Agenda Reg 01-08-02Tuesday. January 8~ 2002
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 N~ 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULE~ FOR PUBLIC PARTICIPATION
1, PUBLIC COMMENT: The public is encouraged to offer comraents 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 will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Public Hearings: Any citizen is entitled to speak on items under this
section.
Be
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
collh-Tlents.
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 ff you have not already done so.
3. ADDRF,~$ING THE COMMI~ION: 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.
APPELI~TE PROCEDURF~
Please be advised that ff a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetines in the Commission Chambers.
2.
3.
4.
5.
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ROLL C~IJ..
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
· December 4, 2001 - Regular Meeting
· December 10, 2001 - Special Meeting
· December 11, 2001 - Regular Meeting
· December 21, 2001 - Special Meeting
PROCLAMATIONS:
A. Martin Luther King, Jr. Day -January 21, 2002
PRESENTATIONS:
None
CONSENT AGENDA: City Manager Recommends Approval.
A. HOLD HARMLESS AGREEMENT/DELRAY
LINCOLN
MERCURY:
Co
Approve a Hold Harmless Agreement with Southeast Investments of Palm Beach
County, Inc. for utihty work performed within the state right-of-way under the Florida
Department of Transportation permit.
REVISION TO WEED & SEED LEASE AGREEMENT: Approve a revision to
the Weed & Seed Lease Agreement changing the name of the lessee on the Agreement
from Weed & Seed Program to The Friends of Weed & Seed, Inc.
PALM BEACH COUNTY FUNDING AGREEMENT/PINEAPPLE GROVE
ROADWAY IMPROVEMENTS: Approve a funding agreement with Palm Beach
County for reimbursement to the C~ty of up to $45,000.00 for roadway Lmprovements
relating to accent lighting and decorative pedestals along Pineapple Grove Way.
FDOT/CSX S.W. l0TM STREET CROSSING REIMBURSEMENT
E0
AGREEMENT: Approve an agreement with the State of Florida Department of
Transportation (FDOT) and CSX Transportation, Inc. to designate maintenance and
modification responsibilities upon completion of the expansmn of the railroad crossing
located at SW 10th Street. The City's annual maintenance costs after completion of the
project are estxmated at $3,098.00.
SUBDIVISION PLAT APPROVAL/ESTUARY II: Approve the subdivision plat
for Estuary II, which consists of lots for 22 townhouse units located on Royal Palm
Boulevard lust west of the Estuary development.
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01-08-02
F. CHANGE ORDER NO. 2 & FINAL PAYMENT/TELCON,
INC./VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS:
Ho
Approve Change Order No. 2 m the net deduct amount of $265,666.80 and final
payment in the amount of $138,451.62 to Telcon, Inc. for the Venetian Drive
Infrastructure Improvements project. Residual funds to be hquidated from 370-3162-
541-65.42 (2000 Bond-Bamer Island) in the amount of $180,779.39, 448-5461-538-
65.09 (Storm Water-Venetian) m the amount of $25,000.00, and 442-5178-536-65.09
(W/S R&R Venetian Drive) in the amount of $59,887.41.
CHANGE ORDER NO. 2/FLORIDA BLACKTOP, INC./SE/SW AREA
INFRASTRUCTURE IMPROVEMENTS: Approve Change Order No. 2 to
Florida Blacktop, Inc. in the total amount of $70,390.52 for the SE/SW Area
Infrastructure Improvements project. Funding is available from 370-3162-541-65.45
(2000 Road Bond-SE/SW Area).
RESOLUTION NO. 2-02/ICMA 457 DEFERRED COMPENSATION PLAN:
Approve Resolution No. 2-02 adopting the amended and restated Plan and Trust
document for the ICMA Retirement Corporation Section 457 Deferred Compensation
Plan effective January 1, 2002, which reflects changes in the law as a result of the
Economic Growth and Tax Rehef Reconciliation Act of 2001 CEGTRRA).
RESOLUTION NO. 5-02/UTILITY EASEMENT ABANDONMENT:
Approve Resoluuon No. 5-02 to authorize the abandonment of a 6' utihty easement
within the Plat of Sabal Lakes Phase Three, located east of Barwick Road and north of
the L-31 Canal.
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE
MUNICIPAL ELECTION/CANVASS ABSENTEE BALLOTS AND
REPRESENT THE CITY AT THE LOGIC AND ACCURACY TESTS FOR
THE MUNICIPAL ELECTION: Authorize the Palm Beach County Supervisor of
Elections to handle and canvass the City's absentee ballots for the March 12, 2002
Municipal Election, and represent the City at the requisite Logac and Accuracy tests.
ADDITIONAL FUNDING REQUEST/CHILDREN'S SERVICES
COUNCIL: Approve an additional funding request in the amount of $43,433.00 to
the Children's Services Council (CSC) due to an increase m salary for the Out of
School Director, operating expenses for additional programs required by the CSC,
implementation of additional programs requiring parental involvement, and
establishment of a new program rifled "New Innovations".
SPECIAL EVENT/CELEBRATE THE SOUL OF DELRAY: Approve a special
event request for the second "Celebrate the Soul of Delray" event to be held on
Saturday, February 16, 2002, including a temporary use pertmt for street closure and
use of Atlantic Avenue from NW/SW 1 st Avenue to NW/SW 5th Avenue, a waiver to
allow event signage more than one week in advance, provide staff support, FDOT
permit apphcarion, obtain power from FPL as needed, and waiver of overtime costs.
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01-08-02
GREEN MARKET EXPANSION REQUEST: Approve a request from the Dekay
Green Market to allow the market to expand and unhze a portion of SE 2na Avenue
from Atlantic Avenue to just north of the first parking lot entrance.
REVIEW OF APPEAl.ABLE LAND DEVELOPMENT BOARD ACTIONS:
Oo
Accept the actions and decisions made by the Land Development Boards for the
period December 10, 2001 through January 4, 2002.
AWARD OF BIDS AND CONTRACTS:
Purchase award to CompServ in the amount of $21,175.00 for the purchase of
three servers under State Contract #25004099-1. Funding is avatlable from
1811-513-64.11 (Computer Eqmpment) in the amount of $12,137.00 and 334-
6112-519-64.11 (Computer Equipment) in the amount of $9,038.00.
Bid award to Tanner Industries in the amount of $15,680.00 for the purchase of
Anhdyrous Ammonia for the Water Treatment Plant. Funding is avadable from
441-5122-536-52.21 (Operating Supplies/Chemicals).
Bid award to Accurate Tennis m the amount of $23,900.00 for the resurfacing
of six (6) acrylic tennis courts and full fiberglass membrane on the stadium court
at the Tennis Center. Funding is available from 334-4145-572.63.90 (Other
Improvements).
REGULAR AGENDA:
A. REQUEST FOR MODIFICATION OF STANDARDS GOVERNING
FINGER PIERS: Consider modification of standards in Land Development
Regulatxons (LDR) Section 7.9.8 governing Finger Piers, pursuant to Section 7.9.4(A) of
the LDR, to allow a 35-foot finger pier to be constructed at 405 SE Th Avenue. The
normal standard ~s 25-feet of dock length. (Quasi-Judicial Hearin~)
BID AWARD/U.S. BIOSYSTEMS: Consider a bid award to U.S. Biosystems m the
amount of $10,000 for laboratory analysis testing of water and wastewater for the Water
Treatment Plant Lab. Funding ~s available from 441-5124-536-34.90 (Other
Contractual Services),
REJECTION OF BIDS/LINEN RENTAL FOR DELRAY BEACH GOLF
COURSE RESTAURANT: Consider rejection of all b~ds received for Bxd No. 2002-
06/Linen Rental for the Delray Beach Golf Course Restaurant due to incorrect b~d
specifications and authorize staff to re-b~d contract.
MEMORANDUM OF UNDERSTANDING/HOMELESS CENSUS AND
SURVEY OF PALM BEACH COUNTY: Consider approval of a $2,500.00 payment
to the Palm Beach County Department of Housing and Community Development as
our share for undertaking a Homeless Census and Survey of Palm Beach County.
Funds are available from neighborhood grant revenues.
01-08-02
E. DIFFERENTIAL PAY FOR EMPLOYEES CALLED UP FOR MILITARY
Fo
RESERVIST DUTY: Consider an extension of an addiuonal 90-days for differential
pay for full-me City employees xvho are Mihtary Reservists and who have been called
to active duty.
APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one regular
member to the Board of Adjustment for an unexpired term ending August 31, 2002.
Based on the rotation system, the appointment of the regular member will be made by
Commissioner Perlman (Seat #I).
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
BOARD: Appoint one regular member to the Community Redevelopment Agency
Board for an unexpired term ending July 1, 2005. Based on the rotation system, the
appointment of the regular member will be made by Cornrmssioner Perlman (Seat #1).
EMINENT DOMAIN PROCEEDINGS/APPOINTMENT OF OUTSIDE
COUNSEL: Consider approval of Resolution No. 6-02 authorizing the
commencement of eminent domain proceedings against a parcel located at Parcel A,
Not]ac Plat, for stormwater retention purposes with a proposed purchase amount of
$541,730.00. In addition, staff recommends the appointment of Bill Doney as outside
counsel for this matter at a rate of $200.00 per hour.
PROPOSAL FOR SETTLEMENT IN KOLLER v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement m the amount of $50,000.00 in Koller v.
Cxty of Delray Beach. Staff recommendation is denial.
APPOINTMENT OF OUTSIDE COUNSEL/VISTA DEL MAR V. CITY OF
10.
DELRAY BEACH: Constder appointment of Weiss & Handler to act as outside
counsel for the case of Vista Del Mar v. City of Delray Beach at a rate of $150.00 per
hour.
PUBLIC HEARINGS:
ORDINANCE NO. 60-01: An ordinance amending the Future Land Use Map (small-
scale) from County MR-5 (Medium Density Residenual 5-12 du/ac) to City LD (Low
Density Residential 0-5 du/ac) and associated annexation with imtial zoning of R-l-
AAA (Single Family Residennal) for the Mason Property, located on the west side of
Barwick Road, approximately 500 feet south of Sabal Lakes Road. (Quasi-Judl'cid
Hea~g as to Zot~fi~g)
ORDINANCE NO. 61-01: An ordinance mending Land Development Regulauons
Section 4. 4.13 (G) (1) (a) regarding residential parking reqmrements m the CBD (Central
Business District).
ORDINANCE NO. 62-01: An ordinance providing for Charter revisions by repealing
Article III, "Legislative", and enacting a new Amcle III, "Legislative", to the City
Charter by repealing Arttde VIII, "Municipal Courts", and amending remaining Articles
I, II, IV, V, VI, and VII to clarify, delete obsolete references, correct grammatical errors,
reorganize and to enhance the Charter's "Readabihty"; providing for a Referendum.
01-08-02
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ORDINANCE NO. 63-01: An ordinance providing for Charter revisions by amending
Arucle III, "Legislauve", Secuon 3.01, "Commission-City Manager Form of
Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-
Mayor; Succession to the Office of Mayor", providing for the length of the Mayor's
term if elected at a Special election; by repealing Secuon 3.06(d), "Vacancies; Forfeiture
of Office; Filling of Vacancies", and enacting a new Section 3.06(d), "Filling a Vacancy
in the Office of Mayor" and subsection 3.06(d)(1)(2)0)(4) and (5); to provide for filling
a vacancy m the Office of Mayor; by amending Ordinance No. 62-01 by repealing
Sections 3.08(b)(1)(2) and 0) of Ordinance No. 62-01 and enacting a new Secuon 3.08,
"Filling of Vacancy in the Office of Mayor" and SubsecUons 3.08(b)(1)(2) and 0), to
provide for the filling of vacancy m the Office of Mayor, providing for the length of the
Mayor's term if elected at a Special elecuon, providing for the Vice-Mayor to serve as
Mayor unttl the next election if 60 or more days remain unul the next election, or if less
than 60 days remain requinng a Special election to fill the vacancy in the Office of
Mayor, providing for the qualificauon of can&dates for a Special elecuon to fill a
vacancy in the Office of Mayor, the date of assumption of Office of the Mayor elected
at the Special elecuon, providing that the term of the Commissioner filling a vacancy
created by the Vice-Mayor succeeding as Mayor shall be only until the next election
instead of the Mayor's term of office, unless a vacancy is created less than 60 days
before the election then the seat shall remain vacant until after a Mayor is elected at the
Special election; providing for the filling of vacancies m the Office of Vice-Mayor and
Deputy Vice-Mayor; providing for a referendum on March 12, 2002.
ORDINANCE NO. 64-01: An ordinance providing for Charter revisions by
amending Arucle III, "Legislative", Section 3.0.1, "Commission City Manager Form of
Government; Term of Office; Number; Office of the Vice-Mayor and Deputy Vice-
Mayor; Succession to the Office of the Mayor; Term Limits", by repealing Secuon
3.01 (c) and enacting new Section 301 (c) and by amending Ordinance No. 62-01, Section
3.09, "Term Ltmits", by amending Subsecuon (a), to provide that effective 2003 and
thereafter a Commtssloner and/or Mayor who reaches term limits during an elected
term shall be nevertheless penmtted to serve out that elected term; providing for a
Referendum on Match 12, 2002.
ORDINANCE NO. 65-01: An ordinance amending Chapter 34 of the Code of
Ordinance, "Elections" heading "General Provisions" by amending Section 34.02, "City
Commission to Provide for Elections: Appointment of Inspectors and Clerks";
amending heading "Qualifications for Candidacy", by amending Section 34.15,
"Quahfying as Can&date"; Section 34.16, "Filing of Nominating Petition", and Section
34.17, "Procedure After Filing", to provide for qualifying for Mayor in the event a
Special election is held to fill a vacancy in the Office of Mayor, to reorganize and correct
grammaucal errors.
ORDINANCE NO. 1-02 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the Land Development Regulations Section 4.4.11CB), "Principal
Uses and Structures Perrmtted", to eliminate equipment rental as a prmcxpal use, and
amending 4.4.11(D), "Conditional Uses and Structures Allowed", to allow "equipment
rental and display" as a conditional use in the Neighborhood Commercial (NC) zoning
district, pursuant to LDR Secuon 2.4.5(M). If passed, a second public hearing will be
scheduled for February 5, 2002.
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01-08-02
11.
12.
13.
RESOLUTION NO. 3-02/TRANSFER OF PROPERTY: Consider Resolution
No. 3-02 which transfers property located at 507 SW 3~d Street to the TED Center to be
ufihzed for affordable housing.
RESOLUTION NO. 4-02/TRANSFER OF PROPERTY: Consider Resolution
No. 4-02 whtch transfers property located at 221 SW 6th Avenue to the Delray Beach
Commumty Development Corporation to be utilized for affordable housing.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
Ao
ORDINANCE NO. 2-02: An ordinance amending the Land Development
Regulations Section 4.6.160D)(2) to add a subsection regarding the substitufon of
mature, exceptional tree specimens for required parking. If passed, a public hearing wtll
be scheduled for February 5, 2002.
ORDINANCE NO. 3-02: An ordinance correcting rezoning from RM (Medium
Density Residential) to CBD (Central Business District) for a parcel of land located on
the east side of Bronson Avenue approximately 100 feet south of E. Atlantsc Avenue.
If passed, a pubhc hearing will be scheduled for February 5, 2002.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
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01-08-02
DECEMBER 4~ 2001
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David Schrnidt in the Commission Chambers at City Hall at 6:02
p.m., Tuesday, December 4, 2001.
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 -
City Manager David T. Harden
Assistant City Manager Robert A. Barcinski
City Attorney Susan A. Ruby
City Clerk Barbara Garito
2. The opening prayer was delivered by Reverend Dan Casselberry, Cason United
Methodist Church.
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
Mayor Schmidt stated the applicant has requested that Item 9.D., Green Market
Expansion Request, be pulled from the Regular Agenda.
Mayor Schmidt stated with regard to Item 8.G.2., Bid Awards of the Consent
Agenda, the applicant is disputing some of the information contained in the backup and would
like this item postponed to the Regular City Commission Meeting of December 11,2001.
Mr. Perlman requested that Item 8.D., Ramblin Rose License Agreement, of the
Consent Agenda be moved to the Regular Agenda as Item 9.A.A.
Mr. Perlman moved to approve the Agenda as amended, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: 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 noted a typographical error on page 2 of the minutes from the
Regular Meeting of November 20, 2001.
Mrs. Archer moved to approve the Minutes of the Regular Meeting of November
20, 2001, subject to the grammatical correction on page 2 as noted by Vice-Mayor McCarthy,
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.
PROCLAMATIONS:
6om,
Recognizing and Commending Shelly Weil and Janet Meeks
Mayor Schmidt read and presented a proclamation commending and
congratulating Shelly Weil and Janet Meeks for their excellent service and commitment to
education in the City of Delray Beach.
Janet Meeks, Education Coordinator, thanked the Commission for creating the
Education Coordinator position and stated she has had a lot of fun doing this over the past eight
months.
Shelly Weil, Chairperson of the Delra¥ Beach Education Board, thanked the
Commission for their confidence and stated the students, teachers, and principals will all benefit
from the Principal for a Day Program.
Lula Butler~ Director of Communi~. Improvement, stated she would like to
take this opportunity to give a special thanks to Shelly Weil and Janet Meeks. Ms. Butler stated
as a volunteer Mr. Weil put in numerous hours to make this program a success.
Mr. Perlman, speaking as a Liaison to the Education Board, thanked Shelly
Weil and Janet Meeks for all their hard work and commitment.
7...&
PRESENTATIONS:
7.A. Impressions of a Neiehborhood Street - Art Contest Award - Traffic
Calming Policy Brochure
Officer Tony Durante, Delray Beach Police Department, stated the Police
Department has been working with the City Engineer to come up with a way to get information
out to the public regarding the current Traffic Calming Policy. Mr. Durante stated there is a
program that exists in the City where a homeowners association or a group of people could apply
for traffic calming features to go in their neighborhood. Mr. Durante stated while in police work
and while visiting homeowners associations, he has had the opportunity to meet with individuals
who have complained about speeding, etc. Mr. Durante stated traffic calming is a way to address
the problem in a long-term sense. Mr. Durante stated he and Randal Krejcarek, City Engineer,
designed a brochure and thought it would be a good way for students in the community to get
involved so they asked second graders at Pine Grove Elementary School to help with the artwork
for the cover of the brochure.
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At this point, Mr. Durante introduced the Judges of the Impressions of a
Neighborhood Street Art Contest:
JUDGES:
· Henry Pelissier
· John Miller
· Inea Jean
· Megan Ilisley
· Lori Durante
Henry Pelissier, a Judge from the Impressions of a Neighborhood Street Art
Contest introduced the following contestants:
CONTESTANTS:
1st Place Winner: Zoe Fulco
2nd Place Winner: Rafael Valderrama
3rd Place Winner: Grabrielle Laurent
Mrs. Archer suggested that the original artwork be placed in poster frames and
displayed in the lobby at City Hall.
Mayor Schmidt commended and thanked Mr. Durante for all the work he put into
this program.
At this point, the time being 6:30 p.m., the Commission moved to Item 7.B.
7.Bo
Presentation of the Site Plan Review and Appearance Board Design Awards
Old Dixie Barbecue (New Commercial Development)
CRA Building (Public Facility- Co-winner)
Orchard View Park (Public Facility - Co-winner)
Pineapple Town (Retail Redevelopment Project)
Spengler Construction (Office Redevelopment Project)
Town Square (Multi-Family Residential Development)
Crane's Beach House (Residential Exterior Renovations)
816 Palm Trail (Commercial Exterior Renovations)
Crane's Beach House (Signage)
Francisco Perez-Azua, Chairman of the Site Plan Review and Appearance Board
(SPRAB), stated he is pleased to present the 2000-2001 SPRAB Design Award recipients. He
thanked and congratulated the award winners in their efforts to create a superior urban design for
the City of Delray Beach.
Review
Mr. Perez-Azua introduced and acknowledged the seven members of the Site Plan
and Appearance Board all of which volunteer their time to the improvement of the
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community.
Paul Dorling, Planning Director, stated he would like to take this opportunity to
recognize Scott Pape, Senior Planner and Ron Hoggard, Senior Planner for the great job they did
in preparing the entire Power Point presentation.
Mayor Schmidt thanked Mr. Perez-Azua and the Board for all the fine work that
they do with overseeing the applications.
8_. CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/AUTOBAHN MOTORS:
Acceptance of right-of-way deeds for Federal Highway and Old Dixie Highway associated with
the Autobahn Motors Dealership, located on the west side of North Federal Highway, 920 feet
north of NE 14th Street.
8.B. MODIFICATION TO PARKING LICENSE AGREEMENT: Approve the
modification to Parking License Agreements regarding enforcement responsibilities to include
the City Manager or his designee(s).
8.C. PROFESSIONAL SERVICES/FUSIVE (CITY WEB SITE): Approve
professional services from Fusive in the amount of $58,000 for Phase II of the development of
the City's web site. Funding is from 334-6111-519-31.90 (Other Professional Services).
g.D.
THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.
8.E. FINAL INVOICEfFINAL PAYMENT (BRONCO SERVICES): Approve the
final invoice/final payment in the amount of $31,996.50 to Bronco Services to complete the
small meter replacement project. Funding is available from 442-5178-536o52.31 (Water Meter
Replacement).
g,F,
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period of
November 19, 2001 through November 30, 2001.
AWARD OF BIDS AND CONTRACTS:
Purchase award to Otto Industries, Inc. in the amount of $16,486 for
garbage carts, lids and warranty. Funding is available from 433-3711-
534-49.35 (Cart Renewal & Replacement).
°
Bid award to U.S. Biosystems in the amount of $10,000 for the annual
contract for laboratory analysis testing of water and wastewater for the
Water Treatment Plant Lab. Funding is available from 441-5124-536-
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12/04/01
34.90 (Other Contractual Services).
Bid Award #2 to U.S. Biosystems in the amount of $10,000 has been postponed
to the Regular City Commission Meeting of December 11, 2001.
Mr. Perlman moved to approve the Consent Agenda as amended, 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.
REGULAR AGENDA:
9.A.A. RAMBLIN ROSE LICENSE AGREEMENT: Approve the automatic
reassignment and reissue of license to Dane Mark's Ramblin' Riverboat, Inc. from Gray Line
Water Tours for the operation of a cruise boat out of Veteran's Park.
Mr. Perlman asked if the City has assurance that Mr. Mark is going to get a cruise
boat. In response, the City Attorney stated these are issues that need to be confirmed with Mr.
Dane Mark and she is hoping to set up a meeting with Mr. Mark to see what his exact plans will
be. The City Attomey explained that the license agreement is automatically re-assigned to Mr.
Mark and if he does not follow the license agreement or does not produce the boat within a
reasonable time then he is in default. Mr. Perlman expressed concern over Mr. Mark producing
the boat within a "reasonable time" and stated he does not want to see this drag on for too long.
Mr. Perlman moved to approve the Ramblin' Rose License Agreement, 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.
9.A. RECOMMENDATION OF SITE PLAN REVIEW AND APPEARANCE
BOARD/LONGHORN STEAK HOUSE & MATTRESS DISCOUNTERS: Consideration of
architectural elevation modifications for the proposed Longhorn Steak House and Mattress
Discounters located at The Plaza at Delray. (Formerly Picadilly Restaurant, pursuant to Section
4.6.18(B)(13) Land Development Regulations. Quasi-Judicial Hearing
Paul Dorling, Planning Director, stated this proposal involves modification of the
elevation to the existing 9,801 square foot restaurant (formerly Piccadilly Circus Restaurant)
located in The Plaza at Delray (f/k/a Delray Mall) shopping center. The LDR's call for the out
buildings to be consistent with the shopping center and if in fact they are not consistent they
could be approved through an action of the City Commission.
At its meeting of November 14, 2001, the Site Plan Review and Appearance
Board approved the Class II Site Plan and Landscape Plan modifications for the Longhorn
Steakhouse and Mattress Discounters. The proposed elevation changes were denied by the
Board as they were unable to make positive findings with respect to LDR Section 4.4.12(F)(2)
and 4.6.18(B)(13) due to the incompatibility of the proposed building elevations with the
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shopping center and with each other.
On November 28, 2001, the Site Plan Review and Appearance Board
reconsidered the revised building elevations. The Board discussed these changes and found that
while the building elevation is not consistent with the architectural style and color of the
shopping center, they are complimentary to the overall shopping center.
The City Attorney stated because this is involving a singular piece of land, this
item should be treated as a Quasi-Judicial proceeding.
Barbara Garito, City Clerk, swore in those individuals who wished to give
testimony on this item.
The City Attorney asked the Commission to disclose any ex parte contacts.
Mayor Schmidt stated he met with Mr. Shapiro, one of the owners of the shopping center to
discuss this. Mrs. Archer stated she had a conversation with Alice Finst. Mr. Perlman stated he
too had a conversation with Alice Finst. Ms. McCarthy stated she had no conversations with
anyone. Mr. Levinson stated he had a conversation with Kelli Freeman, President of the Tropic
Isle Association, Alice Finst and staff.
At this point, Mr. Dorling entered into the record the Planning and Zoning
Department's project file 2002-001. The City Attorney noted that the presentation made by Mr.
Dorling has been accepted into the record.
The following applicant came forward to address the Commission:
Robert Shapiro, Chief Operating Officer of the LefMark Group, Florida,
Inc. and general partner of St. Steven Limited Partnership with the owner with the Plaza
of Delra.y, stated this out parcel represents thc last remaining building that needs some sort of
upgrade for that particular property. Mr. Shapiro stated in 1995/1996 his entity acquired thc
Plaza Delray and tore down approximately 200,000 feet and rebuilt about 150,000 feet. Mr.
Shapiro stated hc is very proud to have received a Special Recognition Award from the Delray
Beach Chamber of Commerce for that project. Mr. Shapiro stated while staff initially felt thc
potential design for Long Horn Stcakhouse is really out of character and inconsistent, Mr.
Shapiro stated the national character of Long Horn Stcakhousc with 135/145 units and the
dramatic change from what is an eyesore to what is being proposed is really in character with an
overall total of 350,000 feet. Mr. Shapiro stated he feels that SPRAB was correct in asking the
LefMark Group to modify the Mattress Discounters portion of thc plan to be more consistent
internally with the Long Horn Steak House design. Mr. Shapiro stated this design is in good
taste and is consistent with the rest of the quality of the center. Hc feels thc design improves the
overall project at Plaza Dclray and urged the Commission to approve the architectural elevation.
The City Attorney politely asked if there is anyone else who would like to speak
for or against this request to please step forward at this time and address the Commission.
Jim Smith, 1225 S. Ocean Boulevard, stated in his experience he has never seen
nor has he ever heard of an out parcel split in half. Mr. Smith stated he feels the reason this
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parcel would be split in half is because when a merchant/owner of a shopping center wants to
increase their revenue, they take a larger building and split it into other buildings. Mr. Smith
feels this parcel is out of character with the neighborhood and urged the Commission to reject
this proposal.
Alice Finst~ 707 Place Tavant, stated if you took a pair of scissors and cut it in
half there would be two free standing buildings in their own design, color, and theme. Ms. Finst
stated this does not work and agrees wholeheartedly with comments expressed by Mr. Smith.
Ms. Finst stated this proposal is two buildings stuck together that should either be separate or
should not exist at all.
There being no one else from the public who wished to address the Commission
regarding this item, the Quasi-Judicial Hearing was closed.
Brief discussion followed between staff and the Commission.
Mr. Perlman inquired about the City's policy regarding outbuildings and asked if
there are any guidelines that there should be just one business. In response, Mr. Dorling stated
there are currently no specific guidelines that address this issue.
Ms. McCarthy commented that many times different shopping centers will have
their own criteria about their out parcels. She stated that one of the things about this being two
entities in one is that if something should happen and one of them go out of business, an entire
parcel would not be left empty or become unsightly. Ms. McCarthy stated she feels that the
frontage that the applicant changed so that the building has more curve appeal from Federal
Highway is something that the Commission was looking for. Ms. McCarthy stated she is glad to
see that the frontage has been addressed so that it is not offensive and people do not have to look
at the loading docks.
Mr. Levinson stated he feels it is important to make it clear that he is in no way
related to Mr. Lawrence Levinson (architect).
Mr. Levinson moved to approve the architectural elevation modifications for the
proposed Longhorn Steak House and Mattress Discounters, subject to the condition as listed on
page four in the Planning and Zoning Staff Report, 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.B. EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL/
VICTORY CAR WASH: Consider approval of an extension of a conditional use to allow the
establishment of a car wash facility for Victory Car Wash, which is located at the southeast
comer of SE 5th Avenue (Southbound Federal Highway) and SE 7th Street. Quasi-Judicial
Hearing
The City Attorney politely asked if anyone besides Mr. Dorling wishes to address
the Commission, to please step forward at this time and be sworn in by the City Clerk.
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Barbara Garito, City Clerk, swore in those individuals who wished to give
testimony on this item.
The City Attorney has the Commission to disclose any ex parte contacts. Mayor
Schmidt, Mr. Perlman, Ms. McCarthy, and Mrs. Archer had no ex parte contacts. Mr. Levinson
stated he had a conversation with Bill Wood.
Paul Doffing, Planning Director, stated this is a conditional use request to allow
the establishment of a car wash facility that contains an automatic/mechanical system and hand
detailing operation for Victory Car Wash. The development proposal includes the demolition of
the existing improvements on the site construction of a 2,050 square foot mechanical wash
facility, 750 square foot office/store, and 900 square foot covered detailing area and 375 square
foot covered waiting area. In addition, the development proposal includes improvement of the
alley located along the west property line, installation of six back-out parking spaces, and a
dumpster enclosure.
At its meeting of July 11, 2000, the City Commission approved this conditional
use which is valid for 18 months and is due to expire January 11, 2002. Positive findings with
respect to the extension request are made in the Planning and Zoning Staff Report and staff
recommends approval of this extension request.
Chaim Shore~ owner/applicant, stated the reason they are asking for an
extension is because they are having difficulty obtaining a loan because of the traffic count.
Therefore, Mr. Shore stated they may request to do a hand wash in the meantime until the traffic
count goes up so they can be approved for the loan to do Phase II which is the automatic full
service car wash.
The City Attorney politely asked that if anyone else from the public wishes to
speak for or against the conditional use, they would need to step forward at this time.
Brief discussion followed between staff and the Commission.
Mr. Levinson asked Mr. Doffing if this could be permitted. In response, Mr.
Doding stated the hand wash portion of it would require a modification to the conditional use.
Mr. Shore stated he would appreciate not having to go through the process again
because it is time consuming and is a cost factor. Mr. Doffing stated that unfortunately for the
applicant the LDR's require that it be approved through the conditional use process and would
require Planning and Zoning recommendation and ultimately City Commission approval.
Mr. Perlman asked Mr. Shore when he went for bank financing did they give him
a number that they are looking for in that area. Mr. Shore stated the lender does not believe that
the existing traffic would support the investment. Therefore, Mr. Shore explained he has been to
several lenders who have denied his request.
Ms. McCarthy asked for clarification whether or not this request is for an
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automated car wash and if there was any retail attached to this. In response, Mr. Shore stated
this request is for an automated car wash and stated there is a small convenience store.
Mr. Dorling explained that car wash facilities are a conditional use in the GC
(General Commercial) and stated the conditional use is very specific and is only for an
automated car wash.
Ms. McCarthy asked if the applicant receives an extension that they are asking for
here would they be able to open the retail part of this. In response, Mr. Dorling stated the retail
was an accessory to the car wash function. Ms. McCarthy asked if the applicant were granted an
extension, how long would this extension be for. Mr. Dorling stated the standard is eighteen
months but if the Commission wished to do so they could extend this further.
Mayor Schmidt asked if the applicant proposes to phase this by starting with the
hand wash and then convert to the mechanical, would it require modification of this conditional
use approval. Mr. Dorling stated the introduction of the hand wash would require a
modification. Mr. Dorling stated it could be a minor modification which would require approval
by the Planning and Zoning Board and a major modification would require a full process to the
City Commission. With respect to Ms. McCarthy's comment about retail or stores, Mr. Dorling
stated they can open up retail sales as a permitted use in the GC (General Commercial) so they
could operate some facility without any conditional use requirement approval. Mr. Dorling
stated given the fact that this property was an old gas station there may be some site upgrades
that would accommodate that kind of use.
Mr. Levinson stated he does not have a problem with granting the 18 months, but
feels they may need to go back through and do the phasing by starting with the hand wash first to
at least get them started.
Mr. Levinson moved to approve the conditional use extension request for Victory
Car Wash based upon positive findings with respect to Chapter 3 (Performance Standards),
Sections 2.4.5(E)(5) and 4.3.3(D) of the Land Development Regulations, and the policies of the
Comprehensive Plan valid for 18 months, 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.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. WAIVER REQUEST/RENEWAL OF TEMPORARY PARKING LOT
PERMIT (BLOCK 86): Consider approval of a waiver to the Land Development Regulations
Section 2.4.6(H)(3)(d)(5), to allow the renewal of a temporary parking lot permit to exceed the
maximum time limit of threedyears for the Block 86 temporary parking lot, located at the south
side of SE 1st Street and SE 3r Avenue and the FEC Railroad track. Quasi-Judicial Hearing
The City Attorney stated this item will be conducted as a quasi-judicial hearing
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which allows for presentations by all involved parties, the admission of documents into the
record and public testimony.
The City Attorney politely asked if anyone besides Mr. Dorling wishes to address
the Commission regarding this waiver request, to please step forward at this time and be sworn
in by the City Clerk.
The City Attorney asked the Commission to disclose any ex parte contacts. Mr.
Perlman stated he spoke with Ed Frakley of Dharma Properties. Mrs. Archer, Mayor Schmidt,
and Ms. McCarthy had no ex parte contacts. Mr. Levinson stated he spoke with Bill Wood and
staff.
Paul Dorling, Planning Director, stated Dharma Properties is requesting a waiver
to LDR Section 2.4.6(H)(3)(d)(5) to allow the renewal of their temporary parking lot permit to
exceed the maximum time limit of three years. In October 1998, Dharma Properties was issued a
temporary parking lot permit on the subject property. Mr. Dorling explained that the perimeter
landscaping and lighting were installed. The north 1/3 of the lot is paved and the balance
contains shell rock with paver block walkways. LDR Section 2.4.6 allows temporary parking
lots for a maximum of three years and that requirement expired on October 2, 2001. Mr. Dorling
stated the applicant is seeking an extension to allow him to continue for an additional year.
At their meeting of November 27, 2001, the Parking Management Advisory
Board recommended approval of this extension request. Staff also recommends approval of the
waiver request for the additional year requested.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission, the public hearing was closed.
Brief discussion by the Commission ensued.
Prior to the vote, Mr. Levinson expressed concern with regard to temporary
parking lots and stated on the other hand there is nothing that precludes the applicant from
making this a permanent parking lot by spending the money necessary to upgrade it to required
standards for a full parking lot.
Mrs. Archer commented that this parking lot is not open for the public at all and
stated the lot is closed unless it is being used for some particular event.
Mr. Perlman commented that he would like to see the applicant pave the parking
lot.
The City Manager commented that it has not been extended under the temporary
parking lot section of the Code, but it is in fact an unpaved temporary lot that has been extended
for more than three years.
Mr. Dorling stated to his recollection and under the temporary parking lot LDR's
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Section, this is the first time that this has exceeded the three years and has been applied.
Mrs. Archer moved to approve the waiver request to allow the renewal of a
temporary parking lot permit to exceed the maximum time limit of three years for the Block 86
temporary parking lot, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - No; Mayor Schmidt - Yes;
Mr. Perlman - No. Said motion failed with a 3 to 2 vote.
10.B. ORDINANCE NO. 59-01 (SECOND AND FINAL READING): An ordinance
amending thc Land Development Regulations Section 2.4.4(F) (Extensions) adding paragraph
(4) regarding litigation, which prevents construction. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to bc held at this
time.
The City Manager presented Ordinance No. 59-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING ARTICLE 2.4,
"GENERAL PROCEDURES", SECTION 2.4.4, "GENERAL
PROCEDURES PERTAINING TO APPROVAL OF LAND
USE AND DEVELOPMENT APPLICATIONS",
SUBSECTION (F), "EXTENSIONS", BY ENACTING A
NEW SUBPARAGRAPH (4), "LITIGATION PREVENTING
CONSTRUCTION", TO PROVIDE GUIDELINES FOR
EXTENSIONS WHEN LITIGATION IS FILED TO
PREVENT CONSTRUCTION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 59-01 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 Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this item, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 59-01 on Second and FINAL
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.
ll.A.
Ci.ty Manager's response to prior public comments and inquiries.
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With regard to a prior concem expressed that a house had been tom down with
only a fireplace left standing and why that was done, the City Manager stated in the past the only
reason to leave a wall after demolition was to ensure that the elevation was not changed. The
City Manager explained that FEMA's current rule requires that any building with a 51%
improvement must be built to current standards. Thus, the slab must meet flood zone
requirements otherwise one cannot obtain flood insurance. The City Manager stated there is no
advantage to leaving any part of a demolished single family home if it is going to be
reconstructed. The City Manager stated impact fees are based on use and are set by Palm Beach
County. The City Manager stated if for instance a building was completely torn down a couple
of years ago and someone comes in to build, they can still get credit for the previous use for
impact fee purposes.
Secondly, with regard to a concern expressed about Sopra Restaurant not
observing the requirements of their valet parking license. The City Manager stated a warning
notice was sent to the licensee on November 29th citing similar fractions of the license agreement
and the changes being proposed to the agreement broadening enforcement capabilities will help
us to do a better job of policing that.
The City Manager stated there was a prior inquiry regarding the property located
at 906 S.W. l0th Street. This property has 17 prior Code Enforcement cases logged against them
since 1992. The watermelon sales have ceased quite some time ago and the vehicles that were
for sale were being placed on the vacant lot by a local car dealer and the renter of the property
who the City has tracked down. The car dealer was warned and ceased placing vehicles on the
vacant lot and the renter of the property is not a car dealer and was selling his own cars.
However, the City Manager stated this will also be discontinued. The City Manager stated staff
has had two conversations with the owner of the property concerning the appearance of the
exterior. In the past, the property has been cleaned up after visits by Code Enforcement and then
reverted to an acceptable condition. The City Manager stated staff is working with the owner to
try and make the changes permanent and the property will be re-inspected on December 10th to
determine the extent of compliance and what further action might be required.
ll.B.
From the Public.
ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard, stated that the Commission needs to be
sensitive to the feelings and provide services for the people who live east of the Lntracoastal. Mr.
Smith stated in the past he has addressed the Commission about numerous concerns to improve
things on the east side of the Intracoastal. Mr. Smith urged the City to install a sidewalk near the
Seagate Hotel and Beach Club because he is concerned that someone will be seriously injured or
killed while crossing A-1-A. He pleaded with the Commission to address this problem
immediately.
ll.B.2. Jean Beer, 2145 S.W. 26th Terrace, thanked the City Manager for the letter
regarding the house located at 906 S.W. l0th Street. Ms. Beer expressed concern over the
increasing number of cars on this lot from yesterday afternoon until this evening.
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11.B.3. Alice Finsh 707 Place Tavant, stated that presentations are not being made in an
appropriate fashion for the public to see and commented that some Boards (i.e. SPRAB) are not
using Power Point.
The City Manager stated that all presentations should be done on either Power
Point or an overhead transparency.
9.C. BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of the FY
2000-2001 bonus payments to JCD Sports Group for golf operations in the amount of $17,500
and for Tennis Center operations in the amount of $3,000. Funding is available in the amount of
$12,000 from 445-4711-572-34.90; $5,500 from 446-4711-572-34.90; $1,500 from 001-4124-
572-34.90 and $1,500 from 001-4133-472-34.90. (Other Contractual Services).
Robert A. Barcinski, Assistant City Manager, stated this is a request to consider a
bonus payment to JCD Sports Group for golf operations for F/Y 2000-01 in the amount of
$17,500 and $3,000 for tennis operations.
Mr. Barcinski stated per terms of the management agreement, Mr. Dubin is
eligible for up to 15% of the annual fee of $135,900 for golf which would be a bonus amount
eligible of $20,385 as well as the tennis contract being eligible for up to 15% of the annual fee of
$44,000, which would make Mr. Dubin eligible for a bonus amount of up to $6,600.
Mr. Barcinski explained that staff agrees with the amount requested for golf and
recommends a $2,000 bonus for tennis versus the $3,000 requested.
Discussion by the Commission followed.
With regard to the operating profit for Lakeview, Mr. Perlman asked why the
projection is so far from the actuals. In response, Mr. Barcinski stated the projections are based
on the unaudited figures that are taken from the income statement which may change when it is
audited. Mr. Barcinski stated staff indicated that they would try to increase the net operating
profit from $188,000 to $190,000. Mr. Barcinski stated the final audited net profit for the
previous year was $159,255 but ended up at $85,368 this year. The previous year was brand new
and Mr. Barcinski stated some rounds this last year have dropped and some expenses have gone
up.
Mr. Perlman asked what the rounds for 2000 were. In response, Mr. Barcinski
stated he does not have that number but believes it is less than 60,000. Mr. Perlman commented
that it seems as though there is a significant drop in rounds but it is not huge and yet the drop in
profit is pretty steep.
Brahm Dubin~ President of JCD Sports Group~ stated the year before was an
incredible year and those performance measures were used. Mr. Dubin explained that normally
$85,000 is in line and stated these are incredible profits for an executive course. Mr. Perlman
commented that he is trying to understand why there was a drop in rounds by 6,000 and why the
profit fell in half.
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Mr. Levinson stated he would like to see a different approach used and looked at
each of these items and assign a value to it to weight an average. Mr. Levinson stated he tried to
make this as purely objective as he could. In the case of golf, Mr. Levinson stated out of a total
of 187 points between the two courses they achieved 112 points which was 60% of the total. If
you multiple that number times the available bonus that would give them a $12,231 golf bonus
not $17,500. In the case of tennis, Mr. Levinson stated there were 100 points available and not a
lot of the tennis objectives were met so they ended up at 30% of the points potential times the
$6,600 potential bonus and came up with $1,980 of actual bonus. Mr. Levinson stated he
assigned points to make this as objective as possible and suggested that this year the City identify
the more important issues that the City wants JDC Sports Group to achieve. Mr. Levinson
stated that it is obvious that net income is more important than whether or not 10 trees need to be
replaced. Mr. Levinson stated he cannot concur with the recommendation of $17,500 or $2,000
but instead recommends a bonus amount of $12,231 for golf and $1,980 bonus amount for
tennis.
Mr. Perlman stated he agrees with Mr. Levinson about the Melaleuca trees and
feels this should not be listed as a goal but something that is routine like cutting the grass. Mr.
Perlman stated he prefers that JCD does ambitious but realistic goals and asked who is actually
setting the numerical goals. In response, Mr. Barcinski stated he concurs with the management
staff at the golf course and some of the numbers come from the Budget document which is
ultimately approved by the City Commission.
Mr. Perlman stated he would prefer that they have ambitious but realistic goals.
The City Manager commented that the courts were not ready as early as what was
anticipated.
Ms. McCarthy commented that last year when the goals were being projected, the
Commission asked for realistic goals. She stated the projections were based on all that happened
but the projections did not happen as soon as were anticipated. Ms. McCarthy stated the
Commission approved these goals because these goals seemed obtainable. She asked if this
contract is based on making projections and whether or not these projections have to be achieved
in order to eam the bonuses.
Mr. Barcinski stated that he believes the way the contract reads, it gives the
percentage of the fee based on performance measures set and approved by the City Commission.
Mr. Barcinski stated these are based on budget projections that are set in the budget as well as
other factors that are not included in the budget.
Mrs. Archer stated she feels it is an excellent idea to assign weighted figures to
the goals to be achieved and would like to see some changes for the upcoming year. Mrs. Archer
feels for the future, the goals should be more realistic and suggested that the Commission make it
very clear on what basis they expect achievement and weight the achievement of the various
goals. Therefore, Mrs. Archer stated there is an understanding going forward.
Mr. Perlman stated the golf rounds at the Municipal Golf Course are only off by
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4,000 and he would like clarification as to why the profits have been cut in half. Mr. Barcinski
stated the expenses increased by approximately $23,000. Ms. McCarthy asked what kind of
expenses have actually increased. Mr. Barcinski stated he is not sure exactly what line item
expenses have increased.
The City Manger suggested this item be delayed until next week in order to do a
complete analysis of Lakeview and explain what happened.
Mr. Levinson stated the Commission needs to refocus these goals and stated he
has less concern about the gross sales in the dining room or the gross sales in the pro shop as he
does about the net income. For example, Mr. Levinson stated with regard to tennis, five of the
eight items did not meet the objectives. Mr. Levinson stated that going forward the Commission
should prioritize the goals and create a grid system.
Mrs. Archer stated for future use when the Commission gets to the point of
reviewing what happened and deciding on bonuses the Commission needs to have more
definitive information and answers so that when there is a review, the Commission has the ability
to ask questions and receive response so that they know what is going on.
Mr. Levinson stated there were a number of references in the document from JCD
Sports Group that reference customer satisfaction. He stated this has not been consistently
surveyed and suggested that there be a customer service survey. Mr. Levinson feels these types
of surveys are good assuming that they come back to the City Manager's office or an
independent verification entity on a regular basis.
It was the consensus of the Commission to table this item until next week.
9.D. GREEN MARKET EXPANSION REQUEST: Consider a request from the
Green Market to allow the market to expand and utilize a portion of SE 2nd Avenue from Atlantic
Avenue to just north of the first parking lot entrance.
This item has been withdrawn by the applicant.
9.E. JOINT PARTICIPATION IN THE WXEL-TV CONSORTIUM: Consider
joint participation in the WXEL-TV Consortium, which will be comprised of local jurisdictions
in support of local programming production. Funding allocated will be devoted to the
production of South Florida Today (SFT) airing at 7 p.m. on Monday, Wednesday and Friday
and at 6:30 p.m. on Saturday.
The City Manager made reference to a letter from Mr. Fred Flaxman, Vice
President for Development of WXEL, and explained that he attended a couple of meetings that
WXEL has had with City Representatives. The City Manager stated WXEL is seeking support
from cities to expand some of their magazine type coverage and are also looking for private
donation support. The City Manager stated that the City of Boynton Beach has agreed to donate
$10,000 this year. The City Manager stated the initial idea was to expand the magazine coverage
and when City staff met to discuss it, WXEL threw in the thirty second spots for every $200
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contributed as a value added piece. The City Manager feels this is worthwhile to be a part of this
and participate at a level of $2,000 this year.
Mayor Schmidt asked if this would exclude the City from participating with the
Boca Education TV. In response, the City Manager stated this would not exclude the City from
participating. The City Manager explained that as WXEL converts to digital, they will be
picking up a lot of the educational effort because as he understands it there will be a statewide
educational broadcast via digital that will be available to put out as part of their signal.
However, the City Manager stated this will be a couple years down the road.
Mr. Perlman asked how much it is to produce the spots. In response, the City
Manager explained that WXEL would be broadcasting spots that the City gives them unless we
would want them to produce them. There have been spots donated while others have cost a few
thousand dollars to produce. Mr. Perlman asked if the City has this capability in-house. In
response, the City Manager explained that the City does not have this capability in-house.
Mr. Levinson stated he discussed this with the City Manager as well as the golf
course and he views this more as a contribution to a community group much the same as the City
has done with others who have requested money from the City to promote Delray (i.e. singing
group that went to Europe, Atlantic High School Band that went to Aloha Bowl). Mr. Levinson
stated that most of what WXEL is proposing to do they are obligated to do per their Charter. Mr.
Levinson stated he feels WXEL is a great station and has been a supporter both corporately as
well as individually. However, Mr. Levinson expressed concern that the City may not be ready
to do this in terms of spots and stated the Legislation is about to finish and commented that the
City will probably feel some impact to the sales tax reduction.
Mrs. Archer stated she sees this as an opportunity to promote community events
and feels there are many opportunities where this would be useful to the City. Mrs. Archer
stated she would like to see Delray keep its name in front for a minimal contribution. In
addition, Mrs. Archer stated she would be in favor of participating on an initial basis to see
where it goes and what can be done later.
Prior to the vote, the following discussion ensued.
Ms. McCarthy inquired about the funds allocated for public relations and asked if
it is possible for the City to pay for this with those funds. In response, the City Manager stated
these funds are earmarked at this point for things the City is already planning to do.
Mrs. Archer moved to approve the joint participation in the WXEL-TV
Consortium, 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 -
No. Said motion passed with a 4 to 1 vote.
9.F. LINTON BOULEVARD WIDENING: Discussion regarding the County's plan
to construct a guardrail along the north side of Linton Boulevard between Germantown Road and
Congress Avenue.
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The City Manager stated this item before the Commission is regarding a proposal
for a guardrail on the north side of Linton Boulevard. The City Manager stated since he drafted
this, he has not had the opportunity to speak with Palm Beach County Commissioner Mary
McCarty about this. The City Manager explained that this has been added into the project as a
request from the residents of Pines East that were concerned about having the traffic that much
closer to their homes. The City Manager recommends that something be worked out that would
not be a maintenance headache and something that would be more appealing. The City Manager
stated he mentioned to Commissioner McCarty the example of the guardrail by the Community
Child Care Center which is on the back side of the sidewalk. Now that the shrubbery has
matured, someone cannot even tell the guardrail is there. The City Manager stated he wanted the
Commission to be aware of the situation and asked for their support in order for staff to work
with the County to try and come up with a different solution.
It was the consensus of the Commission to allow the City Manager to work with
Palm Beach County to try and come up with a different solution.
9.G. APPOINTMENT OF ASSISTANT CITY ATTORNEY I: Appoint Jeffrey
Collier for the position of Assistant City Attorney I effective December 10, 200l.
The City Attorney stated there were over 100 applicants for this position. Mr.
Collier was selected because he was one of the top applicants and a member of the law review
while he attended law school. The City Attorney stated Mr. Collier was also a staff attorney for
the 15th Judicial Circuit Court and when she checked his references, many of the judges gave
him glowing comments.
Mr. Perlman moved to appoint Jeffrey Collier for the position of Assistant City
Attorney I effective December 10, 2001, 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.
9.H. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint
two (2) members to the Planning and Zoning Board to fill unexpired terms. Based on the
rotation system, an appointment will be made by Commissioner Perlman (Seat #1) for a term
ending August 31, 2002 and Commissioner Archer (Seat #2) for a term ending August 31, 2003.
Mr. Peflman moved to appoint Kevin Warner (Engineer) as a member to the
Planning and Zoning Board to fill an unexpired term ending August 31, 2002, 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.
Mrs. Archer moved to appoint Mark Krall (Attorney) as a member to the Planning
and Zoning Board to fill an unexpired term ending August 31, 2003, 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 - No. Said motion passed with a 4 to 1
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vote.
At this point, the Commission moved to Item 12, First Readings portion of the
agenda.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 60-01: An ordinance amending the Future Land Use Map
(small-scale) from County MR-5 (Medium Density Residential 5-12 du/ac) to City LD (Low
Density Residential 0-5 de/ac) and associated annexation with initial zoning of R-l-AAA for the
Mason Property, located on the west side of Barwick Road, approximately 500 feet south of
Sabal Lakes Road. If passed, a quasi-judicial hearing will be scheduled for January 8, 2002.
The City Manager presented Ordinance No. 60-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY
OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON
THE WEST SIDE OF BARWlCK ROAD AND NORTH OF
LAKE IDA ROAD, APPROXIMATELY 500 FEET SOUTH OF
SABAL LAKES ROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5
DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP
AS CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF
TO R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT;
PROVIDING A GENERAL REPLEALER CLAUSE,
PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 60-01 is on file in the City Clerk's office.)
The City Attomey read the caption of the ordinance.
Paul Dorling, Planning Director, stated the 0.88 acre property is currently located
in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning
designation. The property is located within the City's Planning Area and the owner is seeking
voluntary annexation at this time.
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12/04/01
The property contains an existing 3,867 square foot one-story single family home
and the annexation request has been made in conjunction with a request for city water services.
At its meeting of November 19, 2001, the Planning and Zoning Board held a
public heating and there being no discussion regarding the proposal, the Board unanimously
recommended approval of this annexation request.
Mr. Perlman moved to approve Ordinance No. 60-01 on FIRST Reading,
seconded by Ms. McCarthy. 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.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manauer.
With regard to Mr. Pedman's inquiry about the timing on the Emergency
Management Grant, the City Manager stated the preliminary scores for grant awards are mailed
April 15th. There is an appeals process with a deadline of MarYh 6th. Pending no appeals, the City
Manager stated the final scores and awards will go out May 6 and the City will have 21 days to
accept or reject the grant award.
Also, the City Manager stated the Finance Department has completed a report on
the grants the City has received over the last five years and this will be presented to the
Commission.
13.B. City Attorney.
The City Attorney stated she will be hand delivering the ordinances with the
ballot questions to the Commission. The City Attorney stated she is hoping to get these
ordinances on the meeting of December 11, 2001, for a first reading with the second reading on
January 8, 2002. The City Attorney informed the Commission to feel free to make any
comments before next Tuesday.
Secondly, the City Attorney welcomed Jeffrey Collier, the new Assistant City
Attorney I, who will start employment with the City effective December 10, 2001.
13.C.
13.C.1.
City Commission.
Commissioner Levinson
Mr. Levinson had no comments or inquiries on non-agenda items.
13.C.2.
Commissioner McCarthy
season.
Ms. McCarthy stated she would like everyone to have a fabulous and safe holiday
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12/04/01
13.C.3. Mayor Schmidt
Mayor Schmidt commented that Theresa LcPore, Supervisor of Elections, will be
hcrc on December 11, 2001. Mayor Schmidt stated thc new voting equipment will be set up in
the lobby of City Hall and Ms. LePorc will be giving demonstrations on how to use the
equipment. In addition, Mayor Schmidt stated Ms. LcPorc will bc making a presentation to thc
Commission at 6:00 p.m. Furthermore, Mayor Schmidt requested that a Press Release go out so
that if people are interested, they can come and take a look at thc new machines before they
actually have to vote in March, 2002.
13.C.4.
Commissioner Perlman
With regard to the joint meeting with the CRA, WARC and the City Commission,
Mr. Perlman stated he was reviewing the report from this meeting and noticed the City has
blown a lot of the timeframes. Mr. Perlman stated the City did not sit with the CRA in October
regarding the budget and stated he believes that they were required to have a public_relations
plan by October/November. Mr. Perlman stated the meeting was well worth it but feels unless
the City needs to follows-through it is ultimately not worth it.
Secondly, Mr. Perlman commented that Caridad Asensio who headed and
founded the Migrant Association of South Florida and built the health clinic out west in Boynton
Beach, was struck by a car last night and is in critical condition. Mr. Perlman stated he has
known Ms. Asensio for approximately fifteen years and stated she has also done a lot for farm
workers in this area, west Delray in particular. Mr. Perlman asked everyone to keep her in their
prayers and feels she has been an incredible asset to the community.
The City Manager stated the CRA has formally adopted their report on the Joint
Planning Session and the report is now going to WARC. The City Manager stated after WARC
adopts the report, they would like the City Commission to formally adopt it.
13.C.5.
Commissioner Archer
Mrs. Archer stated Theresa LePore, Supervisor of Elections, was at Rotary at
lunch giving everyone a demonstration on how to vote and this is the second time she has seen
has seen the new voting equipment and is looking forward to learning a third time. Mrs. Archer
stated that Ms. LePore informed her that in some of the more mature communities, they were
very impressed with the ease at which people were able to vote. Mrs. Archer stated this is very
encouraging to know.
Secondly, Mrs. Archer stated Dale Griffin-Briese who is a long time resident of
the City and at one time lived outside the City limits, stated she and her husband built a house in
Osceola Park. Mrs. Archer stated Ms. Briese invited the Commission, staff, and the CRA to for
a short reception at their two-story home. Mrs. Archer suggested that next week the Commission
can discuss some dates as to when they would like to go see the home.
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12/04/01
at 8:00 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 4,
2001, 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.
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12/04/01
DECEMBER 10, 2001
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor David Schmidt in the City Manager's Conference Room, Monday,
December 10, 2001 at 7:37 a.m.
Roll call showed:
Present -
Commissioner Patricia Archer (arrived 7:40 a.m.)
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David Schmidt
Absent - None
Also present were -
City Manager David T. Harden
City Attorney Susan A. Ruby
City Clerk Barbara Garito
Mayor Schmidt called the meeting to order and announced that it had been called for
the purpose of considering the following item:
(1)
Discussion regarding the possible relocation of Atlantic High School.
Commission discussed the Atlantic High School Site Selection Analysis presented as back-up.
Option (1) is to replace and remodel on the existing site. The school would remain in continuous
operation during construction. Option (2) is to construct on the Tare property, this will allow the
current students to be housed in the existing school until the project is complete. Option 0) is to
construct on the Arvida Site which is an irregular shape and will present some challenges in layout
and planning.
It was the consensus (unanimous) of the Commission that Atlantic High School should be relocated
and the best location would be the Tate property.
There being no further business, Mayor Schmidt declared the Special Meeting
adjourned at 8:10 a.m.
ATTEST:
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Special Meeting of the City Commission held on
Monday, December 10, 2001 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 amendments, additions or deletions to
the Minutes as set forth above.
2
DECEMBER 11, 2001
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 11, 2001.
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 -
City Manager David T. Harden
Assistant City Manager Robert A. Barcinski
City Attorney Susan A. Ruby
Assistant City Attorney Brian Shutt
City Clerk Barbara Garito
The opening prayer was delivered by David T. Harden, City Manager.
e
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
Mayor Schmidt noted that Item 9.A., License Agreement/Cause Events~ Inc.
(Sportsfest 2002), of the Regular Agenda be pulled.
Mr. Levinson requested that Item 9.H., Tribute to C. Spencer Pompey/Perfect
Results~ Inc, be moved up on the Regular Agenda to Item 9.A.
Mr. Perlman moved to approve the Agenda as amended, seconded by Mr.
Levinson. 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.
5~
APPROVAL OF MINUTES:
None.
PROCLAMATIONS:
None.
At this point, the Commission moved to Item 7.C., Government Finance
Officers Association - Certificate of Achievement for Excellence in Financial Reporting.
7_&
PRESENTATIONS:
7.C.
Government Finance Officers Association - Certificate of Achievement for
Excellence in Financial Reportine
Mayor Schmidt presented the Certificate of Achievement for Excellence in
Financial Reporting for fiscal year ending September 30, 2000 to Joe Safford, Finance Director.
Mr. Safford came forward to accept the Certificate of Achievement plaque and
stated the Finance Department has received this recognition for 18 consecutive years. Mr.
Safford recognized and commended Milena Walinski, Assistant Finance Director, and the entire
accounting staff for all their hard work in preparing the Comprehensive Annual Financial Report.
7oA.
Theresa LePore, Supervisor of Elections - New Voting Equipment
Theresa LePore, Supervisor of Elections, briefly explained the new voting system
for Palm Beach County. Ms. LePore stated the Supervisor of Elections office is going through
the testing of the equipment and writing all the procedures for Tallahassee which is required by
Law to have in place for the spring elections. Ms. LePore stated she is trying to get out to as
many locations as possible concentrating on the incorporated areas and then, after April 1st,
fanning out into the unincorporated area. Ms. LePore stated demonstrations will be given at
various malls throughout the County and a mobile unit will be on-line in a couple of months to
get out to street fairs and shopping center parking lots. In addition, Ms. LePore stated they also
plan to be in all City Halls in Palm Beach County one week in February and are also hoping to get
all cities at the same time to do a publicity notice. Ms. LePore stated the equipment will be set up
where desired and she will work with the municipal clerks training a minimum of two employees
to give instructions on how to use the machine.
Ms. LePore stated the system is extremely easy to use and set up. Ms. LePore
stated when someone goes to vote they will sign in and show photo ID as required by Law and if
someone does not have a photo ID, they will have to provide an affidavit to prove who they are.
The poll worker will give the voter a "smart card" which basically tums the machine on. The poll
worker activates the card for the voter. In a regular election, municipal election or general
election, all the cards are activated with the same ballot style. All ballot styles are in the machine
and the card just tells the machine which ballot style to turn on. Ms. LePore explained that the
card is inserted into the machine and should be pushed all the way in until it clicks. The card
stays in the machine the entire time one is voting. Ms. LePore stated the beauty of this particular
unit is that multiple languages can be put on and they are planning to put English and Spanish on
for the spring and eventually adding Creole for the fall election. Ms. LePore stated an advantage
to this machine is someone cannot over vote.
Mrs. Archer asked if something did happen to the card and you had to go back to
the machine, how long a delay would incur? In response, Ms. LePore stated it would depend on
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12/11/01
where the machine is located and the Sheriff's office would probably be put on standby. Ms.
LePore stated it is just a matter of getting to the polling location and getting the machine back to
the West Palm office.
Mrs. Archer asked how long after the polls close does Ms. LePore expect to have
the results from the election. In response, Ms. LePore stated she observed and election in
Riverside, California in April and based on the fact that their polls were open from 7:00 a.m. and
closed at 8:00 p.m., they were finished by 9:30 p.m. Therefore, Ms. LePore stated she is hopeful
that the results of the election will be available within a few hours after the polls close.
Also, Ms. LePore emphasized that if someone votes by absentee ballots it will be
on the touch screen and if someone votes absentee by mail it will be an optical scan ballot.
7.Bo
Winners
After School Program- "What It Means to Be an American" - Essay Contest
Rich Connell~ Assistant Director of Parks and Recreation~ stated he spoke with
Tanya Smith, Program Director, and Rodger Ribiero, Recreation Superintendent, about how the
news media was saying how the events of September 11th has changed our lives forever. Mr.
Connell stated he wondered how children have been affected by all this and also wanted to urge
everyone to increase the educational component in the After School Program with homework
assistance and thus came up with the idea of having an essay writing contest. Mr. Connell
thanked the children and their parents for being in attendance this evening.
Rodger Ribiero~ Recreation Superintendent, stated after the events of
September 11th, what would be the best way for the children to understand a little bit about our
country. Mr. Ribiero stated the Parks and Recreation Department invited the VFW Post #6 to
speak to the children at Pine Grove, the Community Center, and at Pompey Park to let them know
what they had done.
Tanya Smith~ Program Director~ stated the following are three categories of the
contest: (1) Coloring, (2) Drawing, and (3) Essay. Ms. Smith stated she is very proud of the
children.
Mayor Schmidt presented the following winners of the Essay Contest Winners
with art and essay awards:
Community Center/Coloring:
1~t Place Alkyshia McDonald - 1st Grade
2nd Place Marsha Jean-Baptiste - 1st Grade
3rd Place JaTanga Rowell - 2nd Grade
Community Center/Drawing: None
Community Center/Essay:
1st Place - Anthony Davis
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12/11/01
2nd Place - Lensa Jeudy
3rd Place - Jim Loseielle
Pine Grove/Coloring:
1st Place- Guervely Cajuste
2nd Place - Shama Exantus
Pine Grove/Drawing:
1st Place - Nadiyah Braxton
2"d Place - Marquis Huggins
3rd Place - Diamond Gardner
Pine Grove/Essa,(:
1st Place - Lashundra Beauchamp
2nd Place - Tyrell Jones
3rd Place - Jessica Beauford
Pompey Park/Coloring:
lst Place Kristin Johnson
2~d Place Bria Askins
3rd Place Lovensky Delva
Pompey Park/Drawing:
Marc StLouis Tatyona Evans
Jared Johnson Shakira Robinson
Donta Medina Rashaud McKennon
Pompey Park/Essay:
Sylvester Louis
Jacobi L. Demps
Shamari Patrick
CONSENT AGENDA: City Manager Recommends Approval.
8.A. LANDSCAPE AGREEMENT/RALPH ISUZU/DAEWOO DEALERSHIP:
Approve a landscape agreement with Ralph Buick, Inc. (Ralph Isuzu/Daewoo Dealership),
located at the northeast comer of South Federal Highway and Fladell's Way (Avenue F) (2501
South Federal Highway), to allow deferral of installation of the required 25' landscape strip along
Federal Highway until future widening of Federal Highway occurs.
8oao
ACCEPTANCE OF EASEMENT DEED/DELRAY PARK OF COMMERCE
(STORETECH PROJECT): Approve and accept an easement deed granting to the City the
means to install and maintain a water main extension that was a requirement of the site plan
approval for the Storetech project located in the Delray Park of Commerce adjacent to NW 17th
Avenue.
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12/11/01
8.C. FUNDING AGREEMENT/WEED AND SEED PROGRAM: Approve funding
agreements between the City and MAD DADS of Greater Delray Beach ($35,000.00), Children
Learning After School Sessions, Inc. ($20,500.00), and Roots Cultural Festival, Inc. ($15,000.00)
for participation in the U.S. Department of Justice Executive Office for Weed and Seed program
for fiscal year October 1, 2001 to September 30, 2002.
goD.
LANDSCAPE MAINTENANCE AGREEMENT/RENAISSANCE LIMITED
LIABILITY CORPORATION: Approve a landscape maintenance agreement between the City
and Renaissance Limited Liability Corporation to allow placement and maintenance of landscape
material for the island(s) located within the right-of-way of N.E. 2nd Street adjacent to the
Renaissance Village.
8.E. CHANGE ORDER #2/FINAL PAYMENT/SONIC ENGINEERING~ INC.
(INFRASTRUCTURE IMPROVEMENTS): Approve Change Order #2 in the amount of
$6,654.15 and final payment in the amount of $22,937.81 to Sonic Engineering, Inc. for the
Southridge Road, Sunset and Albatross Road Infrastructure Improvements project. Funding is
available from 370-3162-541-65.46 (Southridge Road/Sunset/Albatross Road).
8.F. CONTRACT ADDITION (C.O. #1)/DRILLING SERVICES~ INC.
~RECONSTRUCTION OF DRINKING WELL): Approve a contract addition (C.O. #1) to
Drilling Services, Inc. in the amount of $51,850.37 for the reconstruction of Drinking Water Well
#26 from its existing location south of SW 10th Avenue on the east side of 1-95 right-of-way to the
intersection of SW 7th Street and Auburn Avenue. Funding is available from 442-5178-536-61.82
(Well Rehabilitation).
8.G. CONTRACT ADDITION (C.O. #1)fMURRAY LOGAN CONSTRUCTION~
INC. (LIFT STATION REHABILITION): Approve a contract addition (C.O. #1) to Murray
Logan Construction, Inc. for the rehabilitation of Lift Station #31 in the amount of $74,000.00,
which includes replacement of deteriorated pumps and rails and breakaway flanges at nine (9)
existing sanitary lift stations throughout the City. Funding is available from 442-5178-536-61.83
(Lift Station Rehabilitation).
8.H.
LANDSCAPE MAINTENANCE AGREEMENT WITH FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT)/A-1-A: Approve an agreement with the
Florida Department of Transportation (FDOT) for landscape maintenance of a 2,745 foot section
of A-l-A, located between Highland Beach City limits and the Linton Boulevard Bridge.
8.I. SPECIAL EVENT REQUEST/13TH ANNUAL DOWNTOWN ART
FESTIVAL (HOWARD ALAN EVENTS~ LTD.): Approve a special event request for the 13th
Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held January 19
and January 20, 2002, which includes waiving rental fees for use of City facilities, waiving costs
associated with constructing/installing event signs and banners, and staff assistance with
constructing/installing signs and banners.
8.J. SPECIAL EVENT REQUEST/FOTOFUSION 2002: Approve a special event
request for Fotofusion 2002 to be held January 22 through January 26, 2002, which includes event
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12/11/01
signage (approximate cost $250.00), waiving costs associated with constructing/installing event
signs and banners, and staff assistance with constructing/installing signs and banners.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period December
3, 2001 through December 7, 2001.
oEo
AWARD OF BIDS AND CONTRACTS:
1.
Bid award in the amount of $3,882,210.00 to Bean Stuyvesant for the
beach renourishment contract. Funding for this item will be obtained
through short-term financing with the entire cost of the contract later
reimbursed from Federal, State, and County appropriations.
°
Bid award to Eagle Painting in the amount of $27,550.00 for the painting of
the Police and Fire Headquarters. Funding is available from 334-6112-
519-46.10 (Building Maintenance).
Mr. Perlman moved to approve the Consent Agenda, 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.
REGULARAGENDA:
9.A. (FORMALLY ITEM 9.11.) TRIBUTE TO C. SPENCER
POMPEY/PERFECT RESULTS~ INC.: Consider approving a $15,000 advancement to Perfect
Results, Inc. for the production of a Black History video tribute to C. Spencer Pompey to be
repaid to the City by Palm Beach County Commissioner Addie L. Greene.
The City Manager acknowledged Mrs. Pompey who was present at the meeting.
Mr. Perlman moved to approve a $15,000 advancement to Perfect Results, Inc. for
the production of a Black History video tribute to C. Spencer Pompey, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy
- Yes; Mayor Schrnidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a
5 to 0 vote.
.9.A. LICENSE AGREEMENT/CAUSE EVENTS, INC. (SPORTSFEST 2002):
Consider approval of a license agreement with Cause Events, Inc. for use of the Tennis Center
and other City facilities for "Sportsfest 2002" to be held March 23, 2002 from 10:00 a.m. until
11:00 p.m. Cause Events, Inc. will be responsible for staging, production, management,
promotion, advertising, concessions, utilities, clean-up and trash removal, and Police and Fire
overtime. The City will provide signage, barricade assistance and use of parking lots for the
event. The event is to include Golden Gloves boxing and other sporting events.
This item has been pulled from the agenda by staff.
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12/11/01
9.B. BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of the
FY2000-2001 bonus payments to JCD Sports Group for golf operations in the amount of $17,500
and for Tennis Center operations in the amount of $3,000. Funding is available in thc amount of
$12,000 from 445-4711-572-34.90; $5,500 from 446-4711-572-34.90; $1,500 from 001-4124-
572-34.90 and $1,500 from 001-4133-472-34.90. (Other Contractual Services).
Robert A. Barcinski, Assistant City Manager, stated some additional information
particularly as it applied to the Lakeview questions are outlined in a memo from JCD Sports
Group. In addition, Mr. Barcinski stated there is a cover memo from himself attached and
information regarding comparative income statements for both facilities.
Prior to the vote, Mr. Peflman stated he cannot support the bonus for tennis.
Although Mr. Perlman feels the hiring of Dick Stockton was a big stride, he has a different
philosophy on bonuses. Mr. Perlman stated there were significant things that were not
accomplished from the performance standards with regard to the tennis. Mr. Perlman stated he is
happy that the City is moving in the right direction and feels the Task Force has done a good job
although we still have not addressed the long-term viability and use of the stadium.
Mr. Levinson moved to approve a bonus payment of $1,980 for tennis, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed
with a 4 to 1 vote.
Prior to the vote, Mr. Levinson commented that the number he came up for using
the weighted average which is $12,231. Therefore, Mr. Levinson stated he cannot support the
bonus payment of $17,500.
Mayor Schmidt stated he agrees with comments expressed by Mr. Levinson at the
December 4th Commission Meeting and stated that some of the projections were not made.
Mayor Schmidt stated he has a problem with the structure of the bonus and feels several of the
performance standards were not met and therefore he cannot support this either.
Mr. Perlman moved to approve the bonus payment of $17,500 for golf, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - No; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes. Said motion
passed with a 3 to 2 vote.
At this point, Ms. McCarthy stated that because there has been so much discussion
regarding weighted measures, that this be discussed further at a Workshop Meeting in January.
Mr. Barcinski so noted and commented this is the recommendation of the Tennis Task Team and
that the Commission plan to Workshop this for sometime in January. Ms. McCarthy requested
that this also be for the golf course as well and prioritize these goals so that the Commission
knows what is expected and what is not expected. Mayor Schmidt stated he agrees with
comments expressed by Ms. McCarthy.
Mr. Levinson requested that the Business Plan (which was an obligation of the
contract) be delivered to him which was prepared for fiscal year 2002 by Mr. Dubin.
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12/11/01
Mrs. Archer stated that she concurs with Commissioner McCarthy's concept that
she does not feel it is appropriate to change course half way through the year.
9.C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
ACTION: Consider an appeal of a decision of the Site Plan Review and Appearance Board's
action relating to the architectural elevations Associated with Morse Kia, located at the northwest
comer of South Federal Highway and Avenue F. Quasi-judicial Hearing
Mayor Schmidt asked the Commission to disclose any ex parte comacts.
Mr. Levinson stated he had comact with Michael Weiner. Ms. McCarthy stated
Michael Weiner is the only person she has communicated with on this. Mayor Schmidt stated he
also spoke with Michael Weiner. Mr. Perlman stated he has had no ex parte contacts. Mrs.
Archer stated she too spoke with Michael Weiner.
The City Attorney politely asked if anyone from the public wishes to address the
Commission regarding the appeal, to please step forward at this time and be sworn in by the City
Clerk.
Barbara Garito, City Clerk, swore in those individuals who wished to give
testimony on this item.
Mr. Dorling stated at its meeting of November 14, 2001, SPRAB considered the
Class IV site plan modification, landscape plan and elevations for Morse Kia Dealership. Mr.
Dorling stated the improvements included a 4,669 square foot metal service building addition to
the west side of the sales building as well as a 1,503 square foot addition to the front of the sales
building. The Site Plan Review and Appearance Board did not have any issues with the proposed
stucco CBS building addition on the from. However, SPRAB did have concerns with the 5,669
square foot metal building proposed to the rear of the structure.
Staff initially recommended that the elevations be approved subject to the bottom
half of the building provide a stucco base around the entire building to soften the elevations.
SPRAB had significant discussion thought it was inappropriate to have the metal building along
Federal Highway as well as along Dixie Highway. Mr. Dorling showed slides of the existing
building as well as the proposed elevations.
Francisco Perez-Azua~ Chairman of SPRAB, gave the Commission some
background on the metal building. In the past few months, Mr. Pcrez-Azua stated it has been the
position of SPRAB that metal buildings should bc phased out of thc town in order to improve the
town. Mr. Pcrcz-Azua stated it has been thc general direction of thc Board to not approve metal
buildings. Mr. Percz-Azua explained with this particular project, the Board deliberated for quite
some time because of the location of the metal building.
Paul Dorling, Planning Director, entered into the record the Planning and Zoning
Department's project file #2001-284 as well as the Power Point presentation.
Michael S. Weiner, Attorney representing the applicant Morse Kia and Morse
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Operations, Inc., stated it is his understanding that Mr. Perez-Azua did not have anything
personally against the metal building and that he considered wings coveting a building to be
sufficient in his personal opinion. Mr. Perez-Azua stated he did express concerns with having a
metal building. However, as a compromise he offered a solution of putting concord wings so the
metal building would not be seen from Federal Highway.
Michael Weiner stated they wish to appeal the denial by the Site Plan Review and
Appearance Board of the architectural elevations of Morris Kia in connection with the Class IV
site plan that was presented to that Board. Mr. Weiner stated that hearing before SPRAB was
conducted on November 14, 2001, and all other matters associated with the site plan were
approved in accordance with the LDR's including LDR 2.4.5. Mr. Weiner stated the property is
located at the northwest comer of South Federal Highway and Fladell's Way (Avenue "F").
Mark Marsh, architect with Digby Bridges, Marsh and Associates, stated he
made the presentation to SPRAB on November 14, 2001, and as Mr. Perez-Azua stated, they were
discussing options and it was basically a Board position that metal buildings would not be
approved in this location. Mr. Marsh displayed an aerial view of South Federal Highway and
Dixie Highway. Mr. Marsh stated he feels by creating a more permanent building in front of the
metal building to mitigate the exposure to the tight-of-way would make it consistent and overall is
a good solution for the owner.
At this point, Mr. Weiner submitted Mr. Marsh's exhibits into the record. In
addition, Mr. Weiner stated he would like to submit for the record a transcript of a portion fi.om
the SPRAB Meeting, and Section 4.6.18 of the LDR's and the case of Sunad Inc. vs. the City of
Sarasota which is a Supreme Court case. Mr. Weiner stated with this particular situation
compliance and concurrency are not an issue, but stated the only two issues are consistency and
compatibility. Mr. Weiner respectfully requests that the site plan elevation be approved with the
conditions of the staff report but without the requirement of banding. However, if the
Commission would like to consider some kind of wall in order to keep it from being seen fi.om
Federal Highway, then the applicant would consider it.
The City Attorney politely asked that if anyone else fi.om the public would like to
speak for or against the appeal, to please step forward at this time. No one else from the public
came forward to speak for or against the appeal.
Discussion by the Commission and Mr. Weiner followed.
With regard to the word "banding" that Mr. Weiner referred to, Mr. Perlman
inquired whether or not this is another word for stucco base. Mr. Weiner stated there was talk
about banding around the building and emphasized that this leads to more difficult aesthetic
problems because metal heats up at a different temperature than stucco. The stucco then begins to
break up and, before you know it, you end up with ugly-looking aesthetic situations.
Mr. Perez-Azua stated the majority of the Board was against the metal building.
Therefore, even though there was discussion of the wing, the motion was read without mention of
the wings. Mr. Perez-Azua stated most of the Board members were not really interested in
looking at the wings.
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Mrs. Archer stated she understands SPRAB's desire to not approve any more metal
buildings in the City and explained she is in favor of this. However, Mrs. Archer stated she has
difficulty with the fact that we are dealing with an automotive use in an area where automotive
uses are approved and, currently, the City allows metal buildings. Mrs. Archer feels there should
be changes made to the Code to not allow metal buildings. Mrs. Archer stated with a wing wall
and increased landscaping along Dixie Highway to shield it from that side, she would vote to
grant the appeal.
Mr. Levinson stated he feels there are a number of products that can be applied to a
metal building that do not affix permanently to the entire structure but can breathe with the
building. Mr. Levinson stated he feels the issue is not whether or not there are metal buildings in
other locations around it, but the first hurdle is "is this building compatible with the balance of the
buildings on this site?" Mr. Levinson explained that the answer to this is clearly "no". Mr.
Levinson feels that something aesthetically needs to be done to the structure to make it more
compatible with the existing and the proposed modifications to this particular building and site.
Mr. Levinson stated he would uphold SPRAB's denial and the applicant suggested to go back
with some architectural elements that would be applied to this building to make it more
compatible with the existing and the proposed remake of this structure (banding, stucco base).
Mr. Marsh stated there are materials available when tuming a metal building into a
stucco building. As a result, it was applied with the expansion, but then spider cracks appeared
across the entire building. With regard to the skirting that was proposed by staff which was
approximately one-third the height of the building, Mr. Marsh stated this did not make sense
because there is landscaping and automobiles blocking the view of the building, not to mention
more than half the building is an overhead door.
Mr. Levinson asked Mr. Marsh if the building could be CBS and not metal. In
response, Mr. Marsh stated that the building could be made of CBS. Mr. Marsh stated the metal
is used because it is practical, economical, and is compatible with what has been done in the area.
Ms. McCarthy stated she often hears reference to a "temporary building" that has
been on this site for twenty years and asked what this means. In response, Mr. Dorling stated it
means that there are requests that the City entertains for auto dealerships for temporary sales
offices which turn out to be permanent offices. Many times an applicant will get approval as part
of an expansion proposal and the expansion does not occur and the temporary units are never
removed. Mr. Dorling explained that there is some argument because they are temporary
buildings that are permanently anchored down. In most cases, the buildings are approved as
temporary and then not removed.
The City Manager asked Mr. Dorling on this particular site is this building
temporary and is it legally classified by the City as a temporary building? In response, Mr.
Dorling stated as far as the City is concerned, this building is not legally classified as a temporary
building.
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Ms. McCarthy commented that if the applicant comes to the City and would like to
build a metal building and put wings on it, can she be reassured that there is no need for the City
to be suspicious of the applicant and we should not be led to believe that they have done
something improper. Mr. Dorling stated there is no reason to have any suspicion of the applicant
with regard to this building.
Mr. Perlman stated he supports what SPRAB's intentions are but after reviewing
the LDR's to try and support SPRAB, he does not understand what is meant by "honest design
construction" and "is appropriate to surroundings." Overall, Mr. Perlman feels they are being let
down by the LDR's in this case.
Mayor Schmidt concurs with comments expressed by Mr. Perlman. Mayor
Schmidt stated the appropriate thing for SPRAB to do would be to make a recommendation to the
Commission that the City eliminate metal buildings.
Mr. Levinson stated there are a number of things that can be done to a metal
building and commented that he has seen nothing done to the proposed building that indicates
there is any aesthetic composition to accommodate the current structure. Mr. Levinson stated
there are applications of other metal products and other things that are not included in this design
that could be applied to a metal building that would make it more compatible with the existing
structure.
Mrs. Archer moved to grant the appeal subject to the conditions recommended by
staff and the addition of the wing wall and the additional landscaping, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson - No; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed 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:
!0.A. ORDINANCE NO. 52-01 {ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2001-03): Consider adoption of Ordinance No. 52-01 which adopts
Comprehensive Plan Amendment 2001-3 which includes creation of a new Public Schools
Facilities Element, which will include a definition section and related map series, and revision to
the existing Capital Improvement Element to include the School District's adopted Six-Year
Capital Facilities Plan. (Pursuant to Florida Statute 163.3187(1)(j), this amendment is exempt
from the twice a year Comprehensive Plan amendment imposed by Florida Statute).
The City Manager presented Ordinance No. 52-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2001-3 PURSUANT
TO THE PROVISIONS OF THE "LOCAL GOVERNMENT
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COMPREHENSWE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSiVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSWE PLAN AMENDMENT 2001-3" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 52-01 is on file in the City Clerk's office.)
The City Manager read the caption of the ordinance.
Dan Marfino, Principal Planner, stated this amendment represents the third
amendment for the year 2001. Pursuant to Florida Statute 163.187(1)(j), this amendment is
exempt from the twice a year Comprehensive Plan amendment limit imposed by Florida Statute.
This amendment will include creation of a new Public School Facilities Element, which will
include a definition section and related map series, and revisions to the existing Capital
Improvement Element to include the School Districts adopted Six-Year Capital Facilities Plan.
At its meeting of September 24, 2001, the Planning and Zoning Board considered
Amendment 2001-3 and recommended approval of the transmittal of the amendment to the
Florida Department of Community Affairs. As DCA declined to issue an ORC report regarding
Amendment 2001-3, it was not necessary for the amendment to be brought back before the
Planning and Zoning Board. Staff recommends approval of the transmittal of the amendment to
the Florida Department of Community Affairs. Mr. Marfino stated upon determination of
compliance, the effective date of the amendment is 45 days from today.
Mr. Perlman complimented Mr. Marfino for all his hard work with regard to the
Comprehensive Plan Amendment.
Mayor Schmidt declared the public hearing open. There being no one from the
public who wished to address the Commission on this item, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 52-01, seconded by Mrs. Archer
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. 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.
ll.A.
Ci,ty Manager's response to prior public comments and inquiries.
The City Manager had no comments or inquiries to prior public comments and
inquiries.
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11.B. From the Public.
11.B.1. Scott Magazine, 580 N.W. 47th Avenue~ speaking on behalf of the Rainberry
Woods Neighborhood Association expressed concern over a communication problem with the
Community Improvement Department and the Police Department. Mr. Magazine stated there was
a meeting between Lula Butler, Director of Community of Improvement, Ken Thomas,
Community Development Administrator, and residents from Rainberry Woods. Mr. Magazine
stated approximately one year ago residents from Rainbcrry Woods asked multiple questions but
stated no one called back with answers to those questions. Mr. Magazine stated after that there
were more messages left and still he received no reply. Mr. Magazine stated at this point the
same questions were brought before the Mayor and stated Ms. Butler wrote down his office
number and cell phone number but he never heard from her. Mr. Magazine commented that he is
very interested in getting more active and involved in the community. He feels the Community
Improvement Department is supposed to help the residents of areas throughout the City within
reasonable time limits. Mr. Magazine stated residents of Rainberry Woods are very upset over
this issue and although they continually ask the same questions, as of this date they have not
received any response.
ll.B.2. Jean Beer~ 2145 S.W. 26th Terrace~ stated one of the things that have been
discussed at more than one PROD Meeting is concern over the City Codes. Ms. Beer stated
PROD is very concerned that a developer can come to the City and pay "xxx" amount of dollars
and get a change to the Comprehensive Plan or the LDR's because of the project. Ms. Beer feels
if there are going to be changes in the Comprehensive Plan or the LDR's, it should come as a
suggestion from the Planning staff and not developers. Ms. Beer urged the City to have good
codes and abide by them because she feels this will make a better City for everyone.
At this point, Mr. Perlman commented that the CRA has hired an Urban Designer
and one of her first tasks will be to contract with a firm to review the codes, particularly the
design codes. Ms. Beer stated it is not just the design codes that need to be looked at, but also
metal buildings and out parcels need to be addressed. Ms. Beer stated she would like to see it
stopped that anyone can come in a pay $500 and get a code change for their project. Ms. Beer
feels this is what needs to be changed in the Code and stated it should come from the Planning
Department and not from a developer.
At this point, the Commission moved to Item 9.D. of the Regular Agenda.
9.D. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a
special event request and endorse the Art & Jazz on the Avenue scheduled for January 24, 2002
from 6 p.m. to 11 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure
of Atlantic Avenue from Swinton to NE 7th Avenue, the south side of Atlantic Avenue from NE
7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to NE 1st
Street, NE 2nd Avenue from Atlantic Avenue to NE 2nd Street, use of the east end of the Tennis
Center parking lot, and to authorize staff support for security and traffic control, banner hanging
and removal, barricade set-up and removal, clean up, and use/set-up of City stages.
Robert A. Barcinski, Assistant City Manager, stated this is a request for the
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Commission to endorse the next Art & Jazz on the Avenue scheduled for January 24, 2002 from
6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) for the closure
of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E.
7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, N.E.
2nd Avenue from Atlantic Avenue to N.E. 2nd Street, use of the east end of the Tennis Center
parking lot, and to authorize staff support for security and traffic control, banner hanging and
removal, barricade set up and removal, clean up, use and set up of City stages.
The estimated overtime cost for this event is $8,800. The City Commission has
capped the amount the City would pay for overtime at $6,500. Mr. Barcinski stated that Ms.
Marjorie Ferret has requested that the overtime costs be waived or that the cap be increased. Staff
recommends endorsement of the event, staff support as requested, and that the overtime waiver
remain the same with the cap of $6,500.
Ms. McCarthy asked if there is a specific reason why the Commission approves
this event every two or three months instead of just approving this event once for the year. In
response, Ms. Fen'er, Downtown Coordinator, stated there are five Art & Jazz events held per
year and generally the dates of all five are given to the Commission. As a result of the Joint
Venture recap of the last eight years, one of the things was to expand Art & Jazz on the Avenue
geographically to represent the two newly renovated areas. Ms. Ferrer stated this is at the request
of the supporting Boards of the Joint Venture and the merchants.
Mr. Barcinski stated the only change is that staff could probably amend it in the
overtime estimates that tend to change from year to year.
Mr. Levinson commented that he agrees with Ms. McCarthy's comments and
stated this would save Ms. Ferrer from coming before the Commission five times a year.
Mayor Schmidt suggested that this event even be placed on the Consent Agenda.
Mrs. Archer asked when Old School Square finishes its bathrooms, will Art & Jazz
be able to use those bathrooms and perhaps cut down on the cost of port-o-lets. In response, Ms.
Ferrer stated she certainly hopes so, but port-o-lets are not needed in that particular area.
Furthermore, Ms. Ferrer stated port-o-lets will be needed at the tennis center and near Worthing
Park.
WARC.
Mr. Perlman stated he is happy to see Ms. Ferrer moving west and working with
Mr. Perlman moved to approve the special event request for Art & Jazz on the
Avenue with the City Manager's recommendation that the extra overtime costs not be waived and
that the overtime be capped at $6,500, 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.
9.go
CABLE FRANCHISE AGREEMENT RENEWAL PROCESS/
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APPOINTMENT OF OUTSIDE COUNSEL: Consider renewal options and appointment of an
outside counsel, Ila Feld with Leibowitz & Associates, to act as consultant for the cable renewal
franchise process with Adelphia Cable. The current franchise agreement expires July 22, 2004.
Brian Shutt, Assistant City Attorney, stated the City has been contacted by
Adelphia Cable and they would like to start the renewal process and that process is governed by
Federal Laws regarding timeframes, etc. as outlined in his memo. In addition, staff is requesting
appointment of outside counsel to handle certain issues of the franchise renewal agreement to
define someone who is more of an expert in that particular area.
The City Attorney stated the ultimate goal of staff is to do most of this in-house
and to insure the City is getting the best deal.
Mayor Schmidt
Associates has filed a retainer.
there is not a retainer.
asked the City Attorney if Ms. Ila Feld from Leibowitz &
In response, the City Attorney stated it is her understanding that
Mr. Perlman stated he has received numerous calls from people that are being
driven mad by Adelphia's service and asked if the City has other options other than this particular
provider. In response, Mr. Shutt stated this is a non-exclusive franchise agreement so if there is
anyone else out there who would like to provide cable service then this could be brought before
the Commission. Mr. Shutt stated he is not aware of any other provider who has approached the
City. Mr. Perlman asked if the Commission will have the opportunity to review the performance
standards with the outside counsel and the City Attorney's office so that if the provider does not
provide good service, then the City has some recourse. Mr. Shutt stated that this could certainly
be done.
Mrs. Archer commented that she has received a tremendous number of complaints
and in the face of extremely high rising costs and asked if it would be possible to open this up to
bid. She commented that someone asked her today if the City could establish a Cable Review
Commission within the City to handle some of the complaints. Mrs. Archer stated she believes
performance is probably the biggest problem and asked if there is any way that the City can
consult the public regarding the issues that have been coming up on a repetitive basis and whether
or not the City can go out to bid.
The City Attorney stated that the City could go out to bid for a request for proposal
(RFP) if the Commission wishes to do so. The City Attorney stated it is fine to involve anyone
who would like to give the City information with performance standards. The City Attorney
stated that the outside firm may be helpful to the City in setting up community meetings or have
public input.
The City Manager stated people should complain to their Congressmen because
the City use to have much more power to deal with the cable company, but Congress took most of
that away from the City.
Mr. Levinson stated there are clearly some things which can be done in terms of
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getting them to provide more for us in exchange for this license agreement. Currently, Mr.
Levinson stated Adelphia is obligated to provide three channels; one for government, one for
education, and one for community notice. With regard to performance standards, Mr. Levinson
stated what they are doing in Broward, they are dealing with wait times on the telephones, time to
repair, and a variety of credits when there are outages. Mr. Levinson stated Leibowitz &
Associates is a very reputable law firm and encouraged staff to use them to help the City look at
what other communities have been able to do from a business perspective. Mr. Levinson stated
he feels it would not hurt to have some community-wide meetings and perhaps see whether there
are other companies that would be interested.
Ms. McCarthy stated she would like to make sure that when the City looks for
recourse, it is not the citizen who is inconvenienced. She explained when there is a power outage
the cable company does not discount your bill. Ms. McCarthy would like to make sure that this is
addressed contractually for the consumers benefit.
Mrs. Archer moved to approve the Cable Franchise Agreement Renewal Process
and appointment of an outside counsel, 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.
.9.F. PROPOSAL FOR SETTLEMENT/PRATT v. CITY OF DELRAY BEACH~
et al: Consider a proposal for settlement in the case of Eric Pratt vs. the City of Delray Beach for
$79,999.00. Staff recommendation is denial.
The City Attorney stated staff recommends denial of this offer at this time because
staff would like to work with them a little more and review medical records more extensively.
Mr. Perlman moved to deny the proposal for settlement, 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 to deny
passed with a 5 to 0 vote.
9.G. APPOINTMENTS TO THE ELDER READY TASK FORCE: Appoint fifteen
(15) members to the Elder Ready Task Force. According to Resolution No. 65-01, each member
of the City Commission will appoint three (3) members to the Elder Ready Task Force with the
Mayor appointing a Chairperson from the membership. 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). Also under consideration
is Commission Liaison.
Mr. Peflman moved to appoint Officer Skip Brown (Police Department) to the
Elder Ready Task Force, 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.
Mrs. Archer moved to appoint Edith Thompson (Community Neighbors Helping)
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to the Elder Ready Task Force, 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.
Mr. Levinson moved to appoint Ivan Ladizinsky (Marketing) to the Elder Ready
Task Force, seconded by Mr. Perlman. 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.
Ms. McCarthy moved to appoint Arthur Anderson (Doctor) to the Elder Ready
Task Force, 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.
Mayor Schmidt moved to appoint Richard Evans (Chaplain) to the Elder Ready
Task Force, 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.
Mr. Perlman moved to appoint Emmett Gumm (Retire - SCORE) to the Elder
Ready Task Force, 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.
Mrs. Archer moved to appoint Benjamin Knabb (Fire Department Lieutenant) to
the Elder Ready Task Force, 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.
Mr. Levinson moved to appoint James Smith (Retired - Controller) to the Elder
Ready Task Force, seconded by Mr. Perlman. 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.
Ms. McCarthy moved to appoint Phyllis Rosen (Home Care Provider) to the Elder
Ready Task Force, 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.
Mayor Schmidt moved to appoint Jeanette Slavin (Florida Silver Haired
Legislature) to the Elder Ready Task Force, 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.
Mr. Perlman moved to appoint Deena Baggott (Police Department) to the Elder
Ready Task Force, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
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Mr. Peflman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -Yes; Mayor
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Archer moved to appoint Gerald Franciosa (Retired) to the Elder Ready Task
Force, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 4 to 1 vote.
Mr. Levinson moved to appoint Alberta Gaum-Rickard (Parks & Recreation
Department) to the Elder Ready Task Force, seconded by Ms. McCarthy. 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.
Ms. McCarthy moved to appoint Carolyn Zimmerman (Senior Citizen) to the Elder
Ready Task Force, 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.
Mayor Schmidt moved to appoint Bern Ryan (Property Manager) to the Elder
Ready Task Force, 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.
Mayor Schmidt moved to appoint Officer Skip Brown (Police Department) as
Chair to the Elder Ready Task Force, 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.
It was the consensus of the Commission to not appoint a formal liaison, but that
the Commission attend the meetings periodically.
9,H. TRIBUTE TO C. SPENCER POMPEY/PERFECT RESULTS~ INC.:
Consider approving a $15,000 advancement to Perfect Results, Inc. for the production of a Black
History video tribute to C. Spencer Pompey to be repaid to the City by Palm Beach County
Commissioner Addie L. Greene.
This item has been moved to the Regular Agenda as Item 9.A.
At this point, the time being 8:00 p.m., the Commission moved to Item 12, First
Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 61-01: An ordinance amending Land Development
Regulations Section 4.4.13(G)(1)(a) regarding Residential Parking Requirements in the CBD
(Central Business District. If passed, a public hearing will be scheduled for January 8, 2002.
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The City Manager presented Ordinance No. 61-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS DISTRICT", SUBSECTION (G), "SUPPLEMENTAL
DISTRICT REGULATIONS", PARAGRAPH (1), "PARKING"
TO ELIMINATE THE PROVISION ALLOWING CONVERSION
OF RESIDENTIAL SPACE TO NON-RESIDENTIAL SPACE
WITHOUT PROVIDING ADDITIONAL PARKING WITHIN A
PORTION OF THE CBD ZONING DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 61-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated currently the parking requirements for non-
residential development within the original DDA area is one space per each 300 square feet of
building area and the requirements for residential development is lower based on the number of
units. Mr. Dorling stated changes in both residential and non-residential, except restaurants, do
not require additional parking. Therefore, a residential unit or units could be converted to a
commercial use, except restaurants, without providing additional parking even though the parking
demands would be much greater. This provision is counterproductive to the City's efforts to
encourage additional housing downtown.
At its meeting of November 19, 2001, the Planning and Zoning Board voted 5-0 to
recommend approval of the proposed text amendment, based upon positive findings with respect
to LDR Section 2.4.5(M)(5). The proposed amendment was reviewed by the Downtown
Development Authority (DDA), Community Redevelopment Agency (CRA), and the Parking
Management Advisory Board (PMAB) and all of these Boards recommended approval.
Mr. Levinson moved to approve Ordinance No. 61-01 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. 62-01: An ordinance providing for Charter revisions by
repealing Article III, "Legislative", and enacting a new Article III, "Legislative", to the City
Charter by repealing Article VIII, "Municipal Courts", and amending remaining Articles I, II, IV,
V, VI, and VII to clarify, delete obsolete reference, correct grammatical errors, reorganize and to
enhance the Charter's "Readability"; providing for a Referendum. If passed, a public hearing will
be scheduled for January 8, 2002.
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12/11/01
The City Manager presented Ordinance No. 62-01'
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR
CHARTER REVISIONS BY REPEALING ARTICLE III,
"LEGISLATIVE", AND ENACTING A NEW ARTICLE III,
"LEGISLATIVE", TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH BY REPEALING ARTICLE VIII,
"MUNICIPAL COURTS", AND AMENDING REMAINING
ARTICLES I, II, IV, V, VI, AND VII TO CLARIFY, DELETE
OBSOLETE REFERENCES, CORRECT GRAMMATICAL
ERRORS, REORGANIZE AND TO ENHANCE THE
CHARTER'S "READABILITY"; PROVIDING FOR A
REFERENDUM; PROVIDING FOR A REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 62-01 is on file in the City Clerk's office.)
The City Manager read the caption of the ordinance.
Mr. Perlman moved to approve Ordinance No. 62-01 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.
1_. RESOLUTION NO. 71-01: A resolution calling for a special election on
Charter change to be held on March 12, 2002, to provide for a Referendum on the Charter change
presented in Ordinance No. 62-01.
The City Manager presented Resolution No. 71-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL
ELECTION ON A CHARTER CHANGE TO BE HELD ON
MARCH 12, 2002, TO PROVIDE FOR REFERENDUM ON THE
CHARTER CHANGE PRESENTED IN ORDINANCE NO 62-01;
PROVIDING FOR THE TIME, MANNER AND MEANS OF
HOLDING SAID ELECTION, PROVIDING A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 71-01 is on file in the City Clerk's office.)
Mr. Perlman moved to approve Resolution No. 71-01, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes;
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12/11/01
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
12.C. ORDINANCE NO. 63-01: An ordinance providing for Charter revisions by
amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form of
Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor;
Succession to the Office of Mayor", providing for the length of the Mayor's term if elected at a
Special election; by repealing Section 3.06(d), "Vacancies; Forfeiture of Office; Filling of
Vacancies", and enacting a new Section 3.06(d), "Filling a Vacancy in the Office of Mayor" and
subsection 3.06(d)(1)(2)(3)(4) and (5); to provide for filling a vacancy in the Office of Mayor; by
amending Ordinance No. 62-01 by repealing Sections 3.08(b)(1)(2) and (3) of Ordinance No. 62-
01 and enacting a new Section 3.08, "Filling of Vacancy in the Office of Mayor" and Subsections
3.08(b)(1)(2) and (3), to provide for the filling of vacancy in the Office of Mayor, providing for
the length of the Mayor's term if elected at a Special election, providing for the Vice-Mayor to
serve as Mayor until the next election if 60 or more days remain until the next election of if less
than 60 days remain requiring a Special election to fill the vacancy in the Office of Mayor,
providing for the qualification of candidates for a Special election to fill a vacancy in the Office
of Mayor, the date of assumption of Office of the Mayor elected at the Special election, providing
that the term of the Commissioner filling a vacancy created by the Vice-Mayor succeeding as
Mayor shall be only until the next election instead of the Mayor's term of office, unless a vacancy
is created less than 60 days before the election then the seat shall remain vacant until after a
Mayor is elected at the Special election; providing for the filling of vacancies in the Office of
Vice-Mayor and Deputy Vice-Mayor; providing for a referendum on March 12, 2002. If passed,
a public hearing will be scheduled for January 8, 2002.
The City Manager presented Ordinance No. 63-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR
CHARTER REVISIONS BY AMENDING THE CHARTER OF
THE CITY OF DELRAY BEACH, ARTICLE III,
"LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY
MANAGER FORM OF GOVERNMENT; TERM OF OFFICE;
NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-
MAYOR; SUCCESSION TO THE OFFICE OF MAYOR",
PROVIDING FOR THE LENGTH OF THE MAYOR'S TERM IF
ELECTED AT A SPECIAL ELECTION; BY REPEALING
SECTION 3.06(d), "VACANCIES; FOERFEITURE OF OFFICE;
FILING OF VACANCIES", AND ENACTING A NEW
SECTION 3.06(d), "FILLING A VACANCY IN THE OFFICE
OF MAYOR" AND SUBSECTIONS 3.06(d)(1)(2)(3)(4) AND
(5); TO PROVDE FOR FILLING A VACANCY IN THE
OFFICE OF MAYOR; BY AMENDING ORDINANCE NO. 62-
01 BY REPEALING SECTIONS 3.08(b)(1)(2) AND (3) OF
ORDINANCE NO. 62-01 AND ENACTING A NEW SECTION
3.08, FILLING OF A VACANCY IN THE OFFICE OF MAYOR"
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12/11/01
AND SUBSECTIONS 3.080)(1)(2) AND (3), TO PROVDE
FOR THE FILLING OF VACANCY IN THE OFFICE OF
MAYOR, PROVIDING FOR THE LENGTH OF THE MAYOR'S
TERM IF ELECTED AT A SPECIAL ELECTION, PROVIDING
FOR THE VICE-MAYOR TO SERVE AS MAYOR UNTIL THE
NEXT ELECTION IF 60 OR MORE DAYS REMAIN UNTIL
THE NEXT ELECTION OR IF LESS THAN 60 DAYS REMAIN
REQUIRING A SPECIAL ELECTION TO FILL THE
VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR
THE QUALIFICATION OF CANDIDATES FOR A SPECIAL
ELECTION TO FILL A VACANCY IN THE OFFICE OF
MAYOR, THE DATE OF ASSUMPTION OF OFFICE OF THE
MAYOR ELECTED AT THE SPECIAL ELECTION,
PROVIDING THAT THE TERM OF THE COMMISSIONER
FILLING A VACANCY CREATED BY THE VICE-MAYOR
SUCCEEDING AS MAYOR SHALL BE ONLY UNTIL THE
NEXT ELECTION INSTEAD OF FOR THE MAYOR'S TERM
OF OFFICE, UNLESS A VACANCY IS CREATED LESS
THAN 60 DAYS BEFORE THE ELECTION THEN THE SEAT
SHALL REMAIN VACANT UNTIL AFTER A MAYOR IS
ELECTED AT THE SPECIAL ELECTION; PROVIDING FOR
THE FILLING OF VACANCIES IN THE OFFICE OF VICE-
MAYOR AND DEPUTY VICE-MAYOR; PROVIDING FOR A
REFERENDUM ON MARCH 12, 2002; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 63-01 is on file in the City Clerk's office.)
The City Manager read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 63-01 on FIRST Reading, 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.
1. RESOLUTION NO. 72-01: A resolution calling for a special election on
Charter change to be held on March 12, 2002, to provide for a referendum on the Charter change
presented in Ordinance No. 63-01.
The City Manager presented Resolution No. 72-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL
ELECTION ON A CHARTER CHANGE TO BE HELD ON
MARCH 12, 2002, TO PROVIDE FOR A REFERENDUM ON
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12/11/01
THE CHARTER CHANGE PRESENTED IN ORDINANCE NO.
63-01 PROVIDING FOR THE TIME, MANNER AND MEANS
OF HOLDING SAID ELECTION, A SAVING CLAUSE AND
AN EFFECTIVE DATE.
(The official copy of Resolution No. 72-01 is on file in the City Clerk's office.)
Mrs. Archer moved to approve Resolution No. 72-01, 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.
12.1). ORDINANCE NO. 64-01: An ordinance providing for Charter revisions by
amending Article III, "Legislative", Section 3.0.1, "Commission City Manager Form of
Government; Term of Office; Number; Office of the Vice-Mayor and Deputy Vice-Mayor;
Succession to the Office of the Mayor; Term Limits", by repealing Section 3.01(c) and enacting
new Section 301(c) and by amending Ordinance No. 62-01, Section 3.09, "Term Limits", by
amending Subsection (a), to provide that effective 2003 and thereafter a Commissioner and/or
Mayor who reaches term limits during an elected term shall be nevertheless permitted to serve out
that elected term; providing for a Referendum on March 12, 2002. If passed, a public heating will
be scheduled for January 8, 2002.
The City Manager presented Ordinance No. 64-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA; PROVIDING FOR
CHARTER REVISIONS BY AMENDING THE CHARTER OF
THE CITY OF DELRAY BEACH, ARTICLE III,
"LEGISLATIVE", SECTION 3.01, "COMMISSION CITY
MANAGER FORM OF GOVERNMENT; TERM OF OFFICE;
NUMBER; OFFICE OF THE VICE-MAYOR AND DEPUTY
VICE-MAYOR; SUCCESSION TO THE OFFICE OF THE
MAYOR; TERM LIMITS", BY REPEALING SECTION 3.01(c)
AND ENACTING A NEW SECTION 3.01(c) AND BY
AMENDING ORDINANCE NO. 62-01, SECTION 3.09, "TERM
LIMITS", BY AMENDING SUBSECTION (a), TO PROVIDE
THAT EFFECTIVE 2003 AND THEREAFTER A
COMMISSIONER AND/OR THE MAYOR WHO REACHES
TERM LIMITS DURING AN ELECTED TERM SHALL BE
NEVERTHELESS PERMITTED TO SERVE OUT THAT
ELECTED TERM; PROVIDING FOR A REFERENDUM ON
MARCH 12, 2002, PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 64-01 is on file in the City Clerk's office.)
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12/11/01
The City Manager read the caption of the ordinance.
Mr. Levinson moved to approve Ordinance No. 64-01 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said
motion passed with a 5 to 0 vote.
1. RESOLUTION NO. 73-01: A resolution calling for a special election on
Charter change to be held on March 12, 2002, to provide for a referendum on the Charter change
presented in Ordinance No. 64-01.
The City Manager presented Resolution No. 73-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL
ELECTION ON A CHARTER CHANGE TO BE HELD ON
MARCH 12, 2002, TO PROVIDE FOR A REFERENDUM ON
THE CHARTER CHANGE PRESENTED IN ORDINANCE NO.
64-01; PROVIDING FOR THE TIME, MANNER AND MEANS
OF HOLDING SAID ELECTION, PROVIDING A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 73-01 is on file in the City Clerk's office.)
Mr. Perlman moved to approve Resolution No. 73-01 on FIRST Reading,
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.
12.E. ORDINANCE NO. 65-01: An ordinance amending Chapter 34 of the Code of
Ordinance, "Elections" heading "General Provisions" by amending Section 34.02, "City
Commission to Provide for Elections: Appointment of Inspectors and Clerks"; amending heading
"Qualifications for Candidacy", by amending Section 34.15, "Qualifying as Candidate"; Section
34.16, "Filing of Nominating Petition", and Section 34.17, "Procedure After Filing", to provide
for qualifying for Mayor in the event a Special election is held to fill a vacancy in the Office of
Mayor, to reorganize and correct grammatical errors. If passed, a public hearing will be
scheduled for January 8, 2002.
The City Manager presented Ordinance No. 65-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34,
"ELECTIONS", HEADING, "GENERAL PROVISIONS" BY
AMENDING SECTION 34.02, "CITY COMMISSION TO
PROVIDE FOR ELECTIONS: APPOINTMENT OF
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12/11/01
INSPECTORS AND CLERKS"; AMENDING HEADING
"QUALIFICATIONS FOR CANDIDACY", BY AMENDING
SECTION 34.15, "QUALIFYING AS CANDIDATE"; SECTION
34.16, "FILING OF NOMINATING PETITION", AND
SECTION 34.17, "PROCEDURE AFTER FILING", TO
PROVIDE FOR QUALIFYING FOR MAYOR IN THE EVENT
A SPECIAL ELECTION IS HELD TO FILL A VACANCY IN
THE OFFICE OF MAYOR, TO REORGANIZE AND CORRECT
GRAMMATICAL ERRORS; PROVIDING A SAVING
CLAUSE, GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
The official copy of Ordinance No. 65-01 is on file in the City Clerk's office.)
Mr. John Bennett read the caption of the ordinance into the record.
Mr. Levinson moved to approve Ordinance No. 65-01 on FIRST Reading,
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.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager commented that the City Clerk has sent the Commission a
memo about the cost of the election. The City Manager stated he asked the Supervisor of
Elections at Rotary why she chose this system and she stated because all of it cost more up front
than over the life of the machine. It would cost less since she did not have to print ballots. The
City Manager stated the election costs for the City are increasing 50-60% and suggested that the
City may want to look into getting its own machines and run its own elections in an effort to save
money.
,13.B. Ci.ty Attorney.
The City Attorney thanked John Bennett and Commissioner Levinson for their
time and help with the Charter Revision ordinances.
13.C.
13.C.1.
Ci,ty Commission.
Commissioner McCarthy
Ms. McCarthy stated there was wonderful feedback from City employees today at
the Employee Holiday Appreciation Reception. Ms. McCarthy stated it was nice to see many of
the employees in attendance. Also, Ms. McCarthy stated she is glad to see that the reception was
initiated by Commissioner Perlman and hopes that it will be ongoing.
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12/11/01
Secondly, Ms. McCarthy stated the Commission needs to communicate about the
American Cancer Society fundraiser (Relay for Life) and if the City is going to ask the CRA to
participate with the Commission as a joint effort or develop a team amongst themselves. Ms.
McCarthy stated the deadline is coming into place and will be held at Atlantic High School in
Apdl.
13.C.2.
Commissioner Levinson
Mr. Levinson stated the Commission received a notice regarding the Govemor's
Mentoring and Initiative Partnership Program which he supports wholeheartedly. Mr. Levinson
stated there was a program similar to this about 20 years ago where people were allowed to take
off and help mentor students. Mr. Levinson stated he feels this is a great program and fully
supports this for the City.
Secondly, Mr. Levinson wished everyone a "Happy Holiday".
Mr. Levinson congratulated all the people who have been working so hard in the
last couple of weeks with regard to many of the special events held in the month of December.
He commented that there have been numerous events that have been huge successes for Delray
(i.e. Parade, Jazz on the Avenue, Kids Day at the Tree, etc.). Mr. Levinson stated he continues to
hear people from all over South Florida who say to him "we drove up to Delray for this event or
that event". Mr. Levinson stated coincidentally the City of Boynton Beach had their holiday
parade on the same evening as Delray Beach had its holiday parade. Mr. Levinson stated that the
Boynton parade had approximately 3,000 people in attendance for their parade. Mr. Levinson
stated his guess is that Delray Beach had approximately 20,000-25,000 people in attendance for
the Delray parade. Mr. Levinson reiterated and thanked all the volunteers and City staff for a
spectacular month.
13.C.3.
Commissioner Archer
Mrs. Archer thanked Commissioner Perlman for his wonderful idea and feels the
City should consider doing the Employee Holiday Appreciation Reception every year. Mrs.
Archer stated Mrs. Levinson should be nominated as the permanent "cookie person".
Secondly, Mrs. Archer commented on the coloring and essay writing contest and
feels this was wonderful. Mrs. Archer encouraged the City to do more of these types of contests
and stated seeing the kids participate in something that is educational is wonderful.
Also, Mrs. Archer thanked the City Attorney, Commissioner Levinson and John
Bennett for all their work regarding the Charter Review issues.
Lastly, Mrs. Archer wished everyone a "Happy Holiday" and stated she will see
everyone next year.
13.C.4.
Commissioner Perlman
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12/11/01
Mr. Perlman thanked the City Manager and the Assistant City Manager for helping
to facilitate getting the word out about the Employee Appreciation Reception. Mr. Perlman stated
it was the least the Commission could do for the staff which makes the Commission look good
and keeps the City running.
Secondly, Mr. Perlman stated this is also a time of the year where one can reflect
on what you have done and where you would like to go. Mr. Perlman stated the three things that
he is most proud of this year in Delray were winning the All America City for a second time and
becoming the first city in Florida to do that twice, the Sudan/Delray Shores Plan, and the
Downtown Plan was a very gratifying experience. Looking into the future, Mr. Perlman stated he
has had conversations with Ms. Butler on what staff can do to take the homeowner association to
the next level, about the City picking up the ball on race relations and economic development for
2002. He is looking forward to these things in 2002 and thanked everyone for being here and
doing hard work year round.
Lastly, Mr. Perlman stated he is looking forward to the New Year and wished
everyone a "Happy Holiday".
13.C.5.
Mayor Schmidt
With regard to the mentoring issue, Mayor Schmidt stated he understands that the
Education Board has been looking at it and they have some members who are very interested in it.
Mayor Schmidt stated he believes the Education Board will be coming to the Commission at
some point with a proposal on the mentoring issue.
Mayor Schmidt thanked Commissioner Levinson for pinch hitting for him at the
School Board Meeting yesterday.
Mayor Schmidt stated while the Commission was attending the Employee Holiday
Appreciation Reception he spent the afternoon in front of the Legislative Delegation talking about
the Boca Raton Airport Authority. Mayor Schmidt stated he was pleasantly surprised that the
Legislative Delegation voted 8-2 to approve the local bill to be filed. Mayor Schmidt publicly
commended Kathy Daley, City Lobbyist, because although he did not have a problem lining up a
representative to sponsor it, he did run into a brick wall with a Senator. Ms. Daley was able to get
Senator Dawson to sponsor the bill.
Lastly, Mayor Schmidt announced that he is going to file again and run for re-
election in March 2002.
There being no further business, Mayor Schmidt declared the meeting adjourned at
8:25 p.m.
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12/11/01
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 11,
2001, 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.
-28-
12/11/01
DECEMBER 21, 2001
A Special Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the City Manager's Conference Room at City
Hall at 7:33 a.m., Friday, December 21, 2001.
Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
Commissioner Alberta McCarthy
Also present were -
City Manager David T. Harden
City Attorney Susan A. Ruby
City Clerk Barbara Garito
Mayor Schmidt called the meeting to order and announced that it had been called
for the purpose of considering the following items:
(1) CONTRACT AWARD TO REP ASSOCIATES~ INC.: Contract award to
REP Associates, Inc. in the amount of $17,228.88 for Phase I Environmental Site Assessment of
11 parcels located at the Barwick Road site using the same contract pricing as with Palm Beach
County School District. Funding is available from 334-3162-541-62.10 (Capital Outlay/Land).
Randal Krejcarek, City Engineer, stated the site assessment will begin the first
week of January and anticipates that Phase I site assessments will be completed at the end of
January 2002. Mr. Krejcarek stated staff will not know until mid January whether or not there
will be a need for a Phase II.
Mr. Peflman moved to approve the contract award to REP Associates, Inc. in the
amount of $17,228.88, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes.
Said motion passed with a 4 to 0 vote.
(2) CONSIDER A CONSULTING CONTRACT WITH RON SACH
COMMUNTIONS: Consider a consulting contract for services with Ron Sach
Communications to assist in our public and media efforts in exploring their option of acquiring
Breezy Ridge for the relocation of Atlantic High School.
Lula Butler, Director of Community Improvement, stated staff has received two
formal proposals for Community Outreach and Consensus Building Services to assist with public
and media efforts to rebuild Atlantic Community High School on an alternative site. Ms. Butler
reported that both firms are very qualified, having a broad range of experience working with
12/21/01
municipalities, non-profit organizations and private corporations. Ms. Butler recommends
entering into an agreement for services with Ron Sachs Communications.
The City Manager stated that the City wishes they could accommodate the needs
of everyone. He stated staff would like to meet the needs of each family. However, the City
Manager stated for staff to accommodate 38 families would be overwhelming.
Mr. Perlman stated he is impressed with Mr. Sachs and feels he is less staff
intensive. Mr. Peflman commented that the new school will be state-of-the-art and alumni from
Atlantic High School and the Chamber of Commerce are in favor of what the City supports.
Mrs. Archer commented about Mr. Sachs and his personality and feels he
understands the needs of the community. Mrs. Archer stated Ron Sachs has a local concern for
the community and his staff will work well with the individual families.
Mr. Levinson expressed concern about removing some items from the proposal,
however, the City Manager felt the items removed would not hurt the contract or efforts in
possibly acquiring Breezy Ridge.
as possible.
Mayor Schmidt urged City staff to get information out to the homeowners as soon
Mr. Perlman moved to approve a consulting contract for services with Ron Sach
Communications to assist in our public and media efforts in exploring their option of acquiring
Breezy Ridge for the relocation of Atlantic High School, seconded by Mrs. Archer. Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt -
Yes; Mr. Peflman - Yes. Said motion passed with a 4 to 0 vote.
Mayor Schmidt wished everyone a safe and Happy Holiday season.
Mrs. Archer, Mr. Levinson, and Mr. Peflman echoed Happy Holiday comments
expressed by Mayor Schmidt.
For the record, Mayor Schmidt stated that Gerry Francisosa requested an
explanation for the absence of Commissioner McCarthy. Mayor Schmidt stated that Ms.
McCarthy had a conflict with this meeting being held in the morning and another member of the
Commission had a conflict with the meeting being held in the afternoon. Therefore, Mayor
Schmidt stated that either way there still would have been one person absent.
There being no further business, Mayor Schmidt declared the special meeting
adjourned at 7:55 a.m.
City Clerk
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12/21/01
ATFEST:
MAYOR
The undersigned is the City Clerk of the City of Delmy Beach, Florida, and the
information provided herein is the Minutes of the Special Meeting of the City Commission held
on December 21, 2001, 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 amendments, additions or
deletions to the Minutes as set forth above.
-3-
WHEREAS, Martin Luther King, Jr. was born on January 15, 1929, in Atlanta,
Georgia, and dedicated his life to all Americans being able to enjoy the freedom
guaranteed every citizen under the United States Constitution; and
WHEREAS, January 21, 2002, will be observed as Martin Luther ICJ'nb Jr. Day in
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
WHEREAS, Dr.' King was instrumental in the advancement of equality for all
Americans; and
WHEREAS, January 21" 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' Commtssion do hereby proclaim January
21, 2002 as
MARTIN LUTHER KING, JR. DAY
in the City of Delray Beach, and urge all dtizens 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 caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 8~ day of January,
2002.
DAVID W. SCHMIDT
MAYOR
RESOLUTION 7-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING R. HOWARD WIGHT FOR TEN YEARS OF
DEDICATED SERVICE TO THE CITY OF DELRAY BEACH.
WHEREAS, Howard W~ght was hired by the City of Delray Beach on February 18,
1991; and
WHEREAS, during the past ten years, Howard has been a dedicated and loyal
employee, gifted w~th wisdom, serving as a mentor to his peers, a counselor to his managers, an
encourager and a leader, always exhibiting a positive "can do" attitude; and
WHEREAS, the City of Dekay Beach and the Enmronmental Services Department
are honored to have had Howard Wight as an employee. The City is especially grateful for his
tireless work effort and contributions to the success of the City's Capital Infrastructure Programs,
and recognizes the fact that he is known throughout the engineering and construction community
for his thorough working knowledge on a variety of subjects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Comrmss~on of the City of Delray Beach hereby recognizes
and commends Howard Wight for ten years of dedicated and faithful pubhc service.
Section 2. That the City Comrmssion hereby congratulates and expresses sincere
thanks and appreciation to Howard Wight for his many years of service, and further wishes him the
best of health and happiness as he continues Ms career.
PASSED AND ADOPTED in regular session on this the 8e~ day of January 2002.
AT-rEST:
MAYOR
CITY CLERK
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO: David T. Harden, City Manager
FROM: Barron E. Caronite, PE, Assistant City Engineer"""~'~~~ RECEIVED
DATE: December 19, 2001 DEC 2 1 7001
SUBJECT: Hold Harmless Agreement for FDOT Utility Permit CITY MANAGER
for Delray Lincoln Mercury
Please find attached a hold harmless agreement for utility work performed within the
state right-of-way. The attached agreement holds the City harmless for the utility work
performed under the Florida Department of Transportation permit. The agreement is
between Southeast Investments of Palm Beach County, Inc. the owner of Delray Lincoln
Memury, and the City for utility work performed within the state right-of-way.
Delray Lincoln Mercury must relocate a sewer main to accommodate a proposed building
addition. The proposed sewer main connects to an existing main within the Federal
Highway right-of-way. The City is required to be the applicant on the Florida Department
of Transportation utility permit application. I have also attached a location map and copy
of the FDOT permit application. If the attached agreement is acceptable, please place
it on the January 8, 2002 meeting for commission approval.
cc:
Randal Krejcarek, PE, City Engineer
Brian Shutt, Assistant C~ty Attorney
s'~engadmin~projects~tec~delray Imcoln mercury~hold harmless ag memo doc
THIS
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE STATE RIGHT-OF-WAY
HOLD HARMLESS AGREEMENT, is entered into this
, 2001 by and between the CITY OF DELRAY BEACH,
(hereinafter referred to as "CITY") and Southea~qt Inve.qtment~q of Palm Beach County, Inc.
referred to as "DEVELOPER' ).
day of
FLORIDA,
, (hereinafter
WITNESSETH:
WHEREAS, DEVELOPER wishes to install/construct utilities in the right-of-way of_
the State of Florida; and
WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER
to allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold harmless the State for the
work performed by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and
defend the CITY and the State for the work performed in the State right-of-way by the
DEVELOPER, its contractor or agent.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00),
receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the
CITY and the State, their agents, officers, employees and servants from any and all claims,
suits, causes of action or any claim whatsoever made, and damages, including, but not limited
to reasonable attorney's fees and costs at the trial and appellate levels, which may result from
any activity conducted by DEVELOPER, its contractors or agents in relation to the work
performed in the State right-of-way and as more particularly shown on the engineering plans
submitted for the development known as Delray Lincoln Mercury.
3. DEVELOPER warrants and guarantees to the CITY that all work on the utility
improvement shall be constructed in accordance with the applicable codes of the City of
Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall
remain in effect for one year from the date of fmaI acceptance. Unremedied defects identified
for correction during the warranty/guarantee period but remaining after its expiration shall be
considered as part of the obligations of the guarantee and warranty. Defects in the installation
or construction of the utility improvement, which are remedied as a result of obligations of the
warranty/guarantee shall subject the remedied portion of the work to an extended
warranty/guarantee period of one year after the defect has been remedied. DEVELOPER
shall deliver this agreement to its Surety. The Surety shall be bound with and for the
DEVELOPER in the DEVELOPER'S faithful observance of the guarantee.
4. DEVELOPER, shall supervise and direct the installation and construction of
the utility improvement, applying such skills and expertise as may be necessary to perform the
work in accordance with the approved engineering plans. DEVELOPER shall be solely
responsible for the means, methods, techniques, sequences and procedures of the construction
and installation of the utility improvement.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
2
6. This Agreement constitutes the entire agreement and understanding of the
parties, as it pertains to the construction or installation of the utility. There are no
representations or understandings of any kind not set forth herein. Any amendments to this
Agreement must be in writing and executed by both parties.
7. DEVELOPER or its contractor shall maintain worker's compensation insurance
in an amoum required by law and general liability insurance in the amount of one million
dollars ($1,000,000.00) governing bodily injury and property damage in standard form,
insuring CITY and the State as additional named insureds. DEVELOPER or its contractor
shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to
the CITY, prior to commencing installation or construction.
8. DEVELOPER shall be bound by all the terms and conditions found in the
Utility Permit Agreement between the CITY and the State for this project and attached hereto
as Exhibit "A".
Clerk.
9. This agreement shall not be valid unless signed by the City's Mayor and City
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
3
WITNESSES
(prim o~: Type'Name)
DEVELOPER:
Southeast Investments of
By:
Tim~dent
(Print or'Type Name)
Address: 2102 S. Federal Hwy,
Delray Beach. FL
33444
Phone: (561) 276-2411
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrugagm was ,acknowledged before me this ~ day' of
~ L ,2!)0/by _/{,.-/TX/ ~ ~/bg/~'~ (name of officer or a ent, title of
officer or agent) of [)f/~ ,ff_~)/ ,l./,t,]fffP/_A) /~/f_~ff.'l,/,~ / JAOd_ (name of corporation
acknowledging), a /C"~/tv,~']/~ ~- (stat.~e or.pla~c.e of incr~rporation) corporation, on behalf
of the corporation.' He/She is _~.p.~, known to me or has produced
(type of identification) as ideflX~f~atj~n and did (did not) take
a-~ oath'--~. '~. a .... ._ (~d~/./ /] "
~ Signature-of Notar'~ ~:~ublic-
II ,,x~n~..,,, [o~n[ J. ~ntso~ i, State of Florida
IIW,~!d txm~s:~rz,~os
PF. RMIT NO.:
FOOT ¢;enatnJ¢llon la prOlX~sad c~ undann~ay.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
$ECTION NO.:
UTILITY PERMIT
ia thie vaXlt rolaled to an approved Uttlll~ Relocation Schedule? ~) Yea
ROAD. SR 5 (U. S. 1)
cou~7~:,~aim Beach
Financial Project ID:
0 No Ii yea, D~umant Number:
PERMITTEE: Southeast Investments of Palm Beach County, T_ne, '
ADDR£$8: 2102 South Federal Hwy. . ..... TELEFHONENUMSER: (561)276-24l)
Delray Beach. FL
The a~e PERMITT[E requefla permls~n f~om the
~a~ the fdlo~:
To effect a ,sewerline relocation ~hi~ p~t~ee,~ property~
install a sewer mnnhnle
proposed sewer mDnhole and cut and ~rmu~ mw~C ~w~r ~r~Ce_ ,.
FROM:~ Tb . _
Sub~ffed for ~e PERMITTEE by:~ Youn~
Name ~ne Ta~ (Typed or P~t~ Legi~y)
1 Th~ PERMI%TEE ~ectares B~at pri~ to Ii,ag
, ~ Inlets
a~urately shown on the plan~ and a taker or noltficatlon was m,itad on to the r~ng ~el ~ Io bt InvoN~ m ~enl~l~ i~lct~
In the area of Ihe propos~ In,toMtit:
2. The local Malntcnenca or Reaklent Engineer. hereafter retorted to aa Ibc FDOT Engineel. Shall be soUl, ed Io~ly. elghl (48) hours prior lo sl.~i~ w~ a~ egpi
~medlately u~n ~mplellon of work, ~ho FOOT. E~glneet is ~ , ~ated It
, Telephone Numar . The PERMITTEE'i am~oy~ reachable
Tmffm I~ . .. Teleph~e Num~t_ (Tfll~ na~ may ~ ~o~d~
hour notice pr~r lo sta~ing
~. A~ ~tk, malerlal~, and eq~pme~[ sha~ be subJe~ la Ins~ction and appr~l by [he FOOT Eng~eer.
and ~hall bo made, pe~ of this pefmR. This pro,sion sha~ not I~lt the authority at Iht FOOT under Paragrn~ S of this Permit.
S. ~hl$ PERMI~EE aha, ~ence actual conslruc~on In go~ [at~ ~{hln ~ days seer Issuance of ~rm~, and shall ~ completed ~hln __ d~
aRer the ~rml~ed work ha$ ~gun. l( ~e beginning data I$ moro than ~ days from tho date oF pe~K approval, the PERMI~EE ~UG( re~ew [~e permit ~th
FDOT Engineer to make sure ~ changes have occur~ to the Tranapo~aU~ FacilRy thai ~uld s,ect I1~ ~rm~
6. ~, e~tmctton and maintenance o( such ulit,ly shaU nol Inteflero ~lh ~e p~o~ and rlghls of a prior PERMI~EE.
7 R Is Ixwefl~ stipulated that this ~rmR la a hcense far po~mtssWe use oNy and (hat the plicl~ O[ u0lltms u~n public pto~ pur~uan[ to I. his permit shall no
8. PursUant to 8ec(l~ ~7.~(~), FIo~da Statues, any u~ifily plac~ u~n. under, over. or alo*g any public toad Ot publicly ~n~ rail ~orrldor ~al is found by F [
to be unreflonab~ Intedering In any ~y ~th lhe ~nveNent. sa~e. or continuous use. ar maintenance. ~ptovement. e~an~l~, or expansion.
~ ~bfl~y ~ed rail ~rrld~ lha~, u~ 30 da~' ~l~en nobc8 te lhe ~[l~ty or lis agent by FOOT, ~ removcd ~ red.led by such utll~ II ~e ~ expense
~ Ii pr~ I~ piragraph~ (1) end (b), a~d axe,pi for relmbur~mont rlghii set fo~h In p~evlously executed lu~rdlnatien and Rallr~d Utlh~ Ag~eomer
e~ Ihall app~ Io iii suc~asom and ill, ns for the pertained rioll~y.
9. II la agre~ lhat ~ the eYent ~e ~el~i~ al aa~ ulJ~Ues are s~aduled to be done ~ane~sly ~lh I~e FDOT~ ~MI~ wo~, the PERMITTEE will
FDOT'a c~ltactor, defend any legal clairol el the FDOT's ~lrnctor dun [o dela~ caused ~ the PERMITTEE's laaum ta ~omply ~lh the
aM ~.~ comp~ ~th nil pr~.lo~i o~ (he taw and [hu FDOT'n c~ent U/fll~ Accosts[ion Manual. The PERMI~EE tha~l not ~ rasp~s~
10. Iff tho case of non-com~lance ~lh the FDOT'a f~ukementa In arrest H of the dale this ~rmlt Ii approved, t~t ~a la ~ I~ lee fl~ ~11 have lo be
~o~h( Isle compliance or rem~ed fr~ the right or~y at no c~t la tho FOOT, except Ior retm~em~l Hg~s sec fo~h In prevlo~ ~ed eu~dlnali
· nd Reiboad Util~ Agr~me~. TNe ~len shaR net Iisi l~ a~r~ ~ I~ FOOT under Parag~ 6 of ~s Permit.
t 1. II Is undemt~ and agreed I~t ~e ~hts ~d ptMleges he~n eat ~[ ara gra~ted only ~ the e~ent al t~ State'l ~ht. flue a~ ~ter~t ~ the ~na to ~ ant,
u~ ~d ua~ by Ihe PERMI~EE. end the PERMITTEE w~t, e[ aK I~el. and~e the ~ent permlE~ by law, Islume a~ dsk of and I~emn~, domed, and:
lEasHed exerClee8 ~ Ill~ P ERMITTEE of t~ I(~e~ld rights and ~Ml~e~.
~e~et ~a[ may ~ necessa~ In ~der ~ safely c~t ~, ~bllc ~mugh the ~oJ~t ~e, ~ a~o~da~ ~ I~ F~eraI ~i~al ~ U~fotm Trll(~ C~l~,
O~ea, al ImenO~ f~ h~, the requlr~e~h, of the S~ndard Appll~bon Package for raR~, ~l~g flagging ~; and Riat~d
~ ~e a~ re(emnces, the Ut~I~ must ~ubm~ an aflerna~a ~an elg~ed and sealed by a ~uali~ed r~{er~ F~da ~ofe;t~nil eng~ quaGfie~ Io ~vel
Tmlfic C~I~ Planning ~ e~a~e ~ ~e p~nl~t at tee Uta~ A~omm~atlon Manual, Chapter 8.
~U~lng ~erahlp of itt ~t~let I~at~ be~en and w
.FDOT. The FDOT shell coordinate with the appropriate agencies and nobly the PERMITTEE of any suspension or revocation of the permit until contamination
· ~ asses~sment and remedlation, as appropriate under Rule Chapters 62-770 and 62-730 Florida Administrative Code, has progressed to a state that all enwronmental
~regula~ory egencies hav~no jurisdiction have approved the site of the contamination for resumption of work.
15? ~'Dunng excavation operations an on-site representative of the PERMIT'FEE may be required to perform the following activities with respect to their own t'ac~libes:
physically expose or direct exposure of underground fac=l~bes, provide any necessary support to facilities and/or cover aerial facllitmes as deemed necessary to amd
construcbon
16. Pursuant to Secbon 337.401 (2), Flodda Statutes, the permmt shall requmre the permit holder to be responsible for damage resulting from the Issuance of the permit.
The Department may initiate injunctive proceedings as provided m s.120.69 to enforce prowsions of thins subsection or any rule or order issued or entered
pursuant thereto
17. Pursuant to Section 337.402, Florida Statutes, when any public road or publicly owned rail corridor ~s damaged or impaired in any way because ol' the inetallatmn,
inspecbon, or repmr om' a ufilib/located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense, restore the road or
publicly owned rml corridor to its ongmal condmbon before such damage. If the owner fa~ls to make such restoration, the authority is authorized to do so and charge
the cost thereof against the owner under the provmsions om' s.337.404.
18. Special FDOT instructions:
19.
It is understood and agreed that commencement by the PERMITTEE Is acknowledgment and acceptance of the branding nature of all the above listed permit
conditions and specml mstrucbons.
By the below signature, the Permlttee herel3y represents that no change to the FDOT's standard Ubhty Perrmt form, as incorporated by reference into Rule 14-
46.001, fo~ thins Ublmty Permit has been made which has not been prewously called to the a~tenbon of the FDOT (and sigmfied to by checl~ng the appropriate box
below) by a separate attached written document showing all changes and the written and dated a~j~oval of the FDOT Engmeer.~ there attachments reflecting
PERMITTEE Richard C. Hasko, P.E. SIGNATURE.~ ~~ ~\_~-'e.~--'r~ ~ ~ DATE ~Z
Name & T~tle of Authonzed Permlttee or Agent
(Typed or Pnnted Legibly)
Director of Environmental Services
APPROVED BY' ISSUE DATE:
District Mmntenance Engineer or Oes4gnee
UTILITY PERMIT FINAL INSPECTION CERTII~ICATION
DATE.
DATE WORK STARTED:
DATE WORK COMPLETED.
INSPECTED BY. (Perm~ttee or Agent)
REMARKS (Brief summa~ of approved plans changes)
CHANGE APPROVED BY'
Dmsthct Mamntenance Engineer or Designee
DATE.
I the undersigned PERMIT'FEE do hereby CERTIFY that the ut~hty construction approved by the above numbered permit was inspected and metalled ~n accordance
w~th the approved plans made a part of th~s permmt and ~n accordance with the FDOT's current Utlhty Accommodabon Manual. All plan changes have been
approved by the FDOT's Engineer and are a~tached to this permtt. I also cerhly that the work area has been left )n as good or better condition than when the work
was begun.
PERMITTEE: SIGNATURE: DATE:
Name & Title of Authorized Perm~ttee or Agent
(Typed or Pnnted Legmbly)
CC: Dmstnct Permmt Office
Perm~ttee
LIN TON B OU LEVAR
D~
--~ ,i ~ : ; i ........ : ..... : .... :-_-r ........ :---T .... , ........ T .... i-
i , ~ , ~ . - ............................... ~ ....................
, ~ i~ ,~ ........................ : : , , ~ ~ ~ ', , :
---..x ' ' ' ' : ' ' ,
x%%N =- , ..... .. , , , , , , ,
~~: .~ ............ ,. . ..... , ...................... ~ ......................................
, - ............. ~: m m i : , ' ,
~0 , ~ .... *-~- : ...................... ~ ......... ~ .... , .... ~ ........
Z , ,- .... ;---'~ · IALLA~ANBA ORIE ~ .... '
[ ..... ~:_:..~, "~ ~ ............... ~----: .... ~ ..... ~----r ........ -,_ ,,
.... BANYAN DRI~
W:'-:: '
......... ' ,- ..... : ................ ~ ........... : ..... : .............................
I ¢ ~ { .... , ~._~ ........................... ~ .......................
, ~,- 2:---~ .......... ~o. ', 'mi
~ ..... ~Y ~S .... , ~ . : ,~. E~R~EEN DRI~
' , i, - ...... '.27. - =:. ~ ', '
C of DELRAY BEACH DELRAY LINCOLN MERCURY
E~~ ~ ~p~~ LOCA~ ON MAP ~[b-u~c-~[~l
2001
Agenda Item No. ~
Request to be placed on:
X Regular Agenda
Special Agenda
__ Workshop Agenda
AGENDA REQUEST
Date: Dec. 6, 2001
When: Jan. 8, 2002
Description of item (who, what, where, how much):Approval of a hold
harmless agreement between Southeast Investments of Palm Beach County,
Inc. the owner of Delray Lincoln Mercury, and the City for utility work
performed within the state right-of-way. Delra¥ Lincoln Mercury must
relocate a sewer main to accommodate a proposed building addition. The
proposed sewer main connects to an existing main within the Federal
Highway right-of-way. The City is required to be the applicant on the
Florida Department of Transportation utility permit application.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the hold harmless
ag reement . ~,_~~
Department head signature: t~-/q'-O;
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: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
ApprovedHold Until: for agenda: ~NO~
Agenda Coordinator Review: ~
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc:
tac-Delray Lincoln Mercury
file:s/engadmin/tac/ Delray Lincoln Mercury /Ag010802.doc
£1T¥ OF DELRI:IY BERg#
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line 561/243-7091
1993
DATE:
December 19, 2001
MEMORANDUM
TO:
FROM:
City Commission
David Harden, Cit[Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Revision to Weed & Seed Lease Agreement
The City Commission previously approved a lease agreement with Weed & Seed for the
use of a portion of the City Attorney's Office on August 21, 2001. Subsequent to the
meeting, we were informed that Weed & Seed wished to change the name of the entity on
the agreement, from Weed & Seed Program to The Friends of Weed of Seed, Inc., as well
as remove one portion of the agreement. The portion that Weed & Seed wishes to remove
is the section governing insurance for the premises in that Weed & Seed already pays the
City for its insurance coverage.
Please place this item on the January 8, 2002 City Commission agenda. Please call if you
have any questions.
Attachment
cc: Barbara Garito, City Clerk
' LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND FRIENDS OF WEED & SEED, INC.
THIS LEASE, made this ~ day of .2001, by and between the CITY OF
DELRAY BEACH, a municipal corporation in Palm Beach County, Florida, hereinafter called
Lessor, and FRIENDS OF WEED & SEED, INC., a non-profit corporation, hereinafter called
the Lessee.
WITNESSETH:
WHEREAS, Lessee has requested the use of 3 offices located in the City Attorney's
Office Building at 200 N.W. 1st Avenue; and
WHEREAS, the City Commission of Delray Beach has determined that such use of the
subject offices is an appropriate use which will benefit the Weed & Seed Program.
NOW, THEREFORE, in consideration of the covenants herein, Lessor does hereby
lease to Lessee, the office space as provided in this Agreement.
1. Incorporation of recitals. The Parties hereby represent and warrant that the
above recitals are accurate and correct and hereby incorporate them as if fully set forth in this
Agreement.
2. Term. This lease shall be for a term of one year from this date, with a one year
renewal term, which such renewal shall not be unreasonably withheld.
3. Payment. Lessee shall make payment to Lessor the sum of five hundred and
fifty ($550.00) dollars per month for the use of the leased office space, which includes costs for
water, sewer & electric utilities as well as stormwater assessment fees and solid waste authority
fees.
4. Leased Premises. The leased premises shall consist of 3 office spaces located at
the north end of the City Attorney's office building (200 N.W. 1st Avenue), adjacent to N.W. 1st
Avenue as sh6wn on the sketch attached hereto as Exhibit "A". This lease does not include any
personal property. Lessee is responsible for the purchase of all telephone equipment needed for
the premises as well as all telephone bills.
5. Termination of Lease. It is mutually understood and agreed by the parties
hereto, that the Lessor may terminate this lease at any time, upon a determination by the City
Commission, in its sole discretion. Termination shall be effected by giving Lessee notice of its
intention to terminate sixty (60) days prior to the date of termination, with the understanding that
upon the termination date any and all personal property owned by Lessee shall be completely
removed from the premises and the premises be vacated.
6. Improper Use. The Lessee covenants that it will make no unlawful, improper or
offensive use of the said premises; that it will not assign this lease or sublet any part of the said
premises without the written consent of the Lessor; and that it will use said premises only for the
purposes of conducting business on behalf of the Weed & Seed Program. Lessee further asserts
that it shall make no improvements or modifications to the leased premises, other than for normal
wear and tear, without first obtaining written consent from Lessor.
7. Reentry.. It is hereby covenanted and agreed that if the Lessee violates any of the
covenants of this lease that the Lessor shall be entitled to re-enter and retake possession of the
above described premises upon giving thirty (30) days notice to the Lessee by U.S. Mail at the
address of the leased premises.
8. Maintenance. The Lessee covenants and agrees that it will maintain the above
described property in a clean and orderly condition. Janitorial or pest control services shall be
provided by Lessor.
9. 'Indemnification. The Lessee shall indemnify, defend and hold harmless the
Lessor, its officers, agents and employees from all suits, actions, claims and liability arising out
of the acts or omissions of Lessee or its agents, employees, invitees, or any other person related
in any manner to Lessee as it relates to this Agreement.
10. Taxes and/or Assessments. Lessee shall be responsible for any all taxes, liens
or assessments, including, but not limited to, ad valorem taxes, sales taxes, income taxes, special
assessments and intangible taxes that may be levied or assessed against Lessor from any entity
as a result of this Agreement. Lessee shall make prompt pa~nent of such taxes, liens or
assessments upon receiving notice of the amount due. In no way shall any action by Lessee
result in a lien on any property owned by Lessor.
11. Entire Agreement. This Agreement shall constitute the entire Agreement of the
parties with respect to the subject matter of it. All prior understandings and agreements between
the parties with respect to such matters are merged into this Agreement, which alone fully and
completely expresses their understanding.
12. Assignment or Transfer. This Agreement may not be assigned or transferred by
the Lessee in whole or part without the written consent of the Lessor.
IN WITNESS WHEREOF, the Lessor has caused this lease to be executed by its Mayor
and attested to by the City Clerk and the City Seal to be affixed thereto on the day and year first
above written, and the Lessee has executed this lease on the day and year first above written.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By: By:
City Clerk
David Schmidt, Mayor
Approved as to Legal Form:
By:
City Attorney
WITNESSES:
-Si&nam. re'
Print Name
Signature
Print Name
STATE OF
COVNT¥ oF
FRIENDS OF WEED & SEED, INC.
Print Name:
The foregoing instrument was ack~.ow~edged before me this
Odo'~''~ [(F-, 200_[_, by L. ~):a,~ ~ ('.~4,nC~rd, as
(name of officer or agent, title of officer or agent), of'
(name of corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She ir~onally kno~to me or has produced
(type of identification) as adentification.
of Person Taking AcknowledX~.rn~
Name Typed, Printed or Stamped
day of
]after C'H~CGoflzalez
~YCOMMIS6K)N# OOgl~4S~ e"'"'
Februa~f 15, 20r"
[ITY DF I]ELAflY BERgH
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line 561/243-7091
1993 DATE:
MEMORANDUM
December 10, 2001
TO:
FROM:
City Commission
David Harden, City Mana..~~
Brian Shutt, Assistant City Attorney
SUBJECT: Agreement with Palm Beach County on Pineapple Grove Way
The attached Agreement provides that Palm Beach County shall reimburse the
City in the amount of $45,000.00 for Pineapple Grove Way improvements relating
to accent lighting and decorative pedestals.
Please place this item on the January 8, 2001 City Commission agenda. Please
call if you have any questions.
Attachment
CC:
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Section 4: The CITY shall be solely responsible for obtaining and complying with
all necessary permits, approvals, and authorizations required for the construction of the
PINEAPPLE GROVE ROADWAY IMPROVEMENTS from any federal, state, regional,
COUNTY agency.
Section 5: CITY shall provide initial funding to accomplish the PINEAPPLE
GROVE ROADWAY IMPROVEMENTS and be responsible for all costs exceeding the
funding provided by the COUNTY as addressed below in Section 6.
Section 6: Invoicinq and Reimbursement: The CITY shall be reimbursed by
the COUNTY in an amount not to exceed $45,000.00 towards the PINEAPPLE GROVE
ROADWAY IMPROVEMENTS under this Agreement only after it has expended its own
funds and the portion of the PINEAPPLE GROVE ROADWAY IMPROVEMENTS for which
it is seeking reimbursement for has been completed, inspected and certified by the CITY's
Engineer. The County Engineer shall have the right, but not the obligation, to inspect and
approve the PINEAPPLE GROVE ROADWAY IMPROVEMENTS. The CITY shall submit
proof of payment to the COUNTY's contract monitor or his designee in a form deemed
satisfactory by the COUNTY. CITY overhead shall not be included in costs to be
reimbursed by the COUNTY. In no event shall the COUNTY have any obligation to any
other entity or person and the COUNTY's obligation to the CITY shall not exceed
$45,000.00.
Invoices submitted by the CITY shall include a reference to this Agreement, identify
the PINEAPPLE GROVE ROADWAY IMPROVEMENTS, ~nclude the CITY's total
expenditure and identify the amount due and payable by COUNTY to the CITY. Invoices
shall be itemized in sufficient detail for pre-payment audit thereof, and shall be supported
by, copies of the corresponding paid vendor or contractor invoices and substantiated proof
of payment and performance. The CITY shall supply any other reasonable documentation
requested by the COUNTY.
Invoices received from the CITY will be rewewed and approved by the COUNTY
indicating that the expenditures have been made in conformitywith the requirements of this
Agreement. Thereafter, they will be sent to the COUNTY's Finance Department for final
approval and payment. Invoices will normally be paid within thirty (30) days following
approval. Unless the term of this Agreement is extended, the CITY shall submit all
invoices for final payment by December 31,2003. The COUNTY shall have no obligations
for any costs incurred after the above-referenced date.
Section 7. Effective Date: The effective date of this Agreement shall be the date
of full execution by both parties.
Section 8. Compliance with Codes and Laws: Each party agrees to abide by all
apphcable laws, orders, rules and regulations.
Section 9. Liability: The parties to the Agreement shall not be deemed to assume
any liability for the negligent or wrongful acts, or omissions of the other pady. Nothing
contained herein shall be construed as a waiver by either party, of the liability limits
established in Section 768.28, Florida Statutes.
Section 10. Indemnity: In the event a claim or lawsuit is brought against the
COUNTY, its officers, employees, servants, or agents relating to the PINEAPPLE GROVE
ROADWAY IMPROVEMENTS with regard to responsibilities of the CITY, the CITY agrees
without waiver of limitation as provided for in Section 768.28, Florida Statutes, and, to the
extent permitted by law, to indemnify and hold harmless the COUNTY, its officers,
employees, servants or agents from and against any claims, losses, demands, damages,
liabilities or causes of action of whatsoever kind or nature that the COUNTY, its officers,
employees, servants or agents may or could sustain as a result of or emanating out of the
terms and conditions contained in this Agreement relating to any portion of the
PINEAPPLE GROVE ROADWAY IMPROVEMENTS that are the responsibility of the CITY.
Section 11, Insurance: At all t~mes during the terms of any contract between the
CITY and a contractor that is executed for the performance of the PINEAPPLE GROVE
ROADWAY IMPROVEMENTS, or any part thereof, said contractor(s) shall maintain in
force Comprehensive General Liability Insurance, Property Damage Insurance, Worker's
Compensation insurance and Vehicle Liability insurance in the amounts required by law
and in CITY's usual bid and/or contract documents. The CITY and the COUNTY shall be
named as an additional insured on all such policies of insurance except for the Worker's
Compensation Insurance. The County Engineer is authorized to waive, in writing, this
requirement, as it may pertain to the procurement of certain materials only (not installation),
as he may in his sole d~scretion deem appropriate
Section 12. Notice of Complaints or Suits: Each party will promptly notify the
other of any citizen comphant, claim, suit, or cause of action threatened or commenced
against it which arises out of or relates, in any manner, to the performance of this
Agreement.
Section 13. Annual Appropriation' Each party's performance and obligation
under this Agreement is contingent upon an annual budgetary appropriation by its
respective governing body for the purposes hereunder. The COUNTY and the CITY agree
to budget and appropriate funds if available.
Section '!4. Access and Audits: The CITY shall maintain adequate records to
justify all charges, expenses, and costs incurred in performing the PINEAPPLE GROVE
ROADWAY IMPROVEMENTS for at least three (3) years after its completion. The
COUNTY shall have access to all books, records, and documents as required in this
section for the purpose of inspection or audit during normal business hours.
Section '15. Repayment: The CITY shall repay the COUNTY for all unauthorized,
illegal or unlawful expenditures of revenues, including those discovered after the expiration
or termination of this Agreement, to the extent permitted by law. Funds which are to be
repaid to the COUNTY are to be repaid by delivering to the COUNTY a certified check for
the total amount due and payable to COUNTY, and delivering it to the COUNTY's contract
monitor within ten (10) days of the COUNTY's demand. Nothing contained herein shall
act as a limitation of the COUNTY's right to be repaid, as a waiver of any r~ghts of the
COUNTY's, or preclude the COUNTY from pursuing any other remedy which may be
available to it under law or equity.
Section '16. Independent Contractor: The CITY recognizes that it is an
independent contractor and not an agent or servant of COUNTY. No person employed by
any party to this Agreement, shall in connection with the performance of this Agreement
or any services or function~ contemplated hereunder, at any time, be considered the
employee of the other party, nor shall an employee claim any right in or entitlement to any
pension, worker's compensation benefit, unemployment compensation, civil service, or
other employee rights or privileges granted by operation of law or otherwise, except
through and against the entity by whom they are employed.
Section 17. Equal Opportunity: The COUNTY and CITY agree that no person
shall on the grounds of race, color, sex, national origin, disability, religion, ancestry, madial
status, or sexual orientation be excluded from the benefits of, or be subjected to any form
of discrimination under any activity carried out by the performance of this Agreement. The
DISTRICT will ensure that all contracts let for the PINEAPPLE GROVE ROADWAY
IMPROVEMENTS pursuant to the terms of this Agreement will contain similar non-
discrimination and equal opportunity clause.
Section 18. Breach and Opportunity to Cure: The parties expressly covenant and
agree that in the event either pady is in default of its obligations under this Agreement, the
party not in default shall provide to the defaulting party thirty (30) days written notice prior
to exercising any of its rights.
Section 19. Enforcement Costs: Any costs or expenses (including reasonable
attorney's fees) associated with the enforcement of the terms and conditions of this
Agreement shall be borne by the respective parties; provided, however, that this clause
pertains only to the parties to the Agreement.
Section 20. Notice: All notices required to be given under this Agreement shall be
in writing, and deemed sufficient to each party when sent by Unites States Mail, postage
prepaid, to the following:
As to the COUNTY'
With a copy to:
As to the CITY
Palm Beach County Engineering and Public Works
Attn: Edwin A. Jack, P.E.
Deputy County Engineer
160 Australian Avenue, Suite 501
West Palm Beach, Florida 33416
Marlene Romano Everitt
Assistant County Attorney
301 N. Olive Avenue, 6th Floor
West Palm Beach, FL 33401
City of Delray Beach
Attn: Mr. Randall Krejcarek, C~ty Engineer
100 N.W First Avenue
Delray Beach, Florida 33444
Section 21. Modification and Amendments: Except as expressly permitted
herein to the contrary, no modification, amendment or alteration in the terms or conditions
contained here~n shall be effective unless contained in a written document executed with
the same formality and equality of dignity herewith
Section 22. Remedies: This Agreement shall be construed by and governed by
the laws of the State of Florida. Any and all legal action necessary to enforce this
Agreement shall be held in Palm Beach County. No remedy here~n conferred upon any
party is intended to be exclusive of any other remedy, and each and every other remedy
shall be cumulative and shall be in addition to every other remedy given hereunder or now
or hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other
or further exercise thereof.
Section 23. Joint Preparation: The preparation of this Agreement has been a
joint effort of the parties, and the resulting document shall not, solely as matter of judicial
constraint, be construed more severely against one of the parties than the other.
Section 24. Severability: In the event that any section, paragraph, sentence,
clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding
shall not affect the remaining portions of this Agreement and the same shall remain in full
force and effect.
Section 25. Entirety of Agreement: This Agreement represents the entire
understanding between the parties, and supersedes all other negotiations, representations,
or agreements, either written or oral, relating to this Agreement.
Section 26. Captions: The captions and section designations herein set forth are
for convenience only and shall have no substantive meaning.
IN WITNESS WHEREOF, the parties have executed this Agreement and it is
effective on the date first written above.
CITY OF
DELRAY BEACH
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:. By:
Mayor
Warren H. Newell, Chairman
ATTEST:
ATTEST:
DOROTHY H. WILKEN, CLERK
By: By:
Secretary Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: By:
City Attorney
'I Date:
Assistant County Attorney
Date:
APPROVED AS TO TERMS
AND CONDITIONS
By:.
Date:
CITY OF DELRI:IY 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 Direct Line 561/243-7091
1993 DATE:
MEMORANDUM
December 19, 2001
TO:
FROM:
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Agreement with CSX/FDOT on Crossing at S.W. 10th Street
This Agreement is between the City, CSX and FDOT regarding the expansion of
the CSX crossing at S.W. 10th Street due to CSX's plans to install another track
beside the existing track. After the crossing has been constructed the City shall be
responsible for the maintenance cost of the highway roadbed and surface outside
the railway ties and crossing surface. The City shall also be responsible for 50%
of the maintenance cost of the signals at the road crossing as set forth by the
schedule of cost for automatic highway grade crossing traffic control devices. The
City's annual share of the signal maintenance cost, after double tracking, would
presently be $3,098.00.
Please place this item on the January 8, 2002 City Commission agenda. Please
call if you have any questions.
Attachment
CC:
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Page 1 of 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING AND CROSSING TRAFFIC CONTROL DEVICES
CITY OF DELRAY BEACH
SOUTH FLORIDA RAIL CORRIDOR ONLY
Financial Project I.D.swR°adl0thNameStreetOr Number CountYpa m BeachName Parcel & R/W Number FAP Number
THIS AGREEMENT, made and entered into this day of ,2001, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, AND CSX
TRANSPORTATION INC., a corporation of V~rginia, w~th its place of bus.ness in the City of.Jacksonville, County of
Duval, STATE OF FLORIDA, and authorized to do business ~n the State of Florida, hereinafter called CSXT and
the CITY of Delray Beach , a political subdivision of the State of Flonda, hereinafter called the CITY.
WITNESSETH:
WHEREAS, the DEPARTMENT and CSXT entered into a Purchase and Sale agreement for the South
Florida Rail Corridor, hereinafter called SFRC described hereto on May 11, 1988, at which hme the DEPARTMENT
became the owner of said property and CSXT retained an Easement for Rail Freight Operations within the SFRC,
and under which CSXT manages and maintains the property on behalf of the DEPARTMENT pursuant to the Phase
A Operating and Management Agreement, hereinafter called Phase A Agreement entered into on May 11, 1988 by
CSXT and the DEPARTMENT and made a part of this agreement by reference thereto; and
WHEREAS, in the event of termination of the aforesaid Phase A Agreement as therein provided, the
parties hereto desire that the provisions of the Phase B Agreement will thereafter govern CSXT's conduct of ra~l
freight and interc~ty ra~l passenger operabons over the State Property in a manner consistent with the other uses of
the State Property Upon the Commencement Date hereof, CSXT shall transfer to the DEPARTMENT the
administration by CSXT (pursuant to Section 4 10 of the Phase A Agreement ) of all agreements pertaining to the
maintenance, repair and operation of ex~stmg roadway and h~ghway crossings, cross~ng protection devices and
railway interlocking and ~nterchange facd~ties on the State Property, and
WHEREAS, the Tri-County Commuter Rail Authority, hereinafter called TRI-RAIL, has received a funding
grant from the Federal Transit Administration, hereinafter called FTA, for the purposes of prowding an additional
line of radroad track throughout 44 miles of the SFRC and prowding improvements to grade crossing traffic control
devices throughout the SFRC; and
WHEREAS, the DEPARTMENT, which would normall~ be responsible for construction throughout the
SFRC, has authorized TRI-RAIL pursuant to the FTA funding grant, to construct, reconstruct or otherwise change a
portion of the Public Road system, designated byTRI-RAIL as Contract No 00 -834 , on
SW 10th Street , which crosses at grade the right of way and tracks at Mdepost SX 988 63 , FDOT/AAR
Crossing Number at or near 628 159 H, as shown on TRI-RAIL's Plan Sheet No BRC 025 attached hereto as
a part thereof; and
WHEREAS, it ~s ~n the best ~nterest of the DEPARTMENT, CSXT, and the COUNTY, to execute an
agreement for the future maintenance and modifications of said improvements upon completion of TRI-RAIL's FTA
Full Funding Grant, and
NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto
agree as follows
The CITY shall be responsible for the cost to maintain the sa~d Road at grade, and necessary
approaches thereof, across the DEPARTMENT'S r~ght-of-way, over ~ts tracks-and through the Railroad
Easement retained by CSXT at the herein above referenced location
Page 2 of 7
4
Upon completion of the crossing, CSXT shall be responsible for the maintenance of said crossing in
accordance w~th the Phase A Agreement and the CITY shall be responsible for the maintenance
cost of the highway roadbed and surface outside the railway t~es and the cross~ng surface However,
it is expressly understood and agreed that ifsa~d area is not being ma,nta~ned ~n accordance with
the Department's roadway standards, by the CITY, then the DEPARTMENT or CSXT, shall prowde
the CITY with written not~ce of such improper maintenance and the CITY shall have thirty days from
the receipt of said not~ce to properly maintain the area, or the DEPARTMENT or CSXT, at their
option, shall perform such maintenance work and and bill the CITY, directly for costs thus incurred
that are the responsibility of the CITY. It is further expressly understood and agreed that ~f in the
opinion of the DEPARTMENT or CSXT an emergency repair becomes necessary, the CITY shall be
promptly notified of such and emergency. If the CITY is unable to perform or cause to be performed,
the emergency repairs, then the DEPARTMENT or CSXT, at their option, shall perform such
maintenance work and and bill the CITY directly for costs thus incurred that are the responsibility of
the CITY.
The DEPARTMENT at its discretion, may arrange for the synchronization of the railroad crossing
devices with existing or proposed highway traffic control dewces at, SW 10th Street , and
attendant installation of Type Flashinq Signals and Gates-Multiple Tracks, Class IV , None of the
parties shall disconnect sequence w~thout pnor not~ce to the other. Each party shall maintain it's
interconnect cable.
After installation of said signals is completed, fifty (50) percent of the expense thereof in maintaining
the same shall be borne by the CITY and fifty (50) percent of the cost thereof shall be borne
pursuant to the Phase A Agreement, as enumerated by the Schedule of Annual Cost of Automatic
Highway Grade Crossing Traffic Control Devices attached hereto and by this reference made a part
hereof and subject to future rewsion. After sa~d signals have been ~nstalled and found to be in
satisfactory working order by the parbes hereto, the same shall be immediately put into service,
operated and maintained by CSXT so long as said CSXT or successors or assigns shall operate the
said signals at said grade crossing; or until it is agreed between the parties hereto that the signals
are no longer necessary, or until the said crossing is abandoned; or legal requirements occur which
shall cease operation of signals thereat CSXT agrees that any future relocation or adjustment of
said signals shall be performed by CSXT but at the expense of the party initiating such relocation.
Upon relocation, the maintenance responsibihties shall be in accordance w~th the prowsions of this
agreement It is further agreed that the cost of maintaining any additional or replacement signal
equipment at the same location vull be shared as prowded above.
All work contemplated at this crossing shall at all times be subject to the approval of the
DEPARTMENT and Chief Engineer or h~s representative. CSXT'S Division Engineer and/or
Superintendent shall recewe at least seventy-two (72) hours notice prior to the performance of any
work within the limits of the railroad right-of-way.
Unless otherwise agreed upon herein, the CITY agrees to insure that the advance warning signs
and railroad crossing pavement marking wdl conform to the Department of Transportation Manual
on Uniform Traffic Control Dewces w~th~n thirty (30) days of notification that the railroad signal
~mprovements have been completed and that such s~gns and pavement markings will be continually
maintained at an acceptable level.
6. The CITY will reimburse CSXT for the cost of watchmen or flagging service when the CITY's
contractor ~s performing work that requires movement of equipment, employees or trucks across the
tracks of the DEPARTMENT or when at t~mes CSXT and/or the DEPARTMENT agree that such a
service Is necessary.
Page 3 of 7
10.
11
All contractors working in the SFRC are required to have Railroad Protective Public Liability and
Railroad Protective Property Damage Liability ~nsurance in a combined amount of $2,000,000.00, for
all personal injuries, death or property damage, per occurrence arising during the pohcy pedod. The
maximum dollar amounts of coverage to be reimbursed by Federal funds, with respect to bodily
~njury, death or property damage is limited to a combined amount of $6,000,000.00 per occurrence
unless approval for larger amounts by the FHWA Division Administrator is made a part of this
Agreement.
Contractor will furnish CSXT a Certificate of Insurance showing that the contractor carries liability
insurance (applicable to the job ~n question) in the amount of $5,000,000.00 for all personal injuries,
death or property damage, per occurrence arising during the policy period. Such insurance is to
conform with the requirements of 23 C.F.R., Subchapter G, Part 646, Subpart A, and any
supplements thereto or revisions thereof.
Subsequent to the TRI-RAIL Double Track Corridor Improvement Program-Segment 5 Project, the
CITY will bear the cost of relocation of any utility (wire or pipe), due to CITY requested
improvements to the roadway right-of-way, that has compensable interest on the right-of-way
occasioned by the construction of said crossing and occupancy of the DEPARTMENT'S property,
unless the original agreement creating the occupation of such utility requires the Utility to relocate
said hne.
CSXT hereby agrees to install and/or adjust the necessary parts of its facilities in accordance with
the prowsions set forth ~n the:
DEPARTMENT Procedure 725-080-002 Appendix D 4 and Rule 14-46.002 "Responsibility for the
Cost of Railroad-Highway Crossing", Florida Administrative Code and/or the Federal Highway
Administration's Federal Aid-High~ay Policy Guide, 23 C.F.R. Subchapter B, Part 140, Subpart
1; and 23 C.F.R. Subchapter G. Part 646, Subpart B and anysupplements thereto or revisions
thereof, which, by reference hereto, are made a pa~ hereof CSXT further agrees to do all such
work w~th ~ts own forces or by a contractor paid under a contract held byCSXT under the
supervision and approval of the DEPARTMENT, and the Federal H~ghvvay Administration, when
applicable.
All labor, services, materials, and equipment furnished by CSXT in carrying out work to be
performed, shall be billed by CSXT directly to the CITY. Separate records as to costs of contract bid
terms and force account ~tems performed for CSXT shall also be furnished by CSXT to the CITY.
CSXT has determined that the method to be used in developing future relocation or installation cost
shall be actual and related indirect costs accumulated m accordance with a work order accounting
procedure prescribed by the apphcable Federal or State regulatory body.
12.
Upon completion of the crossing improvements and conclusion of work under TRI-RAIL's Full
Funding Grant Agreement, all bdling for future maintenance and modifications, which are the
responsibihty of the CITY, will be as follows' CSXT shall, w~thm one hundred eighty (180) days,
Page 4 of 7
13.
14.
15.
furnish the CITY with two (2) copies of its final and complete billing of all costs incurred in
connection with the work performed hereunder, such statement to follow as closely as possible the
order of items contained in the estimate attached hereto The totals for labor, overhead, travel
expense, transportation, equipment, material and supphes, handhng costs and other serwces shall
be shown in such a manner as will permit ready companson w~th the approved plans and estimates.
Materials shall be itemized where they represent major components of cost in the relocation
following the pattern set out in the approved estimate as closely as possible.
Salvage credits from recovered and replaced permanent and recovered temporary materials shall
be reported in said bills in relative pos~t~on with the charge for the replacement orthe original charge
for temporary use.
The final billing shall show the description and site of the Project, the date on which the first work
was performed, or, if preliminary engineering or right-of-way items are involved, the date on which
the earliest item of billed expense was incurred; the date on which the last work was performed or
the last item of billed expense was incurred; and the location where the records and accounts billed
can be audited. Adequate reference shall be made in the billing to where the records and accounts
billed can be audited. Adequate reference shall be made in the billing to CSXT's records, accounts
and other relevant documents. All cost records and accounts shall be subject to audit by a
representative of the CITY. Upon receipt of ~nvoices, prepared in accordance with the provisions of
the above-indicated Reimbursement Policy, the CITY agrees to reimburse CSXT in the amount of
such actual costs approved by the CITY auditor.
Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes.
In accordance with Section 287.056, Flodda Statutes, the following provisions are in this Agreement:
If this contract ~nvolves units of deliverables, then such units must be received and accepted in
writing by the Contract Manager prior to payments. Bills for fees or other compensation for services
or expenses shall be submitted ~n detail sufficient for a proper pre-audit and post-audit thereo[
In accordance with Section 215.422 Florida Statutes, the following provisions are in this Agreement:
Contractors providing goods and services to the DEPARTMENT should be aware of the following
time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the
goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has twenty
(20) working days to deliver a request for payment (voucher) to the Department of Banking and
Finance. The 20 days are measured from the latter of the date the invoice is received or the date
the goods or services are received, inspected, and approved.
If a payment is not available within forty (40) days, a separate interest penalty at a rate as
established pursuant to Section 215.422 (3)(b), Florida Statutes, will be due and payable in addition
to the invoice amount, to the Contractor, interest penalties of less than one (1) dollar will not be
enforced unless the Contractor requests payment. Invoices, which have to be returned to a
Contractor because of Contractor preparation errors, will result In a delay in the payment. The
~nvoice payment requirements do not start untd a properly completed invoice is provided to the
DEPARTMENT.
A Vendor Ombudsman has been established within the Department of Bank and Finance. The
duties of the individual include acting as an advocate for contractors/vendors who may be
experiencing problems in obtaining timely payments(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 410-9724, or by calhng the State Comptroller's Hotline, 1-
800-848-3792.
Page 5 or7
16.
17.
18.
19.
20.
Records of costs incurred under terms of this Agreement for future projects shall be maintained and
made available upon request to the CITY and the DEPARTMENT at all times during the period of
this Agreement and for three years after final payment is made Copies of these documents and
records shall be furnished to the CITY and the DEPARTMENT upon request
Records of costs incurred includes the Contractor's general accounting records and the project
records, together with supporting documents and records, ofthe Contractor's general accounting
records and the project records, together with supporting documents and records, of the Contractor
and all subcontractors performing work on the project, and all other records of the Contractor and
subcontractors considered necessary by the CITY and the DEPARTMENT for a proper audit of
costs.
In the event this contract is for services in excess of TWENTY-FIVE THOUSAND DOLLARS
($25,000.00) and a term of more than one year, the provisions of Section 339.135(6)(a), Florida
Statutes, are hereby ~ncorporated:
The DEPARTMENT during any fiscal year, shall not expend money, ~ncur any liability, or enter into
any contract which, by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure dunng such fiscal year. Any contract, verbal orwritten, made
in violation of this subsection ~s null and void, and no money may be paid on such contract. The
DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that such
funds are available prior to the entering into any such contract or other binding commitment of funds.
Nothing herein contained shall prevent the making of contracts for periods, exceeding one year, but
any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for ~n succeeding fiscal years; and this paragraph shall be incorporated verbatim in all
contracts of the DEPARTMENT which are for an amount in excess of TWENTY-FIVE THOUSAND
DOLARS ($25,000.00) and which have a term for a period of more than one year
In accordance with Section 287 133 (2)(a), Florida Statutes, the following provisions are included in
this Agreement:
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
pubhc entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a b~d on a contract w~th a pubhc entity for the construction or repair of a public
building or public work, may not submit bids on leases for real propertyto a public entity, may not be
awarded or perform work as a contractor, suppher, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of the
threshold amount prowded in Section 287 017 for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list
In accordance with Section 287.0582, Florida Statutes, the following provisions are included in this
Agreement:
The DEPARTMENT'S obligation to pay under this section is contingent upon an annual
appropriation by the Florida Legislature.
The DEPARTMENT reserves the right to unilaterally cancel this Agreement for refusal by the
contractor or Agency to allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with
th~s Agreement.
Page 6 of 7
21.
22.
Should the use of said crossing be abandoned due to removal of the roadway then all rights hereby
to the CITY shall thereupon cease and terminate and the CITY will, at its sole cost and in a manner
satisfactory to the DEPARTMENT remove sa~d crossing and restore the DEPARTMENT'sproperty
to the condition previously found, provided that the DEPARTMENT may, at its option, remove the
said crossing and restore its property, and the CITY will, in such event, upon bill rendered, pay to the
DEPARTMENT the entire cost incurred by it in such removal and restoration, provided such costs
are accrued as specified in Paragraph 9.
CSXT covenants and agrees that it will indemnify and hold harmless the CITY and the
DEPARTMENT and all of the CITY's and the DEPARTMENT's officers, agents, and employees
from any claim, loss, damage, cost charge, or expense arising out of any action, neglect, omission,
or delay by CSXT during the performance of the contract, whether d~rect or ~nd~rect, and whether to
any person or property to which the DEPARTMENT or said parties may be subject, except that
neither CSXT nor any of its subcontractors will be liable under this section for damages arising out
of injury or damage to persons or property directly caused or resulting from sole negligence of the
COUNTY and the DEPARTMENT, its officers, agents, or employees.
23.
Upon execution this maintenance agreement shall supersede all provisions, relating to said
crossing, contained in any previous maintenance agreement and shall become the permanent
maintenance agreement of record.
Page 7 of 7
IN WITNESS WHEREOF, the parties hereto ha~e caused these presents to be e~ecuted by their duly
authorized officers the day and year first written above.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
TITLE:
ATTEST:
CSXT
BY:
TITLE:
ATTEST:
CITY OF
BY:
TITLE:
ATTEST:
, FLORIDA
Legal Review
BY:
DATE:
12/18/01 TUE 1B:44 FAX 561 243 7314 ENVIRONMENTAL SRV. DEPT. ~ CITY A'I~Y ~001
FORM 725.o9o=a I
RAIL
07/96
OFFICE OF PUBLIC TRANSPORTATION
RAILROAD CRADE CROSSINC TRAFFIC CONTROL DEVICES
'"COUNTY SECTION JOB ROAD NAME COUNTY PARCEL & FAP
NUMBER OR I~UMBER I~AME Rzw NUMBER NUMBER
93 000 SW 10'h Street Palm I(X & SR)
Beach
COMPANY NAME:
A. JOB DESCRIPTION &LOCATION:
B. TYPE OF ROADWAY FACILITY:
C. FDOT/AAR XING NO.: 628 159 H
D. TYPE SIGNALS PROPOSED: IV
RR MILE POST TIE: SX 988.62
CLASS: DOT iNDEX:
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSllNG TRAFFIC CONTROL DEVICES
Annual Maintcnnnc,' Cost Exclusive of Installation
CLASS DESCRIPTION COST *
I Flash~ing Signals - One Track $1,637.00
II Flashing Signals -Multiple Tracks $ 2,166.00
II1 Flashing Signals and Gates - One Track $ 2,468.00
IV Flashing Signals and Gates - Multiple Tracks $ 6,196.00
· Effective July 7, 1996
AUTHORITY: FLORIDA ADMiNISTRATIVE RULE 014.46.002
Responsibility for the Cost of Automatic Highway
Grade Crossing Traffic Control Devices
EFFECTIVE DATE:
GENERAL AUTHORITY:
SPECIFIC LAW IMPLEMENTED:
July 22, 1982
334.0a4 F.S.
335.1t~4 F.S.
*This schedule will become effective July 1, 1996 and will bc reviewed every 5 years and revised as
appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department
of Labor.
12/18/01 'rUE 15:49 [TX/RX NO 9100]
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, PE, City Engineer~/'~;~.~
January 2, 2002
Estuary II Subdivision Plat
Please find attached the agenda request for Commission approval of the Estuary II
subdivision plat. The project consists of the construction of 22 townhouse units located
on Royal Palm Boulevard just West of the Estuary development. I have also enclosed
a location map, and a reduced copy of the plat. Site plan approval was granted by the
Planning and Zoning Board on August 8, 2001 . All permits have been received and all
staff comments have been addressed. If this meets with your approval, please place it
on the January 8, 2002 Commission meeting for Commission approval.
File: S'/engadrninltaclestuarylagmemo010202.doc
TAC: Estuary
N E 14TH ST (,LAKE AVE)
KOKOMO
KE~
ALLEN
ROYAL
E ASTVIEW AVE
LAFE AVENUE N
AVE
LAKE AVENUE S
r D. ENERY LANt
~OND WAY
,~-- WITHERSPOON LANE
~ McKEE LN
GEORGE BUSH BOULEVARD GEORGE I
~11 ~ CITY of DELRAY BEACH II ESTUARY II PLAT I1%E;',;%',,,?11
(' II ?11 ~_~...¢ ~o..~.~~,.,~ II LOOA~O, .AP II II
Date: 03 Jan 2002
Request to be placed on:
X Consent Agenda
When: 08 Jan 2002
AGENDA ITEM NUMBER:
AGENDA REQUEST
Regular Agenda Workshop Agenda
Special Agenda
Description of Agenda Item (who, what, where, how much):
Request for Commission approval of the Estuary II subdivision plat. The plat consists
of 22 townhomes units located on Royal Palm Boulevard just west of the Estuary
development. A map is enclosed.
Department Head Signature: /~~'~~~',~ ~7~/Z//
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
Approved for Agenda: ~ / No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
N.A.
(if applicable)
\\ESSRV002\DEPARTMENTSXEngAdmin\Tac\ESTUARY\estuary 2 subd plat Agenda Request.doc
TO:
FROM:
SUBJECT:
DATE:
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www delrayesd, com
DAVID T. HARDEN
;io~MA~g¢ rWiGHT/~//~
Deputy Director C~hsfif-uctlba---~
VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS (PN 2000-010)
Change Order #2, Final
DECEMBER 27, 2001
Attached for Commission approval is an agenda request for closeout Change Order//2, Final to
Telcon, Inc on the Venetian Drive Infrastructure Improvements, PN 00-10. It is for the final
plus/minus quantity adjustments; miscellaneous changes to the original Contract, Change Order #1
for Ingraham water main replacement and liquidated delay damages. Change Order #2, Final is a
net deduct amount of $265,666.80.
A request is also made for final payment in the amount of $138,451.62 to Telcon, Inc. A
Contractor Evaluation form is attached for your review.
Residual funds to be liquidated from PO#587979 to 370-3162-541-65.42 (2000 Bond - Barrier
Island) for $180,779.39; 448-5461-538-65.09 (Storm Water- Venetian) for $25,000.00; 442-
5178-536-65.09 (W/S R&R Venetian Drive) for $59,887.41.
CC:Fi~ 00-10 (A)
s\.. \O010~agmem121101
S ~EngAdmtnlProjectsl2OOOI2OOO-OlOICONSTRCI~co2mem-121101 doc
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. 2, Final) PROJECT NO. 00-010 DATE
PROJECT TITLE: Venetian Drive Infrastructure Im@rovemnts
TO CONTRACTOR: Telcon, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS
JUSTIFICATION:
Plus / Minus As-built quantity adjustments per Schedule "A" attached
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 17.4%
TOTAL PER CENT INCREASE/DECREASE TO DATE 13 55%
$1,458,795.00
$69,119.00
$1,527,914.00
$-265,666.80
$1,262,247.20
CERTIFIED STATEMENT:
I hereby cerbfy that the supporbng cost data included ~s, in my considered opinion,
accurate; that the pnces quoted are fair and reasonable and in proper ratio to the cost of the
onglnal work contracted for under benefit of competitive b~dding
or Telcon, Inc
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
370-3162-541-65.42 (2000 Bond - Barrier Island) for-$180,779.39; 448-5461-538-65.09 (Storm Water-
Venetian) for -$25,000.00, 442-5178-536-65.09 (WIS R&R Venetian Dnve) for -$59,887 41
DELRAY BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
for Environmental Services
David Schmidt, MAYOR
AP P ROVE D:
City Attorney
S:~EngAdmin\Projects~2000~000-010ONTRACT~CO2.doc
A'FI'EST:
By:
C~ty Clerk
CITY OF DELRAY BEACH
VENETIAN DRIVE INFRASTRUCTURE
IMPROVEMENTS
PROJECT No 2000-010
BID No 2000-029
Change Order #2, Final
Schedule A
Additional Time
CONTRACT AS-BUILT
(Hrs)
Item # IDe~raptmn Qty. I Umts Umt rr,ce Total Oty. Un, Pace Total
Orl~glnal Cont~_c.t_ .......................................................
I Silo Mobilization I ES $80,968 00 $80,968 00 I $80,968 00 $80,968 00
2 Maintenance of Traffic I L$ $57.178 00 $57.178 ~ I ~$57.178 00 $57.1~/8 00
3 C~m~rrrrg and GndRnng I L~ $6,019 oo $6,019 oo I $6,019 00 $6,019 oo
4 1 1/2"TypeS-IIIAsphalt(1/2qtyforfirstl~only) ~9,020 SY $500 $45,10000 3,832 $500 $19,1~000
5 1" Type S-lit Asphalt Oveday 275 TN S40 00 $11.000 00 0 $40 O0 $0 00
6 8" Llmerock Base 9,438 S¥ $1100 $103.81800 7,693 $1100$84,~23 OO
7 1" M~llmg/1" Type FC-$ Fnctmn Course 1,485 SY I $6 oo $8,910 oo 0 $6 oo $9 oo
8 Geognd 9,438 SY $2 00 $18,876 006,025 $2 00 S12,050 00
9 Open Cut Pavement Trench Repair 591 LF $13 00 $7,68~ 00 885 $13 00 $11,505 00
[0 A~phslt Dave Apron 6,253 SY $6 o0 $37,518 002.401 $6 00 $14,406 O0
I 1 2' Valley Gutter 940 LF $9 00 $8,460 O0 1,519 $9 00 $13,671 00
12 Type 'D' Curb 396 LF $10 00 S3,960 00 155 $10 O0 $l.550 00
13 Header Curb 130 LF $8 oo $1,040 oo 55 $8 O0 $44o oo
14 5' Concrete Sidewalk (4" lhlck) 882 LF $[5 O0 $13,230 OO892 S15 00 $ ] 3,~80 00
15 5' Concrete Sidewalk (6" th ~k) 213 LF $37 00 $3,621 00 120 $17 00 $2,040 00
-- 16 Bnck Paver Dnveway Restoration 500 SY $27 00 $13,500 00501 $27 00 ~ $13,~27 00
17 Atlantic Ave Back Paver Restoration 620 SY $32 00 $19.840 oo240 $32 00 $7.680 oo
[8 Pavement Madung and Slgnage I LS :$15,780 00 $15,780 oo0 85 $15,780 ~o $13,413 oo
-- 19 Road ~vnle Grading and Sodding 5,500 SY $5 00 $27,500 O03,825 -- $5 00 $19,12~ O0
-- 20 Sfonr~n~er Type "C" Inlet 9 EA $1,499 00 $13,491 O0 9 ~1,499 00 $13,491 00
-- 21 S~mwster Type "E" Inlst 7 EA $2,274 00 $15,918 00 7 ~2,274 O0 $15,918 00
22 Stor/rlwater Manhole 2 EA $3,343 O0 $6,686 O0 2 $~,343 00 $6,6~6 00
23 Conflict Structure I I~S $6,095 00 $6,695 00 I $6,095 00 $6,095 00
24 12" Rolllforced Concrete Pipe 35 LF $28 00 $980 00 6~9 $28 00 $1,932 00
25 15" Reinforced Concrete P~pe 268 LF $26 00 $6,968 00 244 $26 00 S6,344 00
26 18" Retnft~ Concrete Ptpe 85 LF $29 O0 $2,465 O0 77 $29 00 $2,233 00
27 !4" Reinforced Concrete P~pa 26 LF $56 ~0 $1,456 oo 26 $56 00 $1,456 oo
28 36" Reinforced Concrete Pipe 495 LF $81 00 $40.095 O0 4~1 $81 00$39.771 00
29 42" Reinforced Co~:r~e ~pe 594 /iF $10400 $61,77600 590 $10400 $61,36000
30 Plug Ex.st Storm Drainage Outfall 2 EA ~$1,059 O0 $2,118 O0 I $1,059 00 $1,0~9 00
31 8" PVC (¢-900) Water Main 990 ~ LF $27 00 $26,730 00 880 $27 00 $23,760 00
32 8" Gate Valve 4 EA $858 ~0 $3,432 00 4 $858 ~ $3,432 00
33 10" Gate Valve I EA $1,26000 $1,260 00 0 $1,26000 $000
34 10" X 8" Wat Tap & 8" G V 2 EA $4,20600 $8,41200 2 $4,20600 $8,4[2 O0
35 8" X 8" WSt Tap & 8" G V 2 EA $3,58100 $7,1~2 O0 2 - $3,58100 $7,16200
36 F~ra Hydrant Assembly 2 EA $1,869 00 $3,738 oo 2 $1,869 O0 $3.738 00
37 Fill & Flush Assembly 4 EA $985 O0 $3,940 00 4 $985 O0 $3,940 00
38 Sample Polar 4 E~. $320 00 $1,280 00 4 $320 00 $1,~80 00
39 Connect to Exmtmg Water Mmn 4 EA $1,125 00 $4,500 00 --4 $1,125 OO $4,500 00
40 Remove Exmt Water Mama 477 LF $12 O0 $5,724 ~o 0 $12 00 $o 00
41 Single Water Sol'vices 20 EA $473 00 $9,460 00 17 $473 00 $8,041 00
42 Double Water Sannces 15 ~ $561 00 $8,415 00 3 $561 00 $1,683 00
43 Rear Yard Water Sew*ce Connections 20 EA $1,[5700 $23,14000 10 $1,15700 $11,570 O0
44 2" A~r Rateaaa Valve and Vault 2 EA $2,523 00 $5,~6 00 0 $2,523 00 $0 00
45 fl" PVC ($DR 35) SanlteP/Sewer Pip~ (6' - 8') 840 LF $48 0o $40,320 00 725 $48 O0 $34,800 00
45A 8" PVC (SDR ;35) San~te~ Sewer P~pe (8' - 10') 393 LF $56 O0 $22,008 00 42~- $56 00 $23,632 00
46 10" PVC ~'SDR 35) Samtery Sewer P~pe (8' - 10') 15o i LF $58 00 S8.700 00 o S58 00 $9 00
47 10" PVC (SDR 35) Samtery Sewer P~pe (10' - 12') 1.430 LF $64 00 $91.52~-00 1.382 --/--
$. ~0 $88,44~ ,0
48 10" PVC (0900) San~ Sower Pipe (12'- 14') 338 LF --~ $32,786 00 33~ $97 00 ] S32,689 00
-- 49 ~ecest $anlterv Manhole (6'- 8') 2 EA~2,482 00 [ _ $4,964 00 ~2 $2,482 00[[ $4,964 00
Page 1 of 4
CITY OF DELRAY BEACH
VENETIAN DRIVE INFRASTRUCTURE
IMPROVEMENTS
PROJECT No 2000-010
BID No. 2000-029
Change Order #2, Final
Schedule A
Additional Time
CONTRACT AS-BUILT
(Hrs)
Item # Deacnption Qty Umta Umt Pr]ce Total Qty Unit Pnce Total
50 Precast Sgnltsry Manhole (6' - 8') - Modified ] EA 52,555 00 $2,555 00 2 $2,555 00 $5,] l0 00
5 ] Precest Sanitary Manhole (8' - 10') - Modified I EA~ $2,522 00 $2,522 O0 I $2,522 O0$2,522 00
52 Precest Sanltsry Manhole (8' - 10') 3 EA $2,799 00 $8,397 00 3 $2,799 O0 $8,397 00
53 Samta~ Manhole (12' - 14') w/Outside Drop 3 EA $4,533 00 $]3,599 00 2 $4,533 00 $9,066 00
54 Samtsr/Manhole (10' - 12') Modified w/Outside Drop 3 EA $4,585 00 $]3,755 00 3 $4,585 00 $13,755 00
55 Sanltaly Manhole (12' - 14') Modified w/Outside Drop I EA $4,6]8 00 $4,6]8 00 I $4,6]8 00 $4,6]8 00
56 Core Exls0ng Sam]sty Manhole 3 EA $],059 00 $3,177 00 3 $1,059 00 $3,177 00
57 B-inch Service Lnteralg 46 EA $908 00 $4t,768 oo 49 $908 oo $44,492 O0
58 Cleanouts( reside nflel) 35 EA $166 00 $5,810 00 34 $]66 00 $5,644 00
59 Cleanouts(commerctal) ] ] EA $486 00 $5,346 00 2 $486 00 $972 00
60 $" PVC C900 Force Mare 356 LF $32 oo $1 [,392 00315 $32 00 $10,080 00
61 16" PVC Cg05 Force Ma~n 3,091 LF $76 00 $234,916 oo2,843 $76 00 $216,008 00
62 8" Plug Valve I EA $],515 00 $],515 00 I $1,515 00 $t,515 00
63 16" x 8" V~e I EA $2,91200 $2,9]2 00 I S2,912 00 $2,9]200
64 16" Plug Valve 4 EA $4,53000 $18,12000 4 $4,53000 $18,12000
65 16" Plug I EA $2,O99 00 $2,099 00 I $2,009 00 $2,099 00
66 Connecttoex~$t 16"FM atSts 10+26 ] LS $2,59200 $2,592o0 I $2,59200 $2,59200
67 Connect to ex~et 16" F M at East Road ] LS $2,592 00 $2,592 00 I $2,592 00 $2,592 00
68 Connectg"FM toex~st 14"LSNo 17 Dlschg Piping i ] LS $4,86000 $4,86000 [ $4,$6000 $4,86000
69 Connect MH et Sts 7+28 into LS 17 Wetwell I LS $2,383 00 $2,383 O0 I $2,383 00 $2,383 00
70 Abandon exist 14" Force Mmn ] L$ $1,059 O0 $1,059 00 I $1,059 00 $],059 00
7] Remove exist 14" FM on Atlantic Avenue 165 LF $12 O0 $1,980 00 ]4] $12 00 $1,692 00
72 Abandon meet 21" & 8" San Sewers and Manholes I LS $11,365 00 $11,365 000 30 $] 1,365 00 $3,409 50
73 Rehat~htate LS 17 (Chamber A) I LS $21,510 00 $21,510 000 $21,510 00 $9 00
74 Rehab~htata LS 17 (Chamber B) I LS $9,497 O0 $9,497 00 0 $9,497 00 $9 00
75 Reha~lltats exist San Manhole at Sta 7+30 I L$ $3,905 00 $3,905 00 0 5 $3,905 00 $1,952 50
76 Bypass Pumping Operation I L$ $8,460 00 $8,460 00 I $8,460 00 ' $8,460 00
77 ProJect Identification Sign I EA I $500 00 $500 00 0 $500 00 $0 00
78 Survey Equipment I LS $12,000 00 $]2,000 oo 0 $]2,000 00 $0 oo
79 Video Allowance ] L$ , SI,000 00 $],000 oo ] $1,000 00 $],000 oo
80 Uahty Allowance I L$ [ $25,000 00 $25,000 000 66 $25,000 00 $[6,600 oo
81 Landscaping Allowance ! [ LS $15,00000 $15,00000 0 $]5,00000 $000
82 Irldel/lnlfiCahon [ ! LS $1000 $1000 I $1000 $1000
83 Remove exist Stonnwater Pipe 533 : LF S15 00 $7,995 00 440 $15 00 S6,600 00
=hangs Order #1 - Ingmham Water main
2 Maintenance of Traffic I I LS $1,20000 $1,20000 I $1,20000 $1,20000
3l 8" PVC (C-900) Water Mare 600 L[: $27 00 $16,200 00 600 $27 00 S 16,200 00
32 8" Gate Valve 8 FA $858 00 [ $6,864 00 $ $858 00 $6,864 00
8" Lmw Stop 2 EA $6,500 00 $13,000 00 0 $6,500 00 $0 00
36 Ftre Hydrant Assembly I EA $],869 00 $1,869 00 I $1,869 00 $1,869 00
37 iF]il & Flush Assembly 2 EA $985 00 $ ] ,970 002 $985 00 $1,970 00
38 Sample Point 2 EA $320 00 $640 00 2 $320 00 $640 00
39 Connect to I~xistlllg Water ]Vista 2 EA $1,125 00 $2,250 00 2 $1,125 00 $2,250 00
39 2" Jumper Connection ] EA $1,500 00 $],500 00 I $1,500 O0 $1,500 00
40 Memove Eyastinig Water Mares 600 LF $1200 $7,20000 600 $1200 $7,20000
4] Single Water Serwces 5 EA $473 00 $2,365 O0 5 $473 00 $2,365 O0
42 Double Water Servlc, e~ ] FA $561 00 $561 00 ] , $56] 00 $561 00
43 Rear yard Water ~erv~ce Connections 0 EA $],t 57 00 $0 O0 0 $],157 00$0 00
80 Uuhty Allowance I LS $30,000 00 $30,000 O0 0 $10,000 00$0 00
12/6/2001. I Week-end ms]alia]ton of sam]sty sewer serwce0 L$ $2,583 39 $9 O0 I $2,583 39 $2,583 39 8
Page 2 of 4
CiTY OF DELRAY BEACH
VENETIAN DRIVE INFRASTRUCTURE
IMPROVEMENTS
PROJECT No 2000-010
BID No 2000-029
Change Order #2, Final
Schedule A
Additional Time
CONTRACT AS-BUILT
(Hrs)
i Item # Description Qty. rI Units Umt Pr]ce Total Qty. Umt Pr]ce Total
12/6/2001 - 2 Remove, cut and reset MH# 10 0 LS $3,610 671 $0 00 I $3,6t0 67' $3,610 87
1/12/2001 - 1 12/11 - Repair 6" and 2" W&ter mare - [ngrahma 0 L$ $1,340 0(] $0 00 I $1,340 0C $1,340 O0 48
1/12/2001 - 1 12/12 - rcpetr 6" water Ham - ln~raham 0 L$ $870 O~ $0 O0 I $670 O~ $670 O0
1/1 2/2001 - 1 12/14 - repmr crastmg clay sewer at MH #5 0 LS $1,005 0~ $0 00 I $1,005 OC Sl,005 00
1/12/2001 - 1 12/18 - rcpmr 6" water Mare - In#tahara 0 LS $1,005 OC $000 I $1,005 00 $1,005 00
1112/2001 - 1 12/19 - mptor 6" water Mare - Ingraham 0 LS $1,507 5(] $0 00 I $1,507 5(] $1,507 50
1112/2001 - t 12/20 - Repetr 6" WM / Rcm#tell samtary sewer undermined by wst~ 0 LS $2,831 25 $0 O0 I $2,831 2~ $2,831 25
1/12/2001 - 2 1/I 2 - Removedmplace sewer p~pedn¢ to relocaaon of MH # 10 0 LS $1,005 O~ $0 00 I $1,005 0C $1,005 O0 4
1/12/2001-3 ll/20-H~tanunmmkcd~cwer, n:peucd 0 L$ $1,00500 $000 I $1,0050C $1,00500 4
1/t 2/2001 - 4 10/19 - Repair storm dram collapsed duc to poor condmon of pipe 0 LS $2,538 02 $0 00 1 $2,538 02 $2,538 02
2/19/2001 - 1 1/I9 - Repetr 6" Water mare 0 LS $1,587 34 $0 00 I $1,587 34 $1,587 34
2/19/2001.2 1/10 - Offset nmv water mare to avmd eyastmg concrcto thrust block 0 LS $4,368 67 $0 00 I $4,368 67 $4,368 67
oa 6" Water Mare
2119/2001 - 3 I/3 [ - Replace 2" wat~' mare on comer of Venc~aan and In#tahara 0 LS $673 48 $0 00 t $573 48 $573 48
2/19/2001.4 1/1 ! - Replace 2" warn- mm south of mtersectmn o£1ngrabam / 0 LS $1,990 62 $0 00 1 $1,990 62 $1,990 62
4/12/2001 - 1 2/I 5 - P~nnect 4" Water Mare to Venetmn Gardens Condo 0 LS $1,369 72 $0 0~ ] $1,369 72 $1,369 72
4/27/2001 - 1 4/17.1ncteaset~e-md]a~S~S-4£rornlO"to16" 0 L$ $972~ SOOt} I $972 8~ $97266
4/27/2001 - 2 Adjust top at MH #7 to grade 0 LS $362 01 S0 00 I $362 01 $362 01 0
4/30/2001 - 1 4/18 - AdJust top on MH #7, 89, #9A to grade§ LS $1,013 6~ $0 00 I $1,013 60 $1,013 6S 24
4/30/2001 - 2 4/30 - Repair S" WM 0 LS $4,219 92 $0 00 I $4,21 g 82, $4,219 92 8
5/8/2001-14/26 - Adjust top on MH #3, #4 to grade 0 L$ $89587 $000 I $89587 $89587
5/8/200t - 2 AdJust top at MH #1 to grade 0 LS $980 5; $0 00 I $980 5; $9a0 69 8
6/6/2001 - 1 Rcwse pavemcot section 15+00 to 19+50 W/3" asphalt base 0 LS $11,000 00 $0 O0 I $11,000 00 SI 1,00§ 00 0
71912001 - 1 Reconstruct driveways at 208, 210, 212 and 214 Venetmn Drive 0 LS $6,062 98 $0 00 I $5,062 9G $5,062 99 16
7/9/2001 - 2 5/I 5 - Reconstruct driveways at 122, ] 28 and 132 Vcnettan D~ve 0 LS $1,266 33 $0 00 [ $1,266 32 $1,266 33 4
7/6/2001 - 3 5/16 - Rework base and asphalt (Sta 27+40) at dn~way connectton 0 LS , $563 3(] $0 00 I $563 35 $563 35 4
719/2001-4AdJust top at MH #4 to grade 0 LS $51410 $000 I $514 lgI $51419 4
7/9/200t - 5 6/I 1 - Lower deamage pipe between S-~-5 and S-14 to avmd eom'bet 0 L$ $1,153 81 $O O0 ] $t,153 81 $1,153 ~1 8
wtth ~xastm# water and samtery
7/24/2001 - 1 7/6 - 7/10 Rework roadway cormccttons at Bay St and Nassau St 0 LS $4,685 7(] $0 00 I $4,fl85 70 $4,685 76 36
7/24/2001 - 2 7/26 - Re'work driveway connectmns betwcca Nassau and Bay St 0 L$ $1,841 62 $0 00 I $1,841 52 SI,MI 52 8
5/16/2001 - 1 S~duwalk poured m mm,surface not accepled,coatog apphed to 0 LS ($500 00) $0 O0 I ($500 00 ($500 00' 0
11/6/2001 - 1 Rental of bypass pumping equipment for delayms ae-m 0 LS i $2,796 62 $0 00 I $2,796 6~ $2,796 62 56
11/6/2001 - 1 Use of C~ty pump for bypess panapms 0 LS ($2,796 52) $0 00 I ($2,796 62) ($2,796 62' 0
t 1/612001 - 2 accomadate gravtty system mvcrt 0 L$ $2,001 93 $0 00 1 $2,001 93 $2,0~1 93 8
Addlbonal work and extra ~amo mcurr~d by Telcon, lnc at the
11/6/2001 - 3 mte~ectmn of lngraham and Macfarlane due to c~ustms utd]t~es not 0 LS $6,005 8~ $0 00 ] $6,005 8~ $6,005 85 28
configurstmn 0 LS $2,512 97 $0 00 I $2,612 97 $2,512 97 8
11/6/2001 - 5 Macfarlaac and Ingrabem, mstell new structure on the NE comer of 0 LS $1,906 O~ $0 00 I $t ,908 07 $1,908 07 8
12/20/2001Addflaonal smpe (one included m contract), replace all car stops 0 EA $22 00 $0 00 129 $22 00 $2,838 00 0
12/20/200t Driveway reconsmactmn (Sta 20+00) 0 LS $2,449 84 $0 00 I $2,449 ~ $2,449 M 24
Page 3 of 4
CITY OF DELRAY BEACH
VENETIAN DRIVE INFRASTRUCTURE
IMPROVEMENTS
PROJECT No 2000-010
BID No 2000-029
Change Order #2, Final
Schedule A
Additional T~me
CONTRACT AS-BUILT
(Hrs)
Item # De~cnp~on I Qty. Umts Umt Pnce Total Qty. Umt Price Total
9/1712001 - 1, Ram Daysl122/Ol,3/19/Ol,~/25/Ol,$/l-3/01,9/l t-14/Ol 0 LS $0 O0 $0 O0 t $0 O0 $0 O0 80
12119/01
Ltqulflated Damages I 0f27/01 Subst (day 300) - Contract Subst
$/1 l/Ol (day 13 I) + 5S days per C02 = 111 days x $500 O0/day = ($55,500 00) $0 O0 I ($55,500 00){ ($55,500 00'
otal $1,527,914.00 $1,262,247.20 dfl4. Hour~
__ or 58 Days
Page 4 of 4
Agenda Item No. ~' ~ '
Request to be placed on:
AGENDA REQUEST
Date: December 27, 2001
---X----Regular Agenda
~ Special Agenda
~ Workshop Agenda
When: January 8, 2002
Description of item (who, what, where, how much): Attached for Commission approval is an
agenda request for closeout Change Order #2, Final to Telcon, Inc on the Venetian Drive
Infrastructure Improvements, PN 00-'10. It is for the final plus/minus quantity adjustments;
miscellaneous changes to the original Contract, Change Order #1 for Ingraham water main
replacement and liquidated delay damages. Change Order #2, Final isa net deduct amount of
$265,666.80.
A request is also made for final payment in the amount of $138,451.62 to Telcon, Inc. A
Contractor Evaluation form is attached for your review.
Residual funds to be liquidated from PO#587979 to 370-3162-541-65.42 (2000 Bond - Barrier
Island) for $180,779.39; 448-5461-538-65.09 (Storm Water - Venetian) for $25,000.00; 442-
5178-536-65.09 (W/S R&R Venetian Drive) for $59,887.41
ORDINANCE/RESOLUTION REQUIRED. Not required.
Recommendation: Staff recom.mefJds awajr, d-~ Change/Order
Department head signature: (~( ~--~~
Determination of Consistency with Comprehensive Plan:
and Final Payment to Telcon, ~,~..~
/./," t
City Attorney Review/Recommendation if applicable):
Budget Director Review (real,ed on all items involving expenditure of funds):
Funding available: E~..~NO
Funding alternatives (if applicable):
e
Account No. & Des..gription
Account Balance ~_~.~//~,(
City Manager Review:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:~. A0010~agreq1010802
CITY OF DELRAY BEACH
CONTRACTOR'S PROJECT PERFORMANCE REPORT
PERFORMANCE
RATING
AVERAGE
[] []
I-1DDDODOOC
PROJECT: Venetian Drive Infrastructure Improvments
PROJ. #: 00-10
DATE: January 3, 2002
4341 N.W. 19~ Avenue..
(Mailing Address)
Pompano Beach, FL 33064
(City, State, Zip)
Telcon, Inc
(Contractor Name)
Paving, Grading and Utilities
(Type of Work
$1,262,934.19
($ Amount)
GRADING INSTRUCTIONS
This report contains two sections, SECTION I, "MANAGEMENT AND ORGANIZATION
OF THE WORK", and SECTION II, '~/VORK PERFORMANCE".
Contained in each SECTION listed under Topic Statements (A., B., C., etc.), are Items,
(1., 2., 3., etc.), to be graded by the Project Engineer as follows:
1 - Unsatisfactory
2 - Marginal
3 - Satisfactory
4 - Above Satisfactory
5 - Excellent
The overall average of both these sections is listed above as the Performance Rating
Average based on the 1-5 scale above.
Section I Score
Section II Score
30.0 / 14 = 2.14 Points
72.0/ 32 = 2.25 Points
Overall Score
102.01 46 = 2.22 Points
SECTION I
MANAGEMENT AND ORGANIZATION OF THE WORK
A. Effectiveness of supervision in
organizing construction operations
control.
1. Preconstruction Conference preparation and presentation. 3.0
2. Adequacy in maintaining their proposed work schedule and preventlng delays of stoppages in
particular phases or overall project completion. 1.0
3. Coordination and supervision of subcontractors to insure quality control and contract
compliance. 2.0
4. Knowledge of supervisory personnel regarding specifications, plans and special provisions. 2.0
5. Supervision of work crews. 2.0
6. Preparation of shop drawings and submittals. 3.0
B. Negotiation of Contract modifications, project record-
keeping and project documentation.
1. Organization and completeness of data submitted for potential claims, extra work and time
extensions. 2.0
2. Organization and availability of project records. 3.0
3. Furnlshlng of required certifications of materials, delivery t~ckets and invoices. 3.0
Ce
scheduling the work,
and providing quality
Working relationship with City personnel responsible for
administration of the Contract requirements and inspection
of the work.
1. Notifying the City of problems before the work zs contznued. 2.0
2. Effecting changes within the scope of the Contract as instructed by the City. 2.0
3. Informing City Construction Management personnel in advance of scheduled day to day items
of work. 1.0
4. Responding to correspondence from the City. 2.0
5. Properly notifying the City in advance of job changes and shut-down for Holidays, adverse
weather, leaving the ]ob or other circumstances. 2.0
SECTION I TOTAL ( 30.0 )
SECTION II
WORK PERFORMANCE
A. Prosecution of the Work.
1. Effort to complete the work within Contract time plus authorized extensIons. 0.5
2. Punctuality in starting the work and completing critical intermediate phases. 1.0
3. Effort in performing work on all productaon items available throughout the pro]ect. 1.5
4. Manpower commatment an perform the work. 1.5
5. Knowledge and competency of work force in performance of assigned lob duties. 2.0
6. Accuracy and dependabal~ty survey layout. 3.0
7. Cooperation in performance of work w~th local citizens, (dust control, accessibilIty,
restoration). 2.5
8. Availability of project superintendent. 2.5
B. Work effort and product ~.~ality control.
1. Quality of work completed. 2.0
2. Allowance of sufflcaent time for ]ob sate sampling and testing of materials before
proceeding with the work. 3.0
3. Effort to provide and maintain adequate survey station markers and grades. 3.0
4. Pre-planning on complicated work to assure a smooth operations. 2.0
5. Quality of the work with normal inspection. 2.5
C. Scheduling and controlling of construction activities to
minimize the impact on traffic through the construction
zone, access to adjacent property and protection of the
general public.
1. Maintenance and laghtlng of approach warning s~gns and barricades both day and naght. 2.5
2. Adequacy of traffic flagman, ~nclud~ng tralnang and equipment. 2.5
3. Response time in correcting jobslte condatlons hazardous to the general public. 2.0
4. Signing, (InformatIonal, special detour, lane closure, etc.), including required
striping and maintenance. ~ 2.0
5. Protectang and malntainang required access to adjacent property including use and
maintenance of erosion control devices. 2.0
6. Securlng project at the end of each workday, weekends and holadays. 2.0
Sufficiency of appropriate equipment to prevent downtime
and provide safe production of a quality product.
1. Avallabilmty of sufficient equipment for performance of the work. 2.0
2. Service and repair of equapment to ansure a quality product. N/A
3. Use of proper equipment on desIgnated work. 3.0
4. Operator performance on equapment beang utilazed. 3.5
5. Utilization of trained and competent personnel for all equapment. 3.0
E. Compliance with E.E.O., labor, training and on-site safety.
1. Maintenace of the worksite in a safe and clean condition. 2.0
2. Employees adherence to Contractors safety policy and City safety requirements. 2.5
3. Furnishing a certified payrolls both for contractor and his subcontractors as required. 3.5
F. Interface with utility companies in adjusting, relocating
or install facilities concurrent with construction.
1. Providing required notice to the City regarding planned operations affected by utilltles. 2.5
2. Coordination with utility companies in protection of existing facilities. 2.5
3. Effort to work with utility companies as necessary in correcting unforeseen problems. 2.5
G. Final completion of the project.
1. Effort in expediting project clean-up. 1.0
2. Effort in minimizing punch list items. 1.0
3. Submission of all final paperwork and documentation. 2.0
SECTION II TOTAL ( 72.0 )
PROJECT MANAGERS REMARKS SUPPORTING GRADES
Submitted:
~<Tz~Deputy Dir~5~ of
Construction
Date / /~/~/
I I
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
www delrayesd corn
DAVID HARDEN
City Manager
/I/I
Deputy Directo~ Construction
SE/SW AREA INFRASTRUCTURE IMPROVEMENTS, PN 2000-046
Contract quantity adjustments - Change Order #2
DATE:
DECEMBER 27, 2001
Attached is an Agenda Request for City Commission to approve a Change Order #2 to Florida Blacktop,
Inc. in the amount of $70,:~90.52 on the above referenced project. It is required to increase/decrease
quantities as needed for the final measured actual paving and concrete quantities constructed as compared
to the current Contract quantities. The items and unit prices are detailed on Schedule A attached, to
Change Order #2.
Funding is available from 370-3162-541-65.45 (2000 Road bond - SE/SW Area). A budget transfer is
attached
CC:File 00-46 (A)
s\..\0046\agmembidaward 010802
S ~Eng.4dmtn~Projects~2000~2000-O461CONSTRC~co2mem-O10802 doc g. ~
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 2 PROJECT NO. 00-46 DATE:
PROJECT TITLE: SE/SW Area Improvements
TO CONTRACTOR: Florida Blacktop, Inc..
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Plus/minus quantity adjustments 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
TOTAL PER CENT INCREASE TO DATE 15.8%
$ 1,133,442,.03
$ 109,762.59
$ 1,243,204.62
$ 70,390.52
$ 1,313,595.14
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.
Florida Blacktop, Inc
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from 370-3162-541-65.45 (2000 Road bond- SE/SW Area).
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Environmental Services
APPROVED:
By:
Mayor
ATTEST:
By:
City Attorney City Clerk
SE/SW Area Infrastructure Improvements
City Project No. 2000-046
Florida Blacktop, Inc.
Schedule A - C.O. #2
CONTRACT AS-BUILT
Thru C O #1
+/- Difference (C O.
Item # I)eseeiptioa Est. Qty. Units Unit Price Total Qty Unit Pnce Total #2 Amount)
8 Concrete Curbs & Gutters 643 LF$14 06 $9,040 58 974 I $14 06 / $13,694 44 $4,653 86
9 1" 'Type S-111Asphalbc Surface Course 1,250 TON $6000 $75,00000 2,035 $6000 $122,1DO DO $47,10000
10 1-1/2" Type S-111 Asphalbc/12" Lime Roc~ Base 689 YD2 $30 D0 $20,670 DO 972 $30 00 $29,160 DO $8,490 DO
11 Proposed Asphalt DnYeway Apron , t ,580 YD2 $20 DO $3 !,600 00 1,731 $20 00 $34,620 DO $3,020 00
12 FT2 $3 32 $66,400 DO 24,166 $3 32 $80,231 12 $13,831 12
Proposed Concrete Driveway Apron 20,000
13 Proposed Sidewalk Reconstrucaon 7,500 FT2 $2 94 $22,050 00 , $38,781 54 $16,731 54
$271,560.58 $341,951.10 $70,390.52
-
Contract Addition - C.O. #2 Amount
Request to be placed on:
AGENDA REQUEST
Date December 27, 2001
---X ..... Regular Agenda
__ Special Agenda
__ Workshop Agenda
When: January 8, 2001
Description of item (who, what, where, how much): Attached is an Agenda Request for City
Commission to approve a Change Order #2 to Florida Blacktop, Inc. in the amount of $70,390.52 on the
above referenced project. It is required to increase/decrease quantities as needed for the final measured
actual paving and concrete quantities constructed as compared to the current Contract quantities. The
items and unit pnces are detailed on Schedule A attached, to Change Order #2
Funding is available from 370-3162-541-65.45 (2000 Road bond - SE/SW Area).
ORDINANCE/RESOLUTION REQUIRED. Not required.
Recommendation: Staff recor~ff~ds award of Change Order #2 to Florida Blacktop, Inc.
Department head signature: Q_~I~ ~-~ ~~ ,~O'Z.~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re,~i~,~ed on all items involving expenditure of funds):
Funding available:(~ES~lO
Funding alternatives-ITl appl~-~l~.'
Account No. & Description ..~7'0 - ,.~/~o~ - ~.'~/~5"', ~5" ..J ~-/,.~c~
Account Balance .5~ ~z~c h~_- r-J ~./! c~ c4 ~ ~" ~'~ ~ Z ~ ~"~,..~
City Manager Review: {~ ~ ~
Approved for agenda: NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\..\0046~agreq 1101001
[lTV OF DELRrI¥ BEI:I[H
CiTY ATTORNEY'S OFFICE ~oo ~w
TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
December 18, 2001
City Commission
Susan A. Ruby, City Attorney
Resolution Adopting the Amended
Documents
Writer's D~rect Line: 561/243-7091
and Restated Plan and Trust
Certain changes have been made to the ICMA 457 Plan reflecting changes in the
law as a result of the passage of the Economic Growth and Tax Relief
Reconciliation Act of 2001 (EGTRRA). These new provisions will be automatically
implemented, however the passage of this resolution will assist us in maintaining
our records.
Please call if you have any questions.
By copy to David Harden, City Manager, please place this resolution on the
January 8, 2002 consent agenda for approval.
SAR:ci %
Attachment
CC:
Joe Safford, Finance Director
Glenda Rivera, Payroll Administrator
RESOLUTION NO. 2432
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING THE AMENDED AND
RESTATED PLAN AND TRUST DOCUMENT FOR THE ICMA
RETIREMENT CORPORATION SECTION 457 DEFERRED
COMPENSATION PLAN EFFECTIVE JANUARY 1, 2002; PROVIDING
THAT THE ASSETS OF THE PLAN SHALL BE HELD IN TRUST FOR
THE EXCLUSIVE BENEFIT OF PLAN PARTICIPATES AND THEIR
BENEFICIARIES; PROVIDING THAT THE PLAN WILL NOT PERMIT
LOANS; PROVIDIING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach has previously established and maintains a deferred
compensation plan for certain of its employees which is administered by the ICMA Retirement Corporation
ICMA-RC); and,
WHEREAS, the City's deferred compensation plan benefits the City and its employees by providing
reasonable retirement security for employees and increased flexibility in the City's personnel management
system, and by assisting in the attraction and retention of competent personnel; and,
WHEREAS, the ICMA-RC is using a negative election process wherein no notification is necessary to
ICMA-RC to take advantage of changes in the law; and,
WHEREAS, however, the City for its own record keeping seeks to adopt this resolution which adopts
the amended and restated plan; and,
WHEREAS, amendments to the U.S. Internal Revenue Code have been enacted that require changes
to the structure of and allow enhancements of the benefits of the deferred compensation plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City hereby adopts the restated ICMA Retirement Corporation Deferred
Compensation Plan and Trust (the "Plan"), attached hereto and made a part hereof as Appendix "A".
Section 2. That the assets of the Plan shall be held in trust, with the City serving as Trustee, for
the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to
any other purpose. The City hereby agrees to serve as trustee under the Plan. The Trustee's beneficial
ownership of Plan assets held in the ICMA Retirement Trust shall be held for the further exclusive benefit of
the Plan participants and their beneficiaries.
Section 3. That the Plan will not permit loans to participants.
PASSED AND ADOPTED in regular session on this the .... day of January, 2002.
ATFEST:
MAYOR
City Clerk
2 RES. NO. 2~02
Deferred
Compensation
PLAN & TRUST
DOCUMENT
APPENDIX A
ICMA RETIREMENT CORPORATION
The public service Vantagepomt® since 1972
DEFERRED COMPENSATION PLAN & TRUST
As Amended and Restated Effective January 1, 2001
Article I. Purpose
The Employer hereby establishes the Employer's Deferred Compensation Plan and Trust, hereafter referred
to as the "Plan." The Plan consists of the provisions set forth in this document.
The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employ-
ees of the Employer and the Employees' Beneficiaries in accordance with the provisions of Section 457 of the
Internal Revenue Code of 1986, as amended (the "Code").
This Plan shall be an agreement solely between the Employer and participating Employees. The Plan and
Trust forming a part hereof are established and shall be maintained for the exclusive benefit of Participants
and their Beneficiaries. No part of the corpus or income of the Trust shall revert to the Employer or be used
for or diverted to purposes other than the exclusive benefit of Participants and their Beneficiaries.
Article II. Definitions
2.01 Account: The bookkeeping account maintained for each Participant reflecting the cumulative amount
of the Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in
market value attributable to the Employer's investment of the Participant's Deferred Compensation, and
further reflecting any distributions to the Participant or the Participant's Beneficiary and any fees or expenses
charged against such Participant's Deferred Compensation.
2.02 Accounting Date: Each business day that the New York Stock Exchange is open for trading, as pro-
vided in Section 6.06 for valuing the Trust's assets.
2.03 Administrator: The person or persons named to carry out certain nondiscretionary administrative
functions under the Plan, as hereinafter described. The Employer may remove any person as Administrator
upon 60 days' advance notice in writing to such person, in which case the Employer shakl name another
person or persons to act as Administrator. The Administrator may resign upon 60 days' advance notice in
writing to the Employer, in which case the Employer shall name another person or persons to act as Admin-
istrator.
2.04 Automatic Distribution Date: Prior to January 1, 2002, "Automatic Distribution Date" means the
60th day of the calendar year after the Plan Year of the Participant's Retirement or any other date permitted
under the regulations promulgated under Code section 457. On and after January 1, 2002, "Automatic
Distribution Date" means April 1 of the calendar year after the Plan Year the Participant attains age 70-1/2
or, if later, has a Severance Event.
2.05 Beneficiary: The person or persons designated by the Participant in ~is or her Joinder Agreement who
shall receive any benefits payable hereunder in the event of the Participant's death. In the event that the
Participant names two or more Beneficiaries, each Beneficiary shall be entitled to equal shares of the benefits
payable at the Participant's death, unless otherwise provided in the Participant's Joinder Agreement. If no
beneficiary is designated in the Joinder Agreements if the Designated Beneficiary predeceases the Participant,
or if the designated Beneficiary does not survive the Participant for a period of fifteen (15) days, then the
estate of the Participant shall be the Beneficiary. Ifa married Participant resides in a community or marital
property state, the Participant shall be responsible for obtaining appropriate consent of his or her spouse in
the event the Participant designates someone other than his or her spouse as Beneficiary.
2.06 Deferred Compensation: The amount of Normal Compensation otherwise payable to the Participant
which the Participant and the Employer mutually agree to defer hereunder, any amount credited to a Partici-
pant's Account by reason of a transfer under Section 6.09, a rollover under Section 6.10, or any other
amount which the Employer agrees to credit to a Participant's Account.
2.07 Dollar Limitation: The applicable dollar amount within the meaning of Section 457(b)(2)(A) of the
Code, as adjusted for the cost-of-living in accordance with Section 457(e)(15) of the Code.
2.08 Employee: Any individual who provides services for the Employer, whether as an employee of the
Employer or as an independent contractor, and who has been designated by the Employer as eligible to
participate in the Plan.
2.09 Employer: , which is a political subdivision, agency or
instrumentality of the [State/Commonwealth] of , within the
meaning of Section 414(d) of the Code and Section 3(32) of the Employee Retirement Income Security Act
of 1974, as amended ("ERISA").
2.10 457 Catch-Up Dollar Limitation: Prior to January 1, 2002, "457 Catch-Up Dollar Limitation"
means $15,000. On and after January 1, 2002, "457 Catch-Up Dollar Limitation" means twice the Dollar
Limitation.
2.11 Indudible Compensation: The amount of an Employee's compensation from the Employer for a
taxable year that is attributable to services performed for the Employer and that is includible in the Employ-
ee's gross income for the taxable year for federal income tax purposes as defined in Section 457(e)(5) of the
Code; such term does not include any amount excludable from gross income under this Plan or any other
plan described in Section 457(b) of the Code or any other amount excludable from gross income for federal
income tax purposes. Includible Compensation shall be determined without regard to any community
property laws.
2.12 Joinder Agreement: An agreement entered into between an Employee and the Employer, including
any amendments or modifications thereof. Such agreement shall fix the amount of Deferred Compensation,
specify a preference among the investment alternatives designated by the Employer, designate the Employee's
Beneficiary or Beneficiaries, and incorporate the terms, conditions, and provisions of the Plan by reference.
2.13 Normal Compensation: The amount of Compensation which would be payable to a Participant by
the Employer for a taxable year if no Joinder Agreement were in effect to defer compensation under this
Plan.
2.14 Normal Limitation: The maximum amount of Deferred Compensation for any Participant for any
taxable year (other than amounts referred to in Sections 6.09 and 6.10).
2.15 Normal Retirement Age: Age 70-1/2, unless the Participant has elected an alternate Normal Retire-
ment Age by written instrument delivered to the Administrator prior to a Severance Ev~r~t.' A Participant's
Normal Retirement fi~ge determines the period during which a Participant may utilize the 457 Catch-Up
Dollar Limitation of Section 5.02(b) hereunder. Once a Participant has to any extent utilized the catch-up
limitation of Section 5.02(b), his Normal Retirement Age may not be changed.
A Participant's alternate Normal Retirement Age may not be earlier than the earliest date that the Participant
will become eligible to retire and receive unreduced retirement benefits under the Employer's basic retire-
ment plan covering the Participant and may not be later than the date the Participant will attain age 70-1/2.
If a Participant continues employment after attaining age 70-1/2, not having previously elected alternate
Normal Retirement Age, the Participant's alternate Normal Retirement Age shall not be later than the
mandatory retirement age, if any, established by the Employer, or the age at which the Participant actually
has a Severance Event if the Employer has no mandatory retirement age. If the Participant will not become
eligible to receive benefits under a basic retirement plan maintained by the Employer, the Participant's
alternate Normal Retirement Age may not be earlier than age 55 and may not be later than age 70-I/2.
2.16 Participant: Any Employee who has joined the Plan pursuant to the requirements of Article IV.
2.17 Percentage Limitation: Prior to January 1, 2002, the Percentage Limitation means 33 1/3 percent of
the participant's Includible Compensation for the taxable year, which will ordinarily be equivalent to the
lesser of the Dollar Limitation in effect for the taxable year or 25 percent of the Participant's Normal Com-
pensation. After December 31, 2001, the Percentage Limitation means 100 percent of the participant's
Includible Compensation for the taxable year, which will ordinarily be equivalent to the lesser of the Dollar
Limitation in effect for the taxable year or 50 percent of the Participant's Normal Compensation.
2.18 Plan Year: The calendar year.
2.19 Retirement: The first date upon which both of the following shall have occurred with respect to a
participant: Severance Event and attainment of age 65.
2.20 Severance Event: Prior to January 1, 2002, severance of the Participant's employment with the Em-
ployer that constitutes a "separation from service" within the meaning of Section 402(e)(4)(D)(iii) of the
Code. After December 31,2001, a Severance Event means a severance of the Participant's employment with
the Employer within the meaning of Section 457 (d) (1) (A) (ii) of the Code.
In general, a Participant shall be deemed to have experienced a Severance Event for purposes of this Plan
when, in accordance with the established practices of the Employer, the employment relationship is consid-
ered to have actually terminated. In the case of a Participant who is an independent contractor of the Em-
ployer, a Severance Event shall be deemed to have occurred when the Participant's contract under which
services are performed has completely expired and terminated, there is no foreseeable possibility that the
Employer will renew the contract or enter into a new contract for the Participant's services, and it is not
anticipated that the Participant will become an Employee of the Employer, or such other events as may be
permitted under the Code.
2.21 Trust: The Trust created under Article VI of the Plan which shall consist of all compensation deferred
under the Plan, plus any income and gains thereon, less any losses, expenses and distributions to Participants
and Beneficiaries.
Article IlL Administration
3.01 Duties of the Employer:. The Employer shall have the authority to make all discretionary decisions
affecting the rights or benefits of Participants which may be required in the administration of this Plan. The
Employer's decisions shall be afforded the maximum deference permitted by applicable law.
3.02 Duties of Administrator: The Administrator, as agent for the Employer, shall perform
nondiscretionary administrative functions in connection with the Plan, including the maintenance of Par-
ticipants' Accounts, the provision of periodic reports of the status of each Account, and the disbursement of
benefits on behalf of the Employer in accordance with the provisions of this Plan.
Article IV. Participation in the Plan
4.01 Initial Participation: An Employee may become a Participant by entering into a Joinder Agreement
prior to the beginning of the calendar month in which the Joinder Agreement is to become effective to defer
compensation not yet earned, or such other date as may be permitted under the Code.
4.02 Amendment of Joinder Agreement: A Participant may amend an executed Joinder Agreement to
change the amount of Normal Compensation not yet earned which is to be deferred (including the reduc-
tion of such future deferrals to zero). Such amendment shall become effective as of the beginning of the
calendar month commencing after the date the amendment is executed, or such other date as may be per-
mitted under the Code. A Participant may at any time amend his or her Joinder Agreement to change the
designated Beneficiary, and such amendment shall become effective immediately.
Article V. Limitations on Deferrals
5.01 Normal Limitation: Except as provided in Section 5.02, the maximum amount of Deferred Com-
pensation for any Participant for any taxable year, shall not exceed the lesser of the Dollar Limitation or the
Percentage Limitation.
5.02 Catch-Up Limitations:
(a)
Catch-up Contributions for Participants Age 50 and Over: A Participant who has attained the
age of 50 before the close of the Plan Year, and with respect to whom no other elective deferrals
may be made to the Plan for the Plan Year by reason of the Normal Limitation of Section 5.01,
may enter into a Joinder Agreement to make elective deferrals in addition to those permitted by
the Normal Limitation in an amount not to exceed the lesser of (1) the applicable dollar amount
as defined in Section 414(v)(2)(B) of the Code, as adjusted for the cost-of-living in accordance
with Section 414(v) (2)(C) of the Code, or (2) the excess (if any) of (i) the Participant's compen-
sation (as defined in Section 415(c)(3) of the Code) for the year, over (ii) any other elective
deferrals of the Participant for such year which are made without regard to this Section 5.02(a).
An additional contribution made pursuant to this Section 5.02(a) shall not, with respect to the
year in which the contribution is made, be subject to any otherwise applicable limitation con-
tained in Section 5.01 above, or be taken into account in applying such limitation to other
contributions or benefits under the Plan or any other plan. This Section 5.02(a) shall not apply
in any year to which Section 5.02(b) applies. The provisions of this Section 5.02(a) of the Plan
shall only apply on and after January 1, 2002.
(b)
Last Three-Years Catch-up Contribution: For each of the last three (3) taxable years for a Partici-
pant ending before his or her attainment of Normal Retirement Age, the maximum amount of
Deferred Compensation shall be the lesser off (1) the 457 Catch-Up Dollar Limitation, or (2)
the sum of (i) the Normal Limitation for the taxable year, and (ii) the Normal Limitation for
each prior taxable year of the Participant commencing after 1978 less the amount of the Partici-
pant's Deferred Compensation for such prior taxable years. A prior taxable year shall be taken
into account under the preceding sentence only if (x) the Participant was eligible to participate in
the Plan for such year (or in any other eligible deferred compensation plan established under
Section 457(b) of the Code which is properly taken into account pursuant to regulations under
Section 457), and (y) compensation (if any) deferred under the Plan (or such other plan) was
subject to the Normal Limitation.
5.03 Other Plans: Notwithstanding any provision of the Plan to the contrary, the amount excludible from
a Participant's gross income under this Plan or any other eligible deferred compensation plan under Section
457(b) of the Code shall not exceed the limits set forth in Sections 457(b) and 414(v) of the Code. Prior to
January 1, 2002, the limits under Section 457(b) of the Code described in the first sentence of this Section
5.03 shall be further reduced by any amount excluded from gross income under Sections 401 (k), 402(e)(3),
402(h)(1)(B), and 403(b) of the Code, or any amount with respect to which a deduction is allowable by
reason of a contribution to an organization described in Section 501(c)(18) of the Code.
Artide VI. Trust and Investment of Accounts
6.01 Investment of Deferred Compensation: A Trust is hereby created to hold all the assets of the Plan
for the exclusive benefit of Participants and Beneficiaries, except that expenses and taxes may be paid from
the Trust as provided in Section 6.03. The trustee shall be the Employer or such other person that agrees to
act in that capacity hereunder.
6.02 Investment Powers: The trustee or the Administrator, acting as agent for the trustee, shall have the
powers listed in this Section with respect to investment of Trust assets, except to the extent that the invest-
ment of Trust assets is directed by Participants, pursuant to Section 6.05.
(a)
To invest and reinvest the Trust without distinction between principal and income in common or
preferred stocks, shares of regulated investment companies and other mutual funds, bonds, loans,
notes, debentures, certificates of deposit, contracts with insurance companies including but not
limited to insurance, individual or group annuity, deposit administration, guaranteed interest
contracts, and deposits at reasonable rates of interest at banking institutions including but not
limited to savings accounts and certificates of deposit. Assets of the Trust may be invested in
securities that involve a higher degree of risk than investments that have demonstrated their
investment performance over an extended period of time.
(b)
To invest and reinvest all or any part of the assets of the Trust in any common, collective or
commingled trust fund that is maintained by a bank or other institution and that is available to
Employee plans described under Sections 457 or 401 of the Code, or any successor provisions
thereto, and during the period of time that an investment through any such medium shall exist,
to the extent of participation of the Plans the declaration of trust of such commonly collective, or
commingled trust fund shall constitute a part of this Plan.
(c) To invest and reinvest all or any part of the assets of the Trust in any group annuity, deposit
administration or guaranteed interest contract issued by an insurance company or other financial
institution on a commingled or collective basis with the assets of any other 457 plan or trust
qualified under Section 401 (a) of the Code or any other plan described in Section 401 (a)(24) of
the Code, and such contract may be held or issued in the name of the Administrator, or such
custodian as the Administrator may appoint, as agent and nominee for the Employer. During
the period that an investment through any such contract shall exist, to the extent of participation
of the Plan, the terms and conditions of such contract shall constitute a part of the Plan.
(d) To hold cash awaiting investment and to keep such portion of the Trust in cash or cash balances,
without liability for interest, in such amounts as may from time to time be deemed to be reason-
able and necessary to meet obligations under the Plan or otherwise to be in the best interests of
the Plan.
(e)
To hold, to authorize the holding of, and to register any investment to the Trust in the name of
the Plan, the Employer, or any nominee or agent of any of the foregoing, including the Adminis-
trator, or in bearer form, to deposit or arrange for the deposit of securities in a qualified central
depository even though, when so deposited, such securities may be merged and held in bulk in
the name of the nominee of such depository with other securities deposited therein by any other
person, and to organize corporations or trusts under the laws of any jurisdiction for the purpose
of acquiring or holding title to any property for the Trust, all with or without the addition of
words or other action to indicate that property is held in a fiduciary or representative capacity
but the books and records of the Plan shall at all times show that all such investments are part of
the Trust.
(f) Upon such terms as may be deemed advisable by the Employer or the Administrator, as the case
may be, for the protection of the interests of the Plan or for the preservation of the value of an
investment, to exercise and enforce by suit for legal or equitable remedies or by other action, or
to waive any right or claim on behalf of the Plan or any default in any obligation owing to the
Plan, to renew, extend the time for payment of, agree to a reduction in the rate of interest on, or
agree to any other modification or change in the terms of any obligation owing to the Plan, to
settle, compromise, adjust, or submit to arbitration any claim or right in favor of or against the
Plans to exercise and enforce any and all rights of foreclosure, bid for property in foreclosure, and
take a deed in lieu of foreclosure with or without paying consideration therefor, to commence or
defend suits or other legal proceedings whenever any interest of the Plan requires it, and to
represent the Plan in all suits or legal proceedings in any court of law or equity or before any
body or tribunal.
(g) To employ suitable consultants, depositories, agents, and legal counsel on behalf of the Plan.
(h) To open and maintain any bank account or accounts in the name of the Plan, the Employer, or
any nominee or agent of the foregoing, including the Administrator, in any bank or banks.
(i) To do any and all other acts that may be deemed necessary to carry out any of the powers set
forth herein.
6
6.03 Taxes and .Expenses: All taxes of any and all kinds whatsoever that may be levied or assessed under
existing or future laws"~pon the Plan, or in respect to the Trust, or the income thereof, and all commissions
or acquisitions or dispositions of securities and similar expenses of investment and reinvestment of the Trust,
shall be paid from the Trust. Such reasonable compensation of the Administrator, as may be agreed upon
from time to time by the Employer and the Administrator, and reimbursement for reasonable expenses
incurred by the Administrator in performance of its duties hereunder (including but not limited to fees for
legal, accounting, investment and custodial services) shall also be paid from the Trust.
6.04 Payment of Benefits: The payment of benefits from the Trust in accordance with the terms of the
Plan may be made by the Administrator, or by any custodian or other person so authorized by the Employer
to make such disbursement. The Administrator, custodian or other person shall not be liable with respect to
any distribution of Trust assets made at the direction of the Employer.
6.05 Investment Funds: In accordance with uniform and nondiscriminatory rules established by the
Employer and the Administrator, the Participant may direct his or her Accounts to be invested in one (1) or
more investment funds available under the Plan; provided, however, that the Participant's investment direc-
tions shall not violate any investment restrictions established by the Employer. Neither the Employer, the
Administrator, nor any other person shall be liable for any losses incurred by virtue of following such direc-
tions or with any reasonable administrative delay in implementing such directions.
6.06 Valuation of Accotmts: As of each Accounting Date, the Plan assets held in each investment fund
offered shall be valued at fair market value and the investment income and gains or losses for each fund shall
be determined. Such investment income and gains or losses shall be allocated proportionately among all
Account balances on a fund-by-fund basis. The allocation shall be in the proportion that each such Account
balance as of the immediately preceding Accounting Date bears to the total of all such Account balances as
of that Accounting Date. For purposes of this Article, all Account balances include the Account balances of
all Participants and Beneficiaries.
6.07 Participant Loan Accounts: Participant Loan Accounts shall be invested in accordance with Section
8.03 of the Plan. Such Accounts shall not share in any investment income and gains or losses of the invest-
ment funds described in Sections 6.05 and 6.06.
6.08 Crediting of Accounts: The Participant's Account shall reflect the amount and value of the invest-
ments or other property obtained by the Employer through the investment of the Participant's Deferred
Compensation pursuant to Sections 6.05 and 6.06. It is anticipated that the Employer's investments with
respect to a Participant will conform to the investment preference specified in the Participant's Joinder
Agreement, but nothing herein shall be construed to require the Employer to make any particular invest-
ment of a Participant's Deferred Compensation. Each Participant shall receive periodic reports, not less
frequently than annually, showing the then current value of his or her Account.
6.09
(a) Incoming Transfers: A transfer may be accepted from an eligible deferred compensation plan
maintained by another employer and credited to a Participant's Account under the Plan if (i) the
Participant has had a Severance Event with that employer and become an Employee of the
Employer, and (ii) the other employer's plan provides that such transfer will be made. The
Employer may require such documentation from the predecessor plan as it deems necessary to
effectuate the transfer in accordance with Section 457(e)(10) of the Code, to confirm that such
plan is an eligible deferred compensation plan within the meaning of Section 457(b) of the
Code, and to assure that transfers are provided for under such plan. The Employer may refuse to
accept a transfer in the form of assets other than cash, unless the Employer and the Administra-
tor agree to hold such other assets under the Plan.
Any such transferred amount shall not be treated as a deferral subject to the limitations of Artide
V, except that, for purposes of applying the limitations of Sections 5.01 and 5.02, an amount
deferred during any taxable year under the plan from which the transfer is accepted shall be
treated as if it has been deferred under this Plan during such taxable year and compensation paid
by the transferor employer shall be treated as if it had been paid by the Employer.
(b)
Outgoing Transfers: An amount may be transferred to an eligible deferred compensation plan
maintained by another employer, and charged to a Participant's Account under this Plan, if (i)
the Participant has a Severance Event with the Employer and becomes an employee of the other
employer, (ii) the other employer's plan provides that such transfer will be accepted, and (iii) the
Participant and the employers have signed such agreements as are necessary to assure that the
Employer's liability to pay benefits to the Participant has been discharged and assumed by the
other employer. The Employer may require such documentation from the other plan as it deems
necessary to effectuate the transfer, to confirm that such plan is an eligible deferred compensation
plan within the meaning of Section 457(b) of the Code, and to assure that transfers are provided
for under such plan. Such transfers shall be made only under such circumstances as are permit-
ted under Section 457 of the Code and the regulations thereunder.
6.10 Eligible Rollover Distributions:
(a) Effective Date: This Section 6.10 is effective January 1, 2002.
(b)
Incoming Rollovers: An eligible rollover distribution may be accepted from an eligible retire-
ment plan maintained by another employer and credited to a Participant's Account under the
Plan. The Employer may require such documentation from the distributing plan as it deems
necessary to effectuate the rollover in accordance with Section 402 of the Code and to confirm
that such plan is an eligible retirement plan within the meaning of Section 402(c)(8)(B) of the
Code. The Plan shall separately account for eligible rollover distributions from any eligible
retirement plan that is not an eligible deferred compensation plan described in Section 457(b) of
the Code maintained by an eligible governmental employer described in Section 457 (e)(1)(A) of
Code.
(c)
Outgoing Rollovers: Notwithstanding any provision of the Plan 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 Administrator, to have any portion of an eligible rollover distri-
bution paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
(d) 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 sub-
stantially equal periodic payments (not less frequently than annually) made for the 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
years or more; any distribution to the extent such distribution is required under Sec-
tions 401 (a)(9) and 457(d)(2) of the Code; and any distribution made as a result of an
unforeseeable emergency of the employee. For purposes of distributions from other
eligible retirement plans rolled over into this Plan, the term eligible rollover distribu-
tion shall not include the portion of any distribution that is not includible in gross
income (determined without regard to the exclusion for net unrealized appreciation
with respect to employer securities).
(2)
Eligible Retirement Plan: An eligible retirement plan is an individual retirement
account described in Section 408(a) of the Code, an individual retirement annuity
described in Section 408(b) of the Code, an annuity plan described in Sections 403(a)
or 403(b) of the Code, a qualified trust described in Section 401 (a) of the Code, or an
eligible deferred compensation plan described in Section 457(b) of the Code which is
maintained by an eligibtc governmental employer described in Section 457(e)(1)(A) of
the Code, that accepts the distributee's eligible rollover distribution.
(3)
Distributee: A distributee includes an employee or former employee. In addition, the
employee's or former employee's surviving spouse and the employee's or former em-
ployee's spouse or former spouse who is the alternate payee under a qualified domestic
relations order, as defined in Section 414(p) of the Code, are distributees with regard
to the interest of the spouse or former spouse.
(4) Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement
plan specified by the distributee.
6.t I Trustee-to-Trustee Transfers to Purchase Permissive Service Credit: All or a portion of a Partici-
pant's Account may be transferred directly to the trustee of a defined benefit governmental plan (as defined
in Section 414(d) of the Code) if such transfer is (A) for the purchase of permissive service credit (as defined
in Section 415 (n)(3)(A) of the Code) under such plan, or (B) a repayment to which Section 415 of the Code
does not apply by reason of subsection (k)(3) thereof, within the meaning of Section 457(e)(17) of the Code.
6.12 Treatment of Distributions of Amounts Previously Rolled Over From 401 (a) and 403(b) Plans
~md IR/is. For purposes of Section 72(t) of the Code, a distribution from this Plan shall be treated as a
distribution from a qualified retirement plan described in Section 4974(c)(1) of the Code to the extent that
such distribution is attributable to an amount transferred to an eligible deferred compensation plan from a
qualified retirement plan (as defined in Section 4974(c) of the Code).
6.13 Deemed IRAs: Effective for Plan Years beginning after December 31, 2002, the Employer may elect
to allow Employees to make voluntary employee contributions to a separate account or annuity established
under the Plan that complies with the requirements of Code section 408 (q) and any regulations promul-
gated thereunder. Such accounts or annuities shall meet the applicable requirements of Code sections 408 or
408A and shall be treated as an individual retirement plan that is not part of the Plan.
6.14 Employer Liability: In no event shall the Employer's liability to pay benefits to a Participant under
this Plan exceed the value of the amounts credited to the Participant's Account; neither the Employer nor
the Administrator shall be liable for losses arising from depreciation or shrinkage in the value of any invest-
ments acquired under this Plan.
Article VII. Benefits
7.01 Retirement Benefits and Election on Severance Event:
(a)
General Rule: Except as otherwise provided in this Article VII, the distribution of a Participant's
Account shall commence as of a Participant's Automatic Distribution Date, and the distribution
of such benefits shall be made in accordance with one of the payment options described in
Section 7.02. Notwithstanding the foregoing, but subject to the following paragraphs of this
Section 7.01, the Participant may elect following a Severance Event to have the distribution of
benefits commence on a fixed determinable date other than that described in the preceding
sentence, but not later than April I of the year following the year of the Participant's Retirement
or attainment of age 70-1/2, whichever is later. Prior to January 1, 2002, an election made
pursuant to the preceding sentence shall not be valid unless such election is made not less than
:30 days prior to the date that the distribution of a Participant's Account would otherwise com-
mence.
(b)
Additional Delay in Distribution: Prior to January 1, 2002, the Participant may elect to defer
the commencement of distribution of benefits to a fixed determinable date later than the date
provided in Section 7.01 (a), but not later than April 1 of the year following the year of the
Participant's retirement or attainment of age 70 1/2, whichever is later, provided, however, that
(a) such election is made after the 61 st day following the Participant's Severance Event and before
commencement of distributions, (b) the Participant may make only one (1) such election, and
(c) such election is made not less than 30 days prior to the date the distribution of a Participant's
Account would otherwise commence. On or after January 1, 2002, the Participant's right to
change his or her election with respect to commencement of the distribution of benefits shall not
be restrained by this Section 7.01. Notwithstanding the foregoing, the Administrator, in order
to ensure the orderly administration of this provision, may establish a deadline after which such
election to defer the commencement of distribution of benefits shall not be allowed.
(c)
Loans: Notwithstanding the foregoing provisions of this Section 7.01, no election to defer the
commencement of benefits after a Severance Event shall operate to defer the distribution of any
amount in the Participant's Loan Account in the event of a default of the Participant's loan.
7.02 Payment Options: As provided in Sections 7.01,7.04 and 7.05, a Participant may elect to have
value of the Participant's Account distributed in accordance with one of the following payment options,
provided that such option is consistent with the limitations set forth in Section 7.03.
(a) Equal monthly, quarterly, semi-annual or annual payments in an amount chosen by the Partici-
pant, continuing until his or her Account is exhausted;
(b) Onelump-sum payment;
(c) Approximately equal monthly, quarterly, semi-annual or annual payments, calculated to con-
tinue for a period certain chosen by the Participant.
(d)
Annual Payments equal to the minimum distributions required under Section 401 (a)(9) of the
Code, including the incidental death benefit requirements of Section 401 (~a](9)(G), over the life
expectancy of the Participant or over the life expectancies of the Participant and his or her
Beneficiary.
10
(e) Payments equal to payments made by the issuer of a retirement annuity policy acquired by the
Employer.
(f)
A split distribution under which payments under options (a), (b), (c) or (e) commence or are
made at the same time, as elected by the Participant under Section 7.01, provided that all
payments commence (or are made) by the latest benefit commencement date under Section
7.01.
(g) Any other payment option elected by the Participant and agreed to by the Employer and Ad-
ministrator.
A Participant's selection of a payment option made after December 31, 1995, under Subsections (a), (c), or
(g) above may include the selection of an automatic annual cost-of-living increase. Such increase will be
based on the rise in the Consumer Price Index for All Urban Consumers (CPI-U) from the third quarter of
the last year in which a cost-of-living increase was provided to the third quarter of the current year. Any
increase will be made in periodic payment checks beginning the following January.
If, prior to January 1, 2002, a Participant made a timely election of a payment date but failed to specify a
payment option or failed to make a timely election of both payment date and option, and as a result, was
defaulted to benefit commencement at age 65, or such other date as the Participant may have specified,
benefits shall be paid annually in the amount of $100 per year commencing at age 65 or the date specified
by the Participant until the Participant reaches age 70-1/2. When the Participant reaches age 70-1/2,
payments shall be made in accordance with Code section 401 (a) (9) and the regulations thereunder.
7.03 Limitation on Options: No payment option may be selected by a Participant under subsections
7.02(a) or (c) unless the amount of any installment is not less than $100. No payment option may be
selected by a Participant under Sections 7.02, 7.04, or 7.05 unless it satisfies the requirements of Sections
401 (a) (9) and 457(d) (2) of the Code, including that payments commencing before the death of the Partici-
pant shall satisfy the incidental death benefit requirements under Section 401 (a)(9)(G).
7.04 Post-Retirement Death Benefits:
(a)
Should the Participant die after he/she has begun to receive benefits under a payment option, the
remaining payments, if any, under the payment option shall continue until the Administrator
receives notice of the Participant's death. Upon notification of the Participant's death, benefits
shall be payable to the Participant's Beneficiary commencing not later than December 31 of the
year following the year of the Participant's death, provided that the Beneficiary may elect to
begin benefits earlier than that date.
(b)
If the Beneficiary has not attained age 80 at the time payments commence, he or she may elect to
receive payments in a single lump-sum payment or in equal or approximately equal monthly,
quarterly, semi-annual or annual payments continuing over a period not to exceed ten years from
the first payment. The Beneficiary also may elect to receive a partial lump-sum payment fol-
lowed by monthly, quarterly, semi-annual or annual installments, provided that all payments are
made within a period of ten years from the initial payment. In the event that the Beneficiary is
age 80 or over, the remaining balance in the Participant's account will be paid to the Beneficiary
in a single lump sum.
(c)
In the event that the Beneficiary dies before the payment of death benefits has commenced or
been completed, the remaining value of the Participant's Account shall be paid to the estate of
the Beneficiary in a lump sum. In the event that the Participant's estate is the Beneficiary,
payment shall be made to the estate in a lump sum.
7.05 Pre-Retirement Death Benefits:
(a)
Should the Participant die before he or she has begun to receive the benefits provided by Section
7.01, the value of the Participant's Account shall be payable to the Beneficiary commencing not
later than December 31 of the year following the year of the Participant's death, provided that
the Beneficiary may elect to begin benefits earlier than that date.
(b)
If the Beneficiary has not attained age 80 at the time payments commence, he or she may elect to
receive payments in a single lump-sum payment or in equal or approximately equal monthly,
quarterly, semi-annual or annual payments continuing over a period not to exceed ten years from
the first payment. The Beneficiary also may elect to receive a partial lump-sum payment
followed by monthly, quarterly, semi-annual or annual installments, provided that all payments
are made within a period of ten years from the initial payment. In the event that the Beneficiary
is age 80 or over, the remaining balance in the Participant's account will be paid to the
Beneficiary in a single lump sum.
(c)
In the event that the Beneficiary dies before the payment of death benefits has commenced or
been completed, the remaining value of the Participant's Account shall be paid to the estate of
the Beneficiary in a lump sum. In the event that the Participant's estate is the Beneficiary,
payment shall be made to the estate in a lump sum.
7.06 Unforeseeable Emergendes:
(a)
In the event an unforeseeable emergency occurs, a Participant may apply to the Employer to
receive that part of the value of his or her Account that is reasonably needed to satisfy the emer-
gency need. If such an application is approved by the Employer, the Participant shall be paid
only such amount as the Employer deems necessary to meet the emergency need, but payment
shall not be made to the extent that the financial hardship may be relieved through cessation of
deferral under the Plan, insurance or other reimbursement, or liquidation of other assets to the
extent such liquidation would not itself cause severe financial hardship.
(b)
An unforeseeable emergency shall be deemed to involve only circumstances of severe financial
hardship to the Participant resulting from a sudden unexpected illness, accident, or disability of
the Participant or of a dependent (as defined in Section 152(a) of the Code) of the Participant,
loss of the Participant's property due to casualty, or other similar and extraordinary unforeseeable
circumstances arising as a result of events beyond the control of the Participant. The need to
send a Participant's child to college or to purchase a new home shall not be considered unforesee-
able emergencies. The determination as to whether such an unforeseeable emergency exists shall
be based on the merits of each individual case.
7.07 De Minimis Accounts: Notwithstanding the foregoing provisions of this Article, prior to January 1,
2002, if the value of a Participant's Account does not exceed the dollar limit under Secii'on 411 (a)(11)(A) of
the Code as described in Section 457(e)(9)(A) of the Code and (a) no amount has been deferred under the
12
Plan with respect-to~ .the Participant during the 2-year period ending on the date of the distribution and (b)
there has been no prior distribution under the Plan to the Participant pursuant to this Section 7.07, the
Participant may elect to receive or the Employer may involuntarily distribute the Participant's entire Account
without the consent of the Participant. Such distribution shall be made in a lump sum.
On or after January 1, 2002, if the value of a Participant's Account is less than $1,000, the Participant's
Account shall be paid to the Participant in a single lump sum distribution, provided that (a) no amount has
been deferred under the Plan with respect to the Participant during the 2-year period ending on the date of
the distribution and (b) there has been no prior distribution under the Plan to the Participant pursuant to
this Section 7.07. If the value of the Participant's Account is at least $1,000 but not more than the dollar
limit under Code Section 411 (a)(11)(A) and (a) no amount has been deferred under the Plan with respect to
the Participant during the 2-year period ending on the date of the distribution and (b) there has been no
prior distribution under the Plan to the Participant pursuant to this Section 7.07, the Participant may elect
to receive his or her entire Account. Such distribution shall be made in a lump sum.
Artide VIII. Loans to Participants
8.01 Availability of Loans to Participants:
(a)
The Employer may elect to make loans available to Participants in this Plan. If the Employer has
elected to make loans available to Participants, a Participant may apply for a loan from the Plan
subject to the limitations and other provisions of this Article.
(b)
The Employer shall establish written guidelines governing the granting of loans, provided that
such guidelines are approved by the Administrator and are not inconsistent with the provisions
of this Article, and that loans are made available to all Participants on a reasonably equivalent
basis.
8.02 Terms and Conditions of Loans to Participants:
Any loan by the Plan to a Participant under Section 8.01 of the Plan shall satisfy the following requirements:
(a) Availability. Loans shall be made available to all Participants on a reasonably equivalent basis.
(b) Interest Rate. Loans must be adequately secured and bear a reasonable interest rate.
(c) Loan Limit. No Participant loan shall exceed the present value of the Participant's Account.
(d) Foreclosure. In the event of default on any installment payment, the outstanding balance of the
loan shall be a deemed distribution. In such event, an actual distribution of a plan loan offset
amount will not occur until a distributable event occurs in the Plan.
(e) Reduction of Account. Notwithstanding any other provision of this Plan, the portion of the
Participant's Account balance used as a security interest held by the Plan by reason of a loan
outstanding to the Participant shall be taken into account for purposes of determining the
amount of the Account balance payable at the time of death or distribution, but only if the
reduction is used as repayment of the loan.
13
(f) Amount of Loan. At the time the loan is made, the principal amount of the loan plus the out-
standing balance (principal plus accrued interest) due on any other outstanding loans to the
Participant from the Plan and from all other plans of the Employer that are qualified employer
plans under Section 72(p)(4) of the Code shall not exceed the lesser of:
(1) $50,000, reduced by the excess (if any) of
(a) The highest outstanding balance of loans from the Plan during the one (1) year
period ending on the day before the date on which the loan is made, over
(b) The outstanding balance of loans from the Plan on the date on which such loan
is made; or
(2) One-half of the value of the Participant's interest in all of his or her Accounts under this
Plan.
(g) Application for Loan. The Participant must give the Employer adequate written notice, as
determined by the Employer, of the amount and desired time for receiving a loan. No more than
one (1) loan may be made by the Plan to a Participant's in any calendar year. No loan shall be
approved if an existing loan from the Plan to the Participant is in default to any extent.
(h) Length of Loan. Any loan issued shall require the Participant to repay the loan in substantially
equal installments of principal and interest, at least monthly, over a period that does not exceed
five (5) years from the date of the loan; provided, however, that if the proceeds of the loan are
applied by the Participant to acquire any dwelling unit that is to be used within a reasonable time
(determined at the time of the loan is made) after the loan is made as the principal residence of
the Participant, the five (5) year limit shall not apply. In this event, the period of repayment shall
not exceed a reasonable period determined by the Employer. Principal installments and interest
payments otherwise due may be suspended for up to one (1) year during an authorized leave of
absence, if the promissory note so provides, but not beyond the original term permitted under
this subsection (h), with a revised payment schedule (within such term) instituted at the end of
such period of suspension.
(i) Prepayment. The Participant shall be permitted to repay the loan in whole or in part at any time
prior to maturity, without penalty.
(j)
Promissory Note. The loan shall be evidenced by a promissory note executed by the Participant
and delivered to the Employer, and shall bear interest at a reasonable rate determined by the
Employer.
(k) Security. The loan shall be secured by an assignment of the participant's right, title and interest
in and to his or her Account.
(l)
Assignment or Pledge. For the purposes of paragraphs (f) and (g), assignment or pledge of any
portion of the Participant's interest in the Plan and a loan, pledge, or assignment with respect to
any insurance contract purchased under the Plan, will be treated as a loan.
14
(m)
for
Other Terms and Conditions. The Employer shall fix such other terms and conditions of the
loap- as it deems necessary to comply with legal requirements, to maintain the qualification of
the Plan and Trust under Section 457 of the Code, or to prevent the treatment of the loan
tax purposes as a distribution to the Participant.
The Employer, in its discretion for any reason, may also fix other terms and conditions of the loan, includ-
ing, but not limited to, the provision of grace periods following an event of default, not inconsistent with the
provisions of this Article and Section 72(p) of the Code, and any applicable regulations thereunder.
8.03 Participant Loan Accounts:
(a)
Upon approval of a loan to a Participant by the Employer, an amount not in excess of the loan
shall be transferred from the Participant's other investment fund(s), described in Section 6.05 of
the Plan, to the Participant's Loan Account as of the Accounting Date immediately preceding
the agreed upon date on which the loan is to be made.
(b)
The assets of a Participant's Loan Account may be invested and reinvested only in promissory
notes received by the Plan from the Participant as consideration for a loan permitted by Section
8.01 of the Plan or in cash. Uninvested cash balances in a Participant's Loan Account shall not
bear interest. Neither the Employer, the Administrator, nor any other person shall be liable for
any loss, or by reason of any breach, that results from the Participant's exercise of such control.
(c)
Repayment of principal and payment of interest shall be made by payroll deduction or, where
repayment cannot be made by payroll deduction, by check, and shall be invested in one (1) or
more other investment funds, in accordance with Section 6.05 of the Plan, as of the next Ac-
counting Date after payment thereof to the Trust. The amount so invested shall be deducted
from the Participant's Loan Account.
(d)
The Employer shall have the authority to establish other reasonable rules, not inconsistent with
the provisions of the Plan, governing the establishment and maintenance of Participant Loan
Accounts.
Article IX. Non-Assignability
9.01 In General: Except as provided in Article VIII and Section 9.02, no Participant or Beneficiary shall
have any right to commute, sell, assign, pledge, transfer or otherwise convey or encumber the right to receive
any payments hereunder, which payments and rights are expressly declared to be non-assignable and non-
transferable.
9.02 Domestic Relations Orders:
(a)
Allowance of Transfers: To the extent required under a final judgment, decree, or order (includ-
ing approval of a property settlement agreement) that (i) relates to the provision of child support,
alimony payments, or marital property rights and (ii) is made pursuant to a state domestic
relations law, any poruon of a Participant's Account may be paid or set aside for payment to a
spouse, former spouse, child, or other dependent of the Participant. Where necessary to carry
out the terms of such an order, a separate Account shall be established with respect to the spouse,
former spouse, or child who shall be entitled to make investment selections with respect thereto
in the same manner as the Participant; any amount so set aside for a spouse, former spouse, or
child shall be paid out in a lump sum at the earliest date that benefits may be paid to the Partici-
pant, unless the order directs a different time or form of payment. Nothing in this Section shall
be construed to authorize any amount to be distributed under the Plan at a time or in a form
that is not permitted under Section 457(b) of the Code. Any payment made to a person pursu-
ant to this Section shall be reduced by any required income tax withholding.
(b)
Release from Liability to Participant: The Employer's liability to pay benefits to a Participant
shall be reduced to the extent that amounts have been paid or set aside for payment to a spouse,
former spouse, or child pursuant to paragraph (a) of the Section. No such transfer shall be
effectuated unless the Employer or Administrator has been provided with satisfactory evidence
that the Employer and the Administrator are released from any further claim by the Participant
with respect to such amounts. The Participant shall be deemed to have released the Employer
and the Administrator from any claim with respect to such amounts, in any case in which (i) the
Employer or Administrator has been served with legal process or otherwise joined in a proceed-
ing relating to such transfer, (ii) the Participant has been notified of the pendency of such pro-
ceeding in the manner prescribed by the law of the jurisdiction in which the proceeding is pend-
ing for service of process in such action or by mail from the Employer or Administrator to the
Participant's last known mailing address, and (iii) the Participant fails to obtain an order of the
court in the proceeding relieving the Employer or Administrator from the obligation to comply
with the judgment, decree, or order.
(c)
Participation in Legal Proceedings: The Employer and Administrator shall not be obligated to
defend against or set aside any judgement, decree, or order described in paragraph (a) or any
legal order relating to the garnishment of a Participant's benefits, unless the full expense of such
legal action is borne by the Participant. In the event that the Participant's action (or inaction)
nonetheless causes the Employer or Administrator to incur such expense, the amount of the
expense may be charged against the Participant's Account and thereby reduce the Employer's
obligation to pay benefits to the Participant. In the course of any proceeding relating to divorce,
separation, or child support, the Employer and Administrator shall be authorized to disdose
information relating to the Participant's Account to the Participant's spouse, former spouse,
dependent, or child (including the legal representatives of the spouse, former spouse, or child), or
to a court.
Article X. Relationship to other Plans and Employment Agreements
This Plan serves in addition to any other retirement, pension, or benefit plan or system presently in existence
or hereinafter established for the benefit of the Employer's employees, and participation hereunder shall not
affect benefits receivable under any such plan or system. Nothing contained in this Plan shall be deemed to
constitute an employment contract or agreement berween any Participant and the Employer or to give any
Participant the right to be retained in the employ of the Employer. Nor shall anything herein be construed
to modify the terms of any employment contract or agreement between a Participant and the Employer.
16
Article XI. Amendment or Termination of Plan
The Employer may at any time amend this Plan provided that it transmits such amendment in writing to
the Administrator at least 30 days prior to the effective date of the amendment. The consent of the Admin-
istrator shall not be required in order for such amendment to become effective, but the Administrator shall
be under no obligation to continue acting as Administrator hereunder if it disapproves of such amendment.
The Employer may at any time terminate this Plan.
The Administrator may at any time propose an amendment to the Plan by an instrument in writing trans-
mitted to the Employer at least 30 days before the effective date of the amendment. Such amendment shall
become effective unless, within such 30-day period, the Employer notifies the Administrator in writing that
it disapproves such amendment, in which case such amendment shall not become effective. In the event of
such disapproval, the Administrator shall be under no obligation to continue acting as Administrator here-
under.
Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under
Section 457(b) of the Code or to comply with other applicable laws, no amendment or termination of the
Plan shall divest any Participant of any rights with respect to compensation deferred before the date of the
amendment or termination.
Article XII. Applicable Law
This Plan and Trust shall be construed under the laws of the state where the Employer is located and is
established with the intent that it meet the requirements of an "eligible deferred compensation plan" under
Section 457(b) of the Code, as amended. The provisions of this Plan and Trust shall be interpreted wherever
possible in conformity with the requirements of that Section of the Code.
In addition, notwithstanding any provision of the Plan to the contrary, the Plan shall be administered in
compliance with the requirements of Code Section 414(u).
Article XIII. Gender and Number
The masculine pronoun, whenever used herein, shall include the feminine pronoun, and the singular shall
include the plural, except where the context requires otherwise.
ICMA
RETIREMENT CORPORATION
DECLARATION
OF TRUST
ICMA RETIREMENT CORPORATION
The pubhc service Vantagepo~nt® since 1972
DECLARATION OF TRUST
This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of May, 2001, by
VantageTrust Company, which declares itself to be the sole Trustee of the trust hereby created.
WHERF. a~, the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of
governmental plans and governmental units described in Section 818(a)(6) of the Internal Revenue Code of
1986, as amended, pursuant to a Declaration of Trust dated October 4, 1982, as subsequently amended, a
copy of which is attached hereto and incorporated by reference as set out below (the "ICMA Declaration");
and
WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the requirements of Rev-
enue Ruling 81-100, 1981-1 C.B. 326, and is established as a common trust fund within the meaning of
Section 391:1 of Title 35 of the New Hampshire Revised Statutes Annotated, to accept and hold for invest-
ment purposes the assets of the Deferred Compensation and Qualified Plans held by and through the ICMA
Retirement Trust.
NOW, THEREFORE, the Group Trust is created by the execution of this Declaration of Trust by the
Trustee and is established with respect to each Deferred Compensation and Qualified Plan by the transfer to
the Trustee of such Plan's assets in the ICMA Retirement Trust, by the Trustees thereof, in accord with the
following provisions:
Incorporation of ICMA Declaration by Reference; ICMA By-Laws. Except as otherwise
provided in this Group Trust Agreement, and to the extent not inconsistent herewith, all provi-
sions of the ICMA Declaration are incorporated herein by reference and made a part hereof, to
be read by substituting the Group Trust for the Retirement Trust and the Trustee for the Board of
Trustees referenced therein. In this respect, unless the context clearly indicates otherwise, all
capitalized terms used herein and defined in the ICMA Declaration have the meanings assigned
to them in the ICMA Declaration. In addition, the By-Laws of the ICMA Retirement Trust, as
the same may be amended from time-to-time, are adopted as the By-Laws of the Group Trust to
the extent not inconsistent with the terms of this Group Trust Agreement.
Notwithstanding the foregoing, the terms of the 1CMA Declaration and By-Laws are further
modified with respect to the Group Trust created hereunder, as follows:
(a)
any reporting, distribution, or other obligation of the Group Trust vis-h-vis any
Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer
Trustee, or Employer Trust shall be deemed satisfied to the extent that such
obligation is undertaken by the ICMA Retirement Trust (in which case the obligation
of the Group Trust shall run to the ICMA Retirement Trust); and
(b)
all provisions dealing with the number, qualification, election, term and nomination
of Trustees shall not apply, and all other provisions relating to trustees (including, but
not limited to, resignation and removal) shall be interpreted in a manner consistent
with the appointment of a single corporate trustee.
2o
2. Compliance with Revenue Procedure 81-100. The requirements of Revenue Procedure 81-
100 are'alSl~licable to the Group Trust as follows:
(a) Pursuant to the terms of this Group Trust Agreement and Article X of the By-Laws,
investment in the Group Trust is limited to assets of Deferred Compensation and
Qualified Plans, investing through the ICMA Retirement Trust.
(b) Pursuant to the By-Laws, the Group Trust is adopted as a part of each Qualified Plan
that invests herein through the ICMA Retirement Trust.
(c)
In accord with the By-Laws, that part of the Group Trust's corpus or income which
equitably belongs to any Deferred Compensation and Qualified Plan may not be
used for or diverted to any purposes other than for the exclusive benefit of the Plan's
employees or their beneficiaries who are entitled to benefits under such Plan.
(d)
In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan may
assign any or part of its equity or interest in the Group Trust, and any purported
assignment of such equity or interest shall be void.
Governing Law. Except as otherwise required by federal, state or local law, this Declaration of
Trust (including the ICMA Declaration to the extent incorporated herein) and the Group Trust
created hereunder shall be construed and determined in accordance with applicable laws of the
State of New Hampshire.
Judicial Proceedings. The Trustee may at any time initiate an action or proceeding in the appro-
priate state or federal courts within or outside the state of New Hampshire for the settlement of
its accounts or for the determination of any question of construction which may arise or for
instructions.
IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day and year first
above written.
VANTAGETRUST COMPANY
Name: Paul E Gallagher
Title:
Assistant Secretary
21
ICMA RETIREMENT CORPORATION
777 North Capitol Street, NE
Washington, DC 20002
1-800-669-7400
www. icmarc.org
BKT571-008-200111
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
DAVID T. H~DEI~ C|'I'~Y M~AGER
MEETING OF JANUARY 8, 2002 CONSENT AGBNDA*
ABANDONMENT OF A 6-FOOT UTILITY EASEMENT WITHIN THE
PLAT OF SABAL LAKES PHASE THREE, LOCATED EAST OF
BARWICK ROAD AND NORTH OF THE L-31 CANAL.
BACKGROUND
The request involves abandoning a 6-foot utility easement located within Lots 92-102,
104-109, 111-124, and Tract AE-1, of the plat of Sabal Lakes Phase Three (Plat Book
72, Page 180). The easement is offset 20-feet from the rear lot line of all above
referenced lots. The subject easement was dedicated with the recordation of the plat in
June of 1994.
The dedication language for this easement gives permission to any public or private
utility, such as but not limited to, storm drainage, sanitary sewer, electric power, water
service, gas service, and telephone lines. All major utility companies were notified, and
indicated they did not have facilities located in the subject area.
The original abandonment request was submitted by Sal Arena, the owner of Lot 98, in
order to facilitate the construction of a swimming pool, and was restricted to the portion
of the utility easement to the rear of his property. During the standard review by the
Development Services Management Group (DSMG), it was suggested that the
abandonment request be expanded to include the entire utility easement on multiple
lots.
Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the City
Commission granting an abandonment: The abandonment will not result in the
detriment for the provision of utility services to the adjacent properties or the general
area,
The City's Environmental Services Department (water & sewer service), and the Florida
Public Utilities Company (gas service), Florida Power & Light, BellSouth, and Adelphia
Cable have reviewed the request, and have no objection to the abandonment.
RECOMMENDED ACTION
By motion, approve the abandonment of the easement, based upon positive findings
with respect to LDR Section 2.4.6(P)(5)
Attachment:
· Abandonment Resolution
· Location Map
S:\boards\citycommission\SabalLakesE-Aban-CCDoc.doc
'5
TREE DRIVE
ISE BOULEVARD
RIDGE BOULEVARD
TH
SABAL
BANYAN CREEK
EL EMEN TAR Y
SCHOOL
133 ROAD SOUTH
SEA
SEA
SATIN
LAURELWO0[
SABAL
GRAPE
TRACT W-1
GRAPE CIRCLE
LEAF
TRACT W
COURT
CANAL
L-31
NoW.
lOTH
NW. 11
LANg
F
CITY OF' DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
6-FOOT
UTILITY EASEMENT ABANDONMENT
PLAT OF SABAL LAKES PHASE THREE
RESOLUTION NO. 5432
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 6'
UTILITY EASEMENT WITHIN THE SABAL LAKES PHASE THREE
DEVELOPMENT LOCATED EAST OF BARWICK ROAD NORTH
OF CANAL L-31, AS MORE PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delra¥ Beach, Florida, received an application for abandonment
of a 6' utility easement within the Sabal Lakes Phase Three development located east of Barwick Road
north of Canal L-31; and
WHEREAS, the application for abandonment of said easement was processed pursuant
to Section 2.4.6(P), "Abandonment of Public Easements", of the Land Development Regulations of the
City of Delray Beach, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the application was forwarded to
the City Commission with the recommendation that the abandonment be approved, based upon
positive findings; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR
Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the provision of utility
services to adjacent properties or the general area, that its interest in the described property is no longer
needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate
and abandon said easement, as more particularly described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing recitals are hereby incorporated herein by this reference.
Section 2. That pursuant to Section 177.101(5) and Chapter 166 of the Florida Statutes,
it is hereby determined to vacate and abandon all right and interest it holds to the following real
property, more particularly described as follows:
The 6-foot utility easement located 20 feet from the rear property line,
within Lots 92 throughl02, 104 through 109, 111 through 124, and Tract
AE-1, of the plat of Sabal Lakes Phase Three, Plat Book 72, Page 180, of
the Public Records of Palm Beach County, Florida.
PASSED AND ADOPTED in regular session on this the 8~h day of January 8, 2002.
ATTEST:
City Clerk
MAYOR
Res. No. 5-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ff~,
AGENDA ITEM ~.~' - REGULAR MEETING OF JANUARY 8, 2002
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO
HANDLE/CANVASS ABSENTEE BALLOTS AND REPRESENT THE
CITY AT LOGIC & ACCURACY TESTS FOR THE MUNICIPAL
ELECTION
DATE:
JANUARY 4, 2002
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 12, 2002 municipal election. Ms.
LePore's office xs equtpped with a computerized system for monitoring ballot requests, distributtons,
accounting for unreturned ballots, as well as electromc signature verification. She will also insure that
the absentee ballots are held in safekeeping prior to canvassing. The Supervisor of Electrons should
also be authorized to represent the City at the canvassing of the absentee 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 4, 2002 at 10:00 a.m. at the Supervisor of Elections office, 240 South
Military Tratl, West Palm Beach, for the March 12th election as well as on election day both before and
after counting of the ballots.
Recommend authortzmg the Supervisor of Elections for Palm Beach County to handle/canvass the
City's absentee ballots for the March 12, 2002 municipal elecuon, and designate her as the City's
representative at the requisite logic and accuracy tests.
RefiAgmemo Auth. Superv-tsor of Elections.March 2002
Beach County
THERESA LePORE
Supervisor of Elections
240 SOUTH MILITARY TRAIL
VVI~ST PALM BEACH, FL 33415
POST OFFICE BOX 22309
VVEST PALM BEACH, FL 33416
TELEPHONE: (561) 656-6200
FAX NUMBER: (561) 656-6287
VVEBSITE: wwvv. pbcelections, org
CIUESTIONNAIRE
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 28, 2002.
For your upcoming Municipal Election, do you wish to have Theresa LePore represent your Municipal
Canvassing Board, as an additional member of your Canvassing Board, at:
The Logic and Accuracy Test on the second Monday prior to eleclion day?
YES NO
Would you like Theresa LePore to:
4. Handle the absentee ballots for the election?
YES NO
o
Canvass the absentee ballots for the election?
YES NO
Signature of Munidpal Clerk
Munidpality
PLEASE RETURN TO THE SUPERVISOR OF ELECTIONS BY JANUARY 28, 2002.
Revised 12/01/2001
[lTV OF DELRI:I¥ BEI:I[H
DELRAY BEACH
NI-AmerlcaCity
100N.W. lstAVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000
1993 MEMORANDUM
TO: David Harde~,~City Manager
THROUGH: Joe Weldon, ~irector of Parks and Recreation
FROM: Alberta Gaum-Rickard,\ Accounting Assistant ~
SUBJECT: Request for Additional Funds from CSC
DATE:
December 20, 2001
We are requesting approval to seek additional funds from Children's
Services Council. We would like to ask for an additional $15,933.00.
This would cover the increased cost for the Out of School Director's
salary as a result of the City Pay Plan adjustment effective October 1,
2001, the operating expenses for additional programs required by the
Children's Services Council contract (see attached breakdown), and
implementation of additional programs requiring parental involvement.
The current contract with Children's Services Council states that funded
agencies must start showing measurable results in homework assistance.
We would also like to ask for an additional $27,500.00. This would fund
a new program called "New Innovations" which has yielded measurable
results by incorporating music, computer programs and interactive
learning laboratories. This program is based on the Florida
Comprehensive Assessment Test (FCAT) and is endorsed by the Palm Beach
County School Board. On December 13, 2001 we invited "New Innovations"
to present their program to Children's Services Council. Their response
was positive (see attached proposal).
Therefore, we would like to seek total additional funding of $43,433.00.
Please place this on the January 8, 2002 agenda for City Commission
consideration.
cc: Shana Robinson
Agenda Coordinator
Attachments
Ref:cscaddl$
Prlnted on Recycled Paper
THE EFFORT ALWAYS MATTERS
CITY OF DELRAY BEACH
CHILDREN'S SERVICES COUNCIL
MID-YEAR BUDGET REVISION
Request for additional funds:
Due to the increase of salary for Out of School Director
City Pay Plan Adjustment - October 1ST, 2001
Annual Salary $27,830 - $32,011 $ 4,181
Fica $ 7,762 - $ 8,082 $ 320
Retirement $ 278 - $ 320 $ 42
Total $ 4,543
This increase changed the original CSC budget.
Mid-Year Funds Requested:
Professional Fees - Funds lost due to increased salary $ 4,543
Placement of one additional Independent Contractor $ 5,400
Editor of Out of School Newsletter
Administrator of Homework Assistance
Administrator of Boy Scout Program
10 hrs a wk x $15 x 36 wks
Communication & Utilities
Telephone $ 360
Cell phone $ 330
Equipment Rental/Lease $ 1,100
Share of Rental of copier for after school
$91 x 12 months
Printing/Binding Service $ 200
After school Program Manuals, Program Brochures
Program Supplies $ 4,000
Thanksgiving Dinner, Christmas Dinner,
Monthly Contest, Boy Scout Shirts and
Bandanas, Daily Recreational and Craft Supplies
Subtotal operating expenses $15,933
New Program "New Innovations"
Mid-Year-proposed cost
Total Funds Requested
$27,500
$43,433
PROGRAM PROPOSALS
FOR THE CITY OF DELRAY BEACH
NEW INNO VA TION$ B Y A UDRA WELLS JfARK
NEW INNOVATIONS BY AUDRA WELLS MARK
PROPOSAL
We are seeking funding for the Mid-Year Tutorial Program (March
through June, 2002). $27,500
MID-YEAR TUTORIAL
Three New Innovations Arts-In'
With a full set of academic m~
Program designed
This is a one time fee and
if the program is selected fo~
Training and updates March th~
00
~egration Laboratories
tterials
$16,500
$ 5,000
lld be deducted from Proposal #1,
the next year.
ough June (44hfs)
Price
Discount
Total
$13,200
$34,700
($ 7,200)
$27,500
$27,500.00
This program includes the following:
Three New Innovations Arts-Integration Laboratories
with a full set of academic materials
$16,500
Program designed
$ 5,000
Training and updates March through June (44hrs.)
Price
Discount
$13,200
$34,700
$ 7,200
Total $27,500.00
#t
PROPOSAL ONE
$53,000.00
This program includes the following:
Three New Innovations Arts-Integration Laboratories
with a full set of academic materials
$16,500
Program designed
$ 5,000
Training and updates weekly for one year (144 hours)
Price
Discount
$43,200
$64,700
$1,1,700
Total
$53,000.00
*All lab equipment and materials are the property of the
customer.
*Training and updates include weekly lesson plans for K-2,
3-5, and 6-8.
*Training and updates also include weekly, quarterly, and
yearly charts of student progress.
The cost of the tutorial program for 300 students, based on
fifty weeks, averages $3.53 per week, per student.
Initial Cost
Three New Innovations Arts-Integration Laboratories
with a full set of academic materials
$16,500
Program designed
$ 5,000
Training and updates weekly for one year (144 hours)
Price
Discount
,$43,200
$64,700
$1 ,7oo
Total
$53,000.00
Reoccurring Cost
Three lab updates (lab atmospheres are changed)
Training and updates weekly for one year (144 hours)
Price
Discount
Total
$ 6,000
$43,200
$49,200
$11,200
$38,000
THE PALM BEACH POST
WEDNESDAY, DECEMBER 19, 2001
Education boss can adjust scores
G ,RADES
From IA
educators, particularly at poor'
iehools, said the system didn't
give them any credit for students
who improved fi-om year to year.
',, 'qrChat gets measured gets
done, but what gets measured
and rewarded gets done first,"
§aid Marion County Schools Su-
perintendent Jim Warford, one
of several school officials who
praised the plan at the Cabinet
meeting. "It's time to raise the
The plan raises the bar in
several areas, with one crucial
exception. It gives the education
commissioner the authority in
the first year to arbitxarily adjust
the scores up or down by 5 per-
cent statewide.
" Department of Education of-
ficials say the out is necessary
because the new plan puts Flori-
da in uncharted waters. When
the FCAT results come back this
summer, schools may need a
shock absorber if they find their
school grades plunging.
'%re have never had learning
gains for two years in a row,"
said Gerry Richardson, the fie-
partment's director of evaluation
and reporting who helped write
the plan.
, But critics say the 5 percent
provision also gives a political
cushion to Bush and other Re-
publican candidates, including
Education C6'mmissioner Char-
lie Crist, a Bu'~fi'loyalist who is
running fof.':/itt0x;neS~ ~ general
next year ~'"~' .....
-" Rough projections fi:om the
department predict.that as many
,as 3 percent of schools statewide
m 75 m could land on the falling
list. There' were 78 failing
schools when the legislature
passed A Plus in 1999, four in
2000 and none last year.
With the swipe of Crist's pen,
Republicans could avoid the em-
barrassment of having to explain
the sudden rise of failing schools
to voters.
· Bush was typically upbeat
'r.'uesday when he was asked
The new A Plus plan
The new system puts together a school grade
based on three measurements.
[] The first resembles the old system in that it looks at
the percentage of students who pass reading, writing and
math. This year, schools still get credit for students who
get a 3 in writing, but they'll get more points for students
who reach 4 or better.
[] The second component is new. Because students
last year took the FCAT in third through lOth grades, the
state can consider individual improvements.
[] The third part focuses on the lowest 25 percent of
the school, and whether those students do better. For a
school to get an A or a B, at least half of its kids have to
improve. Schools can get bonus points if their worst stu-
dents jump significantly in r6ading.
Each of the three parts gets a value, and those three
numbers are added together for a final score.
whether he was worried about
having to campaign with a newly
minted list of failing schools.
"I think we need an honest
assessment of how our kids are
doing," he said.
The political significance of
the one-year variance occurring
in an election year wasn't lost on
David Clark, a spokesmen for
the Florida Education Associa-
tion.
"It begs the question as to
what the motivation would be,"
Clark said.
Measuring individual student
performance fi-om year to year is
a significant .step to improving
school~, Clark..s .aid. "
"Any-student~entered plan' is
a good one,s': hg~aid. .
Howev'&:,.'."tfi'e state should
suspend th~ rei(vards and penal-
ties for tw6'yea?~ to give schools
time to adjuit to the new plan,
he said. Clark cited a recent
months-long analysis by The
Palm Beach Post that demonstrat-
ed that poverty was a strong in-
dicator of how well students per-
form on the FCAT.
A Plus has never taken that
into consideration, and Bush and
Crist re,use to set different stan-
dards for lower-income students.
"You have to say to yoursel
when are.we going to take th
politics' out of this and dp what'
'right for our children withot
making this some kind of phot
op," Clark said.
Vernon Pickup-Crawford,
lobbyist for Palm Beach Count.
schools, said it's too early to sa:
whether the district's school
could see their ratings slip. Th,
district welcomes more accounl
ability, he said.
;q'hey need to look at annua
learning gains and at least thi
plan does that," he said.
Some schools have corn
plainer about having to prepar,
for. the new system so quickl:~
,~Th¢. next s,eries of FCAT test:
hit,students desks on Feb. 12.
I, .' :Bflt Betty Coxe, the depart
'.'meht's deputy commissioner fo:
educational programs, salt
there's no excuse for not bein~
ready.
"Schools should be commit
ted to providing the best educa
tion to every student ever3
year," she said. 'q~rhat wouk
you do differently?"
Staff uniter Mary Ellen Flanner.
contributed to this story.
· iim ash@~bDost.com
Learning gains join FCA3
in figuring schools' grade
How well students learn over year now in mix
By Jim Ash ·
Palm Beach Post Capital Bureau
"TALLAHASSEE m Gov. Jeb
Bush rode to office in 1998 on a
i~ampaign promise to reform
.-Florida's ailing public schools.
: ;'On Tuesday, Bush and the
. ~abinet unanimously approved
the latest and biggest overhaul
p~[ his "A Plus" plan that grades
public schools and promises mil-
lions in tax dollars to high
b. chievers and vouchers to the
~tnlggling.
· ~--:: "We have an accountability
.system that is really second to
none now," Bush said after the
.un.animous vote.
· :- .' And thanks to a safety valve,
Bush could also have an easier
· '~ti~e championing the reforms
on: next year's reelection trail.
:' Based on how well students
score on the F1.0rida Compre-
[] Congress approves an educ
tion bill that would mandate a
nual testing, aA
hensive Achievement Test, tl
latest reforms are earning ca
tious praise even from tradition
critics. For the first lime, scho
grades will depend not only (
the percentage of students wt
pass reading, writing and mat_
but on how well students lea~
from one year to the next. The~
win be a heavier emphasis c
reading and improving th
scores of students in the botto;
25 percent.
In years past, state officia
gave grades that measured t?
number of students passing. Bt
~e~eseeGRl~E$,8
.lB i ilI I I
'
/llll~
i
lO o ~1
IO o ~1
2000 i'm J C'")
2001 ...... ~ .......... ~
0 o
"-I
CARDINAL, ORDINAL, AND NOMINAL NUMBERS
You can use numbers in different ways.
Yeah, you can use numbers in different
ways. ~
Cardinal numbers, tell how many.
Ordinal numbers, tell position or order,
Nominal numbers, name things!
Nominal numbers, name things!
Cardinal-0ne!
Ordinal- First!
Nominal- Phone number!
Nominal- Phone number!
555-5555
You can use numbers in different ways.
Yeah, you can use numbers in different
ways.
Yeah, you can use numbers in different
ways.
Yeah, you can use numbers in different
ways!
Helpful Hints: Instruct students to play a game
using cardinal, ordinal, mad nominal numbers.
Point starting with the first child, (or if there are
only two students go back and forth between the
two students) saying, cardinal, ordinal, nominal.
Ask each student to give an example of a cardinal,
ordinal, or nominal number.
Copyrillht 1999 Auflra Wdlz Mark
2IRCLI
Circle is 360.°(Repeat once.)
Half is 180°. (Repeat once.)
O
M
The radius measures half the circle.
The diameter measures across the circle.
Turn for me. (Repeat once.)
Geometry! (Repeat once.)
O
Helpful Hints: Ask students to turn in a complete circle
and let them know that there are 360 degrees in a circle.
Next, have them to turn half the distance. Tell students that
there are 180 degrees in a half circle. Turn objects at
different angles and ask students the number of degrees the
object was turned.
Date: Dec. 20, 2001
AGENDA RE(~UEST
(if applicable)
EXHIBIT A
Funding Available: Yes / No Initials:
Account Number
Description
Account Balance:
Funding Alternatives:
City Manager Review:
for Agenda,S/No Initials:
Approved
Hold Until:
Agenda Coordinator Review:
Received:
Request to be placed on:
Consent Agenda x Regular Agenda Workshop Agenda Special Agenda
When: January 8, 2002
Description of Agenda Item (who, what, where, how much):
Request approval to seek $43,433 in additional funding from Children's Services
Council ($15,933 for increase in Out of School Director's salary resulting from
City Pay Plan adjustment effective 10/1/01, operating expenses for additional
programs required by CSC and implementation of additional programs requiring
parental involvement and $27,500 for a new program called "New Innovations").
Department Head ~/.
Signature: ~
City Attorney Revi~wfRecommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
£1TY OF DELAIIY BEI:I£H
DELRAY BEACH
1993 FROM:
2001
SUBJECT:
100 N.W. 1st AVENUE
MEMORANDUM
David T. Harden, City Manager
,~?~ert A, Barcinski, Assistant City Manager
DELRAY BEACH, FLORIDA 33444
AGENDA ITEM - JANUARY 8, 2002 SPECIAL EVENT
CELEBRATE THE SOUL OF DELRAY
DATE: January 2, 2002
561/243-7000
Action
City Commission is requested to endorse the second "Celebrate the Soul of
Delray' event sponsored by the Delray Beach Merchants Association and West
Atlantic Redevelopment Coalition, Inc. to be held on Saturday, February 16,
2002 from 10:00 a.m. to 10:00 p.m. and to grant a temporary use permit per LDR's
Section 2.4.6(H)(5) for the closure and use of Atlantic Avenue from NW/SW 1st
Avenue to NW/SW 5th Avenue. Commission is also requested to waive LDR's
Section 4.6.7(d)(3)(j)(i) to allow event signage to be installed more than one
week before the event, to authorize staff support as requested for security and
traffic control, barricading, clean up and trash removal, rescue assistance, stage
use and set up, FDOT permit application, and in obtaining power from FPL as
needed. Commission is being requested to waive costs for overtime, power
supply, and stage use.
Background
Attached is a letter received from Mr. Clay Weidman describing the event and
requesting staff assistance. The event sponsor will be responsible for managing
the event, obtaining dumpsters and port-a-lets, vendor permitting, and
entertainment. Stages will be set up on the grounds at Old School Square and in
a vacant lot (CRA owned) off Atlantic. The estimated cost for staff overtime for
this event is $13,500. Additional costs may be incurred with FPL for power drops.
Overtime costs for the 2000 event were $10/112. Attached is a copy of a revised
budget along with the original, budget.
Recommendation
Staff recommends consideration of approval of the event, granting the
temporary use permit for street closure, waiving the LDR's for sign installation, to
provide staff assistance as requested, to provide power drops and to waive
overtime costs subject to the submittal of proof of liability insurance and a hold
harmless agreement.
RAB:tas
cc: Clay Wideman
Rosiland Murray
FlCe;u,,,~eeney/ever#s
Doc.,'oul of ~ ~
THE EFFORT ALWAYS MATTERS
June 19, 2001
DELRAY BEACH
COMIqUNITY REDEVELOPPIENT
AGENCY
Mr. Bob Barcinski, Asst. City Manager
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Bob,
As you know, the West Atlantic Redevelopment Coalition, Inc., and Delray Merchant's
Association will host the 2~a annual "Soul of Delray Beach Festival." The one-day event
takes place Saturday, February 16, 2002. The hours are generally, 10:00 a.m. - 10:00
p.m. Proceeds will be used for scholarships for youth and small businesses.
The event will include quality entertainment, vendor and food booths, arts and crafts,
children's activities, and family fun. A site plan will be forth coming for this area of the
festival.
The site for the event is Atlantic Ave. between NE 1~ st. to N~/5a Ave. We are
requesting street closings at the east side ofNW/SW 5t~ Ave. to the west side of Swinton
Ave. All side avenues are to be closed at Atlantic Avenue north and south.
Stage set up will include, Old School Square in the new band shell, staging at the Delray
Beach Tennis Center, and the third stage in front of the Wideman Building. Another
stage may be added later on NW 5m Ave. Electrical power is necessary for each stage.
Temporary toilets will need to be rented. A total of eight toilets were rented in 2000, in
addition to two (2) handicapped versions. Several hand washing stations will be
included. Locations for this equipment will be similar to 2000.
A fire plan will need to be established with the appropriate agencies. A security plan must
also be developed for the festival.
I hope this correspondence will provide adequate advance notice for this project. I know
that many meetings must be arranged and many agencies notified. The success of this
event not only lies with us, but with the pre-planning by local agencies. We were happy
with the success of this project in 2000. We know that improvements can be made, and
look to you for your keen insight to make this festival even better for the citizens of Palm
Beach County and the residents of Delray Beach. I can be reached at 276-8640.
CC: Clay Widemart, DMA
104 West Atlantic Avenue * Delmy Beach, Florida 33~
561-276-8640 * Fax 561-276-8558
£1T¥ DF DELRI:I¥ BEI:I£H
AII-A~ricaCity
1993
2001
December 7, 2001
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444 . 561/243-7000
Clay Wideman, President
Soul of Delray
404 West Atlantic Avenue
Delray Beach, Florida 33444
RE: REVISED DRAFT BUDGET/SOUL OF DELRAY 2002
Dear Mr. Wideman:
As we discussed, I did meet with Rosalind Murray last week to review the original budget submitted for
the Cultural Council Grant and to prepare an updated draft budget for your review. Attached is a copy of
a draft-revised budget. However, Rosalind and I were not able to finalize many of the numbers and need
your review and input. We especially need your assistance in projecting cash revenue amounts from
vendors, sponsors, and other agencies.
On the expense side, we just made an educated guess as to the fee that might be charged by the
production company as well as possible costs for stage, lighting, hotels, etc. In addition, I thought it
would be helpful to remind everyone that the funding to be received from the County and Cultural
Council is reimbursable and will require a legal third party to execute the formal agreements as well as
front-end the funding until reimbursement is received. My guess is they will require agreements like we
had for the first Soul of Delray as well as require invoices for all expenditures.
I hope this revision is helpful to you and await any further direction that you may have for me.
Sincerely,
Robert A. Barcinski
Assistant City Manager
RAB/gb
Attachment
cc: Rosalind Murray
\\CAROLINAU3auerSLRABLRevised Draft Budget-Soul of Delray 2002.doc
THE EFFORT ALWAYS MATTERS
Printed on Recycled Paper
Draft Revision
Budget Soul of Delray
Revenue (Cash)
Palm Beach County Cultural Council
Palm Beach County
Vendor Income
Bal. Brought Fwd.
DDA
CRA
Sponsors
Subtotal
$13,000 (*)
20,000 (*)
15,000
4,000
1,000
1,000
5,000
$59,000
Revenue In-Kind
City (Personnel) $15,000
Coke 7,000
Advertising/Promotion 10,000
Artist Transportation 2,000
Subtotal $34,000
Grand Total $93,000
(*) Reimbursable grant funds have to be provided until reimbursement received.
Expenses (Cash)
Accounting Fee
FEE Production Co.
Scholarships
Insurance
Portalets
Portable Lighting
Admin & Printing
Stages & Sound Equipment
Hotels
Food/Catering
Local Talent
Other Talent
Inkind
City Personnel
Marketing (Coke)
Advertising Promo.
Artist Transportation
Subtotal
Subtotal
Grand Total
$ 500
6,000
2,000
2,500
1,000
1,000
1,500
4,000
4,000
1,000
10,000
25,500
$59,000
$15,000
7,000
10,000
2,000
$34,000
$93,O00
Applicant Organization West
Coalition
E~h~bit A
PROGRAM BUDGET BY CA~TEGORY
TOTAL.
PROGRAM
ALLOCATION OF BUDGET
CATEGORY C October I, 2001-
EXPENSES -FUNDS OTHER FUNDS September 30, 2002
Personnel - Administration N/A'
Personnel - Technical/Production $ 4,0 0 0 ~ 4: n 0 0
Outside Professional Sendces (Artbt Fees) $11,0 n n $ 64,000 $ 75, 000
Outside Professional Services (Othe0
Space Rental
Printing $1. nnn $1. 000
Mark ing/Adv lng ""
et ertis ¢~n nnn ~10.o0o
Supplies . $1,500 $1,500
Travel $4, ooo ~;4. ooo
Postage and Shipping N/A
Other Operating Expenses N/A $ 36,500 $ 36,500
TOTAL EXPENSES $1 5. 000 $11 7. 1300 ~1 a)_ nan
October 1, 2001-
REVENUE ' Sept,tuber 30, :1002
Admissions
Contracted Services Revenue Vendor Income , . $113 r 0an
Other Revenue ( I n K± nd ) $ 3 a; 0 n n
Corporate Contributions $ ! 5,0 0 0
Foundation Grants ~; ,:;. 13 n n
Other Private Support
Goverm. ent Grants (Federal) s tare $1 n. n 00
Government Grants (Local, including Cultural Council)' ci ~-y, nn~; c,-,,,,~ey; r.~ $'~!. 500
Applicant Cash _
TOTAL REVENUES $1 a ~ ~ n n
ApplmantOrgamzabonWest Atlantic Redevelopment Coalition
Exhibit B
.PROJECTED PROGRAM BUDGET
OCTOBER 1, 2001 -SEPTEMBER 30, 2002 PROJECTED BUDGET DETAIL FOR PROGRAM
(Break down and explain how each item was estimated using the expense/revenue categories from Exhibit A.)
Expenses -- Revenue
National Entertainment (includes
light and sound) $50,000
Insurance $ 2,500
Stage (second) $ 4,000
.Port-a-lets .$ 1,000
Banners,Posters $ 500
Hotel Costs $ 4,000
South FL. Ent. $25,000
Printing $ 1,000
Marketing $10,000
Total $98,000
Vendor Income
DDA
CRA
Sponsor Income
County
Cultural Council
State of FL
Found. Grants
Total
ihcKin6'''
City of Delray
Coke
Advertising
Artist Transpo
Subtotal
$10,000
$ 5,000
$ 1,500
$15,000
$50,000
$15,000
$10,000
$ 5,000
$111,500
$15,000
$ 7,000
$10,000
$ 2,000
$34,000
ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City
Manager
SUBJECT: Agenda Item City Commission Meeting January 8, 2002
Delray Green Market
DATE: January 2, 2002
Action
City Commission is requested to consider approval of a request by the Delray Green
Market to allow the market to expand and utilize a portion of SE 2nd Avenue from
Atlantic Avenue to just north of the first parking lot entrance.
Back~ronnd
Last April, City Commission approved a request by the Green Market to move to
Worthing Park. This location has proved so successful the Green Market is requesting
approval to expand to SE 2nd Avenue adjacent to the park as per the attached. City staff
including Police and Fire have reviewed this request and have no objection. This item
was pulled from the December 4th meeting, however, Ms. Moore has requested that this
item be put back on this meeting.
Recommendation
Staff recommends approval of the request from the Delray Green Market to utilize a
portion of SE 2nd Avenue as requested with the understanding that if this creates a
conflict with other events, they may be required to vacate the street.
RAB/tas
Cc: Lori Moore, Green Market Manager
File u:sweeney/agenda
Doc: Green Market agenda 010802
delr y GreenM rket
worthing park
December 6, 2001
Mr. Robert A. Barcinski
City of Delray Beach
City Manager
100 NW 1 ~t Avenue,
Delray Beach, Florida 33444
0 7
Dear Mr. Barcinski:
As you know the GreenMarket has a new location this year in Worthing Park on East
Atlantic Avenue and is thriving there. The customer attendance has been heavy and is
sometimes difficult to shut down at 1:00 p.m. I have had to mm away many vendors
because I am out of space. Currently the park can hold thirty two vendors which has
required a lot of creative planning and leaves little room for tables and chairs for people
to sit and enjoy the music or chat with friends.
Beginning January 5, 2002 1 would appreciate it if the City would consider closing offa
portion of SE Second Avenue from Atlantic Avenue to the end of Worthing Park (see
attached). This would not interfere with cars getting in and out of the public parking lot
behind the park and would give me eleven additional vendor spaces. The tents are
10'X10' leaving a 14'7" clearance for emergency vehicles.
Thank you for your consideration of this matter.
Sincerely,
Lori Moore
Green Market Manager
104 west atlantic avenue &hay beach, florida 33444 561.276.7511
OLD
SCHOOL
SQUARE
ATLANTIC AVENUE
~'~ tO"Xl~
WORTHIN~
PARK
S. g.
1ST
S T,
N
CITY OF DELRAY 8EACH, FL
PLANNING & ZONING DEPARTMENT
GREEN MARKET EXPANSION LOCATION
--- DIGITAL BASE MAP SYSTEM --
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~/~- REGULAR,MEETING OF JANUARY 8, 2002
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: January 4, 2002
Attached is the Report of Appealable Land Use Items for the period December 10, 2001 through
January 4, 2002, it informs the Commission of the various land use actions taken by the designated
boards that may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
RefiApagmemo.Appealables.01-08-02
TO:
THRU:
FROM:
SUBJECT:
DAV, lp T. HARDEN, CITY MANAGER
PAUL DORLING, DIRECTOR OF PLANNING AND ZONING
INALLEN, PLANNER
MEETING OF JANUARY 8, 2002 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 10, 2001
THRU JANUARY4, 2002
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 10, 2001 through
January 4, 2002.
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.
Approved with conditions (6 to 0, Morris absent), a conditional use modification to
allow the expansion of the outdoor dining area for Sundy Inn, located at the
southwest corner of South Swinton Avenue and SW 1st Street.
No other appealable items were considered by the Planning and Zoning Board. The
following items will be forwarded to the City Commission for action.
Recommended approval (6 to 0), of the abandonment of a 0.498 acre parcel of
land located on the east side of SW 10th Avenue approximately 240 feet south of
Linton Boulevard known as Tract "A" Laver's North.
City Commission Documentation
Appealable Items Meeting of January 8, 2002
Page 2
Recommended approval (6 to 0), of an amendment to the Land Development
Regulations Sections 4.4.1 I(B) and (D) NC (Neighborhood Commercial) District to
allow equipment rental and display as a conditional use.
Recommended approval (6 to 0), of an amendment to the Land Development
Regulations Section 4.6.16(D)(2) to add a subsection regarding the substitution of
mature, exceptional tree specimens for required parking.
Recommended approval (6 to 0) of a combined preliminary/final plat for Parkside
Townhomes Replat, a proposed 165-unit townhouse development, located on the
east side of Coral Trace Boulevard, approximately 1,100 feet north of West Atlantic
Avenue.
Recommended approval (6 to 0), of a combined preliminary/final plat for Mallory
Square, a proposed 84-unit townhouse development, located at the southeast
th rd
corner of SE 5 Avenue (southbound Federal Highway) and SE 3 Street.
Approved with conditions (7 to 0), a blanket sign package for flat wall sign and free
standing signs for the Kokopelli Building, located on the west side of NE 6th
Avenue(northbound Federal Highway), south of NE 2nd Street (124-152 NE 6th
Avenue).
Approved (7 to 0), a request for a color change for the Wideman Building, located
at the southwest comer of West Atlantic Avenue and SW 4th Avenue (404 West
Atlantic Avenue).
Approved (7 to 0), the architectural elevation plan associated with fa(;ade changes
and a request for a color change for Chesterfield's Pub, located at the northwest
corner of SE 6th Avenue (northbound Federal Highway) and SE 6th Street (530 SE
6th Avenue.
Approved (6 to 0, Eliopoulos stepped down), a Class I site plan modification,
landscape plan and architectural elevation for Mallory Square Sales Trailer,
located at the southeast corner of SE 5th Avenue (southbound Federal Highway)
and SE 3rd Street.
Approved with conditions (6 to 0, Eliopoulos stepped down), a Class V site plan,
landscape plan and architectural elevation plan associated with the construction of
a 84-unit townhouse development for Mallory Square, located at the southeast
corner of SE 5th Avenue (southbound Federal Highway) and SE 3rd Street.
Concurrently, the Board approved on a 5 to1 vote (Dabney-Battle dissenting) the
following waivers:
· Reduced the standard aisle width from 24' for the two-way traffic to 22' for
the north/south driveways and 20' for the east/west driveways.
City Commission Documentation
Appealable Items Meeting of January 8, 2002
Page 3
· Eliminated the type "D" curb adjacent to the 2' and 4' wide islands.
Approved with conditions (6 to 0, Eliopoulos stepped down), a Class IV site plan
modification, and architectural elevation plan associated with the addition of a 4-
story hotel to an existing building and construction of a 4-story garage for Spanish
River, located at the northeast corner of East Atlantic Avenue and Seabreeze
Avenue. The Board tabled the landscape plan in order to allow the applicant to
address the provision of additional landscape materials including more vertical
elements along the buildings and to provide a more elegant and defined design at
the entranceways.
Approved with conditions (7 to 0), a Class V site plan, landscape plan and
architectural elevation plan associated with the construction of a 16-unit townhouse
development for Town Place, located on the west side of NE 6th Avenue
(northbound Federal Highway), south of NE 2nd Street. Concurrently the Board
approved the following waivers:
· Allowed decorative sidewalks within the required 10 foot landscape setback
area adjacent to NE 6th Avenue (northbound Federal Highway),
· Reduced the sight visibility triangle from the required 20' to 15' for the
accessways along NE 6th Avenue (northbound Federal Highway).
· Reduced the width of the landscape islands located adjacent to the alley
from 5 feet to 3 feet.
Approved with conditions (6 to 0, Perez-Azua stepped down), a Class V site plan,
landscape plan and architectural elevation plan associated with the construction of
a 24,000 square foot office plaza for Grand Bahamas Professional Plaza,
located on the east side of NW 17th Avenue at the east end of Fountains Way
within the Delray Park of Commerce.
Approved with conditions (7 to 0), a Class V site plan and landscape plan
associated with the construction of a 16,480 square foot commercial plaza for
Fountains Center, located on the west side of Military Trail, approximately 340
feet south of Fountains Way. The Board tabled the architectural elevation plan in
order to allow the applicant to address the provision of more architectural elements
on the building fa~;ade.
8. Approved (5 to 0, Perez-Azua and Sneiderman absent), the architectural elevation
plan for Fountains Center, a proposed commercial development, located on the
west side of Military Trail, approximately 340 feet south of Fountains Way.
City Commission Documentation
Appealable Items Meeting of January 8, 2002
Page 4
9. Approved (5 to 0), a request for a color change for 430 & 440 Buildings, located
on the west side of NE 5th Avenue (southbound Federal Highway), north of NE 4th
Avenue (430-440 NE 5th Avenue).
10.Approved with conditions (5 to 0), a request for a color change for 285 Building,
located on the east side of SE th
6 Avenue (northbound Federal Highway), north of
SE 3rd Street (285 SE 6th Avenue).
11.
Approved (4 to 0, Eliopoulos stepped down), a request for a color change for
Autobahn Motors, located on the west side of North Federal Highway, south of
Gulf Stream Boulevard.
12.
Approved with conditions (5 to 0), the architectural elevation plan associated with
a new mixed-use building for Bremmer Building, located on the east side of North
Federal Highway, approximately 250 feet north of Bond Way. The site and
landscape plans were previously approved by the Board.
13.
Tabled (5 to 0), the Class I site plan modification associated with the installation of
roof top antennas for AT&T and Nextel at Palm Court Plaza, located at the
southwest corner of Military Trail and Linton Boulevard (5150 Linton Boulevard).
The Board tabled the item as they felt that additional screening should be provided
for the existing antennas.
14.
Approved with conditions (5 to 0), the architectural elevation plan associated with
changing the building material of a perimeter wall from concrete panel to PVC
fence at Enterprise Rent-A-Car, located at the northeast corner of SE 6th Avenue
(northbound Federal Highway) and SE 10th Street (959 SE 6th Avenue).
15.
Approved with conditions (5 to 0), a Class II site plan modification, landscape plan
and architectural elevation plan associated with a 166 square foot cold/dry storage
building for Kentucky Fried Chicken, located on the south side of Linton
th
Boulevard, east of SW 4 Avenue (360 West Linton Boulevard).
The Regular Meeting of the Historic Preservation Board was cancelled due to a lack of
a quorum.
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
January 8, 2002
L-3O C4NAL
NW 2NDST
AW 2ND ST
C-'iS CANAL
~W
P&Z:
A. SUND¥ INN
S.P.R.A.B.:
1. KOKOPELLI BUILDING
2. WIDEMAN BUILDING
3. CHESTERFIELDS PUB
4 MALLORY SQUARE
5. SPANISH RIVER
6. TOWN PLACE
7. GRAND BAHAMAS PROFESSIONAL
PLAZA
8. FOUNTAINS CENTER
9 430 & 440 BUILDINGS
'10. 285 BUILDING
11 AUTOBAHN MOTORS
12 BREMMER BUILDING
13. A T& T AND NEXTEL ANTENNAS AT PALM
COURT PLAZA
14. ENTERPRISE RENT-A-CAR
15 KENTUCKY' FRIED CHICKEN
ONE MILE
GRAPHIC SCALE
CIT~ OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2OO2
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM 0O' (~)- REGULAR MEETING OF JANUARY 8, 2002
AWARD OF BIDS AND CONTRACTS
JANUARY 4, 2002
This is before the City Commission to approve the award of the following bids:
o
Purchase award to CompServ in the amount of $21,175.00 for the purchase of
three servers under State Contract #25004099-1. Funding is available from 001-
1811-513-64.11 (Computer Equipment) in the amount of $12,137.00 and 334-
6112-519-64.11 (Computer Equipment) in the amount of $9,038.00.
Bid award to Tanner Industries in the amount of $15,680.00 for the purchase of
Anhdyrous Ammonia for the Water Treatment Plant. Funding is available from
441-5122-536-52.21 (Operating Supplies/Chemicals).
Bid award to Accurate Tennis in the amount of $23,900.00 for the resurfacing of
six (6) acrylic tennis courts and full fiberglass membrane on the stadium court at
the Tennis Center. Funding is available from 334-4145-572.63.90 (Other
Improvements).
Recommend approval of the above bids and purchases.
S:\C~ty Clerk\Clerk\B~d.Agrnemo. 10802.doc
Memorandum
To: David T. Harden, City manager
From: Richard Zuccaro, MIS Manager
Through: Joseph M. rector of Finance
Date: December 27, 2001
Subject: Commission Approval for the Purchase of Three (3) Servers
We are requesting the purchase of three (3) servers totaling $21,175, from COMPSERV, State
Contract # 25004099-1, proposals attached.
One of these servers is to be used as a "City-wide Application Server". We have already employed MS
Office XP on a Terminal server in several locations in the City, however the number of users that can be
supported by the server is 50 and we are approaching that limit.
The second server will be dedicated as a "Departmental Application Server" to house departmental
specific applications, i.e., (Hansen, BackFlow, HTE applications, PDoc, EMS Billing, etc.) This server
will eliminate MIS personnel having to physically visit each desktop computer to install, upgrade or
apply hot fixes.
The third server will be used house the Citrix server farm's management software tools including
Installation Manager 2.0, Resource Manager 2.0, and Network Manager 1.0. The Installation Manager
2.0 is an application deployment tool that eliminates the difficulty of installing applications and other
software components to local area network (LAN), or across a vast enterprise. The Resource Manager
2.0 manages resources on a server, or on an enterprise network. Resource Manager 2.0 permits MIS to
collect, display and analyze data about system performance, application use and user activity. Network
Manager 1.0 provides comprehensive Citrix management capabilities to manage network from a single
point.
Our goal is to eventually have all of the City's end-users running MS Windows 2000 Advanced Server
with Terminal Server Service and Citrix MetaFrame XPe 1.0 for the following reasons:
1.Enterprise - Class management - The major key benefits of application server computing is
centralized application management. The ability to install, upgrade, support and manage
applications from a central location helps increase administrative efficiency, reduce IT costs,
make the best use of limited IT resources and ensure faster time-to-value for new and upgraded
solutions.
2. Flexibility - Flexibility in devices and connections means fewer hardware roadblocks, greater
user satisfaction and more effective use of existing networks.
3. Webability- Citrix application server software provides a fast, simple way to integrate and
publish existing, interactive applications into a Web browser.
4. Seamless Integration - Citrix application server computing allows MIS to leverage our entire
technology infrastructure while delivering LAN-like application access to users.
5. Extended Life Cycle - Terminal server extends the life cycle of end-user computers. Since all
of the applications are stored and executed from the terminal server the need for large fast end-
user computers is eliminated in most cases. We have demonstrated that we can run a small,
older 133Mhz end-user computer with the throughput (speed) of the 800Mhz terminal server.
Funding in the amount of $12,137 is to come from MIS Fiscal 01-02 approved budget, account
001-1811-513-64-11, and Renewal and Replacement Fund 334-6112-519-64-11 in the amount of
$9,038.
Quote #:131896
SPECIA£ ~UOTATION PREPARED FOR
MONTRI CH^ISAKUL
DELRAY BEAGH GITY
ATTN. AGCOUNTS PAYABLE
100 NW 1STH AVE.
DELRAY BEACH, FI_ 33444
From: MELISSA ROBINSON, 800-521-2777 111 561-243-7161
CompSer~, Inc. 2325 Ulmerton Rd Ste 16, Clearwater, FI 33762 727-299.9220 FAX 727-299-9420 Page: 1
Item Descrintion Qtv Price UM Extended I
142673B22 18.2G~ HD U3WSCSI HPLUG 3 5LP 6.00 338.00 EA 2028.00
1.0IN 10K RPM
FMEL4HR36 CAREPAQ 3YR 9X5 4HR OS ML330 M 3.00 435 00 EA 1305.00
L350 DL360
Cl100016 W2KSVRCD5U 3.00 855.00 EA 2565.00
ALL STOCK AVAILABLE*
FREE GROUND FRT INCL**
P3/1260 512K PROC OPT FOR DL36
0
236121B21 3.00 1027.00EA 3081.00
Prices and availability ire subject to change. This document is considered
highly confidential and is intended for use by CompServ and client representatives
only. CompServ requests that no unauthorized copies be produced.
TOTAL: 8979.00
I Date: 12/03101
SPECIAL QUOTA TION P~PA~D FOR
MONTRI CHAISAKUL
DELRAY BEACH CITY
A'i-I'N: ACCOUNTS PAYABLE
100 NW 1STH AVE.
DELI{AY BEACH, FL 33'!'!?,
From: TERRI ROMANO, 800-521-2777 561-243-7161
CompServ, Inc. 2325 Ulmerton Rd Ste 16, Clearvrater, FI 33762 727-299.9220 FAX 727-299-9420 Page: 1
I:~tended '1
Item Deacrir~tien Otv Price UM
400337001 1X8 K~M SERVER CONSOLE SWITCH 1.00 945.00 EA
BOX
110936B21 12FT KVM CONSOLE CABLE CPU TO 8.00 71.00 EA
SWITCH BOX
338056B21 RACK 1U KEYBOARD DRAWER ALL CO 1.00 223.00 EA
MPAQ RACKS
158649001 1U RACK KEYBOARD WITH HOT KEYS 1.00 145.00 EA
& TRACKBALL
ALL STOCK AVAILABLE*
FREE GROUND FRT INCL**
217248001 TFT5010R 151N LCD FLAT PANEL R 1.00 1277.00EA
M MeN 2U
945.00
568.00
223.00
145.00
1277.00
Prices and availability are subject to change. This document is considered
highly con~dential and is intended for use by CompServ and client representatives
only. CompServ requests that no unauthorized copies be produced.
TOTAL:
3158.00
Date: 12/05101
SPECIAL QUOTA TION PREPARED FOR
MONTRI CHAISAKUL
DELRAY BEACH CITY
ATTN: ACCOUNTS PAYABLE
100 NW 1STH AVE.
DELRAY BEACH, FL 33444
From: MELISSA ROBINSON, 800-521-2777 111 56t-243-7161
CompServ, Inc. 2325 Ulmerton Rd Ste 16, Clearwater, FI 33762 727-299.9220 FAX 727-299-9420 Page: 1
Item Description Qtv Price UM Extended
247273001 PROLI~NT DL360 RM P3/1266 128M 1 0O 6248.00EA 6248.00
B 512K SVR 3-P
128279B21 512MB PC133 DIMM ML330-370 DL3 6.00 465.00 EA 2790.00
80 ML530
ALL STOCK AVAILABLE*
FREE GROUND FRT INCL**
Prices and availability are subject to change. This document is considered
highly confidential and is intended for use by CompServ and client representabves
only. CompServ requests that no unauthorized copies be produced.
TOTAL: 9038.00
AGENDA ITEM NUMBER'
AGENDA REQUEST
Date: 12-27-01
Request to be placed on:
x Consent Agenda Special Agenda Workshop Agenda
When: 01-08-02
Description of agenda item: Approval of the purchase of three servers from CompServ
State Contract #25004099-1 Total purchase $21,175. Funding to come from MIS account code
001-1811-513-64 11 ($12,137) and Renewal and Replacement Fund 334-6112-519-64 11
($9,038)
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached
YES NO X
YES NO
Recommendation: Approval is recommended by MIS Manager and Finance Director
Determination of Consistency w n: n/a
City Attorney Review/Recommendation (if applicable): n/a
Budget Director Review
(required on all items involving expenditure of funds):
Funding available' Yes
Funding alternatives (if applicable):
Account Number.
Account Description'
Account Balance:
City Manager Review:
Approved for Agenda:
Hold Until'
Agenda Coordinator Review:
Recewed:
Action: ,.
No
001-1811-513-64.11 and 334-6112-519-64.11
Computer Equipment
001-1811-513-64.11 ($12,486.00)
334-6112-519-64.11 (.$98,880.00)
Approved'
Disapproved.
P.O. #
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor<~
Joseph Saf~i?nance Director
January 02, 2002
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
JANUARY 08, 2002, CONTRACT RENEWAL
BID #026-2821-01/KR - CITY OF BOYNTON BEACH
CO-OP BID FOR ANHYDROUS AMMONIA
Item Before Commission:
The City Commission is requested to approve the contract renewal award with Tanner Industries
for the purchase of Anhydrous Ammonia for the Water Treatment Plant at an estimated annual
cost of $15,680 via the City of Boynton Beach Co-op Bid #026-2821/KR.
Background:
The City of Boynton Beach is the lead agency for this Palm Beach County Co-operative bid.
Tanner Industries was awarded the bid by City of Boynton Beach in February of 2001.
Documentation on file in the Purchasing Office.
The City of Boynton Beach has renewed the bid with Tanner Industries for an additional year at
their December 18, 2001 Agenda Meeting. See attached memo dated December 19, 2001 to the
participating members of the Co-operative Purchasing Council of Palm Beach County.
The Manager of the Water Treatment Plant recommends the one year renewal as stated on the
attached memo dated January 12, 2001.
Recommendation:
Purchasing staff recommends the one year renewal with Tanner Industries for the purchase of
Anhydrous Ammonia via the City of Boynton Beach Co-op Bid #026-2821-01/KR at an
estimated annual usage of $15,680 for the City of Delray Beach. Funding from account code
441-5122-536-52.21.
Attachments:
Memo from City of Boynton Beach Dated December 19, 2001
Memo from Manager Water Treatment Plant Dated January 12, 2001
MEMORANDUM
TO:
FROM:
Ail Participating Entities
(see distribution list)
Buyer, City of Boynton Beach
Attached are copies of the following:
Commission Agenda Memo
Award Letter to Tanner Industries, Inc.
DATE: December 19, 2001
SUBJECT: "Co-Op Anhydrous Ammonia"
Bid #026-2821-02/kr
Letter fi.om Tanner (extension)
Co-Op Survey Sheets
At the City Commission meeting of December 18, 2001, this bid was extended to Tanner Industries, Inc.
for an addttional year.
Contract Renewal Period: FEBRUARY 21, 2002 TO FEBRUARY 20, 2003
If you have any questions, or need any additional information, please call this office at (561) 742-6322.
DISTRIBUTION LIST:
City of Belle Glade/Chuck Stamm
City of Boca Kunkel
City of Lake Worth/Tom Anderson
City of Pompano Beach/Leeta Hardin
City of Riviera Beach/Carl Staley
Village o f Tequesta/Roy Fallon
File
The City of
Boynton Beach
NAME OF BID:
Procurement Services
I00 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6320
FAX: (561) 742-6306
"CO-OP ANHYDROUS AMMONIA"
RECEIVED
NOV ~6 200!
BID#:
026-2821-01/KR
Agreement between the City of Boynton Beach, Owner; and
TANNER INDUSTRIES, INC.
(Company's Name)
Contract Extension Per/od: FEBRUARY 21, 2002 TO FEBRUARY 20, 2003
~'(cs. ! a~ee to extend the existing bid proposal pr/ce until February 20, 2003.
',,'o. I do not wish to extend the existing bid proposal pr/ce until February 20, 2003.
",' \NII~ ~)1: COMPANY
',.\\Ii. ' ~!' [~EPKESENTATIVE
, r,ica.~c print)
TITLE
D.\ FI:.
(AREA CODE) TELEPHONE NUMBER
America's Ga~e,vay to the Guild,ream 4
TO:
FROM:
SUBJECT:
DATE:
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
JACKIE ROONEY
JOHN BULLARD ~
CO-OP BID ANHYDROUS AMMONIA
JANUARY 12, 2001
N D U M
www delrayesd corn
I approve of awarding the contract to Tanner Industries for the purchase
of Anhydrous Ammonia for the Water Treatment Plant,
cc: Dan Beatty
Fax # 7166
U. Imemo formatlammoma bid O11201 doc
AGENDA ITEM NUMBER: 4J:~' O ',~
AGENDA REQUEST
Request to be placed on: January 08, 2002
Date: January 02, 2002
XX Consent Agenda __ Special Agenda __ Workshop Agenda
Description of agenda item:
Approval of the one year contract renewal with Tanner Industries for the purchase of Anhydrous
Ammonia for the Water Treatment Plant at an estimated annual cost of $15,680 via the City of
Boynton Beach Co-op Bid #026-2821/KR.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Contract renewal with Tanner Industries for the purchase of Anhydrous Ammonia via the City of
Boynton Beach Co-op Bid #026-2821/KR at an estimated annual cost of $15,680. Funding from
account code 441-5122-536-52.21.
Determination of Consistency i~Comprehensive 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)
;z52, (o(ol
City Manager Review:
Approved for agenda: ~s~
Hold Until:
No
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David Harden, City Manager
Jacklyn Rooney, Purchasing Superviso~
Joseph Saf~ance Director
January 03, 2002
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
JANUARY 08, 2002 - APPROVE AWARD FOR RESURFACING
OF SIX (6) ACRYLIC COURTS AND STADIUM COURT
AT THE DELRAY BEACH TENNIS CENTER
Item Before Commission:
City Commission is requested to approve award to Accurate Tennis for resurfacing six (6) acrylic
courts and full fiberglass membrane on the stadium court at the Delray Beach Tennis Center for
a total mount of $23,900.
Background:
The Delray Beach Tennis Center needs to have six (6) acrylic courts resurfaced and the stadium
court for the upcoming Citrix Tournament. The awarded vendor will pressure clean, patch
cracks, apply acrylic resurfacer, and paint and re-install net posts to match existing. This work
must be completed as soon as possible for the upcoming Citrix Tournament.
Bids were received from three (3) Contractors all in accordance with detailed specifications
written by the Delray Beach Tennis Center Maintenance Director.
The Assistant City Manager recommends award to the low bidder, Accurate Tennis for the total
amount of $23,900. See attached memo dated January 02, 2002.
Recommendation:
Staff recommends award to Accurate Tennis for the resurfacing of six (6) acrylic courts and the
stadium court at the Delray Beach Tennis Center for a total amount of $23,900. Funding from
account code//334-4145-572-63.90 (Other Improvements).
Attachments:
Memo to Asst. City Manager
Quotes Received
[IT¥ I)F I)ELR;I¥
PURCHASING DIVISION
TO:
FROM:
SUBJECT:
DATE:
Robert Barcinski, Asst. City Manager
Jackie Rooney, Purchasing Superviso~:~
Resurfacing Tennis Courts
January 03,2002
Jeff Dooner, Maintenance Director, Delray Beach Tennis Center, requested
quotes from three (3) vendors for resurfacing of six (6) acrylic courts and the full
fiberglass membrane on Stadium Court at the Delray Beach Tennis for the
upcoming Citrix Tournament.
Quotes were received as follows, (copies attached):
Accurate Tennis
The Fast-Dry Companies
Froehling's / Papico
$ 23,900.00
$ 26,OOO.OO
$ 26,5OO.OO
Recommendation from Jeff Dooner, Maintenance Director, Delray Beach Tennis
Center is to award to Iow bidder, Accurate Tennis for the total amount of
$23,900. Funding from account code 334-4145-572-63.90 (Other
Improvements).
If you approve, please sign below and return to Purchasing, and I will do the
Commission Agenda package for the January 08, 2002 meeting.
Asst. City Manager Date
Cc: Joseph Saffor~'~' ance Director
Attachments:
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: January 08, 2002
Date: January 03, 2002
XX Consent Agenda
__ Special Agenda
__ Workshop Agenda
Description of agenda item:
Approval for award to Accurate Tennis for the resurfacing of six (6) acrylic courts and full
fiberglass membrane on the stadium court at the Delray Beach Tennis Center for the total amount
of $23,900 per quotes requested by the Delray Beach Tennis Center staff.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve award to Accurate Tennis for the total amount of $23,900 for resurfacing courts at the
Delray Beach Tennis Center. Funding from account code 334-4145-572-63.90 (Other
Improvements).
Determination of Consistency~vffh Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes I,~, No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda:('~.
No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
11/28/01 WED 12:07 FAX
11/2g/2001 22:52
19~9759G91
Ull/l$10N
002
01
No~-mber 28, 2001
Chy of Delray B~ach
ATTN: Jerome
I have applied for a permi~ 01-16907 to construct a dock at my PrOl~rty at 405 SE 7~
Avenue, Delray Beach, Florida. This pmpo.~d dock extendx out 35 0. from tl~ l~olm-rty
line. This distance ts necessary lo reach adequate ,~ter depth. Other docks in this area
e~end further irm) thc w~erwny, than this prol~.'~d dogk. The propoaed dock will not
create aqy hazard to navigation. Wc already have aoprov~l: fi'om thc Department of
Environme~xtal Protection and the Arm.v Corps of Engine. ers.
If you require ti~ther information, p]~a.st~ call 561-330-3135.
Sincerely,
-13309 S.E 1ST. STREET
POMPANO BEACH
FLORIDA 35060
ACCURATE LAND SURVEYORS, INC.
W L,B. #,3635 ~IDE, o~ I
TEL (954) 782-1441
FAX. (954) 782-1442
ADDRESS: 405 S,E. 7th AVENUE
DELRAY BEACH, FLORIDA 33483
LEGAL DESCRIFTION:
PARCH. #Il Pm of~t 9, Block 1, OSCEOLA PARK. =:conllng to mag Iiled ea l'la Book 3,
dJstmtoe of 148.17 fm v,~slerly
me~m:d ,aaag em m~ lira ofsald Sa:tio~ 21: thane ,-,,~aly daeg d~ m.h lira of Se~iea
148. ! 7 f~ Io Ibc west Ji~ ot'b~e
gee~ th~ ~ risht-of-..~y li~ of aid
t
P~; NJ ~ ~ ~ o~ ~ ~ cl~ ~, ~ of~m ~
T~p~ ~ ~43 ~; ~ ~ ~ ~1~ ~ ~
SCALE: 1'-40'
N 771776.2576(Y~
LOCATION MAP £ 805714.2224(X)
NOT TO SCALE
,.~ N88'54'11"E 148.78'
PARCEL 2 ~.~' '
~ z
I
I
E 805~3.77~X~ I
SKETCH TO ACCOMPANY REQUEST
FOR ARMY CORPS OF ENGINEERS PERMIT
O+00
CUT P-65
~ 77184g.~37~(Y~ j
ao~a~4.e~(x) [
NOT A
~ RE:FLLeCl~ ALL EASEMENTS AND ~ ~T.
~ ~AD R~VA~S ~ ~ ~ WAY ~ R/~D BY
~A~ ~ ~S.
~Y~ ~ BY AC~A~ L~0 SUR~Y~S, I~ ~IS DAY OF
~Y tath, 2~, ~D ~S NOT IN~R ~ ~ O~ER~IP
~ ~
~ ~ DATA MAP, R~ NO. 8B-24,258. ~EET 12 ~ 20
~A~ ~D ~MEN~S AS ~O~ ~ ~S DRA~G MEET ~ EX.ED
~T ~ RE~R~EN~ ~ ~E C~PS OF EN~NEER~
~A~
~ A ~A U~NS~ SUR~YOR AND M~PER.
,,
- ' 's~ (~,R£S~OE:N'r)
PROFESSIONAL SURVLC'Y(~ AND MAPIa[R Ne 3869 -- STATE OF FLORtDA
OR
JASON H. PINNELL
PRO--AL SURV[~ AND MAPPER No.5734 -- STAI~E O~ FLORIDA
'.:
Department of
Environmental Protection
Southeast District
P.O. Box 15425
Jeb Bush West Palm Beach, Florida 33416
Governor
JUL 1
David B. Struhs
Secretary
Steve Harsnett
405 SE 7* Av~.
Delray Beach, FL 33483
Re:
File No.: 50-0167699-001
File Name: Harsnett, Steve
Dear Mr. Harsnett.
On March 20, 2000, we received your application for an exemption to perform the following activities: to conslxuct
A 5-foot by 27-foot access dock xvlth an 8-foot by 20-foot terminal platform. The project is located in the
Intracoastal Waterway, (Class III waters of the state), adjacent to 405 SE 7* Ave., (Section 21 Township 46 South,
Range 43 East) Delray Beach, Palm Beach County.
Your apphcation has been reviewed to determine whether it qualifies for any of three kinds of authorization that
may be necessary for works m wetlands or waters of the United States. The kinds of authorization are (1)
regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal
authorization. The authority for review and the outcomes of the reviews are listed below. Please read each section
carefully. Your project may not have qualified for all three forms of authorization. If your project did not qualify
for one or more of the authortzauons, refer to the specific section dealing with that authorization for advice on how
to obtain it.
1. Regulatory Review. - GRA~TED
The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title
62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the
Department and the water management districts, as referenced in Chapter 62-113, F.A.C.
Based on the information you submitted, we have determined that your project is exempt from the need to obtain a
DEP Environmental Resource Permit under Rule 40E-4.05 l(3)(b), F.A.C.
2. Proprietary Review (related to state-owned lands). - GRANTED
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees)
and issues certain authormations for the use of sovereign submerged lands. The Depaxtment has the authority to
review your project under Chapters 253 and 258, F.S., Chapters 18-20 and 18-21, F.A.C., and Section 62-343.075,
F.A.C.
Your project may occur on sovereign submerged land and will require authorization from the Board of Trustees to
use public property. As staffto the Board of Trustees, we have reviewed the proposed project and have determined
that, as long as ~t ~s located w~thm the described boundaries and is consistent with the attached general consent
conditions, the project qualifies for consent to use sovereign submerged lands. Therefore, pursuant to Chapter
253.77, Florida Statutes, you may consider this letter as authorization from the Board of Trustees to perform the
project.
3. Federal Revie~v (State Programmatic General Permit). - NOT GRANTED
Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the
Department and the U.S. Army Corps of Engineers (Corps).
"More ProtectJon, Less Process"
Pnnted on recTded paper.
File Name: Harsnett, Steve
FDEP File No. 50-0167699-001
Page 2
The agreement is outlined in a document titled Coordination Agreement Between the U.S. Army Corps of Engineers
and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the
Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act.
Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the
attached drawings, the proposed project is no.t consistent with the SPGP program. A copy of your application has
been sent to the Corps who may require a separate permit. Failure to obtain their authorization prior to construction
could subject you to enforcement action. For further information, contact the Corps directly.
The determinations in this letter are based solely on the information provided to the Department and on the ~tatutes
and rules in effect when the application was submitted. The determinations are effective only for the specific
activity proposed. These determmauons shall automatically expire if site conditions materially change or if the
governing statutes or roles are amended. In addinon, any substantial modifications in your plans should be
submitted to the Department for review, as changes may result in a permit being required. In any event, this
determination shall expire after one year.
This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may
be required for the project.
NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS
This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Rule 40E-
4.051(3)Co), F.A.C. This determination is final and effective on the date filed with the Clerk of the Department
unless a sufficient petition for an admimstrafive hearing is timely filed under sections 120.569 and 120.57 of the
Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this
determination automatically becomes only proposed agency action subject to the result of the administrative review
process. Therefore, on the filing of a umely and sufficient peUtion, this action will not be final and effective until
further order of the Department. The procedures for petitioning for a hearing are set forth in the attached notice.
This determination is based on the information you provided the Department and the statutes and rules in effect
when the application was submitted and is effective only for the specific activity proposed. This determination shall
automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition,
any substantial modifications in your plans should be submitted to the Department for review, as changes may result
in a permit being required. In any event, this determination shall expire after one year.
Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed
under this determination of exemption have a right to request an administrative hearing on the Department's
decision that the proposed activity qualifies for this exemption. Because the adrninintrafive hearing process is
designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing
may result in a final determination that the proposed activity is not authorized under the exemption established
under Rule 40E-4.051(3)(b), F.A C.
The Department will not publish notice of this determination. Publication of this notice by you is optional and is not
required for you to proceed. However, in the event that an administrative hearing is held and the Department's
determination is reversed, proceeding with the proposed activity before the time period for requesting an
administrative hearing has expired would mean that the activity was conducted without the required permit.
If you wish to limit the time within which all substantially affected persons may request an adminintrative hearing,
you may elect to publish, at your own expense, the enclosed notice (Attachment A) in the legal advertisement
section of a newspaper of general circulation in the county where the activity is to take place. A single publication
will suffice.
If you wish to limit the time within which any specific person(s) may request an admini~xative hearing, you may
provide such person(s), by certified mail, a copy of this determination, including Attachment A.
File Name: Harsnett, Steve
FDEP File No. 50-0167699-001
Page 3
For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of
sections 50.01 l and 50.031 oft_he Florida Statutes. In the event you do publish this notice/within seven days of
publication, you must provide to the following address proof of publication issued by the newspaper as provided in
section 50.051 of the Florida Statutes. If you provide direct written notice to any person as noted above, you must
provide to the following address a copy of the direct written notice.
Florida Deparmaent of Environmental Protection
Southeast District
Submerged Lands & Environmental Resources Program
P.O. Box 15425
West Palm Beach, FL 33416
If you have any questions, please contact Deparunent staff at 561/ 681-6649. W'nen referring to your project,
please use the FDEP file name and number listed above.
SincereLy,
Timothy Rach
Enviromenlal Manager
Submerged Lands & Environmental
Resources Program
E~closures
cc: USACOE - WPB
Seny Wooten, Bmward Piling, Inc., 1360 NW 136 St., Pompano Beach, FL 33069
Melllo
To:
From:
Dat~:
R~:
David Harden, C~ty Manager
Lula Butler, Director-Community Improvement ~V/,~/
December 13, 2001
Request for C~ty Commission Approval of a 35-Foot F~nger Pier Located at 405 SE
7th Avenue
ITEM BEFORE THE COMMISSION:
City Commission approval of mod~ficabons to the standards under Section 7.9.8 governing
Finger P~ers pursuant to Section 7.9.4 (A) of the Land Development Regulations.
BACKGROUND:
Broward Pihng, Inc., acting as the agent for the owners of the property referenced above, ~s
requesting a vanance from the City Commission, which would provide for a 10 foot waiver to
the maximum 25 feet limitation that these docks are allowed to extend from the seawall. The
owners will be constructing a 35 foot dock located in a basin that has a clear channel of 150
feet of water. The additional 10 feet is required for each dock to allow boats to be moored
safely The water depth adjacent to the seawall ~s approximately one foot, at 25 feet, the
depth is about two and one half feet, at 35 feet out, the depth ~s approximately 48 inches
The owner has provided a letter putting forth their hardship and the applicant has received
approval from the Department of Environmental Protection and Department of The Army
Corp. of Engineers. The appropriate documents are attached for your reference
RECOMMENDATION:
Staff recommends City Commission approval of this appeal pursuant to Section 7.9.4 (A) of
the LDR's standards because th~s mod~ficabon will not endanger public safety or welfare and
hardship as presented
General Consent Conditions
1. No activities other than those set forth in the referenced letter are authorized. Any additional activities on state-
owned sovereign submerged lands must receive further consent from the Governor and Cabinet, sitting as the
Board of Trustees of the Internal Improvement Trust Fund (hereinafter the "Board") or their properly designated
agent
2. Grantee agrees that all title and interest to all lands lying below the historical mean high water line or ordinary high
water line are vested in the Board, and shall make no claim of title or interest in said lands by reason of the
occupancy'or use thereof.
3. Grantee agrees to nsc or occupy the subject premises for those purposes specified herein, and Grantee shall not
permit the premises or any part thereof to be used or occupied for any other purpose or knowingly permit or suffer
any nuisances or illegal operations of any kind on the premises.
4. Grantee agrees to maintain the premises in good condition in the interest of the public health, safety and welfare.
The premises are subject to inspection by the Board or its designated agent at any reasonable time.
5. Grantee agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions,
lawsuits and demands arising out of this consent.
6. No failure, or successive failures, on the part ofthe Board to enforce any provision, waiver or successive waivers
on the part of the Board of any provision hereto, shall operate as a discharge thereof or render the same inoperative
or impazr the right of the Board to enforce the same in the event of subsequent breach.
7. Grantee binds itself and its successors and assigns to abide by the provisions and conditions set forth herein. In the
event Grantee fails or refuses to comply with the provisions and conditions of this consent, the consent of use may
be terminated by the Board after written notice to the Grantee. Upon receipt of such notice, the Grantee shall have
thirty (30) days in which to correct the violation. Failure to correct the violations within this period shall result in
the automatic revocation of tins Letter of Consent.
8. All costs, including attorneys' fees, incurred by the Board in enforcing the terms and conditions of this consent
shall be paid by the Grantee. Grantee agrees to accept service by certified marl of any notice required by Chapter
18-14, Florida Administranve Code, at the address shown on page one of this Agreement and further agrees to
notify the Board in writing of any change of address at least ten days before the change becomes effective.
9. Grantee agrees to assume responsibility for all liabilities that accrue to the sovereign submerged land or to the
improvements thereon, including any and all drainage or special assessments or taxes of every kind and description
which are now or may be hereafter lawfully assessed and levied against the property during the effective period of
this consent.
10. C-rantee agrees that any dispute arising from matters relating to this consent shall be governed by the laws of
Florida and initiated only in Leon County, Florida.
11. The Letter of Consent associated with these General Consent Conditions as well as these conditions themselves are
subject to modification after 5 years m order to reflect any applicable changes in statutes, role or policies of the
Board or its designated agent.
12. In the event that any part of the structure(s) consented to herein is determined by a final adjudication issued by a
court of competentjunsdiction to encroach on or interfere with adjacent riparian rights, Grantee agrees to either
obtain written consent for the offending structure from the affected riparian owner or to remove the interference or
encroachment w;thm 60 days from the date of the adjudication. Failure to comply shall constitute a material
breach of tlus consent and shall be grounds for its immediate termination.
Hnrsnett, Steve
50-0167699-001
Attachment A
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETERMINATION OF EXEMPTION
The Department of Environmental Protection gives notice that construction of a 5-foot by 27-foot access dock with an
S-foot by 20-foot terminal platform has been determined to be exempt from requirements to obtain an environmental resource
permit. The project is located m the lntracoastal Waterway, ad. lacent to 405 SE 7* Ave., Delray Beach.
A person whose substantial interests are affected by the Department's action may petition for an administrative
proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petxtion must contain the information set
forth below and must be filed (received by the clerk) m the Office of General Counsel of the Department at 3900 Commonwealth
Boulevard, Mail Station 35, Tailahassee, Florida 32399-3000.
Mediation is not available.
Ifa timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be
affected by the outcome ofthe admlmstrative process have the right to petition to intervene in the proceeding Intervention will
be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the
Florida Administrative Code
In accordance with rules 28-106. I 11 (2) and 62-110. ! 06(3)(a)(4), petitions for an administrative hearing must be filed
within 21 days of pubhcation or' the notice or receipt of written notice, whichever occurs first. Under rule 62-110.1.06(4) of the
Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an
extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request
for an extension of time Requests for extension of nme must be filed with the Office of General Counsel of the Department at
3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 prior to the applicable deadline. A nmely
request for extension of nme shall toll the running of the nme period for filing a petmon until the request is acted upon. Upon
motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the
result of excusable neglect, the Department may also grant the requested extension oftxme.
The petitioner shall mail a copy of the petition to the appheant at the address indicated above at the time of filing. The
failure of any person to file a petition for an administrative heanng within the appropriate time period shall constitute a waiver of
that right.
A petition that disputes the material facts on which the Department's action is based must contain the following
information:
(a) The name and address of each agency affected and each agency's file or identification number, if known;
(b) The name, address, and telephone number of the petitioner; the name, address, and ~elephune number of the
pennoner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an
explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant
reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the
agency's proposed action; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency
to take with respect to the agency's proposed action
A petinon that does not &spute the material facts on which the Department's action is based shall state that no such
facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by
the agency if the petition does not substantially comply with the above requirements or is untimely filed.
Complete copies of all documents relating to this determination of exemption are available for public inspection during
normal business hours, 8:00 a.m to 5:00 p.m., Monday through Friday, at the Southeast District office, 400 North Congress
Avenue, West Palm Beach, Florida.
Regulatory Division
South Permits Branch
200001331(LP-DEB)
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
WEST PALM BEACH REGULATORY OFFICE
400 NORTH CONGRESS AVEHUE, SUITE 130
WEST PALM BEACH, FLORIDA 33401
October 31, 2001
Steve Harsnett
405 SE 7th Avenue
Delray Beach, Florida 33483
Dear Mr. Harsnett:
This is in reference to your request for a permit for work
performed in or affecting navigable waters of the United States.
Upon recommendation of the Chief of Engineers, pursuant to
Section 10 of the Rivers and Harbors Act of 3 March 1899 (33
U.S.C. Section 403) and Section 404 (33 U.S.C. Section 1344) of
the Clean Water Act, you are authorized:
to construct a 4' by 35' dock, .8' by 20' tezminal platform and
two mooring pilings,
within the Intracoastal Waterway (ICW),
at 405 SE 7th Avenue, Delray, in Section 21, Township 46 south,
Range 43 east, Palm Beach County, Florida,
Latitude - 26s27'13.86" North Longitude - 80u03'55.90" West
in accordance with the plans and conditions which are
incorporated in, and made a part of, the permit. In addition,
the permittee must comply with the following:
1. The applicant will build the permitted structure in
compliance with guidelines established by Single Family Piers
over Seagrass (attached).
2. The applicant will adhere to the Standard Manatee
Protection Guidelines (attached) during the construction of this
project.
3. The permitted structure will not exceed a 4' by 35' walkway,
with an 8' by 20' terminus
4. This permit does not authorize dredging.
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5. -No vessel will be temporarily or permanently moored, which
will extend over the seagrass area.
6. The permitted structure will be constructed in full
compliance with the Guidelines for Single-family Piers over
Seagrass.
7. "Within 60 days of completion of the work authorized [and
mitigation (if applicable)] the attached Self-Certification
Statement of Compliance must be completed and submitted to the
U.S. Army Corps of Engineers (Corps). Mail the completed form to
the Regulatory Division, Enforcement Branch, Post Office Box
4970, Jacksonville, Florida 32232-0019."
8. The permittee understands and agrees that, if future
'operations by the United States require the removal, relocation,
or other alteration, of the structures or work herein authorized,
or if, in the opinion of the Secretary of the Army or his
authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable
waters, the permittee will be required, upon due notice from the
Corps of Engineers, to remove, relocate, or alter the structural
work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States
on account of any such removal or alteration.
It is noted that this authorization is being given based on
the position of the structure as located using the X-Y State
plane coordinates furnished with the application. Should the
completed structure have less clearance to the Federal channel
than the coordinates show, the permittee shall be deemed to be in
violation of this permit.
By accepting this authorization, the permittee agrees to
furnish the Corps, at the letterhead address, an As Built Survey
of the completed structure(s) including a certified/sealed
drawing which includes the X-Y coordinates. This survey shall be
furnished within 30 days of completion of the work for
verification and acceptance by the Corps. No vessel(s) may
utilize the facility prior to acceptance by the Corps. No
vessel(s) may utilize the facility prior to acceptance by the
Corps.
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'Since a portion of the proposed work is located within the
Federal right-of-way for the ICW, a Department of the Army
Consent to Easement is also required prior to commencement of
construction. By copy of this letter, the proposal is being
forwarded to the Corps' Real Estate Division for action on the
Consent.
Enclosed is a Notice of Authorization which, should be
displayed at the construction site. When you begin work, you
must notify the District Engineer's representative, at the above
letterhead address, of:
a. The date of commencement of work;
b. The dates of work suspensions and resumptions
if work is suspended over a week; and;
c. The date of final completion..
If the work authorized is not completed on or before October
31, 2006, authorization, if not previously revoked or
specifically extended, shall cease and be null and void. Please
refer to the attached form, Notification of Administrative Appeal
Options and Process, concerning your options on acceptance of
this permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
James G. May
Colonel, U.S. Army
District Engineer
Enclosures
copy furnished:
Jerry Wooten
Broward Piling, Incorporated
1360 NW 13tn Street
Pompano Beach, Florida 33069
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USACE
CESAJ-RD-E
PO'Box 4970
Jacksonville, Florida 32232-0019
Attn: John Dunphy
USACE
CESAJ-RE-M
PO Box 4970
Jacksonville, Florida 32232-0019
Attn: Larry Wright
~.90~ SE lS~ STREE~
405 $.E. 7th AVENUE
I)~I,.RAY BEACH, FLORIDA 3,3483
~ACCURATE LAND SURVEYORS, INC.
TEl_ (954) 7B2-1441
FAX. (954) 782-1442
SKETCH TO ACCOMPANY REQUEST
FOR ARMY CORPS OF ENGINEERS PERMIT
U
200001331 (LP-DEB)
Harsnett, Steve
10/31/01 Attac~ent #
PROF'[S~/OI4AL
200001331 (LP-DEB)
Harsnett, Steve
10/31/01 Attachment#
STANDARD MANATEE PROTECTION CONSTRUCTION CONDITIONS
FOR AQUATIC-RELATED ACTIVITIES
March 27, 1995
The permittee/grantee/lessee shall ensure that:
1. The contractor instructs all personnel associated with the
project of the potential presence of manatees and the need to avoid
collisions with manatees. All construction personnel are responsible
for observing water-related activities for the presence of manatee(s),
and shall implement appropriate precautions to ensure protection of
the manatee(s).
2. Ail construction personnel are advised that there are civil and
criminal penalties for harming, harassing, or killing manatees which
are protected under the Marine Mammal Protection Act of 1972, the
Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act.
The permittee and/or contractor may be held responsible for any
manatee harmed, harassed, or killed as a result of construction
activities.
3. Prior to commencement of construction, the prime contractor
involved in the construction activities shall construct and display at
least two temporary signs (placard) concerning manatees. For all
vessels, a temporary sign (at least 8 1/2" x 11") reading "Manatee
Habitat/Idle Speed In Construction Area" will be placed in a prominent
location visible to employees operating the vessels. In the absence
of a vessel, a temporary sign (at least 2' x 2') reading "Warning:
Manatee Habitat" will be posted in a location prominently visible to
land based, water-related construction crews.
A second temporary sign (at least 8 1/2" x 11") reading "Warning,
Manatee Habitat: Operation of any equipment closer than 50 feet to a
manatee shall necessitate immediate shutdown of that equipment. Any
collision with and/or injury to a manatee shall be reported
inunediately to the Florida Marine Patrol at 1-800-DIAL-FMP" will be
located prominently adjacent to the displayed issued construction
permit. Temporary notices are to be removed by the permittee upon
completion of construction.
4. Siltation barriers are properly secured so that manatees cannot
become entangled, and are monitored at least daily to avoid manatee
entrapment. Barriers must not block manatee entry to or exit from
essential habitat.
5. Ail vessels associated with the project operate at "idle speed/no
wake" at all times while in the construction area and while in waters
where the draft of the vessel provides less than a four foot clearance
from the bottom. All vessels will follow routes of deep water
whenever possible.
STANDARD MANATEE PROTECTION CONSTRUCTION CONDITIONS
(continued)
6. If manatees are seen within 100 yards of the active daily
construction/dredging operation, all appropriate precautions shall be
implemented to ensure protection of the manatee. These precautions
shall include the operation of all moving equipment no closer than 50
feet of a manatee. Operation of any equipment closer than 50 feet to
a manatee shall necessitate immediate shutdown of that equipment.
7. Any collision with and/or injury to a manatee shall be reported
immediately to the Florida Marine Patrol (1-800-DIALFMP) and to the
-Florida Department of Protection, Office of Protected Species
Management at (904)922-4330.
8. The contractor maintains a log detailing sightings, collisions, or
injuries to manatees should they occur during the contract period. A
report summarizing incidents and sightings shall be submitted to the
Florida Department of Protection, Office of Protected Species
Management, Mail Station 245, 3900 Commonwealth Boulevard,
Tallahassee, Florida 32399 and to the U.S. Fish and Wildlife Service,
3100 University Boulevard, Jacksonville, FL 32216. This report must
be submitted annually or following the completion of the project if
the contract period is less than a year.
Note: You may download the revised manatee conditions from the
following website: www.saj.usace.army.mil/permit. Just scroll
down to Manatee and the conditions are 912 on the list. The new
manatee hotline number is 888-404-FWCC, or 888-404-3922.
Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed
in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat
U.S. Army Corps of Engineers/National Marine Fisheries Service
August 2001
Submerged Aquatic Vegetation:
1. Avoidance. The pier shall be aligned so as 4o minimize the size of the footprint over SAV beds.
2. The height of pier shall be a minimum of 5' above MHW/OHW as measured from the top surface of the decking.
3. Thc width of the pier is limited to a maximum of 4'. A turnaround area is atlowed for piers greater than 200' in length.
The turnaround is limited to a section of the pier no more than 10' in length and no more than 6' in width. The
turnaround shall be located at the midpoint of the pier.
4. Over-SAV bed portions of the pier shall be oriented in a north-south orientation to the maximum extent that is
practicable.
5. a. If possible, terminal platforms shall be placed in deep water, waterward of SAV beds or in an area devoid of SAV
beds.
b. Ifa terminal platform is placed over SAV areas and cons~xucted of grated decking, the total size of the platform shall
be limited to ! 60 sq. ft. The grated deck material shall conform to the specifications stipulated below. The configuration
of the platform shall be a maximum of 8' by 20'. A minimum of S' by 20' shall confonn¢o the 5' height requirement; a 3'
by 20' section may be placed 3' above MHW to facilitate boat access. The long axis of the platform should be aligned in
a north-south direction to thc maximum extent that is practicable.
c. If the terminal platform is placed over SAV areas and constructed of planks, the total size of the platform shall be
limited to 120 sq. fl. The configuration of the platform shall be a maximum of 6' by 20' of which a minimum 4' wide by
20' long section shall conform to the 5' height requirement. A section may be placed 3' above MHW to facilitate boat
access. The 3' above MHW section shall be cantilevered. The long axis ofthe platform should be aligned in a north-
south direction to the maximum extent that is practicable. If the 3' above MHW section is conslructed with grating
material, it may be 3' wide.
6. One uncovered boat lift area is allowed. A narrow catwalk (2' wide if planks are used, 3' wide if grating is used )may
be added to facilitate boat maintenance along the outboard side of the boat lift and a 4' wide walkway may be added
along the stern end of the boat lift, provided all such walkways are elevated 5' above MI-IW. The catwalk shall be
cantilevered from the outboard mooring pilings (spaced no closer than 10' apart).
7. Pilings shall be installed in a manner which will not result in the fommtiou of sedimentary deposits("donuts" or
*halos~) around the newly installed pilings. Pile driving is the preferred method of installation, but jetting with a low
pressure pump may be used.
8. The spacing of pilings through SAV beds shall be a minimum of 10'.
9. The gaps between deckboards shall be a minimum of ½"..
Marsh:
!. Thc structure shall be aligned so as to have the smallest over-marsh footprint as practicable:
2. Thc over-marsh portion of the dock shall be elevated to at least 4' above the marsh floor.
3. The width of thc dock is limited to a maximum of 4'. Any exceptions to the width must be accompanied by an equal
increase in height requirement.
Mangroves.
1. The width of the dock is limited to a maximum of 4'.
2. Mangrove clearing is restricted to thc width of thc pier.
3. The location and alignment of the pier should be through the narrowcst area of the mangrove firinge.
Grid Specifications and Suppliers
The following information does not constitute a U.S. Army Corps of Engineers endorsement 6r advertisement for
any particular provider and is provided only as an example for those interested in obtaining these materials for dock
construction. A type of fiberglass grate panel is manufactured by SeaSafe (Lafayette, LA; phone: 1-800-326-8842)
Similar panels are also manufactured by ChemGrate (1-800-527-4043). Panels are available in a variety of sizes and
thicknesses. For safety, the grate should contain an anti-slip texture which is integrally molded into the top surface.
The manufacturer or local distributor should be consulted to ensure that the load-bearing capacity of the selected
product is sufficient to support the intended purpose. Contact the manufacturer(s) for product specifications and a
list of regional distributors.
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United States Army Corps of Engineers
EXPIRES: (October 31, 2006)
A permit to to construct a 4' by 35' dock, 8'
by 20' terminal platform and two mooring
pilings, at 405 SE 7th Avenue, Delray, in
Section 21, Township 46 south, Range 43 east,
Palm Beach County, Florida,
has been issued to:
Steve Harsnett
405 SE 7th Avenue
Delray Beach, Florida 33483
on October 31, 2001
[ 200001331(LP-DEB) [
Colonel, U.S. Army
District Engineer
-6-
Applicant:
Attached is:
File Number:
Date:
See
Secti
on
below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
permission)
A
B
PROFFERED PERMIT (Standard Permit or Letter of
permission)
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
A: INITIAL PROFFERED PERMIT:
permit.
You may accept or object to the
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
· ngineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your
work is authorized. Your signature on the Standard Permit or acceptance ofthe LOP means that you accept the
permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved
jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain
terms and conditions therein, you may request that the permit be modified
accordingly. You must complete Section II of this form and return the form
to the district engineer. Your objections must be received by the district
engineer within 60 days of the date of this notice, or you will forfeit your
right to appeal the permit in the future. Upon receipt of your letter, the
district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address
some of your objections, or (c) not modify the permit having determined that
the permit should be issued as previously written. After evaluating your
objections, the district engineer will send you a proffered permit for your
reconsideration, as indicated in Section B below.
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B:
'PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
engineer for t-mai authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your
work is authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the
permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved
jurisdictional determinations associated with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP)
because of certain terms and conditions therein, you may appeal the declined
permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division
engineer. This form must be received by the division engineer within 60
days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps
of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You'may accept or
appeal the approved JD or provide new information.
ACCEPT: You do not need to notify the Corps to accept an approved ID. Failure to notify the Corps within 60
days of the date of this notice, means that you accept the approved ID in its entirety, and waive all rights to appeal
the approved ID.
· APPEAL: If you disagree with the approved JD, you may appeal the approved
JD under the Corps of Engineers Administrative Appeal Process by completing
Section II of this form and sending the form to the division engineer. This
form must be received by the division engineer within 60 days of the date of
this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to
respond to the Corps regarding the preliminary JD. The
Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps
district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate
the JD.
-8-
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing
the decision or your objections to an initial proffered permit in clear concise
statements. You may attach additional information to this form to clarify
where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative
record, the Corps memorandum for the record of the appeal conference or
meeting, and any supplemental information that the review officer has
determined is needed to clarify the administrative record. Neither the
appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of
information that is already in the administrative record.
-9-
If you have questions regarding this If you only have questions
decision and/or the appeal process you may regarding the appeal process you
contact: may also contact:
"RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of
Engineers personnel, and any government consultants, to conduct investigations
of the project site during the course of the appeal process. You will be
provided a 15 day notice of any site investigation, and will have the
opportunity to participate in all site investigations.
Date: Telephone
number:
Signature of appellant or agent.
Date: 12/14/01 Agenda Item No. q. ~ '
AGENDA REQUEST
Agenda request to be placed on:
X Regular __ Special Workshop
When: January 8, 2002
Description of Agenda Item:
Request for Modification to Allow Finger Pier - 405 SE 7th Avenue
Consent
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ,~z~~~~
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' Y~/No
Hold Until:
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:
SUBJECT:
DATE:
David T. Harde~
City Manager,,,../~ ~
C. Danvers Beatty, P.E.
Deputy Director of Utilities
Evaluation of Quotations
Laboratory Testing Services
January 3, 2002
RECEIVED
- 3 2002
CITY MANAGER
Attached is a tabulation of Bids for miscellaneous Laboratory testing services which were
received October 4, 2001. Also attached is a separate bid from Palm Beach County Water
Laboratory. As you are aware this item was previously submitted for approval at the December 4,
2001 City Commission Meeting. The original submittal recommended award to U.S. Biosystems.
The item was postponed by Mayor Schmidt at the request of the owner of Spectrum Laboratories
for discussion at a later meeting.
The services provided by the selected laboratory include a wide array of analysis that our in-
house lab is either not certified for or special testing which would interfere with our regular in-
house testing routine. U.S. Biosystems unit prices are higher than the other consultants, however
they are lower than the recent quote received from Palm Beach County. Our reasoning for
recommending U.S. Biosystems over the other Laboratories include several factors. Based on our
on-site evaluation of their lab, they are equipped with the most modern technology and have the
highest number of available staff. Florida Department of Health requirements for laboratories
have recently been revised to include NELAC (National Environmental Laboratory Accreditation
Conference) certification. While all labs will eventually obtain this certification, U. S. Biosystems
has already obtained it. U.S. Biosystems is also located 6 miles away in Boca Raton which is
much closer in proximity to Delray Beach than the other labs. When evaluating the bids, our
emphasis for recommendation was not solely based on price. We have a budget of $10,000 for
outside testing services and we rarely utilize the budgeted amount in a given fiscal year. Our
primary emphasis for award is based on qualifications and the ability to provide prompt accurate
service.
Severn Trent Laboratories exceeds the minimum distance requirement of 20 miles. Spectrum
Laboratories has submitted a certification from an engineering firm which indicates a distance of
18.28 miles, however the minimum driving distance is greater than 20 miles (see attached map).
Additionally our review of Spectrum Laboratories revealed that they are not currently NELAC
certified and can only provide one field sampler. Envirodyne, Inc. was our previous lab consultant
and we have been dissatisfied with their performance. We are not considering their bid due to
I IESSR VOO21Beatt~[My Documents [Labbtdevalmemo doc
numerous errors which occurred in analyzing data, loss of certification and reporting incorrect
data to regulatory agencies (see attached letters).
Based on their proposal, qualifications and satisfactory recommendations from past clients, we
are recommending award of the annual contract to U.S. Biosystems. Funding is available from
441-5124-536-34.90, other contractual services.
CDB/cdb
Att: 5
cc: Richard C. Hasko, P.E., Director of Environmental Services
I ~ESSR l~O021Beatty~ldy Documents LLabbidevalmemo doc
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Start: Depart 434 S Swinton Ave, Delray Beach, FL, 33444 0.5 0:02
on S Swinton Ave (North)
1: Turn LEFT (West) onto SR-806 [W Atlantic Ave] 1.0 0:02
2: Turn off onto Ramp 0.3 0:01
3: Merge onto 1-95 [SR-9] (South) 16.6 0.16
4: At 1-95 Exit 34B, turn off onto Ramp 0.4 0:01
5: Merge onto SR-814 [W Atlantic Blvd] (West) 1.1 0:02
6: Turn LEFT (South) onto Local road(s) < 0.1 0:01
7: Conbnue (South) on SR-845 [S Pompano Pky] I 4 0:02
8: Turn RIGHT (West) onto W McNab Rd [SW 15th St] 0.5 0:01
9: Turn LEFT (South) onto Local road(s) < 0.1 0:01
10: Turn LEFT (East) onto W McNab Rd [SW 15th St] < 0.1 < 1rain
End: Arrive 1460 W McNab Rd, Fort Lauderdale, FL, 33309 < 0.1 < lmin
Total Route 21.9 mi 29 mine
http://www.expedia.com/pub/agent.dll 1/3/02
Laboratory Proposal Evaluation
U.S. Biosystems
:Advantages Disadvantages
State of the art equipment Cost
Total staff of 60 personnel
Located in Boca Raton, 6 miles away
5 field samplers
NELAC Certified
Well established Lab operation
Envirodyne, Inc.
JWe are currently under contract with Envirodyne, Inc. and have been dissatisfied
with their performance. Their bid is considered nonresponsive due to numerous
errors which occurred in analyzing data as well as reporting data to regulatory
agencies.
Spectrum Lab
Advantages
Disadvantages
Cost Located in Ft. Lauderdale > 20 miles
Older equipment
Total staff of 15 personnel
I field sampler
Non NELAC Certified
Small Lab Operation
Severn Trent Laboratories
Advantages
Disadvantages
[ ILocated in North Miami > 40 miles J
E
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July 30, 2001
n'Detenga n'Gurumo, M.S.
City of Delray Beach
200 SW 6th Street
Delray Beach, FL 33444
Dear Mr. n'Gurumo:
Per our meeting on Thursday, July 26th 2001, Envirodyne Inc. regrets the
reporting of results over the Maximum Contamination Limit (MCL) for
antimony and cadmium on our report number 2000/01005, dated January
28th, 2000. Sample results were r~ported a few parts per billion over the
MCL's in both cases. Subseqtient testing (2001/03201) showed negative
results for these two metals. However, these results were not utilized in the
public reporting.
Many factors may have contributed to the overages, including, but not
limited to, cross contamination, instrument calibration and operator error.
With any higher-than-normal results, the first course of action is to re-collect
and re-analyze. We have initiated, at no charge, a six-day testing program
for antimony and cadmium. Based on previous data, we feel the metals will
be below contaminant levels.
We apologize for the inconvenience this may cause and will work closely
with city personnel to rectify this matter.
Sincerely,
Michael Rentoumis
President
cc: Monica B. Chamorro
QA Officer
I1: ZgJL1d FROM-ENVI RODYH[
En vico dyne =.
1-964
P OOZ/O01 F-m
October 9, 2001
TO: Our Valued Clients
From: Michael Rentoumis
RE: Certification Issues
Some ofyou have received communications fi'om the FL Dcpnrtment oftlealth regarding
the status of some analy~es as non-certified. At this point, as we correct the deficiencies
we subsequently have been issued other deficiencies in an attempt to keep us de-certified.
The data you have received during tho pmiod fi, om May 12 to present, while not certified
by FDOH, may still be acceptable to the FDEP, In any event, Enviroctyne will reimburse
your agency for any fmcs or resamplln§ performed ns a rcsnlt ofn6n-cer6fied annlytes.
We nrc looking into subcontracting laboratories but don't want to exceed any short
holding time retluircmeuts.
We have survived the upa and do_wn~ofthe laboratory industry fer 13 yeats. We have
successfully oonducted the tests in question for the last 8 years. As most of yon know,
the only thing that's changed is thc NELAC requirements. We eagerly signed up to be in
tho first round of inspections. I hope you did not do the same. We are currently seeking
legal advice rcgarding thc issue of our re-certification, and will apprise you of out status.
Pica.sc kc~ in ntind we arc still ccrdficd for over 500 different analytes!
Thank you for your I~ust and continued business!
11-15-,ZOO1 05:42PM FROk~NVIROPYNF~ 551-016-5Z04 T-iS1 P O01/OOZ F-40S
Envirodyne Inc.
4805 NW 2'~ Avenue
Boca Raton, FL 33431
Phone $61-989-$225
Fax 5ffl-989-5204
November 15, 2001
TO:
n'Detenga n'Gummo
FROM:
Michael Rentoumis, President
I~)H Certifi~on for Certain Analytes
The purpose of this letter is to clari~ Envirodyne Inc.'s certification status with the Nlorida
Departm~t ofHe~d',h (DOH) for certain analytes that wcrc included in laboratory reports that
wcrc previously prcpared for you. Upon coufh-mcd distribution of this notice to all affected
cheats, we will have resolved the certification issues raised below by DOH.
First, Envirodyne had voluntarily relinquished DOH certification for BOD, CBOD, Oil &
Cyrcase, and 62518270 as of May 11, 2001. Hewers, the laboratory relmRS that we ixepared
between May 11 aad October 8 did not clearly state that these tes~ were no longer certified by
DOH. This letter clarifies that Bnviwdyne was not certified by DOH to perform BeD, CBOD,
Oil & Grease, and 625/8270 analyses during this time period. Additionally, it was discovered
that some of these reports included other tests for which Envirodyne does not hold DOH
certification. Exmaples include EPA 604/8041 for Phenols; EPA 1664 for Total Petroleum
Hydrocarbons and Oil and (h'case; EPA 515.1 for 2, 4-D; EPA 507 for Pesticides; and EPA
525.2 for Dioxin.
If those tests were reported to you, this letter will also serve to clarify that Envirodync was not
and is not now certified for these teals. Envirodyne regrets this ch~umstmce, and we will
reimburse elY/of Oelray Beach for any resamplin8 that was (or might be) required, as well as
reimburse Cily of Delray Beach for any fines that have been (or might be) assessed. Importantly,
DOH cenilication for these tests is required for those DEP permits ttm involve drinking water or
domestic wastewarer; for all DOH permits; and if specified in other pmnits, regulations or
conlracts. You should verify with the p~inent regulatory or conlractual authorities as to any
requirements for DOH cerlification for the testing that was done. Enclosed for your refer,race
are the listings of certified analytes that were in effect for Envirodync during thc time in
question. Once DOH formally re-certifies Envirodyne, Inc. for the above analytes, wc will
forward to you an updated list of thc aualytcs for which we are certified.
Sccond, Envirodync's previous laboratory reports did not clearly identify thosc analytcs that
were subcontracted to an ou~ide laboratory for analysis. This may have caused an erroneous
impression that E~virodync had performed these analyses and that we were certified by DOH to
do so. The subcontra6ted analytes arc: TEM Asbestos, 531.1 Carbamates, 547 Olyphosate,
548.1 Endothall and 549.:2 Diquat. Importantly, ~be subcontracted laboratories that performed
. II-IS-:PO01OS:4ZPM FROM-ENVIIIODYII~ S81-011-S~04 T-ill P 00;~/002
these analyses aro ,~tified for each ofthe~ analytes (CertificatiOn ~ ~2 for ~ ~,
· e r~lts ~i~ly ~ m y~ ~ ~ ~al~. F~~, ~n~md~e's ~
~~ ~m w[H cl~y ~ ~! ~ ~at m ~on~ to ~ out,de la~to~
Thank you for your undemmcling and your continued business. Plcasc do not hesitate to call mc
if you have any questions about this matter.
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
Jackie Rooney
Purchasing Supervisor
C. Danvers Beatty, P.E. _/"~e~
Deputy Director of P~tih'~es
December 21, 2001
Bid No. 2001-43
Annual Contract for Laboratory Services
As requested we have re-reviewed the submittals for outside laboratory water testing services from
the four applicants and received a quote from Palm Beach County Water Laboratory. Based on
our re-review of the proposals we recommend award to U.S. Biosystems, our original
recommendation dated November 19, 2001. If you have any questions, please do not hesitate to
call.
CDB/pd
CCi
Richard C. Hasko, P.E., Director of Environmental Services
n'Detenga n'Gummo, Lab Manager
\XESSRV002~Daws\wwdataWlemo~Purchas~ng~B~d No 2001-43 doc
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Superviso/(~
Joseph Saf~ance Director
November 27, 2001
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
DECEMBER 04, 2001 - BID #2001-43 AWARD FOR
LABORATORY ANALYSIS FOR WATER, WASTEWATER,
ANNUAL CONTRACT, TO U.S. BIOSYSTEMS
Item Before Commission:
City Commission is requested to approve bid award to low responsive bidder, U.S. Biosystems,
for an annual contract for Laboratory Analysis for Water, Wastewater for the Water Treatment
Plant Lab at an estimated annual cost of $10,000.
Background:
The Water Treatment Plant has a need for an annual contract for outside laboratory water testing
analysis services. Bids were received from four (4) vendors on October 04, 2001, per Purchasing
Policies and Procedures. (Bid #2001-43 on file in the Purchasing Office.) A tabulation of Bids
is attached for your review.
The Deputy Director of Public Utilities and the Water Treatment Plant Lab Manager recommend
award to low responsive, responsible bidder, U.S. Biosystems. Two of the four bidders did not
meet the specification criteria for a lab located within 20 miles of the Water Treatment Plant, and
the other bidder, Envirodyne, Inc., who is our current vendor, has made numerous critical testing
errors. The recommendation therefore is to award to the low responsive, responsible bidder, U.S.
Biosystems. See attached memo dated November 19, 2001 from the Deputy Director of Public
Utilities.
Recommendation:
Staff recommends the approval of award to the low responsive, responsible bidder, U.S.
Biosystems for an estimated annual cost of $10,000. Funding from account code #441-5124-
536-34.90.
Attachments:
Memo from Deputy Director of Public Utilities
Tabulation of Bids
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N
D
U
M
TO:
FROM:
DATE:
SUBJECT:
Jackie Rooney
Purchasing Supervisor
C. Danvers Beatty, ~
Deputy Director of ,~,-t5Ii'6 Utilities
November 19, 2001
Bid No. 2001-43
Annual Contract for Laboratory Services
www. delraresd, com
As requested we have reviewed the submittals for outside laboratory water testing services from
the four applicants. Both Spectrum Lab and Severn Trent Laboratories exceed the minimum
distance requirements of 20 miles. Envirodyne, Inc., the company we are currently under contract
with, has made numerous critical testing errors and has lost certification on certain analyses that
we often require. Attached are letters from Envirodyne, Inc., which substantiate their poor
performance. Base on our review of the proposal documents, and past experience we recommend
award to U.S. Biosystems. If you have any questions, please do not hesitate to call.
CDB/pd
Attachments
CC:
Richard C. Hasko, P.E., Director of Environmental Services
n'Detenga n'Gurumo, Lab Manager
B~d No 2001-43
Envir dyne
4~ N.W. ~nd Avenue
Boc~ Rsr. on, FL 3343 ~
July 30, 2001
n'Detenga n'Gurumo, M.S.
City of Delray Beach
200 SW 6th Street
Delray Beach, FL 33444
Dear Mr. n'Gurumo:
Per our meeting on Thursday, July 26th 2001, Envirodyne Inc. regrets the
reporting of results over the Maximum Contamination Limit (MCL) for
antimony and cadmium on our report number 2000/01005, dated January
28th, 2000. Sample results were reported a few parts per billion over the
MCL's in both cases. Subsequent testing (2001/03201) showed negative
results for these two metals. However, these results were not utilized in the
public reporting.
Many factors may have contributed to the overages, including, but not
limited to, cross contamination, instrument calibration and operator error.
With any higher-than-normal results, the first course of action is to re-collect
and re-analyze. We have initiated, at no charge, a six-day testing program
for antimony and cadmium. Based on previous data, we feel the metals will
be below contaminant levels.
We apologize for the inconvenience this may cause and will work closely
with city personnel to rectify this matter.
Sincerely,
Michael Rentoumis
President
cc: Monica B. Chamorro
QA Officer
Envir'odyne /nc.
End Av~we
~4er~-n. FL 33d31
October 9, 2001
TO: Our Valued Clients
From: Michael Rentoumis
RE: Certification Issues
Some of you have received communications from the FL Department oftlealth regarding
the sram; ofsome analytes as non-certified. At this point, as we correct the deficiencies
we subsequently have been issued other deficiencies in an attempt to keep us de-certified.
The data you have received during the pvriod from May 12 lo presmt, while not certified
by FDOIt, may still be acceptable to the FDEP. In any event, Envirodync will reimburse
your agency for any fmcs or resampling performed as a result ofndn..cerfified analytes.
We arc looking into subcontracting laboratories but don't want to exceed any short
holding time rcquircmems.
We have survived the ups and downs of the laboratory industry for 13 years. We have
successfully conducted the tests in question for the last 8 years. As most ofyou know,
the only thing that's changed is thc NELAC requircmcnts. We eagerly signed up to be in
die tint round of inspections. I hope you did not do the same. We a~c currently seeking
legal advice regarding thc issue of our g-certification, and will apprise you of our status.
Plcasc kccp in mind wc arc still certified for over 500 different analytes!
Thank you for your trust and continued business!
i1-15-Z001 06:4ZPM FROM.-ENVII~¥NE 561-960-$Z04 T-951 P O01/OOZ F-4O~
En viro dyne In c
4805 NW 2"d ~tvenue
/Boca Retort, FL 33431
Phone $61-989-$225
Fax 561-989,$204
November 15, 2001
TO:
n'Detenga n'Gurumo
FROM:
Michael Rentoumis, President
DOlt Certification for Certain Analytes
The purpose of this letter is to clarify Envirodync Inc.'s certification status with the Florida
Department ofHeldth (DOH) for certain analytes that w~re included in laboratory reports that
were previously prepared for you. Upon confirmed distribution of this notice to all affected
clients, we will have resolved the certification issues raised below by DOH.
First, Envirodync had voluntarily relinquished DOH certification for BeD, CBOD, Oil &
Grease, and 625/8270 as of May 11, 2001. However, the laboratory reports that we prepared
between May 11 and October 8 did not clearly state that thcse tests were no longer ccrtificd by
DOH. This letter clarifies that l~nvirodyne was not certified by DOH to perform BeD, CBOD,
Oil & Grease, and 625/8270 analyses during this time period. Additionally, it was discovered
that some of these reports included other tests for which Envirodync does not hold DOH
certification. Exmaples include EPA 604/8041 for Phenols; EPA 1664 for Total Petroleum
Hydrocarbons and Oil and G-rcasc; EPA 515.1 for 2, 4-D; EPA 507 for Pesticidcs; and EPA
525.2 for Dioxin.
T/these tests were reported to you, this letter will also serve to clarify that Envirodync was not
and is not now certified for these tests. Envirodyne regrets this circumstance, and we will
reimburse City of Delray Beach for any resampling that was (or might be) required, as well as
reimburse City of Delray Beach for any fines that have been (or might be) assessed. Importantly,
DOH certification for these tests is required for those DEP permits that involve drinking water or
domestic wastewarer; for all DOH permits; and if specified in other permits, regulations or
contracls. You should verify with thc pertinent regulatory or contractual authorities as to any
rcquircmcnts for DOH ~;crtifi~;ation for thc testing that was done. Enclosed for your reference
are the listings of certified analytes that were in effect for Envirodync during thc time in
question. Oncc DOH formally re-ccrtifics Envirodync, Inc. for thc above analytes, wc will
forward 1o you an updated list of the analytcs for which we are certified.
Second, Envimdync's previous laboratory reports did not clearly identify thosc analytcs that
were subcontracted to an outside laboratory for analysis. This may have caused an erroneous
impression that £nvirodyne had performed these analyses and that we were certified by DOH to
do so. The subcontracted analytes are: TF-,M Asbeslos, 531.1 Carbamates, 547 Glyphosate,
548. ! Endothall and 549.2 Diquat. Importantly, the subcontracted laboratories that performed
" 11-16-Z001 05:42Pkl FROi~-ENVI~YNE 551-666-$Z04 T-OSI P OOZ/OO2 F-403
these analyses aro certified for each of these analytes (Certification # E86772 for TEM Asbestos,
Certification #E84100 for thc other tests), so this reporting issue in no way affects thc validity of
the results previously reported to you for these analytes. Furthermore, Envirodyne's future
laboratory reports will clearly identify all analyses that are subcontracted to an outside laboratory
for analysis.
Thank you for your understanding and your continued business. Please do not hesitate to call me
if you have any questions about this matter.
E
· -- 0 0 0 0 0 0 0 0 0 0 0 0
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AGENDAITEM NUMBER:
AGENDA REQUEST
Request to be placed on: December 04, 2001
Date: November 27, 2001
XX Consent Agenda
Special Agenda
Workshop Agenda
Description of agenda item:
Approve the award of Bid #2002-43 to Iow responsive, responsible bidder, U.S. Biosystems for an
annual contract for Laboratory Analysis Testing for Water, Wastewater for the Delray Beach
Water Treatment Plant Lab for the total amount of $10,000.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve the award to U.S. Biosystems for Bid #2002-43 for annual contract for Laboratory
Analysis for Water, Wastewater for the Delray Beach Water Treatment Plant Lab for the total
amount of $10,000. Funding account code 441-5124-536-34.90.
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items in.v. ol_ying expenditure of funds):
Funding available: Yes No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:
Hold Until:
No
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David Harden, City Manager
Jacklyn Rooney, Purchasing SupervisorC~
Joseph Sa~nce Director
January 02, 2002
DOCUMENTATION - CITY COMMISSION MEETING
JANUARY 08, 2002 - REJECTION OF BIDS RECEIVED
FOR BID #2002-06 - LINEN RENTAL FOR DELRAY
BEACH GOLF COURSE RESTAURANT
Item Before Commission:
City Commission is requested to reject all bids received for Bid #2002-06 - Linen Rental for the
Delray Beach Golf Course Restaurant - and authorize staff to re-bid this contract.
Background:
Bids were advertised for this service for the Delray Beach Municipal Golf Course Restaurant in
November of 2001. Bids were received from two (2) vendors. Bid #2002-06 on file in the
Purchasing Office. A tabulation of bids is attached for your review.
Purchasing Staff is recommending rejection of all bids received for this service due to the fact
that the bid specifications given to Purchasing were incorrect in the type of material / quality of
table clothes and napkins used at the Municipal Golf Course Restaurant. See attached memo
dated 12/20/01.
Recommendation:
Staff recommends the cancellation of the Bid #2002-06 for linen rental service for the Delray
Beach Municipal Golf Course Restaurant and authorization approval for staff to re-bid this
contract with changes in the specifications.
Attachments
rlTY DF I I LAI Y
PURCHASING DIVISION
TO:
FROM:
THROUGH:
SUBJECT:
Robert Barcinski, Assistant City Manager
Sharon Painter, CEO of J.D. Sports Group
Mary Beth Birsky, General Manager Delray Beach Golf Club
Jackie Rooney, Purchasing Supervisor-.
Joseph S~q~ance Director
Linen Rental for Delray Beach Golf Club
DATE:
December 20, 2001
Attached is the tabulation of bids for Bid #2002-06 for Linen Rental Service for
the Delray Beach Municipal Golf Course Restaurant. The bid specifications
stated "100% Damask Satin Bond" table clothes and napkins. The Iow bidder did
not bid on the Damask Satin Bond as requested. Upon checking with second
Iow bidder, who is our current vendor for this contract, he states that he does not
supply these Damask Satin Bond table clothes and napkins.
This bid was advertised on the internet and picked up by eleven vendors.
Purchasing has received calls from vendors stating they were unable to provide
the satin bond table clothes and napkins and asked if they could supply the
100% cotton. Purchasing advised that they had to bid per the specifications.
Based on the above information, Purchasing is recommending we reject all bids
received and re-bid this contract with changes to the specifications reflecting the
correct requirements for the napkins and table clothes.
If you approve, please sign below and I will submit a City Commission agenda to
request all bids be rejected for this bid and request authorization to re-bid this
contract with changes to the specifications.
Approval: ~
signature date
Attachments
CITY OF DELRAY BEACH
BID # 2002-06
LINEN RENTAL SERVICE FOR DELRAY BEACH MUNICIPAL GOLF COURSE RESTAURANT
December 5, 2001
QUANTITY National Palace Laundry Inc.
PER Linen TIA
DESCRIPTION DELIVERY Service Linens of the Week
1. Standard BarTowels 300 $ 0.17 ea. $ 0 18 ea.
2. Bib Kitchen Apron 75 $ 0.34 ea. $ 0.40 ea.
3. 54" x 54" Tablecloth 250 $ 0.51 ea. $ 0.57 ea.
4. 54" x 115" Tablecloth 250 $ 1.25 ea. $ 1.26 ea
5. 90" x 90" Tablecloth 250 $ 1.25 ea. $ 1.26 ea.
6. 85" x 85" Tablecloth 250 $ 1.25 ea. $ 1.26 ea.
7. 120" Round Tablecloth 250 $ 6.00 ea. $ 2.00 ea.
8. Napkins - Standard 1,500 $ 0.08 ea. $ 0.08 ea.
QUANTITY
PER MONTH
9. Floor Mats 4 $ 4.00 ea. $ 4.00 ea.
LAUNDRY SERVICE FOR LINEN OWNED BY GOLF COURSE
QUANTITY
PER WEEK
10. Table Skirting 10 $ 4.95 ea. $ 1.00 ea.
11. Special Table Linen 10 $ 1.00 ea. $ 1.00 ea.
STATE ADDITIONAL CHARGES, IF APPLICABLE:
No Charge but g~ve
1. Additional charges for other than white colors for 48 hfs notice for No Charge
special requests, special requests.
2. Additional charges for environmental charge. N/A No Charge
1% standard replace-
ment costs on napkins No Charge
3. Additional charges for loss or damage, at $1.05
4. Additional delivery charges. $3.00 per delivery No Charge
DEVIATIONS FROM SPECIFICATIONS, IF APPLICABLE:
Tablecloths and napkins are
both offered in 100% cotton
and carousel (polyester
spun). We do not offer
Damask Satin Band in
tablecloths or napkins.
REF's\finance\purchasing~janitorial.xls\12/12/01 Page 1 of 1
AGENDA REQUEST
Request to be placed on: January 08, 2002
Date: January 02, 2002
XX Consent Agenda Special Agenda ~ Workshop Agenda
Description of agenda item:
Reject all bids received for Bid #2002-06 - Linen Rental for the Delray Beach Golf Course
Restaurant - and approve authorization for staff to re-bid this contract,
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Determination of Consistenc ~y~th Comprehensive-Plan:''~' ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: Y~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
No
(if applicable)
No
Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM /-)' - REGULAR MEETING OF JANUARY 8, 2002
MEMORANDUM OF UNDERSTANDING WITH P.B.C. DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE
HOMELESS CENSUS AND SURVEY OF PALM BEACH COUNTY
DATE:
JANUARY 4, 2002
This is a proposed Memorandum of Understanding between the City and Pail Beach County
Department of Housing and Community Development (HCD) for matters related to the funding of
the Homeless Census of Pall Beach County, which is scheduled to be conducted during the period
of December 18, 2001 through April 30, 2002.
The total cost of $40,000 for the project will be shared by the Community Foundation of Palm Beach
and Martin Counties ($5,000.00), and HCD with the Legal Aid Socmty of Pall Beach County, Inc.
($35,000), which is subject to parttal reimbursement from participating municxpalities as Commumty
Development Block Grant entitlement jurisdicttons. The Memorandum of Understanding formahzes
the C~ty's expressed intention to remaburse HCD m the amount of $2,500.00 as a contnbutton to the
Homeless Census. The survey will be conducted by Apphed Business Research Institute of Palm
Beach Atlantic College, who xs subcontracted by HCD.
Funding ~s available from 334-6111-519-63.89 (Neighborhood Enhancements).
Approval of the contribution m the amount of $2,500.00 and Memorandum of Understanding
between HCD and the City is recommended.
S:\Caty Clerk\Clerk\Agmemol.HomelessCensus.HCD.doc
RECEIVED
JAN - 2 200Z
CITY MANAGER
December 31,2001
Housing & Community
Development Department
3323 Belvedere Road
Butlding #501
West Palm Beach, FL 33406
(561) 233-3601
Fax (561) 233-3651
www pbcgov corn
Palm Beach County
Board of County
Commissioners
Warren H Newell, Chmrman
Carol A Roberts, Vice Chair
Karen T Marcus
Mary McCarty
Burr Aaronson
Tony Masllott~
Addle L Greene
County Administrator
Robert Welsman
"An Equal Oppormmty
Afftrmattve Act;on Emptoyer'
Mr. David T. Harden, City Manager
City of Delray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
Thank you for your letter of November 19,2001, in which you made available an amount
of $2,500 from the City of Delray Beach's nmghborhood grant revenues and indicated
your intention to seek the City Commission's approval for an additional $2,500 as the
City's contribution to the undertaking ora Homeless Census and Survey of Palm Beach
County.
Palm Beach County Housing and Community Development (HCD) appreciates your
support for the Survey and welcomes your proposed contribution toward the cost of its
undertaking. HCD, however, wishes to advise you that the City is now requested to
contribute only $2,500 (not $5,000 as was originally requested) to fund th~s census. Th~s
revised sum ~s ~n-hne with the amount being contributed by the other entitlement
mumcipalit~es.
Enclosed is a draft Memorandum of Understanding between the City of Delray Beach
and HCD to formalize your expressed intention to contribute. Please rewew it and
adwse me accordingly.
Thank you for your interest in the Homeless Census and for your efforts to alleviate and
prevent homelessness in Palm Beach County.
Please contact me at (561) 233-3602, if you have any questions regarding this letter or
enclosure.
Sincerely,
Rem~ r~M Harvin, Director
Housing and Community Development
Enclosure: Memorandum of Understanding (draft)
cc: Edward W. Lowery, J.D., Planning Manager, HCD
Elena M. Escovar, Principal Planner, HCD
S XPlanadmn~PLANADMN\CDBG\SUBREC1PX2001-02\LegalAtd\CensusResponseLtr Delray wpd ccc nlt (12/28/01)
[~ printed on recycled paper
DRAFT
Memorandum of Understanding
This will serve as a Memorandum of Understanding between:
The City of Delray Beach (hereinafter referred to as "City") and Palm Beach
County Department of Housing and Community Development (hereinafter
referred to as "HCD") for matters related to the funding of the Homeless Census
of Palm Beach County, scheduled to be conducted during the period
December 18, 2001 to April 30, 2002. HCD is entering into a written agreement
with the Legal Aid Society of Palm Beach County, Inc., to subcontract with the
Applied Business Research Institute of Palm Beach Atlantic College (hereinafter
referred to as "Consultant") to conduct a Homeless Census and Survey of Palm
Beach County (hereinafter referred to as "Census").
The total cost of the Census is $40,000. It is the understanding of HCD that The
Community Foundation of Palm Beach and Martin Counties will provide $ 5,000
directly to the Consultant by means of a separate agreement. HCD, by its own
agreement with the Legal Aid Society of Palm Beach County, Inc., will provide
$35,000 for the balance of the cost of the Census, subject to partial
reimbursement from participating municipalities as Community Development
Block Grant entitlement jurisdictions. The Community Services Department,
Human Services Division, will provide printing and publication services
separately, through County General Funds.
As an entitlement jurisdiction, the City will reimburse HCD in the amount of
$2,500 (Two Thousand Five Hundred Dollars) as its reimbursement
contribution towards the cost of the Census. At the convenience of the City, but
not later than 15 days following delivery of a copy of the report of the Census,
City will provide reimbursement in the form of a check payable to Board of
County Commissioners of Palm Beach County, identified as "Reimbursement
to HCD for Homeless Census."
Page 1 of 2
DRAFT
This Memorandum of Understanding consists of two (2) enumerated pages,
without attachments unless listed hereon, shall be executed in three counterparts,
each of which shall be deemed to be an original, and such counterparts will
constitute one and the same instrument.
AGREED:
SEAL
By:
(Name)
(Title)
(City)
City of Delray Beach
(Date)
By:
(Name)
(Title)
(County)
Remar M. Harvin
Director
Housing and Community Development
(Date)
S ~PlanadmnXPLANADMN~CDBG~SUBRECIPX2001-02~LegalA~d\CensusDraftMOU Delray wpd
Page 2 of 2
FILE COPY
[lTV OF DELRI:IllI BEflgH
DELRAY BEACH
AII-AmedcaCity
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 - 561/243-7000
November 19, 2001
1993
Mr. Remar M. Harvin, Director
Housing & Community Development
3323 Belvedere Rd, Bldg 501
West Palm Beach, FL 33406
Dear Mr. Harvin:
The City of Delray Beach ackno~vledges the need to have current data and other information on homeless
persons. As the issues of homelessness is a current subject in our City, we are pleased to know that the
Homeless Coalition of Palm Beach County (HCPBC), where we hold a membership and active
participation in, is planning to conduct a countywide census. Having current data on the homeless in our
City will benefit us and assist in our planning efforts that are largely centered around prevention.
The City's entitlement allocation is challenged to accommodate planning activities that impact the 20%
administra{ive cap after the final statement has been approved since we receive a relatively small
allocation when compared to the County, and are budgeted very close to the maximum allowed under this
category. The Community Improvement Director prefers to recommend the use of other revenue sources
to fund planning initiatives of this type, especially when the request received is after the budget is
adopted. The cost of advertising and amending the Consolidated Plan is an impact, thus, we prefer to
consolidate annual amendments into one process.
The Community Improvement Director has indicated that we could fund $2,500 from our neighborhood
grant revenues generated from repayments from the Urban Development Action Grant (UDAG) program,
and we will need to request the use of general revenue dollars as a match from the City Commission. The
next regular m. eeting ~vhere this item could be considered is December 4 or 1 I. It would be beneficial if
you could provide us with a copy of the proposed contract for services with Palm Beach Atlantic College
that would be attached as back up to our agenda item. You may fax this directly to my office as soon as
possible; fax number 561/243-7221. Our Commission agenda items are prepared one week in advance of
the scheduled meeting.
Please contact Lula Butler directly at 243-7203 if you have any questions regarding this letter.
Sincerely,
City Manager
DTH:DQ
pbchomeless.harvin
THE EFFORT ALWAYS MATTERS
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ REGULAR MEETING OF JANUARY 8~ 2002
EXTENSION OF DIFFERENTIAL PAY FOR EMPLOYEES CALLED UP
FOR MILITARY RESERVIST DUTY
JANUARY 3, 2002
This is before the City Commission to consider recommendations regarding an extension of
differential pay for employees called up for Military Reservist Duty.
Due to the terrorist attack on the United States on September 11,2001, many Military Reservists
have been called up for active duty. The City currently has employees who have been activated.
According to Federal guidelines, reservists called into active duty who are full-time employees,
must be granted a leave of absence and can return to their job or comparable employment after
their tour of duty ends, however, it does not require employers to pay wages or continue benefits
for the absent employees.
State guidelines state that the employing authority may supplement the military pay of its
employees called into active duty for the first 30 days with full pay and, thereafter, in an amount
necessary to bring their total salary, inclusive of their base military pay, to the level earned at the
time they were called to active military duty. The employer may also continue to provide any
health insurance and other existing benefits.
City guidelines state that any full-time employee shall be granted leave without pay, to serve in
the armed forces by enlistment, draft or the call-up to active duty, and does not address benefits.
During the Gulf War conflict, the City opted to pay reservists the difference between their normal
pay and their base military pay (including housing allowance) for 90 days, and would address the
situation should the conflict exceed this 90-day limit. Insurance premiums were deducted from
this pay, however, pension deductions were not and the employees did not lose any service credit
regarding their City pension or seniority rights.
The City Commission approved at their meeting of October 16, 2001, handling payment to full-
time City employees who are military reservists and who have been called to active duty in a
similar fashion to the Gulf War conflict. This initial approval was for a 90-day period.
Staff is recommending an additional 90-day extension of this approval. Commission approval is
recommended.
RAB/jms/sam
Harden, David
To:
Subject:
Schroeder, Larry
RE: Reservist Pay
Finance will take care of pay for Officer McGuire. We w~ll put continuation of supplemental pay beyond 90 days on the
1/8 agenda.
---Original Message---
From: Schroeder, Larry
Sent: Monday, December 31,2001 2:11 PM
To: Harden, David
Subject: Reservist Pay
Mr. Harden, we just received notice of a second reservist activated, Off. Scott McGuire. Scott is an Air Fome first
lieutenant with a specialty in communications. He will begin his duty in Tampa and from there he has no idea. They
told him to expect a one year assignment. I would ask that he be considered for the supplemental pay.
Also, Off. Debree is at the 90 day mark and I am seeking guidance has to how to request the continuation of the
supplemental pay.
I hope you and your family had a groat holiday! Thanks, Larry
To: David T. Harden, City Manager
From: Joseph M. ~nance Director
Date: October 3, 2001
RECEIVED
OCT 200!
CITY MANAGER
Subject:
Differential Pay for Employees Called Up for Military Reservist Duty
The City of Delray Beach may soon be faced with some of their employees being called
up for military reserve duty during the current terrorist crisis. In order to prepare
ourselves for this contingency, we would provide the following information so that you
may determine the actions we are to take in this circumstance.
· Federal guidelines (Veteran's Reemployment Rights Act 1988) guarantee that all
reservists called into active duty, who are employed in "other than temporary
positions" must be granted a leave of absence and can return to their job or
comparable employment after their tour of duty ends. It does not require
employers to pay wages or continue benefits for the absent employees
· State guidelines (115.14 State Statutes) states that all employees of the state, the
several counties of the state, and the municipalities or political subdivisions of the
state may, in the discretion of the employing authority of such employee, be
granted leave of absence under the terms of this law; upon such leave of absence
being granted said employee shall enjoy the same rights and privileges as are
hereby granted to officials under this law, insofar as may be. Notwithstanding the
provisions of s 115.09, the employing authority may supplement the military pay
of its officials and employees who are reservists called to active military service
for the first 30 days with full pay and, thereafter, in an amount necessary to bring
their total salary, inclusive of their base military pay, to the level earned at the
time they were called to active military_ duty. The employing authority may also,
in its discretion, continue to provide any health insurance and other existing
benefits to such officials and employees.
· City of Delray Beach guidelines (Personnel Policies Section 110- Leave of
Absence Without Pay) states that any full-time, regular, employee shall be
granted leave without pay, to be considered military leave, to serve in the armed
forces of the United States by enlistment, draft or the call-up of a reserve unit of
which the employee is a member. This policy is silent as to pay and benefits.
· City of Delray Beach, in the Gulf War conflict, opted to pay reservists the
difference between their normal employee pay and their base military pay
(including housing allowance) for 90 days. Further comments that the City
Commission would address this limit ofg0 days if the conflict exceeded this time.
The City deducted normal insurance premiums and did not deduct for pension
deductions (which is in line with the State Statutes). An employee would not lose
any service credits for pension purposes or seniority purposes.
Since the City policy stated that the reservist assignment would be leave without pay, we
had to get City Commission approval for the 90-day supplemental pay for the Gulf War
conflict.
The recommendation would be that the City Commission approves the following: 1. Authorize military leave
2. Authorize supplemental pay for 90 days (difference between military base pay
and housing allowance and current City pay). Extension of this time would
require additional City Commission approval.
3. Continue deductions for insurance coverage (to be deducted from supplemental
paycheck, billed to employee is supplemental pay is insufficient)
4. No deduction for pension
5. Continuation of all seniority rights, vacation and sick leave accruals, and pension
service time as if employee were working at City
Please review this information and provide your recommendations for further action.
Cc: Milena Walinski, Assistant Finance Director
AGENDA ITEM NUMBER' <~' ~--~.
AGENDA REQUEST
Date: 0t-03-02
Request to be placed on:
x Consent Agenda __ Special Agenda __ Workshop Agenda
When: 01-08-02
Description of agenda item: Approval of an additional 90-day extension of differential pay for
full-time City employees who are Military Reservists and who have been called to active duty as a
result of the September 11, 2001 terrorist attack on the United States.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached.
YES NO
YES NO
Recommendation: Approval is recommended by the Finance Director and City Manager.
Determination of Consistency with C mo..~j:~enensive :
Plan n/a
City Attorney Review/Recommendation (if applicable): n/a
Budget Director Review
(required on all items involving expenditure of funds):
Funding available: Yes
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda: ~
Hold Until:
Agenda Coordinator Review:
Received:
Action:
No
No
Approved:
Disapproved:
P.O. #
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~'P~"~"~ - 'REGULAR MEETING OF JANUARY 8, 2002
APPOINTMENT TO THE BOARD OF ADJUSTMENT
JANUARY 4, 2002
Mr. Gregory Young resigned from the Board of Adjustment effecuve November 16, 2001
creating a vacancy for an unexpired term ending August 31, 2002.
Clifford E. Torres, Jr. and Jillian Woehlkens, both currently serving as alternate members on
the Board of Adjustment, would like to be considered for appointment as regular members.
To qualify for appointment, a person shall be either a resident of or own property in the city,
and/or own a business within the city.
The following have submitted applications for consideration:
John Baccari
William Branning
Benjamin Ricker
Gary Rosen
Clifford E. Torres, Jr.
Jillian Woehlkens
(currently on Board of Construction Appeals)
(alternate)
(alternate)
A check for code violations and/or municipal liens was conducted. None were found. Voter
registration verification was completed and all are registered.
Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat
#1).
Recommend appointment of one regular member to the Board of Adjustment for an unexpired
term ending August 31, 2002.
boardcomrmss~on memo boa01-04-02
pRU%AV.S,e%C~.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
112 ~.. E. 1st Avenue Delra~ ~ach .,
3. LcsaJ Residence City
City
5. I{bmc ~ho-¢: Business Phone:
243-oos5
._ S/ce Plan ~eview &,~pearance ~oa=d
7 ~ig ~i Ci~' B'oa~ds on whic~ou are c~y'se~g or ~ve previously ~erv~: ~le~e inclu~ dams)
~oa=d of ~u~n~..- 1991-1993/1995-~zesen~-tern e~zes ~/31/00
Board of ConscructionAppeals
Educationalqualifieaaons:
B. A. in archlceceure, Syracuse Uu/versicy
17.. [)3444
"Sta, e Zip Coc~
State ~'~p Code
i F w _
{~i-832-0876
9. ' '£ist any Izlat~d profeuional ~nificA6ons and licenses which you hold: -
.---.------ EetXete:_ed a:chitect; General Contractor a~d Licensed State Xnspector
T. ~jye your present, or most recent employer~ and position: '"
] hereby c~rtify that all the above sM~ements are tnte, and / agree a~d understand ~hat any
mixstatement of materfal facts conMined in this applicotion may cause forfeiture upon my part
submitted. It wUl be the appUcant's respo
JUN 1 3 2000
CITY CLERK
."~JE*.13-2999 13: d? 561 243 3??4 9G'< P. 83
Cot-polar'ton S-~3"Z72 '/,440 ._.,.-.--.
BOARD MEMBER APPLICA'TIOH
~ .~R.~
'.OOl
BOARD MEMBER APPLICATION
1993
2001
II- i(,. (,.;._.9
Plense ~'pe o~ prat ~e ~llow~F~ ~fozz~6on:
2, Hom~ '~css:
I 3. ~g~ Residence:
%,~ ~ ~ ~ .4 ~'
S. Hom~ Phone: ~ B~ness Phone:
~,~ ~/,~ ~ ,':' '~ ~'[ ~. > ;2 ~
· I ~ coa~
City State Zip Code
6
?.
Zip Code
l:--M~il Ad&ess: Cell Pho~el - Fax:
..,,~,,.. ~.--'t ~1/,'-' ¢ { ~m ~"~" c:/~'~'
~ /
8 ].is: all Ci~' Boards on which you azc carzcnrly serving oz have previously served: (Please ~clude dst~)
9. kducarlon~] quahl~caraons'
10, List sm.' related professional certiEcations and hccns~s which you hold:
11. Give your present, or most recent crnploycz, and position:
12 Describe experiences, skills or knowledge which quilit7 you to serv¶ .~Ihis board: (Please attach ~ Imefresume)
6.-,.,-.-~,~ :' ~,-d, F/ ".
Note: 'l'b~ apphcsdon will z~.mam on tde in the C, itT Clerk's Office for s period of 2vea,ts_~r. cam thc. d~tc it~v~s
NOV 1 6 2061
~ITY CLERK
t'i I VV COMPANY INC.
',
B~2~J~ FRANKLIN PICKER III
EDUCATION:
WESTERN MICHIGAN ~ITY
UNIVERSITY OF FLORIDA
MANAGSMENT SDII~ CONDUCTED BY N4~ICAN MANAG~
MARCH 1987-~
CORPORATE PRESIDENT. RTW, Risk Managers was organized to provide
risk management functions such as risk financing and loss control
for industries within the realm of light manufacturing. The
Motive for the company's operation was to fill the risk manage-
ment requirement for cc~panies whose size would normally preclude
them from hiring a risk manager.
COLE ASSOCIATES SYNDICATE
CENTRAL PLACEMENT BROKERS
B.D. COLE, INC.
OCTOBER, 1982-F~RCH, 1987
CCRPORATE VICE PRESIDENT OF B.D.COLE, INC. Responsible for new
business production. To maintain a viable working relationship
with present companies. Executive Vice President and Director
of Cole Associates Syndicate,Inc. of the Insurance Exchange of
the Americas, Miami, Florida. Elected Charter Treasurer of the
Insurance Exchange of the Americas' Brokers Association, Inc.
BEN F. RICKER & ASSOCIATES
Ft. Lauderdale, Fl.
DECEMB~,1978-October, 1982
Ben F. Ricker &Associates operated as a c~m~rcial general
insurance agency
RELIABLE INSURANCE COMPANY
Columbus, Ohio
JAN/3ARY 1977-DECIPHER, 1978
National Director of Marketing. responsible for direct marketing
and contract negotiation with Independent Insurance Agents through-
out the United States. Managing sales force within the company
creating a total of 83 agency appointments and producing 2.6
million dollars in volume over the 12 month period.
-1-
P.O. BOX 83.2041
· DELRAY BEACH, FLORIDA 33483 · (305)794.7735 · FAX (3~f~J~K~
407-274-8907
RT.W-c PAN¥ INC.
RISK MANAGERS
I'Io1 ly~oc~, Fl.
March, 1976-January 1977
Consultant to c~,,~=rctal banks, large retail risks in the fields
of risk management, general insurance self insurance programs.
Worked with insurance agencies in the fields of sales motivation,
validation requirements for new sales people and agency management.
RICKER ~CY, INC.
Cocoa Beach, Florida
June 1953-March 1976
Started in general insurance sales. Became President of the
company responsible for administration and sales. Agency vol~ne
increased in this period from $132,000 per year t o over $700,000
per year.
-2-
P.O. BOX 83-2041 · DELRAY BEACH, FLORIDA 33483 · (305) 794-7735 · F,4~8
~07
1993
2001
Please t}'pe oz prim the following informa6on:
1. Last Name:
Rosen
2. Home Address:
817 NW Second Av~o~
3. Legal Resadence:
o
Prmcipzl Business Address:
1515 N. Federal Hwy. Suite 300
6. Are you a registered voter?
NalTle
Cit3[
Delray Beach
Boca Raton
State
State
State
Home Phone: Business Phone: [ E-Marl Address: [Cell Phone:
/
330-0099 266-9669 . garyrosen@att.ne~ 251-1065
If so, where are you registered?
. Oelray Beach. FL .
\'(T:at Board(s] are you interested m serxunlz: Please hst m order of preference:
Planning'& Zoning, Board bf Adjustment, 'Comm. Redevelopment,
Fax:
M 1.
Zap Code
33444
Zap Code
Zap Code
33432
266-9166
Housing Auth
8. Last ali Cra' Boards on which you are currently senung or have prev;ously sen'ed: (Please include dates)
City of Boca Aaron Zoning Board Of Adjustment - 10 Years
9. Educauonal quahficauons:
State University of NY - AA Ohio State UniversitZ
10. Last any related professional ceruficauons and hcenses wl'uch you hold
Flo. rida Real Estate & Mortgage Broker Licens
11. Givevo~ ~esent, or mostrecentemployer, andposmon.
Taylor Marketing Group - President
12. ~escfi~eexpenen~s, skillsor ~owledge~¥chRu~yo~to3~n-~on ~isboard{~lea~a~ach~bpefresume)
Ten Years o= service as a ~emDer ina chairman of one ~oca Kacon
Zoning Board of Adjustment, Real Estate Developer, Consultant,
Builder.
I hereby ceru~,tha~{ statements ~te true, md I ~ree and understand that any misstatement of material facts
contained Dr~us a~ cause forfeiture upon my pLrt of any appointment I may receive.
~~ --. Nov. 12, 2001
}SIGNATURE / ~ DATE
Note: TMs apphc~'on will remain on file in the Ci~ Clerk's Office for a period of 2 )'e~]l}~}t'~Dvas
subrratted. It will be the applicant% responsibility to ensure that a current apphcauon as on file.
CITY CLERK
· (Se1)
CITY HALL 201 WEST PALME'i'TO PARK ROAD · BOCA I=IA?ON, FLORIDA 3,3432-$7e5 · PHONE:
(se 1 )
(FOR HEARIN<3 IMPAIRED) TDD: 3~7-704.6
- SUNOOM: (~1) 92.2-7700
Au~-t 20, 2001
Mr. Gary Rosen
1027 Pepper Ridge T~TaC¢
Boca Raton ~L 33486
D~ar Mr. Rosen:
We want to thank you very much for your serv/ce as a member of the Zoning Board of
Adjustment over the past ten years. Because ofyour dedication, Boca Raton is a better
place for all of us.
In recognition of your sere/ce, please find enclosed our C~rtificate of Appreciation.
We wish you success in your future endeavors.
Lli/jr
mclosta'e
GARY ROSEN
1027
'peridge
Tace
Boca Raton
fL 33486
November 12, 2001
Ms. Karen Schell
City Of'Deb'ay Beach
100 NW 1"~ Avenue
Delray Beach, Florida 33444
I have recently' moved to Delray Beach having been a resident of Boca Raton
for the past fifteen years.
While residing in Boca Raton I served as a Member and Chairman of the
Zoning Board of Adjustment for a period often years.
I now have an interest in serving as a member of an Advisory Board or
Committee for the City Of Deh'ay Beach.
Since 19791 have acquired and developed real estate in South Florida,
acted as a consultant for various national and regional development firms,
and have served as President of the Florida Atlantic Builders Association
representing more than one thousand builder and associate members.
My preference would be a position with Planning & Zoning, Board of
Adjustment, Community Redevelopmem Agency or Housing Authority.
I can he reached by mail at 817 NW 2nd Avenue, Delray Beach
telephone at 251-1065 or via fax at 266-9166.
Your consideration on my behalf is appreciated.
: ~l~rW GITY OF DEL~Y BEACH
'II"
BOARD MEMBER APPLICATION
See ~ct&ched ~e~e.
'P~,ease $0e attac~hed 're, sm,
1 O. O~v~ ~w ~eM~ ar mos~ mcm~, ~ploy~r, &nd posi~an~
_. C~cy of ~ocn....l~cou - D..~velo?uent Serve. cas Depar=nent - Zoml. nf Off,.car
l l. Describe experi~"'-~s; i[cills or kuowlcclge WhiCh qu~il); you to s~rve oa ~ '~cl: ~iea~ ~tac~ · bri~r~c) '
P].ease see a~cachecl z'esume.
.r he;'e/~y ce~Ify f.~at all the above ~atemen~ a~' ~e, ang Z agr~ and Unge~ta~g that any "
miss~emenr of maXell ~ contained In ~is appli~fion may ~use fo~iru~ upon my
ot~~. RECEIVED
~ AUG 0 3 2000 b.~ ~-B
_ ,/~.ITV ~1 CRK . ,
Not=: This apphca~ion ~ m oz~ ill= in"zh~ Cit~TClevk'S Off'ice ~o~ = 1~'io¢~ of 2 yeaTS from ~e
rubmi~.ec~. It ~ be ~ applicant's ~sponm'bi~i~y ~o ~sm~ ~ a cm~ ~ica~on b on file.
Clld~ord ~. TmJr.
1~45 ~ Cove BIv&, Apt. ~301
Delray B~E, ~ ~496
and Traiete~
Prm~l lllstory:
11 ~JS-Present
01/97-11/98
To secure · chtllen~f and Mspmsible pinion in local Savemmmt ueh the
C_~,~io Development Dcpmmeu with respou~il~ far cemprehensJR
plmnin~ zoning, land development, smd poMh manasema~-
Flerlda Atlautic tlmtvt~si~, Bona Rotou, IqorJda
C4m~pl~ng a fi.A. degFec fn Fu~H¢ Admtnf~rarlofl
Seminole ~oatmumir~ Coflt~e~ Orlando, FJorlda
CI~ or Boca ltau)n, FJorfda
Zonint, Off'r. er in the Development Services Deputing! for the City of B4aca
Ramn~ Florida. Prima~ responsibilities include the adminisaetiee of the CL, y's
zo,,i,~g o~ce which facilimes d~e review of~ and conditional land usc
appro~Js, d~e exped~ing of ~ ceinm~ia] and r~sidetttiaJ buiJdin8 penn~.
tdminim~on of the City's nringen~ si~n code, review and approval of sign
penni~ and FEMA mandated flood zone cmnplbn~ rcvicw. Other prima~
· Review permJued and condJrioual isnd us~ aplrovels of d~c Boca Rotan
· StaO' liaban to d~e Cennnunlty A.ppemnce aoarcL ZonJn~ lk~'d of
Ad. ju.qtlnenL City Co,moiL and Ibc C..ol:nm~ Redevelol:~eot Agency.
P. espons~le fer the arcbJtocru;~ and aesthetic review of all
multi-family, and sign pa. mit~
· ~ include priding c~uun~ms, producing pruentmi~ns,
r~ applknti~ns br design and landscape ~rlteri&,
Public ~on lia~n ro ~be public reg~din~ ali ~u~t$ of the
Develoi~nem Se.v;ces Dmsmnmt. Rf~xu~ble b ptovMin~ valuable
procedure and 8~fla'~! fnfoflna~ rusardin~ lqan~ing & ~in~ and the
city's qax ed bauds.
documents f~r all Upu of development, to desmnism compliance with
applicable Zeehg Rcgulatims.
Referonces:
TNR Te~k~iml ~ buford, FJoe'Jdo
mmpany (!0 employes).
· Cmnpmy r,,lremimdve in S. amh Flmido ~ tot dse ecpm'th8 of'their
M,m,t~ ~the Fl~-i& .~a~ of*Code
Mgmtm of th,: GoMmast Soexgr
AvuLLtble upoa requc~.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1 g93
2001
4
'5.
" M~me 3illian ~{
Ciq Delray Bch
..... ~ " sm~ f~,
205 George Bush BLVD Delray Beach [ FL 33444
274-9315, 27~6011 ~ jwoehlken,S , '
. .. ~ ...... I het~tl.=~ . . . ~
In th~ -proc~s~ rtcentl~ Just ehang~fladdr~e,. I have ~k~fl in
~a: Bo=d(,) ,re ~ i~='~t,d a ~m~ ?~a~ ~t ~ ~ of~f=~: Delray Bch ~Or a
of ysars, Nowever~
N.P.B and ~ t 'Z"'} an8 s.P.~.a.B recently moved into~
~}~. ~ R.. ~. .... city. . .
None at present time.
B.S. in Architectural ~llaS~; M_~f [rehit~ture, Miner~
]0. ?ist a,[y 'rd,icd professio~,~l eerti~a~°n, ~i licenses wb~da yo~ bola:
~one at Br~n~ ~-ima ........
11] 'G~ve ~'our ~:esent, ot s~c~t ze~nt emploTer, and posiliof~: ' "I
'El~oploulos & Associates~ Gradu.ated Arch~tq..ct ....... ~
~'ormer i ~resenc work experience under current board member of
~.P.R.'A~B. Extremely d~dicat~d & eager to e~hance ~y knowledge' a
skills especially [elated t.o co~unlt~ as we~ a~ ~ultural i~u~
pertaining to' future endevo~. ;
RECEIVED
JUL1 3 2001
CITY CLERK
ELIOPOULOS &
ASSOCIATES, INC.
AA0003179
/rI.!.lAN M. WOEI-IL S
Pimp: ~61/276-~011
P~x: ~61/276-6129
OBJE~
EDUCATION
WORK
EXPERIENCE
ACFIV/TIES
mTE~$TS
Maim1 d Az~dm:m~ ~rl d ScJmee b Arddm:mr~ imd~ Mly 2001
Minon in r, qineerh8 ud Art
· One cd'a hu pemm tram to desifn and Imild an addiu'on to cxistin~ home in a dmign-build stndio.
Norwich Udverd~,
JC?mne~ Co., Inc., lkflin, VI' 12/99 - :S/0l
oNmwic~~W~'s~Tmm-~ 1,2,3,4
· AIAS - ldanber 1,2,3,4,5
· Girl Sooms - m:~ent ~fold mi silm' murds, ~ ~ ~le
· ~ Competition - 2nd phce ~ desizn nd cmm'uc~a ~scak~d ~
REFERENCES Available upon
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~q]~
AGENDA ITEM ~. - REGULAR MEETING OF JANUARY 8, 2002
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
DATE:
JANUARY 4, 2002
Mr. Alfred Straghn resigned from the Community Redevelopment Agency effective December 13,
2001 creating a vacancy for an unexpired term ending July 1, 2005.
Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he
or she resides in or is engaged in business (which means owning a business, practicing a profession
or performing a service for compensation, or serving as an officer or director of a corporation or
other business enmy) within the area of the agency which is coterminous w~th the municipality and
is other, vise eligible for such appointment. The City Attorney has determined that anyone who
resides within the City limits is eligible for appointment. A person cannot hold any other public
office other than his/her commissionership or office with respect to the Community
Redevelopment Agency.
The following have submitted applications and would like to be considered for appointment:
SEE EXHIBIT "A"
Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat #1).
A check for code violauons and/or municipal liens was conducted. None were found. Voter
registration verification was completed. All are registered with the exception of Willie Potts.
Recommend appointment of one (1) person to the Community Redevelopment Agency with an
unexpired term ending July 1, 2005.
Board cornrmss~on memo cra 01-04-02
COMMUNITY REDEVELOPMENT AGENCY APPLICANTS
EXHIBIT "A"
David Beale
Christopher Brown
Louis Carbone
Thomas Carney, Jr.
Robert Currie
Stefanie Gapinskt
Ivan Lachzinsky
Howard Lewis
Mark Little
Richard McGloin
Christina Morrison
James O'Brien
Willie Potts, Jr.
Charles Ridley
Gary Rosen
Jeffrey Silberstein
Alexander Simon
Michael Simon
Josh Smith, Jr.
Dinah Stephenson
Jean Sylvia
Kevin Warner
Attorney
Architect
Attorney (Current member on Downtown Development Authority)
Attorney
Architect
Coordinator Pubhc Functions
Marketing (Current member on Elder Ready Task Force)
Self Employed - Amoco
Zoning
Engineer (Current member on Downtown Development Authority)
Real Estate
Real Estate
Landscaping
CEO - Village Foundation
Real Estate
Arclutect
Real Estate
Real Estate (Current member on Historic Preservation Board)
Retired School Principal
Attorney/Real Estate
Real Estate
Engineer (Current member on Planning & Zoning Board)
BOARD MEMBER APPLICATION
Pica.sc type or print thc folh)wing inlbrnlalion:
2. Ih)mc Ad4ress: .
~c~
Nil111c-,x ^
('ily
'MFS' 'hl,iial
?.il'-i'o'lc .....
~.ip ('ode -
Il:ax t'~"~O -
It
7.
I.iYaJJ'('il.',; IMm&, cm which you are cm:rcntly '.,c~ vmg o~ h:tvc ptcviouqv ~e~ vcd' (Idca~c-mclmlc dale~j-
'it. I:d uc a-d-h~u-ii-~-t/fiJ i-~L'i, i,,n~: ..................
~-.- ' fJ'.4¥-fiii'.~ I:~]~i-~¥I pi:(l'es,don]fi'~crtilicaliot':,¢ aim liccn,~c,~ wlfich y(m hold.
II. l-)c~cl iht c.xpel icnce~. ,,kill', (', kt:mvle(Igc which qualil3' you t() ~Cl vc (ill lhi~ hoald: (l:Ica~c attach a bi icf le~tllllC)
] hereby certify that all the above statements are true, and ~ agree and understand that any
misstatement of material fac~s contained in this application may cause forfeiture upon my part
ppoint~ may ~eceive.
I
Note: This al'~plication will I'Cllmit~ on Iilc in Ihc (. 'il)' ('lcrk'.,¢ ()l'licc fi, a period o1'2 ycals from iht dale il was
sul')millcd Il ,,viii bc Ihe al')l')licmll'.,; rc.,ff~on,,ihiltly I() cn.~ut'c Ihal il currelll al'q'dicali()sl is ()n lilt.
ADblrrTED~
PLOP. IDA AND NEW YORK
DAVID A. BF_,4LE, P.A.
Law Offices
355 NE 5~ Avenue - Suite #I
Delray Beach, Florida 33483
TELEPHONE (561) Z43-1477
FACSIMILE (561) 243-3166
EMA~L dab~ 8~comelLedu
CELI.PHONE (561) 213.20~0
NEW YORK OFFICE:
?50 THIRD AVENUE - 29TH FLOOR
NI~W YORK, NEW YORK 10017
TELEPHONE (212) 9~9-O203
OR (212)
FACSIMILE (212)
DAVID A. BEALE
David A. Beale is a graduate of Comell University (13. S. 1971) and Fordham Law School
(J D 1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar
(1990). David Beale is a member of The Florida Bar Association, New York State Bar Association,
and Association of the Bar of City of New York. He belongs to the Entertainment Arts and Sports
Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the
Publishing Committee He is also active in the Media Law Committee of the Florida Bar, and the
Intellectual Property Law Section of the New York Bar Association.
Mr Beale has spent his entire career representing the needs of small businesses and their
owners, the sizes of which range from start-ups to companies with $1 O0 million in sales His practice
encompasses all types of corporate, partnership, employment and commercial agreements, including
leases, property purchases, and financing agreements, as well as all types of litigation that relate
thereto. He is able to work with clients who have sole proprietorships as well as partnerships and
corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation,
corporate document requirements, employment agreements, shareholder, voting and buy-sell
agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors
fights Mr. Beale can give guidance on vendor, service and sottware agreements, as well as negotiate
and litigate disputes over same.
On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills,
trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name
changes, bankruptcies, debtors and creditors fights and homeowner and association fights. When a
client's need arises, he works with the best attorneys in the fields of matrimonial, personal injury and
estate planning Real estate closings can take place in his suite, with title work done by associated
counsel.
Clients of the firm are found in the areas of banking, publishing, distribution, marketing,
licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non-
profits, party planning, catering, equipment sales and financing, and employee management and
training He has extensive experience in employment law issues, and spends a great amount of time
counseling companies and their human resources professionals with questions concerning
discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If
such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of
employment law issues.
Mr. Beale is outside general counsel to a national and international distributor of magazines
and books, employing over 1500 persons nationally. Mr. Beale has also represented national
magazine and book publishers, and film and video producers, and has negotiated and drat~ed
contracts for clients that cover every conceivable area of need, including copyright, trademark, rights
acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and
sale agreements.
He also has extensive litigation experience in state and federal courts all over the country in
all related areas, which include infringements of all types, libel, slander, invasion of rights of privacy
and publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights
in these areas.
INTELLECTUAL PROPERTY AND MEDIA PRACTICE
David A Beale is experienced to handle a wide array of issues and problems in this practice
area, including representation of magazine and book publishers, distributors, film and video
producers.
The areas of expertise covered by Mr. Beale's practice include the following:
Trademark and Copyright Practice - This area encompasses everything from
registrations, development, licensing, infringements and unfair trade practices
Experience includes litigation of all types, from the Trademark Office to federal court
actions for infringement action, including the prosecution and defense of preliminary
injunctions.
Publishing - The firm has extensive experience in negotiating both magazine and
book contracts covering the following areas: publishing rights, printing, distribution,
licensing and fulfillment.
Media - The firm can meet all need in this area, including, libel, slander, rights of
privacy and publicity and all other First Amendment issues.
Television and Film - The firm has experience in development and production deals,
as well as performance and location rights. Experience has included the clearance
for production companies for copyright, trademark and location rights.
Mr Beale frequently develops new approaches to issues and problems, advising clients and
litigating on a national level, while remaining constantly aware of the client's desire to remain cost
efficient in today's economy.
EMPLOYMENT LAW PRACTICE
David A. Beale believes the most effective way to handle employment law claims is through
a preventive approach. This means that he will work with each client long before any claims arise.
If a problem surfaces, litigation can be handled in a cost effective and professional manner.
In today's business environment, companies are recognizing that it is essential for an
experienced lawyer to draft and/or review employment policies, procedures and provide training to
all supervisory personnel After extensive consulting with the client's Director of Human Resources,
or other responsible individuals, in order to determine the problems and issues specific to each client,
Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues
that may arise. These may include one or more of the following areas of employment law:
*Hiring and evaluating employees
*Supervisory training
*Employment discrimination, and harassment
Title VII, ADEA, ADA
*Employe~ personnel files and right to privacy
*Employee evaluation
*S¢curily issu~
*Job safely
*Reduction in foroe, r~..engin~wiog
*Compensation & work schedules
*Employee Compensation & fringe benefits
*Employment termination
*Employment contracts & agreements
*Drug t~'ting
*No smoking policies
*I)isciplinary programs and procedures
*AIDS
*Family Medical Leave
His loss prevention and litigation skills are needed to serve your needs, and work with your
Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No
employer should face today's employment law problems alone. David Beale will always be available
to be your partner in problem solving.
DAVID A. BEALE, P.A.
LAW OFFICES
355 NE 5a Avenue - Suite #1
Delray Beach, Florida 33483
(561) 243-1477
Fax (561) 243-3166
Email DAB38@CORNELL.edu
Admi~ec~:
and New Yod~
Celltzhone (561) 213-2o40
New ¥o~ O[[i~e:
750 Thint Avenue - 29th Floor
N~w York. N~w Yo~ 10017
'r,i,rhon. (212) 949-020:3
or (212) 682-2288
Fa~'m~ (212) 682-2474
March 9, 2001
Patricia Warren
Executive Assistant
City Clerk's Office
City Of Delray Beach
100 N.W 1't Avenue
Delray Beach, FL 33444
Re: City of Delray Beach Board Member Application
Dear Ms Warren:
Please add the CRA to the list of Boards that I would like to serve on.
Thank you for your cooperation and assistance
BOARD MEMBER APPLICATION.
Please type or print the following information: .
2. Home Address: City Sta,~ Zip Code
3. Legal Residence City ~ State Zip Code'
HomePhone _ 7 ~ ~~~' ~
s.,, B~iness Ph~e~l ~~ F~~./~
6. What Board<s)are you interested in se~ing* ~~~ ff ~/~/
8. ~ucational quahfications:
9. Li~ any r~lated prof~s~bnal ~c. ifications ~d lic,nse~ which you hold: ' / '
10. Give your present, or mo~ recem employer, and ~sition
I !. D~scribe ex~riences, skills or knowledge which qu~li~ you to ~e~e o~is ~: ~i~ amsh a brief resume)
' her~/c~at all the above statements are t.e, and/a~ree and unde~tand that any
m~a~. ent ~terial fa~s contained in this application may ~use ~iture upon my
~ a~/apl,oin~e~ 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
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
8~CI'1W CLEi~ ~ O AJ[D~AI' t'L I¢ ATIC~q
CHRISTOPHER J. BROWN
218 N. W. Ninth Street
Ddray Beaeb~ FL 334AA
chrjambrow~aol.com
(561) 265-1148 and (~61) 265-1419 fax
PROFESSIONAL DEVELOPMENT
Christopher J. Brown & Associates Delray Beach, FL 2000-Pr~ent
President of consuhiflg firm specializing in planfling~ market research, economic analysis, and urban
devek~pmenL
Delray Beach Community Redevelopment Agency Delray Beach, FL 1991-2000
Execut~,,e D~rector of Tax Increment Financing District, concentrating on commercial and residential
re, italization of the downtown and adjacent residcnhal neighborhoods.
Court RealO' and Development Boca Raton, FL 1983 - 1991
President of real estate development and consulting firm, special~zing in residential, single-famil.~ and
muiti-famdy prqiecr~
Campeau Corporation West Palm Beach, FL 1980 - 1983
Florida Regional Vice President of international real estate development company, concentrating on large
scale, oceaayfront condominiums and golf course communities.
C&ristopher J. Brown & Associates Houston, TX 1975- 1980
President of consulting firm speciahzing in planning~ market research, economic analysis, and t,rban
development
l~lchell Eaer~ & Development Corp. Houston, TX 1973 - 1975
General Manager of diversified residential, commercial, and industrial real estate development company.
Company developed new town, "Woodlands."
EDUCATION AND OTI4T. R EXPERIENCE
Master of Ci~ Planning, University of Pennsylvania, School of Fine Arts and Wharton Business
School; Master of Architecture, University of Pennsylvama; Bachelor of Arts, Fine Arts. Yale
Universi~: Adjunct Professor, R,ce University School of Architecture, University of HoustOn Law
Memberships: Florida Redevelopment Association, International Council of Shopping Centers, Urban
Land Institute, Congress of New Urbanism, and Council of Urban Economic Development
Boards: Palm Beach County Impact Review Board (1994-present), Florida Redevelopment Association
(1995-present). Palm Beach Photographic Center (2000-present), Palm Beach County Overall Economic
Development Board (1996-2000), Business Loan Fund of the PaLm Beaches (1996-present) and Pahn
Beach Count~ Com'ention Center Task Force (1997-1998).
Licensed: General Contractor, Real Estate Broker; State of Florida
Language: Spanish
FAX 5el 243 3??4 CITY CL~RK
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Plea,e Tyre or prim the following information: mi m
Carbone . Louis ~
I~. Ho~c Ad.ess: j Ci~ ) S~e "~.;p~oo~
1708 S. Ocean Boulevgrd ,Delray Beach .... )~ )ll~a~
a. Vfinc,~ B'~ness Address: [ Ciw I"~mte ) Zip Cod~
65 NE 4th Avenue iOelrav Beach ~ ~T. [ 3348)
[ Business Phone: 'F~:
~ .~ 561/272-02A~61/TT2- 6Al
, LOpwntown OeyAlopm~, J
I City Commission
I T. "1."'$[ all Ci~; 8o~ds ~n which you are ~5' serv,ng or ha~e~)~'' se~'~ (Plebe includ~
~lanning~... ... and Zoning Board 1996 - 1999
;
~ S, Edac~t~ona) qualifi~t;ons: ' -
BA-~conom~cs & ~nance -ro~Oham University,.
) JD Pace "Unive~sit .
- ~ . y School of Law, New York NY
~ a~d professional ~nifie~i0ns and licenses ~'ch you hold:
; Licensed attorney- Florida, NeW york.. Wa&hinqton ~_~_
I
I0 Give your pr~smnt, or mosfrecent ~mployer. ~nd position' -
I
~ Louis J. Carbone, P-A. &ttornmv at l.a~
-
FE:B 0 8 2001
CITY CLERK
Note
['i__l-B'~le~.i~&ces. skitl~ or k~oa. lcdge which quali£y you to serve on this bO~d. (Please attach a br,erresum~') I have_.worked as a real estate attorney; local business owner
.~a~d real estate developer in Delray Beach for the past five (5) Years
hereby ceftin~ that all the above statements are true, and I agree and understand that any
may cause forfeiture upon my ~ar~
I~~ion will remain on file m t.he'City CI~rk's Office for a period-of 2 years :mm ~c date it ,&'as'
submitted It will be thc applicant's respomiibili.'y :o ensure that a current application is on file.
LOUIS J. CARBONE, ESQ.
65 NE da Avenue
Delray Beach, Florida 33483
(~61) 272.0282
PROFFESSIONAL WORK EXPERIENCE
LAW OFFICES OF LOUIS J. CARBONE, P.A.- Delray Beach, Florida & Hartsdale, New York
PRINCIPAL ATTORNEY 1997-PRESENT
Owner and principal attorney of law practice with locations in New York and Florida specializing in
complex real estate transactions, mergers and acquisitions and corporate law. Corporate counseling in
business operations, mergers acquisitions and sales. Title Insurance and Closing Agent for Attorneys Title
Insurance Fund, Inc., Stewart Title and Guaranty and First American Title Insurance, Inc.
Representative clients include lending institutions and real estate development companies: Homerica,
Inc., Prudential Real Estate Relocatton Services, Inc ; European Development Group, Inc., Integrated
Electrical Services, Inc,. Proctor and Gamble Distributing Co, ~4 T & T Reiocation Co., Waldbaums
Food Stores, Northeastern .4 bstract Co, lnc Furmoto Realty.
DEE CAR HOLDINGS, INC. Delray Beach, Florida
GENERAL COUNSEL & PRINCIPAL PARTNER 1993-1997
Legal counsel and principal co-owner and founder of a multi-million-dollar furniture manufacturing
company with worldwide distribution. Set up manufacturing facilities in Florida and Santa Domingo
Secured financing through small business administration. Managed company to grow to ten million dollars
in sales. Company acquired in 1997 by a national furniture manufacturer.
LAW OFFICE OF JAMES CARTELLI, ESQ. - White Plains, NY 1987-1996
ASSOCIATE ATTORNEY (1989 -1996)
LAW CLERK (1987 - 1989)
Complete management responsibilities of commercial law cases including evaluation, research,
investigation, negotiation and implementation of all strategies required to try each case. Skilled at
negotiation and drafxing of real estate and business contracts; title review; coordination and closing of real
estate transactions, preparation of institutional and private mortgage transactions. Act as lender's counsel
and general counsel in advising individual business and corporate clients regarding financing. Real estate
and legal issues.
Closing attorney in the development of 694 home development project in New York City pursuant
to Federal Housing Act;
Representative Clients: Prudential Home Mortgage Co., Inc., Chemical Bank,N.A; Marine
Midland Bank N. A.; Universal American Mortgage Co,
HONORABLE GERARD E. DE LANEY- White Plains, NY 1988-1989
Justice of the Supreme Court of the State of New York
LAW CLERK
Provide research, analysis and drafting of legal decisions in civil case before the Supreme Court. Review
motion papers, assist in recommendations of decisions based on civil cases presented; assist in pre-trail
hearings and motion practice
CHARLES IRVING, MEMBER OF PARLIAMENT - London, England 1987
LEGAL STAFF ASSISTANT
Selected for research assistant position for House of Commons to provide legal research in the areas of
International Business Law. Participated in committee meetings concerning economics, trade and prison
reform. Attended conferences with business leaders relating to Bills presented before the House of
Commons.
BAR ADMISSIONS
State of New York
State of Connecticut
State of Florida
Washington, D.C.
U.S. District Courts in New York (Southern and Eastern Districts) and Connecticut
CMC AFFILIATIONS
City of Delray Beach Planning and Zoning Board, Vice Chairman 1996- 2000
OTHER LICENSES
General Building Contractor, State of Florida
New York State Broker License
PROFESSIONAL AFFILIATIONS
American Bar Association *New York State Bar Association *Connecticut Bar Association
Florida Bar Association * Westchester Counr~ Bar Association * Florida Legal Referral Agency
Columbian Lavwers Association of New York
LECTURER
The Prudential Real Estate Affiliates
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
' - ~ .... ~ S~Z ~c~
. .~ Lis; ~r,; rt ;,~ecd I: rofe.-:sional ~c~t~ai~tti;n$ and licensu~ which you hold'
RECEIVED
BEC 2'1 1001
CLERK
(561) ~9-44~ 0f lice)
(561) 369-1175 (Fax)
October 1979 ~o Present
CARNEY LEGAL GROUP. P.A.
Attorney-at-Law concentrating in real estate; financial
transactions; contracts; international transactions; and
corporations; Certified Circuit-Civil Mediator
December 1983
to Present
CARNEY~~~. INC. Founder
and Chairman of the Board.
Activities include investment banking and holding company
operations. Subsidiary companies include : The Carney Group.
Inc. (investment banking, member N.A.S.D. and S.I.P.C.);
March, 1991 to Present
December, 1996
CARNEY-JONES INVESTMENT CORPORATION
Co-Founder and Chairman
Engaged in the acquisition and/or management of office buildings
and multi-family residential properties.
December, 1990 to
October, 1993
~O~NOKE-LYNCHBURG TELEVISION ACOUISITION
CORPORATION. Founder and President
Owned and operated Channels 21 and 27 in Roanoke-Lynchburg,
Virginia (Fox Television Affiliate). Company sold in Oct. 1993.
December, 1990 to
December, 1994
ECOLOGIC WASTE SERVICES. INC.
Co-Founder and Vice-Chairman
Company founded and was one-third owner of U.S. Tire Recvclina.
Inc., the largest collector and disposer of scrap tires in the
Mid-Atlantic states (headquartered near Charlotte, N.C.).
Company sold in December, 1994.
December, 1984 to ~XPLOTACIONES PORTUARIAS. S.A.. TARRAGONA.
November, 1987 ~PAIN. President.
Owned and operated private maritime terminal and stevedoring
company; developed new business/trade between the Port and other
European and South American/Caribbean countries.
~tme, 1981 to
October, 1983
COMMITTEE ON WAYS AND MEANS, United States
House of Representatives, Washington, D.C.
Assistant Republican Cottnsel.
October, 1979 to
June, 1961
OFFZCE OF CHIEF COUNSEL, Internal Revenue
Service, Washington, DC. Attorney-Advisor,
Legislation and Regulations Division.
1
f
BANK DIRECTORSHIPS
M&y, 19~4 to Ju'ty,
to ~une, 2992
December, 2988
to Audit, 2992
Hay, 298~ to
~;ch, ~987
CARNEY BANK.
Founder; Vice Chairman of the Board.
COUNTY NATIONAL BANK OF SOUTH FLORIDA.
Director; Member Executive/Loan Committees.
OIBRALTAR SAVINQS AND ~OAN ASSOCIATION.
Miami, Florida.
PROFESSIONAL MEMBERSHIPS
Florida Bar Association, Massachusetts Bar Association, United
States Tax Court Bar. United States District Court (Southern
District, Florida), and the United States Supreme Court.
ZDUCATION
Legal
Georgetown University Law Center, Washington, D.C.,
Master of Laws in Taxation (M.L.T.), 1984.
Boston College Law School, Newton Centre, MA,
J.D., 1979.
Activities: Associate Editor, Boston College International and
Comparative Law Review, 1978-1979; staff member, 1977-1978.
Student Representative, Committee on Foreign Activities of U.S.
Taxpayers, A.B.A. Section of Taxation, 1978-1979.
Publication: "The 1976 French Finance Law: Its Effect on U.S.
Citizens Residing in France with U.S. Source
Passive Income," 2 B.C. Int'l & Comp. L.J. 163
(1978).
Undergraduate
Spring Hill College, Mobile, Alabama
(Political Science), 1976. Manna Cum L au de.
University of Bristol, Bristol, England
(Junior year abroad). B.S.
OTHER ACTIVITIES
1996 - present
~93~to the Unite~Na~ions, Permanent
Observer Mission of the Sovereign Military
Order of Malta to the United Nations
1995-present
Delrav Beach Ho~si~g Authority.
PERSONAL
Married, two children
Date of Birth: February 15, 1954
LANQUAOE French; some Spanish
P~EFERENCIS Furnished upon request.
2
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
[.~l ResideA¢¢
Principal Busi~ss Ad&ess:
WRs! Board(s) are you interested in scrvl=~.
Li~ all City Boards on wh. icb you ~m currentJy s~rvi~i or hav~ previously s~-v~: (Plen.~ inol~, dams)
Cit7 I Sine Zip Code I
uca:iona] q
List ary rel~ec~ pro£essionel ccttLFications end lio.~nses whicl~ you hold:
10, Give ),our pres~nL, or most recent employer, and l~sifion:
1 I. Descri~ ~-xperien~es, skills or kaowlecige which q~dify yo~ to serve on this board: (Please attach a brie£resume)
"I he~e certify that al~ the above stetements are true, en~ I agree and understand that eny
jmlsstaf:f,'nent of mai'er~a! facts conr. alne~ In this epplicatlon may ceuse forfefture upon my part
ve. RECEIVED
-- FEB 2 1 2001 '
~i application will remain o~ file ~le'"~it~~ffice for a period of 2 years from th, datc it was
submit'~d. Ii vdll b~ da~ "ppli¢~'s r~spon~'bili~ to ~ 11~t ~ torrent ~ppli~lion is on fil~.
IROBER~ G. CUI~RIE, AIA
Senior Designer
6ertltl~d: Florida.
· N6^I~, #11,.~:~
EDUCA110N
Harvard
C~ra~ Sch~ ~f D~4gn
Robert G. Curtis is the founding principal of the architectural firm RODERT
G. CURRIE PARTNERSHIP, formerly Robert G. Cuttle & A~socia~ AIA, PA,
and Curtis Schneider A~oc~, AI~ P~ I~a~ ~ince ~ 1~9 ince~ion
in Delray D~ch, Florid. He r~civ~ a Ma~r in Arch~ure ~om Haward
Un~e~y, Grad~ School ~ De~n in 1965 and
Arch~ure Eom the Univem~y ~ Minne~ in 1962. Mr. Curtis
ce~ a~ an arch~ural pr~e~ional ~ NCA~D and ha~
In the ~ ~ Florid, ~,n~ic~, Illinois, ~ach~, Maine, New
Ham~hir¢, Ehode le~nd, So~h Carolina and ~rgin~.
Over the cou~ of his profe~ional career, Mr. Curie has planned and
designed virtually every project type, Including municipal, public a~embly,
residential, commercial ~fice, ho~pitality and historical r~toratlon
facilities, in both the United States and abroad. His knowledge of
international design and construction was developed through project~ in the
Middle East, Australia, Central America, China and the United Kingdom. In
addition, he taught at the University of Sydney (Australia), the University
of Miami (Florida) and Florida Atlantic University.
Mr. Currie's goal is to create project~ in which the client's success is
achieved in both aesthetic and budgetar~ terms. With some forty design
awards to his credit, Mr. Curtis is the firm's principal designer and
responsible for project~ through the design development phase. In 1990,
he received the American Institute of Archttect~ Palm Beach Chapter Awar~l
of Honor for De~/gn for his contributions to architectural design. More
recently, the firm was honored as the Firm of the Y~ar 2000 by the Florida
Association of AIA.
BOARD MEMBER APPLICATION
1993
P~ ~p~ or p~x d~ fo~ow~ ~om~on:
l. L~ N~ne: N~me ~t I.
Oapinski Stefanie
ttome Ad&e : Cir
590 Lavers Circle ~235 ~lray Beach ~ 3~4~
4. ~~ B~. ~: ~
5. 'H~e Phone: B~e~ Phone: ~ Phone: E-M~ A~ess: F~:
~61-276-~ 152 561-297-0035/~ 561-302-0595 gapfn~kl~ fau. edu 561-297-2058
g. ~ you a ~erM Vo~r?.~ _. / ff so, where ~ you
7. ~ ~d(s) ~e y~ ~ed ~ ~g? ,
Affordable Housing Advisory go~lttee, g~unlty Redevexopment Agency,
~o~to~ ~evelo~ent Authority
9', E&~o~ ~~o~:
B.$c. - S~. Bonaventure Universi~y~ ~ - 1969
FlorSda Dept. of Insurance: Heal,h; Life and ~a~iable ~nui~y license
11. ~~p~n~ormo~t~l~,~d~: Coordinator of Public ~unc~ions,
~ile living in Canada~ I se~ed as a member of the Board of Diractom of the Independen
Living Resource Centre and a member of the marketing and public relations co~ittee of
thn Rt. Ronifacn gnnnral Hospital Research Foundation.
Not~. Tlgs appllcagon w~ rem~ on ~e b~ the C.~y Oerk's C~ ce for a per~d of 2 years from the date k was
submk~ecL h w~ be the appllcant's~ thaz a cun~nt appllcagon ~ on ~le.
~'IL'rrYcLERK~OAJI, DL~I~LICATION
STEFANIE GAPINSKI
SUMMARY OF QUALIFICATIONS
· A specialist in public relations, marketing and communicntions, with experience in m~rketing story ideas
to the news media ~ well as le~dmhip development programs to univmities.
EDUCATION
St. Bonaventure University
B.&'.
PROFESSIONAL EXPERIENCE
1998 - present Hod& Athnfic University Boo R~ton, FL
C~ordi~atar of P~tblt'e F~mctio#~, Darot~ F. Sth~idt College ~f ~4rt$/Latttr$
· Respontible for the visiting ;chohr prograug Ph.D. program ~lminhtration, fuadmsing.
1992 - 1998 University of Manitoba Winnipeg, MB
Axsi~tan! Director, Centre for Hi&her Eaktcatt'on Restarct} and Dt~tl~mtnt
· Responaible for the orga~ation, marketing, and man%~tment of leadership development programs for
university administrators from around the world; a~ well as for the overall management and operanon of
the Centre.
1992 Univetxity of Manitoba W'mnipeg, MB
Asxi~ta#t to the Exeattive Director, U#iverxi~y Relations Dit~sion
· Seconded to handle special projects as assigned by the President of the University of Manitoba.
1984 - 1992 University of Manitoba
Information, Con~uni~y and Media Relations O.~ctr
INTERESTS AND ACTIVITIES
Volunteer work in the Dominican Republic through Orphanage Outxeach; fimess; challenging my physical
and mental abilities by bungee jumping and white water rafting; sttin-glass artistry; cooking and entertaining.
ACHIEVEMENTS
Recipient of a University of Manitoba Outreach Award for con~butions to the community-at-large and for
efforts to increase contacts between the university and the general public.
Appointment ns the l~'ovince of Manitoba medi~ liaison for the Canadian Governor General's 1992
Centennial Celebrations.
Fellowship recipient from the Council for the Advancement and Support of Educntion Dismct V, the only
representative from Canada out of 10 recipients awarded the fellowship that year.
Member, Marketing and Public Communications Committee of the St. Boniface General Hospital Research
Foundation, Winnipeg,
Member, Board of Directors, Independent Living Resource Centn=, Wumipeg.
Recipient of a $2,500 grant to continue volunteer work in Dominican Republic orphanages in 2000.
S90 LAVERS CIRCLE #23S · DELRAY BEACH, FL $$444
PHONE S61.297.003S ° FAX S61.297.20S8 * B-MAIL GAPINSKI~FAU.EDU
Stefznie Gapinski
Stefanie Gapinski is the Coordinator of Public Functions in the Dorothy F. Schmidt College of Arts and
Letters at Florida Atlantic University, where she a~ters the Ph.D. in Comparative Studies Public
Intellect~!~ program, oversees the visiting scholar progr'am~ and is involved with fundraising for the Ph.D.
progzzm.
A spe~st in public relations, marketing and communications, Stefanie received he~ Bachelor of Science
from St. Bonaventure University. After receiving her degree, she moved to Canada where she worked ove~
20 years at the Unive. rsity of Manitoba, holding positions such as the Inform.tion, Community and Me&l
Relations Officer; Assistant to the Executive Director, Univeixity Relations Division; and the Assistant
Director, Centre for Higher Education Rese~ch and Development.
Throughout her career, Stefanie has received many distinctions. She was the m:ipient of a University of
Manitoba Outreach Award for her contributions to the community-at-large and for her efforts to increase
contacts between the university and the general public. She also received a fellowship from the Council for
the Advancement and Support of Education District V, the only representative from C~n~da out of 10
recipients awarded the fellowship that year. In 1992, she was appointed as the Province of Manitoba media
liaison for the Canadian Governor General's Centennial Celebrations.
Stefanie believes in the importance of giving back to one's community, and so she has volunteered her time
for organizations such as the Boy Scouts of Canada, a hospital cancer research foundation, a food bank, and
the independent living movement for persons with disabilities.
Lately, her volunteer efforts have focused on under-privileged children in devdoping countries. Since 1999,
she has worked at two orphanages in the Dominican Republic: The Hope of a Child Orphanage in
Montecristi and The Good Samuritan Orphanage in Esperun~a. In January 2000, she received a grant to
continue her volunteer work in Dominican Republic orphanages.
Stefartie's strengths lie in many trcas: organizational ability, interp~sonal communications, m~ke~g and
public relations, and financial aptitude. She is a person with an "I make it happen" attitude who has the
ability 'to get things done."
(56]) 297-2~'4
In. AX: (561) 297-2058
~au.edu
FAX: (561)
PPimi~au~i!~AX CORRESPONDENCE
561-243-3774 (4 pages)
FLORIDA ATLANTIC UNIVERSITY
777 Glades Road
P.O. Box 3091
Boca Raton, Florida 33431
The Dorothy F. Schmidt College of Arts and Letters
Ph.D. in Complrative Studies: Public Intellectuals Program
'COPY
May 1, 2001
Patricia Warren
Executive Assistant
City Clerk's Office
City of Delray Beach
100 NWIs~ Avenue
Delray Beach, FL 33444
Dear Patricia, '
I am faxing my board member application, along with a resume and biographical
statement. (I also put these documents in the mail.)
Let me know if you need anything else.
Stcfanic Gapinsld
lk~ leaton * Fort l,tuderd&le * Dfmb Beach · Dtvte · Jupiter * Peri St. Lucie
A Member of the State Unive~ity System of Ronda
An F. qual Opportunity/Access/Affirmative Action Institution
t
BOARD MEMBER APPLICATION
1993
Please information:
i'./L~ Name: / - N~me~ /
D ta- /<vr
3. ~g~si~en~: ' ' ~ / ~e ~i~e
4. ~d~ ~us~ss A~ss: ~ ~m~ Zip ~
~ Phone: F~:
6. ~e y~ a re~red voter? If softest you ~~?
"~. ~ Bo~d(s) ~e you ~t~ed M se~? Plebe hu M or&r o~ preference:.
9. E~fion~ ~ficafiom:
.... i0. H~ my relat~ profession~ ~fions md E~nses wNch you hold:
11. Give y~ p~sent, or mou re~t mpl~, md ~fifion:
12. De~ ~en~s, ~s or ~o~e ~ ~y~ to ~e on ~s bo~& ~l~e a~ach a brief reme)
I~ T~~ / JUN 2 2 2001 /~/~/~/
SI~A~-~ DA~/ - / - '
r c,L~RK
Clerk's Office for a
Note: This application will remain on file in th :y Clerk s Office: 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.
$',E ITYCLERK'~OARD'~.PPLICATION
IVan La lJzinsky
:L850 Homewood Blvd. #408
Delray Beach, FL 33445
(561) 266-9084 FAX 266-8827
ladizinsky@mindspring.com
A long and distinguished career in radio and television has given me valuable expeflence
in management, advertising, promotion, marketing, copy writing, line produdng, post-
production, created print and outdoor advertising, and total campaigns. [~ve prepared
and controlled budgets, dealt with vendors and suppliers, and supervised personnel. As
a consultant, Yve advised small and large companies on their marketing position and
Image, internal communications, customer and client relations, and created sales
promotion videos and collateral materials.
Special ProJects Coordinator Multi IVledia Productions (Boca Raton, FL)
Assisted in the production of Wodd Business Review with Alexander Haig. Coordin~
client fulfillment, programming and magazine distribution. Coached corporate dients for
their television appearances. (1998 - 2001)
General Manager Antelope Broadcas'dng Company (Lancaster, CA)
Managed both AH and FM radio stations for the Antelope Broadcasting Company
adjacent to the Los Angeles market. Developed all-sports format for AM and Modem
Rock for FM. Prepared the stations for sale and identified the buyer, .lacor Broadcasting.
The stations were sold to the owners benefit. (1993 - 1998)
Ivan Ladizinsky & Associates (Los Angeles, CA)
As a consultant, my clients ranged from advertising agendes to real estate developers, a
sports gear manufacturer, a natural gas consortium, a commercial recording house,
special effects-animation production company, the Academy of Motion Picture Arts &
Sciences, and the Los Angeles Clinic: a community health facility. (1987-1993)
Previous employment includes: WCAU Television (Philadelphia, PA), ABC News-Nightline
(Los Angeles, CA, and Washington, DC), CBS TV Netw~ (Los Angeles, CA), KTVU
Television (Oakland, CA), KCBS NewsRadio (San Frandsco, CA.)
Education: Pennsylvania State University, BA in Uberal Arts. Studied at the Nliar~e
Francaise in Pads, France. Military service: Four years with USAF.
Honors: Emmy Awards for news and sales promotion (California & Pennsylvania),
Amedcan Advertising Federation, Clio Award, Ohio State 3oumalism Award, Writer's
Guild, Pennsylvania Broadcaster's Golden Keystone.
REFERENCES UPON RE~UEST
Ivan Ladizin ky
21, 2001
Patricia Warren
F, xealttve Asst.
C~ C/erk's Or, ce
1~ ~ 1' A~.
~y ~a~ ~
Dear Ms. Warren:
Thank pou so much for your response. I don't want to bore you with rmff effusi~ enthusiasm
about Delray Beach, but corning from Los Angeles three ~am ago and having lived in
several major cities, this is the most welcome I've felt in a long lime.
Enclosed is my application along with an abbreviated version of my current resume, which
answers some of the questiom, posed on your fOmL I am a registered voter in Palm Beach
County, I am a resident of Delray Beach and plan to be one for many years to come, and
am now semi-retired. My recent employer has fallen on hard times and I am open to project
based work or part-time emplo!~ent In the meantime, I would be delighted k~ volunteer
my ser~i_~s on behalf of the cit~.
As I've told you, 1 have been a member of the Pineapple C~ove Main Street Association
since I anived here and am a volunteer worker with Caring Kitchen: a food distn~ution
center located off West Attantic and supported by the Cason Church on Swin~on. I am most
interested in either the Community Redevelopment Agency or the Downtown Development
Authority. I know that the CRA has just reconfigured the board with the addition of a
representative of the West Atlantic community. I applaud that. ff both of these commissions
are now fully engaged, I would serve in any capacity the city deemed appropriate.
In any case, I hope that the city or any of tls agencies would feel free ~o lake advantage of
my marketing and promotional experience in herakiing the advantages and enormous
appeal of Delray Beach. Thanks again for pour time and'interest in rn~ application.
cc: W. Schmkl Napor RECEIVED
JUN 2 2 2001
CITY CLERK
BOARD MEMBER APPLICATION
1993
2001
Please type or print the following infozmafion:
1. Lss[iqame': /_.~/.~,,, Nsme .~/~.~ M.I.
~. ~ Residence: ~ Sm~ ~ip C~e
4. ~~ B~ess Ad.ess: ~ State ~p C~e
5. Home Phone: Bus. ess Phone: E-M~ Ad.ess:/ Ce~ Phone: F~:
6. A. youa,e.t.edvote,? t~ Ifso, whe~e~eyoure~stered?
7. ~t Bo~d(s) ~e you ~t~es m se~g? Pl~se ~st ~ ord~ of pref~ence:
10. ~st any rehted profes~o~ ce~ficafions and ~censes w~ch you hold:
11. GNe yo~ presen~ o~ most recent employer, ~d position:
12. ~ e~c~, s~ og ~o~e~ ~ q~ you to s~e on ~s ~d: ~[~se s~ch a bfiefres~e)
I h~eb~c~ ~lt ~ ~e s~e s~t~m~ ~ ~e, ~d I ~ee ~d ~d~d ~lt my ~smt~t of ~t~ fac~
con,ed ~ ' spphcsfi y ~use foffd~ u~n my p~ of ~y sp~~t I~y ~c~e.
Note: This application will remain on file in the City Clerk's Office for a period of 2 years t~t~'it~'~l~ st was
submitted. It will be the applicant's responsibility to ensure that a current application
CITY CLERK
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please ~ or print '.he ~oLlawin~ inform~on:
3. Legal Residence: City Stale Zip Code
4. Prindpal Business Address: City State Zip Code
5. Home Phone: Business Phone: E-M.ai!Address: Cell Phone: Fax:
~fso, whe~ ~eyou regi~d? ~.g ·
6. Are you a registered voter?
7. What Board(s) are you interested in serving? Please list in order of preference: C...i~N
8. Lis~ all City Boards on which you are currently serving or have previously served: (Please include dates) C
9. Educational q~_cadons: . . . , ..
10. 'Li~ any related professional certifications and licen"~es ~wh~ch you hold!
~. o~,,~,o,~ prise.t, or most recent emp~c~, ~d post,on: S~/~ C~.,,~,,,~'o.,~ _T,,,c.
12. Describe ex~ences, skills or knowledge which qualiiy you to serve on this board: (Please anach a brief resume)
certify that all th~ve statements are tree, and I agree and understand that any misstatement of material facts
d i~~ ~o.p...~y~use forfeitur~l~~~}' appointment I may receive.
'/~ ~ d'"'""'-~ .AY 3 1 2001 S' at. O I
] S~NATUR.E DATE
,,, /"~ 1"1'%1 ~"~
Note: This application will remain on file in ]iii Ciiyl~llz~~ce for a period of 2 years from the date it was
~bmit~ed. It will be the applicant's responsibility to ensure that a current application is on file.
S~CITYCLEP. K~OAP. D'~J~PLIC A TION
Mark D. Little
Phone 561-243-9462
Email mlittle~sbasite.com
505 NW 12TM Street
Delray Beach, Florida 33444
Qualifications
Active career involved in daily challenges of managing permitting processes, technical and
supervisory work. Highly motivated and organized.
Engaged in on-site inspections to ensure proper placement and construction within ordinances, land
development regulations and engineering specifications.
Created relationships within the planning and zoning community, policy makers, and permitting
personnel. Organized comprehensive permitting standards for processing.
Active history on numerous Boards involved with zoning issues, which includes:
Site Plan & Aesthetic Review (a Planning & Zoning Board for the City of Delray Beach)
Commissioner for the City of Delray Beach, Community Redevelopment Agency
Commissioner for the West Atlantic Avenue Redevelopment Coalition and
Member of Palm Beach County Central Advisory Board.
Work History
Present
SBA, Inc.
Zoning Manager
Research and summarize jurisdiction/tower ordinances. Preparation of site analysis for site
acquisition agents. Coordination of zoning specialists throughout Florida for the submittal of all
appropriate applications, drawings and required documentation. Representation at Public hearings
and other meetings. Representation as industry expert for governmental review and rewrite of LDR's
and ordinances. Client, business and property owner interaction for the smooth development of
tower sites.
1984-1999
Bright Image Inc., Delray Beach, FL
Praaident
Activities included business planning marketing and development of commercial signage. Supervised
the design, manufacturing (both in plant and out sourced). Installation of site signage and high
voltage marquees and pylons utilizing structural engineers. Integrally involved in the permitting
process which included attending Board reviews, producing submittal and conducting presentations.
1982-1984
Georgia-Pacific Corporation, Darien, CT
Territory Manager
Responsible for North Florida inclbding Panhandle and South Central Georgia in the Industrial Tissue
Division. Responsible for sales to the wholesale paper industry. Called on clients, routed and
scheduled railroad carloads and truckload shipments. Worked independently solving customers
concerns and increasing market share. High interaction with chemists and engineering personnel at
mills.
1980-1982
Southern Bell/A T& T, Jacksonville, FL
A~count Repremntativa
Representative for Yellow Pages publications. Territory included Pensacola to Jacksonville.
Coordinated advertising with business clients. Fast paced professional environment requiring tight
schedules and deadlines.
Education
University of Florida, Gainesville, FL
Bachelor of Science in business Administration
Palm Beach Junior College, West Palm Beach, FL
BOARD MI:MB£R APPLICATION
1993
Please type or print the following information:
1. Last Name::
~Jc~loin
Home Address:
2275 N S~rJ. ntooAve
3. Legal Residence
4. Principal Business Address:
:5. Home Phone:
561-276-5468
Name
City
City
City
Oelrayl~ach
State
State
State
Business Phone~61_274_6468 J Fax:
Middle Initial
Zip Code
Zip Code
Zip Code
6. What Board(s) are you interested in serving?
7. List all City Boards on which you are currently serving or have previously served: (Please include dates) ,See Attached
8. Educational qualifications:
9. List any related professional certifications and licenses which you hold:
10. Give your present, or most recent employer, and position: Self-employed
1 !. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
See At:tached
I hereby certi~ 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
SIGNATURE ~ MAY 0 8 2001 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.
S~CITYCLF..RK~O~PLIC ATION
APPLICATION FOR CRA BOARD MEMBER
Richard McOloin
#7
Pineapple Grove Main S~reet
Board of Direaors Oct. 19~6 throu~ Sept. 19~9
Chairman of Artwalk Committee - Oa. 1999 to l~resent
Downtown Merchants nnd Business Association
Board ofDirecmrs - Jan 19c~ to Present
1996 Ct~ of Ddrry Comprebem~e Ptsn Review
Commktee for Parks end open spaces
Seacrest Homeowners Association
Board ofDirectors - June 1992 thrm~Ame 1997 and
April 2000 to Present
Southridfe Homeowners Association
Board of Directors - ]anua~ 1997 through lanua~ 1998
Msyor's Totkforc~ for oolatJom for the
#11
My 30 year business care~ includes: Electrical Engineering, Division VI) for C,~y~ Corporation and a
successful small business owner. This variety of positions has given me excellent experience in
interfacing, ~upervising and creating a consensus with a broad range of people.
My term on the Board of Directors for Pineapple Grove Main Street was as Busix~____~ Coordinator. I
worked with the Prosram Manager (Tom Fleming & Lou Waldmann) and the other board members to run
this orsanization in a business like manner. This position required personal interface with the business and
property owners within this district and many presentations to the City Commission and CRA board.
In January 1999 the Downtown Merchants and Business Association was ~ with many new
board members added. I was invited to sit on this board due to my Familiarity with the business issues in
Defray both fiom a Pineapple Grove viewpoint and as a property owner on East Atlantic. My term has just
been extended to January 2002.
In 1~95 1 was a member to a conunittee to review and susgest changes to the city comprehensive plan.
John Johnson was the city staff member who chaired this committee.
In 1992 1 worked with Ms. Deborah Dowd to establish the Seacn'est Homeowners Asoochtion, a voluntary
membership neighborhood association. I have been actively involved in the "neighborhood plan" since it
was first conceived is a joint meeting with the city manager, the planning and zoning director and several
Seacren board members.. I have recently rejoined the Board of Directors.
As a property owner in the Woods of Southridse I joined their Board of Ditto:ton at the time when it was
imperative for the stability oftlm neighborhood to show properly improvements. Part of that project was
working with the city on the plan to chenge the streets fiom privrte to city owned and add the
improvements necessary to promote this area as a strong viable neighborhood.
After requests fiom the Seacrest Homeowners Association, Mayor ~lay Alperin formed atask force that
included city, county, Atlantic High and neighborhood members to search for · solution to the blighted
property to the west of'Atlantic High School. This task force formulated the "field house / gymnasium"
concept and lobbied to make it become a reality. I made many presentations to the city commission,
Gounty commission and school board on behaff'ofthis project.
It is this combination of bosiness and civic experience which make me well qualified to be · contributing
member of the Defray Beach CPA Board of Directors.
· ,, ""~,.-~,,d.C,.~ CITY OF DELRAY BEACH
' BOARD MEMBER APPLICATION
1993
2001
Please type or print the following information:
1. Last Name:
ma ~'~ ltcr/
Home Address:
5. Legal Residence:
4. Principal Business Address:
5. Home Phone: Business Phone:
6. Are you a remstered voter?
City
City
City
State
State
Zip Code
Zip Code
State Zip Code
E-Mail Address: I Cell Phoff_e: [ Fax:
t~t~,Lf so, w_here _arf yo3~ registe_red? ~, ~, ,,
What Board(s) are you interested m serving? Please list in order of preference:
List '11C'tyB°afds °n ~'~Y~/a;2 currently serving or haveprevi~°usly se~'ed: (Ple'aseinclude dates)/7/tO)~/C ~"~f~' ~"0 ::~- ~t~ / ~);~.ee"/'J~_~
Educational oualifications:
10. List any related professional certifications and licenses_which you hold: ,- /
ca~',q~'/~./~,v PRo P£/C
11. Give your present, or ~ost recent emplo er, and posifiofi.. _
12. Des~be~xp~hences, s~s or ~edge w~ch qu~ you to seine on ~s bo~d: ~lease amch a bfiefresme)
I hereby certify that all the above statements are tru~][~4 I~cllii~[~rstand that any misstatement or material facts
con~i~l, in u(fis ~pplic~ay~e forfeature upon my part of any appointment I may receive.
~'" ' CITY CLERK ~,~ -'
Note: This apphcation 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.
SXCITYCLERKXBO ARDkAPPLIC ATION
OtRI.gI'iNA MORRISON, CPM
BACKGROUND DATA
Christina Morrison is a Certified Property Manager (CPM) and a Licensed Florida Real
Estate Broker. She has been active in the real estate industry for over 20 years; her '
areas of expertise include acquisitions, development, property management, sales and
leasing management, training, and all phases of real estate marketing.
For the past several years, Chris has been the Director of Property Management for the
Southern Division of the Pennsylvania Real Estate Investment Trust (PREFO, a
publicly-traded company based in Philadelphia, Pennsylvania. Her duties included
the supervision of apartment portfolios ranging from 2300 units to 3100 units in several
states, the successful re-development of three apartment properties, and the authoring
of the company's Policies and Procedures Manual and various training seminars on
Leasing, Fair Housing, Safety, and assorted other topics.
Prior to joining PREIT, Chris was National Marketing and Training Director for
Regency Windsor Companies, an apartment development and management firm based
in Vero Beach, Florida. Chris' responsibilities with Regency Windsor included the
analysis, development, and coordination of marketing activities for all properties
managed by Regency Windsor, encompassing over 12,000 apartment homes in eight
states, and the development and implementation of various training programs for all
Managers and Leasing Consultants.
From 1991 until 1994, Chris was Director of Property Management for First
Montgomery Properties of King of Prussia, Pennsylvania, overseeing the management
and leasing of over 3,900 apartment and condominium units in four states.
&
Chris is a graduate of Penn State University and is a Past Director and President of The
Institute of Real Estate Management, Delaware Valley Chapter. She is currently
President-Elect of the IREM - West Palm Beach Chapter. Chris is also a national
instructor for the Institute of Real Estate Management, based in Chicago, Illinois, and
trains Property Managers and Leasing Consultants throughout the country.
2~4 FLORIDA BLVD.
DELRAY BEACH, I~f)RIDA 83483
561 ~72.6~88
D~LRXY BEACH
'JillJ CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Pleas~ irdom~on:
2,
~ P~dpfl B~ess A~ess: -- ~ S~e ~p
5. Home ~hone: ' B~e~ Phone: E-M~ ~ess: ~ Phone: F~:
6. ~ Bo~d(~) ~e y~ ~ed ~
~. ~ ~X ~]~M p~{es~op~ c~fio~ ~ ~c~es whi& ~u hqld:
10. Giv~o~ pr~en~or mo= feint ~ployer, ~d
11. De~ ~enms, ~ls or ~ledge w~ ~~ m se~ on
APR I 8 2001
Note:
Th/s application will remain on me in.~¥.~Dr.~e~'b~Q, fzfice for a [ma-/od of 2 Years from the &e ~twas
submin~ It will be the applicant's r~lklnlib~/'~/ihre that a current application is o~n falec~o^~,~..,.,c^.,o'
Jamea M. O'Brlen
1920 South Ocean Boulevard Unit # A
Delmy Beach, Florida, 33483
To utilize my experience in a rewarding Executive/Managerial position in
the field of Commercial Real Estate Management, Leasing and/or
Marketing.
Paloflll:
Real Estate Broker, Massachusetts
Real Estate Salesperson, Flodda
BO.MA. Past President, South Florida Chapter
Residence Telephone #: (561) 276-3700
Cellular Telephone #: (561) 441-1774
Educ~ion:
Milton Academy, Milton, Massachusetts
Trinity College, Hartford, Connecticut
BA History
Skills:
8umrlmry:
· Over thirty (30) years of hands-on experience in Property
Management, Leasing, Marketing and Tenant Improvement
Construction Coordination in the Northeast and Flodda markets.
· Primary 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 well as directly employed managers and leasing
agents.
· The development and implementation of asset redevelopment and
enhancement programs.
· The development and implementation of investment plans end the
on-going management of investment and operating budgets.
Profmional Experience:
l~.Preaent
M.O.R, Property Management
Executive Vice- Pre~ident
Delray Beach, Florida 33483
BeachPlece, General Manager
Fort Lauderdale, F!orlda
Responsibilities included the overall day-to-day management of a
100,000 square foot Entertainment Center with an attached 800 car
Parking Facility and a 400 room Marriofl Vacation Club International.
Primary functions included the fostering of i;~-ong Tenant relations as
well as the retention of desirable Tenants compatible with the
Entertainment Center concept. Additional responsibilities extended to the
production of maximum net revenues, cost co~-~-oi and analysis of the
operating statements to enhance ways to improve on revenues and
control of costs. Oversee the internal aocounting, marketing, security,
janitorial and general maintenance of the Center.
1~-1998
Codina Real E~tate Management, Inc., Vlce-Pr~ident
Coral Gablea, Florida
Re~=nsibilitles included the management of an existing portfolio of
Commercial Real Estate properties, Investment Sales; Syndication of
New Partnerships and coordinating the formation of new Joint Venture
projects for the Codina Group and its affiliates.
PFK Real~y Service., Inc., I'/rmer
Fort I.~uderdMe, Florida
Director of Management, Leasing and Marketing for PFK Realty
Services, Inc. (Please see attached Curriculum Vitae). Additional
responsibilities also extended to Management of Tenant Improvement
Construction for the Company.
1980-1985
American Tectonlc~ ~ Vice.Pr~ident
Boca Raton, Florida
Director of Management, Leasing and Marketing services.
Responsibilities included the management, leasing and marketing
activities for a 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, as well as the oversight
of all Tenant Improvement Construction projects.
Johnstown American Companlea I Con~olidated Capital
Vice-Pr~idant
Atlanta, ~ia
Director of Management, Leasing and Marketing end Tenant
Improvement Construction, Boston, Massachusetts regional office.
Responsibilities included over 1,000,000 square feet of Office I Retail
space located in Massachusetts, Tennessee, Connecticut, Michigan and
Georgia.
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name:: Name Middle Initial
Pot.ts, Jr. Willie
2. Home Address: City State Zip Code
634 An~;ler Drive Delray Beach FL ~445
3. Legal Residence City State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone: ~274-9087 Business Ph°n%74-9087~ I leax:
I
6. What Board(s) are you interested in servi,n,g? _ __
7._ Lis~ all City Boards on which you are cu~ently se~ing or have previ~sT~se~ed: (Please inEl~de dates)
' I
8. Educational qualifications:
9. List any related professional ceaifications and licenses which you ~91d: ·.
10. Give your present, or most recent employer, and position:
Ports La~ ~intenance
1 l. Describe experiences, skills or knowledge which qualify you to se~e on this board: (Please a~ach a brief resume)
I hereby ce~i~ that all the above statements are true, and I agree and unde~tand~hat any
misstatement of material ~acts contained in this application may cause fo~eiture upon my pa~
of an],.appointm~qt I may receive.
SIGNATU~ DA~
01TY
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.
S\Cl TY CLE R~ ~I~0 ~RD ~APPL ICA TI O~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please type or print the following information:
~dle~y Crnarles
2. Home Ad'ess: ~ ~elray S~te ~ C~e
137 S~ 12th ~venue Beach ~ 33~4~
3. ~ Resid~ce: Ci~ S~te ~ C~e
~ as ~bov~
4. V~ S~es, Ad.ess: Ci,'Delray S~te ~e
141 S~ 12th Avenue Beach
5. Home ~hofie: Bus, ess Phone: E-~ Ad&ess: cea Phone~ F~:
561-276-4223 561-276-6755x205 cr~dley~thevtllagea 561-276-3700 561-279-7606
caoemy, com
6. Ate you a re~stered voter? ' Yes If so, where ~e you re~st~red? Delray Beach
7. ~at Board(s) ~e you ~te~sted m se~g? Please ~st m order ofpref~ence: C~unfty
Delray Beach Rousing, Code Enforcement
"8. ~st ~ C~q- Bo~ds on ~hich you are ~enfly s~'mg or have pr~ousl)' se~ed: &lease mdu& &tes)
"9. Educational qu~ficafions: College Education - Florida A~g University
10. ~t any related professionfl cemficafions ~d ~censes w~ch you hold:
11. Give your presen~ or most recent employer, md posi~on: Village Fouadatlon (fo~erly ~ D~S)
Position - C.g.O.
Actively involved in the redevelo~ent process of the ~est Atlantic corridor for over'
Developed over 27 neighborhood association in the ~orth ~ Sout~est section of Delray
con~d~~~se forfd~e upon my pm of my ,p~ ~mtI~y ~dve.
Note: This .pplication ~ remain on file ill the City Clerk's Office for a period of 2~ yea m(! .-4 EtDs
submitted. It will be the applicant's responsibility to ensure that a current application is on file..
13'f SW 12th Avenue, nelray Beach, lqerMa 33444; (SI} 27~.122~;
e, rtdley Wthvq, iilaleaeademy.emm
· pr~eat: Co-goumder amd CEO, ~ DADS ~ Greeter Delray Beads (!qoridn)
~on ~gainst ]~hMtruction _Defending Agninnt.Lkuss and L~einl Disorder is a national
:mcra~l~rt~ movement of local autonomous orsani?_nfions that aims to help youth of all
unds. particularly tho~e from clinndvantalled eireumelances, develop the qualitim
needed to become re.qponsihlc citizens end to pmtex:4 and maintain & safe onvironamnt for
Initlnted founding of MAD DADS in 1991 by combatin8 myriad of prohle~ that preci~
signifienm demise of'nn inn~r..eity, di~e~hised, minority n~iBhbodmod in I~lmy
Floridn. inspired rmldonts to ovoroomo oomplw,~'~y and join forcca to abolish open dru~
abuse and crime. Early success can~l h.mctlimg partici~ation of City cd' Delrny Bengh,
r~sultln8 in onBoin~ partnership. In I ~2, received f~et Conm~uflity .De. velopment Block
Grant in collaboration with City of Defray Beach, facilitating the establishment ot'
I)Ar)S ot'Orester neimy R~h ss a nonprofit orsnnization.
1993-ptc~nt Built staff mid diversil'm(! fundin~ base to support ongoin8 expansion of three
mahl pmsrnmmln8 eompononte:
Neighborhood Stabilization - With City of f)elray Dcach. imtitulzxl gila pmgr',u, that
inciutk~ lxdicing e~n'ls, I~me. mhnhilirnti~n for qtmlors, unity events, smd ~ forrnntion of
_nei~bo~ood associations, now numbering 27. Asoo~intions unite 5 ethnic Stoups. scrvin~
2,500 households (~,000 residents). Utilizcs associ'dtiol~ as '-, lbrum to: enhance citizens'
capacity to resolve concerns: fearn govcrrunee, advocacy end comensus buildifltl; 0fid how to
identlt~y and acceu resources.
Youth Dovdopment - formed Parent Advi.o~ Commi~e, to f~iliiM~ the design ~d
implr, n~n~fion of programs aimed at climlnatin~ so;id ills thre_~t_~uin8 y.uuth while Womoting
e~clal, ~.n,.~ionnl, and physical well beln8. Eleven, yeah-round pmgra~ tn the areas o~
aendemics, artn and recreation nerve 4~ youth (ng~s 4-1~)
Famil3~ Strensthenln8 - Created a bridse between familief and ~eho~.l$1~ invre,~v a~ldemic
_perfommnee. Joined forces with Childrcn's C. nsc Manage. meat Or~amzatiou to q;pe,~t~ Proj~-t
C~mtcct Collalx. ative, Irdsed on n family ~lf-~ufficieney rondel thaz rnaximi~ ~rvie~
delivery ~o familie~ ia nm~d. Now s~'v. 200 t~milies ~00 adults nnd
Ypetn8 l~Jtl. Initiated nnd dlwetad a nine-mouth community plnnning pr~c. m ~t~l
on ~lr~zkin~ the Cycle of Poverty of Ozildr~n' tlmt yielded a comp~l~nstve, five-y~ar
vision focused on ¢itizc, mid .eil~hbodmml empow~rment. Formed n 60-member Resident
o~1Te.m'n to mnifltnin |ntesrit~ of th~ r~id~nt-d~iven Woo?ss..q.olieitad b~oad purti~ipIgiori.
s~gos smd etlmic $~oups as wc[I as crier stake ho[dens, inc, ludln; Sraes~ bed~r~ Im~dn;
nmi pttvfttc rcpre.sen~ives.
December l~J~ - P-,~~ to q.~,uunutdtyqs insisten~ that immaliato action be token to
i critically Iow academic performance of youth by estnblishinl~ a"V illagc Acadcmy
r'J44~. I.'14'Uel' I,;~.Lh %'%"4 /H~ : 'UN -NEd ':],Il NI:HI IKI~I H IIII1~ 441 | mu-t4
T~ak For0c," Lod fon~ihillty study that precipitated, within 5 .v~tths, npproval ny ~hool
Board of Ptdm I:~eanh ~valnly n~ (:renl~ at d~myulalxxl, public ¢le, mon~
August ZO00 - Z0Oh O .[~.~ Viliase Ac. adc,ny to grades K-2 with n ealnei~ to
Kconmmd~ .~0 gtudents tn K-S, wi~h nne grad~ added ~ch y~u'. To, ethel', tire Villagc
Aendemy and Village C4~nter embody the Heacon School concept, unil~ng edt~ntion with
health, mental health, ',md humaJl bcrvices to si~port families and community mcmbcm.
Lovemgod $10 million in private and public I~-'~m'ees to support Village Aendemy/Cmter.
C~lcbratcd siBnifimnt ac. ad~mi¢ achievmnr, nt wi~in f, st year:, or' ! 00% or' kindergnrten
etudenu perfonnin$ below ~mde level upon ~mittnn~., R~ (xmptelt~l Um first year mr or
alxwe Sn~ lovol.
Panioiix~nB as eo.faeilim.? ?nd planner in mlgoins stratesic planning activities t~lizlng
Study Cirok m~tmd~, In~atm8 ncxt phase of ~,mmunity plnnnin8 effo~, schedui~ for
~CXZ. ti:mt will focus on: sumninip8 edlt~titm,~l mK~a.q; mn,nit dtwelol~ncnt: housin~
development; and crentinl~ pmslmms to address crinlinai justice issue~.
Sut~ta~ Abusc I.*a~ihl~ot, N~osml Recovery C~nter, I~P.}I-!r3; I.,;xec'u.tive I}ireetor, Ridley
Child Care C~nter, 1~"/-~}0; Music Teacher, School District of Palm B~ach County.
ge~ioo nwarde from Palm Besteh (.~ount~ l.[end ~; PRC Aw~n~q A~n~t
~Ymr ~t~ Y~ Pmg~. ~i~t Allison b~flows~p Aw~ f~ the
f~~ f~ ~m Beth nnd M~n Co~; TI~ F~m N~I Hu~km L~y
A~io Ac~~nt Awn~; Unsun~ Hem Aw~ (~r~m T~chem A~s~on of ~;
N~io~ C~nf~ for C~u~ a~ J~fi~ S~ver M~; Kon FJlin~wo~
~i~ Aw~, ~lmy ~h ~~r ~ C~~e.
2001 - Columbia Univorsity School of Business, Institute for Not.fot-Pndlt Management.
l~xceutlve Levul Pro, ram.
t~O - Florid~ A & M University, Tnllahnssee. Florida, B.A. Music F. duc~on
~1~1 ki4.~.:~ ~44K. ~14 'Ut'l' 14K. Lh %'%'q /14~ : 'UN '4~11-1r4 ':]NI .~l:}=fl IH:I~t H IIIM'Jrl -I.II : IIL~.I
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
2001
Please tTpe or print the followin~ information:
1. Last Name:
Rosen
2. Home Address:
817 NW Second Avenue
SLrne
3. Legal Residence:
4. Principal Business Address:
1515 N. Federal Hwy. Suite
5. Home Phone: I Business Phone:
330-0099 [ 266-9669
6. Are you a registered voter?
300
City
Delray
City
City
Boca
Gary
Beach
Raton
State
Fr.
State
State
E-Mail Address: /Cell Phone:
I garyrosen@att.ne~ 251 -1 065
M. I.
Zip Code
33444
Zap Code
Zap Code
33432
If so, where are you registered?
Delray Beach.. FL
\Vhat Board(s) are you interested m sen'~nl~.: Please hst m order of preference'
Planning & Zoning, Board ~f Adjustment, 'Comm. Redevelopment,
266-9166
Housing Autk
8. hsta~Cm Boardsonwh~chvouarecurrenflysen'lngorhaveprev:ouslysen-ed:~leasemcludedates)
City of Boca Raton Zoning Board Of Adjustment - 10 Years
9. Educauonalquahficauons'
State University of NY - AA Ohio State University
10. hstanvrelatedpro~ssionalcemficauonsandhcenseswMchvouhold:
Florida Real Estate & Mortgage Broker Licens
11. Givevom ~esent, or mostrecentemployer, andposition:
TayIor ~arketing Group - President
12. ~escfi~e expefien~s, s -lcfils or ~owle~e ~¥ch 8u~ yo%to_s3n.~ on mis board~ ~lea~ attach a brief resum~
Ten xears or service as a nemoer ano cnaxrman of tne ~oca Raton
Zoning Board of Adjustment, Real Estate Developer, Consultant,
Builder.
! hereby certi~-~ ~ a~ove statements are true, and ] agree and understand that an)' misstatement of material facts
contained ~1~'~ ~ay cause forfeiture upon my pan of an}' appointment Ir r ny receive.
~ ~ Nov. 12, 2001
$1GNATL'RE l ~ , ~ ....
Note: TI'us apphct'd~,n will reramn on file in the City Clerks Office for a period of 2 ye~l~lf~ ~ ,~ Dvas
subrmtted. It b-ill be the apphcant's responsibility to ensure that a current apphcau- 'o-fi l~ on '
CITY CLERK
HALL · 201 WEST PALl;A,.-~] O PARK ROAD · BOC~A IRATON. FLORIDA 33432-3795 · PHONE: (561) 393.-7700
(FOR HEARING IMPAIRED) TOD: (561) 367-7046
SUNOON'I: (591) 922-7700
August 20, 2001
Mr. Gary Rosen
1027 Pepper Ridge Terrace
Boca Raton FL 33486
Dear Mr. Rosen:
We want to thank you very much for your service as a member of the Zoning Board of
Adjustment over the past ten years. Because of your dedication, Boca Raton is a better
place for all of us.
In recognition of your service, please find enclosed our Certificate of Appreciation.
We wish you success in your future endeavors,
Leifl. Ahnell, C.P.A.,C.G.F.O.
City Manager
Il-I/jr
enclosure
GARY ROSEN
1027
'peddle
.rrace
Boca Raton
FL 33486
November 12, 2001
Ms. Karen $cheH
City Of Delray Beach
100 NW 1 ~ Avenue
Delray Beach, Florida 33444
Re: Advisory Boards & Committees
I have recently moved to Delray Beach having been a resident of Boca Raton
for the past fit~een years.
While residing in Boca Raton I served as a Member and Chairman of the
Zoning Board of Adjustment for a period often years.
I now have an interest in serving as a member of an Advisory Board or
Committee for the City Of Delray Beach.
Since 19791 have acquired and developed real estate in South Florida,
acted as a consuttanl for various national and regional development firms,
and have served as President of the Florida Atlantic Builders Association
representing more than one thousand builder and associate members.
My preference would be a position with Planning & Zoning, Board of
Adjustment, Community Redevelopment Agency or Housing Authority.
] can be reached by mail at 817 NW 2nd Avenue, Delray Beach 33444,
telephone at 251-1065 or via fax at 266-9166.
Your consideration on my behalf is appreciated.
,,,,,r'""
BOARD MEMBER APPUCATION
199;J
Pl~e ~ or prlr~',he fdlowiz~
g2b~ ].t ~ be Lbe appHczm's responsibilityto ensure rlu~ a aurr,-m
· p~ ,n ~s on Rle.
JEFFREY $ILBERSTEIN, PRINCIPAL
EDUCATION:
Pratt Institute and Clark University, Architectural Degree
Harvard University Graduate School of Design, June, 1989
Harvard University Graduate School of Design, July, 1996
CERTIFICATION:
Registered Architect: Flor/da
EXPERIENCE:
Silberstein Architects was founded in 1990. We are a small firm with a reputation for
innovative design and delivering projects within budget and on schedule. This is evident
as we continue to work with repeat clients and referrals generated by our reputation. Our
success evolves as we assist clients in defining project goals well before suggesting
solutions, a process that creates a full understanding of objectives before U-ansformation
into reality.
As principal of the firm, Jeffrey Silberstein is widely recognized for his design
achievements. Whether a large institutional complex or a small interior renovation, Mr.
Silberstein's designs are rich. and simple. Jeffrey Silberstein's commitment to quality and
his patience in achieving the best possible designs are evident in the many awards he has
· won. His solutions, which seem obvious and simple, are the result of diligent effort.
Mr. Si]berstein has practiced architecture, both nationally and internationally for over 20
years with a list of prominent architectural finns and projects to his credit. He has been
associated with many 'building types, including educational facilities, office buildings,
interior office and residential renovations, museums, art galleries, religious facilities,
residences, mixed - use developments and commercial projects. The American Institute of
Architects has singled several of these commissions out for special honors.
Mr. Silberstein has served as, a guest writer for the Hartford Architectural Conservancy
and The Palm Beach Post, n critic member of the Works of An Committee of the Boca
Raton Museum of Art, a member of Junior Achievement and on the Boca Paton
Community Redevelopment Agency Task Force on The Grace Commission.
lIST OF PROJECTS:
~IOOLS:
l~m Proton Community High School, Science Addition *nd Mm~ Phm, Boea Proton,
Fl. AI~ Award fur excellence in l~igu
Florida Atlantic Universlt),, College of Education, Boca Pdton, Fl.
Hunt Elementary School, Coral Springs, FI.
Harid Conservatory, Boca Patton, FI.
Temple Israel Early Childhood, West Palm Beach, FI.
Ail - Star Academy & Sports Camp, Delray Beach, Fl.
Temple Bet Emet Early Childhood and Grades 1,2 &3, Cooper City, Fl.
MUSEUMS:
Museum of Modern Art, Seoul, South Korea. ALA Award for Excellence in Design.
The Gallery Center, Boca Raton, Fl.
Morikami Museum, Delray Beach, FI.
SPECIALTY PROJECTS:
West Regional Courthouse, Plantation, Fl.
B'nai Torah Congregation, Boca Raton, Fl.
Temple IsrHI, We~t Palm Beach, Fl.
Boea Raton Mausoleum, Boca R~ton, Fl.
Temple Bet Erect, Cooper City, Fl. ( Curr~nt )
Temple Israel, West Palm Beach, Fl. (Curr~nt)
LIST OF PROJECTS:
OFFICE BUILDINGS:
Bank of Nova Scotia, Curacao, Netherlands Antilles
Presidential Circle, Hollywood, Fl. Winner of many design swards.
Trammel Crow Corporate Headquarters, Boca Raton, Fl.
WJMK Studios, Boca Raton, Fl. AIA Award for Excellence in Design.
NCNB Bank, Boca Baton, Fl.
Over S00,000.00 square of office space planning for Henderson Mental Health Center,
WR Grace, Trammel Crow, Garnpel Organization, Panther Realty, and other corporate
clients.
Spectrum Office Park: Two Phnqe 45,000 s.fOffice Building, Ft Lauderdale, Fl.
Sfrs Inc., Delray Beach, Fl.
Silberstein Architects, Delray Beach, Fl. AIA Award for Excellence in Design, 2000.
' COMMERCIAL/RETAIL PROJECTS:
Hertz Service and Rental Facility, Windsor Locks, Connecticut. ALS, Award
Boca Valley Shopping Center, Boca Raton, FI.
Key West Espresso & lee Cream, Key West, Fl.
Littman Jewelers, Bonaire, Netherlands Antilles.
Lfttman's At The Plaza, Bonaire, Netherlands Antilles
l, ittman's, Bonaire, Netherlands Antilles
Peppercorn's Cafe, Key West, Fl.
LIST OF PROJECTS:
HOTELS & RESORTS:
Paradise Village Tulip Hotel, Curacao, Netherlands Antilles
The Hamlet Resort, Bonaire, Netherlands Antilles
Avila Beach Resort, Curacao, Netherlands Antilles
MIXED USE PROJECTS:
Union Station, Hartford, Connecticut
Pineapple Place, Delray Beach, FI.
One Young Circle Condominium Tower, Hollywood Beach, Fl.
Sirs Office and Retail Complex, Delray Beach, Fl.
INTERIOR ARCHITECTURE:
Becket Residence, Boca Raton, FI. A. LA. Award 1999
Foght Residence, Bonaire Netherlands Antilles. A. LA Award 1997
Agardy Residence, Boca Raton, FI.
Katzev Residence, Bonaire, Netherlands Antilles
Green Residence, Boca Raton, Florida
Simon & Simon L~w Off'wes, Delray Beach, Florida
WJMK Studios, Boca Raton, FI. AIA Award for Ezcelleuea in D~lgn.
LIST OF PROJECTS:
RESIDENTIAL:
National Custom Homes: Custom Homes
Wycliff Country Club: Custom Homes
Governor's Walk, Delray Beach, FI. ( Current )
NeaPs Market, Detray Beach, Fl. ( Current )
Cl~rk Residence, Les Jardins, Boca Raton, Fl.
Hakkenberg Residence, Bonaire, Netherlands Antilles Featured in Caribbe~n World
Magazine
Foght Residence I, Bonaire, Netherlands Antilles AIA Award of Honor For Design
Foght Residence Il, Chicago, Illinois ( C~Tcnt )
Richman Residence, Dclra~ Beach, Florida
' Littman Residence, Bonairc, Nethcrlaflds Antilles
Katzev Residence, Bonaire, Noth~lands Antilles
Gardenia Place Townhouse CommunitY, Laudcrdale By The Sca, Fi.
One Young Circle Condominium Tower, Hollywood Beach, Fl.
Andrews Residence, Ocean P~idge, Florida
Andrew's Residence il, Ocean gidge, Florida ( curr~t )
Tieictin Residence, Ft. Ljnderdale, Fl. (current)
Schlicht Residence, BOC~ l~uton, Fl. (current)
LIST OF RESIDENTIAL PROJECTS CONTINUED RESIDENTIAL:
Laesiter Residence, Bonaire, Netherlands Antilles
Botman Residence, Bonaire, Netherlands Antilles
Epstein Residence, Weston, Florida
Green Residence, Boca Raton, Florida
Pineapple Place, Delray Beach, Florida
$chmier Residence, Delray Beach, Florida (current)
Caribbean Blue Condominiums, Bonaire, Netherlands Antilles ( Current )
CITY Y BEACH DEC 2 0 2001
OF DeLM
BOARD MEMBER APPLICATIOI~ 0ITY
1")~" ~: *~~ .. !7 ...... !.~.t~!-~~
! i I '
BOARD MEMBER APPLICATION
1993
l~kase ~ or print Ire followi~ ilaforllufion:
~, Hor~ Address: ' City, ' Sta~ Zip
21. Legal Keddenc~: C. ity State Zip Code
4. Prlndpal B~in~ss Address: City, State Zip Code
5. Home Phone: [ Business Phone; Ii-Mail: ' [ Fa.x:
~. "h~ ~y rd,rM professio~ul ~don~ ~d ~mses w~ you h~:
10. Give yo~ prese'~t, or most ~mt ~1~, and po~on~
11. De~b, ~fiences.~, ~ ~o~dg$ ~ q~ you t~ ~e~'e on ~s bo~& ~1~ am~ a brief
Note: This application will remain on file in the Cky Clerk's Of:rice for a period of 2 years from ~ date it was
mbmitted. It will be the applican~~Jb~r~l~n.m~ that a currem application is on file.
FEB 2 3 2001
CITY CLERK
R. Michael Simon Jr.
314 Northwest 16th Street, Delray helL, Florida 33444
Hm (S61) 279-0S06 Cell (S61) S73-898S
EDUCATION
Stmon Uaiv~r~ity- Dehnd, FL
Bachelor ofAm - 1987
Maior- Sociology
[ PROI~SSIONAL EXPFA~nzNc~
TaurteBo & Company Real Eatate, Deiray Beach, FL July 2000 - Present
lteattor Sales, marketing and representation of residential and commercial properties in the Delray Beach,
C, ulfs~ Ocean Ridge, Manalap~ Boynton Beach and Boca Raton areas ranging in value f~m $29,000,000 -
$$0,000. Responsible for pricing,, market analysis, advertising and sales of property for Sellln~ clients as well as
JC DeNiro Interutioml 1hairy, Delray Beach, FL July 1999 - ~uly 200o
Gu~ Ocean Ridge, ~ Boynton Beach and Boca Raton areas ranging in value from $29,000,000 -
50,000. Responsible for pricing, market analysis, advising and sales of property for Selling clients as well as
Buyer representation during pu~
hvmtmeM Equity Comtnmfloa, Manalapan FL July 1999 - February 2000
Marl~etlng Director Responsible for creation and implementation of all mark,Xing materials and s~les ofover 60
million dollars in propertie~ for oce~zfront Developer Frank McKinney and $C DeNim International Real Estate.
Duties included production of the company's web-site and all printed advertising, as wcll as acting as Realtor and
representative for ali available properties
City of Delray Beae. h, Delray Beach, FL October 1998 - July 1999
Affordable HomlngA~or Administration of all Federal, State and City homeowner purchase
assistance programs. Respomibilities included program implementation, budget, performance, compliance and
annual reporting. Management of contracts and agreements associated ~ the City's housing programs. Coordinate
partnerships with local governments, lending institutions, non-profit agencies and Realtors. Attend community and
advisory board meetings necessary to carry out activities.
City of Deiray Beaelt, Delray Beach, FL October 1996 - September 1998
Acttng CommunityDodopmen(.Coordlnator Served as Division Head responsible for management,
compliance, planning, budgeting, implementation and r~porting for all Federal, State and City grant programs.
Achnlni.~'ation of grants focusing on homebuyer purchase, housing rehabilitation, int~m~'ucP, u~community projects
and social service organization grant monitoring. Fost~ed partnership relations with lending institutions, non-profit
agencies, Realtors and title companies within pcfimetcr~ of program goals. Attended community nnd board meet~n~
necessary to can~y out activities.
Program 5pec/a//st Respons~le for the overall implementation, eligibility and zn~nag~m~t of the State-funded
SI-l~ Program along with mi~ng in tl~ planning, coordination and marketing of all other housing program activity
and annual reporting requirements. Attended oommunity and board meetings nen:~mafy to carry out activities.
Doum Contrneturs, Ine., Delray Beach, FL October 1992 - May 1995
g. wctttiveAssistant/ProJect $~ Assisted in ~ Estat~ acquisition, development and expediting
for commercial and residential general contracting firm. Administration of business/personal domestic and
international financial accounts. Project Supervisor of local tz~ail/off~ce center and Residential ~on Field
Assistant.
IION lO'.5,e FAZ Sli 243 ~'1'74 CITY
CITY OF DELRAY BEACH
BOARO MEMBER APPLICATION
1~93
IF.-l~hil Addzes~: ~ Cell Phone.
· con I ,
Jsm!
t;l@AOI.
If'so. ~l~re 11~ )ou t_c~l~t~rcd~
Beach County, FL _/_P.~ecJ. nct
C~m~.un~ cy . l~edevel~t~me,n~ A~¢ncy ~C.It.A. ~
1
I?I-C
,'.5
X~T C-,d<- I
npeyraZk Advis.~ry eoird (1997), Code Kn~orcemen~ l~o&rd (2001)
[._ 1~.$.-~i£~e~z 1~;$. & Ed.D.. .......
Retired Sr. flf~h Prlnc/pel (Palm Beach County School D~tric~) i
1
;... Analytical & O~gt~t.zltio~I Sktl[I. Lo~!c Utilization Ski~ls & Co.on Se~e .... ~
Good 3ud&emeu~ Sk/ll~. . ~
I
.,
~ otc. ~ ~pb~on ~ ~ ~ ~e m ~ ~' C~k'$ ~ ~ n ~c~ of 2 y~ ~c,m ~ d=tc ~ ....
BEC 18 2gOl
GITY GLERK
EDUCATION
WORK
EXPERIENCE
e/30/94 to
pre~ent
198~1993
1978-1985
IIP62-1879
YARIED
' RESPONSIBILrrlES
RESUME
JOSH SMITH, JR.
Residence
3~t6 Avenue DeGien
Delray Beach, FL 33445
(56t) 498-7220
ALLEN UNIVERSITY. Columbia, S.C.
B.S. in Chembtry, 8/82
Minors: Mathernatic~ and kionce
.~.ORIDA ATLANTIC UNIVERSITY, Boc~ Reran, FL
M. Ecl. bt Administration & Supervision, 8/76
Ed. S. in Adminiobltion & Supervision, 8/77
Ed. D. in Administration & Supervision, 3/8t
Retired Senior High School Prin~ipal
DISTRICT OFFICES, West him Bear. h, FL
principal on SI)eclal Assianment
Department of Curriculum and Instruction
Responsible for development of Implementation plan for
District-Wide 1993 Special Session/Summer School
Responsible for extensive researnh on Year-Round Schools
Assistant Prin~ipal (Palm Beach County School District)
Dean of Students (Palm Beach County School District)
Classroom Teacher (Palm Beach County School DIstrict)
Preparation of F.T,F. (School renter Funding)
Internal Acoounting
Scbod plant and Mitles
Supervision and Evaluation of ~ oentar personnel
Supervision of custodial and cafeterio staff8
Development of Marketing Plan and school newsletter
School a~tivitio$ and monthly event calendars
FURTHER
EDUCATION
FURTHER
EXPERIENOE
City College of New York [Chemistry]
New York, N.Y.
florida State University [Chemistry]
Tellahasoee, FL
Florida A&M University (Soienoe)
Tellihassee, FL
SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS
INVOLVEMENT (Serving on Aocreditation Committees)
1~g3
le84
t~80
1S7g
lg78
Southwest Miami High Sohool · Miami, FL
Miami Jackson High Sohool - Miami, FL
Westward High School - Fort Pierce, FL
Stone Middle Sohool · Melbourne, FL
Edgewood ,Junior High School - Merritt Island, FL
',, ,,,['''",,,,~ CITY OF DELRAY BEACH
BOARD MEMBER APPLICATIOH
~99~
Please type or print the following information:
Home Phc ne:
Home Address: '
Legal Residence
Print;pal Business Add~ ess:
5'~ / - g 32.
6. What Board(s} are )ou i,tteresred in serving?
CiLy f
Middle Initial
.5.
St~_L' Zip Code
State Zip Code
Cit~' State ZiP Co~{e
Business Phone: _~..
YSq q?l'
Parking _~, ,n~,gemeut ~dvisory Board - Cittzeu-at:Larg~
L i~t all CiD Boards on which you are etuvently serving or have{aseviousl), serv&l: (Please inclfide daYes~
g Educa6onal qualification.s:
9 ~;st ~'~i~6~,~Lional c'er~cations and llcense~which you hold:
lO. GJxe you, p~e,~em, or most recent employer, and position:
I l.~eic~ ibe exper:eme}, ~ki[l~ ~owl~tge which quail& you to se~e on ~is bo~d: (Please anach a brief resume}
,Ii
(~ hereb~ ce~ify that ail the aboVe statebehts are true, and I agree and bnaerstabd ~at any [
misstatement of matenal facts contai, may cause forfeiture upon my pa~
of ~~ointme~t I may receive.
SIGNATURE
]'4ate:
0CT O 5 2900
CITY CL,.ER
Tiffs application will remain on ill6 in t~ip_.Gty Clerk's office for a period of 2 years from the date it was
submitted It will be the applicant's responsibility to enmtre that a cun'ent application is on filet.
$:{'11','C L[~ k ,go~lt D APPL It ^WW,'J
DINAR S. STEPltENSON
4755 Tr~ F~ra Driv~
EDUCATION:
Dec., 1988
May 1981
I.~'IVERSITY OF MIAMI SCHOOL OF LAW, Miami, FL
Roc.~v~ Juris ~eO.D.)
UNIVERSITY OF ALABAMA. Tnsmloos~ AL
Pageiv~ Baehdor of Science(RS.) Degree
EMPLOYMENT:
lan ] 992 - Pres~t
1993 - Preseat
1900 - 1998
1983 - 1984
D. STEPHENSON CONSTRUCTION, ]~oe.a l~ton, FL
V~ce Prcshtent. ChIef Admtnlstrative Officer: Reapo~ibl~ for daily
mapervision of ali administrative flmc~ions oftl~ company, i~cludigg
contract administration.
Stephan.non Realty, I~c., Miad, FL
President, Chief Executive Officer: Respcaasibi¢ for aequisitiom,
cootd/na~ion of real ega~ tnanagement, con/tact negotiations, fmsib/lh3,
analysis, and daily a~gounting and supeofising of all corapany owned
commmcial property.
Stephenson Merchandising & Marketing, Iht-., Miami, FL
Vice Presideat. Responsible for supervis~ m~sing of pnxiucts
and ~in~ dady fim~ionz at Amooo Gaz Station.
Shutts & Bowen, Miami, FI,
Responsible for document preparation in word proc~sin~ division.
ORGANIZATIONS & ASSOCIATIONS:
THE FLORIDA BAR - MEMBER
FLORIDA REAL ESTATE LICENSE
BOARD MEMBER APPLICATION
1993
Please type or prirm the following infonnar, ion:
L ~-~ h,~;: $ y L v/~ NMe J e,,.,
)/ State Zip Code
3. Legal Residence: CitYT) State Zip Code
4. Principal Business Address: Cky State Zip Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
6 Are you a registered voter?/ x/~ ¢ //}//~ If so, where are you reglstered~ - .
7. WhatBoard(s)~areyouinte.r~rvin§? ~Fg~p~SIe~ ~_~,u~/~,~
8. ]..iu all C, E7 Boards o~ wl',.kb, you are curr~ sewing or have pre~o~¥' sewed: (Please iaclu~
¢. F. ducationa]
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and.position:
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
I hereby ~.rtify that all the above statements [illq_:zr~ ~4 ~und understand that any mis~atement of material facts
contain/~in this application may cause forfei~re--uFo~t~y'p~ o'b"f any appointment I may receive.
- .Ay 0 3 200
SI ~ATURE - /
~ ~ CITY CLERK DATE
Note:
This application will remain on file in the City Clerk's O~ce for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a currem application is on file.
S~CITYCLER. K~OARDg~PPLICATION
Jean Sylvia
1050 B North Dr.
Delray Beach, Florida 33445
( 561 ) 265-0799
Birth Date 11/8/40
Sex Female
Occupation Retired
Widow
Brief Background History
Big Chief Lewis Real Estate
Sunrise Highway
Massapequa, N.Y.
1966-1972
Position: Salesperson
By Lou Real Estate
4905 Sunrise Highway
Massapequa, N.Y.
1972-1979
Position: Owner/Broker
Treasury Hotel/Casino
Flamingo Rd.
Las Vegas, Nv.
Position: Dealer
1979-1982
Alladin Hotel/Casino
Las Vegas Blvd.
Las Vegas, Nv.
Position: Dealer
1982-1985
Riviera Hotel/Casino
Las Vegas, Nv.
Position: Floorperson
1985-1999
Secura Electric Contracting
Las Vegas, Nv.
Position: President
1986-1992
Secura General Contracting Secura Wholesale
Las Vegas, Nv. Las Vegas, Nv.
1985-1992 1985-1992
Position: President President
I took a leave from the casino ~n~us~r~ fo~ a few years to get
actively involved in the family construction businesses, we ~ both
residential and commercial business.
Memberships
1991-1979, Nassau County DemocratIc Club, District Lea~er: was actively
involved in local, state and national elec~ons
1968, founded, Massapequa against Drugs, a wal~-ln ~ruD ceuncelinG center.
1970-1979, Massapequa Chamber of Commerce
1966-1979, Long IslAND Board of Realtors
would be happy to supply more information if you need ~t.
BOARD MEMBER APPLICATION
1993
&oards on which ~u am curr~tly servmg or have previously served: (Please include dates)
8. Educational ~lua]ifications: ~
). Lisl any related professional cenificetions and licenses whi~ you hold:
10. Give your present, or most recent employer, and position:-/,-
i 1. Describe experiences, skills or knowledge which quali~ you 'to ,~¥e on ~ls board; ~i~ ~ch a b~ef~e)
I hereb~ ~ that ~11 [he above s~temen~ are true, and Z agree and unde~and ~at any
misstatement of m~r/a/ fa~ contained in this ap~//~on may ~u~ rupture upon my
CiTY CLERK ,,
Note: This ap~lication will rem.in on ~e in/he CiD' Clerk's Office fo! a period o~f2 yeats ~om the date it wu
submittal. It will be tho applicant's responsibility' m ~nsure that a current applioation is on file.
KEVIN P. WARNER
248 Venetian Drive
Delray Beach, FL 33483
tel 166-8810
ABTECH INDUSTRIES (Scottsdale, Arizona)
Vice-President
· Help run small, sta~-up environnaental products company
New York. NY &
Delray Beach, FL
1995 -present
LENMAN BROTI-~RS, Institutional Fixed Income
Vice President, GENE~AL1ST SALES & RESEARCH DEPARTMENT
· Amdyzed commercial and residential real ezta~e Ixansactions, new issue
underwn'tings, and corponue bond credits for cliemt relationships.
· Developed investmen! strategies for finn's money matmgor clienls.
New York, NY
1985-95
CITIBANK, N.A., Institutional Fixed Income
As-~ Vice Ptesident~ GEHERALIST S.ALES
· Mavaged depository and mortgage banking cliea~ relationships.
New York, NY
1950-g5
WASHINGTON, D.C. COUNCIL OF GOVERNMENTS Washington, DC
WATER RESOURCES PLANNER 197%79
· Pcrformcd fina~cia] mmlysis for expansion of regional wastewat~,' u'ealment system.
· Wrote regional plan for lm~d use application ofwastewat~r.
U.S. ENVIRONMENTAL PROTECTION AGENCY WATER RESOURCES ENGINEER
· Id~ti~ed regional needs for maiomd wastewater ~'eatment grants program.
· Hellmd stre~dine Enviroamental Impact Statement review process.
Washington, DC
1973-76
CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION
AIR POLLUTION ENGINEER
· Increased indo.vn'y compliance with state air pollution regulations.
Ha~ford, CT
1972-73
DISTRICT 7 SANITATION COUNCIL - citiz.~n advocacy group.
COMMUNITY BOARD 7 - New York City govenunental advisory body.
WEST 77th STR.EET BLOCK ASSOCIATION - local street association.
New York City
1985-98
DELRAY BF.,ACH AFFILIATIONS
VIA MARINA HOMEOWNERS &SSOCIATION, President
PROGRESSIV~ RESIDENTS OF DELRAY, M~mber
BEACH PROPERTY OWNERS A$$~)CIATION, Memb~
EDUCATION
PRINCETON UNIVERSITY, Bachelor of Science in Enlgneering, 1971
Princeton, NJ
[ITY OF I]ELAIW BrA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Dne 561/243-7091
1993 DATE: January 2, 2002
MEMORANDUM
TO:
FROM:
City Commission
David Harden, City Mana~r
Brian Shutt, Assistant City Attorney
SUBJECT: Authorization to Commence Eminent Domain Proceedin.qs and
Appointment of Outside Counsel
Our office requests authorization from the Commission regarding the
commencement of eminent domain proceedings against the parcel as shown on
the attached map and as evidenced by the attached resolution. The City needs
this property for stormwater retention. We have tried to negotiate a price with the
owners, unsuccessfully.
As part of the eminent domain process, our office would also like authorization
from the Commission to make a formal offer to the owner of the property in the
amount of $7.00 per square foot which equates to $541,730.00. In addition our
office recommends the Commission appoint Bill Doney as outside counsel for this
matter at the rate of $200.00 per hour.
Please place this item on the January 8, 2002 City Commission agenda. Please
call if you have any questions.
Attachment
CC:
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 6-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING
THE ACQUISITION OF TITLE TO CERTAIN REAL PROPERTY
HEREINAFTER DESCRIBED IN FEE SIMPLE FOR STORMWATER
RETENTION PURPOSES; DECLARING THAT THE ACQUISITION
OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC
PURPOSES; AUTHORIZING THE HIRING OF APPRAISERS AND
EXPERTS IN OTHER DISCIPLINES AND THE FILING OF EMINENT
DOMAIN PROCEEDINGS PURSUANT TO SECTIONS 73 AND 74,
FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the City Manager has recommended the acquisition of fee simple title to certain real
property for stormwater retention; and
WHEREAS, the City Commission of the City of Delray Beach is exercising its authority of eminent
domain pursuant to Chapters 73, 74 and 166, Florida Statutes, as amended; and
WHEREAS, the acquisition of this property is necessary to provide for proper stormwater retention;
and
WHEREAS, the City Commission finds and agrees that the acquisition of real property described in
Exhibit "A" is necessary for the purposes set forth above, and as such constitutes a public necessity deemed
to be in the best interest of the residents of the City of Delray Beach; and
WHEREAS, in order to accomplish the acquisition of this property for said public purposes, it is
necessary for the City Manager and the City Attorney, or her designee, to take legal action and to employ
real estate appraisers and other experts deemed necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, THAT:
Section 1.
recitals.
This City Commission adopts and ratifies those matters set forth in the foregoing
Section 2. The City Attorney, or her designee, is hereby authorized and directed to proceed to
take all necessary steps, including the hiring of appraisers and experts in other disciplines as necessary, for
the City of Delray Beach to acquire fee simple title in its own name by donation, purchase or eminent
domain proceedings, the property described on Exhibit "A" and to prepare in the name of the City of
Delray Beach all papers, pleadings and other instruments required for that purpose, and to see that all
eminent domain proceedings are prosecuted to judgment.
Section 3. The City Attorney and the City Manager are hereby authorized and directed to take
such further actions as are reasonably required to fully accomplish the purposes hereinabove directed.
Section 4. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED in regular session on this the ~ day of January, 2002.
ATTEST:
MAYOR
City Clerk
2 RES. NO. 6-02
EXHIBIT "A"
Parcel A, Norjac Plat, According to the Plat thereof, as recorded in Plat
Book 79, Pages 51 & 52, Palm Beach County, 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 Krejcarek, P.E., City Engineer ~~
03 Jan 2002
Marty Fladell Drive & NW 18th Avenue
2000 Road Bond Project # 2000-044
Authorization to Commence Eminent Domain Proceedings
Commission Agenda Item
The above referenced agenda item is to purchase property, along the NW 18~ Avenue corridor, for
storm water retention. This corridor was included in the 2000 Road Bond Program.
NW 18t~ Avenue is located within commercial zoning. Approximately 70% of the existing corridor is
developed. As part of the preliminary design the consultant reviewed the drainage requirements
along this corridor. The road naturally drains from south to north. It was determined that a permit
would be required from Lake Worth Drainage District and any storm water system would have to
include retention. Several conditions were required in order to site the retention area in a location
that would best serve the corridor. The property identified in this agenda item meets the
requirements of size and location, as well as being vacant.
Thanks
Richard Hasko, P.E.
file: 2000-044 (A)
ttESSRVOO2~DEPARTMENTS~EngAdmintProjectsi2000t2000-O44iOFFIClAL lagenda memo 08 jan 2002 doc
DELRA Y SHORES
PROFESSIONAL PLAZA
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BEAUTY SUPPLIES
PALM TRAN
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NOLAND
MARTY FLADELL
L-32
LAKE IDA ROAD
CHURCH
OF
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LEE
PROSPECT
CA ~V~E
POMPEY
-- PARK
N W 2ND ST
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SHAW
TRUCKING
RINKER
MA TERIALS
ATLANTIC
AVENUE
GA TEWA Y ~
MINI PARKS
I
CITY OF DELRAY BEACH, FL
PLANNING &: ZONING DEPARTMENT
EXHIBIT "A" NORJAC PLAT
PARCEL - A
---- DIGII",4Z ,~4.?.g' MAP SYSTEM -- MAP REF LM575
[IT¥ OF DELRFI¥ BEI:IEH
CITY ATTORNEY'S OFFICE
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090. FACSIMILE 561/278-4755
Writer's Direct Line' 561/243-7091
MEMORANDUM
December 20, 2001
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Proposal for Settlement in Koller v. City of Delray Beach, et al
The City has received a Proposal for Settlement from the Plaintiff in the case of Laurence
J. Koller versus the City of Delray Beach, et al.
This action arose out of an auto accident that occurred at 2:19 a.m. on June 24, 1995
between the vehicle, in which the Plaintiff was a passenger, and a City of Delray Beach
police car. The Plaintiff's vehicle was traveling east on N.E. 4th Street and proceeded
through a flashing red light at the intersection of N.E. 6th Avenue and N.E. 4th Street
without stopping. The City vehicle was traveling north on N.E. 6th Avenue and struck the
Plaintiff's vehicle.
The Plaintiffs complaint alleges that the Plaintiff was injured as a result of the negligence
of the City of Defray Beach.
The Proposal for Settlement filed by Plaintiffs' attorney is for $50,000.00 inclusive of fees
and costs. Our recommendation is to deny the Proposal for Settlement. Please place this
item on the January 8, 2002 City Commission agenda. If you have any questions, please do
not hesitate to contact me.
CCi
Barbara Garito, City Clerk
Cathy Kozol, Police Legal Advisor
I:ITV OF DELRI:IV BEflI: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 L~ne. 561/243-7091
1993 DATE: January 2, 2002
MEMORANDUM
TO:
FROM:
City Commission ._.__
David Harden~T.~ M~
Brian Shutt, Assistant City Attorney
SUBJECT: Appointment of Outside Counsel in Vista Del Mar v. City
On September 4, 2001/October 2, 2001 the Commission granted an appeal from a
SPRAB decision granting site plan approval for the construction of the Hotel Vista
Del Mar located just south of Boston's on A-I-A. The Commission action
rescinded the site plan approval granted by SPRAB. Vista Del Mar, thereupon,
filed a Petition for Writ of Certiorari claiming the Commission's decision departed
from the essential requirements of the law and was not based upon substantial
competent evidence.
Our office has received a representation proposal from Weiss & Handler. Our
office requests that the Commission consider the appointment of the law firm of
Weiss & Handler, at the rate of $150.00 per hour, as outside counsel in this
matter.
Please place this item on the January 8, 2002 City Commission agenda. Please
call if you have any questions.
cc: Barbara Garito, City Clerk
CITY (IF DELRrlV BEIII:H
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
'1993 DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
Januaw 3,2002
TO:
FROM:
City Commission
David T. Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Transfer of Property to TED Center and the Delray Beach
Community Development Corporation
The attached resolutions, if approved, would allow the transfer of one parcel (507
S.W. 3rd Street) to the TED Center and one parcel (221 S.W. 6th Avenue) to the
Delray Beach Community Development Corporation. The City acquired the lots
from Palm Beach County as a result of the County acquiring the lots due to unpaid
taxes.
Please place this item on the agenda for the January 8, 2002 City Commission
meeting. If you should have any questions, please do not hesitate to contact me.
RBS:smk
Attachments
CC:
Barbara Garito, City Clerk
Lula Butler, Community Improvement Director
Ken Thomas, C.D. Program Coordinator
RESOLUTION NO. 4-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH,
WHICH PROPERTY IS LOCATED AT THE WEST 55 FEET OF LOTS
11 AND 12, BLOCK 23, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE TED CENTER AND THE DELRAY BEACH
COMMUNITY DEVELOPMENT CORPORATION TO BE UTILIZED
FOR AFFORDABLE HOUSING.
WHEREAS, the City of Delray Beach, Florida desires to transfer the west 55 feet of Lots 11 and 12,
Block 23 for the purpose of providing affordable housing; and
WHEREAS, the City acquired the property from the County as the result of unpaid property taxes;
and
WHEREAS, the City Commission has determined that it is in the best interest of the City to transfer
the property described above; and
WHEREAS, the City Commission has determined that the transfer of the property described above
will promote the general welfare of the residents of Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida hereby agrees to
transfer the West 55 feet of Lots 11 and 12, Block 23, Map of the Town of Linton, Florida, according to the
plat thereof as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida, to
the TED Center.
PASSED AND ADOPTED in regular session on this the __ day of January, 2002.
ATTEST:
MAYOR
City Clerk
£1TY aF DELRI Y BER£H
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
January 3, 2002
City Commission
David T. Harden, City Manager
Brian Shut't, Assistant City Attorney
Transfer of Property to TED Center
Community Development Corporation
Wdter's Direct Line: 561/243-7091
and the Delray Beach
The attached resolutions, if approved, would allow the transfer of one parcel (507
S.W. 3rd Street) to the TED Center and one parcel (221 S.W. 6th Avenue) to the
Delray Beach Community Development Corporation. The City acquired the lots
from Palm Beach County as a result of the County acquiring the lots due to unpaid
taxes.
Please place this item on the agenda for the January 8, 2002 City Commission
meeting. If you should have any questions, please do not hesitate to contact me.
RBS:smk
Attachments
cc: Barbara Garito, City Clerk
Lula Butler, Community Improvement Director
Ken Thomas, C.D. Program Coordinator
RESOLUTION NO. 3-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH,
WHICH PROPERTY IS LOCATED AT LOT 18, BLOCK 23, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO THE TED CENTER
AND THE DELRAY BEACH COMMUNITY DEVELOPMENT
CORPORATION TO BE UTILIZED FOR AFFORDABLE HOUSING.
WHEREAS, the City of Delray Beach, Florida desires to transfer Lot 18, Block 23 for the purpose
of providing affordable housing; and
WHEREAS, the City acquired the property from the County as the result of unpaid property taxes;
and
WHEREAS, the City Commission has determined that it is in the best interest of the City to transfer
the property described above; and
WHEREAS, the City Commission has determined that the transfer of the property described above
will promote the general welfare of the residents of Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida hereby agrees to
transfer Lot 18, Block 23, Map of the Town of Linton, Florida, according to the map or plat thereof as
recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida to the Delray Beach
Community Development Corporation.
PASSED AND ADOPTED in regular session on this the __ day of January, 2002.
ATTEST:
MAYOR
City Clerk