02-10-04 Agenda Special ITY M I IN
CITY OF DELRAY BEACH, FLORIDA
SPECIAL/WORKSHOP - TUESDAY. FEBRUARY 10. 2004
6:00 P.M. FIRST FLOOR CONFERENCE ROOM
DELSAY BEACH
1993
2001
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual
with a disability an equal opportunity to participate in and enjoy the benefits of a service, program,
or activity conducted by the City. Contact Doug Randolph at 243-7127, 24 hours prior to the
program or activity in order for the City to reasonably accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Jeff Perlman has
instructed me to announce a Special Meeting of the City Commission to be held for the following
purposes:
SUBSTITUTE EASEMENT DEED/LAIrE~ WORTH DRAINAGE DISTRICT:
Consider approval of the forty (40) foot substitute easement to the Lake Worth Drainage
District (LWDD) from the Bexley Park property, located adjacent to the L-31 canal and just east
of Military Trail.
WORKSHOP AGENDA
1. Presentation - MOMS Club
2. Mayor's Report on status of A-1-A Issue
3. Discussion regarding attendance issues at City Boards
4. Presentation of MIS 5 Year Plan
5. Commission Comments
Please be advised that if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
[lTV I)F DELRrlV 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
Aa. AmedcaCity
TO:
MEMORANDUM
February 6, 2004
City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Easement Deed for Utilities
LWDD / Bexle¥ Park
Previously, the City Commission directed our office to make an effort to include in
the Easement Deed a reservation for public utilities (which would include
reclaimed water).
Commissioner Levinson, Dick Hasko, Paul Doding and I met with Bill Winters and
Mark Perry last week on the matter. The Easement Deed, with the reservation, is
scheduled to be heard by the Lake Worth Drainage District Board on Wednesday,
February 11,2004 at 9:40 a.m.
We are appreciative of the meeting with the Lake Worth Drainage District Staff and
their cooperation. We are hopeful that the substitute easement will be approved
by the Board.
At this time, in order to timely meet our requirements with D.R. Horton, Inc, we are
asking that you approve this substitute Easement Deed which contains the
reservation for public utilities, to be effective upon approval by the Lake Worth
Drainage District on Wednesday, February 11th.
Please place this on a Special Meeting agenda for February 10, 2004.
Attachments
Cc:
Barbara Garito, City Clerk
Bill Winters, LWDD
Mark Perry, Esq.
LAKE WORTH DRAINAOB DISTRICT
13081 Military Trail
Delmy Beach, FL 33484
PREPARTED BY:
MARK A~ PERRY, ESQ.
Perry & Kerl~ P.A.
50 Fourth Avenue
Delray Beach, FL 33483
PCN
EASEMENT DEED
Tills EASEMENT DEED, made this __ day of ,200, by and between the
CITY OF DELRAY BEACH, a Florida municipal/corporation~ party of the first part, and
LAKE WORTH DRAINAGE DISTRICT, a Special Taxing Dis~ct of the State of Florida,
party of the second par~, whose m.iling address is 13081 M/litary Trail, Delray Beach, Florida
33484.
WITNESSETH: That the party of the first part, for and in consideration of the sum of TEN
($10.00) DOIIARS, and other good and valuable consideration to it in hand paid, receipt of
which is hereby acknowledged, has ~'anted, bargslned and sold, and by these presents does ~rent,
bargain, sell and release unto the party of the second part, its successors and assigns, a perpetual
exclusive easement for the purpose of providing an unencumbered right-of-way for utilities
which may be granted to others by the second party, as well as providing an unencumbered
right-of-way for use as a canal and canal related purposes including but not limited to the use of
same for ingress and egress purposes, excavation, removal of vegetation, irrigation, water control
s~uctures, bra-m and ~ for maintenance and deposit of soi~ all quasi-utility-type purposes and
for any such purpose thereunto related or in anywise appertaining, over, across, through and
upon, under or within that pamel of land located in palm Beach County, Florida, described in
Exhibit "A" attached hereto and made a part hereof as if recited at length.
All utilities shall be required to provide pan'y of the second part with written consent from the
underlying fee owner of the subject real property prior to the installation of any utility lines.
First party shall grant no other easement~ erect no building or effect any other kind of
construction or improvements or plant any trees or shiubs upon the property described in Exhibit
Notwithstanding the foregoing, the first pan'y expressly reserves the absolute right, without the
consent of the second party, to ins~ll~ repair, and/or ma/utah any public utilities dee~nad
necessary or advisable by the first party within; u~lder and ~'~EOtlgh tho North five ($) feet of tho
real propen'y dascribad on Exhibit "A" over which the easement in favor of the second pan~y is
being granted pur~nt to this Easement Deed.
Pan'y of the first part does hereby specially warrant the title to said land and will defend tho same
agsln~ the lawful claims of all persons whomsoever claiming 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. Where the context of this easement deed allows or peamits, the same shall
include the successors or assigns of the pariies.
IN WITNESS WHEREOF, party of the first part has caused this instrument to be executed in its
name by its undersigned, duly authorized officers and its corporate seal to be hereunto affixed, to
the day and year first above written.
Signed, sealed snd delivered
In the presence of:
(1) Witness SJ~tur,
Printed Name
(2) Wimess SJ~ture
Printed Name
By:.
President
Printed Name
Post Office Address
(St_AL)
STATE OF
COUNTY OF
I I-IERI~.RY CERTIFY that on this day, before me, an officer duly authorized in
the State and County aforesaid to take acknowledgment, personally appeared
the of , on behalf of the corporation.
He/she is personally known to me or has produced as
identification, and did (did not) take an oath.
WITNF_~S my hand and official seal in the County and State last aforementioned th/s
day of ,200 __
NOTARY PUBLIC
Namo printed or typed
(Notary Stamp or Seal)
2
PARK
,I
MOMS Club® Wish List
A Child Friendly Room in the City of belray - A
room that is child proof and safe, with child-
sized furniture and walls painted a cheerful
color like yellow.
· ]~ncentives for art and cultural teachers to
come to belray. ' Current schedule of fees at
2§-3§% is too high especially for the space
currently available.
· A Publication that communicates programs
available to pre-k children and their families.
Families are NOT currently looking to Delray
for programs because none exist or survive
long term, so public relations must change the
image of Delray as friendly to young kids.
· ~ focused on these programs
that will handle registration, promotion, and be
available to answer questions. (AKA ,Tennifer
at Veteran's Park)
Office of the Mayor
Attn: Delores
City of belray Beach
100 NW 1st Avenue
belray Beach, FL, $$444
1/7/04
bear Delores,
As you requested by phone when you arrenged our meeting with the
Mayor for ,Tenuity 16th, ~00~ at 9:30 AM, Z have enclosed all pertinent
materials for our discussion with him.
There is a copy of the letter we sent back in ,Tuly and the most recent
article in the Palm Beech Post released today. Please call me if there is
anything else you need before our meeting on the 16th.
DaryJ-Hall
President, MOMS Club of belr~y Beach East
#495-2272
bery199~bellsouth.net
Mayor Jeff Perlman
City of Delray Beach
100 NW 1~ Avenue
Delray Beach, Florida 33~.~.~.
July 21, 2003
Dear Mr. Mayor,
The MOMS Club~ of East Delray is working hard to fill an enormous gap in the
education of our children that are the future of this community. This letter is our first step
to bring awareness to our local community and government about the need for more
cultural and sports programs for Pre-K children.
Currently, MOMS Club~ is working with Ok/School Square and the Cornell
Museum to develop art and dance classes for our 2, 3 and 4 year olds. MOMS Club~ is
working with the Delray Tennis Centerto develop tennis programs for our 3 and 4 year
olds. We are asking for your support and encouragement in making the 'AII America
City' a reality for the City's young children as well.
The MOMS Club~ has been in existence since 1994. We are a not-for-profit
support group for moms who make the important decision to stay home and raise their
children. Our membership is approximately 70 families with a long standing waiting list.
We provide activities for the children and families of our members and engage in local
charity work for the betterment of all children in our community. Since our inception,
MOMS Club~ has raised monies to adopt Delray Beach families during the Holiday
Season. We have been at Pompey Park, the days before Thanksgiving, helping with the
5000 meals sewed. We have contributed funds or needed supplies to AVDA, The
Birthline Program of Catholic Charities, The Delray Community Center Summer Camp,
the Delray Department of Health, and The Delray Beach East Library. MOMS Club~
received a Glory Award in 2002.
The problem we would like you to address ia the lack of Pre-K programming in
the City of Delray Beach. We recently polled our members to see what activities they
would like to see in the City of Delray geared to children ages 1 to 5 years old. The top
five answers were: music, tennis, dance, arts & crafts, and gymnastics.
We began to research how Delray Beach encourages, contributes to, and makes
available, such activities to its residents under age 5. We attended the Parks and
Recreation Open House at the Community Center on July 19th and were encouraged by
the many organized sports programs available. For other interests however, Delray's
young families must travel to Boca Raton for gymnastics at "Twisters' and arts and crafts
at ~Sparkles." We go to the Children's Museum in Boynton Beach for ~Kindermusik'.
We are envious of the programs offered by the Parks and Recreation Departments of
Boca Raton and Boynton Beach (see links below for more information). In those cities,
there are various activities for pre-schoolers every day of the week.
We do take great advantage of the Delray Beach East Ubrary's wonderful
schedule of events led by Lynda Hunter, but were disheartened to learn of the recent
budget cuts affecting these programs. We spearheaded a fundraiser (see enclosed
article) to ~supplement~ the funds specifically used for the Children's Department. We
raised $1200.00 in that cause. This success awakened us and we began to research
the vadous facilities in Delray, such as the Delray Community Center. We learned that
program leaders must pay the City of Delray 25-35% of their fee to use a reom, making
children's programs in Delray cost prohibitive.
MOMS Club~ is moved by a history of philanthropy. We want these programs
to better our community as a whole. Therefore, Mr. Mayor, wa respectfully request a
meeting with you in order to develop a Pre-K presence in Delray. Our proposed plan is
as follows:
We would like the City to financially support a Pre-K art & activity
program. We would like to see the fees, for program leaders, waived or
reduced.
· We would like a Parks & Recreation employee to coordinate the
programs for this age group.
We would like a building or reom designated and designed for small
children to use.
On November 8~, MOMS Club~ will be holding a Book'fair with Bames& Noble
Booksellers to raise funds. We would like to contribute to a City sponsored Pre-K
program. We look forward to headrtg from you so wa can work together to fill this
cultural education gap for our great City. I have sent a similar letter to City Manager,
David Harden.
Sincerely,
Daryl Hall
President, MOMS Club~ of Delray Beach East
#495-2272
dary199~,,bellsouth.net
City of Boca Raton Activities: http:llwww.ci.boca-raton.fl.uslparkslrecreator, htm
City of Boynton Beach Activities: http://www.boynton-
beach.or.q/index/pmodule id=11/pmdmode=fullscreen/pa.qeadder pa.qe id=791
the nonprofit o~on
~ rals~F~fi~ fOr local
As part of its yearly service teachers say he would set 'uP a
project, they want to bring to ~ ~e~f.~ch our meeting~heN~Year
about a change that will ul- preschool children? holiday.
~ly, ~be~e,fi~.~ ~ ~ ~ MOM~p]ans t~ d6 it~ ~ ~Ith~to be a groUl~ef.
[IT¥ OF DELRI3¥ BEI:I[H
CITY ATTORNEY'S OFFICE 2°° $~v .t ^VEN,~E-DEL.^'~.E^CH, ELO.II.^ 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
WdteFs Direct Line: 561/243-7091
DATE:
TO:
FROM:
MEMORANDUM
January 27, 2004
David Harden, ~nager
Brian Shutt, Assistant City Attorney
JAN 2 8 200/,
CITY MANAGER
SUBJECT: Proposed Ordinance Reqardin,q City Boards
At the January 20, 2004 meeting of the Parking Management Advisory Board, the
Board wished to amend its by-laws to provide a section that if a member missed 4
out of 6 regular meetings that would result in the automatic removal of the member
from the board. However, in order to accomplish this, the definition of
"Abandonment of Office" will need to be changed. I have attached a proposed
ordinance with the change in the definition. If we make this change in the
definition then all of the Boards, Committees and Commission will be affected by
this change. Please review this proposed ordinance and let me know how you
wish to proceed.
Attachment
CC:
Barbara Garito, City Clerk
Scott Aronson, Parking Mgmt. Specialist
ORDINANCE NO. __-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32,
"DEPARTMENTS, BOARDS AND COMMISSIONS", BY
AMENDING SECTION 32.15, "DEFINITIONS", TO PROVIDE
THAT MISSING FOUR OUT OF SIX MEETINGS WILL ALSO BE
CONSIDERED AN ABANDONMENT OF OFFICE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission deems it to be in the public interest to
provide that any board member who misses 4 out of 6 regularly scheduled
meetings shall be considered to have abandoned his/her office.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 32, "Departments, Boards and Commissions",
Section 32.15, "Definitions", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Sec. 32.15 DEFINITIONS
For purposes of this Section, the following definitions shall apply:
Member: Any person who is a member of any of the regulatory or advisory
boards, Committees and Commissions of the City, whether they are appointed by the City
Commission or elected.
Abandonment of Office: Includes, but is not necessarily limited to, failure to
attend three (3) consecutive regular meetings of a Board, Committee or Commission or
failure to attend four (4) out of six (6) regular meetings of a Board, Committee or
Commission.
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 upon its adoption
on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of ,200_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading