Agenda Reg 10-21-03City of Delray Beach
Regular Commission Meeting
Tuesday, October 2].. 2005
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
].00 NW ~t Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (56].) 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 fight to limit discussion rests with the Commission. Generally, remarlm
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the arnount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Bt
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within thc 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 extraorc[inary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
Thc primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to thc podium to speak, please complete thc 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 thc 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 bc barred by thc presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that ff 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 partidpate in and enjoy the benefits of a sen/ce,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices axe available for
meetines in the Commission Chambers.
2.
3.
4.
5.
ROLL CAt .t..
INVOCATION.
PLEDGE OF AI.LEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
October 7, 2003 - Reg~fiar Meeting
October 14, 2003 - Special Meeting
PROCLAMATIONS:
Recognizing Bucky Dent's 25th _Anniversary
Delray Beach Orchid Society's 13th Annual Show
Honoring the School District of Palm Beach County and Superintendent Dr. Art
Johnson
PRESENTATIONS:
Delray Beach Cultural Loop - Glen Weiss
Downtown Master Plan Marketing Update
CONSENT AGENDA: City Manager Recommends Approval.
ACCEPTANCE OF EASEMENT DEED/THE COLONy AT DI~LRAY:
Approve and accept an easement deed from The Colony At Delray granting to the City
the means to allow utilities from Bexley Park to connect to an existing lift station
located in "The Colony" development.
ACCEPTANCE OF HOLD HARMLESS AGREEMENT/~TT AND
GINA BENDER; Approve and accept a hold harmless agreement between the City
and Garrett and G'ma Bender for the inst~lhtion of a private dock onto a portion of
seawall that abuts the Island Drive bridge.
SPECIAL EVENT REOUEST/HOLIDAY PAGEANT PARADE: Approve and
endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation
Department and the Chamber of Commerce to be held on December 13, 2003
beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section
2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews
Avenue to N.W. 1~t Avenue and Miramar and Lowety for parade set up from
approximately 4:00 p.m. to 7:30 p.m., and authorize staff support for traffic control and
security, EMS assistance, barricade set-up/removal, trash removal and dean up, and
processing of the FDOT permit.
10-21-2003
AGREEMENT/HORSE DRAWN CARRIAGES. INly,; Consider approval of an
agreement between the City and Horse Drawn Carriages, Inc. to provide horse and
carriage rides along Atlantic Avenue as specified from November 21, 2003 through
January 1, 2004 from 6:00 p.m. until 12:00 a.m.; contingent on the approval of the
proposed Ordinance No. 41-03 amending Section 2.4.6(H) Temporary Use Permits.
LICENSE AGREEMENT/SESAC: Consider approval of the proposed music
performance license agreement with SESAC in the amount of $650.00. Funding is
available from 001-1802-512-34.90 (General Fund/Other Contractual Services).
REVISED SPECIAL EVENT REOUEST/THE FRIENDS OF SANDOWAY
HOUSE NATURE CENTER. INC.: Approve a revised request from the Friends
of the Sandoway House, Inc. to change the tent location for their Gala to be held on
November 22, 2003 from the east half of the Ingraham lot to the south side of the
Sandoway lot from 5:00 p.m. Thursday, November 20, 2003 through Monday,
November 24, 2003. Staff recommends approval of the revised request from 7:00 a.m.
Friday, November 21, 2003 through noon on Monday, November 24, 2003.
INDEPENDENT CONTRACTOR AGREEMENT/THE ARC: Approve an
independent contractor agreement between the City and The ARC for a trained
inclusion specialist for a special needs child in our Out of School program in the
approximate amount of $15,012.00. Funding is available from 001-4105-572-34.90
(General Fund/Other Contractual Services).
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for two (2) eligible applicants/families in the amount of $13,500.00 for 1650
N.W. 182 Avenue $$204 and $19,238.00 for new construction on S.W. 6~h Avenue. This
brings the number to 155 homeowners assisted under the Renaissance Program.
Funding is available from 118-1924-554-49.20 (Home Owner Subsidy).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 6, 2003 through October 17, 2003.
AWARD OF BIDS AND CONTRACTS:
Bid award to Vila & Sons Landscaping Corporation in the amount of $49,800.72
for the irrigation and landscape improvements to three (3) medians on Federal
Highway and l.inton Boulevard. Funding is available from 119-4151-572-63.20
(Beautification Trust Fund/Landscafmg/Beautification).
Bid award to various vendors for pipe fittings at an annual cost of $159,411.91.
Funding is available from various depaxtmental operating budgets.
10-21-2003
REGULAR AGENDA:
FLORIDA DEPARTMENT OF TRANSPORTATION JOINT
PARTNERSHIP AGREEMENT: Approve a Joint Partnership Agreement (JPA)
with the Florida Department of Transportation (FDOT) for the reimbursement of
funds to the City in the amount of $40,000.00 for the irrigation and landscaping of three
0) medians on Federal Highway from 1200 feet south to 1500 feet north of Linton
Boulevard. Funding is available from 119-4151-572-46.40 (Beautification Trust
Fund/Beautification Maintenance).
RE_IECTION OF RESPONSES/WRECKER TOWING SERVICES: Consider
rejection of all responses received for the Request for Proposal $$2003-46 for Wrecker
Towing Services for the Police Department due to the need to clarify and better define
language in the detailed specifications, and authorize staff to re-advertise.
POLICY ON MUNICIPAL LIEN REDUCTIONS: Approve the proposed policy
governing the granting of municipal lien reductions associated with the construction of
single family homes in the City.
SEAW^I.L PROIECT/CUSTOM BUILT MARINE CONSTRUCTION:
Approve a contract between the City of Delray Beach and Custom Built Marine
Construction in the amount of $139,649.06 for the replacement the existing seawalls at
S.E. 3rd Street and N.E. 4~h Street and replacement of the ninety (90) foot and 140 foot
wood docks at Veteran's Park. Funding is available from 448-5461-538-65.66 (Storm
Water Utility Fund/N.E. 4m Street - Seawall) and 001-4126-572-46.90 (Parks &
Recreation/Other Repair/Maintenance Costs).
ACCEPTANCE OF SETTLEMENT/TYLKE v. CITY: Consider acceptance of
settlement payable as follows: $35,000.00 due on November 4, 2003 and $10,000.00
payable within ninety (90) days subject to the receipt of an agreement and acceptable
releases in the Tylke v. City of Delray Beach case. Staff recommends acceptance.
RESOLUTION NO. 72-03: Approve Resolution No. 72-03 providing for the
issuance of General Obligation Bonds for the purpose of fmanc'mg Recreation Centers,
Parks and Cultural Facilities.
RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE: Ratify various appointments to the Kids and Cops Committee for a
two year term ending November 30, 2005.
STEERING COMMITTEE: Appo'mt promotional steering committee for
Recreation Centers, Parks and Cultural Facilities Bond issue.
10-21-2003
10.
PUBLIC HEARINGS:
ORDINANCE NO. 41-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Chapter 2, "Administrative Provisions", of the Land
Development Regulations by mending Section 2.4.6(H), "Temporary Use Permit" to
add horse drawn carriage rides, ice skating fink, carousel and other related
holiday/seasonal temporary uses authorized by the City Commission. If passed, a
second public hearing will be scheduled for November 4, 2003.
ORDINANCE NO. 21-03; An ordinance amending Chapter 99, "Noise Control" 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
instruments, phonographs and similar devices in residential zoning districts.
ORDINANCE NO. 40-03; An ordinance amending Chapter 32, "Departments,
Boards and Commissions" of the City Code of Ordinances by amending Section 32.08
"Length of Terms; Restrictions", Subsection 0g), to allow a member of a City Board to
also serve on the Neighborhood Advisory Council.
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
12.
13.
A. City Manager's response to pt/or public comments and inquiries.
B. From the Public.
FIRST READINGS:
NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
PO8TED: OCTOBER 17, 2003
10-21-2003
OCTOBER 7~ 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, October 7, 2003.
1_. Roll call showed:
Present-
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Abs*nt - None
Also present were -
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Terrill Pybum, Assistant City Attorney
Brian Shutt, Assistant City Attorney
Chevelle Nubin, Deputy City Clerk
VaDor.
The opening prayer was delivered by Rabbi Silver with Congregation L'Dor
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
Mayor Perlman requested Item 8.L.1. Award of Bids and Contracts be removed
from the agenda.
Mr. Levinson requested Item 9.J., Downtown Master Plan Implementation
Committee be postponed to the next regular meeting.
Mrs. Archer requested the Consent Agenda be moved before the Proclamations
because she will be leaving the meeting early this evening.
Mr. Levinson moved to approve the agenda as amended, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5
to 0 vote.
5_. APPROVAL OF MINUTES:
Mrs. Archer noted a correction on page 23 of the Minutes of the Regular Meeting
of September 23, 2003 and stated it should read "Saturday evening and Sunday."
Mrs. Archer moved to approve the Minutes of the Regular Meeting of September
23, 2003 as corrected, seconded by Mr. Costin. Upon roll call thc 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 moved to the Consent Agenda.
8_. CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST 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.
8.B. 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.
2nd Terrace.
The caption of Resolution No. 69-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE
7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
(The official copy of Resolution No. 69-03 is on file in the City Clerk's office.)
8.C. 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.
The caption of Resolution No. 70-03 is as follows:
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10/07/03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
100 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A
NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED
BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 70-03 is on file in the City Clerk's office.)
8.D. 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.
The caption of Resolution No. 71-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY 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.
(The official copy of Resolution No. 71-03 is on file in the City Clerk's office.)
8.E. 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.
8.F. COMMUNITY DEVELOPMENT
RECIPIENT FUNDING AGREEMENT/AVDA:
BLOCK GRANT (CDBG) SUB-
Approve and authorize the execution of a
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10/07/03
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).
8oG.
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 available from 001-1111-511-34.90 (General Fand/Other
Contractual Services).
8oH°
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, Drug Abuse & Mental Health Program
Office Grant Award.
8.I._.~. 2003 LOCAL LAW 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 115 -2128-521-various (2003 Local Law Enforcement Block Grant).
8.J. 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:
THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
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 fi'om 334-6111-519-49.90 (General Construction
Fund/Other Current Charges/Obligations - FY 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 Putnam County Copier Contract//071736300
for the lease of a Xerox WCP65 Digital Copier for the Police Department.
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10/07/03
Funding is available from 001-2113-521-44.30 (Equipment Rental/Lease).
Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5
to 0 vote.
PROCLAMATIONS:
6oA,
Put the Brakes on Fatalities Day - October 10~ 2003
Mayor Perlman presented a proclamation hereby recognizing October 10, 2003 as
Put the Brakes on Fatalities Day.
6oB.
Florida City Government Week - October 19~ 2003 - October 25~ 2003
Mayor Perlman read a proclamation hereby proclaiming the week of October 19
through October 25, 2003 as Florida City Government Week in the City of Delray Beach,
Florida. Nancy King, Staff Assistant/Publications Editor came forward to accept the
proclamation and stated a group of students from Plumosa Elementary School will be coming to
City Hall on October 20, 2003 to shadow 23 City employees for the eleventh consecutive year.
6oC.
National Epilepsy Awareness Month - November 2003
Mayor Perlman presented a proclamation hereby recognizing November 2003 as
National Epilepsy Awareness Month.
PRESENTATIONS:
7.A. RESOLUTION NO. 65-03: Recognizing and Commending Robert Jolley for
30 years of dedicated service to the City of Delray Beach.
The caption of Resolution No. 65-03 is as follows:
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 DELRAY BEACH.
(The copy of Resolution No. 65-03 is on file in the City Clerk's office.)
Mr. Costin moved to approve Resolution No. 65-03, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
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10/07/03
Mayor Perlman read and presented a resolution and plaque to Robert Jolley for
thirty years of dedicated service to the City of Delray Beach. Robert Jolley came forward to
accept both the resolution and plaque.
7.B. "Spotlight on Education" - Dr. lan Saltzman~ Principal of Carver Middle
School and lan Plosker~ President of the Delray Beach Youth Council
Janet Meeks, Education Coordinator, stated staff has a new initiative as part of
"Unity in the Community" month for October called "Spotlight on Education".
Dr. Ian Saltzman, Principal of Carver Middle School, stated Carver has
approximately 1,400 students and as a result of the FCAT scores went from a "C" school to a
"B" school. Dr. Saltzman gave a brief presentation with regard to the demographic change at
Carver Middle School and stated Carver had the highest gains last year of any middle school in
reading. Dr. Saltzman stated people need to encourage reading throughout the community
because reading is the key to survival. Dr. Saltzman stated every classroom has a classroom
library and thanked the community for their contributions. Dr. Saltzman stated this is the third
year the school has provided tutoring and commented this is a title one school. Dr. Saltzman
stated he is very proud of his faculty and is very pleased with the success of the school.
Ian Plosker, President of the Delray Beach Youth Council, stated this is the ninth
year for the Delray Beach Youth Council and their goal is to involve the youth and give them a
voice in issues that affect them. Mr. Plosker stated they continue to do this through community
service, by volunteering at the Caring Kitchen, participating in events such as "Paint up Delray"
and the Garlic Festival. The Youth Council also plans and co-sponsors the School Showcase of
the Arts and now teens have the "505" Teen Center which gives teens a safe place to go to
interact. Mr. Plosker stated because of the "505" Teen Center the number of opportunities for
youth to become involved in the community have increased tremendously. Mr. Plosker stated
one goal of the Youth Council is to hold a Youth Forum to get input from the youth of the
community and another goal is to recruit new members to become future leaders. Mr. Plosker
thanked the Commission for their support and invited everyone to visit the "505" Teen Center.
Mayor Perlman stated Dr. Saltzman is a wonderful Principal and Delray Beach is
very fortunate to have such a dynamic leader. In addition, Mayor Perlman stated the
Commission will take Mr. Plosker up on the offer to visit the "505" Teen Center.
At this point, the time being 6:45 p.m., Mrs. Archer left the meeting.
REGULAR AGENDA:
9.A. 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-Judicial
Hearing)
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10/07/03
Mayor Perlman read into the record the City of Delray Beach procedures for
conducting a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearing
items held this evening.
The Deputy City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte communications.
Mr. Levinson stated he had a conversation with Loren Sheffer this afternoon. No other ex parte
communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file 2003-224 into the record.
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. Mr. Dorling stated at that time the Board expressed
some concerns with respect to the metal building and they tabled the elevations and approved
both the landscape plan and the site plan. At its meeting of August 13, 2003, SPRAB
reconsidered the elevations associated with the Class III site plan modification. 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. Mr. Dorling stated the Board felt positive findings with respect to LDR
Section 4.6.18(B)(14) Criteria for Board Action, could not be made and more specifically that
they did not meet (a), (b), and (c) as contained on page one and two in the Site Plan Review and
Appearance Board memorandum report.
On August 28, 2003, the Site Plan Review and Appearance Board action was
appealed by Roger Saberson, attorney for the applicant, based upon the fact that they feel it is
inconsistent with the LDR's and that it is contrary to the weight of the evidence presented at the
meeting of August 13, 2003. Staff recommends that the Commission 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 LDR's subject
to the following three conditions listed on page two of the City Commission documentation.
Roger Saberson, 70 S.E. 4th Avenue (Attorney representing the applicant), stated
the subject request is for a Class III site plan modification for the get-ready building of 3,596
square feet. Mr. Sabemon stated at the SPRAB meeting the primary discussion was the fact that
this was a metal building. Mr. Saberson stated one of the things he believes is a major
consideration is the fact that this building is actually 400 feet from Federal Highway and is
located behind the used car showroom building. Mr. Saberson stated the building will probably
not be visible at all from Federal Highway unless someone is intentionally looking for it. Mr.
Saberson stated both staff and the CRA recommend approval of the request to overturn SPRAB's
decision.
Mark Marsh, 124 N.E. 5th Avenue, Delray Beach (Architect with Digby, Bridges,
Marsh & Associates), stated because the facility is a car wash and get-ready detailing, this type
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10/07/03
of building is appropriate for the use. Mr. Marsh presented pictures of the Swap Shop, Delray
Cycle, and the Jenning's building and stated the proposal is for an open building with one area
contained for a car washing machine. He also noted the building is metal (soft white to match
the rest of the facility) with an awning. Mr. Marsh strongly feels this building is compatible not
only in use but also with what has been allowed in the neighborhood.
Loren Sheffer, 4128 Frances Drive, Delray Beach, owner, stated there are
currently metal buildings surrounding his proposed building and it is approximately 400 feet off
Federal Highway protected from sight by landscaping and signage.
Mayor Perlman stated anyone from the public who would like to address the
Commission regarding the appeal, to come forward at this time.
Jason Bianchini, 2576 Avenue Au Solei, Gulf Stream, stated he lives directly
behind the Volkswagen dealership and although he does not have a problem with the appearance
of facility he expressed concem over the noise. Mr. Bianchini stated every time a new structure
or building is constructed it has an impact on the community. Mr. Bianchini stated as of today,
his family has been awakened almost every night from deliveries being made at the Volkswagen
dealership. Mr. Bianchini asked what is going to be done in the future and if there are any
measures that the City of Delray Beach can take to insure the quality of life in his neighborhood.
Gary Eliopoulos, Chairman of SPRAB, stated at SPRAB's meeting was more of
the public coming forward and speaking with regard to the noise. With regard to the building
being metal, Mr. Eliopoulos feels this building is probably more appropriate then we have seen
in the past, however, it was more so that the building abuts a residential area.
Roger Saberson stated Mr. Sheffer is doing everything possible to be a good
neighbor and SPRAB as well with regard to the conditions of approval limiting the hours of
operation for the building from 7:00 a.m. to 9:00 p.m. and also required that all compressors and
equipment be located within the interior of the building. Mr. Saberson stated the real issue is not
a matter of approving or denying a use but instead is only a building and what the use is going to
be within the building. Mr. Saberson stated this is a premier dealership in Delray and a natural
consequence of being a successful quality dealership is there will be additional buildings and
expansion. Mr. Saberson stated they will be operating to the greatest extent that they can to be a
good neighbor.
Mr. Levinson stated SPRAB should focus on the aesthetics of the building rather
than on the fact of whether it is or is not a metal building.
Prior to the vote, Mayor Perlman asked if Mr. Sheffer is working with the
neighbors nearby to mitigate some situations. Mr. Sheffer stated he has tried very hard by
turning off the compressors and the vehicles that Mr. Bianchini is talking about come from
independent truckers. Mr. Sheffer stated he shares similar concerns as Mr. Bianchini with regard
to the truckers and does not want them on his property either.
Mr. Levinson moved to approve the appeal subject to the three conditions: (1)
that the support posts for the awning be indicated on the site and elevation plans; (2) that the
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10/07/03
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, based upon actual findings made
today with respect to Section 4.6.18(B)(14), seconded by Mr. Costin. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.B. WAIVER REQUEST/COMBINATION OF ADJOINING LOTS: Consider a
waiver request to Land Development Regulations (LDR) Section 4.1.4(C) which requires the
combination of adjoining 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.
12th Street between north Swinton Avenue and N.E. 2"d Avenue (102 NE 12th Street). (Quasi-
Judicial Hearing)
The Deputy City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte communications.
Mr. Levinson stated he spoke with Gary Eliopoulos. No other ex parte communications were
disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file 2003-361 into the record.
Mr. Doffing stated the waiver request 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
feet in width or the minimum square footage of 9,500 square feet. The lot measures 50' x 140'
and is 7,000 square feet in area and is currently owned by the adjacent property owner.
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, adjacent
to the owner's current residence (106 N.E. 12th Street). Mr. Dorling stated given the consistency
of this request with respect to the prevailing development pattern, there is a precedent to support
the waiver for the approval of Lot 9.
At its meeting of October 1, 2003, the waiver request for Lot 9, Block 6 was
reviewed by the Historic Preservation Board and they recommended approval of the waiver.
Mayor Perlman stated anyone from the public who would like to address the
Commission regarding the waiver request, to come forward at this time. No one from the public
came forward to address the Commission regarding the waiver request.
Mr. Costin moved to approve the waiver to LDR Section 4.1.4(C) to allow the
development of Lot 9, Block 6, Del Park at 102 N.E. 12th Street, the Amelung House, based upon
positive findings with respect to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mr. Costin - Yes; Mr. Levinson - Yes; Ms.
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McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.C. CONDITIONAL USE REQUEST/EXCEL RESTAURANT: Consider a
request for conditional use approval to allow the establishment of a 24~Hour or Late Night
Business to be located within 300 feet of rasidentially-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 Hearing)
Mayor Perlman asked the Commission to disclose any ex parte communications.
Mayor Perlman stated he had a conversation with Police Officer Brady Myers and Captain
Musco. No other ex parte communications were disclosed.
The Deputy City Clerk swore in those individuals who wished to give testimony
on this item.
Paul Dorling, Director of Planning and Zoning, stated staff has met with the
applicant regarding this and the result of the meeting was that the applicant has agreed either to
submit a revised floor plan as it relates to the proposed conditional use request, or to modify the
conditional use request.
Mayor Perlman stated anyone from the public who would like to address the
Commission regarding the conditional use request, to come forward at this time. No one from
the public came forward to address the Commission regarding the conditional use request.
Mr. Costin moved to approve to postpone consideration of the conditional use
request to a date certain of November 4, 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. Said motion passed with a 4 to 0 vote.
9.D. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/ATLANTIC PLACE: Consider an appeal of the Site Plan Review and
Appearance Board's action regarding the 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. (Quasi-Judicial Hearing)
The Deputy City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte communications.
Mayor Perlman stated he spoke with Michael Weiner. No other ex parte communications were
disclosed.
Paul Doffing, Director of Planning and Zoning, entered the Planning and Zoning
Department project file 2003-317 into the record.
Mr. Doffing stated this item went before SPRAB and two conditions were
eliminated. Staff requested that parallel parking spaces be provided along the Gleason Street
right-of-way in a manner consistent with those in the Venetian Drive right-of-way. Staff asked
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10/07/03
that an additional five feet be provided along Gleason Street and that on-street parking be
provided. Mr. Dorling stated staff is requesting the Commission modify the SPRAB conditions
to include the parking and the sidewalk as shown in Exhibit "1". Mr. Dorling noted for the
record that there is a ten day appeal period for those conditions and the applicant was initially
concerned that this action would prohibit him from exercising his rights should he want to appeal
any of the other conditions.
Jason Mankoff, Weiner & Aronson, representing the applicant, stated they accept
these limited conditions and reserve all rights.
Mr. Levinson moved to approve the appeal granting the conditions as set forth on
pages 1 & 2 of the City Commission documentation and as shown on Exhibit "1" pursuant to
LDR Section 4.6.9(E)(3)(e) and LDR Section 6.1.3(B)(2), seconded by Mr. Costin. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Heatings portion of the agenda.
10.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 north, south or east of any municipal beach site. Prior to consideration
of passage of this ordinance on Second and FiNAL Reading, a public heating has been scheduled
to be held at this time.
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
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AND PARASAILING ON THE MUNICIPAL BEACH SITE
AND PROHIBITiNG KITE-FLYiNG AND WINDSURFING
EXCEPT IN DESIGNATED AREAS; PROVIDING A
SAVINGS 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. A public heating was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public heating open. There being no one who
wished to address the Commission regarding Ordinance No. 39-03, the public hearing was
closed.
Mr. Levinson asked Terrill Pybum, Assistant City Attorney, to thank the
paragliders and hang-gliders for their support and assistance with drafting this ordinance.
Ms. McCarthy moved to adopt Ordinance No. 39-03 on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 37-03: An ordinance mending the Land Development
Regulations, Section 4.3.3(S), "Telecommunication Towers and Antennas", to reflect recent state
law changes. Prior to consideration of passage of this ordinance on Second and FINAL Reading,
a public heating has been scheduled to be held at this time.
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.)
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10/07/03
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the proposed text
amendments are to modify LDR Section 4.3.3(S) "Telecommunication Towers and Antennas" to
achieve consistency with the new State laws.
At its meeting of September 15, 2003, the Planning and Zoning Board held a
public hearing regarding this item and after discussing the amendment, the Board voted 6-0 (Jess
Sowards abstained) to recommend 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.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 37-03, the public heating was
closed.
Mr. Costin moved to adopt Ordinance No. 37-03 on Second and FINAL Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4
to 0 vote.
10.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. Prior to consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 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; ADMINSTRATIVE
PENALTY," SECTION 73.04, "ADMINISTRATIVE PENALTY;
COSTS," SECTION 73.05, "RETURN OF THE VEHICLE
PRIOR TO ADMINSTRAT1VE 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,
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10/07/03
"ADMINISTRATIVE FEES", PROVIDING FOR PAYMENT TO
POLICE DEPARTMENT LAW ENFORCEMENT TRUST
FUND; PROVIDING A SAVINGS 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. 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.
The City Attorney stated staff recommends denial of the ordinance and suggested
that the Commission may want the Legislative Delegation to review this issue because she
believes the State Statute allows for municipalities to have an administrative proceeding with
regard to these kinds of things.
Mayor Perlman declared the public hearing open. There being no one who
wished to address the Commission regarding Ordinance No. 34-03, the public hearing was
closed.
Mr. Costin moved to adopt Ordinance No. 34-03 on Second and FINAL Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - No;
Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No. Said motion was denied with a
4 to 0 vote.
10.D. ORDINANCE NO. 33-03: An ordinance amending Chapter 71, "Parking
Regulations" of the City Code of Ordinances by repealing Sections 71.070 - 71.073 and enacting
new Sections 73.15 73.18, to provide clarification for the impoundment of
unattended/abandoned vehicles. Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 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 BEACH,
FLORIDA, BY REPEALING SECTIONS 71.070 THROUGH
71.073 IN THEIR ENTIRETY AND ENACT1NG 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
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10/07/03
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
EFFECTIVE DATE.
(The official copy of Ordinance No. 33-03 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. 33-03, the public hearing was
closed.
Ms. McCarthy moved to adopt Ordinance No. 33-03 on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior concern expressed by Mary Alford concerning the
placement of mailboxes on some rental property she owns, the City Manager stated the Post
Office is attempting to get all mailbox locations changed to meet their regulations, and they
proceed with the change when a new postal customer moves into an address. The City Manager
stated in this case a new tenant moved into 145 N.W. 14th Avenue, one of the two addresses at
the duplex Ms. Alford owns. The City Manager stated there is a mixture of mailbox placement;
140 & 144 have mailboxes out by the road as do 129 &131. In the 200 block of N.W. 14th
Avenue, there are also many mailboxes out by the road. The City Manager stated staff has
suggested that Ms. Alford change the mailbox for 145 & 147 N.W. 14th Avenue to meet U.S.
Postal regulations, and move the mailbox out by the road so the postal carder does not have to
exit the vehicle. If the mailbox is properly placed, the postal carder will not be driving on the
swale, only on the street. The City Manager stated this is being enforced whenever there is a
change in ownership or a change in tenants.
Secondly, with regard to a concern expressed about the roofing conditions at
Imperial Villas, the City Manager stated on February 6, 2003, the initial permit application was
received and issued by the Building and Inspection division. The City Manager stated the
application indicated the roof slope to be 4 in 12. Re-roofing permit applications are a "walk-
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1~07~3
through process" meaning the applicant with appropriate and adequate information walks out
with the permit in hand. This department relies on the information provided and places the onus
on the applicant to provide accurate information. This process was repeated many times as each
building was required to have a separate permit. At some point in the middle of the re-roofing
being done, the City Manager stated staff received a telephone call from a member of the
Imperial Villas Association stating that the applications had been misrepresented and the actual
roof slope was 3 in 12. The difference is not visible to the inspector's eye, and staffvefified the
slope by reviewing the original plans from the microfilm files. By Code, any roof slope less than
4 in 12 is required to have additional consideration for underlayment. The City Manager stated
there were several meetings between the association, their consultant, and attomey to determine
the best way to correct the deficiencies. The consensus from the last meeting was to have been
put into an agreement format by their attorney. The City Manager stated staffissued a stop work
order on all the repairs in the meantime. The City Manager stated several months passed without
heating from the association's attomey and the roofing contractor, at his own discretion, started
back on the job this time utilizing the appropriate underlayment and to date is calling inspections
as needed. The City Manager stated staff has taken the position that no final Certificates of
Occupancy will be issued until this matter is resolved. Staff has consulted with the City
Attorney's office and notified the association and their attomey in writing.
ll.B.
From the Public.
ll.B.1. Rich McGloin~ 2275 N. Swinton Avenue~ Deiray Beach~ stated the Commission
is overloaded with demands that are placed on them which he believes is causing a problem
during the Election cycle. Mr. McGloin stated he feels the City will not be able to get quality
people to fill the seats for which the current Commission has set the standard. Mr. McGloin
suggested the Commission place this issue on a Workshop agenda for discussion to see what
needs to be changed in the Charter with regard to the Mayor and City Commission seats because
he feels it is imperative for the City's future.
ll.B.2. Rita Ellis~ 512 Andrews Avenue~ Delra¥ Beach (also a business owner of 1900
McNab Avenue~ Delra¥ Beach)~ speaking as Chair of the Downtown Development Authority,
stated tonight a meeting was held at the library with regard to the "Clean and Safe Program" that
the Downtown Development Authority (DDA) has been working on for approximately three
years. Mrs. Ellis stated in connection with that, the DDA has put together a hospitality resource
panel that deals with clean and safe issues within the City and the DDA district. Mrs. Ellis
commended the Police Chief and his staff for their awesome presentation and stated the City
Boards are doing a fantastic job.
Mayor Perlman commented in order to have a vibrant downtown it has to be clean
and safe. Mayor Perlman stated the City shares the same goal as the DDA and he appreciates
everything Mrs. Ellis is doing.
11.B.3. Jim Smith~ 1225 S. Ocean Boulevard~ Delra¥ Beach~ stated tomorrow is "Walk
a Child to School Day" at Pine Grove Elementary School and noted this is the second
consecutive year for perfect attendance. Mr. Smith stated this is the largest City participation
group which will be comprised of City employees and he feels this not only says a lot for the
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10/07/03
City employees but also speaks for the leadership of Delray. Mr. Smith briefly reviewed a few
minor changes in the program for tomorrow.
At this point, the time being 7:25 p.m., the Commission moved to Item 9.E. of
the Regular Agenda.
9.E. WORLDWIDE ENTERTAINMENT~ INC.: Consider authorizing staff to
negotiate an agreement with Worldwide Entertainment, Inc. for the promotion of concerts at the
Delray Stadium.
The City Manager stated the City received an expression of interest from
Worldwide Entertainment, Inc. in producing a series of concerts at the stadium. The City
Manager stated staff is in agreement with the proposal as outlined and noted Worldwide
Entertainment, Inc. proposes to do five events in the first year and they would take care of all the
out-of-pocket costs and the stadium would be given to them rent free during that time period.
After that, the City Manager stated they would begin paying fees for the use of the facility. The
City Manager stated Worldwide Entertainment, Inc. has a good track record with successfully
promoting events and recommends authorizing staff to proceed to negotiate an agreement to
cover the first year.
Mr. Levinson stated he spoke to Jay Baron with Worldwide Entertainment, Inc. is
highly recommended and has a good reputation for completing successful shows. However, Mr.
Levinson expressed concern over #7 in the letter where it reads as follows: "The Producer will
have the exclusive during the term of the more formal agreement 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." Mr. Levinson
stated he would recommend that this not be required but optional.
Brahm Dubin stated Worldwide Entertainment, Inc. will help promote the events
as needed.
Mr. Costin echoed the same concerns as Mr. Levinson and stated he does not
want this to infringe upon any successful events that are presently being managed in an
appropriate way.
Mayor Perlman asked for clarification and expressed concern over #2 in the letter
where it reads as follows: "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." Mayor Perlman asked for
clarification as to whether the security includes the City's costs or if Worldwide Entertainment is
providing the security. The City Manager stated the security includes the City's costs for Police
and Fire.
Prior to the vote, Mayor Perlman stated he agrees with the City Manager that it is
important to establish the venue as a viable concert facility and he is excited to see someone with
the extensive track record that they have.
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10/07/03
Mr. Levinson stated this will hopefully help the City to go back and recycle some
&the contacts the City has for naming rights.
Mr. Costin moved to approve to authorize staff to negotiate an agreement with
Worldwide Entertainment, Inc. subject to the recommendations expressed by the Commission
with regard to #7 being optional not required, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote.
9oFo
CANCELLATION 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-Kem 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).
The City Attorney stated any cancellation of the contract would be subject to the
City of Delray Beach providing Shannon Chemical Corporation between seven and thirty days
notice.
Dan Beatty, Deputy Director of Public Utilities, stated when staff discovered
problems with Shannon Chemical Corporation, they received authorization fi'om the Purchasing
Department to go to the second low bidder. Mr. Beatty stated staff experienced similar problems
with the other two vendors as they did with Shannon Chemical Corporation whereas they failed
to pickup samples to test the water so they could come up with the proper dosage of poly
phosphate. Mr. Beatty stated when staff contacted Stiles-Kern they delivered the product as they
said they would and it is working well with the treatment process.
Ms. McCarthy moved to approve the cancellation of the contract with Shannon
Chemical Corporation, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -.Yes; Mr. Levinson - Yes.
Said motion passed with a 4 to 0 vote.
Ms. McCarthy moved to approve to re-award the contract to Stiles-Kem Division
for purchasing and delivery ofpoly phosphate for the Water Treatment Plant, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.G. AMENDED AND RESTATED LICENSE AGREEMENT/PILGRIM
BELLE CRUISES: Consider approval of the amended and restated license agreement for
Pilgrim 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 trips.
Brian Shutt, Assistant City Attorney, stated in July 2003 the Commission
approved the assignment from the Ramblin Rose to Pilgrim Belle Cruises and at that meeting Joe
Reardon, President of Pilgrim Belle Cruises, L.L.C. outlined the fact that he would like to bring
another boat to Delray to provide "ECO Tours" and fishing trips to local school children to
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1~07~3
provide an educational classroom for the marine environment.
Mr. Shutt stated the agreement has been revised to include language regarding
the "Eeo Tours" and the fishing excursions.
The City Attorney noted there are 500 additional free passes to local school
children for the "Eeo Tour".
Mayor Perlman suggested that these passes be handled through the Education
Board so that there is equitable distribution among the local schools.
Mr. Costin moved to approve the amended and restated license agreement for
Pilgrim Belle Cruises, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes.
Said motion passed with a 4 to 0 vote.
9.H. SPECIAL EVENT REQUEST/OLD SCHOOL SQUARE CONCERT
SERIES: Consider approval of the proposed Old School Square Concert Series to include
rescheduling of the December 12, 2003 date, to be held at the pavilion 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(H) 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.
The City Manager stated Police Chief Schroeder has been working with Joe Gillie
regarding the December 12th date and the Police Department is withdrawing their objection to
the December 12th date.
Mr. Levinson moved to approve all dates for the Old School Square Concert
Series, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with
a 4 to 0 vote.
Bond issue.
STEERING COMMITTEE: Appoint promotional steering committee for Parks
The City Manager asked for direction from the Commission with regard to the
number of members for the Steering Committee and stated staffneeds to start getting this group
in place so that they can assist in promoting the Parks Bond issue. The City Manager stated he
has forwarded a few names to the City Commission from soccer and Little League that are very
interested in helping.
Mr. Levinson suggested to recruit former Mayors of Delray Beach to be co-chairs
of the committee and stated this should be a high profile group to support this and then the
Commission should look for others such as the City Manager recommended. Mr. Levinson
stated by doing this the right way, the City can save a lot of money and insure a much greater
-19-
10/07/03
rate of success.
Mr. Costin stated it is important to generate a lot of support in the western areas
because this is for a western commtmity center as well. Furthermore, Mr. Costin stated there
needs to be a large voter turnout and support from these individuals as well.
Ms. McCarthy stated she would like to expand the Steering Committee to former
elected officials because she feels the west corridor has been very enthusiastic about this for
years.
Mayor Perlman concurred with comments expressed by Mr. Levinson and Ms.
McCarthy and stated he has thrown the idea out to a few people who seem very interested and
there are also some key people in each neighborhood who can get the voters out. Mayor Perlman
stated he would like to see the Commission get professional help in helping them craft the
message and look at voter files to see what the voter turnout has been for these kinds of things
and possibly assist with telephone calls as well. Mayor Perlman suggested that there be some
private fundraising for educational purposes.
The City Manager stated Ivan Ladizinsky, Public Information Officer, has been
coordinating the scheduling and commented he has received a few proposals with regard to
receiving some assistance.
Mayor Perlman asked Mr. Weldon if there is a log with names and telephone
numbers of those people who attended the Master Plan meetings because the Commission can
contact them and explain this is their vision and the Commission needs their help. Mr. Weldon
stated he does not have this information but will try and find out.
The City Attorney stated November 20, 2003, is when the certified ballot
questions have to be sent to the Supervisor of Elections and each ballot question is limited to 75
words per question.
The City Manager suggested that the Steering Committee consist of
approximately 15 members.
Mr. Costin supports writing a letter to the former elected officials. In addition,
Mr. Costin feels a leader of the group needs to be identified as well and suggested contacting
Leon Weekes.
Mayor Perlman suggested that each Commissioner come back next week with
three names in mind.
Mr. Levinson inquired whether a letter can be written through City staff that can
be sent to former elected officials asking them to be part of the Steering Committee.
Mayor Perlman suggested contacting former Mayor David Schmidt and also
commented the Committee should be diverse.
-20-
10/07/03
Ms. McCarthy stated when the letter is complete it would be beneficial to know
the mailing date so that if the Commission can have personal contact as well.
Mayor Schmidt asked who the primary contact person will be. The City Manager
stated with regard to the communications Ivan Ladizinsky will be the primary contact person and
Joe Weldon is also very much involved.
The Commission agreed the correspondence should inform people that the City
Commission would like them to serve on the Steering Committee and if they agree to serve, to
contact the City Manager's office and express their interest.
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.
This item has been postponed until the regular meeting of October 21, 2003.
AMENDMENT NO. I/TRIPARTITE AND INTERLOCAL AGREEMENT:
Consider approval of Amendment No. 1 to the Tripartite and Interlocal 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.
The City Attorney stated this is an amendment allowing staff an additional 30
days to review the appraisals for the library.
Mr. Costin moved to approve Amendment No. 1 to the Tripartite and Interlocal
Agreement between the City and the Delray Beach Community Redevelopment Agency (CRA),
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -Yes. Said motion passed with a 4
to 0 vote.
FIRST READINGS:
12.A. ORDINANCE NO. 21-03: An ordinance amending Chapter 99, "Noise Control"
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.
The caption of Ordinance No. 21-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMEND1NG CHAPTER 99,
"NOISE CONTROL", OF THE CODE OF ORDINANCES OF
-21-
10/07/03
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 SIMILAR 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.
(The official copy of Ordinance No. 21-03 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. 21-03 on FIRST Reading, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0
vote.
12.B. 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 (E), to allow a member of a City Board to also serve on the
Neighborhood Advisory Council. If passed, a public hearing will be scheduled for October 21,
2003.
The caption of Ordinance No. 40-03 is as follows:
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
-22-
10/07/03
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 40-03 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Prior to the vote, Mayor Perlman stated he feels this gives the City some
flexibility.
Mr. Levinson moved to approve Ordinance No. 40-03 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman -
Yes; Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4
to 0 vote.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. Citv Manager.
The City Manager introduced Mr. Harry Hamilton the new Human Resources
Director.
Secondly, the City Manager stated although the provisions of House Bill l13A
would not go into effect until July 2004, if a $200 fee for filing municipal code violations is
applied, the projected cost to the City would be $31,800 a year. The City Manager stated this
amount does not include any charges the Sheriff's office may impose should any of the arrestees
be sentenced to jail time. The City Manager stated this is the minimum the City can expect for
additional costs and commented this does include "Notices to Appear".
13.B. City Attorney.
The City Attorney stated she spoke with Cathy Kozol, Police Legal Advisor, who
attended the Florida Association of Police Attorney's (FAPA) seminar and noted they are talking
about perhaps processing these through Code Enforcement Boards but these cases are often
arrests that give probable cause or reasonable suspicion that other things are happening.
Mayor Perlman stated this is going to be a top priority in the Florida League of
Cities upcoming session.
Mr. Levinson stated there was discussion at a Workshop Meeting with regard to
Amendment V, reviewing the possibilities of participating with Boca Raton and Boynton Beach
maybe in a subsidized position that the State's Attorney could prosecute local ordinances.
Mayor Perlman stated there is actually a provision that prohibits it as he understands it.
-23-
10/07/03
The City Manager stated he originally planned to be at the "Walk a Child to
School Day". However, due to the League of Cities Board Meeting being rescheduled earlier,
the City Manager stated he will not be able to go.
13.C.
13.C.1.
13.C.2.
13.C.3.
Ci,ty Commission.
Commissioner Costin
Mr. Costin had no comments or inquiries on non-agenda items.
Commissioner McCarthy
Ms. McCarthy had no comments or inquiries on non-agenda items.
Commissioner Levinson
Mr. Levinson stated Mrs. Archer asked him to raise the issue of outdoor dining
and noted many restaurants have added outdoor dining and new restaurants are adding outdoor
dining as a way to provide smoking areas and commented that the City currently does not
provide parking for these outdoor dining areas. Mr. Levinson stated Mrs. Archer would like staff
to review.
Mr. Levinson expressed concern over the alleyway between City Oyster and
Bru's restaurant and stated there is a constant stream of dirty water trailing down the alleyway
into N.E. 2nd Avenue. Mr. Levinson suggested one solution to this issue would be to cut a trough
across with a grade so that any of the water flowing down only makes it a third of the way down
the alley, and then it is captured so it is not out on the street.
13.C.4.
Mayor Perlman
Mayor Perlman stated he had the opportunity to be the co-chair of the "Light-the-
Night Walk" at Mizner Park in Boca Raton last week. Mayor Perlman stated the event was to
raise money for cancers of the blood and commented it was a very moving experience.
Secondly, Mayor Perlman reminded everyone that the "Mammo Van" will be
here tomorrow between 9:00 a.m. - 12:00 noon. Mayor Perlman thanked Ivan Ladizinsky,
Public Information Officer, for getting some good publicity regarding this and stated this was in
the Dekay/Boca News today.
Mayor Perlman stated he and Mr. Levinson had the opportunity to attend the
opening session of the Residents Academy and stated this is a great program.
Mayor Perlman stated Norbert Poli a member of WARC was in a very serious
motorcycle accident over the weekend. Mayor Perlman stated Norbert Poli had to have a leg
amputated and is at the trauma unit at St. Mary's Hospital.
-24-
I~07~3
At this point, the time being 8:15 p.m., Mayor Perlman adjourned the Regular
Meeting and moved to Item 14, Closed Attorney/Client Session.
14_..~. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the
case of James Tylke v. the City of Delray Beach, Florida.
Attendees:
Mayor Jeff Perlman
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
Purpose:
Discuss settlement negotiations and strategy related to
litigation expenditures in the above case.
Mayor Perlman read the following statement into the record: "The City has
scheduled a closed attorney-client session pursuant to 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 Perlman, Commissioners 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 this point, the time being 8:40 p.m., Mayor Perlman reconvened the Regular
Meeting and announced that the Closed Attorney/Client Session was terminated.
15~ SETTLEMENT OF TYLKE V. CITY OF DELRAY BEACH: Consider
settlement of the referenced matter.
Mr. Costin moved to deny the settlement of Tylke v. City of Delray Beach,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion to deny passed
with a 4 to 0 vote.
There being no further business, Mayor Perlman declared the meeting adjourned
at 8:45 p.m.
City Clerk
-25-
10/07/03
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 October 7,
2003, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they are not
the official Minutes of the City Commission. They will become the official Minutes only after
review and approval which may involve some amendments, additions or deletions as set forth
above.
-26-
10/07/03
SPECIAL MEETING
OCTOBER I4, 2003
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 P.M.,
Tuesday, October 14, 2003.
Roll call showed:
Present-
Commissioner Patricia Archer (Arrived 6:03)
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent- None
Also present were -
City Manager David T. Harden
City Attorney Susan A. Ruby and
City Clerk Barbara Garito
Mayor Perlman called the meeting to order and announced that it had been called for the purpose of
considering the following item:
PROPOSAL FOR SETTLEMENT IN JAMES TYLKE v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the amount of $25,000.00 in James Tylke
v. City of Delray Beach.
Susan Ruby, City Attorney informed the Commission that the plaintiff has agreed to pay the City
$25,000 in attorney's fees and cost and will not go forward with an appeal of this case. It is
estimated that the City's costs are approximately $70,000. In addition, should an appeal be made
in this case it is estimated that there could be an additional cost of approximately $40,000.
Mr. Levinson moved to accept the offer wherein the plaintiff agrees to pay the City $25,000,
seconded by Mr. Costin. Prior to the vote Mayor Perlman passed the gavel to Vice Mayor
Levinson and proposed a counter offer of $45,000 payable by the plaintiff to the City. This
modified motion in the amount of $45,000 was acceptable by Mr. Levinson and Mr. Cos/in.
Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Costin -
Yes: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion of
a counter offer of $45,000 payable by the plaintiff to the City was approved 5-0.
Mayor Perlman declared the Special Meeting adjourned at 6:05 p.m., at which time the
Commission convened to the regnl~rly scheduled Workshop Meeting.
ATI'EST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Special Meeting of the City Commission held on
October 14, 2003, which Minutes were formally approved and adopted by the City Commission on
October 21, 2003.
city C erk
TE T · If the Minutes you have received are not completed as indicated above, this
means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
-2-
[IT¥ OF DELlilW BE#IH
1993
100 N.W. ls1 AVENUE DELRAY BEACH FLORIDA 33444
PROCLAMATION
561/243-7000
WHEREAS, as a child Russell Earl "Buchy" Dent had a dream, he dreamt
that some day he would hit a home nan to win something. As a youngster his favorite team
was the New York Yankees, and his favorite player was Mickey Mantle; and
WHEREAS, as a young athlete, Bucky participated in Little League and
American Legion programs. He phyed baseball, basketball, and earned AU-State honors in
football at Hialeah High School, graduating in the Class of 1969; and
XVHEREAS, in 1970, Bucky earned AU-American honors at Miami Dade
North Junior College, and began his major league career as a shortstop in 1973 with the
Chicago White Sox, and was traded to the New York Yankees in April of 1977; and
WHEREAS, Bucky complied a .247 average in 1392 games over 12 seasons
with the Chicago White Sox (1973-76), New York Yankees (1977-1982), Texas (1982-83),
and Kansas City (1984); and
WHEREAS, Bucky was a 3-time American League All-St~r (1975-80-81),
had a career fielding percentage of .976, and lead the American League Shortstop in fielding
3 times, 1975 (.981), 1980 (.982) and 1983 (.979). Mr. Dent played on 4 American League
East Champion Teams with the Yankees between 1977 and 1981, and on October 2, 1978,
Bucky hit the game winning 3-run homer ia the 7~' inning offBoston's Mike Tolxez in the
Division Playoff game over Fenway Park's Green Monster. Bucky had hit his dream
home run; and
WHEREAS, Mr. Dent went on to construct a baseball training school in
Delray Beach, Florida, featuring a replica of the Green Monster, and replayed the feat with
an obliging Mike To~xez at the opening of the field in 1989.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Defixy
Beach, Florida, do hereby honor the
'fwI~NTY-FIFTH ANNIVERSARY
of BUCKY DENT'S child.hood dream of one day hitting a home run and winning
something[ He is truly a fine example for upcoming baseball players to follow their dreams
and work hard to make theix dreams come true.
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 21" day of October, 2003.
WHEREAS, the Delray Beach Orchid Sodety, founded in 1974, is affiliated
with the American Orchid Society and shares the purpose of promoting the
enjoyment of and education concerning orchids, as well as their conservation and
preservation in the wild in all areas of the globe; and
WHEREAS, the Delray Beach Orchid Sodety will hold it's 13~ Annual Show
on October 31' and November 1~ and Wa, 2003, in the Old School Square
gymnasium; and
WHEREAS, the theme of this year's show is: "ORCHID ODYSSEY~' to
encourage each person to advance their individual adventure while sharing the beauty
of orchids; and
WHEREAS, participating vendors and individual hobbyists will enter displays
depicting the show's theme and the orchids will be judged by American Orchid
Society judges; and
WHEREAS, the Delray Beach Orchid Society's annual show is regarded as
one of the finest in the State of Florida.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby encourage all citizens to
attend and support the
DELRAY BEACH ORCHID SOCIETY'S 13TM ANNUAL SHOW
"ORCHID ODYSSEY"
to be held at the Old School Square gymnasium on October 31' and November 1'
and 2ha, 2003.
IN WITNESS wHEREOF, I have hereunto set my hand and mused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 21s' day of
October, 2003.
JEFF PERLMAN
MAYOR
Delray Beach Orchid Society
P.o. Box1083
Delray Beach, Florida 33447
Jeff Perlman, Mayor
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Flodda 33444
Subject: Proclamation Supporting the Delray Beach Orchid Society Show
Dear Mr. Pedman:
In the past, Mayor Schmidt has been so kind as to issue a proclamation supporting the
efforts of the Delray Beach Orchid Society to support local charities and to educate the
public regarding the beauty of nature and in particular Orchids
I would like to ask you to continue this extension of good will. Enclosed is a draft of a
proclamation supporting the annual show. We would appreciate it if you would issue this
proclamation in support of our efforts.
Each copy of our Show Program will prominently feature a copy of the proclamation.
Please let me know when the proclamation will be read so that I can be in attendance.
Thanks ever so much for making our city so great.
Love those Orchids
Julia E. Hamner
Show Chairman
561-496-3186
Enclosure
City Of Delray Beach
PROCLAMATION
WItEREAS, the Delray Beach Orchid Society, founded in 1974, will hold
it's 13th Annual Show, October 31 ~t and November 1 st and 2nd, 2003, in the Old
School Square Gymnasium; and
WHEREAS, the statement of purpose of the Delray Beach Omhid Society
is to stimulate interest, provide education and enable exchange of information
among those interested in the culture of orehids, in all it's aspects; and
WHEREAS, the Delray Beach Orchid Society's annual show is regarded
as one of the finest in the state; and
WHEREAS, this year's theme, "ORCHID ODYSSEY", seeks to
encourage each person to advance their individual adventure while sharing the
beauty of orchids; and
WHEREAS, participating vendors and individual hobbyists will enter
displays depicting the show's theme and the orchids will be judged by American
Orchid Society judges.
NOW, T1/F~REFORE, I, JEFF PERLMAN, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, do hereby encourage all
citizens to attend and support the
DELRAY BEACH ORCltlD SOCIETY'S 13TM ANNUAL SHOW
"ORCHII} ODYSSEY"
to be held at the Old School Square gymnasium on October 3 lth, and November
and 2ha, 2003.
IN WITNESS WltEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this day of
September, 2003.
JEFF PERLMAN
MAYOR
[IT¥ I)F DELRR¥ BERgH
100 N.W 15t AVENUE DELRAY BEACH :LORIDA 33444
PROCLAMATION
1993
WHEREAS, the City of Delray Beach would like to honor The School District of
Palm Beach County and its Superintendent Dr. Art Johnson for their dedication and
commitment to excellence in education; and
561/243-7000
WHEREAS, The School District of Palm Beach County has designed a
curriculum that meets all of its students needs in an environment that fostem student
achievement; and
WHEREAS, under the leademhip of Dr. Art Johnson, Delray Beach public
schools have experienced a significant improvement in student academic achievements
and gains on the Florida Comprehensive Achievement Test (FCAT); and
WHEREAS, the City of Delray Beach public schools including Atlantic
Community High School, Banyan Creek Elementary School, Carver Community Middle
School, Delray Full Service Center, Morikami Park Elementary School, Orchard View
Elementary School, Pine Grove Elementary School, Plumosa Elementary School, S.D.
Spady Elementary School, and Village Academy Elementary School, should be
commended on their hard work and dedication which increased their academic
achievements on the FCAT; and
WHEREAS, the students of these schools have demonstrated their ability to
read, write and compute with an outstanding performance on the FCAT, which is
attributed to the dedication of the School District and community including the
Principals, staff, parents, and business partners from both the public and private
sectors; and
WHEREAS, the City of Delray Beach will continue to be a strong partner and
supporter of The School District of Palm Beach County in all of its efforts to provide
quality education to its students.
NOW, THEREFORE, I JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission and the Citizens of Delray Beach, do hereby
extend our appreciation to:
IN THE WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 21st day of October
2003.
MAYOR
LoC_
THE EFFORT ALWAYS MATTERS
Message Page 1 of 1
Kucmerowski, Carolanne
From: Meeks, Janet
Sent: Wednesday, October 15, 2003 12:35 PM
To: Kucmerowski, Carolanne
Subject: Proclamation
Carolanne:
Here is the Proclamation for Tuesday nights meeting. I was still hoping to get it framed before Tuesday if we can
get the Mayor to sign it. I was also hoping that we could make the font large enough so that the text fits most of
the legal size page or we need to center it so when it is framed it looks symmetrical. I will also need 10 additional
copies to hand out to each school. Please call me if you need any help or have any questions. Thanks ever so
much!
Janet
10/15/2003
[lTV OF DELRI1¥ BEIIEH
CITY ATTORNEY'S OFFICE
1993
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
DATE: October 14, 2003
TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed
The following easement deed will allow utilities from Bexley Park to connect to an
existing lift station located in "The Colony" development.
By copy of this memo to David Harden, our office requests that this item be placed on the
October 21, 2003 City Commission agenda for acceptance.
Please call if you have any questions.
Attachment
cc: David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this ~. day of ~tac4~E~20~j by and between
THE COLONY AT DELRAY*, with a mailing address of c//o T~he Holiday Organization*? party
of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of
Florida, party of the second pa~: *BEACH HOMEOWNERS ASSOCIATION, INC., a FL corp. not-for-profJ
~'400 Post Avenue, Westbury, NY 11590
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable ennsiderafions, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of public
utilities with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such utilities well under, across, through and upon, over, under or within the following
described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or effect any other kind of construction or improvements upon the above-
described property (sidewalks, drives, parking areas, and curbing, however are allowable).
It is understood that upon completion of such construction, all lands disturbed thereby as
a result of such constxuction performed thereon, will be restored to its original or like condition
without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1:
(name printed or typed)
(name printed or typed)
THE COLONY AT DELRAY BEACH HOMEOWNERS
PARTY OF THE FIRST.PART ASSOCIATION, INC.
Title:. President and Director
STATE OF _~.
COUNTY OF ~
~t~2~. ,he f?regoing instrument was acknowledged before me this-~,~y of
200_3 by ~-~//~,~/ _.~o/-~_.. (name of officer or agent), of
THE COLONY AT DELl*AY _BEACH* (name of corporation).,,4, F.j_I..QX/~ (State or place of
incorporation) corporation, on behalf of the corporationk,,~She is.~oJl~3aJl~ll~e or
has produced (type of id~at~ did~did
not takeanoat~. /. z~' Q~'~..,~--
State of _.,~-/~...
(SEAL)
*HOMEO~NERS ASSOCIATION, INC,
NOTARY PUBLIC
STATE OF FLORIDA
ALISON FEHSAL
MY COMM;~SION # DD006768
EXPIRES: MARCH 2.5, 2005
2
EXHIBIT "A"
Surveying and Mapping
T~: (561) 2~
Fax: (561) 241-5162
SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY)
UTILITY EASEMENT ~ VVINTERPLACE A P.U.D.
LEGAL DESCRIPTION:
A PORTION OF TRACT C, "WINTERPLACE A P.U.D.", ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 89 AT PAGES 179 THOUGH
181, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT C;THENCE
NORTH 89" 27'46" WEST, ALONG THE SOUTH LINE OF SAID TRACT C,A
DISTANCE OF 20.O1 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
NORTH 89" 27'46" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 30.01
FEET; THENCE NORTH 00°58'27'' WEST, A DISTANCE OF 27.01FEET; THENCE
SOUTH 89° 27'46" EAST, ALONG THE SOUTH LINE OF A LIFT STATION
EASEMENT, AS SHOWN ON SAID PLAT, A DISTANCE OF 30.01 FEET; THENCE
SOUTH O0°58'27'' EAST, A DISTANCE OF 27.01 FEET TO THE POINT OF
BEGINNING.
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA.
NOTES
1. REPRODUCTIONS OF THIS SKETCH
ARE NOT VAI_ID WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
2. NO SEARCH OF THE PUBLIC RECORDS
WAS MADE IN THE PREPARATION OF
THIS SKETCH AND DESCRIPTION.
3. BEARINGS SHOWN HEREON ARE
BASED ON THE SOUTH LINE OF
WlNTERPLACE A P.U.D., HAVING A
BEARING OF NORTH 89'27'46" WEST,
ACCORDING TO SAID PLAT.
CERTIFICATION
IHERERY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND
DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
DIRECTION.
FLORIDA LICENSE NO. LS5111
LAST DATE OF FIELD WORK : NOT A SURVEY
Surveying and Mapping
Tel: (561) 241-9988
Fax: (561) 241-5182
ABBREVIATIONS
L
CONC.
COP,
D
SKETCH AND LEGAL DESCRIPTION
ARCLENGTH (NOT A SURVEY)
CONCRETE
CORNER
DELTA (CENTRAL ANGLE)
DRAINAGE EASEk~NT
IRON ROD
IRON ROD AND CAP
LICENSED BUSINESS
LICENSED SURVEYOR
MONUNI~NT
OFFICIAL RECORDS BOOK
POINT OF BEGINNING
POINT OF COMbI[NCEk~ENT
PLAT BOOK
PALM BEACH COUNTY RECORDS
PAGE
PROFESS]ONAL SURVEYOR
B MAPPER
RIGHT-OF-WAY
UTILITY EASEIv~NT
0
GRAPHIC SCALE
x "WINTERP/ACF A ~.U.a' m m ~ ~ ~
x ' -7' 50 X JO LIFT ~ ~ ~ ~
~ ~ I STATION --~-
~ I PGS. ITg-181) - ~
~ ~ I . i tiE,NWl/4
20 LANDSCAPE BUFFER~ ~ ~ I 30 01' , ~ ~ ~ ~
~ (P.B.89, PGS. 179-181) ~ ~ ' "~ ' ~. ~. ~.
- -~%,%~- ......... ~ - _ ~ .... ~_ ~ _
.... 12 WATERLINE EASE~EN~ _ ~ ~ ~ . ~
~ ~o.~.~.~.~¢.~/~ ~-~ .... ~'-I
~ sou~ u~ T¢,C~ c ~= =~ ~ .............
50.0/' ~
N89'27'46~/ ~ // ~
~o.o; i//is~.~.w.~
sw u NW /' ~ ~ ~ SECT/ON /2-46-4Z
~HHLACE A P.U.D. ,
(P~.89, PGS. 179-18b
_ . ~ I. /2'
I I (0~.~.//685, PG. III6)
02127 m,?.,..-. BEXLEY P.K lo. ,,, JSH isc. L,,i,..~o,
~,~./~/~/~ ~z~.~ ~, gT[ITY [~EMENT CK'O e~, dS O*T[, 8/ /2005 SHEET 2
[lTV OF OELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE 2°° ,,,w ,s, AVENUE-,~E,~,~A'~,~EACH, FLO,,,,~A 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
October 14, 2003
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: A.qreement with Garrett and Gina Bender
The Benders own the property at the northwest corner of the intersection of Island
Drive and Andrews Avenue. They are currently constructing a house on the
property. The property abuts a canal and is adjacent to a bridge (Island Drive) that
crosses the canal. The City maintains the bddge and a portion of the seawall that
extends out from the bridge. The dock shall encroach upon a portion of the
seawall. The property owner shall maintain that portion of the seawall on which
the dock rests as well as repairing any damage to that portion of the seawall. The
City Engineer has reviewed this request and has no objections.
By copy of this memo to David Harden, our office requests that this item be placed
on the October 21, 2003 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Prepared by and Return to:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
HOLD HARMLESS AGREF~M]~NT
THIS HOLD HARMLESS AGREEMENT, is entered into this ~" day of
~, by and between the CITY OF DELRAY BEACH, FLORIDA,
2005
(hereinafter referred to as "CITY") and GARRETT BENDER and GINA BENDER,
husband and wife, (hereinafter referred to as "OWNER").
WITNESSETH:
WHEREAS, OWNER owns property located at the northwest corner of the
intersection of Island Drive and Andrews Avenue, Delray Beach, Florida, and has requested
that CITY allow for the installation of a private dock onto a portion of seawall that abuts the
Island Drive bridge, as shown on Exhibit "A"; and
WHEREAS, the CITY does not maintain seawalls for the benefit of private property
owners, however, in this case the seawall is part of a CITY owned and/or maintained sUucture
and thus, the CITY maintains a portion of the seawall; and
WHEREAS, the CITY is responsible for the maintenance of the Island Drive bridge
and the seawall that is connected to the bridge; and
WHEREAS, OWNER desires to construct a dock attached to and adjacent to the
aforesaid seawall.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. OWNER is the owner of property described in Exhibit "B".
3. That OWNER wishes to construct and install a dock attached to and adjacent to
the portion of the seawall as shown in Exhibit "A", which shall be in accordance with all rules
and regulations of the CITY.
4. OWNER acknowledges that the CITY shall assume no responsibility or
maintenance for the dock and any improvements thereto, which OWNER places on the seawall
and that OWNER shall be responsible for the upkeep and maintenance of such dock and
associated improvements on and/or attached to the seawall in accordance with the Code of
Ordinances of the CITY. Further, OWNER shall maintain the seawall the dock is affixed to
in a manner that ensures the structural integrity of the seawall, maintain the seawall so that it is
aesthetically and cosmetically pleasing, and maintain the seawall in such a manner that the
integrity of the bridge is not undermined or adversely impacted. If the CITY, in its sole
discretion, determines that work needs to be performed on the seawall, it shall give OWNER
notice of its demand and failure of OWNER to commence the repair within 30 days of the date
the notice was mailed or delivered and complete the repair within 120 days of the notice shall
result in termination of this Agreement. Upon termination, OWNER shall immediately
remove the dock and the CITY will make such repairs and send a bill to the OWNER and if
the bill remains unpaid for a period of 30 days from the date set forth on the bill, the CITY
will have the right to collect the bill in a court of law.
5. OWNER, in consideration of the mutual covenants set forth herein, agrees to
defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants
from any and all claim% suits, causes of action or any claim whatsoever made, and damages,
which may result from the placement/installation/construction of the dock and improvements
in/upon/around the seawall. OWNER further agrees to hold the CITY, its agents, officers,
employees and servants harmless for any damage to the dock and associated improvements
OWNER constructs/installs in/upon/around the seawall. It is understood that any cost for
replacement or repair of the dock and associated improvements shall be the OWNER'S
responsibility, and the CITY will not be held liable for any damage to the dock and associated
improvements as a result of any maintenance or construction within the public right-of-way or
on the bridge or seawall by the CITY. The CITY shall be allowed to perform maintenance on
the CITY owned portion of the seawall, as determined by the CITY, in its sole discretion.
6. OWNER shall be responsible to the CITY for any damage that is caused to the
seawall or bridge as a result of the construction/installation of the dock. The CITY, in its sole
discretion, shall determine the cost of repair and such cost shall be paid by OWNER to the
CITY within 30 days of receiving a request for payment from the CITY. The CITY shall not
be required to maintain the seawall so as to support or benefit the dock.
7. OWNER shall be required to obtain all required permits from the CITY as well
as any other governmental agency.
8. All notice required or allowed by this Agreement shall be delivered in person or
mailed to the party at the following address:
CITY: City Engineer
City of Deiray Beach
434 South Swimon Avenue
Deiray Beach, FL 33~.~,~.
3
OWNER:
Garrett and Gina Bender
876 Oleander Sl~eet
Boca Raton, Florida 33486
9. This Agreement shall be binding on the Parties, their respective heirs,
successors, legal representatives, and permitted assigns and shall be recorded in the Public
Records of Palm Beach County and shall mn with the land.
10. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida. Venue for any claim or lawsuit arising out of this Agreement shall be
in Palm Beach County.
IN WITNESS WI~REOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:. By:
City Clerk
Jeff Perlman, Mayor
Approved as to Form:
By:
City Attorney
WITNESSES:
(Print or Type Name)
(Print or Type Name)
~ma Bender
STATE OF ~, ~'~
COUNTY OF
.~___, ?0~ ~regoing il~s~l/ument .~as ofil?ow~l_edged before me this ]~'~ day of
acknowledging). -- by ~ O./vax~ K:~/~ (n~-~e of person
Signa~xe of Notary Public - State of Florida
\/
' ~I~ ~comm, mm,o~oOlm Print, Type, or Stamp Commissioned Name
,~.,,..~ ~x~res oca~e~" of Notary Public
/
Personally Known ¢ OR Produced Identification
Type of Identification Produced:
STATE OF
COUNTY OF
~,The foregoing inSlnlment was acknowledged before me this /~dday of
200~, by ~... ~c~ t~f'O a~ot-' (name of person
acknowledging).
w,,,~ E Foutz Signature of Notary Pu-blic - S~ of Florida
Print, Type, or Stamp Commissioned Name
of Notary Public
Personally Known OR Produced Identification
Type of Identification Produced: .
@ 1'2' ac
Fod Lauderdole FL
Oct O? 03 08:55a nospeh ~tllli~t~_ ~{~ 561-391-7611 p.a
'-4
I
!
Lot 28 o f the Subdivision of Dl~.l .PAY ISLE, Delray Beach, Florida, as per plat flaereo f on file in the o ~ce
of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24, Page
165.
[IT¥
AII-AmericaCiiy
TO: David T. Harden, City Manager
1993
2ool FROM: ~)Robert A. Barcinski, Assistant City Manager
DATE:
October 13, 2003
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
OCTOBER 21, 2003 SPECIAL EVENT REQUEST- HOLIDAY
PAGEANT PARADE
ACTION
City Commission is requested to endorse the Annual Holiday Pageant Parade co-
sponsored by Parks and Recreation Department and Chamber of Commerce to be held on
December 13th beginning at approximately 6:00 p.m. and to grant a temporary use permit
per LDR's Section 2.4.6(H) for the closure and use of Atlantic Avenue from Gleason
Street and Andrews Avenue to NW 1st Avenue and Miramar and Lowery for parade set
up from approximately 4:00 p.m. to 7:30 p.m. Commission is also requested to provide
staff support for traffic control and security, EMS assistance, barricading, trash removal
and clean up and processing of the FDOT street closure permit.
BACK~iROUND
Attached is a letter received from William Wood requesting approval of this event with a
copy of the event site plan, budget, and certificate of insurance. The parade will end on
NW 1st Avenue in front of City Hall this year. Since the event is co-sponsored by the
Parks and Recreation Department there will be no charge per City policy for City costs.
The estimated costs for the event which include overtime and barricade rental are
approximately $5,600.
RI~CO/dMF~DATION
Staff recommends approval of the event, the temporary use permit and staff support as
requested with no charges for staff overtime or barricade rental.
RAB/tas
Filc:u:$weeney/events
Doc: Agenda Holiday Pageant Parade 2003
561/243 7000
GRE~a~i-i~R
DELRAY BEACH
Chamber oi¢ Commerce
September 10, 2003
SEP 1 2 ~,n~
DELRAY BEACH
Mr. Dave Harden
City Manager
100 N3h/1st Avenue
Delray Beach, FL 33444
Dear Dave:
Time, once again, to start work on the annual Holiday Pageant Parade. As we did last
year, we will be working with the City's Parks and Recreation Department to organize and
conduct the parade. The parade is scheduled for December 13, 2003 and should begin
promptly at 6:00 p.m.
As in the past, would you ask the Engineering Department to apply for the D.O.T. permit,
"Request for Temporary Closing of State Road." We will send our normal letters to the
Coast Guard and to the FEC with information on the parade and will submit the parade
permit to the PoF~ce Department.
Dave, we appreciate the city's assistance in defraying some of the costs of this activity. The
Chamber will submit the request for the $2,500 before the event so we can pay the bands as
soon as possible.
As always, thank you for the cities outstanding participation and help in making these
events run smoothly and successfully.
Sincerely,
Will'mm J. Wood
President
cc: Joe Weldon
Danielle Gallo
· Greater Delray Beach Chamber of Commerce · 64 SE 5th Ave. · Delray Beach FL 33483 · (561) 278-0424 FAX 278-0555
chamber~delravbeach, com· www. delraybeach.com · www.goyouthnet.com
Delray Beach Holiday Parade Route
W
Tennis
Center
NW 1st Avenue
Fedexal Highway South
Iattacoastal Watexway _
Division D
Miramar
252321 1917 15 13 1197531
2422 20 18 16 14 12 108642
Division C Gleason Street
Venetian Drive
Start of
Parade
Federal Highway North
I
Seabreeze Avenue
13 57911 13 15 17 19212325
2468 10 12 14 16 18202224
Division A Andrews Ave.
Division B
Lowry
Message Page 1 of 2
Barcinski, Robert
From: Bilr Wood [bwood@delraybeach.com]
Sent: Wednesday, October 08, 2003 4:45 PM
To: barcinski@ci.delray-beach.fl, us
Cc: 'Gallo, Danielle'
Subject: RE: Holiday Parade
Hi Bob - below is estimated budget for parade:
E_s__t!_m__ated expenses:
Bands (payments to schools) - $2,000
Signs & banners $ 250
Trophies $ 125
Banner Carriers (a local school) $ 200
Bob's Barricades $ 250
Misc $ 150
Total $2,975
Estim~a_ted income:
City of Delray $2,500
Band Sponsors $1,500
Total $4,000
Bill Wood
Greater Delray Beach Chamber of Commerce
561-279-1380 x 14 I Fax: 561-278-0555
visit us at our web page - www.delraybeach.com
..... Original Message .....
From: Gallo, Danielle [mailto:Gallo@ci.delray-beach.fl.us]
Sent: Thursday, October 02, 2003 7:17 AM
To: Bill Wood (bwood@delraybeach.com)
Subject: FW: Holiday Parade
Hi Bill,
I'm hoping I caught you before you left. Bob was wondering if he can get a copy of the budget, revenues
and expenses for the Holiday Parade. Please see below.
Thanks :)
Danielle GallO
10/9/2003
Client~: 50 DELBEAC!
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE .M=O
10/02103
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Arthur J. Gallagher & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8200 N.W. 41 st Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 200
Miami, FL 33166 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA: State National Insurance
City of Delray Beach INSURER B:
100 NW 1st Avenue
INSURER C:
Delray Beach, FL 35~.~.
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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.
INSR %DD'L POLICY EFFECTIVE POMCY EXPIRATION
LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDfYY~ DATE IMMIDD/YY) LIMITS
A GENERAL LIABILITY D9290302 10/01103 10/01104 EACH OCCURRENCE $1,000~000
-- DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES IN9 ~c~urmncel$
I CLAIMS MADE []OCCUR MED EXP (AnY one person) $
PERSONAL & ADV iNJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/Dp AGG $
PRO-
A AU.~TOMOBILE LIABILITY ~)9290302 10/01103 10/01/04 COMBINED SINGLE LIMIT $1,000,000
D OCCUR [~ C~AIMS MADE AGGREGATE
GENERAL & AUTOMOBILE LIABILITY $500,000 SIR - CITY RELIES ON FS768.28
RE: USE OF DOT ROADWAY IN DELRAY BEACH FOR THE HOLIDAY PARADE TO BE HELD
ON 12/13/03.
(See At~ached Descriptions)
CERTIFICATE HOLDER
CANCELLATION
DEPARTMENT OF TRAMSPORTATION
(DOT)
7900 FOREST HILL BLVD.
WEST PALM BEACH, FL 33413
ACORD 25 (2001/08) I of 3 #S58298/M58296 ~_~_.-.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE 1'O THE CERTIFICATE HOLDER NAMEO TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
UTHORIZED REPRESENTATIVE
BRR · ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endomement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reveme side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-$ (2001108) 2 of 3 #S58298/M58296
DEsCRIPTIONS(Continued frOm Page
CERTIFICATE HOLDER IS AN ADDITIONAL INSURED BUT ONLY TO THE EXTENT OF THE
INDEMNITY PROVISIONS OF THE APPLICABLE CONTRACT AND ONLY TO THE EXTENT
ALLOWED BY APPLICABLE LAWS (GOVERNMENTAL ENTITIES ONLY).
AMS 25.3 (2001108) 3 of 3 #S58298/M58296
£1T9
Ali-America City
1993
2001
TO:
David T. Harden
City Manager
561/243-7000
FROM: fll~ Robert A. Barcinski
It~t~ Assistant City Manager
DATE: October 13, 2003
SUBJECT:
Agenda Item City Commission Meeting October 21~ 2003
Approval Agreement Horse Drawn Carriages~ Inc.
ACTION
City Commission is requested to approve an agreement between the City and Horse Drawn
Carriages, Inc. to provide service along Atlantic Avenue from November 21, 2003 through
January l, 2004.
BACKGROUND
We have been requested by Marjorie Fermr to consider approval of this agreement for the
upcoming holiday season. By this agreement Horse Drawn Carriages, Inc. would provide horse
carriage rides for the dates specified. The route would be along Atlantic Avenue with pick up and
drop off points at the Marriott Atlantic Avenue entrance to NE lst Avenue at the tree from 6:00
p.m. to 12:00 a.m. daily. Ten percent of the gross revenue received would be donated to the Joint
Venture to offset cash costs for putting up the holiday tree. All City staff concerns regarding
safety, clean up and care of animals have been addressed in the agreement. We are also
processing an ordinance change to Section 2.4.6(H) Temporary Use Permit, which will be on the
agenda for first reading/first public hearing on October 21st which would allow this use. A copy
of the certificate of insurance with the original proposal is attached.
RECOMMENDATION
Staff recommends approval of the proposed agreement between the City and Horse Drawn
Carriages, Inc. to provide horse and carriage rides along Atlantic Avenue as specified from
November 21, 2003 through January 1, 2004 daily from 6:00 p.m. until 12:00 a.m. contingent on
the approval of the proposed ordinance amending Section 2.4.6(h) Temporary Use Permits.
RAB/tas
Cc: Marjorie Ferrer
Joe Gillie
Flle.'u.'sweeney/agenda
Doc:Horse Drawn Carriage
AGREEMENT
THIS AGREEMENT, made and entered into this __ day of .,
2003 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal
corporation (hereinafter referred to as "CITY"), and HORSE DRAWN CARRIAGES,
INC., (hereinafter referred to as "CARRIAGES").
WITNESSETH:
WHEREAS, the CITY controls certain roadways located within the City of Delray
Beach; and
WHEREAS, CARRIAGES desires to use these roadways for the operation of
horse-drawn carriage rides to the general public; and
WHEREAS, the CITY believes that offering carriage rides during the holiday
season will increase revenues to the City; and
WHEREAS, CARRIAGES agrees that ten percent (10%) of their gross revenues
shall be donated to the Joint Venture for use to offset cost of erecting Christmas tree.
NOW, THEREFORE, in consideration of the mutual premises, covenants and
agreements contained herein, the parties hereby covenant and agree as follows:
1. LICENSE; TERM.
The CITY hereby grants to CARRIAGES the right and privilege to use Atlantic
Avenue east of Swinton to the Marriott from November 21, 2003 through January 1,
2004. CARRIAGES' rights shall cover an additional one (1) day after the term of
license in order to allow CARRIAGES to remove necessary facilities and/or equipment
subject to the survival of ten (10%) percent raquirad on termination.
2. LICENSE AGREEMENT ONLY.
This agreement between the CITY and CARRIAGES is a license agreement, not
a lease or purchase agreement, and should be construed by a court of competent
jurisdiction to be a license agreement only. Furthermore, this License Agreement does
not grant nor is CARRIAGES receiving hereunder any rights to any real property of the
CITY nor any property interests except as set forth in this Agreement.
3. FACILITIES AND SERVICES PROVIDED BY CITY.
(a) Unless otherwise herein specified, CITY shall be responsible for, or
agrees to provide, at no charge to CARRIAGES the following assistance in connection
with the operation of the carriage rides:
(i) Non exclusive use of Atlantic Avenue east of Swinton to the
Marriott including non exclusive use of NE 2cnd Avenue north to NE 4th Street; and
(ii) Non exclusive use of parking spaces near Old School Bread
Factory on a space available basis.
4. OPERATION OF CARRIAGE RIDES.
The organization and operation of each carriage ride shall be the responsibility of
CARRIAGES. The operation shall occur in accordance with the following rules.
CARRIAGES shall:
(a) Handle sales and pumhase of all carriage rides;
(b) Operate the carriage rides from 6:00 p.m. to 11:00 p.m. daily only;
(c) Administer donations of ten (10%) percent of gross revenues to be paid
directly to the Joint Venture to offset cost of erecting Christmas tree;
(d) Set up each of two (2) carriages complete with one (1) horse per carriage;
(e) Provide proper illumination of carriage vehicles;
(f) Operate carriages on approved road surfaces only;
(g) Provide horse diapers to ensure cleanliness on site as well as dispose of
horse diapers in a sanitary fashion;
(h) Obtain all necessary permits;
(j) Provide adequate liability insurance coverage in amounts determined by
the CITY and including a clause indemnifying CITY;
(k) Provide carriage drivers skilled in ability to control animals;
(I) Provide bells on horses;
(m) Provide adequate food and water for animals;
(n) Bear responsibility for finding storage for carriages and/or trailers when
not in use and CARRIAGES must bear expense for said storage as well
as any and all risks of loss therein;
(o) Horses shall not be left unattended while parked;
(p) CARRIAGES' agents and employees shall comply with traffic regulations
and shall possess a valid driver's license;
(q) CARRIAGES shall display a valid schedule of rates, charges and hours of
operation in a location visible by the public;
(r) Obey all laws of the City and the State including but not limited to
providing signage in accordance with applicable ordinances, laws, or
rules.
5. ACKNOWLEDGMENT OF BENEFITS,
In acknowledgment of the services provided by the CITY in Paragraph 3 above,
CARRIAGES agrees that CITY will have the following acknowledgment rights:
(a) Inclusion of CITY'S name and/or logo in all print, radio, and television
advertising created by CARRIAGES to promote carriage rides;
(b) Inclusion of CITY'S name on the front cover of all promotional materials
created and distributed by CARRIAGES;
(c) Inclusion of CITY'S name in all press materials;
6. CARRIAGES' EXPENSES AND REVENUES.
(a) Subject to Paragraph 4(a), CARRIAGES shall be responsible for
collecting all revenues generated by, and paying all expenses incurred for the carriage
rides.
3
7. FORCE MAJEURE.
If CARRIAGES or the CITY is prevented from or interfered with in any manner
whatsoever in fully performing its agreements (including its ability to operate carriage
rides) hereunder, for any reason beyond its reasonable control such as any law,
regulation, act of God, earthquake, flood, fire, accident, labor controversy, act or threat
of terrorism or delay of a common carrier (the foregoing all being examples of an "event
of force majeure"), then CARRIAGES' and the CITY'S obligations hereunder will be
suspended as often as any such event of force majeure occurs and during such
occurrences, CARRIAGES' and CITY'S nonperformance will not be deemed a breach
of this Agreement.
8. TAXES.
CARRIAGES shall be liable for any and all taxes which are or may be imposed
as a result of this agreement. Taxes shall be paid to the appropriate authority and
including, but not limited to, sales and/or use tax.
9. PROOF OFINSURANCE.
CARRIAGES shall provide the CITY with proof of insurance. The type and
quantity of insurance is more particularly set forth in Exhibit A to this agreement. Proof
of such insurance shall be due by 30 days prior to the first carriage ride. The insurance
shall name the CITY and its designee as additional insured.
4
10. FINANCIAL RESPONSIBILITY.
CARRIAGES agrees, subject to the provisions of this Agreement, to accept all
financial responsibilities for the carriage rides including, but not limited to, all accounting
and reporting as may be required by law. CARRIAGES further agrees to accept sole
responsibility for any financial commitments or obligations it incurs as a result of the
carriage rides, and which are not provided for in this Agreement.
11. OTHER SERVICES AND SUPPLIES.
CARRIAGES further agrees that all services and supplies
identified herein shall be provided by or through CARRIAGES.
not specifically
12. RIDE TICKET SALES.
All ride sales tickets shall contain language approved by CARRIAGES and CITY
establishing that the ride tickets create a revocable license. Prior to the
commencement of sale of any ride ticket, CARRIAGES shall provide City Manager or
his designee with the established ticket sales price.
13. ADVERTISING MATTER.
(a) CARRIAGES agrees, subject to its rights, if any, under any applicable
License Agreements, to identify the City of Delray Beach as the location of the carriage
rides in publications, advertising and any electronic broadcast, and to permit CITY to
use CARRIAGES' name, and CITY agrees to permit CARRIAGES to use the CITY'S
name, logo, and trademark during the term of this Agreement solely in the connection
with the carriage rides. CITY agrees that promotional material created by CITY with
regard to the carriage rides is subject to the approval of CARRIAGES. CARRIAGES
agrees that any material submitted by CITY will not be unreasonably disapproved, and,
if it is disapproved, that CITY will be advised of the specific grounds of the disapproval.
(b) All printed material and advertising matter to be used prior to or during the
operation of carriage rides which include the name City of Delray Beach or its official
seal shall be submitted to the City Manager or his designee for his approval at least two
(2) days prior to the proposed use of the same. Approval shall not be unreasonably
withheld by the City Manager or his designee.
14. PERSONNEL AND EQUIPMENT.
CARRIAGES shall provide all personnel needed for the operation of the carriage
rides, including, but not limited to, ticket sellers, ticket takers, drivers, trainers and
guides except as otherwise set forth in Paragraph 3(a) or elsewhere in this Agreement.
15. CITY'S RIGHT TO CONTROL FLOW OF TRAFFIC.
CITY at all times reserves the right to re-route carriages if the approved route
becomes a detriment to the flow of traffic, and neither CITY nor any of its officers,
agents or employees shall be liable in any manner to CARRIAGES or its officers,
agents or employees for any damages which may be sustained by CARRIAGES
through the exercise of this right by CITY.
16, NON-DISCRIMINATION.
A. That CARRIAGES for itself, its personal representatives, successors in
interest, assigns, subcontractors, and sublicensees, 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 denied the benefits of, or be otherwise subjected to
discrimination in the use of said carriage rides.
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. 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.
17. CHANGE IN LAW.
During the term, the CITY reserves the right to restate and/or renegotiate with
CARRIAGES such additions, deletions or changes to the license as may be
necessitated by changes in county, state or federal laws relating to the operation of the
public roads. In the event that the CITY and CARRIAGES are unable to reach a mutual
agreement on any such addition, deletion or change, that portion of the contract
concerning the services involved in the addition, deletion or change shall be terminated
or eliminated.
'18. TERMINATION.
Either party may terminate this Agreement without cause upon five (5) days
written notice except that ten (10%) percent of gross revenues collected prior to the
date of termination shall survive such termination.
19. 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: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Flodda 33444
To CARRIAGES: Rebecca Learman, Horee Drawn Carriages, Inc.
11715 Sunset Boulevard
West Palm Beach, FL 33411
or to such other addresses as either party may designate in writing.
21. 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. This Agreement may be amended only by
written document, properly authorized, executed and delivered by both parties hereto.
7
This Agreement shall be interpreted as a whole unit and section 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.
22. INDEMNIFICATION.
(a) To the fullest extent permitted by laws and regulations, CARRIAGES
agrees to indemnify, defend, save and hold CITY, its officers, agents, employees and
assigns harmless from any and all claims, damages, liabilities, losses, causes of action,
liens or judgments of any kind or nature whatsoever which may arise out of, in
connection with, or because of the use or operation of the licensed roadways, including
but not limited, to the road surfaces, parking areas, pedestrian walkways, vehicular
paths and grassy areas, by CARRIAGES or its officers, agents, employees, or indepen-
dent contractors, and invitees including but not limited to those resulting from or arising
out of (a) by any act done or words spoken by CARRIAGES, its agents or employees;
(b) any damage done to the premises or any part thereof caused by the act or omission
of either CARRIAGES or any agent or employee of CARRIAGES: (c) the breach by
CARRIAGES of any term of this Agreement; or (d) any breach or alleged breach of any
warranty or obligation undertaken by CARRIAGES in this Agreement. CARRIAGES
shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in
connection therewith, including but not limited to reasonable attorney's fees and costs
to defend all claims or suits, in the name of CITY when applicable.
(b) CARRIAGES agrees to defend all actions to which this Paragraph 22
applies, in the name of CITY provided, however, that CITY reserves the right to select
its own legal counsel to conduct any defense in any such proceeding which selection
shall be reasonable under the circumstances. All costs and fees associated therewith
shall be the responsibility of CARRIAGES under this indemnification agreement.
(c) Such indemnification shall be limited to the amount of liability insurance
which CARRIAGES is required to obtain under this License Agreement. See Exhibit A
attached hereto for requirements.
(d) Nothing contained herein is intended nor shall be construed to waive
CITY'S rights and immunities under the common law or Section 768.28, Florida
Statutes, as amended from time to time. The provisions of this Paragraph 22 shall
survive the execution, delivery and performance of this Agreement.
23. PERSONALPROPERTY.
CITY assumes no responsibility whatsoever for any property placed on the Site
by CARRIAGES, its agents, employees, representatives, independent contractors or
invitees. CITY is hereby expressly released and discharged from any and all liabilities
for any loss, injury or damage to such property that may be sustained by reason of the
use and occupancy of the Site under this Agreement. CARRIAGES shall indemnify,
hold harmless, and defend the CITY in any action naming the CITY, its officers, agents
and employees. All costs and fees associated therewith at trial and appellate levels
shall be the responsibility of CARRIAGES under this agreement.
24. INDEPENDENT CONTRACTOR STATUS.
CARRIAGES and its employees, volunteers and agents shall be and remain
independent contractors and not agents or employees of CITY with respect to all of the
acts and services performed by and under the terms of this Agreement or for any other
reason whatsoever. This Agreement shall not in any way be construed to create a part-
nership, association or any other kind of joint undertaking or venture between the
parties hereto.
25. WARRANTY.
Except as otherwise provided for herein, the CITY and CARRIAGES represent
that they have, to the best of their knowledge and belief, all rights and authority
necessary to fulfill the obligations hereunder without breaching the terms of any other
agreement to which either CARRIAGES or CITY is a party.
26. ASSIGNMENT.
This Agreement shall bind and inure to the benefit of CARRIAGES and the
successors and assigns of CARRIAGES. The rights granted CARRIAGES hereunder
shall be exclusive to it and shall not, without the prior written consent of CITY, be
transferred or assigned to any other.
27. RESERVATION OF RIGHTS.
All rights not herein specifically granted to CARRIAGES with respect to the
carriage rides shall be and remain the property of CITY.
28. ENTIRE AGREEMENT.
This Agreement constitutes the entire Agreement between CITY and
CARRIAGES in respect to the subject matter of this Agreement and supersedes all
prior agreements.
29. EXECUTION AND DELIVERY REQUIRED.
This instrument shall not be considered to be an agreement or contract, nor shall
it create any obligation, whatsoever, on the part of CARRIAGES or CITY, or either of
them, unless and until it has been signed by representatives of CARRIAGES and CITY
and delivery has been made of a fully-signed original.
30. THIRD PARTIES.
Nothing in this Agreement, whether express or implied, is intended to confer any
rights or remedies under or by reason of this ^greement upon any person other than
the parties hereto and their respective heirs, successors, legal representatives, and
permitted assigns, nor is anything in this Agreement intended to relieve or discharge the
lO
obligation or liability of any third persons to any party to this Agreement, nor shall any
provision thereof give any third person any right of subrogation or action over or against
any party to this Agreement.
31. VENUE.
Any action brought to enforce the previsions of this Agreement shall be brought
in a court of competent jurisdiction in Palm Beach County, Florida.
32. APPROVALS. All approvals to be given by a party under this Agreement shall
not be unreasonably withheld or delayed.
IN WITNESS WHEREOF, the parties have caused this agreement and one
counterpart, both of which shall constitute originals, to be executed by its proper officers
hereto duly authorized on the year and date first above written.
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
WITNESSES:
HORSE DRAWN CARRIAGES, INC.
By.'
Name
Printed:
(print or type name) Title:
SEAL
STATE OF
COUNTY OF
The ~mgoinginstrumentwasacknowledged be~ra methis__
,2003 by
Horae Drawn Carriages,
corporation. He/She
Inc.., a
is personally known
(as identification).
day of
, of
corporation, on behalf of the
to me/or has produced
Signature of Notary Public
EXHIBIT "A"
INSURANCE REQUIREMENTS OF THE CITY OF DELPAY BEACH
FOR
AGREEMENT WITH LICENSEE
Licensee shall not commence operations under the terms of this Agreement until
certification or proof of insurance, detailing terms and provisions of coverage, has been
received and approved by the City of Delray Be~ach Risk Manager. If you have any
questions call (561) 243-7150.
The following insurance coverage shall be required.
Worker's Compensation insurance as provided for'under 'any worker's
compensation or similar law in the jurisdiction where any work is performed with
an employer's liability limit of not less than $500,000 per accident.
Bo
Comprehensive commercial general liability insurance to include coverage for
premises and operations, independent contractors, broad form contractual
liability, personal injury, and if items are sold, products and/or liquor liability, in
connection with the contractual relationship and activities being done under this
agreement. The policy will be endorsed to include the City of Delray Beach and
it's designees named as additional insureds.
The insurance will be written on an occurrence basis with the limits of liability
not less than $1,000,000:00 combined single limit per occurrence, and $2,000,000
as an annual aggregate, covering bodily injury, property damage and personal
injury.
Bo
Motor Vehicle Liability Insurance covering all vehicles associated with the
Licensee's operations to include all owned, non-owned and hired vehicles.
The coverage will be written on an occurrence basis with limits 'of liability not
less than $1,000,000.00 combined single limit per each occurrence.
The eert'lfiCaflon or proof of insurance must contain a provision for notification to
the City thirty (30) days in advance of any material change in coverage, non-
renewal or cancellation.
Licensee shall furnish to the City, Certificate(s) of Insurance evidencing insurance
required by the provisions set forth above, at least thirty (30) days prior to the operation
of carriage rides. If so requested by the City, certified copies of insurance policies will be
provided by the Licensee.
If any of the above coverages expire during the term of this agreement, the Licensee will
provide a renewal certificate at least ten (10) days prior to expiration.
Mail to: City of Dekay Beach, Attn. Risk Manager, 100 N.W. 1~ Avenue, Delray Beach, Florida 33444
with a copy to City Attorney's Office, arm: Terrill C. Pybum, 200 N.W. 1~t Avenue, Delray Beach, Florida
33444.
Rebecca Learman
Horse Drawn Carriages, Inc.
11715 Sunset Blvd.
West Palm Beach, Fl. 33411
Marjorie Ferrer
Delray Beach Joint Venture
For Eve~
Occasion
Owner
Rebecca Learman
561-333-0920
Make Your
Events Unique
August 20, 2003
Re: Horse-dram carriage service for down-town holiday event
Dear Marjorie:
Horse Drawn Carriages, Inc. provides pleasant, fun, nostalgic and safe, horse-drawn
carriage transportation. We ensure a wonderful, lasting memory.
Our #1 priority is the welfare and health of our horses. We are, after all, a horse business,
and we were founded out of great love and respect for the animal.
The horses have regular veterinary care by Tim Delatte DVM, 561 793 1599, are up to
date on all routine vaccinations, and have current negative coggins and health papers.
One look and it is immediately apparent they are well fed and cared for.
We keep the horses at a private home in The Acreage, with stalls open to large paddocks
where they can roam at free will. We welcome the opportunity to show offtheir health
and beauty at any inspection felt necessary by city officials or any other party.
Our horses are thoroughly trained to go safely in traffic and downtown type atmospheres,
with a lot of action, lights, noises and people. We drive large draft horses that are
naturally predisposed to take such conditions calmly, and are not easily spooked.
We offer our services in a professional and timely manner, always concerned with a
quality image and appearance.
Our drivers are experienced horsemen and horse owners, capable of handling horses in all
types of situations. Their dress code calls for tuxedo shirt, vest and top hat.
Our six-passenger Vis-fi-vis' are built for commercial use, are new, year 2003 carriages,
and come equipped with many important safety features, like steel make, hydraulic
brakes, cut under, and a fifth wheel. We outfit the carriages for safe mad use with slow
moving vehicle signs, side and rear lights, and other safety devices. We are highly
visual.
All locations and specific mutes are inspected to ensure the safety of the horses and the
passengers.
For the Delray Holiday Event, from November 21 through January 1, we will provide
20-25 minute horse-drawn carriage rides along Atlantic Avenue and side roads with pick
up and drop off locations at the 100' Christmas tree and the Delmy Beach Marriott.
We will be in service fi.om 6:00 p.m. to 11:00 or 12:00 p.m. daily, weather permitting.
The fee for one to six people is $40.00 per ride, plus a tip for the driver.
We will gladly donate 10% of the gross revenues collected during this event to the Joint
Venture for use to offset the cost of erecting the Christmas tree.
The horses will be watered regularly according to their needs, how hard they are working
and how hot it is. There will be a water bucket at both pick up locations and at the
carriage warehouse at Circle K. When the rides are back to back, the horses require a 15
to 20 min break every 2 hours.
The carriages are fitted with a diaper, a canvass manure catcher, which prevents manure
f~om falling to the street. We take it home and dispose of it in a sanitary manner, or offer
it free of charge to garden enthusiasts. Should the horses urinate on the street, the best
method to remove the ammonia smell is to put cat litter with baking soda on top, which
we will have available for immediate use.
I started riding in Germany at age 5, and continued my equine education, in Germany,
through adulthood. I have been teaching riding and training horses for 15 years, and am a
Horsemanship Safety Assoc. Certified Instructor. I started driving horses at age 16, and
have trained and driven for many years, now. I have been driving horses commemially in
Palm Beach County's downtown areas and various event locations for over a year.
Thank you for considering Horse Drawn Carriages, Inc. If you need any further
information, please call me at 561 333 0920, or 561 792 9685.
Rebecca Learman
Horse Drawn Carriages, Inc.
John K. Clark, CFC Tax Collector
P. O. Box 3353
West Palm Beach, FL 33402-3353
www.pbcgov.comltax Tel: (561) 355-2622
HORSE DRAWN CARRIAGES INC
LEARMAN REBECCA
11715 SUNSET BLVD
WEST PALM BEACH FL 33411
License Number:
2004-00235
Dear Business Owner:
This is your new occupational license. Please keep the upper portion for your records and detach
the bottom of this form. Vedfy the information and display it conspicuously at your place of
business, open to the view of the public.
This license is in addition to and not in lieu of any other license required by law or municipal
ordinance and is subject to regulations of zoning, health, and any other lawful authority (County
Ordinance Number 72-7).
Licenses may be transferred to a new owner when evidence of a sale is provided; the original
license is surrendered and a transfer fee is paid.
Licenses may be transferred to a new location when proof of zoning approval is provided; the
original license is surrendered and a transfer fee is paid.
Business name changes require a new license.
This license expires on September 30, 2004. Renewal notices are mailed at the end of July.
If you do not receive the notice by the middle of August, please let us know.
I hope you have a successful year.
Tax Collector
DETACH AND DISPLAY BOTTOM PORTION, AND KEEP UPPER PORf~ION FOR YOUR RECORDS ****
2004-00235 STATE OF FLORIDA
HORSE DRAWN CARRIAGES INC
LEARMAN REBECCA
PALM BEACH COUNTY
OCCUPATIONAL LICENSE
EXPIRES: SEPTEMBER - 30-
** LOCATED AT
11715 SUNSET BLVD
WEST PALM BEACH FL 33411
OS-012
CLASSIFICATION
2004
CNTY $47.25
Ils hereby licensed at above address for the period beginning on the
first day of October and ending on the thirtieth day of September to
engage in the business, profeeslo~ or occupation of:
ADMINISTRATIVE OFFICE
TOTAL
THIS IS NOT A BILL - DO NOT PAY
VALID 08/04/2003 - 09/30/2004
PAID. PBC TAX COLLECTOR
$47.25 OCC 004 06142 08-04-2003
$47.25
ACO/m. CERTIFICATE OF LIABILITY INSURANC ="'
08/20/03
PRODUCER
The PlastridgeAgency-PBGO
10337 N Militar~Trail
Palm Beach Gardens FL 33410
Phone:581-630-4955 Fax:561-630-4966
INSURED
Horsedrawn Carriages, Inc.
11715 Sunset Blvd
WPB FL 33411
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CER~FICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERA: Burlington Insurance Com~anlr
INSURER E:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POUCIE8 OF INSURANCE LISteD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED. NOT%MTHSTANDING
ANY REQUIREMENT, TERM OR COND~ION OF ANY CONTRACT OR OTHER DOCUMENT %~TH RESPECT TO WH~H THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTNN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS~NS AND CONDmONS OF SUCH
POLICIES. AGGREGATE LR~ITS SHOWN MAY HAVE SEEN REDUCED BY PND CL~dMS.
LTR ~¥PE OF INSURANCE POUCY N~JMBER DATE {MMtDD/YY) DATE {MM/DDr~ UMIT8
GENERAL LIABILITY EACH OCCURRENCE $10 0 0 0 0 0
A X~ COMMERC~LGENERALLb~BILFr~ BINDER 16663 08/20/03 08/20/04 FIRE DAMAGE (Any ~m flm) $ 100000
/ ! C~MSMAOE ~ OCCUR MEOEXP(A~.~.~) $ 5000
___~ PERSO~IAL & AOV INJURY $ 1000000
GENEP.~L AOOREGATE' S 1000000
DESCmPTION OF OPERA~IOR$/t. OCA~IONSNEHICI.ES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Borse Drawn Carriage Rides - Certificate Bolder is listed as Additional
Insured.
CERTIFICATE HOLDER IN I ADDITIOHAL IREURED; INSURER L= H m~: __ CANCELLATION
City of DelrayBeach
100 N.W. 1st Avenue
Delray Beach FL 33444
CITYD-1
Charles Knudsen
ACORD 25~ (7~7) OACORD CORPORATION 1988
DUKE
Zieke and Zorro
£1TY
DELRAY BEACH
Ali-America City
TO: David T. Harden, City Manager
1993
2001
FROM: ~t Robert A. Barcinski, Assistant City Manager
DATE:
October 13, 2003
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
OCTOBER 21, 2003 - APPROVAL OF LICENSE AGREEMENT
WITH SESAC
ACTION
City Commission is requested to consider approval of the proposed music performance
license with SESAC in the amount of $650.00 with funding to come from account 001-
1802-512-34.90.
561/243-7000
BACK6~OUND
We have been requested by SESAC to enter into the attached agreement which will
authorize the use of copyrighted compositions in the SESAC repertory for music
performances on City property. The agreement would allow the use of copyrighted
music even if the City was not the event sponsor.
Terrill Pybum, Assistant City Attorney, has discussed the need for this agreement with a
copyright attorney and has recommended approval. Per copyright law the City would be
responsible for performances on our property whether or not we are the event sponsor.
We currently have an agreement with ASCAP for their compositions. ASCAP currently
has about 85% of the licensed music business.
RECOMMF2~IDATION
Staff recommends consideration of approval of the proposed music performance license
agreement with SESAC in the amount of $650.00 with funding to come from account
001 - 1802-512-34.90.
RAB/tas
Fil¢:u:sweeney/agcnda
Doc: Agenda SESAC License Agreement
rlTY OF DELRIIY BEI:lrH
CITY ATTORNEY'S OFFICE
200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243 7090 · FACSIMILE 5611278-4755
DELRAY BEACH
DATE:
TO:
FROM:
Wdter's Direct Line: 561/243-7090
MEMORANDUM
September 15, 2003
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Terrill Pyburn, Assistant City Attorney '~/~
SUBJECT: Music Licensing
The City was recently contacted by a representative of SESAC, Inc. This
representative suggested that the City would need to enter into an agreement with
SESAC despite the fact that we already have an agreement with ASCAP. After
reviewing all of the applicable law and consulting with a local copyright attorney on
the matter, I have summarized the applicable law in order to better assist you in
making your decision.
71 USC 101 defines "performing rights society" as an association, corporation or
other entity that licenses the public performance of non-dramatic musical works
on behalf of copyright owners (including composers, songwriters, lyricists, and
music publishers) of such works, such as the American Society of Composers,
Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc.
ASCAP is the oldest of the three (3) music licensing organizations and it enjoys
85% of the music licensing market in the United States. BMI has about 14% and
SESAC has about ¼ of 1%. Each of these three (3) organizations have blanket
license agreements that authorize users to use any and all music in their
respective repertory for a fee of around $500 to $700 per year per licensing
organization.
The City currently has an agreement with ASCAP, the largest of the three
organizations, however, since this agreement does not cover 15% of the
composers, songwriters, lyricists and music publishers, it would be ideal for us to
enter into agreements with each of the three (3) organizations in order to protect
ourselves more completely from possible allegations of copyright violations.
September 15, 2003
Page 2
Further, agreements with all three (3) organizations would be especially helpful
due to the fact that the smaller companies (BMI and SESAC) license music by
artists such as Neil Diamond, Baby Face and Prince, all of which write music for
more popular artists like Madonna, etc. Therefore, in order to fully protect
ourselves, it is advised that we enter into agreements with each of the three (3)
organizations.
Finally, while we typically enter into hold harmless agreements with the vendors
and/or sponsors of city events as well as require that they have authorization to
use copyrighted music, under the copyright law, owners or operators of facilities or
presenters of concerts and other events are responsible for performances on their
premises. Therefore, if a vendor/sponsor does not have the appropriate
authorization, then the vendor/sponsor who gave the performance as well as the
City could be liable. Penalties for infringement include fines of $750 for each work
infringed as well as attorney's fees, court costs and injunctions to prohibit the
violator from playing the infringed music again.
Please contact me if you have any questions (7090). Thank you.
TCP:smk
NFIR
July 15, 2003
JUL 2 ? ?no
Mr. David T. Harden
City Manager
City of Delray Beach
c/o City of Delray Beach
I00 NW 1st Ave
Delray Beach, FL 33444-2612
RE: SESAC Music Performance License for City of Delray Beach
Dear Mr. Harden:
SESAC, the second oldest Performing Rights Organization in the United States, is pleased to
offer a Music Performance License agreement specifically designed to authorize virtually all
music performances sponsored in whole or in part by your municipality. The SESAC Performance
License provides an efficient and cost-effective method to obtain permission to lawfully
perform all of the songs in the vast SESAC repertory.
SESAC represents a dynamic and growing repertory of music spanning all genres of music,
including classical, country, dance, hip-hop, jazz, Latina, pop and rock. Performing
compositions from this vast repertory of music contributes to creating a suitable atmosphere
and enjoyable experience for the citizens of your community.
Performances of copyrighted music that require the permission of the copyright owner, or an
agency acting on behalf of the copyright owner, routinely occur at community events such as
festivals, fireworks displays, parades, concerts, community / recreational centers, and
numerous other community activities.
Enclosed is the SESAC license, along with additional information about SESAC for you and your
attorney's review. The SESAC license will provide. },our municipality with the necessary
permission to perform all of the copyrighted compositions represented by SESAC. Among the
performances that will be authorized are playing compact discs, tapes or radio as well as
audio-visual uses including VCR, DVD, broadcast and satellite television.
To obtain appropriate copyright authorization, please sign the enclosed agreement, complete the
report form and return them together with appropriate payment. Upon our receipt, we will
forward an executed copy of the agreement for your records.
(Cont.)
SESAC, INC. * 55 MUSIC SQUARE EAST, NASHVILLE, TN 37203 ,, 615-320-0055 · FAX 615-321-6292
· http://sesac.corn
Mr. David T. Harden
July 15, 2003
Page Two
Additional information concerning SESAC's affiliates, repertory and current news can be obtained
online at www.sesac.com. If you have any questions concerning this matter, please contact me
at 386-860~ ~mile at 305-675-3772 or by e-mail at sesfieldrepl3@mindspring.com. We
at SESAC look forward to establishing a mutually beneficial business relationship, and to
serving your music licensing needs.
Sincerely,
Jim Coniglio
Music Licensing Consultant
Enclosure: B.B.B. Brochure
UR01 63-09-01036 I.D.# 183055
SESAC PERFORMANCE LICENSE for MUNICIPALITIES
Agreement made in New York by and between SESAC, Inc. ("SESAC"), a New York corporation,
with offices at 55 Music Square East, Nashville, TN 3720:3 and
("LICENSEE")
(Legal Name of Entity)
(Billing Address)
(City, State, ZIP)
Telephone:
E-mall:
Fax.'
SESAC and LICENSEE hereby mutually agree as follows:
As
LICENSEE which are used
1. GRANT OF RIGHTS: Effective as of Janua~ 01, 2003, (the "Effective Date") SESAC grants to
LICENSEE the non-exclusive right and license to publicly perform live or recorded non-dramatic
renditions of the musical compositions, the performance rights to which SESAC controls and/or
is empowered to license ' on
i~ !37
us governmental offices or for related purposes; those locations at
which events are held under LICENSEE's sole control and attended by LICENSEE's employees,
their families, social acquaintances, citizens, and other members of the public; and those areas
owned, operated, and/or leased by LICENSEE which are under LICENSEE's sole control.
2. LIMITATIONS OF RIGHTS: The Rights granted pursuant to Paragraph 1 above
shall specifically exclude:
A. the right to perform, broadcast, televise or otherwise transmit the Compositions to any
location (nniess and to the extent otherwise expressly permitted in Schedule "A");
B. the right to grant the Rights to any third party;
C. "Grand Rights" in and to the Compositions ("Grond Rights" include, but are not limited to,
the right to perform in whole or in part, dramatico-musicai and dramatic works in a dramatic
setting);
D. performances of the Compositions (i) which are part of a background music service
originating from any location including the Municipality, for which performance license fees are
otherwise paid, regardless of the means by which such performances are transmitted on or to the
Municipality, (ii) by coin-operated phonorecord players ("jukeboxes"), as defined in 17 U.S.C.
§ 116, and/or (iii) transmitted by computer on-line services or electronic bulletin boards and
received on the Municipality (unless and to the extent otherwise expressly permitted in Schedule
E. This license shall specifically exclude concerts. "Concerts" are those performances by an
entertainer, group, or performer for which an admission or other fee is charged and which arc
not solely promoted by LICENSEE.
F. This license shall specifically exclude "Sporting events." "Sporting events" arc professional,
semi-professional, major or minor league athletic competitions.
G. This license shall specifically exclude Colleges and/or Universities.
TERM OF LICENSE:
A. The term of the Agreement shall be for an initial period that commences upon the Effective
Date and continues for a period of one (1) year (the "Initini Period"). Thereafter, the
Agreement shall automatically continue in full force and effect for successive additional periods of
one (1) year ("Renewal Period(s)"). SESAC and /or LICENSEE shall have the right to terminate
this Agreement as of the last day of the Initial Period or ns of the last day of any Renewal
Period(s) upon giving written notice to the other party by certified mall, return receipt
requested, at least thirty (30) days prior to the commencement of any Renewal Peciod(s). The
Initial Period and Renewal Period(s) are sometimes collectively referred to herein ns the "Term."
B. Notwithstanding anything to the contrary contained herein, SESAC shall have the right to
terminate this Agreement upon thirty (30) days written notice by reason of any law, rule,
decree, or other enactment having the force of law, by any authority, whether federal, state,
local, territorial or otherwise, which shall result in substantial interference in SESAC's operation
or any substantial increase in the cost of conducting its business.
LICENSE FEE:
A. As consideration for the Rights granted herein, LICENSEE shall pay to SESAC the annual
"License Fee" then in effect in accordance with the "Fee Schednie" set forth in Schedule "A"
attached hereto.
B. In the event that SESAC is determined by the taxing authority or courts of any state in
which LICENSEE conducts its operation to be liable for the payment of a gross receipts, sales,
use, bnsiness use or other tax which is based on the amount of SESAC's receipts from
LICENSEE, then LICENSEE shall reimburse SESAC, within thirty (30) days of notifieatian
therefor, for LICENSEE's pro rata share of any such tax derived from receipts received from
LICENSEE, unless by constitution or statute, LICENSEE is exempt from any such tax whether
applied directly or indirectly to LICENSEE.
C. SESAC shall have the right to impose a late payment charge of one and one-half percent
(1.5%) per mouth for any License Fee payment that is more than thirty (30) days past due. In
the event that SESAC incurs any costs or fees in connection with the collection of any amounts
past due to SESAC hereunder, then LICENSEE shall be responsible for paying such amounts to
SESAC unless by constitution or statute, LICENSEE is exempt from any such charge whether
applied directly or indirectly to LICENSEE.
D. Effective January 1 of each calendar year the License Fee may be increased by five percent
(5%), rounded to the nearest dollar. In the event that the percent increase in the Consumer
Price Index - All Urban Consumer (CPI-U) ns published by the Bureau of Labor Statisties, U.S.
Department of Labor, between the most recent October and the preceding October exceeds five
percent (5%), then the License Fee may be increased by that amount.
5. MISCELLANEOUS:
A. In the event LICENSEE fa/Is to pay the License Fee when due or is otherwise in default of
any other provision of this Agreement, then SESAC shall have the right to terminate this
Agreement in addition to pursuing any and all other rights and/or remedies available if
LICENSEE has not cured such breach within thirty (30) days following SESAC's written notice of
such default.
B. SESAC shall have the right to withdraw from the scope of this License, upon written notice,
the right to perform any musical composition licensed hereunder as to which any action has been
threatened, instituted, or a claim made that SESAC does not have the right to license the
performance rights in such composition.
C. This Agreement shall be binding upon and inure to the benefit of SESAC's and LICENSEE's
legal ~representatives, successors, and assigns, but no assignment shall relieve SESAC or
LICENSEE of their obligation under this Agreement.
D. This Agreement supersedes and cancels all prior negotiations and understandings between
SESAC and LICENSEE in connection with the Municipality. No modification of this Agreement
shall be valid or binding unless in writing and executed by SESAC and LICENSEE. If any part
of this Agreement shall be determined to be invalid or unenforceable by a court of competent
jurisdiction or by any other legally constituted body having the jurisdiction to make such
determination, the remainder of this Agreement shall remain in full force and effect. No waiver
of any breach of this Agreement shall be deemed a waiver of any preceding, continuing or
succeeding breach of the same, or any other provision of this Agreement.
IN WITNESS THEREOF, the parties have caused this Agreement to be duly signed as of
(plcase insert today's date)
LICENSEE SESAC, Inc
BY: BY:
(Please sign here)
(Type or print name)
TITLE:
TfI'L,E:
Please marl signed license to: SESAC
55 Mmic Square East
Nashville, TN 37203
MAMGLUR/QTXT/SIGNATUR - 02/1/02 - City of Delray Beach - 63-09-01036
> > > > > PLEASE DO NOT DETACH - MUST ACCOMPANY LICENSE < <
Schedule "A"
MUNICIPALITY - 2003
I. Municipality. "Municipality," as used in the SESAC Performance License effective
January 01, 2003 (the "Agreement") to which this Schedule "A" is attached, shall be defined
as the following Municipality:
Name: City of Delray Beach
Location: Delray Beach, FL (the "Municipality")
H. Fee Schedule/License Fee.
A. The annual License Fee shall be based upon the "Population" of the Municipality
ns noted below:
'*Population"
License Fee for calendar year 2003
Under 25,000 $ 200
25,001 - 50,000 $ 400
50,001 - 100,000 $ 650
100,001 - 150,000 $ 950
150,001 - 250,000 $1,300
250,001 - 500,000 $1,700
500,001 And over $2,150 + $200 for each additional
100,000 population
"Population:"
This license will authorize audio and/or audio/visual musical performances (radio, records, tapes,
compact discs, videocassettcs, laser discs, television, and similar media), and live mnsieal
performances. This license will also authorize performances via music on hold systems operated
by LICENSEE.
B. As used herein, "Population" shall mean the total population of the Municipality as of the
most recent United States Census.
C. LICENSEE shall pay the license fee to SESAC upon execution of this Agreement, with license
fees due and payable in advance. The initial license fee payment shall be a pro-rated amount
calculated using the then current license fee rate(s) from the Effective Date through the end of
the current billing period. Subsequent payments shall be made annually in one (1) payment on
or before the first day of January, for the billing period of January 1 through December 31 of
each calendar year of the Term.
D. Upon execution of this Agreement, LICENSEE shall provide SESAC with a report detailing
the Population us of the Effective Date. Thereafter, on or before October 1 of each calendar
year, in the event that a change in the Population results in a change in fee category,
LICENSEE shall submit an updated report of the Population. License fees will be adjusted
effective the following January 1. SESAC retain~ the right to obtain these figures through
United States Census Data and make appropriate adjustments to the license fee.
E. Notwithstanding anything to the contrary contained in this Agreement, upon written notice
to LICENSEE, SESAC shall have the right to adjust the rates set forth in the Fee Schedule. In
the event that LICENSEE's License Fee increases as a result of such adjustment to the Fee
Schedule, LICENSEE shall have the right to terminate this Agreement as of the date such
increase is to take effect. LICENSEE must give SESAC written notice of such termination by
certified mail, return receipt requested, not later than thirty (30) days after written notice of
such increase is sent to LICENSEE by certified mail. This paragraph shall not apply to
paragraph 4.B or 4.D of the Agreement.
This Schedule is incorporated and made part of the Agreement. Unless otherwise
indicated, all capitalized terms in this Schedule "A" shall have the same meaning as set forth in
the Agreement.
Please mail signed license to: SESAC 55 Music Square East Nashville, TN 37203
City of Delray Beach / 63-09-01036 I.D.//183055
MAMGLUIUQTXT/SIGNATUR, July 14, 2003
Request to be placed on:
X Regular Agenda
When: October 21, 2003
Description of agenda item:
AGENDA ITEM NUMBER:
AGENDA REQUEST
Special Agenda
Date:
__Workshop Agenda
City Commission is requested to consider approval of the proposed music performance license
with SESAC in the amount of $650.00 with funding to come from account 001-1802~512-34.90.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
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 expenditure of funds)i
Funding available: Y(~ [,~ ~, No ~ Ic~[t'P{'~"~
Funding alternatives:
Account Number:
Account Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
Disapproved
P.O. #
[lTV
Ali-America City
TO: David T. Harden, City Manager
1993
2001 FROM: ~Robert A. Barcinski, Assistant City Manager
DATE:
October 13, 2003
SUBJECT: AGENDA ITEM CITY COMMISSION MEETING
OCTOBER 21, 2003 REVISED SPECIAL EVENT REQUEST-
SANDOWAY HOUSE GALA
.ACTION
City Commission is requested to approve a revised request from the Friends of the
Sandoway House, Inc. to change the tent location for their Gala to be held on November
22"d from the east half of the Ingraham lot to the south side of the Sandoway lot from
5:00 p.m. Thursday November 20th through Monday November 24th.
BACK6ROUND
Attached is a letter I received from Carolyn Patton requesting the use of the south half of
the Sandoway lot versus the Ingraham lot for the location of tents for their Gala; as
approved by City Commission on August 19th. This change is requested in order to
accommodate the tents they will need for the event which will not fit in the Ingraham lot.
The request has been reviewed by Scott Aronson and he concurs with the request and has
provided a new site plan. Scott recommends closing the entire southern half of the lot for
traffic flow and safety reasons.
By moving the location we will loose revenue from approximately 65 meters for three (3)
days. The estimated revenue lost is approximately $1,000. Since it would be difficult to
put up tents with cars in the lot, I am recommending that we do not provide this lot for
tent use until 7:00 a.m. on Friday November 21st versus 5:00 p.m. on Thursday
November 20th.
561/243-7000
RECOI~IgNDATION
Staff recommends approval of the revised request to utilize the south half of the
Sandoway parking lot for tent placement versus the Ingraham lot from 7:00 a.m. Friday
st tn
November 21 through noon on Monday November 24 .
RAB/tas
Doc: Agenda Revised Sandoway House Gala 2003
· "' Friends of
Sandoway House Nature Center, Inc.
A NON-PROFIT
ORGANIZATION DEDICATED TO
SUPPORTING A NATURE CENTER
IN A HISTORIC §EACHFRONT SETTING
9/23/03
Board of Directors
William S. Weisman
President
Cheryl Dern
Ann Heilakka
Mary Higgins
Jean M. Irwin
Amanda Jones
Dr. Andrew Katz
Anne Marie Krejcarek
Fran Marincola
Elaine H. Morris
Dr. Scott McOwen
Carolyn H.R. Patton
JoAnn Kern Peart
Alieda N. Riley
Claire Rose
Mary Lou Schillinger
Hon. David W. Schmidt
Mayor, City of Delray Beach
Yvonne Templeton
Lisa Tiernan
William S. Weisman, Esq.
SAN DOWAY HOUSE
NATURE CENTER
(561) 274-SAND
A New Community
Resource for
Palm Beach County
142 South Ocean Blvd.
Delray Beach, Florida
33483
Mr. Bob Barcinski
Assistant Manager City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Dear Bob:
Please find enclosed our certificate of insurance and hold
harmless agreement. I need a waiver to serve alcoholic beverages
from you.
Thank you so much for all your help in this matter.
Carolyn Patton
Enclosures
We have had to change our tent location for our November
fundraiser. In order to get enough people seated, we will need the
Sandoway Parking Lot from 5 p.m. Thursday, Nov 20 through
Monday, Nov. 24 for our tent. We will need the Ingraham Parking
Lot from Noon on Saturday Nov. 22 until midnight on Nov. 22 for
our parking.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM #~''~'1~1{~,3 - REGULAR MEETING OF OCTOBER 21, 2003
INDEPENDENT CONTRACTOR AGREEMENT/THE ARC
OCTOBER 17, 2003
This is before the Commission to approve an independent contractor agreement between the City of
Deb:ay Beach and The ARC for a trained inclusion specialist for a special needs child in our Out of
School program in the approximate amount of $15,012.00.
According to Federal Law and The Americans with Disabilities Act (ADA), all children with special
needs must be provided the opportunity to participate in mainstream activities. We have had a
parmership for ten (10) years with The ARC, an agency that provides services for children and adults
who are developmentally disabled. During that time, funding of $20,000 has been approved each
budget year to cover expenses for inclusion staff, wheelchair vans and adapted equipment. This year
the Out of School Program is a new yearly program and we would like to use an independent
contractor agreement for the trained inclusion specialist that The ARC has provided to us since
August 11, 2003. We are currently paying for the service at two-week intervals.
The agreement has been reviewed by the City Attorney's office and Joe Safford, Finance Director, has
set up a payment schedule.
Recommend approval of the independent contractor agreement with The ARC.
S:\City Clerk\agenda memos\The ARC.10.21.03
DELRAY 8EACH
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David Harden
City Manage~
Rodger R. Ribeiro, CPRP
Recreation Superintendent
Joe Weldon
Director of Park~ & Recreation
October 6, 2003
The Arc Contractual Services
We presently have a special needs child enrolled in our Out of School Program. According to Federal Law and
the ADA (Americans with Disabilities Act), all children with special needs must be provided the opportunity to
participate in maiuslxeam activities. We have had a parmership for 10 years with The Arc, an agency lhat
provides services for children and adults who are developmentally disabled. Dunng that time, funding of $20,000
has been approved each budget year to cover expenses for inclusion staff, wheelchair vans and adapted
equipment. This year the Out of School Program is a new yearly program and we want to use an independent
contractor agreement for the trained inclusion specialist The Arc has provided us for approximately $15, 012 (see
atlached invoice).
The Arc has provided the inclusion specialist since August 11, 2003 to the Out of School Program and we are
~tly paying for the service at mo-week intervals.
Susan Ruby, City Attorney, has reviewed the legal contract and Joe Safford, Finance Director has set up a
payment schedule.
We would like to put the Independent Coatractor Agreement on the October 21't City Commission Agenda for
approval.
If you have any questions, please call me at ext. 7256 or e-mail me at ribeiro(&,delray-beach.fl.us.
lo~ Saffor~ Finance Director
Susan Ruby, City Attorney
Rich Cormell, Assistant Direetor of parks & Recreation
Alberta Oaum-Rickard, Budget Techn/cian
File
Arc
.. provldlng fo~y-five years
~f qunlily services for c&lldren
md adults who are
tevelopmentally disabled
}card of Directors
~,ndrea McMillan, Esq.
~resident
vielanie J*acobson
~irst Vice President
?aul Marti~elli
~econd Vice President
July 30, 2003
Delray Beach Parks and Recreation
50 N.W. 1st Avenue
Delray Beach, FL 33444
Rodger Riberiero, Kecreation Superintenden[
INVOICE
~4ichclc Poolc
~ecretary
~,nthony Gravett
Treasurer
Florence Bonsuk
President Elect
Kieran KildaY
Past President
Board Members
Margarita Abrishami
Jeffrey Azis
Rep. Mary Brandenburg
Robert Campbell
Linda Cascy
Sally Ch~'r
Pat Cirkus
Don Cook
Mar~ Beth Crane
Clinton Glass
Tom Head
Danielle Hickox
Carol Hochstaedt
Jo Ann Barone Kotzen, Esq.
Malcolm McCampbell
Tracy Marchand
James McCarten
Sharon Marchant
Mark Mirkin, Esq.
Dr. Joseph Orr
Debra Ruedisili
M~nu Sasser, Esq.
Glen Trot~a
Amy Young '
Executive Director
Joyce W. Laird
Funded in part by
Accredited by
Dear Rodger,
The following is an invoice for aa Arc shadow staff person John Petrofsky for you're
after school program, school days out, trainings' & summer day camp.
John has worked fdr the Arc for three years & is attending Palm Beach Community
College.
$5,955.44 Afte~ school program days 'from 2:00 p.m. - 6:00 p.m.
$1,617.60 School days out 8:30 a.m..- 4:30 p.m.
$242.64 PDD days 2:00 p.m. - 6:00 p.m. ' ·"::--
$80.88 Orientatign August 11, 2003 9:00 a.m. ~ 5:00 p.m.
$4,044 Summer day camp 8:30 a.m. - 4:30 p.m.
$3,071.44 Workmon's comp & taxes, Payroll costs & Director of Recreation
The total cost is $15, 012 payable tq the Arc.
please mail to The Arc:
120I Australian Avenue
Rivera Beach, FL 33404
Attention: Recreation
Thank you,
Director of Recreation, CLP
INVOICE
The Courlm Center: 120I Australian Avenue, Riviera Beach, FL 33404 Phone (561) 842-3213 Fax (561) 863-4352
South County Office: 2923 S. Federal Highway, Suit~ 2, Boynton Beach. FL 33426
Phone (561) 739-9313 Fax (561) 739-9821
e-malh in fo(~u'cpbo.org website: '*ww.arcpbc,org
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
Writer's Direct Line: 561/243-7091
pe~,?. 6,eaF~
All.k'Aedca City
DATE:
October 3, 2003
MEMORANDUM
TO:
Rodger Ribeiro, Recreation Superintendent
FROM: Susan A. Ruby, City Attorney
SUBJECT: Arc Agreement
I have made the changes you suggested. Please place the agreement on the City
Commission agenda with a cover letter as the amount to be expended exceeds
$15,000 per year.
Thanks.
Attachment
cc: Joseph Weldon, Director of Parks and Recreation
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT made and entered into this __ day of ,
2003 by and between the CITY OF DELRAY BEACH, a Flodda municipal corporation,
hereinafter referred to as ~City", and THE ARC, an Independent Contractor, hereinafter
referred to as "Contractor".
WHEREAS, the parties desire to enter into an agreement to provide services for
special needs children enrolled in the City's Out-of-School Program; and
WHEREAS, the City, and Contractor desire to clarify and define the
responsibilities of the Contractor and its employees and/or agents.
NOW, THEREFORE, for and in consideration of the mutual covenants and
promises set forth herein, the parties to this Agreement do hereby agree as follows:
1. The City hereby retains the services of Contractor who will retain a
person either as an employee or independent contractor of Contractor who will
facilitate the mainstreaming of special needs children in the City's Out of School
Program, School Days Out, Professional Development Days (PDD Days), Orientation
and Summer Camp. As an Independent Contractor, Contractor or its employees or
agents are not officers, nor employees of the City. Contractor must provide a Federal
Tax I.D. number, if applicable, otherwise Contractor must provide a social security
number. Contractor must submit a completed W-9 form at the time of the submission
of the first invoice. In addition, as the City is not the employer of Contractor or of any
person provided by Contractor to perform the service, the person designated by
Contractor to perform the services must also provide the information and
documentation provided in this paragraph.
2. Term: The services will commence on August 11, 2003 and the services
will end on August 10, 2004. The agreement may be renewed for an additional one
year period upon the written mutual consent of the parties. The services will be
provided for the After School Program, Monday-Friday from 2:00 p.m. to 5:30 p.m., and
on School Days Out, from 7:30 to 5:30 p.m., on Professional Development Days (PDD
Days) from 2:00 p.m. to 5:30 p.m., on Orientation day, August 11, 2003 from 9:00 a.m.
to 5:00 p.m., and for Summer Camp, Monday-Friday from 7:30 a.m. to 5:30 p.m. If the
Agreement is terminated by the City, the City shall only be responsible to compensate
Contractor for fees billed up to the date of termination.
3. The total cost of the services provided by Contractor shall be the sum of
$15,012 per year. This covers all costs and expenses including but not limited to
insurance, etc. The Contractor may submit an invoice for a prorated amount for two
(2) weeks worth of work three (3) weeks prior to the work to be performed and the City
will prepay two weeks in advance of the work to be performed.
4. The Contractor or its employee and/or agent are required to have the
proper driver's license as required by the City. The person providing the services must
be acceptable to the City and must pass all screening requirements and must maintain
all qualifications and certifications required by law, rule or ordinance.
5. This Agreement does not create an employer/employee relationship
between the parties or between the City and the person employed by Contractor to
perform the services. Contractor or its employees are not entitled to any benefits paid
to City employees. It is the intent of the parties that under this Agreement, that the
Contractor and its employee and/or agent is not to be considered an employee of the
City for any and all purposes, including but not limited to, the application of the Fair
Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
previsions of the Internal Revenue Code, the State Worker's Compensation Act, and
the State Unemployment Insurance Law. The Contractor is responsible to comply with
all the above laws and provide such entitlements to its employees/agents as required
by law.
6. Contractor shall be responsible for all taxes of any kind. An IRS W-2
form will not be provided. The City will provide an IRS Form 1099 required by law.
Contractor and its employees underStand that no Federal Income Tax or Social
Security will be withheld, unless Contractor requests in writing that Federal Income tax
be withheld by the City.
7. The Contractor shall indemnify, save and hold harmless the City, its
agents and employees from any claim, demand, suit, loss, cost of, expense or damage
which may be asserted, claimed or recovered against or from City or City's agents or
employees, by reason of any damage to property or person, including death, sustained
by any perSon whomsoever, which damage is incidental to, occurs as a result of, or
arises out of the negligent or wrongful act(s) of Contractor and/or Contractor's agents
and employees.
8. That City shall not be responsible for any property damage or personal
injury sustained by Contractor or it employees from any cause whatever, pdor, dudng,
or subsequent to the period of time during which this Agreement is in effect. The
Contractor hereby waives, discharges, and releases the City, its agents and
employees from liability for the negligent acts of City or its employees and agents.
9. The Contractor shall have sole control of the work and the manner in
which it is performed based on the schedule. The City shall furnish vehicles necessary
for the scope of work and certifies that it maintains insurance for the vehicles.
10. This Agreement is a personal service contract and an assignment of this
Agreement by Contractor without the written consent of City is void. The City reserves
the right to reject and/or dismiss an employee or agent provided by Contractor, with or
without cause anytime during the contract period upon giving Contractor wdtten notice
to be effective within five (5) business days of the notice being sent. The City may
terminate the agreement with Contractor for cause or for no cause effective within five
(5) business days after notice has been sent.
11. Contractor shall be free to contract for similar services to be performed
for other entities or persons while under contract with the City. The provision of
services provided for herein is non-exclusive. The City may retain additional entities or
persons to perform the same or similar work, if in its sole discretion the City desires to
de so.
4
12. Contractor shall not discriminate on the basis of age, religion, race, sex,
marital status or handicap or conduct any class which is inappropriate for children in
performance of this Agreement.
13. All notices shall be effective when mailed to the following addresses:
Contractor address:
The ARC
201 Australian Avenue
Riviera Beach, FL 33404
City address:
Robert A. Baminski, Assistant City Manager
100 N.W. Ist Avenue
Delray Beach, Florida 33444
14. This Agreement represents the entire understanding of the parties and
supersedes all other wdtten or oral agreements. Modifications to this Agreement must
be made in writing and mutually agreed to by the parties.
15. Notwithstanding Paragraph 10, Contractor understands that Contractor
and its employees and agents must comply with all applicable laws, rules, and
regulations and maintain all required qualifications to provide the services provided for
under this Agreement. That this Agreement shall be immediately deemed null and void
and notice of termination, as set forth in Section 2 and/or Section 10 is not required, if,
at any time dudng the term of this Agreement, Contractor or its employees and/or
agents do not abide by all applicable laws, rules or regulations, or does not meet HR$
guidelines or fails to retain qualifications necessary to safely and effectively perform the
duties covered by this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:
David T. Harden, City Manager
City Attorney
WITNESSES:
Print Name:
Print Name:
CONTRACTOR
By:
Print Name:
Social Security No.:
Or
Federal Tax I.D. No.
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
is
(SEAL)
The foregoing instrument was acknowledged before me this __
,2003 by
personally known to me or has produced
identification) as identification.
day of
who
(type of
Signature of Notary Public - State
Of Florida
Date: oct. 7, 2003
AGENDA REQUEST
Request to be placed on:
Consent Agenda x Regular Agenda Workshop Agenda Special Agenda
When: Oct. 21, 2003
Description of Agenda Item (who, what, where, how much): Request approval
of an independent contractor agreement for a trained inclusion specialist provided
by The Arc for a special needs child in our Out of School Program. The approximate
amount of $15,012 would come out of the $20,000 budgeted in account #001-4105-572-
34.90.
Department Head
Si. gnature:
C~ty Attorney Revie~rRecommendation (if aPplicable):
Budget Director Review (required on all ite~ involving expenditure of funds):
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: ~/No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
(ff apphcable)
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~ -REGULAR MEETING OCTOBER 21. 2003
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REOUEST
OCTOBER 17, 2003
This is before the Commission for approval of two (2) subsidy awards to eligible applicants/families
under the Delray Beach Renaissance Program for the following properties:
· $13,500.00 for 1650 N.W. 18~ Avenue #204
· $19,238.00 for S.W. 6~ Avenue
One (1) is for acquisition rehabilitation and one (1) is for new construction. This subsidy brings the
total to 155-homeowner assistance grants provided under the City Renaissance Program.
Funding for the total amount of $32,738.00 for this subsidy award is available from 118-1924-554-
49.20 (SHIP Program).
Recommend approval of the funding subC*dy under Delray Beach Renaissance Program as outlined
above.
S:\City Clerk\agenda memo~\R~ 1~10.21.03
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Debra Garcia, C. D. Specialist
Lula Butler, Community Improvement Directo%
October 16, 2003
Delray Beach Renaissance Program Subsidy Requests
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue a subsidy to two (2) eligible
applicants/families under the Delray Beach Renaissance Program. These subsidies bring
the total to 155 homeownership assistance grants provided under the city Renaissance
Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved
by the City Commission on January 23, 1996. In partnership with the Delray Beach
Community Development Corporation, the TED Center, the Community Redevelopment
Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta
and the Delray Beach Housing Authority, we committed to providing homeownership
opportunities to 80 homebuyers through new construction and acquisition rehab
beginning October 1, 1995 through September 30, 1998. The initial agreement was
extended for a term of one year in 1999 and 2000 by all partners and the City
Commission. A new Memorandum of Understanding beginning October 1, 2001 through
September 30, 2004 was approved by all parties and the City Commission on February
19, 2002.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first
mortgage lender. The seminar includes training and information on financial planning,
credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a
comprehensive glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City
Attorney and requires the applicant to maintain ownership/residence for a specified
period according to the amount of the Grant. Grant amounts less than $15,000 per unit
are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts
equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of
10% per year for ten (10) years.
RECOMMENDATION
Staff is recommending City Commission approval to fund subsidies for two (2) eligible
applicants/families of the following properties:
Acquisition Rehab 1650 NW 18th Ave #204 $13,500
New Construction xxx S.W. 6th Avenue $19,238
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 69.05
NAME _Dorothy Spencer
PROPERTY ADDRESS XX S.W. 6th Avenue
LEGAL DESCRIPTION Town ofDelray S. 50 Ft ofW. 135Ft of Blk 24
% OF AREA MEDIAN HOUSEHOLD INCOME 61%
FIRST MORTGAGE
RATE 6.000%
LTV 88.00%
PROJECT/SUBSIDY BREAKDOWN
COST OF UNIT $ 96,000.00
COST OF LOT $ 12,500.00
COST OF DEVELOPER'S FEE $ 3,500.00
Estimated Pre-paids (Lender 1003) $ 1,563.04
Estimated Closing Costs (Lender 1003) $ 5,526.23
TOTAL TRANSACTION: $ 119~089.27
FIRST MORTGAGE $ 95,100.00
TOTAL SUBSIDY $ 19,238.00
Second Mortgage $ 15,738.00
Developer's Fee $ 3,500.00
Estimated Cash To/From Borrower (Lender 1003) $ 4,751.27
NO. IN HOUSEHOLD 3~_
Republic Bank
City of Delra¥ Beach (SHIP)
Delray Beach Renaissance Program
File Narrative
Homebuyer:
Date Drafted:
Partner Agency:
Developer/Builder:
Location:
Funding Source(s):
SHIP Track Year:
Subsidy Amount(s):
First Mortgage:
Lender:
Unit Cost:
Land Cost:
Renaissance Partner Fee:
Dorothy Spencer
October 9, 2003
The Center for Technology, Enterprise and Development, Inc.
XXX S.W. 6th Avenue
State SHIP
2002-2003 New Construction.
$19,238.00
$95,100.00
Republic Bank
$ 96,000.00
$12,500.00
$ 3,500 ** To Be Bistributed Separately by CD Division**
Narrative
Dorothy Spencer is a forty-seven (47) year old divorced mother of two sons, ages thirteen (13) and five (5).
Ms. Spencer has an annual income of $33,455.84. The family of 3 is at 61% of the median income based on
the 2002-2003 HUD Guidelines.
Employment Income
Ed Morse Toyota $24,960.00
(Regular Wages)
Child Support $8,347.82
Basis
($12.00 x hr x 40hrs/wk x52wks/yr)
($695.65 x 12 mths)
Assets
Washington Mutual (checking)
Washington Mutual (savings)
South Trust Bank (CD)
South Trust Bank (CD)
IBM Southeast Employees FCU
Basis
$ 481.59
$ 2,638.69 (0.40%)
$ 706.74 (3.92%)
$ 508.36(1.985%)
$ 3O65.8O
Asset Income Income
$7401.18 x.02 $ 148.02
Basis
SHIP Imputed Income From Assets:
(If assets exceed $5,000, impute income by
multiplying total net family assets by the
passbook rate specified by HUD, which is 2
percent.)
Total Annual Household lncome: $33,455.84
Conclusion
Based on Ms. Spencer's income as reported, the entire household is determined (in accordance with the
2003 FHFC Income Limits) to be at 61% of MFI for a three (3) member household. The household does not
exceed the Iow income limit of $45,200 and is therefore eligible for up to $19,238 in subsidy under the
current Renaissance Program Agreement. A total subsidy in the amount of $19,238 from SHIP funds is
recommended (based on need as requested by the CDC).
s:renaissance program/SHIP/file narrative
JHAITIAN
CA THOLIC
CHI I.~'~
DELRA Y BEACH
MEMORIAL
GARDENS
SoW.
CTH ST.
S.W. 6TH ST.
TREA TMEN *~
PLAN T
S,W. 71~ ST,
ST.
S.H.I.P.
PROGRAM
INITIATIVE
AFFORDABLE
HOUSING-AREA OF
INTEREST
S.W. 6TH AVENUE
SUBJECT AREA
SUPPLEMENTAL INFORMATION
APPROXIMATE ACREAGE: 0.15
ABRIDGED LEGAL DESCRIPTION:
TOWN OF DELRAY S, 50 FT
OF W. 135 FT. OF BLK 24
ZONING: R-I-A (SINGLE FAMILY
RESIDENTIAL)
FLUM: LD (LOW DENSITY
RESIDENTIAL, 0'5 UNITS/ACRE)
EXISTING LAND USAGE;
VACANT
WITHIN TRAFFIC ANAL ¥S/$
ZONE: #561
WITHIN CENSUS
S
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION NO
CENSUS TRACT 69.04
NAME _Jo¥ce Newlin
PROPERTY ADDRESS 1650 NW 18th Avenue #204 Pines of Delray North Condominium
LEGAL DESCRIPTION Pine ofDelray North 10 Bldg 53 Unit 204
12-43-46-07-05-053-2040
% OF AREA MEDIAN HOUSEHOLD INCOME 63%
FIRST MORTGAGE
RATE 5.750%
LTV 83.00%
NO. IN HOUSEHOLD
PROJECT/SUBSIDY BREAKDOWN
COST OF UNIT $ 66,000.00
COST OF LOT $ N/A
COST OF DEVELOPER'S FEE $ 3,500.00
Estimated Pre-paids (Lender 1003) $ 296.70
Estimated Closing Costs (Lender 1003) $ 1,457.00
TOTAL TRANSACTION: $ 71~253.70
FIRST MORTGAGE $ 55,000.00
TOTAL SUBSIDY $ 13,500.00
Second Mortgage $ 10,000.00
Developer's Fee $ 3,500.00
OTHER CREDITS $ 1,980.00
Estimated Cash To/From Borrower (Lender 1003) $ 773.70
Northern Trust
City of Delray Beach (SHIP)
Deposit
Delray Beach Renaissance Program
File Narrative
Homebuyer:
Date Drafted:
Partner Agency:
Developer/Builder:
Location:
Funding Source(s):
SHIP Track Year:
Subsidy Amount(s):
First Mortgage:
Lender:
Unit Cost:
Land Cost:
Renaissance Partner Fee:
Joyce Newlin
October 13, 2003
Community Development Corporation
N/A
1650 NW 18th Avenue #204(12-43-46-07-05-053-2040)
State SHIP
2002-2003 Acquisition Rehab
$13,500
$55,000
Northern Trust
$66,000
$o
$ 3,500 ** To Be Distributed Separately by CD Division**
Narrative
Joyce is a 56 year old single female head of household According to her Verification of Employment, her
annual salary is $27,004.28. Ms. Newlin would like to purchase a condominium. The condo is a 2 bedroom/2
bath home with maintenance fees of $205.00 per month.
Employment Income
MAPEI Corp $26,998.40
Basis
($12.98/hr. x 40hrs/weekly x 52 wks)
Assets Income
Washington Mutual (Savings) $ 5.88
Basis
1,470.10 ($1,470.10 x .04%: 5.88)
Asset Income Income
Basis
SHIP Imputed Income From Assets:
(If assets exceed $5,000, impute income by
multiplying total net family assets by the
passbook rate specified by HUD, which is 2
percent.)
Total Annual Household lncome: 27,004.28
Conclusion
Based on Ms. Newlin income as reported, the household is determined (in accordance with the 2002 FHFC
Income Limits) to be at 63% of MFI for a one (1) member household. The household does not exceed the
Iow income limit of $35,150 and is therefore eligible for up to $17,214 in subsidy under the currant
Renaissance Program Agreement. A total subsidy in the amount of $13,500 from SHIP funds is
recommended (based on need as requested by the CDC).
s:renaissance program/SHIP/fl~e narralJve
CITY OF BOYNTON BEACH ~'~
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ........... ====== ......... =,, __ ,,~,,,~ __ ~
.w. ,8~ s,. . PROGRAM
HOMEBUYER
1650 N.W. 18TH AVE. (#204)
PINES OF DELRAY
FLUM; MD (MEDIUM DENSITY
Agenda Item No.:
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
__ Consent Agenda
Date: October 16 2003
When: October 21, 2003
Description of item:
Authorization and approval to issue subsidies to two (2) eligible applicants under the
Delray Beach Renaissance Program totaling $32,738
Note: These applicants bring the total homeownership assistance grants provided under
the Renaissance Program to date to 155.
Recommendation:
Staff recommends approval of the two (2) subsidy awards. Funds are to be awarded from
the State Housing Initiatives Parmership (SHIP) Program.
SHIPTotaI: $32,738 Account Number: 118-1924-554.49.20
Department Head Signature: ~~l~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available:
Funding Alternatives: 67" (if applicable)
Account No. & Description: I t*g-I~'~.~-$$".l.~el-'~ Ho~ ff.o~.,~ J~,~',
Account Balance: ~ ~ ~ ~ 9J~
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~"g- - REGULAR MEETING OCTOBER 21. 2003
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: OCTOBER 17, 2003
Attached is the Report of Appealable Land Use Items for the period October 6, 2003 through
October 17, 2003. It informs the Commission of the various land use actions taken by the designated
boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda menms\apagmem. 10.21.03
TO:
THRU:
FROM:
SUBJECT:
D,~~RDEN, CITY MANAGER
P~L DORLING, ~I~TOR OF PLANNING AND ZONING
ASMIN ALLEN, PLANNER
MEETING OF OCTOBER 21, 2003 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 6, 2003 THRU
OCTOBER 17, 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 October 6, 2003 through October 17,
2003.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting, the
appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E)
of the LDRs applies. In summary, it provides that the City Commission hears appeals of
actions taken by an approving Board. It also provides that the City Commission may file an
appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
A. Approved (6 to 0, Deborah Dowd absent) a request for a color change for Sunoco, an
existing gasoline station located at the southwest corner of SE 6th Avenue (northbound
Federal Highway) and SE 2nd Street (200 SE 6th Avenue).
B. Approved (6 to 0), a request for a color change for Atlantic Blinds and Flooring, an
existing commercial building, located on the east side of NE 5th Avenue, between NE
1st Street and NE 2nd Street (117 NE 5th Avenue).
C. Approved (6 to 0), a Class I site plan modification associated with the installation of a
new canopy, new light fixture and color change for Sammona, an existing commercial
building, located on the east side of North Federal Highway, north of George Bush
Boulevard (825 North Federal Highway).
City Commission Documentation
Appealable Items Meeting of October 21,2003
Page 2
D. Approved with conditions (6 to 0), a Class I site plan modification associated with
fa(;ade changes for 111 East Atlantic Avenue (aka Old School Bread Company),
located at the northeast corner of East Atlantic Avenue and NE 1st Avenue.
E. Tabled (6 to 0), a Class III site plan modification, landscape plan and architectural
elevation plan associated with a 587 square foot building addition for National
Compliance Services, located at the northeast corner of SE 5th Avenue (southbound
Federal Highway) and SE 3rd Street (285 SE 5th Avenue). The Board tabled the request
and directed the applicant to shift the proposed addition 5 feet to the north, and to
provide more details on the elevation plans and on the landscape plan.
F. Approved with conditions (5 to 0, Gary Eliopoulos stepped down), a Class Ill site plan
modification, landscape plan and architectural elevation plan associated with the
construction of a three story mixed-use building to accommodate 3,767 sq. ft. of retail
area on the first floor and three (3) residential dwelling units on the second and third
floors for Antique Country Pine, located on the west side of North Federal Highway,
south of Gulf Stream Boulevard (2222 North Federal Highway).
No Regular Meeting of the Planning and Zoning Board was held during this period.
No Regular Meeting of the Historic Preservation was held during this period.
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
October 21, 2003
....... -
S.P,R,A,B.:
A. SUNOCO
B, ATLANTIC BLINDS & FLOORING
C. SAMMONA
D. Ill EAST A TLANTIC AVENUE
E. NATIONAL COMPLIANCE SERVICES
F. ANTIQUE COUNTRY PINE
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COlVlMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~'~ - REGULAR MEETING OF OCTOBER 21. 200;5
AWARD OF BIDS AND CONTRACTS
OCTOBER 17, 2003
This is before the City Commission to approve the award of the following bids:
Bid award to Vila & Sons Landscaping Corporation m the mount of $49,800.72
for the irrigation and landscape improvements to three (3) medians on Federal
Highway and Linton Boulevard. Funding is available from 119-4151-572-63.20
(Beautification Trust Fund/Landscaping/Beautification).
Bid award to various vendors for pipe fittings at an annual cost of $159,411.91.
Funding is available from various departmental operating budgets.
Recommend approval of the above bids and purchases.
,~ \City Clerk\agenda memo\Bid Memo. 10.21.03
Memorandum
NI-AmedcaCity
Horticulturist
1993
2001
TO:
THROUGH:
FROM:
RE:
DATE:
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
NANCY DAVILA
RECOMMENDATION FOR AWARD OF BID- US-1 &
LINTON BOULEVARD BID # 2003-49
OCTOBER 7, 2003
ITEM BEFORE THE COMMISSION
The item before the Commission is the consideration of the award of bid for the irrigation
and landscape improvements to three medians on south US-1 to Vila & Sons
Landscaping Corporation in the amount of $49,800.72.
BACKGROUND
This bid is for the installation of irrigation and landscaping for three medians on Federal
Highway, two are immediately south of Linton Boulevard and one is to the north. The
majority of the funding ($40,000) will be provided by the FDOT through the MPO
beautification program. Landscape plans were prepared by Jerry Turner & Associates of
Florida. This intersection was reconstructed two years ago and the landscaping will
replace the Bahia Sod installed, at that time.
Bids were received fi.om five bidders and ranged fi.om $49,800.72 to $70,692.75. The
lowest responsive bidder is Vila & Sons. The Notice of Tentative Award has been issued
to Vila & Sons. Work will begin as soon as the City executes Joint Participation
Agreements and Maintenance Agreements with the FDOT.
RECOMMENDATION
City Staff and Consultant, Debora Turner, have reviewed the bids and recommend that
the City Commission give favorable consideration to awarding the bid to Vila & Sons
Landscaping Corporation in the amount of $49,800.75. Funding is available in account
# 119-4151-572-63.20.
JERRY TURNER & ASSOCIATES OF FLORIDA~INC.
September 17, 2003
Landscape Architecture Land Planning Environmental Design
277 $.E. 5th Avenue Delray Beach, Florida 33483
MEMO
TO:
Ms. Nancy Davila
City of Delray Beach
RE:
Federal Highway at Linton Blvd. Medians
Landscape Bids
I have reviewed the bid summary received from your office and would recommend the bid be
awarded to Villa & Sons.
I found only one obvious shortfall in the bid which was the price for the new water meter. The
amount in the bid was not enough for a new meter.
If you have any questions please do not hesitate to call.
Debora Turner
Telephone: 561.276-0453 fax: 561.997-8667 e-mail: dkto~bellsouth.net
~! ~o ~o ~ ~ ~o ~ ~ ~o ~
oo oo oo ~o oo ~ oo~ OOoo OOoo OOoo
~ oo oo oo ~o oo ~o oo oo oo
E EED~ ~ = o
,~ '-o~° ~ ~ E~ = ~ k
Date: October 9, 2003
Request to be placed on:
AGENDA ITEM NUMBER:
__X__ Consent Agenda
When: October 21, 2003
Regular Agenda
__WorkshopAgenda
__ Special Agenda
Description of agenda item (who, what, where, how much):
Award of Bid for the Irrigation and Landscape Improvements to Three Medians on South
US-I to Vila & Sons Landscaping Corporation in the Amount of $49,800.72. (The Majority
of the Funding will be provided by the FDOT through the MPO Beautification Program.)
Depaihn.e. nt Head ~ _
Signature.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: O / No Initials:
Account Number ! I '~ - "{l~'l - .Y'7~-. {.~-
Description k '~ ~0'~755¢
Account Balance: ~ )'°t
Funding Alternatives:
City Manager Review:
Approved for Agenda:&/ No Initials:
Hold Until:
(if applicable)
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
FROM:
THROUGH:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager
Joseph Safford,~ce Director
DATE:
October 16, 2003
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
OCTOBER 21, 2003 - BID AWARD - BID #2003-52
PIPE FITTINGS & ACCESSSORIES - ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve multiple awards to low responsive bidder(s) listed
below for the purchase of pipe fittings and accessories stocked in the Purchasing Warehouse and
for the Construction Division, at an estimated annual cost of $159,411.91.
Background:
The Water/Sewer Network and Construction Division have a need for an annual contract for pipe
fittings and accessories with funding from their operating budget.
Bids for this contract were received on September 11, 2003, from ten (10) vendors all in
accordance with City's purchasing procedures. (Bid #2003-34 on file in the Purchasing Office.)
This bid contains sixteen (16) groups for commodities which are inventoried in the Utilities
Warehouse, and last group number seventeen (17) is for the Capital Construction Division,
ordered on an as needed basis by Construction Division. A tabulation of bids is attached for your
review.
The Manager of the Water/Sewer Network and Deputy Director of Construction have reviewed
the bids received and have made award recommendations per attached e-mail messages to
Purchasing. Awards were made to low bidders for each group, with the exception of Group #5 -
Pipe Fitting; Corporation Stops and Curb Stops - which was awarded to second low bidder
National Waterworks, based on the delivery time stated in their bid package. This was a
difference of $8.08 (additional cost to City) in group total for this group. The recommended
vendors and estimated annual cost are as follows:
Vendors:
Hughes Supply Riviera Beach
Ferguson Waterworks
Cole Industrial
National Waterworks
Lehman Pipe and Plumbing
Estimated Annual Amount
$ 21,559.85
$124,880.77
$ 44.47
$ 8,931.01
$ 636.02
Savmor Supply Co.
Sunstate Meter & Supply Inc.
$ 1,849.71
$ 1,510.08
Total Estimated Annual Cost
$159,411.91
Recommendation:
Staff recommends multiple awards to vendors as stated above at an estimated annual cost of
$159,411.91. Funding from various departments operating budgets and construction projects.
Attachments:
Tabulation of Bids
Award Memo From Construction Division
Award Memo From Manager Water/Sewer Division
rlTY OF nELAAY
PURCHASING DIVISION
TO:
FROM:
DATE:
SUBJECT:
Scott Solomon, Manager Water/Sewer
Rafael Ballestero, Deputy Director of Construction
Rooney, Purchasing Manager
Jackie
September 25, 2003
Bid #2003-52
Pipe Fittings and Accessories - Annual Contract
Attached is the "Tabulation of Bids" and copies of all bids received for the Pipe
Fittings and Accessories Bid.
Scott - Please review the attached tabulation sheets and forward to Pumhasing
your award recommendation for Groups I through 16.
Rafael - Please review the attached tabulation sheets for Group #17 "Capital
Construction Division" and forward to Pumhasing your award recommendation.
After receipt of the above, I will proceed with the Commission Agenda request.
If you have any questions, you may contact me at ext. 7163.
Attachments
Cc: Joe Safford,~ce Director
Leon Slydell,~'Utilities Warehouse
Richard Hasko, Director of Environmental Services
Dan Beatty, Deputy Director of Public Utilities
Page 1 of 1
Rooney, Jackie
From: Solomon, Scott
Sent: Monday, October 13, 2003 3:25 PM
To: Rooney, Jackie
Subject: Pipe Fittings and Accy.
Jackie
I am in agreement with all Iow bids except line # 5 National Waterworks for $4619.76 has a 1-10 day Delivery time
and Sunshine Meter for $4611.68 has a 21 day Delivery time. I am requesting that National Waterworks be
awarded the contract do to the extra 11 days required by Sunshine Meter and Supply.
1 O/14/2003
Message Page 1 of 1
Rooney, Jackie
From: Ballestero, Rafael
Sent: Monday, October 06, 2003 11:24 AM
To: Rooney, Jackie
Subject: Pipe, Fittings, and Accessories - Annual Contract
Jackie:
I have reviewed the "Tabulation of Bids" package you sent to me. Please award the Group 17
list of items to Ferguson Waterworks.
Thanks, '
Rafael Ballestero
Deputy Director of Construction
10/7/2003
c
AGENDA REQUEST
Request to be placed on: October 21, 2003
Date: October 16, 2003
XX Consent Agenda
Special Agenda
__ Workshop Agenda
Description of agenda item:
Bid Award - Bid #2003-52 - Pipe Fittings and Accessories - Annual Contract. Award to various
vendors at an estimated annual usage of $159,411.91.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation:
Approve award to various vendors listed at an estimated annual cost of $159,411.91 for items for
the City Utilities Warehouse and the Construction Division for various pipe fittings and
accessories. Funding from various departments operating budgets and construction projects.
Department Head Signature:~ ~~
Determination of Consistency with Comprehensive Plan: ~.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving.expenditure o,f f~,nds):
Funding available: Yes No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: ~-"~ ~'~
Hold Until:
Agenda Coordinator Review:
No
Received:
Action: Approved Disapproved
Memorandum
Community Improvement
Horticulturist
1993
2001
TO:
THROUGH:
FROM:
RE:
DATE:
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
NANCY DAVILA ~
FDOT JOINT PARTNERSHIP AGREEMENT FOR US 1 AT
LINTON BOULEVARD -STATE FINANCIAL PROJECT
NUMBER 413460-58-01 to SR 5.
OCTOBER 7, 2003
ITEM BEFORE THE COMMISSION
The item before the Commission is the approval of the Joint Partnership Agreement
(JPA) with the Florida Department of Transportation which provides financial
assistance, in the amount of $40,000 for the irrigation and landscaping for three medians
on Federal Highway near Linton Boulevard.
BACKGROUND
Approximately two years ago, the City was notified that the Metropolitan Planning
Organization had funds left over from the previous fiscal year which could be used for
projects on State roadways in Delray Beach. Due to personnel changes at FDOT, it has
taken longer than anticipated to receive the agreements which guarantee funding.
RECOMMENDATION
Staffrecommends that the Commission enter into the JPA with the Florida Department of
Transportation to provide reimbursable funding assistance in the amount of $40,000 for
beautification enhancements to three medians on Federal Highway.
JEB BUSH
GOVERNOR
Florida Department of Transportation
PLANNING AND ENVIRONMENTAL
MANAGEMENT - DISTRICT 4
3400 West Commercial Boulevard
Fort Lauderdale, Fl 33309-3421
Telephone: (954) 7774601
Fax: (954) 7774310
JOSl[ ABREU
SECRETARY
September 23, 2003
Ms. Nancy Davila
City Horticulturist
Convramity Improvements Department
City of Delray Beach
100NW 1'~ Avenue
Delray Beach, FL 33444
Dear Ms. Davila:
RE: District Four (4) Joint Partnership Agreement (JPA) for SR 5 (US 1) from 1200 feet south of Linton
Boulevard to 1500 feet north of Linton Boulevard
Enclosed are four original Joint Parmership Agreement (/PA) that reflect the landscape and irrigation
improvements to be constructed under State Financial Project Number 413460-58-01 to SR 5.
Please have these executed by the City Council at their earliest convenience returning all to me with one
sealed copy of the Resolution approving such ac~on. Rick Chesser, the Department's District Secretary,
will execute and date the originals returning one for your file.
Call me at 954-777-4219 ifI can be of furtber help.
.Sincerely,
Elisabeth A. Hassett, R.L.A.
District 4 Landscape Architect
CC: File
www.dot.state.fl.us
FM No: 413460-1-58-01
FE1D No: 592-593-203-001
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
CONTRACT NUMBER ANA86
THIS AGREEMENT entered into this day of 200.__, by and between the
State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the
CITY OF DELRAY BEACH, State of Florida, located atl00 NW 1st Avenue, Delray Beach,
FL 33444, hereinafter called the PARTICIPANT.
WITNESSETH
WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the
PARTICIPANT make certain improvements in connection with State FM Number
413460-1-58-01 for irrigation and landscape(s) at State Road 5 1200 feet south of Linton
Boulevard to 1500 feet north of Linton Boulevard, Delray Beach, Florida. Refer to Exhibit "A"
of this Agreement for a detailed Scope of Services; and,
WHEREAS, the improvements are in the interest of both the PARTICIPANT and the
DEPARTMENT and it would be more practical, expeditious, and economical for the
PARTICIPANT to perform such activities; and,
WHEREAS, the PARTICIPANT by Resolution No. adopted on
,200 , a copy of which is attached hereto and made a part
hereof, authorizes the proper officials to enter into this AGREEMENT.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint
participation on the PROJECT, the parties agree to the following:
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The PARTICIPANT shall be responsible for assuring that the Project complies with all
applicable Federal, State and Local laws, rules, regulations, guidelines and standards.
3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other
data and information pertaining to the Project available to the PARTICIPANT at no extra
cost.
4. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for
additional work for the Project. The PARTICIPANT will make best efforts to obtain the
DEPARTMENT input in its decisions.
5. The DEPARTMENT agrees to pay the PARTICIPANT for a portion of the services
described in Exhibit A of this agreement. The PARTICIPANT has stated that the total cost
of the services will be $ 53,861.37.The total DEPARTMENT contribution towards this
project is not to exceed Forty Thousand Dollars and No Cents ($ 40,000.00).
FM No: 413460-1-58-01
FEID No: 592-593-203-001
In the event it becomes necessary for the DEPARTMENT to institute suit for the
enforcement of the provisions of this Agreement, the PARTICIPANT shall pay the
Department's reasonable attorney fees and court costs if the DEPARTMENT prevails.
Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent
phases of the Project, the AGREEMENT may be amended to identify the respective
responsibilities and the financial arrangements between the parties.
8. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise
encumbered by the PARTICIPANT under any circumstances without the prior written
consent of the DEPARTMENT. However, this AGREEMENT shall run to the
DEPARTMENT and its successors.
9. Except as otherwise set forth herein, this AGREEMENT shall continue in effect an be
binding to both the PARTICIPANT and the DEPARTMENT until the Project is accepted
in writing by the DEPARTMENT's Project Manager as complete, or
August 1, 2005 whichever occurs first.
10. Payment shall be made only aRer receipt and approval of goods and services unless advance
payments are authorized by the State Comptroller under Section 215.422(14), Florida
Statutes, or by the Department's Comptroller under Section 334.004(29), Florida Statutes.
11. If this Agreement involves units of deliverables, then such units must be received and
accepted in writing by the Project Manager prior to payments. The Department will render a
decision on the acc6ptability of services within IO working days of receipt of a progress
report. The Department reserves the right to withhold payments for work not completed, or
work completed unsatisfactorily, or work that is deemed inadequate or untimely by the
Department. Any payment withheld will be released and paid to the PARTICIPANT
promptly when work is subsequently performed.
12. Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
13. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the
Department's Travel Form No. 300-000-01 and will be paid in accordance with Section
112.061, Florida Statutes.
14. Participants providing goods and services to the Department should be aware of the
following time frames. Upon receipt, the Department has (5) five working days to inspect
and approve the goods and services. The Department has 20 days to deliver a request for
payment (voucher) to the Department of Banking and Finance. The 20 days are measured
from the latter of the date the invoice is received or the goods or services are received,
inspected and approved.
15. If a payment is not available within 40 days, a separate interest penalty at a rate as
established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in
addition to the invoice amount, to the Participant. Interest penalties of less than one (l)
FM No: 413460-1-58-01
FEID No: 592-593-203-001
dollar will not be enforced unless the Participant requests payment. Invoices that have to be
returned to a Participant because of Participant preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until a properly completed invoice
is provided to the Department.
16. A Vendor Ombudsman has been established within the Department of Banking and Finance.
The duties of this individual include acting as an advocate for contractors/vendors who may
be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's
Hotline, 1-800-848-3792.
17. Records of costs incurred under the terms of this Agreement shall be maintained and made
available upon request to the Department at all times during the period of this Agreement and
for three years after final payment is made. Copies of these documents and records shall be
furnished to the Department upon request. Records of costs incurred includes the
Participant" general accounting records and the Project records, together with supporting
documents and records, of the contractor and all subcontractors performing work on the
project, and all other records of the Contractor and subcontractors considered necessary by
the Department for a proper audit of costs.
18. In the event this contract is for services in excess of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of
Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess
of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no
money may be paid on such contract. The Department shall require a statement from the
Comptroller of the Department that such funds are available prior to entering into any
such contract or other binding commitment of funds. Nothing herein contained shall
prevent the making of contracts for periods exceeding one year, but any contract so made
shall be executory only for the value of the services to be rendered or agreed to be paid
for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all
contracts of the Department which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than
one year."
19. The Department's obligation to pay is contingent upon an annual appropriation by the
Florida Legislature.
20. The PARTICIPANT warrants that it has not employed or obtained any company or person,
other than bona fide employees of the PARTICIPANT, to solicit or secure this
AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or
firm, other than a bona fide employee employed by the PARTICIPANT. For breach or
violation of this provision, the DEPARTMENT shall have the right to terminate the
AGREEMENT without liability.
FM No: 413460-1-58-01
FEID No: 592-593-203-001
21. To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees to
indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands
liabilities, and suits of any nature arising out of, because of or due to any intentional and/or
negligent act or occurrence, omission, or commission of the PARTICIPANT, its agents,
employees, contractors, subcontractors and/or consultants arising out of this contract or the
work which is the subject hereof. It is specifically understood and agreed that this
indenmification clause does not cover or indemnify the DEPARTMENT for its own
negligence.
22. This AGREEMENT is governed by and construed in accordance with the laws of the State of
Florida.
23. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein, and
the parties agree that there are no commitments, agreements or understandings concerning
the subject matter of this agreement that are not contained in this document. Accordingly, it
is agreed that no deviation from the terms hereof shall be predicated upon any prior
representation or agreements whether oral or written. It is further agreed that no
modification, amendment, or alteration in the terms and conditions contained herein shall be
effective unless contained in a written document executed with the same formality and of
equal dignity herewith.
24. Any or all notices (except invoices) given or required under this Agreement shall be in
writing and either personally delivered with receipt acknowledged or sent by certified mail,
return receipt requested. All notices delivered shall be sent to the following addresses:
If to the DEPARTMENT:
Florida Department of Transportation - District Four
3400 West Commercial Boulevard
Fort Lauderdale, Florida 33309-3421
Attn: Elisabeth Hassett
With a copy to: Cleo Marsh
A second copy to: District General Counsel
If to the PARTICIPANT:
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Attn: Nancy Davila, City Horticulturist
Community Improvements Department
With a copy to: Attorney
FM No: 413460-1-58~01
FEID No: 592~593-203-001
IN WITNESS WHEREOF, this Agreement is to be executed below for the purposes specified
herein. Authorization has been given to enter into and execute this Agreement by Resolution
No. , hereto attached.
..... .C.I .T.~..O.F DELRAY BEACH
· ~.' ~. · .
- -~:~ .....
CHAIRPERSON
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
RICK CHESSER, P.E.
DISTRICT SECRETARY
ATTEST:
(SEAL)
APPROVED:
~.~.~.~ .~.!I~,RTICIPANT[ ATTORNEY
APPROVED: (AS TO FORM)
BY:
DISTRICT GENERAL COUNSEL
APPROVED:
BY:
ENVIORNMENTAL MANAGEMENT
ADMINISTRATOR
FM No: 413460-1-58-01
FEID No: 592-593-203-001
EXHIBIT A
SCOPE OF SERVICES
The PARTICIPANT (City of Delray Beach) will develop and furnish to the DEPARTMENT
irrigation and landscape plans and specifications for State Road 5 from 1200 feet south of Linton
Boulevard (M.P. 7.897) to 1500 feet north of Linton Boulevard (M.P. 8.408) and subsequently
furnish and construct the irrigation and landscape as shown in the plans and specifications
prepared by Jerry Turner & Assoc. dated July 7, 2003. The following conditions shall apply:
The current Florida Department of Transportation Design Standard Index 546
must be adhered to,
Clear zone/horizontal clearance as specified in the plans Preparation Manual -
English Volume 1, Chapter 2 must be adhered to,
Landscape shall not obstruct roadside signs or permitted sight window for outdoor
advertising signs as permitted in F.A.C. 14-40,
Irrigation and/or Landscape material shall be of a size, type and placement so as
not to impede large machine mowing that the DEPARTMENT currently
provides and will continue to provide at the same frequency,
Should the PARTICIPANT elect to design, furnish and construct irrigation, all
costs associated with water source connection(s), continued maintenance of the
distribution system and water and electricity costs shall be born solely by the
PARTICIPANT.
f.
During the installation of the project and future maintenance operations,
maintenance of traffic shall be in accordance with the current edition of the
MUTCD and the current Department Design Standards (series 600),
The PARTICIPANT shall provide the local maintenance office located at 5548
N.W. 9th Avenue Fort Lauderdale, FL 33309, (phone 954-776-4300) a twenty-
four (24) hour telephone number and the name of a responsible person that the
DEPARTMENT may contact,
If there is a need to restrict the normal flow of traffic it shall be done on off-peak
hours (9 AM to 3 PM), and the party performing such work shall give notice to
the local law enforcement agency within whose jurisdiction such road is located
prior to commencing work on the project. The DEPARTMENT's Public
Information Office shall also be notified by phone at 954-777-4092,
The PARTICIPANT shall be responsible to clear all utilities within the project
limits,
The PARTICIPANT shall notify the local maintenance office forty-eight (48)
hours prior to the start of the project.
Date: October 9, 2003
AGENDA REOUEST
Request to be placed on:
X Consent Agenda __ Reg. l~r Agenda __ Workshop Agenda
When: October 21, 2003
Description of agenda item (who, what, where, how much):
Approval of the Joint Partnership Agreement 0PA) with the Florida Department of
Transportation Which Provides Financial Assistance in the Amount of $ 40,000 for the
Irrigation and Landscaping for Three Medians on Federal Highway Near Linton Blvd.
__ Special Agenda
Department Hea,d ~ ~ ff.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Awil~ble:
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
for Agenda:&/ No Initials:
Approved
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David Harden, City Manager
Jacklyn Rooney, Purchasing Manager
Joseph Safford,~v~e Director
October 14, 2003
DOCUMENTATION - CITY COMMISSION MEETING
OCTOBER 21, 2003 - REJECTION OF REP'S RECEWED
FOR REQUEST FOR PROPOSALS FOR TOWING FOR
THE POLICE DEPARTMENT
Item Before Commission:
City Commission is requested to reject all responses received for the Request For Proposals for
RFP #2003-46 - Wrecker Towing Services for the Police Department - and authorize staff to re-
advertise this proposal.
Background:
Request for Proposals were advertised for this service for the Delray Beach Police Department
August 03, 2003. Proposals were received from nine (9) vendors on August 25, 2003. RFP
#2003-46 on file in the Purchasing Office.
Purchasing Staff is recommending rejection of all proposals received for this service based on the
fact that the language in the detailed specifications for responses to be submitted by the vendor
needs to be more clearly clarified and defined for the evaluation committee to choose the most
responsive vendor.
Recommendation:
Staff recommends the rejection of all responses received for Request For Proposal #2003-46
"Wrecker Towing Services for the Police Department" and request authorization approval for
staff to re-advertise this proposal with changes in the detailed specifications.
1993
2001
08/25103 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't Ave., Delray Beaeh~ FL 33444
561-243-7161, 561-243-7163
FAX 561-243-7166
8
!
i
0
9
Memo
To:
From:
Subject:
Date:
David T. Harden - City Manager
Lula Butler - Director, Community Improvement
Policy Governing the Granting of Lien Reductions
October 16, 2003
ITEM BEFORE THE COMMISSION:
We are requesting City Commission approval of the proposed policy and general guidelines
governing requests for the reduction of municipal liens.
BACKGROUND:
The proposed policy was considered by the City Commission at their workshop meeting on
October 14, 2003. Staff has provided the changes and additions pursuant to the direction
given by the Commission. The policy clearly states that requests for lien reduction will be
considered when the intended applicant is participating in the goal to provide single family
homeownership opportunities.
RECOMMENDATION:
Approval of the proposed policy and general guidelines goveming requests for the reduction
of municipal liens.
LB:DQ
Attachment
· Page I
CITY OF DELRA Y BEA CH
REQUEST FOR REDUCTION OF MUNICIPAL LIENS
GENERAL GUIDELINES AND PROCESS
The City Commission may receive and consider requests for reducing municipal liens
assessed on properties located within areas designated as "Revitalization" "Rehabilitation" or
"Redevelopment" under the approved Comprehensive Plan that support the goal to provide
new single family homeownership opportunities. City Commission consideration will be done
under the following conditions:
Requests for reduction of liens assessed to properties located within the designated
areas may be considered by the City Commission provided that the intended use of the
property is consistent with the City's goals and objectives to provide single family
homeownership opportunities. Requests may be submitted through the Department of
Community Improvement on the approved forms from an individual, non-profit agency,
the Community Redevelopment Agency or other for profit Investment Corporations and
businesses.
2. A non-refundable processing fee in the amount of $100 shall be paid at the time of the
formal request except for non-profit organizations and the CRA.
3. The City Commission may approve the reduction of municipal lien requests pursuant to
the following cdteda:
CRA and Non-Profit partners participating in the City's Renaissance
Affordable Housing Program - liens may be reduced by up to 100% in support
of creating affordable homeownership opportunities or for general public benefit
as defined under the CRA initiatives.
Individuals and For-Profit Investment Corporations or other businesses -
liens may be reduced up to the total amount assessed for interest and
administrative fees only. The City's actual out of pocket cost must be paid. The
Commission may consider hardships or other unusual circurestances in
determining the amount of reduction to be approved. The Commission shall
also require the submission of a building permit application for identified
imprevereents to the property pdor to the release of liens.
All required payments shall be paid within 30-days of City Commission approval.
Payments not made within this time period will forfeit the approved reduction.
The satisfaction of liens or deductions will not be recorded in the official records
until the outstanding balance is paid and/or other stipulations imposed by the
Commission are met.
This policy is directed at Municipal Liens only; other liens such as utilities or those assessed
by the Cede Enfomement Board may also be recorded on properties, these are identified
through the City Clerk's office under a separate request.
The process will be as follows: (Requester)
Submit the completed "Request for Reduction of Municipal Lien" Form (attached)
along with a non-refundable check or cash payment in the amount of $100 to the
City of Delray Beach, Director of Community Improvement, 100 NW 1~t Avenue,
Delray Beach.
· Page 2
· Attached to the request form proof of ownership or purchase contract.
The Community Improvement Department will:
· Analyze outstanding liens and determine interest, administrative and hard cost
amounts
· Formulate staff recommendation concerning lien reductions
· Notify the requester concerning the staff analysis and recommendation, and
· Schedule the lien reduction request for City Commission approval; notify the
applicant of the date and time of the agenda item.
RECOMMENDATION:
Staff is recommending City Commission consideration of the proposed policy goveming the
process and guidelines for request to reduce municipal liens as provided for in this transmittal
memorandum and direction to staff for desired changes and/or additions.
LB/Attachment
· Page 3
City of Delray Beach
Department of Community Improvement
REQUEST FOR REDUCTION OF MUNICIPAL LIENS FORM
1. Please complete the information listed below as the requester for lien reduction.
· Requester's Name (if business, please list company name and contact person):
· Address:
· Contact Telephone Number:
· Fax Number:
· E-mail address:
2. Please indicate if the company listed in 1, above (if applicable) is:
[] For Profit
[] Non-Profit
3. Property information - Describe the property for which this request is being made:
· Address:
· Property Control Number (PCN):
12-
· Legal Description:
4. Property acquisition information:
· Date of Purchase:
· Method of Purchase: Tax Certificate: __5
· Purchase Price $
5. Briefly describe exactly what you are requesting from the City:
6. Briefly describe the purpose for which subject property will be utilized and your
proposed timetable for implementing such use:
7. Have you requested lien reductions at any other time from the City of Delray Beach?
If so, when and on what property:
Owner (or owner's agent) Signature
Date Submitted
Agent's Title
Date: 10/16/03 AGENDA ITEM NUMBEI~ qO
O
AGE NDA RE OUE ST
Request to be placed on:
Consent Agenda
__ Regular Agenda
__ Workshop Agenda_
When: 10/21/03
Description of agenda item (who, what, where, how much):
Proposed Policy and General Guidelines Governing Requests to Reduce Municipal Liens
Special Agenda
Department Head
Signature: ~~/ ~~gi;~' --
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
for Agenda:(~/ No Initials:
Approved
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
MEMORANDUM
TO:
FROM:
SUBJECT:
DAT/6:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~.
AGENDA ITEM #~ ~ D - REGULAR MEETING OF OCTOBER 21. 2Q03
CONTRACT AWARD/CUSTOM BUILT MARINE CONSTRI. I~TrlON,
INC.
OCTOBER 17, 2003
This is before the City Commission to approve a contract award to Custom Marine Construction, Inc.
in the amount of $139,649.06 for the replacement of existing seawalls at SE 3e Street and NE 4t~
Street and replacement of the 90 feet and 140 feet docks at Veterans Park.
The Cost is $99,399.06 for the SE 3~ and NE 4~ Street Seawalls and $40,250.00 for the dock
replacements at Veterans Park.
Because of the safety issues involved, I strongly recommend that we award both akemates. We will
transfer funds as necessary from other line items to cover the costs of both docks. Funding is
available in 44805461-538-65.56 and 001-412-572-46.90.
S:\City Clerk\agenda memo~\Contract Award..Cusmvn Built Marine Copstmction, Inc.
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
September 30, 2003
SE 3rd Street & NE 4th Street Seawall Park
Project # 200t-039
Contract Award
Commission Agenda Item
This agenda item is for Commission approval/authorization for Mayor to execute Contract with Custom
Built Marine Construction. This Contract is for replacement of existing seawalls at SE 3rd Street & NE 4th
Street Seawall Park and replacement of the ~ sectio~of wood dock at Veteran's Park.
The project was bid with the replacement of the two seawalls as the base bid and the two sections of
wood docks (90' and 140' sections) at Veteran's Park as bid alternates.
Total cost for this Contract is $1~5,149.06, base bid of $99,399.06 and an add alternate of $15,750.00 for
replacement of the 9Oft section of wood dock at Veteran's Park. Funding is provided below. Upon
completion of the project the City will receive reimbursement in the amount not to exceed $20,000 from
FIND.
Account # Description Contract Amount Account Balance
448-5461-538.65-66
001-4126-572.46-90
Total
SE 3rd & NE 4th St.Seawall $ 99,399.06
Par~s, Other ~epair/Maint. $
*after budget transfer /J~?/4 ~/?- ~ ~c~
The attached map shows the project locations and the complete bid tabulation for this project.
Please place this item on the October 21, 2003 Commission Agenda.
Thanks.
enc
cc:
Richard Hasko, P.E., Director of Env. Svcs.
Joseph Safford, Finance Director
file
S :~EngAdrninV=rojects~200112001-O39tOFF IClAL ~2003sept30R agendamerno, doc
ATLANTIC
ENVIRONMENTAL SERVICES DEPARTMENT
SE 3RD & NE 4TH ST.
SEAWALL PARKS
2001-039
I10F1
Memorandum
To:
Fr~m:
Date:
Subject:
Director of Parks and Recreation - Joe Weldon
Assistant Director of Parks and Recreation- Rich Connell
May 14, 2003
Veterans Park Boat Docks
Please see attachments resardin~ the hszardous condition of portions of the boat docks at
Veterans Park reported to me via telephone, email, and followed up with a memo through
Captain Koss Licata to me on 5/13/03 at 5:00 PM. t immediately emailed Parks
Maintenance to address the problem the morning of 5/14/03 which Ires been done per
Tim Simmons. I will assist in the daily inspection of the docks for loose dock planks,
fenders, and raised n~il heads as I am currently doing at the City Marina each morning.
The photos were taken bythe Police Department and speak for themselves. I have also
included quotes l~om Boca Dock and Seawall I requested in April 2002 to replace the
Veterans Park docks at the same time I was seeking quotes for the finger piers at the City
Marina. I discussed the condition of the Veterans Park Boat Docks with the estimator at
· the time who recommended replacement of the docks and sealing the seawall as soon as
funds were available.
While this facility is managed by Parks Maintenance I recommend the funds for
replacement of the Veterans Park docks be added to our currenl budget request if they
have not akeady been included. I spoke with the owner of Boca Dock and Seawall who
advised me to add 5% to the amounts on the quotes for current pricing information~ With
the t~enerai public'.s constant use of this facility in addition to the scheduled charters at
the north end of Veterans Park Dock, hazardous conditions as indicated in the attached
photos are unacceptable.
Richard Connell ~
Assistant Director of Parks and Kecreation
Cci
Budget Technician - Alberta Gaum
Police Captain- Koss Licata
Parks Superintendent - Tim Simmons .
Memo
UNSAFE DOCK CONDITION AT VETERAN'S PARK
3'o: Captain R. Licata ~ z~'~
From: Officer A..Arena ~
CC: . Ca. ptain R. Phillips, Offiqer M. Kos ck
Dat~ 5/13/03 ' '
Captain:
At last evenings Marine Patrol meeting, I was advised that the docks at Veteran's Park are in an unsafe
condition. Today I went to the park to see the condition for myself. What I found is not only unsafe, but
an accident - and lawsuit - waiting to happen. Officer Kosick was made aware of the condition of the
docks on Apdl 20th and placed several calls t~ the Parks and Recreation Department. According to
Officer Kosick's log, on April 22"~ two supervisors from Parks and Recreation responded to the park
· and replaced three boards on the north dock and three boards on the south dock· As you can see from
the attached photos, serious repairs are still needed to make the docks safe.
In photo 'A', one can see the vertical support separating from the pier. This support noi only keeps the
boats from going under the dock, but it also serves to assist boaters climbing out (~f their boats. This.
clearly could pull loose causing someone to fall into ~he water.
In photos 'B' & 'C', one can see that the boards, when stepped on from a'bce[, lift fight up (them are
numerous in this condition). This too can cause an indMdual to fall into the water or become crushed
between the boat and the ddck.
In photos 'D', 'E', 'F' & 'G', one can see that'the nails holding the wood together are pulled out and the
wood is separating from their supports.
In photo 'H", one example, one can see that some boards are so weather beaten that they are no
longer strong enough to support the weight of people walking on them.
In photo '1', one can see that the boarding ladder is loose and the left handle is leaning about 10
degrees to the left.
In photo 'J', one can see the difference that the new'boards make in the safety of the dock.
In photos 'K' & 'L', one can see that in the interest of public safety, Officers Kosick, Rashkind and 1
cordoned off the docks to keep people from wa king on them.
Captain, any assistance that you can give in speeding up the obvious repairs which are needed for the
safety of anyone using the docks, would be greatly appreciatad!
Date: September 30, 2003 AGENDA ITEM NUMBER: q D
AGENDA REQUEST
Request to be placed on:
X Consent Agenda Regular Agenda Workshop Agenda
Agenda
Special
When: October 21, 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
Custom Built Marine Const. Inc. This Contract is for replacement of existing seawalls at SE 3rd Street
& NE 4th Street Seawall Park and a~t sectioffof wood dock at Veteran's Park.
Total cost for this Contractis ~. Funding is provided as follows:
Account # Description Contract Amount Account Balance
448-5461-538.65-$6 SE 3ra & NE 4th St .Seawall $ 99,399.06 *$101,620.80
001-4126-572.46-90 Parks, Other Repair/Maint. $ ....... -
Total $
* after budget transfer
Staff Recommendation: A~ Con.ct__
Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Initials: J~(~
Funding Available: k~pd No
Account Number -~ee ab~,ze l~L~..~q(~[~'~..~,~,~
Description ~hnve
Account Balance: ~ abeve
Funding Alternatives: (if applicable)
Cit- Mana-er Review' - q l -Sq2-qb O
' ApproVed for~ Age~da'~~~. / No Initials:. ~-~'
Hold UntilJ,~~~
Agenda Coordina~ie~:. _ _~.
Received' ~ ~ ~~~
S:kEngAdmin~ProjectsX2001N2001-039XOFFICIALX2003sept30R agenda.doc
lIT',' OF nELRriV BEfl[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
October 16, 2003
City Commission
Susan A. Ruby, City Attorney
TyIke v. City of Delray Beach
The City Commission directed our office to obtain $45,000 in attorneys' fees and
costs. Plaintiff has accepted the offer payable as follows: $35,000.00 due on
November 4, 2003 and $10,000.00 payable within ninety (90) days.
Our office recommends acceptance of this settlement agreement, subject to the
receipt of an agreement and releases acceptable to our office.
Please place this item on the October 21, 2003 City Commission agenda.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Steve Radford, Esq.
Fred Gelston, Esq.
Gene Montfort, Gallagher Bassett
rlT¥ OF UELRIW BEI3rH
CiTY ATTORNEY'S OFFICE
DELKAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
~m C~ty
1993 2001
TO:
MEMORANDUM
October 20, 2003
City Commission
David T. Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Bond Issue- Fifth Draft Resolution-Statutory Requirements
Our office has produced a fifth draft of the resolution and ballot language in
accordance with State Statutes. Additional narratives have been provided in the
description of the bond components attached to the resolution.
Florida Statutes governs bond referendums in Sections 100.201 through 100.351.
The ballot language is required to be restricted to 75 words or less to explain the
chief purpose of the measure, and the ballot title must be 15 words or less. The
ballot title should address the measure as it is commonly referred to. Each
measure is to include the amount of the bond and interest rate and other details
necessary to inform the electors. Also, the words "For Bonds" and "Against
Bonds" must be included with the question. (See F.S. Sections 100.201-100.351
and 101.161).
Once you advise me to do so, I will distribute the resolution to the Library and to
Old School Square and the City Clerk in order to initiate the formal bond
referendum process.
I would appreciate it if you would consider the resolution and ballot wording at your
October 21, 2003 City Commission meeting so that it can be translated into
Spanish and advertised in accordance with law.
e know the changes you recommend.
Attachment
RESOLUTION NO. 72-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, PROVIDING FOR THE ISSUANCE OF
GENERAL OBLIGATION BONDS FOR THE PURPOSE OF
FINANCING THE (A) ACQUISITION OF LAND, THE
CONSTRUCTION AND EQUIPPING OF UP TO THREE NEW
NEIGHBORHOOD PARKS, THE CONSTRUCTION AND
EQUIPPING OF A SOCCER COMPLEX; THE CONSTRUCTION,
RECONSTRUCTION AND EQUIPPING OF CERTAIN EXISTING
PARKS THROUGHOUT THE CITY IN THE PRINCIPAL AMOUNT
NOT EXCEEDING $9,000,000; (B) ACQUISITION OF LAND, THE
CONSTRUCTION AND EQUIPPING OF A NEW RECREATION
CENTER IN THE WESTERN AREA OF THE CITY, AND THE
CONSTRUCTION AND/OR RE-CONSTRUCTION OF
IMPROVEMENTS TO AND EQUIPPING OF CERTAIN EXISTING
RECREATION CENTERS IN THE PRINCIPAL AMOUNT NOT
EXCEEDING $7,000,000; (C) ACQUISITION OF LAND,
CONSTRUCTION OF A PARKING GARAGE AND OTHER
CAPITAL IMPROVEMENTS, AS PART OF THE EXPANSION OF
OLD SCHOOL SQUARE, IN THE PRINCIPAL AMOUNT NOT
EXCEEDING $7,000,000 AND (D) ACQUISITION OF
FURNISHINGS AND FIXTURES FOR THE NEW LIBRARY IN THE
PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000; CALLING
FOR A BOND REFERENDUM OF THE QUALIFIED VOTERS IN
THE CITY OF DELRAY BEACH TO BE HELD JANUARY 20, 2004,
AS TO WHETHER GENERAL OBLIGATION BONDS FOR SUCH
PROJECTS SHOULD BE ISSUED; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Constitution, applicable laws of the State of Florida and the City Charter of
Delray Beach (the "City Charter"), authorize and empower the City of Delray Beach, Florida (the
"City"), to adopt this Resolution; and
WHEREAS, the City Commission of the City of Delray Beach, Florida (the "City
Commission") has determined that it is in the best interest of the City to acquire land and/or
buildings, develop, construct, reconstruct and equip up to three new neighborhood parks, to
develop, construct and equip a soccer complex and to develop, construct, reconstruct and equip
improvements to certain existing parks within the City (herein referred to as the "New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects"); and
WHEREAS, the City Commission has determined that it is in the best interest of the City to
acquire land and/or buildings, develop, construct and/or reconstruct and equip a new recreation
center in the western area of the City as defined herein and to construct and/or reconstruct and
equip improvements to certain existing recreation centers, herein referred to as the "Recreation
Centers Projects"; and
WHEREAS, the City Commission has determined that it is in the best interest of the City to
acquire land, and to construct a parking garage, and other capital improvements, all as needed to
expand and improve Old School Square, in the area more particularly described herein, and
herein referred to as the "The Old School Square Improvements Projects"; and
WHEREAS, the City Commission has determined that it is in the best interest of the City to
provide financing for the furnishings and fixtures for the new library herein referred to as the "New
Library Furnishings and Fixtures Project"; and
WHEREAS, the New Neighborhood Parks, Soccer Complex and Existing Parks
Improvement Project, the Recreational Centers Project, the Old School Square Improvements
Project and the Library Furnishings and Fixtures Project are sometimes hereinafter collectively
referred to as the ("Projects"); and
WHEREAS, the City Commission hereby finds that the Projects will serve valid municipal
public purposes; and
WHEREAS, the City Commission finds it to be in the best interest of the City to issue its
General Obligation Bonds (the "Bonds") in the aggregate principal amount of not exceeding
$9,000,000 for the New Neighborhood Parks, Soccer Complex and Existing Parks Improvement
Projects, not exceeding $7,000,000 for the Recreation Centers Projects, not exceeding
$7,000,000 for the Old School Square Improvements Projects, not exceeding $1,000,000 for the
New Library Furnishings and Fixtures Project, to finance all or a portion of the costs for such
Projects including ail costs incidental thereto and to pay the costs of issuing the Bonds; and
WHEREAS, pursuant to state and local law, this Resolution must be approved at least 30
days in advance of the special election and include the ballot questions and a listing of the
projects to be completed by the bond issue. The Resolution shall give notice of the bond
referendum and the notice shall be published in a newspaper of general circulation within the City
once in the fifth week and once in the third week prior to the week in which the referendum was to
be held; and
WHEREAS, it is necessary and essential to adopt this resolution in order to call for and to
hold a bond referendum at a special election, submitting the issuance of such Bonds for the
approval or disapproval of the residents who are qualified electors within the City.
2 RES. NO. 72-03
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a bond referendum is hereby ordered to be held in the City of Delray
Beach, Florida (City) on the 20th day of January, 2004, to determine whether or not there shall be
issued the Bonds of the City in the aggregate principal amount of not exceeding $9,000,000 for
the New Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects, not
exceeding $7,000,000 for the Recreation Centers Projects, not exceeding $7,000,000 for the Old
School Square Improvement Projects, not exceeding $1,000,000 for the New Library Furnishings
and Fixtures Projects, maturing at such time or times not exceeding twenty (20) years from the
date or dates of issuance of said Bonds, bearing interest at a rate or rates not exceeding the legal
maximum rate of interest and payable at such times and in such manner, all as shall be
determined by subsequent proceedings of the City Commission. The Bonds will be issued for the
purpose of financing the costs of the respective Projects including all costs incidental thereto and
to pay the costs of issuing the Bonds, and shall be payable from ad valorem taxes levied and
collected in the City (without limitation as to rate or amount) on all taxable property in the City
sufficient to pay principal of and interest on such Bonds as the same become due and payable.
Section 2. That the Projects are for a valid municipal public purpose and therefore,
accordingly, subject to approval of the issuance of the bonds by the qualified electors of the City,
the financing of the costs of the Projects shall be payable from the proceeds of the bonds and
such payment is hereby authorized and approved.
Section 3. That the area of the City in which the City will finance the Old School Square
Improvement Projects shall be bounded by East Atlantic Avenue to the South, the Right of Way
line of the FEC Railway to the East, Northeast Second Street to the North and North Swinton
Avenue to the West (herein called the "Old School Square Area").
Section 4. That the area of the City in which the City will finance the new western
recreation center shall be a site located in an area bounded on the east by 1-95, on the west by
Military Trail, on the South by Atlantic Avenue and the North by the City limits (herein referred to
as the '~Vestern Area of the City").
Section 5. That each of the Projects shall consist of various components (herein
referred to as "Component" or "Components"). The Components comprising each of the
Projects, with the estimated costs for each, are more fully described in the report submitted to the
City Commission and attached hereto as Exhibit A and by this reference incorporated herein.
Notwithstanding the principal amounts assigned to each Component, the actual cost of a
particular Component may be greater or less than the estimated cost allocated to such
Component. if the actual cost of a Component is greater than the amount allocated to it in this
Resolution, the City may provide for such deficiency from other available funds or from surplus
3 RES. NO. 72-03
funds that had been allocated to another Component of the same Project. If the actual cost of a
Component is less than that allocated in this Resolution, the City may use such surplus for other
Components of the same Project. If, after application of the foregoing, there remains insufficient
funds to complete a Component due to unforeseen cost escalations or failure to receive
anticipated governmental grants or private contributions, or other unexpected circumstances, the
City may delete a part of such Component or modify such Component so that such Component
may be completed. The City will not delete any Component to generate surplus moneys for other
Components, nor will it expend Bond proceeds in excess of the amounts allocated to each of the
Projects in this Resolution, provided, however, if any part of the Component is not required in
order to complete the project, the funds allocated to the Component may be added to another
Component of the same Project.
Section 6. That the Bonds may be issued all at one time or in part from time to time as
the City Commission may in its discretion hereafter determine by subsequent proceedings.
Section 7. That Bonds shall not be issued for the Projects unless such Bonds
authorized for such Projects shall be approved at the bond referendum by a majority of the
qualified electors of the City and voting in such election all in the manner provided in the
Constitution and the Statutes of the State of Florida.
Section 8. That polling locations or places shall be determined by the Supervisor of
Elections for Palm Beach County, Florida, and all qualified electors of the City who vote in said
election shall vote at said designated polling places. The polls shall be opened on the date of
said bond referendum from seven o'clock a.m. until seven o'clock p.m. on the same day. Only
the duly qualified electors of the City will be permitted to vote in said bond referendum.
Section 9. That the City Clerk shall prepare and give notice of the bond referendum by
causing appropriate notice to be published in accordance with the provisions of Section 100.342
of the Florida Statutes, the City Charter and other applicable provisions of local law at least twice
once in the fifth week and once in the third week in the Boca Raton News, Delray Beach Edition,
and El Latino, newspapers of general circulation within the City, provided the first publication shall
take place in the fifth week prior to the week in which the referendum is to be held, and at least
30 days prior to January 20, 2004 and the second publication shall take place in the third week
prior to the election being held. The City Clerk shall secure from the publisher of the above
newspapers an appropriate affidavit of proof that said notice has been duly published, as herein
set forth, and said affidavit shall be made a part of the record of the City Commission. The ballot
language in both Spanish and English shall also be published pursuant to Florida Statutes
S 101.20 seven (7) days prior to the date of election.
Section 10. That the vote at said bond referendum shall be by the voting device provided
by the Supervisor of Elections (the "Device"), and as approved by the Florida Department of State
pursuant to the Florida Election Code, comprising Chapter 101 of Florida Statutes, and in each
4 RES. NO. 72-03
polling place there shall be at least one such Device. It shall be the responsibility of the
Supervisor of Elections for Palm Beach County, Florida, to have prepared and furnished to the
inspectors said Devices in such numbers as shall be required to carry out the intent of this
Resolution, and to have prepared and approved by the proper authorities for use in said Devices
such ballots as shall be necessary to conduct the referendum of the qualified electors of the City
relative to the questions of whether the issuance of Bonds in the respective aggregate principal
amounts shall be approved to finance the costs of the respective Projects including all costs
incidental thereto and to pay the costs of issuance of the Bonds. Ballots in the same general
form as hereinafter described shall be available for absentee voting.
Section 11. That the ballots to be used in said bond referendum shall be substantially in
the following form:
BALLOT
CITY OF DELI{AY BEACH, FLORIDA
RECREATION CENTERS, PARKS AND CULTURAL FACILITIES
GENERAL OBLIGATION BONDS
QUESTION l
NEW NEIGHBORHOOD PARKS, SOCCER COMPLEX AND EXISTING PARKS
IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of up to three new neighborhood parks, a soccer
complex, and improvements to certain existing parks throughout the City and all
costs incidental thereto, not exceeding $9,000,000, bearing interest at not
exceeding the legal rate, maturing not later than 20 years from the date of
issuance, payable from the City's ad valorem taxes?
"For Bonds"
__ "Against Bonds"
5 RES. NO. 72-03
QUESTION 2
RECREATION CENTERS PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of a new recreation center in the City's Western Area
and to improve and equip certain existing recreational centers, and all costs
incidental thereto, not exceeding $7,000,000 bearing interest at not exceeding
the legal rate, maturing not later than 20 years from the date of issuance,
payable from the City's ad valorem taxes?
"For Bonds"
__ "Against Bonds"
QUESTION3
OLD SCHOOLSQUARE
IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to expand Old School
Square by acquiring land, constructing a parking garage to free up existing
parking for a downtown park, for other capital improvements and all costs
incidental thereto, not exceeding $7,000,000, bearing interest at not exceeding
the legal rate, maturing not later than 20 years from the date of issuance,
payable from the City's ad valorem taxes?
"For Bonds"
__ "Against Bonds"
QUESTION 4
NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT
Shall the City issue general obligation bonds to finance the cost of certain
furnishings and fixtures for the new library within the City and all costs incidental
thereto, not exceeding $1,000,000, bearing interest at not exceeding the legal
rate, maturing not later than 20 years from the date of issuance, payable from
the City's ad valorem taxes?
"For Bonds"
__ "Against Bonds
6 RES. NO. 72-03
Section 12. The resolution shall be translated into Spanish. The above ballot
questions, once translated into Spanish, shall be deemed to be incorporated as if fully
set forth herein.
Section 13. That the returns of the referendum shall be canvassed in the
manner provided by law, and said returns shall be certified to the City Commission,
which shall declare the results of such referendum shall be recorded in the minutes of
the City Commission in the manner prescribed by law.
Section 14. That by enacting this resolution, the City hereby calls for a bond
referendum on January 20, 2004, and said bond referendum shall in all other respects
be held and conducted in the manner provided in and by the laws of the State of Florida
and the City Charter.
Section 15. That in the event that any word, phrase, clause, sentence or
paragraph hereof shall be held invalid by any court of competent jurisdiction, such
holdings shall not affect any other word, clause, phrase, sentence or paragraph hereof.
Section 16. That this Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED in regular session on this __ day of
,2003.
CitY Of DELRAY BEACH, FLORIDA
ATTEST:
MAYOR
City Clerk
7 RES. NO. 72-03
RECREATION CENTERS~ PARKS AND CULTURAL FACILITIES
GENERAL OBLIGATION BONDS
PROJECTS AND PROGRAMS
The City of Delray Beach, Florida, commissioned a study of the City's needs in the area of
recreation and parks. In January of 2002, a Parks and Recreation System Master Plan was
formulated. The Master Plan identified the need for certain new Parks and Recreation Facilities
and found that certain Recreation and Park Facilities should be improved and/or expanded and
enhanced. Old School Square has also made a review of its programs and requirements and
has determined that certain additional improvements are required to enhance educational,
recreational and cultural components of their program. As a result of these plans, the following
major projects and their components have been identified as needed improvements within the
City. The projects and components are set forth below:
PROJECTS AND COMPONENTS
TOTAL
New Neighborhood Parks, Soccer Complex and Existinq
Parks Improvement Projects
Acquire land for up to three neighborhood parks
Construction/reconstruction equipping and development
of up to three new neighborhood parks
Construction, development and equipping of a new
soccer complex
$3,375,000
900,000
2,725,000
The City desires to create up to three new neighborhood parks. In
order to create the neighborhood parks up to three new park sites
must be acquired. The neighborhood parks will be developed and
where practical shall include grassy areas, picnic tables, barbeques,
playgrounds, benches, pedestrian access, signage and shade trees
and other amenities that fit within the program dollars and as may be
requested by residents. In addition to the new neighborhood parks,
a soccer complex will be developed. The City's soccer program has
grown significantly but is limited in expansion due to a lack of a
facility. The residents who are involved in the soccer program
desire to expand and improve the sport in the City, and a soccer
complex would greatly serve this need.
The City desires to make the following improvements to
certain existing parks.
Bexley Park
Construct, develop and equip Bexley Park located
in the northwest area of the City to include playground
equipment, picnic pavilions, walking rails, play courts,
restrooms, parking areas, site lighting, landscaping,
irrigation and site amenities (drinking fountains,
benches, picnic tables, etc.)
$ 500,000
Boy Scout Hut Park
Construct, develop and equip the Boy Scout Hut Park with
playground equipment, walkways, play courts, parking areas,
site lighting, landscaping, irrigation and site amenities
(drinking fountains, benches, picnic tables, etc.)
Lake Ida Park
Renovate and develop the City's portion of Lake Ida Park
with gazebos, walking trails, restrooms, parking area,
site lighting, landscaping, irrigation and site amenities
(drinking fountains, benches, picnic tables, etc.)
Cornell Park
Construct, develop and equip the park with playground
equipment, walkway trails, site lighting, landscaping,
irrigation, and site amenities (drinking fountains, benches,
picnic tables, etc.)
Enhance Pompey Park and the Community Center by
developing pedestrian connections, picnic areas and
basketball courts.
Beach Park Improvements
Improve pedestrian oriented furniture (i.e. benches and
tables) at the beach.
$ 350,000
$ 425,000
$ 150,000
$ 300,000
$ 75,00O
2 RES. NO. 72-03
7. Other Parks Citywide
Upgrade and equip certain existing parks with benches,
picnic tables, barbeque grills, shade trees, playground
equipment and walking trails.
Subtotal
Recreation Centers Projects
Acquire land and/or buildings for a western community
center located in an area west of 1-95 to Military Trail
and bordered to the south by Atlantic Avenue and to
the north by city limits of City.
Construct/reconstruct, develop and equip a new
western community center.
There is a need for community meeting space,
particularly for seniors, in the western area.
The facility could provide a simple space
for recreation programming and community functions.
Create a community park/recreation center at the
Catherine Strong Center located in the southwest
area of the City.
Construct buildings and renovate existing center and
rebuild to incorporate the facilities deemed necessary
by the southwest area community. The facilities may
include such recreation facilities as basketball courts,
grassy areas for casual and organized sports, renovated
children's playground and other buildings that may be
necessary to integrate the recreation center with the
Boys and Girls Club's plans.
Create a neighborhood oriented recreation center at
the Swim and Tennis Club located in the southwest area
of Delray Beach.
$ 200,000
$9,000,000
$800,000
$3,000,000
$2,000,000
$700,000
3 RES. NO. 72-03
The neighborhood center may incorporate space for
card games, civic or neighborhood meetings or other
small special functions.
Expand Pompey Recreation Center in the northwest
are of the City.
$500,000
Expand the Pompey Park Recreation Center in order
to accommodate a larger meeting space.
Subtotal $7,000,000
3. Old School Square Improvement Projects
$ 7,000,000
The purpose of the funding will be to acquire land, and to construct
and develop a parking garage and other capital improvements in
the Old School Square Area, freeing up the existing parking lot to
be used as a downtown park, all as a part of the Old School
Square expansion.
Subtotal
$ 7,000,000
4. New Library Furnishings Project
$1,000,000
It is anticipated that the new library will require furnishings
and fixtures that exceed the amount herein provided for the
furnishings and fixtures, however, it is estimated that the amount
set forth herein will be a large step in furnishing and obtaining
fixtures for the library.
Subtotal $ 1,000,000
FINAL TOTAL $24,000,000
4 RES. NO. 72-03
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
[ITY I]F DELR;lY BERgH
CiTY ATTORNEY'S OFFICE
DELRAY BEACH
TO:
October 17, 2003
City Commission
MEMORANDUM
Joseph Weldon, Director of Parks and Recreation
FROM: Susan A. Ruby, City Attorney
SUBJECT: Bond Issue- Fourth Draft Resolution-Statutory Requirements
Our office has produced a fourth draft of the resolution and ballot language in
accordance with State Statutes. Additional narratives have been provided in the
description of the bond components attached to the resolution.
Florida Statutes governs bond referendums in Sections 100.201 through 100.351.
The ballot language is required to be restricted to 75 words or less to explain the
chief purpose of the measure, and the ballot title must be 15 words or less. The
ballot title should address the measure as it is commonly referred to. Each
measure is to include the amount of the bond and interest rate and other details
necessary to inform the electors. Also, the words "For Bonds" and "Against
Bonds" must be included with the question. (See F.S. Sections 100.201-100.351
and 101.161).
Once you advise me to do so, I will distribute the resolution to the Library and to
Old School Square and the City Clerk in order to initiate the formal bond
referendum process.
I would appreciate it if you would consider the resolution and ballot wording at your
October 21, 2003 City Commission meeting so that it can be translated into
Spanish and advertised in accordance with law.
know
Attachment
the changes you recommend.
RESOLUTION NO. 72-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, PROVIDING FOR THE ISSUANCE OF
GENERAL OBLIGATION BONDS FOR THE PURPOSE OF
FINANCING THE (A) ACQUISITION OF LAND, THE
CONSTRUCTION AND EQUIPPING OF UP TO THREE NEW
NEIGHBORHOOD PARKS, THE CONSTRUCTION AND
EQUIPPING OF A SOCCER COMPLEX; THE CONSTRUCTION,
RECONSTRUCTION AND EQUIPPING OF CERTAIN EXISTING
PARKS THROUGHOUT THE CITY IN THE PRINCIPAL AMOUNT
NOT EXCEEDING $9,000,000; (B) ACQUISITION OF LAND, THE
CONSTRUCTION AND EQUIPPING OF A NEW RECREATION
CENTER IN THE WESTERN AREA OF THE CITY, AND THE
CONSTRUCTION AND/OR RE-CONSTRUCTION OF
IMPROVEMENTS TO AND EQUIPPING OF CERTAIN EXISTING
RECREATION CENTERS IN THE PRINCIPAL AMOUNT NOT
EXCEEDING $7,000,000; (C) ACQUISITION OF LAND,
CONSTRUCTION OF A PARKING GARAGE AND OTHER
CAPITAL IMPROVEMENTS, AS PART OF THE EXPANSION OF
OLD SCHOOL SQUARE, IN THE PRINCIPAL AMOUNT NOT
EXCEEDING $7,000,000 AND (D) ACQUISITION OF
FURNISHINGS AND FIXTURES FOR THE NEW LIBRARY IN THE
PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000; CALLING
FOR A BOND REFERENDUM OF THE QUALIFIED VOTERS IN
THE CITY OF DELRAY BEACH TO BE HELD JANUARY 20, 2004,
AS TO WHETHER GENERAL OBLIGATION BONDS FOR SUCH
PROJECTS SHOULD BE ISSUED; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Constitution, applicable laws of the State of Florida and the City Charter of
Delray Beach (the "City Charter"), authorize and empower the City of Delray Beach, Florida (the
"City"), to adopt this Resolution; and
WHEREAS, the City Commission of the City of Delray Beach, FIodda (the "City
Commission") has determined that it is in the best interest of the City to acquire land and/or
buildings, develop, construct, reconstruct and equip up to three new neighborhood parks, to
develop, construct and equip a soccer complex and to develop, construct, reconstruct and equip
improvements to certain existing parks within the City (herein referred to as the "New
Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects"); and
WHEREAS, the City Commission has determined that it is in the best interest of the City to
acquire land and/or buildings, develop, construct and/or reconstruct and equip a new recreation
center in the western area of the City as defined herein and to construct and/or reconstruct and
equip improvements to certain existing recreation centers, herein referred to as the "Recreation
Centers Projects"; and
WHEREAS, the City Commission has determined that it is in the best interest of the City to
acquire land, and to construct a parking garage, and other capital improvements, all as needed to
expand and improve Old School Square, in the area more particularly described herein, and
herein referred to as the "The Old School Square Improvements Projects"; and
WHEREAS, the City Commission has determined that it is in the best interest of the City to
provide financing for the furnishings and fixtures for the new library herein referred to as the "New
Library Furnishings and Fixtures Project"; and
WHEREAS, the New Neighborhood Parks, Soccer Complex and Existing Parks
Improvement Project, the Recreational Centers Project, the Old School Square Improvements
Project and the Library Furnishings and Fixtures Project are sometimes hereinafter collectively
referred to as the ("Projects"); and
WHEREAS, the City Commission hereby finds that the Projects will serve valid municipal
public purposes; and
WHEREAS, the City Commission finds it to be in the best interest of the City to issue its
General Obligation Bonds (the "Bonds") in the aggregate principal amount of not exceeding
$9,000,000 for the New Neighborhood Parks, Soccer Complex and Existing Parks Improvement
Projects, not exceeding $7,000,000 for the Recreation Centers Projects, not exceeding
$7,000,000 for the Old School Square improvements Projects, not exceeding $1,000,000 for the
New Library Furnishings and Fixtures Project, to finance all or a portion of the costs for such
Projects including all costs incidental thereto and to pay the costs of issuing the Bonds; and
WHEREAS, pursuant to state and local law, this Resolution must be approved at least 30
days in advance of the special election and include the ballot questions and a listing of the
projects to be completed by the bond issue. The Resolution shall give notice of the bond
referendum and the notice shall be published in a newspaper of general circulation within the City
once in the fifth week and once in the third week prior to the week in which the referendum was to
be held; and
WHEREAS, it is necessary and essential to adopt this resolution in order to call for and to
hold a bond referendum at a special election, submitting the issuance of such Bonds for the
approval or disapproval of the residents who are qualified electors within the City.
2 RES. NO. 72-03
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a bond referendum is hereby ordered to be held in the City of Delray
Beach, Florida (City) on the 20th day of January, 2004, to determine whether or not there shall be
issued the Bonds of the City in the aggregate principal amount of not exceeding $9,000,000 for
the New Neighborhood Parks, Soccer Complex and Existing Parks Improvement Projects, not
exceeding $7,000,000 for the Recreation Centers Projects, not exceeding $7,000,000 for the Old
School Square Improvement Projects, not exceeding $1,000,000 for the New Library Furnishings
and Fixtures Projects, maturing at such time or times not exceeding twenty (20) years from the
date or dates of issuance of said Bonds, bearing interest at a rate or rates not exceeding the legal
maximum rate of interest and payable at such times and in such manner, all as shall be
determined by subsequent proceedings of the City Commission. The Bonds will be issued for the
purpose of financing the costs of the respective Projects including all costs incidental thereto and
to pay the costs of issuing the Bonds, and shall be payable from ad valorem taxes levied and
collected in the City (without limitation as to rate or amount) on all taxable property in the City
sufficient to pay principal of and interest on such Bonds as the same become due and payable.
Section 2. That the Projects are for a valid municipal public purpose and therefore,
accordingly, subject to approval of the issuance of the bonds by the qualified electors of the City,
the financing of the costs of the Projects shall be payable from the proceeds of the bonds and
such payment is hereby authorized and approved.
Section 3. That the area of the City in which the City will finance the Old School Square
Improvement Projects shall be bounded by East Atlantic Avenue to the South, the Right of Way
line of the FEC Railway to the East, Northeast Second Street to the North and North Swinton
Avenue to the West (herein called the "Old School Square Area").
Section 4. That the area of the City in which the City will finance the new western
recreation center shall be a site located in an area bounded on the east by 1-95, on the west by
Military Trail, on the South by Atlantic Avenue and the North by the City limits (herein referred to
as the '~/estern Area of the City").
Section 5. That each of the Projects shall consist of various components (herein
referred to as "Component" or "Components"). The Components comprising each of the
Projects, with the estimated costs for each, are more fully described in the report submitted to the
City Commission and attached hereto as Exhibit A and by this reference incorporated herein.
Notwithstanding the principal amounts assigned to each Component, the actual cost of a
particular Component may be greater or less than the estimated cost allocated to such
Component. If the actual cost of a Component is greater than the amount allocated to it in this
Resolution, the City may provide for such deficiency from other available funds or from surplus
3 RES. NO. 72-03
funds that had been allocated to another Component of the same Project. If the actual cost of a
Component is less than that allocated in this Resolution, the City may use such surplus for other
Components of the same Project. If, after application of the foregoing, there remains insufficient
funds to complete a Component due to unforeseen cost escalations or failure to receive
anticipated governmental grants or private contributions, or other unexpected circumstances, the
City may delete a part of such Component or modify such Component so that such Component
may be completed. The City will not delete any Component to generate surplus moneys for other
Components, nor will it expend Bond proceeds in excess of the amounts allocated to each of the
Projects in this Resolution, provided, however, if any part of the Component is not required in
order to complete the project, the funds allocated to the Component may be added to another
Component of the same Project.
Section 6. That the Bonds may be issued all at one time or in part from time to time as
the City Commission may in its discretion hereafter determine by subsequent proceedings.
Section 7. That Bonds shall not be issued for the Projects unless such Bonds
authorized for such Projects shall be approved at the bond referendum by a majority of the
qualified electors of the City and voting in such election all in the manner provided in the
Constitution and the Statutes of the State of Florida.
Section 8. That polling locations or places shall be determined by the Supervisor of
Elections for Palm Beach County, Florida, and all qualified electors of the City who vote in said
election shall vote at said designated polling places. The polls shall be opened on the date of
said bond referendum from seven o'clock a.m. until seven o'clock p.m. on the same day. Only
the duly qualified electors of the City will be permitted to vote in said bond referendum.
Section 9. That the City Clerk shall prepare and give notice of the bond referendum by
causing appropriate notice to be published in accordance with the provisions of Section 100.342
of the Florida Statutes, the City Charter and other applicable provisions of local law at least twice
once in the fifth week and once in the third week in the Boca Raton News, Delray Beach Edition,
and El Latino, newspapers of general circulation within the City, provided the first publication shall
take place in the fifth week prior to the week in which the referendum is to be held, and at least
30 days prior to January 20, 2004 and the second publication shall take place in the third week
prior to the election being held. The City Clerk shall secure from the publisher of the above
newspapers an appropriate affidavit of proof that said notice has been duly published, as herein
set forth, and said affidavit shall be made a part of the record of the City Commission. The ballot
language in both Spanish and English shall also be published pursuant to Florida Statutes
S101.20 seven (7) days prior to the date of election.
Section 10. That the vote at said bond referendum shall be by the voting device provided
by the Supervisor of Elections (the "Device"), and as approved by the Florida Department of State
pursuant to the Florida Election Code, comprising Chapter 101 of Florida Statutes, and in each
4 RES. NO. 72-03
polling place there shall be at least one such Device. It shall be the responsibility of the
Supervisor of Elections for Palm Beach County, Florida, to have prepared and furnished to the
inspectors said Devices in such numbers as shall be required to carry out the intent of this
Resolution, and to have prepared and approved by the proper authorities for use in said Devices
such ballots as shall be necessary to conduct the referendum of the qualified electors of the City
relative to the questions of whether the issuance of Bonds in the respective aggregate principal
amounts shall be approved to finance the costs of the respective Projects including all costs
incidental thereto and to pay the costs of issuance of the Bonds. Ballots in the same general
form as hereinafter described shall be available for absentee voting.
Section 11. That the ballots to be used in said bond referendum shall be substantially in
the following form:
BALLOT
CITY OF DELRAY BEACH, FLORIDA
RECREATION CENTERS, PARKS AND CULTURAL FACILITIES
GENERAL OBLIGATION BONDS
QUESTION 1
NEW NEIGHBORHOOD PARKS, SOCCER COMPLEX AND EXISTING PARKS
IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of up to three new neighborhood parks, a soccer
complex, and improvements to certain existing parks throughout the City and all
costs incidental thereto, not exceeding $9,000,000, bearing interest at not
exceeding the legal rate, maturing not later than 20 years from the date of
issuance, payable from the City's ad valorem taxes?
"For Bonds"
__ "Against Bonds"
5 RES. NO. 72-O3
QUESTION 2
RECREATION CENTERS PROJECTS
Shall the City issue general obligation bonds to finance land acquisition,
construction and equipping of a new recreation center in the City's Western Area
and to improve and equip certain existing recreational centers, and all costs
incidental thereto, not exceeding $7,000,000 bearing interest at not exceeding
the legal rate, maturing not later than 20 years from the date of issuance,
payable from the City's ad valorem taxes?
"For Bonds"
__ "Against Bonds"
QUESTION 3
OLD SCHOOL SQUARE
IMPROVEMENT PROJECTS
Shall the City issue general obligation bonds to provide for the acquisition
of land, the construction and development of a parking garage and other capital
improvements related to the expansion of Old School Square, and all costs
incidental thereto, not exceeding $7,000,000, bearing interest at not exceeding
the legal rate, maturing not later than 20 years from the date of issuance,
payable from the City's ad valorem taxes?
"For Bonds"
__ "Against Bonds"
QUESTION 4
NEW LIBRARY FURNISHINGS AND FIXTURES PROJECT
Shall the City issue general obligation bonds to finance the cost of certain
furnishings and fixtures for the new library within the City and all costs incidental
thereto, not exceeding $1,000,000, bearing interest at not exceeding the legal
rate, maturing not later than 20 years from the date of issuance, payable from
the City's ad valorem taxes?
"For Bonds"
__ "Against Bonds
6 RES. NO. 72-03
Section 12. The resolution shall be translated into Spanish. The above ballot
questions, once translated into Spanish, shall be deemed to be incorporated as if fully
set forth herein.
Section 13. That the returns of the referendum shall be canvassed in the
manner provided by law, and said returns shall be certified to the City Commission,
which shall declare the results of such referendum shall be recorded in the minutes of
the City Commission in the manner prescribed by law.
Section 14. That by enacting this resolution, the City hereby calls for a bond
referendum on January 20, 2004, and said bond referendum shall in all other respects
be held and conducted in the manner provided in and by the laws of the State of Florida
and the City Charter.
Section 15. That in the event that any word, phrase, clause, sentence or
paragraph hereof shall be held invalid by any court of competent jurisdiction, such
holdings shall not affect any other word, clause, phrase, sentence or paragraph hereof.
Section 16. That this Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED in regular session on this___ day of
,2003.
CITY OF DELRAY BEACH, FLORIDA
A'I-rEST:
MAYOR
City Clerk
7 RES. NO. 72-03
RECREATION CENTERS~ PARKS AND CULTURAL FACILITIES
GENERAL OBLIGATION BONDS
PROJECTS AND PROGRAMS
The City of Delray Beach, Flodda, commissioned a study of the City's needs in the area of
recreation and parks. In January of 2002, a Parks and Recreation System Master Plan was
formulated. The Master Plan identified the need for certain new Parks and Recreation Facilities
and found that certain Recreation and Park Facilities should be improved and/or expanded and
enhanced. Old School Square has also made a review of its programs and requirements and
has determined that certain additional improvements are required to enhance educational,
recreational and cultural components of their program. As a result of these plans, the following
major projects and their components have been identified as needed improvements within the
City. The projects and components are set forth below:
PROJECTS AND COMPONENTS
TOTAL
New Neiqhborhood Parks, Soccer Complex and Existin.q
Parks Improvement Projects
Acquire land for up to three neighborhood parks
Construction/reconstruction equipping and development
of up to three new neighborhood parks
Construction, development and equipping of a new
soccer complex
$3,375,000
900,000
2,725,0O0
The City desires to create up to three new neighborhood parks. In
order to create the neighborhood parks up to three new park sites
must be acquired. The neighborhood parks will be developed and
where practical shall include grassy areas, picnic tables, barbeques,
playgrounds, benches, pedestrian access, signage and shade trees
and other amenities that fit within the program dollars and as may be
requested by residents. In addition to the new neighborhood parks,
a soccer complex will be developed. The City's soccer program has
grown significantly but is limited in expansion due to a lack of a
facility. The residents who are involved in the soccer program
desire to expand and improve the sport in the City, and a soccer
complex would greatly serve this need.
The City desires to make the following improvements to
certain existing parks.
Bexley Park
Construct, develop and equip Bexley Park located
in the northwest area of the City to include playground
equipment, picnic pavilions, walking rails, play courts,
restrooms, parking areas, site lighting, landscaping,
irrigation and site amenities (drinking fountains,
benches, picnic tables, etc.)
$ 500,000
o
o
o
Boy Scout Hut Park
Construct, develop and equip the Boy Scout Hut Park with
playground equipment, walkways, play courts, parking areas,
site lighting, landscaping, irrigation and site amenities
(drinking fountains, benches, picnic tables, etc.)
Lake Ida Park
Renovate and develop the City's portion of Lake Ida Park
with gazebos, walking trails, restrooms, parking area,
site lighting, landscaping, irrigation and site amenities
(drinking fountains, benches, picnic tables, etc.)
Comell Park
Construct, develop and equip the park with playground
equipment, walkway trails, site lighting, landscaping,
irrigation, and site amenities (drinking fountains, benches,
picnic tables, etc.)
Enhance Pompey Park and the Community Center by
developing pedestrian connections, picnic areas and
basketball courts.
Beach Park Improvements
Improve pedestrian oriented furniture (i.e. benches and
tables) at the beach.
$ 350,000
$ 425,000
$ 150,000
$ 300,000
$ 75,000
2 RES. NO. 72-03
7. Other Parks Citywide
Upgrade and equip certain existing parks with benches,
picnic tables, barbeque grills, shade trees, playground
equipment and walking trails.
Subtotal
Recreation Centers Projects
Acquire land and/or buildings for a western community
center located in an area west of 1-95 to Military Trail
and bordered to the south by Atlantic Avenue and to
the north by city limits of City.
ConstructJreconstruct, develop and equip a new
western community center.
There is a need for community meeting space,
particularly for seniors, in the western area.
The facility could provide a simple space
for recreation programming and community functions.
Create a community park/recreation center at the
Catherine Strong Center located in the southwest
area of the City.
Construct buildings and renovate existing center and
rebuild to incorporate the facilities deemed necessary
by the southwest area community. The facilities may
include such recreation facilities as basketball courts,
grassy areas for casual and organized sports, renovated
children's playground and other buildings that may be
necessary to integrate the recreation center with the
Boys and Gids Club's plans.
Create a neighborhood oriented recreation center at
the Swim and Tennis Club located in the southwest area
of Delray Beach.
$ 200,000
$9,000,000
$800,000
$3,000,0OO
$2,000,000
$700,000
3 RES. NO. 72-03
The neighborhood center may incorporate space for
card games, civic or neighborhood meetings or other
small special functions.
Expand Pompey Recreation Center in the northwest
are of the City.
Expand the Pompey Park Recreation Center in order
to accommodate a larger meeting space.
Subtotal
$500,000
$7,000,000
w
Old School Square Improvement Proiects
The purpose of the funding will be to acquire land, and to construct
and develop a parking garage and other capital improvements in
the Old School Square Area, as part of the Old School Square
expansion.
Subtotal
New Library Furnishings Project
It is anticipated that the new library will require furnishings
and fixtures that exceed the amount herein provided for the
furnishings and fixtures, however, it is estimated that the amount
set forth herein will be a large step in furnishing and obtaining
fixtures for the library.
Subtotal
FINAL TOTAL
$ 7,000,000
$ 7,000,000
$1,000,000
$ 1,000,000
$24,000,000
4 RES. NO. 72-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~/~
AGENDA ITEM # ~ (~ - REGULAR MEETING OF OCTOBER 21, 2003
RATIFICATION OF APPOINTMENTS TO THE KIDS & COPS COMMITTEE
DATE: OCTOBER 17, 2003
The Kids and Cops Committee was established as an advisory board to the City Commission
in May, 1994 with the adoption of Ordinance No. 20-94. Its primary goal is to strengthen the
relationship between the local youth of our community and members of the Delray Beach
Police Department through various programs and activities. It is composed of
representatives from the City's Police and Parks and Recreation Department as well as
representatives from Delray's public schools. Over the years membership has evolved to
include "Other Representative" which has provided the opportunity for interested residents to
participate in the program. The City Commission directly appoints members to fill the
"Citizen at Large" and "Other Representation" categories. The other appointments are made
by the various groups involved and presented to the Commission for ratification.
The current appointees for ratification are:
Jennifer Buce
William J. Fay
Danielle Gallo
Ken Haines
Chris McCarthy
Jeffrey Messer
Francis Moschette
Yvoune Odom
David J. Ptak
Edward Smith
Panla Thomaselli
Recycle Coordinator
Principal
Parks Special Event Coordinator
School Administrator
Gu/dance Counselor
Police Officer
Juvenile Detective
Educator
Educator
Crime Analyst
Educator
City of Delray Beach
Banyan Creek
City of Delray Beach
S D Spady Elementary
Crosspointe Elementary
City of Delray Beach
City of Delray Beach
Carver Middle School
Citizen at Large
City of Delray Beach
Orchard View Elementary
All of the current appointees have previously served on the Kids and Cops Committee. The
term is for two years, ending November 30, 2005.
Recommend ratification of the various appointments to the Kids and Cops Committee as
outlined above.
1993
.2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
subn~tted. It will be the applicant's zesponaibility to east:re that ~ _cml~t. spplication is on fi~e.
OCT I 0 ZO8~l
CITY CLERK
1993
~001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Pl~se
3. ~ ~dcnce: ~ Sm~ ~p ~c
4. P~p~ Bu~ess Add~css:
5. Hom~ ?~on~: ~s ?~o~: ~ ~: ~ ~o~: ~:
6. ~e you a re~stered vo~P ~S If so, where .e ~u ~st~ed~ ~ ~
7. ~at Bo~d(s) ~e you ~terested ~ ,~? Please ~t ~ o~ex ofp~f~ce: ~1 ~ ~ t '~ ~
8. ~t ~ ~- Bo~ds on v'~ch you ~ ~m~, s~ or have ~ ~e& ~l~se ~dude ~tes)
10. ~$[ ~y i~i~ p~fessio~ c~fi~fions ~d ~c~ses ~ch you hold:
~ I. Giv~ yo~ ~Icn~ o~ mos~ ~ ~ployc~, ~d ~ggo~ / --
o~I~HD
apt remain on file in the City Clerk's O: a period of 2 years from the date it was
~ubmitted. It will be flae applicant's responsibility to ensut~ a~{l~plication is on
CITY CLERK
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
]~e~se
· .~o.~g Ad.ess: ~ Su~ c
4. P~p~ Bus'ess Address: ~ S~te ~p ~e
5. Home ~onc: Bu~ess Phone: ~M~ Ad,ess: ~ Phone:
~ 43-
10. ~st ~ .~u pmfessio~ ~.~-~ons ~d ~c~ses ~ch you hold:
s,,bmitted. It will bc thc spplicsnt's ~-ponsibilitT to ~surc that ~ _current ~li,-,fion is on file.
OCT I 0
CITY CLERK
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
'32l Nh.) lO TM Ate ~-~,~
3. ~ Residence: City
4. ~p~ Bu~ess Ad'ess:
5. Home Phone: Bu~css Phone: ~ Ad.ess: ~ Phone:
~CS H so, where ~
~- ~at Bo~d(s) ~e you ~rested ~ i~? Please ~st ~ o~ ofp~f~ce:
8. ~s~ ~ ~9 B~.~ on lu¥ch you ~ ~fly se~ ~ have ~ ~:
~ ~,~u p~fcss;o~ cc~fifi~gons ~d ~c~ses w~ch you hold:
11. Give your prcse~ ? m~ec~t ~ployet, ~d ~mr
SlG~ DA~
ap~ remain o: in the Cit'), Clerk's 0 I ~ )]~rs f~om the date it was
submitzed. It will be the applicant's responsibility W ensure ~a ~J~l/mfion is on file.
CITY CLERK
1993
.2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
3. Legal Residence: ~ ~ Sm~ ~p ~e
4. Y~dp~ Bu~ess Address: ~ Sm~ ~p ~e
5. Home Phone: Bu~ess Phone: ~M~ ~ess: ~ Pho~: F~:
6. ~ you, ~te~ed vo~? ~ If~o, ~e~ ~e ~u ~d? ~ ~ ~.
7. ~at Bo~d0) ~ you ~res~ed ~ se~g? pk~e fis~ ~ o~. ofp~f~ce:
8. ~st ~ C~q' Bo~ds on w~ch you ~e ~mfly s~ o~ have p~s~ ~: &l=se ~dude ~tes)
9. ~ucafio~ qu~ficlfions:
10, ~st ~y ~ted pmfes~o~ ce~ficafions ~d ~censes ~ you hold:
I 1. Give. our presen~ o~ most r~l ~plo~, ~d ~fiom~ _ --
~ed h ~s sp~fi~ ~y ~me f~ ~n ~ pm of~y ~mt I ~y ~e.
SlO~ DA~
HECEIVED
lUF }I1 remam on file in Lc City Clerk's Office for a period of 2 yea~ from the date it was
subm/tted. It will be the spphc~nt's xevpomibility to ensur(}l{~ alc~$~pplication is on file.
CITY CLERK
DELRAY BEACH
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Plesse type or print thc folknvin infonmtlon:
3. Legal Residence: City / S'~c Zip Code
4. Ptincip~ Business Address: City State Zip Code
5. Home Phone: Business Phone: E-IVail Address: I Cell Phone: F~x:
7. Whl~ Board(s) arc you interested in serving? Please list in order of preference !
8. · List all Ci'O- Boards on '~'hich } ou are currmfly sc'~ing ;:u'%hav¢ pnn, iously serv~h (Please induda dates)
9. F.,ducatior~J qualifications:
10. List ~ny tv. bred professional certifications ~md licenses 'vhlch you hold:
i 1. Give your present, o~ most recent employe~, mud posifiom
I he,~by ccmf}, th,mt sll fl~e ~2,ov~ ,a-~,~,a,-~ are tn~:, ami I sgr~ sad umiemznd that my misste--,,,~t ofms,,-,4ol hcu
~'~n~'~:~inthis'ppli*ficm m~ycsusc f°ffdtu~ up°n mypan °f~ny'pp°in~mtI~y'~c'X ~a'q~ '~¥~
;PF ~ on file in thc City fi-om thc date it was
CITY CLERK
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
2. Home Address: ~oO ~ ,-~',X'r";~'~c trig/6% ~,,ff. S~ ~p~e
3. &~ Re~dence: ~ S~ ~p ~e
4. P~dpfl Bu~ess Ad.ess: ~ State ~p ~e
5. Home ~one: Bu~ess Phone: ~ ~ess: ~ Phone: F~
7. ~at Bo~(s) ~ you L,~,~ted ~ ~? Please ~ ~ o~ of p~f~m~ ,~ _
8. ~; ~ ~- ~o~s on ~'~ch yo~ ~ ~d), se~ ot have p~ a~: ~J~e ~ude ~te0
10. ~st ~y ~ehted p~fesfio~ c~fi~fions ~d ficenscs w~ you hold:
1 I. GNe you~ p~esenh o~ most xec~ mploy~, ~d ~fion:
'~~s '~~~ ~ ~ P~ of ~Y ~t I ~y ~
~ubmitted. It will be the applicant's ~esponsibility to ~urc that a current ~qlication is on file.
OCT 1 0 tuua ,,~.,.,.~.,o,,
CITY CLERK
BOARD MEMBER APPLICATION
1993
2001
Please tTp~ or print the follcnvin info,~.gon:
1. last N~me: Name .
2. How. e~dciress:; · .
4. Pgndpal Business Ad&~: ~
5. Home ~one: Bu~ess Phone: ~ Ad.ess: ~ Phone: F~:
6. '~ you a ~stered vo~? ~/~ If so, whe~ ~ you
~. ~at Bo~d(s) ~e you h~st~ ~ s~ Pl~se ~t ~ o~ ofp~ * /
8. ~s~ ~ G9' Bo~ds on w~ch you ~ ~fly s~ or have p~ou~ ~: ~l~se ~dude dates)
9. ~u~go~ ~u~flcagons:
./
/uomlttea. It Will Oe me app-cant s respomabili~y to ensure ~t a curreat application is on ~e.
OCT ! 0 2003 ,~,,-,~,o~,,~
P. ITY P,I F::RK
pE~4Y BE~CH
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
,2- Home Address: . Ci
3. Le~ Residence: S,~,-' -, Zip Code
4. l:~ndpd Business Ad&ess: . City
5. Home Phone Business Phone: E-Mail Address: ! Cell Phone: F~:
,6. A~eyouaregisteredvom-?.,/.,~_LS, If so, whe~e ~e you re~steted~.:-~ ~ .
7. ~Vhat B~cl.(s~ m y~.u in;c..,e~'tcd in serving? Please list in order of preference: -
8. llst all ~- Bo~& on ,a,hich you at~ ~u~en~ ~e~ng oth. Ve pzevinud~ s~'~: (Pl~e include ~te0
p. , ..
9. Educational qualificatior~.
/
10. List any ~da~ professioral cergfi~fions and licenses which you hold:
l I. Give your present, oz most rec6nt cmploye~, and po'm-~om
12. Describe, ex'-~:~,~ces, ~!~ or knc~lcdgc vhich q~ ~u msen, c on this bof. rd: (Pic~sc m a bdcf resume)
SIGNA~ ~ DA~
tpt ~.mam on file in the City Clerk's C~.i~ ~ ycL~ fzom the date it was
submJned. It will be the sppllcant's zesponxibility to ensure that a current .applicnfion is on file.
OCT 1 O 2003
CITY CLERK
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
fort
2. Home ~ddress: ' State 7¥ Code
3. Lc~ Residence: Ch7 State ~p C.x)de
4. I' ~c¥~ Bus'ness Ad.ess: C~ State Z/p Code
5. Home Phone: B,,sh~css Phone: B-.,M.~ Adch'ess: Ce~ Phone: F~:
~. A~e you ~g~:~tczcd vo~c~? If so, wheze ~ze yo~ registered?
8. lJs~ all C~. Bo~ds on u'Mch you ~e ~dy s~ ~ h~ve ~ ~ed: ~J~se ~dude ~zes)
9. ~c~o~ q~c~ons:
l ~. G~ve your ~fcsen~
~ / /
Y
Note: ~ ~n~l;.~. ~n ~:. -. ~. :- ~_ ~:__ ~_ ,. ~',~
tenure ~ Cit~ ~ 2 ye~s from th,' c~tc i~ was
· ubmitted. It will be the applicant', xtsponsihility to em~r~ ~ ~lc~t .ppl;cation is oec~n fxle~no~
CITY CLERK
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
4. ~p~ Bus'ess Ad&ess:
5. Home Phon~: Bu~ess Phone: ~M~ Ad~s: .~ Phone: F~:
6. ~e you · ~st~ed vo~ N~ ~so,
8. ~ ~ ~- Bo~ds on ~'~ch you ~e
9._~u~fio~ 9u~fica~bns:
10. ~st ~y t~ted pm~esdo~ ce~ons ~d ~c~ses ~ you hold:
/
SIGNA~ '
y Clerk's ~ ~ years from the d~r.e it was
submitted. It will be the applicant's xesponsibility m msm that ~ ~plication/s on file.
OCT
CITY CLERK
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~[///
SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OCTOBER 21, 2003
APPOINT PROMOTIONAL STEERING COMMITTEE-PARKS BOND ISSUE
DATE: OCTOBER 17, 2003
At the Regular Commission meeting of October 7, 2003, Commission gave direction to staff to
contact former elected officials regarding serving on the promotional steering committee for the parks
bond issue. Official letters were mailed out on October 10, 2003, to former elected officials still living
in Delray Beach and still active and interested m Delray Beach's future. (Exhibit "A" attached).
The following people have contacted the City Manager's office and expressed a desire to promote and
lend their name in support of this bond issue:
Leon Weekes
Tom Lynch
Doak Campbell
We understand that several others have verbally indicated to members of the Commission that they
are v~ling to serve.
Recommend the appoinmaent of a Promotional Steering Committee for the January 20, 2004, Parks
Bond Issue, and appoint a Chairperson.
FORMER ELECTED OFFICIALS
Leon Weekes
Weekes & Calloway
777 East Atlantic Avenue
Suite 300
Delray Beach, FL 33483
Doak Campbell
70 SE 4th Ave
Delray Beach, FL 33483
Thomas Lynch
Plastridge Agency
820 North Federal Hwy
Delray Beach, FL 33483
Jay Alperin
2100 Lake Ida Road
Dekay Beach, F1 33445
David Schmidt
Simon & Schmidt
100 N.E. 5~h Avenue
Delray Beach, FL 33483
Ken Ellingsworth
H
2460 SW 22"a Avenue # 811
Delray Beach, FL 33445
David Randolph, Sr.
H
105 NW 11th Avenue
Delray Beach, FL 33444
Marie Horenburger
H
3020 Pine Tree Lane
Boynton Beach, FL 33435-8131
Charlotte Durante
H
4165 N.W. l0th Street
Delray Beach, FL 334a. 4
Bill Schwartz
H
3863 Live Oak Blvd
Delray Beach, FL 33445
Mary McCarty
H
1109 Vista Del Mar
Delray Beach, F1 33483
Armand Mouw
Mouw Associates
409 NE 3~ Street
Delray Beach, F1 33444
Jimmy Weatherspoon
H
130 NW 8th Avenue
Delray Beach, F1 33444
278-0448 (o)
278-1890(o)
276-5221(o)
272-2131(o)
278-2601(o)
278-1619(H)
278-7148(H)
733-0041(H)
271-4545(H)
496-1100(H)
278-0155
276-9640
278-8779
EXHIBIT "A"
£1T¥ UF DELIiI:I¥ BEI:IrH
DELRAy BEACH
AJI-Am~caCW
1993
2001
100 N.W. 1st AVENUE
DELRAY BEACI% FLORIDA 33444
561/243-7000
Mr. Leon Weekes
Weeks & Calloway
': 777 East Atlantic Avenue, Suite 300
Delray Beach, FL 33483
Dear Mr. Weekes:
Last year the City Commission approved a Parks and Recreation System Master Plan. This Plan,
prepared with broad based citizen involvement and participation, identified many needs for
.upgrading and adding to our parks and recreation facilities. The estimated capital cost of these
facilities is some $24 milli°n. While we expect to obtain grant funds for some of these costs,
most will have to be paid for by local dollars. Considering the low cost of borrowing today, and
the fact that the debt service on the Decade of Excellence Bond is now less that one-half mill, we
have decided to ask the voters of De[ray Beach to approve a new bond issue to finance these
parks and recreation improvements. Also included are funds for furnishing the new library and
beginning to implement the vision for expansion of Old School Square.
As a former elected official, we believe your support would greatly assist in the success of this
bond issue. ~ We invitc you to serve on the steering committee to lend your name and efforts to
assist the City Commission as we inform the public about the need for this bond, and what will be
.... 0CClu_ired and built with' these funds. We also Plan to appoint a group of interested citizens who
will assist the steering committee in this educational effort. Thcs6 will be people who am
especially familiar with various projects included in the bend issue. We expect that they Will.do a
lot of the leg work involved in disseminating information about the bond issue~ '
We have scheduled a referendum on this bond for January 20, 2004, so work in the information
campaign needs to begin very quickly. If you are willing to assist us in this important effort,
please contact the City Manager's office at 243-7010 no later than Monday, October 20.
Sincerely,
Mayor
JP/gb
TH~ EFCORT ALWAYS MATTERS
provide an educational classroom for the marine environment.
Mr. Shutt stated the agreement has been revised to include language regarding
the "Eco Tours" and the fishing excursions.
The City Attorney noted there are 500 additional free passes to local school
children for the "Eeo Tour".
Mayor Perlman suggested that these passes be handled through the Education
Board so that there is equitable distribution among the local schools.
Mr. Costin moved to approve the amended and restated license agreement for
Pilgrim Belle Cruises, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mr. Costin - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman Yes.
Said motion passed with a 4 to 0 vote.
9.H. SPECIAL EVENT REQUEST/OLD SCHOOL SQUARE CONCERT
SERIES: Consider approval of the proposed Old School Square Concert Series to include
rescheduling of the December 12, 2003 date, to be held at the pavilion 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(H) 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.
The City Manager stated Police Chief Schroeder has been working with Joe Gillie
regarding the December 12th date and the Police Department is withdrawing their objection to
the December 12th date.
Mr. Levinson moved to approve all dates for the Old School Square Concert
Series, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with
a 4 to 0 vote.
9.1~ STEERING COMMITTEE: Appoint promotional steering committee for Parks
Bond issue.
The City Manager asked for direction from the Commission with regard to the
number of members for the Steering Committee and stated staff needs to start getting this group
in place so that they can assist in promoting the Parks Bond issue. The City Manager stated he
has forwarded a few names to the City Commission from soccer and Little League that are very
interested in helping.
Mr. Levinson suggested to recruit former Mayors of Delray Beach to be co-chairs
of the committee and stated this should be a high profile group to support this and then the
Commission should look for others such as the City Manager recommended. Mr. Levinson
stated by doing this the right way, the City can save a lot of money and insure a much greater
-19-
10/07/03
rate of success.
Mr. Costin stated it is important to generate a lot of support in the western areas
because this is for a western community center as well. Furthermore, Mr. Costin stated there
needs to be a large voter turnout and support from these individuals as well.
Ms. McCarthy stated she would like to expand the Steering Committee to former
elected officials because she feels the west corridor has been very enthusiastic about this for
years.
Mayor Perlman concurred with comments expressed by Mr. Levinson and Ms.
McCarthy and stated he has thrown the idea out to a few people who seem very interested and
there are also some key people in each neighborhood who can get the voters out. Mayor Perlman
stated he would like to see the Commission get professional help in helping them craft the
message and look at voter files to see what the voter turnout has been for these kinds of things
and possibly assist with telephone calls as well. Mayor Perlman suggested that there be some
private fundraising for educational purposes.
The City Manager stated Ivan Ladizinsky, Public Information Officer, has been
coordinating the scheduling and commented he has received a few proposals with regard to
receiving some assistance.
Mayor Perlman asked Mr. Weldon if there is a log with names and telephone
numbers of those people who attended the Master Plan meetings because the Commission can
contact them and explain this is their vision and the Commission needs their help. Mr. Weldon
stated he does not have this information but will try and find out.
The City Attorney stated November 20, 2003, is when the certified ballot
questions have to be sent to the Supervisor of Elections and each ballot question is limited to 75
words per question.
The City Manager suggested that the Steering Committee consist of
approximately 15 members.
Mr. Costin supports writing a letter to the former elected officials. In addition,
Mr. Costin feels a leader of the group needs to be identified as well and suggested contacting
Leon Weekes.
Mayor Perlman suggested that each Commissioner come back next week with
three names in mind.
Mr. Levinson inquired whether a letter can be written through City staff that can
be sent to former elected officials asking them to be part of the Steering Committee.
Mayor Perlman suggested contacting former Mayor David Schmidt and also
commented the Committee should be diverse.
-20-
1~07~3
Ms. McCarthy stated when the letter is complete it would be beneficial to know
the mailing date so that if the Commission can have personal contact as well.
Mayor Perlman asked who the primary contact person will be. The City Manager
stated with regard to the communications Ivan Ladizinsky will be the primary contact person and
Joe Weldon is also very much involved.
The Commission agreed the correspondence should inform people that the City
Commission would like them to serve on the Steering Committee and if they agree to serve, to
contact the City Manager's office and express their interest.
9,Jo
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.
This item has been postponed until the regular meeting of October 21, 2003.
AMENDMENT NO. 1/TRIPARTITE AND INTERLOCAL AGREEMENT:
Consider approval of Amendment No. 1 to the Tripartite and Interlocal 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.
The City Attorney stated this is an amendment allowing staff an additional 30
days to review the appraisals for the library.
Mr. Costin moved to approve Amendment No. 1 to the Tripartite and Interlocal
Agreement between the City and the Delray Beach Community Redevelopment Agency (CRA),
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -Yes. Said motion passed with a 4
to 0 vote.
FIRST READINGS:
12.A. ORDINANCE NO. 21-03: An ordinance amending Chapter 99, "Noise Control"
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.
The caption of Ordinance No. 21-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 99,
"NOISE CONTROL", OF THE CODE OF ORDINANCES OF
-21-
10/07/03
TO:
FROM:
SUBJECT:
DAV, I .I~IAI~EI~ Cl'l'~ MANAGER
PAUL DORMNG, DIREC/T~R OF PLANNING AND ZONING
MEETING OF OCTOBER 2'1, 2003
CONSIDERATION OF AN AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.6.(H) "TEMPORARY
USE PERMITS" TO ADD CERTAIN SEASONAL TEMPORARY USES
AND RELATED REGULATIONS AND RESTRICTIONS.
The LDR amendment adds "Horse Drawn Carriage Rides, Ice Skating Rink,
Carousal, and Other Related Holiday, Seasonal / Temporary Uses" as one of the
temporary use categories allowed under LDR Section 2.4.6.(H)(8). The
amendment further imposes regulations and restrictions under a new sub
paragraph 2.4.6. (H)(3)(d) which requires these uses to be sponsored by the
City, Community Redevelopment Agency, the Downtown Joint Venture or other
agency which is formulated for the purposes of economic development as
approved by the City Commission. In addition, horse drawn carriage operators
must have a license agreement approved by City Commission.
This amendment will clarify the process of approval necessary to accommodate
the new seasonal attractions introduced by the City last year as part of the
Thanksgiving/Christmas season events.
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. While the
amendment does not specifically further the Goals, Objectives and Policies of the
Comprehensive Plan, it is not inconsistent with them.
The Planning and Zoning Board will hold a public hearing regarding this item on
October 20, 2003. The action taken by the Board will be reported to City
Commission at the meeting.
By motion, approve on first reading the amendment to the Land Development
Regulations regarding Section 2.4.6.(H) "Temporary Use Permits", based upon
positive findings with LDR Section 2.4.5(M)(5), and setting a public hearing date
of November 4, 2003.
Proposed Ordinance
ORDINANCE NO. 41-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SUBSECTION 2.4.6,
"PROCEDURES FOR OBTAINING PERMITS AND
APPROVALS", PARAGRAPH (H), "TEMPORARY USE PERMIT",
TO ADD HORSE DRAWN CARRIAGE RIDES, ICE SKATING
RINK, CAROUSEL AND OTHER I~RI.3.TED
HOLIDAY/SEASONAL TEMPORARY USES AUTHORIZED BY
THE CITY COMMISSION; BY ADDING A NEW SUB-
PARAGRAPH (D) TO PROVIDE THAT THESE USES BE
SPONSORED BY THE CITY, COlVI~IUNITY
REDEVELOPMENT AGENCY, THE DOWNTOWN JOINT
VENTURE, OR OTHER AGENCY FORMULATED FOR
ECONOMIC DEVELOPMENT PURPOSES AND PROVIDING
THAT THE OWNER OR OPERATOR OF CARRIAGE RIDES
MUST HAVE A LICENSE AGREEMENT APPROVED BY THE
CITY COMMISSION; IIRI.E'I'I'ERING THE REMAINING SUB-
PARAGRAPH; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursnant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public heating held on ~ and voted to __ to
recommend that the changes be approved; and
WHEREAS, pursuant m Florida Statute 163.3174(4)(c), the planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions", Section 2.4, "General
Provisions", Subsection 2.4.6, "Procedures for Obtaining Permits and Approvals", paragraph (Iq),
"Temporar3r Use Permit", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
2.4.6 Procedures for Obtaining Permits and Approvals: The following procedures shall
be followed in obtaining various permits and approvals as indicated by subsections
headings.
(H) Temporary Use Permit: A temporary use shall be required for any of the
uses listed below. The granting authority of each use is as shown.
1. Circuses or Carnivals - City Commission
2. Uses under a Tent - City Commission
3. Sales Offices and Models at a Residential Development Site -
Chief Building Official
4. Construction Trailers and Compounds - Chief Building Official
5. City Operated Facilities - City Commission
6. Seasonal Farmer's Market - City Commission
7. Temporary Parking Lots - City Commission
8. Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and
Other Related Holiday, Seasonal/Temporary Uses - City
Commission
(1) Rule: No temporary use shall be allowed except as provided in this Subsection
(H) or as othenvise provided for in these regulations.
(2) Required Information: A request for a temporary use shall be made via letter to
the granting authority. The letter shall contain the following information, as applicable to the use
being requested.
(a)
(c)
Name of petitioner;
Name of property owner and consent therefrom;
Location of site;
2 ORD. NO.
Purpose, activity to be conducted;
Period of use;
Proof of ability to connect temporary electric services (see Article 7.2);
Proof of ability to provide toilet facilities for both men and women on the
premises, subject to approval of the County Health Department;
How foodstuffs are to be handled;
In addition, for circuses and carnivals, the following is required:
The nature of the advertising or promotion activity to be conducted for the
(i)
cimus or carnival;
(j) Proof of whether or not the applicant, or the individual identified as having
the management authority or supervision of the circus or carnival, has been convicted of any
crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each
offense;
(k) If specifically required, copies of all printed advertising proposed to be
used in promoting the use;
(1) If specifically required, credentials from the person, if any, for which the
applicant proposes to do business, authorizing the applicant to act as such representative.
(3) Regulations and Restrictions:
(a) Uses Under a Tent:
1. The use of a tent, or tents, shall only be as follows:
a. The sale of seasonal items which, when protected from the
sun, provides for a less hazardous product for public use (i.e.
Christmas tree sales);
b. Assembly occupancies to protect the public from the elements.
c. The use of tents for retail sales or other commercial use is
prohibited, except as otherwise permitted in this section.
3 ORD. NO.
(b)
(c)
2. The tent and site shall comply with the following:
a. The tent shall be approved by the Fire Marshall for fire
resistance.
Adequate fire protection equipment, in a type and capacity as
approved by the Fire Marshall, shall be provided on the
premises at all times.
Co
Payment of a permit fee [2.4.3(K)] and a deposit of $50 which
shall be returned upon determination by the Chief Building
Official that all debris resulting from the use has been
removed from the site.
d. Obtaining of permits for electrical and health and sanitation
facilities, as applicable.
Circuses and Carnivals:
An investigation of the applicant's business reputation shall be
conducted by the City and the request shall not be approved if such
investigation discloses tangible evidence that the conduct of the
circus or carnival would pose a substantial threat to the public
health, safety, morals, or general welfare.
Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained.
Seasonal Farmer's Market:
A farmer's market may be permitted within that portion of the
City's Transportation Concurrency Exception Area that is west of
the Intracoastal Waterway, for the purposes of downtown
revitalization, subject to the following restrictions:
The market must be sponsored by the Community
Redevelopment Agency, the Downtown Joint Venture, or
other agency which is formulated for the purposes of
economic development as approved by the City Commission.
4 ORD. NO.
Operation of the market is to be limited to the growing season
(generally, November through May), but not more than one
day per week, unless specifically authorized by the City
Commission. The Commission shall establish the specific
days and hours of operation, as well as the duration of the
temporary use permit.
Products to be sold shall consist of agricultural produce, plants
and flowers; baked goods; and cheeses. The Commission may
also at its discretion approve the limited sale of related
products such as handmade crafts, prepared foods, and
promotional items bearing the name of the City and the
market. The sale of such additional items, if approved, shall be
limited to a specific number or percentage of the total vendors.
do
The Commission may approve the design elements of the
market (i.e. site layout, types of tents/booths to be erected,
etc.), or may defer such elements to the Site Plan Review and
Appearance Board (SPRAB) or the Historic Preservation
Board (HPB) as appropriate. All elements must comply with
applicable health, safety and fire codes.
e. Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained.
Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other
Related Holiday, Seasonal/Temporary Uses
The horse drown carriage rides, ice skat'mg fink, carousel, and other related
holiday, seasonal/temporary uses must be sponsored by the City,
Community Redevelopment Agency, the Downtown Joint Venture, or
other agency which is formulated for the purposes of economic
development as approved by the City Commission. The owner/operator of
the horse drawn carriage rides must have a license agreement approved by
the City Commission prior to commencing the use.
(-d)~ Temporary Parking Lots:
A temporary park'mg lot may be permitted within the following
areas:
5 ORD. NO.
the portion of the Central Business District (CBD) and
Community Facilities (CF) District which is bounded by
Swinton Avenue on the west, the Intracoastal Waterway on
the east, N. E. 2nd Street on the north, and S.E. 2nd Street on
the south;
the portion of the CBD and CBD-RC District which is
bounded by N.E. 2nd Avenue on the west, the FEC Railway
on the east, N.E. 2nd Street on the south, and N.E. 4th Street
on the north;
** the portion of the CBD located east of the Intracoastal
Waterway;
the non-residential zoning districts bounded by Swinton
Avenue on the east, 1-95 on the west, N.W. 1st Street on the
north, and S.W. 15th Street on the south.
Temporary parking lot spaces shall not be used to fulfill minimum
off-street parking requirements for new development or
redevelopment. Temporary lots may be used to supplement
required parking.
Prior to issuance of the temporary use permit, the applicant shall
submit a site plan which includes proposed grade elevations,
landscaping and other information which addresses the regular
maintenance of the pgrking surface and irrigation of the landscaped
The City Engineer shall approve the grading plan for the parking
lot. The site plan shall be reviewed and recommended for approval
by the Parking Management Advisory Board prior to submission to
the City Commission for consideration.
Pen-nits for temporary parking lots shall be issued for a one-year
period. Permits may be renewed annually to a maximum of three
(3) years upon review and positive recommendation by the Parking
Management Advisory Board.
The temporary parking lot shall be monitored for compliance with
the approved plan. Should the City Manager find that the operation
6 ORD. NO.
of a lot is not in compliance or if the lot has an adverse effect on
surrounding properties, and the applicant is unable or unwilling to
rectify the problem the permit may be reviewed by the City
Commission for possible revocation.
Within thirty (30) days of expiration of the permit, all rock or
gravel surfaces shall either be removed or covered with top soil.
The site shall then be sodded or landscaped as determined
acceptable by the Planning and Zoning Department.
A temporary parking lot shall be constructed to the following
specifications:
The parking lot surface shall be brought to grade with a dust
free surface of one of the following materials over soil which
has been compacted to 95% maximum density per AASHTO
T180:
four inches of crushed limerock or shellrock coated with a
prime coat per FDOT "Standard Specifications for Road and
Bridge Construction", latest edition;
** four inches ofpearock, gravel or river rock; or
** six inches of mulch.
If the lot is not operated on a 100% valet basis, wheel stops
shall be provided as a means to indicate individual spaces. The
size of the parking spaces, maneuvering areas and aisle widths
shall be subject to the standards of Section 4.6.9(D)(4). In
addition, the parking lot shall meet the requirements of the
"Florida Accessibility Code for Building Construction".
c. If the lot is operated on a 100% valet basis, then wheel stops
shall be provided at the edge of the parking surface.
The lot shall meet the requirements of Section 4.6.9(D)(3) for
access to the street system. Driveway aprons between the edge
of pavement and the right-of-way line shall be constructed of
asphalt or concrete.
? o
eo
The parking lot perimeter shall be buffered with a minimum 3
feet wide landscape strip, screened with a minimum 2 feet
high hedge or 4 feet high opaque fence. Water for irrigation
shall be available within fifty (50) feet of all landscaped areas.
If the parking lot is to be utilized at night, the applicant shall
contract with FPL to install supplementary lighting on
adjacent power poles where possible. The applicant may, as an
option, provide alternative on-site lighting for the parking lot.
g. Trees of 4 inches or greater diameter at 4-112 feet above the
ground shall not be removed.
(4) Procedures: Upon receipt of all required information, the granting authority shall
take the request under consideration and upon assurance that all applicable regulations and
requirements will be met, the authority shall issue a temporary use permit for a period of time as
specified in the permit.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading.
8 ORD. NO.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # IO~>- REGULAR MEETING OF OCTOBER21. 2003
ORDINANCE NO. 21-03 (.AMENDING CHAIrrER 99 "NOISE
CONTROL")
OCTOBER 17, 2003
This ordinance is before Commission for second reading to amend Chapter 99, "Nome Control" 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 instruments, phonographs and
sitlailar devices in residential zoning districts.
At the first reading on October 7, 2003, the Commission passed Ordinance No. 21-03.
Recommend approval of Ordinance No. 21-03 on second and final reading.
S:\City Clerk\agenda memos. Otd 21.03.Noise Control. 10.21.03
£1TY UF DELAIW BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE * DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
~993 DATE:
MEMORANDUM
September 22, 2003
Writer's Direct Line: 561/243-7091
TO:
FROM:
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Proposed Chan,qes 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:
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 CLAK[FY
CERTAIN DISTANCE REQUIREMENTS FOR NOISE
EMANATING FROM VEHICLES AND BUILDINGS AND
PROVIDING THAT THE OUTDOOR PLAYING OF MUSICAL
OR SIMILAR 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 fi.om 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 Delmy 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
immanent, phonograph or other machine or device for the producing or reproducing of sound if
such sound is for the purpose of entertainment or is used for that purpose and can be heard from
the distances stated in subsection (a) or violates the parameters set forth in subsection (b).
(a) Violation will occur if the noise source is located within an
automobile; that is located in or upon a public street, highway, building, sidewalk, park,
thoroughfare or other public area, or is located in or upon a public access area, such as a
shopping mall, parking lot or the like or on any private property, and the sound can be heard
more than fifty (50) feet from its source_, o~, 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. to
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).
(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.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
Ord. No. 21-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # lot - REGULAR MEETING OF OCTOBER 21, 2003
ORDINANCE NO. 40-03 (AMENDING CHAPTER 32. "DEPARTMENTS.
BOARDS AND COMMISSIONS")
OCTOBER 17, 2003
This ordinance is before Commission for second reading to amend Chapter 32, "Departments,
Boards and Commissions" of the City Code of Ordinances by amending Section 32.08 "Length of
Terms; Restrictions", Subsection (E) to allow a member of a City Board to also serve on the
Neighborhood Advisory Council.
At the first reading on October 7, 2003, the Commission passed Ordinance No. 40-03.
Recommend approval of Ordinance No. 40-03 on second and final reading.
~\city Clerk\agenda memos. O~d 40.03 Departments, Boards and C°nmmsions 10.21.03
BEg[H
[IT¥ I]F I]ELIlR¥
CiTY ATTORNEY'S OFFICE 2°° ~w ,st AVEN,~E-DEL.A'~.EAC.. FLO.IDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer'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:
Camlanne 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, Flodda, 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 G_c_ommittee includes, as part of its membership, the member(s) of another specifically
named advisory board or Cm__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
Nei.qhborhood Advisory Council. In such a case, a member of the specifically named
advisory board or C~_ommittee is eligible to serve on two (2) or more advisory boards or
G~.o_ mmittees. Notwithstanding the foregoing, a member may serve on more than one task
force or ad hoc G~.o_ mmittee or may serve as an advisory board or C=~,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 Florida 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 conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2003.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
2 ORD. NO. 40-03