Agenda Reg 06-19-01City of Delray Beach
Regular Commission Meeting
Tuesday, June 19, 2001
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) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual win be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Pubhc 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 ztem 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 dins. 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-m
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podmm 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 wh~le
addressing the Commismon shall be barred by the presiding officer from speakxng
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and emdence
upon which the appeal is based. The City nelther provides nor prepares such
record.
The City w~ll furnish auyahary aids and services to afford an lnchmdual with a
chsablhty an opportumty to paruclpate in and enjoy the benefits of a sermce,
program, or acumty conducted by the City Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours pnor to the event m order for the
C~ty to accommodate your request. Adapuve listemng devices are avmlable for
meeungs m the Comrmssxon Chambers
2.
3.
4.
5.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
· Regular Meeting - May 1, 2001
· Special Meeting - June 12, 2001
PROCLAMATIONS:
PRESENTATIONS:
A. Senator Ron Klein - Legislative Session Rap-Up
CONSENT AGENDA: City Manager Recommends Approval.
A. FDOT UTILITY PERMIT &
HOLD HARMLESS
B°
D°
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AGREEMENT/COCONUT KEY: Authorize the City to act as the utility permit
applicant for the construction of a water main within the state right-of-way (Atlantic
Avenue) and approve a hold harmless agreement with the developer (Town & Country
Builders, Inc.).
UTILITY EASEMENT/COCONUT KEY: Approve and accept a utility easement
deed which allows Coconut Key access to the Markland Lane right-of-way for the
construction of an eight (8) inch water main.
FINAL PLAT/COCONUT KEY: Approve the final subdivision plat for Coconut
Key, a sixty-nine (69) townhouse community located on the south side of West Atlantic
Avenue just east of Markland Lane.
BOUNDARY PLAT/DIMLO: Approve the boundary plat for Dimlo Plat, a four (4)
commercial structure project to be located on the north side of West Atlantic Avenue
just east of the Villa D'Este apartment complex.
HOLD HARMLESS AGREEMENT/GROVE SQUARE: Approve a hold
harmless agreement associated with the installation of a canopy at Grove Square, 55 SE
2na Avenue, on the east side of the road between East Atlantic Avenue and SE 1~t Street.
RESOLUTION NO. 43-01: Approve a resolution assessing costs for abatement
action required for the demolition of an unsafe structure located at 31 SW 11th Avenue.
RESOLUTION NO. 44-01: Approve a resolution assessing costs for abatement
action required to remove nuisances on seven (7) properties throughout the city.
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06-19-01
H. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/RSI FLORIDA
Jo
RE-ROOFING): Approve closeout Change Order # 1 in the amount of $1,780.00 and
final payment in the amount of $20,850.50 to R.S.I. Florida Inc. for completion of the
Police Department re-roofing contract. Funding from 334-6112-519-46.10 (General
Construction Fund/Building Maintenance).
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy
for one (1) eligible applicant/family in the amount of $22,500.00 for property located
on SW 7th Avenue (new construction). This represents the 125th applicant under the
Delray Renaissance Program. Funding is available from 118-1924-544-83.01 (SHIP
Program).
PURCHASE AWARD/MOTOROLA: Approve a purchase award to Motorola in the
amount of $77,815.32 for additional radio equipment and accessories for the Fire
Department. Funding is available from 334-6112-519-63.22 (800 MHz Radio System).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
o
Accept the actions and decisions made by the Land Development Boards for the period
June 4, 2001 through June 15, 2001.
L. AWARD OF BIDS AND CONTRACTS:
None
REGULAR AGENDA:
A. WAIVER REQUEST~210 ENFIELD ROAD: Consider a request to waive the
requirement for a hedge to screen an opaque fence located within the front and side
street setbacks at 210 Enfield Road.
B. MOTION TO RECONSIDER PRIOR LIEN REVIEW COMMITTEE
RECOMMENDATION: Consider a motion to reconsider the Lien Review
Committee's prior recommendation concerning Customer 55, David Hargrove.
LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
Do
Consider approval of the Lien Review Advisory Committee's recommendation
concerning outstanding liens on various properties.
UTILITY SERVICE AREA ENCROACHMENT: Consider action regarding
potable water service to Country Club Acres located west of Military Trail within Palm
Beach County.
FORM AGREEMENT REGARDING USE OF STRUCTURES FOR FIRE
Fo
TRAINING: Consider approval of a form agreement allowing the Fire Department to
perform training in structures planned for demolition and giving the City Manager
authorization to execute the agreement.
RESOLUTION NO. 41-01: Consider approval of Resolution No.41-01 authorizing
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06-19-01
the acquisition of Lot 14, Block B, Carver Memorial Park 0NXV 15th Avenue). The
property will ultimately be utilized for drainage retention purposes.
RESOLUTION NO. 42-01: Consider approval of Resolution No. 42-01 providing for
the election not to collect permit fees but to increase our local communications services
tax rate by 0.12%.
ITEM REMOVED
CONTRACT CANCELLATION/AWARD EMERGENCY CONTRACT:
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Consider a request to cancel the contract award to OK Tours, Inc. for bus rental and
driver services for summer camp, football program, and holiday camp and approve an
emergency contract with Corporate Connection Sovereign Coach Tours in the total
amount of $49,465. Funding is available in the amount of $37,440 from001-4106-527-
44.90 (Summer Camp/Other Rental); $2,080 from 001-4121-572-44.90 (Athletics &
Special Events/Other Rental); $3,250 from 001-4105-572-44.90 (After School
Program/Other Rental); and $6,695 from 115-4912-572-55.30 (Special
Projects/Football).
PROPOSED AGREEMENT/LADY LUCILLE CRUISES: Consider aa
agreement with Lady Ludlle for use of the dock at Veterans Park during the summer
months.
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint one member to the Downtown Development Authority (DDA). The term is
for three (3) years term ending July 1, 2004. Appointment will be made by Mayor
Schmidt (Seat #5).
APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY:
10.
Appoint four (4) members to the Community Redevelopment Agency (CRA). The
term is for four (4) years ending July 1, 2005. The appointments will be made by
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4), and Mayor Schmidt (Seat #5).
PUBLIC HEARINGS:
ORDINANCE NO. 34-01: An ordinance amending Chapter 32 "Departments,
Boards and Commissions" of the City Code of Ordinances by modifying Section 32.07
"Membership Qualification/Requirements".
ORDINANCE NO. 32-01: An ordinance rezoning from GC (General Commercial) to
AC (Automotive Commercial) for a parcel of land located on the west side of North
Federal Highway approximately 920 feet north of Lake Avenue for Autobahn Motors,
Inc. Quasi-Judicial Hearing.
CONDITIONAL USE REQUEST/AUTOBAHN MOTORS
AUTOMOTIVE DEALERSHIP: Consider a conditional use request to
allow the establishment of a full service vehicle repair facility for Autobahn
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06-19-01
11.
Motors, Inc. located on the west side of North Federal Highway
approximately 920 feet north of Lake Avenue.
2. WAIVER REQUEST/AUTOBAHN MOTORS AUTOMOTIVE
DEALERSHIP: Consider a waiver to LDR Section 4.4.10(F)(2)(d), which
requires a minimum lot area of 1.5 acres for Autobahn Motors Automotive
Dealership, located on the west side of North Federal Highway,
approximately 920 feet north of Lake Avenue.
ORDINANCE NO. 37-01 (FIRST READING/FIRST PUBLIC HEARING: An
ordinance amending Land Development Regulations, Section 4.4.13 Regarding the
Parking Requirements in the CBD zone district to accommodate required parking
utilizing valet or tandem parking, and Section 4.6.9 establishing design standards and
regulations for valet and tandem parking arrangements. If passed, a second
reading/second public hearing will be scheduled for July 10, 2001.
Do
PUBLIC HEARING/BLOCK 28 AND BLOCK 36 (ATLANTIC GROVE): A
Public Hearing regarding the following actions relating to the proposed 4.6 acre mixed-
use project located on Blocks 28 and 36 (Atlantic Grove), on the north side of West
Atlantic Avenue, between NW 3rd and NW 5th Avenues. The Public Hearing is
specifically to consider the following:
Amending the current 2000-2001 Annual Action Plan for the City's Community
Development Block Grant Program (CDBG) to include submittal of
applications for an Economic Development Initiative (EDI) Grant and a
Section 108 Loan for the 4.6 acre mixed-use project.
Authorize the submittal of a $300,000 EDI Grant application and a $1.5 million
Section 108 Loan Guarantee application to assist with the development of the
4.6 acre mixed use project.
ORDINANCE NO. 35-01: An ordinance amending Chapter 91, "Animals" of the
Code of Ordinances and amending Section 91.51 "Lighting Restrictions Along Beach",
to provide for a change in the dates and times that artificial lighting along the beach
shall be prohibited.
ORDINANCE NO. 36-01: An ordinance amending Chapter 33, "Police and Fire
Departments" of the City Code of Ordinances, by amending Section 33.685, "Deferred
Retirement Option Plan", authorizing the Pension Board to select a third party
administrator to provide a self-directed investment program for DROP Accounts.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
06-19-01
12.
13.
14.
15.
FIRST READINGS:
None
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S.286.011(8) regarding the case
of Jesner Exanor v. City of Delray Beach case and Stephen Seldin v. City of Delray Beach
claim.
Attendees:
Mayor David W. Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Jon Levinson
City Manager David T. Harden
City Attorney Susan Ruby
Kent Pratt. Esq.
A certified court reporter
Purpose:
The City has scheduled a closed attorney-client session pursuant to Florida
Statues 286.011(8) regarding the Jesner Exanor v. City of Delray Beach case and
Stephen Seldin claim. The estimated length of the closed session shall be 15
minutes.
Settelement of Jesner Exanor v. City of Delray Beach case and Stephen Seldin v. City of
Delray Beach claim.
06-19-01
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
REGULAR MEETING - JUNE 1% 2001
5:30 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE REGULAR AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9. REGULAR AGENDA
M. CONTRACT/FLORIDA STATE DEPARTMENT OF CHILDREN &
FAMILIES:
Consider approval of a contract with the Florida State Department of Children and Families -
Alcohol, Drug Abuse and Mental Health (ADM) Program for FY 2001-2002, providing the
City $185,000.00 in substance abuse prevention funding assistance.
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.
A Regular Meeting of th
was called to order by Mayor David Sc
p.m., Tuesday, May 1, 2001.
1. Roll call showed:
Present -
Commissi
Commissi
Commissi
Commissi
Mayor Da
Absent - None
Also present were- Ci'
Ci'
e
Rabbi Suzanne Carter del
The Pledge of Allegiance
0
AGENDA APPROVAL
The City Attorney reque:
from the agenda because it is redundant
Mrs. Archer moved to a
Upon roll call the Commission voted a
Levinson - Yes; Mayor Schmidt - Yes.
APPROVAL OF MINI
Mrs. Archer moved to aI
2001, seconded by Mr. Perlman. Upon
Yes; Mr. Levinson - Yes; Mayor Schmi
4 to 0 vote.
e
PROCLAMATIONS:
6.A. Safe Boating Weekend
through May 25, 2001
Mayor Schmidt read and
as Safe Boating Weekend and May 19th
MAY 1, 2001
City Commission of the City of Delray Beach, Florida
hmidt in the Commission Chambers at City Hall at 6:00
aner Patricia Archer
aner Jon Levinson
aner Alberta McCarthy (arrived 6:05 p.m.)
aner Jeff Perlman
vid Schmidt
Manager David T. Harden and
Attorney Susan A. Ruby
ivered the opening prayer.
to the flag of the United States of America was given.
:ed that Item 12.D., Ordinance No. 32-01 be withdrawn
Item 12. E., Ordinance No. 28-01.
,rove the agenda as amended, seconded by Mr. Perlman.
. follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Said motion passed with a 4 to 0 vote.
TES:
,prove the Minutes of the Regular Meeting of March 20,
roll call the Commission voted as follows: Mrs. Archer -
dt - Yes; Mr. Perlman - Yes. Said motion passed with a
, May 12 & 13 and Safe Boating Week - May 19
presented a proclamation proclaiming May 12th and 13th
through May 25th, 2001 as National Safe Boating Week
05/01/01
in Delray Beach, Florida, and urge all citizens to support the goals of the National Safe Boating
Campaign and U.S. Coast Guard Auxiliary and start the year-round effort to promote safe
boating. Mary Suckow, Flotilla Commander, came forward to accept the proclamation and
stated the Coastguard Auxiliary and Team Coastguard spent a lot of hours in promoting boating
safety through education and thanked the Commission for their support.
6oB.
Emergency Medical Service Week - May 20 through May 26, 2001
Mayor Schmidt read and presented a proclamation in recognition of this event, do
hereby proclaim the week of May 20 through May 26, 2001 as Emergency Medical Service
Week in Delray Beach, Florida and commend our Emergency Medical Service teams for a job
well done. Chief Koen came forward to accept the proclamation and stated it is important to
note that Emergency Medical Service is a system where many components all come together at
exactly the right moment for the best possible outcome for the community and the citizens.
Chief Koen stated it is a very busy system in the sense that 8500 times last year the City had the
need for emergency medical services in response to this community need which averages to
about 25 times per day which is fairly typical of this entire region. Chief Koen stated this is a
very highly valued community activity and service and could not be possible without the support
of the citizens, the City Commission, and City administration. He thanked everyone for the
recognition as well as the continued support through the years.
PRESENTATIONS:
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All America City Finalist - June 22-23, 2001 in Atlanta, Georgia
Jay Alperin, stated he and Chuck Ridley Co-Chair the All America City
Committee, and proudly announced that Delray Beach has been elected as one of the finalist in
the National Civic League National Competition. The final competition round will be held in
Atlanta, Georgia on June 22-23, 2001. Mr. Alperin stated the committee will be raising
approximately $30,000 through private donations to support the effort and thanked the
Commission for their continued support.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 33-01: Approve a resolution requesting funds from the
Palm Beach County Emergency Medical Services Grant Award program to be used for the
purchase of a Special Events Response Vehicle (SERV), two (2) 12-lead monitor defibrillators,
and two (2) automated external defibrillators.
The caption of Resolution No. 33-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE
PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES
GRANT AWARD PROGRAM FOR FY 2001/2002.
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05/01/01
goB.
(The official copy of Resolution No. 33-01 is on file in the City Clerk's office.)
FIREFIGHTER INVESTMENT & RESPONSE ENHANCEMENT ACT
GRANT: Approve the application for a matching grant for the Firefighter Investment &
Response Enhancement (FIRE) Act Grant 2001, provided by F.E.M.A., for personal protective
equipment. City's required 30% matching portion is $27,981.60, with funding from 001-2315-
526-52.22 (Uniforms).
8.C. RESOLUTION NO. 34-01: Approve a resolution for action necessary for the
demolition of an unsafe structure located at 40 SW 6th Avenue.
The caption of Resolution No. 34-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR
ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY
OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
(The official copy of Resolution No. 34-01 is on file in the City Clerk's office.)
8.D. RESOLUTION NO. 35-01: Approve a resolution for action necessary for the
demolition of an unsafe structure located at 245 NW 10th Avenue.
The caption of Resolution No. 35-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR
ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY
OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
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05/01/01
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
(The official copy of Resolution No. 35-01 is on file in the City Clerk's office.)
8.E. RESOLUTION NO. 36-01: Approve a resolution for action necessary for the
demolition of an unsafe structure located at 815-941 SW 20th Court.
The caption of Resolution No. 36-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR
ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE CITY
OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
(The official copy of Resolution No. 36-01 is on file in the City Clerk's office.)
8.F. RESOLUTION NO. 38-01: Approve a resolution vacating and abandoning a 10'
utility easement within the Water's Edge development located at the southwest comer of Lake
Ida Road and Congress Avenue.
The caption of Resolution No. 38-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 10' UTILITY EASEMENT WITHIN THE
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05/01/01
8oG.
WATER'S EDGE DEVELOPMENT LOCATED AT THE
SOUTHWEST CORNER OF LAKE IDA ROAD AND
CONGRESS AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN.
(The official copy of Resolution No. 38-01 is on file in the City Clerk's office.)
AMENDMENT Itl TO ENGINEERING AGREEMENT/MATHEWS
CONSULTING, INC.: Consider an amendment to the Engineering Agreement between the City
and Mathews Consulting, Inc. to increase their hourly rates.
8.Ho
CLOSEOUT CHANGE ORDER Itl & FINAL PAYMENT/CORAL-TECH
(POLICE DEPARTMENT COMMUNICATIONS CENTER): Approve closeout Change
Order #1 in the amount of $409.79 and final payment in the amount of $11,510.98 to Coral-Tech
for completion of the Police Department Communications Center, with funding from 334.6112-
519-63.22 (Police 800Mhz Radio System).
8.I. CLOSEOUT CHANGE ORDER #4 & FINAL PAYMENT/REPUBLIC
CONSTRUCTION (VETERANS PARK RESTROOM): Approve closeout Change Order #4
in the amount of $2,725.52 and final payment in the amount of $29,027.73 to Republic
Construction and Development Corporation for completion of the Veterans Park Restroom
project, with funding in the amount of $5,608.42 from 334-4126-572-62.10 (Veterans Park
Restroom), -$3,196.50 from 446-4761-572-62.10 (Veterans Park Playground Restoration), -
$1,739.40 from 441-5161-536-62.10 (Lakeview Restroom), and $2,053.00 from 441-5161-536-
62.10 (ESD Maintenance Expansion).
go Jo
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/ARBOR TREE
(ROAD BOND SWALES): Approve closeout Change Order #1 in the deduct amount of
$174,876.14 & final payment in the amount of $14,658.10 to Arbor Tree for completion of the
Road Bond Swales project, with funding from 448-5470-538-65.41 (Swale Reconstruction).
8.K. CLOSEOUT CHANGE ORDER Itl & FINAL PAYMENT/CHAZ
EQUIPMENT (BREEZY RIDGE ESTATE): Approve closeout Change Order #1 in the
amount of $39,021.33 & final payment in the amount of $56,629.13 to Chaz Equipment for
completion of the Breezy Ridge Estate project, with funding in the amount of $8,600.00 from
442-5178-536-63.51 (R&R Sanitary Sewer), $12,093.00 from 442-5178-536-50 (R&R Water
Distribution), $18,328.33 from 370-3162-541-65.48 (2000 Road Bond-Breezy Ridge Estates).
8oL.
FINAL PAYMENT/INTRASTATE CONSTRUCTION CORPORATION
(LAKE IDA 18" FORCE MAIN CROSSING): Approve final payment in the amount of
$10,471.75 to Intrastate Construction Corporation for completion of the Lake Ida 18" Force
Main Crossing project, with funding from 442-5178-536-65.18 (Lake Ida Road Utility
Relocations).
8.M. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a
subsidy for one (1) eligible applicant in the amount of $20,000.00, for vacant property located on
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05/01/01
SW 5th Avenue. This represents the 122nd applicant under the Delray Renaissance Program.
Funding is from 118-1924-554-83.01 (SHIP Program).
8.N. LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
Consider approval of the Lien Review Advisory Committee's recommendation concerning
outstanding liens on various properties.
8oO.
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved by
the South Central Regional Wastewater Treatment and Disposal Board at the quarterly meeting
of April 19, 2001.
g.P,
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period April 16,
2001 through April 27, 2001.
8.Q.
AWARD OF BIDS AND CONTRACTS:
Contract awards through Community Development Block Grant (CDBG)
Housing Rehabilitation Grants in the amount of $17,823.75 to South
Florida Construction for rehab of a single family home at 409 SW 9th
Court, and in the amount of $17,808.00 to William Hatcher Construction
for rehab of a single family home at 705 SE 2nd Avenue, with funding in
the total amount of $35,631.75 from 118-1963-554-49.19 (Housing Rehab
CDBG) and contract awards through the State Housing Initiative
Partnership (SHIP) program in the amount of $22,774.50 to William
Hatcher Construction for rehab of a single family home at 818 SW 6th
Avenue, and in the amount of $24,832.50 to Craftsman Plus, Inc. for rehab
of a single family home at 813 SW 3rd Court, with funding in the total
amount of $47,607.00 from 118-1924-554-49.19 (SHIP Rehab Program).
Contract renewal for the purchase of gasoline and diesel fuel to multiple
vendors via the Palm Beach County Co-op Bid #99-166/PP at an
estimated annual cost of $347,715.99. Funding from account 445-4715-
572-52.11 (Golf Course/Fuel) and 501-3311-591-52.51 (Garage/Fuel).
Mrs. Archer moved to approve the Consent Agenda, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
REGULAR AGENDA:
9oAo
WAIVER REQUEST TO THE ALLEY IMPROVEMENT OBLIGATION:
Consider a waiver to LDR Section 6.1.2(A)(2)(a), associated with a request to construct a garage
at 333 NW 3rd Avenue.
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05/01/01
Jeff Costello, Principal Planner, stated the subject property is located on the east
side of N.W. 3rd Avenue, approximately 300' south of Lake Ida Road. The site contains an
existing house, which has primary access from N.W. 3rd Avenue. The proposal is to construct a
two-car garage with access provided from the unimproved alley.
Pursuant to LDR Section 6.1.2(A)(2)(a), when access to a project is provided
from a local street and/or alley, then the project must provide appropriate traffic lanes meeting
requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest
paved street or alley to the project.
The nearest paved street is Lake Ida Road, approximately 300' north of the
property. As the garage will be accessed from the alley, the alley must be constructed from Lake
Ida Road to the property. The cost for improving the 300' section of alley will be approximately
$30,000. The applicant has requested a waiver to this requirement, as it will be cost prohibitive
to construct the alley and the garage.
Mr. Costello stated staff does not recommend supporting the waiver at this time
but recommends deferral of the alley improvement obligation for 333 N.W. 3rd Avenue. Mayor
Schmidt asked if the applicant is aware that staff is recommending deferral instead of a waiver?
In response, Mr. Costello stated the applicant is fully aware that staff is recommending a deferral
instead of a waiver.
James Clinton, applicant, stated he would appreciate it greatly if the
Commission permits him to construct a two-car garage behind the house.
Mr. Levinson moved to approve the deferral of the alley improvement obligation
for N.W. 3rd Avenue, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.B. SPECIAL EVENT/HAITIAN FLAG DAY: Consider a request for special
event approval for the Haitian Flag Day Celebration to be held on Sunday, May 20, 2001,
including temporary use permit, staff support, use of City equipment, and consideration of
waiving overtime costs.
Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse
the Haitian Flag Day Celebration sponsored by Our Lady of Perpetual Help Catholic Church's
Youth Group on May 20, 2001. In addition, staff is requesting to grant a temporary use permit
per LDR's section 2.4.6(H) for use of Merritt Park, to authorize use and set up of City stage,
authorize staff support for security, trash removal and to consider waiving overtime costs.
The Youth Group of Our Lady of Perpetual Help Catholic Church is planning a
celebration for Haiti's Flag Day on May 20th. A program will be held at the church followed by
a procession to the park along S.W. 4th Street. Presentations, poems, entertainment and food
booths will be staged in the park. The park would be used from approximately 4:30 p.m. until
8:00 p.m. The estimated overtime cost for the event is $700. Last year's overtime costs were
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approximately $500.
Mr. Barcinski stated staff recommends approval of the event, the temporary use
permit, providing staff assistance for security, stage set up and removal, and trash removal, and
consideration of waiving overtime costs. Mr. Barcinski stated Officer Skip Brown helped put
together a cost estimate and they are hoping to raise funds through donations to help offset these
costs.
On behalf of the Haitian community, Officer Skip Brown invited the Commission
to attend this event.
Mr. Perlman stated he attended the event last year and feels it is a wonderful
event. He urged the Commission to continue supporting this event.
Mrs. Archer moved to approve staff's recommendation and waive the estimated
overtime costs of $700, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.C. SPECIAL EVENT REQUEST/DELRAY SPRING ART FESTIVAL:
Consider a request for special event approval to allow the Delray Spring Art Festival to be held
on May 26-27, 2001, including a temporary use permit for street closure and staff support for
security, with the event sponsor paying all overtime costs.
Mr. Barcinski stated this is a request to endorse the 3rd Annual Downtown Spring
Art Festival sponsored by Howard Alan Events, Ltd. to be held May 26-27, 2001, to grant a
temporary use permit per LDR's section 2.4.6(H) for use of City right-of-way on Atlantic
Avenue from the east side of Venetian Drive to the west side of Andrews Avenue and Salina
Avenue and use of City parking lots west of the Intracoastal for vendor parking, to authorize
staff to apply for the FDOT street closure permit and to authorize staff support for security and
traffic control.
Mr. Barcinski stated this is the third time this event is being held. The estimated
overtime cost for City services is $2,200. The applicant will pay all the overtime costs and as
well provide for trash removal, clean up, porta lets, and barricade rental.
Staff recommends endorsement of the event, granting of the temporary use permit
for the street closure and parking lot use as recommended by staff, providing staff assistance for
security and traffic control, and allowing the event sign to be installed with all overtime costs to
be paid by the sponsor. Mr. Barcinski stated the applicant is requesting use of City parking lots
west of the Intracoastal Waterway and staff recommends that this use exclude Veterans Park. In
addition, the City has a hold harmless agreement and insurance certificate.
Mr. Perlman asked about the status of the construction? In response, Mr.
Barcinski stated staff would ensure that this is open for traffic detours.
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With talking to some people who live on the beach, Mr. Levinson stated one of
the concerns is people who attend the event drive through neighborhoods and he asked if staff
could erect additional barricades and signage during this event particularly in this area because it
tends to get very congested.
Mr. Perlman moved to approve the special event request to allow the Delray
Spring Art Festival to be held on May 26-27, 2001, subject to staff recommendations, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion
passed with a 5 to 0 vote.
9.D. REQUEST FOR AN ADDITIONAL QUEUE/KYOTO SUSHI SAKE
LOUNGE: Consider a request to modify the Parking License Agreement with Kyoto Sushi Sake
Lounge, increasing the approved queue by one (1) space to accommodate the creation of a
separate pick-up area.
Paul Dorling, Planning Director, stated this item is before the Commission to
consider a proposal to modify the Parking License Agreement with Kyoto Sushi Sake Lounge
increasing their queue from four spaces to five spaces to accommodate the creation of a separate
pick-up area located on the west side of N.E. 2nd Avenue (Pineapple Grove Way), just north of
Atlantic Avenue.
The modification will accommodate three spaces on the east side to be the
designated drop-off area for incoming traffic and the two on the west side to be designated a
pick-up area for outgoing traffic. The private lot used to accommodate this queue, the Furniture
Kingdom Lot at 188 N.E. 2nd Avenue, creates the ideal scenario (Straight 1 block to park/Straight
1 block for delivery with car headed south on N.E. 2nd Avenue). To achieve this separation, the
current Parking License Agreement must be increased from four to five spaces.
The Parking Management Advisory Board considered this proposal at their April
24, 2001, meeting and unanimously recommended approval.
Mrs. Archer moved to approve the request to modify the Parking License
Agreement with Kyoto Sushi Sake Lounge, increasing the approved queue by one (1) space to
accommodate the creation of a separate pick-up area, seconded by Mr. Perlman. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.E. REQUEST TEMPORARY PARKING PERMITS/CASTLE FLORIDA:
Approve a request from Castle Florida for temporary parking permits extending the 2-hour
regulation (Worthing Lot behind the Grip Building), to accommodate construction activities for
Sopra Restaurant. Parking Management Advisory Board recommended denial
Paul Dorling, Planning Director, stated the applicant is requesting four dashboard-
parking passes extending the 2-hour parking limit in the Worthing Lot for various subcontractors
who will be doing interior construction work in the Grip Building for Sopra Restaurant. These
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passes are to accommodate those subcontractors who have to make continuous trips back and
forth to their trucks for materials and supplies throughout the day. The use of the spaces, if
approved, will commence in the beginning of May and end sometime in August.
If approved, Mr. Dorling stated the contractor has agreed that the construction
employees will park in the Grip Building parking lot minimizing the impact for 8-hour spaces in
the Worthing Lot.
At their April 24, 2001 meeting, the Parking Management Board made a
recommendation of denial. This was forwarded siting concerns over setting a precedent for
future requests and the fact that there was adequate 8-hour parking in close proximity.
Mayor Schmidt asked where the 8-hour parking is located? In response, Mr.
Dorling stated the Worthing Lot is a split between the 2-hour and 8-hour parking lot. The
southern row of parking in Worthing lot is 8 hours.
Mrs. Archer stated the concern of the Parking Management Board was that by
allowing special construction passes particularly in an area where there was already parking
provided, may cause problems in having future construction efforts by continually asking for
construction passes because there was a remote area where they could park. The other concern
was that by granting four passes to subcontractors who would be coming in and out would put
the construction company in a position of having individuals parking there on a regular basis
whether they were needed or not. Mrs. Archer explained that this is the basis of why the Parking
Management Board recommended denial.
Mr. Levinson asked why the building does not have sufficient parking? Mrs.
Archer stated the Grip Building was not in attendance and stated the feeling was that this was a
problem for the Grip Building to solve not the City.
Mr. Dorling stated there is parking in the garage underneath the Grip Building and
then it is remote to the Worthing Lot. The interest was because there would be so much traffic
back and forth, they wanted to be able to park very close (2-hour spaces versus the 8-hour
spaces).
At this point, Mr. Perlman asked what staff's rationale was for recommending
approval of the applicant's request? In response, Mr. Dorling stated staff did not see any harm in
providing four spaces if they were enforced and with the commitment that the balance of the
contractors not take up the public parking spaces. Mr. Dorling stated staff felt this was a better
situation than allowing them to ballpark fairly close to the building.
Mrs. Archer commented if this is supposedly for the subcontractors to get in and
out, would two parking spaces be sufficient? In response, Mr. Dorling stated Castle Florida
asked for four parking spaces and he is not sure if two spaces would be sufficient.
Mr. Levinson asked if there is anything that would prohibit them from parking in
the 8-hour parking spaces and commented about the City not being able to enforce it if they do
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choose to park in the 8-hour spaces? Mr. Dorling stated there is nothing that would prohibit them
from parking in the 8-hour parking spaces and the City would have no way to enforce it.
Mrs. Archer moved approval of the request from Castle Florida for two parking
spaces including the provisions that the balance of the parking be in the Grip Building parking
lot, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy -No; Mayor Schmidt- No; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 3 to 2 vote.
9.F. CONTRACT AWARD/GTE BUILDERS (CITY MARINA & SARAH
GLEASON PARK: Consider approval of a contract award in the amount of $749,522.60 to
GTE Builders (second low bid) for the City Marina Improvement and Sarah Gleason Park
Improvements Phase I project. Funding is available in the amount of $372,870.00 from 426-
4311-575-65.23 (City Marina Improvements), $241,780.00 from 334-4181-572-63.90 (Sarah
Gleason Park Improvements). The balance of funds will be from 2000 Roadway Bond surplus,
$94,323.00 from 370-3162-541-65.23 and $40,550.00 from 370-3162-541-65.57 respectively.
Mayor Schmidt stated he had a request from one of the neighbors to this area for
an explanation of the project. He feels this is a little late in the process because this has been
through Planning and Zoning and SPRAB approval. Mayor Schmidt asked Mr. Hasko to give an
overview of the project before the Commission considers the contract.
Dick Hasko, Director of Environmental Services, explained that the primary issue
is the marina and the way the parking configuration is planned. He stated there were several
iterations of plans looking at how best to deal and balance the formalization of parking in this
area without loosing all the open space and green area. There were right-of-way restrictions in
terms of perimeters and there were other things going on in the vicinity in terms of the project.
In order to maximize the parking you are limited to the length of the roadway because the right-
of-way necks down on the south. If this were done, then all the potential for green area would be
destroyed in the north end. Mr. Hasko stated one alternative would be to have a one-way street
with angled parking but the traffic circulation did not work. In order to maintain the two-way
traffic, the only other alternative was the parallel parking configuration, which is what the City
ended up with. Mr. Hasko stated there are a total of 40 parking spaces on the current plan with a
two-way traffic condition.
Mr. Hasko stated this contract award is before the Commission to approve a
contract award in the amount of $749,522.60 to Green Team Enterprises, Inc. (d/b/a GTE
Builders) for the City Marina Improvements & Sarah Gleason Park Improvements. The
proposed bid award is to the second low bidder. Upon examination of the bids, the apparent low
bidder, Castle Florida Building Corp., provided an incomplete and erroneous package. After a
meeting with a representative from Castle Florida Building Corp. and the architects office to
review the bid package for scope and content, Castle Florida Building Corp. has acknowledged
an error with respect to both projects and has withdrawn their bid. Therefore, the lowest
responsible bidder for both projects is GTE Builders.
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Staff is proposing a bid award to Green Team Enterprises, Inc. (d/b/a GTE
Builders) with a modification to the City Marina Scope to delete the line item for Dock and
Seawall Repairs. The price that was bid was extremely high for the scope of services involved
and is also an easy scope to separate from the project and rebid at a later date because it involved
some seawall repair, some patching of concrete, replacing of some dolphins. Funding is
available to augment this project with 2000 Roadway Bond surplus funds in addition to the
current project funding that had been set aside in the capital plan.
Mr. Perlman moved to approve the contract award in the amount of $749,522.60
to Green Team Enterprises, Inc. (d/b/a GTE Builders) as second low bidder for the City Marina
Improvement and Sarah Gleason Park Improvements Phase I project, subject to removal and
seawall, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
0.Go
INITIATION OF AN AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS: Consider the initiation of an amendment to the LDR's Section 4.6.9
(Parking) and 4.6.16 (Landscaping) to accommodate preservation of mature trees in parking
areas.
Paul Dorling, Planning Director, stated the request is an initiation of LDR text
amendments to Sections 4.6.9 (Parking) and 4.6.16 (Landscaping) to allow a reduction in
required parking and flexibility with respect to placement of required landscape islands to allow
the preservation of mature trees in parking lots.
Prior to adoption of the City's Land Development Regulations in October, 1990
the Land Development Regulations of the City of Delray Beach contained a provision which
permitted substitution of mature, exceptional tree specimens for required parking spaces. The
regulation allowed for reduction in the required parking when it would result in the preservation
of specimen trees. With the rewrite of the LDR's in 1990 this provision was removed.
The City Commission considered a waiver request for "Elizabeth's on 7th
Restaurant" to waive one required parking space to save a large Black Olive tree. These
proposed amendments would allow that to be accomplished without going through the waiver
process.
Ms. McCarthy moved to approve the initiation of LDR text amendments to
Sections 4.6.9 (Parking) and 4.6.16 (Landscaping), seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Prior to the vote, Mr. Levinson inquired about whether there is a definition for the
words "mature trees". In response, Mr. Dorling stated that there is a definition in the LDR's in
1990. It related to the girth of the tree, the approximate age and height of the tree and this would
be added to Section 4.6.16 (Landscaping) as part of this.
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05/01/01
Mrs. Archer asked if this would include foreign species? In response, Mr. Dorling
stated this would not include foreign species which are encouraged to be removed, but would
include native species.
9.H. RESOLUTION NO. 32-01 (MID-YEAR BUDGET ADJUSTMENT):
Consider approval of a resolution making mid-year adjustments to the adopted budget for FY
2001.
The City Manager presented Resolution No. 32-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO.
71-00 ADOPTED SEPTEMBER 19, 2000, WHICH MADE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR THE FISCAL YEAR 2000/2001, BY
SETTING FORTH THE ANTICIPATED REVENUES AND
EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY
FOR THE FISCAL YEAR 2000/2001; REPEALING ALL
RESOLUTIONS INCONSISTENT HEREWITH.
(The official copy of Resolution No. 32-01 is on file in the City Clerk's office).
The City Manager stated that this is the budget adjustment with an explanation of
various changes. The major part of the change is due the fact that the City's health insurance
bids came in higher than anticipated and the debt change is about $1,000,000 in the general fund.
With regard to the Tennis Stadium Fund, Mr. Perlman commented about the
$150,000 being brought over from the General Fund to cover the deficit in the sponsorships and
Citrix revenues, and asked if the City is awaiting the report from the Tennis Facilities Task Team
before we move forward with an RFP on the naming rights? In response, the City Manager stated
staff has started working on the RFP. At one time, the Tennis Facilities Task Team had asked
the City to wait until they considered it and now the City is at a point to start working on this.
Mr. Levinson asked the City Manager when he anticipates this would be ready for
the Commission to review? In response, the City Manager stated he would be more than happy
to find this out. Mr. Levinson stated it would be great to do this very soon so that someone can
get the season of naming rights.
Mrs. Archer moved to approve Resolution No. 32-01, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0
vote.
9.1. RESOLUTION NO. 37-01:
Revision Committee for the sole purpose
recommendations to the City Commission.
Consider a resolution establishing a Charter
of reviewing the City Charter and formulating
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05/01/01
The City Manager presented Resolution No. 37-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING A CHARTER
REVISION COMMITTEE FOR THE SOLE PURPOSE OF
REVIEWING THE CITY'S CHARTER AND FORMULATING
RECOMMENDATIONS TO THE CITY COMMISSION.
(The official copy of Resolution No. 37-01 is on file in the City Clerk's office.)
Mr. Levinson asked if there is some coordination that can be done so the City
does not end up with 11 business people and no residents or 11 homeowners' presidents and no
business representation.
Mayor Schmidt suggested that each Commissioner bring their perspective names
to the Workshop Meeting of May 8, 2001 for discussion. The appointments to the Charter
Revision Committee can then be made at the next Regular Commission Meeting of May 15,
2001.
Ms. McCarthy moved to approve Resolution No. 37-01, seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Mrs. Archer- Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with
a 5 to 0 vote.
9.Jo
APPOINTMENTS TO THE POLICE AND FIRE BOARD OF TRUSTEES:
Appoint one member to the Police and Fire Board of Trustees to fill an unexpired term ending
June 30, 2002. Appointment will be made by Commissioner Archer (Seat #2). Appoint one
member for a two-year term ending April 22, 2003. Appointment will be made by
Commissioner Levinson (Seat #3).
Mrs. Archer moved to appoint Harry J. Hamilton as a member to the Police and
Fire Board of Trustees to fill an unexpired term ending June 30, 2002, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy
- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes. Said motion passed with a
5 to 0 vote.
Mr. Levinson moved to reappoint John Frysinger (incumbent) as a member to the
Police and Fire Board of Trustees for a two-year term ending April 22, 2003, seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt- Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
At this point, the time being 6:45 p.m., Mayor Schmidt asked the City Manager to
give the Commission an update regarding the funding request from Delray Youth Enrichment
Vocational Center.
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05/01/01
With regard to the Delray Youth Enrichment Vocational Center, one thing that
was pointed out was $70,000 from Police in-kind services as opposed to cash. What they are
asking for in terms of cash is $100,000 capital and $150,000 a year for three years. The
explanation of the revenue is pretty much like was previously presented that over time the
amount of academic time they have versus what they are doing on the job changes so the amount
of money they are getting from the School Board changes.
Mayor Schmidt asked if the City has looked preliminarily how the operating part
may fit into the budget for next year or the following years? The City Manager stated this has not
been done.
Mr. Levinson asked when will the City anticipate they will have enough material
to provide to the Commission? In response, the City Manager stated he previously suggested the
$100,000 could come out of what the City has reserved for neighborhood improvements. The
City Manager stated this is not exactly what was envisioned but the money is available and it
would definitely have a significant impact on the neighborhood where most of these young
people would be coming out of initially and others in the future. As far as $150,000, that is a
matter of priorities. With regard to priorities, the City Manager stated the budget will be
addressed in the summer. If the Commission makes a decision that the money is going in then
the City can put it in and at that time will have to decide how it affects everything else. The City
Manager stated it is hard to visualize the whole picture until the entire budget is presented until
the Commission has a chance to review it which will be towards the end of July.
Mr. Perlman asked how much money the City has in the Neighborhood
Improvement Fund? In response, the City Manager stated $250,000, which is earmarked for
neighborhood improvements and he was under the impression that this money could be used for
any neighborhood although the City is trying to focus on three neighborhoods (Delray Shores,
Chatelaine, and Rainberry Woods) in the western part of the City. Mr. Perlman asked if Langton
is available to do any kind of work on this? The City Manager stated they are aware of the need
but he has not had a chance to speak with them as to what they feel the prospects might be. Mr.
Perlman stated he spoke to Representative Andrews who stated he would research to see what
the State might be able to bring to the table with regard to money for Charter Schools. Mr.
Perlman stated the City made an implicit promise to some of the neighborhoods out west and
feels there is some expectation to move forward with some of those improvements for Delray
Shores, Chatelaine, and Rainberry Woods. The City Manager stated he does not foresee this
happening this fiscal year. The City Manager stated he expects to bring Mr. Safford's report to
the Workshop Meeting of May 8t" and go into this in greater detail. Mayor Schmidt gave
direction to the City Manager to ask Lula Butler, Director of Community Improvement, to give
the Commission a projection for what is going to be spent this fiscal year on Delray Shores.
Mr. Levinson stated he would like to know what dollar amount the City is talking
about as it relates to neighborhood improvements. He feels some of the money should be carried
forward to be able to complete the neighborhood improvements for Delray Shores, Chatelaine
and Rainberry Woods. Mr. Levinson stated he shares concerns regarding the City's implicit
promise made to these three neighborhoods.
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05/01/01
Mrs. Archer suggested that the Commission put this item on the Workshop
Meeting of May 8th for further discussion and see if we can contact Representative Andrews to
see if there is any other means of assistance and then make a decision.
It was the consensus of the Commission to continue discussion regarding the
funding of the Delray Youth Enrichment Vocational Center Funding to the Workshop Meeting
of May {~th.
Claire Marseille, with the Youth Group at Lady Perpetual Help Church, read
a poem to the City Commission.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 29-01: An ordinance amending LDR Sections 4.6.9(D) and
6.1.4(D), regarding paving of driveways and parking spaces, and providing an amortization
period. If passed, a public hearing will be scheduled for May 15,2001.
The City Manager presented Ordinance No. 29-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH FLORIDA, AMENDING CHAPTER 4,
"ZONING REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ARTICLE 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET
PARKING REGULATIONS", SUBSECTION 4.6.9(D), "DESIGN
STANDARDS", BY AMENDING SUB-SUBSECTION 4.6.9(D)(8),
"PARKING SURFACES AND DRAINAGE"; AMENDING
CHAPTER 6, "INFRASTRUCTURE AND PUBLIC PROPERTY",
ARTICLE 6.1, "DESIGN STANDARDS AND REQUIREMENTS",
SECTION 6.1.4, "DRIVEWAYS AND POINTS OF ACCESS", BY
AMENDING SUBSECTION 6.1.4(D), "CONSTRUCTION
REQUIREMENTS", BY CLARIFYING REGULATIONS
RELATING TO THE PAVING OF DRIVEWAYS AND PARKING
AREAS; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 29-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated these LDR amendments are to Section
4.6.9(D) and 6.1.4(D). This amendment is being process to re-emphasize the requirement that all
developed property within the City of Delray Beach must have paved off-street parking and
driveways. The proposed changes require existing developed property, excluding single-family
homes, that currently is not in compliance within a 3 year period. The proposed ordinance will
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05/01/01
not affect properties, which have either received a variance from the off-street parking and/or
driveway paving requirements, or approval from the City Engineer to use another type of
material besides asphalt or concrete.
The Planning and Zoning Board held a public hearing regarding this item at its
meeting of April 16, 2001. There was no public testimony regarding the amendment. After
discussing the item, the Board voted 7-0 to recommend to the City Commission approval of the
proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M).
Discussion by the Commission followed.
Ms. McCarthy asked when we started to change this ordinance, were those people
previously grandfathered in? In response, Mr. Dorling stated most of the situations we have
were areas that were annexed into the City and developed in the County. For one reason or
another they were not required to pave their surfaces. Mr. Dorling stated to his knowledge the
City's requirements for paving of parking lots and driveways is a long-standing ordinance. In
addition, Mr. Dorling stated this is being done to bring those existing properties to current
conditions. In absence of any development, Mr. Dorling stated there would be no way for the
City to require upgrading of the property.
Mrs. Archer asked if we were to annex a property in that had an existing dwelling
on it and there was no sidewalk in front of the property and they were required to pave the
driveway, what would we be doing about the sidewalk if none were required in the immediately
surrounding area? In response, Mr. Dorling stated this ordinance does not address sidewalks but
addresses paved parking lots and driveways only.
Mr. Perlman moved to approve Ordinance No. 29-01 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said
motion passed with a 4 to 1 vote.
After the vote, Ms. McCarthy stated that when these complexes and
neighborhoods agreed to the annexation and were supportive of it, this was not part of the issue.
She is pleased that the City is giving them a three-year period to do this, however, she is
uncomfortable throwing things at people after the fact. Ms. McCarthy stated in the future when a
neighborhood is annexed into the City, she would like to see that they are made aware of these
things ahead of time and not after the property is annexed.
The City Manager stated the sign code for commercial areas is quite a bit different
from the County. When we annex in areas that have signs, the City will try to be careful to
inform them what changes will be required and how quickly they will need to be in compliance
with the City Code.
Ms. McCarthy asked Mr. Dorling what happens to these people that do not
comply within a three-year period? Mr. Dorling stated they would be subject to Code
Enforcement action.
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12.B. ORDINANCE NO. 33-01: An ordinance adopting the Community
Redevelopment Plan Amendment. If passed, a public hearing will be scheduled for May 15,
2001.
The City Manager presented Ordinance No. 33-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH;
FINDING THAT THE MODIFICATIONS CONFORM TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS
AMENDED; FINDING THAT THE MODIFICATIONS ARE
CONSISTENT WITH THE CITY OF DELRAY BEACH'S
COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS
PURSUANT TO THE APPLICABLE REQUIREMENTS OF
FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 33-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated the proposed amendments are intended to
update the background and status of the agency's programs; update property acquisition maps;
and, include language that addresses the additional responsibilities be given to the West Atlantic
Redevelopment Coalition (WARC).
The Plan is consistent with the Future Land Use Map and does not require any
Future Land Use Map changes to implement its programs. While many of the CRA's projects
involve staff or financial participation by the City, including the Downtown Business Area Plan
and the Seacrest/Del-Ida Park Neighborhood Improvement Program, applicable Policies are
included within the Comprehensive Plan for City participation in these programs. Therefore, a
positive finding can be made with respect to consistency with the Goals, Objectives and Policies
of the Comprehensive Plan.
In terms of the new commitments to financing of particular projects and
programs, the amendment adds the City as a funding source for Program #2.9, "Pineapple Grove
Main Street Program" to participate in funding the development of public/private parking lots.
The City has not yet made this commitment and the item is not included in the City's
Comprehensive Plan.
At its meeting of April 16, 2001, the Planning and Zoning Board held a public
hearing on the proposed Plan and unanimously recommended approval of the rezoning by a 7 to
0 vote.
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Mr. Perlman moved to approve Ordinance 33-01 on FIRST Reading, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt ~ Yes. Said motion passed
with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
IO.A.
ORDINANCE NO. 17-01 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations regarding parking requirements in
the CBD (Central Business District) zone district to accommodate required parking utilizing
valet or tandem parking and establishing design standards for valet and tandem parking
arrangements. (Continued from the March 6th Regular Commission Meeting). Staff recommends
continuing to a date certain of May 15, 2001. Prior to consideration of this ordinance on FIRST
Hearing/First Public Hearing, a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 17-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT, SUBSECTION
4.4.13(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR
CERTAIN USES MAY BE PROVIDED AS VALET PARKING,
SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL
USE APPROVAL; AMENDING SUBSECTION 4.4.13(G),
"SUPPLEMENTAL DISTRICT REGULATIONS", AMENDING
SECTION 4.6.9, "OFFSTREET PARKING REGULATIONS",
SUBSECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY
STRUCTURES", TO PROVIDE THAT PARKING MAY BE
PROVIDED IN FRONT OF GARAGE UNITS WITHIN
TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS,
SUBJECT TO CONDITIONS; AMENDING SUBSECTION 4.6.9(F),
"SPECIAL PROVISIONS", BY ENACTING A NEW
SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN
STANDARDS AND REGULATIONS FOR VALET AND TANDEM
PARKING ARRANGEMENTS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 17-01 is on file in the City Clerk's office.)
The City Attorney recommended continuing the First Reading/First Public
Hearing of Ordinance No. 17-01 to a date certain of May 15,2001.
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The City Manager stated this is where the Commission decided to delay the
ordinance until the City receives possible suggestions from the Charrette process which has not
yet been completed. The City Manager explained reports would be presented Friday evening so
staff felt it would be appropriate to delay this until the next regular meeting.
Mrs. Archer moved to continue the First Reading/First Public Hearing of
Ordinance No. 17-01 to a date certain of May 15, 2001 at 7:00 p.m., seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
10.B. ORDINANCE NO. 23-01 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending LDR Section 4.3.3(1) Foster Homes and Group Homes,
and related zoning districts, pursuant to LDR Section 2.4.5(M). Prior to consideration of passage
of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
at this time.
The City Manager presented Ordinance No. 23-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.3,
"DISTRICT REGULATIONS, GENERAL PROVISIONS,"
SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES" OF THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING SUBSECTION (I), "FOSTER HOMES
AND GROUP HOMES", AND ENACTING A NEW SUBSECTION
(I), "COMMUNITY RESIDENTIAL HOMES AND GROUP
HOMES", TO PROVIDE FOR REGULATION OF GROUP HOMES
AND COMMUNITY RESIDENTIAL HOMES; AMENDING
SECTION 4.4.1, "AGRICULTURE ZONE DISTRICT (A)",
SUBSECTION 4.4.1(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED"; AMENDING SECTION 4.4.2, "RURAL
RESIDENTIAL (RR) ZONE DISTRICT", SUBSECTION 4.4.2(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED";
AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL
(R-l) DISTRICTS", SUBSECTION 4.4.3(B), "PRINCIPAL USES
AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.5,
"LOW DENSITY RESIDENTIAL (RL) DISTRICT," SUBSECTION
4.4.5(B), "PRINCIPAL USES AND STRUCTURES PERMITTED",
SUBSECTION 4.4.5(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED, SUBSECTION 4.4.6(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.9,
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"GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION
4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED",
SUBSECTION 4.4.9(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; BY AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION
4.4.13(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED"; AMENDING SECTION 4.4.17, "RESIDENTIAL
OFFICE (RO) DISTRICT," SUBSECTION 4.4.17(B), "PRINCIPAL
USES AND STRUCTURES PERMITTED", SUBSECTION
4.4.17(C), "ACCESSORY USES AND STRUCTURES
PERMITTED", SUBSECTION 4.4.17(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.21,
COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION
4.4.21(B), ""PRINCIPAL USES AND STRUCTURES ALLOWED",
SUB SECTION 4.4.21 (D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD),
SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES
ALLOWED" SUBSECTION 4.4.24(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED" TO PROVIDE FOR THE
REGULATION OF GROUP HOMES AND COMMUNITY
RESIDENTIAL HOMES; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 23-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Jay Jambeck, Assistant City Attorney, stated slight changes were made to this
ordinance based on the Commission comments.
Mr. Perlman stated he feels it is important to note that this is corrective in nature.
Mr. Jambeck emphasized that the changes made were minor wording changes to the definition
"group home".
Mayor Schmidt declared the public hearing open.
Alice Finst, 707 Place Tavant, representing the Board of Directors of the
Homeowners' League of Chatelaine, stated there is an item that reads: "no more than six
unrelated residents Group Home Type 1" and asked if this type of group home would be
permitted an R-l-AB (Single Family Residential) zoning? In response, Jay Jambeck, Assistant
City Attorney stated this would be permitted in R-1 zoning. Ms. Finst stated the City Code states
that it is no more than five unrelated persons and inquired as to why this ordinance provides for
up to six unrelated residents. Mr. Jambeck explained that the Florida Statute that this ordinance
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is based on provides up to six unrelated residents so it is consistent with Chapter 419, Florida
Statutes.
Ms. Finst stated this could be a problem as far as the interpretation of the zoning
code. Mayor Schmidt commented that he assumes the Florida Statute would supersede the
City's ordinance. Mr. Jambeck stated that indeed the Florida Statute would supersed the City's
ordinance. Ms. Finst stated there is apparently no square footage as far as the size of the house
that this could go into. She stated there are two-bedroom homes in Chatelaine and asked if there
could be six unrelated people living in a two-bedroom house?
There being no one else who wished to address the Commission on this issue, the
public hearing was closed.
The City Manager recommended that Ms. Finst voice her concerns to State and
Federal Legislators because they have the power to change it. He stated it is important for
people to remember that a "group home" is different than simply five unrelated individuals living
together. In a "group home" they must be living together as a family and there is a certain
amount of supervision and support care.
Mrs. Archer moved to adopt Ordinance No. 23-01 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
Prior to the vote, Mr. Perlman emphasized that this is not something the City is
doing to ensure that neighborhoods are filled with group homes. Mr. Perlman reiterated the
wording change to this ordinance is corrective in nature and stated State and Federal regulation
tie the City's hands to a certain extent. Therefore, Mr. Perlman suggested if someone is
concerned over this issue, they need to contact the State and/or their Congressman.
10.C. ORDINANCE NO. 21-01: An ordinance amending Chapter 92, "Boats and
Boating", Section 92.10, "Mooring to Public Property" of the City Code of Ordinance to prohibit
prolonged dockage at Veterans Park, and also the use of City electricity and other utilities while
docking. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 21-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92,
"BOATS AND BOATING", BY AMENDING HEADING,
"GENERAL PROVISIONS", SECTION 92.10, "MOORING TO
PUBLIC PROPERTY", TO SPECIFY THE LENGTH OF TIME
A PERSON IS PERMITTED TO DOCK AT VETERANS PARK,
LIMITING THE USE OF CERTAIN CITY FACILITIES IN
VETERANS PARK AND REFERENCING LDR SECTION
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4.3.3(U) RESTRICTING LIVE ABOARD VESSELS;
PROVIDING A GENERAL REPEALER CLAUSE; A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 21-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 21-01 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
10.1). ORDINANCE NO. 31-01: An ordinance amending Chapter 73, "Parking
Schedule" of the City Code of Ordinance by extending the two-hour parking regulation along
Atlantic Avenue, east of Swinton Avenue to State Road A1A, to 8 p.m. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to
be held at this time.
The City Manager presented Ordinance No. 31-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII,
"TRAFFIC CODE", CHAPTER 73, "PARKING SCHEDULES",
SCHEDULE I. "TWO-HOUR/FOUR-HOUR PARKING
ZONES", BY AMENDING SUBSECTION (B), "TIME LIMIT",
TO PROVIDE THE PARAMETERS FOR PARKING ON
ATLANTIC AVENUE FROM SWINTON TO A1A;
PROVIDING FOR A GENERAL REPEALER CLAUSE; A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 31-01 on Second and FINAL
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Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 20-01: An ordinance amending Chapter 97 "Health and
Safety", by creating Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinance
thereby adopting a method to be adhered to by Vegetation Maintenance Companies and Public
Utility Companies within the City of Delray Beach in order to help control the spread of Citrus
Canker. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 20-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING A METHOD OF
CITRUS CANKER DECONTAMINATION TO BE ADHERED
TO BY VEGETATION MAINTENANCE COMPANIES AND
PUBLIC UTILITY COMPANIES WITHIN THE CITY OF
DELRAY BEACH; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE. DATE.
(The official copy of Ordinance No. 20-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 20-01 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes. Said motion passed with a 5 to 0 vote.
10.F. RESOLUTION NO. 39-01 (STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): A resolution adopting
the Local Housing Assistance Plan for Fiscal Years 2001-2004 pursuant to the State Housing
Initiatives partnership (SHIP) Program. Prior to consideration of passage of this resolution, a
public hearing has been scheduled to be held at this time.
The City Manager presented Resolution No. 39-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING THE LOCAL
HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE
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HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS
ATTACHED HERETO; ESTABLISHING A MAXIMUM COST
PER UNIT, THE STRATEGIES AND INCENTIVES OF THE
PLAN, THE MAXIMUM SHIP FUNDS ALLOWABLE FOR
ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR
ADMINISTRATIVE EXPENSES; AUTHORIZING THE
NECESSARY CERTIFICATIONS BY THE MAYOR AND
AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE
HOUSING FINANCE CORPORATION; PROVIDING FOR AN
EFFECTIVE DATE UPON APPROVAL.
(The official copy of Resolution No. 39-01 is on file in the City Clerk's office.)
Lula Butler, Director of Community Improvement, stated this item is before the
Commission because under the SHIP Program the State requires the City to adopt and approve a
housing assistance plan for the next three years by adopting Resolution No. 3%01 pursuant to
Title 67-37 of the Florida Administrative Rules. Ms. Butler stated the City anticipates receiving
approximately $443,000 per year because of the dock sales and commented that housing sales
have been wonderful.
Mr. Perlman commended Ms. Butler for the outstanding job she has done with
housing and questioned why the annual allotment does not change over the three-year fiscal year
period? In response, Ms. Butler stated because they tell you must use the allotment that they
project and they make it the same for three years even though it will change each year.
Ms. McCarthy asked if Ms. Butler has found that they have been able to keep up
with the cost of the lots? In response, Ms. Butler stated the lower interest rates have helped,
however, the lot costs have gone up. Ms. Butler stated the availability of lots these days is a
challenge for the City. Ms. McCarthy asked if this is something the City should address as well?
Ms. Butler stated one of the reasons staff is putting the lot acquisition in this particular plan is
because the Delray Beach Housing Authority (DBHA) has indicated that there is a parcel of land
that they would like to have some joint participation with from the City to do new home
ownership and to target attractive land to acquire.
Mrs. Archer asked if this money would be used for single family homes? In
response, Ms. Butler stated this money would be used for single family homes.
Ms. McCarthy stated in order for the City to get FHA criteria costs heightened,
people locally need to write to HUD to say the medium price of homes is "xxx" number of
dollars and suggested that perhaps the City could do this and it may help for next year's
allocation. Ms. Butler stated the City has increased up to $134,000 as our maximum affordable
unit and the City does use FHA criteria. Furthermore, Ms. Butler stated the allocation of SHIP
dollars is not based on the cost of housing but is based on the doc stamps that are created.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
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Mr. Perlman moved to adopt Resolution No. 39-01, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
ll.A.
City Manager's response to prior public comments and inquiries.
In response to a prior comment regarding children "jay walking" along Barwick
Road, the City Manager stated the Police Department has worked very hard trying to make this
area as safe as possible for children traveling to and from school. For example, the Police
Department started a Bicycle Helmet Project in 1999, which has resulted in over 250
documented contacts with students. Even with this effort, the City Manager explained children
would do things that will put themselves in danger from motorists. The City Manager stated
officers would speak to representatives from both schools to encourage their students to follow
the sidewalks and always be watchful when crossing the road. With regard to the possibility of
placing a crossing guard somewhere in the middle of the stretch between Atlantic Avenue and
Lake Ida Road, the Police Department would like to assess this possibility before providing a
definite answer. The Police Department will have someone monitor the pedestrian flow to
determine the number of children that would cross Barwick Road away from the regular crossing
and evaluate whether an additional crossing guard is the solution or whether there may be other
ways of addressing the problems. A further response should be available by the Regular City
Commission Meeting of May 15,2001.
Secondly, the City Manager distributed maps to the Commission of the northwest
area that shows existing sidewalks in green, sidewalks that are in the 2000 Bond Program are
shown in brown, sidewalks adjacent to Atlantic Groves are shown in blue, and there are six
streets where sidewalks will be built under the Community Development Block Grant (CDBG)
Program. The City Manager stated that by the end of the year when these sidewalks are
completed, every street in this area will have a sidewalk on at least one side with the exception of
the north end of Roosevelt Avenue and a section ofN.W. 1st Street where the right-of-way is not
sufficient to allow for a sidewalk. The City Manager commented that a map would be sent to
Mrs. Rosetta Rolle and to the Northwest Neighborhood Presidents Council.
ll.B.
From the Public.
ll.B.1. Jean Beer, 2145 S.W. 26th Terrace, stated she had a brief conversation with
Mayor Schmidt at the Charrette about the need for more leadership training for the Presidents
and residents of the various homeowners' associations. Ms. Beer suggested that there be area
meetings where staff could give a presentation and explain the City Boards and how they
operate. In addition, Ms. Beer stated that City could also have something like Leadership Delray
that could be done on an area basis. Mrs. Beer stated she feels this could be done on an area
basis and would perhaps make people more aware of the different points of view and the
different problems involved.
ll.B.2. Chuck Ridley, 137 S.W. 12th Avenue, commented about the Downtown
Charrette and stated he feels it is the best process thus far for bringing the community together to
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look at the common interest of this community. He stated that with each Charrette there comes
implementation and urged the Commission to continue to provide the necessary leadership so
recommendations will be considered at the Charrette on Friday, May 5th. On behalf of all the
residents who participated and those who could not, Mr. Ridley thanked the Commission.
Mr. Levinson stated that just because he will not be attending the Charrette on
Friday does not mean he is not committed. Mr. Levinson informed Mr. Ridley that he would be
attending a graduation.
ll.B.3. Kevin Warner, 240 Venetian Drive, echoed comments made by Mr. Ridley
about the Downtown Charrette.
Secondly, Mr. Warner thanked the Fire Department and the City for purchasing
the new fire vehicle ("Fire Pumper"). Mr. Warner stated he had the pleasure of not only seeing
the vehicle but he learned a lot about EMS functions and fire functions.
ll.B.4. Alice Finst, 707 Place Tavant, echoed comments made by Mr. Ridley and agree
that the Downtown Charrette was moving to see people from all different parts of the City
working together with the plan.
Ms. Finst stated she visited the old CRA office and was cordially welcomed and
given the grand tour of all the plans and feels the Charrette produced some very innovative ideas.
She emphasized that this is indeed open to the public and encouraged everyone to review the
exciting plans for the West Atlantic Avenue area.
At this point, the Commission moved to Item 12.C., Ordinance No. 28-01.
12.C. ORDINANCE NO. 28-01: An ordinance amending Chapter 52, "Water" of the
City Code of Ordinances. If passed, a public hearing will be scheduled for May 15, 2001.
The City Manager presented Ordinance No. 28-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 52,
"WATER", SUBHEADING, "GENERAL PROVISIONS"; BY
AMENDING SECTION 52.01, "TURNING ON OF SERVICE", TO
PROVIDE A NEW TITLE, "TURNING ON SERVICE"; BY
RELETTERING THE FIRST PARAGRAPH SUBSECTION (A)
AND BY CREATING A NEW SUBPARAGRAPH (B),
PROVIDING FOR THE OPENING OF AN ACCOUNT IF THERE
IS ONLY ONE METER; BY AMENDING SECTION 52.03, "USE
OF WATER FROM HYDRANTS", SUBSECTION (B), TO
PROVIDE FOR THE RETURN OF THE METER BEFORE THE
DEPOSIT IS REFUNDED; BY AMENDING SECTION 52.04,
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'INTERCONNECTION OF PUBLIC AND PRIVATE SYSTEMS",
TO PROVIDE FOR INTERCONNECTIONS WITH ADJACENT
MUNICIPALITIES AND WATER UTILITIES; BY AMENDING
THE SUBHEADING, "METERS", BY REPEALING SECTION
52.15, "MINIMUM SIZE OF METERS" AND ENACTING A NEW
SECTION 52.15, "MINIMUM SIZE OF METERS", TO PROVIDE
A METHOD TO DETERMINE THE CORRECT METER SIZE; BY
AMENDING SECTION 52.17, "MULTIPLE CONNECTIONS
THROUGH ONE METER", TO PROVIDE FOR CONNECTIONS
THROUGH ONE METER UNDER CERTAIN
CIRCUMSTANCES; BY AMENDING SECTION 52.19,
"VEGETATION WATER METERS", SUBSECTIONS (A) AND
(B) AND ENACTING A NEW SUBSECTION (D), TO PROVIDE
FOR THE LOCATION AND CIRCUMSTANCES WHERE USE
OF A SEPARATE VEGETATION WATER METER IS
PERMISSIBLE; BY AMENDING SECTION 52.30, "OWNER
RESPONSIBLE FOR CHARGES", BY REPEALING THE FIRST
PARAGRAPH AND ENACTING NEW SUBSECTIONS (A), (B),
(C), (D), AND (E) TO CLARIFY THE RESPONSIBILITIES OF
OWNERS AND TENANTS; BY REPEALING SECTION 52.33,
AND ENACTING A NEW SECTION 52.33, "DEPOSIT TO
GUARANTEE PAYMENT", TO CONSOLIDATE THE RATES
AND THE DEPOSIT RATE FOR 1 1/2 INCH METERS OUTSIDE
THE CITY, AND BY ENACTING A NEW SUBSECTION (B) TO
PROVIDE THAT CUSTOMERS WITH NO PREVIOUS
DELINQUENCY NEED NOT PAY A DEPOSIT; BY AMENDING
SECTION 52.39, "OTHER FEES", BY AMENDING
SUBSECTION (D), "METER REREADING CHARGE", TO
PROVIDE FOR THE CIRCUMSTANCES FOR THE IMPOSITION
OF THE CHARGE; BY AMENDING SUBSECTION 52.39(H),
"FEE FOR MAINTENANCE OF IMPROVEMENTS IN RIGHT-
OF-WAY", TO CORRECT THE FEE CHARGED BY THE CITY
FOR INSTALLATION OF IRRIGATION IN RIGHTS-OF-WAY;
BY AMENDING "WATER SHORTAGE EMERGENCIES",
SECTION 52.6'/, "APPLICATION OF PROVISIONS", TO
CLARIFY THE STANDARDS FOR THE DECLARATION OF A
WATER SHORTAGE EMERGENCY; BY AMENDING SECTION
52.68, "WATER SHORTAGE PLAN ADOPTED BY
REFERENCE; AMENDMENTS", AND SECTION 52.69,
"DECLARATION OF WATER SHORTAGE CONDITION;
EMERGENCY", TO PROVIDE FOR THE ENFORCEMENT OF
ANY RESTRICTION IMPOSED BY THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT; AND BY AMENDING
THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
CHAPTER SIX, "INFRASTRUCTURE AND PUBLIC
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PROPERTY", SECTION 6.1.10, "WATER SYSTEM",
SUBSECTION 6.1.10(B), "DESIGN STANDARDS",
SUBPARAGRAPH 6.1.10(B)(2), "FIRE PROTECTION
PROVISIONS", BY AMENDING THE FOURTH BULLETED
ITEM UNDER SECTION 6.1.10(B)(2) TO ELIMINATE THE
REFERENCE TO THE WIDTH OF THE ROAD; BY AMENDING
SECTION 6.1.10, "WATER SYSTEM", BY REPEALING
SECTION 6.1.10(B)(3), "PROHIBITION ON
INTERCONNECTIONS", BY REPEALING SECTION
6.1.10(B)(4), "LIMITATION ON NUMBER OF STRUCTURES
PER METER", BY REPEALING SECTION 6.1.10(B)(5),
"PROHIBITION ON USE OF CITY WATER FOR IRRIGATION",
AND BY REPEALING SECTION 6.1.10(B)(6), "WATER METER
SIZING", DELETING THESE PROVISIONS FROM THE LAND
DEVELOPMENT REGULATIONS BECAUSE THE PROVISIONS
ARE CONTAINED IN CHAPTER 52 OF THE CODE OF
ORDINANCES, AND BY AMENDING SECTION 6.1.10 BY
ENACTING A NEW SECTION 6.1.10(D), "INCORPORATION
BY REFERENCE", TO PROVIDE THAT CHAPTER 52, AS MAY
BE AMENDED FROM TIME TO TIME, IS INCORPORATED IN
THE LAND DEVELOPMENT REGULATIONS BY REFERENCE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Perlman moved to approve Ordinance No. 28-01 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
12.D.
PER THE CITY ATTORNEY, ORDINANCE NO. 32-01 IS REDUNDANT
TO ORDINANCE 28-01 AND THEREFORE THIS ITEM HAS BEEN PULLED FROM
THE AGENDA.
12.E. ORDINANCE NO. 30-01: An ordinance amending LDR Section 6.1.3(C)(2),
regarding construction standards for sidewalks through driveways. If passed, a public hearing
will be scheduled for May 15, 2001.
The City Manager presented Ordinance No. 30-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES
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05/01/01
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER SIX, "INFRASTRUCTURE AND PUBLIC
PROPERTY," SECTION 6.1.3, "SIDEWALKS", SUBSECTION
(C)(2), "SIDEWALK CONSTRUCTION", TO ELIMINATE THE
REQUIREMENT RELATING TO WIRE MESH; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 30-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated this amendment is being processed to
provide consistency between the LDR requirement and the City's Minimum Construction
Standards and Specifications Manual.
The Planning and Zoning Board held a public hearing regarding this item at its
meeting of April 16, 2001. There was no public testimony regarding the amendment. After
discussing the item, the Board voted 7-0 to recommend approval of the proposed text
amendment based upon positive findings with respect to LDR Section 2.4.5(M).
Mr. Perlman moved to approve Ordinance No. 30-01 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
With regard to information available from the Census Bureau, the City Manager
stated that to date the Census Bureau has released limited information collected from Census
2000. The majority of currently available data comes from the Census 2000 redistricting
summary file, which contains summary statistics on population counts for the total population for
age 18 years and over, population counts by race, and population counts by Hispanic origin. The
Census Bureau will continually release a due date as it comes available. Detailed age
information is scheduled for release in mid-June. Information for larger geographic areas such
as states and counties will be available before smaller geographical areas such as cities.
Complete distribution of all data collected from the Census 2000 is not scheduled until March
2003. In addition, the City Manager stated the Census Bureau has noted constraints with staffing
and budget Federal guidelines regarding the tabulation of data by race and ethnicity. Data
processing or other considerations may result in changes to types of data products prepared or
the timing of their release.
The City Manager stated he has been asked to Chair the Transportation
Committee for the Palm Beach County League of Cities.
-30-
05/01/01
The City Manager stated that the City Manager's Best Practices Conference this
past weekend was excellent and very informative. The City Manager referred to one session in
particular and explained that four different cities were showing what they are doing with the
"Intranet" as opposed to the "Internet" electronic government. He stated there are some very
interesting uses being made of the Geographic Information System (GIS).
13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Commissioner Archer commented on the Downtown Charrette and stated she was
not only extremely impressed with the number of people in attendance but also overwhelmed by
the cooperation and overall commitment of the individuals involved in the planning of the
Charrette. She stated those who did not attend the Charrette and those who may have attended
should make every effort to stop by the old CRA office.
Mrs. Archer encouraged everyone to attend the Downtown Charrette on Friday,
May 4, 2001, from 7:00 p.m. - 9:00 p.m. being held in the City Commission Chambers at City
Hall, 100 N.W. 1st Avenue.
13.C.2.
Commissioner Perlman
Commissioner Perlman also commented on the Downtown Charrette and stated as
Co-Chair of the Steering Committee with Chuck Ridley he was truly impressed with the large
diverse attendance. He stated staff did a great job with informing citizens of the Charrette and
feels that overall the Charrette was exciting and very successful. However, Commissioner
Perlman stated the only disappointment was that no one from the CRA attended the Charrette
and he would like to know why.
Commissioner Perlman stated he received a letter from a Jupiter resident who
attended the Delray Affair and while at the event he received a parking ticket. Commissioner
Perlman stated that along with the letter, the man enclosed the parking ticket and a check made
payable to the City. Mr. Perlman gave all the information to the City Manager to handle.
13.C.3.
Commissioner McCarthy
Commissioner McCarthy stated she was extremely impressed that City employees
who were at the Charrette after working all week long were not only enthusiastic but also very
approachable. Ms. McCarthy feels all the City employees did a splendid job with keeping the
flow of things going.
-31-
05/01/01
With regard to the World Trade Council Luncheon, Ms. McCarthy stated the
display by Nancy King, Staff Editor, was quite impressive and very well organized.
Ms. McCarthy stated she had the opportunity to attend the Southwest President's
Association Meeting this week and discovered that "Community Chat" (Cynthia Ridley is in
charge of and is housed at MAD DADS), is complimenting what the City does regarding "Paint
up Delray". Community Chat will be painting two more houses in the southwest area on
Saturday, May 5, 2001 at 7:00 a.m. Ms. McCarthy feels this is wonderful and will only help to
enhance the entire community.
13.C.4.
Commissioner Levinson
Commissioner Levinson stated he and the City Manager attended the Palm Beach
County League of Cities Meeting and complimented the City Manager for giving a spectacular
presentation regarding the Sheriff's initiatives in our City and other cities.
With regard to the City Attorney's memo regarding dual office holding, Mr.
Levinson suggested that City staff give recommendations on focus, possible meeting dates and
times, the frequency of the meetings, etc. Therefore, Mr. Levinson stated this way if there are
going to be any changes to the terms at least there will be some input from staff.
Commissioner Levinson commented that the newspaper gave the City a dubious
honor whereas the City was named the Aids Capitol of Palm Beach County. Mr. Levinson
suggested that the City write a letter to communicate to the Palm County Health Department to
see if there are some resources that they can bring to the community. Mr. Levinson stated there
is a small clinic facility in the southwest area that is trying to address some of these issues. He
stated this is clearly not a problem that the City would like to see continue on our streets.
The City Manager explained that the people working on this came to the City and
informed us of what they are going to be doing and asked for assistance in accessing the
community. The City Manager stated that there are three or four steps they will be going
through with that objective in mind of determining how to best do things that would help reduce
the rate of this disease occurring and reiterated that this is a Palm Beach County Health
Department initiative.
Lastly, Mr. Levinson stated he has received periodic telephone calls regarding the
aircraft noise coming from the Boca Raton Airport. Since Mr. Schwartz was so active in
spearheading this issue, Mr. Levinson asked whether or not the Commission could prevail upon
Mr. Schwartz to continue to keep the Commission appraised of this issue? The City Manager
stated that Mr. Schwartz indeed has an interest regarding this issue and explained that Mr.
Schwartz received a letter from the Federal Aviation Administration (FAA) and has asked the
City Manager to draft a response to the letter. The City Manager stated that since Mr. Schwartz
no longer serves on the City Commission he would like to be kept informed.
Mayor Schmidt suggested that the City Manager ask Delores Rangel, Staff
Assistant II, to contact the Boca Airport Authority. Mayor $chmidt commented that when he
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05/01/01
met with the Executive Director of the Boca Airport he was informed when the "Study" was
completed they would insure a copy is delivered to City Hall so it would be accessible to the
public and staff. Mayor Schmidt stated he would like to see the City follow up with this because
the City only has a 30-day comment period.
With regard to the Visions 2010 forums, Commissioner Levinson suggested that
the City invite area Presidents Homeowners' Associations (i.e., NW residents) to Workshop
meetings to give a brief presentation. He feels this may help to increase the attendance as well as
give the Commission a better focus on issues and challenges facing certain neighborhoods
throughout the City.
Lastly, Mr. Levinson apologized and stated that he would not be here for the
Downtown Charrette on Friday, May 4tn because he will be attending his daughter's graduation.
13.C.5.
Mayor Schmidt
Mayor Schmidt echoed comments made by Mr. Perlman and Mrs. Archer
regarding the success of the Downtown Charrette and thanked Jeff Costello, Chuck Ridley, and
the Steering Committee for the tremendous job they did with putting together the Charrette.
Mayor Schmidt stated that although he would like to encourage everyone to stop by the old CRA
building to see what is going on before Friday evening, he wants everyone to be aware that so
many people have stopped by, the staff is having trouble getting some of their work done.
Mayor Schmidt stated he attended the World Trade Council Luncheon in Boca
Raton with Vice-Mayor McCarthy yesterday. Mayor Schmidt stated the luncheon was well
attended and the presentation was very informative. In addition, Mayor Schmidt stated he was
impressed that there were more business contacts from people that are looking to maybe do
business in Delray Beach and is glad the City elected to participate.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the
case of Jesner Exanor v. City of Delray Beach and James Edward Schmidt.
Attendees:
Mayor David Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
Kent Pratt, Esq.
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in
the above case.
-33-
05/01/01
Mayor Schmidt read the following statement for the record: "The City has
scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) in the case of
Jesner Exanor v. City of Delray Beach and James Edward Schmidt (no relation to the Mayor).
The estimated length of the closed session shall be 15 minutes. The following persons will be
attending: Mayor David Schmidt, Commissioners Pat Archer, Albert McCarthy, Jeff Perlman
and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, Attorney Kent Pratt
and a certified court reporter."
Mayor Schmidt stated that after the closed session is over, he would announce
that the regular meeting is reopened, and the closed session is terminated.
At this point, the time being 8:00 p.m., the Mayor adjourned the regular meeting
to the closed attorney/client session.
At 8:45 p.m., Mayor Schmidt reconvened the regular meeting and announced that
the closed session was terminated.
At this point, Ms. McCarthy stated with regard to Item 8.P.E. , page two, at its
meeting of April 25, 2001, the Site Plan Review and Appearance Board denied (7 to 0), a request
for a color change for 633 West Atlantic, and existing commercial building, located on the north
side of West Atlantic Avenue, west ofN.W. 6th Avenue. Ms. McCarthy stated she would like to
appeal this decision because this was approved by the West Atlantic Avenue Redevelopment
Coalition (WARC) Board but denied by SPRAB. After looking at the color schemes on record,
the colors were acceptable they just stated that the color they wanted for the building they could
use for the column and vise versa. In addition, the gentleman who put this forward was involved
in an automobile accident and was not able to attend this particular meeting.
Ms. McCarthy moved to reconsider Item 8.P.E. under the Site Plan Review and
Appearance Board, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appeal Item 8.P.E., seconded by Mr. Levinson. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
at 9:00 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
Acting City Clerk
-34-
05/01/01
ATTEST:
MAYOR
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the minutes of the Regular Commission Meeting held on May 1,
2001, which minutes were formally approved and adopted by the City Commission on
Acting City Clerk
NOTE TO READER:
If the minutes you have received are not completed as indicated above, this means they are not
the official minutes of the City Commission. They will become the official minutes only after
review and approval, which may involve some amendments, additions or deletions.
-35-
05/01/01
JUNE 12, 2001
A Special Meeting of the City Commission of the City of Delray Beach, Florida was
called to order by Vice Mayor McCarthy in the First Floor Conference Room at City Hall at 6:00
P.M., Tuesday, June 12, 2001.
Roll call showed:
Present -
Commissioner Patrida Archer
Commissioner Jeff Perlman
Commissioner Jon Levinson
Vice Mayor McCarthy
Absent - Mayor David Schmidt
Also present were -
City Manager David T. Harden and
Assistant City Attorney Brian Shutt
Vice Mayor McCarthy called the meeting to order at 6:00 p.m. and announced that it
had been called for the purpose of considering the following items:
1. LEASE AGREEMENT METRO PCS/POLICE DEPARTMENT TOWER:
Consider a lease agreement with Metro PCS for location of their communications equipment
on the Police Department Tower. The term is for 5 years with four (4) renewal terms of 5
years each.
Commissioner Levinson made a motion to approve the lease agreement with Metro PCS,
subject to the condition that should the equipment need to be moved on the tower it would
be at Metro PCS's own expense, seconded by Commissioner Archer. Upon roll call the
Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Vice Mayor McCarthy - Yes. Said motion passed with a 4 to 0 vote.
2. LEASE AGREEMENT WITH SATURN OF DELRAY BEACH: Consider a request
o
to lease five (5) Saturn L-200's to support the existing Community Observer Patrol (COP)
Volunteer Program. Funding is available in 001-2113-521-44.40 (Vehide Lease/Rental).
Commissioner Archer made a motion to approve the lease agreement with Saturn of Delray
Beach for the lease of five (5) Saturn L-200 vehicles, seconded by Commissioner Perlman.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes;
Vice Mayor McCarthy- Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote.
CNG VEHICLE CONVERSION/MOTORFUELERS, INC.: Consider a request to
have Motorfuelers, Inc., convert twelve (12) CNG vehicles to propane for a total amount of
$36,000.00. Funding is from 501-3312-591-64.21 (Garage/Vehicle Restoration).
Commissioner Archer make a motion to approve the request to have Motorfuelers, Inc.
convert twelve (12) CNG vehicles to propane, seconded by Commissioner Perlman. Upon
roll call the Commission voted as follows: Mr. Levinson - Yes; Vice Mayor McCarthy - Yes;
Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
CITY WEBSITE DESIGN/FUSIVE.COM~ INC.: Consider a request to approve a
proposal from Fusive.Com, Inc. for the professional services required to begin development
of the official City website in the amount of $15, 300.00. Funding is available in 001-1811-
513-31.90 (Other Professional Services).
Commissioner Perlman make a motion to approve the proposal from Fusive. Com, Inc.,
seconded by Commissioner Archer. Upon roll call the Commission voted as follows: Vice
Mayor McCarthy - Yes; Mr. Perlman - Yes Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
5. SPECIAL EVENT REQUEST/3ra ANNUAL GARLIC FESTIVAL: Consider a
request for special event approval for the 3rd Annual Garlic Festival to be held November 2
through November 4, 2001, including temporary use permit, sign code waiver, staff
assistance as requested, and consideration of waiver of up to 50% of staff overtime.
Commissioner Levinson made a motion to approve the 3rd Annual Garlic Festival subject to
holding the festival at the previous location, a 50/50 split in staff overtime with a possible
site modification due to the construction at Old School Square in November, seconded by
Commissioner Archer. Upon roll call the Commission voted as follows: Mr. Perlrnan - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes. Said motion passed
with a 4 to 0 vote.
LADY LUCILLE CRUISES: Consider a request from Captain Joe Rugare for Lady Lucille
Cruises to dock temporarily at Veteran's Park for lunch & dinner cruises along with
Sightseeing & Charters.
Commissioner Perlman made a motion to approve the Lady Lucille docking at Veteran's
Park for lunch & dinner cruises along with sightseeing and charters during the absence of
the Rambling Rose (June 1't - September 1't) subject to the City Attorney' license agreement,
seconded by Commissioner Archer. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes; Mr. Perlman - Yes. Said
motion passed with a 4 to 0 vote.
Vice Mayor Alberta Mccarthy dedared the Special Meeting adjourned at 6:30 p.m., at which
time the Commission convened to the regularly scheduled Workshop Meeting.
ATFEST:
Acting City Clerk
MAYOR
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and
the information provided herein is the Minutes of the Special Meeting of the City Commission held
on June 12, 2001, which Minutes were formally approved and adopted by the City Commission on
Acting City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above, this
means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # 0t~. Jif ' - REGULAR MEETING OF .IUNE 19, 2001
FDOT UTILITY PERMIT & HOLD HARMLESS
AGREEMENT/COCONUT KEY
DATE: JUNE 15, 2001
This is before the City Commission to authorize the City to act as the utility permit applicant for the
construction of a water main within the state right-of-way (Atlantic Avenue) and approve a Hold
Harmless Agreement with the developer (Town & Country Builders, Inc.).
The developer is required to construct water main extensions within state right-of-way. The Florida
Department of Transportation requires the City to sign the permit on behalf of the developer. The
proposed agreement provides that the developer will hold the City harmless for the utility work to be
performed under the permit.
Recommend approval of the FDOT Utility Permit and Hold Harmless Agreement between the City
and Town & Country Builders, Inc. for work performed within the state right-of-way.
Ref:Agmemol 6.Hold HarmlessAgmt.CoconutKey.06.19.01
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
THRU:
DATE:
SUBJECT:
David T. Harden, City Manager
Barron E. Caronite, PE, Assistant City Engine~"~,,~
Richard C. Hasko, PE, ESD Director '~*~ -
June 4, 2001 ?'~.~ ~?~ ~ ~,~
Hold Harmleaa Agreement for FDOT 0tility Permit for Coconut Key
Please find attached a hold harmless agreement for work performed within the state
right-of-way. Coconut Key, a proposed townhouse community located on the South
Side of West Atlantic Avenue just East of Markland Lane, has been required to
construct water main extensions within the State right-of-way. The Florida Department
of Transportation requires the City to act as the utility permit applicant. The attached
agreement holds the City harmless for the work performed under the permit. If the
attached agreement is acceptable, please place it on the June 19, 2001 meeting for
commission approval.
cc:
Randal Krejcarek, PE, City Engineer
Brian Shutt, Assistant City Attorney
s:~engadmin~projects~tac~conut Key~hold harmless doc
HOLD HARMLESS AGREEMENT FOR WORK
PERFORMED WITHIN THE STATE RIGHT-OF-WAY
THIS HOLD HARMLESS AGREEMENT, is entered into this
, 200_ by and between the CITY OF DELRAY BEACH,
(hereinafter referred to as "CITY") and
referred to as "DEVELOPER").
day of
FLORIDA,
(hereinafter
WITNESSETH:
WHEREAS, DEVELOPER wishes to install/construct utilities in the right-of-way of
the State of Florida; and
WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER
to allow the installation/construction to take place in the State right-of-way; and
WHEREAS, the CITY is required to indemnify and hold harmless the State for the
work performed by DEVELOPER in the State right-of-way; and
WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and
defend the CITY and the State for the work performed in the State right-of-way by the
DEVELOPER, its contractor or agent.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
i37"
2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00),
receipt of whialt is'hereby acknowledged, agrees to defend, indemnify, and hold harmless the
CITY and the State, their agents, officers, employees and servants from any and all claims,
suits, causes of action or any claim whatsoever made, and damages, including, but not limited
to reasonable attorney's fees and costs at the trial and appellate levels, which may result from
any activity conducted by DEVELOPER, its contractors or agents in relation to the work
performed in the State right-of-w.ay and as more particularly shown on the engineering plans
submitted for the development known as
3. DEVELOPER warrants and guarantees to the CITY that all work on the utility
improvement shall be constructed in accordance with the applicable codes of the City of
Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall
remain in effect for one year from the date of final acceptance. Unremedied defects identified
for correction during the warranty/guarantee period but remaining after its expiration shall be
considered as part of the obligations of the guarantee and warranty. Defects in the installation
or construction of the utility improvement, which are remedied as a result of obligations of the
warranty/guarantee shall subject the remedied portion of the work to an extended
warranty/guarantee period of one year after the defect has been remedied. DEVELOPER
shall deliver this agreement to its Surety. The Surety shall be bound with and for the
DEVELOPER in the DEVELOPER'S faithful observance of the guarantee.
4. DEVELOPER, shall supervise and direct the installation and construction of
the utility improvement, applying such skills and expertise as may be necessary to perform the
work in accordance with the approved engineering plans. DEVELOPER shall be solely
responsible for the means, methods, techniques, sequences and procedures of the construction
and installation of the utility improvement.
5. Any claims, lawsuits or disputes that may arise under this Agreement shall be
governed by the Laws of Florida, with venue in Palm Beach County, Florida.
6. This Agreement constitutes the entire agreement and understanding of the
parties, as it pertains to the construction or installation of the utility. There are no
representations or understandings .of any kind not set forth herein. Any amendments to this
Agreement must be in writing and executed by both parties.
7. DEVELOPER or its contractor shall maintain worker's compensation insurance
in an amount required by law and general liability insurance in the amount of one million
dollars ($1,000,000.00) governing bodily injury and property damage in standard form,
insuring CITY and the State as additional named insureds. DEVELOPER or its contractor
shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to
the CITY, prior to commencing installation or construction.
8. DEVELOPER shall be bound by all the terms and conditions found in the
Utility Permit Agreement between the CITY and the State for this project and attached hereto
as Exhibit "A".
Clerk.
9. This agreement shall not be valid unless signed by the City's Mayor and City
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day
and year first written above.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
WITNESSES
(Print or Type Name)
DEVELOPER:
BY: /~~ dg_/~
(Print or Type Name)
Address:
Phone: Cr~
STATE OF FLORIDA
COUNTY OF PALM BEACH
The
officer or agent) of
acknowledging), a
of the corporation.
an oath.
foregoing instrument was acknowledged before me this ,~' day of
,200_/by .,q'~,.,~: Z/_~,~ (name of officer or agent, title of
.-7~t,..,~ ,-' t~..~,,4r.t/~'.,. _?../~.~_ x' (name of corporation
(stati or place of incorporation) corporation, on behalf
H?_JShe is ~own to me or has produced
Signature of Notary PUblic- - .
State of Florida
4
STATE OF' FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY PEI:~iT
SECTION NO:
PERMIT NO.'.
FOOT const~ctlon I~ proposed or underway. (~Yes
O No Financial Project ID: ,,.
-O Ye~ ~No If yea, DocumentNumbm':.
TELEPHONE NUMBER'.
The above PERMIT'TEE requeM~ permission from.the State r~ Fonda Department of Transportation, hereina4ter ca,led the FOOT. to cormtru~t, eSefate and
ma~ta/n the foltowir',g:
Subm~ed ~r U~e PERMITTEE
Name and Title (Typed or Pnnted Legibly)
$~gne{ure Date
TM P£RMITTEE oeclares mat prmr To f~llng th~s application, the Iocarmn of ill existing utdlries Ulat i~ ov~Is or ~ an i~le~'est so, Dottt aerial an~ unclergrouncl, are
accurately shown on the I~ans ar~ a letter of noh~cat~on was mmlecl on to the fo#owtng,uflhbes Imown to be mvoNecl or potanhally ~mpacte~
in the are~ or lhe p~,posed instaMion'
~.. The local Malnfanance or R~ident Eno;near, heceeffer referred to as Ihs FOOT Engl~. ~a~ ~ ~ t~-~ (~) ~ ~ior ~ stad~ ~
imm~ely u~n ~mplet~on o~ work. ~e FDO~s Engineer is , I~ted at
. Tele~ons Numar . The PERMI~EE's empl~ ~lb~ for M~enance
T~ ~ . Telephone Numar ' (~ name ~y ~ pr~ at t~ brae of t~
3 AP ~, mateHa~, a~d ~u(pme-t sha~l be subj~ to ~s~t~n a~d a~~ by ~e ~DOT E-gmeer
4. NI ~ns and installeb~ ~MI ~nfo~ to the r~uiremenls of ~e FDOT's U0hN A~omm~lon Manual ~ eff~ as ~ t~ ea~ this ~it ~ ap~ ~ FOOT.
a~ s~a~ ~e m~e a pan o~ t~ls ~E. This ~lsl~ s~all ~ limb ~ a~ho~ of t~ FOOT u~er Paragraph 8 of ~m
5. ~i= PERMI~EE aha~ commcn~ act~J ~n=t~on in g~d faith w~thm ~ ~a~ a~ ~uanca of ~it, and ~h~l ~ ¢om~ w~t~
FOOT E~in~ to ma~ ~re no ~anges h~e ~cuff~ to the Trans~tl~ F~I~ that ~uld affeM the ~i~ed ~ns~ion
8. The ~F~n a~ ~n~n~ of such ~l~ shall not ~de~ ~th ~e pro~ a~ ~hts of a ~mr PERMITTEE.
7. tt Is e~re~' sUpu~amd t~t thts ~rmlt ts a II--se for perml~ve use only an~ t~t ~he pla~ o~ utili~ up~ pu~c pro~ pumu~t ~o ~ ~t
~ ~ creme or ve~ any prope~ right in aa~d holder, ~cepf as pto~ded tn e~ed subo~inatinn and Retired Ut~li~
8. P~ ~ Sectl~ ~7.~1 ), Florida St~U~, a~ ut[h~ pl~d u~n. u~er, over, or aJong a~ oublic mad or publlcN ~ed rail c~dor ~at ia f~nd by FOOT
~ ~ unr~a~ tntedenng In any ~y w~th the ~nvenMnt, safe, or ~mlnuous uae ~ ma~n/enence. ~mp~nt, e~ensmn, or ~, of such
~eOt as ~ded iR ~mgm~s (a) and (b), end ~cepl f~ relmbume~t ~h~ ~ ~ffh in pr~N ~ec~ su~ina~n and Rall~ ~lt~
a~ sha~ app~ ~ ~1 s~s~m and usages for ~e ~rmiEed ~1~. ' -
9. . It is ~r~ that ~ ~e ~nt ~e re~t~on of sa~ ~d4~ are sch~ule~ ~ ~ ~o~ $~multen~usly ~tR the F~T's ~tm~ ~, t~ RERMI~EE
~d~nate ~h ~e ~DDT b~fore p~c~d~ng end ah~dl ~ope~te ~th ~e FDOT's ~ntrzc~r ~ a~n~e t~e ~eque~ce ~ ~ sa as nat to ~tay the ~ of the
FOOTs ~nir~, dere~ any I~al ~mms o~ t~ FDOT's co~ra~or due to d~ ~us~ ~ the PERMI~EE's ~llure to c~p~ ~h the aop~ ~ule
~d s~ ~ ~h afl p~o~ o[ t~ I~ a~ the FDOTs cu~ne Uffi~ A~omm~mn Man~L T~ PERM~EE s~ nM be r~s~le for e~ay
s 0. In t~ ~se or .~pl~ ~ the FOO~s ~uiremee~s ........ ;a aff~t as ef ~e a~..... ,~;..,,,. ~-,,.,,.~;' ~ ~p~v~, .,,,-r~;' ~.... ;*'~ "~".-.- "~-, .- '~'-.,- '*'"~',-~,,v '""..,- ,,-~-* ....
~ght h~ ~mpllance or m~ ~m ~ ng~t of ~y e~ no ~st to t~ FOOT, ~ for re~aum~e~ ~s ~t fo~ m ore~ ~ut~ su~rdl~n.
end Ra~l~ ~1~ Agr~m~s. This p~lofl shall ~ lime the a~oH~ of ~e FOOT under Paragraph 8 oF th~
11. I1 ia un~er~t~a ~d agreed that the t~gh~ and ~wi~ h~mn ~ out are g~nl~ only lo ~e e~en[ of [~e S[a[e s fight, I~ a~ ~rest ~ t~e I~ ~ ~
u~ ~ us~ ~ the P~RM~E and the PE~MI~EE ~1, e~ all times, end to the e~ept peri.ed by r~, assu~e a~ d~k of and ~emni~. defend, and save
~ ~a S~e of F~a an~ ~e FOOT from a~ ~amst any aha ~1 Io~, ~a~ge, ~st or ~e~ arising in any manner on ~t of ~e ~rc~e or
~ ~= W ~ PERMI~EE oft~ afore~d ng~s and
d~ ~at m~ be ~e~ ~ ~er to s~My co~duct the public ~rou~h the ~e~ ama in ac~den~ ~th the ~ Mae~l O~ Uei~O~ Te~C
D~, ~ emeed~ for h~g~. ~e retirement, of the S~nda~ ApplicOn Pac~ge ~or ml~. incl~ng ~ing a~ a~ Ratir~ P~
in [~ a~ve ref~. ~ ~lli~ mu~t su~[t an aRematwe plan slg~d amd ~al~ by ~ qualiF~ r~ter~ Flora ~onal end.er ~ahfied to d~l~
Tmf~ ~n~ P~mng Iq a~an~ ~h t~e pr~s of t~ ~il~ ~m~aflon Manual, C~er 8.
t3. ~ld ~ PERMi~E~ ~ desirous of kee~ng ~ ~.~e m ple~ a~ o~ of sem~e, toe ~ERMITTEE, ~ ex~llo~ o~ I~s ~rm~ ic~ ~ print
~uln0 ~hiD ~ il~ ~11~1~ located ~een and
t~ FOOTs dgh~r~y as ~ fo~ a~e. Whenever ~e PERMI~EE ~ ~ [ac~, it shall ~ at the Pe~l~'s sole cost and ~e The
PERMI~EE, e~ ~ts ~ ~. s~ali ~p~ r~ sa~d o~ of ~e ~l~les whirr !~ FOOT dete~m~ ~1~ ~1 ia ~ ~ public
* ,~ t~e*evant contain,naiad so~l ~s encountered by ll~e Utility or anyone within the permltteo construction limits, the Utility srtall Immediately cease wo~ alx] no~fy Ins
FOOT The FOOT shall coo~10na/e wttn the app~:~*'late a~anc~ a~ notl~ l~e PERMITTEE of any ~J~.p~A~lOn o1' i'~vo~,,.attort of the i~rm~ un(it conrafll~naooft
.,..~.~.,,,,~,, ........................ ,,,,, ,,,,,,,,~,.,,,,,,,, ~ a~pr~pr,&t~ ,,r,~.r P,,,Je,..," ....... ,,~,,~, ~ ~2.770 and G2-738 "'-':"-, ,,~, ,,,,a ,-,,.,' "-,,,,-,,~,,,,,,,~-'°-' - ~.od'~," ,h~.s ~mgr~se, d,,u ......... ~ ~,~w ,,,,t" ...., ~,m.~ma,,.'~-'
regulatory a0encie,'~ hewng junsd~cl~ocl t'Ya~e approve3 I'fte site of' ~he col~tamlnatJon for resumpllon of worn
15. Ounng excavat~o~ operations, an on-site represaniatrve of the PERMITTEE may be requires to perform the fo~lowmg actMties w~th r~pect to their arm facltltles
physically expose ~ ~rec! exposure of unaergrouncl femlibes, proviso any necessary euplx~t to fac, times anator cov~ aerial facilities a~ deemed necessary to
c~r~t~uction.
16 Pumuant lo Section 337 401 (2}. Florida Slatutes, (ha permit sttsll require the permit holder ID be respons.Dle for ~lamage msultlng from the issuance_ of (h~ Permit
The Depa~l~ent may mrtiate mlunc, bve proceedings as provide¢ ~n s. 120.69 to enforce provlS~Ons of t~ls sul=sectloll or any rule or orca' Issued or enter~ into ·
pursuant
17. Pursuant to Secfi~ 337.402, Flor~la Sta~utos. when any publi~ road or pubticiy owned r.~tl co~'ldor iS damaged er Impa;red In 3ny way because o1' the in~letion.
inspection. ~' repair of a ubl~'y located on such read or pubhcl¥ owned rail comdor, the owne~ of the ublA'y shall, at his or her own expense, restore the road or
publicly owned rml corridor to its original condition before such damage If the owner fads to make such n~tomtion, the authority is autho~.e~ to do so and charge
~e cos[ tnereol ag. am~ tee owner umaer the prov~ons of
I $, Special I~I~OT instruction:
19.
it ii understood and agreed that commanc~m~l by Ihs PERMITTEE is acknowledgment and er, ceplanc~ of the binding nature al' atl the alcove IisJ~l permit
cc~:~o~s a~ speci,31
~1¥ the below algna~u~®, the Partakes hereby mlXe~ents that no Change to the FDOT's standar~ Ublity Permit form,
46~001 .-for th~a Utility Ps,nit t~ae been ma~e w~len ~as not bean previously called to ~l~e artesian at the FOOT (and signified to by checffing the appropriate box
be,ow) by a sepaz'ate ~ttached written document showin9 eli changes and the w~tten ~r~ date~ approval ~f ~h~.,,FDQT Engineer./~)~ ~nem attaohments re~ecbng
c,=nga/s to the.stand, roi rc, rm'~ D NO [] YES If Yes. pages are j~'-~ned. ~r ~/__~ · / /
/~ .~ .~ . /~,-~¥//'-.~m.~.~-~- / ~ ~,,-'F'~/[ / I t / /
PERMITTEE :~"-tC..~/~/,) (_.-,J'J,4' ..~.~ ~.., ::~(~..~, I,~-..'7'c/'~$1GNATURE:C(~I.(,~'/.../
Name & T~e of Au~honz~ Penwttee or Agent
- - (Typed or Pdnl. ed Legibly)
-APPROVED BY: iSSUE DATE.
D{s~ct Maintenance Engineer or Designee
UTILITY PERMIT FINAL INSPECTION CERTIFICATION
O~TE:
DATE WORK STARTED:
DATE WORK COMPLETED:
INSPECTED BY:
RI~MARKS (Brief ~ummil~/of al:,Woveu ~ cllam:je~).
(Pe~mn~ or,~em)
D~amct Maintenance Englncer ~r Designee
DATE:
I lne un~lerS~ne~ PERMITTEE ¢1o hereoy CERTIFY' Teal me ut~l,~y con~truo;en ~a ~ the ~ n~ ~ m ms~ and ~mll~ ~ mn~
~m [~ ~f~ ~an~ m~ a ~ of ~ ~ ~ tn ~r~ ~ ~ FOO~s ~nt ~li~ A~bon ~nual. A~ Wen cnang~ n~e ~
PERMITTEE: SIGNATURE' DATE:
Name & TRIo of Authorized Permlttee or Agent
(Tyl:Ma or PflNed Legd~J)
CC: Diet, ct Perml OIt~ce
Agenda Item NO.
AGENDA REQUEST
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
Date: June 4, 2001
When: June 19, 2001
Description of item (who, what, where, how much):Approval of a hold
harmless agreement between Town & Country Builders Inc., the developer
of The Coconut Key project, and the City for utility work performed
within the state riqht-of-way. The Coconut Key project is required to
connect to water mains located within the West Atlantic Avenue Right-of-
Way as a condition of site plan approval. The City is required to be the
applicant on the Florida Department of Transportation utility permit
application.
ORDINANCE/RESOLUTION REQUIRED:
Recommendation: Staff recommends approval of the hold
agreement. ~~.~ ~ ~~
Department head signature: v - · ~5-0|
Determination of Consistency with Comprehensive Plan:
YES/NO DRAFT ATTACHED YES/NO
harmless
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: ~,~ ~
Approved for agenda: /rna/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc:
tac- Coconut Key
file:s/engadmin/tac/Coconut Key/ag061901.doc
[ITY OF DELRrlY BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
AIl.Ameri~a City
1993
DATE:
TO:
FROM:
June 11, 2001
City Commission
David Harden, City lVl~anager
Brian Shutt, Assistant City Attorney
Writer's Direct L~ne: 561/243-7091
SUBJECT: Acceptance of Easement Deed from David Winkler
The following easement deed grants to the City the means to install/maintain a water
main along the south side of the subject property pursuant to the memo from Barton
Caronite, Asst. City Engineer.
Our office requests that this item be placed on the June 19, 2001 City Commission
agenda for acceptance.
Please call if you have any questions.
Attachment
CC:
Barbara Garito, Acting City Clerk
Barron Caronite, Asst. City Engineer
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
Brian Shutt, Assistant City Attorney
Barron E. Caronite, PE, Assistant City Engineer
June 6, 2001
Offsite utility easement for Coconut Key
A requirement of the site plan approval of the Coconut Key Townhouse project is that
the water main be looped (or connected to existing water mains at two different
locations). In order to provide the looped configuration a water main connection is
being made at West Atlantic Avenue and the other connection is being made on
Markland Lane. The attached utility easement provides access to the Markland Lane
right-of-way from the Coconut Key project. An eight inch water main will be constructed
in this easement.
Please review the subject easement for legal sufficiency. The developer informed me
that there is no mortgage on the property. The property owner signed the subordination
of encumbrance anyway. If the attached is acceptable, please place it on the agenda
for commission approval. If you have any questions, I can be reached at x7326.
s:~engadrnin~tac~coconut key~easement transmittal.doc
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida
EASEMENT DEED
TIHS INDENTURE, made this .1~ day of ~, 200/, by and between
"'~rl't:J ,(~,o/c/~r~' , with a mailing address of /~'~ ~,~~~0~' ,
party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100
N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach
County, State of Florida, party of the second part:
WITNESSETIt: That the party of the fa'st 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 construction or
improvements upon the above-described property.
It is understood that upon completion of such construction, all lands disturbed thereby
as a result of such construction performed thereon, will be restored to its original or like
condition without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that
it has good right and lawful authority to grant the above-described easement and that the same
is unencumbered except as provided above. Where the context of this Easement Deed allows
or permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WITNESS #1 :.
(name printed or typed)
PARTY OF THE FIRST PART
By:
(name printed or typed)
STATE OF ,~':~_
COUNTY OF/:2f~,~ ~',e.-~...
V_. The foregoing instmmellt was acknow!gdged before me this ~'- day of
~ , 200/_ by ~-~~: (name of officer or agent),
of ,_,~~ ~/a~~ - - (name of corporation), a (State or place
of incorporation) corporati~[, on behalf of the corporation. He/She is-personally known to me
or has produced
did/did not take an oath.
(type of identification)~s identification and
Signature of Notary Public -
State of ~,~ .
(SEAL)
2
i ~ CARi..NAHAN. PROCTOR. CROSS, INC.
CERTIFICATE OF AUTHORIZATION NO LB 2936
6101 WEST ATLANTIC BLVD, MARGATE, FL 33063
PHONE (954)972-3959 FAX (954)972-4178 E-MAIL margate@carnahan-proctor corn
DESCRIPTION AND SKETCH
12 FOOT UTILITY EASEMENT
LEGAL DESCRIPTION
THE SOUTH 12 O0 FEET OF LOT 7. "BREEZY ACRES", ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 20 AT PAGE 79 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH. PALM BEACH COUNTY, FLORIDA
NOTES
1 THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER
2 THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC. AND SHALL NOT BE USED OR REPRODUCED IN
WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION.
3 THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS-OF-WAY, AND RESTRICTIONS OF
RECORD
4 ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED
5 THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH FOR INFORMATION CONCERNING RIGHTS-OF-WAY,
EASEMENTS. RESERVATIONS. AND OTHER SIMILAR MAT]'ERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION
NEED BE OBTAINED
6 THIS IS NOT A SURVEY.
ABBREVIATIONS
L W D D D = LAKE WORTH DRAINAGE DRISTRICT
PB = PLAT BOOK
P B C R = PALM BEACH COUNTY RECORDS
PG = PAGE (S)
U E = UTILITY EASEMENT
SURVEYOR'S CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH AND DRSCRIPTION SHOWN HEREON COMPLIES WITH
MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472 027, FLORIDA STATUTES, AND THAT SAID
DESCRIPTION AND SKETCH IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF
STEVEN A BERG '/'~....
PROFESSIONAL SURVEYOR AND MAPPER DATE OF LAST FIELD WORK: NOT A SURVEY
FLORIDA LICENSE NO,, LS,~886
COCONUT KEY,1~ JOB NO.: 010202!l, DATE: 6-5-01 SHEET l OF 2 SHEETS
i ~<Ttlnm~,esc~pbon and sketch doc
t2 t.~ t4 1,5 16 t7 t8 Ig 20 "'
22
2
tt ;O 9 6 7 6 .5 4 3
MARKLAND LANE
~ 'I'HIS SKETCH
LOCATION MAP
NTS
124
LOT 8
MARKLAND LANE
120.0'
LOT 7
BREEZY ACRES
P.B. 20, PG. 79, P.B.C.R.
,/
733.0'
LOT 6
o
o
-- UTILITY EASEUENT
120.0'
~00ENDUU
JOB NO. 010202
COCONUT KEY
F I LE ~ r~ \O10202 \coO0\yt:,O2pl x4. clgn
PROPOSED
COCONUT KEY
JM SCALE, I", 40'
SA8 )ATEt G-5-OI
UTILITY EASEJ~NT
SHEET ~ Of I SHEETS
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~, ~'- REGULAR MEETING OF JUNE 19, 2001
FINAL PLAT APPROVAL/COCONUT KEY
DATE: JUNE 15, 2001
This is before the Commission to approve the final subdivision plat for Coconut Key, a proposed
sixty-nine (69) unit townhouse development located on the south side of West Atlantic Avenue just
east of Marldand Lane.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Coconut Key.
Ref:Agmemol0.Final Coconut Key. 06.19.01
City Of Delray Beach ..... :
Department of Environmental Services ~'
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Barron E. Caronite, PE, Assistant City Engineer~
June 12, 2001
Coconut Key Subdivision Plat
Please find an agenda request for Commission approval of the subdivision plat for
Coconut Key attached. I have also enclosed a location map and a reduced copy of the
plat. Site plan approval was granted by SPRAB on December 20, 2000. The project
consists of sixty nine townhouse units and is located on the South Side of West Atlantic
Avenue just East of Markland Lane. If this meets with your approval, please place it on
the June 19, 2001 Commission meeting for Commission approval.
Encl.
File:
cc:
TAC:
S:/engadmin/tac/Coconut Key/agmemo.061901doc
Randall Krejcarek, P.E., City Engineer
Dan Marfino, Planning/Zoning
Coconut Key
WEST A T L A N T I C A V E N U E
, i ' LINCOLN ROAD
...................................... CANAL L 34
CITY of DELRAY BEACH COCONUT KEY DATE:6-11-01
~AL SERVICES DEPARI'bENT LOCATION MAP COCONU~XE','L~
,,~ ~ ~ ^~.U~ aa_~v ~ ~ ~ ;)001 --20(;
;l
zO
zo
806)
o
_~MATCH LINE
®
jI _._JL~
ZO
0~-
zo
z
Agenda Item No.~
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
AGENDA REQUEST
Date: June 8, 2001
When: June 19, 2001
Description of item (who, what, where, how much):Approval of the
Subdivison Plat of Coconut Key. Staff comments have been addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recomm_ends approval of~e Subdivision Plat of
Department head signature: ~-/L-oi
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review: ~ ~
Approved for agenda: /NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc:
tac- Coconut Key
file:s/engadmin/tac/Coconut Key/ag0619012.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM #~- ~)-- REGULAR MEETING OF JUNE 19~ 2001
BOUNDARY PLAT/DIMLO
DATE:JUNE 15, 2001
This is before the Commission to approve a boundary plat for Dimlo, a proposed four (4) commercial
structure development to be located on the north side of West Atlantic Avenue just east of the Villa
D'Este apartment complex.
The Site Plan Review and Appearance Board reviewed and approved the proposed site plan on
January 31, 2001. The boundary plat is being created for the dedication of right-of-way and provision
of utility easement. All technical and staff comments have been addressed and the plat is ready for
approval.
Recommend approval of the final Dimlo boundary plat.
Ref:AGMEMO10.BoundaryPlat Dtrnlo 06 19 01
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Barron E. Caronite, PE, Assistant City Engineer'~~~
June 11, 2001
Dimlo Plat
Please find an agenda request for Commission approval of the boundary plat for Dimlo
Plat attached. I have also enclosed a location map and a reduced copy of the plat.
Site plan approval was granted by SPRAB on January 31, 2001. The boundary plat is
being created for the dedication of right-of-way and provision of utility easements. The
project consists of four commercial structures and is located between North Side of
West Atlantic Avenue just East of the Villa D'Este apartment complex. If this meets with
your approval, please place it on the June 19, 2001 Commission meeting for
Commission approval.
Encl.
File:
cc:
TAC:
S:/engadmin/taclDimlo/agmemo.061901 doc
Randall Krejcarek, P.E., City Engineer
Dan Marfino, Planning/Zoning
Dimlo Plat
, .... - I, '2 V//// ; I
LOCATION MAP DI~OP~T
~001--20(
Ii{
Agenda Item No. ~'~
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
AGENDA REQUEST
Date: June 8, 2001
When: June 19, 2001
Description of item (who, what, where, how much):Approval of the
Boundary Plat for Dimlo Plat. Staff comments have been addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the Boundary Plat for
Dimlo Plat. ~C ~~
Department head signature: . ~ - I;, o~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc:
tac- Dimlo
file:s/engadmin/tac/Dimlo/ag061901.doc
CiTY COMMISSION!
TO:
THRU:
FROM:
DAVID xT~-IARDEN, CITY MANAGER
PAUL DORLING, DIREr'FOR OF PLANNING AND ZONING
ROI~CR'I~G. TEFFT, PLANNER
SUBJECT:
MEETING OF JUNE 19, 2001 **CONSENT AGENDA**
ACCEPTANCE OF A HOLD HARMLESS AGREEMENT ASSOCIATED WITH
GROVE SQUARE - 55 SE 2ND AVENUE.
ACTION'I'Ri~~ED OF CI~/' COMMISSION
The action requested of the City Commission is acceptance of a Hold Harmless Agreement associated
with the installation of a canopy at Grove Square. The property is located at 55 SE 2nd Avenue, on the
east side of the road between East Atlantic Avenue and SE 1st Street.
The subject property consists of Lots 1-18, Block 85, Town of Linton, and is 1.36 acres.
The Redevelopment of Block 85 was approved in August 1995, as a mixed use project with
restaurant/retail uses in phase one (now completed), and office/residential in phase two. At its meeting of
August 25, 1999, the Site Plan Review and Appearance Board approved a site plan modification
associated with the build-out of the development. The modifications involved the construction of a 11,638
square foot four-story office building (rather than a 12,328 sq. ft. 4-story mixed use building). The
approved elevations indicated a canopy extending from the west elevation, however the site plan did not.
A site plan modification to install the 15'-4" x 7' canopy is being handled administratively.
Pursuant to LDR Section 6.3.4, canopies, marquees and covered walkways may extend into the public
right-of-way when approved by the Chief Building Official subject to the execution of a Hold Harmless
Agreement.
The attached Hold Harmless Agreement is being processed to hold the City of Delray Beach harmless for
any damage which might be caused to the canopy as a result of any future maintenance of utilities located
within SE 2® Avenue right-of-way. It will also hold the City harmless for any claims for any damages or
injuries caused by the canopy. The attached agreement has been reviewed by the City Attorney's Office
for sufficiency and the Chief Building Official has approved the location of the canopy. The agreement is
now before the City Commission for action.
By motion, accept the Hold Harmless Agreement associated with Grove Square at 55 SE 2® Avenue.
Attachments:
· Hold Harmless Agreement
· Site Plan
· Elevation
CANOPY HOLD HARMLESS AGREEMEN~r
This Hold Harmless Agreement and General Release, is made this
,200
day of
by and between the City of Delray Beach, Florida ("City") and
with a mailing address of
and hereinafter referred to as ("Owner").
WITNESSETH:
WHEREAS, Owner, located at , Delray Beach, Florida,
has requested approval to install a canopy on the City right-of-way pursuant to the
requirements of the Land Development Reg-ulations of the City of Delray Beach, Section 6.3.4;
WHEREAS, the Land Development Regulations of the City of Delray Beach, Florida
in Section 6.3.4 requires approval of-the Chief Building Official through approval of an
applicable agreement with the City; and,
~rHEREAS, O~mer agrees to abide by all the regulations governing canopies
extending into the public right-of-way as contained within the ordinances of the City of Delray
Beach.
NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SET
FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY
AGREE AS FOLLOWS:
1. RECITALS. The recitations set forth above are incorporated herein.
2. CITY ASSUMES NO LIABILITY. Owner ac'knowledges that the City shall
assume no liability or responsibility for said land, structures, improvements, materials.
appurtenances or the partial or complete destruction or removal of the same on the subject
property.
3. PERMITS REQUIRED. Nothing in this Agreement relieves Owner of any
obligation imposed under the City's Land Development Regulations or Code o£ Ordinances.
Owner is responsible for obtaining any and all permits required in connection with the
construction/installation of the canopies and/or supports.
4. INDEMNIFICATION Owner shall defend, indemnify and hold the City
harmless from any claims, suits, damages, causes of action or any other forms of liability that are
brought against the City, its employees, agents, contractors and assigns arising out o£ Owner's
installation/construction oft he canopies and/or supports.
5. GOVERNING LAWS; VENUE Any claims, lawsuits or disputes that may
arise under this Agreemem shall be governed by the Laws of Florida, with venue in Palm Beach
County, Florida.
ATTEST:
By:
City Clerk
Approved as to form and legal
sufficiency:
By:
City Attorney
WITNESS:
(name typed or handwritten)
WITNESS:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
OWNER:
By:
(name typed or handwritten)
SEAL
(name typed or handwritten)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 200_ by (name of officer or agent, title of
officer or agent), of (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the corporation.
He/She is personally known to me or has produced (type
of identification) as identification and did/did not take an oath.
Signature of Person Taking
Acknowledgment
1
- /
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~' P' - REGULAR MEETING OF JUNE 19, 2001
RESOLUTION NO. 43-01
DATE: JUNE 13, 2001
This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure
located at 31 SW 11th 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. 43-01.
Ref~gmemol5.Res 43-01.DemoUnsafe
RESOLUTION NO. 43-01
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 Chief3
Building Official; therefore pursuant to Article 7.8 of the Land Development
Regulations the Building Official caused the abatement action to be done;
and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant
to Section 7.8.11 of the Land Development Regulations of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred in
abating, said condition as aforesaid, said report indicating the costs per
parcel,~of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Article 7.8 of the Land Development Regulations desires to assess the cost
of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section
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. 43-01
the rate of six percent (6%) per annum, plus reasonable attorney's fees an~
other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty (30)
days from the date of adoption and the assessment(s) contained herein shall
become due and payable thirty (30) days after the mailing date of the notice
of said assessment(s), after which a lien shall be placed on said
properTy(s), and interest shall accrue at the rate of six percent (6%) per
annum plus reasonable attorney's fee and other costs of collection.
Section 5. That in the event that payment has not been received by
the City Clerk within thirty (30) days after the mailing date of the notice
of assessment, the City Clerk is hereby directed to record a certified copy
of this resolution in the public records of Palm Beach County, Florida, and
upon the date and time of recording of the certified copy of this resolution
a lien shall become effective on the subject property which shall secure the
cost of abatement, interest at the rate of 6%, and collection costs including
a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the
, 2001.
day of
ATteST:
MAYOR
Acting ~ity Clerk
Res. No. 43-01
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
NOTICE OF ASSESSMENT
TO:
MAILING ADDRESS:
PROPERTY ADDRESS:
LEGAL DESCRIPTION:
A?CCORDING TO PLAT BOOK
COUNTY, FL
BERTHA PRESTON
PO. BOX 1215
DELRAY BEACH, FL 33447
31 SW llth AVENUE
DELRAY BEACH, FL 33444
LOT 16, BLOCK 8, ATLANTIC GARDENS DELRAY
14, PAGE 63 OF THE OFFICIAL RECORDS OF PALM BEACH
You, as the record owner, of, or holder of an interest in, the above described property are
hereby advised that a cost of $ 4,154.50 by resolution of the City Commission of the
City of Delray Beach, Florida, dated ., 2001 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 10/23/00 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. 43-01
The City of Delray Beach has therefore taken remedial action to remove the unsafe
condition existing on the above described property on 4/27/01 at a cost of $4,154.50
which includes a ten percent (10%) administrative fee. If you fail to pay this cost within
thirty (30) days, that cost plus additional administrative and recording costs shall be
recorded in the official Records of Palm Beach County, Florida against the above
described property.
THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT
LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN
THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE
LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO
II~ITEREST 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
Acting City Clerk
Res. No. 43-01
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~".- REGULAR MEETING OF JUNE 19, 2001
RESOLUTION NO. 44-01
DATE: JUNE 13, 2001
This is a resolution assessing costs for abatement action required to remove nuisances on seven (7)
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. 44-01.
Ref:Agmemo 15.NuisanceAbatement
RESOLUTION NO. 44-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON
CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING
THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
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 a 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 of 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 from 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 Administration 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 tb
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission 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 Commission 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, F~ORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts 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 leviedl
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 Sec. 3, become a lien upon the respective lots andi
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 he 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 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 .Commission 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 oni
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 collection 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 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
Res. No. 44-01
of the certified copy of this resolution a lien shall become effective on the subjec%
property which shall secure the cost of abatement, interest at the rate of 8%, an~
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED in regular session on this the day of
· 2001.
MAYOR
ATTEST:
Acting City Clerk
Res. No. 44-01
COST OF ABATING NUISANCES UNDER CHAPTER t00
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
ATLANTIC GARDENS DELRAY, LOT 1, BLOCK 9,
PAGE 14, P 63, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(SW 11th AVENUE)
PC # 12 43 46 17 23 009 0010
CUST. ID # 129
ATLANTIC PARK GARDENS, DELRAY, LOT 17,
BLOCK 1, PB 14, P 56, PUBLIC RECORDS OF
PALM BEACH COUNTY, FL
(37 13th AVENUE)
PC # 12 43 46 17 16 001 0170
CUST. ID # 7644
ATLANTIC~ARDENs DELRAY, LOTS 2 & 3,
BLOCK 9, PB 14, P 63, PUBLIC RECORDS OF
ANNIE M. WATT &
MAGGIE L WATT
336 SW 5th AVENUE
DELRAY BEACH, FL 33444 $ 173.63
PALM BEACH COUNTY, FL
(SW 11 th AVENUE)
PC # 12 43 46 17 23 009 0020
CUST. ID # 7815
TROPIC I~LE, LoTS '101 ~. 102, PB 1, P 3,
ERSKINE HEPBURN
126 SW 7th AVENUE
DELRAY BEACH, FL 33444
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(FLORIDA BLVD)
PC# 12 43 46 28 01 000 1010
CUST. ID # 8812
TOWN OF DELRAY, N 50 FT OF S 200 FT bi
E 135 FT OF BLOCK 13, PB 1, P 3, PUBLIC
RECORDS OF PALM BEACH COUNTY, FL
(36 SW 6th AVENUE)
PC# 12 43 46 16 01 013 0170
CUST ID # 3o27
CARRIE JOHNSON
c/o JUANITA BECKETT
410 NW 7th AVENUE
DELRAY BEACH, FL 33445
l__$ 58.18
15 70.00
i.
~REEN MACHINE MGMT GROUP
200 MACFARLANE DR. # 405
DELRAY BEACH, FL 33483
JENETHA M. SMITH
PO BOX 17981
WEST PALM BEACH, FL
33416-7981
$ 157.63
ADM FEE
ADM.FEE
ADM.FEE
$ 68 68
$ 70.00 AD~F-EE
, $ 58.93
' $ ~0.00 ~-DI~FI~E
4
Res. No. 44-00
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
TOWN OF DELRAY, N 50 FT OF S 150 FT OF 135 FT Il
OF BLOCK 13, PB 1, P 3, PUBLIC RECORDS OF ,
PALM BEACH COUNTY, FL PAULINE RICE ESTATE
(40 SW 6th AVENUE) C/O BERNARD WRIGHT
PC# 124346 16 01 013 0180 PO BOX 733
CU_ST_. _ID?- 217 ........... DELRAY BEACH, FL 33447
~$ 70.00 iADM.FEE
/
RESOB- be BLOCK 29~ bEER-AY B~6H~ -- ~ - -
LOTS 28 & 29, BLOCK 29, PB 9, P 66
PUBLIC RECORDS OF PALM B~CH COUNt, FL
(95 SW 5TH AVENUE) CHARLIE TERRY
PC ~ 12 43 46 17 06 029 0280 39 SW 9th AVENUE · 3
CUST ID ~ 101 DELRAY BEACH, FL 33444
I
~lO[~TIO~ 18: S[G. ~00-0~ - ~D 10 Bfi KE~I FRfiE OF
VEGETATION, MA~ER CONSTITUTING H~RDS, DEC.RED NUISANCE.
Res. No. 44-00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CiTY MANAGER ~
AGENDA ITEM # D~' /"/' - REGULAR MEETING OF JUNE 19, 2OOl
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/R.S.I.
FLORIDA, INC.
DATE: JUNE 15, 2001
(POLICE DEPARTMENT RE-ROOFING)
This is before the City Commission to approve Closeout Change Order # 1 in the amount of
$1,780.00 with R.S.I. Florida, Inc. for completion of the Police Department re-roofing project.
Also requested is final payment in the amount of $20,850.50. The project is complete and has been
inspected and approved by staff and all warranty documentation processed.
Funding is available from 334-6112-519-46.10 (General Construction Fund/Building Maintenance).
Recommend approval of Closeout Change Order #1 and the request for final payment to R.S.I.
Florida, Inc. for completion of the Police Department re-roofing project.
Ref:Agmemo16.CloseoutFinalPay. PDRe-roofing06.19.01
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
www delrayesd com
TO:
FROM:
DAVID HARDEN
City Manager
AV~ s~ sT?2 cM~o nJsTt~ruEcNtioYIn ~ag~er~/~
SUBJECT:
POLICE DEPT. RE-ROOFING PROJECT (P/N 00-062)
Change Order # 1 and Final Payment
DATE: JUNE 12, 2001
Attached is an Agenda Request for City Commission to approve a net add Change Order #1, in the amount
of $1,780.00, and a final payment, in the amount of $20,850 50, to R.$.I. of Florida Inc. for the completion of
the Police Department Headquarters Re-Roofing project.
The contract award of $177,925.00 included a contingency allowance of $10,000.00. The unit quantity of
loose barrel ridge tiles requiring replacement came in under the contract amount by $2,150.00 and at the
City's request, deteriorating wood fascia at the top of the parapet walls were covered with copper at a cost
of $13,930.00.
The project is complete and all warranty documentation processed. Staff recommends the City
Commission approve Change Order #l/Final in the amount of $'1,780.00 and final payment in the amount
of $20,850.50 to R.S.I. of Florida, Inc. for the completion of the Police Department Headquarters Re-
Roofing project.
Funding is available from account 334-6112-519-46.10, General Construction Fund/Building maintenance.
CC.
David Junghans; Amin Serv. Dir., Pohce Dept.
Richard Hasko; Director of E.S.D.
Howard VV'~ht, Deputy Director of Construction
File 2000-062 (A)
s\.. A2000-062~agend memo 061901 doc
S:~Eng,4dmtn~Projects1200012000-O621CONSTRCTb~genda memo 061901 doc
CHANGE ORDER NO.
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
One (1)/Final PROJECT NO. 2000-062
Police Department Re-Roofing Project
R.S.I. of Florida, Inc
DATE: June 19, 2001
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Provide all labor, material, and equipment necessary for the construction of various revisions to the
plans and specifications to the Police Department Re-Roofing Project as outlined below:
Contract Contingency Allowance.
Replace barrel ridge tiles (plus/minus as-built quantities).
Cover wood fascia with copper flashing.
Net Add Amount.
....... ($1o,ooo.oo)
......... ($2,15o.oo)
$13,930.oo
........ $1,780.00
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 1.0 %
TOTAL PER CENT INCREASE TO DATE 1.0 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE, 0 CALENDAR DAYS.
$177,925.00
$0.00
$177,925.00
$1,780.00
$179,705.00
CERTIFIED STATEMENT:
I hereby certify that the supporting cost data included is, in my considered
opinion, accurate; that the pdces quoted are fair and reasonable and in
proper ratio to the cost of the odginal work contracted for under benefit of
competitive bidding.
R.S.I. of Florida, Inc.
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services Department 334-6112-519-46.10
DEPARTMENT
FUNDS BUDGETED CODE
CERTIFIED BY
RECOMMEND:
APPROVED:
ENGINEER/DIRECTOR
CITY ATTORNEY
DELRAY BEACH, FLORIDA
By its City Commission
By:
MAYOR
ATTEST:
By:
CITY CLERK
s.~...~2000-062~cnst rctn~:o 1 doc
Agenda Item No. ~' ;I/'/~'
Request to be placed on:
AGENDA REQUEST
Date: June 12, 2001
X
Regular Agenda
Special Agenda
Workshop Agenda
When: June 19, 2001
Description of item (who, what, where, how much): Staff requests City Commission to approve
a net add Change Order #1/Final in the amount of $1,780.00, and a final payment in the amount of
$20,850.50, to the construction contract with R.S.I. of Florida, Inc. for the completion of the Police
Department's Re-Roofing project. Funding is available from the General Construction Fund /
Building Maintenance account No. 334-6112-519-46.10.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends the City Commission approve Change Order #1/Final and
Final Payment to the construction contract with R.S.I. of Florida, Inc. completion of Police
department's Re-R°°fing pr°ject' ,.~,,~ f~ ._/_.~(,_.C.~
Department head signature: ..... ~ - / ~- ~t
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable)~
Budget Director Review (re~iu~d on all items involving expenditure of funds):
Funding available: E{~NO___
Funding alternatives (if applicable):
Account No. & Description 334-6112-519-46.10; Gen. Cnstrctn Fund/~l~{
Account Balance .~. Jc~/ ~(~ ~z.<) ~ ~!1,~. !Oi ,~3,1,~ ·
City Manager Review:
Approved for agenda: ~NO ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s'.\...~2000-062~:onstrctn~Agenda Request 061901
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Kenneth L. Thomas, Community Development Administrator
Lula Butler, Commumty Improvement Director ~
June 13, 2001
Delray Beach Renaissance Program Subsidy Reqnest
ITEM BEFORE THI~ COMMISSION
City Commission authorization and approval to ~ssue a subsidy to one (1) eligible
apphcant/family under the Delray Beach Renaissance Program. The subsidy represents the 125th
homeownership assistance grant provided under the city Renaissance Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved by the
City Commission on January 23, 1996. In partnership with the Delray Beach Community
Development Corporatmn, the TED Center, the Community Redevelopment Agency, the
Comtnun~ty Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray
Beach Housing Authority, we are committed to providing homeownership opportunities to 80
homebuyers through new construction and acquisition rehab beginning October 1, 1995 through
September 30, 1998. An agreement to extend the program for one additional year was approved
by all parmers and the City Commission. On June 15, 1999, the C~ty Commission approved a
new Memorandum of Understanding operating the Renaissance Program.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage
lender. The seminar includes training and information on financial planning, cre&t and
borrowing, budgeting, fmr housing ~ssues, mortgage and closing costs and a comprehensive
glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and
requires the applicant to maintain ownership/residence for a specified period according to the
amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per
year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less
than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years.
RECOMMENDATIONS
Staff ~s recommending City Commission approval to fund a subsidy for one (1) eligible
applicanfffamfly of the following property: (New Construction) XXX SW 7t~ Avenue- $22,500.00
Lots 6 & 7, Block 15, TOWN OF DELRAY
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 68.02
NAME Aubin & Vela Cadet
PROPERTY ADDRESS xxx SW 7th Avenue, Delra¥ Beach
LEGAL DESCRPTION Lots 6 & 7, Block 15, TOWN OF DELRAY, PB 13, PG 18
% OF AREA MEDIAN HOUSEHOLD INCOME 56%
FIRST MORTGAGE
RATE 7.50 %
LTV 81.00 %
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION
COST OF LOT
COST OF EXISTING UNIT
NON- PROFIT DEVELOPER'S FEE
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage $19,500.00
Developer's Fee $ 3,000.00
$82,900.00
$12,000.00
N/A
$ 3,000.00
$ 2,236.25
$ 2,739.70
$102~875.95
$ 76,000.00
$ 22,500.00
THIRD MORTGAGE
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003)
$1,000.00
$3,375.95
NO. IN HOUSEHOLD 4
Republic Security Bank
City of Deka¥ Beach SHIP
Deposit
[]
SW
1ST
S.W
AUBURN CIRCLE NORTH
S W. 5RD CT
IIII
3RD
2ND
I[
POLICE
COMPL EX
ST
ST.
ST
DELRA Y BEACH
PUBLIC WORKS
COMPLEX
CITY OF DELRAY BEACH, FL
PLANNING & ZONINGDEPARTMENT
LOTS 6 & 7, BLOCK 15, TOWN OF DELRAY
XXX S.W. 7TH AVENUE
-- OIG/7',AL ~,4S£ M/b° $)"5')'E'M -- MAP REF. LM529
Agenda Item No.:
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
__ Special Agenda
__ Workshop Agenda
xxxxx Consent Agenda
Date: June 13, 2001
When: June 19, 2001
Description of item:
Authorization and approval to issue a subsidy to one (1) eligible applicant under the
Delray Beach Renaissance Program totaling $22,500.00.
Note: Aubin and Vela Cadet ($22,500) represents the 125th homeownership assistance
grant provided under the Renaissance Program to date.
Recommendation:
Staff recommends approval of one (1) subsidy award. Funds are to be awarded from the
State Housing Initiatives Parmership (SHIP) Program.
SHIP Total: $22,500.00 Account Number: 118-1924-554.83-01
Department Head Signature: ~ ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of fimds):
Funding Available: ~O It liqlOl
Funding Alternatives:
Account No. & Description: II~' Iq,~ ~1{. gsa[
Account Balance: Iq~ ,q/I/q .~
(if a_pplicablel
City Manager Review:
Approved for Agend,~ot,/ ~qO
Hold Until: ~]"u'1
Agenda Coordinator Review:
Received:
Placed on Agenda:
CITY OF DELIIIIY BEI:I£H
DELRAY BEACH
AII-AmericaCity
100N.W. lstAVENUE DELRAY BEACH, FLORIDA 33444-561/243-7000
1993
TO:
FROM:
DATE:
SUBJECT:
City Commission
David T. Harden, City Manager~fft/I
June 15, 2001
Agenda Item , City Commission Meeting June 19, 200! Approval
Of Purchase of Additional Radio's for Fire Department Operations
ACTION
City Commission is requested to approve the purchase of additional radios and
accessories for the fire departmem. Funding is available in account number 334-6112-
519-63.22.
BACKGROUND
The requested additional equipment is necessary to allow the Fire Department to operate
more efficiently, not only on a day to day basis, but also during other large scale incidents
such as hurricanes, hazardous material incidents, and other extended operations. The
additional equipment will allow the department to fully deploy resources as additional
units are added to the system or when supplemental manpower is placed on existing
units. This level of communications support would allow us to expand staffing levels on
7 Engine Companies, 3 Track Companies, 8 Rescue Units, 1 Support unit, 1 Tanker and
1 Brash Utility Unit.
RECOM~IENDATIO, N
Staff recommends approval of the purchase of the additional radio equipment from
Motorola in the amount of $77,815.32. Funding is available in account number 334-
6112-519-63.22.
DTH:ags
File:u:allen:DT
Doc:Agenda June 19 2001
Prlnted o~3 Recycled Paper
THE EFFORT ALWAYS MATTERS
[lTV I]F I]ELARV BER[H
FIRE DEPARTMENT
DELRAY BEACH
SERVING DELRAY BEACH · GULFSTREAM ·
AII.Am~ica City
® TO: David T. Harden, City Manager
1993
FROM: Kerry B. Koen, Fire Chief
HIGHLAND BEACH
DATE: June 4, 2001
SUBJECT: Additional Radio Equipment
Pursuant to our recent conversations, I have identified additional radio equipment that
should be purchased in order to allow us to operate more efficiently, not only on a day to
day basis, but also during hurricanes, large scale hazardous material incidents, and other
extended operations.
I have divided these recommendations into two groups. Group 1 includes those items,
which should have been included with the original purchase, but for a variety of reasons
may not have been identified by the either the consultant, staff, or both. Some of these
needs also occur from the realties and actual experience of now "living with" the new
system.
Group 2 includes additional equipment which would be utilized during extended
operations such as hurricanes, and would allow us to fully deploy our resources as
additional units are added to the system or when supplemental manpower is placed on
existing units. This level of communications support would allow us to expand staffing
levels on 7 Engine Companies, 3 Truck Companies, 8 Rescue Units, 1 Support Umt, 1
Tanker, and 1 Brush Utility Unit.
GROUP 1 Fire-Rescue Operations; and Administration
Quantity
5
3
3
2
Item Unit Price Extended Price
Single Unit XTS/MTS Chargers $ 106.00
Multi Unit XTS/MTS Chargers 574.00
REX4424A Battery Eliminators 225.00
Multi Unit, WPLN 4079BR Battery
Reconditioners (6 each)
530.00
1,722.00
675.00
552.50 1,105.00
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper
12
WPPN 4019 Battery Reconditioner
Adapters 41.61 499.32
2 Model II Smart Zone Portable Radios 3,267.00 6,534.00
2 Spare Batteries - NTN 8297 Nicad 149.00 298.00
2 Non-Public Safety Microphones 78.00 156.00
2 Leather Carry Cases 51.00 102.00
3 Noise-Canceling Comm-Port Units
w/ear mic
298.00 498.00
Sub-Total- Group 1 Equipment
$12,515.32
GROUP 2 Fire-Rescue Operations; and Emergency Management
Quantity Item Unit Price Extended Price
18
28
18
18
Sub Total - Group 2
Total of Group 1 and 2
Model II Smart Zone Portable Radios
Spare Batteries - NTN 8297 Nicad
Non-Public Safety Microphones
Leather Carry Cases
3,267.00 $58,806.00
149.00 4,172.00
78.00 1,404.00
51.00 918.00
$65,300.00
$77,815.32
It is my recommendation that the equipment listed in both Groups 1 and 2 be purchased.
With your approval, we will prepare the necessary requisitions to secure this equipment
in a timely manner.
Kerry B. Koen
Fire Chief
CCi
Asst. Chief Wigderson
Ellen P. Wickert
Lt. Twigger
KBK/cls
Request to be placed on:
X Regular Agenda
When: June 19, 2001
Description of agenda item:
.4GEND,4 ITEM NUMBER:
AGENDA REQUEST
Special Agenda
Date:
Workshop Agenda
City Commission is requested to approve the purchase of the additional radio equipment from
Motorola in the amount of $77,815.32. Fundinq is available in account number 334-6112-519-
63.22.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
Recommendation: Approval
NO
NO
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
/
Funding available: Yes V/ No
Funding alternatives:
Account Number:
o~Account Description:
Account Balance:
(if applicable)
City Manager Review:
No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
Disapproved
P.O. #
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~. ]~' - REGULAR MEETING OF JUNE 19, 2001
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: JUNE 15, 2001
Attached is the Report of Appealable Land Use Items for the period June 4, 2001 through June 15,
2001. 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 fde the report as
appropriate.
Ref.~pagmemo/Appealables/06-19-01
TO:
THRU:
FROM:
SUBJECT:
DAV~HA~EN; CI. TY MANAGER
,~/~UL DORLIN;,~CTOR OF PLANNING AND ZONING
JASMIN ALLEN, PLANNER
MEETING OF JUNE 19, 2001 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS MAY 29, 2001 THRU
JUNE 15, 2001
The action requested of the City Commission is that of review of appealable actions
which, were made by various Boards during the period of May 29, 2001 through June
15, 2001.
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 Regular Meeting of the Planning and Zoning Board was held during this period.
A. Approved with conditions (6 to 0, Perez-Azua arrived late), blanket sign program
for flat wall signs for the retail stores at 1155 East Atlantic Avenue (located on the
north side of East Atlantic avenue, east of the Spanish River Resort).
City Commission Documentation
Appealable Items Meeting of June 19, 2001
Page 2
Approved with conditions (7 to 0 Perez-Azua arrived), a fiat wall sign and free
standing sign for Lucille's Bad to the Bone BBQ, located within the Lavers
International Plaza at the southeast corner of Linton Boulevard and SW 10th (710
Linton Boulevard)
Approved (7 to 0), the architectural elevation plan associated with the removal of
an existing awning and installation of a canvas box style awning over the entry
doors for Ora Sorensen Gallery, located at the northwest corner of East Atlantic
Avenue and NE 5th Avenue (445 East Atlantic Avenue).
Approved with conditions (7 to 0), the architectural elevation plan associated with
the replacement of the recently removed concrete barrel tile overhang and
entrance awning with a new 76' wide combination box and barrel style vinyl
awning for Boston's on the Beach, located on the west side of S. Ocean
Boulevard, south of East Atlantic Avenue (40 S. Ocean Boulevard).
E. Approved with conditions (7 to 0), the architectural elevation plan associated with
fa(;ade changes to the commercial building located at 2201 NE 2nd Avenue
(northeast corner of Seacrest Boulevard and NE 22nd Street).
Approved (7 to 0), the architectural elevation plan associated with modifying the
style of the existing windows and the addition of new windows for Gracey-Backer
Building, an existing office building, located at the northwest corner of George
Bush Boulevard and NE 3rd Avenue (275 George Bush Boulevard).
Approved with conditions (4 to 3, Perez-Azua, Eliopoulos and Borchardt
dissenting), a Class II site plan modification associated with minor modifications to
the building footprint in conjunction with architectural elevation changes for Alta
Meadows (aka Waterford Park), located at the southwest corner of Lindell
Boulevard and SW 10th Avenue. The landscape plan and architectural elevation
plan were approved on a 7 to 0 vote.
Ho
Approved (6 to 0, Branning left the meeting), a Class IV site plan modification
associated with the demolition of an existing 4,616 sq. ft. building and construction
of a three story 18,727 sq. ft. building at Delray Lincoln Mercury, located on the
west side of South Federal Highway, south of Linton Boulevard (2101 South
Federal Highway).
Approved (5 to 0, Sloan and Bodker absent), a request for a Certificate of
Appropriateness for a wall sign for Ice Lounge, located at the southeast corner of
Swinton Avenue and East Atlantic Avenue (2 E. Atlantic Avenue).
City Commission Documentation
Appealable Items Meeting of June 19, 2001
Page 3
Approved (5 to 0), the landscape plan and architectural elevation plan associated
with the construction of a new 9,292 square foot office building, Pineapple Grove
Professional Office Building, located on the east side of NE 3rd Avenue,
approximately 680' north of NE 4th Street. The site plan was previously approved
by the Board.
Approved (5 to 0), a request for a Certificate of Appropriateness for a
freestanding sign for Da Da, located at the southwest corner of Swinton Avenue
and NVV 1st Street (32 North Swinton Avenue).
Approve (5 to 0), a Class II site plan modification and a request for a Certificate of
Appropriateness associated with the realignment of Marine Way, construction of
32 additional on-street parallel parking spaces, renovations to the existing shore
facility and landscaping.
Approve (3 to 1, McDermott left) a request for a Certificate of Appropriateness
associated with fa(~ade improvements for Busch's Restaurant, located at the
southwest corner of East Atlantic Avenue and the Intracoastal Waterway (840 E.
Atlantic Avenue).
Other Items
[3
Recommended to the Planning and Zoning Board approval of the rezoning from
RM (Medium Density Residential) to CF(Community Facilities) for the First
Presbyterian Church.
By motion, receive and file this report.
Attachment:
· Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting-
JUNE 19, 2001
L-30 CANAL
L.~ ~L
N W,, ~ID ST.
&W.
C-f5 CANAL
UNTON
$.P.R.A.B:
A. 1t55 E. ATLANTIC AVENUE
B. LUCILLE~ BAD TO THE BONE BBQ
C. ORA SORENSEN GALLERY
D. BOSTON'S ON THE BEACH
E. 2201 N.E. 2ND AVENUE
F. GRACEY-BACKER BUILDING
G. ALTA MEADOWS
H. DELRA Y LINCOLN MERCURY
H.P.B.:
1. ICE LOUNGE
2. PINEAPPLE GROVE PROFESSIONAL
OFFICE BUILDING
3. DA DA LOUNGE
4. MARINE WAY IMPROVEMENTS
5. BUSCH'S RESTAURANT
......... Ci'TY LIMITS
I ONE MILE I
GRAPHIC SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2001
TO:
THRU:
FROM:
SUBJECT:
DAVID"T. HARDEN, CITY MANAGER
P~/L DORLING, DIRECT. DR OF PLANNING AND ZONING
(IASMIN ALLEN, PLANNER
MEETING OF JUNE 19, 2001
CONSIDERATION OF A WAIVER REQUEST TO ELIMINATE
THE
REQUIREMENT FOR A HEDGE TO SCREEN A SiX FOOT (6') WOOD
OPAQUE FENCE AT 210 ENFIELD ROAD
The subject property is located at the intersection of Enfield Road and Aylesbury Road.
The site contains an existing single family house. A six foot (6') high wood fence of a
half moon design is proposed along the property line on Aylesbury Road (approximately
110 feet), then westward onto Enfield Road for 60 feet to connect to a proposed 3'
high picket fence. The request is to waive the requirement to set the fence back two
feet and provide hedging to screen the 6' high wood fence.
Pursuant to LDR Section 4.6.5(D) fencing that is greater than 75% opaque and located
in the front and street side yards shall also be screened by hedging which is to be
maintained at the full height of the fence. Further, LDR Section 4.6.5(F) requires that
fences which are to be landscaped shall be set back a minimum of two feet (2') from the
property line to provide adequate area for vegetation to mature. A hedge is required to
screen those portions of the 6 foot high wood fence located along Enfield Road and
Aylesbury Road. The applicant has requested a waiver of the hedging requirement
based on the following reasons:
City Commission Documentation
Meeting of June 19, 2001
Waiver for 210 Enfield Road
Page 2
L)
My wife and I like the design of the fence and tend to paint it in a way that we feel
is attractive. Consequently, we would like it to be visible - and not obscured by a
hedge.
This hedge requirement would make us give up the use of approximately 400
square feet of our property. And given the shape of our tapered corner property,
and the fact that we are already giving up the right of use of over 400 square feet
of it to comply with the 40' setback requirement to meet the sight-line regulation,
this seems an unfair additional burden.
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)
(b)
(c)
(d)
Shall not adversely affect the neighboring area;
Shall not significantly diminish the provision of public facilities;
Shall not create an unsafe situation; or,
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.
The applicant's objection to the provision of the hedging is due to the shape of the
property and that the effective use of over 400 sq. ft. will be loss in order to comply with
the sight visibility triangle. Pursuant to LDR Section 4.6.14(A), a visibility triangle is
required at the intersections of roads (corner lots) and driveways to provide an
unobstructed view between the heights of three feet and six feet. The required visibility
triangle at the intersection of two streets is 40'. Given the configuration of this
intersection, maintaining proper visibility is a public safety concern with respect to those
drivers entering the intersection. The Engineering Department does not support a
reduction in the visibility triangle thus the 40' visibility triangle must be maintained.
The requirement for the hedging arises from aesthetic concerns associated with the
appearance of wood fencing. Given the length of the fence and the lack of landscaping
between the roadways and the property lines the fence will appear very imposing. Thus,
the granting of such waiver will adversely affect the appearance of the neighborhood as
the site is located at a highly visible intersection. Additionally, the LDR's allows several
alternatives for perimeter fencing that would not trigger the hedging requirement.
These include less opaque fencing such as a picket fence or a vinyl coated chain link
fence. Therefore, the granting of the waiver will result in the grant of a special privilege.
Based on the above, staff does not support the waiver request.
By motion, deny the waiver to LDR Section 4.6.5 (D) to eliminate the requirement for a
hedge to screen the proposed 6 foot high wood fence.
Attachments:
Survey
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~:5~ - REGULAR MEETING OF JUNE 19, 2001
MOTION TO RECONSIDER PRIOR LIEN REVIEW COMMITTEE
RECOMMENDATION/DAVID HARGROVE
DATE: JUNE 15, 2001
This is before the City Commission to reconsider the prior recommendation of the Lien Review
Committee regarding Customer 55, David Hargrove. The City Attorney advises that if the
Commission wants to reconsider this matter a motion to reconsider separate from the motion of
substance of this matter needs to be made.
The Lien Review Committee's recommendation presented to Commission at the March 6, 2001
meeting was that Mr. Hargrove's outstanding liens be reduced from $7,875 to $1,000, providing the
$1,000 was paid within 7 days after Mr. Hargrove being notified and further providing payment being
made by certified check.
The recommendation of the City Manager was "My understanding is that Mr. Hargrove was
"incapacitated" because he was in prison. The memo from the Code Enforcement Administrator
indicates that the City is out of pocket $3,301.02 for nuisance abatement and building demolition on
this property. My recommendation is that in this case, we should at least recover our out of pocket
costs."
The motion on March 6, 2001 was approved unanimously that Mr. Hargrove be responsible for
paying $3,301.02 to the City within a twelve month period, and other recommendations by the Lien
Review Advisory Committee as listed in the staff report.
It is the City Commission's discretion concerning a motion to reconsider.
Ref:Agmemo 11.LienReviewHargrove.06.19.01
Memorandum
TO:
THRU:
FROM:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Community Improvement Director/;~ ~
Richard Bauer, Code Enforcement Administrator
RECONSIDERATION OF LIEN REVIEW COMMITTEE'S
RECOMMENDATION CONCERNING DAVID HARGROVE
DATE: May 22, 2001
At the Lien Review Committee meeting on April 17, 2001, the members
respectfully requested that their former recommendation concerning Customer
55, David Hargrove, be reconsidered.
The committee previously recommended that Mr. Hargrove's outstanding
balance of approximately $7,875 be reduced to $1,000.00. The City Commission
decided that recovering $3,301.02, actual out of pocket costs, would be more
appropriate. The committee wanted the City Commissioners to know that their
recommendation was based on the following factors:
· Mr. Hargrove took the time to appear at the committee meeting to
explain his current situation and that he was just "getting back on his
feet" and would like to be able to do something productive with the
properties.
· The reduced amount would be quickly collected by the City versus the
uncertainty of collecting a larger amount.
· The property taxes were paid up to date by Mr. Hargrove further
demonstrating that he had not abandoned the properties.
The committee realizes that the City Commission is the final authority and makes
this reconsideration request with full respect for that authority.
RB:mh
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS ~
CITY MANAGER ~
AGENDA ITEM ~ ~. - REGULAR MEETING OF MARCH 6~ 2001
LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATION
MARCH 2, 200I
This is' 'before the City Commission to consider the acceptance of the recommendations by the Lien
Review Advisory Committee concerning the disposition of outstanding liens listed in the staff report.
I recommend accepting all the recommendations of the Lien Review Advisory Committee except one.
The Committee recommended that David Hargrove be allowed to satisfy $7,875.00 in liens by paying
$1,000.00 within seven days of receiving notice. My understanding is that Mr. Hargrove was
"incapacitated" because he was in prison. The attached memo from the Code Enforcement
Administrator indicates that the City is out of pocket $3,301.02 for nuisance abatement and building
demolition on this property. My recommendation is that in this case, we should at lease recover our
out of pocket costs.
Ref'~gmemol 12.ienReview3-6-01
MEMORANDUM
TO:
From:
SUBJECT:
DATE:
NUISANCE ABATEMENT
Out of Pocket
Code Enforcement Administration Fees
City Clerk Admin., Recording and
Interest
Total
Lula Butler, Community Improvement Director
Richard Bauer, Code Enforcement Administrator
DAVID HARGROVE
March 2, 2001
$1,656.52
840.00
2,456,04
UNSAFE - DEMOLITION
Out of Pocket
Interest, Recording
Total
Rb:ib
$1,644.50
1,318.28
Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt
- Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5
to 0 vote.
9.Fo
APPOINTMENTS TO THE DELRAY BEACH DOWNTOWN
DEVELOPMENT AUTHORITY: Appoint two (2) members to the Delray Beach Downtown
Development Authority for unexpired terms. The appointments will be made by Commission
Schwartz (Seat #3, term ending July 1, 2002) and Commissioner McCarthy (Seat #4, term
ending July 1, 2003).
Mr. Schwartz moved to appoint Louis J. Carbone as a member to the Delray
Beach Downtown Development Authority for an unexpired term ending July 1, 2002, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion
passed with a 5 to 0 vote.
Ms. McCarthy moved to appoint George Maso as a member to the Delray Beach
Downtown Development Authority for an unexpired term ending July 1, 2003, seconded by Mr.
Schwartz. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
9.G. LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
Consider approval of the Lien Review Advisory Committee's recommendations concerning
outstanding liens on various city properties.
Lula Butler, Director of Community Improvement, stated this item is before the
Commission to consider the acceptance of the recommendations by the Lien Review Advisory
Committee concerning the disposition of outstanding liens with the exception of one.
The Committee recommended that David Hargrove be allowed to satisfy
$7,875.00 in liens by paying $1,000.00 within seven days of receiving notice. Mr. Hargrove was
"incapacitated" because he was in prison. Therefore, the Code Enforcement Administrator
indicates that the City is out of pocket $3,301.02 for nuisance abatement and building demolition
on this property.
Ms. McCarthy moved to approve that Mr. Hargrove be responsible for paying
$3,301.02 to the City within a twelve month period, and other recommendations by the Lien
Review Advisory Committee as listed in the staff report, seconded by Mr. Schwartz. Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 6:55 p.m., the Commission moved to Item 12, First
Readings portion of the agenda.
12.
FIRST READINGS:
12.A.
ORDINANCE NO. 19-01: An ordinance amending the Future Land Use Map
-9-
03/06/01
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~___~ - REGULAR MEETING OF IUNE 19, 2001
LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS
DATE: JUNE 15, 2001
This is before the City Commission to consider the acceptance of the recommendations by the Lien
Review Advisory Committee concerning the disposition of outstanding liens listed in the staff report.
I recommend accepting the recommendations of the Lien Review Advisory Committee, concerning
outstanding liens on various properties.
Ref:Agmemoll.LienReview.06.19-01
Memorandum
To:
From:
Re:
David T. Harden, City Manager
Butler, Community Improvement Director
Lula
June 4, 2001
Lien Review Advisory Committee
ITEM BEFORE THE COMMISSION:
City Commission consideration to accept the recommendations of the Lien Review (Battles) Advisory
Committee
BACKGROUND:
The fifth meeting of the Lien Review Advisory Committee, charged with the responsibility of reviewing
and recommending courses of action on certain nuisance abatement and Code Enforcement Board
cases, occurred on May 15, 2001 This meeting was the last planned meeting for the committee to
review lien files. Future committee meetings will deal with alleyway policies and recommendations. At
the committee meeting held on May 15, 2001, six nuisance abatement and two code enforcement
board files were reviewed. The files reviewed at this meeting were the most voluminous and complex
considered by the committee. The following facts and recommendations are presented.
NUISANCE ABATEMENT FILES:
Files Recommended for No Further Commission Action:
· Customer 6144
· CEB Case 93-11675
· CEB Case93-11674
Louis LaJeune, 501 SW Tenth Street
Elise Jackson, 352 NW Fifth Avenue
Hubert Nelson, 346 NW Fifth Avenue
Files Recommended for Lien Write-offs:
· Customer 5482 Keith Mohammed
Mr. Mohammed owes $180 ($51 out of pocket) for one 1995 nuisance
abatement at property he owns at 218-220 South Swinton Avenue. Mr.
Mohammed is currently residing in Trinidad and was represented at the
committee meeting by his brother-in-law, Mr. Jim Soodeen.
· Page 1
Customer 318
Mr Soodeen explained that his brother-in-law suffered a very serious eye injury
involving extensive, complex surgery and was unable to manage his property for
a bnef period of time. The injury occurred around the time period when the
nuisance abatement charge was incurred. Mr. Soodeen has assumed the
responsibility for his brother-in-law's property. In all likelihood, Mr. Mohammed
will not be retuming from Trinidad.
Because of the hardship incurred by Mr. Mohammed concerning his medical
problem and related expenses, the committee recommended that this account
be wdtten off.
Estervina Moreda
Mrs. Moreda owns property on Reigle Avenue (four undeveloped lots) and at
1102 South Swinton Avenue, a single-family rental property. There are liens
totaling $7300 for 21 nuisance abatements and a junk car removal incurred from
about 1990 to the present. The actual out of pocket costs total about $3212.
The Code Enforcement Administrator interviewed several members of the
Moreda family and leamed the following about the history of the properties
owned by Mrs. Moreda and the Moreda family itself.
The Moreda family owned and operated a nursery/landscape maintenance
business. The principal in the company was Manuel T. Moreda, Mrs. Moreda's
son. Manuel was tragically killed in an industrial accident in 1989. After
Manuel's death, the business collapsed, leaving Mrs. Moreda with no source of
income.
Mrs. Moreda's husband passed away and she became seriously ill with a heart
condition. She has incurred thousands of dollars of medical bills, could not
afford to pay nuisance abatement charges and barely raised sufficient funds to
pay property taxes. In fact, Mrs. Moreda recently lost four other vacant lots to a
tax deed sale because she had no funds to pay property taxes
Mrs. Moreda's remaining properties on Reigel Avenue were the target of illegal
dumping activities in the past because they were isolated from main roads,
vacant and the area was unlit. The City has only recently begun to install streets
fronting Mm. Moreda's lots.
Mrs. Moreda is an elderly Spanish speaking lady and was represented by her
daughter, Blanca, who explained to the committee that her mother was not
realizing any profits from her rental property at 1201 South Swinton Avenue
because of mortgage payments.
Because of the extreme hardships incurred by Mrs. Moreda, including the death
of her son, the collapse of their family business and loss of income, the death of
her husband, her serious heart condition and related medical expenses and the
frequent illegal dumping which occurred on her property, the committee voted
unanimously to recommend writing off all liens on the properties. This will allow
the Moreda's to do something productive with the properties.
®P~e2
Customer 88
Customer 202
Ethel J. Mackey
Mrs. Mackey has been deceased since 1975. Mrs. Mackey died intestate and
upon her death, her daughter, Shirley Wallace, assumed property maintenance
responsibilities. Ms Wallace was elderly at the time her mother passed away,
on a fixed income, and unable to maintain the properties on a long-term basis.
In fact, Ms. Wallace is now in the mid 80's and suffering from dementia.
The City has liens totaling $7615 (out of pocket costs are about $2900) for 26
nuisance abatements and one demolition at three properties owned by the late
Ethel Mackey. The properties, all vacant lots, are located on SW Fifth Avenue,
SW Fourth Avenue and NW Ninth Avenue. Because the family does not have
funds to pay property taxes, all three properties are in serious property tax
"trouble." The property on SW Fifth Avenue is currently on the "Lands Available
List."
Last week, Mrs. Ethel Mackey's granddaughter, Veronica Mackey, visited the
Code Enforcement Administrator's office to learn more about her grandmother's
properties. Veronica indicated that the Mackey family is not a close knit group
and she only recently leamed of her grandmother's properties from another
family member.
Veronica Mackey appeared before the committee to explain the circumstances
conceming her grandmother and Shirley Wallace. She also explained that she
was considering "rescuing" the properties from their tax problems but because
of the magnitude of City liens, it would not be realistic to do so.
Based on the hardships reported, specifically, that the property owner has been
deceased for years, that the family member who assumed maintenance
responsibilities is now elderly, ill, and, in any event, lacks financial resources,
and that the family could not even afford to pay property taxes, the committee
voted unanimously to recommend wnting off the entire balance due so that it
would be financially feasible for the late property owner's granddaughter to
acquire the properties. The balances would be written off only if Veronica
Mackey fumished proof that she acquired the properties within six months.
Evelyn Clinton
Ms. Clinton owns a vacant lot in the 100 block of SW Tenth Avenue. There are
23 nuisance abatement hens totaling $3823 ($932 out of pocket) filed against
this property.
The Code Enforcement Administrator interviewed Ms. Clinton's mother to try to
determine the history of the property and property owner.
Evelyn Clinton suffered a head injury when she was two years old. The injury
was the result of an accident and seemed to heal without any immediate
complications.
Eventually, Ms. Clinton began to suffer severe seizures. Despite being treated
by a variety of doctors and medications, the seizures persisted. Doctors
theorized that Ms. Clinton's head injury is the root cause of the seizures she
currently suffers from. However, a cure for the problem has not been found.
· Page 3
Customer 96
Although Ms. Clinton has held jobs, the seizures always led to problems and,
eventually, loss of employment. The seizures also cost Ms. Clinton her
marriage and she is now a single parent raising a granddaughter
Ms. Clinton is currently enrolled in a clinic specializing in seizures. She can no
longer work and has applied for Social Security disability payments. Most of her
belongings are currently stored at her mother's house. Her mother is helping
her w~th lodging and caring for her young child.
Although Evelyn Clinton can not afford to maintain the property in question, the
family has pooled resources to pay property taxes so that the property would not
be lost to a tax deed sale.
Based on the unfortunate and severe hardships that have befallen Evelyn
Clinton, the committee unanimously voted to recommend writing off the balance
due. Evelyn's mother has promised to help her maintain the vacant lot in the
future so that there will be no recurrences of City liens.
Francine Clinton
The City has four liens for nuisance abatements (two in 1986, one each in 1990
and 1992) and one lien for an abandoned vehicle removal (in 2000) filed against
property at 125-135, 137-139 and 141-143 SW 14t~ Avenue. The out of pocket
costs are about $274. A hen for a demohtion is also filed against 628 SW Fourth
Street with an original out of pocket expense of $2144.
Mrs. Clinton was interviewed by the Code Enforcement Administrator at her
residence at 605 SW Fifth Avenue. Unfortunately, Mrs. Clinton, now 78, has
suffered health problems and is no longer able to walk.
Mrs. Clinton and her former husband raised twelve children. Mr. Clinton
operated a gas station in the area. Mrs. Clinton was in the domestic home care
business.
The Clinton's invested some of their savings in real estate. Unfortunately, the
investment on SW 14th Avenue has not fared well. The Clinton's have had
considerable difficulty keeping good tenants due to crime and drug problems in
the vicinity. With unsteady rental income, the Clinton's quickly used up their
sawngs raising their children. Ultimately, the Clintons divorced.
Mrs Clinton planned to refurbish the building that the City demolished at 628
SW Fourth Street. A permit for interior alterations was approved in October
1989 However, the permit expired and the City began condemnation
proceedings in October 1990 since the building was gutted (no roof, doors,
windows, interior missing, etc.). After several meetings with the Clintons, the
City proceeded with demolition on August 13, 1991.
Lack of money, family responsibilities and medical problems have prevented
Mrs. Clinton from doing more with her properties. Two of her children, Tony and
Evelyn, have severe medical problems. Tony is on dialysis as a result of kidney
failure and Evelyn suffers from seizures (see above). Mrs. Clinton has had her
own health problems as noted above.
· Page 4
The family has pooled their resources to pay property taxes so that the property
would stay in the family and not be lost through the tax deed process. However,
even by pooling resources, the property at 628 SW Fourth Street is in sedous
tax "trouble" with Palm Beach County in the process of applying for a tax deed.
This was brought to Mrs. Clinton's attention so that she could contact her family
to determine if they could raise the proceeds.
Because of the severe hardships encountered by Mrs. Clinton, family, medical
and financial, the committee unanimously recommended that above liens be
written off entirely. Mrs. Clinton would like to keep the properties in the family for
her children and grandchildren.
RECOMMENDATION:
Staff is recommending City Commission approval of the committee's recommendations.
LB:mh
· Page 5
Date:
Agenda Item No. ~ ~
AGENDA REQUEST
Agenda request to be placed on:
Regular __ Special
When:
Description of Agenda Item:
Ordinance/Resolution Required:
Recommendation: ~
__ Workshop [,~onsent
Yes/~) Draft Attached: Yes / No
Department Head Signature: C~X ~ ~~"~
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Altematives:
Account # & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda: ~/No ~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
1/17/96
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
TO:
FROM:
N D U M
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Director~
SUBJECT: UTILITY SERVICE AREA ENCROACHMENT
DATE: June 13, 2001
www delrayesd, com
It has been brought to our attention in the past week that the residents of Country Club Acres on the west
side of Military Trail have had success lobbying their Palm Beach County Commissioner to provide
potable water to the subdivision through main extensions by County water utilities. County Water Utihties
staff attended a neighborhood meeting Monday, June 11, to explain the process to the residents (notice
attached). The object, ye of the neighborhood appears to be obtmnmg potable water service w~thout the
requirement to annex to the City.
As you are aware, the Country Club Acres subdivision is in the City's planning area. It is also in the City's
utility servme area as defined by the City's approved Comprehensive Plan. I spoke with the County
Utihties Director, Mr. Gary Demlan, regarding this issue on June 11. Mr. Dernlan advised me that the
response to the Country Club Acres neighborhood by County Utihtles is a result of direction from County
Commissioner Burt Aaronson. The County is taking the posit~on that Country Club Acres represents a
neighborhood of county residents requesting potable water service, and they should not be required to
annex to an adjacent municipality to obtain that service. While this region is designated as Delray Beach
utility service area by wrme of our comprehensive plan, there exists no formal agreement between the City
and the County establishing a common utihty servme area boundary. Mr. Dernlan emphasized the idea that
the County was not attempting to expand its customer base through this activity. The residents have been
persistent in their pursmt of this option with their elected County Commissioner.
To date, the County has made no decision regarding their provision of potable water service to Country
Club Acres. They are exploring options which include a continued ~nformal recognition of the area as
Delray's utility service area, negotiating an agreement with Delray to provide service without annexation
requirements, and proceeding w~th their own assessment project to to provide water service to the area.
They are also awaiting and will consider input from the City predicated on my latest conversation with Mr.
Dernlan.
Due to the need for expedient response to the County, I would appreciate this ~ssue being placed on the
agenda for discussion at the June 19 regular commission meeting.
/rch
c: Paul Dorling, Planning & Zoning Director
Country Club Acres
News
Welcome all new
residents to Country Club Acres. We
are a self maintained community~,,.~,,
approximately 450 homes, common
areas, playground, and a clubhouse. All
maintenance and repairs are done by
volunteers or paid for by donations and
voluntary maintenance fees by
homeowners. We ask for a yearly
donation of $25.00 from each resident
to pay for hedge trimming, clubhouse
insurance, and landscaping. We have
monthly meetings to discuss
community issues and all residents ~
encouraged to attend.
Monthly Meetings- Country Club
Acres monthly meeting will be
changing to second Monday of each
month. Members are attending county
meetings and they are held on the first
Monday of each month. This extra
week will give time to prepare any new
information for monthly C.C.A.
meeting. The sign will be posted at the
front entrance prior to each meeting.
Special Thanks-Goes out to all who
have worked to improve our
community. From community cleanups
to painting of the clubhouse. All the
hours of hard work has beatified our
neighborhood.
Water-Water-Water-Water!!!
Palm Beach County is now
interested in bringing water into
Country Club Acres. Bilal Mujahio
from Palm Beach County Water &
Utilities will be at next months meeting
(Monday, June 11). He will be here to
answer questions on fees and impact it
will have on residents homes and
neighborhood. All homeowners are
recommended to attend. These actions
could possibly block annexation by the
city of Delray. There are also programs
to help low income homeowners that
would assist or pay total cost of
bringing water to their home. You can
contact Bilal Mujahio at Palm Beach
Water & Utilities during normal
business hours at (561 ) 641-3466.
Park Regulations- Park hours are
posted on the club house. The park is
open from dusk until dawn. Other than
clubhouse use there is no reason to be
there after dark. When using the park
facilities please put all garbage into
proper containers. Parents need to talk
to their kids about vandalism to the
clubhouse and common areas. There is
damage to the roof of the clubhouse
from youth climbing on it and (over)
WEST
ATLANTIC
A v
(S
8o6)
LOWSON
CANAL
BOULEVARD
T
L ~35
BOULEVARD
I
Illl CITY LIMITS I
I
I I I IPLANNING AREA
LIN ON BOULEVARD
AGREEMENT AND GENERAL RELEASE
THIS AGREEMENT AND GENERAL RELEASE, is made this ~ day of
, 200_ by and between the CITY OF DELRAY BEACH, FLORIDA
(" City' ) and
("Owner").
WITNESSETH:
WHEREAS, Owner warrants that he/she owns certain property located within the
limits of the City and located at the following address:
; and
WHEREAS, The Fire Department of the City desires to use the building lqcated on
said property for the purposes of training; and
WHEREAS, Owner permits the City to use the building for appropriate training
exercises which may include the use of smoke and fire.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. Owner agrees to allow the City to enter onto the property referred to herein for
fire rescue training exercises after execution of the Agreement.
'3. As part of the training exercises, the participants will use equipment which will
cause damage to bearing walls, doors, ceilings, lighting fixtures, and other interior features.
The participants will use saws, cutters, pry bars, hammers, and a power spreader in order to
gain access through interior doors and walls. At the conclusion of the training exercise, the
City may burn the structure down as much as possible.
4. Owner acknowledges that the City shall assume no responsibility for said land
or structures. Owner is still responsible for costs associated with demolition of structure and
?emoval of debri.
5. Prior to conducting training exercises, City, or its designated representative,
the areas of the property which will be used in the training
shall review with Owner,
exercises.
6.
The City shall be responsible for any injuries to its employees occurring during
activities in the course and scope of their employment while performing training activities on
the property referred to herein and for any damage to any property owned by the C[t3,: The
City shall also be responsible for its own negligence, and shall defend and indemnify the
Owner from all claims, suits, causes of action or any claim whatsoever made arising from the
City's negligence, to the extent permitted by law. Nothing in this paragraph is considered a
waiver of sovereign immunity by the City.
7. No prior or present agreements or representations shall be binding upon any of
the parties hereto unless incorporated in this Agreement. No modification or change in the
Agreement shall be valid or binding upon the parties unless in writing, executed by the parties
to be bound thereby.
8. This Agreement is governed by the laws of the State of Florida and venue is in
Palm Beach County.
IN WITNESS WHEREOF, the City has caused these presents to be executed in its
name by its Mayor, and attested and its official seal to be hereunto affixed by its City Clerk,
and Owner has hereunto set its hand and seal the day and year first above written.
ATTEST:
By:
City Clerk
Approved as to Form and
Legal Sufficiency:
By:
City Attorney
WITNESSES:
CITY OF DELRAY BEACH, FLORIDA
By:
City Manager
OWNER
By:
Print Name
Print Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,200__, by (name of person
acknowledging).
Signature of Notary Public - State of Florida
Print, Type, or Stamp Commissioned Name
of Notary Public
Personally Known OR Produced Identification
Type of Identification Produced:
3
[ITY JIF I]ELAI:IY BEACH
CiTY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line 561/243-7091
Ail. America Ci~
1993
DATE:
TO:
FROM:
June 12, 2001
City Commission
David Harden, City M.~.~.ager
Brian Shutt, Assistant City Attorney
SUBJECT: Form Agreement Regarding Use of Structures for Fire Training
The Fire Department wishes to have the ability to use structures in the City, that the
owner intends to demolish, for training purposes. The attached form agreement provides
that the City shall be responsible for any damage or injury caused to its employees or
property or to other persons or entities as a result of the City's use of the property for
fire training purposes.
By approving the form of this Agreement, the City Manager may execute this Agreement
in the future when such issues arise. In most cases the Fire Department does not become
aware of the planned demolition of a building until the last minute and there is very little
time in which to try to perform training in the structure. By allowing the City Manager
to execute the agreement, this will expedite this process.
Please place this item on the June 19, 2001 City Commission agenda.
Please call if you have any questions.
CC:
Barbara Garito, Acting City Clerk
Chief Koen, Fire Dept.
AGREEMENT AND GENERAL RELEASE
THIS AGREEMENT AND GENERAL RELEASE, is made this __ day of
, 200_ by and between the CITY OF DELRAY BEACH, FLORIDA
(" City") and ("Owner").
WITNESSETH:
WHEREAS, Owner warrants that he/she owns certain property located within the
limits of the City and located at the following address:
; and
WHEREAS, The Fire Department of the City desires to use the building located on
said property for the purposes of training; and
WHEREAS, Owner permits the City to use the building for appropriate training
exercises which may include the use of smoke and fire.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the
date set forth above, the parties hereby agree as follows:
1. The recitations set forth above are incorporated herein.
2. Owner agrees to allow the City to enter onto the property referred to herein for
fire rescue training exercises after execution of the Agreement.
3. As part of the training exercises, the participants will use equipment which will
cause damage to bearing walls, doors, ceilings, lighting fixtures, and other interior features.
The participants will use saws, cutters, pry bars, hammers, and a power spreader in order to
gain access through interior doors and walls. At the conclusion of the training exercise, the
City may burn the structure down as much as possible.
4. Owner acknowledges that the City shall assume no responsibility for said land
or structures. Owner is responsible for costs associated with clean-up and removal of all
debris created by training exercises.
5. Prior to conducting training exercises, City, or its designated representative,
the areas of the property which will be used in the training
shall review with Owner,
exercises.
6.
The City shall be responsible for any injuries to its employees occurring during
activities in the course and scope of their employment while performing training activities on
the property referred to herein and for any damage to any property owned by the City. The
City shall also be responsible for its own negligence, and shall defend and indemnify the
Owner from all claims, suits, causes of action or any claim whatsoever made arising from the
City's negligence, to the extent permitted by law. Nothing in this paragraph is considered a
waiver of sovereign immunity by the City.
7. No prior or present agreements or representations shall be binding upon any of
the parties hereto unless incorporated in this Agreement. No modification or change in the
Agreement shall be valid or binding upon the parties unless in writing, executed by the parties
to be bound thereby.
8. This Agreement is governed by the laws of the State of Florida and venue is in
Palm Beach County.
2
IN WITNESS WHEREOF, the City has caused these presents to be executed in its
name by its Mayor, and attested and its official seal to be hereunto affixed by its City Clerk,
and Owner has hereunto set its hand and seal the day and year first above written.
ATTEST:
By:
City Clerk
Approved as to Form and
Legal Sufficiency:
By:
City Attorney
WITNESSES:
Print Name
Print Name
CITY OF DELRAY BEACH, FLORIDA
By:
City Manager
OWNER
By:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this __ day of
,200__, by (name of person
acknowledging).
Signature of Notary Public - State of Florida
Print, Type, or Stamp Commissioned Name
of Notary Public
Personally Known OR Produced Identification
Type of Identification Produced:
3
[ITY OF DELRI:IY BEI:II:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Aa-AmeacaCny
1993
DATE: June 12, 2001
MEMORANDUM
Writer's Direct Line: (561) 243-7090
TO:
FROM:
SUBJECT:
City Commission
David T. Harden, City Manager
J/~q~is it~no nbe~, ~sis~t B~i~)~irn~r
Avenue
Memorial Park; N.W. 15~h
Attached please find a resolution adopting a contract for sale and purchase of the
above-referenced property. Acquisition of this property was requested by the
Engineering Department and the property will ultimately be utilized for drainage
retention purposes. The sale price is US$15,597 which includes attorneys fees and costs
incurred by the Norman Rufus estate in the transaction.
Please call if you have any questions. By copy of this memorandum to the City
Manager, our office requests that this item be placed on the agenda for the June 19, 2001
City Commission meeting.
Attachment
CC:
Barbara Garito, Acting City Clerk
Randal Krejcarek, City Engineer
Michael Brown, Esq.
RESOLUTION NO. 41-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE CERTAIN REAL PROPERTY IN THE CITY OF DELRAY
BEACH, WHICH PROPERTY IS LOCATED AT LOT 14, BLOCK B,
CARVER MEMORIAL PARK AS MORE PARTICULARLY
DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT
FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY
BEACH AND THE NORMAN RUFUS ESTATE.
WHEREAS, the City of Delray Beach, Florida desires to acquire Lot 14, Block B, Carver Memorial
Park, for drainage retention purposes; and,
WHEREAS, it is in the public interest to purchase the property described above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida hereby agrees to
enter into a contract with the Norman Rufus Estate in order to acquire Lot 14, Block B, Carver Memorial
Park, as recorded in Plat Book 20, Page 56 of the Public Records of Palm Beach County, Florida for the
amount of fifteen thousand five hundred ninety-seven dollars and 00 cents (USS 15,597.00).
Section 2. That the terms and conditions contained in the aforementioned contract for the
acquisition and purchase of the real property described above are hereby incorporated herein as Exhibit "A"
and can be further reviewed in the office of the City Clerk, 100 N.W. 1st Avenue, Delray Beach, Florida.
PASSED AND ADOPTED in regular session on this the ~ day of June, 2001.
ATTEST:
City Clerk
MAYOR
CONTRACT FOR SALE AND PURCHASE
NORMAN RUFUS ESTATE ("Seller"), and CITY OF DELRAY BEACH, a Florida
municipal corporation, ("Buyer"), hereby agree that the Buyer shall purchase the following
real property ("Real Property") upon the following terms and conditions:
I. DESCRIPTION:
Lot 14, Block B, Carver Memorial Park, according to the plat or map thereof recorded
in Plat Book 20, page 56, of the Public Records of Palm Beach County, Florida.
II. PURCHASE PRICE .............................. US$15,597.
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in wriung between the
parties on or before June 26, 2001 any deposit(s) will, at Buyer's option, be returned to Buyer
and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when
the last one of the Buyer and the Seller has signed this offer.
IV. TITLE EVIDENCE: At least one (1) week before closing date, Buyer shall obtain a
title insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered within sixty (60) days from the date of execution unless extended by other
provisions of this Contract. The sixty (60) day period shall be hereinafter referred to in this
contract as the "Inspection Period."
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to Real Property lines and
not more than 10 feet in width as to the rear or front lines and 7 i/2 feet in width as to the side
lines, unless otherwise specified herein); taxes for year of closing and subsequent years;
assumed mortgages and purchase money mortgages, if any; provided, that there exists at
closing no violation of the foregoing and none of them prevents the use of Real Property for
residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than
Seller, but if Real Property is intended to be rented or occupied beyond closing, the fact and
terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to
Standard D. Seller agrees to deliver occupancy of Real Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk
of loss to Real Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Real Property in their
EXHIBIT "A"
maintenance from that date, and shall be deemed to have accepted Real Property in their
existing condition as of time of taking occupancy unless otherwise stated herein or m a
separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
X. ENVIRONMENTAL ASSESSMENT AND OTHER INSPECTIONS: During the
inspection period as set forth in Paragraph V above, Buyer and its engineers, surveyors,
agents and representatives shall have access to the Real Property upon reasonable notice for
purposes of survey, testing and inspection thereof, including the performance of a Phase I site
assessment, or its equivalent, and any other environmental assessments or inspections that the
Buyer in its discretion desires to perform. All surveys, testing and inspections shall be
conducted by Buyer at its expense, and shall be performed by licensed persons of firms
dealing in the respective areas tested. In the event that Buyer requires further inspection time
hereunder for any reason, Buyer may provide written notice to Seller of such fact and the
inspection period may be extended once and only once by sixty (60) days from the end of the
initial inspection period. In the event that such inspections shall reveal a deficiency in the Real
Property, as determined by Buyer in its sole and absolute discretion, Buyer shall have the right
to terminate this Agreement at any time during the inspection period (either initial or extended)
by giving notice thereof to Seller, whereupon the parties shall be relieved of all further
obligation hereunder.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida
licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an
owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to
real property, subject only to liens, encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or before closing. Seller shall
convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set
forth in this agreement and those which shall be discharged by Seller at or before closing.
Marketable title shall be determined according to applicable title standards adopted by
authority of The Florida Bar and in accordance with law. If title is found defective, Buyer
shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable,
Seller will have one hundred twenty (120) days from receipt of notice within which to remove
the defect(s), failing which Buyer shall have the option of either accepting the title as it then is
or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer;
-2-
thereupon Buyer and Seller shall release one another of all further obligations under the
agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in
title within the time provided therefor, including the bringing of necessary suits.
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence
of title and to examine same, may have real property surveyed and certified by a registered
Florida surveyor. If survey shows encroachment on real property or that improvements
located on real property encroach on setback lines, easements, lands of others, or violate any
restrictions, agreement covenants or applicable governmental regulation, the same shall
constitute a title defect.
C. Ingress and Egress: Seller warrants and represents that there is ingress
and egress to the real property sufficient for the intended use as described herein, title to
which is in accordance with Standard A.
D. Leases: If applicable, Seller shall, not less than fifteen (15) days before
closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant
specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and
security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the
same information shall be furnished by Seller to Buyer within that time period in the form of a
Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information.
Seller shall, at closing, deliver and assign all original leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit
attesting to the absence, unless otherwise provided for herein, of any financing statements,
claims of lien or potential lienors known to Seller and further attesting that there have been no
improvements or repairs to Real Property for ninety (90) days immediately preceding date of
closing. If Real Property has been improved, or repaired within that time, Seller shall deliver
releases or waivers of mechanics' liens executed by all general contractors, subcontractors,
suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all
such general contractors, subcontractors, suppliers and materialmen and further affirming that
all charges for improvements or repairs which could serve as a basis for a mechanic's line or a
claim for damages have been paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the county where real
property is located, at the office of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of
less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national
legal holidays, and any time period provided for herein which shall end on Saturday, Sunday
or legal holiday shall extend to 5:00 p.m. of the next business day.
-3-
II'. Documents for Closing: Seller shall furnish deed, bill of sale,
mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and
corrective instruments, closing statement, mortgage, mortgage note, security agreement, and
financial statements.
I. Expenses: Documentary stamps on the warranty deed and recording
corrective instruments shall be paid by Seller. Recording warranty deed shall be paid by
Buyer.
J. Prorations; credits: Taxes, assessments, rent, interest, insurance and
other expenses and revenue of Real Property shall be prorated through day before closing.
Buyer shall have the option to taking o~er any existing policies of insurance, if assumable, in
which event premiums shall be prorated. Cash at closing shall be increased or decreased as
may be required by prorations. Prorations will be made through day prior to occupancy if
occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer
and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated
based on the current year's tax with due allowance made tbr maximum allowable discount,
homestead and other exemptions. If closing occurs at a date when the current year's milage is
not fixed, and current year's assessments is available, taxes will be prorated based upon such
assessment and the prior year's milage. If current year's assessment is not available, then
taxes will be prorated on the prior year's tax. If there are completed improvements on real
property by January 1st of year of closing which improvements were not in existence on
January 1st of the prior year then taxes shall be prorated based upon the prior year's milage
and at an equitable assessment to be agreed upon between the parties, tailing which, request
will be made to the County Property Appraiser for an informal assessment taking into
consideration available exemptions. Any tax proration based on an estimate may, at request of
either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a
statement to that effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed and ratified special
assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller.
Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been
substantially completed as of Effective Date, such pending lien shall be considered as certified,
confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body.
L. Inspection~ Repair and Maintenance: Seller warrants that, as of ten
(10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and
interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the
septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and
machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having
inspections made of those items by an appropriately Florida licensed person dealing in the
construction, repair or maintenance of those items and shall report in writing to Seller such
-4-
items that do not meet the above standards as to defects together with the cost of correcting
them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever
occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have
waived Seller's warranties as to detects not reported. If repairs or replacement are required,
Seller shall pay up to three percent (3 %) of the purchase price for such repairs or replacements
by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or
replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to
pay such excess, failing which either party may cancel this agreement. If Seller is unable to
correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller
will, upon reasonable notice, provide utilities service for inspections. Between the effective
date and the closing, Seller shall maintain Real Property including but not limited to the lawn
and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer
shall be permitted access for inspection of Real Property prior to closing in order to confirm
compliance with this standard.
M. Risk of Loss: If the Real Property is damaged by fire or other casualty
before closing and cost of restoration does not exceed the purchase price of the Real Property
so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed
pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of
the restoration exceeds three percent (3%) of the assessed valuation of the improvements so
damaged, Buyer shall have the option of either taking Real Property as is, together with either
the three percent (3 %) or any insurance proceeds payable by virtue of such loss or damage, or
of cancelling the agreement and receiving return of deposit(s).
N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is
authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow
and, subject to clearance, disburse them in accordance with terms and conditions of
agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as
to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's
option, continue to hold the subject matter of the escrow until the parties mutually agree to its
disbursement, or until a judgment of a court of competent jurisdiction shall determine the
rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction
of the dispute. Upon notifying all parties concerned of such action, all liability on the part of
Agent shall fully terminate, except to the extent of accounting for any items previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of
Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is
made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads
the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs
incurred with the fees and costs to be charged and assessed as court costs in favor of the
prevailing party. Parties agree that Agent shall not be liable to any party or person for
misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due
to willful breach of contract or gross negligence of Agent.
-5-
O~ Failure of Performance: If Buyer fails to perform this Contract within
the time specified Seller shall be relieved of all obligations under Contract. If, for any reason
other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails,
neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect
to receive the return of Buyer's deposit(s) without thereby waiving any action for damages
resulting from Seller's breach.
P. Agreement Not Recordable; Persons Bound; Notice: Neither this
agreement nor any notice of it shall be recorded in any public records. This agreement shall
bind and inure to the benefit of the parties and their successors in interest. Whenever the
context permits, singular shall include plural and one gender shall include all. Notice given by
or to the attorney for any party shall be as effective as if given by or to that party.
Q. Conveyance: Seller shall convey the Real Property by way of Warranty
Deed subject to an easement for any utilities that may exist and lie on the Real Property.
R. Other Agreements: No prior or present agreements or representations
shall be binding upon Buyer or Seller unless included in this Contract. No modification or
change in this Contract shall be valid or binding upon the parties unless in writing and
executed by the party or parties intended to be bound by it.
S. Warranties: Seller warrants that there are no facts known to Seller
materially affecting the value of the real property which are not readily observable by Buyer or
which have not been disclosed to Buyer.
BUYER: SELLER:
City of Delray Beach
Norman Rufus Estate
By: By:
David Schmidt, Mayor
ATTEST:
ATTEST:
City Clerk
Approved as to Form:
Print Name
City Attorney
-6-
~ LAKE IDA ROAD
LAKE IDA ROAD
CHURCH
OF
LEE ST. '~- ·
.~, < S.D. SPADY
z ~ ~ SCHOOL
~ PROSPECT ST
N.W. ~ 3RD ST.
~ ~ ~ --~ N W 5RD
ST
POMPEY
PARK
N W 2ND ST MARTIN LUTHER KING JR. DRIVE
~ N W m 1ST ST
ATLANTIC AVENUE
N
~ PROPER~ GONT~GT OF SALE & PURGHASE
CITY OF DELRAY BEACH. FL LOT 14, BLOCK B OF CARVER MEMORIAL PARK
PLANNING ~ Z~ING DEPAR~ENT
-- D/G/~A& ~SE ~P S~M -- ~ REF: LM527
I
I
I
I I
Boc~ WDMmy Mch Nms- ~md~y, W~ ?, 2001 21
100
ANNOUNCEMENTS
LEGAL NOTICES
~lty of Delray Beach, Ror~da,
announoes ~ ~nte~on to lxxctase ~
Lot 14, Bloc~ g, Can~' ~monal Park,
~ahons, and olher fllat~e~ of record for
~ ~rchase price o~ US $15,59700
a~ ofner good and v'ak~ conr~r-
prope~ and on the tm~s afld cond~
pons set fo~lh above, wdl be cofls~d-
s~ofl a~ a ~ular mselgnO to be held at
6 00 p~n on Tuesday, June 19, 2001
CffY OF DELRAY BEACH, R.ORIDA
Barbara 6anto
Aclmg Cay Cerk
Publ~h June 7 & 13, 2001
rlTY I)F I)ELRI:IY BEI:I£H
CITY ATTORNEY'S OFFICE
Aa-mC~ty
1993
DATE:
TO:
FROM:
SUBJECT:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line (561) 243-7090
MEMORANDUM
June 4, 2001
Barbara Garito, Acting City Clerk
Jay T. Jambeck, Assistant City Attome~
Notice of Intent to Purchase Lot 14, Bld~ B, Carver Memorial Park
Attached is a Notice of Intent to Purchase a Lot to be published in the News on
June 6 and 13 of 2001.
The resolution and contract for sale and purchase, to be acted on by the
Commission, will be sent over next week to be placed on the agenda for the June 19,
2001 City Commission meeting.
Please do not hesitate to contact me if you should have any questions.
Attachment
RECEIVED
CITY CLERK
NOTICE OF INTENT TO PURCHASE REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its
intention to purchase the following real property:
Lot 14, Block B, Carver Memorial Park, according to the Plat thereof recorded
in Plat Book 20, page 56, of the Public Records of Palm Beach County,
Florida.
Subject to easements, restrictions, limitations, and other matters of record for
the purchase price of US$15,597.00, and other good and valuable
consideration. A Resolution of the City Commission of the City of Delray
Beach, Florida authorizing the purchase of property and on the terms and
conditions set forth above, will be considered for adoption by the City
Commission at a regular meeting to be held at 6:00 p.m. on Tuesday, June 19,
2001.
Further information, as available, may be obtained from the City Manager's
Office.
Publish: The News
June 6, 2001
June 13, 2001
CITY OF DELRAY BEACH, FLORIDA
Barbara Garito
Acting City Clerk
I:ITY OF DELRRY BERI:H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
Ali. America City
1993
DATE:
TO:
FROM:
June 15, 2001
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT:
Election on Collection of Permit Fees from Communications Companies
and the Setting of the Communications Services Tax Conversion Rate
As a result of the passage of the simplified communications services tax bill,
municipalities may elect to collect or not collect permit fees from communications
companies that use municipal rights-of-way. If a municipality chooses to collect permit
fees from communications companies, Florida Statutes have provided that the maximum
amount that may be charged per company is $100.00. However, if a municipality elects
not to collect permit fees, the municipality may increase its local communications
services tax rate by 0.12 %.
The attached resolution confn'ms the City's election to not charge permit fees and to
increase its communications services tax conversion rate in order to minimize the fiscal
impact to the City due to the passage of the simplified communications services tax bill.
We have until July 16, 2001 to send written notice to the Department of Revenue
evidencing our selection and the setting of the tax rate. Please place this on the June 19,
2001 City Commission agenda.
Please call if you have any questions.
CC:
Barbara Garito, Acting City Clerk
Becky O'Connor, Treasurer
RESOLUTION NO. 42-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ELECTING TO INCREASE THE LOCAL
COMMUNICATIONS SERVICES TAX CONVERSION RATE TO
MINIMIZE FISCAL IMPACT TO THE CITY DUE TO PASSAGE OF
COMMUNICATIONS SERVICES TAX SIMPLIFICATION LAW;
ELECTING TO INCREASE THE TOTAL RATE FOR THE LOCAL
COMMUNICATIONS SERVICES TAX BY 0.12 PERCENT IN LIEU OF
IMPOSING PERMIT FEES ON COMMUNICATIONS SERVICE
PROVIDERS DESIRING TO OCCUPY CITY RIGHTS-OF-WAY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 2000-260, Laws of Florida, as amended by Chapter
2001-140, Laws of Florida (hereinafter "Communications Services Tax Simplification Law"),
restructures and consolidates all taxes imposed upon communications services; and
WHEREAS, as allowed by the Communications Services Tax Simplification
Law, the City of Delray Beach desires to adopt a rate for the local communications services
tax ("CST") to be distributed to the City of Delray Beach from the State of Florida
Department of Revenue in order to minimize the fiscal impact to the City due to passage of
this state law; and
WHEREAS, the Communications Services Tax Simplification Law requires
local governments to inform the State of Florida Department of Revenue of its adoption of
a CST rate by certified mail no later than July 16, 2001 for it to take effect on October 1,
2001; and
WHEREAS, the Communications Services Tax Simplification Law requires
local governments to elect either to increase the total rate for the local CST by the permit
fee add-on-of 0.12 percent, or to impose a permit fee which cannot exceed $100.00 per
permit application; and
WHEREAS, the Communications Services Tax Simplification Law requires
local governments to inform the State of Florida Department of Revenue of this election by
certified mail no later than July 16, 2001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Resolution.
The Recitals set forth above are true and correct and form a part of this
Section 2. Pursuant to Section 202.20, Florida Statutes, as amended by Chapter 2001-
140, Laws of Florida, the City Commission of the City of Delray Beach, Florida, hereby elects to
adopt a 5.4 percent rate as the City's local CST for the period of October 1, 2001, through
September 30, 2002.
Section 3. Pursuant to Section 202.20, Florida Statutes, as amended by Chapter 2001-
140, Laws of Florida, the City Commission of the City of Delray Beach, Florida, hereby further
elects to establish the City's annualized CST rate at 5.1 percent beginning October 1, 2002.
Section 4. The rates set forth in paragraphs 2 and 3 do not include the 0.12 percent
permit fee add-on allowed by Section 337.401, Florida Statutes, and established in paragraph
five of this Resolution below.
Section 5. Pursuant to Section 337.401, Florida Statutes, the City Commission of the
City of Delray Beach, Florida, hereby elects to increase the total rate for the local CST by 0.12
percent in lieu of imposing permit fees on communications service providers desiring to occupy
City rights-of-way.
Section 6. In the aggregate, the first year CST rate 5.52 percent, to be effective
October 1, 2001, through September 30, 2002. In the aggregate, the annualized CST rate is
5.22 percent to be effective October 1, 2002 and thereafter, unless changed by action of the City
Commission.
Section 7. The City of Delray Beach directs that notice of the above elections be
provided to the Department of Revenue by certified mail by July 16, 2001.
Section 8. If any section, subsection, sentence, clause, or provision of this Resolution is
held ur~constitutional, inoperative, or void by a court of competent jurisdiction, such holding shall
not affect the remainder of this Resolution.
Section 9. The provisions of this Resolution shall become effective upon approval
by the City Commission of the City of Delray Beach.
PASSED AND ADOPTED in regular session on the __
day of
., 2001.
ATTEST
City Clerk
MAYOR
2 RES. NO. 42-01
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # q..~ - REGUI_aMR MEETING OF IUNE 19, 2001
CONTRACT CANCELLATION/AWARD EMERGENCY CONTRACT/
CORPORATE CONNECTION SOVEREIGN COACH TOURS
DATE: JUNE 15, 2001
This is before the City Commission for authorization to cancel the contract award to OK Tours, Inc.
for bus rental and driver services for summer camp, football program, and holiday camp. On
September 7, 2000, Commission awarded a one-year contract to OK Tours, Inc. term ending
September 30, 2001. However, on June 7, 2001 the City was notified that the company was closing
operation effective immediately. Our Summer Camp was beginning June 11, 2001, therefore Parks
requested emergency quotes from area carriers. Corporate Connection Sovereign Coach Tours was
the only valid quote to meet specifications, which resuked in an emergency purchase order.
Also requested is award of an emergency contract to Corporate Connection Sovereign Coach Tours
in the total amount of $49,465 for the term of June 11, 2001 to October 1, 2001. This will give
Purchasing time to re-bid the bus rental and driver service for Parks and Recreation.
Funding is available in the amount of $37,440 from 001-4106-527-44.90 (Summer Camp/Other
Rental); $2,080 from 001-4121-572-44.90 (Athletics & Special Events/Other Rental); $3,250 from
001-4105-572-44.90 (After School Program/Other Rental); and $6,695 from 115-4912-572-55.30
(Special Projects/Football).
Recommend cancellation of the contract with OK Tours, Inc. and award of bid to Corporate
Connection Sovereign Coach Tours.
Ref:Agmemo 14 CancelCont actAwardEmergencyContractCorpConnection.06.19.01
MEMORANDUM
TO:
FROM:
THROUGH:
David Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph Safford, Finance Director
DATE:
June 14, 2001
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
JUNE 19, 2001 - CANCELLATION OF CONTRACT
WITH OK TOURS, INC. FOR BID #2000-45 FOR
BUS RENTAL AND DRIVER SERVICE FOR PARKS
AND RECREATION
Item Before Commission:
City Commission is requested to cancel contract award to OK Tours, Inc. for Bus Rental and
Driver Services for Parks and Recreation for summer camp, football program, and holiday camp
and approve a emergency contract with Corporate Connection Sovereign Coach Tours.
Background:
City Commission at their meeting of September 07, 2000, awarded Bid #2001-54, Bus Rental
and Driver Service for Parks and Recreation to OK Tours, Inc. for the term of October 01, 2000
to September 30, 2001. OK Tours Inc., on June 07, 2001 notified the City that it is closing its
operation effective immediately.
Parks and Recreation Department immediately requested emergency quotes from nine
companies. An emergency purchase order was placed with the low bidder, Corporate Connection
Sovereign Coach Tours for the amount of $14,300 as summer camp was scheduled to start on
June 11, 2001.
Parks and Recreation is requesting a change order increase of this purchase order to $49,465 for a
emergency contract from June 11, to October 01,2001 in order to give Purchasing time to m-bid
this contract. See attached memo dated June 12, 2001, from Director of Parks and Recreation.
Recommendation:
Staff recommends the cancellation of the contract with OK Tours Inc. and an emergency contract
with Corporate Connection Sovereign Coach Tours for a total amount of $49,465. Funding from
account codes 001-4106-572-44.90 ($37,440), 001-4121-572-44.90 ($2,080), 001-4105-572-
44.90 ($3,250) and 115-4912-572-55.30 ($6,695).
Attachments:
Memo from Parks & Recreation
MEMORANDUM
TO:
FROM:
THRU:
SUBJECT:
Jacqueline Rooney, Purchasing Administrator
Rodger R. Rix~ CPRP, Recreation Supedntendent'~'/%~
Joe Weldon, ~irector of Parks and Recreation
BUS CONTRACT FOR CORPORATE CONNECTION SOVEREIGN COACH AND
TOURS
DATE: June 12, 2001
Our current bus company O.K. Tours under contract has closed its business. Attached is there
letter dated June 7, 2001. Andrew Sargeant, Out-Of-School Director and I sent out emergency
quotes for 59 passenger (a/c, restroom, and radio) coach buses to nine bus companies for a
deadline of 24 hours for bus emergency quote (see attached quote). We received two quotes from
the nine companies. The quote from P & S Tours was not a valid quote they did not meet our
minimal specifications for a 59-passenger bus. They could only supply a 52 passenger buses.
Corporate Connection Sovereign Coach Tours in Ft. Lauderdale, was the only valid quote for
$65.00 an hour for 59 passenger buses.
! have attached in date order all correspondence with the bus companies.
Please issue a change order for PO # 596016 Corporate Connection Sovereign Coach Tours to
add monies in four accounts:
1 .) 001-4106-572-44.90
2.) 001-4121-572-44.90
3.) 001-4105-572-44.90
4.) 115-4912-572-55.30
Total
= $37,440.00 (Summer Day Camp)
= $2,080.00 (Special Events-Kids & Cops, etc.)
= $3,250.00 (AfferschooI-Unifled Sports Festival)
= ~ 6,695.00. (Rocks Football)
= $49,465.00
See attached signed Budget Transfer for adding funds into the Summer Day Camp account
001-4106-572-44.90.
Please add to the City Agenda O.K. Tours contract that is canceled and add Corporate Connection
Sovereign Coach Tours as an emergency contract from June 11 - October 1=.
I would also like you to start on the former bid process for next fiscal year 2001/2002 for
contracting a coach bus company. You can use the specifications from O.K. Bus Tours contract.
Thank you for your cooperation. If you have any questions call me at 7256 or e-mail me at
ribeiro~ci .delrav-beach .fl. US.
Cc:
Andrew Sargeant, Out-Of-School Director
Alberta Gaum - Accounting Assistant
Gall Vanhove - Administrative Assistant
File
06~07/2001 03:59 FAX 95A+420.0S07 OK TOURS, INC.
OK TOURS, nc.
~'avel With Distinction
Date: Thurs',ay, June 07, 2001
To: Andrew Sergeant
Company: Ok Tours, la,
From; Guy K~rsi~
Numb~ o. fpa~e(s): ~ (~c~din~th,e co.er page)
III . I
1~. Amimw Serge:
We regret to inform you tha!
FAX TRANSMISSION
closing its operation for the
would have pleased us more ~hea to reader our services to you. Should you need us to refer you to another
company please let us k~ow md we will glad[) do so.
Regretfully,
we will b~ unable to perform any transportation services for you. The compmay is
~oment. We apologize for all~ ilaconvenience we may have catzsed you. Nothing
ail -~ Deerfield Beach, FL 33442 ¢~ Tel-.; (954)-420-$060 · Fax.: (954)-420-0807
~ .Orlando: (407)-354-0008
(~g): 998 South MilitatT Tt
Miamii (305)-672-9575
DELRAY BEACH
TO:
MEMORANDUM
FROM:
Rodger R. Ribeiro, CPRP
Recreation Superintcndem
DATE: June 7, 2001
URGENT QUOTE-Buses needed for Summer Camp
Thc City of Delray Beach Parks & Recreation Depmtment's Summer Camp Program is in need of
buses starting June 11 through August 3, 2001. We were contracted with OK Tours, Inc.;
however, as of June 7, 2001, their business has folded and services are no longer available.
If you would be interested, the itinerary is as follows:
59-passenger bus (57-passenger would be considered)
· 3 sites---110 per site, 55 junior campers and 55 senior campers
· 3 days per week
· I bus per site for 8 hours per day
· 9 total buses per week for a total of 72 hours per week, plus any overtime
· All times are 8:00am to 4:00pm.
In addition, ~
· 5 buses for June 23, 2001 f6r the Palm Beach County Unified Sports Festival at Dwyer High
School in Palm Beach Gardens;
· 2 buses for the Delray Beach Roots Festival at Delay Beach Golf Club on July 27, 2001;
· 1 bus for the Marlins game at Pro Player Stadium on June 25, 2001.
The deadline for the bids is Friday, June 8, 2001 at 2:00PM.
If you have any questions, please call (561) 243-7256. Fax (561) 243-7268 or
Email ribeiro~ci.delrav-beach-fl us. Thank you for your assistance.
Note: First week Summer Camp itinerary is attached.
cc: Joe Wcldon-Director of Parks & Recreation
Jackie Rooney- Purchasing Supervisor
Andrew Sargeant - Out-of-School Director
S:~uks & Recrcat~on~Mtc~schkMEMO Buses SumCmp 01 .doc06/07/01
PINE GROVE ELEMENTARY SCHOOL
4OO SW 10TM AVENUE
DELRAY BEACH, FL
Tuesday, June 12, 2001
8:00am - 4:00pm
Coconut Cove Water Park
11200 Park Access Road
Boca Raton
Ci-Ci's Pizza
Congress Avenue,
Boynton Beach
The Palace
6016 Old Congress Avenue
Lantana
Thursday, June 14, 2001
Butterfly World
3600 W. Sample Road
Coconut Creek
Don Carter's Bowling
6591 S. Military Trail
Lake Worth
Friday, June 15, 2001
Boomer's
3100 Airport Road
Loxahatchee R~creation Everglades Tour
15490 Loxahatehee Road
Boca Raton
POMPEY PARK
1101 NW SECOND STREET
DELRAY BEACH, FL
Tuesday, June 12, 2001
Muvieo Palace
Airport Road
Boca Raton
8:00am-4:00pm
Adventures in Golf
6585 S. Military Trail
S:~l~ks & Rt~reatJon~.Aflerscb~4EMO Buses SumCmp 01 ~!oc06307/01
Wednesday, June 13, 2001
Ci-Ci's Pizza
Congress Avenue
Boynton Beach
Fun Depot
2001 Tenth Avenue North
Lake Worth
Thursday, June 14, 2001
AMF Bowling
1190 W. Boynton Beach Blvd.
Boynton Beach
Skate Zone
8125 Lake Worth Road
Lake Worth
COMMUNITY CENTER
50 NW FIRST AVENUE
DELRAY BEACH, FL
Monday, June 11, 2001
Patch Reef Park
Yamato Road
Boca Raton
8:00am-4:00pm
Wednesday, June 13,2001
Don Carter's Bowling
; 6591S. Military. Trail
Lake Worth
Friday,
Veterans Park
802 NE First Street
Delray Beach
June 15, 2001
Rapids Water Park
6566 N. Military Trail
West Palm Beach
S:~arks & Recreation~AflerschqMEMO Buses SumCn~ 01.doc06/07/01
a
DEL. RAY BEACH
City of Delray Beach
Delray Beach Parks & Recreation Department
FAXES SENT TO BUS COMPANIES FOR SUMMER CAMP 2001
Coach USA
11077 NW 36th Ave.
Miami, FL
561-769-6060
fax: 305-769-6016
(No quote)
5. Community Transit (West Palm)
561-795-5591
fax: 561-795-5167 (No quote)
Apex Support Services, Inc
P.O. Box 7370
Port St. Lucie, FL
561-344-9299
fax: 561-344-4869
(No quote)
6. Greyhouse Bus Lines (Delray Beach)
561-272-6447
fax: 561-276-9200 (No quote)
e
Handi-Van, Inc.
Tony Serrato
2400 NW 53rd St
Tamarac, FL 33309
954-733-7195
fax: 954-733-7262
(No quote)
7. P&S Tours (Lake Worth)
561-582-1750
fax: 561-582-3238
(Only 52 passenger coach buses)
not valid
Tony YourWayBus
954-786-8118
fax: 954-523-0927
(No quote)
ge
Marie's Charter Bus Service
(West Palm Beach)
561-439-0334
fax: 561-642-2826
(No quote)
*9.
Corporate Connection $65.00 hourly rate
Sovereign Coach & Tours 59 passenger bus
John Fraga, Operations Manager
954-522-1516
fax: 954-522-1760
* Only valid quote to meet specifications for 59 passenger bus.
00/07/2001 THU 14'57
FAX
Corporate Connection
Sovereign Coach & Tours
[~001/001
June ?, 2001
Andrew Sergeant
Out of Schoo~ Director
~ty of De~ay Bea~
Parks and Rscreation Department
Dear Mr. Sargeen~
Thank yo~ for your interest in Corporate Connection/Sovereign Coach a,~l Tours. We would be happy
to fulfill your transportation needs at the net ra~e of $65.00 per houri5 hour minimum (this is a reductk3n
from our normal net rate of $77.00 per hour). You wDuld be additionally responsible for parking and tolls
on any of your tips. I realize this is higher than your previously conlracted rate, but as I stated In our
telephone conversation, perhaps this is the reason the other vendor is out of business. This rate would
apply if ycx~ can confrect with us for the entire pe/,;~d from June t I - August 3, 2001. I hope this rate
meets with your satisfaction, however if you have any questions ar concerns I~ease fl~el free to give me
a call at 800-474-60~9.
Doug Sewell
Director of S~les
Ih. l.~udcr~L~k, FI 33311
Date: C6/O8/0[ ?~rne: 04.52 ~M ?o: D;L~¥ ~EXCH ~ 1-561-243-3268 ~&ge. 002-002
IMPORTANT
If the certihcate hohJe~ is an ADDITIONAL INSURED, the po icy(les) must be endorsed. A statement
on this cerhficat~ does r~ct ccr'fer ~ig~ts tc the cart flcate I~older In heu of s,~ch er'ccrsement{s).
If SUBROGATION IS WAIVED, subject to the terms and conditions cf the pclicy, ce'tam policies may
'ecg. ire an enCorsement. A statement on this ce't¢,cate rices not confer r;ghts to the cerlificate
holder in lieu of such, eqdorsement(s).
DISCLAIMER
The Certificate o~ Insurance on !he reverse side cf tbs form does not constitute a co,~tra~ between
tb~ ~ss.~ n_c ,~surer(s'~, authorize:l representahve or produoer, and the cerlificate holder, nor does it
affirmatively o~ negahvely amend, extend or alter the coverage affcrded by th~ policies listed thereon,
~.ORD 25-5 (7,/97)
08/12,2001 TI.'£ 07,$9
Corporate Connection
Sovereign Coach & Tours
~ ool/o0!
June 12,2001
Rodger Ribeiro
Recreation Superintendent
City of De!ray Beach
Parks and Recreation Departme~:
Dear Mr. Ribe~ro:
Per your request, we would be happy to extend the net rate of $65.00 Imf hour/5 hour minimum for a 59
passenger motor coach urlil October 1, 2001. I hope tht$ meets w~th your satisfac{ion, however If'you
have any questions or cxmcems please feel free to give me a call at 800-474-6089.
Drector of Sales
ACORD.
PRODUCER (800)333-7754
Rodes-Roper-Love
Insurance Agency
158 N. Harbor City Blvd.
Melbourne, FL 32935
CERTIFICATE OF LIABILITY INSURANCE I
FAX (321) 757-6182 THIS CEI~TIFICATE I$ ISSUED AS A MAI I I::l~ OF INFOI~MATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERA RLI Insurance Company
INSURED CORPORATE CONNECTION LINES, INC.
DBA: SOVEREIGN TOURS
177 NW 18TH AVE.
FORT LAUDERDALE, FL 33311
I
COVERAGES
:INSURER B
iINSURER C
ilNSURER D
INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAJVIED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MMIDD/YY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 50 ~ 000
I CLAIMSMADE ~ OCCUR rGLO010021 11/06/2000 11/06/2001 MED EXP (Any one person) $ 5,000
A PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2 ~ 000, OOO
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP/OP AGG $ INCLUDED
I POLICY m---1PRo-
JECT ~1 LOC
AUTOMOBILE LIABILITY I~PT0001464 11/06/2000 11/06/2001 COMBINED SINGLE LIMIT
ANY AUTO (La accident) $
5, OOO, OOO
ALL OWNED AUTOS BODILY INJURY $
X SCHEDULED AUTOS (Per person)
A
X HIREDAUTOS BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
I ANYAUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESS LIABILITY EACH OCCURRENCE $
$
I DEDUCTIBLE $
RETENTION $ $
wo..ERs COMPENSATION AND ITORYLIMITSI
EMPLOYERS' LIABILITY E L EACH ACCIDENT $
E L DISEASE - EA EMPLOYE[ : $
E L DISEASE- POLICY LIMIT $
OTHER EPTO001464 11/06/2000 11/06/2001 $5000 DED COMPREHENSIVE
PHYSICAL DAMAGE
A $5000 DED COLLISION
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
:ERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED WITH RESPECT TO THE INSURED'S OPERATION.
CERTIFICATE HOLDER I I ADDITIONAL INSURED, INSURER LETTER
CANCELLATION
CITY OF DELRAY BEACH
50 NW 1ST AVE.
DELRAY BEACH, FL 33444
FAX: (561) 243-7268
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
Ni kki Jones/NK3
C(DAIJOI~U
AGENDA ITEM NUMBER.
AGENDA REQUEST
Request to be placed on: June 15, 2001
Date: June 14, 2001
XX Consent Agenda
Special Agenda
__ Workshop Agenda
Description of agenda item:
Cancellabon of contract with OK Tours, Inc for Bus Rental and Driver Services for Parks and
Recreation for summer camp, football program, and hohday camp and approve a emergency
contract with Corporate Connection Sovereign Coach Tours for a total amount of $49,465.
ORDINANCE/RESOLUTION REQUIRED. YES
Draft Attached' YES
Recommendation:
NO
NO
Cancel current contract with OK Tours Inc. for Bus Rental and Driver Service for Parks and
Recreation Dept. and award an emergency contract with Corporate Connection Sovereign Coach
Tours for the total amount of $49,465. Funding from account codes as listed below. Budget
Insfer attached.
001-4106-572-44.90 $37,440 Summer Camp Program-Lease Cost
001-4121-572-44.90 - $ 2,080 Athletics & Special Events-Lease
001-4105-572-4490 - $ 3,250 After School Program-,, "
115-4912-572-55 30 - $ 6,6~5_._.S~.or ts/Rocks_~.~__F~ootbal]~-'~Football
Department Head Signature:<~' --'~:~.
Determination of Consistency wi~mprehensive Plan:
Cost
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available:
Funding alternatives:
Account Number:
Account Description.
Account Balance:
City Manager Review:
Approved for agenda
Hold Until:
Yes ~/~ No
0f applicable)
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
'I:ITY OF DELRI:IV BEI:IEH
CITY ATTORNEY'S OFFICE
DELRAY BEACH
,Ml. Amedca C~
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line 561/243-7091
MEMORANDUM
June 15,2001
City Commission
David Harden, City M~r
Brian Shun, Assistant City Attorney
SUBJECT: Proposed Agreement with Lady Lucille Cruises
At the workshop meeting of Junel2, 2001, the Commission directed our office to draft
an agreement with Lady Lucille Cruises for the use of the dock at Veterans Park during
the summer months. The term of the agreement would start upon passage of the
agreement and run until September 10, 2001. The Agreement with the Ramblin Rose II
provides that they may vacate the dock at Veterans Park from June 1 until September 15
of any given year and if they vacate, the City may lease this area out to another charter
boat company.
Mr. Peper, of the Ramblin Rose II, provided notice of his intent to not use the dock area
at Veteran's Park this summer. However, after speaking to him about the potential of
another charter boat company using the dock area, he indicated that he would rather
continue paying rent over the summer and possibly bring the Ramblin Rose II back to
Veteran's Park.
Please place this item on the June 19, 2001 City Commission agenda for consideration.
Please call if you have any questions.
¢,7.
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this __ day of
2001, by and between the CITY OF DELRAY BEACH, FLORIDA, a
corporation, (hereinafter referred to as "City") as Licensor and LADY
municipal
LUCILLE
CRUISES, (hereinafter referred to as "Licensee"),
WITNESSETH:
WHEREAS, the City, pursuant to its Home Rule Powers and pursuant to
Chapter 92 of the Code of Ordinances of the City of Delray Beach, has the power to
permit the mooring of boats to any real and personal property which is owned by the
City; and,
WHEREAS, the City has been approached by Lady Lucille Cruises for the
purpose of operating a cruise boat operation out of Veteran's Park and,
WHEREAS, the City believes it to be in the best interest of the citizens of Delray
Beach and the redevelopment of the downtown area to allow such operation.
NOW, THEREFORE, in order to carry out the purposes of the offer and
acceptance, the parties hereto covenant and agree with each other in accordance with
the provisions hereof:
ARTICLE 1
1.01. Term: The City hereby licenses to Licensee for a term beginning on the
execution of this Agreement and ending on September 10, 2001 for the operation of a
cruise boat and restaurant operation as described in Paragraph 1.02.
1.02. Purpose: The purpose of this Agreement is to provide for the operation of
luncheon and dinner and/or sightseeing excursions and cruises from the site described
in Section 3.01. The scope of the operation will be limited to the aforesaid cruises, sale
of admission tickets for such, food and beverage sales and sale of private charters for
such cruises on the excursion vessel.
1,03. License Agreement: The intention of the parties is to create a license for
use of dock space only. This Agreement confers no lease-hold interest and should be
construed by a court of competent jurisdiction to be a license Agreement only.
ARTICLE 2
2.01. Title to Improvements: Title to all improvements made and alterations
constructed or installed on the premises described in Paragraph 3.01 shall at all times
during the effective period of this agreement remain and be the property of the City.
ARTICLE 3
3.01. Legal Description of the Licensed Premises: All of Block 132,
according to Plat of the Town of Linton, now Delray, on file in the Office of the Clerk of
the Circuit Court in and for Palm Beach County, State of Florida, containing 4.48 acres
more or less.
The exact location of the boat mooring, pilings and other attendant improvements
within the licensed premises shall be approved by the City.
ARTICLE 4
4.01. License Fees:
A. Monthly Payment
Licensee shall pay the City a monthly payment of $1,400 per month. The
monthly payment shall, be made without billing upon the execution of the Agreement an
every 30 days thereafter. Upon the expiration of this Agreement or in the event of its
2
termination, Licensee shall pay a prorated amount if an entire month as not elapsed
since the last payment was made.
4.02. Taxes: The Licensee shall be liable for any and all taxes which are or
may be imposed as a result of this Agreement. Taxes shall be paid to the appropriate
authority, including, but not limited to, sales and use tax.
4.03. Payment of Fees: The Licensee shall pay all license fees and charges
and submit all reports required by this License Agreement to the following:
Joseph Safford
Finance Director
100 N.W. 1st Avenue
Delray Beach, Florida 33444
In the event Licensee fails to pay any of the license fees or charges as required to be
paid under the provisions of this License within thirty (30) days after the same shall be
due, interest at the rate of one and one/half percent (1 1/2%) per month shall accrue
against the delinquent payments until the same are paid. (Implementation of this
provision shall not preclude the City from terminating this License Agreement for default
in the payment of license fees or charges, or from enforcing any other provisions
contained herein).
4.04. Reports and Records:
A. Licensee shall maintain during the term of this License Agreement all
books of account, reports and records customarily used in this type of operation and
such records as are necessary to document its activities pursuant to this Agreement.
B. Licensee shall allow the City or the auditors of the City to inspect all or
part of the compilation procedures for the aforesaid annual reports at reasonable times
and places. Said inspection is at the sole discretion of the City.
3
C. Any and all records, receipts, and documents related to gross receipts as
defined herein of the Licensee shall be available to the City and the City's auditors at a
reasonable location in Delray Beach, Florida, for a period of five (5) years after the end
of the license agreement.
ARTICLE $
5.01. Facilities to be Provided by the City: The City will permit the use of its
existing parking areas adjacent to Veterans Park on an "as available" basis for use by
patrons and employees of Licensee. The City will license the premises for the purpose
of dock space, pedestrian ingress and egress to the ship by Licensee's passengers,
invitees, employees and agents, over the licensed premises. Such ingress and egress
and dock space is to be used at the sole risk of the Licensee.
The City shall not be liable for the care or the protection of the ship, including its
gear, equipment, appurtenances or contents. City expects Licensee to have made
suitable arrangements for safe, sheltered anchorage during tropical storms or
hurricanes, and Licensee warrants such arrangements have or will be made. Licensee
may not assume that City's premises will be a safe, sheltered anchorage during tropical
storms or hurricane or an emergency. City, at its sole discretion, reserves the right to
remove or evacuate vessels at the Licensee's risk and expense. Undertaking to move
or evacuate a boat shall not be deemed an assumption or responsibility for the safety,
security and care of Licensee's boat by City, nor shall City be deemed a bailee of the
boat.
4
5.02. Facilities to be Provided by Licensee:
A. The Licensee shall commence operations and provide upon the City
Commission's approval of this Agreement, one shallow-draft, riverboat type of excursion
vessel with a passenger capacity of 150 to 250 persons of a length not to exceed one
hundred feet (100'), meeting all safety standards and licensing requirements of the
United States Coast Guard, and capable of providing daytime luncheon and dinner
and/or sightseeing excursion.
B. All site improvements shall be at Licensee's own expense, including, but
not limited to, pilings, docks, seating areas, landscaping and garage dumpster, if
needed. However, Licensee shall return the license site back to its original condition by
September 15, 2001.
C. Architectural and landscape designs shall be subject to review and
approval by the City.
D. Site plan shall be subject to review and approval by the City.
E. Construction shall meet all applicable codes.
F. Licensee shall obtain all government approvals, permits and licenses at
his own expense.
G. Licensee shall comply with all Health Department requirements.
H. All equipment and personal property furnished by Licensee shall be of
good quality and suitable for its purpose.
5.03. City Approval: Licensee agrees that it will obtain prior written approval
from the City for all of the following:
5
vessel.
B.
Use of any type of vending or amusement machines other than on the
Changes from originally approved specifications, plans, signage,
buildings, structures, and landscaping design. The City shall be allowed ninety (90)
days to reach a decision in any of the above matters and failure to do so within such
period shall constitute denial.
C. City may, at its discretion, redesignate the location for docking the vessel
at Veteran's Park.
5,04, Minimum Days of Operation: It is desired that the vessel be operated at
least four (4) days a week during the term of this Agreement, weather permitting, and
excepting periods required for vacations, maintenance and general repair of the
excursion vessel. Licensee shall give notice to the City Manager on any occasion when
it is anticipated that the vessel will not be operated for five (5) consecutive days.
5.05. Service While Docked: Service of food or alcoholic beverages shall
commence no earlier than thirty (30) minutes before departure of the boat. In no event
shall full meal service begin until such time as the vessel has entered into the main
channel of the Intracoastal Waterway. Except as provided in this paragraph, the serving
of food and beverages shall be only attendant to cruises; no docked restaurant shall be
operated. All food and beverages must be sold and consumed on the boat. Licensee
agrees to comply with all state and county alcoholic beverage rules and regulations. All
on board entertainment shall cease upon docking and all passengers and customers
shall have disembarked no later than 10:30 p.m. All music and on board
announcements must be within City noise limitations and comply with restrictions on the
6
use of speakers and amplifiers at City parks. Any calliope shall not be played while
docked.
5.06. Quality of Licensee's Services:
A. On-site management of the operation shall include at all times such
licensed personnel as may be required by the United States Coast Guard.
B. Food and beverages sold to the public shall be of good quality and served
in accordance with the Health Department requirements.
C. Licensee shall conduct its operations in an orderly manner so as not to
unreasonably annoy, disturb or to be offensive to customers, patrons or others in the
immediate vicinity of residents or others in the immediate vicinity of such operations.
D. Licensee shall take all reasonable steps to control the conduct, demeanor
and appearance of Licensee's employees, invitees, and those doing business with it
upon objection from the City concerning the conduct, demeanor or appearance of any
such persons, Licensee will immediately take all responsible steps necessary to
remove the cause of the objection with the assistance of appropriate law enforcement
officers, if required.
5.07. Notification from the City of Failure to Comply: Upon receipt of written
notification from the City specifying in detail any failure to comply with the quality
standards delineated in 5.06 A, B, C and D, Licensee shall correct the alleged
deficiencies within seven (7) days, or such greater time as the particular circumstances
may reasonably require.
7
ARTICLE 6
6.01. Assignment of the Agreement: Licensee shall have the right to assign
this contract to an entity or individual with similar expertise in the cruise boat industry
after giving City sixty (60) days notice of such proposed assignment and after receiving
the written consent and approval of City to such assignment, and said which consent
shall not be unreasonably withheld.
Assignment as referred to above shall include any and all sales, assignment,
transfer, collateralization, or other disposition of any and all stock certificates, right, title
and/or interest in and to Lady Lucille Cruises.
ARTICLE 7
7.01. Water ahd Electrical Services: All connection charges and subsequent
billings for water and electricity consumed by the Licensee's operation to be at the
Licensee's sole expense.
7.02. Sewage Removal: The Licensee may remove sewage from the vessel
while it is docked at Veteran's Park provided that it provides the sewage pump and the
manner and operation of removal must first be approved by the City. The Licensee
represents and warrants that the Licensee shall comply with the Federal Water
Pollution Control Acts (33 U.S.C. Section 1231 - prohibiting discharge of oil or oily
water, 33 U.S.C. Section 1322 - prohibiting discharge of untreated sewage) and all
other applicable federal, state, county and municipal laws and regulations.
7.03. Fueling: All fueling of the vessel will be done at an off-site facility. At no
time shall Licensee fuel the vessel while it is docked or moored at Veteran's Park.
8
ARTICLE 8
8.01. Equipment Installed by Licensee:
A. All equipment, furnishing, signage and advertising installed by the
Licensee on the premises shall be in keeping with the appropriate standards of decor of
the Parks and Recreation Department and must be approved by the City prior to
installation.
B. Licensee agrees that all equipment and furnishings provided shall meet
the requirements of all applicable building, fire, pollution and other related codes.
C. Licensee shall not alter or modify any portions of facilities, the leased
premises or the improvements
approval from the City.
constructed therein without first obtaining written
ARTICLE 9
9.01. Maintenance Responsibilities of Licensee; Appearance of Facilities:
Licensee shall, at its sole cost and expense, keep and maintain the licensed premises
including all improvements thereto, free from litter and debris which may result from the
operation and use of the cruise ship. Licensee shall maintain all improvements directly
related to the cruise ship operation in a neat and orderly condition. This article shall not
be construed to require Licensee to repair damage to the seawall and marginal docks
unless such damage was as a result of Licensee, his agents, employees, guest,
passengers, or invitees actions.
9.02. Garbage Dumpster: Licensee shall, at its sole cost and expense,
maintain a garbage dumpster which is fully screened and complies with City codes. The
dumpster will be located in accordance with the City's direction.
9
the boat, including but
Intracoastal Waterway.
ARTICLE 10
10.01. Indemnification: Licensee, its heirs, personal representatives,
successors, and assigns, as the case may be, releases, defends, holds harmless and
indemnifies the City of Delray Beach, Florida, and its officers, agents, and employees
from any and all liability for loss or damage to the boat, its Licensee, and Licensee's
agents, employees, guests, passengers, or invitees whether or not such (loss or
damage is based upon the negligence or conduct of City) and from any and all loss,
damage, liability, legal action or claim of whatsoever nature, arising out of the
Licensee's use of the facilities of the Park known herein as the licensed premises
including, but not limited to agents, employees, passengers, and invitees use of the
licensed premises for ingress and egress or operation of the boat, and from any and all
loss, damage, liability, legal action or claim arising out of the removal of sewage from
not limited to damage to the licensed premises an the
ARTICLE 11
11.01. Damage or Destruction of Premises: If the licensed premises or the
excursion vessel are partially damaged, but not rendered unusable for the purposes of
this Agreement, the same shall be repaired with due diligence by the Licensee from
proceeds of the insurance coverage and/or at its own cost and expense, and a pro rata
adjustment of the monthly fees payable hereunder for the period of Licensee's
business interruption, if any, shall be made. If the damage shall be so extensive as to
render the premises or the vessel unusable for the purposes intended, but capable of
being repaired with due diligence by the Licensee from the proceeds of the insurance
10
coverage policy and/or at its own cost and expense, and for the period of Licensee's
business interruption a pro rata adjustment shall be made as to the monthly fees.
ARTICLE 12
12.01. Ingress and Egress: Subject to rules, regulations, statutes and
ordinances governing the use of the facilities, Licensee, his agents and servants,
patrons and invitees, and his suppliers of service and furnishers of materials, shall have
the right of pedestrian ingress and egress to and from the premises, with such right not
to be unreasonably restricted during the term of this Lease Agreement.
ARTICLE 13
13.0'l. Insurance: Licensee shall purchase and maintain insurance providing
coverage on an occurrence basis during the term of this agreement as outlined below:
A. Comprehensive General Liability or Commercial General Liability
Coverage must be afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability Policy or Commercial General Liability filed by the
Insurance Services Office, and must include:
1. Minimum Limits of total coverage shall be [$1,000,000.00] per
occurrence combined single limit for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form with any excess coverage (and the
carrier) to be acceptable to the City.
2. Premises and/or Operations.
3. Independent Contractor.
4. Products and/or Completed Operations. Licensee shall maintain in
force until at least three (3) years after completion of all services required under
11
the agreement, coverage for products and completed operations, including Broad
Form Property Damage.
5. Broad Form Property Damage including Completed Operations.
6. Broad Form Contractual Coverage applicable to this specific
agreement, including any hold harmless and/or indemnification agreement.
7. Personal Injury coverage with employees and contractual
exclusions removed.
8. Crew Coverage.
9. Pollution Coverage.
10. Collision Liability.
11. Strikes, Riots and Civil Commotion.
12. Loss Payee Interest May Appear.
13. Passenger Liability.
14. Dock Liability.
15. Additional Insured. The City is to be specifically included as an
additional (including products).
16. Notice of Cancellation and/or Restriction. The policy must be
endorsed to provide the City with thirty (30) days' written notice of cancellation
and/or restriction.
17. The Licensee shall either require each subcontractor to procure
and maintain, during the life of the subcontract, insurance of the type and in the
same amounts specified herein or insure the activities of subcontractors in his
own insurance policy.
12
ARTICLE 14
14.01. Cancellation by City: The occurrence of any of the following shall cause
this Agreement to be automatically terminated:
A. Institution of proceedings in voluntary bankruptcy by the Licensee.
B. Institution of proceedings in involuntary bankruptcy against the Licensee if
such proceedings lead to adjudication of bankruptcy and the Licensee fails within
ninety (90) days to have such adjudication reversed.
The City shall have the right, after fourteen (14) calendar days written notice sent
by registered or certified mail to the Licensee specifying the amount of payment(s) in
default, to terminate this Agreement whenever the non-payment of any sum or sums
due hereunder continues for a period of ten (10) calendar days after the due date for
such payments; provided, however, that such termination shall not be effective if
Licensee makes the required payment(s) during the fourteen (14) calendar day period
following receipt of the written notice.
ARTICLE t5
15.0'1. Non-discrimination:
A. That Licensee for itself, its personal representatives, successors in
interest, assigns subcontractors, and sublessees, as a part of the consideration hereof,
does hereby covenant and agree that:
1. No person on the ground of race, color, national origin, age, or sex
shall be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities.
13
2. That in the construction of any improvements on, over, or under
such land and the furnishing of services thereon, no person on the ground of
race, color, national origin, age, or sex shall be excluded from participation in, be
denied the benefits of, or otherwise be subject to discrimination.
3. That Licensee shall use the premises in compliance with all other
requirements imposed or pursuant to Title 45, Code of Federal Regulations,
Article 80, Non-discrimination under programs receiving Federal Assistance
through the Department of Health, Education and Welfare - Effectuation of Title
VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
B. That in the event of a proven breach of any of the above
non-discrimination covenants, the City shall have the right to terminate the license and
to take possession of said facilities and hold the same as if said license had never been
made or issued. This provision shall not be effective until the procedures of Title 45,
Code of Federal Regulations, Part 80, are followed and completed including exercise or
expiration of appeal rights.
C. Licensee shall not discriminate against any employee or applicant for
employment to be employed in the performance of the contract with respect to hiring,
tenure, terms, conditions or privileges of employment, or any matter directly or indirectly
related to employment because of age, sex, physical handicap (except where based on
a bona fide occupational qualification); or because of marital status, race, color, religion,
national origin or ancestry.
14
ARTICLE 16
16.01. Rules and Regulations: Licensee will observe, obey and comply with all
rules and regulations adopted by the City and all laws, ordinances and/or rules and
regulations or other governmental units and agencies having lawful jurisdiction, which
may be applicable to Licensee's operations under this Agreement. City shall not adopt
any ordinances, rules, or regulations which are directed toward impairing the City's
obligation under this lease.
ARTICLE 17
17.01. Default: Except where set forth specifically herein, upon thirty (30) days
notice of any default of the terms and conditions of this Agreement, the defaulting party
shall cure such default. In the absence of such cure, the nondefaulting party may
terminate this Agreement.
17.02. Payment of Obligations: Licensee shall pay all taxes and other costs
lawfully assessed against its interests in licensed premises, its improvements and its
operations under the Agreement provided, however, that Licensee shall not be deemed
to be in default of its obligations under this Agreement for failure to pay such taxes
pending the outcome of any legal proceedings instituted to determine the validity of
such taxes.
ARTICLE 18
18.01. Inspection by City: City may, but is under no duty to, make periodic
inspections of the licensed premises, and the equipment, to determine if such are being
maintained in a neat and orderly condition and are in proper repair. Inspections may
15
also be made to determine whether Licensee is operating in compliance with the terms
and provisions of this Agreement.
ARTICLE 19
19.01. Maintenance and Repairs by the City: Licensee shall have the
obligation of maintaining and repairing the premises and improvements relating
exclusively to the cruise boat operation. Should inspection by the City indicate that
Licensee is not properly maintaining or repairing the premises and improvements
thereon in neat, and orderly condition and in proper repair, the City will so inform the
Licensee in writing, specifying the deficiencies. Should the Licensee fail, within thirty
(30) days of such notifications, to correct or to commence to correct the deficiencies, the
City may either make the necessary repairs and perform the required maintenance at
the Licensee's expense or terminate this Agreement. All corrections must be made
within a reasonable time.
ARTICLE 20
20.01. Termination of Contract: Licensee, within five (5) calendar days
following the termination of this Agreement, shall forthwith remove all of its personal
property not acquired under the terms of this Agreement and the original proposal. Any
personal property of Licensee not removed in accordance with this Article may be
removed by the City for storage at the cost of Licensee or shall constitute a gratuitous
transfer of title thereof to the City for whatever disposition is deemed to be in the best
interest of the City. The City shall not be liable to Licensee for the safekeeping of
Licensee's personal property.
16
It is the intention of the parties to this Agreement that the excursion vessel
together with all furnishings and equipment purchased or leased by Licensee, except
those permanently affixed to buildings, as defined under the laws of the State of Florida,
shall be and will always remain, the personal property of the Licensee.
Upon termination of this Agreement and the removal of all personal property by
Licensee, the Licensee shall immediately restore said premises to a neat and clean
condition.
ARTICLE 21
21.01. Approval: Whenever prior approvals or consents are required
hereinabove by either party, such approvals shall be received in writing by the party
seeking approval prior to initiating the action for which approval was sought.
ARTICLE 22
22.01. Indulgence Not Waiver: The indulgence of either party with regard to any
breach or failure to perform any provision of this Agreement shall not be deemed to
constitute a waiver of the provision or any portion of this Agreement either at the time
the breach or failure occurs or at any time throughout the term of this Agreement.
ARTICLE 23
23.01. Notices: Any notices submitted or required by this Agreement shall be
sent by registered or certified mail and addressed to the parties as follows:
To the City: Joseph Weldon, Director
Parks and Recreation Department
50 N.W. 1st Avenue
Delray Beach, Florida 33444
To the Licensee: Joe Rugare
Lady Lucille Cruises
1000 Southwest 1st Way
17
Boca Raton, Florida 33486
or to such other addresses as either party may designate in writing.
23,02. Interpretation: This Agreement constitutes the entire Agreement between
the parties with respect to subject matter hereof and supersedes all prior verbal or
written agreements between the parties with respect thereto This Agreement may be
amended only by written document, properly authorized, executed and delivered by
both parties hereto. This Agreement shall be interpreted as a whole unit and sections
headings are for convenience only. All interpretations shall be governed by laws of the
State of Florida. Waiver of any breach shall not constitute waiver of any other breach.
Invalidation of any portion of this Agreement shall not automatically invalidate the entire
Agreement.
ARTICLE 24
24.01, Non-Exclusivity: It is understood and agreed upon between the parties
that Licensee's operation is a non-exclusive license to operate the cruise boat
operation at Veteran's Park, subject to the City's Code of Ordinances as may be
amended in the future. Licensee is aware and understands that the City has an
agreement with Gray Line Water Tours that provides for their use of the licensed
premises after September 15, 2001, and that Licensee's actions shall in no way
interfere with such agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement and
18
three (3) counterparts, each of which shall constitute an original to be executed by the
appropriate officials as of the date first above written:
WITNESSES: LICENSEE:
By:
Print Name: Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was
,2001, by
title of officer or agent) of
acknowledging), a
behalf of the corporation.
acknowledged before me this day of
(name of officer or agent,
(name of corporation
(state or place of incorporation) corporation, on
He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public - State
of Florida
ATTEST:
By:
City Clerk
Approved as to Form and
Legal Sufficiency:
By:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:
David W. Schmidt, Mayor
19
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~]' ./5~- REGULAR MEETING OF JUNE 19, 2001
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY
DATE: JUNE 15, 2001
The term for Clay Wideman will expire on July 1, 2001. Mr. Wideman has served one
complete three year term. He is eligible and would like to be considered for reappointment.
The term is for three (3) years, ending July 1, 2004. Attendance records are attached.
To qualify for appointment, a prospective member must reside in or have his or her principal
place of business in the City, and shall not be serving as a City officer or employee. There is
a requirement that at least four of the members must be owners of realty within the
downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director,
officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon.
Currently serving on the DDA and meeting ownership and tax payment qualifications are
Mrs. Ellis, Ms. Heard, Mr. Wheat, Mr. Wideman and Mr. Griek.
The following have submitted applications and would like to be considered:
Mayer Abbo
David A. Beale
Janine Dabney-Battle
Jay E. Hasner
James O'Brien
Michael Simon
Clay Wideman
(also applied for CRA)
(current alternate member on BOA/term expires 8/31/01)
(current regular member on CEB/term expires 1/14/03)
(also applied for CRA)
(also applied for CRA)
(incumbent)
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 Mayor Schmidt Seat #5).
Recommend appointment of one person to the Downtown Development Authority with
term ending July 1, 2004.
DELRAY BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the ~ollowi~ ir~ormatiom
2. Home Address: City State Zip Code
qtt,~ ~4t4 ~,~.~ ?u. gee.& u-a~,-r~r~ "et.
3. ~g~ Residence: ~ State Zip ~e
4. P~dp~ BusNess A~ess: ~ ~l~.' ~ Stye Zip ~e
5. Home Phone: BusNess Phone: E-M~ A~ess: ~ Phone: 6~0 F~: C~b t)
6. ~ you a re~uered voter? If so, where ~e Zqu re~uer~? .
'7. ~ Bo~a(s) ~e you ~tere~ea ~ se~g?
8. Nu ~ ~ Bo~& on wNch you ~e ~en~ se~g or have pre~om~ se~e& ~le~e ~clui ~s)
9. Edu~fio~ q~fions:
10. Ha ~ related professionA ~nifi~6ons ~d hcenses w~& you hold:
11. Give yo~ p[esent, or most re~nt ~pl~er, md posi~on:
12. Describe ~pefien~s, s~s or ~owledge ON~ ~ you to se~e on ~s bo=& ~le~e a=a~ a brief re~e)
I here~~ ~a ~ ~e above ~t~e~ its ~e me~ ~d I ~ ~d m&r~d ~a ~ ~sm~ent of m~ h~
APR 3 0 2001 od- ~ - 0 I
/~ITV
Note: This application will remain on file in tl~i0 C~e~s'O~ce for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S\CITYCLERK~BOARD~APPLICATION
MAYER ABBO ARCHITECT AND ASSOCIATES, INC.
AA 0 0 0 3 1 4 2
Mayer Abbo Architect and Associates, provides a unique blend of design
excellence, technological support and personal attention that has built the firm's success
in satisfying the needs and expectations of its clients. The company's main goal is the
pursuit of excellence in design, through a personalized service that is on schedule and
within budget. Using CAD applications and advanced technology systems, Mayer Abbo
Architect and Associates assures the most efficient and practical design solutions. The
firm has completed a number of high-end luxury homes, multi-family residential projects,
interior space planning and tenant improvement designs which reflect its commitment to
the highest quality standards.
Mayer S Abbo, founder and principal architect of the firm, received a Master of
Architecture degree from the Massachusetts Institute of Technology and a Bachelor of
Design in Architecture degree from The University of Florida. He is a member of the
American Institute of Architects (AIA) and is also actively involved in numerous
community organizations. Mr. Abbo focuses in giving his clients the best of services and
a clear vision of their individual projects.
Comprehensive services provided by Mayer Abbo ArcMtect and Associates include:
· Architecture
· Project Programming
· Concept Planning
· Site Analysis and Land Planning
· Space Planning and Interiors
· Project Administration and Site Design Visits
ARCHITECTURE
INTERIOR DESIGN
SPACE PLANNII~IG
355 N E FIFTH AVE , SUITE 7 DELRAY BEACH, FL 33483 TELEPHONE 561 272 0703 FACSIMILE 561 272 4949
~ MAYERABBOARCH COM MAYER~'MAYERABBOARCH COM
MAYER ABBO ARCHITECT AND ASSOCIATES, INC.
AA0 0 0 3 I 4 2
EDUCATION
1990- 1992 Massachusetts lnatltute of Teclmology
Dgm: Masttr ~f ~l~hittc~n
1986- 1990 Univemity of Florida
Dtgrt#: Bad, tier ~f Dtsig# in Arct~ittctttre
STATUS
Boston, Mmss~chusetts
Gamesvi. lle, Florida
WORK EXPERIENCE
State of Florida
AR - 0016289
1996- Present Mayer Abbo Architect and Associates, Inc. Dekay Beach, Florida
Prin~al
Sperializing in Custom luxury homes, multi-family residential projects, interior space planning, commemal and tenant
improvement jobs.
Single Fam~ Homes
· Custom residence for Mr. And Mrs. Annoscia in ST. Andrews Country Club, Boca Raton FL- a 9,000 sq. fi- 2 stc~
luxurious Mediterranean custom home overlooki~ the golf course.
· Various old Florida style custom homes in the FT. Lauderdale, FL. water front commumty of Rio Vis~
· The Shlesinger residence at Foxe Chase, Delnty Beach FL- a 7,000 sq. fi- 2 story high end Mediten~nean style custom
home in a lushly tropical 1-acre plus lot.
· The Berger residence at Foxe Chase, Delray Beach FL- a 6,000 sq. ft single story coxmyard style home.
· Residence for Altamita Luxury Homes at Foxe Chase, Delray Beach FL- a 5,000 sq. fi. single story contemporary
· The Miller residence in Lake Worth FL- a 4,000 sq. ft. 2 story Milner style custom home overlooking the inwacoastal
water way.
· Residence for Savion Luxury Homes in Golden Harbour, Boca Raton FL- a 5,000 sq. fi- 2 story custom home
overlooking a deep water canal m one of Boca Raton's most prestigious waterfront communities.
· The Abbo Residence at Foxe Chase, Delray Beach FL- a 4,600 sq. ft. single story contemporary home designed around
one hundred year old oak trees in a rare and enchanting acre plus property.
· Custom home for Mrachek Bros., Inc. in Delray Beach FL- an award wimaing two story Intxacoastal water front home
published in Florida Aschitecmre.
AJ=ICHITECTURE
INTERIOR DESIGN
SPACE PLANNING
355 N E FIFTH AVE , SUITE 7 DELRAY BEACH, FL 33483 TELEPHONE 561.272 0703 FACSIMILE 561 272 4949
WV~N MAYERABBOARCH COM MAYEROMAYERABBOARCH COM
MAYER ABBO ARCHITECT AND ASSOCIATES, INC.
AAO003 I 4 2
* The Estuary in Delray Beach FI,- an Inttacoastal water front community of 104 upscale town home residences. Over
13 uniquely designed buildi~ types composed of 4 different town home floor phn.~.
· The Oasis in Boynton Beach FL- a nailti-family project composed of single and two story units with a total of 78 units
~ 12 buildlng~
AddRtons/Rm~or~tions
* The Smith Residence at Pelican Cove, Ocean Ridge FL- Interior renovation of a single stm'y luxurious water front
residence.
Proposal for an Addition/Renovation to the Cadet Hotel in South Beach, FL- design proposal to renovate, restore and
add to the historic Cadet Hotel witch housed such stars as Clark Gable during the Second World War.
· Dental Office for Dr. Norm Femchel, Iake Worth Florida (app. 3,500 sq. ft.)- space planning and interior hyout
design for a single story medical office space located in a shopping center plaza.
· Proposal for a Hyperbaric Medical Suite at Mercy Hospital, Miami FL - space planning and design for a new medical
office space of app. 6,000 sq. fi.
Bank of America proposal on East Atlantic Ave. in Delray Beach, FL- a large scale multi faceted project consisting of
both residential and commercial space.
PROFESSIONAL MEMBERSHIPS & ACADEMIC AFFILIATIONS
· The American Institute of Atrhitects
· The National Council of Architectural Registration Board
· MIT Alumni Association of the Palm Beaches
· Palm Beach AIA
ARCH n"ECTURE
INTERIOR DESIGN
SPACE PLANNING
355 N E FIFTH AVE , SUITE 7 DELRAY BEACH, FL 33483 TELEPHONE 561 272 0703 FACSIMILE. 561 272 4949
~ MAYERABBOARCH COM MAYER·MAYERABBOARCH COM
*"'* ~ CITY OF DELRAY BEACH
. * BOARD MEMBER APPLICATIO
I. l.as~ Name::....,~'E'Iq'I-E.
2. I Iomc Ad~lrcs.s: ,
3. l.cgal Rcaidcncc
4. Principal Busi~{e~;' Ad~lrt~ss: '
s. ~,,,,,~. PmT. iC~O.~y?:/?.a_.t'
6. What Board(s) ;Irc 3'011 illlCl'eMcd
N;IlllC,-% ^
<it),' ............... .~t~'[t~- -'
.,-_ ...... .%.____
City ,ghile
L 8.
Educationalqt;alJfi~.[~iioi;~:- ............................
f~~~ppoint~I may receive.
I ! hereby certify that all the above statements are true, ~nd I agree and understand that ~ny
[ misstatement oF m~terial F~ct$ contained in ~i~ application may cause Fo~eiture upon my part
I)^'1 I.
ADM1TT~D~
PLO~DA AND NEW YORK
DAVID A. BEALE, P.A.
Law Offices
355 NE 5~ Avenue - Suite
Delray Beach, Florida 3348
TELEPHONE ($61) ~-]4~
FA~I~ (~61) ~5-Jl66
~L ~b5 ~com~u
Cm.LPHOJ~
DAVID A. BEALE
David A. Beale is a graduate of Comell University (B.S. 1971) and Fordharn Law School
(I.D. 1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar
(1990). David Beale is a member of The Florida Bar Association, New York State Bar Association,
and Association of the Bar of City of New York. He belongs to the Entertainment Arts and Sports
Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the
Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the
Intellectual Property Law Section of the New York Bar Association.
Mr. Beale has spent his entire career representing the needs of small businesses and their
owners, the sizes of which range fi'om start-ups to companies with $100 million in sales. His practice
encompasses all types of'corporate, partnership, employment and commercial agreements, including
leases, property purchases, and financing agreements, as well as all types of litigation that relate
',thereto. He is able to w6rk with clients who have sole proprietorships as well as partnerships and
cprporations, and to guide them through the intricacies of licenses, fictitious names, incorporation,
corporate document requirements, employment agreements, shareholder, voting and buy-sell
agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors
fights. Mr. Beale can give guidance on vendor, service and software agreements, as well as negotiate
and litigate disputes over same. .
On a personal level, Mr. Bade can advise and counsel on all types of matters, including wills,
trusts, health surrogates, powers of' attorney, living wills, and probate, real estate, rentals, name
changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a
client's need arises, he works with the best attorneys in the fields of'matrimonial, personal injury and
estate planning Peal estate closings can take place in his suite, with title work done by associated
counsel.
Clients of the firm are found in the areas of banking, publishing, distribution, marketing,
licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non-
profits, party planning, catering, equipment sales and ~nancing, and employee management and
training He has extensive experience in employment law issues, and spends a great amount of time
counseling companies and their human resources professionals with questions concerning
discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If
such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of
employment law issues.
Mr. Beale is outside general counsel to a national and international distributor of magazines
and books, employing over i 500 persons nationally. Mr. Beale has also represented national
magazine and book publishers, and film and video producers, and has negotiated and drafted
contracts for clients that cover every conceivable area of need, including copyright, trademark, rights
acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and
sale agreements.
He also has extensive litigation experience in state and federal courts all over the country in
all related areas, which include infringements of'all types, libel, slander, invasion ot'rights of'privacy
and publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights
in these areas
INTELLECTUAL PROPERTY AND MEDIA PRACTICE
David A Beale is experienced to handle a wide array of issues and problems in this practice
area, including representation of magazine and book publishers, distributors, film and video
producers.
The areas of expertise covered by Mr. Beale's practice include the following:
Trademark and Copyright Practice - This area encompasses everything from
registrations, development, licensing, infringements and unfair trade practices.
Experience includes litigation of all types, from the Trademark Office to federal court
actions fo~ infiingement action, including the prosecution and defense of preliminary
injunctions.
]~bliahiag - The fu~n has extensive experience in negotiating both magazine and
book contracts covering the following areas: publishing rights, printing, distribution,
licensing and fulfillment. .
Media - The firm can meet ail need in this area, including, libel, slander, rights of
privacy and publicity and all other First Amendment issues.
Television and Film - The firm has experience in development and production deals,
as well as performance and location rights. Experience has included the clearance
for production companies for copyright, trademark and location fights.
Mr Beale frequently develops new approaches to issues and problems, advising clients and
litigating on a national level, while remaining constantly aware of the client's desire to remain cost
efficient in today's economy.
EMPLOYMENT I. AW PRACTICE
David A. Beale believes the most effective way to handle employment ¼w ch/ms is through
a preventive approach. Th/s means that he will work with each client long before any claims nrise.
Ifa problem surfaces, litigation can be handled in a cost effective and professional manner.
In today's business environment, companies are recoffnizing that it is essential for an
experienced lawyer to draft and/or review employment policies, procedures and provide training to
all supervisory personnel. After e~ensive consulting with the client's Director of Human Resources,
or other responsible individuals, in order to determine the problems and issues specific to each client,
Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues
that may arise. These may include one or more of the following areas of employment law:
*Hiring and evaluating employees
*Supervisory training
*Employm~m di~:rimin~tion, and Im'snng'nt
Title VII, ADEA, ADA
*l:.mploye¢ personnel fil~$ and right to privacy
*l:-mployec evaluation
OSe~uri~ issues ·
o Job mf'c~
°Reduction in fon~; t~jnot~$
*Coml~'nmion & wodt acl~lul~
His loss prevention and litigation skills are needed to serve your needs, and work with your
Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No
employer should face today's employment law problems alone. David Beale will always be available
to be your partner in problem solving.
BOARD MEMBER APPLICATION
1993
Please 1 the followini~ infon~ation:
1. Lesl~amei: Name Middle Initial
2. Home Address:' ' Ci~ State Zip Code
· '~,~,~ t.c,.~.~-~,:,,.~ .15 Ivc~.~ I c,~.~'-t~.d,., F~_ "~"'~q~,-'
3. Legal Residence City State Zip Code
4. Principal Business Address: " City State 'Zip Code
6. ~Wha! Bc)~rd(s) are you interested in serving? .
?. List all City Boards on which you are currently ~erving or have p~)iously served: (Please include dates)' ·
S. F2ucational qualifications:
9. List any r~lated professional certifications and licenses which you ho]d:
lO. Give your present,~or most re. cent employer, and pos/t/on: '
i !. Describe experience, skills or knowl.cdge which quali~ you to serve on this board: (Please attach a brief'resume)
l Aerebx cert/~/tbet ail t/~e above steter, e~ts are trve, e;ct !egree ~ ~,cterste~ct tibet ~,
AU0 2.1 2000 z9 )
CITY CLERK
submitted. It will be the applicant's responsibility to ensure tha~ a current application is on file.
199g.1999
11M~-1995
Idcenstd Mo~gage ~b~zT, TM Add~m Morfgnge ~
Top producing Sen/or Loan Officer $11J~on Jn doted Joan Wles yem'-4o-date. Loan
include res~demh.Y co~fo~ mm-~xm/'o~ VA s~l FHA as Mil as Commerch].
deparmanu, itns~nn'olefor tl~gricin~,,~ mleof'lmlk"lMnmles. &mh:zi=dtosmploy
Moflsqe T~& ~
Lu~o,.d/Prope~ Maf,qer
Z)saI Major, B..V21,~ tn.JrMmIw ~d l~l ~.~la~, Okio Skue
· W~ Gom, f~tim, sdfmw ear wash
· Como ~ 24 uait .pm'm=f~ b~,~,_-
· Rfflesions ~-~.:
DfLI. AY IIACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
2. Home Add~ess: ' _.. ' I ~ [ City . / I State Zip Code
lei, ./ [ Slate Zip Code
l
[ 4. Principal Business Address: . ~ ]City ~ [State ]ZipCode _[
6. What Board(s) are you interested in serving?
7. List all City Boards on which you are currently serl'inff'~t' have previously served: (Please include dates)
[ 9. List any relat.ed professional cenifications and licenses which you hold:
i I. D~scribc experiences, skills, or knowledge which qualify__ you to serve on this board: (Pieaseattach a brief resume)
hereby certify that ~en~ a~ t~e, and I #gree and understand that any
in this
m/sst~t of matd~f~ion may cause forfeiture upon my part of
remain on file in the City Clerk's Office for a period of 2 years from the date it was
mi 'tied. It will be the applicant's [~~i~ [~sure that a current application is on file.
AUG 0 9 1999
CITY CLERK
05/2E,/1959 OE~:'"5 5~1271B0555 I']~ CH~M]~EP, COMMEP. CE PAGE 11
JAY HASNER
7284 Via Palomar
Boca Raton, Florida 33433
CASTLE FLORIDA BUILDING CORP.
EXECUTIVE VICE PRESIDENT / SEC I TREAS
R~poneible for:
· Residential/Commercial Division
· Project Coordination
· Management responsIbility for
overall operaUons
PROFESSIONAL QUALIFICATIONS
· Actively involved m building, development
and real estate for 28 years
· Engaged in producbon of single-reedy
homes mulb-family, office buildmg.
shopping centers, lend development and
general real estate
a Florida Certified Residential Contractor
· Florida Licensed Real Estate Broker
· Graduate Realtors Institute
· Member. Instrtute of Re$1denbal Marketing
CiViC I COMMUNITY INVOLVEMENT
· PB Land Development Regulabon Comm~ee
· Member. City of Delray Beac.h Board of
Construction Appeals
· Member. Citizen Task Force
Palm Beach County
· Member, Palm Beach County Impact Fee Review
Board. Palm Beech County
· Member. Delray Beach Chamber of
Commerce
· Past Member, Palm Beach Gardens
Comprehensive Land Use Plan Comm/ttee
· Past Member Palm Beach County
Land Use Advisory Board
· Past Member Palm Beach County
Consumer Affairs Board
· Member, Palm Beach County Cable
Television Task Force
INDUSTRY INVOLVEMENT
GOLD COAST BUILDERS ASSOCIATION
-, President-1985
· Palm Beach County Bu,lder of the
Year- 1986
· Chairman, Governmental Affairs Committee
FLORIDA HOME BUILDERS ASSOCIATION
· Life D~rector
· Chairman. Local Presidents Council
· Member, Legal Defense Fund
· Area Vice Prestclent-1987
· Chairman, Membership Committee-1986
· Board of Directors-SEBC-1982-Present
· Chairman. Warranty Advisory Committee '
· President, Florida Home Builders Warranty
· Execubve Committee-1983-1987
· Trustee, Chairman-1986-1987
· Commercial Self-Insurance Fund
· Oimctor Builders & Employees Mutual
Insurance Company
NATIONAL ASSOCIATION OF HOME BUILDERS
· Board of Directors-1981-1995
RECEIVER
· Court appointed for 45~ St. Shoppmg
Center, West Palm Beach
EDUCATION
· Bachelor of Arts, Brooklyn College
Brooklyn, New York
· Graduate Study. Richmond College
Staten Island. New York
* BOARD MEMBER APPLICATION
Please follow'i~ irEom*ladon:
1. N~me Y. L
2. Hom~-Adcke.~ ~
5. ~me Ph6ne: ' B~ess Phone: E-~ ~J~s: ~ Phone: F~:
6. ~ Bo=d(s) ~c you ~ed ~ ~?
10. Giv~vo~ pr~or mo~ re~ ~pl~, md
) here~ ~ ~ ~ ab~ ~~ ~e ~ md I ~e ~d
~~ APR 18 2001
Note: Th~ appl;c~t/on will remain on ~e in~e,~/p/~e.~'~,~,f:~ce for a per/od of' 2 years from the J'~e ~t was
sub~ It will be the applicant's r~J~~e that a c~rent ~ppl/c~don is on ~e.
James M. O'BHen
1920 South Ocean Boulevard Unit # A
Delmy Beach, Florida, 33483
Objective:
To utilize my experience in a rewarding Executive/Managerial position in
the f'mld of Commercial Real Estate Management, Leasing and/or
Marketing.
Perloflal:
Real Estate Broker, Massachusetts
Real Estate ,Salesperson, Florida
BO. MA. Past President, South Florida Chapter
Residence Telephone It: (561) 276-3700
Cellular Telephone It: (561) 441-1774
Edur~Jon:
Milton Academy, Milton, Massachusetts
Trinity College, Hartford, Connecticut
BA History
Profa~onal ~kills:
~ummary:
· Over thirty (30) years of hands-on experience in Property
Management, Leasing, Marketing and Tenant Improvement
Construction Coordination in Ihe Northeast and Flodda markets.
· Primary focus on Office, Industrial, Retail and Mixed-Usa properties.
· The management of asset portfolios with a dive. iliad product type
end quality.
· The management and supervision of fee managers end leasing
personnel as wall as directly employed managers end leasing
agents.
· The development end implementation of asset redevelopment and
enhancement programs.
· The development end implementation of investment plans and the
on-going management of investment and operating budgets.
Profmional Experience:
1999.Preaent
M.O.R. l=~operty Management
Executive Vice- Preaident
Delray Beach, Fled{la 33483
BeachPlace, General Manager
Fort Lauderdale, Florida
Responsibilities included the overall day-to-day management of a
100,000 square foot Entertainment Center with an attached 800 car
Parking Facility end · 400 room Marriott Vacation Club International.
Primary functions included the fostering of strong Tenant relations as
well es the retention of desirable Tenants compatible with the
Entertainment Center concept. Additional m_;~',onsibilitles extended to the
production of maximum net revenues, cost control and analysis of the
operating statements to enhance ways to improve on revenues and
control of costs. Oversee the internal accounting, marketing, ~ecurity,
janitorial and general maintenance of the Center.
1~6-1098
Codina Real Eetate Marmgement, Inc., Vlce-Prlmiclent
Coral Cdbl#, FJodda
Responsibilities included the management of an existing portfolio of
Commercial Real Estate properties, Investment Sales; Syndication of
New Partnerships and coordinating the formation of new Joint Venture
projects for the Codina Group and its affiliates.
PFK Realty Servicea, Inc., Partner
Fort Lauderdale, Floddll
Director of Management, Leasing mhd Marketing for PFK Realty
Services, Inc. (Please see attached Curriculum Vitae). Additional
responsibilities also extended to Management of Tenant Improvement
Construction for the Company.
1~80-1~8S
Amedcan Tectonlce ~mthelet, Vioe. Prmddent
Bocl Reton, Flodde
Director of Management, Leasing and Marketing earvices.
Responsibilities included the management, leasing and marketing
activities for a regional Commercial Real Estate developer in South
Flodda with over 1,000,000 square feet of Commercial ~pace either
existing or under construction. Additional responsibilities included the
long-range planning for the management, leasing and marketing of future
Commercial. Industrial & Retail Developments, as well as the oversight
of all Tenant Improvement Construction projects.
Johnetown American ~nlea I Con~olidatad CKoltal
Vice.Prllident
Atlanta, Georgia
Director of Management, Leasing and Marketing and Tenant
Improvement Construction, Boston, Massachusetts regional office.
Responsibilities included over 1,000,000 square feet of Office I Retail
~pace located in Massachusetts, Tanrmseae, Connecticut, Michigan and
Georgia.
.!
( * BOARD MEMBER APPLICATION
1alga.se ' kd'on:aa.~on:
~. ~ Address: S~ Zip
4. P~ B~ss Ad~s: ~_ ~e Zip ~e
5. H~e Phone: J B~s Pho~
9. ~a my rda:ai profe.io~l ~m~ ~ ~mses w~&you h;l& '
10. ~ve vo~ pre,;at, or ~st ~ ~pl~, and
Note: Th~s appl~carJon .'ill rema~ on 6lc in the Ci~ Clerk's O~ce for a period of 2 yr. ars from the da:e k was
¢ubmitted. It ~ be the appl~caz~R~;{~l~t~l~n.~u'e r. hat a curre~ applic~or, is on fde.
FEB 2 3 2001
CITY CLERK
314 Northw~t 16th Street, Ddray lkmeh, Florida
Hm (~61) 279-0~6 Cell (S61) S73-89~
EDUCATION
Stmo~ Uaiverdty - Dehnd, FL
Bachelor of Am- 1987
PROFESSIONAL EXPERW. NCE
TaurJeDo & Company ReM Estate, Delray Be~ FL July 2000 - Present
]te~m** hies, msrk~ nd r~on of ruidenthl and co~-~ercitl pro. es in ~t~ I~h~y ~
~ Ocean Ridge, MamJapan, Boynton ]3es~ taxi Bo~ Raton areas tangbxg in value fi'om S29,000,000 -
S50,000. Respons~le for pricing, mm'k~ amlysis, ~lvmising md sales of property for S~lllng Cl~tlt~ It~ well U
Re.a~r Sales, meting and ~tation of residential md comm~ial properties in the Detmy Beth,
Gulfrtrmn, Ocean Ridge, Mamlap~ Boymon Beach and Boca Raton areas rang/rig in value from S29,000,000-
$0,000. Respons~le for pricing, tnarket analysis, edveatising and sales of property for Selling cUcnts as well as
bvestment Equity Com~ 1Manalapan FL July 1999 * Februa~ 2000
Marketing Dh'ecMr Responsible for cre~on and implementation of all marketing ~ and sales of over 60
million dollzrs in properties for ocemxfront Developer Frank Mcgln~-y and JC DeNiro International Real Estate.
Duties included production of the company's web-sit~ and all printed adv~ising, m well ss acting as R~ltor and
r~mtative for all avai~le prope~es
,(
City of Delray belt, D~lray B~.~, FL October 1998-~dy 1999
A~orda~le Ho~r~g.4dedniswawr AdminisU~'on of ~11 Federal, Stst~ and City homeowner purchase
znnu~ r~portin8. Maneg~t of contracU and qrcemcnts associated with tl~ City's housing pr~axms. Coordim~
partnerships with loc~! governments, lend~n8 in~g~ions, non-profit agencies and R~ltors. Attend co~munity and
advisory board meetings he. amy to cant out ~ctivities.
ci~, of Delray Beach, Delray B~cb, FL Octob~ 1996 - Septemba 1998
Act~ngCommas~~me~..Coord/muor Servod as Division Hcad respomible for management,
compl~ce, phnninL bud~etinL implementation and reportins for all Federal, Stm and City srant proarams.
Administration of grants focusing on homebuyer purchsse, housing r, habflitstion, infi'utmctm~community projects
and ~oci~l service organization grant monitoring. Fostemt partnmhip relations with lending ~om, non-profit
qcncies, RcalXors and title oompani~ Within ~ of pFogrsm gO~S. Attgtldod ~ ~ board m~etin?
CI~ ofDelray Beneh, Delmy ~h. FL Dmemnber 1995 - O~ob~ 1996
~a~ ~ Responsible for the overall ;~.~kmentation, eligib'di~, and management of the State-funded
SHIP Program along with assisting in the p~,,,,,,~ng: coord~,',,,t;,~n and mu4tefing ofall other housing program activity
md snnual rcportin~ requirmc~ Attmded oo,~uaity md boerd ~ nooesnry to em'y out ~-tivities.
Dom Comtrmmm, he., Ddray lkach, FL October 1992 - May 1995
Ertcfa~~/~j~$~ Assisted in Rtal Estate acquisition, development sad expediting
for commercial and residcatial general contracting firm. Admlnisu~'on of business/personal domestic and
international financial accounts. Project Supervisor of local mail/office center and Residmaial Construction Field
Assimnt.
® BOARD MEMBER APPLICATION
1993
P1 .e~s. e type Or print the following information:
1. 'Last Name: - Name M.I. ' '
I State Zip_Code
2. Home Address: City flg;t_t~. ~-e~'l'{) ~ F-/ {:56t~3 I
3. Legal Residence: City State Zip Code
4. Prindpal Business Address: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: ~ Cell Phone: Fax:
6. Areyou a registered voter? ~e.t If so, where are you registered? 6o~ ~4~ ~,
7. What Board(s) are you interested in serving? Please list in order of preference:
8, List all City Boards on'which you are currently serving or have previously ,ervecl: (Please include dates)
9. Educational qdilifications: ' ~ ....
i0. List any related pr0feisional certifications and licenses'which Y°u hold:
,~. Give your present, or most recent employer, and P°si~i°n: ....
ll,~ ~i 14eel H~,,' C¢~t..4,~ Ob;ne.,'/
~2. Describe experiences~'skills Or knowledge which qualify you to Sdrve on this board: (Please attach a brief resumd)
Io ~,,.~ PA~,a,.~ , z,,a..3 ,-..~=u..4$,
I hereby certify that all the above statements are true, ~{~"~L~stand that any misstatement of material facts
contained in this application may cause forfeiture upon m-~p~"Bi'~y"atJ~intment I may receive.
CJ~.~..~.,~ ~.~,~o..~ JUN 1 4 2001 c_ ,6~ o.I
SIGNA?~VR.E DATE
$o~e:
This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted, k will be the applicant's responsibility to ensure that a current apphcation is on file.
S~CITYCLERKkBOARDk~kPPLIC ATION
RESUME
PERSONAL
Clayton W~denan
&ddross~
22S N,E. 22 Street
Boca Raton~ Florida 33432
Home Phones
Bueiness~
(562) 392-6644
(S62) 276-4925
Narital Statues Married to H~ac~nth G. (Maq~nle~) W~denan
, One eon, Br~an Karcus Wi~eman
BDUCATXON
1960
Maqnol~a-Hiqh School, Thomasville, Georgia
1962
Diploma
1~65
Barber Science and Hair Designing
Miami Barber and Beauty College, Miami, Florida
Cosmetology Train[n~ Center
Carver High School, Delray Beach, Florida
1973
A.A. Degree
Palm Beach Junior College,
Lake Worth, Florida
1981
Diploma
Make-upArt~stry
Hollywood College of Beauty Culture
Hollywood, Florida
1989
Advanced Education tn Cosmetology
Dudley Cosmetology University, North Carolina
Elected President oft he Graduating Class of
1989
Several certif~ca~es received for advanced
Workshop Tra&n~ng &n ha&r technology.
Winner of ~everal state trophies £or hair
designs and salon techniques.
1978
Winner of Hiss Clairol Hair Color Award
PROFSSSIONAL EXPERIENCS
1972 - Date
Owned and operated His & Hers Hair Salon
Delray Beach, Florida
1972-1992
Owned and operated the first black Clothing
Boutique in Delray Beach. Building renovated
as the Wideman Building for office and retail
space.
ORGJGTZZ&TZONJLZ,/
COMMUNZTY &CTZVZTZES
1968-1970
1968-1973
Member of the Christian Movement for Civic
Action, Delray Beach, Florida
Treasurer/Board Member, Delray Beach
Community Child Care Center
1973-1980
Member of the Delray Beach Christmas Lighting
Committee
1974-1980
Chairperson, South County Migrant Health
Program
1978-Date
Member of the Greater Delray Beach Chamber
of Commerce
1978-1979
Member of the Cosmetology Board of Education,
South County Technical Training Center
Boynton Beach, Florida
2979-1980
~eb. May
1980
Member of the Delray Beach Beautification
Committee
Served on the City of Delray Beach Fact
Finding Blue Ribbon Committee for the Delray
Beach Police Department
1982-1986
1982-1986
Member of the Urban League, Boca Raton Chapter
Member cf the Urban League Board, Palm Beach
County
,98~-Date
~ember of the Orange Blossom Cosmetology
Association
2980-1994
President Cosmetology Unit 15, Delray-Boynton
Beach
1984-1985
Appointed by the Mayor of the city of Delray
Beach on a Task Force for the revitalization
of Atlantic Avenue
1987
1991-1992
1988-Date
1988-1990
1988-Date
Jan. 1989
1991-1992
1992-1995
Oct. 1996-
Date
1992-1995
1995,1qq~
June 1996
~996-Date
1992-Date
Member, Phi Beta Sigma Fraternity, Inc.
President, Phi Beta Sigma Fraternity, Inc.
Member of the Police Community Advisory
Committee
Member of the Partnership Housing Advisory
Committee
Member of the Peach Umbrella Plaza, Atlantic
Avenue, Delray Beach
Advisory to the Adult Education Program
Carver Middle School, Delray Beach,
Florida
Commissioner, Community Redevelopment Agency,
Delray Beach, Florida
Member of the Delray Merchants' Association
President of the Delray Merchantst Association
President of the Delray Merchants~ Association
Member of the Board of Old School Square
Executive Board Member of Old School Square
Appointed to,he Palm Beach County
Workforce Development Board, Inc.
Appointed tot he Committee on Decent
Unbiased Campaign Tactics (C.O.N.D.V.C.T)
Officer of Delray Economic Leaders Political
Co. mitre (DELPAC)
1994
Nominated by the Greater Delray Beach Chamber
of Commerce as Small Business Person of the
Year
AWARDB
2978
1983
1984
1988
1989
1991
1992
1996
Phi Beta Sigma Fraternity, Inc.
Citizen of Year Award
Zeta Phi Beta, Palm Beach Chapter
Continuing Community Service Award
NAACP Outstanding Businessman of the Year
Award
Palm Beach County Black Annual Awards
Outstanding Businessman of the Year
Delray Beach Masonic Lodge 275 Annual
Award for Outstanding'Service tot he
Community
Omega Psi Phi Fraternity, Inc
C/t/zen of the Year Award
Phi Beta Sigma Fraternity, Inc.
Sigma Man of the Year Award
St. Paul A.N.E. Church, Delray Beach, F1
Award for Outstanding Service To The Community
at the 36thAnnual Organizational Tea
Rainbow Fellowship Club, Delray Beach, F1
Appreciation Award £orLoyal Service to
Humanity
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM q'/..- - REGULAR MEETiNG OF JUNE 19, 2001
APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY
DATE: JUNE 15,2001
The terms for Howard Ellingsworth, Mark Little, Kevin McCarty and Lamar Shuler will
expire on July 1, 2001. Mr. Ellingsworth, Mr. Little and Mr. McCarty have all served one
complete four-year term. Mr. Shuler was appointed on May 15, 2001 to fill an unexpired
term. All are eligible and would like to be considered for reappointment. Attendance
records are attached. The term of office is for four (4) years, ending July 1, 2005.
Per Florida Statute, any person may be appointed as a CRA commissioner if he or she resides
in or is engaged in business (which means owning a business, practicing a profession or
performing a service for compensation, or serving as an officer or director of a corporation or
other business entity) within the area of the agency which is coterminous with the
municipality and is otherwise eligible for such appointment. The City Attorney has
determined that anyone who resides within the City limits is eligible for appointment. A
person cannot hold any other public office other than his/her commissionership or office with
respect to the Community Redevelopment Agency.
The following have submitted applications and would like to be considered for appointment:
SEE EXHIBIT "A"
Based on the rotation system, the appointments will be made by Commissioner Archer (Seat
#2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor
Schmidt (Seat #5).
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.
Recommend appointment of four (4) persons to the Community Redevelopment Agency
with all terms ending July 1, 2005.
s board commission memo cra 6 19 O1
COMMUNITY REDEVELOPMENT AGENCY APPLICANTS
EXHIBIT "A"
· David Beale
· Christopher Brown
Ilyne Cooper
· Robert Currie (current member on BCA)
· Janine Dabney-Battle (current member on BOA)
· Evelyn Dobson
· Gary Eliopoulos (current member on SPRAB)
· W. Howard Ellingsworth (incumbent)
· Joseph Fetter
· Stefanie Gapinski
· Robert Gillespie
· Lula Hayes
· Mark Little (incumbent)
· Kevin McCarty (incumbent)
· Richard McGloin
· James O'Brien
· Joseph Pike
· Angela D. Randolph
· Sharron L. Ronco
· James L. Shuler (incumbent)
· Jeffrey Silberstein
· Michael Simon
· Josh Smith, Jr.
· Dinah Stephenson
· Nancy Stewart
· Alfred Straghn
· Jean Sylvia
· Kevin Warner
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1,t() ~
4. I'rincipal Busin-e-~;
s.
6. Whal Board(s);irc you hllcrcslcd ill SCI'VilIg? ~.~.
¢'ity
~tat¢
8 I l{ducalinnal qualilicnlioii~i: .............................
J misstatement of material facts contained in this application may cause forfeiture upon my part I
{.~~ppoint~ may receive.
This al:plicidi(m ,,viii remai, :m file in lite {'il}, ¢'lcrk's ¢ )l'llcc Ibr ;: pcri::d (:!'2 yom.,, fi'om iht dili¢ il was
submillcd. II will hc Iht al:plic:ml'.s rc.sl~On.sihilil), hi crt.sure ihal a currcnl iq~lqicali:m is (iii film
FL,ORIDA AND ~ YORK
DAVID A. BEALE, P.A.
Law Offices
355 NE 5~' Avenue - Suite SI
D~Iray Beach, Florida 33483
TELEPH ONE (~6 !) ~¢ t - 1 ,t77
FACSIMILE (S61) ~1~.S166
EMAIL dib~ 8(~)comclLeclu
CZ~IJ)HOb,~
N~F YOi~: OPPK~:
THIRD AVRN'I~ - 29TH FLOOR
NL~W YORK, NE~ YORK 10017
o~ (~) ~-~
DAVID A. BEALE
David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School
(I.D. 1974, Law Review 1972-74). He is a member ofthe New York Bar (1975) and Florida Bar
(1990). David Beale is a member of The Florida Bar Association, New York State Bar Association,
and Association of the Bar of'City of New York. He belongs to the Entertainment Arts and Sports
Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the
Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the
Intellectual Property Law Section of the New York Bar Association.
Mr. Beale has spent his entire career representing the needs of small businesses and their
owners, the sizes of which range from start-ups to companies with $100 million in sales His practice
encompasses all types of corporate, partnership, employment and commercial agreements, including
leases, property purchases, and financing agreements, as well as all types of litigation that relate
~$hereto. He is able to work with clients who have sole proprietorships as well as partnerships and
corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation,
corporate document requirements, employment agreements, shareholder, voting and buy-sell
agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors
fights. Mr Beale can give guidance on vendor, service and software agreements, as well as negotiate
and litigate disputes over same. .
On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills,
trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name
changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a
client's need arises, he works with the best attorneys in the fields of matrimonial, personal injury and
estate planning Real estate closings can take place in his suite, with title work done by associated
counsel.
Clients of the firm are found in the areas of banking, publishing, distribution, marketing,
licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non-
profits, party planning, catering, equipment sales and financing, and employee management and
training He has extensive experience in employment law issues, and spends a great amount of time
counseling companies and their human resources professionals with questions concerning
discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If
such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of
employment law issues.
Mr. Beale is outside general counsel to a national and international distributor of magazines
and books, employing over 1500 persons nationally. Mr. Beale has also represented national
magazine and book publishers, and film and video producers, and has negotiated and dried
contracts for clients that cover every conceivable area of need, including copyright, trademark, rights
acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and
sale agreements.
He also has extensive litigation experience in state and federal courts all over the country in
all related areas, which include infringements of all types, libel, slander, invasion of rights of privacy
and publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights
in these areas.
INTELLECTUAL PROPERTY AND MEDIA PRACTICE
David A Beale is experienced to handle a wide array of issues and problems in this practice
area, including representation of magazine and book publishers, distributors, film and video
producers
The areas of expertise covered by Mr. Beale's practice include the following:
Trademark and CoRvright Practice - This area encompasses everything from
registrations, development, licensing, infringements and unfair trade practices
Experience includes litigation of all types, from the Trademark Office to federal court
actions fo~: infi'ingement action, including the prosecution and defense of preliminary
injunctions.
~ - The finn has extensive experience in negotiating both magazine and
book contracts covering the following areas: publishing fights, printing, distribution,
licensing and fulfillment. .
Media - The firm can meet all need in this area, including, libel, slander, rights of
privacy and publicity and all other First Amendment issues.
Television and Film - The firm has experience in development and production deals,
as well as performance and location rights. Experience has included the clearance
for production companies for copyright, trademark and location rights.
Mr Beale frequently develops new approaches to issues and problems, advising clients and
litigating on a national level, while remaining constantly aware of the client's desire to remain cost
efficient in today's economy.
EMPLOYMENT LAW PRACTICE
David A. Beale believes the most effective way to handle employment law claims is through
a preventive approach. This means that he will work with each client long before any claims arise.
Ifa problem surfaces, litigation can be handled in a cost effective and professional manner.
In today's business environment, companies are recognizing that it is essential for an
extmienc~ lawyer to draft and/or review employment policies, procedures and provide training to
all supervisory personnel. After extensive consulting with the client's Director of Human Resources,
or other responsible individuals, in order to determine the problems and issues specific to each client,
Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues
that may arise. These may include one or more of the following areas of employment law'
'Hiring and evaluating crnploy~s
*Supervisory Iraining '
*Employment discrimination, and harassment
Title 'v'IL ADEA, ADA
"Employee personnel files and right to privacy
"Employee evaluation
*Security issues ~
*.lob safety
*R~luction in fome; re~nginoering
*Compensation & work schedules
*Employee Compensation & fringe benefits
*Employmenl l~.-rmination
SEmpioyment oontracts & agreements
*DF~g testing
S~lo smoking policies
*Disciplinao, prosrums nnd _pr,~_~_utcs
OFnmily ldedic~! Lenv~ Act
His loss prevention and litigation skills are needed to serve your needs, and work with your
Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No
employer should face today's employment law problems alone. David Beale will always be available
to be your partner in problem solving.
1993
Please type or print the following information: '
State Zip Code
4. City,., . / ' ,,. '. fl*ate. Zip Cod. e ..,
Prin~ B~s Ad~/~ss: .
Home Phone
5. : ~-~t/_,,2.~//,~,~, Business Photfie~;//,,~//,~ F~.~../,~jr
!
~. ~i~ ~I~ C~b' ~o~ms on ~ni~n you ~ ~t~ ~ing or ~v~ ~v~s~y ~d: (?I~ in~m~ ~) . I '
......
8. ~ucational quahfications:
9. List any related prof~sional ce~Jficafions ~d licenses w~ich you hold: '
!0. Gwe your present, or mosx recent employer, and position:
Il'. Describe ex~rience~' skills °r kn°wle~ge w"ich qual" Y~;s~ °n this b°"d: ~h , brlefrcsume)*/~ '~
I her~b~c~at all the above statements are true, and I agree and unde~tand that any
m~a~ent ~aterial fa~s contained in this application may ~use ~eiture upon my pa~
~f a~/ap~,oin~e~ I may receive. ~EOEIVE~
CITY CLERK
Note:
This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~'~IT~ CLEIM~'~OAJ¢D~'PLIC ATI ON
CHRISTOPHER J. BROWN
218 N. W. Ninth Street
Delray Beach, FL 3344.4
chrjambrown('~ aol.com
(561) 265-1148 and (561) 265-1419 fax
PROFESSIONAL DEVELOPMENT
Chris{ol)her J. Brown & Associates Delray Beach, FL 2000-Present
President o/' consulting firm specializing in planning, market research, economic analysis, and urban
development
Deh'ay Beach Community Redevelopment Agency Delray Beach, FL 1991-2000
Execuh~e Director of Tax Increment Financing District, concentrating on commercial and residential
rcx itahzation of the dox~ntown and adjacent residential neighborhoods.
Court RealO' and Development Boca Raton, FL 1983 - 1991
President of real estate development and consulting firm, specializing in residential, stnglc-famil.~ and
mult~-famdy pro. leers
Carol)eau Corporation West Palm Beach, FL 1980 - 1983
Florida Regional Vice President of international real estate development company, concentrating on large
scale, ocean-~ront condominiulns and golf course communities.
Christopher J. Brown & Associates Houston, TX 1975 - 1980
President of consulting firm speciahzing in planning, market research, economic analysis, and urban
development
MitcheU Energy' & Development Corp. Houston, TX 1973 - 1975
General Manager of diversified residential, conunercial, and industrial real estate development company
Company developed new town, "Woodlands."
EDUCATION AND OTHER EXPERIENCE
Master of CiD' Planning, University of Pennsylvama, School of Fine Arts and Wharton Business
School, Master of Architecture, Universi~ of Pennsylvania; Bachelor of Arts, Fine Arts. Yale
University: Adjunct Professor, Rice University School of Architecture, University of HoustOn Law
Memberships: Florida Redevelopment Associatio~ International Council of Shopping Centers, Urban
Land Institute, Congress of New Urbanism, and Council of Urban Economic Development
Boards: Palm Beach County hnpact Review Board (1994-present), Florida Redevelopmem Association
(1995-present). Palm Beach Photographic Center (2000-present), Palm Beach County Overall Economic
Development Board (1996-2000), Business Loan Fund of the Palm Beaches (1996-present) and Pahn
Beach County Convention Center Task Force (1997-1998).
Licensed: General Contractor, Real Estate Broker; State of Florida
Language: Spanish
® BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Las~ ~qam;: ¢~(~9ff~- Name ~ L ~ ~ ~ ~ i.
3. ~g~ Resident: ~ ~ ~ ~ ~ ~ State Zip ~e
4. P~dp~ BusNess A~ess: ~ ~ ~ State Zip ~e
5. Home Phone: BusNess Phone: E-M~ Address: ~ Phone: F~:
6' ~e Y°U a rendered v°ter? ~ If s°' where ~e Y°U re~Uer~?lT/--a ~~ ~
8. ~u ~ O. Bo~& on wNch you ~e ~en~ se~g or have pre~om~ se~e& ¢le~e ~chde &res)
9. Educafionflq~fions: l~'_I ~ e ~ ~ .
10. N~ ~ r~ted prpfession~'c~ifi~tions ~d ~nses w~ch~u hold:
11. Give y~ pr~ent, or ~q~ re~nt empl9yer, md position:
12. Descfi~ ~pefien~s,.s~s or ~owle~e wNch ~mli~ you to &e~e on ~s
I hereby ~ ~at ~ ~e a~ve ~atements ~e ~e, ~d I a~ee ~d ~der~md ~at my ~s~t~ent of matefi~ ~a~
~ HAY 29 2001
Note:
This application will remain on file in'~.~ t3ky'~'l~)~fice for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
$\CITYCLERK~BOARDkAPPLICA?ION
" , '......
· lJJJJt CITY OF DELRAY BEACH
( q J J l,,, BOARD MEMBER APPLICATION
in.ronn~on:
, ]~oar~ off you ~
j-J' Educe:ion~ quai/ficatio, l: -
jg. l,,.i~ ar), rel~..: l:,to£e,~io.~l ¢¢rl~i~don~ an~ li~ ~ y~ hold: .......
J 10. Give ~our P~L or ~o~ ~t"~pi~,~, ~ ~i~on': ' "
l 1. ~ri~ ~en~ skills ~ ~w~ge which q~ ~ W ~ ~ ~b ~: (PI= ~ a ~me)
hereby cf, T/A/that all ~ha above statements ate true, an# ! mgtee and unde,-stand that an.v ,
m~tat~.ment ~ ~ter~l ~ ~n~lne~ In.~is appt~on may ~use ~ftu~ u~n my ~ i
J ot~ny
{ppoIn~ Z m~y mCa/v,. RECEIVED
su~i~d. It ~ ~ ~e ~pUc~'s r~ffi~ ~ ~ ~t n ~m ~on ~ ~ file.
EODEI~T G. CUI~I~IE, AIA
Senior Designer
Robert G. Curie i~ =he ~u~l~ ~incIpal ~e a~ch~ral R~ EODEET
G. CUE~IE FA~E~SHIF, ~rl~ ~obc~ G. Cu~l~ & Ae~e AIA, F~
aha Cu~ 5chn~er ~~, AI~ F~ ~ ~inc~ ~ 1969 ink,ion
Un~c~, Gr~ School ~ D~n i~ l~D a~ a Dach~lor ~
~ch~re ~om ~hc Un~ ~ Minn~ iff 1~2. Mr. Curfic ~
~ as afl a rch~ral ~io~l ~ NCAKD a~ ~ b~n
~ ~ iff ~e ~ ~ F~r~a. ~nn~, IIIino~. ~h~, Maine, New
Over She ~oureg of hi~ ~ional car~r, Mr. Cubic
~~!, ~m~l ~ h~p~l~ e~ h~r~l ~r~ion
~i1~, in b~h ~g Un~ 5~ m~ abroad. H~ kno~e
~io~l d~n aha tone,on wa~ d~lo~ ~ro~h proj~ in
M~ale ~=. A~=ral~. C~ral A~r~, Chi~ end ~e Un~ EIMaom. In
~d~on, he ~h~ ~ ~c UnWem~y ~Sydn~ (A~al~), ~c UnWeary
~ M~mi (FbK~) and Flor~a A~c Unk¢~y.
Mr. Cunt'9 goal
achi~ In
ewarde ~ h~ c,~. Mr. Cu~ ~ ~ fl~'e ~incipal d~n~r and
r~ponelblc ~r ~o~ ~hro~h ~e d~n d~lo~ p~ee. In 1990.
h~ r~ th~ Am~r~n Inet~ ~Arch~ Faire D~ch C~r Award
~ Honor ~r
~ently, ~ firm wee honor~ ae th~ Fi~ ~c Y~r ~00 ~c Flor~a
P~t
Dse~n A~ar,~ C~,",-'~
BOARD MEMBER APPLICATION
1993
Please type or prim the followint information:
I. LasL~ame:: Name lVliddl¢ Initial
2. Home Address:' City State Zip Code
3. ~g~ Residence Ci~ S~ ~p C~e
4. ~cip~ B~ess Ad.ss: CiU S~ ~p ~e
6. W~t B~(s) w~ ~ou ~t~rea~d in ~inS?
· , ~ ~ · .
~. 4i~ ill Ci~ Bo~ds on which ~ou ~ ~umentl~ jewing or hlv~ p~iousl2 ~w~: ~1~ inolude ~les)' '
~ ~ ~- .
$. ~u~tional qualifi~tions:
9. ~i~ ~V ~ia~g pro~ssional ~nifi~fio~s ~d li~n~s which Vou hold:
i !. ~sc~ exigency, skills o~ ~wl~c which ~li~ 2ou to s~c o. ~is ~:
' -
~ here~ ce~/~ that a//the abo~e stateme~ are t~e, ab~ ~ agree a~d
AUG 2..1 2000
CLER Am
remain on a the date it was
submitted. It will be the applicant's responsibility to ensure tha! a curren! application is on file.
19~8-1999
1~6- !P98
19P.¢.1996
1~89-1995
1985-1~89
-danine Dabney.Battle
o.~ each, Ft., aa44s
Fax s~1.e~7.8170
~ Ptleee
~d Mortgage Brolter, ~ Addi.~t~t M~ Group
Top producing Senior Loan OftSce' $11 l~rallion in ~ loan ~l~ ~ar -to-dat~. Loaa ~
i~ud, ,nid~.~ c~fo~ aon-~aforaing VA,ad FHA u ~I! u ~.
Mmn~ge TrB~ing & Piamnnmt
Major, B..~A tn Finan~ and Rtal F..tettt, Ohio ~a~te
· B~rd Member, Delray Rocks Youth ~on
· V'J~e Chair & ~ ~, ~y P~ ~.
· ~,~~~~~
· ~,~~~~B~
· ~,~B~~~~
· ~, ~~~W~
· ~,~~~~A
· l~flexious ~
05/04~01 FRI 08:37 FAX 561 243 9242 REL
BOARD MEMBER APPLICATION
1993
I~] oo2
~or~n:
No~: TI~ application will ~ on .5 period of 2 yeah from the date ,t ~as
mkm~re, el. h ~'11 he ~ anolicant's resoomlbilkv to emure that a curtain application is on file.
130 NW 3~ AVE.
DELRAY BEACH, FL 33487
(561) 276-3593
EVELYN S. DOBSON
1994-CURRENT
· Ifeei that l am best qualified for lhe open ~eat on lhe CRA Boardbased
upon many factors, including my current ttvolvement with a Property
Management Company located in Boca Raton, Florida.
· Forlf~elast three yeam l have functioned as Chief Financial ~ for
my current employer, Community Association Services, Inc.. In my
position as CFO, it is my respons~iity to oversee all of lhe financial
income was 3.5 million dollars, which was an increase of approximately .5
milion dollars o~er ~e previous year. My hvolvement h lhat increase
· In addition to my respormibi~ as it relates to b'~e corporation ~, as
Chief Financial ~, I am responsible for overseeing a staff of eight
individuals who work in capacities of accounts payable, accounts
recelva~:~/legal, and accounting managem/ful~ bookkeepers. My
accounthg managers on a monlhly basis produce over 125 financial
corporations not-for-p~-c.';{. These financial ~E, merfls are reviewed by
me and distrixded to rnernbers of Ihe Board of Directors where lhey am
relied upon by the Board as it relates to the ongoing business of the
~. In oonjunctkxt with Ihe preparal~on of lhe monlhly financial
corporations so that there is proper planning for the future regarding
Community Asscx=iation Senses, it has allo~ed me not only to be
· Community Association Servic~ has had lhe pleasure of working with
03. xe. oo Tt~ xo.s2 FAX Sex 243 3??4 CX.~ ct.nfs ..~'/;~'/~2.-i~co:
Cl'~r OF DELRAY BEACH
BOARD MEMBER APPI. ICAI'IO,.~~ ~
Please tT~e or print the foXIow~ng
1. ~ N~:
Eltopoulos [ Gary
2. H~ A~: [ Ci~ _
3~4 ~ 7th Street
3. Ltg~.~i~ same ~ Ci~
Pr~ci~ ~~ ~: [ Cit~ _ .
4 205 George Bush Blvd. [ Delray Beach
~. Ho~Phone: ..... 243-9196 276-601
6. What ~a~s) ~ y~ i~d ~
33444
· Fax:276- 6129
7. List all Ci~ Boards on which you am ctmmntiy tory':ns ~t have prc~,ously serve: ~lcm¢ inclmld da:es)
Pianning and Zoning - current
8. Edu¢~ionai qualif~l/om:
see resume
Li~ any related pr'of~ssion~t c~rtificaxions and ~icenses which yeu hold:
Architect, certified Florida, NCARB, A.I.A.
ii0. Give ~'our present, o~ most recent employer, and position: '--'
' Eliopoulos & Associates, Inc. - Principal
11: D~rib~ ¢~l~ri~.a, skilh or lmowl~ds~ which qmJif~ yo~ to ~'~¢ ~ ,.hi~ 'board. (?l~s~ ~u~da ~ bri~fr~am~)
i t he,by c~.~%e~l~he above .~a~emen~s are ~ue; an~ I eg~e and under, nd the~ any
[~ate~qnt~ mat~ai ~ ~ntained In ~ls eppli~on may ~use ~ffeiture u~n my
~Ctty O~k's Offic
HAY 1 6 2000
CITY CLERK
GARY P ELIOPOUI~S
CURRICULUM VITAE
PRINCIPAL
Mr. Eliopoulos has been practicing archltectur~ in the state of Florida since 1985, during which
time he has developed an acute portfolio of work and Imowledge pertinent to hospitality and
commercial development.
EDUCATION
Bachelor of Architecture, 1985
Special European Smd/es program, January - June 1983
HARVARD UNIVERSITY SCHOOL OF ARCHITECTURE Continuing F. Aucation
Program, September 1979 - June 1980
REGISTRATION
Architect: Certified: Florida 13894 NCARB,//AR 0013894
PROFESSIONAL AFFUAATIONS
Vice Chair
Vice President
Member
Member
Former Chair
.Former Member
EXPEilIF~NCE
City ofDelray Platming and Zoning
Pineapple Grove Main Street
School Advisory Council, Pine Grove Elementary School
Design Guidelines, Pineapple Grove Main Street
Large Home Task Force
Leadership Delray
Mr. Eliopoulos has an extensive portfolio ofexper/ence and knowledge pertinent to project
management and multi-d/scipline ~*m coord/nation for a variety of project types. His
experience with local, municipal and federal agencies in the areas of code research and
interpretation, constn~on document development, project implementation and ability W
coord/nate with a multitude of consultants insures that each project is delivered with optimum
efficiency and thorough detail with design.
Most recently Mr. Eliopoulos cotnpleWd preUminaty design for the Cham~ Professional
Center, a $4 million, 75,000 square foot project, this project is expected to be completed in the
Fall of 2000.
Other experience as a former panner with the Robert Cunie Partnership, to Mr. Eliopoulos'
credit, included his management responsibilities on thc $8 million St. Andrews Country Club
expansion and renovation where he managed a multi-discipline ~_~,n of consultants and
contractors as well as an extensive permitting effort over a three year period. Mr. Eliopoulos
also served as the project manager for the U.S. Embassy in Beijing where he worked closely
with the eo~neering team and representatives from DOS' IDF ~nd architectural divisions to
produce and manage the projects $3 million imerior renovatio,~
Prior to his position with the CArnie Partnership, Mr. £1iopoulos served as primary architect for
one of the east coast's most successful commercial/hotel developers. While associated with
Ocean Properties Ltd., Mr. Eliopoulos was responsible for preliminary site and building design
for hotels, offices, retail centers, restaurant and multi-family projects, as well as mixed use
projects. The diversity of Mr. Eliopoulos' experience is further defined through his involvement
with the site plan approval applications, presentation drawings, development of contract
documents, on site project admir~istmtioa, and CAD proficiency.
ELIOPOUI~$ & ASSOCIATES, INC.
RELATED EXI~EI~ENCE
HOLIDAY INN, WIGUI~AND BEACH
This 200 room hotel project will include an interior and ex~-rior ~novation to
encomlmsS a contemporary design. The esrlrnn*__~ budget is 1.2 million with a
completion date of Spring 2000.
SUNSET ~Y SPA, k'g~y WEST, FLORIDA
Currently in the preliminary design/s~ plan approval plutse, 6,000 square foot health Sl~
with a Polynesian theme, surrounded with water features located on the island of Stmset
Key, is scheduled to be completed Spring 2001.
BAR HARBOR BEACH CLUB, BAR HARBOR, MAINE
This new 80 room hotel project will be a nautical design in which the site is situnted on
the hill overlooking the harbor. Currcn0y in for building permit, with a completion date
set for Fall 2000.
LITTLE MERMAID RESTAURANT, DELRAY BEACH, FLORIDA
This 3,000 square foot renovation of the old Howard Johnmn stmctm~ was stnned in
July 1999. It involved gutting the existing structure and incorporating a tutor style of
architecture for the exterior. Completed in December of 1999, with a budget of
$360,000.
SOLOMON D. SPADY MUSEUM, DELRAY BEACH, FLORIDA
This historic residential structure is currently in for building permit, in which the existing
structure will be converted into a early setters museum, featuring historic period
gnndcm. Scheduled to be undm' construction March 2000, with a estlm-,_~ budget of
NATIVE'S B~,UAMIAN RESTAURANT, DELRAY BEACH, FLORIDA
Consists of the renovation oftwo sUuctm~ connected with courtyards and thatch huts
for a authentic Bahamian island experience. The restauram is approimatly 3,000 sq.ft.
and seats 290 persom, scheduled to be under construction May 2000, with a estimated
budget of $$00,000.
SUTrES HOTEL, DELRAY BEACl~ FLORIDA
Currently in the preliminary design/site plan approval phase, this 78 suit~ ho~.el located
at Waterford Place, is scheduled to be under e, onstmction Fall 2000.
MARRIOTY, SALT LAKE CITY, UTAH
This is a full sevvi~ hot~] with 450 rooms and mil b~ s joint v~tm~ with Oe,~m
PropeTtics Interior l~sign firoup. The ~ ofs~rvices provided by Eg:A will only
~-~compass int~iors.
HOWARD JOHNSON HOTEL, ORLANDO, FLORIDA
This is the first phas~ ora int~ior r~novation which enc, ompass~ a 14.000 s.f. lobby,
banquet facility, lounge, and administration ar~s. Compile! in Spri,~ 1999.
BENVENUTO RESTAURANT, BOYNTON BEACK, FLORIDA
This is a 23.000 s.f. restamant with banquet facilities that was comply-ted in December
1998. The scope of services for this proj~t was limited to int~ior d~sign and
construction administr~o~
V~ESTON OUTPATIENT CENTER, WESTON, FLORIDA
This two story, 40,000 square foot medical offi~ buildings shell was completed in
Now-rnl~r 1998.
I)O~OW~ omcE BUILDING
This 40,000 SClUar~ foot mixed use offic,~ building/n downtown D~lray Be, ach, is in it's
second pha~ ofr, onstruction. The sh~ll was completed in tl~ Spring of 1998, at an
~timated budget of $3 millio~
BELLING EMBASSY, BELLING, CmNA
The intcri~ renovation ofthls 54,000 squar~ foot Amc'Tie, an £mbass-y entailed retrofitting
a 1947 o~cc building to me~t thc stringent requirements of thc U.S. Sram Dcpartmc~
while simultaneously mtesigning the entire interior with a contempora~, theme.
Ctm'ently out for bid, with a completion date set for Spring 2001.
DELRAY BEACH CITY II.~.LL RENOVATION
Involvement included job awarding ~tion to City Cot-minion for the proposed
envelope enclosure. Respons~ilities involved desi.tming a ~ that would be able to
be co~ while allowing the city to maintain normal operations.
ABC CARPET AND HOME, DELRAY BEACH, FLORIDA
Full interior conversion ofthls $8,000 square foot muehous~ to an in. or showcme.
Project was completed in December 1996 with a budget of $1.2 million.
Selected examples of hospitality projea experience include:
CATAI~tNA CENTRE HOI.IBAY INN, Boymon Beach. Florida- a 120 room property
with full restaurant, conference and lounge facilities.
SOUTH PORTLAND MARRIOTT, South Portland, Maine - · 287 room property with
ANDOVER MARRIO~, Andover, Mass~h~ - a 332 room property with full
PIRATES COVE HOLIDAY INN, Paradise Island, Bahamas - a 600 room full service
HOLIDAY INN ~, Chinle, Arizona - a 120 room property with full restaurant,
conference and lounge facilities.
MARRIOTI', Bar Harbor, Maine - n 160 room full service property.
FAIRFIE~ INN, Bangor, Maine - a 200 room property with full restaurant and lounge
facilities.
FAIRFIELD INN, Phoenix, Arizona - a 200 room property with full restaurant and
lounge facilities.
Additional selected examples of Mr. Eliopoulos' retail and commercial projects include:
Pete Rose Ballpark Cafe, Boca Raton, Florida- Attached to the Holiday tnn Lakeside,
this 14,000 square foot restmxmnt averages 1,300 lunches/dinners each day. In addition
to a 200 seat resta~ the fncilily also house one of the area's most successful video
Pete Roee Ballpark Ctf'~, Boynton Beach, Florida-Attached to the Holiday
a take-off of the Boca Ratoo restaurant, this one is 7,000 square feet, with gi/hhop
SL Andrews Clubbous~ Boca Retort, Florida-Completed in 1996 this 120,000 square
foot renovation included sports sboppes, health cJub/gym, restaurants & many other
Lakeside Center, Boca gaton, Florida-Completed in 1989, this 165,000 square foot
up com'lruction) relail complex oontains Serviee Merchandise and Marshall's as its
anchor tenants.
Delray Crossing, Delray B~ac~ Florida- This 180,000 square foot retail center was
complete in 1990 with Ross, Target, and Office Max's as anchor tenants.
Builders Square, Delray Beach, Florida- Part ofthe master plan of Waterford Place, was
completed in 1993, was tilt-up construction of 120,000 square foot warehou.w./retail.
Catalina Centre, Boynton Beach, Florida- Was a PUD that involved 250,000 square feet
of retail, a 400 unit aperient complex (Savanna Lakes) & a 160 Holiday Inn Hotel.
The Hibiscus Restaurant, Palm Beach Gardens, Florida- This 18,000 sclua~ foot
restaurant was completed in the summer of 1998.
Ostermann Sausage Co., Delray Beach, Florida- This 18,500 square foot, food
processing plant was a renovation that involved converting a 1950 abandon bowling alley
into a I:~A approved plant.
The Coffee Beanery, Coral Springs, Florida- This 2,000 square foot coffee shop
was completed in the summer of 1998.
The Haitian Museum, Delmy Beach, Florida- This 1,000 square foot museum with
memorial tropical gardens, is schedule to be constructed by December 2000.
p£LRAY BEACH
BOARD MEMBER APPLICATION
99.!
?le~ ~ or pr;.~ ~ {o~lo~:tg inform~on=
Note: This applic~on will remain on file in the City Clerk's Offl~ for a period of 2 ye'ars from the date it was
submitted. It will be the applicant's resp~rll~ ~l~l~}at a current application is on ~e.
S~'TYC~.~tGGOAN:~,AN~ IC~
NAY ! 8 2001
CITY CLERK
BOARD MEMBER APPLICATION
s~te
zip
(
-gF ~s~ny mi~ pro~s~onll ~nifi~Tions ~nd lice~s. ~;ch ~ouhold: ......
1o- ..... .. · ,, .- ,, ,
1 [)cSrD~ ~enCes, ~i~or ~o~ i~Se which q~Si~ you~ ~e on ~is ~atd: (Pi~ ~ n b~ef resu c~ '
Y// , c,rvct .K. ,,
~b~n~. It ~ll b $e ~plic~t s ~ib~ to ~e ~ a ~en~ ~li~on ~s on ~c.
· 0~/19/2~.~01 10:58 5&12780555 DJ3 ,::~X~P, COMr~P, CE P~GE 03
.JOSEPH E. FERRER
1420 North Swinlort AYenu¢
D¢ltay ~each, FL 33444
(~61} ~7~8085
OIJECTIV~
Provid~ admini~lration Icade3hip fm a commerci~ or nonprofit or~a~tio~ to rtrcngth~
community / public ~ and tuml pod[on, through prio~ty I)~annir~ innovaUv~
rrmrkcUng and Ibc e~tablishment of private / public scdor r~ationships.
QUALIFICATIONS & EXPERIENCE
Twenty five ycars of r. ults*orienl~ experience, with eqmtiK i~ the followin~ ~
~clminidralion h4am~ment
Financial An~y~is and l~ud~tin~
Business and h4arkdi~ Plan Development
Personnd Hirin~ and Tmini~
St/NSET ENTERTAINMENT GROUP, INC.
Del~j, Beach, Florida
1997 - P~nt Preddent and Owner
· Marking Coordination, ^o%,~rti,~ Z)ev~dopmml a~ Tickd clidr~bution for
Boca IVlu~-,nn of Art - Rznoir F..xhibtl, 1999.
Rusin~.s Administm#on and h4ark¢lJn~ for an alM'nath, t he, th clinic, New Peri
IUchey. FL Th~ staff inclu4ed ~ o m~ical doritos and ~ s I~alth rapport staff.
· De,,do~ and p'oduced tl~ IVla~,tir~ ami Fundr~isir~ Ivlanual for tl~ Rorida
AA4in .'$1~ a ~ of the Bureau of Hirtorical Pr.evalton, Slate of Florida. This
menud wes dutribut~! to ~ 80 ~n ~ communlUes Ihro~hout tJ~ 5tare.
PALM IEACI-I POP~ o Palm ~each, Florida
FLORIDA SYA4PHONIC POPS, INC.- Bec,~ Ralon, Florida
1999 - 1997 ~nl ,end Chief EXL'G~e Offim
° ~11 business and fiscal adminidraUon of a non-profit cultural performJnf arts
oejmiT~on, im:luclme an 86-picot eKhcsh-a. 10 staff and 33 member voluntecr Board of
I)irector3. Rdir)ed playir~ dandards of musiciartship and participated in successful union
Mgotiafions. SUlXrdscd OClMnSion, restructmn8 and adol~ion of new corporate by-lawJ.
* Devdop,~i mdtl-,j, ur 6usinm plato to adclm4 Soak of fiscal sta~l~ ami rc.'vmue
ffrowth ami nqloUat~ and imi~emmted ftMlized con~ for local and natJorlai taint
within the 8uicldirKs rrt, d>lished by refulatory aft'nd, 8ove~nf privatc, not. profit
· Speared master hJnd-rais~n; ~ for individual dora#om. -~PI~ ~roups,
prt~¢ fourK~tion ~fts, smell I~ne~ and coqx~te centributiom. Wrole ~nd pru~nted
frant requests for operaUonal fu~dl~ tolalin~ over Ss'sO, OOO annually.
ZOOLOC~ICAL .~)CIETY OF FLORJDA / MIAMI METROZO0
Miami, Fbrida
~98~ - ~99~ - ~ Vice President, Director of De~lopmcnt
· A4a~ staff of 6:~ and a 33-member volunteer board of diredorJ. Eruured that
Ibc cwgenLMfion operated at peak productivtly anti conducted its financial affairs tn
· Fostered the sodety's oqmn~lon from a ffross revenue base of $900,000 in 1989 lo
more than $ 6 million in 1999, via development of a master fundmisi~ dructure for
Supervised more Ihan $15 million in capital lmprovur~n! projects et A.4e~Zoo,
indudin~ bid nego~tiom for constnjctJon coUlrdcts, on-ak manafem~L and on-goJnf
~aJnt~nce
Engineered membership cxperLsion bom 1,800 to mon~ ~ 65,000, and
established th~ Society as ouc of thc re~ion's prt'mi~ noR-profit organimUoru.
10:58 5512780555 I'~ OHAM~ER COMMER~]E
PAGE
RI:LCHEK OIL COMPANY
Miami, Florida
1980 - 198~ Director of Public Relations and C~ovemmcnt Affairs
· I)evdoped and implemented multimi'dion-doflar annual budgets and markelinf
plans encompassing public relations, corporatt communications and advmisins.
Coordinaled all media conlacts, operattn~ from lermln~ls covmt~ eeo~phic area
from Boston, ~ to ~ Christi, TX.
* Add as liaison between federal and dale le~islator~ re~ardin; matters cenceminf
the oil industry. /vlaintained a posiltve and preductive wedd~ relaltonship with
~'eulatory 8oeemirJ~ aeencies.
UNITED WAY
Miami, FL~ New York, NY, Washinilon, DC, ~riffith, IN
1974 - 1980 Senior Campaifn Manager for FundrdidJ~f / Afency DcYelopment end
" Developed multtmillion~ollar campaigns in four major metropolitan areas,
working dosely w~th volunteer boards and dvic leaders la imidemenl arnbitio~s emldoy¢¢
and corperate ~und-~aisine pre,ams.
MEMBERSHIPS
State of Florida Cultural Affairs Review Committee
Public Rglaltons Sociely of America
Florida Press Asmciatior,
Beard of Dtrectm' of Iht Mtnlal Health Assodation
Florida Chamber 'Task Force on Crime'
I~iami Crime Commission
Commission on Raee and Religion //~4ethodist Church
National ,~Useciation of Fund Raisers
,American ,~Usociatton of Zoos and ~l~riums
El)L/CATION
Indiana University, 1974, K4S - Public ~faJts
Indiana L/nh, tssity, 197t, ]~,A- Hi;tor~
REFERENCES
Available upen request
Rilir~ual - Spanish
BOARD MEMBER APPLICATION
1993
Please tTpe or p~/nt d,e iollow~/n/omm/on:
Gap inski S t · f anie
2. Home Address: ~ State Z~p Code
590 Lavers Circle ~235 Del:ay Beach FL 33444
3. Legal Res/dence: Cky S~e Zip Code
4. Prin. cipal Business Address: City Sta~e Zip Code
5. Home Phone: Business Phone: C~ Phone: E-Mail Address: Fax:
561-276-~ 152 561-297-0035/ 561-302-0595 gapinski@fau, edu 561-297-2058
6. Are you a Registered Voter?.. .. / ]~ so, where are you registered?
yes PBc
?. Wh~ Board(s) are you Lut~s~ed b~ serving?
Affordable Housing Advisory Conmittee, Con,unity Redevelopment Agency,
Downtown Development Authority
S. LL~ ~11 Cky Boards on w~ch you are currendy serving or have prevbu~y serve& (please br. hds dates)
9. Educa~ong qua~ons.'
B.Sc. - St. Bonaventure University, NY - 1969
10. LL~ any rdated profession~1 ce:dEcagons and ~censes w~ch you hol&
Flor~,d,a Dept. of Insurance: Healths Life and Variable Annuity license
11. Gh~ your present~ or most recent employer, andpos~on: Coordinator of Public Functions,
12. Describe experiences, sk~ or knowledge wh/ch qualLf7 you to serve on this boar& (Please az:ach a brief resume)
l~ile ~iving in Canada, I served as a member of the Board of Ditecto~ of the Independen
Living Resource Centre and a member of the marketing and public relations committee of
the St. ~on~face General Itosoital Research Foundation.
Nora Th~ appllca~on w~ remab~ on fde b~ the Cky Oerk's Office for a period of 2 years from the daze k was
submixecL h w~ be the appllcam's respons[b~ty~u~ that a current appllcafion ~ on f~e.
RECEIVED
MAY 0 1 2001 .4---~,,,--~/
CITY CLERK
~CITYCL~MC ~OARD~J~PLIC ATION
STEFANIE
SUMMARY OF QUALIFICATIONS
GAPINSKI
· A speri~llst in public relations, marketing and communications, with experience in marketing story' ideas
to the nev~ media as well as leadership development programs to universities.
EDUCATION
St. Bonaventure U~ivmity
B.$c.
PROFESSIONAL EXPERIENCE
St. Bonaventure, NY
1998 - present Florida Athntic Unive~ity Boca Raton, FL
Coordinator of Public Functions, Doroth.~ F. .gthmidt Colkge ~f Arts/Letters
· Responsible for the visiting scholar program, PI~D. program administration, funckaising.
1992 - 1998 Univemty of Manitoba Win,i,,~g, MB
Assistant Dinctor, Centre for Higher l:i.d~cation Research a#d Development
· Responsible for the organization, marketing; mad ttmnagement of leadership development programs for
university administ~tors from around the world; as well as for the overall management and operation of
the Centre.
1992 University of Manitoba Wumipeg; MB
Assistant to the Executive Director, Univerdt. y Relations Diddon
· Seconded to handle special projects as assigned by the President of the University of Mamtoba.
1984 - 1992 University of Manitoba
lnforraatton, Community and Mtdia Relations Officer
Wumipeg, MB
INTERESTS AND ACTIVITIES
Volunteer work in the Dominican Republic through Orph~uage Outreach; fitness; challenging my physical
and mental abilities by bungee jumping and white rater rafting; stain-glass artistry; cooking and entertaining.
ACHIEVEMENTS
Recipient of a Univmity of Mxnitoba Outreach Award for contributions to the community-at-large and for
efforts to increase contacts between the university and the general public.
Appointment ss the Px, ovince of Msnitobs medis iisison for the Cmmtian Governor General's 1992
Centennial Celebrations.
Fellowship redpimt from the Council for the Advmcement mad Support of Education District V, the only
representative from Canada out of 10 ~dpients awarded the fellowship that year.
Member, Marketing and Public Communications Committee of the St. Boniface General Hospital Research
Foundation, Winnipeg.
Member, Board of Directors, Independent Living Resource Centre, Winnipeg.
Recipient of a $2,500 grant to continue votunte~ work in Dominican Republic orphanages in 2000.
S90 LAVERS CIRCLE #2&S * DELRAY REACH, FL 33444
PHONE S61.297.003S * FAX S61.297.20S! * E-MAIL GAPINSKI~FAU.EDU
Stefanie Gapinski
Stefanie Gapinski is the Coordinator of l%blic Functions in the Dorothy F. Sehmldt College of Arts and
Letters at Fiozic~ Atl~tic University, where she ~ters the Ph.D. m Compa~tive Studies Pubhc
Intellectuals prog~ana, oversees the visiting scholar program, and is involved with fundraising for the Ph.D.
program.
A specialist in public relations, m,rketing and communications, Stefanie received her Bachelor of Science
/rom St. Bonaventure University. After receiving her degree, she moved to Canaelo where she worked over
20 years at the University of Manitoba, holding positions such as the Information, Community and Media
Rehdons Officer; Assistant to the Executive Director, University Relations Division; and the Assistant
Director, Centre for Higher F.,ducation Research and Development.
Throughout her career, Stefanie has received many distinctions. She was the recipient of a University of
Manitoba Outreach Award for her contributions to the community-at-large and for her efforts to increase
contacts between the university and the general public. She also received a fellowship/rom the Council for
the Advancement and Support of Education Dismct V, the only representative/rom Canada out of 10
recipients awarded the fellowship that year. In 1992, she was appointed as the Province of Manitoba media '
l/a/son for the Canadian Governor General's Centenni~! Celebrations.
Stefanie believes in the knportance of giving back to one's community, and so she has volunteered her time
for organizations such as the Boy Scouts of Cnn-da, a hospital cancer research foundation, a food bank, and
the independent living movement for persons with disabilities.
Lately, her volunteer efforts have focused on under-privileged children in developing countries. Since 1999,
she has worked at two orphanages in the Dominic~ Republic: The Hope of a Child Orphanage in
~Iontecristi and The Good Samaritan Orphanage in Espe~nzz. In January 2000, she received a grant to
continue her volunteer work in Dominican Republic orphanages.
Stefanie's strengths lie in many areas: organizational ability, interpmonal communications, marketing and
public relations, and financio! aptitude. She is a person with an "I make it happen" attitude who has the
abRity 'to get things done."
'O
(s6~) 2e~-2874
lAX: (~1) 297-20~B
St~anie Gq~mski
Goon:Umtor of
INtbUc
FAX: (561)
P~'~z~u "~II'AX CORRESPONDENCE
561-243-3774 (4 pages)
FLORIDA ATLANTIC UNIVERSITY
777 Glades Road
P.O. Box 3091
Boca Rat·n, ]:]orida 33431
The Dorothy F. Schmidt College of Arts and Letters
Ph.D. in Comparativ~ Studies: Public haizllec'mals Program
?m~sa
Curriculum Designer
'COPY
May l, 2001
Patrieia Warren
Executive Assistant
City Clerk's Office
City of Delray Beach
100 NWI s, Avenue
Delray Beach, FL 33444
Dear Patricia,
I am faxing my board member application, along with a resume and bi·graphical
statement. (l also put these documents in the mail.)
Let me know if you need anything else.
;
Stcfanie Gapinski
Boca Raton · Fort Lauderdale · Darda Beach * Davie · Jupiter · Pm't St. Lucie
A Member of ~e State University System of Florida
An Equal Opportunity/Access/Affirmative Actio~ Institution
¢qllL- BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name:' Name Middle Initial
GILLESPIE ROBERT A.
2. Home Address: City Slate Zip Code
&60 SHERI4OOD FOREST DR DELRA~ BEACH YL. 33445
3. Legal Residence City Slate Zip Code
&60 SHERI~OOD FOREST DR. DELRAY BEACH Fl,. 33465
4. Principal Business Address: City Slate Zip Code
~008 E. ATLANTIC AVE. I)ELRA¥ BEACI~ FL. 334~3
5. Home Phone:561_638_8697 Business Pho~'i~i_278_2628 I Fa~1-278-8688
6. What Board(s) are you interested in serving?
NIJISANCE ABATEItENT BOARD -,L ~___..,~ l~
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
NONE
8. Educational qualifications:
ATTEI~DED 2 ~EARS COLLEGE - DICKINSON COLLEGE, CARLISLE, PA.
9. List any related professional certifications and licenses which you hold:
RF.~L ESTATE BROKERS LICENSE
10. Give your present, or most recen! employer, and position:
GRINGLI}.~ DOHERTY & I~IEAT, INC. BROKI~R-SALESPERSON
11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
5 Years experience in Real Estate. ltany years experience rich the Public.
See brief Resume attached.
! hereb), certify that al! the above statements are true, and I agree and understand that
misstatement of, ma. ret!a! facts co~f(.~l~lE~aplication mar cause forfeiture upon mr part
eta ,,/
SIGNATURE ~/ CITY GLERK
This application will remain on file in the (~ity Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S~CITYCLERK BOARD APPLI('~.TIO~,
ROBERT A. GILLESPIE
' Stoker Associate/Realtor
%~C AVENUE.
.CH. PLGRIDA ~
net
tgill~it. P,E. ALTOfl. r,.Dm
Ol~lCr~ (561) 278-2628 EXT 107
I'AX (561) 278-8688
EVgfllflO (56!) 6~8-~697
Robert A. Gillespie
460 Sherwood Forest Dr.
Delray Beach, Florida 33445
561-638-8697
Office 561-278-2628
Late 1994 1 temporarily relocated to Highland Beach from the Philadelphia, PA area until I
found a permanent place to live Last year I moved to Sherwood Forest and after settling in
found that I wanted to help in the community. Below you will find a Brief resume.
1953 - 1972 Employed in the Investment industry in Philadelphia and Los Angeles, California in
various position. These progressed from Cashier, Department Manager and Sales to Operations
Manager and an officer of a member New York Stock Exchange firm
1972 - ] 994 Worked in the Automobile profession starting in Sales and leading to Finance
Manager, Sales Manager and General Manager oflmport and Domestic Dealerships.
January 1996 to present as a Sales Associate with Gringle, Doherty & Wheat, Inc. Realtors in
Deiray Beach Although I obtained my Real Estate Brokers license I still remain as a Broker
Salesperson with the firm.
BOARD MEMBER APPMOATION
1993
· the hfommio~ '-
2. l-k~e Ad'ess: City Sta~/
~.,, _,,* ~~ ~ P~/~ ~V~4
4. P~dp~ B~ ~: ~ ~ ~p ~
5. Home Phone: B~s Phone: ~ Pho~: E-~ ~s: F~:
7. ~ ~(s) ~ y~'~~ ~ ~?/~
10. ~'~ ~ p~f~ ~~om ~d ~s ~ ~ hol&
12. ~ ~~ &$, ~~e ~ ~~ m ~ ~ ~ ~ ~ ~ a baef ~e)
~_ ~ ~ ~ ~ ~ ~;~ ~~ r/~ fi ~ / / ? ~~//
Note. This application ~L1 remain on file in the Cizy Clerk's Office for a period of 2 ~ from the date k was
submittecl h w~] be the applk:ant's reapon~'l~fity to ensure that a current application is on file.
RECEIVED
MAY 0 I 2001
CITY CLERK
DELRAY BEACH
CITY OF DELRAY BEACH
;11 : BOARD MEMBER APPLICATION
1993
Please type or print the ~ollowing information:
Zip Code
3. ~g~ Residence: G~ State Zip Code
4. P~dp~ Bus.ess Ad'ess: ~W State Zip ~e
5. Home Phone: Bus.ess Phone: E-M~ Ad.ess: ~ Phone: F~:
6' ~e Y°u a rendered v°ter~ 5g ~~e you If so, where ~e you~:e~ fl ~X Coo~
7. ~ Bo~d(s) ~tere~ed ~ se~g~ Plebe E~ ~ order of preference: ~,
9. Edu~fion~ q~cadons: . . _~ . . .
10. ~,~y relate~ professio~ centurions ~d ~cen~es %~ch you hold./
12. Describe ~ences, s~s or ~owledge w~ q, mli~ you to se~e on ~s bo~ ~le~e anach a brief re~e)
~eby ~ ~at ~ d ~ ~ove ~a~ents ~e tree, ~d I a~ee ~d re&rind ~at ~y ~s~aement of maeh~ fa~s
/co~d ~~ ~~me fomi~~~O appoM=ent I ~ receive.
~NA~ DATE
No~e:
This application will remain on file in ~h C~v/~lkn~sr~ce for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on f'de.
S\CITYC LERK~BOAKD~PPL ICATION
Mark D. Little
Phone 561-243-9462
Email mlittle~sbasite.com
505 NW 12~ Street
Delray Beach, Florida 33444
Qualifications
Active career involved in daily challenges of managing permitting processes, technical and
supervisory work. Highly motivated and organized.
Engaged in on-site inspections to ensure proper placement and construction within ordinances, land
development regulations and engineering specifications.
Created relationships within the planning and zoning community, policy makers, and permitting
personnel. Organized comprehensive permitting standards for processing.
Active history on numerous Boards involved with zoning issues, which includes:
Site Plan & Aesthetic Review (a Planning & Zoning Board for the City of Delray Beach)
Commissioner for the City of Delray Beach, Community Redevelopment Agency
Commissioner for the West Atlantic Avenue Redevelopment Coalition and
Member of Palm Beach County Central Advisory Board.
Work History
Present
SBA, Inc.
Zoning Manager
Research and summarize jurisdiction/tower ordinances. Preparation of site analysis for site
acquisition agents. Coordination of zoning specialists throughout Florida for the submittal of all
appropriate applications, drawings and required documentation. Representation at Public hearings
and other meetings. Representation as industry expert for governmental review and rewrite of LDR's
and ordinances. Client, business and property owner interaction for the smooth development of
tower sites.
1984-1999
Bright Image Inc., Delray Beach, FL
President
Activities included business planning marketing and development of commercial signage. Supervised
the design, manufacturing (both in plant and out sourced). Installation of site signage and high
voltage marquees and pylons utilizing structural engineers. Integrally involved in the permitting
process which included attending Board reviews, producing submittal and conducting presentations.
1982-1984
Georgia-Pacific Corporation, Darien, CT
Territory Manager
Responsible for North Florida including Panhandle and South Central Georgia in the Industrial Tissue
Division. Responsible for sales to the wholesale paper industry. Called on clients, routed and
scheduled railroad carloads and truckload shipments. Worked independently solving customers
concerns and increasing market share. High interaction with chemists and engineering personnel at
mills.
1980o1982
Southern Bell ~AT& T, Jacksonville, FL
Account Representative
Representative for Yellow Pages publications. Territory included Pensacola to Jacksonville.
Coordinated advertising with business clients. Fast paced professional environment requiring tight
schedules and deadlines.
Education
University of Florida, Gainesville, FL
Bachelor of Science in business Administration
Palm Beach Junior College, West Palm Beach, FL
BOARD MEMBER .tI~PLIGATION
?l~,c ~ or m4m the ~o~ow~g i.fom~fio~
1. La~N~: McCarty N~ne Lawrence Kevin
2. ~ AA~s: C~
1109 Vista Da] ~nr N_ , . . Del rny~
3. L~ ~e: ~ Stye ~ip ~e
I~m~
220 Congress Park Dr., Ste 240 Delray Beach FL 33445
5. H~e Phon~ ~si~ Pho~: E-M~ Ad.ess: ~ Phon~ P~:
~43-0082 (b)
561-278-0155 266-0082 kmccarty~fi.rjf c:~ ~ ~78 095S '~x
7. ~ ~(s) ~ ~ ~ m s~? ~-~ ~%-f p~f~e:
Delray. Beach... Community Redevelopment Aqency
Delray Beach CRA (6/17/97 to present)
~Se~ attached
10. ~ any Mat~ ~e~on~ e~fio~ ~ ~s ~ ~
~$~ , attacheO r%sume
R_~mo~d James & Associates. ~nn_ V~ Dr$~mn~
12, De~ ~~, ~s ~~e~ ~y~ ~ s~e~s-~:
See a~_~n nh~d
No~.~: ~ ~pl~{catlon will remain on ~fle bt the Cky Clerk's CYaqce for a period of 2 years from ~ da~ it wa~
sobmi:te& It will be the applicau:'s re~¢tdeLm~that a current appl;cat~on is on fl~ e. ~'~
2001
CITY CLERK
12. Describe experiences, skills or knowledge which qualify you to serve:
My professional experience has provided me the opportunity to observe and be involved in redevelopmem
projects both in Florida and other parts of the country. That experience allows me to add value to
discussions and planning in my current position as Vice Chairman of our CRA. In addition I am also the
CRA's representative on the Library Committee, Brown Fields Committee and Downtown Business
District Plan. I would like to be appointed to another term to see the projects through to completion.
KEVIN McCARTY
1109 Vista Del Mar Drive
Delray Beach, Florida 33483
(S61) 278-01SS
Raymond James & Associates, Inc.
Delray Beach, Florida
March 1996 - Present
Vice President
As an investment banker, my background includes infrastructure finance, port issues,
refundings and restmcturings and housing finance. Served as both lead underwriter and
financial advisor. Primary accounts include the State of Florida, State of Massachusetts,
Florida Housing Finance Authority, Broward Housing Finance Authority, Palm Beach
County Housing Finance Authority, Florida Ports Commission, Northern Palm Beach
County Improvement District, Indian Trail Water Control District, and the cities of
Dekay Beach, Boynton Beach, Jupiter and the Port of Palm Beach. Client list also
includes Broward County, Lee County, St. Lucie County, ENCON, South Indian River
Water Control District and Seminole Water Control District.
Securities Licenses: Series 7, Series 53 and Series 63.
Stifel Nicolaus & Co., Inc.
Delray Beach, Florida
October 1992- March 1996
1'~ Vice President
Head of Public Finance in Florida for the firm. Duties included day to day management
of the office, staff' and work production. Responsible for new business development and
maintaining client relationships Coordination of new product development with
structured finance group to develop new finance opportunities for the firm and diems.
Analyzing and coordinating the Company's efforts with House, Senate and Cabinet to
pass new legislation in Florida.
Harcourt Ryder Capital/
Fray Municipal. Securities, Inc.
Delray Beach, Florida
October 1991 - September 1992
Investment banker responsible for client development and transaction management for
the firm.
Southeastern Capital Group, Inc.
Hillsboro Beach, Florida
April 1989 - September 1991
Vice President
Greater Boca Raton Chamber of Commerce
Boca Raton, Florida
October 1987 - March 1989
Vice President, Government Affairs
KEVIN MCCARTY
Page 2
EDUCATION
University of Florida
Gainesville, Florida
Broward Community College
Ft. Lauderdale, Florida
Associate of Arts
1967- 1971
1966- 1967
COMMUNITY SERVICE, OFFICES HELD CURRENT AND FORMER
Delray Beach CRA
Vice Chairman
MADD DADS
Board of Directors
Committee of 100
Republican Party to Florida
Vice Chairman
Housing Authority, Delray Beach
Delray Beach Housing Authority
Delray Beach, Florida
State Committeeman
Republican Party of Florida
Board Member
Republican Party of Florida
Memberships in 9arious Civic and
Cultural Organizations
Delray Beach Chamber -
Old School Square
July 1997 - Present
1996- 1997
1996- 1998
1996
1995 - 1996
1987 - 2000
1987 - 2000
References available upon request
DEL'I~Y BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the following information:
1. Last Name:: Name Middle Initial
M~Gloin Richard A
2. Home Address: City State Zip Code
2275 N bheinton Ave Delra¥ Beach FL 33444
3. Legal Residence City State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone: 561-276-5468 Business Phone~sJ._274_6468 I Fax:
6. What Board(s) are you interested in serving?
7. List all City Boards on which you are currently serving or have previously served: (Please include dates)
8. Educational qualifications:
9. List any related professional certifications and licenses which you hold:
10. Give your present, or most recent employer, and position:
Self-employed
l 1. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume)
See Attached
I hereby certify that all the above statements are true, and I agree and understand that any
misstatement of material facts contained in this application may cause forfeiture upon my part
ny appointment I m~y receive. REOEIVED
I
SIGNATURE " ' DATE
GITY GLEFIK
Note:
This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S~21TYCLERK~BOARD%~PPLIC ATION
APPLICATION FOR CRA BOARD MEMBER
Richard McGloin
#?
Pineapple Grove Main Street
Board of Directors Oct. 1996 through Sept. 1999
Chairman of Artwalk Committee - Oct. 1999 to Present
Downtown Merchants and Business Association
Board of Directors - Jan 1999to Present
1996 City of I)eiray ComprebeasJve Plan Review
Committee for Parks and open spaces
Seacrest Homeowners Association
Board ofDirectors - June 1992 through June 1997 and
April 2000 to Present
Southridge Homeowners Association
Board ofDiroctors - January 1997 through January 1998
Mayor's Taskforce for solutions for the Atlantic High / Seacrest property 1996 &1997
#11
My 30 year business career includes: Electrical En~ineerin& Division VI) for Greyhound Corporation and a
successful small business owner. This variety of positions has given me excellent experience in
interfacing, supervising and creating a consensus with a broad range ofpenple.
My term on the Board of Directors for Pineapple Grove l~tin Street was as Business Coordinator. I
worked with the Program Manager (Tom Fleming & Lou Waldmann) and the other board members to nm
this organization in a business like manner. This position required personal interface with the business and
property owners within this district and many presentations to the City Commission and CRA board.
In January 1999 the Downtown Merchants and Business Association was restmomr~ with many new
board members added I was invited to sit on this board due to my familiarity with the business issues in
Delray both from a Pineapple Grove viewpoint and as a property owner on East Afl_a_ntic. My term has just
been extended to January 2002.
In 1995 1 was a member to a committee to review and suggest chanses to the city comprehensive plan.
John Johnson was the city sutffmember who chaired this committee
In 1992 1 worked with Ms. Deborah Dowd to establish the Seacrest Homeowners Association, a voluntary
membership neighborhood association I have been actively involved in the "neighborhood plan" since it
was first conceived is a joint meeting with the city manager, the planning and zonin8 director and several
Se, acrest board members.. I have recently rejoined the Board of Directors.
As a property owner in the Woods of Southridge I joined their Board of Dire~ at the time when it was
imperative for the stability of that neighborhood to show property improvements. Part ofthet project was
working with the city on the plan to change the streets from private to city owned and add the
improvements necessayy to promote this area as a strong viable neighborhood.
After requests from the Seacrest Homeowners Association, Mayor Jay Alperin formed a task force that
included city, county, Atlantic High and neighborhood members to search for a solution to the blighted
property to the west of Atlantic High School. This taxk force formulated the "field house / 8~nnasium"
concept and lobbied to make it become a reality. I made many presentations to the city commission,
county commission and school board on behalf of this project.
It is this combination of business and civic experience which make me well qualified to he a contributing
member of the Delray Beach CRA Board of Directors.
I~LRAY BEACH
3: _Le~ ~hd~ce: Chy ' S~e Z~ Code
~4: Principal Business .~iclress: ~___ C~ State Zip Code
5. Home Phone: ' Business Phone: E-Mail Address; Cell Phone:'
c~M in th;e app~ ~ ~ fo~6~ ~ my~ of ~y appoint I ~y r~e.
Note: This application will remain on file in~e~i~/,gle4k'&gffice for a period of 2 yea~rs from the daze tt was
sub~ Iz will be the applicant's r~cJnlil:~4yVt-d'Si~u'e that a current application is on file.
~d21TYCl.,EJ[~ OAI{D~. I' m't .I C AT t Ol~
James M. O'Brlen
1920 South Ocean Boulevard Unit # A
Delray Beach, Florida, 33483
ONective:
To utilize my experience in a rewarding Executive/Managerial position in
the field of Commercial Real Estate Management, Leasing and/or
Marketing.
Paraonah
Real Estate Broker, Massachusetts
Real Estate Salesperson, Flodda
BO.MA. Past President, South Florida Chapter
Residence Telephone at: (561) 276-3700
Cellular Telephone #: (561) 441-1774
Educition:
Milton Academy, Milton, Massachusetts
Trinity College, Hartford, Connecticut
BA History
Professional Skills:
ummary:
· Over thirty (30) years of hands-on experience in Property
Management, Leasing, Marketing and Tenant Improvement
Construction Coordination in the Norlheast and Florida markets.
· Primary focus on Office, Industrial, Retail and Mixed-Use properties.
· The management of asset portfolios with a dive'sifted product type
and quality.
· The management and supervision of fee managers and leasing
personnel as wall as directly employed managers and leasing
agents.
· The development and implementation of asset redevelopment and
enhancement programs.
· The development and implementation of investment plans and the
on-going management of investment and operating budgets.
Professional Experience:
l~.Praeant
M.O.R. Property Management
Executive Vice- Preaident
Delray Beach, Flodd~ 33483
1998-1999
BeachPlece, General Manager
Fort Lauderdale, Florida
Responsibilities included the overall day-to-day management of a
100,000 square foot Entertainment Center with an attached 800 car
Parking Facility end a 400 room Marriott Vacation Club International.
Pdmary functions included the fostering of strong Tenant relations as
well as the retention of desirable Tenants compatible with the
Entertainment Center concept. Additional responsibilities extended to the
production of maximum net revenues, cost control and analysis of the
operating statements to enhance ways to improve on revenues and
control of costs. Oversee the internal accounting, marketing, security,
janitorial and general maintenance of the Center.
1996-1998
Codina Rail E~tate M~r~g~rn~nt, In~., Vic~Preaicl~nt
Coral Gables, Florida
Responsibilities included the management of an existing portfolio of
Commercial Real Estate properties, Investment Sales; Syndication of
New Partnerships and coordinating the formation of new Joint Venture
projects for the Codina Group and its affiliates.
1988-1998
PFK Realty Servicea, Inc., Parmer
Fort Lauderdale, Florida
Director of Management, Leasing and Marketing for PFK Realty
Services, Inc. (Please see attached Curriculum Vitae). Additional
responsibilities also extended to Management of Tenant Improvement
Construction for the Company.
198~-1988
1980-1985
Arnertcan Tectonica Sout~ Vitm-PreMclent
Boca Reton, Florida
Director of Management, Leasing and Marketing services.
Responsibilities included the management, leasing and marketing
activities for a regional Commercial Real Estate developer in South
Florida with over 1,000,000 square feet of Commercial space either
existing or under construction. Additional responsibilities included the
long-range planning for the management, leasing and marketing of future
Commercial. Industrial & Retail Developments, as well as ~ oversight
of all Tenant Improvement Construction projects.
Johnatown American Companlea I Conaalidatad Capital
Vica-Preeldent
Atlanta, Georgia
Director of Management, Leasing end Marketing end Tenant
Improvement Construction, Boston, Massachusetts regional office.
Responsibilities ir~luded over 1,000,000 square feet of Office / Retail
space located in Massachusetts, Tennessee, Connecticut, Michigan and
Georgia.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please Type or pz'~t the :fo]Jowin~ i~orma~on-'
"3. Ixgal I~esi&nce: Civ/ State Zip Code
4. Principal Business Address: C/v/ State Zip Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
6. Are you a registered voter? ~'~ l~ ¢')If so, where are you registered?
7. ~aatBoard(s) are you imervx~d in r~ving? ~'P/~4B./ ~'R/~ .t ~'~
8. Li~ all City ~oard~ on which you ~ currm~ ~rving or have pr~ioudy m-~ (plea~ ~ date0
10. List any related professional certifications and licenses which you hold:
11. Give your present, or most recent employer, and position:
12. Describe experiences, .&,ql~ or knowledge which qualify you to serve on this boarc~ (Please attach a brief resume)
I hereby certify'tl~ all the above statements are tt~kl~I~e[~kmderstand that any mi-~uatemmt of material facts
/~~//'~ HAY 0 2 2001 ~- ~ --0 (
//
I~,IT¥ ~1
Note: ~ aplicatlon will remain on fi' ~ :e for a period of 2 years from the date it was
saaBmi~. It will be the applicant's responsibility to ensure that a current application is on file.
$'~CH'Y ~B, OARI~APPL lC ATI ON
Associates, Incorporated
JOSEPH A. PIKE, P.E., CFEA
Mr. Pike is president of EDA and has over fifteen years of ~ence in civil and
environmen~ ~. His daily respomibilifies include the management and completion
of individual engineering, permitting, and environmental cleanup projects.
Mr. Pike is a Florida licensed Professional Engineer aa well aa a Certified Florida
Environmental A~sessor. He has performed numerous Phase I and Phase H Environmental
Site Assessments related to property mmsfers and refinancing. His Storage Tank related
experiences include supervi~ the removal and closure of many aboveground and
underground fuel storage tanks. For new or mrofit install~ons, he has designed a number
of undergrot~ storage tank ~ as well aa secondary contah,,~t systems for large-scale
tank farms. His site investigation and temedi~'on experience also includes; performing
ground water and soil investigations for the de 'hne~on of contamlnn~od soils and ground
water, development and design of ~mediation programs for con~ sites and
implementation of the remediation projects. Mr. Pike has been involved in the emergenc~
response efforts related to several aircraft accidents on both coasts of Florida.
Mr. Pike also has extensive experience in Site Planning and Civil Engine. His past
accomplishments include: Designing, penaitfin~ and providing consUucfion oversight for
parcels within large-scale planned unit developments. Lead permitting engineer on major
projects in Palm 13,~___ch Coutay and Martin County. Designing and permitting of County and
State thoroughfare roadways~
He is well versed in dealing with a multitude ofagencies on the Federal, State, and Local
levels for the permitting of wetland and other environmental concerns. He has successfully
obtained permitting for a wide range of specialty projects including marina dredge-and-fill
activities, mvigable canal construction, wetland avoidance, wetla~ mitigation, large-scale
hydric soils restoration, and installations waterward of the Coastal Construction Control Line.
He has also coordinated projects involving jurisdictional determinations be~e~ multiple
agencies.
Roadway Acquisition Deem in developing reasonable and fair land prices for eminem
domain proceedings.
Mr. Pike's Contracting License and ~on baclq~round provide a depth of field
knowledge not typically found in design individuals. This background is relied upon in his
construction observations and construction administrative tasks and has proven invaluable in
298 Pineapple Grove Way · Delray Beach, Florida 33444
Fax (561) 274-8558 Phone (561) 274-6500
BACKGROUND:
BS, Civil Engineering, University ofFlorida, 198~
Professional Engineer, State of Florida ~42696
Certified General Comrac~r, Florida Registration ~CCsCD42072
Florida Certified Environmental Assessor
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the {ollowing in~ormatiom
1. 'Last Name: Randolph NameAngela ~ LD.
2. Home Address: City State Zip Code"'
1323 Prospect Street Delray Beach FL 33444
3. Legal Residence: City 'State Zip Code
(Same as above) Delray Beach FL 33444
4. Prindpal BusineSs A~ldress: City State zip Code
1191 N. Federal Highway, Ste. #1 De~ray Beach FL 33483
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
279-0377 276-2889 ADR1908@aol.com 279-4885
6. Areyou a registered voter? Yes If so, where are you registered?
Palm Beach County/City of Delray Beach-Precinct #172"
7. What Board(s) are you interested in Serving?
Community Redevelopment Agency
Ii. List all City Boards on which you are currently ~orV~g~ or have Previously serve& (Please include dates)
9. Educationalqualifications: Master Degree (Public Administration)
10. List any relamd professional certifications and lice_n.ses.w~&. :you. h. old:. .
' National Forum For ~acK ~'UD.C ^oministrators - Member
11. Give your'present, or mos~ recent, .eqaployer, and po~ti0n:. . '"
Ra.ndolph & Dewdney. t.;onstruction, Inc./President
'i2. Describe experienCes, skal., or knowledge which qualify you to serve on this boar& (Please attach a brief resume)
*Active citizen from the West Atlantic community (deffe. rson Manor Resident) concerned about the development of Delray Beach.
*Worked with Orange County Government (FL) MMRB Advisory Board preparing annual reports, making presentations to the Board of
County Commissioners and other related task. *Master and Bachelor Degrees in Public Administration
hereby ~.that-.~. the above ~nts are ;t~ 9ml~~~~d that am]misstatement of material facts
SagNa~;tU~ - / (',~TY CLERK ri^Ts t
Note: This application w~l remain on file ~ City Clerk's Office for a period of 2 years from the date it was
· -.[~--~,-,-.A T*. ~'11 1-..!.
ngeFa anaCo£ph
1323 Prospect Street
Delray Beach, FL 33444
Education
Florida A&M University
Tallahassee, Florida
Master of Applied Social Science
Concentration' Public Administration
Graduation Date' 12/93
University of Central Florida
Orlando, Florida
Bachelor of Arts Degree
Major: Public Administration
Graduation Date: 12/92
2/97 - Present
Work Experience
Randolph & Dewdney Construction, Inc., Delray Beach, FL; President
· Coordinate and oversee daily operations
· Negotiate and clos6 all business contracts
· Maintain database of clients and principle suppliers/products.
· Develop and promote various marketing techniques
11195 - 2/97
Orange County Agenda Development, Orlando, FL; Advisory BoardCoorchnator · Maintain and monitor all advisory board activities, ensuring compliance with the Orange
County Code
· Prepare Board of County Commissioners agenda items and assist in presentations
· Implement strategies to increase advisory board applicant pool of candidates
· Research and prepare the Membership & Mission Review Board's annual report
· Assist in recruitment and process applications for prospective advisory board members
6/94 - 11/95
Florida Jobs & Benefits; Customer Service Speciahst · Set-up and process unemployment claims
· Assist individuals in seeking and obtaining employment
· Assist in planning and coordination of Human Service activities
· Determine the needs of indigent county residents for assistance through interviews
· Refer ineligible applicants to agencies who assist in locating/securing aid
10/93 - 10/94
Wal-Mart Corporation/SAM'S Club, Naples, FL; Operations Manager · Conducted employee orientations, ensuring compliance with company/safety standards
· Monitored and provided managerial assistance to employees and vendors
· Devised and directed employee projects to boost team participation and morale
· Organized monthly departmental meeting
Computer Skills
Advanced knowledge of the following software packages:
Word Perfect (All Versions) Word Processor
Microsoft Word & Excel (All Versions) Word Processor/Spreadsheet
Print Master Publishing Suite Desktop Publishing
Quickbooks Pro Accounting
Activities & Honors
National Forum for Black Pubhc Administrators - Member V Alpha Kappa Alpha Sorority, Inc.-Charter
Member/Past President-P~ Psi Chapter V Parent Advisory Organization for Bar & Ferg's Christian Academy-
Vice President V FAMU Graduate Scholarship Recipient V American Cancer Society, Volunteer V Roots
Cultural Festival, Volunteer.
BOARD MEMBER APPLICATION
1993
Please type or print the [ollowi~ information:
2. Home Address: ?:/-.
3. Legal Residence: City State Zip Code
4. Principal Business Address: City State Zip Code
5. Home Phone: Business Phone: Cell Phone: E-Mall Address: Fax:
6. Are you a Regist,ered Voter? If so, where are you registered?
7. What Board(s) are you interested in '
8. List all~ Boar& on v~ich you are currently serving or have previously serve& (Please include dates)
9..Educatio..nal qualiflc~ons: .
I0. Li~ ~ r~hted prof~ssion~l ~cltion.~ ~ud licens~s whi& you hol&
II. Give or
- you~ pr~nt, most r~nt ~mployer, ~nd.po~on:
Note: This application wiE remain on file in the City Clerk's Office for a period of 2 years from the date it was
mbmittecL It ~ be the applicant's responsibility to ensure tk.t a CulTetlt application is on ~e.
RECEIVED
NAY 0 9 200l
CITY CLERK
· SHARRONL. RONCO
2740 N. Clearbrook Circle
Delray Beach, FL 33445
Res. (561) 2743553 Ore. (561) 297-2665
sronco~fau.edu
EDUCA~ON
Ph.D.
Major:
1987 University of North Texas Denton, TX
Educational Research & Statistics Minor: Computer Science
Dissertation: Computation and Cumulation of Effect Sizes in Meta-Analysis
M.S. 1976 University of Wisconsin-Milwaukee
Major: Curriculum and Instruction
B.A. 1972 Marquette University
Majors: Spanish and Secondary Education
EXPERIENCE
FLORXDA ATLANTIC UNIVERSITY
Assistant Provost
Office of Institutional Effectiveness and Analysis
Boca Raton, FL
1997 to present
Manage the reporting function of the University; collecting, analyzing, interpreting and
disseminating information to support institutional planning, policy formulation and decision-
making.
· Publish Fact Book, Quick Facts Brochure, Retention Data, Productivity Analysis, and other
regular data reports.
· Conduct studies on enrollment ~'ends, student retention and progression, needs analysis, and
other institutional research as needed.
· Design, conduct and analyze data from surveys of students and faculty.
· Support academic and nonacademic u_n_its in assessing their effectiveness.
· Co-chair Self-Study for Reaffm~ation of Accreditation from SACS
UNIVERSITY OF TEXAS AT EL PASO
Director, Office of Institutional Studies
E! Paso, Texas
1990 to 1997
Reporting
Prepared regular internal reports on student majors, semester credit hours, faculty workloads
and grade distribution.
· Completed reports on students, classes, faculty course and facilities inventories, degrees
conferred, end of semester enrollments and academic skills program tracking to thc Texas
Higher Education Coordinating Board.
· Published 165-page Fact Book annually.
· Responded to questionnaires, answered requests for information.
· Reported on performance measures to the UT-System and State of Texas.
· Provided detailed retention and graduation data to departments and colleges.
· Supplied information and data for strategic planning; set target performance indicators and
evaluated against actual performance and external benchmarks.
Sharron L. Ronco - page 2
Provided regular feedback to high schools and community college on the performance of
their students at the University.
Maintained institutional databases to include historical data on students, courses, faculty,
facilities, and financial aid using data extracted from the Student Information System and
gathered on surveys.
Surveys
Developed and administered survey instruments, managed data collection, analyzed, interpreted
and disseminated results for:
· Entering students
· Enrolled students (College Experiences Survey)
· Exiting and non-returning students
· Graduating seniors
· Alumni
· Faculty
Studies
· Effect of high school course-taking patterns on college achievement.
· Patterns and correlates of stopout behavior.
· Comparison of college math achievement of students transferring freshman-level math
courses from the community college, with that of 'native' students.
· Impact of employment and semester credit hours attempted on first-semester GPA.
· Outcomes of course-based remediation in math and English.
· Faculty perceptions of the importance of research vs. undergraduate teaching.
· Characteristics and performance of Wansfer students.
· Predictability of SAT and high school rank on freshman GPA.
· Campus space utilization.
· Application of Alexander Astin's input variable retention formula to data on incoming
students.
· Studies of faculty sa/ar/es for gender equ/ty, internal comparability, compress/on and
competitiveness.
· Progress/on on first-time freshmen and transfer students from University of Texas
component institutions through Texas public higher education, using the statewide data base.
EXPERIENCE - COLLEGE TEACHING
PSYC 3104 (Research Methods and Statistics) 1992- 1997. The section was offered primarily
for UTEP bachelor's degree-seeking nursing students who were working full-time at area
hospitals and unable to take the daytime UTEP course. It was an introductory undergraduate
course coveting descriptive and inferential statistics up through two-factor ANOVA. Students
used a version of SYSTAT to analyze data that they collected via surveys.
Sharron L. Ronco - page 3
U.S. Department of Education, Office for Civil Rights, Postsecondary Education Division
Dallas, Texas 1977-1990
During my 12 years with the Department of Education, I worked as an investigator, technical
assistant (I977-1985} and branch chief (1986-1990):
Investigated complaints and conducted compliance reviews in colleges and universities;
prepared investigative plans, conducted on-site visits, wrote reports and letters of findings,
negotiated compliance. Made presentations of findings to governing boards, parent and
student groups, community and special interest groups, the media.
Monitored and evaluated Oklahoma and Texas State System of Higher Education
desegregation plans, pursuant to a Federal district court order. Visited institutions to gather
data on student enrollment and retention, faculty and statTemployment, in order to evaluate
States' progress under the order. Performed trend analysis ofstatewide enrollment patterns;
compared workforce composition to appropriate labor market availability data; designed
formats for interviews and data collection, set up spreadsheets to analyze effectiveness of
measures.
Responsible for supervising the work of four investigators and one clerk. Assigned
investigators to cases, trained them in techniques for monitoring, secured resources for
reviews; coordinated schedules and arranged workloads to allow deadlines to be met;
established performance standards and evaluated staff; conducted training for staff in
methods of data analysis.
Other Employment
Wisconsin State Department of Industry, Labor and Human Relations (1975-77)
Employment counselor, advocate for migrant workers
S.E.R. Jobs for Progress (1974-75)
Coordinator for English as a Second Language programs, teacher.
Madrid and Barcelona, Spain (1970-73)
Language instructor, translator/interpreter.
Special Skills
Mainframe and PC SAS, SPSS-X
PC-based database, spreadsheet and word processing software
Bilingual (Spanish).
Professional memberships
Association for Institutional Research (AIR) 1991 - present Presenter: 1992, 1994, 1995, 1996, 1997, 1999, 2000
Member: AIR Forum Publications Advisory Committee, 1996 - present
Texas Association for Institutional Research CrAIR) 1991-1997
Presenter: 1992, 1993, 1995, 1996
Program Committee: 1993, 1994, 1995, 1996
Sharron L. Ronco - page 4
Southern Association for Institutional Research (SAIR) 1997 - present
Presenter: 1997, 1998, 1999
Program Committee: 1998
American Educational Research Association (AERA) 1983 - present
Other
Professional Activities
Peer reviewer for NASA: Evaluate and score proposals for funding of math, science and
engineering programs, 1995 and 1996.
Evaluation Committee Chair for the Quality Education for Minorities (QEM) Network,
Washington, D.C., 1992-1994.
Evaluation Task Fome Member for the University of Texas System Alliance for Minority
Participation (AMP), 1993- 1997.
Research delegate to the NSF-funded Recruitment and Retention Pwject for Math and
Science, with 12 participating institutions, 1992- 1996.
RECENT PAPERS & PRESENTATIONS
Finding the 'Start Line' with an institutional effectiveness inventory (with Stephanie Brown).
Paper presented at the 2000 Annual Forum of the Association for Institutional Research,
Cincinnati, OH.
How important is residential living to college success on a predominantly commuter campus?
Presentation at the 1999 Southern Association for Institutional Research Conference,
Chattanooga, TN.
Deconstructing the student assessment ofins~uction insmnnent: Some psychometric issues.
Paper presented at the 1998 Southern Association for Institutional Research Conference,
Savannah, GA, and at the 1999 Annual Forum of the Association for Institutional
Research, Seattle, WA.
Advanced Data Analysis. Half-day workshop presented at the Texas Association for
Institutional Research Annual Conference, February 1997, South Padre Island, TX.
Topics covered included descriptive statistics, significance test/Jag, ANOVA, logistic
regression, survival analysis and cluster analysis.
Using high school Wan~ript analysis to understand college outcomes. (May, 1996). Paper
presented at the Annual Forum of the Association for Institutional Research,
Albuquerque, NM.
How enrollment ends: Analyzing the correlates of student graduation, transfer and dropout with
competing risks model. (May, 1995). Paper presented at the Annual Forum of the
Association for Institutional Research, Boston, MA. Published in the AIR Professional
File, Summer, 1996.
Sharron L. Ronco - page
Obtaining student feedback: Some practical advice for survey researchers. (February, 1995).
Paper presented at the Annual Conference of the Texas Association for Institutional
Research, San Antonio, TX.
Meandering way: Studying student stopout with survival analysis. (May, 1994). Paper
presented at the Annual Forum of the Association for Institutional Research, New
Orleans, LA.
Great expectations: What we've learned form students entering college. (October, 1993). Paper
presented at the annual meeting of the Rocky Mountain Education Research Association,
Las Cruces, NM.
Getting started with survival analysis: An application to retention data. (February, 1993). Best
regional paper, Texas Association for Institutional Research annual meeting, College
Station, TX.
Outcomes of course-based remediation 1989-1991. (November, 1992). Paper presented at the
Conference on Academic Support Programs, Fort Worth, TX.
Enhancing academic success: A bilingual freshman year. (May, 1992). Paper presented at the
Annual Forum of the Association for Institutional Research, Atlanta, GA.
Retention rates: The search for meaning. (February, 1992). Paper presented at the Texas
Association for Institutional Research annual meeting, Galveston, TX.
!!~1~ CITY OF DELRAY BEACH
MEMBER APPLICATION. ,~~~
· BOARD
2. L~.~ Name: Shuler
NA~e
M,I. L
Zip Co&
State Zip Code
BAA
S~m Z¥CO&
SAA SAA
_2. H. ome Ackircss:
606 West Atlantic Ave.
3. Le~Re~dence: SAA
4. Prinapal Business Ad&em
SAA
5. Home Phone.
56'1 265-0622 ~ ~6~-26~-0622
6. What Board(s) ~e you Lut~csted ~u mrvi~gP
James
Delrav Be~eh
SAA
SAA
E-Marl Address: L;~-...dl Phone:
_61 /: z. 1-'~ ! 79
C~unity Eedevelopmeu~ A~eucy
[F~x.'
56! ?65 2.7
7. las: all City Boards on v4Jcb yo~: are curr,-,dy ~ or hve predoasly served: ~l~sc ~nctude dates)
~hairman, West Atlantic REdevelopment Coalition Inc.
8. E~on~cp,-!;~,c~Jon~: Mortuary Science (Associate Degree in Science)
~. 1.2~ any rehted profeshonal c.~J£catiom ~ licenses which you hold:
Licensed Funeral Director and Embalmer
10. Give your present, or most :eeent anploy~', and position:
'Shuler's Memorial Chapel Inc., Funeral Director and President
Member of the'Planning and Zoning Committee of Delray Beach
Chair of WARC
~/~7/o~
N~: ~ app~cafion ~11 ~m~Jn oa ~ ~ ~ C~ ~'* ~ for a p~ of 2 y~ from ~ ~ ~ ~
~1~~ P~
_~ECEIVED .-
APR 1 8 200f
CiTY CLERK
D~LRA¥ BEACH
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
/c)-z
Pl.~se type or prim-,.he following inform~on:
2. Horr~ Address: ~t:~iF_LDe~~ U 1~i,
4. Principal Business Address:
'Sa. ~r '~os~ve.~..~%'i- L~,zs~ ~-~'-r'
$. HomePhone: ] Business Phone: [ E-lVl~Address: I CellPhone: [ Fax:
6. AreFouaregisceredvo~:er? ~.,~..~ ]f so, where~rcyour~iscered? ~>oo~ ~.n't~.~- ~/.~t
7. ~x B~a(s) ~re you mr~e ,sr~ m sen~? P~se ~ in 9riter of ~'~ereace:
0 ]
8. I. ig dI C~ Boards on which you ~re curremly servlr~ or h~ve previously served: (Please include dates)
9. Educar~mual qualifications:
10. Dsc any rela~ed profession~ cerdfcations and licenses wh/ch you hold:
t:~.t(~..~ ~ .
' 11. Give your present, or most rec~n~ employer, and position:
12. Describe experiences, skills or knowle~ which ~ you to serve on dgs board: 0~l~se .,~,4, s b.,ief r~surr~)
Note.l ~
ds ap~llcation will remain on file i~'~8~flce ~or a period of 2 years from rite daze it was
,itbmk't~ It ~ be tl~ applicam'$ re~pondbility ~o ~m~re that a mrr~: application i~ on file.
,)
JEFFREY SILBERSTEIN, PRINCIPAL
EDUCATION:
Pratt Institute and Clark University, Architectural Degree
Harvard University Graduate School of Design, June, 1989
Harvard University Graduate School of Design, July, 1996
CERTIFICATION:
Registered Architect: Florida
EXPERIENCE:
Silberstein Architects was founded in 1990. We are a small firm with a reputation for
innovative design and delivering projects within budget and on schedule. This is evident
as we continue to work with repeat clients and referrals generated by our reputation. Our
success evolves as we assist clients in defining project goals well before suggesting
solutions, a process that creates a full understanding of objectives before U'ansformation
into reality.
As principal of the firm, Jeffrey Silberstein is widely recognized for his design
achievements. Whether a large institutional complex or a small interior renovation, Mr.
Silberstein's designs are rich. and simple. Jeffrey Silberstein's commitment to quality and
his patience in achieving the best possible designs are evident in the many awards he has
, won. His solutions, which se'em obvious and simple, are the result of diligent effort.
Mr. Silberstein has practiced architecture, both nationally and internationally for over 20
years with a list of prominent architectural fu'ms and projects to his credit. He has been
associated with many building types, including educational facilities, office buildings,
interior office and residential renovations, museums, art galleries, religious facilities,
residences, mixed - use developments and commercial projects. The American Institute of
Architects has singled several of these commissions out for special honors.
Mr. Silberstein has served as, a guest writer for the Hartford Architectural Conservancy
and The Palm Beach Post, a critic member of the Works of Art Committee of the Boca
Raton Museum of Art, a member of Junior Achievement and on the Boca Raton
Community Redevelopment Agency Task Force on The Grace Commission.
LIST OF PROJECTS:
SCHOOLS:
Boca l~ton Community High School, Science Addition and Master Plan, Boca Raton,
Fl. ALS Award for excellence ia Design
Florida Atlantic Universi~y, College of Education, Boca Raton, FI.
Hunt Elementary School, Coral Springs, Fl.
Harid Conservatory, Boca Raton, Fl.
Temple Israel Early Childhood, West Palm Beach, FI.
All - S~r Academy & Sports Camp, Delray Beach, FI.
Temple Bet Emet Early Childhood and Grades 1,2 &3, Cooper City, Fl.
MUSEUMS:
Museum of Modern Art, Seoul, South Korea. ALS Award for Excellence in Design.
The Gallery Center, Boca .Raton, Fl.
,blorikami Museum, Deb-ay Beach, Fl.
SPECIALTY PROJECTS:
West Regional Courthouse, Plantation, Fl.
B'nai Torah Congregation, Boca Raton, FJ.
Temple Israel, West Palm Beach, Fl.
Boca Raton Mausoleum, Boca Raton, Fl.
Temple Bet Emet, Cooper City, Fl. ( Current )
Temple Israel, West Palm Beach, Fl. (Current)
LIST OF PROJECTS:
OFFICE BUILDINGS:
Bank of Nova Scotia, Ctu-acao, Netherlands Antilles
Presidential Circle, Hollywood, Fl. Winner of many design awards.
Trammel Crow Corporate Headquarters, Boca Raton, FI.
WJMK Studios, Boca Raton, Fl. AIA Award for Excellence in Design.
NCNB Bnnk, Boca Raton, Fl.
Over 500,000.00 square of office space planning for Henderson Mental Health Center,
WR Grace, Tranunel Crow, Gampel Organization, Panther Realty, and other corporate
clients.
Spectrum Office Park: Two Phase 45,000 s.fOffice Building, Ft Lauderdale, Fl.
Sirs Inc., Delray Beach, Fl.
Silberstein Architects, Delray Beach, Fl. AIA Award for Excellence in Design, 2000.
: COMMERCIAL/RETAIL PROJECTS:
Hertz Service and Rental Facility, Windsor Locks, Connecticut. AIA Award
Boca Valley Shopping Center, Boca Raton, Fl.
Key West Espresso & Ice Cream, Key West, Fl.
Littman Jewelers, Bonaire, Netherlands Antilles.
Littman's At The Plaza, Bonaire, Netherlands Antilles
Littman's, Bonaire, Netherlands Antilles
Peppercorn's Cafe, Key West, Fl.
LIST OF PROJECTS:
HOTELS & RESORTS:
Paradise Village Tulip Hotel, Curacao, Netherlands Antilles
The Hamlet Resort, Bonaire, Netherlands Antilles
Avila Beach Resort, Curacao, Netherlands Antilles
MIXED USE PROJECTS:
Union Station, Hartford, Connecticut
Pineapple Place, Delray Beach, Fl.
One Young Circle Condominium Tower, Hollywood Beach, Fl.
Sirs Office and Retail Complex, Delray Beach, FI.
iNTERIOR ARCHITECTURE:
Becker Residence, Bo~a Raton, Fl. A.I.A. Award 1999
Foght Residence, Bonaire Netherlands Antilles. A.I.A Award 1997
Agardy Residence, Boca Raton, FI.
Katzev Residence, Bonaire, Netherlands Antilles
Green Residence, Boca Raton, Florida
Simon & Simon Law Offices, Delray Beach, Florida
WJMK Studios, Boca Raton, FI. ALS. Award for Excellence in Design.
LIST OF PROJECTS:
RESIDENTIAL:
National Custom Homes: Custom Homes
Wycliff Country Club: Custom Homes
Governor's Walk, Delray Beach, Fl. ( Current )
Neal's Market, Delray Beach, FI. ( Current )
Clark Residence, Les Jardins, Boca Raton, Fl.
Hakkenberg Residence, Bonaire, Netherlands Antilles Featured in Caribbean World
Magazine
Foght Residence I, Bonaire, Netherlands Antilles AIA Award of Honor For Design
Foght Residence II, Chicago, Illinois ( Current )
Richman Residence, Delra~ Beach, Florida
Littman Residence, Bonaire, Netherlands Antilles
Katzev Residence, Bo~aire, Netherlands Antilles
Gardenia Place Townhouse Community, Lauderdale By The Sea, Fl.
One Young Circle Condominium Tower, Hollywood Beach, FI.
Andrews Residence, Ocean Ridge, Florida
Andrew's Residence I1, Ocean Ridge, Florida ( current )
Ticktin Residence, Ft. Lauderdale, Fl. (current)
Schlicht Residence, Boca Raton, Fl. (current)
LIST OF RESIDENTIAL PROJECTS CONTINUED RESIDENTIAL:
Lassiter Residence, Bonaire, Netherlands Antilles
Botman Residence, Bonaire, Netherlands Antilles
Epstein Residence, Weston, Florida
Green Residence, Boca Raton, Florida
Pineapple Place, Delray Beach, Florida
Schmier Residence, Delray Beach, Florida (current)
Caribbean Blue Condominiums, Bonaire, Netherlands Antilles ( Curren'~ )
~-I~/P~
BOARD MEMBER APPLICATION
fd]~ b~'om~on:
-_~. ~ Ad&ess: Cm. Stye Zip
-3~ ~ ~dm~: ~ Stye ~p ~e
4. P~ B~i~ss Ad&~s: ~. S~e Zip ~e
7. ~ ~ ~- Boa-~, o~ ~ you ~ ~ ~g or ~ve ~o~ s~-~ ~e ~
8. Ed6ca~d qt~cati,~ns: ' . '
9. ~ ~y rdar,d profe~io~l ~~ ~d ~es w~yo~ hol&
10. Give yo~ pres;n~, or ~s~ ~t ~1~, lng ~on~ '
I h~eby ce~ ~ ~ ~c ~ve ~azme~$ ~e ~, ~d I ~ ~ ~der~d ~at ~ ~saa~t o{ ~t~j~ f~s
Note: 'l~s ~pl~c~tion m'~! rema~ on ~le ~ the C.~.O__e~'L's C~ce for a period of 2 years from t~e da:e n ~as
mbmitted. It will be the appllcan~;{~l~ibl~t~l~n.m~'e that a current application is on fde.
FEB 2 3 2001
CiTY CLERK
[' EDUCATION
IL Miched Simom Jr.
314 Northwest 16th Street, Delny Be~ch, ]qortd~ 33444
Elm (S61) 2790506 Cell (S61) $T~8985
BadeeiorofAm-1987
Sociology
[ PROFESSIONAL EXPERIENCE
Tturk, llo& Company Rml Em~ D~lrsy B~sch, FL July 2000 - Pres~
.~e,~toe Sales, marketing ~! ~on of residm~ and oomm~:ial prop~es h ~ ~ ~
~~ ~ ~e, ~~ ~ ~ ~ ~ ~ ~ ~ h v~ ~m $29,~,~ -
S50,~. ~~le f~ ~c~ ~ ~ ~~ ~d ~m of ~ f~ ~Ii~ cU~ m ~U u
JC DeNiro Interutionl Re~y, Ddrsy Bescb, FL July 1999 - July 2OO0
~fa/Mr hles, m&~cti~ and representation of ruiclenthl md com~-rcial pr~mies in the Dclray ac~ch,
~ Ocean Ridge, Mamhpsn, Boynton Beach and Boca Raton ~rms ranging in value from s29,00o,000 -
.50,000. Responsiblc for pricing, market maJysJs, advertising and sal~s of propcr~ for Selling clients ss well ss
Bwer repruenmion during pur~hmu.
IRv.tment Equi~ Construction, Manahpn FL July 1999 - February 2000
MeraethTg Director Responsible for creation and implement~ien of all marketing mat~hls and sales of ov~ 60
million dolhr3 in properties for oceanfront Dcvelol~ Fr~-I~ Mcl~inney and JC DcNiro Intermti~ Real Estatc.
Duties included production of the ~y's web-site and all printed advertising, ss well ss acting as Realtor and
represent~ive for all available properties
City of l)dmy R~mek, Delray Beach, FL October 1998 -July 1999
~fordablelIousingAdminisov~r Administration of all Federal, State and City homeowner purchase
annual r~orting. Management of conUacts and agreements associatod with the City's housing prosrams. Coordinate
partnerships with local governments, lending institutions, non-profit agencies and Realton. Attend community and
glvhory board meetings n~:~sssry to ~ry out activities.
Ci~ of Debly Bench, Delrry ]k~ch, FL Dec~-~d2cF 199.5 -October 1996
A*ofra~ $~ Respomible for the overall ;~plemenmion, eligibility md management of the State-funded
SKI~ Progrum along with usisfing in the phnning, coordinmiou mci nmrk~-~ of~ll other housing program activity
end annual reporting requirements. Attand~d community md board me~in~ neoems~ to cra'fy out activities.
Dom Coatradora, IRc., Ddruy Be&~,h, FL October 1992 - May 199.5
Er. ecfa~e~/Peojecr SqM~Pb~ Assisted in Real Esme acquhifioa, development and exp~l~g
for Gommetcial and ruidential genc~'al cofl~ h AdminisUufion of business/pcrso~ domestic and
internatio~ financial accounts. Project Supervisor of local rctail/ofl%c center and Rcsid~fial Consm2cfion Field
Assistant.
I~J3
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
in s~rvins? In terms of priority. 1) Planning & Zoning Board,
2) Community Redevelopment Agency, 3) Code Enforcement Board
List&llCi~ Boards onwhich you~r~curmnflys~rvinS orhavepmviouslys~l:(Plcaseincludeda~s)
Pompey Park Advisory Board 1997
Educationalqualific~ions:
B.S. Degree (Chemistry, Hath & Science), Hasters Degree (Educational Adm. & Supv.),
Educational Specialist Degree (Adm. & Supv.), Doctorate Degree (Adm. & Supv.)
Litany Elated pw~ssional~ific~ionsandlicens~s which you hold:
10. Give your p~n~ or moa re~ent employer, and position:
Retired Senior High School Principal (Palm Beach
County
School District)
! !. Describe experiences, skills or kflowledge which qtm]i~ you to serve on this board: (Please attKh · brief resume)
OrKantzational Sktlls~ AnalTtical Skills~ Verbal & Vrttten Communication Skills, ..
Problem Solving Skills, Conflict Resolution Skills & Human Relations Skills.
! hereby certify that all the above statements are true, and ! agree and understand that any
misstatement of material facts contained In this appl/cation may cause forfeiture upon my part of
any a~.~intment Z may receive..
NOte:
RECEIVED
0 CI 2 6 1999
DATE
This application will remain on f'tle it~i~~Office t'or a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
~DUOATION
WORK
EXPERIENCE
8/30/94 to
Present
· /18/93 to
~J0/G4
VARIED
I~ESUME
dOSH SMITH, JR.
ik~idenoe
Avenue DeGien
4)elr~y B4mch, FL ~
(~t) 4ee.?~2o
~A. LEN UNIVERSITY, Columbia~
B.$. In Chemistry, 8/62
Minors: M~them~b end Solence
FLORIDA ATLANTIC UNIVERSITY. Boca Retort, FL
M. Ed. in Administration & Supervision, 8/76
Ed. $. in Admln .idraUon · 8upervl8~ 8/77
Ed. D. in AdministrmUon & ~q)endlden, 8/81
DISTRIC'r OFFICES, West Padre Beach, FL
PrinciD,,! on SDecial AI41anment
Depertment of Curriculum mhd Instruction
Responsible for development of implementation pl'~n for
Distrk~t-Wide 10~3 Speci,,I Ses~en/Summer Sohenl
Responsible for extensive researoh on ygnr-Rouncl Solmols
Assid~nt Prinoipml (him BmK:h C~)unty School
Dean of Itudento (him Be~oh (:h)unty Id:hool D~)
Classroom TmmtNJr (Palm Bench County School Oistriot)
Perlmlnd k4eotion
Prel~m~ of Bcd~ool ~ budget
P~qmr~tion of F.T.F. (Sohool C4nt~w Funding)
Internal AoomanUng
~ plant and tooilitles
Supervision and Evaluation of school c~nter p~smmel
Development of Marketing Plan and school new. detter
FURTHER
EDUCATION
FURTHER
'EXPERIENCE
New York, N.Y.
Florida Stet. Unhte~Jty ~~
Tallahassee, FL
Fk),'k~ A&U univemi~ (k~enoe)
Tmllahaallee, FL
IOUTHERN ASSOCIA~ OF COLLEGH AND 14:~flOOl~
INVOLVEMENT (Serving on Aca,e,clitltion Committees)
&mdhwed Miami High kbod - Miami, FL
Miami dacklon High Ichool · Milmi, FL
Westward High School - Fort Pieroe, FL
Stone Middle School. Melbourne, FL
Eclgewood dunior High School - Merrftt Inland, FL
DELR,kY BEACH
BOARD MEMBER APPLICATION
Please type or print the follov.4.ng information:
2. Home Address: ~
~tl~s- "l","e.e- F, hm Pr';vc
3. Legal ResMence
4. Principal Buslne~s Ad&ess:
5. Home Phone:
6. wimt Board~,sl ~re' .~ou interested in s~rving?
City
Business Phone:
Middle Initial
s,R
.3 3
State Zip Code
Parking _lqa~a. Se_m.e_Gt ~.v.i.sory Board - ¢itizen-at-Larg
I. is~ all Cib Bna,'d~ on which you ~e cturently sm~ing az' have ~:eviously se~: (PI~e incMde dafes~
Educational qualifitafion.s:
L~s! ~i~l,r,~ional cerfificatlon~ and licenses which you hold:
10. 6ixe you~ p~esem, or most recent ,mploy~r, ~ posidon: '
of ~y'ig7~7~ointme~t I may receive.
SIGNATURE ~
I.~)esc, il,¢ egpene,c e~, sk-~ Fs ~'} kn'owl~dge which qualify you to se~e on ~is ~d: (Please anach a briefresumei
. I ' ' ' - ,Il - ~
ff hereb~ ce~ify r~at all the ~bove st~te~ents zre true, a,d I agr~ and unde~t~fid that Bny I
n~isstetement of mater, al facts contai.~~6ation may cause fodeiture upon my pa~ I
DATE
OCT 0 5 al00
CITY CLERK
Tiffs application will remain on file in th~iEit3, Clerk's Office for a period of 2 yeazs from the date it was
submitted. It will be the applicant's responsibility to ensttr~ that a current application is on file.
EDUCATION:
De~., 1988
Max. 1981
t~ITVERSITY OF MIAMI SCHOOL OF LAW, Miami, FL
Rt~e. ived Jmis boc~otat~(J.D.)
~1'~ OF ALABAMA. Tugatoo~ AL
Rac.~v~t Bar. helo~ of S~:/a~.S.) ~
EMPLOYMENT:
Ja~ 1992 -
1993 - P~esent
1990 - 1998
1'983- 1984
D. STEPHENSON CONSTRUCTION, Bors Raton, FL
Vice Pre.dent. Chief Administrative Officer;. I~_.spom~l~ for daily
supervision of all administrative fimctions of the compaay, inclucbng
Stephemon Realty, l~c., Miami, FL
President. Chief F_xecu#ve Officer: ~sible ~r ~iom,
~~ion ~ ~ ~ ~~ ~ ~~, ~ib~,
~ys~, ~d d~y ~~ ~ ~s~ of ~ ~ny o~ed
~ci~ pmk.
Stephensoa Merdumdising & Marketing, Inc., Miami, FL
Vice President. Respo~ible for ~pawisiag m~mhandising of products
~z~ ~-v~s~ daily fua~i~m at Amooo Gu Station.
Bowen, Miami, FL
for document prepamgon in vnyrd proce~ing div/~ion.
ORGANIZATIONS & ASSOCIATIOrNS:
THE FLORIDA BAR -MEMBER
FLORIDA REAL ESTATE LICENSE
BOARD MEMBER APPLICATION
Please ~pe or print the following information:
1. La~_~ Name::
2. Home Address:_
3. Legal Residence
4. Principal Business Address:
5. Home Phone: -5lo
6.
City
State
State
MSdle Initial
Zip Code
Zip Code
City ..~ State
Business Phone:
What Board(s).are you interested in servfi, ng?
List all Ci~ Boards on which you a~ cu~ently se~g or have p~viously se~: (Pie~e include dates)
Zip Code
8..Educational qualifications: . __ . ,
9. List ~y related ~ofission~ce~ifications and iicense~hich you hold: ~ _
'~%~ ~ ~t ~ft~X,q~ ~CaO~[~C~C~ ~~t~.~ ¢¢t ~mT)310' Give yourpresent, or most re~nt employer, and position:
11. Describe experiences, skills o[ ~owledge which quali~ you to se~e on ~is bo~d: (Ple~e amcha brief resume)
I he.by ce~i~ that ~11 the ~bove st~Ments ~re true, ~nd I ~g~e ~nd unde~t~nd that ~nF
misst~tement of m~teri~l f~s cont~ined in this ~ppli~tion m~Y ~use fo~eitu~ upon my
of ~nF ~ppointment I m~F ~ceive,
RECEIVED
HAR I 7 2000 DATE
Note:
This application will remain on file in th~lityTCk,~ ~3ffice for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
8~-rl-vcl. l~ll~o ~,II~RJC ATlOIq
· CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
3. ~ l~s;&ne~: '- - ' State
SAME AS ABOVE ,,,. ~,,.
~ ---
~61-272-839~ 561-2?2-8396 I _ . 1561727~x07~,
1. L~N~me:
STRA~HN
26 SW 5TH AVENUE
6. Wh~ Board(,) ~r~ yr~t Zu~'er,~d in
L
~ WARC PRESENTLY,
'/. L,s~ ar%,' reiar~ prd'eslleinal ce~ificsdons m~'h'"censcs ~%iAyou ho~ ....
.... ~ ~r~'x-~ ~:rav~ ~ ~ r ~ ?,!v _~j!y.' -_=3~--,'.5~ · , ..- --
10. Give you.- prat. or most r,'~ ~-m mplc'9-~ 7'~'~ po,kion;
· O4'41~ CF ~lRwa4ui._q'w ~w';x~__s4-t~ .. ,
RECEIVED
APR 2 3 2001
CITY CLERK
DEl,RAY BEACH
BOARD MEMBER APPLICATION
1993
Please type or print the {ollowin~ ~onn~on:
1. ~ Nam;: ~ y L k'/',q N~e d e w.
State Zip Code
3. Legal Residence: CJt'y State Zip Go&
4. Principal Business ^ddres$: City State Zip Code
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
6. Are you a registered voter/~/e.¢.q ~) ~ If so, where are you registered? ,, . ~.,
(_
7. WhatBoard(s).~areyouimer~rving? /~ t: r t ~ o ~ O l e.. 14 e, c' 6 / t ,(-- /~ ~ ~ ¢ * )t
8. List all City Boards on whi& you are currmdy ~rving or have pre~io&ly ~rved: (Please i~dude dates)
9. l:.duc~tional qualifications:
10. List any related professional cerdficatlons and licenses which you hold:
11. Give y.our present, or most recent employ?r, andl~osifion:
12. Describe ~xtx~ences, d~lls or lmowl~,e which qualify you to ~rve on this boar& (Please aaa& a brief
I hereby ~rfify r_hat ail the above statements ~ ~4 ~glqv~d un&rstand that any misstatemem of material facts
contalnffin this appli/cation may cause forfeimre--u[oh-n3)rp~t o-'I any appointment I may receive.
SI~KIATURE /
~ ....... GIT¥ GLEFIK
Note:
This application will remain on tqle in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is on file.
S~CITYCLE R.K'~IIOARD'~dn'PL I CATION
Jean Sylvia
1050 B North Dr.
Delray Beach, Florida 33445
( 561 ) 265-0799
Birth Date 11/8/40
Sex Female
Occupation Retired
Widow
Brief Background History
Big Chief Lewis Real Estate
Sunrise Highway
Massapequa, N.Y.
1966-1972
Position: Salesperson
By Lou Real Estate
4905 Sunrise Highway
Massapequa, N.Y.
1972-1979
Position: Owner/BroKer
Treasury Hotel/Casino
Flamingo Rd.
Las Vegas, Nv.
Position: Dealer
1979-1982
Alladin Hotel~Casino
Las Vegas Blvd.
Las Vegas, Nv.
Position: Dealer
1982-1985
Riviera Hotel/Casino
Las Vegas, Nv.
Position: Floorperson
1985-1999
Secura Electric Contracting
Las Vegas, Nv.
Position: President
1986-1992
Secura General Contracting Secura Wholesale
Las Vegas, Nv. Las Vegas, Nv.
1985-1992 1985-1992
Position: President President
I took a leave from the casino ~ndus~ry fo~ a few years to get
actively involved in the family construcT]on businesses. We dla born
re§idential and commercial business.
Memberships
1991-1979, Nassau County Democratic c£uo, District Leader: was actively
involved in local, state and national elections
1968, founded, Massapequa against Drugs, a walK-in Orug ceunceling center.
1970-1979, Massapequa Chamber of Commerce
1966-1979, Long IslAND Board of Realtors
I would be happy to supply more information if you need
F'R~.I : I1~ PI-Ell: 113. : f~l ,'-~ - r~ar. ~ ~ 10:1E1~1'1 P!
L;I;;Ub'UU ~hU USJ:dN ~.~A b6J 1~441 41774 121'1'k C'LI:~C 1~605
BOARD MEMBER APPLICATION
1993
7. List aJl Cfly Boards on which you are cuttemly serving or have previously served: (Please iaclude dates)
qualifications:
9. Li~t say related professional certifkazions and licenses whi~ you hold:
10. Give ~,our pre~ent, or most re¢,mt employer, and p~'sition:-/- _ ~,
Describe experiences, skills or lmowledge whi;h_q}mlify ),eu't.o ~etve on this board; (Plea.~ .a~ta? a.bri?rre~ume) [
.t hereby certify that all :he above $~atements are true, and ! agree end under~tand that any
misstatement of m~=l fa~ contained In thfs appl/~on may ~u~ fo~um upon my
ofp/y appo~me~t ~ay ~/~.RECEIVED [ [
CiTY CLERK_
lqole: This application will remain on f~lc in the City Clerk's O~ce fcc a period of 2 yeats from the date it was
sttbmitte& It will be thc applicant's responsibility to ensure that a current application is on file.
KEVIN P. WARNER
24~ Venetian Drive
Delrny Beach, FL 33483
tel 2668810
ABTECH INDUSTRIES (Seottsdale., Arizona)
V/ce-Pres/dent
* Help run small, start-up env/ronmental pro&lets company
New York. NY &
Delray Beach, FL
1995-pr~ent
LEHMAN BROTHERS, Imtit~ion~! Fixed Income
Vice Presider, GENERALIST SALE5 & RESEARCH DEPARTMENT
* ABa]~ comm~'Ci~ ~K[ re.s/dent/al real estate ~ansactions, new issue
underwritings, and corpor~e bond crc. d/ts for cl/ent ~ationslfips.
* Developed investment sua~egies for fxrm's glo-ney tmmlger clients.
New York. NY
1985-95
CITIBANIC, N.A., Institutional Fixed Income
Vice President, OElqERALIST SM.ES
Managed depository and mortgage ba~king cliem relationships.
New York. NY
1980-85
WASHINGTON, D.C. COUNCIL OF GOVERNMENTS W~shiagton, DC
WATER RESOURCES PLANNER 1977-79
· Pcrformca finm~cial m~alysis for expansion of regional w~'tewater treatment system.
· Wrote regional plan for Isled use applicagon ofwastewa~er.
U.S. ENVIRONMENTAL PROTECTION AGENCY WATKR RESOURCES ElqGINEER
· Identified reg/onal n~ for ~ w~t~ter U~ent ~ pro~.
· Help~ s~me ~~t~ ~ S~~ ~ ~.
Wul~t~o~, DC
1973-76
CONNECTICI.~r DEPARTMENT OF ENVIRONMENTAL PROTECTION
A/R POLLU'I1ON ENGINEER
· Increased industry compliance with sta~e ab pol/~tion regulations.
DISTRICT '/SANITATION COUNCIL - citizen ~]vocacy group.
COMMUNITY BOARD 7 - Hew York Ci~ governmental adv/sory body.
WEST '/'/th STREET BLOCK ASSOCIA'IION - local street associa6on.
Hartford, CT
1972-73
York City
1985-95
DELRAY BF.,ACH AFFILIATIONS
VIA MARINA HOMKOWI~R5/t~OCIATION, President
PROGRESSIVE RESIDENTS OF DELRAY, M~tber
BEACH PROPERTY OWNERS ASSOCIATION, Member
~:DUCATION
PRINCETON UNIVERSITY, Bachelor of Science in F. agineedng, 1971
Princeton, NJ
Delray Be_ach
Southwest President's Association
June 14, 2001
Dear City Commissioners:
The Southwest President's Association is a coalition of neighborhood associations that have organized
as a cohesive unit to work together toward improving the quality of life for our neighborhoods. We
have been working together for several years and to unify our voice on neighborhood issues.
Currently, one such issue is seeking representation on the Community Redevelopment Agency (CRA)
board. It is extremely distressing that we fred ourselves again in a battle to be recognized, heard and
respected. The African-American and minority neighborhoods have been lagging behind for many
years on receiving its fair share of city resources, services and attention. It is time to level the playing
field and let us in the entire game. Simply put, EQUALIZE THE ACCESS AND PROCESS.
The CRA operates under your guidance and had not, in our opinion, been accountable to the all of the
Delray Beach's' citizens, particularly those of us in the southwest and northwest corridors of the city.
This board has already displayed to the community its unwillingness to hear our voice and support our
requests. WARC is a prime example. With the upcoming redevelopment that is slated for our
neighborhoods, we are certain if the current board is reseated, genocide and displacement is
inevitable. They have no concern for our opinions or us, but we feel you do.
The time has come to either appoint or re-appoint the memberships of the CRA board. We are urging
you to appoint new leadership ~hat is in tuned to the needs and interest of the residents of the southwest
and northwest corridors of the city. We are endorsing ,the follo..w, ing candidates in the order.of their
listing:
Zach Straghn
2. Evelyn Dobson
3. Janine Dabney~Battle
4. James Shuler
We realize the pressure is on you to reappoint the existing membership, but we would ask that you not
surrender to such demands and do what is right by our community. We are requesting that you appoint
from the slate of candidates that we have provided you. We needyour support.
Respectfully submitted,
The Presidents of the Southwest Neighborhood Associations
Su~shin O~I'om~o~ner'rs' .~ssociation
Westsettle~Js Ho"~'~wner's Association
o~on~ Neighborhood Association
Palm State He"i~hts Association
a~l~m~'o Hom~ciation
Carver Park Homeowner's Association
Osceola Park Homeowner's Association
~tlantic Park Gardens Neighborhood Association
Paradise Heights Homeowner's Association
~b~ny~~'eowner' s Assocmt~on
._tritt Park Neighborho'od.~sociation
Delray Beach Heights Homeowner's Association
Pinegrove/Fallridge Resident Association
quare Homeowner's Association
I
City of Delray Beach Community Development Dry,sion
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Director, Community Improvement Department ~f~
Kenneth L. Thomas, Coordinator, Community Development Division
June 19, 2001
Approval of the Proposed Contract with Florida State
Department of Children and Families - Alcohol, Drug Abuse
And Mental Health (ADM) Program Office for FY 2001-2002
ITEM BEFORE THE COMMISSION
The purpose of this item is to obtain approval of the proposed contract #ID 009 with the State of
Florida Department of Children and Families (DCF) - Alcohol, Drug Abuse and Mental Health
(ADM) Program Office. This contract represents children/teens and adult prevention activities
for Fiscal Year 2001-2002 (July 1, 2001 - June 30, 2002). The total amount of funding being
provided under this contract is $185,000.
BACKGROUND
The primary purpose of this grant is to support Child/Adolescent/Teens and Adult Programs and
services to residents residing and homeowner's associations located within the City's
Community Development Block Grant (CDBG) Program Target Area. The City of Delray
Beach is the fiscal agent for these DCF funds. MAD DADS, Inc. is the non-profit partner that
establishes policies and programs for these substance abuse activities.
The Child/Adolescent/Teen component supports the programming efforts of MAD DADS'
Extended Day Learning Component. The Extended Day is designed to reinforce resiliency,
build upon existing individual assets, and develop good moral character and citizenship in our
youth. It is academically aligned to the regular school day. This will serve "at-risk" elementary-
aged children and teens residing in the Target Area and attending Village Academy Elementary
School and area High Schools. Under this component, activities include homework
assistance/tutorial, conflict resolution, recreation, etiquette training, drama, dance, music, sports,
college tour and various clubs. The contract provides $145,000 in support of this component.
The Adult component supports community organizing, coalition building, and leadership
development for adult residents living within the Pine Grove, Osceola, Fall Ridge, and La
Paloma neighborhoods (associations).
The grant requires a 33% local match that may either be met through in-kind services or cash.
The City provides in-kind match in the form of office space and technical assistance from
Community Improvement staff. This contract has been reviewed by the City Attorney's Office.
RECOMMENDATIONS
Staff recommends approval of this contract in order to continue the provision of substance abuse
prevention programs and services to children/adolescents/teens and adults residing within the
CDBG Target Area.
111101
CFDA No. 93.959
Client []
Non-Chent []
Mult~-D~stnct []
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
STANDARD CONTRACT
THIS CONTRACT ~s entered into between the Florida Department of Children and Famd~es, hereinafter referred to as the
"department," and CITY OF DELRAY BEACH
hereinafter referred to as the "prowder"
I. THE PROVIDER AGREES:
A. Attachment I
To provide services ~n accordance w~th the conditions specified in Attachment
B. Requirements of Section 287.058 F.S.
To provide units of dehverables, ~ncluding reports, findings, and drafts, as specified in Attachment I, to be received and
accepted by the contract manager prior to payment. To comply with the criteria and the final date by which such critena
must be met for completion of th~s contract as specified ~n Section II1, Paragraph A. of th~s contract. To submit bills for
fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit thereof
Where apphcable, to submit bills for any travel expenses m accordance with section 112.061, F.S. The department may,
~f specified ~n Attachment I, establish rates lower than the maximum provided in secbon 112 061, F S To allow public
access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S., made or
received by the prowder m conJunction w~th th~s contract. It ~s expressly understood that the prowder's refusal to comply
w~th th~s prows~on shall constitute an ~mmed~ate breach of contract.
C. Governing Law
1. State of Florida Law
That this contract ~s executed and entered into in the State of Florida, and shall be construed, performed, and enforced in
all respects m accordance w~th the laws, rules, and regulations of the State of Florida. Each party shall perl=orm its
obhgat~ons herein m accordance with the terms and conditions of the contract
2. Federal Law
a. That if th~s contract contains federal funds, the prowder shall comply with the provisions of 45 CFR, Part 74,
and/or 45 CFR, Part 92, and other applicable regulabons as specified ~n Attachment I
b. That if this contract contains federal funds and is over $100,000, the provider shall comply with all apphcable
standards, orders, or regulabons issued under section 306 of the Clean A~r Act, as amended (42 U S.C 7401 et seq ),
section 508 of the Federal Water Pollution Control Act as amended (33 U.S C 1251 et seq.), Executive Order 11738, and
Enwronmental Protecbon Agency regulations (40 CFR, Part 30) The provider shall report any v~olations of the above to
the department
c. That no federal funds received in connection with th~s contract may be used by the prowder, or agent acting for
the prowder, to influence legislation or appropriations pending before the Congress or any State legislature If this
contract contains federal funding ~n excess of $100,000, the provider must, prior to contract execution, complete the
Certification Regarding Lobbying form, Attachment II If a D~sclosure of Lobbying Acbvit~es form, Standard Form
LLL, ~s required, ~t may be obtained from the contract manager All d~sclosure forms as required by the Cert~ficabon
Regarding Lobbying form must be completed and returned to the contract manager
d. That unauthorized ahens shall not be employed. The department shall consider the employment of
unauthorized ahens a v~olat~on of section 274A(e) of the Immigration and Nationality Act (8 U S C 1324 a) Such v~olation
shall be cause for unilateral cancellation of th~s contract by the department.
e. That if this contract contains $10,000 or more of federal funds, the provider shall comply with Executive Order
11246, Equal Employment Opportunity, as amended by Execuhve Order 11375, and as supplemented m Department of
Labor regulabon 41 CFR, Part 60 [45CFR, Part 92]
f. That if this contract contains federal funds and provides services to children up to age 18, the provider shall
comply with the Pro-Children Act of 1994 (20 U S C 6083). Failure to comply with the provisions of the law may result m
the ~mpos~t~on of a c~vd monetary penalty of up to $1,000 for each violation and/or the ~mposit~on of an administrative
comphance order on the responsible entity Th~s clause is apphcable to all approved subcontracts
D. Audits, Records and Retention
1. To establish and maintain books, records, and documents (including electronic storage media) m accordance with
generally accepted accounbng procedures and practices, which sufficiently and properly reflect all revenues and
expenditures of funds provided by the department under th~s contract
2. To retain all chent records, financial records, supporting documents, stahsbcal records, and any other documents
0nclud~ng electronic storage med~a) pertinent to th~s contract for a period of five (5) years after comptebon of the contract,
or ~f an audit has been ~n~bated and audit findings have not been resolved at the end of five (5) years, the records shall be
retained unbl resolution of the audit findings or any litigation which may be based on the terms of th~s contract
CF Standard Contract, JF 01/2001 1 CONTRACT # ID009
1/1/01
3. Upon demand, at no add~bonal cost to the department, the prowder will fac~htate the duplication and transfer of any
records or documents dunng the required retention period in Secbon I, Paragraph D.2
4. To assure that these records shall be subject at all reasonable bmes to inspection, review, copying, or audit by
Federal, State, or other personnel duly authorized by the department.
5. At all reasonable times for as long as records are maintained, persons duly authorized by the department and
Federal auditors, pursuant to 45 CFR, Part 92 36(i)(10), shall be allowed full access to and the right to examine any of the
prowder's contract and related records and documents, regardless of the form ~n which kept
6. To prowde a financial and comphance audit to the department as specified ~n Attachment III and to ensure that
all related party transactions are d~sclosed to the au&tor
7. To ~nclude these aforementioned audit and record keeping requirements m all approved subcontracts and
assignments
E. Monitoring by the Department
To permit persons duly authorized by the department to inspect any records, papers, documents, facd~t~es, goods, and
services of the provider which are relevant to th~s contract, and to ~nterview any chents and employees and subcontractor
employees of the provider to assure the department of the satisfactory performance of the terms and conditions of th~s
contract Following such evaluation, the department wdl deliver to the prowder a written report of ~ts findtngs and request
for development, by the provider, a correchve action plan The provider hereby agrees to correct all noted deficiencies
~dent~fled by the department w~th~n the specified period of t~me set forth ~n the department approved corrective action plan
F. Indemnification
NOTE: Paragraphs I F.1 and 2 are not apphcable to contracts executed between state agencies or subdivisions, as
defined in subsection 768 28(2), F.S.
1. To be I~able for and indemmfy, defend, and hold the department and all of its officers, agents, and employees
harmless from all claims, suits, judgments, or damages, including attorneys' fees and costs, arising out of any act, actions,
neglect, or omissions by the provider, ~ts agents, or employees dunng the performance or operation of th~s contract or any
subsequent modifications thereof, whether d~rect or indirect, and whether to any person or tangible or Intangible property
2. That ~ts inabihty to evaluate its liabd~ty or ~ts evaluation of liability shall not excuse the prowder's duty to defend and
to indemnify within seven (7) days after not~ce by the department by certified ma~l After the highest appeal taken is
exhausted, only an adjudication or judgment specifically finding the provider not liable shall excuse performance of this
prows~on The prowder shall pay all costs and fees, including attorneys' fees related to these obhgations and their
enforcement by the department. The department's fadure to notify the prowder of a claim shall not release the prowder of
these duties The provider shall not be hable for the sole negligent acts of the department
G. Insurance
To provide adequate I~abihty insurance coverage on a comprehensive basis and to hold such I~abihty ~nsurance at all bmes
ctunng the exIstence of th~s contract and any renewal(s) and extension(s) of it By execution of th~s contract, unless ~t ~s a
state agency or subdivision as defined by subsection 768.28(2), F.S., the provider accepts full responslbihty for identifying
and determining the type(s) and extent of liabd~ty insurance necessary to provide reasonable financial protections for the
prowder and the clients to be served under th~s contract. Upon the execution of this contract, the prowder shall furmsh the
department written verification supporting both the determination and existence of such insurance coverage Such
coverage may be provided by a self-insurance program estabhshed and operating under the laws of the State of Florida
The department reserves the right to require additional insurance as specified m Attachment I.
H. Safeguarding Information
Not to use or dzsclose any information concerning a recipient of services under th~s contract for any purpose not m
conformity w~th state statutes and federal law or regulations (45 CFR, Part 205.50), except upon written consent of the
reclp~ent, or the responsible parent or guardian when authorized by law
I. Assignments and Subcontracts
1. To neither assign the responsibility for this contract to another party nor subcontract for any of the work
contemplated under this contract without prior written approval of the department which shall not be unreasonably
w~thheld Any subi~cense, assignment, or transfer otherwise occurnng, w~thout prior approval of the department, shall be
null and void
2. To be responsible for all work performed and ail expenses incurred with the project if the department permits the
provider to subcontract all or part of the work contemplated under this contract, including entering into subcontracts with
vendors for services and commodities, it is understood by the provider that all such subcontract arrangements shall be
ewdenced by a written document subject to prior review and comment by the department Such rewew of the written
subcontract document by the department w~ll be hmited to a determlnahon of whether or not subcontracting ~s permissible
and the inclusion of apphcable terms and conditions of this contract. The provider further agrees that the department shall
not be liable to the subcontractor for any expenses or liabditles incurred under the subcontract and the prowder shall be
solely I~abte to the subcontractor for all expenses and I~abilibes incurred under the subcontract The prowder, at ~ts
expense, w~ll defend the department against such claims
2 CONTRACT # ID009
1/1101
3. That the State of Florida shall at all bmes be entitled to assign or transfer its rights, dubes, or obhgabons under th~s
contract to another governmental agency ~n the State of Florida, upon g~vmg prior written nobce to the prowder In the
event the State of Florida approves transfer of the provider's obligations, the prowder remains responsible for all work
performed and all expenses recurred in connecbon with the contract In addition, th~s contract shall bind the successors,
assigns, and legal representatives of the prowder and of any legal enbty that succeeds to the obligations of the State of
Florida.
4. To make payments to the subcontractor within seven (7) working days after receipt of full or part~al payments from
the department ~n accordance w~th secbon 287.0585, F S, unless otherwise stated ~n the contract between the prowder
and subcontractor Fadure to pay w~thin seven (7) working days will result ~n a penalty charged against the prowder and
pa~d to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the
penod allowed here~n for payment Such penalty shall be ~n add~bon to actual payments owed and shall not exceed fifteen
(15) percent of the outstanding balance due
J. Return of Funds
To return to the department any overpayments due to unearned funds or funds d~sallowed pursuant to the terms of th~s
contract that were d~sbursed to the provider by the department. In the event that the prowder or its independent auditor
d~scovers that an overpayment has been made, the provider shall repay sa~d overpayment within 40 calendar days
w~thout prior not~flcabon from the department. In the event that the department first d~scovers an overpayment has been
made, the contract manager, on behalf of the department, will notify the prowder by letter of such findings Should
repayment not be made forthwith, the provider wdl be charged at the lawful rate of ~nterest on the outstanding balance
after department notification or provider discovery.
K. Client Risk Prevention and 'Incident Reporting
1. That if services to chents will be provided under this contract, the prowder and any subcontractors shall, in
accordance with the chent nsk prevention system, report those reportable situations listed m CFOP 215-6 m the manner
prescribed in CFOP 215-6 or d~stnct operating procedures
2. To ~mmed~ately report knowledge or reasonable suspicion of abuse, neglect, or explo~tabon of a child, aged person,
or d~sabled adult to the Florida Abuse Hotline on the statew~de toll-free telephone number (1-800-96ABUSE) As required
by Chapters 39 and 415, F S., th~s ~s binding upon both the provider and ~ts employees
L. Purchasing
1. To purchase arbcles which are the subject of or are required to carry out th~s contract from Prison Rehab~htative
Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F S, ~n the same manner and under
the procedures set forth in subsections 946.515(2) and (4), F S For purposes of this contract, the provider shall be
deemed to be substituted for the department insofar as deahngs with PRIDE Th~s clause is not applicable to
subcontractors unless otherwise required by law. An abbreviated hst of products/services available from PRIDE may be
obtained by contacbng PRIDE, (850) 487-3774
2. To procure any recycled products or materials which are the subject of or are required to carry out this contract, ~n
accordance with the provisions of sections 403 7065, and 287.045, F.S
M. Civil Rights Requirements
1. Not to discriminate against any employee in the performance of th~s contract, or against any apphcant for
employment, because of age, race, creed, color, disabihty, national origin, or sex. The prowder further assures that all
contractors, subcontractors, subgrantees, or others w~th whom it arranges to provide services or benefits to participants or
employees ~n connecbon w~th any of ~ts programs and acbvibes are not discnm~nabng against those participants or
employees because of age, race, creed, color, disability, national origin, or sex This is binding upon the provider
employing fifteen (15) or more individuals.
2. To complete the Civil RighTs Compliance Quesbonna~re, CF Forms 946 A and B, in accordance with HRSM 220-2.
This is b~ndmg upon prowders ~f services are directly provided to clients and ~f 15 or more individuals are employed.
N. Independent Capacity of the Contractor
1. To be solely liable for the performance of all tasks contemplated by this contract which are not the exclusive
respons~bihty of the department
2. To act m the capacity of an independent contractor and not as an officer, employee of the State of Flonda, except
where the prowder ~s a state agency Neither the provider nor its agents, employees, subcontractors or assignees shall
represent to others that it has the authority to b~nd the department unless specifically authorized m writing to do so
3. Th~s contract does not create any right to state rebrement, leave benefits or any other benefits of state employees
as a result of performing the dubes or obhgations of th~s contract
4. To take such acbons as may be necessary to ensure that each subcontractor of the provider will be deemed to be
an ~ndependent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the
State of Florida
5. The department will not furmsh services of support (e.g., office space, office supphes, telephone service, secretarial
or clerical support) to the provider, or its subcontractor or assignee, unless justified by the prowder and agreed to by the
department in Attachment I
6. All deducbons for social security, w~thhold~ng taxes, ~ncome taxes, contrlbubons to unemployment compensabon
funds, and all necessary ~nsurance for the prowder, the prowder's officers, employees, agents, subcontractors, or
assignees shall be the sole respons~bd~ty of the prowder
3 CONTRACT # ID009
111101
O. Sponsorship
As required by section 286 25, F.S., if the prowder is a nongovernmental organization which sponsors a program financed
wholly or ~n part by state funds, ~ncludmg any funds obtained through this contract, ~t shall, in pubhciz~ng, advertising, or
describing the sponsorship of the program, state' "Sponsored by (provider's name) and the State of Florida, Department
of Children and Famd~es" If the sponsorship reference is ~n written material, the words "State of Florida, Department of
Chddren and Famdies" shall appear m the same s~ze letters or type as the name of the organization.
P. Final Invoice
To submit the final invoice for payment to the department no more than 45 days after the contract ends or is
terminated If the provider fads to do so, all rights to payment are forfeited and the department will not honor any requests
submitted after the aforesaid t~me period. Any payment due under the terms of this contract may be w~thheld untd all
reports due from the prowder and necessary adjustments thereto have been approved by the department
Q. Use Of Funds For Lobbying Prohibited
To comply with the provisions of sections 11.062 and 216.347, F S., which prohibit the expenditure of contract funds for
the purpose of lobbying the Legislature, judicial branch, or a state agency.
R. Public Entity Crime
Pursuant to section 287 133, F.S, the following restrictions are placed on the ability of persons convicted of pubhc entity
cr~mes to transact business with the department' When a person or affihate has been placed on the conwcted vendor list
following a conwcbon for a pubi~c entity crime, he/she may not submit a bid on a contract to prowde any goods or services
to a pubhc enbty, may not submit a bid on a contract with a pubhc entity for the construction or the repair of a pubhc
budding or pubhc work, may not submit bids on leases of real property to a pubhc entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any pubhc entity, and may not transact
bus~ness with any pubhc entity m excess of the threshold amount provided ~n section 287.017, F S., for CATEGORY TWO
for a period of 36 months from the date of being placed on the conwcted vendor list.
S. Patents, Copyrights, and Royalties
1. If any discovery or invention arises or ~s developed in the course or as a result of work or services performed under
th~s contract, or m anyway connected herewith, the provider shall refer the d~scovery or invenbon to the department to be
referred to the Department of State to determine whether patent protection will be sought m the name of the State of
Florida Any and all patent rights accruing under or in connection w~th the performance of this contract are hereby
reserved to the State of Florida.
2. In the event that any books, manua)s, films, or other copyrightable materials are produced, the prowder shall nobfy
the Department of State. Any and all copyrights accruing under or in connecbon with the performance under th~s contract
are hereby reserved to the State of Florida.
3. The prowder, w~thout excepbon, shall indemmfy and save harmless the State of Florida and ~ts employees from
habihty of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented
invention, process, or article manufactured by the prowder The prowder has no hability when such claim is solely and
excluswely due to the Department of State's alteration of the article The State of Florida will prowde prompt written
not~ficabon of claim of copyright or patent infringement. Further, if such claim is made or ~s pending, the provider may, at
~ts option and expense, procure for the Department of State, the right to conbnue use of, replace, or modify the article to
render it non-~nfrmg~ng If the provider uses any design, dewce, or materials covered by letters, patent, or copyright, ~t is
mutually agreed and understood without exception that the b~d prices shall include alt royalbes or costs arising from the
use of such design, dewce, or materials m any way revolved m the work
T. Construction or Renovation of Facilities Using State Funds
That the department shall file a lien against any property that has been constructed or substantially renovated, in whole or
~n part, through the use of state funds However, the department ~s not required to file a hen if the amount of state funds
does not exceed $25,000 or 10 percent of the contract amount, whichever amount ~s less. As a cond~bon of receipt of
state funding for th~s purpose, the provider agrees that, if it disposes of the property before the department's hen interest
~s vacated, the provider wdl refund the proportionate share of the state's in,hal investment, as adjusted by depreciation
U. Security Obligations
1. To ~dentify an appropriately skilled ~ndividual to function as its Data Security Officer Th~s Security Officer shall act
as the halson to the Department's Security Staff and wdl maintain an appropriate level of data security for the ~nformat~on
the prowder ~s collecting or using ~n the performance of th~s contract Th~s includes approwng and tracking all provider
employees that request system or mformabon access and ensuring that user access has been removed from all
terminated provider employees
2. To furmsh Security Awareness Training to its staff.
3. To ensure that all prowder employees that have access to departmental ~nformabon are prowded a copy of CFOP
50-6 and s~gn the DCF Security Agreement form (CFl14). A copy may be obtained from the contract manager
V. Accreditation
That the department is committed to ensuring provision of the highest quality services to the persons we serve
Accordingly, the department has expectations that where accreditation is generally accepted nationwide as a clear
indicator of quality service, the majority of our providers will either be accredited, have a plan to meet nahonal
accredltabon standards, or wdl in,bate one within a reasonable period of bme
4 CONTRACT # lDO09
1/1/01
W. Agency for Workforce Innovation and Workforce Florida
That ~t understands that the department, the Agency for Workforce Innovation, and Workforce Flonda, Inc. have jointly
~mplemented an imt~abve to empower recipients ~n the Temporary Assistance to Needy Famihes Program to enter and
remain ~n gainful employment The department encourages provider participabon with the Agency for Workforce
innovation and Workforce Florida
II. THE DEPARTMENT AGREES:
A. Contract Amount
To pay for contracted services according to the condlbons of Attachment I in an amount not to exceed
$185,000.00 , subject to the availabihty of funds. The State of Florida's performance and obhgabon to pay under
th~s contract is contingent upon an annual appropriation by the Legislature Any costs or services pa~d for under any other
contract or from any other source are not ehg~ble for payment under th~s contract.
B. Contract Payment
Pursuant to section 215.422, F.S, the department has five (5) working days to inspect and approve goods and services,
unless the b~d spec~ficabons, purchase order, or this contract specifies otherwise With the exception of payments to
health care prowders for hospital, medical, or other health care services, ~f payment ~s not available within 40 days,
measured from the latter of the date a properly completed invoice is received by the department or the goods or services
are received, ~nspected, and approved, a separate interest penalty set by the Comptroller pursuant to secbon 55.03, F.S.,
will be due and payable tn addition to the ~nvoice amount. To obtain the apphcable interest rate, contact the d~stnct fiscal
office/contract administrator. Payments to health care prowders for hospital, medical, or other health care services, shall
be made not more than 35 days from the date ehg~bd~ty for payment ~s determined F~nanclat penalbes will be calculated
at the dady interest rate of .03333%. Invoices returned to a vendor due to preparabon errors w~ll result m a payment
delay Interest penalties less than one dollar will not be enforced unless the vendor requests payment
C. Vendor Ombudsman
A Vendor Ombudsman has been established within the Department of Banking and Finance The duties of this office are
found m section 215.422 (7), F.S., which include disseminating information relabve to the prompt payment of this state
and ass~sbng vendors in receiving their payments in a hmely manner from a state agency The Vendor Ombudsman may
be contacted at (850) 410-9724 or 1-800-848-3792, the State of Flonda Comptroller's Hothne
D. Notice
Any notice, which is required under this contract, shall be m wribng and sent by U S Postal Service or any expedited
dehvery service that provides verification of delivery, to the designated address contained m th~s contract
III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE:
A. Effective and Ending Dates
Th~s contract shall begin on JULY 1~ 2001
parties, whichever is later. It shall end on
, or on the date on which the contract has been signed by both
JUNE 30, 2O02
B. Termination
1. This contract may be terminated by either party without cause, no less than thirty (30) calendar days notice ~n
wr]bng to the other party unless a lesser time is mutually agreed upon in wribng. Sa~d notice shall be delivered by any
mailing service that provides ver~ficabon of dehvery or In person with proof of delivery.
2. In the event funds to finance th~s contract become unavailable, the department may terminate the contract upon no
less than twenty-four (24) hours notice m writing to the provider. Said notice shall be sent by U S Postal Service or any
expedited delivery service that prowdes verification of delivery The department shall be the final authority as to the
avadabihty and adequacy of funds. In the event of termination of th~s contract, the provider will be compensated for any
work satisfactorily completed.
3. Th~s contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours nobce
~n writing to the prowder. If apphcable, the department may employ the default provisions in Chapter 60A-1.006(3), F.A C
Waiver of breach of any prows~ons of this contract shall not be deemed to be a waiver of any other breach and shall not
be construed to be a mod~ficabon of the terms of th~s contract. The prowsions here~n do not hm~t the department's right to
remedies at law or m equity.
4. Failure to have performed any contractual obhgations with the department in a manner sabsfactory to the
department will be a sufficient cause for terminabon To be terminated as a provider under th~s provis~on, the prowder
must have: (1) previously failed to satisfactorily perform in a contract with the department, been notified by the
department of the unsabsfactory performance, and failed to correct the unsatisfactory performance to the sabsfacbon of
the department, or (2) had a contract terminated by the department for cause
5 CONTRACT # ID009
111/01
C. Renegotiation or Modification
Modifications of provisions of this contract shall only be vahd when they have been reduced to wnbng and duly s~gned by
both part~es. The rate of payment and the total dollar amount may be adjusted retroacbvely to reflect price level ~ncreases
and changes ~n the rate of payment when these have been estabhshed through the appropriations process and
subsequently ~dentified m the department's operabng budget
D. Official Payee and Representatives (Names, Addresses, and Telephone Numbers):
1. The provider name, as shown on page 1 of th~s
contract, and mailing address of the official payee to
whom the payment shall be made ~s:
C~ty of Delray Beach
100 N W First Avenue
Delray Beach, Florida 33444
3. The name, address, and telephone number of the
contract manager for the department for th~s contract ~s'
Cathy Claud
2328 10th Avenue North, 5th Floor
Lake Worth, Florida 33461
(561) 540-5660
2. The name of the contact person and §treet address
where financial and administrative records are maintained
IS'
Kenneth L. Thomas
100 N W. F~rst Avenue
Delray Beach, Florida 33444
4. The name, address, and telephone number of the
representatwe of the prowder responsible for
adm~nistrabon of the program under th~s contract ~s'
Lula Butler
100 N. W F~rst Avenue
Delray Beach, Florida 33444
(561) 243-7203
5. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided
in wnbng to the other party and the notification attached to the originals of tins contract.
E. All Terms and Conditions Included
This contract and ~ts attachments, I, II and III and
exhibits referenced ~n said attachments, together w~th any documents ~ncorporated by reference, contain all the terms and
cond~bons agreed upon by the parties. There are no prows~ons, terms, cond~bons, or obhgations other than those
contained herein, and th~s contract shall supersede all previous commumcabons, representabons, or agreements, e~ther
verbal or written between the parties. If any term or provision of th~s contract ~s legally determined unlawful or
unenforceable, the remainder of the contract shall remain in full force and effect and such term or prowsion shall be
stricken
By signing this contract, the parties agree that they have read and agree to the entire contract, as described in
Paragraph III.E. above.
IN WITNESS THEREOF, the part~es hereto have caused th~s 66 page contract to be executed by their undersigned
officials as duly authorized.
PROVIDER:
City of Delra¥ Beach
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
SIGNED SIGNED
BY: BY:
NAME: Dawd W Schm~dt NAME:
TITLE: Mayor TITLE:
DATE: DATE:
Dawd May
D~strict Nme Administrator
STATE AGENCY 29 DIGIT SAMAS CODE:
Federal ElD # (or SSN): 59-6000308
Provider Fiscal Year Ending Date: 06 / 30
CONTRACT # ID009
07/01/2001
City of Delary
Performance Contract
ADM Services Program
ATTACHMENT I
A. Services To Be Provided
The provider will ensure the provision of Alcohol, Drug Abuse and Mental Health
services as specified in Exhibit A and if applicable Exhibit A-1.
1. Definition of Terms
a. Contract Terms
(1) Advance Payment - A payment situation whereby under certain
circumstances it is possible to make a portion of the contract funds
available to a provider prior to the delivery of services or
expenditure of funds by the provider. Advance payment(s) may be
used only when authorized by the State's Appropriations Act or
expressly authorized by other law. Advances may be made only to
not-for-profit corporations or governmental agencies.
(2) Amendment - A document by which substantial changes are
made to the terms of an executed contract. Changes requiring an
amendment include, but are not limited to, adjustments in costs,
services, time period, and methods of payment. The amendment is
incorporated as part of the original contract.
(3) Contract - A contract, for the purposes of this document, is a
formal agreement between the department and an individual or
organization for the procurement of services. A contract consists of
the Standard Contract, Program Specific Model Attachment !
(PSMAI)/Attachment I, including special provisions where
appropriate, plus any other attachments or exhibits deemed
necessary. Per Chapter 287, Florida Statues (F.S.), a contract
must be signed by both parties prior to services being rendered.
(4) Contract Manager- The department's employee responsible
for enforcing the performance of contract terms and conditions.
The contract manager is the department's primary point of contact
through which all contracting information flows between the
department and the provider.
(5) Contract Term - The period of time beginning with the contract
start date and ending with the contract end date.
(6) Cost Reimbursement- Method of payment used when the
7 PSMAI No. HC02
Revised 03/29/01 Contract No. ID009
07/01/2001
City of Delary
Performance Contract
ADM Services Program
department reimburses the provider for actual expenditures
incurred in accordance with a line item budget.
(7) Department - Florida Department of Children and Families,
unless otherwise stated.
(8) District - The Florida Department of Children and Families'
territorial division pertaining to a geographical service area.
(9) Exhibit - Information appended to an Attachment I or any other
contract attachment. The use of the word "exhibit" avoids
confusion and allows for clearer referencing. All exhibits to an
Attachment I/PSMAI must be referenced in that Attachment
I/PSMAI.
(10) Federal Fiscal Year- An accounting period of twelve
consecutive months starting on October 1 and ending on the last
day of September.
(11) Fixed Price - Method or payment used when services can be
broken down into unit costs (e.g., hours, client days, etc.), or a
fixed fee (e.g., payment based on delivery of a complete service).
(12) Invoice - A completed and timely submitted document used by
the provider to request payment from the department.
(13) Match - A contribution, in cash or in kind, specified by the
funding source to be used in conjunction with the donation of the
funding source, and upon which receipt of that donation is
contingent.
(14) Method of Payment- This is the third section of an
Attachment I/PSMAI. It specifies the total or maximum dollar
amount of the contract, the manner in which contract costs will be
displayed on invoices, the frequency with which invoices will be
submitted to the department, and any special conditions pertaining
to payment of contract invoices.
(15) Provider- An organization or individual providing services or
materials to the department in accordance with the terms of the
contract. This term is also known as "contractor".
(16) Provider Fiscal Year-An accounting period of twelve
consecutive months.
8 PSMAI No. HC02
Revised 03/29/01 Contract No. ID009
07/01/2001
C~ty of Delary
Performance Contract
ADM Services Program
(17) Region - The Department of Children and Families' specified
territory or geographical service area.
(18) State Fiscal Year - An accounting period of twelve
consecutive months starting on July 1 and ending on the last day of
June.
(19) References within this contract to citations of law are
specifically intended to include any amendments to those laws or
rules as they may become effective during the contract period.
b. Program/Service Specific Terms
(1) Available Appropriations o State funds for mental health and
substance abuse services and the associated local matching funds.
(2) Client (synonymous with recipients and persons who are
receiving services) - Any individual who is receiving services in any
alcohol, drug abuse, or mental health facility, program or service,
whose cost of care is paid, in part or in whole, by the department,
Medicaid, or local match.
(3) Community-based Services - Mental Health and Substance
Abuse services provided outside a state mental health facility or a
general hospital licensed under Chapter 395, F.S.
(4) Cost Center ( synonymous with services) - Described in
Appendix A, Cost Center Service Descriptions and Models, of A
Guide to Performance Contracting for Alcohol, Drug Abuse and
Mental Health Services, 5A Edition, May 2001.
(5) Local Match - Described in section 394.76, F.S., and Rule 65E-
14.005, Florida Administrative Code (F.A.C.), which is to be
interpreted to mean that expenditures for alcohol services requires
local match and drug abuse services do not require local match.
(6) Major Medical Equipment - Fixtures and other tangible personal
property of a nonconsumable and nonexpendable nature, the value
of which is $1,000 or more and the normal expected life of which is
one year or more.
(7) Major Remodeling - Any construction to property that materially
affects its value.
(8) Pamphlet 155-2 for Mental Health and Substance Abuse
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Measurement and Data, CFP 155-2, effective July 1, 2000 -A
document promulgated by the department that contains, among
other things, descriptions of each performance standard and
outcome applicable for persons receiving substance abuse and
mental health services.
(9) Patient Fees - Compensation received by a community
substance abuse or mental health facility for services rendered to a
specific client from any source of funds, including city, county,
state, federal and private sources.
(10) Prorated Share - The total number of unpaid units or funds
divided by the number of months remaining between the time the
prorated share is calculated and the end date of the contract.
(11) Representative Payee -An entity who is legally authorized to
receive Supplemental Security Income, Social Security Income,
Veterans Administration benefits, or other federal benefits on
behalf of a client.
(12) State Custody - The care of clients being made the
responsibility of a state agency by court order pursuant to Chapters
39, 393, 394, 397, 916, and section 985.223, F.S.
(13) TANF Participant - A person or family member of that person
as defined in 45 CFR Part 260 and section 414.1585, F.S.
(14) Temporary Assistance to Needy Families Program (TANF)-
Cash assistance families include any families receiving cash
assistance payments from the state program for Temporary
Assistance to Needy Families pursuant to the provisions of section
414.045, F.S., and part A of Title IV of the Social Security Act.
(15) TCA (Temporary Cash Assistance) - Formerly WAGES.
2. General Description
a. General Statement
These services are community-based alcohol, drug abuse and mental
health services provided under contract for adults and children as
authorized in section 394.74, F.S. The services are specified in A Guide
to Performance Contracting for Alcohol, Drug Abuse and Mental Health
Services, 5A Edition, May 2001.
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b. Authority
(1) The provider agrees to comply with Chapters 39,393, 394,
395, 397, 916, and section 985.223, F.S., and Chapters 65D-30,
65E-4, 65E-5, 65E-10, 65E-12, 65E-14, and 65E-15, F.A.C.
(2) The provider agrees to comply with all other applicable federal
laws, state statutes and associated administrative rules as may be
promulgated or amended from time to time.
(3) Pursuant to section 402.73, F.S., the provider agrees to
maintain data on the performance standards specified in Exhibit D,
Alcohol, Drug Abuse and Mental Health Performance Measures,
and section D, Special Provisions, for the types of services
provided under this contract and shall submit such data to the
department upon request.
(4) If TANF recipients and the diversion population are served, the
provider agrees to comply with the applicable parts of Part A, Title
IV of the Social Security Act, 45 CFR Part 260, and section
414.1585, F.S.
(5) If Exhibit B, Funding Detail, indicates funding from Temporary
Assistance To Needy Family Grant, the provider agrees to comply
with all applicable state statutes and federal rules and regulations
regarding same.
(6) A provider which receives federal block grant funds from the
Substance Abuse Prevention and Treatment or Community Mental
Health Block Grants agrees to comply with Subparts I and II of Part
B of Title XIX of the Public Health Service Act, sections 42 U.S.C.
300x-21 et seq. (as approved September 22, 2000) and the Health
and Human Services (HHS) Block Grant regulations (45 CFR Part
96).
c. Scope of Service
(1) The provider's service area will include the following counties:
Palm Beach County
(2) The provider agrees to furnish services throughout the contract
period.
d. Major Program Goals
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(1) The following principles shall be used in the construction of this
contract. These major program goals are intended to provide a
general understanding of the relationship between the services
being provided and the required outcomes:
(a) For adults with mental illness, the provider will seek to
stabilize people so they can live in the least restrictive
community setting as possible.
(b) For children with an emotional handicap, serious
emotional disturbance, or mental illness, the provider will
seek to modify the behavior of these children so they can
live at home or in the community and succeed at school.
(c) For adults with substance abuse problems, the provider
will seek to enable these adults to be stable, self-sufficient,
and addiction free.
(d) For children with or at risk of substance abuse problems,
the provider will seek to enable these children to be free
from addiction.
(2) Services rendered to Temporary Cash Assistance eligible
applicants and recipients support the achievement of at least one
of the four TANF goals:
(a) Provide assistance to eligible families so that children
may be cared for in their own homes or in homes of
relatives.
(b) End the dependence of needy parents on government
benefits by promoting job preparation, work and marriage.
(c) Prevent and reduce the incidence of out of wedlock
pregnancies and establish annual numerical goals for
preventing and reducing the incidence of these pregnancies.
(d) Encourage the formation and maintenance of two-parent
families.
(3) Services rendered to the new non-Temporary Cash Assistance
Diversion population must support the goals as stated in
subsection 414.1585(1), F.S., which are to assist families in
avoiding welfare dependence and to stabilize families, so that:
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(a) Children can be cared for in their own homes or in the
homes of relatives, and
(b) Families can be self-sufficient.
3. Clients to be Served
a. General Description
The provider agrees to provide services funded by this contract to the
target populations that are checked below:
Adult Mental Health - Severe and Persistent Mental Illness
Adult Mental Health - Crisis
Adult Mental Health - Forensic Involvement
Children Mental Health - Other
Children's Mental Health - Seriously Emotionally Disturbed
Children's Mental Health - Emotionally Disturbed
Children's Mental Health - At Risk of Emotional Disturbance
Parents Puffing Children at Risk of Substance Abuse
Persons with Substance Abuse in Criminal Justice System
Intravenous Drug Users
Dually Diagnosed Persons with Substance Abuse
Older Adults with Substance Abuse Problems
Children Using Substances Under State Supervision
Children Using Substances Not Under State Supervision
Children At Risk of Substance Abuse
TANF Recipients
b. Client Eligibility
(1) The provider agrees that all persons meeting the target
population descriptions in paragraph A.3.a. above, are eligible for
services based on the availability of resources. A detailed
description of each target population is contained in the Pamphlet
155-2 for Mental Health and Substance Abuse Measurement and
Data, CFP 155-2, effective July 1, 2000.
(2) The provider agrees that crisis stabilization units and
substance abuse detoxification and addiction receiving facility
services must be provided to all persons meeting the criteria for
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admission.
(3) The provider agrees that funds provided in this contract will not
be used to serve persons outside the target population(s) specified
in paragraph A.3.a., above.
(4) The provider agrees to comply with the eligibility criteria
specified in 45 CFR Part 260 and section 414.1585, F.S., for
determining which clients that are eligible for TANF Services.
c. Client Determination
(1) The provider agrees to enroll all persons served using the
department's enrollment process described in Pamphlet 155-2 of
the Mental Health and Substance Abuse Measurement and Data,
CFP 155-2, effective July 1, 2000. A detailed description of each
target population and sub-population is also given in this
publication.
(2) The provider agrees that all clients, to be served under this
contract, who are eligible for TANF services must be approved in
writing by an authorized district staff from the program office. The
provider agrees that client eligibility and determination is
exclusively the responsibility of the department.
(3) The provider agrees to provide services to family members of
eligible TANF participants, only after the eligibility determination of
the TANF applicant has been verified.
d. Contract Limits
(1) Absent an amendment to this contract, the provider is not
authorized to bill the department for more units than are specified
in Exhibit A, State Funding By Cost Center and Program, or for
more units than can be purchased with the amount of funds
specified in N/A , State TANF Funding By Cost Center and
Program.
(2) Notwithstanding the provisions of paragraph III.C. of the
Standard Contract, the department may unilaterally increase or
decrease the initial number of units specified in Exhibit A, State
Funding By Cost Center and Program, up to 90 days after the
contract's effective date, based on the availability of state funding.
(3) The provider agrees to determine needed services in
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accordance with Chapter 65E-15, F.A.C., for mental health
services and the Substance Abuse Prevention and Treatment
Block Grant for substance abuse services. In the event neither of
the above is applicable, the provider must use ASAM-PPC-2
Florida Supplement, Revised, July 1,2001. ASAM-PPC means
American Society of Addiction Medicine, Patient Placement
Criteria.
B. Manner of Service Provision
1. Service Tasks
a. Task List
(1) The provider will deliver units of services from the provider by
program and in the number specified in Exhibit A, State Funding
By Cost Center and Program, or will purchase units of services
from the provider by program up to the amount of funding specified
in NIA , State TANF Funding by Cost Center.
(2) The provider agrees to provide additional services with local
match up to the amount specified in Exhibit B, Funding Detail.
(3) The provider agrees to serve the number of persons indicated
in Exhibit D, Alcohol, Drug Abuse and Mental Health Required
Standards and Outcomes, of the contract.
(4) The provider agrees to use the Florida Supplement to the
American Society of Addiction Medicine Patient Placement Criteria
for the Treatment of Substance-Related Disorders, Second Edition
(ASAM PPC-2), July 1, 2001, for assessing clients receiving
substance abuse treatment services.
b. Task Limits
The provider agrees that the services to be provided will be provided upon
receipt of a written authorization from an authorized department staff prior
to the delivery of the service.
2, Staffing Requirements
a. Staffing Levels
In the determination of the contract rates, the provider agrees to be bound
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by the staff productivity standards as given in Section 4-4.5 in Chapter 4
of A Guide to Performance Contracting for Alcohol, Drug Abuse and
Mental Health Services, 5A Edition, May 2001.
b. Professional Qualifications
Contract Providers are required to develop and implement a Credentialinq
and Recredentialinq process to select and evaluate the practitioners who
participate within its defivery system. Included are psychiatrists, addiction
specialists, psychologists, clinical social_workers, psychiatric nurses, and
other behavioral behalthcare practitioners who are authorized by the State
of Florida to practice within the scope of their iicensure requirements.
Choosing the practitioners who will work in the agency delivery system is
part of the contract providers responsibility. Well-.defined policies and
procedures describe the requirements and the process used to evaluate
practitioners. Part of the process includes a formal application, primary
source verification of education, license insurance, National Practitioner
Database Query and other checks that enble the contract provider to
ensure a hiqh quality of care is beinq delivered to its clients population.
Included in the process shall be verification of time limits. (All providers)
c. Staffing Changes
The provider agrees to notify the department of staffing changes in the
following positions: Program Director and above.
d. Subcontractors
This contract does allow the Provider to subcontract for some or all of the
services contained in this contract. All applicable clauses and/or contract
requirements contained in the Standard Contract and its attachments shall
be passed on to the subcontractor.
Service Location and Equipment
a. Service Delivery Location
The location of services will be as specified in the approved district plan or
departmentally approved agency-operating plan.
b. Service Times
('1) The dates and times will be as specified in the approved district
plan or departmentally approved agency-operating plan.
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(2) The provider agrees to notify, in writing, the contract manager
within 7 days of any changes in dates and times where services
are being provided that will materially affect compliance with the
district plan or departmentally approved agency-operating plan as
appropriate.
c. Changes in Location
The provider agrees to notify, in writing, the contract manager within 7
days of any changes in locations where services are being provided that
will materially affect compliance with the district plan or departmentally
approved agency-operating plan as appropriate.
d. Equipment
The provider agrees to furnish all appropriate equipment necessary for the
effective delivery of the services purchased.
4. Deliverables
a. Service Units
(l) The provider agrees to deliver the service units specified in
Exhibit A, State Funding By Cost Center and Program, and that
can be provided with the amount of funds specified in NIA , State
TANF Funding By Cost Center and Program, of the contract.
(2) Where the provider uses the provision of services beyond
those of Exhibit A, State Funding By Cost Center and Program,
and N/A, State TANF Funding By Cost Center and Program, as
local match, the unit cost of the services multiplied by the number
of additional service units must be equal to or greater than the
required amount given in Exhibit B, Funding Detail.
b. Reports
(1) The provider agrees to submit to the department financial and
programmatic reports specified in Exhibit C, Required Reports, by
the dates specified.
(2) The provider agrees to submit demographic, admission,
discharge, enrollment, placement, and service and performance
data electronically and in a manner as specified in the Pamphlet
155-2 for Mental Health and Substance Abuse Measurement and
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Data, CFP 155-2, effective July 1, 2000.
c. Records and Documentation
(1) The provider agrees to maintain documentation of services
provided to current TANF participants to include the types of
services provided, target audience, sites at which services were
provided, staff hours provided and identification of staff actually
delivering services.
(2) The provider agrees to submit to the department
documentation of total staff hours directed to TANF Outreach
services as a pre-requisite for payment.
5. Performance Specifications
a. Performance Measures (Outcomes and Outputs)
(1) The provider agrees to meet the performance standards and
required outcomes specified in Exhibit D, Alcohol, Drug Abuse and
Mental Health Required Standards and Outcomes. A detailed
description of each standard and outcome is given in the Pamphlet
155-2 for Mental Health and Substance Abuse Measurement and
Data, CFP 155-2, effective July 1, 2000.
(2) 90 % of clients will be satisfied with services based upon
responses to the Department Client Satisfaction Survey. The
provider will administer the Department Client Satisfaction Survey
to a representative sample of clients in accordance with the table
provided in section B.5.b. below.
b. Standards Definitions
{1) Outcomes - Quantitative indicators that can be used by the
department to objectively measure a provider's performance toward
a stated goal.
(2) Outputs - Process measures of the quantity(les) of services
delivered, clients served, or similar units completed.
(3) Performance Measures - Quantitative indicators, outcomes and
outputs, that can be used by the department to objectively measure
a provider's performance.
(4) The table identifies the minimum number of clients for which
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completed surveys are required in order to report results for the
provider's annual caseload at the ninety percent (90%) confidence
level, with a five percent (5%) error rate. Annual caseload shall
mean all clients who reach a point in their service plans during the
year containing a trigger point. Trigger points are the appropriate
points in time or service that a client shall be given the Department
Client Satisfaction Survey to complete, for example at
recertification, six months after admission, case closure, or at some
other point. The department will determine trigger points for each
affected client group, and contract managers will provide the
information to the provider.
Sample Sizes for Contract Providers
Fiscal Year 2000 - 2001
Number of Clients Served in the
Fiscal Year Required Minimum Sample
Less than 59 All Clients
59 - 74 58
75 - 100 73
101 - 150 97
151 - 200 115
201 - 250 130
251 - 300 143
301 - 350 153
351 - 500 176
501 - 750 199
751 - 1,000 213
1,001 - 1,500 229
1,501 - 2,000 238
2,001 and over 250
Satisfaction shall be determined by calculating a percentage of
client responses that "agree" or "strongly agree" to the survey
question, "Overall, I am satisfied with the services that I received."
c. Monitoring and Evaluation Methodology
(1) By execution of this contract the provider hereby acknowledges
and agrees that its performance under the contract must meet the
standards set forth above, and will be bound by the conditions set
forth below. If the provider fails to meet these standards, the
department, at its exclusive option, may allow up to six months for
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the provider to achieve compliance with the standards. If the
department affords the provider an opportunity to achieve
compliance, and the provider fails to achieve compliance within the
specified time frame, the department will terminate the contract in
the absence of any extenuating or mitigating circumstances. The
determination of the extenuating or mitigating circumstances is the
exclusive determination of the department.
(2) The contract manager will monitor the standards and outcomes
specified in Exhibit D, Alcohol, Drug Abuse and Mental Health
Required Standards and Outcomes, during the contract period to
determine if the provider is achieving the levels that are specified.
The contract manager will submit the monitoring plan to the
provider no later than 30 days after the effective date of the
contract.
(3) Providers that subcontract out any or all of the services
purchased by the Department shall monitor each subcontract on an
annual basis. The provider agrees to schedule and monitor all
subcontracts pdor to the date set for the provider~s site visit by the
department.
d. Performance Definition
(1) Day - Calendar day.
(2) Hour- A measurement of time which includes contact hours,
staff hours, direct staff hours and non-direct staff hours. (An hour
is rounded to the nearest ten minute interval. The number of hours
(e.g., duration) are totaled and divided by sixty minutes to derive
the number of units. For case management, the number of hours
(e.g., duration measurement) may be the same as used by
Medicaid in order to avoid the inefficiency of having to maintain two
different databases on the same data element. If the department
finds that a provider has used "rounding" of time intervals
inappropriately, the department can set lower or zero rounding
amounts.
(3) Units of Service - Deliverables to be used in billing the
department for services. There are eight different units of
measure; the definition of each can be found in Chapter 3 of A
Guide of Performance Contracting for Alcohol, Drug Abuse and
Mental Health Services, 5A Edition, May 2001.
(4) Verifiable Service - A unit of service together with the
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documentation of that service event where the documentation is in
compliance with the requirements contained in Appendix A, Cost
Center Descriptions and Models, of the Guide to performance
Contracting for Alcohol, Drug Abuse and Mental Health Services,
5A Edition, May 2001.
6. Provider Responsibilities
a. Provider Unique Activities
The provider agrees to the following unique activities: (If these activities
involve the management information or fiscal accounting systems, both
parties agree that these activities must comply with the provisions of
section 394. 77, F.S.): As specified in Exhibit J, service description.
In cases where the Provider request funds in excess of ADM allocation
and the unit cost exceeds the neqotiated rate, The Department will be
financially responsible for the number of units and the cost per unit as
specified on the Exhibit A.
b. Coordination with other Providers/Entities
The provider agrees to coordination with other providers and state entities
as follows: Substance abuse and mental health providers located in Palm
Beach County, PB County School Board, and Department of Juvenile
Justice.
7. Department Responsibilities
a. Department Obligation
1. The Department shall be available for technical assistance.
2. The Department shall provide Department Client Satisfaction
Surveys to the Provider.
3. The Department shall provide monitoring of performance measure
compliance.
Department Determination
The department has exclusive authority to make the following
determination(s) and to set the procedures that the provider must follow in
obtaining the required determination(s): (If these determinations involve
the management information or fiscal accounting systems, both
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parties agree that these determinations and procedures must comply
with the provisions of section 394.77, F.S.): N/A
C. Method of Payment
1. Payment Clauses
a. This is a fixed price (unit cost) contract. The department shall pay the
provider for the delivery of service units provided in accordance with the
terms of this contract for a total dollar amount not to exceed $185,000.00,
subject to the availability of funds.
b. The department agrees to pay for the service units at the unit price(s)
and limits listed on Exhibit A, State Funding by Cost Center and Program
Totaling $185,000.00 and/or Exhibit A-l, State TANF Funding by Cost
Center and Program totaling $ NIA.
c. The provider agrees to provide local match up to the amount specified
in Exhibit B, Funding Detail.
d. After the initial advance period, the provider agrees to request
payment based on actual numbers of service units delivered up to the
prorated share, beginning with the first month that was advanced.
e. The department may release more than the monthly-prorated share of
the contract amount when the provider submits a request justifying the
release of additional funds, the department approves the request, and
funds are available.
f. The department may reduce a request for advance or withhold any
payment, if a provider is determined by the department to be out of
compliance with the terms of this contract.
g. The department will reduce a request for advance or withhold
payment, if the provider fails to submit full client enrollment, demographic,
services, or performance information, as required for the department's
Pamphlet 155-2 for Mental Health and Substance Abuse Measurement
and Data, CFP 155-2, effective July 1, 2000, after the due date given in
Exhibit C, Required Reports.
h. The department's decision to reduce or withhold funds shall be
communicated in writing to the provider. The written notice will specify the
manner in which the provider has failed to comply with the terms of the
contract. When compliance is achieved, withheld funds will be reinstated
to the provider.
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i. If a provider closes or suspends the provision of services funded by this
contract, the provider agrees to notify the department, in writing, two
weeks prior to such closing or suspension of services. If the provider fails
to notify the department, the provider hereby agrees not to request
payment for services provided in prior months, if the actual number of
services in the month for which payment is being requested, is less than
25 percent of the prorated amount of services by cost center as given in
Exhibit A, State Funding By Cost Center and Program, or 25 percent of
the prorated share of the amount of funding as specified in Exhibit A-l,
State TANF Funding By Cost Center and Program.
j. Medicaid Billing
The department and the provider specifically agree and acknowledge that
the Medicaid Program is the payor of last resort, and
(1) in no event shall the provider bill the Medicaid program for
services or expenses for Medicaid recipients for which the provider
has already been paid by any other liable third party, and
(2) provider services covered under the Florida Medicaid program
for Medicaid recipients may be billed to the Medicaid Program by
the provider, unless the provider is already being paid by any other
liable third party, and
(3) authorized provider services to non-Medicaid recipients, or for
non-Medicaid covered services, may only be billed to the
department or any other non-Medicaid first or third party payor, and
(4) the provider shall identify and report Medicaid earnings
separate from all other fees, and
(5) Medicaid earnings cannot be used as local match, and
(6) the provider shall ensure that Medicaid payments are
accounted for in compliance with federal regulations, and
(7) in no event shall both Medicaid and the department be billed
for the same service.
k. TANF Billing NIA
The provider agrees to comply with applicable parts of Part A of Title IV of
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the Social Security Act and ensure the following:
(1) TANF funds are expended for TANF participants, as outlined in
N/A, Temporary Assistance to Needy Families (TANF) Guidelines,
and in accordance with the TANF Program's State Plan/Policy
Guidelines for Fiscal Year 2000-2001.
(2) TANF services are limited to non-medical cost centers as
specified in N/A, Temporary Assistance to Needy Families (TANF)
Guidelines.
(3) not to bill Medicaid for TANF eligible services provided to TANF
eligible participants until all units of such services previously
purchased by the department pursuant to this contract and
described in N/A, State TANF Funding by Cost Center and
Program, have already been provided.
(4) TANF participants cannot be charged a fee for any service paid
for by TANF.
2, Invoice Requirements
a. The provider shall request payment monthly through submission of a
properly completed invoice, Exhibit E, Substance Abuse and Mental
Health Services Monthly Advance/Payment Request, within 15 days
following the end of the month for which payment is being requested for
the delivery of service under this contract. Substance Abuse and Mental
Health Services Monthly Advance/Payment Request may be in
accordance with Exhibit E, Substance Abuse and Mental Health Services
Monthly Advance/Payment Request, and NIA, Substance Abuse and
TANF Mental Health Services Monthly Invoice, and other terms and
conditions of this contract. N/A, Substance Abuse and Mental Health
Services TANF Monthly Invoice, for TANF services, must be submitted
within 1._~5 days following the end of each month in which services were
delivered.
b. The provider's final invoice must reconcile actual service units provided
during the contract period with the amount paid by the department.
c. Except for the final invoice, the provider agrees that the amount of the
state's monthly payment will be equal to the number of verifiable services
provided to eligible clients times the rates given in Exhibit A, State
Funding By Cost Center and Program, or N/A, State TANF Funding By
Cost Center and Program. Except as provided in paragraph C.l.h., the
total number of monthly service units paid under this contract can not
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exceed the monthly prorated share of units as specified in Exhibit A,
State Funding By Cost Center and Program, or prorated share of amount
of funding as specified in N/A, State TANF Funding By Cost Center and
Program.
3. Supporting Documentation
a. The provider agrees to maintain service documentation for each
service billed to the department pursuant to this contract. Said
documentation shall be located in the client's medical record and one of
the following: staff activity logs, service or residential census logs, or
service ticket. The provider must maintain records documenting the total
number of recipients and names (or unique identifiers) of recipients to
whom services were provided and the date(s) that the services were
provided so that an audit trail documenting service provision can be
maintained. If it is a non-residential service, the documentation will
consist of, at least, the client's name, social security number, date,
duration and name of service, and the name and identification number of
the staff person or persons rendering the service.
b. Invoices for the initial month's advances will not require supporting
documentation at the time of the request. The department and the Office
of the Comptroller reserve the right to request supporting documentation
at any time after actual units have been delivered.
4. Advance Payment
a. The provider may request a monthly advance for the first month of the
contract period, based on anticipated cash needs. All reimbursement
requests for the second through the twelfth months shall be based on the
submission of monthly actual expenditure reports beginning with the first
month of the contract.
b. Advanced funds may be temporarily invested by the provider in an
insured interest bearing account, in accordance with subsection
216.181(15)(b), F.S. Interest earned on advanced funds shall be returned
to the department by being applied against the amount of the contract
owed by the department.
D. Special Provisions
1. Fee Schedule
The provider agrees to develop a fee schedule and fee collection policy, based
on income and family size, which does not create barriers to persons in need of
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ADM Services Program
publicly supported services. The fee schedule and fee collection policy for
publicly supported services shall be submitted to and approved by the
department.
2. Patient Fees
As required by subsection 394.74(2)(b), F.S., patient fees that are paid on behalf
of a specific client and those that are earned and used (spent) by the provider for
those services funded, in whole or in part, by this contract will be used in
accordance with the Cost Centers Funding Sources and Revenue Report, a
required report that is specified in Exhibit C, Required Reports.
a. The provider may allocate patient fees in two steps. The first step
requires that patient fees be allocated to the cost center where they are
generated. If, after the first step, there is a positive difference between
the patient fees generated within a cost center and the estimated
expenditures within that respective cost center, the provider may
reallocate this excess:
(1) To expand current number of services beyond the number for
which the department is paying;
(2) To reduce deficits;
(3) To start new services, and;
(4) To provide for fixed capital projects.
b. For cost centers funded by this contract, the provider agrees that
reallocation of patient fees must be disclosed prior to the contract's
effective date. A narrative will accompany the Cost Center Funding
Sources and Revenue Report, which will specify the amounts, reallocated,
both by cost center and type of patient fee.
c. If it is not possible to determine the cost center where a patient fee is
generated such as a contribution, the provider may use an allocation
methodology that has been approved by the department.
d. The provider agrees to amend and resubmit to the department the
Cost Centers Funding Sources and Revenue Report within 30 days of
when the provider becomes aware that any funding or revenues in cost
centers funded in whole or in part by this contract will exceed the amounts
given in the Cost Centers Funding Sources and Revenue Report by 5
percent or $10,000, whichever is greater.
26 PSMAI No. HC02
Revised 03/29101 Contract No. ID009
07/01/2001
City of Delary
Performance Contract
ADM Services Program
e. For cost centers funded in whole or in part by this contract, if the actual
amount of patient fees, as given in the audit report, exceeds the amounts
in the Cost Centers Funding Sources and Revenue Report by 5 percent or
$10,000, which ever is greater, the amount in excess will be treated as
non-reimbursable and will be remitted to the department as an
overpayment. If such excess is expended in the delivery of additional
services to the target populations specified in this contract, this liability will
be waived.
3. Unallowable Costs for Federal Block Grant Funded Services from
Substance Abuse Prevention and Treatment or Community Mental Health
Block Grants
The following subparagraphs, a through h, are illustrative of specifically
mentioned unallowable costs. These illustrations are presented only for
illustrative purposes and not by way of limitation. These illustrations
notwithstanding, the provider is bound by state statute, and federal law and
regulatory requirements.
a. Block grant funds may not be expended to fund inpatient services.
Inpatient services are defined as services delivered in a hospital that is
licensed under Chapter 395, F.S.
b. Block grant funds may not be expended to make cash payments to
intended recipients of health services.
c. Block grant funds may not be expended to satisfy any requirement for
the expenditure of non-federal funds as a condition of the receipt of
federal funds.
d. Block grant funds may not be expended for the purpose of purchasing
or improving land, to purchase, construct or permanently improve (other
than minor remodeling) any building or other facility, or to purchase major
medical equipment.
e. Block grant funds may not be expended to provide financial assistance
to any entity other than a public or nonprofit private entity.
f. Block grant funds may not be expended to pay the salary of an
individual, through a grant or other extra mural mechanism, at a rate
exceeding any limits established by federal law or federal appropriations
acts.
g. Block grant funds may not be expended to carry out any program of
distributing sterile needles for the hypodermic injection of any illegal drug
27 PSMAI No. HC02
Revised 03/29/01 Contract No. ID009
07/01/2001
City of Delary
Performance Contract
ADM Services Program
or distributing bleach for the purpose of cleansing needles for such
hypodermic injection.
h. Block grant funds may not be expended to carry out any testing for the
etiologic agent for acquired immune deficiency syndrome unless such
testing is accompanied by appropriate pre-test counseling and post-test
counseling.
4. Grievance Procedures
The provider agrees to establish a grievance procedure which applicants for and
recipients of services may use to present grievances to the governing authority
of the provider about services being provided under this contract.
5. Clinical Records
The provider agrees to protect confidential records from disclosure and to protect
client confidentiality in accordance with section 394.4615, F.S., and any other
applicable law.
6. Block Grant Funding Agreement Program Reports
Upon request, the provider agrees to submit to the department information
regarding the amount and number of services paid for by either the Community
Mental Health Services Block Grant and the Prevention and Treatment of
Substance Abuse Block Grant. The amount of funding is specified in Exhibit B,
Funding Detail, of this contract. Also, the provider will ensure that the amount of
funding and services, which are reported and paid for, reconcile with their (1)
audit report, (2) client information system, and (3) departmental invoices.
7. Special Audit Reporting Requirements
a. The provider agrees that its audit report will include the standard
schedules that are given in Appendix J of A Guide to Performance
Contracting for Alcohol, Drug Abuse and Mental Health Services, 5A
Edition, May 2001.
b. If the provider has an ADM contract with more than one district, the
provider agrees that the Schedule of State Earnings as given in Appendix
J of A Guide to Performance Contracting for Alcohol, Drug Abuse and
Mental Health Services, 5A Edition, May 2001, will be completed for each
district separately.
c. The provider agrees that an audit report will not be acceptable to the
department, if it is missing these required schedules or if the schedules
28 PSMAI No. HC02
Rewsed 03129101 Contract No. lDO09
07/01/2001
City of Delary
Performance Contract
ADM Services Program
are in a different format.
d. The Schedule of State Earnings and the Cost Center Funding Source
and Revenue Schedule must be based on expenditures and revenues
recorded during the state's fiscal year. All other schedules can be based
on the provider's fiscal year.
8. The provider agrees to advise appropriate recipients that family planning
services are available on a sliding fee scale at the local county public health
department. -
9. For clients and their related services that are being reported to the
department, the provider agrees to use the client's social security number.
10. Psychotropic Medication N/A,
a. The provider agrees that clients discharged from state mental health
treatment facilities will be maintained on the medication that was
prescribed for them by the facility at discharge for at least 90 days unless
there is some extenuating medical reason for changing the client's
prescription or the client requests the change. Maintaining includes
performing required lab tests, providing the medication, and providing
appropriate physician oversight.
b. If Exhibit B, Funding Detail, of this contract includes funds from the
Indigent Drug Program (IDP), the provider agrees to assist the department
in designing an expedited, one-time study, such as for the month of
September, to identify key IDP characteristics, utilization levels, cost
factors and accessibility barriers. The provider further agrees to
participate in the study and provide the department with reliable data from
the selected sample.
11. Informed Consent for Follow-up Survey
The provider agrees that individuals, who are receiving substance abuse
services paid for, in whole or in part, by this contract, Medicaid or local match,
shall be informed of procedures to gather follow-up information on clients after
treatment. Clients shall be asked to consent, voluntarily, to being contacted for
this information. They shall be asked to sign a consent form, which allows for
follow-up contact during a six (6) to eighteen (18) month period following
discharge. The form should meet the provisions of 42 CFR (Code of Federal
Regulations) Part 2.31 and be filed in the client's medical record. A copy will be
given to the department, if requested. The form must also indicate non-consent
when that is the client's response.
29 PSMAI No. HC02
Rewsed 03/29/01 Contract No. ID009
07/01/2001
City of Delary
Performance Contract
ADM Services Program
a. All providers will use the standardized consent form contained in
Exhibit G, Informed Consent for Follow-up Survey, in its entirety.
b. The provider agrees to complete consent forms, maintain completed
forms on file, and distribute information regarding the follow-up study to
clients.
c. The provider agrees to contact clients at least three (3) months
following discharge to update client's contact information.
12. Payments from MCO and HMO Organizations
Unless waived in the Special Provisions of this contract, section D, the provider
agrees that subcapitated rates from either a managed care organization (MCO)
or a health maintenance organization (HMO) will be considered to be "third party
contractual fees as defined in Chapter 5B of A Guide to Performance
Contracting for Alcohol, Drug Abuse and Mental Health Services, 5A Edition,
May 2001. Units of services which are covered by the subcapitated contracts
and provided to persons covered by these subcapitated contracts must not be
billed to the department.
13. Calculating Local Match for Alcohol Services
To calculate the amount of local match required for alcohol funded
services, refer to A Guide to Performance Contracting for Alcohol, Drug
Abuse and Mental Health Services, 5A Edition, May 2001, Chapter 6-6.2.
The Provider aqrees to document local match using the Commitment of
Donation form, Exhibit I.
14. Additional Local Match
If Exhibit B, Funding Detail, indicates that this contract contains additional
local match, the department agrees that this additional amount is not to be
factored in when determining the amount of local match required.
bo
The Provider agrees to document additional local match using the
Commitment of Donation form, Exhibit I.
15. Additional Performance Measures
a. If the district and provider have agreed on an Agency Operating Plan,
the provider agrees to the district specific performance measures included
in the Agency Operating Plan, which is incorporated herein by reference.
30 PSMAI No, HC02
Revised 03/29/01 Contract No ID009
07/01/2001
City of Delary
Performance Contract
ADM Services Program
b. The provider agrees to the following district specific performance
measures: NIA
c. The provider agrees to be in full compliance with the following statutes:
· Chapter 394: Quality Assurance - addresses QA plan
and procedures;
· Chapter 65E-4: Quality Assurance - addresses continuity
of care and services includinq peer review and utilization
review;
· Chapter 65E-5: Quality of Treatment- addresses
monitorinq requirements.
d. Quality Improvement Plans shall include the rr~e..chanisms and
procedures for measuring the effectiveness of medicafions administered
to Adults and Children to include: identifying and reducing the frequency
patterns of overuse of medications; potential and actual adverse
reactions; therapeutic appropriateness; over and under utilization of
medications; drug/disease contraindications; drug to druq interactions;
incorrect dosage or duration of treatment; and drug aller, qy reactions;
trackinq the use of newer psychopharmacological agents.
e. In order to meet the unique needs of children and their families and to
maximize the use of natural supports and other community assets a
system of care re-des~qn is required. To collaboratively frame a more
managed system of care desiqn, the providers of children's services shall
participate in activities geared toward reaching this goal Additionally,
consistent provider participation is required at different levels of system
design. The children's aqencies shall provide the corresponding level of
staff with appropriate qualifications that meets that specific level of system
design. The providers of children services shall also educate and train
their staff on the systems of care chanqes as they are implemented and
participate in traininq opportunities offered by the ADM Proqram Office.
(take out if not a children's provider)
16. Unusual Incident Reporting
If Exhibit A, State Funding By Cost Center and Program, or N/A, State TANF
Funding By Cost Center and Program, indicates the purchase of children's
mental health residential levels 1, 2, 3, or 4, Inpatient, or Crisis Stabilization
services, the provider agrees to submit incident reports to the contract manager.
The provider also agrees the format of the report and the procedures for
submitting and tracking these reports will be in accordance with the district
operating procedures, which are based on CFOP 215-6 and included in Exhibit
H, Unusual Incident Reporting.
31 PSMAI No. HC02
Rewsed 03/29/01 Contract No. ID009
07/01/2001
City of Delary
Performance Contract
ADM Services Program
17. Representative Payee
If the provider is the representative payee for Supplemental Security Income,
Social Security Administration, Veterans Administration, or other federal benefits
on behalf of the client, the provider agrees to comply with the applicable federal
laws including the establishment and management of individual client trust
accounts.
18. Service Provision Requirements for Substance Abuse Prevention and
Treatment Block Grants
If Exhibit B, Funding Detail, indicates funding from the Substance Abuse
Prevention and Treatment Block Grant, the provider also agrees to ensure, the
following:
a. That funds expended for prevention are directed at individuals not
identified to be in need of treatment using one or more of the six
strategies defined in Interim Final Rule 45 CFR Part 96.125; and that
alcohol and other drug expenditures, in terms of the units and unit costs
given in Exhibit A, State Funding By Cost Center and Program, are not
less than the amounts indicated in Exhibit B, Funding Detail.
b. That funds expended for services to women are in accordance with, 45
CFR Part 96, with the specifications in Chapter 10 of A Guide to
Performance Contracting for Alcohol, Drug Abuse and Mental Health
Services, 5A Edition, May 2001, which contains details regarding
additional federal compliance requirements; and that in terms of the units
and unit costs given in Exhibit A, State Funding By Cost Center and
Program, expenditures for alcohol services to women and other drug
services to women are not less than the amounts indicated in Exhibit B,
Funding Detail.
c. That the provider will provide outreach services in accordance with
Interim Final Rule, 45 CFR Part 96. These services will be based on the
following model: NIA which is one of the three models approved by the
National Institute of Drug Abuse. The provider agrees to obtain written
approval from the department before making any changes and ensure
compliance with the specifications given in Chapter 10 of A Guide to
Performance Contracting for Alcohol, Drug Abuse and Mental Health
Services, 5A Edition, May 2001, which contains additional federal
requirements.
d. That early intervention services for the HIV projects are in accordance
with Interim Final Rule, 45 CFR Part 96, and are in compliance with the
32 PSMAI No. HC02
Rewsed 03/29/01 Contract No. tDO09
07101/2001
City of Delary
Performance Contract
ADM Services Program
specifications given in Chapter 10, A Guide to Performance Contracting
for Alcohol, Drug Abuse and Mental Health Services, 5A Edition, May
2001, which contains additional federal requirements.
19. Background Screening
The provider agrees to comply with sections 394.4572 and 397.451, F.S., with
regard to screening and fingerprinting of mental health personnel.
20. Transportation Disadvantaged
The provider agrees to comply with the provisions of Chapter 427, F.S., Part 1,
Transportation Services, and Chapter 41-2, F.A.C., Commission for the
Transportation Disadvantaged, if public funds provided under this contract will be
used to transport clients.
21. Equal Opportunity
In accordance with the Methods of Administration - Equal Opportunity in
Service Delivery Manual (CFOP 220-2), any meeting, conference, workshop,
hearing, training session, seminar, or other similar functions sponsored by this
department, either as sole sponsor or in conjunction with other agencies,
whether such functions are open to the public, designed for department staff, or
limited by invitation, must be scheduled in an accessible facility. This includes
any training done through contracts. Any publicity or invitation for any of the
above described events shall include a statement in bold print that "Persons
needing special accommodations to attend this [event, meeting or training]
should contact [staff name and phone number] at least seven days in
advance of the [event, meeting or training] so that appropriate
arrangements can be made."
E. List of Exhibits
1. Exhibit A - State Funding By Cost Center and Program
2. Exhibit A-1 - State TANF Funding By Cost Center and Program N/A,
3. Exhibit B- Funding Detail
4. Exhibit C- Required Reports
5. Exhibit D -Alcohol, Drug Abuse and Mental Health Required Standards and
Outcomes
6. Exhibit E - Substance Abuse and Mental Health Services Monthly
33 PSMAI No. HC02
Revised 03/29101 Contract No ID009
07/01/2001
City of Delary
Performance Contract
ADM Services Program
Advance/Payment Request
7. Exhibit E-1 - Substance Abuse and Mental Health Services TANF Monthly
Invoice N/A,
8. Exhibit F - Temporary Assistance to Needy Families (TANF) Guideline.. N/A,
9. Exhibit G - Informed Consent for Follow Up Survey
10. Exhibit H - Unusual Incident Reporting
11. Exhibit ! . Commitment of Donation
12. Exhibit J - Service Description
THIS SPACE LEFT BLANK INTENTIALLY
34 PSMAI No. HC02
Revised 03/29/01 Contract No. ID009
07/01/2001
EXHIBIT A
STATE FUNDING BY COST CENTER AND PROGRAM
Provider Name: The q;ity 0fDelray Beach Contract # Date: .07/01/01
Adult Adult Chddreo's
COST CENTERS Mental Health Substance Abuse Mental Health
I 2 3
As~essmen!
State Rate
Contac~ Hours Purchased
Case Managcrn~t
State Rate
D~r~t Svs Hfs Purch~d
Crts~s S~ll~on
State R~e
B~ Days Purch~d
Crisis Su~o~Emerg~cy
State Rate
S~ Hours Purebred
Day Care
State
Days Pure.seal
Day-N~sht
Days Purch~d
Drop-l~elf-Help Centers
S~e ~e
F~daty Days Pur~d
lo-home ~d ~-sne
S~c Rate
Dttect Svs ~s Purch~e~
]npauent
Smte Rate
Days Purch~e~
0 lntenswe C~ M~agemem
State ~le
D~rect Svs ~rs Purch~d
I Int~uon
SIstg Rate
D~rect Svs Hr~ Pur~
12 M~l~l Se~s~s
S~e ~te
Contact Hou~ Purebred
13 M~h~one M~nten~
S~e R~e
Do~g~ Pure.ed
14 Outpau~t * lndw~dual
Stye ~te
Com~ ~ours Pure.ed
15 Ou~h
State ~e
Non-Dwect Svs H~ Purch~d
16 Prev~tton
S~te
Non-D~rec~ Svs ~s Pure.ed
17 Prev~me~
State ~e
Days Pur~u~
18 Res~d~ual Le~l ]
Sram ~
Days Purch~ed
I0 R~ldemlal Level 2
S~te Rate
Days Purch~d
20 Res~denual Level 3
State Rate
~avs Purebred
1 of 2
Revision # NIA
Child/Adol
Substance Abuse
4
145OO0
S 28 32
5120
35
PSMAI No HC02
Rev*sad 03/19/2001
07/01./2001. Performance Contract
COST CENTERS
EXHIBIT A
STATE FUNDING BY COST CENTER AND PROGRAM
Date 07/01/01 Rcvzsson#
Adult Adult Children's
Mental Health Substance Abuse Mental Health
I 2 3
21 Res~dentml Level 4
State Rate
Days Purchased
!2 Respae Servmes
State Rate
Contact Hours Purchased
~.3 Sheltered Employment
State Rate
Days Purchased
24 Substance Abuse Demx
State Rate
Bed Days Purchased
!5 Supported Employment
a lnd:wdual
State Rate
D~rect Svs ['irs Purchased
b Enclave Model
State R~te
D~rect Svs Hrs Purchased
26 Supponed [.ious~ng/Ltvmg
Sta~e Ratt
Direct Svs Hfs Purchased
26 Supported Houssng/L,wng
State Rate
Direct Svs Hn Purchased
26 Supported Hous:nl~LIvmg
State Rate
D~rect Svs Hfs Purchased
27 TA$C
Sta~e Rata
Direct Svs Hrs Purchased
29 Aftercare
State Rate
Direct Svs Hrs Purchased
30 lnformatmn and Referral
State Rate
Staff Hours Purchased
32 Outpatmnt Datox
Stale Rate
Days Purchased
34 FACT Team
State Rate
Staff Hours Purchased
35 Outpatient- Group
State Rate
Contact Hours Purchased
36 Room and Board w~th Supervtsson
State Rate
Days Purchased
37 Room and Board with Supervmon
State Rate
Days Purchased
38 Room and Board w:th Supervision
State Rate
Days Purchased
Total State Funds
40,000
2 of 2
Child/Aflol
Substance Abuse
a
145,000
36
PSMAI No. NCO2
Revssed 03/19/2001
Provider Name' The C/t,. of Delrav Beach
Contract #
EXHIBIT B
FUNDING DETAIL
Date' 07/01/0 I
MENTAL HEALTH
Revision # N/A
Budget Entity 60910502
G/A-ADULTCOMM MENTAL HEALTH (100610)
50200a-EMERGENCY STABILIZATION
General Reven ue,q'STF
ADAMH Toast Fund
502005-TREATM~IVT AND SUPPORTS
General Revenue/TS'IT
General RevenuedO&MTF (FACT Teams)
General Revenue (FACT Enhancements)
ADAMH Trust Fund
FGT~ TAJ~P~
FG"IT TANF Front Porch
FGTF PATH
FGTF Other
G/A-BAICER ACT SERVICES (100611)
502004-EMERGENCY STABILIZATION
General Revenue
G&DTF Other
G/A-INDIGENT PSYCH MEDICATION PROGE.A~
502005-TREATMEI~T AND SUPPORTS
General Revenue
TOTAL ADULT COMM MI1
OCA
19ME4
19004
19ME5
FACTI
FACT2
19005
39ADM
39FPM
GX003
19ME~
19ME5
AMOUNT
Budget Entity 60910503
G/A-CHILDREN'S MENTAL HEALTH (100435)
503001-EMERGENCY STABILIZATION
General Revenue
ADAMH Trust Fund
FGTF - Tide [VB
503002-TREATMENT AND SUPPORTS
C-~n eras Revenue'TS'iT
ADAM~ Trust Fund *
G&D'IT Title XXI
FGTF TANF
FGTF TANF Front Porch
FG'IT Other
?URCHASE OF TIO~ICAPEUTIC SERVICES (I 00800)
503002-TREATMENT AND SUPPORTS
General Revmue
3/A-PURCHASED ILES~)ENTIAL TREATMENT SVCS (102780)
503002-TREATMENT AND SUPPORTS
General Revenue
General Revenue O~er
3/A-CHILDREWS BAKER ACT (104257)
50300 I-EMERGENCY STABILIZATION
General Revenue
G&DTF Other
TOTAL CtOLDREN'S MENTAL HEALTH
SUBSTANCE ABUSE
Budget Ennty 60910603
G/A-COMM SUBSTANCE ABUSE SVCS (10061g)
60300%DETOXI~CATION
General l~-venu~/ADM"fF* *
Tobacco Serdement Trust Fund
603006-PREVENTION SERVICES
603007-TILEATI'v~NT & AFTERCARE
General RevenueTADMTF/TSTF/G&DTF" '
GR/TS'rF/O&MTF
ADAMTF Services to Women
ADAIVITF Inlravenous Drug U~.ge
ADM'T'F Adm~nis~'anve Expenditures
FGTF TANF
FG'1T TANF Front Porch
FGT'F Other
G&DTF O~er
TOTAL ADULT SUB ABUSE
OCA
27OG5
27ME5
AMOLrNT
27PR6 S 40 000 00
270G7
27M~7
2T'~OM
2TI'~V
27AD7
39TC0
39F'PS
S 4000000
Budget Ennty 60910602
CdA-CHILD/ADOL SUBSTANCE ABUSE SVCS (I 00420)
,602001 -DETO X~FI.C AT~ON/AILF
C~neral Revenue/ADMTF**
Tobacco Settlement Trust Fund
S02002-P~ON S ERVI CT.S
602003-TILEA'f'MENT & AFTERCARE
GR/TSTF/O&MTF
Gentnal Revenue/ADMTF/CAS A 'IT""
FGTF TANF
FGTF TANF Front Porch
G&DTF Other
iTOTAL CHILD/ADOL SUB ABUSE
~',1DTOTAL
S 185 000 O0
MATCH CALCULATIONS APPLICABLE TO CONTRACT
FUNDS NOT REQUIKJNG MATCH
TOTAL FUNDS NOT REQ MATCH
TOTAL FUNDS REQULRING MATCH
LOCAL MATCH REQUIRED
ADDmONAL LOCAL MATCH
GRAND TOTAL LOCAL MATCH
OCA
19MEI
Ig0CI
WO027
19ME2
190C2
89Q22
5CHMH
39FPH
19ME2
19M~2
19MEI
OCA
270G1
27ME1
27PR2
27ME3
270(;3
27AD3
39TCI
39FPA
AMOUNT
AMOUNT
S 9500000
$ 5000000
$ 145,000 00
$ 18500000
$ 61 66667
$ 61,666 67
* Commumty Mental Ilealth Block Grant
'*Ezpendttures must be Substance Abuse Preventmn and Treatment Block Grant ebg~ble.
*** Snbstance Abuse Preventzon and Treatment Block Grant - Funding Agreement - RESTRICTIONS APPLY
37
07/01/2000
Provider Name City of Delrav Beach
EXHIBIT C
REQUIRED REPORTS
Contract No. Date
Due Date
Performance Contract
ADM Servmes Program
07/01/2001 Revision # N/.._~A
I # of Copies I Send to:
Reports Required For All Providers
Response to Momtormg Reports and Corrective Action 30 days after receipt I Contract Manager
Plans
Agency Servtce Capacity Budget Report
FY 2000 Final 8/I/01 2 Contract Manager
FY 2001 Draft 3/15/02 1 Contract Manager
Cost Center Expense Report
FY 2000 Final 8/1/01 2 Contract Manager
FY 2001 Draft 3/I5/02 I Contract Manager
Cost Center Funding Sources and Revenue Report
FY 2000 Final 8/1/01 2 Contract Manager
FY 2001 Draft 3/15/02 1 Contract Manager
Monthly Data Required by the Mental Health and 15 days after month Electron,c Mental Health Program
Substance Abuse Measures Guide Submission or Office or FMHI as
Forms appropriate
FY 2002/2003 Local Match Plan 3/15/02 I Contract Manager
Reports Required for Substance Abuse Providers
Waiting List Report N/A
HI¥ Counseling and Testing N/A
HIV Outreach Annual Report (2000/2001) N/A
Prevention Servmes Report 8/01/01 I Contract Manager
Other Reports
Children's Mental Health Priority Svs List N/A N/A N/A
Cost Center Personnel Detail Report 3/15/02 1 Contract Manager
Indigent Drug Report (Quarterly) N/A
TANF Chent Logs and Service Data N/A
(Includes Outreach Logs)
Quarterly Service Provision Report 15 days after quarter I Contract Manager
FACT Monthly Progress Reports N/A
FACT Monthly Enrollment Report N/A
FACT Unusual Inctdent Reporting N/A
Revtsed 02/05/2001
04/11/0 6 03 PM
38 PSMAI No. HC02
Contract No
07/01/2001
Performance Contract
ADM Services Program
Exhibit D
Alcohol, Drug Abuse and Mental Health Required Standards and Outcomes
1 of 3
Provider Name: City of Delra¥ Beach Contract #: ID009 Date: 07/01/01 Revision #: N/A
I. Required Performance Standards for Each Target Population
Minimum
Numbers to Be Served
A. Adult Mental Health
1. Severe and Persistent Mental Illness
2. Crisis
3. Forensic Involvement
N/A
B. Children's Mental Health
1. Seriously Emotionally Disturbed
2. Emotionally Disturbed
3. At Risk of Emotional Disturbance
N/A
C. Adult Substance Abuse
1. Parents Putting Children at Risk Abusing Substances
2. Adults Involved in Criminal Justice System Abusing Substances
3. Intravenous Drug Users
4. Dually Diagnosed (Substance Abuse and Mental Health)
5. Adults at risk of Substance Abuse
6. Other
N/A
N/A
N/A
N/A
50
N/A
N/A
N/A
130
D. Children's Substance Abuse
1. Under State Supervision and Abusing Substances
2. Not Under State Supervision and Abusing Substances
3. Children At-risk of Substance Abuse (selected/indicated prevention)
II. Required Outcomes for Each Target Population
A. 1. Required Outcomes for Adult Mental Health - Severe and Persistent Mental Illness
1. Average post admission annual number of days spent in the community will be at least
2. Average post admission GAF score will be at least
3. Average post admission annual number of days worked for pay will be at least
N/A
A.2. Required Outcomes for Adult Mental Health - Crisis N/A
I. Average GAF change score will be at least
2. At least ~ percent will not be readmitted to a CSU within 30 days of being discharged from a CSU.
A.3. Required Outcomes for Adult Mental Health - Forensic Involvement N/A
1. Average post admission GAF score will be at least
2. Percent of persons who violate their Chapter 916, F.S., conditional release and re-recommitted shall be no
more than percent.
3. Average post admission annual number of days spent in the community will be at least
Revised 03/07/2001
PSMAI No. HC02
3 9 Contract No
07/01 ~2001
Performance Contract
ADM Servmes Program
Exhibit D (continued)
Alcohol, Drug Abuse and Mental Health Performance Measures
2 of 3
Provider Name: City ofDelray Beach Contract#: ID009 Date' 07/01/01 Revision #: N/A
B.1. Required Outcomes for Children's Mental Health - Seriously Emotionally Disturbed N/A
I. The average post admission score on the Children's Global Assessment Scale will be at least
2. Average post admission annual number of days spent in the community will be at least
3. Children will attend a post-admission average of at least __ percent of available school days per year
B.2. Required Outcomes for Children's Mental Health - Emotionally Disturbed N/A
1. The average post admission score on the Children's Global Assessment Scale for children will be at least __
2. Average post admission annual number of days spent in the community will be at least
3. Children will attend a post-admission average of at least percent of available school days per year.
C.1. Required Outcomes and Outputs for Adult Substance Abuse
1. At least N/A percent of adults discharged from treatment will complete treatment.
2. At least N/A percent of adults discharged from treatment will be employed upon discharge.
3. At least N/A percent of adults completing treatment are drug-free during the last 30 days of the 12 months following
completion of treatment (establish baseline).
4. At least N/A adults who complete treatment will be provided aftercare/follow-up treatment (numerical output).
5. At least 50 adults will be provided substance abuse prevention services (selective/indicated and universal)
(numerical output).
6. At least 50 adults will be served (numerical output).
D.1. Required Outcomes and Outputs for Children's Substance Abuse N/A
1. At least percent of children discharged from treatment will complete treatment.
2. At least __ percent of children completing treatment are drug-free during the last 30 days of the 12 months
following completion of treatment (establish baseline).
3. At least __ children will be served (numerical output).
4. At least __ children will be provided aftercare/follow-up treatment (numerical output).
5. At least __ children who receive treatment will complete treatment (numerical output).
D.2. Required Outcomes for Children at Risk of Substance Abuse
1. At least N/A percent of students in indicated prevention programs (alpha/beta) will achieve a minimum of six
months improvement in reading each semester, or will progress to within grade level.
2. At least N/A percent of students in indicated prevention programs (alpha/beta) will achieve a minimum of six months
improvement in math each semester, or will progress to within grade level.
3. At least 95 percent of children receiving selective/indicated prevention services will not be admitted to substance
abuse services during the 12 months after completion of prevention services.
4. At least 130 at-risk children will be served in selective/indicated prevention (numerical output).
III. Internal Measures Not Required by the General Appropriations Act
A. 1. Adult Mental Health N/A
1. At least __ adults age 60 or older will be served (numerical output). (establish baseline).
B.1. Adult Substance Abuse N/A
1 At least __ adults age 60 or older will be served (numerical output). (establish baseline).
2. At least __ percent of women pregnant during treatment will give birth to substance free newborns.
3 At least __ percent of adults completing treatment will be alcohol-free during the last 30 days of the
12 months following completion of treatment (establish baseline).
4. At least at risk adults who receive treatment will complete treatment (numerical output)
Revised 03/07/2001
PSI~I No. HC02
40 Contract No.
07/01/2001
Performance Contract
ADM Services Program
Exhibit D (continued)
Alcohol, Drug Abuse and Mental Health Performance Measures
3 of 3
Provider Name: CityofDelra¥ Beach Contract #: ID009 Date: 07/01/01 Revision #' N/A
C.1. Children's Substance Abuse
1. At least N/A percent of children completing treatment will be alcohol-free during the last 30 days of the
12 months 95 percent of children in targeted (selective/indicated) prevention programs will perceive substance
use to be harmful at the time of discharge, when compared to admission.
D.1. Data Submission Outcomes for Substance Abuse
1. At least ninety percent of clients served, required by exhibit D, will have at least one appropriate Service Events
accepted by the ADM data warehouse.
2. At least N/A percent of adults completing treatment will have on record completed provider follow up data via mail
or telephone 12 months following treatment. (establish baseline). (See Exhibit G for HC02 only).
3 At least N/A percent of children completing treatment will have on record completed provider follow up data via
mail or telephone 12 months following treatment. (establish baseline). (See Exhibit G for HC02 only).
SPACE LEFT BLANK
INTENTIONALLY
Revised 03/07/2001
PSMAI No. HC02
Contract No
EXHIBIT E ~ ~sE 0,vL¥ --
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
MONTHLY ADVANCE/PAYMENT REQUEST
=. PROVIDER NAME b. DATE / I
c.J~DVANC£1PAYME?CT. MOI~'rH ~ FOR~EMO~HOF
d FEDE~LID~ · PROG~M
PART 1 - SERVICE ~VOICE
CO~ CE~ER ~A~ CO~ PRO.TED Y-T-D TOTAL T~TAL [LIGIBLE '~IL~BLE UNADJ. AM~
~ UNI~ UNITS PAID UN~ ALLOWABLE UNI~ UN~ UN~ Db ~'(OWED}
,3
10
U~ADJU~D AMOb~ - UN~ED AMOU~ - PRO~T~DSHAR~ OF ID~ - TOTAL AMO~ OF TOT~
DU~W~D LINE OF CREDO* ~A~ PAYME~
~) (L~ (M) (N)
,*Only ~ ~ ~ed when ~e ~hib~t B
II I II
:PART 2 - FUNDING DETAIL
TR-SI ~ZNDOR ~: CO~A~ NO.:
g I cema' the abo~e to be accurate ~d m agreement w~th the agency's records ~d with the terns of the contract.
Addmonally, I ceni~ ~at all chent demographic ~d s~ice event data h~ been submi~ed to the depaament m accord~ce with the contract.
/ /
Signature Title Date
h Contract Mmager's Signature
Signature Title Date
42
07/01/2001 Performance Contract
ADM Services Program
EXHIBIT G
INFORMED CONSENT FOR FOLLOW-UP SURVEY
I, .(print client name), give permission to contact me
for purposes of obtaining follow-up information concerning my post treatment behavior.
My address and phone number is (please print):
(street)
(city, state, zip)
(phone number)
If the program is unable to reach me at this phone number, I give permission to speak with the
following people listed below to inquire about any forwarding phone numbers or address
where I may be reached. If follow-up personnel cannot reach me, I give permission for the
person(s) named below to answer questions about my progress since leaving treatment by
answering the questions in the follow-up survey to the best of theft knowledge.
Print Name
Relationship
Street
City/State/Zip
Phone #
This Consent for Follow-Up expires 18 months post discharge from treatment unless cancelled
by me.
(Client Signature) Date: / /
I do not wish to provide any follow-up information concerning my post treatment behavior.
(Client Signature) Date: / /
Rewsed 8/2112000
Contract Page No PSMAI No. HC02
43 Contract No.
A:\HC02\EXHG-0-1 .DOC
Exhibit H
DISTRICT 9 OPERATING PROCEDURE
CFOP 215-6.1
STATE OF FLORIDA
DEPARTMENT OF
CHILDREN AND FAMILIES
April 20, 1999
INCIDENT REPORTING AND CLIENT RISK PREVENTION
I. Purpose. This operating procedure establishes district guidelines for identifying
and reporting information related to client risk prevention and incidents as defined
in paragraph 4. This reporting system is created to provide department manage-
ment with early notice and awareness of incidents involving clients and
employees which may require the direct intervention of senior-level management.
2. Scope.
a. This operating procedure applies t~ all incident reporting and client risk preventio~h~;:~,
the Department of Children and Families programs, Baker Act receiving facilities,
and contract providers serving clients of the department. It applies to ail persons
working for and compensated by the department including volunteers.
b. These reporting procedures do not replace the abuse, neglect and exploitation
reporting system. Regardless of their status as an event in client risk prevention,
allegations of abuse, neglect or exploitation must always be reported immediately
to the Florida Abuse Hotline and appropriate district human rights advocacy
committees as required by law.
3. Definitions. As used in this Procedure, the following definitions shall apply:
a) Department. Department of Children and Families.
b) Incident. An occurrence involving clients, employees, volunteers, or
contract providers.
c) Client. Any person receiving a service from a program operated, funded,
licensed, or regulated by the department.
d) Reporter. An employee of the department, volunteer, or
contractual/provider agency having firsthand knowledge of any
incident/event.
e)
Institutional Abuse.
Allegations involving licensed day care, foster care.
homes,
treatment
group
therapeutic foster homes, medical
Nursing homes and assisted living
department will be included.
f) Licensed Health Care Professional.
medicine, osteopathy, or nurse practitioner.
Definitions of Reportable Incidents.
facilities, residential treatment facilities,
foster homes, and shelter facilities.
facilities while not licensed by the
A person who is licensed to practice
1 of 6
Revised 4/20/99
44
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
Exhibit H
Abuse/Neglect or Exploitation. This includes all allegations of
INSTITUTIONAL ABUSE/NEGLECT and clients under
PROTECTIVE SUPERVISION. Protective investigators under Family
Safety or Adult Protective Services are responsible for submitting incident
report.
Accident/Injury. Involving client or employee requiring medical
assistance or potential risk/injury.
Aggressive or abusive behavior by client or employee including, but not
limited to, use of profanity, loud tone of voice, pushing or shoving. This
includes a physical altercation without injury and incidents requiring
involvement by security. (For clients with special needs or disabilities.
please document only behaviors that are not typic.al or are uncharacteristic
for client.)
Altercation. A physical confrontation with injury occurring between a
client and employee, employee and employee, or ~vo or more clients at the
time services are being rendered, or when a client is in the physical
custody of the department, which results in one or more clients or
employees receiving medical treatment by a licensed health care
professional.
Automobile Accident. Accident occurring in private or state vehicle
during the course of employment. Reporting need not be contingent upon
filing of police report and/or damage to any vehicle or injury to driver or
client.
Baker Act. Emergency hospitalization of any client for whom we have
case management responsibility.
Client- Death. A person whose life termin~'tes due to or allegedly due to an
accident, act of abuse, neglect or other incident occurring in a Department
of Children and Families operated foster home, group home, contracted
facility, service center, Baker Act receiving facility; or when a death
review is required pursuant to CFOP 175-17, Child Death Review
Procedures.
Elopement. The unauthorized absence of any client in a program or
facility licensed, funded, certified, or operated by the department.
Children in the custody of the department will be reported through the
ICWSIS system. Children in shelter status or under protective supervision
will be reported through incident procedure.
Law Violation. Any arrest of client on our premises or in our custody; or
employee.
Sexual Battery. An allegation of sexual battery by a client on a client,
employee on a client, or client on an employee as evidenced by medical
evidence or law enforcement involvement.
2 of 6
Revised 4,20/99
Exhibit H
k) Suicide Attempt. An act which clearly reflects the physical attempt by a
client to cause his or her own death while in the physical custody of the
department or a department contracted or certified provider, which results
in bodily injury requiring medical treatment by a licensed health care
professional.
1) Theft/Facility Property Damage. Sabotage, vandalism or theft of state or
private property including employee losses.
m) Verbal Threat of Violence. To an employee or by an employee in a work-
related situation.
n) Other Event. An unusual occurrence or circumstance that could have
significant public reaction/media coverage or potential liability issue. This
includes bomb threats, fire alarms, natural disasters, kidnapping, riot or
hostage situation, which jeopardizes the health, safety and welfare of
clients or employees.
Procedures. **PLEASE NOTE: Some situations which are likely to have
adverse departmental impact or media coverage may require immediate
notification to the District Administrator or PIO by the program administrator.
taking
Program administrators are responsible for reviewing incidents and
appropriate action.
The following
a)
b)
c)
d)
steps shall be taken to report an incident:
Employee/provider will notify their supervisor immediately.
Reporting employee/provider will call the Client Relations Office within
24 hours (561/837-5078) to report incident and obtain log number for
"Incident Report" form.
Submit report to Client Relations within three working days with a copy to
the appropriate program administrator. Report can be sent electronically
by cc mail or intemet mail (see separate instructions).
Client Relations will copy other program administrators and General
Services when appropriate; and the Human Rights Advocacy Committee
on all incidents relating to clients.
6. Record Keeping
a) Client Relations will maintain a file of alt incidents received.
Signed Copy on File/Dated 4/20/99
Lester P. Brown, Jr.
District Nine Administrator
3 of 6
Revised 4/20/99
46
INCIDENT REPORTING
AUTOMATED TEMPLATE INSTRUCTIONS
Setting up MICROSOFT WORD to use Templates Directory:
Family Safety and Preservation Staff have access to the templates on the server and should skip to the next
section
1 Open the Microsoft Word application.
2. Fr~m the menu bar, click once on TOOLS and a menu will appear. Click on OPTIONS.
3. Click ~n the FILE LOCATIONS tab, then click USE?, TEMPLATES, then click MODIFY
4 Select the "c" drive, then the MSOFFICE directory, then the WINWORD d~rectory then the TEMPLATE directory
5. Click OK then CLOSE
6. Copy the "incident.dot" or any other template file to C:~MSOFFICE~WINWORD\TEMPLATE
Creating a New Document from a Template:
The template is in a TEMPLATE directory. Follow these steps to use the template'
1. Open the Microsoft Word application.
2. From the menu bar, click once on FILE and a menu will appear. Click on NEW.
3 A d=alogue box with the title NEW will appear. Click to highlight the template you wish to use and then click OK.
This is the only method that will create a document from a template that will allow the document to work
properly, especially if it is a FORM with fields to be filled in on the computer. A copy of the template you
highlighted will appear and you are now ready to use the form. This copy is now a word document and has a FILE
NAME ending in ".doc". Many staff choose to name and save a document as soon as they open it. This is a
recommended habit for staff who are constantly interrupted while completing work assignments. Instructions for
naming the document are found in Section, "Saving the Document".
.',.'Moving Around in the Docun~ent:
Because the document is protected, you are only able to enter text in certain fields. Changes to the rest of the
document cannot be made.
· You can move down the document by using the tab key, enter key, or the down arrow. You can only move to the
fields where information is required. After typing in the informabon for a field, just press Tab or Enter and the
cursor will automatically move to the next field where you can enter text. Continue to tab down the page and type
in your comments. You may select a field using the computer's mouse as well.
· If you make a mistake, use the backspace or delete key to erase and begin typing again.
· If you want to go back one or two fields, you can press and hold the Shi~ Key and press Tab, or click on the field
with the left mouse button
Entering Information into the Form Fields:
TEXT BOXES - appear as gray-shaded fields.
4 of 6
47
· ,.~o~1~ ol [ne ooxe5 Ioo~, ~,lia, . as you type, [ne uu,~=~ w,,, uecome large,
The wrap around feature of MS Word will allow you to type without being concerned about the end of the line.
Because some of the boxes will have more text than others, it is possible that an ~tem may move to the next page
All items wdl remain in the same order but page numbers may vary depending on the amount of text necessary
CHECK BOXES - appear as gray-shaded squares
An "X" will be entered in a checkbox when you point and click one brae w~th the left mouse button or when you
use the space bar.
If you enter an "X" and this is an error, just point and click with the left mouse button or space bar again and the
"X" will be deleted.
DROP DOWN BOXES (or menus) - appear as gray-shaded area with an arrow on the right side
1. To open a drop-down box, point to the arrow on the right side of the box and click the mouse.
2 When a drop-down box is opened the list that appears are the possible selections for that data field. (The first
selection in the list may be a blank.) Point to the appropriate selection and click the mouse.
3. To change a selection, open the drop-down box, point to the appropriate selectiofi, and click the mouse
Saving the Document:
Before closing the document, make sure you complete the SAVE AS Many staff choose to name and save a
document as soon as they open it.
1. From the menu bar, click on FILE. From the menu, click on SAVE AS, and a familiar dialogue box will appear.
2. Locate the directory you want the document saved m.
Name this particular document as a file in that directory using the Initials of your program and the Initials of the
person that is the subject of the report, e.g. A report from a person in FS&P about John Doe, will be named
FSPJD DOC.
After ensuring that you have the correct drive, directory or subdirectory, and FILE NAME, click on OK and the
document will appear again.
You must CLOSE the document in order to attach the file to an E-Mail message
Forward completed forms via cc:Mail or Internet E-Mail
After the Incident Report form is completed and saved, it should be attached to acc. Mail or an E-Mail message to the
Client Relations office, and the appropriate Program Administrator at the department.
Outside Contract Providers, please refer to the instructions or on-line help files for your E-Mail software for help in
attaching and sending attachments via Internet Mail
The ccMail address for Client Relations incident reports is:
IncidentD9
The Internet Mail Address for Client Relations is:
IncidentDg(~dcf. state.fl.us
5 of 6
48
& F,6 61LIES
Location: (check one)
[] Belle Glade Service Cu.
[] Delray Bch. Service Cu'
[] Lake Worth Service Ctr
[] Riviera Bch. Service Cu'
[] W. Palm Bch. Service Ctr
[] Dist. Office/l 11 Sap.
[] Florida Mango
[] A.G. Holley/Lantana
[] Ave."E", Belle Glade
[] *Other
Program: (check one)
Log Number ·
[] Adult and Economic Servmes
[] Adult Protective Services
[] Alcohol, Drug Abuse and Mental Health
[] Developmental Services
[] D~strict Administration
[] Family Safety and Preservation
Individual:
(check one)--"'--'
[] Staff/crop
[] Client
[] Visitor
[]Volunteer
Facility/Foster Home/Contract Provider: (Name) (Address)
Individual Information: (Please Print Or Type)
I Name. .' Phone: Home:
Address: -- Work:
City: Date of Incident:
State, Zip: T~me: [-]a.m. []p.m.
If Employee, Job Title: Age Birthdate
Type of Incident:
[] Abuse,rNeglect/Exploitanon [] Automobile Accident [] Sexual Battery
[] Baker Act
[] Client Death
[] Elopement
[] Law Violation
tFPSS #
[] Accident/Injury
[] Aggressive/Abusive Behavior
[] Altercation
[] Suicide Attempt
[] Theft/Facility Propert.,, Damage
[] Verbal Threat of Violence
[] Other
Describe the Incident in Detail: (Description of incident and circumstances)
Name Any Other Witnesses / Other Participants: Phone #
;~i:tion Taken: (Please describe action taken, under investigation, police notified etc.)
Resolution / Outcome / Other Action Taken As A Result Of Incident: (if applicable)
Preparer Date Phone #.
Supervisor Date Phone #
Send To Client Relations- cc:Mail address "IncidentDg" OR E-Maih "IncidentDg~dcf. state.fl.us"
Copy: ['-] Program Administrator. 6 of 6
The following will be copied by Client Relations: 1-'-] HRAC [--1 General Services [-'] Other
.,~m ~k,~ Kcvlsca o4-~-99
49
COMMITME~ OF DONATION
EXHIBIT I
TO: Organization
FROM: Donor Name
Address
The following space, equipment, .. goods/supplies,
services, is/are donated to this organization
__ permanently (title passes to the organization)
temporarily, for the period to
{title is retained by the donor):
Description and Basis for Valuation (See reverse side)
$
(2)
$
(3)
$
(4)
$
TOTAL VALUE $
Th~ above donation(s) is not currently included as a cost (either direct
or matching) of any state or federal contract or grant, nor has it/they
been previously purchased from or used as match for any state or federal
contract.
(Donor Signature) (Date)
(Provider Signature) (Date)
The department has reviewed the valuation of the donated item(s) and
has, in the space provided, indicated the valuation amount acceptable to
the department for use in meeting a match requirement for contract
number Donated items are subject to disallowance should
they be found to be a current or previous cost or matching item of a
state or federal grant or contract.
DCF Contract Manager
Date
50
EXHIBIT J
1 of 12
District Nine
Alcohol, Drug Abuse, and Mental Health
SERVICE DESCRIPTION
By Cost Center
FY 01/02
AGENCY: City of Delray Beach(in parmership with MADDADS of Greater Delray Beach)
PROGRAM:
Adult Substance Abuse (ASA)
Cost Center:
Prevention-Adult Substance Abuse Problems
1. SERVICE DESCRIPTION BY COST CENTER AS PER ADM GUIDELINES
Prevention services are those involving strategies that preclude, forestall, or impede the
development of substance'abuse and mental health problems and include increasing public
awareness through information and community based process and programs.
2. DESCRIPTION OF SERVICES PROVIDED:
This program provides community organizing, coalition building and leadership development
for residents living in the Pine Grove, Osceola, Fall Ridge, and La Paloma neighborhoods.
The primary goal of this program is to reduce the amount of open-air drug sales and violent
behavior existing in the previously mentioned neighborhoods. The program also provides a free
drug education course to residents in an attempt to increase their awareness of the substance
abuse its stages and potential impact that it has on the individual, family, community and society
while also providing information regarding treatment and intervention.
This program is available to four neighborhoods, two of which are predominantly Creole
speaking, one of which is predominantly Hispanic and Creole speaking, and one of which is
predominantly Hispanic. These blighted neighborhoods typically feature abandoned and
dilapidated homes, vacant lots and several unpaved roads. The neighborhood association
meetings will continue to be held monthly during hours convenient for residents (such as
evenings or weekends). Monthly street/bike patrols will also provide a visible presence, build
relationships and help make the neighborhoods safe. This program operates year round and is
designed to help residents learn how to eliminate blight and other conditions that make it easy
for drug related activities to exist and flourish. The neighborhood associations are vehicles by
which residents become empowered in order to work towards improving the quality of their
lives.
This community drop-in center is a community-based drug prevention program, developed for
residents living in the City of Delray Beach's Community Development Block Grant (CDBG)
Program Target Area. The program will provide a drop-in center liaison that will work directly
with the Delray Beach Police Department to file reports and make requests for police
intervention on behalf of area residents. The primary goal of this program is to prevent drug use
and violence.
51
2 o fl2
EXHIBIT J
The program is available to the community residents residing within the CDBG Target Area and
can get to and from the center on their own. The center will be open Monday through Friday
from 5:00 p.m. until 9:00 p.m. It will also be available for neighborhood association meetings,
drug prevention training and to provide information to residents requesting assistance filling out
reports about drug-related activities in the CDBG Target Area.
The primary goals of this program as stated earlier is to reduce the amount of open-air drug sales,
drug use/abuse and the incidence of violence in the targeted area. The program also aims to
empower residents through neighborhood associations to become active in their community in
order to advocate for the overall improvement of the quality of their lives.
The current staff for this program has a good understanding of the diverse cultures that are
represented in this area. They are able to work effectively with the population in a highly
sensitive and respectful manner. Both of the staff employed in this program are residents within
the targeted area which further heightens special concern and sensitivity to the issues that must
be faced by these residents.
Hours of operation for the Neighborhood Association Program:
Monthly neighborhood association meetings, street/bike patrols, and vigils will be held during
evening and weekend hours.
Hours of operation for the Neighborhood Drop-in Center:
The drop-in center is in operation Monday through Friday from 5p.m.-9:00p.m.
3. Clients To Be Served
ao
The program's Targeted Population will continue to be residents living within the City's
CDBG Target Area, which is considered to be a low and moderate-income and minority
concentrated community.
Residents living with the City's CDBG Target Area.
When the participating neighborhoods eliminate drug-related activities.
4. ADDRESS AND TELEPHONE NUMBER OF EACH LOCATION YOUR AGENCY
WHERE SERVICES UNDER THIS COST CENTER ARE PROVIDED.
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
(561)243-7282
Contact Person: Ken Thomas
MADDADS of Greater Delray Beach
141 S.W. 12th Avenue
Delray Beach, Florida 33444
(561)276-6755
Contact Person: Charles Ridley
52
3 o fl2
EXHIBIT J
5. Program Director's Name, Agency Title, Telephone Number, and Their Office
Location:
Sarah L. Ingram, Program Director
MADDADS of Greater Delray Beach
301 S.W. 12th Avenue
Delray Beach, Florida 33444
(561) 276-6755
6. Describe How Emergencies are Responded to oi How Unexpected Needs for Service are
Delivered:
Emergency protocols are utilized when emergencies are identified. The attached procedures
shall be adhered to in case of injury to participants or other emergency/non-emergency situations
that arise. These procedures are in compliance with Section 10E-16.004(33)c.
7. Staffmg Levels
Position: Full-Time Drug Prevention Coordinator/Neighborhood Organizer
Client to staff ratio: 1:45
Certification/Licensing/Experience: High school completion, ability to speak/understand Spanish
and Creole, and experience with neighborhood drug prevention.
Position:
Client to Staff Ratio:
Certification/Licensing/Experience:
Part-time Drop-In Center Liaison/Office Assistant II
1:50
High school completion, strong communication skills (written and
verbal), and ability to relate well with neighbors and police.
8. Explain Any Changes, Achievements or Modifications for Services to be Provided
Under
This Cost Center In FY 01/02
It is anticipated that the Adult Substance Abuse Prevention Program will continue to operate as
delineated above.
9. Explain any Proposed Changes for Services Provision in FY 01/02 and Rationale.
None at this time
10.
Projected Number of Unduplicated Clients to be Served In This Cost Center in
FY 01/02
Fihy(50)
11. Proposed Cost of Services Per This Cost Centerin FY 01/02
a. $40,000.00
b. $40,000.00
c. 28.32
d. N/A
53
EXHIBIT J
District Nine
Alcohol, Drug Abuse and Mental Health
SERVICE DESCRIPTION
By Cost Center
FY 00/01
AGENCY: City of Delray Beach
PROGRAM: AMH ...... CMH ...... ASA ......CSA...X...
COST CENTER: PREVENTION-CHILD/ADOLESCENT SUBSTANCE ABUSE
PROBLEMS
1. SERVICE DESCRIPTION BY COST CENTER AS PER ADM GUIDELINES
Prevention services are those services that preclude, forestall, or impede the development
of substance abuse and mental health problems and include increasing
public awareness.
2. DESCRIPTION OF SERVICES PROVIDED
a. Prevention services are provided for at-risk youth 6th -12th grades living within the
Community Development Block Grant Target Area of the City of Delray Beach.
Youth are given the oppommity to interface with each other in a safe, structured, and
nurturing environment to develop general self-management skills, social skills,
information, and skills specifically related to drug use/abuse prevention.
b. Tasks will be performed in both large and small group settings, allowing students to
observe the behavior of others and to appreciate commonalties and differences. The
program allows for teaching skills through training techniques, such as instruction,
demonstration, feedback, reinforcement, and practice.
c. Services are provided for middle and high school-aged youth 5 - 9 p.m., Monday -
Friday.
d. Daily Monday through Friday.
e. N/A
f. Thirty-six weeks during the school year (August through June) and 8 weeks during
the summer.
3. CLIENTS TO BE SERVED
a. Those children living in the CDBG target area will be served. Approximately 94% of
these students are considered to be minorities.
b. Children are recommended for participation by their teachers, parents, and
community-based organizations. These children show no psychological problems but
are working below their level of potential and expectation.
54
EXHIBIT J
5 of 12
As required by Section 10E - 16.00(260) and (30), the protection of participants and
discharge procedures shall be in accordance with the attached check information
form. Slots are available to serve students who live within the CDBG target area
(bounded on the west by 1-95, the east by Federal Highway, the north by Lake Ida
Road and the south by Linton Boulevard). Service completion is established by the
student's graduation from high school.
ADDRESS AND TELEPHONE NUMBER OF EACH LOCATION IN YOUR
AGENCY WHERE SERVICES UNDER THIS COST CENTER ARE
PROVIDED
Village Academy
141 SW 12th Avenue
Delray Beach, Fl. 33444
(561) 276-6755
Delray Full Service Center
301 SW 12th Avenue
Delray Beach, Fl. 33444
(561) 276-8571
5. PROGRAM DIRECTOR'S NAME, AGENCY TITLE, TELEPHONE
NUMBER AND THEIR OFFICE LOCATION
Ms. Sarah Ingram, Program Director
Police Sub-station
141 SW 12th Avenue
Dekay Beach, Fl. 33444
(561) 276-6755
Ms. Rhonda Williams, Teen Coordinator
Police Sub-station
141 SW 12th Avenue
Delray Beach, 33444
(56I) 276-6755
6. DESCRIBE HOW EMERGENCIES ARE RESPONDED TO OR HOW
UNEXPECTED NEEDS FOR SERVICE ARE DELIVERED
The procedures shall be adhered to in case of injury to participants or other
emergency/non-emergency situations arise. These procedures are in compliance with
Section 10E - 16.004(33).
7. STAFFING LEVELS
a. (1) full-time Teen Coordinator, (1) part-time activity coordinator
b. Client to staff ratio will be 25 children to 1 adult at all times. The Teen Coordinator
will serve as the primary program facilitator.
c. Policies and procedures are attached.
8. EXPLAIN ANY CHANGES, ACHIEVEMENTS OR MODIFICATIONS FOR
SERVICES TO BE PROVIDED UNDER THIS COST CENTER IN FY 99/00
This is a new pro,am that is being proposed. The community has identified a need for
such a program.
55
EXHIBIT J
6 of 12
9. EXPLAIN ANY PROPOSED CHANGES FOR SERVICE PROVISION IN FY
00/01 AND RATIONALE
This is a new initiative being undertaken to provide 50 at-risk middle and high school
students with a structured program during the out-of-school hours. Research has shown
that youth engage in more risky behaviors during the out-of-school hours due to their
being idle and unsupervised. The program will implement a scientific-based substance
abuse prevention curriculum that meets the required 4 principles of Effectiveness
guidelines set forth by the Department of Education.
The Life Skills Training (LST) program is a remarkably effective tobacco, alcohol and
drug abuse prevention program for middle and high school students. The LST program is
based on the latest scientific evidence of what causes drug abuse and how to best prevent
it. The main goals of the LST program are to teach prevention-related information,
promote anti-drug norms, teach drag refusal skills, and to foster the development of
personal self-management skills and general social skills.
The program intervention will include but not be limited to tutorial, performing arts,
groups, field trips, and leadership skills building. Some specific program activities w/Il
include:
· Parent Night
· Family Night
· Social Services
· Group and individual tutoring/homework assistance
· Recreational activities
· Life Skills Training/Violence Prevention
· Home Visits/School Visits
· Daily Snacks/Nutrition
· Computer Class
· Annual Rites of Passage
· Summer Program
· Entrepreneurial Programs
· Field Trips (College Tour)
· Cultural (Performing Arts)
· Teen Rap Sessions
· Community Involvement/Empowerment (Adopt-a-Highway, Peer Mentofing)
The availability of an after-school program will help to provide many youth in the target
area with much needed positive role-modeling, mentoring, peer support, and focus on
positive life skills.
10. PROJECTED NUMBER OF UNDUPLICATED CLIENTS TO BE SERVED IN
THIS COST CENTER IN FY 00/01
The projected number ofunduplicated clients to be served in this program is 50.
7 of 12
EXHIBIT J
11. PROPOSED COST OF SERVICES PER THIS COST CENTER IN FY 00/01
a. $50,000
b. $50,000
c. 28.32
d. N/A
57
8 of 12
EXHIBIT J
District Nine
Alcohol, Drug Abuse, and Mental Health
SERVICE DESCRIPTION
By Cost Center
FY 00/01
AGENCY: City of Delray Beach
PROGRAM: AMB .......... CMB ..... ASA ....... CSA .... X .......
COST CENTER: PREVENTION-CHILD/ADOLESCENT SUBSTANCE ABUSE
PROBLEMS
1. Service Definition by Cost Center as Per ADM Guidelines:
2. Description of Services Provided:
a. Prevention services are provided to at-risk children K-12 living within The Community
Development Block Grant Target Area of the City of Delray Beach. Children are introduced and
given opportunities to interface with each other in a safe, positive, and nurturing environment to
learn social and emotional health skills while developing high self-esteem and personal safety
skills.
b. Tasks are performed in a large and small group settings, allowing students to observe the
behavior of others and to appreciate commonalities and differences. It allows for hands-on arts
and crafts, role plays and visual and performing arts experiences. The participants will be
residents living in the city's established-CDBG Target Area.
c. Services are provided for elementary school-aged children 2-7p.m. Monday through Friday
and half days on Saturdays.
d. Daily Monday through Saturday.
e. N/A
f. Thirty-six weeks during the school year(August thru June) and 8 weeks during the Summer.
3. CLIENTS TO BE SERVED
a. Those children living in the CDBG target area will be served. Approximately 94% of these
students are considered to be minorities.
b. Children are recommended for participation by their teachers, parents and community-based
organizations. These children show no psychological problems but are working below their level
of potential and expectation.
c. As required by Section 10E-16.00(260) and (30), the protection of participants and discharge
procedures shall be in accordance with the attached check information form. Slots are available
to serve students who live within the CDBG target area (bounded on the west by 1-95, the east by
Federal Highway, the north by Lake Ida Rd. and the south by Linton Blvd.). Service completion
is established by the student's graduation from high school.
58
EXHIBIT J
9 of 12
4. ADDRESS AND TELEPHONE NUMBER OF EACH LOCATION IN YOUR
AGENCY WHERE SERVICES UNDER THIS COST CENTER ARE PROVIDED.
Village Academy
400 S.W. 12t~ Avenue
Delray Beach, FI 33444
(561) 330-3380
5. PROGRAM DIRECTOR'S NAME, AGENCY TITLE, TELEPHONE NUMBER AND
THEIR OFFICE LOCATION.
Ms. Sarah L. Ingram, Program Director
Police Sub-station
141 S.W. 12th Avenue
Delray Beach, FL 33444
561/276-6755
Ms. Chevelle Hall, Program Coordinator
100 N.W. 1 st Avenue
Delray Beach, FL 33444
561/243-7282
6. DESCRIBE HOW EMERGENCIES ARE RESPONDED TO OR HOW
UNEXPECTED NEEDS FOR SERVICE ARE DELIVERED.
The procedures shall be adhered to in case of injury to participants or other emergency/non-
emergency situations arise. These procedures are in compliance with Section 10E-
16.004(33).
7. Staffing Levels:
a. (1) Program Coordinator, (4) activity coordinators
b. Client to staff ratio is 20 children to 1 adult in the elementary component
c. Policies and procedures are attached.
EXPLAIN ANY CHANGES, ACHIEVEMENTS OR MODIFICATIONS FOR
SERVICES TO BE PROVIDED UNDER THIS COST CENTER IN FY00/01.
The projected changes to our program are as follows:
a. Implementation of a scientific/research based substance abuse prevention model.
During this year we will introduce a scientific/research based substance abuse prevention
model which has been proven to be effective in reducing the incidence of substance use in
children as well as reductions in other risky behaviors. This model is grown out of the Child
Development Project (CDP) which is a comprehensive approach to school restructuring that
seeks to revamp teaching, learning, school organization, school climate and teachers work
environments to more effectively promote the intellectual, social, and ethical development of
students. The proposed program will use established curriculum and activities that are based on
research and provide evidence that the strategies do prevent or reduce drug use, violence and
disruptive behavior among youth. For drug prevention and education, the proposed program will
utilize Too Good for Drugs II, which was developed by the Mendez Foundation in Tampa,
Florida. Too Good for Dru~s II was designed for youth in Kindergarten through Grade 5. The
main components of the curriculum include Goal Setting, Decision Making, Bonding With
Others, Identifying and Managing Emotions, and Communicating Effectively.
b. Increased Enrollment
59
EXHIBIT J
10 of 12
The program will no longer provide services for just 24 children, the enrollment will be
increased to accommodate 80 students. With the opening of the Village Academy School there
will be an even greater demand for safe, structured after school programs for students in the
targeted area. Through funding from ADM we will be able to continue the school day into the
evening hours to insure a safe environment for these children during the out-of school hours
including Saturdays.
c. The addition of a Summer Camp Component
The extended day will also mn 8 weeks into the Summer in order to provide our students with
continued academic support and a safe, structured and adult supervised environment to reduce
the amount of unsupervised time. The Summer Camp program will provide an increased amount
of recreation and fun activities but there will be ongoing opportunities for learning.
d. Increase in Staff Positions
Quite naturally with the increase in the number of students that will be in the after school
program there will also be an increase in staff to make provisions for their safety. With the
commitment to maintain a 20:1 (student/adult) ratio we have estimated the above mentioned
staffing levels(see # 7).
e. Increased parental/family involvement in the program.
In an attempt to create a family-centered program we have made provisions to create more
opportunities for parents/guardians/families to be involved in the program. It is our vision that
this will help to further strengthen parent/guardian and child relationships.
f. The addition of the Village Center for wrap-around support services
The Village Center is the vehicle by which multiple resources and services will be
available for children and their families year-round to support academic success. The services
and activities for the "Center" will be initiated and directed by residents here in the community.
Many of these services will address important risk and protective factors associated with
substance abuse, crime and violence prevention which are often precursors for student academic
failure.
g. The program will be housed at the Village Academy Elementary School.
h. Extended program hours- the program will no longer function 2-5, it will be extended to 2-
7p.m. to help accommodate working parents.
i. The program will also function on Saturdays (8a.m.-12p.m.)
9. EXPLAIN ANY PROPOSED CHANGES FOR SERVICE PROVISION IN FY 00/01
RATIONALE:
In 1998, MAD DADS of Greater Delray Beach initiated a community planning process
involving a varied legion of community members who, after examining their neighborhood's
most critical needs, emphatically targeted the establishment of a community school as the most
urgent-a goal directly related to the alarmingly high rate of academic failure amongst target
youth. Out of this initiative the Village Academy a K-12 school will open in August 2000. This
is a partnership between MAD DADS of Greater Delray Beach and the Palm Beach County
School District. The School District will teach the traditional 8-2p.m. and MADDADS will
instruct the extended day which will be academically aligned to the regular school day is
designed to reinforce resiliency, build upon existing individual assets and develop good moral
character, and citizenship in our youth using a scientific based prevention model.
60
I! of 12
EXHIBIT J
Although we have experienced tremendous success delivering Excel Focus Five it was only
effectively able to impact 24 children a year. We explored and looked for ways to improve its
effectiveness and decided to use a scientific-based prevention model coming out of New York
City called "beacon schools." A beacon school is a partnership in which the traditional school
day is operated and run by the School District and the after school and support services for the
same student is coordinated by a designated community- based organization.
The City of Delray Beach in partnership with the MAD DADS, Inc. proposes to strengthen
prevention efforts to elementary, middle and high school students. The proposed amendment is
developed to create a more family-centered environment housed with the existing "Drop-In"
Center. The goal is to create more parental involvement with at-risk students, utilizing various
activities. The proposed activities are designed to create an atm6sph~re of positive interaction
between parents and students, while educating the family on substance abuse, building better
relations with their children and understanding ways to assist the child in their academic
performance.
Another very important component of our program will be a strong emphasis on parental
involvement. In addition to the daily after-school program in which students will be provided
with cultural and recreational activities, technology, homework assistance, tutoring, and conflict
resolution, the program will have regularly scheduled Family Interaction Days during
convenient hours for working and non-working parents. The Family Interaction days are
designed to promote healthy adult/child interactions in a safe, cooperative atmosphere with the
support of trained staff. There will also be Quarterly Workshops centered around topics of
interest for parents and students aimed towards heightening awareness, providing accurate
education and promoting open communication among parents and children on topics which are
sometimes considered highly sensitive.
Through the Incentives Program children will be able to earn special recognition for
positive behavior and academic achievement at an awards banquets for both the elementary
school and the teen component. Other incentives will include special field trips to such theme
parks as Walt Disney World, St. Augustine, Dreyher Park Zoo, and IMAX. Although we will be
providing tangible rewards for the children we will stress the importance of their learning to feel
good about themselves for positive behavior and academic achievement in the absence of
tangible rewards.
The intent of Excel Focus Five has been and continues to be a school drop-out/substance
abuse prevention program for children living in the city's CDBG targeted area. Through the use
of the Child Development Project's research based program we are positive that we will have
ongoing success with our program. The Child Development Project program is derived from
contemporary theories in developmental, educational, and social psychology, and from empirical
research on school effectiveness, child development, and socialization. The program's theoretical
model assumes that children have basic psychological needs to belong, to have a sense of control
over the environment, and to feel competent.
10. Projected Number of Unduplicated Clients to be Served in this cost center in FY 01/02.
61
11.
12 of 12
80 unduplicated
Proposed Cost of Services Per This Cost Center in FY 01/02
a. $95,000
b. $95,0O0
c. 28.32
d. N/A
EXHIBIT J
62
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS: LOANS AND COOPERATIVE
AGREEMENTS
Attachment I I
The
(1)
undersigned certifies, to the best of his or her knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or an employee of any agency,
a member of congress, an officer or employee of congress, or an employee of a member of
congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
(2)
If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
congress, an officer or employee of congress, or an employee of a member of congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3)
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
Signature Date
David Schmidt
Name of Authorized Individual
ID009
Application or Contract Number
City of Delray Beach
Name of Organization
100 N.W. First Avenuef
Address of Organization
JF 03~96
Delray Beachr
Florida 33444
63
Page
1 of 3
ATTACHMENT 'r T I
FINANCIAL AND COMPLIANCE AUDIT
This attachment is applicable if the provider is any state or local government entity,
non-profit organization, or for-profit organization. For State or local government entities,
a Single Audit performed by the Auditor General shall satisfy the requirements of this
attachment. If the provider does not meet any of the requirements below, no audit is
required by this attachment.
PART I: FEDERAL AUDIT REQUIREMENTS
This part is applicable if the recipient is a State or local government or a non-profit
organization as defined in OMB Circular A-133, as revised.
In the event that the recipient expends $300,000 or more in Federal awards in its fiscal
year, the recipient must have a single or program-specific audit conducted in accordance
with the provisions of OMB Circular A-133, as revised. In determining the Federal
awards expended in its fiscal year, the recipient shall consider all sources of Federal
awards. The determination of amounts of Federal awards expended should be in
accordance with guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB
Circular A-133, as revised, will meet the requirements of this part. In connection with the
audit requirements, the recipient shall fulfill the requirements relative to auditee
responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
The reporting package shall include a schedule that discloses the amount of expenditures
by contract number for each contract with the department in effect during the audit
period. Compliance findings related to contracts with the department shall be based on
contract requirements including any rules, regulations, or statutes referenced in the
contract. The reporting package shall disclose whether or not the matching requirement
was met for each applicable contract. All questioned costs and amounts due to the
department shall be fully disclosed in the report with reference to the department contract
involved.
For recipients who are subject to both Part I and Part II below, the audit must also
address applicable State audit requirements.
CF 1120, JF 07101
64
2 of 3
PART II: STATE REQUIREMENTS
In the event the recipient expends a total amount of State financial assistance to carry out
state projects equal to or in excess of $300,000 in any fiscal year of such recipient, the
recipient must have a Single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the
Governor and the Comptroller, and Chapter 10.550 (Local Government Entity Audits) or
10.650 ( State Single Audits: Nonprofit and For-Profit Organizations), Rules of the
Auditor General. In determining the State financial assistance expended in its fiscal year,
the recipient shall consider all sources of State financial assistance, including State funds
received from the Department of Children & Families, except that amounts received by a
nonstate entity for Federal program matching requirements shall be excluded from
consideration.
In connection with the audit requirements addressed in the preceding paragraph, the
recipient shall ensure that the audit complies with the requirements of Section 215.97(7),
Florida Statutes. This includes submission of a reporting package as defined by Section
215.97(2)(d), Florida Statutes, and the applicable Chapter 10.550 or 10.650, Rules of the
Auditor General.
The reporting package shall include a schedule that discloses the amount of expenditures
by contract number for each contract with the department in effect during the audit
period. Compliance findings related to contracts with the department shall be based on
contract requirements including any rules, regulations, or statutes referenced in the
contract. The reporting package shall disclose whether or not the matching requirement
was met for each applicable contract. All questioned costs and amounts due the
department shall be fully disclosed in the audit report with reference to the specific
contract involved.
PART III: SUBMISSION OF REPORTS
For any of the above requirements, copies of the audit report and any management letter
by the independent auditors shall be submitted within 180 days after the end of the
provider's fiscal year or within 30 days of the recipient's receipt of the audit report,
whichever occurs first, directly to each of the following, unless otherwise required by
Florida Statutes:
A. Contract manager for this contract
B. District office:
Department of Children and Families
Contract Performance Unit
111 South Sapodilla Avenue
West Palm Beach, Florida 33401
Attention: Evaluation and Review Analyst
07/01/01
65
Co
3 of 3
Copies of repons for audits conducted in accordance with OMB Circular A-133, as
revised, and required by Part I of this agreement shall be submitted, when required by
Section .320(d), OMB Circular A-133, as revised, by or on behalf of the recipient directly
to the Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections.320(d)(1) and (2), OMB Circular A- 133, as
revised, should be submitted to the Federal Auditing Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
and Other Federal agencies and pass-through entities in accordance with Sections .320(e)
and (f), OMB Circular A-133, as revised.
D. Copies of reporting packages required by Part II of this agreement shall be submitted by
or on behalf of the recipient directly to the Auditor General's Office at the following
address:
State of Florida Auditor General
Attn: Ted J. Sauerback
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
PART IV: RECORD RETENTION
The provider shall ensure that audit working papers are made available to the department, or
its designee, upon request for a period of five years from the date the audit report is issued,
unless extended in writing by the department.
07/01/01
66
Agenda Item Number:
AGENDA REQUEST
Request to be placed on:
~ Regular Agenda
__ Special Agenda
__ Workshop Agenda
XXXX Consent Agenda
Date: June 19, 2001
When: June 19, 2001
Description of item (who, what, where, how much):
Approval of the Fiscal Year 2001-2002 proposed contract #ID 009 with the Florida
Department of Children and Families (DCF) - Alcohol, Drug Abuse and Mental Health
(ADM) Program Office providing the City $185,000 in Substance Abuse Prevention
funding assistance.
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation:
Staff recommends approval of the Fiscal Year 2001-2002 proposed contract #ID 009 with
the Florida Department of Children and Families (DCF).
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda:/~/N(~
Hold Until: '-~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
u \dct99-2000\agenda cover page
TO:
THRU:
FROM:
SUBJECT:
CiTY COMMISSION DOCUMENTATION
DORLING, ~___.~CTOR OF PLANNING AND ZONING
SCOTT D. PAPE, SENIOR PLANNER
MEETING OF JUNE 5, 2001
CONSIDERATION OF A WAIVER REQUEST TO THE 1.5 ACRE MINIMUM
LOT AREA FOR THE SALE~ LEASE~ OR RENTAL OF AUTOMOBILES FOR
THE AUTOBAHN DEALERSHIP PROPERTY LOCATED ON THE WEST SIDE
OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 920' NORTH OF LAKE
AVENUE~ WITHIN THE NORTH FEDERAL HIGHWAY REDEVELOPMENT
AREA.
BACKGROUND
This request is being processed in conjunction with a proposed rezoning of the property from
GC (General Commercial) to AC (Automotive Commercial). Pursuant to LDR Section
4.4.10(F)(2)(d), a minimum lot area of 1.5 acres is required for the sale, lease, or rental of
automobiles. The applicant proposes to establish an automotive dealership for used cars and
new electric vehicles. The applicant has also submitted a conditional use request to establish a
full service vehicle repair facility on the site.
'ANALYSIS'
The subject property has a gross site area of 1.81 acres. With development a 20' right-of-way
dedication is required for Dixie Highway along with a 10 ft. right-of-way dedication for Federal
Highway. These dedications reduce the parcel size to 1.42 acres (.08 or 3,485 sq.ft below the
minimum parcel size of 1.5 acres). The applicant has submitted a waiver request to reduce
the required lot area and this is addressed below:
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)
(b)
(c)
(d)
Shall not adversely affect the neighboring area;
Shall not significantly diminish the provision of public facilities;
Shall not create an unsafe situation; or,
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.
As noted above, the applicant is required to dedicate a substantial portion of the property
to accommodate adjacent rights-of-way. Prior to the dedication, the property contains
1.81 acres. The waiver to reduce the minimum required lot area from 1.5 acres to 1.42
acres is minimal and will not have a substantive effect on the intent of the code to
provide larger automotive dealerships. Similar circumstances on other properties would
lead to the same conclusion. Further, while not specifically identified in the LDR's,
property sizes are usually interpreted based on gross site size before dedications.
Given the nature of this request it is prudent to formally acknowledge the site size
reduction. Based on the above, a positive finding with respect to LDR Section
2.4.7 (B)(5), Waiver Findings can be made. ~O. ~)/Jo
City Commission Documentation
Meeting of June 5, 2001
Autobahn Lot Size
Page 2
PLANNING AND ZONING CONSIDERATION
The Planning and Zoning Board considered the waiver request at its meeting of May 21, 2001.
The Board recommended approval (7 to 0) of the waiver to the 1.5 acre minimum lot area
requirement.
RECOMMENDED ACTION
By motion, approve the waiver to the
dealership to be located on the west
positive findings with respect to LDR
conditions:
1.5 acre minimum lot size for the Autobahn
side of North Federal Highway, based upon
Section 2.4.7(B)(5), subject to the following
Attachment:
[3 Survey
[
I
lit
i
/
I
CITY COMMISSION DOCUMENTATION
TO:
THRU:
FROM:
DAV,~ ~,-.~,~,?~_. ~T A EN CITY MANAGER
PA~J/I~... _D~R~. N_G, D.~jCTOR OF PLANNING AND ZONING
SCOTT ARONSON,?ARKING MANAGEMENT SPECIALIST
SUBJECT:
MEETING OF JUNE 19, 2001
CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT
REGULATIONS SECTIONS 4.4.13 REGARDING THE PARKING
REQUIREMENTS IN THE CBD ZONE DISTRICT TO ACCOMMODATE
REQUIRED PARKING UTILIZING VALET OR TANDEM PARKING, AND
SECTION 4.6.9 ESTABLISHING DESIGN STANDARDS AND
REGULATIONS FOR VALET AND TANDEM PARKING
ARRANGEMENTS.
BACKGROUND
A Land Development Regulation (LDR), text amendment has been requested to allow
up to 100% of required parking for commercial establishments, restaurants, cocktail
lounges, hotels, and residential type inns within the Central Business District (CBD), to
be accommodated through the provision of valet parking. Due to the site constraints and
the exorbitant land costs, especially east of the Intracoastal Waterway, the valet parking
option is being viewed as a way to provide all the required parking. The amendment
also clarifies the use of tandem parking in townhouse developments.
At the regular City Commission meeting of May 15, 2001 this text amendment was
presented with the inclusion of appliance lift systems which was unanimously denied.
Direction was given to modify the ordinance to remove reference to the appliance lift
~ystems, continue to allow the required parking utilizing valet parking in tandem parking
configurations, and extend the option to the entire CBD. Pursuant to City Commission's
direction the text amendment has been modified accordingly.
RECOMMENDED ACTION
By Motion, approve on first reading a text amendment to Section 4.4.13 regarding the
parking requirements in the Central Business District to accommodate required parking
utilizing valet with tandem parking configurations, and Section 4.6.9 establishing design
standards and regulations for valet and tandem parking arrangements.
Attachments: Ordinance by Others
City Commission Documentation
Meeting of June 19, 2001
LDR Text Amendment- LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD
Page 2 of 4
STAFF'S RECOMMENDATION
Section 4.4.13 Central Business (CBD) District:
(D) Conditional Uses and Structures Allowed:
(16) Restaurants, Cocktail Loun.qes, Hotels, and Residential Type Inns, may provide their
required parkin,q as valet parkin,q, subject to the provisions of 4.6.9(F)(3).
(G) Supplemental District Regulations: In addition to the supplemental district regulations as
set forth in Article 4.6, except as modified below, the following shall also apply.
· .(1) Parking:
(e) The parking requirements for residential units in multi-family structures and
mixed-use buildings shall be as follows:
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwelling unit 1.75 spaces/unit
· Guest parking shall be provided cumulatively as
follows:
for the first 20 units 0.50 spaces/unit
for units 21-50 0.30 spaces/unit
for units 51 and above 0.20 spaces/unit
Within Townhouse and Townhouse Type developments, parkin,q may be
provided in front of ,qara,qe units provided that such parkin,q does not result in the
space for one unit impedin,q access to a space of the other unit.
Section 4.6.9 Parking Regulations: .
(C) Number of Parking Spaces Required:
(2) Requirements for Residential Uses:
(c) Multiple Family Structures:
* Efficiency dwelling unit
* One bedroom dwelling unit
* Two or more bedroom d.u.
1.0 space/unit
1.5 spaces/unit
2.0 spaces/unit
City Commission Documentation
Meeting of June 19, 2001
LDR Text Amendment - LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD
Page 3 of 4
· Guest parking shall be provided
cumulatively as follows:
- for the first 20 units
- for units 21-50
- for units 51 and above
0.5 spaces per unit
0.3 spaces per unit
0.2 spaces per unit
Within Townhouse and Townhouse Type developments, parkin,q may be
provided in front of ,qara,qe units provided that such parkin,q does not result in the
space for one unit impedin,q access to a space of the other unit.
(F) Special Provisions:
(3) Valet Parking: A parkinR facility with a valet service or operator which allows for attendants
to rec~eive, park and deliver the automobiles of occupants, tenants, customers, invitees, and
visitor~ includin.q tandem parkinR may be utilized in lieu of the requirements of this Section
provided the followinq requirements are complied with:
Any required valet or tandem parkin,q utilized in lieu of the parkinR requirements set forth in
this section shall be ,qoverned by an aRreement with the City (in such form as may be
approved by the City Attorney), and recorded in the public records of Palm Beach County.
The a.qreement shall constitute a covenant runnin.q with the land bindin,q upon the owners,
heirs, administrators, successors, and assi.qns. The a.qreement may be released by the City
Commission at such time that site plan approval is obtained for an alternative parkin.q
arran,qement which satisfies the parkin,q requirements for said use.
(b) The required queue is to be provided on private property as opposed to public d,qhts-of-way.
(c) There is a parkinR professional available for the vehicle retrieval durinR business hours;
(d)
The dimensions for valet and tandem parkin,q spaces shall be a minimum of ei,qht and one
half feet (8'6") wide and sixteen feet (16') deep with a maximum, stackin,q of two (2) vehicles
alon,q with a drive aisle of twenty-four feet (24').
(e) Valet parkin,q may be utilized to conform with the number of handicap accessible parkin,q
spaces provided that:
(I) At least two handicapped accessible spaces are provided adiacent to the
vehicle queuin.q area for those vehicles which cannot be operated by the parkin.q
professional; and,
(11) The disabled person's vehicle may be safely operated by aforementioned
parkin.q professional.
City Commission Documentation
Meeting of June 19, 2001
LDR Text Amendment- LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD
Page 4 of 4
(f) Valet drop-off/queuin,q area must be provided with a minimum len,qth of 100'. Greater
queuin,q area may be required as a condition of site plan or conditional use approval based
upon the intensity of the use. The lenRth of the queuin,q area may be reduced when
supported by a traffic study.
(,q) Interior landscape areas required by Section 4.6.16 shall not be required if landscape
requirements which would otherwise have been installed on the interior of the parkinR lot are
evenly distributed alonR the perimeter of the parkinR area or facility and subiect to the
followinR requirements:
(i)
That a 10' perimeter landscape buffer consistin,q of a hedRe and trees
thirty-feet (30') on center be provided.
ORDINANCE NO. 37-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT, SUBSECTION 4.4.13(D),
;-
''CONDITIONAL USES AND STRUCTURES ALLOWED", TO
PROVIDE THAT REQUIRED PARKING FOR CERTAIN
USES MAY BE PROVIDED AS VALET PARKING, SUBJECT
TO CONDITIONS AND SUBJECT TO CONDITIONAL USE
APPROVAL; AMENDING SUBSECTION 4.4.13(G)(1)(e),
"SUPPLEMENTAL DISTRICT REGULATIONS", AMENDING
SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS",
SUBSECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY
STRUCTURES", TO PROVIDE THAT PARKING MAY BE
PROVIDED IN FRONT OF GARAGE UNITS WITHIN
TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS,
SUBJECT TO CONDITIONS; AMENDING SUBSECTION
4.6.9(F), "SPECIAL PROVISIONS", BY ENACTING A NEW
SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN
STANDARDS AND REGULATIONS FOR VALET AND
TANDEM PARKING ARRANGEMENTS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public hearing held
on January 22, 2001, and voted 6 to 0 to recommend approval; and
WHEREAS, the City Commission of the City of Delray Beach finds
that the proposed amendments are consistent with and further the goals,
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Section
4.4.13, "Central Business (CBD) District", Subjection 4.4.13(D), "Conditional Uses
and Structures Allowed", of the Land Development Regulations of the City of
Delray Beach, be, and the same is hereby amended to read as follows:
Section 4.4.13 Central Business (CBD) District
(D) Conditional Uses and Structures Allowed: The following uses are allowed
as conditional uses within the CBD District:
(16) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns
may provide their required parking as valet parking, subject to the
provisions of Section 4.6.9(F)(3).
Section 2. That Chapter Four, "Zoning Regulations", Section
4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental
District Regulations", of the Land Development Regulations of the City of Delray
Beach, be, and the same is hereby amended to read as follows:
(G) Supplemental District Regulations: In addition to the supplemental district
regulations as set forth in Article 4.6, except as modified below, the following shall
also apply.
(1) Parking:
(e)
The parking requirements for residential units in multi-family
structures and mixed use buildings shall be as follows:
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.25 spaces/unit
· Two or more bedroom dwelling unit 1.75 spaces/unit
· Guest parking shall be provided cumulatively as
follows:
for the first 20 units 0.50 spaces/unit
- for units 21-50 0.30 spaces/unit
for units 51 and above 0.20 spaces/unit
2 ORD. NO. 37-01
Within Townhouse and Townhouse Type developments, parking
may be provided in front of garage units provided that such parking
does not result in the space for one unit impeding access to a
space of the other unit.
Section 3. That Chapter Four, "Zoning Regulations", Section 4.6.9,
"Off-Street Parking Regulations", Subsection 4.6.9(C), "Number of Parking
Spaces Required", Subparagraph 4.6.9(C)(2)(c), of the Land Development
Regulations of the City of Delray Beach, be, and the same is hereby amended to
read as follows:
C. Number of Parking Spaces Required:
(2) Requirements for Residential Uses:
(c) Multiple Family Structures:
· Efficiency dwelling unit 1.0 space/unit
· One bedroom dwelling unit 1.5 spaces/unit
· Two or more bedroom d.u. 2.0 spaces/unit
· Guest parking shall be provided
cumulatively as follows:
- for the first 20 units 0.5 spaces per unit
- for units 21-50 0.3 spaces per unit
- for units 51 and above 0.2 spaces per unit
Wit'hin Townhouse and Townhouse Type developments, parking
may be provided in front of garage units provided that such parking
does not result in the space for one unit impeding access to a
space of the other unit.
Section 4. That Chapter Four, "Zoning Regulations", Section 4.6.9,
"Off-Street Parking Regulations", Subsection 4.6.9(F), "Special Provisions", of the
Land Development Regulations of the City of Delray Beach, Florida, be, and the
same is hereby amended by enacting a new subparagraph 4.6.9(F)(3) to read as
follows:
(F) Special Provisions
3 ORD. NO. 37-01
(3) Valet Parking: A parking facility with a valet service or operator which allows for
attendants to receive, park and deliver the automobiles of occupants, tenants,
customers, invitees, and visitors including tandem parking may be utilized in lieu of the
requirements of this Section provided the following requirements are complied with:
(a) Any required valet or tandem parking utilized in lieu of the parking requirements set
forth in this section shall be governed by an agreement with the City (in such form
as may be approved by the City Attorney), and recorded in the public records of
Palm Beach County. The agreement shall constitute a covenant running with the
land binding upon the owners, heirs, administrators, successors, and assigns. The
agreement may be released by the City Commission at such time that site plan
approval is obtained for an alternative parking arrangement which satisfies the
parking requirements for said use.
(b) The required queue is to be provided on private property as opposed to public
rights-of-way.
(c) There is a parking professional available for the vehicle retrieval during business
hours;
(d) The dimensions for valet and tandem parking spaces shall be a minimum of eight
and one half feet (8'6") wide and sixteen feet (16') deep with a maximum stacking of
two (2) vehicles along with a drive aisle of twenty-four feet (24').
,(e) Valet parking may be utilized to conform with the number of handicap accessible
parking spaces provided that:
(I) At least two handicapped accessible spaces are provided adjacent to
the vehicle queuing area for those vehicles which cannot be operated by
the parking professional; and,
(11) The disabled person's vehicle may be safely operated by
aforementioned parking professional.
(f) Valet drop-off/queuing area must be provided with a minimum length of 100'.
Greater queuing area may be required as a condition of site plan or conditional use
approval based upon the intensity of the use. The length of the queuing area may
be reduced when supported by a traffic study.
4 ORD. NO. 37-01
(g) Interior landscape areas required by Section 4.6.16 shall not be required if
landscape requirements which would otherwise have been installed on the interior of
the parking lot are evenly distributed along the perimeter of the parking area or
facility and subject to the following requirements:
That a 10' perimeter landscape buffer consisting of a hedge and
trees thirty-feet (30') on center be provided.
,. Section 5. That should any section or provision of this ordinance or
any I~ortion thereof, any paragraph, sentence, or word be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect the validity of
the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 6. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 7. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ~ day of ,2001.
ATTEST M A Y O R
Acting City Clerk
First Reading
Second Reading.
5 ORD. NO. 37-01
Memo
To:
From:
Date:
Re:
David Harden, City Manager t~
Lula Butler, Director, Community Improvement
June 15, 2001
Section 108 Loan Guarantee/Economic Development Initiative Programs
ITEM BEFORE THE COMMISSION:
Public Hearing amending the Community Development Block Grant Program (CDBG) 2000/01 Annual Action
Plan to include the submittal of the Economic Development Initiative (EDI) Grant and a Section 108 Loan
application for the AtJantic Grove Mixed-Use Development Project. City Commission is asked to authorize the
submittal of the EDI grant in the amount of $300,000 and a $1.5 million dollar Section 108 Loan Guarantee
application to the Department of Housing & Urban Development.
BACKGROUND:
City Commission authorized staff to hire the consultant Mark Briggs & Associates to complete the applications
referenced above in support of the Atlantic Grove Mixed Use Development Project. The project is supported by
the CRA and will be constructed on blocks 28 and 36 in the West Atlantic Avenue Redevelopment Area. The
consultant has met with the development team and negotiated the structure and repayment schedule that he
~hinks works for both parties and intends to recommend the same to the Commission.
The Atlantic Grove Development Team has informed my office that they will be requesting approval from the
CRA to amend their contract for the project. This amendment will be considered by the CRA at their June 28"~
regular meeting. It includes reduction of the commercial space from 72,000 to 45,000 square feet, converting
the third floor space to residential units and selling both the residential and commercial spaces under a
condominium concept. We had a conference call with the consultant and development team on Thurs~ ay [o
discuss the impact this change would have on the City's ability to get the appropriate security required under the
proposed Deed of Trust. Mark Briggs is consulting with the Washington, DC HUD office. The proposed
changes may trigger a change in the structure and repayment schedule of the loan. Mark will be in town on
Monday, any additional information will be made available to the Commission as a part of our presentation.
The proposed structure and repayment schedule negotiated for the original mixed-use project design and
revised financial Pro forma incorporating the proposed changes are attached as references. The development
team has asked the consultant to consider different terms of repayment on the Section 108 loan that may
include a short and long-term combination. Staff continues to have a concern with triggering Davis Bacon
compliance to the entire project.
RECOMMENDATION:
Staff is recommending that the Commission hold the required Public Hearing amending our local Annual Action
Plan and authorize the submission of the EDI grant application. The Public Hearing on the Section 108 Loan
application may need to be continued to a date certain if we are unable to resolve the terms and conditions
satisfactorily. The EDI grant has a July 6 deadline and can be submitted separately from the 108 Loan
app,cation. /O'
Via Fax and Regular Mail
May 12, 2001
Ms Lula C Butler
Community Improvement Director
City of Delray Beach
100 N W 1st Avenue
Delray Beach, Florida 33444
RE: HUD Section 108 Loan and Economic Development Initiative (EDI) Grant
Structure
Dear Luta
As a follow-up to our discussions and the meetings with the proponents of the Atlantic
Grove project, this letter outlines the proposed structure of the HUD Section 108 Loan
and Economic Development Initiative (EDI) Grant
A. Section 108 Loan Structure
The proposed Section 108 Loan will be $1 5 million, as requested That amount
will be allocated to the $1 3 million acquisition costs and $200,000 of qualifying
soft costs based on a detailed development proforma to be provided by the
development group We will work with the HUD Area Office to receive
confirmation that the soft cost we intend to fund will not "trigger" prevailing
wages on the construction activities by the developer
A promissory note and deed of trust on the commercial land and buildings will
secure the Section 108 funds Should the two commercial building be phased, the
developers will be required to advance the full land payment to meet the
requirements of CRA, but the Section 108 funds will only be drawn when the
following conditions precedent are received for each building
The plans and specifications for the building are complete, and approved
through plan check,
The developer has a building permit for the building,
Pre-leasing to meet the construction lenders requirements is met,
The construction loan is approved,
The equity required by the lender is in escrow,
The construction contract, with a maximum guaranteed amount is
executed, and
MARK BRIGGS & ASSOCIATES, INC.
505 N Tustxn Ave Sutte I~5, Santa Ana, CA 92705 - (7141 550-039° - fax 17~4~ 972-83TM - mebr~ggsC,~earthlink net
Provtdtng Servtce to the Publtc and Prtvate Sectors Stnce 1974
Ms Lula C Butler
May 12, 2001
Page 2
7 The contractor has provided a completion guarantee
At that time the City will have a MAI appraiser complete the appraisal on the
building(s) and confirm that the loan to value, as compared to the construction
loan and the Section 108 loan, does not exceed 80% loan to value, as required by
HUD When these conditions precedent are met, the City will draw down the
appropriate amount of Section 108 funds for the phase being developed and
deposit them into escrow The escrow instructions will require the appropriate
promissory note and deed of trust in favor of the City
Section 108 Loan Repayment Schedule
As an attachment to this report is the proposed Section 108 Loan repayment
schedule Assuming the funds are drawn down in February 2002 (during fiscal
year 2001-02), the first time the City would need to make a payment would be an
interest payment to the interim lender used by HUD, Chase Bank, in May Chase
loans the funds at 3-month LIBOR plus 20 basis points On May 11, 2001,
LIBOR was 4.07% so the rate that would be charged based on that rate would be
4 27% Obviously, the rate the City will pay will be the prevailing rate at the time
of the draw down of the Section 108 funds The interim interest rate floats as
LIBOR changes Ihe interim lending would be taken out by the June 2002
Section 108 Public Offering by HUD, at which time the interest rates for the full
repayment term would be fixed
Once the Public Offering occurs, the Section 108 payments are made as follows
Interest is paid on August 1 and February I of each year The principal payment
for the full year is made on August I We propose that no principal payments be
made on August 1 2002 (at the beginning of the 2002-03 fiscal year) or 2003 (at
the beginning of the 2003-04 fiscal year) The principal would then be repaid,
starting on August 1, 2004 (at the beginning of the 2004-05 fiscal year) over the
remaining 18 years of the 20 year Section 108 Loan
Assuming the average interest rate on the HUD Public Offering in June 2002 is
6 5%, then the annual Section 108 Loan debt service, once full principal and
interest were being paid, would be about $141,000
The Section 108 repayment assumes both commercial building are constructed at
the same time Should there be a year or longer difference in the start of
construction, the City would only draw down the appropriate amount (presumably
half or $750,000) if only one of the two buildings starts in early 2002 The
balance would be drawn down when the construction was to begin on the second
building
Ms Lula C Butler
May 12, 2001
Page 3
C. Use of Economic Development Initiative (EDI) Grant Funds
The economic assistance by the City of Delray Beach is through the below market
interest rate on the Section 108 Loan Just as important as an economic incentive
is the use of the Economic Development Initiative (EDI) Grant funds The
recommended EDI Grant request is $300,000 It is proposed that the EDI funds
pay for the costs of issuance when the Section 108 funds are drawn down, and
then the full interest during the two years when no principal payments are made
(in fiscal years 2002-03 and 2003-04). It is projected that about $202,000 in EDI
funds would be needed to make those closing costs and interest payments, leaving
about $98,000 to provide assistance in the early years of operations The attached
payment schedule shows allocating $45,000 in the first full year of operations,
$30,000 in the second year and the balance of about $22,000 in the third year
By providing some assistance in the early years of operations, it allows the commercial
projects time to achieve 95% occupancy, the level lenders consider stabilized lease up
The developer should be required to structure its deal so that at 95% occupancy the
project has a substantial debt coverage ratio to meet all the debt obligations on the
project The debt coverage ratio compares the total net income from the project as
compared to the total debt service We do not believe it is good public policy to commit
the City to subsidizing the project over any period beyond what is reasonable for them to
achieve stabilized lease up
When we receive the updated development and operating proforma and the projected
debt service on the private financing for the project, we will provide an additional
spreadsheet that shows the debt coverage ratio including the private debt and the Section
108 debt service That spreadsheet will demonstrate how the EDI funds assist the project
in the critical lease up years
Please call me if you have any questions regarding this report or the attached Section 108
Loan repayment schedule Upon your "sign off' on this structure, we will begin to
incorporate the information into the preliminary draft of the EDI grant application
Sincerely,
Mark E Briggs
President
MEB.ee
Attachment
Delraybeach,butler2
RECEIVED
NAY 1 7 2001
COMM. IMP. ADMIN.
a I B I C I d I E
I CiTY OF DELRAY BEACH i I
2 SECTION 108 REPAYMENT I !
3 delrayl08repayl ~
4 May 12,2001
5
6 Drawdown Assumptions
7 February 1,2002 $ 1,500,000
8 Fees Histonc costs for fees
9 Underwnter $ 9,000 (55 to 60 bas~s points)
10 ! Legal & Accounbng $ 450 ($300 per $1M of notes)
11 Trustee Fees $ 6,000 ($250 to $300 per years ~n term of repayment)
141312 WireTotaiTOtal TransferFees Fees I $$$ 1,515,50015'50050 ($50 per ...... draw down~i~__ event)
16 Repayment Assumptions ~ i I i -
17 Assumed Interest Rate for June 2002 Pubhc Offenng
18 Pnnc~pal amortization over 18 years I ! 650%
19 Interim Interest based on May 11, 20013-Month LIBOR plus 20 bas~s points June 427%
20 Assumed Public Offering Date for Funding: i ~ 1,2002
22 Section 108 Repayment I ] Sources of Repayment
24 August , August , February Fiscal Year
25 --- Principal ~ Interest Interest ~ Total I Ending Project Net
26 Fiscal Year Payment Payment Payment I Payments I Balance I EDI Funds Income
28 2001-02 Payment of Fees) I $ 15,500
29 2001-02 (Quarterly Payment ~n May) ! $ 16,013 $ 31,513 $ 1,500,000 $ 31,513
30 2002-03 $ 24,375i $ 48,750 $ 73,125 $ 1,500,000 $ 73,125
31 2003-04 $ 48,750 $ 48,750 $ 97,500 $ 1,500,000 $ 97,500 $
32 2004-05 $ 45,000 $ 48,750 $ 47,288 $ 141,038 $ 1,455,000 $ 45,000 $ 96,038
33 2005-06 $ 48,000 $ 47,288 $ 45,728 $ 141,015 $ 1,407,000 $ 30,000 $ 111,015
34 2006-07 ~ $ 52,000 $ 45,728 $ 44,038 $ 141,765 $ 1,355,000 ~,$ 22,863 $ 118,903
35 2007-08 !$ 55,000 $ 44,03815 42,250 $ 141,288 $ 1,300,000]~i $ 141,288
36 2008-09 $ 59,000 $ 42,250, $ 40,333 $ 141,583 $ 1,241,000/ ~ $ 141,583
37 2009-10 '$ 63,000 $__40,333;$ 38,285 $ 141,61815 1,178,000~__J $ 141,618
38 2010-11 $ 67,0001 $ 38,285 $ 36,10815 141,393 = $ 1,111,000 I___ j $ 141,393
39 2011-12 T $ 72,0001 $ 36,108: $ 33,768 ~-$ 141,875 ' $ 1,039,000! ! $ 141,875
40 2012-13 $ 76,000 $ _ 3_3_,~76_8_t $ 31,298,f-$ 141,065 ! $ 963,000 ~_--~-~ $ 141,06,~
41 2013-14 $ 82,000 $ 31,298, $ 28,633 $ 141,930, $ 881,000,I $ 141,930
42 2014-15 $ 87,oool $ 28,633I $ 25,805'$ 141,438 $ 794,000 I$ 141,438
43 2015-16 $ 93,0001 $ 25,805I $ 22,78315 141,588 $ 701,000 I$ 141,588
44 2016-17 $ 99,000I $ 22,783 $ 19,56515 141,348 $ 602,0001~ - $ 141,348
45 2017-18 $ 106,00015 19,565 $ 16,120 $ 141,685 $ 496,000 $ 141,685
46 2018-19 $ 113,000 $ 16,120 $ 12,448 $ 141,568 $ 383,000 $ 141,568
47 2018-19 $ 121,000 $ 12,448 $ 8,515 $ 141,963 $ 262,000 $ 141,963
48 2019-20 $ 129,000 $ 8,51515 4,323 $ 141,838 $ 133,000 $ 141,838
49 2020-21 $ 133,000, $ 8,515 ! $ 141'51515 I $ 141,515
50
51 Total IS 1,500,000 [$ 623,350 is 626,295 $ 2,749,645, $ 300,000 $ 2,166,29~
IOD ·
AGENDA REQUEST
Request to be placed on:
x Regular Agenda
__ Special Agenda
__ Workshop Agenda
~ Consent Agenda
Date: June 15, 2001
When: June 19, 2001
Description of item (who, what, where, how much):
Public Hearing amending the Community Development Block Grant (CDBG) 2000/01
Annual Action Plan to include the submittal of the Economic Development Initiative
(EDI) Grant and a Section 108 Loan application for the Atlantic Grove Mixed-Use
Development Project. City Commission is asked to authorize the submittal of the EDI
grant in the amount of $300,000 and a $1.5 million dollar Section 108 Loan Guarantee
application to the Department of Housing & Urban Development.
ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO
Recommendation:
Department Head Signature: ~~/) ~f~/~ 't.~c~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding Alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for agenda:(~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
CITY OF DELRAY BEACH
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission of the City of Delray Beach will
conduct a Public Hearing regarding the following actions relating to the proposed 4.6
acre mixed-usc project located on blocks 28 and 36, on the north side of W. Atlantic
Avenue, between NW 3ra and NW 5th Avenues. The Public Hearing is specifically to
consider the following:
Amending the current 2000-2001 Annual Action Plan to the City's
Community Development Block Grant Program (CDBG) to include the
submittal of an Economic Development Initiative (EDI) Grant and a Section
108 Loan for the 4.6-acre mixed-use project.
Authorize the submittal of a $300,000 EDI grant and a $1.5 million Section
108 Loan Guarantee application to assist with the development of the 4.6-acre
mixed use project.
The purpose of the Hearing is to provide citizens an opportunity to comment on the
proposed actions to be taken. The Public Hearings will be on Tuesday, June 19, 2001,
7:00 PM, in the City Commission Chambers located in the Delray Beach City Hall, 100
N.W. 1st Avenue, Dekay Beach, FL 33444.
The City intends to apply to the U.S. Department of Housing and Urban Development for
EDI and Section 108 Loan funds to help assist with the development of the 72,000
square foot of office/retail and 59 two and three story townhouse project. The project is
not economically viable and cannot proceed without the use of these funds. The project
also needs to be amended into the City's current year CDBG Annual Action Plan.
As part of the Citizens Participation Plan, the City encourages public comments and
citizen's views on the proposed actions. Comments may be submitted orally or in writing
for a 30 day period. Written or oral comments will be received at the following location:
Community Improvement Department
City of Delray Beach
100 N. W. First Avenue
Delray Beach, FL 33444
Attention: Lula Butler, Director
(561) 243-7203
Copies of the program guidelines are also available upon request for public review.
Date of Publication:
deiraybeach/phnot~ce
New Urban~Cornmunltles
Une Account
Item Description
1401 Raw Land or Lots
i 402 Taxes Ihru Absorption
1420 Preliminary Surveying
Site Planning
Landscape Architecture
Engineering/Plaiting
Construction Eng./Surveying
1421 Legal Fees
1425 Amenities
Community Pools
1426 Clearing & Brushing
1437 Demollllon
1427 Sanitary Sewer
1428 Storm Sewer
1429 Water Mains
1430 Special Structures
1431 Paving
Curb & Gufler
1432 Sidewalks
1433 Off Site Paving
Off Site - Other
1434 Guaranteed Revenues
1456 Impact Fees
1435 Letters of Credit/Bonds
1436 Temporary Roads & Ulllitles
1439 EaCh Bal & Retention
1440 Electric Distribution
1441 Irrigation
1442 Phone Distribution
1443 Cable TV Distribution
1444 Street & Lot Ughflng
1445 Street Signs
] 447 Burden
1448 Rezonlng Fees
Municipal Inspection Fees
Plan Check Fees
Comp/Consl. Testing
Recording Fees
Townhomes
LOIS 5,5 Scenario Prellmma~J
Date 15-Jun~)l Acres 267 Lot Cost 33,992
Atlantic Grove
Construction Budget
Detailed Unit Cost/ Accounl
Description Quantity Units Price Extenslon % Lot Total
Raw Lots 55 Lots 6900 379,500 20 30% 6,900
Closing Costs 1 LS 5(X)O0 50,000 2 67% 909
interest Reserve 55 Lots 3400 187,000 10 00% 3,400
JHold 24 months) 1375000 $ 0 04 55,000 2 94% 1,000
Boundary Survey 1 LS 1000 1,000 0 05% 18
Topo Survey I LS 1000 1,000 0 05% 18
Tree Survey I LS 1000 1,000 0 05% 18
Sfle Plan 1 LS 6000 6,000 0 32% 109
Landscape/Hardscp Demc~ I LS 5000 5,000 0 27% 91
Engineering 1 LS 9000 9,000 0 48% 164
Plathng/Honz Control 1 LS 6000 6,000 0 32% 109
Irngahon I LS 2000 2,000 0 11% 36
LOMAR 55 Lots 0 0 0 00% 0
Progress Photos 2 67 Acres 100 267 0 01% 5
Landscape Inspechons 55 Lots 50 2,750 0 15% 50
Eng Inspechons/CedlflcatK 1 LS 5000 5,000 0 27% 91
Stak~ng/As-Bullts 1 LS 4000 4,000 0 21% 73
Mlsc Surveying (Plots, Esmts 1 LS 2500 2,500 0 13% 45
Contract and HOA 2 67 Acres 10000 26,700 I 43% 485
Perimeter Wall (Wi 0 LF 45 0 0 00% 0
Aluminum Perimeter Fence 1000 LF 20 20,000 I 07% 364
Monument S~gnage 6 LS 2000 12,000 0 64% 218
Entry gales I LS 40000 40,000 2 i4% 727
Fountains I LS 10000 10,000 0 53% 182
Tot Lot I LS 12500 12,500 0 67% 227
Pavers 9600 SF 3 20 30,720 I 64% 859
Benches, Trash Cans, B~ke i; I LS 8500 8,500 0 45% 155
Mailboxes/Slabs 1 LS 3000 3,000 0 16% 55
PoolJCabana 55 Lots 1500 82,500 441% 1,500
Vegetation Removal 2 67 Acres 1000 2,670 0 14% 49
0 LS 90000 0 0 00% 0
See Detail 1 LS 40000 40,000 2 14% 727
See Detail 1 LS 50000 50,000 2 67% 909
See Detail 1 LS 45000 45,000 2 41% 818
0 LS 250000 0 0 00% 0
Includes Parking bays 1 LS 100000 100,000 5 35% 1,818
Islands/Wheelstops 0 LF 0 0 0 00% 0
6150 SF 300 18,450 099% 335
Turn Lanes 1 LS 40000 40,000 2 14% 727
UiJ~ty, Drainage Connects 1 LS 30000 30,000 1 60% 545
146 lots 0 0 0 00% 0
County Schools 55 Lots 901 49,555 2 65%
C~ty Parking 55 Lots 0 0 0 00%
County Rte Rescue 55 Lois 43 2,365 0 13%
C~ty Recreahon 55 Lots 0 0 0 00%
C~ty Parks 55 Lots 500 27,500 1 47%
County Parks 55 Lots 676 37.180 1 99%
C~ty Pohce 55 Lois 0 0 00%
County Roads 55 Lots 2139 117,645 6 29%
County Public Buildings 55 Lots I 17 6,435 0 34%
County Dbranes 55 Lots 0 0 0 00%
Exlshng Use Credit 1 LS -53000 (53,000) -2 83%
Subd~vlson Improvements 412,743 $ 0 023 9,287 0 50%
2 67 Acres 1000 2,670 0 14%
See Detail 4307 6 CY 3 00 12,923 0 69%
Underground Dlfferenhal 55 Lots 200 11,000 0 59%
Pole Relocahon 1 LS 5000 5,000 0 27%
Sleeving 1 LS 3000 3,000 0 16%
2 67 Acres 10000 26,700 1 43%
Sleeving 55 Lots 50 2,750 0 15%
Sleeving 55 Lots 50 2,750 0 15%
Special bghhng 1 LS 15000 15,000 080%
Slgnage/Markmg 1 LS 7500 7,500 0 40%
New Urban Mgt Fee 799,747 $ 5% 39,987 2 14%
Apphcahon Fees 1 LS 5000 5,000 0 27%
Land Development Constn 343873 # 002 6,877 0 37%
Engineering/Plat Review 55 Lots 200 12,000 0 64%
Soil Teshng 2 67 Acres 3500 9,345 0 50%
Plat/Easemenls 1 Phases 2500 2,500 0 13%
616,500
55,000
3,000
6,000
5,000
20,017
26,700
136,720
82,500
2,670
0
40,000
50,000
45,000
0
100,000
0
18,450
4O,000
30,000
0
187,680
9,287
2,670
12,923
1%000
26,700
2,750
2,750
15,000
7,500
39,987
5,000
6,877
12,000
9,345
2,$00
New Urban ~j~J~ Communities
frellmlna~ Lot Cod Edtmale
Uno Account
item Description
Detailed
Descdpflon
Commercial Space
Loll 20
Acres 1 60
Quantity Units
1401 Raw Land orLo~
Raw Lots
Closing Costs
Interest Reserve
1402 Taxes Ihru Absorption (Hold 24 months)
1420 Preliminary Surveying
Boundary Survey
Topo Survey
Tree Survey
Site Planning Site Plan
Landscape Architecture Landscape/Hardscp Design
Engineering/Plotting
Englneenng
Plalhng/Honz Control
Irrlgahon
LOMAR
Progress Photos
Landscape Inspechons
Condtucflon Eng/Surveying
Eng Inspectlons/Cedlficahon
Stoklng/As-Bu~lls
MlSC Surveying (Peats, Esmts )
1421 Legal Fees Contract and HOA
1425 Amenities
Perimeter Wall (W)
Aluminum Perimeter Fence
Monument Slgnage
Entry gates
Fountains
Tot Lot
Pavers
Benches, Trash Cans, Bike
Mailboxes/Slabs
Community Pools Pool/Cabana
1426 Clearing & llmshlng Vegetation Removal
1437 Demblitlon
1427 Sanitary Sewer See Detad
1428 Storm Sewer See Detad
1429 Water Mains See Detad
1430 S~clal Structures
1431 Paving Includes Parking bays
Curb & Gutter Islonds/Wheelstops
1432 Sidewalks
1433 Off Site Paving Turn Lanes
Off Site - Olher Uhhty, Drainage Connects
1434 Guaranteed Revenues
1456 Impact Fees
1435 Le~d'erl of Credit/Bonds
1436 Temperaly Roads L Utilities
1439 Earth llal& Retention
1440 Bectric Distribution
1441 IltlgaBon
1442 Phone Dl~dbutlon
1443 Cable TV Dlsldbuflon
1444 Sireel & Lot Ughflng
1445 Sheet Signs
1447 Rurden
1448 Rezonlng Fees
Municipal Inspection Fees
Plan Check Fees
Comp/Canal. Tedlng
Recerdlng Fees
Title Insurance
Expected Repaks/Mtnce
2O
1700000
20
16
20
1
I
1
16
0
4
0
2
0
9~
1
1
0
16
0
1
1
1
0
1
0
4960
1
1
0
County Schools-Res 0
County Pubhc Bulld~ngs-Retal 20
County Fire-Retail 20
County Road-Refad 20
County Roads-Office 20
County Fire-Office 20
County Fire-Res 0
County Roods-Res 0
County Public Buildings-Res 0
County Parks-Res 0
County Public BuHdlngs-Offio 20
Exlshng Use Credit 1
Subdlwson Improvements 330596
16
See Detad 3872
Underground Dlfferenhal20
Pole Relocation 1
Sleeving 1
16
Sleeving 20
Sleeving 20
Special Lighting 1
Slgnage/Marbng 1
New Urban Mgt Fee 479,586
Application Fees I
Land Development Construc 273996
Englneenng/Plat Rewew 20
Soil Teshng 1 6
Plat/Easements 1
I
2O
Lots
LS
Lob
LS
LS
LS
LS
LS
LS
LS
LS
Lots
Acres
Lois
LS
LS
LS
Acres
LF
LF
LS
LS
LS
LS
LS
LS
LS
Acres
LS
LS
LS
LS
LS
LS
LF
SF
LS
LS
lots
Lols
Spaces
Lots
Lots
Lots
Lots
Lots
Lots
Lots
Lots
Lots
LS
$
Acres
CY
Lots
LS
LS
Acres
Lots
Lob
LS
LS
LS
#
Lots
Acres
Phases
Phases
Lots
Unit
Price
37000
5OOOO
92OO
004
1000
1000
1000
6OOO
5OOO
9OOO
6OOO
2000
0
100
100
5OOO
4OOO
2500
10000
45
20
3OOO
5OOOO
11000
12500
32O
85OO
5000
9OO00
4OOO
900OO
2000O
40000
35000
250000
75000
0
300
40000
30000
495
590
196
138
6015
1852
92
I10
2140
99
574
115
-158000
0 030
10aa
300
1000
4000
3OOO
1OOOO
50
50
10000
7500
5%
5OOO
0 02
1000
3500
25OO
0
2OO
88 794
Extension
740,000
5O,000
184,000
~,0OO
hO00
h000
h000
6,000
5,000
%000
6,000
2,000
0
2,000
5,000
4,000
2,500
16,000
0
12,000
0
22,000
0
30,720
8.500
5,000
0
6,400
0
40,000
35,000
0
75,000
0
14,880
40,000
30,000
0
0
3,910
2,760
120,290
37,05O
h840
0
0
0
0
2,300
(1~,000)
9,918
1,600
lh616
20,000
4,000
3,000
16,000
1,000
1,000
10,000
7,500
23,979
5,000
5,480
20,000
5,600
2,500
0
4,000
41 67%
2 82%
10 36%
3 83%
0 06%
0 06%
0 06%
0 34%
0 28%
051%
0 34%
011%
0 00%
001%
011%
0 28%
0 23%
0 14%
0 90%
0 OO%
I 69%
0 68%
0 OO%
1 24%
0 OO%
1 73%
0 48%
0 28%
0 00%
0 36%
0 00%
1 13%
2 25%
1 97%
0 O0%
4 22%
0 00%
0 84%
2 25%
1 69%
0 OO%
0 OO%
0 22%
0 16%
6 77%
2 09%
0 10%
0 OO%
0 O0%
0 OO%
0 00%
0 13%
~ 90%
0 56%
0 09%
0 65%
1 13%
0 23%
0 17%
0 90%
0 06%
0 06%
0 56%
0 42%
1 35%
0 28%
031%
1 13%
0 32%
0 14%
0 00%
0 23%
Cos'r/
Lot
37,000
2,500
9,200
3,400
5O
5O
5O
3OO
250
450
3OO
100
0
8
100
250
200
125
8OO
0
1,500
600
0
1,100
0
1,536
425
250
0
320
0
1,000
2,000
1,750
0
3,750
0
744
2,000
1,500
0
Account
Total
974.000
68,000
3.000
&,000
5,000
19,160
11,500
1 &,O00
108,220
0
6,400
0
20,000
40,000
35,000
0
75,000
0
14,880
40,000
30,000
0
10,130
9,918
1 ,&O0
11,616
27,000
16,000
1,000
1,000
10,000
7,500
23,979
$,000
5,480
20.000
S,&00
2,500
0
4,000
New Urban~Commun~hes
Pr®limlna~, Lot Cost Estimate
Atlantic Grove
Uno Account Detailed
Item Description Description
Condominiums
Quantity
24
o 40
Unlh
Unit
Price
33,868
Extension
Cost/
Lot
Account
Total
1401 Raw Land M Lots
Raw Lots 24
Closing Costs 1
Interest Reserve 24
1402 Taxes thru Absorption (Hold 24 months} 600000
1420 Preliminary Surveying
Boundary Sur~ey 1
Tope Survey 1
Tree Survey 1
Sffe Planning Site Plan 1
Landscape Architecture Landscape/Hardscp Des~ 1
Engineering/Plotting
Englneenng 1
Plalhng/Honz Control1
Imgaflon 1
LOMAR 24
Progress Photos 0 4
Landscape Inspections 24
Condmction Jng/Surveying
Eng Inspectlons/Cert~ficah 1
SlaJang/As-BulJts 1
Mlsc Surveying (Plots, Esmt 1
] 421 Legal Fees Contract and HOA 0 4
1425 Amenities
Penmeter Wall (W) 0
Aluminum Penmeter Feno 300
Monument Slgnage 0
Entry Gates 0
Fountains 0
Tot Lot 0
Pavers 2400
Benches, Trash Cans, B~ke 1
Madboxes/Slabs 1
Communtiy Pools Pool/Cabana 24
1426 Clearing & Brushing Vegetation Removal 0 4
1437 DemolHion 0
1427 Sanitary Sewer See Detail 1
1428 Storm Sewer See Detad 1
1429 Water Mains See Detad 1
1430 Special $truclures 0
1431 Paving Includes Parking bays 1
Curb & Gutter Islands/Wheelstops 0
1432 Sidewalks 2480
1433 Off Site Paving Turn Lanes 1
Oil Site - OCher Uhhty, Dramage Connects 1
1434 Guaranteed Revenues 146
1456 Impact Fees
County Schools 24
City Parking 24
County Rte Rescue 24
City Recreation 24
C~ty Parks 24
County Parks 24
City Police 24
County Roads 24
County Pubhc Buildings 24
County Dbrades 24
Existing Use Credit 1
1435 Leffers of Crectit/E, onds Subdlv~son Improvements 199,476
1436 Temporary Roads J Utilities 0 4
1439 Earth Bal & Retention See Detad 645 3333
1440 Elecl~c Dlshlbution Underground Dlfferenhal 24
Pole Relocahon 1
Sleeving
1441 Irflgaflan 0 4
1442 Phone Distribution Sleeving 24
1443 Cable TV DIditbution Sleevmg 24
1444 Site, et& LOt Ughting Spec,al Lighting 1
i 445 Skeet Signs SLgnage/Markmg 1
1447 Burden New Urban Mgt Fee 331,436
1448 Rezonlng Fees Apphcatlon Fees 1
Municipal Inspection Fees Land Development Consfl 176876
Plan Check Fees Englneenng/Plat Review 24
Camp/Const Testing Soil Teshng 0 4
Recording Fees Plat/Easements 1
Expected Repotrs/AMnce 24
Unexpected COSTS 24
Lots
LS
Lots
$
[5
[5
LS
[5
[5
[5
Lots
Acres
Lots
LS
LS
15
Acres
LF
LF
[5
[5
[5
[5
SF
[5
Lots
Acres
LS
[5
LF
SF
[5
lots
Lots
Lots
Lots
Lots
Lots
Lots
Lots
Lots
Lots
Lots
$
Acres
CY
Lots
Acres
Lots
Lots
[5
[5
$
[5
#
Lots
Acres
Phases
Phases
Lots
Lots
7900
25OOO
5750
0 04
5OO
5OO
5OO
2000
2000
4000
4OOO
1000
0
100
50
3OOO
2OOO
1500
10000
45
2O
2000
4OOOO
1O00O
1250O
32O
5OOO
3OOO
1500
1000
90000
10000
25000
25000
250000
50OOO
0
300
30OOO
20OOO
0
589
0
44
0
5O0
575
2139
99
0
-70000
0 O23
1000
300
200
3000
2000
10000
50
50
60(]0
7500
5%
4000
0 02
200
3500
2500
0
200
500
189.600
25.000
138,000
24,000
500
500
500
2,000
2,000
4,000
4,000
h000
0
40
1,200
3,000
2,000
h5oO
4,000
0
6,000
0
0
0
0
7,680
5,000
3,000
36,000
400
0
10,000
25,000
25,000
0
50,000
0
7,440
30,000
20,000
0
14,136
0
1,056
0
12,000
13,800
0
51,336
2,376
0
170,000)
4,488
4OO
1,936
4,B00
3,000
2,000
4,000
1,200
1,200
6,000
7,500
16,572
4,000
3,538
4,800
1,400
2,$00
0
4,800
12,000
23 33%
3 08%
16 98%
2 95%
0 06%
0 06%
0 06%
0 25%
0 25%
0 49%
0 49%
0 12%
0 00%
0 OO%
0 15%
0 37%
0 25%
0 18%
0 49%
0 OO%
0 74%
0 OO%
0 O0%
0 OO%
0 O0%
0 94%
0 62%
0 37%
4 43%
0 05%
0 O0%
1 23%
3 08%
3 08%
0 0O%
6 15%
0 O0%
0 92%
3 69%
2 46%
0 O0%
7,900
1,042
5,750
1,~0~
21
21
21
83
83
167
167
42
0
2
5O
125
83
63
167
0
250
0
0
0
0
32O
2O8
125
1,500
17
0
417
1,042
1,042
0
2,083
0
310
1,25O
833
0
589
0
44
0
5OO
575
0
2,139
99
0
J2,917)
187
17
81
2O0
125
83
167
5O
5O
250
313
690
167
147
200
58
104
0
2OO
5OO
60O
352,600
24,000
1,500
2,000
2,000
10,240
0,500
4,000
21,680
3&,000
4OO
0
10,000
25,000
25,000
0
50,000
0
7,440
30,000
20,000
0
24,704
4,488
400
1,936
9,800
4,000
1,200
1,200
&,O00
7,500
1&,$72
4,000
3,538
4,800
1,400
2,500
0
4,800
12,000
144OO
New Urban~j~Communltles
Line Ao¢ount
Item Description
Uve/Wmk
1401 Raw Land or Lob
1402 Taxes thru Absorption
1420 Preliminary Surveying
Sffe Planning
Landscape Archffecture
Engineering/Plaiting
Conshuction Eng./Surveying
1421 Legal Fees
1425 Amenities
Community Pools
1426 Clearing & Brushing
1437 Demolition
1427 Sanitary Sewm
1428 Storm Sewer
1429 Water Mains
1430 Special StnJctures
1431 Paving
Curb & Gutter
1432 Sidewalks
1433 Off' Sl~e Paving
Off Site - Other
1434 Guaranteed Revenues
1456 Impact Fees
1435 Letters of Credit/Bonds
1436 Temporary Roads & Utilities
1439 Eaffh Bal & Retention
1440 rrJechic Dl~'rribution
1441 Irrigation
1442 Phone Dl~dbultan
1443 Cable TV Dl~hJbuflon
1444 Sheet & Lot Ughflng
1445 Sheet Signs
1447 Burden
1448 Rezonlng Fees
Municipal Inspection Fees
Plan Check Fees
Comp/Const Te~ng
Recording Fees
Title Insurance
Expected ReDalrs/Mlnce
Detailed
Description Quantity
0
Un~
Raw Lots 0 Lots
Closing Costs 0
Interest Reserve 0 Lots
(Hold 24 monthsJ 0 $
Boundary SuP/ey 0 LS
Topo Survey 0 LS
Tree .Survey 0 LS
Site Plan 0 LS
Landscape/Hardscp Design 0 LS
EngJneenng 0 LS
Plathng/Honz Control 0 L$
IrTigatlon 0 LS
LOMAR 0 Lols
Progress Photos 0 Acres
Landscape Inspections 0 Lots
Eng Inspections/C erh tiaa ban 0 LS
Staklng/As-Budts 0 LS
MlSC Surveying JPIots, Esmls ) 0 LS
Contract and HOA 0 Acres
Penmeter Wall JW) 0 LF
Aluminum Penmeter Fence 0 LF
Monument Slgnage 0 LS
Speomen Oak 0 LS
Fountains 0 LS
Tot Lot 0 LS
Pavers 0 SF
Benches, Trash Cans, Bike Rack 0 LS
Mailboxes/Slabs 0 LS
Pool/Cabana 0 Lots
Vegetation Removal 0 Acres
0 LS
See Detail 0 LS
See Detail 0 LS
,See Detail 0 L5
0 LS
Includes Parking bays 0 LS
Islands/Wheelstops 0 LF
0 SF
Turn Lanes 0 LS
Utility, Drainage Connects0 LS
0 lots
County SchooJs-Res 0 Lots
Cdy Parks 0 Lots
County Fire-Retail 0 Lots
County Road-Retail 0 Lots
County Roads-Office 0 Lots
County Flre-Oftice 0 Lots
County Fire-Res 0 Lots
County Roads-Res 0 Lots
County Public Buildings-Res0 Lots
County Parks-Res 0 Lots
County Public Buildings-Office 0 Lots
Exmhng Use Credd 0 LS
Subdlvlson improvements 0
0 Acres
See Detad 0 CY
Underground Dlfferenhal 0 Lots
Pole Relocation 0 LS
Sleewng 0 Lots
0 Acres
Sleeving 0 Lots
Sleeving 0 Lots
Special Lighting 0 LS
Slgnage/Marklng 0 LS
New Urban Mgt Fee $
AppJioation Fees LS
Land Development Constructlor #
Englneenng/Plat Review Lots
Sod Teshng Acres
Plat/Easements Phases
Phases
Lots
Unit
Price
11000
0
7650
0 04
5O0
5OO
5OO
1000
20OO
20OO
200O
1000
0
100
5O
1500
1000
1000
10000
45
20
2000
10OOO
11000
12500
3 20
250O
1000
1500
4000
9O00O
6O0O
1O00O
800O
25O000
20000
0
300
10000
5O00
495
590
500
0
0
2390
100
44
2139
99
575
102
-20000
0 030
1000
500
500
2000
1000
10000
50
50
3000
7500
5%
2000
0 02
300
350O
1500
0
20O
Extension
#DIV/01
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#DiV/0I
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Cost/
Lot
Account
Total
#DIV/0I
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#DIV/0I
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#DIV/Ot
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£1T¥ OF DELR;I¥ BEI:IgH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
FROM:
MEMORANDUM
June 14, 2001
City Commission
Susan A. Ruby, City Attorney
SUBJECT: Jesner Exanor v. City of Delray Beach case/Stephen Seldin claim
The purpose of this memorandum is to call for a closed attomey-client session pursuant to
Florida Statutes §286.011(8) for the June 19, 2001 City Commission meeting to discuss
settlement negotiations and strategy related to litigation expenditures in the above case.
Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the
commencement of the closed attorney-client session, the Mayor should read the following:
"The City has scheduled a closed attorney-client session pursuant to Florida
Statutes §286.011(8) regarding the Jesner Exanor v. City of Delray Beach
case/Stephen Seldin claim. The estimated length of the closed session shall
be 15 minutes. The following persons will be attending: Mayor David
Schmidt, Commissioners Pat Archer, Alberta McCarthy, Jeff Peflman and
Jon Levinson, City Manager David Harden, City Attorney Susan Ruby,
attorney Kent Pratt and a certified court reporter."
After the closed session is over, the Mayor should announce that the regular meeting is
reopened, and the closed session is terminated.
By copy of this memorandum to David Harden, our office requests that the agenda be prepared
giving reasonable public notice of the time and date of the closed attorney-client session for
June 19, 2001 and that the agenda item include the name of the case, the names set forth above
of those persons attending the session, and identify the item as a closed door session pursuant
to Florida Statutes §286.011. Our office will arrange for a court reporter to be present as
required by statute. Attached is a copy of Fla. Stat. §286.011.
SAR:j~
cc: David Harden, City Manager
Barbara Garito, Acting City Clerk
/¥.
FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties
Page 1
*32062 West's F.S.A. § 286.011
WEST'S FLORIDA STATUTES
ANNOTATED
TITLE XIX. PUBLIC BUSINESS
CHAPTER 286. PUBLIC BUSINESS;
MISCELLANEOUS PROVISIONS
Current through End of 2000 2nd Reg. Sess.
286.011. Public meetings and records;
public inspection; criminal and civil
penalties
(1) All meetings of any board or commission of
any state agency or authority or of any agency or
authority of any county, municipal corporation, or
political subdivision, except as otherwise
provided in the Constitution, at which official acts
are to be taken are declared to be public meetings
open to the public at all times, and no resolution,
rule, or formal action shall be considered binding
except as taken or made at such meeting. The
board or commission must provide reasonable
notice of all such meetings.
(2) The minutes of a meeting of any such board
or commission of any such state agency or
authority shall be promptly recorded, and such
records shall be open to public inspection. The
circuit courts of this state shall have jurisdiction
to issue injunctions to enforce the purposes of this
section upon application by any citizen of this
state.
(3)(a) Any public officer who violates any
provision of this section is guilty of a noncriminal
infraction, punishable by fine not exceeding $500.
(b) Any person who is a member of a board or
commission or of any state agency or authority of
any county, municipal corporation, or political
subdivision who knowingly violates the
provisions of this section by attending a meeting
not held in accordance with the provisions hereof
is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s.
775.083.
(c) Conduct which occurs outside the state which
would constitute a knowing violation of this
section is a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s.
775.083.
(4) Whenever an action has been filed against
any board or commission of any state agency or
authority or any agency or authority of any
county, municipal corporation, or political
subdivision to enforce the provisions of this
section or to invalidate the actions of any such
board, commission, agency, or authority, which
action was taken in violation of this section, and
the court determines that the defendant or
defendants to such action acted in violation of this
section, the court shall assess a reasonable
attorney's fee against such agency, and may assess
a reasonable attorney's fee against the individual
filing such an action if the court finds it was filed
in bad faith or was frivolous. Any fees so
assessed may be assessed against the individual
member or members of such board or
commission; provided, that in any case where the
board or commission seeks the advice of its
attorney and such advice is followed, no such fees
shall be assessed against the individual member or
members of the board or commission. However,
this subsection shall not apply to a state attorney
or his or her duly authorized assistants or any
officer charged with enforcing the provisions of
this section.
*32063 (5) Whenever any board or commission
of any state agency or authority or any agency or
authority of any county, municipal corporation, or
political subdivision appeals any court order
which has found said board, commission, agency,
or authority to have violated this section, and such
order is affirmed, the court shall assess a
reasonable attorney's fee for the appeal against
such board, commission, agency, or authority.
Any fees so assessed may be assessed against the
individual member or members of such board or
commission; provided, that in any case where the
board or commission seeks the advice of its
attorney and such advice is followed, no such fees
shall be assessed against the individual member or
members of the board or commission.
(6) All persons subject to subsection (1) are
prohibited from holding meetings at any facility
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties
Page 2
or location which discriminates on the basis of
sex, age, race, creed, color, origin, or economic
status or which operates in such a manner as to
unreasonably restrict public access to such a
facility.
(7) Whenever any member of any board or
commission of any state agency or authority or
any agency or authority of any county, municipal
corporation, or political subdivision is charged
with a violation of this section and is
subsequently acquitted, the board or commission
is authorized to reimburse said member for any
portion of his or her reasonable ~ttomey's fees.
(8) Notwithstanding the provisions of subsection
(1), any board or commission of any state agency
or authority or any agency or authority of any
county, municipal corporation, or political
subdivision, and the chief administrative or
executive officer of the governmental entity, may
meet in private with the entity's attorney to
discuss pending litigation to which the entity is
presently a party before a court or administrative
agency, provided that the following conditions are
met:
(a) The entity's attorney shall advise the entity at
a public meeting that he or she desires advice
concerning the litigation.
(b) The subject matter of the meeting shall be
confined to settlement negotiations or strategy
sessions related to litigation expenditures.
(c) The entire session shall be recorded by a
certified court reporter. The reporter shall record
the times of commencement and termination of
the session, all discussion and proceedings, the
names of all persons present at any time, and the
names of all persons speaking. No portion of the
session shall be off the record. The court
reporters notes shall be fully transcribed and filed
with the entity's clerk within a reasonable time
after the meeting.
meeting shall announce the commencement and
estimated length of the attorney-client session and
the names of the persons attending. At the
conclusion of the attorney-client session, the
meeting shall be reopened, and the person
chairing the meeting shall announce the
termination of the session.
*32064 (e) The transcript shall be made part of
the public record upon conclusion of the
litigation.
CREDIT(S)
1999 Main Volume
Amended by Laws 1991, c 91-224, .~ 33; Laws 1993, c.
93-232, ~ 1, eft June 30, 1993; Laws 1995, c. 95-148, 3~
210, eft July 10, 1995; Laws 1995, c. 95-353, 3~ 1, eft June
17, 1995.
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1999 Main Volume
Derivation:
Laws 1985, c. 85-301, § 6.
Laws 1978, c. 78-365, § 1.
Laws 1971, c. 71-136, § 159.
Laws 1967, c. 67-356, § 1.
Laws 1967, c. 67-356, enacting this section, provided in § 2
that the Act should become effectwe on July 1, 1967. The
Act did not become law until subsequent to the specified
date. O.A.G. 067-49 dated Aug. 10, 1967, recites that under
these circumstances the specific effective date provision
must be d~sregarded and that the general effecUve date for
the 1967 regular session applies.
Laws 1971, c. 71-136, § 159, made the offense defined by
subsec. (3) of this section a "misdemeanor of the second
degree, punishable as provided in § 775.082 or § 775.083" in
heu of pumshment by a maximum fine of $500 or maximum
trnprlsonment in the county jarl of 6 months, or both such
fine and ~mprisonment.
Laws 1978, c. 78-365, provided for punishment
alternatively under § 775.084 in subsec. (3), and added
subsets. (4) to (7).
(d) The entity shall give reasonable public notice
of the time and date of the attorney-client session
and the names of persons who will be attending
the session. The session shall commence at an
open meeting at which the persons chairing the
Laws 1985, c. 85-301, § 6, elf. June 20, 1985, inserted
subsec. (3)(a), designated existing subsec. (3) as subset.
(3)(b), and in subsec. (3)(b), inserted "knowingly".
Laws 1991, c. 91-224, a reviser's bill, mo&fled provisions
for punishment of misdemeanors as contained in this section
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
FSA § 286.011, Public meetings and records; public inspection; criminal and civil penalties
Page 3
by deleting reference to punishment pursuant to § 775.084 to
conform with Laws 1988, c. 88-131 which deleted all
references to misdemeanors from § 775.084.
Laws 1993, c. 93-232, § 1, eff. June 30, 1993, added
subsec. (8).
Laws 1995, c. 95-148, a reviser's bill, removed gender-
specific references apphcable to human beings without
substantive changes in legal effect.
Laws 1995, c. 95-353, § 1, elf. June 17, 1995, in the section
heading, inserted "criminal and civil"; in subsec. (1), added
the second sentence, relating to notice of meetings; and in
subsec. (3), added par. (c), relating to conduct occurring
outside the state.
Copyright (c) West Group 2001 No claim to original U.S. Govt. works