01-13-04 Agenda Reg CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
REGULAR MEETING - TUESDAY~ JANUARY 13~ 2004
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
REGULAR AGENDA:
K. SPECIAL MEETING/JANUARY 22~ 2004: Discuss the Special Meeting scheduled for
January 22, 2004 to ratify the Bond Election.
Please be advised that if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
City of Delray Beach
Regular Commission Meeting
Tuesday. January. 13. 2004
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 24.3-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentat/on 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.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDUREB
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City vail 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 ¢rDD), 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.
ROLl, C~I
INVOCATION.
PLEDGE OF/~LLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
· NONE
PROCLAMATIONS:
Calling for the First Nonpartisan Election to be held on March 9, 2004
PRESENTATIONS:
A. NW/SW 54 Avenue Preliminary Design Presentation
CONSENT AGENDA: City Manager Recommends Approval.
RESOLUTION NO. 6-04: Approve Resolution No. 6-04 assessing costs for the
demolition of an unsafe structure located at 217 N.W. 94 Avenue.
RESOLUTION NO. %04: Approve Resolution No. %04 assessing costs for the
demolition of an unsafe structure located at 133 N.E. 7~h Avenue.
RESOLUTION NO, 8-04: Approve Resolution No. 8-04 assessing costs for
abatement action required to remove nuisances on nine (9) properties throughout the
City.
ACCEPTANCE OF EASEMENT DEED/LINCOLN PARK AT DELRAY
L,L,C.: Approve and accept an easement deed from Lincoln Park at Delray, L.L.C. for
public utilities located near Layer's Circle.
GRANTING OF EASEMENT DEED/LAKE WORTH DRAINAGE
DISTRICT; Approve the City granting a forty (40) foot easement to the Lake Worth
Drainage District (LWDD) from the Bexley Park property, located adjacent to the L-31
canal and just east of Military Trail.
GRANTING OF RIGHT-OF-WAY DEED/PALM BEACH COUNTY:
Approve the City granting a twelve (12) foot right-of-way to Palm Beach County from
the Bexley Park property, located adjacent to Military Trail just north of the L-31 canal,
to be used for a right hand mm lane.
01-13-2004
LANDSCAPE AGREEMENT/DAVE BODKER lANDSCAPE
ARCHITECTURE/PLANNING. INC./LINTON BOULEVARD: Approve an
agreement in the mount of $22,275.00 to Dave Bodker Landscape
Architecture/Planning, Inc. to provide landscape architectural services for Linton
Boulevard, between Congress Avenue and Military Trail. Funding is available from 119-
4151-572-63.20 (Landscaping/Beautification).
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/
CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRI~SI~NT
THE CITY AT LOGIC AND ACCURACY TESTS FOR THE FIRST NON-
PARTISAN ELECTION: Authorize the Palm Beach County Supervisor of Elections
to handle and canvass the City's absentee and provisional ballots for the March 9, 2004
First Non-Partisan Election, and represent the City at the requisite Logic and Accuracy
tests.
RESOLUTION NO. 5-04: Approve Resolution No. 5-04 to extend the Public Arts
Implementation Committee through June 2004 and to empower the Committee to
assist the City with Public Art Projects.
PUBLIC ARTS IMPLEMENTATION COMMITTEE: Approve the Master Plan
process as presented and outlined at the December 9, 2003 City Commission Meeting
and reauthorize the loan of $15,600.00. Funding is available from 115-1702-579-31.90
(Other Professional Services).
SPECIAL EVENT REOUEST/DELRAY AFFAIR: Approve a special event
request from the Chamber of Commerce to allow the Delray Affair to be held on April
16-18, 2004; including a temporary use permit per LDR Section 2.4.6(H) for street
closures of Atlantic Avenue from NW/SW 1st Avenue to the Intracoastal Waterway and
blocking access to Atlantic Avenue on each side street in this area at the alley running
parallel to Atlantic Avenue; waiver of LDR Section 4.6.7(D)(3)0)(ii) to allow event
signage to be placed more than one week prior to event, staff support for security and
traffic control, contingent upon specified staff recommended exceptions contained in
1/8/04 memo and the receipt of a hold harmless agreement and certificate of liability
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 5, 2004 through January 9, 2004.
AWARD OF BIDS AND CONTRACTS:
NONE
01-13-2004
REGULAR AGENDA:
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/SIGN CRAFT: Consider an appeal of the Site Plan Review and
Appearance Board's decision regarding a waiver to Land Development Regulations
(LDR) Section 4.6.7(G)(3)(d) for the Marriott Residence Inn, located at 1111 East
Atlantic Avenue. (Quasi-Judicial Hearing)
WAIVER REOUEST EXTENSION/CALYPSO BAY TOWNHOMES:
Consider a six (6) month extension of the request to waive Land Development
Regulations (LDR) Section 2.4.6(H) regarding temporary use permits to allow an off-site
temporary sales office for the Bdla Vista Development (Calypso Bay) located at 1020
Miramar Drive. (Quasi-JudicialHeadng)
WAIVER REOUEST/1030 WAI.I.&CE DRIVE: Consider a request to waive Land
Development Regulations (LDR) Section 4.4.19(H)(2) which requires a ten (10) foot
wide landscape buffer abutting the Wallace Drive right-of-way, located on the west side
of Wallace Drive approximately 365 feet south of S.W. 10e' Street within the Wallace
Drive Redevelopment Area.
REOUEST TO REDUCE LIENS/A.DM PROPERTIES. L.L.C BUYERS
INVESTMENT GROUP. INC.: Consider a request from Mr. Jim Drosakis,
Director of Real Estate Operations for ADM Properties, L.L.C. Buyers Investment
Group, Inc. to waive the interest and administrative fees totaling $5,388.12 assessed for
abating nuisances on two (2) vacant lots located within the second Block of S.W. 11~h
Avenue. ADM Properties, L.L.C. Buyers Investment Group, Inc. is prepared to pay the
remaining lien of $2,914.49. Staff recommends approval.
PROPOSAL TO CHANGE POLICE/FIRE PENSION MULTIPLIER:
Provide clkection regarding proposal to change the Police and Fire Pension Multiplier.
ENGINEERING CONSULTING AGREEMENTS:
Engineering Consulting Agreements.
Discuss criteria for
SPI~ClAL EVENT REOUEST/CELEBRATE THE SOUL OF DELRAY 2004:
Approve a special event request for the fourth "Celebrate the Soul of Delray" event to
be held on Sunday, March 6, 2004 from 10:00 a.m. to 9:00 p.m., including a temporary
use permit per LDR's Section 2.4.6(H) for street closure/use of Adantic Avenue from
Swinton Avenue to NW/SW 5~ Avenue, use of Tennis Center parking lot and
clubhouse and the large covered City stage; a waiver of sign code to allow event signage
more than one week in advance, provide staff support for security and traffic control,
barricade set up, trash clean up/removal, EMS services, use of City trash containers and
signage; and waiver of overtime costs; contingent upon sponsor providing certificates of
liability insurance and liquor liability insurance, and a hold harmless agreement.
01-1~-2004
10.
APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police and
Firefighters Retirement System Board of Trustees to fill an unexpired term ending June
30, 2004. Based on the rotation system, the appointment v/ill be made by
Commissioner Costin (Seat #1).
APPOINTMI~,NT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) member to the Neighborhood Advisory Council for Zone One for an
unexpired term ending October 31, 2005. Based upon the rotation system, the
appointment v/ill be made by Commissioner Lex;mson (Seat #3).
APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2004. Based upon the rotation system, the appointment will be made by Mayor
Perlman (Seat $$5).
PUBLIC HEARINGS:
11.
12.
· NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
PUBLIC- IMMEDIATELY FOI.I.OWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
FROM THE
13.
· NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.
B.
POSTED:
City Manager
City Attorney
City Commission
JANUARY 9, 2004
01-13-2004
PROCLAMATION
WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach,
Florida, provides for the calling of a First Nonpartisan Election for the purpose of electin~ two (2)
City Commissioners; and
WHEREAS, pursuant to said Charter and Code of Ordinances provisions the City
Commission deems it necessary to call for the First Nonpartisan Election on the second Tuesday of
March each year.
NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby call for the First Nonpartisan Election to be
held on Tuesday, March 9, 2004, between the hours of 7:00 a.m. and 7:00 p.m., at all the
precincts and polling places in the City of Delray Beach as designated by the Supervisor of
Elections.
ALL QUALIFIED ELECTORS of the City of Delray Beach, Florida, shall be
qualified to vote in such election.
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 13e~ day of January, 2004.
JEFF PERLMAN
MAYOR
Ilt _~
· · · · · · · ·
~M~AV DI&~Vq&V
[ NI~LHVI~
Ou
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~A
RESOLUTION NO. 6-04
- REGULAR MEETING OF JANUARY 13. 2004
JANUARY 9, 2004
This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure
located at 217 N.W. 9m Avenue.
The resolution sets forth the actual costs recurred and provides the mechanism to attach a lien against the
property in the event the assessment remains unpaid.
Recommend approval of Resolution No. 6-04.
AgmemoDEMO.Res No 6-04
RESOLUTION NO. 6-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN
UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Cormnission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
2
Res. No. 6-04
the rate of six percent (6%) per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (8%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 8%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the · 2004.
day of
ATTEST:
MAYOR
City Clerk
3
Res. No. 6-04
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
TOMMIE D. SHEFFIELD AND ALICE JACKSON
MAILING ADDRESS:
PROPERTY ADDRESS:
217 N.W. 9th AVENUE
DELRAY BEACH, FL 33444
217 N.W. 9th AVENUE
LEGAL DESCRIPTION: LOT 11, BLOCK B, TOURIST NOOK DELRAY ACCORDING
TO PLAT BOOK 11, PAGE 47 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $5~170.40 by resolution of the City Commission of the City
of Dekay Beach, Florida, dated . 2004 has been levied against the
above described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on 2/05/03 that the Chief Building official had
determined that a building/structure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the city if you failed to act.
X__You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on . The Board of Construction
upheld the decision of the Chief Building Official.
Res. No. 6-04
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on 11/20/03 at a cost of $5~170.40
which includes a ten percent (10%) administrative fee. If you fail to pay this cost within
thirty (30) days, that cost plus additional administrative and recording costs shall be
recorded in the official Records of Palm Beach County, Florida against the above
described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
Res. No. 6-04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~
RESOLUTION NO. 7-04
- REGULAR MEETING OF JANUARY 13. 2004
JANUARY 9, 2004
This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure
located at 133 N.E. 7th Avenue.
The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the
property in the event the assessment remains unpaid.
Recommend approval of Resolution No. 7-04.
AgmemoDEMO. Res No 7-04
RESOLUTION NO. 7-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELP~AY
BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN
UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT ~ LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Article 7.8 of the Land Development Regulations, declared
the existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for violation
of the building codes and building requirements adopted by Article 7.8 and
those Codes adopted in Chapter 96 of the Code of Ordinances; and,
WHEREAS, pursuant to Article 7.8 of the Land Development
Regulations of the City of Delray Beach, the Building Official or his
designated representative has inspected said land(s) and has determined that
an unsafe building existed in accordance with the standards set forth in
Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the
respective owner(s) of the land(s) described in the attached list with
written notice of unsafe building and detailed report of conditions and
notice to vacate as the Building Official determined that the building was
manifestly unsafe and is considered a hazard to life and public welfare
pursuant to Article 7.8 of the Land Development Regulations, describing the
nature of the violations and sent notices that the building was to be vacated
and that the building was to be repaired or demolished; work must be begun
within sixty (60) days and all work must be completed within such time as the
Building Official determines, said notice also advised that all appeals must
be filed within thirty (30) days from the date of service of the notice and
failure to file an appeal or to make the repairs required that the Building
Official would have the authority to have the building demolished from the
date of the said notice; and,
WHEREAS, all the notice requirements contained within Article 7.8
have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals or
corrective action was undertaken in accordance with the order of the Chief
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating said condition as aforesaid, said report indicating the costs per
parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELR3%Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the amount of
as shown by the
report of the City Manager of the City of Delray a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s) of
land described in said report and in the amount(s) indicated thereon. Said
assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Section 7.8.11 become a lien upon the
respective lots and parcel(s) of land described in said report, of the same
nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such ownership
appears upon the records of the County Tax Assessor, notice(s) that the City
Commission of the City of Delray Beach has levied an assessment against said
property for the cost of abatement action regarding an unsafe building by the
thirty (30) days after the mailing date of said notice of assessment, after
which a lien shall be placed on said property, and interest will accrue at
2
Res.
No. 7-04
the rate of slx percent (6%) per annum, plus reasonable attorney's fees and
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s)· after which a lien shall be placed on said
property(s), and interest shall accrue at the rate of six percent (8%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 8%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the · 2004.
day of
ATTEST:
MAYOR
City Clerk
3
Res. No. 7-04
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
ESTATE OF BARBARA H. DOOLEY & ERNEST E. DOOLEY
MAILING ADDRESS:
PROPERTY ADDRESS:
133 N.E. 7tb AVENUE
DELRAY BEACH, FL 33483
133 N.E. 7th AVENUE
LEGAL DESCRIPTION: S 66' OF N 186.51' OF BLOCK 123, PLAT BOOK 1, PAGE 3 OF
THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $ 5~915.32 by resolution of the City Commission of the
City of Delray Beach, Florida, dated ., 2004 has been levied against the
above described property.
The costs were incurred as a result of an abatement action regarding the above described
property. You were given notice on 3/26/03 that the Chief Building official had
determined that a building/structure located on the above described property was unsafe.
You were advised in that notice of the action that would be taken to remedy that unsafe
condition and that the action would be initiated by the city if you failed to act.
__ X__You failed to appeal the decision of the chief Building Official to the Board
of Construction Appeals although you were informed of your right to an appeal and of
the procedures for obtaining an appeal. You have also failed to take the corrective action
required in the Notice of Unsafe Building/Structure.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building official to the Board of
Construction Appeals. You were given written notification on the decision of the Board
of Construction Appeals within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Chief Building Official to the Board of
Construction Appeals on . The Board of Construction
upheld the decision of the Chief Building Official.
Res. No. 7-04
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on 12/11/03 at a cost of $5~915.32
which includes a ten percent (10%) administrative fee. If you fail to pay this cost within
thirty (30) days, that cost plus additional administrative and recording costs shall be
recorded in the official Records of Palm Beach County, Florida against the above
described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT,
COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS
SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE
PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING
MORTGAGES.
Copies of all notices referred to in this notice are available in the office of the Chief
Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
Res. No. 7-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~Q..
RESOLUTION NO. 8-04
DATE: January 9, 2004
- REGULAR MEETING OF JANUARY 13, 2004
This is a resolution assessing costs for abatement action required to remove nuisances on nine (9)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 8-04.
AgmemoCE.Res No 8-04
RESOLUTION NO. 8-04
A RESOLUTION OF THE CITY COMMISSION OF THE crrY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made e part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code o£ Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
(10) days fr~m the date of said notice, failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property~ and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance (s) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s)~ and,
WHEREAS, the City of Delray Beach, through the City A~m4nistration or such
agents or contractors hired by the City Administration was therefore required to and
did enter upon the land(s) described in the list attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notice~ and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Conuaission a report of the costs incurred in abating said nuisance(s) as
aforesaid, said report indicating the costs per parcel of land involved~ and,
WHEREAS, the City Comm/ssion of the City of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance{s)
against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS=
Section 1. That assessments in the individual ~ounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) Of land described in said report and in the ~mount{s) indicated
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent
as the lien for general city taxes and shall be collectible in the same manner as
mortgages and foreclosures are under state law.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to imediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Connnission of the City of Delray Beach on the has
levied an assessment against said property for the cost of abatement of said nuisance
by the City, and that said assessment is due and payable within thirty (30) days after
the mailing date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of said assessment(s),
after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of eight (8) percent per annum plus, if collectlon proceedings are necessary,
the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received b~ the City
Clerk within thirty (30) days after the mailing date of the notice of assessment, the
City Clerk is hereby directed to record a certified copy of this resolution in the
public records of Palm Beach County, Florida, and upon the date and time of recording
2
Res. No. 8-04
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement, interest at the rate of 8%, and
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the day of
· 2004.
MAYOR
ATTEST:
City Clerk
3
Res. No. 8-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
SOUTHRIDGE, LOT 23, BLOCK 10, PB 50, P 98,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL SAMUEL N. LOPEZ &
(ZEDER AVE ) LIDIA LOPEZ
PC# 12 43 46 20 13 010 0230 140 FLEMING AVENUE
CUST ID # 6516 LAKE WORTH, FL 33463 $ 70.75
$ 55.00 ADMFEE
PINE TRAIL, SECTION 1, S 40 FT OF LOT 1, BLOCK
1,
PB 32, P 58, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(687 NW 46TH AVENUE) CHARLES GRIFFIN
PC # 12 42 48 12 07 001 0012 $87 NW 46 AVENUE
CUST ID # 3816 DELRAY BEACH, FL 33445 $ 44.25
$ 55.00 ADMFEE
TOWN OF DELRAY, LOT 34, BLOCK 32, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(309 SW 5TH AVENUE) JAMES & LILA STRONG
PC # 12 43 46 16 01 032 0340 349 SW 11TH AVENUE
CUST ID # 1889 DELRAY BEACH, FL 33444 $ 44.25
$ 55.00 ADM FEE
TOURIST NOOK DELRAY, W 1/2 OF LOTS 17 & 18,
BLOCK B, PB 11, P 47, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(809 NW 2ND STREET) SHOREWALKER HOMES LLC
PC # 12 43 46 17 25 002 0172 777 E ATLANTIC AVE #Z-250
CUST ID # 10325 DELRAY BEACH, FL 33483 $ 44.25
$ 55.00 ADM FEE
STRICKLAND SUB, W 1/2 OF LOT 1 & N 19 FT OF
W 1/2 OF LOT 2, BLOCK 1, PB 27, P 173,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(1101 SW 9TH AVENUE) DANA K. LAROCK
PC # 12 43 46 20 22 001 0010 3064 ANGLER DRIVE
CUST ID # 10326 DELRAY BEACH, FL 33445 $ 44.25
$ 55.00 ADMFEE
4
Res. No. 8-04
COST OF ABATING NUISANCES UNDER CHAPTER 100 UNDER
THE CODE OF ORDINANCE
TOWN OF DELRAY, W 50 FT OF E 200 FT OF
S 135 FT OF S 1/2 OF BLOCK 22, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(515 SW 2ND STREET)
PC# 124346 16 01 022 0180
CUST ID # 259
SOUTHRIDGE, LOTS 21, BLOCK 10, PB 50, P 98,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(ZEDER AVENUE V/L REAR OF 580 SR)
PC # 12 43 46 20 13 010 0210
CUST ID # 6516
SEC 17-46-43, S 50 FT OF W 135 FT (LESS W 25 FT
RD R/VV) OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
PC # 12 43 46 17 42 006 0090
CUST ID # 92
i TROPIC ISLE, LOTS 101 & 102, PB 1, P3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
:(FLORIDA BLVD NO OF 2217)
PC # 12 43 46 28 01 000 1010
CUST ID # 10131
JOHNNIE MARTIN, JR.
215 SW 7TH AVENUE
DELRAY BEACH, FL 33444
SAMUEL N. LOPEZ &
LIDIA LOPEZ
140 FLEMING AVENUE
LAKE WORTH, FL 33463
ETHEL SCOTT ESTATE
77 2ND STREET
CANANDAIGUA, NY 14425
TROPIC ISLE PLACE LLC
cio MARTIN A DIAZ-YABOR
12124 SW 131stAVENUE
MIAMI, FL 33186
$ 81.75
$ 55.00
$ 70.75
$ 55.00
$ 57.50
$ 55.00
ADM FEE
IVIOLATION IS: SECTION 100-01 - LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS,
DECLARED NUISANCE.
ADM FEE
ADM FEE
66.25
$ 55.00 ADMFEE
Res. No. 8-04
City Of Delray Beach
Department of Environmental Services
TAC COMMENTS
TO:
FROM:
DATE:
PROJECT:
David Harden
Randal L. Krejcarek, P.E. p~'
09 Jan 2004
Lincoln Park
Sanitary Sewer Easement
The attached easement deed is being provided from Lincoln Park at Delray. This
easement covers an existing sewer that is located on property that was owned by the
City. While the City owned this property no easement was needed but now that the City
no longer owns the property an easement is required. While Lincoln Park of Delray was
researching this property, they discovered that the remaining sewer covered by the
attached easement deed also lacked an easement. Therefore this easement deed will
cover both of these issues.
There is no cost to the City for the dedication of this easement deed.
Thanks!
Enc
Cc Richard Hasko, P.E.
Brian Shutt
TAC file
Cc: William A. Grieve, P.E., Assistant City Engineer
S:\EngAdmin\TAC\Lincoln Park~sewer easmt01.doc
Printed: 1/9/2004
rlTY I)F nELRI:IY BEACH
CITY ATTORNEY'S OFFICE
1993
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
DATE: January 7, 2004
TO: City Commission
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed
The following easement deed is for public utilities located beside of Laver's Circle.
By copy of this memo to David Harden, our office requests that this item be placed on the
January 13, 2004 City Commission agenda for acceptance.
Please call if you have any questions.
Attachment
cc: David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Prepared by: RETURN:
P~ Brian Shut~ Esq.
City At~om~s O~c~
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this ~5//~gday of ~v'~n,,,~-,~ , 2003, by and between Lincoln
Park at Delray LLC, a Florida limited liability company, with a mailing address of 3399 PGA
Blvd., Suite 450 palm Beach Gardens, FL 33410, party of the first part, and the CITY OF
DELRAY BEACH, wis a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida
32444, a municipal corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of public
utilities with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such utilities well under, across, through and upon, over, under or within the following
described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or effect any other kind of consh'ucfion or improvements upon the above-
described property (sidewalks, drives, parking areas, and curbing, however, are allowable).
It is understood that upon completion of such construction, all lands disturbed thereby as
a result of such construction performed thereon, will be restored to its original or like condition
without expense to the property owner.
Party of the first part does hereby fully warrant thc title to said land and wifi defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of thc parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
(~name printed or typed)
~hTI2qESS//2: ~ ~ ^ ~
(name printed or typed)
LINCOLN PARK AT DELRAY LLC, a
Florida limited liability company
By: Lincoln Park Equities LLC, its Manager
s, Manager
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 2¥/~ day of November, 2003
by ~ Manager of Lincoln Park Equities, LLC, as Manager of Lincoln Park at
Delray LLC, a Florida limited liability company, on behalf of the company. He is personally
known to me or has produced
identification and did/did not take an oath.
(type of identification) as
Si~ature ~fNot~ Public
State of Florida
EXHIBIT"A"
POINT OF COMMENCEMENT
NORTHWEST CORNER
OF TRACT
/
/
GRAPHIC SCALE
{
· POINT OF BEGINN
N 89°27'25" E 389.00'
SKETCH TO ACCOMPANY EASEMENT LEGAL DESCRIPTION
051261
~2/18/03
r SKETCH OF DESCRIPTION ~o3,
FORTIN, LEAVY, S KILES, I-NC
[ CONSULTING ENGINEERS, SURVEYORS & MAPPERS I J~ob. ~'o. 031261
FLORIDA CF~RI-IFICATI/OF AUTHORIZATION' NUMBER:
EXHIBIT "A"
LEGAL DESCRIPTION:
A 12 foot w~de sonltary sewer easement lying and being in a portion of Tract iA', LAVER'S NORTH,
according to the plot thereof os recorded ;n Plat Book 4.3 at Pages 92. 93, and 94 together with a
port~on of Tracts "B", "C". and "D", LAKEVlEW APARTMENTS, occordlng to the plot thereof os recorded in
Plat Book 99 at Pages 1.31, 132, 1,33. and 134. both of the PubGc Records of Palm Beach County,
Florida being more partlculorly described as follows:
Commence at the Northwest corner of sold Tract "A"; thence N 89'27'25" E alan9 the North Gna of
said Tract "A" and the No~h llne of sold Tract "D" for 389.00 feet to the POINT OF BEGINNING of the
here~noftsr described strip of land being o 12 foot w~de sanlto~ sewer easement lying 6 feet on each
side of and contiguous with the followlng described centerGne; thence S 64'21'05" W for 220.25 feet;
thence N 01'52'01" E for 93.53 feet to o po~nt on the northerly line of sa~d Tract "D'; thence
inversely S 01'52'01" W for 95..53 feet; thence S 64'21'05" W for 65.75 feet; thence S 10'51'01" W for
120.15 feet; thence S ,38'18'42" E for 92.65 feet to the POINT OF TERMINATION.
Note: S~de lines of the foregoing strip of land ore to be lengthened or shortened so os to
create o continuous 12 foot wide strip of land.
SURVEYOR'S NOTES:
Palm Beach County, Flor;do.
- Bearings hereon ore referred to an assumed value of N 89'27'2§# E for the North line of
said Trocts "A" and "O".
- Dimensions indicated hereon ore f~eld measured using o total stetson electronic dlstonce
measurement (EDM). unless otherwise noted.
- This is not o "Beundo~ Survey" but only o graphic depiction of the description shown hereon.
SURVEYOR'S CERTIFICATION:
I hereby certify that this 'Sketch of Description" was mode under my responsible charge on
A~gust 1. 2003, and meets the M~nimum Technical Standards os set forth by the Florida 9o~rd of
Professlonol Surve*/or~ and Moppofs ;n Chapter 61G17-6, Florida Adminlstrotive Code. pursuant to
Section 472.027, Florldo Statutes.
FORT~S, INC., L~8.~
Stote of Flor;do.
EASEMENT LEGAl. D~BCRIPTK:)N
'~..,,~ ~ Acs ' ~ DESCRIPTION, NOTES, & CERTIFICATION ~ ~e~. 8/Mo3 ·
Ret.Cad' a'ts.lv°' 031261 FORTIN, LEAVY, S KILES, INC. sc.,. No SCALE
-- CONSULTING ENGINEERS, SURVEYORS & MAPPERS Job, No. 031261
EXHIBIT "A"
LINTON BOULEVARD
~1 ~'- ~.-TRACT~D~ .... "% r'-- ~
TRACT "A"'--~, [ / L~,~V,~^p~V~'S '~' ~rn J
~w~. ~ ~ / ~.~s~-~ / ~,,, ~
~ ~ ~EASEMEN~ ~ ,/
~ ~=m / /// TRACT ~" / ~VER S CIRCLE I ,I
LOCATION SKETCH O
NOT TO SCALE
L~TION SKETCH TO A~OMPA~ ~EME~ ~ DE~RI~ION
~ Acs ~ LOCATION SKETCH ~ ~,~ ~/~/o~
03~2e~ FORT~, LEA~, S ~LES, ~C. 5~.~. NOT TO
e~a. ~oU. No. 031261
[ITY OF DELRflV BERTH
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
January 7,2004
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Grantin.q of Easement Deed to the Lake Worth Drainaqe District
Lake Worth Drainage District has requested a forty foot easement from the Bexley
Park property. The easement area is located adjacent to the L-31 canal and just
east of Military Trail. As the City is still the owner of the property LWDD has
requested that this easement deed come from the City. The proposed purchaser
of this property, D.R. Horton, Inc. has authorized the City to grant this easement.
By copy of this memo to David Harden, our office requests that this item be placed
on the January 13, 2004 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
RETURN TO:.
b*d~ WORTH DRAINAGE OlSIRIGT
~ 30al MilI~/Tr~l
MARK ~ P~RRY, ~::~.
Perry & Kern, P.A.
so ~owth ^venue
C)elr4y Bm~h, Ft, ~3483
DRAINAGE DISTEICT
THIS EASEMENT DEED, made thb _ ~ dw ef _ ,,, , 20 ,, by and bet~ee~
the CIT~. OF DELRAY BILa, Clt, a Florida mmltctpal /cor~p~r~L~th~ fJm paff, alrld ~
WORT~ DRAINAGE DISTRICT, a Special T~XinS Dlsiri~ of the imm of Florld~ p~y of~e
second part, whose mailing mJdress is 1308.1 Military Troll, Oelray Beach, Flodda 33484.
WITNESSETHz That party af ~ first ~ f~ at~d In conslderatkm af the ~m o~ TEN
(S 10,013) DOLL,~, and atha~ laod .nd valuable c~cl~'atlon to It in hand paid, ~calpt of
which Is'hereby acknoudedl~d, has ~anted, be~ain~ and sold, and by t~se preMnu does
grant, bargain, mil and release un~o the party oftbe secnnd ~ ~ succasmrs'and assigns, a
p~,...r?u~ ?,~, u~ .~gsernE~ ~r the pumoe o~lmmacli~ an unen,:urnber~ rld~.of, w~ ~r
ummes wn~cn may be 8rantad to ~ ~ the secmd party~ as well Em pmvld~nl an
unencumbered ri~ht-oLa~ay Tor use as a canal and c~qal relaeed purposes Includlns but not
)lmlted to the uae of same foe lnirw8 and e~mm puqxEm, excavation, mmavaJ ~ veletatJon,
Irrigation, water ce,,~,,~l ~u:tures, ~ and m for maintenance and ~ ef spoil, all
qu~si..~gllRy.typ~ pUrpose~ m~d b ~ such Mher puq:mse IJ~'mmto relaMd or In m1~vlse
F~mP~l~hg;_over, acmla, thre~l. ~ and.upon, ~ m' within that parcel of ,~:l located In
county, Florida. dese,ttmd nn r-dd~ ,A' ~ hor~ and mac~ a part
i~reof as if recit~ at imgth.
All utilitimf shall be required to provide ~y of the' ~ prat with wrtt~ consent from
the underlying fee owner of the subJect real ptope~ prior to the ltmnllal~o~ of any utility
First pmty ~mll Stent no other ~ erect n~ bulkl~' or ~ ~y o~ kind ~
~s~ or I~~u ~ pl~ ~ ~ ~ s~ u~ ~e ~ d~ In
~lbit "A"/
Patty of the first [mt does hereby specially wan'ant Ibe title to said land md will defend the
same a~lost I~e lawful claims af all peru:mi wl,a:mlsoever CIIttmlnK by, thmwth or under
that It has ~x)d right and lawful aul~mrity to Ii~nt thEI ~ d~'~aserne~t and that
same is unencumbered. Where ~ c~mteXi of this easement deed allows or permit~, the
same shall Include the eaccMIorJ or assists of the partlM.
IN wrrlqE~S WI41EREOF, pa~y oft~fl~tl~Ut has omed this imeument to be e0eecut~. In
its name by. It~ undersigned, duly nuthod~d ofllca~, and it~ corlx~ate s~d to be hereunto
affixal, the dw a~d year first nlx~ve written.
$i~ned, sealed and delivered
In the preaence off
Printed
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, besom me, an offlc~ du.ly authorized In the State
and County aforesali~ to ~ake admowled~m~ts~ i~eonally ai~asmcl ~
the ., of , . on behalf of the corpora~on. He/she is
personally known to me et has produced ~ as Idantlflc~ian, and did
(did not) t~ke an oath.
WITNESS my hand and official ~ In the Cou~ and State last aforesaid this th,,
day of ~ , ,2003.
NOTARY puBLIc
Notary Stamp or Seal . .
01/08/2(.)0, 12:53 F^X 5812T84T55
01/08/04 ~T 11:37 FAX 1 561 ~41 ~18!
CITY ATTORNEY * City Hall
5CHNAR$ ENGINEERING CORP
aooz
SKETCH AND LEGAL DESCRIPTION (NOT A SUR~
BEXLEY PARK- L.W.D.D. EASEMENT DEDICATION
LEGAL DESCRIPTION:
A PORTION OF THE SOUTHWEST ONE-OUARTER 0F THE NORTHWEST ONE-
OUART~R OF SECTION 12. TOWNSHIP 46 SOUTH, RANGE 42 EAST. BEING
MORE P~TICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SNO NORTHWEST ONE-
QUARTER; THENCE SOUTH 89' 52'53" EAST. ALONG THE SOUTH LINE OF
S~D NORTHWEST ONE-QUOTER, A DIST~CE OF 72.0~ FEET TO THE
POINT OF BEGINNING; THENCE NORTH 00' 42'35" WEST, ALONG A LINE 72,OO
FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID NORTHWEST
ONE-QUOTER, A DIST~CE OF 40.01FEET; THENCE SOUTH 89~52'53'' EAST,
ALONG A LINE 40.00 FEET NORTH OF ~D P~ALLEL WITH THE SOUTH
LINE OF SAID NORTHWEST ONE-QUARTER. A DISTANCE OF 1260.44 FEET;
THENCE SOUTH 00"58'35" EAST, ~ONG THE EAST LINE OF SAID
SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUOTER, A
DIST~CE OF 40.01 FEET: THENCE NORTH 89' 52'53" WEST,~ONG THE
SOUTH LINE OF S~D NORTHWEST ONE-QU~TER. A DIST~CE OF 1260.63
FEET TO THE POINT OF BEGINNING.
SAID L~OS SITUATE IN THE CITY OF 0ELRAT BEACH, P~M BEACH
COUNTY. FLORIDA, ~D CONT~N 1.158 ACRES, MORE OR LESS,
~BREVIATIONS
C~, C~CRETE
NOTES CDR. C~NER
O,[, 0RAINAG[ [A~E~NT
1. R~PRODUCTIONS OF THIS SKETCH L,B. LICENSED BUSINESS
~E NOT v~lO WITHOUT THE SIGNATUR~ L.S. LICENSED SURVEIOR
~O THE ORIGIN~ RNSEO SE~ OF A FLORIOA L.~,D.D. L~E ~RTH DRAINAGE
LICENSED SURVEYOR AND M~PER. DISTRICT
2. NO SE~CH OP THE PUBLIC RECOROS ~N. ~U~NT
W~ ~E ~N THE PREP~ATION OF O,R,8, OFFICIAL REC~DS
THIS SKETCH ~0 DESCRIPTION. P,0.B. POINT OF ~EGINNING
3. DRYINGS SHOWN HEREON ~E e~Eo ON T~ SOUTH P.D. PL~T BOOK
LINE 0F THE NORTHWEST ONE-QU~TER 0F SECTION 12-46-42, P,B.C,R. PAL~ BEACH COUNTY RECORO~
HAVING A BERING OF SOUTH 89' 52'53" E~T, ACCORDING PG. PAGE
TO THE STATE PL~E COORDINATE SYSTEM. STATE OF P.S.~. PROFESSi~AL SURYEY~
FLORIDA, E~T ZONE, NORTH ~ERIC~ DATUM OF 1983, 8 ~PPER
1990 ~JUSTMENT. R~ RIGHT-0F-~AY
CERTIFICATION u.E. U;[L;T~
IHERE8Y CEETIPY THAT ~HE SKETCH ~O DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNIC~ ST~D~DS ~ CONTNNED IN
CH~TER 61G17-6. FLORIDA ~MIHISTRATIVE CODE, PURSUIT TO
SECTION 472.027, FLORIDA STATUTES, ~O THAT SND SKETCH ~0
DESCRIPTION IS TRUE ~O CORRECT TO THE BEST OF MY KNOWLEDGE
~O BELIEF ~ PREPPED UNDER MT DIRECTION_
FLORIDA LICENSE NO. LS51II
EXHIBIT "A"
H1/'I~/'2HHq 12:54 F^× 58]27847'55
01/06X0~ "i]tU 11~? P~T~ I 5~1 g~l ~18~'
CITY ATTORIIEY + City Hall
$CHNARS ENCIN~I/RIN~ CO~P
~oo~
POINT ' OF' COMME~NCI:"M~'NT
wEST 1/4 CORNF'R
SECTION 12- 46-42~
FOUND PALM BEACH ~ ........... I/ ..... ;/SEC I,~-4.6 42
COUNTY BRASS DISK ,-~-,--,,~. ......... '~'-
, , , ~ ot ~ MILITARY TRAIL ($.R.
589 52 53 g/: - t . i.., ~?- . (O.R.B. 5816, P&
5~" ' I~ TURN L~E RIGHT-OF.WAY
POINT OF ,~CINNING ~~ ,n~ ~ )
_~ ..I ~ om
~ I ~1 I~
I~l I ~ /
. I S 12, T40S, R42E
I ~ ~ 40~
500'5835~ i N.W./aSEC. 1Z-46-42
40.0~'
I ~ ~0' L.W.O.D. R[CHT-0¢-WAY
(O.R.8. 193~. PG. 1301)
I
f I
I
i
I I
L,W.D.D.IANAL L.31
LAKE IIyA ROAD
LW.D.D.' CANN_
[lTV OF I]ELRI1¥ BEI:I[H
CITY ATTORNEY'S OFFICE 200 Nw .t AVENUE. DEL.^y BEACH, FLO.,~A 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
~993 DATE: January 7, 2004
Writer's Direct Line; 561/243-7091
MEMORANDUM
TO:
FROM:
City Commission .
Brian Shutt, Assistant City Attorney
SUBJECT: Grantinq of Right-of-Way Deed to Palm Beach County
Palm Beach County has requested a twelve foot right-of-way dedication from the
Bexley Park property. The dedicated area is located adjacent to Military Trail just
north of the L-31 canal and will be used for a right hand turn lane. As the City is
still the owner of the property the County has requested that this dedication come
from the City. The proposed purchaser of this property, D.R. Horton, Inc. has
authorized the City to make this dedication.
By copy of this memo to David Harden, our office requests that this item be placed
on the January 13, 2004 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 37.~.~.
RIGHT-OF-WAY DEED
THIS INDENTURE made this __ day of ,200_, between the CITY
OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, as party of the first part
and, PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, as
parW of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the mutual promises herein
contained and other good and valuable consideration, does hereby grant, remise, release, quit
claim and convey unto the party of the second part, its successors and assigns, all right, title,
interest, claim and demand which the party of the first part has in and to the following-described
land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit:
See Exhibit "A" attached hereto.
This Deed is made for the purpose of giving and granting to the party of the second part,
its successors and assigns, a fight-of-way and easement in and to said lands for public highway,
street, and public utility purposes; and is made, executed and delivered with the express
understanding and condition that should the same ever be discontinued or abandoned as a public
highway or street, the title to same shall thereupon revert to and revest in the party of the first
part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. The party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect
no building or effect any other kind of construction or improvements upon the above-described
property.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described right-of-way and that the same is
unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall
include the successors or assigns of the parties.
TO HAVE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, fight,
title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the
only proper use, benefit, and behalf of the said party of the second part, its successors and
assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal
the date first above written.
ATTEST:
PARTY OF THE FIRST PART
City clerk
By:
Jeff Perlman, Mayor
Approved as to form:
City Attorney
2
{~004
Surveying and Mapping
~ ofxua~on ~. La7~4
SKETCH AND LEGAL DESCRIPTION (NOTA SURVEY)
BEXLEY PARK- RIGHT-OF-WAY DEDICATION
LEGAL DESCRIPTION:
A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP
46 SOUTH, RANGE 42 EAST, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST OI~-
QUARTER; THENCE SOUTH 89°52'53.. EAST, ALONG 'THE SOUTH LINE OF
SAID NORTHWEST ONE-QUARTER. A DIST~NC,E, O,F, 60.01 FEET TO THE
POINT OF BEGINNING; THENCE NORTH O0 42 35 WEST, ALONG A LINE 60.00
FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID NORTHWEST
ONE-QUARTER, A DISTANCE OF 268.29 FEET; THENCE SOUTH 89°47'53-
EAST, ALONG THE NORTH LINE OF THE SOUTH 2/5 OF THE WEST ONE'HALF
OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE'QUARTER
OF SAID NORTHWEST ONE'QUARTER, A DISTANCE OF 12.00 FEET; THENCE
SOUTH 00°42'35- EAST, ALONG A LINE 72.00 FEET EAST OF AND PARALLEL
WITH SAID WEST LINE, A DISTANCE OF 268.27 FEET; THENCE NORTH
89° 52'55" WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE'
QUARTER, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA, AND CONTAIN 5219 SQUARE FEET, MORE OR LESS.
NOTES
1. REPRODUCTIONS OF THIS SKETCH
ARE NOT VALID WITHOUT THE SIGNATURE
AND THE ORIOINAL RNSED SEN. OF A FLORIDA
LICENSED SURVEYOR -~ND MAPPER,
2. NO SEARCH OF' TH~ PUBLIC RECORDS
WAS MADE IN THE PREPARATION OF
THIS SKETCH AND DESCRIPTION.
5. BEARINGS SHOWN HEREON ~E BASED ON THE SOUTH
LINE OF THE NORTHWEST ONE-0UARTER OF SECTION 12-46-42,
HAVING A BEARING OF SOUTH 89'52'5~1" EAST, ACCORDING
TO THE STATE PLANE COORDINATE SYSTEM, STATE OF
FLORIDA, EAST ZONE, NORTH AMERICAN DATUM OF 1983,
1990 ADJUSTMENT.
CERTIFICAT]ON
ABBREVIATIONS
~F~ ~J~?:~, [LORIDA ~UI~STRATIVE CODE, PURSUIT
~.~z.u27 FLORDA STATUTES, ~ THAT SND SK
,, R MY DI~CTION. O~EDGE
DATE OF F[LD WORK : NOT A SURVEY
ENVIRONMENTAL 5RV, DE~t', ~ CITY A'I'I'Y
O05
LW.D.D.[.,ANAL L.31
lAKE IDA ROAD
LW..D.DJCANAL L-32
LWD DJCANALL
LOCA'I~ON MAP
12, T4~, R42E
N.T.$, ~,~
e. ~ ~11~
~--~.: ~ I /
~: :
J_-]E -~;~Y~;,~ -..>- - - '
P~.
SE~ION ,~-~-,~ PDt. ~ ~ ~6'C~ALRIG~.OF-WAy
FOUND P~ BE~II
COUN~ BRaS DISK
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # 8G - REGULAR MEETING OF JANUARY 13. 2004
LANDSCAPE AGREEMENT/DAVE BODKER LANDSCAPE
ARCHITECTURE/PLANNING. INC./LINTON BOULEVARD
JANUARY 13, 2004
Attached please find a revised Agreement between the City and Dave Bodker Landscape
Architecture/Planning, Inc.
Recommend approval of the attached contractor agreement between the City and Dave Bodker
Landscape Architecture/Planning, Inc.
S:\City Clerk\agenda memos~ Dave Bodker Landscape Agnt.01.06.04
01/13/£(")4 1G:12 FAX 58127~4755 C:~TV ^TTORIiEY
STANDARD FORM OF AGREEMENT
BETWEEN CITY AND CONTRACTOR
THIS AGREEMENT made this day of ,20 , by and between
the CITY OF DELRAY BEACH (hereinafter called CITY) and
(hereinafter called CONTRACTOR).
WITNESSETH:
The CITY and the CONTRACTOR m consideration or,he mutual covenants hereinafter
set forth, agree as follows:
1. Thc undersigned CONTRACTOR hereby represents that he has carefully
examined all contract documents, and will perform thc contractual requirements pursuant to all
covenants and conditions.
2. The CONTRACTOR, as evidenced by the execution of this Contract,
acknowledges that he has examined the physical characteristics of the job requirements. The
CONTRACTOR further acknowledges that thc contract price includes all costs and expenses
required for the satisfactory comple6on of the contract requirements.
3. Thc contract between the CITY and the CONTRACTOR shall include thc
following documents which are attachc~l hereto and incorporated herein by reference:
CONTRACT DOCUM~NT/S
Standard Form of Agreement 1-4
Corporate Acknowledgment 5
Certificate of Corporation 6
Specifications & Pricing 7-9
4, The term of this contract shall commence upon execution by both parties
and extend until the work outlined in the specifications has been completed. However,
the Agreement may be terminated by the CITY upon 30 day~ written notice, in its sole
FAX 5812784755 CITY ^TTORtlEY [~.003/01 ~:~
discretion, provided that the CITY shall compensate the CONTRACTOR for all work
performed and accepted by the CI'IY up to the date of termination, including any
reimbursable expenses incurred up to the date.
5. This agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach
County, Florida.
6. All notices, requests, demands, and other given if personally delivered or mailed,
certified mail, return receipt requested, to the following addresses to:
As to City: City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
As to Contractor:
7. The CONTRACTOR shall not, without prior written consent of the CITY,
assign a~y portion of its interest under this contract and, specifically, the CONTRACTOR shall
not assign any moneys due or to become due without the prior written consent of the CITY.
The C1'1'¥ and the CONTRACTOR each binds himself, his partakers, successors,
assjEnn and legal representatives to the other party hereto in respect to all convcnants, agreements
and obligations contained in the contract documents.
9. The CONTRACTOR, for good and vahuable consideration shall indemnify,
defend and save harmless the CITY, its officer's agents, and employees, from or on account of
any claims, damages, received or sustained by any person or persons resulting from the work
provided for this Project; or by or in consequence of any negligence in connection with the same;
or by use of any improper materials or by or on account of any use of any improper materials or
2
~i~1/13/2~)04 18:13 FAX 5612784755 CITY ATTORtlEY
by or on account of any act or omission of the said CONTRACTOR or his subcontractors,
agents, servants or employees, CONTRACTOR agrees to defend, indemnify and save harmless
the CITY, its officors, agents and employees, agaln~ any liability arising from or based upon the
violation of any federal, state, county or city law~, by-laws, ordinances or regulations by the
CONTRACTOR, his subcontractors, agents, servants or employees.
COINIRACTOR further agrees to defend, indemnify and save harmless the ell Ir, its
officers, agents, or employe, os from all such claims, fees, and from any and all suits and actions
of every name and description that may be brought against the CITY or its officers, agents or
employees on account of any claims, fees, royalties, or costs for any invention or patent, and
fi.om any and all suits and actions that may be brought against the Cl'l lr, its officers, agents, or
employees for the infringement of any and all patents or patent rights claimed by any person, finn
or corporation.
The indemnification provided above shall obligate the CONTRACTOR to defend at his
own expense or to provide for such defense, at the CITY'S option, any and all claims or liability
and all suits and actions of every name and description that may bc brought against thc CITY, its
officers, agents, or employees which may result from the operations and activities under this
contract whether the work be performed by the CONI'RACTOR, his subcontractor or by anyone
directly or indirectly employed by either. This indemnification includes all costs and fees
including attorney's fees and costs at trial and appellate levels.
10. This Agreement shall be considered null and void unless signed by both the
CONTRACTOR and the OWNER.
01/13/2')04 16:1'~ FAX ~61278~t755 CITY ^TTORNEY ~(mS/ul(~
11. The contract documents constitute the entire agreement between the CITY and
the CONTRACTOR and may only be altered, amended or repealed by a duly executed written
instrument.
IN WITNESS WI~EREOF, the parties hereto have executed this Agreement, the day
and year first above whiten.
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:.
Mayor, JeffPerlman
City Attorney
WHNESS;
CONTRACTOR:
By:.
(Print or Type Name)
(Print or Type Name and Title)
(SEAL)
4
E~l/13/2m)4 18:14 FAX 581278~,755 CTT¥ ^TTORIIE¥ I~(mg/~i~lO
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
Ihe foregoing instrument
,2000 by
agent, title of officer or agent) of
acknowledging), a
of the
was acknowledged before me this day of
(name of officer or
(name of corporation
(state or place of incorporation) corporation, on behalf
corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public
Print, Type or Stamp Name of
Notary Public
5
16:14 FAX 5~1'~784755 CTT¥ ^TTORI~E¥
CE~TI~CATE
(if Corporation)
STATE OF FLOP, IDA
COUNTY OF
)
) ss
)
)
I HEREBY CERTIFY that a meeting of the Board of Directors of
· a corporation under the laws of the State of
held on.2000 the following resolution was duly passed and adopted:
"RESOLVED, that , as
President of the corporation, he/she is hereby authorized to execute the Agreement dated
, 2000, between the City of Delray Beach, Florida, and this
corporation, and that his execution thereof, attested by the Secretary of the corporation
and with corporate seal affixed, shall be the official act and deed of this corporation".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the corporation this day of ,2000.
(Secretary)
(Seal)
6
U1/13/2~n)4 18:14 FAX 5812784755 CITY ATTORNEY
dave bodker
landscape ar~,hit~cour~/plennlng inc.
0 $ 2003
Job #12903
This Agreement is for Landscape Architectural Services between
CITY OF DELRAY BEACH
100 NW 1'~ Avenue
Delray Beach, Florida 3~..d~
hereinafter referred to as the Client
and
DAVE BODKER LANDSCAPE ARCHITECTURE/PLANNING, INC.
75 Northeast 6th Avenue;'Suite 209
Delray Beach, Florida 33483
hi~reinafter referred.to as the Landscape Architect.
The Client's intention' is tohave the La~pe Architect provide planting and
inlgallon.plans for.the medians on Linton Beulevard from congress AVenue' to
Military Trail, Delray Beach, Florida.
The services to be provided by the Landscape An:hitect will include:
2.1
2.2
Site Inventory & Analysis - To become familiar with the site in terms of its
existing Characteristics, vegetation, abutting properties, adjacent roads,
waterways and views which will irtfluence the design.
Preliminary LandScaPe Plans ~ whic~h will illustrate the arrangemer~t of
plant material. The Landscape Plans will comply with the Palm Beach
County Slreetscape Standards. The plant palette shall be agreed upon
by the Landscape Architect and the city prior to design of the landscape
plans.
2.3
'Preliminary Irrigation Plans - which will schematically illumte the head
layout, piping, and zoning of the irrigation system. The Preliminary
,)1/13/2(")~ 1~:1S FAX 5~12784755 CITY ^TTORNEY
:.10ECO$ 2003
St~-,rintendent of Pnh~.S.' '.
2.4 Preliminary Cost Estimate - to evaluate lhe oost of the proposed
landscape' and in'igaliOn improvements:.
Based upon the Client's appro~d.of'ltem~ 2.2,' 2.3,. and 2.4, the Landscape
Architect will proceed with services as follows. Any i, ev~ionS or design changes
after'Client's approve/of Preliminary Landscape Plan(s) will be considered
Additional Servic_A~_ and shall be compensated ~ Item 3.3 herein. ' ",'
2.5
Planting ContraCl ~.: pre~efe CC~dra~ documents indicating the
$izef~e~., 'qUantity.and'U~e.~ :of pfl~ mat~ria~ ~o be used.
These plans will I:~ coordinated with o~ier,~nsultarit$.di~aWings. Wdtten
:specifications will be provided to the city to be included .in the bid
Specifications prepared by the city .....
2.6 ' p .n~g. ntio.n. Cor~_act [:~:~curnents r PP~ ~ dl:,Cumant~ indicating
the location of pumps, head~, centroi .1~, piping, ahd Oth6r'component4
of an irrigation system. Written specEicatlon8 will be p~wided to the city
to be included in the bid specifications prepared by the city.
2.7
2.8
Bidding - The Bidding process will be done by the City of De/ray Beach,
TIse Landscape Architect will. ata~.,,~-pre-bid'cedera~e ai City Hall.
Adderldurne will be provided, e~'PeqUiF'ed~ ai~ openihg Will be held at City
Hall at arima and date lo be desig.na, t, ed by the City of D~iray Beach.
Canstmction Administration - The'~_andscape ArchiteCt wilt attand a pre-
construc~0n meeting with the City, Land.~..al~ Contractor, and the ·
Im'geffoi~ Contra~iur. During the installation of the.plant material and
indga~_.on, s~p~tem, Landscape Architect will conduc~ tefl:(lO) site
~ (5 for planting ~ $ for irrigation): The Landscape Architect
will review plant material substitutions proposed and render e decision es
to a~'- - _~ptability. The' Landscape'Architect wilt review cut sheets and Shop
drawings.faf'the irrigetlonsYstem. The LandSCaPe. Architect will d° site
inspections for pay requests.
2.g
Reimbursable P~trlting and Plotting - will-be included in this agreement, as
required, to produce 32 sets of prints of. planting and h'rigation plans (4
sets et 3'stage~ and 20'sets for.bidding).
2.10 The Lenclscepe Architect Will attend i~t~ings with Palm Beach County
needed to ensure plan approval and will revise the plans to addres~
comments.es a re.~it of these meetings.
2.11 Services no{ tncluded in this Ag~'eemeflt - Electrical, Structural or Civil
Engineering that is related to landscape arch,edurel design.
CITY ATTORNEY
2.12
completeness of all i, ,furrnatton, surveys, and mpof~.pr~ided by the
Client or the Client's consultants.
2. ~ 3 T~ La"d~%e ;A~it.~ v~, ~ the ~ ~.~.ch-~ie copy of ~e
Fees
plans, in Autocad 14 formal The plans will, be in.engineering ~le. Files
,, wi, a,~. ~ e~ma!ed to tho. ~,:~a~o ~ f~ defiver~ to.
DEMAND-$TA.L:~ ' . . ,: ·
The, ~,L¢, r~l...~ ..~.._ ~S,-~ ,fees for. the above deecd .IX~I se~'vicee,wfll I:~
T .'~nt~) . ~ttXxeK~l/ ~ ~.a~. sev~ ~I~S ($~,27S.~)
Praliminmy Landscape Plnns
Pmli~ry C,os~..Est~:mate...
$10,375,00
: [.,:~..'~ c~ ~. '
, Biddi¢~.. ,; ,.-: :, ..:.,
ConstmctJ°n/~lministration
.Reimbursable P~ng .e~d.. Ploffing,.
1,750.00
3,100.00
950,00
3.3 Additk:mal Se~.ces that my be [squired :beyond these, itemized herein
will be billed hourly at a rate of;.
Six~ doilam(,S~0.00) per.mM for
Seventy-five clellars ($75.00) per. hour.for landscape architect;
3.4
One hundred twenty-five dollars ($125.00) per hour for principal.
All fees and hourly rates wiJj. be in effect for one year from the date the
agreement is signed. Any seevic~s performed or additional services
incurred aRe~. that date will be billed ~t ~current rates.
DELRAY BEACH
Memorandum
RII-Amed~a r, ity
Horticulturist
2001
TO:
THROUGH:
FROM:
RE:
DATE:
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
NANCY DAVILA C:~ ~'
LINTON BOULEVARD AGREEMENT FOR LANDSCAPE
ARCHITECTURAL SERVICES
DECEMBER8,2003
ITEM BEFORE THE COMMISSION
The item before the Commission is the consideration of an agreement for
Landscape Architectural Services with Dave Bodker Landscape
Architecture/Planning, Inc. for the development of irrigation and landscape plans
for Linton Boulevard, between Congress Avenue and Military Trail. The scope of
services includes preliminary design through construction administration, in the
amount of $22,27§.00.
BACKGROUND
The City Commission recently entered into a financial assistance agreement with
the County to reimburse the City up to $300,000 for irrigation and landscape
improvements to Linton Boulevard. Plans and specifications need to be
developed for County approval which will enable the beautification of Linton
Boulevard once the widening has been completed.
STAFF RECOMMENDATION
Staff recommends the City Commission give favorable consideration to the
proposed agreement with Dave Bodker Landscape Architecture/Planning, Inc.,
in the amount of $22,275.00. Funding is available in Account # 119-4151-572-
63.20, City Project # 2004-022, and will ultimately be reimbursed by the County.
CITY OF DELRAY BEACH
CONSULTING SERVICE AUTHORIZATION
Date: December 8, 2003
Title: Linton Boulevard Beautification; Irrigation & Landscaping -Agreement for
Consultinq Landscape Amhitectural Services
Consultant Dave Bodker, Landscape Amhitecture/Planninq, Inc.
Address: 75 NE 6th Avenue, Suite 209, Delra¥ Beach, Florida 33483
Phone: 561-276-6311 Fax: 561-276-3869
Service Authorization No. 1
City Purchase Order Number: City Project Number: 2004-022
City Expense Code: 119-4151-572-63.20
Consultant's Project Number: 12903
The attached proposal for landscape amhitectural services will become effective upon
the date executed by the Mayor of the City of Delray Beach.
Approved by:
Date:
Attest:
Jeff Pedman, Mayor
Approved as to Legal Sufficiency and Form
Dave Bodker, Landscape Amhitectural/Planning, Inc.
Date:
Witness:
dave bodker
landsoape architeoture/planning inc.
75 n.e. sixth avenue, suite 20~)
delray beach, florida 33483
561-276-63II-[fax) 561.276.3869
DEC 0 8 2OO3
December 2, 2003
Job #12903
This Agreement is for Landscape Architectural Services between
CITY OF DELRAY BEACH
100 NW 1" Avenue
Delray Beach, Florida 33444
hereinafter referred to as the Client
and
DAVE BODKER LANDSCAPE ARCHITECTURE/PLANNING, INC.
75 Northeast 6th Avenue, Suite 209
Delray Beach, Florida 33483
hereinafter referred to as the Landscape Architect.
The Client's intention is to have the Landscape Architect provide planting and
irrigation plans for the medians on Linton Boulevard from Congress Avenue to
Military Trail, Delray Beach, Florida.
2. The services to be provided by the Landscape Architect will include:
2.1
Site Inventory & Analysis - To become familiar with the site in terms of its
existing characteristics, vegetation, abutting properties, adjacent roads,
waterways and views which will influence the design.
2.2
Preliminary Landscape Plans - which will illustrate the arrangement of
plant material. The Landscape Plans will comply with the Palm Beach
County Streetscape Standards. The plant palette shall be agreed upon
by the Landscape Architect and the city prior to design of the landscape
plans.
2.3
Preliminary Irrigation Plans - which will schematically illustrate the head
layout, piping, and zoning of the irrigation system. The Preliminary
~DE£t~O $~2003
~rr~gatlon
Plans will be coordinated with, and approved by, th~:h~,¥:
Superintendent of Parks. -
2.4
Preliminary Cost Estimate - to evaluate the cost of the proposed
landscape and irrigation improvements.
Based upon the Client's approval of Items 2.2, 2.3, and 2.4, the Landscape
Architect will proceed with services as follows. Any revisions or design changes
after Client's approval of Preliminary Landscape Plan(s) will be considered
Additional Services and shall be compensated per Item 3.3 herein.
2.5
Planting Contract Documents - Prepare contract documents indicating the
size, location, quantity and the species of plant materials to be used.
These plans will be coordinated with other consultants drawings. Written
specifications will be provided to the city to be included in the bid
specifications prepared by the city.
2.6
Irrigation Contract Documents - Prepare contract documents indicating
the location of pumps, heads, controllers, piping, and other components
of an irrigation system. Written specifications will be provided to the city
to be included in the bid specifications prepared by the city.
2.7
Bidding - The Bidding process will be done by the City of Delray Beach.
The Landscape Architect will attend a pre-bid conference at City Hall.
Addendums will be provided, as required. Bid opening will be held at City
Hall at a time and date to be designated by the City of Delray Beach.
2.8
Construction Administration - The Landscape Architect will attend a pre-
construction meeting with the City, Landscape Contractor, and the
Irrigation Contractor. During the installation of the plant material and
irrigation system, Landscape Architect will conduct ten (10) site
inspections (5 for planting and 5 for irrigation). The Landscape Architect
will review plant material substitutions proposed and render a decision as
to acceptability. The Landscape Architect will review cut sheets and shop
drawings for the irrigation system. The Landscape Architect will do site
inspections for pay requests.
2.9
Reimbursable Printing and Plotting - will be included in this agreement, as
required, to produce 32 sets of prints of planting and irrigation plans (4
sets at 3 stages and 20 sets for bidding).
2.10
The Landscape Architect will attend meetings with Palm Beach County
needed to ensure plan approval and will revise the plans to address
comments as a result of these meetings.
2.11 Services not included in this Agreement - Electrical, Structural or Civil
Engineering that is related to landscape architectural design.
2.12
2.13
Fees
3.1
The Landscape Architect shall be entitled to rely upon th~'"-"'
completeness of all information, surveys, and reports provided by the
Client or the Client's consultants.
The Landscape Architect will provide the city an electronic copy of the
plans, in Autocad 14 format. The plans will be in engineering scale. Files
will also be e-mailed to the Purchasing Department for delivery to
DEMAND STAR. ·
The Landscape Architect's fees for the above described services will be
Twenty-two thousand two hundred and seventy-five dollars ($22,275.00)
based on the following:
Site Inventory & Analysis
Preliminary Landscape Plans
Preliminary Irrigation Plans
Preliminary Cost Estimate
$ 575.00
6,800.00
2,700.00
300.00
$10,375.00
Planting Contract Documents
Irrigation Contract Documents
Bidding
Construction Administration
Reimbursable Printing and Plotting
$ 3,500.00
2,600.00
1,750.00
3,100.00
950.00
$11,900.00
Total $22,275.00
3.3 Additional Services that may be required beyond those itemized herein
will be billed hourly at a rate of:
Sixty dollars ($60.00) per hour for dra~tsperson;
Seventy-five dollars ($75.00) per hour for landscape architect;
One hundred twenty-five dollars ($125.00) per hour for principal.
3.4 All fees and hourly rates will be in effect for one year from the date the
agreement is signed. Any services performed or additional services
incurred after that date will be billed at the current rates.
DE£ ~ 8 2003
Billing [~:%¥: __~_.~ ~
4.1 Billing will be made as each service is completed.
4.2 Payment shall be due within thirty (30) days from the date of invoice.
4.3
Payment to the Landscape Architect for services is not contingent upon
approval by governing bodies, issuance of permits, certificates of
occupancy, or any other arrangements of payment the Client has made
pursuant to this project.
4.4 Legal and collection expenses incurred by the Landscape Architect on
overdue accounts will be reimbursed by the Client.
Terms of Agreement
5.1
This Agreement may be terminated by either party with seven (7) days
written notice. The Landscape Architect shall be compensated for
services completed or percentage of services completed prior to receipt of
notice of termination, including reimbursable expenses incurred until that
date.
CITY OF DELRAY BEACH
DATE
ARCHITECTURE/PLANING,
INC.
Date: January 7, 2004 Agenda Item No. q~'C~
AGENDA REQUEST
Agenda request to be placed on:
__ Regular __ Special
When: January 13, 2004
Description of Agenda Item:
Agreement for Landscape Architectural Services for Linton Blvd
Workshop X Consent
Ordinance/Resolution Required: Yes/(~ Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: &~'~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Available' No/~y~
Funding . ~
Funding Alternatives:
Account # & Description: 119-4151-572-63.20
Account Balance: ~{e-~, ¢
(if applicable)
City Manager Review:
Approved for agenda: t~il/No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ ~ - REGULAR MEETING OF JANUARY 13. 2004
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO
HANDLE/CANVASS ABSENTEE/PROVISIONAL BA~ J.OTS AND
REPRESENT THE CITY AT LOGIC & ACCURACY TESTS FOR THE
FIRST NON-PARTISAN ELECTION
DATE:
JANUARY 9, 2004
This is before the City Commission to authorize Theresa LePore, Palm Beach County Supervisor of
Elections, to handle the City's absentee/provisional ballots for the March 9, 2004, First Non-Partisan
Election. Ms. LePore's office is equipped with a computerized system for momtoring ballot requests,
distributions, accounting for unreturned ballots, as well as electronic signature verification. She will
also insure that the absentee ballots are held in safekeeping prior to canvassing. The Supervisor of
Elections should also be authorized to represent the City at the canvassing of the absentee 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 1, 2004 at 10:00 a.m. at the Supervisor of Elections Office, 240 South
Military Trail, West Palm Beach, for the March 9th, First Non-Partisan Election, as well as on election
day both before and after counting of the ballots.
Recommend authorizing the Supervisor of Elections for Palm Beach County to handle/canvass the
City's absentee/provisional ballots for the March 9, 2004, First Non-Partisan Election, and designate
her as the City's representative at the requisite logic and accuracy tests.
Palm Beach County
THERESA LePORE
Supervisor of Elect~ons
240 SOUTH MILITARY TRAIL
WEST PALM BEACH. FL 33415
POST OFFICE BOX 22309
WEST PALM BEACH, FL 33416
TELEPHONE: (561) 656-6200
FAX NUMBER: (561) 656-62B7
VVEBSITE: www. pbcelections, org
QUESTIONNAIRE
PLEASE ANSWER THE FOLLOWING QUESTIONS AND RETURN THIS FORM AND A COPY
OF THE ACTION TAKEN TO APPOINT THERESA LePORE TO YOUR MUNICIPAL
CANVASSING BOARD BY JANUARY 23, 2004.
For your upcoming Municipal Election, if it is NOTon Mamh 9, 2004, 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 Election Day?.
YES NO
Would you like Theresa LePom to:
2. Canvass the Absentee Ballots for the Election?
YES NO
Signature of Municipal Clerk
Municipality
Date
PLEASE RETURN TO THE SUPERVISOR OF ELECTIONS BY JANUARY 23, 2004,
Revised 12J09/2003
[ITY I]F DELRI:IY BEI:I[H
CiTY ATTORNEY'S OFFICE
DELRAY BEACH
TO:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
January 8, 2004
City Commission
D~. T~Ha~en, Ci~Ma~.ager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Public Arts Implementation Committee Resolution
On December 9, 2003, the City Commission agreed to extend the term of the
Public Arts Implementation Committee through June, 2004, and to empower the
Committee to assist the City with Public Art Projects.
The attached Resolution No. 5-04 repeals all previous resolutions, allows for the
continuation of the existing committee memberships, authorizes the filing of
vacancies by the City Commission pursuant to ordinances of the City, extends the
sunset date to June 30, 2004, unless extended further by the Commission and
permits the Committee to assist the City with the Public Art aspects of ongoing
City projects during this time.
The approval of the Master Plan and the authorization for the expenditure of the
remainder of money authorized by the Commission previously will be pursuant to
separate motions and is not included in the ordinance.
By copy to Glen Weiss by email, we are requesting that he notify the remainder of
the Committee of the resolution and its contents.
SAR:s~
Attachment
13, 2004 agenda.
cc: Glen Weiss
RESOLUTION NO. 5-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
RESOLUTION NOS. 26-03, 68-03 AND 67-02 AND
ENACTING A NEW RESOLUTION ESTABLISHING A NINE
MEMBER PUBLIC ARTS IMPLEMENTATION COMMITTEE;
PROVIDING THAT CURRENTLY SITTING MEMBERS MAY
CONTINUE ON THE PUBLIC ARTS IMPLEMENTATION
COMMITTEE, ESTABLISHING THE DURATION OF THE
PUBLIC ARTS IMPLEMENTATION COMMITTEE'S
EXISTENCE; PROVIDING FOR THE COMMITTEE TO
ASSIST THE CITY WITH CURRENTLY ONGOING PUBLIC
ART PROJECTS; PROVIDING A REPEALER CLAUSE, AN
EFFECTIVE DATE AND A SUNSET DATE.
WHEREAS, the City Commission established a Public Arts Implementation Committee and
provided for certain aspects of the Committee's existence through Resolutions 67-02, 26-03 and
68-03; and
WHEREAS, the City Commission desires to repeal all previously enacted resolutions and
enact a new resolution establishing the Public Arts Implementation Committee providing for the
responsibilities and duties of the Public Arts Implementation Committee, and to extend the sunset
date of the Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
their entirety.
That Resolutions numbered 67-02, 26-03 and 68-03 are hereby repealed in
Section 2. That there is hereby established a Public Arts Implementation Committee
consisting of nine members.
Section 3. The members currently serving on the Public Arts Implementation Committee
may continue to serve on the committee in accordance with the terms and provisions of this
resolution and City ordinances. The City Commission will appoint members to fill vacancies in
accordance with the City's Code of Ordinances from time to time as required.
Section 4. That the Public Arts Implementation Committee is empowered to assist the
City of Delray Beach with public art projects that may improve ongoing City construction. The
committee is also empowered to prepare a public art master plan.
Section 5. That the Public Arts Implementation Committee shall sunset on June 30,
2004, unless otherwise extended by the City Commission of the City of Delray Beach.
Section 6.
repealed.
That all ordinances in conflict herewith be, and the same are hereby
PASSED AND ADOPTED in regular session on this the __ day of
2004.
ATTEST:
MAYOR
City Clerk
2 RES. NO. 5-04
Mr. Badesch stated the~e iz potential ability to raise money that people would like
to see stay in Delray for human services. Mr. Badesch stated Mr. Cohen has suggested
developing a concept called "Dollars for Delray" whereby donations would stay in Delray Beach
for Delray Beach residents.
It was the consensus of the Commission to proceed to work with the United Way.
Public Am Needs Assessment- Glen Weiss
Glen Weiss, representing the Delray Beach Public Art Implementation
Committee, gave a brief overview of the Public A~ts Needs Assessment.
Sarah Wiikenson, member of the Public Art Implementation Committee, gave a
brief overview of the Master Plan.
Carolyn Pendelton-Parker, member Public Art Implementation Committee,
requested Commission approval for the following six (6) items:
To approve the Master Plan process as outlined by the Committee
To reauthorize the loan of $15,600
Extend the Implementation Committee through June 2004
Appoint a new Committee Chair
Appoint two (2) new Committee members
Empower the Implementation Committee to assist the City of Delray
Beach with public afl projects that may improve the ongoing city
construction
After brief discussion, it was the consensus of the Commission to approve all six
(6) items as recommended by the Public Art Implementation Committee.
Residentinl Desien GuMelines- Be_.~¢h_ Property Owner~' Associ_mfl_e-
Caty Glickstcin, Truste~ of the Beach Propafly Owners' Association (BPOA),
expressed concern over the single family homes in the beach area being tom down and rebuilt in
a manner that is generating frustration for many beach area residents. Mr. Glickstein briefly
discussed the residential design guidelines.
guidelines.
Hank Schakowsky, Urban Design Studios, briefly discussed thc residential design
Mayor Perlman commended thc effort of the BPOA.
After brief discussion, it was the consensus of thc Commission to authorize the
Beach Property Owners' Association to move forward with staff support.
-3-
12/09103
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~'~
AGENDA ITEM # ~ - REGUI_AR MEETING OF JANUARY 13.
2004/PUBLII~ ARTS IMPLEMENTATION COMMITTEE
JANUARY 9, 2004
On December 9, 2003, the City Commission agreed by consensus to approve the Public Arts
Implementation Committee Master Plan process as presented and outlined and to reauthorize the
loan of $15,600.00.
Funding is available from 115-1702-579-31.90 (Other Professional Services).
Recommend approval of the Public Arts Implementation Committee Master Plan process and to
reauthorize the loan of $15,600.00.
S:\City Clerk\agenda memos\Public A~ts lmplementaiton.01.13.04
Mr. Badesch stated there is potential ability to raise money that people would like
to see stay in Delray for human services. Mr. Badesch stated Mr. Cohen has suggested
developing a concept called "Dollars for Delray" whereby donations would stay in Delray Beach
for Delray Beach residents.
It was the consensus of the Commission to proceed to work with the United Way.
7,Co
Public Arts Needs Assessment - Glen Weiss
Glen Weiss, representing the Delray Beach Public Art Implementation
Committee, gave a brief overview of the Public Arts Needs Assessment.
Sarah Wilkenson, member of the Public Art Implementation Committee, gave a
brief overview of the Master Plan.
Carolyn Pendelton-Parker, member Public Art Implementation Committee,
requested Commission approval for the following six (6) items:
To approve the Master Plan process as outlined by the Committee
To reauthorize the loan of $15,600
Extend the Implementation Committee through June 2004
Appoint a new Committee Chair
Appoint two (2) new Committee members
Empower the Implementation Committee to assist the City of Delray
Beach with public art projects that may improve the ongoing city
construction
After brief discussion, it was the consensus of the Commission to approve all six
(6) items as recommended by the Public Art Implementation Committee.
7.0.
Residential Design Guidelines - Beach Property Owners' Association
Cary Glickstein, Trustee of the Beach Property Owners' Association (BPOA),
expressed concern over the single family homes in the beach area being torn down and rebuilt in
a manner that is generating frustration for many beach area residents. Mr. Glickstein briefly
discussed the residential design guidelines.
Hank Schakowsky, Urban Design Studios, briefly discussed the residential design
guidelines.
Mayor Perlman commended the effort of the BPOA.
After brief discussion, it was the consensus of the Commission to authorize the
Beach Property Owners' Association to move forward with staff support.
-3-
12/09/03
[lTV DF I)ELRI:IV BEI:I£H
DELRAY BEACH
100 NW 1st AVENLJE
DELRAY BEACH. FLORIDA 3341q
561/243-7000
AII-AmericaC~
1993
200l FROM:
SUBJECT:
MEMORANDUM
David T. Harden, City Manager
obert A. Baroinski, Assistant City Manager
AGENDA ITEM # CITY COMMISSION WORKSHOP REGULAR MEETING
JANUARY 13. 2004 SPECIAL EVENT REQUEST - DELRAY AFFAIR
DATE: January 8, 2004
ACTION
City Commission is requested to endome the 42"d Annual Delray Affair to be held April 16-18, 2004 to grant a
temporary use permit per LDR's Section 2.4.6 (H) for use of City property and rights-of-way as requested, to
waive LDR's Section 4.6.7 (D)(3)(j)(ii) to allow signage to be installed moro than one week prior to the event by
April 3rd, to provide staff support as outlined in the attached letter, to handle overtime costs per the new event
policy, to allow banners within the site aroa, to allow all vendor permits to be assigned by the Chamber of
Commerce and to allow this to be the only event held on these dates.
BACKGROUND
Attached is a letter and event permit received from Bill Wood for this years Delray Affair. Also attached is a
basic site plan, budget, private security plan and proof of non-profit status.
Staff has reviewed the attached request from the Chamber of Commerce for the Delray Affair. We support the
request except for the following:
A. Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning the
events proposed on park property.
B. Grant approval of signs per code roquiroments, and allow banners to be placed within confines of the event
site as may be approved by the Community Improvement Director.
C. Allow signage for the event to be put up by March 29th versus March 25t~.
D. Approval of Old School Square site to be approved by Old School Square.
Estimated overtime cost for this event is approximately $50,320, stage rental is $530 and barricade rontal is
$1,200. Last year's actual overtime costs wero approximately $50,825 with the Chamber paying the City
$30,618. Under the new policies the charge for City costs based on the estimate would be approximately
$30,770 plus the barricade rontal costs.
RECOMMENDATION
Staff recommends approval of the Chamber of Commerce's request with staff recommended exceptions,
contingent on receipt of a certificate of insurance and hold harmless agreement.
RAB:tas
File:u:swee ney/eve his
THE EFFORT ALWAYS MATTERS
l elray Affair
64-A 5.E. Fifth Avenue
belray Beach, FL 33483
m~ (561) 278.0424
(56~279-1380 x 22
f~561) 278.0555
chamber~delraybe~ch.com
ww~.delroyaf fair.corn
December 8, 2003
Mayor and City Commission
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RECEIVED
DEC !
CITY MANAGIER
Dear Mayor and Commissioners:
The Delray Affair, celebrating its 42"d anniversary in 2004, is scheduled for April :[6,
17, & 18, 2004 and we would like to request your support once again.
We are very proud of the excellent reputation the event has earned over the last 41
years and we attribute a part of the success to the great relationship we have with
the City of Delray Beach.
The event has a significant economic impact of more than $30 million as measured
in our 1998 Economic Impact Study.* We also are thrilled to share the news of our
most recent accomplishments, one of 200 Best Art Events in the United States
by Sunshine Artist magazine and Top 20 Event in the Southeast by Southeast
Tourism Society. Tt is our hope that these designations, along with others received
in the past, will assist us in our effort to continue to attracting more tour groups and
visitors to Delray Beach during the Affair.
In addition to the letter, an official City of Delray Beach Special Event Permit
Application has been filed with the City Manager's office and a copy is attached for
your review.
Please consider approval of the following Delray Affair items:
1. Endorsement by the City Commission as a City supported event;
Use of City parking facilities for entertainment and exhibitor parking at
Worthing Park, Veterans Park, the City lot behind Hand's, NE 1st Street, and
lot adjacent to Vittorio's Restaurant on Federal Highway northbound just
south of Atlantic Avenue;
Use of all area within Worthlng Park, Veteran's Park, CRA parking lot and the
exterior grounds of Old School Square (please note that a separate request
letter has been sent directly to Old School Square and the CRA);
Blocking off vehicular traffic and parking from:
West boundary: NW 1't Avenue/SW 1st Avenue
East boundary: Intracoastal Waterway
North boundary: NE ist Street
South boundary: SE 1~ Street
Additionally, blocking access to Atlantic Avenue from each side street in this
area from alley to alley and suspension of parking time restrictions;
Provide City staff support with representation from Police, Fire, Streets,
Engineering, Fleet and Facility Maintenance, Community Tmprovement,
Parks & Recreation, and City Managers Office for planning and operation
services;
continued on page 2
Delray Affair - Page 2
Allow this to be the only Commission approved event during the Delray
Affair time frame. Allow all permits to be assigned by the Chamber of
Commerce only, with the exception of the Special Event Parking Lot
Concessions;
Permission to erect signs promoting the event from March 25th through April
19th.
Permission to erect overhead banners within the confines of the Delray Affair
site;
9. City staff overtimes costs to be handled per new event policy.
We sincerely appreciate all of the efforts of the City employees and look forward to a
great Delray Affair in 2004. We hope each of you will be a part of the festivities.
President
cc: Dave Harden, City Manager
Bob Barclnski, Asst. City Manager
Chief Larry Schroeder, Police Dept.
Lt. Geoff Williams, Police Dept./Special Events
Chief Kerry Koen, Fire Dept.
.~ohn Tomaszewski, Asst. Fire Chief
.loe Weldon, Director of Parks & Recreation
Tim Simmons, Supt. Parks Haintenance
Harold Bellinger, Public Works
Orlando Serrano, Traffic Maintenance Supervisor
.lim Schmitz, Supt. Building Maintenance
Gary Buzen, Building Maintenance
Lulu Butler, Director of Community Tmprovement
*Regional Research Associates, 1998
City of Delray Beach
Special Event Permit
Application
PLEASE PRINT
Event NameFritle: D~'/.~/9---A- ~ ~FF/z~ I ~
Event Date(s):
Event Time(s): ~E):
NI-AmericaC~
1993
Event Sponsor/Producer:
Event ContacffCoordinator:
Name: ~m
Address: ~
Telephone Number:
E-mail Address: ~
Even~ Description/Pu rpose:
Sponsor Category (please check)City [] Non-Profit/Charitable~ Private []
Co-Sponsor- Non-Profit/Private []
(If Non-profit attach proof of 501c(3) or (d)) ~ 0 1 C ~ (,*) ~/7~6~ ~
Event Location (Describe area boundaries of event/location):
5E Isr
Site plan attached
(Site plan required for entire event site)
Event budget attached
(Required for all events)
Serving or selling alcoholic beverages
yes v/ no
/
yes v no
yes ~/' no
~fyes, copy of#cense andalcoholl~bilityinsurance required two (~ weeks pdor
to evenO
Event certificate of insurance attached yes no ~/
(Required two (2) weeks prior to event naming the City a¢ additional insured, also
required for vendors)
Playing of amplified music
(Waiver required)
Requesting Police assistance
(traffic control/security)
Will supplement with private security
(If yes, need plan attached)
yes ~/ no
yes ,~ no
yes v/ no
Requesting Emergency Medical assistance yes
Requesting barricade assistance yes v/
Requesting trash removal/clean up assistance yes
Requesting trash boxes and liners
yes
Requesting stage use
(If yes, check type)
Large stage covered
Half small stage []
yes
[] Large stage no cover
Requesting signage
Type: Event sign
no
no
no
no
no
[] Small stage ~
no
yes
Directional signs ,/
,/
Food and beverage vendors
If yes, approximate number
Health Department approval
Banner hanging
(Waiver required if more than one (1) week prior to event)
yes ~
yes ~'
Other vendors yes ~'
Tents yes ~
(If yes, tent permits and fire inspections maybe needed)
Indicate dates required /V~. ~5-~-jo~'. iq
no
no
no
no
Will the event include amusement rides yes no
(If yes, type and location and copy of liability insurance required)
Will the event be gated
(Show on-site map)
yes no
,/
2
Will there be fireworks or other pyrotechnics yes no v/
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas
(If yes, contact Fire Marshall)
yes ~ no
Will you be providing port-a-lets for the event yes.
no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event
(If yes, indicate ticket prices)
yes no ~
Is reserved parking requested
(If yes, indicate locations)
yes no J
Event Contractor/Coordinator Date
Please print: L~ ~ I~i 4J~.q'5
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Onlj//
I
Date Received /~/.11
Application fee received $
Site map
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage,
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or le_l~t_~r
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
INTERNAL R=VENUE SERVICE
Jack~onvt] ]~, ¥1orlda
?. o.~ ~ 3~
Ap~ ~, 1967
'De~ra~ Beach Ch~.~er of Con~eree
D~l=a~ B ach, Florida
FormL,, ! 79
&3/~: PD,'4 :md.
JAX :EO: 67-k30
SS~C'r~ON SO'Ici ( 6 I
Jack3onvfl] ] s, Flai--ida
December 31
On the basis of your stated purposes and the understandinq that your operations wi][ continue as
evidenced to dote or will con[arm to those proposed in your ruling application, we have concJuded
[hat you are exempt [rom F'edera! income tax under Ihe provisions of [he internal Revenue Code
section lad[coted above· Any changes in operations [rom those described, or in your character or
purposes, must be reported immediately to your Disb'ict Director for cansideraHon of [heir et[eot
upon your exempt status. You must aJso report any chanqe in '/o~ name or address.
You ore not required to [H~ F'edero income ~'~x re~brns so Ion..' a :~ ~ -
un!es., you are subleot to the tax on ,re c Jd bus n~s
in ~'4~ich event you are required to file Form 9g0*T. You ore required to IHe un inlormation return,
Form 990, anauaJly on or before the 15th day at the Jihh month after the cJose at yo~ annuc~[
accountln~ period indicated above·
¥oa ute Jiabie for the taxes imposed under the FederaJ [,sutance Contributions Act (social security
toxss}; and [or the tax imposed under the F'edemJ Unemployment Tax Act it you have [our or more
indivl'duaJs in your employ.
Any questions concerning excise, employment or other F'ederaJ loxes should be submitted to
This is a determination letter.
~ Very truJy
District Director
.i
2004 DELRAY AFFATR
April 16, 17, & 18
Proposed Budget
ZNCOME
EXPENSES
Entry Fees $ 206,000
Contract Services 3,500
Sponsorships 59,000
Merchandise Sales (other income) 9,500
TOTAL REVENUE
$ 27~000
Personnel-Administrative
Entertainment/Exhibitor/Photography
Professional Retainer Fees
Waste Control & Disposal
Shuttle Bus Services
City Services
Security & Licenses
Equipment & Facility Rental
Sponsorship Sales/RecogniUons
Event Signs & Banners
Advertising-Print/TV/Radio
Office & Administrative
Event Supplies & Purchase
Printing Expenses
Merchandise Sales Expense
TOTAL EXPENSE
$27,350
21,800
7,500
12,000
5,000
30,000
3,050
8,050
4,100
2,100
6,900
6,800
2,100
2,250
9,000
$ 148,000
TOTAL SURPLUS
$130,000'
* Event surplus remains in Greater Delray Beach Chamber of Commerce Operating Budget to fund other chamber programs and
activities, including, but not limited to: Governmental Affairs, Tourism, Education and 3oint Venture.
DELRAY AFFAIR 2004
PRIVATE SECURITY DETAIL
6:00 a.m. - 3:30 p.m.
11:00 a.m. - 4:00 p.m.
6:00 p.m. - 5:00 a.m.
6:00 p.m. - 5:00 a.m.
Friday, April 16
Hand's Parking Lot
(monitoring VIP/merchant/employee/resident
parking)
Atlantic Plaza (inside courtyard area and back
parking lots)
Old School Square (overnight security)
Atlantic Plaza and Veteran's Park (overnight
security)
6:00 a.m. - 3:30 p.m.
11:00 a.m. - 4:00 p.m.
6:00 p.m. - 5:00 a.m.
6:00 p.m. - 5:00 a.m.
Saturday, April 17
Hand's Parking Lot
(monitoring VIP/merchant/employee/resident
parking)
Atlantic Plaza (inside courtyard area and back
parking lots)
Old School Square (overnight security)
Atlantic Plaza and Veteran's Park (overnight
security)
6:00 a.m. - 3:30 p.m.
11:00 a.m. - 4:00 p.m.
Sunday, April 18
Hand's Parking Lot
(monitoring VIP/merchant/employee/resident
parking)
Atlantic Plaza (inside courtyard area and back
parking lots)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~L - REGULAR MEETING JANUARY 13. 2004
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JANUARY 9, 2004
Attached is the Report of Appealable Land Use Items for the period January 5, 2004 through January
9, 2004. 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.
~\City Clerk\agenda memos\ apagrnem.01.13.04
TO:
THRU:
FROM:
DAVIi~T. HARDEN, CITY MANAGER
JASMIN ALLEN, PLANNER
SUBJECT:
MEETING OF JANUARY 13, 2004 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS JANUARY 5, 2004 THRU
JANUARY 9, 2004
The action requested of the City Commission is that of review of appealable actions which
were made by various Boards during the period of January 5, 2004 through January 9,
2004.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting, the
appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E)
of the LDRs applies. In summary, it provides that the City Commission hears appeals of
actions taken by an approving Board. It also provides that the City Commission may file an
appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of the
Commission as an appealed item.
No meeting of the Planning and Zoning Board was held during this period.
A. Approved (6 to 0, Dan Carter absent), an amendment to the master sign program
relating to the placement of the tenant and fiat wall signs on the east elevation for the
Washington Mutual Plaza located at the southwest corner of South Federal Highway
and SE 10th Street (1010 and 1020 South Federal Highway).
B. Approved (6 to 0), an exception to the master sign program for The LoCarb Center,
th
located within Aspen Towers Plaza, on the east side of SE 6 Avenue (northbound Federal
th th
Highway), south of SE 8 Street (851 SE 6 Avenue).
City Commission Documentation
Appealable Items Meeting of January 6, 2004
Page 2
C. Approved (6 to 0), a request for a color change for Delray Park of Commerce Tract E
- Building A, an existing industrial building within Delray Park of Commerce which is
located at the northeast corner of Congress Avenue and Lake Ida Road.
D. Approved (5 to.0. Mark Gregory stepped down), a request for a color change for
Federal/10th Off, ce Complex, a commercial development currentl~ under construction
located south of SE 10th Street between SE 5th Avenue and SE 6"' Avenue (1110 and
1120 South Federal Highway).
E. Approved ( 6 to 0), a request for a color change for Shell Oil, located at the southeast
corner of Linton Boulevard and SW 4th Street (380 Linton Boulevard).
F. Approved (6 to 0), a Class I site plan modification and architectural elevations
associated with the modification of the roof and fa(}ade changes for 269 SE 5th Avenue,
an existing commercial building located on the east side of SE 5th Avenue (southbound
Federal Highway), south of SE 2nd Street.
G. Approved (6 to 0), an internal adjustment to allow a reduction from the required 10'
perimeter setback to 4' for a single family residence within the Abbey Delray South
complex located south of Linton Boulevard, east of Homewood Boulevard (2310 SW
17th Circle).
H. Approved (6 to 0), a Class I site plan modification and architectural elevations
associated with the installation of new windows at Park Avenue BBQ, located the
northeast corner of SE 5~h Avenue (southbound Federal Highway) and SE 10th Street.
Granted (6 to 0), an 18 month extension (expiring July 14, 2005) for Chambers
Medical Center, located on the south side of West Atlantic Avenue, approximately 150
feet east of Whatley Road.
J. Approved (5 to 0, Gary Eliopoulos stepped down), a Class V site plan, landscape plan
and architectural elevations associated with the construction of four 2-story townhomes,
to be known as Bankoff Townhomes, located on the west side of Seabreeze Avenue,
approximately 150 feet north of East Atlantic Avenue. Concurrently, the Board
approved a waiver to the requirement for one tree to be planted every 25' between
commercial or industrial areas and residentially zoned properties or properties in
residential use. Additionally, the Board recommended that the City Commission
approve a waiver to the requirement that a front setback of not less than 5' and not
greater than 10' be allowed, so that a front setback of 25'6" may be provided.
1. Approved with conditions (6 to 0, Francisco Perez-Azua stepped down), a Certificate of
Appropriateness for the construction of a single family home for the O'Neal Property,
located at the northwest corner of NE 2nd Avenue and NE 9th Street.
City Commission Documentation
Appealable Items Meeting of January 6, 2004
Page 3
2. Tabled (6 to 0, P, andee Schatz stepped down), a Class II site plan modification and a
Certificate of Appropriateness to allow the elimination of an approved parking lot and
the installation of a garden area for Handelsman Yellow Building, located at the
northeast corner of SE 5th Avenue and SE 1st Street. The Board tabled the request to
allow the applicant to present an alternative plan showing the rear office building being
demolished and replaced with parking and the installation of the proposed garden area.
3. Tabled (7 to 0), a Certificate of Appropriateness associated with elevation changes for
10 NE Sth Street, a non-contributing single family residence located on the south side of
NE 5th Street, east of Swinton Avenue. The Board voiced several concerns with the
proposed elevation changes and requested that the applicant be present to address
those changes.
4. Approved (6 to 1, Jamison dissenting), a Class I site plan modification and a Certificate
of Appropriateness associated with the installation of signage and new casement
windows and storm panels for the House of Vintage, located on the east side of South
Swinton Avenue, south of SE 1st Street (123 South Swinton Avenue).
5. Approved (6 to 0, Francisco Perez-Azua stepped down), a Class I site plan modification
and a Certificate of Appropriateness associated with elevation changes for Tapas, a
proposed restaurant located at the southeast corner of East Atlantic Avenue and
Swinton Avenue (8 East Atlantic Avenue).
By motion, receive and file this report.
Attachment: Location Map.
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
January 13, 2004
~r /
S.P.R,A,B.:
A, WASHING TON MUTUAL pLAZA
B. THE LOCARB CENTER
C. DELRAY PARK OF COMMERCE
TRACT "E~ - BUILDING "A"
D. FEDERAL / 'lOTH OFFICE COMPLEX
E. SHELL OIL
F. FINKEIS TEIN / 269 S.E. 5TH AVENUE
G. ABBEY DELRA Y SOUTH
H. PARK A VENUE BBQ
L CHAMBERS MEDICAL CENTER
J. BANKOFF TOWNHOMES
H.P.B.:
'I, O'NEAL PROPERTY
2. HANDLESMAN YELLOW BUILDING
3. SCHNEIDER RESIDENCE
4. HOUSE OF VINTAGE
5. TAPAS
CI3Y LIMITS
ONE MILE
To: David Harden, City Manager ~ (~/.~
From: Lula Butler, Director, Community Improveme
Date,- January 9, 2004
Re:
Request for Appeal of a Decision by the Site Plan Review and Appearance Board Decision
for a Waiver to Section 4.6.7(G)(3)(d) of the Land Development Regulations
ITEM BEFORE THE COMMISSION:
Consideration of a request from the agent representing the Marriott Residence Inn, located at 1111 E.
Atlantic Avenue for a waiver to Section 4.6.7(G)(3)(d) of the Land Development Regulations goveming
signs. This waiver request was considered by the Site Plan Review and Appearance Board (SPRAB) at
their regular meeting on December 3, 2003. The Board voted 6-0 to deny the request.
BACKGROUND:
Section 4.6.7(G) (3) (d) of the Land Development Regulations stipulates that free standing signs located
within the standard setback may not exceed 20 square feet in size. The initial sign presented and
permitted was graphically depicted showing a copy of 18.2 square feet. The new sign installed failed its
final inspection because it exceeded the 20 sq. ft. allowed by cede. Several months later, staff issued a
violation notice to the property owner since we did not receive voluntary compliance to the cede.
The agent subsequently submitted a request to SPRAB to support a waiver to Section 4.6.7(G)(3)(d) of
the LDR's stating that the odginal sign manufacturer is out of business, that all other conditions of the
permit were met, and the sign has been in place for almost a year with no complaints from the public.
SPRAB voted 6-0 to deny the request stating that the agent did not demonstrate a hardship, and the
sign could easily be fixed by changing out the panel to meet code.
Section 2.4.7(B) of the LDR's allows the City Commission to grant waivers to this section of the code
after making a finding of fact based on one of the following:
That the sign:
· Shall not adversely affect the neighboring area
· Shall not significantly diminish the provision of public facilities
· Shall not create an unsafe situation; and
· Does not result in the granting of a special privilege in that the same waiver would not be
granted under similar circumstances on other property for another applicant or owner.
RECOMMENDATION:
Staff recommends that the City Commission uphold the decision by SPRAB to deny the request which
will require the owner to replace the sign panel in compliance with code requirements.
LB:DQ
8355 GARDEN ROAD, RIVIERA BEACH, FL 33404
(561) 863 - 3660 FAX -* (561) 863 - 3661
December 18, 2003
Ms. Lula Butler
City of Delray Beach
~00 N.W. First Ave
Delray Beach, FL 33444
Re;
Case# SI-03-19946
Marriott Residence Inn
1111 East Atlantic Ave
Permit # 02-82688
Dear Ms. Butler:
We have requested an appeal to the City Commission from the SPRAB meeting for a waiver
to the sign code due to extenuating circumstances.
On December 10th I was requested to put in writing the extent of the extenuating
circumstances and herewith comply with that request. The existing monument sign had a
permit issued based on submitted drawing #4247D by Sign Craft. The sign square footage
was graphically depicted on the approved and permitted set of plans showing a copy of 18.2
square feet. The manufacturing company, Collins Signs, calculated the copy area by
squaring off each line for a total of 18. 2 square feet and the code allows for 20 square feet.
When a final inspection was requested, the copy area was determined to be too large as it
was measured by squaring off top to bottom, left to right for a total of 28. 6 square feet.
We would request the Commission to approve a waiver to the sign code and overturn the
SPRAB board decision based on the following: 1) A permit was issued and the sign met all
other conditions; 2) the original sign manufacturer is out of business (Collins Sign); 3) the
sign has been installed for the past 12 months with no complaints from the public.
We would appreciate your consideration in this matter. P!ease feel free to contact me for any
additional needed information.
...... President
Sign Craft
Cc: Barbara Garito
Tom McMurrian
Dec 19 03 09:11a p.~
8355 GARDEN ROAD, RIVIERA BEACH, FL 33404
(561) 863 - 3660 FAX -. (561) 863 - 3661
December 18, 2003
Ms. Lula Butler
City of Delray Beach
100 N.W. First Ave
Delray Beach, FL 33444
Re:
Case~ S 1-03-19946
Marriott Residence Inn
1111 East Atlantic Ave
Permit # 02-82688
Dear Ms. Butler:
We have requested an appeal to the City Commission from the SPRAB meeting for a waiver
to the sign code due to extenuating circumstances.
On December 10th I was requested to put in writing the extent of the extenuating
circumstances and herewith comply with that request. The existing monument sign had a
permit issued based on submitted drawing #4247D by Sign Craft. The sign square footage
was graphically depicted on the approved and permitted set of plans showing a copy of 18. 2
square feet. The manufacturing company, Coffins Signs, calculated the copy area by
squaring off each line for a total of 18. 2 square feet and the code allows for 20 square feet.
When a final inspection was requested, the copy area was determined to be too large as it
was measured by squaring off l~op to bottom,/eft to rght for a total of 28. 6 square feet.
We would request the Commis,,~ion to approve a waiver to the sign code and overturn the
SPRAB board decision based c,n the following: 1) A permit was issued and the sign met all
other conditions; 2) the orig nal sign manufacturer is out of business (Collins Sign); 3) the
sign has been installed for the past 12 months with no complaints from the public.
We would appreciate your consideration in this matter. P!ease feel free to contact me for any
additional needed information.
~ncerely, ~ ,,
Sign Craft
Cc: Barbara Garito
Tom McMurrian
Date: January 9, 2004 Agenda Item No.
AGENDA REQUEST
Agenda request to be placed on:
X Regular __ Special Workshop Consent
When: January 13, 2004
Description of Agenda Item:
Request to Appeal SPRAB Decision - Marriott Residence Inn - 1111 E. Atlantic Avenue
Ordinance/Resolution Required: Yes / No
Recommendation: ~l~x~
Department Head Signature:
City Attorney Review/Recommendation (if applicable)
Draft Attached: Yes / No
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description: 119-4151-572-63.20
Account Balance:
(if applicable)
City Manager Review:
ApprovedHold Until:f°r agenda: ~/No ~
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
TO:
THRU:
FROM:
SUBJECT:
DAW[ T//' RD ER
JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECT~
MEETING OF JANUARY 13, 2004
CONSlDE~TION OF A REQUEST FOR AN EXTENSION TO A PREVIOUSLY
APPROVED WAIVER TO LDR SECTION 2.4.6(H) (TEMPORARY USE
PERMITS) TO ALLOW AN OFF-SITE TEMPO~RY SALES OFFICE FOR THE
BELLA VISTA DEVELOPMENT (FKA CALYPSO BAY).
The Chief Building Official has authority to approve temporary sales offices when they are
located on the same property as the actual development. As this sales office was located off-
site in an adjacent single family residence, City Commission approval of a waiver to Section
2.4.6(H)(3) (Temporary Use Permits) was necessary.
At its meeting of October 15, 2002, the City Commission approved the waiver for the utilization
of an adjoining existing single family home as a temporary off-site sales office for Calypso Bay,
a 6-unit townhouse project to be located on the west side of Gleason Street approximately 100'
south of Miramar Drive. The approval was based upon positive findings to LDR Section
2.4.7(B)(5), subject to the following conditions:
1. That a landscape plan be submitted for approval by the City Horticulturist;
2. That the sales office be permitted for a period not to exceed twelve (12) months; and,
3. That the only sales operation to be conducted from this location be for the six (6) unit
development known as Calypso Bay.
The single family residence has been converted to a sales office and the associated parking
and landscaping improvements have been installed. The developer has decided not to proceed
with the townhouse proposal (Calypso Bay) and has redesigned the site to an 8-unit
condominium development known as Bella Vista. At its meeting of November 5, 2003, SPRAB
(Site Plan Review and Appearance Board) approved the proposal. It is anticipated that the
associated plat will be submitted within a few weeks.
Due to the redesign to accommodate the 8-unit condominium development, the applicant has
requested a 6-month extension from the October 15, 2003 expiration date to April 15, 2004.
Based upon the above, a 6 month extension is appropriate, which in essence will result in only 3
months from this City Commission meeting. Positive findings with respect to LDR Section
2.4.7(B)(5) can be reaffirmed subject to the condition that the only sales operation to be
conducted from this location is for the adjacent eight (8) unit condominium development.
By motion, approve the extension to the previously approved waiver to LDR Section 2.4.6(H) for
the utilization of an existing single family home as a temporary off-site sales office for Bella
City Commission Documentation
Meeting of January 13, 2004
Extension of a Temporary Use Permit for a Sales Office Associated with Bella Vista
Page 2
Vista, based upon positive findings to LDR Section 2.4.7(B)(5), subject to the following
conditions:
1. That the sales office be permitted for a period not to exceed six (6) months (through April
15, 2004); and,
That the only sales operation conducted from this location is for the eight (8) unit
condominium development known as Bella Vista to be constructed on the adjacent
property.
Attachments:
· Letter of Request
Location Map
IN A CLASS OF ITS OWN
December 8, 2003
via fax and hand delivery
Jeffrey A. Costello, A.I.C.P.
Assistant Planning Director
100 N.W. 1st Ave.
Delray Beach, FL 33444
RE: 1020 Miramar Dr. (Bella Vista)
Dear Mr. Costello:
We would like to respectfully request approval of a one time six (6) month extension at
the above referenced property. As you may recall this location had previously been
provided the opportunity to be utilized as a sales office for a project that was referred to
as, Calypso Bay. During the most recent SPRAB meeting we presented a new
condominium project, Bella Vista that received unanimous approval by the board.
We are pleased to announce that we have procured a limited number of sales at Bella
Vista and look forward to progressing to the construction phase of this project. We
would appreciate staff's support and the Commission approval to provide us the
opportunity to continue to utilize this location as a sales office. We understand that any
approval will be retroactive from the date of expiration (October 28th, 2003) of our
previous approval. This sales office is located directly adjacent to Bella Vista and
provides our firm and its customers the ideal opportunity to become acquainted with the
project and its surrounding area.
In closing; I would like to add that we appreciate the City's support and consideration
regarding this matter.
Director of Operations
R CF'IVFD
DEC n 8 003
ASM/dd
PLANi' JNG & ZONING
ISOUTI-IPOINT
1020 Miramar Drive I Delray Beach, Florida 33483 I 561 265.0160 I www. southpointllc.com
II
VETERANS
PARK
ATLANTIC
SPANISH,
RI VER
RESORT
9ELRA Y
MARRIOTT
AVENUE
BELLA VISTA
CONDOMINIUMS
LOCATIONMAP
SALES OFFICE Sl~
PROPOSED DEVELOPMENT
BOUNDARIES
S
BELLA VISTA
CONDOMINIUMS
LOCATION MAP
ADJASENT PROPERTY
PROPERTy BOUNDARIES
SUPPLEMENTAL DATA
AERIAL PHOTOGRAPHY DA TE;
JANUARY 2~03
/
S
TO:
THRU:
FROM:
SUBJECT:
DAVID T~ ~AGER
PAUL DORLING, DIRECTS)R/OF PLANNING AND ZONING
ROBERT G. TEFFT. SE., PL*..ER
MEETING OF JANUARY 13, 2004
REQUEST FOR WAIVER OF REQUIREMENT TO PROVIDE A TEN FOOT (t0')
LANDSCAPE BUFFER ABUTTING THE WALLACE DRIVE RIGHT-OF-WAY
The subject property consists of Lot 6, Esquire Subdivision, which is located on the west side of
Wallace Drive approximately 365' south of SW 10th Street and is zoned Mixed Industrial and
Commercial (MIC). The subject property is also located within the Wallace Drive
Redevelopment Area. The property contains a one-story single-family dwelling and three (3)
detached one-story accessory structures.
At its meeting of December 17, 2003, the Site Plan Review and Appearance Board (SPRAB)
approved a site plan, landscape plan and architectural elevations associated with a
development proposal consisting of the following:
[] Demolition of approximately 445 square feet of the existing single-family dwelling
and all three (3) of the detached accessory structures;
[] Conversion of the balance of the single-family dwelling (1,292 square feet) to office
use;
[] Construction of a 1,542 square foot office/warehouse addition;
Construction of a six (6) space parking lot with loading area at the southwest corner
of the property and one (1) compact parking space at the southeast corner within the
required ten foot (10') landscape buffer; and
[] Construction of internal walkways, sidewalk (within Wallace Drive right-of-way) and
associated landscaping.
In addition, the Board granted the following internal adjustment and waiver for the development
proposal:
[] An internal adjustment to reduce the depth of the required dead-end parking tier
maneuvering area from six feet (6') to four feet (4') [LDR Section 4.6.9(D) (4) (c)]; and
[] A waiver to reduce the required width of the landscape buffer along the south and
west sides of the parking area from five feet (5') to two feet-six inches (2'-6") and one
foot (1'), respectively [LDR Section 4.6.16(H) (3) (d)].
The Board also made a recommendation of approval for a waiver to LDR Section 4.4.19(H) (2),
which requires the provision of a ten foot (10') wide landscape area abutting the Wallace Drive
right-of-way. This waiver request is now before the City Commission for action.
Pursuant to LDR Section 4.4.19(H) (2), within the front yard setback, the first ten feet (10')
abutting the right-of-way shall be a landscaped area within which no paving shall be allowed
except for driveways and walkways leading to structures on the premises. The development
proposal locates a compact parking space within this required landscape area reducing it to a
depth of five feet (5'). The applicant has requested that a waiver be granted to the above
requirement. The following is an analysis of that request:
Waiver Analysis:
Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make
a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; or
(d) Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or
owner.
While granting the requested waiver would not adversely affect the neighboring areas or
significantly diminish the provision of public facilities, it could likely result in the creation of an
unsafe situation. The location and the position of the compact parking space could be utilized in
a manner allowing someone to back-out directly onto Wallace Drive. This would not be
permitted pursuant to LDR Section 4.6.9(D) (2). Further, there is no need for the waiver as the
required ten foot (10') buffer can be easily accommodated. The compact parking space and the
adjoining walkway could be shifted toward the west and the full landscape buffer provided.
Additionally, the compact parking space could be converted to a standard parking space
through a minor modification to the existing planter.
Granting the waiver as requested would result in the granting of a special privilege given the fact
that through a relatively minor adjustment the required landscape buffer can be accommodated.
It is recommended that the waiver request be denied and that the compact parking space be
changed to a standard parking space and the space and walkway shifted toward the west.
By motion, deny the waiver request to LDR Section 4.4.19(H) (2) to reduce the depth of the
required landscape buffer from ten feet (10') to five feet (5'), based upon a failure to make
positive findings with respect to LDR Section 2.4.7(B) (5); and require the site plan modifications
necessary to comply with the LDR.
A~tachments: Site Plan and Sketch of Proposed Changes
'I'm David Harden, City Manager m ~',J.-.~
F~,om.' Lula Butler, Director, Community Impmvemen
Date:. January 9, 2004
Re: Request for Reduction of Liens/SW 11th Avenue
ITEM BEFORE THE COMMISSION:
Consideration of a request from Mr. Jim Drosakis, Director of Real Estate Operations for
ADM Properties, LLC Buyers Investment Group, to release a portion of the liens assessed for
abating nuisances for two (2) vacant lots located within the second block of SW 11th Avenue.
The lien amounts are $4,742.06 and $3,560.55 for vacant parcels identified as lots 1 & 6 of
block 9 within the Atlantic Gardens subdivision.
BACKGROUND:
The Buyers Investment Group acquired both of these lots through tax certificates at a cost of
$4,110 for lot #1 and $4,765.16 for lot #6. New single family homes are proposed to be
constructed on both lots. The investment group is seeking a 100% release of liens but would
accept a partial release equal to the accrued interest and administrative fees assessed on
each lot. These amounts are $3,012.80 for lot f¢1 and $2,375.32 for lot fl6. The reduction
and release of liens in these amounts would be consistent with City Commission policy
goveming this action. The owner's application, letter of request and documentation of
assessed liens is attached for your reference.
The area where the two lots are located is zoned RM. Zoning does not change under the SW
Neighborhood Plan; single family infill housing units are permitted as long as they comply
with the Land Development Regulations goveming the R-lA zoning requirements.
RECOMMENDATION:
Staff recommends approval of the request from ADM Properties, LLC Buyers Investment
Group, Inc. to reduce the amount of the outstanding liens assessed to the property
represented in the applications in the amounts of $3,012.80 and $2,375.32 providing that the
outstanding balance representing the City's actual out-of-pocket costs are paid within 30 days
of City Commission approval. The release of the liens shall be coordinated with the
submission of building permits for single family homes for both lots.
LB:DQ
Attachments
THE AFFORDABLE HOME COMPANY
...................................................................................................
1400 Allendale Road, Suite 1
West Palm Beach, FL 33405
Phone: 561-656-4447
Fax: 561-656-4469
December 5, 2003
City of Delray Beach
Ms. Lula Butler, Director
Depattment of Community Improvement
100 West 1~ Avenue
Delray Beach, FL 33444
Re: Request for Reduction of Municipal Liens
Dear Ms. Butler:
This letter is in regards to a request of Municipal Liens on the following properties:
1. SW 11t~ Avenue, Atlantic Gardens Delray Lot 6, Block 9, Delray Beach, Florida,
PC # 12-43-46-17-23-009-0060
2. SW l Ia Avenue, Atlantic Gardens Defray Lot 1, Block 9, Delray Beach, Florida,
PC #12-43-46-17-23-009-0010
Our finn is requesting that a full release of these liens be granted. In the altomafive of a full waiver, we
are requesting a waiver of any and all administrative costs and interest charged on these properties. Our
intent once the liens have been waived is to construct new single-family residences to be owner occupied.
Enclosed you will f'md the appropriate Request for Reduction of Municipal Liens Forms for each of these
properties, along with a copy of a proposed floor plan for the single family home residence.
Again, as stated in our meeting, the City of Lake Worth is doing full waivers and the City of West Palm
Beach is accepting fll%en pereeut (15%) of their original amount.
We would appreciate any end all consideration in accomplishing this objective. Please feel free to contact
me on my mobile phone at 561-662-3202 with any questions or comments.
~tor of Real Estate Operations
Cc: David Harden, City Manager
JD:kh
RECEIVED
DEC ! 0 2003
COMM. iMP. ADMIN.
Customer # 129
Buyers Investment Group Limited
SWll~Avenue
· Vendor Payments
* Recording
· Administrative Charges
· Interest
$1,686.18
43.08
Total
$1,729.26
Total
Total
$ 955.00
$2,057.80
Total $ 4,742.06
HOV.10,2003 3:55PM CITY OF DELRAY BEACH H0.047 P.4×5
City of Deiray Beach
Department of Community Improvement
REQUEST FOR REDUCTION OF M.UNICIPAL L
I. Please complete the information listed below as the requester for lien r
· Requester's Name (if business, please list company name a~d e~
· Ad'ess:
· Contact Telephone Number: (t::~lol~10GLt~- I.~qq-? ·
· E-mail address: fll~ ~en~ ~ ~a~.~M
2. Plebe in,cate if the comply listed in I. above (if applicable) is:
For Profit
Non-Profit
3. Property information - Describe the property for which tl'fis request is
· Address: .~11) I}-b/'~ ~/PFItl-P~
· Property Conrrol Number (PCN):
· Legal Description:
ENS FORM
duction,
ntact person):
hag made:
HOV. 10.2003 3:55PM CITY OF D£LRAY BE.ACH h¢).047 P.5/5
4. Property acquisition information:
· Date of Purchase: ~)~i
· Method ofPuxchase - Warranty Deed, Tax Certificate, etc.:
* Purchase Price $ L}; IlO , ~
5, Briefly describe exactly what you are requesting fi.om fl~e City:.
~ ~'~ ~ ,~-/i bed
6. Briefly describe the purpose for which subject property will be utili:
proposed timetable for implementing such use:
7. H~ve you requested lien reducfious al ~y o~cr time from the City
If so, when ~d on what prop~y:
(or owner s age~t) Signature
Agent's Title
ed a~d your
I 40
. d ?mt-
~ Delray Beach?
(~OtvO
ibmitted
Recorded in Palm Beach County 06/18/2003 10:59:10 AM Dorothy H. Wilken
O.R. BKJPG 15395~;73 20030358738 AMT 4,110.00 Do~ Stamp 29.40
Dorothy H WilkeS,
STATE OF F~O ~R.[I~_~
The follo~g Ta~ i~ ~hfica~ N~r*d 15341 ~ued on May 31, 2~ w~ filed on t~ Officc of thc Tax Coll~mr oft~s
Co~ ~d application ~ for~s~ce of a ~x dec& thc applic~tt ~ving paid or r~ all o~e~ ~xes or [a~ s~le .
~ificams o. ~ l~a &scrib~quirea by taw ~o ~ paid or rea~a, a.d m~ co~ and expenses of tMs ~[e, a~a a~e l~Ot~ce
of sale ~v~g been publish~imd by ~w, and no person e~fitled to do ~ having appe~ed to redeem smd tuna; such ano
su~ ~
~ST PALM B~CH,F~RIDA 33405 · (~ ~
being t~ highest bi.er and having pai~f ~s bid as required by ~e Laws of Florida.
NOW, ~is 18th ~y of June, 2~3 ~e ~n~ of Palm Beac~ Sm~e of Flori~, ~ co~ideration of ~c s~ of
($ 4, 110.00) FOUR THOUSA~ O~ ~N~EN ~D ~ / 100----Dollam, ~i~ the a~t paid purs~m of the ~ws of
Florida does h~rcby sell file followh~g ~ds si~ thc Cou~ and State ~d descd~d as follo~:
LT~ B~ 9
"~'~z% DOROTHY H. wlL~N
~' P ~. PALM BEACH CO~TY
[,~TA~ OF ~LOaIDA
CO~ OF PALM BEAC ~..~
Clerk of ~e C~cuit Coufl m and for ~ S~te and ~s Co~ ~o~ to mc to be ~&scdbed in ~d who cxecuted
foregoing i~n~nt, and ac~,owlcdgcd ~c ex~ution of this i~nt to be he~¥t a~ deed for the u~ ~d p~se
thcre~ ~tioned, who is personally kno~ to me and w~ did not take an oa~. 'xy~/~
Wimes~ my hand and official seal date aforesaid.
Customer # 382
ADM Properties, LLC
SW 11th Avenue
· Vendor Payments
· Recording
Total
· Administrative Charges
· Interest
Total
Total
$1,149.63
35.60
$1,185.23
$ 770.00
$1,605.32
Total $ 3,56O.55
City of Delray Beach
Department of Community Improvement
REQUEST FOR REDUCTION OF M.UNICIPAL I
I. Please complete the information listed below as the requester for lien
* Requester's Name (if business, please list company name ~nd
Ab, Ct Prol~tie~ ~
· Address:
· Contact Telephone Number: (.r-"J, OI") (oSb-Ht-iq-I
, E-mailaddress: alan ¢Fic.~-,,.cf'~{'~-') yahoo,P_x3N~
2. Please imlieate if the company listed in I., above (if applicable) is:
J~ For Profit
[] Non-Profit
3. Property information - Describe the property for which this request is b~
· Address: ..~ } [ ~c~ ~C_.~
· ProperW Con~ro! Number (PCN):
t_2_&5_._, qt0 -£7_-_4~-.0 o_~-_0o_~o__
· Legal Description:
lENS FORM
tuction,
ntact pemon):
;lng made:
MOV.10.*~3 3:55PFI ~.IIY U~' DLLNHY ~-HUH iD.U',,
& Property acquisition information;
· DatcofPurchasc: ,~f"J~btY~ [], 2--~O79
· Me~od of P~ch~e - W~ Dead, T~ C~ificate, etc.:
5. Briefly describe cxactly what you ~e requesting ~om fl~c Cit~
6. Briefly describe the purpose for which abject property will be utili:
proposed timetable for implementing such use:
7. Have you requested lien reductions at my o~er time from the City
If so, when ~d on what prepay:
led and your
~o
t' D¢lray Beach?
O~fe(r (or owner's agent) Signature
Agent's Title
Da~e S
.bmitted
Date: January 9, 2004 Agenda Item No. q~
Agenda request to be placed on:
X Regular __ Special
When: January 13, 2004
Description of Agenda Item:
AGENDA REQUEST
Workshop Consent
Request to Reduce Liens - SW 11th Avenue - Atlantic Gardens
Ordinance/Resolution Required: Yes / No
Recommendation: Approval
Department Head Signature: ~~,4
City Attorney Review/Recommendation (if applicable)
Draft Attached: Yes / No
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description: 119-4151-572-63.20
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda: s)/No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
Melllo
1'o; City Commission
Fmm~ David Harden ~
I)ate; January 9, 2004
Re~ Proposal to Change Police/Fire Pension Multiplier
At the September 16, 2003 Work Session, the Commission discussed the request from the
Firefightem and Police Officem to increase the multiplier for their pension plan from 3% to
3¼%. The majodty of the affected employees have voted to request that the City adopt this
increase, funding it by increasing the required employee contribution from 3% to 9.79% of
their salary. As background material for the Work Session, I presented the Commission with
a position paper (copy attached); explaining reasons why I do not recommend the increase,
and why I consider the funding method recommended by the affected employees as unfair.
The conclusion of the Work Shop was that the staff should request that our actuaries cost out
a number of different alternatives, using both different assumptions on eamings and salary
increases, the multiplier increase and the impact of making the multiplier increase optional.
Attached is a copy of the cover letter from the actuary together with a memo from Joe Safford
which summarizes the response we received from the actuary, beginning on page four of his
memo. The Commission also asked that we look at the possibility of separating the
Police/Fire Pension Plan into two separate plans, and the impact of proposed legislation
changing the minimum benefits requirement of the Police portion of the plan. A letter from
Jim Linn addressing these two issues is also attached.
The City Commission further directed City Management to work with the affected employees
to bring back a proposal which they could all support.
Unfortunately, obtaining cost data from the actuary took much longer than expected. After
obtaining that data, representatives of the parties met to consider vadous options fro
increasing the multiplier from 3% to 3¼%. The options outlined for consideration were as
follows:
Options for Increasing the Police/Fire Pension Multiplier to
3%%
0 0
1. Include only future service. Employee contributions increase from 3 ~ to 5.19 Yo.
Include only futura service, but allow employees to pumhase past service by paying the actuarial cost.
The City could pay the cost of the actuarial studies. This follows the model of what was done in the
General Pension Plan. Employee contributions increase from 3% to 5.19%.
Include past service, but use a vadable contribution rate. For example, employees hired on or after
Mamh 1, 1999 would contribute 5.19%. Those hired between Mamh 1, 1994 and February 28, 1999
would contribute 7.49%. Those hired between Mamh 1, 1989 and February 28, 1994 would contribute
9.79%, and those hired before March 1, 1989 would contribute 12.09%. The City would pay the
additional cost, which I estimate would be about $80,000 - $90,000 per year.
Include past service, but going to the 3%% multiplier would be at the employee's option. If the employee
opted for the 3 % %, that employee's contribution rate would be 9.79%. The added cost of past service
not being paid by employee contributions would be paid by the City. If 30% of the affected employees
elected not the go to the higher multiplier, then the added cost to the City would be 0.75% of payroll (the
difference between request 8 and request 11 as described in Mr. Safford's memo), or about $100,000. If
less than 30% of the affected employees elect to stay at the 3% multiplier, then the City's added cost
would be reduced.
Include past service but only increase the employee contribution to 5.19%. The City would pay the
additional 4.6% of payroll required to cover the actuarial cost of the past service. The additional cost to
the City would be about $600,000 per year.
The employee representatives stated that either option four or five would be acceptable to
them. A less costly variation of five, which was not discussed but which I believe would be
acceptable to the affected employees, would be for the City to pay pa~l but not all of the past
service cost. For example, the employee contribution could be increased back to 7.33%,
which it was for over ten yearn. In that case the City's cost would be about $325,000
annually, since 1% of payroll is about $133,000.
The mason why I am so passionate in opposing the funding approach brought forward by the
employees is that I consider it immoral for the City to use its power over employees to take
away 4.6% of the salary paid to our younger, lower paid employees and give it to our older,
higher paid employees. If you apply the Rotary Four Way Test, I believe that increasing
everyone's mandatory pension contribution to 9.79%, at best, violates the "Is it fair to all
concerned?" test. If we am to increase the pension benefits for service in prior yearn, then I
believe the City should pay for it from general revenues, and not by a tax on our lower paid
employees
Recommendation: I still recommend that the pension multiplier should remain at 3% for all
the reasons outlined in my position paper. However, if the majodty of the Commission
determines that the multiplier should be increased to 3%%, then I recommend that the
increase be funded using one of the options outlined above. If the Commission decides to
use option four or five, or a variation of five as suggested above, then we recommend that the
change be implemented as follows:
The multiplier would increase to 3%%, and the employee's contribution would increase
for all current employees unless they opted to keep the 3% contribution and 3%
multiplier. An employee who elects to stay at 3% could at any time in the futura elect to
increase their multiplier for futura service to 3%% and increase their pension contribution
accordingly. At that time they could also increase the multiplier for past service by paying
the actuarial cost of the increase.
2. New employees would also be given a choice of the 3% or 3%% multiplier, and would
have the options as outlined in one above.
ePee2
Once an employee elected to go to the 3~% multiplier, they could never go back to 3%.
Commission direction is requested conceming:
1. Should the multiplier be increased to either 3t/~% or 3%%?
2. If so, the how should the increase be f~nded?
3. Should the increase be optional for employees?
With direction on these questions the City Attomey's office can proceed with drafting any
necessary ordinance.
· Page 3
GABRIEL, ROEDER, SMITH & COMPANY
Consultants & Actuaries
301 East Las Olas Blvd. · Suite 200 · Ft. Lauderdale, FL 33301-2254 · 954-527-1616 · FAX 954-525-0083
December 22, 2003
Mr. Joseph Safford
Director of Finance
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Flodda 33~.~.~.
Re: Police and Firefighters Retirement System
Dear Joe:
Pursuant to your request, we have determined the actuarial impact of several proposed
changes in benefits under different scenarios. There are seven different items for
analysis in your November 17th letter and four more in your December 17th e-mail.
Basic results are summarized in the enclosed table. More detail is included in a copy of
the enclosed spreadsheets, such as, the change in the present value of future benefits,
the unfunded actuarial liability, the annual payment on the unfunded liability and the
normal cost.
Items 2 and 4 of your December 17th e-mail inquire about the effect if some members of
the System elect not to contribute more in order to obtain an increased multiplier. The
way we have derived our estimates is by assuming that members with the least amount
of service would elect not to contribute more. For example, under the scenario that
10% would elect not to contribute more, we assumed that the 10% of members with the
least service would make up this group. We believe that this assumption provides the
most conservative results.
Item 3 of your December 17th e-mail asks for reSults 5, 10 or 15 years from now if those
who initially elect not to raise their contribution then elect to pay for the higher multiplier.
There are 18 different combinations of answers included in this question. Because the
analysis includes projections of results in future years, we would have to do a
considerable amount of additional work that would not be completed for three to four
weeks. Additionally, our time charges for this analysis would likely be between $8,000
and $12,000. Before proceeding with this project (item 3), we would like to receive
confirmation that you wish us to do so. Once you review the enclosed results, you may
feel that the additional information is not necessary.
Mr. Joseph Safford
Director of Finance
City of Delray Beach
December 22, 2003
Page Two
For six of the studies, you asked us to use assumptions that differ from those employed
in our annual Actuarial Valuation Report. While we are pleased to provide this
information, we must point out that the altemate assumptions do not represent our best
estimate of future experience.
Finally, the one study pertaining to the inclusion of up to 300 hours of overtime pay in
pensionable compensation is not completed yet. Lisa Castronovo will be forwarding
results of this study to you on Tuesday or Wednesday. I will be on vacation and will
return to the office on January 5th, 2004.
We welcome your questions and comments.
Sincerely yours,
J. Stephen Pa
JSP/or
Enclosures
GABRIEL, ROEDER. SMITH & COMPANy
MEMORANDUM
RECEIVED
.JAN - 9 200/,
CITY MANAGER
To;
From:
Date:
David T. Harden, City Manager
Joseph M. Saftbrd, ,~e Director
January 9, 2003
Subject: Review of Actuarial Costing Alternatives (Revised)
This mcmorandmn is issued to stumnarize and discuss the actuarial costiug of various
requests sent to the Police and Firefighters Pension Plan actuary.
February 18,r2003, Steve Palmquist issued a Supplemental Actuarial Valuation Report to
Jim Tabeek, Fire Inspector Lieutenant and IAFF Union Representative, in response to the
ibllowing:
Raising the present service multiplier t¥om 3.0% per year of service (with a 75%
maximum) fbr members who have completed 20 years of service to 3.25% (with
an 81.25% tnaximum). This would be valued to include all pastservice and the
cost would be bom by the members only (no City contribution).
· Employees would have to contribute an additional 3.39% of salary subject
to pension contributions (total contribution would be 6.39%)
Raising the present service multiplier from 3.0% per year of service (with a 75%
maximum) ibr members who have completed 20 years of service to 3.50% (with
an 87.50% ~naximum). This would be valued to include all past service and the
cost would be bom by the members only (no City contribution).
· ~mployees would_have lo con~ri~ute an additional 6.79% of salary subj~e~t
to pension contributions (total contribution would be 9.79%)
The Police Benevolent Association 0PBA) and the International Association of Fire
Fighters (IAFF) voted on these alternatives and selected number 2 (3.5% multiplier with
an 87.50% maximum tbr all service and a total contribution rate of 9.79%)
Mav~ 2003, Police & Firefighters Pension Plan Board discussed the proposed benefit
changes
_May 2~2003, William Adams, Police and Firefighters Pension Board Chairman, issued
correspondence to David Harden, City Manager, requesting that the benefit multiplier be
presented to the City Commission.
June .10~ 2003, Steve Palmquist issued a Supplemental Actuarial Valuation Report to
Joseph Saflbrd, Finance Director, in response to the fbllowing:
2
Raising the present service multiplier from 3.0% per year of service (with a 75%
maximum) for members who have completed 20 years of service to 3.25% (with
an 81.25% maximum). This would be valued to include only future service and
the cost would be bom by the members only (no City contribution).
· Employees would have to contribute an additional 1.10% of salary subiect
to pension contributions (total contribution would be 4.10%)
Raising the present service multiplier from 3.0% per year of service (with a 75%
maximum) for members who have completed 20 years of service to 3.50% (with
an 87.50% maximum). This would be valued to include only future service and
the cost would be bom by the members only (no City contribution).
· Employees would have to contribute an additional 2.19% of salary subject
to pension contributions (total contribution would be 5.19%)
June 27, 2003, David Harden, City Manager, issued correspondence to William Adams,
Board Chairman, responding to his May 23ra letter. This correspondence contained a
position paper explaining his opinion on (1) the purpose of pensions, (2) why certain
cities have higher multipliers, (3) the fact that our multipliers are competitive with other
state plans, (4) that the proposed multipliers are not entirely fair to all participants, (5)
that there could be an impact on future recruitment and retention, (6) other options, and
(7) alternative options for implementing the proposed benefits.
September 11, 2003, David Harden, City Manager, issued correspondence to the City
Commission expressing that, due to the investment smoothing technique, it will be years
until the Police & Fire Pension Plan again reaches the 8.5% actuarial assumption for
investment returns and that the City will have to continue to pickup the plan losses for
several years.
October 14, 2003, David Harden, City Manager, issued a memorandum to Joseph
Safford, Finance Director, directing to have an actuarial costing of the 3.25% and 3.50%
benefit increases using an investment retum assumption of 8% and a salary increase
assumption of 7.9% since these were the average results in the Plan for the past 25 years.
In addition, he requested the actuary comments on the option of allowing a one-time
election during the course of their career of a 3.5% benefit increase.
October 21, 2003, Joseph Saflbrd, Finance Director, issued correspondence to Steve
Palmquist, Plan Actuary, requesting the costing mentioned in the October 14th memo
from the City Manager. In addition, a request was made to consider a Police non-
disability retiree the option of 300 hours of overtime in their retirement calculation or the
receipt of a retirement benefit enhancement.
November 17, 2003, Joseph Saflbrd, Finance Director, issued revised correspondence to
Steve Palmquist, Plan Actuary, requesting the following:
3
· 3.25% multiplier with a maximum of 81.25% for all years of service using
a revised investment assumption of 8% and salary increase assumption of
7.90%
· 3.51Y'A multiplier with a maximum of 87.5~A for all years of service using
a revised investment assumption of 8% and salary increase assumption of
7.90%
· 3.25% multiplier with a maximum of 81.25% for all future years of
service using a revised investment assumption of 8% and salary increase
assumption of 7.90%
· 3.50% multiplier with a maximum of 87.50% for all future years of
service using a revised investment assumption of 8% and sala~ increase
assumption of 7.90%
· A one-time election during the course of the employee's career for
selecting a 3.5% multiplier for all future years of service based upon
current Plan assumptions
· A one-time election during the course of the employee's career for
selecting a 3.5% multiplier for all future years of service based upon
revised Plan assumptions
· The option for Police non-disability retirees to select either a retirement
'calculation based upon up to 300 hours of overtime or a retirement benefit
enhancement
December, 2003, a meeting was held at City Attorney's Office with David Harden, City
Manager, Joseph Safford, Finance Director, Jim Linn, City Pension Attorney, Larry
Schroeder, Police Chief, Kerry Koen, Fire Chief, Lieutenant Jim Tabeek, IAFF
Representative, Chuck Jeroloman, PBA Representative and Susan Ruby, City Attorney,
regarding benefit changes and alternatives. In addition, Steve Palmquist, Plan Actuary,
and Steve Cypen, Board Attorney, were on conference phones.
December 17, 2003 the City Attorney issued additional items to be reviewed by the Plan
Actuary to include the following:
· The increase in the member contribution rate required to fund a 3.5%
multiplier for all years of service
· The impact on a member contribution who chooses a 3.5% multiplier of
the multiplier is optional and 10%, 20%, 30% of active member choose
not to have the 3.5% multiplier
· If those members that chose initially not to select the 3.5% multiplier elect
the 3.5% multiplier 5 years, 10 years, or 15 years later for (a) future
service only or (b) for all service - what would be the impact on the
member contribution rates of those that previously elected the 3.5%, and
what effect would that have on the current members electing the 3.5% for
both (a) future years of service and (b) all years of service
· If all firefighter/paramedics choose the 3.5% but 0%, t0%, 20%, or 30%
of the police officers choose not to participate, what would the
4
contribution rote be for the (a) firefighter/paramedics and (b) the police
officers at 0%, 10%, 20%, 30%
December 22, 2003, Steve Palmqulst, Plan Actuary, m.sued correspondence in response to
the November 17t~ and December l'Pa requests. The original requests and the responses
can be summarized as follows:
(1) Request: What would be the required City contribution for current
benefit levels assuming the revised inve~hnent assumption of 8% and
salary increase assumption of 7.90%?
Response: City contribution would Increase from 21.93% of payroll to
31.19% or an increased cost of $1,233,161
(2) Request: What would be the required City contribution for a 3.25%
multiplier with a maximum of 81.25% for all years of service using a
revised investment assumption of 8% and salary increase assumption of
7.90o/0?
Response: City contribution would increase bom 21.93% of payroll to
35.24% or $1,772,526
(3) Request: What would be the required City contribution for a 3.50%
multiplier with a maximum of 87.50o/o for all years of service using a
revised investment assumption of 8% and salary increase assumption of
7.90%?
Response: City contribution would increase from 21.93% of payroll to
39.29% or $2,311,606
(4) Request: What would be the required City contribution for a 3.25%
multiplier with a maximum of 81.25% for all future years of service using
a revised invest~ent assumption of 8% and salary increase assumption of
7.90%?
Response: City contribution would ~ncrease from 21.93% of payroll to
33.23% or $1,504,903
(5) Request: What would be the required City contribution for a 3.50%
multiplier with a maximum of 87.50% for all future years of service using
a revised investment assumption of 8% and salary increase assumption of
7.90%?
Response: City contribution would increase from 21.93% of payroll to
35.22% or $1,768,879
5
(6) Request: What would be the required City contribution for a 3.5%
multiplier with a maximum of 87.50% for all future years of service using
present investment and salary assumptions and assuming that members
electing this 3.5% option contribute their increased amounts?
Response: City contribution would not increase from 21.93% of payroll.
Employee con~ibution would increase to 9.75% of payroll when election
is made.
(7) Request: What would be the required City contribution for a 3.5%
multiplier with a maximum of 87.50% for all future years of service using
revised investment and salary assumplious and assuming that members
electing this 3.5% option contribute their increased mounts?
Response: City contribution would not increase from 21.93% of payroll.
Employee contribution would increase to 9.75% of payroll when election
is made.
(8) Request: What would be the required employee contribution for a
3.5% multiplier with a maximum of 87.50% for all years of service for all
members using present actuarial assumptions and no increase in City costs
to fund this benefit?.
Response: City conU'ibution would remain at 21.93% of payroll and
member contributions would increase from 3.00% to 9.75% except those
that opt not to have this benefit and have their conlribtrdon stay at 3.00%
(9) Request: What would be the required employee contribution for a
3.5% multiplier with a maximum of 87.50% for all years of service for
90% of all members (10% elect not to select the 3.5% option) using
present actuarial assumptions and no increase in City costs to fired this
benefit?
Response: City contribution would remain at 21.93% of payroll and
member contributions would increase from 3.0(P/o to 10.00% except those
that opt not to have this benefit and have their contribution stay at 3.00%
(10) Request: What would be the required employee contribution for a
3.5% multiplier with a maximum of 87.50% for all years of service for
80% of all members (20% elect not to select the 3.5% option) using
present actuarial assumptions and no increase in City costs to fund this
benefit?
Response: City contribution would remain at 21.93% of payroll and
member contributions would increase from 3.00% to 10.25% except those
that opt not to have this benefit and have their contribution stay at 3.00%
6
(11) Request: What would be the required employee contribution for a
3.5% multiplier with a maximum of 87.50% for all years of service for
70% of all members (30% elect not to select the 3.5% option) using
present actuarial assumptions and no increase in City costs to fund this
benefit?
Response: City contribution would remain at 21.93% of payroll and
member contributions would increase from 3.00% to 10.50% except those
that opt not to have this benefit and have their contribution stay at 3.00%
(12) Request: What would be the required employee contribution for a
3.5% multiplier with a maximum of 87.50% for all years of service using
present actuarial assumptions and no increase in City costs to fund this
benefit assuming that 100% of firefighters and 90% of police officers
select this benefit (10% of poliec officers do not select 3.5% benefit)?
Response: City contribution would remain at 21.93% of payroll and
member contributions would increase fi.om 3.00% to 9.90% except those
that opt not to have this benefit and have their contribution stay at 3.00%
(13) Request: What would be the required employee contribution for a
3.5% multiplier with a maximum of 87.50% for all years of service using
present actuarial assumptions and no increase in City costs to fund this
benefit assumin~ that 100% of fin:fighters and 80°.4 of police officers
select this benefit .(20% of police officers do not select 3.5% benefit)?
Response: City contribution would remain at 21.93% of payroll and
member contributions would increase from 3.00% to 10.00% except those
that opt not to have this benefit and have their contribution stay at 3.00%
(14) Request: What would be the required employee contribution for a
3.5% multiplier with a maximum of 87.50% for all years of service using
present actuarial assumptions and no increase in City costs to fund this
benefit assuming that 100% of firefighters and 70% of police officers
select this benefit (3~/O of police officers do not select 3.5% benefi0?
Response: City contribution would remain at 21.93% of payroll and
member contributions would increase from 3.00% to 10.00% except those
that opt not to have this benefit and have their contribution stay at 3.00%
(15) Request: What would be the impact on required City contributions if
300 hours of overtime were included in earnings for Police Officers only
using present actuarial assumptions?
7
Response: City contribution would increase from 21.93% of payroll to
23.08% of payroll or $363,607
It is noted that the Actuary did not respond to one multi-tiered question that wood
involve some 18 different calculations and a cost estimated at $8,000 to $12,000. He felt
that the current information wood give ns some indication as to our answers without this
_a~tcl~fional cost.
This summary should bring us up-to-date with everything that has happened regarding
the proposed benefit increases (3.25% and 3.5%). Please contact this office if we can be
of timber assistance.
Cc:
Susan Ruby, City Attorney
Larry Schroeder, Police Chief
Kerry Koen, Fire Chief
James Tabeek, IAFF Repreaentative
Chuck Jeroloman, PBA Representative
Helping Shape
Florida's Future*
Eric Ash
Kristln Bennett
W. O. Birchfleld
Jody Lane Brook~
William G. Capko
Beth Ann Carisou
MIchelle Dlffenderfer
Robert P. Dlffenderfer
Kenneth W. Dodge
Amy M. Dukes
Brenna Malouf Durden
Laura Jacobs Feagin
Roslynn M. Fergusen
Wayne E. Flowers
John W. Forehand
Walter E. Forehand
Melissa Gross-Arnold
Kevin S. Hennessy
R. Steven Lewis
Terry E. Lewis
James W. Llnn
Anne Longman
G. Stephen Manning
David E. Ramba
Kenneth G. Spilllas
Edwin A, Steinmeyer
Glenn E. Thomas
Stephen A. Walker
www.llw-law.com
Jacksonville O~ce
9428 Baymeadows Road
Suite 625
Jacksonville, Florida 32256
(904) 737-2020
Fax: (904) 737-3221
Tallahassee Office
Post Office Box 10788 02302)
125 South Gadsden Street
Suite 300
Tallahassee, Florida 32301
(8~0) 222-5702
Fax: (850) 224-9242
LEWIS, LONGMAN
ATTORNEYS AT LAW
&W KER,
REPLY TO: TALLAHASSEE
PRIVILEGED AND CONFIDENTIAL
ATTORNEY WORK PRODUCT
MEMORANDUM
TO:
Susan Ruby, City Attorney
City of Delray Beach
FROM: Jim Linn
DATE:
October 20, 2003
Police and Fire Pension Issues
This responds to your request for an analysis of two issues concerning thc
City's Police and Firefighters Retirement System.
Splitting the Current Combined Plan into Two Separate Plans - the
police/fire pension plan was created many years ago as a "combined" plan,
covering all City police officers and firefighters. It is legally possible to split
the combined plan into two separate plans, one for police officers and one for
firefighters. The City could accomplish this through an ordinance which
would create two separate pension plans and funds, with a separate board of
trustees for each. Prior to the split, the assets and liabilities of the pension fund
would need to be allocated to the two new funds. After the split, the two
pension plans would operate in much the same manner as the combined plan
does now, except that there would be an attomey, actuary and consultants for
each plan, who may or may not be the same. Chapter 175 and 185 premium
tax revenues would continue to be distributed to the plans. However, instead
of all the 175 and 185 monies going into one combined plan, Chapter 175
revenues would go into the fire plan and Chapter 185 revenues would go into
the police plan (this year the police fire plan received $607,000 in Chapter 175
revenues and $576,000 in Chapter 185 revenues).
The advantages and disadvantages of splitting the plan are:
We~t Palm ~each Or, ce
1700 Palm Beaeh Lakes
Boulevard, Suite 1000
Weet Palm Beach. Florida
33401
(56~) 64o-0820
Fax: (561) 640-8202
Memorandum
October 20, 2003
Page 2
Advantages
Police pension issues could be handled separately from fire issues. This could allow the
City to more effectively address issues that primarily affect police officers or fireflghters,
but not both groups. The City could more easily pursue different bargaining strategies
with the police and fire unions concerning pension issues.
Each of the separate pension boards might be more aligned with and accountable to its
members, and members might feel that the separate boards better represent and reflect
their interests.
Disadvantages
The composition of the separate boards could diminish the City's influence and control
over pension board decisions. The combined plan now has a pension board consisting
of 9 members as follows:
The Mayor
2 members appointed by the City Commission
The Police Chief and Fire Chief, or designees
2 police officers elected by police officers
2 firefighters elected by flrefighters
The new separate pension boards would are required by state law to have five members,
as follows:
o 2 residents appointed by the City Commission
o 2 police officers (firefighters) elected by plan members
o A fifth member selected by the other four
As a practical matter, many police and fire pension boards with the above 5-member
composition are dominated by un/on representatives. Often the "fifLh member" is
selected by and sides with employee/union representatives on many issues.
Additional administrative expenses for the operation of two separate plans can be
expected. Each board would have its own attorney, actuary and consultants, who may
or may not be the same. And each board might decide to handle its plan administration
differently, rather than through the City.
· The new separate boards can be expected to be more closely aligned with the respective
union. In many cities, police and fire pension boards have effectively become the
Memorandum
October 20, 2003
Page 3
bargaining representative for plan members on pension benefit issues. Unions seem
happy to let the pension board present pension issues directly to the city commission,
bypassing the collective bargaining process. In this way pension benefits are separated
fi.om the rest of the "economic pie," and the cost of pay raises (for example) is not offset
by the cost of pension benefits.
Effect of"Extra Benefits" Legislation - for the past two years state police and fire unions have
aggressively pushed for legislation that would amend the definition of "extra benefits" in
Chapters 175 and 185, Florida Statutes. The extra benefits amendment would essentially put into
law the policy that the Division of Retirement has followed for the past three years. The
Division's policy (incorporated into a proposed rule earlier this year) requires local governments
to spend all premium tax revenues received above the amount received for 1997 on extra pension
benefits for police officers and firefighters - benefits greater than those provided to general
employees and greater than the benefits adopted prior to March 12, 1999 (the effective date of
Chapter 99-1, Laws of Florida -- the 1999 legislation revising Chapters 175 and 185). This
policy penalizes many cities and districts that adopted extra benefits for police officers and
firefighters before 1999, and shifts an increasing portion of the cost of those benefits to the cities.
The Division's interpretation of "extra benefits" was included in five different bills in 2002 and
2003. None of the bills passed. The police and fire unions can be expected to continue to pursue
legislation that amends the definition of "extra benefits" to conform to the Division's policy and
proposed rules.
The League of Cities' and five individual cities filed an administrative challenge to the Division
of Retirement's proposed rules on extra benefits earlier this year. The administrative law judge
issued a final order in the rule challenge case on September 23, 2003. The ALJ ruled against the
cities, and found the extra benefits rule to be a reasonable interpretation of the law. The League
of Cities is now considering an appeal of the ALJ's order. A notice of appeal must be filed by
October 23, 2003.
The Division of Retirement has already applied its "extra benefits" policy to the City of Delray
Beach. In a letter dated July 10, 2003, Division of Retirement Administrator Trish Shoemaker
advised that Chapters 175 and 185 require that all premium tax revenues in excess of the 1997
amount should be used first to provide the minimum benefits required by Chapters 175 and 185.
The only minimum benefit that the City's police/fire pension plan has not met is the definition of
"compensation" for police officers.
In essence, Shoemaker concluded that the 1999 state legislation controls over conflicting
provisions of the 1993 pension agreement between the City, the police/fire pension board and the
police and fire unions, insofar as how premium tax revenues must be used. Shoemaker states
that the premium tax revenues in excess of the 1997 amount must be used to provide the
Memorandum
October 20, 2003
Page 4
expanded definition of compensation before it can be used for the annual benefit adjustment
provided by the 1993 agreement. This will result in less revenues going to the annual benefit
adjustment. In Shoemaker's view, premium tax revenues must be shifted fi.om the annual benefit
adjustment (paid to all current and future firefighter and police retirees), to provide the expanded
definition of compensation for police officers. Shoemaker directed the pension board to have its
actuary review the plan and update his analysis of the plan's compliance with Chapter 99-1.
This was done in September, and as a result the pension board's annual report was revised to
show that $405,000 is being held "in reserve" to implement the expanded definition of
compensation. Presumably this money was shifted fi.om the benefit enhancement account, which
previously had a balance of $1.4 million. I have outlined my thoughts on the City's possible
responses to the Division's action in a memo dated July 17, 2003, and in subsequent phone
conversations.
Because the Division of Retirement has already applied its policy on "extra benefits" to the City,
and unless the City decides to contest the policy, I do not believe the enactment of legislation
that incorporates this policy will have any further effect on the City. In my judgment, the
legislation does not do anything more than the Division's current policy and proposed rules.
Applied to the City, the extra benefits policy will likely result in a shift of some premium tax
revenues fi.om the benefit enhancement to the expanded definition of compensation. But once
funding is provided for the compensation definition, all future premium tax increases can go
back into the benefit enhancement account (Shoemaker specifically stated this in her July 10
letter).
Please call me if you have any questions concerning these matters.
JW't/es
Proposed Multiplier Increase
For Police/Fire Pensions
The majority of our Police officers and fn'efighters have voted to request that the
multiplier used for calculating their pension benefit be increased from 3% per year of
service to 3 ½% per year of service. The employees involved propose to pay for this
benefit increase by increasing their contribution to the pension plan from 3% to 9.79% of
their compensation. The purpose of this paper is to discuss various factors which the
Commission should take into consideration in deciding how to respond to this request,
and to give you my recommandations.
The Purpose of Pensions.. When considering any major change in pension benefits, I
believe one should start by considering why we have a pension plan and the ultimate goal
of peosion plans in general.
In general, the purpose of a pension plan is to ensure that when someone retires, they will
have an adequate income for the remainder of their life. For purposes of this discnssion,
let's assume that one would enter the work force in their late teens or early twenties, and
work for 40 years before retiring. If the person in our example accrued a pension or
retirement benefit equal to 2 ½% per year for each year in the work force, they would be
able to retire with a pension equal to 100% of their average final compensation.
Our police and fire pension plan currently pays a benefit of 3% for each year of service to
anyone retiring after 20 years of service. Thus someone retiring after 20 years of service
receives a pension of 60% of their average final compensation, or 75% after 25 years.
And, unlike most private sector pensions, this benefit is payable i .mroediately upon
retirement with 20 or more years of service. Furthermore, beginmng after the 25th
anniversary of the employee's date of hire, the pension benefit is increased between one
and four percent annually to offset inflation. Since 1958 the City ha~ also provided
Social Security coverage for Police Officers and Firefighters. A Firefighter or Police
Officer retiring after 25 or more years of servicc would, upon reaching Social Security
retirement age, receive combined pension and Social Security benefits equaling or
exceeding their salary while working.
When considering further increasing retirement benefits for public employees, I believe
several questions need to be asked:
1. How large a retirement benefit is it appropriate to require taxpayers to support for
public employees? Should taxpayers be required to support retirement bcncfits
excoeding the wages an employee earns while working?
2. Is it reasonable to expect ones entire retirement benefit to be funded from half of
ones working life?
Why Have a High Multiplier? Statewide there are 321 Fire and/or Police pension plans
operating pursuant to F.S. 175/185. These plans have multipliers ranging from a low of
1.7% to a high of 4%. Accepting for a moment the argument that one should not expect
to acquire more than half of ones pension benefits in half of ones working life, then is
there any justification for having a high multiplier, looking at the issue philosophically?
There are indeed two reasons which would justify a high multiplier: (1) If the pension
benefit has no built in cost of living adjustment, then a high beginning benefit would
offset, to some extent, the effects of future inflation; and (2) There are some cities which
do not provide Social Security coverage. For these cities, a high multiplier would offset
the absence of this benefit.
I must point out, however, that there are cities which provide COLA's and Social
Security coverage and still have a high multiplier.
Is our multiplier competitive? As previously stated, our current multiplier for anyone
retiring with 20 or more years of service is 3%. Of the 321 comparable plans in the state,
only 47 have a multiplier greater than 3%. Slightly over half of the plans are at the 3%
multiplier. (See attached graph) Looking at 18 plans in Palm Beach, Broward, and Dade
counties, eight pwvide for a multiplier exceeding 3%for some portion of the employee's
service, but only two exceed 3% for ail service. (See attached graph) I would also point
out that our multiplier was 2 ½% for many years and was just increased to 3% for those
retiring with 20 years or more of service in 1999.
In my opinion, our current multiplier is still competitive in both the statewide and the
local labor market. The multiplier appears to be more important to firefighters than to
police officers in deciding where to accept employment, but I believe that take home pay
is much more important to both than pension benefits.
Is the proposal fair to all participants? The proposal is to increase the multiplier to
3 ½% for all service, both prior and future, ofcorrcotly active employees. As was noted
in the introductory paragraph, the cost of this benefit increase is 6.79% of payroll. At my
request, our actuaries have determined the cost of increasing the multiplier for future
service only. This cost is 2.19%. In other words, the police officer or fucfighter we jnst
hired this year would be forced to pay 4.6% of his or her salary so that the employee who
retires immediately after this change can receive thi~ increased retirement benefit flee of
charge. To me, this is grossly unfair. It would be wrong for the City to force our
younger employees to pay tbe cost of gifting our oldcr employees with a bigger pension.
Will the members, in fact, pay ~11 the costs? This proposal has been advanced as a
benefit improvement which the employees affected would pay for. In other words, this
benefit improvement would be at "no cost to the City." As was shown in the previous
paragraph, even if it is at no cost to the City, it is at great cost to our younger employees.
The Commission must also keep in mind the fact that the cost of the benefit increase as a
percentage of payroll is based on an assumed investmcot return of 8 ½% and an assumed
salary increase of 6% per year. Since 1977 the average investment return has been 8.2%
and the average salary increase has been 7.9% annually. For the last three years these
factors have been as follows:
Year 1999 2000 2001
Inves(~nent Return 5.2% 6.6% 3.7%
Salary Increases 7.5% 7.3% 9.0%
In any year when the projected investment return is not met or salary increases exceed
projections, the City rnust pay the additional contribution required. This would have
been true for the last three years, thus increasing even further the large increases in
pension contributions the City has had to make. Our actuary has warned us that
Investment returns were well below projections again for 2002, which will for the fourth
year force the City to substantially increase its contribution. There is no provision for the
employees to pay the additional costs involved.
The Commission should also be aware that in 1989, when the "20 and out" benefit was
ado~pted for firefighters and police officers, the employees argued that they were paying
most of the cost byincreasing their contribution. Then, a few years later, theybegan
arguing that their contribution was too high and needed to be reduced in order to attract
new employees. In 1999 we reduced the required employee contribution from 7.33% to
3% in response to this complaint, and because of competition from the Sheriff's
Depmhuent where the pension contribution is zero.
What is the expected impact of the proposal on future recruitment and retention.'?
Chief Koen and Chief Sehrceder believe that the impact of the proposed change would be
different for fire and police. We believe the change would have no impact on retention of
personnel who have been here more than five or six years, assuming our pay plans remain
fairly competitive.
While I have no statistical data, based on the observations of Chief Koen and beth Chief
Overman and Chief Schroeder, an entry level firefighter is more likely to stay until
retirement than an entry level police officer. Police officers have a higher likelihood of
changing careers due to burnout or for other reasons, and not reaching retirement as a
police officer. Therefore, the retirement benefit may be more important to an entry level
firefighter in deciding where to initially accept employment. Police officers, on the other
hand, appear to be more concerned abeut take home pay and less about retirement
benefits. We believe this difference is reflected in the different vote on this issue in the
two groups. A large number of younger police officers voted againnt the proposed
change. Chief Schroeder believes that many of our young officers with five years or less
experience would leave our depamnent if this change were adopted as proposed. While
it might help us some in firefighter recruitment, it would not help and would probably
hurt in recruiting police officers. Since a pension deduction of 7.33% was causing us
recruitment problems in 1999, I would certainly expect a deduction of 9.79% could cause
serious recruitment and retention problems for police officers.
Other options for increased retirement benefits. Police officers and firefighters have
said that they would pay for this benefit by increasing their contribution to the pension
plan. The City has in place two plans which allow employees to save money for
retirement on a voluntary basis, a 457 (deferred compensation) plan and a 40la plan.
Even at relatively low rates of return, the retirement benefit an employee could
accumulate over 20 years by putting 6.79% of tbeir pay into either one of these plans
would far exceed the value of a ½% increase in their pension multiplier. Again, that is
because the proposal which has been put forward produces a windfall for those
employees within six or seven years ofredrement at the expense of those employees with
less seniority
From the employee's p~fspeetive, the other advantage of the proposal is that all of thc
investment risk is shifted from the employee to the City taxpayer. With the 457 and 401a
plans, the employee bears the market risk
What are options for implementing the proposal?
· As requested. The Commission could adopt the proposal as put forward by
the employees. That is, all active employees, as of thc effective date of the
change,would have a pension multiplier of 3 ½% per year of service when
retiring with 20 or more years of service.
· New Hires only. If the Commission concluded that our having a 3%
multiplier while some other South Florida departments have higher multipliers
was making it difficult for us to attract new employees, the multiplier could be
increased to 3 ½% for employees hired after the effective date of the change.
While current employees were hired with the 3% multiplier, or even 2 ½%, I
believe thi~ approach would create significant morale problems, and I would
not recommend it.
· Beginning this plan year forward. Under this approach, all service after the
effective date of the change would accrue pension benefits at 3 ½% per year.
For service prior to the effective date of the change the benefit would be
calculated at 3% per year of service. This approach to changing benefits is
fairly common, and it is the alternative evaluated by the actuaries at my
request.
· Optional for participants. Another altemative is to allow plan participants
the option of increasing their benefit fi.om 3% to 3 ½% per year of service by
electing to increase their contribution to the pension plan. This should be an
irrevocable option, available to plan members annually on their anniversary
date. The disadvantages are that it complicates plan administration, and still
places on our taxpayers thc burden of guat-anteeing thc benefit, regardless of
what happens to pension fund investments.
Recommendations. As I indicated in my introductory discussion, my personal opinion
is that our Fire and Police Pension is already extremely generous and the benefits should
not be increased. Furthermore, the proposal put forward unjustly enriches employees
Wjthln six or seven years of retivmnent at the expense of employees with less seniority.
If the Commission, however, determines that it is in the best interest of the City to'
increase the multiplier for calculating police and fire rctirement benefits, then I strongly
recommend that the increase be made for service after the effective date of the change
and at the option of each individual plan member. That makes the 3 ½% multiplier
available for those employees who want it and are willing to pay for it. Those employees
who want the money in their take home pay, or who would rather have it in an inveslment
they control would have that option. If they feel they cannot afford the additional
contribution now, they could make it later when they feel more able to do so.
Number of Plans
l
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director
CONSULTANT EVALUATION CRITERIA
www. mydelraybeach, com
DATE: January 9, 2004
Attached are a series of Exhibits designated "A", "B" and "C", reflecting the results of our evaluation
of criteria for determining rankings for consultants under the State's Consultant Competitive
Negotiation Act (CCNA). Exhibit "A" is a tabular comparison of evaluation criteria and weighting as
used by various local and regional governmental agencies. The table lists the various criteria in the
left most column, and reflects maximum point values and associated percentages of total score for
each criteria as evaluated by the governmental agencies polled. Columns to the extreme fight of the
table reflect the number of agencies that consider each of the criteria, and the average weighting of
the criteria expressed as a percentage.
The agencies solicited are considered representative of our area with regional governing bodies
including Palm Beach County and the Palm Beach County School District, and local agencies
consisting of three of the four largest municipalities in the County. We included the City West Palm
Beach in our initial solicitation, however, they do not utilize this type of rating system in their process
of evaluating RFQ's under CCNA.
Exhibit "B" is a version of the same table highlighted to emphasize the itemized criteria most widely
used. The green highlighting shows the criteria in most common use while the yellow illustrates
criteria used by more than one agency. The associated colored crosshatching identifies criteria that
overlap or can otherwise be considered in conjunction with the highlighted items. The remaining
criteria represent considerations particular to an individual agency.
Exhibit "C" illustrates staff recommendations for criteria and weightings proposed for use by Delray
Beach in the CCNA process, and are derived from analysis of the prior exhibits and specific program
concerns for the City. Personnel Experience, Firm Experience and Project Office Location were
selected since they represent the most widely considered criteria. They are valued at 40%, 30% and
10% respectively. Availability and Commitment of Resources was selected with a 10% weighting to
ensure that the selected firms will be able to perform within time frames required. Governmental
Experience, while overlapping to some extent with Firm Experience, is added to give additional
credit to firms that have experience working with the unique technical problems presented by
municipal infrastructure improvements, and is weighted at 10%.
Procedurally, submittals will be evaluated and scored by the Ranking Committee. Individual raters
will complete evaluation sheets showing total point scores for each firm in the applicable disciplines.
Each individual rater's scores will be ranked as well. The overall rankings will be determined on the
basis of the total point score from all raters' sheets. Ties for rankings will be resolved on the basis of
the highest number of the highest rankings as totaled from the raters' sheets. We feel that this process
will result in the lowest occurrence of tied rankings with an equitable method for tie breaking.
Since three of the recommended criteria remain the same as formerly advertised and represent 80% of
the scoring as opposed to 60% under our former process, we do not recommend that the RFQ be
readvertised. We do recommend that notifications of the amended criteria and process be sent to all
prior respondents with a date certain reevaluation schedule before which date we will accept
additional materials from respondents at their discretion.
The foregoing represents our best efforts to provide professional guidance to Commission relative to
consultant selection criteria. Please place this item on the January 13th agenda for discussion and
consideration by Commission.
CONSULTANT EVALUATION CRITERIA
PERSONNEL EXPERTISE AND QUALIFICATIONS (1-40 points or 40%)
Demonstration of proposed project team:
Professional qualifications to perform work in applicable discipline(s)
Knowledge of technical criteria and administrative requirements for projects of similar
scope.
* Past pcwformance level in completing projects of similar size and scope.
FIRM EXPERIENCE (1-30 points or 30%)
Demonstration of Firm: · Qualifications to perform work in applicable disciplines.
* Past performance level in completing projects of similar size and scope.
GOVERNMENTAL EXPERIENCE (1-10 points or 10'/o)
· Demonstration of past experience in providing consulting services to governmental agencies by
both the Firm and the project team.
AVAILABILITY AND COMMITMENT OF RESOURCES (1 to t4~ 20 points or I~*/~ 20%)
Demonstration of the Firm's ability to commit the technical and administrative resources required to
complete projects within established time frames, including responsiveness to specific project
technical and administrative requirements.
The Ranking Committee will evaluate respondents using the above criteria. Individual Raters'
evaluations will reflect total point scores and rankings based on those scores.
Overall rankings will be determined on the basis of the cumulative ranking from evaluation sheets
completed by the Rating Committee.
Ties will be resolved on the basis of the of the total point scores of the evaluation sheets.
EXHIBIT "C"
CONSULTANT EVALUATION CRITERIA
PERSONNEL EXPERTISE AND QUALIFICATIONS (1-40 points or 40%7
Demonstration of proposed project team: · Professional qualifications to perform work in applicable discipline(s)
· Knowledge of technical eriteria and administrative requirements for projects of
similar scope.
· Past performance level in completing projects of similar size and scope.
FIRM EXPERIENCE {1-30 points or 30%7
Demonstration of Firm: · Qualifications to perform work in applicable disciplines.
· Past performance level in completing projects of similar size and scope.
LOCATION OF PROJECT TEAM (1-10 points or 10%7
Location of office where work will be performed.
GOVERNMENTAL EXPERIENCE {1-10 points or 10%7
Demonstration of past experience in providing consulting services to governmental
agencies by both the Firm and the project team.
AVAILABILITY AND COMMITMENT OF RESOURCES {1 to 10 points or10%7
Demonstration of the Firm's ability to commit the technical and administrative resources
required to complete projects within established time frames.
The Ranking Committee will evaluate respondents using the above criteria. Individual
Raters' evaluations will reflect total point scores and rankings based on those scores.
Overall rankings will be determined on the basis of the total point scores from evaluation
sheets completed by the Rating Committee.
Ties will be resolved on the basis of the cumulative ranking of the individual Committee
members (the Firm with the highest number of the highest rank would prevail).
EXHIBIT "C"
£1TY DF DELRAY BEACH
DELRAY BEACH
Ali-America City
1993
2001
TO:
FROM:
DELRAY BEACH FLORIDA 33444
lV!EMORAJqDUM
David T. Harden
City Manager
~L'ff~Robert A. Barcinski
Assistant City Manager
DATE: January 8, 2004
SUBJECT: AGENDA ITEM
CITY COMMISSION WORKSHOP/REGULAR
MEETING JANUARY 13~ 2004 CONSIDER APPROVAL - SPECIAL
EVENT APPROVAL - CELEBEATE THE SOUL OF DELRAY 2004
ACTION
Commission is requested to endorse the 4th Annual Celebrate the Soul of Delray proposed to be
held on Saturday, March 6, 2004 from 10:00 a.m. to 9:00 p.m. to grant a temporary use permit
per LDR's Section 2.4.6(H) for the use of the Atlantic Avenue R-O-W from Swinton Avenue to
NW/SW 5th Avenue and the Tennis Center parking lot, to authorize use of the Tennis Center
Clubhouse and the large covered City stage. Staff support is requested for traffic control and
security, barricading, trash removal and clean up, EMS services, use of City trash containers and
signage.
City Commission is also requested to waive LDR's Section 4.6.7 (D)(3)O)(ii) to allow the
installation of signage more than one (1) week prior to the event.
BACKGROUND
Attached is a letter and event permit received from Mr. Clay Wideman for this event along with a
site plan and budget for the 4~h Annual Celebrate the Soul of Delray proposed to be held on
March 6, 2004. Staff support and use of City facilities and equipment as well as signage is being
requested per the attached letter and permit.
The DMA would be responsible as proposed for managing the event, permitting of vendors,
entertainment and related contracts, sound and lighting costs, and rental of other equipment not
provided by the City for this event to include but not limited to port-a-lets, area lighting and
barricade rental. The event is proposed to be held on Atlantic Avenue between Swinton and
NE/SE 5th Avenue.
Staff overtime costs for this event are estimated to be approximately $10,805, stage rental $1,590
and barricade rental $250 for a total of $12,645. Last years costs were $4,970; however last year
police assistance was provided with on-duty personnel.
561/243 7000
~ Pr¢ntedonFtecycledPaper THE EFFORT ALWAYS MATTERS
Agenda Item CityCommissionWorkshop/RegularMeeting January l3,2004
Page #2
Date: JanuaryS, 2004
Mr. Wideman is proposing to operate under the WARC umbrella; therefore this would be
considered to be an event sponsored by a non-profit. Provided WARC agrees to be the 501(c)(3)
sponsor, per policies and procedures estimated payment to the City would be $1,322.50.
The event still owes the City $1,825.92 for barricade, lighting and port-a-let rental from last
year's event. Also the next payment of $10,000 to the City is due April 1, 2004.
RECOMMENDATION
City Commission is requested to consider the following actions:
Approval of the event, the temporary use permit for Atlantic Avenue and Tennis Center
parking lot, use of the Tennis Center Clubhouse, City stage and barricades, approval of
staff support as requested for security and traffic control, barricade set up, sign
construction and installation, trash clean up and removal, stage set up and take down and,
a waiver of the sign code to allow event signage to be installed more than one week
before the event.
If Commission approves the event request staff recommends approval with the following
conditions:
1. Receipt of a certificate of liability insurance, liquor liability insurance certificate and
hold harmless agreement no later than 10 days prior to the event.
2. The event sponsor to be responsible for ordering and payment of barricade rental costs
needed from private vendors as well as costs for any uther equipment that maybe
required such as stage canopies, port-a-lets and area lighting.
3. Event sponsor be responsible for payment to FPL for any power drops that maybe
needed.
4. Approve with the understanding that staff support would be provided for only as
indicated and that there is no City financial commitment to the event.
5. Limit the site area from NW/SW 1st Avenue to NW/SW 5th Avenue.
6. Payment for last year's rental costs of $1,825.92 must be paid by February 18, 2004.
7. Allow event signage to be put up two (2) weeks prior to the event versus three (3) weeks.
RAB/tas
CC: Clay Wideman
Rosiland Murray
File:u:sweeney/events
Doc:Soul of Delray 2004
DELRAY MERCHANTS' ASSOCIATION
404 West Atlantic Avenue l)elray Beach, Fl 33444
Phone (561) 276- 4915 Cell (561) 866-7161 Fax (561) 276-4986
Robert A. Barcinski
Assistant City Manager
City of Delray Beach
100 N.W. 1~ Avenue
Delray Beach, F1 33444
December 1, 2003
Re: Celebrate the Soul Of Delray Beach, March 06, 2004
Dear Bob:
As you know the Delray Merchants' Association will present "Celebrate The Soul of Delray"on
March 06, 2004. This one-day event will extend from the western corridor of Atlantic Avenue at
NW 5th Avenue to 1a Street from 10:00 a.m. to 9:00 p.n~ This community evem will rank
among the top events held in Delray Beach, providing quality entertainmem, vendor booths,
delicious food, arts and crafts, children's activities, family fun and a chance to win great prizes.
We are requesting the support of the city to provide "in kind service" to help bring about this
event. In addition, we are requesting from the city two (2) stages. One Located at the Tennis
Center facing Atlantic Avenue and the other one to be located in the 400 block of West Atlantic
Avenue.
I'm looking forward to the City of Delray Beach provid'mg continued support in helping to create
a family filn safe environment as we try to showcase our community.
Thank you for your support.
Sincerely,
City of Delray Beach
Special Event Permit
Application
PLEASE PRINT
DELRAY BEACH
1993
2001
EventName/Title: ¢&b.l~r~,t-< q'ti~ <~)o! *¢ ~lr~-~
EventDate(s): r~Ar-cl. ~,, ,Z.O~q
EventTime(s): I0:~0 tl.~ - q:O0 ~.~.
Event Sponsor/Producer:
Event Contac~Coordinator:
Name: CI~
Address: ~oq ~,
Telephone Number: ~t 33~.~ Cellular Number: ~t ~-~l~t
E-mail Address:
Event Description/Purpose:
Sponsor Category (please check) City [] Non-Profit]Charitable ~f' Private []
Co-Sponsor- Non-Profit]Private []
(If Non-profit attach proof of 50fc(3) or (d))
Event Location (Describe area boundaries of event]location):
Site plan attached yes ~
(Site plan required for entire event site)
no
Event budget attached
(Required for all events)
yes. ~ no
Serving or selling alcoholic beverages yes no ,.--"
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
!
Event certificate of insurance attached yes, no
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music
(Waiver required)
yes ~ no
Requesting Police assistance
(traffic control/security)
yes ~ no
Will supplement with private security
(If yes, need plan attached)
yes ,e~
no ~'
Requesting Emergency Medical assistance yes [~'
no
Requesting barricade assistance yes
no
Requesting trash removal/clean up assistance yes ~
no
Requesting trash boxes and liners
yes, u~' no
Requesting stage use
(If yes, check type)
Large stage covered
Half small stage []
yes ~ no
I;3/ Large stage no cover [] Smallstage []
Requesting signage yes
Type: Event sign ~-' Directional signs V~
Banner hanging ~' Indicate dates required
(Waiver required ff more than one (l) week prioY to event)
no
Food and beverage vendors
if yes, approximate number
Health Department approval
yes ~' no
yes. ,-- no
Other vendors yes ~-' no
Tents yes ~
(If yes, tent permits and fire inspections maybe needed)
no
Will the event include amusement rides yes no
(If yes, type and location and copy of liability insurance required)
Will the event be gated
(Show on-site map)
yes no 5,/
2
Will there be fireworks or other pyrotechnics yes no V"
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas yes ~' no
(ff yes, contact Fire Marshall)
Will you be providing port-a-lets for the event yes V' no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs)
Will there be a charge for the event
(If yes, indicate ticket prices)
Is reserved parking requested
(If yes, indicate locations)
yes no c~
yes ~ no
Eve n(J~o nt~acto r/C(~o~'din ator
Please print: CJ'~
Please enclose the appropriate non-refundable application fee payable to the
City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use
Date Received
Application fee received $ ~)'~'
Site map :.~c~
Budget
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval
501c(3) or (d) certificate or letter
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
Revenue:
Cash
EVENT
BUDGET
Celebrate The Soul Of Delray
March 6, 2004
DDA - projected
CRA - projected
County
Vendor Income
Other Sponsor Income
Office Depot
FPL
Orkin Pest Control
Wachovia Bank
Local churches
Greek Organizations
Unique Production
Bellsouth
DMA
$1,000
1,000
20,000
5,500
34,500
CashT~
Inkind
- City of Delray Beach
(Staff overtime, signs, power, stages)
- Coke (product, advertisement)
- Advertisement
In kind total
62,000
15,000
3,850
5,000
23,850
Tot~ Revenue
85,850
Expenditures
Cash
CELEBRATE THE SOUL OF DELRAY
Projected expenditures
March 6, 2004
Entertainment (includes sound, lighting)
Insurance
Po~- o- lets
Printing
Marketing
Entertainer Hotel costs
Entertainer Transportation
City of Dekay Beach
Rental portable area lights
$30,000
1,100
1,000
1,000
2,500
3,000
10,000
300
48,900
In kind
City of Delmy Beach
Coco Cola
Advertisement including Radio & Newspaper
$
$
$
15,000
3,850
5,000
Total In kind
$ 23,850
Total Expenditure
$72,750
Division of Corporation~
TKt. s
Page 1 of 2
Florida Non Profit
THE WEST ATLANTIC REDEVELOPMENT COALITION, INC.
PRJNCI PAL ADDRESS
104 W ATLANTIC AVE
D£LRAY BEACH FL 33444
Changed 03/20/2001
MAILING ADDRESS
104 W ATLANTIC AVE
DELRAY BEACII FL 33444
Changed 03/20/2001
FEI Number D=te Fll~l
650863751 03/07/]996
ACTIVE NONE
Re istered A
N~m~ & Address
Officer/Director Detail
htr // bi / i t / d t ? 1 I)ETFII,& I N96000001364& 2 NAMFWD& 3 000( 3/14/03
MEMORANDUM
TO:
FROICE
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # c~ ¥~ - REGULARMEETING OF JANUARY 13, 2004
APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
DATE:
SYSTEM BOARD OF TRUSTEES
JAUNARY 9, 2004
Mr. Harry Hamilton has submitted his resignation creating a vacancy for an unexpired term
ending June 30, 2004. This Board is not limited to any specific number of terms an individual
may serve.
In accordance with Section 33.65 (A) (2) of the Oty Code, the City Commission appoints two
public members of the Board of Trustees. All members must be either a resident of, own
property, own a business or be an officer, director or manager of a business located within the
Cityof Delray Beach. All appointees must take an oath of office.
The following have submitted applications for consideration:
Gilbert Forbes
Kenneth Rubin
Glenn Schuster
(currently serving on Code Enforcement Board)
A check to confirm that all are registered voters was completed. Also a check for code
violations and/or municipal liens was conducted. None were found.
Based on the rotation system, the appointment will be made by Commissioner Costin, (Seat # 1).
Recommend appointment of one (1) member to the Police and Firefighters Retirement System
Board of Trustees to fill an unexpired term ending June 30, 2004.
Harry J. Hamilton
1017 Del Harbour D:tive
Delray Beach, Florida 33,1-83-6509
Home: 561-278-8307
Mobile: 561-703-02:58
e-mail: h 2 hamil ton(~,hotn::ail.com
October 13, 2003
Chief William Adams
Chairman
City of Delray Beach
Police & Fire Pension Board
501 W. Atlantic Avenue
Delray Beach, Florida
Dear Chief Adams:
It is with regret that I inform you of my resigmtion from the City of Delray Beach
Police & Fire Pension Board. I have enjoyed my term on the Board. I want to thank you
for your leadership and express my gratitude to you, the Board members, Anne Woods,
and Steve Cypen for providing a truly enjoyable and challenging experience.
Sincerely,
I:?o,q, q, ,
RECEIVED
Disc 2oo
CITY CLERK
DF&RAY BF~CH
llll
BOARD MEMBER APPUCATiOH
i 993
2001
plesse ~pc oz print the £ollowinl~ info-n~liofl:
~7
3. ~ Rcdd~ce: : ~ S~
4. ~ B~css Ad~s: Ci~ State ~ C~e
5. Hom~ Phone: B~ess Phon~: E-~ Ad~ss: C~ Phone:
6. Ate you a :c~stered ~ot~? ~5 If s0. where ~e you re,stored?
7. ~,~ ~d(s) ~e you ~t~ed ~ sc~EP Pl~sc ~ ~ ~ ofprcf~cc:
8. ~st ~ ~' Bo~ on ~ you ~e ~fly sen~g o~ hive ~ous~' s~ed: ~]emse ~dude
,
10. ~st ~y ~ted p~ofession~ c~ficzuons ~d hcenses w~ch you hold:
11. G~c F~ pr~s~ oz most ~ccent ~ploy~, ~d posig0n:
lZ ~s~ ~c~, s~iil, or ~o~e~ ~q-,li9 you to s~e on~ ~d: ~l~se ,~ a b~ef ~s~e)
Note: This application will nm'rain on file in the City Clerk's Office_fqLam~dod of 2 yea~s ir, om the date it was
submitted. It will be the applicant's zesponsibility to ensuze~l~l~,~/~cadon is on file.
JUL f'5 2002
Gilbert C. Forbes
1120 Warrenhall Lane
Atlanta, Georgia 30319
(404) 865-2992 Office
(404) 255-1120 Residence
Summary
Twenty-eight years of broad-based Banking experience encompassing sales, sales management,
product training, consumer asset management, consumer lending, residential mortgage lending,
commercial mortgage lending and branch ~slxation.
Experience
FIRST UNION CORPORATION - 1986 to Present I
Senior Vice preSident, Consumer Banking Director/Manager 1993-
Atlanta, Ga
Initially promoted to Director of the consumer banking activities for Metropolitan Atlanta, Georgia.
Managed 117 branches with $4,4 billion in deposits, representing 8% of First Union's total retail
branch network. Active member of the Merger Task Force responsible for the consolidation and
integration of Georgia Federal & Decatur Federal into First Union. In 1994 the decision was made
to eliminate the Director position to increase direct management involvement at the branch level.
Became one of six managers focused on increasing overall branch performance in the Atlanta
market.
· As Director, Branch asset production rose from near last place position to first or second place
in all categories. CAP account (Asset Management Account) sales increased over 800% during
this period.
· During the merger, deposit retention exceeded due diligence assumptions and merger salary
budget came in well below salary expense goal, as staffing levels were achieved well ahead of
target.
· As Manager, exceeded combined Direct Loan/PEL and Mortgage productiOn goals. Was second
in Georgia and third in the company in SBLU production. Also was first in investment
revenues.
Vice President, Consumer Banking Manager 1988- 1993
Directed growth of the ~ franchise from one Branch and $18mm in deposits to 45 Branches and
$4.5 Billion in deposits. Area of responsibility included Dade and Monroe Counties. During this
period, most sales management categories increased from a distant last to first place. Dade County
was the highest earnings franchise within First Union with a Bank Group ROE of 29.91%.
Managed retail banking organi?ation through seven bank mergers.
Vice President, Regional Consumer Banking Director 1986- 1988
Pompano Beach, FI.
Provided directio?.in establishing and achieving regional e. onsum~ goals for 74 banking centers.
In this staff role, directed merger activities during First Union's initial entry into the South Florida
market; Coordinated training initiatives and was actively involved in developing and implementing
business plans with particular emphasis on asset production. Was committee Chairman for
development of original "Branch Compare" incentive plan in Florida. Member Florida Consumer
Banking Committee.
Gilbert C. Forbes
Experience (continued)
Page2
SOUTHEAST BANKING CORPORATION- 1971 to 1986
Miami, Florida
Vice President and Manager - Commercial Mortgage Department 1985 - 1986
Managed the commercial mortgage department (income property loans under $2 million) state-wide
for mortgage company affiliate of SOutheast Bank, N.A. During this period originated $4.2mm in
commercial mortgages.
Senior Vice President, Consumer Loan Product Manager t983- 1985
Managed consumer loan portfolio for state-wide bank, covering 163 banking centers~ Increased
consumer loan volume more than 300% from 1983 to 1984. Credit insurance sales increased 25%
each year. Directed consolidations of three consumer credit operation centers into one.
Senior Vice President, Regional Consumer Banking Coordinator 1980- 1983
Managed the retail asset portfolio of four-county, $800 million regional bank having 44 banking
centers. Regional representative to state-wide consumer banking committee.
Vice President - Product Manager 1976- 1980
Promoted to Asset product manager for Southeast Banking Corporation to develop new consumer
loan products and increased profitability of existing products. Developed and implemented
revolving credit products in branch system and developed a unique video sales training program to
teach customer focused selling techniques.
Vice President - Mortgage Banking 1971- 1976
M~naged the second mortgage production and portfolio of one of Miami's largest mortgage
banking firms. During this period, opened seven 2nd Mortgage offices and initiated the formation
of a small loan (516F.S.) company (Southeast Consumer Finance) through which to fund 2nd
Mortgages. Developed Mortgage Guarantee Product with American Bankers.
LON WORTH CROW COMPANY (acquired by Southeast)
Manager, Servicing Department - Loan Administration
Managed mortgage servicing department (25 employees and 30,000 mortgages) of Miami
mortgage banking firm. Started and managed a Second Mortgage function.
Education
UNIVERSITY OF MIAMI
BBA degree in Finance - 1965
NORTHWESTERN UNIVERSITY
Graduate of the School of Mortgage Banking,
References furnished upon reques~
D ~.R~Y BE~CH
2001
- .~I.TY OF DELRAY'BEACH
BOARD MEMBER APPLICATION
5. ' Home Phone: Bn~s Phon~ ~ ~&~s~: ~ Phone:' P~:
. /~/~- o ~ ~~ ,Z~- 0 ~~.
, n. Give Y~.~t ~ ~plor~, ~
~,~~.. ·, ·/~/~/~ ·
submitted. It ~ be ~he applicant% respomdbility ~a ~suze that $ cgr~at application i~ 'o~ ~c
DGC-25-200@ 09:46 561 3a3 3774 96~ P.02
[,~3-29-2003 11:24 P.03
Kenncth.S. Rubin
695 Enfiold CC
Delray Beach, FL 33444
Home(561)265-2985'Cell(561)-706-4160 Offio~ (561)274-9006
E-Mail: Cob~Spto~oLcom
EDUCATION
1976-1978 MBA-U~dversiiy ofl'dassa~ Amahetst, MA
1972-1976 BS-UniversityofMassachuset~ Amher~
EMI'LOYMENT
1989-Pl, es.
Financial Consul.ant, PlvlK Secutiti~, Delray Beach, FL
Financial Advisor s~ng retail clients in all a~lmcta.of~
and ~,,..t~.l planning, including individual stocks, corpora~ and
rauni¢tpal bonds, mlmml funds, Insulmlce produO~, mseauch,
option~, and hodge strmegies. S~cted D~lray Beach location in 1991.
.1985-1989
Financial Consultant. JW Charles gecurilios. Delray Beach. FL
Finam::ial Advisor serving rotail clieras in all _~vats ofinveatments
and financial p/anning~, indlldiag individual ~tocks. corporatemad
opaons, and hedge mate.~i~
1978:1985
Vic~ President and Regional Mana~. SunTrust Bank. Delray Boaeh. FL
Manager of 4 retail branch lotions ora major commemial bn,king corporation.
Req~mibililias included' Corem_ ,.~'iak Mo.agar. and Consunmr L~xding. Branoh
Olx:ratioas. Staffing, Marketing. mtd Bnniness Development. Introduced Discount Brokeaage
Services to bank custom~'s on a sr~ewide level
Deh~- l~ach Tennis Cen~r Task.Foroe Co~nmit~e, 2001
~ay ~ T~nia C~ ~ami.g ~ Co~. 2~2
ORO~O ~l ~: ~E~ D~Y ~ 1986
~US~ P~ P~, ~ ~' ~ ~ ~ 199~Y~SE~
BEACH N~ION~
TOTAL P.03
BOARD MEMBER APPLICATION
1993
2001
Please type or print thc £ollowing information:
2. Home Address: City
HS~s ~ t,.luJ %cc~ ~¥teeA- i~eA(~.l ~"~Cc~c~% State ~p~de
3. k~ Residence: a~ Sm~ ~p ~e
4. P~dpd Bus,ess Ad.ess: ~ S~te ~p ~c
5, Home Phone: ~u~ess Phone: ~.~ Ad.ess: C~ Phone: ~:
6. ~e y?u a ze~stered voter? If so, where ~e you re,stud?
7. ~at Board(s) ar~ ~u ~t~ested ~ s~? pI.e~e E~t ~ oMer ofRref~ence:
8. ~st ~,Ci~ ~oa~s ony~ch ~u ~e ~mfly se~g ~ have pr~oufly S~ed: &lease ~dude dates)
11. Give your p~cscn~ or most ~t ~ploy~, ~d position:
~~~~ ~s ,pp~ca~on m,y ~use foffd~ u~n my p~ of~y ,p~t5/Si/051 may ~vc.
SiGNA~ DA~
application will remain on file in the City Clezk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensuretl~t a cu, ' ~-- v'~-'v~-- h~r, I~lll: I~lll~ili6il~s'~t ~u~o,au>~tuc~no~' file
MAR 3 1 2003
i~lY name is Glenn M Schuster, I am applying for a position for the city board membership.
mov.~ to Delmy B~a.. ch in 19.93, so, far it has been the most difficult decisions I have had
m. aK.e., At. the. tir~.e ~ wa.s working as a New York City Fire inspector onthe lower east and
west s~oes in the city an(3 as tar north es 37th st. I have a extensive background in the
following areas. Arson investigation,effective company commancl,high rise/Fire and life
~safety, Fla.rnmable Hazardous Materials,Building Construction for the Fire Service Fire
~uppress~on and detection systems,Pdnc p es of Fire Protection Chemistpj; i happened to
hate.that o. ne. ! have never written my text book education on any job application in Florida.
F I~ ~.~'~ t~..e..nty years in ~ tim.protection sector all documentable.'13~ system in the
· . . is aifferent I was a New York City E.M.T, I was b'ained in all aspens of Fire
Figh~i.'ng. Due to injudes playing hockey for the Fire house and the wear a tear of fire heavy
smoK.e..etc..T~. Fire Department promoted to represent the department in criminal and civi
court Ill~gation's I did this for five years and all my elevations were either outstanding,very
good or good.
I am looking for something to do with the second half of my life and applied for over 70
jobs, some were civil service some were private sector My health problems did not effect
me but they effective my potential employers am in good shape have worked out for
tw.e..nty yea. r.s a..r~, have started .again. I am a true professional, I am used to speaking in
pue,c an(3 Tee~ if given an opptumity you will be happy with my broad experiences Th s is
~ only .b.'me I I'~.ve written a note to attach to my application but I r. ccd something to do
with my time an(~ waiting for the dreaded day one of my parents doesn't wake up. This is a
real letter and I have all the documents to support the 1st and 2nd paragraphs.
~561 499 0561
~]~/20/00 (~)18:46
1/2
Glenn ]VI 8chuster
4585 A N.W. 3rd Street Delmy Beach, Florida 33445
(561-499-0561)
Summmy of Qvalificaticm:
Dedicated ix'ot'essioml with ~wan~y years ~xperiance,
Tlmmgh knowledge o£NFPA, New York City and building eodes, l~l~r hws and health codes,
Fonner ~ FDNY, recently I have taken the Florida
Through knowledge Fire Inspector and El/IT courses.
of fire suppre~sic~ and detection ststem$ of all types.
Excellen/reputation ~mon~ supe~.o~s, c;h, off/ca[s ~_._,
Sharp ~u~ c~afiv¢ ia .... ~*' , ,~,,~ners, srctutects, contmto~ and.
EMPLOYM~vF H/STORY
P, conooafib~ C4m~olidatom I~. Miami, FlY, da
A~imnt in mamgin8 on~ humlred fifty fltotmmd t'o~t dUB Customs bonded space. SUl~V~i~d wam, hou.~
cmpoly~s, taught ~£~ty and scoufity l:~inoiplcs to sta~ Maimah~d acoorat~ invanto~, and sl'alnk~g~
11/91-11/92
N~w York City Fir~ D~pm~m~at, N~w ¥od~N~w York Rank iml~etor
summons and violation orders v/hen n~c~.~ry. ---~ ~.~ ~.~t)~ ~ as w~ll as h~lflth cod~s a~d ~abor l~w, lssu~
New York City Fire D~!~rtment New York, ~ York Rank Cc~t R~,~ent~tive
Bvaluat~ Imildin8 · . . .
owners cc~npJlance w~th the New Yodt Fix~ Prew. n~c~, NFPA; prosect~ owners for violation,
~on~k~t interviews a~ inves~,v,~c~;
applicable oodes to prepare ease. Recommend panalities and surest time for compliance.
3/~5-3/~7
New ¥or~ City Eire Depm'tmon~, New y ode, New ¥odc/huge Lieutemmt
Developed and implemented procedures to track down lmilde~ that were in violation of The New Yc~k City Fire
i~v~.~ns~bonJ':a~.~seade~a~,~ ~'~.'.m~__d_.?~?rcc,mant, Agents; served notices; condu0ted title .arches d · a~visemanageraentofareas requigr~ furor analysls
wc Mep~ High Schoni
BelLm c~e, Ny 11710
Hish Sohool Diplcmia 1980
loire .,'ay CoH~ge of Cr~m ~11 lm~ice
~89 10~ Avenue
Maj.'Fire Science 1980-1~g6
New Yo~k City Fire Depa~m ent
Fi~ ~ Fire Impeotiml, Offioere ~u:~ol
Nus~u Cou~y Fire Smvice Acadamy
Fire Fight~ Advanoe Tmak Advanced Fm~e operaliol-~ ~
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # O~E - REGULAR MEETING OF JANUARY 13, 2004
APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL
DATE: JANUARY 9, 2004
On September 9, 2003, Ordinance 27-03 establishing the Neighborhood Advisory Council for
the purpose to help maintain broad-based community involvement with the residents, create
neighborhood outreach initiatives, enhance communication, improve the aesthetics of the
neighborhoods and identify any potential threats to the stability of the neighborhoods was
passed and adopted.
The Neighborhood Advisory Council shall consist of fifteen (15) members and two (2) student
members. Twelve (12) members shall be residents with two (2) residents selected from each of
the six neighborhood zones, and three (3) at large representatives, which may be selected from
a community civic organization or business owner located within a neighborhood zone
interested in the enhancement of its surrounding neighborhoods.
Mr. George Braverman has forwarded his resignation due to medical reasons creating a
vacancy for an unexpired term ending October 31, 2005 for Zone One.
The following individuals from Zone One have submitted applications for consideration:
Applicant Occupation Subdivision
Arthur Brown
Frances Chassen
Alice Finst
Hansford Higginbotham
Jayne King
William Milner
Scott Zubek
Consultant
NA
NA
Management Consultant
Teacher
Lake Forest South
High Point #7
Chatelaine
Lake Forest South
Chatelaine
Field Representative (US Census Bureau) Chatelaine
City Planner Waters Edge (City Employee)
A check for code violations and/or municipal liens was conducted. None were found with the
exception of Hans ford Higginbotham who is currently behind in his water utility payments and
has had consistently late payments. Voter registration verification was done and all are
registered.
Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat
#3).
Recommend appointment of one (1) member to the Neighborhood Advisory Council for an
unexpired term ending October 31, 2005 for Zone One.
W~e ~ ~ mmage - Tuesday, Dec~mbeT 9, 20~ 8:47:39 AM - I~ 1 of !
WebTV Ne~ks
mail.
Write an e-mail message
From: bravol4@webtv, net.
()
To: Janet Meeks
Subject: Neighborhood Council
Dear Ms. Meeks
It is an honot to have been appointed to the Neighborhood Council. I had
looked forward to serving.
Unfortu~_ety, I have just had some seriOUs surgery and my doctors ~!1 me that
it will be a number of months, with frequent interruptions for treatment before I
· can start to feel human again.
Therefore, it would be advisable at this time to appoint another person to the
Advisory Council, and perhaps I might be able to come back at another time.
258
Beach, FL 33445
DI~ R~4Y BEACH
2001
CITY OF DELRAY, BEACH
XpPuC^ m.
Z.
4. l~Jpal Bu~ue, Ad&e~s:
· Home Phom::
6. ~¢ you a ~Cg~ste~cd vo~r~
Code
8. I..~t ali CiO- ~o~'~s on ~,hJch' ~
Note: 'Thi~ o~ ~¢ ia ~e (
- i~ziod of 2 F~ ~ ~e &to itw~
RECEIVED ~~
JAN ~ 8 ~884
CITY CLERK ~,~ ~.o~
CITY OF DELRAY BEACH
BOARD .MEMBER APPLICATION
~90093
aubmitted. It will be thc ai~allcam'a zeaponxi~ty
SEP 1 2 ZOO3
CITY CLERK
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION ~/~,~ /
RECEIVED ~
$Ep26 ZOO3 /~'/~' /''~
~ITY CLERK
Alice Finst
707.Place Tuvant
Delray Beach~ 33445
Application for Neighborhood Advisory Council
# 12 Describe experiences skills or knowledge which qualify you to serve on this board.
Listed below are some of my civic expcvienees since moving to Delray Beach in 1971.
Please note that dates are approximate and may extend several years.
Memberships
Homeowners' League of Chatelaine 1970's to present
Chaixman Archit~n~al Control Committee, Editor, "The Chatteflines"
Member Board of Directors, City Commission observer for Homeowners League
Progressive Residents of Delray Beach Board of Directors, SPRAB monitor
Delray Beach President Council, Pride in Neighborhood Committee
Mounts Botanical Garden
League of Women Voters of South Palm Beach County since 1975, Delray Beach
Good Government Committee
Lobby'rog Activities
Acqnisi6on of land for Barwick Parlq (also served on play ground committee).
Land acquisition for Fire Station at Barwick and Lake Ida Roads
Sidewalks on Barwick Road
Fencing at Veterans' Park Playground
Bright Park
Service on City Boards and City ReLated Committees
Pineapple Grove Pre Main Street 1993-1995 Beautification Committee
Commuuity Appearance Board 1985
Historic Preservation Board 1987
Education Board 1990
NorthWesffSouthWest Neighborhood 2002- sidewalk/Beautification Committee
Cultural Loop Walking Committee visited 80 sites June 2003/History Committee
School Advisory Committee~
A.D, Henderson 1986-1996
SD. Spady 1978-80, 1999-present
AILantic l~igh School 1987-present
Other
City CommissiOn Watcher since 1979
1993
ZOO1
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
L T~tName: ~ I
2. Home Address.
City State Zip Code
4.. Principal Business Address: ..City State Zip Code
5. Home Phone: Business'Phone: E-Mail Address: Cell Phon~ Fax:
~---~.. q4~.~
7. What Board(s) are you interested in ~etving? Please li~t in order o~Dtefetcnce~
8. List ~ll City Boaxds on which you are cttttently serving or have previously served: (Please include dates)
1%.List ~y. rekted proff.~ssion~l. 5~.ttific~figns :md licmses which you hold:
! 1. G~e yl~ur present, or most recent employer, and n~sifiom
I ~ - .
I.os5: T~4c~S: ,be.g~.~, be..El. ~ .kc~ -' ' '
I hex~b~ j~'tify t~at all the above statements are tree, and I agree and un~
~tt i u~ / ~ DATE
:PI? m~unon . ttheCityCl~k'sOfficeforaperiodof2yearsfromd~edateitwas :' -
SEP ~:3 2003
HANSFORD N. HIGGINBOTHAM
920 sUNFLowER AVENUE DELRA¥ BEACH, FL 3344S
(561) 499-8331
CORPORATE FINANCE & INVESTlVIENT
MANAGEMENT EXECUTIVE 1990-Present
Independent consultant to private and public companies, advising on matters including
capital structure, debt and equity financing, mnr~gement dynamics, mergers and
acquisition% ~h~tegic planning and marketing. Record of achievement introducing new
concepts and services to clients, turning money-losers into money-makers and .capital
creation approximating $70 million~
Concurrently have held contractual relationships with NASD/NYSE member firms for
providing securities brokerag~ and financial planning services for my individual and
business investment clients. Member firms include Old Dominion Securities, Questar
Capital, Round Hill Securities, Northeast Securities and J.W. Genesis. Client assets
under management have exceeded $36 million.
ACTRADE CAPITAL, INC.
Regional Manager 20002001
Responsible for management and sales growth of this public, international company's
Southern Region. I was credited with building the Region's nnn~lal sales volume to
over $23 million prior to the Company's decision to consolidate its operations and
close this office.
PIONEER PRODUCTS :, 1988-1990
' M~k~fi~g Manager
Assumed marketing and P & L responsibility for the 150+ consumer and institutional
"products of this Geaer~l Mi#~ manufacturer. Credited with the creation and introduc-
tion of five new brands (l I sku's) during an aggre~ive line expansion. My efforts
contributed to two years of record company revenues achieved within profit guidelines.
~T COMPANIES 1984-1988
Partner/General Manager
Created and developed unique enterprises providing consumer and business services
through these successful companies: Execunet, Home Office and Memorybanc
Inventory.
HANSFORD N. HIGGINBOTHAM, Page 2
DEL MoNTE/R.$.'REYNOLDS FOODS 1980-1984
Region Manager and Division Manager ultimately responsible for $50 million in
annual sales of a 500+ item product line through direct and food broker sales forces.
Wrote and implemented operating budgets which included personnel, ope~ons,
local advertising and marketing, trade shows and trade promotion. Managed the
re~onsl merger of RJR Foods with Del Monte.
PROCTER & GAMBL~ 1973-1980
District Field Representative and Unit Manager in the food products division.
· Managed sales of up to $I5 million through direct representatives and account
.managers. Recognized as my district's Top Unit Manager in 1977 and 1979.
.'Consistently ranked among the company's top managers in introducing new items
and brands. Developed successful college recruiting programs at South Carolina,
Clemson and Furnmn Universities.
~IEI~I~U,I, LYNCH, PIERCE, FENNER & SMITH 1970-1973
Account Executive
Sold investment securities including equities, fixed income, options' mutual funds
and commodities. Brauch office leader in openin~ new accounts.
EDUCATION/CERTIFICATION
B.A~, Liberal Arts, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee
Series 7, General Securities License
Series 63, Uniform Securities Agent state License
199~
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
4. '~ B~ess ~.
, _. ~' ~ · . '
,~ ~. ._ . - .-. t e~~ ~,/~.~ I~
CITY CLERK
CITY OF DELRAY
BEACH
BOARD .MEMBER APPLICATION
1993
.
aP~ L*te it was
sul:,mit'm:l. It ~ l~ the hoplicsm'~ tUlX~ibility to ~li,'-fion h on ill-'.
SEP 0 ~ 2003 ..... ~
-" CITY GLERK
Bill Milner
3400 Place Valencay
Delray Beach, FL 33445
561-637-8896
2001 -Present
1999-Present
1996~1999
Professional History
US Census Bureau- Field Representative
Pre-Paid Legal Services, Inc. - Independent Associate
Mustapha's Wadi Catering Services- Co-Owner
Education
B.A. Interdisciplinary Social' Sciences, USF, Tampa, FL
I'can make a meaningful contribUtion to the Neighborhood Advis-~ry ............
Board for the following reasons:
* I understand the need for and the. mechanics of building consensus
, Ability to Work effeCtively with people from all backgrounds
, Aware of the interests and concerns of our business community
* Conscious of the limitations and the possibilities of public policy
* Empathetic to the challenges to homeowners of modest means
* ! know what makes a community attraCtive to outsiders and
welcoming and comfortable for its residents
DEI. I~A¥ BEACH
BOARD MEMBER APPLICATION
1993
Please type o~ print the.following infomlation: ~~ ~'~
Z Home AdcLress: City .,~ State Zip Code
3. ~ ~sidence: Ci~ / State Z~ ~e
4. P~ B~ess Addt~s: Ci~ Sute ~ ~de
5., 'Ho~ Phone: B~ess Phone: ~ Addt~s: ~ Phone:
~f s~, ~ ~e you
6. ~e you, re~stered ~tee? Y~S Oe
7. ~t ~(s) ~ you ~ter~ted ~ se~ Pl~e ~t ~ oMer
8. L~t ~ ~ds on whi~ ~u ~ ~fly se~g or have pm~ously se~d: ~l~e Mcl~e dat~)
10. L~t my ~lat~ prof~sionM ceMficafions ~d h~es ~ich you hol&
~1. 'Gi~ y~ pres~ or most ~t ~plo~, ~d pos(fion:
1~ D~ ~ces, s~or ~owkd~ W~ qu~ you to se~ on ~ ~=d: ~le~e a~ a bdef ~me)
I he.by ~at ~ ~e ~o~menB ~e ~e, md I ~ md ~de~md ~at my m~s~t~t ofma~fiM
~n~ ~ ~ ~pfic~on ~y cau~ ~fffi~ ~n my pm of ~y appb~t I ma~
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~a~[i~q~& on file.
OCT 1111
OITY .OLERK
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # C~ i~I- - RE GULAR MEETING OF JANUARY 13, 2004
APPOIN'DclENT TO THE BOARD OF ADJUSTMENT
JANUARY 9, 2004
At the City Commission meeting of January 6, 2004 Mr. Polhck was appointed as a regular member
creating a vacancy for an alternate member for an unexpired term ending August 31, 2005.
To qualify for appointment, a person shall be ekher a resident of or own pmpetty in the city, and/or
own a business within the city.
The following have submitted applications for consideration:
John Bennett
William Brarming
Janine Dabney-Battle
Mama Dersh
Pearl Bunny Markfield Elrod
Sigurdur Hardester
Ilene Haym
Clifton Miller (currently on Board of Construction Appeals)
Harvey Starin
Charles Walker
A check for code viohtious and/or municipal liens was conducted. Voter registration verification
was completed and all are registered.
Based on the rotation system, the appointment will be made byMayor Perlman, (Seat # 5).
Recommend appointment of one (1) alternate member to the Board of Adjustment for an unexpired
term ending August 31, 2005.
CITY~
tpp, le'h thc'C..it:,j thc d~te it.v:~' --.
.submitted. It will 5~ the al~lie, ant~s: ~ on ~le.
CITY CI_ERK
John C. W. BENNETt
137 SE~B~ AVEN~E
I)ELR~Y BEACH, FL 33483-7017
COMMUNITY
ACTIVITIES:
Beach Property Owners' Association (Trustee 1999-present; Vice
President 2001,2002)
Progressive Residents of Delray (PROD)(Director 1999-present; Vice
President 2000; President 2001-02
E.P.O.C.H. (Director since 2002)
Chamber of Commerce (Member, Local Government Issues Committee)
School Advisory Committee, Atlantic Community High School (member
1999-2003; Bylaws Committee Chair 2002-03)
PROFESSIONAL EXPERIENCE:
1995-present, retired attorney (U.S. Navy Judge Advocate)
1974-1995, naval officer with a variety of assignments involving law and
policy
1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S.
Court of Appeals for the Fifth (now Eleventh) Circuit in St.
Petersburg, FL
EDUCATION:
Formal:
LL.M., Law & Marine Affairs: University of Washington 1981
J.D.: Georgetown University Law Center (Editor, Law Journal), 1973
B.A. Economics (with High Honors): Swarthmore College, 1970
Continuing:
Leadership Delray Beach 2002
pROFESSIONAL AFFILIATIONS:
District of Columbia Bar (Inactive)
American Bar Association
American Society of International Law
SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS
NEIGHBORHOOD ADVISORY COUNCI!.:
Active for past several years in the affairs of my neighborhood
association (Beach ProPerty Owners' Association)
Active for past several years in broader issues of concern to
neighborhoods throughout the City through membership on
Board of Progressive Residents of Delray (PROD)
· Aware of concerns of business community thr_ough service on Local
Government Issues Committee of the Greater Delray Beach
Chamber of Commerce
BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD:
· Extensive experience during my Navy career with applying regulations
to specific cases.
· Thorough familiarity with due process requirements for imposition of
criminal and civil sanctions: developed while representing criminal
accuseds and administrative respondents, prosecuting on behalf of
the Government, and advising adjudicatory authorities.
· Adjudicated innocence or guilt and determined appropriate penalties
in a number of minor criminal cases.
t2.'12/03 FR! 11:20 FAX 561 243 3774 CI'1'~ CLERK ~002
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
3. ~ Rcrficlc~cc: City
4~ P~p~ Bus~s Add,es~'
10. ~, ~;' ,~ V~fcs~o~ ~fic~fi~s ~d ~ccnses ~ch ~u hold:
11. Give your pregng
SIC
lotc This spplicstiofl ~ ~ On fil~ ~ ~c O~ ~'s 0~ f~ s p , y~ .
RECEIVED
DEC 1 R 2003
CITY CLERK .... ' " "
]8-~ec-OZ 11:37 From- T-403
'1
20o'~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
P.OZ/OZ F-SBS~ , ~
/~ _.~-o~
Please
Las~ Name:
~ l~mc __ M I.
2. Home Adclrcss:Cit'v ~ S~ Zip Code
J 3. Leg~ Re~de~c: ~ S~ Zip Code
4. Pnaap~ Bu~s Adrift,l: ~ S~ ~p Code
~. Home Pho~c: B~css Pho=c: E-~ M~css: C~ Pho~
I~ so, ~hczc a~e you
~ ~e you a ~C~sc~cflvo~:7 ~ ~
7. ~a~ Bo~d(s) a~ you ~es~d m ~g~ Pa~ ~c ~ 0rd~ of p[ef~c~e:
I~a , ~c~-.~. ~
8- ~s[ a~ ~ Bo~ds on ~ch you ~e C~c~y se~g oz have p~o~y s~ ~sc ~ndude ~les)
lO. ~s[ ~y ~ prof~o~ ~cau~s and ~cc~ w~ y~ hol&
qote: Tbs application ~ remain on file in thc City Clerk's O£ficc ' ' ' ~ ~e
DEC 1 R 2002
CITY CLERK
Janin e Dabn ey-B attle
239 ~ 4~ A~e, lhrtmy Beack. FL 33444 (0 561-44I-2~ (0) $~I-272-6580
Prof ~_,r~'ional ~nff.~cztt~otts:
Licensed Mortgage Broker. Ncn~on,* glqlol,,nnle Lending Group: 2001 - pre.~ent
A top producing loan officer_ Responsible for finding financing for residential and commercial
prope~ies based on the review of credit and income criteria. Affluent i~ the ca,it criteria for
correspondents o~ the secondary market, as well as. A, B and governm~n paper Lenders
Licensed Realtor. Homes l~e~lty: 2002 - Pre~n~
RecruiL tn~n and manage residemial sod commercial real estate sales associates.
Licensed Mortgage Broker. The ~ddison Mortgag~ Group: 1999 - 2001
Top pmduci_~ Semor Loan Officer. Loan files included residential conforming, non-conforming
VA. FHA and commercial. Speciali~ in hotel/motel, large apartmen~ and commercial mixed usc.
Llcett~erl Real Estate ,~-des .4.~.ociate. D~r~te Realty: 1999 - 2002
Top producing sales associate for Greater Palm Beach County area. Over $2 M'dlion in sal~s per
year.
Executive }~tce President Opero#ons. World Mortgage C~on: 1998- 1999
R~ to d~op World ~ a whol~e mb ~e L~d~. ~ ~lud~ ~t n~ li~ to
man~ ofl~ ~ ~ ~d~ dosing and ~ clo~ng d~m~ts.
R~ble for the ~ ~ ~e ~'~' 1~ ~_ Autho~ to ~pl~ all ~
p~o~d for ~e Comps.
1.3ce Pr~dtrnt Sub Prime Lending DivL~ton. Bankers I~rect Mr~ igug~ Corporation: 1996- 1993
Respons~le for the supervision of the ~ub prime lending division. Duti~ included the
supervision of underwriting, loan processing loan closing, and post<losing departments.
UnderWr*tfng Supo~qsor_ National Lending Center: 1993 - 1996
Responsible for supervLqing and training a ,taffoftanUnderwfiters. Supervised the underwriting
of Non~conforming (B/U) loans, cou~anication ~.ith the sales force, processors and brokers.
Acted as a liaison between Mid-Level and Senior Management.
5elf-Empl.oved: 1989- 1997
Mortgage Training and Placement
o Landlord/Property Maoager
· Century 21 Peal Team Realty Fl, Key Biscayne
Edact~n:
Dual Major. BSBA in Finance and Real Estate. Ohio Si,~'e University: 1989
College Preparatory. Western Reserve Aoaderny': 1985
8/9-:t EO/ZO'd 11~-£ -eo.~d SS:PI ZO-:~eO-OZ
Janine Dabney. Ba te
~9 IvW 4~ A~'~n~t~ Defray ~ PL $$~44 (Ct $61-44t-29~ (0)
Comnmnt y Invoh. ement.-
Former Board Member City of Dekay Beach S.P.B.A-B
· Former alternate member City of Ddray Beach Board of Adjustment
· Vice C3air & board member. Delray Phoenix Inc.
· Member. Delray Beach Youth Athletic Assoclation
· Member, Delray Beach Chamber of Commerce
· M~xaber. Florida Association of Mortgage Brokers
· Member. National Association of Realtors
· Member. Boca Raton Chamber of Commerce
· Member. Roots Festival G-off Classic Organizational CommiRee
· Member, l~oymon Beach Chamber of Commerce
· Member. Commercial Real Estate Women
· Member. Morikami Park Elementary PTA
· Memb~, Car~r Middle lrrSA
· WeatherSpoon Connection, self serve car wash
· Como Apartments, 24 unit apartment building
· Ja,~rdn Villa. 28 unit beacltfrom motel
· Reflexions Restaurant
· Major strip plan in Dekay Beach
· Multi-residential units
· Ocean-front Condominium petr,3ouse units
6,L9-;J £O/EO'd li'P-J. -la° J :T SS:~'t ZO=:)oQ-OZ
DEU~.Y B~ACH
1 ~)~3
2001
CITY OF DELP Y BEACH
BOARD MEMBER APPLICATION
. Pl~se ~ or pz~.~£ rl~e followic~q
Home Ad&eas:., ~5.j::>{_~ { ! Civ/ Sue Zip Co&
3, l~gal Residenc~: City State ZiP
4. Pz~qcip~l Business Address: ~ State Zip Code
S- Home Phone: Business Phone: E-1V~il Address: Cell Phone:. Fa~
6_ Are you a registered voter? -.I~W,e.~ If so, wher~ a~e you registered? 1::~4a.~x.t i51f5~--
7N l~7hat Board(s) ate you interested in serving? Please list in order of preference:
8. list all Cit3' Boardi on x~ch you ~re currcnrJy serving or have premously served: (Please include dates]
9. ~luc~donal qualifications:
10. List uny related professional certifications and licenses w~ch you hold:
1 i. Give your present~ or most recent employer, and posidom t~ fftOgl: ~
12. Dc~crihe experiences, sld, ll~ or k~o~ledge which quali~ you to serve on tMs board: (Please attach m brief
I hereby cevd6y that ~I1 ~he above statements ate tree, ~ I ~g~ee ~nd ~md~st~-~d ~hat ~ny misstatement of matex~l acts
Note: This applicano~ ua.u remain on me in ~e City Clc'xk'~ O£fi,.c £[~ [~:la/.4~i~ f:lft2~[, £~om ~h~ al,,¢ i, ,~-,,;
NOV 2't 2003
FROI~SIONAL
Diverse ~ ~ all ~ ~ ~ Pwj~ ~r, ~m ~al pr~ ~
~ for ~1 ~ of ~
* Si~ ~ b~ ~ ~ ~le ~ ~h
* ~on of~ d~ ~d
l>roJe~t~: b~ Andraw~ Colm~y Club, Duvall Place Condimhmumas. xrdlage (}rande CondimJunnunz. lvfiami Fire
Station g2, l~lmy Playhcn~e-Children~ Theatre
]one 1998- January 2001- THOMAS POPE, I~A., Key West. Florida
Project Archit~t
Projects: Hyatt Key WesCor, 620 Samhard Stre~ Bxyaa Re~klence Truman Annc~
H~ndrlOk Residence 901 Flagler, Woods Residence, Powe, II Point Bal~,uas, Rad/zson Hotel
September 1997-]vfay 1998- WYLAIWD Alit GALLERY. Key Wenst Florida
Att Consultam/SMe~tson
Assisted .manager with u-dining
October 1995.April 1997~ !.l~'. CLAIBORNE Inc, New York City. Hew Yot4c
Senior Ptojoct D~suer/Ma~ger
Corporate Reapon~ilh'y. for all offices, shovnooms & special projects
~ 1991-September 1995- l.r/, CLAI~Olt. NE Inc., New Yodc City, N~ Yol
R~ ~ N~ Yo~ ~ ~o~ offi~, s~wr~ o~ & ~ pro~
Ho~ to d~ d~
Pxe~ntafiO~L New york Showrooms and offices for V-dlagcr, C'tazy Hor~, Drc~e$ and Collection Stodio
April 19gS~Septcmber 1991- Desi~aers Fore Ltd., lqew York City, New York
May 198d-March 1985- MeC~k~ & Zuckerman, V~rona, New Iers~
June 19$3-1May 1984- JS Raodoiph As~0~i~ I-IackensaclL New lcmey
New Je~ey School of Azr. hitecmre (~ NC~ Nc'war~ New Se~'y
19¢3-Bachelor of A~chitecturc
Ce~fif-~_at,~ for
1F~ for Commelcial & lndua'uial Ligbfin~
RCS Building Code l~ipcctor- l&l Family dw~lhngs
Sub-oode Official- ltl Family Drillings
New York Buildhlg Code Compliance
ADA Compliance
Ed 1,15JE~:~ KOO~ 17~ 'aObl t~18 £I~E l:gq : 'ON E]lqOl-ld dlHSbcSH$~ ~I:S81-1D '9 $;~tcdOa : ta0aS
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
3. ~ R~dd~: ~- ' S~
4. ~dp~u~css Address: S~tc ~p ~c
5. Home P~nc: Bu~ess Phon~ ~ ~s:--t q ~ Phone: F~:
10. ~st ~y rchted pmfesfio~ ce~fi~ons ~d ~c~es ~ you hdd:
/~ ~f. ~ RECEIVED
s~o~ J~L 2 ~ 2003
. .~t ...... ~,, · g~_.C~o~, p~ioa or2 ~ eom d,~,l.t, it,..s
sunnuttco, it w~U be the applicant's zespc~lllt~ t~ie'-u~ ~at · cun~t application is on ~le.
19~3
2001
~ITY OF DELRAY BEACH
-BOARD MEMBER APPLICATION
Pleas~ type o~ p~nt the following i~fonnafion:
3. Legal Residenc~. City State -Tip Code
4. Principal Business Address: City State Zip Code
5. trtom~Phon¢: - B~in~rssPhone: E-iMailAddress: .jI CellPhone: .Faa:.
6. Are you a rx~te~ed voter? I f so, where are you registered?
7. What Board(s) are y~u int~es.t~d in serving? Please list in ord~ of preference: ~ '
8. List all City Boards on which you are currendy serving or have previously served: {Please include dates)
9. Educational qtmlifivafions:
t0.' List ~ty relat~l professi°nat certifications and ticenses ~vhich you hotd:
11. Give your ptesem, or most zecem employer, and positiom
I hereby ~qfy that all the above statemems are tree, and I agnge and ,,,~l~'staad that any misstatement ofmate~l facts
¢otamined i~ this application may muse foffeln ~e upon my part of anyappointment 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 ensmre that a current ap~ ~non
AUG j ti 2003
CITY CLERK
Ju~-31-03 01:13P ha),n~ 561--~1-1404"' P_02
1993
2001
~CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
.the follo~,-ing information:
" '~. il~m~'~'ddtc'~s::~C::t~: /¥'!~Lt:. . ~iw'.c~ ._ *~': ........... 7:,..,_.~
.-~ S~re 7.¥
4. Pfincip~ Business Address: Ci~ Sure Zip
' 5. Home Phonc~ Bu~n~s Phone: E M~ Adam. s: C~ Phone:
~ ~1 ,.. -~ - ~ - J . ..- .,.- ~ C..-,- ..-
._ ' /',~ ~ ~.,q~ ~'¢.~ffl~Z. . .
7. What ~ardls} arc v~ in.reset in ~n~ PI~ I st ~ ~er nf p~f~c< 'D - ~ t
8. ~ ~ ~W ~ards on ~lfich you ~c cu~fly ~ Hr have pr~ot[d} ~cd: (I Ica~ mcludc
' &h~.",~ ~ , ~ [ t ~ _ c~ ............. =-7-L--_L .....
9. I?duc;~ti,~m~ qua~ficadons:
IlL LiSt any rclar~d pn,fcs~ion~ cc~ficafiom~ and ficcnsc~ w~ch you hold:
11. Give your ptemnL or most ~nt ~ploy~, ~d ~fion:
<~r~ncd in ~is applic~fi,,n may c~use 6,r~i~ur< Ul~l my pa~ of any ~p~dn~cnr I re:l}, r~civc. .
,...>,...., ":I d
Note: 'fhis application will remain on lilc in thc CitT Clerk's Olti¢~ for a pcfiod of 2 ycars from thc date it was
submitted, h' u,ill he ~ahe apptic, i~n/'s fc.sponsibilitT t~0 ensure that a current application is on file.
JUL .3-! 2003
CITY GLERK
Zlene B. Haym
200 Mac Ferlone Drive, # 604
I)elray Beach, Florida 33483-6851
Phone: [561] 266-9975; Fax: [561] 266-9976; Cell: [561] 870-6706
E-mail: ihavm~adelohia.net
EDUCATION
M.L.S., ~ of Communication, Information & Ubrary Studies, RuLcjers, the State
University of New .lersey, New Brunswick, N.1, 1992.
· Internship: .lenldns Memorial Law Ubrary, Philadelphia, PA.
3.D., Washington College of Law, The American University, Washington, DC, 1972. · Assodate Editor, ANERZC~N UN~P. STrY LAW REVZEW.
· Publishing Credits: C~7 R/g/~' Removal Under 28 I./.E..C 1'Pt$(1): One Hundred
Y'ear~ o£inu~d///y, 21 AN.U.LR~v. 375 (1972).
· Exchange Student, Exeter, England, 1971.
B.A., Douglass College, Rutgers, the State University, New Brunswick, NJ, 1968.
EXPERIENCE
VI:II:I{ANS JliDJ~zlt[[sl'J~l~'rJo~J f4EDXCAL C~NTER. WEST PAtH BEACH, FLORIDA
1. Medical Affiliations Coordinator 2001 - 2002
Duties: Develop, implement, coordinate and evaluate the Nedical Affiliations program
for the West Palm Beach VA Nedical Center; serve as liaison to the Off'~.e of Academic
Affairs [OAA] for medical affiliation activiUes; accountable for the budget line and all
related reports and surveys; serve as liaison to affiliated medical schools regarding
medical student and medical residency procedural issues; develop polides and
procedures regarding medical affiliation activities, medical resident and student
supervision; establish processes for resident and medical student rotations, processing
and orientation; develop position descriptions for residents and medical students;
collaborate with physician preceptors to design educational activities to support the
programs; maintain competency evaluation records of medical students and residents
and conduct evaluations of residency and medical student experiences; prepare the
medical center for site accreditation as a training fadlity; coordinate meetings of the
Residency Review Committee and reports to the medical staff on Medical School
Affiliation activities.
2.Continuing Hedical EducaUon Coordinator 1999 - 2000
Duties: Program Coordinator for Professional Continuing Hedical Education [CNE].
Responsible for ~ implementation, coordination and evaluation of all Hedical Center
C/VIE for physicians and the management of continuing education contact hour records
for other professional disdpllnes. Develop activ'rties that meet the requirements of the
Florida Fledical Association and other licensing boards. Haintain certification as a
cenfinulng medical education provider; administer the CHE Committee budget; oversee
the Tumor Board and Morbidity & Mortality series; coordinate with the V~SN Joint
Sponsorship C/ViE Coordinator.
Additional Duties: serve as librarian in the absence of the chief librarian; teach
ceurses, induding ][nternet, [ntranet and the searching of library research databases.
Serve as a member of the education training staff, teaching courses as necessary to
support organizational efforts. Hurricane/Emergency Preparedness te ECEiVED
JUL n 2003
CITY CLERK
3.Medical and General Reference Ubrarian 1997 - 1999
Duties: Database searching, including all modules of the library on-line catalog,
MEDLINE, C[NAHL, HealthStar, PsychLTT, DOCJ_[NE, SERL[NE, CATI[NE, AVl[NE,
VALNET and the Wodd-Wide-Web/~ntemet. Prepare newsletters highlighting library
services and materials and prepare brochures to fadlitate the searching of on-line and
CD-ROM products. Oversee library assistants in the performance of their dudes and
coordinate with other members of the Employee EdUcation Service s~aff. Provide
information upon request to all hospital staff on a variety of subjects; manage the flow of
information regarding such topics as Evidence-Based Health Care, Weight Management,
Smoking Cessation, Quality Assurance and Patient Health Education. Assist the Chief
Ubradan with collection development for the Medical and Patient Health Ubraries;
prepare updates and reports; copy cataloging.
WZDENER UNI*VERSZTY SCHOOL OF LAW LIBRARY. W~4TNGTON, DELAWARF
1.Head of Public Services 1994 - 1996
DuUes: Oversee the Public Services (Reference, Circulation, [nter-libmry Loan)
component of the Ubrary, Delaware Campus. Assess, evaluate, modify policies and
procedures; promote access to the collecUon by developing brochures, pathfinders,
bibliographies and conducting tours; represent the division throughout the library, law
school, paralegal training center and legal community; supervise and evaluate two full-
Urea and three part-Urea .I.D. librarians, three full-Urea non-.I.D, librarians, four and one-
half support staff and over 20 student workers; hold monthly departmental and weekdy
reference meetings; attend foil staff meetings; prepare annual reports; provide reference
service for patrons; give in-class and individual instruction in the searching of the on-line
catalog, various CD-ROM products, the Intemet and on-line services.
2. Reference / Computer Assisted Legal Research [CAI.R]
Ubrarlan 1993 - 1994
Duties: Provide reference service to patrons and parUdpate in the Reference rotation;
give instruction in the use of library materials and tours of the fadiity; provide ~dip
service" searches for ~culty; develop brochures detailing the use of the on*line catalog
and CD-ROM products; develop procedures to fadlitate the searching of the on-line
catalog; conduct searches for patrons; teach E-mail and [ntemet searching; provide
reports on computer research; attend meetings, publicize on-line and CD-ROM products
availabla for public use; supervise student representaUves of the on-line services.
~W OFFZCESOF 3AMES E. BEASLEY. ESO.. PHZI. A~)ELPfI~d~. PA
Law / Medical Ubrarian 1993 - 1994
Duties: Medical (traditional and ondine) research; traditional and on-line legal research;
collection development; inter-library loan; general reference service for.lames E. Beasley,
Esq. and approximately 20 attomeys/physidaos/engineers.
THE TOWNSHIP OF CHERRY Hr'Il NEW ~ERSEY
Zoning Officer 1988 - 1990
Duties: Receive and evaluate alleged zoning violations filed with the Department of
Community Development. [nspect, or oversee the Inspection of properties; interpret the
Zoning Ordinance; review residential plans for the Planning Board; serve noUces for
violation of the Zoning Ordinance; appear in Municipal Court.
.I~H COMHUNI'rY VOICE. C~ERRY H~L, NEW 3~
Assistant Editor 1986 - 1988
D~d;ies: Write and submit articles; prepare promotional materials; conduct interviews;
do research, as necessary; edit canned press releases and submissions from community
organizations. Beginning in 1985 and continuing through 1991, served as freelance
writer.
FEDERAL CO#MUNICAT[ON$ COMH[SS[ON. BROADCAST BIJREAU, WASHII~I~iTI~I, p(~
Attorney Advisor 1973 - 1974
Duties: Review applicaUons for AM/FM radio stations; write internal memoranda that
were submitted for en banc consideration by the Commission; draft published
~JvD O~Tc~ in contested cases.
(~ENERAL SERV~CFr. S ADMXNI[STRAT[ON, OFF/CE OF THE GENERA4. COUNSEL, WASHXNGTON, DC
Attorney Advisor 1972 - 1973
Duties: Analyze legal issues rela4Jng to procurement of personal property materials and
non-personal services; research problems related to the Federal Supply Service
(contracts for properb/or services, manufacture or furnishing of property; negotiation of
contracts, advertising, bidding proces___$, etc.); general legal research; compile legislaUve
history of Freedom of Information Act [FOIA].
LICENSES / ACTIVITIES
Admitted to practice in the courts of:
Washington, DC, by examination
District Court for bhe District of Columbia, by
New York State, by examinaUon
Member, Board of Trustees, Cherry Hill Free Public Ubrary
Vice-President
Certified by the Florida Medical Association as a
ConUnuing Hedical Education Coordinator
Volunteer, West Palm Beach VAMC, Public Affairs &
Medk~l Media Serv~e
Assist Webmaster with development of VA Intranet
and patient Internet site.
Volunteer, Delray Beach Public Ubrary
Assist at Reference Desk
1973
1973
1981
1988 - 1995
1990 - 199~
2000 - 2002
Winter/Spring, 2001.
Current
DI3.RAY BEACH
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please infomaation:
3. Legal Residence: City State Zip Code
4. Principal Business Address:
City State Zip Code
5. Home Phone: Business Phone: E-MSIl A&kess: Cell Phone: Fax:
6. Are you a registered voter? V~<~ i~ If so, whese are you
7. /W0aat BOard(s) are ypu iqierest~..4d in serving? Pleas, q list in order/of preference' /~. ,---/
· / .
811 t List all City Boards on which you are currently serving or have previously served;_flaleaseAndude dates) CI
.i ~ /-" ~/' l
9. Educafiolxal qualifications: .-~ A., ' / ~"1 { '
16.' List an3,,, [~la~d professi})nal certifications and licenses which yo~3aold? c -
11. ~: 'e..vour present, or most recent empkwer, and position: ,
12:Rescfibe ex~e~nees, sas or kno~le,d~. ,w,,hi~ch 5~li6ioti td ;~'e on ti}is board: (Ple~e ,a~sp,~ a brief r~sume)
[oh~ that allTthe aboFe ~tatement~ are t~ue, and ! ~ md underst~fid that any misstatel~t~lt of nlateria.1 facl~
:( (~ i~ycausef°ffeitureup°nmypart°fanyapp°immentlmayreceive'
$1Gi~)~-TORE $ DATE
Note: This application will remain on file in the City Clerk's Office forl~ll~'io!~t~rom the date it was
submitted. It will be the applicant's responsibility to ensure thar~a~d-utr'~ai'g~plication is on file.
/$-fla ]m IlAR 2 6 2003
CITY CLERK
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Plcas~ type or pl/nt ~e following informal/om
State Zip Code
3. ~ Re~dmce: Ciw State ~pC~e
4. ~dpM Bushess Address: OW State ~p C~e
5. Hme Phone: B~ess Phone: ~ Ad&ess: CeB Phone: F~
If so, wh~e ~e you
7. x~t ~d(s) ~ you h~ h ~? P~t M ord~ of ~ef~:
8. h~ ~ O~ Bo~ds m wM~ you ~c c~fly ~g or ~ve pr~omly s~: &~se i~ude ~)
9. ~u~fionfl q~fi~fions:
]0. ~st my r~t~ p~fcs~on~ cc~ca6ons ~d ~cmscs ~ch you
11. O~ yo~ p~ng or most r~t ~plo~r, ~d posifiom
12. Dc~bc ~, s~ ~ ~owl~ ~ch q~ you ~ s~ on ~s ~: ~1~ ~ch a brief rcs~e)
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 CUment application is on file.
RECEIVED "~ ~"
NAR 3 1 2003
CiTY CLERK
Attachment to Section 12
City of Delray Beach Board Member Application
I believe I am qualified to serve my city on one of its boards because of my
professional experience, my commitment to seeing our city grow and prosper in
an orderly fashion, and my belief that the needs of all our citizens should be
served in a fair and compassionate manner.
First, I am a licensed and active Realtor" in the City of Delray Beach. I am
committed to supporting a balance between our need for growth and
development and our desire to maintain our rich cultural heritage. I believe that
opportunities for growth and development should reflect and support both our
city's history as well as our need to supply all our residents with a wide range of
housing, educational, employment and entertainment opportunities.
My previous experience as a senior executive in the high technology industry
enables ma to understand the impacts of budgets on growth and gives me the
ability to make the sometimes hard decisions required to balance "needs" with
~wants." As a manager familiar with strategic and long term planning I
understand the need for implementing orderly and controlled processes for
viewing a wide range of requirements and the benefits of consistency in any
review process.
Second, I feel a strong commitment to seeing our city grew and prosper. I was
among the first graduates of the Delray Beach Resident's Academy (November,
2001) and found the experience both educational and inspiring. I learned a lot at
that time I premised myself that I would be back to take a larger part in making
our city one I was proud of. As a resident I take pride in "my city" and do all I can
to show that pride by attending events and taking an active part in city business.
I have attended numerous Commission meetings and learned a lot about the
process of how our city government operates. Now I feel it is time to give
something back and participate in a way that will have an impact. Instead of just
talking about what happens, I want to volunteer to help make things happen.
Finally, I believe the r. ccds of all our citizens should be served in a fair and
compassionate manner. The many boards in our city are charged with
implementing the rules and procedures by which we live. Rules make our
society orderly and allow opportunities for all to live peacefully and in harmony.
Yet I believe those rules should be enforced with an eye toward the end result
they were intended to achieve. AS such they must be dealt with in a fair,
responsible and compassionate manner that allows all city residents to enjoy the
city,s benefits and its opportunities.
3498 HARBOR CIRCLE, DELRAY BEACH, FLORIDA 334.83
HARVEy D. STARIN TEL 561-272-1665 - FAX 561-243-6087 - EMAIL: hstarin aol.com
Strong Sales Skills, Focused On Results & Customer Satisfaction
· Strong customer relationship management skills and extensive customer service experience
Skilled at customer development and sales.
· Highly organized time manager, adept at balancing multiple competing objectives
· Extensive customer facing direct sales and sales management experience
· Excellent writing and presentation skills.
· Skilled tradeshow manager, from concept and theme developmeat to show/hncth management.
· Licensed US Coast Guard Captain
~EDUCATION
BS, Advertising md Marketing, University of Florida
MBA, University of Florida
Kellogg School, Northwestern University, Executive Leadership Program
PROFESSIONAL EXPERIENCE
Senior Marketi~ Executive
Experienced in Marketing, Sales, Strategic Planning, and Operations
2001 to 2002: Saratoga Teleeom~ lne,: National Retail Saks Manager. Hired, developed and managed
outside sales force selling telecommunications services to and prepaid phone card products to the maritime
industry nationwide. Performed direct customer contact. Developed retail sales strategies to increase volume
and market penetration in this highly competitive industry. Developed and prepared repom for sales,
distribution, sales force productivity and demand forecasts.
1~)9 to 2000: e-exhibit, corn, Boca Raton~ FL
Co-Founder and President of Internet Business-To-Bnsiness e-commerce startup venture with responsibility
for all activities associated with cresting and building the first lntemet "Virtual Trade Show."
1997 to 1999: Lucent Technologies New Ventures Groul~ Murray Hill NJ
General Manager- Peraystant Technologies: Created and launched a new Lucent lnternet startup venture for
the delivery of interactive training over the Intemet. Responsible for negotiating and closing all in.al test
customer and first service client contracts with Fortune 100 firms. Created the vision for the company, directed
sol. rare development and all customer related activities in the multibillion-dollar adult learning, corporate
training market space.
1993 to 1997: Lucent Technologies & AT&T, Basking Ridge, NJ
General Manager- Learning Works: Created and brought to market the Lucent Technologies "Learning
Works" integrated solution business to address the muhibillion dollar opportunity in applying high technology
to the training and education market. Successfully initiated product testing and first service sales With senior
· training and corporate executives of partner from.
Director of Marketing and Strategic Planning: Crested and coached the teams that delivered high impact
customer sale support applications to support penetration of visual communications products and network
services among large business cnstom~rs.
1988 to 1992: AT&T General Business Systems, Paraippany, NJ
Product Marketing Director: Respoas~le for all product marketing activities, marketing collateral
development, sales support materials, trade show management and execution and media relations.
Other Experience:
AT&T Information Systems: Branch Sales Manager - Ft. Lauderdale, FL and Atlanta, GA.
BOARD MEMBER APPLIcATIoN
1993
plea.se type or print the following information:
2. Home Address:
City '
State
Zio Code
Zip Code
4. PrinciPal Business Address: City.~ . ,~ S~_t,e zio Code,
5. Hfme .'/30'['( [), ~.v~,.~ . t~[~.(,o ' ir~usinessPhone: (~>~) ~5.r~ ~.~,~
6. at B ard(s) are you mtere,~d in serVine? '
List all City BBards.on which you are currently serving or have'previoUsly served: (Please include dates)
I L Describe'experiences. skills or knowledge-Which quality you to serve on this board: (Please atiach, a briefi'esume)
I hereby Certify that afl the above statements are true, and I agr~ and understand that ahy
misstatement of material facts contained in this application may cause forfeiture upon my part of
any appointment I may receive.
$1(iNATURE DATE
This apphcatlon vail remmn 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 t~:~~nt application is on file.
2003
CiTY CLERK
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # 9K REGULAR MEETING OF_IANUARY 13. 2004
SPECIAL CITY COMMISSION MEETING/JANUARY 22. 2004
DATE:
JANUARY 12, 2004
Item # 9K has been added, by addendum, to the January 13, 2004 City Commission Regular Meeting
as a discussion item.
Attached please find a copy of the November 18, 2003 City Commission Meeting Minutes regarding
scheduling a Special Meeting on January 22, 2004 to ratify the Bond Election results. Possible
alternate times for this meeting are Friday, January 23, 2004 or Monday, January 26, 2004 during the
morning.
S:\City Clerk\agenda meatus\Special Meetin~O1.2Z04,01.13.04
9.H. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
the following members to the Nuisance Abatement Board; two (2) regular members for
unexpired terms ending March 31, 2004 and March 31, 2005 and one (1) alternate member for
an unexpired term ending March 31, 2005. Based upon the rotation system, the appointments
will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and
Mayor Perlman (Seat #5).
Mr. Levinson stated he wished to defer his appointment until the regular meeting
of December 2, 2003.
Ms. McCarthy moved to appoint Joe Williams as a regular member to the
Nuisance Abatement Board for an unexpired term ending March 31, 2004, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5
to 0 vote.
Mayor Perlman stated he wished to appoint Susan Kay as an alternate member to
the Nuisance Abatement Board for an unexpired term ending March 31, 2005. Mr. Costin so
moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes.
Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and Inquiries on
Non-Agenda Items from the City Manager and the Public.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a concern expressed by Commissioner McCarthy about street
lights not working at Lake Ida Road and N.W. 5th Avenue, the City Manager stated there is a
service ticket (#9707) assigned from FP&L to repair those lights and staff will be contacted
when the work is completed.
With regard to a concern expressed by Commissioner Archer about thc
nonfunctional barricade lighting at Linton Boulevard and Homewood Boulevard, the City
Manager stated this is a Palm Beach County project and staff has contacted the Palm Beach
County Construction Coordination Division as well as onsite County inspection staff and
contractor's representatives and request that they verify and maintain the operational status of all
the construction barricades and associated lighting throughout the project.
Mr. Levinson stated the evening of March 2, 2004 is the beginning of Palm Beach
County Day in Tallahassee and therefore the regular City Commission meeting scheduled for
March 2, 2004 has to be rescheduled. It was the consensus of the Commission to reschedule the
Regular City Commission meeting from March 2, 2004 to Thursday, March l l, 2004
immediately following the Special Meeting.
Mayor Perlman stated he has a conflict with the regular City Commission meeting
scheduled for January 22, 2004 because he will be attending the U.S. Conference of Mayors. It
-9-
11/18/03
was the consensus of the Commission to reschedule the Regular City Commission meeting fi.om
January 22, 2004 to January 13, 2004 immediately following the Workshop meeting, however
there will still be a Special meeting on January 22, 2004 to ratify the Bond Election.
ll.B. From the Public,
ll.B.1. Jayne King~ 3400 Place Valencay~ Delray Beach~ (President of Progressive
Residents of Delray)~ speaking on behalf of PROD, stated at the October 21, 2003 regular City
Commission meeting insulting comments were made about a progressive organization of
residents. Mrs. King requested an apology both in writing within 48 hours and this evening.
ll.B.2. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach~ expressed concerns over
the lack of staffing in the MIS Department and suggested the City hire a computer programmer.
Mr. Smith stated this would be an investment because thc end result will be obtained more
quickly of having an online permitting system. Mr. Smith urged the Commission to reconsider
its goals.
ll.B.3. Jean Beer~ 2145 S.W. 26t~ Terrace~ Delray Beach~ stated she has spent many
years working hard to make the city a better place and commented she has taken many stands
that have been labeled negative or impossible. Mrs. Beer stated there are times when people
have an opinion different from the "accepted" opinion and urged the Commission to value the
opinions of everyone and listen to both sides of the story.
ll.B.4. Lisa Schuchert~ 2702 Peer Lane~ Delray Beach~ stated she is a resident of
Imperial Villas and the roofing conditions are a disaster. Mrs. Sehuchert stated the homeowners'
were very concerned when the project was initiated and they tried to approach the Board with
their concerns. Mrs. Schuchert stated the Board ignored concerns of the homeowners' and this is
when they brought it to the City's attention. Mrs. Schuchert stated she would like to know who
attended the recent meeting between the Imperial Villas Board and the City and what was
discussed. Mrs. Schuchert stated the Board is not listening to the people and the homeowners'
who live in Imperial Villas year round need to be protected.
The City Manager stated Mrs. Butler did inform him there may be some people in
attendance this evening from Imperial Villas and reiterated that the City is not going to get in the
middle of this dispute. Furthermore, the City Manager stated the City is not going to give a final
inspection or certificate of occupancy until the roofs meet Code and the contractor and Board
have been informed of such. The City Manager stated staff will contact her with the results of
the meeting.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 45-03: An ordinance rezoning fi.om AC (Automotive
Commercial) to GC (General Commercial) for a 0.73 acre parcel of land located at the southwest
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11/18/03