various kite boarders and para-gliders as well as the
Beach Property Owner's Association (BPOA).
-31-
09/23/03
Mr. Costin moved to approve Ordinance No. 39-03 as amended on FIRST
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 4 to 0 vote.
12.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.
The caption of Ordinance No. 37-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, AMENDING CHAPTER 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.
(The official copy of Ordinance No. 37-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Costin moved to approve Ordinance No. 37-03 on FIRST Reading, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 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 heating will be scheduled for October 7, 2003.
The caption of Ordinance No. 34-03 is as follows:
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,
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09/23/03
"RETURN OF THE VEHICLE PRIOR TO ADMINISTRATIVE
HEARING," SECTION 73.06, "APPEAL," SECTION 73.07,
"UNCLAIMED VEHICLES", PROVIDING FOR
IMPOUNDMENT OF MOTOR 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 SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 34-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Costin moved to approve Ordinance No. 34-03 on FIRST Reading, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion
passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 33-03: An ordinance mending 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.
The caption of Ordinance No. 33-03 is as follows:
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 BECH, 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 VEHICLE," ENACTING A NEW SECTION
73.18, "SALE OF IMPOUNDED VEHICLE," PROVIDING FOR
SALE OF IMPOUNDED VEHICLE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
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09/23/03
EFFECTIVE DATE.
(The official copy of Ordinance No. 33-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 33-03 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
13._.:.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City ManaRer.
The City Manager thanked the Commission for their continued support and
confidence with regard to his annual performance evaluation.
The City Manager stated with regard to the Budget, he received a new Exhibit
"A" today which shows the additional savings and insurance going into Reserves. The City
Manager stated what he intends to propose is there are still a number of Police cars to buy to
finish out the City's "Take Home Car Program" and it will be a source of funds for this program.
With regard to Commissioner Archer's concern about the fencing around the
Atlantic High School construction site particularly the eastern access to the Temple Sinai parking
lot, the City Manager stated for security, public safety and construction management reasons, the
contractor routinely erects fencing around construction sites. The City Manager stated entire
properties have been secured in this manner with access gates located at strategic points; one of
those gated points is at the easterly driveway access to the Temple Sinai parking lot. The
contractor has coordinated with the Temple Sinai staff and allows the opening of the gates at that
point as needed by the Temple. The City Manager stated in conversations with the Temple Sinai
staff, they have expressed the intention of ultimately getting all access points to their parking lot
including the primary access for Coral Trace Boulevard to control traffic through the area. The
City Manager stated because of the pro-active coordination by the contractor ruling that the site
security fencing has not become an issue insofar as it impacts the Temple Sinai access.
With regard to Commissioner Levinson's concern about handbills being left on
vehicles, the City Manager stated the City Attorney has drafted a letter and those have been sent
to the parties who distribute the handbills. The City Manager stated staff will follow up with
some personal contacts and monitor the downtown area over the next few months to minimize
their activity.
The City Manager stated he traveled to Orlando last night to attend a class this
morning on how to learn how to use the priority management systems on the computer. The City
Manager stated he has used the priority management systems for approximately fifteen years and
wanted to learn it on the computer.
-34-
09/23/03
13.B. City Attorney.
The City Attorney thanked the Commission for the positive comments with
regard to her annual performance evaluation.
13.C.
13.C.1.
13.C.2.
13.C.3.
13.C.4.
City Commission.
Commissioner Archer
Commissioner Archer had no comments or inquiries on non-agenda items.
Commissioner McCarthy
Commissioner McCarthy had no comments or inquiries on non-agenda items.
Commissioner Levinson
Commissioner Levinson had no comments or inquiries on non-agenda items.
Mayor Perlman
Mayor Perlman stated the Commission should get their "wish list" together for the
State legislature. Mayor Perlman stated he talked to the City Manager about coordinating the
City's legislative issues soon and communicate this with Kathy Daley and the delegation. Mayor
Perlman also suggested that this item be placed on the next Workshop agenda.
Secondly, Mayor Perlman stated he received a letter from Mayor Romano of Lake
Worth asking for per capita donations to relieve the people who were impacted by the Tornado in
Riviera Beach. Mayor Perlman stated the donation is ten cents per capita and suggested this item
be placed on the next Workshop agenda.
Mayor Perlman stated the United Way is leading a local campaign to help people
who are qualified to receive the earned income tax credit. Mayor Perlman stated the United Way
would like to set up a tax preparation facility somewhere in the community. Mayor Perlman
stated 63 percent of the filers in Delray Beach were eligible for this and it is estimated
approximately $2 million could come back to Delray Beach if people would take advantage of
this program.
Mayor Perlman stated he traveled to Orlando a few weeks ago for a Florida
League of Cities legislative matters and he was in a task force on criminal justice and there was
discussion regarding Article V. Mayor Perlman stated the Florida League of Cities is requesting
that the City of Delray Beach compile statistics with regard to a law which will require if the
City of Delray Beach has to go to court to pay a $200 fee to file a "Notice to Appear". The
Florida League of Cities is requesting the City of Delray Beach to compile this information so
-35-
09/23/03
that they have real financial numbers. Mayor Perlman asked the City Manager to direct the
Police Chief to obtain this information because he feels it would be very helpful.
Mayor Perlman stated he is hearing many questions and concerns regarding the
Cultural Loop in particular what the expectations are of the City in terms of infrastructure and
repairs to sidewalks, etc. Mayor Perlman suggested for staff to contact organizers of the Cultural
Loop to find out what their expectations of us are financially. The City Manager stated staff has
discussed the list and noted there are other priorities which take precedent therefore this cannot
be done right away. The City Manager stated they may need to modify their loop initially and
give City staff a year or two to do some of these things. Mr. Costin stated there needs to be a
defined course of action with regard to this program. Ms. McCarthy stated she has been trying to
find things in the Capital Improvement Budget for the next fiscal year that actually matches up
with the Cultural Loop. Ms. McCarthy stated she will need some additional help from the City
Manager with this comparison because there were some things discussed that were going to
impact the northwest and southwest area. Mr. Costin suggested the City Manager contact the
people who are involved with the Cultural Loop and request a plan from them so that the
Commission can accordingly base its projects needs.
There being no further business, Mayor Perlman declared the meeting adjourned
at 9:45 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on September 23,
2003, which Minutes were formally approved and adopted by the City Commission on
City Clerk
-36-
09/23/03
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.
-37-
09/23/03
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
coUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LA~TNAME---FIRSTNAME~DDbENA~E
Pe¥1man, Jeffrey L.
971Delray Lakes Drive
Delray Beach, Florida 33444
912312093
Palm Beach
Delray Beach City Commission
~°r~sus~a~°N:City of Detray Beach
WHo MUST FILE FORM 8B
This fo~m is for use by any person cawing et the county, city, er other local level of govemmont on an appointed or elected board, council,
commission, authority, or committee. It appties equally to members of advisu~y ar~ nor~edvismy bedius who are presented w~h a voting
c~'fftict of interest under Section 112.3143. ~odde Statutes.
Your respu~ibiltties under the isw when faced with vo0ng on a measure in which you have a conflict of interest will var~ greatly depending
on whether you hold an electivo or appointive position, For this meson, please pay cfoso attentim~ to the instm~ons on this form before
completing the reverse side and fi/ing the fo~m.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other kx:81 pul~ic office MUST ABSTAIN from voting on a measure which
inures to his or her spedal pdvate gain er loss. Each elected or appointed local o~ aiso is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inctuding the
peref~t organization or subsidiary of a corporate principal by v/nich he or she is retained); to the special private gain or loss of a relative: or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357. F.S.. and officers of independent special tax districts elected on a one-acm, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law. a 'relative' inciudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in*law,
mother-in-I;~w, son-in-law, and danghter-in-law. A 'business associate" means any person er entity engaged in or carrying on a business
entemdse with the officer as a partner, joint venturer, coowner of property, or corporete shareholder (where the shams of the corporat~n
are not listed on any national or regional sto~ exchange).
ELECTED OFFICERS:
In addit~xt to abstaining from Voting in the situat~ ~escflbed above, you must dis4dcoe the conflict:
PRIOR TO THE VOTE BEING TAKEN by put~iciy stating to the assemb~ the nature of your interest in the measure on which you
are eb~aining from vO~ng; and
WITHIN 15 DAYS AP 16R THE VOTE OCCURS by' comlY, eting and filing this form with the pemon responsible for recording the mir,-
utes Of the meeting, who should ir~oq3oreta the fogm in the minutes.
APPOINTED OFFICERS:
must'disciose the-nattJre=of ~ conflict 'before n~ldng onyraltempt to influence the decision, whether orally ~' in vatting and whether merle
by YOU er at your direction. * ' .
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR T° THE MEETING AT WHICH THE VOTE WII~ BE
TAKEN:
· You must complete end ~e this form (before making any attempt to influence ~ba decision) with the perso~ reaper~'ble for recom'ing the
mlnu(es of the meeting, who willincorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
· A ~,~; of the form must be IXovtded im~ to the c~er members of ~Ne agan~y.
· The form must be read publicly at the next rneet~ng altec the form ;s filed.
IF YOU MAKE NO-A.'~'EMPT TO iNFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
Yo~ must complete the fom~ and file It Wfth~n 15 daYS affor the vcxe occurs w;th the person resbens~ ~ ~ ~ ~s ~ ~
meeting, who must incorix~rata ~e fo~m in the mlnutos. A copy of the form must be prodded immediately to the other membem of the
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. Jeffrey L. Pert=an
.~mmby~L_~_ thato~ September 23, ,~0 03 :
(a) A measure ~arne or will come before my agency wt~ich (check one)
__ Inured to my special ixivate gain or loss:
~ inured to ~e SpeCial gain or loss of my ~, D±nne Co ~onna
,. - InumcltotheaVec~algainortossof .by
whom I am retained: or
Inure~. to ma ;aecial 0a!,n.~r ~t;~sof ...... . ,which
is the parent organlzedo~ or subeldiary of a ixincipal which has retained me.
Diane Colorma, =~ ~±fe, ts d';recto: of the Community P. edevelopment Agency (CRA).
I have a confl'lct votin§ o~ ite=s that d±:eetl¥ affect the Community Eedeve~opment
Agency.
NOTICE:. UNDER pROVISIONS.OF FLORIDA'STATUTES §112,317, A, FAILURE TO MA~E ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE oF THE FOLLOWING. IMPEACHMENT.
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND. OR A
CIVIL PENALTY NOT TO EXCEED $t0.000.
CE FORM 88 - EFF. lrz(x)0
PAG~ 2
FORM MEMORANDUM'.OF VOTING CONFLICT FOR '
-COUNTY 'MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
~T"~-~.~..~,..~--~,~O~E.~ /~ ~ .~'~o~=s~e.~0~"~co~M,as,o..^UT.O.~.o. co..rn~E
C ~C~ Q ~ Q O~ER L~ ~E~Y
WHO' MUST FILE FORM 8B
This form is for use by any pemon sewing at the county, city, or other local level of government on an appointed or elected board, council,
commisskm, authority, or committee. It applies equally to members of advLso~/and non-advies~/bodies who are presented with a voting
conflict of interest 'under Section 112.3143, Flonda Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse' side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA 'STATUTES
A person holding elective or appointive county, municiost, or other local public office MUST ABSTAIN from voting on a measure which
inures tO his or her special private gain or loss. Each elected or appointed local officor also is prohibited fi.om knowingly voting on a mea-
sore which inures to the special gain or loss of a principal (other than a govemmem agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principa! by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec~ 163.356 or
163.357, F.S.. and officem of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
For puqx~es of this law, · 'relative' includes only the officer's father, mother, son daughter husband, wife, brother, sister, father-in-faw,
mother-iii-law. S°n-ir~aw, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partr~r, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting In the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publiciy stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WlTHJN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person tespons!ble for recording the min-
utes of the'meeting, who should incoqx~'ste the fom~ in the minutes.
APPOINTED OFFICERS:
Alth0ugl~ you must abstain from voting in the situations desedbsd above, you othenvlse may pardcipate in these matters. However, you
must dlsciose the neture of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY A'r'TEMPT TO.INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE Will' BE
TAKEN:
· You must cornplste and file this form (before making any attempt to influence the de(ds{on) with the person responsible for recording the
minutes of the meeting, ~ will incorpomfa the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000 PAGE 1
APPOINTED OFFICERS (continued)
· A Copy of the form must be pe0vided immediately~to the other membem of the agency.
The form must be read publicly at the next meeting after the form is tiled.
IF YOU MAKE NO A?TEMPT TO INFLUENCE THE DECISION EXCEPT 8Y DISCUSSION AT THE MEETING:
You must dlselose orally the nature of your o0nflict in the measure before parltctpating.
You must complete the form and file it within 15 days after the vote occurs with the person ~asponsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately fo the other membem of the
agency, and the-form must be read pubticiy at the ne~t meeting after the t'orm is filed.
- ~ DISCLOSURE OF ~LOCAL OFFICER'S INTEREST
"' - ' / --
(a) A measure come or will come before my ~gency which (check one)
__ inured to my special private gain er loss;
~ Inured to the special gain or loss of my business associate, ;
-- inured to the special gain or loss of my relative, ;
~ inured to the special gain orloss of OJ~'-t_ ~--~"~-~ ~-'~,~0'~"~ ,by
whorn I am retained; or
inured ~o the sl~c~al gain or loss o~ , which
is the perem organization or subeidiary of apdncipet which has retained me.
(b} The measure before my agency and the nature'of my conflicting interest in the measure is as follows:
CE FORM 8B: EFF. 1/2000 PAGE 2
WHEREAS, October 10, 2003, is the Third Annual "Put the Brakes on Fatalities
Day'; and
WHEREAS, traffic crashes ara the leading cause of death for people ages 6 to
33; and
WHEREAS, poor road conditions and obsolete designs contribute to more than
15,000 highway deaths annually; and
WHEREAS, deaths and injuries on U.S. highways cost society over $150 billion
annually; and
WHEREAS, safe driving behaviors such as: Ensuring You Ara Physically Sound
& Mentally Sharp; Always Buckling Your Seats Belts; Paying Complete Attention to
Your Ddving; Obeying All Posted Signs & Striping; Maintaining a Safe Speed for the
Conditions; Maintaining a Safe Following Distance; Maintaining a Clear Sight Picture;
Being a Courteous & Conscientious Driver; and Being a Defensive Driver would
dramatically reduce the number of traffic-related injuries and deaths; and
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby proclaim October 10, 2003 as
PUT THE BRAKES ON FATALITIES DAY
in Delray Beach, Florida, and call upon all citizens to help save lives by practicing safe
driving behaviors and by spreading these important messages throughout our
community.
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 7th day of October, 2003.
JEFF PERLMAN
MAYOR
From: James S. '~tcomb 5613556545 To: City Manager David Harden
Palm Beach County
LEAGUE of CITIES, h c.
FAX
Date: 9/2~2003 ~me: 4:41:14 PM
Page 1 of 2
TO:
FROM:
Elected Officials & City Managers
Carla Valcarcel
DATE:
RE:
# OF PAGE(S):
MESSAGE:
September 24, 2003
Put the Brakes on Fatalities Day Proclamation
2
Our office received a request from the National Society of Professional
Engineers to ask all the cities to declare October 10, 2003 as "Put the
Brakes on Fatalities Day." If you would like to adopt a proclamation,
please see the attached sample proclamation.
www.leagueo fcities.org
(561) 355-4484- (Fax) 355.6545
P.O. Box 1989, Gov. Center, West Palm Beach, FL 33402
Office: Governmental Center, 301 Noffih Olive Ave., West Palm Beach, FL 33401
Fro~: James S. ~tcomb 5613556545 To: City Manager Oa'~d Harden Date: 9/24/2003 '~me: 4:41:14 PM Page 2 of 2
Draft Proclamation
ProetamaUon
WHEREAS, October 10, 2003, is the Third Annual "Put The Brakes On Fatalities Day"; and
WHEREAS, traffic crashes caused 42,815 fatalities in 2002; including 198 deaths in Palm
Beach County and through August 27, 2003 we have lost 123 lives in Palm Beach County;, and
WHEREAS, traffic crashes are the leading cause of death for people ages 6 to 33; and
WHEREAS, poor road conditions and obsolete designs contribute to more than 15,000
highway deaths annually; and
WHEREAS, deaths and injuries on U.S. highways cost society over $150 billion annually;
and
WHEREAS, safe driving behaviors such as Ensuring You Are Physically Sound & Mentally
Sharp, Always Buckling Your Seat Belts, by Paying Complete Attention to Your Driving, by
Obeying All Posted Signs & Striping, by Maintaining a Safe Speed for the Conditions, by
Maintaining a Safe Following Distance, by Maintaining a Clear Sight Picture, by Being a
Courteous & Conscientious Driver, and Being a Defensive Driver would dramatically reduce the
number of traffic-related injuries and deaths; and
Now, THEREFORE, I, ., by virtue of the authority vested in me as Chairman,
do hereby proclaim Friday, October 10, 2003, as
PUT THE BRAKES ON FATALITIES DAY
in Palm Beach County, Florida and call upon all citizens to help save lives by practicing safe
driving behaviors and by spreading these impoaant messages throughout our community.
DONE AND ORDERED this day of October, 2003
WHEREAS, city government is the government closest to most citizens, end the one
with the most direct daily impact upon its residents; and
WHEREAS, city government is administered for and by its citizens, and is dependent
upon public commitment to and understanding of its many responsibilities; and
WHEREAS, city government officials and employees share the responsibility to pass
along their understanding of public services and their benefits; and
WHEREAS, Florida City Government Week is a very important time to recognize the
important role played by city government in our lives; and
WHEREAS, this week offers an important opportunity to spread the word to all the
citizens of Florida that they can shape and influence this branch of government which is closest
to the people; and
WHEREAS, the Florida League of Cities and its member cities have joined together to
teach students and other citizens about municipal government through a variety of different
projects and infonnatinn; and
WHEREAS, Florida City Government Week offer~ an important opportunity to convey
to all the citizens of Florida that they can shape and influence government through their civic
involvement.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Defray Beach,
Florida, on behalf of the City Commission do hereby proclaim the week of October 19 through
October 25, 2003 as
FLORIDA CITY GOVERNMENT WEEK
in the City of Defray Beach, Florida, and encourage all citizens, city government officials and
employees to do everything possible to ensure that this week is recognized and celebrated
accordingly, and to encourage educational partnerships between city government and schools.
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 7* day of October, 2003.
JEFF PERLMAN
MAYOR
A RESOLUTION OF THE CITY OF RECOGNIZING CITY GOVERNMENT WEEI<,
OCTOBER 19-25, 2003, AND ENCOURAGING ALL CITIZENS TO SI/PPORT TH~
CELEBRATION AND CORRESPONDING ACTIVITIES.
WHEREAS, city government is the government closest to most citizens, and the one with the most
direct daily impact upon its residents; and
WHEREAS, city government is administered for and by its citizens, and is dependent upon public
commitment to and understanding of its many responsibilities; and
WHEREAS, city government officials and employees share the responsibility to pass along their
understanding of public services and their benefits; and
WHEREAS, Florida City Government Week is a very important time to recognize the important role
· played by city government in our lives; and
WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida
that they can shape and influence this branch of government which is closest to the people; and
WHEREAS, the Florida League of Cities and its member cities have joined together to teach students
and other citizens about municipal government through a variety of different projects and information; and
WHEREAS, Florida City Government Week offers an important opportunity to convey to all the
citizens of Florida that they can shape and influence government through their civic involvement.
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF
AS FOLLOWS:
Section 1. That the City of does' encourage all citizens, city government officials and
employees to do everything possible to ensure that this week is recognized and celebrated accordingly.
Section 2. That the City of
government and schools.
does encourage educational partnerships between city
Section 3. That the City of does support and encourage all city governments to actively
promote and sponsor "Florida City Government Week."
PASSED AND ADOPTED by the City of
II~a-IERE3~g, Epilepsy, also known as Seizure Disorder, has afflicted mankind and been tecognixed since the
eaxliest medical wxitings; and
Ig'HEREAS, as long ago as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that
Epilepsy was a xdsitailoo from the gods and sacred or that it was a curse fxom the gods that people afflicted with this
disorder held p~opbetic powers. Hippocrates believed that Epilepsy was a brain disordex; and
'~VHEREAS, a seixuxe is a sudden, brief aRack of altered consciousness, motor activity or sensosy
phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of decttical impulses;
and
WHEREAS, Epilepsy can be caused by injm'y to the brain, lack of oxygen at birth, brain tumor, infection
and brain hemo~xhage; but in sixty percent of the cases, the cause is unknown and epilepsy can affect anyone, mt any
age and at any time; and
WHEREAS, more than two million Americans are afflicted with some type of Epilepsy and of this numbe~,
150,000 are Florida residents; and
WHEREAS, with the administration of anticonvulsant drugs, two-thirds of those afflicted with Epilepsy are
drug controlled; and
WHEREAS, lack of education about this disordex has conm'buted to age old myshs, superstitions and
prejudices; and the stigma associated with this disorder is sometimes worse than the disorder itself; and
WHEREAS, people who have Epilepsy make reliable and conscientious workers in job perfovmance~
productivity, safety, cooperation and attendance; but studies carried out in the United States over the past thirty years
have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment vdth unemployment rates
estimated to fall betv.~en twenty and twenty-five percent; and
~gI-IEREAS, Epilepsy should not be a ba~ier to success, but in addition to the normal reqULrement~ for
Success, a person ,vho has Epilepsy needs a supportive environment and employers who are vailing to give them an
opportunity to become productive citizens.
NOW, THEREFORE, I, JEFF PERI,MAN, Mayor of the City of Delray Beach, Florida, on bchalf of the
City Commission do hereby proclaim November, 2003, as
NATIONAL EPILEPSY AWARENESS MONTH
in the City of Delray Be~ch, Florida. and urge all of its citizens to become aveare of this disorder and encourage those
afflicted to take their cight ful place in society and become productive citizens.
rN WITNESS gnrlEREOF, I have hereunto set my hand and caused the Official Seal of the City o f Delray
Beach, Floxida, to be affixed this 7th day of October, 2003.
JEFF PERLMAN
MAYOR
COMMITTEE FOR EPILEPSY AWARENESS
6670 ROYAL PALM BLVD
BLDG. K APT, 302
MARGATE, FLORIDA 33063-2189
Jerry Pizza, Chairman
(954) 984-8319
Bill Naulty, Secretary
(561) 798-2798
October, 2003
The month of November is "NATIONAL EPILEPSY AWARENESS MONTH". The
Committee for Epilepsy Awareness would greatly appreciate your assistance in helping
bring about an awareness of this disorder.
Due to lack of correct information and an abundance of misinformation, people afflicted
with Epilepsy have been discriminated against in ail walks of life.
It is our goal to remove the ancient myths, superstitions and prejudices associated with
this disorder and educate people as to what Epilepsy is and what Epilepsy is not.
Enclosed, please find a copy of our resolution. If your municipality participates in our
awareness campaign, please send a copy of the resolution or proclamation to:
Jeny Pizza - Chairman
Committee for Epilepsy Awareness
6670 Royal Palm Blvd.
Bldg. K. Apt. 302
Margate, Florida 33063-2189
Thank you in advance for your interest in and concern for people afflicted with Epilepsy.
Sincerely,
P.S. Thanks to your support, last year 343 communities participated in our awareness
campaign.
RECEIVED
CITY CLERK
COMMI1-FEE FOR EPILEPSY AVVARENESS
.]erry Pizza - Chairman
(954) 984-8319
William C. Naulty - Secretary
(561) 798-2798
RESOLUTION DECLARING NOVEMBER, 2003 AS
NATIONAL EPILEPSY AWARENESS MONTH
WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the
dawn of our species and has been recognized since the earliest medical writings, and
WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated
ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a
curse from the gods that people afflicted with this disorder held prophetic powers.
Hippocrates believed that Epilepsy was a brain disorder, and
WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or
sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an
excessive amount of electrical impulses, and
WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain
tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is
unknown, and
WHEREAS, Epilepsy can affect anyone, at any age and at any time, and
WHEREAS, more than two million Americans are afficted with some type of Epilepsy,
Of this number, 150,000 are Florida residents, and
WHEREAS, with the administration of anticonvulsant drugs, two thirds (66.66%) of
those afflicted with Epilepsy are drug controlled, and
WHEREAS, lack of education about this disorder has contributed to age old myths,
superstitions and prejudices, and
WHEREAS, the stigma associated with this disorder is sometimes worse than the
disorder itself, and
WHEREAS, people who have Epilepsy make reliable and conscientious workers in job
performance, productivity, safety, cooperation and attendance, and
WHEREAS, studies carded out in the UNITED STATES over the past thirty years have
indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with
unemployment rates estimated to fall between twenty and twenty-five percent.
WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal
requirements for success, a person who has Epilepsy needs a supportive environment and
employers who are willing to give them an opportunity to become productive citizens.
Be it resolved, that the governing body of:
does hereby declare the month of November as National Epilepsy Awareness Month.
Be it further resolved, that a copy of the Resolution or Proclamation be sent to the
Committee for Epilepsy Awareness, 6670 Royal Palm Blvd., Bldg .K, Apt. 302,
Margate, Florida 33063 -2189
RESOLUTION NO. 65-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT
JOLLEY FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY
OF DFJ.RAY BEACH.
WHEREAS, Robert Jolley was hired by the City of Delray Beach as a Lifeguard on
October 1, 1973; and
WHEREAS, on October 1, 2003, Robert Jolley reached a milestone in his career, having
effectively achieved thirty (30) years of continuous, full-time service with De[ray Beach Ocean
Rescue; and
WHEREAS, Robert is the first member of Delray Beach Ocean Rescue to achieve this
significant milestone; and
WHEREAS, Robert's professionalism, warmth, kindness and compassion are well
known and recognized throughout the City of De[ray Beach and these attributes serve as a
reminder to us all to seek opportunities for service to our fellow man; and
WHEREAS, the City of De[ray Beach and the Delray Beach Parks and Recreation
Department are honored to have Robert Jolley as a valued member of the municipal team over
the past 30 years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach hereby recognizes and
commends Robert Jolley for thirty years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresses sincere thanks
and appreciation to Robert Jolley for his many years of service.
PASSED AND ADOPTED in regmlur session on this the 7th day of October 2003.
A'I'I'EST:
MAYOR
CITY CI.F. RK
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~figff
AGENDA ITEM # '(5~'~ - REGULAR MEETING OF OCTOBER 7. 2003
REOUEST FOR SIDEWALK DEFERRAL/924 SEAGATE DRIVE
OCTOBER3,2~3
The attached agreement is between the City and Benjamin and Kathleen Barfer to allow the waiver of
the requirement to construct a sidewalk pursuant to Land Development Regulations Section 6.1.3
(D)(1)(b) to install a sidewalk within the right-of-way in front of a single-family residential lot (924
Seagate Drive) located just west of State Road A-DA.
Currently, there are no sidewalks in this neighborhood and although a sidewalk may be installed at
some point in the future, there are no plans to install a sidewalk at this time. Therefore, staff is in
support of the request to have the sidewalk m front of 924 Seagate Drive deferred.
Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk
improvements until such time as the City requests the sidewalk to be constructed.
S:\City Clexk\agenda memos \ff~dewalkDe ferralRequest 10.07.03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
Randal L. Krejcarek, P.E.
l-Oct-03
City Commission Agenda Item
Sidewalk Deferral Request
924 Seagate Drive
The attached agenda item is a request for a deferral of sidewalk installation in front of
924 Seagate Drive. This lot is a single-family residential lot located just west of SR
A1A.
There currently are no sidewalks in this neighborhood. Although a sidewalk may be
installed at some point in the future, there are no current plans to install a sidewalk at
this time.
Therefore, I am supporting the request to have the sidewalk in front of 924 Seagate
Drive deferred.
The attached map indicates the location of this sidewalk deferral.
Please place this item on the 07 Oct 2003 Commission Agenda.
Thanks.
enc
cc Richard Hasko, P.E.
file
S:~EngAdmin~sidewalk deferrals~924 seagate dr deferral agenda memo 07sep2OO3,doc
Prepared By: RETURN TO:
IL Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
AGREEMENT FOR
SIDEWALK IMPROVEMENTS
THIS AGREEMENT entered into this lt~ dayof ~QQ~f ,
2003 between the City of Dekay Beach (hereinafter the City) and
'~.Q~O-ilai~ Eh/Vt -~1~ .~fl~einafter the Owners), for the purpose of waiving
the requirement of the installation ora sidewalk along (~ ~ t,~0.~tl]~ ~f~[/d until such time
as the City requests the construction of the sidewalk by the Owner.
WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installatioh of a
sidewalk, within the ~ ~prd/k)~--
right-of-way immediately abutting the subject
property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from the requirement of the installation
of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and,
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive the requirement for the installation ora sidewalk until such time as the City requests the
Owner construct the sidewalk.
WITNESSETH
NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to
waive the requirement for the installation of a sidewalk, at this time, for the property located at:
1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the
~~-~ ~n~'gl~t-of-way abutting the subject property, within a time period
that is acceptable to the City, after being requested to do so by the City. The sidewalk, when
constructed, shall meet all of the current ordinances of the City of Delray Beach.
2. It is the intent of the parties that this Agreement shall nm with the ~'mad. This
Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be
binding on the parties legal representatives, heirs, successors and assigns.
IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this
day of
ATTEST:
City Clerk
Approved as to form and sufficiency:
_, 200_.
CITY OF DELRAY BEACH, FLORIDA
By:
Mawr
City Attorney
WITNESSES:
OWNER:
2
(Please type or print name)
(Plea~(e type or print name)
STATE OF
COLBY OF t.ex
~. The foregoing insmmaent was acknowledged before me this ]c~ day of
J~/-~/LC-~O ~. ~,{q,~.... (name of co~oration), a ~tate or place of
inco~oration) co~oration, on behalf of ~e co~oration. He/She is perso~llj ~o~ to me or
has produced ~ ~{6~b~'gYS~e of id~tification) as id~ation ~d ~g~d
Si~a~? Not~'Public -
State~d~
(SEAL)
3
· , ~ BAUHINIA ROAD
r
<~I S.E.
S.E 8TH ~3~ _ ST, .~_-- >- ~ ,
__ ~ -- AZALEA RD. J
I ~ <
s.[. ~ ~ST~/~ ~
~ S.E. 1 0TH
LIN TON BOULEVARD
~~ ~ ~~ SIDEWALK DEFERRAL
~~A~Y~~ 2005-200 1 of 1
Date: 01 Oct 2003
AGENDAITEM NUMBER:~
Request to be placed on:
X Consent Agenda
When: 0Y Oct 2003
AGENDA REQUEST
Regular Agenda __
Workshop Agenda
Special Agenda
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mayor to si,qn sidewalk deferral a,qreement for 924 Sea,qate Drive.
Recommendation Staff recommen~Js, approval
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: NA
Account Number NA
Description NA
Account Balance: NA
Funding Alternatives: NA
City Manager Review:
Approved for Agenda: ~)No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
S:tEngAdminlsidewalk deferrals1924 seagate dr deferral agenda 07sep2OO3. doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 7. 2003
RESOLUTION NO. 69°03
OCTOBER 3, 2003
This is a resolution assess'rog costs for abatement action required for the emergency board-up of an unsafe
smacture located at 709 S.W. 2nd Terrace.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessment remains unpaid.
Recommend approval of Resolution No. 69-03.
AgmemoBOARD.Res No 69-03
RESOLUTION NO. 69-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS",
OF THE LA/~D DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN
UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEln/ING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUB DATE
AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code'of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within /%rticle 7.8
have been complied with; and,
WHEREAS neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Con~nission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ~E CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such Ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
Res. No. 69-03
the rate of six percent (6%)' per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (6%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
o~ this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the · 2003.
day of
ATTEST:
MAYOR
City Clerk
3
Res. No. 69-03
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
GLORIA (MACON) THOMPSON
MAILING ADDRESS:
PROPERTY ADDRESS:
10445 CRANcItESTER WAY
ALPHARETTA, GA 30022
709 SW 2r~° TERRACE
LEGAL DESCRIVrION: LOT 18, CARVER SQUARE ACCORDING TO PLAT BOOK 24,
PAGE 11 OF THE OFFICIAL RECORDS OF PALM BEACH- COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $263.71 by resolution of the City Commission of the City
of Delray Beach, Florida, dated ,2003 has been levied against the
above described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on August 14. 2003 that the Chief Building official had
determined that a building/structure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the city if you failed to act.
__X__ You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of'Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on . The Board of Construction
upheld the decision of the Chief Building Official.
Res. No. 6903
The City of Deiray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on July 28, 2003
at a cost of $263.71 which includes a ten percent (10%) administrative fee. If you fail to
pay this cost within thirty (30) days, that cost plus additional administrative and recording
costs shall be recorded in the official Records of Palm Beach County, Florida against the
above described property.
THE C1TY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF TH~ LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8~% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
R~.Ho. 69~3
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~'~
AGENDA ITEM # O~- REGULAR MEETING OF OCTOBER 7. 2003
RESOLUTION NO. 70-03
OCTOBER 3, 2003
TNs is a resolution assessing costs for abatement action required to remove nuisances on seven (7)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 70-03.
AgmemoCE.Res No 70-03
RESOLUTION NO. 70-03
A RESOLUTION OF THE CITY cOMMISSION OF 'x'~u~ CITY OF DEL~AY BEACH,
FLORIDA, PURSUANT TO CHAPTHR 100 OF Tm CODE OF OI~DIN~/~CES OF Tam
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CERTAIN LAND(S) LOCATED WITHIN T~ CITY OF DBL~AY BEACH AND PROVIDING
T~AT A NOTICE OF LIEN SHALL ACCOMPANY '£~ NOTICE OF ASSESSMENT~
SETTING OUT ACTUAL COSTS INcuaRED BY 'X'~ CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING TH~ COST OF SUCH ABATEMENT OF NUISANCES~
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUB DATE AND INTEREST ON
ASSESSMENTS~ PROVIDING FOR 'r~ RECOP~DIN~ OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS ·
WnmREAS, the City Manager or his desi~nated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they mast abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property~ and,
WHEREAS, the property owner(s) n~med in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property o~ner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s)~ and,
WHEREAS, the City of Delray Beach, through the City Ac~ninistration or such
a~ents or contractors hired by the City Administration was therefore required to and
did enter upon the land(s) described in the list attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notlce~ and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Cv~ission a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land involved~ and,
WHEREAS, the City Co~-4ssion of the City of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s)
against said property owner(s),
NOW, THEREFORE, BE IT P~SOLVED BY T~ CITY CO~ISSION OF '£~ CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS~
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and made a part hereof, are hereby levied
against the parcel{s) of land described in said report and in the amount(s) indicated
thereon. Said assessments so levied shall, if not paid within thirty (30} days after
mailing of the notice described in Sec. 3, become a llen upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent
as the lien for general city taxes and shall be collectlble in the same manner as
mortgages and foreclosures are under state law.
Section 2. That such assessments shall be legal, valld and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to i=mediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Co~a4esion of the City of Delray Beach on the has
levied an assessment against said property for the cost of abatement of said nuisance
by the City, and that said assessment is due and payable within thirty (30) days after
the mailing date of said notice of assessment, after which a llen shall be placed on
said property, and interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said s~ms. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of said assessment(s),
after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of eight (8) percent per annum plus, if collection proceedings are necessary,
the costs of such proceedings including a reasonable attoruey~s fee.
Section 5. That in the event that payment has not been received by the City
Clerk within thirty (30) days after the mailing date of the notice of assessment, the
City Clerk is hereby directed to record a certified copy of this resolution in the
public records of Palm Beach County, Florida, and upon the date and time of recording
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement, interest at the rate of 8%, and
collection costs including a reasonable attorney's fee.
2
Res. N0. 70-03
PASSED AND ADOPTED in regular session on this the · 2003.
.day of
MAYOR
ATTEST
City Clerk
3
Res. No. 70-03
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL ROBERT G. ALLEN &
(206 SW 2ND AVENUE) PATRICIA ALLEN
12 43 46 16 01 047 0030 206 SW 2ND AVENUE
CUST ID # 60 DELRAY BEACH, FL 33444 $ 70.75
$ 56.00 ADMFEE
TOWN OF DELRAY, S 66 FT OF N 186.51 FT OF
W 135 FT OF BLOCK 123, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL BARBARA DOOLEY
(133 NE 7TH AVENUE) 133 NE 7TH AVENUE
12 43 46 16 01 123 0010 DELRAY BEACH, FL 33483
CUST ID # 10019 $ 70.75
$ 55.00 i ADM FEE
POINCIANA HEIGHTS OF DELRAY BEACH,
LOT 50, PB 26, P 265, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(1001 NW 3RD TERRACE) TILLIE NELSON
12 43 46 17 40 000 0500 219 NW 10TH AVENUE
CUSTID #361 DELRAY BEACH, FL 33444 $ 121.50
$ 55.00 ADM FEE
DEL IDA PARK, LOT 20, BLOCK 13, (DEL-IDA PARK
HISTORIC DISTRICT) PB 9, P 52, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL BERNARD JUROVIESKY &
(609 NE 3RD AVENUE) KIMBERLY JUROVIESKY
12 43 46 09 29 013 0200 7313 ANDORRA PLACE
CUST ID 10146 BOCA RATON, FL 33433 $ 48.50
$ 55.0O ADM FEE
TOWN OF DELRAY, LOTS 32 & 33, BLOCK 15,
PB 1, P 3, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
SW 6TH AVENUE VAC LOT SO. OF 234) VERA F. GIBSON
12 43 46 16 01 015 0320 P.O. BOX 66
CUST ID # 506 INKSTER, MI 48141-0066 $ 39.75
$ 55.00 ADM FEE
4
Res. No. 70-03
COST OF ABATING NuIsANcEs UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
17~,6-43, E 43.74 FT OF S 140 FT OF N 165 FT OF
N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL SIDNEY WASHINGTON
(1402 NW 2ND STREET VAC LOT E 1406) c/o DENISE WASHINGTON
12 43 46 17 00 000 3100 2627 NW 20TH AVENUE # 2
iCUST ID # 5659 FT. LAUDERDALE, FL 33311 $ 81.75
$ 55.00 ADM FEE
3HATELAINE NO. 1, LOT 13, BLOCK 5,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(700 AVENUE CHAUMONT) DOLORES G. BELL
12 43 46 12 03 005 0130 700 AVENUE CHAUMONT
CUST ID # 9996 DELRAY BEACH, FL 33445 - 0 -
$ 55.00 ADM FEE
VIOLATION IS: SECTION 100~)1 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
5
Res. No. 70-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM# ~ - REGULAR MEETING OF OCTOBER 7. 200;t
CHII.DREN'S SERVI(~E$ (~0UN(~IL
OCTOBER 7, 2003
This is before Commission to approve the funding agreement with Children's Services Council in the
mount of $275,215.00 for the City of Delray Beach Parks and Recreation Depamx~ent Out of School
Program, Day Camps and Summer Camp Program.
Services are provided to 300 children at three (3) sites during the school year. The Out of School Youth
Recreation Program will consist of an After School Program, Holiday Camp, Spring Fling, One Day
Camps, and 9 weeks of Summer Camp.
Recommend approval of the agreement with Children's Services Council.
S:\City Clerk\agenda memos\children's services.10.07.03
CITY OF DELRRY BEACH
DELRAY BEACH
NI-AmericaCity
~993
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
David Harden
City Manager
Joe Weldon
Director of Parks and Recreation
Children's Services Council
September 30, 2003
We will enroll 300 children at three (3) sites during the school year,
with CSC funding the actual attendance which is anticipated to be
approximately 250 children. The Out of School Youth Recreation and
Enrichment Program will consist of an After School Program, Holiday Camp,
Spring Fling, One Day Camps, and 9 weeks of Summer Camp. CSC funding
will amount to approximately $275,215. This now needs to go before City
Commission for their approval in order to execute our Contract #03-104.
Please place this on the October 7, 2003 agenda for City Commission
consideration.
Joe ldon '~
Dir~Parks and Recreation
Attachment
cc: Carolanne Kucmerowski, Agenda Coordinator
Alberta Gaum-Rickard, Budget Technician
Ref:dhcsc032
THE EFFORT ALWAYS MATTERS
AGREEMENT
THIS AGREEMENT, entered into as of this October 1,2003, by and
between the CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY, a political
subdivision of the State of Florida (hereinafter referred to as "Council") and City of Delray
Beach/Out of School Youth Recreation/Enrichment [# 104] (hereinafter referred to as
"Provider"), for the period from October 1,2003 ("Effective Date"), to.September 30, 2004.
The Council, at its option, may extend the term of this Agreement without reviewing the
program hereunder funded as part of a competitive RFP process. The renewal option set
forth i.n this paragraph, however, does not guarantee the Provider that the Council will
exam;se its renewal option hereunder. Renewal will be determined by the Council, in its
sole discretion; this determination will be based in part upon review of the program
evaluation and fiscal monitoring of the program.
W I T N E S S E T H: In consideration of the mutual agreements hereafter
contained, the parties, intending to be legally bound, hereby agree as follows:
THIS AGREEMENT has been entered into pursuant to the Council's
2003-04 RFP/Base Application and Provider's response thereto and any addendums
accepted by the Council. Those portions of Exhibits A, B, C and D contained herein that
differ from the original proposal or application shall be deemed to be addendums thereto
and shall control over any inconsistent provision of the original proposal.
1. The Council agrees to reimburse to the Provider sums up to
$275,215.00 for provision of services described in the Exhibit "A" (consisting of the
Program Evaluation Model) attached hereto and made a part hereof; composite Exhibit 'B"
(consisting of the Council's Budget Exhibits B1, B2, B3, B4 and B5 submitted through
SAMIS by Provider) attached hereto and made a part hereof; Exhibit "C" (consisting of the
Budget Summary Form) attached hereto and made a part hereof; and Exhibit
(Conditions of Award) attached hereto and made a part hereof. It is expressly understood
and agreed, by and between the parties, that the services to be rendered hereunder by the
Provider shall be provided in compliance with all terms and conditions set forth in the
Exhibits "A", "B", "C" and "D" as well as the terms and conditions of this document.
2. The Provider agrees to comply with all applicable federal, state and
local laws.
3. The Provider agrees to comply with the following requirements:
a. To maintain books, records and documents in accordance with normally
accepted accounting procedures and practices, which sufficiently and
properly reflect all expenditures of funds provided by the Council under the
Agreement.
b. To assure that these records shall be available, upon reasonable notice, to
inspection, review or audit by the Council and personnel duly authorized by
the Council to make such inspection, review or audit. ;
c. To submit, upon completion of this Agreement, a GAO Standard Financial
and Compliance Audit ("the Audit"), complete with management letter, within
180 days of the Provider's fiscal year end. In the event that Providers fiscal
year end occurs prior.to the compl6tion of the term of this Agreement,
Provider will supply the Audit and accompanying management letter for each
of the Provider's fiscal years occurring during the term of this Agreement,
each such audit and management letter to be provided within 180 days of
Provider's fiscal year end.
d. To maintain and file with the Council such progress, fiscal, inventory, and
other reports as the Council may require during the terms of the Agreement.
e. To include these aforementioned audit and record keeping requirements in
all approved subcontracts and assignments.
f. To acknowledge, to the extent feasible and appropriate, Council funding of
the program identified in Exhibit "A" in publications, bulletins, public relations
activity, and stationery of Provider.
The Provider agrees:
a. To retain all financial records, supporting documents, statistical records and
any other documents pertinent to this Agreement for a period of five (5)
years following termination of this Agreement or, if an audit has been
initiated and audit findings have not been resolved at the end of the five year
period, the records shall be retained until resolution of all audit findings.
Provider further agrees that all records, papers, letters, or other documents
made or received in conjunction with this Agreement and the provision of
services hereunder shall be subject to public access pursuant to the
provisions of Chapter 119, Florida Statutes. The provisions of this
paragraph shall survive termination of this Agreement, except that public
records which are confidential by or otherwise restricted from disclosure by
laws, including as required pursuant to the Health Insurance Portability and
Accountability Act, 45 CFR, Parts 160 and 164, must be protected from
disclosure.
b. Persons duly authorized by the Council shall have full access to and the
right to examine any of said materials during said period.
c. To permit access by persons duly authorized by the Council, upon
reasonable notice, to the program(s) funded by the Council hereunder for
purposes of monitoring said program(s).
d. To report to the Council during the term of this Agreement any threatened or
pending litigation brought against the Provider, including a description of the
nature of the claims involved, and, upon request, to furnish information
regarding the status of such litigation and copies of pleadings filed therein.
e. To accurately report to the Council, in a format deemed acceptable by the
Council, all revenues received by or for the program funded pursuant to this
Agreement, regardless of source. Revenues include, but are not limited to,
,Medicaid. or insurance reimbursement, donations, grants, and prograrn
~ncorne; Le., fees paid for services. In the event the Provider faiis to properly
report all pro.qram revenues and the Council subsequenti¥ learns that such
Contract:. 03-104
Agency: City of Detray Beach/Out of School Youth
Recreat~3n/Enrichment [# 104]
Page 2
09/09/03 10:38:02 AM
income was not properly disclosed, the Council reserves the right to reduce
the amount to be paid to the Provider by the Council by the amount not
disclosed (or, if payment has already been made, to recover said amount),
or to terminate this Agreement.
That those capital items which are to be acquired by the Pro~/id~r and
reimbursed by the Council, shall be subject to the requirements (i) that said
items may not be mortgaged, pledged, or hypothecated without the prior
written approval of the Council; (ii) that upon termination or earlier
cancellation of this Agreement, at the Council's request, unless there is
specific notification that this requirement is waived by the Council, the said
item(s) shall be (a) returned (with title being transferred) to the Council or the
Council's designee, or (b) reimbursed to the Council at book value
(determined by the Council); (iii) that said item(s) shall be maintained in
operable condition; and (iv) that said item(s) will be insured in case of loss or
theft.
g. To obtain Council approval for any proposed changes in the program prior to
implementation.
h'. To submit and maintain a current copy of the following on file with the
Council:
° Certificates of insurance (liability and theft, and auto if capital equipment
or vehicle was purchased with Council funds);
° License(s) to operate agency/program, if applicable;
° Service site(s) Fire Inspection Certificate(s), if applicable;
o Service site(s) Health Inspection Certificate(s), if applicable
To obtain written approval from the Council for any proposed changes in the
program budget hereunder prior to implementation.
The fiscal administration of this Agreement will be pursuant to the Council's
"Fiscal Guidelines," a copy of which Provider acknowledges receiving.
That the following issues or information shall be furnished or resolved within
60 days of execution of this Agreement:
° Completion of program evaluation forms/test instruments;
° Submission of copy of sales tax exemption certificate or application;
° Provider will not begin operation of the program funded hereunder prior
to obtaining a binder for provision of general liability insurance coverage.
° Submission of copies of all personnel or service provision subcontracts,
contracts and/or agreements related to the operation of the program
funded hereunder.
5. Provider agrees that, as between the parties to this Agreement, it is.
solely responsible for operation and management of the program(s) funded hereunder and
that the Council has not and will not be involved in any way in such operation and
management. To the extent permitted by Florida law, the Provider agrees to indemnify and
hold harmless the Council from liability on account of any injuries, damages, omissions,
Contract.' 03-104
Agency: City of Delray Beach/Out of School Youth
Recreation/Enrichment [# 104]
Page 3
09/09/03 10:38:02 AM
commissions, actions, causes of actions, claims, suits, judgments and damages accruing,
including court costs and attorneys' fees (at the trial appellate, post-judgment or bankruptcy
procedure level), as a result of services performed or not performed, or any negligent act by
the Provider or arising from funding granted or net granted by the Council or any action
arising out of the operation of this Agreement.
6. This contract may not be assigned or subcontracted to ar~y other
party by the Provider without the prior written approval of the Council.
7. The Provider shall be responsible for providing general liability
insurance coverage at a level deemed adequate by the Council, and whatever other
insurance coverages are deemed reasonably necessary by the Council, which insurance
shall be maintained at all times during the existence of the Agreement and shall name the
Council as an "additional insured" there under. Upon execution of this Agreement, the
Provider shall furnish the Council with written verification of the existence of such insurance
coverage. In the event that the Provider transports Children in connection with the program
(or any portion thereof) funded by the Council, the Provider shall have general automobile
insurance.
8. The Provider shall not use or disclose any information concerning a
client served under the Agreement for any purpose not in conformity with federal and state
laws and regulations except on written consent of the client, or his responsible parent or
guardian when authorized by law. '
a. The Provider agrees to establish and maintain procedures and controls
acceptable to the Council for safeguarding records, so that no information
contained in the Providers records, or obtained from others carrying out the
terms of the Agreement, shall be used by or disclosed by the Provider, its
agents, officers or employees except as provided by law.
b. It shall be the responsibility of the Provider to take all reasonable steps
necessary to implement promptly such procedures and controls in order to
protect the privacy of a client receiving services hereunder and in order to
assure the maintenance of confidentiality of any medical or other information
pertaining to any such client.
9. The Provider shall submit to the Council program data, including
client identifiable data and status of program capacity {staff to client/child/family ratio) as
deemed essential by the Council.
10. The Provider shall furnish the Council with reports of the
effectiveness of the program and include statistics and data on the number of persons
served and such other reports and information that the Council may require. Said reports
shall be made as requested from the effective date of this Agreement and in a format
provided by the Council.
11. The Council has the discretion to decrease the Provider's allocation'
based upon the program's inability to meet the parameters outlined in the program model
and/or the inability to maintain program capacity based upon quarterly reviews.
Contract: 03-104
Agency: City of Delray Beech/Out of School Youth
Recreation/Enrichment [# 104]
Page 4
09/09/03 10:38:02 AM
12. The Provider is performing the services and duties required
hereunder as an independent contractor and not as an employee, agent, partner of, or joint
venturer with the Council. The Provider shall assume sole and exclusive responsibility for
the payment of wages to all employees for services performed by them under'this
Agreement. The Provider shall, with respect to said employees, be r_esponsible for
withholding federal income taxes, paying federal social security taxes, maintaining
unemployment insurance and maintaining worker's compensation coverage in amounts
required by applicable federal and state law.
13. The services provided by the Provider hereunder are provided on a
non-exclusive basis, and the Council specifically reserves the right to subcontract with
others for similar services. This Agreement shall give no rights to any person or entity who
is not a party hereto.
14. Payments for services rendered pursuant to this Agreement shall be
made to the Provider monthly on a reimbursement basis. Provider shall submit an invoice
to the Council by the 10th day of each month following the month in which the services were
provided. The invoice will include documentation reflecting all expenditures made by the
Provider under this Agreement, in whatever form reasonably required by Council. Subject
to the availability of funds, the Council will provide reimbursement to the Provider within 45
days after receipt of the invoice. Provider shall submit a final invoice to the Council no later
than October 31, 2004 (with appropriate documentation). The Council will not reimburse
Provider for any expenditures made by Provider under this Agreement that are submitted
after October 31, 2004.
15. The Provider agrees to return to the Council any overpayments made
through inadvertence or miscalculation or because payment is disallowed as not having
been properly earned under this Agreement. Such funds shall be refunded in full by
Provider to the Council as follows:
a. within twenty (20) days from the date of written notification by the Council to
the Provider of overpayment or disallowance; or
b. within thirty (30) days following the end of this Agreement.
c. The Council shall have the right to deduct from any subsequent payment
request submitted by the Provider, the amount of any overpayments or
disallowed funds.
16. The Council may, for reasonable cause, suspend the payment of
funds pending corrective action by the Provider or pending a decision by the Council to
terminate this Agreement. The Council may, for reasonable cause, prohibit the Provider
from incurring additional obligation of any funds received from the Council, pending
corrective action by the Provider or a decision to terminate this Agreement. Said
suspension of payment of funds or obligation thereof may apply to all or part of the
Provider's operations funded by the Council.
17. In the event funds to finance this Agreement become unavailable to
the Council, the Council may terminate this Agreement upon no less than five (~) days
Contract: 03-104
Agency: City of Deiray Beech/Out of School Youth
Recreation/Enrichment [# 104]
Page 5
09/09/03 10:38:02 AM
written notice to the Provider. The Council shall be the final authority as to the availability of
funds,
18. Notwithstanding any other provision of this Agreement, the Council
may terminate this Agreement for any breach by the Provider. If the Council ir~tends to
terminate this Agreement, notice shall be provided in writing to the P.rovider no less than
twenty-four (24) hours prior to the effective date of the termination. The Council's failure to
terminate or suspend a Provider for past breaches of this Agreement shall not be construed
as a waiver of its right to demand strict compliance with the terms of the Agreement~or to
terminate for said breaches or similar breaches, and shall not be construed to be a
modification of the terms of the Agreement. The Provider may terminate this contract with
or without cause provided that Provider shall give sixty (60) days notice in writing to
Council. The Council shall reimburse the Provider for all monies expended up to and
including the effective date of the termination.
19. Notices: All notices required hereunder shall be in writing and shall
be addressed to the following representative of the part parties:
For the Council:
Gaetana D. Ebbole, Chief Executive Officer
Children's Services Council of Palm Beach County
1919 North Flagler Drive
West Palm Beach, FL 33407
For the Provider:
Joseph Weldon, Director
City of Delray Beach
Out of School Youth Recreation/Enrichment [# 104]
50 N.W. First Avenue
Delray Beach, FL 33444
20. The Council may assess a charge amounting to five (5%) percent of
the Provider's current month's request to the Council for reimbursement for each month that
a program is out of compliance with the timely submission of fiscal and programmatic data
as requi~ed by Sections 3c, 9, 10, and 14 of this Agreement. At the discretion of the
Program Review Committee a $10.00 per day charge may be added to the 5% charge for
items not submitted within 60 days of the original due date. This charge may also apply if
the program does not. provide the Council with current copies of the following documents:
A. Certificates of Insurance
B. License(s) to Operate Agency/Program
C. Audit
D. Other items identified in the Conditions of Award outlined in Exhibit D
21. Notwithstanding anything herein to the contrary, the parties agree
that the dollar amount set forth in paragraph 1 above may be reduced in the event that the
Council determines that the Provider will not spend the entire amount allocated by
Contract: 03-104
Agency: City of Detray Beach/Out of School Youth
Recreation/Enrichment [# 104}
Page 6
09/09/03 10:38:02 AM
September 30th fiscal year end. This determination may be made (a) during the course of
reviewing a budget revision submitted by the Provider pursuant to the Council's procedures
or (b) based upon the Council's monitoring of Provider's program and its expenditure
history. Before any such reduction becomes final, the Provider will be notified in writing of
the proposed action and shall have the opportunity to address the Council's BSard
regarding the proposed reduction. The decision of the Council's Board on this issue shall
be final. If the Council reduces the dollar amount, the Provider may terminate this
Agreement upon 24 hours notice. Council shall reimburse Provider for all monies
expended up to and including the effective date of the termination.
22. This Agreement, which includes the attached Exhibits A, B, C and D
contains all the terms and conditions agreed upon by the parties. No other agreements,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or to bind any of the parties hereto. With the possible exception of an adjustment pursuant
to paragraph 11 and 21 above, this Agreement shall not be modified unless in writing and
signed by both parties hereto.
Contract: 03-104
Agency: City of Delray Beach/Out of School Youth
Recreation/Enrichment [# 104]
Page 7
09/09/03 10:38:02 AM
IN WITNESS THEREOF, the parties have caused this Agreement to be
executed by their undersigned duty authorized representatives,
City of Delray Beach
BY
Date:
Print Name
Pr~tT'~e
Children's Services Council of Palm Beach County
BY Date:
Gaetana D. Ebbole, Chief Executive Officer
Approved as to Form & Legal Sufficiency
BY
Thomas A. Sheehan, III
Attorney for Children's Services
Council of Palm Beach County
Contract: 03-104
Agency: Ci[y of Delray Beach/Out of School Youth
Recreation/Enrichment [# 104]
Page
8
09/09/03 10:38:02 AM
EXHIRIT "A"
Program Evaluation Model
EXHIRIT "B'
1 - Current & Proposed Operating Expense
2 - Salary & Fringe Preparation
3 - Salary & Fringe Preparation Narrative
4 - Source of Revenue
5 -. Source of Revenue Narrative
Exhibit B1
OUT OF SCHOOL YOUTH RECREATION/ENRiCHMENT [# 104]
CURRENT & PROPOSED OPERATING BUDGET
(ROUND NUMBERS UP TO THE NEAREST DOLLAR)
(1) (2) (3) (4) ' (5) (6)
ACCT# TITLE 02-03 03-04 02-03 03-04
PROG, PROG. % %
BUDG. BUDG. CHG. ALLOC. ALLOC. CHG.
Salary Accounts:
569.120 Regular Salaries and Wages $309,855 $325,182 5% $106,953 $t51,860 42%
Y: $309,855 $325,182 5% $106,953 $151,860 42%
Fringe Accounts:
569.210 FICA $26,951 $24,576 -8% $8,182 $11,617 42%
569.220 Retirement Contributions $333 $1,308 293% $,333 $611 83%
569.230 Life and ;;ea;~h Insurance $5,080 $5,226 3% $5,080 $2,440 -52%
569.240 Workers Comp=.=a[ion $5,304 $36,108 581% $0 $16,863 100%
569.250 Unemployment Compensation $30 $560 1767% $0 $261 100%
rge: $37,698 $68,078 81% $13,595 $31,792 134%
0~-~ =[;ng Expense Accounts:
600.101 TraveVTmnsportation $201 ~ $34,533 17081% $200 $16,127 7964%
600.102 Conferences/Registration/Travel $1.191 $1,082 -9% $1,191 $531 -55%
600.301 Telephone $720 $1,57{~ 118% $01 $733 100%
600.302 Postage & Shipping $200 $150 -25% $0 $'/0; 100%
600.303 Utilities (Power/Water/Gas) $0 $0 0% $0 $0 0%
600.401 Office Supplies $294 $1,500 410% $294 $701 138%
600.402 Program Supplies $6,480 $19,495 201% $205 $9,104 4341%
600.403 Printing $440 $4O0 -9% $0 $187 100%
600.601 Professional Fees $29,220 $37,220 27% $7,290 ~ $17,382 138%
Agency: City of Delray Beach Page I Of 2 09/09/03 10:38:02 AM
Contract: 03-104
Status: Approved
(1) (2) (3) (4) (5) (6)
ACCT# TITLE 02-03 03-04 02-03 03-04
PROG. PROG. % %
BUDG. BUDG. CHG. ALLOC. ALLOC. CHG.
600.602 Insurance $8,595 $12,480 45% $0 '$5,828 100%
600.603 Building Maintenance $0 $0 0% $0 $0 0%
600.604 Equipment Rental/Maintenance $39,570 $1,931 -95% $0 $902 100%
600.605 Specific Assistance to Individuals $20,000 $12,000 -40% $0 $5,262 100%
600.606 Dces & Subscription $100 $1,430 1330% $0 $668 100%
600.607 Training & Development $600 $650 8% $600 $304 -49%
600.608 Awards & Grants $0 $0 0% $0 $0 0%
600.609 Sponsored Events $0 $62,604 100% $0 $29,236 100%
600.610 Payments to Affiliated Organizations $3,425 $3,725 9% $0 $1,740 100%
600.611 Misceilanenus $5,075 $4,550 -10% $0 $2,125 100%
600.201 Building Space/Rent $0 ${~ 0% $0 $0 0%
600.501 Food Service $0 $1,42{] 100% $(] $663 100%
600.701 Indirect Cast $0 $0 0% $0 $0 0%
600.801 Capital Expenses (Equipment) $0 $0 0% $0 $0 0%
g Expense: $116,111 $196,740 69% $9,780 $91,563 836%
Total Program Expenses: $463,664 $590,000 27% $130,328 $275,215 111%
Agency: City of Delray Beach Page 2 Of 2 09/09/03 10:38:02 AM
Contract: 03-104
Status: Approved
Exhibit B2
OUT OF SCHOOL YOUTH RECREATION/ENRICHMENT [# 104]
SALARY AND FRINGE PREPARATION
FISCAL YEAR 03-04
Position
Employee % · Salary
03-O4
Director -Rec Sup Ill Smith
Salary In
Program
Fringe In
Program
Request Fo~
Salary
Request For
Fringe
Salary
Funding %
Insurance
Summer/Various
Rec Leader II (6)
Rec Leader II (6) Various
Rec Leader III (12) [Holiday/Various
Rso Leader III (12)
03-04 03-04 034)4 03-04
$35,349 ~_~_~9 $2,704 $16,508 $1,263 46.70%
$0 0.00%
Rr~'-~-~eade r ]11 {9) iVarious
L
...various
$70,826
$70'821
$5,4181 -- $33,076
~ 46.70%[
Rec Supervisor I (6)
Rec Supervisor Il (3)
Rec Supervisor Il (3) '~arious
Retirement t New
Staff Assistant Il
Summer/Various ~ $25,03~
5 $14,515
$13 46.550/01
$162
$11,691 $894
$6,779
$1'110L
$518 46,70%l
$17,370 $17~3701 $1,3291 $8,112 $621
46'70%I
Patrick, Priscilla
Agency: City of Delray Beach Page I Of 2 09/09/03 10:38:02 AM
~)ntract: 03-104
Status:Approved
Position
Unemployment
;ompensation
Compensation
Employee % · Salary
O3-04
New ~ $0
Salary In
Program
03O4
$0
$325,1821
Fringe In
Program
O3-O4
$68,078
Request For Request For
Salary Fringe
03-04 03-04
$0 $261
~-~_.~ $16,863
$31,792
Salary
Funding
46.70%
jency: City of Delray Beach Page 2 Of 2 09/09/03 10:38:02 AM
Contract: 03-104
Status: Approved
I ACCOUNT #
Exhibit B3
OUT OF SCHOOL YOUTH RECREATIONJENRICHMENT [# 104]
SALARY AND FRINGE PREPARATION NARRATIVE
FISCAL YEAR 03-04
ACCOUNT NAME
DER~ATION OFFIGURE$'AND
JUSTIFICATION OF
INCREASE/DECREASE OR OTHER
EXPLANATION AS NEEDED
LINE ~EM$
AMOUNT
PERCENT
~CREAS~
DECREASE
Agency: City of Delray Beach
Contract: 03-104
Page I Of 11
09/09/03 10:38:02 AM
Status: Approved
LINE ITEM $ PERCENT
AMOUNT INCREASE/
DECREASE
ACCOUNT #
ACCOUNT NAME
DERIVATION OF FIGURES AND
JUSTIFICATION OF
INCREASE/DECREASE OR OTHER
EXPLANATION AS NEEDED
J9.120 Regular Salaries and
Wages
Agency: City of Delray Beach
Contract: 03-104
09/04/2003 09/04/2003 09/04/2003 09/04/2003
09/04/2003 07/23/2003
Funding requested from CSC is 46.7% of the total
salaries including benefits.
a. There are 59 positions in the Out of School
Enrichment Pmgrern.
b. The program pos;tions increased from fiscal year
2002-2003 due to the 3% increase for the City of
Delray Beach end incentive increases for long term
part-time employees, positions.
c. No positions ara ~-Idnd.
d.N/A
e. CSC supports 46.7% of all positions
f. No
POSITIONS FUNDED BY CSC
(1)Director
($35,349 x 46.7% = $16,508/26pp = $334.92 CSC
funds)
(1)Staff Assitant II
($11.58/hr x 30hfs x 50wks = $17,370)
($17,370 x 46.7% = $8,111.79 CSC funds)
($8,111.79/25pp = $324.47pp)
(3) Rec. Super it
($13.44/hr x 25hrs x 40wks x 3 = $40,320)
($40,320 x 46.7% = $18,829.44 CSC funds)
($18,829.44/26pp = $941.47pp)
(9)Recreation Leader itl
($10.93/hr x 20hrs x 36wks x 9 = $70,826.40)
($70,826.40 x 46.7% = $33,075.92 CSC funds)
($33,075.92/~ 8pp = $1,837.55pp)
(6)Recreation Leaders II
($10.21/hr x 20hrs x 36wks x 6 = $44,107.20)
($44,107.20 x 46.7% = $20,598.06 CSt funds)
($20,598.06/18pp = $1,144.34pp}
Holiday/Spring Break Camp/One Day Camp
(12) Recreation Le~der
($10.93/hr x 40hrs x 3wks x 12 = $15,739.20)
($15,739~20 x 46.7% = $7,350.21 CSC funds)
($7,350.21/1.5pp = $4,900.14pp)
Summer Camp Program
(3)Recreation Super II
($13.44/hr x 40hfs x 9wks x 3 = $14,515.20)
($14,515.20 x 46.7% = $6,778.60 CSC funds)
($6,778.60/4.5 = $1,506.36pp)
(6)Recraafion Super I
($11.59/hr x 40hra x 9wks x 6 = $25,034.40)
($25,034.40 x 46.7% = $11,691.07 CSC funds)
($11,691.07/4.5pp = $2,598.02pp)
(12) Recreation Leader itl
($10.93/hr x 40hrs x 8wks x 12 = $41,971.20)
($41,971.20 x 46.7% = $19,600.55 CSC funds)
($19,600.55/4pp = $4,900.14pp)
(6}Recreation Leader II
($10.21/hr x 40hrs x 8wks x 6 = $19,603 20)
Page 2 Of 11
$325,182
5%
09/09/03 10:38:02 AM
Status: Approved
LINE ITEM $ PERCENT
AMOUNT INCREASE/
DECREASE
ACCOUNT #
ACCOUNT NAME
DERIVATION OF FIGURES AND
JUSTIFICATION OF
INCREASE/DECREASE OR OTHER
EXPLANATION AS NEEDED
Overtime pay for a Recreation Super I to stay in
case the bus is late returning tothe center or if a
parent is late picking up their child.
Recreation Super I
($17.39/hr x 20hrs x I = $347.80)
($347.80 x 46.7% = $162.42 CSC fund
Retirement, Life, Hsailh, and Disab~ity Insurance
are allocated for Recrsation Supervisor Ill-Out of
School Director.
Workers Compensation and Unemployment
Compensation for all positions.
Total Agency Salary: $325,184
Total Requested from CSC: $151,860
569.210
FICA
09/04/2003 07/23/2003
Fica - .0765
($151,860 x .0765 = $11,617.29 CSC funds)
$24,876
-8%
569.220
Retirement
Contributions
09/04/2003 07/23/2003
46.7% of Retirement requested for Out of School
Enrichment Program Directo~ totaling.
$1308 x 46.7% = $610.84/12mos. = $50.93
$1,308
293%
.~9.230
Life and Health
07/23/2003
Life Insurance: $192.00
Disability Insurance: $243.90
Hsalth Insurance: $4,740.36
Employee Assistance Program: $49.56
Total: $5225.82 x 46.7% = $2440.46/12 months =
$203.37
$5,226
3%
569.240
Workers Compensation
07/23/2003
Requesting 46.7% of total workers compensation for
59 personnel.
Staff Assistant II - Rate .72 per $100 of salary
($17,370/$100 x $.60 = $104.22)
Director and all Recreation Supervisors/Leaders -
Rate $11.71 per $100 of salary
($307,464/$100 x. $11.71 - $36,004.04)
$104.22 + $36,004.04 = $36,108.26 x 46.7% =
$16,862.56
$36,108
581%
Agency:
Contract:
City of Delray Beach
03-104
Page 3 Of 11
09/09/03 10:38:02 AM
Statue: Approved
LINE n'EM $ PERCENT
AMOUNT INCREASE/
DECREASE
ACCOUNT#
ACCOUNT NAME
DERWATION OFFIGURES AND
JUSTIFICAT~N OF
INCREASE/DECREASE OR OTHER
EXPLANATION AS NEEDED
.;9.250 Unemployment
Compensation
09/04/2003 07/23/2003 07/23/2003
Unemployment Compensation;
Director of Out of School Program $41.88 x 46.7%
$19.5s
Part-time employees - FTE is 12.37 x $41.88 x
46.7% = $241.93
Total Unemployment Compensation: $261.48
1767%
Agency: City of Delray Beach
Contract: 03-104
Page 4 Of 11
09/09/03 10:38:02 AM
Status: Approved
LINE ~EM $ PERCENT
AMOUNT INCREAS~
DECREASE
ACCOUNT#
ACCOUNT NAME
DERIVATION OF FIGURES AND
JUSTIFICATION OF
INCREASE/DECREASE OR OTHER
EXPLANATION AS NEEDED
OPERATING EXPENSE BUDGET NARRATIVE
600.101 Tr aval/Transportation 07/23/2003
Accounting Assistant and Recreation Supervisor's:
30 miles/wk x 52 wks =1,560 runes x .29 = $452.40 x
46.7% = $211.27.
(CSC avg. monthly cost = $17.61 x 12 mos. =
$211.32)
Bus Rental for the Holiday Camp and Spring
Braak:(3 Sites)
$60/hr x 8 hrs x 2 days x 3 wks x 2 busee = $5,760 x
46.7% = $2,689.92
CSC cost Is alloceted over I~e 3 weeks for camps.
Bus Rental for Summer Camp (3 Sites)
$60/hr x 8 hre x 2 d~ys x 9 wks x 3 sites = $25,920 ×
46.7% = $12,104.64
CSC cost is allocated over the 9 weeks of summer
camp,
4 Buses to the Palm Beech County Sports and
FYmees Festival atthe South Rortda Fairgrounds: (3
Sites)
$60/hr x 10hfs x 4 buses = $2,400 x 46.7% =
$1,120.80
CSC cost Is for the one day.
Total Travel Expenses = $34,532.40 CSC Funds
$16,126.63
17081%
Original Budget Calculation
=(1560'.29)+(60'48'2)+(60' 144'3}+(60-10,4
)
600.102 Conferences/Registratio
n~Traval
07/28/2003
Florida Institute of Government (2 classes)
Lunch: 2 x $6.00/ea = $12.00 (100%
reimbursement based on CSC rates)
30 miles x 2 trips x .29 = $17.40 x 46.7% = $8.13
CSC funds.
Registration: 2 classes x $50.00/ez = $100.00 x
46.7% = $46.70 CSC funds.
National School Age Care Alliance Conference (Feb
26th thru Feb 28th, 2004)
Bre~feet: 3 x $3.00 = $9.00
Lunch: 4 x $3.00 = $24.00
Dinner:. 4 x $12.00 = $48.00
(100% of meal reimbursement based on CSC rates)
Lodging: 4 x $115.00 = $460.00 x 46.7% =
$214.82 CSC fonds.
Registration: $210.00 x 46.7% = $98.07 CSC funds.
Mileage: 520 x .29 = $150.80 x 46.7% = $70.42
CSC funds.
CSC Funds: $531.14
Orlglnal Budget Calculation
=20+17+100+124+460+151+210
$1,082
-9%
Agency: City of I~eiray Beach
Contract: 03-104
Page 5 Of 11
09/09/03 10:38:02 AM
Status: Approved
tACCOUNT #
ACCOUNT NAME
DERIVATION OF FIGURES AND
JUSTIFICATION OF
INCREASE/DECREASE OR OTHER
EXPLANATION AS NEEDED
LINE ITEM $
AMOUNT
PERCENT
INCREAS~
DECREASE
.,0,301 Telephone
07/23/20O3
Telephone:
Telephone - 2 land line - $460.00 x 4617% = $214.82
Cell phone- Out of School Director - $450.00 x
46.7% = $210.15
Rec. Supewisor - $660.00 x 46.7% =
$305.22
CSC funds $733.19/12 = $61.10 monthly cost.
Original Budget Calculation
--460+4.50+660
$1,570
118%
600.302 Postage & Shipping
07/23/2003 07/23/2003
Mail out letters and flyers for 300 children
$150 x 46.7% = $70.05 CSC funds
Original Budget Calculation
=150
$150
-25%
600.303 Ual[ties
' (Power/Water/Gas)
Orlgtnel Budget Calculation
=0+0
O%
600.401 Office Supplies
07/23/2O03
Whita out, glue sticks, p~anners, calendars, pens,
pencils, clips manila envelopes, folders, counterfeit
detector pens, toner cartridges, copier paper,
colored paper, logo letterhead paper, envelopes,
stationery and colord legal size Paper for
newsletters.
$1,500 x 46.7% = $700.50 CSC funds
$1,500
410%
Original Budget Calculation
=1500
Agency: City of Delray Beach
Contract: 03-104
Page 6 Of 11
09/09/03 10:38:02 AM
Status: Approved
LINE ITEM $ PERCENT
AMOUNT INCREASE/
DECREASE
ACCOUNT#
ACCOUNTNAME
DERIVATION OFFIGURES AND
JUSTIFICA~ON OF
INCREASE/DECREASE OR OTHER
EXPLANATION AS NEEDED
~0.402 Program Supplies
07/23/2003
Program Supplies:
Sports Equipment, bails, bats, and mits, game
boards, arts and craft projects, educational supplies,
book, materials, certificates, diplomas, awards,
decorations and coolers.
$8,260.00 x 46.7% = $3,857.42 CSC funds.
(CSC avg. monthly cost $3,857.42/12 = $321.45)
Uniforms:
Staff Shirts:
After School- 2 shirts x 23 staff x $10.00 = $460.00
Summer Camp - 3 shirts x 27 staff x $10.00 =
($460 + $810 = $1270 x 46.7% = $593.09 CSC
funds)
Summer Camp Program:
Ch~dren w~l receive 3 t-shirts and one back pak.
($7,820 x 46.7% = $3,651.94 CSC funds.)
Boy Scout Uniforms for three sites:
$22.00 x 75 shirts - $1,650.00
$4.40 x 75 neckerchiefs = $330.00
$2.20 x 75 neckerchi~ clips = $165.00
($1650 + $330 + $165 = $2,145.00 x 46.7% =
$1001.72 CSC funds).
Original Budget Calculation
=8260+1270+7820+2145
$19,495
201%
600.403 Printing
07/23/2003
Out of School program manuaie, program brochures
and application forms. Items are purchased in bulk
and at intervals during the year.
$400.00 x 46.7% = $186.80
$4OO
-9%
Original Budget Calculation
--40O
Agency: City of Delray Beach
Contract: 03-104
Page 7 Of 11
09/09/03 10:38:02 AM
Status: Approved
'ACCOUNT #
DERIVATION OF FIGURES AND LINE ITEM $ PERCENT
JUSTIFICATION OF AMOUNT INCREASE/
ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE
EXPLANATION AS NEEDED
d0.601 Professional Fees
07/23/2003
Professional Fees:
Golf Instruction by Certified Instructors (300 lessons
x $2.50/students x 8 sessions = $6,000)
Soccer Instru~ion by Certified Instructors (3 sites x
I hr/cession x $20/hr x 36 wks = $2,160)
Tennis Instruction by Certified Instructors (3siten x
lhr/essslon x $15/hr x 36 wks = $1,620)
T~torlal/Homework assistance/Computer
Instructions (2 instructors x 3 sites x 6hrs x $15hvk x
36weeks = $19,440)
Total cost = $29,220 x 46,7% = $13,645.74
(CSC avg. cost for 10 monU~s - $13,645.74/10 =
$1,364.57 or 46.7%)
Special Assistance to Individuals:
Professional fees for special assistance, resen, ed
for children with speciat needs.
$8,000 x 46.7% -- $3,736.00 CSC funds.
$37,220 27%
Original Budget Calculation
=6,000+2,160+1,620+19,440+8,000
600.602 Insurance
07/23/2003
Insurance:
General Uab~Ity -- $11,960
NRPA Non-Athletic Participant Insurance
$1.15 x 300/students = $345.00
Paid annually
Cub Scout Insurance and Uability for 115
$1.00 x 115 participants = $115.00
3 cub scout sites at $20/ea = $60.00
Paid annually
Total Cost= $12,480.00 x 46.7% = $5,828.16
(CSC funds $485.68 X 12 = $5,828.16)
Original Budget Calculation
=11,960+345+115+60
$12,480 45%
600.603 Building Maintenance
Original Budget Calculation
$0 O%
Agency: City of Delray Beach
Contract: 03-104
Page 8 Of 11
09/09/03 10:38:02 AM
Status: Approved
LINE ITEM $ PERCENT
AMOUNT INCREASE/
DECREASE
ACCOUNT #
ACCOUNT NAME
DERIVATION OF FIGURES AND
JUSTIFICATION OF
INCREASE/DECREASE OR OTHER
EXPLANATION AS NEEDED
~0.604 Equipment
Rental/Maintenance
07/23/2003
Equipment Rental/Maintenance
Rental of Copier Machine - $1,190.52
Maintenance for new Telephone System = $170.00
Annual upgrades for Rectrac system = $570.00
Total cost= $1930.52 x 46.7% = $901.55
(CSC funds $75.13 x 12 = $901.56)
$1,931
-g5%
Original Budget Calculation
=1191+170+570
600.605 Specific Assistance to
Individuals
09/04/2003 09/04/2003 09/04/2003 07/28/2003
Specific Assistance to Individuals:
ADA Services, Special needs recreation program.
Rental of handicapped van $10,000
Adaptive equipment $ 2,000
Equipment not needed monthly. Reserve to assist
children of special needs.
Total cost: $12,000 x 46.7% = $5,604.00
(Requesting CSC to fund $5,262.00)
$12,000
-40%
Original Budget Calculation
=10,000+2,000
600.606 Dues & Subscription
07/23/2003
Dues & Subscription:
Florida Schoal-Age Childcara Coalition membership
-- $100.00
National School-Age Care Alliance = $100.00
Membership for Cub Scouts = 115 x $1 O/per child =
$1,150
Cub Scout Cornmitta = 8 adults x $10 = $80.00
Total Cost = $1,430.00 x 46.7% = $667.81 CSC
funds
($55.65 x 12 = $667.80)
$1,430
1330%
Original Budget Calculation
=100+100+1150+80
Agency: City of Delray Beach
Contract: 03-104
Page 9 Of 11
09/09/03 10:38:02 AM
Statue: Approved
IACCOU'NT #
ACCOUNTNAME
DERNATION OFF~URES AND
JUSTIFICA~ON OF
INCREASE/DECREASE OR OTHER
EXPLANATION AS NEEDED
LINE.EMS
AMOUNT
PERCENT
INCREASE/
DECREASE
,0.607
Training & Development
07/23/2003
Training & Development:
Monthly on-site baining lnc~udes AED/CPR balning:
$650 x 46.7% = $303.55.
(CSC avg. monthly cost $303:55/12 = $25.30 or
46.7%)
Original Budget Calculation
=65O
$650
8%
600.608 Awards & Grants
Original Budget Calculation
=0+0
O%
600.609 Sponsored Events
07/28/2003
Sponsored Events:
L~n Country Safari, Metro Zoo, Boomers, Coconut
Creek Park, Movies, and in-house contractual
vendom such as Plaster Cesfle, Curious
George~animaie, Bounce houses, and additional
activities for summer camp, Holiday camp, Spring
Fling and one day camps. $62,384
Disc Jockey for spociel events. $220.00
Total Cost = $62,604 x 46,7% = $29,236,06 CSC
funds.
$62,604
100%
Original Budget Calculation
--62,384+220
600.610 Payments to Affiliated
Organizations
07/23/2003
Payments to Affiliated Organization:
Child care licenses for 3 sites = $1,725
Unified Youth Sports Festival fees = 200 participants
x $10 = $2,000.00
Total Cost = $3,725,00 x 46,7% = $1,739.58 CSC
funds.
$3,725
9%
Orlglrml Budget Calculation
=1,725+2,000
Agency: City of Delray Beach
Contract: 03-104
Page 10 Of 11
09f09/03 10:38:02 AM
Status: Approved
LINE ITEM $ PERCENT
AMOUNT INCREASE/
DECREASE
ACCOUNT #
ACCOUNTNAME
DERIVATION OF FIGURES AND
JUSTIFICATION OF
INCREASE/DECREASE OR OTHER
EXPLANATION AS NEEDED
,0.611 Miscelleneous
07/23/2003
Miscellaneous
New hire physicals, drug screening and TB/Tine
test:
12 x $160.00 = $1,920
Physicals for staff with two years servfce:
10 x $160.00 -- $1,600
Background check for new hims:
12 x $8.00 = $96.00
Finger pdnt check for new hims:
12 x $32.00 = $384.00
Adve~slng: $550.00
Total cost = $4,550.00 x 46.7% = $2,124.85 CSC
funds.
(CSC avg. monthly cost $2,124.85/12 = $177.07 or
46.7%)
$4,550
-10%
Original Budget Calculation
-=3,520+480+550
600.201 Building Space/Rent
Original Budget Calculation
=0+0
600.501 Food Service
07/23/2003
Refreshments for special events linking parents with
children and staff:.
$100 x 4 rnonths= $400.00 x 46.7% = $186.80 CSC
funds.
Advisory Board Refreshments:
$30 x 6 months = $180.00 x 46.7% = $84.06 CSC
funds.
Staff Training Refreshments:
$70.00 x 12 months = $840.00 x 46.7% = $392.28
CSC funds.
CSC funds $663.14 or 46.7%
Original Budget Calculation
--400+180+840
$1,420
100%
600.701 Indirect Cost
Odglnal Budget Calculation
=0~-0
$0 O%
600.801 Capital Expenses
(Equipment)
07/23/2003 07/23/2003 07/23/2003 07/23/2003
Original Budget Calculation
=0
$9 0%
Agency: City of Delray Beach
Contract: 03-104
Page 11 Of 11
09/09/03 10:38:02 AM
Status: Approved
Exhibit B4
Out of $ohool Youth Recreation/Enrichment [# 104]
SOURCES OF REVENUE
01-62 02-03 02-03 0203 .0.~-04
Actual Revenue Actual YTD As Revenue Total Future Fiscal % Change
of Projected Thru Year Revenue
09/09/03 End of Year ~
*Cash Forward From $0 $0 $0
Fund Balance $0 ' $0 0%
*Fundrelelng $0 $0 $0 $0 $0 0%
*Part;,¢¥a,,;. Fees $0 $0 $4,500 $4,500 $33,749 650%
insurance $0 1 $0 $0 $0 $0 0%
Reimbursements
Medlcare/~-~;.: _-;~; $0 $0 $0 $0 $0 0%
United Way $0 $0 $0 $0 $0 0%
School Board In-kind $0 $0 $0 $0 $0 0%
Governmental $265,476 $0 $265,476 $265,476 $281,036 6%
Other $63,360 $0 $63,360 $63,360 $0 0%
SUBTOTAL $328,836 $0 $333,336 $333,336 $314,785 -6%
I CSC Continuation $0 $0 $130,328 $130,328 $275,215 111%
~SC Equipment $0 $0 $0 $0 $0 0%
CSC Other $0 $0 $0 $0 $0 0%
SLib¥~lAI. $0 $0 $130,328 $130,328 $275,215 111%
'TOT.~ $32{ $0, $463,664 $463,664 $590,000 27% ~ ~
FUTURE FISCAL YEAR PROGRAM EXPENDITURES: $590,000
*CASH FORWARD FROM FUND BALANCE: The amount of funds to be transferred forward from the agency's fund balance to the opemticn of
the program during this fiscal year.
*FUND RAISING: Any funds collected by lhe program of either e solicited or unsolicited nature (Donations) as well as memberships which do
not ent;fle the donor to program services.
*FEES: Charges for services rendered. This may include revenue from memberships when such memberships enfi'Je the member to program
Agency: City of Delray Beach
~tract: 03-104
Page I Of 1
09/09/03 10'38:02 AM
Statue: Approved
Exhibit B5
Out of School Youth Recreation]Enrichment [# 104]
SOURCES OF REVENUE
NARRATIVE
Source Name Narrative
Participant Fees Program Fees are based on a sliding scale fee-'$8, $16, and $24 per month.
Governmental Total budget for City of Delray Beach Out of School program is $590,000.
Estimated participant fees is $33,749.
46.7% funding from CSC is $275,215.
CSC Continuation
Agency: City of Delray Beach
.~ntract: 03~104
Page I Of 1
09/09/03 10:38:02 AM
Status: Approved
EXHIBIT "C"
Budget Summary Form
BUDGET SUMMARY FORM
2003-2004 Base Application
Agency Name:
City of Delray Beach
Agency Funded
by CSC Since:
1988
Program Name:
Parks & Recreation Out-of-School Youth
Recreation/Enrichment
Total Clients (Program)
Select I
Program Funded
by CSC Since:
Capaci~ Children 300 Families:
1988-89
Employees Funded by CSC (F'rE)
59.0
';SC $ $ 275 $144, 52.6%
Total Program Bud~ $ $ 590,000.00 $ 282,392.00 47.9%
CSC % of Program Budget 42.37% 46.65% 52%
get 6,560,000.00
Total CSC Funds (Agency) $ 130,328.00 $ 275,215.00
CSC % of Agency Budget 2.07% 4.20%
260,000.00 4.0%
$ 144,887.00 52.6%
55.73%
CSC Cost per Client
(Capacity, Children, Family)
I.=[rdctioIlS
1
2
$ 917.38
Complete agency and program name and indicate date when CSC first funded each.
Give number of clients to be served by the CSC funded program by selecting only one of either
capacity or children or families.
3 Complete F'I I='s funded by CSC by adding pement of funded positions (whole or part) as noted in
column 8 of Form A-1. Note 100% = 1 FTE. ~
4 Complete other fiscal information for your program and agency giving comparison with previous year,
dollar change and percentage change.
5 Leave section "For CSC Use Only" blank
EXH~IT "D'
Conditions of Award
· CONTRACT: 03-104
AGENCY: City of Delray Beach
PROGRAM: Parks & Recreation Out-of-School Youth Recreation/Enrichment
CONDITIONS OF 'AWARD
I. PROGRAMMA~C
A. Issues or Information to be furnished or resolved within sixty (60) days of
execution of contract:
N/A
B. Conditions to be observed throughout contract:
2.
3.
4.
The program is to serve children and youth of Palm Beach County in the numbers
and ages, and at the times specified in the program model.
A designated Provider representative(s) must attend and participate in ail
appropriate scheduled provider meetings held by the Council.
Representatives of all programs receiving funding through tt~e Council will attend
monthly meetings of the Palm Beach County Out-of-School Consortium.
All staff funded through the Council who have direct contact with children must
complete ten (10) hours of annual in-service training in developmentally appropriate
practices. This training is not inclusive of First Aid and CPR courses.
Providers receiving funding from the Council will have a disaster/evacuation plan in
place to protect staff, and property, and to ensure the program's ability to continue
essential functions for the community.
Programs funded through the Council will make every effort to obtain staff with the
cultural competence and language skills necessary to work successfully in the
community with the population being served.
All staff working in Council funded programs will follow the child abuse requirements
under Florida law.
All programs must participate in training concerning special needs children as
offered through the Inclusion Project.
The program must be licensed by the Department of Health, in the process of
obtaining licensure, or exempt from such licensure. If exempt, documentation of the
exemption must be presented by the Provider. Programs will continue to meet these
licensing standards through Department of Health inspections and monitoring.
10. Volunteers/mentors, utilized in appropriate roles, must be screened, trained and
receive regular, ongoing supervision by qualified professionals as mahdated in the
Palm Beach County Child Care Rules and Regulations.
11. Directors of programs are responsible for submitting monthly reports to the
appropriate program specialist or designee by the date specified. (i.e., monthly
utilization reports and monthly calendars for the next month by the fifth of every
month.)
· CONTRACT: 03-104
AGENCY: City of Delray Beach
PROGRAM: Parks & Recreation Out-of-School Youth Recreation/Enrichment
12. The Provider and staff of Out-of-School ('OOS) programs for elementary and middle
school age children will participate in literacy program developmer~t and training as
offered through a collaborative between the Council and the Literacy Coalition.
13. To encourage parents to be responsible partners, the Provider agrees to require a
sliding fee scale to be on file at the Council for services offered in the out-of-school
program according to one or more of the following standards.
a. PBC School Readiness Coalition Subsidized Child Care Parent Fee Schedule,
or;
b. PBC School Readiness Parent Fee Schedule with modifications to the daily rate,
which are approved in writing by the Council staff, or;
c. A sliding fee scale in a format approved, in writing, by the Council staff.
14. If any fees are generated by the Council's funded program'in excess of the amount
budgeted, the Provider will notify the Council staff of the excess revenues and plans
to expend such fees. The Provider agrees to prioritize the use of excess fees in the
following order:
II.
a. Increase the number of clients attending the program within licensed capacity;
b. Purchase those items which would be considered "enhancements" to the service
being provided in order to improve the quality of the program;
c. Reduce the Council's funding by the amount of the excess fees received.
15. At least one (1) adult on location or site must hold a current first aid certification
evidenced by a valid card in a Red Cross standard first aid course or a comparable
course, and at least one adult must hold currant certification evidenced by a valid
card in child and adult cardiopulmonary resuscitation. At least one (1) adult with each
or both qualifications shall be present at all times that children are in the care of the
program whether such children ara on site, on a field trip, or being transported.
FISCAL
A. Issues or information to be furnished or resolved within sixty (60) days of
execution of contract.
N/A
B. Conditions to be observed throughout contract.
1. The provider agrees to notify CSC of any anticipated cash shortages within 24 hours
of receipt of that information.
If any fees are generated by the Council's funded program in excess of the amount
budgeted, the Provider will notify the Council staff of the excess revenues and plans
to expend such fees. The Provider agrees to prioritize the use of excess fees in the
following order:
· CONTRACT:
AGENCY:
PROGRAM:
a.
b.
03-104
City of Delray Beach
Parks & Recreation Out-of-School Youth Recreation/Enrichment
Increase the number of clients attending the program within lice_nsed Capacity.
Purchase those items which would be considered "enhancements" to the service
being provided in order to improve the quality of the program.
c. Reduce the Council's funding by the amount of the excess fees received.
3. All fees generated by the Council funded program will be recorded in a separate
revenue account.
Contract:
Agency:
Program:
03-104
City of Delray Beach
Parks & Recreation Out-of-School Youth Recreation/Enrichment
III. ADMINISTRATIVE
The following special condition(s) is (are) to be observed throughout the
contract:
Provider agrees to vedfy and submit updated information twice yeady to the
community health and human services agency/program data base managed by
The Center for Information & Crisis Services.
Date: September 30, 2003
Request to be placed on:
AGENDA ITEM NUMBER:~
AGENDA REQUEST
Consent Agenda x Regular Agenda Workshop Agenda
When: October 7, 2003
Special Agenda
Description of Agenda Item (who, what, where, how much): Request approval
of Agreement with Children's Services Council which provides for reimbursement
to the City of Delray Beach up to $275,215 for the Parks and Recreation Out of.
School Program, and Mayor's signature on two original Agreements.
Department Hea~ ~ ^ (~
Signature: ~e_~, ~) .~-x~/
City Attorney Rev~w/Recornmendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: ~/No Initials: ~
Hold Until:
Agenda Coordinator Review:
Received:
PALM BEACH COUNTY FLORIDA
FILM & TELEVISION COMMISSION
The Be~t o~ Ever~thin~
September 23, 2003
David T. Harden, City Manager
C/o Nancy King, Publications Editor
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Dear Mr./Ms. Harden:
The Palm Beach County Film and Television Commission (FTC) has enjoyed a very beneficial
relationship with City of Delray Beach through our One-Stop Permitting process. Production
statistics show that in 2002, Palm Beach County film, television, and still photography industry has
generated $134.8 million dollars into the local economy. Production days have increased 10%
from 14,374 to 15,748, while hotel room nights increased 10% from 9,595 to 10,215.
The FTC's mission is to broaden the impact of tourism on the county. We are continually working
to enhance our services to both the film and television industry and our community. In order to
extend these services to education, we have amended our One-Stop Permitting Policy to include
permitting for Student Production Projects. Included you will find a sample of the One-Stop
Permitting Resolution we have with your municipality. As per the enclosed memorandum from the
Palm Beach County Risk Management Department, Palm Beach County has been the first to adopt
the School District's insurance coverage for student projects.
The FTC requests the Municipalities and Taxing Districts that have already adopted our One-Stop
Permitting process for commercial production adopt the One-Stop Permitting Process for
Student Production Projects. Attached you will find the school districts insurance certificate as
per Florida Statute 768.28 that is identical to current commercial insurance requirements with the
exception of the auto liability coverage of $200,000.00. Commercial productions are required to
have $1 million dollars in automobile liability, if automobiles are being used within the shoot.
We have enclosed a memorandum form to indicate your acceptance allowing permitting for
student projects, by checking the box and signing. Also, enclosed is our One-Stop Permitting
contact information sheet, please review the contact information and make changes necessary. You
may fax both the student permitting form and if applicable contact sheet to 561.233.3113 or mail to
the address below (Suite #900).
If you have any questions regarding the One-Stop Permitting process or the responsibilities of the
Film & Television Commission, do not hesitate to call me or the Director of Operations, Michelle
Hillery. We look forward to working with you to extend these exceptional services to Palm Beach
County's students eager to learn about our exciting industry.
Sincerely,
Film Commissioner
Enclosure (5) Tet 56I. 233. 1000 Fax 561. 683. 6957 www. pbfitm.c0m
1555 PaLm Beach Lakes Blvd., Suite 414, West Patm Beach, Ft0dda 33401
RESOLUTION NO. 71-03
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, ENDORSING THE
CONCEPT OF A "ONE-STOP PERMIT" PROGRAM FOR
MOTION PICTURE AND TELEVISION PRODUCTION
FOR COMMERCIAL PRODUCTION AND STUDENT
PRODUCTION PROJECTS WITHIN THE CITY OF
DELRAY BEACH, TO BE ISSUED BY THE PALM BEACH
COUNTY FILM LIAISON OFFICE OF THE TOURIST
DEVELOPMENT COUNCIL; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City adopted Resolution No. 34-89 that adopted the "One-Stop Permit"
process for commercial production; and
WHEREAS, the City desires to include student productions in the "One-Stop Permit"
process; and
WHEREAS, the Palm Beach County wishes to facilitate the growth of motion picture and
talevision production in the County; and
WHEREAS, the Palm Beach County Film liaison Office of the Tourist Development
Council is best equipped to provide formal centralized permitting for production compan/es wanting
to film or tape in Delray Beach and protect the City's interests as well; and
WHEREAS, the City Commission of the City of Delray Beach has deemed it to be in the
best interests of the citizens of Delray Beach to authorize the administration to participate in the
"One-Stop Permit" program for commercial and student production projects for motion picture
and television production within the City of Delray Beach; and
WHEREAS, this resolution shall supercede Resolution No. 34-89 passed in June of 1989.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitals are incorporated as if fully set forth herein.
Section 2. That the City Manager of the City of Delray Beach is designated as
Coordinator to the Palm Beach County Film l.iaison Office of the Tourist Development Council.
Section 3. That the City Commission endorses the concept of a "One-Stop Permit" for
motion picture and television production, including student production projects, within the City of
Delray Beach. Said permit is to be issued by the Palm Beach County Film liaison Office of the
Tourist Development Council to a production company wanting to film or tape within the City,
provided, however, that prior to the issuance of a permit, the Office shall inform the City Manager
or his representative and shall obtain the consent of the City Manager, or his representative. This
Resolution shall not authorize issuance of a permit without the consent of the City Manager, or his
representative, nor shall it be deemed to be a grant of power to the Tourist Development Council
except for the express purpose of assembling information, coordinating and expediting such
applications.
Section 4. That no City funds may be expended in connection with the motion picture
or television production without the approval of the City Commission.
Section 5. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED in regnhr session on this the
day of October, 2003.
A'ITI6ST:
MAYOR
City Clerk
2 RES. NO. 71-03
I DATE (MMIDDflCfYY)
ACORD. CERTIFICATE OF LIABILITY INSURANCE 07/18/2003
'BOOUCE. (954) 723-0939 FAX (954) 723-0942 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
R~sk Management Associates HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
i N Broward Blvd· #460 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Plantation, Fl. 33324
Todd Higley INSURERSAFFORDtNG COVERAGE ~AIC#
NSUREO School District of Palm Beach County INSURER~ School District of Palm Beach Co nty
3370 Forest Hill Blvd. INSURERS: North River Ins Co 21105
Suite A-103 INSURER C:
Nest Palm Beach, FL. 33406 INSURERD:
INSURER E:
COVERAGE5
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VV~TH RESPECT TO VVHICH THIS CERTIFICATE MAY SE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
GEHERALMABIUTY 544000183-2 07/01/2003 07/01/2004 EACH OCCURRENCE $ 1,000,00U
X COMMERCIAL GENER~L LIABILITY "SUBSECT TO INSURER A: DAMAGE TO RENTEOp~FMIRFR
I CLAIMS ~t~OE I-~ OCCUR FLA STATUTE 768.28 MED EXP (ny one p~rso~) S Excluded
B X $500,000 SIR '100,000 PER PERSON PERSONAL&ADVINJURY $
-- * '.00,000 PER OCCURRENCE GENERALAGGREGATE $ 10,000100~
~N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS * COMPfOP AGO S Inc1 udec
I Pouc r-~ JECT ~ Loc *SEE NOTES
AUTOMOBB.~URBiUTY ~SUBSECT TO INSURER A: 07/01/2003 07/01/2004 COMBiNEOSiNGLELtMiT $
X *NY^UTO FLA STATUTE 768.28 (E'~Cdaent) 200,000~-
-- ~LL OWNED AUTOS '100,000 PER PERSON BODILY INJURY $
-- SCHEDULEDAUTOS ~ :00,000 PER OCCURRENCE (P~P~n) 100,000~
A
I~ ac~e~) 200,000~
-- *SEE NOTES (Per ac~denl) INCLUDE[
GARAGE UASlUTY AUTO ONLY- EA ACCICENT :$
ANYAUTO OTHER THAN EAACC
$
WORKERSCOUFEN~ATIONANO 544000183-2 07/01/2003 07/01/2004 IT~RYHMiTS
EI~PLOYERS' L~BIMTY E*L EACH ACCIDENT $ 1,000,00(
B ANY pROPRIETOR~ARTNE R/EXEC UTIVE
OFFtCERAMEMBEREXCLUDED? $500,000 SIR E.L. DISE~SE-EAEMPLOYEI $ 1,000,00(
~ ~e~ 10,O00,00(
~10,000,000 AGGREGATE APPLIES TO BOTH TIlE GENERAL LIABTLITY AND NORKERS COMPENSATION COMBINED.
Ellis CERTIFICATE SUPERCEDES AND VOIDS ALL PREVIOUS CERTIFICATES
CERTIFICATE HOLDER
Oelray Beach BOCC
100 N~ First Avenue
Delray Beach, FL 33444
ACORD 25 (200~108)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF~ T~E ISSUING INSURER ~LL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR MABILI3~
L,) ~A~ORD CORPORATION 1988
School District of Palm Beach County
Addendum to Liability Certificate 07/18/2003
sk Management Associates
07/07/2003
*THE SCHOOL DISTRICT OF PALM BEACH COUNTY IS SELF INSURED UNDER THE LAWS OF THE STATE OF FLORIDA FOR THE
ABOVE LIMITS FOR FULL TORT LIABILIl~ BASED ON FLORIDA SOVEREIGN IMMUNITY LIMITS UNDER F.5.768.28. EXCESS
BODILY IN3URY AND PROPERTY DAMAGE LIABILITY IS LIMITED TO LEGISLATIVE CLAIMS BILLS AND CLAIMS SUB3ECT TO
FEDERAL OR OUT-OF-STATE 3URISDICTIONS.
233 540~ P.01/01
PAI,M BEACH COUNTY
RISK MANAGEMENT DEPARTMENT
INTER-OFFICE MEMO
TO:
FROM:
DATE:
SUBJECT:
Michellc H/Ucc, Director of Operations
Palm Beach County Film & Television Commission
Fax # 683-6957
Dick Cohen
8/25/03
School District of Palm Beach - Student Film Projects
I have reviewed the information included with your fax dated 8/15/03. The proposed changes to
PPM# CW~O-031 are OK from a risk management perspective. Risk Management also finds that thc
insurance coverages for the School District, as described ia the Certificate oflnsurance dated 7/I 8/03,
are satisfactory as respects all coverages required by thc County for permitting purposes.
~age 1 of i
TOTRL P. 01
PALM BEACH COUNTY
F[L~4 & TELEVISION
COMMISSION
MEMORANDUM
TO:
DATE:
RE:
Palm Beach County Municipalities/TaXing Districts & Palm Beach County '
Departments
September 23, 2003
ACCEPTANCE FOR PERMITTING FOR STUDENT PROJECTS
Please indicate 'your acceptance of the One-Stop Permitting Process for Student Production Projects.
The FTC will continue to process all on-location productions (commercial or student) as normal.
You may fax this form back to 561.233.3113 or mail to: Palm Beach County Film & Television
Commission, 1555 Palm Beach Lakes Boulevard, Suite 900, West Palm Beach, Florida 33401, by
September 30, 2003.
Please feel free to contact Chuck Elderd at 561.233.1000 with any questions.
Check the appropriate box:
Yes, I accept the One-Stop Permitting Process for Student Production Projects ~
No, I do not accept the One-Stop Permitting Process for Student Production Projects ~
MUNICIPALITY/TAXING DISTRICT/PALM BEACH COUNTY DEPARTMENT:
(Please PrinO
Thank you.
PRINT NAME/TITLE:
SIGNATURE:
O:~P & l~Memo Munic & T~x Dist Schools permitting.doc
[L:~:~IPALM BEACH COUNTY
O
P
~FILM & TV COMMISSION ~ I1 L_
~1~ ~ BEAC~ LAKE-~-~ ~ ~; 4'1-~, W--'~B: F'--L T
Municipality Form
City of Delmy Beach
MUNICIPALITY
100 NW 15t Avenue
4DDRESS
Delray Beach FL
'.~ITY STATE ZiP
SPECIAL INSTRUCTIONS
PRIMARY ;ECONDARY POLICE EMS
Name
Title
Phone
24hr #
Fax
E-Mall
FIRE DEPT. CITY ADMIN PARK & REC PARKING
Name
Title
Phone
Fax
E-Mall
OFF DUTY OTHER OTHER OTHER
Name
RUe
Phone
24hr #
Fax
E-Mail
PALM BEACH COUNTY
FILM & TV COMMISSION
ONE STOP
1555 PALM BEACH LAKES BOULEVARD, S# 414, WPB, FL 33401
~.ontlnue from Page I
OTHER OTHER OTHER
Name
Title
Phone
24hr #
Fax
E-Mail
MUnicipality Form
RESOLUTION NO. 34-89
A RESOLUTION OF THE CITY C(kMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ENDORSING THE CONCEPT OF A "ONE-STOP
PERMIT' PROGRAM FOR MOTION PICTURE AND TELEVISION PRODUC-
TION WITHIN THE CITY OF DELRAy BEACH, TO BE ISSUED BY THE
PALM BEACH COUNTY FILM LIAISON OFFICE OF TEE TOUP. IST
DEVELOPMENT COUNCIL~ PROVIDING AN EFFECTIVE DATE.
WHEREAS, Palm Beach County wishes to facilitate the growth of
motion picture and television production in the County~ and,
WHEREAS, the Palm Beach County Film Liaison Office of the
Tourist Development Council is best equipped to provide formal cen-
tralized permitting for production companies wanting to film or tape in
Delray Beach and protect the City's interests as well! and,
WHEREAS, the City Co~iseion of the City of Delray Beach has
deemed it to be in the best interests of the citizens of Delray Beach to
authorize the administration to participate in the 'One-Stop Permits
program for motion picture and television production within the City of
Delray Beach, ~-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ~ FOLLOWS=
Section 1. That the City Manager of the City of Delray Beach,
is designated as Coordinator to the Palm Beach County Film Liaison
Office of the Tourist Development Council.
Section 2. That the City Commission endorses the concept of a
"One-Stop Permit" for motion picture and television production within
the City of Delray Beach. Said permit is to be issued by the Palm Beach
County Film Liaison Office of the Tourist Development Council to a
production company wanting to film or tape within the City, provided,
however, that prior to the issuance of a permit, the office shall inform
the City Manager or his representative and shall obtain the consent of
the City Manager, or his representative. This Resolution shall not
authorize issuance of a permit without the consent of the city Manager,
or his representative, nor shall it be deemed to be a grant of power to
the Tourist Development Council except for the express purpose of
assembling information, coordinating and expediting such applications.
S~ction 3. That no City funds may be expended in connection
with the ~ture or television production without the approval of
the City Commission.
Section 4. That this resolution shall be in force and take
effect i~upon its passage and adoption.
PASSED AND ADOPTED in regular session on this the 2?th day
of June , 1989.
M.AY OR
ATT~STt
City Clerk
rlTY OF DELqAY Communi(y Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Director of Community Improveme~~--~
Kendra W. Graham, C.D. Administrator
October 1, 2003
2002-2003 Community Development Block Grant Subrecipient Funding
Agreement - Aid to Victims of Domestic Abuse
ITEM BEFORE THE COMMISSION:
Approval is requested to execute an agreement for funding with the above listed
subrecipient under the 2002-2003 Community Development Block Grant (CDBG)
Program.
BACKGROUND:
In accordance with 24 CFR 570.301, a Public Hearing was held before the City
Commission on August 6, 2002, to obtain public comment on the proposed budget for the
approval of the Community Development Block Grant Consolidated Action Plan for
fiscal year 2002-2003. The Action Plan contains appropriations for Aid to Victims of
Domestic Abuse, Inc. (AVDA) and was approved by the Commission.
CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the
disbursement of funds to subrecipient organizations, specifying the work to be performed
and reporting requirements, among other requirements and governing provisions. These
agreements have been developed in accordance with the stated regulations and have been
reviewed and approved by the City Attorney for legal sufficiency and form.
RECOMMENDATION:
Staff recommends approval and execution of the attached agreement in order that funding
may proceed in accordance with the Commission approved Action Plan for fiscal year
2002-2003.
FY 2003 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF DELRAY BEACH
and AID TO VICTIMS OF DOMESTIC ABUSE, INC.
THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a
Flodda municipal corporation, hereinafter referred to as "CITY," and AID TO VICTIMS OF
DOMESTIC ABUSE, hereinafter referred to as "the CONTRACTOR," having its mailing address
as P.O. Box 667, Delray Beach, FL 33447-0667.
WlTNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Pmgrem in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the CONTRACTOR to implement an
activity of the Delray Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual premises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3
"24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4
"Program Income' means gross income received, directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6
"Low- and Moderete-lncome" means a household whose income is within specified
income limits set forth by HUD.
1.7
Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a nonconsumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1
The maximum amount payable by the CITY under this Agreement will be Fifty Thousand
dollars ($50,000.00).
3.2
The CITY will be billed by the CONTRACTOR and will disburse two (2) payments (in
equal amounts of $25,000); one payment to be made no later than October 31, 2003,
and the final payment to be made no later than December 31, 2003. Bills shall be
submitted by the CONTRACTOR at least two weeks in advance.
3.3
Status reports shall be submitted by the CONTRACTOR per the following schedule, in
a format prescribed by the CITY:
a. October 31 (for the period 3/1/03 -9/30/03)
b. December 31 (for the period 10/1/03 - 12/31/03)
c. An annual report is also due on October 10, in a format prescribed by the CITY,
showing summary statistics on race, ethnicity, and income level of clients served by
the program.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2003, to September 30, 2004.
2
5.1
5.2
5.3
6.1
6.2
6.3
ARTICLE V
SUSPENSION AND TERMINATION
Termination/Suspension of Payments/A.qreement for Cause: If through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall sPecify in writing the actions that must be taken
by the CONTRACTOR as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the
CONTRACTOR will be paid for allowable services per[ormed under Article II of this
Agreement until the effective date of the termination.
Termination for Convenience of the CONTRACTOR: At any time during the term of this
Agreement, the CONTRACTOR may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination, the
CONTRACTOR shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
The CONTRACTOR agrees to retain supporting documentation relating to activities
funded by this Agreement for a pedod of five years after the termination of the
Agreement.
The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY
per the schedule in Article III of this Agreement.
The CONTRACTOR agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
3
ARTICLE VII
PROGRAM INCOME
The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the CONTRACTOR and used for costs
that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
CONTRACTOR use program income to pay for charges or expenses that are specifically not
allowed pursuant to the terms of this agreement and applicable federal regulations or rules.
The use of program income by the CONTRACTOR shall comply with the requirements set forth
at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1
Federal, State, County and CITY Laws and Regulations: The CONTRACTOR shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21, OMB A-133.
The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of
race, color, religion, sex, or national origin; Executive Order 11246, as amended which
requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub. L 94-163) which requires mandatory standards and policies
relating to energy efficiency.
The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The CONTRACTOR shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those previsions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The CONTRACTOR shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The CONTRACTOR does not assume the CITY's environmental responsibilities
described at 570.604, and
4
9.2
9.3
9.4
9.5
b. The CONTRACTOR does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
Opportunities for Residents and Civil Ri.qhts Compliance: The CONTRACTOR agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. To the greatest feasible extent,
lower-income residents of the project areas shall be given opportunities for training and
employment; and to the greatest feasible extent, eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded
contracts in connection with the project.
Evaluation and Monitorinq: The CONTRACTOR agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The CONTRACTOR agrees to furnish upon request
to the CITY and make copies of transcriptions of such records and information as is
determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set
by the CITY and at other times upon request, information and status reports required by
the CITY to enable the evaluation of said progress and to allow for completion of reports
required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to
monitor its agency on site. Such site visits may be scheduled or unscheduled as
determined by the CITY or HUD.
Audits: Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted accordance with OMB A-
133. Nonprofit organizations that expend less than $300,000 annually in federal awards
shall be exempt from an audit conducted in accordance with OMB A-133, although their
records must be available for review. These agencies are required by the CITY to
submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit
shall cover a time period of not more than 12 months and an audit shall be submitted
covering each assisted period until all the assistance received from this agreement has
been reported on. A copy of the audit report must be received by the CITY no later than
six months following each audit period.
The CONTRACTOR shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The CONTRACTOR is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations."
5
9.6
9.7
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment A).
c. Applicable provisions of 24 CFR 570.502.
Lobbyinq Prohibition: The CONTRACTOR shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for infiuenci*ng or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any federal Agreement, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative
Agreement, and the extension, continuation, renewal, amendment, or modification of
any federal Agreement, grant, loan, or cooperative Agreement.
The CONTRACTOR shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal Agreement.
Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The CONTRACTOR shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project;
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
Iow-and very Iow-income persons, particularly persons who are recipients of HUD
assistance for housing.
bo
The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
The CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the CONTRACTOR's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
6
9.8
9.9
d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any
subcontractor where the CONTRACTOR has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the CONTRACTOR is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets the
requirements outlined in Attachment C.
Property: Any real property under the CONTRACTOR's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the CONTRACTOR's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the CONTRACTOR after being pumhased in
whole or in part with funds from the CITY, shall be listed in the property records of the
CONTRACTOR and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the CONTRACTOR, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. if the property was improved, the records shall describe the programmatic purpose
7
9.10
9.11
9.12
9.13
9.14
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
CONTRACTOR and shall include a description of the property, location, model number,
manufacturer's sedal number, date of acquisition, funding source, unit cost at the time of
acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The CONTRACTOR shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the CONTRACTOR pursuant to the
terms of this agreement. The CONTRACTOR shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return of
all such property to the CITY.
Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any overpayments
due to unearned funds or costs disallowed pursuant to the terms of this Agreement that
were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30
days of expiration or termination of this Agreement execute any and all documents as
required by the CITY to effectuate the reversion of assets. Any funds not earned, as
described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration
or termination of this Agreement shall be retained by the CITY.
Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
Reneqotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in wdting and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and/or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
Riqht to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
CONTRACTOR shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
Disputes: In the event an unresolved dispute exists between the CONTRACTOR and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
8
days of receipt and so advise the CITY and the CONTRACTOR, or in the event
additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day
period that additional time is necessary. The CONTRACTOR agrees that the City
Manager's determination shall be final and binding on all parties.
9.15
Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and
hold harmless and defend the CITY, its agents, employees, and elected officers from
and against any and all claims, demands or causes of action of whatsoever kind or
nature arising out of error, omission, negligent act, conduct or misconduct by the
CONTRACTOR, its agents, employees or officers in the performance of services under
this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
AID TO VICTIMS Of DOMESTIC ABUSE, INC.
By:.
Pdnt
Print
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
200_, by , who is personally known to me.
day of
NOTARY PUBLIC
Sign
Pdnt
Personally Known OR Produced Identification
Type of Identification Produced:
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk Jeff Pedman, Mayor
{31fy A~cEney ' '
9
ATTACHMENT"~
SCOPE OF WORK
The major focus of Aid to Victims of Domestic Abuse; Inc. (AVDA) under this Agreement
will be the construction of a day care facility in conjunction with their new shelter expansion and
construction of additional transitional housing units. The parties to this Agreement recognize
that the funds provided through this Agreement are Federal Community Development Block
Grant funds made available by the U. S. Department of Housing and Urban Development, and
that such funds are provided in accordance with 24 CFR 570.201(c) Public Facilities and
Improvements and 24 CFR 570.208 (a)(2). This project qualifies for assistance as an activity
designed to benefit a specific group of persons (battered spouses), and that those benefiting
are presumed statistically to be principally composed of persons who have Iow and moderate-
incomes.
AVDA agrees to:
a. contract directly with a licensed general contractor to undertake the renovation
work; and include all CD Division required Labor Standard requirements as a
component of the contract; and
b. undertake responsibility for the renovation proceedings and the selected general
contractor's work; and
c. ensure that the CD Division is notified on an on-going basis as to the progress of
the scheduled work; and
d. comply with all requirements of the Davis-Bacon Act as amended, the Copeland
"Anti-Kickback" Act and all other applicable Federal, state, and local laws and
regulations pertaining to labor standards insofar as those acts apply to the
performance of this contract.
e. provide documentation demonstrating that the facility is designed for exclusive
use by a segment of the population presumed by HUD to be LMI (Iow to
moderate income) persons
ATTACHMENT
ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Advertising
Bad debts
Bonding
Communication
Compensation, personnel services
Contingency provisions -~/
Contributions (to others)
Depreciation, use allowance
Donations (from others)
Employee morale, health, welfare
Entertainment
Equipment ~/**
Fines, penalties
Fringe benefits
Fund raising, interest, investment management
Idle facility, idle capacity
Insurance & indemnification
Interest
Labor relations
Lobbying
Losses on other awards
Maintenance, repair
Materials, supplies
Memberships, subscriptions, professional activity
Organization costs ~**
Overtime, shift premiums ~/**
Page charges in professional joumals (research)
Participant support costs ~**
Patent costs
Pension plans
Plant security
Pro-award costs ~/**
Professional services
Profits, losses on asset disposition ~/*
Public information service -~***
Publication and printing costs -~**
Rearrangement, facility alteration
Reconversion costs
Recruiting
Relocation
Rental
* Allowable under limited cimumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "B"
ITEM OF COST OMB A-122
(NONPROFITS)
Unallowable Allowable
Royalties, use of patents, copyrights ~
Severance pay ~/
Specialized service facilities ~
Taxes ~/
Termination-related costs V
Training, education ~/
Transportation ~/
Travel ~/*
* Allowable under limited circumstances.
** Allowable only with prior permission from the CITY.
*** Allowable only as a direct cost with permission from the CITY.
ATTACHMENT "C"
INSURANCE REQUIREMENTS
WORKER'S COMPENSATION
This coverage shall include Worker's Compensation Insurance covedng all employees and
include Employer's Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any subcontractor that does not have their own Worker's
Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is
required and must be provided to the CITY via Certified Mail.
COMMERCIAL GENERAL LIABILITY
This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and
Operations; Independent Contractors' Products and Completed Operations and Contractual
Liability. This policy shall provide coverage for death, personal injury or property damage that
could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit
for bodily Injury Liability and Property Damage Liability.
THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE
COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be
provided to the CITY via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for
Bodily injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type
policy.
The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days wdtten
notice must be provided to the CITY via Certified Mail in the event of cancellation.
In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non-
owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the
CONTRACTOR indicating the following:
"Company Name"
does not own any vehicles.
In the event we acquire any vehicles throughout the term of his ContractJAgreement,
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition.
The CONTRACTOR's Signature:
Federal Labor Standards Provisions
Applicability
The Project or Program to which the construction work covered by this contract
pertains is being assisted by the United States of America and the following
Federal Labor Standards Provisions are included in Ihts Contract pursuant to the
provisions applicable to such Federal assistance.
A. 1. (I) Minimum Wages. All laborers and mechanics employed or working
upon the site of the work (or under the United States Housing Act of 1937 or
under [he Housing Act of 1949 in the construction or development of the
'oject). will be paid unconditionally and not tess often than once a week, and
,¥ithout subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secreta~/of Labor
under the Copetand Act (29 CFR Part 3), the full amount of wages and bona
fide fringe benefits (or cash equivalents thereo0 due at time of payment
computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a par[ hereof,
regardless of any contractual relationship which may be alleged to exist
between.the contractor and such laborers and mechanics. Contributions made
or costa reasonably anticipated for bona fide fringe benefits under Section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the provisions
of 29 CFR 9.5(al(Il(iv); also, regular contdbuUons ~oade or costa incurred for
more than a weekly period (but not less often than quarterly) under plans, funds.
or programs, which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and m~chanics shall be paid the appropriate wage rate and
fringe benefits On the wage determination for the classification of work actually
pertormed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4).
Laborers or mechanics perfom~.ing work in more than one classification may be
compensated at the rate specified for each classification for the time actually
rked therein: Provided, That the employer's pay-roll records accurately set
rth the time spent in each classification n wh ch work is pen~ormed The wa e
detarminat on (including any add one c ass Bcation and wage rates
conformed under 29 CFR Part 5.5(a)(1)(ti) and the Davis-Bacon poster (WH-
1321) shall bo posted at all times by the contractor and its subcontractors at the
site of the work In a prominent and accessible place where it can be easily seen
by the workers. '
(il) (e} Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. HUO shall approve an
additional classification and wage rate and fringe benefits therefore only when
the following briteria have been met.
(1) The work to be performed by the classification mquestad is not
performed by a classification in the wage determination; and
(2) The classification is utilized In the area by the construction
Industry; and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in the wage
determination,
(b) If the contractor and the laborers and mechanics to be employed in
the classification (if known), or their representatives, and HUD or its designee
agree on the classification and wage rate (including the amount designated for
fdnge benefits where appropriate), a report of the action taken shall be sent by
HUD or Its designee to the Administrator of the Wage and Hour Division,
Employmsnt Standards Administration, U.S. Department of Labor. Washington,
D.C. 20210. The Administrator. or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of
receipt and so advise HUD or its designee or will notify HUD or its designee
within the 30-day period that additional rime is necessary. (Approved by the
Office of Management and Budget under OMB control number t215-0140).
(c) in the event the contractor, the laborers or mechanics to be
emptoyed in the classification or their representatives, and HUD or its designee
do not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate).
Previous Edition is Obsolete
U.S. Department of Housing
And Urban Development
HUD or its designee shall refer the questions, including the views of all
Interested parties and the recommendation of HUO or Its designee, to the
Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so
advise HUD or Its designee or wlti noUfy HUD or it designee within the 30*day
per[od that additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate}
determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be
paid to all workers performing work in the classificaUon under this con-tract from
the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate preschbed in the contract for a class
of laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rale, the contractor shall either pay.the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer or
mechanic the amount of any costa reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided. That the Secretary of
Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may
reqcire the contractor to set aside in a separate account assets for the meeting
of obligations under the plan or program. (Approved by the Office of
Management of Budget under OMB Control Number 1215-0140.)
2. Wlthboldlng. HUD or its designee shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or
contract subject to Davis-Bacon prevailing wage requirements, which is held by
may be considered necessary to pay laborers and mechanics, including
apprentices, trainees and helpers employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice, trainee or
helper, employed or working on the site of the work (or under the United States
Housing Act of lti37 or under the Housing Act of 1949 In the construction or
development of the project), all or part of the wages required by the contract,
applicanL or owner take such action as may be necessary to cause the
violations have ceased. HUD or its designee may, after written notice to the
Comptroller General shall make such disbursements in the case of direct Davis-
applicable programs. (Approved by the Office of Management and Budget
under OMB Control Numbers 1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which any
contract work is performed a copy of all payroits to HUD or its designee if the
agency is a party to the contract, but if the agency is not such a party, the
maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted
in any form desired. Optional Form WH-347 is available for this purpose and
may be purchased from the Superintendent of Documents (Federal Stock
Number 02g-005-00014-1), U.S. Government Printing Office, Washington, DC
20402. The prime contractor is responsible for the submission of copies of
payrolls by all subcontractors. (Approved by the Office of Management and
Budget under OMB Control Number
1215-0149,)
(b) Each payroll submitted shall be accompanied by a "Statement of
shall certify the fotiowlng:
(I) That the payroll for the payroit period contains the information
required to be maintained under 29 CFR Part 5.5 (a)(3)(I) and that such
(2) That each laborer or mechanic (including each helper, apprentice,
and trainee} employed on the contract during the payroll period has been paid
the full weekly wages ear.ned without rebate either directly or indirectly, and
wages earned other than permissible deductions as set forth in 29 CFR Part 3;
classification of work performed aa specified in the applicable wage
(c) The weekly submission of a properly executed certification set forth on
the reverse side of Optidnal Form WH-347 shall satisfy the requirement for
submission Of the "Statement of Compliance" required by paragraph A.3.(it)(b)
of this section.
(iii) The contractor or subcontractor shall make the records required under
paragraph A.3.(i} of this section availabta for inspection, copying, or
transcription by authorized representatives of HUD or its designee or the
Department of Labor. and shall permit such representatives to interview
employees dudog working hours on the job. If the contractor or subcontractor
fails to submit the required records or to make them available. HUD or its
designee may after written notice to the contractor, sponsor, appitcant, or
grounds for debarment action pursuant to 29 CFR Part 5.12.
4. (t} Apprentices and Trainees. Apprentices. Apprentices will be permitted
to work at less than the predetermined rate for the work they per-formed when
they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration. Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by the Bureau. or if
· person is employed in his or her first 90 days of probationary employment as
registered in the program, but who has been certified by the Bureau of
ApprenUceshlp and Training or a State Apprenticeship Agency (where
appropriate} to be eligible for probationary employment as an apprentice. The
aitowable ratio of apprentices to journeymen on the job site in any craft
addition, any apprentice performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the
applicabts wage rate on the wage determination for the work actually
pertormed. Where a contractor is performing construction on a project in a
locality other than that in which its program is registared, the ratios and wage
rate (expressed in percentages of the journeyman's houdy rate specified in the
registered program for the apprentice's ravel of progress expressed as a
percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits apprentices must be paid the full amount of fringe
benefits listed on the wage detenminafion for the applicable classification, if
the Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Bureau of Apprenticeship and Training, or a
State Apprenticeship Agency recognized by the Sureau withdraws approval of
an apprenticeship program, the contractor wifi no longer be permitted to utifize
apprentices at less than the appticable predetermined rate for the work
performed until an acceptable program i~ approved.
(ID Trainees. Except as provided in 29 CFR 5.16, traitress wilt not be
permit!ed to work at less than the predetermined rate for the work performed
unless they are employed pursuant to and individually registered in a program
which has received prior approval evidenced by formal certification by the U,S.
Department of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than permitted under
the plan approved by the Employment and Training Administration· Every
trainee must be paid at not less than the rate spaclfied in the approved program
for the trainee's level of progress expressed as a percentage of the joumeyman
hourly rate specified in the applicable wage determination. Trainees shall be
paid fdnge benefits in accordance with the provisions of the trainee program, If
the trainee program does not mention fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division
determines that there is an apprenticeship program associated with the
corresponding journeyman fringe benefits for apprentices. Any employee listed
on the payroll at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Admthistrati~n shall
be paid not Iess than the applicable wage rate on the wage determinat[on for
the work actually performed. In addition, any trainee performing work on the
job site not less than the applicable wage rate on the wage determination for
the work actually performed, In the event the Employment and Training
Administration withdraws approvat of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is
approved.
(iii) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as amended,
and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contractor shall
comply with the requirements of 29 CFR Part 3 wh[ch are incorporated by
reference in this contract.
6. Subcontracts. The contractor or subcontractor will insert in any
subcontracts the clauses contafned in 29 CFR 5.5(a)(1) through (10} and such
other clauses as HUD or its designee may by appropriate instructions require
and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract
clauses in 29 CFR Part 5,5.
7. Contract termlnagon; debarment. A breach of the contract clauses in 29
CFR 5.5 may be grounds for termination of the contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. Ail
ratings and interpretations of the Davis-Bacon and Related Acts contained in 29
CFR Paris 1.3 and 5 are herein incorporated by reference in Ihis contract.
9. Disputes concerning labor standards. Disputes ar[sing out of the labor
standards provisions of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resoNed in accordance v~th the
procedures of the Department of Labor set forth in 29 CFR Pa~s 5, 6, and 7.
Disputes within the meaning of thts clause include disputes
between the contractor (or any of its subcontractors) and HUD or its designee.
the U.S. Department of Labor. or the employees or their representatives.
10. (I} Certification of E]iglbitity. By entering info this contract the con-tractor
cerdflee that neither it (nor he o~ she) nor any person or firm v/no has an icterest
in the contractor's firm is a person or firm Ineligible to be awarded Government
contr~cta by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)
or to be awarded HUD contracts or participate in HUD programs pursuant to 24
CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of Section 3(a) of the
Davis-Bacon Act or 29 CFR 4.12(a)(1) o~ to be awarded HUD contract or
partictpate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements Is prescribed in the U.S.
'~lminal Code 18 U.S.C, 1001. Additionally, U.S. Criminal Code Section
0, Title 18 U.S.C.--Federal Housing Administration transactions" provides in
part 'Whoever, for the purpose of... in~luencing in any way the action of such
Adralnlatration...makes, utters or pubtishes any statement knowing the same to
be feise..,sha[I be fined not more than $5,000 or imprisoned not more than two
yearn of' both,'
(11). Compleinti, proceec~ngs, or Testimony by Employees. No ioborer or
mechanic to whom the wage, salary, or other labor standards provisions of this
Contract ere applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such
employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or
relating to the labor standards applicable under this Contract to his employer.
B Contract Wor~ Hours and Safety Standards ACt. As used in this
paragraph, the te~ms Alaborers' and Amech anics' include watchmen and
guards.
(I) Ovedlme requirements. No contractor or subcontractor contracting for
any part of the contract work which may require or involve the employment of
laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek In which he or she is employed on such work to work in excess of
forty houm in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half time the basic rate of
ay for all hours worked in excess of forty hours in such work-week.
(2)Violation; tiablllty for unpaid wages; liquidated damages. In the event
of any violation of the clause set forth in subparagraph (1) of this paragraph, the
contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages, In addiUon, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of
Cofumbla or ~ territory, to such District or to such territory), for liquidated
damages.
Such liquidated damages shall be computed with respect to each thdlvidua(
laborer or mechanic, including watchmen and guards, employed In viofaiton of
the clause sat forth lo sub-paragraph (f) of this paragraph, in the sum of $10 for
each calendar day on which such individual was required or perm[fled to work
in excess of the standard workweek of forty hours without payment of the
overtime wages required by the ctause set forth in subparagraph (I) of this
paragraph.
(3) Withholding for unpaid wages and itquldated damages. HUD or its
designee shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld
from any moneys payable on account of work performed by the contractor or
subcontractor un,er any such contract or any other Federal contract with the
same prime contract or any other Federally-assisted con.tract subject to the
Con~ract Work Hours and Safety Standards Act which is held by the same prime
contractor such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in subparagraph (2) of this
paragraph.
(4) Subcontracts. The contractor or ~boontractor shati Insert in any
subcontracts the clauses set foll~ in subparagraph (1) through (4) of this
paragraph and also a alause requi~lng the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with
the cJauses set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work In su~oundings or
under working condifions which are unsanitary, hazardous, or dangerous to his
heelth and safety as determined under construction safety and health standards
promulgated by the Secretary of Labor by regulation. ~
(2) The Contractor shall comply with all regulations Issued by the
Secretary of Labor pursuant to Title 29 Pa~ 1926 (formerly part 1518) and
failure to comply may result in imposition of sanctions pursuant to the Con-tract
Work Hours and Safety Standards ACt (Public Law 91-54. 83 Stat 96).
(3) The Contractor shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor. The
Contractor shall take such action with respect to any subcontracts as the
Secretary of Housing and Urban Development or the Secretary of Labor cheil
direct as a means of enforcing sudi~ provisions,
HUD-4010 (2-84)
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
__ Special Agenda
__ Workshop Agenda
xxxx Consent Agenda
Date: October 1, 2003
When: October 7, 2003
Description of item:
Request to approve and execute an agreement with Aid to Victims of Domestic Abuse,
Inc. (AVDA) for funding under Fiscal Year 2002-2003 CDBG Grant Program. Funding
will be made available from accounts within the CDBG budget. Total funding is
$50,000.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval and execution of the subrecepient agreement for funding.
Department Head Signature:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: ~._E~/NO
Funding Alternatives: (if applicable)
Account No. & Description: ~\~[t]
Account Balance:5~ ~.'~O,~.t %la:.b0
City Manager Review:
Approved for Agenda'~O ~7'~ ~ ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
DELRAY BEACH
Ali-America City
1993
2001
MEMOR qDUM
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
City Manager
obert A. Barcinski
ssistant City Manager
September 26, 2003
Agenda Item Ci,ty Commission Meeting October 7~ 2003 Agreement
for Lobbying Services
561/243 7000
ACTION
City Commission is requested to approve an Agreement for Lobbying Services with
Kathleen Daley and Associates, Inc. from October 1, 2003 to September 30, 2004 in the
amount of $48,000. Funding is available in account number 001-1111-511-34.90.
BA CKGR 0 UND
Attached is a proposed Agreement for Lobbying Services with Kathleen Daley and
Associates, Inc. The amount of the agreement is the same as it has been the last several
years. Services provided under this contract include providing the City lobbying
assistance and representation with the Governor and Cabinet, local State Legislators,
County Commissioners and Federal officials. The lobbyist attends legislative committee
meetings, regular legislative sessions, special sessions as needed, and other meetings as
required. She also interfaces with the Florida League of Cities assisting the City in
coordinating its efforts with the League. In addition, the lobbyist will provide monthly
reports when the legislature is not in session and every two weeks during the session.
She will assist in developing the City's legislative platform and assist in identifying
funding sources for projects.
Ms. Daley has been the City lobbyist for 16 years. In the past, she has been instrumental
in obtaining grant funding for Old School Square; and ensuring that Beach Re-
nourishment legislation and funding have benefited the City. Ms. Daley has assisted in
defeating legislation detrimental to the CRA and helped rewrite state statutes affecting
CRA's. She has drafted legislation to expand wastewater reuse options without
jeopardizing funding, assisted in obtaining grant funding for the Sandoway House,
assisted the City in working with FPL to get turtle lights on A-l-A, and worked with the
Municipal League on issues affecting cities.
We have found in the past that it is beneficial to have a lobbyist based in Tallahassee,
especially when committees and the legislature are in session.
RECOMMENDATION
Staff recommends approval of the Agreement for Lobbying Services with Kathleen
Daley and Associates, Inc. in the amount of $48,000 from October 1, 2003 to September
30, 2004. Funding is available in account number 001-1111-511-34.90.
RAB/tas
File:u.'sweeney/agenda
Doc: daley 03-04
Kathleen E. Daley & Associates, Inc.
Governmental Consultants
108 S. Monroe S~ree~, Suite 200 · Tallahassee, Florida 32301
Phone: 850-224-5300 · Fax: 850-224-8287 · E-Maih kdaley2000@aohcom
AGREEMENT FOR LOBBYING SERVICES
As Government Affairs Consultant/Lobbyist for the City of Defray
Beach, I, Kathleen Daley, an equal para,er of Kathleen Daley & Associates,
Inc,, a public relations/political consulting/governmental affairs firm, will
continue to represent the interest of the City before the Governor and Cabinet,
state agencies, and the Florida Legislature, which representation would include
attendance at all necessary House and Senate committee meetings during each
calendar year, necessary delegation meetings, as well as the regular session and
any relevant special sessions of the Florida Legislature, and continue to monitor
all legislation affecting municipalities on behalf of the City of Delray Beach.
As Governmental Affairs Consultant/Lobbyist for the City of Delray
Beach, and managing partner of the account, working in conjunction with the
Delray Beach City Council, the Delray Beach City Manager, and other such
staffpersons within the City Administration as they are related to my duties on
behalf of the City.
I will make myself ava'llabie to the above mentioned persons and offices
on both regular and "as needed" basis for the meetings and discussions related
to my duties on behalf of the City.
In addition to all previous responsibilities Kathleen E. Daley &
Associates will provide to the Commission, through the City Manager's office a
monthly report during those months when the legislature is not in session.
During the legislative session Kathleen E. Daley & Associates will provide a
report/update every two weeks. Kathleen E. Daley & Associates will have
regular conference calls throughout the session and as needed throughout the
year.
Kathleen E. Daley & Associates will be provided with any
documentation regarding the Commission's master plan, long-range plan and
overall wish list. Kathleen E. Daley & Associates will review said documents
and identify possible funding sources, legislation and any action required to
assist in reaching the goals of the Commission.
Kathleen E. Daley & Associates, in coordination with the City Manager's
office, will attend City Commission workshops/meetings to discuss and create
the City's official legislative platform at the Commission's request.
In addition, if the Commission can see any reason why Kathleen E. Daley
& Associates should attend any other community meetings Kathleen E. Daley
& Associates shall be notified accordingly.
It is submitted that my services would be initially contracted for a period
of one (1) year from October 1, 2003 to October 1, 2004, to be reviewed for
renewal by the Commission at the end of said period.
Kathleen Daley & Associates, Inc. is willing to undertake the foregoing
representation on the following basis:
1. Kathleen Daley & Associates, Inc. will be paid a retainer in the
total amount of $48,000 for the contracted period due in twelve (12) equal
monthly installments payable by the 30th of each month beginning in October of
2003.
2. Any additional "special project" work which may be requested at
any time by the City Commission of the Office of the City Manager, and which
falls outside of my realm of duty as Governmental Affairs Consultant/Lobbyist
for the City, will be contracted for separately and on a special project basis.
3. Either the City of Delray Beach or Kathleen Daley & Associates,
Inc. may terminate this agreement at any time, pursuant to the following:
(i) If terminated by the City of Delray Beach at any time during the
contracted period, for other than good cause, Kathleen Daley & Associates, Inc.
will retain the total amount of $48,000.
(ii) If terminated by the City of Delray Beach at any time during the
contracted period, for good cause, Kathleen Daley & Associates, Inc. will retain
a prorated to-date portion of the total amount of $48,000. Good cause shall
include, but not be limited to, the arrest of any of the principals of Kathleen
Daley & Associates, Inc. and/or conduct by any &the principals of Kathleen
Daley & Associates, Inc. which may subject the City of Delray Beach or
Kathleen Daley & Associates, Inc. to negative publicity which would hamper
the effectiveness of Kathleen Daley & Associates, Inc. in fulfilling their
obligations under this agreement.
(iii) If terminated by Kathleen Daley & Associates, Inc. at any time
during the contracted period, Kathleen Daley & Associates, Inc. will retain a
prorated to-date portion of the total amount of $48,000.
4. This Agreement shall be executed as an original and three
KATHLEEN DALEY & ASSOCIATES INC.
t' l~athlee~ E~ D~l~y -'
CITY OF DELRAY BEACH, FLORIDA
counterparts.
ATTEST:
City Clerk
Approved as to form:
By
Mayor
City Attorney
Request to be placed on:
X Regular Agenda
When: October 7, 2003
Description of agenda item:
AGENDA ITEMNUMBER:
AGENDA REQUEST
Special Agenda
Date:
__ Workshop Agenda
City Commission is requested to approve an Aqreement for Lobbying Services with Kathleen
Daley and Associates, Inc. from October 1, 2003 to September 30, 2004 in the amount of
$48,000. Fundinq is available in account number 001-1111-511-34.90.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation: Approval
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving e>[pen~diture of funds):
Funding available: ~.~/~' ']~/~ No~~'~¢'''°3
Funding alternatives: (if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: Yes
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
No
Disapproved
P.O. #
City of Delray Beach CommuniV Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Director of Community Improvement
Kendra W. Graham, C.D. Administrator ~
October 1, 2003
2003-2004 Florida Department of Children & Families, Alcohol, Drug
Abuse & Mental Health Program Office Grant Award
ITEM BEFORE CITY COMMISSION
Approval is requested to execute a contract for the provision of community-based
substance abuse prevention services with Village Foundation.
BACKGROUND
The Department of Children and Families (DCF) notified Village Foundation that at the end of
the 2002-2003 fiscal year (June 20, 2003) they would no longer be contracting with them for the
provision of adult and children's substance abuse prevention services for the upcoming 2003-
2004 fiscal year. DCF agreed to contract with the City of Delray Beach for science-based
prevention services.
The City applied to DCF and was awarded a grant effective July t, 2003 through June 30, 2004,
for the provision of an Adult Substance (ASA) and Children's Substance Abuse (CSA) grant.
The total grant amount is $162,637 ($40,000 ASA and $122,637 CSA). Several of Village
Foundation's staff have completed the required "Creating Lasting Family Connections (CLFC)
science based curriculum training and the City has received permission from DCF to subcontract
with Village Foundation for these services. The City will act as the fiscal agent for all financial
and reporting requirements to DCF, monitoring all work performed by Village Foundation to
ensure compliance according to program guidelines. The agreement has been reviewed and
approved by the City Attorney for legal sufficiency and form.
RECOMMENDATION
Staff recommends approval and execution of the attached agreement.
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND VILLAGE FOUNDATION
THIS AGREEMENT made this day of 2003 by and
between the CITY. OF DELRAY BEACH (hereinafter called CITY) and MAD DADS
of GREATER DELRAY BEACH d/b/a VILLAGE FOUNDATION (hereinafter
called Village Foundation).
WITNESSETH:
The CITY and VILLAGE FOUNDATION in consideration of the mutual covenants
hereinafter set forth, agree as follows:
1. The agreement between the CITY and VILLAGE FOUNDATION shall
include the agreement between the City and Department of Children and
Families with exhibits, which are attached hereto and incorporated herein by
reference. Village Foundation shall perform all terms and conditions provided
in the attached agreement.
2. The term of ~is Agreement shall commence on the date written above and
shall expire with the expiration of the attached agreement.
This agreement shall be governed by the laws of the State of Florida as now
and hereafter in force. The venue for actions arising out of this agreement
shall be Palm Beach County, Florida.
4. All notices, requests, demands, and other given if personally delivered or
mailed, certified mail, return receipt requested, to the following addresses:
As to City:
City of Delray Beach, FL
100 NW 1st Avenue
Delray Beach, FL 33444
As to Village Foundation:
Village Foundation
141 SW 12a~ Avenue
Delray Beach, FL 33444
The VILLAGE FOUNDATION shall not, without written consent of the
CITY, assign any portion of its interest under this Agreement and,
specifically, the VILLAGE FOUNDATION shall not assign any moneys due
or to become due without the prior written consent of the CITY.
The CITY and VILLAGE FOUNDATION each binds itself, its partners,
and successors, assigns and legal representatives to the other party hereto in
respect to all covenants, conditions and obligations contained in the
Agreement.
The VILLAGE FOUNDATION shall defend, indemnify and save harmless
thc CITY, its officers, agents and employees, from or on account of any
liabilities, damages, losses and costs received or sustained by any person or
persons by or in consequence of any negligence (excluding the sole
negligence of the CITY), recklessness or intentional wrongful misconduct of
the VILLAGE FOUNDATION and any persons employed or utilized by the
VILLAGE FOUNDATION in the performance of this Agreement. The
VILLAGE FOUNDATION agrees that negligent, reckless or intentional
wrongful misconduct includes, but is not limited to, use of any improper
materials or liabilities, damages, losses or costs caused by or on account of the
usc of any improper materials. The VILLAGE FOUINDATION agrees that
negligent reckless or intentional wrongful misconduct also includes, but not
limited to, the violation of any Federal, State, County of City laws, by-laws,
ordinances or regulations by thc VILLAGE FOUNDATION, its agents,
servants or employees.
The indemnification provided above shall obligate the VILLAGE
FOUNDATION to defend at its expense or to provide for such defense, at the
CITY'S option, for any and all claims or liability and all suits and actions of
every name and description that may be brought against the CITY which may
result fi.om the operations and activities under this Agreement performed by
the VILLAGE FOUNDATION, its agents or employees. This
indemnification includes all cost and fees including attorneys' fees and cost at
trial and appellate levels.
The VILLAGE FOUNDATION agrees that this is a fixed price (unit cost)
contract for thc delivery of services provided in accordance with the terms of
this contract for a total dollar amount not to exceed $162,637.00. The CITY
agrees to reimburse the VILLAGE FOUNDATION for approved
expenditures, at the costs and limits listed on Exhibit A. Disbursements will
be made monthly and will be released only upon the receipt of each report and
necessary data (as determined by the City), covering the month for which
reimbursement is requested.
10. This Agreement shall be considered null and void unless signed by both the
VILLAGE FOUNDATION and the CITY.
I I. This Agreement and the documents attached hereto shall constitute the entire
agreement between the CITY and VILLAGE FOUNDATION and may only
be altered, amended or repealed by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and
year first above written
ATTEST:
CITY OF DELRAY BEACH, FL
City Clerk
By:
JeffPeflman, Mayor
.,/f.~./)~ed as to form:
WITNESSES:'
(please type or print name)
(please type or prim names)
MAD DADS of GREATER
DELRAY BEACH d/b/a VILLAGE
FOUNDATION
By:
(please type or print name)
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
The forgoing instrument was acknowledged before me this
,2003, by
officer or agen0, of
.day of
.(name of officer or agent, title of
.(state or place of
incorporation) and has used his/her
(type of identification) as identification.
Signature of Person Taking Acknowledgement
Name of Acknowledger Typed or Printed
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
Special Agenda
__ Workshop Agenda
__ Consent Agenda
Date: October 1,2003
When: October 7, 2003
Description of item (who, what, where, how much):
Authorization and approval to execute an agreement with Village Foundation for the
provision of adult and children's substance abuse prevention services.
ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval and execution of attached agreement with
Village Foundation.
Department Head Signature: ~ ~:~-~'~--.--.
City Attomey Review/Recommendation (if applicable):_
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding Alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda:(Y~E.~/NO~
Hold Until: "~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM #'~ - REGULAR MEETING OF OCTOBER 7. 2003
2003 LOCAL LAW ENFORCEMENT BLO(~K GRANT(LLEGB)
OCTOBER 3, 2003
This is before the Commission to approve the acceptance of the FY 2003 Local Law Enforcement Block
Grant (LLEBG) award of $121,447.00, with a City match of $13,494.00 for a total of $134,941.00.
The Commission approved the allocation of finds at the August 19, 2003 City Commission Meeting
as follows:
Police Overtime
Volunteer Program
Building Security Upgrade
Vehicle Alarms
$60,000
$25,O00
$40,320
$ 7,000
Funding is available from 115-2128-521-Various (2003 Local Law Enforcement Block Grant).
Recorranend acceptance of the FY 2003 Local Law Enforcement Block Grant in the total mount of
$134,941.00, which includes the City's match funds of $13,494.00.
S:\City Clerk\agenda m~\2003 Local Law Enforcement Block Grant. 10.7.03
Delray Beach Police Department
300 West Atlantic Avenue, Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
Joseph L. Schroeder
Chief of Police
Ail-America City
1993
2001
MEMORANDUM
TO:
FROM:
Barbara Gadto
City Clerk ~.
David Junghanb-~ \
Administrative Serw'C~s
Director
DATE:
September 22, 2003
SUBJECT: AGENDA REQUEST
The Police Department has been awarded a Federal Block Grant, total grant
award, $121,447.00, with a 10% City match. This brings the total available grant
funding to $'t32.3C0.00_ The City Commission must, new agree to accept the
Block Grant
·
Should you have any ques i"t~oons o~"~ r%quire any a~ditional information, please
contact me at once·
LDJ/
Enclosure
Serving with P..R. LD.E.
Professionalism, Respect, Integrity, Diversity and Excellence
Award Overview Page 1 of 1
8pplication
FY 2003 Local Law Enforcement Block Grants Program ~
Delray Beach City, FL ~
Award RFD Grant Changes Fna Grant Report Correspondence I Switch to ... ~
Award Handbook Overview
Overview
Review CEO
Information
Accept Award
View Award Document
Financial Institution
Information
Decline Award
Your award has already been accepted. You may review information
related to the award, but you will not be able to change the CEO or jurisdiction
information.
FY 2003 LLEBG Award Information
FY 2003 LLEBG Final Award Amount*
*This amount reflects the final award amount for FY $ 121,447.00
2003 plus any needed adjustment to the FY 2002
Award amount
$
Matching Amount 13,494.00
Please click on the Continue button to review CEO information or view the award
documents.
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LLEBG Home
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https://grants.oj p.usdoj .gov/llebgs//llebg2000.award.overview?p_bgid=5 9/22/2003
U.S. Department of Justice
Office of Justice Programs
Bureau of. Justice Assistance
Office of the Director
Washington, D.C. 20531
August 28, 2003
Mr. Harden
City Manager, Delray Beach City
100 NWI st Avenue
Delray Beach, FL 33444-3695
RE: Fiscal Year 2003 Local Law Enfomement Block Grants Program
Dear Mr. Harden:
I am pleased to inform you that I have approved the application for funding under the
Bureau of Justice Assistance's (BJA) Fiscal Year 2003 Local Law Enforcement Block
Grants (LLEBG) Program in the amount of $121,447 for Delray Beach City. The purpose of
the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award
may be used for any of the purpose areas described in the statute.
Enclosed you will find the Grant Award and Special Conditions documents. If you have any
programmatic questions regarding this award, please contact BJA's Programs Office at
(202) 514-6638. In addition, all financial questions regarding this award should be
directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786.
1 look forward to a continuing partnership with Delray Beach City in furtherance of this
important criminal justice program.
Sincerely yours,
C. Camille Cain
Acting Director
Attachments
U.S. DEPARTMENT OF JUSTICE
OFFICE OF ~JSTICE PROGRAMS
CHECK APPROPRIATE BOX
1. GRANTEE NAME AND ADDRESS (Including Zip Cud¢)
Delray Bcach City
100 NW 1st Avenue
D¢lray Beach, FL 33444-3695
AWARD
xl G~NT
I COOPERATIVE AGREEMENT
PAGE 1 OF 7
4. AWARD NUMBER: 2003-LB-BX-1512
5. PROJECT PERIOD: PROM
BUDGET PERIOD: FROM
10/01/2002 TO 09/30/2004
10/01/2002 TO 09/30/2004
IA. GRANTEE IRS/VENDOR NO. 596000315 6. AWARD DATE 08/28/2003 7 ACTION
2, SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 8. SUPPLEMENT NUMBER
Iii Initial
3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $121,447
FY 2~03 Local Law Enforcement Blcek Grants
I I. TOTAL AWARD $121,447
12. SPECIAL CONDITIONS (Check, if appheabl¢)
X ] THE ABOVE GRANT PROJECT 1S APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
i ON THE ATTACHED 6 PAGES
13, STATUTORY AUTHORITY FOR GRANT
TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968.
42 U.S.C 3701. ET. SEQ.. AS AMENDED
TITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974
42 U.S.C. 5601, ET. SEQ., AS AMENDED
VICTIMS OF CRIME ACT OF 1984, 42 US.C 10601, ET. SEQ., PUBLIC LAW 98473, AS AMENDED
IX ~ OTHER (Specify): Fiscal Year 2002, D~partrnents of CommeNt, Justice, and State, the Judi¢imy, and Related Agencies Appropriations Act (Pub. L.
No. 107-77)
14. FUTURE FISCAL YEAR(S) SUPPORT:
SECOND YEAR'S BUDGET PERIOD: N/A
AMOUNT OF FUNDS: N/A TYPE OF FUNDS:
THIRD YEAR'S BUDGET PERIOD: N/A
AMOUNT OF FUNDS: N/A TYPE OF FUNDS:
15. METHOD OF PAYMENT
THE GRANTEE WILL RECEIVE CASH VIA A LETTER OF CREDIT YES ~
NO
NTE ×CcEPTANC£
TYPED NAM E AND TITLE OF APPROVING OJP OFFICIAL 18 TYPED NAME AND TITLE OF AUTHOPdZED GRANTEE OFFICIAL
( Camille Cain David Harden
Acting Director City Manager
Bureau of Justice Assistance
17 SIGNATURE OF APPROVING OJP OFFICIAL 19. SIGNATURE OF AUTHORIZED GRANTEE [gA. DATE
AGENCY USE ONLY
20 ACCOUNTING Ct.~iFtC~TIO~ COUES 21. LISMla
, FISCAL FUND BUD D[V
YEAR CODE ACT. OFC REG. SUB POMS LI02U01512
X B LI 80 00 00
OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
[i~ OJP x. BJA OJJDP
BJS Nil OVC
CHECK APPROPRIATE BOX
PROJECT NUMBER: 2003-LB-BX-1512
AWARD CONTINUATION
SHEET
X GRANT
COOPERATIVE AGKEEMENT
AWARD DATE 08/28/2003
SPECL4L CONDITIONS
PAGE
2 OF7
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition
of the Office of Justice Programs (OJP) Financial Guide.
2. The recipient agrees to comply with the organizational audit requirements of OMB Circular, A-133, Audits of
States, Local Governments and Non-Profit Organizations, as further described in OJP's Financial Guide,
Chapter 19.
3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if
recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office of Civil Rights, is
a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as
the recipient is in compliance.
4. The recipient agrees that federal funds under this award will be used to supplement but not supplant state or
local funds, pursuant to section 101(g) of H.R. 728, 104th Cong. (1995).
5. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement iwenty
(20) days prior to public release. Any publications (written, visual, or sound), whether published at the
recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press
releases, newsletters, and issue analysis.)
"This project was supported by Grant No. 2003-LB-BX-1512 awarded by the Bureau of Justice Assistance,
Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author
and do not necessarily represent the official position or policies of the U.S. Department of Justice."
The recipient agrees to provide information required for any national evaluation conducted by the U.S.
Department of Justice.
The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement
officers and/or support personnel, as described in the applicable purpose area of Subpart A section 101(a)(2) of
H.R. 728, 104th Cong. (1995), that the recipient unit of local government will achieve a net gain in the number of
law enforcement officers who perform non-administrative public safety service. If the funds are used for the
hiring and employing of new, additional law enforcement officers and/or support personnel, the unit of local
government will establish procedures to give members of the Armed Forces who, on or afier October 1, 1990,
were or are selected for involuntary separation (as described in section 1141 of Title 10, United States Code),
approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided
under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D
of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional
law enforcement officers or support personnel.
OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE
US. DEPARTMENT OF JUSTICE AWARD CONTINUATION
OFFICE OF ,rUSTICE PROGRAMS SE EET
~ BJS NI$ i OVC ! COOPERATIVE AGREEMENT
CHECK APPROPRIATE BOX
PROJECT NUMBER: 2003*LB-BX-1512 AWARD DATE 08228/2003
SPECL4L CONDITIONS CONTINUED
8. The recipient agrees this award document constitutes the obligation of federal funds for use by the recipient in
execution of the program or project covered by the award. Such obligation may be terminated without further
cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special
conditions within 45 calendar days from the date of award.
9. The recipient agrees to submit the Request for Drawdown via the lntemet system within 90 calendar days from
the date of award, or to have all federal funds deobligated for redistribution during the next funding cycle.
10. Local recipients agree to one 24 month obligation and expenditure period, as established at the approval of the
Request for Drawdown. All funds must be expended by the end of this 24 month period with no exceptions.
11. The recipient agrees to provide and expend a 10 pement cash match (calculated as I/9 of the federal award
amount) before the end of the 24 month obligation and expenditure period. The recipient is reminded that the
matching funds are subject to audit under Special Condition #2 and will be binding to the recipient. Program
income/interest earned on Federal funds may not be considered as part of recipienfs 10 percent cash match.
12. Local recipients are required to establish a trust fund account. This fund may not be used to pay debts incurred
by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also
agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the 24 month
period. Grant funds (including any interest earned) not expended by the end of the 24 month period must be
returned to the Bureau of Justice Assistance (BJA) by the end of the 27th month, along with the final submission
of the Financial Status Report (SF-269A).
13. The recipient agrees to submit one final progress report via the Internet system at the end of the 24 month
obligation and expenditure period.
14. The recipient agrees, if fimds are used by the recipient or subrecipient for enhancing security and/or crime
prevention programs, that the recipient or subrecipient - -
(a) has an adequate process to assess the impact of any enhancement of a school security measure that is
undertaken under subpara~aph (B) of section 101(a)(2), on the incidence of crime in the geographic area where
the enhancement is undertaken;
(b) will conduct such an assessment with respect to each such enhancement; and,
(c) will submit to the Bureau of Justice Assistance (BJA) an annual written assessment report.
OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE
U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION
OFFICE OF JUSTICE PROGRAMS SHEET
[] OJP ~ BSA I50JJDP X~ GRANT PAGE
BJS bill OVC ~ COOPERATIVE AGREEMENT
CHECK APPROPRiATE BOX I
PROJECT NUMBER: 2003-LB-BX-1512 ^WARD DATE 08/28/2003
4 OF7
SPECIAL CONDITIONS CONTINUED
15. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence
Systems.
16. The recipient agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other
related federal environmental impact analyses requirements in the use of these grant funds, either directly by the
recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the recipient agrees to first determine
if any of the following activities will be related to the use of the grant funds. The recipient understands that this
special condition applies to its following new activities, whether or not they are being specifically funded with
these grant funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third
party, and the activity needs to be undertaken in order to use these grant funds, this special condition must first
be met. The activities covered by this special condition are:
1. New construction;
2. Minor renovation or remodeling ora property either (a) listed on or eligible for listing on the National
Register of Historic Places or (b) located within a 100-year flood plain;
3. A renovation, lease, or any proposed use ora building or facility that will either (a) result in a change in its
basic prior use or (b) significantly change its size; and,
4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased
as an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or educational environments.
Application of This Special Condition to Recipient's Existing Programs or Activities:
For any of the recipient's or its subrecipient's existing programs or activities that will be funded with these grant
funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of
a national or program environmental assessment of that funded program or activity.
17. The recipient agrees to ensure that the State Information Technology Point of Contact receives written
notification regarding any information technology project funded by this grant during the obligation and
expenditure period. This is to facilitate communication among local and state governmental entities regarding
various information technology projects being conducted with these grant funds. In addition, the recipient agrees
to maintain an administrative file documenting the meeting of this requirement. For a list of State Information
Technology Points of Contact, go to htip://www.ojp.usdoj.gov/ec/states.htm
OSP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE
U,S. DEPARTMENTOFSUSTICE ' AWARD CONTINUATION
OFFICE OF J~STICE PROGRAMS SHEET
[j O,E [xj E! O,,DP : °RANT
CHECK APPROP~ATE BOX
i~osEcx NUMB~ i~3T~-.~ii~ii ] AWARD DATE 08/2W2~3
PAGE 5 OF 7
SPECIAL CONDITIONS CONTINUED
18. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, at least one (1) public
hearing will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification
to BJA, via thc Interact system, of the public hearing. At the hearing, persons shall be given an opportunity to
provide written and oral views to the recipient on the proposed use(s) of the grant funds. The recipient will hold
the public hearing at a time and place that allows and encourages public attendance and participation. The
recipient may not request a drawdowa of funds until these requirements are met and the formal budget
allocations are adopted by the recipient.
19. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, a previously designated or
newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will
designate the advisory board to make nonbinding recommendations on the use(s) of funds under the LLEBG
Program. Membership on the advisory board must include a representative from the following, though it may be
broader:
a) the local police department or shefiffs department;
b) the local prosecutor's office;
c) the local court system;
d) the local school system; and,
e) a local nonprofit, educational, religious, or community group active in crime prevention or drag use prevention
or treatment.
The recipient may not request a drawdown of funds until these requirements are met and the formal budget
allocations are adopted by the recipient.
20. The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the
Fiscal Year 2003, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act (Pub. L. No. 107-273), as of the date of this application. This provision requires that the unit
of local government which employs a public safeiy officer (as defined by section 1204 of Title 1 of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is
separated from service due to injury suffered as a direct and proximate result ora personal injury sustained in
the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State
law) with the same or better level of health insurance benefits at the time of retirement or separation as the
officer received while on duty.
21. The recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program
in any local jail. The recipient further agrees not to subaward funds to local jails which operate "pay-to-stay"
programs.
OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OJP XI BJA OJJDP
BJS ] NIJ OVC
CHECK APPROPRIATE BOX
PROJECT NUMBER: 2003-LB-BX-I 512
AWARD CONTINUATION
SHEET
PAGE 6 OF 7
AWARD DATE 08/28/2003
SPECIAL CONDITIONS CONTINUED
22. Mitigation of Health, Safety, and Environmental Risks
a. General Requirement: The grantee agrees to comply with Federal, State, and local environmental,
health, and safety laws and regulations applicable to the investigation and closure of clandestine
methamphetamine laboratories and the removal and the disposal of the chemicals, equipment, and wastes
used in or resulting from the operations of these laboratories.
b. Specific Requirements: The grantee understands and agrees that any program or initiative involving
either the identification, seizure, or closure of clandestine methamphetamine laboratories, hereafter
referred to as the "Program", can result in adverse health, safety, and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants, users, and
neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and
surrounding environment; and (4) the immediate and surrounding environment of the site(s) where any
remaining chemicals, equipment, and wastes from a seized laboratory's operations are placed or come to
rest.
Therefore, the grantee further agrees that in order to avoid or mitigate the possible adverse health, safety,
and environmental impacts of its Program, it will (1) include the nine, below listed protective measures or
components within its Program; (2) provide for their adequate funding to include funding, as necessary,
beyond that provided by this grant agreement; and (3) implement these protective measures throughout the
life of this grant agreement. In so doing, the grantee understands that it may implement these protective
measures directly through theuseofitsownresourcesandstafformaysecurethequalifiedservices of
other agencies, contractors, or other qualified third parties.
l. Provide medical scpeening of personnel assigned or to be assigned by the grantee to the seizure or
closure of clandestine methamphetamine laboratories;
2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher
training for law enforcement officials and other porsonnel assigned by the grantee to either the seizare or
the closure of clandestine methamphetamine laboratories;
3. As determined by their specific duties, equip personnel assigned to the Program with OSHA required
protective wear and other required safety equipment;
4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed
laboratory;
OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE
PROJECT NUMBER:
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
IloJP I oJju
CHECK APPROPRIATE BOX
2003-LB-BX-1512
AWARD CONTINUATION
SHEET
AWARD DATE 08/28/2003
PAGE 7 OF 7
SPECIAL CONDITIONS CONTINUED
5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment,
and contaminated materials and wastes from the site(s) of each seized clandestine laboratory;
6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites
of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling
facilities;
7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5. and 6.
immediately above in order to ensure proper compliance;
8. Have in place and implement an inter-agency agreement or other form of commitment with a
responsible state environmental agency that provides for that agency's (i) timely evaluation of the
environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with
the responsible party, property owner, or others to ensure that any residual contamination is remediated, if
necessary, and in accordance with existing state and federal requirements; and
9. Include among the personnel involved in seizing clandestine methamphetamine laboratories, or have
immediate access to, qualified personnel who can respond to the potential health needs of any of the
offender(s)' children or other children present or living at the seized laboratory site. Response actions should
include, at a minimum and as necessary, taking children into protective custody, immediately testing them
for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations, or
heaIth care.
c. Additional Requirements: As part of the Request for Drawdown process, the Grantee shall submit a brief
description of its project sufficient for the Office of Justice Programs (OJP) to determine whether any
additional compliance with federal environmental statutes and regulations needs to occur prior to the issuance
of LLEBG f~nds. Furthermore, once LLEBG funds are issued, the Grantee shall notify OJP if the project
changes significantly from the description in the Request for Drawdown, or if significant new information is
revealed during the course of the expenditure of LLEBG funds so that OJP can determine whether any
additional environmental analyses need to be completed.
OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE
Additional Instructions For Grantees Receiving $500,000 Or More:
In accordance with Assurance No. 15, each grantee that receives $500,000 or more
(or $1,000,000 in an 18- month period), and has 50 or more employees, must
submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the
date of this letter to OCR at the above address, l
Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of
sending its own comprehensive EEOP, and return it to OCR within 60 days of the
date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and
preparation time considerably and will ensure a quicker OCR review and approval.
The enclosed Seven-Step Guide to the Design and Development of an EEOP
(which includes an EEOP Short Form) will assist you in completing this
requirement.
Please be reminded that the above requirements apply to primary grantees and to
each of their subgrantees or contractors that meet the criteria outlined in this letter.
Therefore, all primary grantees should apprise subgrantees of these
responsiblities and those meeting the criteria should send their EEOPs or EEOP
Short Forms directly to the Office for Civil Rights within 60 days of the date of thei
NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is
required; however, grantee must return applicable portion of Certification Form to
OCR within 60 days.
PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS
AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN
ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND
MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS
BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS.
Additional Instructions For Grantees Receiving $25,000 Or More, But Under
$500,000:
Pursuant to Department of Justice regulations, each grantee that receives $25,000
or more and has 50 or more employees is required to maintain an Equal
Employment Opportunity Plan (EEOP) on file for review by OCR upon request.
(However, if the grantee is awarded $1,000,000 in an eighteen (18) month period,
it must submit an acceptable EEOP to OCR.) Please complete the applicable
section of the attached Certification Form and return it to OCR within 60 days of the
NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is
required; however, grantee must return applicable portion of Certification Form to
OCR within 60 days.
If you have already submitted an EEOP as part of another award from the Office of Justice Programs (OJP) or the
Office of Community Oriented Policing Services (COPS) within this grant period, or if you have certified that no
EEOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you
received from OCR showing that your EEOP or certification is acceptable.
Additional Instructions For Grantees Receiving Under $25,000:
A recipient of under $25,000 is not required to maintain or submit an Equal
Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No
Certification is required.
Instructions for ,4H Grantees:
In addition, all recipients, regardless of their type, the monetary amount
awarded, or the number of employees in their workforce, are subject to the
prohibitions against discrimination in any funded program or activity. Therefore,
OCR investigates complaints by individuals or groups alleging discrimination by a
recipient of OJP funding; and may require alt recipients, through selected
compliance reviews, to submit data to ensure their services are delivered in an
equitable manner to all segments of the service population and their employment
practices are in compliance with equal employment opportunity requirements. 2
If you have any questions, please call OCR at (202) 307-0690. Additional information
and technical assistance on the civil rights obligations of grantees can be found at:
http://www.ojp.usdoj.gov/ocr/.
CCi
Grant Manager
Financial Analyst
Sincerely,
Michael L. Alston
Acting Director, Office for Civil Rights
AGENDA ITEM NUMBER:
AGENDA REQUEST
Date: September 22, 2003
Request to be placed on:
X Consent Agenda
Special Agenda
Workshop Agenda
When: October 7, 2003
Description of agenda item:
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
This request is for City Commission approval the receipt of a
$121,447.00 BJA Block Grant. The grant requires a City 10%
match of e4-,,,e,,,, the match will be funded from the
Departments Federal Forfeiture Fund.
YES NO X
YES NO X
Recommendation: Approval ~
Depa,;.,iient Head Signature:
Determination of Consistency with C Plan:
N/A
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review
(requimd on ,1, items involving ex pen(~e~u~
Funding available: -- ~l~-~JO~l.,.~,
Funding alternatives (if N/A
applicable):
Account Number.
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
No
No
Received:
Action: Approved: Disapproved:
P.O. #
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~c'~'
AGENDA ITEM # o,,-, . REGULAR MEETING OF OCTOBER 7. 2003
CLOSEOUT/FINAL PAYMENT/TOTAL GOLF CONSTRUCTION. INC.
OCTOBER 3, 2003
This is before the City Commission to approve final payment in the amount of $108,577.35 to Total
Golf Construction, Inc. for the completion of the Municipal Golf Course Greens Replacement
Project. The project consisted of reconstructing the greens and tees, and upgrading and modifying
the iIIigafion system to utilize reclaimed water in the future.
Funding is available from 441-5181-536-63.90 (Water/Sewer Fund/Other Improvements).
Recommend approval of final payment in the amount of $108,577.35 to Total Golf Construction, Inc.
for completion of the Municipal Golf Course Greens Replacement Project.
S:\City Clerk\agenda memo*\l~mal Payment Total Golf Construction. 10.7.03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
David Harden, City Manager
Victor Majtenyi, Construction Manager
www.raydelraybeach, com
MUNICIPAL GOLF COURSE GREENS REPLACEMENT, P/N 2003-009
Commission Agenda Item; Final Payment
September 29, 2003
Attached for City Commission approval is an agenda request to approve final payment to Total Golf
Construction, Inc. in the amount of $108,577.35 for the completion of the Municipal Golf Course
Greens Replacement project, PN 2003-009. The project consisted of reconstructing the greens and tees,
and upgrading and modifying the irrigation system to utilize reclaimed water in the future. Funding is
from P.O. # 609727.
City Commission had previously approved a change order to the original contract of $1,046,870.00. On
May 6, 2003, Change Order #1 was approved in the amount of $38,903.50 for costs associated with
irrigation modifications and electrical service equipment to the new pump station. Total contract to date is
$1,085,773.50. This final payment releases the retainage on the project.
The project is complete with all closeout documentation received. A contractor evaluation is attached for
your review.
Staff recommends final payment to Total Golf Construction, Inc. in the amount of $108,577.35. Funding
is from purchase order #609727.
Richard C. Hasko, P.E.; Director of Environmental Services
Randal Krejcarek, P.E.; City Engineer
Rafael Ballestero; Deputy Director of Construction
City Clerk
Agenda File 10/07/03
Project File, 2003-009(A)
S:~EngAdmin~Projects~2003~2003-009\CONSTRCT~Agnda final pay Golf 10.07.03.do¢
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Agenda Item No.~
AGENDA REQUEST
Date: September 29, 2003
Request to be placed on:
--X--Regular Agenda
Special Agenda
Workshop Agenda
When: October 7, 2003
Description of item (who, what, where, how much):
Request to approve final payment to Total Golf Construction, Inc. in the amount of $108,577.35 for the
completion of the Municipal Golf Course Greens Replacement project, PN 2003-009. The project consisted of
reconstructing the greens and tees, and upgrading and modifying the irrigation system to utilize reclaimed water in
the future. The project is complete with all closeout documentation received.
Funding is from purchase order #609727, account #441-5181~536-63.90, Water & Sewer/Other Improvements.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation:Staff re/eO~nds fin~)yment to Tzotal G/q~'~onstruction, Inc. in the amount of $108,577.35.
Department head s,gnature~._~( · '~ ~ '~..~4,~ _ -
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):.
Budget Director Review (req.~ on all items involving expenditure of funds): Funding available.W,,~NO __
Funding alternatives~if applicable): see above
Account No. & Description ~ '-f ~ I-- ~'1 ~' I -_-'5'-3(~ - /~, 3 .~O
City Manager Review:,~ ~
Approved for agenda: ,F =,~,/NO
Hold Until: ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Approved/Disapproved
Action:
S:~EngAdminLProjects~2003~2003-009\CONSTRCTXAgReq Fin Pay 10.07.03.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~ K
SUBJECT: AGENDA ITEM # 'lb - REGULAR MEETING OCTOBER 7, 2003
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: OCTOBER 3, 2003
Attached is the Report of Appealable Land Use Items for the period September 22, 2003 through
October 3, 2003. It informs the Commission of the various land use actions taken by the designated
boards that may be appealed by the City Commission.
Reconmaend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\ apagmem. 10.07.03
TO:
THRU:
FROM:
SUBJECT:
H~TY MANAGER
PAUL DORLING, BJRECTOR OF PLANNING AND ZONING
IN ALLEN, PLANNER
MEETING OF OCTOBER 7, 2003 *CONSENTAGENDA*
REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 22, 2003
THRU OCTOBER 3, 2003
The action requested of the City Commission is that of review of appealable actions which
were made by various Boards during the period of September 22, 2003 through October 3,
2003.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting, the
appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E)
of the LDRs applies. In summary, it provides that the City Commission hears appeals of
actions taken by an approving Board. It also provides that the City Commission may file an
appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
No Regular Meeting of the Planning and Zoning Board was held during this period.
A. Approved (7 to 0) a request for a fiat wall sign for Gold's Gym, located within the Pines
West Plaza, located at the southwest corner of Military Trail and West Atlantic Avenue
(5030 West Atlantic Avenue).
B. Approved (7 to 0), a new master sign program for Washington Mutual Plaza, located
at the southwest corner of SE 5th Avenue (southbound Federal Highway) and SE 10th
Street (1010 and 1020 South Federal Highway).
City Commission Documentation
Appealable Items Meeting of October 7, 2003
Page 2
C. Approved (7 to 0), a request to amend the master sign program with respect to the style
and height of the lettering for a tenant "Curves" within the Aspen Towers Center,
located on the east side of SE 6th Avenue (northbound Federal Highway), south of SE
8th Street (851 SE 6th Avenue).
D. Approved (7 to 0), a Class I site plan modification and architectural elevation plan
associated with the installation of an entrance awning for The Dorchester, located at
the northwest corner of Ocean Boulevard and Thomas Street (200 North Ocean
Boulevard).
E. Approved (7 to 0), a request for a color change for Jimmy's Stone Crabs & Grill (fka
Peter's Stone Crab), located on the north side of East Atlantic Avenue, east of NE 4th
Avenue (411 East Atlantic Avenue).
F. Approved (7 to 0), a Class I site plan modification and architectural elevation plan
associated with the installation of an awning over an existing patio/playground area for
McDonald's, located at the southeast corner of Linton Boulevard and Waterford Place
(1220 Linton Boulevard).
G. Approved (7 to 0), a Class I site plan modification and architectural elevation plan
associated with the installation of teal shed style canvas awnings for Sloan Court,
located on the west side of NE 7th Avenue, north of NE 4th Street (434 NE 7th Avenue).
H. Approved with conditions (7 to 0), a Class I site plan modification and architectural
elevation plans associated with fa(;ade and color changes for 115 SE 4th Avenue.
I. Granted (7 to 0) an eighteen (18) month extension of the site plan for Roof and Rack, a
proposed 26,050 sq. ft. industrial development, located on the west side of SW 10~
Avenue, approximately 100' south of SW 10th Street.
J. Approved with conditions a Class V site plan (6 to 1, Deborah Dowd dissenting) and
landscape plan (7 to 0), for Atlantic Place, a mixed-use development containing 24
residential condominiums, 19,620 sq. ft. of retail floor area, 18,000 sq. ft. of office floor
area and 5,450 sq. ft. of restaurant floor area, to be located on the south side of East
Atlantic Avenue, between Venetian Drive and Gleason Street. The architectural
elevation plan was tabled to allow the applicant to provide additional architectural details
and to reduce the massing on the south building.
With this approval the Board eliminated two conditions which were recommended by
staff. These were:
1. That parallel parking spaces are provided within the Gleason Street right-of-way in a
manner consistent with those in the Venetian Drive right-of-way.
That the sidewalk is constructed within the Gleason Street right-of-way pursuant to
the requirements of LDR Section 6.1.3. i.e. along the western edge of the newly
dedicated right-of-way.
City Commission Documentation
Appealable Items Meeting of October 7, 2003
Page 3
Staff is requesting by separate document that the City Commission consider this item
on appeal.
1. Approved (6 to 0), a Certificate of Appropriateness associated with a Class III site plan
modification for a second-story addition and construction of a garden shed to the
Sandoway House, located on the west side of Ocean Boulevard, north of Ingraham
Avenue (142 South Ocean Boulevard). Concurrently, the Board granted a variance
reducing the side interior setback from 10' to 5.3'.
o
Approved (6 to 0), a Certificate of Appropriateness associated with elevation changes
for the Amelung House, located on the south side of NE 12th Street, east of Swinton
Avenue. Concurrently, the Board recommended that the City Commission approves a
waiver request to LDR Section 4.1.4(C) (Lots of Record) which requires the combination
of adjoining lots of record which do not individually meet minimum lot requirements.
Approved (5 to 1, Rhonda Sexton dissenting), a Certificate of Appropriateness for the
installation of storm protection shutters for the Copeland & Bowman residence, a non-
contributing building located on the south side of NE 7th Street, east of Swinton Avenue
(10 NE 7th Street).
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
October 7, 2003
L-30 CANAL
II ~/~
I-',',2',','
r ..... : ......... ..r"-"~
L,,; -: .................. i
"'1 ~.,,,~ ~-""; i
.............. .........................
S.P.R.A.B.: H.P.B.
A. GOLD'S GYM I. SANDOWAY HOUSE
B. WASHINGTON MUTUAL PLAZA 2. AMELUNG HOUSE
C. ASPEN TOWERS 3. COPELAND AND BOWMAN
D. THE DORCHESTER RESIDENCE
E. JIMMY'S STONE CRABS & GRILL
F. MACDONALD'S
G. SLAON COUNT
H. 115 S.E. 4THAVENUE
L ROOFAND RACK
J. ATLANTIC PLACE
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~/~/___
AGENDA ITEM - REGULAR MEETING OF OCTOBER 7. 2003
AWARD OF BIDS AND CONTRACTS
OCTOBER 7, 2003
This is before the City Commission to approve the award of the following bids:
1. Contract award to McAlpines Tow'mg, Recovery and Transport, Inc. with annual
franchise fees to be paid to the City in the amount of $100,000.00 for
wrecker/towing services for the Police Department.
2. Purchase award to Odum's Sod, Inc. in the amount of $16,038.00 for the
purchase, delivery and installation of sod at the Delray Beach Cemetery. Funding
is available from 334-6111-519-49.90 (General Construction Fund/Other Current
Charges/Obligations - FY 2003).
3. Contract award to Ranger Construction - South in the amount of $78,835.50 for
the 2003 resurfacing project. Funding is available from 334-3162-541-61.17
(Street Reconstruction).
4. Lease award to Xerox Corporation in the total amount of $20,387.16 over a three
(3) year term xcm the Pumam County Copier Contract #071736300 for the lease
of a Xerox WCP65 Digital Copier for the Police Department. Funding is
available from 001-2113-521-44.30 (Equipment Rental/Lease).
Recommend approval of the above bids and purchases.
S:\City Clerk\agenda memo\Bid Memo. 10.07.03
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager~
Joseph Safford,~-?e Director
September 24, 2003
DOCUMENTATION - CITY COMMISSION MEETING
OCTOBER 07, 2003 - CONTRACT AWARD - RFP #2003-46
REQUEST FOR PROPOSALS FOR WRECKER / TOWING SERVICES
FOR THE POLICE DEPARTMENT
Item Before Commission:
City Commission is requested to approve the contract award to McAlpines Towing, Recovery &
Transport Inc. for the annual contract for Wrecker / Towing Services for Police Department
Background:
Request for Proposals for Wrecker / Towing Services was advertised on August 03, 2003 in The
Palm Beach Post newspaper and on DemandStar. Com. RFP #2003-46 on file in the Purchasing
Office. Responses were received from seven (7) vendors and two (2) "no bids" on August 25,
2003.
Per the detailed specifications of this Request for Proposal, "Proposals to be evaluated in
accordance with criteria listed below":
a) franchise fee to the City, and
b) experience, qualifications, past performance of the Contractor, owners and officers, In the
event two or more bidders list the same amount as a franchise fee, the decision for award of the
bid shall be based upon the experience, qualifications and past performance of the Contractor as
determined by the City.
A five member committee consisting of Pumhasing, Finance, Public Works Central Garage and
Police Department reviewed the proposals received basing the award on the criteria listed in the
RFP (Request For Proposal) package. In addition, the Police Department made a site visit to
each vendor's location to check the facilities, location, equipment, drivers, office staff, etc. Also
the Police Department checked with the Palm Beach County Board of Commissioners for the
total amount of consumer complaints received in the last three (3) years, and checked for a PBC
(Palm Beach County) Occupational License.
Attached for your review is a copy of the pricing (franchise fees) received from the vendors in
their proposal package and the results of each site location reviewed and site visit by the Police
Department.
Below is the ranking of the three top vendors by the committee with the highest ranked vendor
listed first:
McAlpines Towing, Recovery & Transport Inc.
Zuccala Wrecker Service Inc.
Scott's Towing & Recovery
Award Recommendation:
Purchasing and the review committee recommends award of the contract to McAlpines Towing,
Recovery & Transport Inc. This award recommendation is based on the franchise fee, site
location visit by Police Department (average response time, physical location, storage facilities,
equipment, drivers, office staff and amount of consumer complaints received) past performance
of the contractor and City's experience with McAlpines.
McAlpines currently has a site located in Delray Beach, they have had the contract with the City
since August of 1998. The Police Department and Fleet Maintenance state they are very satisfied
with M cAlpines, they are very reliable, have the proper equipment, and their drivers are very
polite and courteous. McAlpines proposal package included several letters of appreciation from
the Police Department, Fire Department and customers for service, training, and donations.
The annual franchise fee to be paid to the City is $100,000.
Attachments:
Tabulation of Franchise Fees
Site Visit and Evaluation Criteria from Police Department
1993
2001
08/25/03 AT 3:00 P.M.
RFP #2003-46
WRECKER / TOWING SERVICES
for the POLICE DEPARTMENT
ANNUAL FRANCHISE FEE (Per Year)
AUTO CARE USA of DELRAY
ZUCCALA WRECKER SERVICE, INC.
MCALPINES TOWING, RECOVERY & TRANSPORT
SCOTT'S TOWING & RECOVERY
JORDAN WRECKER SERVICE, INC.
BECKS TOWING & RECOVERY, INC.
EAST COAST TOWING
EASTERN AUTO BODY d/b/a Eastern Towing
EMERALD TOWING
$ 121,000.00
$ 101,050.00
$ 100,000.00
$ 100,000.00
$ 87,000.00
$ 82,989.99
$ 37,800.00
$ NO BID
$ NO BID
Purchasing Division
100 N.W. 1" Ave., Delray Beach, FL 33444
561-243-7161, 561-243-7163
FAX 561-243-7166
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David Harden, City Manager
Jacklyn Rooney, Purchasing Manage~
Safford,(~ce Director
Joseph
October 02, 2003
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
OCTOBER 07, 2003 - PURCHASE APPROVAL FOR THE
PURCHASE AND INSTALLATION OF SOD FOR
FOR THE DELRAY BEACH CEMETERY EXPANSION
Item Before Commission:
City Commission is requested to approve the purchase and installation of sod for the Delray
Beach Cemetery expansion project to Odums Sod, Inc. for the total amount of $16,038 via the
Palm Beach County Contract #02-160MM - "Sod, Purchase and Installation".
Background:
The City of Delray Beach needed to complete a project for the cemetery expansion as they were
running out of spaces. This sod was ordered and requested for delivery and installation to
complete the center to open up and do internments.
At the time this sod was ordered, the Parks Department was unaware that the total cost to
complete this project was over $15,000. Sod was installed August 29, 2003 and the invoice was
received September 10, 2003 for a total cost of $16,038. A purchase order was issued to pay the
vendor with approval from City Manager with the understanding that a Commission Agenda
package would be prepared for this approval. Pricing from Odums Sod Inc. was via the Palm
Beach County Contract #02-160MM at $.198 per sq. foot. A copy of the invoice and award letter
to Odums Sod Inc. from Palm Beach County is attached for your review.
Recommendation:
Staff recommends approval for the purchase of sod for the Delray Beach Cemetery from Odums
Sod Inc. via the Palm Beach County Contract #02-160/MM for the total amount of $16,038.
Funding from 2003 budget account code 334-6111-519-49.90 (purchase order 614793).
Attachments
,Odttd~s $od~ Inc.
P.O. Box 865
Loxahatchee, FL 33470
F
, Bill To
City of Delray Beach
100 N.E. 1st Av~
Delray Beach, FL 33444
Invoice V'
Ship To
City of Delray Beach
100 N.E. 1st Ave.
Delray Beach, FL 33444
Item Code
! Floratam
Description Quantity
TKT050774 ON 08/29/03 INSTALLED 81,000
CITY OF DELRAY BEACH
r~lA~mov~ . ~ pARTIAL PAYMENT
P.O. Number Terms
Price Each
0.198
ECEIVE
SEP fO 2003
;OUNT$ PAYAB
Amount
16,038.00
Subtotal
S16,038.00
Sales Tax (6.0%) so.oo
Total s16,o38.oo
Payments/Credits so.oo
Balance Due ~
PzJm Beach Count"'/
Board of Coun~
Commissioners
Carol A. P, obez~s, Vice Chair
Ma~/McCa~
Tony Masilo~i
Addle L. Greene
August 27, 2002
Odums Sod
P O Box 865
Loxahatchee, FL 33470
DearVendor:
RE: TERM CONTRACT #: 02160
This is to inform you that Palm Beach County Board of County Commissioners is
entering into a Term Contract with your company for SOD, PURCHASE AND
INSTALLATION based on one of the following:
[X] FORMAL BID #: 02-160/MM
[ ] RENEWAL OF FORMAL BID/RFQ #:
[ ] EXTENSION OF FORMAL BIDIRFQ #:
[ ] WRITTEN QUOTATION #:
[ ] VERBAL QUOTATION PER:
STAT OF FLOR,DA CO.TRACT #:
[ ] PALM BEACH COUNTY SCHOOL BOARD BID #: '
[X] OTHER: LOTS 1, 2, 3 & 4
The term of this contract is 9116102 through 9/14/03 . The es't~mated dollar value
awarded to all vendors is $ 667,400 .
The obligations of Palm Beach County under this contract are subject to the
availability of funds lawfully appropriated for its purpose bY the State of Florida and.
the Board of County Commissioners.
Palm Beach County Departments will issue hard copy orders against this contract as
your authorization to deliver. All invoices must reference each unique document
number.
If you have any questions, please contact MaryAnn McGee at 1'561) 616-6835.
,~l~cerely,
Kathleen M. Scariett
Director
C:
Parks & Recreation, Reid Raymond
Water Utilities, Conrad Ailstock
Engineering/Road & Bridge, Mike Bowman
Facilities Management, Mike Boroviak
Co-Op, Joan McGee
File
BID RESPONSE
- BiD #02::1~60/MM .... ::"'~':'"~':.~.., ~ ..... : ! i~' i: !!;~i!!:~? ' ·
SOD, PURCHASE AND INSTALLATION,
TERM CONTRACT
FURNISH AND DELIVER TO ANY DESIGNATED LOCATION WITHIN PALM BEACH COUNTY
DESCRIPTION UNIT UNIT PRICE WEIGHT TOTAL FACTORED
PER SQ. FT. FACTOR PATE
BAHIA ARGENTINE SQ. FT. $ o //,~&'" X .05 = $ ,/..~.~'
BAHIA PENSACOLA SQ. FT $ ,//,.~- X .20 = $
ST.*U~UST,N~"~O~T*M SO. ~ IS' ,/? X.~ :
~oc, soo. c~,~ ~U~A s~. ~.
,,.z~ -_ :, :: ..... TOTAL.FOR LOT ~3: .- $
FURNISH AND I1'*~"[ ~,~LJ- ~l .~1~'~ l,~r. ol~l,~,~, i:'b [.OCATION WITHIN PALi~ F:,EAC.,H C, GUi,;TY
DESCRIPTION UNIT UNIT PRICE WEIGHT TOTAL FACTORED
PER SQ. FT. FACTOR RATE
BAHIA ARGENTINE ' SQl FT.' .'
BAHIA PENSACOLA SQ. ~
ST. AUGUSTIN~ FLO~T~ SQ.~ $
STAUGUSTINE PALM~I [O SQ. FT. $ ,
CERTIFIED BERMUDATI~AY~19 SQ. ~
TI~AY ~19 $
Continued ....
FIRM NAME: ~1(~{-~I"~)'~ ~ ."'~'1"~-
PURCHASE ORDER
DATE: ~.~/ZO03
VENDOR:
ODUMS SOD INC
P 0 BOX 865
LOXAHATCHEE
FL 33470
PURCHASING DIVISION
100 NW FIRST AVENUE
DELRAY BEACH, FLORIDA 33~.~.~
561/243-7115
SHIP TO:
614793
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKING LISTS, LABELS, BILLS OF LADING AND
CORRESPONOENCE.
City 0£ Delray Beach Florida
ENVIRONMENTAL SERVICES
434 S. SWINTON AVENUE
DELRAY BEACH FL 33444
11993 9/Z6/Z003
MURPHY/VICTOR CONF 0000106803 NET
~* CONFIRMATION COPY - DO NOT DUPLICATE *
1 1603B,00 EA PN Z003-049, CEMETERY EXPANSION~ 1.00 1603B.0
81,000 S0 FT FLORATAM SOD, INSTALLED ON 8/Z~/03,
TICKET #50774, INVOICE 1Z708, DATED 09/08/Z{03
PER COUNTY CONTRACT
TOTAL 16036.0
ACCOUNT: 3346111519~990
BILL TO:
CITY OF DELRAy BEACH
ACCOUNTS PAYABLE
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
APPROVED
VENDOR
AGENDAITEM NUMBER:
AGENDA REQUEST
Request to be placed on: October 07, 2003
XX Consent Agenda
Special Agenda
Description of agenda item:
Date: October 2, 2003
__ Workshop Agenda
Approval for the purchase, delivery and installation of sod at the Delray Beach Cemetery to
Odum's Sod Inc. for a total amount of $16,038. Pricing from the Palm Beach County Bid #02-
160MM.
Funding from previous years budget (2003) account code 334-6111-519-49.90, purchase order
#614793 which was approved by City Manager with the understanding that a Commission Agenda
be prepared for this approval.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Determination of Consistency ~ Comprehensivu Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items ipvolving expenditure of funds):
_ . . j3-
t-unaing available: Yes ~-/ No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda~
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
~ No
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Randal L. Krejcarek, p.E., City Engineer//2~,,~w.~*'~-~'~¢¢
September 30, 2003
2003 Resurfacing
Project # 2003-023
Contract Award
Commission Agenda Item
This agenda item is for Commission approval/authorization for Mayor to execute Contract with
Ranger Construction - South. This Contract is for 2003 Resuffacing.
Total cost for this Contract is $ 78,835.50. Funding is provided as follows:
Account # Description Contract Amount Account Balance
334-3162-541.61-17 2003 Resurfacing 78,835.50 o)~ ~-8~3~o6~S-,
Total 78,835.50 ~k~ _oe,?_~' nn
The attached map shows the project locations and the complete bid tabulation for this project.
Please place this item on the October 7, 2003 Commission Agenda. f--/ "~'/~ ~ "J~
Thanks.
enc
cc:
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
file
S:tEngAdmin~Projectst2003~OO3-O23tOFFICIALt2003sept30 agendamemo, doc
ENVIRONMENTAl. ~ DEPARTMENT
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~~AL ~ ~P~ SHEET 7
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= .~ ~ o ~ .~
Date: September 30, 2003 AGENDA ITEM NUMBER:<~L' 3
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda
Agenda
Special
When: October 7, 2003
Description of Agenda Item (who, what, where, how much):
The attached agenda item is for Commission approval/authorization for Mayor to execute
Contract with Ranger Construction - South. This Contract is for 2003 Resurfacing.
Total cost for this Contract is $78,835.50. Funding is provided as follows:
Account #
334-3162-541.61-17
Description
2003 Resudacing
Total
Contract Amount Account Balance
78,835.50
78,835.50
o~-~ SO,SSS.SS,
Staff Recommendation: ~C~t ~~
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available~/No Initials: t~
See above ~3,~-3/~ :~-.r¥1 .~/~,'7
Account Number
Description
Account Balance:
Funding Alternatives:
See above
See above
(if applicable)
City Manager Review:
Approved for Agenda: ~/No Initials: ~,
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\2003\2003-023\OFFICIAL\2003sept30 agenda.doc
MEMORANDUM
TO:. David Harden, City Manager
FROM: Patsy Nadal, B~uyc~
THROUGH: Joseph Safforc~l:~ce Director
DATE: 10/3/2003
SUBJECT: APPROVAL OF THREE (3) YEAR COPIER LEASE AGREEMENT
WITH XEROX CORPORATION
Item Before Commission:
City Commission is requested to approve a three (3) year lease agreement with Xerox Corporation
for a Xerox WCP65 copier. The cost for the lease is $566.31 per month, $6,795.72 per year and
$20,387.16 over the 36-month lease. Maintenance and 50,000 copies per month is included, via
the Putnam County Copier Contract #071736300.
Background:
The Xerox WCP65 Digial copier will replace a Xerox 5365 analog copier currently installed in
the front desk area of Police Headquarters. The Xerox copier has served the areas high volume
requirements with no complaints, no major repairs, and has performed well above expections.
Due to the industry transition from analog to digital technology the cost associated with repair and
maintenance of analog copiem has increased to the point where it is not a sound decision for copier
vendors to continue mainta'ming analog technology with the increasing unavailability of parts needed
for repair, resulting in extended periods of downtime.
Recommendation:
Staffrecommends the approval of a three (3) year lease agreement with the Xerox Corporation for
the WCP64 Digital copier for the total amount of $20,387.16 over the 36-month lease period.
Funding from account code: #001-2113-521-44.30
Attachments:
Agenda Request for 10/07/2003
Approval from D. Junghans, Administrative Services Director
Vendor Proposal, 09/26/2003
cc: Jaekie Rooney, Purchasing Manager ~
lVZ MO
I:llV OF BBNIW
PURCHASING DIVISION
TO: David Junghans, Administrative Services Director
FROM: Patsy J. Nadal, Buyer
THROUGH: Joseph Safford,~nce Director
SUBJECT: Copier Replace~nent (Front Desk) Police Headquarters
DATE: September 30, 2003
The lease on your Xerox 5365 (Serial# 6VV6313562) expired on 6/30/2003 and must be replaced.
The current cost of your lease is $519.45 per month for an analog copier.
Your copier will be replaced with the next generation of copiers with Digital Technology, scan
once, print many. Digital copiers as a rule appear more accurate and have greater consistency
than analog copies. Analog copiers are no longer available for lease.
The following quotes include 50,000 copies per month.
Model Type Per Per Year Total Lease Overage CPM
Month Per Copy
Xerox INCP6~ $ 566.31 $ 6,796.72 $20,387.16 $.006 65
Ikon Canon iR 8500 619.19 7,430.28 22,290.84 .0037 85
Kyocera KM-7530 913.13 10,957.56 32,872.68 .008 75
Minolta Di850 916.43 10,997.16 32,991.48 .075 85
Pleaee Note: Additional cost for added options, i.e. network/print controller card, etc. is not
included. Your monthly average usage for the past twelve (12) months has been 48,000 copies
per month.
Xerox currently has the best pricing for leased equipment that will suite your department needs via
the Putnam County contract #071736300. Purchasing is recommending the Xerox CC65 Digital
System.
This copier is anticipated for heavy usage with a long-term drum life. The Xerox CC65 is well
worth the cost when compared with your current analog system. This is an upgrade in speed and
technology.
Optional Network boards are not included
All include the following: 50,000 copies per month
Supplies - except paper & staples
Unlimited Service - Parts and Labor
Delivery, Installation and Training
1 have attached quotes, with information on each copier for your consideration. If you have any
questions or comments, please give me a call at extension 7161.
APPROVAL OF 36 MONTH LEASE AGREEMENT:
If you approve of the Xerox CC65 Digital System for a 36-month lease agreement, please sign
nd da~~f Commission Agenda.
Attachr~ent: Quotes
cc: ~aclde Rooney, Purchasing Manager~.~~'~-~
Peggy Morrissey, Supewisor Front De~'f(/Records
Proposal For:
City of Delray Beach
Police Department
The Xerox CC65 Digital System
with Finisher
For more information call:
Al B. Henry,
Document Solutions Executive
305-818-4632 Office
alfred.henry~usa.xerox.com
Lease Option for Xerox CC65:
36 Months ~ per month: $566.31
Lease Plan Includes the following:
· All Features Listed Below plus
· 50,000 copies ~ .006 overage
· High Capacity Feeder, Finisher, Convenience Stapler
· Digital Copier
· All supplies included except paper & staples
· Unlimited Service (Parts & Labor) included
· Training & Consulting for Key Operators
· Pick up of Xerox 5365 Serial # 6W6313562
*Special Features Pricing per Putnam County Contract # 071736300
· 60 one- or two-sided copies/prints par minute.
· 100-shset Duplex Automatic Document Feeder,
· 50-sheet Bypass Tray holds spacial stocks. (I.e. Transparencies)
· Four Adjustable trays hold 500 sheets in standard sizes from 5 112 x 8 112 to 11 x 17.
· High Capacity Papar Feeder: holds 3,100 Sheets of Papar
· Total Papar Capacity for work: 4,800 sheets.
.Professional Finisher (100 Sheet Multi-Position Stapler, Saddle Stitch, Booklet Maker, Tri-Folding)
.Auto Tray Switching keeps you from running out of paapar.
.Auto Reduce/Enlarge to fit selected paper size.
.Automatically makes same-size copies from mixed-size originals.
· Makes two-sided copies from one- or two-sided originals.
· Electronic Auditron with up to 2000 accounts.
·Spacial Features: Auto Papar Select, Stored Job Programming, Job Interrupt, Bound Document
Copying, Sample Set, Booklet Creation, Mixed Size originals, Automatic Job Recovery, Multi-up 6
to 1, Transparancy Dividers, Cover Insertion, Auto IQ, Edge Erase, Auto Centering, Background
Suppression, Auto rotation t 80 to 270 degrees,
.Fully modular & upgrsdeable to feature Network Prinitng,Scanning and Facsimile
(To view an online demo
visit our Demo Room at:
www.xerox, corn
Proposal Date: 912612003
Document Efficiency
At Work:
This unique solution was designed to meet the needs and objectives discovered during our meeting. The
total quote is outlined below, followed by sections that detail system cost, service, and options.
System Hiqhliahts
· 85 PRINTS pER MINUTES
· Digital Scan Once, Print Many Technology
· 100 Sheet Digital Document Feeder
· 2x1500 Paper Draws, 2x550 Paper Draws,
· 50 Sheet Multi-purpose Tray
· Limitless Automatic Two Sided Copying
· Finisher/Stapler100 pg. Multi-Position 3,000 output,2-3 Hole Punch
· Image Server Memory196MB RAM + 10GB HD
· Tab Copying and Insertion, Booklet Making
· Copy Reservation- 5 copy Jobs, Job Building- Unlimited
· 100 Mailboxes-Store& Merge Pdnt or Scanned Documents
· Mailbox capacity-approx. 7,700 pgs, 2,000 docs, 1,000docs/box
· Dept iD's- 1,000 with up to 7 digit password
InS Capital FMV Lease Term:
l-Canon iR 8500
· Document Feeder H-1
· Finisher/Stapler K-1
36 months
$619.19
Options:
· Network Multi PDL Printer Kit B-2
· 2 & 3 Hole Punch Unit B-1
· Paper Deck (3,500 silents)
$91.56
$15.00
$65.33
Service Agreement:
Full Coverage Plan Includes: All Parts, Labor, Service Calls, Drums, Toner and Preventative
Maintenance Calls. (Doesn't includes paper & staples)
Canon iR 8500
Base Cost/Month Includes Overanee
Included 50,000Images $.0037
As Per the Terms and Conditions of the Miami- Dade School Board Contract # 143-BB05
Proposal for City of Delray Beach
KM-7530 Digital Copier Printer Scanner
75 Prints/Copies Per Minute
Fast 3.6-Second First Copy
25% to 400% Zoom Magnification
1200 DPI Resolution
Continuous Copying Up to 999
100 Sheet Multi-Purpose Tray
3000 Sheet Paper Deck, Dual 550 Sheet Paper Drawers
4000 SHEET PAPER DECK (TOTAL 8200 SHEETS)
Paper Size: 5.5'X 8.5" - ll"X17"
Unlimited Duplexing Unit
Automatic Document F~der
(DF.610) 3000 SHEET FINISHER WITH STAPLER AND HOLE PUNCH
OPTIONAL BOOKLET FOLDER FOR FINISHER
OPTIONAL 70 PAGE PER MINUTE NETWORK PRINTER AND SCANNER
Options 36 Months Lease Price
KM-7530 DIGITAL COPIER/ PRINTER with ST-11 4000
SHEET PAPER DECK (Total 8200 Sheets) and DF-610 3000
Si~EET FINISHER WITH STAPLER AND HOLE PUNCH $913.13
OPTIONAL BF-1 BOOKLET FOLDER FOR DF-610 $25.87
OPTIONAL 70 PAGE PER MINUTE NETWORK PRINTER AND
SCA~R ~CLt~ m~ $61.76
All Inclusive Maintenance including $0,000 copies per month (No Paper/Staples)
Overage at $0.008 per Page
Prepared by Ali Adabeih
2005 N.W. Cypress Creek Road · Suite 106 · Fort Lauderdale, Florida 33309 * (954) 493-7422
[ Minnlta
MINOLTA I So~om
Proposal
For
City Of Delray Beach
Police Dept.
Minolta Local Municipal Major Account Program: FY2003MBS
Date: June 12, 2003
Equipment: Di850 digital Copier System "New"
85 page per minute
Accessories: Document feeder, Multi position staple finisher, 2-Universal 500 sheet paper drawers,
Duplexing unit with Universal' 1,500 sheet large capacity draw, 4,000 sheet large capacity cabinet
Smart Lease for: $916.43 a month for 36 months, this includes a complete service and supply contract
for 50,000 copies per month. ~Overage at .075 per~opy)
To add connectivity with n~rk card adpn~'nt~co~ntroller add $131.19 per month.
To add hole-punch to finisher add $39.26 per month.
Service and supply contract includes, all parts, labor, toner, starter and photo conductor (drums).
Service and supply contract does not include paper or staples.
Should you wish to connect equipment we will require a digital needs analysis completed by your MIS
department prior to connectivity?
The above quotation is valid till July 30, 2003 thereafter prices are subject to change without notice.
We thank you for the opportunity of continuing to service your organization.
Sincerely,
FlOyd Ostrowsky
Major Account Manager
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: October 07, 2003
X Consent Agenda Special Agenda
Date: October 3, 2003
__ Workshop Agenda
DeecHptlon of agenda item:
City Commission is requested to approve a three (3) year lease agreement with Xerox Corporation
for a Xerox WCP65 copier. The cost for the lease is $566.31 per month, $6,795.72 per year and
$20,387.16 over the 36-month lease. Maintenance, supplies with 50,000 copies per month is included,
via the Putnam County Copier Contract #071736300.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached YES
NO X
NO
Recommendation:
David Junghans, Administrative Services recommend the three (3) year lease agreement with Xerox
Corporation for a replacement copier, per the Putnam County Copier Contract #071736300, in the
amount of $20,387.16 over a 36-month period.
Determination of Consistency ~Wi~/th Comprehensive Pl'"~n: ~"
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all Items involving expenditure of funds):
Fundingavailable: (~/~ /o{)/~ N~o
Funding alternatives:
Account Number:
Account Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda:
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARI~EN, CiTY MANAGER
I~AUL DORLING, DIR/EC~OR OF PLANNING AND ZONING
MICHELLE E. HOYLAND, SENIOR PLANNER
MEETING OF OCTOBER 7, 2003.
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S DENIAL OF
ARCHITECTURAL ELEVATIONS ASSOCIATED WITH A CLASS III SITE PLAN
MODIFICATION FOR BORTON MOTORS.
The action requested of the City Commission is that of consideration of an appeal of the Site Plan
Review and Appearance Board's denial of elevations associated with a Class III site plan modification
for Borton Motors. The subject property is located on the east side of North Federal Highway,
approximately 1,500 feet north of Allen Avenue (2201 N. Federal Highway).
The SPRAB actions were taken on August 13, 2003, and appealed on August 26, 2003, by Roger
Saberson, attorney for Borton Motors, Inc. The appeal is being processed pursuant to LDR Section
2.4.7(E) Appeals.
The development proposal involves a Class Ill site plan modification for the expansion of an existing
car dealership. The modification was for the construction of a new 3,596 sq. ft. get-ready building;
reconfiguration of the existing 34-space parking area to accommodate 57 spaces and the get-ready
building; and, installation of associated landscaping. A complete analysis of the proposal is found in
the attached Site Plan Review and Appearance Board staff reports.
On July 9, 2003, the Site Plan Review and Appearance Board (SPRAB) considered a Class III site
plan modification, landscape plan and architectural elevations for the expansion to the Borton Motors
dealership. There was one member of the public (Gulfstream resident to the east) who expressed
concern over the delivery times and the noise levels that are going to be generated by this facility.
The Board expressed concerns with the use of the metal building and the hours of operation.
Additionally, the applicant was not present for the project presentation and the Board was
apprehensive about approving the elevations without seeing a complete presentation from the
applicant. After a lengthy discussion the Board approved the site plan and landscape plan, but
ultimately tabled the architectural elevations associated with the new structure.
Then at its meeting of August 13, 2003, SPRAB reconsidered the elevations associated with the
Class III site plan modification. There were two members of the public (Gulfstream residents to the
east) who expressed concern over the aesthetics, lighting, delivery times (hours of operation) and the
noise levels that are going to be generated by this facility. The Board expressed concerns with the
use of the metal building. After a lengthy discussion, the Board denied the architectural elevations
associated with the new get-ready building. The applicant is appealing this decision.
City Commission Documentation
Meeting of October 7, 2003
Appeal of SPRAB Action - Borton Motors Dealership
Page 2
On August 26, 2003, the Site Plan Review and Appearance Board action was appealed by Roger
Saberson, attorney for Borton Motors, Inc. The basis for the appeal is that the action taken by the
Site Plan Review and Appearance Board (SPRAB) was:
· Inconsistent with the LDR's (Land Development Regulations);
· Contrary to the weight of the evidence presented at the meeting of August 13, 2003.
The applicant has submitted the following statement supporting the appeal:
"The architectural elevations associated with the Class fll site plan modification for the
construction of a new 3,596 sq. fl. carwash/get ready building complies with all applicable code
requirements and was recommended for approval by the planning staff and was unanimously
approved by the Community Redevelopment Agency ("CRA'). A motion was made at SPRAB to
approve the request but it failed 2-4 and no further motions were made, and hence SPRAB in effect
denied the request. The focus of the discussion by SPRAB members was primarily on the type of
building which is a metal building. Despite being advised by the planning staff (Mr. Scott Pape) that
metal buildings are not prohibited by the Code the Board nonetheless denied the request even though
the carwash/get ready building is set back approximately 400' from the right-of-way of Federal
Highway and will be behind an existing showroom building, thus barely visible, if at all, from Federal
Highway. Also, immediately to the south of the Borton Volvo dealership is a very large metal building
permitted by the City for the "Flea Market" which is clearly visible from Federal Highway. In view of
the above, it is respectfully submitted that the Board was in error in denying the request and its action
should be reversed and approval of the architectural elevations for the carwash/get ready building
should be granted by the City Commission.'
Staff feels that the proposed elevations comply with LDR Section 4.6.18(B)(14) and should be
approved.
Overturn the Site Plan Review and Appearance Board's decision of denial and approve the elevations
for Borton Motors, based upon positive findings with respect to Section 4.6.18(B)(4) of the Land
Development Regulations, subject to the following conditions:
1. That the support posts for the awning be indicated on the site and elevation plans;
2. That the support poles for the awning match the color of the awning; and,
3. That the elevations be revised to correctly indicate the type of landscape material proposed.
Attachments: SPRAB Staff Reports
Appeal Letter
Agent:
Project Name:
Project Location:
Mark Marsh, AIA
Borton Motors
The subject property is located on the east side of North
Federal Highway, approximately 1,500 feet north of Allen
Avenue (2201 N. Federal Highway).
The item before the Board is that of approval of the architectural elevations associated
with the Class III site plan modification for Borton Motors, pursuant to LDR Section
4.6.18.
On July 9, 2003, the Site Plan Review and Appearance Board (SPRAB) reviewed the
Class III site plan modification, landscape plan and architectural elevations for a new
3,596 sq. ft. get-ready building; reconfiguration of the existing 34-space parking area to
accommodate 57 spaces and the get-ready building; and, installation of associated
landscaping. There was one member of the public (Gulfstream resident to the east)
who expressed concern over the delivery times and the noise levels that are going to be
generated by this facility. The Board expressed concerns with the use of the metal
building and the hours of operation. Additionally, the applicant was not present for the
project presentation and the Board was apprehensive about approving the elevations
because they would prefer seeing a complete presentation from the applicant. After a
lengthy discussion the Board approved the site plan and landscape plan however,
ultimately tabled the architectural elevations associated with the new structure.
LDR Section 4.6.18(B)(14) Criteria for Board Action: The following criteria shall be
considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of
plans for building permits. If the following criteria are not met, the application shall be
disapproved:
(a) The plan or the proposed structure is in conformity with good taste, good
design, and in general contributes to the image of the City as a place of
beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality.
Meeting Date: August 13, 2003
Agenda Item:
Site Plan Review and App~ ~nce Board Memorandum Staff Repo
Architectural Elevations for ~orton Motors
Page 2
(b) The proposed structure, or project, is in its exterior design and appearance of
quality such as not to cause the nature of the local environment or evolving
environment to materially depreciate in appearance and value.
(c) The proposed structure, or project, is in harmony with the proposed
developments in the general area, with the Comprehensive Plan, and with the
supplemental criteria which may be set forth for the Board from time to time.
The proposal is to construct a 3,596 sq. ft. metal carwash/get-ready building east of
(behind) the existing used car sales building, which is located on the western side of the
overall development (facing N. Federal Highway). The new metal structure has five
large garage door openings on the east side of the building. Four of these openings do
not contain doors and the mechanical car wash bay has a steel overhead bay door.
Along the west side of the building there are six large garage door openings with a steel
overhead bay door for the mechanical car wash bay. The entire building is to be
painted Frost White. A 79' long by 2' high, white, canvas scalloped edge awning is
proposed to project 10' from the east and west sides of the building, which should assist
in obscuring the bay openings. It is anticipated that the awning will need support posts,
however such posts have not been indicated on the plans. Therefore, attached as a
condition of approval is that the support posts be indicated on the site and elevation
plans and that the poles match the color of the awning. The north and south sides of
the get-ready building do not contain any architectural treatments. The elevation
drawings indicate hedging and palm trees adjacent to the north and south sides of the
building. However, the landscape plan does not indicate a hedge and Silver
Buttonwood and Live Oak trees are to be located adjacent to these elevations.
Therefore, attached as a condition of approval is that the elevations be revised to
correctly indicate the type of landscape material proposed and that groundcover and
hedge material be utilized to help soften these elevations.
Hours of Operation:
The Board and one member of the public (Jason Bianchini, Gulfstream resident
immediately to the east) expressed concerns with the hours of operation associated
with deliveries, trash pickup and compressor equipment at the Borton Volkswagon
facility. The parts and service department gets parts deliveries in the late evening and
early morning hours and the deliveries occur on the north side of the building. The
dumpsters are located in the northeast comer of the development, adjacent to
residences with the Town of Gulf Stream, and the trash is typically picked up in the
morning. As these issues are not being modified by the subject proposal, staff feels that
it is more appropriate that these items are handled through the Code Enforcement
Division of the Community Improvement Department and the Dealership Manager. It is
noted that Jason Bianchini, adjacent Gulfstream resident, has been in contact with the
General Manager of the Borton Facility and has written a letter to the Code Enforcement
Division regarding his concerns. As a result, trash is collected at a more reasonable
hours.
Site Plan Review and App~ ~nce Board Memorandum Staff Repo'
Architectural Elevations for Horton Motors
Page 3
With respect to the track deliveries and the off-loading of vehicles, which primarily
occurs on the west side of the proposed get-ready building during normal business
hours, this function occurs within an approved vehicle loading area. Further, the new
get-ready building should serve as a separator/buffer between the vehicle loading area
and the adjacent residences to the east.
Approve the elevations for Borton Motors, based upon positive findings with respect to
Section 4.6.18(B)(4) of the Land Development Regulations, subject to the following
conditions:
1. That the support posts for the awning be indicated on the site and elevation plans;
2. That the support poles for the awning match the color of the awning; and,
3. That the elevations be revised to correctly indicate the type of landscape material
proposed.
Attachments:
· Staff Report dated July 9, 2003
Staff Report Prepared by: Michetle Hoyland, Senior Planner
SITE PLAN REVIEW AND APPEAr<ANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 9, 2003
V.C.
Approval of a Class III Site Plan Modification, Landscape Plan and
Architectural Elevations Associated with the Construction of a New
3,596 Sq. Ft. Carwash/Get-Ready Building..._~
GENERAL DATA:
Owner/Applicant ....................Borton Motors, Inc.
Agent ...................................... Digby, Bridges, Marsh &
Assoc., Mark Marsh, AIA
Location .................................. East side of North Federal
Highway, approximately 1,050
ff. north of Allen Avenue.
Property Size .......................... 2.24 Acres
Land Use Map Designation .... General Commemial
Existing City Zoning ................ AC (Automotive Commercial)
Adjacent Zoning ............ North: GC
East: Town of Gulf Stream - RS
South:
West:
Existing Land Use ..................
Proposed Land Use ................
Water Service .........................
Sewer Service .........................
(Single Family Residential)
AC
GC
Vacant
Construction of a new 3,596
sq. ft. carwash/get-ready
building for Borton
Volkswagen, with associated
parking and landscaping.
Available via connection to an
existing 12" water main
Federal Highway (U.S. 1)
Available via connection to an
existing 8" sewer main in North --
Federal Highway (U.S. 1 )
The action before the Board is that of approval of the following aspects of a Class III site
plan modification for the Borton Motors Dealership, pursuant to LDR Section
2.4.5(G)(1 )(c):
0 Site Plan;
r-t Landscape Plan; and,
E! Architectural Elevations.
The subject property is located on the east side of North Federal Highway,
approximately 1,500 feet north of Allen Avenue (2201 N. Federal Highway).
The subject property consists of Lots 2, Borton Motors Plat 2, contains 2.24 acres and is
zoned AC (Automotive Commercial). At its meeting of May 14, 1997, the Site Plan
Review and Appearance Board (SPRAB) approved the site plan, landscape plan and
building elevations for the Borton Volkswagen Dealership. The development proposal
included a two-phased project to establish a Volkswagen automobile dealership, which
was combined with the existing Borton Volvo dealership immediately to the south. The
proposal consisted of the following:
Phase I: Incorporated the west one-third of the property (adjacent to Federal Highway)
and included the following:
r~ Demolition of the existing structures and removal of the existing billboard;
[] Construction of a 2,220 sq.ft, showroom building with a service write-up booth and
canopy (1,763.5 sq.ft.) on the building's south side;
El Construction of a 70-space parking lot which includes 30 bullpen spaces;
El Installation of a scalloped paver block display area, adjacent to Federal Highway;
[] Installation of paver block customer and employee areas on the east side of the
showroom building and at the southwest side of the write-up booth stacking lanes;
[3 Installation of a two dumpster trash enclosure at the northeast corner of Phase I;
and,
El Installation of associated landscaping.
Phase Ih Incorporated the east two-thirds of the property and included the following:
r-] Construction of a 9,162 sq.ft, service building addition to the east side of the
showroom building;
El Construction of 96 additional parking spaces (including 74 bullpen spaces) and
relocation of parking spaces displaced by the service building addition for a total of
176 parking spaces; and,Installation of associated landscaping.
At its meeting of September 17, 1997, the Board approved a Class I site plan
modification request to change the architectural elevations to enclose the front porch for
additional showroom area.
SPRAB Staff Report
Borton Motors Dealership - ~,ass III Site Plan Modification, Landscape F,~, and Building Elevations
Page 2
Then, at its meeting of June 5, 2000, the Site Plan Review and Appearance Board
(SPRAB) approved a Class II site plan modification, landscape plan and building
elevations for Phase II of the Borton Volkswagen Dealership. The proposal consisted of
the following:
Elimination of the 9,162 sq. ft. service building;
Reconfiguration of the previously approved parking lot layout including 116 bullpen
parking spaces and 52 standard spaces;
Installation of a vehicle off-loading area;
A new single dumpster enclosure at the northeast corner of the site; and,
Installation of associated landscaping.
Also on July 5, 2000, the Site Plan Review and Appearance Board approved a Class V
site plan, landscape plan and building elevations for the construction of the new Borton
Volkswagon Dealership which included the following:
Construction of 17,456 sq.ft, structure containing a two story showroom and one
story service center with 17 bays for repair and service of vehicles;
A service write-up booth and canopy located along the south side of the showroom;
Construction of a 94 space parking lot;
Installation of a paver block display area along North Federal Highway;
A new double dumpster trash enclosure to be located at the northeast corner of the
site;
Installation of a 6' high concrete block wall along the east property line; and
Installation of associated landscaping throughout the site.
At its meeting of May 7, 2002, the City Commission approved the final plat for Borton
Motors Plat 2. The plat defined two lots: Lot 1 for the existing Borton Motors Used Car
Sales facility and Lot 2 for the new Borton Volkswagon Dealership.
The improvements for both Phases I and II have been constructed. A site plan
modification has been submitted for construction of a get-ready building, which is the
action now before the Board.
The development proposal involves the following:
r~ Construction of a 3,596 sq. ft. carwash/get-ready building to be located on the east
side of the existing used sales building;
Reconfiguration of the existing 34-space parking area (customer parking and bullpen
parking) at the east side of the property to accommodate 57 spaces and the get-
ready building; and,
Installation of associated landscaping and walkways.
SPRAB Staff Report
Borton Motors Dealership - ~,,ass III Site Plan Modification, Landscape P~f~; and Building Elevations
Page 3
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be
addressed by the body taking final action on the site and development
application/request.
LDR Section 4.3.4(K) Development Standards Matrix:
The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it
pertains to the ,AC zoning district:
48' 14'
Front 5' min./15' max. N/A
Side Interior(West) 10' 405'6"
Side Interior (North)10' 310'8"
Side Interior (South)10' 10'
Rear (East) 10' 100'
25% 25.5%
LDR Chapter 4.6 Supplementary District Regulations:
Parking:
Pursuant to Section 4.6.9(C)(3)(f), auto sales shall provide 4 spaces per 1,000 sq.ft, of
total building(s) area, except indoor display areas. Required parking spaces shall be
designated for employee, customer and/or service use at the standard of, at least, 1.5
spaces per service bay and 2 spaces per 1,000 sq.ft, of floor area (less indoor display
area). Any remaining spaces may be used for display purposes.
With the approval of the Phase I and II site plans, a parking analysis of the entire project
was conducted and it was found that the site plan complies with the City's parking
requirements for dealerships. The new carwash/get-ready building contains one
mechanical car wash bay, nine vehicle preparation bays and a 247 sq. ft. storage area.
Therefore, the proposed 3,596 sq. ff. structure requires fifteen (15) parking spaces.
Based on the above, 15 spaces must be designated for employee or service use and
indicated on the site plan. The proposal includes the reconfiguration of an existing
parking area to accommodate the construction of the new building. There are 34
existing parking spaces immediately adjacent to the proposed building and ten (10) of
these parking spaces are being eliminated to accommodate the new building. However,
there are twenty-one (21) new parking spaces proposed on the north side of the
building and two new parking spaces are being proposed by enlarging the existing
twenty (20) space parking area on the east of the new building. Therefore, a total of
f'~y-seven (57) parking spaces will be located immediately adjacent to the new building.
This requirement has been met, however, attached as a condition of approval is that the
SPRAB Staff Report
Borton Motors Dealership -t..,ass III Site Plan Modification. Landscape P,=.. and Building Elevations
Page 4
parking calculations for the overall site be provided on the site plan, and the 15 spaces
designated for employee or service use are indicated on the site plan.
Lighting:
Pursuant to LDR Section 4.6.8. a site lighting and photometric plan must be provided
including pole and fixture details. Additionally, the requirements of 4.4.10(G)(6), which
relate to lighting restrictions must be adhered to. Exterior light fixtures shall not exceed
25' in height; shall be directed away from adjacent properties; shall be a sharp cutoff
luminary, shall confine light to the site only; and shall not exceed the following
illumination when measured at ten feet inside any property line:
a) 100-foot candles within display areas;
b) 40-foot candles within all other areas; and,
c) After 11:00 p.m., the illumination in display areas shall be reduced to
50-foot candles.
A photometric plan was provided with a detail of the lighting fixture. The pole is 25' in
height and a "shoe box" style fixture is proposed. The locations of site lighting have not
been indicated on the site plan or landscape plan and these plans will need to be
revised to indicate all existing and proposed lighting. The existing lights do not comply
with the above requirements as the subject area is not vehicle display, and will need to
be modified as part of this proposal. In addition, the photometric plan must be revised
to indicate that the foot-candle levels will be reduced to 40 foot-candles. Given the
above and proximity to the residential property to the east, the foot-candle levels along
the east property line should be decreased to enhance compatibility with the adjacent
neighborhood. These items have been attached as conditions of approval.
Locational Restrictions:
Pursuant to LDR Section 4.4.10(G)(4)(a)(Locational Restrictions), repair facilities and
paint and body shops shall be located at least 100 feet from any residentially-zoned lot.
Service bay doors shall not be oriented toward any adjacent residentially-zoned
property, except where currently existing, nor oriented toward any adjacent public street
unless it can be demonstrated to the Site Plan Review and Appearance Board that it is
not feasible to comply.
While this section does not apply, the building has been set back 100' from the east
property line, which is residentially-zoned. With regard to the overhead doors on the
east side of the new get-ready building, additional understory trees (such as Simpson
Stopper trees) should be planted along the eastern property line in order to mitigate any
potential impacts on the adjacent residential neighborhood. While it is noted that a 7'
high wall exists along with a Simpson Stopper hedge and Live Oak trees every 25'
along the east property line, additional buffering is appropriate. Further, should the new
get-ready building ever be converted from vehicle prep/get-ready use to service or
repair use, a site plan modification will be required and the overhead doors on the east
side of the building would need to be eliminated.
SPRAB Staff Report
Borton Motors Dealership - ~..,ass ill Site Plan Modification, Landscape P,,,,,, and Building Elevations
Page 5
Cross Access Easement:
The subject property abuts the Borton Volvo Dealership to the south. The Borton Volvo
and Volkswagon Dealerships operate as one campus with cross access easements
existing throughout the site. It is noted that a new 24' wide driveway is proposed
between the subject property and the adjacent Volvo property to the south. In order to
allow access between the two separately platted properties a cross access easement
must be recorded prior to certification of the site plan. This item has been attached as a
condition of approval.
Technical Items: While the revised site plan has accommodated most of the staff
concerns the following items remain outstanding, and will need be addressed
prior to building permit submittal.
1. That the use of Type "D" curbing be indicated on the site plan, landscape plan and
engineering plan.
2. That the site tabulation table be revised to correctly indicate the existing building
square footages.
3. That the site plan, engineering plan and landscape plan be drawn at the same scale.
4. That the support posts for the awnings be indicated on the site, landscape and
engineering plans.
There is extensive landscaping which currently exists on the property. The proposed
landscaping will match the existing landscaping. Adjacent to the new parking area the
landscaping includes five relocated Silver Buttonwood trees and one new Silver
Buttonwood tree. Along the south side of the proposed building there are two existing
Live Oak trees and one relocated Live Oak tree. The landscape plan does not include
groundcover or underplantings within the landscape islands or adjacent to the building
within the foundation planting area. Therefore, attached as a condition of approval is
that all existing and proposed groundcover and underplantings be indicated on the
landscape plan within the area to be modified. It is appropriate that foundation plantings
are installed along the north and south sides of the building. As noted previously, the
existing trees along the east property line must be supplemented with additional trees to
further buffer the get-ready area. These trees should consist of understory type trees
(i.e. Simpson Stopper trees) and has been attached as a condition of approval.
The proposal is to construct a 3,596 sq. ft. metal carwash/get-ready building east of
(behind) the existing used car sales building, which is located on the western side of the
property (facing N. Federal Highway). The new metal structure has five large garage
SPRAB Staff Report
Borton Motors Dealership- ~,,ass III Site Plan Modification, Landscape P,,=, ,, and Building Elevations
Page 6
door openings on the east side of the building four of these openings do not contain
doors and one opening (mechanical car wash bay) has a steel overhead bay door.
Along the west side of the building there are six large garage door openings with a steel
overhead bay door enclosing the mechanical car wash bay. The entire building is to be
painted Frost White. A 79' long by 2' high, white, canvas scalloped edge awning is
proposed to project 10' from the east and west sides of the building. It is anticipated
that the awning will need support posts, however such posts have not been indicated on
the plans. Therefore, attached as a condition of approval is that the support posts be
indicated on the site and elevation plans and that the poles match the color of the
awning. The north and south sides of the get-ready building do not contain any
amhitectural treatments. The elevation drawings indicate hedging and palm trees
adjacent to the north and south sides of the building. However, the landscape plan
does not indicate a hedge and Silver Buttonwood and Live Oak trees are to be located
adjacent to these elevations. Therefore, attached as a condition of approval is that the
elevations be revised to correctly indicate the type of landscape material proposed and
that groundcover and hedge material be utilized to help soften these elevations.
Pursuant to LDR Section 2.4.5(G)(l)(c)(Class III Site Plan Modification), a Class III
site plan modification is a modification to a site plan which represents either a
change in intensity of use, or which affects the spatial relationship among
improvements on the land, requires partial review of Performance Standards
found in LDR Sections 3.1.1 and 3.2.3, as well as required findings of LDR Section
2.4.5(G)(5).
Pursuant to LDR Section 2.4.5 (G)(5) (Findin.qs), with a Class III site plan
modification formal findings under Section 3.1.1 are not required. However, a
finding that the proposed changes do not significantly affect the originally
approved plan must be made concurrent with approval of a Class III modification.
The development proposal involves construction of a free standing get-ready building
containing 3,596 sq.ft., which includes reconfiguration of existing bullpen parking areas.
Pursuant to LDR Section 2.4.5(G)(5), this minor modification does not significantly
impact the previous findings as they relate to consistency with the Future Land Use
Map, Concurrency or the Comprehensive Plan. The proposal is consistent with the
North Federal Highway Redevelopment Plan as it provides economic stimulation and
investment in the area. Compliance with the Land Development Regulations was
discussed earlier in this report. The development proposal's minor impact on
Concurrency is discussed below.
Traffic:
As required by LDR Section 2.4.3(E), a traffic analysis must be submitted indicating the
proposed traffic impact presented by the proposal. A traffic impact study has been
submitted based on an increased net floor area of 3,547 square feet. However, the
proposal is for a new vehicle carwash/get-ready building which contains a mechanical
carwash, a storage area and four and a half detailing bays within 3,596 sq. ft. Attached
as a condition of approval is that the traffic analysis be revised to reflect to the correct
SPRAB Staff Report
Borton Motors Dealership - ,.,,ass III Site Plan Modification, Landscape F ..... and Building Elevations
Page 7
square footage proposed. The study indicates that the net increase in floor area will
generate 126 net average daily trips per day onto the surrounding roadway network.
Federal Highway is currently operating at a level-of-service of "D" with 30,646 average
weekly trips. The proposed modification will not cause the reduction of the level-of-
service to an "F" rating along Federal Highway. The traffic study will be transmitted to
Palm Beach County Traffic Division once it is revised to reflect the correct square
footage for the proposed building. It is anticipated that the proposal will meet traffic
concurrency standards. Based upon the above, a positive finding with respect to traffic
concurrency can be made. ^ condition of approval is attached that a letter from Palm
Beach County Traffic Division is provided stating that the proposal complies with the
Palm Beach County Traffic Performance Standards Ordinance, prior to issuance of a
building permit.
Solid Waste:
The proposed 3,596 sq. ft. addition will generate 16.54 tons of solid waste per year
(3,596 sq.ft, x 9.2 Ib./sq.ft./year = 33,083.2 lbs/2,000 lb. = 16.54 tons). The Solid Waste
Authority indicates in its annual report that the established level of service standards for
solid waste will be met for ail developments until 2021 and as this parcel was
envisioned for this type of use, it was factored into the County-wide assessment for
solid waste.
Community Redevelopment Agency
The CRA board considered this project at its meeting of June 12, 2003, and
unanimously recommended approval of the proposal.
Adjacent Municipalities
Notice of the proposal has been provided to the Town of Gulf Stream and the City of
Boynton Beach and responses have not been received to date.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
PROD
[] President's Council
[] Kokomo Key
La Hacienda
[] Seacrest Neighborhood Association
Letters of support and objection, if any, will be presented at the SPRAB meeting.
SPRAB Staff Report
Borton Motors Dealership - ~,,ass Itl Site Plan Modification, Landscape P,~,, and Building Elevations
Page 8
The development proposal involves the construction of a 3,596 new vehicle
carwash/get-ready building and reconfiguration of an existing parking area. The
proposal will be consistent with LDR Section 3.1.1 and Section 2.4.5(G)(5) of the Land
Development Regulations, and policies of the Comprehensive Plan. Compliance with
the Land Development Regulations will be obtained provided the conditions of approval
are addressed. The development proposal is compatible with the adjacent commercial
properties, provided the site lighting illumination is reduced and additional
buffering/trees are installed along the east property line.
A. Continue with direction.
B. Approve the Class III site plan modification, landscape plan and architectural
elevations for Borton Motors Dealership, based upon positive findings with respect
to Section 3.1.1(Performance Standards) and Section 2.4.5(G)(5) (Findings) of the
Land Development Regulations and the policies of the Comprehensive Plan subject
to conditions.
C. Deny the Class III site plan modification, landscape plan and architectural elevations
for Borton Motors Dealership, with the basis stated.
By Separate Motions:
Site Plan:
Approve the Class III site plan modification for Borton Motors Dealership, based on
positive findings with respect to Chapter 3 (Performance Standards), and Section
2.4.5(G)(5) (Findings) of the Land Development Regulations and policies of the
Comprehensive Plan subject to the following conditions:
1. Address all Site Plan Technical Items and submit three (3) copies of the revised
plans;
2. That the parking calculations for the overall site be provided on the site plan, and
that the 15 spaces designated for employee or service use are indicated on the site
plan;
3. That the site lighting adjacent to the get-ready building and bullpen parking area not
exceed 40 foot-candles to comply with LDR Section 4.6.8, 4.4.10(G)(6) and to
enhance compatibility with the adjacent residential neighborhood and the
photometric plan is revised accordingly;
4. That the site lighting pole locations are indicated on the site and landscape plans;
SPRAB Staff Report
Borton Motors Dealership - ~,ass III Site Plan Modification, Landscape P~,, and Building Elevations
Page 9
5. That a cross access easement allow access between the Borton Volkswagon and
Borton Volvo properties be recorded prior to certification of the site plan;
6. That the traffic analysis be revised to reflect to the correct square footage proposed;
and,
7. That a letter from Palm Beach County Traffic Division is provided stating that the
proposal complies with the Palm Beach County Traffic Performance Standards
Ordinance, prior to issuance of a building permit.
Landscape Plan:
Approve the landscape plan for Borton Motors Dealership, based on positive findings
with respect to Section 4.6.16 of the Land Development Regulations, subject to the
following conditions:
1. That all existing groundcover and underplantings be indicated on the landscape plan
within the area to be modified;
That additional understory trees, such as Simpson Stopper trees be installed along
the east property line to buffer the get-ready building from the residential properties;
and,
3. That groundcover and hedge material be utilized to help soften the north and south
elevations.
Elevations:
Approve the proposed elevations for Borton Motors Dealership, based on positive
findings with respect to LDR Section 4.6.18., subject to the following conditions:
1. That the support posts for the awning be indicated on the site and elevation plans;
2. That the support poles for the awning match the color of the awning;
3. That the elevations be revised to correctly indicate the type of landscape matedal
proposed.
Attachments:
· Site Plan
· Landscape PLan
· Building Elevations
Report prepared by: Michelle E. Ho¥1and, Senior Planner
P. 1
* ~ ~ COMML .CATIOM RESULT REPORT ( AU~. 8.~ 4:38PM ) ~ * ~
TTI CITY OF DELRAY BEACH
FILE MODE OPTIOM ADDRESS (GROUP) RESULT PAGE
737 MEMORY TX 92787841 OK P. 19719
REASOM FOR ERROR
E-l) HA~G UP OR LIME FAIL E-2) BUSY
E-3) MO ANSWER E-4) MO FACSIMILE COMMECTIOR
PLANNING ~ ZONL~G DF, PART~BJ~T
100 N.W, 1"6 AVENUE
DELRAY BEACH, FLORIDA 33444
(561) 243-7041
(561) 243-7221 FAX
e-mail: ~3zmail~delravolanninq..o ,rcj
FA$CIMILE COVER SHEET
DATE: August 8. 2003
TO: Mark Marsh
FROM: Michelle Hoyland / Loretta Heussi
Number of Pages Including Cover Sheet:
19
COMMENTS
1993
2001
LAW OFFICE OF
ROGER G. S^BERSON, P.A.
70 S.E. 4th Avenue
Delray Beaoh, FL 33483
Telephone: (581) 272-8616
August 26, 2003
Mrs. Barbara Garito
City Clerk
City of Del~ray Beach
100 NW 1"'Ave.
Delray Beach, FI. 32~.~.~.
Re:
~ RECEIVED
[ CITY CLERK
Appeal of Site Plan Review and Appearance Board Decision
Date of Decision: August 13, 2003
Decision: Denied request for approval by Borton Motors, Inc.
pertaining to architectural elevations associated with a Class III site plan
modification for the construction of a new 3,596 sq. ff. carwash/get ready
building.
Dear Mrs. Garito;
This appeal is filed on behalf of Borton Motors, Inc., the applicant, and the
specific action requested of the City Commission is that It reverse the decision of the
SIte Plan Review and Appearance Board (=SPRAB") and grant approval of architectural
elevations associated with the Class III site plan modification request of Borton Motors,
Inc. for the construction of a new 3,596 sq. ft. carwash/get ready building.
In accordance with the Land Development Regulations pertaining to appeals the
following information Is provided;
1. Identification of action which is beino aooealed-the declslon of the SIte Plan Review
and Appearance Board on August 13, 2003 denying the request for approval by Borton
Motors, Inc. pertaining to~e architectural elevations associated with a Class III site
plan modification for the construction of a new 3,596 sq. ft. carwash/get ready building.
This was Agenda Item V. F. on SPRAB's agenda of August 13, 2003.
2, Identification of who took the actiol~ and when It was made-this Information is
provided in the above paragraph.
3. The basis of the appeal- the amhItecturel elevations associated with the Clas.s III site
plan modification for the construction of a new 3,596 sq. ff. carwash/get ready building
complies with all applicable code requirements and was recommended for approval by
the planning staff and was unanimously approved by the Community Redevelopment
Agency ("CRA'). A motion was made at SPRAB to approve the request but it failed 4-2
and no further motions were made, and hence, SPRAB in effect denied the request.~
The focus of the discussion by SPRAB members was primarily on the type of building
Mrs. Barbara Garito
City Clerk
August 26, 2003
Page 2
which is a metal building. Despite being advised by the planning staff (Mr. Scott Pape)
that metal buildings are not prohibited by the Code the Board nonetheless denied the
request even though the carwash/get ready building is set back approximately 400'
from the dght of way of Federal Highway and will be behind an existing showroom
building, thus barely visible, if at all, from Federal Highway. Also, immediately to the
south of the Borton Volvo dealership is a very large metal building permitted by the City
for the 'Flea Market' which is clearly visible from Federal Highway. In view of the above,
it is respectfully submitted that the Board was in error in denying the request and its
action should be reversed and approval of the architectural elevations for the
carwash/get ready building should be granted by the City Commission.
4. Name of ao~ellant and the aDoellant'slnterest in this matter-the appellant is Borton
Motors, Inc. and its interest in this maffer is that it is the owner of the subject property
and it will, if approval is granted, construct and use the proposed building that is the
subject of this appeal.
Enclosed is the required filing fee in the amount of $300.00. Please advise me
when this maffer will be scheduled for City Commission consideration,
Thank you.
Attorney for Borton Motors, Inc.
SEP - 9 ,
LAW OFFICE OF
'ROGER G, SABERSON, P.A.
70 8.E. 4th Avenue Telephone: (S81) 272-8815
Delray Beach, FIo~lda 33483 Facsimile: (561) 276-5803
PLEASE DELIVER TO; MR, BOB BARCINSKI FAX # 243-7199
FROM: Roger G. 8aberson
DATE: September 9, 2003
NUMBER OF PAGE8 (Including Cover 8heat): 2
DESCRIPTIOH: BORTON MOTORS AGENDA ITEM 9 F.
Dear Bob;
Per our discussion please find enclosed my letter requesting a continuance
on behalf of Borton Motors.
Sincerely,
Roger
ThlsTelecopy: Will__WitlNot X ,, be followed by tho deliw~y of an original hard copy.
If you have any dlffiaJlty re~elvlng this copy please call ~ immediately. When transmitting documents
to ua that require our immediate attention, please call ,,nd advl~ us since our fax machine I$ not continuous y
menitored.The information cowls ned n this tramsmission is aflmTley pa%.ileged and contidentJal and is intended only
for ~he u~e of the addressee named above. If you are not the Intended recipient, you are hereby advised that any
dlstr~outlon or copying of this communication Is itrictly prohibited. If you have received this communication In error,
please notify Ihil firm immediat~y by collect telephone call and return the incon~cfly transmitted documenbt to us et
rite above eddreM via the U.S. Mall. We will reimburse you for your out of poc, ket expenses. Thank yot~.
Facsimile - (561) 278-5803
I 'd 8L~?'ON ~dO?:8 666l
70 8.E, 4th Avenue
Oetr~/Beth, FL 33483
LAW OFFICE OF
ROGER G. S^BERSON, P.A.
Telephone: (581) 272-8816
September g, 2003
Mayor and Member~ of
the City Commi~aion
City of Del .ray Beach
100 NW 1st Ave.
Delray Beach, FI.
Re: Borton Motor~genda Item 9 F.
Dear Mayor and City Commission;
On behalf of my client we request a continuance of the above Item, Mr. Sheffer
the owner of Borton Motors would appreciate the opportunity of speaking with the
Commission concerning the appeal but cannot be at tonight's meeting, We request that
the item be continued to the October 7, 2003 Regular Commission meeting.
Thank you for your consideration.
81n~ly yours, ,
Rogof O. Saber~on
Cc. Mr. Bob Baminaki
Mr. Lomn Sheffer
~ 'd 8L~?'ON HdO?:8 666t '6l'deS
TO:
THRU:
~Q~FROM:
SUBJECT:
MEETING OF OCTOBER 7, 2003
CONSIDERATION OF A WAIVER REQUEST TO LDR SECTION 4.1.4(C){LOTS OF
RECORD) WHICH REQUIRES THE COMBINATION OF ADJOINING LOTS OF
RECORD UNDER COMMON OWNERSHIP IF THE LOTS DO NOT INDIVIDUALLY
MEET MINIMUM LOT REQUIREMENTS.
The subject property is Lot 9, Block 6 of the Dell Park subdivision and is currently vacant. The property is
located on the south side of NE 12th Street between North Swinton Avenue and NE 2nd Avenue and is
an individually designated property in the Local Register of Historic Places as of September 30, 2003
(Ordinance 25-03).
The waiver requested would allow the development of Lot 9, Block 6 of Dell Park, a vacant lot that does
not currently meet the minimum requirements of 75' in width or the minimum square footage of 9,500
square feet. The lot measures 50'x140' and is 7,000 square feet in area and is currently owned by the
adjacent property owner. The adjoining lot to the east is described as the west half of Lot 7 and all of Lot
8 which measures 75'x140'. LDR Section 4. 1.4(C) requires that if two (2) or more adjoining lots of record
are under the same ownership they shall not be developed except in accordance with the minimum
frontage and the lot area requirements. Approval of the waiver would allow the historic Amelung House,
a Sears Roebuck kit house, constructed in 1937 to be placed on Lot 9 at 102 NE 12th Street, adjacent to
the owner's current residence at 106 NE 12th Street (the west half of Lot 7 and all of Lot 8, Block 6 of Dell
Park).
The prevailing development pattern along NE 12th Street is single family homes on lots of varying widths,
many of which measure 50', 60' and 65' wide. These lots possess similar dimensions as this waiver
request. The three lots directly to the west of Lot 9, Block 6 measure 50' x 140', while the lots directly
across the street vary between 60'x 140' and 65' x140'. In review of the predominant development on
this block and across the street: seven single family homes are on 50' lots, one home is on a 60' wide lot,
and two homes were developed on 65' wide lots. Given the consistency of this request with respect to
the prevailing development patterns, there is a precedent to support the waiver request to approve Lot 9,
Block 6 as a buildable lot. Additional background information and a complete analysis of the request can
be found in the attached HPB Memorandum Staff Report dated October 1, 2003.
The waiver request for Lot 9, Block 6 will be reviewed by the Historic Preservation Board during its
meeting of October 1, 2003. The results of that review will be conveyed to the City Commission at their
meeting of October 7, 2003.
Approve the waiver to LDR Section 4.1.4(C) to allow the development of Lot 9, Block 6, Del Park at 102
NE 12th Street, the Amelung House, based upon positive findings with respect to LDR Section
2.4.7(B)(5).
Attachments: Aedal, Map, HPB Report dated October 1, 2003.
CITY OF DBLR^Y BEACH, FL
PLANNING & ZONING DEPARTMENT
AERIN,. PHOTOGRAPHY DATE: JAN. 2005
AMELUNG HOUSE
WAIVER REQUEST
N.W. 6TH ST.
TRINITY
LUTHERAN
LAKE IDA ROAD
N.E. 7~H ST.
N.E. 4th
BUSH
ST.
AMELUNG
HOUSE
PROPOSED
RELOCATION
SITE
WAIVER REQUEST
102 N.E. 12TH STREET
WITHIN CENSUS
TRACT: ~o6.02
S
Agent: Gary & Toni Eliopoulos
Project Name: Amelung House
Project Location: 102 NE 12th Street
The item before the Board is consideration of a COA for elevation changes and a waiver
request for 102 NE 12th Street, the Amelung House, pursuant to LDR Sections
2.4.6(J) and 4.1.4(C).
The subject property consists of Lot 9, Block 6, Dell Park subdivision, which is zoned R-
1-AA (Single Family Residential) and currently contains an individually listed,
contributing historic house, known as the Amelung House. The subject property is
located on the south side of NE 12th Street, approximately 300' east of North Swinton
Avenue. Originally located at 1125 Vista Del Mar Drive, the Seam & Roebuck kit house,
constructed in 1937, was relocated to its present location in September 2003 due to a
threat of demolition.
During its meeting on June 18, 2003, the Historic Preservation Board reviewed the
designation report for the relocated dwelling. At its meeting of July 16, 2003, the Board
held a public meeting to discuss the proposed designation and recommended to the
City Commission approval for the individual historic property designation.
On August 19, 2003, the City Commission on second reading approved Ordinance No.
25-03, to individually list the historic property in the Delray Beach Local Register of
Historic Places.
The applicant is now before the Board for an elevation change to create an entrance on
the front of the building and to request a waiver to allow the development of Lot 9, Block
6, Dell Park.
The two-story, four bay, frame house displays wood shiplap siding, casement windows,
a front-facing gable entryway, and side-facing gable roof with two symmetrical, gabled
dormers. A chimney lies to the west of the center of the building, asymmetrical to the
entryway. The facade is symmetrical with the exception of the one-story extension on
Meeting Date: October 1, 2003
Agenda Item: III.B.
Amelung House-102 NE 12th Street
Elevation Changes & Waiver Request
Page 2
the east elevation (a later addition). The proposal includes the orientation of the building
with the original front fa(~ade (displaying dormers) facing the side interior (east property
line), due to the lot configuration. This re-orientation mandates the creation of a new
entrance on the north elevation in order to maintain the solids to voids pattern
consistent with the surrounding neighborhood. The new entrance will include the
installation of a gable hood with decorative knee braces which are intended to mimic the
front facing gable roof above. The door hood will shelter a multi-light single, panel door
which is centered on the north elevation to provide access on the front fa(~ade into the
first floor of the house.
Development of the non-conforming lot requires approval of a waiver by the City
Commission. Analysis of this request follows.
The waiver request is to allow the development of Lot 9, Block 6, Dell Park, a vacant lot
that does not currently meet the minimum lot requirements of 75' width and frontage or
the minimum square footage of 9,500 square feet of the R-l-AA zoning district. The
non-nonconforming lot measures 50' x 140' and is 7,000 square feet in area. The lot is
currently owned by the adjacent property owner (also the applicant for this proposal) to
the east of Lot 9 that encompasses the west half of Lot 7 and all of Lot 8 and measures
75'x140'. According to LDR Section 4.1.4(C), if two (2) or more adjoining lots of record
are under the same ownership they shall not be developed except in accordance with
the minimum frontage and the lot area requirements. Approval of the waiver would allow
the relocated house to be permanently located on Lot 9 also known as 102 NE 12th
Street, adjacent to the owner's current residence at 106 NE 12th street (the west half of
Lot 7 and all of Lot 8, Block 6, Dell Park).
REQUIRED FINDINGS:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall
make findings that the granting of the waiver:
a) Shall not adversely affect the neighboring area;
b) Shall not significantly diminish the provision of public facilities;
c) Shall not create an unsafe situation; and,
d) Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or
owner.
Immediately west of the subject property there are three 50' wide lots, each occupied by
a single family home. To the north, across the street, exists single family homes on 50',
60', and 65' wide lots. The predominant development pattern along this section of NE
nd
12th Street (between Swinton Avenue and NE 2 Avenue) consists of single family
homes constructed on lots less than the required 75' width and 9,500 sq. ft. area, with
50' being the prevailing lot width. Based on the existing development pattern, the waiver
can be supported.
Amelung House-102 NE 12th Street
Elevation Changes & Waiver Request
Page 3
Given the discussion above, the waiver request will not adversely the neighboring area
or is a special privilege being granted as other non-conforming lots already exist in the
neighborhood. No public facilities will be at risk and no unsafe situations shall be formed
by the granting of this waiver. Therefore, positive findings with respect to LDR Section
2.4.7(B)(5) can be made.
LDR Section 4.5.1(E)(8)(g) "Development Standards" provides guidelines in
evaluating Certificates of Appropriateness for the alteration or addition of exterior
architectural features. The guidelines are as follows:
The Board Shall Consider:
A historic site, or building, structure, site, improvement, or appurtenance within
a historic district shall be altered, restored, preserved, repaired, relocated,
demolished, or otherwise changed in accordance with the Secretary of the
Interior's Standards for Rehabilitation, as amended from time to time.
All improvements to buildings, structures, and appurtenances shall be visually
compatible. Visual compatibility shall be determined in terms of the following
criteria:
Front Facade Proportion: The front facade of each building or structure
shall be visually compatible with and in direct relationship to the width of
the building and to the height of the front elevation of either adjacent or
adjoining buildings within a historic district.
Proportion of Openings (Windows and Doors): The openings of any
building within a historic district shall be visually compatible with the
openings exemplified by the prevailing historic architectural styles within
the district. The relationship of the width of windows and doors to the
height of windows and doors among buildings within the district shall be
visually compatible.
Rhythm of Solids to Voids: Front Facades: The relationship of solids to
voids in the front facade of a building or structure will be visually
compatible with the front facades of historic buildings or structures within
the district.
Rhythm of Buildings on Streets: The relationship of buildings to open
space between them and adjoining buildings shall be visually compatible
with the relationship between historic sites, buildings, or structures within a
historic district.
Rhythm of Entrance and/or Porch Pro[ections: The relationship of
entrances and porch projections to the sidewalks of a building shall be
visually compatible with the prevalent architectural styles of entrances and
Amelung House-102 NE 12th Street
Elevation Changes & Waiver Request
Page 4
porch projections on historic sites, buildings, and structures within a
historic district.
Relationship of Materialsf Texturef and Color: The relationship of
materials, texture, and color of the facade of a building shall be visually
compatible with the predominant materials used in the historic sites,
buildings, and structures within a historic district.
(k) Directional Expression of Front Elevation: A building shall be visually
compatible with the buildings, structures, and sites in its directional
character, whether vertical, horizontal, or non-directionaL
The following is suggested by the Delray Beach Design Guidelines regarding
relocation:
Location is an important element in satisfying the integrity requirement. The location,
(the place where the property was constructed or the place where the historic event
occurred), is important in determining its character, why it was created, and its
relationship to the history of the area.
Ifa property is moved, it may lose its historic significance unless it can be demonstrated
that:
· The new location is sufficient in size and character to recall the basic qualities of
the original historic environment and setting;
· The property is oriented appropriately in relationship to its historic natural and/or
manmade surroundings; and,
· The relationships between such historic features as landscaping and foundations
are maintained.
The Secretary of the Interior's Standards for Rehabilitation suggest the following:
The historic character of a property shall be retained and preserved, The removal of
historic materials or alteration of features and spaces that characterize a property shall
be avoided.
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings shall not be undertaken.
Deteriorated historic features shall be repaired rather than replaced. Where the severity
of deterioration requires replacement of a distinctive feature, the new feature shall
match the old in design, color, texture, and other visual qualities and, where possible,
materials.
New additions, exterior alterations, or related new construction, shall not destroy historic
materials that characterize the property.
Amelung House-102 NE 12th Street
Elevation Changes & Waiver Request
Page 5
Conclusion
The proposal includes the creation of a new gable entrance on the single family home
and a waiver request to permit the accommodation of the historic single family home.
While the orientation of the building is not that of its original design, the re-orientation
and alteration to the front elevation can be supported based on the retention of the
historic home (being saved from demolition), consistency with the solids to voids pattern
on the front elevation, and that the proposed alterations are complimentary and
reversible and are the minimum required to accommodate the adaptive use of the
building in its new location.
Based on the analysis above, positive findings with respect to the LDR Sections
4.5.1(E)(4), and (E)(8)(b-g) and (k), the Delray Beach Design Guidelines, and the
Secretary of the Interior's Standards for Rehabilitation can be made.
On September 18, 2003, the Delray Beach Board of Adjustment reviewed and approved
a variance request (5-0) to reduce the side (west) setback from 10' to 4'8" for Lot 8,
th
Block 6, a portion of the property at 106 NE 12 Street which lies adjacent to (east of)
th
the historic house at 102 NE 12 Street. The variance allows the retention of an existing
guest cottage to the rear (southwest corner) of the property on Lot 8. This was
submitted in anticipation of the proposed waiver to facilitate the placement of the historic
house on Lot 9.
A. Continue with direction.
B. Recommend to the City Commission approval of the waiver and approve the COA
for 102 NE 12th Street, the Amelung House, based upon positive findings with
respect to Sections 2.4.7(B), 4.5.1(E)(4) and (E)(8)(b-g) and (k) of the Land
Development Regulations and the policies of the Comprehensive Plan.
C. Recommend to the City Commission denial of the waiver request and deny approval
of the COA for 102 NE 12th Street, the Amelung House, based upon a failure to
make positive findings with respect to Sections 2.4.7(B), 4.5.1(E)(4) and (E)(8)(b-g)
and (k) of the Land Development Regulations and the policies of the Comprehensive
Plan.
By Separate Motion:
Waiver
Recommend to the City Commission approval of a waiver from LDR Section 4.1.4(C) to
allow the development of Lot 9, Block 6, Dell Park, for the property 102 NE 12th Street,
Amelung House-102 NE 12th Street
Elevation Changes & Waiver Request
Page 6
the Amelung House, based upon positive findings with respect to LDR Section
2.4.7(B).
Certificate of Appropriateness
Approve the Certificate of Appropriateness for elevation changes associated with a
COA for 102 NE ~12th Street, the Amelung House, based upon positive findings with
respect to LDR Sections 4.5.1(E)(4), (E)(8)(b-g) and (k), the Delray Beach Design
Guidelines, and the Secretary of the Interior's Standards for Rehabilitation.
Attachments: Site Plan, Elevations, Aerial, Survey, & Map
Report Prepared by: Wendy Shay, Historic Preservation Planner
STATUS REPORT - CONDITIONAL USE REQUEST TO ESTABLISH A LATE
NIGHT BUSINESS FOR EXCELL RESTAURANT WITHIN LINTON SQUARE
PLAZA LOCATED AT THE NORTHEAST CORNER OF CONGRESS AVENUE
AND LINTON BOULEVARD.
On September 25, 2003, staff met with the applicant concerning the Conditional Use request for
Excell Restaurant. The results of the meeting were that either the applicant would submit a
revised floor plan as it relates to the proposed conditional use request, or modify the conditional
use request. If the modifications are substantial or involve changes to the proposed use, re-
notification and a public hearing before the Planning and Zoning Board may be necessary. Once
the applicant submits, a determination will be made with regard to the process and this item will be
scheduled for the next available meeting, as appropriate.
TO:
THRU:
FROM:
SUBJECT:
DAVID T. ,.H~DEN_CI'I~ MANAGER
PAUL DORLING, DIRECT/OR)OF PLANNING AND ZONING
MEETING OF SEPTEMBER 9, 2003
CONDITIONAL USE REQUEST TO ESTABLISH A LATE NIGHT BUSINESS FOR EXCEL
RESTAURANT WITHIN LINTON SQUARE PLAZA LOCATED AT THE NORTHEAST
CORNER OF CONGRESS AVENUE AND LINTON BOULEVARD.
Pursuant to the Land Development Regulations (LDR), a late night business is defined as any restaurant,
bar, lounge, nightclub, music hall, club, gasoline station, convenience store, convenience business, retail
store, grocery store, laundromat or similar use which is or will, at any time during a calendar year, be open
for business at any time between the hours of 12:00 midnight and 5 a.m. In addition, LDR Section
4.3.3(W) (2) (a) states that any late night business located or proposed to be located within a 300' straight
line route from any residentially zoned property shall obtain a conditional use permit from the City for the
operation of such use.
Excel Restaurant is described by the applicant as a restaurant and night club with an area to accommodate
a live band and dance floor. The hours of operation are proposed to be from 5:00 p.m. until 3:00 a.m. As
the business is located within 300' of residentially zoned property (Delray Estates and Delray Beach
Highlands) and will be open after 12:00 midnight, conditional use approval must be obtained. There will be
ten employees and a seating capacity of 336 persons. There is an existing monitored alarm system with
panic buttons for the subject bay. As the structure and all attendant facilities (parking, drainage, utilities,
etc.) are currently in place, no improvements are proposed with the petition. Conditions of approval include
the provision of additional lighting beneath the colonnade, at least one external security camera, three to
five internal security guards and two off-duty police officers outside when entertainment is provided, along
with a reduction in the proposed hours of operation. A complete analysis is found in the attached Planning
and Zoning Board staff report.
At a public hearing held on August 18, 2003, the Planning and Zoning Board considered the Conditional
Use request. The Board had discussions on whether the security cameras would be recording (to which the
applicant later stated that they would) and on future reoccupancy of the subject bays by another club and
whether they would need to return for conditional use approval. The applicant then spoke regarding the
recommended condition of approval pertaining to hours of operation and his proposed hours of operation.
After public comment in support of the applicants hours of operation, the Board voted 6-0 (Pike absent) to
recommend to the City Commission approval of the Conditional Use request to establish a late night
business for Excel Restaurant, based upon positive findings with respect to Section 2.4.5(E) (5) and
Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan, subject to the
attached list of conditions, which included limiting the hours of operation to no later than 2:00 a.m.
Approve the conditional use request to establish a late night business for Excel Restaurant, based upon the
findings and recommendations of the Planning and Zoning Board.
Attachments:
· Exhibit "A" (Recommended Conditions of Approval)
Planning and Zoning Board Staff Report of August 18, 2003
EXHIBIT "A"
RECOMMENDED CONDITIONS OF APPROVAL
1. That the proposed security plan consisting of internal security cameras with a recorded feed, a
monitored security alarm, three - five internal security guards, and two off-duty police officers outside
the premises is implemented with the security personnel being required when entertainment is
provided;
2. That the hours of operation do not exceed 2:00 a.m.;
3. That additional lighting is provided beneath the colonnade in compliance with the illumination standards
of LDR Section 4.6.8; and,
4. That at least one external security camera is installed in addition to the internal security cameras.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
August 18, 2003
IV. C.
Conditional Use Request 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 (Quasi-Judicial Hearing).
GENERAL DATA:
Owner. ........................................ Gator Linton Partners, LTD.
Applicant/Agent .......................... Belony Excellent
Located within the Linton
Square Shopping Center
at the northeast comer of
Linton Boulevard and
Congress Avenue.
Property Size .............................. 8.24 Acres
Future Land Use Map ................ GC (General Commercial)
Current Zoning ............................ PC (Planned Commercial)
Adjacent Zoning ................ North: MIC (Mixed Industrial &
Commercial)
East: CD (Conservation District)
South: POC (Planned Office Center)
West: RM (Single Family
Residential - Medium
Density), POD (Planned
Office Center), & R-1-A
(Single Family Residential)
Existing Land Use ...................... Shopping Center
-Proposed Land Use .................... Conditional use request to
allow the establishment of a
24-hour or late night
business.
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
IV. C.
The action before the Board is making a recommendation to the City Commission on a request
for Conditional Use approval to establish a 24-hour or late night business (Excel Restaurant),
pursuant to Land Development Regulations (LDR) Section 2.4.5(E).
The subject bay is at the northeast comer of Linton Square, which is located at the northeast
comer of Congress Avenue and Linton Boulevard (1459 & 1463 South Congress Avenue).
The development proposal involves Linton Square shopping center, which was originally zoned
Light Industrial (LI), but was rezoned to Special Activities District (SAD) on August 14, 1984 via
Ordinance No. 52-84. At the time of the rezoning the subject property also received conditional
use and site plan approval to allow a shopping center totaling 107,885 square feet of floor area.
Linton Square was constructed in 1985. Subsequent to the original site plan approval a
modification was approved administratively to relocate parking spaces from the rear of the
development to the front.
With the Citywide rezonings associated with the adoption of the Land Development Regulations
in October 1990, the property was rezoned to its current zoning designation of Planned
Commercial (PC).
It is noted that while the shopping center was originally approved for 107,885 square feet of
floor area only 104,620 square foot was developed. An approved outparcel was not able to be
developed due restrictions associated with the widening of Congress Avenue in the late 1980's.
The development proposal that is now before the Board is to establish a "24-hour or late night
business" (Excel Restaurant) within two bays located in the northeast corner of the Linton
Square shopping center.
Pursuant to the Land Development Regulations, a 24-hour or late night business is defined as
any restaurant, bar, lounge, nightclub, music hall, club, gasoline station, convenience store,
convenience business, retail store, grocery store, laundromat or similar use which is or will, at
any time during a calendar year, be open for business at any time between the hours of 12:00
midnight and 5 a.m. In addition, LDR Section 4.3.3(W) (2) (a) (Conditional Use) states that
any 24-Hour or late night business located or proposed to be located within a 300' straight line
route from any residentially zoned property shall obtain a conditional use permit from the City
for the operation of such use. The distance shall be measured from the nearest point of the
property on which the 24-Hour or late night business is or will be located to the nearest point of
a residentially zoned property.
Excel Restaurant is described by the applicant as a restaurant and night club with an area to
accommodate a live band and dance floor. The hours of operation are proposed to be from
5:00 p.m. until 3:00 a.m. As the business is located within 300' of residentially zoned property
(Delray Estates and Delray Beach Highlands) and will be open after 12:00 midnight, conditional
use approval must be obtained. It is noted that with respect to the hours of operation, within the
City limits the sale of alcohol is prohibited after 2:00 a.m. Due to the inherent difficulty that
would exist in ensuring that no alcoholic beverages are served after 2:00 a.m. in an
establishment that would remain open after 2:00 a.m., it is suggested and attached as a
condition of approval that the hours of operation not exceed 2:00 a.m.
Planning & Zoning Board Staf. port
Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant)
Page 2
The restaurant will occupy two bays totaling 6,000 square feet at the northeast comer of the
Linton Square shopping center, formedy occupied by Palace Restaurant and New York Men's
Clothing, neither of which were open past 12:00 midnight. There will be ten employees and a
seating capacity of 336 persons. There is an existing monitored alarm system with panic
buttons in the subject bays. Additional security measures will include secudty cameras and
three to five security personal that will be stationed inside the business and be equipped with
flashlights and two-way radios. Outside lighting exists and two off-duty Delray Beach police
officers will provide external security. As the structure and all attendant facilities (parking,
drainage, utilities, etc.) are currently in place, no improvements are proposed with the petition.
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - LO.S.)
Pursuant to LDR Section 3.1.1 (Required Findings), prior to approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, the staff report, or
minutes. Findings shall be made by the body which has the authority to approve or deny
the development application. These findings relate to consistency with the Future Land
Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with
the LDR.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone district
and the zoning district must be consistent with the land use designation.
The subject property has a FLUM designation of General Commercial (GC) and a zoning
designation of Planned Commercial (PC). The PC zoning district is consistent with the FLUM
designation of GC. As previously stated, the proposed restaurant/night club is defined in the
LDR as a 24-hour or late night business as the business will be open until 2.'00 a.m. LDR
Section 4.3.3(W) (2) (a) (Conditional Use) states that any 24-hour or late night business
located or proposed to be located within a 300' straight line route from any residentially zoned
property shall obtain a conditional use permit from the City for the operation of such use.
Pursuant to LDR Section 4.4.12(H) (2), within the PC zoning district, 24-hour or late night
businesses are allowed as a conditional use. Based upon the above, a positive finding with
respect to consistency with the FLUM can be made.
CONCURRENCY: Facilities which are provided by, or through, the City shall be provided
to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the
Comprehensive Plan.
The development proposal consists of the establishment of a late night restaurant/night club
(open until 2:00 a.m.) within two shopping center bays previously occupied by a restaurant and
men's clothing store, neither of which operated past 12:00 midnight. Traffic volumes
associated with the proposed late night restaurant/night club operation will be the same as that
generated by the previous restaurant and retail operations. The proposal will not have an
impact on water and sewer demands, drainage, or parks and recreation facilities. Concurrency
findings as they relate to solid waste are discussed below.
Solid Waste:
The 6,000 square foot restaurant/night club will generate 74.7 tons of Solid waste per year
(6,000 sq. ft. x 24.9 = 149,400 lbs. per sq. ft. / 2,000 lbs. = 74.7 tons), which is an increase of
Planning & Zoning Board Stat port
Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant)
Page 3
22.05 tons over the previous restaurant and retail uses combined. The Solid Waste Authority
has indicated that its facilities have sufficient capacity to handle all development proposals till
the year 2021.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and
required findings in Section 2.4.5(E) (5) for the Conditional Use request shall be the
basis upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
A review of the goals, objectives, and policies of the adopted Comprehensive Plan was
conducted and the following applicable policy is noted:
Housin.q Element Policy A-12.3 - In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project shall
be modified accordingly or denied.
The proposed use abuts residential property to the west across Congress Avenue. The nearest
residential structures are located approximately 135' to the west from the subject property. The
restaurant occupies two bays, one of which was previously used as a restaurant, therefore
there will be similar odors and noise generated. It is noted that the subject bay is located in the
interior corner of the shopping center and the entrance to the bay faces the parking lot as well
as Congress Avenue. While live music is proposed within the restaurantJnight club, the actual
bays are located approximately 350' from the adjacent residentially zoned properties, which, as
previously noted, are on the opposite side of Congress Avenue from the proposed
restaurant/night club. Traffic volumes will not increase and circulation patterns will not change
with the establishment of the proposed use. Based upon the above, the business will not have
the potential to negatively impact the safety, habitability, and/or stability of the adjacent
residential areas.
LDR SECTION 2.4.5(E) (REQUIRED FINDINGS):
Pursuant to LDR Section 2.4.5(E) (5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use will not:
(a) Have a significantly detrimental effect upon the stability of the neighborhood
within which it will be located;
(b) Nor that it will hinder development or redevelopment of nearby properties.
The following zoning designations and uses border the property:
Direction: Zoninq: Use:
North MIC
South GC
East CD
~Vest R-l-A, RM,
and POD
Vacant land
Business and Professional Offices (Arbors Office Park)
Vacant land, C.S.X. Railroad, and 1-95 rights-of-way
Single-family residences (Delray Beach Highlands), multiple-family
residences (Delray Beach Estates), and a bank (Wachovia Bank)
Planning & Zoning Board Sta! port
Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant)
Page 4
As previously stated, the proposed use abuts residential property to the west with the nearest
residential structures being located approximately 350' to the west. It is noted there are
presently no other businesses located in the shopping center that operate after 12:00 midnight.
The proposed late night restaurant/night club will be located within an existing shopping center
and no exterior changes to the site ara proposed. The entrance faces the parking area and is
also buffered from the many of the adjacent residential properties by a portion of the shopping
center structure as well as Congress Avenue. As the proposed use will be within an existing
shopping center with the entrance interior to the center, there are no concerns with respect to
compatibility with the developed residential properties to the west or with the non-residential
properties to the north, south, and east. Based upon the above, the proposed use will not have
an adverse impact on the surrounding area, nor will it hinder development or redevelopment of
nearby properties.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
(VV) 24-Hour or Late Ni.qht Businesses:
(2) Requirements: Unless otherwise specified, the following regulations shall apply to 24-
Hour or late night businesses:
(a)
Conditional Use: Any 24-hour or late night business located or proposed to be
located within a 300' straight line route from any residentially zoned property shall
obtain a conditional use permit from the City for the operation of such use. The
distance shall be measured from the nearest point of the property on which the 24-
hour or late night business is or will be located to the nearest point of a
residentially zoned property.
(b)
Conditions.: In addition to complying with Section 2.4.5(E) of the Land
Development Regulations, all other applicable regulations, and with any conditions
imposed through the conditional use process, the following conditions shall apply
to all 24-Hour or late night businesses which meet the requirements of subsection
(2) (a):
Security Plan: A 24-Hour or late night business shall submit a secudty plan
detailing the manner in which the business intends to address the security of
the establishment, its patrons, employees and nearby residents. A
convenience business as defined in Section 812.171, Florida Statutes (2000),
as may be amended from time to time, is exempted from filing a security plan
with the City pursuant to this subsection. However, convenience businesses
shall comply with all applicable provisions of Sections 812.101-812.175,
Florida Statutes (2000), as may be amended from time to time. A security
plan shall include, at a minimum, a detailed description of the following:
a. External lighting;
b. Other external security measures, such as secudty cameras or other
similar measures; and,
c. Intemal security measures, such as drop safes, silent alarms, security
personnel or other similar measures.
Planning & Zoning Board Stal port
Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant)
Page 5
The existing shopping center contains lighting, however additional lighting should be provided
beneath the colonnade in compliance with the illumination standards of LDR Section 4.6.8.
There is sufficient lighting in the rear parking area and adjacent to the dumpster.
The applicant has stated that there will be a monitored alarm system with panic button as well
as a security camera system for the subject bay. Also, three to five security guards will patrol
the internal areas of the establishment while two off-duty City of Delray Beach police officers
will provide additional security outside. It is noted that while security cameras are to be
provided inside of the business at least one additional camera should be provided outside of the
business. The provision of this additional secudty measure is attached as a condition of
approval.
2. Bufferin.q: A 24-Hour or late night business shall provide adequate buffedng
to minimize the effects of noise and to act as a visual buffer to the property
from nearby residential districts.
The shopping center does not immediately abut any residential neighborhoods; however it is in
close proximity to both the Delray Estates and Delray Beach Highlands neighborhoods. The
entrance of the business faces the shopping center parking area, which is buffered from these
nearby residential properties by a portion of the shopping center structure as well as Congress
Avenue, a distance of approximately 350'. No further buffering appears necessary.
(c) FindinRs: In addition to any findings required by Section 2.4.5(E) of the Land
Development Regulations, and any other required findings, the following specific
findings shall be made in order for any 24-Hour or late night business to be
approved for a conditional use:
That the use will be consistent with Housing Element A-12.3 of the
Comprehensive Plan of the City of Delray Beach.
That the submitted security plan contains measures adequate to reasonably
protect the safety of patrons, employees and nearby residents.
That the amount and type of proposed buffering is adequate to minimize the
effects of noise impacts upon surrounding uses and nearby residential
properties and to act as a visual buffer to the property from surrounding uses
and nearby residential properties.
Based upon the previous analysis discussed in the staff report, the proposed use will be
consistent with Housing Element Policy A-12.3, which relates to maintaining stability. With
regard to security, the existing shopping center contains lighting, however additional lighting
should be provided beneath the colonnade in compliance with the illumination standards of LDR
Section 4.6.8. Per the applicant, additional measures such as the provision of internal security
cameras and security personnel will be undertaken. However, at least one external security
camera should be installed and this is attached as a condition of approval. With regard to
buffering, given the existing configuration of the shopping center, location of the parking area,
and its separation from the nearby residential developments by Congress Avenue, there should
be no noise impacts on the adjacent residential areas. Based upon the above, positive findings
can be made with respect to LDR Section 4.3.3(VV) (2) (c).
The subject property is not in a geographical area requiring review by the Downtown
Development Authority (DDA) or Community Redevelopment Agency (CRA).
Planning & Zoning Board Stal port
Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant)
Page 6
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· Abbey Delray North
· Abbey Delray South
· Crosswinds
· Delray Beach Highlands
· Delray Estates
· President's Council
· Progressive Residents of Delray
(P.R.O.D.)
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Notices were also provided to the tenants within the Linton Square shopping center.
To date, one letter of objection has been received and is attached. Any additional letters of
objection and/or support, if any, will be presented at the Planning and Zoning Board meeting.
The proposed conditional use for Excel Restaurant will not increase the current intensity of the
site. The development proposal is consistent with Chapter 3 of the Land Development
Regulations and the policies of the Comprehensive Plan, including Housing Element Policy A-
12.3. Also, positive findings with respect to LDR Sections 2.4.5(E) (5) (Conditional Use
Findings) and 4.3.3(W) (2) (c) (24-Hour or Late Night Businesses), can be made as the
proposal will not have an adverse impact on the surrounding area nor will it hinder development
or redevelopment of nearby properties, provided the conditions of approval are addressed with
respect to providing additional lighting and security measures, and limiting the hours of operation
so as not to exceed 2:00 a.m.
A. Continue with direction.
B. Recommend approval of the conditional use request for a 24-hour or late night business
(Excel Restaurant), based upon positive findings with respect to Chapter 3 (Performance
Standards), Section 2.4.5(E) (5) (Required Findings), and Section 4.3.3(W) (2) (c) (24-Hour
or Late Night Business Findings) of the Land Development Regulations, and consistency
with Housing Element Policy A-12.3 of the Comprehensive Plan, subject to the conditions of
approval.
C. Recommend denial of the conditional use request for a 24-hour or late night business (Excel
Restaurant), based upon a failure to make positive findings with respect to Section 2.4.5(E)
(5) (Conditional Use Findings) and Section 4.3:3(VV) (2) (c) (24-Hour or Late Night Business
Findings) of the Land Development Regulations, and consistency with Housing Element
Policy A-12.3 of the Comprehensive Plan, that the proposed use will hinder development or
redevelopment of nearby properties and the proposed development will result in a
degradation of nearby neighborhoods.
Recommend to the City Commission approval of the conditional use request to establish a 24-
hour or late night business (Excel Restaurant), based upon positive findings with respect to
Chapter 3 (Performance Standards), Section 2.4.5(E) (5) (Required Findings), and Section
Planning & Zoning Board Stat ,port
Conditional Use Request for a 24-Hour or Late Night Business (Excel Restaurant)
Page 7
4.3.3(W) (2) (c) (24-Hour or Late Night Business Findings) of the Land Development
Regulations, and consistency with Housing Element Policy A-12.3 of the Comprehensive Plan,
subject to the following conditions:
1. That the proposed secudty plan consisting of internal secudty cameras, a monitored
security alarm, three - five internal security guards, and two off-duty police officers
outside the premises is implemented;
2. That the hours of operation do not exceed 2:00 a.m.;
3. That additional lighting is provided beneath the colonnade in compliance with the
illumination standards of LDR Section 4.6.8; and,
4. That at least one external security camera is installed in addition to the internal
security cameras.
Att~c~rrmnte:
· Location Map
· Site Plan
· Floor Plan
· Letter of Objection
Staff Report Prepared by:
Robert G. Tefft, Planner
LOWSON
BLV
OFFICE
DEPOT
ARBORS
OFFICE
PARK
EXCELL
RESTAURANT
CONDITIONAL USE
REQUEST
1585 S. CONGRESS AVE ,
EXISTING pLAZA COMPLEX
SUPPLEMENTAL INFORMATION
COMt,,~ERCtAL)
FLUM: GC (GENERAL
COMMERCIAL)
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~.I~ITON BLVD, '
TO:
FROM:
SUBJECT:
DAVID~T. HARDEN, CITY MANAGER
BOARD'S DECISION REGARDING THE ELIMINATION OF CERTAIN
RECOMMENDED CONDITIONS OF APPROVAL FOR ATLANTIC PLACE.
The action requested of the City Commission is that of consideration to appeal the Site Plan
Review and Appearance Board's elimination of staff's recommended conditions of approval for
Atlantic Place, located on the south side of East Atlantic Avenue, between Venetian Drive and
Gleason Street.
The request to appeal the Board's decision is being processed pursuant to Land Development
Regulations (LDR) Section 2.4.7(E) Appeals,
The development proposal consists of the demolition of the existing Atlantic Center Shoppes,
Huddle Building and Island House Apartments as well as their respective parking areas; the
construction of two four-story mixed use buildings, a five level parking garage and refuse building;
the construction of a "Plaza Drive" connecting Venetian Drive and Gleason Street through the
project and providing access to the parking garage; and the relocation of three (3) on-street
parking spaces within the Venetian Drive right-of-way. A complete analysis of the proposal is
found in the attached Site Plan Review and Appearance Board (SPRAB) staff report.
On September 24, 2003, the Site Plan Review and Appearance Board (SPRAB) considered a
Class V site plan, landscape plan and architectural elevations for Atlantic Place. The Board
approved the site plan and landscape plan (the architectural elevations were tabled), subject to
various conditions of approval. However, the following conditions of approval as recommended
by staff were eliminated by the Board:
1. That para//el parking spaces be provided within the Gleason Street right-of-way in a
manner consistent with those in the Venetian Drive right-of-way.
Pursuant to LDR Section 4.6.9(E) (3) (e), where adequate right-of-way exists adjacent to a
proposed project for which an in-lieu parking fee has been approved, the applicant must construct
additional on-street parking. While this development proposal does not involve the utilization of
the in-lieu parking fee, adequate right-of-way will exist to provide on-street parking within the
Gleason Street right-of-way. It is acknowledged that the aforementioned requirement is intended
to mitigate a deficiency in the required parking for a specific development and that no such
deficiency exists with this proposal; however the provision of on-street parking will serve to
provide a convenient parking alternative to short-term visitors to the subject property and further
ensure that adequate parking is made available to the overall development. Furthermore, the r~.,--.
City Commission Documentation
Appealable Items Meeting of October 7, 2003
Page 2
provision of on-street parking serves as both a traffic calming measure and a buffer between
vehicular as well as pedestrian traffic. Based upon the above, staff's condition of approval
requiring the installation of addition on-street parking within the Gleason Street right-of-way would
constitute sound planning practice.
2. That the sidewalk is constructed within the Gleason Street right-of-way pursuant to
the requirements of LDR Section 6.1.3.
Pursuant to LDR Section 6.1.3(B) (2), sidewalks shall be constructed within the street right-of-way
and generally located to the edge of the right-of-way line. The development proposal depicts the
construction of the sidewalk along Gleason Street; however it is not located at the edge of the
newly dedicated right-of-way and therefore does not provide adequate dimensions to
accommodate on-street parking. To construct the sidewalk in a manner other than as per LDR
Section 6.1.3(B) (2) would require the submittal and approval of a waiver request to this section.
No waiver was requested, nor findings made pursuant to LDR Section 2.4.7(B) (5). Further, the
installation of the sidewalk at the edge of the right-of-way line and provision of on-street parking is
a legitimate request consistent with good planning principles.
By motion, file an appeal of the Site Plan Review and Appearance Board's decision and schedule
the appeal for the next regularly scheduled City Commission meeting.
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
September 24, 2003
IV. B.
Atlantic Place - Class V Site Plan, Landscape Plan and Architectural Elevations
Associated with the Construction of a Mixed Use Development Containing 24
Residential Condominiums, 19,620 Square Feet of Retail Floor Area, 18,000 Square
Feet of Office Floor Area and 5,450 Square Feet of Restaurant Floor Area as Well
as a Five-Level Parking Garage.
GENERAL DATA:
Owner/Applicant ......................... 1000 Atlantic Avenue
Partners, L.P.
Agent ...... .~ ................................ i. Weiner & Aronson, P.A.
Location ...................................... South side of East Atlantic
Avenue between Venetian
Drive and Gleason Street.
Property Size .............................. 2.09 Acres
Future Land Use Map ............... CC (Commercial Core)
Current Zoning ......... ~ .................. CBD (Central Business
District)
Adjacent Zoning ................ North: CBD (Central Business
District)
East: CBD (Central Business
District)
South: RM (Multiple Family
Residential - Medium
Density) & CF (Community
Facilities)
West: CBD (Central Business
District)
Existing Land Use ...................... Shopping center, restaurants,
and rental apartments.
Proposed Land Use .................... Construction of a mixed use
development as well as a
five-level parking garage.
Water Service ............................. Existing on site.
Sewer Service ............................. Existing on site.
IV.B.
The action before the Board is approval of the following aspects of a Class V site plan request
for Atlantic Place, pursuant to Land Development Regulations (LDR) Section 2.4.5(F):
Site Plan;
Landscape Plan; and
Architectural Elevations
The subject property is located along the south side of East Atlantic Avenue between Venetian
Drive and Gleason Street.
The subject property contains 2.09 acres and consists of three separate existing developments:
the Atlantic Center Shoppes, located at the southeast corner of Atlantic Avenue and Venetian
Drive; the Huddle Building, located at the southwest corner of East Atlantic Avenue and
Gleason Street; and the Island House Apartments, located 193' south of East Atlantic Avenue
on the west side of Gleason Street. All of the developments comprising the subject property are
zoned Central Business District (CBD).
The City's records regarding the Huddle Building are limited, but indicate that the property was
development in 1952 as four apartments and two retail stores. The Atlantic Center Shoppes
were constructed in 1948, with additions being added later in 1961, 1963 and 1967. The
Shoppes were later remodeled on several occasions during the 1970's. The most recent
modification to the Shoppes was an architectural elevation change associated with a new
restaurant (Michael's Seafood) that was approved by the Site Plan Review and Appearance
Board at its meeting of October 11, 2000. The Island House Apartments were constructed in
1952 and consist of eight units within a two-story building. The most recent land use action
concerning this development was a corrective rezoning from Multiple Family Residential -
Medium Density (RM) to CBD. This rezoning, which the City Commission approved at its
meeting of June 4, 2002, also included the south portion of the Atlantic Center Shoppes
property. A site plan application has been submitted to redevelop the subject property and is
now before the Board for action.
The development proposal consists of the following:
O
O
Demolition of the Atlantic Center Shoppes, Huddle Building and Island House
Apartments as well as their respective parking areas;
Construction of two four-story mixed use buildings. The north building contains
twelve (12) condominiums, 5,450 square feet of restaurant floor area, 10,540
square feet of retail floor area and 18,000 square feet of office floor area. The
south building contains twelve (12) condominiums, 9,080 square feet of retail floor
area and a five level parking garage;
Construction of a "Plaza Drive" connecting Venetian Drive and Gleason Street
through the project and providing access to the parking garage as well as valet
pick-up/drop-off and loading areas;
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 2
Relocation of three on-street parking spaces along Venetian Drive and installation
of a full enclosed, air-conditioned refuse/compactor building on the south side of
the property along with a six foot privacy wall east of the trash compactor; and
o The installation of associated landscaping.
The site plan application also includes a waiver request to the following section of the LDR:
A waiver to reduce the required sight visibility triangles from 20' to 13' (east) and
15' (west) where the "Plaza Drive" intersects the entrance to the parking garage
[LDR Section 4.6.14].
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by the
body taking final action on the site and development application/request.
LDR Section 4.3.4(K) - Development Standards Matrix:
The following table indicates that the proposal either meets or exceeds the requirements of LDR
Sections 4.3.4(K), 4.4.13(F) and 4.4.13(G) (2) as they pertain to this portion of the CBD zoning
district:
Building Setbacks (min. l: -
Standard Provided
Front 5' 10'
Side Street (East) 5' 5'
Side Street (West) 5' 5'
Rear 10' * 10'
Building He{qht: 48' 48'
Open Space: 0% 10.1%
* - The 10' rear building setback is required by LDR Section 4.6.4(A) (1) - Special District Boundary Treatment, and is discussed
below.
LDR Section 4.4.13 - Central Business District:
Density:
Pursuant to LDR Section 4.4.13(B) (4), multiple family dwelling units, excluding duplexes, are
permitted within that portion of the CBD located east of the Intracoastal Waterway up to a
maximum density of twelve dwelling units per acre. The proposed 24~unit mixed use
development represents a density of 11.5 units per acre, thereby meeting this requirement.
Off-Street Parking:
Pursuant to LDR Sections 4.4.13(G) (1) (d) and (e) as well as LDR Sections 4.6.9(C) (3) (a) and
(4) (a), the following parking requirements for residential, restaurant, retail and office uses within
a mixed use building are noted:
Office:
Residential Units
Required Parkinq:
3.5 spaces per 1,000 square feet of floor area.
1.75 spaces per unit, plus guest parking at 0.5 spaces
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 3
(Two or more bedroom units):
Restaurant:
Retail:
for units 1-20 and 0.3 spaces for units 21-50.
6 spaces per 1,000 square feet of floor area.
4.5 spaces per 1,000 square feet of floor area.
The development proposal consists of 24 condominiums, 5,450 square feet of restaurant floor
area, 19,620 square feet of retail floor area and 18,000 square feet of office floor area.
Pursuant to LDR Section 4.6.9(C) (8), when a building or combination of buildings on a unified
site is used for both residential and commercial purposes, and is located within the CBD zoning
district, the minimum number of required parking spaces shall be determined by the following
method:
Weekday: Weekend:
Use: Night Day Evening Day Night
Midnight to 6 A.M. g A,M. to 4 P,M. 6 P.M. to Midnight 9 A.M. to 4 P.M. 6 P.M. to Midnight
Residential 100% 60% 90% 80% 90%
Office 5% 100% 10% 10% 5%
Commercial/Retail 5% 70% 90% 100% 70%
Restaurant 10% 50% 100% 50% 100%
Based upon the above, 200 parking spaces are required and 266 parking spaces are proposed.
It is noted that projects using this methodology and assigning parking spaces to individual
residential or non-residential uses must have those reservation approved by the reviewing
Board. The applicant has indicated that parking spaces will be reserved for the residential uses
at a rate of one parking space per unit. Such a reservation should not have an adverse impact
on the balance of the development as this will only account for 24 of the 266 available spaces.
Thus, it would appear to be appropriate that this reservation is approved.
It is noted that with this development proposal the three existing parallel parking spaces along
the east side of Venetian Drive will be relocated. However, the proposed parallel parking
spaces have a length of only 20', which does not comply with the minimum required length of
22' as per LDR Section 4.6.9. Therefore, it is attached as a condition of approval that the
development plans are revised to provide parallel spaces within the Venetian Drive right-of-way
of 22' in length. Also, parallel parking spaces should be provided within the Gleason Street
right-of-way in manner consistent with those in the Venetian Drive right-of-way, and this is also
attached as a condition of approval.
Additionally, it is noted that there is an existing parking easement agreement between the
subject property and the adjacent First Presbyterian Church. This private agreement allows the
Church access to the subject property for the purposes of parking and pedestrian traffic. While
this development proposal will not impact this private agreement, it is noted that Exhibits "A" and
"C" must be modified to provide an accurate legal description of and point of access to the
subject property.
Minimum Floor Area:
While specific floor plans have not been developed for the five (5) residential unit footprints, the
square footages for these have been provided. Pursuant to LDR Section 4.4.13(H) (3), the
minimum floor area for four-bedroom multiple family dwelling unit is 1,500 square feet. The
units within this development proposal will exceed this requirement as the smallest unit is 2,350
square feet. The maximum unit size is 3,850 square feet.
LDR Article 4.6 - Supplemental District Requlations:
Special District Boundary Treatment:
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 4
Pursuant to LDR Section 4.6.4(A) (1), where the rear or side of a commercially zoned property
directly abuts residentially zoned property without any division or separation between them,
such as a street, alley, railroad, waterway, park or other public open space, the commercially
zoned property shall provide a 10' building setback from the property line located adjacent to the
residentially zoned property. In addition, either a solid finished masonry wall six feet in height or
a continuous hedge at least 4.5' in height at the time of installation shall be located inside and
adjacent to the portion of the boundary line of the commercially zoned property that directly
abuts the residentially zoned property.
The west half of the south property line of the subject property directly abuts residentially zoned
(RM) property, known as Venetian Village. The proposed landscape plan depicts the
installation of a Red Tip Cocoplum hedge along this property line; however, the hedge is only
proposed to be three feet (3') in height at the time of installation, which does not meet the above
requirements. Therefore, it is attached as a condition of approval that the Red Tip Cocoplum
hedge is at least 4.5' in height at the time of installation. It is noted that a substantial landscape
buffer has been provided in addition to the aforementioned hedge consisting of 16' - 20' tall
Washingtonia Palms, 16' tall Fishtail Palms, 10' tall Japanese Fern trees and 8' tall White Bird of
Paradise underplantings. It is also noted, that the residentially zoned property to the south has
a six foot (6') high Ficus hedge along with mature Black Olive trees planted every 40' on their
side of the property line adjacent to the subject property, which will help provide a substantial
buffer.
Restrictions on Outside Usage:
Pursuant to LDR Section 4.6.6(C) (1), dumpster, recycling containers and similar service areas
must be enclosed on three sides and have vision obscuring gates on the fourth side, unless
such areas are not visible from any adjacent public right-of-way. The site plan indicates that will
be handled via a trash compactor located at the south end of the property. The compactor will
be located within an enclosed/air-conditioned building with an odor control system. Trash will
be brought to the compactor via on-site staff from various trash receptacles located throughout
the buildings. The trash receptacles are connected to the upper floors via trash chutes. It is
noted that while they are proposed, trash receptacles have not been depicted within the south
building. Also, the refuse building must be revised to accommodate dumpsters or other
container for recyclable materials. The above items have been attached as conditions of
approval.
It is noted that there has been a concern as to the trash compactor being utilized in the evening
hours, specifically with regard to the restaurant use, due to its proximity to residentially zoned
property. The applicant has noted that the garbage for the restaurant (and all other uses) will be
collected in the aforementioned trash receptacles and then brought to the compactor by the on-
site staff during daylight hours. There will be no use of the compactor dudng the evening hours.
The above items have been attached as conditions of approval.
Lighting:
Pursuant to LDR Section 4.6.8, lighting is required for new development proposals. A
photometric plan has been provided to ensure compliance with LDR Section 4.6.8. However,
the photometric plan does not comply with uniform illumination levels as per LDR Section
4.6.8(B) (3) (c). Also, while the photometric plan was provided, the site plan, landscape plan
and architectural elevations do not depict the locations of the proposed fixtures. Further,
illumination levels within the parking garage and for the top parking deck have not been
provided and must be included on the photometric plan. Therefore, it is attached as conditions
of approval that the photometric plan is revised to comply with LDR Section 4.6.8(B) (3) (c); the
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Amhitectural Elevations for Atlantic Place
Page 5
site plan, landscape plan and architectural elevations are revised to depict the locations of all
light fixtures; and that illumination levels are provided for the interior of the parking garage and
the top parking deck of the parking garage.
There are four proposed light fixture types for the development. Two of the fixtures types are
wall mounted, while the other two are Iouvered fixtures that are recessed within the walls. All of
the proposed fixtures are of modern design and the greatest proposed height of the fixtures is
22', which meet with the requirements of LDR Section 4.6.8(A) (1).
In addition to the above, there is a concern with the proposed lights on the south side of the
south building/parking garage and their compatibility with the adjacent residential development.
It is recommended and attached as a condition of approval that the fixtures located adjacent to
the refuse building and driveway are eliminated and replaced with a single pole mounted light to
be located along the south side of the driveway with the light directed towards the interior of the
subject property. Also, the balance of the lighting along the south side of the property should be
reduced in number and/or intensity so as to act only as security lighting and this is attached as a
condition of approval. Further, there is a concern regarding light spillage from the garage onto
the adjacent south property from the headlights of the vehicles within the parking garage. As
such it is suggested and attached as a condition of approval that a three foot (3') high screen or
wall is provided at the front of the parking spaces to adequately ensure that the headlights are
obscured from the exterior of the building.
Visibility at Intersections:
Pursuant to LDR Section 4.6.14(A) (1), sight visibility triangles shall consist of both sides of an
accessway formed by the intersection of each side of the accessway and the public right-of-
way, with two sides of each triangle being 20' in length from the point of intersection and the
third being a line connecting the ends of the other two sides. While these sight visibility
requirements have been met at the intersections formed by the "Plaza Drive" and Venetian
Drive and Gleason Street, respectively; the sight visibility triangles at the entrance to the parking
garage are only 13' (east) and 15' (west) in length. As such, the applicant has requested a
waiver to this section of the Land Development Regulations, which is discussed below.
Waiver Analysis:
Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make
a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or
(d) Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or
owner.
From the drivers' position in the vehicle, the actual sight visibility triangle is 20' in both
directions. Given this condition, the reduction of the sight visibility triangles from 20' to 13'
(east) and 15' (west) for the intersection the "Plaza Drive" and the entrance to the parking
garage is appropriate. Granting the requested waiver will not have an adverse affect on the
neighboring area, or diminish the provision of public facilities. Given the conditions under which
this waiver is being requested it is reasonable to believe that the waiver would be granted
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 6
elsewhere under similar circumstances. Consequently, a positive finding with respect to LDR
Section 2.4.7(B) (5) can be made.
OTHERISSUES:
Right-of-Way Dedication:
Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive
Plan, the ultimate right-of-way width for Gleason Street is 60'. Currently only 40' of right-of-way
exists for Gleason Street. For existing streets, the City Engineer upon a favorable
recommendation from the Development Management Services Group (DSMG) may grant
reductions in right-of-way width. The City Engineer and DSMG have reviewed the request for a
reduction in right-of-way width and have determined that a reduction in right-of-way width to 50'
would be sufficient for Gleason Street. Based upon the above, a dedication of five feet (5') of
right-of-way would be required and has been depicted on the proposed development plans. It is
attached as a condition of approval that a right-of-way is dedicated as part of the associated plat
for the development.
Plat:
A plat will be required to combine the parcels of land that make up the subject property and to
dedicate any/all required easements and the additional Gleason Street right-of-way. The
recordation of a plat prior to the issuance of a building permit is attached as a condition of
approval. It is noted that a twelve foot (12') utility easement will be required over the water and
sewer mains.
Sidewalks:
Pursuant to LDR Section 6.1.3(B) (2), sidewalks shall be constructed within the street right-of-
way and shall be constructed adjacent to the right-of-way line. It is noted that the development
proposal depicts the construction of the sidewalk along Gleason Street within the existing right-
of-way where it should be located within that portion of the property to be dedicated as Gleason
Street right-of-way. It is attached as a condition of approval that the sidewalk is relocated
according to the requirements of LDR Section 6.1.3(B) (2). The proposal does include the
installation of herringbone pattern paver sidewalks along both Gleason Street and Venetian
Drive, which will be consistent with the existing sidewalks along East Atlantic Avenue.
Site Plan and En.qineerinq Technical Items: While revised plans have accommodated
most of staff's concerns, the following items remain outstanding and will need to be
addressed prior to building permit submittal:
Pursuant to LDR Section 4.6.9(D) (4) (b), wheel stops shall be provided for all
parking, other than parallel, in the form of concrete wheel stops located so that there
is two feet (2') from the front edge of the device to the front of the parking space.
The parking spaces in the parking garage do not have wheel stops provided;
2. Relocate the crosswalk outside of the valet pick-up/drop-off areas;
3. Provide a detail for the proposed fountains;
4. Provide the hours of operation for the proposed restaurant. If the restaurant is to be
open later than 12:00 midnight, conditional use approval will be necessary;
5. The roof plan (sheet A-3) is scaled incorrectly. The correct scale is 1"=20';
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 7
6. The balconies encroach four feet (4') into the building setback area, whereas they
are only allowed to encroach three feet (3');
7. Provide copies of FDOT and Health Department (water and sewer) permits;
8. Show existing grades on Section A 1-1 on Atlantic Avenue;
9. Provide certified exfiltration trench test results;
10. Indicate rim and invert of upstream and downstream manholes of proposed sewer
laterals;
11. Provide inverts of proposed sewer manholes; and
12. A certified engineer's estimate is required for water and sewer improvements. Also,
a 110% surety, 2% engineering inspection fees and a Financial Guarantee and
Agreement for Completion of Required Improvements will be required.
The landscape areas along the east and west foundations of the proposed buildings (facing
Gleason Street and Venetian Drive, respectively) will be planted with Medjool Palms and
Ligustrum trees. The foundation planting areas will also include underplantings consisting of
Ixora, Trinette, Red Tip Cocoplum, Green Island Ficus, Red Ti Plant, Purple Crinum Lily, Wart
Fern, Coontie, Indian Hawthorne and Ginger. As discussed previously, the planting areas along
Gleason Street will need to be modified to accommodate the installation of the sidewalk within
the Gleason Street right-of-way area to be dedicated. The north perimeter of the development,
which abuts East Atlantic Avenue, will be planted with Medjool Palms, Royal Palms and
Ligustrum trees. Underplantings will consist of Asparagus Fern, Indian Hawthorne, Coontie,
Red Ti Plant and Pentas. The south perimeter abutting the residentially zoned properties will
consist of Washingtonia Palms, Fishtail Palms and Japanese Fern trees with underplantings of
White Bird of Paradise and Red Tip Cocoplum hedge. The south perimeter abutting the First
Presbyterian Chumh parking lot will consist of Washingtonia Palms, Live Oak trees and
Japanese Fern trees as well as underplantings of White Bird of Paradise, Myrsine, Thyrallis and
Ficus hedge. The interior drive aisle or "Plaza Drive," will be planted with Live Oak trees (at the
entrance only), Hibiscus trees and Royal Palms. Underplantings within this area will consist of
Ginger, Purple Crinum Lily, Coontie, Trinette and Green Island Ficus.
It is noted that the locations of the water meters and mechanical equipment associated with this
development proposal are indicated on the relevant plans and are not in direct conflict with any
of the proposed landscape materials. However, the service laterals connecting the water
meters to the water main does run beneath landscape areas on the north side of the "Plaza
Drive" entrances. The landscape materials in this area are required and should not be
eliminated based upon the locations of the service laterals. It is attached as a condition of
approval that adequate spacing is provided between the underground utilities to accommodate
all landscape materials and that the final locations of all mechanical equipment (i.e. FPL,
BellSouth, Cable, etc.) are indicated on the plans.
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 8
LDR Section 4.6.18(B) (14) - Criteria for Board Action: The following criteria shall be
considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for
building permits. If the following criteria are not met, the application shall be disapproved:
(a)
{b)
(c)
The plan or the proposed structure is in conformity with good taste, good design, and
in general contributes to the image of the City as a place of beauty, spaciousness,
harmony, taste, fitness, broad vistas, and high quality.
The proposed structure, or project, is in its exterior design and appearance of quality
such as not to cause the nature of the local environment or evolving environment to
materially depreciate in appearance and value.
The proposed structure, or project, is in harmony with the proposed developments in
the general area, with the Comprehensive Plan, and with the supplemental criteria
which may be set forth for the Board from time to time.
The proposed mixed use buildings are of similar design and reflective of a Vernacular
architectural style with Mediterranean influences. The structures will be of concrete block
construction with a stucco finish and mansard roof comprised of terra cotta concrete barrel tiles
with decorative outriggers. The ground floor elevations consist of a colonnade accented by
decorative Art Deco style entries, archways, decorative wrought-iron gates and gold/black/sage
vertically striped awnings. Behind the colonnade will be the actual storefronts of the commercial
use bays, which will have a four-over-two window design similar to residentially characterized
windows. The ground floor will be clad in Florida Coral Stone with horizontal scoring and
capped with a white stucco band separating the ground and second floors.
The second, third and fourth floors of the buildings are each of similar design. The windows for
these levels will all be two-over-two fixed windows; however there are varying exterior
treatments, such as: decorative arched headers, flower boxes and partial stucco surrounds.
Two styles of balconies are also proposed with variations in decorative brackets and arches. A
decorative stucco band will be applied at window sill height along the fourth floor elevations.
The second, third and fourth floor walls will be finished in stucco and painted off-white (Navajo
White). The fascia, balcony railings and doors will be finished in burnished walnut. The
windows and Art Deco entry features will be painted pale green (Willow Green).
The massing of the buildings has been addressed by providing variations within the vertical
planes of the buildings. Additionally, the fourth floor of the north building has been stepped
back eight feet (8') from the building face resulting in an 18' foot setback from East Atlantic
Avenue to provide further reduction in the massing of the structure.
Parking Garage:
The architectural elevations associated with that portion of the south building that comprises the
parking garage are consistent with the architecture found on the balance of the buildings. All of
the openings within the garage will consist of a black wire mesh. The ground level openings will
be treated with stucco banding along the top and a gold/black/sage vertically striped awning.
The upper levels will have a stucco sill and a decorative column (Florida Coral Stone) within the
center of the opening. Decorative brackets will be used on the top level to maintain consistency
with the adjoining residential elevations. As discussed under the lighting analysis section of this
report, additional treatments may be necessary to prevent glare spillover from the garage
lighting as well as vehicle headlights.
Refuse Building:
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 9
The refuse building will have a terra cotta concrete barrel tile roof with decorative outriggers to
match the mixed use buildings. The building will be of concrete block construction and will be
finished with stucco and painted off-white (Navajo White). The front elevation (facing Venetian
Drive/west) will consist primarily of an overhead door, which will be used only by waste disposal
vehicles. A pair of double doors will be installed on the rear (east) elevation and will be finished
in a burnished walnut to match the other doors in the development. Employees will utilize the
rear doors.
Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, 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 following areas:
LDR Section 3.1.1 (A) - Future Land Use Map:
The subject property has a Future Land Use Map designation of Commercial Core (CC), and is
zoned Central Business District (CBD). Pursuant to LDR Section 4.4.13(B) (4), within the CBD
zoning district multiple family structures located east of the Intracoastal Waterway with a
maximum density of 12 units per acre are allowed as a permitted use. The proposed density is
11.5 units per acre. Based upon the above, it is appropriate to make a positive finding with
respect to consistency with the Future Land Use Map designation.
LDR Section 3.1 .I(B) - Concurrency:
As described in Appendix A, a positive finding of concurrency can be made as it relates to
water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste.
LDR Section 3.1.1(C) - Consistency (Standards for Site Plan Actions):
As described in Appendix B, a positive finding of consistency can be made as it relates to
Standards for Site Plan Actions.
LDR Section 3.1.1(D) - Compliance with the Land Development Regulations:
As described under the Site Plan Analysis section of this report, a positive finding of compliance
with the LDR can be made, when all outstanding items attached as conditions of approval are
addressed.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives or policies are noted:
Future Land Use Element Objective A-l: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent land
uses, and fulfills remaining land use needs.
The subject property presently exists as a mixture of commercial (office, retail and restaurant)
and residential uses, although not within the same structures. The proposed mixed use
development (11.5 dwelling units per acre) is less intense than the 12 dwelling units per acre
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 10
allowed within this portion of the CBD zoning district and many of the existing commercial uses
will be relocated within the new commercial areas of the development. There are no special
physical or environmental characteristics of the land that would be negatively impacted by the
proposed mixed use development. The Housing Element of the Comprehensive Plan calls for
the provision of infill housing in the downtown which this development will help to fulfill.
Future Land Use Element Policy C-4.2: The "Downtown De/ray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covedng the downtown business districts
surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens'
vision for the growth and unification of Delray Beach, while still retaining the 'Village like,
community by-the-sea" character of the CBD. The Plan addresses a wide range of issues
including infill development, neighborhood parks, shared parking, public art, the roadway and
alleyway systems, marketing/economic development, and the need to modify the Land
Development Regulations to include design guidelines to retain the character of Delray Beach.
Future development and redevelopment in this area shall be consistent with the Master Plan.
The Downtown Delray Beach Master Plan provides a redevelopment scenario for the subject
property. The Master Plan indicates that the Atlantic Center Shoppes could be redesigned with
a new building fronting on East Atlantic Avenue in place of the existing parking area and a
structured parking garage constructed behind (south of) this new building. The development
proposal currently before the Board is consistent with this redevelopment scenario and with the
subject Comprehensive Policy.
Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all
new development and redevelopment. Particular emphasis is to be placed on development
within the TCEA Area.
The subject property is located within the TCEA (Traffic Concurrency Exception Area) and the
applicant has provided a bicycle rack at the southeast corner of the north building (adjacent to
Gleason Street). It is noted, however, that an additional bicycle rack should also be provided on
the west side of the property adjacent to Venetian Drive (either the southwest corner of the
north building or the northwest corner of the south building) and is attached as a condition of
approval.
Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving
children from toddlers to teens, shall be a feature of afl new housing developments as part of
the design to accommodate households having a range of ages. This requirement may be
waived or modified for residential developments located in the downtown area, and for infill
projects having fewer than 25 units.
The proposed development does not provide any recreational amenities serving children from
toddlers to teens as it contains only 24 units. It is unlikely that the proposed mixed use
development will be conducive to attracting families. Therefore, it is reasonable to waive this
requirement. It is noted that the proposed development is located approximately midway
between the public beach and Veterans Park. Thus, there are other recreational options in the
immediate area.
Housing Policy A-IZ3: In evaluating proposals for new development or redevelopment, the
City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns
shall be reviewed in terms of their potential to negatively impact the safety, habitability and
stability of residential areas. If it is determined that a proposed development will result in a
degradation of any neighborhood, the project shall be modified accordingly or denied.
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 11
The subject property is located in the commercial core of the City and bordered on a portion of
its south property line by a residential development (Venetian Village). The development
proposal includes the construction of a parking garage and a refuse building to the rear of the
development adjacent to the existing residential development. However, the proposal does not
provide access to the parking garage along the south property line and the parking garage has
been designed in such a manner that its appearance is consistent with the commercial and
residential portion of the development. The openings within the parking garage are required to
allow for the dispersal of exhaust from the structure. However, additional elements are
necessary to ensure the glare from the parking garage lighting and vehicle headlights do not
spill over onto adjacent properties. The refuse disposal facility consists of a trash compactor
located within a fully enclosed and air-conditioned structure with an odor control system. It is
noted that while this is of good design quality, the enclosure should also be provided with
soundproofing to limit noise that could possibly affect the adjoining residential property to the
greatest extent possible, and this is attached as a condition of approval.
In addition to the above design features for the parking garage and refuse disposal facility, a
substantial landscape buffer is proposed along the south property line consisting of 16'-20' high
Washingtonia Palms, 16' high Fishtail Palms, 18' high Live Oak trees, 10' high Japanese Fern
trees, 8' high White Bird of Paradise, 8' high Myrsine and a 6' high Ficus hedge. It is further
noted that a parking and refuse area for the adjacent residential property is located along this
property line. The nearest residential building is approximately 70' from the property line, 80'
from the proposed refuse area and 104' from the parking garage.
With regard to traffic, based upon the existing development on the property and the proposed
development an additional 127 average daily trips over and above the current trips will be
generated. Most of the vehicles will access the development from East Atlantic Avenue, which
has signalized intersections with both Venetian Drive and Gleason Street. The parking garage
is accessed from an internal driveway. Thus, there are no concerns with respect to traffic
volumes and circulation patterns negatively impacting the adjacent residential area. Further, the
redevelopment will not result in noise, odor, dust and traffic volumes that would have a negative
impact the safety, habitability and stability of adjacent residential areas. It is noted that a
revised traffic study must be submitted to address peak hour traffic generation. It may be
necessary, based upon the revised study, for improvements to be provided within the adjoining
rig hts-of-way.
Housing Element Objective B-2: Redevelopment and the development of new land shall result
in the provision of a variety of housing types which shall continue to accommodate the diverse
makeup of the City's demographic profile, and meet the housing needs identified in this
Element. Policies, which will implement this objective, include:
Housing Element Policy B-2.2: The development of new adult oriented communities within the
City is discouraged. New housing developments shall be designed to accommodate
households having a range of ages, especially families with children, and shall be required to
provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens.
This requirement may be waived or modified for residential development located in the
downtown area, and for infill projects having fewer than 25 units.
This project will not be excluded to occupancy by adults only. However, it is acknowledged that
downtown dwellings are not typically occupied by households with children. This development
will primarily accommodate middle-age professionals and/or high income families; however, the
development does contain three-bedroom units, which can accommodate small families. As
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 12
allowed by this policy, it is appropriate that this project not be required to provide four-bedroom
units.
Housing Element Policy B-2.6: Housing in and near the downtown area, in close proximity to
employment opportunities and services, is a critical need. In order to help stimulate demand for
new housing in and around the Central Business District, the development of new rental
housing projects outside of the TCEA and North Federal Highway area is discouraged.
The development proposal complies with this policy as it provides the desired type of residential
development within the CBD.
Coastal Management Objective C-3: The development of vacant and under-developed land
on the barrier island shall occur in a manner which does not change the character, intensity of
use, or demand upon the existing infrastructure in the Coastal Planning Area, as dictated in the
following policy:
Coastal Management Policy C-3.1: Remaining, isolated infill lots shall be developed under
zoning which is identical or similar to the zoning of adjacent properties; and the resulting
development shall be of a design and intensity which is similar to the adjacent development.
The maximum allowable residential density within that portion of the Central Business District
(CBD) lying east of the Intracoastal Waterway is twelve (12) units per acre. The maximum
allowable density within the Multiple Family Residential - Medium Density (RM) zoning district is
also twelve (12) units per acre. The subject development proposes a density of 11.5 units per
acre. This density is not only similar to the surrounding area, but is actually less than that of the
adjoining development to the south (Venetian Village), which has a density of 12.96 acres.
Based upon the above, the development proposal complies with the requirements of this policy.
LDR Section 2.4.5(F) (5) - Compatibility (Site Plan Findin.qs): The approving body must
make a finding that development of the property pursuant to the site plan will be
compatible and harmonious with adjacent and nearby properties and the City as a whole,
so as not to cause substantial depreciation of property values.
The subject property is bordered on the north, east and west sides by CBD zoning and on the
south side by Multiple Family Residential - Medium Density (RM) and Community Facilities
(CF) zoning. The surrounding land uses include a mixture of commercial and residential uses.
As discussed earlier in this report, the need for infill housing in and around the downtown area is
a goal of the City. The sustainability of the downtown area relies on housing units that will
patronize area businesses and in turn contribute to the long term revitalization of the downtown.
Compatibility is not a concern, as similar uses exist on the surrounding properties and this
mixed use development should enhance commercial rents and property values in the area.
This development proposal will have a similar residential density as the adjacent surrounding
condominium developments and is consistent with what was envisioned for the subject property
in the Downtown Delray Beach Master Plan.
As previously stated with regard to the residential development to the south, the refuse building
and parking garage will be 80' and 104', respectively from the nearest residential building. Also,
16'-20' high Washingtonia Palms, 16' high Fishtail Palms and 18' high Live Oak trees will be
planted along the south property line in addition to the existing six foot (6') high Ficus hedge and
mature Black Olive trees on the north side of the abutting condominium development. Each of
these materials exceeds the 12' minimum required height and will provide an immediate buffer
for the residences. It is noted that there are several conditions regarding the lighting of the
subject property, specifically the provision of photometrics pertaining to the interior of the
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 13
parking garage and modifications to ensure lighting is contained on site. These conditions, as
well as the provision of soundproofing within the refuse building are of primary importance with
regard to ensuring compatibility with adjacent and nearby properties.
The development proposal is located in an area, which requires review by the Community
Redevelopment Agency (CRA).
Community Redevelopment Agency:
At its meeting of August 28, 2003 the CRA recommended approval of the development
proposal, subject to the applicant addressing the CRA and City staff comments (conditions of
approval).
Courtesy Notices:
Courtesy notices have been sent to the following homeowner's and civic associations:
0
0
0
0
Barr Harbor o
Barr Terrace o
Beach Property Owner's Association o
Miramar Garden Apartments
Progressive Residents of Delray
Presidents Council
Via Marina
Several letters regarding this proposal have been received and have been attached. Any
additional letters of objection or support, if any, will be presented at the Site Plan Review and
Appearance Board meeting.
The development proposal is to construct two four-story mixed use buildings containing 24
residential condominiums, 19,620 square feet of retail floor area, 18,000 square feet of office
floor area and 5,450 square feet of restaurant floor area as well as a five-level parking garage.
The addition of households in the downtown area will help in the long term revitalization of the
CBD. The development should have a positive impact on the adjacent residential and
commercial uses and will be an enhancement to the area. The proposed use and development
will be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land
Development Regulations provided the attached conditions of approval are addressed. Positive
findings can also be made with respect to LDR Section 2.4.5(F) (5) regarding compatibility of
the proposed use with surrounding properties. As noted in the report, additional elements will
need to be provided to ensure compatibility with the adjoining and nearby properties, such as:
soundproofing for the refuse building and revised photometric plans. The proposed
development will be an aesthetic and economic asset to the downtown area, with respect to
meeting the City's goal of providing additional residential units to the area.
A. Continue with direction.
B. Approve the waiver request, Class V site plan, landscape plan and architectural elevations
for Atlantic Place, based upon positive findings with respect to Chapter 3 and Sections
2.4.5(F) (5) and 2.4.7(B) (5) of the Land Development Regulations, and the objectives and
policies of the Comprehensive Plan, subject to the attached conditions of approval.
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 14
C. Deny the waiver request, Class V site plan, landscape plan and architectural elevations for
Atlantic Place, based upon a failure to make positive findings with regard to Chapter 3 and
Sections 2.4.5(F) (5) and 2.4.7(B) (5) of the Land Development Regulations, and the
objectives and policies of the Comprehensive Plan.
By Separate Motions:
Waiver Request:
Approve the waiver request to LDR Section 4.6.14 to reduce the required sight visibility triangles
from 20' to 13' (east) and 15' (west) at the intemection of the "Plaza Drive" and the entrance to
the parking garage, based upon positive findings with respect to LDR Section 2.4.7(B) (5).
Site Plan:
Approve the Class V site plan for Atlantic Place, based upon positive findings with respect to
Chapter 3 and Section 2.4.5(F) (6) of the Land Development Regulations, and the objectives
and policies of the Comprehensive Plan, subject to the following conditions:
1. That revised plans are submitted addressing the Site and Engineering Plan
Technical Items as indicated in the staff report, and the listed conditions;
2. That the development plans are revised to provide parallel spaces within the
Venetian Drive right-of-way of 22' in length;
3. That parallel parking spaces are provided within the Gleason Street right-of-way in a
manner consistent with those in the Venetian Drive right-of-way;
4. That the trash receptacles within the south building are depicted on the site plan;
5. That the refuse building is modified to accommodate a dumpster or other container
for recyclable materials;
That the garbage for the restaurant (and all other uses) is collected in the local trash
receptacles then brought to the compactor by the on-site staff during daylight hours
and that there is no use of the compactor during the evening hours;
That the photometric plan is revised to comply with LDR Section 4.6.8(B) (3) (c);
That the site plan, landscape plan and architectural elevations are revised to depict
the locations of all light fixtures;
9. That illumination levels (photometric plan) are provided for the interior of the parking
garage and the top parking deck of the parking garage;
10. That the fixtures located adjacent to the refuse building and driveway are eliminated
and replaced with a single pole mounted light to be located along the south side of
the driveway with the light directed towards the interior of the subject prepedy and
that the balance of the lighting along the south side of the property is reduced in
number and/or intensity so as to act only as security lighting;
Site Plan Review and Appearance Board Staff Report
Class V Site Plan, Landscape Plan and Architectural Elevations for Atlantic Place
Page 15
1 1. That a three foot (3') high screen or wall is provided along the interior of the parking
garage at the front of the parking spaces to adequately ensure that the headlights of
parked vehicles are obscured from the exterior of the building;
12. That a plat for the subject development is recorded prior to the issuance of a building
permit and that an additional five feet (5') of right-of-way is dedicated for Gleason
Street as part of the plat;
13. That the sidewalk is constructed within the Gleason Street right-of-way pursuant to
the requirements of LDR Section 6.1.3;
14. That the refuse enclosure is provided with soundproofing;
15. That an additional bicycle rack is provided at either the southwest corner of the north
building or the northwest corner of the south building; and
16. That a revised traffic study is provided along with the associated recommended
improvements.
Landscape Plan:
Approve the landscape plan for Atlantic Place, based upon positive findings with respect to
Land Development Regulations Section 4.6.16, subject to the following conditions:
1. That revised plans are submitted addressing the Landscape Plan Technical Items as
indicated in the staff report, and the listed conditions;
That the Red Tip Cocoplum hedge proposed along the south property line is at least
4.5' in height at the time of installation; and
That adequate spacing is provided between all underground utilities to accommodate
all landscape materials and that the final locations of all mechanical equipment (i.e.
FPL, BellSouth, Cable, etc.) are indicated on the plans.
Architectural Elevations:
Approve the architectural elevations for Atlantic Place, based upon positive findings with respect
to LDR Section 4.6.18(B) (14)
Attachments: Appendix 'A"; Appendix "B~,· Site Plan; Landscape Plan; Architectural Elevations; and Letters from the Public
Staff Repotf Prepared by: Robert G. Tefft, Planner
Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land
Use Element of the Comprehensive Plan, must be met and a determination made that the public
facility needs of the requested land use and/or development application will not exceed the ability
of the City to fund and provide, or to require the provision of, needed capital improvements for the
following areas:
Water and Sewer: Water service will be provided via the construction of a new 10" water main within the
proposed "Plaza Drive." The new water main will connect to existing 8" water mains located within
Venetian Drive and Gleason Street. Service laterals will then be taken from the new 10" water main.
Sewer service will be provided via the extension of the existing 8" sanitary sewer main located within
Gleason Street. Service laterals will than be extended from this new sanitary sewer main. Fire protection
will be provided via the installation of fire hydrants at southwest corner of the property along Venetian
Drive and along the south side of the "Plaza Drive" slightly to the east of the entrance to the parking
garage. There are two existing fire hydrants located off-site but adjacent to the subject property - at the
southwest corner of East Atlantic Avenue and Gleason Street and the northeast corner of East Atlantic
Avenue and Seabreeze Avenue (directly north of the subject property). The Comprehensive Plan states
that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out
population based on the current FLUM. The development proposal will have an insignificant impact on all
public services. Thus, a positive finding with respect to this level of service standard can be made.
Streets and Traffic: The subject property is located within the City's Transportation Concurrency
Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue
Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach
County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for
concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the
TCEA and for calculation of traffic impact fees. The applicant has submitted a traffic study, which
indicates that the proposed development will generate 127 Average Daily Trips (ADT). It is noted that a
revised traffic study must be submitted to address peak hour traffic generation. Pt may be necessary,
based upon the revised study, for improvements to be provided within the adjoining rights-of-way.
Parks and Recreation Facilities: The proposed 24 residential units will not have a significant impact
with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section
5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit
for each unit. A total fee of $12,000 will be required of this development for parks and recreation
purposes.
Solid Waste: The proposed 24 residential units will generate 12.48 tons of solid waste per year (24 units
x 0.52 tons = 12.48 tons). The 5,450 square feet of restaurant floor area will generate 67.8 tons of solid
waste per year (5,450 sq. ft. x 24.9 lbs. = 135,705 lbs./2,000 = 67.8 tons). The 19,620 square feet of
retail floor area will generate 100 tons of solid waste per year (19,620 sq. ft. x 10.2 lbs. = 200,124
lbs./2,000 = 100 tons). The 18,000 square feet of office floor area will generate 48.6 tons of solid waste
per year (18,000 sq. ft. x 5.4 lbs. = 97,200 lbs./2,000 = 48.6 tons). Based upon the above a total of
228.88 tons of solid waste will be generated each year by the proposed development. The Solid Waste
Authority has indicated that its facilities have sufficient capacity to handle all development proposals till
the year 2021.
Drainage: Drainage will be accommodated on site via an exfiltration trench system having outflow to the
City's drainage system within Venetian Drive. There should be no impact on drainage as it relates to this
level of service standard.
Schools: The Palm Beach County School District has approved the development proposal for
compliance with the adopted Level of Service for School Concurrency.
A. Building design, landscaping, and lighting (glare) shall be such that they do not create
unwarranted distractions or blockage of visibility as it pertains to traffic circulation.
Not applicable
Meets intent of standard
Does not meet intent
X - As discussed previously, the photometric plan does not comply
with the uniform illumination levels required by LDR Section 4.6.8, and
compliance has been attached as a condition of approval. Once this
condition is addressed, this standard will be met.
Separation of different forms of transportation shaft be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-l and D-2 of the Transportation Element.
Not applicable
Meets intent of standard
Does not meet intent
X
Open space enhancements as described in Policies found under Objective B-I of the Open
Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shaft evaluate the effect that any street widening or traffic circulation modification may
have upon an existing neighborhood. If it is determined that the widening or modification will
be detrimental and result in a degradation of the neighborhood, the project shaft not be
permitted.
Not applicable
Meets intent of standard
Does not meet intent
X
E. Development of vacant land which is zoned for residential purposes shaft be planned in a
manner which is consistent with adjacent development regardless of zoning designations.
Not applicable X
Meets intent of standard
Does not meet intent
Vacant property shaft be developed in a manner so that the future use and intensity are
appropriate in terms of soil, topographic, and other applicable physical considerations;
complementary to adjacent land uses; and fulfills remaining land use needs.
Not applicable X
Meets intent of standard
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a variety of
housing types which shaft continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in the Housing Element. This shaft
be accomplished through the implementation of policies under Objective B-2 of the Housing
Element.
Not applicable
Meets intent of standard
Does not meet intent
X
Appendix "B"
Standards for Site Plan Actions
Page 2
H. The City shaft consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns
shaft be reviewed in terms of their potential to negatively impact the safety, habitability and
stability of residential areas. If it is determined that a proposed development will result in a
degradation of any neighborhood, the project shaft be modified accordingly or denied.
Not applicable
Meets intent of standard
Does not meet intent
X - Provided the conditions of approval are met as they
pertain to soundproofing the refuse building and adjusting the
lighting along the south side of the property.
I. Development shall not be approved if traffic associated with such development would create a
new high accident location, or exacerbate an existing situation causing it to become a high
accident location, without such development taking actions to remedy the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shaft be a feature of aft
new housing developments as part of the design to accommodate households having a range
of ages. This requirement may be waived or modified for residential developments located in
the downtown area, and for infill projects having fewer than 25 units.
Not applicable
Meets intent of standard
Does not meet intent
X
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Pape, Sco
From:
Sent:
To:
Subject:
Tran, Nguyen
Monday, September 15, 2003 8:33 AM
Pape, Scott
FW: Public Parking Garage
Scott,
I believe this email is for you.
..... Original Message .....
From: The DelVecchios [mailto:kenbarbl@opt0nline.net]
Sent: Saturday, September 13, 2003 9:56 AM
To: pzmail~ydelraybeach.com
Subject: Public Parking Garage
NY Address
Ken DelVecchio
8Wedgewood Drive
Dix Hills, NY
Florida Address
75 Venetian Drive
Delray, F1 33483
Putting a four story parking garage (about as industrial as a structure gets), in the
middle of a beach town, on one of the most charming streets in all of Florida is so ill
conceived that only one conclusion may be drawn. There must be someone who is driving this
deal for serious parochial gain. This individual or group, is destroying a treasure and
could care less about the beautiful, peaceful town of Delray. What is clearly the~focus is
the additional West Palm Beach and Boca Raton money that they will be able to shove into
there pockets as a result of building a four story parking garage. Unbelievable. This kind
of "me first, let the public be damned," is exactly what our local representation should
be fighting with all its power. This whole concept will have far reaching negative effects
on the town of Delray, there can be no other conclusion drawn.. Please stop this effort
NOW, or Delray will be ruined forever. ~'~
---Original Message- ....
From: ELENI317@aol.com [mailto:ELENI317@aol.com]
Sent: Tuesday, September 16, 2003 3:13 PM
To: pzmail@mydelraybeach.com
Subject: comments on AUantic Place
To Mr. Robe~ Tefft,
This email is in response to the Atlantic Place project that is proposed between Venetian Drive
and Gleason Street in Delray Beach.
As a resident of Venetian Village (75 Venetian Drive) I am stric0y opposed to any new
development in this area. As my condo windows face directly towards Venetian Ddve, I Can tell
you that the traffic has increased significantly in the last two years since I have lived there. With-
the projected proposal of these two buildings and the parking garage, the traffic will become a
nightmare in this small community.
The one thing that attracted us to Delray Beach was the quiet, small beach town atmosphere that
it offered. With the increasing development of large projects, near the beach, that atmosphere will
turn into a circus with severe traffic congestion. I believe that this will deter tourists and residents
alike from enjoying Delray Beach.
As a resident of Delray Beach, I am vehemently opposed to this project. Please keep Delray
Beach a place with a charming beach atmosphere as opposed to big city development.
Regards,
Eleni and Bob Taylor
75 Venetian Drive
C-7
Delray Beach, Fla. 33483
703-623-7754
Dorlin~h Paul
Sent:
To:
Cc:
Subject:
WMHAYTER@aol. com
Tuesday, September 16, 2003 3:26 PM
pzmail~mydelraybeach.com
mayor~mydelraybeach.com; doding@mydelraybeach.com; jonlevinson@compuserve:com;
tang6141@bellsouth.net; Delraycommish@aol.com
proposed four story buildings & ramp parking garage @atlantic & venetian
Dear Mr. Mayor, City Commissioners and Planning & Zoning director.
I am wriring to you on behalf of the board of directors and residents of
Venetian Village Condo Association, 75 Venetian Dr. Delray_Beach, Florida.
We have seen Delray Beach go from a sleepy hamlet that was going in the
wrong direction, to a thriving little village with the right type of up grades
in construction, paving, lighting etc. we now are seeing some projects being
approved that will not necessarily improve the quality of life that delray's
residents are dearly paying for in huge annual tax increases to the non-florida
residents. While the tax increases are not popular, the lifestyle has
been, and therefore we pay without protesting.
We are not against progress, that is what makes life better in the long
run, however we are very concerned when the progress does not take into
account, the surrounding residents of an up coming project, or the safety concerns
of a residential neighborhood. The two four story buildings and attached
parking garage are of grave concern to the residents living directly south of the
project.
The first item to be addressed is the parking garage, with its unsightly
ramps facing directly at our condo's "C" Building and our north parking area.
The noise, car lights, and traffic increase will create a small nightmare
when the tourist season is on. Exiting an additional 250 vehicles on to Venetian
Dr. with the traffic light on Atlantic ave. being less than 200 feet away,
will create a constant traffic jam, not only for Venetian Dr. but also for the
bridge traffic, and back up on Atlantic Ave. That spot backs up terribly now,
one can only imagine what an additional 250 plus cars a day will do to the
entire surrounding area. Both the ingress and egress are on Venetian Dr. with
nothing on Gleason St. It would seem to me a better plan would be to ingress on
one street and egress on another. The garage itself would be largely improved
if the wall facing south were solid rather ~han an open ramp variety. That
would cut down on car lights shining in our windows and noise would drasticly be
reduced.
Item 2 should address what kind of buffer the residents would get from
the project, there should be large and adequate foliage to separate the current
residential area from the proposed project.
Item 3 Would be the proposal of trash dumpsters on the south end of the
project, why put your foul smelling trash next to a current residential
location? The dumpsters should be contained somewhere With-in the confines of the
two buildings and the garage.
I could go on and on, but I think you get the point. We realize that
the town has a parking shortage in the beach area, but please don't try to solve
that problem at the residents expense, and the overall good of the town for
the future of Delray Beach.
Yours truly,
William M. Hayter
president - Venetian Village
Tefft, Robert
From:
Sent:
1'o:
Subject:
Pape, Scoff
Wednesday, September17,2003 9:59AM
Tefft, Robed
FW:proposedfourstorybuildings &ramp parking garage@atlantic & venetian
..... Original Message .....
From: Tran, Nguyen
Sent: Tuesday, September 16, 2003 4:24 PM
To: Paps, Scott ~_
Subject: FW: proposed four story buildings & ramp parking garage @atlantic & venetian
Scott,
I think this e-mail is for you.
Nguyen
..... Original Message .....
From: WM~AYTER@aol.com [mailto:WMMAYTER@aol.com]
Sent: Tuesday, September 16, 2003 3:26 PM
To: pzmail~mydelraybeach.com
Cc: mayor~mydelraybeach.com; dorling~ydelraybeach.com; jonlevinson@compuserve.com;
lang6141@bellsouth.net; Delraycommish@aol.com
Subject: proposed four story buildings & ramp parking garage @atlantic & venetian
Dear Mr. Mayor, City Commissioners and Planning & Zoning director.
I am wriring to you on behalf of the board of directors and residents of
Venetian Village Condo Association, 75 Venetian Drl Delray Beach, Florida.
We have seen Delray Beach go from a sleepy hamlet that was going in the
wrong direction, to a thriving little village with the right type of up grades
in construction, paving, lighting etc. we now are seeing some projects being
approved that will not necessarily improve the quality of life that delray's
residents are dearly paying for in huge annual tax increases to the non-florida
residents. While the tax increases are not popular, the lifestyle has
been, and therefore we pay without protesting.
We are not against progress, that is what makes life better in the long
run, however we are very concerned when the progress does not take into
account, the surrounding residents of an up coming project, or the safety concerns
of a residential neighborhood. The two four story buildings and attached
parking garage are of grave concern to the residents living directly south of the
project.
The first item to be addressed is the parking garage, with its unsightly
ramps facing directly at our condo's "C" Building and our north parking area.
The noise, car lights, and traffic increase will create a small nightmare
when the tourist season is on. Exiting an additional 250 vehicles on to Venetian
Dr. with the traffic light on Atlantic ave. being less than 200 feet away,
will create a constant traffic jam, not only for Venetian Dr. but also for the
bridge traffic, and back up on Atlantic Ave. That spot backs up terribly now,
one can only imagine what an additional 250 plus cars a day will do to the
entire surrounding area. Both the ingress and egress are on Venetian Dr. with
nothing on Gleason St. It would seem to me a better plan would be to ingress on
one street and egress on another. The garage itself would be largely improved
if the wall facing south were solid rather than an open ramp variety~ That
would cut down on car lights shining in our windows and noise would drasticly be
reduced.
Item 2 should address what kind of buffer the residents would get from
the project, there should be large and adequate foliage to separate the current
residential area from the proposed project.
!
Item 3 would be the proposal of trash dumpsters on the south end of the
project, why put .your foul smelling trash next to a current residential
location? The dumpsters should be contained somewhere with-in the confines of the
two buildings and the garage.
I could go on and on, but I think you get the point. We realize that
the town has a parking shortage in the beach area, but please don't try to solve
that problem at the residents expense,and the overall good of the town for
the future of Delray Beach.
Yours truly,
William M. Hayter
president - Venetian Village
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
t"~ r'-
AGENDA ITEM# '~[~ - REGULAR MEETING OF OCTOBER 7. 20021
WORLDWIDE ENTERTAINMENTs INC.:
OCTOBER 3, 2003
This is before the City Commission requesting authorization for the staff to negotiate an agreement
with Worldwide Entertainment, Inc. for promoting concerts at the Delray Stadium.
Staff recommends that the City Commission authorize staff to negotiate an agreement with
Worldwide Entertainment, Inc.
S:\City Clerk\agenda rnemos\Wofldwide Entettainmem 10.07.03
August l9,2003
RUSSELL L. FORKEY, P.A.
2888 EAST OAKLAND PARK BOULEVARD
FT. LAUDERDALE, FLORIDA 33306
TELEPHONE: (954) 568-4441
FACSIMILE: (954) 568-4180
B~yI~.A. CEIVE~
UG ~ 1 2003
City of Delray Beach
C/O JCD Sports Group
1300 Park of Commerce
Suite 272
Delray Beach, Florida 33445
RE: Worldwide Entertainment
Our file no. 5000-4333
Dear Sir or Madam:
Please be advised that the above-referenced law-firm represents Worldwide Entertainment, Inc.
Worldwide Entertainment (hereinafter referred to as "Producer") is pleased to make the
following proposal for booking live entertainment events at the Delray Beach Tennis Complex,
subject to entering into a more formal agreement.
1. Producer will guarantee the tennis complex five events for the first 12 months from the
execution of a more formal agreement. At the conclusion of said 12-month period, the Producer
shall have the right to extend the terms of the more formal agreement for an additional term of 5
years.
2. There shall be no rent charged for the shows. However, Producer will be responsible for
all costs associated with any of the performances hereunder including ushers, ticket takers,
security, stage hands, cleaning, production, etc.
3. The Producer will have the right to use its own ticketing contract with Ticketmaster, the
City will be entitled to 20 complimentary tickets per show.
4. The Producer shall be entitled to all ancillary income from the production of any of its
events.
5. The Producer will deposit, with the City, a cash bond to be held, by the City, as a security
deposit for any damaged caused to the tennis complex as a result of any events promoted by the
Producer.
6. The Producer will be responsible for providing all necessary and required insurance
coverage for any events that it promotes at the complex.
7. The Producer will have the exclusive during the tem of the more formal agreemem to
book all pop/rock/country/contemporary events. As it relates to any festivals or cultural events
associated with the City, the Producer will assist the City in obtaining talent for the events.
The Producer is generally excited about the possibility of working, with the City, and looks
forward to discussing this opportunity with you in greater detail. Please feel free to contact me
after you have had an opportunity to review this proposal.
Very truly yours,
Russell L. Forkey
RLF/ma
J. P. (Jack) Utsick
Worldwide Entertainment/Jack Uteick Presents
In the 0scads of the lgg0s, it would be difficult to find a concert promoter or tour financier who has risen to as
tmpcea$ive a new levet of activity anti success so quickly -. end in an almost subtle and urmoticed manne~ - - as
veteran concert industry Professionei Jack. Utatck,
At a time when many of the country's most established concert promoters are selling thor businesses to giant
congto~naratse, Utsick has caught ~e attention of many in the industry by successfully bucking that trend, tn doing so,
he has joined the ranks of a now smaller but well established number of In.pendent Promoters.
Utaick started out in the mid 1970s as a concert prorootion force in the northeast. Pert of the reason for his salty
success, even though only regional at that time, was his ability to build strong relationships with certain of the top talent
agents, band managers enct tounng artiste. He used h~$ conr, ec:.ions from his own musical background to open doom
which enabled him to access top acts ir~ a retattve;y short per. ti of time After his promotion of Jackson Browne in
Portland, Maine clunng the famous ~,g77 tour I~ing recorded for the ~Running On Empty' album, top agents at the
Wllliaro Moros Agency began to recognize the value of piamng t,~eir a~s with Jack. Acta who played the Norttteast
were requesting be promote their shows because of his hospitality which included a oay at his beachfront home and a
iobater cookout, lobsters for the entire crew the evening of the st'~;~w, including the roaciies, an¢l many a~her amenities
which the acts cherished while on the .road. It was also al~pare~ to the agents eno managers that tt~r act made
maximum pmftt working for Jack.
~ the years Jack has promoted stars throughout t~e world from every walk of life including comedians Steve Martin
and Bill Cosby: heavy rockers Aerosmi~, Queen and Metallice, all time fsvotites Rod Stewart, Barry Manilow. the
Eagles, and the Beach Boys, international stars Yanni, U2, Country Western stem from Alan Jackson to Reba, athletes
from Rod Laver to Mid01ewetght Champion Marvin Hagtar. He has also financed or promoted ali Or part of Be entire
to.rs of l~atian superstar Eros Ramazzotti Michael Jackson, latin superthmb Enrique Iglesias Fleetwood Mac~s historic
I g97 'Dance~ tour, Jar~t Jackson's 1898 ~Velvet RoDe" tour, The Moody Blues/Symphony tour, Shania Twain's Robbia
Williaroe, Santana, and Ellen John's Australian tour, the BeeGee's sold out Australian stadium show attends3 by almost
80,000 the spring of 1999. the Ro~ling Stones Asia and China tour, Britney Spears and others,
Long since having expanded on hie noffheast regionei concert p~'omotions activity worldwide, currenl~y he and his
company are I~aying major financlat and promotiees rolse m some of the enlertainment world's most acclaimed national
tours outside of the "concert' realm, These include several years of the highly successful "Riverdence" tour in many
markets in the USA. "Fame" and "Shout" 'n Australia anti Asia, Radio ~ows throughout the U.SA
This former international airline pilot's current unprecedented success and impact o~ the national concert and
entertainment scene ia marked Dy at teast two unique and critical differences from the recent norm of that business
One has to do with the recent trend ot some ma~or promoters to sell their businesses, and Utsick's pecision to go in the
other direc~on. The other ia Utaicl('s now worldwide presence in the industry
His recent move to gain control of England's 'Promoter of the Year'~ TrlDple A. and The Van Hoorn Company ~n the
Netherlands, along with his long term parthemhip Agreements wi~ Michael Chugg Entertainment in Australia, and Live
Ltd. in Asia and China have etevated him to the number 3 ranking in the world His takeover of one of Europe's mcat
attractive 18,000 seat amphitheaters caugl~t many in ~e world's music commun~ by surphee During the same time,
he has deveiobed or made commitments to at least three new amphitheater projects in the United States, purchased
the Keawick Theater in Philadelphia, ancl sigined long term Agreements with four of Ame~uss top promotiors, including
Stone City Attractions in San Antonio, Touting Pm in Bevetiv Hills New Park Entertainment in Philadelphia, and Greg
Young, in Detroit now alt promoting in those locations under t~e ~Jsok Utsiok Presents" name
According to industry in~dem, one of this skyrocketing entertainment entrepreneur's mai~ strengths in his ascent in this
business has been the credibility of the investment sources he has developed. Another has been his ability while
keeping a relatively iow proffie to develop a networl( of contacts that assist him in identifying sol~d cdncert and tour
promotion and investment opportunities at the earliest stages.
Mr. Utaick has apoeered on dozens of national ent~latoment panels anti industry seminars over the years. A native of
Jim Thorpe. Pa,, he now has his main office in Miami, Florida, and offlce~ in nine other locations throughout the world,
He is now a regular in the intemati~na] Who's Who in Ente~tainroe~t.
GIANT CANDLE
BLOW-OUT SALE!
IS ¥OU~ BU,LDING CELEBRATING A B:RTHDAV
OR ANNI'~RSARY SOON? SHOW THE WORLDJ
WE HAVE 10 MULT~OLORED 2g-FOOT TALL CANDLES
(COMPLETE WITH 5,FOOT REPLICA
EACH WEATHER.PROOF CANDLE WEIGHS 1 ,C¢,~
MEASURES TWO ;EEl IN DIAMETER AND WAS CUSTOM
DESIGNED AND MANUFACTURED FROM FIB~RGLASS/PVC
WOULD FREFER TO .SELL tO AS A SET,
BUT WiLL CONSIDER ALL OFFER5
1999 Top 25 Concert & Event BOXSCORES
Outside The U.S.
Ranked By Gross
~, 4,4
Box Office
FAX: +4.4-(0)20-%359-1131
CALL For Forms: +44-(0)20-7359-'i 110
PR NT FO~, ~.polistaronhne.com/repo
London, England N5 2~
Page 1 of 1
Harden, David
From: BrahmD@aol.com
Sent: Thumday, October 02, 2003 1:50 PM
To: harden@ci.delray-beach.fl.us
Cc: Barcinski@ci.delray-beach.fl.us; shutt@ci.delray-beach.fl.us
Subject: Worldwide Entertainment Inc
This is to confirm that I spoke to Russell Forkey,rep for Worldwide Entertainment
who confirmed as follows:
1 .Letter dated Aug 19,2003 all points confirmed
2.City will submit list of date exclusions
3.City Mgr can deny an event based on performers. Promoter has right to go before City Commission for overrule
4.60 day advance notice will be given on events
5.AIl City costs will be reimbursed.Therfore no City out of pocket exposure
6.Promoter gets concession and parking revenues
7.City Mgr approval vs City Commission preferred
&After 5 events,we will negotiate new contract including "Net revenues "for the City including ie. rent,facility
fees,parking etc
9.Events wilt commence late fall 2003 or eady 2004
I invited Russell or a rep to attend the Commission meeting.He will let me know
10/3/2003
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM #
CANCE~ .1 .&TION OF
CORPORATION)
- REGULAR MEETING OF O(3TOBER 7, 2003
CONTRA(;T (SHANNON CHEMICAL
OCTOBER 3, 2003
On January 21, 2002, the City Commission approved a bid award to Shannon Chemical Corporation
for furnishing and delivery of poly phosphate for the water treatment plant.
In June 2003, the City notified Shannon Chemical Corporation that they were not following through
with the required sampling as specified in the bid contract. A second letter was mailed to Shannon
Chemical Corporation on August 8, 2003 requesting the results of the sampling as specified in the bid
document. Therefore, staff is recommending cancellation of the contract with Shannon Chemical
Corporation due to non-performance and requesting authorization for staff to re-award this contract
to Stiles-Kern Division at an estimated annual cost of $47,040.00.
Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
Recommend approval of the contract cancellation with Shannon Chemical Corporation and the re-
award to Stiles-Kern Division for purchasing and delivery of poly phosphate for the water treatment
plant.
S:XCity Clerkagenda memos\Contract Cancellation. Shannon Chemical Coqx)mtion. 10.07.03
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David Harden, City Manager
Jacklyn Rooney, Purchasing Manager
Joseph Saffor~ce Director
October 02, 2003
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
OCTOBER 07, 2003 - CANCELLATION OF CONTRACT WITH
SHANNON CHEMICAL CORPORATION FOR BID #2003-07 -
POLY PHOSPHATE FOR THE WATER TREATMENT PLANT
Item Before Commission:
City Commission is requested to cancel the current contract award to Shannon Chemical
Corporation for Bid #2003-07 for furnishing and delivery of Poly Phosphate for the Water
Treatment Plant and re-award the contract to Stiles-Kem Division.
Background:
City Commission at their meeting of January 21, 2002, awarded Bid #2003-07, Poly Phosphate
for the Water Treatment Plant, to second low bidder, Shannon Chemical Corporation. In June
2003 the City notified Shannon Chemical Corporation that they were not following through with
the required sampling as specified in the bid contract. A second letter was mailed to Shannon
Chemical Corporation on August 08, 2003, stating the City still had not received the results of
the sampling as specified in the bid document.
Because of the time constraints and low supply, the City then ordered the product from the next
low bidder, CalciQuest Inc. The Water Treatment Plant experienced problems with this vendor
also in delivery. The next low bidder, F2 Industries, has been used by the City in the past and
problems were experienced by the Water Treatment Plant in their performance.
Per attached memo from the Manager of the Water Treatment Plant dated August 29, 2003, the
recommendation is to cancel the contract with Shannon Chemical and re-award to Stiles-Kern
Division due to the City's experience with their product, deliveries have been flawless and their
product has served the City well.
Per attached letter dated October 02, 2003, Stiles-Kem Division has agreed to hold their pricing
from Bid #2003-07.
Recommendation:
Staff recommends the cancellation of the contract with Shannon Chemical Corporation and
requesting authorization for staff to re-award this contract to Stiles-Kem Division at an estimated
annual cost of $47,040. Funding from account code 441-5122-536-52.21.
TO:
FROM:
COPY:
SUBJECT:
DATE:
due to problen'
F2 Industries
I had been
Shannon Cheer
in tile contract
Inc. could not
Tile represent
2003. I sent hil
He called back
After a few w,
because I was
run from the
The first ord,
to run out of
had been deali
borrow 20
Calciquest shi
During this w~
phosphate fro~
I decided not
Don Haley hl
information, h
City Of Delray Beach
Departtnent of Environmental Services
M E M 0 R A
N D U
M
ackie Rooney, Purchasing Supervisor
olin M. Bullard, Manager W.T.P.
)an Beatty, Dep. Director PU
'OLY PHOSPHATE
kugUst 29th 2003
www. deIrayesd, com
tding that the Poly Phosphate Bid It 2003-07 be re-awarded to Stiles-Kem Division
s recently and previously with Shannon Chemical Corporation, Calciquest Inc and
LE.
rned by fl~e previous W.T.P. Manager, Don Haley tluat the representative from
ical Corporation would not follow through with the required sampling as specified
I decided to give them a try when tile lowest bidder Florida Sanitary Suppliers,
xovide the required docmncntation.
rive from Shannon supposedly picked up the required samples on March 25th,
a a letter on June 30th infmming him that I still had not received the sample results.
to say that he was traveling and would get the results to me shortly.
eks passed and I had still not received the sanlples I consulted with Jackie Rooney
unning out of phosphate. She gave me permission to purchase phosphate fbr a trial
xt highest bidder, Calciquest.
went fine. There was a fair amount of confusion with the second order causing me
te product. What troubled me the most though, was that the sales representative I
tg with, did not return my' calls twice during this critical time. I was finally able to
s of phosphate from the City of Palm Beach W.T.P. to get me through until the
iment arrived.
:ek or uncertainty I got permission from Jackie Rooney again to order a slfipment of
Stiles Kern Division as a back up.
o order from the next highest bidder above Calciquest, F2 Industries LLC because
warned me that he had experienced problems with getting the correct formula
urance documentation and sample support from their sales representative.
1-.2
Sep 02 03 OB:3?a City o? Oelra~ Beach SS1 243 7316
Stiles-Kern Div
product has ser~
In Slllllmation,
bidders, I am re
sion has had a flawless record with regards to all aspects of the contract and their
ed us well.
~lue to all of the problcms and lack of support fi'om the four lowest phosphate
:ommending that we re-award the contract to Stiles-Kern Division.
Sep 02 03 OB:3?a City o? Oelra~ Beach 561 243 ?3lB
Sep 02 03 08:37a Cit~ o~ Delpa~ Beach SG1 243 731~ p.6
CITY OF OELRI:I¥ BEFICH
p~t~.~Y.
ENVl
AII-Amel'ica City SkRVlCI-
I ~93
2OOl
Mr. Dan C
Vice Prcsid~
Shannon Cb
Post Office ]
Malvem
Pennsylvani
Dear Dan:
When a few
the sample d
of the essenc
flows. I got
Calciquest.
Due to the f
alternative a]
required by t
Sincerely,
John M. Bul
Manager -
JB/gi
gONM EN IAI.
S I)I::I-IAP(I MI NI
303
434 S( )tllll 5WIN I( )N AVFNUE · [)El RAY BEACH. Ft. ORII)A 33444
1!,6l) 7,1~ 7~36 · [AX (561)
qynn
nt - Operations
:mical Coq, oration
lox 376
19355
reeks had passed after our phone conversatioo and I still hadn't received
~ta, 1 decided to consult with Don Haley regarding the situation. Time was
e because we were running out of product and experiencing excessively bigb
he okay from Jackie Rooney in Purchasing and placed all order with
ilure to meet tile terms o£1be contract, we are in tile process of formalizing
rangements witb the next highest bidder who can meet the specifications
City of Delray.
ird
.T.P.
10/02/2003 10:04 8476899289 STILES KEN PAGE 02
Stiles.Kem Division'"
M£T PRO l istine Hydrochemical
CORPORATION
October2,2003
Ms Jackie Kooney, Purchasing Manager
Del Ray Beach
100 North West First Avenue
Del Ray Beach, FL 33444
Dear Jackie:
Stiles-Kem participated in Del Ray Beach's Bid #2003-07 dated December 11, 2002
The pricing Stiles-Kern gave in the bid was .56 per lb for our product MP-4020,
in 50 lb bags
[ w I personally guarantee that the price of .56 per lb. for MP-4020, that we extended
in the bid, will be held until the year 2006.
We have enjoyed working with the City of Del Ray Beach, and look forward to being
able to provide your City with a quality product and serWce.
Please contact me if' you need anything additional
Regards,
William F Mersch
Vice-President/General Manager
570
LAKESIDE
DRIVE * WAUKEGAN, IL 60085-8309 - (847) 689 1100 · F.'~X (e47) 689-9289
3,410 ~ AVE WEST · SUITE B ' WILLISTON, ND 58801 ~' [701 ) 572-6061 · FAX (701) 572-9157
AGENDAITEM NUMBER:
AGENDA REQUEST
Request to be placed on: October 07, 2003
Date: October 02, 2003
XX Consent Agenda
__ Special Agenda
__ Workshop Agenda
Description of agenda item:
Cancel the current contract with Shannon Chemical for the purchase and delivery of poly
phosphate, Bid #2003-07, and re-award contract to Stiles-Kem Division based on the poor
performance from the current vendor, Shannon Chemcial.
Funding from account code 441-5122-536-52.21.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Department Head Signatu~'~ ~
Determination of Consistency '~Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ~/~t'J (., No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:{~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
Disapproved
(if applicable)
CITY OF DELRI:IY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
October 2, 2003
MEMORANDUM
Wdter's Direct Line: 561/243-7091
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Amended and Restated License Agreement with Pilqrim Belle
Cruises
The Commission, at its July 22, 2003 meeting, approved the assignment of the
License Agreement for use of dock space at Veterans Park from Ramblin Rose to
Pilgrim Belle Cruises. At this meeting, Joe Reardon, President of Pilgrim Belle
Cruises informed the Commission that he would like to dock another boat at
Veterans Park, that would be along side the riverboat, in order to provide "Eco
Tours" to local school children so as to provide an educational classroom for the
marine environment. Mr. Reardon would also use the other boat to provide fishing
trips.
Mr. Reardon will locate this second boat along side the riverboat so as not to take
up any more dock space than just the one boat. Mr. Reardon has agreed to
provide up to 500 free passes to local school children for the "Eco Tou¢'.
This License Agreement was amended and restated to account for the second
boat and the excursions that it may undertake as well as removing portions of the
agreement that were no longer applicable as they have been fulfilled or complied
with previously.
By copy of this memo to David Harden, our office requests that this item be placed
on the October 7, 2003 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Joe Weldon, Director of Parks and Recreation
AMENDED AND RESTATED LICENSE Ac~RF~,MENT
WITH PILGRIM BELLE CRUISES L.L.C.
THIS LICENSE AGREEMENT, made and entered into this day of
., 20 , by and between the CITY OF DELRAY BEACH, FLORIDA, a
municipal corporation, (hereinafter referred to as "City") as Licensor and PILGRIM BELLE
CRUISES L.L.C. (hereinafter referred to as "Licensee").
WlTNESSETH:
WHEREAS, the City, originally entered into an agreement on November 12, 1991 for the
lease of dock space at Veterans Park to Dane Mark; and
WHEREAS, that lease has now been assigned to Licensee; and
WHEREAS, Licensee wishes to utilize the same leased space for the docking of two
boats; and
WHEREAS, Licensee shall use the one non-paddle wheel boat to provide eco tours for
students at local schools and for fishing excursions.
NOW, THEREFORE, in order to carry out the purposes of the offer and acceptance, the
parties hereto covenant and agree with each other in accordance with the provisions hereofi
1. Term: The term of this license shall expire on February 1, 2009, unless
otherwise terminated as provided herein.
2. Purpose: The purpose of this Agreement is to provide for the operation of
luncheon and dinner and/or sightseeing excursions and cruises as well as "eco" tours and fishing
excursions from the site described in Paragraph 5. The scope of the operation will be limited to
the aforesaid cruises, sale of admission tickets for such, food and beverage sales and sale of
private charters for such cruises on the excursion vessels. The "eco" tour will expose young
students to the marine environment with an interactive approach.
3. License Agreement: The intention of the parties is to create a license for use of
dock space only. This Agreement confers no lease-hold interest and should be construed by a
court of competent jurisdiction to be a license Agreement only.
4. Title to Improvements: Title to all improvements made and alterations
constructed or installed on the premises described in Paragraph 5 shall at all times during the
effective period of this agreement remain and be the property of the City.
5. Legal Description of the Licensed Premises: All of Block 132, according to plat
of the Town of Linton, now Delray, on file in the Office of the Clerk of the Circuit Court in and
for Palm Beach County, State of Florida, containing 4.48 acres more or less, hereinaRer referred
to as "Premises"
The exact location of the boat mooring, pilings and other attendant improvements within
the licensed premises shall be approved by the City.
6. License Fees:
A. Monthly Payment
Licensee shall pay to the City a license fee of $1,150.00 per month until February 1,
2006. Thereafter Licensee shall pay a monthly license fee of $1,300.00 per month. The monthly
payment shall be made to the City, without billing by the City, on the first of the month.
B. Supplemental Fee
In addition to the above referenced monthly payments, the Licensee on an annual basis
shall pay to the City an amount equal to fifty cents for every passenger over 16,800 passengers
that were carried on the Licensee's vessel during the proceeding year. Such payment shall be due
by March 1 of each year with the year running from February 1 to January 31.
C. Free Eeo Tour Trip Passes
2
Licensee agrees to pay for and donate, without charge, a minimum of 500 trip passes to
students for eco tours on an annual basis. Licensee shall honor all passes when presented.
Licensee shall provide documentation to the City, upon the City's request, regarding the
disbursement of the free passes.
7. Monthly Passenger List: Within the first ten (10) days of a month, Licensee shall
provide the City with a report in a form acceptable to the City showing the total number of
passengers carried on the vessel during the previous month.
8. Taxes: The Licensee shall be liable for any and all taxes wh/ch are or may be
imposed as a result of this Agreement. Taxes shall be paid to the appropriate authority, including,
but not limited to, sales and use tax.
9. Payment of Fees: The Licensee shall pay all license fees and charges and submit
all reports required by this License Agreement to the following:
Joseph Safford
Finance Director
100 N.W. 1st Avenue
De[ray Beach, Florida 3 ~ ~. ~ ~.
In the event Licensee fails to pay any of the license or charges as required to be paid
under the provisions of License within thirty (30) days at~er the same shall be due, interest at the
rate of one and one/half percent (1 1/2%) per month shall accrue against the delinquent payments
until the same are paid. (Implementation of this provision shall not preclude the City from
terminating this License Agreement for default in the payment of license fees or charges, or from
enforcing any other provisions contained herein).
10. Reports and Records:
A. The Licensee shall maintain during the term of this License Agreement all books
of account, reports and records customarily used in this type of operation and such records as are
necessary to document its activities pursuant to this Agreement.
B. Licensee shall allow the City or the auditors of the City to inspect all or part of the
compilation procedures for the aforesaid annual reports at reasonable times and places. Said
inspection is at the sole discretion of the City.
C. Any and all records, receipts, and documents related to gross receipts as defined
herein of the Licensee shall be available to the City and the City's auditors at a reasonable
location in Delray Beach, Florida, for a period of five (5) years after the end of any license year.
11. Facilities to be Provided by the City: The City will permit the use of its existing
parking areas adjacent to veterans Park on an "as available" basis for use by patrons and
employees of Licensee. The City will license the premises for the purpose of dock space,
pedestrian ingress and egress to the ship by Licensee's passengers, invitees, employees and
agents, over the licensed premises. Such ingress and egress and dock space is to be used at the
sole risk of the Licensee.
The City shall not be liable for the care or the protection of the ship, including its gear,
equipment, appurtenances, contents or other items constructed by Licensee on the P~nises.
City expects Licensee to have made suitable arrangements for safe, sheltered anchorage during
tropical storms or hurricanes, and Licensee warrants such arrangements have or will be made.
Licensee may not assume that City's premises will be a safe, sheltered anchorage during tropical
storms or hurricane or an emergency. City, at its sole discretion, reserves the right to remove or
evacuate vessels at the Licensee's risk and expense. Undertaking to move or evacuate a boat shall
4
not be deemed an assumption or responsibility for the safety, security and care of Licensee's boat
by City, nor shall City be deemed a bailee of the boat.
12. Facilities to be Provided by Licensee:
A. The Licensee shall be required to provide, one shallow-draft, riverboat type of
excursion vessel with a passenger capacity of 150 to 250 persons of a length not to exceed one
hundred feet (100'), meeting all safety standards and licensing requirements of the United States
Coast Guard, and capable of providing daytime luncheon and dinner and/or sightseeing
excursion. Licensee shall also be allowed, by the City, in its sole discretion, to also dock the
boat called along side the Pilgrim Belle at Veterans Park so long as it
causes no interference with other boats and the navigation in the Intracoastal Waterway.
B. All site improvements, as allowed by the City, shall be at Licensee's own expense,
including, but not limited to, pilings, docks, seating areas, landscaping, garage dumpster, and
additional parking area, if needed.
C. Architectural and landscape designs shall be subject to review and approval by the
City.
D. Site plan shall be subject to review and approval by the City.
Consh'uction shall meet all applicable codes.
Licensee shall obtain all government approvals, permits and licenses at his own
expense.
G.
H.
Licensee shall comply with all Health Department requirements.
All equipment and personal property furnished by Licensee shall be of good
quality and suitable for its purpose.
5
13. City Approval: Licensee agrees that it will obtain prior written approval from the City
for all of the following:
A. Use of any type of vending or amusement machines other than on the vessel or in
a building to be constructed.
B. Changes from originally approved specifications, plans, signage, buildings,
structures, and landscaping design. The City shall be allowed ninety (90) days to reach a decision
in any of the above matters and failure to do so within such period shall constitute denial.
C. The City may, at its discretion, redesignate the location for docking the vessel at
Veteran's Park. If the relocation occurs, the City will pay one-half of the costs associated with
the relocation of the Pilgrim Belle vessel.
D. Licensee must obtain approval from the City regarding the schedule, or any
changes in the schedule, of the as it pertains to fishing excursions. Licensee
shall present the schedule to the City by November 15 of each year.
14. Minimum Days of Operation:
A. It is desired that the vessel be operated at least four (4) days a week from May 1
through JanuaD, 19 and six (6) days a week during the period of January 20th through May 1st
weather permitting, and excepting periods required for vacations, maintenance and general repair
of the excursion vessel. Licensee shall give notice to the City Manager on any occasion when it
is anticipated that the vessel will not be operated for five (5) consecutive days.
B. The Licensee shall have the option to vacate the dock area from June 1st through
September 15th. If Licensee desires to vacate the dock area during that time, Licensee shall
provide written notice to the City no later than April 1st.
C. If the Licensee notifies the City of its decision to not operate from June 1st to
September 15th, the City has the right to enter into license agreements with other excursion boat
operators who desire to operate from Veteran's Park from June 1st through September 15th.
15. Service While Docked:
A. Service of food or alcoholic beverages shall commence no earlier than thirty (30)
minutes before the departure of the boat. In no event, except as provided herein, shall full meal
service begin until such time as the vessel has entered into the main channel of the Intracoastal
Waterway.
B. The Licensee shall be permitted to remain at the dock while food and beverages
are being served in the event the boat is unable to leave the dock due to inclement weather,
machinery breakdown, failure of the bridge at Atlantic Avenue, or in conjunction with special
events such as the Delray Affair, Art and Jazz on the Avenue, and St. Patrick's Day for a
maximum of 13 days annually. In all instances, the Licensee's dockside operation shall comply
with the following:
1. All food and beverages must be sold and consumed on the boat. Licensee
agrees to comply with all state and county alcoholic beverage rules and
regulations.
2. All on board entertainment shall cease upon docking and all passengers
and customers shall have disembarked no later than 10:30 p.m., except on New
Year's Eve.
3. All music and on board announcements must be within City noise
limitations and comply with restrictions on the use of speakers and amplifiers at
city parks. The calliope shall not be played while docked.
4. When a written complaint is received, the City Manager shall provide a
copy of the complaint to the Licensee. The City Manager shall present a six
month review of the Licensee's operation.
C. The Licensee agrees to limit the number of instances during which dockside
operation occurs, as described in Paragraph 15, to no more than 13 days annually commencing
February 1 and ending on January 31 of each year. Licensee shall provide the City with
advanced notice of those dates during which the Licensee will provide dock side service. If
advanced notice cannot be provided, Licensee shall provide documentation within five (5)
business days after the event during which dockside service occurred.
16. Qualit3' of Licensee's Services:
A. On-site management of the operation shall include at all times such licensed
personnel as may be required by the United States Coast Guard.
B. Food and beverages sold to the public shall be of good quality and served in
accordance with the Health Deparmaent requirements.
C. The Licensee shall conduct its operations in an orderly manner so as not to
unreasonably annoy, disturb or to be offensive to customers, patrons or others in the immediate
vicinity of residents or others in the immediate vicinity of such operations.
D. The Licensee shall take all reasonable steps to control the conduct, demeanor and
appearance of Licensee's employees, invitees, and those doing business with it upon objection
from the City concerning the conduct, demeanor or appearance of any such persons, Licensee
will immediately take all responsible steps necessary to remove the cause of the objection with
the assistance of appropriate law enforcement officers, if required.
17. Notification from the City of Failure to comply: Upon receipt of written
notification from the City specifying in detail any failure to comply with the quality standards
delineated in Paragraph 16, Licensee shall correct the alleged deficiencies within fourteen (14)
days, or such greater time as the particular circumstances may reasonably require.
18. Assignment of the Agreement: Licensee shall have the fight to assign this
contract to an entity or individual with similar expertise in the cruise boat industry after giving
City sixty (60) days notice of such proposed assignment and after receiving the written consent
and approval of City to such assignment, and said which consent shall not be unreasonably
withheld.
19. Water and Electrical Services: All connection charges and subsequent billings
for water and electricity consumed by the Licensee's operation to be at the Licensee's sole
expense.
20. Sewage Discharge: The Licensee represents and warrants that the Licensee
shall comply with the Federal water Pollution Control Acts (33 U.S.C. Section 1231 - prohibiting
discharge of oil or oily water, 33 U.S.C. Section 1322 prohibiting discharge of untreated sewage)
and all other applicable federal, state, county and municipal laws and regulations.
21. Fueling: All fueling of the vessels will be done at an off-site facility. At no time
shall Licensee fuel the vessel while it is docked or moored at Veteran's Park.
22. Equipment Installed by Licensee:
A. All equipment, furnishing, signage and advertising installed by the Licensee on
the premises shall be in keeping with the appropriate standards of decor of the Parks and
Recreation Department and must be approved by the City prior to installation.
9
B. Licensee agrees that all equipment and furnishings provided shall meet the
requirements of all applicable building, fire, pollution and other related codes.
C. Licensee shall not alter or modify any portions of facilities, the leased premises or
the improvements constructed therein without first obtaining written approval from the City.
23. Maintenance Responsibilities of Licensee; Appearance of Facilities: Licensee
shall, at its sole cost and expense, keep and maintain the licensed premises including all
improvements thereto, flee fi.om litter and debris which may result from the operation and use of
the vessels. The Licensee shall maintain all improvements directly related to the vessels'
operation in a neat and orderly condition. This article shall not be construed to require Licensee
to repair damage to the seawall and marginal docks unless such damage was as a result of
Licensee, its agents, employees, guest, passengers, or invitees actions.
24. Garbage Dumpster: Licensee shall, at its sole cost and expense, maintain a
garbage dumpster which is fully screened and complies with City codes. The dumpster will be
located in accordance with the City's direction.
25. Indemnification: Licensee for itself, heirs, personal representatives, successors,
and assigns, as the case may be, releases, defends, holds harmless and indemnifies the City of
Delray Beach, Florida, and its officers, agents, and employees from any and all liability for loss
or damage to the vessels, Licensee's agents, employees, guests, passengers, or invitees whether
or not such (loss or damage is based upon the negligence or conduct of City) and from any and
all loss, damage, liability, legal action or claim of whatsoever nature, arising out of the
Licensee's use of the facilities of the Park known herein as the licensed premises including, but
not limited to agents, employees, passengers, and invitees use of the licensed premises for
ingress and egress or operation of the vessels, and from any and all loss, damage, liability, legal
10
action or claim arising out of the removal of sewage from the vessels, including but not limited
to damage to the licensed premises and the Intracoastal Waterway.
26. Damage or Des~'uction of Premises: If the licensed premises or the riverboat
vessel are partially damaged, but not rendered unusable for the purposes of this Agreement, the
same shall be repaired with due diligence by the Licensee from proceeds of the insurance
coverage and/or at its own cost and expense, and a pro rata adjuslment of the monthly fees
payable hereunder for the period of Licensee's business interruption, if any, shall be made. If the
damage shall be so extensive as to render the premises or the vessel unusable for the purposes
intended, but capable of being repaired with due diligence by the Licensee from the proceeds of
the insurance coverage policy and/or at its own cost and expense, and for the period of Licensee's
business interruption a pro rata adjustment shall be made as to the minimum monthly fees.
27. Ingress and Egress: Subject to roles, regulations, statutes and ordinances
governing the use of the facilities, Licensee, its agents and servants, patrons and invitees, and his
suppliers of service and furnishers of materials, shall have the fight of pedestrian ingress and
egress to and from the premises, with such right not to be unreasonably restricted during the term
of this Lease Agreement.
28. Insurance: Licensee shall purchase and maintain insurance providing coverage on
an occurrence basis during the term of this agreement as outhned below:
A. Comprehensive General Liability or Commercial General Liability Coverage
must be afforded on a form no more restrictive than the latest edition of the Comprehensive
General Liability Policy or Commercial General Liability filed by the Insurance Services Office,
and must include:
11
1. Minimum Limits of total coverage shall be [$1,000,000.00] per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability, the
basic policy to be in said form with any excess coverage (and the carrier) to be acceptable
to the City.
2.
3.
4.
Premises and/or Operations.
Independent Contractor.
Products and/or Completed Operations. Licensee shall maintain in force
until at least three (3) years atler completion of all services required under the agreement,
coverage for products and completed operations, including Broad Form Property
Damage.
5.
6.
Broad Form Property Damage including Completed Operations.
Broad Form Contractual Coverage applicable to this specific agreement,
including any hold harmless and/or indemnification agreement.
removed.
8.
9.
10.
11.
12.
13.
14.
Personal Injury coverage with employees and contractual exclusions
Crew Coverage.
Pollution Coverage.
Collision Liability.
Strikes, Riots and Civil Commotion.
Loss Payee Interest May Appear.
Passenger Liability.
Dock Liability.
12
15. Additional Insured. The City is to be specifically included as an additional
(including products).
16. Notice of Cancellation and/or Restriction. The policy must be endorsed to
provide the City with thirty (30) days' written notice of cancellation and/or restriction.
17. The Licensee shall either require each subcontractor to procure and
maintain, during the life of the subcontract, insurance of the type and in the same
mounts specified herein or insure the activities of subcontractors in his own insurance
policy.
29. Termination by City: The occurrence of any of the following shall cause this
Agreement to be automatically terminated:
A. Institution of proceedings in voluntary bankruptcy by the Licensee.
B. Institution of proceedings in involuntary bankruptcy against the Licensee if such
pmcecdings lead to adjudication of bankruptcy and the Licensee falls within ninety (90) days to
have such adjudication reversed.
The City shall have the right, after fourteen (14) calendar days written notice sent by
registered or certified mall to the Licensee specifying the amount of payment(s) in default, to
terminate this Agreement whenever the non-payment of any sum or sums due hereunder
continues for a period of ten (10) calendar days after the due date for such payments; provided,
however, that such termination shall not be effective if Licensee makes the required payment(s)
during the fourteen (14) calendar day period following receipt of the written notice.
The City shall also have the right to terminate this Agreement upon the breach of the
Agreement by Licensee.
13
The Licensee, within ten (10) calendar days following the term'mation of this Agreement,
shall forthwith remove all of its personal property not acquired under the terms of this
Agreemem and the original proposal. Any personal property of Licensee not removed in
accordance with this Article may be removed by the City for storage at the cost of Licensee or
shall constitute a gratuitous transfer of title thereof to the City for whatever disposition is deemed
to be in the best interest of the City. The City shall not be liable to Licensee for the safekeeping
of Licensee's personal property.
It is the intention of the parties to this Agreement that the vessels together with all
furnishings and equipment purchased or leased by Licensee, except those permanently affixed to
buildings, as defined under the laws of the State- of Florida, shall be and will always remain, the
personal property of the Licensee.
Upon termination of this Agreement and the removal of all personal property by
Licensee, the Licensee shall immediately restore said prcuuises to a neat and clean condition.
30. Non-discrimination:
A. That Licensee for itself, its personal representatives, successors in interest, assigns
subcontractors, and sublessees, as a part of the consideration hereof, does hereby covenant and
agree that:
1. No person on the ground of race, color, national origin, age, or sex shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities.
2. That in the construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the ground of race, color, national
14
origin, age, or sex shall be excluded from participation in, be denied the benefits of, or
otherwise be subject to discrimination.
3. That the Licensee shall use the premises in compliance with all other
requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80,
Non-discrimination under programs receiving Federal Assistance through the Depashnent
of Health, Education and Welfare - Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations may be amended.
B. That in the event of a proven breach of any of the above non-discrimination
covenants, the City shall have the right to terminate the license and to take possession of said
facilities and hold the same as if said license had never been made or issued. This provision shall
not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are
followed and completed including exercise or expiration of appeal rights.
C. Licensee shall not discriminate against any employee or applicant for employment
to be employed in the performance of the contract with respect to hiring, tenure, terms,
conditions or privileges of employment, or any matter directly or indirectly related to
employment because of age, sex, physical handicap (except where based on a bona fide
occupational qualification); or because of marital status, race, color, religion, national origin or
ancestYy.
31. Rules and Regulations: Licensee will observe, obey and comply with all rules and
regulations adopted by the CiO and all laws, ordinances and/or rules and regulations or other
governmental units and agencies having lawful jurisdiction, which may be applicable to
Licensee's operations under th/s Agreement. City shall not adopt any ordinances, rules, or
regulations which are directed toward impairing the City's obligation under this lease.
15
32. Default: Except where set forth specifically herein, upon thirty (30) days notice of
any default of the terms and conditions of this Agreement, the defaulting party shall cure such
default. In the absence of such cure, the nondefaulfing party may terminate this Agreement.
33. Payment of Obligations: Licensee shall pay all taxes and other costs lawfully
assessed against its interests in licensed premises, its improvements and its operations under the
Agreement provided, however, that Licensee shall not be deemed to be in default of its
obligations under this Agreement for failure to pay such taxes pending the outcome of any legal
proceedings instituted to determine the validity of such taxes.
34. Inspection by City: The City may, but is under no duty to, make periodic
inspections of the licensed premises, and the equipment, to determine if such are being
maintained in a neat and orderly condition and are in proper repair. Inspections may also be
made to determine whether the Licensee is operating in compliance with the terms and provi-
sions of this Agreement.
35. Maintenance and Repairs by the City: The Licensee shall have the obligation of
maintaining and repairing the Premises and improvements relating exclusively to the operation
of the vessels. Should inspection by the City indicate that Licensee is not properly maintaining or
repairing the premises and improvements thereon in neat, and orderly condition and in proper
repair, the City will so inform the Licensee in writing, specifying the deficiencies. Should the
Licensee fail, within thirty (30) days of such notifications, to correct or to commence to correct
the deficiencies, the City may either make the necessary repairs and perform the required
maintenance at the Licensee's expense or terminate this Agreement. All corrections must be
made within a reasonable time.
16
36. Approval: Whenever prior approvals or consents are required hereinabove by
either party, such approvals shall be received in writing by the party seeking approval prior to
initiating the action for which approval was sought.
37. Indulgence Not Waiver: The indulgence of either party with regard to any breach
or failure to perform any provision of this Agreement shall not be deemed to constitute, a waiver
of the provision or any portion of this Agreement either at the time the breach or failure occurs or
at any time throughout the term of this Agreement.
38. Remedies, Attorneys' Fees and Costs: All remedies provided in this Agreement
shall be deemed cumulative and additional, or not in lieu of or exclusive of each other or of any
other remedy available at law or in equity; In the event of any arbitration or action at law or in
equity arising hereunder, the prevailing party shall be awarded all costs and expenses (including
reasonable attorneys' fees) incurred in connection therewith.
39. Notices: Any notices submitted or required by this Agreement shall be sent by
registered or certified mail and addressed to the parties as follows:
To the City: Joseph Weldon, Director
Parks and Recreation Department
50 N.W. 1st Avenue
Dekay Beach, Florida 33444
To the Licensee: Joe Reardon
Pilgrim Belle Cruises L.L.C.
1259 Old Sandwich Road
Plymouth, MA 02360
or to such other addresses as either party may designate in writing.
40. Interpretation: This Agreement constitutes the entire Agreement between the
parties with respect to subject matter hereof and supersedes all prior verbal or written agreements
between the parties with respect thereto.
17
This Agreement may be amended only by written document, properly authorized,
executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole
unit and sections headings are for convenience only. All interpretations shall be governed by
laws of the State of Florida. waiver of any breach shall not constitute waiver of any other breach.
Invalidation of any portion of this Agreement shall not automatically invalidate the entire
Agreement.
41. Exclusivity: It is understood and agreed upon between the parties that in order for
Licensee's operation to prosper, Licensee has an exclusive license to operate the cruise boat
operation at Veteran's Park, subject to the City's Code of Ordinances as may be amended in the
future.
IN WITNESS WHEREOF, the parties hereto have entered into this License Agreement
as of the day and year first above written.
ATTEST:
City Clerk
Approved as to Form:
City Attorney
WITNESSES:
(Name Printed or Typed)
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
PILGRIM BELLE CRUISES L.L.C.
By:
(Name Printed or Typed)
STATE OF
COUNTY OF
18
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 Notary Public
19
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
obert A. Barcinski, Assistant City Manager
Agenda Item City Commission Meeting October 7, 2003
Old School Square Concert Series
DATE: October 3, 2003
Action
City Commission is requested to consider approval of the proposed Old School Square Concert
Series, grant the temporary use permit and authorize staff support per the September 23~a agenda
memo with the exception of the December 12th date.
Background
Commission postponed action on this item at your September 23ra meeting and had requested
additional information. Attached is a memorandum and police action plan received from Chief
Schroeder as well as a copy of the September 23rd agenda memo. The Chief is recommending
rescheduling of the December 12th concert.
Recommendation
Staff recommends consideration of approval of the Old School Square Concert Series per our
recommendation on September 23rd tO th
include rescheduling of the December 12 concert.
RAB/tas
Cc: Peggy Murphy
File:u:Sweeney/agenda
Doc: OSS Concert Series
DELRAY BE~CH
Delray Beach Police Department
300 West Atlantic Avenue, Delray Beach, Florida 33444-3695 '~ll~J
(561) 243-7888 Fax (561) 243-7816
- '' ' ~-*~ 1993
doseph L. 8ohroeder ~ 2001
Chief of Police
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Joseph L. Schroeder, Chief of Police~~..~
September 25, 2003
OLD SCHOOL SQUARE CONCERT- DECEMBER 12, 2003
Due to staffing demands, it is recommended that the Old School Square concert
tentatively set for December 12 be rescheduled. The Police Department will already be
staffing the following events:
12/11/03 - Art and Jazz on the Avenue - will take 18 officers and 1 supervisor to staff
12/13/03 - Holiday Parade -25 officers and CSO's/CSI's plus supervisors to staff
12/13/03- Kids Day at the Tree- 2 officers
In addition to these events, the holiday tree detail must also be staffed. The addition of
the concert places a serious concern on manpower allotment.
Your consideration is appreciated.
ppt
Serving with P.R. LD.E.
Professionalism, Respect, Integrity, Diversity and Excellence
Delray Beach Police Department
Special Event--
Personnel Assignment List
Incident Name:
FRIDAY NIGHT CONCERT SERIES-Old School Square
"AMERICA" band
Incident Location/Address:
Old School Square Pavilion--52 N. Swinton Avenue
Operational Period Date:
F rom; 12/12/03 To; 12/12/03
Date Prepared:
09129103
Operational Period Time:
From: 1800 To: 2300
Time Prepared:
1430hrs.
TIMES NAME ID# POST DESCRIPTION
1800-2300 1. Incident Commander: The supervisor is responsible for liaison with
event staff. He will also assist with addressing general security
concerns in the ama near and around the concession stand as well as
arranging for breaks and coordinating police responses to problems.
Perform roving foot patrol. Check with event personnel and the
private security supervisor frequently to see that all is going well.
*Contact Mr. Mitch Steinberg upon arrival to introduce yourself.
*Ensure that officers rotate in and out of traffic posts every two hours.
1800-2300 1. N. Swinton & `1" Street--Traffic Control: The officer is responsible
for assisting pedestrians in crossing the roadways and for keeping
*Will switch posts traffic flowing on. Swinton Ave.
with Ofc. at 2100 *Car: (Ofc. take-home car) Place patrol car w/emergency lights
hrs. activated in position #2 inside the SB safety zone at 1st Street.
Place cones around the car.
*Flares-Deploy at dusk
*Traffic vest, whistle and flashlight with orange cone are mandatory.
1800-2300 1. W. Atlantic Ave. & Swinton Ave, {Traffic Control): The officers are
2. responsible for assisting pedestrians in crossing the roadways and for
(Take-home car) keeping traffic flowing onto S. Swinton Ave.
*Car: (Ofc. take-home car) Place patrol car w/emergency
*Both officers will lights activated in position #2 inside barricades on S/B left turn lane
switch posts with north of Atlantic Ave. Deploy road flares 30 feet north, south and
Ofc. at 2100 hrs. west of intersection.
*Flares-Deploy at dusk.
*Traffic vest, whistle and flashlight with orange cone are mandatory.
'1800-2300 1. Ofc. Pavilion Lawn Seating {West Side): Foot patrol in the area of the
*Will switch posts entertainment pavilion lawn seating & concession stand. Check
with Ofc. at Children's Area west of the museum periodically. Address any
2100 hrs. security issues that may arise. Check often with the private security
officers at the west gate. Assist them as needed.
*Responsible for placing his take-home car at N. Swinton & N. 1s~
Street for use by Der Covington.
*The officer working this post will be teamed up with the Incident
Commander..
*Traffic vest, whistle and flashlight with orange cone are mandatory.
1800-2300
*Both officers will
switch posts with
Ofc. at 2100 hrs.
Pavilion Lawn Seatinq (East side): Foot patrol in the area of the
entedainment pavilion lawn seating & concession stand. Address any
security issues that may arise. Check often with the private security
officers at the west gate. Assist them as needed. Keep an eye on the
beer truck and cash box at the front gate.
*Traffic vest, whistle and flashlight with orange cone are mandatory.
*This is a terrific opportunity to put our best foot forward and exhibit to our citizens and out of town guests
the high level of customer service and friendly attitudes the Delray Beach Police Department has come to be
known for.
When directing traf. ftc please be professional, sharp and courteous,t
Thank you for signing up to work the "1~t ANNUAL HAITIAN CULTURAL FESTIVAL." Your
dedication and concern will help make this a successful event year after year.
KEEP UP THE GREAT }FORK.t
CITY DF DELRI:I¥ BERCH
DELRAY BEACH
Afi-AmericaCfly
1993
2001
TO:
FROM:
DATE:
100 NW 1st AVENUE
MEMORANDUM
David T. Harden, City Manager
~'~obert A. Barcinski, Assistant City Manager
September 16, 2003
DELRAY BEACH, FLORIDA 33444
561/243-7000
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
SEPTEMBER 23, 2003 SPECIAL EVENT REQUEST -
OLD SCHOOL SQUARE CONCERT SERIES
&ffrlOl~
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 of NE 1 st Avenue north of the grass
area, and to authorize staff support for traffic control and security and for signage.
BACK~iROUND
Attached is a letter I 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 1st Avenue 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.
I 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 policy would be violated for the December 12th and possibly
th
the May 7 dates. December 11 is the date scheduled for Art and Jazz on the Avenue
and the 13th is the Holiday Parade and Kids Day at the Tree. May 1st is the date
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.
Rt!CO31I~IF. NI~ATION
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
Do~: Agenda OSS Concert Series 2003-04
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ! ~ - REGULAR MEETIN(~ OCTOBER 7, 2003
APPOINT PROMOTIONAL STEERING COMMITTEE-PARKS BOND ISSUE
DATE: OCTOBER 3, 2003
At the Commission workshop of August 26, 2003, staff provided suggested projects to the
Commission which would be appropriate to include in the Parks Bond Issue. It was the consensus at
that meeting to change suggested question number four (4) to funding for Old School Square since
Lake Worth Drainage District and abutting property owners are not generally receptive to trails on
canal rights-of-way at this time.
In addition, a time table was approved by consensus, which recommended that a Promotional
Steering Committee be appointed on October 7, 2003, by Commission to help support this bond issue
and educate the citizens of the ballot questions and the projects each question would represent.
On September 23, 2003, Commission approved a request from the Delray Beach Public Library
Association, Inc. to include an additional $1 million bond referendum question to be used for capital
purchases for the library and the Commission suggested it be a separate question on the ballot.
Recommend the appointment of a Promotional Steering Committee for the January 20, 2004, Parks
Bond Issue.
MelTIO
To: City Commission
From: David Harden
CC: Susan Ruby
Joe Weldon
Joe Safford
Date,' August 22, 2003
Re~ Parks Bond Issue
City staff has reviewed the Parks Master Plan to determine which projects might be
appropriately included in a Parks Bond Issue, and how that issue might be divided into three
or four ballot questions. Four possible ballot questions are as follows: (Numbers in
parenthesis refer to Parks Master Plan Capital Projects)
1. Acquire and develop 2 - 3 new passive parks and a soccer complex
(2.2 & 5.1)
$6,982,500
2. Develop or expand recreation centers
$7,000,000
Western Community Center
Catherine Strong Center
Small Center at Swim & Tennis Club
Expand Pompey Center
3,800,000(4.2)
2,000,000(3.3)
700,000(4.3)
500,000(3.1)
3. Develop or upqrade existinq parks
$2,017,500
Bexley Park 500,000
Boy Scout Hut Park 367,500
Lake Ida Park 425,000
Comell Park 150,000
Community Center & Pompey Park 300,000(4.1)
Beach Park Improvements 75,000(6.3)
Other Parks Citywide 200,000(2.1)
4. Canal and multipurpose trail systems (10.3 & 10.4)
$4,000,000
We question including item four, especially since Lake Worth Drainage District and abutting
property owners are not generally receptive to trails on canal rights-of-way. Also, TEA 21
funds are available for trail construction. We believe it would probably be better to remove
item four and include funding for Old School Square expansion instead. Other Master Plan
Projects are either already funded or not appropriate for a bond issue. Staff requests further
direction regarding the ballot questions for the Parks and Recreation Bond Issue.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Susan Ruby, City Attorney
Barbara Garito, City Clerk ~ '
August 20, 2003
Time Table - Special Bond Issue Election
Theresa LePore, Supervisor of Elections has approved a Special Bond Issue Election for the City
of Delray Beach to be held on Tuesday, January 20, 2004. Mrs. LePore requires that the ballot
questions be certified and in her office two (2) months prior to the election or by November 20,
2003. Below is a time table for the special election.
08/26/03 Budget Workshop.
City Manager to discuss projects and grouping of projects for the bond issue with the
City Commission.
09/09/03 Regnlar Commission Meeting.
City Manager to present ballot questions/projects to the City Commission for additional
input.
10/07/03 Regular Commi,sion Meeting.
City Commission to appoint Promotional Steering Committee and provide members with
a list of the ballot questions and complete list of projects to be included in the bond issue.
11/20/03
City Clerk to provide the Supervisor of Elections with a certified copy of the ballot
questions.
12/09/03 Regular Commission Meeting.
Mayor to issue a proclamation notifying the electors of a spe~io! election on January 20,
2004
City Commission to approve a resolution c~lling for the special election including the
projects, ballot questions, and term of the bond.
01 ~20/04 Special Bond Issue Election
NOTE: The special election is scheduled on the same day as the scheduled Regular
Commission Meeting, therefore it is suggested that the meeting be rescheduled on
January 22, 2004 along with a special meeting to ratify the election results.
GRANTING OF HISTORIC FACADE ARCHITECTURAL CONTROL AND
REDEVELOPMENT EASEMENT: Consider approval of a historic facade
easement to the Commumty 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. (Approved, 4 0; Mayor Perlman passed the gavel due to Conflict of Interest)
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 Architectural
Control and Redevelopment Easement conditions and requirements. (Approved,
4-0)
CONTRACT AWARD/ARTHUR _l. 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. (Motion to approve contract with the caveat
staff to review Terrorist Acts Coverage; Approved, 5-0)
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~ Avenue. Mr.
Klasfeld is prepared to pay the City's out-of-pocket expenses in the amount of
$2,685.75. Staff recommends approval. (Approved, 4-0 with payment to be paid in full in
30 days; Commissioner McCarthy filed Conflict of Interest)
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. (Approved, 5-0 with caveat that logo be hot-linked to the City's webpage)
SPECIAL EVENT REOUEST/OLD SCHOOL SQUARE 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 ~ Avenue 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. (Approved, 5-0 subject to staffrecommendations)
DELRAY BEACH PUBLIC LIBRARY/BOND REFERENDUM REQUEST:
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. (Motion to approve $1 million Bond
Referendum request, money must be used for capital purchase; Approved, 4-1; Commissioner
Levinson dissentin~
09-23-2003
October 7, 2003
November 20, 2003
December 9, 2003
December 16, 2003
SPECIAL l~I .I~.CTION CAI.RNDAR
January 20, 2004
Commission to appoint Promotional Steering Committee and provide
members with a list of the ballot questions and complete list of projects to
be included in the bond issue.
City Clerk to provide the Supervisor of Elections with a certified copy of
the ballot questions.
City Commission Meeting
(I) Pursuant to Section 5.07, of the City Charter, no special election shall
be called less than thirty 00) days following the adoption of a
resolution calling for such election.
(2) Pursuant to Section 34.03, of the Code of Ordinances, the Mayor
shall by proclamation give notice of all elections, additionally it is
required that the City Clerk post in a conspicuous place in City Hall, a
list of the precinct numbers and addresses of the polling places to be
used, and changes to any polling place. It is further recommended that
the proclamation with the predmct listing and the resolution with the
ballot questions be posted in all city buildings and added to the City
Clerk's web page.
(3) Commission to approve the poll workers and appo'mt Therese
LePore, Supervisor of Elections to handle the absentee and
provisional ballots and conduct the Logic and Accuracy testing.
Pursuant to FS 100.342, in any special election there shall be at least 30
days' notice of the election in a newspaper. The publication of the
resolution shall be made at least twice, once in the fifth week and once in
the third week prior of the week in which the election is to be held.
Advertise in E~sh on Tuesda~v. December 16 amd December 30. 2003.
Advertise in Spanish on Fddq. December 19. 2003 and_Ianna~_ 2. 2004.
January 2, 2004
January 6, 2004
January 9, 2004
January 16, 2004
January 17, 2004
January20,2004
January22,2004
Logic and Accuracy Testing. Pursuant to FS 101.5612(2), on any day not
more than 10 days prior to the election day, the SOE shall have the
automatic tabulating equipment publicly tested to ascertain that the
equipment will correctly count the votes cast and the public notice shall
be given at least 48 hours prior thereto by publication once in one or
more newspapers of general circulation. IRk_A testing to be held on
January 9e~. Advertise in Spanish on fanua~ 2. 2004
L&A testing. Advertise in E~sh on.lanua~ 6. 2004
Supervisor of Elections to conduct L&A testing.
Pursuant to FS 102.141, the County Canvassing Board's meeting to
publicly canvas the absentee and provisional ballots shall be advertised at
least 48 hours prior to the meeting by publication once in one or more
newspapers of general circulation. ~4dvertise in Spanish on Janua~ !6. 2004.
Pursuant to FS 101.20, a sample ballot shall be published in a newspaper
of circulation in the county, prior to the day of election. Advertise the ballot
in Spanish on Janua~ 16. 2004.
Advertise the Canvass'rog Board's meeting and the Ballot. Advertise in
E~lish on Janua~ 17. 2004.
Special Bond Issue Election.
7:00 p.m.
Polls open at 7:00 a.m. and dose at
Special Meeting / Regular Meeting of City Commission to ratify the
election results. According to Local Rules (1) there shall be no regmlur
City Commission on the date of a Delray Beach municipal election. A
meeting that would otherwise have been scheduled for such date shall be
held on the Thursday immediately following the election at 6:00 pm at
City Hall and the results should be ratified by the Commission.
Page 2
Special Election Calendar
DELRAY BEACH
COMMUNITY REDEVELOPMENT
AGENCY
TO:
From:
Date:
RE:
MEMO
David T. Harden, City Manager
Diane Colonna, CRA Executive Director
September 29, 2003
Downtown Master Plan Implementation Committee
Attached please find the proposed new roster of Downtown Plan Implementation Committee
members. The membership is changing for a number of reasons. As you know, the
Southwest Neighborhood Plan was recently completed and adopted. After numerous
discussions with the SW Management Team it was determined that instead of creating
another implementation committee for that plan, the scope of the Downtown Master Plan
Implementation Committee should be expanded to include projects in the SW
neighborhood. This makes sense because there was already a lot of cross-over in the
plans, especially in the areas of infill/affordable housing, parks, and transportation.
Therefore, the list is changing to include representation from the Southwest Management
Team. The list is also being modified to remove members who have not participated at the
desired level and who, when asked, declined to continue on the committee.
Please schedule this item for consideration by the City Commission at an upcoming
meeting. If you have any questions or concerns, please let me know.
Thank you.
Name
1. Jean Beer
2. Barbara Brown
3. Day,tiC,ok
Elaine Wilson
4. Per~ DonFrancisco
5. Gertrude Green
6. Ken Howard
Charlene Farrington
7. Jon Levinson
8. George Maso
9. Alberta McCarthy
10. Kcv!n MoCz~)'
Celestine Cartwright
Downtown Plan Implementation Committee Members
Representing
PROD - President's Council
Citizen/Resident
Hand':
SW Management Team
Business (Boston's on the Beach)
Citizen/Resident
SW Management Team
City Commissioner
DDAYWARC
City Commissioner
Citizen
SW Management Team
Phone/e-mail.
272-4231/bjeanbee~aol.com
742-4123
27~ ~. !95,~and:kaz:.t,r~ac!.com
715-9028
278-3364
278-1797
702-5300/CFJ6358(~_~bellsouth.net
243-2690/243-9242 (fax)
ionlevinson~compuserve.com
265-3264/georgemaso@webtv.net
278-2720/delra¥commish~aol.com
278-6355
11. Bill Morris
12. Francisco Perez-Azua
13. JeffPerlman
Developer
SPRAB/Architect
Mayor
368-9820/southcp{~bellsouth.n et
279-2006/francisco~perezarchitects.com
706-6165/delcommish~hotmail.com
14. Kar!~: P3ckard:zn
Bunny Elrod
15. Chuck Ridley
16. Marta San Martin
Haitian )xnerican Cr, uncil
SW Management Team
CRA Commissioner
Property owner/business
(Dharma Holdings Ltd.)
272 2520
702-7300/bunnysh utch 1 ~aol.com
271-5683 (cell)
276-0696/926-0269 (cell)
marta(~_~chiquitico.com
17. Joe Pike
18. Mike Weiner
19. Libby Wesley
20. Bill Wood
P&Z Board/Engineer
Attorney
Resident
Chamber of Commerce
274-6500/ioe~envdesign.com
265-2666, ext. 104
delraylaw~bellsouth.net
278-1013/libbyiw(~bellsouth.net
279-1380, Ext. 14/bwood~delraybeach.com
21. Joe Bernadel
22. Evelyn Dobson
23. Gary Eliopoulos
24. Minnie Garcia
Toussaint L'Ouverture High
NW Pres. Alliance/W. Settlers
Eliopoulos & Assoc/Architect
Resident
243-3136/haitimuseum(~,aol.com
994-1788/edobson(~_ ~casmanagemant.com
276-6011/gpe(~_~aol.com
276-7528(h)/775-9567(w)
minnie48mom(&aol.com
25. T*ny .u-~m~sn K',:Sk Step 27~ !71g
Herman Stevens Citizen 272-7477
25. Tim Hemandez
27. R/ch McGloin
28. Brenda Montague
29..amge!a P ~.~n~!p~
Joe Sharp
30. Cynthia Ridley
31. Carolyn Zirnmerman
32. Alex Jenkins
New Urban Communities
DDA
CRA Commissioner
Dewdnzy & P.~ndc!ph
Citizen
Resident
279-8706/954-610-7450 cell
themandez~newurbancommunities.com
274-6468/715-4193 (cell)
mcgloin(&ix.netcom.com
243-6325/bbmontague~aol.com
809-8772/isharp~,m ail.barr,/.edu
274-6400
Pres. Council/Haitian Amer. Council 276-1715
SW Management Team
278-1411/Ivanmartin287(~aol.com
[lTV OF DELRFIV BEfl[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
ill. Jm~ica City
DATE:
TO:
FROM:
SUBJECT:
Writer's Direct Line: 561/243-7091
MEMORANDUM
October 3, 2003
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
Amendment No. 1 to Tripartite and Interlocal Aqreement
This Amendment No. 1 to the above agreement for the exchange of library
property permits the City an additional 30 days to review the appraisals.
Please place the Amendment No. 1 to the Agreement on the Tuesday, October 7,
2003 consent agenda.
Attachment
CC:
Diane Colonna, Community Redevelopment Agency Director
Robert W. Federspiel, Esq.
Barbara Garito, City Clerk
AMENDMENT NO. 1 TO THE TRIPARTITE
AND INTERLOCAL AGREEMENT
THIS AGREEMENT NO. 1 is made this __ day of ,
2003 by and between the CITY OF DELRAY BEACH, FLORIDA (the "City") and the
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA).
WITNESSETH:
WHEREAS, the City and the CRA desire to amend the Tripartite and Interlocal
Agreement entered into concerning the exchange of properties to accommodate the
new library to allow additional time to review the appraisals.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties agree as follows:
1. Paragraph 5 of the Tripartite and Interlocal Agreement is hereby amended
to give the parties an additional thirty (30) days to review the appraisals which will be
until November 10, 2003.
2. All other terms and conditions of the original agreement except as
expressly modified herein, including the unamended portion of paragraph 5 shall remain
in full fome and effect.
IN WITNESS WHEREOF, the parties have heretofore set their hands and seals
on the day and year first above written.
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
City Attorney
ATTEST:
Print Name:
Approved as to Form:
DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Howard Ellingsworth, Chairman
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~t//
AGENDA ITEM $$ ~ - REGULAR MEETING OF OCTOBER 7, 2003
ORDINANCE NO. 39-03 (AMENDING CHAPTER 101 "PARKS. BEACHES
AND RECREATION")
OCTOBER 3, 2003
This ordinance is before Commission for second reading to amend 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 north, south or east of any municipal beach site.
At the first reading on September 23, 2003, the Commission passed Ordinance No. 39-03.
Recommend approval of Ordinance No. 39-03 on second and final reading.
&\City Clerk\agenda memos. Ord 39.03.Beaches Activities. 10.07.03
rlTY OF BELAAY BEACH
CITY ATTORNEY'S OFFICE 2OONW is, AVEN,~E-.~EL,,A¥.EAC.. F,~O,,,,~A 33,.4
TELEPHONE 56t/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7090
DATE:
TO:
FROM:
MEMORANDUM
September 24, 2003
Barbara Garito, City Clerk
Terdll Pyburn, Assistant City Attorney
SUBJECT: Beach Activities Ordinance No. 39-03
Attached please find Ordinance 39-03 with revisions. This ordinance is the same
as was on the September 23, 2003 agenda for first reading but with an
amendment approved by Commission.
Please place on the October 7, 2003 agenda for public headng.
TCP:smk
Attachment
I'IT¥ OF DELRgV BEKI£H
CiTY ATTORNEY'S OFFICE
DEL~AY BEACH
TO:
FROM:
SUBJECT:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writm~$ Direc{ Une: 5~1/243-7090
MEMORANDUM
September 15, 2003
David T. Harden, City Manager
City Commission
Ten'ill Pybum. Assistant City Attomey
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-
motorized) within 300 feet of a municipal beach site but these activities will still be
permitted on the state-owned portions of the beach (except for the 300 foot buffer
area). Please note{hat 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-o~ed beach. State ownership
does not depdVe the City from having jurisdiction, but coordinat~n 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
Susan Ruby, City Attomey
Lula Buffer. 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
Bob Taylor. Ocean Rescue Superintendent
ORDINANCE NO. 39-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101 OF THE
CODE OF ORDINANCES OF THE CITY 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
ORDER TO PROVIDE FOR THE SAFETY OF CITIZENS AND.
TOURISTS ENJOYING THE CITY OF DELRAY BEACH'S
MUNICIPAL BEACH BY PROHIBITING 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 SAFETY OF
CITIZENS AND TOURISTS ENJOYING THE CITY OF DELRAY
BEACH'S MUNICIPAL BEACH BY PROHIBITING
KITEBOARDING AND PARASAILING ON THE MUNICIPAL
BEACH SITE AND PROHIBITING KITE-FLYING AND
WlNDSURFING EXCEPT IN DESIGNATED AREAS; PROVIDING
A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to P~;~vide
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 ara dangerous to the City's beach-going citizens and tourists.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY 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 road
as follows:
"MOTOR VEHICLE". Any self-propelled motorized device desi.qned and used for
the purpose of transportin.q or movin.q any person or property from one place to another
but not operated upon rails or Ruideway, includin.q but not limited to the followinq: All
Terrain Vehicles (ATVs) and powerod paraRliders.
"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 A1A, 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;
and Atlantic Dunes Park, all lying east of the east curb of State Road A1A (Ocean
Boulevard), including the waters of the Atlantic Ocean within the boundaries of this city.
"PARK". 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.
"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 primarily to indoor recreation activities.
"VEHICLE". Any device desi.qned and used for the purpose of transportinq or
movinq any person or property from one place to another but not operated upon rails or
.quidewa¥, includinR but not limited to the followinR: parachutes.
Section 2. That Chapter 101, ~Parks, Beaches and Recreation", Section 101.24, "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 rate of speed than posted, and in any
event, not more than 25 miles per hour.
(B) No person shall use, operate or propel or cause to be used, operated, or
propelled on or within three hundred feet (300') north, south or east of any municipal beach
site within the limits of the City any vehicle or motor vehicle; provided, however, nothin.q in
this section shall prevent (1) official motor vehicles or vehicles of a governmental aRency
from traversinq the beaches, banks or dunes in the performance of official .qovernmental
duties (2) non-Rovemmental purposes of maintenance and/or preservation of same as
authorized or required by a .qovemment a.qency (3) motor vehicles or vehicles utilized for
the purpose of transportinq a physically disabled person who would otherwise b~,
incapable of accessinq and travelin.q upon the beach without such assistance, or (4) motor
vehicles or vehicles utilized for other authorized purposes as approved by the City
ManaRer, from traversinR the beaches and access points thereto of any municipal beach
site within the City limits.
2 ORD. NO. 39-03
1. An exception to the prohibitions in Section (B) is a life or death
emer.qency which may require motor vehicles to be used, operated or propelled on or
within three hundred feet {300') north, south or east of any municipal beach site.
,,~,,C) 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.
(C)(D) Laws of the city requiring lights on vehicles Shall apply to vehicles in a park,
recreation or municipal beach site.
(D)(E) Vehicles shall be restricted to drives, roadways, paths, walks and trails
established for such purposes. Footpaths or walks designated for pedestrian travel shall
not be used for vehicular travel.
(E)(F) No motor vehicles shall be driven upon the municipal beach without a written
permit from the Parks and Recreation Department.
(F)(G) All ordinances of the city with respect to vehicles shall be in full rome and
effect in the parks of said city.
(G-)(H) No person shall ride any horse or other animal within any park and recreation
site, except upon bddle 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 t01,34 SURFING, SCUBA DIVING AND JET SKIS.
(A) No parasailinq or kteboardin.q/kitesurfin.q shall be permitted within three
hundred feet (300') north, south or east of any municipal beach site within the limits of the
City. No surfing, windsurfin(~ or kite-flvin~ shall be permitted 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
c'~b$~,3Rc3 3t any time on the beach or in the Atlantic Ocean in a manner that constitutes a
hazard to any other person.
3 ORD. NO. 39-03
1. An exception to the prohibitions in Section (A) is a life or death
emerRenc¥ which may require a kiteboarder/kitesurfer to traverse on or within three
hundred feet (300') north, south or east of any municipal beach site.
(B)
beach.
Scuba diving and jet skis ara prohibited from all areas of the municipal
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 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 ADOPTED in regular session on second and final reading on this the
day of ,2003.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
4 ORD. NO. 39-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGE,'mA rrEM #
REGULAR MEETING OF OCTOBER 7. 2003
(AMENDING LAND DEVELOPMENT
ORDINANCE NO. 37-03
REGULATIONS, SECTION 4.3.3(S) "TELECOMMUNICATION TOWERS
AND ANTENNAS")
OCTOBER 3, 2003
This ordinance is before Commission for second reading to amend the Land Devdopment
Regulations, Section 4.3.3(S), "Telecommunication Towers and Antennas", to reflect recent state law
changes.
At the first reading on September 23, 2003, the Commission passed Ordinance No. 37-03.
Recommend approval of Ordinance No. 37-03 on second and final reading.
S:\Civ/Clerk\asenda rnem~.O~d 37.03.Teleconmaunication Towersl0.07.03
TO:
THRU:
FROM:
SUBJECT:
JASMIN ALLEN, PLANNER/~ ~
MEETING OF SEPTEMBER 23, 2003
CONSIDERATION OF AN AMENDMENT TO THE LAND DEVELOF~MENT
REGULATIONS SECTION 4.3.3 (S) "TELECOMMUNICATION TOWERS AND
ANTENNAS" TO REFLECT RECENT CHANGES IN STATE LAWS
The prOposed text amendments are to modify LDR Section 4.3.3(S) "Telecommunicatio~l
Towers and Antennas" to achieve consistency with the new State laws. The proposed¢
amendment provides the timeframes 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 propedy 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 staff report.
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.
By motion, approve on first reading the amendment to the Land Development Regulations
regarding Section 4.3.3(S) 'Telecommun'cations 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
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 Commission 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) Required Information:
All applications for telecommunication towers contain the following
information:
1. Standard application items pursuant to 2.4.3(A).
Site plan showing the location, dimensions, and elevations of the
tower and accessory structures.
An aedal 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.
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.
Written approval or a statement of no objection from other federal or
state agencies that may regulate telecommunication tower siting,
design, and construction.
Federal
Verification that the facility has been licensed by the
Communications Commission (FCC).
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.
10.9__.
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(S),
"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.
Application for new tower permits will be processed within ninety (90)
business days of receipt of a properly completed application.
(2)
Applications for co-location permits will be processed within forty-five
(45) business days of receipt of a properly completed application.
(3)
The City will notify permit applicants within twenty (20) business days
after the date of submission of an application whether the application
is for administrative purposes only, properly completed and properly
submitted.
(b)
A waiver of the time frames set forth above must be voluntarily aqreed to by
the applicant and the City except in the case of a declared local, state or
federal emergency that directly affects the administration of all permittin.q
activities of the City.
(c)
The reason for the reiection or denial of any application filed in accordance
with the provisions of this section shall be set forth in writinq within the above
specified time frames.
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.
of
PASSED AND ADOPTED in regular session on second and final reading on this
., 2003.
day
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
4 ORD. NO. 37-03
MEETING OF:
AGENDA ITEM:
SEPTEMBER 15, 2003
IV,B AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 4.3.3(S) "TELECOMMUNICATION
TOWERS AND ANTENNAS" TO REFLECT RECENT CHANGES
IN STATE LAWS
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 to Section 1.1.6 an amendment to the LDRs may not be made until a
recommendation is obtained from the Planning and Zoning Board.
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 government may require from wireless communications providers and
establishes timeframes 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 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. 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
LDR 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 LDR Section 2.4.5(M)(5), approval of an LDR 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.
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 findings with LDR Section 2.4.5(M)(5).
Attachment
· Proposed Ordinance
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CHY MANAGER~,~
AGENDA ITEM # t~,~ - REGULAR MEETING OF OCTOBER 7. 2003
ORDINANCE NO. 34-03 (ENACTING CHAPTER 73 "VEHICLE
IMPOUNDMENT")
OCTOBER 3, 2003
This ordinance is before Commission for second reading to enact Chapter 73, "Vehide
Impoundment", to the City Code of Ordinances to provide for administrative penalties for vehicle
impoundment.
At the first reading on September 23, 2003, the Commission passed Ordinance No. 34-03.
Recommend approval of Ordinance No. 34-03 on second and final reading.
S:\City Clerk\agenda mem~.O~d 34.03.Vehicle Impe~ndment 10.07.03
[ITY OF I]ELAllY BER[H '
CITY ATTORNEY'S OFFICE
POUCE LEGAL ADVISOR
1993
300 W. ATLANTIC AVENUE o DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7823 · FACSIMILE 561/243-7815
POLICE LEGAL ADVISOR
MEMORANDUM
To:
From:
Date:
Re:
Mr. David Harden, City Manager
Catherine M. Kozol,f J~ _,
Police Legal Advisor~/v
August 18, 2003
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
Page Two
David Harden, City Manager
August18,2003
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.
CMK/ath
Encs.
cc: Susan Ruby, City Attomey
Terrill Pyburn, Asst. City Attorney
Chief Larry Schroeder
2
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
MOTOR 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
DELRAY 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 Impoundment.
Impoundment of motor vehicles; controlled substances, prostitution, drivin.q under the
influence, habitual offender, and ddvin.q with permanently revoked license.
(A) A motor vehicle shall be subiect to seizure and impoundment whenever a
police officer has probable cause to believe that the vehicle:
1. Contains any controlled substance or cannabis as defined in Chapter
893, Florida Statutes; or
2. Was used in the pumhase, attempt to pumhase, sale, or attempt to
sell such controlled substance or cannabis; or
3. Was used to facilitate the commission of an act of prostitution,
assiqnation, or lewdness as defined in and pursuant to Section 796.07, Florida Statutes, or
4. Was being operated by a person ddvinq under the influence as
defined in Section 316.193, Florida Statutes; or
5. Was being operated by 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 bein.q operated by a person whose driver's license or ddving
privile.qes were permanently revoked as defined in Section 322.341, Florida Statutes.
(B) Upon seizing the motor vehicle, the police officer shall:
1. Provide for the towing of the vehicle in a City-owned or City-controlled
facility, or to a facility controlled by the City's towing agent; and
2. Notify in writinq the registered owner of the vehicle and any person
who is found to be in control of the vehicle at the time of the impoundment of the facts of
the impoundment as well as of the owner's ri.qht to reclaim the vehicle pursuant to Section
2 and to request a preliminary hearinq pursuant to Section 73.03.
(a) The notices to be given pursuant to this section shall be
provided by hand delivery at the time of the seizure and impoundment of the vehicle,
except 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 by certified mail,
return receipt requested, within forty-eight (48) hours of the time of the impoundment
excludin.q Saturdays, Sundays and leqal holidays.
(C) This section shall not apply and the vehicle shall not be seized or impounded
2 ORD. NO.,~O~ -03
1. The possession, use or sale of the controlled substance and/or
cannabis is authorized by Chapter 499 or Chapter 893, Florida Statutes, or
2. The vehicle was stolen at the time that it was subject to seizure and
impoundment and it was reported within 24 hours after the vehicle was discovered or
reasonably should have been discovered, or
3. The vehicle was operatin,q as a common carder at the time it was
subject to seizure and impoundment; or
4. A law enfomement a.qency has expressed its intent in wdtin.q to
institute forfeiture pmceedinqs on the vehicle.
Section 2. That Title VII, "Traffic Code", Chapter 73, "Impoundment", Section 73.02,
"Return of Vehicle Prior to Administrative Hearin.q", be, and the same is hereby enacted to read
as follows:
Section 73.02 Return of Vehicle Prior to Administrative Hearing.
If the owner of the motor vehicle, or his/her a.qent or authorized representative pays
to the City, an administrative civil penalty of two hundred fifty dollars ($250.00) plus the
towin.q and stora.qe 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 towin.q and
storaqe costs, the vehicle shall be released to the owner or his/her aqent or authorized
representative prior to the administrative hearin.qs held pursuant to Section 73.03. The
payment shall be held by the City pendin.q the administrative hearinq(s). If, at the
preliminary hearin.q, there is a findinq 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,
"Hearinqs; Administrative Penalty", be, and the same is hereby enacted to read as follows:
Section 73.03 Hearings; Administrative Penalty.
(A) Preliminary Hearing. If the owner of the motor vehicle, or his/her aqent or
authorized representative has made a written request for a preliminary headn.q then;
1. The City shall hold such hearing within seven (7) days of receipt of the
written request, excludinq Saturdays, Sundays, and le.qal holidays, before a special master
or alternate special master of the City of Delray Beach. At the headnq, the City shall have
the burden to show that there is probable cause to believe that the motor vehicle is subject
3 o~m. No.~-03
to impoundment and continued seizure under Section 73.01. The formal roles of evidence
shall not apply at the hearinq and hearsay evidence is admissible.
2. if, after the preliminary hearing, the special master or alternate special
master determines that there is probable cause to believe that the motor vehicle is subject
to impoundment and continued seizure, he/she shall order the continued impoundment of
the vehicle unless the vehicle owner or his/her a.qent or authorized representative pays the
City an administrative civil penalty of two hundred fifty dollars ($250.00) plus the towinq
and storage 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 accumulated costs of
towinq and stodn.q the vehicle. If, after the hearinq, there is a findin.q of no probable cause,
the vehicle or posted bond shall be released forthwith to the owner or his/her aqent or
authorized representative without the imposition of penalties or fees alonq with any
accrued towinq and/or storaqe fees.
(B) Final Hearing. Within twenty (20) days of the date that the motor vehicle is
seized and impounded pursuant to Section 73.01 and whether or not a preliminary hearinq
is requested, the City shall notify by certified mail, return receipt requested, the vehicle
owner of record of the date, time, and location of a final hearinq to be conducted pursuant
to this subsection. The final hearing shall be scheduled and held, unless waived by the
vehicle owner or continued by order of the special master or alternative special master, no
later than forty-five (45) days after the date that the vehicle was seized and impounded.
The formal rules of evidence will not apply at the final hearinq. The City shall have the
burden to show by a preponderance 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
hearing, a findinq is made that the vehicle is subject to impoundment and seizure pursuant
to Section 73.01, and that none of the exceptions set forth in Section 73.01(C) apply, then
the special master or alternative special master of the City of Delray Beach shall enter an
order findin.q the owner of record of the vehicle civilly liable to the City for an administrative
penalty of two hundred fifty dollars ($250.00), plus towin.q and stora.qe costs. If, after the
hearin.q, a finding is made that the City did not meet its burden of proof as set forth in this
subsection, or that one of the exceptions of Section 73.01(C) apply, the vehicle and any
bond posted shall be returned to the owner, alon.q with any accrued towinq and/or storaqe
fees.
Section 4. That Title VII, 'q'raffic Code", Chapter 73, "Impoundment", Section 73.04,
"Administrative Penalty; Costs", be, and the same is hereby enacted to read as follows:
Section 73.04 Administrative Penalty; Costs.
If an administrative penalty, towing and storage costs and/or headng costs are
imposed pursuant to Section 73.03, such penalty and costs shall constitute a debt due and
4 OP, D. NO.~t~ -03
owin.q to the City. The vehicle's record owner's obligation to pay such debt to the City shall
be independent 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 applied toward payment of the
penalty and costs.
Section 5. That Title VII, "Traffic Code", Chapter 73, "impoundment", 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.
Except as provided otherwise in Section 73.03, an impounded vehicle shall be
returned to its record owner, or to the person who is legally entitled to possess the vehicle
upon his/her payment of the administrative penalty and costs to the City, plus any towing
and storage fees, unless the vehicle has been sold or otherwise disposed of to satisfy a
iud.qment or enforce a lien as provided by law.
Section 6. That Title VII, "Traffic Code", Chapter 73, "Impoundment", Section 73.06,
"Appeal", be, and the same is hereby enacted to read as follows:
Section 73.06 Appeal.
The owner of the motor vehicle that has been the subject of a seizure and
impoundment pursuant to Section 73.01, 73.02 and 73.03, or the City may appeal the
rulings and decisions of the special master or alternate special master of the City of Delray
Beach by 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 being appealed. The City
may charge a reasonable fee for the preparation of the record for purposes of makinq the
appeal.
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.
Any motor vehicle that is not reclaimed within sixty (60) days from the date of the
final order of the special master or alternate special master of the City of Delray Beach,
subiectin.q the owner of the motor vehicle to an administrative civil penalty of $250.00,
becomes unclaimed evidence pursuant to Section 705.101(6), Florida Statutes. Such
unclaimed vehicle shall then be disposed of by the City pursuant to Section 705.105,
Florida Statutes.
Section 8. That Title Vii1 "Traffic Code"1 Chapter 73, "lmpoundment"l Section 73.08,
5 ORD. NOc3~ -03
"Administrative Fees", be, and the same is hereby enacted to read as follows:
Section 73.08 Administrative Fees.
The proceeds of any sale of an impounded motor vehicle as provided in sections
73.01 throu.qh 73.07, after pa¥in.q all the costs actually expended for towinq and stora.qe,
shall be deposited into the Police Department'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
-03
0
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~i'N
AGENDA ITEM # v..~.~ . REGULAR MEETING OF OCTOBER 7. 2003
ORDINANCE NO, 33-03 (AMENDING CHAPTER 71. "PARKING
REGULATIONS")
OCTOBER 3, 2003
This ordinance is before Commission for second reading to amend 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.
At the first reading on September 23, 2003, the Commission passed Ordinance No. 33-03.
Recommend approval of Ordinance No. 33-03 on second and final reading.
S:\Ciq, Clerk\agenda memo~.Ord 33.03.Parking Regulations 10.07.03
ORDINANCE NO. ~,~, -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, '~VHEN 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
VEHICLE," 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 Delray 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:
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 hi.qhway to the nearest .qara.qe or other place of safety or to a Rara.qe
desiqnated or maintained by the Police Department or by the City under the followinq
circumstances:
(A) When any vehicle is left unattended upon any brid.qe, viaduct, causeway or
tunnel, where such vehicle constitutes an obstruction to traffic.
(B) When a vehicle upon a street is so disabled as to constitute an obstruction to
traffic or the person in charqe of the vehicle is, by reason of physical iniury, incapacitated
to such an extent as to be unable to provide for its custody and removal.
(C) When any vehicle is parked continuously upon a street for more than 72
hours, prior to removal, procedures must be followed in accordance with Section 90.02(B).
(D) When any vehicle is left unattended upon a street and is so parked illegally
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 by 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 tire,
flood, storm, or other emerqency 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
subchapterl and when the officer knows or is able to ascertain the name and address of
the owner thereof, such officer shall immediately .qive or cause to be qiven notice in writing
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 being stored in an authorized
.qara.qe, a copy of such notice shall be given to the proprietor of the .qara.qe.
2 ORD. NO.~)~-03
(B) Whenever an officer removes a vehicle from a street under this subchapter
and does not know and is not able to ascertain the name of the owner or for any other
reason is unable to give notice to the owner, the officer shall, within 24 hours through the
medium of electronic communications, contact the State Department of Hiqhway Safety
and Motor Vehicles givinq a full description of the vehicle, and shall file a copy of such
notice with the proprietor of any authorized garage in which the vehicle may be stored.
The notice shall include a complete description of the vehicle, the date, time and place
from which removed, the reasons for removal, and the name of the garage or place where
the vehicle is stored.
Section 3. That Title VII, "Traffic Code", Chapter 73, "Impoundment," Section 73.17,
"Release of Impounded Vehicle," be enacted to read as follows:
Section 73.17 RELEASE OF IMPOUNDED VEHICLE.
No vehicle impounded under Section 73.15 in an authorized garage shall be
released therefrom until the charqes for towing the vehicle into the qara.qe and all storaqe
charges have been paid. The charges for towin.q or removal of any vehicle and storaqe
shall be at the expense of the owner.
Section 4. That Title VII, "Traffic Code," Chapter 73, "Impoundment," Section 73.18,
"Sale of Impounded Vehicles," be enacted to read as follows:
Section 73.18 SALE OF IMPOUNDED VEHICLE.
(A) If the residence or address of the owner or any person holdinq a lien upon an
impounded vehicle cannot be ascertained, or if the owner or person holding a lien upon the
vehicle fails to take possession of the vehicle within thirty (30) days after the mailing of the
notice provided for in Sec. 73.17, such vehicle shall be sold at public outcry by the Chief of
Police at some place within the City, but prior to the sale a notice shall be published in a
City publication at least ten days prior to the date of sale. Such notice shall give the time
and place of sale and describe the motor vehicle to be sold. A copy of such notice shall be
mailed to the owner and each person holding a lien on the car, if their address be known,
at least ten days before the date of the sale.
(1) The City shall not guarantee title to such vehicle or to deliver a title of
ownership, but shall furnish the purchaser a certificate in substantially the following form:
Certificate No.
Delray Beach Police Dept.
Delray Beach, Florida 33444
CERTIFICATE OF SALE
3 ORD. NO~-03
THIS IS TO CERTIFY that the followinq described car was abandoned on the public
streets of Delray Beach, Florida, and was placed in the custody of the Police Department
where it was held for thirty (30) days, after which time it havin.q been impossible to find the
owner of the same, or if found, he failed to repossess same, this automobile was sold to
the hiqhest bidder after leqal advertisement.
This certificate of sale is therefore issued to
residinR at
Make:
Year:
Engine No.:
Chassis No.:
Dated at Delray Beach, Florida, this
day of ,20 .
Chief of Police
(2) The above form shall be in duplicate. The original shall be given to the
purchaser and the duplicate bound in a book or record.
(B) If any motor vehicle shall be sold as provided in sections 73.15 throuqh
73.18, the proceeds of the sale, after paying all the costs actually expended for advertising
or otherwise in the sale, shall be deposited in the General Fund of the City.
(C) The owner or any person having a lien upon an impounded vehicle may take
possession of the same at any time prior to the sale provided for in division (A), but such
person shall reimburse the City for all reasonable expenses for storage, advertising, or
other expense incurred in connection therewith.
(D) The proceeds of any sale of an impounded vehicle paid to the General Fund
of the City shall not be expended or disbursed for ninety (90) days after the date of such
sale. At any time dudn.q that period, the owner or any person havinq an interest in the
motor vehicle may, upon making proof of such ownership or interest, recover back from
the Fund the proceeds of the sale, less all the expenses of cadng for such property,
advertising, and the making 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
Second Reading
5 ORD. NO.~;~-03
[lTV I]F I]ELR#¥ BEfl£H
CITY ATTORNEY'S OFFICE 2°° NW .t AVENUE. DEL.AY.EAC., FLO.IDA 33444
TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755
1993 DATE:
Wdter's Direct Line: 561/243-7091
MEMORANDUM
September 22, 2003
TO:
FROM:
City Commission ~
Bdan Shutt, Assistant City Attorney
SUBJECT: Proposed Changes to Noise Ordinance
On July 8, 2003 Ordinance No. 21-03 was presented to the Commission for first
reading. At that meeting the Commission voted to table Ordinance No. 21-03 and
gave staff direction to reword the proposed changes in order to place a time limit
on the outdoor playing of musical instruments and similar devices.
This proposed ordinance prohibits the outdoor playing of musical instruments,
phonographs and similar devices between the hours of 10:00 p.m. to 8:00 a.m. in
residential zoning districts.
By copy of this memo to David Harden, our office requests that this item be placed
on the October 7, 2003 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
~id ~Harde~ ~ty ~r
Barbara Garito, City Clerk
Chief Larry Schroeder, Police Dept.
ORDINANCE NO. 21-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99,
"NOISE CONTROL", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, SECTION 99.04, "LOUD
AND UNNECESSARY NOISES ENUMERATED;
EXEMPTIONS", BY AMENDING SUBSECTION 99.04(A)(1),
"NOISE FOR ENTERTAINMENT PURPOSES", TO CLARIFY
CERTAIN DISTANCE REQUIREMENTS FOR NOISE
EMANATING FROM VEHICLES AND BUILDINGS AND
PROVIDING THAT THE OUTDOOR PLAYING OF MUSICAL
OR SIM1LAR INSTRUMENTS IS PROHIBITED DURING
CERTAIN TIME PERIODS; BY REPEALING SUBSECTION
99.04(A)(19), "OUTDOOR PLAYING OF MUSICAL
INSTRUMENTS, PHONOGRAPHS AND SIMILAR DEVICES";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Chapter 99 of the Code of Ordinances provides the level of noise that shall
be allowed from any source; and
WHEREAS, Section 99.04(A)(1) sets forth the distance requirements for noise levels;
and
WHEREAS, there are currently many businesses that provide music whether live or by
other devices at the front of businesses, on porches and in other areas that are either outdoors or
not in totally enclosed places; and
WHEREAS, these businesses comply with the noise ordinance regarding the level of
noise that they are creating, even though the music is occurring outdoors; and
WHEREAS, Section 99.04(A)(19) of the Code of Ordinances prohibits the outdoor
playing of musical instruments or other similar devices in the City and thus it is inconsistent with
Section 99.04(A)(1) as currently drafted; and
WHEREAS, the City wishes to amend Section 99.04(A)(1) to provide that the outdoor
playing of musical instruments or other similar devices shall only be prohibited during certain
time periods and to repeal Section 99.04(A)(19).
Ord. No. 21-03
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 99, "Noise Control", Section 99.04, "Loud and Unnecessary
Noises Enumerated; Exemptions", Subsection 99.04(A)(1), "Noise for Entertainment Purposes"
of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended as follows:
(A) Certain acts declared unlawful. The following acts, and the causing thereof,
among others, are declared to be unlawful and in violation of this chapter:
(1) Noise for entertainment purposes. It shall be unlawful for any person or
persons to play, use, operate or permit to be played, used or operated, any radio, musical
instrument, phonograph or other machine or device for the producing or reproducing of sound if
such sound is for the purpose of entertainmeut or is used for that purpose and can be heard from
the distances stated in subsection (a) or violates the parameters set forth in subsection (b).
(a) Violation will occur if the noise source is located within an
automobil~ that is located in or upon a public street, highway, building, sidewalk, park,
thoroughfare or other public area, or is located in or upon a public access area, such as a
shopping mall, parking lot or the like or on any private property, and the sound can be heard
more than fifty (50) feet from its source_. ~ A violation shall also occur if the noise source is
located in a building or other structure or outside of such building or structure and the sound can
be heard more than one hundred (100) feet away from the building or structure or the boundaries
of the property surrounding such building or structure, whichever is greater. Provided however,
that the outdoor playing of any radio, musical instrument, phonograph or other machine or
device used for the producing or reproducing of sound if such sound is for the purpose of
entertainment is prohibited in all residential zoning districts between the hours of 10:00 p.m. m
8:00 a.m..
(b) It shall be prima facie evidence of violation of this section if the
sound can be heard outside the limits described in subsection (a), or creates a noise disturbance
within noise sensitive zones or if said sound violates any vibration or decibel levels set forth in
this chapter (except for activities open to the public and for which a permit has been issued by
the city according to the criteria set forth in Sec. 99.30~l.
(c) Where the noise source is located in a building or other structure,
the owner, occupant, resident manager or other person in charge of the premises shall, if present,
be presumed to have permitted the noise in the absence of evidence to the contrary.
Ord. No. 21-03
(d) This section shall not apply to non-commercial spoken language
covered under subsection (A) of this section.
Section 2. That Chapter 99, "Noise Control", Section 99.04, "Loud and Unnecessary
Noises Enumerated; Exemptions", Subsection 99.04(A)(19), "Outdoor Playing of Musical
Instruments, Phonographs and Similar Devices" of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby repealed:
(A) Certain acts declared unlawful. The following acts, and the causing thereof,
among others, are declared to be unlawful and in violation of this chapter:
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.
Section 5.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
day of 2003.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading.
Ord. No. 21-03
[lTV OF DELHI:IV BEfl[H
CITY ATTORNEY'S OFFICE
200 NW tst AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wrlter's Direct Line: 561/243-7091
DELRAY BEACH
DATE:
TO:
October 2, 2003
City Commission
MEMORANDUM
FROM: Susan A. Ruby, City Attorney
SUBJECT: Ordinance No. 40-03 Allowing Service on the Neighborhood
Advisory Council and Other City Boards
This ordinance, if adopted, would allow a member of a City Board to also serve on
the Neighborhood Advisor Council.
By copy of this ordinance to David Harden, please place on the October 7, 2003
agenda for consideration.
Attachment
Cc:
Carolanne Kucmerowski, Agenda Coordinator
Lula Butler, Director of Community Improvement
Janet Meeks, Education Coordinator
Paul Dorling, Planning & Zoning Director
ORDINANCE NO. 40-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
"DEPARTMENTS, BOARDS AND COMMISSIONS",
SUBHEADING, "ADVISORY BOARDS AND COMMITTEES",
SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS",
SUBSECTION (E), TO PROVIDE FOR AN ADDITIONAL
EXCEPTION TO THE PROHIBITION ON CONCURRENT
SERVICE ON ADVISORY BOARDS OR COMMITTEES,
ALLOWING MEMBERS TO SERVE ON AN ADVISORY BOARD
AND THE NEIGHBORHOOD ADVISORY COUNCIL AND TO
CORRECT GRAMMATICAL ERRORS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to make an
exception to the prohibition on serving on two boards at the same time to facilitate broader
representation on the Neighborhood Advisory Council; and
WHEREAS, the City Commission finds that the Neighborhood Advisory Council does not
exercise the City's sovereign power and thus members of boards exercising the sovereign power
of the City as well as board members on boards that do not exercise the sovereign power may
also sit, if appointed, on the Neighborhood Advisory Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Chapter 32, "Departments, Boards and Commissions", Subheading
"Advisory BOards and Committees", Section 32.08, "Length of Terms; Restrictions", is hereby
amended by amending subsection (E) to read as follows:
SECTION 32.08 LENGTH OF TERMS; RESTRICTIONS.
(E) No member of any advisory board or committee may concurrently serve on
another advisory board or C~_ommittee. However, this prohibition shall not apply if an
ordinance and/or resolution expressly provides that the membership of an advisory board
or Gcommittee includes, as part of its membership, the member(s) of another specifically
named advisory board or C~_ommittee and the prohibition will not apply to any person who
is a member of an advisory board or committee and also is appointed to serve on the
Neighborhood Advisory Council. In such a case, a member of the specifically named
advisory board or G_committee is eligible to serve on two (2) or more advisory boards or
~_ommittees. Notwithstanding the foregoing, a member may serve on more !han one task
fome or ad hoc G~3_ mmittee or may serve as an advisory board or G~,o_ mmittee member
and a member of a task force or ad hoc C~,o_ mmittee without being expressly provided for
by an enacting ordinance or resolution. Ddual memberships, where allowed herein, shall
not be allowed if prohibited by Florida Law or the Flodda Constitution.
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 confiict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2003.
ATTEST:
MAYOR
CITY CLERK
First Reading
'Second Reading
2 ORD, NO. 40-03
CITY DF DELRrlY BEACH
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
~ DATE:
City
FROM:
MEMORANDUM
October 3, 2003
City Commission
Susan A. Ruby, City Attorney
SUBJECT: James Tylke v. City of Delray Beach case
The purpose of this memorandum is to call for a closed attorney-client session pursuant to
Florida Statutes §286.011(8) for the October 7, 2003 City Commission meeting to discuss
settlement negotiations and strategy related to litigation expenditures in the above case.
Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the
commencement of the closed attorney-client session, the Mayor should read the following:
"The City has scheduled a closed attorney-client session pursuant to Florida
Statutes §286.011(8) regarding the James Tylke v. Rancour, Berry and City
of Delray Beach case (Case No. CL 99-10847 AO). The estimated length
of the closed session shall be 15 minutes. The following persons will be
attending: Mayor Jeff Periman, Commissioners Pat Archer, Alberta
McCarthy, Robert Costin and Jon Levinson, City Manager David Harden,
City Attorney Susan Ruby, Fred Gelston, Esq., Stephen Radford, Esq., and a
certified court reporter."
At~er the closed session is over, the Mayor should announce that the regular meeting is
reopened, and the closed session is terminated.
By copy of this memorandum to David Harden, our office requests that the agenda be prepared
giving reasonable public notice of the time and date of the closed attorney-client session for
October 7, 2003 and that the agenda item include the name of the case, the names set forth
above of those persons attending the session, and identify the item as a closed door session
pursuant to'Florida Statutes §286.011. Our office will arrange for a court reporter to be present
as required by statute. Attached is a copy of Fla. Stat. §286.011.
~llaMen, City Manager
Barbara Garito, City Clerk