Agenda Reg 01-07-03City of Delray Beach
Regular Commission Meeting
Tuesday. _lanuaty 7, 2003
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Del~ay Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: ($61) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual wffi be Hmited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Ce
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual w~th a
chsability an opportumty to participate in and enloy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice), 24 hours prior to the event in order for the City to accommodate
your request. Adaptive listening devices are available for meetings in the
Commission Chambers.
2.
3.
4.
5.
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ROLL CALL
INVOCATION.
PLEDGE OF Al J.EGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
December 3, 2002 - Regular Meeting
December 10, 2002 - Regular Meeting
PROCLAMATIONS:
Martin Luther King, Jr. Day - January 20, 2003
Recognizing and Commending the Delray Rocks Football & Cheerleading Squads
Recognizing and Commending Maurice "Moose" Wamock
PRESENTATIONS:
A0
2002 City Golf Championship Awards - Sandra Eriksson, Director of Golf
Delray Beach Racquet Club Homeowner's Association - Chuck Oliver
CONSENT AGENDA: City Manager Recommends Approval.
RESOLUTION NO. 1-03: Approve Resolution No. 1-03 assessing costs for the
demolition of an unsafe structure located at 1860 Marty Fladell Drive.
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RESOLUTION NO. 2-03: Approve Resolution No. 2-03 assessing costs for the
demolition of an unsafe structure located at 906 and 908 S.W. 10~' Street.
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RESOLUTION NO. 3-03: Approve Resolution No. 3-03 assessing costs for the
demolition of an unsafe structure located at 68 N.W. 18~ Avenue.
GRANTING OF EASEMENT DEED/MARINA BAY: Approve an
ingress/egress easement granting to the Marina Bay - Marine Way Condomim'um
Association the fight to use a 5' by 22' sliver of City owned property for pedestrian and
vehicular ingress and egress of the town homes located adjacent to the Marine Way.
E0
ACCEPTANCE OF EASEMENT DEED/SPANISH RIVER RESORT AND
BEACH CLUB: Approve and accept an easement deed allowing the City to
construct/maintain a water line for general use and fire hydrants along East Atlantic
Avenue.
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CHANGE ORDER NO, 4/FINAL PAYMENT/SUBAQUEOUS SERVICES,
INC,: Approve Change Order No. 4 in the amount of $38,259.00, and final payment
in the amount of $41,356.59 to Subaqueous Services, Inc. for the Tropic Isles Canal
Dredging Project. Funding is available from 448-5461-538-63.90 (Storm Water Utility
Fund/Other Improvements) and 448-5461-538-65.54 (Tropic Isles Dredging).
CHANGE ORDER NO. 1/FINAL PAYMENT/ASTALDI CONSTRUCTION
CORPORATION: Approve Change Order No. 1 in the amount of a $104,591.50
decrease, and final payment in the amount of $52,633.80 to Astaldi Construction
Corporation for the SW Area Improvements Phase III Project. Funding is available
from 442-5178-536-65.59 (Water/Sewer Renewal & Replacement Fund/SW Area III)
and 448-5470-538-65.59 (Storm Water Utility Fund/SW Area III).
REOUEST FOR IN-LIEU PARKING SPACE/NANNY'S ATTIC: Approve a
request by Nanny's Attic for the purchase of one (1) in-lieu parking space in the amount
of $6,000.00. Nanny's Attic is located at 124 North Swinton Avenue.
REOUEST/ATLANTIC BAR & GRILL: Approve a request from Atlantic Bar &
Grill (32 East) for the elimination of two (2) customer pick-up spaces located on S.E. 1st
Avenue.
SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $18,800.00 to allow the applicant to secure new
financing.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS;
Accept the actions and decisions made by the Land Development Boards for the period
December 9, 2002 through January 3, 2003.
AWARD OF BIDS AND CONTRACTS:
°
Contract award to Johnson-Davis, Inc. in the amount of $46,100.00 for the
Breezy Ridge Utilities Demolition Project. Funding is available from 442-5178-
536-63.50 (Water/Sewer Renewal & Replacement Fund).
Contract award to Thomas B. Cushing Demolition in the amount of $22,700.00
for the removal of structure, parking lot, and concrete footers; cleaning lot of all
debris and rough grading property known as the Ice House, 335 North
Congress Avenue. Funding is available from 448-5470-538-65.47 (NW 18~
Avenue/Marry Fladell).
Contract renewal with Commercial Chemical for the purchase of bulk Sodium
Hypochlorite at an estimated annual cost of $22,000.00. Funding is available
from 441-5123-536-52.21 for $17,600 and 441-5122-536-52.21 for $4,400
(Water/Sewer Fund/Chemicals).
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Purchase award to Maroone Chevrolet in the amount of $19,170.00 via the
Florida Sheriffs Association and Florida Association of Counties Bid #02-10-
0826 for the purchase of a 2003 Chevrolet Blazer for the Environmental
Services Department's GIS/Hansen Data Acquisition Program. Funding is
available from 441-5123-536-64.20 (Automotive).
Purchase award to McCotter Ford in the amount of $30,948.00 via the Florida
Sheriffs Association and Florida Association of Counties Bid #02-10-0826 for
the purchase of a 2003 Ford Excursion for the Police Depamnent. Funding is
av~ilable from 501-3312-591-64.20 (Central Garage Fund/Automotive).
Purchase award to Medtec in the amount of $343,000.00 via the Florida Sheriffs
Association state-wide bid package for two (2) Rescue Units for the Delray
Beach Fire Department. Funding is available from 501-3312-591-64.20 (Central
Garage Fund/Automotive).
REGULAR AGENDA:
REOUEST TO REDUCE LIENS/NICHOLAS ARSALI: Consider a request to
reduce liens on property acquired by Mr. Nicholas Arsali located at 415 N.W. 2nd Street.
The liens currently total $8,848.05; Mr. Arsali is prepared to pay the remaining lien of
$4,232.64, which includes the City's out-of-pocket expenses. Staff recommends denial.
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Approve an interlocal agreement between the City of Delray Beach and
the Community Redevelopment Agency (CRA) for the financial contribution regarding
the relocation of transmission Lines on S.E. and N.E. 2"a Avenue from S.E. 1st Street to
N.E. 2na Street to an area just east of the FEC railroad tracks.
PAYMENT/FLORIDA POWER & LIGHT: Approve the issuance of a check
to Florida Power & Light (FPL) in the amount of $44,156.50 for the completion of
the Pineapple Grove Way Power Line Relocation Project. Funding is available
from 119-4151-572-63.90 (Pineapple Grove FPL Poles).
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/
CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT
THE CITY AT LOGIC AND ACCURACY TESTS FOR THE MUNICIPAL
ELECTION; Consider authorizing the Palm Beach County Supervisor of Elections to
handle and canvass the City's absentee and provisional ballots for the March 11, 2003
Municipal Election, and represent the City at the requisite Logic and Accuracy tests.
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD; Appoint
three 0) regular members to the Code Enforcement Board for a three (3) year term
ending January 14, 2006, and two (2) alternate members to fulfill unexpired terms
ending January 14, 2004 and January 14, 2005. Based upon the rotation system, the
regular appointments will be made by Commissioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4), and Mayor Schmidt (Seat #5). The alternate appointments will be
made by Commissioner Perlman (Seat #1) and Commissioner Archer (Seat #2).
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01-07-2003
10.
APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
the following members to the Nuisance Abatement Board; three (3) regular members
with terms ending March 31, 2005 and one (1) regular member to fill an unexpired term
ending March 31, 2004. Based upon the rotation system, the appointments will be
made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5).
APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint two (2) CitiEen at Large representatives to the Parking Management
Advisory Board for two (2) year terms ending January 31, 2005. Based upon the
rotation system, the appointments will be made by Commissioner Perlman (Seat #1)
and Commissioner Archer (Seat #2).
APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2003. Based upon the rotation system, the appointment will be made by Commissioner
McCarthy (Seat #4).
PUBLIC HEARINGS:
RESTATED LEASE AGREEMENT/BOYS ~ GIRLS CLUB; Consider approval
of a restated lease agreement between the City of Delray Beach and the Boys & Girls
Club of Palm Beach County for property in Lease Area Four at the Catherine Strong
Center.
ORDINANCE NO, 59-02; An ordinance mending Chapter 33, "Police and Fire
Departments", subheading "Pensions", of the City Code of Ordinances to provide
credit for police/firefighters with previous service as a general employee.
ORDINANCE NO. 58-02: An ordinance amending Chapter 33, "Police and Fire
Departments", subheading "Pensions", of the City Code of Ordinances to allow police
officers/firefighters credit for prior service as a police officer/firefighter with another
employer.
ORDINANCE NO. 56-02: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to
provide for the purchase of prior government service under the general pension plan.
Bo
ORDINANCE NO, 57'02: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to allow
previously excluded employees to participate in the general pension plan.
ORDINANCE NO. 60-02: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the
Code of Ordinances to adjust the fee schedule for emergency medical transportation in
accordance with the National American Fee Schedule.
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12.
13.
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ORDINAN(~E NO. 53-02: An ordinance modifying Ordinance No. 4-99 by
amending subsection 4.6.9(E), "Location of Parking Spaces" of the Land Development
Regulations to extend the In-Lieu of Parking Fee regulations.
Ho
ORDINANCE NO. 54-02; An ordinance revising Ordinance No. 51-02 to clarify
that Lot 3 of Block 2 and Lot 3 of Block 3 of the Silver Terrace Subdivision are
included in Ordinance No. 51-02.
ORDINANCE NO. $5-02: An ordinance amending Chapter 111, "Advertising" of
the City Code of Ordinances by enacting a new Section 111.18, "Distributing
Commercial and Non-Commercial Handbills in Public Places".
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOI,!,OWING PUBLIC HEARINGS.
A. City Manager's response to prior 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
POSTED: JANUARY 3, 2003
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01-07-2003
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
REGULAR MEETING - JANUARY 7~ 2003
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM TO:
9. REGULAR AGENDA
H. PROPOSAL FOR SETTLEMENT/MUNROE v. CITY OF DELRAY
BEACH:
Consider a Proposal for Settlement in the mount of $75,000.00 in Munroe v. City of Delray
Beach. Staff recommendation is denial
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.
[ITY OF DELRI:I¥ BEI:II:H
CITY ITTORNEY'S OFFICE ~oo mw ~ ^v~. ~^~ ~., ~o.~^..~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
January 6, 2003
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
Munroe v. City of Delra¥ Beach et al
Writer's Direct Line: 561/243-7091
This case was scheduled again for trial on January 6, 2003, however, Plaintiff's
counsel obtained a continuance for a period of three months due to the fact that
Plaintiff was unable to obtain a visa in time for trial.
This case arises from an event that occurred on April 28, 1996 wherein the Plaintiff
received a gunshot wound while he was being handcuffed by one of the City's
police officers. The City and the police officer are being sued, including a claim for
punitive damages against the police officer. On September 9, 2000, the City
denied a demand for judgment in the amount of $100,000.00. On January 1, 2001
another settlement offer was made again for $100,000.00. That was also denied
by the City Commission.
At this time, the Plaintiff has made another written offer to settle in the amount of
$75,000.00. Our office recommends denial at this time.
Please place this settlement request on
Commission agenda.
the Tuesday,
January 7, 2003 City
DECEMBER 3~ 2002
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at
6:00 p.m., Tuesday, December 3, 2002.
1_. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
None
Also present were -
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attomey
Terrill Pybum, Assistant City Attorney
Barbara Garito, City Clerk
2. The opening prayer was delivered by Father Keith Johnson, Rector with St.
Matthew's Episcopal Church.
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
Ms. McCarthy moved to approve the Agenda, seconded by Mr. Perlman. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
APPROVAL OF MINUTES:
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of
November 19, 2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes. Said motion passed with a 5 to 0 vote.
PROCLAMATIONS:
None.
At this point, the Commission moved to Item 7.B., "All About Me" Contest
Winners - Delra¥ Beach Parks and Recreation Department.
7..:. PRESENTATIONS:
7.B. "All About Me" Contest Winners - Delra¥ Beach Parks and Recreation
Department
Tonya Smith, Director of the Out of School Program/Parks and Recreation, stated
the "All About Me" contest involves a coloring contest, a drawing contest, and an essay contest.
The selected winners are from Pine Grove Elementary School, the Community Center, and
Pompey Park.
Mayor Schmidt introduced the following Out of School Advisory Board members
for the Out of School Program:
Andy Bouchlas (Member), Osceola District Executive- Boy Scouts of America
Nancy Hurd, (Backup Chairperson), Executive Director - Community Child Care
Center
Sharon Ryailis (Member), Program Supervisor - Children's Home Society of Florida
Sharon Taylor (Secretary), Parent of a child in the After School Program
Sandra Willis (Chairperson), Parent in community
Mayor Schmidt introduced the following "All About Me" contest winners:
Essay Contest Winners:
Community Center
Valeria Mandujano
Jim Loscielle
Rudy Conde
Jeremy Morris
Drawing Contest Winners:
Community Center
Travon Campbell
Kayla Thomas
Andres Aguirre
Coloring Contest Winners:
Community Center
Brian Welch
Alexis Mendoza
Mariariette Rolon
Pine Grove
Jasmine Smith
Carmeron Lewis
Mario Aparicio
Dinashell Noel
Pompey Park
Andly Thelismon
Tatyona Evans
Riana Towsend
Desmond Phillips
Pine Grove
Kadesha Baker
Fabiana Damisse
Jade Dowdell
Pompey Park
Kenisha Brown
Kiesha Odom
Rejene Gabriel
Pine Grove
Frank Barker
Francisca Dieubon
Ariel Rolle
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Pompey Park
Kaisj a Evans
Alexandria Fenelon
Ariel Cherry
12/03/02
7.A. Site Plan Review and Appearance Board (SPRAB) Awards.
Gary Eliopoulos, Chairman of the Site Plan Review and Appearance Board
(SPRAB), stated this is the 11th Annual Award Recognition Program and the awards are given to
those property owners and their design teams who have significantly contributed to the beauty of
the community through creative design or renovations to existing properties. Mr. Eliopoulos
recognized the other six members of the Site Plan Review and Appearance Board (SPRAB):
Nancy J. Stewart, Vice Chair
Deborah D. Dowd, Second Vice Chair
Mark Gregory (Sign Contractor)
Roger Cope (Architect)
Mayer Abbo (Architect)
Daniel Carter (Landscape Architect)
Mr. Eliopoulos presented the SPRAB awards to the 2002 award recipients:
NEW COMMERCIAL DEVELOPMENT
Autobahn Motors
Autobahn Motors, Inc. (Owner)
Eliopoulos and Associates, Inc. (Arc~tect)
Dave Bodker Landscape Architecture and
Planning (Landscape Architec0
PRIVATE COMMUNITY FACILITY
Morton Downey Family Resource Center
} Community Child Care Center of Delray Beach
(Owner)
~ Robert G. Currie Partnership (Architect)
Dave Bodker Landscape Architecture and
Planning (Landscape Architec0
Brenner Real Estate Group/Butters Construction
& Development, Inc. (co-owners)
MULTIPLE FAMILY RESIDENTIAL
DEVELOPMENT
Co-Winners:
The Estuary
Porten Companies (Owner)
Robert G. Currie Partnership (Arclutec0
Jerry Turner & Associates (Landscape Architec0
Ocean Hammock
Ironwood Properties, Inc. (Owner)
Rustem Kupi (Architect)
Mucciolo Design (Landscape Architect)
NEW INDUSTRIAL DEVELOPMENT
Co-Winners:
Just Tile and Marble
Contractors Management Services Inc.
JMS Design, Inc. (Architect)
Butterfly Landscaping, Inc. (Landscape
Architect)
EXTERIOR RENOVATIONS
SOPRA Restaurant
P TD1 Restaurant (Owner)
>' Robert G. Currie Parmership (Arclutect)
WALL SIGNAGE
Zenith Commerce Center
D.P.O.C. Associates Ltd. (Owner)
Kenneth Carlson (Architect)
Kevin E. Holler (Landscape Architect)
LongHorn Steak House
} LongHorn Steak House (Owner)
} Art Sign Co., Inc. (Contractor)
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12/03/02
FREE-STANDING SIGNAGE
Delray Bay Apartments
> Olen Communities, Inc. (Owner)
~, McNeill Signs, Inc. (Contractor)
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/DELRAY 403: Approve the
subdivision plat for Delray 403, located on the northeast side of S.E. 1st Street and S.E. 4th
Avenue.
$.B. FINAL SUBDIVISION PLAT APPROVAL/MERIDIAN: Approve the
subdivision plat for the Meridian, located on the east side of S.E. 6th Avenue, between S.E. 3rd
Street and S.E. 4th Street.
8.B.1 RESOLUTION NO. 84-02/ABANDONMENT OF WATER EASEMENT:
Approve the abandonment of a 12' wide water easement lying within a portion of Lots 3 and 4,
Blank-Nichols Subdivision along with the combined preliminary/final plat for a 1.973 acre
development known as the Meridian, located on the east side of S.E. 6th Avenue (Northbound
Federal Highway), between S.E. 3ra Street and S.E. 4th Street.
The caption of Resolution No. 84-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 12-FOOT WIDE WATER EASEMENT
LYING WITHIN A PORTION OF LOT 3 AND LOT 4 OF
BLANK-NICHOLS SUBDIVISION (PB 13, PG 28), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A".
(The official copy of Resolution No. 84-02 is on file in the City Clerk's office.)
RESOLUTION NO. 95-02/ABANDONMENT OF UTILITY EASEMENT:
Approve the abandonment of a 6' wide utility easement within the Plat of Sabal Lakes Phase
Three, located east of Barwick Road and north of the L-31 Canal off of Seagrape Circle.
The caption of Resolution No. 95-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 6-FOOT WIDE UTILITY EASEMENT
WITHIN THE SABAL LAKES PHASE THREE
DEVELOPMENT, LOCATED EAST OF BARWICK ROAD,
NORTH OF CANAL L-31, AS MORE PARTICULARLY
DESCRIBED HEREIN.
(The official copy of Resolution No. 95-02 is on file in the City Clerk's office.)
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12/03/02
8.D. RESOLUTION NO. 96-02: Approve Resolution No. 96-02 assessing costs for
the demolition of an unsafe structure located at 234 S.W. 10th Avenue.
The caption of Resolution No. 96-02 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. 96-02 is on file in the City Clerk's office.)
8.E. PURCHASE OF RECTRAC SOFTWARE: Approve the purchase of the
RecTrac sof~ware in the amount of $46,625.00 for the Delray Beach Parks and Recreation
Department to synchronize payments and registration at all six (6) remote sites with a link to the
AS400. Funding is available from 115-4925-572-64.90 (Special Projects Fund/Alter School
Program/Other Machinery/Equipment).
8.F. CHANGE ORDER NO. I/FINAL PAYMENT/G.T.E. BUILDERS, INC.:
Approve Change Order No. 1 in the amount of $10,887.20, and final payment in the amount of
$18,017.01 to G.T.E. Builders, Inc. for the Community Teen Center (505) Project. Funding is
available from 117-6111-519-63.40 (Recreation Impact Fee/Recreation Improvements), 334-
6111-572-62.09 (Delray Youth Teen Council), and 442-5178-536-61.83 (Water/Sewer/Lilt
Station Rehabilitation).
a.G.
CHANGE ORDER NO. 1/FINAL PAYMENT/CORNERSTONE
BUSINESSES~ INC.: Approve Change Order No. 1 in the amount of a $21,000.00 decrease,
and final payment in the amount of $33,651.00 to Cornerstone Businesses, Inc. for the Barrier
Island 16" ICWW Force Main Crossing Project. Funding is available from 441-5161-536-69.23
(Water/Sewer Fund).
8.H. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant\contract award through Community Development Division in the
amount of $21,000.00 to Preston Construction (329 S.W. 12th Avenue). Funding is available
from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant).
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12/03/02
8,I. SPECIAL EVENT REQUEST/HOWARD ALAN 14TM ANNUAL
DOWNTOWN ART FESTIVAL: Approve a special event request for the 14th annual
Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on January 18 and
19, 2003, granting a temporary use permit per LDR Section 2.4.6(H) for street closure of
Atlantic Avenue, east ofN.E./S.E. 6th Avenue east to Salina, and Vittoro's parking lot for vendor
parking; authorize staff to apply for the FDOT street closure permit; authorize staff support for
security and traffic control, and permit an event sign to be erected on Atlantic Avenue just east of
1-95 one week prior to the event with the sponsor paying all overtime costs; contingent on
sponsor providing a certificate of liability insurance.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 18, 2002 through November 29, 2002.
8.K. HUMAN RESOURCES MANAGEMENT PARTNERS~ INC./SALARY
STUDY: Approve the three percent (3%) base rate adjustment for general employees and other
pay plan adjustments as recommended by Human Resources Management Partners, Inc. to be
effective December 1, 2002.
AWARD OF BIDS AND CONTRACTS:
1-. Contract award to Insituform Technologies, Inc. in the amount of $528,972.00
for trenchless sanitary sewer rehabilitation of 9,112 feet of gravity sewer
(System 17/Barrier Island). Funding is available from 442-5178-536-63.51
(Sewer Mains).
2_. Bid award to various vendors for the purchase of chemicals and fertilizers via
Co-op Bid #2002-43 for a total amount of $183,000.00. Funding is available
from 001-4131-572-52.26 (General Fund/Gardening Supplies), 445-4714-
572-52.26 (Dekay Beach Municipal Golf Course Fund/Gardening Supplies),
446-4714-572-52.26 (Lakeview Golf Course Fund/Gardening Supplies), and
001-4511-539-52.26 (General Fund/Gardening Supplies).
3-. Lease award to Mears Motor Leasing in the amount of $28,000.00 for FY
2002 for the lease of five (5) police vehicles under the Florida Sheriff's
Association and Florida Association of Counties, Bid #02-10-0826. Funding
is available from 001-2115-521-44.40 (Rental and Lease Vehicles).
Mrs. Archer moved to approve the Consent Agenda, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
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12/03/02
9_. REGULAR AGENDA.
9oAo
PUBLIC FINANCIAL MANAGEMENT~ INC. PRESENTATION
Jay Glover, representing Public Financial Management (Financial Advisors for
the City of Delray Beach), stated this is a request before the Commission to authorize three
different resolutions authorizing two separate bond transactions. One is a General Obligation
Bond Issue and the other is a Utilities Tax Bond Issue. Mr. Glover stated both of these
transactions are refunding bond transactions and this means they are issuing new bonds to pay
off existing bonds at lower rates that the City already has outstanding. Mr. Glover stated there
are three reasons why this is done. The first is because the City can obtain substantial debt
service savings for doing these transactions. Mr. Glover stated because bonds are outstanding at
a higher rate and with the interest rates being as low as they are today, Public Financial
Management can issue new bonds to pay these bonds off. The second reason is to replace
existing bond covenants. Mr. Glover stated when a bond is issued there are many covenants that
are involved and there are different pledged revenues that are involved. In the case of the
Utilities Tax Bond Issue Public Financial Management is releasing the communications services
tax that are pledged to these bonds which allows the City to use them for other reasons other than
to pay the debt service. Mr. Glover gave a brief overview and summary of the General
Obligation Bonds, Series 1993 A (Decade of Excellence), and the General Obligation Refunding
Bonds, Series 1993B (Decade of Excellence). In addition, Mr. Glover gave a brief overview and
summary of the Utilities Tax Revenue Refunding Bond and Improvement Bonds, Series 1994
and the Utilities Tax Revenue Bonds, Series 1995. Mr. Glover stated another source of funds is
approximately $1.1 million fi.om a release of an existing guarantee investment contract. On a
portion of these outstanding bonds there is a debt service reserve requirement which is a set of
funds that is set aside at the time of pricing to pay debt service on bonds. In this case, Mr.
Glover stated they are releasing the existing $1.1 million that is in the debt service reserve fund
and purchasing a surety bond for $25,000 which is similar to an insurance policy that covers the
debt service requirement from a bond insurer.
For the benefit of the public, Mayor Schmidt stated the term of the existing bonds
is not being extended by the refinancing and will be paid off in the same amount time as the
existing bonds. Mr. Glover reiterated that they cannot extend the maturity on a refunding bond.
Mr. Glover stated the General Obligation Bonds that are outstanding have a final maturity of
2013 and the 2002 General Obligation Bond that Public Financial Management is issuing will
also have a final maturity of 2013. In the case of utilities taxes the final maturity on the refunded
bonds and the refunding bonds is 2016.
9,B. RESOLUTION NO. 90-02: Consider approval of Resolution No. 90-02
authorizing the negotiated sale of the City's Utility Tax Revenue Refunding Bonds, Series 2002,
in the aggregate principal amount of not exceeding $16,500,000 for the purpose of paying and
defeasing the City's Utilities Tax Revenue Refunding and Improvement Bonds, Series 1992;
Utilities Tax Revenue Refunding and Improvement Bonds, Series 1994; Utilities Tax Revenue
Bonds, Series 1995; Utilities Tax Revenue Bonds, Subordinate Series 1996; and Utilities Tax
Revenue Bonds, Subordinate Series 1998 (Collectively the "Refunded Bonds").
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12/03/02
The caption of Resolution No. 90-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
NEGOTIATED SALE OF CITY OF DELRAY BEACH,
FLORIDA, UTILITIES TAX REVENUE REFUNDING BONDS,
SERIES 2002, IN THE INITIAL AGGREGATE PRINCIPAL
AMOUNT OF NOT EXCEEDING $16,500,000 FOR THE
PURPOSE OF PAYING AND DEFEASING THE CITY'S
UTILITIES TAX REVENUE REFUNDING AND
IMPROVEMENT BONDS, SERIES 1992, ITS UTILITIES TAX
REVENUE REFUNDING AND IMPROVEMENT BONDS,
SERIES 1994, ITS UTILITIES TAX REVENUE BONDS,
SERIES 1995, ITS UTILITIES TAX REVENUE BONDS,
SUBORDINATE SERIES 1996 AND ITS UTILITIES TAX
REVENUE BONDS, SUBORDINATE SERIES 1998
(COLLECTIVELY, THE "REFUNDED BONDS");
DETERMINING CERTAIN DETAILS OF SAID BONDS;
APPOINTING THE UNDERWRITER; PROVIDING FOR THE
APPLICATION OF THE BOND PROCEEDS; APPROVING
THE FORM OF, AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A BOND PURCHASE AGREEMENT TO
EFFECT THE NEGOTIATED SALE OF THE BONDS AND
SETTING THE PARAMETERS BY WHICH THE MAYOR OR
VICE MAYOR SHALL BE AUTHORIZED TO EXECUTE AND
DELIVER THE BOND PURCHASE AGREEMENT;
APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION OF AN OFFICIAL STATEMENT IN
CONNECTION WITH THE OFFERING AND SALE OF THE
BONDS AND AUTHORIZING THE DISTRIBUTION OF A
PRELIMINARY OFFICIAL STATEMENT AND THE
OFFICIAL STATEMENT BY THE UNDERWRITER;
APPOINTING A PAYING AGENT; APPOINTING A
REGISTRAR; PROVIDING FOR A BOND INSURANCE
POLICY FOR THE BONDS PROVIDED BY FINANCIAL
SECURITY ASSURANCE, INC. AND AUTHORIZING AND
AGREEING TO ANY NECESSARY SUPPLEMENTS OR
AMENDMENTS TO THE BOND RESOLUTION IN
CONNECTION THEREWITH; IF APPLICABLE, APPROVING
THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN INSURANCE AGREEMENT IN
CONNECTION WITH THE ISSUANCE OF THE RESERVE
POLICY BY FINANCIAL SECURITY ASSURANCE INC.
PROVIDING FOR THE UNDERTAKING BY THE CITY
REGARDING SECONDARY MARKET DISCLOSURE AS
REQUIRED BY RULE 15c2-12 OF THE SECURITIES AND
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12/03/02
EXCHANGE COMMISSION; AMENDING RESOLUTION NO.
98-91 IN CONNECTION WITH THE SECURITY FOR THE
BONDS AND AMENDING RESOLUTION NO. 98-91 AND
RESOLUTION NO. 27-94 IN CONNECTION WITH THE DEBT
SERVICE RESERVE ACCOUNT FOR THE BONDS;
AUTHORIZING THE PROPER OFFICERS OF THE CITY TO
DO ALL OTHER THINGS DEEMED NECESSARY OR
ADVISABLE AS TO THE SALE AND DELIVERY OF THE
BONDS; AND PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 90-02 is on file in the City Clerk's office.)
Mr. Levinson moved to approve Resolution No. 90-02, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.C. RESOLUTION NO. 91-02: Consider approval of Resolution No. 91-02
authorizing the issuance of not exceeding $18,000,000 in the initial aggregate principal amount
of the City's General Obligation Refunding Bonds, Series 2002 (Decade of Excellence
Program); providing for the form and terms of the bonds.
The caption of Resolution No. 91-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF
NOT EXCEEDING $18,000,000 IN THE INITIAL
AGGREGATE PRINCIPAL AMOUNT OF CITY OF DELRAY
BEACH, FLORIDA GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2002 (DECADE OF EXCELLENCE
PROGRAM); PROVIDING THE FORM AND TERMS OF THE
BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS
FROM A TAX ON ALL TAXABLE PROPERTY IN THE CITY
OF DELRAY BEACH; PROVIDING FOR THE
UNDERTAKING BY THE CITY REGARDING SECONDARY
MARKET DISCLOSUR~ AS REQUIRED BY RULE 15c2-12
OF THE SECURITIES AND EXCHANGE COMMISSION;
PROVIDING FOR THE RIGHTS, REMEDIES AND
SECURITY OF THE HOLDERS OF THE BONDS;
PROVIDING FOR CERTAIN OTHER MATTERS DEEMED
NECESSARY AND PROPER IN CONNECTION WITH THE
ISSUANCE OF THE BONDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution No. 91-02 is on file in the City Clerk's office.)
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12/03/02
Mr. Perlman moved to approve Resolution No. 91-02, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0
vote.
9.1). RESOLUTION NO. 92-02: Consider approval of Resolution No. 92-02
authorizing the negotiated sale of the City's General Obligation Refunding Bonds, Series 2002
(Decade of Excellence Program) in the initial aggregate principal amount of not exceeding
$18,000,000.
The caption of Resolution No. 92-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
NEGOTIATED SALE OF CITY OF DELRAY BEACH,
FLORIDA, GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2002 (DECADE OF EXCELLENCE PROGRAM), IN
THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT
EXCEEDING $18,000,000; PROVIDING THE PARAMETERS
BY WHICH THE FINAL TERMS AND OTHER DETAILS OF
SUCH 2002 BONDS WILL BE ESTABLISHED, APPOINTING
THE UNDERWRITER OF THE 2002 BONDS; APPROVING
THE FORM OF AND DELEGATING TO THE MAYOR OR
VICE MAYOR THE AUTHORITY TO EXECUTE AND
DELIVER A PURCHASE CONTRACT TO BE USED FOR
THE SALE OF THE 2002 BONDS; APPOINTING A PAYING
AGENT AND BOND REGISTRAR; APPOINTING AN
ESCROW AGENT; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF AN
ESCROW DEPOSIT AGREEMENT; AUTHORIZING THE
REGISTRATION OF THE 2002 BONDS UNDER A BOOK-
ENTRY SYSTEM; APPROVING THE FORM OF A
PRELIMINARY OFFICIAL STATEMENT AND
AUTHORIZING THE EXECUTION AND DELIVERY OF AN
OFFICIAL STATEMENT RELATING TO THE 2002 BONDS;
AUTHORIZING THE USE BY THE UNDERWRITER OF THE
PRELIMINARY OFFICIAL STATEMENT RELATING TO
THE 2002 BONDS; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF A
PAYING AGENT AND REGISTRAR AGREEMENT
RELATING TO THE BONDS; PROVIDING FOR A BOND
INSURANCE POLICY FOR THE BONDS PROVIDED BY
FINANCIAL SECURITY ASSURANCE, INC.; AUTHORIZING
THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER
THINGS DEEMED NECESSARY OR ADVISABLE AS TO
THE SALE AND DELIVERY OF THE BONDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
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12/03/02
(The official copy of Resolution No. 92-02 is on file in the City Clerk's office.)
Ms. McCarthy moved to approve Resolution No. 92-02, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
9.E. BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of FY
2002 bonus payment to JCD Sports Group for golf operations in the amount of $13,650 and for
Tennis Center operations in the mount of $2,360. Funding is available from 445-4711-572-
34.90 (Delray Beach Municipal Golf Course Fund/Other Contractual Services), 446-4711-572-
34.90 (Lakeview Golf Course/Other Contractual Services), and 001-4215-575-34.90 (General
Fund/Other Contractual Services).
Robert A. Barcinski, Assistant City Manager, stated this is a request to consider
the bonus payment per the contract to JCD Sports Group, Inc. fiscal year 2002 for golf
operations in the amount of $13,650 and $2,360 for tennis operations. Mr. Barcinski stated there
is one difference in the point total and noted he does not recommend the 10 points awarded for
the mystery shopper score for the Lakeview Golf Course.
Mrs. Archer moved to approve staff's recommendation of a bonus payment to
JCD Sports Group, Inc. for fiscal year 2002 for golf operations in the amount of $13,650 and
$2,360 for Tennis Operations, seconded by Mr. Levinson. Upon roll call the Commission voted
as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.F. CONDITIONAL USE REQUEST/ALBATROSS CHILD CARE CENTER:
Consider a request for conditional use approval to allow the establishment of a child care facility
for Albatross Child Care Center, located at the southeast comer of Albatross Road and Curlew
Road. (Quasi-Judicial Hearing)
Mayor Schmidt read into the record a summary of how a quasi-judicial heating
is conducted by the City of Delray Beach.
The City Clerk swore in those individuals who wished to give testimony on this
item.
Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mrs.
Archer, Mr. Perlman, Mayor Schmidt, and Ms. McCarthy stated they had no ex parte contacts.
Mr. Levinson stated he had a conversation with Darlene Lang.
Jeff Costello, Principal Planner, entered the Planning and Zoning Department
project file #2002-284 into the record.
This proposal involves a request to convert an existing 3,122 square foot
residential triplex to a 2,060 square foot child care facility, which will accommodate up to 40
children with ages ranging from infant to 5 years.
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12/03/02
At its meeting of September 23, 2002, the Planning and Zoning Board held a
public hearing in conjunction with the request. There was concern expressed related to the
traffic associated with the project and safety concerns associated with vehicles coming to the
child care center from outside of the neighborhood. After discussing the proposal, the Board
voted 4 to 0 (Borchardt abstained; Krall and Pike absent) to table the request for two months
(November 18, 2002) to allow the applicant to prepare a market feasibility study and meet with
the neighborhood.
At its meeting of November 18, 2002, the Planning and Zoning Board held a
public hearing in conjunction with the request. There were a significant amount of persons that
spoke against the proposed day care center. Their concerns primarily related to traffic volumes
associated with the child care center, vehicular circulation, and pedestrian safety. In addition, a
petition containing 565 signatures and four letters opposing the proposed day care center were
submitted to the Planning and Zoning Board. After reviewing the staff report and discussing the
proposal, the Board unanimously voted 6-0 (Jess Sowards absent) to recommend that the request
be denied, based on the failure to make positive findings with respect to Housing Element Policy
A-12.3 of the Comprehensive Plan and Section 2.4.5(E)(5) of the Land Development
Regulations, and that the use would have a significant detrimental effect on the stability of the
neighborhood.
Since the Planning and Zoning Board meeting, Mr. Costello stated staff had the
City Engineer take a closer look at the traffic associated with the development proposal.
Randal Krejcarek, City Engineer, stated he received a copy of the traffic report
from Mr. Costello for this proposal. Mr. Krejcarek stated they do not have existing traffic data
for the neighborhood but staff has done similar counts in similar neighborhoods within the City
and based on the location of this neighborhood and the grid pattern of the streets within this
neighborhood, the majority of the traffic that is within the neighborhood is generated from the
neighborhood. Mr. Krejcarek stated the report indicated that the proposal would generate 156
additional trips per day and commented that he believes those trips are going to be concentrated
on Albatross Road (north/south street) and Curlew Road (east/west street) to the subject area.
Mr. Krejcarek stated if a traffic count were to be done he would expect the existing traffic
volumes on the majority of the streets the daily trips to be approximately 150 trips per day with
Curlew Road and Albatross Road possibly getting up to 200 trips per day if not higher. Mr.
Krejcarek stated the park that is located north of the subject area is a neighborhood park and the
majority of the people that would visit this park would be from the neighborhood. Therefore,
Mr. Krejcarek stated there would not be a significant amount of traffic generated from outside
the neighborhood to visit the park. Mr. Krejcarek stated the additional 156 trips for this
development would be distributed amongst Curlew Road and Albatross Road and he sees this as
a significant impact to the neighborhood.
Sergio Catenazzo, 2601 N.E. 26t~ Terrace~ Boca Raton (owner/applicant)~
stated it took several months working with the Planning and Zoning staff to get the proposal to
this stage in the process (i.e., traffic studies, review of the plans, etc.) and commented that he
followed the instructions that were given to him by the Planning and Zoning Board. Mr.
Catenazzo stated that typically child care businesses belong in multi-family areas. Mr.
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12/03/02
Catenazzo stated any new child care facility regardless of its size has to go through the
Conditional Use approval process.
Mayor Schmidt declared the public hearing open.
Joseph Kamarata~ 764 Avocet Road~ Delray Beach~ and President of Tropic
Palms Homeowners' Association~ stated he is opposed to opening a business in his
neighborhood and feels that a business should be placed in a business neighborhood. In addition,
Mr. Kamarata expressed concern that this proposal would generate more traffic and feels this is a
safety issue as well. Mr. Kamarata urged the Commission to deny the Conditional Use request.
Judi Ferel~ 521 Curlew Road~ Delray Beach~ stated there is a possibility that
Commission does not have a good background of what went on at the last meeting and
commented that many people spoke against the proposal. Ms. Ferel stated there were real estate
letters indicating that this would affect the property values and experts in the field of real estate
who spoke. In addition, Ms. Ferel stated she brought in a petition signed by approximately 330
people opposing the child care facility. Furthermore, Ms. Ferel also expressed concern over the
impact of traffic, noise, and safety issues and she is opposed to the child care facility being
located in her neighborhood.
Amber Kenny~ 530 Jaeeer DriveI Delray Beach~ stated she has three children
under the age of five and appreciates the need for quality child care. However, Mrs. Kenny
stated she is opposed to locating the child care facility in the heart of her neighborhood. Mrs.
Kenny stated she believes a business should be located in a business area and not in a residential
neighborhood especially when this generates the impact of the traffic that this one would. Mrs.
Kenny feels 150 car trips per day is a phenomenal impact in her neighborhood. Furthermore,
Mrs. Kenny continued to state that the sidewalks are not adequate and are not completed
throughout the neighborhood.
Claudia J. Dannelly~ 618 Lindell Boulevard~ Delray Beach~ stated there are not
adequate sidewalks or safety/traffic control devices to handle the additional traffic on the streets.
Ms. Dannelly stated currently the impact of traffic is coming from the apartment buildings on
both ends of Lindell Boulevard and from Boca. Ms. Dannelly stated she does not want any
businesses in her neighborhood that will add additional traffic to their streets.
John Benneth President of Progressive Residents of Delra¥ (PROD) and
speaking on behalf of the organization, stated the purpose of the Conditional Use process is to
weigh the impact on the surrounding properties. Mr. Bennett stated the Planning and Zoning
Department has done this and there was ample evidence that justifies their unanimous decision
that this is too much impact on the neighborhood. With regard to the traffic, Mr. Bennett stated
the City Engineer has provided additional information this evening and therefore urges the
Commission to uphold the decision of the Planning and Zoning Board.
There being no one else from the public who wished to address the Commission
regarding the conditional use request, the public hearing was closed.
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12/03/02
Brief discussion by the Commission followed.
With regard to comments expressed by the City Engineer about the comparison to
similar neighborhoods, Ms. McCarthy asked what the similar neighborhoods are. In response,
Mr. Krejcarek stated Seacrest/Del-Ida was one of the neighborhoods staff looked at.
Furthermore, Mr. Krejcarek stated the Seacrest neighborhood has cut-through streets and the non
cut-through streets and this is where one can see a significant difference in the traffic volume.
Secondly, Ms. McCarthy inquired about the traffic study the applicant submitted and asked if it
was comparable to the conclusion that the City Engineer came to. Mr. Krejcarek stated the
numbers he quoted came from this particular study.
Mayor Schmidt stated he grew up two blocks from the proposed location and
therefore is very familiar with this area. Mayor Schmidt stated he recalls when the triplexes
were built on Albatross Road this created a significant traffic impact. As much as he would like
to see day care, he feels if the day care facility is established in this location it will make the
traffic worse. Therefore, Mayor Schmidt stated he supports the recommendation of the Planning
and Zoning Board.
Mrs. Archer concurs that this is an inappropriate location for the day care facility
and therefore supports denial of the Conditional Use request.
Mr. Perlman moved to deny the Conditional Use request, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy
- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion to deny the
Conditional Use request passed with a 5 to 0 vote.
At this point the time being 7:10 p.m., the Commission moved to the duly
advertised Public Hearing portion of the agenda.
10.
PUBLIC HEARINGS:
10.A ORDINANCE NO. 47-02 {ADOPTION HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 2002-027: Consider on second reading an
ordinance adopting Comprehensive Plan Amendment 2002-02 and associated Future Land Use
Map (FLUM) amendment. Amendment 2002-02 includes:
· Modification of the definitions' section of the Public Schools Facilities
Element, by adding numerous new definitions.
· Modification of Policy B-2.1 of the Future Land Use Element, regarding
Concurrency, to add specific language with respect to Public School
Concurrency Review.
· Modification of Policy A-2.4 of the Future Land Use Element, regarding the
location of the automobile dealerships, to decrease the area which dealerships
should be directed to, as a result of a rezoning which expanded the CBD
(Central Business District).
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12/03/02
Modification of the Inventory and Analysis section of the Coastal
Management Element to reflect the recent completion of the Beach
Renourishment Project.
Modification of the Introduction and Summary of Major Features (Planning
Area subsection), Objective B-3 and Policies B-3.1 and B-3.2 of the Future
Land Use Element, all regarding the provision of services to land within the
planning area.
Privately initiated Future Land Use Map amendment from LD (Low Density
Residential, 0-5 du/ac) to CC (Commercial Core) for a 0.025 acre parcel of
land located on the north side of S.E. 4th Street, approximately 127 feet east of
S.E. 6th Avenue (northbound Federal Highway) associated with the Meridian
Mixed-Use Development.
The caption of Ordinance No. 47-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2002-2 PURSUANT
TO THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSWE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2002-2" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 47-02 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.
Dan Marfino, Principal Planner, stated Comprehensive Plan Amendment 02-2
was transmitted to the Florida Department of Community Affairs (DCA) for review following a
public hearing held by the City Commission on October 1, 2002.
At its meeting of September 23, 2002, the Planning and Zoning Board considered
Amendment 02-2 and recommended approval of the transmittal of the amendment to the Florida
Department of Community Affairs. After the review process, DCA declined to issue an
Objections, Recommendations, and Comments (ORC) Report regarding Amendment 02-2 and
the amendment is not required to return to the Planning and Zoning Board for a second public
hearing.
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12/03/02
Mr. Marfino explained that Amendment 02-2 includes one (1) privately-initiated
Future Land Use Map amendment and five (5) City-initiated text changes. No items have been
added, deleted, or otherwise modified since the Transmittal Public Hearing.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 47-02, the public
hearing was closed.
Mrs. Archer moved to approve Ordinance No. 47-02 adopting Comprehensive
Plan Amendment 2002-02 and associated Future Land Use Map (FLUM), seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy- Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 52-02: An ordinance rezoning from R-I-AA (Single Family
Residential) to CBD (Central Business District) for a 0.025 acre parcel of land located on the
north side of S.E. 4th th
Street, approximately 127 feet east of S.E. 6 Avenue (northbound Federal
Highway) associated with the Meridian Mixed-Use Development. 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. (Quasi-Judicial Hearing)
The caption of Ordinance No. 52-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
PRESENTLY ZONED R- 1-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO CBD (CENTRAL
BUSINESS) DISTRICT; SAID LAND BEING A PARCEL
LOCATED ON THE NORTH SIDE OF SE 4TH STREET,
APPROXIMATELY 127 FEET EAST OF SE 6TH AVENUE
(NORTHBOUND FEDERAL HIGHWAY), AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 2002";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 52-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schrnidt read into the record a summary of how a quasi-judicial hearing is
conducted by the City of Delray Beach.
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12/03/02
item.
The City Clerk swore in those individuals who wished to give testimony on this
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were disclosed.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 52-02, the public
hearing was closed.
Jeff Costello, Principal Planner, entered the Planning and Zoning Department
project file #2002-354 into the record.
Mr. Costello stated the Future Land Use Map (FLUM) amendment and rezoning
were approved with the transmittal subject to a condition that a variance application is submitted
and approval granted to reduce the rear setback and that the parking associated with the
residence is relocated elsewhere on the property. Mr. Costello stated the Historic Preservation
Board approved the variance at its meeting of November 6, 2002.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission regarding Ordinance No. 52-02, the public
hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 52-02 on Second and FINAL
Reading, seconded Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
non-agenda items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
The City Manager stated a couple of meetings ago there were questions about the
status of the dredging in Tropic Isles and commented that the dredging contractor will be back on
Monday, December 9, 2002, to finish six locations where Coastal Planning found that the canals
were not to the proper depth. Coastal Planning will have a representative on the barge as well as
City staff to ensure that each of the remaining locations is satisfactorily brought to the proper
depth. The City Manager stated the catch basins are currently being installed on Bolender Street,
McCleary Street, Eve Street and Tropic Boulevard except for catch basins next to power poles.
As soon as FPL commits to holding the poles, these boxes will be replaced also. The next
shipment of catch basins should be delivered later this month. The City Manager stated
Allamanda Drive and Banyan Drive are scheduled to start late this month or early in January
2003.
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12/03/02
11.B. From the Public.
ll.B.1. Jean Beer, 2145 S.W. 26th Terrace~ Delray Beach~ stated that the City
Commission recently voted to approve $10,000 for a post office in Pineapple Grove. Mrs. Beer
stated she realizes a post office is very important for the business community and realizes thc
good intention of the Commission. However, Mrs. Beer stated she was upset when another
business owner came forward and said "why didn't you do it for mc?" Mrs. Beer stated we do
our very best in this City to help everyone with everything (i.e. non-profit organizations and
neighborhood groups). Mrs. Beer feds subsidizing individual business owners is a whole new
ball game. Mrs. Beer urged the Commission to reconsider their decision regarding this issue.
ll.B.2. Anthony Vocaturo, 2513 Coral Trace Place Delra¥ Beach (Coral Trace),
stated similar concerns were expressed this evening over the Albatross Child Care Center (a 40-
child day care facility) that the Coral Trace development has been addressing the City
Commission with for nearly a year over a 2,500 plus student school being relocated to the area of
Atlantic Avenue and Congress Avenue. Mr. Vocaturo stated he finds it amazing that the request
for the child care center in addition to ordering a traffic survey has been completed for this
project and commented that he has yet to see a traffic survey on the relocation of Atlantic High
School. Mr. Vocaturo asked that a traffic survey be done for the area where the high school will
be relocated to see what kind of impact this will have on the surrounding area and the
intersection at Congress Avenue and Atlantic Avenue. Mr. Vocaturo stated that residents of
Coral Trace have the same concerns (i.e. crime, traffic, congestion, safety to the children) with
the request for the day care center as the request for the relocation of the high school.
ll.B.3. Steve Carlino, owner of AIM Mail Center (255 N.E. 2no Avenue)~ Delra¥
Beach~ suggested that the Commission may want to check into allegations against one of the
people that are starting the CPU concerning allegations of lifestyles, tax reporting, and business
practices. Mr. Carlino asked the Commission to further check and practice due diligence on the
business deal that is being presenting to the Commission regarding the CPU and encouraged
them to thoroughly research the proposal.
ll.B.4. Dennis L. Kucmerowski, 2075 N.W. 18th Streeh Delray Beach (Rainberry
Lake), expressed concerns over the L-30 Canal and stated the canal is being dredged and turned
into a ditch. Mr. Kucmerowski stated the same thing has happened to the west portion of the
canal and now the Lake Worth Drainage District (LWDD) is moving down the canal and
destroying the environment and wildlife. Mr. Kucmerowski stated this canal runs east/west and
goes into Lake Ida and is used by the communities. Mr. Kucmerowski presented before and after
photos to the Commission of the canal. Mr. Kucmerowski stated the LWDD is in the process of
taking the environment and changing it into 8 foot wall blocks. Mr. Kucmerowski asked the
Commission to assist in trying to find an alternative method for saving the environment so that
everyone can enjoy it.
Mayor Schmidt stated he did receive email from Mr. Kucmerowski and asked the
City Manager to have staff follow-up on this and contact the LWDD.
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12/03/02
ll.B.5. Bess Porcelli, 2085 N.W. 18th Street, Delray Beach (Rainberry Lake), stated
she built her home thirteen years ago on this particular lot because of it being on the canal. This
lot was particularly beautiful as it overlooked Hunter's Run Golf Course with its palm trees as
well as the water. Mrs. Porcelli stated she paid extra for the lot because the builder/contractor
noted that it was a "waterfront lot" and it cost more. Mrs. Porcelli stated this canal is flanked on
each side by greenery, grass, and various wild shrubs which serve as a haven for many wild and
colorful birds. Mrs. Porcelli stated it is a joy to watch these birds and take in all this beauty.
Mrs. Porcelli stated if the canal must be dredged she feels it should be done in another manner
without disturbing the banks on each side. Mrs. Porcelli stated that the residents do not want to
look at dirty concrete blocks with weeds growing from them. Mrs. Porcelli stated the LWDD
informed the residents of Rainberry Lake that they would spray the weeds occasionally with
some kind of chemical. Mrs. Porcelli stated the residents object to this because it will not only
kill the weeds but will destroy the entire habitat around it including the fish and the water that
irrigates the adjacent land. Mrs. Porcelli stated if the LWDD proceeds with this project as
planned it will disturb the life of the residents, destroy the environmental, and destroy the
ambience of the land. In addition, Mrs. Porcelli stated the heavy equipment will crack some of
the walls because of the vibration. Mrs. Porcelli stated when the property was purchased they
were informed that the land behind their homes was common ground and that they had to stay at
least 50 feet away from the water and this common ground belonged to Rainberry Lake
development and had to be maintained by the development and part of their maintenance fee
reflected this. Mrs. Porcelli does not want to see the beautiful waterway destroyed by making it
a ditch.
Mayor Schmidt stated the LWDD is a special taxing district and there is a board
that is elected based on the number of acreage. Furthermore, Mayor Schmidt informed Mrs.
Porcelli that as a member of the public who funds the LWDD she has a right to go to their
meetings and express her concerns. The City Manager stated that the LWDD was initially
created by the State legislature and suggested that Mrs. Porcelli contact the State legislators as
well. Mayor Schmidt suggested that the Board of Directors for Rainberry Lake get involved in
proposing some sort of alternative maintenance to them and noted that the City of Delray Beach
will do what they can to assist.
ll.B.6. Gerald M. Lewandowski~ 2125 N.W. 18th Street, Delray Beach (Rainberry.
Lake)~ reiterated comments expressed by the two previous speakers that there is an impact on the
ecology, the aesthetics, and the safety of the community. Mr. Lewandowski stated the LWDD is
changing slopes that are currently 25 degrees and making them 45 degrees and feels this could be
very dangerous. Furthermore, Mr. Lewandowski stated he feels his property will be
considerably less valuable because of the current condition of the canal.
ll.B.7. Caroline Kucmerowski, 2075 N.W. 18th Street~ Delray Beach 01ainberry
Lake)~ stated the residents of Rainberry Lake were never informed of any meetings regarding the
dredging and the only letter the residents did receive from the LWDD was a letter approximately
three weeks ago informing them if they had any trees near the canal to remove them. On
November 25, 2002, the LWDD stated they would have someone behind their house to talk to
them and were told that the work would start December 2, 2002 and there is nothing the residents
can do. Mrs. Kucmerowski stated residents questioned why they were not notified individually
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12/03/02
and were told by LWDD that the notification was published in the newspaper. Mrs.
Kucmerowski asked if there is any legal recourse where the LWDD should have notified the
residents of Rainberry Lake so that they could have attended meetings and would have been
given a chance to speak.
The City Attorney suggested that Mrs. Kucmerowski do a public records request
to the LWDD for copies of all their notices and/or advertisements in addition to requesting all
their rules and regulations governing notices. Mayor Schmidt also suggested that Mrs.
Kucmerowski access the website for the LWDD and also obtain minutes from their meeting.
ll.B.8. Alice Finst, 707 Place Tavant, Delray Beach, expressed concern about the
advertisements on the signs that are being hung on the banner posts on Atlantic Avenue. Mrs.
Finst stated at the time the agreement was discussed regarding the signs the consensus was that
there would be no commercial advertising, no logos and would only indicate seasonal activities
and things of that kind. Mrs. Finst continued to state that she does not want to go back on the
promise that was given when the posts were put up for banners that they remain for banners only.
Mrs. Finst complimented the City Clerk staff for assisting her with requests and
commented that the staff is extraordinary. Mrs. Finst stated she requested some information
from the Code Enforcement division, on a Friday at 5:20 p.m. she received a telephone call from
Norma Smith explaining that she was in meetings all day but wanted to make sure Mrs. Finst
received the information she requested. Mrs. Finst stated she feels the City staff goes above and
beyond to assist the public and she is very appreciative of this.
ll.B.9. John Benneth 137 Seabreeze Avenue~ Delray Beach, speaking on behalf of
Milton Myers Post #65 of the Florida Department of the American Legion, he stated the legion is
not just a place for old soldiers to go and recount the good 'ole times of camaraderie but they
actually mn many youth programs in particular the Boy Scouts. Mr. Bennett stated the City
Manager was heavily involved in the Boy Scouts and was once in the Navy. Mr. Bennett stated
after active duty the City Manager stayed in the Reserves and rose to the rank of Captain. The
American Legion Post #65 recently voted the City Manager an honorary membership in the Post
and explained that he is here to deliver the membership card to the City Manager.
At this point, the Commission moved to Item 9.G., ProposalNillaee
Foundation.
9.G. PROPOSAL/VILLAGE FOUNDATION: Consider approval of a proposal
from the Village Foundation, Inc. for a partnership with the Delray Beach Parks and Recreation
Department for teen programming at Pompey Park in the amount of $23,000.00. Funding is
available from 115-4101-572-49.90 (Special Projects Fund).
Joe Weldon, Director of Parks and Recreation, stated the proposal provides for a
partnership regarding teen programming at Pompey Park with funding in the amount of $23,000.
The program will consist of academic enrichment, cultural activities, sports/recreation activities,
and community involvement activities. Mr. Weldon explained that $23,000 will be used to fund
three activity leaders at 20 hours a week for 28 weeks and to buy some program supplies.
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12/03/02
The City Manager stated with regard to Objectives #2 & #3 and he has discussed
this with Mr. Ridley and his staff. The City Manager stated those objectives are also in other
grant applications for funding that they have received from other sources and an increase of three
percentage points in the scores is a challenging objective based on experience of other similar
groups around the country.
Mr. Peflman stated this is a very exciting and comprehensive proposal. Mr.
Peflman feels it is very innovative that the City is doing these kinds of things and commended
Mr. Weldon for his efforts.
The City Manager stated one of the things the Commission has expressed has
been the need for more teen activities. The City Manager stated the teen center is being started
and this is another effort to create activities for teenagers.
Mrs. Archer stated this is excellent that there are more programs being created for
teens and she applauds this program.
Ms. McCarthy stated she believes that there was previous discussion about
bringing additional programs to Pompey Park and she thinks this is a very constructive move.
Ms. McCarthy stated she is very pleased to see this happening and extended a special thanks to
everyone involved.
Ms. McCarthy moved to approve the proposal with the Village Foundation to add
a 28-week After School Program for teens at Pompey Park, seconded by Mr. Perlman. Upon roll
call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.H. RESOLUTION NO. 94-02: Consider approval of Resolution No. 94-02
authorizing the acquisition of property by eminent domain for parking purposes.
The caption of Resolution No. 94-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE ACQUISITION OF FEE SIMPLE
TITLE TO CERTAIN REAL PROPERTY HEREAFTER
DESCRIBED FOR THE PUBLIC PURPOSE OF CLEARING
TITLE TO THE SUBJECT PROPERTY, FOR PROVIDING
PUBLIC PARKING IN DOWNTOWN DELRAY BEACH
AND FOR STIMULATING ECONOMIC DEVELOPMENT IN
THE DOWNTOWN AREA OF THE CITY OF DELRAY
BEACH; DECLARING THAT THE ACQUISITION OF THE
PROPERTY IS NECESSARY FOR SAID PUBLIC PURPOSE;
AUTHORIZING THE HIRING OF LEGAL COUNSEL,
APPRAISERS, AND EXPERTS IN OTHER DISCIPLINES
AND THE FILING OF EMINENT DOMAIN PROCEEDINGS
PURSUANT TO CHAPTERS 73 AND 74, FLORIDA
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12/03/02
STATUTES; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
(The official copy of Resolution No. 94-02 is on file in the City Clerk's office.)
The City Attorney stated Resolution No. 94-02 is a resolution seeking
authorization to commence eminent domain. Furthermore, the City Attorney stated that the City
has an Interlocal Agreement with the CRA to transfer to them certain lands that will be
transferred eventually to Worthing Place. It has been found that there is a reverter in two deeds
for the North 16 feet of Lot 7 & Lot 13. The City Attorney continued to state that the reverter
has been sold and she does not feel this is appropriate because the City has rights to the property.
The City Attorney stated and the quickest way to resolve this is by eminent domain procedures
so that the City can obtain the land which will assist the City in meetings its responsibilities
under the contract with the CRA.
At this point, the City Attomey stated a letter of objection from Dharma (a copy is
attached hereto and made an official part of the minutes) has been provided to the Commission
and stated Mr. Romano is here this evening and he has been informed that this is not a public
heating item.
Mayor Schmidt stated he gave a copy of Mr. Romano's letter to the City Clerk to
enter into the record and asked if the Commission wishes to take any comment from Mr.
Romano. It was the consensus of the Commission to not take any comment from Mr. Romano.
John Romano, Independent General Counsel on behalf of Dharma Properties,
stated for the record he appeared before the Commission this evening and stated he sent two
letters that set forth the objections so that would serve as notice of the objections. Mayor
Schmidt so noted.
Mr. Levinson moved to approve Resolution No. 94-02, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
9oio
CLARIFICATION/APPEAL OF HISTORIC PRESERVATION
BOARD/TREE HOUSE: Consider a request from the City Attorney for the purpose of
clarification regarding the motion made on November 19, 2002.
The City Attorney stated the City Commission did not have three affirmative
votes to approve the appeal regarding the tree house as required by the Charter and thus the
appeal was not approved. However, the vote was phrased in the negative i.e. to deny the tree
house, which received a 2 to 2 vote. In order to clarify the record, the City Attorney suggested
that the Commission vote to rescind the previous motion and make a new motion in the positive.
Furthermore, the City Attorney stated since Mrs. Archer was not present at the last meeting to
hear all the testimony presented, it would be inappropriate for her to vote on this matter.
At this point, Mrs. Archer stepped down with direction from the City Attorney.
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12/03/02
Mr. Perlman moved to approve to rescind the previous motion made on
November 19, 2002, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes.
Said motion passed with a 4 to 0 vote.
Mayor Schmidt stated he received correspondence from the applicant today and
read the following conditions into the record as listed by the applicant:
1..:. Perimeter Landscaping on U.S. Highway A1A ("A1A")
A landscaping barrier for the purpose of screening the tree house shall be maintained on
the property line abutting A1A, which landscaping shall be maintained at a height of at least 14
feet above grade (current average height of existing vegetation that services to screen the tree
house). Failure to correct barrier height within 30 days of written notice from the City and the
tree house would have to be removed.
2_. Reconstruction
If the tree house is damaged or destroyed by an Act of God the tree house would have to
be removed.
3_. Permittiw,
The tree house shall be required to obtain all necessary building permits within 2 months
of approval. The applicant shall pay triple fees for building permits pursuant to the provisions of
Section 2.4.6(A)(3) of the Land Development Regulations.
4_. Time Limit
The tree house shall be removed from the existing location within five (5) years of the
date of the rendition of this order.
Ms. McCarthy moved to approve the appeal subject to the applicant's conditions,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - No; Mr. Levinson - No. Said motion failed due to a
2 to 2 tie vote, upholding HPB's decision.
9.J. APPOINTMENTS TO THE PEDESTRIAN-BICYCLE TASK TEAM:
Appoint seven (7) members to the Pedestrian-Bicycle Task Team. According to Resolution No.
88-02, each member of the City Commission will appoint members to the Pedestrian-Bicycle
Task Team with the task team membership electing a Chairperson. Based on the rotation
system, the appointments will be made by Commissioner Perlman (Seat #1), Commissioner
Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and
Mayor Schmidt (Seat #5).
For clarification, Mayor Schmidt stated the draft of the resolution stated that the
Mayor was to appoint the Chair. However, the resolution that was actually approved said that
the Task Force would select the Chair from among its members.
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12/03/02
Mr. Perlman moved to appoint Eileen Marks as a member to the Pedestrian-
Bicycle Task Team, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Archer moved to appoint Albert Richwagen as a member to the Pedestrian-
Bicycle Task Team, seconded by Mr. Perlman. Upon roll call the Commission voted as follows:
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to appoint Rich Connell as a member to the Pedestrian-
Bicycle Task Team, seconded by Mr. Perlman. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint James Smith as a member to the Pedestrian-
Bicycle Task Team, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
Mayor Schmidt moved to appoint Bob Griek as a member to the Pedestrian-
Bicycle Task Team, seconded by Mr. Perlman. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
Mr. Perlman moved to appoint Stefanie Gapinski as a member to the Pedestrian-
Bicycle Task Team, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Archer moved to appoint Leslie Horenburger as a member to the Pedestrian-
Bicycle Task Team, seconded by Mr. Perlman. Upon roll call the Commission voted as follows:
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
12__:
FIRST READINGS:
12.A. ORDINANCE NO. 53-02: An ordinance modifying Ordinance No. 4-99 by
amending Subsection 4.6.9(E), "Location of Parking Spaces" of the Land Development
Regulations to extend the In-Lieu of Parking Fee regulations. If passed, a public hearing will be
scheduled for January 7, 2003.
The caption of Ordinance No. 53-02 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9,
"OFF-STREET PARKING REGULATIONS", SUBSECTION
4.6.9(E), "LOCATION OF PARKING SPACES", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING
REGULATIONS; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 53-02 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance.
The City Attorney noted a correction to Section 5 of the ordinance and stated the
word "also" should be inserted so that it reads as follows: "That this ordinance shall also apply
to all in-lieu parking fee agreements previously entered into..."
Brian Shutt, Assistant City Attorney, stated this ordinance replaces a previously
adopted ordinance by the City Commission that contained a sunset provision. Mr. Shutt stated
that this ordinance does not change anything else and emphasized the only thing staff has done is
remove the sunset provision from the previously adopted ordinance.
Mr. Perlman stated several months ago he suggested that we take another look at
the in-lieu fees and feels these things should be looked at periodically. Mr. Perlman stated he
would like to see this reviewed by the DDA, Parking Management, Planning and Zoning, and the
CRA to have a range of opinions on whether the fees or the financing are still working the way
the Commission would like it to.
The City Manager stated this kind of review is certainly appropriate at this stage.
However, because of the sunset date and the ongoing things happening the ordinance needs to be
in place. The City Manager recommended that the Commission adopt this as is and at the same
time direct that it be reviewed by these various bodies to recommend appropriate changes.
Mrs. Archer stated she supports this recommendation and feels it is time for an
overall review.
Mr. Perlman stated that not only would he like to see the collection of funds but
would also like to see a traffic analysis completed to see the impact of the traffic patterns as well.
Mr. Perlman continued to state that he would also like to see what this is doing in terms of
development and commented that the most expensive fees are the ones that cannot be financed.
Mrs. Archer moved to approve Ordinance No. 53-02 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said
motion passed with a 5 to 0 vote.
12.B.
ORDINANCE NO. 54-02: An ordinance revising Ordinance No. 51-02 to clarify
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12/03/02
that Lot 3 of Block 2 and Lot 3 of Block 3 of the Silver Terrace Subdivision are included in
Ordinance No. 51-02. If passed, a public hearing will be scheduled for January 7, 2003.
The caption of Ordinance No. 54-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 51-02 BY AMENDING SECTION 1 CLARIFYING THAT
THE LOTS REFERRED TO IN PARAGRAPH 5(a) INCLUDE
LOT 3; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 54-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
The City Attorney explained that this ordinance is for clarification purposes only.
Mr. Levinson moved to approve Ordinance No. 54-02 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 55-02: An ordinance amending Chapter 111, "Advertising"
of the City Code of Ordinances by enacting a new Section 111.18, "Distributing Commercial and
Non-Commercial Handbills in Public Places". If passed, a public hearing will be scheduled for
January 7, 2003.
The caption of Ordinance No. 55-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI,
"BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY
AMENDING CHAPTER 111, "ADVERTISING", BY
REPEALING SECTION 111.18, "DISTRIBUTING
COMMERCIAL AND NON-COMMERCIAL HANDBILLS IN
PUBLIC PLACES" IN ITS ENTIRETY IN ORDER TO
PROVIDE AN UPDATED ORDINANCE REGARDING SAME
BY ENACTING A NEW SECTION 111.18, "DISTRIBUTING
COMMERCIAL AND NON-COMMERCIAL HANDBILLS IN
PUBLIC PLACES"; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 55-02 is on file in the City Clerk's office.)
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12/03/02
The City Attorney read the caption of the ordinance.
The City Attorney stated staff is reviewing the Code and working on updating
some of the codes that deal with commercial and non-commercial speech because of recent
Supreme Court rulings.
Ms. McCarthy asked if this ordinance applies to people who would have a
"Missing Child" notice or a "Missing Pet" notice and what procedure could they take if this does
apply to them. In response, the City Attorney stated that was never permitted.
Mr. Levinson commented about handbills on cars and stated this has become a
problem in some of the parking lots because the handbills end up on the ground. Mr. Levinson
continued to state that there is a separate section of the code that deals with placing things on
automobiles which is prohibited. Ms. McCarthy asked how the public will be informed about
this. The City Manager stated the public would be informed by either another employee that is
aware of it or if a Police officer sees someone violating this they would inform that person they
cannot do it.
Mr. Levinson moved to approve Ordinance No. 55-02 on FIRST Reading,
seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy -
No; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 1 vote.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manaeer.
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney.
The City Attorney announced that the City closed on the Atlantic High School
property on Monday.
13.C.
City Commission.
13.C.1.
Commissioner Levinson
Mr. Levinson stated he has noticed that a lot of signs are being made from
plywood for events at the entryways and commented that there must be a cost to this. Mr.
Levinson continued to state that at one time the City looked into an electronic sign board at the
entryways and stated he is curious whether the City could up the fee (in many cases these are
private events) i.e. to place the sign there and then use that to offset the cost of buying an electric
sign. Mr. Levinson stated he feels people would prefer an electric sign whether it is a boxing
event or tennis tournament or something else. Mr. Levinson suggested that staff look into having
an electric sign board and then use these fees that people are being charged for signage or if we
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12/03/02
are not charging people then start charging them for a sign shop to be making them and use that
to offset the cost.
Mrs. Archer stated she would be opposed to this because she feels it is much more
quaint and village-like to have these nice little signs.
Mr. Levinson stated he has a problem making the DDA Meeting at lunch
(Wednesday, December 18, 2002 at noon) because he now has another meeting that day. Mr.
Levinson stated he is the DDA representative and commented that he would be more than happy
to trade off with an evening event. Mayor Schmidt stated he can attend the DDA Meetings for
the next few months and then at the re-organizational meeting the Commission can decide who
can take over from there.
Mr. Levinson stated as everyone knows the City has sent a letter to the Coral
Trace Homeowners' Association with a number of offers and inquired if the City has heard back
from them. In response, the City Attorney stated that the City has heard back from the Coral
Trace Homeowners' Association and was really a request for further information to see if it had
the support of the School Board staff and also requesting the latest site plan.
Mr. Levinson stated last year Commissioner Perlman suggested that the
Commission have a Holiday Party for the City staff and asked if the Commission would like to
do again this year. It was the consensus of the Commission to have a Holiday Employee
Reception for all City staff on Tuesday, December 10, 2002 from 3:30 p.m. until 6:00 p.m. at the
Community Center. Mr. Perlman suggested that a City-wide email be sent to all employees as
was done last year.
13.C.2.
Commissioner McCarthy
Ms. McCarthy stated she has already wished everyone a Happy Ramadan and
now would like to wish everyone a Happy Chanukah, a Merry Christmas, and Happy Kwanzaa.
13.C.3.
Mayor Schmidt
Mayor Schmidt stated his secretary's brother lives in Boston and noted an article
was published in the Boston Globe Travel section on Delray Beach. Mayor Schmidt stated he
has the on-line version of the article and stated the Chamber of Commerce made copies for the
City Commission.
Mayor Schmidt commented about his letter to TransMedia Group in response to
their invitation to come to the opening of Seville (formerly Shootersville) tomorrow night.
Mayor Schmidt stated he received a response in writing from the owners that states they are not
going to do anymore hip-hop nights.
Mayor Schmidt stated Mr. Levinson asked a question about the sober houses and
the Drug Task Force taking the lead on this issue. Mayor Schmidt asked Mrs. Archer to be
prepared next week to give a report to the Commission regarding the sober houses.
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12/03/02
13.C.4.
Commissioner Perlman
Mr. Perlman asked whether or not the boxing event was cancelled. In response,
the City Manager stated the boxing event was cancelled because they did not get a sponsor.
With regard to comments expressed a few meetings ago by Steve Carlino, Mr.
Perlman stated he had made comments about the fact that he is puzzled by what happened with
Pineapple Grove and asked if the City has received a response from their Board. Mr. Perlman
stated he has second thoughts about the whole situation and feels he should have been more
vocal about what the Commission will do in year two and three, etc. Mr. Perlman stated he
would like more information on Pineapple Grove.
The City Attomey stated this is being worked on with the CRA and the City with
regard to the contribution.
13.C.5.
Commissioner Archer
Mrs. Archer stated she is very sorry that she missed the Tree Lighting Ceremony
and commented this is the first year she has missed the event and the reason being she was ill. In
addition, Mrs. Archer stated she is very excited to see Delray doing some very nice things.
at 8:30 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on December 3,
2002, which Minutes were formally approved and adopted by the City Commission on
City Clerk
-29-
12/03/02
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.
-30-
12/03/02
DEC-D3-OZ 15:45 FROM-ROklANO ERIKSEN CRONIN
1-561-533-1285
?ROMANO
£R. IKS£N
CRONIN
',, MULLINS
£dward C~mpbcll
Ja~;1 S. Crun(n /vt L~
M~chacl D. Fr, k,=n
Eric P. om=nu
5tanltx £ Prc~cr ¢,f Coun,tl
P OZ/OE
F-Z58
December 2,, 2002
VIA FAX - 561/278-4755
and F3tND DELIVERY
The Honorable David Schmidt
Mayor, Cicy of Delray Beach
200 Norchwes: Fzrst Avenue
Delray Beach, Florida 334%4
Dear Mayor Schmidu:
I represent Dharma Properu:es.
'Dharma Properties objects to and opposes Resolution 94-02. Our
objecsions include the .followin~ grounds: lack of adequate,
timely, and suff~cienz no~ce; unfairness; an attempted taking of
property and proper~y r~ghcs unnecessarily and unreasonably from
one citizen =o fulfill and enhance the goals and desires of
another private developer; lack of due process; illegallty; va~ue-
ness and ambiguity of ~he Resolution itself and its supporting
documentation; constitutionally violative of Dharma's righus as a
citizen and property owner; attempt to leverage City's position
and Block 77 Developmen~ GrouD's position in and due to pending
li~i~auion be=ween and among Dharma and the City of Delray Beach
and the Block ~7 Development Group; lnadequaue and insufficient
legal and equi~ab!e suppor~ for :he Resolution; and denial of
equal protecu~on of :he laws.
Please consider this letter objecting co and opposing the Resolu-
tion along with my previous letter ~0 you daced November 19, 2002
(a copy of which is attached ~o and made a part of ~his
Our objection is ~o the ~esolution. Our objection ~s to =he
procedure allowing for the Resolution to become an icem on the
OFFICE ~DDRE.~. ILKH J..qkc A~cnue. L~c ~rth FL :13-t6u.3709 b' ~AILII~C AODRI~ic. PO II,ox 213-~9. ~/c~t [~alm Beach. FL .'4a,'~16-1349
12/03/02 TUE 15:45 [TI/RX NO 5730]
DEC-03-02 15:45 FROI~ROI~IAHO ERIKSEH CRONIN 1-561-53~-1285 T-336 P 03/05 F-ZS8
The Honorable David $chmidt
Mayor, City of Delray Beach
Page Two
December 3, Z002
agenda. Our objection includes allowing the matter Co move
forward on the agenda this evening. We specifically reques: eke
mat:er be removed from the agenda.
Sincerely,
JOF/~ F. ROMANO
JFR:bl
Enclosure
cc: Susan A. RuJoy, Ci=y Attorney
David T. Harden, City Manager
(Via Fax - 561/278-4755
and Hand Delivery)
(Via Fa~x - 561/278-4755
and Hand Delivery)
12/03/02 TUE 15:45 [TX/RX NO 5730]
DECEMBER 10~ 2002
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at
6:00 p.m., Tuesday, December 10, 2002.
1_. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent
Barbara Garito, City Clerk
Also present were -
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Loretta McGhee, Deputy City Clerk
Chevelle Nubin, Executive Assistant
VaDor.
The opening prayer was delivered by Rabbi Sam Silver, Congregation L'Dor
The Pledge of Allegiance to the flag of the United States of America was given.
0
AGENDA APPROVAL.
Mayor Schmidt stated that staff has revised agreements for Item 8.1., Ratification
of Amendment, Item 9.C., Tripartite Agreement and Item 9.E., Fundin~
Agreement/Business Recruitment. Also, Mayor Schmidt noted the addition of Item 9.It.,
Resolution No. 97-02, to the Regular Agenda by addendum.
For the benefit of the public, the City Attorney stated there will be a
postponement of Item 10.A. Boys and Girls Club Lease Agreement to a date certain of
January 7, 2002 because this has already been advertised as a public hearing.
Ms. McCarthy moved to approve the Agenda as amended, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to
0 vote.
APPROVAL OF MINUTES:
None.
6_. PROCLAMATIONS:
None.
PRESENTATIONS:
7oAo
Fire-Rescue Dive Team Recoenitions
Kerry Koen, Fire Chief, stated it is his privilege to introduce a group of fine
personnel with Fire Rescue who represented the City recently at a renowned competition in
Orlando.
Michael Wise, Lieutenant/Fire Rescue, gave a brief summary of some of the
competition events as well as the outcomes. Mr. Wise presented trophies to the members of the
Dive Team who recently competed in the 16th Annual Public Safety Diver's National
Conference. The event was sponsored by the Orange County Sheriff's Department and was held
on Lake Convey in Orlando from October 7-11, 2002. The total team metal tally was ten 1st
place medals, five 2nd place medals and seven 3rd place medals. Mr. Wise stated that former
paramedic Peter Firehock founded the Delray Beach Firehock Dive Team and accepted the
challenge by the Delray Beach Police Department in 1997 to compete for the first time in this
event. Mr. Wise stated that this was the first year that Peter Firehock was not present to compete
due to his death. In memory of Peter the Delray Beach Fire Department asked Orange County to
allow the Fire-Rescue Dive Team to present an award in Peter's honor. Mr. Wise stated at the
awards ceremony, the Orange County Sheriff's Department and all the teams participating
presented Mr. Wise and Lieutenant Tony O'Hare with the Peter L. Firehock Memorial Award.
On behalf of the City Commission, Mayor Schmidt stated they appreciate all the
hard work and more importantly the residents do. Therefore, in the event they are ever in a
situation where the dive team needs to assist, the residents know they have the best at hand.
CONSENT AGENDA: City Manager Recommends Approval.
FINAL SUBDIVISION PLAT APPROVAL/PINEAPPLE GROVE
VILLAGE: Approve the subdivision plat for Pineapple Grove Village, located on the east and
west side ofN.E. 3rd Avenue, between N.E. 2nd Street and N.E. 3rd Street.
goB.
DELRAY LAKES HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and Delray Lakes
Homeowners' Association allowing the Delray Beach Police Department to enforce local and
state traffic laws on its property.
8oCo
SERVICE AREA BOUNDARY AGREEMENT/PALM BEACH COUNTY:
Approve an agreement between the City and Palm Beach County establishing the utility service
area boundary for potable water, reclaimed water, and wastewater utility service.
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12-10-02
8.D. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/
SAN SEBASTIAN: Authorize the City to act as the utility permit applicant for the
installation/construction of a water main extension within the state right-of-way at the southeast
comer of N.E. 1st Street and northbound Federal Highway and approve a Hold Harmless
Agreement with the developer (Centex Homes, Inc.).
8.g.
DESIGNATION OF AUTHORITY/HOLD HARMLESS AGREEMENTS:
Approve a request to allow the City Manager to approve, enter into, and execute standard hold
harmless agreements on behalf of the City for work to be performed within the public right-of-
way.
8.F. SPECIAL EVENT REQUESTfFOTOFUSION 2003: Approve a special event
request by Palm Beach Photographic Center for Fotofusion 2003 to be held January 21 through
January 25, 2003; including a waiver of rental fees for use of City facilities, waiving costs
associated with constructing/installing event signs and banners (approximate cost $250.00), and
staff assistance with constructing/installing signs and banners.
8.G. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on thc Avenue scheduled for January 23, 2003 from 6:00 p.m. to
10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for thc closure of Atlantic
Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th
Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st
Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for
security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal
and clean up, and use/set-up of City stages.
8oHo
MEMORANDUM OF AGREEMENT FOR PARTICIPATING AGENCIES:
Approve an agreement between the City of Delray Beach and the City of Miami for the
reimbursement of salaries of firefighters of participating agencies in the Urban Search and
Rescue Response Task Force from the Federal Emergency Management Agency (FEMA).
8.I. RATIFICATION OF AMENDMENT: Accept and ratify the extension to the
Contract for Sale and Purchase between the Block 77 Development Group, L.L.C. and the
Community Redevelopment Agency (CRA).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 2, 2002 through December 6, 2002.
AWARD OF BIDS AND CONTRACTS:
Purchase award to Eimco Process Equipment Company in the amount of
$60,000.00 for labor and equipment for the rehabilitation of the
mechanical components of Clarifier No. 3 at the Water Treatment Plant.
Funding is available from 442-5178-536-64.90 (Other
Machinery/Equipment).
-3-
12-10-02
Mrs. Archer moved to approve the Consent Agenda, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer- Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
9~
REGULAR AGENDA:
9.A. APPEAL OF PLANNING AND ZONING BOARD DECISION/SABAL
LAKES: Consider an appeal of a decision of the Planning and Zoning Board's action regarding
the Master Development Plan Modification associated with the Sabal Lakes Phase IV
Development. (Quasi-Judicial Hearing)
Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex
parte contacts were disclosed with the exception that Mayor Schmidt stated he had a couple of
emails he has forwarded to the City Clerk.
Mayor Schmidt stated he has discussed this with the City Attorney and the appeal
has been filed by Sabal Lakes III Homeowners' Association and if the Commission is going to
allow the appeal to go forward as filed by them, the Commission needs to decide whether or not
to give them party status and if they choose to do so Mayor Schmidt stated his recommendation
(the City Attorney concurs) would be that we give them party status for this evening but reserve
that fight to object to that should there be any future litigation. In conjunction with that, Mayor
Schmidt stated if party status is granted they would have up to 20 minutes to give a presentation
(the Board of Directors on behalf of the unit owners of Sabal Lakes III Homeowners'
Association). Mayor Schmidt stated if this is the case he recommends that we not allow any
public comment by any Homeowners' that live in Sabal Lakes III because the Board is making a
presentation on their behalf. If there are homeowners' from Sabal Lakes I or II that would like to
speak then they may speak for three minutes.
Mayor Schmidt read a summary of the procedure of how a quasi-judicial hearing
is conducted.
Chevelle Nubin, Notary representing the City Clerk's office, swore in those
individuals who wished to give testimony on this item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2002-399 and #93-145 into the record.
The project involves construction of a 90-unit zero lot line development known as
Phase IV of the Sabal Lakes subdivision. The modification involves conversion of the approved
114 multiple family residential units to 90 zero lot line units, addition of a 4.74 acre out parcel,
reconfiguration of the existing loop road and requests for internal adjustments to front and side
interior setbacks as well as a waiver to right-of-way widths where the proposed streets dead-end.
As part of the approval, Mr. Dorling stated there were three internal adjustments that were
granted. One involved the reduction in required front yard setback from 20 feet to 15 feet to
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12-10-02
accommodate Model 319 on Lots 55-62, 65-69, and 71-86. Mr. Dorling stated there was also a
reduction in the required side setback from 15 feet to 10 feet for all units and a reduction in the
required right-of-way width from 60 feet to 40 feet on the terminus of the private roadways. The
development proposal will also include a modification of the narrative for the overall PRD
(Planned Residential Development) for Sabal Lakes.
At its meeting of November 18, 2002, the Planning and Zoning Board approved
the Master Development Plan modification and the internal adjustments for Phase IV of the
Sabal Lakes subdivision. There was extensive public testimony in opposition to the request, the
majority from Sabal Lakes Phase III. The Board felt it was appropriate to provide the second
connection to Barwick Road as previously approved with the master plan in 1989 and to
eliminate the portion of Sabal Lakes Road between the proposed roadway and Banyan Creek
Elementary school due to traffic concerns/congestion associated with the school. The Board felt
the proper findings relating to the associated internal adjustments, waiver and Master
Development Plan modification could be made. After reviewing the staff report and discussing
the proposal, the Board voted 5-0 (Sowards absent and Krall abstaining) to approve with
conditions the Master Development Plan modification based upon positive findings with respect
to Sections 3.1.1 (Required Findings), 2.4.5(F)(5)(Master Plan Findings), 3.2.3 (Standards for
Site Plan Actions) and 4.4.7(H)(2) (Master Site Plan Findings) of the Land Development
Regulations, and with Objective A-1 of the Comprehensive Plan.
At its meeting of November 26, 2002, the Planning and Zoning Board's action
was appealed by the Sabal Lakes Phase III Board of Directors. Mr. Dorling stated that there was
some confusion as to what the residents were actually opposed to and commented that this was
the only confusion factor involved in their decision. Mr. Dorling reiterated that staff feels it is
imperative there is an alternative access as planned in the original Master Development Plan
because with one access point if an accident occurs in front of the school there is no way to get
out of the neighborhood.
Bonnie Miskel, 222 Lakeview Avenue~ (Attorney representing the
Developer), stated she does not wish to cross-examine City staff.
Robert Burr, 4040 Sea Grape Circle, Delray Beach, (Homeowner and
Association Attorney), asked Mr. Dorling what would be created by not closing off that portion
of Sabal Lakes Road. In response, Mr. Dorling stated with the provision of the alternative access
the need for that road section no longer exists and the desire would be to remove thc traffic
conflict of additional traffic at the connection where it mixes with the school traffic.
Bonnie Miskel~ Attorney representine the Developer, stated in order for the
appeal to bc granted the Commission must determine that the record does not have adequate
findings and noted that the City's record is complete with more information supporting the
finding than even needed. Furthermore, Ms. Miskel stated it appears from a letter of appeal that
there are a couple of concerns, in particular staff's concern with regard to the elimination of the
portion of the loop that connects back and ends up conflicting with the existing school site
opening.
-5-
12-10-02
Ms. Miskel called the following two witnesses to provide some testimony as to
additional evidence:
Mike Covelli, Caulfield & Wheeler~ Inc, stated with regard to the issue of
traffic there was discussion with regard to the secondary access to Barwick Road. Mr. Covelli
stated since thc last meeting they have had meetings with the Palm Beach County Transportation
personnel. Mr. Covelli stated staff has a copy of a letter that was issued and stated thc first step
with them is to request a conceptional approval for the access opening and they concurred with
the location that Caulfield & Wheeler is showing and have issued a letter as such. Mr. Covelli
stated they requested that this be a condition of any development. Furthermore, Mr. Covelli
stated they show continued compliance with the different elements that arc within this.
Kahart Pinder, Pinder Troutman Consulting~ 2324 S. Congress Avenue~
Suite #l-H, West Palm Beach, FL 33406~ stated they were asked to look at thc potential
impacts of the proposal as it relates to Banyan Creek Elementary School. Mr. Pinder stated there
are two elements that need to be addressed when it relates to the school. Mr. Pinder stated one is
relocation of what has been referred to as the "loop road" which now provides a four-way
intersection in front of the school which is their main entrance and exit to their parking and their
student drop-off for parents. The other is the proposal to relocate that road with a direct
connection to Barwick Road and the elimination of that driveway making it a "T' intersection
for the school parking lot. The other element of thc plan is a proposed pedestrian connection.
Mr. Pindcr stated he has a letter that has been submitted into thc record as evidence which talks
about the proposal and includes a pathway to thc school allowing students of the west end of thc
development to continue to walk to school and noted that in the letter it states "based on this
information the School District's Planning Division has no objection to the proposed roadway
change. Thc change may provide opportunities for traffic flow improvements without negatively
impacting the school."
Ms. Miskel stated in closing with the additional information as well as the record
submitted by staff she believes that they have met the findings requirement and urged the
Commission to not grant this appeal and support the decision of the Planning and Zoning Board.
The following residents fi.om Sabal Lakes Phase III came forward to address the
Commission:
Karen Newman, 3905 Sea Grape Circle, Delray Beach (Vice President for
Sabal Lakes II Board of Directors), read two letters of objection into the record and stated the
residents of Sabal Lakes III are strongly opposed to the decision to allow the many reductions in
the Sabal Lakes Phase IV plan. Mrs. Newman stated in addition to the reductions thc primary
objection is the closure and abandonment of the north/south section of Sabal Lakes Road. Mrs.
Newman feels there was some misinformation at the Planning and Zoning Board Meeting and
the maps were incomplete. Mrs. Newman stated with regard to the developer's projected site
plan the existing loop as presented this evening was not shown at the Planning and Zoning Board
Meeting. Mrs. Newman expressed concern with there being no mention in the Master Plan for
Sabal Lakes for the road to be a temporary road. Furthermore, Mrs. Newman expressed concern
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12-10-02
for the safety of many children in the area and noted there are several other detrimental decisions
that negatively impact the safety and property values of their community.
Michele Briganti, 4192 Sabal Lakes Road, Delray Beach, expressed concern
over the crosswalk and stated when the residents were presented with the original site plan at the
last meeting it showed only one speed hump and noted that the site plan is now showing two
speed humps (one by the recreation area). Ms. Briganti stated the second speed hump which
goes around the bend on the new road is a blind spot and commented that her driveway is about
twenty feet from there. Ms. Briganti expressed concern for the safety of the children and feels
that a crosswalk on a speed hump is very dangerous and the residents will not be able to back out
of their driveways. Furthermore, Ms. Briganti stated the new crosswalk will be a hardship for
the parents who drop off their children (if coming from the outside of the development) and will
not wait in line by Sabal Lakes Road to turn but will cut-in the new area and go around the loop
to save a little time. Ms. Briganti stated she feels this will generate more traffic not less.
Robert Burr~ 4040 Sea Grape Circle, Delray Beach, stated by closing the
existing portion of Sabal Lakes Road he feels it will create a horrendous situation in the morning
for people exiting Sabal Lakes Phase III and urged the Commission to vote down closing off the
existing road.
Walter Earle¥~ 3980 Ma,iestic Palm Way, Delray Beach, (President of the
Sabal Lakes Phase III Homeowners' Association), stated many people who live in Sabal
Lakes Phase I, II, and III drive their children to and fi'om school in the morning and the afternoon
and explained that someone doing this must come out onto Barwick Road to come back and one
would have to turn into where the new proposal is for Sabal Lakes Phase IV. Then you would
have to come through Sabal Lakes Phase IV to come back into Sabal Lakes Phase III, II, and I.
Mr. Earley stated the same thing would apply in the afternoon. Furthermore, Mr. Earley stated
there will be a backup of traffic all the way back to the school for people coming down south and
from people who want to go back into the area. Mr. Earley stated if the road remained the same
people could turn left and go back into Sabal Lakes Phase IH, II, and I. Mr. Earley stated there
would be major traffic problems on Barwick Road in the morning and afternoon by closing Sabal
Lakes Road will create major traffic problems in the moming and afternoon on Barwick Road.
Tim Ochipa, 4045 Sea Grape Circle, Delray Beach, stated the area that is
proposed for the building of Sabal Lakes Phase IV is a scrub-type area and noted it has come to
his attention that there is special permitting that is needed to remove the tortoise. Mr. Ochipa
stated there is at least one tortoise in the area possibly two and asked if this has been addressed.
In addition, Mr. Ochipa stated there are also foxes that live in the area and asked if this has been
a consideration.
Jackie Bronkie, resident of Sabal Lakes Phase III, Delra¥ Beach, expressed
concern that nothing in thc plans or the area she moved into denoted that there was going to be a
road change. Ms. Bronkie stated there is only one roadway and all the residents come around a
big circle to come back out. Therefore, she feels that the majority of thc people will short-cut
through the neighborhood rather than go all the way around. Ms. Bronkie stated that if the road
is closed it will have a drastic impact on the community and urged thc Commission to readdress
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12-10-02
this issue.
Karen Newman, 3905 Sea Grape Circle, Delra¥ Beach~ stated there was some
confusion at the Planning and Zoning Board Meeting and feels the residents of Sabal Lakes
Phase III were not listened to fairly. After brief discussion, Mrs. Newman stated residents will
have to leave their neighborhood to go within their neighborhood and urged the Commission to
support the appeal.
At this point, Mayor Schmidt announced that if anyone other than those residents
who live in Sabal Lakes Phase III would like to address the Commission regarding this issue, to
come forward at this time and limit their comments to three minutes.
Jean Lellry, s~ 4142 Satin Leaf Court (Sabal Lakes Phase I)~ Delray Beaeh~
stated the school bus loop is now used for parent pickup and the edge of the property is where
the crosswalk would be. The other parking area is the school bus pickup which was changed
several years ago and the bicycle racks removed to be away from the bus drop-off. Mrs. Legrys
suggested that the City recommend that the pathway be moved across the street and that the lots
be moved down. In addition, Mrs. Legrys stated she would also like to see the City remove one
house and smooth the road down. Mrs. Legrys stated that most of the residents from Sabal
Lakes Phase II and Phase III that come out of the existing road speed and do not stop at the stop
sign. With regard to the traffic on Sabal Lakes Road, Mrs. Legrys stated most of the people
travel in excess of the 25-mile speed limit. Mrs. Legrys suggested that a Phase II environmental
study be done for the conservation. Furthermore, Mrs. Legrys stated she is opposed to the appeal
and reiterated that the road be moved further south (the access) in an effort to avoid the
congestion during the two periods of traffic hours.
Jillian Woehlkens~ Eliopoulos Architecture and a member of the Plannin~
and Zoning Board~ stated she did visit the site, however, noted that she was unable to go on a
day where there was a high traffic volume. Ms. Woehlkens stated she did see the current phases
as they are now. With regard to the people who have spoken this evening, Ms. Woehlkens feels
some inaccurate information has been given. Ms. Woehlkens stated the Planning and Zoning
Board was made fully aware of their concern of the access going out to Barwick Road and
interfering with their current situation.
Mr. Dorling stated through the review process staff did require an environmental
study of the site and there were some areas of vegetation etc. that were identified as an area that
was worth saving. Furthermore, Mr. Doffing stated the applicant did modify his site plan and it
is his understanding that no foxes were found and although they did find holes no actual turtles
were found.
Bonnie Miskel~ representing the applicant, stated essentially the Commission
has received opinions from the neighbors and they have provided no expert testimony to
substantiate their claim that this appeal should be granted. Ms. Miskel stated expert testimony
has been provided to the Commission and stated this project is supported not only by City staff,
developers and their professional consultants, but now they have testimony from Palm Beach
County Traffic Engineering that supports and promotes this modification. Ms. Miskel stated as
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12-10-02
comprised in the letter from Palm Beach County Traffic Engineering "this is better traffic flow
from a safety, health, and welfare condition." In addition, Ms. Miskel stated her client and Mr.
Pinder have met with the School Board staff and in their expert opinions this is a better traffic
flow as far as the safety of the children. Furthermore, Ms. Miskel stated the Principal of the
school also concurs with the modification. Ms. Miskel stated she believes there is no testimony
to support a denial and urged the Commission to support the Planning and Zoning Board's
decision.
Karen Newman, 3905 Sea Grape Circle, Delray Beach~ stated she spoke to
William Fay, Principal of Banyan Creek Elementary School yesterday morning and claims that
he does not concur with the road closure. Mrs. Newman stated she feels the fact remains that the
entrance that is just south of the existing entrance is to be moved south by the canal for an
alternate access. Furthermore, Mrs. Newman stated she and other residents are the experts
because they live in the neighborhood and see this on a daily basis.
There being no one else from the public who wished to address the Commission
regarding the appeal, the public hearing was closed.
Brief discussion followed by the Commission, staff, and Ms. Miskel.
At this point, Ross Licata (a member of City staff) was called to address some
traffic concerns:
Ross Licata (Captain/Police Department), resident of Sabal Lakes and a
Board Member of Sabal Lakes Phase II~ expressed concern over the road configuration and
stated he feels during the morning and afternoon hours when parents are dropping off and
picking up their children there are some serious traffic concerns with what is being proposed.
Mr. Licata stated with the new entrance that is being proposed on Barwick Road south of the
existing entrance, it would require a third crossing guard at that location in addition to the two
that are already working at this site.
Further discussion continued between Mr. Perlman, Ms. McCarthy, and Mr.
Licata.
Ms. Miskel asked if she might be permitted to cross-examine Mr. Licata. In
response, Mayor Schmidt stated that Mr. Licata is a member of City staff called to address some
traffic concerns of the Commission. Ms. Miskel stated she objects to not being permitted to
cross-examine Mr. Licata. Mayor Schmidt so noted the objection.
Mr. Levinson stated it is intriguing to provide a second access that does not fome
people who are not taking children to school and commented that not everyone who lives in the
Sabal Lakes development has a child to take to school. Therefore, Mr. Levinson asked how
much traffic would come particularly of people not taking children to school to relieve the north
end of the loop instead that would be coming through the south end of the loop. In response, Mr.
Licata stated unless there is another City employee directing traffic at that entrance in the
mornings and the afternoons they will not use that entrance to get in and out of the neighborhood
because the traffic will be such that people will not be able to get out. Furthermore, Mr. Licata
-9-
12-10-02
stated it requires that person to be standing in that intersection to stop north and southbound
traffic for cars to exit Sabal Lakes fight now. Mr. Levinson commented about what this may do
to the current comer and whether or not this would relieve some of the potential left-hand traffic
to be able to move further south in addition to whether or not this would relieve some traffic at
the existing Sabal Lakes Road making it a better intersection and making Barwick Road a better
road. Mr. Levinson stated there is currently quite a backup of traffic that goes out to Sabal Lakes
Road because not only are people dropping their children off at school but there are also people
who are going to work that are exiting the community.
Mrs. Archer commented that she always felt it to be advantageous to have more
than one entrance into a community in case of an emergency or a problem. Mr. Licata stated
there are some advantages and disadvantages but from a crime prevention standpoint the lease
number of access and entryways there are makes it more advantageous. Mrs. Archer stated she
feels this to be more advantageous in a gated community.
Ms. Miskel stated as an attorney she has heard testimony in every city she has
ever been in by the Fire Department that it is always preferred to have two openings because if
there were a fire or an accident at the main location to the community then this could potentially
create an impossibility for fire rescue or police personnel to get into the community with only
one opening.
Mr. Levinson moved to approve the appeal, seconded by Mrs. Archer. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - No; Mayor
Schmidt - No; Mr. Perlman - No; Mrs. Archer - No. Said motion to approve the appeal failed
with a 4 to 1 vote.
At this point, the time being 7:25 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. RESTATED LEASE AGREEMENT/BOYS & GIRLS CLUB: Consider
approval of a restated lease agreement between the City of Delray Beach and the Boys & Girls
Club of Palm Beach County for property in Lease Area Four. Prior to consideration of passage
of this item, a public hearing has been scheduled to be held at this time.
Ms. McCarthy moved to postpone Item 10.A. to a date certain of January 7, 2003,
at 7:00 p.m., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
II.A.
City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and inquiries.
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11.B. From the Public.
No one from the public spoke on non-agenda items.
9oao
ITEM REMOVED.
9.C. TRIPARTITE AGREEMENT: Consider approval of a tripartite agreement
between City of Delray Beach, Community Redevelopment Agency (CRA), and Deiray Crate
and Freight, Inc. for the retail post office in Pineapple Grove. The City and the Community
Redevelopment Agency will each contribute $8,972.00.
Brian Shutt, Assistant City Attorney, explained that if the audit shows they made
greater revenues then therefore they are not entitled to as much of the $8,972.00 then the City
would not pay them that portion of it. The City Attorney made reference to paragraph 3(B) of
the agreement.
Brief discussion followed between staff, the Commission, and Mr. Glenn Weiss.
The City Attorney suggested a clarification in paragraph 3(C) on page four of the
agreement that language be changed to state "a one time payment of $8,972.00".
Prior to the vote, Ira Jacobson with Delray Crate and Freight, Inc. read a letter
into the record from the U.S. Post Office.
Mrs. Archer moved to approve the Tripartite Agreement with the additional
language in paragraph 3(C) acknowledging that this is a one-time payment of $8972.00 and also
including the revision to the end of paragraph 3(B) providing for the payment of audit expenses
by Delray Crate and Freight, Inc. if the audit tums up a discrepancy greater than 5%, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - No; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said motion
passed with a 3 to 2 vote.
9.D. DESIGNATION OF AUTHORITY/LICENSE AGREEMENTS: Consider
approval of a request to allow the City Manager to approve, enter into, and execute standard
license agreements on behalf of the City for certain events to be held at the Tennis Center.
Brief discussion followed by staff, the Commission, and Brahrn Dubin.
Mr. Perlman moved to approve the designation of authority that in no event
allows the City Manager to approve any of these license agreements if the expenses exceeded
$15,000; and, in all cases, the preference is that the City Manager bring the agreement to the
Commission and that the City Manager only signs in extraordinary circumstances with review of
this policy at the Annual Organizational Meeting, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9oEo
FUNDING AGREEMENT/BUSINESS RECRUITMENT: Consider approval
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of an agreement between the City of Delray Beach, Community Redevelopment Agency (CRA),
and the Greater Delray Beach Chamber of Commerce for funding for an Executive Director of
Business Recruitment position commencing January 1, 2003 for a two-year period subject to
budget.
The City Attorney noted some changes to paragraph 3 on page 2 and stated the
City's agreement is to fund a certain funding amount and everything else is the Chamber's
responsibility.
Levinson.
Mrs. Archer moved to approve the funding agreement, seconded by Mr.
Prior to the vote, brief discussion followed by the Commission and Bill Wood.
After some discussion, the City Attorney suggested that the parties encourage a
broad geographic representation.
At this point, the motion was amended to read as follows:
Mr. Levinson moved to approve the fimding agreement subject to the revision of
the language as suggested by the City Attorney, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mrs. Archer -Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.F. POLICIES AND PROCEDURES/SPECIAL EVENTS: Consider approval of
the policies and procedures for special events in the City of Delray Beach with an effective date
of July 1, 2003.
Robert A. Barcinski, Assistant City Manager, stated this is before the Commission
to consider approval of the policies and procedures for special events in the City of Delray Beach
with an effective date of July 1, 2003. The proposal contains some grammatical and
organization changes. Other changes include increases in permit fees, changes to submittal date
requirements along with a required submittal time for new events, definition of City costs,
definition of non-profit/charitable sponsor and private sponsor, deletion of paragraph D Section
IV (the review team felt this was redundant), and an additional section covering neighborhood
block parties.
Mrs. Archer moved to approve the policies and procedures for special events in
the City of Delray Beach with an effective date of July 1, 2003, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
9.G. REQUEST TO CHANGE BOARD LIAISON ASSIGNMENT: Consider a
request to change the City Commission Board Liaison assignment regarding the Community
Redevelopment Agency.
Mr. Levinson moved to approve that Ms. McCarthy take over as the primary
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liaison for the CRA until the Annual Organizational Meeting, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to approve Mrs. Archer as altemate member (liaison) to the
CRA until the Annual Organizational Meeting, seconded by Mr. Perlman. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.H. RESOLUTION NO. 97-02: Consider approval of Resolution No. 97-02
authorizing the initiation of conflict resolution procedures between the City of Delray Beach and
the Lake Worth Drainage District regarding the L-30 Canal.
The caption of Resolution No. 97-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, STATING THE CITY'S
INTENT TO INITIATE THE CONFLICT RESOLUTION
PROCEDURES OF CHAPTER 164, FLORIDA STATUTES,
REGARDING A CONFLICT WITH THE LAKE WORTH
DRAINAGE DISTRICT; PROVIDING FOR AN EFFECTIVE
DATE.
The City Manager recommends working with the staff of the Lake Worth
Drainage District (LWDD) to work out a solution with regard to the L-30 Canal. Mayor Schmidt
asked what kind of time frame would there be to go through the initiation of conflict resolution
procedures. The City Attorney indicated that the process could be rather lengthy.
After brief discussion, it was the consensus of the Commission to work out a
solution with the staff of the Lake Worth Drainage District (LWDD) rather than go through the
conflict resolution procedures with regard to the L-30 Canal.
Mr. Levinson moved to approve to table Resolution No. 97°02, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
At this point, the Commission moved to Item 12, First Readings and Mrs.
Archer and Mayor Schmidt left the dais.
FIRST READINGS:
12.A. ORDINANCE NO. 60-02: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of
Ordinances to adjust the fee schedule for emergency medical transportation in accordance with
the National American Fee Schedule. If passed, a public hearing will be scheduled for January
7, 2003.
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12-10-02
The caption of Ordinance No. 60-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96,
"FIRE SAFETY AND EMERGENCY SERVICES", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL
TRANSPORTATION FEES", SUBSECTION 96.66(A), TO
ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL
TRANSPORTATION IN ACCORDANCE WITH THE
NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No.60-02 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance.
Mr. Levinson moved to approve Ordinance No. 60-02 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Vice Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote.
At this point, Mrs. Archer and Mayor Schmidt returned to the dais.
12.B. ORDINANCE NO. 59-02: An ordinance amending Chapter 33, "Police and
Fire Departments", Subheading "Pensions", of the City Code of Ordinances to provide credit for
police/firefighters with previous service as a general employee. If passed, a public hearing will
be scheduled for January 7, 2003.
The caption of Ordinance No. 59-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33,
"POLICE AND FIRE DEPARTMENTS", SUBHEADING
"PENSIONS", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 33.60, "DEFINITIONS", REVISING THE
DEFINITION OF "CONTINUOUS SERVICE" FOR CERTAIN
PURPOSES TO INLCUDE PREVIOUS SERVICE AS A
GENERAL EMPLOYEE; CREATING A NEW SECTION 33.71,
"COORDINATION OF RETIREMENT BENEFITS",
PROVIDING FOR COORDINATION OF BENEFITS FOR
MEMBERS WHO HAVE PREVIOUS SERVICE AS A
GENERAL EMPLOYEE; AMENDING SECTION 33.70,
"DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
CONTRIBUTIONS", TO PROVIDE FOR ROLLOVERS OR
TRANSFERS INTO THE FUND FOR THE PURCHASE OF
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CONTINUOUS SERVICE; PROVIDING
CLAUSE; PROVIDING A VALIDITY
PROVIDING AN EFFECTIVE DATE.
A REPEALER
CLAUSE; AND
(The official copy of Ordinance No. 59-02 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance.
Mr. Perlman moved to approve Ordinance No. 59-02 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 58-02: An ordinance amending Chapter 33, "Police and Fire
Departments", subheading "Pensions", of the City Code of Ordinances to allow police
officers/firefighters credit for prior service as a police officer/firefighter with another employer.
If passed, a public hearing will be scheduled for January 7, 2003.
The caption of Ordinance No. 58-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 33.60,
"DEFINITIONS", REVISING THE DEFINITION OF
"CONTINUOUS SERVICE" TO PERMIT A FIREFIGHTER
WITH AT LEAST FIVE YEARS OF CONTINUOUS
SERVICE TO PURCHASE UP TO THREE ADDITIONAL
YEARS OF SERVICE FOR PRIOR EMPLOYMENT AS A
POLICE OFFICER OR FIREFIGHTER; AMENDING
SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE
ROLLOVER CONTRIBUTIONS", TO PROVIDE FOR
ROLLOVERS OR TRANSFERS INTO THE FUND FOR THE
PURCHASE OF CONTINUOUS SERVICE; PROVIDING A
REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 58-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Ms. McCarthy moved to approve Ordinance No. 58-02 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes. Said
motion passed with a 5 to 0 vote.
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12-10-02
12.D. ORDINANCE NO. 56-02: An ordinance amending Chapter 35, "Employee
Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to provide
for the purchase of prior government service under the general pension plan. If passed, a public
hearing will be scheduled for January 7, 2003.
The caption of Ordinance No. 56-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUBSECTION C, "CREDITED
SERVICE", OF SECTION 35.089, "DEFINITIONS", AND
CREATING A NEW SECTION 35.0934 TO ALLOW
PARTICIPANTS WITH AT LEAST FIVE YEARS OF
CREDITED SERVICE TO PURCHASE UP TO THREE
YEARS OF CREDITED SERVICE BASED ON PRIOR
GOVERNMENTAL SERVICE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 56-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Perlman moved to approve Ordinance No. 56-02 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
12.E. ORDINANCE NO. 57-02: An ordinance amending Chapter 35, "Employee
Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to allow
previously excluded employees to participate in the general pension plan. If passed, a public
hearing will be scheduled for January 7, 2003.
The caption of Ordinance No. 57-02 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 35.089,
"DEFINITIONS", REVISING THE DEFINITION OF
"EMPLOYEE" TO INCLUDE CERTAIN PREVIOUSLY
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EXCLUDED POSITIONS; AMENDING SECTION 35.093,
"CREDITED SERVICE FOR FORMER EMPLOYEES AND
EMPLOYEES WHO WERE EXCLUDED FROM
PARTICIPATION IN THE PLAN", TO PROVIDE FOR
CERTAIN PREVIOUSLY EXCLUDED EMPLOYEES TO
PURCHASE CREDITED SERVICE UNDER THE PLAN;
AMENDING SECTION 35.097, "RETIREMENT INCOME;
BASIS, AMOUNT, AND PAYMENT", SUBSECTION (L),
"DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS", TO ALLOW PARTICIPANTS WHO
WERE PREVIOUSLY EXCLUDED FROM
PARTICIPATION IN THE PLAN TO MAKE A DIRECT
TRANSFER OF ELIGIBLE ROLLOVER DISTRIBUTIONS
TO PURCHASE CREDITED SERVICE UNDER THE PLAN;
PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 57-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Perlman moved to approve Ordinance No. 57-02 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and Inquiries on
Non-Agenda Items.
13_..:.
Comments and Inquiries on Non-Aeenda Items.
13.A. City. Manager.
The City Manager had no comments or inquiries on non-agenda items.
13.B. City. Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
Ci,ty Commission.
13.C.1.
Commissioner Perlman
Vice Mayor Perlman thanked Loretta McGhee, Deputy City Clerk, for doing a
great job this evening. In addition, Mr. Perlman stated he enjoyed the Holiday Employee
Appreciation Reception and wished everyone a Happy and Healthy New Year.
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13.C.2.
Commissioner Archer
Mrs. Archer read a brief report regarding the Drug Task Force. Mrs. Archer
stated she has a copy of the report along with the By-Laws, which she will forward to the City
Clerk for distribution for the Commission.
Secondly, Mrs. Archer wished everyone a Happy New Year and Happy Holidays.
13.C.3.
Commissioner Levinson
Mr. Levinson wished everyone Happy Holidays and stated he feels staff enjoyed
the Holiday Employee Appreciation Reception.
Secondly, Mr. Levinson congratulated Mr. Perlman on his upcoming wedding.
13.C.4.
Commissioner McCarthy
Ms. McCarthy thanked Loretta McGhee, Deputy City Clerk and Chevelle Nubin,
Executive Assistant/Agenda Coordinator for handling this meeting and commented that they
have very big shoes to fill when the City Clerk is not in attendance.
Ms. McCarthy stated last week she had expressed Happy Holidays to everyone
and said she prays for a very safe, prosperous and healthy 2003 for all. Ms. McCarthy thanked
the City Manager, the City Attorney, Department Heads, and staff and stated everyone is very
much appreciated.
13.C.5.
Mayor Schmidt
Mayor Schmidt stated when the Commission had their Goal Setting Session the
Commission agreed to go out and try to talk with different organizations and take that message to
them. Mayor Schmidt stated he spoke to the Beach Property Owners' Association (BPOA) last
week and spoke to the Brandeis Women's Association today and stated that he and Nancy King,
Publications Editor, have been working together at revamping the PowerPoint presentation for
residents by adding some visuals to it. Mayor Schmidt stated if the Commission gets an
opportunity they may want to get with Nancy King to review this presentation.
Mr. Levinson suggested that Nancy King either email this presentation or send it
to the Commission via disk.
Mayor Schmidt wished everyone a Happy and Healthy Holiday.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:45 p.m.
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ATTEST:
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 Regular City Commission Meeting held on December 10,
2002, 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.
-19-
12-10-02
WHE~, ~ Luther King, Jr. was bom on January 15,1929, in Atlant~
Georgia, and dedicated his life to all Americans being able to enjoy the freedom
guaranteed every dtizen under the United States Constitution; and
WHEREAS, January 20, 2003, will be observed as Martt~ LtttherKing,]r. Dayin
honor of the memory and ideals of Dr. King; and
WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain equality of
opportunity for all Americans; and
WI-EEREAS, Dr. King was instrumental in the advancement of equality for all
Americans; and
WHERF. a~, January 20* should serve as a reminder to each of us of the
sacrifices made by some Americans in order to secure the rights of all Americans.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January
20, 2003 as
MARTIN LUTHER KING, JR. DAY
in the City of Delray Beach, and urge all citizens to reflect upon the efforts and
sacrifices made by Dr. King on behalf of all Americans and join in the celebration of
his contributions to the struggle for peace and freedom for our nation and throughout
the world.
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 7~ day of January,
2003.
DAVID W. SCHMIDT
MAYOR
Mr. Irwin Rockoff
743 N. W. 23r~. LANE
DELRAY BEACH,FLORIDA 33445
(561) 274-6547
April 8, 2002
Mayor David W. Schmidt
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Subject: Request for and copy of the Proclamation to be issued for 2003, recognizing the Dr.
Martin Lu~, Jr. Holiday
Dear Mayor'S/:hmi~t:
On behalf of the Dr. Martin Luther King, Jr. Board of Directors, I am
respectfully requesting a Proclamation for the year 2003.
Please inform me of the date and time that the Proclamation will be read in a City
Commission meeting.
Sincerely yours, ~
Irwin Rockoff,~c_e..¢~i~ Board Member
RECEIVED
CITY CLERK
W'I-IEREA~, the DELRAY ROCKS FOOTBALL & CHEERLFJ~DING Program is
sponsored by the City of Delmy Beach Parks and Recreation Department, and the
players and cheerleaders proudly represent the City of Delray Beach; and
WHEREAS, all four football and cheerleading teams were invited to participate
in the Sports Network International, Inc. National Youth Football Championships in
Daytona Beach, Florida; and
WHEREA~, the 8o-pound team led by Coach Gerrall Lewis missed the South
Florida Youth Football League Playoffs in a League shoot-out; and
WHEREAS, the 125-pound team led by Coach Walter Stephens won their
Division at the Sports Network International, Inc. National Youth Football
Championships held on November 28, o002, in Daytona Beach, Florida; and
WHEREAS, the 15S-pound team led by Coach Ben Leonard made the South
Florida Youth Football League Playoffs, losing in the first round; and
I~I-IEREAS, the 8o-pound eheerleadlng squad led by Coaches DySonya Peele
and Kim Phillips, the ~oo-pound eheerleadlng squad led by Coaches Maria Jackson and
Meika Stimpson, the mS-pound cheerleading squad led by Coaches Joyee Neal and
Brittany Stephens, and the ~55-pound eheerleading squad led by Coaches Lori Johnson
and Sasha Wright all received "superior" ratings at the South Florida Youth Football
Cheerleading Competition at Deerfield Beach High School in Deerfield Beach, Florida
on November lo, 2oo2. The 8o-pound squad received 3*d place in the Cheer, Dance,
and Pyramid Competition at the Sports Network International Cheerieading
Competition held on November 28, 2oo2 in Daytona Beach, Florida; and
W'HEREAS, the parents, friends, and cheerleaders of the Delray Rocks
represented the City of Delray Beach in support of the accomplishments of these young
men and women and their coaches.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim the Delray Rocks
and Cheerleaders to be
uCHAMPIONS AMONG CHAMPIONS AND
AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR
THE CITY OF DELRAY BEACH, FLORIDA.~
IN M/rrNE,.qS WHEREOF, I have hereunto set my hand and mused the official
seal of the City of Delray Beach, Florida, to be affixed this 7~ day of January, 2003.
DAVID W. SCHMIDT
MAYOR
Date: Dec. 2~0, 2002
Request to be placed on:
Consent Agenda
Wherl: January 7, 2003
AGENDA ITEM NUMBER:
AGENDA REQUEST
x Regular Agenda Workshop Agenda
Special Agenda
(if applicable)
Received:
Agenda Coordinator Review:
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: ~ No Initials:
Hold Until:
Description of Agenda Item (who, what, where, how much): Request Mayor's
signature on and issuan, ce of a Proclamation honoring Delray Rocks Football and
Cheerleading and their performance in the Sports Network International's
National Youth Football Championships in Dayton Beach, Florida in November of
2002.
Department Head ~...~
Signature: ~f~
City Attorney Revie~v/Recornmendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
PROCLAMATION
WHEREAS, the DELRAY ROCKS FOOTBALL & CHEERLEADING
Program is sponsored by the City of Delray Beach Parks and Recreation
Department and the players and cheerleaders proudly represent the City of
Delray Beach; and
WHEREAS, all four football and cheerleading teams were invited to
participate in the Sports Network International, Inc. National Youth Football
Championships in Daytona Beach, Florida; and
WHEREAS, the 80-pound team (Coach Gerrall Lewis) missed the South
Florida Youth Football League Playoffs in a League shoot-out,-did i-~o[ place in
fl'~o.rt. ~,~"*',,""" ,-.*-.r,.~+~,.,.o~ ,,.,. · r~..,.,...... Bec~ and
WHEREAS, the 125-pound team (Coach Walter Stephens) won their
Division at the Sports Network International, Inc. National Youth Football
Championships held on November 28, 2002, in Daytona Beach, Florida; and
WHEREAS, the 155-pound team (Coach Ben Leonard) made the South
Florida Youth Football League Playoffs, losing in the first round, did not -'~""
~ Spo~ ,Ne~..:ork !ntern_~tionc, l '"" '
,, ,,.. :n Deyton_ Beach, Flerida~ and
WHEREAS, the 80-pound cheerleading squad (Coaches DySonya Peele
and Klm Phillips), the 100-pound cheerleading squad (Coaches Maria Jackson
and Meika Stimpson), the 125-pound cheerleading squad (Coaches Joyce Neal
and Brittany Stephens), the 155-pound cheerleading squad (Coaches Lori
Johnson and Sasha Wright) all received "superior" ratings at the South Florida
Youth Football Cheerleading Competition at Deerfield Beach High School, in
Deerfield Beach, Florida on November 10, 2002. The 80-pound squad received
3rd place in the Cheer, Dance and Pyramid Competition at the Sports Network
International Cheerleading Competition held on November 28, 2002 in Daytona
Beach, Florida; and
WHEREAS, the parents, friends and cheerleaders of the Delray Rocks
represented the City of Delray Beach in support of the accomplishments of
these young men and women and their coaches,
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray
Beach, Florida, on behalf of the City Commission, do hereby proclaim the
Delray Rocks and Cheerleaders to be
"CHAMPIONS AMONG CHAMPIONS AND
AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR
THE CITY OF DELRAY BEACH, FLORIDA."
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
official seal of the City of Delray Beach, Florida, to be affixed this 7th day of
January, 2003.
David W. Schmidt
MAYOR
WHEREAS, Maurice "Moose" Wamock was bom in Silverton, Oregon on
December 28, 1902, graduated from the University of Oregon in 1926, and is a
Distinguished Alumnus; and
WHEREAS, Maurice earned the nickname "Moose" because he was a
formidable High School football player; and
WHEREAS, Mamice has had two very happy marriages and has been married
to Gertrude Baur for twenty-seven years and through these wonderful unions he has
two sons, Thomas Warnock and John Bait, a step-son, Ronald Baur, and five
grandchildren; and
WHEREAS, Maurice worked for the Armstrong Cork Company for fifo] years
as a salesman, Director of Advertising, Treasurer, Vice President, President, and
retired as Chairman of The Board; and
WHEREAS, Mamice was a Director at several corporations and the
Chairman, President, or Director of an innumerable number and variety of
community organizations; and
WHEREAS, Maurice is a lifetime Honorary Vice Chairman of the National
Association of Manufacturers, a founding member of the Business Roundtable, a
member of the Conference Board and the United States Chamber of Commerce; and
WHEREAS, Maurice is a strong supporter of educational institutions, serving
as Chairman of the Board of the Foundation for Independent Colleges, and as a
Trustee at two prep-schools and two colleges; and
WHEREAS, on December 28, 2002, Maurice Wamock will celebrate his 100~
Birthday.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commission, and the Citizens of Delray
Beach, hereby wish
MAURICE ~MOOSE" WARNOCK
a very HAPPY 100~' BIRTHDAY and further recognize and congratulate him on
his achievements and w~sh him the best of health and happiness.
IN ~ITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 7~ day of January,
2003.
DAVID W. SCHMIDT
MAYOR
~d L~d61~:~T k'~g~ £0 .ue£ B<S~S~.~9~ : 'ON X~d : tdC~.~
Delray Beach Golf Club
2200 Highland Avenue
Delray Beach, F! 32~.~.5
561.243.7380 Fax: 561.243.7386
email: delrayac~aol.com
December 16, 2002
RECEIVED
DEC 2 6
CITY CLERK
Memo to: Dave Harden, ~ty, al~ager cc: Barbara Garito, City Clerk
From: Sandra Eriksson
RE: City Championship Awar~d'~- January 7, 2003 Agenda
Commission Meeting
We would like to request placement on the agenda for the above
Commission meeting as it is time to recognize the individuals who are
City golf champions 2002. They are as follows:
Men's Champion - Greg Perrin, (150) 76, 74, Delray Beach
Women's Champion, - Nora Phillips, (147) 73, 74 Palm Beach
(defended her title!)
Men's First Flight - Tim Weldon, (161) 82, 79 Delray Beach
Men's Senior Championship Flight - Ron Fisher, (148), 75, 73 Delmy
Beach
Men's Sr. First Flight - Pasquale "Gino" Tirillo, (156) 77, 79, Delray
Beach
Men's Sr. Second Right - Joe Weldon (166) 78, 88, Delray Beach
Men's Super Senior Championship Right Stephen Fitzgerald, (168)
79, 89, Delray Beach
Men's Super Senior First Flight - Russell Keegan, Jr. (176) 85, 91,
Delray Beach
Women's First Right - Nola Pearson, (180), 89, 91, Boca Raton
Women's Senior Championship Right- Joan Stein (178)
Delmy Beach & Canada
Women's Senior First Right - Ivy Boyk, (215), 102, 113, Delray
Beach
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # xl~ - REGULAR MEETING OF JANUARY 7, 20021
RESOLUTION NO, 1-023
JANUARY 3, 2003
This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure
located at 1860 Maxty Fladell Drive.
The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the
property in the event the assessment remains unpaid.
Recommend approval of Resolution No.l-03.
AgmemoDEMO.Bowman. Res No 1-03
RESOLUTION NO. 1-03
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.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
Res. No. 1-03
the rate of six percent (6%) per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (6%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
, 2003.
day of
ATTEST:
MAYOR
City Clerk
Res. No. 1-03
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
MAILING ADDRESS:
PROPERTY ADDRESS:
TO: WILLIAM E. BOWMAN, JR., RICHARD AND SUSAN BOWMAN
19198 PINE TREE DRIVE, TEQUESTA, FL 33469
1860 MARTY FLADELL DRIVE
~,EGAL DESCRIPTION: NE ~ OF SW ~A OF SE ~A OF NE ~ (LESS E 20') N 2~' RD
R/O/W/AND NLY 133.18' OF S 206' OF ELY 129') IN SECTION 18-46-43
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $2~973.97 by resolution of the City Commission of the City
of Delray Beach, Florida, dated ., 2003 has been levied against the above
described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on that the Chief Building official had
determined that a building/structure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the city if you failed to act.
__X__You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction
upheld the decision of the Chief Building Official.
Res. No. 1-03
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on November 26~ 2002
at a cost of $2~973.97 which includes a ten percent (10%) administrative fee. If you fail
to pay this cost within thirty (30) days, that cost plus additional administrative and
recording costs shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
5 Res. No. 1-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ - REGULAR MEETING OF JANUARY 7, 2003
RESOLUTION NO. 2-05
JANUARY 3, 2003
This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure
located at 906 + 908 S.W. 10m Street.
The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the
property in the event the assessment remains unpaid.
Recommend approval of Resolution No. 2-03.
AgrnemoDEMO.Ledbetter. Res No 2-03
RESOLUTION NO. 2-03
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.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
correctkve action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
Res. No. 2-03
the rate of six percent (6%) per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (6%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, .Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
, 2003.
day of
ATTEST:
MAYOR
City Clerk
Res. No. 2-03
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
DAVID C. LEDBETTER
MAILING ADDRESS:
PROPERTY ADDRESS:
760 N.W. 7t~ STREET, DELRAY BEACH, FL 33444
906+ 908 SW 10tb STREET
LEGAL DESCRIPTION: LOT 10 AND S60' OF LOT 11, ESQUIRE SUBDMSION
ACCORDING TO PLAT BOOK 23, PAGE 43 OF THE OFFICIAL RECORDS OF PALM BEACH
COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $3~173.50 by resolution of the City Commission of the City
of Delray Beach, Florida, dated . , 2003 has been levied against the above
described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on that the Chief Building official had
determined that a building/structure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the city if you failed to act.
__X__You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction
upheld the decision of the Chief Building Official.
Res. No. 2-02
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on November 18~ 2002
at a cost of $3~173.50 which includes a ten percent (10%) administrative fee. If you fail
to pay this cost within thirty (30) days, that cost plus additional administrative and
recording costs shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
Res. No. 2-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ',o',~.~ - REGULAR MEETING OF IANUARY 7, 2o03
RESOLUTION NO. 3-03
JANUARY 3, 2OO3
This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure
located at 68 N.W. 18m Avenue.
The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the
property in the event the assessment remains unpaid.
Recommend approval of Resolution No. 3-03.
AgmernoDEMO.Anthony Res No 3-03
RESOLUTION NO. 3-03
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 SUC~ 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.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
Res. No. 3-03
the rate of six percent (6%) per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (6%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
, 2003.
day of
ATTEST:
MAYOR
City Clerk
Res. No. 3-03
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
BLONDELL ANTHONY, ELZADIE GIPSON AND McCOY GIPSON
MAILING ADDRESS:
PROPERTY ADDRESS:
C/O ANNIEZATE GIPSON
213 LYMAN PLACE
WEST PALM BEACH, FL 33409
68 NW 18TM AVENUE
]~EGAL DESCRIPTION: THE NORTHERLY 133.18' OF THE SOUTH 206' OF THE
EASTERLY 129' OF THE NE % OF THE SW ¼ OF THE SW i/, OF THE SE 1/, OF NE % LESS
E 20' ROAD R/O/NV IN SECTION 1846-43 ACCORDING TO PLAT BOOK 1, PAGE 3 OF THE
OFFICIAL RECORDS OF PALM BEACH COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $7~742.37 by resolution of the City Commission of the City
of Delray Beach, Florida, dated ,2003 has been levied against the
above described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on February 28~ 2002 that the Chief Building official
had determined that a building/structure located on the above described property was
unsafe. You were advised in that notice of the action that would be taken to remedy that
unsafe condition and that the action would be initiated by the city if you failed to act.
__X__You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on The Board of Construction
upheld the decision of thc Chief Building Official.
4
Res. No. 3-03
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on November 15~ 2002
at a cost of ~7~742.37 which includes a ten percent (10%) administrative fee. If you fail
to pay this cost within thirty (30) days, that cost plus additional administrative and
recording costs shall be recorded in the official Records of Palm Beach County, Florida
against the above described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
Res. No. 3-03
[IT¥ OF DELRFI¥ BEII[H
CITY ATTORNEY'S OFFICE ~oo ~w ~ ^~. ~^~ ~.^~., ~o~^ ~4~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
December 20, 2002
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Granting of an Inqress/E.qress Easement
The following easement deed from the City grants to the Marina Bay - Marine
Way Condominium Association the right to use a 5' by 22' sliver of property owned
by the City for pedestrian and vehicular ingress and egress of the town homes
located adjacent to Marine Way. The Easement provides that if the City performs
any maintenance in this area, the City is held harmless for any damage to any
improvement that is located in the Easement area and that the Association shall
also hold harmless and indemnify the City for the placement of the improvements
on City property from any and all claims. This request has been reviewed by the
City Engineer.
By copy of this memo to David Harden, our office requests that this item be placed
on the January 7, 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
Return to: (enclose self-addressed stamped envelope)
Name: Mark F. Grant, Esq.
Address:
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard
Suite 1500
Fort Lauderdale, Florida 33301
This Instrument Prepared by:
Mark F. Grant, Esq.
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard
Suite 1500
Fort Lauderdale, Florida 33301
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR PROCESSING DATA
INGRESS AND EGRESS EASEMENT
This Grant of Easement, made and executed this __ day of ., 200._, by
THE CITY OF DELRAY BEACH, a municipal corporation, whose mailing address is 100 NW
1 st Avenue, Delray Beach, Florida 33444 ("CITY" or "GRANTOR"), to the MARINA BAY-
MARINE WAY CONDOMINIUM ASSOCIATION, INC. and MARINA BAY OWNERS'
ASSOCIATION, INC., Florida non-profit corporations located at 185 N.E. 6th Avenue, Delray
Beach, Florida 33483 (collectively, "GRANTEE").
Whenever used herein the term GRANTOR and GRANTEE include
all parties to this instrument and their heirs, legal representatives,
successors, and assigns.
WITNE S SE TH:
WHEREAS, CITY is the owner of property more particularly described in the attached
Exhibit "A" ("Easement Area"); and
WHEREAS, the Marina Bay Condominium development is located on the property
generally described as: Lots 1-9 together with Tracts A, B & C, MARINA BAY, according to the
Plat thereof, as recorded in Plat Book 89, Pages 162 and 163 of the Public Records of Palm
Beach County, FL ("Marina Bay Property"); and
WHEREAS, GRANTEE is the association organized to administer the Declaration of
Condominium to the Marina Bay Condominium, as recorded in Official Records Book 13599, at
Page 590, of the Public Records of Palm Beach County, Florida, together with all amendments
thereto; and
WHEREAS, GRANTEE has determined that ingress and egress is required across the
Easement Area to maintain pedestrian and vehicular access to the Marina Bay Property; and
WHEREAS, CITY is willing to grant an easement to GRANTEE for the purpose of
Page 1 of 3
FTL:925744:6
providing pedestrian and vehicular access to and fi:om the Marina Bay Property across the
Easement Area;
NOW, THEREFORE, IN CONSIDERATION of ten dollars ($10.00) and other good and
valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged,
CITY does hereby grant unto GRANTEE as follows:
1. Recitations. The foregoing recitations are tree and correct and are incorporated herein by
this reference.
Grant of Access Easement. CITY does hereby grant unto GRANTEE a perpetual non-
exclusive ingress and egress easement on, over, and across, the Easement Area for the
purpose of providing pedestrian and vehicular access to the Marina Bay Property.
Indemnity. GRANTEE, on behalf of itself, its successors, heirs, and assigns,
acknowledges that the CITY shall assume no responsibility for the structures,
improvements, materials or appurtenances which are being placed within the Easement
Area.
GRANTEE, its successors, heirs, and assigns, agrees to defend, indemnify, and hold
harmless the CITY, its agents, officers, employees and servants fi:om any and all claims,
suits, causes of action or any claim whatsoever made, and damages, including attorney's
fees and costs at the trial and appellate levels, which may result fi:om maintenance of
utilities within the Easement Area or fi:om the placement of brick pavers or any other
improvement within the Easement Area. GRANTEE, its successors, heirs, and assigns
further agree to hold the CITY, its agents, officers, employees and servants harmless for
any damage to the brick pavers which will be placed within the Easement Area. It is
understood that any cost for replacement of the brick pavers shall be GRANTEE'S, its
successors', heirs' and assigns' responsibility and CITY will not be held liable for any
damage as a part of the maintenance or construction within the Easement Area.
IN WITNESS WHEREOF, GRANTOR has herein set its hand and seal the day and year
first above written.
GRANTOR
THE CITY OF DELRAY BEACH
ATTEST:
Barbara Garito, City Clerk
By:
David W. Schmidt, Mayor
Approved as to form:
City Attorney
FTL:925744:6 2
STATE OF FLORIDA )
) SS:
PALM BEACH COUNTY )
The foregoing instrument was acknowledged before me this ~ day of
200__, by David W. Schmidt, as the Mayor of the City of Delray Beach, Florida, a Florida
municipal corporation, on behalf of the City. He/She is ( ) personally known to me or (
has produced as identification.
Notary Public
My commission expires:
Type or Print Name
Page 3 of 3
FTL:925744:6
SKETCH & DESCRIPTION FOR:
MARINA BAY (P.B. 89, PG. 162, P.B.C.R.)
INGRESS & EGRESS EASEMENT
EXHIBIT
LAND DESCRIPTION:
An Ingress & Egress Easement to "MARINA BAY", according to the Plat thereof os recorded in Plot
Book 89, Page 162 of the Public Records of Palm Beech County, Florida, described as follows:
COMMENCE at the northeast corner of said Plat "MARINA BAY", thence S00'00'00"W, along the east
line of said Plot, 114.00 feet to the POINT OF BEGINNING; thence continue S00'00'00"W along the east
line of said Plot 22.00 feet; thence S90'00'00"W, 4.25 feet to the bock of an existing concrete sidewalk,
thence N02'41'44"E along the bock of said sidewalk 22.02 feet, thence N90'00'00"W, 5.29 feet to the
POINT OF BEGINNING.
Said lands situate in Palm Beach County, Florida.
SURVEYOR'S REPORT:
1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed
surveyor end mopper.
2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there ore Deeds,
Easements, or other instruments (recorded or unrecorded) which may effect the subject property. No search of the
Public Records has been mode by the Surveyor.
3. The lend description shown hereon wes prepared by the Surveyor.
4. Bearings shown hereon are based on the plat with the east line of the Plat having o bearing of SO0'O0'O0"W.
5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey.
6. Abbreviation Legend: P.B.C.R. = Palm Beach County Records; L.B. = Licensed Business;, P.B.= Plat Book; PG. = Page;
P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning; P.O.C.= Point of Commencement;
Cc = Centerline; F.P.L. = Florida Power and Light.
CERTIFICATION:
I HEREBY CERTIFY that the attached Sketch end Description of the hereon described property is true end correct to the
best of my knowledge end belief os prepared under my direction. I FURTHER CERTIFY that this Sketch and Description
meets the Minimum Technical Standards set forth in Chapter §1G17-6, Florida Administrative Code, pursuant to Section
472.027, Florida Statutes.
DAVID ERIC BREAUX, Jr, P.L. SY.
Florida Registration No. 5957
AVIROM & ASSOCIATES. INC.
L.B. No. 3300
Not valid unless accompanied by Sheet 2 of 2 J
REVISIONS
AVIROM &ASSOCIATES, INC.
SURVEYING & MAPPING
60 B.W. 2ND AVE:NUE. ~ 10~'
BOCA RATON, FLORIDA 88482
TEL (661) 882-2884, FAX (681) 884-7126
~2~ A~R~ ~ ~A~ I~ ~ ~ ~.
JOB NO. 6814-4
SCALE: 1" = 50'
DATE: 07/'18/'02
DRAWN BY: A.M.E.
SHEET: 1 OF: 2
SKETCH & DESCRIPTION FOR:
MARINA BAY (P.B. 89, PG. 162, P.B.C.R.)
INGRESS · EGRESS EASEMENT
EXHIBIT 'A'
A SUBDIVISION OF' BLOCK 126
DELRA Y, FL ORIDA
(P.B. 1I, PG. 4, P.B.C.R.)
A SUBDIVISION OF BLOCK 126
DELRA Y, FL ORIDA
(P.B. 11, PG. 4, P.B.C.R.)
A SUBDIVISION OF BLOCK 126
DELRA Y, FL ORIDA
<P.B. 11, PG. 4, P.B.C.R.)
P.O.C.
p..o
s (I /
22.00 ~.
~-- ~ TRACT A ~ ~'
, 4.2~ Illl , ~
P ,
MARINA BAY
L(p.B. 89, PG. I~, P.B.C~.)---
z
JNOTE: Not o volid sketch unless J
accompanied by Sheet 1 of 2
"RE~/ISIONS '
AVIROM &:ASSOCIATES, INC.
SURVEYIN(~ & MAPPIN(~
80 8.W. 2ND AVEI~JE, 8UIT~ 102
B~A RATON, ~OR~A 38482
~ (Se~ 382-2884, FAX (8~) 384-7128
'~Jdb N0.6814-4
SCALE: 1" = 50'
DATE: 07/18/02
DRAWN BY: A.M.R.
SHEET: 2 OF: 2
[lTV OF OELRI:I¥ BEREH
CITY ATTORNEY'S OFFICE
1993
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect L~ne' 561/243-7091
MEMORANDUM
DATE: December 16, 2002
TO: City Con~o~ __
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed from Spanish River Resort and Beach Club
The following easement deed grants to the City the means to construct and maintain a
water line regarding the Spanish River project along East Atlantic Avenue. This easement
is needed in order to provide water for general use as well as water for fire hydrants for the
project.
By copy of this memo to David Harden, our office requests that this item be placed on the
January 7, 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
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDEX, made this 12th day of December, 2002, by and between SPANISH
RIVER RESORT & BEACH CLUB ASSOCIATION, INC., with a mailing address of 1100
Linton Boulevard, Suite C-7, De[ray Beach, Florida 33444, 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 part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, 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 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.
It is understood that upon completion of such construction, all lands disturbed thereby as
a result of such construction 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 lawfid 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 wYrNESS WHEREOF, the parties to this Easemem Deed set their hands and seals the
day and year first above written.
WITNESS #1:
(name printed or typed)
PARTY OF THE FIRST PART
SPANISH ~VER RESORT & BEACH
CLUB ASSOCIATION, INC.
By: -'-'-~4~
Its Presidem
WITNESS #2:
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this I~-/~ day of December, 2002
by Thomas T. McMurrain,as President of Spanish River Resort & Beach Club Association, Inc.,
a Florida not-for-profit corporation, on behalf of the corporation. He~_~personally known~
and did not take an oath. /~ ~~
Signature of Notary Public -
State of Florida
Il
(SEAL) I1i~/~._~ EXPIFIES: J~y ~,, a~os II
2
LAND DESCRIPTION
WATER LINE EASEMENTS
SPANISH RIVER INN
A portion of Lots 2 and 28, SEABREEZE PARK BLOCK 156, according to the plat thereof as
recorded in Plat Book 4, Page 31 of the Public Records of Palm Beach County, Flodda, more
particularly described as follows:
COMMENCING at the southwest comer of said Lot 2;
THENCE North 00'23'36" East along the west line of said Lot 2, a distance of 5.00 feet to the
POINT OF BEGINNING;
THENCE continuing North 00'23'36" East along said west line of Lot 2 and the east right-of-way
line of Seabreeze Avenue (50 foot right-of-way), 10.00 feet to Reference Point "A";
THENCE South 89'18'20 East, 10.00 feet;
THENCE South 00'23'36" West, 10.00 feet;
THENCE North 89'18'20" West 10.00 feet to the POINT OF BEGINNING.
Containing 100 square feet, more or less.
TOGETHER WITH:
COMMENCING at said Reference Point UA";
THENCE North 00'23'36" East along said east right-of-way line of Seabreeze Avenue and the
west line of said Lot 2, a distance of 110.30 feet to the POINT OF BEGINNING;
THENCE continue North 00'23'36" East along said east right-of-way line and the west line of said
Lots 2 and 28, a distance of 45.00 feet;
THENCE South 89'36'24" East, 13.00 feet;
THENCE South 00'23'36" West, 45.00 feet;
THENCE North 89'36'24" West, 13.00 feet to the POINT OF BEGINNING.
Containing 585 square feet, more or less.
Said lands lying in the City of Delray Beach, Palm Beach County, Fiodda, containing a computed
net area of 685 square feet, more or less.
SHEET 1 OF 2 SHEETS
CITY OF DELRAY BEACH, PALM BEACH COUN'Pf, FLORIDA
SCALE: 1 "=30'
; .... -'-' S89'36'24-"E .....
i /13.00' SSg 18 20 E 14,3.58
'" ~: 2. LANDS. SHOWN HEREON WERE NOT ABSTRACTED BY SHN4. DROTOS &: ASSOCIATES.
~ 2'//,I
~/'//,~1/~ RECORD. TO THE EXTENT RELATING TO THE EXISTENCE OF EASEMENTS OR RIGHTS-
?~ /,/~ ~q , OF-WAY OF RECORD. THIS SURVEY IS BASED UPON THE COMMR'MENT FOR TITLE
POINT OF -~,
~,///J .~ INSURANCE. DATED AUGUST 4;' 200(, AT '~:00 ,.. ~SSUED aY A~OR,EYS'
BEGiNNiNG ~z= y'//~ .o ~ ~.SUE~CE ~J.O. ¢CO..~E~T .0. CF-36087~)
///.,d._~/..z_~ _~/-~ 3 BEARINGS SHOWN HEREON ARE B/SED ON THE _N,O_RTH RIGHT-OF-WAY UNE OF
13.00'
~oI
~ Z
~ / ~o.oo'
? ~ ~5' ~-~T-OF-W~Y
NOO'25'SS"E--.~ - ~
10.00'--~/'/~- 10.00' PaC. R PROFESSIONAL SURVEYOR N~D MAPPER
·/x'~ "S89~18'20"~ i FLORLn^ REGISTRATION NO. 5996
BEGINNING/ SOUTH U~-LOT 2
COMMENCEMENT
N00'23'~?~-" SW CORNER-LOT 2
SEABREEZE P,N~K BLOCK 156 UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
(PB 4. PS 31.AVE"aC"~NUE ,,,sED SEAL OF A FLORIDA UCENSED SURVEYOR .AND
EAST A TLANT/C ~.ER TH~s ~ ,s FOR ~.FOR.~TIO~ .URPOS~S
ONLY AND IS NOT VALID
PROJECT NO: 01-0555(80' RIGHT-OF-WAY)
FILE NAM,E: X:SCADSSU ,RVE~O555ADOSSKETCHESSWATER~;O555WgR , , SHEEr 20,F 2 SHEETS
PLANNIN~
~ ASSOCIATES
CERTIFICATE: O? AUTHORIZATION NO. La 6456
SKETCH OF DESCRIPTION IMDR
~ ~ DA'r~ ~ ~ iPH: 954-776-7604 · FAX: 954-776-7~08
~///,~ .~ INSURANCE. DATED AUGUST 4. 200(
////,,9 ~ ]NSU.ANcE ~u.o. (CO~U~E
-~/"'"J 3. BEARINGS SHOWN HEREON ARE
"'-NSg'56'24"W ATLANTIC AVENUE. SAID UNE BEAI~
13.00'
REFERENCE POINT
POINT OF COMMENCEMENT
sBg'IB'20"E
10.00'
~5' RI~-IT-OF-WAY
S00'25'56"W
10.00' Pac~
sa9~ 1 a' 2o" ~,
~. .. _
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~~__~_.~
AGENDA ITEM # %%~- REGULAR MEETING OF JANUARY 7, 2O03
CHANGE ORDER NO. 4/FINAL PAYMENT/SUBAOUEOUS SERVICES,
INC.
JANUARY 3, 2003
This is before the City Commission to approve Change Order No. 4 in the net add mount of
$38,259.00, and final payment in the amount of $41,356.59 to Subaqueous Services, Inc. for Tropic
Isles Canal Dredging Project.
Funding is available from 448-5461-538-63.90 (Storm Water Utility Fund/Other Improvements) and
448-5461-538-65.54 (Tropic Isles Dredging).
Recommend approval of Change Order No. 1 and final payment to Subaqueous Services, Inc.
S:\City Clea'k\chevelle folder\agenda rrem~\Fmal Payment. Sub-aqueous Services.01.07 03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
DAVID HARDEN
City Manager
VICTOR MAJTENYI~/ff~'(~-
Assistant Construction Manager
TROPIC ISLES CANAL DREDGING
Change Order #4/Final, Final Payment
DECEMBER 12, 2002
www. delrayesd corn
(PN 2000-011)
Attached for Commission approval is an agenda request for Change Order #4/Final to
Subaqueous Services, Inc. on the Tropic Isles Canal Dredging project, PN 2000-011. This
change order adds 1,160 cubic yards (cy) of dredged material to the Contract quantity, paid at the
original Contract unit price of $20.00/cy, a re-mobilization charge, and the cost to rent the staging
lot for a period of six months. The amount of this Change Order is a net add of $38,259.00. This
additional quantity adjustment completes the dredging of the canals in accordance with the terms
of settlement with the Tropic Isle Homeowner Association. In addition, a request is made for final
payment in the amount of $41,356.59.
Staff recommends approval of Change Order #4fFinal to Subaqueous Services, Inc. Funding is
from 448-5461-538-63.90, Storm Water Utility Fund/Other Improvements Dredging, after budget
transfer, and from 448-5461-538-65.54 - Trop±c Isle Dredg±ng.
Richard C. Hasko, P.E.; Director of Environmental Services
Randal Krejcarek; City Engineer
Project File 2000-011 (A)
City Clerk
Agenda File 01/07/03
$ ~EngAdmin~Projectsl2OOOI2OOO-OlllCONSTRC7~CO 4 Ftnal memo 01.0703 doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. Four (4)/Final PROJECT NO. 2000-011 DATE:
PROJECT TITLE: Tropic Isle Canal Dred,qin.q
TO CONTRACTOR: Subaqueous Services, Inc..
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION:
Dredge up to an additional 1,160 CY of material from canals in accordance with Contract unit price item ~2 at
$20.00/CY, the cost to mobilize in accordance with Contract unit price item #1 at $6,059.00, plus the cost of
six months lot rental for the staging area. See attached Schedule A.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE/DECREASE THIS CHANGE ORDER 64.7%
TOTAL PER CENT INCREASE/DECREASE TO DATE 549%
$59,069.00
$286,069.00
$345,138.00
$ 38,259.00
$383,397.00
CERTIFIED STATEMENT:
I hereby cert~y that the supporting cost data included is, in my considered opinion, accurate, that
the pdces quoted are fair and reasonable and in proper ratio to the cost of the original
contracted for under benefit of cornpetlt,ve bidding.
for Subaqueous Services, Inc.
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
448-5461-538-63.90 (Tropic Isle Dredging)
FUNDS BUDGETED CODE
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND:
for Environmental Services
By:
David Schmidt, MAYOR
APPROVED:
City Attorney
ATTEST:
City Clerk
S:~EngAdmin~Projects~000~000-011~CONSTRCT~CO4FRM 01.07.03.doc
888 8
888 8
0
88
Request to be placed on
X Regular Agenda
~ Special Agenda
~ Workshop Agenda
AGENDA REQUEST
DATE:
Agenda Item No.:
December 12, 2000
When: January 7, 2003
Description of item (who, what, where, how much): Request Commission approval of Change
Order #4/Final to Subaqueous Services, Inc. for the Tropic Isle Canal Dredging Project (PN 2000-11). It
adds 1,160 cubic yards (CY) of dredged material to the Contract quantity, paid at the original Contract unit
price of $20.00/cy, a re-mobilization charge, and the cost to rent the staging lot for a period of six months.
The amount of this Change Order is a net add of $38,259 00. This addibonal quanbty adJustment
completes the dredging of the canals in accordance with the terms of settlement with the Tropic Isle
Homeowner Association Also, a request is made for final payment in the amount of $41,356.59.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of Change Order ~.4/Final and final payment to
Subaqueous Services, Inc. Funding Source is 448-5461-538-63.90, Storm Water Utility Fund/Other
Improvements.-$38,259.00 & 448-5461-538-65.54 - $3,(~97.59.
Department Hea~(~C ~{~~
Signature: - I [-,-~3~"~Z,/
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available Q~NO
Funding alternatives (if applicable)
Account No. & Description 448-5461-538-63.90-Other Improv/448-5461-65.54 Tro?±c Isle
Account Balance 63.90-Transfer-S38,390 bal./65.54-$3097.59 bal. encumbered
City Manager Review: ~
Approved for agenda:~E~NO
Hold Until:
Dredge
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2000011(A)
S:kEngAdminkProjectsk2000k2000-0! I\CONSTRCTXCO4 Final Agnd Rcq 01 07 03 doc
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # % ~- - REGULAR MEETING OF JANUARY 7. 2003
CHANGE ORDER NO. 1/FINAL PAYMENT/ASTALDI
CONSTRUCTION CORPORATION
JANUARY 3, 2003
This is before the City Commission to approve Change Order No. 1 in the net deduct mount of
$104,591.50 and final payment in the mount of $52,633.80 to Astaldi Construction Corporation for
the SW Area Improvements Phase III project.
Funding is available from 442-5178-536-65.59 (Water/Sewer Renewal and Replacement Fund/SW
Area III) and 448-5470-538-65.59 (Storm Water Utility Fund/SW Area III).
Recommend approval of Change Order No. 1 and final payment to Astaldi Construction
Corporation.
&\City Clerk\chevelle folder\agenda memos\Final PaymencAstal&.01.07.03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
DAVID T. HARDEN
City Manager
VICTOR MAJTENYI
Assistant Construction Manager
SW AREA IMPROVEMENTS, PHASE III (PN 2001-048)
Change Order #1/Final, Final Payment
DECEMBER 12, 2002
www delrayesd corn
Attached for Commission approval is an agenda request for closeout Change Order #1, Final to
Astaldi Construction Corporation on the SW Area Improvements Phase III project, PN 01-048.
It is for the final plus/minus quantity adjustments and miscellaneous changes to the original
contract. Change Order #1/Final is a net deduct amount of $104,591.50.
A request is also made for final payment in the amount of $52,633.80 to Astaldi Construction
Corporation. A Contractor Evaluation form is attached for your review.
Residual funds to be liquidated from PO#604905 to accounts 442-5178-536-65.59 (Water &
Sewer, Renewal & Replacement Fund/SW Area III) in the amount of $103,297.53 and 448-5470-
538-65.59 (Storm Water Utility Fund/SW Area III) in the amount of $1,293.97.
Richard Hasko; Director of ESD
Randal Krejcamk; City Engineer
Rafael Ballestero; Dep. Dir. of Construction
City Clerk's Or,ce
Agenda File 01/07/03
Project File 01-048(A)
$' ~EngAdmtn~Projects~200112001-048~CONSTRC~co l finalmem-O l 07 03 doc
CHANGE NO.
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
1, Final PROJECT NO. 2001-048
SW Area Improvements Phase III
Astaldi Construction Corporation
DATE:
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/minus quantity adjustments and changes per attached Schedule "A"
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT DECREASE THIS CHANGE ORDER 18.5%
TOTAL PER CENT DECREASE TO DATE 18.5%
$ 565,378.00
$ o.oo
$ 565,378.00
$ (104,591.50)
$ 460,786.50
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
Astaldi Construction Corporation
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source is 442-5178-536-65.59 (-$103,297.53) and 448-5470-538-65.59 (-$1,293.97)
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
ATTEST:
By:
Mayor
City Attorney City Clerk
SAEngAdmlnLProjectsk2001k2001-048\CONSTRCT~COldoc final 01 07.03 doc
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Request to be placed on:
AGENDA REQUEST
Date: December12, 2002
--X--Regular Agenda
Special Agenda
Workshop Agenda
When: January 7, 2003
Description of item (who, what, where, how much):
Attached for Commission approval is an agenda request for closeout Change Order #1/Final to Astaldi
Construction Corporation on the SW Area Improvements Phase III project, PN 01-048 It is for the final
plus/minus quantity adjustments and miscellaneous changes to the original contract. Change Order
#1/Final is a net deduct in the amount of $104,591.50.
A request is also made for final payment in the amount of $52,633.80 to Astaldi Construction Corporation.
Residual funds to be liquidated from PO#604905 to 442-5178-536-65.59 and 448-5470-538-65 59.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Change Order #1/Final and Final Payment to Astaldi
Construction Corporation.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):.
Budget Director Review (r,~d on all items involving expenditure of funds):
Funding available~YES~NO
Funding alternative's-('if appli~"~l~.' 's'~e a-'~v~
Account No. & Description
Account Balance ~ ~
City Manager Review: ~/ ~~ ~ /~/~
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s'\...~01-048~AgReqCO1 closeout 01 07.03.doc
TO:
THRU:
FROM:
SUBJECT:
D~~H D J, ~ITY MANAGER
~ECTOR
~,Pc~o~TDORLING, OF PLANNING & ZONING
A~ARKING MANAGEMENT SPECIALIST
MEETING OF JANUARY 7, 2003 - CONSENT AGENDA
REVIEW A REQUEST FROM NANNY'S ATTIC
PURCHASE OF ONE (1) IN-LIEU PARKING SPACE
FOR THE
Nanny's Attic located at 124 N. Swinton Avenue in the Old School Square Historic
Arts District was converted in 1993 from a two story residence to a retail
establishment. The applicant is proposing conversion of a portion of an existing
garage (576 square feet) to retail space.
Pursuant to Land Development Regulations (LDR) Section 4.4.24(G)(4) the
conversion requires two (2) additional parking spaces. Through the reconfiguration of
the existing parking area the site plan provides one (1) additional space. The
applicant is seeking to purchase one (1) in-lieu parking space in accordance with
Section 4.6.9(E)(3)(b)(3) of the LDR at a cost of six thousand dollars ($6,000).
Additionally, LDR Section 4.6.9(E)(3)(d) allows this fee to be paid in installments if
the owner of the subject property enters into an In-Lieu of Parking Fee Agreement.
The applicant is requesting to enter into such an agreement which would require 50%
($3,000) of the fee due at the signing of the agreement with subsequent payments of
25% ($1,500) due on the second and third anniversaries of the agreement.
The Parking Management Advisory Board at their meeting of December 17, 2002
unanimously recommended approval of the applicant's request.
,,,~ ,,~ RECOMMENDED~¥i~g:
By motion, approve the request from Nanny's Attic for the purchase of one (1) in-lieu
parking space subject to the terms and conditions of an In-Lieu of Parking Fee
Agreement.
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLIN~
SCOTT ARONSONJ PARKING MANAGEMENT SPECIALIST
MEETING OF JANUARY 7, 2003 - CONSENT AGENDA
REVIEW A REQUEST FROM ATLANTIC BAR & GRILL D/B/A 32
EAST FOR THE ELIMINATION OF TWO (2) CUSTOMER PICK-UP
SPACES LOCATED ON SE 1sT AVENUE.
The 32 East Restaurant has a Parking License Agreement which includes a queuing
area on the south side of Atlantic Avenue, first block east of Swinton Avenue since
January 9, 1997. The agreement was amended in April of 2001 to include a customer
pick-up area on SE 1st Avenue to address complaints regarding traffic grid locking
through the Atlantic and Swinton Avenue intersection.
Due to it's location around the corner from the queuing area on Atlantic Avenue the
applicant's valet staff has encountered problems keeping the spaces on SE 1st
Avenue available for their use. The applicant, advocating a "good neighbor policy"
has chosen not to have vehicles ticketed or towed and instead has taken steps to
improve the valet operation without utilizing the additional spaces. No complaints or
documented violations have been received since the improvements to the valet
operation were implemented. The applicant is requesting the elimination of the two
(2) "Customer Pick-Up" spaces on SE 1st Avenue. If approved, the "valet parking
only" signs will be removed and the parking spaces will be reverted to public use.
The Parking Management Advisory Board at their meeting of December 17, 2002
unanimously recommended approval of the applicant's request.
By Motion, approve the request from 32 East to eliminate the two (2) "Customer Pick-
Up'' spaces on SE 1st Avenue.
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager I~
Kendra W. Graham, C.D. Administrator
Lula Butler, Community Improvement Director
January 3, 2003
Request for Subordination - Applicants (Carlos & Elva Zepeda)
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to subordinate its second mortgage position
in the amount of $18,800 to allow the homeowners, Carlos and Elva Zepeda, to refinance
their mortgage at a lower rate and for a shorter loan tenn.
BACKGROUND
The Zepeda's are property owners within the CDBG Target Area. In November of 1997,
they participated in the City's first time homebuyer's program. The Zepeda's were
assisted with funds from the SHIP Program.
The down payment assistance is secured by a Promissory Note/Second Mortgage
approved by the City Commission and requires the applicant to maintain
ownership/residence for a specified period according to the amount of the grant. Grant
amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of
five (5) years and grant amounts equal to or greater than $15,000, but less than $25,000
per unit are forgiven at a rate of 10% per year for ten (10) years. Therefore, the current
agreement will remain recorded as a covenant to the property until November 2007.
RECOMMENDATION
Staff is recommending City Commission approval of the Zepeda's request to subordinate
its second mortgage position in the amount of $18,800. The subordination meets all the
requirements of the City's Subordination Policy
PREPARED BY AND RETURN TO:
CINDY MARENO
CHARLES L. JAFFEE
1701 W. HILLSBORO BLVD.
SUITE 303
DEERFIELD BEACH, FL 33442
MODIFICATION AND SUBORDINATION AGREEMENT
THIS MODIFICATION AND SUBORDINATION AGREEMENT is made as of the __ day of
,2003 by CITY OF DELRAY BEACH ("Mortgagee") and CARLOS ZEPEDA and ELVA
ZEPEDA ("Mortgagors").
WHEREAS, Mortgagee is the owner and holder of that certain Mortgage given by Mortgagors for
Mortgagee, recorded in O.R. Book 9511, Page 1682, Public Records of Palm Beach County, Florida (the
"Mortgage"); and
WHEREAS, SunTrust Bank ("New Lender"), desires to encumber the property which is
encumbered by the Mortgage with a Mortgage to be given to New Lender in the amount of $70,000.00 (the
"New Mortgage"), said property being more particularly described as:
Lot 21, ROEBUCK'S RESUBDIVISION OF BLOCK 103 DELRAY, AS RECORDED IN PLAT BOOK
2, PAGE 19 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
WHEREAS, New Lender, as a condition of making the Mortgage loan to be secured by the New
Mortgage, requires that the lien of its Mortgage be a fa'st lien upon the Property; and
WHEREAS, Mortgagee has agreed to subordinate the lien of the Mortgage as to the Property to
the lien of the New Mortgage as provided herein.
NOW, THEREFORE, in consideration of these presents, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Mortgagee does hereby agree:
That the Mortgage and the indebtedness and other sums which may at any time be secured
thereby shall be and by these presents are hereby made subordinate and inferior to the New
Mortgage and all instruments at any time securing the indebtedness secured by the New
Mortgage, and any and all modification, amendments, renewals, consolidations and
extensions thereof.
WITNESS WHEREOF, the undersigned has executed these presents on this __ day of ,
2002.
Signed, sealed and delivered
In the presence of:
CITY OF DELRAY BEACH
By:.
Print Witness (Mortgagee)
CARLOS ZEPEDA
Print Wimess
ELVA ZEPEDA
Print Witness
STATE OF FLORIDA)
COUNTY OF PALM BEACH) SS:
The foregoing instrument was acknowledged before me this __ day of ., 2003 by
of The City of Delray Beach, who is personally known tome or who has provided
as identification and who has taken an oath
Notary Public
STATE OF FLORIDA)
COUNTY OF BROWARD) SS
The foregoing instrumem was acknowledged before me this __
Carlos and Elva Zepeda who have provided
taken an oath.
day of ,2002 by
as identification and who have
Notary Public
S544250444 p. 2
CITY OF DEL[~RY BEKH Nv. ~:,1 r.c-c
Date
City of D¢lray Bcach
Via Pax # (561) 2A3-7221
ATTAh Community Development Division
R.E: R~QUI~ST FOI~. SUBORDINATION
Carlos ~d ~lva Z~eda
20S S.E. 4~w ~v~um
Debay Beach, FL
To refin~ce ~eir 0u~ent moP.ge. ~e title sash ~vealed ~ ~e Ci~ of Delray
B~ach holds a H~ ~in~ ~eir p~p~ scq~ng a ~y~ ~t. We h~by ~quesi
~at you su~rdinate this lien
follo~ng:
1. Original loan term will he reduced from 30 years to 15 years.
2. Original in'~e~est rate will be reduced from ~ o.~ fixed rate to ~
fixed rat~.
Thc new loan is not subject to ncgat/ve arnort/zation and the loan amount will not
bc incres.sed/'or more ihan ~he payoff amount and thc costs incurred/ri the closing
of thc lransac~n.
£ITY
1 993
2001
t00 NW Isti\E~4~.~E DELRA~ BEt, CN, FLORIDA 33444
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
SHIP or CDBG Subordination Procedures
1. The party requesting the subordination must provide the City of Delray Beach
Community Development Division the following information and documentation:
· legal description of the property
· copy of an appraisal of the property
· copy of the title report conducted by the lender requesting the subordination
· amount of equity in the home
· copy of HUD-1 or other document that will provide loan disbursement
information
· resulting housing cost (PITI)
· type of loan (fixed, variable, balloon, etc.) and interest rate
· Subordination Agreement
561/243-7000
The Community Development Division shall review the above information and, if the
request adheres to City policy, present the Subordination Agreement to the City
Attorney's Office for review. The Community Development Division shall place the
subordination request on the Consent Agenda for the City Commission Meeting and
send the Subordination Agreement to the City Clerk's Office for the Mayor's
signature.
Once the subordination request is approved by the City Commission and the
Subordination Agreement is signed by the Mayor, the Community Development
Division shall follow through with the instructions provided by the lender as it relates
to the mailing and/or faxing of the executed Subordination Agreement. The lender
should provide the City with a recorded copy of the Subordination Agreement.
Agenda Item No.:
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
Special Agenda
~ Workshop Agenda
xxxxx Consent Agenda
Date: January 3, 2003
When: January 7, 2003
Description of item:
Authorization and approval to subordinate the City's second mortgage position in the
amount of $18,800 to secure a lower rate and a shorter loan term for a SH1P First-time
Homebuyer Program recipient.
Recommendation:
Staff recommends approval and execution of the subordination agreement.
Department Head Signature: ?/-~'"~
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Altematives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # x~ ~ . REGULAR MEETING OF JANUARY 7, 2003
REPORT OF APPEAI.ABLE LAND DEVELOPMENT BOARD ACTIONS
JANUARY 3, 2003
Attached is the Report of Appealable Land Use Items for the period December 9, 2002 through
January 3, 2003. It informs the Commission of the various land use actions taken by the designated
boards that may be appealed by the City Commission.
The Commission should take special notice of SPRAB item "O". No one has appealed this item, but
outdoor dining at Calypso has been a contentious issue.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S'\C:ty Clerk\chevelle folder\agenda memos\apagmem_ 1.07.03
TO:
THRU:
FROM:
PAUL DORLING,~~CTOR OF PLANNING AND ZONING
/~ASMIN ALLEN, PLANNER
SUBJECT:
MEETING OF JANUARY 7, 2003 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 9, 2002
THRU JANUARY 3, 2003
The action requested of the City Commission is that of review of appealable actions which
were made by various Boards during the period of December 9, 2002 through January 3,
2003.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting, the
appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E)
of the LDRs applies. In summary, it provides that the City Commission hears appeals of
actions taken by an approving Board. It also provides that the City Commission may file an
appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
Co
Approved (7 to 0), the architectural elevation plan associated with facade changes and a
color change for 801 Palm Trail Condos, located at the northeast corner of Palm Trail
and George Bush Boulevard.
Approved (7 to 0), the architectural elevation plan associated with changing the roof
from an "arched" design to a gable roof for Cobra Construction, located at the
northwest corner of SW 8th Street and SW 14t~ Avenue.
Approved (7 to 0), a Class II site plan modification associated with the establishment of
an outdoor seating area for Fratellrs Grill, located within Creations of Delray Beach at
the northeast corner of Pineapple Grove Way and NE 1st Street (111 Pineapple Grove
Way).
City Commission Documentation
Appealable Items Meeting of January 7, 2003
Page 2
D. Approved with conditions (7 to 0), a Class V site plan and landscape plan (the
architectural elevation plan was approved on a 6 to 1 vote, Gary Eliopoulos dissenting),
for TWG Enterprises, a proposed 13,476 square foot contractor's office located at the
southeast corner of SE 1st Avenue and SE 6th Street. Concurrently, the Board approved
the following waivers:
Eliminated the required 5'-wide sidewalk along SE 6th Street.
Eliminated the requirement for the applicant to be responsible for one-half of the
im'provement for that portion of SE 6th Street adjacent to the subject property.
E. Approved (7 to 0), a request for a color change for the building for Snappy Turtle,
located on the north side of East Atlantic Avenue, between NE 1st Avenue and NE 2nd
Avenue (137 East Atlantic Avenue). The Board tabled the proposed trim and awning
colors.
E. Approved (6 to 0, Gary Eliopoulos stepped down), a request for a color change
(including the trim and awning colors which were previously tabled) for Snappy Turtle,
located on the north side of East Atlantic Avenue, between NE 1s~ Avenue and NE 2nd
Avenue (137 East Atlantic Avenue).
Fo
Approved (6 to 0, Dan Carter arrived late), a request for the installation of tenant
identification signs, a free standing sign and an under canopy sign for Delray Square
Shopping Center, located at the northeast corner of West Atlantic Avenue and Military
Trail.
G. Approved (7 to 0), a request to modify the colors for the blanket sign program for
Panera Bread, located within the Old Harbor Plaza at the northeast corner of South
Federal Highway and Linton Boulevard.
H. Approved (7 to 0), a request for a color change for Atlantic Plaza, located at the
northeast corner of East Atlantic Avenue and NE 7th Avenue (777 East Atlantic Avenue).
I. Approved (7 to 0), a request for a color change for Congress Square, located at the
southwest corner of Congress Avenue and West Atlantic Avenue.
J. Approved (6 to 0, Dan Carter stepped down), a color change for Auburn Trace, located
at the southwest corner of SW 8th Avenue and SW 4t~ Street.
K. Approved (7 to 0), the architectural elevation plan associated with the installation of
awnings for Caf~ Veri Amici, located on the east side of Pineapple Grove Way, south of
NE 2 Street (189 Pineapple Grove Way).
Tabled (7 to 0), the architectural elevation plan for Exxon, located at the southeast
corner of Pineapple Grove Way and NE 4th Street. The Board tabled the item as they
requested that the applicant provide a different style light fixture.
City Commission Documentation
Appealable Items Meeting of January 7, 2003
Page 3
M. Approved (7 to 0), the architectural elevation plan associated with the replacement of
two second floor windows with sliding glass doors for Ocean Place Condominium (unit
#7), located at the northwest corner of Ocean Boulevard and George Bush Boulevard.
N. Approved (7 to 0), a Class II site plan modification, the landscape plan and architectural
elevation plan for Sabal Lakes Phase IV, a proposed 90 zero lot line single family
development, located at the southeast corner of Sabal Lakes Drive and Barwick Road.
O. Approved (5 to 2, Dan Carter and Roger Cope dissenting), a Class III site plan
modification associated with the addition of a 750 sq. ft. outdoor dining area for
Calypso Restaurant, located at the southeast corner of East Atlantic Avenue and the
Intracoastal Waterway. Previously at its meeting of September 5, 2001, the Board
approved the site plan modification which allowed the outdoor dining area subject to
conditions. Two of those conditions required that the applicant obtain the Board's
approval for the proposed awning above the outdoor dining area; and, that a wall be
provided along the south side of the dining area. Representatives from Bar Harbor
Association were present and voiced concerns with the addition of the outside dining
area and requested that the odginal requirements for a wall or fence between Bar
Harbor and the outside dining area be provided. The Board approved the request for
the awning and fence (6' 6" high, wood, board-on-board) with the condition that the
fence not encroach within the existing 15' wide easement along the south side of the
property.
P. Approved (7 to 0), a request regarding the location of refuse containers associated with
the Flex Building, a new 22,500 sq. ft. service industry building, located within Delray
Park of Commerce, at the northeast corner of Congress Avenue and NW 17t~ Avenue
(Park of Commerce Boulevard).
Q. Approved (7 to 0), a Class III site plan modification and architectural elevation plan
associated with the conversion of a office/storage loft into 2 one-bedroom apartments
for Surles Building, located on the west side of NE 4th Avenue, between NE 1st Street
and NE 2nd Street (140 NE 4th Avenue).
Approved (6 to 1, Roger Cope dissenting), a Class IV site plan modification and
landscape plan associated with a 690 sq. ft. addition at an existing commercial building
located at 202 NE 6th Avenue, located at the northwest corner of NE 6th Avenue
(northbound Federal Highway and NE 2nd Street).
Approved (7 to 0), a Certificate of Appropriateness associated with a Class IV site plan,
landscape plan and architectural elevation plan associated with the conversion of an
adult living facility to an office for Mariposa, located at the northwest corner of SE 1st
st
Avenue and SE 1 Avenue (48 SE 1st Avenue).
Concurrently, the Board approved a waiver to allow parking on the south and east side
of the building. The Board denied the waiver request to reduce the site visibility triangle
from 40' to 10' at the intersection of SE 1st Street and SE 1s~ Avenue.
City Commission Documentation
Appealable Items Meeting of January 7, 2003
Page 4
No Regular Meeting was held during this period.
By motion, receive and file this repo~.
Attachment: Location Map.
CITY OF DELRA¥ BEACH, FLORIDA
- City Commission Meeting-
January 7, 2003
GULF STREAM BLVD
L-SO CANAL
~ a: LAKE IDA ROAD
I--- ....[[ - -
r- , c-- __r-~
~ ~ ~11 -
- ........... ,
L-35 CANAL C-15 CANAL
L EXXON
M. OCEAN PLACE CONDOMINIUM
N. SABAL LAKES - PHASE IV
0. OLD CALYPSO RESTAURANT
P. DELRA Y PARK OF COMMERCE
S.P.R.A.B :
A 801 PALM TRAIL CONDOS
8 COBRA CONSTRUCTION
C. FRATELLI'S GRILL
D TI/VG ENTERPRISES
E. SNAPPY TURTLE
F. DELRAYSQUARE SHOPPING
I CENTER
I G PANERA BREAD
~ H. ATLANTIC PLAZA
~1. CONGRESS SQUARE
~ J. AUBURN TRACE APARTMENTS
. CAFE VERI AM/C/
2ND ST
SW
UNTON
TRA C T "K"
SURLES BUILDING
202 NE 6TH AVENUE
H P.B.'
1 MARIPOSA
CiTY LIMITS
/ V
ONE MiLE
GRAPHIC SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2003
- - DIGITAL BASE-MAPPING SYSTEM- -
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~~'L
AGENDA ITEM - REGULAR MEETING OF JANUARY ?. 2003
AWARD OF BIDS AND CONTRACTS
JANUARY 3, 2003
This is before the City Commission to approve the award of the following bids:
Contract award to Johnson-Davis, Inc. in the amount of $46,100.00 for the Breezy
Ridge Utilities Demolition Project. Funding as available from 442-5178-536-63.50
(Water/Sewer Renewal & Replacement Fund).
Contract award to Thomas B. Cushing Demolition in the amount of $22,700.00 for
the removal of structure, parking lot, and concrete footers; cleaning lot of all debris
and rough grading property known as the Ice House, 335 North Congress Avenue.
Funding is available from 448-5470-538-65.47 (NW 18th Avenue/Marty Fladell).
Contract renewal with Commercial Chemical for the purchase of bulk Sodium
Hypochlorite at an estimated annual cost of $22,000.00. Funding is available from
441-5123-536-52.21 for $17,600 and 441-5122-536-52.21 for $4,400 (Water/Sewer
Fund/Chemicals).
Purchase award to Maroone Chevrolet in the amount of $19,170.00 via the Florida
Sheriffs Association and Florida Association of Counties Bid #02-10-0826 for the
purchase of a 2003 Chevrolet Blazer for the Environmental Services Department's
GIS/Hansen Data Acqmsifion Program. Funding as available from 441-5123-536-
64.20 (Automotive).
Purchase award to McCotter Ford in the amount of $30,948.00 via the Florida
Sheriffs Association and Florida Association of Counties Bad #02-10-0826 for the
purchase of a 2003 Ford Excursion for the Police Department. Funding is available
from $01-3312-591-64.20 (Central Garage Fund/Automotive).
Purchase award to Medtec in the amount of $343,000.00 via the Florida Sheriffs
Association state-wide bid package for two (2) Rescue Units for the Delray Beach
Fire Department. Funding is avatlable from 501-3312-591-64.20 (Central Garage
Fund/Automouve).
Recommend approval of the above bids and purchases.
S.'\C~ty Clerk\chevelle folder\agenda memo\B~d Memo. 1 07 03
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
DAVID T. HARDEN
City Manager
RAFAEL BALLESTERO
Deputy Director Construction
www delrayesd, com
BREEZY RIDGE UTILITY IMPROVEMENTS DEMOLITION
PROJECT NUMBER 2002-003.1
DECEMBER 11, 2002
Attached for Commission approval is an agenda request for contract award to Johnson - Davis,
Inc., in the amount of $46,100.00, on the Breezy Ridge Utilities Demolition Project, PN 2002-
003.1. It is for the demolition of existing water, sewer, and drainage improvements, in preparing
the site for the new High School.
Prices are commensurate with the work to be performed. Attached are copies of four quotes for
this work, with Johnson Davis as low bid. Johnson-Davis currently has a contract with the City,
for construction of the L-33 Canal Culvert project.
Funding source is account # 442-5178-536-63.50 (Water & Sewer Removal & Replacement
Fund).
cc:
Richard Hasko, P E., Director of Environmental Services
Randal Krejcarek, P E., City Engineer
City Clerk
Agenda File
Project File 02-003.1 (A)
S. ~EngAdmtn~Projectsl2OO212OO2-OO31CONSTRCTMGMEM07 12.11 02,J-D breezy rtdge doc
12/10/02
T~ 16:00 FAX i 561 585 ~252
HEAVY CO.I~$TR U(;;TIO~
~ecemoer ~, 2002
Mr. Rafael Ballestcro
City of Delray Beach
Environmental Services D~partment
434 S. Sw/nton Avenue
Delray Beach, FL 33~4
JOHNSON-DAVIS INC.
JOHNSON-DAVIS INC.
604 HILLEiRATH DRIVE
LANTANA, FLORIDA 33462-1894
~l~SS-1170 F~ ~1-585-5252
CU-C043DB7
UNDERGROUND UTIL[TI ES
~ 002
RE: Breezy Ridge Utilities Demolition
Dear Mr. Ballestero:
We respectfully submit the following Proposal for your review. Our price is based on your bid summary dated
November 15, 2002 and the record drawings by Battaglia Land Surveyors Inc. dated December 5. 2000.
Water Main (per sammary) Lump Sum $10,000.00
Saaimry Sewer (per summary) Lump Sum $22,800.00
Drainage (per summary) Lump Sum $ 2,500.00
Lift Station (per summary) Lump Sum $ 2,200.00
Additional Water Main Lump Sum $ 8,600,00
1,200.00 LF +/- 6" DIP
Misc. Fittings etc.
TOTAL Proposal:
Exclude%:
Restoration except backfill
Permit
Permit fees
Bond
Lump Sum $46,100.00
Please advise us if you would like us to proceed with this project.
Robert E. Spink
Vice President
12/04/2002
D~,~: 12/4/02
08:05 305-5992206
CONQUEST ENGINEERING
Conquest Engineering, Inc,
Proje~ NM me:Brezzy Ridge Estate
Contractor Nal ne:City Of Delray Beach
' Bid Number. 02-121
storm Drainage I:)er~i01ition
18" RCP solid 118.00 If
type "C" catcll basin | 2.00 ea
type "E" catch basin v~/4105-6224 1.00 ea
Unit
Cost
17.25
690.00
690.00
Sanitary Sewer Derr 31iUon
8" PVC $DR35 sewel pipe gnaen(O'~6')
8" PVC $DR35 sewel pipe green(6'-8')
4" DIP force main
sanitary manhole (0'-~ ')
sanitary manhole (6'-~ :3
single service lateral
double service lateral
Water System [
cement linedt dip p~pe w/gasket
8"
CL52
tS" CL55 cement linedI dip pipe w/gasket
6" MJ gate valve
8" MJ gate valve
8" MJ tee
6" MJ tee
8" x IS" MJ tee
tim hydrant
Forcernain Demoliti~ m
lilt station
Totals
1,462.00 If
299.00 If
160.00 If
9.00 ea
2.00 ea
34.00 ea
2.00 ea
1,041,00 If
1,210.00 If
6.00 ee
5.00 ea
1.00 ea
2.00 ea
4.00 ea
4.00 ea
1,00 ea
8.05
10.35
6.90
402.50
517.50
40.25
40.25
8.05
7.48
57.50
57.50
57.50
57.50
57.50
115.00
t,380.00
~ection
Total
4,105.50
22,074.25
18,919.80
1,380.0D
46,479.$E
PAGE 02
Page I
FROM :MBI FAX NO. :9547929581. DEc. 09 2002 04:27PM P1
MOLLOY BROS., INC.
ENGINEERING CONTRACTORS
800 NW 27th Ave, / Ft. Lauderdale, FL 3331
December 3 20132
City of Delray Beach Environmental Services
434 South Swirffon Avenue
Delray Beach, FI. 33444
Attn: Rafael Ballestem
Re: Breezy Ridge Estates Demolition
Dear Rafael.
Per your request we sumit the following prices for demolition of the existing Water. Sewer
end Drainage Systems in the Breezy Estates Neighborhood.
Water Main System =
Sanitary 8ewer System =
Drainage System =
Uft Station =
Grand Total
31,500.00
15,500.00
8,500.0O
7,400.00
S3,gO0.O0
Now: These prices reflect the additional 1201) L.F. of 6" water main removal.
Tl~ank You
Yours Truly,
President
OHAZ EQUIPMENT ~ INC.
3480 FaiHane Farms IteL, EII~
Wellington, Ftodda 83414
flAX NO. : D~o.
2002 0~:06P~ P2
To all Bidders:
Pleasc submit prices for thc demolition of existing utilities in the Breezy Ridge
Subdivision, Prices are to be submitted Lump Sum, per category, with a grand
total. The categories are: Water Distribution, Sanitary Sewer, Storm Drainage,
and Lift Station, Copies of the as-built drawings are attached, for your use. Listed
below are quantities taken from the final pay estimate, as agreed to with the
contractor which installed the utilities. These quantities are for representation only
and ye not to be used as the b. ast's'-fo..r pa:Fr~t. Please submit prices to the
undersigned no later tha~f"'Monday;'~ovem-~r 25th, .
,04,
1 EA 6' Gate Valve and ]~;x
4 EA 8" Gate Valve and Box
I EA 8"x 8" Tcc and Valve
2 EA 6"x6" Tee and Valve
/~/,~Valve, and Anchor Tee
1462 LF 8" PVC, SDR 35,-~'-6' Cut
299 LF 8" PVC, SDR 2t5, 6'-8' Cut
9 EA Sewer Manholes, 0'-6' Cut
2 EA Sewer Manholes, 6'-8' Cut
34 EA Single Service Laterals
2 EA Double Service Laterals
160 LF 4" D.I.P. Force Main
11 $ LF 18" R. CP /
2 BA Type "C" Inlets
1 EA Type "B" Inlet
Agenda Item No. ~
Request to be placed on:
AGENDA REQUEST
Date: December 12. 2002
--X ..... Regular Agenda
~ Special Agenda
~ Workshop Agenda
When: January 7, 2003
Description of item (who, what, where, how much): Attached for Commission approval is an
agenda request for contract award to Johnson-Davis, Inc., in the amount of $46,100.00,on
the Breezy Ridge Utilities Demolition Project, PN 02-003.1. It is for the demolition of water,
sewer, and drainage improvements, in preparing the site for the new High School.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends approval of contract award to Johnson - Davis, Inc.
Funding Source is account # 442-5178-536-63.50 (Water & Sewer Removal & Replacement
Department head signature: ~ J ~ I ~ - o'~.-'
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re~d on all items involving expenditure of funds):
Funding available:
Funding alternatives (if applicable):
Account No. & Description ~L~ _ ~/'7~'~-~ - ~3,_~O ~4/~'+~'~ ~,'/~
Account Balance ~
City Manager Review:
Approved for agenda:~_~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s'~..~02003.1~agreq12.12.02, J-D breezy ridge award
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
Rafael Ballestero, Dep. Dir. of Construction
12 Dec 2002
Marty Fladell Drive & NW 18th Avenue
2000 Road Bond Project # 2000-044.1
Authorization to Raze City owned Building ~ 335 South Congress Ave
Commission Agenda Item
The above referenced agenda item is for Commission authorization/approval for contract award
to Thomas B. Cushing Demolition, for the removal of structure, parking lot, concrete footers,
clean lot of all debris and rough grade property known as the Ice House, 335 North Congress
Avenue. Attached are three quotes for your review, with Cushing Demolition as Iow bid. This work
will be completed so that a retention pond can be built. The proposed retention pond is part of the
improvements to the NW 18th Avenue corridor. This corridor was included in the 2000 Road Bond
Program.
The cost to remove this building is $22,700.00
Funding is available from 448-5470-538-65.47.
A map is enclosed for your convenience.
If this meets with your approval please place it on the 07 Jan 2003 Commission Agenda.
Thanks
enc
cc;
Richard Hasko, P.E., Director of Environmental Services
Randal Krejcarek, P.E., City Engineer
City Clerk
Agenda File
file: 2000-044.1 (A)
S:~EngAdminV=rojectst2000t2000-044. l tCONSTRCTtagenda memo 07 Jan 2003. doc
F~× NO. :5617902297 Dec. 12 2002 Ol:10PM P2
THOMAS S. CUSHING DEMOLITION
December l 2, 2002
To: City of Delray Beach
Pr: 561-243-7297 Fax: 561-:243-7314
Project Address: 335 North Congress Ave. Delray Beach
The tbllowin8 is a price for demolition work to be performed aX the above address.
The work includes:
I. Wrecking and removal ora one story metal frame building including the slab
and footers.
2, Removal of the parking lot and curbs.
3. Removal of the trees not designated to remain.
Exclusions: Asbestos survey, I~rmits, utility disconnecls/rclocating, import/export of fill, shoring.
patching, lminfing, additional insurances. Return,al of tires, tanks, freon, bushes& trees ®, fencing,
asbestos, hazarflous materials, fluorcscent bulbs, ballasts, paints, oils, weatherproofing, contaminated
soils, any unforeseen cxmflitions under slabs, No vegetation or stnietures will be remco, ed on thc property
lincs or in thc easement. No pilings will be removed. No ~wcutting. No rcpatr of sidcwaiks or curbs,
No Bellsouth tcrmina! terminalions, All salvage l~:comes thc property of Cushing Demolition,
unless otherwise noted
® only those necos~ay to complete the demolition
The demolition area will be left in a neat and clean condition and rough graded upon
completion..,
'Price: $ 22,700,00 to be paid upon completion,..This price is based on one mobilization,..
This proposal is good for 30 days.
Special Conditions: We will obtain the demolition permit, The owner will be responsible
for utility disconnections.
If you agree with the above terms, please sign and return one copy to our office
Proposal accepted by:
8210 8th Road North · West Palm Beach, Florida 33411 · 561-793-6173 · Fax: 561-790-2297
13 02 12:04p RLRH TREGLIR 5G1-585-0009
1204 Pope Lane
Lake WoAh, FL 33460
City of Delray Beach
434 S. Swinton Ave.
Dekay Beach, FL 33444
Attn: Rafeal C. Ballestero
CONTRACTORS
Site: 335 N, Congress Ave.
De[ray Beach, FL
Office ($61} 588-5951
Fax ($6~1) $85-0009
We propose to furnish all equipment, labor, materials, required licenses and permits to complete the following:
Demolish and remove the one-story metal frame building to include slabs and footings and remove asphalt
parking lot and curbs. (No base material removal)
The demolition area will be left rough-graded and free of debris. Price includes hauling away all demolition
debris and paying all disposal fees. All items removed by GDI to become the property of GDI.
Please see attached list of standard exclusions.
/ notice to proceed
Work will commence within lO days after receipt of this proposal properly accepted and will be completed
within 1_~0 working days after starting.
All of the above work will be completed for the sum of Twenty Five Thousand Four Hundred Forty
($25,440.00) Dollars
Payable in full upon completion.
ACCEPTANCE
COMPANY
GDI CONTRACTORS, INC.
Alan Treglia,'Presi~/ent
BY: TITLE:
LEGAL DESCRIPTION OF PROPERTY:
LOT NO: BLOCK NO:
CORRECT STREET ADDRESS:
LOT SIZE SURVEY ATTACHED
PROPERTY CONTROL NUMBER# -
DATE
SUBDIVISION
LOT STAKED
DEMOLITION SPECIALISTS BRINGING YOU OVER 25 YEARS LOCAL EXPERIENCE- U-f2~J06
BUILT CONSTRUCTION, INC.
w~w.fi~ebuilt, com
November lg, 2002,
City of Delray Beach
Attn: Norms Smith
100 N.W. 1 ~ Avenue
Delray Beach, FL 33444
Re: 335 North Congress Avenue
Dear Norms:
Thank you fa- allowing us the opportunity to bid on the demolition of the ice plant located
at $35 NoKh Congress Avenue, Delray Beach.
Our proposed pi'ica for demolition ?.f the structure, the removal of the parking 'lot,
concrete and footers, is $37,250.00. The lot would be le1't dean of all debris and rough
graded. This price does not include al3y permit fees, sidewalks, or damage to unmarked
underground lines, cables, etc.
Thank you again for allowing us the cf~por~nity to bid an this project. If you have arly
questions regarding this proposal, 01ease con:act me at your earlles~ convenience. I look
f~n~ard to speaking wi~ you s~:~n.
lit CO~L..struction, Inc.
cliff Fine
President
RECEIVED
NOV 2 o 2oo2
COMM. IMP. ADMIN.
Date: 12 Dec 2002 AGEKDA ITEM
I~JMBER:
Request to be placed on:
AGENDA RE~UEST
__Consent Agenda
Agenda
Regular Agenda
Workshop Agenda
Special
When: 07 Jan 2003
Description of Agenda Item (who, what, where, how much):
Request for Commission authorization/approval for contract award to Thomas B.
Cushing Demolition for the removal of structure, parking lot, concrete footers,
clean lot of all debris and rough ~rade property known as the Ice House, 335 North
Congress Avenue. This work will be completed so that a retention pond can be
built. The proposed retention pond is part of the improvements to the NW 18th
Avenue corridor. This corridor was included in the 2000 Road Bond Program.
The cost to remove this building is $22,700.00
A map is enclosed for your c onv~tL~ce.t~
Department Head Signature: ~(~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes/ No Initials:
Account Number 448-5470-538-65.47
Description NW 18th Ave / Marty Fladell
Account Balance: $-37,2~
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
No Initials:
Agenda Coordinator Review:
Received:
S:~EngAdmin~Projectsk2000L2000-044. l\CONSTRCT~agenda 07 Jan 2003.doc
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Manager
Joseph Sa~nance Director
December 30, 2002
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
JANUARY 07, 2003 - PURCHASE AWARD
FURNISH AND DELIVERY OF SODIUM HYPOCHLORITE
SOLE SOURCE PURCHASE
Item Before Commission:
City Commission is requested to approve the one year renewal with Commercial Chemical for
the purchase of Sodium Hypochlorite bulk deliveries at an estimated annual cost of $22,000.
Background:
Commercial Chemical is our current vendor who supplies Sodium Hypochlorite to the Water
Treatment Plant. They were awarded a contract in November of 1999, by City Commission, as
they were the only vendor who could supply bulk deliveries to the City of Delray Beach in small
trucks. This contract was renewed again in fiscal year 2000 and 2001.
The Deputy Director of Public Utilities recommends the one year renewal with Commercial
Chemical for the purchase of Sodium Hypochlorite at an estimated annual usage of 25,000 gals.
Please see attached memo dated December 26, 2002.
Commercial Chemical has agreed to extend their current contract for another year at their current
price of $.88 gal. per attached memo dated December 23, 2002.
Recommendation:
Staff recommends the one year renewal with Commercial Chemical for the purchase of bulk
Sodium Hypochlorite at an estimated annual cost of $22,000. Funding from account code 441-
5123-536-52.21 ($17,600) and 441-5122-536-52.21 ($4,400).
Attachments:
Memo to Deputy Director Public Utilities
Memo From Commercial Chemical
MEMORANDUM
THROUGH:
DATE:
Dan Beatty, Deputy Director Public Utilities
Jackie Rooney, Purchasing Manager(~K
Joseph SaUce Director
December 26, 2002
SUBJECT: Purchase of Sodium Hypochlorite
The contract with Commercial Chemical for the purchase and delivery of sodium
hypochlorite in small trucks expired on September 30, 2002. This contract was approved
at the November 07, 2000 City Commission meeting. In 1999 the Water Treatment Plant
recommended award to Commercial Chemical as they were the only vendor that would
make deliveries to our sites in small trucks. The previous vendor had delivered bulk via a
tractor trailer and they were not able to complete the delivery as they could not turn the
large tractor trailers in our limited space because the City had added additional sites.
I have contacted the vendor, Commercial Chemical, and they have agreed to extend their
contract through the year 2003 at the same cost of $.88 per gallon delivered. Therefore
this renewal would expire December 31, 2003. See attached letter dated December 23,
2002 from Commercial Chemical. Our estimated annual usage is 20,000 gal. for Water
Distribution and 5,000 gallons for Water Treatment Plant at $.88/gal. at a total of 25,000
gallons and an estimated annual usage of $22,000. Funding from account code 441-5123-
536-52.21 ($17,600)and 441-5122-536-52.21 ($4,400.).
If you approve of this one ye~:.mlt,ewal, please sign below and return to Purchasing and I
w~ard t~ City M~g~.r th) Commission agenda approval.
1~ Beatt~, Deputy Director ~fblic Utilities Da{'e
Attachments:
Letter from Commercial Chemical
2001 Commission Award
cc: Richard Hasko, Director of Environmental Services
Scott Solomon, Manager Water/Sewer
John Bullard, Manager Water Treatment Plant
DEC ~3
' 02
04:36PM
CommercialChemical
P.I/1
December 23, 2002
Ms. Rooney
Purchasing Supervisor
City of Delray Beach
200 SW 6th Street
Delray Beach, FL 33483
Dear Ms. Rooney.
Commercial Chemical is happy to extend the City of Delray Beach the same pricing for
liquid chlorine (sodium hypochlorite) of $.88 per gallon through 2003
Should you need any further information, please do not hesitate to contact me at 800-
778-7665_
We truly look forward to serving your chemical needs for the upcoming year and
appreciate the chance to serve you.
Respf~t/ully,
Kim Ptai~tnce
Regional Manager
ORLANDO - DAYTONA · JACKSONVILLE . ST. AUGUSTINE - MELBOURNE - FORT LAUDERDALE
AGENDA REQUEST
Request to be placed on: January 07, 2003
Date: December 30, 2002
XX Consent Agenda ~ Special Agenda ~ Workshop Agenda
Description of agenda item:
Contract renewal with Commercial Chemical for the purchase of Sodium Hypochlorite at an
estimated annual cost of $22,000.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Award to Commercial Chemical for the purchase of Sodium Hypochlorite at an estimated annual
usage of $22,000.
Funding from account codes 441-5123-536-52.21 for $17,600 and 441-5122-536-5~1.21 for
$4,400. )~ ~ ~'~
Department Head Signature..~----~~ ~~
Determination of Consistency wi mprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes v/' No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda~
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
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
C. Dangers Beatty, ~.E. ~<~
Deputy Director of Pu~ Utilities
December 30, 2002
PURCHASE OF NEW SUV
Attached is an agenda request for the purchase of an SUV to support the GIS/Hansen Data
Acquisition Program. The purchase of this vehicle was approved in the 2002/2003 Operating
Budget for Water Distribution (see attached Detail Budget Sheet). Bill Darty in Fleet Maintenance
provided the pricing and specifications based on the ~'sA and F/kC B±d No. 02-10-0826 for
vehicle purchase. The 2003 Chevy Blazer was the lowest price SUV at a total price of $19,170.00
after deleting certain options and adding other options (see attached). Funding for this expenditure
is available in Water Distribution Operating Account # 441-5123-536-64.20, Automotive. (Budget
Transfer attached)
Please place this item on the January 7, 2003 Agenda for consideration by City Commission.
CDB/ped
CC:
Richard C. Hasko, P.E., Director of Environmental Services
Scott Solomon, Manager of Water & Sewer Network
City Clerk
Agenda File
U'\wwdataWlemo\C~ty ManagerhUurchase of Utility Truck 123002 doc
2003 Chevrolet Blazed 4 Door Mid Size Utility Vehicle
Base Price Southern
Option/Complete Set of shop Manuals
Option/5~75 Manufacture's Extended Extra Care Warranty
Delete/Power Windows/Door Locks
Delete/Speed Control/Tilt Wheel
Total Price
$18,630
$200
$835
-$300
-$200
$19,165
Funding Source 441-5123-536-6420 - Automotive
Budget transfer from 441-5123-536-6411- Computers
$18,900
$265
Vehicle specifications approved by Bill Darty, Fleet Superintendent
Other Vehicles on the approved List
FoR Explomr $20,900
Jeep Grand Che~kee $21,883
Dodge Durango $20,743
0 00000 0
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0 O0
0 O0
0 O0
',,O 0
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<2>
No,
Request to be placed on:
X Regular Agenda
__ Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Agenda Item ~./---~
Date: December 30, 2002
When: January 07, 201}3
Description of item (who, what, where, how much): Staff requests Commission award the purchase of a
2003 Cheverolet Blazer in the amount of $19,170.00. This vehicle is available via FSA & FAC Bid lqo. 02.
10-0826. Funding for ttus expenditure 1S available in Water Distribution Operating Account # 441-5123-
536-64.20, Automotive.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends award of the purchase in the amount of $19,170.00.
Department head signature: ~'~d ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (re~_q~ired on al~nvolving expenditure of funds):
Funding avadable~,~NO
Funding alternatives (if applicable)
Account No. & Description '/~/1
Account Balance
City Manager Review:
Approved for agenda: )fE~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/D~sapproved
U \wwdataWorms~Agenda RequestskAgendaReq - Utdity Truck 123002 doc
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David Harden, City Manager
Jacklyn Rooney, Purchasing Manager ~,
Joseph Saffl~ance Director
January 02, 2003
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
JANUARY 07, 2003 - PURCHASE AWARD
OF ONE (1) 2003 FORD EXCURSION VIA THE FLORIDA
SHERIFFS ASSOCIATION BID #02-10-0826
Item Before Commission:
City Commission is requested to approve award to McCotter Ford for the purchase of one (1)
2003 Ford Excursion via the Florida Sheriffs Association Bid #02-10-0826 for the total of
$30,948.
Background:
The City of Delray Beach Police Department has requirements for a vehicle to support the City's
traffic enforcement requirements as a result of being awarded a State grant. See attached memo
from Police Department dated December 16, 2002.
This vehicle is available from the Florida Sheriffs Association Bid #02-10-0826. Attached is a
copy of the Florida Sheriffs Association pricing sheets for the vehicle award and additional
options available chosen by the Police Department.
Funding in available from a Florida Department of Transportation highway safety funds grant
agreement valid till October 01, 2003 per attached memo dated November 26, 2002.
Recommendation:
Staff recommends award to McCotter Ford for the purchase of one (1) 2003 Ford Excursion at a
total cost of $30,948. Funding to come from 501-3312-591-64.20. State Grant, once received,
will be deposited into Garage Revenues.
Attachments
Memo from Police Department
Memo from Florida Department of Transportation
Florida Sheriffs Association Specifications
Cc: David Junghans, Administrative Services Director
Mary Ann Young, Accountant 1I
Delray Beach Police Department
Ali-America Cdy
(561) 243-7888 Fax (561) 243-7816
1993
Joseph L. Schroeder 2001
Chief of Pohce
MEMORANDUM
TO:
FROM:
Jackie Rooney
Purchasing Superior
David Junghan~,~,~/-',~
Administrative Servls~ Director
DATE:
December 16, 2002
SUBJECT: AGENDA REQUEST
Enclosed please find our Agenda Request, for the purchase of a 2003 Ford
Excursion. The purchase of the vehicle is the result of a State grant that has
been awarded to the Police Department. The vehicle will be used, per the grant,
in the area of traffic enforcement.
The purchase price of the vehicle is $30,948.00. The vehicle will be purchased
through the Florida Sheriffs Association and Florida Association of Counties, Bid
# 02-10-0826.
Should you have any questions or require additional information, please call or e-
mail me, and I will provide the necessary information.
DJ/
Enclosure
Serving with P.R. LD.E.
Professionalism, Respect, Integrity, Diversity and Excellence
12/31/02 13:50 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~007
JEB BUSH
GOVERNOR
Florida
Department of Transportation
605 Suwannee Sv. reet
Tallahassee. Florida 32399-04§0
THOMAS lr. BARRY, JR.
SECRETARY
November 26, 2002
Mr. David T. Harden
City Manager
City of Defray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
Delray Beach Speed Enforcement Program
Project No.: FS-03-27-17
D.O.T. Contract No.: AN082
Dear Mr. Harden:
Your application to the Florida Department of Transportation for highway safety funds has been approved. We are
pleased to make this award in the amount of $39,308 to your agency for the purpose of purchasing one fully
equipped patrol vehicle to enhance traffic enforcement in the City of Delray Beach. A copy of the approved project
agreement with the referenced project number and title is enclosed for your file. All correspondence with the
Department should always refer to the project number and rifle.
Please direct your attention to Part V of the subgrant entitled "Acceptance and Agreement". These conditions
should be reviewed carefully by those persons responsible for project administration to avoid delays m project
completion and cost reimbursements. The effective date of the agreement is November 25, 2002 and only those
costs incurred on or after that date and before October 1, 2003 are eligible for reimbursement. As a reminder, Part V
requires that all reimbursement claims must be submitted monthly, as costs are recurred. Claims not submitted as
required may be grounds for termination of your subgrant.
If your subgrant contains personnel, you must provide this office with the name of the individual whose salary is
covered under the grant. If notification is not provided to this office, salary will not be reimbursed. In addition, if
personnel changes occur during the grant period, this office must be notified immediately.
We look forward to working with you on this project. If you have any questions or need assistance, please contact
Lisa Helms at (850) 488-5455, who will be coordinating this activity.
(3ER: nil
Enclosures
Sincerely,
State Safety Engineer
cc:
Chief Joseph L. Schroeder
David/unghans
Joseph Safford
Josephine Jones
Troy Ayers
dot. state.fLus
12/31/02 ~13:47 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~001
FLORIDA SHERIFFS ASSOCIATION
& FLORIDA ASSOCIATION OF COUNTIES
2003 FORD EXCURSION
Specification # 11
(Extended Wheelbase Utility, 4 x 4)
The Ford Excursion purchased through this contract comes with all the standard equipment as
specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements
which are included and made a part of this contract's vehicle base price as awarded by manufac-
turer by specffication by zone.
ZONE: ~ Western ~r Northern ~ Central ~ Southern
BASE PRICE: $28,586.00 $28,512.00 828,498.00 $28,586.00
While the Florida Sheriffs Association and the Florida Association of Counties have attempted to
identify and include those equipment items most often requested by participating agencies for
utility vehicles, we realize equipment needs and preferences are going to vary from agency to
agency. In an effort to incorporate flexibility into our program, we have created specific add/delete
options which allow the purchaser to tailor the vehicle to their particular wants or needs.
The following equipment delete and add options and their related cost are provided here to assist
you in approximating the total cost of the type vehicle{s) you w/sh to order through this program.
Simply deduct the cost of any of the following equipment items you wish deleted from the base
cost and/or add the cost of any equipment items you wish added to the base unit cost to determine
the approximate cost of the type vehicle(s) you wish to order.
NOTE: An official listing of all add/delete options and their prices should be obtained from the
appropriate dealer in your zone when preparing your order. Additional add/delete options other
than those listed here may be available through the dealers, however, those listed here must be
honored by the deniers in your zone at the stated prices,
~r = Specification Low Bid
DEL,E'rE/,nJ)D O~Ot~
Every line ~ll r~ a ~
or ~e of~e fo~ abb~ns:
Std. = mm~cm~ss~d~ equip,
~. = ~cluded ~ ba~ spe~.
= ~o ad~n~ ch~ge
~ ~t applicable to
= op~n not btd ~
Bid Award Announcement (02-10-0826)
12/31/02 13:48 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~002
~HICLE: Excursion Excursion Excursion Excursion
DIbbLER: McCotter Duval Don Reid McCotter
ZONE: * Western ~ Northern ~- Central * Southern
I~A~E PRICE: $28,586.00 $28,512,00 $28,498.00 $28,586.00
Code
875/574
875
99L/950A
Delete Options Western Northern Central Southern
3rd seat & rear AC $ 900.00 $ 843,00 -- $ 900.00
3rd seat -- -- $ 300.00 --
Engine: 5.4L V8 in lieu $ 190,00 $ 105.00 $ 200.00 $ 190 00
of 6,8L V 10
Limited slip differential $ 140.00 $ 113.00 $ 100.00 $ 140.00
Order
Code Add Options
Western Northern central Southern
-- Std. NC
Manufacturer's heavy-du~y NC
towing package with class
~V receiver hitch with heavy
duty cooling package
Bar/2" Ball Manufacturer's heavy-duty --
towing package with class
IV receiver hitch with heavy
duty cooling package
99F/940A Engine: 7,3 diesel
99P Engine: 6,0 diesel $
54T Mirrors, camper type $
413 Sldd plate pkg. $
AM/FM cassette radio
581 AM/FM radio with $
6 CD
588 AM/FM radio with
single CD
AM/FM cassette/CD radio Std.
3K Third key $ 78.00
HLF Headlight flashers $ 109.00
I~ Rainshields $ 98.00
Remote controlled outside Std.
left hand mirror
GG Wrap-arotmd grille guard $ 745,00
Captain chairs, front $ 275.00
574 Dual AC Incl.
*(NA rear seat delete)
T4T A/T tires $
U45 Manufacturer's model $
upgrade pkg. (E. Bauer)
{please specify pkg. bid)
U43 Manufacturer's model
upgrade pkg. (Limited)
(please specify pkg. bid)
Manufacturer's model
upgrade pkg.
(please specify pkg. bid)
XLT
65.00
4,815.00 $ 3,986.00 -- $ 4.815,00
4,815.00 -- $ 4,140.00 $ 4,815.00
95.00 $ 95.00 NA $ 95.00
415.00 NA NA $ 415,00
NA Std. Std, NA
255.00 -- -- $ 255.00
130.00
5.010.00
6,215.00
$ 255.00
Incl. $ 255.00 Std,
$ 78.00 $ 95.00 $ 78.00
$ 126.00 $ 125.00 $ 109,00
$ 89.00 $ 125.00 $ 98.00
Std, $ 95.00 Std.
$ 529.00 $ 695.00 $ 745.00
$ 275,00 $ 275.00 $ 275.00
Ind. $ 705.00*
$ 130.00 $ 130.00 $ 130.00
-- -- $ 5,010.00
$ 2,836.00 $ 2,170.00
$ 6.215.00
Bid Award Announcement (02-! 0-08~6) 345
12/31/02 13:50 FAX 561 243 7816 DELRAY BEACH POLICE DEPT ~006
VEHICLE:
DEALER:
ZONE:
BASE PRICR:
Excursion Excursion Excursion Excu~sion
McCotter Dural Don Reid McCotter
Western * Northern * Central ~r Southern
$28,586.00 $28,512.00 $28,498.00 $28,586.00
Orde~
Code
Add Options (cont'd)
Western
R,E.S.C.U.E.R.E.S.C,U.E. Electronic
COOL-G
DSM
$
Remote Rear Door Opemng
system to be used with the
E/Z Rider K-9 Container.
Allows the officer to release
the K-9 from the vehicle
from a remote position.
CoolGuard Heat Alarm $
System to be used in a
K-9 vehicle. Warns officer
when dangerously high
temperatures are inside
the veh/cle.
Complete set of shop $
manuals ONLy
5/75 Manufacturer's $
Extended Base C~re
Warranty ($0 deductible)
S~ Page 957
5/75 Manufacturer's $
Extended Extra Care
Warranty {$0 deductible)
5/75 Manufacturer's
Extended Power Train
Warranty {$0 deductible}
5/75 Manufacturer's $
Extended Base Care
Warranty {$0 deductible) -
Diesel
5/75 Manufacturer's $
Extended Extra Care
Warranty ($0 deductible} -
Diesel
5/75 M~ufacturer's
Extended Power Train
Warranty ($0 deductible] -
Diesel
581.00
510.00
297.00
1,410.00
Northern Central
$ 581.00 $ 795.00
535.00 $ 795.00
325.00 $ 295.00
1,410.00 $ 1,410.00
1,790.00 $ 1,790.00 $ 1,790.00
Southern
$ 581.00
$ 510.00
$ 297.00~
$ 1,410.00
$ 1,790.00
1,285.00 $ 1,285.00 $ 1,285.00 $ 1,285,00
2,100.00 $ 2,100.00 $ 2,100.00 $ 2,100.00
2,285.00 $ 2,285.00 $ 2,285.00 $ 2,285.00
1,520.00 $ 1,520.00 $ 1,520.00 $ 1,520.00
Bid Award Announcement (02-10-0826) 349
AGENDA REQUEST
Date: December 16, 2002
Request to be placed on:
X Consent Agenda
Special Agenda
Workshop Agenda
When: January 6, 2003
Description of agenda item:
This request is for the approval for the purchase of a 2003
Ford Excursion, from McCotter Ford. The funding for the
vehicle is as a result of the Police Department being awarded a
State grant. The vehicle will be used to support the
Departments traffic enforcement requirements as a result of
the State grant. The purchase of the vehicle will be from the
Florida Sheriffs Association and Florida Association of
Counties, Bid #02-10-0826.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES NO X
YES NO X
Recommendation: Approval
Department Head Signature: ~
Determination of Consistency with Comprehensive Plan: N/A
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds): z~
Funding available: Yes
Funding alternatives (if NIA t~--z,~O'~'~
applicable):
No
Account Number:.
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved: Disapproved:
P.O. #
I:ITY OF DELRI:IY BEI:II:H
FIRE DEPARTMENT
DELRAY BEACH
993
SERVING DELRAY BEACH
MEMORANDUM
To:
From:
Date:
Subject:
David T. Harden, City Manager
Kerry B. Koen, Fire Chief ~,
January 3, 2003
Recommended Purchase - Rescue Units
· GULFSTREAM o HIGHLAND BEACH
We solicited price quotations from the three designated vendors supplying
medium-duty rescue vehicles similar to current units in service in Delray
Beach through the Florida Sheriffs Association (FSA) state-wide bid package.
This approach utilizes a base bid with local preferences and specfiacations
added until your local vehicle requirements are satisfied. The firms included
in the FSA vendor list include: Elite Fire & Safety Equipment; Medtec; and
Wheeled Coach Industries, Inc.
Responses were received from all vendors between December 5th to
December 16th, 2002. During the month of December proposals were
analyzed by staff of both Fire-Rescue and Public Works. Certain
clarifications and additional information was requested from both Medtec
and Wheeled Coach based on their submittals.
Elite informed the City on December 5th that it "declined to offer a proposal
on this project", without utilization of the Comply/Deviation format - the
general industry standard and the city's historical design for Fire-Rescue
apparatus specifications. Accordingly, we proceeded to evaluate the properly
submitted responses from Medtec and Wheeled Coach. Both firms took some
exceptions to our local specifications - which is both a routine, and a normal
part of the proposal process.
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Pnnted on Recycled Paper
David T. Harden, City Manager
Recommended Purchase - Rescue Units
Page 2
The Wheeled Coach proposal took several exceptions and did not include
pricing for a critical component - on board 115Volt AC Power (compliance
with this omission would significantly increase the base bid price, possibly as
much as $4,000); and the vendor did not commit to meeting or taking
exception to the specific requirements of the Department, but rather to "meet
the basic requirements of the department. This statement would seem to
leave the matter of compartment size, utilization, and etc. and related design
compliance in the hands of the vendor. Since the Department utilizes a
"supply bin" stocking and access system, this deviation would be totally
unacceptable in light of the lack of specificity as to what deviations might be
required. Their proposed Gross Vehicular Weight Rating (GVWR) is a
minimum of 20,000 pounds which clearly deviates from the announced
Delray Beach requirement.
The Medtec proposal also takes a number of exceptions, but these do not rise
to the level of concern in the Wheeled Coach proposal. Their proposed Gross
Vehicle Weight Rating is 25,500 pounds and complies with stated criteria.
This is especially important in terms of current flexible deployment and
support options which the Department must consider. Medtec takes no
exception to interior compartment design standards.
The pricing of the Wheeled Coach unit is not specific. We have had to
extrapolate a price based on the Medtec pricing for the 115Volt on-board
power supply. The Wheeled Coach bid includes $5,623 for optional
equipment, which will be deducted from their base bid for comparison
purposes.
PRICE COMPAIRSONS
Wheeled Coach Medtec
Proposed Base Prme $169,836 $173,000
Optional Eqmpment
Adjusted Base
Reqmred Eqmpment
Equihzed Base
Multx-Umt D~scount
(-$5,623)
$164,213
n]a
$173,ooo
+ $4,000 ~ncluded
$168,213 '$173 000
TOTAL Purchase Price $168,213
(-$1,500 per umt)
$171,500
(1) Needed loose sh~pped optional eqmpment will be purchased on the open, competitive market
(2) On-board 115Volt power Is essentml and must be ~ncluded with factory eqmpment, and a lower GVWR lessens deployment
options
(3) The discount amount ~s based on the purchase of three umts - two by Delray Beach and one by H~ghland Beach If only two umts
were purchased altogether, the d~scount amount would be $1,000 per umt
David T. Harden, City Manager
Recommended Purchase - Rescue Units
Page 3
In summary, the Medtec proposal, while not the lowest bid, is clearly the
most responsive of the two. When critical components such as interior
cabinetry and gross vehicle weight towing capacity are considered, the
Medtec proposal is superior, less than 2% higher than the Wheeled Coach
estimated total purchase price. Accordingly, the purchase of two rescue units
is recommended from this firm with a total purchase price of $343,000. An
extended service warranty option will be considered prior to delivery.
Medtec is a Pierce company, the makers of eight of our primary fire
apparatus units. We have found Pierce, and their local distributor, Ten-8
Fire Equipment, to be reliable and responsive partners with Delray Beach
Fire-Rescue for over the 15 years. Their service is reliable, and theft
represented products are well designed and properly engineered.
Kerry B. Koen
Fire Chief
KBK/tw
CC~
Robert Barcinski
Ben Saag, Town of Highland Beach
Rich Olsen
Bill Darty
Chief Fitzer
Chief Moreland
Lt. Anderson
~Date: 1/3/03
AGENDA REQUEST
Request to be placed on:
~ Consent Agenda X Regular Agenda __ Workshop Agenda
When: January 7, 2003
Description of agenda item (who, what, where, how much):
Recommend purchase of a two rescue units m the amount of $343,000 from
through the Honda Sheriffs Associauon (FSA) state-wide Nd package.
purchase IS available fro~a account ~501-3312-591-64-20.
Department Hea~t% L ~ l~ L
Signature: [,.~4 ?"~ I~J/r~ -- '~' '
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review (required on all ite~lv, ing expenditure of funds):
Funding Avaflable:~/No Ini.als:
Account Number
Descnpuon
Account Balance:
Funding Altemauves:
City Manager Review:
Approved for Agenda: ~ezs// No Initials:
Hold Unul:
Agenda Coordinator Review:
Received:
Medtec
Funding for this
__ Specml Agenda
Of apphcable)
oX"
Memo
To-'
From:
Date:
Re:
David Harden, C~ty Manager
Lula Butler, Director, Community Improvement
January 3, 2003
Request to Release Liens - 415 NW 2nd Street
ITEM BEFORE THE COMMISSION:
City Commission consideration of a request from Mr. Nicholas Arsali to waive the
administrative and interest assessed on Code Enforcement liens resulting from the
abatement of nuisances to the property addressed as 415 NW 2"d Street between 1993 and
2002. The outstanding amount of the lien as of January 2nd is $8,848.05.
BACKGROUND:
I have attached a copy of the original correspondence from Mr. Arsali dated July 16, 2002. It
appears from his letter and my conversation with h~m, that he did not verify, prior to
purchasing this lot from a Tax Deed sale, if there were any other liens assessed on the
property. It appears that Mr. Arsali is an investor looking for new opportunities. He has stated
that he ~s planning to improve the property in the near future.
The City has expended $4,164.92 for the abatement of nuisances on this property; the
balance of the money $4,683.13 is from administrative fees and accrued interest assessed
as a part of the lien.
RECOMMENDATION:
Staff is recommending denial of the request from Mr. Nicholas Arsali to waive the interest and
administrative fees assessed as a part of the code enforcement I~ens to the above-referenced
property. The investor should be required to pay the City the full amount owed on this parcel.
LB:DQ
Attachment
Mr. Nicholas Arsali
Cost Breakdown - 415 NW 2nd Street
Invoice
Type of Work
Out-of-
Pocket
6/18/2002 Nuisance Abatement
1/29/2001 Nuisance Abatement
5/11/2001 Nuisance Abatement
1/10/2001 Nuisance Abatement
2/19~2000 Nuisance Abatement
3/29/2000 Nuisance Abatement
5/19/1999 Nuisance Abatement
8/13/1998 Nuisance Abatement
2/26/1998 Nuisance Abatement
7/24/1997 Nuisance Abatement
1/14/1996 Nuisance Abatement
6/20/1996 Nuisance Abatement
6/12/1996 Nuisance Abatement
0/12/1995 Nuisance Abatement
6/13/1995 Nuisance Abatement
11/4/1994 Nuisance Abatement
7/26/1994 Nuisance Abatement
5/19/1994 Nuisance Abatement
1/14/1994 Nuisance Abatement
9/30/1993 Nuisance Abatement
6/10/1993 Nuisance Abatement
1/28/1993 Nuisance Abatement
108.35
90,13
30.00
30.00
96.03
75.90
79.00
61.00
77.00
69 00
69.00
61.00
99.00
64.00
56.77
52.25
58.25
70.00
60.00
2263.00
448.5O
146.74
Totals:
$4,164.92
Payments by Vendors:
Recording Charges:
Administrative Fees:
Interest To-Date:
$4,164.92
$67.72
$1,550.97
$3,064.44
Admin
Char_cie
80.00
80.00
15.o0
15.00
70.oo
70.o0
70.00
70.00
70.00
70.00
70.00
70 00
70.00
70 .o0
70.00
70.00
70,00
70.00
70 .o0
226.30
70.00
14.67
$1,550.97
Recording
Fee
o.00
0.o0
7.43
7.45
3.11
4.83
3.51
2.61
2.47
2.97
4.36
4.42
3.77
2.64
2.67
2.40
2,40
1.90
5.83
o.oo
2.95
0.o0
$67.72
Total Lien: $8,848.05
Nicholas Arsali, Ph.D. P.E.
3 Harbour Drive North
Ocean Ridge, FL 33435
(561) 740-1320, Fax I561) 70,0-1319
July 16, 2002
Lula Butler
Director of Community Improvement
City of Delray Beach
100 NW 1a Ave.
De[ray Beach, FL 33444
Via Fax # ('561) 243-7221
RE: 415 NW 2~a Street, Delray Beach, FL 33444
Dear Mrs. Butler:
I purchase the subject property on July 2, 2002 from the Clerk of the Circuit Court's lands
available for Tax Deed Sale. On July 10, 2002 I went to the City of Delray Beach Code
Enforcement Department and I was advised that there is a total lien of $8,573.82 on the property
(copy Attached). I would have not bought the property ifI was aware of this lien, however, it is
too late and I am planning to improve the property.
I would appreciate an opportunity to go before the City Commission for a lien reduction
consideration.
Please call me at (561) 740-13 20 if you have any questions or need additional information.
RECEIVED
JUL 1 6 200?.
COMM. iMP. AgMIN.
Date: January 3, 2003
Agenda Item No. ~
AGENDA REQUEST
Agenda request to be placed on:
X Regular __ Special
When: January 7, 2003
Description of Agenda Item:
Request to Release Lien - 415 NW 2na Street
Ordinance/Resolution Required: Yes / No
__ Workshop
Consent
Draft Attached: Yes / No
Recommendation: Denial
·
Department Head Signature.
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda: ~No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
[IT¥ OF DELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
Writer's Direct L~ne' 561/243-7091
MEMORANDUM
December 31, 2002
TO:
FROM'
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Intedocal A.qreement Between the City and the CRA
The attached Interlocal Agreement between the City and the CRA provides for the
financial contribution between the City and the CRA regarding the relocation of the
FPL transmission lines on SE and NE 2nd Avenue from SE 1st Street to NE 2nd
Street to an area just east of the FEC railroad tracks.
This Agreement provides for the payment of funds from the City and the CRA to
FPL in order for the transmission lines to be removed. Both parties have
previously paid to FPL a portion of the removal fee. FPL as well as other property
owners in this area shall also share in the removal cost.
By copy of this memo to David Harden, our office requests that this item be placed
on the January 7, 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
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH
AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
REGARDING THE REMOVAL OF CERTAIN FPL TRANSMISSION LINES
THIS INTERLOCAL AGREEMENT is made this ~ day of ,
2001 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation
("City")
("CRA").
and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
WITNESSETH:
WHEREAS, the City and the CRA deem it to be in the best interest of the public
to relocate the FPL transmission lines found on S.E. and N.E. 2nd Avenue between S.E.
1st Street and N.E. 2nd Street to an area just east of the FEC railroad tracks;
WHEREAS, the City and CRA, as well as other property owners and FPL, shall
share a portion of the cost of the relocation.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. Recitations. The recitations set forth above are hereby incorporated
herein.
2. Payment by City. The City has already paid to FPL the amount of
$72,500.00 and shall make another payment to FPL in the amount of $44,156.50 within
30 days of the adoption of this Agreement by both the City and the CRA.
3. Payment by CRA. The CRA has already paid to FPL the amount of
$87,906.50 and shall make another payment to FPL in the amount of $43,750.00 within
30 days of the adoption of this Agreement by both the City and the CRA.
4. Term. The term of this agreement shall commence when approved by
both parties and when executed by the last signatory to this agreement and shall expire
within 60 days after the removal and relocation of the FPL transmission lines.
5. Interlocal Agreement. This Interlocal Agreement shall be filed pursuant
to the requirements pursuant to Section 163.01(11 ), Florida Statutes.
6. Final Aareement; Modification. No prior or present agreements or
representations with regard to any subject matter contained within this agreement shall
be binding on any party unless included expressly in this agreement. Any modification
of this agreement shall be in writing and executed by the parties.
7. Severability. The invalidity of any portion, article, paragraph, provision,
clause, or any portion thereof contained within this Agreement shall have no force or
effect upon the validity of any other portion hereof.
8. Laws; Venue. This Agreement shall be governed by and in accordance
with the Laws of Florida. Venue for any action arising from this agreement shall be in
Palm Beach County, Florida.
9. Assi_~nment. Neither the City nor the CRA shall assign or transfer any
rights or interest in this Agreement.
10. Siqnatures Required.
the Mayor and City Clerk.
This Agreement shall not be valid until signed by
ATTEST:
City Clerk
Approved as to Form:
ClTYOF DELRAY BEACH, FLORIDA
By:.
David W. Schmidt, Mayor
City Attorney
Witnesses:
Print Name:
Print Name:
COMMUNITY REDEVELOPMENT AGENCY
By:.
Print Name:
Title:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument
., 200_ by
title of officer or agent) of
acknowledging), a
behalf of the corporation.
take an oath.
was acknowledged before me this day of
(name of officer or agent,
(name of corporation
(state or place of incorporation) corporation, on
He/She is personally known to me or has produced
(type of identification) as identification and did (did not)
Signature of Notary Public - State
of Florida
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~_~~
3 January, 2003
Pineapple Grove Way
Construction Contract Award
City Project #99-039
The attached agenda item is for Commission authorization/approval to issue check to Florida
Power & Light (FPL) in the amount of $44,156.50, for work to be completed associated with the
Pineapple Grove Way project.
The City already paid FPL $72,500.00 toward the moving of the transmission lines along
Pineapple Grove Way between SE 1st Street and NE 2ha Street, see attached map. Pineapple
Grove Mainstreet and the abutting property owners desired these transmission lines be relocated
to the FEC corridor. FPL has agreed and the new cost is $410,204.00. The CRA, City and
abutting property owners have agreed to split the remaining cost as follows:
Total Cost $410,204.00
FPL Share (149,391.00)
Previously Paid by City: ( 72,500.00~.
Previously Paid by CRA: ( 72,906.50)
Balance $115,406.50
Less additional payments:
Pugliese Company
Louie Louie Too
Block 77 (fronted by CRA)
Balance due FPL
(10,000.00)
(2,500.00)
(15,000.00)
$ 87,9O6.5O
The City and CRA had agreed to each pay half the cost after deducting FPL's share and private
payments. Due to an additional $406.50 fronted by the CRA, the City's share of the remaining
amount due is $44,156.50 and the CRA's remaining amount due is $43,750.00.
FPL would like to start this work in Jan 2003, so if this meets with your approval please place on
the 07 Jan 2003 agenda.
enc
CC:
Richard Hasko, PE, Director of Environmental Services
File 1999-039
S:tEngAdrnintProjects[ 1999~99-039tOFFICIAL t2003jan07 agendamemo doc
12/.~0/02 MON 22:38 FAX 561 694 4282 POWER DELIVERY SERVICES ~001
PI=L.
Transmission Engineering - TLE/JB
P.O. Box 14000, Juno Beach, FL $3~08-0420
December 30, 2002
Mr. Randal L. Krejcarek, PE
City Engineer, City of Delray Beach
434 S. Swinton Avneue
Delray Beach, Florida 33444
Re: Proposed Relocation of Transmission Line to FEC Right-of-Way
Dear Randal:
Thank you for your fax.
which have been made to date:
Here is a summary of the information related to contributions
Presented to David Harden, City Manager
Cost of relocation (including FEC easement)
Previously paid by the City of Delray Beach
FPL contribution previously committed
Amount remaining Fall of 2002
$410,204.00
($72,500.00)
($149,391.00)
$188,313.00
My understanding was that the $188,313 would be made up from contributions which
were found obtained through the work of Pineapple Grove Mainstreet with the balance
to be split between the City and the CRA as follows:
Additional payments received to date:
Pugliese Company
Louie Louie Too (Steve Cohen)
($10,000.00)
($ 2,5oo,oo)
Balance to be split two ways
$175,813.00
Contribution received from CRA
($87,906.50)
Outstanding balance for project from City:
$87,906.50
The above figures were my interpretation from the last meeting we had with the CRA
and the City and the basis for the invoices that were sent to the City and to the CRA. I
did not have the Block 77 commitment amount until today. How the amounts are
divided between the CRA and the City can certainly be adjusted as long as the
remaining $87,906.50 is contributed to the project.
an FPL Group coml~any
12X30/02 MON 22:38 FAX 561 694 4282 PO~/ER DELIVERY SERVICES ~002
Transmission Engineering - TI.~JB
P.O. Box 14000, Juno Beach, FL 33408-0420
Please let me know if there is any other information I can provide to resolve these
issues, FPL would like to move forward with this project as quickly as possible.
If you have any questions, please contact me at (561)694-4746.
Thank you,
David K. Weda
Transmission Projects
an FPL Group company
12/16/02 MON 15:36 FAX 561 694 4282 POWER DELIVERY SERVICES ~ ~002
Tr'~rl$111i.~JOl'l Engineering - 'n.E/JB
P.O. Box 14000, Juno Beach, FL 33408-0420
Miscellaneous Bill
In account with;
At'm: Randal Krejcarek
City Engineer- City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Florida 33~,~,~
Please mail check with this invoice to:
Florida Power & Light Company
Attention: Eduardo Garcia, Relocation Coordinator TLE/JB
PO Box 14000
Juno Beach, Florida 33408
Date Details A~ount
10/25/02 Transmission Work Order 550-9-476 $87,906.50
Partial contrfbution of project to relocate
Transmission facilities from Pineapple Grove
Way
This invoice amount $87,906.50
Previous balance $ 0
Total Amount Now Due $87,906.50
an FPL Group oompany
N.E~. . ~ 2ND
, > [ c LJ Z
..... ,,, .... ~ ? ._ _ ...... :m
~ ' .... j ~T L .... A N"T I C '
~ ~ ....
..... i lll~
E~~R~~P~ Pineapple Grove Way 8x11Li~htlngFPL
Date: 31 Dec 2002
Request to be placed on:
X Consent Agenda
When: 07 Jan 2003
AGENDA RE¢tUEST
AGENDA ITEM NUMBER:
Regular Agenda Workshop Agenda
Description of Agenda Item (who, what, where, how much):
Special Agenda
Request for Commission authorization/approval to issue check for $44,156.50, to
Florida Power & Light for work to be completed associated with the Pineapple Grove
Way project. ~~~./~~..~~
Department Head Signature: ·
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
FundingAvailable: ~/No Initials: ,~ ~ f~--[:ll,],e~- ~/~~ ~7~c~','''~
Account Number 119-4151-572-63.90
Pineapple Grove FPL Poles
$288,310.00
(ff apphcable)
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda~/¥~] No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
S:\EngAdmin\Projects\1999\99-039\OFFICIAL\2003jan07 agenda doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ---- - REGULAR MEETING OF JANUARY 7. 2003
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO
HANDLE/CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND
REPRESENT THE CITY AT LOGIC & ACCURACY TESTS FOR THE
MUNICIPAL ELECTION
DATE:
JANUARY 3, 2003
This is before the City Commission to authorize Theresa LePore, Palm Beach County Supervisor of
Elections, to handle the City's absentee ballots for the March 11, 2003 municipal election. Ms.
LePore's office is equipped with a computerized system for monitoring ballot requests, distributions,
accounting for unreturned ballots, as well as electronic signature verification. She will also insure that
the absentee ballots are held in safekeeping prior to canvassing. The Supervisor of Elections should
also be authorized to represent the City at the canvassing of the absentee and provisional ballots.
It is further recommended that Ms. LePore be designated to represent the City's canvassing board at
the logic and accuracy (L&A) testing of the electronic tabulating equipment. The L&A tests will be
conducted on Monday, March 3, 2003 at 10:00 a.m. at the Supervisor of Elections office, 240 South
Military Trail, West Palm Beach, for the March 11th election as well as on election day both before and
after counting of the ballots.
With the new voting system in place, there has been an increase in the number of absentee and
provisional ballots. Provisional ballots are voters whose eligibility cannot be verified on Election Day.
Should an elector enter a precinct and their eligibility cannot be established they are given a
provisional ballot, which must be verified by the Supervisor of Elections. Therefore, it is
recommended that the Special Meeting and Workshop now scheduled for Wednesday, March 12,
2003 be rescheduled to Thursday, March 13, 2003 to allow for the canvassing of the absentee and
provisional ballots. Section 5.05 of our Code indicates that the results of the voting when ascertained
by the Supervisor of Elections shall be transmitted to the Commission at a meeting to be held not
later than three (3) days after such election.
Recommend authorizing the Supervisor of Elections for Palm Beach County to handle/canvass the
City's absentee and provisional ballots for the March 11, 2003 municipal election, and designate her as
the City's representative at the requisite logic and accuracy tests. In addition, we recommend
changing the Special Meeting date for canvassing the returns and declaration of the results of the First
Nonpartisan Election to Thursday, March 13, 2003. The Supervisor of Elections is not sure that all
absentee ballots can be counted and provisional ballots verified in one day.
Ref.'Agmemo Auth. Superwsor of Elect~ons. March 2003
Palm Beach County
THERESA LePORE
Supervisor of Elections
240 SOUTH MILITARY TRAIL
VVEST PALM BEACH, FL 33415
POST OFFICE BOX 22309
WEST PALM BEACH, FL 33416
TELEPHONE: (561) 656-6200
FAX NUMBER: (561) 656-6287
VVEBSI~: vwvw. pbcelections, org
QUESTIONNAIRE
PLEASE ANSWER THE FOLLOWING QUESTIONS AND RETURN THIS FORM AND A COPY OF
THE ACTION TAKEN TO APPOINT THERESA LePORE TO YOUR MUNICIPAL CANVASSING
BOARD BY JANUARY 25, 2003.
For your upcoming Municipal Election, do you wish to have Theresa LePom represent your Municipal
Canvassing Board, as an additional member of your Canvassing Board, at:
The Logic and Accuracy Test on the second Monday pdor to Election Day?
YES NO
Would you like Theresa LePore to:
4. Handle the Absentee Ballots for the Election?
YES NO
Canvass the Absentee Ballots for the Election?
YES NO
Signature of Municipal Clerk
Municipality
Date
PLEASE RETURN TO THE SUPERVISOR OF ELECTIONS BY JANUARY 25, 2003.
Revised 12/01/2002
MEMORANDUM
TO:
FROlVE
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE R
AGENDA ITEMx']]) - REGULAR MEETING OF JANUARY 7, 2003
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD
JANUARY 3, 2003
The terms for regular members Roger Simon, Anthony Vekri and Andrew Youngross will expire
January 14, 2003. Mr. Vekri filled the position of a Sub Contractor and Mr. Youngross filled the
position of a general Contractor. Both have completed an unexpired term, are eligible and would like to
be considered for reappointment. The term would be for three years ending January 14, 2006. Mr.
Simon is not interested in being reappointed at this time, creating a vacancy for a regular member filling
a real estate position for a three year term ending January 14, 2006.
There are currently two alternate positions vacant on the Code Enforcement Board; one for an
unexpired term ending January 14, 2004 to fulfill a Real Estate Person, and the other for a term ending
January 14, 2005 to fulfill a Layperson.
All members of the Code Enforcement Board must be residents of the City. Appointments to both
regular and alternate member positions shall be on the basis of experience or interest in the fields of
zoning and building control. The reg~_flar and alternate membership of the Board shall, whenever
possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and
a realtor.
The following have submitted applications and would like to be considered:
David Hawke
Mitchell Leiderman
Robert Marks
Willie Pons, Jr.
Anthony Vekri
Andrew Youngross
Architecture
Trial Attomey
Construction Inspector
Lawn Maintenance
Insurance
Engineer
(also applying for Board of Adjustment)
(also applying for Board of Adjustment)
(also applying for Nuisance Abatement)
(also applying for Nuisance Abatement)
(incumbent)
(incumbent)
A check for code viohfions and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered with the exception of Wdlie Potts.
Based on the rotation system, appointments for regular members will be made by Commissioner
Levinson, (Seat # 3), Commissioner McCarthy (Seat # 4), and Mayor Schmidt (Seat # 5). Appointment
for an alternate member with a term ending January 14, 2005 will be made by Commissioner Perlman
(Seat # 1) and an alternate member with a term ending January 14, 2004 will be made by Commissioner
Archer (Seat # 2).
Recommend appointment of three (3) regular members for a three year term ending January 14, 2006 and
two (2) alternate members to fulfill an unexpired term ending January 14, 2004 and January 14, 2005.
IIII;
BOARD MEMBER APPLICATION
1993
2001
Please type ot pnnt the followin~ inf,'~,,,fion:
2. Home Address:, ,
3. Legal Residence:
4. Principal Busine'ss Address: City
5. Home Phone: t Business Phone: 4 E-Mail Address:
t\
State
State
State
Zip Code
Zip Code
Zip Code
ICell Phone:
Fax:
6. Are you are. gistered voter? If so, where tre you registered?
7. Wh'at Boaxd(s) ate you inter.estec] m sen4ngO. Please. list il~ order ofprefexence:
8. List fll C. it3' Boaxds on ~d,.ich you tre currently ser~4ng or have previoudy served: (Ple~e include date~)
9. Educational quflifications:
10. List any rehted professional certifications and licenses which you hold:
11. Give your. p~esent, oz most recent employ, et, tnd position: ' . 'x
12. Describe experiences, skills or knowledge which q,~,,llf), you to serve on this board: (Please attach a brief resume)
I he~'eby certify that tll the above statements axe tree, and I agree and undezztand that any misstatement of matexia] facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
SIGNATURE DATE
I
Note: This Svplication will remain on ~le in the City Clerk's Office for. pexiod o~:~ [~ ~~te it was
submitted. It will be the applicant's responsibility to ensure that a cur~nt appt~calaon ~s on me.
MAY
CITY CLERK
DAVID MATTHEW HAWKE
! 21 Heather Lane
Delray Beach, Flor/da 33444
(561) 740- 4440
To advance and broaden my knowledge of complex architectural, aviation,
transit, and public facilities projects; To intensify my contract negotiations,
design/build expertise, and design/construction supervisory experience.
Masters of Business Administration
Marymount & Georgetown Universities, h-Progress
Master Degree in Architecture/Engineering
University of Maryland
Bachelor of Science Degree in Architecture
Clemson University
PROFESSIONAL EXPEIHI~NCE:
HAWKE & ASSOCIATES ARCHITECTS. LL.C.- President, May 1998 to Present -
Design Director and Principal of a full-service architectural firm in South Florida.
Specializing in commercial structures, medical complexes, and public facilities. The office pursues
and has teamed up with large firms on joint-venture projects in aviation and transit as a consultant
throughout the nation.
MASSACI~SETTS PORT AUTtlORITY- Senior Project Manager, Febn~u'y 1997 to April 1998
Logan Modernization Program
Term/aa/Area ~ - Developed a preliminary design to complete Construction
Documents in eleven months. The 1.5 mile two level roadway system has + 60 caisson foundations
and complex structural design. The airport traffic and roadways must be maintained during difficult
phased construction. Estimated cost - $125M.
Peop/e Mowr $~ (A/TO - Assisted in the development of a EIS for a automated
intermodial tran~ com~tor awaiting Federal approval and ISTEA funding. Pre 'hminary transit
station design, airside/landside alignments and profiles, curbside disruption, passenger convenience,
and busing interface. Estimated cost - $30 M Phase I / $375 M Phase II.
Q~a//~ Asmma~e Maaager - Supervised four construction inspectors and construction
supervisors for active Logan terminal expansion and aviation projects. Airport passenger
movements, air cartier, and numerous concession must be maintained during complex construction.
RECEIVED
NAY 2'1 2002
CITY CLERK
DANIEL, MANN, JOHNSON, & MENDENHALL: November 1989 to January 1997
Project Unit Manager and Contract & Procurement Construction Manager: Tren
Urbano Mass Transit Project, San Juan, Puerto Rico - July 1995 to January 1997
Bayamon Alignment Section - Negotiated procurement and optimizafon, including design,
procurement, proposal evaluation and construction management, of a large design/build contract for
two transit stations, concession areas, retail spaces and 2.4 km elevated guideway. Contract Award
- $68M.
Centro Medico Alignment Sections - Negotiated procurement and op6mi~ation, including design,
procurement and proposal evaluation, of a complex design/build contract for three transit stations and
a 3.2 km elevated, at-grade, and retained-cut guideway. Contract Award - $72M.
Project Design/Construction Manager: Metropolitan Washington Airports Authority,
Capital Development Program, Washington, D.C. - November 1989 - July 1995
New Terminal Bridges to Metro at Washington National Airport - Coordinated design, supervised
and managed Cesar Pelli and Walker Parking Consultants for the design of the pedestrian bridges
interface with Metro Transit (WMATA). Contract Award - $39M.
Middle/North Parking Structures - Supervised design of two structured parking facilities for
Washington National Airport and coordinated with Metro Transit (WMATA). Managed design and
early construction of retail spaces adjacent to and construction within North Terminal Mall. Contract
Award - $57M.
Rental Cars Quick Turnaround Facility - Coordinated with Rental Car Representatives and
supervised the selection, negotiation, design, and direction of the architectural/engineering firm of
Dewberry & Davis for the design/construction of rental car facilities at Washington National Airport.
Contract Award - $21M.
Americans Disabilities Ac~ Title II, Desig~vlmplementation - Contracting Officer's Technical
Representative in selection, negotiation, and direction ofC. rreiner, Inc. for ail public facilities, tenants,
retail construction at Washington National and Dulles International Airports. Implementation Costs
- $157M.
Delta S. Gate Addition Interim Terminal - Managed and directed Delta Airlines and its architect
1Vfdton Pate Associates. Full range of airport issues and interface with the airlines, concessions, retail
vendors, construction and operations adjacent to active gates. Contract Award - $38M.
ELLERBE BECKET. INC. Architect - March 1989 to October 1989
Leader of a convention center and hospital design teams (Children's Hospital Center,
Washington Convention Center, WMATA). Designed and produced construction documents on five
Washington office buildings with retail on ground floors. Designed long span convention centers.
SKIBMORE OWNINGS & MERRHJI.- Architect - January 1988 to March 1989
Significant role in the design of two large-scale public projects (Metro Center, David Childs,
Washington, D.C.; and Sears Franklin Center, Dean Johnson, Chicago, Illinois) and their interface
with the local urban fabric and WMATA.
THOMPSON. VENTULE'I'r. & STAINBA~TK ~ ASSOCIATES - Consultant -1986 -1987
Worked directly with the Project Manager of the Philadelphia Convention Center. Long span
struc'lxu'~ designs incorporating convention space and interface with existing mass transit (SEPTA)
facilities. Developed dezigns related to Atlanta Convention Facilities and Expansion of an existing
convention center.
PORTMAN. RABON. HATCH. & MeWHORTER~ ARCHITECTS -Architect - May 1986
Member of design teams (Hilton Intercontinental and Hyatt Hotels). Experienced hotel design
fi.om schematics through construction. Working relationships with three principals, mass transits
stations with MARTA engineers, gift shop, retail shops, and hotel management. Member of design
teams (Hilton Intercontinental and Hyatt Hotels). Experienced convention center design fi.om
schematic design through construction. Working relationships with three principals, mass transits
stations with MARTA engineers, gift shop, retail shops, and hotel management.
COMPUTER:
LANGUAGES:
Massachusetts - License # 9840
District of Columbia - License #5030
Commonwealth of Virginia - License #10736
State of Maryland - License # 9846- MD
State ofFlorida - # AR 0016510
NCARB Certification # 42,428/File # 37,412
American Institute of Architects - Sanuary 1983 - Present
Southern, Standard, & BOCA Building Codes - Examiner and Inspector
AutoCAD2000, Intergraph, G.D.S., WordPerfect, Primavera
Maryland Cn'a&mte School of Architecture
PalA~.:,o, Masgmo and Roma, Italy
Cultural Associations- Pension l~unosa, Pantheon, & Florence, Italy
French, and Italian (Broken)
May 10, 2002
www. Hawkearchitects.com
Ms. Km'en Schell, City Clerk Manager
City Clerk's Depamn~
City of Delray Beach
I00 NW 1a Avenue
Delray Beach, Florida
Reference: Application for Advisory Board & Committees - Request for Membership
or Alternate Position - City of Delray Beach - 2002 Board(s)
Dear Ms. ScheH:
Thank you for your assistance in the application process of the City of Delray Beach
Advisory Boards and Committees. I am requesting in writing a potential position on the
following City of Delray Beaches' Advisory Boards and Committees. As requested, the list
of boards are arranged in order of preference. Please note, the following list:
Site Plan Review & Appearance Board
Planning & Zoning Board
Downtown Development Authority
I appreciate your resistance to submit my name for the board(s) listed above. Thank
you for your assistance. If you have any questions, please contact me at (561) 740 - 4440.
Thank you in advance.
Respectfully submitted,
David M. Hawke, RA
Hawke & Associa~s, Architects LLC
Florida Licence # AR 0016510
file, Attachments (Ground Floor Plan)
121 Heather Lane Delray Beach,
Florida 33444
P. (561) 740-
RECEIVED
MAY 1 I1 2002
444(~1TFY. CLERK
(561) 921 - 0444
D~YB~CH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please tTlX or print the following information:
3. Legal ReSidence: City ' State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
6. Are you a registered voter? (. ~: fi If so, where are yqu regist~erea?
7. What Board(s) are you intere~d~m serving? Please list m order of preference:
8. List all C~t3, Boards on wl'ac~ you are currendy serving or I~ave previously served: O~ease include dates)
9. Educa. tion~l qualificanqns:
10. List any related professional certifications and Licenses which you ho_~l:
1. !. GlOve your [:)rc$c~t) or most re~cnt cm~loycr~ and ~osiaon: '
12. Describ&experiences, skills or knowledge which qualify you to serve on this ~board: (P~_leasc attacl~ a brief rqsume)
! bcrcby/~.~ ~at ~11 ~c ab~o~c smtcmc~nts arc true, ~d ! ~'cc ~cl unclcrsr~nd'T..hat ~¥~issmtcmcnt o~m~cr~l facts
ti cause forfeiture upon my part of any appointment I may receive.
Note:
This application will remain on file in the City Clerk's Office t~~W~'~i)s from the date it was
submitted. It,wig,be the applicant's responsibility to ensure that a current application is on file.
/fl-/6. je~ )~ NOV - 6 2002
~l-rv ~! I::FIK
Mitch,fll R. Leiderman
1915 Lavers Circle E-306
Delray ]geach, Florida 33444
(.~1)274-4484
J.D., Rutgers University School of Law
Admitted to th,: Pennsylvania Bar in 1980
MBA, Temple Unive~ ity School of Business
BA, University of Mic figan
Summary of Job Experience
Over 20 years of Experience as a Trial Attorney in Complex Commercial
Litigation Matters.
Over 20 Years of Experience in Real Estate, Civil Rights and Employment
Matters
Extensive Experience tn Administrative Law Practice and Procedures
Employment History_
Law Offices of Mitchell R. L~ iderman Media, Pennsylvania (1988-2001)
Managing Partner of this complex litigation practice, handling matters in over 20
states and 3 foreign countries
Hunn. Shelly and Samel Lar sdale, Pennsylvania (1986-1988)
Chair, Litigation Depar ment
Mozenter. Mollov and Durst Philadelphia, Pennsylvania (1984-1986)
Trial Attorney
Pen nsylvania Human Relatio ~ Philadelphia, Pennsylvania (1976-1984)
Fact Finder and Hearing Examiner for the agency which enforces State and
Federal Civil Rights La ors in Pennsylvania
Member ofthe Pennsylvania Bar and zdmitted to practice before the Supreme Court of
Pennsylvania, The U.S. Third Circuit ¢ ;ourt of Appeals, The United States Court for the Eastern
District of Pennsylvania and The Unit~ d States Court of Claims. Admitted Pro Hac Vice to
practice in the State and Federal Court; in over 20 U.S. Jurisdictions and in 3 tbreign Countries
including The United States District C )urt for the Southern District of Florida.
pELRAY BEACH
' ~ CITY OF DELRAY BEACH
~ll~ BOARD MEMBER APPLICATION
1993
2001
Please information:
:2. Home Address:n' ~
3. Le~ Resid~ ;~
5. Home Phone: B~ess Phone:
6. A~ you s re~t~,_ ~v°t~? If so, wh=e
10. ~t ~)' r~d Profes~o~ ~gons ~d ficens~ w~ you hold:
11. G~e yo~ presen~ ox most recur ~ploy~, ~d
~GN.%~ DA~
Note: This appli~tion will rttnt~ on file in the City Clerk's C)~~~~ f:rom the d~te itwas
submitted. It w~ be the applicant's respom~ility to ensure that · current application is on file.
N 0 V - 7 ~'002 '":"'"":"~~'~
CITY CLERK
DELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name:: Name Middle Initial
2. Home Address: City State Zip Code
63/* An$1e,r Drive ,, Delray Beach FL 33445
3. Legal Residence City State Zip Code
4. Principal Business Ad.ess: Ci~ State Zip Code
Business Phone: ~ Fax:
5. Home Phone: 274-9087 274-9087
I
6. What Board(s) are you interested in se~i~g?
7. List all Ciw Boards on which you are eu~ently se~ing or have previ~sT~ se~ed: (Please indlude dates)
8. Educational qualifications:
9. List any related professiofial ce~ifications and licenses which you ~ld: ·.
l O. Give your present, or most recent employer, and position:
Potts La~ ~intenance
11. Describe experiences, skills or knowledge which quali~ you to se~e on this board: (Please a~ch a brief resume)
I hereby ce~i~ that all the above statements are true, and I agree and unde~tand that any
m/~statement of mater/a/facts conta/ned /n th/s app//cat/on may cause fo~e/ture upon my
of an~, ~ppo/ntme~t I may rece/ve. ~ ~ ~ ~ ~ V ~ ~
SIGNATURE DATE
CITY CLERK
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
$'~CITYCLERK~J30 ,MID,AP PLICATION
DELRAY BEACH
CITY OF DELRAY BEACH
11[
BOARD MEMBER APPLICATION
1993
2001
Please type or print the following reformation:
3. Legal Residence: Ma' oI~ City State Zip Code
4. Principal Business Address: City State Zip Code
~. l-lome Phone: Business Phone: E-Mail Address: :Cell P---ho'--~i ...... Fax= .......
6. Are you a registered vote,? .~t~O.-' If ,o, ,he.r.c,a..re.. F't~ ¢c.Y°U re~stered?,4_t~/z._ ~'~/¢g2 ¢J>¢e eo
7. XX~hat B~ard(s) are you imerested m ser~ang> PleaSe l/st m order of preference:
8. List all Cxty Boards on a't,dch you are currendv serving or have p, reviousl_y sen-ed: (Please, include ;~es)
10. List an)' related professional certifications and hcenscs which you h°ld':
11. Give you~ p~escm, o~ m~st recent employer, ~d ~osidon:,
12. Des~be expefience~, ~s or bowle~e ~ch qu~ you to se~e on ~s board: ¢lease a~ch a brief
I
I hereby ce~, Gat ~ ~e above statements ~e ~e, ~d I ~e ~d ~ders~d ~at ~y ~ssmtement of~atefi~ fac~
con~ ~s app~cafion m~se forfdmre upon my p~ of ~y appo~ent I may receive.
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
Ctl ' ' ' file.
submitted. It will be the applicant's responsibility to ensure that a
DEC f 8 2002
Jan 25 02 03:35p Youngr0$-C&rden&i&lRssoc (561J272-7950
o!.,'~.'0~ w~l) ~:~ F,xX $.! ~43 3??4 ¢IT~' CLERK
BOARD MEMBER APPLICATION
p.2
3. L~l l~.~s~d~ce:
4. P~I ~e. ~d~ss:
5. Hom~ Phone: Busings Phone: ~ i E-M~ Ad&ess: CeU Phone' [ Fax.
6. A:e ~ou z rc~,tered vo~r? ~C~ If,o.
9.' F~uc~aoa~l
, , ~ S C~L~ 7~~~
~0 ~s~ ,ny x~l,~ed p,ofcssio~ ~~om' ~nd hccnses w~ch you hold"
1~ G,.e ~.nur pre,et, ot mo~t zecent employs, nnd p~lBon.
I h~eby eft~ ~t ~ ~ ~bm't st~m~ ~ ~ and
~~~ . ~..~ / - 2~. o~ .,,
SIG~A~ ~ / m -
Note: This appbc~Oon ~11 rem,m on rde m ~g Ci~- CLX', Office for · pened of 2 yes~ ~m ~ d~tc it was
sul,~cd, lC w~ ~ ~e app~cant's t~zJb~q' [O ~sute ~r a ~ent ~pp~adon u o~ ~e
RECEIVED
JAN 2 5 2002
CITY CLERK
MEMORANDUM
TO:.
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM (~ - REGULAR MEETING OF JANUARY 7, 2003
APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD
JANUARY 3, 2003
The term for regular members Robert Gillespie, John Miller, Jr., and Jose Ramirez will expire on
March 31, 2003. Ms. Janet Patrick has missed three consecutive meetings; in conversing with
Ms. Patrick, she is not able to continue her term due to doctor's care she is receiving. This
leaves a vacancy for a regular member for an unexpired term ending March 31, 2004. Mr.
Gillespie, Mr. Miller and Mr. Ramirez are all eligible and would like to be considered for
reappointment.
The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997,
for the purpose of hearing evidence related to the existence of certain public nuisance on
premises located in the City. The board consists of five regular members and two altemate
members. Members shall be residents of, own property, own a business or be an officer,
director or manager of a business located within the City, and are appointed by an affirmative
vote of at least four members of the City Commission.
The following have submitted applications and would like to be considered for appointment:
Robert Gillespie
Robert Marks
John Miller, Jr.
Willie Ports, Jr.
Jose Ramirez
Donna Russo
(incumbent)
(also applying for Code Enforcemem Board)
(incumbent)
(also applying for Code Enforcement Board)
(incumbent)
A check to confirm all are registered voters was completed; all were registered with the
exception of Willie Ports, Jr. A check for code violations and/or municipal liens was conducted.
None were found.
Based on the rotation system, the appointments will be made as follows:
Commissioner Archer (Seat # 2)
Commissioner Levinson (Seat # 3)
Commissioner McCarthy (Seat # 4)
Mayor Schmidt (Seat # 5)
Regular member for a term ending March 31, 2005
Regular member for a term ending March 31, 2005
Regular member for a term ending March 31, 2005
Regular member for an unexpired term ending March 31,
2004
Recommend appointment of three (3) regular members with term ending March 31, 2005, one
(1) regular member to fill an unexpired term ending March 31, 2004.
~11 I ir'il
DELRAY BF. ACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name::
GILLESPIE
2. Home Address:
460 SHERWOOD FOREST DR
3. Legal Residence
460 SHERWOOD FOREST DR,
4. Principal Business Address:
1008 E. ATLANTIC AVE.
5. Home Phone:
561-638-8697
Name Middle Initial
ROBERT A.
City State Zip Code
DELRAY BEACH FL. 33445
City State Zip Code
DELRAY BEACH FL. 33445
City
DELRAY BEACH
Business Pho~i_278_2628
State
FL.
Zip Code
33483
I Fa~1-278-8688
6. What Board(s) are you interested in serving?
NUISANCE ABATEMENT BOA.RD
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
NONE
Educational qualifications:
ATTENDED 2 YEARS COLLEGE - DICKINSON COLLEGE, CARLISLE, PA.
9. List an), related professional certifications and licenses which you hold:
REAL ESTATE BROKERS LICENSE
10. Give your present, or most recent employer, and position:
GRINGLE~ DOHERTY & WHEAT, INC. BROKER-SALESPERSON
11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
5 Years experience :Ln Rea]. Estate. Many years experience with the Publ'Ic.
See brief Resume attached.
I hereby certify that all the above statements are true, and I agree and understand that any
misstatement of. ma. teria/ facts co~~. ~ll~.~p/ication may cause forfeiture upon my part
of ~/m/~ppoin. tme~t I mq:~reced~ '"""'--'
SIGNATURE ~ CITY GLERK DATE
.~ote:
This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYCLERK BOARD APPLIC,~TION
ROBERT A. GILLESPIE
Broker Assoclal.~Reall. or
ST ATLANTIC AVENUE
5EACPI, FLORIDA 53483
~net
~gllle.~pie REALTOR corn
OPPICE ¢561! 278-2628 EXT 107
(8001 446-1878
lAX ~561) 278-8688
EVENING (561~ 658-8697
Robert A C-illespie
460 Sherwood Forest Dr.
Delray Beach, Florida 33445
561-638-8697
Office 561-278-2628
Late 1994 1 temporarily relocated to Highland Beach from the Philadelphia, PA area until I
found a permanent place to live Last year I moved to Sherwood Forest and after settling in
found that I wanted to help in the community. Below you will find a Brief resume.
1953 - 1972 Employed in the Investment industry in Philadelphia and Los Angeles, California in
various position These progressed from Cashier, Department Manager and Sales to Operations
Manager and an officer of a member New York Stock Exchange firm
1972 - 1994 Worked in the Automobile profession starting in Sales and leading to Finance
Manager, Sales Manager and General Manager of Import and Domestic Dealerships.
January 1996 to present as a Sales Associate with Gringle, Doherty & Wheat, Inc Realtors in
Delray Beach Although I obtained my Real Estate Brokers license I still remain as a Broker
Salesperson with the firm.
IpE~LRAY BEACH
' ~ CITY OF DELRAY BEACH
;11 : ,O~,D MEMBERAPPLICATION
1993
2001
'.
inf_m"m-~on:
2. Home Address:,,)'
3. ~ Residence: C~ ' Stat~ Zip Code
J,
4. Pzinc~i] Business Addms: City Stat~ Zip Code
5. Home Phone: Business Phone: F.~-Moil Address: Cell Phone: Fax:
~GN.A~ DA~
Note: This application will ~ on ~ in the Ci~ Clerk's Offi~~~[[~ears from the date it was
submitted. It ~ be the applicant's tespons~iliry to ensuze that a cuz~ent application is on file.
/~-// /e£~- '~3 NOV - 7
CiTY CLERK
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
,.
2. Home ^ddres~:
3. Legal Residence:
4. Principal Business Address:
Name
State
State
Zip Code
Zip Code
Zip Code
5. Home Ph,one: ]~Business~PhOne' .. I E-M~ Address: I Cell Phone: Fax:
6. Are you a registered v' oter? , / _ If so, where are you registered?m, ... ~__ ,d,~, .a
7e~ ~ ~,~., c%. ,,..0
7..What Board(s) are you interested m serving? Please list in order of preference: __ ' .
8. ~ all City Boardson which' you' are currently se~ing or have previously serve& (Please include dates)
9. Educational q,u~cations: .
H,~. ~,d.~, ~ 4+/,,,:~,~. ~,,,,,~.,.~.. ~.~., A...4./~,'~,~
~.~./'/u,,,~/,,~.' . ,., .~/,.~ .,~,.~.u,. fb,,~." 4~," (2,,;.,.
10. list any related prof~ssibnal certificatiSns and licenses which you hold:
11. Give your present, or most recent employer, and position:
!,,~,,,~ ~,.-~,,,~ I ~,,~, ~,~,'~., - .~ ,q~r I;,;//,,,. ~.,.,,'~.;.
- ' ] / ~-/ vc' -
12. Describe experiences, skills or knowledge which qualify you to serve on this boar& (Please attach a brief resume)
hereby cert~that all the above statements are_tr~, and_I.asr, ee_m_~d unders~nd that any misstatement of material facts
containe~s]a~pllcation_mav cau~f~rfeitul~~~klglfla~y appointment I may receive.
o e: ~s application will remain on file in~f~e ~'~ty%r~ s C)~ or period of 2 years from the date it as
submitted. It will be the applicant's responsibility to ensure that a currem application is on file.
$%CITYCLEP. K ,BOARD ~PLICATIO%
John E. Miller, Jr.
282 Sherwood Forest Drive
Delray Beach, Florida 33445
(561)865-9483
2000 to Present
1995to2000
1992 -1995
1986 - 1993
EDUCATION
BUSINESS/CIVIC
CORPORATE EXPRESS, A Buhrmann Company, Deerfield Beach., Florida
Furniture Sales Manager/South Florida Division
Responsible for the recruitment, training, and sales volume of outside sales
representatives with a focus on prospect development and market penetration. Assist
design and operations in strategic planning and help to leverage our separate
business units to increase market share.
FREEDMAN'S OFFICE ~, Tampa, Florida
General Manager, January 1998 to Present
Provide training, leadership and decision making responsibilities in both the sales
and operational aspects of a lugh volume, mid-market office furniture dealership.
Oversee customer service, delivery and installation, inventory control and
merchandising functions as well as provide the sales staffwith training in sales
techniques, product information, negotiating, and profit optimization.
Outside Sales Manager, April 1997 to January 1998
Accountable for the recruitment, training, and sales volume of outside sales force
with a focus on lead generation and new business development.
Sales Representative, October 1995 to March 1997
Identified and qualified potential clients and assisted them through the sales process
by utilizing my product knowledge, communication skills, space planning
experience, and problem solving abilities.
AARON RENTS, INC.
Store Manager, Clearwater, Florida, October 1994 to September 1995
Store Manager, Pembroke Park, Florida, August 1993 to September 1994
Assistant Manager, West Palm Beach, Florida, June 1992 to July 1993
Responsible for all operations and revenues of two Aaron Rents, Inc. profit centers
and assisted in the operation of a third. Duties included personnel decisions,
accounting, customer relations, maintenance, sales and marketing, A/R and A/P, and
budgeting.
MIIJLER'S SIGNS AND DESIGNS, Delray Beach, Florida
Owner, 1986 to 1993
Worked during college as a free-lance commercial artist specializing in sign painting
and calligraphy. Also experienced in logo design and illustration.
Florida State University, Tallahassee, Florida
Bachelor of Science, Marketing/Sales Management, 1991
Progressive Residents of Delray, The Broward Alliance/Business Development
Committee, Ft. Lauderdale Chamber of Commerce, Coastal Conservation
Association, Florida State University Alumni Association
June 21, 2001
John E. Miller, Jr.
282 Sherwood Fore~ Drive
Delray Beach, Florida 33445
Patricia Warren
City Clerk's Office
City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 33444
D~ar Patficia:
Thank you for taking the time to speak to me today about the opportunities available on
some of Delray's advisory boards. My family has been in Delray since 1903 or so, and I
have recently relocated back here after spending six years in Pinellas County. I am eager
to become more involved in the community and these boards seem to be a great channel
for doing so.
While living in Pinellas County, I was involved in several community and business
organizations such as The Pinellas County Volunteers (environmental clean-up and
restoration), Sales and Marketing Executives of Tampa Bay, The Westshore Alliance,
and The Coastal Conservation Association. Since I have moved back to South Florida, I
have become involved with Junior Achievement, The Broward Alliance, The Ft.
Lauderdale Chamber of Commerce, and The Progressive Residents of Delray. My work
takes me to many different areas in Florida and I feel the perspective that I have of how
Delray compares with, and is perceived by, other communities would assist me in serving
on one of the city's boards.
If you have any questions, please do not hesitate to contact me at my home number, or at
my e-mail address, which is iohn.miller~cexo.com. Thank you for your consideration.
Sincerely,
Jo~hn E, ~Miller, Jr ~~'
RECEIVED
JUN 2 7 2001
CITY CLERK
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
l. Last Name:: Name Middle Initial
Ports, ,Ir. gillie
2. Home Address: City State Zip Code
634 An~ler Drive Delray Beach FL 33443
3. Legal Residence City State Zip Code
4. Principal Business Ad&ess: Ci~ State Zip Code
S. Home ~honc: ~7~-g0~7 Business ~honc~7~_g0~7~ ~
~. Whnt Bo~d(s} ~ yo. intcr~stcd in
7. List all Ci~ Boards o. which yo. arEc.~c.tly se&i.[ oFhave previ~s~ed: (Please i~lEde dates)
~. List a.y related professio.~l oe~ificatio, s a.d lio~.s~s whi~h you ~91d: ·.
10. Give your present, or most recent employer, and position:
Ports La~ ~intenance
! 1. Descri~ ex~riences, skills or knowledge which quali~ you to se~e on this board: (Please a~ch a brief resume)
I hereby ce~i~ that all the above statements are t~e, and I agree and unde~tan~hat an~
misstatement of material fa~s contained in this application may cause forfeiture upon my pa~
of an. ~,appointm~gt: may receive. R E C E I VE D
SIGNATURE DATE
OITY
Note:
This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
· ~'~..~t~]~ CITY OF DELRAY BEACH
I!II~ BOARD MEMBER APPLICATION
1993
Please 9~e or print the followin~ informagon:
2. HOme Kdcl~ess: City~ S~ Zip
~. ~ ~si~: ~ S~ Zip
4. P~dpfl Bu~ess A&s: ~ S~ Zip
5. Home Phone: Bu~ess Phone: E-M~ A~ess: ~ Phone: F~:
7. ~ Bo~d(s) ~ you ~t~ened ~ ~g? PI~ ~ ~ o~ of prefe~:
, Nuis~ce ~atement Board
10. ~a ~ relaed profession~ ~~o~ ~d ~s w~ you hold:
Tec
rernam on . pe y ¢ :was
mbmined. It will be the applicant's re~pomibility to ~ ~ a current ~plication i~ on file.
DATE, TIME
FAX NO./NAME
DURATION
PAGE (S)
RESULT
HODE
ITRANSHISSION VERIFICATION REPORT
TIHE : 86/28/2801 14:58
1 ! 14 S.W. 8TM AVLCNL"~6/28 14:58
DELRAY BEACH, FL 33~52485663
00fB8:00
$61-276-339~ 00
ST~
To ~ al~/~sJ'~lib'~of the multi-cultural community of Delray Beach by
bccominE involved in pm/rams, ser',,ic~, and comm/llees that seek lo develop and
improYe the CiD, of Dclray Beach.
Summary of Qualifications:
Homeowner in Delray Beach sincc 1989, resident since 1969. Stable emp!oyment
and residency established.
Bo'ard member/volunteer on various civic/community organizations including but
not hmited to:
- Visions 2001 Steering CommiUee (member)
Hispano Lafiao Cultural Alliance, Inc./Cinco de Mayo Fes:ival
Committee (member and voltmt¢cr)
- La Paloma Homeowner's Association (current President)
- Southwest Pr~side,~t's Associalion (member)
Smdem"Voluntccr within or/,am~,ations ct~aling with gant-rehted issu:s/outrcach
programs:
- D.A.R.E, City of Boca Ralon
- MAD DADS of Delray Beach
Parent/Adult FacilitaTor for thc Our Lagy Qucen of Peace Mission Catholic Ye-ih
Organizafior: since ] 980
Graduate of the cat)' of Delray Beach Citizen's Police Academy in 1999
Professional Experience:
Mechanic, City of Boca Raton, Boca Eaton, Florida
1973 to present
Education
G.E.D., Atlantic High School, Delray Beach, FL 1999
Various professional cerfificai/ons, list available upon request
TOTP~. P.~I
DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
Last
Name:'
/X/~ Sb rd
Home Address:
Legal Residence
Principal Business Address:
H°me Ph°ne:'$'"'6/ g,~O' ,,~,,~ /
What Board(s) are you interested in serving?~ i
./1/~,z,~,e,,/c
Name
City _
City
Business Phone:
State
f/
State
Mid~L].nitial
.yode
p:ode
I Fax~rd,~ e
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
,~. Educational qualifications:
9. List any reJated professional cenific,ations and licenses which you hold:
,. Give your preset, or nLost recent employer, an.d position:
11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby certify that all the above statements are true, and I agree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my part
of any appointment I may receive.
Note:
RECEIVED
iE fl'ie Ci~ Clerk's Office for a period of 2 years from the date it was
This application will remain on file
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
Personal Information:
Education:
December 1975
Donna Jean Russo
680 Audubon Boulevard
Delray Beach, Florida 32~?.~.
561-330-7701
Single
United States Citizen
Born June 30, 1944
Social Security Number 263-80-8776
Employee Number 105394
B.A. College of Education
Florida Atlantic University
December 1980 Master of Science Human Resources
Biscayne College
Area of Certification:
Specific Learning Disabilities K-12
Expires June, 2005
Employment:
1999-2000
1987-1999
1987-1983
1983-1981
1981-1980
1980-1977
1977-1975
22 years with the Miami-Dade County Public Schools
as a Specific Learning Disabilities Teacher:
Sabbatical I~eave
Village Green Elementary School
Mae Walters Elementary School
Lake Stevens Middle School
Bunche Park Elementary School
Hibiscus Elementary
Caribbean Elementary
-2-
Honors:
Teacher of the Year - 1998
Village Green Elementary School
Teacher of the Year - 1982
Hibiscus Elementary School
Past/Present Leadership Roles:
United Teachers Union Alternate
UTD Member - 20 years
President PTA - Hibiscus Elementary School -
1984 and 1985
Vice President PTA - Hibiscus Elementary School - 1983
Past/Present Committee Participation:
Safety and Recycle Team - Past ten years
References:
Mrs. M. L. Chappotin
Principal, Village Green Elementary
305-226-0441
Mrs. Piedad Bucholtz
Former Principal, Village Green Elementary
305-279-3920
Mrs. Valerie Carrier
Principal, Riviera Middle
305-226-4286
E Mail: carrierv@rms.dade. K12.FL.US
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~[-' REG~ MEETING OF JANUARY 7, 2003
APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY
DATE:
BOARD
JANUARY 3, 2003
The terms for Bernard Dahlem and Randy Straghn will expire on January 31, 2003. Both
of these in~viduals are representing a Citizen at Large position. Mr. Dahlem has served
one full term, is eligible and would like to be considered for reappointment. Mr. Straghn is
not interested in being reappointed.
The Parldng Managemem Advisory Board was established by Resolution No. 88-97 on
December 9, 1997. The purpose of the Board is to advise and provide recommendations
to the City Commission regarding parking management policy and related issues including
but not limited to, the planning, financing, development, construction and operation of
parking facilities within the boundaries of the Transportation Concurrency Exception Area
~CEA) as well as all public parking areas located along State Road A1A within the
corporate limits of the City.
The following have submitted applications and would like to be considered for
appointment:
Bernard Dahlem
JayHyman
James O]3rien
Melvin Sacharow
James Smith
Pursuant to Commission direction, a check for code violations and/or municipal liens was
conducted. None were found with the exception of Mr. Hyman who has active violations.
Please see attached report. Voter registration verification was completed and all are
registered.
Based on the rotation system, the appointments will be made b7 Commissioner Perlman
(Seat # 0 and Commissioner a,:her (Seat # 2).
Recommend appointment of two (2) Citizen at Large representatives for the Parking
Management Advisory Board for a two year term ending January 31, 2005.
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BERNARD DAHLEM $61+272+0952
AIl°Amed~Ct
® BOARD MEMBER APPLICATION
P-OI
PIea,e_ryEe' or print~~tl_~c fo_ll~win~ information:
1. ]mstNamc.
3. l,cg~l ResMencc-
'5.
I lomb: Address: . ~
Prmcq~al Business ^ddrcss:
City
.......... t'~ usjne:~hone:
5. Hume Phone:
,:~j ;,7 .c ~'s-~ -
E-Mail Address:
CelJ Phone:
State
State
Z~Pt.eC°de
Zip Code
J?~_ T Z - O ?~' 2..
Ate you a teg~stc~cd voter~/.? ~ If so, where arc you registered?
· _. zo~/5-a.,,,xg~.a~~ ~
8. i.J~t all C,ty Boards on which you are currently serving or have previously sea,ed: (Please todude dates)
%. ].ist? ~. id;C~a p~ofcSSig~A_ _ c~fic.~o~. . aha nceM~s. W~ch you holdo~ r A ave Ae/d-
11 Give your p~c~ot, or mos~ rtcent tmployer, and position.
~[~ Descobe experiences, ~kill~ or ~no~kdge w~ch quflib' you to ~e~e on thi~ boaM: ~le~se attach a bier res~e)
I hcrcby ccrofy that all the above 5ratcr~ents a,e true. and 1 agx¢c and ut~derstand ~at my n~sstatc~ent of materiM fact~
conta,ncd :~s a~cauon may cau,e forfm~re upon my pan of any appoinm~ent I may receive
~<t~tc
'fhls apphca,son wdl remain on file ~n the City Clerk's Office for a period of 2 yeats from file date it
submitted. It will be thc appEcant's responsib~hty to ensure daat a cunent appEcation is on file.
DEC 1 R 2002
' - ' ....... CiTY G~EF~K- "
DELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please type or p~tc the fo"owing
2. Home Address: _ ~ <'
3. X,,egaJ Residence:
4. Phn~l Business Address:
5. Home,Phone: I Business Phone:
6. Are you, regis!qred voter? If ,o, w~,~ you registered?
7. ~X~a~ Bo~d(s) are you mt~ested m se~'mg? Please ~t m order of preference:
E-Mail Address:
[ Cell Phone:
e4
State
Zip. C~e
Zip Code
Zip Code
IFax:
8. List all C]~' Boards on which you are cu~enfly serrmg or have previously se~'ed: (please include dates)
10. List any related professional cemfications and licenses wluch you hold:
11. Give your present, ot most recent emp.loyer, and position:
12. Desczibe' experiences, skills or knowledge which qualify you to sez~'e on this board: (Please attach a brief resume)
I hereby ce~fT that all the above statements ate true, and I agree and understand that an?, misstatement of materia] facts
contained in~sjK appli~/ation may cause fortreit'ure upon my part of any appointment/~I
51GXATUR~ [ -/' DATE ·
I
Note: TI'us application will remain on file in the Cit3' Clerk's Office for a period of 2 ~;~(~E~lt~]t was
submitted. It will be the applicant's responsibilitT to ensure that a current application is on file.
/;-// /~-,~3 APR t~~
f
04/17/01 TT.~ 10:04 FAT 561 243 37?4 CZ'IT CLE:RK
D~RAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
6. Wh~ Board(s) are you ia:ereszed/n serving?
lea bb.
gA
t 10. Give your present_or most recent employer, ~ pomuori:
[hereby certify th~ ~ the above statements are true, and I q~ree and undez~, that my m;~ .meemem of material facts
ottta~ed m rh,~ at~plicatic~ lxlay cause forfeiture upcm my l~art of any lppom'cm~nt I may recetve.
( APR 1 8 2001
Note: This application will remain on file ~,~egk'~Qff:fice for a period of 2 years from the date it was
/
J~m~ M. O'Brlen
lg20 South Ocean Boulevard Unit # A
Delray Beach, Florida, 33483
To utilize my experience in a rewarding Execut~nag~el position in
the field of Commercial Real Estate Management, Leasing and/or
Real Estate Broker, Massachusetts
Real Estate Salesperson, Florida
BO.MA. Past President, South Florida Chapter
Residence Telephone ~ (561) 276-3700
Cellular Telet~hone ~ (561) 441-1774
Milton Academy, Milton, Massachusetts
Tdnity College, Hartford, Connecticut
BA History
· Over thirty (30) years of hands-on experience in Property
Management, Leasing, Marketing and Tenant Improvement
Construction Coordination in the Northeast and Flodda markets.
· Pdmary focus on Office, Industrial, Retail and Mixed-Use properties.
· The management of asset portfolios with a diversified product type
and quality.
· The management and supervision of fee managers and leasing
personnel as wall as directly employed managers and leasing
· The development and implementation of asset redevelopment and
enhancement programs.
· The development and implementation of investment plans and the
on-going management of investment and operating budgets.
'~m.pment U.O.R. Property
Responsibilities included the overall day-to-day management of a
100,000 ~quere foot Entertainment Center with an attached 800 car
Parking Facility end a 400 room Marriott Vacation Club International.
Primary functions included the fostering of ~trong Tenant relations as
wall as the retention of desirable Tenants compatible with the
Entertainment Center concept. Additional responsibilities extended to the
production of maximum net revenues, cost control end analysis of the
operating statements to enhance ways to improve on revenues and
control of costs. Oversee the internal accounting, marketing, security,
janitorial and general maintenance of the Canter.
Responsibilities included the rnanagement of an existing portfolio of
Commercial Real Estate properties, Investment Sales; Syndication of
New Partnerships and coordinating the formation of new Joint Venture
Iq=K Realty Sawfi:~, Inc., Partner
Fort ~, Florida
Director of Management, Leasing end Marketing for PFK Realty
Services, Inc. (Please see attached Curriculum V'~,ae). Additional
responsibilities also extended to Management of Tenant Improvement
Construction for the Company.
American T~c~onlce ~ Vlee-Pr~ide~
Boca Retort, Flodda
Director of Management, Leasing and Marketing ~ervice$.
Responsibilities included Ihe management, leasing end marketing
activities for · regional Commercial Real Estate developer in South
Florida with over 1,000,000 square feet of Commercial space either
existing or under construction. Additional responsibilities included the
long-range planning for the management, leasing and marketing of future
Commercial. Industrial & Retail Developments, es well es the oversight
of ell Tenant Improvement Construction projects.
John~town Amedcan Coml~ntea I Com~idated Capital
Vice-Preaident
Director of Management, Leasing and Marketing end Tenant
Improvement Construction, Boston, Massachusetts regional office.
Responsibilities included over 1,(XX),000 square feet of Office I Retail
space located in Maseachu~, Tennessee, ConnectJc~ Michigan end
Georgia.
BEACH
CITY OF DELRAY BEACH
,OARO MEMBER APPLICATION
1993
2001
~ t~ ot prim the followi~ infotmatiom
Stlte
5. Home Phone: ] Business Phone: [ £-~L~] A&tte.s: ~c~.n Phone: ] Fax:
'L ~ B°~'d(~) are you int~e~ed4n ~n'i.~. PI~ Im in order ofpr~fer~ce:
M.I..
Zip Code
9. Educational qualificauons:
10. List any rehted proFe~ionzl c. ertif~atipm And li_ce.n.~. ~.hich ypu hold:_ / / __ _ / ~ J
hereby cer~ that °ff'the a~bove sum~Jents are ~ and I .~ .nd understand that any missutement of matemJ fact~
contained in ~ api~c.a' my ~ of ~y q~in~t ! nmy receive._
SIGNATURE DATE
Note: This application will temnin on ~ in ~e City Clerk's Office rot, period or 2 Yeats flora the date
APR ! $ 2002
BOARD MEMBER APPLICATION
1993
2001
'Ieee t)~pe os p~t the f~ information:
1. Last Name: Smith
~ l-tome Acldres~i
122S S. Ocean Blvd. #202
James ] .%1.1. E.
ahy Delmy Beach
3. ~ Residence= Cirj,
same as above
4. Pdndpal Business Adch'ess:
5. Home Phone: [ Business Phone:
(561 ) 330-6798
6. Aze you a ~eg/stere& votez? yes
F Zip Code
State FL 33483
State ZiP Code
City State Zip Code
!F_MM~] A~: [ Cell Phone:
(561 ) 573-6632
1(S61 ) 330-6798
If su, ~h~ ~e you r~te~ ~l~y ~ach
7. XXthat Board(s) axe you iatez~lzzl in sezvinW? Please list in order of pw. fevenc'e:
Parking Management Advisory Board (Member at Large)~-~t~ ~/~
L/st all On- l~°ards on which rou aze cuzxenflv setting or have previously sezved: (Please/nclude date.,)
9. Educational qualifications:
BS - Florida State University
MBA - University of Miami
~0. u,~ ,~n,. ~t~a ,,,-o~',._,io~ ~=i~,-~io~ '"a~.~ =hid, vo~, hoed:
l~.. Gi~e youz ~en,., cz most re:em muploy, ez, ~ ~' '
Refi~ - Fomedy ~ of Financ~CFP/Contmller of
L~en Su~ma~eh L. Luna & ~n, Miami He. Id
Active mem~r of PROD and B~A
ARending Del~y hch R~d~t'n A~demy
A~end~ of Ci~ Commi~ion & Paring M~ A~~ h~ m~fin~ ~
!x· mtain~,~7 .p~r cause ~rfeiture n pon my part of any appo~tm~tI, rr~/;/Z,~/d/r rt~:eiv,.
GN:~J~ DATE ~IECEIVED
that a cuxzezlt aool~cadon ~ on
~;~'~ CITY CLERK
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERc~o~
AGENDA ITEM 'q~ -REGULAR MEETING OF JANUARY 7, 2003
APPOINTMENT TO THE BOARD OF ADJUSTMENT
JANUARY 3, 2003
There is currently an opening on the Board of Adjustment for an alternate member with a term
expiration of August 31, 2003.
To qualify for appointment, a person shall be either a resident of or own propertyin the city, and/or
own a business within the city.
The following have submitted applications for consideration:
Janine Dabney-Battle
David Hawke
Mitchell Leiderman
Woodrow Lockett
Ben Ricker
(also applying for Code Enforcement Board)
(also applying for Code Enforcement Board)
A check for code violations and/or municipal liens was conducted. Voter registration verification
was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat # 4).
Recommend appointment of one (1) alternate member to the Board of Adjustment for an
unexpired term ending August 31, 2003.
P .m.¥X m,~.ci!
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
993
200~
P O:VO; F-585 Z '
4. Pr~nclpa~ Bus~eas .~ld~:
Ci:,y
o
S~s~e
F~.X'
MI.
Bu'~c~s Phone: 'l E-Mail Address: I C~]l Phone;
~e FOU a lc~scctcd voter? ~ S I~ so) wh~c alt you
Z~p Code
Z~p Code
Z~p
10
]1
G~vc your Frcsent, or most recent employer, and position:
]2
L~st any rebtcd professional ceru£cauous {nd hcenscs which yo,~ hol&
No:e: Tbs application ~ tern~in on file i~ the City Ch:r.k's Office far a pe~iocl of 2 years fi'om the cb:e it
submirra:& h ~ bc thc apFhcanCs zcspo~bd.~ty r,o ensure chat scur. trmt ~u~Licauon is on
RECEIVED
DEC ! R 2002
CITY CLERK
Licensed I~Iortgage Broker. Nct~ortv Who4e, afle ~ Grm~: 200l -Pre,tent
A top produciog loan officer. Req~onsible for finding financing for residemia! and commercial
properties based off the review ofcredit and income criteria. Afflue~ hn the credit criteria for
correspondents off the seoc~dary market, as well as. A, B and govetmne~ paper Lenders
Licensed Reahor. Homes l~ezdty: 2002 - PreJent
R~:ruit, train and mana~ residential stud commercial ~ estate sales as,nociates.
Licen~d Mortga~ Brother. J%e dddison )t/l~ Group: 1999 - 2001
Top producing Senior Loan Officer. Loan fil~ included residential confor~ng, non-confotrmng~
VA. FHA and commercial Speciali~ in hotel/motet, large apartmeut and commercial mixed u~.
i'lcensed Real Estate ,C}ales ~4.vsocicrte. Dnrante Realty: 1999- 2002
lop producing sales associate fo~ Greater Palm Beach County area. Over $2 Million in sales per
year.
Exxcutr~e ~tce P~estdea! Operatforc¢. World lOlortgn~ Corpor~on: 1998- 1
R~cruited ~o develop World as a wholesale sub prime Lender. Duties included but not
managemen! ofloan opellin& processing, underwriting, closing and post closing departments
Responsible for the prie4dag and sale of"bulk" loan sales. Authorized to employ a]~ quailed
personnel for the Company.
T ~ce l-'res~dgrtt Sub Prone Lending DivLvion. Bankers Direct M~ Corprmafion: 1996- 199,~
Respons~le for the supervision ofth~ sub prime lending division. Duties included the
~pervision of underwriting, loa~ processiag, loan closi~ and post-closing departments.
Under~rtt~ng Supe, n~sor. National Lending Center: 1993 - 1996
Respon~ble for supervi~Lng and trair6ng a stsffoftea Underwriters. Supervised the under~ti~g
of Non-conforming (B/U) loans, coau~,unication ~ith th~ .-~ales force, pro~r~ and broker~
Acted as s liaison b~ween Mid-Level and Senior Man .ag~ent.
Seif. Empl .owd: 1989- 1993
Mongage Trainiug and Placemem
Laadlo,d/Pmperty M~ag~r
Century 21 Real Team Realty II, Key Biscayne
Etl~cm~n:
fbtal Major, BSBd in Finance and Re~l E.s~ctte. Ohio Stat~ [[n~vers~ty: 1989
College Preparatory. Western Reserv~ Act~,rn).;: 1985
Comnmnta'y lm, m'vem -
· Former Board Member City of Dclray Beach S.P.R.A.B
· Former altea-nate member City of Deltay Beach Board of Adjustment
· Vice Chair & board member. D~bay Pho~mx Inc.
· Member. Delray Beach Ytnttb atb~tic A.nsociation
· Member. D~lray Beach Chamber of Cxnmner~
· Member. Florida Association of Mortgage Brokers
· Member. National Association of Real~ors
· Member. Boca Raton Chamber of Commerce
· Member, Roots F~tiva! C-off Cla,~ic Organizational Cornmittee
· Member. l~oymtm Beach Chamber of Commerce
· Member. Commercial R~ntl Estate Women
· Member. Morikam~ Park Elementary I~A
· Member, Carv~ Middle PTSA
· Weatherspoon Connectio~ self serve car wash
· Como ~,psrtmerrts, 24 unit apartment building
· Jasmin V/Ii& 28 unit beachfi-om motel
· Reflexions Restaumm
Major strip plaza in Delray l~ach
· Muiti-residcnti&l units
· Ocean-from Condomimum pe~bouse traits
I~ ,~RA¥ ~EACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please type or pz/m the follow/ng infoxmation:
3. Leg-al l~sidence:
4. Principal Business Address:
Cit,/
Stat~ Zip Code
State Zip Code
Phone: I F=:
5. Home Phone:' / Business Phone: '! E-Mail Adckes,';
6, ~ ~ou~ ~.~.qt~l'ed vot~L~
'7.
If so, wh~e tie you registered?
Zip Code
What Board(s) tre you intereste4 in s .el~..Pl~a~list/la ~d~ ofpref~ce:
8. ~t ~ G~' Bo~ on ~ch you ~e ~d)- s~g or have pr~ous~'
10. ~t my r~ted pzof~ssio~ c~ons md h~nses wN& you hoM:
12. Describe experiences, skills or knowledge which qual~ you to serve on this bosi'd: (Please attach a l~e£tesume) '
I hereby certi~ that all the above statements ate u, ue, md I q~ree end undet~tsnd that any ,,,i, ststement ofmat_~_'*! facts
contained in chi, application may cause forfeiture upon my part ofeny appointment I may tw:eive.
to,
Note: This application will remain on Ele in the Cit~ Clerk's Office fog a peg~xl o~~te it was
on
submitted. It will be the applicant's responsibility to ensure that a cun~nt application is ~e.
f':II"V ~1 ;Ri('
DAVID MATTHEW HAWKE
121 Heather Lane
Delray Beach, Florida 33444
(561) 740- 4440
To advance and broaden my knowledge of complex architectural, aviation,
transit, and public facilities projects; To intensify my contract negotiations,
design/build expertise, and design/construction supervisory experience.
Masters of Business Administration
Marymount & Georgetown Universities, In-Progress
Master Degree in Architecture/Engineering
University of Maryland
Bachelor of Sdence Degree in Architecture
Clemson University
PROFESSIONAL EX ERmNCI::
HAWKE & ASSOCIATES ARCHITECTS. L.L.C.- President, May 1998 to Present -
Design Director and Principal of a full-service architectural firm in South Florida.
Specializing in commercial structures, medical complexes, and public facilities. The office pursues
and has teamed up with large firms on joint-venture projects in aviation and transit as a consultant
throughout the nation.
MASSACHUSETTS PORT AU'I~ORITY- Senior Project Manager, February 1997 to April 1998
Logan Moderni~,~tion Program
Terminal Area Roadways - Developed a pre'hminary design to complete Construction
Documents in eleven months. The 1.5 mile two level roadway system has + 60 caisson foundations
and complex structural design. The airport traffic and roadways must be maintained during difficult
phased construction. Estimated cost - $125M.
Peop/e Mover $)~em (A/TO - Assisted in the development of a ElS for a automated
intei,uOdial tranCn connector awaiting Federal approval and ISTEA funding. Pre'luninary transit
station design, airsideff landside alignments and profiles, curbside disruption, passenger convenience,
and busing interface. Estimated cost - $30 M Phase I / $375 M Phase II.
Quality Asrmraace Manager - Supervised four construction inspectors and construction
supervisors for active Logan terminal expansion and aviation projects. Airport passenger
movements, air carrier, and mmm'ous concession must be maintained during complex construction.
RECEIVED
FlAY 2'1 2002
CiTY CLERK
DANIEL~ MANN, JOHNSON, & MENDENHALL: November 1989 to January 1997
Project Unit Manager and Contract & Procurement Construction Manager: Tren
Urbano Mass Transit Project, San Juan, Puerto Rico - July 1995 to January 1997
Bayamon Alignment Section - Negotiated procurement and optimization, including design,
procurement, proposal evaluation and construction management, of a large design/build contract for
two transit stations, concession areas, retail spaces and 2.4 km elevated guideway. Contract Award
- $68M.
Centro Medico Alignment Sectiom - Negotiated procurement and op 'Rmization, including design,
procurement and proposal evaluation, of a complex design/build contract for three transit stations and
a 3.2 km elevated, at-grade, and retained-cut gnideway. Contract Award - $72M,
Project Design/Construction Manager: Metropolitan Washington Airports Authority,
Capital Development Program, Washington, D.C. - November 1989 - July 1995
Ne,, Terminal BHdges to Metro at Washington National Airport . Coordinated design, supervised
and managed Cesar PeRi and Walker Parking Consultants for the design of the pedestrian bridges
interface with Metro Transit (WMATA). Contract Award - $39M.
Middle/North Parldng Str~etures - Supervised design of two structured parking facilities for
Washington National Airport and coordinated with Metro Transit (WMATA). Managed design and
early construction of retail spaces adjacent to and construction within North Terminal Mall. Contract
Award- $57M.
Rental Cars ~.uiel~ Turnaround Facility - Coordinated with Rental Car Representatives and
supervised the selection, negotiation, design, and direction of the architectural/engineering firm of
Dewberry & Davis for the design/construction of rental car facilities at Washington National Airport.
Contract Award- $21M.
Americans Disabilities Act, Title II, Design/Implementation - Contracting Officer's Technical
Representative in selection, negotiation, and direction of Crrelner, Inc. for all public facilities, tenants,
retail construction at Washington National and Duties International Airports. Implementation Costs
- $157M.
Delta 3-Gate Addition Interim Terminal - Managed and directed Delta Airlines and its architect
1Walton Pate Associates. Full range of airport issues and interface with the airlines, concessions, retail
vendors, construction and operations adjacent to active gates. Contract Award - $38M.
I~LLERBE BECKET, INC, Architect - March 1989 to October 1989
Leader of a convention center and hospital design teams (Children's Hospital Center,
Washington Convention Center, WMATA). Designed and produced construction documents on five
Washington office buildings with retail on ground floors. Designed long span convention centers.
.~IC~MORE OWNINGS ~ MERRILl,. Architect - January 1988 to March 1989
Significant role in the design of two large-scale public projects (Metro Center, David Childs,
Washington, D.C.; and Sears Franklin Center, Dean Johnson, Chicago, Illinois) and their interface
with the local urban fabric and WMATA.
THOMPSON. VENTULETr, ~ STAINBACK & ASSOCIATES - Consultant -1986 -1987
Worked directly with the Project Manager ofthe Philadelphia Convention Center. Long span
structural designs incorporating convention space and interface with existin~ mass transit (SEPTA)
facilities. Developed designs related to Atlanta Convention Facilities and Expansion of an exi~
convention center.
PORTMAN. RABON. HATCH. & McWHORTER. ARCH1TECI~ -Architect - May 1986
Member of design teams (I4Jtton Intercontinental and Hyatt Hotels). Experienced hotel design
from schematics through construction. Working relationships with three principals, mass transits
stations with MARTA engineers, gift shop, retail shops, and hotel management. Member of design
teams (I-rflton Intercontinental and Hyatt Hotels). Experienced convention center design from
schematic design through construction. Working relationships with three principals, mass transits
stations with MARTA engineers, gift shop, retail shops, and hotel management.
PROFILE:
COMPUTER:
STUDIES:
Massachusetts - License # 9840
District of Columbia - License #5030
Commonwealth of Virginia - License # 10736
State of Maryland - License # 9846- MD
State ofFlorida - # AR 0016510
NCARB Certification # 42,428/File # 37,412
American Institute of Architects - January 1983 - Present
Southern, Standard, & BOCA Building Codes - Examiner and Inspector
AutoCAD2000, Intergraph, G.D.S., WordPerfect, Primavera
Maryland Graduate School of Architecture
Palazzo, Massimo and Roma, Italy
Cultural Associations - Pension W_imosa, Pantheon, & Florence, Italy
LANGUAGES: French, and Italian (Broken)
Ma~ 10, 2OO2
www. Hawkearchkects.com
Ms. Karen Schelk City Clerk Manager
City Clerk's Department
city of Dohay neath
100 NW 1" Avenue
Delray Bea~ Florida 32444
Reference:
Application for Advisory Board & Committees - Request for Membership
or Alternate Position - City of Delray Beach - 2002 Board(s)
DearMs. SchcB:
Thank you for your assistance in the application process of the City of Delray Beach
Advisory Boards and Committees. I am requesting in writing a potential position on the
following City of Delray Beaches' Advisory Boards and Committees. As requested, the list
of boards are an'anged in order of preference. Please note, the following list:
Site Plan Review & Appearance Board
Planning & Zoning Board
Downtown Development Authority
I appreciate your assistance to submit my name for the board(s) listed above. Thank
you for your assistance, ffyou have any questions, please contact me at (561) ?40 - ~0.
Thank you in advance.
Respectfully submitted,
Hawke & Associates, Architects LLC
Florida Licence # AR 0016510
cc: file, Attachments (Ground Floor Plan)
12 ! Heather Lane
Deiray Beach,
Florida 33444
RECEIVED
HAY ! n 2002
P. (561) 740- 44401 F.CTY
CLERK
(561) 921- 0444
DELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please tTpe or print the following information:
3. ~ Residence: G~ - Smtc ~p Code
4. P~dp~ Bus.ess Address: Ci~ State ~p Code
5. Home Phone: Business Phone: E-~ Address: Ce~ Phone: F~:
6. Arc you a re~stercd voter?. _ If so, where ~c yqu re~s~cred?
7. ~at_Bpard(s) are you interCOm ~e~g? Please ~st ~ order of preference:
8. Ust ~ C,~ Boards on w~A you are cu,enfly ,e~g or ~ave Vr~o~]y se~ea: ~ease include dates)
9. Educafion~ qu~ficafions:
10. ~st any related professionfl ce~ficafions md ~censes w~h you
11. Give your presdn~ or most r~ent employer, md position:
12. Des~b~expefiences, s~s or ~owled~ ~ch q~ you to se~e on ~s~o~d: ~lezse z~cha brief ms--e)
I hcrcb~q &at ~ &c a~o~e statements ~c ~c, ~d I ~ee ~d ~dcrsmd'~at ~y~ss~tcmcnt o~mdc~ facts '
don may cause foffd~c upon my pm of my appo~cnt I may r~ccivc.
Note: This application will remain on file in the City Clerk's Office ~l~~i)s from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
CITY CLERK
Mitch,:H R. Leiderman
1915 Lavers Circle E-306
Delray Beach, Florida 33444
($~1)274-4484
J.D., Rutgers University School of Law
Admitted to th,: Pennsylvania Bar in 1980
MBA, Temple Unive~ ity School of Business
BA, University of Mic ligan
Summary of Job Experience
Over 20 year~ of Experience as a Trial Attorney in Complex Commercial
Litigation Matters.
Over 20 Years of Experience in Real Estate, Civil Rights and Employment
Matters
Extensive Experience tn Administrative Law Practice and Procedures
Employment History_
Law Offices of Mitchell R. Lcide~an Media, Pennsylvania (1988-2001)
Managing Partner of this complex litigation practice, handling matters in over 20
states and 3 foreign countries
Hunn. Shelly lind Samel Larsdale, Pennsylvania (1986-1988)
Chair, Litigation Depar ment
Mozenter. Molloy and Durst Philadelphia, Pennsylvania (1984-1986)
Trial Attorney
Pennsylvania Human Relatio ~ Philadelphia, Pennsylvania (1976-1984)
Fact Finder and Hearing Examiner for the agency which enforces State and
Federal Civil Rights La,rs in Pennsylv~a
Member of the Pennsylvania Bar and ~dmitted to practice before the Supreme Court of
Pennsylvania, The U.S. Third Circuit Court of Appeals, The United States Court for the Eastern
District of Pennsylvania and The Unite d States Court of Claims. Admitted Pro Hac Vice to
practice in the State and Federal Court; in over 20 U.S. Jurisdictions and in 3 tbreign Countcies
including The United States District C )urt for the Southern District of Florida.
12/]';/02 TUE 11:29 F/II 561 243 3?74 C]?¥ CLERk(
CITY OF DEL, RAY BEACH
BOARD MEMBER APPLICATION
1993
2OOl
PIcssc type or print thc £oliowin~ imrorma~ion:
LOCKETT WOODROW W .
2. ~;r,e ^da,~;:I o~7" s,~ ..... z~ C~de
595 N.W. 5Oth Avenue Del r.ay Beach F,L 33445
595 N.W. 5Oth..ivenue De!ray Beach ,F,L 33445
4, P~cip~ Buain~ Ad~s: ~ 5~te Zip Cod~
135 S.E. 5th Avenue, Suite 1-N Oelray Beach FL 33483
5 Home Phone: ~smess 'Phone' ~:~ Ad.ess: ' ~ ~o~ F~'.
561 496-1052_~561 276-6715 ~[~kettrealty~
- . - L.COH 561-271-3847 561-276-679
6. ~c 7ou · ~cr~d ~ot:?
Yes... Del ray Beac~ FL
T. ~at ~o~(i) ale you interes~d in se~ng? P~e hit ~ o~c~ o{ ~cfe~eo~:
The Board of Adjustment
8. Dst a~ G~' ~atds on w~ch rou ~c caneod~ s~ or ha~ ~ously ~ ~ ind~ da~s)
Served one term with Affordable Housing in the year 2000.
'~. E~ummnm~ 9u~6c~6on~: B a c h e I o r ' s D e g r e e i n G e n e r a 1 B u s i n e s s
10 ~st any ~ted p'~ofcss~on~ cemficado~ and Ucc=scs w~ch ~ou hold:
I am presentl~ a Licen.~ed Real Est~t~..Broker & LAc. Mortgage Broker
Il G~vc your pre~ng or most r~cnt cmptoy~, ~d
I am presently sely-employed as a Real Estat~ Broker for Lockett
Realty and a Licensed Mtg. Broker for Abell Homes Loans (part-time
I have mo~e than 16 y.~ars of Residential Real Estate experience:_
And prior.to that, I worked as a Residential Real Estate A~praiser
in Austin) Texas.
com~ed ~ ~s zppb~ may ~ [~[~e ~ my ~ o~ ~ny ~~t ] ~y r~e.
12/gO/O2
[ SIG~ DA~
Note: Ttus application will remain on RIc ia thc City Clerk's Office lot a per~od of 2 ye. nm fzom thc dmt~ it
submitted. It ~ bc th~ ~pplicam's msponsibibty to ensuze that n current npplic~on is on t'de.
RECEIVED
DEC 2 0 21~2
CITY CLERK
08,'OS,*Ol I~D 16:55 F~ 561 243 3774 CI'I~ CT.I:~.~ ~002
Ail-Am~caCily
'~llJ: CiTY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
2. Home Addzcss; zY' City .-
¢. Prmcipa2 Business Ad&ess: City State Zip Code
5. Home Phone: Bu.~s~ Phon. E-Mad Ad&ess: Cdl Phone: F,xx:
6. Ar[' you a regbtcrccl vote~.~ I£ so, where azc you r~gistcrcd?
7. ~/h~c~oazd(s) ~re you mt~ecsted ha sexving? Plcuc bt in order o£preEetence:
~. Edu,¢~uonfl clu~c~cion$: . -
~ / / ~ · /
10. risc ~.¥ relar¢cl ?mfes$iond cemficacions ~ncl licenses which ¥o~ hold:
! ~. C,~v_e your pmsettc, or most ~ec~c employer, ~acl posiciom '"
12 Desczibc cx'pcd.~s'~c~t4dlls oz knowledge which qu~'y you to .v.~e boazd:"Fleue attach, a bne~' resume)
cont~in~.d m ti'us ~_.L~lic~.rioh~ay.cause ~or~eiturc upon my part of my -~ppoinrrnene ! tray receive
7
Note: Tl',.i, =ppkcarion will remai,~
suTton=ed. It ~ be the app~c~t's respons{b~w
/ q
RTW
~X.~..A,TZON z
H~CZ.I 1987-Pl~.~Z2~
C~R~ATE PRESID~. ~, PAsk Han~q~rs ~s o~zed
for ~~l~ wl~ ~ r~ of light ~a~g.
~tlve for ~ ~y's ~a~ ~s ~ fill
~t ~~t ~or ~tes ~ size ~ld
~ f~ ~r~q a risk roger.
CCZE ASSOCZAT~ SYNDICAT~
B.D. COI~, INC.
~,I982-HA,RO:1,1987
BEN F. RI~ & ASSOCL~:I'ES
Ft. Laudardale, Fl.
~ F. alcker & Assoc~tes operated as a ~',,,,rclal general
insurance agency
Columbus, Ohio
-October, 1982
u'kI~RY 1977-D~ID~ER, 1978
National Dir~'t~r of Narketin~. respc~llble for direct marketing
and contract negotiatto~ with Independent Insurance Aqents t~ro~gh-
out the United States. Nanaglnq sales force vith/n the caupany
creatinq a total o4 83 ~genc~ appolnt~nts and p~ci~g 2.6
millic~ dollars in v~lue~ over the ~2 mmth period.
-1-
P.O. BOX 83.2041 · DEI.RAY P~.ACH, FLORIDA ~ · (305) 794.7~ * FAX ~ ~e',fl~lilA9
RTW co p, Nr Nc.
March, lg?6-Janu8~ Z977
Consultant to oag~rcial banks, large rr~ail rtaks in Lhe fields
of risk mnag~ant, 9~neral insurance self ins~r~z~ programs.
~orked with irmurance agencies in the fields of sales motivation,
validation zecj~lr~ments for ne~ sales people and agency mrag~nt.
PICKER ~I3EI~CY, L~.
Cocoa Beach, F,tor:l. da
J~'~e 1953-Hatch ,t976
Star~ tn general insurance sales. Became President of the
ccr~oany responsible for administration and sales. Agency vol~e
~ncr~a~ed in this per£c~ f,~,, $132,000 per year to over $700,000
per year.
I~.0. BOX~3.E041 · D£LRAYBEACH, FLORIDA ~4~3 · (305)X94.XX35 · F~.,
RTW COMPANY INC.
l~mdi~ President of ~rtcan P~ot~ctlv~ Life Instance Co.
liav~ valuable knowledge in the field o£ agency ~quisttic~.
2. ~ o£ the Florida Association of Ir~epen~ent Insurance
J~nt~. Serv~ m the A~nc~ ltana~t CCm~/tC~ for 4 years.
3. Char*er Presl~nt of C~ntral B~va~d Iru~~t ~u~ents Assoc.
Starter Presl~ent o£ the Agents Mvisor~ ~cer~ for F~tal
S~te of Florl~ ~ ~s~s ~y p~=~ ~d c~ges ~
Taught general insurance at both High School and Junior Colleqe
level.
CIVIC&
SERVICE
~ETIVITI~. Ox~a B~ach Chamber of ~~e ~l~t S Vt~ P~st~nt
S~ Vt~ P~st~nt Florl~ J~l~ ~r of C~~
~ ~h VI~ ~yor ~d
~ b~h ~r of ~rce ~a of Dir~ for 6 ye~s.
P~sl~t for ~e ~ar.
Brevara County Planning & Zoning Boar~ for 4 years
COCI~ BE~t~ Junior Chamber of ~
~ert~a Club
Distir~uished Service ~'ard
lt~tnated as c~e of Florida's Five Outsta~n9 Yotmg ~
1951 - Jur~ 1953
P.O. BOX B3.~041 · DELRAY BEACH. FLORIDA 334~3 · (305)?94.7735
[ITY OF DELRI1¥ BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line: 561/243-7091
TO:
993
MEMORANDUM
December 31, 2002
City Commission
David T. Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Lease of Land to Boys and Girls Club
The Boys and Girls Club of Palm Beach County lease the Catherine Strong Center
that is located in Lease Area 5. The Boys and Girls Club desires to enter into a
new lease of property for the land in Lease Area 4. The Boys and Girls Club
plans to erect a building on premises.
The lease is before you in legislative format to show the changes in the existing
Lease. The lease shall be for 75 years from the receipt of a building permit on
Lease Area 4. The building permit must be obtained by January 1, 2004 and the
building must be completed by January 1, 2005 or the lease as to Lease Area 4
will be null and void and the current lease will remain in effect. The current lease
will expire when a certificate of occupancy is received on Lease Area 4.
At the end of the lease, the Boys and Girls Club may exercise an option to
purchase the land for $10. The deed shall contain a reverter. The land reverts to
the City if the land is not used as a Boys and Girls Club. The Lessee shall have
full maintenance responsibility for Lease Area 4. The City will maintain the
property outside of Lease Area 4. Lessee shall pay all utilities. Lessee shall have
the right to sublet the premises, but not full-time, for periodic uses consistent with
the limitation of providing education or recreational services to youth.
By copy of this memorandum to David Harden, City Manager, please place this
matter on the January 7, 2003 City Commission agenda for a Public Hearing,
pursuant to City Ordinance 36.35.
Please call if you have any questions.
SAR~
Attachment
cc: Mary O'Connor
Paul Dorling, Director of Planning and Zoning
Joe Weldon, Director of Parks and Recreation
Robert Barcinski, Assistant City Manager
LEASE AGREEMENT
BETWEEN
CITY OF DELRAY BEACH, FLORIDA
AND
THE BOYS AND GIRLS CLUB OF PALM BEACH COUNTY, INC.
ARTICLE I
1.01
1.02
1.03
ARTICLE II
2.01
ARTICLE III
3.01
3.02
3.03
3.04
ARTICLE IV
4.01
4.02
ARTICLE V
5.01
ARTICLE VI
6.01
6.02
6.03
ARTICLE VII
7.01
TABLE OF CONTENTS
BASIC LEASE PROVISIONS
Premises
Parking
Length of Term and Commencement Date
RENT
Annual Rent
CONDUCT OF BUSINESS AND USE OF
PREMISES BY LESSEE
Use
Conduct
Alterations by Lessee
Hazardous Substances
REPAIRS AND MAINTENANCE OF PREMISES
Responsibilities of Lessor and Lessee
Lessor's Right to Inspect and Repair
UTILITIES AND SERVICES
Responsibilities of Lessor and Lessee
INSURANCE
Insurance by Lessee and Lessor
Personal Property
Indemnification
DESTRUCTION OR CONDEMNATION OF
PREMISES
Damage or Destruction by Fire, War
or Act of God
PAGE
2
3
3
3
4
4
5
6
6
6
6
7
ARTICLE VIII
8.01
8.02
ARTICLE IX
9.01
ARTICLE X
10.01
10.02
ARTICLE Xl
11.01
11.02
11.03
11.04
11.05
11.06
11.07
11.08
11.09
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
TABLE OF CONTENTS
DEFAULT
Default by Lessee
Default by Lessor
QUIET ENJOYMENT
Lessors Covenant
SURRENDER, HOLDOVER
Surrender of Premises
Holdover
MISCELLANEOUS
Notices and Consents
Severability
No Recording
Venue
Captions - Recitals
No Representations - Entire Agreement
Time of the Essence
No Assignment or Subletting or
Licensing of Premises
Radon
Benefit and Binding Effect
Collectively referred to as the Premises
Insurance Requirements
County Deed
Lease Area 5
PAGE
7
8
8
9
9
9
10
10
10
10
10
10
11
11
11
RE,~T-A-T-ED LEASE AGREEMENT
THIS ~ LEASE is made this ~ day of
2002, by and between the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred
to as the "Lessor", and BOYS AND GIRLS CLUBS OF PALM BEACH COUNTY, INC.,
a not-for profit Florida corporation, hereinafter referred to as "Lessee".
applicable grace period. W I T N E S S E T H:
WHEREAS, the Lessee currently has a 25 year lease to the premises
described in Exhibit D as Lease Area 5 and dated June 1, 1997; and,
WHEREAS, Lessor desires to continue leasin.q the premises shown in
Exhibit D under its current lease dated June 1, 1997, until the new buildin.q is
constructed in Lease Area 4, at which time the Lessee shall lease the premises
depicted in Exhibit A~ as Lease Area 4~ te--the-L-essee to be used solely and exclusively
for public park and recreational purposes or other public purposes, which may include
educational purposes and all other purposes set forth in Lessee's Charter, provided
that there is no conflict with the purposes set forth herein and the deed from Palm
Beach County to the City as set forth in Exhibit "C"= under the terms and conditions
herein provided.
NOW, THEREFORE, it is hereby mutually covenanted and agreed by and
between the parties hereto that this Lease is made upon the agreements, terms,
covenants and conditions hereinafter set forth.
ARTICLE I
BASIC LEASE PROVISIONS
1.01 Premises
In consideration of the rents, covenants and agreements hereinafter
reserved and contained on the part of the Lessee to be observed and performed, the
Lessor demises and leases to the Lessee, and Lessee rents from Lessor, land
located within Lease Area 4 and as further described in Exhibit A, attached hereto and
by reference made a part hereof, referred to as the "Premises". Lessor hereby grants
Lessee a non-exclusive easement across the property for ingress and egress to the
Premises during the term of this Lease. The non-exclusive easement across the
property shall not interfere with Lessee's operations, or restrict access to the inside of
the Club unless there is prior notice.
1.02 Parking
Parking shall be located on the Premises.
1.03 Length of Term and Commencement Date
The Term of this Lease shall be for a period of seventy-five (75) years
commencing from ' .... ! ~ac~ ~,~,., ,-,.;,-,;....~ ,,r- .......... , n.~,..,,~. .~°"'~.~ ~,v,-,~.;,, .... ,~ ..,,
,~,,. ,~ o, ,~ .... ~: ~A.~., '~nTA the date of receipt of a buildinq permit for the construction
of a buildinq on Lease Area 4. If the buildin.q permit is not obtained by January 1, 2004
or if the buildinq is not completed by January 1, 2005, then this Lease A.qreement shall
be null and void and the only right of the Lessee shall be to continue to Lease Area 5
under the current Lease Aqreement dated June 1, 1997. The City shall have the riqht
to either choose to extend the time for completion, which if requested by Lessee, shall
not be unreasonably denied, or shall order the Lessee to remove the incomplete
buildinq at Lessee's expense or finish the buildinq for City use under terms acceptable
to the Lessor and the City. During construction, the Lessee may occupy Lease Area 5
under the current lease dated June 1, 1997. After the buildinq on Lease Area 4
receives a CO, the current Lease dated June 1, 1997 shall be null and void. Durinq the
construction period, Lessee shall have the riqht of access throuqh the Premises for the
purpose of construction of the intended improvements as set forth in Section 3.01
herein. The insurance and indemnification provisions of Article VI shall also apply
throughout the lease term and also durinq the construction period.
This Lease shall terminate upon Lessee's failure to comply with each and
every requirement imposed upon Lessee under the terms of this Lease after any
Provided that Lessee has continually maintained the Premises for
permitted uses as set forth in this Lease (The "B&G Club Use"), and provided that
Lessee is not in default of any of the terms and conditions of this Lease, then Lessor
grants to Lessee the option to purchase the Premises from Lessor at the expiration of
the original or extended Lease Term, as set forth herein. The purchase price shall be
equal to the sum of $10.00, together with payment of all transfer costs of the
transaction. In the event that Lessee desires to exercise such option, Lessee shall
provide Lessor written notice of such exercise within sixty (60) days prior to the
expiration of the Lease Term (the "Purchase Notice").
Closing shall take place within sixty (60) days after the Purchase Notice.
In the event that any restrictive covenant exists on the Premises as of the
commencement date of the Lease that requires a third party approval for the
conveyance, Lessee shall have the obligation to seek such approval or obtain a waiver
of such approval. At closing, Lessor shall convey marketable title by warranty deed,
free and clear of any encumbrances to Lessee, provided however, that the deed shall
contain a reverter clause providing that if Lessee fails to use or maintain the Premises
for the B&G Club Use, title shall revert back to Lessor. Lessee shall pay for any
recording costs, survey expense, and any title insurance policy desired by Lessee.
Lessee shall take the Premises in an AS IS condition. Any prorated expenses of the
Premises such as taxes, assessments or otherwise, shall be prorated as of the closing
date.
ARTICLE II
RENT
2.01 Annual Rent
The Rent payable annually in advance by Lessee for the Term of this
Lease for the use and occupancy of the Premises is One ($1.00) Dollar per annum.
Lessee is a tax exempt entity as evidenced by tax exemption #
No sales or use tax shall be included or charged with Rent or any other payment
required of Lessee pursuant to this Lessee, unless required by law. If so required, the
Lessee shall pay for such taxes for prior or future years, all as may be required by law.
Payment of Rent will be mailed to Lessor as stated in Section 12.01 of this Lease.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE
3.01 Use
Lessee shall build a building and other improvements in accordance with
a site plan that may be amended from time to time. Lessee shall use and occupy the
Premises for the purpose of maintaining a recreational center and for providing
recreational/educational programs and for other public purposes with attendant offices
and meeting rooms necessary to provide recreational programs, and for no other
purpose or use whatsoever, without the prior written consent of the Lessor. The
Lessee is also bound by 501C(3) purposes and charters. The Lessee shall not use the
premises for any purpose that conflicts with the purposes set forth herein and in the
deed from Palm Beach County to the City, as shown in Exhibit "C".
3.02 Conduct
Lessee shall not commit waste on the Premises, nor maintain, commit or
permit the maintenance or commission of a nuisance thereon, or use the Premises for
an unlawful purpose or unpermitted purpose. Lessee acknowledges that its employees
and the Premises shall throughout the Term of this Lease be in full compliance with all
Federal, State, County and local statutes, laws, rules and regulations including without
limitation, Sections 402.301 to 402.319 inclusive, Florida Statutes, if applicable to
Lessee and rules and regulations promulgated thereunder as may be amended from
time to time and shall be propedy licensed by all applicable authorities as may be
required for the lawful operation of the Premises as a recreational facility serving
children and as otherwise pertain to Lessee's use of the Premises.
3.03 Alterations by Lessee
Lessee agrees to perform, at its own cost and expense, all work
necessary to fully equip and maintain the Premises for Lessee's permitted use of the
Premises as specified in Section 3.01 of the Lease.
Any installation, alteration, addition, improvement or other physical
change ("Alteration") requiring a building permit in or about the Premises by the Lessee
shall require the prior written consent of Lessor whose consent shall not be
unreasonably withheld. Lessee shall submit plans for Lessor's approval of all such
alterations. Upon granting its consent, Lessor shall specify whether the Alteration is to
be removed by Lessee, at Lessee's sole cost and expense, upon the expiration of the
term of this Lease. In the event a construction lien is filed against the premises, Lessee
shall comply with all applicable provisions of Florida Statutes, Chapter 713, Part I.
Lessee, within thirty (30) days after notice from the Lessor, shall discharge, or shall
have mechanics lien transferred to bond, any mechanic's liens for materials or labor
claimed to have been furnished to the Premises on the Lessee's behalf and to
indemnify, defend and save Lessor harmless from and against any damage or loss
incurred by the Lessor as a result of any such construction lien. All buildings,
alterations, additions, improvements, decorations or installations, including but not
limited to, partitions, railings, (except movable furniture and fixtures put in at the
expense of Lessee and removable without defacing or injuring the Building or the
Premises), shall become the property of Lessor at the termination of the Lease Term.
3.04 Hazardous Substances
Lessee shall not use, store or dispose of any "Hazardous Substances"
on the Premises, any chemical, material or substance, including petroleum products,
the handling, storage, transportation, disposal of or exposure to which is prohibited,
limited, or regulated by any federal, state, county, regional or local authority. In the
event of accident or discovery of such storage or disposal, Lessee shall immediately
report such occurrence to Lessor, indicating what is being stored or disposed of, and
what actions Lessee is undertaking to remove said hazardous substances or petroleum
products. Lessee agrees to indemnify, defend and save harmless the Lessor from and
against any claim, damage or loss incurred by Lessor as a result of the storage,
disposal, exposure or transportation of the aforementioned hazardous substances and
petroleum products. ARTiCLE IV
REPAIR AND MAINTENANCE OF PREMISES
4.01 Responsibilities of Lessor and Lessee
(a) Lessee at its sole cost and expense, agrees to repair and maintain
the Premises and keep the building and appurtenances in good order and condition.
Lessee's responsibility includes, but is not limited to the repair, maintenance, and if
necessary, the replacement of the roof, roof drains, outside walls, foundation and
structural portions of the building (both interior and exterior), the fire sprinkler and
electrical systems of the Premises and the plumbing and sewage pipes servicing the
Premises and located in the Premises. Throughout the term of this Lease, or any
extension thereof, Lessee shall be responsible for all costs and expenses associated
with the repair, maintenance, and replacement if necessary, of the HVAC systems of
the Premises.
Lessee shall be responsible for the painting of the building, and additions
or alterations thereto (both interior and exterior) and any additional buildings both
interior and exterior constructed on the Premises. Lessee shall paint the building(s) at
least once every five years, unless Lessor agrees that it is reasonable to delay the
painting thereof. The exterior building color shall be approved in advance by the
Lessor. Lessee shall maintain, repair and/or replace if necessary all existing outdoor
play structures including play equipment, basketball standards, backstops, etc. and any
other such equipment which presently exists or is later installed by the Lessee on the
Premises during the term of this Lease and shall keep the aforesaid in the same
condition as it existed at time of Lease, normal wear and tear expected. Lessee shall
maintain and repair all structures or appurtenances placed on the property by Lessee.
Lessee shall also maintain, repair and replace if necessary all outdoor lighting and
outdoor paved areas on the Premises, including, but not limited to, play areas and
parking lots on the Premises. Lessee shall be responsible for repair and replacement
of fencing and for the maintenance of irrigation and landscaping on Lease Area 4.
(b) Lessor shall be responsible for perimeter fence
maintenance/repair or replacement, for landscape and ground maintenance, and repair
and replacement of the irrigation system located on the property that is situated outside
of Lease Area § 4. The Lessor shall be responsible for the repair and maintenance of
the paved access road and parking area adjacent to the Premises. All other
maintenance/repair and/or replacement not expressly reserved to Lessor shall be the
responsibility of Lessee.
(c) If the Lessor or Lessee shall fail to propedy repair or maintain any
item required to be repaired or maintained by Lessor or the Lessee under this Lease
or fails to perform or pay for services or utilities as required by this Lease, within thirty
(30) days of notice from the other party of the need for such repair, maintenance,
performance or payment, the Lessee or Lessor, may complete such repairs, perform
the necessary maintenance, or provide or pay for services or utilities and Lessor or
Lessee shall reimburse the other party for all reasonable expenses incurred by Lessee
or Lessor in doing so. If the Lessee fails to respond within thirty (30) days of notice
from Lessor of the need for replacement of any item required to be replaced, by setting
forth a reasonable schedule for replacement acceptable to Lessor, the Lessor at its
sole discretion shall undertake the replacement thereof and the Lessee shall reimburse
the Lessor for all expenses incurred by Lessor in doing so.
4.02 Lessor's Right to Inspect and Repair
The Lessor or the Lessor's agents shall have the right upon reasonable
prior notice to the Lessee (except that no notice need be given in case of emergency)
to enter the Premises for the purposes stated in Paragraph 3.01 and for the purpose of
inspection and maintenance of, or the making of repairs to the Premises or the Building,
which are Lessor's responsibility hereunder or which Lessor has the right to perform
pursuant to Paragraph 4.01, or for the purpose of complying with laws, regulations or
other requirements of government authorities. Any such entrance into the Premises
shall be conducted by Lessor in a manner calculated to minimize interference with or
disruption of Lessee's operations within the Premises.
ARTICLE V
UTILITIES AND SERVICES
5.01 Responsibility of Lessor and Lessee
Lessee shall supply at its cost and expense separate meters, if required,
for measuring electricity and water used or consumed as a result of Lessee's use of
the building and parking areas located on the Premises. Lessee agrees to pay all
charges for electricity and water or any other utilities used or consumed as a result of
the use of the building and parking areas located in or on the Premises, including the
cost of outside lighting of the Premises, by contracting directly with the utility company
furnishing such utilities to the Premises. The Lessee shall remove its refuse and
rubbish from the Premises to any area on the Property to be designated by Lessor and
from which it will be removed at the expense of Lessee. Lessee shall be responsible
for all garbage and trash removal fees and charges including but not limited to all fees
and charges submitted by the Solid Waste Authority for solid waste generated from the
Premises. The Lessee at its expense shall contract for all janitorial services in and
about the Premises and shall cause all portions of the Premises to be regularly.
ARTICLE VI
INSURANCE
6.01 Insurance by Lessee and Lessor
During the entire Term of this Lease or any renewal thereof, Lessee shall
provide insurance as shown in Exhibit B.
6.02 Personal Property
All of Lessee's personal property placed or moved in or on the Premises
shall be at the risk of the Lessee or owner thereof. Except as otherwise provided
herein, Lessor shall not be liable for any damage to said personal property, except to
the extent caused by the Lessor, its agents' or its employees' willful or negligent acts or
omissions.
6.03 Indemnification
Lessee shall indemnify and save harmless the Lessor, its officers, agents
and employees, its officers, agents and employees from and against any and all claims,
suits, actions, damages and/or causes of action arising during the Term of this Lease or
any renewal thereof, for any personal injury, loss of life and/or damage to property
sustained in or about the Premises by reason or as a result of the use and occupancy
of the Premises by the Lessee, its agents, employees, licensees and invitees and the
general public and from and against any orders, judgments, and/or decrees which may
be entered thereon, and from and against all costs, attorney fees, expenses and liabil-
ities incurred in and about the defense of any such claim. Said indemnification by
Lessee shall not include indemnification for claims, damages, loss, or liabilities which
are judicially determined to adse out of the negligence or willful misconduct of the
Lessor, its officers, employees or agents, its officers, employees or agents. In the
event that the Lessor is made a party to any litigation commenced against the Lessee
or by the Lessee against any party, then Lessee shall indemnify, protect, hold
harmless and pay all costs and attorneys fees incurred by Lessor in connection with
the litigation and any appeals thereof. Nothing herein shall constitute a waiver of
sovereign immunity of the Lessor.
ARTICLE VII
DESTRUCTION OR CONDEMNATION OF PREMISES
7.01 Damage or Destruction by Fire, War, or Act of God
In the event the Premises shall be destroyed or so damaged or injured by
tire, flood or other casualty during the term of this Lease or any extension thereof,
whereby the same shall be rendered untenantable, in whole or in part then the Lessee
7
at its sole option may terminate the lease or may commence and complete replacement
or restoration thereof within two years of the aforementioned event. In the event of any
such casualty and if Lessee fails to complete restoration or replacement within the two
year period, the Lessor may, in its sole discretion grant an extension of time or
terminate the Lease, and Lessor may complete the restoration or replacement or
demolish the improvements and properly dispose of the demolished materials and
Lessee shall reimburse the Lessor for all costs and expenses in doing so. In the event
Lessee or Lessor elects to terminate this Lease, instead of replacing or restoring the
premises, both parties shall be relieved of all further obligations hereunder, except as
provided herein. The cancellation herein mentioned shall be evidenced in writing.
ARTICLE VIII
DEFAULT
8.01 Default by Lessee
The occurrence of any one or more of the following shall constitute an
Event of Default by Lessee under this Lease: (i) Lessee shall fail to perform or
observe any of the agreements, covenants or conditions contained in the Lease on
Lessee's part to be performed or observed and such failure shall continue for more
than thirty (30) days after notice; (ii) Lessee shall vacate or abandon the Premises; or
(iii) Lessee's leasehold estate shall be taken by execution, attachment or process of
law. If any Event of Default occurs, then, at any time thereafter while the Event of
Default continues, Lessor shall have the right, at its own option, to either cure the
default and Lessee shall reimburse Lessor for all expenses incurred by Lessor in
doing so or may give Lessee notice that Lessor intends to terminate this Lease upon a
specified date no less than three (3) days after the date the notice is received by
Lessee, and this Lease shall then expire on the date specified as if that date had been
originally fixed as the expiration date of the term of this Lease. If, however, the default
is cured within the three (3) day period or the Lessee commences to cure the default
within the three day period and thereafter diligently pursues such cure and the Lessor
is so notified, this Lease will continue, provided the cure is perfected within a
reasonable time or within the time as may be provided by the Lease.
8.02 Default by Lessor
Lessor shall be in default of this Lease if Lessor shall fail to observe or
perform any term, covenant or condition of this Lease on the Lessor's part to be
observed or performed, and the Lessor shall fail to remedy same within thirty (30) days
after notice from Lessee. In the event the default is of such nature that it cannot be
reasonably cured within the foregoing thirty (30) day period, Lessor shall be entitled to
a reasonable period of time under the circumstances in which to cure said default,
provided that Lessor diligently proceeds with the curing of the default. In the event that
the default is not cured by Lessor within the foregoing time period, Lessee, at
Lessee's option, may cure either said default and Lessor shall reimburse Lessee for
all expenses incurred by Lessee in doing so, or Lessee may give to the Lessor a three
(3) day notice specifying that the Lessee intends to terminate this Lease. Upon receipt
of said notice and expiration of the three (3) day time period, this Lease and all
obligations of Lessee hereunder shall terminate and Lessee shall thereupon be
relieved of all further obligations hereunder.
ARTICLE IX
QUIET ENJOYMENT
9.01 Lessor's Covenant
Upon payment by the Lessee of the Rent and other charges herein
provided, and upon the observance and performance of all the covenants, terms and
conditions on Lessee's part to be observed and performed, Lessee shall peaceably
and quietly hold and enjoy the Premises for the term hereby demised without hindrance
or interruption, subject to the terms of this Lease.
ARTICLE X
SURRENDER, HOLDOVER
10.01 Surrender of Premises
Upon expiration of the term, the Lessee shall, subject to the provisions of
Section 3.03 of this Lease, remove at its own cost and expense, its personal property,
trade fixtures and equipment and shall deliver the Premises to Lessor in good repair
and condition, excepting reasonable wear and tear arising from Lessee's permitted use
of the Premises.
10.02 Holdover
Any holdover by Lessee, with or without the consent of Lessor, at the
expiration of this Lease, shall create a new tenancy from month-to-month between
Lessor and Lessee which shall be subject to all terms and conditions hereof. This
holding over shall not result in renewal or extension of this Lease.
ARTICLE Xl
MISCELLANEOUS
11.01 Notices and Consents
Any consents, approvals and permissions by the Lessor shall be effective
and valid only if in writing and any notice by either party to the other shall be in writing
and shall be deemed to be duly given only if mailed prepaid by certified mail, return
receipt requested addressed:
(a) if to the Lessor at:
City Manager
200 N.W. 1st Avenue
Delray Beach, FL 33444
(b)
if to the Lessee at:
Boys and Girls Clubs of Palm Beach County, Inc.
2247 Palm Beach Lakes Boulevard
Suite 212
West Palm Beach, FL 33409
with a copy to:
Office of the City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
Or at such other addresses as the Lessor or the Lessee, respectively, may designate
in writing.
.02 Severability
If any term of this Lease or the application thereof to any person or
circumstances, shall to any extent be invalid or unenforceable, the remainder of this
Lease, or the application of such term to persons or circumstances other than those as
to which it is invalid or unenforceable, shall not be affected thereby, and each term of
this Lease, shall be valid and enforceable to the fullest extent permitted by law.
11.03 No Recording
Lessor and Lessee agree that a Notice of Leasehold interest, in form
agreeable to each party, shall be recorded in the public records to set forth the term of
the Lease, identification of the parties, and notice that the Lessor's interest in the
Premises is not subject to any lien.
10
11.04 Venue
This Lease shall be governed by and interpreted according to the laws of
the State of Florida. To the extent allowed by law, the venue for any action adsing out
of or from this Lease shall be in Palm Beach County, Florida.
11.05 Captions - Recitals
The captions in this Lease are included for convenience only and shall not
be taken into consideration in any construction or interpretations of this Lease or any of
its provisions.
The Recitals contained on page one of the lease are hereby incorporated
as if set forth fully herein.
11.06 No Representations - Entire Agreement
This Lease constitutes all agreements, conditions and understanding
between Lessor and Lessee concerning the Premises. All representations, either oral
or written, shall be deemed to be merged into this Lease. Except as herein otherwise
provided, no subsequent alteration, waiver, change or addition to this Lease shall be
binding upon Lessor or Lessee unless reduced to writing and signed by them.
1.07 Time of the Essence
Time is of the essence with respect to each provision of this Lease which
requires that action be taken by either party within a stated time period, or upon a
specified date. Any reference to a certain number of days shall be deemed to be
calendar days. Any time period provided herein which shall end on a Saturday, Sunday
or legal holiday shall extend to 5:00 p.m. EST of the next business day.
11.08 No Assignment or Subletting or Licensing of Premises
Lessee shall not assign nor sublet or License the Premises without the
prior written consent of the Lessor, which consent may be granted or withheld in the
Lessor's sole discretion, unless such assignment is to any successor of the named
Lessee which shall use the premises for the same permitted use, in which case Lessor
shall not unreasonably withhold its consent.
Notwithstanding the above, Lessee shall have the right, without
requirement to seek approval of Lessor, to sublet the Premises for periodic, but not full-
time, uses consistent with the defined uses in the Lease, in order to provide educational
or recreational services to youth."
11.09 Radon
Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient qualities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from the public health unit.
11.10 Benefit and Binding Effect
This Lease shall be binding upon and inure to the benefit of the heirs,
successors, legal representatives and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Lease as of the date set forth below.
ATTEST: LESSOR:
CITY OF DELRAY BEACH
By: By:,
City Clerk
David W. Schmidt, Mayor
Approved as to form and legal
sufficiency:
City Attorney
ATTEST:
Deputy Clerk
Rev. 4/23/02
Rev. 6/04/02
Rev. 6/21/02
Rev. 1115/02
Rev. 12/9/02
Rev. 12/19/02
LESSEE:
BOYS AND GIRLS CLUB OF
PALM BEACH COUNTY, INC.
By:
Title:
COUNTY DEED
F.S. 125.411
PREPARED BY:
R94
17620
ARTHUR K~JILENBERG
PROPERTY & REAL ESTATE HJUeAGEHENT
3323 BELVEDERE ROAD, BLDG. 503
WEST PAL~H BEACH, FLORIDA 33406
COUNTY DEED
DEC 0 6 199~
THIS DEED, made this day of ..... , 1994, by
PAL~ BEACH COUNTY, a political subdivision of the State of Florida,
patty of the firs= part, and CITY OF OELP. AY BEACH, FLORIDA, a
municipal corporation, party of the second par=, whose post office
address is 100 U.W. 1st Avenue, Del=ay 8each, Florida 33444,
W I T N E S S E T H: That said party of =~e first part,
for and in consideration of the sum of Ten Dollars ($10.00) to it
in hand paid by the party of the second part, receipt whereof is
hereby acknowledged, has granted, bargained and sold to
o~ the second part, his heirs and assigns forever, that follow£ng
described real property situate in Palm Beach County, Florida:
The West 1/2 of Lot la, Section 20, Township 4G South,
Range 43 East, Palm Beach County, Florida.
This Deed is made upon the express condition that said
real property shall be used solely and exclusivel~for
public park and recreational purposes, or other public
purposes, and that in the event said property is used for
any other purposes it shall automatically rever~ to the
party of the first part.
IN WITNESS WHEREOF the said parry of the first pact has
caused these presents to he e×ecuted in its name by its Board of
County Commissioners acting by the Chair or Vice-Chair of said
Board, =he day and year aforesaid.
ATTEST:
OOROTHY H. WILKEN, Clerk PA~J~ BEACH COUNTY, FLORIDA, BY
AND LEGAL SU~F~ENCY ~O: COUNTY.
, .. ,
..j~
~ssC. ~u~ ~orney "",,f.,[.~j-~
Exhibit C
I I
I I
74'
I:~'RTBT T D
Helping Shape
Florida's Future*
Eric Ash
Kristin Bennetl
W. O. Birchfield
Jody Lane Brooks
William G. Capko
Beth Ann Carlson
Michelle Diffenderfer
Robert P. Diffenderfer
Kenneth W. Dodge
Amy M. Dukes
Brenna Malouf Durden
Laura Jacobs Feagin
Roslynn M. Ferguson
Wayne E. FIo~vers
John ~. Forehand
Walter E. Forehand
Melissa Gross-Arnold
Kevin S. Hennessy
R. Ste}en Lewis
Terr)' E. Lewis
James W. Linn
Anne Longman
G. Stephen Manning
David E. Ramba
Kenneth G. Spillias
Edwin A. Stcinmeyer
Glenn E. Thomas
Stephen A. Walker
www.llw-law.com
Jaclsom,llle Office
9428 Baymeadows Road
Suite 625
Jacksonville, Florida 32256
(904) 737-2020
Fax: (904) 737-3221
Tallahassee Office
Post Office Box 10788 (32~02)
125 South Gadsden Street
Suite 300
Tallahassee, Florida 32301
(850) 222-5702
Fax: (850) 224-9242
West Palm Beach Office
1700 Palm Beach Lakes
Boulevard, Suite 1000
West Palm Beach, Florida
33401
(561) 640-0820
Fax: (561) 640-8202
LEWIS, LONGMAN
ATTORNEYS AT LAW
JAN 3 - 2003
CITY MANAGER
MEMORANDUM
REPLY TO: TALLAHASSES
TO:
Susan Ruby, City Attorney
City of Delray Beach
FROM:
Jim Linn and Glenn Thomas
DATE:
January 3, 2003
RE: Ordinances Amending the Police Officers' and Firefighters'
Retirement Plan
This responds to the comments made at the police/fire pension board meeting
of December 18, 2002 concerning proposed ordinances 58-02 and 59-02, as
summarized in Terrill Pybum's December 20 memo. Our response to each
comment follows:
1. Some board members apparently took issue with the applicability of the
prior service/military service purchase option contained in Section 1 of
Ordinance 58-02. The purchase option applies to members who are initially
employed by the City on or after the effective date of the ordinance, and not to
current employees. This reflects the City's intent that the buy-back provision
be used as a recruiting tool for attracting qualified police officers and
firefighters to the City. We recommend retaining this provision as it appears
in Section 1 of ordinance 58-02.
2. Board members apparently expressed some uncertainty over the refund
mechanism contained in the prior service/military service purchase option in
Section 1 of Ordinance 58-02. The ordinance provides for a refund of
payments made by members who terminate City employment prior to attaining
five years of service with the City. The point was made that eligibility for the
buy-back could simply be delayed until the member has reached the five-year
mark, thus eliminating the need for refunds. However, the rationale for
allowing members to pay for additional service prior to attaining five years of
continuous service is to permit a member to use contributions refunded from
another pension plan to purchase additional service under the City plan, without
incurring interest charges. We recommend retaining the refund provision as it
appears in Section 1 of Ordinance 58-02.
January 3, 2003
Page 2
3. Board members apparently expressed concern that passage of Ordinances 58-02 and 59-
02 would result in two different subsections numbered (4), under Section 33.60 (Definitions),
which could cancel each other out. We have revised the directory language of Ordinance 59-02
to ensure that this does not happen.
4. Board members questioned the provision in Section 2 of Ordinance 59-02, which
provides for additional payment fi.om the member, if necessary, to pay the full actuarial cost of
the benefit. However, the Division of Retirement has indicated that the benefit based on prior
service as a general employee contained in Section 2 of the ordinance does not comply with the
Division's interpretation of Chapters 175 and 185, Florida Statutes. Accordingly, we
recommend that the ordinance be revised to eliminate Sections 2 and 3, which will also eliminate
the basis for the board's concem. There are may be other ways to provide a benefit based on the
prior service of police officers and firefighters as general employees, which can be considered in
the future.
Please call us if you have any questions concerning these matters.
91/06/03 13:02 FAX ~009/011
GABRIEL. ROEDER, SMITH & COMPANY
Consultant~ & Actuaries
301 East Las O1~; Bird ,, Suite 200 · Ft Leuderdale, FL 33301-2?.54 · 954-.527-1616 ,. FAX 954
Januaw 6,2003
Mr Charles Slavin, Actuary
Bureau of Local Retirement Systems
Division of Retirement
Cedars Executive Center, Bldg C
2639 North Monroe Street
Tallahassee, Flodda 32399-1560
Ms. Patricia Shoemaker
Bureau of Municipal Police Officers'
and Firefighters' Pension Funds
Division of Retirement
Building B, Room 252
Post Office Box 3010
Tallahassee, Flodda 32315~3010
Re:
Actuarial Impact Statement for the Delray Beach Police and Firefighters
Retirement System
Dear Sir and Madam:
Please review the enclosed ordinance that allows a member of the Plan who was previously a
member of the City's general employee plan to be credited under this Plan with such general
employee plan service for purposes of vesting and determining normal rebrement eligibility. The
ordinance further provides for the coordination of pension benehts for members of this Plan who
also have prior service as a general employee of the C~ty Finally, the proposed ordinance
technically amends the Plan regarding rollovers and the purchase of service credit using transfers
and rollovers from other retirement plans.
In our opinion, th~s ordinance will have neghg~ble actuarial impact or] the Fund
Respectfully submitted,
By.
For the Board of Trustees
As Plan Administrator
Enrolled Actuary No. 02-1560
ORDINANCE NO. 59-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS",
REVISING THE DEFINITION OF "CONTINUOUS SERVICE"
FOR CERTAIN PURPOSES TO INLCUDE PREVIOUS
SERVICE AS A GENERAL EMPLOYEE; CREATING A NEW
SECTION 33.71, "COORDINATION OF RETIREMENT
BENEFITS", PROVIDING FOR COORDINATION OF
BENEFITS FOR MEMBERS WHO HAVE PREVIOUS
SERVICE AS A GENERAL EMPLOYEE; AMENDING
SECTION 33.70, "DIRECT TRANSFERS OF ELEIGIBLE
ROLLOVER CONTRIBUTIONS", TO PROVIDE FOR
ROLLOVERS OR TRANSFERS INTO THE FUND FOR THE
PURCHASE OF CONTINUOUS SERVICE; PROVIDING A
REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Depatunents", subheading, "Pensions", of the
Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.60,
"Definitions", to read as follows:
Section 33.60 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
"ACTUARIAL EOUWALENCE" or "ACTUARLAI J X EQUIVALENT".
This term shall mean that any benefit payable under the terms of the pension fund in
a form other than the normal retirement pension shall have the same actuarial
present value on the date payment commences as the normal retirement pension.
For purposes of establishing the actuarial present value of any form of payment, all
future payments shall be discounted for interest and mortality by using 7% interest
and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five
years in the case of disability retirees.
"AGREEMENT". The written instrument setting forth the provisions of
the retirement system.
"AVERAGE MONTHLY EARNINGS". One thirty-sixth of the
arithmetical average for the highest consecutive 36-month period preceding the
actual retirement or termination of a member; provided, however, the benefit
derived shall not be less than the benefit that would have been paid based on a
definition of average monthly earnings of one twenty-fourth of the arithmetical
average for the highest consecutive 24-month period, as calculated prior to the
effective date of this ordinance.
"BENEFICIARY." The person entitled to receive benefits hereunder at the
death of a member who has been designated in writing by the member and filed with
the Board of Trustees. If no designation is in effect at the time of death of the
member, or if no person so designated is living at that time, the beneficiary shall be
the estate of the member.
"BOARD." The Board of Trustees which shall administer and manage the
system herein provided and serve as Trustee of the Trust Fund.
"CONTINUOUS SERVICE."
(1) Uninterrupted service by a member (expressed as years and
completed months) from the date he last entered employment as an employee until
the date his employment is terminated by death, disability, retirement, resignation or
discharge.
(2) However, the continuous service of any member shall not be
deemed to be interrupted by:
(a) Any authorized leave of absence or vacation,
provided all members similarly situated in similar circumstances shall be treated alike
pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for
computation purposes under the system shall be allowed for any such period of leave
of absence.
(b) Any service, whether voluntary or involuntary, in the
armed forces of the United States, provided the member is legally entitled to
reemployment under the provisions of the Uniformed Services Employment and
2 ORD. NO. 59-02
Reemployment Rights Act of 1994 and any amendments thereto, or any law
applicable to such reemployment, and provided that a member shall apply for
reemployment within three months following termination of such service, or as
otherwise allowed by the Uniformed Services Employment and Reemployment
Rights Act of 1994, and any amendments thereto. Nothing aforementioned shall
serve to reduce the accrued accredited services of the members on the effective date
of the plan.
(3) Continuous service shall also include, for reemployed
members, those years and completed months for which the reemployed member had
withdrawn his contributions to the Trust Fund, where the reemployed member
repays into the Fund the contributions he had withdrawn, with interest based upon
the plan's annual total rate of return for the pension funds, as computed by the
actuaries or the City, for those years and completed months, within 90 days after his
reemployment date. A reemployed member may also repay only a portion of the
withdrawn funds with interest and receive a like credit for continuous service;
however, repayments, whether partial or total, shall only be permitted once within
the 90-day limit.
(4) Continuous service shall also indude, for purposes of vesting
and determining eligi~'bility for normal retirement only, the years and completed
months of a member's full-time employment with the City in a position not eli~ble
for membership in this plan, prior to the member's employment as a police officer or
firefighter. Such service shall not be considered in determining the amount of a
member's benefits under this plan.
"EARNINGS." Basic wages paid to a member, excluding overtime, bonuses
and any other non-regular payments.
"EFFECTIVE DATE." April 22, 1974.
"EMPLOYEE." All employees of the City classified as full-time sworn
police officers, as defined on the effective date in F.S. Sec. 185.02, or classified as
police officers in training, or classified as volunteer or regular full-time fire fighters, as
defined on the effective date in F.S. Sec. 175.032, but shall exclude all civilian
members of the Police and Fire Departments, and the Police Chief and Fire Chief
upon their written election not to participate in the system.
"FUND." The Trust Fund established herein as part of the system.
"MEMBER." An employee who fulfills the prescribed participation
requirements.
3 ORD. NO. 59-02
"SPOUSE." The lawful wife or husband of a member at time of retirement
and death.
"SYSTEM." The City Police and Firefighters Retirement System as
contained herein and all amendments thereto.
Section 2. That Chapter 33, "Police and Fire Depatuxxents", subheading, "Pensions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by creating a new Section
33.71, "Coordination of Benefits", to read as follows:
Section 33.71 COORDINATION OF RETIREMENT BENEFITS.
(A) In the event a member of this plan who was employed by the City in a position
covered by the City of Delray Beach General Employees' Retirement Plan prior to the member's
employment as a police officer or fire fighter, becomes eligible for normal retirement benefits under
this plan. the member's benefit shall consist of the sum of the following benefits:
(1) The member's benefit determined in accordance with Section 33.62 (A), but
based on the member's credited service under the City of Delray Beach General Employees'
Retirement Plan; provided the member has not and will not receive a benefit from the General
Employees' Retirement Fund; and further provided that the full actuarial cost of the such benefit is
paid by a transfer of an amount equal to the full actuarial value of such member's accrued benefit
under the General Employees' Reurement Fund, but without regard to the member's vested
percentage under sa~d Fund, from the General Employees' Retirement Fund to the City Police and
Fire fighters Retirement System Trust Fund, and if additional payment is necessary, by payment from
the member in accordance with subsection (B), below.
(2) The member's benefit determined in accordance with Section 33.62 (A).
based on the member's continuous service under this Plan.
~_~ A member may purchase continuous service under the plan, in years and tenths of a
year, for all or a portion of the period of their full-time employment by the City in a position
covered by the City of Delray Beach General Employees' Retirement Plan prior to the member's
employment as a police officer or firefighter, by paying into the plan the full actuarial cost of such
service, as determined by the plan actuary. Such payrnent must be made in full prior to entering the
DROP or separation from City employment, whichever occurs earlier, and in the event full payment is
not made prior to such date, the member shall receive only the amount of credited service, as
determined by the actuary, for which the payment made, excluding interest, is the full actuarial cost. A
member purchasing such additional service must pay the full cost of any actuarial calculations
required. Payment for the purchase of continuous service pursuant to th~s paragraph may be made
using any one or a combination of the following options:
4 ORD. NO. 594)2
Cash lump sum payment
Direct transfer or rollover of an eligible rollover distribution from a qualified plan, in
accordance with Sec. 33.70.
Time pa.vment plan. Under this option the member may elect to pay any remaining
balance due for the purchase of credited service through payroll deduction on a time
payment plan over a period of not more than five (5) years, as approved by the Retirement
Committee. Interest on such payments shall be paid based on the assumed rate of return
of the plan. Payments deducted from an employee's pay shall be designated as employer
contributions pursuant to Section 414(h) of the Internal Revenue Code.
Section 3. That Chapter 33, "Police and Fire Depatixuents", subheading, "Pensions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
33.70, "Direct Transfers of Eligible Rollover Contributions", to read as follows:
Section 33.70 DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS
(A) General. This section applies to distributions made on or after January 1, 1993.
Notwithstanding any provision of the system to the contrary that would otherwise limit a
distributee's elecuon under this secuon, a distributee may elect, at the time and in the manner
prescribed by the Board, to have any portion of an eligible rollover paid directly to an eligible
retirement plan specified by the distributee in a direct rollover.
03) Definitions.
(1) Eligible rollover distribution. An eligible rollover distribution is any
distribution of all or any portion of the balance to the credit of the distributee, except that an eligible
rollover distribution does not include: any distribution that is one of a series of substantially equal
periodic payments (not less frequently than annually) made for life (or life expectancy) of the
distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's
designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the
extent such distribution is required under section 401(a)(9) of the Internal Revenue Code; and the
portion of any distribution that is not includable in gross income.
(2) Eligible retirement plan. An eligible retirement plan is an individual
retirement account described in section 408(a) of the Internal Revenue Code, an individual
retirement annuity described in section 408(b) of the Internal Revenue Code, an annuity plan
described in section 403(a) of the Internal Revenue Code, or a qualified trust described in section
401(a) of the Internal Revenue Code, an eligible deferred compensation plan described in section
457Co) of the Internal Revenue Code which is maintained by an eligible employer described in
section 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in section
5 ORD. NO. 59-02
403(b) of the Internal Revenue Code, that accepts the distributee's eligible roliover distribution.
(3) Distributee. A distributee includes an employee or former employee. In
addition, the employee's or former employee's surviving spouse is a disttibutee with regard to the
interest of the spouse.
(4) Direct rollover. A direct rollover is a payment by the plan to the eligible
retirement plan specified by the distributee.
(C) Rollovers or Transfers into the Fund. On or after the effective date of this
ordinance, the fund will accept member rollover cash contributions and/or direct cash rollovers of
distributions for the purchase of continuous service as authorized under the plan, as follows: the
fund will accept either a direct rollover of an eligible rollover distribution or a member contribution
of an eli~mble rollover distribution from a qualified plan described in section 403(a) of the Internal
Revenue Code, from an annuity contract described in section 403(b) of the Internal Revenue Code,
or from an eli~ble plan under sechon 457Co) of the Internal Revenue Code, which is maintained by
a state, political subdivision of a state, or any agency or instrumentality of a state or political
subdivision of a state.
Section 4 That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5 That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not operate to invalidate the remainder hereof.
Section 6 That this ordinance shall become effective immediately upon its passage
on second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ,2002.
ATrEST: MAYOR
City Clerk
First Reading
Second Reading
6 ORD. NO. 59-02
;~1 ATTORNEYS AT LAW
RECEIVED
Helping Shape
Florida's Future®
.JAN 3- 2O03
Eric Ash
Kristin Bennett
W. O. Birchfield
Jody Lane Brooks
William G. Capko
Beth Ann Carlson
Michelle Diffenderfer
Robert P. Diffenderfer
Kenneth W. Dodge
Amy M. Dukes
Brenna Malouf Dnrden
Laura Jacobs Feagin
Roslynn M. Ferguson
Wayne E. Flowers
John W. Forehaod
Walter E. Foreband
Melissa Gross-Arnold
Kevin S. Hennessy
R. Stereo 1,ewes
Terry E. Lewis
James W. Linn
Anne Longman
G. Stephen Manning
David E. Ramba
Kenneth G. Spillias
Edwin A. Steinmeyer
Glenn E. Thomas
Stephen A. Walker
www.llw-law.com
REPLY TO: TALLAHASSEE
CiTY MANAGER
MEMORANDUM
TO:
Susan Ruby, City Attorney
City of Delray Beach
FROM:
Jim Linn and Glenn Thomas
DATE: January 3, 2003
Ordinances Amending the Police Officers' and Firefighters'
Retirement Plan
This responds to the comments made at the police/fire pension board meeting
of December 18, 2002 concerning proposed ordinances 58-02 and 59-02, as
summarized in Terrill Pybum's December 20 memo. Our response to each
comment follows:
1. Some board members apparently took issue with the applicability of the
prior service/military service purchase option contained in Section 1 of
Ordinance 58-02. The purchase option applies to members who are initially
employed by the City on or after the effective date of the ordinance, and not to
current employees. This reflects the City's intent that the buy-back provision
be used as a recruiting tool for attracting qualified police officers and
firefighters to the City. We recommend retaining this provision as it appears
in Section 1 of Ordinance 58-02.
Jac~onville Office
9428 Baymeadows Road
Suite 625
Jacksonville, Florida 32256
(904) 737-2020
Fax: (904) 737-3221
Tallahassee Office
Post Office Box 10788 (32302)
125 South Gadsden Street
Suite 300
Tallahassee, Florida 3230 !
(850) 222-5702
Fax: (850) 224-9242
West Palm Beach Office
1700 Palm Beach Lakes
Boulevard, Suite 1000
West Palm Beach, Florida
33401
(561) 640-0820
Fax: (561) 640-8202
2. Board members apparently expressed some uncertainty over the refund
mechanism contained in the prior service/military service purchase option in
Section 1 of Ordinance 58-02. The ordinance provides for a refund of
payments made by members who terminate City employment prior to attaining
five years of service with the City. The point was made that eligibility for the
buy-back could simply be delayed until the member has reached the five-year
mark, thus eliminating the need for refimds. However, the rationale for
allowing members to pay for additional service prior to attaining five years of
continuous service is to permit a member to use contributions refunded fi.om
another pension plan to purchase additional service under the City plan, without
incurring interest charges. We recommend retaining the refund provision as it
appears in Section 1 of Ordinance 58-02.
January 3, 2003
Page 2
3. Board members apparently expressed concern that passage of Ordinances 58-02 and 59-
02 would result in two different subsections numbered (4), under Section 33.60 (Definitions),
which could cancel each other out. We have revised the directory language of Ordinance 59-02
to ensure that this does not happen.
4. Board members questioned the provision in Section 2 of Ordinance 59-02, which
provides for additional payment from the member, if necessary, to pay the full actuarial cost of
the benefit. However, the Division of Retirement has indicated that the benefit based on prior
service as a general employee contained in Section 2 of the ordinance does not comply with the
Division's interpretation of Chapters 175 and 185, Florida Statutes. Accordingly, we
recommend that the ordinance be revised to eliminate Sections 2 and 3, which will also eliminate
the basis for the board's concern. There are may be other ways to provide a benefit based on the
prior service of police officers and firefighters as general employees, which can be considered in
the future.
Please call us if you have any questions concerning these matters.
01/06/03 13'03 FAX ~011/011
GABRIEL, RO£DER, SMITH & COMPANY
Consultants & Actuaries
.301 ~a.-~ I as Olas EIIv(:l · Su~ 200 ~ Ft LSudord~l~ FI 33~1-22~ · 9~527-1616 ' ~ 954
January6,2003
Mr. Charles Slavin, Actuary
Bureau of Local Retirement Systems
Division of Retirement
Cedars Executive Center, Bldg. C
2639 Nodh Monroe Street
Tallahassee, Flodda 323991560
Ms. Patdcia Shoemaker
Bureau of Municipal Police Officers'
and Firefighters' Pension Funds
Division of Retirement
Building B, Room 252
Post Office Box 3010
Tallahassee, Florida 32315-3010
Re'
Actuarial Impact Statement for the Delray Beach Police and Firefighters
Retirement System
Dear Sir and Madam'
Please review the enclosed ordinance that allows a member of the Plan who has at least five
years of continuous service to purchase up to three additional years of credited service for a hke
per, od of previous active military service or full-time employment as a police officer or hrefighter
with another employer. The proposed ordinance also technically amends the Plan regardm§
rolJovers and the purchase of service credit using transfers and rollovers from other retirement
plans. The ordinance provides that the member must pay the full actuarial cost of the additional
service.
In our opinion, this ordinance will have no actuarial impact on the Fund.
Respecffullysubmi~ed,
For the Board of Trustees
As Plan Administrator
~'J. Stephen Palmquist, ASA~g/IAAA, FCA
\OL
Harden, David
Page 1 of 1
From: Weaver, Jo
Sent: Friday, January 03, 2003 11:21 AM
To: Harden, David
Cc: Nubin, Chevelle
Subject: Police & Fire Pension Ord. No. 58-02
Attached is the ordinance revised by ,Iim Linn which now covers current and previous
employees os to their prior military service. It was accomplished by deleting the word
"initially" in front of the word "employed".
Please call me if you have any questions.
Susan I~uby x7091
1/3/2003
Rev. 1-3-03
ORDINANCE NO. 58-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELKAY BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 33.60,
"DEFINITIONS", REVISING THE DEFINITION OF
"CONTINUOUS SERVICE" TO PERMIT A FIREFIGHTER
WITH AT LEAST FIVE YEARS OF CONTINUOUS
SERVICE TO PURCHASE UP TO THREE ADDITIONAL
YEARS OF SERVICE FOR PRIOR EMPLOYMENT AS A
POLICE OFFICER OR FIREFIGHTER; AMENDING
SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE
ROIJ.OVER CONTRIBUTIONS", TO PROVIDE FOR
ROLLOVERS OR TRANSFERS INTO THE FUND FOR THE
PURCHASE OF CONTINUOUS SERVICE; PROVIDING A
REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
33.60, "Definitions", to read as follows:
Section 33.60 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
"ACTUARIAL EQUWALENCE" or "ACTUARIALLY EQUWALENT".
This term shall mean that any benefit payable under the terms of the pension fund in
a form other than the normal retirement pension shall have the same actuarial
present value on the date payment commences as the normal retirement pension.
For purposes of establishing the actuarial present value of any form of payment, all
future payments shall be discounted for interest and mortality by using 7% interest
and the 1983 Group Annuity Mortality Table for Males, with ages set ahead five
years in the case of disability retirees.
"AGREEMENT". The written instrument setting forth the provisions of
the retirement system.
"AVERAGE MONTHLY EARNINGS". One thirty-sixth of the
arithmetical average for the highest consecutive 36-month period preceding the
actual retirement or termination of a member; provided, however, the benefit
derived shall not be less than the benefit that would have been paid based on a
definition of average monthly earnings of one twenty-fourth of the arithmetical
average for the highest consecutive 24-month period, as calculated prior to the
effective date of this ordinance.
"BENEFICIARY." The person entitled to receive benefits hereunder at the
death of a member who has been designated in writing by the member and filed with
the Board of Trustees. If no designation is in effect at the time of death of the
member, or if no person so designated is living at that time, the beneficiary shall be
the estate of the member.
"BOARD." The Board of Trustees which shall admire'stet and manage the
system herein provided and serve as Trustee of the Trust Fund.
"CONTINUOUS SERVICE."
(1) Uninterrupted service by a member (expressed as years and
completed months) from the date he last entered employment as an employee until
the date his employment is term_mated by death, disability, retirement, resignation or
discharge.
(2) However, the continuous service of any member shall not be
deemed to be interrupted by:
(a) Any authorized leave of absence or vacation,
provided all members similarly situated in similar circumstances shall be treated alike
pursuant to uniform, nondiscriminatory rules. No credit for benefit eligibility for
computation purposes under the system shall be allowed for any such period of leave
of absence.
2 ORD. NO. 58-02
Any service, whether voluntary or involuntary, in the
armed forces of the United States, provided the member is legally entitled to
reemployment under the provisions of the Uniformed Services Employment and
Reemployment Rights Act of 1994 and any amendments thereto, or any law
applicable to such reemployment, and provided that a member shall apply for
reemployment within three months following termination of such service, or as
otherwise allowed by the Uniformed Services Employment and Reemployment
Rights Act of 1994, and any amendments thereto. Nothing aforementioned shall
serve to reduce the accrued accredited services of the members on the effective date
of the plan.
(3) Continuous service shall also include, for reemployed
members, those years and completed months for which the reemployed member had
withdrawn his contributions to the Trust Fund, where the reemployed member
repays into the Fund the contributions he had withdrawn, with interest based upon
the plan's annual total rate of return for the pension funds, as computed by the
actuaries or the City, for those years and completed months, within 90 days after his
reemployment date. A reemployed member may also repay only a portion of the
withdrawn funds with interest and receive a like credit for continuous service;
however, repayments, whether partml or total, shall only be permitted once within
the 90-day limit.
(4) For members who are employed by the City on or
after the effective date of this ordinance who have five (5) or more years of
continuous service based on City employment, continuous service shall also include
up to three (3) years of active service in the U.S. armed forces or full-time
employment as a police officer or firefighter with another governmental entity prior
to employment by the City, purchased by the member in accordance with this
para~aph; provided the member has not received and will not receive a benefit from
another retirement plan based on such prior employment. Such a member may
purchase continuous service under the phn, in years and tenths of a year, for all or a
portion of the period of their acrve service in the U.S. armed forces or full-time
employment as a police officer or fttefighter with another govemmenta! entity prior
to employment by the City, by paying into the plan the full actuarial cost of such
continuous service, as determined by the plan actuary. Such payment may be made at
any time after employment by the City, and must be made in full prior to entering the
DROP or separation from City employment, whichever occurs earlier. In the event
full payment is not made prior to such date, the member shall receive only the amount
of continuous service, as determined by the actuary., for which the payment made,
excluding tnterest, is the full actuarial cost, In the event a member makes payment for
additional continuous service in accordance with this para~aph prior to attaining five
years of continuous service based on City employment, and separates from City
3 ORD. NO. 58-02
emplo.vment before attaining five years of continuous service based on City
employment, such member shall receive a full refund of all payments made, plus
interest based on the assumed rate of return of the plan. A member purchasing such
additional continuous service must pay the full cost of any actuarial calculations
required. Payment for the purchase of continuous service pursuant to this paragraph
may be made using any one or a combination of the following options:
Cash lump sum payment.
Direct transfer or rollover of an eligible rollover distribution
from a qualified plan, in accordance with Sec. 33.70.
Time payment plan. Under this option the member may elect
to pay any remaining balance due for the purchase of
continuous service through payroll deduction on a time
payment plan over a period of not more than five (5) years, as
approved by the Retirement Committee. Interest on such
payments shall be paid based on the assumed rate of return of
the plan. Payments deducted from an employee's pay ~hall .be
designated as employer contributions pursuant to Section
414(h) of the !ntemal Revenue Code.
and
"EARNINGS." Basic wages paid to a member, excluding overtime, bonuses
any other non-regular payments.
"EFFECTIVE DATE." April 22, 1974.
"EMPLOYEE." Ail employees of the City classified as full-time sworn
police officers, as defined on the effective date in F.S. Sec. 185.02, or classified as
police officers in training, or classified as volunteer or regular full-time firefighters, as
defined on the effective date in F.S. Sec. 175.032, but shall exclude all civilian
members of the Police and Fire Departments, and the Police Chief and Fire Chief
upon their written election not to participate in the system.
"FUND." The Trust Fund established herein as part of the system.
"MEMBER." An employee who fulfills the prescribed participation
requirements.
"SPOU,,SE." The lawful wife or husband of a member at time of retirement
and death.
"SYSTEM." The City Police and Firefighters Retirement System as
contained herein and all amendments thereto.
4 ORD. NO. 58-02
Se.orion 2 That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
of the Code of Ordinances of the City of De[ray Beach is hereby amended by amending Section
33.70, "Direct Transfers of Eligible Rollover Contributions", to read as follows:
Section 33.70 DIRECT TRANSFERS OF ELIGIBLE ROIJ,OVER DISTRIBUTIONS
(A) General. This section applies to distributions made on or after January 1, 1993.
Notwithstanding any provision of the system to the contrary that would otherwise limit a
distributee's election under this section, a distributee may elect, at the time and in the manner
prescribed by the Board, to have any portion of an eligible rollover paid directly to an eligible
retirement plan specified by the distributee in a direct rollover.
(B) Definitions.
(1) Eli~ble rollover distribution. An eligible rollover distribution is any
distribution of all or any portion of the balance to the credit of the distfibutee, except that an eligible
rollover distribution does not include: any distribution that is one of a series of substantially equal
periodic payments (not less frequently than annually) made for life (or life expectancy) of the
distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's
designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the
extent such distribution is required under section 401(a)(9) of the Internal Revenue Code; and the
portion of any distribution that is not includable in gross income.
(2) Eligible retirement plan. An eligible retirement plan is an individual
retirement account described in section 408(a) of the Internal Revenue Code, an individual
retirement annuity described in section 408(b) of the Internal Revenue Code, an annuity plan
described in section 403(a) of the Internal Revenue Code, o~ a qualified trust described in section
401(a) of the Internal Revenue Code, an eligible deferred compensation plan described in section
457(b) of the Internal Revenue Code which is maintained by an eligible employer described in
section 457(e)(1)(A) of the Internal Revenue Code, or an annuity, contract described in section
403(b) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution.
(3) Distzibutee. A distributee includes an employee or former employee. In
addition, the employee's or former employee's surviving spouse is a distributee with regard to the
interest of the spouse.
5 ORD. NO. 58-02
(4) Direct rollover. A direct rollover is a payment by the plan to the eligible
retirement plan specified by the distributee.
(C) Roliovers or Transfers into the Fund. On or after the effective date of this
ordio..ance, the fund will accept member rollover cash contributions and/or direct cash roliovers of
distributions for the purchase of continuous service as authorized under the plan, as follows: the
fund will accept either a direct rollover of an eli~ble rollover distribution or a member contribution
of an eli~ble rollover distribution from a qualified plan described in section 403(a) of the Intemal
Revenue Code, from an annuity contract described in section 403Co) of the Internal Revenue Code,
or from an eligible plan under section 457Co) of the Internal Revenue Code, which is maintained by
a state, political subdivision of a state, or any agency or instrumentality of a state or political
subdivision of a state.
Section 3 That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4 That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not operate to invalidate the remainder hereof.
Sec.tion 5 That this ordinance shall become effective immediately upon its passage
on second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ,2002.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
6 ORD. NO. 58-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AI3ENDA ITEM # \ "-' ~
ORDINANCE NO, 56-02
POLICIES AND BENEFITS")
- REGULAR MEETING OF JANUARY 7, 2003
(AMENDING CHAPTER 35, "EMPLOYEE
JANUARY 3, 2003
This ordinance is before Commission for second reading and public heating amending Chapter 35,
"Employee Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances by
enacting a new Section 35.094 to allow participants in the General Employees Retirement Plan to
purchase prior government service provided they have not entered the City's Deferred Retirement
Option Plan.
At the first reading on December 10, 2002, the City Commission passed this ordinance. This
ordinance has been submitted to our actuaries for their review. We expect to receive their report on
Monday.
Recommend approval of Ordinance No. 56-02 on second and final reading; providing we have
received the actuarial report and it is satisfactory.
S:\Caty Clerk\chevelle folder\agenda memo Ord 56.0Z1 07.03.doc
01/06/03 13:02 FAX
GABRIEL, ROEDER. SMITH & COMPANY
Con~ultant~ & Actuarie~
301 East Las OLds Blvd. · Suite 200 · F! Lauderdale, FL 33301.2254 - 954-527-1616 · FAX
Janizary 6, 2003
Mr. Charles Slawn, Actuary
Bureau of Local Retirement Systems
Division of Retirement
Cedars Executive Center, Bldg. C
2639 North Monroe Street
Tallahassee, Florida 32399-1560
Actuarial Impact Statement for the Retirement Plan for Employees
of the City of Delray Beach
Dear Mr. Slavln.
Please review the enclosed ordinance that allows a member of the Plan who has at least five
years of continuous service 1o purchase up to three additional years of credited service, for a hke
period of previous full-time employment with another federal, state or local government agency
The ordinance provides that the member must pay the full actuarial cost of the additional service
In our opinion, this ordinance will have no actuarial impact on the Fund.
Respectfully submitted,
By_
For the 13oard of Trustees
As Plan Administrator
Enrolled Actuary No. 02-156~
[IT¥ DF OELRI:I¥ BEFIEH
CITY ATTORNEY'S OFFICE ~oo ~., ^v,~s~,,~. ~,~,~.^~ ,,,~^~,,, ~,~o.,,~^..~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
Writer's Direct Line: 561/243-7091
MEMORANDUM
December 4, 2002
City Commission
Susan A. Ruby, City Attorney
General Employees' Pension Plan Revisions
Attached are revisions to the General Employees' Pension Plan. Also attached is
a memorandum summarizing these changes.
By copy of this memorandum to David Harden, City Manager, we are requesting
that these ordinances be placed on the December 10, 2002 City Commission
agenda.
If you have any questions, please feel free to contact me.
SAR:j~
Attachments
CC:
David Harden, City Manager
Barbara Garito, City Clerk
LEWIS, LONGMAN WALKER,
ATTORNEYS AT LAW
Helping Shape
Florida's Future®
REPLY TO: TALLAHASSEE
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Robert P. Diffenderfer
Kenneth W. Dodge
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Brenna Malouf Dorden
I,aura Jacobs Feagin
Roslynn M. Ferguson
Wayne E. Flowers
,John W. Forehand
Walter E. Forehand
Melissa Gross-Arnold
Kevin S. He,messy
R. Steven Lewis
'l'err)' E. Lewis
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&nne Longman
G. Stephen Manning
David E. Ramba
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www.llw-law.com
Jacksonville Office
9428 Baymeadows Road
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Jacksonville, Florida 32256
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Fax: (904) 737-3221
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Post Office Box 10788 (32302)
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1700 Palm Beach Lakes
Boulevard, Suite 1000
West Pahn Beach, Florida
33401
(561) 640-0820
Faa: (561) 640-8202
MEMORANDUM
TO:
Susan Ruby, City Attorney
City of Delray Beach
FROM: James W. Linn
DATE:
November 21, 2002
Ordinances Amending the General Employees' Retirement Plan
This memo summarizes the attached draft ordinances amending the General
Employees' Retirement Plan.
1. Purchase of Prior Government Service Under the General Pension
Plan~This ordinance creates a new Section 35.094 which would allow a
participant in the General Employees' Retirement Plan who has at least five
years of credited service based on City employment and who has not entered
the DROP to purchase up to three additional years of credited service, in years
and tenths of a year, for a like period of previous full-time employment with a
federal, state or local government agency (other than the City of Delray
Beach). The participant would have to pay the full actuarial cost of such
credited service and the cost of any required actuarial calculations. No service
credit would be allowed if the participant will receive any other retirement
benefit based on the prior government service. Payment for the credited
service could be made in a lump sum, by a direct transfer or rollover from a
section 403(b) or 457 plan, or through installment payments deducted from the
employees' pay over a maximum period of five years.
2. Participation in General Pension Plan of Previously Excluded
Persons---Amends the General Employees' Retirement Plan to allow certain
employees who were previously excluded from the plan to participate in the
plan by making a written election to do so. The affected employees are the
city manager (and assistants), city attorney (and assistants), and department
heads who previously elected not to participate in the plan. An employee who
wants to participate in the plan would have to submit a written election within
90 days following adoption of the ordinance, or within 90 days following their
date of employment in one of these positions, whichever is later. The written
election to participate in the plan is irrevocable. Any employee who does not
November 21, 2002
Page 2
submit a timely written election to participate in the plan shall not participate in the plan for as
long as he or she is employed by the City in one of the identified positions.
The ordinance also allows previously excluded employees who join the plan to buy credited
service under the plan, in years and tenths of a year, for some or all of their previous City
employment. Employees choosing this option will be required to pay the full actuarial cost of
the credited service and the cost of any required actuarial calculations. Payment could be made
in a lump sum, by a direct transfer or rollover from a section 403(b) or 457 plan, or through
installment payments deducted from the employees' pay over a maximum period of five years.
Please call me if you have any questions concerning the attached ordinances.
JWL/es
Attachments
ORDINANCE NO. 56-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS",
SUBHEADING "RETIREMENT PLAN", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SUBSECTION C, "CREDITED
SERVICE", OF SECTION 35.089, "DEFINITIONS", AND
CREATING A NEW SECTION 35.0934 TO ALLOW
PARTICIPANTS WITH AT LEAST FIVE YEARS OF
CREDITED SERVICE TO PURCHASE UP TO THREE
YEARS OF CREDITED SERVICE BASED ON PRIOR
GOVERNMENTAL SERVICE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending
subsection (C), "Credited Service", of Section 35.089, "Definitions", to read as follows:
Section 35.089 DEFINITIONS.
(C) "Credited service" means the period of continuous City
employment from the employee's most recent date of hire to the date of
termination of City employment up to a maximum of thirty (30) years, except as
otherwise provided in Sec. 35.093 or Sec. 35.094 of this subchapter, and the
Uniformed Services Employment and Reemployment Rights Act of 1994, as
amended from time to time. Credited service shall include all periods of paid
leave, and unpaid leave up to and including thirty (30) days in any calendar year.
Unpaid leave in excess of thirty (30) days in any calendar year shall be excluded
fi.om credited service, except as otherwise required by the Uniformed Services
Employment and Reemployment Rights Act of 1994, as amended from time to
time.
Section 2. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by creating a
new Section 35.094, "Purchase of Additional Credited Service", to read as follows:
Section 35.094 PURCHASE OF ADDITIONOAL CREDITED SERVICE FOR PRIOR
MILITARY OR GOVERNMENT EMPLOYMENT.
A participant with at least five (5) years of credited service based on City employrnent
who has not entered the DROP may purchase up to three (3) additional years of credited service,
in full years and tenths of a year, at any time before retirement for a like period of previous full-
time employment with the federal government, including military_ service, or any state, county, or
city govemment other than the City of Delray Beach; provided the participant has paid into the
plan the full actuarial cost of such credited service as determined by the plan actuary_. A
participant purchasing such additional credited service must pay the full cost of any actuarial
calculations required, and must provide proof of the prior government employment to the City.
No additional service credit will be allowed if the participant is receiving or will receive any
other retirement benefit based on the prior government service. Payment for the purchase of
credited service for prior government employment pursuant to this section must be made in full
prior to entering the DROP or separation from City employment, whichever occurs earlier. In the
event full payment is not made prior to such date, the member shall receive only the mount of
credited service, as determined by the actuary, for which the payment made, excluding interest, is
the full actuarial cost. Payment for the purchase of credited service pursuant to this subsection may
be made using any one or a combination of the following options:
Cash lump sum payment.
Direct transfer or rollover of an eligible rollover distribution from a qualified plan,
in accordance with Sec. 35.097(L).
Time payment plan. Under this option the member may elect to pay any remaining
balance due for the purchase of credited service through payroll deduction on a time
payment plan over a period of not more than five (5) years, as approved by the
Retirement Committee. Interest on such payments shall be paid based on the
assumed rate of return of the plan, and the credited service purchased shall not be
credited until all installments are paid. Payments deducted from an employee's pay
shall be designated as employer contributions pursuant to Section 414(h) of the
Internal Revenue Code.
Section 3. That all ordinances or parts of ordihances in conflict herewith be, and
the same are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof.
Section 5. That this ordinance shall become effective immediately upon its
passage on second and final reading, except as to employees who are covered by a collective
bargaining agreement. This ordinance shall become effective as to the excluded employees
2 ORD. NO. 56-02
immediately upon the date of ratification and execution of a collective bargaining agreement or
memorandum of understanding that includes the provisions of this ordinance.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ., 2002.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
3 ORD. NO. 56-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM $$ ~ '°~
ORDINANCE NO. 57-02
POLICIES AND BENEFITS")
- REGULAR MEETING OF JANUARY 7, 2003
(AMENDING CHAPTER 35, "EMPLOYEE
JANUARY 3, 2003
This ordinance is before Commission for second reading and public hearing amending Chapter 35,
"Employee Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to
allow previously excluded employees to participate in the City's General Employees Retirement Plan
via a written election to do so.
At the first reading on December 10, 2002, the City Commission passed this ordinance. This
ordinance has been submitted to our actuaries for their review. We expect to receive their report on
Monday.
Recommend approval of Ordinance No. 57-02 on second and final reading; providing we have
received the actuarial report and it is satisfactory.
S:\C:ty Clerk\chevelle folder\agenda memo. Oral 57 0Z 1 07.03.doc
01/06/03 12:59 FAX
GABRIEL. ROEDER. SMITH 8. COMPANY
Con~ultant~ & Actuaries
January 6, 2003
Mr. Joseph M. Safford
Director of Finance
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Re' Retirement Plan for General Employees
Dear Joe:
Pursuant to your request, we have prepared the enclosed Actuarial Impact Statement pertaining
to .the proposed ordinance allowing previously excluded employees to participate in the Plan. The
Statement must be filed with the Bureau of Local Retirement Systems within the Division of
Retirement before the final public hearing on the ordinance
We welcome your questions and comments.
Sincerely yours,
J. Stephen Palmquist
JSP/or
Enclosures
01/06/05 12:5~ FAX
~d]O03/Oll
RETIREMENT PLAN FOR EMPLOYEES OF THE
CITY OF DELI:CAY BEACH
Impact Statement - January 6, Z003
Description of Amendment
An amendment is being proposed that would allow previously excluded employees to
participate in the Retirement Plan if they made written election to do so. The affected
employees are the city manager and altorney (and their assistants) and department heads who
previously elected not to participate in the plan. They will receive credit for future service only.
However, credit for past service may be obtained by paying the full actuarial cost of such
service
Funding Implications of Amendment
An actuarial cost estimate is attached. If all nine eligible employees participate, the
annual required contribution to the Plan will increase by $192,181, from $370,449 to $562,630.
]-his analysis does not include credit for any past service
Certification of Administrator
I believe the amendment to be in compliance with Pad VII, Chapter 112, Florida Statutes
and Section 14, Article X of the Constitution of the State of Florida.
For the Board of Trustees
as Plan Administrator
01/06/03 13:00 FAX [~]00,1/011
SUPPLEMENTAL ACTUARIAL VALUATION REPORT
Plan
Retirement Plan for Employees of the Ctty of Delray Beach.
Valuation Date
October 1, 2001
Date of Report
January 6, 2003
Report Requested by
Director of Finance
Prepared by
J.Stephen Palmquist
Group Valued
All Plan participants.
Plan Provisions Being Considered for Change
Present Provision Before Chanq_e_
City manager and attorney (and their assistants) and department heads are excluded
from Plan parbcipahon.
Proposed Chanqe
Allow city manager and attorney (and their assistants) and department heads to
participate in the Plan if they so choose. They will receive credit for future service only_
Partmipants Affected
Those City employees previously excluded (nine employees)_
Actuarial Assumptions and Methods
Same as October 1, 2001 Actuarial Valuation Report with no exceptions.
Some of the key assumpbons/methods are:
Investment return - 7.75% per year
Salary increase - 5 0% per year
Cost Method - Aggregate
01/06/03 13:00 FAX ~ 005/[}11
Amortization Period for Any Increase in Actuarial Accrued Liability
N/A
Summary of Data Used in Report
See attached page.
Actuarial Impact of Proposal(s)
See attached page(s)- The proposed ordinance allows the previously excluded
employees to purchase their prior employment serwce (service pnor to their date of
etection to padicipate in this plan). If they opt to purchase this prior service, the cost of
such service shall be borne by each respective employee so there is no actuarial impact
on the Plan for the previous servme_
Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to
Previously
None.
Other Cost Considerations
As a result of negative stock market returns since September 30, 2001, there will be a
loss from investments for the year ended September 30, 2002. Unless there are
offsetting gains from other sources, the October 1, 2002 actuarial valuation report will
show a cost increase. Users of this Supplemental Report should be aware of likely
future cost ~ncreases over and above those shown in this Report.
Possible Conflicts With IRS Qualification Rules
None.
-.J _~_tephei~' Palmquist, ASA, M,~u~,, FCA
Enrolled Actuary No. 02-150~
_ _ 6~06/03 13:60 FAX ~006/011
Number Included in the Valuation
1. Active Members
2. Inactive Members
B. Covered Annual Payroll
353
177
$11,995,941
362
177
$12,814,210
C
D.
E.
Actuarial Present Value of Projected Benefits
Actuarial Value of Assets
Actuarial Present Value of Future Contributions
1. Total: C-D
2 Portion Assigned to Unfunded Actuarial
Accrued Liability (UAAL)
3. Portion Assigned to Future Normal Costs
57,840,618
55,160,299
2,680,319
0
2.680,319
59,374,035
55,160,299
4,213,736
0
4,213.736
,.., ,, ,,,, .. ,
,,, :;f?¢;?,:'~'' .... , .... ,7 :: ,,,~,,,,
F. Annual Payment Needed to Amortize UAAL
As % of B
G. Annual Employer Normal Cost
As% orB
Interest on F and G from Valuation Date to
Contribution Date(s)
As % of B
I. Required Employer Centribution: F + G + H
As % of B
J. Year to Which Contributions Apply
1. Plan Year Ending
2. Employer Fiscal Year Ending
3. Assumed Date{s) of Employer Contdb.
337,576
2.82%
32,873
0 27%
370,4.49
3.09%
9130102
9/30/03
12/31/02
0
512,703
4.00%
49,927
0 39%
562,630
4.39%
9/30t02
9/30/03
12/31/02
* After adoption el Early Retirement Incentive Program
01/06/03 13:01 FAX ~007,'011
A. Actuarial Present Value of Projected Benefits for
Active Members
a. Service Retirement Benefits
b Vesting Benefits
c Disability Benefits
d Preretirement Death Benefits
e. Return of Member Contributions
f. Other
g. Total
Inactive Members
a. Service Retirees and Beneficiaries
b. Disability Retirees
c. Terminated Vested Members
d. Total
3. Total for All Members
Actuarial Value of Assets
Unfunded Actuarial Accrued Liability
Actuarial Present Value of Projected Member
Contributions
Actuarial Present Value of Projected
Employer Normal Costs: A3 - B ~ C - D
Actuarial Present Value of Projected
Covered Payroll
G. Employer Normal Cost Rate: 100 x F_JF
Annual Payroll of Active Members
I Employer Normal Cos/: G x H
Assumed Amount of Administrative Expenses
Total Employer Normal Cost' I + J
35,788,951
1,492,694
1,424.345
1,821,001
4,648
0
40,531,639
13,978,653
188,107
3~_142~2!~
17,3o8,979
57,84o.618
55,16o.299
0
0
2,68o,319
102,570,45o
2.61%
11,995,941
313,094
24,482
337,576
$ 37,069,673
1,503,954
1,492,519
1,994,262
4,648
0
42,065,056
13,978,653
188,1o7
3,142j21~
17,308,979
59,374,035
55,160,299
0
4,213,736
11o,587,33o
3.81%
12.814,21o
488,221
24,482
512,7o3
After adoption of Eady Retirement Incentive Program.
01/06/03 13:01 FAX ~008/011
'.,i'~F ~'t~ ~' ' '" ' ....... ' ...... ' : ..... "' ' ' ......... : ' """ '" '~ "' ;"
'"';q '" ..... "'' '" ' '" ~'- ..... ,'. .... ' , ~.': ;~ ,','L"I, .:;~,,,,,, 'It,,', ,, ,,~,'~.., '~,,,:~"" ~ ",',"
,, ',, ,, ,_, ,~ ?.'.', ,, ...... , .......
--' [ -' '-~"~"~0--~ ] Aft. r
( Chan~eI . Chan~e
Number 353 362
Total Annual Payroll $ ~,995,94q $ ~2,8~4,2q0
Average Annual Sala~ 33,983 35,398
Other Averages
~rrent Age 44.4 44.5
~e at Emplo~ent ~.8 35.1
Past Se~ice 9.6 9.4
,, Semite Hetl~.~',"uenet]c~~ ~n~, ~KU~.F~EIGIpD~ ',;,:; ? ',' ~: .... ;' ': ........ '" '"' ' ~ :"
Numar 1~
TotalAnnual Benefit $ 1,~91,501 $ 1,791,501
Average Monthly Benefit 969 969
Number 1 ~ 1
Total Annual Benefit $ ~9,842 ~ $ 19,842
Average Monthly Benefit 1,6~ ~ 1,654
I
I
Number ~ 22
Total ~nual Benefit $ 166,875 ~ $ 166,875
Average Monthly Benefit 632 632
£1T¥ OF DELRI:I¥ BER£H
CiTY ATTORNEY'S OFFICE
DATE:
TO:
FROM:
SUBJECT:
December 4, 2002
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wdter's Direct Line: 561/243-7091
MEMORANDUM
City Commission
Susan A. Ruby, City Attorney
General Employees' Pension Plan Revisions
Attached are revisions to the General Employees' Pension Plan. Also attached is
a memorandum summarizing these changes.
By copy of this memorandum to David Harden, City Manager, we are requesting
that these ordinances be placed on the December 10, 2002 City Commission
agenda.
If you have any questions, please feel free to contact me.
SAR:j~
Attachments
CC:
David Harden, City Manager
Barbara Gadto, City Clerk
LEw $, LONGMAN WALKER, pA.
ATTORNEYS AT LAW
Helping Shape
Florida's Future*
REPLY To: T^LLAHASSEE
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Robert P. Diffenderfer
Kenneth W. Dodge
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Brenna lVlalouf Durdcn
Laura Jacobs Feagin
Roslynn M. Ferguson
Wayne E. Flowers
John W. Forehand
Walter E. Forehand
Meli~a G ro~s-Arnold
Kevln S. Hennessy
R. Steven Lewis
Terry E. Lewis
James 'v',. Llnn
Anne Longman
G. Stephen Manning
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www.llw-law.com
Jacksonville Office
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MEMORANDUM
TO:
Susan Ruby, City Attorney
City of Dclray Beach
FROM: James W. Linn
DATE:
November 21, 2002
Ordinances Amending the General Employees' Retirement Plan
This memo summarizes the attached draft ordinances amending the General
Employees' Retirement Plan.
1. Purchase of Prior Government Service Under the General Pension
Plan--This ordinance creates a new Section 35.094 which would allow a
participant in the General Employees' Retirement Plan who has at least five
years of credited service based on City employment and who has not entered
the DROP to purchase up to three additional years of credited service, in years
and tenths of a year, for a like period of previous full-time employment with a
federal, state or local government agency (other than the City of Deb'ay
Beach). The participant would have to pay the full actuarial cost of such
credited service and the cost of any required actuarial calculations. No service
credit would be allowed if the participant will receive any other retirement
benefit based on the prior government service. Payment for the credited
service could be made in a lump sum, by a direct transfer or rollover from a
section 403(b) or 457 plan, or through installment payments deducted from the
employees' pay over a maximum period of five years.
2. Participation in General Pension Plan of Previously Excluded
Persons . Amends the General Employees' Retirement Plan to allow certain
employees who were previously excluded from the plan to participate in the
plan by making a written election to do so. The affected employees are the
city manager (and assistants), city attorney (and assistants), and department
heads who previously elected not to participate in the plan. An employee who
wants to participate in the plan would have to submit a written election within
90 days following adoption of the ordinance, or within 90 days following their
date of employment in one of these positions, whichever is later. The written
election to participate in the plan is irrevocable. Any employee who does not
November 21, 2002
Page 2
submit a timely written election to participate in the plan shall not participate in the plan for as
long as he or she is employed by the City in one of the identified positions.
The ordinance also allows previously excluded employees who join the plan to buy credited
service under the plan, in years and tenths of a year, for some or all of their previous City
employment. Employees choosing this option will be required to pay the full actuarial cost of
the credited service and the cost of any required actuarial calculations. Payment could be made
in a lump sum, by a direct transfer or rollover fi.om a section 403(b) or 457 plan, or through
installment payments deducted fi.om the employees' pay over a maximum period of five years.
Please call me if you have any questions concerning the attached ordinances.
JWL/es
Attachments
ORDINANCE NO. 57-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEES POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 35.089, "DEFINITIONS", REVISING THE
DEFINITION OF "EMPLOYEE" TO INCLUDE CERTAIN
PREVIOUSLY EXCLUDED POSITIONS; AMENDING
SECTION 35.093, "CREDITED SERVICE FOR FORMER
EMPLOYEES AND EMPLOYEES WHO WERE EXCLUDED
FROM PARTICIPATION IN THE PLAN", TO PROVIDE FOR
CERTAIN PREVIOUSLY EXCLUDED EMPLOYEES TO
PURCHASE CREDITED SERVICE UNDER THE PLAN;
AMENDING SECTION 35.097, "RETIREMENT INCOME;
BASIS, AMOUNT, AND PAYMENT", SUBSECTION (L),
"DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS", TO ALLOW PARTICIPANTS WHO WERE
PREVIOUSLY EXCLUDED FROM PARTICIPATION IN THE
PLAN TO MAKE A DIRECT TRANSFER OF ELIGIBLE
ROLLOVER DISTRIBUTIONS TO PURCHASE CREDITED
SERVICE UNDER THE PLAN; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to amend the
General Employees' Retirement Plan to allow certain employees who were previously excluded
from the Plan to participate in the Plan and purchase credited service under the plan for the
period of their employment with the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading,
"Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 35.089, "DEFINITIONS", to read as follows:
Section 35.089 DEFINITIONS.
(A) "Actuarial (actuariall¥) equivalence (equivalent)" means equality in value of the
aggregate amounts expected to be received under different forms of payment. Actuarial
equivalent mounts under the plan will be determined utilizing the 1983 Group Annuity
Mortality Table, blended for males and females, with interest at seven percent (7%), where the
participant's age shall be set back one year and the beneficiary's age shall be set back four years
regardless of gender. However, in the event of plan termination, actuarial equivalence will be
based upon the interest and mortality assumptions prescribed by the Pension Benefit Guaranty
Corporation for plan terminations in effect on the actual date of plan termination.
(B) "Basic compensation" means the compensation actually paid to a participant by
the City, including participant contributions picked up by the City in accordance with Sec.
35.095(A)(1) of this subchapter, and exclusive of overtime pay, commissions, bonuses, expense
allowances, and all other extraordinary compensation.
(C) "Credited service" means the period of continuous City employment from the
employee's most recent date of hire to the date of termination of City employment up to a
maximum of thirty (30) years, except as otherwise provided in Sec. 35.093 of this subchapter,
and the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended
from time to time. Credited service shall include all periods of paid leave, and unpaid leave up to
and including thirty (30) days in any calendar year. Unpaid leave in excess of thirty (30) days in
any calendar year shall be excluded from credited service, except as otherwise required by the
Uniformed Services Employment and Reemployment Rights Act of 1994, as amended from time
to time.
(D) "Employee" means any regular full-time employee of the City, except as
otherwise provided herein.
(1_.) The term "employee" shall not include: City Commissioners; the City
Manager (and assistants); the City Attorney (and assistants); department heads upon their written
election not to participate in the plan; former department heads who have elected not to
participate in the plan; any person not classified by the City as a regular, full-time employee; any
participant who retires and receives early or normal retirement benefits under the plan, is
subsequently re-employed by the City, and elects to continue receiving retirement income during
the period of employment pursuant to Sec. 35.090(E) of this subchapter; and firefighters and
police officers employed by the City who participate in another retirement plan.
(2) Effective upon the adoption of this ordinance, the term "employee" shall
include the City Manager {and assistants) upon their written election to participate in the plan;
the City Attorney (and assistants) upon their written election to participate in the plan; and
department heads who previously elected not to participate in the plan, upon their written
election to participate in the plan. An employee's written election to participate in the plan
pursuant to this paragraph must be submitted to the Retirement Committee within nine _ty days
following adoption of this ordinance or date of employment in a position identified in this
paragraph, whichever is later. Such written election shall be irrevocable. Any such employee
2 ORD. NO. 57-02
who does not submit a timely written election to participate in the plan pursuant to this paragraph
shall not participate in the plan for as long as he or she is employed, by the City in a position
identified in this paragraph.
(E) "Employrnent" means regular, full-time employment as a City employee.
(F) "Final monthly compensation" means the total basic compensation received by a
participant during the highest paid twenty-four (24) consecutive months of the one hundred
twenty (120) months immediately preceding the termination of employment, divided by twenty-
four (24). In computing final monthly compensation for a participant who has returned to active
city employment following an approved leave of absence, disability retirement or termination of
employment with a vested benefit, the period of leave of absence, disability retirement, or
following termination of employment shall be ignored in determining the highest paid 24
consecutive months of the 120 months immediately preceding the subsequent termination of
employment.
(G) "Normal retirement date" is the first day of the month coincident with or next
following the date a participant attains the age of 60 and completes ten years of credited service,
or the date on which a participant attains thirty (30) years of credited service, regardless of age,
whichever occurs first. A participant may continue in the employ of the city and continue to
participate in the plan beyond the normal retirement date.
(H) "Participant" means an employee who is eligible to participate and who actually
participates in the plan.
(I) "Retirement" means either termination of City employment with immediate
entitlement to receive normal, early or disability retirement income under the plan, or entry into
the Deferred Retirement Option Plan ("DROP") with immediate entitlement to receive normal
retirement income from the General Employees Retirement Plan to the DROP.
(J) "Spouse" means the lawful husband or wife of an employee at the time of the
employee's retirement or death, whichever is applicable.
(K) "Terminated Participant" means a plan participant with at least five (5) years of
credited service whose City employment is terminated for any reason other than death, early
retirement or disability retirement prior to the normal retirement date.
Section 2. That Chapter 35, "Employee Policies and Benefits", subheading,
"Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 35.093, "CREDITED SERVICE FOR FORMER EMPLOYEES AND
EMPLOYEES WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN", to read
as follows:
3 ORD. NO. 57-02
Section 35.093 CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES
WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN.
(A) Former plan participants who have not begun to receive benefits under the plan
and who are re-employed by the city as eligible employees will be considered new employees
with credited service for all purposes calculated as such unless the former participants elect to
pay back to the plan the mount of any previous distribution received from the plan plus interest.
The amount of interest required will be calculated based upon a seven percent (7%) per annum
rate for the period from date of original distribution to the date of repayment. Former plan
participants who elect to repay this amount will be granted the credited service awarded prior to
their previous termination of service.
(B) Current employees, or employees who left the employ of the city on or after
January 1, 1984, who participated in the plan and who were excluded from further participation
in the plan during employment due to being over the then-existing maximum age provisions, but
who never received retirement income or withdrawal of participant contributions from the plan,
shall have credited service for purposes of benefit calculation equal to the period of participation
before exclusion plus one year, plus whatever time they elect to buy back under divisions (C) and
(D) of this section, plus the time after September 25, 1984, during which they contributed to, and
participated in the plan. If an employee who was excluded from further participation in the plan
received retirement income or a withdrawal of participant contributions, then credited service for
purposes of benefit calculation shall be equal to the number of years the employee elects to buy
back under divisions (C) and (D) of this section, plus one year, plus the time after September 25,
1984, during which the employee contributed to and participated in the plan. Employees in this
category may buy back both those years for which they have received a withdrawal of participant
contributions and the years during which they were excluded from the plan. In no event shall this
credited service calculation exceed the total number of years of full-time employment with the
city.
(C) (1) Eligible employees who had previously been excluded from plan
participation due to being over the then-existing maximum allowable age for participation at hire,
or were excluded from the plan due to being over the then-existing maximum age at any time
during their employment with the city, will have their credited service calculated in accordance
with division (B) of this section. Eligible employees who wish to buy back any time they were
excluded from the plan shall be required to make payment in accordance with division (D),
which payment shall be equal to an amount which represents the employee contributions they
would have made to the plan had they always participated, plus interest. The amount of interest
required will be calculated based upon a seven percent (7%) per annum rate for the period from
which the money would otherwise have been paid into the plan to the date of repayment. Those
employees who elect to make this payment will be granted credited service for purposes of
benefit calculation in accordance with division (B). Employees will be required to buy back the
most recent years first. All new participants will receive credited service for the purpose of
determining their normal retirement date whether or not the optional payment is made.
4 ORD. NO. 57-02
(2) The repayment provisions of division (C)(1) shall also be available to
former employees who retired from the city on or after January 1, 1984, and who were excluded
from the plan due to being over the then-existing maximum age, thereby being prevented from
accruing ten years of credited service.
(D) The repayment of a previous distribution plus interest under division (A) of this
section or the payment of employee contributions plus interest under division (C) of this section
will be payable in a lump sum within ninety (90) days after reemployment or on or before July 1,
1985, whichever is later. However, persons who are employees of the city as of January 16,
1985, at 5:01 p.m. may elect to pay the amount required in installments. If this option is used,
$1,000 will be due on or before April 15, 1985, with subsequent payments of the lesser of $1,000
or the balance due payable every three months after the initial payment. If any type of benefit
payment under the plan begins prior to the full payment of employee contributions or a previous
distribution plus interest, the outstanding balance will be deducted from the benefit payments as
they become due. The Retirement Committee shall have the authority to waive the repayment
deadlines set forth herein, upon a finding by the Retirement Committee of extenuating
circumstances upon individual request which shall be submitted not later than nine (9) months
following the expiration of the applicable deadline.
(E) Employees who were previously excluded from the plan who elect to participate
in the plan pursuant to Sec. 35.089(D)(2) shall earn credited service from the date of their
election to participate in the plan. Such employees may also purchase credited service under the
plan, in years and tenths of a year, for. al! or a portion of the period of their prior employment
with the City, by paying into the plan the full actuarial cost of such credited service, as
determined by the plan actuary. Such payment must be made in full prior to entering the DROP or
separation fi.om City employment, whichever occurs earlier, and in the event full payment is not
made prior to such date, the member shall receive only the amount of credited service, as
determined by the actuary, for which the payment made, excluding interest, is the full actuarial cost.
A participant purchasing such additional credited service must pay the full cost of any actuarial
calculations required. Payment for the purchase of credited service pursuant to this subsection may
be made using any one or a combination of the following options:
Cash lump sum payment.
Direct transfer or rollover of an eligible rollover distribution from a qualified plan,
in accordance with Sec. 35.097(L).
Time payment plan. Under this option the member may elect to pay any remaining
balance due for the purchase of credited service through payroll deduction on a time
payment plan over a period of not more than five (5) years, as approved by the
Retirement Committee. Interest on such payments shall be paid based on the
assumed rate of return of the plan. Payments deducted from an employee's pay
shall be designated as employer contributions pursuant to Section 414(h) of the
Internal Revenue Code.
5 ORD. NO. 57-02
Section 3. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending
Section 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", subsection
(L), "Direct Transfers of Eligible Rollover Contributions", to read as follows:
Section 35.097 RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT.
(L) Direct Transfers of Eligible Rollover Contributions.
(1) General. This section applies to distributions made on or after January 1,
1993. Notwithstanding any provision of the system to the contrary that would otherwise limit a
distributee's election under this section, a distributee may elect, at the time and in the manner
prescribed by the Board, to have any portion of an eligible rollover paid directly to an ehgible
retirement plan specified by the distributee in a direct rollover.
(2) Definitions.
(a) Eligible rollover distribution. An eligible rollover distribution is
any distribution of all or any portion of the balance to the credit of the distributee, except that an
eligible rollover distribution does not include: any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually) made for life (or life
expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and
the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any
distribution to the extent such distribution is required under section 401(a)(9) of the Internal
Revenue Code; and the portion of any distribution that is not includable in gross income.
(b) Eligible retirement plan. An eligible retirement plan is an individual
retirement account described in section 408(a) of the Internal Revenue Code, an individual
retirement annuity described in section 408(b) of the Intemal Revenue Code (other than an
endowment contract), and annuity plan described in section 403(a) of the Intemal Revenue Code,
a qualified trust described in section 401(a) of the Internal Revenue Code, an eligible deferred
compensation plan described in section 457(b) of the Internal Revenue Code which is maintained
by an eligible employer described in section 457(e)(1)(A) of the Intemal Revenue Code, or an
annuity contract described in section 403(b) of the Internal Revenue Code, that accepts the
distributee's eligible rollover distribution.
(c) Distributee. A distributee includes an employee or former
employee. In addition, the employee's or former employee's surviving spouse is a distributee
with regard to the interest of the spouse.
6 ORD. NO. 57-02
(d) Direct rollover. A direct rollover is a payment by the plan to the
eligible retirement plan specified by the distributee.
(3) Rollovers or Transfers into the Fund. On or after the effective date of this
ordinance, the fund will accept member rollover cash contributions and/or direct cash rollovers
of distributions for the purchase of credited service pursuant to Sec. 35.093(E), as follows: the
plan will accept either a direct rollover of an eligible rollover distribution or a member
contribution of an eligible rollover distribution from a qualified plan described in section 403(a)
of the Internal Revenue Code, from an annuity contract described in section 403(b) of the
Internal Revenue Code, or from an eligible plan under section 457(b) of the Intemal Revenue
Code, which is maintained by a state, political subdivision of a state, or any agency or
instrumentality of a state or political subdivision of a state.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not operate to invalidate the remainder hereof.
Section 6. That this ordinance shall become effective immediately upon its
passage on second and final reading, except as to plan participants who are covered under a
collective bargaining agreement. This ordinance shall become effective as to the excluded
employees immediately upon the date of ratification and execution of a collective bargaining
agreement or memorandum of understanding that includes the provisions of this ordinance.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ., 2002.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
7 ORD. NO. 57-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~L . REGULAR MEETING OF JANUARY 7, 2003
ORDINANCE NO. 60-02 (EMERGENCY MEDICAL TRANSPORTATION
VEES)
JANUARY 3, 2002
This ordinance is before Commission for second reading and public hearing to amend Chapter 96,
"Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of
the City Code to adjust the fee schedule for emergency medical transportation in accordance with the
National American Fee Schedule.
The following service changes or fees are levied for the provision of emergency transportation:
(1)
Advanced Life Support (ALS-l)
Transport fee
(2) Advanced Life Support (ALS-2) .,a.,,,,.,,,,:~ an $47~.00
Transport fee
(3) Skilled Care Transport fee
$520.00
(4)
Basic Life Support (BLS)
Transportation fee
(5) Mileage fee
$7.-O0?tmite $7.$O/mj!e
All of the city emergency transport vehicles are Advanced Life Support units; therefore the Basic Life
Support Transportation fee was never used. This ordinance shall become effective as of January 1,
2OO3.
At the first reading on December 10, 2002, the Commission passed the Ordinance No. 60-02
unanimously.
Recommend approval of Ordinance No. 60-02 on second and final reading.
S:\Ctty Clerk\chevclle folder\agenda memos\Ord 6002.1-07-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~7~1
AGENDA ITEM # ! ~-q ~ - REGULAR MEETING OF DECEMBER 10, 2002
ORDINANCE NO. 60-02 (EMERGENCY MEDICAL TRANSPORTATION
FEES)
DECEMBER 6, 2002
This ordinance is before Commission for first reading to amend Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to
adjust the fee schedule for emergency medical transportation in accordance with the National
American Fee Schedule.
The following service changes or fees are levied for the provision of emergency transportation:
0)
Advanced Life Support (ALS-l)
Transport fee
e==n nn $375.00
(2) Advanced Life Support (ALS-2) cA~, ,ov.....tn nn $475.00
Transport fee
O) Skilled Care Transport fee
$520.00
(4)
Basic Life Support (BLS)
Transportation fee
(5) Mileage fee
All of the city emergency transport vehicles are Advanced Life Support units; therefore the Basic Life
Support Transportation fee was never used. This ordinance shall become effective as of January 1,
2003.
Recommend approval of Ordinance No. 60-02 on first reading. If passed, a public hearing will be
scheduled for January 7, 2003.
S:\C~ty Cle~k\chevelle folder\agenda memo~\Ord 60-0ZI 2-10-02
ORDINANCE NO. 60-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE
SAFETY AND EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DFJJRAY BEACH, BY AMENDING
SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION
FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE
FOR EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH THE NATIONAL AMERICAN FEE
SCHEDULE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5-
95, which enacted a new Section 96.66 of the City Code to provide for emergency medical
transportation fees; and
WHEREAS, in accordance with the implementation of the National Ambulance Fee
Schedule a new fee schedule is hereby established; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FO! J.OWS:
Section 1, That Title IX, "General Regulations", Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection
96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(A) The following service charges or fees are levied for the provision of
emergency medical transportation:
(1)
Advanced Life Support (ALS-l)
Transport fee
$375.00
(2) Advanced Life Support (ALS-2) ~ $475.00
Transport fee
O) Skilled Care Transport fee
,520.00
(4)
Basic Life Support (BLS)
Transportation fee
eann nn *325.00
(5) Mileage fee e-~ nn
¢ ...., ~..~ $7.50/mile
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4, That this ordinance shall become effective as of January 1, 2003.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ., 2003.
ATFEST:
MAYOR
City Clerk
First Reading
Second Reading
[ITY DF DELRrlV BERgH
FIRE DEPARTMENT
DELRAY BEACH
Ail.America City
1993
MEMORANDUM
SERVING DELRAY BEACH
GULFSTREAM
· HIGHLAND BEACH
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Kerry B. Koen, Fire Chief
December 4, 2002
E.M.S. Transport Fees
Emergency medical service transport fees covered by re-imbursement through
Medicare are being "standardized" on a National basis. Total implementation of a National
Ambulance Service Fee Schedule will be completed within the next four years. Accordingly,
agencies, similar to ours, are adjusting fees annually to be more in line with the anticipated
approved rates as we move toward final implementation.
The attached recommended rate adjustments are part of that process. As you will
recall, we made the first such adjustment last year. In recommending these changes, we
considered and evaluated the rates charged by both public and private providers in the
immediate area.
We request that this item be placed on the December 10, 2002 Agenda with an
effective date of January 1, 2003, if approved by the City Commission.
Fire Chief
FIRE DEPARTMENT HEADQUARTERS * 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Pnnted on Recycled Paper
Skilled
BLS ALS -1 Emerg. ALS - L2 Care Trans. Mileage
AO429 A0427 A0433 A0434
Boynton Beach $260.00 $305.00 $445.00 $525.00 $5.50
Boca Raton $435.00 $425.00 $550.00 $570.00 $7.75
Palm Beach Co. $300.00 $340.00 $450.00 NA $7.50
Deerfield Beach $400.00 $480.00 NA $7.00
American Med. Res. $360.00 $420.00 $440.00 $7.70
AVERAGE $331.66 $366.00 $469.00 $511.66 $7.09
Current Fees
IDelra¥ Beach $300.00 $330.00 $450.00 $520.00 $7.001
Recommended Fees
I Delray Beach $325.00 $375.00 $475.00 $520.00 $7.5ol
Change + $25.00 + $45.00 + $25.00 $0.00 + $0.50
Percentage change 8.30% 13.60% 5.50% 0.00% 7.10%
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # - REGULAR MEETING OF IANUARY 7, 2003
ORDINANCE NO. 53-02 (AMENDING ORDINANCE NO. 4-99)
JANUARY 3, 2003
This ordinance is before Commission for second reading to modify Ordinance No. 4-99, which
provided for fees and payment plans regarding in-lieu parking spaces and included a sunset provision
regarding reevaluation of the ordinance. Ordinance No. 53-02 continues the existing in-lieu parking
fees and payment plans, but does not include the sunset provision
At the first reading on December 3, 2002, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 53-02 on second and final reading.
S:\Ctty Clerk\chevelle folder\agtmda memos\Ord 53 02 1.07.03
[ITY OF DELRflV BEflEH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Dtrect Line 561/243-7091
1993 DATE:
MEMORANDUM
November 20, 2002
TO:
FROM:
City Commission
~., ,.._./>'~-
Brian Shutt, Assistant City Attorney
SUBJECT: In-Lieu Parkinq Fee Ordinance
Ordinance No. 4-99 was enacted by the Commission on February 2, 1999. This
ordinance provided for certain fees and payment plans regarding in-lieu parking
spaces. This ordinance also contained a sunset provision. The sunset provision
was included as it was felt that this ordinance should be reevaluated at a future
time to determine if the in-lieu fee option would still be needed as a redevelopment
incentive. Although redevelopment has occurred, City staff still feels that the in-
lieu fee option is still needed.
Ordinance No. 53-02 is exactly the same as Ordinance No. 4-99, but, does not
include a sunset provision.
By copy of this memo to David Harden, our office is requesting that this item be
placed on the December 3, 2002 City Commission agenda. Please call if you
have any questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Paul Dorling, Director of Planning & Zoning
ORDINANCE NO. 53-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS",
SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES",
OF THE LAND DEVEI.OPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, TO PROVIDE FOR REVISED
IN LIEU OF PARKING REGULATIONS; PROVIDING A
GENERAL REPEAI.F.R CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
public interest
OSSHAD and
WHEREAS, the City Commission has determined that in lieu of fees serve the
by contributing toward relieving the parking problem in the City's CBD, CBD-RC,
GC (West Atlantic Avenue Overlay) zoning districts;
WHEREAS, the City Commission has determined that the amount of in lieu of fees
paid for a particular property should be based upon the location of the property for which in lieu of
fees are sought; and
WHEREAS, the City Commission has determined that funds from the in lieu of fees
shall be used for parking purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental
District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E),
"Location of Parking Spaces", of the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Location of Parking Spaces:
(1) Street parking, parking located in the public fight-of-way, or parking
located in public parking facilities shall not be used to satisfy on-site parking requirements. The
terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the
requirements of Section 4.6.9~)(3)(e), the cost of construction of additional on-street public parking
may be used to offset the total dollar amount due under an in-lieu fee agreement with the City.
(2) Required off-street parking shall be provided on the same lot or parcel as the
building and uses for which it is required, except as provided for within this Subsection (E).
(3) In-Lieu Fee: If it is impossible or inappropriate to provide the requited number
of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in lieu
of providing such required parking, pursuant to the following provisions:
The in-lieu fee is authorized only in the CBD, C.BD-RC, OSSHAD
and GC (West Atlantic Avenue Overlay District) zoning districts in
compliance with the supplemental district regulations provisions
therein.
pa~ent sh~ be approved by ~e Ci~ Co~ssion at ~e ~e of ~e
approv~ of ~e M-heu fee. ~e fee ~o~t sh~ be based upon ~e
location of &e prope~ for wMch M-heu fees ~e b~g sought. Area
descriptions and co=espon~g fee amoun~ are hereby es~b~shed as
fo~ows:
(1) Area 1: Parcels located east of the Intracoastal Waterway
which are zoned CBD - $14.000 per space.
(2)
Area 2: Parcels located west of the Intracoastal Waterway
which are zoned CBD or CBD-RC and which are not included
within the Pineapple Grove Main Street area - $12,000 per
space.
O)
Area 3: Parcels located within the OSSHAD zoning district
and parcels located within the Pineapple Grove Main Street
area which are zoned CBD or CBD-RC - $6,000 per space.
Parcels located within the West Atlantic Avenue Overlay
District which are zoned GC - $4.000 per space.
(c) All proceeds from such a fee shall be used for parking purposes.
(d)
For those parcels located in Area 1 or Area 2. the in-lieu fee shall be
paid in full at the time of submission of a building permit application.
For those parcels located in Area 3 or Area 4, the in-lieu fee may be
paid in full at the time of submission of a building permit application
or in installments. Applicants for an in-lieu fee which is not paid in
full at time of permit, must enter into an In-Lieu of Parking Fee
A~eement with the City. Such agreement shall be recorded with the
Public Records Office of Palm Beach County, Florida. The
2 ORD. 53-02
(e)
obliga_ tions imposed by such an In-Lieu of Parking Fee A~eemen!
constitute a restrictive covenant upon a property., and shall bind
successors, heirs and ass'~gns. The restrictive covenant shall b~;
released upon full payment of the in-lieu parking fees inql0clinc
attorneys' fees and costs. In-l,ieu of Parkin~ Fee Agreem.ents sha~
only be made between the City and the (~ner(.s) of the subject
property. If an In-Lieu of Parking Fee Agreement is entered into,
installment payments shul! be made over a three-year time period
.three installments. The first installment shall be 50% of the total fei,
and is to be paid upon sikming the agreement. The second instalimem
shall be 25% of the total fee and is due on the second anniversary
date of the s'~Lgning of the a~eement. The third and final payment o£
25% of the total fee is due on the third anniversary date of thc
si_~g of the a~eement. There shall be no interest due under thi,:
hedul t.~ ~:a ~
_t>avment. sc e. ~t.~._,..~.-~.~,.:- u~...,...r-~ .....~y ~,,. t''~-- .~ ,,.~n~,. ,~. ~ ,,.~- ~,.:'
_l-"~y"'"~,.~,-o. .-*.,,.. ,.,.,.o,. .............. 1.-I L~ .-1
;~n.-:.-.g '~c kng.~n!!.--..cnt r~rcc.--..cnt. 27.c zcmzk-.'.'.ng r2nc payrr, cnts
In addition to in-lieu fees due, where adequate right-of-way exisi~
adjacent to a proposed project for which an in-lieu parking fee has
been approved, the applicant must construct additional on-street
parking, not to exceed the total amount of spaces subject to in-lieu
fees unless authorized by the City. Commission. The total in-lieu fcc,
due shall be reduced by an amount equal to the actual construction
costs, but in no event to exceed total in-lieu fees for these on-street
spaces including street lighting. Additional credit, not to exceed 10%
of the total fee, mu.y be taken for the actual construction costs of
approved streetscape beautification elements in the public
right-of-way. Beautification improvements may include, but are not
limited to. paverbrick walkways, street fixmiture and landscaping.
Credit may not be taken for those streetscape elements listed in
Section 4.4.13 .fl). (.2) (f) which are required to meet the performuncc
standards for new developments in the CBD which exceed 30
dwelling units per acre. Neither credit for construction of on-street
spaces, nor credit for construction of beautification elements shal_l be.
reimbursed until such construction has been fully completed.
3 ORD. 53-02
Section 2. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That this ordinance shall become effective mediately upon its
passage on second and final reading.
Section 5. That this ordinance applies for all in-lieu fees from the date of
passage of this ordinance and shall also apply to all in-lieu parking fee agreements entered into prior
to the effective date of this ordinance and all in-lieu fees owing to the City under those agreements
shall be paid as set forth in this ordinance and in the in-lieu parking fee agreements.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ., 2002.
MAYOR
ATFEST:
city Clerk
First Reading
Second Reading
4 ORD. 53-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~\~,)
AGENDA ITEM # ~- ~ \ - REGULAR MEETING OF JANUARY 7, 2003
ORDINANCE NO. 54-02 (AMENDING ORDINANCE NO. 51-02)
JANUARY 3, 2003
This ordinance is before Commission for second reading to amend Ordinance No. 51-02. The
language in Ordinance No. 54-02 will read "Lots 2, 3, and 4" in order to datify that Lot 3 of Block 2
and Lot 3 of Block 3 of the Silver Terrace Subdivision was included in Ordinance No. 51-02.
At the first reading on December 3, 2002, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 54-02 on second and final reading.
S:\C~ty Clerk\chevelle folder\agenda memos\Ord 54.02.1.07.03
£1TY OF DELRrlY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Dfrect Line. 561/243-7091
1993 DATE:
MEMORANDUM
November 20, 2002
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Ordinance No. 54-02 Revising Ordinance No. 51-02
After the adoption of Ordinance No. 51-02 a question was raised regarding
whether or not Lot 3 of Block 2 and Lot 3 of Block 3 of the Silver Terrace
Subdivision was included in Ordinance No. 51-02 as the changes made by
Ordinance No. 51-02 referred to "Lots 2-4". In order to clarify that Lot 3 of Block 2
and Lot 3 of Block 3 are also included in Ordinance No. 51-02 this Ordinance is
proposed to clarify that issue by changing "Lots 2-4" to "Lots 2, 3 and 4".
By copy of this memo to David Harden, our office requests that this item be placed
on the December 3, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Paul Dorling, Planning & Zoning Director
ORDINANCE NO. 54-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 51-02 BY AMENDING SECTION 1
CLARIFYING THAT THE LOTS REFERRED TO IN
PARAGRAPH 5(a) INCLUDE LOT 3; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 51-02 was passed and adopted in regular session on second and
final reading on October 15, 2002; and
WHEREAS, this Ordinance clarifies Ordinance No. 51-02 to provide that Lot 3 of Blocks 2
and 3 of the Silver Terrace Subdivision are also included in Ordinance No. 51-02.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOI.I JOWS:
Section 1. That Section 1 of Ordinance No. 51-02 amending Section 3, Paragraph (5) of
Ordinance No. 39-96, be, and the same is hereby amended to read as follows:
(5) Residential development shall be pursuant to the density limitations and
development standards of the RIM (Medium Density Residential) zoning district, except as
modified below:
Except for single family detached dwellings on Lots 2 ¢, 3 and 4; of
Blocks 2 and 3, residential structures shall take access from the local
streets in the subdivision. No new driveway connections to Dixie
Highway are permitted. The driveways on Lots 2 ~ ,3 and 4; of
Blocks 2 and 3; must be designed to enable vehicles to enter and exit
the site in a forward manner.
Multiple family residential structures shall be in the form of
townhouses on platted fee-simple lots or a residential condominium.
Multiple family developments shall have a minimum development
area of one (1) acre.
Tandem parking may be counted toward minimum parking
requirements for townhouse units with garages.
(e)
Rear setbacks, and setbacks along the perimeter of the SAD, shall be
15 feet.
Section 2. That all ordinances or parts of ordinances in express conflict herewith be, and the
same are hereby repealed, provided, however, all other terms and provisions of Ordinance No. 51-
02 shall remain in full force and effect.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2002.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD NO. 54-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~'- REGULAR MEETING OF IANUARY 7. 2003
ORDINANCE NO, 55-02 (AMENDING CHAPTER 111, "ADVERTISING")
JANUARY 3, 2003
This ordinance is before Commission for second reading amending Title XI, "Business Regulations",
by amending Chapter 111, "Advertising" of the City Code of Ordinances by enacting a new Section
111.18, "Distributing Commercial and Non-Commercial Handbills in Public Places" to provide an
updated ordinance.
At the first reading on December 3, 2002, the City Commission passed the Ordinance No. 55-02.
Recommend approval of Ordinance No. 55-02 on second and final reading.
&\Cay Clerk\chevelle folder\agenda memo. Ord 55.02.1.07 03 doc
£1T¥ UF DELI:II:I¥ BEI:I£H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE:
MEMORANDUM
November 20, 2002
Writer's Direct L~ne: 561/243-7090
TO: David T. Harden, City Manager ,. ,,~.~~·
FROM: Terrill Pyburn, Assistant City Attorney
SUBJECT: Proposed Ordinance on Handbills
Please find attached hereto a proposed updated ordinance regarding handbills.
Please review the attached proposed ordinance and let me know if you would like
for me to place it on the next City Commission agenda.
Thank you. Also, please do not hesitate to contact me if you have any questions.
TCP:smk
Attachment
Section 111.15(B) .%-
(B) Exemptions. The provisions o£ this section shall not
apply to the distribution of mail by the United States/ nor to
newspapers except that newspapers shall be placed on private
property in a manner ae to prevent -their being carried or
deposited by the elements upon any street, sidewalk or other
public place or upon private property.
('$0 Cod,, Sec. 12-51) (Ora. No. 34-83, passed 5/20/83)
Penalty,.see Sec. 111.99
PROPERTY.
DEPOSIT.~NG HANDBILLS ON UNINHABITED .OR VACANT
No person' shell throw or deposit any commercial or
noncommercial handbill in or upon any uninhabited or vacant
property.
('80 Code, Sec. 12-49) (Ord. NO. 34-83, passed 5/20/83)
Penalty, see Sec. 111.99
.Section 111..18 D~STRtBUTI~G
HANDBILLS IN PUBLIC PLACES.
COMMERCIAL AND
~ONCOMMERCIAL
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any sidewalk, street, shopping
center parking lot or other public plece within the City, nor
shall any person hand out or distribute or sell any commercial
handbill in any public place, w~thout first securing a permit
from the Building Department-Occupations1 License Department.
However, it shall be lawful on any si~ewalk~ street or other
public plece within the City for any person to hand out or
dtstrtbute~ without charge to the receiver thereof, any
commercial Or noncommercial handbill to any person willing to
accept it. Local businesses licensed under the provisions of
Chapter_Il0 are exempt from this section.
('80 Code, Sec. I2-47] (Ord. No. 34-83, passed 5/20/83)
Penalty, see Soo. 111.99
Cross-roforonco~
Free publicettons, ese Sections 111.30 through 111.32
XI.38
ORDINANCE NO. 55-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DF3.RAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH BY
AMENDING CHAPTER 111, "ADVERTISING", BY
REPEALING SECTION 111.18, "DISTRIBUTING
COMMERCIAL AND NON-COMMERCIAL HANDBILLS IN
PUBLIC PLACES" IN ITS ENTIRETY IN ORDER TO
PROVIDE AN UPDATED ORDINANCE REGARDING
SAME BY ENACTING A NEW SECTION 111.18,
"DISTRIBUTING COMMERCIAL AND NON-
COMMERCIAL HANDBII.I.S IN PUBLIC PLACES";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dekay Beach, Florida, desires to protect its
citizens against the health and safety menace and the expense incident to the littering of the streets
and public places by the uncontrolled distribution of advertising matter and commercial and non-
commercial handbills; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to preserve
the people's constitutional right to receive and disseminate information in a safe and healthy
ITlanIler.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 111, "Advertising", Section
111.18, "Distributing Commercial and Non-Commercial Handbills in Public Places", of the Code of
Ordinances of the City of Delray Beach, be repealed in its entirety and a new Section 111.18,
"Distributing Commercial and Non-Commercial Handbills in Public Places", be, and the same is
hereby enacted to read as follows:
Section 111,19 DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL
HANDBILLS IN PUBLIC PLACES.
It shall be unlawful for any person to deposit, place, throw, scatter or cast any
commercial or non-commercial handbill in or upon any public place within the City.
Provided, however, that it shall not be unlawful for any person to hand out or distribute,
without charge to the receiver thereof, any commercial or non-commercial handbill in any
public place to any person willing to accept such handbill.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause 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
hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
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 ., 2002.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
2 ORD NO. 55-02