10-04-11 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, October 4, 2011 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall 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 will be limited to three minutes or less. The
Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. 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. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are
specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting,
you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium
to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and
address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous
while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority
vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter
considered at this meeting, such person will
need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray
Beach, FL 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in
and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your
request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE
4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. September 20, 2011 – Regular Meeting 6. PROCLAMATIONS: A. Recognizing and Commending Bishop Leonard Nathan Quince, Jr. B. Florida City Government
Month – October 2011 7. PRESENTATIONS: A. RESOLUTION NO. 47-11: Approve Resolution No. 47-11 recognizing and commending Benjamin Leonard for over 30 years of dedicated service to the
City of Delray Beach. B. 2012 All-America City Award -Campaign for Reading Readiness C. Economic Development Director – Vincent Nolan 8. CONSENT AGENDA: City Manager Recommends Approval
A. RESOLUTION NO. 50-11: ApproveResolution No. 50-11 to abandon an alleyway within Block 11, running from S.E. 7th Street some 303 feet toward S.E. 6th Street, between S.E. 5th Avenue
and S.E. 6th Avenue.
B. CHANGE ORDER NO. 1/INTERCOUNTY ENGINEERING, INC.: Approve Change Order No. 1 (C.O. No. 1) with Intercounty Engineering, Inc. for an extension to the contract of seven (7) days for
the Osceola Park Water Main Phase 2 Project and the amount of $18,321.82 to be paid out of the Contract's Utility Allowance for additional scope requirements. C. CHANGE ORDER NO. 1/SPEARHEAD
DEVELOPMENT GROUP, INC.: Approve Change Order No. 1 with Spearhead Development Group, Inc. in the amount of $24,118.80 for additional scope needed for driveway reconstruction to meet
ADA requirements; and for a contract time extension of thirty (30) days for the Community Improvement Sidewalks Project. Funding is available from 118-1965-554-63.11 (Neighborhood Services:
Improvements-Other/Bikepaths/Sidewalks). D. CONTRACT AWARD/FOSTER MARINE CONTRACTORS, INC.: Approve a contract award to Foster Marine Contractors, Inc. in the amount $1,156,896.00 for
the construction of the Auburn Avenue Improvement Project. Funding is available from 334-3162-541-68.65 (General Construction Fund: Other Improvement/Auburn Avenue Improvements) and
442-5178-536-68.50 (Water & Sewer Renewal & Replacement Fund: Improvements Other/WM -S.W. 12th & 13th Avenue). 1. CHANGE ORDER NO. 1/FOSTER MARINE CONTRACTORS, INC.: Approve Change Order
No. 1 with Foster Marine Contractors, Inc. to update certain documents as required for federally funded projects in the contract. E. SERVICE AUTHORIZATION NO. 07-05.2/AECOM TECHNICAL
SERVICES, INC.: Approve Service Authorization No. 07-05.2 to AECOM Technical Services, Inc. in the amount of $20,260.00 for the construction phase of Worthing Park. Funding is available
from 117-4133-572-68.19 (Recreation Impact Fee FD: Other Improvement/Worthing Park Improvement). F. CHANGE ORDER NO. 1/FOSTER MARINE CONTRACTORS, INC./S.W. 12TH AVENUE/S.W. 14TH AVENUE/AUBURN
AVENUE: Approve Change Order No. 1 with Foster Marine Contractors, Inc. in the amount of $16,907.80 for relocation of an additional twenty-eight (28) sewer cleanouts with funding available
from 442-5178-536-68.04 (Water & Sewer & Replacement Fund: Improvements Other/S.W. 12th Avenue-Auburn-14th Avenue), and approve $1,400 for removal of two (2) inlets to be paid out of
the contract's Unforeseen Conditions Allowance. G. REJECTION OF ALL BIDS/PAVEMENT ASSESSMENT PROJECT: Approve a recommendation to reject all bids received for the City's Pavement Assessment
Project and authorize staff to rebid the project with a modified scope. H. RESOLUTION NO. 51-11: Approve Resolution No. 51-11 assessing costs for abatement action required to remove
nuisances on twelve (12) properties throughout the City of Delray Beach. I. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the State
Housing Initiative Program (SHIP)
to the lowest responsive bidder for 336 S.W. 11th Avenue to Built Solid Construction, LLC in the amount of $32,637.64. Funding is available from 118-1924-554-49.19 (Neighborhood Services:
Other Current Charges/Housing Rehabilitation). J. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/TOWN OF GULF STREAM: Approve Amendment No. 1 to the Interlocal Agreement with the Town of
Gulf Stream to provide for an increase in the fee paid to the City based upon the Town's annexation of additional property. K. SPECIAL EVENT REQUEST /14TH ANNUAL BED RACE: Approve a
special event request for the 14th Annual Bed Race, sponsored by the Delray Beach Marketing Cooperative proposed to be held on October 28, 2011 from 5:30 p.m. until 8:00 p.m., granting
a temporary use permit per LDR Section 2.4.6.(F) for the use and closure of N.E. 2nd Avenue from Atlantic Avenue to N.E. 1st Street from 2:00 p.m. to 9:00 p.m.; authorize staff support
for traffic control and security, EMS assistance, trash removal and clean up, barricading, use and set up of half of the small stage, and preparation and installation of event signage;
contingent up receipt of a Certificate of Liquor Liability Insurance and a copy of the Temporary Liquor License as stated in the staff report. L. SPECIAL EVENT REQUEST/HALLOWEEN PARADE:
Approve a special event request for the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 29, 2011 from 1:30 p.m. until approximately 2:30 p.m., including
temporary use permit per LDR Section 2.4.6(F) for the rolling closure of Atlantic Avenue from N.E. 2nd Avenue to Veterans Park, and staff support for traffic control and security; contingent
upon receipt of the Certificate of Liability Insurance and a signed and notarized Hold Harmless Agreement by October 24, 2011. M. SPECIAL EVENT REQUEST/25TH ANNUAL TURKEY TROT: Approve
a special event request to allow the 25th Annual Turkey Trot to be held on Saturday, November 19, 2011 from 7:00 a.m. until approximately 9:00 a.m., including a temporary use permit
per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for traffic
control, barricading, clean up, use of half of small stage, event signage and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Parking Lots and along Atlantic Avenue from
Venetian to A-1-A from 6:00 a.m. until approximately 10:00 a.m. N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development
Boards for the period September 19, 2011 through September 30, 2011. O. AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors in the annual estimated amount of $210,000.00 for
the purchase of Chemicals and Fertilizers through the Co-Op annual contract on an “as needed basis” for FY 2011/2012. Funding is available from 001-4511-539-52.21 (General Fund: Operating
Supplies/Chemicals), 001-4511-539-52.26 (General Fund: Operating Supplies/Gardening Supplies), 119-4144-572-52.21 (Beautification Trust Fund: Operating Supplies/Chemicals), 445-4714-572-52.26
(D B Municipal Golf Course: Operating Supplies/Gardening Supplies), 446-4714-572-52.26 (Lakeview Golf Course: Operating Supplies/Gardening Supplies). 2. Bid award to West Construction,
Inc. in the amount of $197,156.00 for modifications to Worthing Park. Funding is available from 117-4133-572-68.19 (Recreation Impact Fee FD: Other Improvement/Worthing Park Improvement).
3. Contract award to Baker’s Transport Services (BTS) in an amount not to exceed $300,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant. Funding is
available from 441-5122-536-34-90 (Water and Sewer Fund: Other Contractual Services). 4. Contract award to Line Tec, Inc. in the amount of $98,638.00 for installing water meters and
connecting customers on the Barrier Island to the Reclaimed Water System. Funding is available from 441-5161-536-49.23 (Water and Sewer Fund: Other Current Charges; OB/Reclaim Water
Distribution System). 5. Contract award to Line-Tec, Inc. in the amount of $205,000.00 for three projects: Water Service Relocations, Water Meter Replacements-Contract Services and Fire
Hydrant Flow Testing. Funding is available from 442-5178-536-49.33 (Water and Sewer Renewal & Replacement Fund: Other Current Charges/OB/Water Service Relocation), 442-5178-536-52.34
(Water and Sewer Renewal & Replacement Fund: Operating Supplies/Water Meter Replacement Contract Service) and 441-5123-536-34.90 (Water and Sewer Fund: Other Contractual Services). 6.
Contract award to Rosso Paving and Drainage, Inc. in the amount of $92,699.00 for construction of drainage improvements on Palm Trail. Funding is available from 448-5461-538-68.69 (Storm
Water Utility Fund: Other Improvement/Palm Trail Drainage). 7. Purchase award to Sensus USA, Inc. in an amount not to exceed $500,000.00 for small water meters. Funding is available
from 442-5178-536-61.81 (Water & Sewer Renewal & Replacement Fund: Land/Water Meter Replacement Program). 9. REGULAR AGENDA: A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PBA POLICE
LIEUTENANTS: Consider ratification of the Collective Bargaining Agreement with the Police Benevolent Association (PBA) Police Lieutenants. (ADDENDUM) B. RATIFICATION OF COLLECTIVE BARGAINING
AGREEMENT/PBA POLICE OFFICERS AND SERGEANTS: Consider ratification of the Collective Bargaining Agreement with the Police Benevolent Association (PBA)/Police Officers and Sergeants.
(ADDENDUM) C. WAIVER REQUEST/DECK 84: Consider a waiver request to Land Development
Regulations (LDR) Section 4.4.13 (F)(4)(a)(2), “Front Setbacks”, to reduce the required front setback from five feet (5’) to eight inches (8”), to allow for the installation of a support
column and knee wall associated with new sliding glass doors in the same location as existing windows for Deck 84 located at 840 East Atlantic Avenue. (Quasi-Judicial Hearing) D. CONSIDERATION
OF AN APPEAL/HISTORIC PRESERVATION BOARD’S DECISION/CLASS III SITE PLAN MODIFICATION: Consider an appeal of the Historic Preservation Board’s denial of the Class III site plan modification
request for 85 S.E. 6th Avenue. (Quasi-Judicial Hearing) 1. CONSIDERATION OF AN APPEAL/HISTORIC PRESERVATION BOARD’S DECISION/WAIVER REQUEST: Consider a waiver request to Land Development
Regulations (LDR) Section 4.5.1(E)(3)(b)(2), “Parking”, for six required parking spaces for 85 S.E. 6th Avenue. (Quasi-Judicial Hearing) E. CONDITIONAL USE REQUEST/EGLISE DE DIEU PRIMITIVE
DE LA NOUVELLE JERUSALEM, INC.:Consider a conditional use request to allow conversion of an existing 3,335 sq. ft. duplex residential structure at 614 Martin Luther King Jr. Drive to
a church for Eglise De Dieu Primitive De La Nouvelle Jerusalem, Inc., with an associated off-site parking lot located on the west side of N.W. 6th Avenue, approximately 165 feet south
of Martin Luther King Jr. Drive. (Quasi-Judicial Hearing) 1. WAIVER REQUEST/EGLISE DE DIEU PRIMITIVE DE LA NOUVELLE JERUSALEM, INC.:Consider approval of a waiver request to Land Development
Regulations (LDR) Section 4.6.9.E.5 (a) (1), “Off Site Parking”, to increase the maximum acceptable pedestrian path distance to three hundred twenty-two feet (322’) for an off-site parking
lot for Eglise De Dieu Primitive De La Nouvelle Jerusalem Church located at 614 Martin Luther King Jr. Drive. (Quasi-Judicial Hearing) F. GARAGE PARKING SPACE LICENSE AGREEMENT/GLOBAL
PARKING SOLUTIONS: Consider approval of a parking license agreement with Global Parking Solutions for the utilization of 40 parking spaces in the Federspiel Garage seven (7) days per
week between the hours of 6:00 p.m. and 2:00 a.m. at a rate of $40.00 per space, per month. G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of
Adjustment to serve an unexpired term ending August 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Alperin (Seat #2). H. APPOINTMENTS TO THE DELRAY
BEACH HOUSING AUTHORITY: Appoint one (1) regular member to serve an unexpired term ending July 14, 2014 and one (1) regular member to serve a four (4) year term ending October 27, 2015
to the Delray Beach Housing Authority. Based on the rotation system, the recommendation/appointment will be made by Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5).
10. PUBLIC HEARINGS: A. ORDINANCE NO. 36-11 (FIRST READING/FIRST PUBLIC HEARING): Consider a privately initiated amendment to the Land Development Regulations (LDR) Section 4.4.9. (B),
“Principal Uses and Structures Permitted”, and Section 4.4.13 (B), “Principal Uses and Structures Permitted”, to clarify that bicycles with an electric helper motor are the only motorized
equipment permitted in the “rental of sporting goods and equipment” use category. If passed, a second public hearing will be held on October 18, 2011. B. ORDINANCE NO. 32-11: An ordinance
amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, “Regular Charges Levied”, to provide for increased residential and commercial collection
service rates for FY 2012. C. ORDINANCE NO. 34-11: Approve an increase of the parking meter fees from $1.25 to $1.50 per hour in all metered parking spaces, an increase to the cost of
the annual beach parking permit from $80.00 to $90.00 per year, and creation of a new permit classification of Senior Beach Parking Permit at a cost of $95.00 per year. D. ORDINANCE
NO. 35-11: Approve an ordinance amending Chapter 92, "Boats and Boating", by amending Section 92.15, "Docking License for Excursion Boat Operations", Subsection (E), "Short-Term Agreement",
to modify the permit fee; and by amending subsection (G), "Use of Docks at Veterans Park", to increase the mooring time for excursion boats at Veterans Park. E. RESOLUTION NO. 48-11/CONTRACT
FOR SALE AND PURCHASE/133 S.W. 12TH AVENUE: Consider approval of Resolution No. 48-11 which incorporates a Contract for Sale and Purchase between the City and the Community Redevelopment
Agency (CRA) for a vacant lot located at 133 S.W. 12th Avenue in the amount of $10.00. 1. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approval of an Interlocal
Agreement with the Community Redevelopment Agency (CRA) to transfer property to the City and pay some design and construction costs of a new structure to be located at 133 S.W. 12th
Avenue to expand the Neighborhood Resource Center; contingent upon approval of Resolution 48-11 and the Contract for Sale and Purchase. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
FROM THE PUBLICIMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 39-11:
Consider an amendment to the Code of Ordinances Section 72.02, “Definitions,” to conform to the State Statute definition of a bicycle and
to place further limitations on motorized bicycles. If passed, a public hearing will be held on October 18, 2011. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City
Attorney C. City Commission
09/20/11 SEPTEMBER 20, 2011 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, September 20, 2011. 1. Roll call showed: Present -Commissioner Thomas F. Carney, Jr. Commissioner Jay Alperin Commissioner Adam Frankel Commissioner
Angeleta E. Gray Mayor Nelson S. McDuffie Absent -None Also present were -David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer
was delivered by Reverend Greg Fitch, Chaplain with Hospice by the Sea and Chief of Chaplains for the Delray Beach Police and Fire-Rescue Department. 3. The Pledge of Allegiance to the
flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated there has been a request for Item 7.B., Saint Patrick’s Day Presentation to be removed from
the Agenda. Also, Mayor McDuffie noted the addition of Item 9.K., Participation Agreement/Today in America, to the Regular Agenda by addendum and stated there is additional information
for Item 10.C., Resolution No. 42-11 (Budget Adoption for FY 2012). Dr. Alperin moved to approve the Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Dr. Alperin -Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Gray moved
to approve the Minutes of the Workshop Meeting of August 30, 3011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote.
2 09/20/11 Mr. Frankel moved to approve the Minutes of the September 6, 2011, Regular Meeting of September 6, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. None 7. PRESENTATIONS: 7.A.
RESOLUTION NO. 31-11: Approve Resolution No. 31-11 recognizing and commending Vivian Mitchell for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution
No. 31-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING VIVIAN MITCHELL FOR THIRTY YEARS OF DEDICATED SERVICE TO
THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 31-11 is on file in the City Clerk’s office.) Mr. Carney moved to approve Resolution No. 31-11, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote.
7.B. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 7.C. International City/County Management Association Video -City of Delray Beach and School District of Palm Beach County Partnership
The City Manager stated as he reported to the Commission in July the City agreed to work ICMA TV to produce a video regarding the partnership with the School District over the last 20
years. He stated it is being shown at the International City Management Association International Conference which is taking place this week. The City Manager stated it will be on the
ICMA website for the rest of the year and it is available to the City to use plus all the raw footage that was shot in producing it. The City Manager stated there may be occasions when
the video can be used to promote the City and show the kinds of things that are available to students in Delray Beach.
3 09/20/11 Lula Butler, Director of Community Improvement, stated she has learned a lot about the significance of this particular contribution that the City has made from the filming
crew. Mrs. Butler stated ICMA selects ten cities each year to highlight and they come from all over the country and Delray Beach is one of the smaller communities that got acknowledged.
8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/1005 BUCIDA ROAD: Approve a request to defer the installation of a sidewalk along Bucida Road
and Seasage Drive for property located at 1005 Bucida Road. 8.B. ADDITIONAL SCOPE/FOSTER MARINE CONTRACTORS, INC./S.W. 12TH AVENUE/AUBURN/S.W. 14TH AVENUE PROJECT: Approve additional
scope with Foster Marine Contractors, Inc. in the amount of $24,710.41 for relocation of twelve (12) sewer laterals from S.W. 2nd Street to 3rd Street, two (2) additional street light
poles and 72 LF of concrete ribbon. Funding is available in the contract's Unforeseen Conditions Allowance for the S.W. 12th Avenue/Auburn Avenue/S.W. 14th Avenue Project. 8.C. SERVICE
AUTHORIZATION NO. 07-04.2/MOCK, ROOS & ASSOCIATES: Approve Service Authorization No. 07-04.2 with Mock, Roos & Associates in the amount of $24,072.50 for adding more alley design to
the N.W. 12th Avenue-Atlantic to Martin Luther King Jr. Drive Project. Funding is available from 334-3162-541-68.60 (General Construction Fund: Other Improvement/N.W. 12th Avenue-Atlantic/MLK)
and 448-5461-538-68.60 (Storm Water Utility Fund: Other Improvement/N.W. 12th Avenue-Atlantic/MLK). 8.D. CHANGE ORDER NO. 1/BRANG CONSTRUCTION, INC.: Approve Change Order No. 1 (C.O.
No. 1) with Brang Construction, Inc. in the amount of $1,548.30 for additional excavation and flatwork required at Bus Stop No. 8 to meet ADA requirements for the ARRA Bus Shelters Project
and for a contract time extension of fourteen (14) days. Funding will be provided through the Contract's Contingency Allowance. 8.E. SITE DEDICATION/FLORIDA INLAND NAVIGATION DISTRICT
(F.I.N.D)/FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION: Approve a site dedication with the Florida Fish and Wildlife Conservation Commission and the Florida Inland Navigation District
(F.I.N.D.) regarding the modifications to the Mangrove Park boat ramps, as required by the grant agreement with both agencies. 8.F. AMENDMENT NO. 4 TO THE AGREEMENT/QUALITY TRANSPORT
SERVICES, INC./DOWNTOWN ROUNDABOUT SHUTTLE SYSTEM: Approve Amendment No. 4 to the Agreement with Quality Transport Services, Inc. to extend the agreement under the same terms and conditions
currently in place.
4 09/20/11 8.G. REQUEST TO ATTEND THE CHICK-FIL-A LEADERCAST WORKSHOP: Approve a request for Dot Bast, Training and Development Manager, to attend the Chick-Fil-A Leadercast Workshop
sponsored by Giant Impact. 8.H. RESOLUTION NO. 38-11: Approve Resolution No. 38-11 to authorize the sale of Delray Beach Water and Sewer Revenue Refunding Bonds, Series 2011A. The caption
of Resolution No. 38-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 39-88, AS AMENDED AND SUPPLEMENTED, FOR
THE PURPOSE OF AUTHORIZING A TWELFTH SERIES OF WATER AND SEWER REVENUE BONDS DESIGNATED AS WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2011A (THE “BONDS”), IN THE AGGREGATE PRINCIPAL
AMOUNT OF $5,430,000 FOR THE PURPOSE OF REDEEMING THE CITY’S OUTSTANDING WATER AND SEWER REVENUE BONDS, SERIES 2006 (THE “2006 BONDS”) ISSUED TO FINANCE CERTAIN ADDITIONS, EXTENSIONS
AND IMPROVEMENTS TO THE CITY’S COMBINED PUBLIC UTILITY; PROVIDING FOR THE TERMS OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; AUTHORIZING THE NEGOTIATED SALE OF
SAID BONDS AND APPROVING THE FORM, AND AUTHORIZING THE EXECUTION AND DELIVERY, OF A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS TO BRANCH BANKING AND TRUST COMPANY;
INCORPORATING BY REFERENCE THE TERMS AND PROVISIONS OF RESOLUTION NO. 39-88, AS AMENDED AND SUPPLEMENTED; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY
OR ADVISABLE IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 38-11 is on file in the City Clerk’s
office.)
5 09/20/11 8.I. PARKS AND RECREATION FEE CHANGES: Approval of the proposed Parks and Recreation Fee Changes for FY 11/12. 8.J. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one
(1) Housing Rehabilitation contract award through the Community Development Division to the lowest responsive bidder for 2561 Bessie Street to Built Solid Construction, LLC in the amount
of $33,628.10. Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8.K. WORKFORCE HOUSING COVENANT AGREEMENT/FLORANDA
MHP, LLC./NEW CENTURY EXECUTIVE QUARTERS, LLC.: Approve a Workforce Housing Covenant Agreement between the City of Delray Beach and the Floranda MHP, LLC and New Century Executive Quarters,
pursuant to the requirements under Section 4.7 of the Land Development Regulations. 8.L. D.U.I. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve accepting a grant award from
the Florida Department of Transportation (FDOT) in the amount of $22,352.00 for funding the Police Department’s Driving Under the Influence (D.U.I.) program. Funding is available for
the local match from various budgetary accounts. 8.M. MAINTENANCE AGREEMENT/CONTROL COMMUNICATIONS, INC.: Approve a Maintenance Agreement with Control Communications, Inc. in the amount
of $25,296.00 for maintenance of the XTS3000 portable radios used by police officers. Funding is available from 001-2111-521-46.20 (General Fund: Repair & Maintenance Services/Equipment
Maintenance). 8.N. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES: Approve an Interlocal Agreement with the Community Redevelopment
Agency (CRA) for the funding of construction costs and professional services for certain projects as listed on Exhibit “A” attached to the Agreement for FY 2011-2012. 8.O. INTERLOCAL
AGREEMENT: COMMUNITY REDEVELOPMENT AGENCY, SPONSORSHIP OF TENNIS TOURNAMENTS: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for sponsorship of City tennis
tournaments for FY 2011-2012. 8.P. INTERLOCAL AGREEMENT: COMMUNITY REDEVELOPMENT AGENCY/STREETSCAPE BEAUTIFICATION LANDSCAPE MAINTENANCE: Approve an Interlocal Agreement with the Community
Redevelopment Agency (CRA) for Streetscape Beautification Landscape Maintenance.
6 09/20/11 8.Q. INTERLOCAL AGREEMENT: COMMUNITY REDEVELOPMENT AGENCY (CRA)/HOUSING REHAB INSPECTOR POSITION: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA)
to fund 50% of the Housing Rehab Inspector Position in the Neighborhood Services Division of the Community Improvement Department. 8.R. FOURTH AMENDMENT TO THE DECLARATION OF RESERVED
RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Fourth Amendment to the Declaration of Reserved Rights and Agreement not to Encumber
N.E. 7th Avenue regarding the abandonment and relocation of N.E. 7th Avenue between N.E. 1st Street and East Atlantic Avenue, to extend the time frame to obtain site plan certification
by 180 days. 8.S. SPECIAL EVENT REQUEST/44TH ANNUAL ST. PATRICK’S DAY PARADE AND PARTY: Approve a special event request for the 44th Annual St. Patrick’s Day Parade and Party on Saturday,
March 17, 2012, beginning with setup at 11:30 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m., and an event at Old School Square from 11:00 a.m. to 7:00 p.m.;
to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Atlantic Avenue from A-1-A to N.W. 5th Avenue for the parade, Atlantic Avenue from A-1-A to the bridge with overflow
on East Drive to Lowry Street and Gleason Street for staging of parade entries; that Atlantic Avenue from N.E./S.E. 5th Avenue to Swinton be closed until 6:00 p.m.; and to approve staff
support for traffic control and security, barricading, EMS assistance, use of the small stage and to allow event signage to be put up to be put up on March 1, 2012; contingent upon receipt
of the Certificate of Liability Insurance and Alcohol Liability Insurance, Temporary Liquor License and Signed Agreement with Old School Square by the dates outlined in the staff report.
8.T. SPECIAL EVENT REQUEST/FREE FRIDAY NIGHT CONCERT: Approve a special event request to endorse the Free Friday Night Concert to be held on October 14, 2011 from 7:00 p.m. to 11:00
p.m., on the grounds of Old School Square and in part of Old School Square Park; to authorize staff support for security, fire inspector, electrician, event signage and trash boxes;
contingent upon receipt of a Certification of Event Liability and Alcohol Liability Insurance and a Hold Harmless Agreement. 8.U. SPECIAL EVENT REQUEST/ON THE AVE: Approve a special
event request to endorse On the Ave to be held on October 6, 2011 from 6:30 p.m. to 10:30 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue
from Swinton to the west side of N.E./S.E. 6th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on
N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4th Avenue; to authorize staff support for security and traffic control, EMS assistance and fire inspection,
banner hanging and removal, event signage, barricade set up and removal, and trash removal and clean up.
7 09/20/11 8.V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 5, 2011 through September
16, 2011. 8.W. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Intercounty Engineering, Inc. in the amount of $285,475.00 for the Lowson Boulevard Force Main Replacement project. Funding
is available from 442-5178-536-68.74 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Lowson Blvd FM). Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0
vote. 9. REGULAR AGENDA: 9.A. WAIVER REQUESTS/HYATT PLACE HOTEL: Consider two (2) waiver requests to Land Development Regulations (LDR) Section 4.3.3(V)(2)(a), which requires that not
more than one stand-alone bar be located within any one block, nor within seven hundred and fifty (750) feet of another stand-alone bar measured from lot line to lot line in a straight
line and Section 4.3.3(V)(2)(c)(1), which allows a written request to establish a stand-alone bar to be valid for a period not to exceed six (6) months for the Hyatt Place Hotel located
along N.E. 1st Avenue. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach Quasi-Judicial rules into the record for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on Item 9.A., 9.B., and 9.C. Mayor McDuffie asked the Commission to disclose their ex parte communications.
Mr. Frankel stated he recalls being at the groundbreaking speaking to the developer and other parties associated with the Hyatt Place who during those conversations and presentations
talked about the restaurant that is going to be inside and other aspects of the project. Mrs. Gray stated she had no ex parte communications to disclose. Mayor McDuffie stated he also
attended the groundbreaking and spoke to the architect, the builders, and the developers. Mr. Carney stated he too attended the groundbreaking and does not recall this issue being discussed.
Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-138 into the record. Mr. Dorling stated this is consideration of two
waivers to the LDRs; one of the waivers is to LDR Section 4.3.3(V)(2)(a), which requires that not more than one
8 09/20/11 stand-alone bar be located within any one block, nor within seven hundred and fifty (750) feet of another standalone bar measured from lot line to lot line in a straight line.
The second waiver relates to the process that has been identified in the LDRs which locks in a projects ability to have one of these slots and that is a written request and is valid
for six (6) months. On April 6, 2011, the Historic Preservation Board (HPB) considered and approved a Class IV site plan modification to construct a 134-room hotel along Pineapple Grove
Way that contains 2,100 square feet of retail, a 1,666 square feet hotel lounge, meeting rooms, café, pool, and gym, along with associated parking and landscaping (Phase I). Mr. Dorling
stated Phase II of that project included an office building. He stated Phase I is the hotel along Pineapple Grove Way and the associated parking and Phase II would be an office building
component. Mr. Dorling stated this was originally a retail space which was originally that 2,000 square foot retail space at the very northern end of the hotel that is now before the
Commission. Mr. Dorling stated it is slightly reduced in size and now there is a request to put in a stand-alone bar in that facility. Mr. Dorling stated the LDRs require the measurement
between bars to be from property line to property line in a straight line and the nearest legally established bar is Pineapple Groove. Mr. Dorling stated this facility is under construction
and will not be completed until September 2012 so there is a request that the timeline be extended to sixty (60) days after the COA (Certificate of Occupancy) is issued for the hotel
(approximately December 2012). Mike Covelli, representing the applicant, stated the intent of the 750 feet was to not have one bar after another bar lined up and Pineapple Groove is
on the other side of the railroad tracks. Mr. Covelli stated if this was a stand-alone facility and the hotel was not connected to it then it would meet the distance requirement. Mayor
McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public
who wished to address the Commission regarding the waiver requests, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Frankel stated he is not sure if Pineapple
Groove is still in business but he has no problem with it. Mrs. Gray stated she is more concerned about the Pineapple Groove and Bru’s Room being close together. Mr. Carney stated he
has no problem with it. Dr. Alperin inquired about the structure above the restaurant. Mr. Dorling stated that is part of the hotel and is a lounge and restaurant area. Mr. Covelli stated
there is no food service and it is a lounge or stand-alone bar. Dr. Alperin asked if this is going to be leased out. Mr. Covelli stated the intention at this point is they are going
to lease it out.
9 09/20/11 The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part
of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel – Yes;
Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 9.B. REQUEST FOR IN-LIEU PARKING AGREEMENT/PINEAPPLE GROVE INVESTMENT GROUP, LLC: Consider
a request from Pineapple Grove Investment Group, Inc. for the purchase of six (6) in-lieu parking spaces in the amount of $93,600 and a waiver to Land Development Regulations (LDR) Section
4.6.9(E)(3), “In-Lieu Fee”, to exceed the 30% limit of spaces that may be purchased through the In-Lieu of Parking program for converting the former Ace Pump location to restaurant use,
located at 9 N.E. 2nd Avenue. (Quasi-Judicial Hearing) Scott Aronson, Parking Management Specialist, stated Pineapple Grove Investment Group, Inc. is for a conversion of use of the former
Ace Pump property located at 9 N.E. 2nd Avenue. Mr. Aronson stated the 2,142 square foot building is proposed conversion of use to restaurant and is required to provide the difference
between one space per 300 and six spaces per 1,000 which is the restaurant parking and totals 5.71 spaces which rounds up to six (6). Mr. Aronson stated the subject property is located
in Area 2 of the in-lieu program yielding $15,600.00 per space for a total of $93,600.00. If approved, the applicant would like to pay via the In-Lieu of Parking Fee Payment Agreement
which requires 50% of the fee and two (2) 25% payments on the second and third anniversaries of the agreement. The In-Lieu of Parking Program is addressed in Chapter 12 of the Parking
Study and there were some modifications to that Code provision to remove the hardship requiring it to be impossible or inappropriate to allow new construction to participate in the program.
Staff has also added some measurable criteria for the approval which is that public parking to be available in the surrounding area. Mr. Aronson stated those changes have been enacted
and provide for a 30% cap on the number of spaces that could be purchased based on what the total requirement was. The in-lieu request also comes with a waiver to LDR Section 4.6.9(E)(3)
which caps the number of spaces at 30%. Mr. Aronson stated in order to approve the waiver the following findings must be met: (1) shall not adversely affect the neighboring area; (2)
shall not significantly diminish the provision of public facilities, (3) shall not create an unsafe situation; and, (4) does not result in a grant of a special privilege in that the
same waiver would be granted under similar circumstances on other property for another applicant or owner. Staff has a concern with this setting a precedent on a newly enacted Code and
the next request seeks a waiver to the Code provision. However, Mr. Aronson stated there are some challenges to the Code provision with the 30% and staff is reviewing that particular
policy. Mr. Aronson stated although it does not meet the 30% it does meet the new criteria of being close to available public parking it is one block away from the Old School Square
Garage to the north and 1½ blocks from the Federspiel Garage on S.E. 1st Avenue. Staff recommends approval but had a concern that
10 09/20/11 this not set a precedent. The Parking Management Advisory Board (PMAB) recommended approval of the applicant’s waiver, in-lieu payment fee requests, and stipulating approval
of the waiver not be viewed as a precedent. Mr. Aronson stated in the discussion with the City Attorney and the advice of the City Manager stating that they do not want it to set a precedent
but the City Attorney explained that it would have to under those similar circumstances and not just a request. Staff recommends approval and noted another consideration was the length
in time these negotiations where well in advance of crafting these ordinances that the applicant negotiated in good faith with the expectation he would be able to do his conversion.
Mr. Aronson stated the Parking Management Advisory Board (PMAB) recommended approval stipulating approval of the waiver not be viewed as a precedent; the Community Redevelopment Agency
(CRA) and the Downtown Development Authority (DDA) also recommended approval. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he had
no ex parte communications on this item. Mrs. Gray stated she had no ex parte communications to disclose. Mayor McDuffie stated he had communications with Mr. Cohen, Mr. Lynne, and Mr.
Weiner who were at the time concerned about being told that there was a moratorium on restaurant building in the City of Delray Beach when in fact they were in the process of buying
two parcels for that very purpose. Also, Mayor McDuffie stated this was discussed at the Workshop meeting and the applicant asked the question of what was going to happen and his recollection
was that the Commission said if we had work in the pipeline that it would not be subject to these terms. Mr. Carney stated he attended the Parking Management Advisory Board meeting where
this was discussed. Dr. Alperin stated he had no ex parte communications to disclose. Jeffrey Lynne, Attorney with Weiner and Lynne, P.A., 10 S.E. 1st Avenue, Delray Beach, FL 33444,
representing the applicant, stated the property from a property address standpoint as a structure is 9 N.E. 2nd Avenue but it is actually broken down into three bays (Bay 9, 11 & 15)
and from mailing standpoint Bay 9 was Rita’s; if you were to send a letter to 11 N.E. 2nd Avenue it would be delivered to Bay 11. Mr. Lynne stated the scope of this application only
concerns Bays 11-15 and has nothing to do with the former Rita’s. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request for the
in-lieu parking agreement, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the request for the in-lieu parking
agreement, the public hearing was closed. There was no cross-examination or rebuttal. Dr. Alperin stated the applicant is asking for parking that already exceeds the existing ordinances.
He stated he is not big on precedent setting decisions.
11 09/20/11 Mr. Carney concurred with comments expressed by Dr. Alperin but the reality is that they were in process when it failed the first time and it was resurrected. He stated this
issue with respect to the 30% essentially as it related to this particular property would have not allowed the property to be redeveloped. Brief discussion between the Commission and
staff followed. The City Manager stated the critical point is that this was in the works before the 30% limit was adopted. Mrs. Gray stated she supports this because the application
was already in and it appears that everyone that purchases in-lieu parking spaces always indicate that they are going to the garage and asked how we know when we have reached that capacity.
Mr. Aronson stated at the Old School Square Garage at the current utilization they would have a ways to go before they reach that capacity. He stated staff does have a record of all
of the in-lieu parking. Mr. Frankel stated not only is this in very close proximity to the two garages, there is the Bru’s Room parking lot and the parking lot across the street. He
stated this is the sister ordinance the Commission is dealing with in this issue as well as the next item for Ordinance No. 29-11 with the 30%. Mr. Frankel stated he was the only dissenting
vote of that ordinance and this is the reason why. In his opinion, Mr. Frankel stated that is going to be an issue not only this evening but for many times at future meetings because
that ordinance was passed. Mayor McDuffie stated the application was already in progress and supports this request. Dr. Alperin asked if everyone made their payments. Mr. Aronson stated
there was one but this has since been rectified and they have been put back on a payment schedule. Mr. Aronson stated this is only available to the owners of the property and not the
tenants. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of
the minutes). Mr. Carney moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote. 9.C. REQUEST FOR IN-LIEU PARKING AGREEMENT AND WAIVER/BEOJ, LLC.: Consider a request from
BEOJ, LLC. for the purchase of eight (8) in-lieu parking spaces in the amount of $124,800 and a waiver to Land Development Regulations (LDR) Section 4.6.9(E)(3), “In-Lieu Fee”, to exceed
the 30% limit of spaces
12 09/20/11 that may be purchased through the In-Lieu of Parking program for conversion of the former VFW (Veterans of Foreign Wars) building to restaurant use, located at 5 S.E. 2nd
Avenue. (Quasi-Judicial Hearing) Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke with Gary Rack, Mr. Cohen, Mr. Jeff Lynne
and Mr. Weiner. Mrs. Gray stated she spoke to Mr. Cohen and Mr. Weiner. Mayor McDuffie stated he had the same communications as he did on Item 9.B. Mr. Carney and Dr. Alperin stated
they had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated this item is an inlieu parking request to accommodate the conversion of the former
VFW (Veterans of Foreign Wars) building located at 5 S.E. 2nd Avenue. Mr. Aronson stated the VFW is in Class III Site Plan Modification for conversion use to restaurant. He stated they
need to provide the difference between restaurant parking which is 6 spaces per 1,000 and 1 space per 300 square feet. The subject property is located in Area 2 of the in-lieu program
yielding $15,600.00 per space totaling $124,800.00. If approved, the applicant would like to pay via the In-Lieu of Parking Fee Payment Agreement which requires payment of 50% of the
fee ($62,400.00), upon signing and returning the agreement prior to issuance of a building permit, and two 25% payments ($31,200.00) on the second and third anniversaries of the agreement.
Mr. Aronson stated the same issues that were faced with the Parking Management Advisory Board (Item 9.B.) about staff’s concerns regarding setting a precedent. Staff recommends approval.
Jeffrey Lynne, Attorney with Weiner and Lynne, P.A., 10 S.E. 1st Avenue, Delray Beach, FL 33444, stated this is the same situation regarding the 30% rule. Mayor McDuffie stated if anyone
from the public would like to speak in favor or in opposition of the request for the in-lieu parking agreement, to please come forward at this time. There being no one from the public
who wished to address the Commission regarding the in-lieu parking agreement, the public hearing was closed. Mr. Carney concurs with Mr. Frankel because they did not focus at the time
on the 30% as it would relate to all these things and suggested that this be readdressed as it relates to certain existing properties. Mrs. Gray stated we are still waiting for the incentives
for the retail. Mayor McDuffie stated he supports this. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached
hereto is a copy and made an official part of the minutes).
13 09/20/11 Dr. Alperin moved to adopt the Board Order as presented, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr.
Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 9.D. DELRAY BEACH MARINA RATES: Consider approval of a proposed rate increase for the per foot
rate from $16.00 per month to $18.00 per month for the Delray Beach Marina. Linda Karch, Director of Parks and Recreation, stated on September 22, 2009, the City Commission approved
a rate reduction at the marina from $21.00 per foot per month to $16.00 per foot per month. At that time, the marina had 11 vacancies and due to the decrease in the rate per foot staff
realized full occupancy with very little turnover. In addition, Mrs. Karch stated the City has a waiting list of 43 people who pay application fees as well as an annual fee. Mrs. Karch
stated the marina has seen a few new amenities since the rate has been decreased. A new pump out system has been installed at each pier allowing boaters access to the system. She stated
owners will now be granted one parking space per slip on the east side of Marine Way and new lights have been installed at each pavilion offering additional security. Mrs. Karch stated
this increase from $16.00 per foot per month to $18.00 per foot per month is still reasonable for boaters and within the going area rate of other municipal marinas who allow live aboards.
Staff recommends approval of the rate increase. Dr. Alperin moved to approve the rate increase at the Municipal Marina, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 9.E. BID AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION,
INC.: Consider approval of a bid award to Randolph and Dewdney Construction, Inc. in the amount of $456,710.00 for renovations to the Pompey Park Concession Stand. Funding is available
from 334-4127-572-62.10 (General Construction Fund: Building). Mrs. Gray asked if the Commission will consider to table and ask the Community Redevelopment Agency (CRA) to participate
again in this project. The City Manager stated the CRA looked at this once before and declined to participate and feels it is worth asking them again. The City Manager stated if the
CRA could pay for Phase II then the City could do the entire project without affecting the City’s budget anymore. Prior to the vote, Mayor McDuffie asked if there are any issues with
the bids still being valid if the Commission waits until the next meeting. Mr. Carney suggested that as part of the motion that they put the timing of the bid in advance until such time
as it is reconsidered. The City Attorney stated
14 09/20/11 normally when the bid is sent out the City asks the bidders and they agree to hold the bid for sixty days (60) and he does not know where staff is in that process. Richard
Hasko, Director of Environmental Services, stated normally the City requires the bidders to hold their prices for sixty (60) days from the bid opening. Mr. Hasko stated he did get a
commitment from Randolph and Dewdney Construction, Inc. from the last meeting that they would hold their bid price. Diane Colonna, Executive Director of the Community Redevelopment Agency
(CRA), stated the Board discussed this at the last meeting and it was not so much an issue of available dollars but the Board felt the project was not consistent with the CRA’s mission
regarding economic development and were more interested in projects that would make things better for the kids. Mr. Carney moved to table Item 9.E., seconded by Mr. Frankel. Upon roll
call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. At this point,
the time being 7:00 p.m., the Commission moved to Item 10, Public Hearings. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 40-11 (FINAL MILLAGE LEVY): A resolution levying a tax on all properties
within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2012. The caption of Resolution No. 40-11 is as
follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND
TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 40-11
is on file in the City Clerk’s office.) The City Attorney stated the proposed millage rate for the City of Delray Beach for fiscal year 2012 is 7.19 which is 4.03% less than the rolled-back
millage rate (7.4922).
15 09/20/11 Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 40-11, the public hearing
was closed. Mr. Frankel stated in prior meetings the Commission discussed lowering the millage rate from last year’s rate of 7.19% to 7.15% and asked if that is still an option. The
City Manager stated at this stage this is not an option. Dr. Alperin moved to approve Resolution No. 40-11, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Dr.
Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 41-11 (MILLAGE LEVY/DDA): A resolution
levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2012. The caption of Resolution No. 41-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH,
FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 41-11 is on file in the City Clerk’s office.) The City Attorney
stated the proposed millage rate is 1.0000 mill for the DDA and is more than the rolled back rate (0.9860) by 1.42%. Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed. Mr. Carney moved to approve Resolution No. 41-11, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 42-11 (BUDGET
ADOPTION FOR FY 2012): A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2011 through September
30, 2012. The caption of Resolution No. 42-11 is as follows:
16 09/20/11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH
FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2011, TO THE 30th DAY OF SEPTEMBER, 2012; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND
THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official
copy of Resolution No. 42-11 is on file in the City Clerk’s office.) The City Manager stated there is a printout of the revised Exhibit “A” to the budget resolution. The highlighted
items were the items that were changed from what the Commission received last week. The changes incorporate the contract that the Police Benevolent Association (PBA) will be voting on
next Tuesday and Wednesday. Also, it incorporates funding for Item 9.K. and added back in approximately $10,000.00 to the lifeguard budget because the original proposed budget was to
not man Tower End II for three months during the year and this would allow for year round manning again. The City Manager stated the biggest item is the step increase for Police next
year will cost approximately $250,000.00. The City still has a reserve of $77,000.00 and anticipates receiving funding through the fire assessment fee of approximately $3.1-$3.2 million.
Mr. Frankel moved to approve Resolution No. 42-11, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr.
Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board’s finding that the
proposed Five Year Capital Improvement Plan for FY 2011-12 through FY 2015-16 and FY 2012 Capital Improvement Budget are consistent with the Comprehensive Plan. Paul Dorling, Director
of Planning and Zoning, stated the Planning and Zoning Board considered this at their meeting last night and recommended approval with a vote of 7 to 0. Mayor McDuffie declared the public
hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed.
17 09/20/11 Dr. Alperin stated on page 388 Policy (E)(3)(2) it mentions a sidewalk plan and he inquired if there is a Neighborhood Sidewalk Plan. Richard Hasko, Director of Environmental
Services, stated the City had a sidewalk survey done many years ago and that was intended to help the City review where some of the priorities were. Mr. Hasko stated the City does not
have an actual sidewalk plan. Dr. Alperin moved to approve the Five Year Capital Improvement Plan, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie
– Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. For the record, the City Manager stated with regard to the budget
the peak staffing was in 2007 and this year the City reduced another eight positions; six of those eliminated and two more are frozen. The City Manager stated in total the City has reduced
62 positions. 10.D. ORDINANCE NO. 29-11: Consider a city-initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, “Central Business (CBD) District”, Subsection (G),
“Supplemental District Regulations”, and Section 4.4.24, “Old School Square Historic Arts District (OSSHAD)”, Subsection (G), “Supplemental District Regulations”, to clarify the parking
requirements for restaurants. The caption of Ordinance No. 29-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, SUBSECTION (G), “SUPPLEMENTAL DISTRICT REGULATIONS”, SECTION 4.4.24, “OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)”, SUBSECTION (G), ‘SUPPLEMENTAL DISTRICT REGULATIONS”, TO CLARIFY THE PARKING REQUIREMENTS FOR RESTAURANTS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-11 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.
18 09/20/11 Paul Dorling, AICP, Director of Planning and Zoning, stated this is the second reading of a city-initiated amendment to the LDRs that will increase the parking requirement
for restaurant uses along Atlantic Avenue from Swinton Avenue to N.E./S.E. 5th Avenue between the east and west alleys located immediately north and south of Atlantic Avenue. Mr. Dorling
stated this would increase the parking requirements from 6 spaces to 12 spaces per 1,000 square feet for restaurants to be equal to parking requirements city-wide outside the CBD (Central
Business District). Mr. Dorling stated the City Commission asked staff to provide additional information on this. He stated staff did research all the city zoning codes and from 1959-1972
the City required parking on a number of seats which was approximately 10 per 1,000; 10 per 1,000 + 1 per 3 employees and from 1972-1973 it went to 12 spaces per 1,000. The CBD area
was created in 1973 and that initial designation was 10 spaces per 1,000 while the balance of the City remained at 12 spaces per 1,000; from 1976-1980 the City went to 1 for each 300
square feet; from 1980-1984; from 1984-1993 it went to 1 per 300; 1993-2001 the City went to 1 per 300 in the small area that was the original DDA area; then the City went to 6 per 1,000
and then from 2001-2011 the entire CBD was 6 per 1,000. Mr. Dorling stated there was some consideration as to whether the current rate of 12 per 1,000 citywide was reasonable. Staff
did some calculations with respect to 1,000 square foot restaurant space requiring 12 spaces and that could accommodate approximately 40 seats if you put two persons per vehicle that
would equate to a demand of 20 spaces for 1,000 square feet. He stated that does not address parking for employees. Staff looked at different Planning organizations and what their suggested
rates were. Staff also looked at other municipalities and they ranged from 16 per 1,000 to a low of 1 per 1,000 in a downtown core area in West Palm Beach. Also, it is important to note
that unlike other municipalities the City does not assess parking for sidewalk cafes. Mr. Dorling stated there has been reference to the Cluster 4 Study and the Study completed in 2005
identified some policies and recommendations going forward and encouraged retail uses be added and that be done by not encouraging new restaurants. Mr. Dorling stated this modification
in no way prohibits the conversion of spaces to restaurants but makes it more attractive in other areas of the CBD (Central Business District). Staff recommends approval. Mayor McDuffie
declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 29-11, the public hearing was closed. Mr. Frankel stated
this ordinance will have a major impact on Atlantic Avenue and feels we need to create incentives for retail businesses. He stated restaurants are major businesses for Atlantic Avenue
and they create a number of jobs. In his opinion, Mr. Frankel stated passing this ordinance is going to cause major vacancies on Atlantic Avenue and he does not support this ordinance.
Mrs. Gray stated she is going to support staff’s recommendation because she believes the ordinance was written at a time when we needed to attract more businesses and she feels that
Cluster 4 has done that. Mrs. Gray stated she hopes that there will soon be incentives in place.
19 09/20/11 Mr. Carney stated he supports staff’s recommendation because the actual use versus the perceived use of the tables and people occupying restaurants people do not go in carpools
to restaurants and typically a table of four has two cars. Therefore, Mr. Carney stated when you add up the number of people going to a restaurant and the number of car spaces used to
occupy those four seats you are really talking two cars per a table of four. Mr. Carney stated there is no accounting for the sidewalk cafes and 10-15% of some of these restaurant tables
are allocated to the sidewalk cafes to which there has been no parking calculations imposed in the establishment of that outdoor seating and although they pay a fee for it that is not
anywhere near sufficient to address the parking ramifications are to the outdoor seating. Mr. Carney stated the CRA, WARC, DDA, and P&Z all support this. He stated by bringing it equal
to where it is everybody else in the city then this is fair because all the city is doing is creating an incentive for downtown and almost creating a disincentive for any other place
in the city. Lastly, Mr. Carney stated the current restaurants are there and have their parking and are not impacted so if they are boarded up it is because they are failing as restaurants
not because of this ordinance. Mr. Carney stated at worst it will slow down the conversion of retail to restaurants and at best will encourage development of restaurants in areas outside
of here. Dr. Alperin stated when strolling downtown through all the tables on the sidewalk that part is not the most pleasant; however, the part that is pleasant about the downtown is
the retail and the galleries and he does not feel the City can lose any more of that. He stated the biggest incentive for retail is to make it a little more difficult to convert it so
the rents will stay down or if there is enough vacancy the rents will actually go down for retail space. Dr. Alperin stated this ordinance does not prohibit conversion but it just makes
it more incentivized to stay as retail. Dr. Alperin stated he supports the ordinance. Mayor McDuffie stated he supports an incentive for restaurants to go up Pineapple Grove and other
places like that. Mayor McDuffie inquired about a total inventory of how many parking spaces we have available. The City Manager stated the Parking Management Study has a thorough inventory
in it. Mr. Dorling stated Mr. Aronson had made reference earlier regarding the number of in-lieu spaces that have been approved and staff has a very detailed list of the total inventory
of parking spaces as well as the utilization of each and every one of those lots. Mr. Carney moved to adopt Ordinance No. 29-11 on Second and FINAL Reading, seconded by Dr. Alperin.
Upon roll call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – No; Mrs. Gray – Yes; Mayor McDuffie – No. Said motion passed with a 3 to 2 vote, Commissioner
Frankel and Mayor McDuffie dissenting. 10.E. ORDINANCE NO. 27-11: Consider amendments to the Community Redevelopment Agency (CRA) Plan. The caption of Ordinance No. 27-11 is as follows:
20 09/20/11 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 STATUTE 163.360; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-11
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. Paul Dorling, Director of Planning and Zoning, stated this is consideration of a CRA initiated amendment to their
Community Redevelopment Plan and the findings that the modifications conform to the Community Redevelopment Act of 1969, that are also consistent with the City of Delray Beach’s Comprehensive
Plan and further findings pursuant to applicable requirements of Florida Statute 163.360. The Plan establishes projects and programs that will be undertaken by the CRA in the coming
years. Mr. Dorling stated the first CRA Plan was adopted in 1986 and the last amendment was adopted in 2009. He stated if the amendment is adopted tonight this latest amended plan will
supersede the current plan in its entirety. Mr. Dorling stated it contains updated information on current plans, projects, and program descriptions and the addition of two new projects
as well as updates to maps. At its meeting of July 6, 2011, the Pineapple Grove Main Street Executive Board reviewed the amendments and recommended approval; at its meeting of July 11,
2011, the Downtown Development Authority (DDA) reviewed and recommended approval but requested more emphasis on the timely implementation of parking improvements and business facility
upgrades in the Osceola Park area; at its meeting of July 12, 2011, the West Atlantic Avenue Redevelopment Coalition (WARC) considered this and recommended approval but recommended the
addition of a new “economic diversity statement” to the program objectives of several sections, in order to promote CRA contracts with more minority-owned businesses located within the
CRA District; at its meeting of August 15, 2011, the Planning and Zoning Board reviewed the amendments and recommended approval.
21 09/20/11 Mayor McDuffie declared the public hearing open. Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA), stated she is present for any questions the
Commission may have. There being no one from the public who wished to address the Commission regarding Ordinance No. 27-11, the public hearing was closed. Mr. Frankel moved to adopt
Ordinance No. 27-11 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor
McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 28-11: Consider an ordinance which provides definitions for fraud, waste, abuse, misconduct
and mismanagement related to the Palm Beach County Inspector General. The caption of Ordinance No. 28-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING CHAPTER 10, “GENERAL PROVISIONS”. BY AMENDING SECTION 10.05, “DEFINITIONS”, BY ADOPTING A PREAMBLE ALONG WITH FIVE (5) NEW DEFINITIONS WHICH SHALL BE INCLUDED AMONG
THE EXISTING DEFINITIONS IN ALPHABETICAL ORDER; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-11 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 McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding
Ordinance No. 28-11, the public hearing was closed. Mr. Carney inquired if there were any changes from the previous version. The City Attorney stated that there are no changes from the
previous version. Mr. Carney moved to adopt Ordinance No. 28-11 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
22 09/20/11 Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 30-11: Consider an ordinance
amending Chapter 96, “Fire Safety and Emergency Services”, of the Code of Ordinances, by amending Section 96.16, “Certain Codes Adopted by Reference”, to promote clarity, conciseness,
and a common sense methodology. The caption of Ordinance No. 30-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, “FIRE
SAFETY AND EMERGENCY SERVICES”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 96.16, “CERTAIN CODES ADOPTED BY REFERENCE”, TO CLARIFY THE REQUIREMENTS
FOR RECONSTRUCTION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-11 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 McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 30-11, the
public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 30-11 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray
– Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 31-11: Consider an amendment to Chapter
35, “Employee Policies and Benefits”, Section 35.089, “Definitions”, to revise the definition of “Normal Retirement Date”. The caption of Ordinance No. 31-11 is as follows: AN ORDINANCE
OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, “EMPLOYEE POLICIES
23 09/20/11 AND BENEFITS”, SECTION, 35.089, “DEFINITIONS", TO REVISE THE DEFINITION OF “NORMAL RETIREMENT DATE”; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE. (The official copy of Ordinance No. 31-11 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. The City Attorney stated the reason for this ordinance is if a City
employee who is partially vested and they left employment and they came back after October 2010 when the new requirements for a pension plan went into effect, they would be governed
under the new requirements for their pension after that date. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission
regarding Ordinance No. 31-11, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 31-11 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission
voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 10.I. ORDINANCE NO. 26-11: Consider
a city-initiated amendment to the Land Development Regulations (LDR) to amend Article 2.2, “Establishment of Boards Having Responsibilities for Land Development Regulations”, and to
amend Section 4.4.6, “Medium Density Residential (RM)”, to provide for housekeeping corrections to outdated references. The caption of Ordinance No. 26-11 is as follows: AN ORDINANCE
OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTIONS 2.2.1, “GENERAL PROVISIONS”,
2.2.2, “THE PLANNING AND ZONING BOARD”, SUBSECTIONS (A), “CREATION” AND (E), “DUTIES, POWERS, AND RESPONSIBILITIES”; 2.2.3, “THE SITE PLAN REVIEW AND APPEARANCE BOARD”, SUBSECTION (D),
“DUTIES, POWERS, AND RESPONSIBILITIES”; 2.2.4, “THE BOARD OF ADJUSTMENT”, SUBSECTION (A), “CREATION”;
24 09/20/11 AND 4.4.6, “MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT”, SUBSECTION (H), “SPECIAL REGULATIONS”, TO CORRECT OUTDATED REFERENCES THEREIN; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-11 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. Paul Dorling, AICP, Director
of Planning and Zoning, stated this is a cityinitiated amendment to the Land Development Regulations to provide for housekeeping corrections to outdated references. Mr. Dorling stated
it modifies the general provision sections, Section 2.2.2. “The Planning and Zoning Board”, Section 2.2.3 “The Site Plan Review and Appearance Board”, “The Board of Adjustment”; and,
Section 4.4.6 Medium Density Residential (RM) District”. At its meeting of August 15, 2011, the Planning and Zoning Board recommended approval with a 6 to 0 vote (Connor Lynch absent).
Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 26-11, the public hearing was closed.
Dr. Alperin moved to adopt Ordinance No. 26-11 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – Yes;
Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 10.J. ORDINANCE NO. 33-11: Consider an amendment Amending Chapter 91, “Animals”, Section
91.03, “Trapping, Hunting Birds”; Chapter 95, “Emergency Management”, Section 95.05, “Declaration of a State Of Emergency”, and Section 95.09, “Police Emergencies”; Chapter 96, “Fire
Safety and Emergency Services”, Section 96.25, “Discharge Or Use of Fireworks, Pyrotechnic Devices and Special Effects”; Chapter 101, “Parks, Beaches and Recreation”, Section 101.20,
“Firearms and Weapons; Fireworks”, Section 101.36, “Additional Rules Applying to Parks, Recreational Facilities and the Municipal Beach”, Subsection 101.36(D), “Safety Hazards”, and
Subsection 101.36(E), “Nuisances at Parks, Recreational Facilities and Municipal Beach Sites”; and Chapter 132, “Offenses Against Public Peace and Safety”, by repealing Section 132.02,
“Disturbing the Peace; Public Places”, of the Code Of Ordinances, to conform with regulations set forth in House Bill 45 amending Section 790.33, Florida Statutes and to otherwise comply
with State and Federal Statute.
25 09/20/11 The caption of Ordinance No. 33-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 91, “ANIMALS”, SECTION 91.03,
“TRAPPING, HUNTING BIRDS”; CHAPTER 95, “EMERGENCY MANAGEMENT”, SECTION 95.05, “DECLARATION OF A STATE OF EMERGENCY”, AND SECTION 95.09, “POLICE EMERGENCIES”; CHAPTER 96, “FIRE SAFETY
AND EMERGENCY SERVICES”, SECTION 96.25, “DISCHARGE OR USE OF FIREWORKS, PYROTECHNIC DEVICES AND SPECIAL EFFECTS”; CHAPTER 101, “PARKS, BEACHES AND RECREATION”, SECTION 101.20, “FIREARMS
AND WEAPONS; FIREWORKS”, SECTION 101.36, “ADDITIONAL RULES APPLYING TO PARKS, RECREATIONAL FACILITIES AND THE MUNICIPAL BEACH”, SUBSECTION 101.36(D), “SAFETY HAZARDS”, AND SUBSECTION
101.36(E), “NUISANCES AT PARKS, RECREATIONAL FACILITIES AND MUNICIPAL BEACH SITES”; AND CHAPTER 132, “OFFENSES AGAINST PUBLIC PEACE AND SAFETY”, BY REPEALING SECTION 132.02, “DISTURBING
THE PEACE; PUBLIC PLACES”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO CONFORM WITH REGULATIONS SET FORTH IN HOUSE BILL 45 AMENDING SECTION 790.33, FLORIDA STATUTES AND
TO OTHERWISE COMPLY WITH STATE AND FEDERAL STATUTES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-11 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 McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission
regarding Ordinance No. 33-11, the public hearing was closed. Mr. Frankel asked if this has to do with the Statute about bringing guns into public places. The City Attorney stated if
we an ordinance dealing with guns period
26 09/20/11 we cannot do that. The City Attorney stated it is his understanding that Statute has been on the books for a while; however, nobody enforced it until they amended the Statute
to provide that if municipalities have something like that on the books and if it is enforced or used in some manner then that can result in penalties of up to $5,000.00 and removal
from Office which would directly affect the City Commission. Mr. Carney asked if the League of Cities is trying to do anything with this and stated this infringes on the rights of municipalities
to govern the activities of their own residents and people visiting their city. Mayor McDuffie stated you can carry a concealed weapon in a public place if you have a concealed weapon
permit. Mayor McDuffie stated according to State law now someone can walk out the front door of their private property and discharge a firearm. The City Manager stated this was discussed
at the League of Cities Urban Administration Committee Meeting that he attended last Friday and it was dependent on the League that given the current composition of the legislature that
amending it this year is impossible. Dr. Alperin moved to adopt Ordinance No. 33-11, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel
– Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:04 p.m., the Commission moved to Item 11.B., Comments
and Inquiries on Non-Agenda Items from the Public. 11.B. From the Public. 11.B.1. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445, thanked the City Manager for his letter
addressing her concerns from the last meeting. 11.B.2. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra
Verde at Delray Beach), stated we now have an Inspector General and Ethics Committee and this shows that the State, the County, and the residents are interested in transparency and guarding
against the imagery of improprieties. Dr. Kirson asked why the Delray Beach City Commission still has meetings in small meeting rooms without internet coverage disallowing those who
would like to see reports like were given last week. Dr. Kirson requested that all meetings be held in the City Commission Chambers. 11.B.3. Rose Hendrix, P.O. Box 6162, Delray Beach,
FL 33482, stated Out of School Coordinator Tonya Smith has falsified a Police Report on her. Ms. Hendrix stated she has contacted the City Manager, Mayor McDuffie, and has also sent
emails. Ms. Hendrix stated her children have attended the After School Program for several years and
27 09/20/11 Tonya Smith objects to her writing reports to the City Manager and speaking to the City Commission and has started a vendetta against her. Ms. Hendrix stated Ms. Smith has
asked her to write a malicious letter against Parks Superintendent Tim Simmons and she refused. Ms. Hendrix stated she has contacted the Ethics Department, the Palm Beach Department
of Professional Regulations, and Florida State Representatives Maria Sachs and Lori Berman’s office. She urged the City Commission and the City officials to get involved and asked for
a response to this issue. At this point, the time being 7:59 p.m., the Commission moved to Item 11.A., City Manager’s response to prior public comments and inquiries. 11.A. City Manager’s
response to prior public comments and inquiries. With regard to a concern Dr. Kirson had raised a concern about the seaweed on the beach particularly over the Labor Day weekend and about
the frequency with which the beach is cleaned, the City Manager stated when the contract for beach cleaning was renewed in 2006 the number of days for raking sea grass was increased
from once a week to three times a week. The City Manager stated there has been a deluge of seaweed washing onto the coast and the lifeguards supervise the cleaning of the beach to be
sure that the three times a week is fulfilled but it may only diminish the seaweed to the extent that it can appear almost imperceptible when certain conditions coincide. He stated with
the combined factors of seaweed flourishing right now at an inexplicable rate, consistent east winds pushing it toward our shore and two high tides seaweed can be replaced more quickly
than it can be removed on certain days or weeks. The City Manager stated while the City removes what it can the presence of some seaweed is actually advantageous and important to the
beach eco system. One important role it plays is providing critical habitat for juvenile sea turtles and hatchlings; it provides many hatchlings with a source of food and shelter from
predators. He stated when injured hatchlings are rehabilitated and re-released into the ocean they are often transported for several miles until a large section of seaweed is found because
the presence of the seaweed increases the chances of survival. The timing of this influx of seaweed is actually fortuitous for the sea turtle hatchlings. While the seaweed may be an
obstacle to some, it is a lifesaver to others. Secondly, the City Manager stated Mr. McCall was concerned about the difference in time limits for the downtown parking in different areas.
The City Manager stated time limited parking is the primary tool in managing the City’s parking system in terms of encouraging more frequent turnover in strategic areas for the benefit
of local businesses in allowing longer term parking in lots where turnover is less critical for merchants. The City Manager stated in the downtown business district west of the Intracoastal
Waterway there is no metered parking so time limiting on various on street areas and lots is the only method available to the City for managing the system. Time limits for all parking
areas will be revisited as the Parking Management Plan recommendations are implemented. He stated Mrs. Odom had already referred to a situation that she brought up at the last meeting
that two hour limits for parking meters on A-1-A apply only to angled parking to encourage frequent turnover for the benefit of the
28 09/20/11 merchants across from the beach where the angled parking is. All other metered spaces on A-1-A have a four hour time limit. Also, the City Manager stated there was a question
raised about the value of the Police Volunteer Program. The City considers this program one of the most organized accountable and cost effective programs attached to the Police Department.
The total requested budget for the Police Volunteer Program for 2012 is $105,530.00. This estimate includes the cost for operating expenses such as uniforms, equipment and training,
cost of vehicle leases, maintenance, fuel and events such as the Senior Academy and Haitian Citizen Police Academy. During fiscal year 2010, Police volunteers completed 31,928 hours
of service and if these hours were compensated by the City the volunteer hours would correspond to a monetary value of $576,000.00 when calculated at the average C.S.O. hourly rate of
$18.05 per hour. The Police Volunteer Program provides additional revenue through parking enforcement. This year to date the total revenue generated through the collection of parking
fines is $316,000.00. Police volunteers play an instrumental role in crime prevention and enforcement. They conduct patrols of the downtown parking garages and surface lots both day
and night. He stated utilizing the crime analysis, volunteer groups focus on high visibility patrols and target crime locations. Periodically volunteers provide assistance with community
policing initiatives by acting as liaisons with citizen groups. Police volunteers are available during special events to assist with traffic control and provide support as needed. The
City Manager stated there was a suggestion made that the Police volunteers were not needed downtown because nothing is happening. He stated one of the big problems that West Palm got
into is they had a series of high profile well publicized criminal incidents and it is extremely important for the City to keep downtown safe and prevent those kinds of incidences from
happening and one of things that does that is by having the volunteers there as well as the uniformed officers. Lastly, the City Manager stated in response to Ms. Hendrix’s comments
that she has been told by several staff members that this is a private dispute between her and the employee and it is not employment related and she needs to take care of it through
the legal system. At this point, the time being 8:06 p.m., the Commission moved back to Item 9.F. of the Regular Agenda. 9.F. CONSULTING SERVICE AUTHORIZATIONS/PALM BEACH COUNTY PUBLIC
ART ADMINISTRATION/PUBLIC ART CONSULTING SERVICE: Consider Consulting Service Authorizations with Elayna Toby Singer, Palm Beach County Public Art Administrator to provide administrative
support for several public art projects throughout the City. Funding is available from 115-1702-579-31.90 (Special Projects Fund: Professional Services/Other Professional Services).
9.F.1. SERVICE AUTHORIZATION NO. 2/DEBILZAN PUBLIC ART LOAN TO THE CITY OF DELRAY BEACH: Consider Service Authorization No. 2 with Elayna Toby Singer, Palm Beach County Public Art Administrator,
to facilitate
29 09/20/11 artist, City Staff and PAAB in art design/material approval, fabrication, installation of artwork located at Worthing Park. Linda Karch, Director of Parks and Recreation,
stated the Public Art Advisory Board is requesting Commission approval and authorization for the Mayor to execute consulting Service Authorization Nos. 2-5 between Palm Beach County,
Elayna Toby Singer, Public Art Administrator and the City of Delray Beach for administrative support. Mrs. Karch stated there are four separate agreements; the first is an agreement
for Public Art Consulting between the City of Delray Beach and Palm Beach County and that Service Agreement was approved February 15, 2011. This agreement specifies that the services
performed by the County shall be authorized by a Service Authorization. She stated each service authorization shall be incorporated in and shall become an integral part of the contract
dated February 15, 2011. The Public Art Advisory Board recommends approval of the Consulting Service Authorizations; however, staff recommendations on the four service authorizations
are included in the individual sub item that follows each agenda item. Mrs. Karch stated Service Authorization No. 2 for Debilzan Public Art Loan to the City of Delray Beach would authorize
the Public Art Administrator to facilitate the artist, city staff, and the design and art material fabrication and installation of artwork located in Worthing Park. Staff recommends
that this Service Authorization be rejected because the artist is loaning the sculpture and the City already has a design team for the park design. Staff feels that the artist and park
design team should be able to finalize the installation without the consultant services on this project. Mayor McDuffie asked if the City is paying the $65.00 per hour to Palm Beach
County and not to the consultant. The City Attorney stated the money goes to Palm Beach County and noted the consultant works for Palm Beach County. Albert Gaum-Rickard, Project Coordinator/Parks
& Recreation, stated the first agreement between the Public Art Board and Palm Beach County was February 15, 2011 and it said that we would have a Public Art Administrator for the City
of Delray Beach and that we would pay the $65.00 per hour to Palm Beach County for that service. Mayor McDuffie inquired about Service Authorization No. 1 on May 17, 2011. Ms. Gaum-Rickard
stated there are five Service Authorizations and Service Authorization No. 1 was for the Public Art Master Plan and it all comes under the one agreement with Palm Beach County. The City
Attorney stated Item 9.F. is like the global agreement and sets forth all of the basic understanding between the City and the County and what that agreement provides for is that if we
want to have Ms. Singer do certain things then this is done through a Service Authorization. Mr. Carney asked if Elayna Toby Singer is an employee of the County then why is the City
being billed for services. Dana Donaty, Chair of the Public Art Advisory Board stated these are public art projects for the City of Delray Beach not for
30 09/20/11 the County. Brief discussion between the Commission and Ms. Donaty followed. Ms. Gaum-Rickard stated Service Authorization No. 3 (Amendment No. 1)/Update Public Art Master
Plan is with Elayna Toby Singer, Palm Beach County Public Art Administrator to address Public Art priorities, assess policies and procedures, to facilitate meetings between staff liaison/Public
Art Advisory Board and City staff involved in Public Art Projects with CRA staff and the Creative City Collaborative (CCC) so that public art is being distributed correctly. The City
Attorney stated all the City is doing is changing the scope of work on Service Authorization No. 1 and no more money is being added to it. Dr. Alperin moved to approve Service Authorization
No. 2/Debilzan Public Art Loan to the City of Delray Beach, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel – No; Mrs. Gray – No; Mayor McDuffie
– No; Mr. Carney – No; Dr. Alperin – No. Said motion to approve was DENIED with a 5 to 0 vote. 9.F.2. SERVICE AUTHORIZATION NO. 3 (AMENDMENT NO. 1)/UPDATE PUBLIC ART MASTER PLAN: Consider
Service Authorization No. 3 (Amendment No. 1) with Elayna Toby Singer, Palm Beach County Public Art Administrator to address Public Art priorities, assess policies and procedures, to
facilitate meetings between Staff Liaison/Public Art Advisory Board and City Staff involved in Public Art Projects/CRA staff/Creative City Collaborative, and to provide a Summary Report.
Dr. Alperin moved to approve Service Authorization No. 3 (Amendment No. 1)/Update Public Art Master Plan, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote. 9.F.3. SERVICE AUTHORIZATION NO. 4 /BOY SCOUT SCULPTURE:
Consider Service Authorization No. 4 with Elayna Toby Singer, Palm Beach County Public Art Administrator to facilitate Artist, City Staff and PAAB in art design/material approval of
base, foundation and installation of donated sculpture. Dr. Alperin moved to approve Service Authorization No. 4/Boy Scout sculpture, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mrs. Gray – Yes; Mayor McDuffie – No; Mr. Carney – No; Dr. Alperin – No; Mr. Frankel – No. Said motion to approve was DENIED with a 4 to 1 vote, Mrs. Gray dissenting.
31 09/20/11 9.F.4. SERVICE AUTHORIZATION NO. 5/BUS SHELTER CENTENNIAL ART CONTEST: Consider Service Authorization No. 5 with Elayna Toby Singer, Palm Beach County Public Art Administrator
to coordinate with local schools for contestants, facilitate Artist, City Staff and PAAB in art design/material approval, fabrication, and installation of bus shelter artwork. Dr. Alperin
moved to approve Service Authorization No. 5/Bus Shelter Centennial Art Contest, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – No; Mr. Carney
– No; Dr. Alperin – No; Mr. Frankel – No; Mrs. Gray – No. Said motion to approve was DENIED with a 5 to 0 vote. 9.G. BID AWARD/SPORTS TURF ONE, INC.: Consider approval of a bid award
in the amount of $77,148.00 to Sports Turf One, Inc., the third lowest responsive bidder, for annual maintenance at Seacrest Soccer Complex and Hilltopper Stadium. Funding is available
from 001-4131-572-34.90 (General Fund: Other Contractual Service). Linda Karch, Director of Parks and Recreation, stated this item is for the Commission to consider awarding a bid to
Sports Turf One, Inc. in the amount of $77,148.00 for the annual maintenance of the Seacrest Soccer Complex and Hilltopper Stadium. Tim Simmons, Parks Superintendent, recommends awarding
the bid to the third lowest bidder Sports Turf One, Inc. in the amount of $77,148.00. Mrs. Karch stated the three other bidders do not have the required amount of experience as listed
in the bid specification. The lowest bidder, Phoenix Landscape Maintenance list 3 ½ years of sports turf experience which is actually Bermuda 419 turf on an airfield. The second lowest
bidder is Elan Lawn and Landscape Services. Mrs. Karch stated Mr. Simmons contacted many of their references and they all stated that Elan worked for them but also stated that they had
not done any sport maintenance turf for them. The fourth bidder, Lawn Wizard USA, Inc. does not have the five year minimum experience that the City requires for this bid. Mrs. Karch
stated staff recommends awarding the bid to Sports Turf One, Inc. who currently works for the City and has done these duties in the past. Dr. Alperin moved to approve a bid award to
Sports Turf One, Inc. (third lowest responsive bidder), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes;
Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code of Enforcement
Board to serve an unexpired term ending January 14, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). Mr. Carney moved to appoint Stanley
Scharf as an alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2013, seconded by Dr. Alperin. Upon roll call the Commission voted as follows:
Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote.
32 09/20/11 9.I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) regular member to the Board of Adjustment to serve an unexpired term ending August 31, 2012. Based upon the rotation
system, the appointment will be made by Commissioner Carney (Seat #1). Mr. Carney moved to reappoint Dale Miller as a regular member to the Board of Adjustment to serve an unexpired
term ending August 31, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr.
Alperin – Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board to serve an unexpired
term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Walter Earley as a regular
member to the Police Advisory Board to serve an unexpired term ending July 31, 2012. Mr. Frankel so moved, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs.
Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 9.K. PARTICIPATION AGREEMENT/TODAY IN AMERICA: Consider
approval of a Participation Agreement with Today In America, in the amount of $19,800.00 for production and national airing of a five minute segment highlighting Delray Beach. Funding
is available in the FY 2012 budget from 001-6311-559-82.01 (General Fund: Aid to Private Organizations/Economic Development Support). (ADDENDUM) The City Manager stated staff has checked
references with two other communities and they are very pleased with the result they got and are using it for economic development purposes. He stated staff believes this is worth doing
and that having this will be an important economic development tool for the City of Delray Beach. The City Manager stated North Port is buying 1,000 DVD’s of theirs so they can give
them out to potential people who may be interested in the City. The City Manager stated he recommends the Commission approve the request subject to the City being able to negotiate a
suitable contract addressing the City Attorney’s concerns. Mayor McDuffie stated the contract provides that the segment will air one time nationally on FOX Business Network, and 19 times
regionally on CNN Headline News through regional cable operators and/or Regional News Network in many of the top 100 markets nationwide based on viewer demographics, interests and the
distribution checklist. Mayor McDuffie stated Today in America approached the City and this is quite an honor.
33 09/20/11 Dr. Alperin stated this is an investment. Dr. Alperin asked if the City has the right to produce its own CD’s in the contract. The City Manager stated the City will own it.
The City Attorney stated this will be clarified in the contract. Mr. Frankel stated one of the of their issues similar with that is the airing of the USTA Junior Tournaments as well
as the ATP on the Tennis Network internationally when the City discusses the TV deals they may want to air a 30 second snip bit of footage taken. Mr. Frankel stated the commercial that
was broadcast this year was fabulous. The City Manager stated in speaking with these other communities they suggested getting a 30 second piece and a two minute piece because five minutes
is too long. Brief discussion by the Commission continued regarding releases of those that are photographed. Mr. Carney moved to approve the Participation Agreement with Today In America,
in the amount of $19,800.00, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs.
Gray – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:44 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 32-11:
An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, “Regular Charges Levied”, to provide for increased residential and commercial
collection service rates for FY 2012. If passed, a public hearing will be held on October 4, 2011. The caption of Ordinance No. 32-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED",
TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2012; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy
of Ordinance No. 32-11 is on file in the City Clerk’s office.)
34 09/20/11 The City Attorney read the caption of the ordinance. Lisa Hartman, Utility Billing Manager, stated this ordinance is to approve the garbage and trash changes in the rates.
The CPI has gone up 4.0% this year and the fuel surcharge has gone up an additional 4.0% which is resulting in an overall 7.7% increase in the rates. This rate increase is a function
of the Waste Management contract and these adjustments are built in and the City has to amend them every year based upon the CPI and the fuel. Mrs. Hartman stated the fuel adjustment
comes from the U.S. Department of Energy. Staff recommends approval. Mayor McDuffie commented about the restructuring of pick up sites. Mr. Frankel moved to approve Ordinance No. 32-11
on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes.
Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 34-11: Approve an increase of the parking meter fees from $1.25 to $1.50 per hour in all metered parking spaces, an increase
to the cost of the annual beach parking permit from $80.00 to $90.00 per year, and creation of a new permit classification of Senior Beach Parking Permit at a cost of $95.00 per year.
If passed, a public hearing will be held on October 4, 2011. The caption of Ordinance No. 34-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 71, “PARKING REGULATIONS” OF THE CODE OF ORDINANCES BY AMENDING SECTION 71.058, "COST OF PARKING OR STANDING VEHICLES IN CERTAIN METERED SPACES", TO PROVIDE FOR A PER
HOUR METER FEE TO BE CHARGED AND LISTING THE PARKING LOTS AFFECTED; AND BY AMENDING SECTION 71.060, “PARKING METER PERMITS”, TO ESTABLISH A SENIOR BEACH PERMIT PROGRAM AND COSTS; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-11 is on file in the City Clerk’s office.) The City Attorney read the caption
of the ordinance. Scott Aronson, Parking Management Specialist, stated the increase for the parking meter fees increased from $1.25 to $1.50 per hour. Mr. Aronson stated fees have
35 09/20/11 not been increased for three years and it is in line with neighboring municipalities up and down the coast. The beach parking permit is being increased from $80.00 to $90.00.
In addition to these increases, direction was provided to establish a new classification of Beach Permit for Senior Citizens which for an additional $5.00 would allow use of parallel
spaces on Ocean Boulevard (SR A1A), south of Mirimar Street and north of Atlantic Avenue available to persons age 62 and older at the time of purchase. Mr. Aronson stated the suggestion
of a Beach Permit for Senior Citizens was brought before the Parking Management Advisory Board as a suggestion from Mr. Fladell. Mr. Aronson stated the Beach Permit for Senior Citizens
does not allow the angled spaces which were the two-hour limit. Mr. Carney stated he opposes this ordinance as written because he does not like the hours of day of enforcing the parking
on East Atlantic Avenue east of the Intracoastal. He stated he cannot support this ordinance until there is some addressing of the hours of enforcement. Mr. Carney stated he supports
this as it relates to the beach, the permits, and as it relates to the parking lots; however, he does not support it as it relates to the parking on East Atlantic Avenue because it is
unfair to the businesses east of the Intracoastal to do anything which impairs people from coming to their businesses especially in the morning hours. Mr. Frankel moved to approve Ordinance
No. 34-11 on FIRST Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr.
Carney – No. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 35-11: Approve an ordinance amending Chapter 92, "Boats and Boating", by amending Section 92.15, "Docking License
for Excursion Boat Operations", Subsection (E), "Short-Term Agreement", to modify the permit fee; and by amending subsection (G), "Use of Docks at Veterans Park", to increase the mooring
time for excursion boats at Veterans Park. If passed, a public hearing will be held on October 4, 2011. The caption of Ordinance No. 35-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING SECTION 92.15, "DOCKING LICENSE FOR EXCURSION BOAT OPERATIONS", SUBSECTION (E) “SHORT-TERM
AGREEMENT”, TO MODIFY THE PERMIT FEE; AND BY AMENDING SUBSECTION (G) “USE OF DOCKS AT VETERANS PARK”, TO INCREASE THE MOORING TIME; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE
AND AN EFFECTIVE DATE.
36 09/20/11 (The official copy of Ordinance No. 35-11 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Linda Karch, Director of Parks and
Recreation, stated this ordinance amendment is before the Commission for approval to increase the permit fees from $250.00 to $300.00 per excursion and increase the operation hours from
9:00 a.m. – 10:00 p.m. to 8:00 a.m. – 11:00 p.m. The ordinance also increases the mooring time for excursion boats from thirty (30) to sixty (60) consecutive minutes. Mrs. Karch stated
this fee has not been increased in several years and is compatible with other municipalities. The change in time is at the request of the excursion boat operators. Dr. Alperin moved
to approve Ordinance No. 35-11 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr.
Carney – Yes; Dr. Alperin – 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 Commissioner Gray’s concern
about the internet cafés, the City Manager stated the City Attorney’s office has drafted a proposed ordinance. With regard to Commissioner Gray’s concern with the Community Redevelopment
Agency (CRA) and their efforts with regard to housing, the City Manager stated the CRA continues to have a focus and commitment to affordable housing. The CRA’s proposed funding of the
Community Land Trust (CLT) operation cost is $250,000.00 for the upcoming fiscal year. The City Manager stated they continue to maintain and make available affordable apartments that
are managed by our local housing providers. In addition, at its meeting of October 13th, the CRA Board will be considering the request from the Delray Beach Housing Authority for $2.7
million in support of an affordable senior housing project. The City Manager stated the City continues to work with the CRA on several housing initiatives and one of the things that
have affected the level of funding is the current housing market. Thus, the CRA has switched its effects to acquiring current units that are either deeded over or sold to the local housing
providers which increase the availability of housing units. The City Manager stated Mayor McDuffie commented about the waiting list for housing vouchers. The City Manager stated that
does not necessarily reflect the need in Delray Beach. He stated when those vouchers are advertised they get applicants from Miami to north of West Palm. The City Manager stated at the
Urban Administration Committee Meeting there was also some discussion about the red light cameras and there are currently 70 cities that have them. He stated one of the concerns the
Florida League of Cities has is
37 09/20/11 that Representative Corcoran who has introduced the Bill to outlaw the red light cameras is Speaker Designate for 2016. The City Manager stated they continue to monitor the
court system as the court cases go through the system and there have been some favorable decisions now out of Broward County but is far from settled. Therefore, the City Manager stated
they do not recommend taking any further action with those until that is resolved. The City Manager stated there was discussion about a requirement that kicks in October 2012 that all
police dispatches have to have 216 hours of training to be certified by the State and the Department of Health. The City Manager stated some of the smaller agencies use police officers
for dispatching and what they are asking is that there is an exception written into this law for certified police officers to be able to do dispatching. The City Manager stated cities
have been working for several years to try and get amendments to the law regarding public notices. He stated basically you have to publish everything in the newspaper and the wholesale
bills that have been introduced have not gotten anywhere. Therefore, the City Manager stated this year they are going to try to piecemeal it and deal with a couple things. He stated
they are talking about on proposed Comp Plan amendments and zoning that they would remove the maps because the maps you cannot really read; unless someone is extremely familiar with
the City they do not convey useful information. The City Manager stated anytime you try to change the publication requirement the newspapers lobby against it. The City Clerk stated the
City Clerk’s office has spent a little over $18,000.00 for this fiscal year. The City Manager stated we can post the property and send out mail notices but the City still has to advertise
in a newspaper. The City Manager stated with regard to Code Enforcement a lot of places have a requirement that when you notify people of a Code Enforcement violation under certain circumstances
where they could end up with a lien it has to be certified mail return receipt requested. He stated they are trying to get the return receipt repealed because if you have a certified
letter that is tracked through the postal system and you can verify the receipt of it through that tracking without getting an actual return card that would save a considerable amount
of money. The City Manager stated the next Committee Meeting is in October. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission
13.C.1. Mr. Frankel Mr. Frankel asked when the Commission will be discussing the fire fee. The City Manager stated they are hoping to discuss this at the October Workshop Meeting. Mr.
Frankel stated yesterday he was invited by the Delray Beach Police Department to speak to their Police Commanders and the subject was “The Future of Delray Beach”. He stated it was a
great experience and they gave him a tour of the Seacrest Training Facility. Mr. Frankel stated these tools are good for the Police
38 09/20/11 Department but other departments are coming in using this technology and noted there is an open invitation for the rest of the Commission and the Mayor. Mr. Frankel stated
yesterday he also attended the Annual Neighborhood Association Reception at the Arts Garage. He recognized Lula Butler, Nigel Roberts, Jennifer Costello, and Mayor McDuffie for putting
on a great program and stated it is great how that space is being utilized. 13.C.2. Mrs. Gray Mrs. Gray stated she attended the Palm Beach County League of Cities Education Committee
meeting today and noted they are looking for youth in the community to participate in their program. She stated they meet on the 2nd Wednesdays of every month from 4:00-5:00 p.m. 13.C.3.
Mr. Carney Mr. Carney suggested that we post the audio of the Workshop Meetings on the website. Secondly, Mr. Carney stated he understands the need for the revenues for the parking at
the beach, however, the City needs to address the hours of enforcement. Mr. Carney stated someone raised the issue that they had written to the Utility Billing Department to receive
their bill by email and they received them by email but they also get a duplicate in the mail. He stated if a customer can receive their bill via email then why is the bill also being
sent by regular mail. Lastly, Mr. Carney suggested that the City have an ordinance for seaweed. 13.C.4. Dr. Alperin Dr. Alperin stated several years ago he remembers people complaining
that they want to move the Workshop Meetings in the Commission Chambers versus the First Floor Conference Room. Also, Dr. Alperin stated several years ago there was discussion about
using the water bill as a way of sending out information to the citizens which is now the Neighborhood News. 13.C.5. Mayor McDuffie Mayor McDuffie stated he was supposed to go the The
Breakers and speak but got very ill the night before and did not make it. He stated in preparation he asked Rosanne DeChicchio, Administrative Assistant/Public Information Office to
obtain all of the vehicles of communication that we use and noted there are 48.
39 09/20/11 Secondly, Mayor McDuffie stated over the weekend he did a 5K Run for Sickle Cell Anemia. He stated he watched beach volleyball on Delray Beach and it was a great event. Mayor
McDuffie stated Naked Hair Salon had some hair cutting classes with Vidal Sassoon’s son. He commented that the Chamber of Commerce Luminary Gala was very nicely done. Mayor McDuffie
stated there was an event at Old School Square called Tom’s Shoes and this organization provides shoes for children in 28 developing countries. He stated they are going hold another
event in October and to buy a pair of shoes is approximately $58.00. Mayor McDuffie stated he met another gentleman a year ago at the Boca Raton Hotel and Club at the Chris Evert event
who is doing the same thing and brought it to their attention that if a child gets cut on the bottom of their foot in the United States they have medication or can go to the doctor;
however, in developing countries it is often times fatal. He stated he spoke to Abbey Delray this week discussing his role in the City. Mayor McDuffie stated they were wonderful to speak
to and wrote a complimentary letter to the City. Mayor McDuffie announced that tomorrow there is a Mayor’s Literacy Luncheon at the Ritz’s Carlton. Mayor McDuffie stated with regard
to the Metropolitan Planning Organization Meeting there was a lot of discussion on the utilization of the FEC tracks and putting commuter trains on the FEC. In addition, he stated there
is also a possible extension of 441 north. Mayor McDuffie urged the Commission to stay out of the Public Records Requests and let the City Clerk’s office respond. He stated we need to
get to the root of Chapter 119 and charge the City’s entire cost to these Public Records Requests. Mayor McDuffie stated he understands that the City charges for staff time but not for
computer time. He stated the County charges 22 cents a second for computer time and will forward his model to the City Manager. Lastly, Mayor McDuffie stated the County is going to have
a Countywide Lobbyist Registration System that will be online. There being no further business, Mayor McDuffie declared the meeting adjourned at 9:20 p.m.
40 09/20/11 __________________________________________ City Clerk ATTEST: ____________________________________ M A Y O R The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 20, 2011, which Minutes were formally approved and adopted by the
City Commission on ________________________. __________________________________________ City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
City Commission Meeting from September 20, 2011; Item 9.A.
City Commission Meeting from September 20, 2011; Item 9.A.
City Commission Meeting from September 20, 2011; Item 9.B.
City Commission Meeting from September 20, 2011; Item 9.B.
City Commission Meeting from September 20, 2011; Item 9.B.
City Commission Meeting from September 20, 2011; Item 9.C.
City Commission Meeting from September 20, 2011; Item 9.C.
City Commission Meeting from September 20, 2011; Item 9.C.
WHEREAS, Bishop Leonard Nathan Quince, Jr. was born to the late Bishop Leonard Nathan Quince, Sr. and the late Ida Lee Smith-Quince in Quitman, Georgia on September 15, 1919; and WHEREAS,
Bishop Quince, Jr. moved to Delray Beach with his parents and two sisters, Idell and Maebell, in 1926 and has resided for 85 years; and WHEREAS, Bishop Quince, Jr. had a lifetime of
achievements at an early age; and WHEREAS, a young Bishop Quince preached his first sermon, “Dry Bones in the Valley”, standing on a box that his father provided for him to stand on
so that the congregation could see him behind the pulpit when he was 9 years old; and WHEREAS, he was later ordained as a Minister of the Word in 1936 at the age of 17; and WHEREAS,
in 1937, Bishop Quince married the late Artice Alexander-Quince who was affectionately known as “Baby” and through this union they had seven (7) children: Alonzo (deceased), Alease (deceased),
Eddie Lee, Lillie, Elizabeth, Mary Ann and Leonard Nathan III; and WHEREAS, Bishop Quince’s love of music led him to serve as Minister of Music under the leadership of his father, the
late Bishop L. N. Quince, Sr., for many years. He composed his first song when he was 8 years old entitled “You Better Run to the City of Refuge”; and WHEREAS, Bishop Quince traveled
cross country from 1936 through the 1960s with his sister, the late Idell Quince Boyer-Reynolds as the duo group, The National Gospel Twins. They performed with many international gospel
greats including Mahalia Jackson, 5 Blind Boys of Jackson Mississippi, Mighty Clouds of Joy, Candi Staton, Staple Singers and many others; and WHEREAS, a testament to the brother and
sister’s singing was the street ministry they conducted on corners, in sand lots throughout the City and an untold number of church services they traveled to down through the years;
and WHEREAS, Bishop Quince taught his three daughters, Alease, Elizabeth, and Lillie who were known as The Quinettes to sing background with him and was later joined by his nieces Yvonne,
Lucille, and Margie; and WHEREAS, the Church of the Living God, New Macedonia was built in 1977 under the leadership of Bishop Quince where he served as pastor until February 2011 when
the mantle was transferred to his grandson, Pastor David B. Clark. Bishop Quince served as a member of the Ministerial Alliance of Churches in Delray Beach and surrounding areas. He
functioned as a spiritual mentor to many individuals in Delray; and WHEREAS, Bishop Quince, now age 92, is still a pioneer cornerstone member of this community and continues to faithfully
serve the Lord. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and the citizens of Delray Beach, do hereby extend
our heartfelt thanks and appreciation to: B I S H O P L E O N A R D N A T H A N Q U I N C E , J R . and call upon all present to acknowledge and applaud his longtime outstanding and
exemplary dedication, multitudinous contributions and accomplishments to the City of Delray Beach, its residents and his community. IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 4th day of October, 2011. ____________________________ NELSON S. McDUFFIE MAYOR
WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for
and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility
to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Month is a very important time to recognize the important role played by
city government in our lives; and WHEREAS, this month offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch
of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizens about municipal
government through a variety of different projects and information; and WHEREAS, Florida City Government Month offers an important opportunity to convey to all the citizens of Florida
that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City
Commission do hereby proclaim the month of October as: FLORIDA CITY GOVERNMENT MONTH in the City of Delray Beach, Florida, and encourage all citizens, city government officials and employees
to do everything possible to ensure that this month is recognized and celebrated accordingly, and to encourage educational partnerships between city government and schools. IN WITNESS
WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 4th day of October, 2011. ____________________________ Nelson
S. McDuffie MAYOR
MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: Bruce Koeser, Human Resources Director David T. Harden, City Manager DATE: September
12, 2011 SUBJECT: AGENDA ITEM 7.A. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 RESOLUTION NO. 47-11 BENJAMIN LEONARD ITEM BEFORE COMMISSION Resolution No. 47-11 honoring Benjamin
Leonard's over 30 years of service. BACKGROUND In accordance with the City’s service award policy, employees with 30 years of full-time service are to be honored by the City Commission
with a resolution and plaque. Benjamin Leonard, Recreation Supervisor achieved this milestone on August 27, 2011.
1 Res No. 47-11 RESOLUTION NO. 47-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING BENJAMIN LEONARD FOR THIRTY YEARS OF DEDICATED
SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Benjamin Leonard was hired by the City of Delray Beach as a Recreation Supervisor and on August 27, 2011 reached a milestone in his career,
having achieved over thirty years of full-time service with the City; and WHEREAS, Ben Leonard has served this community with honor and distinction as Recreation Supervisor I, Athletic
Supervisor and Recreation Supervisor II in the Recreation Division; and WHEREAS, Ben is a dedicated and extraordinarily reliable employee whose work ethic is above reproach, and who
has approached his duties with a positive attitude, always striving for excellence in himself, co-workers, and volunteers; and WHEREAS, we acknowledge Ben’s hard work and dedication
to the Parks and Recreation Department to establish the Delray Rocks youth football program as a staple in the Delray Community along with other athletics; and WHEREAS, he has the highest
standards for teamwork, safety, resourcefulness, and stewardship of department resources; and WHEREAS, the City of Delray Beach and the Delray Beach Parks and Recreation Department are
honored to have had Ben Leonard as a valued member of the municipal team over the past 30 years and he is greatly appreciated by his co-workers and the entire city staff. 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 hereby recognizes and commends
Benjamin Leonard for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to
Benjamin Leonard for his many years of service, and wishes him the best of health and happiness in his retirement.
2 Res No. 47-11 PASSED AND ADOPTED in regular session on this the 4th day of October 2011. ___________________________________ MAYOR ATTEST: __________________________________ CITY CLERK
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: September 29, 2011 SUBJECT: AGENDA ITEM 7.B.
-REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 2012 ALL-AMERICA CITY AWARD -CAMPAIGN FOR READING READINESS PRESENTATION ITEM BEFORE COMMISSION The Delray Beach Education Board would
like to apply for the 2012 All-America City Grade Level Reading Awards, which is being championed by the National Civic League. The Reading Campaign goal at a national level is to increase
by 50 percent the number of low-income children reading on grade level in 3rd grade in at least a dozen states during the next ten years. The League is asking communities to come up
with a “Best Practice Plan” that addresses the following: · Summer Learning loss · School Attendance – Chronic absentees · School Readiness Why it is important for Delray Beach to get
involved: · Our school population is comprised of 60% low income, high-risk students · FCAT (Florida Comprehensive Achievement Test) scores reveal that only 68% of our students read
at or above grade level in third grade reading scores and that number drops as they get older · The scores for students in Delray Beach lag the county and state averages · We have 25%
increase in student poverty level in the past 5 years, which equates to lower performance We are requesting that the City Commission endorse our efforts to move forward with the Letter
of Intent for the 2012 All-America City Reading Readiness Award.
TODAY’S GOALS Establish Steering Committee Provide Background on Grade Level Reading Campaign and Delray Beach Education Advocacy Review letter of intent requirements and determine workplan
for development( due 10/14) Review application requirements and discuss broad based strategies ( due March 12) Determine if the Campaign forGrade Level Reading is a viable program for
Delray Beach
BACKGROUND The Delray Beach Education Board has been in existence for 20 years and advocates for quality education for all. It acts as the eyes and ears of the City Commission in identifying
opportunities to help all students succeed. Over the course of the 2010-11 school year we have spoken with many of our elementary school principals and the common opportunity was identified
as school readiness. Concurrently, the National Civics League has invited Delray Beach to submit a letter of intent for the 2012 All American City Grade Level Reading Award., which focuses
on the 0-8 year old child and how to help all students read on grade level by third grade. Letters of Intent are due October 14,2011 which then enables Delray Beach access to a growing
national network of staff, consultants,funders and other cities involved in the Campaign for Grade Level Reading.. Final Award applications are due March 12,2012 and will include our
plans to help every student read on grade level by third grade. The Campaign’s goal is to increase by 50 percent the number of low-income children reading on grade level in 3rd grade
in at least a dozen states during the next ten years. Currently two thirds of our US students are not reading proficiently by 4th grade; in California the number rises to 76% and for
low income families the figure rises to 90% according to the latest NAEP scores.
DELRAY BEACH POPULATION IS FLAT VS 10 YEARS AGO, BUT SCHOOL AGE POPULATION HAS DECREASED BY 11.3% ( 2000/2010 CENSUS DATA) 2000 2010%CHG Total 60,020 60,522 0.8% >1 yr 595 546 -8.2%
1 yr 601 596 -0.8% 2 yr 576 563 -2.3% 3 yr 626 553 -11.7% 4 yr 609 578 -5.1% 5 yr 574 535 -6.8% 6 yr 620 512 -17.4% 7 yr 592 411 -30.6% 8 yr 651 541 -16.9% 9 yr 658 546 -17.0% 10 yr
650 527 -18.9% 11 yr 636 528 -17.0% 12 yr 595 506 -15.0% 13 yr 615 529 -14.0% 14 yr 612 540 -11.8% 15 yr 598 552 -7.7% 16 yr 550 555 0.9% 17 yr 574 639 11.3% 18 yr 572 616 7.7% total
11504 10373 -9.8% age 5-18 8497 7537 -11.3%
DELRAY BEACH SCHOOLS • Delray Beach has 11 public and 6 private schools • 7929 students attend public school; we estimate 1000 attend private schools • Private schools include demoninational
and non denominational • Public schools include full choice, embedded choice and non choice • We have the county’s only contiguous International Baccalaureate (IB) schools
DELRAY BEACH DEMOGRAPHIC SNAPSHOT 7929 students attend 11 DB public schools 4721 students attend 7 elementary schools Total enrollment down 1-3% in past 5 yrs Demographics continue to
shift §Black and Hispanic enrollment has increased significantly in past 5 years §White enrollment has decreased Poverty is a growing issue §Students in poverty now 59% up from 47% in
2005, a 25% increase
DELRAY BEACH ACADEMIC SNAPSHOT Florida Comphensive Aptitude Test or FCAT is a yardstick since ‘01 ( Is this the best measure going forward?) Generally speaking.. Full choice schools
have highest scores ..followed by embedded choice schools ..followed by non choice schools Reading scores peak at 5th grade then decline through 10th +/-60% grade 3-5 read on grade level
+/-48% grade 6-8 read on grade level +/-46% grade 9-10 read on grade level
FCAT 3RD GRADE READING SCORES 3+ ABOVE TAKEN FROM GOLD REPORT, PBCSD School 2011 2010 2009 2008 2001 Banyan Creek 81 88 77 66 53 Morikami 91 89 89 85 81 Orchard View 45 47 66 66 49 Pinegrove
69 73 55 73 24 Plumosa 41 41 39 50 41 SD Spady 77 76 76 73 54 Village Academy 51 62 47 59 17
DELRAY BEACH ACADEMIC SNAPSHOT • Delray Beach schools have shown improvement since 2001 despite challenging environmental factors • Our schools lag the district and state scores, significantly
at the middle and high school level • Important to note there are BIGdifferences from school to school §High poverty, low scores §Strong choice program or low poverty, high scores
GREAT PROGRAMS EXIST TO HELP OUR CHILDREN…BUT THE NEED IS EVEN GREATER School Readiness *Pinegrove VPK * Achievement Center for Children and Families * Headstart • Preschools *Palm Beach
Literacy Coalition * SD Spady preschool School Attendance • District Reports * Boystown * Pinegrove Summer Learning • Delray Beach Library Summer Reading Program * Village Academy/Beacon
Program
NCL AWARD REQUIREMENTS Award-winning communities will develop strategies in three areas that have real potential to drive improvement in grade-level reading: • School readiness-too many
young children show up for school not ready to learn • School Attendance-too many children grades K-3 miss too many days of school • Summer Learning-too many young children in the early
grades lose ground over the summer Successful Applicants must demonstrate the following: • Detailed review of baseline data for each of the three focus areas and a thorough assessment
of local needs, interests, challenges and opportunities • Comprehensive, innovative and evidence based strategies to improve grade –level reading and make measureable progress on all
3 focus areas by 2015 • Evidence of broad public engagement involving groups such as parents, child care providers and educators in a process that has the potential to produce long term,
sustainable solutions in each of the three focus areas • Evidence of significant cross-sector ( public, private, philanthropic and faith) leadership and support( local electd officials,
United Way representatives, school district officials, community foundations, community based organizations, and business and non-profit leaders • Focus on the needs of young children
in the context of families and neighborhoods in which they live, with a special emphasis on children living in poverty • Local capacity to to implement and sustain the plan successfully
with ongoing efforts to track outcomes/impact over time
NCL LETTER OF INTENT REQUIREMENTS 1. Contact information of the Leaders of your local Campaign
NCL LETTER OF INTENT REQUIREMENTS( CONT’D) 2. Evidence of significant cross-sector support Steering Team Seth Bernstein, PhD Program Director, Boystown Jenny Prior-Brown School Board
Member, District 4 Palm Beach County Lula Butler Director of Community Improvement , City of Delray Beach Marlene Campbell, PhD Principal, Pine Grove Elementary School Lydia Carreiro
Teacher, Banyan Creek Elementary School Rev. Kathleen Gannon St. Paul’s Episcopal Church, Paul’s Place After School Care Lynda Hunter, PhD Children’s Services Directior, Delray Beach
Library Nancy Hurd Director, Achievement Center for Children and Families Debra Kaiser, PhD Delray Beach Education Board John M Knight State Coordinator, Children’s Movement of Florida
Darlene Kostrub President, Palm Beach County Literacy Coalition Michael Malone President, Delray Beach Chamber of Commerce Woodie McDuffie Mayor, City of Delray Beach Janet Meeks Education
Coordinator, City of Delray Beach Derlene Pierre-Louise Local Business Owner and Parent Linda Roman United Way of Palm Beach County Mary Swinford Primetime PBC, Community Resource Manager
Sandra Weatherspoon School District of Palm Beach County
SCHOOL READINESS DATA-FAIR FROM FRNM.ORG SCHOOL SUCCESS REPORT BY ENTERING GRADE , BY SCHOOL, % OF CHILDREN IN PEFORMANCE ZONE 2011 school 1H 1M 1L 2H 2M 2L 3H 3M 3L 4 H 4 M 4 L 5 H
5 M 5 L BC 59 36 5 MK OV 71 23 6 57 32 11 41 45 14 4 67 29 19 59 23 PG 27 68 4 38 53 9 15 63 23 49 22 29 47 14 39 PL 78 18 4 47 36 17 20 62 17 4 44 49 10 67 22 SD 61 31 7 VA 41 54 4
41 49 10 20 66 11 51 23 26 40 28 32 H= High success zone; 85% or higher chance of success on year end outcome measure M= Moderate success zone; 16-84% chance of success on year end outcome
measure L = Low success zone;15% or lower chance of success on year end outcome measure
SCHOOL READINESS DATA • 339 children attend VPK for school year 2011-12 with 15 providers in Delray Beach • FAIR-K: 11,620 children in Palm Beach County were screened. 7,553 (65%) were
ready, compared to 4,067 (35%) were not ready. • Achievement Center Anna Younger Bar&Ferg Daughter of Zion • Headstart Kidsville Early Learning Center Oxford Academy Pine Grove • Seacrest
Christian Stepping Stones Learning Center St. Vincent Ferrer • Children’s Nest A Reading and Math Academy Girl and Boyland Village Academy • Additionally approximately 140 attend daily
preschool with 2-6 hours of age appropriate curriculum • Trinity Lutheran (70) St Paul’s Day School (27) • Little Friends Learning Center* (25) UCA Happy Tots Care and Learning* (18)
• This snapshot does not tell us how many children are Delray Beach residents so we can’t directly compare to the census figures of 578 4 year olds in 2010 * Program for birth to 5yrs
Process Goals NCL LETTER OF INTENT REQUIREMENTS ( CONT’D) 3. DESCRIPTION OF THE PROCESS AND POTENTIAL GOALS YOU WILL USE TO MOBILIZE AND SUSTAIN COMMUNITY GROUPS SUCH AS PARENTS, CHILD
CARE PROVIDERS AND EDUCATORS TO IMPROVE SCHOOL READINESS, ATTENDANCE AND SUMMER LEARNING
ATTENDANCE DATA FOR LAST 90 DAYS 2010-11 COURTESY DR. SETH BERNSTEIN, TERMS SCHOOL DISTRICT DATABASE; STUDENTS MISSING 15 DAYS OF SCHOOL School K # K students 1st # 1st students 2nd
# 2nd students 3rd # 3rd students 4th # 4th students Banyan 7 11 18 12 14 Morikami 2 7 7 7 Orchard 102 6 78 4 110 8 103 4 Pine Grove 1 8 6 9 4 Plumosa 3 9 6 4 Spady 15 100 12 97 17 95
8 87 10 Village 0 0 0 0
Process Goals NCL LETTER OF INTENT REQUIREMENTS ( CONT’D) 3. DESCRIPTION OF THE PROCESS AND POTENTIAL GOALS YOU WILL USE TO MOBILIZE AND SUSTAIN COMMUNITY GROUPS SUCH AS PARENTS, CHILD
CARE PROVIDERS AND EDUCATORS TO IMPROVE SCHOOL READINESS, ATTENDANCE AND SUMMER LEARNING
Summer Learning • Over 20 providers serve 1073 (?)students with summer care • Majority (60%) of programs state 1 hr of daily reading/academics/enrichment • Johns Hopkin recommends a
minimum of 2 and preferred 6 hr per day to stem summer learning loss, especially in low income children • 433 students (40%) have 2-6 hours of defined curriculum • West Park Baptist
Achievement Center • Bar&Ferg Daughter of Zion Oxford • Milagro After School • Over 20 providers serve 813 (?)students with after school care • Less than 20% proivide enrichment beyond
homework help • Milagro and Achievement Center have highly focussed/structured programs SUMMER LEARNING AND AFTER SCHOOL PROGRAMS 1999 STUDENTS (2010 CENSUS DATA) ARE AGES 5-8 YRS---K-3RD
GRADE
Process Goals LETTER OF INTENT REQUIREMENTS (CONT’D) 3. DESCRIPTION OF THE PROCESS AND POTENTIAL GOALS YOU WILL USE TO MOBILIZE AND SUSTAIN COMMUNITY GROUPS SUCH AS PARENTS, CHILDCARE
PROVIDERS AND EDUCATORS TO PROMOTE SCHOOL READINESS, ATTENDANCE AND SUMMER LEARNING
LETTER OF INTENT REQUIREMENTS(CON’T) 4. BASELINE DATA (OR A PLAN FOR HOW YOU WILL OBTAIN IT) ON LEVELS OF THIRD GRADE READING PROFICIENCY,SCHOOL READINESS, ATTENDANCE, AND SUMMER LEARNING
IN YOUR COMMUNITY .Third Grade Reading Proficiency will be obtained from state wide FCAT results and/or Committee recommendations School Readiness will be obtained from Delray Beach
Elementary FAIR reports for 2007-10 entering kindergarten classes Attendance Reports will be obtained for each student by each elementary school to determine averages and identifiy chronic/habitual
levels. Summer Learning Programs will be researched across the community providers and compiled by the Delray Beach Education Board
Discussion and Next Steps Meeting Dates
APPLICATION REQ’TS 1. DETAILED REVIEW OF BASELINE DATA FOR EACH OF THE THREE FOCUS AREAS AND A THOROUGH ASSESSMENT OF LOCAL NEEDS, INTERESTS, CHALLENGES AND OPPORTUNITIES
APPLICATION REQ’TS 2. COMPREHENSIVE ,INNOVATIVE AND EVIDENCE BASED STRATEGIES TO IMPROVE GRADE LEVEL READING AND MAKE MEASUREABLE PROGRESS ON ALL THREE FOCUS AREAS BY 2015 Grade Level
Reading School Readiness School Attendance Summer Learning
APPLICATION REQ’TS 3. EVIDENCE OF BRAOD PUBLIC ENGAGEMENT INVOLVING PARENTS, CHILD CARE PROVIDERS, AND EDUCATORS IN A PROCESS THAT HAS POTENTIAL TO PRODUCE LONG TERM, SUSTAINABLE SOLUTIONS
IN EACH OF THE 3 FOCUS AREAS.
APPLICATION REQ’TS 4. EVIDENCE OF SIGNIFICANT CROSS SECTOR LEADERSHIP AND SUPPORT-LOCAL ELECTED OFFICIALS, UNITED WAY, SCHOOL DISTRICT OFFICIALS, COMMUNITY FOUNDATIONS, COMMUNITY BASED
ORGANIZATIONS, BUSINESS AND NON PROFIT LEADERS
APPLICATION REQ’TS 5. FOCUS ON THE NEEDS OF YOUNG CHILDREN INT THE CONTEXT OF FAMILIES AND NEIGHBORHOODS IN WHICH THEY LIVE, WITH SPECIAL EMPHASIS ON CHILDREN LIVING IN POVERTY
APPLICATION REQ’TS 6. LOCAL CAPACITY TO IMPLEMENT AND SUSTAIN THE PLAN SUCCESSFULLY WITH ONGOING EFFORTS TO TRACK OUTCOMES OVER TIME.
MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 22, 2011
SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 RESOLUTION NO. 50-11/BLOCK 11 ALLEYWAY ABANDONMENT ITEM BEFORE COMMISSION The item before the Commission is consideration
of abandonment of a portion of a 16’ north-south alley within Block 11, Osceola Park, located midway between SE 7th Street and SE 6th Street, pursuant to LDR Section 2.4.6(M), Abandonment
of Rights-of-Way. A water/sewer easement is being retained over the entire area. BACKGROUND The subject paved alleyway was dedicated with the recording of the Osceola Park Plat (Plat
Book 3, Page 2) on January 17, 1913. The north-south alley provides access between SE 6th Street and SE 7th Street. The abandonment area is a 16’ x 303.22’ rectangular shaped parcel
containing approximately 4,851 sq. ft. (0.1114 acres). The abandonment request was submitted by Delray Eleven, LLC, which owns the twelve lots abutting either side of the proposed abandonment
area. A replat of the aggregated parcels and abandoned portion of the alley is currently in process. Although this abandonment was previously approved by the City Commission on October
5, 2011 via Resolution 57-10, the attachment to the Resolution depicted the wrong legal description for the abandonment area. This error has been corrected and the abandonment is again
before the City Commission for final approval. REVIEW BY OTHERS Development Services Management Group (DSMG): On July 15, 2010, the DSMG reviewed the alleyway abandonment request and
recommended approval, subject to retention of an easement to cover existing sanitary sewer utilities. Community Redevelopment Agency (CRA): On August 12, 2010, the CRA reviewed the alleyway
abandonment request and unanimously recommended approval. Planning and Zoning Board: On August 23, 2010 the Planning and Zoning Board reviewed the
abandonment request and unanimously recommended approval to the City Commission, subject to establishment of utility easements over the entirety of the abandonment area as identified
in the attached staff report. These easements are to be retained by the City until such time when it is necessary and appropriate for the developer to abandon these easements in favor
of their replacement easements, if utilities are rerouted.. Environmental Services Department: The City Engineer has asked that a 16’ water and sewer utility easement be retained over
the area proposed for abandonment in favor of the City until all utilities within the abandonment areas are relocated. A replacement easement has already been recorded. FPL (Florida
Power and Light): FPL has reviewed the abandonment request and has identified the need for establishment of an exclusive easement for existing overhead utilities situated within the
proposed alleyway abandonment area. This will be accommodated with the required replat of the project. Consequently, the applicant has acquired estimates of $3,913.23 to remove the facilities
south of Lot 3 and $3,578.65 to relocate the utility pole at the southwest corner of Lot 1 to the northwest corner of Lot 1. If mutually agreed upon, the property owner (Delray Eleven,
LLC) shall incur the costs of these improvements and an exclusive easement will not be deemed necessary. FPU (Florida Public Utilities): FPU has reviewed the abandonment request and
has no objection. It is noted that a 2” gas main which runs within the alley between SE 7th Street and ends at SE 6th Street stops just north of the proposed abandonment area, thus service
is unaffected. AT&T/BellSouth Telephone Company: AT&T has reviewed the abandonment request and has no objection. It is noted that the cost for relocation of any existing facilities shall
be at the property owner’s expense. Any issues as they relate to relocation of AT&T utilities will be accommodated with the required replat of the project. Comcast Cable: Comcast Cable
has reviewed the abandonment request and has no objection. However, they have identified the need for abandonment of existing utilities located within the alleyway. The cost associated
with complete removal will be incurred by the owner (Delray Eleven, LLC). RECOMMENDATION By motion, move approval of the abandonment of the southernmost 303.22’ of the north-south alley
lying within Block 11, Osceola Park, based upon positive findings with respect to LDR Section 2.4.6(O) (5), subject to the following conditions: 1. That a replat of the aggregated parcels
and abandoned portion of the alley be processed and recorded with redevelopment of the site.
RESOLUTION NO. 50-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEY RIGHT-OF-WAY, AS MORE FULLY DESCRIBED IN EXHIBIT “A”,
BUT RESERVING AND RETAINING TO THE CITY A WATER/SEWER EASEMENT OVER THE ENTIRE AREA THEREOF AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received
an application for abandonment of an alley right-of-way, as more particularly described in Exhibit “A”; said alley right-of-way being located between Lots 4-9 and Lots 10-15 of Block
11, Osceola Park; and WHEREAS, the application for abandonment of said right-of-way was processed pursuant to Section 2.4.6(O), “Abandonment of Rights-of-Way”, of the Land Development
Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the
matter at a public hearing on September 20, 2010, and voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and
subject to the condition that a water/sewer easement be retained over the entire area; and WHEREAS, pursuant to LDR Section 2.4.6(O), the application was forwarded to the City Commission
with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section
2.4.6(O)(5) find that there is no need for the use of the right-of-way for a public purpose; the abandonment will not prevent access to a lot of record; and the abandonment will not
result in detriment to the provision of utility services or access to adjacent properties or the general area and deems it to be in the best interest of the City of Delray Beach to vacate
and abandon said right-ofway, as more particularly described in Exhibit “A”, but does not abandon and retains and reserves unto itself an easement over the entire area thereof, as more
particularly described herein, for the purpose of emergency access and constructing and/or maintaining any improvements including, either over or under the surface, pipes for water/sewer
or for any infrastructure associated with water/sewer owned by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the
foregoing recitals are hereby incorporated herein by this reference.
2 ORD. NO. 50-11 Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds
to the following real property, for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the purpose
of emergency access and constructing and/or maintaining either over or under the surface, pipes for sewer/water or for any infrastructure associated with water/sewer owned by the City,
more particularly described as follows: See, Exhibit “A” PASSED AND ADOPTED in regular session on this the _______ day of ________________, 2011. ______________________________________
M A Y O R ATTEST: __________________________________ CITY CLERK
MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden,
City Manager DATE: September 16, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 CHANGE ORDER NO. 1/INTERCOUNTY ENGINEERING, INC. ITEM BEFORE COMMISSION
This item is before the Commission to approve Change Order No. 1 (CO#1) to Intercounty Engineering, Inc. for a contract time extension of seven (7) days; and for the total amount of
$18,321.82 to be paid out of the Contract's Utility Allowance for additional scope required for installation of a water main in a new location, a reverse tap, and repairs to a 2" water
main; for the Osceola Park Water Main Phase 2 Project #2010-082. BACKGROUND On June 7, 2011, the Commission approved a Contract Award to Intercounty Engineering, Inc. The scope of the
project generally consists of installing approximately 5,340 linear feet of 8 inch Ductile Iron Pipe water main, connection of water services, and installation of fire hydrants. This
project also includes clearing and grubbing, sodded swale, asphalt trench repair, driveway apron replacement, drainage, and maintenance of traffic. Change Order No. 1 is for a contract
time extension of seven (7) days as detailed below. The additional scope required for the installation of the water main in a different location is due to a conflict with an existing
sewer main. The water main, originally to be installed in the swale area, will now be installed in the roadway. This request is primarily for the trench restoration required for the
new location (the water main installation will be paid under the specified contract line item), as well as fittings to bring the pipe back to the original alignment, in the amount of
$11,177.47. In addition, installation of a reverse tap was required to resolve an unforeseen conflict with a duct bank, in the amount of $6,413.59; and an existing 2" main, which was
damaged during excavation, and was unknown to exist at its location, had to be repaired in the amount of $730.76; for a total amount of $18,321.82 to be paid out of the contract's Utility
Allowance Line Item. Amount Item Add'l Days Exhibit $11,177.47 Relocation of Proposed Water Main 5 Exhibit "A" $ 6,413.59 Reverse Tap Installation 1 Exhibit "B" $ 730.76 Water Main Repair
1 Exhibit "C"
$18,321.82 Total Additional Cost 7 Total Add'l. Days The Utility Allowance has a current balance of $50,000.00. Exhibits "A", "B", and "C" to CO #1 are attached. Also attached, is a
Location Map. FUNDING SOURCE Cost to be funded out of the Contract's Utility Allowance. RECOMMENDATION Staff recommends approval of Change Order No. 1 to Intercounty Engineering, Inc.
for a contract time extension of seven (7) days; and for the total amount of $18,321.82 to be paid out of the Contract's Utility Allowance for additional scope required for installation
of the water main in a different location, a reverse tap, and repairs to a 2" water main; for the Osceola Park Water Main Phase 2 Project.
MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden,
City Manager DATE: September 19, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 CHANGE ORDER NO. 1/SPEARHEAD DEVELOPMENT GROUP, INC. ITEM BEFORE COMMISSION
This item is before the Commission to approve Change Order No. 1 (CO#1) in the amount of $24,118.80 for additional scope needed for driveway reconstruction to meet ADA requirements;
and for a contract time extension of thirty (30) days; for the Community Improvement (SW Area) Sidewalks Project #2009-039. BACKGROUND On May 3, 2011, Commission approved a Contract
Award to Spearhead Development Group, Inc. in the amount of $102,999.80 for the construction of sidewalk improvements in the NW/SW areas of the City. The scope includes: clearing and
grubbing, sidewalk construction and swale sodding. CO #1 is for driveway reconstruction, due to slope issues, to meet ADA requirements; and a contract time extension of thirty (30) days
to complete the work. As existing driveway aprons are encountered during sidewalk construction, plans call for matching existing aprons if they are concrete, or cutting existing aprons
and pouring the sidewalk through them if they are asphalt. ADA regulations require that sidewalk cross slopes not exceed 2%. If an existing driveway apron exceeds the maximum 2% slope,
it must be completely removed so the sidewalk can be constructed in conformance with the ADA cross slope requirement. The driveway apron is then replaced between the front of the sidewalk
the and the edge of roadway. Exhibit "A" to CO #1 is attached. A Location Map is also attached. FUNDING SOURCE Funding is available from 118-1965-554-63.11 (Neighborhood Services/Improvements
Other/Bikepaths/Sidewalks). RECOMMENDATION Staff recommends approval of Change Order No. 1 in the amount of $24,118.80 for additional driveway reconstruction needed to meet ADA requirements;
and for a contract time extension of thirty (30) days; for the Community Improvement (SW Area) Sidewalks Project.
MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy T. Tack, P.E., Project Manager ESD/CRA Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City
Manager DATE: September 22, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 CONTRACT AWARD /FOSTER MARINE CONTRACTOR'S, INC./AUBURN AVE IMPROVEMENT ITEM
BEFORE COMMISSION Request for Commission approval/authorization for the Mayor to execute the construction contract with Foster Marine Contractors, Inc. for construction of the Auburn
Avenue Improvement Project in the amount of $1,156,896.00. P/N 2010-040. BACKGROUND This project is in coordination with the Community Redevelopment Agency and Palm Beach County, and
is part of the Southwest Area Neighborhood Redevelopment Plan. The project is partially funded under a grant from the Disaster Recovery Initiative Program, between Palm Beach County
and the State of Florida, Department of Community Affairs (DCA) and will allow for reimbursement from Palm Beach County to the City of up to $1,000,000.00 for the improvements associated
with the project. This project consists of Roadway and Infrastructure Improvements on Auburn Avenue from Auburn Drive to SW 8 th Street, SW 12th and 13th Avenue from SW 8th Street to
SW 10th Street, SW 8th Street from SW 14th Avenue to SW 12th Avenue, and SW 10th Street from SW 14th Avenue to SW 12th Avenue. The scope of the project includes roadway resurfacing and
reconstruction, sidewalks, landscaping, design-build irrigation specifications, paver cross-walks, drainage improvements, on street parking, and bus shelters. SW 12th and 13th Avenue
from SW 8th Street to SW 10th Street, SW 8th Street from SW 14th Avenue to SW 12th Avenue, and SW 10th Street from SW 14th Avenue to SW 12th Avenue will additionally include City funded
new water and sewer infrastructure. On February 9, 2011, at 9:00 AM, bids were received by the City of Delray Beach for the Auburn Avenue Improvements Project. Four (4) bids were received
as follows: Name of Bidder Amount of Bid
The City reviewed the bid proposals submitted by each of the contractors and found no mathematical errors on any of the bids. In reviewing the submittals for completeness and conformance
with bidding requirements, it was determined that Williams Paving was not a prequalified contractor with the City. On that basis, their proposal was not considered. On February 25, 2011,
the City acknowledged Chaz Equipment as the lowest responsive bidder and forwarded the bid award recomendation package to Palm Beach County Department of Housing and Community Development
(HCD) and DCA for review and approval. On March 22, 2011, HCD notified the City that the Chaz Equipment approval package was under review by the DCA and they were inquiring about an
ongoing investigation of Chaz Equipment by the State Attorney. During this same time frame, the City, being aware of the investigation, acted to revoke the prequalification status of
Chaz Equipment Company, Inc., resulting in their disqualification from this bid award. Foster Marine Contractors, Inc. became the lowest responsive bidder. On May 6, 2011, the City notified
HCD and DCA of the change in bid award recommendation and forwarded the Foster Marine approval package to HCD and DCA for review and approval. On September 6, 2011, HCD acknowledged
that the Bid Award to Foster Marine Contractors, Inc. had been reviewed and approved. With the completion of the review and approval process through County and State agencies, staff
is bringing forward the recommendation for contract award to Foster Marine Contractors, Inc . in the amount of $ 1,156,896.00 for Commission approval. 1 Chaz Equipment Company, Inc.
$988,851.75 2 Foster Marine Contractors, Inc. $1,156,896.00 3 Williams Paving $1,163,903.50 4 Rosso Paving & Drainage, Inc. $1,277,974.40 FUNDING SOURCE The Funding Source is as follows:
$790,059.00 from account #334-3162-541.68-65 $366,837.00 from account #442-5178-536.68-50 upon budget transfer RECOMMENDATION Staff Recommends Approval
1 Tack, Tim From: Joe Greco <JGreco2@pbcgov.org> Sent: Tuesday, September 06, 2011 8:56 AM To: Tack, Tim Cc: Bud Cheney Subject: DRI 3 -Auburn Avenue Improvements Attachments: FL100330Mod1.wpd;
FL100272Mod3.wpd; Delray_Beach_Street_Improvs.pdf Tim: The State has approved both the plans and specifications and Foster Marine Contractor’s, Inc. subject to the following: • The construction
contract may not be executed between the City and the contractor until the County has received a time extension for the grant program funding this activity. The County expects this approval
later this month. • The City must issue a change order to the contractor and the executed change order must be forwarded by the County to the State for their files. The change order
must contain the attached documents: o Wage Decision FL 20100272 – 3 (Heavy) o Wage Decision FL 20100330 – 1 (Highway) o CDBG Supplemental Conditions • The contractor has indicated that
he will be hiring two equipment operators and three laborers for this project. The State requires the City obtain, and forward to the County, documentation of the contractor’s efforts
to hire Section 3 workers. This is very important. Please get with the contractor to ensure that his efforts are documented. See Section 3 language for compliance procedures. The County
will be issuing the above instructions via formal letter but wanted to get this to you today so that you can get the process moving. You can get your agenda item process underway and
make the item and contract execution date effective on the date of DCA’s approval of the County’s extension. Who should the letter go to: Name & Address please! Call me if you have any
questions. (233 3672) Joe Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by phone or in writing.
1 Hasko, Richard From: Tack, Tim Sent: Wednesday, September 28, 2011 10:38 AM To: Hasko, Richard Cc: Kucmerowski, Carolanne Subject: FW: Auburn Ave. Improvements Richard, Below is the
approval to award the Auburn Avenue Project contract to Foster Marine. Thanks, Project Manager, ESD/CRA City of Delray Beach 561-243-7315 From: Joe Greco [mailto:JGreco2@pbcgov.org]
Sent: Monday, September 12, 2011 10:44 AM To: Tack, Tim Cc: Bud Cheney Subject: Auburn Ave. Improvements Tim: The County has received the extension of the Grant funds that we had discussed
last week. The end date is now 10/21/12. The City may award the contract at their next opportunity. Keep me posted. Joe Under Florida law, e-mail addresses are public records. If you
do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
1 Tack, Tim From: Tack, Tim Sent: Friday, May 06, 2011 11:31 AM To: 'Amin Houry' Cc: Joe Greco Subject: RE: Auburn Street Improvements -Chaz Equipment Attachments: 20110506112342212.pdf
Amin, Attached is the revised bid award package for approval of award to Foster Marine. Please review and comment. I will send the original upon your request. Respectfully, Project Manager,
ESD/CRA City of Delray Beach 561-243-7315 From: Amin Houry [mailto:AHoury@pbcgov.org] Sent: Friday, March 25, 2011 12:04 PM To: Tack, Tim Cc: Joe Greco; Krejcarek, Randal; Bud Cheney
Subject: RE: Auburn Street Improvements -Chaz Equipment Tim We will need to submit new forms to the State that are associated with the revised recommendation to award to Foster Marine.
Please provide the below described forms to us. We will forward to the State and seek approval to award to Foster Marine. -Attached is a Bidding Information and Contractor Eligibility
form partially completed with Foster Marine’s information in it. Please complete the form and return the original to us. -Attached are the Section 3 forms to be completed in connection
with the award to Foster Marine. Please have these completed by the prime contractor and subcontractors. In addition, please provide the following from the bid documents submitted to
you: -a copy of Foster Marine’s bid bond -copies of the six forms included in our “Requirements for Federally Funded Projects” fully executed by Foster Marine -a copy of the MBE/WBE
Participation form completed by Foster Marine and copies of certifications as required in said form. Please contact me if you have any questions. Amin Houry Manager, Housing and Capital
Improvements Dept. of Housing & Community Development Palm Beach County 100 Australian Avenue, Suite 500 West Palm Beach, FL 33406
2 Phone: (561) 233-3625 -Fax: (561) 656-7565 E-mail: ahoury@pbcgov.com From: Tack, Tim [mailto:tack@mydelraybeach.com] Sent: Wednesday, March 23, 2011 10:11 AM To: Amin Houry Cc: Joe
Greco; Krejcarek, Randal Subject: FW: Auburn Street Improvements -Chaz Equipment Amin, The City of Delray Beach will be recommending award to the second bidder, Foster Marine. Please
let me know what I need to do to proceed in this direction. The schedule for this project is going to be severely impacted by these unforeseen circumstances. I think it would be prudent
for the City to respectfully request a six month extension on the funding. Your cooperation is greatly appreciated in this matter. Respectfully, Project Manager, ESD/CRA City of Delray
Beach 561-243-7315 From: Hasko, Richard Sent: Wednesday, March 23, 2011 8:56 AM To: Tack, Tim; Krejcarek, Randal Subject: RE: Auburn Street Improvements -Chaz Equipment We will be recommending
award to the second bidder, Foster Marine. We have notified Chaz that they have been removed from the City’s list of prequalified contractors. Richard C. Hasko, P.E. Environmental Services
Director voice: (561) 243-7336 FAX: (561) 243-7060 email: hasko@mydelraybeach.com http://www.epa.gov/watersense/
3 From: Tack, Tim Sent: Wednesday, March 23, 2011 8:53 AM To: Krejcarek, Randal; Hasko, Richard Subject: FW: Auburn Street Improvements -Chaz Equipment Gentlemen, Below, is the latest
update from the County on Auburn Avenue Improvements project. Please provide direction in this matter. Thanks, Project Manager, ESD/CRA City of Delray Beach 561-243-7315 From: Amin Houry
[mailto:AHoury@pbcgov.org] Sent: Tuesday, March 22, 2011 4:30 PM To: Tack, Tim Cc: Joe Greco; Edward Lowery; Bud Cheney; Tammy Fields K. Subject: Auburn Street Improvements -Chaz Equipment
Tim In light of the newspaper article about Chaz, is the City reconsidering the award of this project? The State DCA has inquired of us about this matter, as this has come to their attention
and they have indicated that they will be contacting their legal counsel. Please note that our request for approval to award the contract to Chaz is presently at DCA and DCA stated that
they will not act on it until they hear back from us and until after they have received advice from their counsel. Amin Houry Manager, Housing and Capital Improvements Dept. of Housing
& Community Development Palm Beach County 100 Australian Avenue, Suite 500 West Palm Beach, FL 33406 Phone: (561) 233-3625 -Fax: (561) 656-7565 E-mail: ahoury@pbcgov.com Under Florida
law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead,
contact this office by phone or in writing.
MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy T. Tack, P.E., Project Manager ESD/CRA Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City
Manager DATE: September 26, 2011 SUBJECT: AGENDA ITEM 8.D.1 -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 CHANGE ORDER NO. 1/FOSTER MARINE CONTRACTOR'S, INC. ITEM BEFORE COMMISSION
Request for Commission approval/authorization for the Mayor to execute change order #1 with Foster Marine Contractors, Inc. for the Auburn Avenue Improvement Project. P/N 2010-040. BACKGROUND
On February 9, 2011, at 9:00 AM, bids were received by the City of Delray Beach for the Auburn Avenue Improvements Project. On September 6, 2011, Palm Beach County Department of Housing
and Community Development (HCD) acknowledged that the Bid Award to Foster Marine Contractors, Inc. had been reviewed and approved. Due to the extended timeframe required for State of
Florida, Department of Community Affairs (DCA) Approval of the project, documentation required for federally funded projects must be updated in the contract. The change order includes
the following documents to be replaced as part of the construction contract: o Wage Decision FL 20100272 – 3 (Heavy) o Wage Decision FL 20100330 – 1 (Highway) o CDBG Supplemental Conditions
RECOMMENDATION Staff Recommends Approval
CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 2010-040 DATE: PROJECT TITLE: Auburn Avenue Improvements Project TO CONTRACTOR: Foster Marine Contractors,
Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS
AND COVENANTS. ________________________________________________________________________________________________________ JUSTIFICATION: The City must issue a change order to the contractor
and the executed change order must be forwarded by the County to the State for their files. Due to the extended timeframe required for State Approval of the project, documentation required
for federally funded projects must be updated in the contract. The change order must contain the following documents: o Wage Decision FL 20100272 – 3 (Heavy) o Wage Decision FL 20100330
– 1 (Highway) o CDBG Supplemental Conditions SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $ 1,156,896.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED
CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 1,156,896.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 0.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 1,156,896.00 TOTAL CONTRACT
TIME WILL BE INCREASED BY 0 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair
and reasonable. ___________________________________________ Foster Marine Contractors, Inc. (Contractor to sign & seal) _______________________________________________________________________________
__________________________ TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: N/A DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its
City Commission RECOMMEND:__________________________ By: ____________________________________________ Environmental Services Mayor ATTEST: APPROVED: __________________________ By: ___________________
_________________________ City Attorney City Clerk
General Wage Decision Number: FL100272 01/21/2011 FL272 Superseded General Decision Number: FL080272 State: Florida Construction Type: HEAVY CONSTRUCTION PROJECTS (INCLUDING WATER AND
SEWER LINES) County: PALM BEACH COUNTY in Florida Modification Number Publication Date 0 03/12/2010 1 10/29/2010 2 11/19/2010 3 01/21/2011 S:\SHELLS\CapImprv\WageDecisions\2010\FL100272Mod3.wpd
--------------------------------------------------------------------------------------------------------------------------------FL100272 Page: 1 of 4
COUNTY: PALM BEACH ELEC0728-0 06 08/31/2009 Rates Fringes ELECTRICIAN $28.46 $8.60 E NGI0487-014 01/01/2010 Rates Fringes OPERATOR: Crane All Tower Cranes Mobile, Rail, Climbers, Static-Mount;
All cranes with boom length 150 feet and over (with or without jib) Friction, Hydraulic, Electric, or otherwise; Cranes 150 tons and over; Cranes with 3 drums (when 3rd drum is rigged
for work); Gantry and Overhead Cranes; Hydraulic Cranes over 25 tons but not more than 50 tons; Hydraulic/Friction Cranes and all type of Flying Cranes; Boom Truck $28.30 $8.78 OPERATOR:
Crane Cranes with boom length less than 150 feet (with or without jib); Hydraulic Cranes 25 tons and under, and over 50 tons (with Oiler); Boom Truck $27.57 $8.78 OPERATOR: Drill $25.05
$8.78 OPERATOR: Oiler $22.24 $8.78 IR ON0402-003 04/01/2009 Rates Fringes IRONWORKER, STRUCTURAL $22.22 $7.65 L ABO1652-004 05/01/2009 Rates Fringes LABORER: Grade Checker $14.50 $4.67
P AIN0452-007 08/01/2010 Rates Fringes PAINTER: Brush, Roller and Spray $16.00 $6.20 ------------------------------------------------------------------------------------------------------------------
-------------FL100272 Page: 2 of 4
COUNTY: PALM BEACH SUFL2009-1 69 06/24/2009 Rates Fringes CARPENTER, including form work $17.00 $2.51 CEMENT MASON/CONCRETE FINISHER $16.93 -LABORER: Common or General $10.64 -LABORER:
Landscape $7.25 -LABORER: Pipelayer $14.00 -LABORER: Power Tool Operator (Handheld drills/Saws, Jackhammer, and Power saws Only) $10.63 $2.20 OPERATOR: Asphalt Paver $11.59 -OPERATOR:
Backhoe Loader Combo $16.10 $2.44 OPERATOR: Backhoe/Excavator $15.33 $3.60 OPERATOR: Blade/Grader $16.00 $2.84 OPERATOR: Bulldozer $14.95 $0.81 OPERATOR: Loader $16.05 -OPERATOR: Mechanic
$14.32 -OPERATOR: Roller $10.95 -OPERATOR: Scraper $11.00 $1.74 OPERATOR: Trackhoe $20.92 $5.50 OPERATOR: Tractor $10.54 -TRUCK DRIVER: Lowboy Truck $12.73 -TRUCK DRIVER: Off the Road
Truck $12.21 $1.97 TRUCK DRIVER: Dump Truck $9.60 -WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. ----------------------------------------------------
-----------------------------------------------------------------------------
FL100272 Page: 3 of 4
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses
(29 CFR 5.5(a)(1)(ii)). In the listing above, the “SU” designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates.
Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can
be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter *
a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional
Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact
is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution
Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration
from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington,
D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the
Administrative Review Board are final. END OF GENERAL DECISION ---------------------------------------------------------------------------------------------------------------------------------FL10027
2 Page: 4 of 4
S:\SHELLS\CapImprv\WageDecisions\2010\FL100272Mod3.wpd
General Wage Decision Number: FL100330 01/21/2011 FL330 Superseded General Decision Number: FL080330 State: Florida Construction Type: HIGHWAY Counties in Florida: PALM BEACH HIGHWAY
CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/12/2010 1 01/21/2011 S:\SHELLS\CapImprv\WageDecisions\2010\FL100330Mod1.wpd -----------------------------------------------------------
---------------------------------------------------------------------FL100330 Page: 1 of 5
COUNTY: PALM BEACH ELEC0728-0 07 08/31/2009 Rates Fringes ELECTRICIAN $28.46 $8.60 E NGI0487-019 01/01/2010 Rates Fringes OPERATOR: Oiler $22.24 $8.78 IR ON0402-005 04/01/2009 Rates
Fringes IRONWORKER, STRUCTURAL $22.22 $7.65 S UFL2009-227 08/05/2009 Rates Fringes CARPENTER, excluding form work $13.08 -CEMENT MASON/CONCRETE FINISHER $13.22 $0.90 FORM WORKER $12.22
$3.37 HIGHWAY/PARKING LOT STRIPPING: Operator (stripping machine) $11.97 $2.23 HIGHWAY/PARKING LOT STRIPPING: Painter $14.38 $1.73 IRONWORKER, REINFORCING $15.00 $2.45 LABORER: Asphalt
Raker $11.16 -LABORER: Asphalt Shoveler $10.70 -LABORER: Common or General $9.14 $0.93 LABORER: Flagger $11.00 $3.79 LABORER: Grade Checker $10.50 $0.54 LABORER: Landscape and Irrigation
$9.98 -LABORER: Luteman $10.32 -LABORER: Mason Tender -Cement/Concrete $12.00 $1.80 LABORER: Pipelayer $13.50 $1.20 LABORER: Power Tool Operator (handheld drills/saws, jackhammer and
power saws) $11.27 $2.33 --------------------------------------------------------------------------------------------------------------------------------
FL100330 Page: 2 of 5
OPERATOR: Asphalt Paver $12.94 -OPERATOR: Asphalt Plant $12.20 -OPERATOR: Asphalt Spreader $10.76 -OPERATOR: Auger $19.40 $0.44 OPERATOR: Backhoe Loader Combo $18.00 $1.39 OPERATOR:
Backhoe/Excavator $12.74 -OPERATOR: Boom $16.61 -OPERATOR: Bulldozer $15.08 $2.48 OPERATOR: Crane $18.13 -OPERATOR: Distributor $12.33 -OPERATOR: Drill $13.00 $1.59 OPERATOR: Grader/Blade
$17.00 $1.63 OPERATOR: Loader $11.81 $0.75 OPERATOR: Mechanic $16.20 $3.25 OPERATOR: Milling Machine $11.50 $3.58 OPERATOR: Paver $18.00 $1.39 OPERATOR: Piledriver $14.15 $2.26 OPERATOR:
Roller $11.20 -OPERATOR: Scraper $12.31 $1.83 OPERATOR: Screed $13.23 -OPERATOR: Tractor $13.00 $1.00 OPERATOR: Trencher $12.05 $0.40 PAINTER: Spray, and Steel $16.62 -TRAFFIC SIGNALIZATION:
Traffic Signal Installation $14.58 $0.65 TRUCK DRIVER: 10 Yard Haul Away Truck $12.50 -TRUCK DRIVER: 3 Axle Truck $9.81 -TRUCK DRIVER: 4 Axle Truck $12.01 $1.52 TRUCK DRIVER: Distributor
$13.22 $2.01 TRUCK DRIVER: Dump Truck $10.84 $1.43 TRUCK DRIVER: Lowboy Truck $12.00 ------------------------------------------------------------------------------------------------------------------
--------------
-FL100330 Page: 3 of 5
TRUCK DRIVER: Material Truck $13.15 $9.80 TRUCK DRIVER: Tractor Haul Truck $10.64 -TRUCK DRIVER: Water Truck $10.50 -TRUCK DRIVER: $10.29 $0.67 WELDERS -Receive rate prescribed for craft
performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only
as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the “SU” designation means that rates listed under that identifier do not reflect collectively
bargained wages and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been
an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth
a position on a wage determination matter * a conformance (additional classification and rate) ruling. On survey related matters, initial contact, including requests for summaries of
surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey
program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for
the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division
U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action)
can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200
Constitution Avenue, N. W. Washington, D. C. 20210 -------------------------------------------------------------------------------------------------------------------------------
--FL100330 Page: 4 of 5
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.)
that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board
(formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative
Review Board are final. END OF GENERAL DECISION ---------------------------------------------------------------------------------------------------------------------------------FL100330
Page: 5 of 5 S:\SHELLS\CapImprv\WageDecisions\2010\FL100330Mod1.wpd
MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden,
City Manager DATE: September 28, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 SERVICE AUTHORIZATION NO. 07-05.2/AECOM TECHNICAL SERVICES, INC. ITEM BEFORE
COMMISSION This item is before the Commission to approve Service Authorization (SA) #07-05.2, with AECOM, for the construction phase of Worthing Park. Cost of this SA is $20,260.00.
Project # 2006-061. BACKGROUND On April 6, 2010 Commission approved a consulting Service Authorization with AECOM for the design of Worthing Park. A conceptual layout was provided to
AECOM that was to be the basis for the redesign of the park. Over the months that followed several meetings took place with the owners of Worthing Place in an effort to provide a design
that would be acceptable to all parties. Plans were recently finalized and AECOM provided final contract documents and construction drawings; the City subsequently proceeded with the
bid process and has recommended a contract award. Upon approval, AECOM will conduct construction progress meetings, review shop drawings, provide responses to requests for information,
conduct periodic site visits to observe compliance with the requirements of the construction documents and conduct a substantial completion inspection. In addition, AECOM will modify
structural design drawings to accommodate the donated art sculpture for the park. FUNDING SOURCE 117-4133-572.68-19 RECOMMENDATION Staff recommends approval.
MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden,
City Manager DATE: September 22, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 CHANGE ORDER NO. 1/FOSTER MARINE CONTRACTORS, INC./SW 12TH/SW 14TH/AUBURN
AVE ITEM BEFORE COMMISSION This item is before the Commission to approve Change Order No. 1 for additional scope in the total amount of $16,907.80, for relocation of an additional twenty-eight
(28) sewer cleanouts; and to approve $1,400.00 for the removal of two (2) inlets to be paid out of the contract's Unforeseen Conditions Allowance; for the SW 12 Ave/Auburn/SW 14 Ave
Project #2010-098. BACKGROUND On May 3, 2011, Commission approved a Contract Award to Foster Marine in the amount of $1,586,019.82 for construction of improvements on SW 12 Ave./Auburn
Ave./SW 14 Ave. from SW 10 St. to W. Atlantic Ave. The scope includes new pavement, micro-surfacing, curbing, parallel parking, drainage (including swales), water main upgrades, landscaping,
decorative street lights (SW 1st St to W. Atlantic Ave) and paver crosswalks. On June 23, 2011, the City Manager approved an additional cost in the amount of $4,150.82 for electrical
changes to provide LED street light fixtures in lieu of metal halide fixtures; to be paid out of the contract's Unforeseen Conditions Allowance. Then on July 29, 2011, the City Manager
approved an additional cost in the amount of $6,301.46 for excavation and disposal of debris encountered during pipe installation; to be paid out of the Unforeseen Conditions Allowance.
On September 6, 2011, Commission approved additional scope consisting of the relocation of ten (10) Sewer cleanouts between SW 3rd and 4th St. in the amount of $6,038.50; to be paid
out of the contract's Unforeseen Conditions Allowance. On September 20, 2011, Commission approved additional scope in the total amount of $24,710.49 for relocation of twelve (12) sewer
laterals outside of the proposed sidewalk area in the block from SW 2nd St. to SW 3rd St.; two (2) additional street light poles, due to the contractor not realizing that, when the revised
electrical plan was issued changing the metal halide fixtures to LED fixtures, two additional poles were added; and the installation of 72 LF of concrete ribbon as requested by the CRA,
for 242 SW
12 Ave. Change Order No. 1 (CO #1) is for relocation of an additional twenty-eight sewer cleanouts out of the area of the proposed sidewalk, in the amount of $16,907.80. Commission approval
is also needed for a cost of $1,400.00 for removal of two (2) existing inlets. This request will be the last request for sewer cleanout relocations. The request is for the block from
Atlantic Ave. to SW 1st St., as well as the block from SW 1st St. to SW 2nd St. The quantity of 28 includes all cleanouts located on these two blocks. The possibility exists that not
all of the cleanouts will need relocation, but staff is requesting funding for all to prevent the need for further requests. Also, during construction it was discovered that there are
a total of three (3) existing inlets to be removed; but the contract pay line item quantity is one (1). Therefore, the cost of the removal of the two (2) additional existing inlets is
not included in the contract price. The cost for the additional inlet work is $1,400.00 and will be paid from the contract's Unforeseen Conditions Allowance which has an available balance
of $8,798.73. Attached, please find the cost details on Exhibits "A" & "B" to CO #1, and a Location Map. FUNDING SOURCE $1,400.00 To be funded out of the Contract's Unforeseen Conditions
Allowance; for the Inlets scope. $16,907.80 To be funded from 442-5178-536-68.04 (Water/Sewer Renewal & Replacement Fund/Improvements Other/SW 12 Av/Auburn/14 Av) after budget transfer;
for the Sewer Cleanouts scope. RECOMMENDATION Staff recommends approval of Change Order No. 1 for additional scope in the total amount of $16,907.80, for relocation of an additional
twenty-eight (28) sewer cleanouts; and approval for the amount of $1,400.00 for the removal of two (2) inlets to be paid out of the contract's Unforeseen Conditions Allowance; for the
SW 12 Ave/Auburn/SW 14 Ave Project.
MEMORANDUM TO: Mayor and City Commissioners FROM: Begoña Krane, Engineer Richard C. Hasko, P.E., Environmental Servies Director THROUGH: David T. Harden, City Manager DATE: September
26, 2011 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 REJECTION OF ALL BIDS/PAVEMENT ASSESSMENT PROJECT ITEM BEFORE COMMISSION This item is a staff recommendation
that Commission reject all bids received for the City's Pavement Assessment Project and authorize staff to rebid the project with a modified scope. BACKGROUND The Engineering Division
developed a scope of services for a city-wide pavement assessment program for the purpose of establishing a criteria driven condition rating of all city streets to be used in developing
an asset management database for roadway related infrastructure. This database will be used for determining priorities for annual street reconstruction funding as well as identifying
the most cost effective rehabilitation method for any particular street segment based on its condition. The scope of services generally includes a roadway inventory and pavement condition
analysis using GIS focused technology compatible with the Cartegraph PavementView asset management module, and provision of that Cartegraph module as a deliverable. Out-of-vehicle site
survey and evaluation methods are required as well as digital imagery of sample locations. A street sign inventory is also included in the project scope. The budget for this project
is $50,000. Proposals for the performance of the project scope were solicited as RFP No. 2011-23, advertised on July 24, 2011, and responses were opened on August 18, 2011. Only one
responsive proposal was received; submitted by Absolute Civil Engineering Solutions LLC, in the amount of $347,971.20. A second proposal was received from Transmap Corporation, however
the schedule of pricing in that submittal was incomplete and, since a total dollar amount could not be determined, it was considered nonresponsive. Subsequent inquiries by staff indicate
that the allocated budget is, in fact, commensurate with the established scope with the exception of the provision of the Cartegraph PavementView module. Staff requests that Commission
reject the proposal by Absolute Civil Engineering Solutions LLC., and authorize rebidding of the project, removing the requirement to provide the Cartegraph PavementView module from
the base scope. RECOMMENDATION Staff recommends rejection of all bids for the pavement assessment project and rebidding the project with a modified scope.
Adsolute Civil Engineering Solutions LLC ITEM EST. UNIT No. DESCRIPTION UNIT QUAN. PRICE TOTAL 1 Roadway Inventory and Inspection Mile 167 611 $ 102,037.00 2 Parking Lot Inventory and
Inspection SF 435740 0.12 $ 52,288.80 3 Parking Lot Inventory and Inspection Mile 167 365 $ 60,955.00 4 Digital Images/Video(Parking Lot) SF 435740 0.06 $ 26,144.40 5 GIS Integration
Mile 167 234 $ 39,078.00 6 CarterGraphis’s Pavement View Sofware/License/Training/Support Mile 167 234 $ 39,078.00 TOTAL $319,581.20 Alternative A A-1 sodding Mile 167 170 $ 28,390.00
$ -TOTAL $347,971.20
I-95 W Linton Blvd S Military Trl Live Oak Blvd S Congress Ave SW CSX Railroad Old Germantown Rd Sherwood Blvd Orchard Ln Lakeview Blvd SW 22nd Ave Homewood Blvd Dover Rd Lakeview Dr
Valencia Dr Bridlewood Cir Via Verona SW 11th Ct SW 35th Ave Cherry Laurel Ln SW 12th Ct SW 13th St SW 15th St Las Verde s Way SW 26th Ter SW 22nd Cir Linton Lakes Dr Ironwood Dr Arelia
Dr S Spanish Wells Dr Arelia Dr N SW 29th St White Cedar Ln Boxwood Dr Tree Fern Dr SW 36th Ave Hampton Cir N N Citation Dr Ilene Ct E Hampton Cir S Rose Apple Dr Hampton Cir E Hammock
Cir Black Olive Blvd S Citation Dr Lakeland Dr Mahogany Way Greenbriar Dr SW 20th Ter Temple Dr Knight Ln Catherine Dr Catherine Dr N S Palm Forest Dr N Palm Forest Dr Juniper Dr Windham
Ct Duke Ln Catherine Dr S Needham Ct Garden Dr SW 21st Ter SW 27th Ave P reserve Dr Sweet Bay Dr Sabalwood Ct Peer Ln Ilene Ct S Genoa Way SW 17th Cir San Juan Dr Salerno Way E Rabbit
Hollowe Cir Pansy Ln SW 24th Ln Whispering Oaks Ln S River Birch Cir Begonia Ct Lakeview Greens Augusta Cir San Clara Dr Azalea Ct Cactus Ter SW 21st Ave Carnation Ct Malayan Dr Shadywood
Dr Dracaena Ct Croton Ln Shady Ln I-95 SW 13th St I-95 I-95 I-95 I-95 SW 22nd Ave I-95 I-95 SW 20th Ter I CITY of DELRAY BEACH ROAD NAME ATLAS BOOK ENVIRONMENTAL SERVICES DEPARTMENT
SHEET 01
I-95 W Atla ntic Ave Lowson B lvd S Military Trl Hamlet Dr France s Dr North Dr S Congress Ave South Dr SW CSX Railroad Barwick Rd Sherwood Blvd Homewood Blvd Maurice Dr Village Dr Lakeview
Blvd N Congress Ave NW 3rd Ct SW 20th Ct Lakefront Blvd Canalview Dr SW 17th Ave Coral Trace Blvd NW 4th St NW CSX Railroad Davis Rd Lago Rd SW 28th Ave SW 29th Ave Barrett St Club Dr
W Circle Dr Ross Dr Greenswar d Ln Depot Ave Fiore Way Conklin Dr Whatley Rd Nesting Way Brady Blvd NW 18th Ave Pine Lake Dr Markland Ln Casita Way Zorno Way SW 10th St Via D' Este Estate
s Dr SW 11th Ct Lincoln Rd Glenwood Dr High Point Blvd Camino Rd Oakview Dr Casa Way Franwood Dr Ellwood Dr NW 46th Ave Sunset Dr High Point Dr Gallagher Rd SW 27th Ave SW 6th St NW
2nd St NW 41st Ave Dover Rd Je fferson Rd High Point Blvd N Club Dr SW 15th Ter Del Aire Blvd 143rd Pl Commerce Dr SW 2nd St Glenview Dr Coconut Key Ln Sutton Pl S Sherwood Forest Dr
Almar Blvd Elmhurst Dr NW 3rd St Lee Rd W Circle Ter W SW 20th Ter S Drive Ter NW 2nd Ln SW 27th Ter NW 3rd Dr Sunset Pines Dr Knight Ln Coral Trace Ln Lee Rd E Pine view Cir S Par Cir
East Dr Wildwood Dr S High Point Pl Oakview Ct West Dr S Clearbrook Cir Pine Grove Dr Coral Trace Cir E S Drive Cir McNab Rd Lincoln Ln Citrus Way N Clearbrook Cir Coral Trace Cir W
SW 5th St Lancaster Ln SW 10t h Ct S La Sedona Cir Lakewoode Cir W Flame Vine Ave NW 1st St N La Sedona Cir W Astor Cir Pine Lake Ct Owens Baker Rd Fountains Way SW High Point Way SE
High Point Way Coral Trace Cir S High Point Ct W Highland Ave High Point Ter W Cocoplum Way E Foxpointe Cir Regal Ct S Regal Ct N Coral Trace Pl High Point Dr E Lee Rd N Kingsley Pl
High Point Blvd W Lee Rd S Greenstone Dr W Chrystie Cir 52nd Ave S NW 2nd Ct N Par Cir High Point Ct E E Prive Cir Lakewoode Cir E E Astor Cir SW 3rd St E Chrystie Cir Delancey Ave N
Palm Ln E La Sedona Cir Doctor Carol Krol Way NW 24th Ave NW 40th Ter High Point Way NW 3rd Ct I-95 I-95 I-95 I-95 NW 3rd St High Point Dr I-95 NW 2nd St I-95 I-95 High Point Blvd I-95
I-95 NW 3rd St I CITY of DELRAY BEACH ROAD NAME ATLAS BOOK ENVIRONMENTAL SERVICES DEPARTMENT SHEET 02
Lake Ida Rd Davis Rd Barwick Rd I-95 S Military Trl North Dr N Congress Ave Village Dr Dorson Way NW 22nd Ave Angler Dr Brandon Dr Lone Pine Rd NW 17th Ave NW 3rd Ct NW 6th Ct Udell
Ln NW CSX Railroad Dolphin Dr NW 4th St NW 5th St Nesting Way Riviera Dr NW 10th St Fenton Dr NW 6th St NW 20th Ave NW 18th Ave N Rainberry Cir Modern Dr Coral Way NW 18th St N Sabal
Lakes Rd Ferndale Dr S Rainberry Cir Cortez Ln NW 7th Ct Bexley Park Dr W N Satin Leaf Ct Lawrence Rd Highgate Dr Blvd Chatelaine NW 15th St Fern Ln S Sabal Lakes Rd NW 37th Ave 133rd
Rd S High Point Blvd N E Lancewood Pl Depot Ave Pinetree Dr NW 8th St NW 23rd Ln NW 12th St Sunflower Ave Pl Chateau NW 9th St Danson Way NW 3rd Dr Country Ma nors Blvd Pl Tavant Sunrise
Blvd NW 46th Ave Ave Villandry Riverside Way Coral Trace Cir N NW 26th Ave Palm Ri dge Blvd W Magnolia Cir Ave Mo ntressor Lincoln Ln NW 45th Dr Classi cal Blvd S NW 19th Ter 48th Trl
S NW 32nd Ave NW 13th Ct Ross Dr Classical Blvd N NW 14th St NW 47th Ave Ave Degien Rainberry Lakes Dr N M agnolia Cir Classical Blvd E NW 30th Ave NW 45th Way Pl Valencay NW 25th Ave
NW 16th St S Sea Grape Cir E Magnolia Cir NW 51st Ave NW 13th St S Lancewood Pl Snapper Way NW 31st Ave E Satin Leaf Ct NW 53rd Ave N Laurelwood Ln N Sea Grape Cir NW 24th Ave Ave Serrant
Bluebird Ln NW 10th Pl NW 21st Way NW 15th Pl Ruth Ln Meadowlark Ln Lan cewood Pl S Congress Ave NW 21st Ter Ridgewood Dr Fountains Way NW 39th Ave Doctor Carol Krol Way NW 43rd Ave
NW 22nd Ct Palm Ridge Blvd NW 20th Ave NW 14th St NW 13th St Angler Dr NW 24th Ave I-95 NW 10th Pl NW 23rd Ln NW 19th Ter Dolphin Dr NW 10th St NW 12th St NW 10th St NW 7th Ct N Congress
Ave NW 23rd LnNW 25th Ave NW 18th Ave NW 7th Ct NW 3rd Ct NW 9th St NW 12th St NW 18th St Cortez Ln NW 9th St NW 19th Ter I CITY of DELRAY BEACH ROAD NAME ATLAS BOOK ENVIRONMENTAL SERVICES
DEPARTMENT SHEET 03
I-95 S Dixie Hwy S Federal Hwy W Linton Blvd SE FEC Railroad S Congress Ave Lindell Blvd SW CSX Railroad Intracoastal Waterway S Ocean Blvd Florida Blvd Eve St SW 4th Ave SW 10th Ave
Iris Dr Ibis Dr Jaeger Dr Egret Cir Ave L Southridge Rd Spanish Trl SW 22nd Ave Heron Dr Ave F Crystal Way Wallace Dr Dunlin Rd Avocet Rd Tropic Blvd Lavers Cir Curlew Rd Audubon Blvd
Lamat Ave Ave G Pelican Way Eagle Dr Dogwood Dr Zeder Ave Albatross Rd Jasm ine Dr Banyan Dr Cypress Dr SW 8th Ave Fern Dr Dotterel Rd Bolender Dr SW 11th Ct Carl Bolter Dr Ga rdenia
Dr Hya cinth Dr Sundy Ave Fulmar Dr Old Germantown Rd Sterling Ave McCleary St Cormorant Rd E SW 12th Ct SW 13th St Allamanda Dr Linton Lakes Dr White Dr SW 22nd Cir Alta Meadows Ln
Gallinule Dr SW 29th St D ouglas Ave Cardinal Dr Brooks Ln Bunting Dr Georgia St Mallard Dr Poinsettia Dr Ilene Ct E Harbor Cir Kingbird Cir Blue Jay Rd Evergreen Dr Mahogany Way Osprey
St Waterford Pl Eagle Cir SW 20th Ter Milfred St E Linton Blvd Captains Walk Tropic Isle Dr Hummingbird Dr Del Haven Dr Cat herine Dr Catherine Dr N Ave H Cormorant Rd S Delray Bay Dr
Canal Pt S Ella St Catherine Dr S SW 21st Ter Benjamin Ave Ave C Linnet Cir Collins Ave Rhodes Vi lla Ave Ilene Ct S Old Dixie Hwy Bosun Way S Latitude Cir Jasmine Ct SW 21st Ave Frederick
Blvd N Latitude Cir Harbourside Dr Tangelo Ter Banyan Tree Ln W Admirals Way S Ocean Blvd I-95 SW 22nd Ave I-95 Dotterel Rd I-95 I-95 I-95 Spanish Trl Spanish Trl I-95 I-95 SW 20th Ter
I CITY of DELRAY BEACH ROAD NAME ATLAS BOOK ENVIRONMENTAL SERVICES DEPARTMENT SHEET 04
I-95 SW 10th St SW 4th Ave W Atla ntic Ave SW 8th Ave SW 3rd S t S Ocean Blvd SE 4th Ave SE 6th Ave SE 5th Ave SE 3rd Ave NW 2nd St SW 6th Ave S Swinton Ave Intracoastal Waterway SW
4th St SE FEC Railroad SW 1st St SW 5th Ave SW 7th Ave S Congress Ave SW CSX Railroad E Atlantic Ave NE 1st St NE 2nd S t SE 1st St Seagate Dr SE 7th Ave SW 9th St SE 2nd St Venetian
Dr SE 4th St Sea Sage Dr Gleason St SW 14th Ave NE 1st Ave NE 5th Ave NE 6th Ave NE 7th Ave NW 3rd St SW 1st Ave NW 8th Ave NW 7th Ave NW 6th Ave NW 5th Ave NW 4th Ave NE 2nd Ave NW
3rd Ave SE 10th St SE 7th St SW 2nd Ave NW 10th Ave NW 1st Ave SE 3rd St Andrews Ave NE 3rd St SW 3rd Ave N Ocean Blvd N Congress Ave SW 9th Ct N Swinton Ave SE 8th St SE 9th St NE 3rd
Ave SW 20th Ct NW 9th Ave SE 2nd Ave Auburn Ave SE 6th S t NE FEC Railroad SW 17th Ave NW CSX Railroad Palm Trl Bay St Davis Rd NW 13th Ave Lowson Blvd NW 2nd Ave SW 8th St SW 8th Ct
NW 14th Ave Ross Dr Depot Ave Lowry St SE 5th St Miramar Dr Thomas St SW 11th St NE 4th Ave Reigle Ave Bucida Rd NW 18th Ave NE 8th Ave SW 7th St S Dixie Hwy Marine Way SW 11th Ct Southridg
e Rd Lee St NW 11th Ave NW 12th Ave SW 16th Ave Railroad Ave Seaspray Ave Nas sau St S Federal Hwy Sterling Ave Ingraha m Av e Wallace Dr Laing St Miami Blvd MacFarlane Dr East Rd SW
7th Ct SW 15th Ter Casuarina Rd N Vista Del Ma r Dr SE 1st Ave Commerce Dr Auburn Cir N Palm Sq Brooks Ln Douglas Ave Bauhinia Rd SW 20th Ter Poinsettia Dr Mango Dr SW 10th Ave NE 1st
Ct SW 3rd Ct SW 6 th St SW 15th Ave Melaleuca Rd Auburn Cir W Coral Trace Cir E SW 13th Ave SW 12th Ave McNab Rd Lincoln Ln SW 11th Ave Citrus Way SE 12th Rd SW 9th Ave Prospect St Lewis
Cove Rd SW 10th Ct Salina Ave NW 1st St NW 3rd Ter SW 12th Ter Owens Baker Rd Collins Ave Roosevelt Ave NW 15th Ave Waterway Ln L anger Way Ventnor Ave N Basin Dr SW 2nd St Poinsettia
Rd Palm Ave Harbourside Dr N Coda Cir Carissa Rd NW 3rd Ct Coralina Ln SW 2nd Ter Tamarind Rd Doctor Carol Krol Way Lilly Ln SE 9th Ct E Mallory Cir E Longport Cir SE 7th Ave SW 14th
Ave SE 1st Ave SW 9th Ave I-95 I-95 SE 1st Ave NW 1st St NW 12th Ave SW 6th St SW 15th Ave I-95 I-95 SW 6th St SW 7th Ave S Federal Hwy NW 1 st St I-95 SW 8th Ct SW 12th Ave NE 4th Ave
NE 3rd St SE 3rd St SE 2nd Ave SE 2nd Ave SW 7th St SW 1st St SW 10th Ave SE 5th S t SW 15th Ave NW 3rd St SW 2nd Ave I-95 I-95 SW 7th St SW 3rd Ct SW 2nd Ave SW 7th St SW 8th St SE
1st Ave SW 10th Ave SW 13th Ave I CITY of DELRAY BEACH ROAD NAME ATLAS BOOK ENVIRONMENTAL SERVICES DEPARTMENT SHEET 05
I-95 Lake Ida Rd N Swinton Ave NE 2nd Ave NE FEC Railroad N Ocean Blvd Intracoastal Waterway N Federal Hwy NE 3rd Ave NW 4th Ave NE 8th Ave Palm Trl NW CSX Railroad N Congress Ave NE
4th St NE 5th Ave NE 6th Ave George Bu sh Blvd Davis Rd N Old Dixie Hwy NE 7th Ave NW 22nd Ave NW 2nd Ave NW 7th St NW 11th St Lake Ida Park Rd NW 12th St NW 17th Ave Enfield Rd NE 22nd
St Beach Dr NE 9th St NE 13th St NE 16th St NE 12th St Seacrest Blvd NE 11th St N Dixie Blvd NE 10 th St NW 18th St NW 22nd St NE 14th St Andrews Ave North Rd NW 3rd Ave Depot Ave NE
9th Ave Harbor Dr Allen Ave Bond Way Lake Shore Dr Old Dixie Hwy NE 5th St NE 19th St Pelican Ln Anchor Pt NW 20th Ave NW 18th Ave NW 16th St NW 15th St Go lfview Dr Island Dr Delray
Lakes Dr Gulfstream Blvd Lee St Ave Au Soleil Seaspray Ave Angler Dr Enfield Ct Lake Dr NW 13th St Laing St Grove Way NE 15th St NW 5th Ave S Lake Ave N Lake Ave Ko komo Key Ln NE 17th
St Dorson Way Gardenia Ter NW 9th Rd NW 10th Ave Eldorado Ln Sunshine Dr De Carie St Lake Ct NE 7th St Highland Ln Roosevelt Ave Estuary Way Webb Ave NW 6 th St NW 8th Ave Pine Ln Dale
Ln NE 16th Ct NE 18th St NE 21st St NE 5th Ct Gulfstream Dr NE 1st Ave NW 17th St NE 5th Ter Orchid Ln NE 20th St Tangerine Trl Lincoln Ln Prospect St NE 6th St NW 4th Ter NW 6th Ave
NW 19th Ter Ross Dr NW 7th Ave Aylesbury Rd Palm Ct Rainberry Lakes Dr Fisher Ln Hibiscus Ln Beverly Dr Crestwood Dr Southways NE 22nd Ln Denery Ln Wiggins Rd Lake Trl NW 1st Ave Coconut
Rd Avocado Rd Canoe Pt Cardinal Cir NW 9th St Waterway Ln NW 24th St Hidde n Harbor Dr Eastview Ave NW 24th Ct NW 14th St Driftwood Lndg NW 10th St NW 8th St NW 25th St N Palm Trl NW
15th Pl NW 3rd Ct Estuary Trl Witherspoon Ln S Congress Ave Lake Eden Way NW 25th Ct Harbor Ct S Swinton Cir N Swinton Cir Fountains Way Doctor Carol Krol Way Hammond R d NW 18th Ave
NE 3rd Ave NW 14th St NW 19th Ter NW 18th St NW 12th St NE 22nd Ln Lake Dr NE 7th St NW 19th Ter I-95 NW 8th Ave NE 17th St Lake Dr Palm Trl NW 4th Ave NW 3rd Ave NW 16th St NW 5th Ave
NW 2nd Ave Lake Dr NW 18th St NW 20th Ave NE 3rd Ave NW 4th Ave NW 6th Ave NW 3rd Ave NE 5th St Gulfstream Blvd NW 17th St N Congress Ave NE 6th St NW 1st Ave I CITY of DELRAY BEACH
ROAD NAME ATLAS BOOK ENVIRONMENTAL SERVICES DEPARTMENT SHEET 06
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 23, 2011 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 RESOLUTION
NO. 51-11 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on 12 properties throughout the City. BACKGROUND The resolution
sets forth the actual costs incurred and provides the mechanisim to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution
No. 51-11.
RESOLUTION NO. 51-11 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 100.21 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 100.21 and
100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) 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 five
(5) days from the date of delivery 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,
2 Res. No. 51-11 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 to 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, FLORIDA, 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 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 Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the
property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to 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 at the October 4, 2011 meeting
has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other
costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after
which a lien shall be placed on said
3 Res. No. 51-11 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 of the certified
copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable
attorney's fee. PASSED AND ADOPTED in regular session on this 4th day of October, 2011. ________________________________________ M A Y O R ATTEST: ____________________________________
City Clerk This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 1st Avenue Delray Beach, Florida 33444
COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER 4677 WEST ATLANTIC AVENUE 13-46-42, S 540 FT OF W 1/2 OF E OF W 1/2 OF NE 1/4 OF SW 1/4
LYG N OF SR 806 PCN 12 42 46 13 00 000 7060 CASE NO. NA11-15492 Discount Auto Parts, Inc. % NRAI Services Inc. Reg Agt 515 E Park Avenue Tallahassee, FL 32301 $ 97.12 Inv. No. 37100
$ 55.00 Admin Fee $ 152.12 14960 WHATLEY RD COUNTRY CLUB ACRES 1ST ADD LOT 34 (LESS S 1/2) & S 37.5 FT OF LOT 35 PCN 12 42 46 13 02 000 0341 CASE NO. NA11-15586 Grayhawk Development
Corp % Lawrence B. Hawkins, Reg Agt. 4570 Lake Worth Road #B-1 Lake Worth, FL 33463 $ 87.95 Inv. No. 37101 $ 55.00 Admin Fee $ 142.95 LOT WEST OF 4928 JEFFERSON ROAD COUNTRY CLUB ACRES
2ND ADD LOTS 68 AND 69 PCN 12 42 46 13 03 000 0680 CASE NO. RN11-16956 Arturo and Marta I. Gutierrez 3621 NW 108th Drive Coral Springs, FL 33065-2710 $ 97.10 Inv. No. 37102 $ 55.00 Admin
Fee $ 152.10 213 SW 6TH AVENUE TOWN OF DELRAY LOT 16 BLOCK 23 PCN 12 43 46 16 01 023 0160 CASE NO. NA11-15547 Michael J. Steinbach 3000 Whitney Avenue #118 Handen, CT 06518-2353 $ 175.85
Inv. No. 37103 $ 55.00 Admin Fee $ 230.85 355 NORTH CONGRESS AVENUE L L PARK OF COMMERCE REPL PAR B PCN 12 43 46 18 43 002 0000 CASE NO. NA11-15191 Bentley CKS, Inc. % Sam Caliendo,
Reg. Agt 900 Glades Road #200 Boca Raton, FL 33431 $ 187.50 Inv. No. 37104 $ 55.00 Admin Fee $ 2 42.50 ASSESSMENT VIOLATION IS: SECTION 100.01 – LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE RES NO. 51-11.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER 1107 SW 7TH AVENUE RIDGEWOOD HEIGHTS DELRAY N 35 FT OF LOT 3 BLOCK D PCN 12 43 46 20
20 004 0032 CASE NO. NA11-15772 Pinot IV LLC Department 5193 P.O. Box 2153 Birmingham, AL 35297-0002 $ 87.90 Inv. No. 37105 $ 55.00 Admin Fee $ 142.90 326 NW 7TH AVENUE TOWN OF DELRAY
S 50 FT OF E 135 FT OF N 1/2 & E 8 FT OF ABNDED ALLEY LYG W OF & ADJ THERETO BLOCK 1 PCN 12 43 46 16 01 001 0050 CASE NO. NA11-15926 A Reading & Math Academy II Inc. % Mellaine M. Stewart
Reg Agent 2916 Shaughnessy Drive West Palm Beach, FL 33414-6498 $ 87.25 Inv. No. 37107 $ 55.00 Admin Fee $ 142.25 307 NW 12TH AVENUE POINCIANA HGTS OF DELRAY BEACH LOT 31 PCN 12 43 46
17 40 000 0310 CASE NO. NA11-16022 Jerome Jackson 307 NW 12th Avenue Delray Beach, FL 33444 $ 57.80 Inv. No. 37108 $ 55.00 Admin Fee $ 112.80 921 ALLAMANDA DRIVE TROPIC ISLE 2ND SECTION
LOT 142 PCN 12 43 46 28 02 000 1420 CASE NO. NA11-15580 Marcelo Poguio 15 Sleepy Hollow Road Tarrytown, NY 10591-1516 $ 51.90 Inv. No. 37109 $ 55.00 Admin Fee $ 106.90 ASSESSMENT VIOLATION
IS: SECTION 100.01 – LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE 2 RES NO. 51-11.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER 1860 MARTY FLADELL DRIVE 18-46-43, NE 1/4 OF SW 1/4 OF SW 1/4 OF SE 1/4 OF NE 1/4 (LESS
E 20 FT, N 25 FT RD R/W & NLY 133.18 FT OF S 206 FT OF ELY 129 FT) PCN 12 43 46 18 00 000 1220 CASE NO. NA11-15745 1860 NW 1ST LLC % Theresa Bowman, Reg Agent 14339 Smith Sundy Road
Delray Beach, FL 33446 $ 127.80 Inv. No. 37112 $ 55.00 Admin Fee $ 182.80 2432 SOUTHRIDGE ROAD SOUTHRIDGE LOT 4 BLOCK 9 PCN 12 43 46 20 13 009 0040 CASE NO. NA11-16374 Kerry Barberet
2432 Southridge Road Delray Beach, FL 33444 $ 77.90 Inv. No. 37113 $ 55.00 Admin Fee $ 132.90 14950 WHATLEY ROAD COUNTRY CLUB ACRES 1ST ADD LOT 35 (LESS S 37.5 FT) & LOT 36 PCN 12 42
46 13 02 000 0351 CASE NO. NA11-15585 Grayhawk Development Corp % Lawrence B. Hawkins, Reg Agt 4570 Lake Worth Road #B-1 Lake Worth, FL 33463 $ 100.00 Inv. No. 37114 $ 55.00 Admin Fee
$ 155.00 ASSESSMENT VIOLATION IS: SECTION 100.01 – LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE 3 RES NO. 51-11.xls
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: September 28, 2011 SUBJECT: AGENDA ITEM 8.I.
-REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 HOUSING REHABILITATION GRANT/CONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation contract to
be awarded to the lowest responsive bidder in the amount of $32,637.64. Funding for the project is through the SHIP Housing Rehabilitation grant. BACKGROUND Approval is requested for
one (1) Housing Rehabilitation contract to be awarded to the lowest responsive bidder for the following projects: n 336 SW 11th Avenue, Built Solid Construction, LLC./$30,431.54 = Total
Rehab cost: $32,637.64 Awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Total rehab cost also includes
lead inspection, lead abatement, lead clearance, termite inspection, termite treatment and recording fees, where applicable. Additional cost may be incurred for lead clearance test(s).
The contingency may be used for change orders, and all unused funds will remain with the SHIP Housing Rehabilitation program. Inspection of work is done by the Department of Community
Improvement’s Building Inspection and Neighborhood Services Divisions. Contracts are executed between the building contractor and the property owner. The City remains the agent and this
office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner’s
signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum
code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available
for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest
responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division’s professional
in-house estimate. This serves to disqualify unreasonably low bids and therefore, protect
against the resulting change order requests. FUNDING SOURCE State Housing Initiatives Partnership 118-1924-554-49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation
contract to the lowest responsive bidder in the amount of $32,637.64.
BID/QUOTE #: BID # 17-2011NS APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: August 9, 2011 DATE OF BID OPENING: September 6, 2011 GENERAL CONTRACTORS BID AMOUNT BID BOND Abisset Corporation
$ -All Phase Roofing $ 36,573.00 All-Site Construction, Inc. $ -ARZ Builders, Inc. $ -Built Solid Construction, LLC $ 30,431.00 Citywide Construction Services, Inc. $ -CJ Contracting,
LLC $ 36,365.00 Cordoba Construction Co. $ -Jemstone Construction Group, Inc. $ -JIJ Construction Corp. $ -KM Construction Inc. $ -MacDonald Construction Company of Palm Beach $ -Ray
Graeve & Sons Construction, Inc. $ 33,855.00 South Florida Construction Services, Inc. $ 31,040.00 Sunband Builders Construction Inc. $ 34,315.00 In-House Estimate: $ 30,906.54 RECOMMENDED
CONTRACTOR: Built Solid Construction, LLC BID/CONTRACT AMOUNT : $ 30,431.00 Contingency $ 1,000.00 $ 31,431.00 Lead Inspection 450.00 Lead Clearance N/A Termite Inspection N/A Termite
Treatment 667.44 Recording Fees 89.20 GRANT CONTRACT AMOUNT 32,637.64 FUNDING SOURCE: State Housing Initiatives Partnership Account # 118-1924-554-49.19 COMMENTS: Recommend project to
be awarded to lowest responsive bidder. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET Otis Williams 336 SW 11th Ave
BID /QUOTE NUMBER: BID # 17-2011NS OWNER: ADDRESS: 336 SW 11th Ave BID ADVERTISEMENT DATE: August 9, 2011 BID OPENING DATE: September 6, 2011 Otis Williams In-House All Phase Roofing
Built Solid Construction, LLC CJ Contracting, LLC. Ray Graeve & Sons Construction, Inc. South Florida Construction Services, Inc. Sun Band Builders Construction 1 House Numbers $ 5 0.00
$ 35.00 $ 95.00 $ 50.00 $ 50.00 $ 75.00 $ 30.00 2 Install Cementitious Siding $ 5 14.08 $ 725.00 $ 1,175.00 $ 600.00 $ 1,800.00 $ 740.00 $ 975.00 3 Install Exterior Door $ 1 ,450.00
$ 1,200.00 $ 1,350.00 $ 1,400.00 $ 1,075.00 $ 1,300.00 $ 1,100.00 4 Install Impact Windows $ 4 ,950.00 $ 8,190.00 $ 5,300.00 $ 6,900.00 $ 6,875.00 $ 6,180.00 $ 7,350.00 5 Paint House
Complete $ 1 ,478.46 $ 1,800.00 $ 2,200.00 $ 1,450.00 $ 2,350.00 $ 2,780.00 $ 1,900.00 6 Repair Porch Structure $ 2 ,808.00 $ 5,525.00 $ 1,656.00 $ 5,000.00 $ 1,350.00 $ 1,210.00 $ 1,700.00
7 Install Base trim $ 5 40.00 $ 675.00 $ 1,500.00 $ 750.00 $ 975.00 $ 700.00 $ 660.00 8 Install Cabinets and Counter Top $ 4 ,800.00 $ 4,160.00 $ 3,200.00 $ 3,950.00 $ 4,975.00 $ 5,260.00
$ 5,900.00 9 Install Carpet $ 8 84.00 $ 900.00 $ 1,900.00 $ 1,400.00 $ 850.00 $ 925.00 $ 1,200.00 10 Install Interior Door $ 6 90.00 $ 775.00 $ 1,125.00 $ 750.00 $ 875.00 $ 1,050.00
$ 1,725.00 11 Install Medicine Cabinet $ 2 20.00 $ 125.00 $ 225.00 $ 140.00 $ 100.00 $ 50.00 $ 200.00 12 Paint Interior Complete $ 2 ,482.00 $ 2,200.00 $ 1,800.00 $ 1,900.00 $ 2,675.00
$ 2,080.00 $ 1,900.00 13 Repair Drywall $ 1 ,968.75 $ 800.00 $ 1,235.00 $ 1,300.00 $ 475.00 $ 550.00 $ 1,200.00 14 Replace Ceramic Floor Tile $ 4 81.25 $ 300.00 $ 325.00 $ 550.00 $ 425.00
$ 280.00 $ 250.00 15 Install Kitchen Sink $ 3 75.00 $ 595.00 $ 365.00 $ 280.00 $ 375.00 $ 380.00 $ 450.00 16 Install Toilet $ 3 50.00 $ 300.00 $ 385.00 $ 320.00 $ 375.00 $ 350.00 $ 450.00
17 Install Tub/Shower with Grab Bars $ 1 ,800.00 $ 2,500.00 $ 1,900.00 $ 3,900.00 $ 2,200.00 $ 2,100.00 $ 1,200.00 18 Install Vanity w/Sink $ 7 45.00 $ 995.00 $ 435.00 $ 650.00 $ 575.00
$ 700.00 $ 575.00 19 Install Water Heater $ 6 00.00 $ 600.00 $ 675.00 $ 750.00 $ 680.00 $ 525.00 $ 750.00 20 Carbon Monoxide/Smoke Detectors $ 8 00.00 $ 1,020.00 $ 895.00 $ 1,000.00
$ 725.00 $ 875.00 $ 1,200.00 21 Install 150 Amp Service $ 1 ,350.00 $ 1,620.00 $ 1,175.00 $ 2,000.00 $ 2,300.00 $ 1,540.00 $ 1,900.00 22 Install Exterior Light Fixtures $ 2 30.00 $ 195.00
$ 200.00 $ 140.00 $ 225.00 $ 150.00 $ 150.00 23 Install Interior Light Fixtures $ 1 95.00 $ 293.00 $ 300.00 $ 185.00 $ 275.00 $ 180.00 $ 150.00 24 Repair Electrical Service $ 1 ,145.00
$ 1,045.00 $ 1,015.00 $ 1,000.00 $ 1,275.00 $ 1,060.00 $ 1,400.00 25 26 27 28 TOTAL $ 3 0,906.54 $ 36,573.00 $ 30,431.00 $ 36,365.00 $ 33,855.00 $ 31,040.00 $ 34,315.00 Recommend project
to be awarded to lowest responsive bidder.
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 27, 2011 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 AMENDMENT
NO. 1 TO THE INTERLOCAL AGREEMENT/TOWN OF GULF STREAM ITEM BEFORE COMMISSION The attached amendment between the City and the Town of Gulf Stream provides for an increase in the fee paid
to the City based upon the Town's annexation of additional property. BACKGROUND The City entered into an Interlocal Agreement with the Town of Gulf Stream on July 14, 2009, to provide
fire and emergency medical services to the Town. The initial fee was based upon the fire operations budget, of the City, as well as the populations of the City and the Town. The increase
in the service fee charged is based upon the increase in population of the Town resulting from the annexation of additional property earlier this year by the Town. The increase, based
upon the population of the annexed area, will begin on the annexation date, March 15, 2011, however the payment increase for the period from March 15, 2011 to September 30, 2012 will
not be required to be made to the City until December 31, 2012. Starting on October 1, 2012, the Town’s monthly fee payment will reflect the increased fee due to the annexed area. The
terms of this Amendment were previously discussed and approved at the August 2, 2011 Commission meeting. RECOMMENDATION Staff recommends approval of this Amendment No. 1.
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 27, 2011 SUBJECT: AGENDA ITEM 8.K.
-REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 SPECIAL EVENT REQUEST/14TH ANNUAL BED RACE ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for the
14th Annual Bed Race sponsored by the Delray Beach Marketing Cooperative proposed to be held on October 28, 2011 from 5:30 p.m. until 8:00 p.m., to grant a temporary use permit per LDR’s
Section 2.4.6.(F) for the use and closure of NE 2nd Avenue from Atlantic Avenue to NE 1st Street from 2:00 p.m. to 9:00 p.m., to authorize staff support for traffic control and security,
EMS assistance, trash removal and clean up, barricading, use and set up of half of the small stage, and preparation and installation of event signage. BACKGROUND Attached are an event
permit request, site plan, budget and Arts and Economic Prosperity Calculator received from Sarah Martin for the Delray Beach Marketing Cooperative, the producer, for this event. Alcohol
will be sold in a beer tent on the Old School Square Park grounds and the applicant will keep customers from leaving this secured area. Staff assistance is being requested as stated
above. Estimated overtime costs are $2,655, stage rental cost is $265, barricades $500, signage $250 and trash boxes $35 for a total cost of $3,705. Based on the Special Event Policies
and Procedures, the charge for City services will be approximately $1,729; $929 for overtime, $265 for stage rental, $500 for barricade rental and $35 for trash boxes. RECOMMENDATION
Staff recommends approval of the event, the temporary use permit and staff assistance as requested contingent on the sponsor providing a Certificate of Liquor Liability Insurance within
ten (10) days of the event and a copy of the Temporary Liquor License five (5) days prior to the event.
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 28, 2011 SUBJECT: AGENDA ITEM 8.L.
-REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 SPECIAL EVENT REQUEST/HALLOWEEN PARADE ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for the Annual
Halloween Parade sponsored by the Noontime Rotary Club to be held on October 29, 2011 from 1:30 p.m. until approximately 2:30 p.m. Commission is also requested to approve a temporary
use permit per LDR’s Section 2.4.6(F) for the rolling closure of Atlantic Avenue from NE 2nd Avenue to Veterans Park and provide staff support for traffic control and security. BACKGROUND
Attached is an event permit for this event received from Mr. Harvey Brown, as well as an event budget, site plan and Economic Calculator. Participants will assemble at Old School Square
and proceed to Veterans Park. A rolling street closure will be provided by our Police staff as has been done in the past. Estimated staff costs for the event are $2,040. Per the Event
Policies and Procedures, the payment due to the City would approximately $1,530. RECOMMENDATION Staff recommends approval of the event, the temporary use permit and staff assistance
as requested contingent on the receipt of the Certification of Liability Insurance and a signed and notarized Hold Harmless Agreement by October 24, 2011.
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 27, 2011 SUBJECT: AGENDA ITEM 8.M.
-REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 SPECIAL EVENT REQUEST/25TH ANNUAL TURKEY TROT ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit for
the 25th Annual Turkey Trot sponsored by the Parks and Recreation Department to be held on November 19, 2011 from 7:00 a.m. to approximately 9:00 a.m. Commission is also requested to
grant a temporary use permit per LDR’s section 2.4.6(F) for the closure and use of A-1-A from Casurina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and to authorize
staff support for traffic control, barricading, clean up, use of half of small stage, event signage and waiver of parking meter fees for Sandoway, Ingraham and Anchor Parking Lots, as
well as along Atlantic Avenue from Venetian to A-1-A from 6:00 a.m. until approximately 10:00 a.m. BACKGROUND Attached is a permit request received from Danielle Beardsley, Marketing
Coordinator, for this event, along with an event map, budget and other information. The event proceeds will benefit the Keith Straghn Feed the Hungry Thanksgiving Drive. The estimated
overtime cost for this event is $3,090, stage rental $265, barricade rental $100 and signage $250. Per event policies and procedures, since this is a City sponsored event, there will
be no charges for staff overtime or rental costs. The City is self insured. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, request for staff assistance,
and waiver of the parking meter fees from 6:00 a.m. until 10:00 a.m. for Sandoway, Ingraham, Anchor Parking Lots and along Atlantic Avenue from Venetian to A-1-A.
MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 28, 2011 SUBJECT: AGENDA
ITEM 8.N. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review
of appealable actions which were taken by various Boards during the period of September 19, 2011 through September 30, 2011. BACKGROUND This is the method of informing the City Commission
of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period
has not occurred). Section 2.4.7(E), Appeals, 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: · The item must be raised by a Commission member. · By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of September 19, 2011 No appealable items were considered by the Planning and Zoning Board. The
following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval with conditions (6 to 1, Craig Spodak dissenting), of
a conditional use request to allow the sale of Segways and Segway tours along designated routes for The Electric Experience located at 1047 East Atlantic Avenue. B. Recommended approval
(6 to 1, Al Jacquet dissenting), of a privately initiated amendment to the Land Development Regulations Section 4.4.9 “General Commercial” Subsection 4.4.9(B) “Principal Uses” and Structures
Permitted” and Section 4.4.13 ”Central Business District” Subsection 4.4.13(B) “Principal Uses and Structures” to clarify that bicycles with an electric helper motor are the only
motorized equipment permitted in the “rental of sporting goods and equipment” use category. C. Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations
Section 4.5.3, “Flood Damage Control Districts”. D. Determined on a 7 to 0 vote that the proposed Five Year Capital Improvement Plan for FY 2011-12 through FY 2015-16 and FY 2012 Capital
Improvement Budget are consistent with the Comprehensive Plan. This item was considered by the City Commission at its meeting of September 20, 2011. Historic Preservation Board Meeting
of September 21, 2011 1. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness and a Class I site plan modification for exterior alterations for Deck 84,
located at the southwest corner of East Atlantic Avenue and the Intracoastal Waterway (840 East Atlantic Avenue). Concurrently, the Board recommended approval of a waiver to LDR Section
4.4.13(F)(4)(a)(2) to reduce the minimum front setback from five feet (5’) to eight inches (8”) for the installation a support column associated with new sliding glass doors. RECOMMENDATION
By motion, receive and file this report. Attachment: Location Map
MEMORANDUM TO: Mayor and City Commissioners FROM: David Boyd, Finance Director Amy Robinson, Sr. Buyer THROUGH: David T. Harden, City Manager DATE: September 26, 2011 SUBJECT: AGENDA
ITEM 8.O.1 -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 BID AWARD/MULTIPLE VENDORS ITEM BEFORE COMMISSION The City Commission is requested to approve multiple awards for the purchase
of Chemicals and Fertilizers through the Co-Op annual contract Bid No. 2011-20 on an “as needed basis” at an annual estimated cost of $210,000, for the City of Delray Beach for Fiscal
Year 2011/2012. BACKGROUND The City of Delray Beach is the lead entity for this co-operative bid. Bids were received on August 30, 2011 from (8) eight vendors, all in accordance with
City purchasing policies and procedures (Bid No. 2011-20, documentation is on file in the Purchasing Office). A tabulation of bids with the awarded vendor highlighted for each item number
is attached for your review. All chemical and fertilizers will be ordered on an “as needed basis” to meet the needs of the City of Delray Beach. Parks Maintenance and Golf Course staff
have reviewed the bids received and recommended awards. AWARDED VENDOR(S): Diamond R. Fertilizer Co, Inc. Glades Formulating Corp. Helena Chemical Company Howard Fertilizer & Chemical
Company John Deer Landscapes Red River Specialties Univar USA Winfield Solutions, LLC FUNDING SOURCE Funding from the Beautiful Trust Fund/Parks Maintenance/Cemetery budgets: $80,000
and Municipal Golf Course/Lakeview Golf Course budget $130,000 from Account Numbers: 001-4511-539-52.21 (General Fund: Operating Supplies/Chemicals)
001-4511-539-52.26 (General Fund: Operating Supplies/Gardening Supplies) 119-4144-572-52.21 (Beautification Trust Fund: Operating Supplies/Chemicals) 445-4714-572-52.26 (D B Municipal
Golf Course: Operating Supplies/Gardening Supplies) 446-4714-572-52.26 (Lakeview Golf Course: Operating Supplies/Gardening Supplies) RECOMMENDATION Staff recommends multiple awards to
vendors as stated above at an estimated annual cost of $210,000 for the City of Delray Beach Fiscal Year 2011/2012 on an "as needed basis".
BID OPENING: August 30, 2011 @10:00 A.M. CITY OF DERAY BEACH BID No. 2011-20 CHEMICAL AND FERTILIZERS ANNUAL CONTRACT -CO-OP (CHEMICALS) * Denotes lowest bid per item CO-OP TOTAL Howard
Estimated Diamond R. Glades Helena Fertilizer John Red CHEMICAL Annual Fertilizer Formulating Chemical & Chemical Deere River Univar Winfield ITEM # DESCRIPTION Usage Co., Inc. Corporation
Company Company Landscapes Specialities USA Solutions, LLC 1 ACEPHATE 1372 lbs $ /lbs $5.75 /lbs $ 6.60 /lbs $ 5.40 /lbs $ 7.49 /lbs $ 8.50 /lbs $ 7.25 /lbs $ 4.95 /lbs 10 lb. 20 lb
10 lb./2 5 lb 12 X 1 LB case #656292 2 x 10 lb Acephate 97 Acephate 97 UP Acephate 97 T&O 1 lb can 2 x 10 #091579 2 ALLIETTE 700 lbs $16.95 /lbs NO BID $ 21.90 /lbs $ 23.68 /lbs $ 26.25
/lbs $ 15.50 /lbs NO BID NO BID 5.5 lb 5.5 lb./4 5.5 lbs 4 X 5.5 LB Case Fosetyl-Al WDG T&O Chipco Signature Lesco Prodigy Signature#069098 3 AMDRO ANT KILLER 924 lbs $4.94 /lbs NO BID
$ 7.00 /lbs $6.70/lbs NO BID $5.25 /lbs $ 7.90 /lbs $ 4.74 /lbs 25 lb. 25 lbs /1 #391260 25 lb bucket 25 lb bag 4 AQUA NEAT 17 drums $16.20/drum NO BID $ 351.00/drum $380.91 /drum $492.64
$355.50/drum NO BID NO BID 30 gal drum 30 gal 30 gal drum /1 30 GAL /drum 16.20 x 30 = $486.00 #097531 5 AQUA SHADE 22 gal NO BID NO BID $ 29.27/gals NO BID $36.70/gals $29.95/gal NO
BID NO BID 1 gal #097772 6 AQUATHOL SUPER K 4350 lbs $17.80 /lbs NO BID $ 14.40 /lbs NO BID $19.10 NO BID NO BID $ 16.20/lb 25 lb. 25 lb /pail 25 lb bucket #097504 7 ATRAZINE 4L 110
gal $12.65/gals $11.60/gals $ 17.59/gals $ 16.72/gals $ 15.55/gals NO BID NO BID $ 13.90/gal HERBICIDE 2.5 gal. 10 gal 2.5 gal. /2 2.5 gal. 2.5 x 2 MANA #069618 8 AWARD 64 lbs NO BID
NO BID $ 8.29 /lbs $ 8.47 /lbs $ 9.89 /lbs $ 11.10 /lbs NO BID 25 lb. bag /1 25 lb bag NO BID #416040 53831 3 lb jug 9 BARRICADE 65 WG 1050 lbs $14.00 /lbs NO BID $ 18.00 /lbs $ 22.91
/lbs $ 11.82 /lbs $12.95/lb NO BID $ 12.23 /lbs 10 lb 10 lb /5. 10 lb. 4 x 5 lb Cavalcade Lesco Stonewall 65 WDG#084858 10 BASAGRAN 78 gal NO BID NO BID $ 106.76/gals $ 90.87/gals $
115.70/gals NO BID $ 109.70 /gals $ 91.25 /gals 1 gal /2 1 gal #607952 2 x 1 gal T & O #091214 11 BIVERT 100 gal $9.90/gal NO BID NO BID NO BID NO BID NO BID NO BID NO BID 2.5 gal. Sufac
820 12 BLAZON SP 190 gal $17.80/gals NO BID $13.92/gal $29.06/gals $ 15.35/gals $ 16.00/gals $ 33.48 /gals NO BID OR EQUIVALENT 1 gal 2.5 gal /2 2.5 gal 4 x 1 gal case #399400 <R> Blue
Marker Spec Spray Indicator Tracker Dye 2 x 2.5 gal case 2.5 gal jug #008820 13 CAPTAN 2500 gal $ 33.24/gals NO BID $ 38.94/gals NO BID NO BID NO BID NO BID NO BID 2.5 gal Captec 14
CHIPCO GT 26 FLO 250 lbs. $62.60/gals NO BID $ 126.60 /gals $114.71/gals $ 45.18/gals $ 58.00 /gal NO BID $ 114.62/gal 2.5 gal 2.5 gal /2 2.5 gal 2.5 gal x 2 Iprodione Lesco 18 Plus
#0915360 15 CHIPCO TOP CHOICE 40,300 lbs $ 2.95 /lbs NO BID $ 3.25 /lbs $3.25/lbs $ 3.25 /lb $3.10/lb $ 3.25 /lb $ 3.25 /lb INSECTICIDE 30 lb bag 50 lbs /1 50 lb bag 150 lbs #788933
50 lb bag Fipronil Broadcast (agency) #191616 50 lb bag 16 COHERE 375 gals $26.20/gal NO BID $ 44.23/gals NO BID $ 16.80 /gal $ 9.00 /gals NO BID NO BID 2.5 gal 2.5 gal 5 gal case Spreadrt
Sticker 19255 17 CORSAIR HERBICIDE 20 btls NO BID NO BID $ 33.05/btls $ 66.52/btls $ 68.55 /btls NO BID NO BID NO BID 2 oz. bottle 2 oz /4 2 oz 97239 18 CURFEW SOIL 115 gals NO BID NO
BID NO BID NO BID NO BID NO BID NO BID NO BID FUMIGANT 20 DACONIL 200 gals $ 33.40/gals NO BID $ 56.50/gals $ 56.60/gals $ 56.50 /gals $ 31.50 /gals NO BID $ 30.25/gal WEATHER STICK
2.5 gal 2.5 gal. /2 2.5 gal 5 gal case 2 x 2.5 gal Chlorothalonil 720 Agency Bidding Docket 31217 Page 1 of 6
BID OPENING: August 30, 2011 @10:00 A.M. CITY OF DERAY BEACH BID No. 2011-20 CHEMICAL AND FERTILIZERS ANNUAL CONTRACT -CO-OP (CHEMICALS) * Denotes lowest bid per item CO-OP TOTAL Howard
Estimated Diamond R. Glades Helena Fertilizer John Red CHEMICAL Annual Fertilizer Formulating Chemical & Chemical Deere River Univar Winfield ITEM # DESCRIPTION Usage Co., Inc. Corporation
Company Company Landscapes Specialities USA Solutions, LLC 21 DACONIL ZN W/ZINC 175 gals $ 30.20/gals NO BID $ 46.00/gals $ 46.00/gals $ 46.00/gals $ 31.00/gals NO BID $ 46.00/gal 2.5
gal 2.5 gal. /2. 2.5 gal. 5 gal case 2 x 2.5 gal Chlorothalonil 500 Zn 31214 22 DEFOAMER 260 pints NO BID NO BID $ 4.00/pints $ 6.75/pints $ 3.05 /pints NO BID $ 5.00/qt NO BID NON TOXIC
1 qt /12 16 oz. #773764 Recede qt btl #060727 $ 2.50 /pints 23 DITHANE 45 912 lbs $ 3.58 /lbs NO BID NO BID $3.83/lbs $ 4.19 /lbs NO BID NO BID $ 3.67 /lb WETABLE POWDER 4 lb 12 lbs
/4 12 lbs. 12 lb bag Penncozeb 75 DF T&O Dithane 75 DF #084457 24 DRIVE 75 DF 305 gals $ 52.06/gals NO BID $ 53.50/jug $ 93.74/gals $ 38.85 /lbs $ 38.50 /lbs $86.00/gal $ 94.98/gal 1
lb. 5 gal /4 1 lb 6 x 1 lb btl .5 gal container Quinclorac 75 DF Drive XLR* *XLR** Quinclorac 75 DF Quindorac 75 DF #097517 25 DURSBAN 2.5% 555 lbs $1.01/lbs $1.05/lbs $.85/lb NO BID
NO BID $ 1.25 /lbs NO BID NO BID (GRANULAR 50 lb. 80 lb 100 lb bag INSECTICIDE) Chlorpyrifos % SA Brand Chlorpyrifos EPRD SA 2.5% 50 lb bag 2.32% Chlorpyrfios 26 DURSBAN 1750 lbs $.89/lbs
$.77 /lbs $ .78 /lbs $.68/lbs NO BID $.75/lb NO BID NO BID CRICKET BAIT 1% 50 lb 88 lbs. Chlorpyrifos Spec 40 lbs bag /1 SA 1% 40 lb bag Chlorpyrifos SPC 1% SA Brand MCB 1% Chlorpyrfrios
MC Bait 27 DURSBAN PRO 260 gals $.40.30/gals NO BID $ 38.80/gals $48.92/gals $37.68/gals $ 56.00/gals NO BID NO BID 2.5 GAL. 2.5 gal 2.5 gal /2 2.5 gal Chlorpyrifos Pro 2 Clorpyrifos
Spec 2 Chlorpyrifos Pro 4 Chlorpyrifos Pro Chlorpyrifos 4E Turf #0917572 28 FINALE HERBICIDE 493 gals NO BID NO BID $ 70.00/gals $ 71.52/gals $ 72.15 /gals NO BID NO BID $ 45.11/gal
2.5 gal. /2 2 x 2.5 gal case 2 x 2.5 gal 89200 29 FIRE ANT AMDRO 1272 lbs $ 4.94 /lbs NO BID $ 8.05 /lbs $ 6.70 /lbs NO BID $ 5.25 /lbs $ 7.90 /lbs $ 4.74 /lbs BAIT (GRANULAR) 25 lb.
25 lb. bag /1 25 lb bag #391260 25 lb bucket Probait Probait 25 lb bag Bidding Probait 30 FUSILADE LIQUID 147 gals NO BID NO BID $ 55.00/qt $ 232.20/gals $ 271.20 /gals NO BID $66.00/qt
$ 124.32/gal $ 55.00 x 4 = $220.00 1 qt /8 1 qt. (8 x 1 qt) 4 x 1 gal T & O #73215 31 GARLON 424 375 gals $ 52.20/gals NO BID $ 41.27/gals $78.83 /gal $ 109.08/gals $ 47.50 /gals NO
BID $ 77.30/gal (VEGETATION 2.5 gal. 2.5 gal. /2 2.5 gal 5 gal case 2.5 gal MANAGEMENT) Element 4 Element 4 Garlon 4 Ultra Element AE 97290 32 HERITAGE 94 lbs NO BID NO BID $ 309.00
/lbs $ 309.00 /lbs $ 309.00 /lb NO BIDS $ 309.00 /lbs $ 309.00 /lbs 1 lb. /1 1 lb. 1 lb #74240 (Agency) 33 ILLOXAN 3EC6 20 gals NO BID NO BID $ 214.76/gals $ 213.04/gals $ 246.19 /gal
NO BIDS NO BID $ 195.51/gal 1 gal /1 1 gal. 1 gal #018898 34 IMAGE (CONTAINS 30 gals NO BID NO BID $ 86.32/pkg NO BID $ 97.76/gals NO BIDS $88.80/btl $ 77.40/btl AMMONIUM, SALT, 11.43
oz pkg 11.43 oz. /btl 11.43 oz btl 11.43 oz btl IMAZAQUIN) Image 70 WDG #069206 Image 70 DG 35 INDUCE 120 gals $10.40/gals NO BID $ 24.92/gals NO BID NO BID $ 9.000 /gal NO BID NO BID
2 x 2-1/2 gal./cs. 2.5 gal 2 x 2.5 gal case Surfac 920 Red River NIS Page 2 of 6
BID OPENING: August 30, 2011 @10:00 A.M. CITY OF DERAY BEACH BID No. 2011-20 CHEMICAL AND FERTILIZERS ANNUAL CONTRACT -CO-OP (CHEMICALS) * Denotes lowest bid per item CO-OP TOTAL Howard
Estimated Diamond R. Glades Helena Fertilizer John Red CHEMICAL Annual Fertilizer Formulating Chemical & Chemical Deere River Univar Winfield ITEM # DESCRIPTION Usage Co., Inc. Corporation
Company Company Landscapes Specialities USA Solutions, LLC 36 KERB 50 W SP 350 lbs NO BID NO BID $ 38.59 /lbs $ 36.75 /lbs $ 39.77 /lbs NO BID NO BID $ 35.16/lb 3 lbs /12 3 lb. 3 lb
bag #088513 37 LEMWET 40 gals NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 38 MANAGE HERBICIDE 171 btls $ 70.20/btl NO BID $ 78.94 /btl $ 69.11/btl $ 72.28/gals $ 62.00/btl
$ 80.65/btl $ 64.53/btl (1.3 OZ. PER/BOTTLE) 1 bottle 1.30 oz btle 1.33 oz /10 1.33 oz. bottle 1.3 oz. bottle 10 btl case 1.33 oz. bottle Prosedge HALSUFORAN Sedge Hammer Sub->Sedgehammer
Sedgehammer sedgehammer Bidding Prosedge #088461 39 MANCOZEB 190 gals NO BID NO BID $ 34.12/gals $ 27.00/gals $ 21.82 /gals NO BID $ 31.30/gals $ 25.54 /gals FUNGICIDE 2.5 gal. /2 2.5
gal. 2.5 gal jug 2.5 gal MANEX Pentatllon Pentathalon #084032 40 MERIT 75 WSP OR Equal 1002 lbs $.93/lbs NO BID $ 56.00/pkg $56.59/lb $ 46.90/lbs $45.00/lb NO BID $ 54.72/lb 30 lb 4
x (4 x 1.6 oz) 1.6 oz /16 4 x 2.5 oz 9 oz Adonis 75 WSP 4 x (4 x 1.6 oz) Imidacloprid .5G Criterion 75 WSP *Zenith 75 WSP* Equil Adonis 75 WSP 4 x 4 x 2.25 oz 41 MSMA 6.6 550 gals NO
BID NO BID $ 20.90/gals NO BID NO BID NO BID NO BID NO BID 2.5 gal TARGET 6.6 42 MSMA + 400 gals NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID SURFACTANT 43 NEMACUR 10G 2500
lbs NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 44 OPTIMA 200 gals NO BID NO BID $ 39.72/gals NO BID NO BID NO BID NO BID NO BID 45 ORTHENE 630 lbs 6.75/lbs $5.75/lbs $ 7.43/lbs
6.00/lbs $ 6.10/lbs $ 8.50/lbs $ 7.25/lbs $ 5.20/lbs 1 lb. can 1 lb. 121 lb. 1 lb. /12 .773 lb #777286 12 x 1 lb Acephate 97 Acephate 97 T & O *Acephate 97 UP* Orthene T & O Fire Ant
Killer 1 lb can UP 12 x 1 Surrender Brand 46 PENDULUM 3.3 EC 1100 lbs $ 26.70/gals NO BID $ 22.25/gals NO BID $ 27.66 /gals $25.50/gals $ 29.72/gals $ 1.20/lbs 1.25 gal 2 x 2.5 gal 2.5
gal. Pin-Dee 3.3 2.5 gal jug 40 lb bag Pin-Dee 3.3 T&O Prem 3.3 EC 23899 47 PENDULUM AQUA 180 gals NO BID NO BID $ 56.00/gals $ 53.57/gals $ 69.67/gals NO BID $ 63.25/gals $ 57.00/gals
CAP 2.5 gal 2.5 gal /2 2.5 gal #728349 2.5 gal Prem Aqua Cap 2.5 gal jug #084464 48 PRE-M 4080 gals $ 26.70 /gals NO BID $ 22.25 /gals $28.26/gals $ 27.66/gal 25.50/gal NO BID $ 1.20/lb
1.25 gal 2 x 2.5 gal 2.5 gal /2 2.5 gal 40 lb bag Pin-Dee 3.3 T&O PENDULUM 3.3 EC PRE_M 3.3ec #023899 49 PRIMER 604 95 gals NO BID NO BID NO BID $62.40/gals $ 19.90/gal NO BID NO BID
NO BID 5 gal /1 2.5 gal LESCO WET PLUS #069383 50 PRIMO 148 gals $ 188.75/gals $ 190.00/gals $ 275.00/gals $ 275.00/gals $ 184.00 /gals $172.00/gals NO BID $ 164.95 /gals 1 gal. 2 gal.
1 gal. /2 2.5 GAL T_NEX 1AQ 1 gal Groom Podium Reqimax PGR 2 x 1 gal case or Maxx EC Turf 90857 2 x 2.5 gal case Page 3 of 6
BID OPENING: August 30, 2011 @10:00 A.M. CITY OF DERAY BEACH BID No. 2011-20 CHEMICAL AND FERTILIZERS ANNUAL CONTRACT -CO-OP (CHEMICALS) * Denotes lowest bid per item CO-OP TOTAL Howard
Estimated Diamond R. Glades Helena Fertilizer John Red CHEMICAL Annual Fertilizer Formulating Chemical & Chemical Deere River Univar Winfield ITEM # DESCRIPTION Usage Co., Inc. Corporation
Company Company Landscapes Specialities USA Solutions, LLC 51 PRO STAR 70 WP 780 lbs NO BID NO BID $ 54.70 /lbs $ 49.55 /lbs $ 62.35 /lbs NO BID NO BID $ 47.90 /lbs 3 lb. /4 3 lb 4 x
3 lb 191750 52 QUIKPRO 37 jugs $ 63.80 /jugs NO BID $ 65.00/jugs $ 60.05/jugs $ 68.77 /jugs $ 52.00 /jugs $ 73.65/jugs $ 57.80/jugs BY ROUNDUP 1 jug 6.8 lb /4 6.8 lb. 1 jug #723738 6.8
lb jug 6.8 LB JUGS 73.3% 69311 6.8 lb jug 53 REWARD 235 gals $ 62.40/gals $ 53.00/gals $ 89.00/gals $ 89.00/gals $ 72.16/gals $ 41.65/gals $ 101.00/gals $ 56.18/gals 2.5 gal 5 gal 2.5
gal /2 2.5 gal. Diquash #622412 2.5 gal Diquat SPC Acefo Diquat 2L DIQUAT SPC2L 1 gal Knockout 97328 54 REVOLVER HERBICIDE 141 qts NO BID NO BID $ 540.00/btl $190.00/qts $ 540.00/per
87 oz NO BID $ 540.00/per 87 oz $ 540.00/per 87 oz 87 oz btl 1 qt /4 87 oz 87 oz 87 oz 97440 55 RODEO 140 220 gals $15.50/gal NO BID $ 11.70/gal NO BID $ 30.32/gal $11.75/gal NO BID
$ 14.45/gal 2.5 gal 2.5 gal 2 x 2.5 gal case 2 x 2.5 gal case AquaStar 34-15-025 56 RONSTAR 2 G 3915 lbs $ 1.22 /lbs NO BID $ 1.34 /lbs $ 1.35 /lbs $ 1.37/lbs $ 1.10 /lbs NO BID $ 1.30/lbs
50 lb. 50 lb./1 50 lb 200 lbs 50 lb Oxadiazon 2G OXADIAZON 2G Oxadiazon 2G 92006 57 ROUNDUP PRO MAX 172 drums $ 899.40/drums NO BID $ 985.00/drum $ 914.67/drums $ 934.90 /drums $ 780.00/drums
NO BID $ 757.50/drums 30 gal. drum (no subs) 1 drum 30 gal drum 30 gal drum /1 30 gal. 1 drum 30 gal drum /1 #595983 58 ROUND-UP PRO 32 cases $ 55.80/case NO BID $ 59.94/case $ 106.46/cases
$ 121.52 /cases $ 58.50/case $ 53.75/cases $ 58.95/cases 2 x 2-1/2 gal./cs. 1 case 1 case 1.67 gal /2 2 x 2.5 gal 1 case 2 x 2.5 gal/case 1 case Ranger Pro Roundup Promax #069289 Glyphosate
41% Glyfos Xtra Ranger Pro Prosecuter Pro 59 ROUND-UP PRO 20 drums $ 474.00/drums NO BID $ 405.00/drum $305.60/drum $ 423.00 /cases $ 417.00 /drums NO BID $ 494.30/drum CONCENTRATE 30
gal drum 30 gal drum 30 gal drum /1 2 x 2.5 gal 1 drum 1 drum #069291 30 GAL DRUMS Glyphosphate Pro 4 Prosecuter Pro 60 ROUND-UP PRO 77 gals $ 16.70/gals NO BID $ 99.94/gal $18.69/gals
$ 24.30 /cases $14.00/gals NO BID $ 16.58/gals CONCENTRATE HERBICIDE 2.5 gal 2.5 gal 2.5 gal /2 2 x 2.5 gal 1 case 1 case 2 x 2-1/2 gal./cs. #069289 Prosecuter Pro 61 SENCOR 75 T.H.
340 lbs $ 24.90 /lbs $ 22.00 /lbs $ 61.00 /lbs $ 69.24 /lbs $ 80.01 /lbs NO BID NO BID $ 46.46 /lbs 5 lb. 25 lb. 5 lb. /4 5 lbs. 5 lbs. jugs Tricor DC #006215 63 SEVIN 80 WSP 65 lbs
NO BID NO BID $ 6.98 /lbs NO BID NO BID NO BID NO BID $ 6.77 /lbs Carbaryl 80S 4 x 10 lb 64 SEVIN LIQUID 8 cases $ 187.40/cases NO BID $210.06 $ 177.90/cases $ 355.80 /cases NO BID $
221.20/cases NO BID 2 x 2-1/2 gal./cs. 1 case 1 case 2.5 gal /2 2 x 2.5 gals 2 x 2.5 case Carbaryl 4L Savin SL LESCO #082007 65 SONAR PR 700 lbs NO BID NO BID $ 29.56 /lbs NO BID NO
BID NO BID NO BID $ 29.56 /lbs 30 lb. PAIL 30 lb. PAIL 66 SUBDUE MAX 19 gals $ 188.90/gals NO BID $ 499.00/gals $ 499.00/gal $ 499.00 /gals NO BID $ 499.00/gals NO BID 1 gal * 1 gal
/2 1 gal. 1 gal Vire AGENCY 53195 67 SURFLAN AS T/0 95 gals $ 46.20/gals NO BID $ 45.00/gals $ 52.00/gals $ 54.12 /gals $ 42.00/gals NO BID NO BID 2.25 gals 2.5 gal. 1 gal. Oryzalin
4 Pro LESCO 89250 68 TALSTAR LIQUID 360 gals $ 27.20/gals NO BID $ 41.00/gals $ 42.84/gals $ 31.10/gals $ 32.00 /gals $ 31.40 /gals $ 26.79 /gals 1 gal 1 gal 1 gal. /4 1 gal Masterline
Bifen 4 x 1 gal UpStar SC (Golf) or Gold Talstar Professional Sub-> crosscheck Bifen I/T #091624 69 TALSTAR .2G 622 lbs $ .54 /lbs NO BID $ .69 /lbs $.72/lbs $ .52 /lbs NO BID $ .85
/lbs $ .30 /lbs 25 lb. *Talstar .2G GC* 25 lb. 25# bag 50 lb bag Wisdom Lawn Talstar PL G BIFEN UP 89895 Page 4 of 6
BID OPENING: August 30, 2011 @10:00 A.M. CITY OF DERAY BEACH BID No. 2011-20 CHEMICAL AND FERTILIZERS ANNUAL CONTRACT -CO-OP (CHEMICALS) * Denotes lowest bid per item CO-OP TOTAL Howard
Estimated Diamond R. Glades Helena Fertilizer John Red CHEMICAL Annual Fertilizer Formulating Chemical & Chemical Deere River Univar Winfield ITEM # DESCRIPTION Usage Co., Inc. Corporation
Company Company Landscapes Specialities USA Solutions, LLC 70 TOP CHOICE 25,350 lbs $ 2.95 /lbs NO BID $ 3.25 /lbs $ 3.25 /lbs $ 3.25 /lbs $ 3.40/LB $ 3.25 /lbs $ 3.25 /lbs 30 lb. 50
lb. /1 50 lb. 150 LBS 50 lb. 50 lb. bag Fipronil Broadcast #191616 Fipronil .0143g (AGENCY) 71 TRACKER DYE 440 gals $17.80 /gals NO BID $ 13.94/gals $31.28/gals $ 15.35 /gals $ 15.50
gals NO BID NO BID BLUE DYE SPRAY 1 gal 1 gal. 2.5 gal /2 2.5 gal. 4 x 1 gal or Blue Marker Spray Indicator #008820 5 gal case 72 TRIMEC PLUS 60 gals $24.39 /gals NO BID $ 42.12/gals
$ 39.14/gals NO BID NO BID NO BID $ 39.74 /gals 2.5 gal 2.5 gal. /2 2.5 gal Trimec Plus 73 WETTING AGENT 810 gals $ 25.00/gals NO BID $ 8.99/gals $ 36.35/gals $ 19.90 /gals NO BID $
12.60/gals $ 19.03/gals 2.5 gal 2.5 gal 20 gal drum /1 2.5 gal 2.5 gal jug 2.5 gal Aqua-Aid Ad Spray 101 *Duplex* Lesco Wet Plus Big Wet #069383 74 CHIPCO SIGNATURE 790 lbs $ 16.95 /lbs
NO BID $ 25.90 /lbs $ 23.68 /lbs $ 26.25 /lbs $15.50/lb NO BID $ 22.36 /lbs 5.5 lb 5.5 lb bag 5.5 lb. /4 5.5 lb. 4 x 5.5 lb case 5.5 lb. container Fosetyl-AL Prodigy Signature 069098
Foesetyl-Al 75 CERTAINITY 56 oz $ 79.20 /each NO BID $ 92.12/btl $ 57.40/oz $ 65.99 /oz $58.00/oz $ 101.35/oz $ 54.52/oz 1.25 oz btl (100 x 1.25oz) 1.25 oz. /10 1.25 oz. 1 btl 1.25 oz
btl #088732 76 CIDE KICK 360 gals NO BID NO BID $ 28.21/gals $ 20.08/gals $ 19.90 /gals $ 15.40 /gals NO BID NO BID 2.5 gal 2.5 gal. /2 2.5 gal 5 gal case Lesco Wet Plus Elite Infiltrator
KAMMO PLUS #069383 77 MANICURE 45 gals $ 33.40/gals NO BID NO BID $ 34.20/gals $31.59/GAL $ 31.50 /gal NO BID $ 30.25 /gal 2.5 gal. 2.5 gal. /2 2.5 gal. 5 gal case 2.5 gal jug MANICURE
6 FLl Chlorothalonil 720 Docket WS Chlorothalonil 720 *Mainsail* 84901 78 CT-301 200 gals NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 79 AQUATHOL K 2000 lbs $ 69.90 /gals
NO BID $ 56.20 /gal NO BID NO BID NO BID NO BID $ 62.90 /gals 2X2.5 2.5 gal. 2 x 2.5 gal. 80 AQUA-TEC 30 gals NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 81 DUPONT ADVION
24000 lbs NO BID NO BID $ 2.81 /lbs $ 1.78 /lbs $ 2.24 /lbs NO BID NO BID $ 1.87 /lbs MOLE 25 lb. bag /1 25 lb. bag /1 25 lb. bag CRICKET BAIT 82 DUPONT ADVION 550 lbs NO BID NO BID
$ 9.72 /lbs $ 9.40 /lbs $ 11.20 /lbs NO BID $ 10.25 /lbs $ 9.53 /lbs FIRE ANT BAIT 12 lb. bag /1 12 lb. 12# bag 12 lb jug #089983 83 HABITAT (HERBICIDE) 5 gals NO BID NO BID $ 55.00
/lbs NO BID NO BID $55.00/gal NO BID NO BID IMAZAPRY 2 SL 5 gal cube Arsenal Herbicide 84 IMPEL RED 10 gals NO BID NO BID $ 10.15/gals NO BID NO BID $12.50/gal NO BID $ 7.84/gals 11.25
gal 11.25 gal container Dilvent Blue 85 WEEDAR 64 100 gals $ 16.20 /gals $ 13.00 /gals $ 11.55/gals NO BID $ 20.03 /lbs $ 12.75.00 /gal NO BID $ 11.34 /gals 2.5 gal 5 gal DMA4 2.5 GAL
2 x 2.5 gals #097389 Dma41vm Please add any additional Chemicals used by your City: 86 NEO TZc 200 gals NO BID NO BID NO BID $80.66/gals NO BID NO BID NO BID NO BID (nematode control)
2.5 gal /1 87 TERRAZOLE 360 LBS NO BID NO BID $35.66/lbs $ 33.70/lbs $ 38.88 /lbs NO BID NO BID $ 33.98/lbs 35WP 2 lbs /6 2.LB BAG 6 x 2 lb TERRAZOLE 35 WP 88 GREEN CLEAN 620 gals NO
BID NO BID $ 37.95/gals NO BID $ 56.72 /GALS NO BID NO BID $ 1.61 /lbs 5 gal 32 OZ 50 lb bag 915350 89 KNOCKOUT-DIAQUASH 50 gals $ 62.40/gals NO BID $ 41.62/gals NO BID $ 72.16 /GALS
$ 41.65 /gals NO BID $ 56.18 /gals 2.5 gal. 2.5 GAL 1 case 2.5 x 2 Diquat SPC DIQUAT SPC 2L Page 5 of 6
BID OPENING: August 30, 2011 @10:00 A.M. CITY OF DERAY BEACH BID No. 2011-20 CHEMICAL AND FERTILIZERS ANNUAL CONTRACT -CO-OP (CHEMICALS) * Denotes lowest bid per item CO-OP TOTAL Howard
Estimated Diamond R. Glades Helena Fertilizer John Red CHEMICAL Annual Fertilizer Formulating Chemical & Chemical Deere River Univar Winfield ITEM # DESCRIPTION Usage Co., Inc. Corporation
Company Company Landscapes Specialities USA Solutions, LLC 90 POLY-CONTROL 25 gals NO BID NO BID $ 21.00/gals NO BID NO BID NO BID NO BID NO BID Accuracy 91 CROSSCHECK PLUS 20 gals $
27.20/gals NO BID NO BID $29.50/gals $ 31.10 /gals NO BID NO BID $ 26.79 /gals 1 gal 1 gal /4 1 GAL 4 x 1 gal *Upstar Gold* #091624 Bifen II 92 AQUASTAR 200 gals $ 16.40/gals NO BID
$ 11.70/gals NO BID $ 30.32 /gals $ 11.75/gals NO BID $ 14.45 /gals 2.5 gal Rodeo 2.5 gal 5 gal case or 2 x 2.5 gal 34-15-025 Rodeo 30 gal drum Rodeo Rodeo 93 LASSONITE SOIL 4000 lbs
NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID AMMEDMENT (NO SUBS) 94 ZEOLITE SOIL AMMENDMEN 4000 lbs NO BID NO BID NO BID NO BID $ .163 /lbs NO BID NO BID NO BID (NO SUBS)
2000 lbs 91257 95 CASCADE IMPREGNATED 1000 lbs NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID MILOGANITE 96 DISMISS 125 btls NO BID NO BID $ 56.18/btls $44.94/btls $ 59.96 /lbs
NO BID $ 61.40/btls $ 54.10/btls (6 OZ BTLS) .5 gal /4 6 oz 6 oz btl 6 oz btl 97133 97 TRIMEC CLASSIC 200 gals $ 24.39/gals NO BID $ 42.12/gals $30.93/gals $ 35.39 /gals NO BID $ 33.55/gals
$ 31.41 gals 2x2.5 gal. 2.5 gal /2 2.5 gal 1 gal 2.5 gal Triplet SF 90855 98 SPECTRO 90 75 gals $ 9.68/gals NO BID $ 14.78/lbs $10.33 /lbs $ 11.82 /gals NO BID NO BID $ 12.00/lbs 5 lb
4 x 5 lb 5 lbs /4 5 lb 24 lb container 191619 99 DITERRA 400 lbs NO BID NO BID NO BID NO BID NO BID NO BID NO BID $ 14.00/lbs 10 lb bag 100 INSGNIA 84 lbs NO BID NO BID $ 152.00/lbs
$152.00/lbs $ 360.22 /per 30.5 oz NO BID NO BID NO BID (3 x 2.4 lb) 2.4 lbs /4 30.5 oz INSIGNIA SC (AGENCY) 191727 101 CLEARYS 3336+ 150 lbs NO BID NO BID 123.20/gal $86.96/gals $ 67.85/GAL
$66.00/gal NO BID $ 67.43/GAL 2.5 gal /2 2.5 GAL 2 x 2.5 GAL T-STORM 102 ZEROTAL 240 gals $ 25.00/gals NO BID 99.65/gal $35.45/gals $ 40.57/GAL NO BID NO BID $38.15/gals 2.5 gal 2.5
gal /2 2.5 GAL 2.5 gal /2 HDH Proxy 90837 103 ROOT POWER 400 gals $ 23.80 /gal NO BID NO BID NO BID NO BID NO BID NO BID $ 80.00/gals 2.5 gal 2 x 2.5 gal <R> Root Builder 104 TRI-CAL
WP 300 lbs NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 105 CONTEC 12-24-8 4000 lbs NO BID NO BID NO BID NO BID $ .846 /lbs NO BID NO BID $ .915 /lbs 50 lb 40 lb COUNTRY CLUB
12-24 8L 5% MMAS 106 BOLSTER 4-4-4 20,000 lbs NO BID NO BID NO BID NO BID $ .585 /lbs NO BID NO BID $ .39 /lbs 25 lb 50 lb bag BOLSTER 4-4-4 G ELITE 107 KELPEX 330 gals $ 19.20 /gal
$ 45.00 /gal NO BID $32.63/gal $24.30/gal $15.00/gal NO BID NO BID 2.5 gal 10 gal 5 gal /1 2.5 gal Ultra Rx Kel Glade *Keplex* ROOTS 6-0-2 FE CHELATED Page 6 of 6
BID OPENING: August 30, 2011 @10:00 A.M CITY OF DELRAY BEACH BID #2011-20 CHEMICALS AND FERTILIZERS ANNUAL CONTRACT -CO-OP (FERTILIZERS) * Denotes lowest bid per item CO-OP Howard Estimated
Diamond R. Glades Helena Fertilizer John Red USA FERTILIZER Annual Fertilizer Formulating Chemical & Chemical Deere River Univar Winfield ITEM # DESCRIPTION Usage Co., Inc. Corporation
Company Company Landscapes Specialities USA Solutions, LLC 1 0-0-7 NO BID NO BID NO BID NO BID NO BID WITH ATRAZINE 50 lb. bag 50 lb bag NO BID $.283 lb. $9.60lb 2,067 lbs $566.00 ton
$384.00 ton 50 lb bag NO BID NO BID 50 lb bag 50 lb bag NO BID NO BID 50 lb bag 2 0-0-20 65,050 lbs/std. $ 480.00 ton $ 598.00 ton $ 559.60 ton $ 560.00 ton SULFATE OF POTASH-MAGNESIA
$ 12.00 bag $ 16.70 bag $ 13.99 bag $ 14.00 bag $.24 lb $.334 lb $.279 lb $.28 lb PROFESSIONAL TURF FERTLIZER K-MAG 0-0-22E 0-0-22 10,000 lbs/grand. 50 lb bag NO BID NO BID 50 lb bag
50 lb bag NO BID NO BID 50 lb bag $ 504.00 ton $ 622.00 ton $ 471.20 ton $ 560.00 ton $ 12.60 bag $ 17.30 bag $ 11.78 bag $ 14.00 bag $.252 lb $.311 lb $.235 lb $.28 lb KILABREW TRAILER
DELIVERY: BOYNTON BEACH ONLY 22 Tons $445.00 NO BID NO BID $0.00 $10,651.30 NO BID NO BID 495.00 for dlivery CUSTOM BLEND 0-0-20 K-MAG 10MG 21S BULK plus $560.00 DELRAY BEACH ONLY 22
tons $445.00 NO BID NO BID $0.00 $10,651.30 NO BID NO BID 495.00 for dlivery plus $560.00 3 0-0-45 NO BID NO BID NO BID 0-0-54 0-0-50 SOP NO BID NO BID SUPER K GREENS TURF 50 lb. bag
50 lb. bag 50 lb. bag FERTILIZER $.577 lb. $.532 lb. $1.45 lb. 1,000 lbs $1,154.00 ton $1,064.80 ton $2,900.00 ton 4 5-10-17 NO BID NO BID NO BID 1% Ronstar NO BID NO BID RONSTAR .95%+
FERTILIZER 50 lb. bag 50 lb. bag 50 lb. bag WITH PRE-EMERGENT $.69 LB. $.82 lb. $.93 lb. HERBICIDE 116,000 lbs $0.00 $1,380.00 ton $1,640.80 ton $1,860.00 ton 5 6-3-0 NO BID NO BID NO
BID NO BID NO BID GREENS GRADE TURF FERTILIZER 50 lb. bag 40 lb. bag 50 lb. bag $.30 lb. $223 lb. $ .205 lb. 14,000 lbs $600.00 ton $447.50 ton $ 410.00 ton 6 10-10-10 NO BID NO BID
NO BID NO BID PROFESSIONAL TURF FERTILIZER 50 lb. bag 50 lb. bag 50 lb. bag 50 lb. bag $.289 lb. $.317 lb. $.301lb. $ .29 lb. 58,520 lbs $578.00 ton $634.00 ton $603.60 ton $ 580.00
ton 7 8-0-8 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID GREENS MIX 2000 lbs 8 8-2-10 NO BID NO BID NO BID NO BID NO BID 41123.00 LANDSCAPE AND ORNAMENTAL FERTILIZER 50 lb.
bag 40 lb. bag 50 lb. bag $.379 lb. $.372 lb. $ .596 lb. 44,150 lbs $758.00 ton $745.50 ton $ 1,192.00 ton 9 8-4-12 NO BID NO BID 10-4-12 50% PolyPlus NO BID NO BID NO BID PALM SPECIAL
MIX AS 3FE 2MG 2MN 50 lb. bag 50 lb. bag 50 lb. bag $.3105 lb. $.365 lb. $.349 lb. 4,500 lbs $621.00 ton $730.00 ton $699.60 ton 10 10-4-12 NO BID NO BID NO BID NO BID PALM & TROPICAL
ORNAMENTAL FERTILIZER 50 lb. bag 50 lb. bag 50 lb. bag 50 lb. bag $.321 lb. $.358 lb. $.349 lb. $ .3645 lb. 28,000 lbs $642.00 ton $716.00 ton $699.60 ton $ 729.00 ton 11 12-0-0 NO BID
Chelated w/Glucoheptonate NO BID NO BID NO BID NO BID CHELATED IRON WITH derived from: Urea, Iron/MICRONUTRIENT FOR TURF Manganese Glucohepronate & ORNAMENTALS 4370 gals $7.50 gal $8.08
gal $ 11.45 gal REF:s:\finance\purchasing\Bid Tabulations\Fertitlizer.xls\9/30/2011 Page 1 of 4
BID OPENING: August 30, 2011 @10:00 A.M CITY OF DELRAY BEACH BID #2011-20 CHEMICALS AND FERTILIZERS ANNUAL CONTRACT -CO-OP (FERTILIZERS) * Denotes lowest bid per item CO-OP Howard Estimated
Diamond R. Glades Helena Fertilizer John Red USA FERTILIZER Annual Fertilizer Formulating Chemical & Chemical Deere River Univar Winfield ITEM # DESCRIPTION Usage Co., Inc. Corporation
Company Company Landscapes Specialities USA Solutions, LLC 12 12-0-6 NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID BULK LIQUID 140,000 lbs 13 12-2-14 NO BID NO BID NO BID NO
BID SOUTHERN ORNAMENTAL 50 lb. bag 50 lb. bag 50 lb. bag 50 lb. bag FERTILIZER $.397 lb. $.412 lb. $.428 lb. $ .525 lb. 54,500 lbs $794.00 ton $824.00 ton $857.60 ton $ 1,050.00 ton
14 13-2-13 NO BID NO BID NO BID Crosscheck NO BID NO BID TALSTAR 0.069% PLUS 13-0-13 30% PPSU FERTILIZER 3 FE 2MN 50 lb. bag 50 lb. bag 50 lb. bag $.412 lb. $.362 lb. $ .45 lb. 50,000
lbs. $824.00 ton $724.80 ton $ 900.00 ton 13-2-13 Using Poly-Coated Urea NO BID NO BID NO BID NO BID 14-2-14 PROFESSIONAL TURF Mn Sulfate & Crystal FERTILIZER (GREENS GRADE) Green as
a phosphorous source 15 50 lb. bag 50 lb. bag 50 lb. bag 50 lb. bag $.6625 lb. $.62 lb. $.655 lb. $ .66 lb. 14,000 lbs $1325.00 ton $1,240.00 ton $1,311.60 ton $1,320.00 ton 13-2-13
Using Poly-Coated Urea NO BID NO BID NO BID 97% PolyPlus SOP NO BID NO BID 14-2-14 GREENS MIX Mn Sulfate & Crystal 3.6FE 2.7MN Green as a phosphorous source 50 lb. bag 50 lb. bag 50
lb. bag $.6625 lb. $.655 lb. $ .66 lb. 28,000 lbs $1325.00 ton $1,311.60 ton $1,320.00 ton 13-3-13 NO BID NO BID NO BID 50% PolyPlus 4.5mg NO BID NO BID 16 TREE & PALM FERTILIZER 1.9FE
MN 50 lb. bag 50 lb. bag 50 lb. bag $.349 lb. $.362 lb. $.3905 lb. $698.00 ton $725.20 ton $781.00 ton 14-2-14 .72 mg, 1.0 mn, .60 Fe, .1 Fe NO BID NO BID NO BID 40% Poly Plus 40% AS
NO BID NO BID MICRO GREENS & TEE Chealate 11 Methylene Urea 2.4 FE 22MN 0.9MG MIXTURE Sulfate of Ammonia-Milorganite Crystal Green Phosphorous 17 SOP-SPM-4 Polymer Coated SOP SPM-4 Polymer
Coated SOP Manganese Sulfate Iron Chelate 50 lb bag 50 lb bag 50 lb bag 50 lb. bag .805 lb. .64 lb. $.547 lb. $.66 lb. 12,000 lbs $1610.00 ton $1280.00 ton $1094.00 ton $1,320.00 ton
18 14-14-14 NO BID NO BID NO BID NO BID NO BID Osmote 14-14-14 PLUS MINORS -FOR SHRUBS 50 lb bag 40 lb bag 50 lb. bag $.614 lb. $.4812 lb. $1.18 lb. 38,200 lbs. $1,228.00 ton $962.00
ton $ 2,360.00 ton 19 14-14-14 NO BID NO BID NO BID NO BID NO BID OSMOCOTE Osmote 14-14-14 50 lb bag 40 lb bag 50 lb. bag $1.36 lb. $.4812 lb. $1.18 lb. 44,150 lbs. $2,720.00 ton $962.00
ton $ 2,360.00 ton 20 15-1-15 NO BID NO BID 15-0-15 NO BID NO BID PROFESSIONAL TURF 40% Poly Plus 40% AS FERTILIZER 30% AS IFE .4MN 50 lb bag 50 lb bag 50 lb bag $.312 lb. .364 lb. $.305.00
lb. $ .339 lb. 6,250 lbs $624.00 ton $728.00 ton $610.00 ton $678.00 ton 21 15-5-10 NO BID NO BID NO BID Ronstar .95% 20-1-20M NO BID NO BID WITH 1% RONSTAR 85%PPSCU SOP 50 lb bag 50
lb bag .697 lb. $.935 lb. $ 85 lb. 68,000 lbs. $1,394.00 ton $1,870.80 ton $1,700.00 ton 22 15-5-15 NO BID NO BID 50% PolyPlus 2FE 2MN NO BID NO BID PROFESSIONAL TURF 2MG SOP FERTILIZER
50 lb. bag 50 lb bag 50 lb bag 0.361 lb. .398 lb. $.398 lb. $ .431 lb. 114,000 lbs. $722.00 ton $796.00 ton $796.40 ton $862.00 ton REF:s:\finance\purchasing\Bid Tabulations\Fertitlizer.xls\9/30/2011
Page 2 of 4
BID OPENING: August 30, 2011 @10:00 A.M CITY OF DELRAY BEACH BID #2011-20 CHEMICALS AND FERTILIZERS ANNUAL CONTRACT -CO-OP (FERTILIZERS) * Denotes lowest bid per item CO-OP Howard Estimated
Diamond R. Glades Helena Fertilizer John Red USA FERTILIZER Annual Fertilizer Formulating Chemical & Chemical Deere River Univar Winfield ITEM # DESCRIPTION Usage Co., Inc. Corporation
Company Company Landscapes Specialities USA Solutions, LLC 23 16-0-8 NO BID NO BID NO BID NO BID 30% PolyPlus AS3FE NO BID NO BID TURF FERTILIZER WITH PCSCU 0.2MN 50 lb bag $.29 lb.
$ .338 lb. 1,000 lbs. $581.20 ton $ 676.000 ton 24 16-2-8 NO BID NO BID 16-0-8 30% NO BID NO BID NO BID PROFESSIONAL TURF PolyPlus AS 3FE 0.2MN FERTILIZER (Rotary Spreaders Only) 50
lb. bag 50 lb bag 50 lb bag $.2995 lb. .318 lb. $.29 lb. 100,000 lbs. $599.00 ton $636.00 ton $581.20 ton 25 16-2-8 NO BID NO BID NO BID NO BID 16-0-8 30% NO BID NO BID NO BID PROFESSIONAL
TURF PPSCU AS .5FE 2MN FERTILIZER 50 lb bag $.29 lb. 1,250 lbs. $581.20 ton 26 16-2-16 NO BID NO BID 50% PolyPlus 20AS NO BID NO BID PROFESSIONAL TURF 2FE 1.8MN 2MG FERTILIZER 50 lb.
bag 50 lb bag 50 lb bag $.357 lb. .39 lb. $.38 lb. $ .42 lb. 64,000 lbs. $714.00 ton $780.00 ton $760.00 ton $ 840.00 ton 27 16-4-16 NO BID NO BID NO BID NO BID 14-2-14E 40% PolyPlus
NO BID NO BID NO BID GREENS MIX 40%AS 2.4FE 2.2MN 50 lb bag $.547 lb. 12,000 lbs. $1094.00 ton 28 16-25-12 NO BID NO BID 13-24-26 L&O Micro NO BID NO BID TURF STARTER FERTILIZER 50 lb.
bag 50 lb bag 40 lb bag 50 lb bag $.3675 lb. .445 lb. $.48 lb. $.50 lb. 8,000 lbs. $735.00 ton $890.00 ton $960.50 ton $1000.00 ton 29 17-1-10 NO BID NO BID NO BID NO BID NO BID NO BID
NO BID NO BID GREENS GRADE FERTILIZER 12,000 lbs. 30 19-0-19 NO BID NO BID NO BID 50% Poly Plus NO BID NO BID PRE-EMERGENT WEED 50 lb bag 50 lb bag CONTROL .488 lb. $.536 lb. $.47 lb.
68,000 lbs. $976.00 ton $1,072.40 ton $ 940.00 ton 31 20-20-20 NO BID NO BID NO BID NO BID NO BID NO BID WATER SOLUBLE POWDER 25 lb. bag $1.08 lb. $.91 lb. 15,125 lbs. $2160.00 ton $
1,820.00 ton 32 21-0-0 NO BID NO BID NO BID NO BID NO BID NO BID NO BID BULK LIQUID 30,000 lbs. 33 22-2-11 NO BID NO BID NO BID .92% Atrazine Atrazine 1.05% NO BID NO BID 23-2-9 w/1.05%
ATRAZINE 1.05% PLUS 22-0-10 40% PPSCU FERTILIZER TURF FOOD 1FE .5mn 50 lb. bag 50 lb bag $.445 lb. $.348 lb. $.43 lb. 122,000 lbs $890.00 ton $697.60 ton $ 860.00 ton 34 24-0-11 NO BID
NO BID 50 lb. bag 50% PolyPlus 3FE 1MN NO BID NO BID 24-2-11 50% scu TURF FERTILIZER w 3% FC, 1% mn (For Pendulum spreaders only) 50 lb bag 50 lb bag 50 lb. bag $19.10 bag $17.53 bag
$22.00 bag 0.3645 lb. $.382 lb. $.35 lb. $.44 lb. $729.00 ton $764.00 ton $701.20 ton $880.00 ton 114,500 lbs. $364.50 1/2 ton $0.00 1/2 ton $350.60 1/2 ton $440.00 1/2 ton REF:s:\finance\purchasing\
Bid Tabulations\Fertitlizer.xls\9/30/2011 Page 3 of 4
BID OPENING: August 30, 2011 @10:00 A.M CITY OF DELRAY BEACH BID #2011-20 CHEMICALS AND FERTILIZERS ANNUAL CONTRACT -CO-OP (FERTILIZERS) * Denotes lowest bid per item CO-OP Howard Estimated
Diamond R. Glades Helena Fertilizer John Red USA FERTILIZER Annual Fertilizer Formulating Chemical & Chemical Deere River Univar Winfield ITEM # DESCRIPTION Usage Co., Inc. Corporation
Company Company Landscapes Specialities USA Solutions, LLC 35 24-0-11 NO BID NO BID NO BID crosscheck .069% NO BID NO BID NO BID TALSTAR 0.069% PLUS 24-0-11 50% PPSCU FERTILIZER 4FE
1MN 50 lb. bag 50 lb bag $.479 lb. $.408 lb. 83,500 lbs. $958.00 ton $816.40 ton 36 25-3-10 NO BID NO BID 24-2-11 40% PolyPlus NO BID NO BID 24-2-11 w/3% fc TURF FERTILIZER PLUS IRON
6FE 1MN 50 lb. bag 50 lb. bag 50 lb bag 50 lb bag $.3775 lb. $.379 lb. $.375 lb. $.22.00 /.44 lb. 27,000 lbs. $755.00 ton $758.00 ton $751.60 ton $880.00 ton 37 HIGH MANGANESE COMBO
NO BID Chelated by glucoheptonate NO BID NO BID NO BID CHELATED MICRONUTRIENTS Analysis stated on bid bocument 2340 gals $7.43 gal $8.08 gal. $6.95/gal $10.95 gal 38 LIQUID MICRONUTRIENT
SOIL NO BID Urea,ferrous sulfate,manganese NO BID NO BID Iron + Chelated 12N 12-0-0 4% sulfur, 3% NO BID SUPPLEMENT sulfate w/citric acid 6FE 2MN (55 gal/drum Manganese, 6% chelated
iron (label attached) $7.50 gal $8.08 gal $9.25 gal $ 11.95 gal 200 gals $412.50 drum (55 gal) $375.00 drum $277.50 drum $ 717.00 drum 39 MILORGANITE NO BID NO BID NO BID NO BID Classic
50 lb. bag 50 lb. bag 50 lb bag 50 lb bag $.28 lb. $.245 lb. $.141 lb. $.188 lb. 78,000 lbs. $560.00 ton $490.00 ton $282.40 ton $ 376.00 ton 40 8-10-10 NO BID NO BID NO BID NO BID NO
BID NO BID NO BID PALM SPIKES 180 per box 11,000 lbs. $78.00 per box 41 Agro-Diamonds (trees) 50 lb bag NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 200 lbs. REF:s:\finance\purchasing\Bid
Tabulations\Fertitlizer.xls\9/30/2011 Page 4 of 4
MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz Construction Manager Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September
28, 2011 SUBJECT: AGENDA ITEM 8.O.2 -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 BID AWARD/WEST CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to consider
approval of a bid award to West Construction, Inc., in the total amount of $197,156.00 for modifications to Worthing Park, Project #2006-061. BACKGROUND Worthing Park was originally
the site of an 1896 commissary built by HJ Sterling, who later built the Casa Del Ray Hotel in 1925. Known for its rooftop restaurant and retractable roof, the three-story Casa Del Ray
was later called the Bon Aire Hotel. The Bon Aire Hotel was demolished in October, 1968. Following demolition of the hotel the public park was established. At its meeting of June 8,
1970, the City Commission named the park Worthing Park in honor of Mr. R.D. Worthing for his 19 years of service as City Clerk. Over the past year, staff has been working with stakeholders
associated with the Worthing Place mixed use development abutting the park to the south to coordinate park improvements with proposed ground floor restaurant and outdoor dining uses
in an effort to stimulate use of the park and establish continuity with the proposed restaurants. Upon completion of that effort, construction documents for the project were completed
and an advertisement soliciting competitive bids was published on July 31, 2011 Bids were opened on Wednesday, August 31, 2011. Three bids were received with West Construction submitting
the lowest responsive proposal in the amount of $197,156.00. Attached is a location map as well as the bid tabulation. FUNDING SOURCE Funding is available from 117-4133-572-68.19 (Recreation
Impact Fee Fund/Parks & Recreation/Worthing Park Improvements). RECOMMENDATION Staff recommends approval of a bid award to West Construction, Inc., in the total amount of $197,156.00
for modifications to the Worthing Park.
Bid Tabulation Worthing Park Improvements City Project #2006-061 Bid No. 2011-24 ITEM NO. DESCRIPTION QTY UNIT Unit Price Extended Cost Unit Price Extended Cost Unit Price Extended Cost
1.0 Excavation and Grading 1 LS $6,500.00 $6,500.00 $5,000.00 $5,000.00 $9,800.00 $9,800.00 2.0 Remove and Dispose Exist. Conc. Walks 1 LS $5,500.00 $5,500.00 $4,500.00 $4,500.00 $3,900.00
$3,900.00 3.0 Relocate Existing Water Meter and RPZ 1 EA $2,800.00 $2,800.00 $1,000.00 $1,000.00 $400.00 $400.00 4.0 Adjust Water Valves 1 LS $275.00 $275.00 $1,000.00 $1,000.00 $375.00
$375.00 5.0 Demolition 1 LS $1,650.00 $1,650.00 $590.00 $590.00 $700.00 $700.00 6.0 Electrical panel upgrade 1 LS $451.00 $451.00 $460.00 $460.00 $515.00 $515.00 7.0 Conduit and Wire
1 LS $4,625.50 $4,625.50 $4,710.00 $4,710.00 $5,260.00 $5,260.00 8.0 Lighting Fixtures 1 LS $23,870.00 $23,870.00 $28,560.00 $28,560.00 $32,600.00 $32,600.00 9.0 Lighting Fixtures Installation
1 LS $3,949.00 $3,949.00 $4,020.00 $4,020.00 $7,000.00 $7,000.00 10.0 Misc. Costs (fountain & receptacles) 1 LS $1,320.00 $1,320.00 $1,344.00 $1,344.00 $1,500.00 $1,500.00 11.0 Concrete
Pavers w/geotextile fabric 4,800 SF $3.30 $15,840.00 $5.75 $27,600.00 $11.00 $52,800.00 12.0 Exposed Shell Concrete 215 SF $13.20 $2,838.00 $6.50 $1,397.50 $10.00 $2,150.00 13.0 Root
Barrier 74 LF $13.20 $976.80 $13.25 $980.50 $18.00 $1,332.00 14.0 Flush Concrete Header Curb 550 SF $17.60 $9,680.00 $14.25 $7,837.50 $30.00 $16,500.00 15.0 Pedestal Concrete and Footing
2 EA $330.00 $660.00 $1,000.00 $2,000.00 $4,500.00 $9,000.00 16.0 Seatwall Concrete and Footing 62 LF $44.00 $2,728.00 $80.00 $4,960.00 $150.00 $9,300.00 17.0 Caprock Cap 23"x23"x2"
8 SF $27.50 $220.00 $100.00 $800.00 $50.00 $400.00 18.0 Caprock Cap 18"x29"x2" 97 SF $22.00 $2,134.00 $52.00 $5,044.00 $22.00 $2,134.00 19.0 Caprock Veneer 11.5"x20"x1" 15 SF $19.80
$297.00 $32.00 $480.00 $30.00 $450.00 20.0 Caprock Veneer 15"x23"x1" 87 SF $9.90 $861.30 $32.00 $2,784.00 $20.00 $1,740.00 21.0 Custom Ceramic Tiles 2 EA $2,750.00 $5,500.00 $100.00
$200.00 $400.00 $800.00 22.0 Caprock Seat Divider 18 LF $55.00 $990.00 $70.00 $1,260.00 $20.00 $360.00 23.0 Structural Soil 18 CY $16.50 $297.00 $50.00 $900.00 $50.00 $900.00 24.0 Bike
Racks 7 EA $354.20 $2,479.40 $500.00 $3,500.00 $1,300.00 $9,100.00 25.0 Custom Bench 'A' 1 EA $7,123.60 $7,123.60 $9,000.00 $9,000.00 $8,690.00 $8,690.00 26.0 Custom Bench 'B' 1 EA $7,123.60
$7,123.60 $7,800.00 $7,800.00 $8,600.00 $8,600.00 27.0 Custom Bench 'C' 1 EA $7,123.60 $7,123.60 $8,500.00 $8,500.00 $8,600.00 $8,600.00 28.0 Trash Receptacles 3 EA $1,280.40 $3,841.20
$1,350.00 $4,050.00 $1,400.00 $4,200.00 29.0 Moveable Chairs 16 EA $304.84 $4,877.44 $333.00 $5,328.00 $350.00 $5,600.00 30.0 Moveable Tables 8 EA $655.88 $5,247.04 $720.00 $5,760.00
$750.00 $6,000.00 West Construction, Inc Ineligible to bid; not prequalified as recreational contractor or in any catageory Coastal Contracting & Development, Inc. Green Construction
Technologies, Inc.
Bid Tabulation Worthing Park Improvements City Project #2006-061 Bid No. 2011-24 ITEM NO. DESCRIPTION QTY UNIT Unit Price Extended Cost Unit Price Extended Cost Unit Price Extended Cost
31.0 Drinking Fountain 1 EA $4,801.50 $4,801.50 $4,900.00 $4,900.00 $8,000.00 $8,000.00 32.0 5 EA $412.50 $2,062.50 $430.00 $2,150.00 $475.00 $2,375.00 33.0 3 EA $264.00 $792.00 $276.00
$828.00 $300.00 $900.00 34.0 11 EA $132.00 $1,452.00 $138.00 $1,518.00 $216.00 $2,376.00 35.0 30 EA $27.50 $825.00 $30.00 $900.00 $50.00 $1,500.00 36.0 2 EA $368.50 $737.00 $385.00 $770.00
$400.00 $800.00 37.0 1 EA $577.50 $577.50 $620.00 $620.00 $600.00 $600.00 38.0 9 EA $132.00 $1,188.00 $135.00 $1,215.00 $160.00 $1,440.00 39.0 14 EA $41.25 $577.50 $50.00 $700.00 $75.00
$1,050.00 40.0 305 EA $10.84 $3,306.20 $16.50 $5,032.50 $24.00 $7,320.00 41.0 71 EA $10.18 $722.78 $15.00 $1,065.00 $14.00 $994.00 42.0 140 EA $7.70 $1,078.00 $8.00 $1,120.00 $9.00 $1,260.00
43.0 538 EA $13.20 $7,101.60 $13.80 $7,424.40 $15.00 $8,070.00 44.0 7 EA $13.20 $92.40 $14.00 $98.00 $17.00 $119.00 45.0 10 EA $8.80 $88.00 $10.00 $100.00 $30.00 $300.00 46.0 58 EA $11.55
$669.90 $13.50 $783.00 $15.00 $870.00 47.0 Bermuda Sod 2,475 SF $0.64 $1,584.00 $0.75 $1,856.25 $0.75 $1,856.25 48.0 Mulch 18 CY $37.40 $673.20 $39.00 $702.00 $35.00 $630.00 49.0 Planting
Soil 35 CY $36.30 $1,270.50 $39.00 $1,365.00 $50.00 $1,750.00 50.0 Irrigation 4,815 SF $2.07 $9,967.05 $2.30 $11,074.50 $1.90 $9,148.50 51.0 Mobilization L.S. 1 $5,000.00 $5,000.00 $7,500.00
$7,500.00 $5,000.00 $5,000.00 (Not to exceed 5% of the contract price) 52.0 Undefined General Allowance L.S. 1 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 53.0
Indemnification L.S. 1 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 54.0 As-Builts L.S. 1 $4,301.00 $4,301.00 $1,000.00 $1,000.00 $4,500.00 $4,500.00 Grand Total $195,656.11 $219,097.15
$286,574.75 The value the bidder calculated $ 197,156.00 Calculation Error by West Construction ($1,499.89) Fireball Bromeliad Bromeliad mix Ivory Cane Palm Lady Palm Ying Bromeliad
Small Leaf Clusia Philodendron Rojo Congo Imperial Bromeliad Silver Bromeliad Joe Hayden Begonia White Angel Begonia Bridalveil Tree Red Feather Palm Triple Montgomery Palm 14' Triple
Montgomery Palm 22'
MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH:
David Harden; City Manager DATE: September 20, 2011 SUBJECT: AGENDA ITEM 8.O.3 -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 CONTRACT AWARD/BAKER'S TRANSPORT SERVICE ITEM BEFORE COMMISSION
Request to approve an award to Baker’s Transport Services (BTS) in the amount not to exceed $300,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant
(WTP). This is an annual award utilizing a cooperative procurement contract between Palm Beach County Water Utilities and Baker’s Transport Service. BACKGROUND In May 2009, staff initiated
lime sludge disposal from the WTP with BTS. This disposal process has limited the amount of lime sludge that we stockpile to our lagoon and has provided treatment relief in alleviating
an over saturation condition at the east thickener unit. Last fiscal year, City Commission approved an annual award in the net amount of $255,000 to BTS. This request is an annual award
for fiscal year 2011/2012. The proposal is based on one load per day, Monday through Saturday. The terms and conditions are per an existing contract with BTS and Palm Beach County Water
Utilities. Their agreement with Palm Beach County is through April 2012, with two (2) remaining 1 year renewal options at the county’s request. The County’s agreement does not have any
increase to unit prices for fiscal year 2012. Thus, BTS will haul the slurry at a rate of $19.09 per ton, plus a mileage charge of $1.17 per mile. Currently, there are two facilities
accepting the slurry product; one in Orlando (Orlando Utility Commission) and one in Pompano (Wheelabrator North Broward recycling facility), with most of the loads going to Orlando.
The total amount requested for this annual period is $300,000. This is based on one load per day, six days a week, estimating all loads hauled to Orlando: ·26 liquid tons (per load)
at $19.09/ton = $496.34 per load, plus $1.17/mile at 382 miles (round trip) = $943.28 per load delivered to OUC (Orlando Utility Commission) x 312 loads (estimated) = $294,303.36. Staff
requests approval of an annual contract award to Baker’s Transport Service in an amount not to exceed $300,000 for disposal of lime slurry from the WTP for fiscal year 2012.
FUNDING SOURCE Funding is available from Account # 441-5122-536-34-90, Water and Sewer Fund/Other Contractual Services. RECOMMENDATION Staff recommends approval of award in an amount
not to exceed $300,000 to Baker’s Transport Service for disposal of lime slurry from the Water Treatment Plant.
MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH:
David Harden; City Manager DATE: September 21, 2011 SUBJECT: AGENDA ITEM 8.O.4 -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 CONTRACT AWARD/LINE TEC INC./RECLAIMED WATER CUSTOMER CONNECTIONS
ITEM BEFORE COMMISSION Approve an award to Line-Tec in the amount of $98,638.00 for installing water meters and connecting customers on the Barrier Island to the Reclaimed Water system,
(P/N 12-008). The quote utilizes existing contract prices under a current City of Boynton Beach bid for “Supply and Installation of Water Service Connections & Restoration”, Bid #033-2821-10/JA,
active through June 1, 2012. BACKGROUND The Area 11B Reclaimed Water System project was completed in August, 2011. The project consisted of installing transmission and distribution piping
for conveyance of reclaimed water to the remaining northern portion of the Barrier Island, from Beach Drive to just south of George Bush Blvd. Utilizing prices from an existing contract
with the City of Boynton Beach, Line-Tec has provided a quote in the amount of $98,638.00. The scope of work consists of installation of water meters with associated touch read pads
(City furnished under a separate purchase contract), modifying the customer’s existing irrigation system for connection to the reclaimed system, and installation of backflow devices.
The quote is based on an estimated 126 service connections. Upon approval by City Commission, Line-Tec, Inc. will execute a “Standard Form of Agreement between the City and Contractor”.
FUNDING SOURCE Funding will be from account #441-5161-536-49.23, Water and Sewer Fund/Reclaimed Water Distribution System in the total amount of $98,638.00. RECOMMENDATION Staff recommends
award to Line-Tec for installing water meters and connecting customers on the Barrier Island to the Reclaimed Water system.
Estimate Date 9/14/2011 Estimate # 3382 Name /Address City of Delray Beach 434 South Swinton Ave Delray Beach, Fl 33444 Terms P.O. No. Net 30 Project Area 11B reclaimed water connections
Signature _____________________________________ Total Sales Tax (0.0%) 241 NW 18th Avenue | Delray Beach, Fl 33444 | Ph: 561.279.1032 | Fax: 561.279.1044 | www.linetecinc.com Description
Cost Qty Total This estimate is for the removal of 126 existing irrigation systems supplied by city water and reconnection to new reclaim meters located at the property line. Work will
involve excavation of existing meter box and irrigation connection, Directional Bore an estimated 7,254' (size varies) of PVC pipe per house installation, installation of check valve
and connections to house/irrigation . The project is located at various locations within Delray Beach. The estimated meter sizes involved are as follows 9) 3/4", 64) 1", 45) 1-1/2" and
8) 2" reuse meters. This estimate is based on are annual contact with The City of Boynton Beach Bid #033-2821-10/JA Expires June 1, 2012 and will only be billed for item/Qty installed.
NOTE: All check valves and MXU's for this project shall be supplied by the City of Delray Beach. Sprinkler/House Connection (Line Item #1) 300.00 126 37800.00 1" SCH 40 PVC water service
pipe, furnish and install (Line Item #2) 5.00 2970 14850.00 1-1/4" SCH 40 PVC water service pipe, furnish and install (Line Item #21) 7.00 1448 10136.00 1-1/2" SCH 40 PVC water service
pipe, furnish and install (Line Item #22) 9.00 2397 21573.00 2" SCH 40 PVC water service pipe, furnish and install (Line Item #23) 11.00 439 4,829.00 Installation of MXU on meter (Line
Item #69) 15.00 126 1,890.00 Hourly labor rate to install check valves, one hour (Line Item #16) 30.00 252 7,560.00 This estimate covers all labor, equipment, materials and restoration
costs to complete this project, excluding any asphalt or concrete patching. $98,638.00 $0.00
MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH:
David Harden; City Manager DATE: September 21, 2011 SUBJECT: AGENDA ITEM 8.O.5 -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 CONTRACT AWARD/LINE-TEC, INC. ITEM BEFORE COMMISSION Request
to approve a blanket purchase order to Line-Tec, Inc. in the amount of $205,000.00 for three projects funded in fiscal year 2012; Water Service Relocations (P/N 12-025), Water Meter
Replacements-Contract Services (P/N 12-024), and Fire Hydrant Flow Testing. The terms and conditions are based on the current competitively bid contract with the City of Boynton Beach
for “Supply and Installation of Water Service Connections and Restoration”, Bid #033-2821-10/JA. BACKGROUND The Public Utilities Division requested funding for the annual water service
relocation program with current year’s budget allocation at $25,000. This contract award will allow us to continue with our annual water service relocation program, changing rear yard
water service meters to the front yard. All related work will be paid in accordance with the contract’s unit pricing. The request is in the amount of $25,000. Utilities staff also requested
funding for contract services to support the annual water meter replacement program, with current year’s budget approved at $150,000. The program will initiate the replacement of aging
water meters. Most of the meters in place were installed in 1997 during a City-wide change out program. To assist with this annual program, staff is requesting an award to Line-Tec in
the amount of $150,000. This award will facilitate the replacement of approximately 4,300 small meters (less than 2”); the meters will be purchased by the City. The work will be paid
in accordance to the unit contract items, estimated at $150,000. In addition, staff requested funding for performing flow tests on City fire hydrants. The current year’s budget was approved
at $30,000. Fire hydrant water flow tests are conducted periodically per Insurance Service Office requirements. One of their requirements is that fire hydrants be inspected annually
and flow tested every ten years. These flow tests are recorded and entered into a database to determine the amount of fire that can be extinguished with the available water from each
hydrant. The Insurance Service Office uses the flow test records to help determine the fire department’s class rating. All the City’s fire hydrants need to be flow tested by the end
of 2013 (our ten year mark). To accomplish this,
one third of the hydrants are programmed to be tested each year. Last year, City Commission approved an award to Line-Tec for flow testing the first one third of our hydrants. This year’s
award will allow testing of the second one third of the City’s 2,650 hydrants, with the last one third to be performed next fiscal year. Therefore, staff is requesting an award to Line-Tec
in the net amount of $205,000 for providing services related to three programs; Water Service Relocations ($25,000), Water Meter Replacements ($150,000), and for Fire Hydrant Flow Testing
($30,000), utilizing contract pricing under an active City of Boynton Beach contract, expiring June 2012. Upon approval by City Commission, Line-Tec, Inc. will execute a “Standard Form
of Agreement between the City and Contractor”. FUNDING SOURCE Funding is available from account #442-5178-536-49.33 ($25,000), Water and Sewer Renewal & Replacement Fund/Water Service
Relocations; 442-5178-536-52.34 ($150,000), Water and Sewer Renewal & Replacement Fund/Water Meter Replacement Contract Service; and 441-5123-536-34.90 ($30,000), Water and Sewer Fund/Contractual
Services. RECOMMENDATION Staff recommends an award to Line-Tec, Inc. in the amount of $205,000.00 utilizing contract pricing under an active City of Boynton Beach contract, expiring
June 2012, for providing services related to three programs; the Water Service Relocations ($25,000), the Water Meter Replacements ($150,000), and for Fire Hydrant Flow Testing ($30,000).
MEMORANDUM TO: Mayor and City Commissioners FROM: William A. Grieve, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City
Manager DATE: September 27, 2011 SUBJECT: AGENDA ITEM 8.O.6 -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 CONTRACT AWARD/ROSSO PAVING AND DRAINAGE, INC. ITEM BEFORE COMMISSION Request
for Commission approval/authorization for contract award to Rosso Paving and Drainage, Inc. for construction of drainage improvments on Palm Trail in the amount of $92,699.00. BACKGROUND
The work generally consists of the following: roadway reconstruction, drainage pipe, catch basins and curbing along with associated miscellaneous improvements. The project is to address
drainage issue on N.E. Palm Trail just north of NE 5th Street. The property located at 509 N. E. Palm Trail sits at the low spot on the street and storm water from the street runoff
floods the property when it rains. In April 2011, staff obtained three bids from three prequalified contractors (Hardrive, Inc., Rosso Paving and Drainage, Inc. and Murray Logan Construction,
Inc.) with Hardrive being the lowest bid. A neighboring property owner expressed concerned as to the impact of the project on his property. Staff explored other designs to address the
neighbor’s concerns and revised the plans. Staff contacted Hardrives, Inc. as to whether they would be able to hold their quoted price and due to design changes and material price increases
Hardrive was unable. Staff asked for three bids from the same three contractors in August, with Rosso Paving and Drainage submitting the lowest bid. FUNDING SOURCE Funding is proposed
from account 448-5461-538.68-69 (following budget transfer). Total project cost $92,699.00. RECOMMENDATION Staff recommends approval.
Palm Trail Area Drainage Improvements Project Number 2009-054 Proposal (Schedule of Prices) Engineer's Estimate Rosso Paving & Drainage Hardrives, Inc. Murray Logan Construction NO.
DESCRIPTION UNIT QTY. UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Mobilization/Demobilization L.S. 1 $8,000.00 $8,000.00 $9,535.00 $9,535.00
$11,150.00 $11,150.00 $6,000.00 $6,000.00 2 Traffic Maintenance L.S. 1 $3,000.00 $3,000.00 $2,435.00 $2,435.00 $3,500.00 $3,500.00 $5,500.00 $5,500.00 3 Clearing & grubbing L.S. 1 $8,000.00
$8,000.00 $8,100.00 $8,100.00 $8,200.00 $8,200.00 $8,000.00 $8,000.00 4 Valley Gutter L.F. 85 $25.00 $2,125.00 $27.00 $2,295.00 $26.50 $2,252.50 $30.00 $2,550.00 5 FDOT Type "A" Concrete
Curb L.F. 46 $26.00 $1,196.00 $27.00 $1,242.00 $25.50 $1,173.00 $35.00 $1,610.00 6 FDOT Type "F" Concrete Curb L.F. 128 $27.00 $3,456.00 $29.00 $3,712.00 $27.00 $3,456.00 $32.50 $4,160.00
7 8" Header Concrete Curb L.F. 46 $25.00 $1,150.00 $24.00 $1,104.00 $24.00 $1,104.00 $32.00 $1,472.00 8 Remove and Replace Paver Driveway Aprons L.S. 1 $9,000.00 $9,000.00 $11,220.00
$11,220.00 $5,700.00 $5,700.00 $13,800.00 $13,800.00 9 1-1/2" Type S III asphalt S.Y. 185 $36.00 $6,660.00 $25.00 $4,625.00 $35.00 $6,475.00 $46.00 $8,510.00 10 10" Limerock Base S.Y.
185 $42.00 $7,770.00 $30.00 $5,550.00 $67.00 $12,395.00 $47.00 $8,695.00 11 12" Compacted Subgrade S.Y. 185 $27.00 $4,995.00 $20.00 $3,700.00 $25.00 $4,625.00 $45.00 $8,325.00 12 Asphalt
Overbuild Ton 5 $550.00 $2,750.00 $480.00 $2,400.00 $550.00 $2,750.00 $580.00 $2,900.00 13 12" ADS Pipe L.F. 209 $65.00 $13,585.00 $85.00 $17,765.00 $58.00 $12,122.00 $180.00 $37,620.00
14 Stormwater Type "C" Inlet Ea. 2 $3,000.00 $6,000.00 $2,650.00 $5,300.00 $3,350.00 $6,700.00 $3,250.00 $6,500.00 15 Connect to existing 36" Storm water pipe Ea. 1 $3,000.00 $3,000.00
$2,500.00 $2,500.00 $4,500.00 $4,500.00 $8,000.00 $8,000.00 16 Adjust Ex. 6" Water Main (if required) Ea. 1 $3,500.00 $3,500.00 $3,100.00 $3,100.00 $4,500.00 $4,500.00 $12,400.00 $12,400.00
17 Restore Sod S.Y. 138 $10.00 $1,380.00 $12.00 $1,656.00 $5.70 $786.60 $23.00 $3,174.00 18 Remove and replace existing key pad L.S. 1 $2,000.00 $2,000.00 $750.00 $750.00 $3,000.00 $3,000.00
$1,500.00 $1,500.00 19 Video Allowance L.S. 1 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 20 Utility allowance L.S. 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00
$5,000.00 $5,000.00 $5,000.00 21 As Built Record Drawings L.S. 1 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 22 Indemnification L.S. 1 $10.00 $10.00 $10.00 $10.00
$10.00 $10.00 $10.00 $10.00 TOTAL $93,000.00 $92,699.00 $100,099.10 $146,426.00 * Murray Logan passed on submitting a revised quote at this time. Price above is from their quote dated
4/8/11 9/27/2011
MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH:
David Harden; City Manager DATE: September 21, 2011 SUBJECT: AGENDA ITEM 8.O.7 -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 PURCHASE AWARD/SENSUS USA, INC. ITEM BEFORE COMMISSION Approve
a purchase award to Sensus USA Inc. in an amount not to exceed $500,000.00 for the purchase of small water meters (P/N 12-023) for fiscal year 2012. BACKGROUND The Public Utilities Department
requested annual funding for the replacement of aging water meters with the current year’s budget allocation at $500,000.00. This award is for purchasing a large quantity of small water
meters, ranging in size from ¾-inch through 2-inch. Most of these meters are approaching 10 years or greater in service life, thus have exceeded their manufacturers’ recommended total
metered flow for metering accuracy. Sensus USA Inc. is the City’s current vendor for water meters. This request is for water meters as follows per our active quote with Sensus, quote
#21180, page 1 (items #2 and 4) and page 3 (under i-PERL meters, ¾” and 1”). Estimated quantities and size of each meter are as follows; 740 -¾” at $100.10 each ($74,074.00), 2,500 –
1” at $141.44 each ($353,600.00), 100 – 1.5” at $299.05 each ($29,905.00), and 100 – 2” at $419.70 each ($41,970.00), totaling $499,549.00. Sensus Technologies, Inc. was given a purchase
award in January 1998 for purchase of small water meters and touch-read assemblies using a City of Cape Coral bid. The City now considers Sensus to be a sole source provider for unit
standardization, maintenance and compatibility reasons. FUNDING SOURCE Funding is available from account account #442-5178-536-61.81, Water and Sewer Renewal & Replacement Fund/Water
Meter Replacement Program. RECOMMENDATION Staff recommends an award to Sensus USA Inc. in an amount not to exceed $500,000.00 for the purchase of small water meters under the Water Meter
Replacement Program for FY 2012.
SENSUS USA INC. –TERMS OF SALE Metering and Network Equipment, Network and Monitoring Services and Related Software 1. “Buyer” shall mean the party purchasing goods pursuant to these
Terms of Sale. 2. CONTRACT OF SALE. All Sensus goods and services are offered for sale subject to the prices and other terms specified in the applicable Sensus quotation, proposal or
pricelist and these Terms of Sale (“Agreement”), and are subject to the correction of clerical errors. A Buyer's purchase order or similar writing shall constitute an acceptance of the
offer to sell; however, any inconsistent, additional or different terms contained in a Buyer's request for quotation or purchase order are hereby objected to and rejected by Sensus,
and will not become part of the contract of sale unless conspicuously stated, and specifically negotiated with and accepted in a writing signed by a vice president of Sensus. 3. ENTIRE
AGREEMENT. The quotation, proposal or Buyer's purchase order, this Agreement, and any additional terms so accepted by Sensus in writing, constitute the entire agreement between the parties
hereto with respect to the subject matter hereof and supersedes any and all prior agreements, understanding or other communications, whether written or oral, formal or informal, between
them. No consent, waiver, alteration, amendment, or modification shall be binding unless in writing and signed by both parties. 4. PRICES. All prices quoted are subject to change based
on Sensus' selling prices in effect as of date of shipment, and are exclusive of Federal, state and municipal taxes. All taxes applicable to the transaction and required by law to be
collected from Buyer by Sensus will be added to the invoice as a separate charge. Title and risk of loss to the goods shift to Buyer upon shipment. All goods are shipped F.O.B. shipping
point. Prices quoted for blanket orders are subject to review and retroactive adjustment if necessary, based on actual quantities shipped. 5. CREDIT AND PAYMENT TERMS. Credit, payment
and transportation terms shall be as stated on Sensus’ invoice. If no terms are stated on Sensus’ invoice, then Buyer shall pay Sensus within thirty (30) days of the date of the invoice.
Buyer agrees to make prompt payment in accordance with payment terms. Sensus reserves the right to modify credit or payment terms at any time without prior notice to Buyer, and to require
payment guarantees, security or payment in advance in Sensus’ sole discretion. 6. PACKAGING. Sensus reserves the right to select the manner in which goods and equipment are packaged.
Quoted prices include regular packing. Special requirements for packing will be subject to extra charges. 7. DELIVERY. Shipping dates and completion dates quoted by Sensus are made in
good faith but are not guaranteed, and Sensus reserves the right to extend shipping dates as it deems necessary in its sole discretion, without liability to Buyer. In the absence of
shipping instructions from Buyer, Sensus will use its discretion as to the selection of shipping services and routings. 8. FORCE MAJEURE. If Sensus becomes unable, either wholly or in
part, by an event of Force Majeure, to fulfill its obligations under this Agreement, the obligations affected by the event of Force Majeure will be suspended during the continuance of
that inability. The term “Force Majeure” as used in this Agreement means acts of God, hurricane, flood, volcano, tsunami, tornado, storm, tempest, vandalism, illegal radio frequency
interference, strikes, lockouts, or other industrial disturbances, unavailability of component parts of any goods provided hereunder, acts of public enemies, wars, blockades, insurrections,
riots, epidemics, earthquakes, fires, restraints or prohibitions by any court, board, department, commission or agency of the United States or any States, any arrests and
restraints, civil disturbances and explosions. Any delays so occasioned shall affect a corresponding extension of Sensus’ performance dates which are, in any event, understood to be
approximate. 9. CANCELLATION. Orders acknowledged by Sensus may not be canceled or amended, or deliveries deferred, by Buyer except with Sensus' prior written consent, and then only
upon such terms as shall be acceptable to Sensus. 10. WARRANTIES. The following Warranties shall apply: (a) Metering Equipment and Parts. Sensus warrants its water metering equipment
as set forth in Appendix A. Sensus warrants its other goods and products, including without limitation, its gas meters, electric meters, network equipment and parts, (collectively, “Sensus
Products”) to be in compliance with their respective specifications under normal use and service, and to be free from defects in materials and workmanship for a warranty period of twelve
(12) months from the date of the installation or eighteen (18) months from the date of shipment, whichever occurs first. These warranties do not apply to Sensus Products modified or
repaired withcomponent parts or assemblies, including, without limitation, communication system component parts and assemblies, not certified by Sensus, or damaged, altered, improperly
installed or otherwise subjected to misuse or improper storage, as determined by Sensus. The warranty period for new spare parts and components sold by Sensus is twelve (12) months from
the date of shipment. The warranty period for repaired or refurbished parts repaired by Sensus is ninety (90) days from the date of shipment, unless repaired pursuant to a warranty,
in which case the repair is warranted for the time remaining of the original warranty period. (b) Network and Monitoring Services. Sensus warrants that network and monitoring services
(“Services”) shall, at the time of acceptance, conform to the contract requirements, and shall be performed in a professional and workmanlike manner, free from defects in workmanship.
(c) Software. Sensus’ warranty for Software licensed to Buyer by Sensus shall be as set forth in the applicable software license. (d) ALL WARRANTIES SET FORTH IN THIS SECTION ARE EXCLUSIVE
AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. BUYER ASSUMES SOLE RESPONSIBILITY
FOR DETERMINING THAT THE SENSUS PRODUCTS, WATER METERING EQUIPMENT, SERVICES AND SOFTWARE LICENSES PURCHASED ARE SUITABLE FOR THEIR INTENDED APPLICATION AND USE. 11. BUYER'S REMEDIES.
The following Remedies shall apply: (a) If any Sensus Product or water metering equipment (collectively, “Equipment”) fails within the applicable warranty period, Sensus shall, at its
option, either repair or replace the item of Equipment, or refund the purchase price thereof, provided, the Equipment item is returned to Sensus’ designated receiving facility or agent,
with transportation charges prepaid, and the Equipment item, upon examination, is found by Sensus not to conform to the warranty. No remedy shall apply to any items of Equipment modified
or repaired with component parts or assemblies, including, without limitation, communication system component parts and assemblies, not certified by Sensus. SENSUS IS NOT LIABLE FOR
ANY REVENUE LOST BY ANY UTILITY, MUNICIPALTY OR OTHER USER OF ELECTRICITY, GAS, OR WATER, AS APPLICABLE. (b) Buyer’s remedy under the warranty for Services shall be, at Sensus’ sole
cost and expense, to correct or re-perform any defective or non-conforming Services to assure compliance with the contract requirements.
(c) Buyer's remedy for software licensed to Buyer shall be as set forth in the applicable software license. (d) SENSUS ASSUMES NO LIABILITY FOR COSTS OR EXPENSES ASSOCIATED WITH LOST
REVENUE OR WITH THE REMOVAL OR INSTALLATION OF EQUIPMENT. THE FOREGOING REMEDIES ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES FOR THE FAILURE OF EQUIPMENT, SERVICES OR LICENSED SOFTWARE TO
CONFORM TO THEIR RESPECTIVE WARRANTIES. 12. INTELLECTUAL PROPERTY INDEMNITY. Sensus shall indemnify and hold harmless Buyer from and against any litigation instituted against Buyer by
a third party which finds that the Equipment provided hereunder infringes upon the Intellectual Property of such third party. “Intellectual Property” shall mean patents, copyrights,
and trademarks. Sensus shall have the right to select counsel in such proceedings and control such proceedings and shall be responsible for the legal costs thereof as well as any judgment
rendered therein or settlement reached therein. Notwithstanding the foregoing, Sensus shall have no liability under this indemnity unless Buyer cooperates with and assists Sensus in
any such proceedings and gives Sensus written notice of any claim hereunder within a reasonable time after receiving it. Further, Sensus shall have no liability hereunder if such claim
is based upon any change, modification or alteration made to the Equipment by Buyer or any use of the Equipment other than as approved by Sensus. NOTWITHSTANDING THE FOREGOING, SENSUS
ASSUMES NO LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, ARISING OUT OF ANY CLAIM OF INTELLECTUAL PROPERTY
INFRINGEMENT. EQUIPMENT MANUFACTURED TO BUYER'S DESIGNS OR SPECIFICATIONS ARE SOLD WITH NO WARRANTY AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. THE FOREGOING STATES BUYER'S SOLE AND
EXCLUSIVE REMEDY WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS. 13. LIMITATION OF LIABILITY. (a) Sensus’ aggregate liability in any and all causes of action arising under,
out of or in relation to this agreement, its negotiation, performance, breach or termination (collectively “Causes of Action”) shall not exceed the total amount paid to Sensus under
this Agreement. This is so whether the Causes of Action are in tort, including, without limitation, negligence or strict liability, in contract, under statute or otherwise. (b) As separate
and independent limitations on liability, Sensus’ liability shall be limited to direct damages. Sensus shall not be liable for; (i) any indirect, incidental, special or consequential
damages; nor (ii) any revenue lost by Buyer or by any utility from any end user that pays for the consumption of electricity, gas, or water, as applicable, irrespective whether such
lost revenue is categorized as direct damages or otherwise. (c) The limitations on liability set forth in this Agreement are fundamental inducements to Sensus entering into this Agreement.
They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law. 14. INTENTIONALLY OMITTED. 15. 15.
RETURNS. No Equipment may be returned for credit or repair without the prior authorization of Sensus. Authorized return shipments must be returned in good condition to Sensus’ designated
receiving point, must be accompanied by a packing slip including Sensus’ Return Authorization Number, and must have transportation charges prepaid. Correspondence concerning all returned
goods should be addressed to the appropriate Sensus office. Sensus reserves the right to deduct an adequate service charge to cover all inspection, testing and handling from any credit.
16. REPAIRS. All repairs are made on an f.o.b. factory basis. All transportation charges for goods returned for repairs must be prepaid by the Buyer.
17. ASSIGNMENT. Buyer may not assign, transfer or delegate this Agreement or any part of Buyer’s rights or duties hereunder without the prior written consent of Sensus. Any attempt by
Buyer to assign or delegate any portion of this Agreement in violation of this Section shall be null and void. Sensus may assign this agreement, without the consent of Buyer, in the
sole discretion of Sensus. 18. GOVERNING LAW. The Terms of Sale shall be governed, interpreted and enforced exclusively in accordance with the laws of the State of Florida, except for
its conflicts of laws rules. 19. DISPUTE RESOLUTION. (a) Any and all Causes of Action (as defined in Section 13(a)) which cannot be resolved by negotiation between the parties shall
be finally resolved by a court of law, sitting without a jury, in the courts of the State of Florida, and each of the parties irrevocably submits to the exclusive jurisdiction of such
courts in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding shall be heard
and determined only in any such courts, and agrees not to bring any Causes of Action (as defined in Section 13(a)) in any other court. The parties agree that either or both of them may
file a copy of this paragraph with any court as written evidence of the knowing, voluntary and bargained agreement between the parties irrevocably to waive any objection to venue or
to convenience of forum. (b) EACH PARTY TO THIS AGREEMENT HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY CAUSES OF ACTION (AS DEFINED IN SECTION 13(A)), WHETHER
NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. THE PARTIES AGREE THAT EITHER OF THEM MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN
EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT BETWEEN THE PARTIES IRREVOCABLY TO WAIVE TRIAL BY JURY AND THAT ANY PROCEEDING WHATSOEVER BETWEEN THEM RELATING TO THIS
AGREEMENT OR ANY OF THE CONTEMPLATED TRANSACTIONS SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY. 20. THIRD PARTY MANUFACTURERS. In cases
were Buyer requests or requires Sensus to deliver Equipment to a third party manufacturer (or any other third party), payment for such Equipment is due 30 days from delivery to such
manufacturer or other third party, irrespective of how long it takes such third party to deliver the Equipment to Buyer. 21. SURVIVAL. The provisions of this Agreement that are applicable
to circumstances arising after its termination or expiration shall survive such termination or expiration. 22. SEVERABILITY. In the event any provision of this Agreement is held to be
void, unlawful or otherwise unenforceable, that provision will be severed from the remainder of the Agreement and replaced automatically by a provision containing terms as nearly like
the void, unlawful, or unenforceable provision as possible; and the Agreement, as so modified, will continue to be in full force and effect. 23. SECTION HEADERS. Section headings are
used in this Agreement for reference purposes only and shall not affect the interpretation or meaning of this Agreement.
MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: October 3, 2011 SUBJECT: AGENDA ITEM 9.G. -REGULAR
COMMISSION MEETING OF OCTOBER 4, 2011 RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PBA POLICE LIEUTENANTS ITEM BEFORE COMMISSION The item before the Commission is ratification of
the Collective Bargaining Agreement with the Police Benevolent Association Police Lieutenants. BACKGROUND The attached three-year labor agreement has been ratified by the Police Benevolent
Association/Police Lieutenants. The agreement duration is from October 1, 2011 -September 30, 2014, and provides major changes in the following areas: Hours of Work Reduces the work
week from 42 hours to 40 hours. Pay will be reduced accordingly. Wages Provides for a merit increase of from 0% to 5% the first year and a wage freeze in year two, with a reopener in
year three. The merit increase will offset most, if not all, of the workweek reduction. Holidays Eliminates two paid holidays for Police Lieutenants for each year of the agreement. Pension
The employee contribution to the Delray Beach Police and Fire Retirement System will increase by three percent (3%). A re-opener in year two will allow negotiation of pension benefit
changes for employees hired after October 1, 2012. Retiree Health Insurance Changes the 3.3% payroll contribution to the Retiree Health Insurance Fund (VEBA) to a contribution covering
current retirees only. RECOMMENDATION Staff recommends ratification of the Collective Bargaining Agreement with the Police Benevolent Association/Police Lieutenants.
COLLECTIVE BARGAINING AGREEMENT between the City of Delray Beach and the Police Benevolent Association October 1, 2011 – September 30, 2014 POLICE LIEUTENANTS
CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT LIEUTENANTS 2011-2014 TABLE OF CONTENTS Page Preamble 1 Article 1 Recognition 2 Article 2 Dues Check Off 3 Article 3 Union Representation
4 Article 4 Labor-Management Committee 6 Article 5 Bulletin Boards 8 Article 6 Solicitation of or by Employees 9 Article 7 Management Rights 11 Article 8 Hours of Work 17 Article 9 Wages
19 Article 10 Hospitalization Insurance 22 Article 11 Holidays 24 Article 12 Vacation 26 Article 13 Sick Leave 29 Article 14 Leaves of Absence With Pay 32 Article 15 Leaves of Absence
Without Pay 33 Article 16 Bereavement Leave 34 Article 17 Miscellaneous Considerations 35 Article 18 Nepotism 37 Article 19 Probationary Period -Promoted Employees 38 Article 20 Seniority
40 Article 21 Promotions 43 Exhibit A Promotion in the Police Department 45 Article 22 Physical Fitness 47 Article 23 Outside Employment 48 Article 24 Resignation 50 Article 25 Non-Applicability
of Civil Service Act and Civil Service Rules and Regulations 52 Article 26 Comprehensive Alcohol & Drug Abuse Policy for City of Delray Beach Police Dept.Employees 53 Article 27 Damage
to City Property 61 Article 28 Discipline 63 Article 29 Absence Without Leave 68 Article 30 Police Bill of Rights 69 Article 31 No Strike 70 Article 32 Personnel Documents 72 Article
33 Uniform Allowance 73 Article 34 Disability Insurance 74 Article 35 Sick and Vacation Pay-out Accruals 75 Article 36 Take Home Vehicle Plan 76 Article 37 Grievance Procedures 77
CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT LIEUTENANTS 2011-2014 Article 38 Workers’ Compensation 88 Article 39 Retiree Insurance 89 Article 40 Contract Constitutes Entire
Agreement of the Parties 91 Article 41 Severability and Waiver 92 Article 42 Pension Plan Matters 93 Article 43 Duration, Modifications, and Termination 94 Article 44 Amendments 96 Article
45 Execution of Agreement 97
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 1 PREAMBLE This Agreement is entered into by the employer, the City of Delray Beach, Florida, a Florida municipal
corporation, hereinafter referred to as "City", and the Police Benevolent Association, hereinafter referred to as the "P.B.A.", for the purpose of promoting harmonious relations between
the City and the bargaining unit represented by the P.B.A., hereinafter referred to as "members" or "employees", to establish an orderly and peaceful procedure for settling differences
which might arise and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work, and other conditions of employment. The terms, provisions,
and conditions of this Agreement shall have no retroactive effect, but shall only commence upon the effective date of this Agreement unless a specific article or provision of this Agreement
provides otherwise.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 2 ARTICLE 1 RECOGNITION Section 1 The City of Delray Beach recognizes the Police Benevolent Association (the P.B.A.)
as the certified bargaining agent for all employees in the bargaining unit for all matters relating to wages, hours, and terms and conditions of employment. Section 2 The bargaining
unit represented by the P.B.A. under this Agreement shall include all regular, full-time sworn law enforcement officers with a rank of Police Lieutenant. Excluded from the bargaining
unit shall be all non-sworn employees of the Police Department, Police Officers, Police Sergeants, Captains, Majors, the Chief of Police, and the Internal Affairs Lieutenant. Section
3 Correspondence, communications, or notices required by law or otherwise pertaining to bargaining unit members’ wages, hours and terms and conditions of employment shall be directed
to: John Kazanjian, President Palm Beach County Police Benevolent Association, Inc. 2100 N. Florida Mango Road Attention: General Counsel
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 3 ARTICLE 2 DUES CHECK OFF Bargaining unit members may voluntarily make arrangements with the City for a payroll
deduction of P.B.A. dues and uniform assessments. Upon receiving an authorization for dues deductions from the bargaining unit member, the City shall deduct such dues and uniform assessments
from the subject bargaining unit member’s compensation and remit the amount deducted to the P.B.A. The P.B.A. agrees to indemnify, defend, and hold the City harmless from and against
all claims, costs, demands, expenses, judgments, or other liabilities on account of dues or uniform assessments erroneously collected by the City and/or remitted to the P.B.A. The P.B.A.
further agrees to refund to the City any amounts paid to the P.B.A. in error, upon presentation of proper evidence thereof.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 4 ARTICLE 3 UNION REPRESENTATION Section 1 The City agrees that during the term of this Agreement it will deal
only with the authorized representatives of the P.B.A. in all matters requiring mutual consent or other official action called for by this Agreement. The P.B.A. agrees to notify the
City Manager and the Police Chief, in writing, of the names of such authorized representatives as of the execution of this Agreement and replacements therefore during the term of this
Agreement. Section 2 The P.B.A. likewise agrees that during the term of this Agreement, the P.B.A. and the employees covered hereunder shall deal only with the City Manager or his representative
in matters requiring mutual consent or other official action. Section 3 The P.B.A. may designate two (2) general representatives, in addition to its attorney, whose right it shall be
to represent the employees in the bargaining unit, at those times set forth in this Agreement in which such employees are entitled to representation. Notice by the City to the representative,
or to his designee in the absence of the representative, shall be notice
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 5 to all representatives, c/o the Delray Beach Police Department address. Employees shall retain the option of
proceeding individually or being represented by a person of their own choosing.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 6 ARTICLE 4 LABOR-MANAGEMENT COMMITTEE Section 1 There shall be a Labor-Management Committee consisting of the
following employee-management representatives: (1) Two (2) bargaining unit representatives, as designated by the P.B.A. (2) Two (2) management Police Department employees, as designated
by the Police Chief. Section 2 Meetings of this committee may be scheduled at the request of either party upon five (5) days notice in advance. The party requesting such a meeting shall
forward to the designated representative of the other party an agenda specifying those questions/issues to be presented for discussion. The time, place, and duration of discussion shall
be determined by the City. Section 3 The sole function of the Labor-Management Committee shall be to discuss general matters pertaining to employer-employee relations. The Committee
shall not engage in collective bargaining or the resolution of grievances.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 7 Section 4 The City will endeavor to schedule such committee meetings so as not to unduly interfere with the
regularly scheduled shift of any bargaining unit member designated to attend. The P.B.A. shall submit to the City Manager (or his designee) in advance, and keep current, a list of those
bargaining unit members who will be designated for said Committee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 8 ARTICLE 5 BULLETIN BOARDS The P.B.A. may provide one (1) serviceable, locked and glass-encased bulletin board
in the Police Department building for use by the P.B.A. in posting notices of P.B.A. business and activities. All materials posted must be signed by the lieutenant of the P.B.A., who
shall be held responsible for the content of such materials. A copy of all such materials shall be provided to the Police Chief or his designee in advance of such posting. The bulletins,
notices, mobile digital computers, Microsoft Outlook, or materials posted shall contain nothing of a political nature (excluding political material relating to P.B.A. elections) and
nothing of a derogatory nature toward the City, its elected officials or employees, as determined by the City.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 9 ARTICLE 6 SOLICITATION OF OR BY EMPLOYEES Section 1 Unless specifically authorized by the City Manager, all
solicitations among City employees during working hours for commercial, charitable, or union purposes, and selling of tickets, magazines, and other merchandise, is prohibited. Section
2 Employee organizations, their members, agents, or representatives, or any persons acting on their behalf are hereby prohibited from and shall not be required to: A. Solicit public
employees during working hours of any employee who is involved in the solicitation. B. Distribute literature during working hours in areas where the actual work of public employees is
performed, such as offices, warehouses, schools, police vehicles, police stations, fire stations, and any similar public installations. This section shall not be construed to prohibit
the distribution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee's official duties.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 10 C. Solicit for commercial, charitable, or union purposes, and sell tickets, magazines, or other merchandise
while in City uniform or attire, or while using City vehicles or equipment.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 11 ARTICLE 7 MANAGEMENT RIGHTS Section 1 The City exclusively reserves and retains all rights, powers, prerogatives
and authority customarily exercised by management and held or exercised by the City prior to the certification of the P.B.A., except as limited by law or expressly modified by this Agreement.
Section 2 The City of Delray Beach shall have the right, subject only to express restrictions in this Agreement, and subject to the PBA's right if any to impact bargain, to exercise
its own discretion unilaterally on all of the following matters, whatever may be the effect on employment, when in its sole discretion it may determine it is advisable to do any or all
of the following: 1. To manage and administer the affairs of the City generally. 2. To decide the purpose of each of its constituent agencies. 3. To set standards of service to be offered
to the public.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 12 4. To exercise control and discretion over its organization and operation. 5. To direct its employees. 6. To
relieve its non-probationary employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary employee from the position to which he was promoted.
In the event a promoted probationary employee is removed for failure to satisfactorily perform job duties, he/she shall be returned to the position from which he/she was promoted (and
this shall not be construed as a limitation upon or a waiver of the City's right to discharge or discipline such a promoted probationary employee). The City may likewise remove other
promoted probationary employees which may be necessary because of the return of this employee to his former position. 7. To relieve other probationary employees from duty for any reason.
8. To determine and redetermine work schedules. 9. To maintain order and efficiency in its operations. 10. To determine and redetermine starting and quitting times, in which case the
City shall provide to the affected employees five (5) calendar days notice in advance of any changes in such starting and quitting times, except that no such advance notice shall be
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 13 required in cases of emergency as determined by the City. 11. To determine and redetermine the number of hours
to be worked, in which case the City shall provide to the affected employees five (5) calendar days notice in advance of any changes in such number of hours to be worked, except that
no such advance notice shall be required in cases of emergency as determined by the City. 12. To require employees to submit to a medical examination by a physician designated by the
City. 13. To promulgate rules and regulations for its employees not in conflict with the provisions of this Agreement. 14. To set the standards and procedures for application, testing,
selection procedures, and appointment to positions in the Police Department. 15. To take disciplinary action against employees who violate any provisions of this contract or any rules
and regulations promulgated by the City not in conflict with the provisions of this Agreement. 16. To enforce and make amendments to the General Orders at any time, and to enforce the
provisions in such General Orders against both probationary and nonprobationary members of the bargaining unit, and to take disciplinary action against employees for failure to follow
the provisions of such General Orders. However, the exercise of such rights by the City shall
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 14 not necessarily preclude employees or their representatives from raising grievances, should decisions on the
above matter set forth in this subsection have the practical consequence of violating the terms and conditions of this Agreement. 17. Under reasonable circumstances, to dismiss or otherwise
relieve from duty employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her for duty in the City service. 18. To require enhanced
supervision of both probationary and non-probationary employees under reasonable circumstances. 19. To hire, promote, demote, evaluate, compensate, transfer, assign, direct, layoff,
recall, or reward employees. 20. To determine, re-determine, and direct the policies, mode, and methods of performing work of any sort. 21. To determine the qualifications for and to
select its employees. 22. To determine the size and composition of its work force. 23. To assign overtime work and to select persons to perform such overtime work, subject to existing
practices of equitable distribution of overtime opportunities.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 15 24. To determine the number and types, and to control, regulate, or discontinue the use, of vehicles, equipment,
processes, materials, supplies, and other property, to be used, operated, or distributed. 25. To institute and establish new methods and procedures of training of unit employees, and
to engage in such training methods and procedures. 26. Subject to any legal rights of incumbent employees to the contrary, to determine and redetermine job content, job descriptions,
and all qualifications for job classifications. 27. To determine the amounts and types of work to be performed by employees. 28. To determine whether and to what extent the work required
in its operations shall be performed by employees covered by this Agreement. 29. To use managerial, supervisory, or other non-unit employees to perform work performed by employees of
the unit. 30. To open new facilities, and to transfer its operations or any part thereof to such new facilities, and to transfer or assign employees to new facilities. 31. To subcontract
all or any part of its functions, operations, or work. 32. Subject to any legal rights of incumbent employees to the contrary, to expand, reduce, alter, combine,
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 16 transfer, assign, cease or create any job, job classification, department or operation. 33. To introduce new,
different, or improved methods, means, processes, maintenance, service, and operations. 34. To discontinue conduct of its mission or operations in whole or in part. 35. To take all actions
necessary to ensure compliance with federal and state equal employment opportunity laws, including, but not limited to, Title VII of the Civil Rights Act of 1964 and the Americans With
Disabilities Act of 1990. 36. Except as specifically provided in this Agreement, to have complete authority to exercise those rights and powers which are incidental to the rights and
powers enumerated above.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 17 ARTICLE 8 HOURS OF WORK Section 1 The regular work schedule shall be eighty (80) hours in a 2-week cycle. The
number of hours per day and days per week shall be determined by the Police Chief. Work schedules of bargaining unit members shall be established and implemented in the sole and exclusive
discretion of the Police Chief. Section 2 It is recognized and understood that deviations from the foregoing normal schedules of work will be necessary and will unavoidably result from
several causes, such as but not limited to: rotation of shifts, vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel,
and emergencies. No such deviation shall be considered a violation of this contract. Recognizing that the Department has an obligation to provide sufficient manpower, the City will attempt
to avoid causing an employee covered by this Agreement to work two (2) consecutive shifts, except in unusual circumstances as determined by the Chief of Police or his authorized designee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 18 Section 3 For all employees the scheduled work day shall be broken down into fifteen (15) minute segments.
An employee shall be noted as late for work if he/she does not report ready for work at his/her work station at his/her starting time. Section 4 The parties acknowledge that the employees
in the bargaining unit are exempt from the overtime requirements of the Fair Labor Standards Act. Section 5 An employee who is temporarily and continuously assigned by the proper authority
to perform the duties of a higher classification for more than three (3) consecutive shifts, will be compensated for the time spent in the higher classification at a rate of five percent
(5%) above his/her regular base salary. Once additional compensation commences, it will be paid retroactive to when the employee first began the continuous service as an acting supervisor,
and shall continue until the employee's continuous service as an acting supervisor ceases.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 19 ARTICLE 9 WAGES Section 1 It is agreed between the parties that the salary schedule for bargaining unit employees
is as follows: Fiscal Year 2011-2012 Minimum Maximum Police Lieutenant $67,523 $108,037 Fiscal Year 2012-2013 Minimum Maximum Police Lieutenant $67,523 $108,037 Fiscal Year 2013-2014
Minimum Maximum Police Lieutenant $67,523 $108,037 *based on a 40 hour work week. Section 2 On October 1, 2011 or ratification date of this agreement, whichever is later, for fiscal
year 2011-12, Police Lieutenants shall be eligible to receive an individual performance increase, in the range of 0% through 5% inclusive. Such individual performance increases shall
be received on the same City-wide terms, conditions, and subject to the limitations applicable to other City employees. On a one time basis, employees who exceed the maximum of the salary
range as a result of this Merit Increase, either in whole or in part, will receive the amount of
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 20 salary over the maximum in lump sum form in the regular payroll as soon as possible after ratification date
or October 1, 2011, whichever is later. Said individual performance increases shall be granted pursuant to the 2010-2011 fiscal year Employee Performance Evaluation criteria and forms
as determined by the City Manager. Section 3 Effective October 1, 2012, employees of the bargaining unit shall not be eligible to receive an individual performance merit increase. Wage
increases shall be frozen. Section 4 Either party may re-open Article 9 for Fiscal Year 2013-14, by notifying the other party no later than June 1, 2013. Section 5 Night Shift Incentive
– Employees who work evening shifts shall be paid an incentive. Accordingly, an assignment where the majority of the shift hours occur after 5:00 p.m. shall be paid at the rate of $.75
per hour. Section 6 Educational Incentive Compensation – Employees covered by this agreement who possess or obtain a Bachelor’s and/or Associate Degree levels of higher education from
certified
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 21 colleges and universities shall receive educational compensation as follows: Bachelor’s Degree -$2.00 per hour
Associate’s Degree -$1.00 per hour The Educational Incentive shall be paid as a bonus outside the salary range and be included in pension calculation. Section 7 Employees who are fluent
(speaking, reading, writing and listening) in Creole or Spanish will be eligible for Language Incentive pay at the rate of $.43 per hour. The Language Incentive shall be paid as a bonus
outside the salary range and shall be included in overtime and pension calculation. To be eligible for the Language Incentive pay, employees must first pass a language proficiency test
given by a vendor selected by the City. Section 8 Evening/Night Shift Incentive, designed to attract and compensate Lieutenants to work evening and midnight shifts shall be paid on a
cent per hour basis. Accordingly, an assignment where the majority of the per shift hours occur after 5:00 p.m. shall be paid at $.75 cents per hour.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 22 ARTICLE 10 HOSPITALIZATION INSURANCE Section 1 The City agrees to pay the total medical and hospitalization
insurance premium for all bargaining unit employees for the coverage that is in effect for general employees. The City may change such coverage, provided that the change in coverage
is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the total hospitalization premium
for all bargaining unit employees under the new coverage. Section 2 All bargaining unit employees shall pay the total medical and hospitalization insurance premiums for any dependant
coverage which they may elect. The parties agree that state or federally mandated health insurance plans may impact the parties rights and obligations. The parties agree that if there
are such mandates during the duration of this contract, the impact thereof shall be subject to bargaining. Section 3 The City reserves the right to change the medical and hospitalization
insurance carrier, but the level of deductibles
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 23 and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 24 ARTICLE 11 HOLIDAYS Section 1 The following days shall be holidays for all regular fulltime employees: New
Year's Day Independence Day Martin Luther King, Jr.'s Birthday Thanksgiving Day Memorial Day (last Monday in May) Thanksgiving Friday Personal Holiday Christmas Eve (1 per fiscal year)
Christmas Day and any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, provided the employee
has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Police Chief. Shift Lieutenants shall have nine (9) holidays (72
hours), per fiscal year, the dates for which may be selected in advance by the employee, subject to the approval of the Police Chief or his authorized designee, on any regular scheduled
work day during the contract period, provided that no more than three (3) such holidays shall be permitted per calendar month, and the selection by the employee must be made no later
than twenty-four (24) hours prior to the date(s) selected. Section 2
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 25 Shift Lieutenants, a maximum of 36 hours can be used for pay out of holiday options, and a minimum of 36 hours
must be used for time off.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 26 ARTICLE 12 VACATION Section 1 Regular, full-time bargaining unit members shall receive annual vacations, which
may be accumulative from year to year, pursuant to the provisions set forth in Section 6, below. Section 2 VACATION ALLOWANCE CHART Years of Continuous Service Other Full Time Personnel
Over, but less than Vacation Hours 0 years 3 years 8.00/month 3 years 7 years 9.33/month 7 years 11 years 10.66/month 11 years 12.00/month The accumulation of vacation days at each of
the stages referenced above shall commence during the fourth, eighth, or twelfth years, respectively, of continuous service. For example, an employee in his/her fourth year of continuous
service would be earning vacation time at the rate of one hundred twelve (112) work hours per year so that at the end of the fourth year of continuous service for that fourth year, the
employee would have available one hundred twelve (112) work hours to take during the next year (the fifth year); and, that the rate of one hundred twelve (112) work hours per year vacation
time would continue to be accumulated annually in the fifth, sixth, and seventh years of continuous service; the rate
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 27 of one hundred twenty-eight (128) work hours would then be accumulated between the employee's seventh anniversary
date and the employee's eighth anniversary date. Section 3 Continuous service shall be considered to be any service in which there has been no interruption by resignation, absence without
leave, or by involuntary separation or lay-off in excess of one year. Absence due to military service, injury in line of duty, or sick leave with pay shall not serve to interrupt continuous
service unless the employee was employed by another employer during such period of absence. Absence due to leave without pay shall not be construed as an interruption of continuous service,
but vacation benefits shall not be accrued during such leave. Section 4 When legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays
shall be added to the normal number of vacation days allowed, or paid as straight time, at the employee's option. Section 5 An employee resigning from the service of the City in good
standing shall be paid for any vacation credit accumulated prior to resignation, provided: A. He/she has completed one year of continuous service.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 28 B. He/she gives at least two weeks' written notice of his intent to resign and the written notice or copy of
same is filed with the City Manager's office at least two weeks prior to separation. Section 6 Vacation time is subject to the following requirements: The maximum accumulation permitted
will not exceed two hundred eighty-eight (288) working hours. All vacations, including those periods made mandatory above, including the timing of such vacation and the actual number
of days taken, are made expressly subject to the approval of the Chief of Police and City Manager.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 29 ARTICLE 13 SICK LEAVE Section 1 The P.B.A. recognizes that sick leave is not a privilege which an employee
may use at his discretion and it shall be allowed only for the following: 1. Employee's injury, illness or quarantine due to exposure to contagious disease. 2. Actual illness of a member
of an employee's immediate household (wife, husband or child) where care by the employee is required. Section 2 All regular full-time employees may be given sick leave with pay at the
rate of 8 hours for each calendar month of continuous service during which there were no absences without leave, provided: 1. Sick leave credits shall accrue during the first six months
of service, but shall not be granted until completion of six months of continuous service. 2. If employment begins on or before the fifteenth day of the month sick leave credit shall
be given for the entire month. If employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 30 3. If an employee works less than half the normal work days during a month for reasons other than vacation,
sick leave shall not be credited for that month. 4. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick
leave accumulation that may be accrued is one thousand one hundred twenty (1,120) hours. The employee may bank all unused sick leave each year until the one thousand one hundred twenty
(1,120) hours maximum is reached. Section 3 Employees who resign in good standing shall receive pay at their then regular hourly rate for the portion of their accrued sick leave stated
below, not to exceed a total payment of five hundred sixty (560) hours: Percentage of Accrued Sick Years of Service Leave to Be Paid 0 -5 -0-5 -10 25% 10 -15 50% 15 -20 75% 20 or more
100% (at Retirement) or up to 560 hrs in cases other than retirement or death. Employees who retire from the City in good standing after twenty (20) years under the City of Delray Beach
Police and
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 31 Firefighters Retirement System shall receive pay at their then regular hourly rate for their total amount of
accrued sick leave, not to exceed the maximum allowed accrual of one thousand one hundred and twenty (1120) hours. Section 4 Employees reporting in sick or unable to report for duty
must do so not later than thirty (30) minutes prior to their reporting time, except in cases of emergency as determined by the Police Chief. All employees will report to the Communications
Section. Reporting must be done by the employee himself/herself, and any failure to report shall be considered as absence without leave. The Police Chief or his designee may investigate
absences on account of sickness to determine their validity. When absence is for three or more working days, the Police Chief may require the employee to provide a certificate from a
physician, certifying to the actual disability of the employee, or may require a letter from the employee explaining the reasons for such absence. Violations of this policy may result
in discipline up to and including termination. Section 5 In case of death of an employee, payment for unused sick leave, pursuant to Section 3, shall be made to the employee’s beneficiary,
estate or otherwise provided by law.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 32 ARTICLE 14 LEAVES OF ABSENCE WITH PAY Employees may be granted leaves of absence with pay upon approval of
the Police Chief and the City Manager for the following: A. Jury duty or other required appearances before a court or other public body, except such appearances required because of the
personal matters of the employee or his family. B. Official training courses such as conferences, conventions, workshops, or similar meetings approved by the City.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 33 ARTICLE 15 LEAVES OF ABSENCE WITHOUT PAY Upon written request of an employee and approval by the Police Chief,
the City Manager may grant a leave of absence without pay when it will not result in undue prejudice to the interests of the City.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 34 ARTICLE 16 BEREAVEMENT LEAVE Section 1 When a death or critical illness, in which death appears to be imminent
occurs in the family of an employee, the employee may be allowed three (3) shifts if occurring in the State of Florida and five (5) shifts if occurring outside the State of Florida.
For the purpose of this article, family is defined as follows: father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, grandchild, grandparents, foster parents, foster children, step-children, step-parents or domestic partner as qualified through Palm Beach County’s domestic partner registration
program. No other persons shall be contained within the definition of family except as specifically set forth herein. Section 2 Bereavement leave will not be charged against sick leave,
vacation, or holiday time. Additional time for bereavement leave may be requested by the employee, and if granted by Police Chief and City Manager, shall be charged to one of the foregoing
categories. Section 3 The employee may be required by the Police Chief to furnish evidence of the facts justifying the use of bereavement leave.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 35 ARTICLE 17 MISCELLANEOUS CONSIDERATIONS Both parties acknowledge that during the term of this agreement the
City, with input from members of the Police Department, will agree to further study certain additional matters regarding the employment conditions and terms for bargaining unit employees,
including: A. In order to be eligible for the rank of Lieutenant a candidate must meet the following requirements: 1. Must be currently employed as a Sergeant with the Delray Beach Police
Department for a minimum period of two continuous years. 2. Must not have been suspended as a result of a disciplinary action within one (1) year of the next written promotional examination.
3. Must have an Associate’s Degree or better from an accredited college. Those who have attained the rank of Lieutenant prior to the ratification of this contract are grandfathered in.
The P.B.A. agrees that it shall be its obligation to submit in a timely fashion to the City any ideas concerning the above in order for the City to consider same during this contract
period; and further, the P.B.A. acknowledges that the City must examine any and all such proposals in light of its City-wide and Department-wide responsibilities and considerations,
and that
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 36 although all proposals will be given the appropriate consideration and review, any decisions to accept or reject
any and all such proposals shall be within the City's sole discretion.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 37 ARTICLE 18 NEPOTISM No City official or employee in a managerial or supervisory capacity may be appointed,
employed, promoted, or advanced in or to a position in any other department where that person would directly exercise regulation or control over any individual who is a relative of the
City official or employee. A person who is a relative of a City official or employee may not be appointed, employed, promoted, or advanced in or to a position in any department if the
related City official or employee is, or would be, the person’s direct supervisor or who would exercise any dominion or control over or otherwise regulate the duties and responsibilities
of the person, or if the person would supervise or exercise any dominion or control over or otherwise regulate the duties and responsibilities of the related City official or employee.
"Relative", as used herein, means a person who is related by blood, marriage or adoption as father, mother, son, daughter, brother, sister, grandparent, uncle, aunt, first cousin, nephew,
niece, husband, wife, father-in-law, mother-in-law, brother-inlaw, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 38 ARTICLE 19 PROBATIONARY PERIOD -PROMOTED EMPLOYEES Section 1 There shall be a probationary period of one year
for each employee in the bargaining unit who is promoted to a higher classification within the bargaining unit. This probationary period shall commence from the employee's initial regular
assignment to the higher classification. During the one year probationary period, the City Manager or his designee shall have the right to remove the probationary employee from the position
to which that employee was promoted with or without cause. Any probationary employee so removed shall have no right to appeal said action under the provisions of this Agreement, or any
other policy or procedure. A probationary promoted employee who is removed from the position to which he was promoted, shall return to the position from which he was promoted (however,
this shall not be construed as a limitation on or a waiver of the City's right to dismiss or discipline such a probationary promoted employee for just cause). Other probationary promoted
employees may also be removed and returned to their former positions if made necessary because of the return of such a probationary promoted employee to his former position. In this
event, none of the employees moved back to their former position will have a right to appeal said action under the provisions of this Agreement, or any other policy or procedure.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 39 Section 2 The Chief of Police, at his sole discretion, may extend the probationary period for a period not
to exceed 90 calendar days, during the pendency of an internal affairs investigation.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 40 ARTICLE 20 SENIORITY Section 1 The City agrees that seniority shall consist of continuous accumulation of paid
service with the Department. It shall be computed from the date of employment as a sworn employee with the Department. Seniority shall accumulate during all approved leaves of absence
of thirty (30) days or less and during approved leaves of absence of less than one (1) year when such leaves are due to job related illness or injury. Section 2 In the event of layoff
for any reason, the employees shall be laid off in the inverse order of seniority in their classification only. Employees who are affected by a layoff and have received satisfactory
performance evaluations during the year preceding the layoff shall have the opportunity to bump. Employees who are affected by a layoff and have received less than satisfactory performance
evaluations during the year preceding the evaluations shall, with approval of the Police Chief, have the opportunity to bump. Employees shall be recalled from layoff in the inverse order
of layoff (last out, first back) if said employees to be recalled are physically qualified to perform the work available at the time of recall. The City further agrees that no new employees
in a particular classification will be hired for one (1) year or until all
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 41 employees in that particular classification on layoff have been given the opportunity to return to work, whichever
comes first, in accordance with the provisions of this article. "Recall" from layoff shall mean notifying a laid off employee to return to work by registered mail sent to the last address
listed with the Department as his home address or by giving a laid off employee personal notice to return to work. If the affected employee has not responded to recall within three (3)
work days of the return receipt date on the recall notice or if the recall notice is returned by the Post Office to the City due to inability to locate the addressee, or if the affected
employee has not responded to personal notice recall within three (3) work days, then that employee shall be considered to have refused recall. Section 3 Shift work assignments shall
be made according to seniority. For purposes of this section, seniority is defined as the amount of continuous service an employee has in his/her rank. Shift selection shall occur one
time annually. 1. All efforts shall be made by the City to abide by seniority as it affects shift work assignments. In those instances where the City determines that the compelling need
of the City outweighs the individual employees seniority right to shift selection, that City may veto that selection based upon just cause. The affected employee shall have the right
to appeal
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 42 this veto through the chain of command to the level of Chief of Police who shall possess the power of final
and binding arbitrator. 2. Management reserves the right to determine the staffing levels. 3. The City shall not make a shift assignment that is arbitrary and capricious. 4. In the event
of a vacancy between the described selection period, the filling of that vacancy shall be based on seniority as defined in this section.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 43 ARTICLE 21 PROMOTIONS Section 1 --Promotional Procedure The City will announce promotional examinations at
least thirty (30) days in advance. A copy of any reference material in the City's possession will be made available. All promotional vacancies shall be filled in accordance with criteria
established by the City Manager or his/her designee. Promotional examinations and eligibility for same shall be conducted in accordance with the procedures and requirements set forth
in Exhibit A to this contract, a copy of which is attached hereto and made a part hereof. The parties agree that although none of the members of the bargaining unit shall be covered
under any Civil Service Act of the City of Delray Beach, the City may utilize the services of the Civil Service Board for the purposes of preparation, monitoring, and scoring of both
entrance level and promotional examinations. However, the use of the Civil Service Board by the Personnel Department in such a manner shall not be construed as providing the Civil Service
Board with any jurisdiction. Employees do not have the right to file any appeals or grievances with the Civil Service Board relative to the examinations, including, but not limited to
the examinations, conditions, scores, and the contents of the examinations themselves.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 44 Section 2 --Effect of Promotion on Wages and Employment Anniversary Date (a) When an employee is promoted into
a Lieutenant’s classification, the employee’s wages shall be increased to ten percent (10%) more than the employee earned prior to the promotion. In addition, Lieutenants shall receive
the 3% ICMA Match as long as other Management Level employees in the City receive this match. Lieutenants shall also receive FLSA Days off with pay according to City Policy.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 45 EXHIBIT A PROMOTION IN THE POLICE DEPARTMENT All sworn personnel desiring promotion in the Police Department
will be required to take the appropriate promotional examination. In addition to the general requirements for City promotion, employees will be required to meet the following qualifications
to be admitted to such examination: A. Anyone taking an examination shall be an employee of the Police Department of the City of Delray Beach at the time of taking such examination.
B. An employee within the period of an authorized leave of absence from the Police Department of the City of Delray Beach shall be eligible to take such examination, provided the period
of the leave of absence shall not be considered in calculating the "time in grade" requirement of these rules. Written promotional examinations shall be augmented by oral interviews
and staff evaluations. The oral interview shall be conducted by members of neighboring law enforcement agencies and/or a city official or community leader within the City of Delray Beach
or a neighboring City. The respective weights given to written examinations, oral interviews, and staff evaluations to determine the candidate's total rating shall be:
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 46 Written examination 50% Oral interview 25% Staff evaluation 25% An aggregate score of 70% must be attained
to be eligible for promotion.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 47 ARTICLE 22 PHYSICAL FITNESS Both parties acknowledge that during the contract period, the City may investigate
the implementation of a permanent physical fitness program for bargaining unit employees. Should the City so elect, the P.B.A. shall have the opportunity, upon notice in advance, to
bargain the content of and the standards for such physical fitness program. However, once so determined by the parties, all employees of the bargaining unit shall be required to participate
in the program unless determined medically unable to do so by the City's physician. Employees who refuse or fail to participate in this "transitional physical fitness program" (unless
determined medically unable to do so by the City physician), shall be subject to disciplinary action; however, during this transitional period, employees who fail to meet the standard
of the program shall not be subject to disciplinary action although the results of their participation shall be kept by the City for statistical purposes. The P.B.A. agrees that during
the contract period the City shall provide annual physicals including drug and alcohol screening for all employees of the bargaining unit, and that such annual physicals for employees
age 40 and over shall be more comprehensive for such employees at five (5) year intervals. Such annual physicals shall occur within the calendar quarter in which the employee's anniversary
date occurs.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 48 ARTICLE 23 OUTSIDE EMPLOYMENT Section 1 No member of the bargaining unit may hold outside employment unless
the employee's written request for approval of such employment is recommended for approval by the Police Chief and reviewed by Human Resources. The granting of such approval is expressly
contingent upon the following: A. Assurance that the employee's City position is of primary importance; B. Consideration of the effect the outside employment may have upon the efficiency
of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment. D. Payment to the City for such services, if applicable, shall
be a rate to be set exclusively by the City Manager. Section 2 Application forms for outside endeavors shall be provided to the employee by the City annually and approval of such shall
be renewable January first of each year. Outside employment shall be deemed to include ownership or part ownership of a business (but not including ownership of less than a controlling
interest of stock of a publicly held corporation), as well as independent contracts by employees to provide labor, services, or materials.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 49 Section 3 No member of the bargaining unit may work at any previously approved outside employment, nor at any
future outside employment, while said member is on injury leave or restricted duty for a workers' compensation injury, unless additional express approval for such outside employment
is obtained by the member from the Police Chief and the City Manager, who shall take into consideration the recommendation(s) from the employee's physician and/or from the City's physician.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 50 ARTICLE 24 RESIGNATION Any employee who wishes to resign in good standing shall give the Police Chief written
notice of his/her intention at least two (2) weeks prior to the date said resignation is to become effective, or shorter notice, with the approval of the Police Chief. Notice of resignation
shall be immediately forwarded to Human Resources together with said employee’s termination forms. If any employee resigns without giving the required notice, the Police Chief shall
notify Human Resources; Human Resources shall enter this fact on the employee’s records; and failure to give such required notice of resignation may be considered sufficient reason for
rejecting any future application of said employee to reenter City Service. The Police Chief may enter good standing records for an employee who fails to give two (2) weeks notice if
he/she feels there were extenuating circumstances. Any employee who is absent from duty for three (3) consecutive shifts without securing approved leave from the employee’s superior,
may be considered to have resigned without notice. It shall be the duty of the Police Chief to report all unauthorized leaves immediately to Human Resource in the manner
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 51 prescribed. All such unauthorized leaves shall be posted on the employee’s records and may be considered in
the employee’s merit ratings.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 52 ARTICLE 25 NON-APPLICABILITY OF CIVIL SERVICE ACT, CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES
It is understood and agreed that the Civil Service Act and the Civil Service Code of Rules and Regulations of Delray Beach and any amendments thereto and the Personnel Policies shall
have no applicability whatsoever to the employees covered by this Agreement except as modified herein.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 53 ARTICLE 26 COMPREHENSIVE ALCOHOL AND DRUG ABUSE POLICY FOR CITY OF DELRAY BEACH POLICE DEPARTMENT EMPLOYEES
The City recognizes that Police Department employees are not immune from problems that confront society in general. The problems of drug and alcohol abuse are widespread throughout our
community and nation. In the face of these problems, it is critical that the City of Delray Beach Police Department maintain a working environment free of alcohol and drug abuse. The
primary objective of this policy is to provide a safe and healthful work environment for all employees, and thereby provide the highest level of service to the public. I. Definitions
A. Alcohol abuse means the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the employee's ability to perform his or her job duties. The use, or being
under the influence of alcohol or alcoholic beverages on the job by Police Department employees is strictly prohibited. B. Drug abuse means the ingestion of any controlled substance
as defined in Section 893.03, Florida Statutes, as amended from time to time, not pursuant to a lawful prescription. The term drug abuse also includes the commission of any act prohibited
by Chapter 893, Florida Statutes, as amended from time to time.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 54 C. Illegal drugs means any controlled substance as defined in Section 893.03, Florida Statutes, as amended
from time to time, not possessed or taken in accordance with a lawful prescription. II. Physical Fitness and Examinations A. Every applicant for Police Department employment (including
applicants for full-time, part-time and volunteer positions), and each re-employed employee may be required to present proof that he or she is physically fit to perform the duties of
the job which the applicant or re-employed employee seeks. Applicants for employment may be required to take a physical examination, including blood or urine tests for the presence of
illegal drugs. Applicants for employment whose blood or urine is found to contain the presence of illegal drugs shall not be considered fit to perform the duties of the job which the
applicant seeks. The physical examination shall be completed prior to the applicant's entry on the job. B. All Police Department employees, including managerial and supervisory employees,
are required to take an annual physical examination at such times as may be specified within the calendar quarter in which the employee's anniversary date occurs. C. Any such annual
physical examination taken by the Police Department employees shall include a blood/urine test for the presence of illegal drugs and alcohol.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 55 D. All employees subject to certification by the Florida Department of Law Enforcement shall meet all statutory
and regulatory physical and medical requirements for initial certification. E. The City Manager, or the Chief of Police, or an Assistant City Manager, or City Attorney, or Human Resources
Director, may also require an employee to take a physical examination, that shall include a blood/urine test for the presence of illegal drugs or alcohol, at any time the City Manager
or Police Chief, or Assistant City Manager, or City Attorney, or Human Resources Director reasonably believes that the employee is not physically or medically fit to perform his or her
duties. F. Furthermore, the City Manager, or the Chief of Police, or Assistant City Manager, or City Attorney, or Human Resources Director may require an employee to take a physical
examination and/or give a urine or blood specimen for testing whenever the City Manager, Chief, or other supervisory employee has a reasonable suspicion that the employee has been on
duty, or has reported for duty, under the influence of alcohol or illegal drugs. G. The use of illegal drugs on or off duty by employees of the Police Department is strictly prohibited.
The City Manager or the Chief of Police, or Assistant City Manager, or City Attorney, or Human Resources Director may require an employee to take a physical examination and/or give a
urine or blood specimen for testing whenever the City Manager, Chief of
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 56 Police, or other supervisory employee has a reasonable suspicion that the employee is using illegal drugs or
under the influence of alcohol. A reasonable suspicion is a suspicion which is based on fact derived from the surrounding circumstances from which it is reasonable to infer that further
investigation is warranted. H. Random testing for alcohol and/or controlled/illicit drugs shall be performed in conjunction with this Article. Random selections of employees will be
made by a third-party contracted firm using a U.S. Department of Transportation (DOT) approved random selection computer program. An employee selected for random testing shall be tested
on the day his/her name is selected if on duty. If off-duty, the employee shall be tested on his/her next regular day of work. The total number of random drug tests given per year will
not exceed fifty percent (50%) of the total number of bargaining unit members. No more than 10% of those selected for drug testing will be tested for alcohol. I. The City will pay the
cost of any physical examinations and tests required by this policy. The examination will be performed by medical personnel selected by the City. Employees who take a physical examination
or blood/urine test in accordance with this policy shall be required to sign an authorization releasing the records of such examinations and tests to the City. The City shall strictly
observe and maintain the confidentiality of such employee medical records to the extent permitted by law.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 57 J. Any employee who fails or refuses to take a physical examination or give a urine or blood sample in accordance
with this policy shall be subject to disciplinary action up to and including dismissal. III. Blood/Urine Tests for the Presence of Alcohol and Drugs A. In testing for the presence of
alcohol, the City shall utilize a generally accepted blood test procedure which produces quantitative results showing the amount of alcohol present in the blood. B. At the time the testing
occurs, two (2) specimens of urine and two (2) specimens of blood shall be taken, the first set of which shall be used by the first laboratory and the second set of which shall be used
by a second laboratory, if requested. In testing for the presence of illegal drugs and alcohol, the City shall submit the first set of the samples for testing, which, in the first instance,
shall utilize an immunochemical assay or radioimmunoassay test on the employee's blood/urine. If the initial test is positive for an illegal drug or alcohol, the same blood/urine specimen
shall be subjected to a further test using the gas chromatography, thin layer chromatography or gas chromatography/mass spectrometry method for verification. For non-probationary employees,
if both the initial and verification tests are positive for an illegal drug or alcohol, the employee shall receive notification of results from the City in the manner set forth herein.
In order to timely provide such notification, the employee shall be
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 58 required to contact by telephone or in person a City representative designated in advance by the City, not
later than one (1) hour after a date and time specifically given to the employee for his/her requirement to contact a designated City representative by telephone. At the time the employee
makes such contact, the employee must decide whether or not he/she wishes the second set of specimens provided at the initial collection to be further tested by the City. If the employee
so requests, then this second set of specimens shall be tested by the City utilizing medical personnel different from that used by the City for the initial test. If the employee fails
to contact the City representative within the time frame set forth above, or the employee does not request the testing of the second set of specimens, or if the employee does request
the testing of the second set of specimens and it also tests positive for an illegal drug or alcohol, corrective action shall be taken as specified below. IV. Corrective Action A. Applicants
for employment whose blood or urine is found to contain the presence of illegal drugs or under the influence of alcohol shall not be considered fit to perform the duties of the job which
the applicant seeks. B. Employees (probationary and non-probationary) whose blood or urine is found to contain the presence of illegal drugs, or who have been found to have used or been
under the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 59 influence of illegal drugs or alcohol while on duty, shall be terminated. C. Any non-probationary employee
who is found to have engaged in off-duty alcohol abuse which adversely affects the employee's ability to perform job duties may be placed on a leave of absence without pay for a period
of up to sixty (60) days. The leave of absence may be extended for good cause by the City Manager up to an additional fifteen (15) days. The employee may use any accumulated sick leave
or vacation during the leave of absence. The purpose of the leave of absence is to give the employee an opportunity to rehabilitate himself or herself from abusing alcohol. The City
may assist the employee in locating an appropriate program of rehabilitation. Upon the successful completion of the rehabilitation program as certified by a physician designated by the
City, the employee shall be eligible to return to City employment in the same or similar position to the one which the employee occupied before his or her leave of absence. Prior to
resuming employment with the City, the employee shall be required to take a physical examination which shall include a blood or urine test for the presence of alcohol and/or illegal
drugs. The returning employee shall be placed on probationary status for a period of one (1) year following his/her return to City employment. During the one year probationary period,
the City may require the employee to take unannounced blood or urine tests for the presence of alcohol and/or illegal drugs. If at any time during the probationary period or thereafter,
the employee's blood or
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 60 urine is found to contain the presence of alcohol or illegal drugs, utilizing the double testing procedures
set forth in Section III(B), above, the employee shall be subject to disciplinary action, up to and including dismissal.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 61 ARTICLE 27 DAMAGE TO CITY PROPERTY Section 1 Each police employee shall exercise due caution in the care and
handling of all tools and equipment which may come into his/her custody, or over which he/she may have a degree of control. Any police employee who loses, misuses, or damages through
his/her carelessness, negligence and/or intentional misconduct such tools or equipment provided by the City shall be subject to discipline. When in the judgment of the City a tool or
piece of equipment is no longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City for replacement. No defective tool or piece of equipment
shall be replaced by the City until the defective item is presented by the employee. All tools and equipment issued to a police employee by the City shall be returned to the City prior
to the employee leaving City employment in the same condition as same was issued (normal wear and tear excepted). Section 2 The City will be responsible for full replacement costs for
prescription glasses and contact lenses damaged on duty through no negligence of the employee provided the employee presents a replacement receipt at the time of replacement. The City
will be responsible for replacement of damaged watches and nonprescription sunglasses up to fifty dollars ($50.00). The City
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 62 will not be responsible for the replacement of jewelry or other personal property carried at the employee's
discretion.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 63 ARTICLE 28 DISCIPLINE Section 1 The City Manager may at any time dismiss or otherwise discipline any employee
for just cause which he considers will promote the efficiency of the City's service. Section 2 The following may be considered grounds for dismissal, or other lesser discipline, including
but not limited to demotion or suspension, based on the City Manager's determination of the gravity of the offense; however, dismissal or discipline may be made for causes other than
those enumerated: A. Has been found guilty in a court of competent jurisdiction of a felony and/or of a misdemeanor involving moral turpitude or which is related to his/her City job
function. B. Has violated any lawful or reasonable order or regulation, or has failed to obey any reasonable or lawful direction by a superior. C. Has reported for duty, or is actually
on duty, while under the influence of intoxicating beverages or drugs. D. Has been guilty of acts which amount to insubordination; or has been guilty of disgraceful conduct while on
duty, or disgraceful conduct while
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 64 off duty when it reflects unfavorably on the City or interferes with the operations of the City. E. Has been
wantonly offensive in his conduct or language toward the public or toward any City employee or official. F. Has been incompetent, negligent, or inefficient to such an extent that his/her
performance falls below the minimum prescribed standard. G. Is careless or negligent of the property of the City of Delray Beach, or steals or misuses any equipment, materials, property,
or other things of value belonging to the City. H. Has used, or threatened to use, his position for personal gain or advantage, or has attempted to use political influence in securing
promotion, leave of absence, transfer, classification change, pay increase, to influence pending disciplinary matters or change in character of work. I. Has taken any fee, gift, or other
valuable thing in the course of his work or in connection therewith for his personal use from any firm, corporation, or individual when such fee, gift, or other valuable consideration
is accepted with the understanding that the donor shall receive favors and service therefor not customarily accorded the general public.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 65 J. Has falsified time records, other official City records, or has failed to report absences from duty to his
superiors in accordance with prescribed procedure. K. Has been absent from duty without proper leave of absence, or otherwise contrary to prescribed procedures; or has failed to report
for duty after a leave of absence has expired. L. Has been excessively absent from work; has been repeatedly absent from work without notifying his immediate supervisor, or has repeatedly
reported late for work. M. Has abused sick leave or other authorized leave of absence by claiming false reasons for such leave. N. Is antagonistic in his attitude toward his supervisor
or fellow employees; continually criticizes orders or rules issued or adopted by his superiors; or conducts himself in such a way that it interferes with the proper coordination of the
work effort in his department to the detriment of efficient public service. O. Upon the expiration of earned sick leave, fails to report to the Police Chief his inability to return to
work, if such is the case. P. Has been convicted of the unlawful possession, use, dispensing, or sale of any narcotic, barbiturate, mood ameliorating, tranquilizing, or hallucinogenic
drug, or conspiracy to do same, while either on or off duty.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 66 Q. Has made a significant omission on his application for employment, or has falsified it in any way. R. Has
been found guilty by a court of competent jurisdiction of a felony criminal offense, or has been repeatedly found guilty of misdemeanor criminal offenses. S. Has been found to have used
anabolic steroids, with or without prescription, solely for the purposes of enhanced muscle training or body building functions. Disciplinary action shall be taken only as provided pursuant
to Article 30. The City Manager shall furnish the non-probationary employee or the promoted probationary employee whom he dismisses from the City service with a written statement outlining
in detail reasons for the removal, and the date and time such removal becomes effective. A copy of the statement shall be furnished to the Police Chief. Section 3 If criminal charges
have been formally instituted against an employee, the City Manager may place the employee on leave of absence with or without pay. During such leave of absence, the City may investigate
and take appropriate disciplinary action against the employee. However, if the employee is subsequently found not guilty by a trial court of all of the criminal charges which had been
instituted against the employee, and if no notice of potential
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 67 disciplinary action has been given, the employee shall be reinstated and awarded back pay for the period of
said leave of absence.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 68 ARTICLE 29 ABSENCE WITHOUT LEAVE Section 1 An absence of an employee from duty, including any absence for a
single day and failure of an employee to report at the expiration of a leave of absence or vacation, that is not authorized by a specific grant of leave of absence under the provisions
of this Agreement, shall be deemed to be an absence without leave. Any such absence shall be without pay and may be subject to disciplinary action, including suspension, demotion or
dismissal in repetitive or extreme cases. Section 2 Any employee who is absent from duty for three (3) consecutive shifts without notifying the shift supervisor or commander of the reasons
for such absence and the time he/she expects to return, and without securing leave, may be considered to have resigned without notice.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 69 ARTICLE 30 POLICE BILL OF RIGHTS Section 1 The City of Delray Beach agrees that in the investigation of all
bargaining unit members all rights articulated in Florida Statutes, Section 112.532 and Section 112.533 (as amended from time to time) shall be provided. The P.B.A. may post a copy of
Sections 112.532 and 112.533, Florida Statutes on the bulletin boards referenced in Article 6. Section 2 Interrogations shall be conducted, preferably at a time when the bargaining unit
member is on duty, unless the seriousness of the investigation is of such a degree that an immediate action is required. Nothing herein shall prohibit the adjustment of the schedule
of the bargaining unit member under investigation so that the interrogation can take place during business hours.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 70 ARTICLE 31 NO STRIKE Section 1 A "strike" shall be defined as the concerted failure to report for duty, a concerted
absence of members of the bargaining unit from their positions, a concerted stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by members
of the bargaining unit from the full and faithful performance of their duties of employment with the City of Delray Beach, participating in a deliberate or concerted course of conduct
which adversely affects the services of the City of Delray Beach, or the concerted failure to report for work after the expiration of a collective bargaining agreement. Section 2 No
member of the bargaining unit may participate in a strike. Any violation of this provision shall subject the member of the bargaining unit or the P.B.A. or both to the penalties under
Chapter 447 of the Florida Statutes and Chapter 30 of the City of Delray Beach Code of Ordinances. Section 3 In the event of a breach of the provisions of this article, the City of Delray
Beach shall be entitled to recover from the P.B.A. and any employee in the bargaining unit participating in the strike, jointly and severally, full compensatory damages,
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 71 punitive damages, costs, and attorney's fees incurred in any and all proceedings involving said strike. Section
4 The City of Delray Beach shall have the right to unilaterally terminate the employment of any employee engaging in a strike. The only issue which shall be grievable with reference
to the termination is whether or not the employee was in fact engaged in a strike. Section 5 In the event of a strike, the City shall transmit written notification to the chief agent
or his designee of the P.B.A., and the P.B.A. will notify the employees of the bargaining unit and inform them that a strike is illegal under Florida law, of the sanctions which may
be imposed against the P.B.A. and participating employees for a strike, and further instruct striking employees to immediately return to work. The P.B.A. agrees that the notification
will be in writing and will be made in a good faith effort to get the employees to return to work. Such conduct shall exonerate the P.B.A. from all penalties, financial or otherwise,
which may be imposed under this Agreement, but this notwithstanding, the City does not waive any rights it may have to declare this Agreement to be null and void upon the occurrence
of a strike.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 72 ARTICLE 32 PERSONNEL DOCUMENTS All bargaining unit employees shall be permitted to obtain a copy of all documents
that are placed in any of their personnel files, and further shall be provided copies of all disciplinary action documents placed in their department personnel file. The employee may,
within thirty (30) days from the date of the document being placed in the employee's personnel file, file a written response to such document. The employee is fully aware that such written
response places no further obligations on the City and confers no additional rights on the employee. Any written response by an employee shall be clearly designated as the employee's
response and shall bear an acknowledgment by the employee that such a response is solely the employee's view of the incident and confers no further obligation on the part of the City
and confers no further rights on the part of the employee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 73 ARTICLE 33 UNIFORM ALLOWANCE Those bargaining unit members assigned to positions within the Department which
require the use of civilian attire will be granted a clothing allowance. Said allowance will be issued on a semi-annual basis at the rate of $400.00 per unit member.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 74 ARTICLE 34 DISABILITY INSURANCE Bargaining unit employees shall be eligible to receive the long-term disability
benefits pursuant to the City’s current plans and policies applicable to all other city employees.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 75 ARTICLE 35 SICK AND VACATION PAY-OUT ACCRUALS The City shall make changes to the sick and vacation pay accruals
policy by providing the following two (2) options: A. Provide a lump sum pay-out at termination (retirement) of accrued balance not to exceed 1408 hours (1120 sick leave, 288 vacation)
as currently exists. B. Enable employees who properly notify the City with the intent to retire, at least two years prior to Retirement date, the ability to have above noted accruals
paid in payments of not more than one-third per year of total amount authorized at date of designation of retirement. The employee will have the following option of payment: 1. The one-third
payments, not to exceed one-third of accrued balance or 1408 hours (1120 sick leave, 288 vacation), whichever is greater, be made in cash each year. a. The first payment will be made
2 years from the date of termination. b. The second payment will be made 1 year from the date of termination. c. The third payment will be made at termination. 2. The one-third payment
may be deposited tax free into the employee deferred compensation (457) account if the annual limit on the employee’s 457 contributions has not been reached.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 76 ARTICLE 36 TAKE HOME VEHICLE PLAN The City has agreed to a take home vehicle plan for Lieutenants and shall
include the following parameters: A. The Police Department shall establish internal policies and procedures for the assignment and use of take home vehicles.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 77 ARTICLE 37 GRIEVANCE PROCEDURES Section 1 The grievance procedures as described in Sections 2, 3 and 4, below,
shall be used for the settlement of disputes between the City and an aggrieved employee or group of employees involving the interpretation or application of this Agreement. Section 2
Grievances shall be processed in accordance with the procedures outlined in this section. Any grievance not answered by management in the time limits provided for in this section shall
be determined to be denied and may be advanced to the next higher step of the grievance procedure. Grievances of disciplinary actions shall be processed in accordance with the procedures
outlined in Section 4. Step 1 The aggrieved employee, or an PBA representative on his or her behalf, shall submit a grievance in writing and it shall be discussed with the aggrieved
employee's immediate supervisor and division/district commander within ten (10) working days of the occurrence (or discovery thereof) which gave rise to the grievance. For the purpose
of this article, working days shall mean Monday through Friday, excluding City holidays and weekends. A PBA grievance
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 78 representative may be present to represent the employee, if the employee desires him or her present. The immediate
supervisor and division/district commander shall attempt to adjust the matter and/or respond to the employee within five (5) calendar days. Step 2 If the grievance has not been satisfactorily
resolved in Step 1, the aggrieved employee and the PBA representative, if the employee wishes his or her assistance, shall present the written grievance to the Police Chief within five
(5) calendar days from the time the supervisor's response was due in Step 1. The Police Chief, or his or her designee shall meet with the employee and the PBA representative, if the
employee wishes him or her present, within three (3) working days. The Chief, or his or her designee, shall respond in writing within five (5) calendar days from the day of the meeting.
Where a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of this grievance procedure,
within the time limits for the submission of a grievance in Step 1, and shall be signed by the aggrieved employees, and/or an PBA representative on the employees' behalf. Grievances
of a general nature shall be processed within the time limits hereinabove provided unless extended by mutual agreement in writing.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 79 Step 3 If the grievance has not been satisfactorily resolved in Step 2, and an appeal to the City Manager is
permitted pursuant to Section 4, the employee or the PBA if the employee elects PBA assistance, may present a written appeal to the City Manager within seven (7) calendar days from the
time the response was due from the Police Chief in Step 2. The City Manager, or his or her designee, and any staff requested by the City Manager or his or her designee, shall meet with
the employee (and the PBA representative, if the employee wishes him or her present), within five (5) working days. The City Manager or his designee shall respond in writing within seven
(7) calendar days from the date of the meeting. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. Nothing contained
in this article shall prevent any employee covered by this Agreement from processing his/her own grievance unassisted through the grievance procedure up to and including Step 3. Step
4 If a grievance, as defined in this article, has not been satisfactorily resolved within the grievance procedure, the PBA and only the PBA may request arbitration for PBA members. Members
of the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 80 bargaining unit who are not members of the PBA may also request arbitration. The request for arbitration shall
be in writing to the office of the City Manager no later than fifteen (15) calendar days after the City Manager's response is due in Step 3 of the grievance procedure. Section 3 A. The
arbitration shall be conducted under the procedural rules of the Federal Mediation and Conciliation Service unless in conflict with any provisions set forth in this Agreement or unless
otherwise agreed to or provided for by the parties in writing. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in
this article and to enforce compliance with the terms and conditions of the Agreement. B. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise
alter or supplement this Agreement or any part thereof or any amendment thereto. C. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this
Agreement not to be subject to arbitration, which is not a grievance as defined in this article, or which is not specifically covered by this Agreement.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 81 D. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively
to the question which is presented, which question must be actual and existing. E. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this
Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. F. It is contemplated that the City
and the employee shall mutually agree in writing as to the statement of the matter to be arbitrated prior to the hearing, and if this is done, the arbitrator shall confine his decision
to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the PBA (or the employee, if not represented
by the PBA) and the City shall submit a written statement of the grievance and the arbitrator shall confine his consideration to the written statement or statements submitted. This clause,
however, shall not be construed to permit either party to present issues through their written statements that would not otherwise be subject to the grievance and arbitration provisions
of this Contract. G. Each party shall bear the expense of its own witnesses and its own representatives. The parties shall bear equally the expense of the impartial arbitrator. Any
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 82 party requesting a copy of the transcript of such arbitration hearing shall bear the cost of same. Section
4 A. Discipline involving oral or written reprimands or suspensions without pay of three or less days may be processed through Step 2 of the grievance procedure. The decision of the
Police Chief or his designee is final and binding on the parties. B. Discipline involving suspensions without pay of four or five days may be processed through Step 3 of the grievance
procedure. The decision of the City Manager or his designee is final and binding on the parties. C. Discipline involving suspensions without pay of six to nine days may be processed
through Step 3 of the grievance procedure. The decision of the City Manager or his designee may be appealed by the employee or the PBA, if the employee elects PBA assistance. The appeal
shall be in writing and shall be filed with the City Manager within seven (7) days of receipt by the employee of notice of the City Manager's decision as a result of Step 3 of the grievance
procedure. The appeal shall be reviewed by a five member review panel composed of two members selected by the PBA, two members selected by the City, and one member selected and agreed
upon by the PBA and the City. The review panel shall hold an evidentiary hearing during which
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 83 the City and the employee may present witnesses and other relevant evidence. The employee may be represented
by a non-lawyer PBA representative who is an employee of the City, if the employee desires to be represented. The non-lawyer PBA representative will be permitted a reasonable period
of on-duty time to prepare for the evidentiary hearing. The City shall be represented by an Internal Affairs designee. After hearing the evidence, the review panel shall determine by
a majority vote whether the employee is guilty of the misconduct as charged. The review panel shall have no authority to change the penalty previously imposed. In this regard, the authority
of the review panel shall be governed by the provisions of paragraph E5 in the same manner that they are applicable to an arbitrator. The decision of the review panel shall be final
and binding upon the parties. D. Discipline involving discharge, suspension without pay of ten or more days, or disciplinary demotion, may be processed through Step 3 of the grievance
procedure. The decision of the City Manager or his designee shall be subject to arbitration. The arbitration shall be handled in accordance with the procedures outlined in Section 4E.
Step 4 of the grievance procedure shall be followed except that the arbitrator shall be selected as set forth in Section E2.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 84 E. Arbitration of disciplinary matters shall be handled as follows: 1. The provisions of Section 3 shall apply
except as modified by Section 4E2-5. 2. Immediately following ratification of this agreement and thereafter at the beginning of each fiscal year, the City and the PBA shall mutually
select a pool of five potential arbitrators to hear disciplinary cases. The arbitrator for any given case shall be selected by each party alternately striking the names of arbitrators
included in the pre-selected pool until one arbitrator remains, who shall hear the case. The employee shall make the initial strike. 3. The arbitration procedure shall be expedited such
that a hearing is held within thirty days of the appeal and an award is issued within thirty days following the conclusion of the hearing. If the award is not issued within the thirty
day time period, the arbitrator's fee shall be reduced proportionately to the number of days by which the arbitrator's decision is untimely. 4. There shall be no post-hearing briefs
unless both parties agree prior to the hearing that posthearing briefs may be submitted. 5. The arbitrator shall not substitute his judgment for that of the City as to the wisdom or
the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 85 degree of severity of the disciplinary action imposed, except as set forth in the last paragraph of this article.
The arbitrator's inquiry shall be limited to the following: (a) whether the City possessed evidence of the misconduct before imposing the discipline ultimately imposed; (b) whether the
employee is guilty of the misconduct as charged; (c) whether the discipline imposed is consistent with that imposed upon other employees who have committed the same or a similar offense
under the same or similar circumstances, and who have similar disciplinary and employment records. If the discipline imposed is more severe than that previously imposed upon employees
who have committed the same or a similar offense under the same or similar circumstances, and who have similar disciplinary and employment records, whether the City notified employees
of the change in disciplinary policy prior to the occurrence of the act being disciplined; (d) whether the City has demonstrated upon the record that it has considered the severity of
the punishment with regard to the nature and severity of the offense, the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 86 circumstances under which the offense was committed, the employee's past disciplinary and employment record,
the length of the employee's tenure with the City, and whether the employee was under probation at the time the offense was committed; (e) whether the City has demonstrated upon the
record that the degree of punishment which it has imposed was not selected at random or without reason (arbitrary), and that the degree of punishment did not arise from caprice (arbitrary);
(f) whether the City has demonstrated on the record that the degree of punishment which it has imposed is consistent in that it is not apt to change suddenly or unpredictably (capricious),
and is not inconsistent (capricious); (g) whether the City has demonstrated on the record that the degree of punishment which it has imposed is within that range of punishment for the
offense under the given circumstances upon which reasonable men can agree, notwithstanding that reasonable men might disagree upon the specific punishment imposed under the given circumstances.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 87 If the arbitrator finds that the City has complied with (a) through (g), the discipline determined by the City
shall be upheld. However, if the arbitrator finds that the City has not complied with (a) through (g), the arbitrator may determine the appropriate level of penalty.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 88 ARTICLE 38 WORKERS’ COMPENSATION The City agrees for Employees who sustain workers’ compensation qualified
injuries that the City will pay to such Employees amounts necessary to bring such employees to current full salary for ninety (90) calendar days and thereafter shall pay salary/benefits
to such employees in accordance with the requirements of the Florida Statutes. The ninety (90) calendar day status shall only commence, as needed, and at such time, as when an employee
initiates a need for this supplemental payment due to continuing absence from duty as caused by such injury. Once the ninety (90) day period commences it shall be available only from
that day forward for ninety (90) consecutive calendar days.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 89 ARTICLE 39 RETIREE INSURANCE Section 1 The Delray Beach Police Retiree Insurance Fund (“Retiree Insurance Fund”)
provides full or partial payments for health insurance premiums and other benefits on behalf of former bargaining unit employees of the City who separated from employment on or after
October 1, 2004. All eligibility requirements and benefits provided will be determined solely by the Board of Trustees of the Retiree Insurance Fund. Section 2 For fiscal years 2011-2012,
2012-2013, and 2013-2014 the City shall contribute to the Retiree Insurance Fund, on or before December 31 of each of those fiscal years, an amount equal to the benefits to be paid by
the Retiree Insurance Fund to those former employees of the City eligible to receive a benefit from the Retiree Insurance Fund for the 2012, 2013, and 2014 calendar years. During those
specified fiscal years, the requirements for eligibility to receive a benefit from the Retiree Insurance Fund and the amount of benefit to be paid by the Retiree Insurance Fund shall
not be modified by the Board of Trustees of the Retiree Insurance Fund. During those specified fiscal years, the Retiree Insurance Fund shall provide to the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 90 City, on or before December 1 of each specified fiscal year, a list of former employees eligible to receive
a benefit from the Retiree Insurance Fund along with the amount of benefit to be paid to each former employee. The City’s contribution shall equal the total of all benefits to be paid
to retired police lieutenants during each of the 2012, 2013, 2014 calendar years.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 91 ARTICLE 40 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties acknowledge and agree that during
the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within
the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.
Therefore, the City and the P.B.A., for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining with respect to any subject
matter referred to or matter covered in this Agreement or considered by the parties during collective bargaining negotiations resulting in this Agreement, subject to impact bargaining,
if any be lawfully required, and each agree that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered
by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties
at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking, and agreement of collective bargaining for and during
its term.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 92 ARTICLE 41 SEVERABILITY AND WAIVER Section 1 Should any section or provision of this Agreement or any portion
thereof, any paragraph, sentence, or word be declared by a court or agency of competent jurisdiction to be unlawful and unenforceable, such decision of the court or agency shall apply
only to the specific section or provision or portion thereof, directly specified in the decision and shall not affect the validity of the remainder hereof as a whole or part thereof,
other than the part declared to be unlawful and unenforceable. Upon the issuance of such decision, the parties agree to immediately negotiate a substitute, if possible, for the invalidated
section or portion thereof. Section 2 The exercise or non-exercise of the rights covered by this Agreement by the City or the P.B.A., except as to the notice provisions of Article 46,
concerning Duration, Modification, and Termination, shall not be deemed to waive any such right or the right to exercise them in the future.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 93 ARTICLE 42 PENSION PLAN MATTERS Section 1 The Union and the Employees agree that the City and/or the Police
and Firefighters Pension Board of Trustees may during this Contract period adopt amendments to Chapter 33 of the Code of Ordinances in order to add provisions specifying that the Pension
Board may utilize the services of an outside agency or business (experienced in insurance claims review, disabilities claims, or other related areas) to provide solely advisory opinions
to the Board of Trustees with regard to the granting or not granting of any disability retirement requests pending or submitted during the term of this Agreement. Section 2 The Union
and the Employees agree that Chapter 33 of the Code of Ordinances for the City of Delray Beach shall be amended so that the employee contribution to the Delray Beach Police and Fire
Retirement System is increased by three percent (3%).
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 95 hired prior to those dates shall not be subject to negotiation or modification pursuant to these reopener negotiations.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 96 ARTICLE 44 AMENDMENTS This Agreement may be amended at any time on mutual consent of both parties, but no such
attempted amendment shall be of any force or effect until placed in writing and executed by both parties hereto.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 97 ARTICLE 45 EXECUTION OF AGREEMENT Agreed to this _______ day of October 2011, by and between the respective
Parties through their authorized representatives. ATTEST: CITY OF DELRAY BEACH, FLORIDA __________________________ By:__________________________ City Clerk – Chevelle Nubin City Manager
– David T. Harden Approved as to form and legal sufficiency: ____________________________ City Attorney – Brian Shutt Dated this ________ day of October 2011. ATTEST: POLICE BENEVOLENT
ASSOCIATION _________________________ By:_________________________ John Palermo John Kazanjian, President PBA Representative ____________________________ Gary Lippman, General Counsel
MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Human Resources Director THROUGH: David T. Harden, City Manager DATE: October 3, 2011 SUBJECT: AGENDA ITEM 9.H. -REGULAR
COMMISSION MEETING OF OCTOBER 4, 2011 RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PBA POLICE OFFICERS AND SERGEANTS ITEM BEFORE COMMISSION The item before the Commission is ratification
of the Collective Bargaining Agreement with the Police Benevolent Association/Police Officers and Sergeants. BACKGROUND The attached three-year labor agreement has been ratified by the
Police Benevolent Association/Police Officers and Sergeants. The agreement duration is from October 1, 2010 -September 30, 2013, and provides major changes in the following areas: Hours
of Work Reduces the work week from 42 hours to 40 hours. Since these employees are hourly employees their pay will be reduced accordingly. Wages Provides step movement on the employee's
anniversary date, for employees performing satisfactorily, during the second year of the agreement (beginning 10/1/11) with a re-opener for year three. When it occurs the step increase
will offset the workweek reduction. Holidays Eliminates two paid holidays for Police Officers and Sergeants for fiscal years 2011-12 and 2012-13. Pension The employee contribution to
the Delray Beach Police and Fire Retirement System will increase by three percent (3%). A re-opener will allow negotiation of pension benefit changes for employees hired after October
1, 2012. Retiree Health Insurance Changes the 3.3% payroll contribution to the Retiree Health Insurance Fund (VEBA) to a contribution covering current retirees only. RECOMMENDATION Staff
recommends ratification of the Collective Bargaining Agreement with the Police Benevolent Association/Police Officers and Sergeants.
COLLECTIVE BARGAINING AGREEMENT between the City of Delray Beach and the Police Benevolent Association October 1, 2010 – September 30, 2013 POLICE OFFICERS AND SERGEANTS
CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT 2010-2013 TABLE OF CONTENTS Page Preamble 1 Article 1 Recognition 2 Article 2 Dues Check Off 3 Article 3 Union Representation 4 Article
4 P.B.A. Business 6 Article 5 Labor-Management Committee 9 Article 6 Bulletin Boards 11 Article 7 Solicitation of or by Employees 12 Article 8 Management Rights 14 Article 9 Hours of
Work and Overtime 20 Article 10 Wages 27 Article 11 Hospitalization Insurance 32 Article 12 Pension Plan Matters 34 Article 13 Holidays 35 Article 14 Vacation 37 Article 15 Sick Leave
41 Article 16 Leaves of Absence With Pay 44 Article 17 Leaves of Absence Without Pay 45 Article 18 Bereavement Leave 46 Article 19 Miscellaneous Considerations 47 Article 20 Nepotism
49 Article 21 New Employee Agreements 50 Article 22 Probationary Period -New Employees 51 Article 23 Probationary Period -Promoted Employees 52 Article 24 Seniority 54 Article 25 Promotions
58 Exhibit A Promotion in the Police Department 60 Article 26 Physical Fitness 62 Article 27 Outside Employment 64 Article 28 Resignation 66 Article 29 Non-Applicability of Civil Service
Act and Civil Service Rules and Regulations 68 Article 30 Compre. Alcohol & Drug Abuse Policy for City of Delray Beach Police Dept.Empl. 69 Article 31 Damage to City Property 77 Article
32 Discipline 79 Article 33 Absence Without Leave 84 Article 34 Police Bill of Rights 85 Article 35 No Strike 86 Article 36 Personnel Documents 88 Article 37 Uniform Allowance 89
CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT 2010-2013 Article 38 Disability Insurance 90 Article 39 Sick and Vacation Pay-out Accruals 91 Article 40 Take Home Vehicle Plan 92
Article 41 Grievance Procedures 93 Article 42 Workers’ Compensation 104 Article 43 Retiree Insurance 105 Article 44 Contract Constitutes Entire Agreement of the Parties 107 Article 45
Severability and Waiver 109 Article 46 Duration, Modifications, and Termination 110 Article 47 Amendments 111 Article 48 Execution of Agreement 112
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 1 PREAMBLE This Agreement is entered into by the employer, the City of Delray Beach, Florida, a Florida municipal
corporation, hereinafter referred to as "City", and the Police Benevolent Association, hereinafter referred to as the "P.B.A.", for the purpose of promoting harmonious relations between
the City and the bargaining unit represented by the P.B.A., hereinafter referred to as "members" or "employees", to establish an orderly and peaceful procedure for settling differences
which might arise and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work, and other conditions of employment. The terms, provisions,
and conditions of this Agreement shall have no retroactive effect, but shall only commence upon the effective date of this Agreement unless a specific article or provision of this Agreement
provides otherwise.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 2 ARTICLE 1 RECOGNITION Section 1 The City of Delray Beach recognizes the Police Benevolent Association (the P.B.A.)
as the certified bargaining agent for all employees in the bargaining unit for all matters relating to wages, hours, and terms and conditions of employment. Section 2 The bargaining
unit represented by the P.B.A. under this Agreement shall include all sworn employees of the Police Department within the ranks of police officer and sergeant. Excluded from the bargaining
unit shall be all non-sworn employees of the Police Department, the Chief of Police, majors, captains, and lieutenants. Section 3 Correspondence, communications, or notices required
by law or otherwise pertaining to bargaining unit members’ wages, hours and terms and conditions of employment shall be directed to: John Kazanjian, President Palm Beach County Police
Benevolent Association, Inc. 2100 N. Florida Mango Road Attention: General Counsel
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 3 ARTICLE 2 DUES CHECK OFF Bargaining unit members may voluntarily make arrangements with the City for a payroll
deduction of P.B.A. dues and uniform assessments. Upon receiving an authorization for dues deductions from the bargaining unit member, the City shall deduct such dues and uniform assessments
from the subject bargaining unit member’s compensation and remit the amount deducted to the P.B.A. The P.B.A. agrees to indemnify, defend, and hold the City harmless from and against
all claims, costs, demands, expenses, judgments, or other liabilities on account of dues or uniform assessments erroneously collected by the City and/or remitted to the P.B.A. The P.B.A.
further agrees to refund to the City any amounts paid to the P.B.A. in error, upon presentation of proper evidence thereof.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 4 ARTICLE 3 UNION REPRESENTATION Section 1 The City agrees that during the term of this Agreement it will deal
only with the authorized representatives of the P.B.A. in all matters requiring mutual consent or other official action called for by this Agreement. The P.B.A. agrees to notify the
City Manager and the Police Chief, in writing, of the names of such authorized representatives as of the execution of this Agreement and replacements therefore during the term of this
Agreement. Section 2 The P.B.A. likewise agrees that during the term of this Agreement, the P.B.A. and the employees covered hereunder shall deal only with the City Manager or his representative
in matters requiring mutual consent or other official action. Section 3 The P.B.A. may designate four (4) general representatives and one (1) chief representative, in addition to its
attorney, whose right it shall be to represent the employees in the bargaining unit, at those times set forth in this Agreement in which such employees are entitled to representation.
Should there be a change in the membership population, the ratio of general representatives to sworn officers shall be 1:40.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 5 Notice by the City to the chief representative, or to his designee in the absence of the chief representative,
shall be notice to all representatives, c/o the Delray Beach Police Department address. Employees shall retain the option of proceeding individually or being represented by a person
of their own choosing.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 6 ARTICLE 4 P.B.A. BUSINESS Section 1 Employees who are P.B.A. officials or their designees may be permitted by
the Police Chief or his designee to swap an unlimited, but reasonable, number of shifts during the contract year(s) to conduct P.B.A. business, provided a written request is submitted
at least seventy-two (72) hours prior to the timeoff period, and provided such request is approved by the Police Chief or his designee, such approval not to be unreasonably withheld.
No additional overtime shall be paid to employees of the bargaining unit as a result of such swapping of shifts, notwithstanding the provisions as set forth in Article 9 of this contract.
All such swapping of shifts must be completed within a six (6) month period of time. All such swapping shall be purely voluntary on the employee's part and shall be solely for the employee's
benefit and not that of the City; therefore, no overtime shall be paid as a result of such shift swapping. Section 2 A P.B.A. Time Pool shall be established on the basis of each P.B.A.
member contributing three (3) straight hours of vacation leave, holiday option time, or compensatory time, to be determined by the employee on how they choose to donate to the pool on
an annual basis. Said three (3) hours will be deducted
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 7 from each P.B.A. member's account in the second pay period of October and thereafter placed in the Bargaining
Unit Time Pool. No P.B.A. member is exempt from donating said time to the pool when a member has no available hours for the contribution. When a member accumulates appropriate leave
time after the annual deduction, the payroll clerk will deduct three (3) straight hours of leave time from vacation leave, holiday option time, or compensatory time bank as soon as hours
have been accrued. Section 3 The P.B.A. Time Pool will be charged for all hours during which an elected or appointed P.B.A. official is on an on-duty release to conduct P.B.A. business.
Section 4 All requests for the use of the P.B.A. Time Pool shall be submitted by the lead representative of the association or his/her designate to the Chief of Police or his authorized
designate at least three (3) calendar days in advance of the requested time off. However, this shall not preclude management from granting leave with less than three (3) days notice.
Section 5 At the sole discretion of the Chief of Police, said use of the P.B.A. Time Pool may be denied if the absence of P.B.A. officials creates insufficient manpower to maintain efficiency
of operations within the Police Department.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 8 Section 6 P.B.A. members, up to a maximum of four (4), shall be permitted to attend contract negotiations on
an on-duty status. Bargaining unit members on an off-duty status shall not be carried on an on-duty status for the sessions. In the event that staffing concerns arise regarding a P.B.A.
member's assignment conflicting with attending contract negotiations, supervisory approval shall be required prior to attending. Section 7 A P.B.A. Representative will be afforded a
reasonable amount of on-duty time to prepare and assist P.B.A. members in disciplinary actions. Representatives on an off-duty status shall not be carried on an on-duty status for this
purpose. In the event that staffing concerns arise regarding a representative's assignment conflicting with the proceedings supervisory approval shall be required beforehand.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 9 ARTICLE 5 LABOR-MANAGEMENT COMMITTEE Section 1 There shall be a Labor-Management Committee consisting of the
following employee-management representatives: (1) Three (3) bargaining unit representatives, as designated by the P.B.A. (2) Three (3) management Police Department employees, as designated
by the City Manager. Section 2 Meetings of this committee may be scheduled at the request of either party upon five (5) days notice in advance. The party requesting such a meeting shall
forward to the designated representative of the other party an agenda specifying those questions/issues to be presented for discussion. The time, place, and duration of discussion shall
be determined by the City. Section 3 The sole function of the Labor-Management Committee shall be to discuss general matters pertaining to employer-employee relations. The Committee
shall not engage in collective bargaining or the resolution of grievances.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 10 Section 4 The City will endeavor to schedule such committee meetings so as not to unduly interfere with the
regularly scheduled shift of any bargaining unit member designated to attend. The P.B.A. shall submit to the City Manager (or his designee) in advance, and keep current, a list of those
bargaining unit members who will be designated for said Committee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 11 ARTICLE 6 BULLETIN BOARDS The P.B.A. may provide two (2) serviceable, locked and glass-encased bulletin boards
in the Police Department building [one (1) at a designated and appropriate location on the first floor and one (1) at a designated and appropriate location on the second floor] for use
by the P.B.A. in posting notices of P.B.A. business and activities. All materials posted must be signed by an officer of the P.B.A., who shall be held responsible for the content of
such materials. A copy of all such materials shall be provided to the Police Chief or his designee in advance of such posting. The bulletins, notices, mobile digital computers, Microsoft
Outlook, or materials posted shall contain nothing of a political nature (excluding political material relating to P.B.A. elections) and nothing of a derogatory nature toward the City,
its elected officials, its officers, or employees, as determined by the City.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 12 ARTICLE 7 SOLICITATION OF OR BY EMPLOYEES Section 1 Unless specifically authorized by the City Manager, all
solicitations among City employees during working hours for commercial, charitable, or union purposes, and selling of tickets, magazines, and other merchandise, is prohibited. Section
2 Employee organizations, their members, agents, or representatives, or any persons acting on their behalf are hereby prohibited from and shall not be required to: A. Solicit public
employees during working hours of any employee who is involved in the solicitation. B. Distribute literature during working hours in areas where the actual work of public employees is
performed, such as offices, warehouses, schools, police vehicles, police stations, fire stations, and any similar public installations. This section shall not be construed to prohibit
the distribution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee's official duties.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 13 C. Solicit for commercial, charitable, or union purposes, and sell tickets, magazines, or other merchandise
while in City uniform or attire, or while using City vehicles or equipment.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 14 ARTICLE 8 MANAGEMENT RIGHTS Section 1 The City exclusively reserves and retains all rights, powers, prerogatives
and authority customarily exercised by management and held or exercised by the City prior to the certification of the P.B.A., except as limited by law or expressly modified by this Agreement.
Section 2 The City of Delray Beach shall have the right, subject only to express restrictions in this Agreement, and subject to the PBA's right if any to impact bargain, to exercise
its own discretion unilaterally on all of the following matters, whatever may be the effect on employment, when in its sole discretion it may determine it is advisable to do any or all
of the following: 1. To manage and administer the affairs of the City generally. 2. To decide the purpose of each of its constituent agencies. 3. To set standards of service to be offered
to the public. 4. To exercise control and discretion over its organization and operation.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 15 5. To direct its employees. 6. To take disciplinary action and discharge employees for just cause as to both
non-probationary and probationary promoted employees, and to take disciplinary action against and discharge with or without cause new probationary employees. 7. To relieve its non-probationary
employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary employee from the position to which he was promoted. In the event a promoted
probationary employee is removed for failure to satisfactorily perform job duties, he shall be returned to the position from which he was promoted (and this shall not be construed as
a limitation upon or a waiver of the City's right to discharge or discipline such a promoted probationary employee). The City may likewise remove other promoted probationary employees
which may be necessary because of the return of this employee to his former position. 8. To relieve other probationary employees from duty for any reason. 9. To determine and redetermine
work schedules. 10. To maintain order and efficiency in its operations. 11. To determine and redetermine starting and quitting times, in which case the City shall provide to the affected
employees five (5) calendar days notice in advance of any changes in such starting and quitting
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 16 times, except that no such advance notice shall be required in cases of emergency as determined by the City.
12. To determine and redetermine the number of hours to be worked, in which case the City shall provide to the affected employees five (5) calendar days notice in advance of any changes
in such number of hours to be worked, except that no such advance notice shall be required in cases of emergency as determined by the City. 13. To require employees to submit to a medical
examination by a physician designated by the City. 14. To promulgate rules and regulations for its employees not in conflict with the provisions of this Agreement. 15. To set the standards
and procedures for application, testing, selection procedures, and appointment to positions in the Police Department. 16. To take disciplinary action against employees who violate any
provisions of this contract or any rules and regulations promulgated by the City not in conflict with the provisions of this Agreement. 17. To enforce and make amendments to the General
Orders at any time, and to enforce the provisions in such General Orders against both probationary and nonprobationary members of the bargaining unit, and to take disciplinary action
against employees for failure to follow the provisions of such General Orders.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 17 However, the exercise of such rights by the City shall not necessarily preclude employees or their representatives
from raising grievances, should decisions on the above matter set forth in this subsection have the practical consequence of violating the terms and conditions of this Agreement. 18.
Under reasonable circumstances, to dismiss or otherwise relieve from duty employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her
for duty in the City service. 19. To require enhanced supervision of both probationary and non-probationary employees under reasonable circumstances. 20. To hire, retire, promote, demote,
evaluate, compensate, transfer, assign, direct, layoff, recall, or reward employees. 21. To determine, re-determine, and direct the policies, mode, and methods of performing work of
any sort. 22. To determine the qualifications for and to select its employees. 23. To determine the size and composition of its work force. 24. To assign overtime work and to select
persons to perform such overtime work, subject to existing practices of equitable distribution of overtime opportunities.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 18 25. To determine the number and types, and to control, regulate, or discontinue the use, of vehicles, equipment,
processes, materials, supplies, and other property, to be used, operated, or distributed. 26. To institute and establish new methods and procedures of training of unit employees, and
to engage in such training methods and procedures. 27. Subject to any legal rights of incumbent employees to the contrary, to determine and redetermine job content, job descriptions,
and all qualifications for job classifications. 28. To determine the amounts and types of work to be performed by employees. 29. To determine whether and to what extent the work required
in its operations shall be performed by employees covered by this Agreement. 30. To use managerial, supervisory, or other non-unit employees to perform work performed by employees of
the unit. 31. To open new facilities, and to transfer its operations or any part thereof to such new facilities, and to transfer or assign employees to new facilities. 32. To subcontract
all or any part of its functions, operations, or work. 33. Subject to any legal rights of incumbent employees to the contrary, to expand, reduce, alter, combine,
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 19 transfer, assign, cease or create any job, job classification, department or operation. 34. To introduce new,
different, or improved methods, means, processes, maintenance, service, and operations. 35. To discontinue conduct of its mission or operations in whole or in part. 36. To take all actions
necessary to ensure compliance with federal and state equal employment opportunity laws, including, but not limited to, Title VII of the Civil Rights Act of 1964 and the Americans With
Disabilities Act of 1990. 37. Except as specifically provided in this Agreement, to have complete authority to exercise those rights and powers which are incidental to the rights and
powers enumerated above.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 20 ARTICLE 9 HOURS OF WORK AND OVERTIME Section 1 The work cycle for regular full time employees shall be eighty
(80) hours in a 2-week cycle. The number of hours per day and days per week shall be determined by the Police Chief. Work schedules of bargaining unit members shall be established and
implemented in the sole and exclusive discretion of the Police Chief. Section 2 It is recognized and understood that deviations from the foregoing normal schedules of work will be necessary
and will unavoidably result from several causes, such as but not limited to: rotation of shifts, vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests,
temporary shortage of personnel, and emergencies. No such deviation shall be considered a violation of this contract. Recognizing that the Department has an obligation to provide sufficient
manpower, the City will attempt to avoid causing an employee covered by this Agreement to work two (2) consecutive shifts, except in unusual circumstances as determined by the Chief
of Police or his authorized designee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 21 Section 3 For all employees the scheduled work day shall be broken down into fifteen (15) minute segments.
An employee shall be noted as late for work if he/she does not report ready for work at his/her work station at his/her starting time. If an employee reports for work late, eight (8)
minutes or more after the scheduled time, he/she shall be docked in major segments of one-quarter (1/4) of an hour. Section 4 The City agrees to pay overtime at the rate of time-and-ahalf
after eighty (80) hours based on a 14-day work cycle. This work cycle shall coincide with the bi-weekly pay periods. Overtime compensation will be computed at the end of each 14-day
work cycle with compensation for same being on the following paycheck. In the computation of such overtime compensation, employees shall receive credited hours for any vacation days,
and compensatory time which may occur within the pay cycle. Employees shall not receive credited hours for any sick leave, holidays, union time pool or any other leave time except workers
compensation which may occur within the pay cycle. Section 5 Both parties hereto agree, and the P.B.A. acknowledges, that the City has declared members of the bargaining unit to be "7(k)"
employees for purposes of application of the Fair Labor Standards Act. Forms acknowledging this fact for each
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 22 individual employee shall be provided by the City for acknowledgment by the employee. Section 6 Credit towards
overtime shall not be accrued until an employee has worked eight (8) or more minutes beyond his/her normal schedule for the day. Once that eight (8) or more minutes has been worked,
he/she shall accrue overtime credit for that fifteen (15) minute segment and subsequently for any additional fifteen (15) minute segments, computed in a like manner. Section 7 If an
employee covered by this Agreement is called out to work outside his/her normal working hours, he/she shall receive a minimum of three (3) hours pay at time and one-half (1 1/2) his
or her regular rate of pay. Section 8 Officers and Sergeants working 11.5 hour schedules work a total of 80.5 hours within each pay period. Every employee under this deployment schedule
will be given off ½ hour every pay period.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 23 Section 9 1. Upon the mutual agreement of the employee and the City, an employee will be awarded compensatory
time at the rate of one and one-half hours of compensatory time for each hour of overtime worked, in lieu of overtime pay. 2. The maximum amount of compensatory time that any employee
can accrue is 72 hours. When an employee accrues the maximum permissible compensatory leave, the employee shall be paid for all overtime hours in excess of the maximum at the rate of
one and one-half times the employee's current rate of pay. 3. Employees wishing to use accrued compensatory time shall make a request to do so to their Shift Commander at least 48 hours
in advance of the time that the employee wishes to use the leave time. Requests to use accrued compensatory time with less than 48 hours notice may be approved in extraordinary circumstances,
as determined by the Police Chief or designee. 4. Requests to use accrued compensatory time shall be reviewed on a first come, first serve basis, and approved based on the operational
needs of the shift for the time period requested, as determined by management. When an employee’s request to use compensatory time off is denied as to specific dates, the City will upon
request, advise
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 24 the employee of alternate dates that are available to schedule compensatory time off. Because of the unique
staffing needs of law enforcement agencies, no employee can be guaranteed that his or her request to take compensatory leave on a particular day or days will always be granted. However,
employees who request the use of compensatory time shall be permitted to use such time within a reasonable period after making the request, if the use of compensatory time does not unduly
disrupt the operations of the department. The request will be deemed to have been granted within a reasonable period if the City offers to allow the employee to take compensatory time
off within one-hundred eighty (180) days of the final date requested by the employee. EXAMPLE: On February 1, 2005, an employee requests to take compensatory leave beginning on March
1 and ending on March 5, 2005. Management denies the requests for those particular dates. The request will be deemed to have been granted within a reasonable period if the Employer offers
alternate compensatory time off on or before August 27, 2005. In the event the request to use compensatory time cannot be granted within a reasonable time as defined in this subsection,
the employee may elect to be paid for the compensatory time that was not granted.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 25 5. Employees may request to use compensatory time to take off earlier than the time that the employee’s shift
ends. Because of the nature of law enforcement services, there are certain activities performed by police officers which cannot be postponed until a later date, and cannot be transferred
to another officer for completion. Examples of such activities include, but are not limited to: processing of an arrest; completion of arrest or incident reports; continuation of an
ongoing pursuit. Therefore, where such requests to use compensatory time are granted, the approval shall be made on a “conditional” basis, as follows: In the event that an employee is
involved in a task or activity that cannot be postponed until a later date, and cannot be completed by another officer, at the time the compensatory leave is scheduled to begin, the
compensatory leave will be postponed until the employee has completed the task or activity. In such cases, the employee’s compensatory leave account will not be charged for the time
that he or she is held over. The employee will continue to be paid for the time he or she is held over at the otherwise applicable rate of pay. Employees who are given conditional approval
to use compensatory time to take off earlier than the time the employee’s shift normally ends, and then who are required to remain on duty, are not entitled to call out pay.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 26 6. Upon termination of employment for any reason, employees shall be paid for all accrued compensatory time
at the employee’s regular rate of pay at the time of the separation. Section 10 An employee who is temporarily and continuously assigned by the proper authority to perform the duties
of a higher classification for more than three (3) consecutive shifts, will be compensated for the time spent in the higher classification at a rate of five percent (5%) above his/her
regular base salary. Once additional compensation commences, it will be paid retroactive to when the employee first began the continuous service as an acting supervisor, and shall continue
until the employee's continuous service as an acting supervisor ceases.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 27 ARTICLE 10 WAGES Section 1 It is agreed between the parties that the salary schedule for bargaining unit employees
is as follows: Fiscal Years 2010-2013 Police Officer (in training) $36,863 Section 2 Upon the Police Department certifying that a police officer-in-training has completed the Academy
Training program and has passed the State Certification Exam, such officer shall be placed in Step 1 for the classification of Police Officer. If the employee is hired as a police officer-in-training
, the employee’s performance evaluation date shall be the date the Police Department certifies such employee as an entry level Police Officer.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 28 Section 3 The following ten (10) step plan shall be as follows: Step Plans for 2010-2013 Step Plan w/Associate’s
Degree Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Police Officer 44,310 21.30 46,526 22.37 48,852 23.49 51,295 24.67 53,860 25.90 56,553 27.19 59,381 28.55
62,350 29.98 65,468 31.49 68,741 33.05 Police Officer First Class 45,310 21.79 47,576 22.88 49,955 24.02 52,453 25.22 55,076 26.48 57,830 27.81 60,722 29.20 63,758 30.66 66,946 32.19
70,293 33.79 Career Officer 1 51,005 24.53 53,555 25.75 56,233 27.04 59,045 28.39 61,997 29.81 65,097 31.30 68,352 32.87 71,770 34.50 Career Officer 2 54,605 26.26 57,335 27.57 60,202
28.95 63,212 30.40 66,373 31.92 69,692 33.51 73,177 35.18 Career Officer 3 58,385 28.07 61,304 29.48 64,369 30.95 67,587 32.50 70,966 34.12 74,514 35.82 Master Police Officer 62,354
29.98 65,472 31.48 68,746 33.06 72,183 34.71 75,792 36.44 Sergeant 58,039 27.91 60,941 29.30 63,988 30.77 67,187 32.31 70,546 33.92 74,073 35.62 77,777 37.40 81,666 39.27 85,749 41.23
90,036 43.29 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Police Officer 46,390 22.31 48,606 23.37 50,932 24.49 53,375 25.67 55,940 26.90 58,633 28.19 61,461
29.55 64,430 30.98 67,548 32.48 70,925 34.10 Police Officer First Class 47,390 22.79 49,656 23.88 52,035 25.02 54,533 26.22 57,156 27.48 59,910 28.81 62,802 30.20 65,838 31.66 69,026
33.19 72,477 34.84 Career Officer 1 53,085 25.53 55,635 26.75 58,313 28.04 61,125 29.39 64,077 30.81 67,177 32.30 70,432 33.87 73,954 35.55 Career Officer 2 56,685 27.26 59,415 28.57
62,282 29.95 65,292 31.40 68,453 32.92 71,772 34.51 75,361 36.23 Career Officer 3 60,465 29.07 63,384 30.48 66,449 31.95 69,667 33.50 73,046 35.12 76,698 36.87 Master Police Officer
64,434 30.98 67,552 32.48 70,826 34.06 74,263 35.71 77,976 37.49 Sergeant 60,119 28.91 63,021 30.30 66,068 31.77 69,267 33.31 72,626 34.92 76,153 36.62 79,857 38.40 83,746 40.27 87,829
42.23 92,220 44.34
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 29 Step Plan w/Bachelor’s Degree Effective October 1, 2011, employees of the bargaining unit shall be eligible
for step movement until September 30, 2012. Topped-out employees will receive no wage increases. Effective October 1, 2012, step movement will not occur unless and until it is provided
for in an agreement between the parties pursuant to re-opener negotiations. Section 4 Bargaining unit employees shall continue to receive an annual performance evaluation on the employee’s
employment anniversary date, or last promotion date, whichever occurs later. No step increase shall be paid if an employee’s overall performance evaluation is unsatisfactory. Step 1
Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Police Officer 48,470 23.31 50,686 24.37 53,012 25.49 55,455 26.67 58,020 27.90 60,713 29.19 63,541 30.55 66,510 31.98
69,628 33.48 73,109 35.15 Police Officer First Class 49,470 23.79 51,736 24.88 54,115 26.02 56,613 27.22 59,236 28.48 61,990 29.81 64,882 31.20 67,918 32.66 71,106 34.19 74,661 35.89
Career Officer 1 55,165 26.53 57,715 27.75 60,393 29.04 63,205 30.39 66,157 31.81 69,257 33.30 72,512 34.87 76,138 36.60 Career Officer 2 58,765 28.26 61,495 29.57 64,362 30.95 67,372
32.40 70,533 33.92 73,852 35.51 77,545 37.28 Career Officer 3 62,545 30.07 65,464 31.48 68,529 32.95 71,747 34.50 75,126 36.12 78,882 37.92 Master Police Officer 66,514 31.98 69,632
33.48 72,906 35.06 76,343 36.71 80,160 38.54 Sergeant 62,199 29.91 65,101 31.30 68,148 32.77 71,347 34.31 74,706 35.92 78,233 37.62 81,937 39.40 85,826 41.27 90,000 43.27 94,500 45.43
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 30 Annual performance evaluations shall be conducted pursuant to the Police Department’s Employee Performance
Evaluation criteria and forms, as determined by the City. Section 5 Educational Incentive Compensation – Employees covered by this agreement who possess or obtain a Bachelor’s and/or
Associate Degree levels of higher education from certified colleges and universities shall be compensated in accordance with the Step Plan for Associate’s Degree and Bachelor’s Degree.
Section 6 Community Patrol/Community Response Incentive – A Community Patrol/Community Response Incentive, designed to attract and compensate experienced officers and sergeants to work
evening and midnight shift shall be paid on a cent per hour basis. Accordingly, an assignment where the majority of the shift hours occur after 5:00 p.m. shall be paid at $.75 per hour.
Community Patrol and Community Response Officers and Sergeants assigned to these shifts shall be eligible for such compensation provided such officers shall have completed the Field
Training Program. Officers may be removed from these assignments for cause as articulated by Police Management. The parties understand that this compensation is subject to review and
modification. It is further understood that through a reorganization of the Police Department, the work schedule that
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 31 presently exists may in fact be altered causing the parties to re-examine this issue and make appropriate modification.
Section 7 The Chief of Police shall have the authority to hire Florida State Certified applicants and/or those with the advanced academic degrees at two (2) Steps above the entry rate
for a Police Officer. Section 8 Employees who are fluent (speaking, reading, writing and listening) in Creole or Spanish will be eligible for Language Incentive pay at the rate of $.43
per hour. The Language Incentive shall be paid as a bonus outside the salary range and shall be included in overtime and pension calculation. To be eligible for the Language Incentive
pay, employees must first pass a language proficiency test given by a vendor selected by the City.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 32 ARTICLE 11 HOSPITALIZATION INSURANCE Section 1 The City agrees to pay the total medical and hospitalization
insurance premium for all bargaining unit employees for the coverage that is in effect for general employees. The City may change such coverage, provided that the change in coverage
is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the total hospitalization premium
for all bargaining unit employees under the new coverage. Section 2 All bargaining unit employees shall pay the total medical and hospitalization insurance premiums for any dependant
coverage which they may elect. The parties agree that state or federally mandated health insurance plans may impact the parties rights and obligations. The parties agree that if there
are such mandates during the duration of this contract, the impact thereof shall be subject to bargaining. Section 3 The City reserves the right to change the medical and hospitalization
insurance carrier, but the level of deductibles
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 33 and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement.
Section 4 The City will maintain an insurance committee to discuss and review the City's insurance program, and to make recommendations to the City Manager regarding the City's insurance
program(s). The insurance committee will be composed of one representative from each of the bargaining units in the City, a representative of the non-bargaining unit employees of the
City, and management representatives. The City Manager will select the management members of the insurance committee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 34 ARTICLE 12 PENSION PLAN MATTERS The PBA and the employees hereby recognize and agree that during the life of
this agreement, the agreement concerning pension matters executed by the parties in October and November, 1993 and as amended in August, 1999 and as amended in April 2004, shall be continued
in full force and effect.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 35 ARTICLE 13 HOLIDAYS Section 1 The following days shall be holidays for all regular fulltime employees: New
Year's Day Independence Day Martin Luther King, Jr.'s Birthday Thanksgiving Day Memorial Day (last Monday in May) Thanksgiving Friday Personal Holiday Christmas Eve (1 per fiscal year)
Christmas Day and any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, provided the employee
has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Police Chief and City Manager. For employees who have completed the
probationary period set forth in Article 22 of this Agreement, employees shall have nine (9) holidays (72 hours), the dates for which may be selected in advance by the employee, subject
to the approval of the Police Chief or his authorized designee, on any regular scheduled work day during the contract period, subject to Section 2 below, provided that no more than three
(3) such holidays shall be permitted per calendar month, and the selection by the employee must be made no later than twenty-four (24) hours prior to the date(s) selected.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 36 Section 2 Employees who have successfully completed probationary status will receive 72 hours of Holidays per
fiscal year. A maximum of 36 hours can be used for pay out of holiday options, and a minimum of 36 hours must be used for time off.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 37 ARTICLE 14 VACATION Section 1 Regular, full-time bargaining unit members shall receive annual vacations, which
may be accumulative from year to year, pursuant to the provisions set forth in Section 6, below. Section 2 VACATION ALLOWANCE CHART Years of Continuous Service Other Full Time Personnel
Over, but less than Vacation Hours 0 years 3 years 8.00/month 3 years 7 years 9.33/month 7 years 11 years 10.66/month 11 years 12.00/month The accumulation of vacation days at each of
the stages referenced above shall commence during the fourth, eighth, or twelfth years, respectively, of continuous service. For example, an employee in his/her fourth year of continuous
service would be earning vacation time at the rate of one hundred twelve (112) work hours per year so that at the end of the fourth year of continuous service for that fourth year, the
employee would have available one hundred twelve (112) work hours to take during the next year (the fifth year); and, that the rate of one hundred twelve (112) work hours per year vacation
time would continue to be accumulated annually in the fifth, sixth, and seventh years of continuous service; the rate
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 38 of one hundred twenty-eight (128) work hours would then be accumulated between the employee's seventh anniversary
date and the employee's eighth anniversary date. B. A member of the bargaining unit shall not be eligible to take any vacation time in the first year of continuous service. An employee
shall be considered as earning vacation time in the first year of continuous service, however such vacation time shall actually be taken in the second year of continuous service. Section
3 Continuous service shall be considered to be any service in which there has been no interruption by resignation, absence without leave, or by involuntary separation or lay-off in excess
of one year. Absence due to military service, injury in line of duty, or sick leave with pay shall not serve to interrupt continuous service unless the employee was employed by another
employer during such period of absence. Absence due to leave without pay shall not be construed as an interruption of continuous service, but vacation benefits shall not be accrued during
such leave. Section 4 When legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 39 be added to the normal number of vacation days allowed, or paid as straight time, at the employee's option.
Section 5 An employee resigning from the service of the City in good standing shall be paid for any vacation credit accumulated prior to resignation, provided: A. He/she has completed
one year of continuous service. B. He/she gives at least two weeks' written notice of his intent to resign and the written notice or copy of same is filed with the City Manager's office
at least two weeks prior to termination. Section 6 Vacation time is subject to the following requirements: The maximum accumulation permitted will not exceed two hundred eighty-eight
(288) working hours. All vacations, including those periods made mandatory above, including the timing of such vacation and the actual number of days taken, are made expressly subject
to the approval of the Chief of Police and City Manager. Section 7 All personnel will have leave request/lock out guidelines to follow to ensure that they will have equal opportunities
at leave time while maintaining seniority consideration where applicable. Leave will be considered approved when signed by the Division/District Commander, supervisor, or his/her designee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 40 Outside 60-days – leave requests 61 days or greater from the time the requested leave begins will allow for
bumping by senior employees for any and all leave requests. 31-60 days – from the time the requested leave begins, bumping based upon Seniority is permissible for requests of less than
one work week. One (1) day to 30 days – from the time the requested leave begins does not allow for any bumping. All requests within this time frame will be granted on a first come-first
served basis.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 41 ARTICLE 15 SICK LEAVE Section 1 The P.B.A. recognizes that sick leave is not a privilege which an employee
may use at his discretion and it shall be allowed only for the following: 1. Employee's injury, illness or quarantine due to exposure to contagious disease. 2. Actual illness of a member
of an employee's immediate household (wife, husband or child) where care by the employee is required. Section 2 All regular full-time employees may be given sick leave with pay at the
rate of 8 hours for each calendar month of continuous service during which there were no absences without leave, provided: 1. Sick leave credits shall accrue during the first six months
of service, but shall not be granted until completion of six months of continuous service. 2. If employment begins on or before the fifteenth day of the month sick leave credit shall
be given for the entire month. If employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 42 3. If an employee works less than half the normal work days during a month for reasons other than vacation,
sick leave shall not be credited for that month. 4. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick
leave accumulation that may be accrued is one thousand one hundred twenty (1,120) hours. The employee may bank all unused sick leave each year until the one thousand one hundred twenty
(1,120) hours maximum is reached. Section 3 Employees who resign in good standing shall receive pay at their then regular hourly rate for the portion of their accrued sick leave stated
below, not to exceed a total payment of five hundred sixty (560) hours: Percentage of Accrued Sick Years of Service Leave to Be Paid 0 -5 -0-5 -10 25% 10 -15 50% 15 -20 75% 20 or more
100% or up to 560 hrs. Employees who retire from the City in good standing after twenty (20) years under the City of Delray Beach Police and Firefighters Retirement System shall receive
pay at their then
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 43 regular hourly rate for their total amount of accrued sick leave, not to exceed the maximum allowed accrual
of one thousand one hundred and twenty (1120) hours. Section 4 Employees reporting in sick or unable to report for duty must do so not later than thirty (30) minutes prior to their reporting
time, except in cases of emergency as determined by the Police Chief. All employees will report to the Communications Section. Reporting must be done by the employee himself/herself,
and any failure to report shall be considered as absence without leave. The Police Chief or his designee may investigate absences on account of sickness to determine their validity.
When absence is for three or more working days, the Police Chief may require the employee to provide a certificate from a physician, certifying to the actual disability of the employee,
or may require a letter from the employee explaining the reasons for such absence. Violations of this policy may result in discipline up to and including termination. Section 5 In case
of death of an employee, payment for unused sick leave, pursuant to Section 3, shall be made to the employee’s beneficiary, estate or otherwise provided by law.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 44 ARTICLE 16 LEAVES OF ABSENCE WITH PAY Employees may be granted leaves of absence with pay upon approval of
the Police Chief and the City Manager for the following: A. Jury duty or other required appearances before a court or other public body, except such appearances required because of the
personal matters of the employee or his family. B. Official training courses such as conferences, conventions, workshops, or similar meetings approved by the City. Under these provisions,
no overtime pay will be considered. Leaves of absence with pay will not be considered as hours actually worked in the computation of time-and-a-half payment of overtime at the end of
the work cycle during which they occurred unless such leaves are directly concerned with City business and the employee was directed by the Police Chief to use such leave in order to
conduct City business. Provided, however, that in the case of any leave of absence with pay which may be granted to attend training sessions which are required by the City, such time
shall be considered as hours worked for purposes of calculations under the provisions, where applicable, of the Fair Labor Standards Act.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 45 ARTICLE 17 LEAVES OF ABSENCE WITHOUT PAY Upon written request of an employee and approval by the Police Chief,
the City Manager may grant a leave of absence without pay when it will not result in undue prejudice to the interests of the City.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 46 ARTICLE 18 BEREAVEMENT LEAVE Section 1 When a death or critical illness, in which death appears to be imminent
occurs in the family of an employee, the employee may be allowed three (3) shifts if occurring in the State of Florida and five (5) shifts if occurring outside the State of Florida,
bereavement leave with pay. For the purpose of this article, family is defined as follows: father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, grandchild, grandparents, foster parents, foster children, step-children, step-parents or domestic partner as qualified through Palm Beach County’s domestic
partner registration program. No other persons shall be contained within the definition of family except as specifically set forth herein. Section 2 Bereavement leave will not be charged
against sick leave, vacation, or holiday time. Additional time for bereavement leave may be requested by the employee, and if granted by Police Chief and City Manager, shall be charged
to one of the foregoing categories. Section 3 The employee may be required by the Police Chief to furnish evidence of the facts justifying the use of bereavement leave.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 47 ARTICLE 19 MISCELLANEOUS CONSIDERATIONS Both parties acknowledge that during the term of this agreement the
City, with input from members of the Police Department, will agree to further study certain additional matters regarding the employment conditions and terms for bargaining unit employees,
including: A. A review of the individual performance appraisal form and the step plan system utilized by the City to determine the acceptability and feasibility to the City of instituting
a revised system wherein all employee evaluations since the employee's last anniversary date would be averaged to arrive at the employee's rating, that an average "satisfactory" or higher
rating for the review period would be required to move to the next higher step, while receiving below this "satisfactory" rating would receive no step increase; and, B. A review of promotional
qualifications concerning the acceptability and feasibility of instituting as a qualification for promotion, a minimum number of years experience, either in law enforcement or with the
City, prior to taking the written examinations for promotion to sergeant; and, C. A review of establishing a new or instituting revisions to the existing program(s) for the award of
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 48 certificates or the like recognizing exemplary service or significant contributions by sworn Police Department
employees. The P.B.A. agrees that it shall be its obligation to submit in a timely fashion to the City any ideas concerning the above in order for the City to consider same during this
contract period; and further, the P.B.A. acknowledges that the City must examine any and all such proposals in light of its City-wide and Department-wide responsibilities and considerations,
and that although all proposals will be given the appropriate consideration and review, any decisions to accept or reject any and all such proposals shall be within the City's sole discretion.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 49 ARTICLE 20 NEPOTISM No City official or employee in a managerial or supervisory capacity may be appointed,
employed, promoted, or advanced in or to a position in any other department where that person would exercise regulation or control over any individual who is a relative of the City official
or employee. A person who is a relative of a City official or employee may not be appointed, employed, promoted, or advanced in or to a position in any department if the related City
official or employee is, or would be, the person’s supervisor or who would exercise any dominion or control over or otherwise regulate the duties and responsibilities of the person,
or if the person would supervise or exercise any dominion or control over or otherwise regulate the duties and responsibilities of the related City official or employee. "Relative",
as used herein, means a person who is related by blood, marriage or adoption as father, mother, son, daughter, brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece,
husband, wife, father-in-law, mother-in-law, brother-inlaw, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 50 ARTICLE 21 NEW EMPLOYEE AGREEMENTS All new employees shall be required by the City to execute an agreement
with the City, on a form to be provided by the City, in which the employee agrees, in addition to repayment of tuitions as provided for in Florida Statutes §943.16, that any such new
employee who leaves the employment of the City voluntarily prior to the expiration of three (3) full years of employment with the City, shall reimburse the City all other costs or expenses
for education/training and for clothing or uniforms which had been paid for by the City to the date of the termination of employment. Furthermore, in such agreement, the City shall require
and the employee shall agree that any such amounts due and owing to the City upon said employee's voluntary termination shall be withheld by the City from said employee's paycheck(s)
and/or any other financial benefits otherwise paid by the City to that employee. This shall not be construed to constitute a waiver or otherwise prohibit the City from collecting any
additional amounts owed pursuant to this Agreement through any other legal process.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 51 ARTICLE 22 PROBATIONARY PERIOD -NEW EMPLOYEES The probationary period for non-entry level new employees covered
by this Agreement shall be one (1) year from the date that the employee is sworn in with the Delray Beach Police Department. New, entry level Police Officers-In Training shall have a
probationary period of eighteen (18) months from the date that the employee is hired by the Delray Beach Police Department. New probationary employees shall have no right to utilize
the grievance/arbitration procedure contained in this Agreement or any other internal City policy or procedure for any matter concerning discharge, suspension, or other discipline.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 52 ARTICLE 23 PROBATIONARY PERIOD -PROMOTED EMPLOYEES Section 1 There shall be a probationary period of one year
for each employee in the bargaining unit who is promoted to a higher classification within the bargaining unit. This probationary period shall commence from the employee's initial regular
assignment to the higher classification. During the one year probationary period, the City Manager or his designee shall have the right to remove the probationary employee from the position
to which that employee was promoted with or without cause. Any probationary employee so removed shall have no right to appeal said action under the provisions of this Agreement, or any
other policy or procedure. A probationary promoted employee who is removed from the position to which he was promoted, shall return to the position from which he was promoted (however,
this shall not be construed as a limitation on or a waiver of the City's right to dismiss or discipline such a probationary promoted employee for just cause). Other probationary promoted
employees may also be removed and returned to their former positions if made necessary because of the return of such a probationary promoted employee to his former position. In this
event, none of the employees moved back to their former position will have a right to appeal said action under the provisions of this Agreement, or any other policy or procedure.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 53 Section 2 The Chief of Police, at his sole discretion, may extend the probationary period for a period not
to exceed 90 calendar days, during the pendency of an internal affairs investigation.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 54 ARTICLE 24 SENIORITY Section 1 The City agrees that seniority shall consist of continuous accumulation of paid
service with the Department. It shall be computed from the date of employment as a sworn employee with the Department. Seniority shall accumulate during all approved leaves of absence
of thirty (30) days or less and during approved leaves of absence of less than one (1) year when such leaves are due to job related illness or injury. Section 2 Subject to supervisory
approval, the choice of vacation periods shall be as follows: Vacation periods shall be chosen on the basis of seniority. Seniority for the choice of vacation shall be calculated based
on the beginning date of an employee's most recent period of continuous paid service with the Police Department. If more than one employee started with the Police Department on the same
date, then seniority for those employees shall be established based on the date they filed an application for employment. If more than one employee filed an application for employment
on the same date, seniority for those employees shall be based on the alphabetical order of their last names. Vacation periods for sergeants shall be chosen on the basis of seniority.
Seniority for the choice of vacation shall be
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 55 calculated based on time in rank with the police department. If two sergeants have the same time in rank, then
seniority for those sergeants shall be established by date of hire. Section 3 In the event of layoff for any reason, the employees shall be laid off in the inverse order of seniority
in their classification only. Employees who are affected by a layoff and have received satisfactory performance evaluations during the year preceding the layoff shall have the opportunity
to bump. Employees who are affected by a layoff and have received less than satisfactory performance evaluations during the year preceding the evaluations shall, with approval of the
Police Chief, have the opportunity to bump. Employees shall be recalled from layoff in the inverse order of layoff (last out, first back) if said employees to be recalled are physically
qualified to perform the work available at the time of recall. The City further agrees that no new employees in a particular classification will be hired for one (1) year or until all
employees in that particular classification on layoff have been given the opportunity to return to work, whichever comes first, in accordance with the provisions of this article. "Recall"
from layoff shall mean notifying a laid off employee to return to work by registered mail sent to the last address listed with the Department as his home address or by giving a laid
off employee personal notice to return to work. If the affected employee has not responded to recall within three (3) work days
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 56 of the return receipt date on the recall notice or if the recall notice is returned by the Post Office to the
City due to inability to locate the addressee, or if the affected employee has not responded to personal notice recall within three (3) work days, then that employee shall be considered
to have refused recall. Section 4 Shift work assignments shall be made according to seniority. For purposes of this section, seniority is defined as the amount of continuous service
an employee has in his/her rank. Shift selection shall occur one time annually. 1. All efforts shall be made by the City to abide by seniority as it affects shift work assignments. In
those instances where the City determines that the compelling need of the City outweighs the individual employees seniority right to shift selection, that City may veto that selection
based upon just cause. The affected employee shall have the right to appeal this veto through the chain of command to the level of Chief of Police who shall possess the power of final
and binding arbitrator. 2. Management reserves the right to determine the staffing levels. 3. The City shall not make a shift assignment that is arbitrary and capricious.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 57 4. In the event of a vacancy between the described selection period, the filling of that vacancy shall be based
on seniority as defined in this section.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 58 ARTICLE 25 PROMOTIONS Section 1 --Promotional Procedure The City will announce promotional examinations at
least thirty (30) days in advance. A copy of any reference material in the City's possession will be made available. All promotional vacancies shall be filled in accordance with criteria
established by the City Manager or his/her designee. Promotional examinations and eligibility for same shall be conducted in accordance with the procedures and requirements set forth
in Exhibit A to this contract, a copy of which is attached hereto and made a part hereof. The employees or the P.B.A. may offer suggestions to the Police Chief as to changes in the criteria
to be used for filling promotional vacancies. The acceptance or rejection of these suggestions shall be at the sole discretion of the City Manager or his designee. The parties agree
that although none of the members of the bargaining unit shall be covered under any Civil Service Act of the City of Delray Beach, the City may utilize the services of the Civil Service
Board for the purposes of preparation, monitoring, and scoring of both entrance level and promotional examinations. However, the use of the Civil Service Board by the Personnel Department
in such a manner shall not be construed as providing the Civil Service Board with any jurisdiction.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 59 Employees do not have the right to file any appeals or grievances with the Civil Service Board relative to
the examinations, including, but not limited to the examinations, conditions, scores, and the contents of the examinations themselves. Section 2 --Effect of Promotion on Wages and Employment
Anniversary Date (a) When an employee is promoted into a Sergeant’s classification, the employee’s wages shall be increased to ten percent (10%) more than the employee earned prior to
the promotion. At the time of promotion the rate of pay will be adjusted to the next higher step in the Sergeants Step Plan. The employee will then increase one full additional Step
(5%). Said employee shall receive a lump sum bonus of the difference between the combined increase to salary and 10%. (b) If at the time of promotion the rate of pay adjusted to the
next higher Step in the Sergeants Step Plan yields an increase of over 10%, the promoted employee will remain in Step 1 as a Sergeant until their next performance evaluation date and
will not increase an additional Step or receive a lump sum bonus. (c) If an employee's wages are increased more than ten (10%) as a result of a promotion, the employee's annual performance
evaluation date will be changed to the date of the promotion.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 60 EXHIBIT A PROMOTION IN THE POLICE DEPARTMENT All sworn personnel desiring promotion in the Police Department
will be required to take the appropriate promotional examination. In addition to the general requirements for City promotion, employees will be required to meet the following qualifications
to be admitted to such examination: A. Admission to examination for promotion to sergeant shall be restricted to police officers who have been in that position continuously for three
(3) years with the City of Delray Beach immediately preceding the examination. B. Admission to examination for promotion to lieutenant shall be restricted to sergeants who have been
in that position for one (1) year continuously with the City of Delray Beach immediately preceding the examination. C. Anyone taking an examination shall be an employee of the Police
Department of the City of Delray Beach at the time of taking such examination. D. An employee within the period of an authorized leave of absence from the Police Department of the City
of Delray Beach shall be eligible to take such examination, provided the period of the leave of absence shall not be considered in calculating the "time in grade" requirement of these
rules.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 61 Candidates must obtain a minimum examination score of 70% in written examinations to be eligible for further
consideration. Written promotional examinations shall be augmented by oral interviews and staff evaluations. The oral interview shall be conducted by members of neighboring law enforcement
agencies and/or a city official or community leader within the City of Delray Beach or a neighboring City. The respective weights given to written examinations, oral interviews, and
staff evaluations to determine the candidate's total rating shall be: Written examination 50% Oral interview 25% Staff evaluation 25% An aggregate score of 70% must be attained to be
eligible for promotion.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 62 ARTICLE 26 PHYSICAL FITNESS Both parties acknowledge that during the contract period, the City may investigate
the implementation of a permanent physical fitness program for bargaining unit employees. Should the City so elect, the P.B.A. shall have the opportunity, upon notice in advance, to
bargain the content of and the standards for such physical fitness program. However, once so determined by the parties, all employees of the bargaining unit shall be required to participate
in the program unless determined medically unable to do so by the City's physician. Employees who refuse or fail to participate in this "transitional physical fitness program" (unless
determined medically unable to do so by the City physician), shall be subject to disciplinary action; however, during this transitional period, employees who fail to meet the standard
of the program shall not be subject to disciplinary action although the results of their participation shall be kept by the City for statistical purposes. The P.B.A. agrees that during
the contract period the City shall provide annual physicals including drug and alcohol screening for all employees of the bargaining unit, and that such annual physicals for employees
age 40 and over shall be more comprehensive for such employees at five (5) year intervals. Such annual physicals shall occur within the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 63 calendar quarter in which the employee's anniversary date occurs.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 64 ARTICLE 27 OUTSIDE EMPLOYMENT Section 1 No member of the bargaining unit may hold outside employment unless
the employee's written request for approval of such employment is recommended for approval by the Police Chief and reviewed by Human Resources. The granting of such approval is expressly
contingent upon the following: A. Assurance that the employee's City position is of primary importance; B. Consideration of the effect the outside employment may have upon the efficiency
of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment. D. Payment to the City for such services shall be a rate to be
set exclusively by the City Manager. Section 2 Application forms for outside endeavors shall be provided to the employee by the City annually and approval of such shall be renewable
January first of each year. Outside employment shall be deemed to include ownership or part ownership of a business (but not including ownership of less than a controlling interest of
stock of a publicly held corporation), as well as independent contracts by employees to provide labor, services, or materials.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 65 Section 3 No member of the bargaining unit may work at any previously approved outside employment, nor at any
future outside employment, while said member is on injury leave or restricted duty for a workers' compensation injury, unless additional express approval for such outside employment
is obtained by the member from the Police Chief and the City Manager, who shall take into consideration the recommendation(s) from the employee's physician and/or from the City's physician.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 66 ARTICLE 28 RESIGNATION Any employee who wishes to resign in good standing shall give the Police Chief written
notice of his/her intention at least two (2) weeks prior to the date said resignation is to become effective, or shorter notice, with the approval of the Police Chief. Notice of resignation
shall be immediately forwarded to Human Resources together with said employee’s termination forms. If any employee resigns without giving the required notice, the Police Chief shall
notify Human Resources; Human Resources shall enter this fact on the employee’s records; and failure to give such required notice of resignation may be considered sufficient reason for
rejecting any future application of said employee to reenter City Service. The Police Chief may enter good standing records for an employee who fails to give two (2) weeks notice if
he/she feels there were extenuating circumstances. Any employee who is absent from duty for three (3) consecutive shifts without securing approved leave from the employee’s superior,
may be considered to have resigned without notice. It shall be the duty of the Police Chief to report all unauthorized leaves immediately to Human Resource in the manner
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 67 prescribed. All such unauthorized leaves shall be posted on the employee’s records and may be considered in
the employee’s merit ratings.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 68 ARTICLE 29 NON-APPLICABILITY OF CIVIL SERVICE ACT, CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES
It is understood and agreed that the Civil Service Act and the Civil Service Code of Rules and Regulations of Delray Beach and any amendments thereto and the Personnel Policies shall
have no applicability whatsoever to the employees covered by this Agreement except as modified herein.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 69 ARTICLE 30 COMPREHENSIVE ALCOHOL AND DRUG ABUSE POLICY FOR CITY OF DELRAY BEACH POLICE DEPARTMENT EMPLOYEES
The City recognizes that Police Department employees are not immune from problems that confront society in general. The problems of drug and alcohol abuse are widespread throughout our
community and nation. In the face of these problems, it is critical that the City of Delray Beach Police Department maintain a working environment free of alcohol and drug abuse. The
primary objective of this policy is to provide a safe and healthful work environment for all employees, and thereby provide the highest level of service to the public. I. Definitions
A. Alcohol abuse means the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the employee's ability to perform his or her job duties. The use, or being
under the influence of alcohol or alcoholic beverages on the job by Police Department employees is strictly prohibited. B. Drug abuse means the ingestion of any controlled substance
as defined in Section 893.03, Florida Statutes, as amended from time to time, not pursuant to a lawful prescription. The term drug abuse also includes the commission of any act prohibited
by Chapter 893, Florida Statutes, as amended from time to time.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 70 C. Illegal drugs means any controlled substance as defined in Section 893.03, Florida Statutes, as amended
from time to time, not possessed or taken in accordance with a lawful prescription. II. Physical Fitness and Examinations A. Every applicant for Police Department employment (including
applicants for full-time, part-time and volunteer positions), and each re-employed employee may be required to present proof that he or she is physically fit to perform the duties of
the job which the applicant or re-employed employee seeks. Applicants for employment may be required to take a physical examination, including blood or urine tests for the presence of
illegal drugs. Applicants for employment whose blood or urine is found to contain the presence of illegal drugs shall not be considered fit to perform the duties of the job which the
applicant seeks. The physical examination shall be completed prior to the applicant's entry on the job. B. All Police Department employees, including managerial and supervisory employees,
are required to take an annual physical examination at such times as may be specified within the calendar quarter in which the employee's anniversary date occurs. C. Any such annual
physical examination taken by the Police Department employees shall include a blood/urine test for the presence of illegal drugs and alcohol.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 71 D. All employees subject to certification by the Florida Department of Law Enforcement shall meet all statutory
and regulatory physical and medical requirements for initial certification. E. The City Manager, or the Chief of Police, or an Assistant City Manager, or City Attorney, or Human Resources
Director, may also require an employee to take a physical examination, that shall include a blood/urine test for the presence of illegal drugs or alcohol, at any time the City Manager
or Police Chief, or Assistant City Manager, or City Attorney, or Human Resources Director reasonably believes that the employee is not physically or medically fit to perform his or her
duties. F. Furthermore, the City Manager, or the Chief of Police, or Assistant City Manager, or City Attorney, or Human Resources Director may require an employee to take a physical
examination and/or give a urine or blood specimen for testing whenever the City Manager, Chief, or other supervisory employee has a reasonable suspicion that the employee has been on
duty, or has reported for duty, under the influence of alcohol or illegal drugs. G. The use of illegal drugs on or off duty by employees of the Police Department is strictly prohibited.
The City Manager or the Chief of Police, or Assistant City Manager, or City Attorney, or Human Resources Director may require an employee to take a physical examination and/or give a
urine or blood specimen for testing whenever the City Manager, Chief of
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 72 Police, or other supervisory employee has a reasonable suspicion that the employee is using illegal drugs or
under the influence of alcohol. A reasonable suspicion is a suspicion which is based on fact derived from the surrounding circumstances from which it is reasonable to infer that further
investigation is warranted. H. Random testing for alcohol and/or controlled/illicit drugs shall be performed in conjunction with this Article. Random selections of employees will be
made by a third-party contracted firm using a U.S. Department of Transportation (DOT) approved random selection computer program. An employee selected for random testing shall be tested
on the day his/her name is selected if on duty. If off-duty, the employee shall be tested on his/her next regular day of work. The total number of random drug tests given per year will
not exceed fifty percent (50%) of the total number of bargaining unit members. No more than 10% of those selected for drug testing will be tested for alcohol. I. The City will pay the
cost of any physical examinations and tests required by this policy. The examination will be performed by medical personnel selected by the City. Employees who take a physical examination
or blood/urine test in accordance with this policy shall be required to sign an authorization releasing the records of such examinations and tests to the City. The City shall strictly
observe and maintain the confidentiality of such employee medical records to the extent permitted by law.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 73 J. Any employee who fails or refuses to take a physical examination or give a urine or blood sample in accordance
with this policy shall be subject to disciplinary action up to and including dismissal. III. Blood/Urine Tests for the Presence of Alcohol and Drugs A. In testing for the presence of
alcohol, the City shall utilize a generally accepted blood test procedure which produces quantitative results showing the amount of alcohol present in the blood. B. At the time the testing
occurs, two (2) specimens of urine and two (2) specimens of blood shall be taken, the first set of which shall be used by the first laboratory and the second set of which shall be used
by a second laboratory, if requested. In testing for the presence of illegal drugs and alcohol, the City shall submit the first set of the samples for testing, which, in the first instance,
shall utilize an immunochemical assay or radioimmunoassay test on the employee's blood/urine. If the initial test is positive for an illegal drug or alcohol, the same blood/urine specimen
shall be subjected to a further test using the gas chromatography, thin layer chromatography or gas chromatography/mass spectrometry method for verification. For non-probationary employees,
if both the initial and verification tests are positive for an illegal drug or alcohol, the employee shall receive notification of results from the City in the manner set forth herein.
In order to timely provide such notification, the employee shall be
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 74 required to contact by telephone or in person a City representative designated in advance by the City, not
later than one (1) hour after a date and time specifically given to the employee for his/her requirement to contact a designated City representative by telephone. At the time the employee
makes such contact, the employee must decide whether or not he/she wishes the second set of specimens provided at the initial collection to be further tested by the City. If the employee
so requests, then this second set of specimens shall be tested by the City utilizing medical personnel different from that used by the City for the initial test. If the employee fails
to contact the City representative within the time frame set forth above, or the employee does not request the testing of the second set of specimens, or if the employee does request
the testing of the second set of specimens and it also tests positive for an illegal drug or alcohol, corrective action shall be taken as specified below. IV. Corrective Action A. Applicants
for employment whose blood or urine is found to contain the presence of illegal drugs or under the influence of alcohol shall not be considered fit to perform the duties of the job which
the applicant seeks. B. Employees (probationary and non-probationary) whose blood or urine is found to contain the presence of illegal drugs, or who have been found to have used or been
under the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 75 influence of illegal drugs or alcohol while on duty, shall be terminated. C. Any non-probationary employee
who is found to have engaged in off-duty alcohol abuse which adversely affects the employee's ability to perform job duties may be placed on a leave of absence without pay for a period
of up to sixty (60) days. The leave of absence may be extended for good cause by the City Manager up to an additional fifteen (15) days. The employee may use any accumulated sick leave
or vacation during the leave of absence. The purpose of the leave of absence is to give the employee an opportunity to rehabilitate himself or herself from abusing alcohol. The City
may assist the employee in locating an appropriate program of rehabilitation. Upon the successful completion of the rehabilitation program as certified by a physician designated by the
City, the employee shall be eligible to return to City employment in the same or similar position to the one which the employee occupied before his or her leave of absence. Prior to
resuming employment with the City, the employee shall be required to take a physical examination which shall include a blood or urine test for the presence of alcohol and/or illegal
drugs. The returning employee shall be placed on probationary status for a period of one (1) year following his/her return to City employment. During the one year probationary period,
the City may require the employee to take unannounced blood or urine tests for the presence of alcohol and/or illegal drugs. If at any time during the probationary period or thereafter,
the employee's blood or
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 76 urine is found to contain the presence of alcohol or illegal drugs, utilizing the double testing procedures
set forth in Section III(B), above, the employee shall be subject to disciplinary action, up to and including dismissal.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 77 ARTICLE 31 DAMAGE TO CITY PROPERTY Section 1 Each police employee shall exercise due caution in the care and
handling of all tools and equipment which may come into his/her custody, or over which he/she may have a degree of control. Any police employee who loses, misuses, or damages through
his/her carelessness, negligence and/or intentional misconduct such tools or equipment provided by the City shall be subject to discipline. When in the judgment of the City a tool or
piece of equipment is no longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City for replacement. No defective tool or piece of equipment
shall be replaced by the City until the defective item is presented by the employee. All tools and equipment issued to a police employee by the City shall be returned to the City prior
to the employee leaving City employment in the same condition as same was issued (normal wear and tear excepted). Section 2 The City will be responsible for full replacement costs for
prescription glasses and contact lenses provided the employee presents a replacement receipt at the time of replacement. The City will be responsible for replacement of damaged watches
and non-prescription sunglasses up to fifty dollars ($50.00). The
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 78 City will not be responsible for the replacement of jewelry or other personal property carried at the employee's
discretion.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 79 ARTICLE 32 DISCIPLINE Section 1 The City Manager may at any time dismiss or otherwise discipline any employee
for just cause which he considers will promote the efficiency of the City's service. Further, the City Manager may, at any time, dismiss any probationary new employee with or without
cause. Section 2 The following may be considered grounds for dismissal, or other lesser discipline, including but not limited to demotion or suspension, based on the City Manager's determination
of the gravity of the offense; however, dismissal or discipline may be made for causes other than those enumerated: A. Has been found guilty in a court of competent jurisdiction of a
felony and/or of a misdemeanor involving moral turpitude or which is related to his/her City job function. B. Has willfully violated any of the provisions of the City or this Agreement,
or has attempted to or does commit an act or acts intended to nullify any of the provisions thereof. C. Has violated any lawful or reasonable order or regulation, or has failed to obey
any reasonable or lawful direction by a superior.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 80 D. Has reported for duty, or is actually on duty, while under the influence of intoxicating beverages or drugs.
E. Has been guilty of acts which amount to insubordination; or has been guilty of disgraceful conduct while on duty, or disgraceful conduct while off duty when it reflects unfavorably
on the City or interferes with the operations of the City. F. Has been wantonly offensive in his conduct or language toward the public or toward any City employee or official. G. Has
been incompetent, negligent, or inefficient to such an extent that his/her performance falls below the minimum prescribed standard. H. Is careless or negligent of the property of the
City of Delray Beach, or steals or misuses any equipment, materials, property, or other things of value belonging to the City. I. Has used, or threatened to use, his position for personal
gain or advantage, or has attempted to use political influence in securing promotion, leave of absence, transfer, classification change, pay increase, to influence pending disciplinary
matters or change in character of work. J. Has taken any fee, gift, or other valuable thing in the course of his work or in connection therewith for his personal use from any firm, corporation,
or
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 81 individual when such fee, gift, or other valuable consideration is accepted with the understanding that the
donor shall receive favors and service therefor not customarily accorded the general public. K. Has falsified time records, other official City records, or has failed to report absences
from duty to his superiors in accordance with prescribed procedure. L. Has been absent from duty without proper leave of absence, or otherwise contrary to prescribed procedures; or has
failed to report for duty after a leave of absence has expired. M. Has been excessively absent from work; has been repeatedly absent from work without notifying his immediate supervisor,
or has repeatedly reported late for work. N. Has abused sick leave or other authorized leave of absence by claiming false reasons for such leave. O. Is antagonistic in his attitude toward
his supervisor or fellow employees; continually criticizes orders or rules issued or adopted by his superiors; or conducts himself in such a way that it interferes with the proper coordination
of the work effort in his department to the detriment of efficient public service. P. Upon the expiration of earned sick leave, fails to report to the Police Chief his inability to return
to work, if such is the case.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 82 Q. Has been convicted of the unlawful possession, use, dispensing, or sale of any narcotic, barbiturate, mood
ameliorating, tranquilizing, or hallucinogenic drug, or conspiracy to do same, while either on or off duty. R. Has made a significant omission on his application for employment, or has
falsified it in any way. S. Has been found guilty by a court of competent jurisdiction of a felony criminal offense, or has been repeatedly found guilty of misdemeanor criminal offenses.
T. Has been found to have used anabolic steroids, with or without prescription, solely for the purposes of enhanced muscle training or body building functions. Disciplinary action shall
be taken only as provided pursuant to Article 30. The City Manager shall furnish the non-probationary employee or the promoted probationary employee whom he dismisses from the City service
with a written statement outlining in detail reasons for the removal, and the date and time such removal becomes effective. A copy of the statement shall be furnished to the Police Chief.
Section 3 If criminal charges have been formally instituted against an employee, the City Manager may place the employee on leave of absence with or without pay.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 83 During such leave of absence, the City may investigate and take appropriate disciplinary action against the
employee. However, if the employee is subsequently found not guilty by a trial court of all of the criminal charges which had been instituted against the employee, and if no notice of
potential disciplinary action has been given, the employee shall be reinstated and awarded back pay for the period of said leave of absence.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 84 ARTICLE 33 ABSENCE WITHOUT LEAVE Section 1 An absence of an employee from duty, including any absence for a
single day and failure of an employee to report at the expiration of a leave of absence or vacation, that is not authorized by a specific grant of leave of absence under the provisions
of this Agreement, shall be deemed to be an absence without leave. Any such absence shall be without pay and may be subject to disciplinary action, including suspension, demotion or
dismissal in repetitive or extreme cases. Section 2 Any employee who is absent from duty for three (3) consecutive shifts without notifying the shift supervisor or commander of the reasons
for such absence and the time he/she expects to return, and without securing leave, may be considered to have resigned without notice.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 85 ARTICLE 34 POLICE BILL OF RIGHTS Section 1 The City of Delray Beach agrees that in the investigation of all
bargaining unit members all rights articulated in Florida Statutes, Section 112.532 and Section 112.533 (as amended from time to time) shall be provided. The P.B.A. may post a copy of
Sections 112.532 and 112.533, Florida Statutes on the bulletin boards referenced in Article 6. Section 2 Interrogations shall be conducted, preferably at a time when the bargaining unit
member is on duty, unless the seriousness of the investigation is of such a degree that an immediate action is required. Nothing herein shall prohibit the adjustment of the schedule
of the bargaining unit member under investigation so that the interrogation can take place during business hours.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 86 ARTICLE 35 NO STRIKE Section 1 A "strike" shall be defined as the concerted failure to report for duty, a concerted
absence of members of the bargaining unit from their positions, a concerted stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by members
of the bargaining unit from the full and faithful performance of their duties of employment with the City of Delray Beach, participating in a deliberate or concerted course of conduct
which adversely affects the services of the City of Delray Beach, or the concerted failure to report for work after the expiration of a collective bargaining agreement. Section 2 No
member of the bargaining unit may participate in a strike. Any violation of this provision shall subject the member of the bargaining unit or the P.B.A. or both to the penalties under
Chapter 447 of the Florida Statutes and Chapter 30 of the City of Delray Beach Code of Ordinances. Section 3 In the event of a breach of the provisions of this article, the City of Delray
Beach shall be entitled to recover from the P.B.A. and any employee in the bargaining unit participating in the strike, jointly and severally, full compensatory damages,
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 87 punitive damages, costs, and attorney's fees incurred in any and all proceedings involving said strike. Section
4 The City of Delray Beach shall have the right to unilaterally terminate the employment of any employee engaging in a strike. The only issue which shall be grievable with reference
to the termination is whether or not the employee was in fact engaged in a strike. Section 5 In the event of a strike, the City shall transmit written notification to the chief agent
or his designee of the P.B.A., and the P.B.A. will notify the employees of the bargaining unit and inform them that a strike is illegal under Florida law, of the sanctions which may
be imposed against the P.B.A. and participating employees for a strike, and further instruct striking employees to immediately return to work. The P.B.A. agrees that the notification
will be in writing and will be made in a good faith effort to get the employees to return to work. Such conduct shall exonerate the P.B.A. from all penalties, financial or otherwise,
which may be imposed under this Agreement, but this notwithstanding, the City does not waive any rights it may have to declare this Agreement to be null and void upon the occurrence
of a strike.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 88 ARTICLE 36 PERSONNEL DOCUMENTS All bargaining unit employees shall be permitted to obtain a copy of all documents
that are placed in any of their personnel files, and further shall be provided copies of all disciplinary action documents placed in their department personnel file. The employee may,
within thirty (30) days from the date of the document being placed in the employee's personnel file, file a written response to such document. The employee is fully aware that such written
response places no further obligations on the City and confers no additional rights on the employee. Any written response by an employee shall be clearly designated as the employee's
response and shall bear an acknowledgment by the employee that such a response is solely the employee's view of the incident and confers no further obligation on the part of the City
and confers no further rights on the part of the employee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 89 ARTICLE 37 UNIFORM ALLOWANCE Those bargaining unit members assigned to positions within the Department which
require the use of civilian attire will be granted a clothing allowance. Said allowance will be issued on a semi-annual basis at the rate of $400.00 per unit member. Those bargaining
unit members assigned to motorcycle duties will be supplied with boots as needed and three (3) pair of pants on an annual basis.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 90 ARTICLE 38 DISABILITY INSURANCE Bargaining unit employees shall be eligible to receive the long-term disability
benefits pursuant to the City’s current plans and policies applicable to all other City employees.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 91 ARTICLE 39 SICK AND VACATION PAY-OUT ACCRUALS The City shall make changes to the sick and vacation pay accruals
policy by providing the following two (2) options: A. Provide a lump sum pay-out at termination (retirement) of accrued balance not to exceed 1408 hours (1120 sick leave, 288 vacation)
as currently exists. B. Enable employees who properly notify the City with the intent to retire, at least two years prior to Retirement date, the ability to have above noted accruals
paid in payments of not more than one-third per year of total amount authorized at date of designation of retirement. The employee will have the following option of payment: 1. The one-third
payments, not to exceed one-third of accrued balance or 1408 hours (1120 sick leave, 288 vacation), whichever is greater, be made in cash each year. a. The first payment will be made
2 years from the date of termination. b. The second payment will be made 1 year from the date of termination. c. The third payment will be made at termination. 2. The one-third payment
may be deposited tax free into the employee deferred compensation (457) account if the annual limit on the employee’s 457 contributions has not been reached.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 92 ARTICLE 40 TAKE HOME VEHICLE PLAN The City has agreed to a take home vehicle plan which shall include the following
parameters: A. An officer must have successfully completed his/her probationary status with the Delray Beach Police Department. B. Officers must reside within Palm Beach or Broward Counties
in order to be eligible for a take home vehicle. Officers residing beyond a 15-mile radius of the city limits of Delray Beach will reimburse the City $15 a pay period for auto related
expenses. C. The Police Department shall establish internal policies and procedures for the assignment and use of take home vehicles.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 93 ARTICLE 41 GRIEVANCE PROCEDURES Section 1 The grievance procedures as described in Sections 2, 3 and 4, below,
shall be used for the settlement of disputes between the City and an aggrieved employee or group of employees involving the interpretation or application of this Agreement. Section 2
Grievances shall be processed in accordance with the procedures outlined in this section. Any grievance not answered by management in the time limits provided for in this section shall
be determined to be denied and may be advanced to the next higher step of the grievance procedure. Grievances of disciplinary actions shall be processed in accordance with the procedures
outlined in Section 4. Step 1 The aggrieved employee, or an PBA representative on his or her behalf, shall submit a grievance in writing and it shall be discussed with the aggrieved
employee's immediate supervisor and division/district commander within ten (10) working days of the occurrence (or discovery thereof) which gave rise to the grievance. For the purpose
of this article, working days shall mean Monday through Friday, excluding City holidays and weekends. A PBA grievance
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 94 representative may be present to represent the employee, if the employee desires him or her present. The immediate
supervisor and division/district commander shall attempt to adjust the matter and/or respond to the employee within five (5) calendar days. Step 2 If the grievance has not been satisfactorily
resolved in Step 1, the aggrieved employee and the PBA representative, if the employee wishes his or her assistance, shall present the written grievance to the Police Chief within five
(5) calendar days from the time the supervisor's response was due in Step 1. The Police Chief, or his or her designee shall meet with the employee and the PBA representative, if the
employee wishes him or her present, within three (3) working days. The Chief, or his or her designee, shall respond in writing within five (5) calendar days from the day of the meeting.
Where a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of this grievance procedure,
within the time limits for the submission of a grievance in Step 1, and shall be signed by the aggrieved employees, and/or an PBA representative on the employees' behalf. Grievances
of a general nature shall be processed within the time limits hereinabove provided unless extended by mutual agreement in writing.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 95 Step 3 If the grievance has not been satisfactorily resolved in Step 2, and an appeal to the City Manager is
permitted pursuant to Section 4, the employee or the PBA if the employee elects PBA assistance, may present a written appeal to the City Manager within seven (7) calendar days from the
time the response was due from the Police Chief in Step 2. The City Manager, or his or her designee, and any staff requested by the City Manager or his or her designee, shall meet with
the employee (and the PBA representative, if the employee wishes him or her present), within five (5) working days. The City Manager or his designee shall respond in writing within seven
(7) calendar days from the date of the meeting. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. Nothing contained
in this article shall prevent any employee covered by this Agreement from processing his/her own grievance unassisted through the grievance procedure up to and including Step 3. Step
4 If a grievance, as defined in this article, has not been satisfactorily resolved within the grievance procedure, the PBA and only the PBA may request arbitration for PBA members. Members
of the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 96 bargaining unit who are not members of the PBA may also request arbitration. The request for arbitration shall
be in writing to the office of the City Manager no later than fifteen (15) calendar days after the City Manager's response is due in Step 3 of the grievance procedure. Section 3 A. The
arbitration shall be conducted under the procedural rules of the Federal Mediation and Conciliation Service unless in conflict with any provisions set forth in this Agreement or unless
otherwise agreed to or provided for by the parties in writing. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in
this article and to enforce compliance with the terms and conditions of the Agreement. B. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise
alter or supplement this Agreement or any part thereof or any amendment thereto. C. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this
Agreement not to be subject to arbitration, which is not a grievance as defined in this article, or which is not specifically covered by this Agreement.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 97 D. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively
to the question which is presented, which question must be actual and existing. E. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this
Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. F. It is contemplated that the City
and the employee shall mutually agree in writing as to the statement of the matter to be arbitrated prior to the hearing, and if this is done, the arbitrator shall confine his decision
to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the PBA (or the employee, if not represented
by the PBA) and the City shall submit a written statement of the grievance and the arbitrator shall confine his consideration to the written statement or statements submitted. This clause,
however, shall not be construed to permit either party to present issues through their written statements that would not otherwise be subject to the grievance and arbitration provisions
of this Contract. G. Each party shall bear the expense of its own witnesses and its own representatives. The parties shall bear equally the expense of the impartial arbitrator. Any
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 98 party requesting a copy of the transcript of such arbitration hearing shall bear the cost of same. Section
4 A. Discipline involving oral or written reprimands or suspensions without pay of three or less days may be processed through Step 2 of the grievance procedure. The decision of the
Police Chief or his designee is final and binding on the parties. B. Discipline involving suspensions without pay of four or five days may be processed through Step 3 of the grievance
procedure. The decision of the City Manager or his designee is final and binding on the parties. C. Discipline involving suspensions without pay of six to nine days may be processed
through Step 3 of the grievance procedure. The decision of the City Manager or his designee may be appealed by the employee or the PBA, if the employee elects PBA assistance. The appeal
shall be in writing and shall be filed with the City Manager within seven (7) days of receipt by the employee of notice of the City Manager's decision as a result of Step 3 of the grievance
procedure. The appeal shall be reviewed by a five member review panel composed of two members selected by the PBA, two members selected by the City, and one member selected and agreed
upon by the PBA and the City. The review panel shall hold an evidentiary hearing during which
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 99 the City and the employee may present witnesses and other relevant evidence. The employee may be represented
by a non-lawyer PBA representative who is an employee of the City, if the employee desires to be represented. The non-lawyer PBA representative will be permitted a reasonable period
of on-duty time to prepare for the evidentiary hearing. The City shall be represented by an Internal Affairs designee. After hearing the evidence, the review panel shall determine by
a majority vote whether the employee is guilty of the misconduct as charged. The review panel shall have no authority to change the penalty previously imposed. In this regard, the authority
of the review panel shall be governed by the provisions of paragraph E5 in the same manner that they are applicable to an arbitrator. The decision of the review panel shall be final
and binding upon the parties. D. Discipline involving discharge, suspension without pay of ten or more days, or disciplinary demotion, may be processed through Step 3 of the grievance
procedure. The decision of the City Manager or his designee shall be subject to arbitration. The arbitration shall be handled in accordance with the procedures outlined in Section 4E.
Step 4 of the grievance procedure shall be followed except that the arbitrator shall be selected as set forth in Section E2.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 100 E. Arbitration of disciplinary matters shall be handled as follows: 1. The provisions of Section 3 shall apply
except as modified by Section 4E2-5. 2. Immediately following ratification of this agreement and thereafter at the beginning of each fiscal year, the City and the PBA shall mutually
select a pool of five potential arbitrators to hear disciplinary cases. The arbitrator for any given case shall be selected by each party alternately striking the names of arbitrators
included in the pre-selected pool until one arbitrator remains, who shall hear the case. The employee shall make the initial strike. 3. The arbitration procedure shall be expedited such
that a hearing is held within thirty days of the appeal and an award is issued within thirty days following the conclusion of the hearing. If the award is not issued within the thirty
day time period, the arbitrator's fee shall be reduced proportionately to the number of days by which the arbitrator's decision is untimely. 4. There shall be no post-hearing briefs
unless both parties agree prior to the hearing that posthearing briefs may be submitted. 5. The arbitrator shall not substitute his judgment for that of the City as to the wisdom or
the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 101 degree of severity of the disciplinary action imposed, except as set forth in the last paragraph of this article.
The arbitrator's inquiry shall be limited to the following: (a) whether the City possessed evidence of the misconduct before imposing the discipline ultimately imposed; (b) whether the
employee is guilty of the misconduct as charged; (c) whether the discipline imposed is consistent with that imposed upon other employees who have committed the same or a similar offense
under the same or similar circumstances, and who have similar disciplinary and employment records. If the discipline imposed is more severe than that previously imposed upon employees
who have committed the same or a similar offense under the same or similar circumstances, and who have similar disciplinary and employment records, whether the City notified employees
of the change in disciplinary policy prior to the occurrence of the act being disciplined; (d) whether the City has demonstrated upon the record that it has considered the severity of
the punishment with regard to the nature and severity of the offense, the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 102 circumstances under which the offense was committed, the employee's past disciplinary and employment record,
the length of the employee's tenure with the City, and whether the employee was under probation at the time the offense was committed; (e) whether the City has demonstrated upon the
record that the degree of punishment which it has imposed was not selected at random or without reason (arbitrary), and that the degree of punishment did not arise from caprice (arbitrary);
(f) whether the City has demonstrated on the record that the degree of punishment which it has imposed is consistent in that it is not apt to change suddenly or unpredictably (capricious),
and is not inconsistent (capricious); (g) whether the City has demonstrated on the record that the degree of punishment which it has imposed is within that range of punishment for the
offense under the given circumstances upon which reasonable men can agree, notwithstanding that reasonable men might disagree upon the specific punishment imposed under the given circumstances.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 103 If the arbitrator finds that the City has complied with (a) through (g), the discipline determined by the
City shall be upheld. However, if the arbitrator finds that the City has not complied with (a) through (g), the arbitrator may determine the appropriate level of penalty.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 104 ARTICLE 42 WORKERS’ COMPENSATION The City agrees for Employees who sustain workers’ compensation qualified
injuries that the City will pay to such Employees amounts necessary to bring such employees to current full salary for ninety (90) calendar days and thereafter shall pay salary/benefits
to such employees in accordance with the requirements of the Florida Statutes. The ninety (90) calendar day status shall only commence, as needed, and at such time, as when an employee
initiates a need for this supplemental payment due to continuing absence from duty as caused by such injury. Once the ninety (90) day period commences it shall be available only from
that day forward for ninety (90) consecutive calendar days.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 105 ARTICLE 43 RETIREE INSURANCE Section 1 The Delray Beach Police Officer’s Retiree Insurance Fund (“Retiree
Insurance Fund”) provides full or partial payments for health insurance premiums and other benefits on behalf of former bargaining unit employees of the City who separated from employment
on or after October 1, 2004. All eligibility requirements and benefits provided will be determined solely by the Board of Trustees of the Retiree Insurance Fund. Section 2 For fiscal
years 2011-2012, and 2012-2013, the City shall contribute to the Retiree Insurance Fund, on or before December 31 of each of those fiscal years, an amount equal to the benefits to be
paid by the Retiree Insurance Fund to those former employees of the City eligible to receive a benefit from the Retiree Insurance Fund for the 2012 and 2013 calendar years. During those
specified fiscal years, the requirements for eligibility to receive a benefit from the Retiree Insurance Fund and the amount of benefit to be paid by the Retiree Insurance Fund shall
not be modified by the Board of Trustees of the Retiree Insurance Fund. During those specified fiscal years, the Retiree Insurance Fund shall provide to the City, on or before December
1 of each specified fiscal year, a list of former employees eligible to receive a benefit from the Retiree
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 106 Insurance Fund along with the amount of benefit to be paid to each former employee. The City’s contribution
shall equal the total of all benefits to be paid to retired police officers and sergeants during each of the 2012, and 2013 calendar years.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 107 ARTICLE 44 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties acknowledge and agree that during
the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within
the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.
Therefore, the City and the P.B.A., for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining with respect to any subject
matter referred to or matter covered in this Agreement or considered by the parties during collective bargaining negotiations resulting in this Agreement, subject to impact bargaining,
if any be lawfully required, and each agree that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered
by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties
at the time that they negotiated or signed this Agreement.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 108 This Agreement contains the entire contract, understanding, undertaking, and agreement of collective bargaining
for and during its term.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 109 ARTICLE 45 SEVERABILITY AND WAIVER Section 1 Should any section or provision of this Agreement or any portion
thereof, any paragraph, sentence, or word be declared by a court or agency of competent jurisdiction to be unlawful and unenforceable, such decision of the court or agency shall apply
only to the specific section or provision or portion thereof, directly specified in the decision and shall not affect the validity of the remainder hereof as a whole or part thereof,
other than the part declared to be unlawful and unenforceable. Upon the issuance of such decision, the parties agree to immediately negotiate a substitute, if possible, for the invalidated
section or portion thereof. Section 2 The exercise or non-exercise of the rights covered by this Agreement by the City or the P.B.A., except as to the notice provisions of Article 46,
concerning Duration, Modification, and Termination, shall not be deemed to waive any such right or the right to exercise them in the future.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 111 ARTICLE 47 AMENDMENTS This Agreement may be amended at any time on mutual consent of both parties, but no
such attempted amendment shall be of any force or effect until placed in writing and executed by both parties hereto.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 112 ARTICLE 48 EXECUTION OF AGREEMENT Agreed to this ______ day of October, 2011, by and between the respective
Parties through their authorized representatives. ATTEST: CITY OF DELRAY BEACH, FLORIDA ___________________________ By:______________________________ City Clerk – Chevelle Nubin City
Manager – David T. Harden Approved as to form and legal sufficiency: ___________________________ City Attorney – Brian Shutt Dated this ________ day of October, 2011. ATTEST: POLICE
BENEVOLENT ASSOCIATION _________________________ By:___________________________ Bruce Koeser John Kazanjian, President Human Resources Director _______________________________ Gary Lippman,
General Counsel
MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager
DATE: September 28, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 WAIVER REQUEST/DECK 84 ITEM BEFORE COMMISSION The action requested of the City Commission
is approval of a waiver to LDR Section 4.4.13(F)(4)(a)2., to reduce the required front setback from five feet (5’) to eight inches (8”), to allow for the installation of a support column
and knee wall associated with new sliding glass doors in the same location as the existing windows. BACKGROUND At its meeting of September 21, 2011, the Historic Preservation Board (HPB)
approved with conditions a Certificate of Appropriateness (COA) and Class I Site Plan Modification for elevation changes on the front and rear facades of Deck 84. The HPB considered
this waiver request concurrently with the COA and Site Plan requests and recommended approval on a vote of 7-0. The alterations on the front façade involves the replacement of the existing
fixed windows with sliding glass doors and the installation of a framing support column which will encroach into the five foot (5’) front setback. WAIVER ANALYSIS Pursuant to LDR Section
2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly
diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted
under similar circumstances on other property for another applicant or owner. Request: Pursuant to LDR Section 4.4.13, (F)(4)(a)2, Central Business District, Development Standards, Building
Frontage, the minimum front setback for buildings with nonresidential uses on the ground floor is five feet. The proposed support column for the sliding doors is within the required
five foot (5’) setback area, as it is located approximately eight inches (8”) from the front property line. This
encroachment is the same as the encroachment of the existing fixed windows. In consideration of the above, (a) the granting of the waiver request will not adversely affect the surrounding
commercial area, which may benefit from the additional interaction along the streetscape; (b) the granting of the waiver request will not diminish or impact public facilities as the
improvement will not encroach on the public right of way and may enhance the public sidewalk area as the doors will be able to open up and create an indoor/outdoor atmosphere among the
sidewalk pedestrians and the restaurant patrons, as occurs further west along Atlantic Avenue; (c) an unsafe situation will not be created by the proposed improvements as they are associated
with sliding doors, which will not encroach into the right of way; and, (d) the granting of the waiver request will not result in a special privilege in that the encroachment is minimal,
already exists, does not span the entire building and is contained within the existing awning. Further, a portion of the building already exists within the required setback area and
this will infill this encroachment. Based on the above, positive findings can be made with respect to the waiver request and reduction of the front setback from five feet (5’) to eight
inches (8”). RECOMMENDATION Approve the waiver to LDR Section 4.4.13, (F)(4)(a)2, to reduce the front setback from five feet (5’) to eight inches (8”) to allow a support column on a
knee wall, based upon positive findings with respect to the LDR Section 2.4.7(B)(5).
1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR DECK 84 840 EAST ATLANTIC AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver request has come before the City Commission on October 4, 2011. The waiver request is to reduce the required front setback from five feet (5’) to eight inches (8”) to allow
for the installation of a support column and knee wall associated with new sliding glass doors. 2. The Applicant and City staff presented documentary evidence and testimony to the City
Commission pertaining to the waiver request for Deck 84. All of the evidence is a part of the record in this case. I. Waiver. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a
waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision
of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances
on other property for another applicant or owner. Front Setback. Per LDR Section 4.4.13(F)(4)(a)2, the minimum front setback for buildings with nonresidential uses on the ground floor
is five feet. The proposed support column for the sliding doors is proposed within the required five foot (5’) setback area, as it is located approximately eight inches (8”) from the
front property line. The encroachment will align with a similar encroachment of the existing fixed windows. Should a waiver to Section 4.4.13(F)(4)(a)2 be granted? Yes__________ No________
2 3 The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample
and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony
of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves ____ denies ____ the
waiver requests and hereby adopts this Order this 4th day of October, 2011, by a vote of _____ in favor and ______ opposed. ________________________________ ATTEST: Nelson S. McDuffie,
Mayor ________________________________ Chevelle Nubin, City Clerk
MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September
30, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 CONSIDERATION OF AN APPEAL OF THE HPB'S DECISION/85 S.E. 6TH AVENUE/CLASS III SITE PLAN MODIFICATION
ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the Historic Preservation Board’s (HPB) decision made on August 21, 2011. The HPB’s
motion to approve the Class III Site Plan Modification at 85 SE 6th Avenue failed on a 0-5 vote, based upon findings that the request was inconsistent with the Comprehensive Plan and
did not meet the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior’s Standards for Rehabilitation.
BACKGROUND At its meeting of August 16, 1995, the HPB approved a COA for two (2) of the three (3) on-site buildings including the conversion of the Blank House from single-family residence
to retail use (Building A), the conversion of a garage to office use and addition of a second story residential apartment (Building B), and the construction of a nine-space, pea-rock
parking area off of SE 1st Street. The third building (Building C) was, and remains, a multi-family residence. The single family residence (Building A) was subsequently converted to
retail use and the garage was converted to office use. Building permits were not obtained for the conversion of the garage nor was the parking area required for this conversion ever
installed. As a result, the office use was never legally established. In October of 1995, the retail use (Building A) was legally converted to restaurant use and the second floor to
a storage area. Between 1995 and 2004 as the illegal status of the office use continued to surface, Site Plan Applications were submitted and approved for the conversion of use with
associated parking improvements. Each application was allowed to expire and none of the required improvements were ever constructed. The latest approval of August 3, 2004 permitted the
applicant to pay for two (2) parking spaces and included installation of the balance of required spaces on site (a total of four new spaces just south of the City’s public parking lot
and retention of three existing spaces off the alley on the east side of the property). As with previous approvals, no improvements were constructed, no
payments of in-lieu of parking fees were made, and the approvals expired. At its August 21, 2011 meeting, the HPB reviewed yet another attempt after 16 years to address the office conversion.
This request was to waive all required parking (6 spaces) associated with the Class III Site Plan Modification for the office space. This request was not supported and the appeal of
both the denial of the waiver (separate Commission item) and this Class III Site Plan Modification are now before the City Commission. If the Class III Site Plan Modification is approved
by City Commission, the approval should include the following conditions: 1. That a traffic statement be provided; 2. That a current floor plan be submitted; 3. That compliance with
handicap accessibility within the office space be indicated; and, 4. That a decorative bicycle rack be provided on-site. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered
the subject request at its March 10, 2011 meeting, where they recommended denial of the waiver to the required parking. The Board also requested that the item return for further review
when “a solution is worked out.” The Downtown Development Authority (DDA) considered the subject request at its March 14, 2011 meeting, where the Board unanimously recommended to “decline”
the request to waive all six (6) of the required spaces. Direction was given to the applicant to work out an alternative approach with Staff, and return to the DDA for further review.
The Parking Management Advisory Board (PMAB) considered the subject request at its June 28, 2011 meeting, where a recommendation to deny the request as presented. The Board suggested
that the applicant work with Staff and accommodate three (3) spaces on site and provide the balance either through an off-site parking agreement, or via the in-lieu of parking fee. RECOMMENDATION
Deny the appeal, thereby upholding the Historic Preservation Board’s action of denial.
IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the denial of the Historic Preservation
Board’s August 21, 2011 decision denying the Certificate of Appropriateness, Class III Site Plan Modification, and wavier of required parking spaces at 85 SE 6th Avenue has come before
the City Commission on October 4, 2011. 2. The Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the Historic Preservation Board’s
August 21, 2011 decision denying the Certificate of Appropriateness, Class III Site Plan Modification, and wavier of required parking spaces at 85 SE 6th Avenue. All of the evidence
is part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS A. Certificate of Appropriateness 1. Findings: Pursuant to Section
2.4.6(H)(5), prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective
A-4 of the Land Use Element of the Comprehensive Plan (attached as Exhibit “A”) and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines
(attached as Exhibit “B”) and the Secretary of the Interior’s Standards for Rehabilitation (attached as Exhibit “C”). Is the Certificate of Appropriateness consistent with Historic Preservation
as detailed in the Comprehensive Plan, the Land Development Regulations, and the Secretary of the Interior’s Standards for rehabilitation? Yes ______ No ______ B. Class III Site Plan
Modification 1. Pursuant to LDR Section 2.4.5(G)(1)(c), a Class III site plan modification is a modification to a site plan which represents either a change in intensity of use, or which
affects the spatial relationship among improvements on the land,
2 requires partial review of Performance Standards found in Sections 3.1.1 and 3.2.3, and the required findings of Section 2.4.5(G)(5). 2. Pursuant to LDR Section 2.4.5(G)(5), modifications
to Site Plans and Development Plans, the approving body must make a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent
with approval of a class III modification. Pursuant to LDR Section 4.4.13, CBD Zoning Regulations (B)(2), Principal Uses and Structures Permitted, Business, Professional and Medical
Uses including but not limited to interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical and
professional offices. Are these requirements met by the conversion of a garage to office use? Yes _______ No _______ 3. The City Commission has applied the LDR requirements in existence
at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts
the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire
record before it, the City Commission approves ___ denies ____ the appeal and hereby adopts this Order this 4th day of October, 2011, by a vote of _____ in favor and ____ opposed. ATTEST:
________________________________ Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin City Clerk
EXHIBIT “A” Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to
the City’s Historic Preservation Ordinance and the following policies: Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property
located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of
Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the “Delray Beach Design Guidelines”. Policy A-4.2 In order to protect the City’s historic
resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall
conduct periodic neighborhood surveys to identify and evaluate potential historic resources.
4.5 -4 "B" ARTICLE 4.5 ARTICLE 4.5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS The Districts described in this Article do not establish uses or categorize uses. These Districts, however,
do regulate allowable uses in a manner to mitigate adverse impacts of such uses upon the natural or man-made environment; or regulate development so as to mitigate potential dangers
to the use of such developed land, or to otherwise implement policies and objectives of the Comprehensive Plan. Overlay and environmental management districts need not be shown on the
Official Zoning Map. Section 4.5.1 Historic Preservation Sites and Districts: (A) General: In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed
March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites,
buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant
examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of
the physical surroundings in which past generations lived; and other purposes. (B) Criteria for Designation of Historic Sites or Districts: (1) To qualify as a historic site, historic
district, historic structure, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant
character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district,
or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must
fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3)(b) and (3)(d). [Arnd• Ord. 38-07 215108] (2) A building, structure, site,
interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life
or activities of a major person important in city, state, or national history (for example, the homestead of a local founding family); (b) Is the site of a historic event with significant
effect upon the city,
4.5 -5 state, or nation; (c) Is associated in a significant way with a major historic event, whether cultural, economic, social, military, or political;
4.5 -6 SECTION 4.5.1 (B) (2) (d) (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; or, (e) is associated in a significant way
with a past or continuing institution which has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic
significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3)(b)
and (3)(d): (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural
style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design,
detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. (4) A building,
structure, site, interior, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure,
site, or zone meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the United
States Department of the interior under the Historic Preservation Act of 1966, as amended. A copy of these standards for the National Register is made part of this section as if fully
set forth herein. (C) Designation Procedures: (1) Buildings, structures, archaeological sites, or districts which meet the criteria for historic sites or districts set forth in Section
4.5.1(8) may be designated as historic sites or districts, and may be listed on the Local Register of Historic Places. (2) Nominations for historical site or district designation shall
be made to the Historic Preservation Board on an application form developed and approved by the Board. (a) Nominations for historic site status may be initiated by: (1) The Historic
Preservation Board; (2) The City Commission; or
4.5 -7 SECTION 4.5.1 (C) (2) (a) (3) (3) The property owner. (b) Nominations for historic district status may be initiated by: (1) The Historic Preservation Board; or (2) The City Commission.
(3) The Board shall conduct a preliminary evaluation of the information provided on each nomination application to determine if it generally conforms with historic status criteria. The
Board shall then prepare a designation report which shall contain the following: [Amd. Ord. 30-91 3/26/91] (a) Proposed legal boundaries of the historic building, archaeological site,
structure, or district; [Amd. Ord. 30-91 3/26/91] (b) any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not
limited to use, floor area, density, height, setbacks, parking, and minimum lot size; [Mid. Ord. 30-91 3/26/91] (c) Analysis of the historic significance and character of the nominated
property; and [Amd. Ord. 30-91 3/26/91] (d) analysis of optional historic interiors for those buildings and structures with interior features of exceptional architectural, aesthetic,
artistic, or historic significance. [Amd. Ord. 30-91 3/26/91] (4) Upon completion and formal review of the report, the Board shall set a public hearing on each proposed designation.
Notice of said hearing shall be made to the owner of affected property at least ten days prior to the hearing by regular mail. Additional notice shall be given in the same manner as
provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten days prior to the hearing, provided, however, posting pursuant to 2.4.2(B)(1)(b)
is not required. [Amd. Ord. 78-04 1118/05]; [Amd. Ord. 30-91 3/26/91] DELETED (5) AND RENUMBERED [Amd. Ord. 24-05 4/19/05] (5) After conducting the public hearing, if the Historic Preservation
Board finds that the nomination fulfills the proper designation criteria and all procedures have been followed correctly, it shall vote on the designation. A majority of the entire Board,
present and voting, must act in the affirmative to transmit the nomination and the Board's findings to the City Commission. The City Commission shall consider the recommendation through
its standard ordinance adoption procedures, except that at least three affirmative votes of the City Commission is necessary to make a designation. In the event that a directly affected
property owner objects to the historic designation, the Commission approval shall require a super majority vote of four votes. [Amd. Ord. 24-05 4/19/05]; [Amd. Ord. 30-91 3/26/91]
SECTION 4.5.1 (C) (6) 4.5 -8 (6) After conducting the public hearing, if the Historic Preservation Board does not find that the request fills the criteria, no further action will be
required and the request will be deemed denied. However, an appeal may be filed and processed pursuant to Section 2.4.7(E). (Arad. Ord. 24-05 4/19/05]; [Amd. Ord. 30-91 3126191] (7)
The Board will issue an official "certificate of historic significance" to the owner of properties listed individually on the local historic register or judged as contributing to the
character of a historic district listed on the local historic register. The Director acting as City Preservation Officer, or his appointee, is authorized to issue and place official
signs denoting the geographic boundaries of each historic district listed in the local historic register. [Amd. Ord. 24-05 4/19105]; [Amd. Ord. 30-91 3/26/91] (D) Review and Approval
Procedures: Once property is placed within a Historic District or designated as a Historic Site no development order shall be issued without first obtaining a Certificate of Appropriateness
(C.O.A.) pursuant to Section 2.4.6(J) from the Historic Preservation Board. Obtaining a C.O.A. is required in addition to any other process which is required for the development application.
(E) Development Standards: AU development regardless of use within individually designated historic properties and/or properties located within historic districts, whether contributing
or noncontributing, residential or nonresidential, shall comply .with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation
Design Guidelines, and the. Secretary of the Interior's Standards for Rehabilitation. [Amd. Ord. 38-07 215/08] (1) Exterior Architectural Features. For the purpose of this Section, exterior
architectural features shall include, but not be limited to the following: [Amd. Ord. 38-07 2/5/08] (a) The architectural style, scale, general design, and general arrangement of the
structure's exterior; (b) The type and texture of building material; and (c) The type and style of all roofs, windows, doors, and signs. (2) Major and Minor development: For purposes
of this section, major and minor development standards shall be applied as noted in the following table: [Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (2) 4,9 -5 ci$ .,77."-t3:',43:1-.-,,, -.6:1, , Ps. _ tg tiNtiij§ . : -n Aaiun , .,? . •. 4..,. Mr7VrW r•.=:.7: raDig0i. ----• ,n-, ----•:a -,--., , ,,, • . 150119.,
1C9girtif OAVNY-• ' .N11.--.•`_•! ,..13:‘Ls rid64ifitai?) f: .;Gf.ziiirKrff ..,..... -.-t w .ti . . . . -,----.-,,I,;•,..s t,K.: . .11 -61345),47t. Aw err,. , *10: oft-04.-ver 2 CBD
& CF Multi-Famil Minor Minor Mi.-Jr.:7 Minor 11:715-,T Non-Residential M i n ( : -Minor i: Minor Minry R-I -A, R-I -AA, RD, OSSHAD, RL, & RM, Single Family/Duplex :t' a' Minor -1 7)
Minor --ti4 ----Multi-Family ',.,.. .f. '6. Minor 4:Jor Minor e.-iZ4iirr:fili:ribr-Non-Residentiat Minor i•tAi63101. Minor ,-,tkW'' -Notes: 1. All development on individually designated
properties in all zoning districts is Minor 2. All development on properties in the OSSHAD district which are subject to CBD regulations pursuant to Section 4.4.24(B) (12) is Minor.
(a) For the purposes of this section, "residential" includes single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential
Office (RO) zoning district. [Amd. Ord. 38-07 2/5108] (b) Major development shall be considered: [Amd. Ord. 38-07 2/5/08] 1. New construction in all historic districts except CBD and
CF zoned properties and properties zoned OSSHAD subject to CBD design guidelines; or , [Amd. Ord, 38-07 2/51081 2. The construction, reconstruction, or alteration of in excess of twenty-five
percent (25%) of the existing floor area of the building, and all appurtenances, except for properties zoned CBD or CF and properties zoned OSSHAD subject to CBD design guidelines. For
purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008; or, [Amd. Ord. 38-07 215/08] 3.
The construction, reconstruction, or alteration of any part of the front façade of an existing contributing residential or non-residential structure and all appurtenances, except for
properties zoned CBD or CF and properties zoned OSSHAD subject to CBD design guidelines. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative
manner from the date of passage of this ordinance in 2008. [Amd. Ord. 38-07 2/5/08] (c) Minor development shall be considered: [Amd, Ord. 38-07 2/5/08] 1. All new construction in all
historic districts on property zoned CBD and CF as well as all properties in the OSSHAD zoned district subject to the CBD design guidelines; or, [Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (2) (c) 2. 4.5 -10 2. All modifications to existing contributing and noncontributing structures in all historic districts on property zoned CBD and CF as well as all
properties in the OSSHAD zoning district subject to the CBD Design Guidelines; or, [Amd. Ord. 38-07 215/08] 3. The construction, reconstruction, or alteration of any part of the front
façade of an existing noncontributing residential or nonresidential structures and all appurtenances; or, [Amd. Ord. 38-07 2/5/08] 4. The construction, reconstruction, or alteration
of less than twentyfive percent (25%) of the existing floor area of the building and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed
in a cumulative manner from the date of passage of this ordinance in 2008. [Amd. Ord. 38-07 2/5/08] 5. Any changes to Individually Historically Designated properties, whether already
on site or newly designated, to help facilitate the move of a historic structure into a historic district. [Amd. Ord. 38-07 215108] (3) Bui l d i ng s , St r uc t ur e s , Ap p u r t
e n an c e s and P a r k i ng . Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner
that will preserve the historical and architectural character of the building, structure, site, or district: [Amd. Ord. 38-07 215/08] DELETED (a) AND RELE7TERED [Amd. Ord. 38-07 2/5/08]
(a) Appurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. [Amd. Ord. 38-07 2/5/08]
1. Fences and Walls: [Amd. Ord. 38-07 2/5/08] a. Chain-link fences shall be clad in a green or black vinyl and shall only be used in rear yards, or where they are not visible from the
street. [Amd. Ord. 38-07 2/5/08] Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand-alone
appearance. [Amd. Ord. 38-07 2/5/08] c. Fences and walls over four feet (4') shall not be allowed in front or side street setbacks. [Amd. Ord. 38-07 2/5/08]
SECTION 4.5. 1 (E) (3) (a) 1. d. 4.5 -11 d. All other provisions in Section 4.6.5 shall ap ply. [Amd. Ord. 38-07 2/5/08] 2. Garages and Carports: [Amd. Ord. 38-07 2/5108] a. The following
compatibility standards shall apply for major development, where applicable: [Amd. Ord. 38-07 2/5/08] i. Garages and carports are encouraged to be oriented and entered from the side
or rear and out of view from the public right of way. However, if this is not possible, the orientation of garages and carports shall be consistent with the majority of such structures
within the district. [Amd. Ord. 38-07 2/5/08] ii. Garage doors should be designed to be compatible with the architectural style of the principal structure and include individual openings
for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged. [Amd. Ord. 38-07 2/5/08] (b) Parking: [Amd. Ord. 38-07 2/5/08] 1. Where feasible, alternative
methods of meeting minimum parking standards contained in Sections 4.6.9(C)(8) and/or 4.6.9(E), as applicable, shall be explored to avoid excessive use of historic properties and/or
properties located in historic districts for parking. Parking lots shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative
design and landscape elements to buffer parking areas from historic structures. At a minimum, the following options shall be considered: [Amd. Ord. 38-07 2/5/08] a. Locate parking adjacent
to the building or in the rear. [Amd. Ord. 38-07. 2/5/08] b. Screen parking that can be viewed from the public right-of-way with fencing, landscaping, or a combination of the two pursuant
to Section 4.6.5. [Amd. Ord. 38-07 2/5/08] c, Utilize existing alleys to provide vehicular access to sites. [Amd. Ord. 38-07 215/08] d. Construct new curb cuts and street side driveways
only in areas where they are appropriate or existed historically. [Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (3) (b) 1. 4.5 -12 e. Use appropriate materials for driveways, such as concrete poured in ribbons. [Amd. Ord, 38-07 2/5/08] f. Avoid wide driveways and circular drives.
[Amd. Ord. 38-07 2/5/08] 2. Waivers may be granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation
that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation
Design Guidelines. [Amd. Ord. 38-07 2/5/08] (4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development
and preservation standards, the documented, original design of the building may be considered, among other factors. [Amd. Ord. 38-07 215/08] (5) Standards and Guidel ines . A historic
site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in
accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. [Amd. Ord. 3807
2/5108] (6) Relocation. Relocation of historic buildings and structures to other sites shall not take place unless it is shown that their preservation on their existing or original sites
is not consistent with the purposes of this Section or would cause undue economic hardship to the property owner. [Amd. Ord. 38-07 2/5/08] (7) Demolition. Demolition of historic or archaeological
sites, or buildings, structures, improvements, and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F).
Demolition of any structure, whether contributing or non-contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. All structures approved
for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application unless the
Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.1(n). [As d. Ord, 38-07 2/5/08]; [Amd. Ord. 55-07 1/15/08] DELETED (7) AND
RENUMBERED [Amd. Ord. 3B-07 2/5/08]
4.5 -9 SECTION 4.5.1 (E) (8) (8) Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances
thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation
Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof
shape, direction, lot coverage, and square footage, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section
4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Visual compatibility for all development on individually designated properties outside the district
shall be determined by comparison to other structures within the site. [Amd. Ord. 38-07 2/5/081 (a) Height: The height of proposed buildings or modifications shall be visually compatible
in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with
respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the following: [Amd. Ord. 38-07 2/5/081 Building Height
Plane (BHP): The building height plane technique sets back the overall height of a building from the front property fine. [Amd. Ord. 38-07 2/5/081 a. The building height plane line is
extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established
at a two to one (2:1) ratio. See illustration below. [Amd. Ord. 38-07 2/5/08] BUILDING HEIGHT PLANE AT 2C1 RATIO b. A structure relocated to a historic district or to an individually
designated historic site shall be exempt from this requirement. [Amd. Ord. 38-07 2/5/081 NO BUILD ZONE r-• of ai REAR SETBACK
4.5 -6 SECTION 4.5.1 (E) (8) (a) 2. 2. First Floor Maximum Height: [Amd. Ord. 38-07 2/5/08] a. Single-story or first floor limits shall be established by: [Arnd. Ord. 38-07 2/5/08] Height
from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). [Amd. Ord, 38-07 215108] ii. Mean Roof Height shall not exceed eighteen feet (18'). [Amd.
Ord. 38-07 2/5/08] iii. Any portion exceeding the dimensions described in i. and ii above shall be considered multi-story structures. [Amd. Ord. 38-07 2/5/08] iv. See illustration. below:
[Amd. Ord. 38-07 2/5/08] v. Sections i. and ii., above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. [Amd. Ord.
38-07 2/5/08] 3. Upper Story Height: tAmd. Ord. 38-07 2/5/08] a. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve
feet (12'). [Amd. Ord. 38-07 215108] (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the
width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. [Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (8) (c) (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified
by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings
shall be visually compatible within the subject historic district. [Amd. Ord. 38-07 2/5/08] (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure
shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades.
[Amd. Ord. 38-07 215108] (e) Rhythm :of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship
between existing historic buildings or structures within the subject historic district. [Amd. Ord. 38-07 2/5/08] (f) Rhythm of Entrance and/or Porch Protections: The relationship of
entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic
buildings and structures within the subject historic district for all development, [Amd. Ord. 38-07 2/5/08] (g) Relationship of Materials, Texture, and Color: The relationship of materials,
texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the
subject historic district. [Amd. Ord. 38-07 2/5/08] (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape
of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. [Amd. Ord. 38-07 2/5/08]
(i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic
buildings or structures within the subject historic district and the structure to which it is visually related. [Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (8) (j) (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall
be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building
is appropriate, the following shall apply for major development only: [Amd. Ord. 38-07 2/5/08] 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front
facade must be setback a minimum of seven (7) additional feet from the front setback line: [Amd. Ord. 38-07 2/5/081 a. Lots sixty-five (65) feet or less in width are exempt from this
requirement. [Amd. Ord. 38-07 2/5/081 To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side
setbacks (example: 100' lot width x 40% = 40' -15' side yard setbacks = 25'). [Amd. Ord. 38-07 215/08] c. Any part or parts of the front facade may be used to meet this requirement.
[Amd. Ord, 38-07 2/51081 d. See illustration below: [Amd. Ord. 38-07 2/5/083 75' LOT 75' LOT
SECTION 4.5.1 (E) (8) 0) 2. 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a
minimum of five (5) additional feet from the side setback line: [Amd. Ord. 38-07 2/5/08] a. To calculate how much of the building depth must comply with this provision, multiply the
lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% = 60' -25' front yard setback -10' rear setback = 25'). [Amd.
Ord. 38-07 2/5/08] b. Any part or parts of the side facades may be used to meet this requirement. [Amd. Ord. 38-07 2/5/08] c. See illustration below: [Amd. Ord. 38-07 2/5/08] d. If the
entire building is set back an additional five (5) feet from the side, no offsets are required on that side. [Amd. Ord. 38-07 2/5/08] 3. Porches may be placed in the offset portion of
the front or side facades, provided they are completely open except for supporting columns and/or railings. [Amd. Ord. 38-07 2/5/08]
(k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard
to its directional character, whether vertical or horizontal. [Amd. Ord. 38-07 2/5/08]
4.4 -14 (1) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of
another style. [Amd. Ord. 38-07 2/5/08] (m) Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished
as follows: [Amd. Ord. 38-07 215108] 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. [Amd. Ord. 38-07 2/5/08] 2. Additions
or accessory structures shall not be located in front of the established front wall plane of a historic building. [Amd. Ord. 38-07 2/5/08] 3. Characteristic features of the original
building shall not be destroyed or obscured. [Arad. Ord. 38-07 215/08] 4. Additions shall be designed and constructed so that the basic form and character of the historic building will
remain intact if the addition is ever removed. [Amd. Ord. 38-07 2/5/08] 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building
nor replicate the original design, but shall be coherent in design with the existing building. [Amd. Ord. 38-07 2/5/08] 6. Additions shall be secondary and subordinate to the main mass
of the historic building and shall not overwhelm the original building. [Amd. Ord. 38-07 2/5/08] (9) Visual Compatibility incentives. In order to provide design flexibility for residential
structures, as defined by LDR Section 4.5.1(E)(2)(a), that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8), incentives for development shall include
the following: [Amd. Ord. 38-07 215/08] (a) Open Air Spaces: The ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half (2:1.5) for open
air spaces limited to; first or second floor front porches (separation must be provided between floors), first or second floor side porches (separation must be provided between floors),
balconies, and overlooks with open railings (see illustration below); and [Amd. Ord. 38-07 2/5/08]
4.5-5 SECTION 4.5.1 (E) (9) (a) 15.L.Aat: t5;-.); (b) Front Elevation: Up to twenty five percent (25%) of the front elevation(s) can extend above the Building Height Plane (BHP) to a
maximum height of thirty five feet (35'), provided twenty five percent (25%) or more of the front elevation(s) remains one (1) story as defined by LDR Section 4.5.1 (E)(8)(a)(2). The
total width of extension shall not exceed eighteen feet (18') along the front elevation(s). See illustration below. [Mid. Ord. 38-07 215108] FRDNT VI EW S S SIDE CAN'.35,!?!.tOVE _ •1:11k:F
375-. MAX.----NOT EXC ED:. 35.! ___ M131$1 aE LIN,DEA. OF t M.D:R 4 ' F ' 0 3# FA:CAD:E(S ) MUST REMAIN I STORY
SECTION 4.5.1 (r) (F) Restrictions on Demolitions: No structure within a Historic District or on a Historic Site shall be demolished without first receiving a Certificate of Appropriateness
pursuant to Section 2.4.6(H). The Historic Preservation Board shall be guided by the following in considering such a request. [Amd. Ord. 55-07 1/15108] (1) The Historic Preservation
Board upon a request for demolition by a property owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated
historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality that it
would reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced
only with great difficulty or economically nonviable expense. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the
city. (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing
an understanding of the importance and value of a particular culture and heritage. (e) Whether there are approved plans for immediate reuse of the property if the proposed demolition
is carried out, and what effect those plans will have on the surrounding area. [Amd. Ord. 55-07 11151081 (2) No decision of the Board shall result in undue economic hardship for the
property owner. The Board shall have authority to determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (H). (3) The
Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest
that the Board seeks to preserve.
4.5 -7 SECTION 4.5.1 (F) (4) (4) The Board may grant a certificate of appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date.
The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible alternative
to demolition. The Board may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition of non-contributing
buildings within the historic district may be delayed for up to three months. (5) During the demolition delay period, the Board may take such steps as it deems necessary to preserve
the structure concerned. Such steps may include, but are not limited to, consultation with community groups, public agencies, and interested citizens, recommendations for acquisition
of property by public or private bodies, or agencies, and exploration of the possibility of moving one or more structures or other features. (6) The Board may, with the consent of the
property owner, request that the owner, at the owner's expense, salvage and preserve specified classes of building materials, architectural details and ornaments, fixtures, and the like
for reuse in the restoration of the other historic properties. The Board may, with the consent of the property owner, request that the Delray Beach Historical Society, or the owner,
at the owner's expense, record the architectural details for archival purposes prior to demolition. The recording may include, but shall not be limited to photographs, documents, and
scaled architectural drawings to include elevations and floor plans. Two (2) copies of such recordings shall be submitted to the City's Planning and Zoning Department. One (1) to be
kept on file and the other to be archived with the Delray Beach Historical Society. At the Board's option, and with the property owner's consent, the Board or the Delray Beach Historical
Society may salvage and preserve building materials, architectural details, and ornaments, textures, and the like at their expense, respectively. [Amd. Ord. 55-07 1115108] (7) The owner
shall provide the following information on his/her application for any contributing structure in a historic district or individually designated historic structure: [Amid. Ord. 55-07
1115/081 (a) A certified report from a registered architect or engineer which provides documentation explaining that the building is structurally unsound and is damaged beyond the ability
to repair it at a reasonable cost. The report must include photographs to substantiate the damage. [Amd. Ord, 55-07 1115/08/(b) A certified report from an engineer, architect, general
contractor, or other qualified professional which documents the projected cost of repairing the structure and returning it to a safe and habitable condition. [Amd. Ord. 55-07 1/15/081
SECTION 4.5.1 (F) (7) (c) 4.5 -18 (c) An appraisal of the property in its current condition, its value as vacant land and its potential value as a preserved and restored historic property.
[Amd. Ord. 55-07 1115108] (d) Documentation that reasonable efforts have been made to find a suitable alternate location for the structure within the City of Delray Beach to which the
contributing/individually designated historic structure could be safely relocated. Valid. Ord. 55-07 1/15/08] (G) Unsafe Buildings: in the event the Chief Building Official determines
that any structure within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of Ordinances, the Chief Building Official will immediately
notify the Board of his findings. Where appropriate and in accordance with applicable ordinances, the Chief Building Official will attempt to have the structure repaired rather than
demolished, and will take into consideration any comments and recommendations by the Board. However, the provisions contained within division (A) of this section shall not apply to the
Chief Building Official's declaration that a building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be required by applicable ordinances
to protect the public health and safety of the community. The Board may also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with procedures
in the applicable ordinances. (H) Undue Economic Hardship: In any instance where there is a claim of undue economic hardship, the property owner may submit, within a reasonable period
of time, prior to a meeting with the Board, the following documentation: (1) For All Property: (a) The amount paid for the property, the date of purchase, and the party from whom purchased;
(b) The assessed value of the land and improvements thereon, according to the two most recent assessments; (c) Real estate taxes for the previous two years; (d) Annual debt service or
mortgage payments, if any, for the previous two years; (e) All appraisals, if any, obtained within the previous two years by the owner or applicant in connection with the purchase, financing,
or ownership of the property; (f) Any listing of the property for sale or rent, price asked, and offers received, if any; and
SECTION 4.5.1 (H) (1) (g) 4.5 -8 (g) Any consideration by the owner as to profitable adaptive uses for the property, including but not limited to possible fair market rents for the property
if it were rented or leased in its current condition. (2) For Income Property (Actual or Potential): (a) The annual gross income from the property for the previous two years, if any;
(b) The annual cash flow, if any, for the previous two years; and (c) The status of leases, rentals, or sales for the previous two years. (3) An applicant may submit and the Board may
require that an applicant furnish additional information relevant to the Board's determination of any alleged undue economic hardship. The Board may also require, in appropriate circumstances,
that information be furnished under oath. (4) In the event that any of the required information is not reasonably available to the property owner and cannot be obtained by the property
owner, the property owner shall file statement of the information which cannot be obtained and the reasons why such information cannot be reasonably obtained. Where such unobtainable
information concerns required financial information, the property owner will submit a statement describing estimates which will be as accurate as are feasible. (I) Historic Preservation
Board to Act on Site Plans, Landscape Plans, and Architectural. Elevations: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all development
applications, within a Historic District or on a Historic Site, subject to processing under Sections 2.4.5(F),(G),(H), and (I) which otherwise would be acted upon by the Site Plan Review
and Appearance Board or the Planning and Zoning Board. (J) Historic Preservation Board to Act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation
Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance
requests the Board may be guided by the following as an alternative to the criteria normally used by the Board of Adjustments. [And. Ord. 12-93 219193] (1) That a variance is necessary
to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare.
SECTION 4.5.1 (J) (1) (b) 4.5 -20 (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance,
sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic
sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character
of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance
requested is the minimum necessary to preserve the historic character of a historic site or of a historic district. [Arad. Ord, 12-93 2/9/93] (2) Or, as an alternative to subsection
(i)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A
variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site.
(c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. [Amd. Ord. 12-93 219193] (3) The Board shall otherwise follow
all procedures and impose conditions as required of the Board of Adjustments. [Arad. Ord. 12-93 219/93] (K) Designation of Historic Sites: The following Historic Sites are hereby affirmed
or established: (1) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision
of the Fractional East Half of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 17-90, May 22, 1990).
SECTION 4.5A (K) (2) (2) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on the South Half of Lot 4 lying West of State Road MA, (less the West 435.5 feet thereof, less the West
25 feet thereof for road Right-of-way), that part of the South 10 feet of Lot 3 and the North Half of Lot 4 lying West of State Road AlA (less the West 25 feet thereof for road Right-of-way),
and Lot 3 (less the South 10 feet thereof, less the West 25 feet thereof for road Right-of-way) (less Right-of-way of State Road AlA, missing from original description) of Block E, Revised
Plat of Blocks D and E, Palm Beach Shore Acres, Defray Beach, Palm Beach County, Florida as Recorded in Plat Book 7, Page 38, of the Public Records of Palm Beach County, Florida. And
that part of the South 10 feet of Lot 3 lying East of the Right-of-way of State Road AlA. (3) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original
designation by Ordinance 16-89) (4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by Ordinance 17-89)
(5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18-89) (6) THE FREE AND ACCEPTED MASONS
OF DELRAY BEACH LODGE 275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Originally designation by Ordinance 19-89) (7) ST. MATTHEW EPISCOPAL CHURCH, 404 S,W. 3rd Street,
located on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20-89) (8) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Delray Beach,
Palm Beach County [Amd. Ord. 29-94 617/94 (9) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84, Delray Beach, Palm Beach County. (10) HISTORIC
DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Defray Beach (Original designation by Ordinance 119-88) (11) THE COLONY HOTEL
AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, inclusive, Block 108. And Lots 5,
6 and 7, Less 5 foot Road RAW, Block 108, Town of Delray, with the designation pertaining to the buildings only and not the grounds. ['kind. Ord. 22-91 3/26/91]
4.5 -22 SECTION 4.5.1 (K) (12) (12) MILTON-MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly
Town of Linton, Palm Beach County, Florida. [Amd. Ord. 68-94 10/18194]. (13) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25 feet of Lot 7, Block
19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 8-95 2/7195] (14) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 51h Avenue, Delray Beach, Florida; more
particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida
(154 N.W. 5th Avenue). [Amd. Ord. 29-02 7/16/02]; [Amd. Ord. 9-95 2/7/95] (15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray Beach, formerly
Town of Linton, Palm Beach County, Florida. [Amd. Ord. 26-95 616195] (16) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly Town of Linton,
Palm Beach County, Florida. [Amd. Ord. 27-95 6/6/95] (17) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Delray Beach, formerly Town of Linton,
Palm Beach County, Florida, [Amd. Ord. 28-95 616195] (18) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the
West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach County, Florida. [Amd. Ord. 57-96 12/3/96] (19) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL,
located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach, Florida; more particularly described as the East 1/2 of Lot 12, Section
8-46-43, Delray Beach, Palm Beach County, Florida. The chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest
corner of Lake Ida Road and Swinton Avenue. [Amd. Ord. 26-97 7/1/97) (20) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more particularly described as the
South 27.6 feet of Lot 5, less the West 5 feet SR RNV, Lots 6 & 7, less the West 5 feet SR R/W, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach
County, Florida. [Amd. Ord. 46-97 11/18/97
SECTION 4.5.1 (K) (21) 4.5 -23 (21) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in
Plat Book 21 at Page 15 of the Public Records of Palm Beach County, Florida_ [Amd. Ord. 12-98 3/3/981 (22) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located
at 36 Bronson Street, Defray Beach, Florida; more particularly described as Lots 16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public
Records of Palm Beach County, Florida. [Amd. Ord. 46-99 11116199] (23) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway
in the City of Delray Beach, Palm Beach County, Florida. [Amd. Ord. 18-00 8/15/00] (24) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8th Street Bridge, (State Structure
#930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. [Arnd. Ord. 19-00 8/15/001 (25) THE WATER HOUSE, located
at 916 and 918 Northeast 5th Street, Delray Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof
recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. [Amd. Ord. 15-01 2/20/01] (26) THE O'NEAL HOUSE, located at
910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Defray Beach, Palm Beach County, Florida, according
to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 27-02 7116/02] (27) THE AMELUNG HOUSE, located at 102 NE 12th
Street, Delray Beach, Florida, more particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records
of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. [Amd. Ord. 25-03 8/19/03] (28) THE DEWITT ESTATE, located at 1110 North Swinton Avenue,
Delray Beach, Florida, more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of
South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach
County, Florida. [Amd. Ord. 71-04 1/4105]
SECTION 4.5.1 (K) (29) 4.5 -24 (29) THE HARTMAN HOUSE, located at 302 N.E. 7th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 13 and 14, Block 113, Highland
Park according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida. [Amd. Ord. 26-05 5131051 (30) THE SEWELL C. BIGGS
HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida, more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Defray Beach Esplanade, according to the
plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. [Arad. Ord. 5005 7/19105] (L) Designation of Historic Districts: The following Historic
Districts are hereby affirmed or established: (1) NASSAU STREET which consists of Lots 2-19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1-12
of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book
21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87 adopted on January 12, 1988) [Amd. Ord. 38-07 2/5/08] (2) MARINA which consists of Block 125, excluding
the south 350' of the north 488.6' of the west 100' of Block 125, along with that part of Block 133 lying west of the Intracoastal Waterway, together with the east half of Block 118,
along with all of Block 126, together with that portion of Block 134 lying west of the Intracoastal Waterway, along with east half of Block 119, together with all of Block 127, along
with the east half of Block 120, and all of Block 128, all within the Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records (Original designation by Ordinance
156-88 adopted on December 20, 1988) [Amd. Ord. 38-07 2/5/08] (3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL-1DA PARK, according
to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance
9-88 adopted on March 22, 1988) (4) OLD SCHOOL SQUARE which consists of the south one-half of Block 57 and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6
of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1-88 adopted on February 9, 1988).
4.5 -25 SECTION 4.5.1 (L) (5) (5) WEST SETTLERS is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running
north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the eastwest alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley
in Block 43; the east-west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north-south alley and the eastern one-half (1/2)
of the block south of the alley of Block 19; the northsouth alley in the north half of Block 20. [Amd. Ord. 38-07 2/5/08]; [Amd. Ord. 6-97 2/18/97] (M) Tax Exemption for Historic Properties:
[Amd. Ord. 50-96 11/19/96] (1) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section
4.5.1(K) & L, as amended. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 100% of, the increase in assessed value
resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96
11119/96] (2) The above exemption does not apply to: [Amd. Ord. 50-96 11/19/96] (a) Taxes levied for payment of bonds; [Amd. Ord. 50-96 11/19196] (b) Taxes authorized by a vote of the
electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or [Amd. Ord. 50-96 11/19/96] (c) Personal property. [Amd. Ord. 50-96 11/19/96] (3) Duration of
Tax Exemption: [Amd. Ord. 50-96 11/19196] (a) The exemption period shall be for ten (10) years, beginning January 1st following the year in which final approval is given by the City
Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesser term. [Amd.
Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11119/96] (b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes
in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which
qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. [Amd. Ord. 50-96 11/19196]
4.5 -26 SECTION 4.5i (M) (4) (4) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation
exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser.
[Amd. Ord. 50-96 11/19/96] (5) Qualifying Properties and improvements: [Amd. Ord. 50-96 11/19196] (a) The following real property in the City is qualifying property for the purposes
of this ordinance if at the time the exemption is approved by the City Commission, the property: [Amd. Ord. 50-96 11119/96] (i) is individually listed in the National Register of Historic
Places pursuant to the National Historic Preservation Act of 1966, as amended; or, [Amd. Ord. 50-96 11/19/96] (ii) is a contributing property to a National Register-listed district;
or, [Amd. Ord. 50-96 11119/96] (iii) is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance;
and, [Amd. Ord. 50-96 11/19/96] (iv) has been certified by the Historic Preservation Board as satisfying (a) (i), (ii), or (iii). [Amd. Ord. 50-96 11/19/96] (b) For an improvement to
a historic property to qualify the property for an exemption, the improvement must: [Amd. Ord. 50-96 11/19/96] (i) be consistent with the United States Secretary of the Interior's Standards
for Rehabilitation, as amended; [Amd. Ord. 50-96 11/19/96] (ii) be determined an improvement by the Historic Preservation Board as established in rules adopted by the Department of State,
Division of Historical Resources, FAG 1A-38, as amended which defines a real property improvement as changes in the condition of real property brought about by the expenditure of labor
and money for the restoration, renovation, or rehabilitation of such property. improvements shall include, but are not limited to: modifications, repairs, or additions to the principal
contributing building and its associated accessory structures (i.e, a garage, cabana, guest cottage, storage/utility structures, swimming pools), whether existing or new, as long as
the new construction is compatible with the historic character of the building and site in terms of size, scale, massing, design, and materials, and preserves the historic
SECTION 4.5.1 (M) (5) (b) ( 4.5 -27 relationship between a building or buildings, landscape features, and open space. The exemption does not apply to improvements made to non-contributing
principal buildings or their noncontributing accessory structures. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96 (iii) be consistent with Section 4.5.1(E), "Development Standards",
of the City's Land Development Regulations; and [Amd. Ord. 50-96 11119196] (iv) include, as part of the overall project, visible improvements to the exterior of the structure. [Amd.
Ord. 50-96 11/19/96] (6) Evaluation of Property Used for Government or Nonprofit Purposes: [Amd. Ord. 50-96 11/19196] (a) For purposes of the exemption under Section 196.1998, Florida
Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a local
government unit or a nonprofit organization certified by the Department of State under Section 617.0301, Florida Statutes. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11119196] (b) For
purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided
not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission
fee, comparable to fees charged at similar facilities in the area. [Arad. Ord. 50-96 11119196] (7) Application for Exemption: [Amd. Ord. 50-96 11119/96] (a) Any property owner, or the
authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must file a Tax Exemption Application with the Planning and Zoning
Department. The application shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources.
Part 1 of the application, the Construction Application, shall be submitted before, during, or after qualifying improvements are initiated and Part 2, the Final Application/Request for
Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The Final Application shall contain the Historic Preservation Exemption
SECTION 4.5.1 (M) (7) (a) 4.5 -28 Covenant, as provided for herein. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (8) Part 1, Construction Application: [Amd. Ord. 10-03 5/20/03];
[Amd, Ord. 50-96 11/19/96] (a) A Construction Application shall be filed with the Planning and Zoning Department before, during, or after the qualifying project is constructed. The Construction
Application shall also contain information concerning the estimated cost of the qualifying improvement and be accompanied by a copy of the most recent tax bill from the Palm Beach County
Property Appraiser for the property. Upon receipt of the Construction Application, the Historic Preservation Planner shall review the application and determine whether the application
is complete and whether the property satisfies the requirements of Section 4.5.1(M)(5) and is therefore eligible for review by the Historic Preservation Board. [Amd. Ord. 10-03 5/20/03];
(9) Review of Const ruct ion Appl i cat ion by the Histor i c Preservat ion Board: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19196] (a) The Historic Preservation Board shall review
the Construction Application within 60 days of the Historic Preservation Planner's determination of eligibility. The exterior portion of the work shall be reviewed in accordance with
the Certificate of Appropriateness review process simultaneously with the Part 1, Construction Application. If site plan approval or a variance is required for the project, the respective
applications shall be presented to the Historic Preservation Board in conjunction with the Certificate of Appropriateness review process. If Part I of the Construction Application is
submitted after the project has been completed, the application must be submitted within 18 months from the date of issuance of a Certificate of Occupancy. [Amd. Ord. 10-03 5/20/03];
[Amd. Ord. 50-96 11119/96] (i) If the Historic Preservation Board determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained
in Section 4.5.1(E), the Construction Application and, if applicable, the Certificate of Appropriateness shall be approved by the Historic Preservation Board. [Amd. Ord. 10-03 5/20/03];
[Arnd. Ord. 50-96 11/19/96] (ii) If the Historic Preservation Board determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards
contained in Section 4.5.1(E), corrective measures shall be prescribed by the Board. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11119/96]
SECTION 4.5.1 (M) (10) 4.5 -29 (10) Part 2, Final Applicat ion/Request for Review of Completed Work: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) if the Historic Preservation
Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1(E), the Board shall approve the Final Application/Request
for Review of Completed Work and the Historic Preservation Planner shall issue a written order to the applicant. The Historic Preservation Planner will inspect the completed work to
verify such compliance. The review of the Historic Preservation Board shall be completed within thirty (30) days of the receipt of the completed Final Application/Request for Review
of Completed Work as verified by the Historic Preservation Planner. [Amid, Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (b) The Final Application/Request for Review of Completed Work
shall be accompanied by documentation of the total expenditures of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills,
NA Forms 702-704, canceled checks, copies of invoices, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request
for Review of Completed Work and all required supporting documentations, the Historic Preservation Board shall conduct a review at a regularly scheduled public meeting to determine whether
or not the completed improvements are in compliance with the work described in the Construction Application, approved amendments, if any, and Section 4.5.1(E). After the above mentioned
review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord, 50-96 11/19/96] (c) If the Historic
Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E), the applicant
shall be advised that the Final Application has been denied. The Historic Preservation Planner shall provide a written summary of the reasons for the determination to the applicant.
[Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (11) Appeal to the Historic Preservation Board's Decision: [Amd. Ord. 1003 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) Any action taken
by the Historic Preservation Board is appealable to the City Commission pursuant to Section 2.4.7(E), "Appeals'. [Amd. Ord. 10-03 5120/03]; [Amd. Ord. 50-96 11/19/96]
SECTION 4.5.1 (M) (12) -30 (12) Approval by the City Commission: [Amd. Ord. 10-03 5120/03]; [Amd. Ord. 50-96 11119196] (a) Upon approval of a Final Application/Request for Review of
Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission
approving the Final Application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant as provided in Section
4.5.1(M)(13) in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. [Amd. Ord.
10-03 5/20103]; [Amd. Ord. 50-96 11119/96] (13) His tor i c Preservat ion Exempt ion Covenant : [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19196] (a) To qualify for an exemption,
the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant as established by the Department
of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term for which the exemption is granted
and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted_ [Amd. Ord. 10-03 5120/03]; [Arnd. Ord. 50-96
11119196] (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and
shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees,
and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the
taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount
of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212_12(3), Florida Statutes. [Amd. Ord. 10-03 5120103]; [Amd. Ord. 50-96 11/19/96]
(14) Completion of Work: [Amd. Ord. 10-03 5120/03]; [Amd. Ord. 50-96 11/19/96]
4.5 -31 SECTION 4.5.1 (M) (14) (a) (a) An applicant must complete all work within two (2) years following the date of approval of a Part 1 Construction Application by the Historic Preservation
Board. A Construction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years
following the date of approval of the Construction Application. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19196] (b) The City Commission, upon the recommendation of the Historic
Preservation Board, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. [Amd. Ord. 50-96 11/19/96] (15) Notice
of Approval to the Property Appraiser: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic
Preservation Planner, the Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City
Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. [Amd. Ord, 10-03 5/20/03]; [Amd. Ord. 50-96 11119/96] (b) The
resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January 1st of the year in which an exemption is requested. Therefore,
the Final Application/Request for Review of Completed Work must be submitted no later than November 1st of the year the work was completed in order to process the application for both
the Historic Preservation Board and City Commission approvals. If the Final Application/Request for Review of Completed Work is not submitted by November 1st of the year the work was
completed, the abatement will not take effect until the following year of the date of submittal. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11119/96] (16) Revocation Proceedings: [Amd.
Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the
applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation
Exemption Covenant. [Amd. Ord. 50-96 11/19196]
4.5 -32 SECTION 4.5.1 (M) (16) (b) (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall
hold a revocation hearing in the same manner as in Section 4.5.1(M)(10), and make a recommendation to the City Commission. [Amd. Ord. 10-03 5/20/03]; [Arad. Ord. 50-96 11119196] (c)
The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission
determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to
the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. [Amd. Ord. 50-96 11/19/96] (d) Upon receipt of the resolution revoking the
tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation.
[Amd. Ord. 50-96 11/19/961 Section 4.5.2 Noise Control: Any land use established within the City of Delray Beach must comply with the requirements of Chapter 99, Noise Control, of the
Code of Ordinances. Section 4.5.3 Flood Damage Control Districts: (A) Purpose and Intent: It is the purpose of this Overlay Zone District to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety,
and property due to water or erosion or in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve these uses, be protected against
flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation
of flood waters; (4) Control filling, grading, dredging, and other development which may increase erosion or flood damage; and, (5) Prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may increase flood hazards to other lands.
4.5 -32 EXHIBIT "C" The Secretary of the Interior's Standards for Rehabilitation The Secretary of the interior's Standards for Rehabilitation are ten basic principles created to help
preserve the distinctive character of a historic building and its site, while allowing for reasonable change to meet new needs. The Standards (36 CFR Part 67) apply to historic buildings
of all periods, styles, types, materials, and sizes. They apply to both the exterior and the interior of historic buildings. The Standards also encompass related landscape features and
the building's site and environment as well as attached, adjacent, or related new construction. 1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic
materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes
that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change
over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or
examples of craftsmanship that characterize a historic property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration
requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of
missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials
shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project
shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall
not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and
architectural features to protect the historic integrity of the property and its environment. 10.New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager
DATE: September 30, 2011 SUBJECT: AGENDA ITEM 9.B.1 -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 CONSIDERATION OF AN APPEAL/HPB'S DECISION/WAIVER REQUEST ITEM BEFORE COMMISSION The
action requested of the City Commission is consideration of an appeal of the Historic Preservation Board’s (HPB) rejection of the waiver request on August 21, 2011. The HPB’s motion
to approve the waiver of required parking spaces at 85 SE 6th Avenue failed on a 0-5 vote, based upon a failure to make positive findings to LDR Section 4.5.1(E)(3)(b)2. BACKGROUND On
August 16, 1995, the HPB approved a COA for two (2) of the three (3) on-site buildings including the conversion of the Blank House from single-family residence to retail use (Building
A), the conversion of a garage to office use and addition of a second story residential apartment (Building B), and the construction of a nine-space, pea-rock parking area off of SE
1st Street. The third building (Building C) was, and remains, a multi-family residence. The single family residence (Building A) was subsequently converted to retail use and the garage
was converted to office use. Building permits were not obtained for the conversion of the garage nor was the parking area required for this conversion ever installed. As a result, the
office use was never legally established. In October of 1995, the retail use (Building A) was legally converted to restaurant use and the second floor to a storage area. Between 1995
and 2004 as the illegal status of the office use continued to surface, Site Plan Applications were submitted and approved for the conversion of use with associated parking improvements.
Each application was allowed to expire and none of the required improvements were ever constructed. The latest approval of August 3, 2004 permitted the applicant to pay for two (2) parking
spaces and included the installation of the balance of required spaces on site (a total of four new spaces just south of the City’s public parking lot and retention of three existing
spaces off the alley on the east side of property). As with previous approvals, no improvements were constructed, no payments of in-lieu of parking fees were made, and the approvals
expired. At its August 21, 2011 meeting, the HPB reviewed yet another attempt, after 16 years, to address the
office conversion. This request was to waive all required parking (6 spaces) for the office space conversion. This request was denied and the appeal of that denial is now before the
City Commission. WAIVER: Pursuant to LDR Section 4.5.1(E)(3)(b)2., waivers may be granted by the Historic Preservation Board for relief from the number of parking spaces required in
Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent
of the Delray Beach Historic Preservation Design Guidelines. Confirmation that adequate parking can be achieved has not been presented. Past site plan submittals have been approved which
adequately provided the required amount of parking and were found to be appropriate and compatible to the historic property. Further, in 2004, additional options were approved to provide
for a portion of the parking on-site and a portion via in-lieu. None of these options were followed up on or completed. Waiving the required parking spaces altogether will have the potential
to adversely affect the neighboring area in that the required parking for this private project will utilize public parking spaces, thereby reducing the number of public spaces available
for other users. In addition to the above, it should be considered that while relief may be granted to the amount of required parking spaces, the intent of this “benefit” afforded to
historic properties is not to excuse the provision of all parking but to provide alternatives. Otherwise, one could conclude that parking on historic properties converted to office use
is not necessary. It is noted that the parking requirement currently being applied is significantly less than the current code requirement. To understand the intensity of the uses on
the site, and what their parking requirement would be if the site were required to comply with today’s parking requirement, the following is noted. The required parking for each individual
use would be: office-4, restaurant-13, multi-family residence-7, for a total of 24 spaces. The mixed-use parking calculation would require that twenty (20) spaces be provided, plus the
two (2) spaces eliminated from the garage conversion to office. Utilizing the old code requirements requires that only nine (9) parking spaces be provided (3 existing and 6 for the garage
conversion). The current request is to legally establish the aforenoted change of use, and to completely waive the required six (6) parking spaces. The subject request is not supported
by Staff nor has it received support from other reviewing Boards. If Commission finds that the most appropriate manner in which to maintain the historic integrity of the site is to not
physically provide any parking spaces, then Staff recommends that the property owner be required to make payment of all required spaces (6) via the inlieu of parking process. This alternative
would be the fair approach given that other historic properties converted to commercial use have been obligated to account for their required parking through the available and appropriate
options, including the in-lieu program. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered the subject request at its March 10, 2011 meeting, where they recommended
denial of the waiver to the required parking. The Board also requested that the item return for further review when “a solution is worked out.” The Downtown Development Authority (DDA)
considered the subject request at its March 14, 2011 meeting, where the Board unanimously recommended to “decline” the request to waive all six (6) of the required spaces. Direction
was given to the applicant to work out an alternative approach with Staff, and return to the DDA for further review. The Parking Management Advisory Board (PMAB) considered the subject
request at its June 28, 2011
meeting, where a recommendation to deny the request as presented. The Board suggested that the applicant work with Staff and accommodate three (3) spaces on site and provide the balance
either through an off-site parking agreement, or via the in-lieu of parking fee. RECOMMENDATION Deny the appeal, thereby upholding the Historic Preservation Board’s action of denial.
1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 85 SE 6TH AVENUE 1. This waiver
request came before the City Commission on October 4, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver
request to reduce the required parking for 85 SE 6th Avenue from six (6) spaces to zero (0) spaces. All of the evidence is a part of the record in this case. Required findings are made
in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does
not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Pursuant to LDR
Section 4.5.1(E)(3)(b)2, waivers may be granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation
that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation
Design Guidelines. As provided for in the referenced Section above, the applicant has requested a waiver to the provision of the six (6) required parking spaces. The following is an
excerpt from the attached waiver justification statement provided with the request: “Adequate parking…can be…achieved by alternate means which are consistent with the provisions and
intent of the Delray Beach Historic Preservation Design Guidelines…Thus, the owner is seeking to maintain the historic integrity of the site by allowing the property to exist with 3
spaces on the Property.
2 …the disruption of existing open spaces to provide otherwise underutilized parking would undermine the intent of Ordinance 38-07 and Future Land Use Policy A-4.2, which mandates that
redevelopment shall provide for the preservation of existing resources.” Does the waiver to Section 4.5.1(E)(3)(b)2 to allow a reduction in parking from six (6) spaces to zero (0) spaces
meet all of the requirements of 2.4.7(B)(5)? Yes _______ No _______ 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original
development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample
and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony
of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ___ denies ___ the waiver request to LDR Section
4.5.1(E)(3)(b)2. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 4th day of October, 2011, by a vote of _____ in favor and ____ opposed. ___________________
_____________ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk
MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: September 12, 2011
SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 CONDITIONAL USE REQUEST/EGLISE DE DIEU PRIMITVE DE LA NOUVELLE JERUSALEM, INC. ITEM BEFORE COMMISSION The item
before the City Commission is a conditional use request to convert an existing 3,335 sq. ft. duplex residential structure to a church at 614 Martin Luther King Jr. Dr. The request is
accompanied by an associated off-site parking lot on existing vacant parcels located on the west side of NW 6thAvenue, approximately 165 feet south of Martin Luther King Jr. Drive. This
parking lot will require a waiver to allow more than a 300’ maximum pedestrian path distance to the off-site parking lot, which is also accompanying this request as a separate agenda
item. BACKGROUND Parcel 1 contains an existing 3,335 sq. ft. vacant structure situated on 0.1550 acres and was constructed in 1976 as a duplex residential building. Parcels 2 & 3 total
0.3771 acres of vacant land and are proposed as an off-site parking lot at a pedestrian path distance of 322’ away from the Church. All three (3) parcels will be joined by unity of title.
Parcel 1 is proposed to house Eglise De Dieu Primitive De La Nouvelle Jerusalem Church which has a congregation of about 50-80 members and rents a church building for weekly services
currently being held at 414 SW 3rd St. The proposed development site will be their first sanctuary. The three (3) main services of the Church will be on Friday evenings between 8:00
p.m. -10:30 p.m. and on Sundays from 8:00 a.m. – 11:00 a.m. and 5:00 p.m. – 8:00 p.m. Creole Classes will also be offered for those parishioners who cannot read the Creole Bible. This
training service will be offered two (2) days a week for two (2) hours a day during the weekdays in the afternoon. Other church functions common with places of religious assembly may
occur from time to time such as church bazaars, fundraisers and various activities around holidays such as Easter and Christmas. Although the existing structure satisfies the minimum
required building setbacks for the R-1-A zoning district, churches are more appropriately located within the Community Facilities (CF) zoning district. In CF zoning districts churches
are a permitted use (as opposed to conditional use in the R-1-A) where certain measures helping to insure compatibility can be utilized. For example, when a church is
proposed in a CF district and is adjacent to residential zoning, LDR Section 4.4.21.H.2 encourages a 15 foot perimeter landscape area, or as an alternative, a wall, a decorative fence,
or hedging for aesthetic and buffer purposes. The R-1-A zoning does not require nor can they provide these mitigating measures, given the tight, compact nature of the development pattern
and the minimal setbacks from immediately adjoining properties. In addition, the proposed church does not fulfill remaining land use needs for this area. There are at least twelve (12)
churches within a one (1) mile radius of the subject site. Several of these churches share the same denomination and serve the same cultural background as this proposed church. Negative
impacts of noise and traffic on the adjacent residential properties are highly probable if a church is established at the subject site. The future use and intensity is inappropriate
and does not comply in terms of these physical considerations. Staff has significant concerns on the impacts to the neighboring residential properties. REVIEW BY OTHERS The CRA (Community
Redevelopment Agency) made a recommendation of denial of the conditional use request and waivers to establish Eglise De Dieu Primitive De La Nouvelle Jerusalem Churchat 614 Martin Luther
King Jr. Dr. at their meeting of July 14, 2011. The Planning and Zoning Board considered the conditional use request to convert the existing 3,335 sq. ft. multifamily residential structure
to a church at their meeting of July 18, 2011. The Board unanimously recommended denial. Both the CRA and Planning & Zoning Board had concerns with the potential negative impacts on
abutting residential properties, as well as, traffic impacts with respect to stacking and parking along the adjacent rights-of-way. RECOMMENDATION Denythe conditional use request to
convert the existing 3,335 sq. ft. duplex residential structure to a church, due to a failure to make positive findings with respect to the criteria set forth in Sections 2.4.5 (E)(5)
and Chapter 3 of the Land Development Regulations.
1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST TO CONVERT A 3,335 SQ. FT. RESIDENTIAL STRUCTURE TO A CHURCH AT 614 MARTIN LUTHER KING
DRIVE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on October 4, 2011. The conditional use request
is to convert a 3,335 sq. ft. residential structure to a church at 614 Martin Luther King Drive. 2. The City staff, applicant, and other persons have presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request of the Eglise De Dieu Primitive De La Nouvelle Jerusalem Church. All of the evidence is a part of the record
in this case. Required findings are made in Sections I and II below. I. COMPREHENSIVE PLAN A. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the
zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of LD (Low Density Residential, 0-5 Dwelling Units
Per Acre) and a zoning designation of R-1-A (Single Family Residential), which are consistent with each other. Pursuant to LDR Section 4.4.3(D)(2), churches or places of worship and
their attendant educational, nursery, Sunday school, recreational and columbarium facilities, are allowed as conditional uses. Are the requirements of the Future Land Use Map met? Yes
________ No_________ B. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy.
These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan.
2 Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ________ No_________ C. Consistency:
Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding
of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Are the consistency
requirements met such that the proposed project is complementary to and compatible with adjacent land uses and the beneficial aspects of the project outweigh the negative impact of identified
points of conflict? Yes ________ No_________ D. Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. It
is noted that the existing structure satisfies the minimum required building setbacks for the R-1-A zoning district. Churches have been approved throughout the northwest and southwest
neighborhoods, frequently on Community Facilities (CF)-zoned properties where churches are a permitted use (as opposed to conditional use in the R-1-A). CF-zoned properties are frequently
located adjacent to established residential neighborhoods with residential zoning, and because of this, contain measures that help to insure compatibility. Are the requirements of the
Future Land Use Element Objective A-1 met? Yes ________ No_________ II. LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly
detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties.
3 Will Section 2.4.5(E)(5) be met? Yes _________ No_________ 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use
application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves
___ denies ___ the conditional use application subject to the conditions attached hereto in Exhibit “A” and hereby adopts this Order this 4th day of October, 2011, by a vote of _____
in favor and ____ opposed. ________________________________ Nelson S. McDuffie, Mayor ATTEST: _______________________________ Chevelle Nubin City Clerk
1 EXHIBIT “A” Conditions Related to the Eglise De Dieu Primitive De La Nouvelle Jerusalem Church 1. A unity of title for all three (3) subject parcels shall be submitted, approved and
recorded prior to issuance of a certificate of occupancy to establish the church. 2. The photometrics from Parcel 1 (church building) are illegible. They should either be removed or
redrawn at a larger scale for legibility. For the church building, the building entrance, accent pathways and landscape lighting will be required to comply with the minimum and maximum
footcandle requirements. 3. Pursuant to LDR Section 4.4.3(D)(2), churches located within the R-1-A zoning districts do not permit child care or day care as an accessory use. It must
be approved separately as a conditional use. Approval of a subsequent conditional use application to allow child care facilities within the church shall be required. 4. A subsequent
Class III site plan modification shall be required and approved by SPRAB and certified as approved prior to issuance of a certificate of occupancy to establish the church. 5. A subsequent
signage application is required to be approved prior to installation of any new signage.
MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: September 13, 2011
SUBJECT: AGENDA ITEM 9.C.1 -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 WAIVER REQUEST/EGLISE DE DIEU PRIMITIVE DE LA NOUVELLE JERUSALEUM, INC. ITEM BEFORE COMMISSION The item before
the City Commission is consideration of a waiver to LDR Section 4.6.9.E.5.a.1., to increase the maximum acceptable pedestrian path distance to three hundred twenty-two feet (322’) for
an off-site parking lot. The current Land Development Regulations (LDRs) limits the maximum distance to three hundred feet (300’) for all off-site parking lots. BACKGROUND Parcel 1 contains
an existing 3,335 sq. ft. vacant duplex residential structure situated on 0.1550 acres which was constructed in 1976. Parcels 2 & 3 totalling 0.3771 acres, are currently vacant and will
be developed as an off-site parking lot (27 spaces). These parcels containing the off-site parking will be 322’ away (at their closest point) from the Church while a maximum distance
of 300’ is allowed for offsite parking lots. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does
not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LDR
Section 4.6.9.E.5.a.1., in instances where uses do not have sufficient space to accommodate parking on-site, parking for day-to-day operation may be provided on another property within
three hundred feet (300’) measured along an acceptable pedestrian route. This distance is the maximum distance pedestrians are expected to transverse to be deemed conveniently located
parking. While the applicant will argue that it is only 22’ more than is allowed, it is noted that this 322’ is to the closest corner of the site and someone parking in the back of the
lot will actually be 492’ or
more from the church. The applicant has provided the following verbatim justification statement regarding the waiver request: “The requested waiver is both nominal in scope and is the
minimum necessary for the Church to make proper use of its property.“ Additional justification provided by the applicant is attached as a supplement to the staff report. A waiver to
this requirement is not supportable given the impact to the neighborhood during worship times when parking is likely to occur adjacent to the right-of-way along NW 6th Avenue and NW
2nd Street. The extended off-site distance discourages commuters from parking in this off-site parking area. Under normal circumstances, these spaces would be accommodated on site. However,
due to the nonconforming lot size of the church building parcel, this is not feasible. The granting of this waiver will adversely affect the neighboring area. With the parking of vehicles
on the adjacent more convenient streets, the capacity of the roadways will be significantly diminished due to the inability to travel at normal speeds and utilize all of the available
right-of-way to transverse through the neighborhood. Cars will likely be parallel parked along both sides of both roadways to avoid walking the proposed 322’ to 492’ pedestrian pathway,
and this will in turn, create an unsafe situation. Consequently, positive findings can not be made in the request to increase the pedestrian route distance from three hundred feet (300’)
to three hundred twenty-two feet (322’) with respect to LDR Section 2.4.7(B)(5). REVIEW BY OTHERS The CRA (Community Redevelopment Agency) made a recommendation of denial of both the
conditional use request and waiver to establish Eglise De Dieu Primitive De La Nouvelle Jerusalem Church at 614 Martin Luther King Jr. Dr. at their meeting of July 14, 2011. The Planning
and Zoning Board considered the conditional use request and waiver to convert the existing 3,335 sq. ft. duplex residential structure to a church at their meeting of July 18, 2011. The
Board unanimously recommended denial of both the conditional use request and the waiver request. Both the CRA and Planning & Zoning Board had concerns with the potential negative impacts
on abutting residential properties, as well as, traffic impacts with respect to stacking along the adjacent rights-of-way due to a lack of convenient parking. RECOMMENDATION Denythe
request for a waiver to LDR Section 4.6.9.E.5.a.1., to increase the maximum acceptable pedestrian path distance to three hundred twenty-two feet (322’) for an off-site parking lot, by
adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in
LDR Section 2.4.7(B)(5) of the Land Development Regulations.
1 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST TO EXCEED THE MAXIMUM 300’ DISTANCE
FOR OFF-SITE PARKING LOTS ASSOCIATED WITH EGLISE DE DIEU PRIMITIVE DE LA NOUVELLE JERUSALEM CHURCH 1. This waiver request came before the City Commission on October 4, 2011. 2. The Applicant
and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to exceed the maximum 300’ distance for off-site parking lots associated
with Eglise De Dieu Primitive De La Nouvelle Jerusalem Church. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I.
WAIVER TO MAXIMUM 300’ DISTANCE FOR OFF-SITE PARKING LOTS: Per LDR Section 4.6.9(E)(5)(a)(1), in instances where uses do not have sufficient space to accommodate parking on-site, parking
for day-to-day operation may be provided on another property within three hundred feet (300’) measured along an acceptable pedestrian route. The applicant has requested that this maximum
distance of 300’ be increased to 322’. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall
not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result
in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner.
2 Does the waiver to Section 4.6.9(E)(5)(a)(1) to allow an increase in the maximum distance for off-site parking lots from 300’ to 322’ meet all the requirements of 2.4.7(B)(5)? Yes
_______ No _______ 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds
that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support
its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting
these findings. 5. Based on the entire record before it, the City Commission approves ___ denies ___ the waiver request to LDR Section 4.6.9(E)(5)(a)(1). 6. Based on the entire record
before it, the City Commission hereby adopts this Order this 4th day of October, 2011, by a vote of _____ in favor and ____ opposed. ________________________________ ATTEST: Nelson S.
McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk
MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City
Manager DATE: September 29, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 GARAGE PARKING SPACE LICENSE AGREEMENT/GLOBAL PARKING SOLUTIONS ITEM BEFORE
COMMISSION The item before the City Commission is that of approving an agreement with Global Parking Solutions for the use of Forty parking spaces in the Federspiel Garage. BACKGROUND
The City Commission, at its meeting of September 12, 2007 entered into a Parking License Agreement with Boca Parking Systems, Inc., (BPS) for the use of 40 parking spaces in the Federspiel
Garage to accommodate vehicles accepted at the valet parking queue operated on behalf of Sopra Restaurant located at 110 East Atlantic Avenue. Prior to this agreement, BPS utilized the
55 space parking lot located on SE 1st Avenue owned by the Sopra Building. The parking lot was assimilated into the Worthing Place Development, leaving the valet queue without parking
for the storage of vehicles. In order to facilitate the continuation of the valet service, the City entered into the referenced Parking License Agreement. In 2009 BPS underwent reorganization,
dissolving the corporation resulting in the formation of two (2) entities, Sunshine State Parking and Ameristar Parking Solutions. Sunshine State Parking retained management of the subject
valet parking queue which included transfer of the existing agreement for use of the Federspiel Garage. Effective on or about September 15, 2011 Sunshine State Parking has discontinued
the management of the valet queue. Prime Steakhouse, the current licensee of the valet parking queue, has negotiated with Global Parking Solutions to operate the queue. Global has requested
transference of the Federspiel Parking License Agreement to accommodate vehicles utilizing the queue. Global has been operating various valet queues in Delray Beach since 2001, and is
currently operating valet queues for GOL A Taste of Brazil and Pineapple Groove, and manges the parking lot at the Ocean City Lumber property. Interaction with Global and City Staff
has been very good over the years as they've been responsive to resolving occasional incidents and portray a positive image to Delray Beach visitors using their valet parking services.
The following modifications have been made to the agreement: 1) Allows for annual automatic renewal in tandem with the Valet Parking License Agreements, including a cancellation clause
on the part of the City effective 3 days subsequent to the mailing of notice and, 2) Immediate revocation of the agreement upon notice from Licensee of cancellation of the queue. All
other terms and conditions of the agreement remain, with spaces at $40 per space, per month, totaling $1,600 per month, yielding an annual income $19,200. RECOMMENDATION By motion, approve
the agreement with Global Parking Solutions for the use of 40 spaces in the Federspiel Garage to accommodate vehicles using the 110 East Attlantic Avenue valet parking queue, currently
licensed to Prime Steakhouse.
GARAGE PARKING SPACE LICENSE AGREEMENT THIS AGREEMENT (“The Agreement”) is made this _________ day of ______________________, 2011, by and between the CITY OF DELRAY BEACH, a Florida
municipal corporation (the “CITY”), and GLOBAL PARKING SOLUTIONS, ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces,
located in the Federspiel Garage, for valet parking; and WHEREAS, the LICENSEE may utilize the garage parking spaces during the hours provided herein; and WHEREAS, in order to use the
parking spaces referenced herein, the CITY requires that LICENSEE enter into this non-exclusive Garage Parking Space License Agreement. NOW THEREFORE, in consideration of the mutual
covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree
as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2.
Parking. The CITY agrees to allow LICENSEE the non-exclusive use of forty (40) garage parking spaces in the Federspiel Parking Garage and in the area as depicted on Exhibit “A”. The
parking spaces are to be used for valet parking by LICENSEE daily between the hours of 6:00 p.m. to 2:00 a.m. Monday through Sunday, seven (7) days per week. The gate for the garage
shall be closed at 2:00 a.m., after which no cars shall be allowed to enter or exit the garage until opened the following morning at 6:00 a.m. The City Manager or his/her designee(s),
shall enforce the provisions of this agreement, including the location, time, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required
by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. The CITY shall not be responsible for any vehicles that are parked in the garage
spaces at any time. 3. Waivers. CITY agrees to waive paragraphs 3 and 14 of LICENSEE’S Parking License Agreement attached as Exhibit “B” to the extent that the CITY is hereby allowing
2 LICENSEE to utilize the public parking spaces referenced herein. The CITY reserves the right to enforce those provisions, however, if LICENSEE uses more than the allowed spaces as
set forth in this Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY forty dollars ($40.00) per month, per parking space by the 5th of each month. A late
fee of 5% will be charged after this date. 5. Signage. The CITY may, in its sole discretion, provide dashboard passes for LICENSEE’S valet to place inside the vehicles parked in the
garage parking spaces. If such passes are provided by the CITY, LICENSEE forfeits the use any spaces due to lost or misplaced passes. LICENSEE is responsible to notify the City of any
pass(es) lost or misplaced. LICENSEE or their agent may not, under any circumstances, create replacement passes. Misplaced passes will be replaced by the CITY on the following business
day, after notification. 6. Term and Renewal. This Agreement shall automatically renew, for accounts in good standing, on March 31st each year if the City Manager determines, in his
sole discretion, that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this agreement upon renewal, including but not limited to, the
requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. Accounts in arrears or unable to provide valid insurance at the time of renewal
may be suspended without further notice until required payment or information is received. 7. Revocable License. This Agreement is only a non-exclusive License Agreement and may be revoked
by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective
3 business days after the date mailed. Agreement expires immediately upon cancellation of the Valet Parking License Agreement currently held by Prime Steakhouse or its successor(s) as
LICENSEE of the valet queue. 8.. Compliance with Laws. LICENSEE and his/her employees, agents, representatives and/or subcontractors agree to comply and adhere to all state laws and
local ordinances regarding traffic and parking that exist or as amended from time to time. . 9. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the
following addresses: To CITY: David T. Harden, City Manager
3 100 N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: Mr. Alex Ramirez Global Parking Solutions ________________________ ________________________ 10. Indemnification. LICENSEE
shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Agreement
for any personal injury, loss of life and/or damage to property sustained as a result of the use and occupancy of the parking spaces by LICENSEE, its agents, employees, licensees, invitees,
and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses
and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any
third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation,
and any appeals thereof. 11. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon
any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over
or against any party to this Agreement. 12. Clean-up. LICENSEE shall remove and pick up any litter, garbage or other material that may be deposited in the garage facility as a result
of LICENSEE’S activities. 13. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which may be withheld, in the CITY’S sole
discretion. 14. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be
4 convenient or necessary to more effectively and completely carry out the intent of this Agreement. 15. Binding Effect. All of the terms and provisions of this Agreement shall be binding
upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 16. Entire Agreement. This
Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such
matters are merged into this Agreement, which alone fully and completely expresses their understanding. 17. Amendments. This Agreement may not be amended, modified, altered, or changed
in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 18. Insurance. LICENSEE shall provide insurance as set forth on Exhibit “C”. IN
WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this _____ day of __________, 2011. THE CITY OF DELRAY BEACH, ATTEST: ______________________________
_ By:_______________________________ City Clerk Nelson S. McDuffie, Mayor Approved as to form: ________________________________ City Attorney Global Parking Solutions By:_____________________________
_ _______________________________ STATE OF ________________ COUNTY OF ______________ The foregoing instrument was acknowledged before me this _____ day of ___________, 2011, by ______________________
______, as _________________________ (name of officer or agent, title of officer or agent), of _________________________________ (name of corporation acknowledging), a ________________________(state
or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced _______________________ (type of identification) as identification.
__________________________________________ Notary Public – State of Florida
EXHIBIT A
EXHIBIT B PARKING LICENSE AGREEMENT THIS AGREEMENT (“The Agreement”) is made this ___ day of __________, 201_, by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation
(the “CITY”), and ____________________________________, a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking
spaces along Atlantic Avenue and certain side streets for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this nonexclusive
License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above
recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parking Queues. The CITY agrees to allow LICENSEE the nonexclusive use of ____ (#) parking spaces
located __________________________________ for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of _____ p.m. to _____ a.m. on
________________________(___#___ days per week). LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined
in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may from
time to time be relocated by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of
the Valet Queues to only persons using the LICENSEE’S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or
his designee(s), shall enforce the provisions of this agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all
applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law.
EXHIBIT B 3. Parking Locations/Agreements. LICENSEE agrees that LICENSEE and/or its employees will not park any cars in CITY owned on-street or off-street parking spaces. LICENSEE further
agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement(s) for use of a private parking lot(s). The private lot(s) must also comply with minimum
City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit
A. LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking
lot. These assurances and agreements must be provided upon execution of this License Agreement when there is a change in any agreement referred to herein or upon the request of the CITY.
Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY ___________________
dollars ($__.00) per month, per parking queue space utilized by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued
for the queues, the fee will be shared proportionately. 5. Maximum Fee Permitted. At no time shall valet parking fees exceed ten dollars, ($10.00). An extended stay fee in the amount
of $5.00 may be assessed to vehicles parked in excess of four (4) hours, west of the intracoastal waterway and in excess of two (2) hours east of intracoastal waterway. Valet prices
must be prominently displayed on valet stand and signage. The base fee for validated customers shall be 50 % of the prevailing rate, not to exceed five dollars, ($5.00). Extended stay
fees are excluded from validation discounts. 6. Validation Programs. Valets shall provide validation programs with neighboring businesses in one of or combination of the following: a)
Donation of Spaces: A neighboring business contracts the use of parking spaces, in reasonable proximity of the valet queue, for use by the valet. Insurance costs for the spaces provided
shall be the responsibility of the entity providing same. b) Financial Donation: Neighboring businesses contribute towards the total expense of the City owned valet queue spaces and
private parking lot(s), registered with the City in accordance with the license agreement, in exchange for validation of customer’s vehicles. In no case shall a contribution exceed the
cost of equal expense among all parties contributing to the queue (i.e. License holder plus one neighboring business equals a
EXHIBIT B contribution no greater than 50 %. License holder plus two neighboring businesses, contribution equals no greater that 33% each) c) Coupon Program: License holder shall offer
the sale of coupons to neighboring businesses wishing to provide validated parking to customers. 7. Signage. The CITY agrees to post the valet parking queue spaces with valet parking
times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City's Manager or his designee.
7 a). Pricing Display: All displayed pricing must be no less than three inches (3”) in height in the same font, color and consistency of associated lettering. 8. Valet Service; Valet
Equipment. The LICENSEE'S operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service
so long as the desk does not impede the pedestrian flow. 9. Term and Renewal. This Agreement shall automatically renew, for accounts in good standing, on March 31st each year if the
City Manager determines, in his sole discretion, that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this agreement upon renewal,
including but not limited to, the requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. Accounts in arrears or unable to provide valid
lease(s) and insurance at the time of renewal may be suspended without further notice until required payment or information is received. 10. Revocable License. This Agreement is only
a nonexclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S.
Mail to LICENSEE. The revocation shall be effective when mailed. LICENSEE may cancel the agreement by providing written notice of cancellation no less than 30 days prior to cancellation.
11. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking that exist or as amended from time to time. LICENSEE further acknowledges
that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 11 a) ADA Compliant Parking: LICENSEE acknowledges that handicapped parking spaces,
in leased parking lots, are subject to statutory regulation and may only be used for the parking of vehicles with valid ADA compliant license plate or hanging placard issued by any
EXHIBIT B state. Direct access must be provided for vehicles unable to be operated by valet attendants, or customer needing a safe area to unload passengers with disabilities. Regular
valet parking fees apply. 12. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100
N.W. 1st Avenue Delray Beach, Florida 33444 To LICENSEE: ________________________ _________________________ _________________________ _________________________ 13. Insurance. LICENSEE
agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A which shall at all times remain current. The City of Delray
Beach shall be named an additional insured. 14. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect,
defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal
injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE,
its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and
against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the CITY shall be made a party to any litigation commenced
against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred
by the CITY in connection with such litigation, and any appeals thereof. 15. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or
remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor
is anything in this Agreement intended to relieve or
EXHIBIT B discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or
action over or against any party to this Agreement. 16. Penalties for Violations/Termination. Penalties will be imposed upon the LICENSEE for: (1) Valet parking of cars in either onstreet
or offstreet public parking spaces; and/or (2) Valet parking of cars in the designated parking queues; and/or (3) Expanding the designated parking queues area. The penalty schedule for
the above violations is as follows: 1st violation – warning 2nd violation -$200 3rd violation -$500 4th violation -Termination of License Agreement Notices of violation will be written
by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will
result in termination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this nonexclusive License Agreement without cause or
for cause. LICENSEE will at all times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion
of the City. 17. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes,
property taxes, and sales taxes that may be imposed. 18. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY
may withhold grants in its sole discretion. 19. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all
matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 20. Binding Effect. All of the terms and provisions
of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted
assigns. 21. Entire Agreement. This Agreement shall constitute the entire agreement of the parties
EXHIBIT B with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone
fully and completely expresses their understanding.
EXHIBIT B 22. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties
hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this _____ day of __________, 201_. THE CITY OF DELRAY BEACH, ATTEST: a
Florida Municipal Corporation _______________________________ By:_______________________________ City Clerk Nelson S. McDuffie Approved as to form: _______________________________ City
Attorney LICENSEE By:______________________________ (CORPORATE SEAL) Name Printed:_____________________ Title:_____________________________ STATE OF ________________ COUNTY OF ______________
The foregoing instrument was acknowledged before me this _____ day of ___________, 201_, by ____________________________, as _________________________ (name of officer or agent, title
of officer or agent), of _________________________________ (name of corporation acknowledging), a ________________________(state or place of incorporation) corporation, on behalf of
the corporation. He/She is personally known to me or has produced _______________________ (type of identification) as identification. _____________________________ Signature of Notary
Public – State of Florida
EXHIBIT B EXHIBIT A INSURANCE REQUIREMENTS FORM 1 Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least
$100,000/$500,000/$100,000. 2 Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including
death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations
including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3 Garage Keepers Insurance with limits of no less than $60,000 per
auto, with an annual aggregate of $500,000. 4 Automobile Liability of at least $300,000 combined single limits per occurrence for owned/nonowned/hired automobiles connected with the
business. 5 The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate. 6 Thirty (30) days
written cancellation notice required. 7 Best's guide rating B+, VIII or better, latest edition.
5 EXHIBIT C INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$100,000/$
500,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage
to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including
auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with
an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business.
5. The City of Delray Beach must be named as additional insured on the liability policies; and it must be stated on the certificate and endorsed on insurance policies. 6. Thirty (30)
days written cancellation notice required. 7. Best's guide rating A-, VII or better, latest edition.
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 27, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 APPOINTMENT
TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Board of Adjustment. BACKGROUND There is a vacancy on the Board of
Adjustment due to alternate member, Ms. Dale Miller, being appointed for regular membership. An appointment is needed for one (1) alternate member. The Board of Adjustment shall consist
of five (5) regular members. In addition, there shall be two (2) alternate members. To qualify for appointment, a person shall be either a resident of or own property in the City, and/or
own a business within the City. The following individual has submitted an application and would like to be considered for appointment: Brenda Cullinan Kenneth Nordt A check for code
violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will
be made by Commissioner Alperin (Seat #2) for one (1) alternate member to serve an unexpired term ending August 31, 2013. RECOMMENDATION Recommend appointment of one (1) alternate member
to serve on the Board of Adjustment for an unexpired term ending August 31, 2013.
BOARD OF ADJUSTMENT 09/11 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/13 Appt 08/16/11 Harvey Starin Real Estate Broker 08/31/2012 Appt 08/19/09 alt Unexp Appt 02/16/2010 reg Reappt
09/07/10 Mel Pollack Retired-Security 08/31/2012 Appt 08/16/11 alt Unexp Appt 09/20/11 Dale Miller Interior Desginer 08/31/2012 Unexp Appt 05/17/11 Allen Kilik Retired-CEO 08/31/2013
Unexp Appt 06/07/11 Appt 08/16/11 reg Michael Park Attorney ALTERNATES 08/31/13 Unexp Appt Vacant 08/31/2013 Unexp Appt 05/25/10 alt Appt 08/16/11 reg Isabelle Alarie Principal-Landscape
Architect Contact: Venice Cobb x-7056 Send Agenda to: Al Berg, Donna Quinlan & Brian Shutt Fax final Board Order to Chairperson for signature. S/City Clerk/Board 11/Board of Adjustment
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 27, 2011 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 APPOINTMENTS
TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Delray Beach Housing Authority. BACKGROUND The term for regular
member, Ms. Christel Silver, will expire on October 27, 2011. Ms. Silver will have served one (1) full term, is eligible and would like to be considered for reappointment. Secondly,
Mr. Shelly Weil resigned effective August 9, 2011 creating a vacancy. Appointments are needed for two (2) regular members. Per Florida Statute, Chapter 421, an appointee may not be an
officer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations
and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. According to Florida Statutes, members are appointed by the
Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according
to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner
Gray (Seat #4) for one (1) regular member to serve an unexpired term ending July 14, 2014, and Mayor McDuffie (Seat #5) for one (1) regular member to serve a four (4) year term ending
October 27, 2015. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Delray Beach Housing Authority for an unexpired term ending July 14, 2014, and one (1)
regular member to serve a four (4) year term ending October 27, 2015.
DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 310B Delray Beach, FL 33445 08/11 TERM EXPIRES REGULAR MEMBERS 07/14/2012 Unexpired Appt 10/21/08 Joseph Hepp,
Chair 07/14/2014 Unexp Appt Vacant 07/14/2014 Unexp Appt 07/10/07 Reappt 07/06/10 Sylvia Morris 07/14/2013 Appt 07/07/09 Shelly Petrolia 10/27/2011 Appt 11/6/07 Christel Silver, Vice
Chair 03/06/2014 Unexp Appt 10/05/10 Guarn Sims 07/14/2014 Unexp Appt 05/19/09 Reappt 07/06/10 Choli Aronson Director: Dorothy Ellington Contact: Jackie Fernandez 272-6766 X-18 jfernandez@dbha.org
Housing Authority Fax 278-4937 272-7352 S/City Clerk/Board 10/Delray Beach Housing
DELRAY BEACH HOUSING AUTHORITY EXHIBIT A Marcia Beam Joseph Bernadel Nayda Cottone-Ovadia (currently serving on the Nuisance Abatement Board) Edward Desmond Joe Farkas Philip Friedman
Pearl Markfield Elrod Dorothy Payne Christel Silver Incumbent Morris Weinman Alan Weitz
MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 28,
2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 ORDINANCE NO. 36-11/(FIRST READING/FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION The action requested of
the City Commission is consideration of a privately initiated text amendment to LDR (Land Development Regulation) Section 4.4.9(B)(4)(a)[General Commercial – Principal Uses] and Section
4.4.13(B)(3)(a)[Central Business District – Principal Uses] to clarify that bicycles witn an electric-helper motor are the only motorized equipment permitted in the “Rental of Sporting
Goods Equipment” use category. BACKGROUND The proposed text amendment is related to the establishment of The Electric Experience at 1047 East Atlantic Avenue. This business wants to
rent bicycles that have electric-helper motors to the general public at this site. The current rental of sporting goods and equipment category is limited to nonmotorized goods and equipment.
As the rental of motorized sporting goods is not currently allowed in the CBD or GC zoning districts, the applicant has submitted this privately-initiated LDR text amendment. It is noted
that the applicant has also submitted a conditional use application for Segway sales and tours at this site and a request that the City modify the Code of Ordinances definition of “bicycle”
to include the electric-helper motor versions of bicycles. REVIEW BY OTHERS The proposed text amendment was reviewed by the CRA (Community Redevelopment Agency) at its meeting of September
8, 2011 which recommended approval. The DDA (Downtown Development Authority) considered the proposed text amendment at its meeting of September 12, 2011 and recommended approval. At
its meeting of September 13, 2011, the WARC (West Atlantic Redevelopment Coalition) considered the proposed text amendment and recommended approval and expressed concerns with the use
of these devices on the public sidewalk. Planning and Zoning Board: The Planning and Zoning Board considered the proposed LDR text amendment at its meeting of
September 19, 2011 and recommended approval (6 to 1 vote, Mr. Jacquet dissenting). Mr. Jacquet indicated that the rental of motorized bicycles is not consistent with the vision of the
City. RECOMMENDATION By motion, approve the text amendment to clarify that “bicycles with an electric-helper motor” are the only motorized equipment permitted in the “rental of sporting
goods and equipment” use category in the GC [LDR Section 4.4.9(B)(4)(a)] and CBD [4.4.13(B)(3)(a)] zoning districts,by adopting the findings of fact and law contained in the Staff Report
and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5).
ORDINANCE NO. 36-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION
4.4.9 “GENERAL COMMERCIAL (GC) DISTRICT”, SUBSECTION 4.4.9(B), “PRINCIPAL USES AND STRUCTURES PERMITTED”; AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED"; TO CLARIFY THAT BICYCLES WITH AN ELECTRIC-HELPER MOTOR ARE THE ONLY MOTORIZED EQUIPMENT PERMITTED IN THE “RENTAL OF SPORTING GOODS AND EQUIPMENT”
USE CATEGORY WITHIN THE GC AND CBD ZONING DISTRICTS; 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 amendment at a public hearing held on September 19, 2011 and voted 6 to 1 to recommend that the changes be approved; and WHEREAS, pursuant
to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives
and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City
Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(B),
"Principal Uses and Structures Permitted," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (B) Principal
Uses and Structures Permitted: The following are allowed within the GC District as
2 ORD. NO. 36-11 permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(a). (1) General retail uses and/or facilities, including, but not limited
to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers,
pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings,
ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets
and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business,
Professional, and Medical uses including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and
publishing, business offices, professional offices, and medical offices. (3) Contractor's Offices, including but not limited to: (a) Air conditioning, general contractor, electrical,
painting, and plumbing; however, any outside storage of materials is prohibited. (4) Services and Facilities including, but not limited to: (a) Auctions, barber and beauty shops and
salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g. banks and similar institutions including
drivethrough facilities, laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist, vocational schools limited
to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but
not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric-helper motor as defined in section 72.02, Delray Beach Code of Ordinances, all rented
sporting goods must be non-motorized. (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities
e.g.
3 ORD. NO. 36-11 gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling
units and residential licensed service provider facilities in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor; commercial uses
on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential
uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Corners District which
may have a free standing residential building as part of a multi-building unified master plan or the residential component may be a part of a single mixed use building. The density of
the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). (6) Astrologists, clairvoyants, fortune tellers,
palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3). (7) Group Home, Type 1, pursuant
to restrictions set forth in Section 4.3.3(I). Section 3 . That Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(B), "Principal Uses and Structures Permitted," of
the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (B) Principal Uses and Structures Permitted: The following
types of use are allowed within the CBD District as a permitted use: (1) General retail uses and/or facilities, including, but not limited to: (a) Antiques, arts and crafts, automotive
parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies,
fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods,
luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and
supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business, Professional and Medical uses pursuant
to restrictions set forth in Section
4 ORD. NO. 36-11 4.4.13(H)(1) including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and
publishing, business, medical and professional offices. (3) Services and facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning
limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, laundromats limited to self-service facilities, pet grooming, restaurants excluding
drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling,
and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric-helper
motor as defined in section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be non-motorized. (b) Galleries, broadcast studios, butcher shops, cocktail lounges,
exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (c) Public open space plazas (4) Multi-family dwelling
units, including residential licensed service provider facilities, but excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood
or Beach District, where the maximum density is twelve (12) dwelling units per acre. (5) Hotels, motels, and residential-type inns except in the West Atlantic Neighborhood. (6) Assisted
Living Facilities, Nursing Homes, and Continuing Care Facilities, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where
the maximum density is twelve (12) dwelling units per acre. (7) Bed and Breakfast Inns, except in the West Atlantic Neighborhood, subject to the provisions of Section 4.3.3(Y). Section
4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
5 ORD. NO. 36-11 the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this
ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ___ day of ___________________
______, 2011. ____________________________________ ATTEST MAYOR ____________________________________ City Clerk First Reading_________________________ Second Reading_______________________
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 22, 2011 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 ORDINANCE
NO. 32-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70,
“Regular Charges Levied”, to provide for increased residential and commercial collection service rates for FY 2012. BACKGROUND Garbage, recycling, yard trash, bulk trash, and commercial
container fees are being adjusted as required by formulas in our franchise agreement with Waste Management. 1. Residential customers should see approximately a 7.7% increase in their
rates due to a 4.0% increase in the CPI and a change in the fuel surcharge credit from minus 6% to minus 2%. 2. Commercial collection rates were also adjusted by the CPI, fuel surcharge,
and the disposal rate increase imposed by the Solid Waste Authority. All rate changes have been reviewed and approved by Waste Management in accordance with ourcontract. These rates
go into effect October 5, 2011. At the first reading on September 20, 2011, the Commission passed Ordinance No. 32-11. RECOMMENDATION Recommend approval of Ordinance No. 32-11 on second
and final reading.
ORDINANCE NO. 32-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2012; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges
Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or
fees are levied for collection service, unless the City has approved a different type of service and then each unit/development shall be billed in accordance with the type of service
that it is receiving: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued by the City for any residential
or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Section 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes,
Quadplexes and Mobile Homes): Curbside Roll-Out Carts Monthly Service Cost Per Unit Garbage Collection $5.80 $6.30 Recycling $2.36 $2.56
ORD. 2 NO. 32-11 Yard Trash $2.36 $2.56 Total Fees--Contractor $10.52 $11.42 Cart Replacement .90 Administrative Fee .35 Franchise Fee (10%) $1.05 $1.14 Less C & D Credit -0.20 Total
Fees $12.62 $13.61 Rear-Door Owner Container Monthly Service Cost Per Unit Garbage Collection $15.27 $16.57 Recycling $2.36 $2.56 Yard Trash $2.36 $2.56 Total Fees--Contractor $19.99
$21.69 Administrative Fee 0.35 Franchise Fee (10%) 2.00 $2.17 Less C & D Credit -0.20 Total Fees $22.14 $24.01 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly
Service Cost Per Unit
ORD. 3 NO. 32-11 Garbage/Trash Collection $3.92 $4.26 Recycling $2.36 $2.56 Yard Trash $2.36 $2.56 Total Fees--Contractor $8.64 $9.38 Administrative Fee 0.35 Franchise Fee (10%) 0.86
$0.94 Less C & D Credit -0.20 Total Fees $9.85 $10.47 (B) Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical
means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall be based on a per-unit
charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third and all subsequent collections
shall be charged by the Contractor at the commercial collection rate only. If using roll out carts located within enclosures for multi-family collection service, in addition to the monthly
total fee (based on the number of units) paid to the City, the Contractor is permitted to charge a roll-out rate that shall be the same as rollout cart service for commercial customers
listed in Exhibit 1, Special Services, of the franchise agreement. If the Contractor furnishes the roll-out carts, as approved by the City, then a monthly fee of $1.00 per cart may be
charged by the Contractor directly to the customer. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $2.93 $3.18 Recycling 2.36 $2.56
ORD. 4 NO. 32-11 Total Per-Unit Fee--Contractor $5.29 $5.74 Administrative Fee 0.35 Franchise Fee (10%) 0.53 $0.57 Less C & D Credit -0.10 Total Monthly Fees Per Unit $6.07 $6.56 (C)
Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family
customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout Carts. The City shall require any commercial customer needing more than
six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical Containers. (2) The owners/operators of commercial establishments and other commercial customers shall
accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor.
(3) Mechanical containers emptied by mechanical means shall be provided by the contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the
City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this
type of service by the City in advance because they lack a suitable location for a mechanical container, shall be serviced at least once per week. All garbage and commercial trash shall
be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule:
ORD. 5 NO. 32-11 Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) 1 2 3 4 5 6 7 2 Yard Collection 41.02 44.43 82.04 88.85 123.06 133.28 164.08 177.70 205.10
222.13 246.12 266.55 287.14 310.98 Disposal 24.35 48.71 73.06 97.41 121.77 146.12 170.47 Container Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Total Contractor Fees 84.77
88.18 150.15 156.96 215.52 225.74 280.89 294.51 346.27 363.30 411.64 432.07 477.01 500.85 Franchise Fee (10%) 8.48 8.82 15.02 15.70 21.55 22.57 28.09 29.45 34.63 36.33 41.16 43.21 47.70
50.09 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fees 93.60 97.35 165.52 173.01 237.42 248.66 309.33 324.31 381.25 399.98 453.15 475.63 525.06 551.29 3 Yard Collection 61.53
66.64 123.06 133.28 184.59 199.92 246.12 266.56 307.65 333.20 369.18 399.84 430.71 466.48 Disposal 36.53 73.06 109.59 146.12 182.65 219.18 255.71 Container Maintenance Fee 21.44 21.44
21.44 21.44 21.44 21.44 21.44 Total Contractor Fees 119.50 124.61 217.56 227.78 315.62 330.95 413.68 434.12 511.74 537.29 609.80 640.46 707.86 743.63 Franchise Fee (10%) 11.95 12.46
21.76 22.78 31.56 33.10 41.37 43.41 51.17 53.73 60.98 64.05 70.79 74.36 Administrative .35 .35 .35 .35 .35 .35 .35
ORD. 6 NO. 32-11 Fee Total Fees 131.80 137.42 239.67 250.91 347.53 364.40 455.40 477.88 563.26 591.37 671.13 704.86 779.00 818.34 4 Yard Collection 82.03 88.85 164.06 177.70 246.09 266.55
328.12 355.40 410.15 444.25 492.18 533.10 574.21 621.95 Disposal 48.71 97.41 146.12 194.83 243.53 292.24 340.95 Container Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Total
Contractor Fees 152.95 159.77 283.68 297.32 414.42 434.88 545.16 572.44 675.89 709.99 806.63 847.55 937.37 985.11 Franchise Fees (10%) 15.30 15.98 28.37 29.73 41.44 43.49 54.52 57.24
67.59 71.00 80.66 84.76 93.74 98.51 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fees 168.60 176.10 312.40 327.40 456.21 478.72 600.03 630.03 743.83 781.34 887.64 932.66 1031.46
1083.97 6 Yard Collection 123.05 133.28 246.10 266.56 369.15 399.84 492.20 533.12 615.25 666.40 738.30 799.68 861.35 932.96 Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Container
Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53 25.53 Total Contractor Fees 221.64 231.87 417.75 438.21 613.86 644.55 809.97 850.89 1006.08 1057.23 1202.19 1263.57 1398.30 1469.91
Franchise Fee (10%) 22.16 23.19 41.78 43.82 61.39 64.46 81.00 85.09 100.61 105.72 120.22 126.36 139.83 146.99 Administrative .35 .35 .35 .35 .35 .35 .35
ORD. 7 NO. 32-11 Fee Total Fees 244.15 255.41 459.88 482.38 675.60 709.36 891.32 936.33 1107.04 1163.30 1322.76 1390.28 1538.48 1617.25 8 Yard Collection 164.07 177.70 328.14 355.40
492.21 533.10 656.28 710.80 820.35 888.50 984.42 1066.20 1148.49 1243.90 Disposal 97.41 194.83 292.24 389.65 487.07 584.48 681.89 Container Maintenance Fee 27.09 27.09 27.09 27.09 27.09
27.09 27.09 Total Contractor Fees 288.57 302.20 550.08 577.32 811.54 852.43 1073.02 1127.54 1334.51 1402.66 1595.99 1677.77 1857.47 1952.88 Franchise Fee (10%) 28.86 30.22 55.01 57.73
81.15 85.24 107.30 112.75 133.45 140.27 159.60 167.78 185.75 195.29 Administrative Fee .35 .35 .35. .35 .35 .35 .35 Total Fees 317.78 332.77 605.42 635.40 893.04 938.02 1180.67 1240.64
1468.31 1543.28 1755.94 1845.90 2043.57 2148.52 Commercial Front-Load Compacting Containers Container Size Pickup Frequency (Per Week) 1 2 3 4 5 6 7 2 Yard Collection 52.94 55.51 105.88
111.02 158.82 166.53 211.76 222.04 264.70 277.55 317.64 333.06 370.58 388.57 Disposal 61.10 73.06 122.20 146.12 183.30 219.18 244.40 292.24 305.50 365.30 366.60 438.36 427.70 511.42
Total Contractor Fee 114.04 128.57 228.08 257.14 342.12 385.71 456.16 514.28 570.20 642.85 684.24 771.42 798.28 899.99 Franchise Fee (10%) 11.40 12.86 22.81 25.71 34.21 38.57 45.62 51.43
57.02 64.29 68.42 77.14 79.83 90.00 Administrative .35 .35 .35 .35 .35 .35 .35
ORD. 8 NO. 32-11 Fee Total Fee 125.79 141.78 251.24 283.20 376.68 424.63 502.13 566.06 627.57 707.49 753.01 848.91 878.46 990.34 3 Yard Collection 79.42 83.27 158.84 166.54 238.26 249.81
317.68 333.08 397.10 416.35 467.52 499.62 555.94 582.89 Disposal 91.65 109.59 183.30 219.18 274.95 328.77 366.60 438.36 458.25 547.95 549.90 657.54 641.55 767.13 Total Contractor Fee
171.07 192.86 342.14 385.72 513.21 578.58 684.28 771.44 855.35 964.30 1026.42 1157.16 1197.49 1350.02 Franchise Fee (10%) 17.11 19.29 34.21 38.57 51.32 57.86 68.43 77.14 85.54 96.43
102.64 115.72 119.75 135.00 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 188.53 212.50 376.70 424.64 564.88 636.79 753.06 848.93 941.24 1061.08 1129.41 1273.23 1317.59 1485.37
4 Yard Collection 105.89 111.02 211.78 222.04 317.67 333.06 423.56 444.08 529.45 555.10 635.34 666.12 741.23 777.14 Disposal 122.20 146.12 244.40 292.24 366.60 438.36 488.80 584.48 611.00
730.60 733.20 876.72 855.40 1022.84 Total Contractor Fee 228.09 257.14 456.18 514.28 684.27 771.42 912.36 1028.56 1140.45 1285.70 1368.54 1542.84 1596.63 1799.98 Franchise Fee (10%)
22.81 25.71 45.62 51.43 68.43 77.14 91.24 102.86 114.05 128.57 136.85 154.28 159.66 180.00 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 251.25 283.20 502.15 566.06 753.05
848.91 1003.95 1131.77 1254.85 1414.62 1505.74 1697.47 1756.64 1980.33 6 Yard Collection 158.83 166.53 317.66 333.06 476.49 499.59 635.32 666.12 794.15 832.65 952.98 999.18 1111.81 1165.71
Disposal 183.30 219.18 366.60 438.36 549.90 657.54 733.20 876.72 916.50 1095.90 1099.80 1315.08 1283.10 1534.26 Total Contractor Fee 342.13 385.71 684.26 771.42 1026.39 1157.13 1368.52
1542.84 1710.65 1928.55 2052.78 2314.26 2394.91 2699.97 Franchise Fee (10%) 34.21 38.57 68.43 77.14 102.64 115.71 136.85 154.28 171.07 192.86 205.28 231.43 239.49 270.00 Administrative
.35 .35 .35 .35 .35 .35 .35
ORD. 9 NO. 32-11 Fee Total Fee 376.69 424.63 753.04 848.91 1129.38 1273.19 1505.72 1697.47 1882.07 2121.76 2258.41 2546.04 2634.75 2970.32 8 Yard Collection 211.78 222.04 423.56 444.08
635.34 666.12 847.12 888.16 1058.90 1110.20 1270.68 1332.24 1482.46 1554.28 Disposal 244.40 292.24 488.80 584.48 733.20 876.72 977.60 1168.96 1222.00 1461.20 1466.40 1753.44 1710.80
2045.68 Total Contractor Fee 456.18 514.28 912.36 1028.56 1368.54 1542.84 1824.72 2057.12 2280.90 2571.40 2737.08 3085.68 3193.26 3599.96 Franchise Fee (10%) 45.62 51.43 91.24 102.86
136.85 154.28 182.47 205.71 228.09 257.14 273.71 308.57 319.33 360.00 Administrative Fee .35 .35 .35 .35 .35 .35 .35 Total Fee 502.15 566.06 1003.95 1131.77 1505.74 1697.47 2007.54 2263.18
2509.34 2828.89 3011.14 3394.60 3512.94 3960.31 Commercial/Multi-Family Rolloff Containers: Commercial/Multi-Family Permanent Roll-Off Containers: Permanent open-top roll-off container:
Two hundred twelve dollars and seventy-nine cents $212.79 Two hundred thirty dollars and twenty-eight cents $230.28 (Includes franchise fee for haul excludes disposal and franchise fee
on disposal) per pickup plus disposal cost and franchise fee Compactors: Two hundred twelve dollars and seventy-nine cents $212.79 Two hundred thirty dollars and twenty-eight cents $230.28
(Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee PLUS monthly container maintenance fee 15 Yard $250.00
20 Yard $295.00 30 Yard $345.00 40 Yard $395.00
ORD. 10 NO. 32-11 Excludes commercial recycling containers and construction/demolition debris. Commercial 95-Gallon Cart Service (Does not apply to residential service) Pickups Per Week
1 2 3 4 5 6 Collection 23.65 25.59 47.30 51.18 70.95 76.77 94.60 102.36 118.25 127.95 141.90 153.54 Disposal 6.08 12.16 18.24 24.32 30.40 36.48 Container Maintenance Fee 2.00 2.00 2.00
2.00 2.00 2.00 Total Contractor Fees 31.73 33.67 61.46 65.34 91.19 97.01 120.92 128.68 150.65 160.35 180.38 192.02 Franchise Fee (10%) 3.17 3.37 6.15 6.53 9.12 9.70 12.09 12.87 15.07
16.04 18.04 19.20 Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35 Total Fees 35.25 37.39 67.96 72.22 100.66 107.06 133.36 141.90 166.07 176.74 198.77 211.57 NOTE: The foregoing rates
are based on forty-two dollars ($42.00) per ton per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1, 2011. NOTE: Government buildings
shall be charged the regular commercial customer rate, but shall not be charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA.
ORD. 11 NO. 32-11 Sidewalk Containers Waste Management currently picks up individual thirty-gallon cans along Atlantic Avenue, the beach area, and Pineapple Grove. Out of a total of
one hundred four (104) containers, eighty-four (84) do not have property control numbers and, therefore, the City is not charged for disposal costs by the Solid Waste Authority. Waste
Management, by contract, does not charge the City for collection costs but should be paid for their disposal costs. Since the Solid Waste Authority does not reimburse Waste Management
for these disposal costs, it should be the responsibility of the City to reimburse them. The City will be billed eleven thousand forty-six dollars and sixty-seven cents ($11,046.67)
annually or $920.56 monthly in arrears which will be computed as follows: Eighty-four (84) thirty-gallon containers picked up six (6) times per week Forty-two dollars ($42.00) per ton
disposal rate charge by SWA = Two dollars eighty-one cents ($2.81) per cubic yard Thirty-gallon container = .15 cubic yards Eighty-four (84) containers × .15 cubic yards × six (6) pickups
per week × fifty-two (52) weeks × two dollars eighty-one cents ($2.81)= eleven thousand forty-six dollars and sixty-seven cents ($11,046.67) Waste Management will be picking up trash
at the newly installed bus shelters. The City will be billed thirty-six thousand nine hundred seventy-seven dollars and seventy-two cents ($36,977.72) annually or $3081.48 per month
in arrears forty thousand eight dollars and twenty eight cents ($40,008.28) annually or $3334.02 per month in arrears which will be computed as follows: $15.13 Rate per pick up X 47
Bus Shelters X 1 Service Per week X 52 Weeks per Year= $36,977.72 Thirty-six thousand nine hundred seventy-seven dollars and seventy-two cents. $16.37 Rate per pick up X 47 Bus Shelters
X 1 Service Per week X 52 Weeks per Year= $40,008.28 forty thousand eight dollars and twenty eight cents. The Contractor shall be allowed to charge the Special Services rates, as set
forth in Exhibit 1 of the Franchise Agreement, if the Contractor performs any of the services listed on the special services exhibit. The City’s franchise fee shall be applied to these
rates. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.
ORD. 12 NO. 32-11 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance
shall become effective on October 5, 2011. PASSED AND ADOPTED in regular session on second and final reading on this 4th day of October, 2011. ______________________________ M A Y O
R ATTEST: __________________________________ City Clerk First Reading _______________________ Second Reading _____________________
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 2, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011 ORDINANCE
NO. 32-11 ITEM BEFORE COMMISSION This ordinance is before Commission for first reading to amend Chapter 51 “Garbage and Trash” of the Code of Ordinances by modifying Section 51.70, “Regular
Charges Levied” to provide for increased residential and commerical collection service rates for FY 2012. BACKGROUND Garbage, recycling, yard trash, bulk trash, and commercial container
fees are being amended. 1. Residential customers should see approximately a 7.7% increase in their rates due to a 4.0% increase in the CPI and a change in the fuel surcharge credit from
minus 6% to minus 2%. 2. Commercial rates were also adjusted by the CPI, fuel surcharge, and the disposal rate increase imposed by the Solid Waste Authority. All rate changes have been
reviewed and approved by Waste Management in accordance with our contract. These rates go into effect October 5, 2011. RECOMMENDATION Recommend approval of Ordinance No. 32-11 on first
reading. If passed, a public hearing will be scheduled for October 4, 2011. Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4867&MeetingID=330 9/22/2011
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 22, 2011 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 ORDINANCE
NO. 34-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to approve an increase of the parking meter fees from $1.25 to $1.50 per hour in all metered parking
spaces, an increase to the cost of the annual beach parking permit from $80.00 to $90.00 per year, and creation of a new permit classification of Senior Beach Parking Permit at a cost
of $95.00 per year. BACKGROUND At the first reading on September 20, 2011, the Commission passed Ordinance No. 34-11. RECOMMENDATION Recommend approval of Ordinance No. 34-11 on second
and final reading.
ORDINANCE NO. 34-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, “PARKING REGULATIONS” OF THE CODE OF ORDINANCES BY AMENDING SECTION
71.058, "COST OF PARKING OR STANDING VEHICLES IN CERTAIN METERED SPACES", TO PROVIDE FOR A PER HOUR METER FEE TO BE CHARGED AND LISTING THE PARKING LOTS AFFECTED; AND BY AMENDING SECTION
71.060, “PARKING METER PERMITS”, TO ESTABLISH A SENIOR BEACH PERMIT PROGRAM AND COSTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City
Commission of the City of Delray Beach, Florida, desires to allow for an increase in parking fees; and WHEREAS, the City Commission further desires to establish a Senior Beach Permit
Program in the parallel spaces on Ocean Boulevard (SR A1A) without paying for meters. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 71, “Parking Regulations”, of the Code of Ordinances of the City of Delray Beach, Florida, is amended by amending Subsection 71.058, “Cost of Parking or Standing
Vehicles in Certain Metered Spaces”, to read as follows: Sec. 71.058. COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES. (A) The cost of parking or standing a vehicle in
a parking meter space located in the Orange Grove (Marriott Hotel North) parking lot, the Ingraham Avenue parking lot, the Gleason parking lot, and in the parking lots at Atlantic Dunes
Park, Anchor Park, and Sandoway Park, shall be One Dollar and fifty twenty-five cents ($1.50 1.25) per hour. The cost of parking or standing a vehicle in a parking meter space located
along State Road A-1-A and Atlantic Avenue, east of the Intracoastal Waterway (ICW), shall be One Dollar and fifty twenty-five cents ($1.50 1.25) per hour. (B) The only coins which the
meters accept are United States currency. Section 2. That Chapter 71, “Parking Regulations”, of the Code of Ordinances of the City of Delray Beach, Florida, is amended by amending Subsection
71.060, “Parking Meter Permits”, to read as follows: Sec. 71.060. PARKING METER PERMITS. (A) A "parking permit" may be purchased from the City by all persons which shall authorize the
parking of the vehicle for which the permit was acquired in any designated permit-only parking space and in any parking meter space located within Anchor Park, Sandoway Park, Orange
Grove Lot, Atlantic Dunes, and Ingraham Avenue parking lots without requiring the payment of money into the space's parking meter.
2 ORD. NO. 34-11 (B) The cost of a parking permit shall be eighty ninety dollars ($80.00 90.00) per year, plus applicable taxes. (C) A “senior beach permit” may be purchased from the
City by all persons aged 62 and over which shall authorize the parking of the vehicle in the parking areas designated for a “parking permit” and in addition shall authorize the parking
of the vehicle in any parallel parking space on Ocean Boulevard (State Road A-1-A) without requiring the payment of money into the space’s parking meter. (D) The cost of a senior beach
permit shall be ninety-five dollars ($95.00) per year, plus applicable taxes. (C)(E) Each permit shall cover the period from October 1 through September 30. There shall be no proration
of the permit fee. The application procedure and the form of the permit shall be determined by the City administration. It shall be illegal to deface a parking permit or to transfer
a parking permit from the vehicle for which it was acquired to any other vehicle. However, if the parking permit sticker and other sufficient proof is submitted to the City, and when
approved in advance by the City Manager or his designee, the parking permit sticker may be exchanged for a new sticker and the parking permit transferred to a substitute vehicle acquired
by the permit holder subsequent to the issuance of the original parking permit. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph,
sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance
shall become effective immediately upon passage on second and final reading, however enforcement shall occur at such time as a meter is reprogrammed or replaced to reflect the new rate.
PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2011. ______________________________________ ATTEST: M A Y O R ________________________
_______ City Clerk First Reading__________________ Second Reading________________
MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City
Manager DATE: September 14, 2011 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011 ORDINANCE NO. 34-11 ITEM BEFORE COMMISSION The item before the City Commission
is a first reading of Ordinance 34-11 providing for an increase to the parking meter fees from $1.25 to $1.50 per hour in all metered parking spaces, an increase to the cost of the annual
beach parking permit from $80 to $90 per year, and the creation of a new permit classification of Senior Beach Parking Permit at a cost of $95 per year. BACKGROUND Ordinance 46-09, adopted
September 22, 2009, increased parking meter fees from $1.00 to $1.25 per hour for parking in metered parking spaces on Atlantic Avenue, Ocean Boulevard, (SR A1A) and all parking lots.
Ordinance 49-08 adopted November 3, 2008 increased the cost of the Beach Parking Permit, identified in Section 71.060 of the City Code of Ordinances from $60 to $80 per year. During
the City Commission Workshop of August 30, 2011, the consensus was to increase parking meter fees from $1.25 to $1.50 per hour and Beach Parking Permits from $80 to $90 per year. In
addition to these increases, direction was provided to establish a new classification of Beach Permit for Senior Citizens; which, for an additional $5.00 ($95.00 plus tax per year) would
allow use of parallel spaces on Ocean Boulevard, (SR A1A), south of Mirimar St. and north of Atlantic Avenue available to persons age 62 and older at the time of purchase. Ordinance
34-11 is before you, and incorporates these changes in accordance with the direction provided. RECOMMENDATION By motion, approve on first reading Ordinance 34-11, increasing parking
meter fees to $1.50 per hour, increasing the standard Beach Parking Permit to $90 dollars plus tax, and creating a Senior Beach Permit for persons 62 years and older at time of purchase,
to utilize parallel parking spaces in Ocean Boulevard, (SR A1A) for $95 plus tax, per year. Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4926&MeetingID=330
9/22/2011
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 22, 2011 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 ORDINANCE
NO. 35-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to approve amending Chapter 92, "Boats and Boating", by amending Section 92.15, "Docking License
for Excursion Boat Operations", Subsection (E), "Short-Term Agreement", to modify the permit fee; and by amending subsection (G), "Use of Docks at Veterans Park", to increase the mooring
time for excursion boats at Veterans Park. BACKGROUND At the first reading on September 20, 2011, the Commission passed Ordinance No. 35-11. RECOMMENDATION Recommend approval of Ordinance
No. 35-11 on second and final reading.
ORDINANCE NO. 35-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING SECTION 92.15, "DOCKING LICENSE FOR
EXCURSION BOAT OPERATIONS", SUBSECTION (E) “SHORT-TERM AGREEMENT”, TO MODIFY THE PERMIT FEE; AND BY AMENDING SUBSECTION (G) “USE OF DOCKS AT VETERANS PARK”, TO INCREASE THE MOORING TIME;
PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to modify the rate structure for permit fees
and to increase the mooring time for excursion boats at Veterans Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter
92, "Boats and Boating", Section 92.15, "Docking License for Excursion Boat Operations", subsection (E), [Short-Term Agreement] is hereby amended to read as follows: Section 92.15 DOCKING
LICENSE FOR EXCURSION BOAT OPERATIONS (E) [Short-Term Agreement] Upon approval of the license application by the Director of Parks and Recreation, the person or firm shall enter into
a short-term license agreement with the City. After execution of the license agreement, the person or firm may obtain a permit to operate the excursion boat. The fee for each permit
is two hundred fifty-dollars ($250.00) three hundred dollars ($300.00) and authorizes the operation of the excursion boat from Veteran’s Park for a period of one day during the hours
of 9:00 a.m. to 10:00 p.m. 8:00 a.m. to 11:00 p.m. Section 2. That Chapter 92, "Boats and Boating", heading, "General Provisions", Section 92.15, "Docking License for Excursion Boat
Operations", subsection (G), “[Use of Docks at Veterans Park]” is hereby amended to read as follows: Section 92.15 DOCKING LICENSE FOR EXCURSION BOAT OPERATIONS (G) [Use of Docks at
Veterans Park.] The municipal docks at Veterans Park may be used by the excursion boat which has obtained a permit from the city. At the time the excursion boat is loading or
2 ORD. NO. 35-11 disembarking passengers, the captain of the boat shall remain within five (5) feet of the vessel. An excursion boat shall not moor to the docks for longer than thirty
(30) sixty (60) consecutive minutes. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby, repealed. Section 3. That should any section
or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 4. That this ordinance shall become effective upon adoption on second
and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ____ day of _________________, 2011. __________________________________________ ATTEST:
M A Y O R ________________________ City Clerk First Reading _____________ Second Reading ___________
MEMORANDUM TO: Mayor and City Commissioners FROM: Linda R. Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: September 16, 2011 SUBJECT: AGENDA ITEM
12.C. -REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011 ORDINANCE NO. 35-11 ITEM BEFORE COMMISSION The item before Commission is consideration of an ordinance amending Chapter 92, "Boats
and Boating", by amending Section 92.15, "Docking License for Excursion Boat Operations", Subsection (E) "Short-Term Agreement", to modify the permit fee; and by amending subsection
(G) "Use of Docks at Veterans Park", to increase the mooring time for excursion boats at Veterans Park. BACKGROUND This ordinance amendment is before Commission for approval to increase
permit fees from $250 to $300 per excursion and increase the operation hours from 9:00 a.m. -10 p.m. to 8:00 a.m. -11:00 p.m. for excursion boats at Veterans Park. The ordinance also
increases the mooring time for excursion boats from thirty (30) to sixty (60) consecutive minutes. This permit fee rate increase has not been changed in several years and is compatible
with other municipalities. The change in time is at the request of the excursion boat operators. RECOMMENDATION Staff recommends approval of Ordinance No. 35-11 on first reading. Coversheet
Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4939&MeetingID=330 9/22/2011
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 14, 2011 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 RESOLUTION
NO. 48-11/CRA/CONTRACT FOR SALE AND PURCHASE ITEM BEFORE COMMISSION Staff requests approval of Resolution 48-11 and the Purchase and Sale Agreement for 133 S.W. 12th Avenue. BACKGROUND
Resolution 48-11 adopts and includes the Contract for Sale and Purchase between the City and the CRA for the vacant property located at 133 S.W. 12th Avenue. This property will be used
to allow for better coordination and utilization of the Neighborhood Resource Center. The cost of this purchase is ten dollars ($10.00). This transaction has been advertised and is ready
for approval by the City Commission. RECOMMENDATION Staff recommends approval of Resolution 48-11.
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 26, 2011 SUBJECT: AGENDA ITEM 10.E1 -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA) ITEM BEFORE COMMISSION Staff requests approval of the Interlocal Agreement between the City and CRA regarding the property located at 133
S.W. 12th Avenue. BACKGROUND The Interlocal Agreement provides that the CRA will contribute a maximum amount of $67,815.00 to the City to assist in the cost of the design and construction
of a structure to accommodate expansion of the Neighborhood Resource Center. RECOMMENDATION Staff recommends approval of the Interlocal Agreement.
MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, Director of Planning and Zoning THROUGH: City Manager DATE: September 28, 2011 SUBJECT:
AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF OCTOBER 4, 2011 ORDINANCE NO. 39-11 ITEM BEFORE COMMISSION Consideration of a City initiated text amendment to the City Code of Ordinances
Section 72.02 to modify the City’s bicycle definition to conform with the State Statute’s bicycle definition. BACKGROUND The proposed definition change is one of several changes being
processed in connection with the establishment of The Electric Experience at 1047 East Atlantic Avenue. This business wants to rent bicycles, including those with electric-helper motors,
to the general public. The current rental of sporting goods and equipment category (which includes bicycles) in the Land Development Regulations is limited to non-motorized goods and
equipment. However, the current State of Florida definition of bicycles includes bicycles with electric helper motors. The proposed modification would make the City’s definition of bicycles
consistent with the State’s definition. In addition, LDR amendments being initiated by the applicant for The Electric Experience will clarify that bicycles with an electric helper motor
are the only motorized equipment permitted in the “Rental of Sporting Goods Equipment” use category. RECOMMENDATION By motion, approve the amendment to Code of Ordinance Section 72.02
(Bicycle Definition).
ORDINANCE NO. 39-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 72, “BICYCLES”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 72.02, “DEFINITION”, TO CONFORM WITH STATE STATUTE DEFINITION OF BICYCLE AND TO PLACE FURTHER LIMITATIONS ON MOTORIZED BICYCLES; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its Code of Ordinances to conform with the definition
of “bicycle” as set forth in Florida Statutes Section 316.003(2); and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to place further limitations on motorized
bicycles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 72, "Bicycles", Subsection 72.02, “Definition”,
of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: For the purpose of this Chapter the following definition shall apply
unless the context clearly indicates or requires a different meaning: Bicycle. Every vehicle propelled solely by human power, or any moped propelled by a pedal-activated helper motor
with a manufacturer's certified maximum rating of one and one-half brake horsepower, upon which any person may ride, having two (2) tandem wheels, and including any device generally
recognized as a bicycle though equipped with two (2) front or two (2) rear wheels. The term does not include such a vehicle with a seat height of no more than twenty-five (25) inches
from the ground when the seat is adjusted to its highest position, or to a scooter or similar device. Bicycle. Every vehicle propelled solely by human power, and every motorized bicycle
propelled by a combination of human power and an electric helper motor with an average power of no more than 750 watts (1 horsepower) and which is capable of propelling the vehicle at
a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though
equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest
position or a scooter, moped, or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.
2 ORD. NO. 39-11 Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances
or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED
AND ADOPTED in regular session on second and final reading on this the _____ day of ____________________, 2011. ____________________________________ M A Y O R ATTEST: _____________________________
City Clerk First Reading__________________ Second Reading________________
19
09/20/11
Mr. Carney stated he supports staff’s recommendation because the actual
use versus the perceived use of the tables and people occupying restaurants people do not
go in carpools to restaurants and typically a table of four has two cars. Therefore, Mr.
Carney stated when you add up the number of people going to a restaurant and the
number of car spaces used to occupy those four seats you are re ally talking two cars per a
table of four. Mr. Carney stated there is no accounting for the sidewalk cafes and 10-
15% of some of these restaurant tables are allocated to the si dewalk cafes to which there
has been no parking calculations imposed in the establishment of that outdoor seating and
although they pay a fee for it that is not anywhere near suffi cient to address the parking
ramifications are to the outdoor seating. Mr. Carney stated t he CRA, WARC, DDA, and
P&Z all support this. He stated by bringing it equal to whe re it is everybody else in the
city then this is fair because all the city is doing is crea ting an incentive for downtown
and almost creating a disincentive for any other place in the c ity. Lastly, Mr. Carney
stated the current restaurants are there and have their parking and are not impacted so if
they are boarded up it is because they are failing as res taurants not because of this
ordinance. Mr. Carney stated at worst it will slow down the conver sion of retail to
restaurants and at best will encourage development of restaurants in ar eas outside of here.
Dr. Alperin stated when strolling downtown through all the tables on the
sidewalk that part is not the most pleasant; however, the part t hat is pleasant about the
downtown is the retail and the galleries and he does not feel the City can lose any m ore of
that. He stated the biggest incentive for retail is to make it a little more difficult to
convert it so the rents will stay down or if there is enough vaca ncy the rents will actually
go down for retail space. Dr. Alperin stated this ordinance does not prohibit conversion
but it just makes it more incentivized to stay as retail. Dr . Alperin stated he supports the
ordinance.
Mayor McDuffie stated he supports an incentive for restaurant s to go up
Pineapple Grove and other places like that. Mayor McDuffie inquir ed about a total
inventory of how many parking spaces we have available. The Cit y Manager stated the
Parking Management Study has a thorough inventory in it. Mr. Dorl ing stated Mr.
Aronson had made reference earlier regarding the number of in-lie u spaces that have
been approved and staff has a very detailed list of the total inventory of parking spaces as
well as the utilization of each and every one of those lots.
Mr. Carney moved to adopt Ordinance No. 29-11 on Second and FINAL
Reading, seconded by Dr. Alperin. Upon roll call the Commission vot ed as follows: Mr.
Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – No; Mrs. Gray – Yes; Mayor McDuff ie –
No. Said motion passed with a 3 to 2 vote, Commissioner Frankel and Ma yor McDuffie
dissenting.
10.E. ORDINANCE NO. 27-11: Consider amendments to the Community
Redevelopment Agency (CRA) Plan.
The caption of Ordinance No. 27-11 is as follows:
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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
STATUTE 163.360; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 27-11 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.
Paul Dorling, Director of Planning and Zoning, stated this is conside ration
of a CRA initiated amendment to their Community Redevelopment Pl an and the findings
that the modifications conform to the Community Redevelopment Act of 1969, that are
also consistent with the City of Delray Beach’s Comprehensive Plan and further findings
pursuant to applicable requirements of Florida Statute 163.360. The Pla n establishes
projects and programs that will be undertaken by the CRA in the coming years. Mr.
Dorling stated the first CRA Plan was adopted in 1986 and the last amendment was
adopted in 2009. He stated if the amendment is adopted tonight this latest amended plan
will supersede the current plan in its entirety. Mr. Dorling stated it contains updated
information on current plans, projects, and program descriptions and the addition of two
new projects as well as updates to maps.
At its meeting of July 6, 2011, the Pineapple Grove Main Street E xecutive
Board reviewed the amendments and recommended approval; at its me eting of July 11,
2011, the Downtown Development Authority (DDA) reviewed and recommended
approval but requested more emphasis on the timely implementat ion of parking
improvements and business facility upgrades in the Osceola Par k area; at its meeting of
July 12, 2011, the West Atlantic Avenue Redevelopment Coalition (WARC ) considered
this and recommended approval but recommended the addition of a new “ec onomic
diversity statement” to the program objectives of several sec tions, in order to promote
CRA contracts with more minority-owned businesses located wi thin the CRA District; at
its meeting of August 15, 2011, the Planning and Zoning Board reviewed t he
amendments and recommended approval.
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Mayor McDuffie declared the public hearing open.
Diane Colonna, Executive Director of the Community Redevelopme nt
Agency (CRA), stated she is present for any questions the Commission may have.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 27-11, the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 27-11 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission vot ed as follows: Dr.
Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor Mc Duffie – Yes; Mr. Carney
– Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 28-11: Consider an ordinance which
provides definitions for fraud, waste, abuse, misconduct and mismanageme nt related to
the Palm Beach County Inspector General.
The caption of Ordinance No. 28-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 10, “GENERAL PROVISIONS”.
BY AMENDING SECTION 10.05, “DEFINITIONS”, BY
ADOPTING A PREAMBLE ALONG WITH FIVE (5)
NEW DEFINITIONS WHICH SHALL BE INCLUDED
AMONG THE EXISTING DEFINITIONS IN
ALPHABETICAL ORDER; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 28-11 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 McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 28-11,
the public hearing was closed.
Mr. Carney inquired if there were any changes from the previous version.
The City Attorney stated that there are no changes from the previous versi on.
Mr. Carney moved to adopt Ordinance No. 28-11 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
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Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes; Dr. Alperin
– Yes. Said motion passed with a 5 to 0 vote.
10.G. ORDINANCE NO. 30-11: Consider an ordinance amending Chapter 96,
“Fire Safety and Emergency Services”, of the Code of Ordinances, by amending Section
96.16, “Certain Codes Adopted by Reference”, to promote clarity, conciseness, and a
common sense methodology.
The caption of Ordinance No. 30-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 96, “FIRE SAFETY AND
EMERGENCY SERVICES”, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 96.16,
“CERTAIN CODES ADOPTED BY REFERENCE”, TO
CLARIFY THE REQUIREMENTS FOR
RECONSTRUCTION; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 30-11 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 McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 30-11,
the public hearing was closed.
Dr. Alperin moved to adopt Ordinance No. 30-11 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follow s: Mrs.
Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel –
Yes. Said motion passed with a 5 to 0 vote.
10.H. ORDINANCE NO. 31-11: Consider an amendment to Chapter 35,
“Employee Policies and Benefits”, Section 35.089, “Definitions”, to re vise the definition
of “Normal Retirement Date”.
The caption of Ordinance No. 31-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, “EMPLOYEE POLICIES
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AND BENEFITS”, SECTION, 35.089, “DEFINITIONS",
TO REVISE THE DEFINITION OF “NORMAL
RETIREMENT DATE”; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 31-11 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.
The City Attorney stated the reason for this ordinance is if a City
employee who is partially vested and they left employment and they came back after
October 2010 when the new requirements for a pension plan went int o effect, they would
be governed under the new requirements for their pension after that date.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 31-11,
the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 31-11 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows:
Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs.
Gray – Yes. Said motion passed with a 5 to 0 vote.
10.I. ORDINANCE NO. 26-11: Consider a city-initiated amendment to the
Land Development Regulations (LDR) to amend Article 2.2, “Establi shment of Boards
Having Responsibilities for Land Development Regulations”, and to a mend Section
4.4.6, “Medium Density Residential (RM)”, to provide for housekeeping corre ctions to
outdated references.
The caption of Ordinance No. 26-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTIONS 2.2.1, “GENERAL
PROVISIONS”, 2.2.2, “THE PLANNING AND ZONING
BOARD”, SUBSECTIONS (A), “CREATION” AND (E),
“DUTIES, POWERS, AND RESPONSIBILITIES”; 2.2.3,
“THE SITE PLAN REVIEW AND APPEARANCE
BOARD”, SUBSECTION (D), “DUTIES, POWERS, AND
RESPONSIBILITIES”; 2.2.4, “THE BOARD OF
ADJUSTMENT”, SUBSECTION (A), “CREATION”;
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AND 4.4.6, “MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT”, SUBSECTION (H), “SPECIAL
REGULATIONS”, TO CORRECT OUTDATED
REFERENCES THEREIN; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 26-11 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.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city-
initiated amendment to the Land Development Regulations to provide for housekeeping
corrections to outdated references. Mr. Dorling stated it modifies the general provision
sections, Section 2.2.2. “The Planning and Zoning Board”, Section 2.2.3 “The Site Plan
Review and Appearance Board”, “The Board of Adjustment”; and, Sec tion 4.4.6 Medium
Density Residential (RM) District”.
At its meeting of August 15, 2011, the Planning and Zoning Board
recommended approval with a 6 to 0 vote (Connor Lynch absent).
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 26-11,
the public hearing was closed.
Dr. Alperin moved to adopt Ordinance No. 26-11 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Carney – Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie
– Yes. Said motion passed with a 5 to 0 vote.
10.J. ORDINANCE NO. 33-11: Consider an amendment Amending Chapter
91, “Animals”, Section 91.03, “Trapping, Hunting Birds”; Chapter 95, “E mergency
Management”, Section 95.05, “Declaration of a State Of Emergency”, a nd Section 95.09,
“Police Emergencies”; Chapter 96, “Fire Safety and Emergency Services”, Section 96.25,
“Discharge Or Use of Fireworks, Pyrotechnic Devices and Speci al Effects”; Chapter 101,
“Parks, Beaches and Recreation”, Section 101.20, “Firearms and Weapo ns; Fireworks”,
Section 101.36, “Additional Rules Applying to Parks, Recreational Facil ities and the
Municipal Beach”, Subsection 101.36(D), “Safety Hazards”, and Subse ction 101.36(E),
“Nuisances at Parks, Recreational Facilities and Municipal Be ach Sites”; and Chapter
132, “Offenses Against Public Peace and Safety”, by repeali ng Section 132.02,
“Disturbing the Peace; Public Places”, of the Code Of Ordinance s, to conform with
regulations set forth in House Bill 45 amending Section 790.33, Florida S tatutes and to
otherwise comply with State and Federal Statute.
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The caption of Ordinance No. 33-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 91, “ANIMALS”, SECTION
91.03, “TRAPPING, HUNTING BIRDS”; CHAPTER 95,
“EMERGENCY MANAGEMENT”, SECTION 95.05,
“DECLARATION OF A STATE OF EMERGENCY”,
AND SECTION 95.09, “POLICE EMERGENCIES”;
CHAPTER 96, “FIRE SAFETY AND EMERGENCY
SERVICES”, SECTION 96.25, “DISCHARGE OR USE
OF FIREWORKS, PYROTECHNIC DEVICES AND
SPECIAL EFFECTS”; CHAPTER 101, “PARKS,
BEACHES AND RECREATION”, SECTION 101.20,
“FIREARMS AND WEAPONS; FIREWORKS”,
SECTION 101.36, “ADDITIONAL RULES APPLYING
TO PARKS, RECREATIONAL FACILITIES AND THE
MUNICIPAL BEACH”, SUBSECTION 101.36(D),
“SAFETY HAZARDS”, AND SUBSECTION 101.36(E),
“NUISANCES AT PARKS, RECREATIONAL
FACILITIES AND MUNICIPAL BEACH SITES”; AND
CHAPTER 132, “OFFENSES AGAINST PUBLIC
PEACE AND SAFETY”, BY REPEALING SECTION
132.02, “DISTURBING THE PEACE; PUBLIC
PLACES”, OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, TO CONFORM WITH
REGULATIONS SET FORTH IN HOUSE BILL 45
AMENDING SECTION 790.33, FLORIDA STATUTES
AND TO OTHERWISE COMPLY WITH STATE AND
FEDERAL STATUTES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 33-11 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 McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Or dinance No. 33-11,
the public hearing was closed.
Mr. Frankel asked if this has to do with the Statute about bring ing guns
into public places. The City Attorney stated if we an ordinan ce dealing with guns period
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we cannot do that. The City Attorney stated it is his understandi ng that Statute has been
on the books for a while; however, nobody enforced it until they amended the Statute to
provide that if municipalities have something like that on the books a nd if it is enforced
or used in some manner then that can result in penalties of up to $5,000.00 and removal
from Office which would directly affect the City Commission.
Mr. Carney asked if the League of Cities is trying to do any thing with this
and stated this infringes on the rights of municipalities to govern t he activities of their
own residents and people visiting their city.
Mayor McDuffie stated you can carry a concealed weapon in a public
place if you have a concealed weapon permit. Mayor McDuffie stated according to State
law now someone can walk out the front door of their private propert y and discharge a
firearm.
The City Manager stated this was discussed at the League of Cities Urban
Administration Committee Meeting that he attended last Friday and it was dependent on
the League that given the current composition of the legislature that amending it this year
is impossible.
Dr. Alperin moved to adopt Ordinance No. 33-11, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Dr. Alperin – Yes ; Mr. Frankel – Yes;
Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. S aid motion passed with a
5 to 0 vote.
At this point, the time being 8:04 p.m., the Commission moved to Item
11.B., Comments and Inquiries on Non-Agenda Items from the Public.
11.B. From the Public.
11.B.1. Yvonne Odom, 3905 Lowson Boulevard, Delray Beach, FL 33445,
thanked the City Manager for his letter addressing her concerns from the last m eeting.
11.B.2. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach), stated we now have an Inspector General and Ethics Committee and this shows
that the State, the County, and the residents are interested in tr ansparency and guarding
against the imagery of improprieties. Dr. Kirson asked why t he Delray Beach City
Commission still has meetings in small meeting rooms without int ernet coverage
disallowing those who would like to see reports like were given las t week. Dr. Kirson
requested that all meetings be held in the City Commission Chambers.
11.B.3. Rose Hendrix, P.O. Box 6162, Delray Beach, FL 33482, stated Out of
School Coordinator Tonya Smith has falsified a Police Report on her. Ms. Hendrix st ated
she has contacted the City Manager, Mayor McDuffie, and has al so sent emails. Ms.
Hendrix stated her children have attended the After School Program f or several years and
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Tonya Smith objects to her writing reports to the City Mana ger and speaking to the City
Commission and has started a vendetta against her. Ms. Hendrix st ated Ms. Smith has
asked her to write a malicious letter against Parks Superint endent Tim Simmons and she
refused. Ms. Hendrix stated she has contacted the Ethics Depa rtment, the Palm Beach
Department of Professional Regulations, and Florida State Repr esentatives Maria Sachs
and Lori Berman’s office. She urged the City Commission and the C ity officials to get
involved and asked for a response to this issue.
At this point, the time being 7:59 p.m., the Commission moved to Item
11.A., City Manager’s response to prior public comments and inquiries.
11.A. City Manager’s response to prior public comments and inquiries.
With regard to a concern Dr. Kirson had raised a concern about the
seaweed on the beach particularly over the Labor Day weekend and about the frequency
with which the beach is cleaned, the City Manager stated when the contract for beach
cleaning was renewed in 2006 the number of days for raking sea gr ass was increased
from once a week to three times a week. The City Manager s tated there has been a
deluge of seaweed washing onto the coast and the lifeguards supervis e the cleaning of the
beach to be sure that the three times a week is fulfilled but it may only diminish the
seaweed to the extent that it can appear almost impercepti ble when certain conditions
coincide. He stated with the combined factors of seaweed flourishi ng right now at an
inexplicable rate, consistent east winds pushing it toward our shor e and two high tides
seaweed can be replaced more quickly than it can be removed on c ertain days or weeks.
The City Manager stated while the City removes what it ca n the presence of some
seaweed is actually advantageous and important to the beach eco sys tem. One important
role it plays is providing critical habitat for juvenile sea turtles and hatchlings; it provides
many hatchlings with a source of food and shelter from predator s. He stated when
injured hatchlings are rehabilitated and re-released into the oce an they are often
transported for several miles until a large section of seawee d is found because the
presence of the seaweed increases the chances of survival. The timing of this influx of
seaweed is actually fortuitous for the sea turtle hatchlings. While the seaweed may be an
obstacle to some, it is a lifesaver to others.
Secondly, the City Manager stated Mr. McCall was concerned about the
difference in time limits for the downtown parking in different areas. The City Manager
stated time limited parking is the primary tool in managin g the City’s parking system in
terms of encouraging more frequent turnover in strategic areas for the benefit of local
businesses in allowing longer term parking in lots where turnover is less critical for
merchants. The City Manager stated in the downtown business distri ct west of the
Intracoastal Waterway there is no metered parking so ti me limiting on various on street
areas and lots is the only method available to the City for man aging the system. Time
limits for all parking areas will be revisited as the Par king Management Plan
recommendations are implemented. He stated Mrs. Odom had alrea dy referred to a
situation that she brought up at the last meeting that two hour limits for pa rking meters on
A-1-A apply only to angled parking to encourage frequent turnover for the benefit of the
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merchants across from the beach where the angled parking is. All other metered spaces
on A-1-A have a four hour time limit.
Also, the City Manager stated there was a question raised about the value
of the Police Volunteer Program. The City considers this progra m one of the most
organized accountable and cost effective programs attached to the Police Department.
The total requested budget for the Police Volunteer Program f or 2012 is $105,530.00.
This estimate includes the cost for operating expenses such a s uniforms, equipment and
training, cost of vehicle leases, maintenance, fuel and events such as the Senior Academy
and Haitian Citizen Police Academy. During fiscal year 2010, Poli ce volunteers
completed 31,928 hours of service and if these hours were compensated by the City the
volunteer hours would correspond to a monetary value of $576,000.00 when calculate d at
the average C.S.O. hourly rate of $18.05 per hour. The Police Volunteer Program
provides additional revenue through parking enforcement. This year to date the total
revenue generated through the collection of parking fines is $316,000.00. Pol ice
volunteers play an instrumental role in crime prevention and enfor cement. They conduct
patrols of the downtown parking garages and surface lots both day an d night. He stated
utilizing the crime analysis, volunteer groups focus on high visibil ity patrols and target
crime locations. Periodically volunteers provide assistance wit h community policing
initiatives by acting as liaisons with citizen groups. Polic e volunteers are available
during special events to assist with traffic control and provide support as needed. The
City Manager stated there was a suggestion made that the Poli ce volunteers were not
needed downtown because nothing is happening. He stated one of the big p roblems that
West Palm got into is they had a series of high profile well publicized criminal incidents
and it is extremely important for the City to keep downtown saf e and prevent those kinds
of incidences from happening and one of things that does that is by having the volunteers
there as well as the uniformed officers.
Lastly, the City Manager stated in response to Ms. Hendrix’s comments
that she has been told by several staff members that this is a private dispute between her
and the employee and it is not employment related and she needs to take care of it
through the legal system.
At this point, the time being 8:06 p.m., the Commission moved back to
Item 9.F. of the Regular Agenda.
9.F. CONSULTING SERVICE AUTHORIZATIONS/PALM BEACH
COUNTY PUBLIC ART ADMINISTRATION/PUBLIC ART CONSULT ING
SERVICE: Consider Consulting Service Authorizations with Elayna Toby Singer , Palm
Beach County Public Art Administrator to provide administrative s upport for several
public art projects throughout the City. Funding is available f rom 115-1702-579-31.90
(Special Projects Fund: Professional Services/Other Professional Ser vices).
9.F.1. SERVICE AUTHORIZATION NO. 2/DEBILZAN PUBLIC ART
LOAN TO THE CITY OF DELRAY BEACH: Consider Service Authorization No. 2
with Elayna Toby Singer, Palm Beach County Public Art Administ rator, to facilitate
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artist, City Staff and PAAB in art design/material approval, fabrication, installation of
artwork located at Worthing Park.
Linda Karch, Director of Parks and Recreation, stated the Publ ic Art
Advisory Board is requesting Commission approval and authorization for the Mayor to
execute consulting Service Authorization Nos. 2-5 between Palm Beac h County, Elayna
Toby Singer, Public Art Administrator and the City of Delr ay Beach for administrative
support. Mrs. Karch stated there are four separate agreeme nts; the first is an agreement
for Public Art Consulting between the City of Delray Beach and Palm Beach County and
that Service Agreement was approved February 15, 2011. This agreem ent specifies that
the services performed by the County shall be authorized by a S ervice Authorization.
She stated each service authorization shall be incorporated in a nd shall become an
integral part of the contract dated February 15, 2011. The Publ ic Art Advisory Board
recommends approval of the Consulting Service Authorizations; however, s taff
recommendations on the four service authorizations are included in the indi vidual sub
item that follows each agenda item. Mrs. Karch stated Servic e Authorization No. 2 for
Debilzan Public Art Loan to the City of Delray Beach would a uthorize the Public Art
Administrator to facilitate the artist, city staff, and the design and art material fabrication
and installation of artwork located in Worthing Park. Staff recomme nds that this Service
Authorization be rejected because the artist is loaning the s culpture and the City already
has a design team for the park design. Staff feels that the artist and park design team
should be able to finalize the installation without the consultant services on this project.
Mayor McDuffie asked if the City is paying the $65.00 per hour t o Palm
Beach County and not to the consultant. The City Attorney stated the money goes to
Palm Beach County and noted the consultant works for Palm Beach County.
Albert Gaum-Rickard, Project Coordinator/Parks & Recreati on,
stated the first agreement between the Public Art Board and Palm Beach County was
February 15, 2011 and it said that we would have a Public Art Admini strator for the City
of Delray Beach and that we would pay the $65.00 per hour to Palm Bea ch County for
that service.
Mayor McDuffie inquired about Service Authorization No. 1 on May 17,
2011. Ms. Gaum-Rickard stated there are five Service Authorizati ons and Service
Authorization No. 1 was for the Public Art Master Plan and it al l comes under the one
agreement with Palm Beach County.
The City Attorney stated Item 9.F. is like the global agreeme nt and sets
forth all of the basic understanding between the City and t he County and what that
agreement provides for is that if we want to have Ms. Singer do ce rtain things then this is
done through a Service Authorization.
Mr. Carney asked if Elayna Toby Singer is an employee of t he County
then why is the City being billed for services. Dana Donaty, C hair of the Public Art
Advisory Board stated these are public art projects for the City of Delray Beach not for
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the County.
Brief discussion between the Commission and Ms. Donaty followed.
Ms. Gaum-Rickard stated Service Authorization No. 3 (Amendment No.
1)/Update Public Art Master Plan is with Elayna Toby Singer, Pal m Beach County Public
Art Administrator to address Public Art priorities, assess policies and procedures, to
facilitate meetings between staff liaison/Public Art Advi sory Board and City staff
involved in Public Art Projects with CRA staff and the Creati ve City Collaborative
(CCC) so that public art is being distributed correctly.
The City Attorney stated all the City is doing is changing the scope of
work on Service Authorization No. 1 and no more money is being added to it.
Dr. Alperin moved to approve Service Authorization No. 2/Debilzan
Public Art Loan to the City of Delray Beach, seconded by Mr. Frankel. Upon r oll call the
Commission voted as follows: Mr. Frankel – No; Mrs. Gray – No; Ma yor McDuffie –
No; Mr. Carney – No; Dr. Alperin – No. Said motion to approve was DENIED with a 5
to 0 vote.
9.F.2. SERVICE AUTHORIZATION NO. 3 (AMENDMENT NO. 1)/
UPDATE PUBLIC ART MASTER PLAN: Consider Service Authorization No. 3
(Amendment No. 1) with Elayna Toby Singer, Palm Beach County Public Art
Administrator to address Public Art priorities, assess polici es and procedures, to facilitate
meetings between Staff Liaison/Public Art Advisory Board and C ity Staff involved in
Public Art Projects/CRA staff/Creative City Collaborat ive, and to provide a Summary
Report.
Dr. Alperin moved to approve Service Authorization No. 3 (Amendment
No. 1)/Update Public Art Master Plan, seconded by Mr. Frankel . Upon roll call the
Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes ; Mayor McDuffie –
Yes; Mr. Carney – Yes; Dr. Alperin – Yes. Said motion passed with a 5 to 0 vote.
9.F.3. SERVICE AUTHORIZATION NO. 4 /BOY SCOUT
SCULPTURE: Consider Service Authorization No. 4 with Elayna Toby Singer, Palm
Beach County Public Art Administrator to facilitate Artist, C ity Staff and PAAB in art
design/material approval of base, foundation and installation of donated sculpture .
Dr. Alperin moved to approve Service Authorization No. 4/Boy Scout
sculpture, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mrs. Gray – Yes; Mayor McDuffie – No; Mr. Carney – No; Dr. Al perin – No; Mr.
Frankel – No. Said motion to approve was DENIED with a 4 to 1 vote, Mrs. Gray
dissenting.
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9.F.4. SERVICE AUTHORIZATION NO. 5/ BUS SHELTER
CENTENNIAL ART CONTEST: Consider Service Authorization No. 5 with Elayna
Toby Singer, Palm Beach County Public Art Administrator to coordina te with local
schools for contestants, facilitate Artist, City Staff and PAA B in art design/material
approval, fabrication, and installation of bus shelter artwork.
Dr. Alperin moved to approve Service Authorization No. 5/Bus Shelter
Centennial Art Contest, seconded by Mr. Frankel. Upon roll call the Commission voted
as follows: Mayor McDuffie – No; Mr. Carney – No; Dr. Alperin – No; Mr. Frankel –
No; Mrs. Gray – No. Said motion to approve was DENIED with a 5 to 0 vote.
9.G. BID AWARD/SPORTS TURF ONE, INC.: Consider approval of a bid
award in the amount of $77,148.00 to Sports Turf One, Inc., the third lowest re sponsive
bidder, for annual maintenance at Seacrest Soccer Complex and H illtopper Stadium.
Funding is available from 001-4131-572-34.90 (General Fund: Other Contractual
Service).
Linda Karch, Director of Parks and Recreation, stated this item is for the
Commission to consider awarding a bid to Sports Turf One, Inc. in t he amount of
$77,148.00 for the annual maintenance of the Seacrest Soccer Complex and H illtopper
Stadium. Tim Simmons, Parks Superintendent, recommends awarding the bid to the
third lowest bidder Sports Turf One, Inc. in the amount of $77,148.00. Mrs. Ka rch stated
the three other bidders do not have the required amount of experience a s listed in the bid
specification. The lowest bidder, Phoenix Landscape Maintenance list 3 ½ years of
sports turf experience which is actually Bermuda 419 turf on an ai rfield. The second
lowest bidder is Elan Lawn and Landscape Services. Mrs. Karch s tated Mr. Simmons
contacted many of their references and they all stated that El an worked for them but also
stated that they had not done any sport maintenance turf for them . The fourth bidder,
Lawn Wizard USA, Inc. does not have the five year minimum experi ence that the City
requires for this bid. Mrs. Karch stated staff recommends awarding the bid to Sports Turf
One, Inc. who currently works for the City and has done these duties in the past.
Dr. Alperin moved to approve a bid award to Sports Turf One, Inc. (third
lowest responsive bidder), seconded by Mrs. Gray. Upon roll call the Commission voted
as follows: Mr. Carney – Yes; Dr. Alperin – Yes; Mr. Franke l – Yes; Mrs. Gray – Yes;
Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote.
9.H. APPOINTMENT TO THE CODE ENFORCEMENT
BOARD: Appoint one (1) alternate member to the Code of Enforcement Board to serve
an unexpired term ending January 14, 2013. Based upon the rotation system, the
appointment will be made by Commissioner Carney (Seat #1).
Mr. Carney moved to appoint Stanley Scharf as an alternate member to t he
Code Enforcement Board to serve an unexpired term ending January 14, 2013, se conded
by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin – Yes; Mr.
Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes. Said
motion passed with a 5 to 0 vote.
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9.I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint
one (1) regular member to the Board of Adjustment to serve an une xpired term ending
August 31, 2012. Based upon the rotation system, the appointment will be made by
Commissioner Carney (Seat #1).
Mr. Carney moved to reappoint Dale Miller as a regular memb er to the
Board of Adjustment to serve an unexpired term ending August 31, 2012, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. F rankel – Yes; Mrs.
Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alp erin – Yes. Said motion
passed with a 5 to 0 vote.
9.J. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to the Police Advisory Board to serve an unex pired term ending
July 31, 2012. Based upon the rotation system, the appointment will be ma de by Mayor
McDuffie (Seat #5).
Mayor McDuffie stated he wished to appoint Walter Earley as a regular
member to the Police Advisory Board to serve an unexpired term e nding July 31, 2012.
Mr. Frankel so moved, seconded by Dr. Alperin. Upon roll call the Comm ission voted as
follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin –
Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote.
9.K. PARTICIPATION AGREEMENT/TODAY IN AMERICA:
Consider approval of a Participation Agreement with Today In Ameri ca, in the amount
of $19,800.00 for production and national airing of a five minute segment highlig hting
Delray Beach. Funding is available in the FY 2012 budget from 001-6311-559 -82.01
(General Fund: Aid to Private Organizations/Economic Development Support).
(ADDENDUM)
The City Manager stated staff has checked references with two other
communities and they are very pleased with the result they got and are using it for
economic development purposes. He stated staff believes this i s worth doing and that
having this will be an important economic development tool for the City of Delray
Beach. The City Manager stated North Port is buying 1,000 DVD’s of theirs so they can
give them out to potential people who may be interested in the City. The City Manager
stated he recommends the Commission approve the request subject to the City being able
to negotiate a suitable contract addressing the City Attorney’s conce rns.
Mayor McDuffie stated the contract provides that the segment will air one
time nationally on FOX Business Network, and 19 times regionally on CNN Headline
News through regional cable operators and/or Regional News Net work in many of the
top 100 markets nationwide based on viewer demographics, interests a nd the distribution
checklist. Mayor McDuffie stated Today in America approache d the City and this is
quite an honor.
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Dr. Alperin stated this is an investment. Dr. Alperin asked i f the City has
the right to produce its own CD’s in the contract. The City Ma nager stated the City will
own it. The City Attorney stated this will be clarified in the contract.
Mr. Frankel stated one of the of their issues similar with t hat is the airing
of the USTA Junior Tournaments as well as the ATP on the Tennis N etwork
internationally when the City discusses the TV deals they may w ant to air a 30 second
snip bit of footage taken. Mr. Frankel stated the commercial t hat was broadcast this year
was fabulous. The City Manager stated in speaking with these other communities they
suggested getting a 30 second piece and a two minute piece becaus e five minutes is too
long.
Brief discussion by the Commission continued regarding releases of those
that are photographed.
Mr. Carney moved to approve the Participation Agreement with Toda y In
America, in the amount of $19,800.00, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mayor McDuffie – Yes; Mr. Carne y – Yes; Dr. Alperin –
Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:44 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 32-11: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code of Ordinances by amending Section 51.70,
“Regular Charges Levied”, to provide for increased residential a nd commercial collection
service rates for FY 2012. If passed, a public hearing will be held on Oc tober 4, 2011.
The caption of Ordinance No. 32-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED",
TO PROVIDE FOR INCREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE
RATES FOR FY 2012; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 32-11 is on file in the City Clerk’s
office.)
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The City Attorney read the caption of the ordinance.
Lisa Hartman, Utility Billing Manager, stated this ordinance is to approve
the garbage and trash changes in the rates. The CPI has gone up 4.0% this year and the
fuel surcharge has gone up an additional 4.0% which is resulting in an overall 7.7%
increase in the rates. This rate increase is a function of the Waste Management contract
and these adjustments are built in and the City has to amend them every year based upon
the CPI and the fuel. Mrs. Hartman stated the fuel adjustment comes from the U.S.
Department of Energy. Staff recommends approval.
Mayor McDuffie commented about the restructuring of pick up sites.
Mr. Frankel moved to approve Ordinance No. 32-11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follow s: Mr. Carney –
Yes; Dr. Alperin – Yes; Mr. Frankel – Yes; Mrs. Gray – Ye s; Mayor McDuffie – Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 34-11: Approve an increase of the parking meter
fees from $1.25 to $1.50 per hour in all metered parking spaces, an increas e to the cost of
the annual beach parking permit from $80.00 to $90.00 per year, and creation of a new
permit classification of Senior Beach Parking Permit at a cos t of $95.00 per year. If
passed, a public hearing will be held on October 4, 2011.
The caption of Ordinance No. 34-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 71, “PARKING
REGULATIONS” OF THE CODE OF ORDINANCES
BY AMENDING SECTION 71.058, "COST OF
PARKING OR STANDING VEHICLES IN CERTAIN
METERED SPACES", TO PROVIDE FOR A PER
HOUR METER FEE TO BE CHARGED AND LISTING
THE PARKING LOTS AFFECTED; AND BY
AMENDING SECTION 71.060, “PARKING METER
PERMITS”, TO ESTABLISH A SENIOR BEACH
PERMIT PROGRAM AND COSTS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 34-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Scott Aronson, Parking Management Specialist, stated the increa se for the
parking meter fees increased from $1.25 to $1.50 per hour. Mr. Aronson s tated fees have
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not been increased for three years and it is in line with nei ghboring municipalities up and
down the coast. The beach parking permit is being increased fr om $80.00 to $90.00. In
addition to these increases, direction was provided to establish a new classification of
Beach Permit for Senior Citizens which for an additional $5.00 would al low use of
parallel spaces on Ocean Boulevard (SR A1A), south of Mirimar S treet and north of
Atlantic Avenue available to persons age 62 and older at the time of purchase. Mr.
Aronson stated the suggestion of a Beach Permit for Senior Citizens was brought before
the Parking Management Advisory Board as a suggestion from Mr. Fl adell. Mr. Aronson
stated the Beach Permit for Senior Citizens does not allow the angled spaces which were
the two-hour limit.
Mr. Carney stated he opposes this ordinance as written because he does
not like the hours of day of enforcing the parking on East Atlantic Avenue east of the
Intracoastal. He stated he cannot support this ordinance until the re is some addressing of
the hours of enforcement. Mr. Carney stated he supports this as i t relates to the beach,
the permits, and as it relates to the parking lots; however, he does not support it as it
relates to the parking on East Atlantic Avenue because it is unfair to the businesses east
of the Intracoastal to do anything which impairs people from c oming to their businesses
especially in the morning hours.
Mr. Frankel moved to approve Ordinance No. 34-11 on FIRST Reading,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol lows: Dr. Alperin –
Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Ye s; Mr. Carney – No.
Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 35-11: Approve an ordinance amending Chapter 92,
"Boats and Boating", by amending Section 92.15, "Docking License for Exc ursion Boat
Operations", Subsection (E), "Short-Term Agreement", to modify t he permit fee; and by
amending subsection (G), "Use of Docks at Veterans Park", to inc rease the mooring time
for excursion boats at Veterans Park. If passed, a public hea ring will be held on October
4, 2011.
The caption of Ordinance No. 35-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 92, "BOATS AND BOATING",
BY AMENDING SECTION 92.15, "DOCKING LICENSE
FOR EXCURSION BOAT OPERATIONS",
SUBSECTION (E) “SHORT-TERM AGREEMENT”, TO
MODIFY THE PERMIT FEE; AND BY AMENDING
SUBSECTION (G) “USE OF DOCKS AT VETERANS
PARK”, TO INCREASE THE MOORING TIME;
PROVIDING A GENERAL REPEALER CLAUSE; A
SAVING CLAUSE AND AN EFFECTIVE DATE.
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(The official copy of Ordinance No. 35-11 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Linda Karch, Director of Parks and Recreation, stated this ordinanc e
amendment is before the Commission for approval to increase the p ermit fees from
$250.00 to $300.00 per excursion and increase the operation hours from 9:00 a.m. –
10:00 p.m. to 8:00 a.m. – 11:00 p.m. The ordinance also increases the mooring ti me for
excursion boats from thirty (30) to sixty (60) consecutive minutes. Mrs. Karch stated this
fee has not been increased in several years and is compatibl e with other municipalities.
The change in time is at the request of the excursion boat operators.
Dr. Alperin moved to approve Ordinance No. 35-11 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follow s: Mr. Frankel
– Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Dr. Alperin – 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 Commissioner Gray’s concern about the internet caf és, the
City Manager stated the City Attorney’s office has drafted a propos ed ordinance.
With regard to Commissioner Gray’s concern with the Community
Redevelopment Agency (CRA) and their efforts with regard to hou sing, the City
Manager stated the CRA continues to have a focus and commitment to a ffordable
housing. The CRA’s proposed funding of the Community Land Trust (CLT) operation
cost is $250,000.00 for the upcoming fiscal year. The City Manager sta ted they continue
to maintain and make available affordable apartments that are managed by our local
housing providers. In addition, at its meeting of October 13 th , the CRA Board will be
considering the request from the Delray Beach Housing Authority for $2.7 million in
support of an affordable senior housing project. The City Manager stated the City
continues to work with the CRA on several housing initiatives and one of t he things that
have affected the level of funding is the current housing market. T hus, the CRA has
switched its effects to acquiring current units that are either deeded over or sold to the
local housing providers which increase the availability of housing units. The City
Manager stated Mayor McDuffie commented about the waiting lis t for housing vouchers.
The City Manager stated that does not necessarily reflect the need in Delray Beach. He
stated when those vouchers are advertised they get applicants from Miami to north of
West Palm.
The City Manager stated at the Urban Administration Committe e Meeting
there was also some discussion about the red light cameras and th ere are currently 70
cities that have them. He stated one of the concerns the Flori da League of Cities has is
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that Representative Corcoran who has introduced the Bill to outlaw the red light cameras
is Speaker Designate for 2016. The City Manager stated they c ontinue to monitor the
court system as the court cases go through the system and there have been some
favorable decisions now out of Broward County but is far from sett led. Therefore, the
City Manager stated they do not recommend taking any further ac tion with those until
that is resolved. The City Manager stated there was discussi on about a requirement that
kicks in October 2012 that all police dispatches have to have 216 hou rs of training to be
certified by the State and the Department of Health. The Ci ty Manager stated some of
the smaller agencies use police officers for dispatching and what they are asking is that
there is an exception written into this law for certified poli ce officers to be able to do
dispatching. The City Manager stated cities have been workin g for several years to try
and get amendments to the law regarding public notices. He sta ted basically you have to
publish everything in the newspaper and the wholesale bills that have been introduced
have not gotten anywhere. Therefore, the City Manager stated t his year they are going to
try to piecemeal it and deal with a couple things. He sta ted they are talking about on
proposed Comp Plan amendments and zoning that they would remove the map s because
the maps you cannot really read; unless someone is extremely fa miliar with the City they
do not convey useful information. The City Manager stated anytime yo u try to change
the publication requirement the newspapers lobby against it. T he City Clerk stated the
City Clerk’s office has spent a little over $18,000.00 for this fisca l year. The City
Manager stated we can post the property and send out mail notices but the City still has to
advertise in a newspaper. The City Manager stated with re gard to Code Enforcement a lot
of places have a requirement that when you notify people of a C ode Enforcement
violation under certain circumstances where they could end up with a lien it has to be
certified mail return receipt requested. He stated they ar e trying to get the return receipt
repealed because if you have a certified letter that is tr acked through the postal system
and you can verify the receipt of it through that tracking wit hout getting an actual return
card that would save a considerable amount of money. The City Ma nager stated the next
Committee Meeting is in October.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Frankel
Mr. Frankel asked when the Commission will be discussing the f ire fee.
The City Manager stated they are hoping to discuss this at the October Workshop
Meeting.
Mr. Frankel stated yesterday he was invited by the Delray Beach Police
Department to speak to their Police Commanders and the subject w as “The Future of
Delray Beach”. He stated it was a great experience and t hey gave him a tour of the
Seacrest Training Facility. Mr. Frankel stated these tools are good for the Police
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Department but other departments are coming in using this te chnology and noted there is
an open invitation for the rest of the Commission and the Mayor.
Mr. Frankel stated yesterday he also attended the Annual Neigh borhood
Association Reception at the Arts Garage. He recognized Lula Butler, Nigel Roberts,
Jennifer Costello, and Mayor McDuffie for putting on a great pro gram and stated it is
great how that space is being utilized.
13.C.2. Mrs. Gray
Mrs. Gray stated she attended the Palm Beach County League of C ities
Education Committee meeting today and noted they are looking for youth i n the
community to participate in their program. She stated they meet on the 2 nd Wednesdays
of every month from 4:00-5:00 p.m.
13.C.3. Mr. Carney
Mr. Carney suggested that we post the audio of the Workshop Meeti ngs
on the website.
Secondly, Mr. Carney stated he understands the need for the revenues f or
the parking at the beach, however, the City needs to address the hours of enforcem ent.
Mr. Carney stated someone raised the issue that they had writte n to the
Utility Billing Department to receive their bill by ema il and they received them by email
but they also get a duplicate in the mail. He stated if a c ustomer can receive their bill via
email then why is the bill also being sent by regular mail.
Lastly, Mr. Carney suggested that the City have an ordinance for seaweed.
13.C.4. Dr. Alperin
Dr. Alperin stated several years ago he remembers people complaining
that they want to move the Workshop Meetings in the Commission Cham bers versus the
First Floor Conference Room. Also, Dr. Alperin stated several years ago there was
discussion about using the water bill as a way of sending out infor mation to the citizens
which is now the Neighborhood News.
13.C.5. Mayor McDuffie
Mayor McDuffie stated he was supposed to go the The Breakers and sp eak
but got very ill the night before and did not make it. He state d in preparation he asked
Rosanne DeChicchio, Administrative Assistant/Public Information O ffice to obtain all of
the vehicles of communication that we use and noted there are 48.
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Secondly, Mayor McDuffie stated over the weekend he did a 5K Run for
Sickle Cell Anemia.
He stated he watched beach volleyball on Delray Beach and it was a great
event.
Mayor McDuffie stated Naked Hair Salon had some hair cutti ng classes
with Vidal Sassoon’s son.
He commented that the Chamber of Commerce Luminary Gala was very
nicely done.
Mayor McDuffie stated there was an event at Old School Squar e called
Tom’s Shoes and this organization provides shoes for children in 28 develop ing
countries. He stated they are going hold another event in October and to buy a pair of
shoes is approximately $58.00. Mayor McDuffie stated he met another gentleman a year
ago at the Boca Raton Hotel and Club at the Chris Evert event who is doing the same
thing and brought it to their attention that if a child gets cut on the bottom of their foot in
the United States they have medication or can go to the doctor; however , in developing
countries it is often times fatal.
He stated he spoke to Abbey Delray this week discussing his r ole in the
City. Mayor McDuffie stated they were wonderful to speak to a nd wrote a
complimentary letter to the City.
Mayor McDuffie announced that tomorrow there is a Mayor’s L iteracy
Luncheon at the Ritz’s Carlton.
Mayor McDuffie stated with regard to the Metropolitan Pla nning
Organization Meeting there was a lot of discussion on the utilizat ion of the FEC tracks
and putting commuter trains on the FEC. In addition, he stated there is also a possible
extension of 441 north.
Mayor McDuffie urged the Commission to stay out of the Publ ic Records
Requests and let the City Clerk’s office respond. He stated we need to get to the root of
Chapter 119 and charge the City’s entire cost to these Public Records Requests. Mayor
McDuffie stated he understands that the City charges for staff time but not for computer
time. He stated the County charges 22 cents a second for computer t ime and will forward
his model to the City Manager.
Lastly, Mayor McDuffie stated the County is going to have a Countywide
Lobbyist Registration System that will be online.
There being no further business, Mayor McDuffie declared the m eeting
adjourned at 9:20 p.m.
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__________________________________________
City Clerk
ATTEST:
____________________________________
M A Y O R
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeti ng held
on September 20, 2011, which Minutes were formally approved and adopted by the City
Commission on ________________________.
__________________________________________
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They wil l become the official
Minutes only after review and approval which may involve some amendme nts, additions
or deletions as set forth above.
City Commission Meeting from September 20, 2011; Item 9.A.
City Commission Meeting from September 20, 2011; Item 9.A.
City Commission Meeting from September 20, 2011; Item 9.B.
City Commission Meeting from September 20, 2011; Item 9.B.
City Commission Meeting from September 20, 2011; Item 9.B.
City Commission Meeting from September 20, 2011; Item 9.C.
City Commission Meeting from September 20, 2011; Item 9.C.
City Commission Meeting from September 20, 2011; Item 9.C.
WHEREAS, Bishop Leonard Nathan Quince, Jr. was born to the late Bishop L eonard Nathan
Quince, Sr. and the late Ida Lee Smith- Quince in Quitman, Georgia on September 15, 19 19; and
WHEREAS, Bishop Quince, Jr. moved to Delray Beach with his parents a nd two sisters, Idell
and Maebell, in 1926 and has resided for 85 years; and
WHEREAS, Bishop Quince, Jr. had a lifetime of achievements at an early age; and
WHEREAS, a young Bishop Quince preached his first sermon, “Dry Bones in t he Valley”,
standing on a box that his father provided for him to stand on s o that the congregation could see him
behind the pulpit when he was 9 years old; and
WHEREAS, he was later ordained as a Minister of the Word in 1936 at the age of 17; and
WHEREAS, in 1937, Bishop Quince married the late Artice Alexander-Quince who was
affectionately known as “Baby” and through this union they had se ven (7) children: Alonzo (deceased),
Alease (deceased), Eddie Lee, Lillie, Elizabeth, Mary Ann and Leonard N athan III; and
WHEREAS , Bishop Quince’s love of music led him to serve as Minister of Music under the
leadership of his father, the late Bishop L. N. Quince, Sr., f or many years. He composed his first song
when he was 8 years old entitled “You Better Run to the City of Refuge”; and
WHEREAS, Bishop Quince traveled cross country from 1936 through the 1960s with his sister,
the late Idell Quince Boyer-Reynolds as the duo group, The National Gospel Twins. They performed with
many international gospel greats including Mahalia Jackson, 5 Blind Boys of Jackson Mississippi, Mighty
Clouds of Joy, Candi Staton, Staple Singers and many others; and
WHEREAS, a testament to the brother and sister’s singing was the s treet ministry they
conducted on corners, in sand lots throughout the City and an untold number of c hurch services they
traveled to down through the years; and
WHEREAS, Bishop Quince taught his three daughters, Alease, Elizabeth, and Lillie who were
known as The Quinettes to sing background with him and was later joined by his nieces Yvonne, Lucille,
and Margie; and
WHEREAS, the Church of the Living God, New Macedonia was built in 1977 under th e
leadership of Bishop Quince where he served as pastor until February 2011 when the mantle was
transferred to his grandson, Pastor David B. Clark. Bishop Q uince served as a member of the Ministerial
Alliance of Churches in Delray Beach and surrounding areas. He functioned as a spiritual mentor to many
individuals in Delray; and
WHEREAS, Bishop Quince, now age 92, is still a pioneer cornerstone memb er of this
community and continues to faithfully serve the Lord .
NOW, THEREFORE, I, NELSON S. McDUFFIE , Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission and the citizens of De lray Beach, do hereby extend our
heartfelt thanks and appreciation to:
BISHOP LEONARD NATHAN QUINCE, JR.
and call upon all present to acknowledge and applaud his longtime outstanding a nd exemplary dedication,
multitudinous contributions and accomplishments to the City of Delray Beach, its residents and his
community.
IN WITNESS WHEREOF , I have hereunto set my hand and caused the Official Seal of the City
of Delray Beach, Florida, to be affixed this 4 th day of October, 2011.
____________________________
NELSON S. McDUFFIE
MAYOR
WHEREAS, city government is the government closest to most c itizens, and
the one with the most direct daily impact upon its residents; and
WHEREAS , city government is administered for and by its ci tizens, and is
dependent upon public commitment to and understandi ng of its many
responsibilities; and
WHEREAS, city government officials and employees share the responsibility
to pass along their understanding of public service s and their benefits; and
WHEREAS, Florida City Government Month is a very important time to
recognize the important role played by city governm ent in our lives; and
WHEREAS, this month offers an important opportunity to spre ad the word
to all the citizens of Florida that they can shape and influence this branch of
government which is closest to the people; and
WHEREAS, the Florida League of Cities and its member cities have joined
together to teach students and other citizens about municipal government through a
variety of different projects and information; and
WHEREAS, Florida City Government Month offers an important
opportunity to convey to all the citizens of Florid a that they can shape and influence
government through their civic involvement.
NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of
Delray Beach, Florida, on behalf of the City Commis sion do hereby proclaim the
month of October as:
FLORIDA CITY GOVERNMENT MONTH
in the City of Delray Beach, Florida, and encourage all citizens, city government
officials and employees to do everything possible t o ensure that this month is
recognized and celebrated accordingly, and to encou rage educational partnerships
between city government and schools.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Official Seal of the City of Delray Beach, Florida, to be affixed this 4 th day of
October, 2011.
____________________________
Nelson S. McDuffie
MAYOR
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Dot Bast, Training and Development Manager
THROUGH:Bruce Koeser, Human Resources Director
David T. Harden, City Manager
DATE:September 12, 2011
SUBJECT:AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
RESOLUTION NO. 47 -11 BENJAMIN LEONARD
ITEM BEFORE COMMISSION
Resolution No. 47-11 honoring Benjamin Leonard's ov er 30 years of service.
BACKGROUND
In accordance with the City’s service award policy , employees with 30 years of full-time service are to
be honored by the City Commission with a resolution and plaque. Benjamin Leonard, Recreation
Supervisor achieved this milestone on August 27, 20 11.
1
Res No. 47-11
RESOLUTION NO. 47-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
COMMENDING BENJAMIN LEONARD FOR THIRTY
YEARS OF DEDICATED SERVICE TO THE CITY OF
DELRAY BEACH.
WHEREAS, Benjamin Leonard was hired by the City of Delray B each as a Recreation
Supervisor and on August 27, 2011 reached a milesto ne in his career, having achieved over thirty
years of full-time service with the City; and
WHEREAS, Ben Leonard has served this community with honor a nd distinction as
Recreation Supervisor I, Athletic Supervisor and Re creation Supervisor II in the Recreation
Division; and
WHEREAS, Ben is a dedicated and extraordinarily reliable em ployee whose work ethic is
above reproach, and who has approached his duties w ith a positive attitude, always striving for
excellence in himself, co-workers, and volunteers; and
WHEREAS, we acknowledge Ben’s hard work and dedication to t he Parks and Recreation
Department to establish the Delray Rocks youth foot ball program as a staple in the Delray
Community along with other athletics; and
WHEREAS, he has the highest standards for teamwork, safety, resourcefulness, and
stewardship of department resources; and
WHEREAS, the City of Delray Beach and the Delray Beach Park s and Recreation
Department are honored to have had Ben Leonard as a valued member of the municipal team over
the past 30 years and he is greatly appreciated by his co-work ers and the entire city staff.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Be ach hereby recognizes and
commends Benjamin Leonard for thirty years of dedicated and faithful public service.
Section 2. That the City Commission hereby congratulates and expresses sincere thanks
and appreciation to Benjamin Leonard for his many years of service, and wishes him the b est of
health and happiness in his retirement.
2
Res No. 47-11
PASSED AND ADOPTED in regular session on this the 4th day of October 2011.
___________________________________
MAYOR
ATTEST:
__________________________________
CITY CLERK
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:September 29, 2011
SUBJECT:AGENDA ITEM 7.B. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
2012 ALL -AMERICA CITY AWARD - CAMPAIGN FOR READING READINESS
PRESENTATION
ITEM BEFORE COMMISSION
The Delray Beach Education Board would like to appl y for the 2012 All-America City Grade Level
Reading Awards, which is being championed by the National Civic Lea gue . The Reading Campaign
goal at a national level is to increase by 50 perce nt the number of low-income children reading on grade
level in 3rd grade in at least a dozen states durin g the next ten years.
The League is asking communities to come up with a “Best Practice Plan” that addresses the following:
· Summer Learning loss
· School Attendance – Chronic absentees
· School Readiness
Why it is important for Delray Beach to get involve d:
· Our school population is comprised of 60% low incom e, high-risk students
· FCAT (Florida Comprehensive Achievement Test) score s reveal that only 68% of our students
read at or above grade level in third grade reading scores and that number drops as they get older
· The scores for students in Delray Beach lag the cou nty and state averages
· We have 25% increase in student poverty level in th e past 5 years, which equates to lower
performance
We are requesting that the City Commission endorse our efforts to move forward with the Letter of
Intent for the 2012 All-America City Reading Readiness Award.
TODAY’S GOALS
Establish Steering Committee Establish Steering Committee Establish Steering Committee Establish Steering Committee
Provide Background on Grade Level Reading Campaign and Delray Beach Education Provide Background on Grade Level Reading Campaign and Delray Beach Education Provide Background on Grade Level Reading Campaign and Delray Beach Education Provide Background on Grade Level Reading Campaign and Delray Beach Education A AA Advocacy dvocacy dvocacy dvocacy
Review letter of intent requirements and determine workplan for development( due 10/14)Review letter of intent requirements and determine workplan for development( due 10/14)Review letter of intent requirements and determine workplan for development( due 10/14)Review letter of intent requirements and determine workplan for development( due 10/14)
Review application requirements and discuss broad based strategies ( due March 12)Review application requirements and discuss broad based strategies ( due March 12)Review application requirements and discuss broad based strategies ( due March 12)Review application requirements and discuss broad based strategies ( due March 12)
Determine if the Campaign forGrade Level Reading is a viable program for Delray Beach Determine if the Campaign forGrade Level Reading is a viable program for Delray Beach Determine if the Campaign forGrade Level Reading is a viable program for Delray Beach Determine if the Campaign forGrade Level Reading is a viable program for Delray Beach
BACKGROUND
The Delray Beach Education Board The Delray Beach Education Board The Delray Beach Education Board The Delray Beach Education Board has been in existence for 20 years and
advocates for quality education for all. It acts as the eyes and ears of the City
Commission in identifying opportunities to help al l students succeed. Over
the course of the 2010-11 school year we have spoke n with many of our
elementary school principals and the common opportunity was identified the common opportunity was identified the common opportunity was identified the common opportunity was identified
as school readiness.as school readiness.as school readiness.as school readiness.
Concurrently, the Concurrently, the Concurrently, the Concurrently, the National Civics League National Civics League National Civics League National Civics League has invited Delray Beach to submit a has invited Delray Beach to submit a has invited Delray Beach to submit a has invited Delray Beach to submit a
letter of intent for the 2012 All American City Gra de Level Reading Award., letter of intent for the 2012 All American City Gra de Level Reading Award., letter of intent for the 2012 All American City Gra de Level Reading Award., letter of intent for the 2012 All American City Gra de Level Reading Award.,
which focuses on the 0-8 year old child and how to help all students read on
grade level by third grade. Letters of Intent are d ue October 14,2011 which
then enables Delray Beach access to a growing natio nal network of staff,
consultants,funders and other cities involved in th e Campaign for Grade
Level Reading.. Final Award applications are due M arch 12,2012 and will
include our plans to help every student read on gra de level by third grade.
The Campaign’s goal is to increase by 50 percent th e number of low The Campaign’s goal is to increase by 50 percent th e number of low The Campaign’s goal is to increase by 50 percent th e number of low The Campaign’s goal is to increase by 50 percent th e number of low----income income income income
children reading on grade level in 3rd grade in at least a dozen states during children reading on grade level in 3rd grade in at least a dozen states during children reading on grade level in 3rd grade in at least a dozen states during children reading on grade level in 3rd grade in at least a dozen states during
the next ten years the next ten years the next ten years the next ten years. . . .
Currently two thirds of our US students are not r eading proficiently by 4 Currently two thirds of our US students are not r eading proficiently by 4 Currently two thirds of our US students are not r eading proficiently by 4 Currently two thirds of our US students are not r eading proficiently by 4 th thth th
grade; in California the number rises to 76% and f or low income families the grade; in California the number rises to 76% and f or low income families the grade; in California the number rises to 76% and f or low income families the grade; in California the number rises to 76% and f or low income families the
figure rises to 90% according to the latest NAEP sc ores.figure rises to 90% according to the latest NAEP sc ores.figure rises to 90% according to the latest NAEP sc ores.figure rises to 90% according to the latest NAEP sc ores.
DELRAY BEACH POPULATION IS FLAT VS 10 YEARS AGO, BU T SCHOOL AGE
POPULATION HAS DECREASED BY 11.3% ( 2000/2010 CENSUS DATA)
20002010 %CHG
Total 60,02060,5220.8%
>1 yr 595546-8.2%
1 yr 601596-0.8%
2 yr 576563-2.3%
3 yr 626553-11.7%
4 yr 609578-5.1%
5 yr 574535-6.8%
6 yr 620512-17.4%
7 yr 592411-30.6%
8 yr 651541-16.9%
9 yr 658546-17.0%
10 yr 650527-18.9%
11 yr 636528-17.0%
12 yr 595506-15.0%
13 yr 615529-14.0%
14 yr 612540-11.8%
15 yr 598552-7.7%
16 yr 5505550.9%
17 yr 57463911.3%
18 yr 5726167.7%
total1150410373-9.8%
age 5-1884977537-11.3%
DELRAY BEACH SCHOOLS
•Delray Beach Delray Beach Delray Beach Delray Beach has 11 has 11 has 11 has 11 public public public public and and and and 6 66 6private private private private
schools schools schools schools
•7929 students attend public 7929 students attend public 7929 students attend public 7929 students attend public school; school; school; school; we we we we
estimate 1000 attend private schools estimate 1000 attend private schools estimate 1000 attend private schools estimate 1000 attend private schools
•Private schools include demoninational and Private schools include demoninational and Private schools include demoninational and Private schools include demoninational and
non denominational non denominational non denominational non denominational
•Public schools include full Public schools include full Public schools include full Public schools include full choice, choice, choice, choice, embedded embedded embedded embedded
choice choice choice choice and non and non and non and non choice choice choice choice
•We have the county’s only contiguous We have the county’s only contiguous We have the county’s only contiguous We have the county’s only contiguous
International Baccalaureate (IB) schools International Baccalaureate (IB) schools International Baccalaureate (IB) schools International Baccalaureate (IB) schools
DELRAY BEACH DEMOGRAPHIC SNAPSHOT
7929 students attend 7929 students attend 7929 students attend 7929 students attend 11 11 11 11 DB public DB public DB public DB public schools schools schools schools
4721 students attend 7 elementary schools 4721 students attend 7 elementary schools 4721 students attend 7 elementary schools 4721 students attend 7 elementary schools
Total enrollment down 1 Total enrollment down 1 Total enrollment down 1 Total enrollment down 1----3% in past 3% in past 3% in past 3% in past 5 yrs 5 yrs 5 yrs 5 yrs
Demographics continue to shift Demographics continue to shift Demographics continue to shift Demographics continue to shift
Black and Hispanic enrollment has
increased significantly in past 5 years
White enrollment has decreased
Poverty is a growing issue Poverty is a growing issue Poverty is a growing issue Poverty is a growing issue
Students in poverty now 59% up from 47%
in 2005, a 25% increase 25% increase 25% increase 25% increase
DELRAY BEACH ACADEMIC SNAPSHOT
Florida Comphensive Aptitude Test or FCAT is Florida Comphensive Aptitude Test or FCAT is Florida Comphensive Aptitude Test or FCAT is Florida Comphensive Aptitude Test or FCAT is a a a a yardstick yardstick yardstick yardstick since ‘01 since ‘01 since ‘01 since ‘01
( Is this the best measure going forward?)( Is this the best measure going forward?)( Is this the best measure going forward?)( Is this the best measure going forward?)
Generally speaking Generally speaking Generally speaking Generally speaking........
Full choice schools have highest scores
..followed by embedded choice schools
..followed by non choice schools
Reading Reading Reading Reading scores peak at 5 scores peak at 5 scores peak at 5 scores peak at 5 th thth th grade grade grade grade then decline through 10th then decline through 10th then decline through 10th then decline through 10th
+/-60% grade 3-5 read on grade level
+/-48% grade 6-8 read on grade level
+/-46% grade 9-10 read on grade level
FCAT 3 RD GRADE READING SCORES 3+ ABOVE
TAKEN FROM GOLD REPORT, PBCSD
School School School School2011 2011 2011 20112010 2010 2010 20102009 2009 2009 20092008 2008 2008 2008 2001 2001 2001 2001
Banyan Creek8188776653
Morikami9189898581
Orchard View4547666649
Pinegrove6973557324
Plumosa4141395041
SD Spady7776767354
Village
Academy
5162475917
DELRAY BEACH ACADEMIC SNAPSHOT
•Delray Beach schools have shown Delray Beach schools have shown Delray Beach schools have shown Delray Beach schools have shown improvement improvement improvement improvement since since since since 2001 2001 2001 2001
despite challenging environmental factors despite challenging environmental factors despite challenging environmental factors despite challenging environmental factors
•Our schools lag the district and state scores, significan tly at the Our schools lag the district and state scores, significan tly at the Our schools lag the district and state scores, significan tly at the Our schools lag the district and state scores, significan tly at the
middle and high school level middle and high school level middle and high school level middle and high school level
•Important to note there are Important to note there are Important to note there are Important to note there are BIG BIG BIG BIG differences from school to differences from school to differences from school to differences from school to
school school school school
High poverty, low scores
Strong choice program or low poverty, high scores
GREAT PROGRAMS EXIST TO HELP OUR
CHILDREN…BUT THE NEED IS EVEN GREATER
School Readiness School Readiness School Readiness School Readiness
*Pinegrove VPK *Pinegrove VPK *Pinegrove VPK *Pinegrove VPK* Achievement Center for Children and Families * Headstart * Achievement Center for Children and Families * Headstart * Achievement Center for Children and Families * Headstart * Achievement Center for Children and Families * Headstart
•Preschools *Palm Beach Literacy Coalition * SD Spady preschool Preschools *Palm Beach Literacy Coalition * SD Spady preschool Preschools *Palm Beach Literacy Coalition * SD Spady preschool Preschools *Palm Beach Literacy Coalition * SD Spady preschool
School Attendance School Attendance School Attendance School Attendance
•District Reports District Reports District Reports District Reports* Boystown * Pinegrove * Boystown * Pinegrove * Boystown * Pinegrove * Boystown * Pinegrove
Summer Learning Summer Learning Summer Learning Summer Learning
•Delray Beach Library Summer Reading Program * Vill age Academy/Beacon Program Delray Beach Library Summer Reading Program * Vill age Academy/Beacon Program Delray Beach Library Summer Reading Program * Vill age Academy/Beacon Program Delray Beach Library Summer Reading Program * Vill age Academy/Beacon Program
NCL AWARD REQUIREMENTS
Award Award Award Award----winning communities will develop strategies in thr ee areas that have real potential to drive winning communities will develop strategies in thre e areas that have real potential to drive winning communities will develop strategies in thre e areas that have real potential to drive winning communities will develop strategies in thre e areas that have real potential to drive
improvement in grade improvement in grade improvement in grade improvement in grade----level reading level reading level reading level reading:
•School readiness School readiness School readiness School readiness ----too many young children show up for school not re ady to learn
•School Attendance School Attendance School Attendance School Attendance----too many children grades K-3 miss too many days of school
•Summer Learning Summer Learning Summer Learning Summer Learning -too many young children in the early grades lose g round over the summer
Successful Applicants must demonstrate the followin g:Successful Applicants must demonstrate the followin g:Successful Applicants must demonstrate the followin g:Successful Applicants must demonstrate the followin g:
•Detailed review of baseline data for each of the th ree focus areas and a thorough assessment of
local needs, interests, challenges and opportunitie s
•Comprehensive, innovative and evidence based strate gies to improve grade –level reading and
make measureable progress on all 3 focus areas by 2 015
•Evidence of broad public engagement involving group s such as parents, child care providers and
educators in a process that has the potential to pr oduce long term, sustainable solutions in each
of the three focus areas
•Evidence of significant cross-sector ( public, priv ate, philanthropic and faith) leadership and
support( local electd officials, United Way represe ntatives, school district officials, community
foundations, community based organizations, and bus iness and non-profit leaders
•Focus on the needs of young children in the context of families and neighborhoods in which they
live, with a special emphasis on children living in poverty
•Local capacity to to implement and sustain the plan successfully with ongoing efforts to track
outcomes/impact over time
NCL LETTER OF INTENT REQUIREMENTS
1. Contact information of the Leaders of your loca l Campaign 1. Contact information of the Leaders of your loca l Campaign 1. Contact information of the Leaders of your loca l Campaign 1. Contact information of the Leaders of your loca l Campaign
NCL LETTER OF INTENT REQUIREMENTS ( CONT’D)
2. Evidence of significant cross 2. Evidence of significant cross 2. Evidence of significant cross 2. Evidence of significant cross----sector support sector support sector support sector support
Steering Team Steering Team Steering Team Steering Team
Seth Bernstein, PhD Seth Bernstein, PhD Seth Bernstein, PhD Seth Bernstein, PhDProgram Director, Boystown Program Director, Boystown Program Director, Boystown Program Director, Boystown
Jenny Prior Jenny Prior Jenny Prior Jenny Prior----Brown Brown Brown BrownSchool Board Member, District 4 Palm Beach Cou nty School Board Member, District 4 Palm Beach County School Board Member, District 4 Palm Beach County School Board Member, District 4 Palm Beach County
Lula Butler Lula Butler Lula Butler Lula ButlerDirector of Community Improvement , City of Delray Beach Director of Community Improvement , City of Delray Beach Director of Community Improvement , City of Delray Beach Director of Community Improvement , City of Delray Beach
Marlene Campbell, PhD Marlene Campbell, PhD Marlene Campbell, PhD Marlene Campbell, PhDPrincipal, Pine Grove Elementa ry School Principal, Pine Grove Elementary School Principal, Pine Grove Elementary School Principal, Pine Grove Elementary School
Lydia Carreiro Lydia Carreiro Lydia Carreiro Lydia CarreiroTeacher Teacher Teacher Teacher, Banyan Creek Elementary School , Banyan Creek Elementary School , Banyan Creek Elementary School , Banyan Creek Elementary School
Rev. Kathleen Gannon Rev. Kathleen Gannon Rev. Kathleen Gannon Rev. Kathleen GannonSt. Paul’s Episcopal Church, Pa ul’s Place After School Care St. Paul’s Episcopal Church, Paul’s Place After Sch ool Care St. Paul’s Episcopal Church, Paul’s Place After Sch ool Care St. Paul’s Episcopal Church, Paul’s Place After Sch ool Care
Lynda Hunter, PhD Lynda Hunter, PhD Lynda Hunter, PhD Lynda Hunter, PhDChildren’s Services Directior, Del ray Beach Library Children’s Services Directior, Delray Beach Library Children’s Services Directior, Delray Beach Library Children’s Services Directior, Delray Beach Library
Nancy Hurd Nancy Hurd Nancy Hurd Nancy HurdDirector, Achievement Center for Children and Families Director, Achievement Center for Children and Famil ies Director, Achievement Center for Children and Famil ies Director, Achievement Center for Children and Famil ies
Debra Kaiser, PhD Debra Kaiser, PhD Debra Kaiser, PhD Debra Kaiser, PhDDelray Beach Education Board Delray Beach Education Board Delray Beach Education Board Delray Beach Education Board
J JJ John M Knight ohn M Knight ohn M Knight ohn M Knight State State State State C CC Coordinator, Children’s Movement of Florida oordinator, Children’s Movement of Florida oordinator, Children’s Movement of Florida oordinator, Children’s Movement of Florida
Darlene Kostrub Darlene Kostrub Darlene Kostrub Darlene KostrubPresident, Palm Beach County Literac y Coalition President, Palm Beach County Literacy Coalition President, Palm Beach County Literacy Coalition President, Palm Beach County Literacy Coalition
Michael Malone Michael Malone Michael Malone Michael Malone President, Delray Beach Chamber of Commerce President, Delray Beach Chamber of Commerce President, Delray Beach Chamber of Commerce President, Delray Beach Chamber of Commerce
Woodie McDuffie Woodie McDuffie Woodie McDuffie Woodie McDuffieMayor, City of Delray Beach Mayor, City of Delray Beach Mayor, City of Delray Beach Mayor, City of Delray Beach
Janet Meeks Janet Meeks Janet Meeks Janet MeeksEducation Coordinator, City of Delray Be ach Education Coordinator, City of Delray Beach Education Coordinator, City of Delray Beach Education Coordinator, City of Delray Beach
Derlene Pierre Derlene Pierre Derlene Pierre Derlene Pierre----Louise Louise Louise LouiseLocal Business Owner and Parent Local Business Owner and Parent Local Business Owner and Parent Local Business Owner and Parent
Linda Roman Linda Roman Linda Roman Linda RomanUnited Way of United Way of United Way of United Way of Palm Beach County Palm Beach County Palm Beach County Palm Beach County
Mary Swinford Mary Swinford Mary Swinford Mary SwinfordPrimetime PBC, Community Resource Mana ger Primetime PBC, Community Resource Manager Primetime PBC, Community Resource Manager Primetime PBC, Community Resource Manager
Sandra Weatherspoon Sandra Weatherspoon Sandra Weatherspoon Sandra WeatherspoonSchool District of Palm Beach Co unty School District of Palm Beach County School District of Palm Beach County School District of Palm Beach County
SCHOOL READINESS DATA-FAIR FROM FRNM.ORG SCHOOL SUCCESS REPORT
BY ENTERING GRADE , BY SCHOOL, % OF CHILDREN IN PE FORMANCE ZONE2011
school school school school 1 11 1
H HH H
1 11 1
M MM M
1 11 1
L LL L
2 22 2
H HH H
2 22 2
M MM M
2 22 2
L LL L
3 33 3
H HH H
3 33 3
M MM M
3 33 3
L LL L
4 4 4 4
H HH H
4 4 4 4
M MM M
4 4 4 4
L LL L
5 5 5 5
H HH H
5 5 5 5
M MM M
5 5 5 5
L LL L
BC 59365
MK
OV 71236 57321141451446729195923
PG 27684 38539156323492229471439
PL 78184 47361720621744449106722
SD 61317
VA 41544 414910206611512326402832
H= High success zone; 85% or higher chance of succe ss on year end outcome measure
M= Moderate success zone; 16-84% chance of success on year end outcome measure
L = Low success zone;15% or lower chance of success on year end outcome measure
SCHOOL READINESS DATA
•339 children attend VPK for school year 2011 339 children attend VPK for school year 2011 339 children attend VPK for school year 2011 339 children attend VPK for school year 2011----12 with 15 providers in Delray Beach 12 with 15 providers in Delray Beach 12 with 15 providers in Delray Beach 12 with 15 providers in Delray Beach
•FAIR-K: 11,620 children in Palm Beach County were screened. 7,553 (65%) were ready,
compared to 4,067 (35%) were not ready.
•Achievement CenterAnna YoungerBar&Ferg Daughter of Zion
•HeadstartKidsville Early Learning CenterOxford Acad emy Pine Grove
•Seacrest Christian Stepping Stones Learning Cen ter St. Vincent Ferrer
•Children’s NestA Reading and Math Academy Girl an d Boyland Village Academy
•Additionally approximately 140 attend daily presch ool with 2 Additionally approximately 140 attend daily presch ool with 2 Additionally approximately 140 attend daily presch ool with 2 Additionally approximately 140 attend daily presch ool with 2----6 hours of age 6 hours of age 6 hours of age 6 hours of age
appropriate curriculum appropriate curriculum appropriate curriculum appropriate curriculum
•Trinity Lutheran (70)St Paul’s Day School (27)
•Little Friends Learning Center* (25)UCA Happy Tots Care and Learning* (18)
•This snapshot does not tell us how many children ar e Delray Beach residents so we This snapshot does not tell us how many children ar e Delray Beach residents so we This snapshot does not tell us how many children ar e Delray Beach residents so we This snapshot does not tell us how many children ar e Delray Beach residents so we
can’t directly compare to the census figures of 578 4 year olds in 2010 can’t directly compare to the census figures of 578 4 year olds in 2010 can’t directly compare to the census figures of 578 4 year olds in 2010 can’t directly compare to the census figures of 578 4 year olds in 2010
* * * * Program for birth to 5yrs
Process Process Process Process
Goals Goals Goals Goals
NCL LETTER OF INTENT REQUIREMENTS ( CONT’D)
3. DESCRIPTION OF THE PROCESS AND POTENTIAL GOALS YOU WILL USE TO MOBILIZE AND SUSTAIN COMMUNITY GROUPS S UCH AS PARENTS,
CHILD CARE PROVIDERS AND EDUCATORS TO IMPROVE SCHOOL READINESS , ATTENDANCE AND SUMMER LEARNING
ATTENDANCE DATA FOR LAST 90 DAYS 2010-11
COURTESY DR. SETH BERNSTEIN, TERMS SCHOOL DISTRICT D ATABASE; STUDENTS MISSING 15 DAYS OF SCHOOL
School School School School K KK K# K # K # K # K
students students students students
1 11 1 st stst st # 1 # 1 # 1 # 1 st stst st
students students students students
2 22 2 nd nd nd nd # 2 # 2 # 2 # 2 nd nd nd nd
students students students students
3 33 3 rd rdrd rd # 3 # 3 # 3 # 3 rd rdrd rd
students students students students
4 44 4 th thth th # 4 # 4 # 4 # 4 th thth th
students students students students
Banyan711181214
Morikami 2777
Orchard102678411081034
Pine
Grove
18694
Plumosa3964
Spady151001297179588710
Village0000
Process Process Process Process
Goals Goals Goals Goals
NCL LETTER OF INTENT REQUIREMENTS ( CONT’D)
3. 3. 3. 3. DESCRIPTION OF THE PROCESS AND POTENTIAL GOALS YOU WILL USE TO MOBILIZE AND SUSTAIN COMMUNITY GROUPS S UCH AS PARENTS,
CHILD CARE PROVIDERS AND EDUCATORS TO IMPROVE SCHOO L READINESS, ATTENDANCE AND SUMMER LEARNING
Summer Learning Summer Learning Summer Learning Summer Learning
•Over 20 providers serve 1073 Over 20 providers serve 1073 Over 20 providers serve 1073 Over 20 providers serve 1073
(?)(?)(?)(?)students with summer care students with summer care students with summer care students with summer care
•Majority (60%) of programs state Majority (60%) of programs state Majority (60%) of programs state Majority (60%) of programs state
1 hr of daily reading/academics/ 1 hr of daily reading/academics/ 1 hr of daily reading/academics/ 1 hr of daily reading/academics/
enrichment enrichment enrichment enrichment
•Johns Hopkin recommends a Johns Hopkin recommends a Johns Hopkin recommends a Johns Hopkin recommends a
minimum of 2 and preferred 6 hr minimum of 2 and preferred 6 hr minimum of 2 and preferred 6 hr minimum of 2 and preferred 6 hr
per day to stem summer learning per day to stem summer learning per day to stem summer learning per day to stem summer learning
loss, especially in low income loss, especially in low income loss, especially in low income loss, especially in low income
children children children children
•433 students (40%) have 2 433 students (40%) have 2 433 students (40%) have 2 433 students (40%) have 2----6 6 6 6
hours of defined curriculum hours of defined curriculum hours of defined curriculum hours of defined curriculum
•West Park Baptist Achievement Center
•Bar&Ferg Daughter of Zion Oxford
•Milagro
After School After School After School After School
•Over 20 providers serve 813 Over 20 providers serve 813 Over 20 providers serve 813 Over 20 providers serve 813
(?)students with after school (?)students with after school (?)students with after school (?)students with after school
care care care care
•Less than 20% proivide Less than 20% proivide Less than 20% proivide Less than 20% proivide
enrichment beyond homework enrichment beyond homework enrichment beyond homework enrichment beyond homework
help help help help
•Milagro and Achievement Center Milagro and Achievement Center Milagro and Achievement Center Milagro and Achievement Center
have highly focussed/structured have highly focussed/structured have highly focussed/structured have highly focussed/structured
programs programs programs programs
SUMMER LEARNING AND AFTER SCHOOL PROGRAMS
1999 STUDENTS (2010 CENSUS DATA) ARE AGES 5-8 YRS---K-3 RD GRADE
Process Process Process Process
Goals Goals Goals Goals
LETTER OF INTENT REQUIREMENTS (CONT’D)
3 33 3. DESCRIPTION OF THE PROCESS AND POTENTIAL GOALS YOU WILL USE TO MOBILIZE AND SUSTAIN COMMUNITY GROU PS SUCH AS PARENTS,
CHILDCARE PROVIDERS AND EDUCATORS TO PROMOTE SCHOOL READINESS, ATTENDANCE AND SUMMER LEARNING
LETTER OF INTENT REQUIREMENTS (CON’T)
4. BASELINE DATA (OR A PLAN FOR HOW YOU WILL OBTAIN IT) O N LEVELS OF THIRD GRADE READING
PROFICIENCY,SCHOOL READINESS, ATTENDANCE, AND SUMMER LEARNING INYOUR COMMUNITY
.Third Grade Reading Proficiency will be obtained from state
wide FCAT results and/or Committee recommendations
School Readiness will be obtained from Delray Beach
Elementary FAIR reports for 2007-10 entering
kindergarten classes
Attendance Reports will be obtained for each student by
each elementary school to determine averages and
identifiy chronic/habitual levels.
Summer Learning Programs will be researched across the
community providers and compiled by the Delray Beach
Education Board
Discussion and Next Steps Discussion and Next Steps Discussion and Next Steps Discussion and Next Steps
Meeting Dates Meeting Dates Meeting Dates Meeting Dates
APPLICATION REQ’TS 1.1.1.1.DETAILED REVIEW OF BASELINE DATA FOR EACH OF THE TH REE
FOCUS AREAS AND A THOROUGH ASSESSMENT OF LOCAL NEED S, INTERESTS,CHALLENGES AND OPPORTUNITIES
APPLICATION REQ’TS 2. COMPREHENSIVE ,INNOVATIVE AND EVIDENCE BASED STRATE GIES TO
IMPROVE GRADE LEVEL READING AND MAKE MEASUREABLE PR OGRESS ON ALLTHREE FOCUS AREAS BY 2015
Grade Level Reading Grade Level Reading Grade Level Reading Grade Level Reading
School Readiness School Readiness School Readiness School Readiness
School Attendance School Attendance School Attendance School Attendance
Summer Learning Summer Learning Summer Learning Summer Learning
APPLICATION REQ’TS 3. EVIDENCE OF BRAOD PUBLIC ENGAGEMENT INVOLVING PAREN TS,
CHILD CARE PROVIDERS, AND EDUCATORS IN A PROCESS TH AT HAS POTENTIAL TO PRODUCE LONG TERM, SUSTAINABLE SOLUTIONS
IN EACH OF THE 3 FOCUS AREAS .
APPLICATION REQ’TS 4. EVIDENCE OF SIGNIFICANT CROSS SECTOR LEADERSHIP AND
SUPPORT-LOCAL ELECTED OFFICIALS, UNITED WAY, SCHOOL DISTRICT OFFICIALS, COMMUNITY FOUNDATIONS, COMMUNI TY BASED
ORGANIZATIONS, BUSINESS AND NON PROFIT LEADERS
APPLICATION REQ’TS 5. FOCUS ON THE NEEDS OF YOUNG CHILDREN INT THE CONTEX T OF
FAMILIES AND NEIGHBORHOODS IN WHICH THEY LIVE, WITH SP ECIAL EMPHASIS ON CHILDREN LIVING IN POVERTY
APPLICATION REQ’TS 6. LOCAL CAPACITY TO IMPLEMENT AND SUSTAIN THE PLA N
SUCCESSFULLY WITH ONGOING EFFORTS TO TRACK OUTCOMES OVER TIME.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH:City Manager
DATE:September 22, 2011
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
RESOLUTION NO. 50 -11/BLOCK 11 ALLEYWAY ABANDONMENT
ITEM BEFORE COMMISSION
The item before the Commission is consideration of abandonment of a portion of a 16’ north-south alley
within Block 11, Osceola Park, located midway betwe en SE 7th Street and SE 6th Street, pursuant to
LDR Section 2.4.6(M), Abandonment of Rights-of-Way. A water/sewer easement is being retained over
the entire area.
BACKGROUND
The subject paved alleyway was dedicated with the r ecording of the Osceola Park Plat (Plat Book 3,
Page 2) on January 17, 1913. The north-south alley provides access between SE 6th Street a nd SE 7th
Street. The abandonment area is a 16’ x 303.22’ rectangular shaped parcel containing approximately
4,851 sq. ft. (0.1114 acres). The abandonment reque st was submitted by Delray Eleven, LLC, which
owns the twelve lots abutting either side of the pr oposed abandonment area. A replat of the aggregated
parcels and abandoned portion of the alley is curre ntly in process.
Although this abandonment was previously approved b y the City Commission on October 5, 2011 via
Resolution 57-10, the attachment to the Resolution depicted the w rong legal description for the
abandonment area. This error has been corrected and the abandonment is again before the City
Commission for final approval.
REVIEW BY OTHERS
Development Services Management Group (DSMG): On July 15, 2010, the DSMG reviewed the
alleyway abandonment request and recommended approv al, subject to retention of an easement to cover
existing sanitary sewer utilities.
Community Redevelopment Agency (CRA): On August 12, 2010, the CRA reviewed the alleyway
abandonment request and unanimously recommended app roval.
Planning and Zoning Board: On August 23, 2010 the Planning and Zoning Board r eviewed the
abandonment request and unanimously recommended app roval to the City Commission, subject to
establishment of utility easements over the entiret y of the abandonment area as identified in the atta ched
staff report. These easements are to be retained by the City until such time when it is necessary and
appropriate for the developer to abandon these ease ments in favor of their replacement easements, if
utilities are rerouted..
Environmental Services Department: The City Engineer has asked that a 16’ water and sewer utility
easement be retained over the area proposed for aba ndonment in favor of the City until all utilities
within the abandonment areas are relocated. A repl acement easement has already been recorded.
FPL (Florida Power and Light):
FPL has reviewed the abandonment request and has id entified the need for establishment of an
exclusive easement for existing overhead utilities situated within the proposed alleyway abandonment
area. This will be accommodated with the required r eplat of the project. Consequently, the applicant
has acquired estimates of $3,913.23 to remove the f acilities south of Lot 3 and $3,578.65 to relocate the
utility pole at the southwest corner of Lot 1 to th e northwest corner of Lot 1. If mutually agreed upo n,
the property owner (Delray Eleven, LLC) shall incur the costs of these improvements and an exclusive
easement will not be deemed necessary.
FPU (Florida Public Utilities):
FPU has reviewed the abandonment request and has no objection. It is noted that a 2” gas main which
runs within the alley between SE 7th Street and end s at SE 6th Street stops just north of the proposed
abandonment area, thus service is unaffected.
AT&T/BellSouth Telephone Company:
AT&T has reviewed the abandonment request and has n o objection. It is noted that the cost for
relocation of any existing facilities shall be at t he property owner’s expense. Any issues as they relate to
relocation of AT&T utilities will be accommodated w ith the required replat of the project.
Comcast Cable:
Comcast Cable has reviewed the abandonment request and has no objection. However, they have
identified the need for abandonment of existing uti lities located within the alleyway. The cost
associated with complete removal will be incurred b y the owner (Delray Eleven, LLC).
RECOMMENDATION
By motion, move approval of the abandonment of the southernmost 303.22’ of the north-south alley
lying within Block 11, Osceola Park, based upon pos itive findings with respect to LDR Section 2.4.6(O)
(5), subject to the following conditions:
1.That a replat of the aggregated parcels and abandon ed portion of the alley be processed and
recorded with redevelopment of the site.
RESOLUTION NO. 50-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING AN ALLEY RIGHT-OF-WAY, AS MORE
FULLY DESCRIBED IN EXHIBIT “A”, BUT RESERVING
AND RETAINING TO THE CITY A WATER/SEWER
EASEMENT OVER THE ENTIRE AREA THEREOF AS MORE
PARTICULARLY DESCRIBED HEREIN.
WHEREAS, the City of Delray Beach, Florida, receiv ed an application for abandonment of
an alley right-of-way, as more particularly describ ed in Exhibit “A”; said alley right-of-way being
located between Lots 4-9 and Lots 10-15 of Block 11, Osceola P ark; and
WHEREAS, the application for abandonment of said r ight-of-way was processed pursuant
to Section 2.4.6(O), “Abandonment of Rights-of-Way”, of the Land Development Regulations of
the City of Delray Beach, Florida; and
WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), t he Planning and Zoning Board, as
Local Planning Agency, formally reviewed the matter at a pub lic hearing on September 20, 2010, and
voted 7 to 0 to recommend approval of the abandonmen t, based upon positive findings with respect
to LDR Section 2.4.6(O)(5), and subject to the cond ition that a water/sewer easement be retained
over the entire area; and
WHEREAS, pursuant to LDR Section 2.4.6(O), the app lication was forwarded to the City
Commission with the recommendation that the abandon ment be approved, based upon positive
findings; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR
Section 2.4.6(O)(5) find that there is no need for the use of the right-of-way for a public purpose;
the abandonment will not prevent access to a lot of record; and the abandonment will not result in
detriment to the provision of utility services or a ccess to adjacent properties or the general area an d
deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-
way, as more particularly described in Exhibit “A”, but does not abandon and retains and reserves
unto itself an easement over the entire area thereo f, as more particularly described herein, for the
purpose of emergency access and constructing and/or maintaining any improvements including,
either over or under the surface, pipes for water/s ewer or for any infrastructure associated with
water/sewer owned by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That the foregoing recitals are hereby incorpor ated herein by this reference.
2 ORD. NO. 50-11
Section 2. That pursuant to Chapter 177.101(5) and C hapter 166 of the Florida
Statutes, it is hereby determined to vacate and aba ndon all right and interest it holds to the
following real property, for right-of-way purposes only, but does not abandon and retains and
reserves unto itself a utility easement over the en tire area thereof, for the purpose of emergency
access and constructing and/or maintaining either o ver or under the surface, pipes for sewer/water
or for any infrastructure associated with water/sew er owned by the City, more particularly
described as follows:
See, Exhibit “A”
PASSED AND ADOPTED in regular session on this the _______ day of
________________, 2011.
______________________________________
M A Y O R
ATTEST:
__________________________________
CITY CLERK
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:September 16, 2011
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
CHANGE ORDER NO. 1/INTERCOUNTY ENGINEERING, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to approve Chang e Order No. 1 (CO#1) to Intercounty Engineering,
Inc. for a contract time extension of seven (7) day s; and for the total amount of $18,321.82 to be pa id
out of the Contract's Utility Allowance for additio nal scope required for installation of a water main in a
new location, a reverse tap, and repairs to a 2" wa ter main; for the Osceola Park Water Main Phase 2
Project #2010-082.
BACKGROUND
On June 7, 2011, the Commission approved a Contract Award to Intercounty Engineering, Inc. The
scope of the project generally consists of installi ng approximately 5,340 linear feet of 8 inch Ductil e
Iron Pipe water main, connection of water services, and installation of fire hydrants. This project al so
includes clearing and grubbing, sodded swale, aspha lt trench repair, driveway apron replacement,
drainage, and maintenance of traffic.
Change Order No. 1 is for a contract time extension of seven (7) days as detailed below. The addition al
scope required for the installation of the water ma in in a different location is due to a conflict wit h an
existing sewer main. The water main, originally to be installed in the swale area, will now be instal led
in the roadway. This request is primarily for the trench restoration required for the new location (t he
water main installation will be paid under the spec ified contract line item), as well as fittings to b ring
the pipe back to the original alignment, in the amo unt of $11,177.47. In addition, installation of a
reverse tap was required to resolve an unforeseen c onflict with a duct bank, in the amount of $6,413.5 9;
and an existing 2" main, which was damaged during e xcavation, and was unknown to exist at its
location, had to be repaired in the amount of $730.76; for a total amount of $18,321.82 to be paid out of
the contract's Utility Allowance Line Item.
Amount Item Add'l Days Exhibit
$11,177.47 Relocation of Proposed Water Main 5 Exhibit "A"
$ 6,413.59 Reverse Tap Installation 1 Exhibit "B"
$ 730.76 Water Main Repair 1 Exhibit "C"
$18,321.82 Total Additional Cost 7 Total Add'l. Days
The Utility Allowance has a current balance of $50,000.00.
Exhibits "A", "B", and "C" to CO #1 are attached. Also attached, is a Location Map.
FUNDING SOURCE
Cost to be funded out of the Contract's Utility All owance.
RECOMMENDATION
Staff recommends approval of Change Order No. 1 to Intercounty Engineering, Inc. for a contract time
extension of seven (7) days; and for the total amou nt of $18,321.82 to be paid out of the Contract's
Utility Allowance for additional scope required for installation of the water main in a different loca tion,
a reverse tap, and repairs to a 2" water main; for the Osceola Park Water Main Phase 2 Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:September 19, 2011
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
CHANGE ORDER NO. 1/SPEARHEAD DEVELOPMENT GROUP, INC .
ITEM BEFORE COMMISSION
This item is before the Commission to approve Chang e Order No. 1 (CO#1) in the amount of
$24,118.80 for additional scope needed for driveway reconstruction to meet ADA requirements; and for
a contract time extension of thirty (30) days; for the Community Improvement (SW Area) Sidewalks
Project #2009-039.
BACKGROUND
On May 3, 2011, Commission approved a Contract Awar d to Spearhead Development Group, Inc. in
the amount of $102,999.80 for the construction of s idewalk improvements in the NW/SW areas of the
City. The scope includes: clearing and grubbing, sidewalk construction and swale sodding.
CO #1 is for driveway reconstruction, due to slope issues, to meet ADA requirements; and a contract
time extension of thirty (30) days to complete the work. As existing driveway aprons are encountered
during sidewalk construction, plans call for matchi ng existing aprons if they are concrete, or cutting
existing aprons and pouring the sidewalk through th em if they are asphalt. ADA regulations require
that sidewalk cross slopes not exceed 2%. If an ex isting driveway apron exceeds the maximum 2%
slope, it must be completely removed so the sidewal k can be constructed in conformance with the ADA
cross slope requirement. The driveway apron is the n replaced between the front of the sidewalk the an d
the edge of roadway.
Exhibit "A" to CO #1 is attached. A Location Map i s also attached.
FUNDING SOURCE
Funding is available from 118-1965-554-63.11 (Neighborhood Services/Improvements
Other/Bikepaths/Sidewalks).
RECOMMENDATION
Staff recommends approval of Change Order No. 1 in the amount of $24,118.80 for additional driveway
reconstruction needed to meet ADA requirements; and for a contract time extension of thirty (30) days;
for the Community Improvement (SW Area) Sidewalks P roject.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Timothy T. Tack, P.E., Project Manager ESD/CRA
Richard C. Hasko, PE, Environmental Services Direct or
THROUGH:David T. Harden, City Manager
DATE:September 22, 2011
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
CONTRACT AWARD / FOSTER MARINE CONTRACTOR'S, INC./ AUBU RN AVE
IMPROVEMENT
ITEM BEFORE COMMISSION
Request for Commission approval/authorization for t he Mayor to execute the construction contract with
Foster Marine Contractors, Inc. for construction of the Auburn Avenue Improvement Project in
the amount of $1,156,896.00. P/N 2010-040.
BACKGROUND
This project is in coordination with the Community Redevelopment Agency and Palm Beach County,
and is part of the Southwest Area Neighborhood Rede velopment Plan. The project is partially funded
under a grant from the Disaster Recovery Initiative Program, between Palm Beach County and the State
of Florida, Department of Community Affairs (DCA) a nd will allow for reimbursement from Palm
Beach County to the City of up to $1,000,000.00 for the improvements associated with the project.
This project consists of Roadway and Infrastructure Improvements on Auburn Avenue from Auburn
Drive to SW 8 th Street, SW 12th and 13th Avenue fr om SW 8th Street to SW 10th Street, SW 8th
Street from SW 14th Avenue to SW 12th Avenue, and S W 10th Street from SW 14th Avenue to SW
12th Avenue. The scope of the project includes ro adway resurfacing and reconstruction, sidewalks,
landscaping, design-build irrigation specifications , paver cross-walks, drainage improvements, on street
parking, and bus shelters.
SW 12th and 13th Avenue from SW 8th Street to SW 10 th Street, SW 8th Street from SW 14th Avenue
to SW 12th Avenue, and SW 10th Street from SW 14th Avenue to SW 12th Avenue will additionally
include City funded new water and sewer infrastruct ure.
On February 9, 2011, at 9:00 AM, bids were received by the City of Delray Beach for the Auburn
Avenue Improvements Project. Four (4) bids were rec eived as follows:
Name of Bidder Amount of Bid
The City reviewed the bid proposals submitted by ea ch of the contractors and found no mathematical
errors on any of the bids. In reviewing the submitt als for completeness and conformance with bidding
requirements, it was determined that Williams Pavin g was not a prequalified contractor with the City.
On that basis, their proposal was not considered.
On February 25, 2011, the City acknowledged Chaz Eq uipment as the lowest responsive bidder
and forwarded the bid award recomendation package t o Palm Beach County Department of Housing
and Community Development (HCD) and DCA for review and approval. On March 22, 2011, HCD
notified the City that the Chaz Equipment approval package was under review by the DCA and they
were inquiring about an ongoing investigation of Ch az Equipment by the State Attorney.
During this same time frame, the City, being aware of the investigation, acted to revoke the
prequalification status of Chaz Equipment Company, Inc., resulting in their disqualification from this
bid award. Foster Marine Contractors, Inc. became the lowest responsive bidder. On May 6, 2011, the
City notified HCD and DCA of the change in bid awar d recommendation and forwarded the Foster
Marine approval package to HCD and DCA for review a nd approval. On September 6, 2011, HCD
acknowledged that the Bid Award to Foster Marine Co ntractors, Inc. had been reviewed and approved.
With the completion of the review and approval proc ess through County and State agencies, staff is
bringing forward the recommendation for contract aw ard to Foster Marine Contractors, Inc . in the
amount of $ 1,156,896.00 for Commission approval.
1 Chaz Equipment Company, Inc. $988,851.75
2 Foster Marine Contractors, Inc. $1,156,896.00
3 Williams Paving $1,163,903.50
4 Rosso Paving & Drainage, Inc. $1,277,974.40
FUNDING SOURCE
The Funding Source is as follows:
$790,059.00 from account #334-3162-541.68-65
$366,837.00 from account #442-5178-536.68-50 upon b udget transfer
RECOMMENDATION
Staff Recommends Approval
1
Tack, Tim
From:Joe Greco <JGreco2@pbcgov.org>
Sent:Tuesday, September 06, 2011 8:56 AM
To:Tack, Tim
Cc:Bud Cheney
Subject:DRI 3 - Auburn Avenue Improvements
Attachments:FL100330Mod1.wpd; FL100272Mod3.wpd; De lray_Beach_Street_Improvs.pdf
Tim:The State has approved both the plans and specifications and Foster Marine Contractor’s,Inc.subject to the
following:
x The construction contract may not be executed between the City and the contractor until the County
has received a time extension for the grant program funding this activity.The County expects this
approval later this month.
x The City must issue a change order to the contractor and the executed change order must be forwarded
by the County to the State for their files.The change order must contain the attached documents:
o Wage Decision FL 20100272 –3 (Heavy)
o Wage Decision FL 20100330 –1 (Highway)
o CDBG Supplemental Conditions
x The contractor has indicated that he will be hiring two equipment operators and three laborers for this
project.The State requires the City obtain,and forward to the County,documentation of the
contractor’s efforts to hire Section 3 workers.This is very important.Please get with the contractor to
ensure that his efforts are documented.See Section 3 language for compliance procedures.
The County will be issuing the above instructions via formal letter but wanted to get this to you today so that you can
get the process moving.
You can get your agenda item process underway and make the item and contract execution date effective on the date of
DCA’s approval of the County’s extension.
Who should the letter go to:Name &Address please!
Call me if you have any questions.(233
1
Hasko, Richard
From:Tack, Tim
Sent:Wednesday, September 28, 2011 10:38 AM
To:Hasko, Richard
Cc:Kucmerowski, Carolanne
Subject:FW: Auburn Ave. Improvements
Richard,
Below is the approval to award the Auburn Avenue Project contract to Foster Marine.
Thanks,
Project Manager, ESD/CRA
City of Delray Beach
561-243-7315
From: Joe Greco [mailto:JGreco2@pbcgov.org]
Sent: Monday, September 12, 2011 10:44 AM
To: Tack, Tim
Cc: Bud Cheney
Subject: Auburn Ave. Improvements
Tim:The County has received the extension of the Grant funds that we had discussed last week.The end date is now
10/21/12.
The City may award the contract at their next opportunity.
Keep me posted.
Joe
Under Florida law, e-mail addresses are public records. If you do not want your e-mail addres s released in response to a
public records request, do not send electronic mail to this ent ity. Instead, contact this office by phone or in writing.
1
Tack, Tim
From:Tack, Tim
Sent:Friday, May 06, 2011 11:31 AM
To:'Amin Houry'
Cc:Joe Greco
Subject:RE: Auburn Street Improv ements - Chaz Equipment
Attachments:20110506112342212.pdf
Amin,
Attached is the revised bid award package for approval of award to Foster Marine.Please review and comment.I will
send the original upon your request.
Respectfully,
Project Manager, ESD/CRA
City of Delray Beach
561-243-7315
From: Amin Houry [mailto:AHoury@pbcgov.org]
Sent: Friday, March 25, 2011 12:04 PM
To: Tack, Tim
Cc: Joe Greco; Krejcarek, Randal; Bud Cheney
Subject: RE: Auburn Street Improvements - Chaz Equipment
Tim
We will need to submit new forms to the State that are asso ciated with the revised recommendation to award to Foster
Marine. Please provide the below described forms to us. We will forward to the State and seek approval to award to
Foster Marine.
- Attached is a Bidding Information and Contractor Eligib ility form partially completed with Foster Marine’s
information in it. Please complete t he form and return the original to us.
- Attached are the Section 3 forms to be completed in connecti on with the award to Foster Marine. Please have
these completed by the prime contractor and subcontractors.
In addition, please provide the following fr om the bid documents submitted to you:
- a copy of Foster Marine’s bid bond
- copies of the six forms included in our “Requirements for Federally Funded Projects” fully executed by Foster
Marine
- a copy of the MBE/WBE Participation form completed by Fo ster Marine and copies of certifications as required in
said form.
Please contact me if you have any questions.
Amin Houry
Manager, Housing and Capital Improvements
Dept. of Housing & Community Development
Palm Beach County
100 Australian Avenue, Suite 500
West Palm Beach, FL 33406
2
Phone: (561) 233-3625 - Fax: (561) 656-7565
E-mail: ahoury@pbcgov.com
From: Tack, Tim [mailto:tack@mydelraybeach.com]
Sent: Wednesday, March 23, 2011 10:11 AM
To: Amin Houry
Cc: Joe Greco; Krejcarek, Randal
Subject: FW: Auburn Street Improvements - Chaz Equipment
Amin,
The City of Delray Beach will be recommending award to the second bidder,Foster Marine.Please let me know what I
need to do to proceed in this direction.The schedule for this project is going to be severely impacted by these
unforeseen circumstances.I think it would be prudent for the City to respectfully request a six month extension on the
funding.
Your cooperation is greatly appreciated in this matter.
Respectfully,
Project Manager, ESD/CRA
City of Delray Beach
561-243-7315
From: Hasko, Richard
Sent: Wednesday, March 23, 2011 8:56 AM
To: Tack, Tim; Krejcarek, Randal
Subject: RE: Auburn Street Improvements - Chaz Equipment
We will be recommending award to the second bidder, Fost er Marine. We have notified Chaz that they have
been removed from the City’s list of prequalified contractors.
Richard C. Hasko, P.E.
Environmental Services Director
voice: (561) 243-7336
FAX: (561) 243-7060
email: hasko@mydelraybeach.com
http://www.epa.gov/watersense/
3
From: Tack, Tim
Sent: Wednesday, March 23, 2011 8:53 AM
To: Krejcarek, Randal; Hasko, Richard
Subject: FW: Auburn Street Improvements - Chaz Equipment
Gentlemen,
Below,is the latest update from the County on Auburn Avenue Improvements project.Please provide direction in this
matter.
Thanks,
Project Manager, ESD/CRA
City of Delray Beach
561-243-7315
From: Amin Houry [mailto:AHoury@pbcgov.org]
Sent: Tuesday, March 22, 2011 4:30 PM
To: Tack, Tim
Cc: Joe Greco; Edward Lowery; Bud Cheney; Tammy Fields K.
Subject: Auburn Street Improvements - Chaz Equipment
Tim
In light of the newspaper article about Chaz, is t he City reconsidering the award of this project?
The State DCA has inquired of us about this matter, as this ha s come to their attention and they have indicated that they
will be contacting their legal coun sel. Please note that our request for approval to award the contract to Chaz is presently
at DCA and DCA stated that they will not act on it until they hear back from us and until after they have received advice
from their counsel.
Amin Houry
Manager, Housing and Capital Improvements
Dept. of Housing & Community Development
Palm Beach County
100 Australian Avenue, Suite 500
West Palm Beach, FL 33406
Phone: (561) 233-3625 - Fax: (561) 656-7565
E-mail: ahoury@pbcgov.com
Under Florida law, e-mail addresses are public records. If you do not want your e-mail addres s released in response to a
public records request, do not send electronic mail to this ent ity. Instead, contact this office by phone or in writing.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Timothy T. Tack, P.E., Project Manager ESD/CRA
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:September 26, 2011
SUBJECT:AGENDA ITEM 8.D.1 - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
CHANGE ORDER NO. 1/FOSTER MARINE CONTRACTOR'S, INC.
ITEM BEFORE COMMISSION
Request for Commission approval/authorization for t he Mayor to execute change order #1 with Foster
Marine Contractors, Inc. for the Auburn Avenue Imp rovement Project. P/N 2010-040.
BACKGROUND
On February 9, 2011, at 9:00 AM, bids were received by the City of Delray Beach for the Auburn
Avenue Improvements Project. On September 6, 2011, Palm Beach County Department of Housing and
Community Development (HCD) acknowledged that the B id Award to Foster Marine Contractors, Inc.
had been reviewed and approved. Due to the extended timeframe required for State of Florida,
Department of Community Affairs (DCA) Approval of t he project, documentation required for federally
funded projects must be updated in the contract.
The change order includes the following documents t o be replaced as part of the construction contract:
o Wage Decision FL 20100272 – 3 (Heavy)
o Wage Decision FL 20100330 – 1 (Highway)
o CDBG Supplemental Conditions
RECOMMENDATION
Staff Recommends Approval
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 PROJECT NO. 2010-040 DATE:
PROJECT TITLE: Auburn Avenue Improvements Project
TO CONTRACTOR: Foster Marine Contractors, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLA NS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGL Y, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
________________________________________________________________________________________________________
JUSTIFICATION:
The City must issue a change order to the contractor and the executed change order must be forwarded by the County
to the State for their files.Due to the extended timeframe required for State Approval of the project,documentation
required for federally funded projects must be updated in the contract.The change order must contain the following
documents:
o Wage Decision FL 20100272 –3 (Heavy)
o Wage Decision FL 20100330 –1 (Highway)
o CDBG Supplemental Conditions
SUMMARY OF CONTRACT AMOUNT/CHANGES
ORIGINAL CONTRACT AMOUNT $ 1,156,896.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 1,156,896.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 0.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE OR DER $ 1,156,896.00
TOTAL CONTRACT TIME WILL BE INCREASED BY 0 DAYS
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate
and that the prices quoted are fair and reasonable.
___________________________________________
Foster Marine Contractors, Inc.
(Contractor to sign & seal)
_________________________________________________________________________________________________________
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from account: N/A
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:__________________________ By: ____________________________________________
Environmental Services Mayor
ATTEST:
APPROVED: __________________________ By: ____________________________________________
City Attorney City Clerk
General Wage Decision Number: FL100272 01/21/2011 FL272
Superseded General Decision Number: FL080272
State: Florida
Construction Type: HEAVY CONSTRUCTION PROJECTS
(INCLUDING WATER AND SEWER LINES)
County: PALM BEACH COUNTY in Florida
Modification Number
Publication Date
0
03/12/2010
1
10/29/2010
2
11/19/2010
3
01/21/2011
S:\SHELLS\CapImprv\WageDecisions\2010\FL100272Mod3.wpd
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FL100272 Page: 1 of 4
COUNTY: PALM BEACH
ELEC0728-006 08/31/2009
Rates Fringes
ELECTRICIAN $28.46 $8.60
ENGI0487-014 01/01/2010
Rates Fringes
OPERATOR: Crane
All Tower Cranes Mobile, Rail, Climbers,
Static-Mount; All cranes with boom length 150
feet and over (with or without jib) Friction,
Hydraulic, Electric, or otherwise; Cranes 150
tons and over; Cranes with 3 drums (when 3 rd
drum is rigged for work); Gantry and
Overhead Cranes; Hydraulic Cranes over 25
tons but not more than 50 tons;
Hydraulic/Friction Cranes and all type of
Flying Cranes; Boom Truck
$28.30 $8.78
OPERATOR: Crane
Cranes with boom length less than 150 feet
(with or without jib); Hydraulic Cranes 25 tons
and under, and over 50 tons (with Oiler);
Boom Truck
$27.57 $8.78
OPERATOR: Drill $25.05 $8.78
OPERATOR: Oiler $22.24 $8.78
IRON0402-003 04/01/2009
Rates Fringes
IRONWORKER, STRUCTURAL $22.22 $7.65
LABO1652-004 05/01/2009
Rates Fringes
LABORER: Grade Checker $14.50 $4.67
PAIN0452-007 08/01/2010
Rates Fringes
PAINTER: Brush, Roller and Spray $16.00 $6.20
-------------------------------------------------------------------------------------------------------------------------------
FL100272 Page: 2 of 4
COUNTY: PALM BEACH
SUFL2009-169 06/24/2009
Rates Fringes
CARPENTER, including form work $17.00 $2.51
CEMENT MASON/CONCRETE FINISHER $16.93 -
LABORER: Common or General $10.64 -
LABORER: Landscape $7.25 -
LABORER: Pipelayer $14.00 -
LABORER: Power Tool Operator (Handheld
drills/Saws, Jackhammer, and Power saws
Only)
$10.63 $2.20
OPERATOR: Asphalt Paver $11.59 -
OPERATOR: Backhoe Loader Combo $16.10 $2.44
OPERATOR: Backhoe/Excavator $15.33 $3.60
OPERATOR: Blade/Grader $16.00 $2.84
OPERATOR: Bulldozer $14.95 $0.81
OPERATOR: Loader $16.05 -
OPERATOR: Mechanic $14.32 -
OPERATOR: Roller $10.95 -
OPERATOR: Scraper $11.00 $1.74
OPERATOR: Trackhoe $20.92 $5.50
OPERATOR: Tractor $10.54 -
TRUCK DRIVER: Lowboy Truck $12.73 -
TRUCK DRIVER: Off the Road Truck $12.21 $1.97
TRUCK DRIVER: Dump Truck $9.60 -
WELDERS - Receive rate prescribed for craft performing operation to
which welding is incidental.
-------------------------------------------------------------------------------------------------------------------------------
--
FL100272 Page: 3 of 4
Unlisted classifications needed for work not included within the scope of the classifications listed
may be added after award only as provided in the labor standa rds contract clauses (29 CFR
5.5(a)(1)(ii)).
In the listing above, the “SU” designation means that rates l isted under that identifier do not
reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions
whose rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? Thi s can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination
matter
* a conformance (additional classification and rate ) ruling
On survey related matters, initial contact, including requests fo r summaries of surveys, should
be with the Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, then the process described in 2.) and 3.)
should be followed.
With regard to any other matter not yet ripe for the formal pro cess described here, initial contact
should be with the Branch of Construction Wage Determination s. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an in terested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the interested party's position and by
any information (wage payment data, project description, area p ractice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the Administrative Review Board (formerly the Wage Appeals Board). Wri te to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
-------------------------------------------------------------------------------------------------------------------------------
--
FL100272 Page: 4 of 4
S:\SHELLS\CapImprv\WageDec isions\2010\FL100272Mod3.wpd
General Wage Decision Number: FL100330 01/21/2011 FL330
Superseded General Decision Number: FL080330
State: Florida
Construction Type: HIGHWAY
Counties in Florida:
PALM BEACH
HIGHWAY CONSTRUCTION PROJECTS
Modification Number
Publication Date
0
03/12/2010
1
01/21/2011
S:\SHELLS\CapImprv\WageDecisions\2010\FL100330Mod1.wpd
-------------------------------------------------------------------------------------------------------------------------------
-
FL100330 Page: 1 of 5
COUNTY: PALM BEACH
ELEC0728-007 08/31/2009
Rates Fringes
ELECTRICIAN $28.46 $8.60
ENGI0487-019 01/01/2010
Rates Fringes
OPERATOR: Oiler $22.24 $8.78
IRON0402-005 04/01/2009
Rates Fringes
IRONWORKER, STRUCTURAL $22.22 $7.65
SUFL2009-227 08/05/2009
Rates Fringes
CARPENTER, excluding form work $13.08 -
CEMENT MASON/CONCRETE FINISHER $13.22 $0.90
FORM WORKER $12.22 $3.37
HIGHWAY/PARKING LOT STRIPPING:
Operator (stripping machine)
$11.97 $2.23
HIGHWAY/PARKING LOT STRIPPING:
Painter
$14.38 $1.73
IRONWORKER, REINFORCING $15.00 $2.45
LABORER: Asphalt Raker $11.16 -
LABORER: Asphalt Shoveler $10.70 -
LABORER: Common or General $9.14 $0.93
LABORER: Flagger $11.00 $3.79
LABORER: Grade Checker $10.50 $0.54
LABORER: Landscape and Irrigation $9.98 -
LABORER: Luteman $10.32 -
LABORER: Mason Tender - Cement/Concrete $12.00 $1.80
LABORER: Pipelayer $13.50 $1.20
LABORER: Power Tool Operator (handheld
drills/saws, jackhammer and power saws)
$11.27 $2.33
-------------------------------------------------------------------------------------------------------------------------------
-
FL100330 Page: 2 of 5
OPERATOR: Asphalt Paver $12.94 -
OPERATOR: Asphalt Plant $12.20 -
OPERATOR: Asphalt Spreader $10.76 -
OPERATOR: Auger $19.40 $0.44
OPERATOR: Backhoe Loader Combo $18.00 $1.39
OPERATOR: Backhoe/Excavator $12.74 -
OPERATOR: Boom $16.61 -
OPERATOR: Bulldozer $15.08 $2.48
OPERATOR: Crane $18.13 -
OPERATOR: Distributor $12.33 -
OPERATOR: Drill $13.00 $1.59
OPERATOR: Grader/Blade $17.00 $1.63
OPERATOR: Loader $11.81 $0.75
OPERATOR: Mechanic $16.20 $3.25
OPERATOR: Milling Machine $11.50 $3.58
OPERATOR: Paver $18.00 $1.39
OPERATOR: Piledriver $14.15 $2.26
OPERATOR: Roller $11.20 -
OPERATOR: Scraper $12.31 $1.83
OPERATOR: Screed $13.23 -
OPERATOR: Tractor $13.00 $1.00
OPERATOR: Trencher $12.05 $0.40
PAINTER: Spray, and Steel $16.62 -
TRAFFIC SIGNALIZATION:
Traffic Signal Installation
$14.58 $0.65
TRUCK DRIVER: 10 Yard Haul Away Truck $12.50 -
TRUCK DRIVER: 3 Axle Truck $9.81 -
TRUCK DRIVER: 4 Axle Truck $12.01 $1.52
TRUCK DRIVER: Distributor $13.22 $2.01
TRUCK DRIVER: Dump Truck $10.84 $1.43
TRUCK DRIVER: Lowboy Truck $12.00 -
-------------------------------------------------------------------------------------------------------------------------------
-
FL100330 Page: 3 of 5
TRUCK DRIVER: Material Truck $13.15 $9.80
TRUCK DRIVER: Tractor Haul Truck $10.64 -
TRUCK DRIVER: Water Truck $10.50 -
TRUCK DRIVER: $10.29 $0.67
WELDERS - Receive rate prescribed for craft performing operation to
which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed
may be added after award only as provided in the labor standa rds contract clauses (29 CFR
5.5(a)(1)(ii)).
In the listing above, the “SU” designation means that rates l isted under that identifier do not
reflect collectively bargained wages and fringe benefit rates. Other designations indicate
unions whose rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? Thi s can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination
matter
* a conformance (additional classification and rate ) ruling.
On survey related matters, initial contact, including requests fo r summaries of surveys, should
be with the Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory, then the process described in 2.) and 3.)
should be followed.
With regard to any other matter not yet ripe for the formal pro cess described here, initial contact
should be with the Branch of Construction Wage Determination s. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an in terested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
-------------------------------------------------------------------------------------------------------------------------------
--
FL100330 Page: 4 of 5
The request should be accompanied by a full statement of the interested party's position and by
any information (wage payment data, project description, area p ractice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the Administrative Review Board (formerly the Wage Appeals Board). Wri te to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
-------------------------------------------------------------------------------------------------------------------------------
--
FL100330 Page: 5 of 5
S:\SHELLS\CapImprv\WageDec isions\2010\FL100330Mod1.wpd
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer
Richard C. Hasko, PE, Environmental Services Direct or
THROUGH:David T. Harden, City Manager
DATE:September 28, 2011
SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
SERVICE AUTHORIZATION NO. 07 -05.2/AECOM TECHNICAL SERVICES, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to approve Servi ce Authorization (SA) #07-05.2, with AECOM, for
the construction phase of Worthing Park. Cost of th is SA is $20,260.00. Project # 2006-061.
BACKGROUND
On April 6, 2010 Commission approved a consulting S ervice Authorization with AECOM for the
design of Worthing Park. A conceptual layout was pr ovided to AECOM that was to be the basis for the
redesign of the park. Over the months that followed several meetings took place with the owners of
Worthing Place in an effort to provide a design tha t would be acceptable to all parties. Plans were
recently finalized and AECOM provided final contrac t documents and construction drawings; the City
subsequently proceeded with the bid process and has recommended a contract award.
Upon approval, AECOM will conduct construction prog ress meetings, review shop drawings, provide
responses to requests for information, conduct peri odic site visits to observe compliance with the
requirements of the construction documents and cond uct a substantial completion inspection.
In addition, AECOM will modify structural design dr awings to accommodate the donated art sculpture
for the park.
FUNDING SOURCE
117-4133-572.68-19
RECOMMENDATION
Staff recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Rafael Ballestero, Deputy Director of Construc tion
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:September 22, 2011
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
CHANGE ORDER NO. 1/FOSTER MARINE CONTRACTORS, INC./SW 12TH/SW
14TH/AUBURN AVE
ITEM BEFORE COMMISSION
This item is before the Commission to approve Chang e Order No. 1 for additional scope in the total
amount of $16,907.80, for relocation of an addition al twenty-eight (28) sewer cleanouts; and to
approve $1,400.00 for the removal of two (2) inlets to be paid out of the contract's Unforeseen
Conditions Allowance; for the SW 12 Ave/Auburn/SW 1 4 Ave Project #2010-098.
BACKGROUND
On May 3, 2011, Commission approved a Contract Awar d to Foster Marine in the amount of
$1,586,019.82 for construction of improvements on S W 12 Ave./Auburn Ave./SW 14 Ave. from SW 10
St. to W. Atlantic Ave. The scope includes new pav ement, micro-surfacing, curbing, parallel parking,
drainage (including swales), water main upgrades, l andscaping, decorative street lights (SW 1st St to W.
Atlantic Ave) and paver crosswalks.
On June 23, 2011, the City Manager approved an addi tional cost in the amount of $4,150.82 for
electrical changes to provide LED street light fixt ures in lieu of metal halide fixtures; to be paid o ut of
the contract's Unforeseen Conditions Allowance. Th en on July 29, 2011, the City Manager approved an
additional cost in the amount of $6,301.46 for exca vation and disposal of debris encountered during
pipe installation; to be paid out of the Unforeseen Conditions Allowance.
On September 6, 2011, Commission approved additiona l scope consisting of the relocation of ten (10)
Sewer cleanouts between SW 3rd and 4th St. in the a mount of $6,038.50; to be paid out of the contract's
Unforeseen Conditions Allowance.
On September 20, 2011, Commission approved addition al scope in the total amount of $24,710.49 for
relocation of twelve (12) sewer laterals outside of the proposed sidewalk area in the block from SW 2n d
St. to SW 3rd St.; two (2) additional street light poles, due to the contractor not realizing that, wh en the
revised electrical plan was issued changing the met al halide fixtures to LED fixtures, two additional
poles were added; and the installation of 72 LF of concrete ribbon as requested by the CRA, for 242 SW
12 Ave.
Change Order No. 1 (CO #1) is for relocation of an additional twenty-eight sewer cleanouts out of the
area of the proposed sidewalk, in the amount of $16 ,907.80. Commission approval is also needed for a
cost of $1,400.00 for removal of two (2) existing i nlets. This request will be the last request for s ewer
cleanout relocations. The request is for the block from Atlantic Ave. to SW 1st St., as well as the b lock
from SW 1st St. to SW 2nd St. The quantity of 28 i ncludes all cleanouts located on these two blocks.
The possibility exists that not all of the cleanout s will need relocation, but staff is requesting fun ding for
all to prevent the need for further requests. Also, during construction it was discovered that there a re a
total of three (3) existing inlets to be removed; b ut the contract pay line item quantity is one (1).
Therefore, the cost of the removal of the two (2) a dditional existing inlets is not included in the co ntract
price.
The cost for the additional inlet work is $1,400.00 and will be paid from the contract's Unforeseen
Conditions Allowance which has an available balance of $8,798.73. Attached, please find the cost
details on Exhibits "A" & "B" to CO #1, and a Locat ion Map.
FUNDING SOURCE
$1,400.00 To be funded out of the Contract's Unfore seen Conditions Allowance; for the Inlets scope.
$16,907.80 To be funded from 442-5178-536-68.04 (Water/Sewer Renewal & Replacement
Fund/Improvements Other/SW 12 Av/Auburn/14 Av) afte r budget transfer; for the Sewer Cleanouts
scope.
RECOMMENDATION
Staff recommends approval of Change Order No. 1 for additional scope in the total amount of
$16,907.80, for relocation of an additional twenty-eight (28) sewer cleanouts; and approval for the
amount of $1,400.00 for the removal of two (2) inle ts to be paid out of the contract's Unforeseen
Conditions Allowance; for the SW 12 Ave/Auburn/SW 1 4 Ave Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Begoña Krane, Engineer
Richard C. Hasko, P.E., Environmental Servies Direc tor
THROUGH:David T. Harden, City Manager
DATE:September 26, 2011
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
REJECTION OF ALL BIDS/PAVEMENT ASSESSMENT PROJECT
ITEM BEFORE COMMISSION
This item is a staff recommendation that Commission reject all bids received for the City's Pavement
Assessment Project and authorize staff to rebid the project with a modified scope.
BACKGROUND
The Engineering Division developed a scope of servi ces for a city-wide pavement assessment program
for the purpose of establishing a criteria driven c ondition rating of all city streets to be used in
developing an asset management database for roadway related infrastructure. This database will be
used for determining priorities for annual street r econstruction funding as well as identifying the mo st
cost effective rehabilitation method for any partic ular street segment based on its condition. The sc ope
of services generally includes a roadway inventory and pavement condition analysis using GIS focused
technology compatible with the Cartegraph PavementV iew asset management module, and provision of
that Cartegraph module as a deliverable. Out-of-vehicle site survey and evaluation methods are
required as well as digital imagery of sample locat ions. A street sign inventory is also included in the
project scope. The budget for this project is $50,000.
Proposals for the performance of the project scope were solicited as RFP No. 2011-23, advertised on
July 24, 2011, and responses were opened on August 18, 2011. Only one responsive proposal was
received; submitted by Absolute Civil Engineering S olutions LLC, in the amount of $347,971.20. A
second proposal was received from Transmap Corporat ion, however the schedule of pricing in that
submittal was incomplete and, since a total dollar amount could not be determined, it was considered
nonresponsive. Subsequent inquiries by staff indic ate that the allocated budget is, in
fact, commensurate with the established scope with the exception of the provision of the Cartegraph
PavementView module.
Staff requests that Commission reject the proposal by Absolute Civil Engineering Solutions LLC., and
authorize rebidding of the project, removing the re quirement to provide the Cartegraph PavementView
module from the base scope.
RECOMMENDATION
Staff recommends rejection of all bids for the pave ment assessment project and rebidding the project
with a modified scope.
Adsolute Civil
Engineering
Solutions
LLC
ITEM EST.UNIT
No.DESCRIPTION UNIT QUAN.PRICETOTAL
1 Roadway Inventory and InspectionMile167611102,037.00 $
2 Parkin g Lot Inventor y and Ins p ectio n SF4357400.1252,288.80 $
3 Parkin g Lot Inventor y and Ins p ectio n Mile16736560,955.00 $
4 Di g ital Ima g es/Video (Parkin g Lot )SF4357400.0626,144.40 $
5 GIS Inte g ration Mile16723439,078.00 $
6 CarterGraphis’s Pavement View Sofware/License/Training/SupportMile16723439,078.00 $
TOTAL $319,581.20
Alternative A
A-1 sodding Mile 167 17028,390.00 $
-$
TOTAL $347,971.20
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v e
Do
v
e
r
R
d
Je ffe r s o n Rd
Hi
g
h
Po
i
n t
B
l
v
d
N
Cl
u
b
D
r
SW
15
t
h
T
er
Del Aire Blvd
143rd P l
C o
m
m
e r c e D r
SW 2 n d St
Gl
e
n
v
i ew
D
r
C
o
c
o
n
u
t
K
e
y L n
Su
t
to
n
P
l
S S he r wood Forest Dr
Al
m
a
r
B
l
v
d
E lm
hu
r
s
t
D
r
NW 3rd St
Le
e
R
d W
Circle Ter W
SW
2
0
th
T
e
r
S Driv e Te r
N W 2nd Ln
S W 2 7 t h T e r
NW 3rd D r
S u ns
e
t
P
i
n e s
Dr
K
n i g h t L n
Co
r
al
T
r
ac
e
L
n
Le
e
R
d
E
P i n e v i e w C i r
S Par Cir
E
a
s
t
D
r
W
il
d
w
o
o
d
D
r
S
H
i
g
h
P
o
in
t
P
l
Oakvi ew Ct
W e s t D r
S C l e a r b r o o k C i r
Pine Grove D r
C or
a
l
T
r
a
c
e
C
i
r
E
S D r iv
e
C
i
r
McN
a
b
R
d
Li
nc
ol
n
L
n
Ci
t
ru
s
W
a
y
N C l e a r b r o o k C i
r
C
o
r
a
l
T
r
a
c
e
C
i
r
W
S W 5 t h S t
La
n c as
t
e
r L
n
S W 1 0 t h C t
S La Se dona Cir
L a k e w o o d e C i r W
Fl
a
m
e
V
i
n
e
Av
e
NW 1st St
N La S edona C ir
W
A s to
r
C
i
r
Pine Lake Ct
Owens Ba ker Rd
F o u n t a i n s W a y
SW
H
i
g
h
P
oi
n
t
W
a
y
SE
H
ig
h
P
o
in
t
W
ay
Coral Trace Ci r S
High Point Ct W
Highland Ave
H ig h Po in t T er W
C o c o p l u m W a y
E F o x p o i n t e C i r
Re g al Ct S
R e g a l C
t
N
C o r a l T r a c e P l
Hi
g
h
P
o
i
n
t
D
r
E
L e e R d N
Ki
n
gs
l
e
y
P
l
H i g h P o i n t B l v d W
Lee Rd S
G r e e n s t o n e D r
W
Ch
r
y
s
t
i e
C
i
r
5 2n
d
A
v
e
S
N W 2 n d C t
N P
a
r
C
i
r
High P o int Ct E
E P
r
i
v
e
C
i
r
L a k e w o
o
d
e
C
i
r
E
E
A
s t or
C
i
r
S W 3rd St
E
C
hr
y
s
t
i
e
C ir
De
l
an
c
e
y
A
v
e
N
P
a
l
m
L
n
E
L
a
S
e
d
o
n
a
C
i
r
D o ctor C aro l Krol Way
N
W
2
4
t
h
A v
e
NW
4
0t
h
T
e
r
High Poi n t Way
N W 3 r d C t
I
-
9
5
I-
9
5
I-
9
5
I-
9
5
NW 3 rd St
High P oint Dr
I-
9
5
NW 2nd St
I
-
9
5
I- 9
5
Hi
gh
Po
i n
t
B
l
v
d
I
-
9
5
I-
9
5
NW 3rd S t
I ROAD NAME ATLAS BOOK CITY of DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT 02 SHEET
Lake Ida R d
Da
v
i
s
R
d
B ar
w
ic
k
R d
I-
9
5
S
M
i
l
i
t
ar
y
T
r
l
N orth Dr
N C
o
n
g
re
s
s Av
e
Village Dr
D orso n Way
N W 2 2 n d A v
e
Ang ler Dr
Bran don Dr
L one Pi ne Rd
N W 1 7 t h A v e
NW 3rd Ct
N W 6t h Ct
U d e l l L n
N W CS
X
R a il
ro
a
d
D o lphin Dr
NW 4 th St
NW 5th St
Nestin g Way
Riviera Dr
N W 1 0 t h S t
F en
t
o
n
D r
N W 6th St
N
W
2
0
t
h
A v
e
N W 1 8 t h A v e
N R a i n b e r r y C i r
M
o
d
e
r
n
D r
C or
a
l
W
a
y
NW 18 th St
N S a b a l L a k e s R d
F ernda l e Dr
S R a i n b e r r y C i r
Cort ez Ln
N
W 7 t h
C
t
B e x l e y P a r k D r W
N S atin Leaf C t
La
w
r
e
n
c
e
Rd
Highgat e D r
Blv d Chatel a ine
NW 15 th S t
Fe
rn
L
n
S S a b a l L a k e s R d
NW
3
7 th
A
v
e
133 r d Rd S
H ig h Po in t B lvd N
E
L
a n ce
w
o
o
d P
l
D e p o t A v e
Pinetree D r
NW 8t h St NW
2
3
r
d
L
n
NW 12th St
Su
n
f
l
o
w
e
r
A
ve
P
l C h a t
e
a
u
NW 9t h S t
Da nson Wa y
NW 3rd Dr
Country Manors Blvd
Pl
T
a
va
n
t
Sunri se Blvd
N W 4
6
t h
A
v
e
Ave V illan dry
R
i v
e r s i d e W a y
Cora l Trac e Cir N
N W 2 6 t h A v e
Palm Rid ge Blvd
W
M
a
g
n
o
l
i
a
C
i
r
Ave Montressor
Li
nc
ol
n
L
n
NW
4
5
t
h
D
r
Cl ass ica l Blv d S
N W 1 9 t h T e r
4
8
t
h
T r l S
NW
3
2
n
d
A
v
e
NW 1
3
t
h
C
t
Ro
s
s
D
r
Classic a l Blvd N
NW 14 th S t
N W
4
7
t
h
A
v
e
Ave Degien
R a i n b e r r y L a k e s D r
N M a g n o l i a C i r
C
l
a
s s i c a l B l v d E
NW
3
0
t
h
A
v
e
N
W
4
5
t
h
W
a
y
P l V a l e n c a y
N
W
2
5
t
h
A
v
e
NW 1 6th St
S S ea Grape Cir
E M a g n o l i a C i r
NW
5
1
s
t
A
v
e
NW 13th St
S Lancewood Pl
Sn
a
p
p
e
r
W
a
y
N W
3
1
s
t
A
v
e
E
S
a
t
i
n
L
e
a
f
C
t
NW
53
r
d A
v
e
N L a u r e l w o
o
d
L n
N Sea Grape Cir
N
W
2
4
t
h
A
v
e
Ave Se
r
r
a
n
t
B l u e b
i
r
d
L
n
NW 1 0th Pl
N
W
2
1
s
t
W
a
y
N W 1 5 t h P l
R
u
t
h
L
n
M e a d o w l a r k L n
La nce wood Pl
S
C
o
n
gr
e
s
s
A
v
e
N
W
2
1
s
t
T
e
r
Ri
d
g
ew
o
o
d
D
r
Fou
n
t
a
i
ns W
a
y
NW
3
9
t
h
A
ve
D o ctor C arol Krol Way
N
W
4
3
r
d
A
v
e
N W
2
2
n
d
C
t
P a l m R i d g e B l v d
N
W
2
0
t
h
A
v
e
N W 14 th St
NW 13th S t
An gler Dr
N
W
2
4
t
h
A
v
e
I -
9
5
NW 1 0 th Pl
N
W
2
3
r
d
L
n
N W 1 9 t h T e r
Do lphin D r
N W 1 0 t h S t
N W 12th S t
NW 10t h St
N W 7th Ct
N
C
o
ng
r
e
s
s
Av
e
NW
2
3
r
d
L
n
NW
2
5
th
A
v
e
NW
1
8t
h
Av
e
NW 7 t h Ct
N W 3rd Ct
N W 9t h S t
NW
1
2
t
h
S
t
N W 1 8 t h S t
C o r t e z L
n
N W 9 t h S t
N
W
1
9
t
h
T
e
r
I ROAD NAME ATLAS BOOK CITY of DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT 03 SHEET
I-
9
5
S
D
i
xi
e
H
w
y
S
F
e d er
a
l
H w y
W Linton Blvd
SE
FE
C
R
a i lr
o
a
d
S
C
o
n
g
r
e
s
s
A
v
e
Linde l l Blvd
SW
C
S
X
R
a
i
l
r
o
a
d
In
t
r
a
c
o
a
s
t al
W
a
t
e
r
w
a
y
S
O ce
a
n
B
l
v
d
F
l
o
r
i
d
a
B
l
v
d
Eve St
S W
4
t
h
A
v
e
SW
1
0
t
h
A
v
e
Iris Dr
I
b
i s D r
J a
e
g
e
r
D
r
Egret Cir
Ave L
So u t hri d ge
R
d
S
p
a
n
is
h
Tr
l
S W
2
2
nd
Av
e
Heron Dr
Ave F
C r y s t a l W a y
Wa
l
la
c
e
Dr
Du
nl
i
n R
d
Avocet Rd
Tropic Blvd
L a v e r s C i r
Curlew Rd
Au dubon
B l vd
Lama t Ave
Av e G
P e l i c a n W a y
Ea
g
l
e
D
r
Dog w ood Dr
Zed
e
r
A
v
e
A
l b
a
t
r
o
s
s
Rd
Jasmine D r
Banyan Dr
Cy p r e s s Dr
SW
8
t
h
A
ve
Fern Dr
D o t t e r e l R d
Bolender Dr
SW 1 1 th Ct
Ca
r
l
B
o
l
t
er
Dr
Garden i a D r
Hyaci nth D r
Sun
d
y
Av
e
Fulmar Dr
Old Ge
r
m
a
n
t
o
w
n
R
d
S ter ling Av e
Mc C leary St
C or
m
o
r
a
n
t
R d
E
SW 12th Ct
SW 13th St
Allaman da Dr L i n t o n L a k e s D
r
White Dr
S W 2 2 n d C i r
A l t a M e a d o w s L n
Gallinule D r
SW 29th St
D o u g l a s A v e
C ar
d
i
na
l
D
r
Bro oks Ln
Bu
n
t
i
n
g
D
r
Ge o rgi a S t
M
a l l a r d D r
P o i nsettia Dr
Il
en
e
C
t
E
H
a
r
b
o
r
C
i
r
K
i
n
g
b
i r d C i r
B l u e J a y R d
Evergr een Dr
M ah
o
g
a
ny
W
a
y
O spr e y St
W a t e r f o r d P l
E a g l e
C
i r
S W 2 0 t h T e r
Milfred St
E Li nton Blvd
C a p t a i n s W a l k
Tropic Isle Dr
Hummin gbird Dr
D e l H a v e n D r
C a t h e r i n e D r
C a t h e r i n e D r N
Ave H
Cormorant Rd S
D e l r a y B a y D r C
a
n
a
l
P
t
S
E l l a S t
C a t h e r i n e D r S
S W
2
1
s
t
T
e
r
Benja min Ave
Ave C
L
i
n
n
e
t C i r
Collin s Ave
Rhodes Villa A ve
Ilene Ct S
Ol
d
D
i xi
e
H
w
y
Bosun Way
S L a t i t u d e C i r
Ja
s
m
in
e
C
t
SW
2
1
s
t
Av
e
F r e
d
e
r
i
c
k
B
l
v d
N Lati tude Cir
Harboursi de Dr
Ta
n
ge
lo
T
e
r
Banyan Tree Ln
W
A
d
m
i
r
a
l
s
W
a
y
S
O
c
e
a
n
B
l
v
d
I-
9
5
SW
2
2n
d
A
v
e
I-
9
5
Dott erel Rd
I-
9
5
I
-
9
5
I-
9
5
Sp
a
n
i
s
h
T
r
l
Sp
a
n
is
h
T
r
l
I
-
9
5
I-
9
5
SW
2
0
t
h
T
e
r
I ROAD NAME ATLAS BOOK CITY of DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT 04 SHEET
I - 9
5
SW 10th St
SW
4
t
h
A
v
e
W At lantic Ave
SW
8 th
A
v
e
S W 3rd S t
S
O
c
e
a
n
B
l
vd
S E
4
t h
A
v
e
S E
6
t
h
Av
e
S E
5
th
A
v
e
S E
3
rd
Av
e
NW 2nd S t
SW
6
t
h
A
v
e
S
Sw
i
n
t
o
n
A
ve
I nt
ra
c
o
a
s
t
a
l
W
a
t
e
r
w
a
y
S W 4th S t
SE
F
E
C
Ra
i
l
r
oa
d
SW 1st St
SW
5
th
A
v
e
SW
7t
h
A ve
S
C
o
n
g
r
e
s
s A v e
SW
C
S
X
R
a
i
l
r
o
a
d
E Atlantic Ave
NE 1st St
NE 2nd St
SE 1 s t St
Se
a
g
a
t
e
D r
SE
7t
h
Av
e
SW 9 t h S t
S E 2nd St
Ve
n
e ti
a
n
D
r
SE 4th St
S
e
a
S
a
g
e
D
r
Gl
e
a
s
o
n
S
t
SW
1
4
t
h
A
v e
NE
1
s
t
A
v
e
NE
5
t
h
A
v
e
NE
6 th
A
v
e
NE
7
th
A
ve
N W 3rd St
S W
1 st
A
v
e
N W
8
t
h
A
v
e
NW
7
t
h
A
v
e
NW
6
t
h
A
v
e
NW
5
t
h
A
v
e
NW
4
t
h
A
v
e
NE
2 nd
A v e
NW
3
r
d
A
v
e
SE 10t h St
SE 7th St
S W
2
n
d
A
v
e
NW
1
0
t
h
A
v
e
N W
1
s t
A
v
e
SE 3r d S t
An
d
r
ew
s
A
ve
NE 3rd S t
S W
3
r
d
A ve
N
O
c
e
a
n
Bl
v
d
N
C
o
n
g
re
s
s
A
v
e
SW 9 th Ct
N
S
w
i
n
t
o
n
A
v
e
SE 8th St
SE 9 t h St
NE
3
rd
A
v
e
SW
2
0t
h
C
t
NW
9
t
h
A
v
e
SE
2
n
d
Av
e
Au
b
u
r
n
A
v
e
SE 6 t h St
NE
F
E
C
Ra
i
l
r
o
a
d
SW
1
7
t
h
A
v
e
NW
C
S
X
R
ai
l
r
o
ad
P a lm
T
r
l
B ay St
D a vi
s
R
d
NW
1
3t
h
Av
e
Lo wson Blvd
NW
2
nd
A v e
SW 8th St
SW 8 t h Ct
NW
1
4
th
A
v
e
Ro
s
s
Dr D
e
p
o
t
A
v
e
L owry St
SE 5th St
Miramar D r
Tho m a s St
SW 11th St
NE
4
t h
A v e
Reigle Ave
B uci da Rd
N W
1
8
t
h
A
v
e
NE
8
t
h
A
v
e
S W 7 th St
S
D
ix
i
e
Hw
y
M ar
i n e
W
ay
SW 1 1t h Ct Southridge Rd
L e e St
NW
1
1
t
h
A
v
e
NW
1
2
t
h
A
v
e
SW
1
6
t h
A
v
e
R ai
l
r oa
d
A
v
e
Se aspra y Ave
Nassau St
S Fe
d
e
r
a
l
Hw
y
Sterli ng Av e
I n graham Ave
Wa
l
la
c
e
Dr
Laing St
Mi
a
m
i
B
l
v
d
M ac
F
a
r
l
a
n
e
D
r
Ea
s
t
R
d
SW 7t h Ct
S W
1
5
th
T
e
r Casuar ina R d
N V i s t a D e l M a r D r
SE
1
s
t
A
v
e
C o
m
m
e r c e D r
A u burn Cir N
Pa
l
m
S
q
Brooks L n
D o u g l a s A v e
Bau hin ia Rd
SW
20
t
h
T
e
r
Poinsetti a Dr
M a ng
o
D
r
S W
1
0
t
h
A
v e
NE 1 st Ct
SW 3 rd C t
SW 6th St
SW
1
5
t
h
A
v
e
Mela l e uca Rd
A u b u r n C i r W
Co
r
a
l
Tr
a
c
e
C i r
E
SW
1
3
t
h
A ve S W 1 2 t h A v e
M c Nab
R
d
Li
n
co
l
n
L
n
SW
1
1
t
h
A
ve
Ci
t
r
u
s Wa
y
SE 1 2th Rd
SW
9
t
h
A
ve
P rospect St
Lewis Cove R d S W 1 0 t h C t
Sa
l
i
n
a
A
v
e
N W 1s t St
NW 3rd Te r
S
W
1
2
t
h
T
e
r
O w e n s B a k e r R d
C o llins Av e
R o o s e v e l t A v e
N W 1 5 t h A
v
e
Wa t erway Ln
L a n g e r W a y
V en
t
n or
A
v
e
N Ba sin Dr
SW 2 n d St
Poinsettia Rd
Pa
l
m
A
v
e
Har b ours ide Dr
N Coda Cir
Caris
s
a
Rd
NW 3rd C t
Co ralina Ln
SW 2n d Ter
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I ROAD NAME ATLAS BOOK CITY of DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT 05 SHEET
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I ROAD NAME ATLAS BOOK CITY of DELRAY BEACH
ENVIRONMENTAL SERVICES DEPARTMENT 06 SHEET
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 23, 2011
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
RESOLUTION NO. 51 -11
ITEM BEFORE COMMISSION
This is a resolution assessing costs for abatement action required to remove nuisances on 12 propertie s
throughout the City.
BACKGROUND
The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens agains t
the properties if the assessments remain unpaid.
RECOMMENDATION
Recommend approval of Resolution No. 51-11.
RESOLUTION NO. 51-11
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF T HE
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 A ND
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 LE VY
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 her eto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his d esignated 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 furn ish the respective owner(s) of the land(s)
described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and
100.22 of the Code of Ordinances describing the nat ure of the nuisance(s) and sent notice that
within seven (7) 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 ab ate said nuisance, or file a written request for a
hearing to review the decision that a nuisance exis ted within five (5) days from the date of delivery
of said notice, failing which the City of Delray Be ach would proceed to correct this condition by
abating such nuisance, and that the cost thereof wo uld be levied as an assessment against said
property; and,
WHEREAS, the property owner(s) named in the list attached h ereto and made a part
hereof did fail and neglect to abate the nuisance(s) existin g upon their respective lands or to properly
request a hearing pursuant to Section 100.21 and 10 0.22 within the time limits prescribed in said
notice and Chapter 100 of the Code of Ordinances, o r if the property owner(s) did request and
receive a hearing, said property owner(s) failed and/or neg lected to abate such nuisance(s) within the
time designated at the hearing wherein a decision w as rendered adverse to the property owner(s);
and,
2
Res. No. 51-11
WHEREAS, the City of Delray Beach, through the City Adminis tration or such
agents or contractors hired by the City Administrat ion 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 no tice; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter
100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a
report of the costs incurred in abating said nuisan ce(s) as aforesaid, said report indicating the cost s
per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, p ursuant 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 COMMISS ION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as sho wn 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 describe d in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied aga inst the parcel(s) of land described in said report
and in the amount(s) indicated thereon. Said asses sments so levied shall, if not paid within thirty
(30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent as the lien for
general city taxes and shall be collectible in the same manner as mortgages and foreclosures are
under state law.
Section 2. That such assessments shall be legal, valid and b inding obligations upon
the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach i s 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) t hat the City Commission of the City of Delray
Beach at the October 4, 2011 meeting has levied an assessment against said prop erty for the cost of
abatement of said nuisance by the City, and that sai d assessment is due and payable within thirty (30)
days after the mailing date of said notice of asses sment, after which a lien shall be placed on said
property, and interest will accrue at the rate of 8 % per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of L ien shall be mailed, along with the Notice of
Assessment and this resolution.
Section 4. That this resolution shall become effective thirt y (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 assess ment(s), after which a lien shall be placed on said
3
Res. No. 51-11
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 in cluding a reasonable attorney's fee.
Section 5. That in the event that payment has not been recei ved by the City Clerk
within thirty (30) days after the mailing date of t he notice of assessment, the City Clerk is hereby
directed to record a certified copy of this resolut ion 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 shal l secure the cost of abatement, interest at the
rate of 8%, and collection costs including a reasonable att orney's fee.
PASSED AND ADOPTED in regular session on this 4 th day of October, 2011.
________________________________________
M A Y O R
ATTEST:
____________________________________
City Clerk
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 1 st Avenue
Delray Beach, Florida 33444
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTIONOWNER
4677 WEST ATLANTIC AVENUE
13-46-42, S 540 FT OF W 1/2 OF E OF W
1/2 OF NE 1/4 OF SW 1/4 LYG N OF SR 806
PCN 12 42 46 13 00 000 7060
CASE NO. NA11-15492
Discount Auto Parts, Inc.
% NRAI Services Inc. Reg Agt
515 E Park Avenue
Tallahassee, FL 32301 97.12 $ Inv. No. 37100
55.00 $ Admin Fee
152.12 $
14960 WHATLEY RD
COUNTRY CLUB ACRES 1ST ADD
LOT 34 (LESS S 1/2) & S 37.5 FT OF LOT 35
PCN 12 42 46 13 02 000 0341
CASE NO. NA11-15586
Grayhawk Development Corp
% Lawrence B. Hawkins, Reg Agt.
4570 Lake Worth Road #B-1
Lake Worth, FL 33463 87.95 $ Inv. No. 37101
55.00 $ Admin Fee
142.95 $
LOT WEST OF 4928 JEFFERSON ROAD
COUNTRY CLUB ACRES 2ND ADD
LOTS 68 AND 69
PCN 12 42 46 13 03 000 0680
CASE NO. RN11-16956
Arturo and Marta I. Gutierrez
3621 NW 108th Drive
Coral Springs, FL 33065-2710 97.10 $ Inv. No. 37102
55.00 $ Admin Fee
152.10 $
213 SW 6TH AVENUE
TOWN OF DELRAY LOT 16 BLOCK 23
PCN 12 43 46 16 01 023 0160
CASE NO. NA11-15547
Michael J. Steinbach
3000 Whitney Avenue #118
Handen, CT 06518-2353 175.85 $ Inv. No. 37103
55.00 $ Admin Fee
230.85 $
355 NORTH CONGRESS AVENUE
L L PARK OF COMMERCE REPL PAR B
PCN 12 43 46 18 43 002 0000
CASE NO. NA11-15191
Bentley CKS, Inc.
% Sam Caliendo, Reg. Agt
900 Glades Road #200
Boca Raton, FL 33431 187.50 $ Inv. No. 37104
55.00 $ Admin Fee
242.50 $
ASSESSMENT
VIOLATION IS:SECTION 100.01 –LAND TO BE KEPT FREE OF
DEBRIS,VEGETATION,AND MATTER CONSTITUTESHAZARDS;
DECLARED NUISANCE
RES NO. 51-11.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTIONOWNER
1107 SW 7TH AVENUE
RIDGEWOOD HEIGHTS DELRAY
N 35 FT OF LOT 3 BLOCK D
PCN 12 43 46 20 20 004 0032
CASE NO. NA11-15772
Pinot IV LLC
Department 5193
P.O. Box 2153
Birmingham, AL 35297-0002 87.90 $ Inv. No. 37105
55.00 $ Admin Fee
142.90 $
326 NW 7TH AVENUE
TOWN OF DELRAY
S 50 FT OF E 135 FT OF N 1/2 & E 8 FT OF
ABNDED ALLEY LYG W OF & ADJ THERETO
BLOCK 1
PCN 12 43 46 16 01 001 0050
CASE NO. NA11-15926
A Reading & Math Academy II Inc.
% Mellaine M. Stewart Reg Agent
2916 Shaughnessy Drive
West Palm Beach, FL 33414-6498 87.25 $ Inv. No. 37107
55.00 $ Admin Fee
142.25 $
307 NW 12TH AVENUE
POINCIANA HGTS OF DELRAY BEACH LOT 31
PCN 12 43 46 17 40 000 0310
CASE NO. NA11-16022
Jerome Jackson
307 NW 12th Avenue
Delray Beach, FL 33444 57.80 $ Inv. No. 37108
55.00 $ Admin Fee
112.80 $
921 ALLAMANDA DRIVE
TROPIC ISLE 2ND SECTION LOT 142
PCN 12 43 46 28 02 000 1420
CASE NO. NA11-15580
Marcelo Poguio
15 Sleepy Hollow Road
Tarrytown, NY 10591-1516 51.90 $ Inv. No. 37109
55.00 $ Admin Fee
106.90 $
ASSESSMENT
VIOLATION IS:SECTION 100.01 –LAND TO BE KEPT FREE OF
DEBRIS,VEGETATION,AND MATTER CONSTITUTESHAZARDS;
DECLARED NUISANCE
2 RES NO. 51-11.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTIONOWNER
1860 MARTY FLADELL DRIVE
18-46-43, NE 1/4 OF SW 1/4 OF SW 1/4 OF SE
1/4 OF NE 1/4 (LESS E 20 FT, N 25 FT RD R/W
& NLY 133.18 FT OF S 206 FT OF ELY 129 FT)
PCN 12 43 46 18 00 000 1220
CASE NO. NA11-15745
1860 NW 1ST LLC
% Theresa Bowman, Reg Agent
14339 Smith Sundy Road
Delray Beach, FL 33446 127.80 $ Inv. No. 37112
55.00 $ Admin Fee
182.80 $
2432 SOUTHRIDGE ROAD
SOUTHRIDGE LOT 4 BLOCK 9
PCN 12 43 46 20 13 009 0040
CASE NO. NA11-16374Kerry Barberet
2432 Southridge Road
Delray Beach, FL 33444 77.90 $ Inv. No. 37113
55.00 $ Admin Fee
132.90 $
14950 WHATLEY ROAD
COUNTRY CLUB ACRES 1ST ADD
LOT 35 (LESS S 37.5 FT) & LOT 36
PCN 12 42 46 13 02 000 0351
CASE NO. NA11-15585
Grayhawk Development Corp
% Lawrence B. Hawkins, Reg Agt
4570 Lake Worth Road #B-1
Lake Worth, FL 33463 100.00 $ Inv. No. 37114
55.00 $ Admin Fee
155.00 $
ASSESSMENT
VIOLATION IS:SECTION 100.01 –LAND TO BE KEPT FREE OF
DEBRIS,VEGETATION,AND MATTER CONSTITUTESHAZARDS;
DECLARED NUISANCE
3 RES NO. 51-11.xls
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:September 28, 2011
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
HOUSING REHABILITATION GRANT/CONTRACT AWARD
ITEM BEFORE COMMISSION
Approval is requested for one (1) Housing Rehabilit ation contract to be awarded to the lowest
responsive bidder in the amount of $32,637.64. Fund ing for the project is through the SHIP Housing
Rehabilitation grant.
BACKGROUND
Approval is requested for one (1) Housing Rehabilit ation contract to be awarded to the lowest
responsive bidder for the following projects:
336 SW 11 th Avenue, Built Solid Construction, LLC./$30,431.54 = Total Rehab cost: $32,637.64
Awards are based on the actual cost of the rehabili tation, as determined by the low responsive bidder(s),
plus a 5% contingency. Total rehab cost also includ es lead inspection, lead abatement, lead clearance,
termite inspection, termite treatment and recording fees, where applicable. Additional cost may be
incurred for lead clearance test(s). The contingenc y may be used for change orders, and all unused fun ds
will remain with the SHIP Housing Rehabilitation pr ogram. Inspection of work is done by the
Department of Community Improvement’s Building Inspection and Neighborhood Services
Divisions. Contracts are executed between the build ing contractor and the property owner. The City
remains the agent and this office monitors all work performed by the contractor, ensuring compliance
according to specifications and program guidelines. Pay request forms require both contractor and
homeowner’s signatures. Grant recipients have met all eligibi lity requirements as specified in the
approved Policies and Procedures. The rehabilitatio n activities will bring the homes to minimum code
requirements by repairing the roof, electric and pl umbing systems and correcting other incipient code
violations. Detailed work write-ups and individual case files are available for rev iew in the
Neighborhood Services Division Office.
The Neighborhood Services Division is responsible f or ensuring that the housing rehabilitation contrac ts
are awarded to the lowest responsive bidder, as a r esult of a formal bid process. Therefore, an in-house
policy was created to limit awards to the lowest re sponsive bidder as it relates to the Division’s
professional in-house estimate. This serves to disqualify unreasona bly low bids and therefore, protect
against the resulting change order requests.
FUNDING SOURCE
State Housing Initiatives Partnership 118-1924-554-49.19
RECOMMENDATION
Staff recommends awarding one (1) Housing Rehabilit ation contract to the lowest responsive bidder in
the amount of $32,637.64.
BID/QUOTE #: BID # 17-2011NS
APPLICANT:
PROJECT ADDRESS:
DATE OF BID LETTERS: August 9, 2011
DATE OF BID OPENING: September 6, 2011
GENERAL CONTRACTORS BID AMOUNT BID BOND
Abisset Corporation -$
All Phase Roofing 36,573.00 $
All-Site Construction, Inc.-$
ARZ Builders, Inc.-$
Built Solid Construction, LLC 30,431.00 $
Citywide Construction Services, Inc.-$
CJ Contracting, LLC 36,365.00 $
Cordoba Construction Co. -$
Jemstone Construction Group, Inc.-$
JIJ Construction Corp.-$
KM Construction Inc.-$
MacDonald Construction Company of Palm Beach-$
Ray Graeve & Sons Construction, Inc.33,855.00 $
South Florida Construction Services, Inc.31,040.00 $
Sunband Builders Construction Inc.34,315.00 $
In-House Estimate:30,906.54 $
RECOMMENDED CONTRACTOR: Built Solid Construction, LLC
BID/CONTRACT AMOUNT :30,431.00 $
Contingency 1,000.00 $
31,431.00 $
Lead Inspection 450.00
Lead Clearance N/A
Termite Inspection N/A
Termite Treatment 667.44
Recording Fees 89.20
GRANT CONTRACT AMOUNT 32,637.64
FUNDING SOURCE:State Housing Initiatives Partnership
Account #118-1924-554-49.19
COMMENTS:Recommend project to be awarded to lowest responsi ve bidder.
CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION
HOUSING REHABILITATION PROGRAM
BID INFORMATION SHEET
Otis Williams
336 SW 11th Ave
BID /QUOTE NUMBER:BID # 17-2011NS
OWNER:
ADDRESS: 336 SW 11th Ave
BID ADVERTISEMENT DATE:August 9, 2011
BID OPENING DATE:September 6, 2011
Otis Williams
In-
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1 House Numbers 50.00 $ 35.00 $ 95.00 $ 50.00 $ 50.00 $ 75.00 $ 30.00 $
2 Install Cementitious Siding 514.08 $ 725.00 $ 1,175.00 $ 600.00 $ 1,800.00 $ 740.00 $ 975.00 $
3 Install Exterior Door 1,450.00 $ 1,200.00 $ 1,350.00 $ 1,400.00 $ 1,075.00 $ 1,300.00 $ 1,100.00 $
4 Install Impact Windows 4,950.00 $ 8,190.00 $ 5,300.00 $ 6,900.00 $ 6,875.00 $ 6,180.00 $ 7,350.00 $
5 Paint House Complete 1,478.46 $ 1,800.00 $ 2,200.00 $ 1,450.00 $ 2,350.00 $ 2,780.00 $ 1,900.00 $
6 Repair Porch Structure 2,808.00 $ 5,525.00 $ 1,656.00 $ 5,000.00 $ 1,350.00 $ 1,210.00 $ 1,700.00 $
7 Install Base trim 540.00 $ 675.00 $ 1,500.00 $ 750.00 $ 975.00 $ 700.00 $ 660.00 $
8 Install Cabinets and Counter Top 4,800.00 $ 4,160.00 $ 3,200.00 $ 3,950.00 $ 4,975.00 $ 5,260.00 $ 5,900.00 $
9 Install Carpet 884.00 $ 900.00 $ 1,900.00 $ 1,400.00 $ 850.00 $ 925.00 $ 1,200.00 $
10 Install Interior Door 690.00 $ 775.00 $ 1,125.00 $ 750.00 $ 875.00 $ 1,050.00 $ 1,725.00 $
11 Install Medicine Cabinet 220.00 $ 125.00 $ 225.00 $ 140.00 $ 100.00 $ 50.00 $ 200.00 $
12 Paint Interior Complete 2,482.00 $ 2,200.00 $ 1,800.00 $ 1,900.00 $ 2,675.00 $ 2,080.00 $ 1,900.00 $
13 Repair Drywall 1,968.75 $ 800.00 $ 1,235.00 $ 1,300.00 $ 475.00 $ 550.00 $ 1,200.00 $
14 Replace Ceramic Floor Tile 481.25 $ 300.00 $ 325.00 $ 550.00 $ 425.00 $ 280.00 $ 250.00 $
15 Install Kitchen Sink 375.00 $ 595.00 $ 365.00 $ 280.00 $ 375.00 $ 380.00 $ 450.00 $
16 Install Toilet 350.00 $ 300.00 $ 385.00 $ 320.00 $ 375.00 $ 350.00 $ 450.00 $
17 Install Tub/Shower with Grab Bars 1,800.00 $ 2,500.00 $ 1,900.00 $ 3,900.00 $ 2,200.00 $ 2,100.00 $ 1,200.00 $
18 Install Vanity w/ Sink 745.00 $ 995.00 $ 435.00 $ 650.00 $ 575.00 $ 700.00 $ 575.00 $
19 Install Water Heater 600.00 $ 600.00 $ 675.00 $ 750.00 $ 680.00 $ 525.00 $ 750.00 $
20 Carbon Monoxide/Smoke Detectors 800.00 $ 1,020.00 $ 895.00 $ 1,000.00 $ 725.00 $ 875.00 $ 1,200.00 $
21 Install 150 Amp Service 1,350.00 $ 1,620.00 $ 1,175.00 $ 2,000.00 $ 2,300.00 $ 1,540.00 $ 1,900.00 $
22 Install Exterior Light Fixtures 230.00 $ 195.00 $ 200.00 $ 140.00 $ 225.00 $ 150.00 $ 150.00 $
23 Install Interior Light Fixtures 195.00 $ 293.00 $ 300.00 $ 185.00 $ 275.00 $ 180.00 $ 150.00 $
24 Repair Electrical Service 1,145.00 $ 1,045.00 $ 1,015.00 $ 1,000.00 $ 1,275.00 $ 1,060.00 $ 1,400.00 $
25
26
27
28
TOTAL 30,906.54 $ 36,573.00 $ 30,431.00 $ 36,365.00 $ 33,855.00 $ 31,040.00 $ 34,315.00 $
Recommend project to be awarded to lowest responsive bidd er.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 27, 2011
SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/TOWN OF GULF STR EAM
ITEM BEFORE COMMISSION
The attached amendment between the City and the Tow n of Gulf Stream provides for an increase in the
fee paid to the City based upon the Town's annexati on of additional property.
BACKGROUND
The City entered into an Interlocal Agreement with the Town of Gulf Stream on July 14, 2009, to
provide fire and emergency medical services to the Town. The initial fee was based upon the fire
operations budget, of the City, as well as the popu lations of the City and the Town. The increase in t he
service fee charged is based upon the increase in p opulation of the Town resulting from the annexation
of additional property earlier this year by the Tow n. The increase, based upon the population of the
annexed area, will begin on the annexation date, Ma rch 15, 2011, however the payment increase for the
period from March 15, 2011 to September 30, 2012 wi ll not be required to be made to the City until
December 31, 2012. Starting on October 1, 2012, the Town’s monthly fee payment will reflect the
increased fee due to the annexed area. The terms of this Amendment were previously discussed and
approved at the August 2, 2011 Commission meeting.
RECOMMENDATION
Staff recommends approval of this Amendment No. 1.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:September 27, 2011
SUBJECT:AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
SPECIAL EVENT REQUEST/14TH ANNUAL BED RACE
ITEM BEFORE COMMISSION
City Commission is requested to approve a Special E vent Permit for the 14 th Annual Bed Race
sponsored by the Delray Beach Marketing Cooperative proposed to be held on October 28, 2011 from
5:30 p.m. until 8:00 p.m., to grant a temporary use permit per LDR’s Section 2.4.6.(F) for the use and
closure of NE 2 nd Avenue from Atlantic Avenue to NE 1 st Street from 2:00 p.m. to 9:00 p.m., to
authorize staff support for traffic control and sec urity, EMS assistance, trash removal and clean up,
barricading, use and set up of half of the small st age, and preparation and installation of event sign age.
BACKGROUND
Attached are an event permit request, site plan, bu dget and Arts and Economic Prosperity Calculator
received from Sarah Martin for the Delray Beach Mar keting Cooperative, the producer, for this
event. Alcohol will be sold in a beer tent on the O ld School Square Park grounds and the applicant wil l
keep customers from leaving this secured area. Staf f assistance is being requested as stated
above. Estimated overtime costs are $2,655, stage r ental cost is $265, barricades $500, signage $250
and trash boxes $35 for a total cost of $3,705. Bas ed on the Special Event Policies and Procedures, th e
charge for City services will be approximately $1,7 29; $929 for overtime, $265 for stage rental, $500
for barricade rental and $35 for trash boxes.
RECOMMENDATION
Staff recommends approval of the event, the tempora ry use permit and staff assistance as requested
contingent on the sponsor providing a Certificate o f Liquor Liability Insurance within ten (10) days o f
the event and a copy of the Temporary Liquor Licens e five (5) days prior to the event.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:September 28, 2011
SUBJECT:AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
SPECIAL EVENT REQUEST/HALLOWEEN PARADE
ITEM BEFORE COMMISSION
City Commission is requested to approve a Special E vent Permit for the Annual Halloween Parade
sponsored by the Noontime Rotary Club to be held on October 29, 2011 from 1:30 p.m. until
approximately 2:30 p.m. Commission is also requeste d to approve a temporary use permit per LDR’s
Section 2.4.6(F) for the rolling closure of Atlanti c Avenue from NE 2 nd Avenue to Veterans Park and
provide staff support for traffic control and secur ity.
BACKGROUND
Attached is an event permit for this event received from Mr. Harvey Brown, as well as an event budget,
site plan and Economic Calculator. Participants wil l assemble at Old School Square and proceed to
Veterans Park. A rolling street closure will be pro vided by our Police staff as has been done in the
past. Estimated staff costs for the event are $2,04 0. Per the Event Policies and Procedures, the payme nt
due to the City would approximately $1,530.
RECOMMENDATION
Staff recommends approval of the event, the tempora ry use permit and staff assistance as requested
contingent on the receipt of the Certification of L iability Insurance and a signed and notarized Hold
Harmless Agreement by October 24, 2011.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:September 27, 2011
SUBJECT:AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
SPECIAL EVENT REQUEST/ 25TH ANNUAL TURKEY TROT
ITEM BEFORE COMMISSION
City Commission is requested to approve a Special E vent Permit for the 25 th Annual Turkey Trot
sponsored by the Parks and Recreation Department to be held on November 19, 2011 from 7:00 a.m. to
approximately 9:00 a.m. Commission is also requeste d to grant a temporary use permit per LDR’s
section 2.4.6(F) for the closure and use of A-1-A from Casurina to George Bush Boulevard from 5:00
a.m. to approximately 10:00 a.m., and to authorize staff support for traffic control, barricading, cle an
up, use of half of small stage, event signage and w aiver of parking meter fees for Sandoway, Ingraham
and Anchor Parking Lots, as well as along Atlantic Avenue from Venetian to A-1-A from 6:00 a.m.
until approximately 10:00 a.m.
BACKGROUND
Attached is a permit request received from Danielle Beardsley, Marketing Coordinator, for this event,
along with an event map, budget and other informati on. The event proceeds will benefit the Keith
Straghn Feed the Hungry Thanksgiving Drive. The est imated overtime cost for this event is $3,090,
stage rental $265, barricade rental $100 and signag e $250. Per event policies and procedures, since th is
is a City sponsored event, there will be no charges for staff overtime or rental costs. The City is se lf
insured.
RECOMMENDATION
Staff recommends approval of the event, the tempora ry use permit, request for staff assistance, and
waiver of the parking meter fees from 6:00 a.m. unt il 10:00 a.m. for Sandoway, Ingraham, Anchor
Parking Lots and along Atlantic Avenue from Venetia n to A-1-A.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:September 28, 2011
SUBJECT:AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
ITEM BEFORE COMMISSION
The action requested of the City Commission is revi ew of appealable actions which were taken by
various Boards during the period of September 19, 2 011 through September 30, 2011.
BACKGROUND
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed to the City Commissio n. After this meeting, the appeal period shall
expire (unless the 10 day appeal period has not occ urred). Section 2.4.7(E), Appeals, of the LDRs
applies. In summary, it provides that the City Comm ission hears appeals of actions taken by an
approving Board. It also provides that the City Com mission may file an appeal. To do so:
· The item must be raised by a Commission member.
· By motion, an action must be taken to place the ite m on the next meeting of the
Commission as an appealed item.
REVIEW BY OTHERS
Planning and Zoning Board Meeting of September 19, 2011
No appealable items were considered by the Planning and Zoning Board. The following items which
were considered by the Board will be forwarded to t he City Commission for action:
A. Recommended approval with conditions (6 to 1, Craig Spodak dissenting), of a conditional use
request to allow the sale of Segways and Segway tou rs along designated routes for The Electric
Experience located at 1047 East Atlantic Avenue.
B. Recommended approval (6 to 1, Al Jacquet dissenting ), of a privately initiated amendment to the
Land Development Regulations Section 4.4.9 “General Commercial” Subsection 4.4.9(B) “Principal
Uses” and Structures Permitted” and Section 4.4.13 ”Central Business District” Subsection 4.4.13(B)
“Principal Uses and Structures” to clarify that bicycles with an electric helper mo tor are the only
motorized equipment permitted in the “rental of spo rting goods and equipment” use category.
C. Recommended approval (7 to 0), of a City initiated amendment to the Land Development
Regulations Section 4.5.3, “Flood Damage Control Di stricts”.
D. Determined on a 7 to 0 vote that the proposed Five Year Capital Improvement Plan for FY 2011-12
through FY 2015-16 and FY 2012 Capital Improvement Budget are consi stent with the Comprehensive
Plan. This item was considered by the City Commissi on at its meeting of September 20, 2011.
Historic Preservation Board Meeting of September 21 , 2011
1. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness and a Class I site
plan modification for exterior alterations for Deck 84, located at the southwest corner of East Atlantic
Avenue and the Intracoastal Waterway (840 East Atla ntic Avenue). Concurrently, the Board
recommended approval of a waiver to LDR Section 4.4 .13(F)(4)(a)(2) to reduce the minimum front
setback from five feet (5’) to eight inches (8”) for the installation a support column associated wi th new
sliding glass doors.
RECOMMENDATION
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David Boyd, Finance Director
Amy Robinson, Sr. Buyer
THROUGH:David T. Harden, City Manager
DATE:September 26, 2011
SUBJECT:AGENDA ITEM 8.O.1 - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
BID AWARD/MULTIPLE VENDORS
ITEM BEFORE COMMISSION
The City Commission is requested to approve multipl e awards for the purchase of Chemicals and
Fertilizers through the Co-Op annual contract Bid N o. 2011-20 on an “as needed basis” at an annual
estimated cost of $210,000, for the City of Delray Beach for Fiscal Year 2011/2012.
BACKGROUND
The City of Delray Beach is the lead entity for thi s co-operative bid. Bids were received on August 30,
2011 from (8) eight vendors, all in accordance with City purchasing policies and procedures (Bid No.
2011-20, documentation is on file in the Purchasing Offi ce). A tabulation of bids with the awarded
vendor highlighted for each item number is attached for your review. All chemical and fertilizers will be
ordered on an “as needed basis” to meet the needs o f the City of Delray Beach.
Parks Maintenance and Golf Course staff have review ed the bids received and recommended awards.
AWARDED VENDOR(S):
Diamond R. Fertilizer Co, Inc.
Glades Formulating Corp.
Helena Chemical Company
Howard Fertilizer & Chemical Company
John Deer Landscapes
Red River Specialties
Univar USA
Winfield Solutions, LLC
FUNDING SOURCE
Funding from the Beautiful Trust Fund/Parks Mainten ance/Cemetery budgets: $80,000 and Municipal
Golf Course/Lakeview Golf Course budget $130,000 fr om Account Numbers:
001-4511-539-52.21 (General Fund: Operating Supplie s/Chemicals)
001-4511-539-52.26 (General Fund: Operating Supplie s/Gardening Supplies)
119-4144-572-52.21 (Beautification Trust Fund: Oper ating Supplies/Chemicals)
445-4714-572-52.26 (D B Municipal Golf Course: Oper ating Supplies/Gardening Supplies)
446-4714-572-52.26 (Lakeview Golf Course: Operating Supplies/Gardening Supplies)
RECOMMENDATION
Staff recommends multiple awards to vendors as stat ed above at an estimated annual cost of $210,000
for the City of Delray Beach Fiscal Year 2011/2012 on an "as needed basis".
BID OPENING: August 30, 2011 @ 10:00 A.M.
CITY OF DERAY BEACH
BID No. 2011-20
CHEMICAL AND FERTILIZERS
ANNUAL CONTRACT - CO-OP
(CHEMICALS)
*Denotes lowest bid per item CO-OP TOTAL Howard
EstimatedDiamond R.Glades HelenaFertilizerJohn Red
CHEMICA L AnnualFertilizer FormulatingChemical& ChemicalD eer e Rive r Univa r Winfield
ITEM #DESCRIPTION UsageCo., Inc.CorporationCompanyComp anyLandscapesSpecialitiesUS A Solutions, LLC
1ACEPHATE1372 lbs$ / lbs$5.75 / lbs$ 6.60 / lbs$ 5.40 / lbs$ 7.49 / lbs$ 8.50 / lbs$ 7.25 / lbs$ 4.95 / lb s
10 lb.20 lb 10 lb./ 25 lb12 X 1 LB case#6562922 x 10 lb
Acephate 97Acephate 97 UP Acephate 97 T&O 1 lb can
2 x 10 #091579
2ALLIETTE700 lbs$16.95 / lbsNO BID$ 21.90 / lbs$ 23.68 / lbs$ 26.25 / lbs$ 15.50 / lbsNO BIDNO BID
5.5 lb 5.5 lb./ 45.5 lbs4 X 5.5 LB Case
Fosetyl-Al WDG T&OChipco Signature Lesco Prodigy
Signature#069098
3AMDRO ANT KILLER924 lbs$4.94 / lbsNO BID$ 7.00 / lbs$6.7 0/ lbsNO BID$5.25 / lbs$ 7.90 / lbs$ 4.74 / lbs
25 lb.25 lbs / 1 #39126025 lb bucket
25 lb bag
4AQUA NEAT17 drums$16.20/drumNO BID$ 351.00/ drum$380.91 / d rum$492.64$355.50/ drumNO BIDNO BID
30 gal drum 30 gal 30 gal drum / 130 GAL / drum
16.20 x 30 = $486.00
#097531
5AQUA SHADE22 galNO BIDNO BID$ 29.27/ galsNO BID$36.70/ ga ls$29.95/ galNO BIDNO BID
1 gal
#097772
6AQUATHOL SUPER K4350 lbs$17.80 / lbsNO BID$ 14.40 / lbsN O BID$19.10NO BIDNO BID$ 16.20/ lb
25 lb.25 lb / pail 25 lb bucket
#097504
7ATRAZINE 4L 110 gal$12.65/ gals$11.60/ gals$ 17.59/ g als$ 16.72/ gals$ 15.55/ galsNO BIDNO BID$ 13.90/ gal
HERBICIDE 2.5 gal.10 gal 2.5 gal. / 22.5 gal.2.5 x 2
MANA #069618
8AWARD64 lbsNO BIDNO BID$ 8.29 / lbs$ 8.47 / lbs$ 9.89 / lbs $ 11.10 / lbsNO BID
25 lb. bag /125 lb bagNO BID#416040
53831 3 lb jug
9BARRICADE 65 WG1050 lbs$14.00 / lbsNO BID$ 18.00 / lbs$ 22.91 / lbs$ 11.82 / lbs$12.95/ lbNO BID$ 12.23 / l bs
10 lb 10 lb / 5. 10 lb.4 x 5 lb
Cavalcade Lesco Stonewall 65
WDG#084858
10BASAGRAN78 galNO BIDNO BID$ 106.76/ gals$ 90.87/ gals$ 1 15.70/ galsNO BID$ 109.70 / gals$ 91.25 / gals
1 gal / 21 gal #6079522 x 1 gal
T & O #091214
11BIVERT 100 gal$9.90/galNO BIDNO BIDNO BIDNO BIDNO BIDNO BI DNO BID
2.5 gal.
Sufac 820
12BLAZON SP 190 gal$17.80/galsNO BID$13.92/gal$29.06/ ga ls$ 15.35/ gals$ 16.00/ gals$ 33.48 / galsNO BID
OR EQUIVALENT 1 gal 2.5 gal / 22.5 gal4 x 1 gal case#399400
<R> Blue MarkerSpec Spray IndicatorTracker Dye2 x 2.5 gal case2.5 gal j ug
#008820
13CAPTAN2500 gal$ 33.24/ galsNO BID$ 38.94/ galsNO BIDNO BIDNO BIDNO BIDNO BID
2.5 gal
Captec
14CHIPCO GT 26 FLO250 lbs.$62.60/galsNO BID$ 126.60 / gals$114.71/ gals $ 45.18/ gals$ 58.00 / galNO BID$ 1 14.62/gal
2.5 gal 2.5 gal / 22.5 gal 2.5 gal x 2
Iprodione Lesco 18 Plus
#0915360
15CHIPCO TOP CHOICE40,300 lbs$ 2.95 / lbsNO BID$ 3.25 / lbs$3.25/ lbs$ 3.25 / lb$3.10/ lb$ 3.25 / lb$ 3.2 5 / lb
INSECTICIDE 30 lb bag 50 lbs / 150 lb bag150 lbs#78893350 lb bag
Fipronil Broadcast (agency) #19161650 lb bag
16COHERE375 gals$26.20/galNO BID$ 44.23/ galsNO BID$ 1 6.80 / gal$ 9.00 / galsNO BIDNO BID
2.5 gal 2.5 gal5 gal case
Spreadrt Sticker
1925 5
17CORSAIR HERBICIDE20 btlsNO BIDNO BID$ 33.05/ btls$ 66.52/ btls$ 68.55 / btlsNO BIDNO BIDNO BID
2 oz. bottle 2 oz / 42 oz
97239
18CURFEW SOIL115 galsNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID
FUMIGANT
20DACONIL 200 gals$ 33.40/ galsNO BID$ 56.50/ gals$ 5 6.60/ gals$ 56.50 / gals$ 31.50 / galsNO BID$ 30.25/ gal
WEATHER STICK 2.5 gal 2.5 gal. / 22.5 gal5 gal case2 x 2.5 gal
Chlorothalonil 720 Agency Bidding Docket
31217
Page 1 of 6
BID OPENING: August 30, 2011 @ 10:00 A.M.
CITY OF DERAY BEACH
BID No. 2011-20
CHEMICAL AND FERTILIZERS
ANNUAL CONTRACT - CO-OP
(CHEMICALS)
*Denotes lowest bid per item CO-OP TOTAL Howard
EstimatedDiamond R.Glades HelenaFertilizerJohn Red
CHEMICA L AnnualFertilizer FormulatingChemical& ChemicalD eer e Rive r Univa r Winfield
ITEM #DESCRIPTION UsageCo., Inc.CorporationCompanyComp anyLandscapesSpecialitiesUS A Solutions, LLC
21DACONIL ZN W/ZINC175 gals$ 30.20/ galsNO BID$ 46.00 / gals$ 46.00/ gals$ 46.00/ gals$ 31.00/ galsNO BID$ 46.00/ gal
2.5 gal 2.5 gal. / 2.2.5 gal.5 gal case2 x 2.5 gal
Chlorothalonil 500 Zn 31214
22DEFOAMER260 pintsNO BIDNO BID$ 4.00/ pints$ 6.75/ pints $ 3.05 / pintsNO BID$ 5.00/ qtNO BID
NON TOXIC 1 qt / 1216 oz.#773764
Recede qt btl
#060727 $ 2.50 / pints
23DITHANE 45 912 lbs$ 3.58 / lbsNO BIDNO BID$3.83/ lbs$ 4.19 / lbsNO BIDNO BID$ 3.67 / lb
WETABLE POWDER 4 lb 12 lbs / 412 lbs.12 lb bag
Penncozeb 75 DF T&O Dithane 75 DF
#084457
24DRIVE 75 DF305 gals$ 52.06/ galsNO BID$ 53.50/ jug$ 93.74/ gals$ 38.85 / lbs$ 38.50 / lbs$86.00/ gal$ 9 4.98/ gal
1 lb.5 gal / 41 lb 6 x 1 lb btl.5 gal container
Quinclorac 75 DFDrive XLR**XLR**Quinclorac 75 DFQuindorac 75 DF
#097517
25DURSBAN 2.5% 555 lbs$1.01/ lbs$1.05/lbs$.85/ lbNO BID NO BID$ 1.25 / lbsNO BIDNO BID
(GRANULAR 50 lb. 80 lb 100 lb bag
INSECTICIDE)Chlorpyrifos %SA BrandChlorpyrifos EPRD SA 2.5% 50 lb bag
2.32%Chlorpyrfios
26DURSBAN 1750 lbs$.89/ lbs$.77 / lbs$ .78 / lbs$.68/ lbsNO BID$.75/ lbNO BIDNO BID
CRICKET BAIT 1%50 lb88 lbs.Chlorpyrifos Spec40 lbs bag / 1 SA 1% 40 lb bag
Chlorpyrifos SPC 1%SA BrandMCB 1%Chlorpyrfrios MC Bait
27DURSBAN PRO 260 gals$.40.30/ galsNO BID$ 38.80/ gals$4 8.92/ gals$37.68/ gals$ 56.00/ galsNO BIDNO BID
2.5 GAL.2.5 gal 2.5 gal / 22.5 gal
Chlorpyrifos Pro 2Clorpyrifos Spec 2Chlorpyrifos Pro 4Chlorpyrifos Pro Chlo rpyrifos 4E Turf
#0917572
28FINALE HERBICIDE493 galsNO BIDNO BID$ 70.00/ gals$ 71.5 2/ gals$ 72.15 / galsNO BIDNO BID$ 45.11/ gal
2.5 gal. / 22 x 2.5 gal case 2 x 2.5 gal
89200
29FIRE ANT AMDRO1272 lbs$ 4.94 / lbsNO BID$ 8.05 / lbs$ 6.70 / lbsNO BID$ 5.25 / lbs$ 7.90 / lbs$ 4.74 / lbs
BAIT (GRANULAR)25 lb.25 lb. bag / 1 25 lb bag#39126025 lb bucket
Probait Probait25 lb bagBidding Probait
30FUSILADE LIQUID147 galsNO BIDNO BID$ 55.00/ qt$ 232.20 / gals$ 271.20 / galsNO BID$66.00/ qt$ 124.32/ gal
$ 55.00 x 4 = $220.001 qt / 81 qt.(8 x 1 qt)4 x 1 gal
T & O #73215
31GARLON 424 375 gals$ 52.20/ galsNO BID$ 41.27/ gals $78.83 / gal$ 109.08/ gals$ 47.50 / galsNO BID$ 77.3 0/ gal
(VEGETATION 2.5 gal.2.5 gal. / 22.5 gal5 gal case 2.5 gal
MANAGEMENT)Element 4 Element 4 Garlon 4 UltraElement AE
97290
32HERITAGE94 lbsNO BIDNO BID$ 309.00 / lbs$ 309.00 / lb s$ 309.00 / lbNO BIDS$ 309.00 / lbs$ 309.00 / lbs
1 lb. / 11 lb.1 lb
#74240
(Agency)
33ILLOXAN 3EC620 galsNO BIDNO BID$ 214.76/ gals$ 213.04/ gals$ 246.19 / galNO BIDSNO BID$ 195.51/ gal
1 gal / 11 gal.1 gal
#01889 8
34IMAGE (CONTAINS30 galsNO BIDNO BID$ 86.32/ pkgNO BID$ 97.7 6/ galsNO BIDS$88.80/ btl$ 77.40/ btl
AMMONIUM, SALT,11.43 oz pkg 11.43 oz. / btl 11.43 oz btl11.43 oz btl
IMAZAQUIN)Image 70 WDG #069206
Image 70 DG
35INDUCE120 gals$10.40/ galsNO BID$ 24.92/ galsNO BID NO BID$ 9.000 / galNO BIDNO BID
2 x 2-1/2 gal./cs.2.5 gal 2 x 2.5 gal case
Surfac 920 Red River NIS
Page 2 of 6
BID OPENING: August 30, 2011 @ 10:00 A.M.
CITY OF DERAY BEACH
BID No. 2011-20
CHEMICAL AND FERTILIZERS
ANNUAL CONTRACT - CO-OP
(CHEMICALS)
*Denotes lowest bid per item CO-OP TOTAL Howard
EstimatedDiamond R.Glades HelenaFertilizerJohn Red
CHEMICA L AnnualFertilizer FormulatingChemical& ChemicalD eer e Rive r Univa r Winfield
ITEM #DESCRIPTION UsageCo., Inc.CorporationCompanyComp anyLandscapesSpecialitiesUS A Solutions, LLC
36KERB 50 W SP350 lbsNO BIDNO BID$ 38.59 / lbs$ 36.75 / l bs$ 39.77 / lbsNO BIDNO BID$ 35.16/ lb
3 lbs / 123 lb.3 lb bag
#088513
37LEMWET40 galsNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BI D
38MANAGE HERBICIDE171 btls$ 70.20/ btlNO BID$ 78.94 /btl$ 69.11/ btl$ 72.28/ gals$ 62.00/ btl$ 80.65/ btl$ 64 .53/ btl
(1.3 OZ. PER/BOTTLE)1 bottle 1.30 oz btle1.33 oz / 101.33 oz. bottle1.3 oz. bottle10 btl case1.33 oz. bottle
Prosedge HALSUFORAN Sedge HammerSub->SedgehammerSedgehammersedgehammerBidding Pro sedge
#088461
39MANCOZEB190 galsNO BIDNO BID$ 34.12/ gals$ 27.00/ gals $ 21.82 / galsNO BID$ 31.30/ gals$ 25.54 / gals
FUNGICIDE 2.5 gal. / 22.5 gal.2.5 gal jug2.5 gal
MANEX PentatllonPentathalon
#084032
40MERIT 75 WSP OR Equal1002 lbs$.93/ lbsNO BID$ 56.00/ pkg $56.59/ lb$ 46.90/ lbs$45.00/ lbNO BID$ 54.72/ lb
30 lb 4 x (4 x 1.6 oz)1.6 oz / 164 x 2.5 oz 9 ozAdonis 75 WSP4 x (4 x 1.6 oz)
Imidacloprid .5GCriterion 75 WSP*Zenith 75 WSP*Equil Adonis 75 WSP4 x 4 x 2.25 oz
41MSMA 6.6550 galsNO BIDNO BID$ 20.90/ galsNO BIDNO BIDNO BI DNO BIDNO BID
2.5 gal
TARGET 6.6
42MSMA + 400 galsNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BI D
SURFACTANT
43NEMACUR 10G2500 lbsNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID
44OPTIMA200 galsNO BIDNO BID$ 39.72/ galsNO BIDNO BIDNO BI DNO BIDNO BID
45ORTHENE 630 lbs6.75/ lbs$5.75/ lbs$ 7.43/ lbs6.00/ lbs$ 6.10/ lbs$ 8.50/ lbs$ 7.25/ lbs$ 5.20/ lbs
1 lb. can 1 lb.121 lb.1 lb. / 12.773 lb #77728612 x 1 lb
Acephate 97Acephate 97 T & O*Acephate 97 UP*Orthene T & OFire Ant Killer1 lb can
UP 12 x 1 Surrender Brand
46PENDULUM 3.3 EC1100 lbs$ 26.70/ galsNO BID$ 22.25/ gal sNO BID$ 27.66 / gals$25.50/ gals$ 29.72/ gals$ 1.20 / lbs
1.25 gal 2 x 2.5 gal 2.5 gal.Pin-Dee 3.32.5 gal jug40 lb bag
Pin-Dee 3.3 T&O Prem 3.3 EC
23899
47PENDULUM AQUA 180 galsNO BIDNO BID$ 56.00/ gals$ 53.57/ gals$ 69.67/ galsNO BID$ 63.25/ gals$ 57.00/ gals
CAP 2.5 gal2.5 gal / 22.5 gal #7283492.5 gal
Prem Aqua Cap2.5 gal jug
#084464
48PRE-M4080 gals$ 26.70 / galsNO BID$ 22.25 / gals$28.2 6/ gals$ 27.66/ gal 25.50/ galNO BID$ 1.20/ lb
1.25 gal 2 x 2.5 gal2.5 gal / 22.5 gal 40 lb bag
Pin-Dee 3.3 T&O PENDULUM 3.3 ECPRE_M 3.3ec
#023899
49PRIMER 60495 galsNO BIDNO BIDNO BID$62.40/ gals$ 19.90/ gal NO BIDNO BIDNO BID
5 gal / 12.5 gal
LESCO WET PLUS
#069383
50PRIMO148 gals$ 188.75/ gals$ 190.00/ gals$ 275.00/ gals$ 275.00/ gals$ 184.00 / gals$172.00/ galsNO BID $ 164.95 / gals
1 gal.2 gal.1 gal. / 22.5 GALT_NEX 1AQ 1 gal
GroomPodium Reqimax PGR2 x 1 gal case or
Maxx EC Turf 908572 x 2.5 gal case
Page 3 of 6
BID OPENING: August 30, 2011 @ 10:00 A.M.
CITY OF DERAY BEACH
BID No. 2011-20
CHEMICAL AND FERTILIZERS
ANNUAL CONTRACT - CO-OP
(CHEMICALS)
*Denotes lowest bid per item CO-OP TOTAL Howard
EstimatedDiamond R.Glades HelenaFertilizerJohn Red
CHEMICA L AnnualFertilizer FormulatingChemical& ChemicalD eer e Rive r Univa r Winfield
ITEM #DESCRIPTION UsageCo., Inc.CorporationCompanyComp anyLandscapesSpecialitiesUS A Solutions, LLC
51PRO STAR 70 WP780 lbsNO BIDNO BID$ 54.70 / lbs$ 49.55 / lbs$ 62.35 / lbsNO BIDNO BID$ 47.90 / lbs
3 lb. / 43 lb 4 x 3 lb
191750
52QUIKPRO 37 jugs$ 63.80 / jugsNO BID$ 65.00/ jugs$ 60 .05/ jugs$ 68.77 / jugs$ 52.00 / jugs$ 73.65/ jugs$ 57.80/ jugs
BY ROUNDUP 1 jug 6.8 lb / 4 6.8 lb.1 jug#7237386.8 lb jug
6.8 LB JUGS 73.3%69311 6.8 lb jug
53REWARD 235 gals$ 62.40/ gals$ 53.00/ gals$ 89.00/ g als$ 89.00/ gals$ 72.16/ gals $ 41.65/ gals$ 101.00 / gals$ 56.18/ gals
2.5 gal5 gal 2.5 gal / 22.5 gal.Diquash#6224122.5 gal
Diquat SPCAcefo Diquat 2L DIQUAT SPC2L 1 galKnockout
97328
54REVOLVER HERBICIDE141 qtsNO BIDNO BID$ 540.00/ btl$190.00 / qts$ 540.00/ per 87 ozNO BID$ 540.00/ per 87 oz$ 540 .00/ per 87 oz
87 oz btl1 qt / 487 oz 87 oz87 oz
97440
55RODEO 140220 gals$15.50/ galNO BID$ 11.70/ galNO BID $ 30.32/ gal$11.75/ galNO BID$ 14.45/ gal
2.5 gal 2.5 gal2 x 2.5 gal case2 x 2.5 gal case
AquaStar 34-15-025
56RONSTAR 2 G3915 lbs$ 1.22 / lbsNO BID$ 1.34 / lbs$ 1 .35 / lbs$ 1.37/ lbs$ 1.10 / lbsNO BID$ 1.30/ lbs
50 lb.50 lb./ 150 lb200 lbs 50 lb
Oxadiazon 2G OXADIAZON 2GOxadiazon 2G
92006
57ROUNDUP PRO MAX172 drums$ 899.40/ drumsNO BID$ 985.00/ drum $ 914.67/ drums$ 934.90 / drums$ 780.00/ drumsNO BID$ 757.50/ drums
30 gal. drum (no subs)1 drum 30 gal drum30 gal drum / 130 gal. 1 drum30 gal drum / 1
#595983
58ROUND-UP PRO 32 cases$ 55.80/ caseNO BID$ 59.94/ case$ 106.46/ cases$ 121.52 / cases$ 58.50/ case$ 53.75/ cases$ 58.95 / cases
2 x 2-1/2 gal./cs.1 case 1 case 1.67 gal / 22 x 2.5 gal1 case2 x 2.5 gal/case1 case
Ranger ProRoundup Promax#069289Glyphosate 41%Glyfos XtraRanger Pro
Prosecuter Pro
59ROUND-UP PRO20 drums$ 474.00/ drumsNO BID$ 405.00/ drum$30 5.60/ drum$ 423.00 / cases$ 417.00 / drumsNO BID$ 494.30/ drum
CONCENTRATE 30 gal drum 30 gal drum30 gal drum / 12 x 2.5 gal1 drum 1 drum
#069291
30 GAL DRUMS Glyphosphate Pro 4Prosecuter Pro
60ROUND-UP PRO77 gals $ 16.70/ galsNO BID$ 99.94/ gal$18 .69/ gals$ 24.30 / cases$14.00/ galsNO BID$ 16.58/ gal s
CONCENTRATE HERBICIDE2.5 gal 2.5 gal2.5 gal / 22 x 2.5 gal1 case 1 case
2 x 2-1/2 gal./cs.#069289
Prosecuter Pro
61SENCOR 75 T.H.340 lbs$ 24.90 / lbs$ 22.00 / lbs$ 61 .00 / lbs$ 69.24 / lbs$ 80.01 / lbsNO BIDNO BID$ 46.4 6 / lbs
5 lb. 25 lb. 5 lb. / 45 lbs.5 lbs. jugs
Tricor DC #006215
63SEVIN 80 WSP65 lbsNO BIDNO BID$ 6.98 / lbsNO BIDNO BIDNO BIDNO BID$ 6.77 / lbs
Carbaryl 80S 4 x 10 lb
64SEVIN LIQUID8 cases$ 187.40/ casesNO BID$210.06$ 177.90/ cases$ 355.80 / casesNO BID$ 221.20/ casesNO BID
2 x 2-1/2 gal./cs.1 case 1 case2.5 gal / 22 x 2.5 gals 2 x 2.5 case
Carbaryl 4L Savin SL LESCO #082007
65SONAR PR700 lbsNO BIDNO BID$ 29.56 / lbsNO BIDNO BIDNO BI DNO BID$ 29.56 / lbs
30 lb. PAIL 30 lb. PAIL
66SUBDUE MAX19 gals$ 188.90/ galsNO BID$ 499.00/ gals$ 49 9.00/gal$ 499.00 / galsNO BID$ 499.00/ galsNO BID
1 gal *1 gal / 21 gal.1 gal
Vire AGENCY
53195
67SURFLAN AS T/095 gals$ 46.20/ galsNO BID$ 45.00/ gals$ 52.00/ gals$ 54.12 / gals $ 42.00/ galsNO BIDNO BID
2.25 gals 2.5 gal.1 gal.Oryzalin 4 Pro
LESCO
89250
68TALSTAR LIQUID360 gals$ 27.20/ galsNO BID$ 41.00/ gal s$ 42.84/ gals$ 31.10/ gals$ 32.00 / gals$ 31.40 / gals$ 26.79 / gals
1 gal 1 gal1 gal. / 41 gal Masterline Bifen4 x 1 gal
UpStar SC (Golf) or GoldTalstar Professional Sub-> crosscheckBifen I/T
#091624
69TALSTAR .2G622 lbs$ .54 / lbsNO BID$ .69 / lbs$.72/ l bs$ .52 / lbsNO BID$ .85 / lbs$ .30 / lbs
25 lb. *Talstar .2G GC*25 lb. 25# bag50 lb bag
Wisdom Lawn Talstar PL G BIFEN UP
89895
Page 4 of 6
BID OPENING: August 30, 2011 @ 10:00 A.M.
CITY OF DERAY BEACH
BID No. 2011-20
CHEMICAL AND FERTILIZERS
ANNUAL CONTRACT - CO-OP
(CHEMICALS)
*Denotes lowest bid per item CO-OP TOTAL Howard
EstimatedDiamond R.Glades HelenaFertilizerJohn Red
CHEMICA L AnnualFertilizer FormulatingChemical& ChemicalD eer e Rive r Univa r Winfield
ITEM #DESCRIPTION UsageCo., Inc.CorporationCompanyComp anyLandscapesSpecialitiesUS A Solutions, LLC
70TOP CHOICE25,350 lbs$ 2.95 / lbsNO BID$ 3.25 / lbs $ 3.25 / lbs$ 3.25 / lbs$ 3.40/ LB$ 3.25 / lbs$ 3 .25 / lbs
30 lb. 50 lb. / 150 lb. 150 LBS50 lb. 50 lb. bag
Fipronil Broadcast #191616Fipronil .0143g
(AGENCY)
71TRACKER DYE440 gals$17.80 / galsNO BID$ 13.94/ gals$31 .28/ gals$ 15.35 / gals $ 15.50 galsNO BIDNO BID
BLUE DYE SPRAY 1 gal 1 gal.2.5 gal / 22.5 gal.4 x 1 gal or
Blue Marker Spray Indicator #0088205 gal case
72TRIMEC PLUS60 gals$24.39 / galsNO BID$ 42.12/ gals$ 3 9.14/ galsNO BIDNO BIDNO BID$ 39.74 / gals
2.5 gal 2.5 gal. / 2 2.5 gal
Trimec Plus
73WETTING AGENT810 gals$ 25.00/ galsNO BID$ 8.99/ gals$ 36.35/ gals$ 19.90 / galsNO BID$ 12.60/ gals$ 19.03 / gals
2.5 gal 2.5 gal20 gal drum / 12.5 gal 2.5 gal jug2.5 gal
Aqua-Aid Ad Spray 101*Duplex*Lesco Wet Plus Big Wet
#069383
74CHIPCO SIGNATURE790 lbs$ 16.95 / lbsNO BID$ 25.90 / l bs$ 23.68 / lbs$ 26.25 / lbs$15.50/ lbNO BID$ 22.36 / lbs
5.5 lb 5.5 lb bag5.5 lb. / 45.5 lb.4 x 5.5 lb case5.5 lb. container
Fosetyl-AL Prodigy Signature 069098Foesetyl-Al
75CERTAINITY56 oz$ 79.20 / eachNO BID$ 92.12/ btl$ 57.4 0/ oz$ 65.99 / oz$58.00/ oz$ 101.35/ oz$ 54.52/ oz
1.25 oz btl (100 x 1.25oz)1.25 oz. / 101.25 oz.1 btl1.25 oz btl
#088732
76CIDE KICK360 galsNO BIDNO BID$ 28.21/ gals$ 20.08/ ga ls$ 19.90 / gals$ 15.40 / galsNO BIDNO BID
2.5 gal2.5 gal. / 22.5 gal5 gal case
Lesco Wet PlusElite Infiltrator
KAMMO PLUS #069383
77MANICURE45 gals$ 33.40/ galsNO BIDNO BID$ 34.20/ gals $31.59/ GAL$ 31.50 / galNO BID$ 30.25 / gal
2.5 gal.2.5 gal. / 22.5 gal.5 gal case2.5 gal jug
MANICURE 6 FLlChlorothalonil 720Docket WS
Chlorothalonil 720 *Mainsail*84901
78CT-301200 galsNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDN O BID
79AQUATHOL K 2000 lbs$ 69.90 / galsNO BID$ 56.20 /galNO BIDNO BIDNO BIDNO BID$ 62.90 / gals
2X2.5 2.5 gal.2 x 2.5 gal.
80AQUA-TEC30 galsNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID
81DUPONT ADVION 24000 lbsNO BIDNO BID$ 2.81 / lbs$ 1.78 / lbs$ 2.24 / lbsNO BIDNO BID$ 1.87 / lbs
MOLE 25 lb. bag / 125 lb. bag / 1 25 lb. bag
CRICKET BAIT
82DUPONT ADVION 550 lbsNO BIDNO BID$ 9.72 / lbs$ 9.40 / lbs $ 11.20 / lbsNO BID $ 10.25 / lbs $ 9.53 / lbs
FIRE ANT BAIT 12 lb. bag / 112 lb. 12# bag12 lb jug
#089983
83HABITAT (HERBICIDE)5 galsNO BIDNO BID$ 55.00 / lbsNO BIDNO BID$55.00/ galNO BIDNO BID
IMAZAPRY 2 SL 5 gal cube
Arsenal Herbicide
84IMPEL RED10 galsNO BIDNO BID$ 10.15/ galsNO BIDNO BID$12.50/ galNO BID$ 7.84/ gals
11.25 gal 11.25 gal container
Dilvent Blue
85WEEDAR 64100 gals$ 16.20 /gals$ 13.00 /gals$ 11.55/ galsNO BID $ 20.03 / lbs$ 12.75.00 /galNO BID $ 11.3 4 / gals
2.5 gal5 galDMA4 2.5 GAL 2 x 2.5 gals
#09738 9 Dma41vm
Please add any additional Chemicals used by your City:
86NEO TZc200 galsNO BIDNO BIDNO BID$80.66/ gals NO BIDNO BIDNO BIDNO BID
(nematode control)2.5 gal / 1
87TERRAZOLE360 LBSNO BIDNO BID$35.66/ lbs$ 33.70/ lbs $ 38.88 / lbsNO BIDNO BID$ 33.98/ lbs
35WP2 lbs / 62.LB BAG 6 x 2 lb
TERRAZOLE 35 WP
88GREEN CLEAN620 galsNO BIDNO BID$ 37.95/ galsNO BID $ 56.72 / GALSNO BIDNO BID $ 1.61 / lbs
5 gal 32 OZ 50 lb bag
91535 0
89KNOCKOUT-DIAQUASH50 gals$ 62.40/ galsNO BID$ 41.62/ gals NO BID $ 72.16 / GALS$ 41.65 / galsNO BID$ 56.18 / ga ls
2.5 gal.2.5 GAL1 case 2.5 x 2
Diquat SPC DIQUAT SPC 2L
Page 5 of 6
BID OPENING: August 30, 2011 @ 10:00 A.M.
CITY OF DERAY BEACH
BID No. 2011-20
CHEMICAL AND FERTILIZERS
ANNUAL CONTRACT - CO-OP
(CHEMICALS)
*Denotes lowest bid per item CO-OP TOTAL Howard
EstimatedDiamond R.Glades HelenaFertilizerJohn Red
CHEMICA L AnnualFertilizer FormulatingChemical& ChemicalD eer e Rive r Univa r Winfield
ITEM #DESCRIPTION UsageCo., Inc.CorporationCompanyComp anyLandscapesSpecialitiesUS A Solutions, LLC
90POLY-CONTROL25 galsNO BIDNO BID$ 21.00/ galsNO BIDNO BID NO BIDNO BIDNO BID
Accuracy
91CROSSCHECK PLUS20 gals$ 27.20/ galsNO BIDNO BID$29.50/ g als$ 31.10 / galsNO BIDNO BID$ 26.79 / gals
1 gal 1 gal / 41 GAL 4 x 1 gal
*Upstar Gold *#09162 4 Bifen II
92AQUASTAR200 gals$ 16.40/ galsNO BID$ 11.70/ galsNO BID$ 30.32 / gals$ 11.75/ galsNO BID$ 14.45 / gals
2.5 gal Rodeo 2.5 gal5 gal case or2 x 2.5 gal
34-15-025 Rode o 30 gal drum RodeoRode o
93LASSONITE SOIL4000 lbsNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID
AMMEDMENT (NO SUBS)
94ZEOLITE SOIL AMMENDMEN4000 lbsNO BIDNO BIDNO BIDNO BID$ .163 / lbsNO BIDNO BIDNO BID
(NO SUBS)2000 lbs
91257
95CASCADE IMPREGNATED1000 lbsNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDN O BIDNO BID
MILOGANITE
96DISMISS125 btlsNO BIDNO BID$ 56.18/ btls$44.94/ btls$ 59.96 / lbsNO BID$ 61.40/ btls$ 54.10/ btls
(6 OZ BTLS).5 gal / 46 oz 6 oz btl6 oz btl
97133
97TRIMEC CLASSIC200 gals$ 24.39/ galsNO BID$ 42.12/ gals$30.93/ gals$ 35.39 / galsNO BID$ 33.55/ gals$ 31.41 gals
2x2.5 gal.2.5 gal / 22.5 gal 1 gal2.5 gal
Triplet SF 9085 5
98SPECTRO 9075 gals$ 9.68/ galsNO BID$ 14.78/ lbs$10.33 / lbs$ 11.82 / galsNO BIDNO BID$ 12.00/ lbs
5 lb 4 x 5 lb5 lbs / 45 lb 24 lb container
191619
99DITERRA400 lbsNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID$ 14.00/ lbs
10 lb bag
100INSGNIA84 lbsNO BIDNO BID$ 152.00/ lbs$152.00/ lbs$ 360.22 / per 30.5 ozNO BIDNO BIDNO BID
(3 x 2.4 lb)2.4 lbs / 430.5 oz
INSIGNIA SC (AGENCY)
19172 7
101CLEARYS 3336+150 lbsNO BIDNO BID123.20/ gal$86.96/ gal s$ 67.85/ GAL$66.00/ galNO BID$ 67.43/ GAL
2.5 gal / 22.5 GAL 2 x 2.5 GAL
T-STORM
102ZEROTAL240 gals$ 25.00/ galsNO BID99.65/ gal$35.45/ gals$ 40.57/ GALNO BIDNO BID$38.15/ gals
2.5 gal 2.5 gal / 22.5 GAL 2.5 gal / 2
HDH Proxy 90837
103ROOT POWER400 gals$ 23.80 / galNO BIDNO BIDNO BIDNO BI DNO BIDNO BID$ 80.00/ gals
2.5 gal 2 x 2.5 gal
<R> Root Builder
104TRI-CAL WP300 lbsNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID
105CONTEC 12-24-84000 lbsNO BIDNO BIDNO BIDNO BID$ .846 /l bsNO BIDNO BID$ .915 /lbs
50 lb 40 lb
COUNTRY CLUB
12-24 8L 5% MMAS
106BOLSTER 4-4-420,000 lbsNO BIDNO BIDNO BIDNO BID$ .585 /lb sNO BIDNO BID$ .39 /lbs
25 lb 50 lb bag
BOLSTER 4-4-4 G ELITE
107KELPEX330 gals$ 19.20 /gal$ 45.00 /galNO BID$32.63/ g al$24.30/ gal$15.00/ galNO BIDNO BID
2.5 gal10 gal 5 gal / 12.5 gal
Ultra RxKel Glade *Keplex*ROOTS 6-0-2 FE CHELATED
Page 6 of 6
BID OPENING: August 30, 2011 @ 10:00 A.M CITY OF DELRAY BEACH
BID #2011-20
CHEMICALS AND FERTILIZERS
ANNUAL CONTRACT - CO-OP
(FERTILIZERS)
*Denotes lowest bid per item CO-OP Howard
EstimatedDiamond R.Glades HelenaFertilizerJohnRe dUSA
FERTILIZER Annual FertilizerFormulatingChemica l & ChemicalDeereRiverUnivar Winfield
ITEM #DESCRIPTION UsageCo., Inc.CorporationCom panyCompanyLandscapesSpecialitiesUSA Solutions, LLC
10-0-7 NO BIDNO BIDNO BID NO BIDNO BID
WITH ATRAZINE 50 lb. bag50 lb bag NO BID
$.283 lb.$9.60lb
2,067lbs $566.00 ton$384.00 ton
50 lb bagNO BIDNO BID50 lb bag50 lb bagNO BIDNO BID50 l b bag
20-0-20 65,050lbs/std. $ 480.00 ton $ 598.00 ton $ 559.60 ton $ 560.00 ton
SULFATE OF POTASH-MAGNESIA $ 12.00 bag $ 16.70 bag$ 13.99 bag $ 14.00 bag
$.24 lb $.334 lb$.279 lb $.28 lb
PROFESSIONAL TURF FERTLIZER K-MAG 0-0-22E 0-0-22
10,000lbs/grand.50 lb bagNO BIDNO BID50 lb bag50 lb bag NO BIDNO BID50 lb bag
$ 504.00 ton $ 622.00 ton$ 471.20 ton $ 560.00 ton
$ 12.60 bag $ 17.30 bag$ 11.78 bag $ 14.00 bag
$.252 lb $.311 lb$.235 lb $.28 lb
KILABREW TRAILER DELIVERY:
BOYNTON BEACH ONLY22Tons$445.00NO BIDNO BID$0.00$10,651.30 NO BIDNO BID495.00 for dlivery
CUSTOM BLEND 0-0-20
K-MAG 10MG 21S BULK plus $560.00
DELRAY BEACH ONLY22tons$445.00NO BIDNO BID$0.00$10,651.30NO BIDNO BID495.00 for dlivery
plus $560.00
30-0-45 NO BIDNO BIDNO BID0-0-540-0-50 SOPNO BIDNO BID
SUPER K GREENS TURF 50 lb. bag50 lb. bag 50 lb. bag
FERTILIZER $.577 lb.$.532 lb.$1.45 lb.
1,000lbs $1,154.00 ton$1,064.80 ton $2,900.00 ton
4 5-10-17 NO BIDNO BIDNO BID1% RonstarNO BIDNO BID
RONSTAR .95%+ FERTILIZER 50 lb. bag50 lb. bag 50 lb. bag
WITH PRE-EMERGENT $.69 LB.$.82 lb.$.93 lb.
HERBICIDE116,000lbs $0.00 $1,380.00 ton$1,640.80 ton $1,860.00 ton
56-3-0 NO BIDNO BIDNO BID NO BIDNO BID
GREENS GRADE TURF
FERTILIZER 50 lb. bag 40 lb. bag 50 lb. bag
$.30 lb.$223 lb.$ .205 lb.
14,000lbs$600.00 ton $447.50 ton $ 410.00 ton
610-10-10 NO BIDNO BID NO BIDNO BID
PROFESSIONAL TURF
FERTILIZER 50 lb. bag 50 lb. bag50 lb. bag 50 lb. bag
$.289 lb.$.317 lb.$.301lb.$ .29 lb.
58,520lbs$578.00 ton $634.00 ton $603.60 ton $ 580.00 ton
78-0-8 NO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID
GREENS MIX
2000lbs
88-2-10 NO BIDNO BIDNO BID NO BIDNO BID41123.00
LANDSCAPE AND ORNAMENTAL
FERTILIZER 50 lb. bag40 lb. bag 50 lb. bag
$.379 lb.$.372 lb.$ .596 lb.
44,150lbs $758.00 ton $745.50 ton $ 1,192.00 ton
98-4-12 NO BIDNO BID10-4-12 50% PolyPlusNO BIDNO BIDNO BID
PALM SPECIAL MIX AS 3FE 2MG 2MN
50 lb. bag 50 lb. bag50 lb. bag
$.3105 lb.$.365 lb.$.349 lb.
4,500lbs$621.00 ton $730.00 ton $699.60 ton
1010-4-12 NO BIDNO BID NO BIDNO BID
PALM & TROPICAL
ORNAMENTAL FERTILIZER 50 lb. bag 50 lb. bag50 lb. bag 50 lb. bag
$.321 lb.$.358 lb.$.349 lb.$ .3645 lb.
28,000lbs$642.00 ton $716.00 ton$699.60 ton $ 729.00 ton
1112-0-0 NO BIDChelated w/GlucoheptonateNO BIDNO BID NO BIDNO BID
CHELATED IRON WITH derived from: Urea, Iron/
MICRONUTRIENT FOR TURF Manganese Glucohepronate
& ORNAMENTALS4370gals $7.50 gal $8.08 gal $ 11.45 gal
REF:s:\finance\purchasing\Bid Tabulations\Fertitlizer.xls\9/30/2 011 Page 1 of 4
BID OPENING: August 30, 2011 @ 10:00 A.M CITY OF DELRAY BEACH
BID #2011-20
CHEMICALS AND FERTILIZERS
ANNUAL CONTRACT - CO-OP
(FERTILIZERS)
*Denotes lowest bid per item CO-OP Howard
EstimatedDiamond R.Glades HelenaFertilizerJohnRe dUSA
FERTILIZER Annual FertilizerFormulatingChemica l & ChemicalDeereRiverUnivar Winfield
ITEM #DESCRIPTION UsageCo., Inc.CorporationCom panyCompanyLandscapesSpecialitiesUSA Solutions, LLC
1212-0-6 NO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID
BULK LIQUID
140,000lbs
1312-2-14 NO BIDNO BID NO BIDNO BID
SOUTHERN ORNAMENTAL 50 lb. bag 50 lb. bag50 lb. bag 50 lb. bag
FERTILIZER $.397 lb.$.412 lb.$.428 lb.$ .525 lb.
54,500lbs$794.00 ton $824.00 ton$857.60 ton $ 1,050.00 ton
1413-2-13 NO BIDNO BIDNO BIDCrosscheckNO BIDNO BID
TALSTAR 0.069% PLUS 13-0-13 30% PPSU
FERTILIZER 3 FE 2MN
50 lb. bag50 lb. bag 50 lb. bag
$.412 lb.$.362 lb.$ .45 lb.
50,000lbs.$824.00 ton$724.80 ton $ 900.00 ton
13-2-13 Using Poly-Coated UreaNO BIDNO BID NO BIDNO BID14-2-14
PROFESSIONAL TURF Mn Sulfate & Crystal
FERTILIZER (GREENS GRADE)Green as a phosphorous
source
15 50 lb. bag 50 lb. bag50 lb. bag 50 lb. bag
$.6625 lb.$.62 lb.$.655 lb.$ .66 lb.
14,000lbs$1325.00 ton $1,240.00 ton$1,311.60 ton $1,320.00 ton
13-2-13 Using Poly-Coated UreaNO BIDNO BIDNO BID97% PolyPlus SOP NO BIDNO BID14-2-14
GREENS MIX Mn Sulfate & Crystal 3.6FE 2.7MN
Green as a phosphorous
source
50 lb. bag 50 lb. bag 50 lb. bag
$.6625 lb.$.655 lb.$ .66 lb.
28,000lbs$1325.00 ton $1,311.60 ton $1,320.00 ton
13-3-13 NO BIDNO BIDNO BID50% PolyPlus 4.5mgNO BIDNO BID
16TREE & PALM FERTILIZER 1.9FE MN
50 lb. bag 50 lb. bag 50 lb. bag
$.349 lb.$.362 lb.$.3905 lb.
$698.00 ton $725.20 ton $781.00 ton
14-2-14 .72 mg, 1.0 mn, .60 Fe, .1 Fe NO BIDNO BIDNO BID40% Poly Plus 40% ASNO BIDNO BID
MICRO GREENS & TEE Chealate 11 Methylene Urea 2.4 FE 22MN 0.9MG
MIXTURE Sulfate of Ammonia-Milorganite
Crystal Green Phosphorous
17 SOP-SPM-4 Polymer Coated SOP
SPM-4 Polymer Coated SOP
Manganese Sulfate Iron Chelate
50 lb bag50 lb bag 50 lb bag 50 lb. bag
.805 lb..64 lb.$.547 lb.$.66 lb.
12,000lbs$1610.00 ton$1280.00 ton $1094.00 ton $1,320.00 ton
1814-14-14 NO BIDNO BIDNO BID NO BIDNO BIDOsmote 14-14-14
PLUS MINORS - FOR SHRUBS 50 lb bag40 lb bag 50 lb. bag
$.614 lb.$.4812 lb.$1.18 lb.
38,200lbs.$1,228.00 ton$962.00 ton $ 2,360.00 ton
1914-14-14 NO BIDNO BIDNO BID NO BIDNO BID
OSMOCOTE Osmote 14-14-14
50 lb bag40 lb bag 50 lb. bag
$1.36 lb.$.4812 lb.$1.18 lb.
44,150lbs.$2,720.00 ton$962.00 ton $ 2,360.00 ton
2015-1-15 NO BIDNO BID15-0-15NO BIDNO BID
PROFESSIONAL TURF 40% Poly Plus 40% AS
FERTILIZER 30% AS IFE .4MN
50 lb bag 50 lb bag50 lb bag
$.312 lb..364 lb.$.305.00 lb.$ .339 lb.
6,250lbs$624.00 ton $728.00 ton$610.00 ton $678.00 ton
2115-5-10 NO BIDNO BIDNO BIDRonstar .95% 20-1-20 M NO BIDNO BID
WITH 1% RONSTAR 85%PPSCU SOP
50 lb bag50 lb bag
.697 lb.$.935 lb.$ 85 lb.
68,000lbs.$1,394.00 ton$1,870.80 ton $1,700.00 ton
2215-5-15 NO BIDNO BID50% PolyPlus 2FE 2MNNO BIDNO BID
PROFESSIONAL TURF 2MG SOP
FERTILIZER 50 lb. bag 50 lb bag50 lb bag
0.361 lb..398 lb.$.398 lb.$ .431 lb.
114,000lbs.$722.00 ton $796.00 ton$796.40 ton $862.00 ton
REF:s:\finance\purchasing\Bid Tabulations\Fertitlizer.xls\9/30/2 011 Page 2 of 4
BID OPENING: August 30, 2011 @ 10:00 A.M CITY OF DELRAY BEACH
BID #2011-20
CHEMICALS AND FERTILIZERS
ANNUAL CONTRACT - CO-OP
(FERTILIZERS)
*Denotes lowest bid per item CO-OP Howard
EstimatedDiamond R.Glades HelenaFertilizerJohnRe dUSA
FERTILIZER Annual FertilizerFormulatingChemica l & ChemicalDeereRiverUnivar Winfield
ITEM #DESCRIPTION UsageCo., Inc.CorporationCom panyCompanyLandscapesSpecialitiesUSA Solutions, LLC
2316-0-8 NO BIDNO BIDNO BIDNO BID30% PolyPlus AS3FENO BIDNO BID
TURF FERTILIZER WITH PCSCU 0.2MN
50 lb bag
$.29 lb.$ .338 lb.
1,000lbs.$581.20 ton $ 676.000 ton
2416-2-8 NO BIDNO BID16-0-8 30%NO BIDNO BIDNO BID
PROFESSIONAL TURF PolyPlus AS 3FE 0.2MN
FERTILIZER
(Rotary Spreaders Only)50 lb. bag 50 lb bag50 lb bag
$.2995 lb..318 lb.$.29 lb.
100,000lbs.$599.00 ton $636.00 ton$581.20 ton
2516-2-8 NO BIDNO BIDNO BIDNO BID16-0-8 30%NO BIDNO BIDNO BID
PROFESSIONAL TURF PPSCU AS .5FE 2MN
FERTILIZER
50 lb bag
$.29 lb.
1,250lbs.$581.20 ton
2616-2-16 NO BIDNO BID50% PolyPlus 20ASNO BIDNO BID
PROFESSIONAL TURF 2FE 1.8MN 2MG
FERTILIZER 50 lb. bag 50 lb bag50 lb bag
$.357 lb..39 lb.$.38 lb.$ .42 lb.
64,000lbs.$714.00 ton $780.00 ton$760.00 ton $ 840.00 ton
2716-4-16 NO BIDNO BIDNO BIDNO BID14-2-14E 40% PolyPlu s NO BIDNO BIDNO BID
GREENS MIX 40%AS 2.4FE 2.2MN
50 lb bag
$.547 lb.
12,000lbs.$1094.00 ton
2816-25-12 NO BIDNO BID13-24-26 L&O MicroNO BIDNO BID
TURF STARTER FERTILIZER
50 lb. bag 50 lb bag40 lb bag 50 lb bag
$.3675 lb..445 lb.$.48 lb.$.50 lb.
8,000lbs.$735.00 ton $890.00 ton$960.50 ton $1000.00 ton
2917-1-10 NO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID
GREENS GRADE FERTILIZER
12,000lbs.
3019-0-19 NO BIDNO BIDNO BID50% Poly PlusNO BIDNO BID
PRE-EMERGENT WEED 50 lb bag50 lb bag
CONTROL .488 lb.$.536 lb.$.47 lb.
68,000lbs.$976.00 ton$1,072.40 ton $ 940.00 ton
3120-20-20 NO BIDNO BIDNO BIDNO BIDNO BIDNO BID
WATER SOLUBLE POWDER
25 lb. bag
$1.08 lb.$.91 lb.
15,125lbs.$2160.00 ton $ 1,820.00 ton
3221-0-0 NO BID NO BID NO BIDNO BIDNO BIDNO BIDNO BID
BULK LIQUID
30,000lbs.
3322-2-11 NO BIDNO BIDNO BID.92% AtrazineAtrazine 1.05%NO BIDNO BID23-2-9 w/ 1.05%
ATRAZINE 1.05% PLUS 22-0-10 40% PPSCU
FERTILIZER TURF FOOD 1FE .5mn
50 lb. bag50 lb bag
$.445 lb.$.348 lb.$.43 lb.
122,000lbs $890.00 ton $697.60 ton $ 860.00 ton
3424-0-11 NO BIDNO BID50 lb. bag50% PolyPlus 3FE 1M N NO BIDNO BID24-2-11 50% scu
TURF FERTILIZER w 3% FC, 1% mn
(For Pendulum spreaders only)50 lb bag 50 lb bag
50 lb. bag $19.10 bag$17.53 bag $22.00 bag
0.3645 lb.$.382 lb.$.35 lb.$.44 lb.
$729.00 ton $764.00 ton$701.20 ton $880.00 ton
114,500lbs.$364.50 1/2 ton $0.00 1/2 ton $350.60 1/2 ton $440.00 1/2 ton
REF:s:\finance\purchasing\Bid Tabulations\Fertitlizer.xls\9/30/2 011 Page 3 of 4
BID OPENING: August 30, 2011 @ 10:00 A.M CITY OF DELRAY BEACH
BID #2011-20
CHEMICALS AND FERTILIZERS
ANNUAL CONTRACT - CO-OP
(FERTILIZERS)
*Denotes lowest bid per item CO-OP Howard
EstimatedDiamond R.Glades HelenaFertilizerJohnRe dUSA
FERTILIZER Annual FertilizerFormulatingChemica l & ChemicalDeereRiverUnivar Winfield
ITEM #DESCRIPTION UsageCo., Inc.CorporationCom panyCompanyLandscapesSpecialitiesUSA Solutions, LLC
3524-0-11 NO BIDNO BIDNO BIDcrosscheck .069%NO BIDNO BIDNO BID
TALSTAR 0.069% PLUS 24-0-11 50% PPSCU
FERTILIZER 4FE 1MN
50 lb. bag50 lb bag
$.479 lb.$.408 lb.
83,500lbs.$958.00 ton$816.40 ton
3625-3-10 NO BIDNO BID24-2-11 40% PolyPlusNO BIDNO BID24-2-11 w/ 3% fc
TURF FERTILIZER PLUS IRON 6FE 1MN
50 lb. bag 50 lb. bag50 lb bag 50 lb bag
$.3775 lb.$.379 lb.$.375 lb.$.22.00 / .44 lb.
27,000lbs.$755.00 ton $758.00 ton$751.60 ton $880.00 ton
37HIGH MANGANESE COMBO NO BIDChelated by glucoheptonateNO BIDNO BID NO BID
CHELATED MICRONUTRIENTS Analysis stated on bid bocument
2340gals $7.43 gal $8.08 gal.$6.95/ gal$10.95 gal
38LIQUID MICRONUTRIENT SOIL NO BID Urea,ferrous sulfate,manganese NO BIDNO BIDIron + Chelated 12N12-0-0 4% sulfur, 3% NO BID
SUPPLEMENT sulfate w/ citric acid 6FE 2MN (55 gal/drumManganese, 6%
chelated iron
(label attached)
$7.50 gal $8.08 gal$9.25 gal$ 11.95 gal
200gals $412.50 drum (55 gal)$375.00 drum$277.50 drum$ 717.00 drum
39MILORGANITE NO BIDNO BID NO BIDNO BIDClassic
50 lb. bag 50 lb. bag50 lb bag 50 lb bag
$.28 lb.$.245 lb.$.141 lb.$.188 lb.
78,000lbs.$560.00 ton $490.00 ton$282.40 ton $ 376.00 ton
408-10-10 NO BIDNO BIDNO BIDNO BID NO BIDNO BIDNO BID
PALM SPIKES 180 per box
11,000lbs.$78.00 per box
41Agro- Diamonds (trees) 50 lb bag NO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BIDNO BID
200lbs.
REF:s:\finance\purchasing\Bid Tabulations\Fertitlizer.xls\9/30/2 011 Page 4 of 4
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Bob Diaz Construction Manager
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:September 28, 2011
SUBJECT:AGENDA ITEM 8.O.2 - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
BID AWARD/WEST CONSTRUCTION, INC.
ITEM BEFORE COMMISSION
This item is before the Commission to consider appr oval of a bid award to West Construction, Inc., in
the total amount of $197,156.00 for modifications t o Worthing Park, Project #2006-061.
BACKGROUND
Worthing Park was originally the site of an 1896 co mmissary built by HJ Sterling, who later built the
Casa Del Ray Hotel in 1925. Known for its rooftop r estaurant and retractable roof, the three-story Casa
Del Ray was later called the Bon Aire Hotel. The Bo n Aire Hotel was demolished in October, 1968.
Following demolition of the hotel the public park w as established. At its meeting of June 8, 1970, the
City Commission named the park Worthing Park in hon or of Mr. R.D. Worthing for his 19 years of
service as City Clerk.
Over the past year, staff has been working with sta keholders associated with the Worthing Place mixed
use development abutting the park to the south to c oordinate park improvements with proposed ground
floor restaurant and outdoor dining uses in an effo rt to stimulate use of the park and establish conti nuity
with the proposed restaurants. Upon completion of that effort, construction documents for the project
were completed and an advertisement soliciting comp etitive bids was published on July 31, 2011
Bids were opened on Wednesday, August 31, 2011. Th ree bids were received with West Construction
submitting the lowest responsive proposal in the am ount of $197,156.00.
Attached is a location map as well as the bid tabul ation.
FUNDING SOURCE
Funding is available from 117-4133-572-68.19 (Recreation Impact Fee Fund/Parks &
Recreation/Worthing Park Improvements).
RECOMMENDATION
Staff recommends approval of a bid award to West Co nstruction, Inc., in the total amount of
$197,156.00 for modifications to the Worthing Park.
Bid Tabulation
Worthing Park Improvements
City Project #2006-061
Bid No. 2011-24
ITEM
NO. DESCRIPTION QTYUNIT Unit Price Extended Cost Unit Price Extended Cost Unit Price Extended Cost
1.0Excavation and Gradin g 1LS$6,500.00$6,500.00$5,000.00 $5,000.00 $9,800.00$9,800.00
2.0Remove and Dispose Exist. Conc. Walks1LS$5,500.00$5,500.00$4,500.00 $4,500.00 $3,900.00$3,900.00
3.0Relocate Existing Water Meter and RPZ1EA$2,800.00$2,800.00$1,000.00 $1,000.00 $400.00$400.00
4.0Adjust Water Valves1LS$275.00$275.00$1,000.00 $1,000.00 $375.00$375.00
5.0Demolitio n 1LS$1,650.00$1,650.00$590.00 $590.00 $700.00$700.00
6.0Electrical panel upgrade1LS$451.00$451.00$460.00 $460.00 $515.00$515.00
7.0Conduit and Wire1LS$4,625.50$4,625.50$4,710.00 $4,710.00 $5,260.00$5,260.00
8.0Lighting Fixtures 1LS$23,870.00$23,870.00$28,560.00 $28,560.00 $32,600.00$32,600.00
9.0Lighting Fixtures Installation1LS$3,949.00$3,949.00$4,020.00 $4,020.00 $7,000.00$7,000.00
10.0Misc. Costs (fountain & receptacles) 1LS$1,320.00$1,320.00$1,344.00 $1,344.00 $1,500.00$1,500.00
11.0Concrete Pavers w/ geotextile fabric4,800SF$3.30$15,840.00$5.75 $27,600.00 $11.00$52,800.00
12.0Exposed Shell Concrete215SF$13.20$2,838.00$6.50 $1,397.50 $10.00$2,150.00
13.0Root Barrier 74LF$13.20$976.80$13.25 $980.50 $18.00$1,332.00
14.0Flush Concrete Header Curb550SF$17.60$9,680.00$14.25 $7,837.50 $30.00$16,500.00
15.0Pedestal Concrete and Footing2EA$330.00$660.00$1,000.00 $2,000.00 $4,500.00$9,000.00
16.0Seatwall Concrete and Footin g 62LF$44.00$2,728.00$80.00 $4,960.00 $150.00$9,300.00
17.0Caprock Cap 23"x23"x2"8SF$27.50$220.00$100.00 $800.00 $50.00$400.00
18.0Caprock Cap 18"x29"x2"97SF$22.00$2,134.00$52.00 $5,044.00 $22.00$2,134.00
19.0Caprock Veneer 11.5"x20"x1"15SF$19.80$297.00$32.00 $480.00 $30.00$450.00
20.0Caprock Veneer 15"x23"x1"87SF$9.90$861.30$32.00 $2,784.00 $20.00$1,740.00
21.0Custom Ceramic Tiles2EA$2,750.00$5,500.00$100.00 $200.00 $400.00$800.00
22.0Caprock Seat Divider 18LF$55.00$990.00$70.00 $1,260.00 $20.00$360.00
23.0Structural Soil 18CY$16.50$297.00$50.00 $900.00 $50.00$900.00
24.0Bike Racks 7EA$354.20$2,479.40$500.00 $3,500.00 $1,300.00$9,100.00
25.0Custom Bench 'A'1EA$7,123.60$7,123.60$9,000.00 $9,000.00 $8,690.00$8,690.00
26.0Custom Bench 'B'1EA$7,123.60$7,123.60$7,800.00 $7,800.00 $8,600.00$8,600.00
27.0Custom Bench 'C'1EA$7,123.60$7,123.60$8,500.00 $8,500.00 $8,600.00$8,600.00
28.0Trash Receptacles3EA$1,280.40$3,841.20$1,350.00 $4,050.00 $1,400.00$4,200.00
29.0Moveable Chairs 16EA$304.84$4,877.44$333.00 $5,328.00 $350.00$5,600.00
30.0Moveable Tables 8EA$655.88$5,247.04$720.00 $5,760.00 $750.00$6,000.00
West Construction, Inc
Ineligible to bid; not prequalified as recreational
contractor or in any catageory
Coastal Contracting & Development, Inc. Green Construction Technologies, Inc.
Bid Tabulation
Worthing Park Improvements
City Project #2006-061
Bid No. 2011-24
ITEM
NO. DESCRIPTION QTYUNIT Unit Price Extended Cost Unit Price Extended Cost Unit Price Extended Cost
31.0Drinking Fountai n 1EA$4,801.50$4,801.50$4,900.00 $4,900.00 $8,000.00$8,000.00
32.0 5EA$412.50$2,062.50$430.00 $2,150.00 $475.00$2,375.00
33.0 3EA$264.00$792.00$276.00 $828.00 $300.00$900.00
34.0 11EA$132.00$1,452.00$138.00 $1,518.00 $216.00$2,376.00
35.0 30EA$27.50$825.00$30.00 $900.00 $50.00$1,500.00
36.0 2EA$368.50$737.00$385.00 $770.00 $400.00$800.00
37.0 1EA$577.50$577.50$620.00 $620.00 $600.00$600.00
38.0 9EA$132.00$1,188.00$135.00 $1,215.00 $160.00$1,440.00
39.0 14EA$41.25$577.50$50.00 $700.00 $75.00$1,050.00
40.0 305EA$10.84$3,306.20$16.50 $5,032.50 $24.00$7,320.00
41.0 71EA$10.18$722.78$15.00 $1,065.00 $14.00$994.00
42.0 140EA$7.70$1,078.00$8.00 $1,120.00 $9.00$1,260.00
43.0 538EA$13.20$7,101.60$13.80 $7,424.40 $15.00$8,070.00
44.0 7EA$13.20$92.40$14.00 $98.00 $17.00$119.00
45.0 10EA$8.80$88.00$10.00 $100.00 $30.00$300.00
46.0 58EA$11.55$669.90$13.50 $783.00 $15.00$870.00
47.0Bermuda So d 2,475SF$0.64$1,584.00$0.75 $1,856.25 $0.75$1,856.25
48.0Mulch 18CY$37.40$673.20$39.00 $702.00 $35.00$630.00
49.0Planting Soil 35CY$36.30$1,270.50$39.00 $1,365.00 $50.00$1,750.00
50.0Irrigation 4,815SF$2.07$9,967.05$2.30 $11,074.50 $1.90$9,148.50
51.0Mobilization L.S.1$5,000.00$5,000.00$7,500.00 $7,500.00 $5,000.00$5,000.00
(Not to exceed 5% of the contract price)
52.0 Undefined General Allowanc e L.S.1$15,000.00$15,000.00$15,000.00 $15,000.00 $15,000.00$15,000.00
53.0Indemnificatio n L.S.1$10.00$10.00$10.00 $10.00 $10.00$10.00
54.0As-Builts L.S.1$4,301.00$4,301.00$1,000.00 $1,000.00 $4,500.00$4,500.00
Grand Total $195,656.11$219,097.15 $286,574.75
The value the bidder calculated 197,156.00 $
Calculation Error by West Construction ($1,499.89)
Fireball Bromeliad
Bromeliad mi x
Ivory Cane Pal m
Lady Pal m
Ying Bromelia d
Small Leaf Clusia
Philodendron Rojo Cong o
Imperial Bromelia d
Silver Bromelia d
Joe Hayden Begoni a
White Angel Begoni a
Bridalveil Tree
Red Feather Pal m
Triple Montgomery Palm 14'
Triple Montgomery Palm 22'
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Victor Majtenyi; Deputy Director of Public Uti lities
Richard C. Hasko, P.E.; Director of Environmental S ervices Department
THROUGH:David Harden; City Manager
DATE:September 20, 2011
SUBJECT:AGENDA ITEM 8.O.3 - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
CONTRACT AWARD/BAKER'S TRANSPORT SERVICE
ITEM BEFORE COMMISSION
Request to approve an award to Baker’s Transport Services (BTS) in the amount not to exc eed
$300,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP). This
is an annual award utilizing a cooperative procurem ent contract between Palm Beach County Water
Utilities and Baker’s Transport Service.
BACKGROUND
In May 2009, staff initiated lime sludge disposal f rom the WTP with BTS. This disposal process has
limited the amount of lime sludge that we stockpile to our lagoon and has provided treatment relief in
alleviating an over saturation condition at the eas t thickener unit. Last fiscal year, City Commission
approved an annual award in the net amount of $255,000 to BTS.
This request is an annual award for fiscal year 201 1/2012. The proposal is based on one load per day,
Monday through Saturday. The terms and conditions a re per an existing contract with BTS and Palm
Beach County Water Utilities. Their agreement with Palm Beach County is through April 2012, with
two (2) remaining 1 year renewal options at the cou nty’s request. The County’s agreement does not
have any increase to unit prices for fiscal year 20 12. Thus, BTS will haul the slurry at a rate of $19 .09
per ton, plus a mileage charge of $1.17 per mile. C urrently, there are two facilities accepting the sl urry
product; one in Orlando (Orlando Utility Commission ) and one in Pompano (Wheelabrator North
Broward recycling facility), with most of the loads going to Orlando. The total amount requested for
this annual period is $300,000. This is based on on e load per day, six days a week, estimating all loa ds
hauled to Orlando:
·26 liquid tons (per load) at $19.09/ton = $496.34 p er load, plus $1.17/mile at 382 miles (round
trip) = $943.28 per load delivered to OUC (Orlando Utility Commission) x 312 loads (estimated)
= $294,303.36.
Staff requests approval of an annual contract award to Baker’s Transport Service in an amount not to
exceed $300,000 for disposal of lime slurry from th e WTP for fiscal year 2012.
FUNDING SOURCE
Funding is available from Account # 441-5122-536-34 -90, Water and Sewer Fund/Other Contractual
Services.
RECOMMENDATION
Staff recommends approval of award in an amount not to exceed $300,000 to Baker’s Transport Service
for disposal of lime slurry from the Water Treatmen t Plant.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Victor Majtenyi; Deputy Director of Public Uti lities
Richard C. Hasko, P.E.; Director of Environmental S ervices Department
THROUGH:David Harden; City Manager
DATE:September 21, 2011
SUBJECT:AGENDA ITEM 8.O.4 - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
CONTRACT AWARD/LINE TEC INC./RECLAIMED WATER CUSTOMER CON NECTIONS
ITEM BEFORE COMMISSION
Approve an award to Line-Tec in the amount of $98,638.00 for installing wate r meters and connecting
customers on the Barrier Island to the Reclaimed Wa ter system, (P/N 12-008). The quote utilizes
existing contract prices under a current City of Bo ynton Beach bid for “Supply and Installation of Water
Service Connections & Restoration”, Bid #033-2821-1 0/JA, active through June 1, 2012.
BACKGROUND
The Area 11B Reclaimed Water System project was com pleted in August, 2011. The project consisted
of installing transmission and distribution piping for conveyance of reclaimed water to the remaining
northern portion of the Barrier Island, from Beach Drive to just south of George Bush Blvd.
Utilizing prices from an existing contract with the City of Boynton Beach, Line-Tec has provided a
quote in the amount of $98,638.00. The scope of wor k consists of installation of water meters with
associated touch read pads (City furnished under a separate purchase contract), modifying the
customer’s existing irrigation system for connection to the reclaimed system, and installation of
backflow devices. The quote is based on an estimate d 126 service connections.
Upon approval by City Commission, Line-Tec, Inc. wi ll execute a “Standard Form of Agreement
between the City and Contractor”.
FUNDING SOURCE
Funding will be from account #441-5161-536-49.23, W ater and Sewer Fund/ Reclaimed Water
Distribution System in the total amount of $98,638.00.
RECOMMENDATION
Staff recommends award to Line-Tec for installing water meters and connecting customer s on the
Barrier Island to the Reclaimed Water system.
Estimate
Date
9/14/2011
Estimate #
3382
Name / Address
City of Delray Beach
434 South Swinton Ave
Delray Beach, Fl 33444
P.O. No.Terms
Net 30
Project
Area 11B reclaimed water connections
Signature _____________________________________Total
Sales Tax (0.0%)
241 NW 18th Avenue | Delray Beach, Fl 33444 | Ph: 561.279.1032 | Fax: 561.279.1044 | www.linetecinc.com
Description Qty Cost Total
This estimate is for the removal of 126 existing irrigation sy stems supplied by city water and
reconnection to new reclaim meters located at the property line. Work will involve excavation of
existing meter box and irrigation connection, Directional Bore an estimated 7,254' (size varies) of
PVC pipe per house installation, installation of check valve and connections to house/irrigation .
The project is located at various locations within Delray Beach. The estimated meter si zes
involved are as follows 9) 3/4", 64) 1", 45) 1-1/2" and 8) 2" reuse meters. This estimate is based
on are annual contact with The City of Boyn ton Beach Bid #033-2821-10/JA Expires June 1, 2012
and will only be billed for item/Qty installed.
NOTE: All check valves and MXU's for this project shall be supplied by the City of Delray Beach.
Sprinkler/House Connection (Line Item #1)126 300.00 37800.00
1" SCH 40 PVC water service pipe, furnish and install (Line Item #2)2970 5.00 14850.00
1-1/4" SCH 40 PVC water service pipe, furnish and install (Line Item #21)1448 7.00 10136.00
1-1/2" SCH 40 PVC water service pipe, furnish and install (Line Item #22)2397 9.00 21573.00
2" SCH 40 PVC water service pipe, furnish and install (Line Item #23)439 11.00 4,829.00
Installation of MXU on meter (Line Item #69)126 15.00 1,890.00
Hourly labor rate to install check valves, one hour (Line Item #16)252 30.00 7,560.00
This estimate covers all labor, equipment, materials and restoration costs to complete t his project,
excluding any asphalt or concrete patching.
$98,638.00
$0.00
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Victor Majtenyi; Deputy Director of Public Uti lities
Richard C. Hasko, P.E.; Director of Environmental S ervices Department
THROUGH:David Harden; City Manager
DATE:September 21, 2011
SUBJECT:AGENDA ITEM 8.O.5 - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
CONTRACT AWARD/LINE -TEC, INC.
ITEM BEFORE COMMISSION
Request to approve a blanket purchase order to Line -Tec, Inc. in the amount of $205,000.00 for three
projects funded in fiscal year 2012; Water Service Relocations (P/N 12-025), Water Meter
Replacements-Contract Services (P/N 12-024), and Fire Hydrant Flow Testing. The terms and
conditions are based on the current competitively b id contract with the City of Boynton Beach for
“Supply and Installation of Water Service Connectio ns and Restoration”, Bid #033-2821-10/JA.
BACKGROUND
The Public Utilities Division requested funding for the annual water service relocation program with
current year’s budget allocation at $25,000. This contract award will allow us to continue with our
annual water service relocation program, changing r ear yard water service meters to the front yard. Al l
related work will be paid in accordance with the co ntract’s unit pricing. The request is in the amount of
$25,000.
Utilities staff also requested funding for contract services to support the annual water meter replace ment
program, with current year’s budget approved at $150,000. The program will i nitiate the replacement
of aging water meters. Most of the meters in place were installed in 1997 during a City-wide change out
program. To assist with this annual program, staff is requesting an award to Line-Tec in the amount of
$150,000. This award will facilitate the replacemen t of approximately 4,300 small meters (less than 2”);
the meters will be purchased by the City. The work will be paid in accordance to the unit contract ite ms,
estimated at $150,000.
In addition, staff requested funding for performing flow tests on City fire hydrants. The current year ’s
budget was approved at $30,000. Fire hydrant water flow tests are conducted periodi cally per Insurance
Service Office requirements. One of their requireme nts is that fire hydrants be inspected annually and
flow tested every ten years. These flow tests are recorded and entered into a database to determine t he
amount of fire that can be extinguished with the av ailable water from each hydrant. The Insurance
Service Office uses the flow test records to help d etermine the fire department’s class rating. All the
City’s fire hydrants need to be flow tested by the end o f 2013 (our ten year mark). To accomplish this,
one third of the hydrants are programmed to be test ed each year. Last year, City Commission approved
an award to Line-Tec for flow testing the first one third of our hydrants. This year’s award will allow
testing of the second one third of the City’s 2,650 hydrants, with the last one third to be per formed next
fiscal year.
Therefore, staff is requesting an award to Line-Tec in the net amount of $205,000 for providing ser vices
related to three programs; Water Service Relocation s ($25,000), Water Meter Replacements ($150,000),
and for Fire Hydrant Flow Testing ($30,000), utiliz ing contract pricing under an active City of Boynto n
Beach contract, expiring June 2012.
Upon approval by City Commission, Line-Tec, Inc. wi ll execute a “Standard Form of Agreement
between the City and Contractor”.
FUNDING SOURCE
Funding is available from account #442-5178-536-49.33 ($25,000), Water and Sewer Renewal &
Replacement Fund/ Water Service Relocations; 442-51 78-536-52.34 ($150,000), Water and Sewer
Renewal & Replacement Fund/ Water Meter Replacement Contract Service; and 441-5123-536-34.90
($30,000), Water and Sewer Fund/Contractual Service s.
RECOMMENDATION
Staff recommends an award to Line-Tec, Inc. in the amount of $205,000.00 utilizing contract pricing
under an active City of Boynton Beach contract, exp iring June 2012, for providing services related to
three programs; the Water Service Relocations ($25,000), the Water Meter Replacements ($150,000),
and for Fire Hydrant Flow Testing ($30,000).
MEMORANDUM
TO:Mayor and City Commissioners
FROM:William A. Grieve, P.E., Assistant City Engine er
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:September 27, 2011
SUBJECT:AGENDA ITEM 8.O.6 - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
CONTRACT AWARD/ROSSO PAVING AND DRAINAGE, INC.
ITEM BEFORE COMMISSION
Request for Commission approval/authorization for c ontract award to Rosso Paving and Drainage, Inc.
for construction of drainage improvments on Palm Tr ail in the amount of $92,699.00.
BACKGROUND
The work generally consists of the following: roadw ay reconstruction, drainage pipe, catch basins and
curbing along with associated miscellaneous improve ments.
The project is to address drainage issue on N.E. Pa lm Trail just north of NE 5th Street. The property
located at 509 N. E. Palm Trail sits at the low spo t on the street and storm water from the street run off
floods the property when it rains.
In April 2011, staff obtained three bids from three prequalified contractors (Hardrive, Inc., Rosso
Paving and Drainage, Inc. and Murray Logan Construc tion, Inc.) with Hardrive being the lowest bid. A
neighboring property owner expressed concerned as t o the impact of the project on his property. Staff
explored other designs to address the neighbor’s concerns and revised the plans. Staff contacted
Hardrives, Inc. as to whether they would be able to hold their quoted price and due to design changes
and material price increases Hardrive was unable. S taff asked for three bids from the same three
contractors in August, with Rosso Paving and Draina ge submitting the lowest bid.
FUNDING SOURCE
Funding is proposed from account 448-5461-538.68-69 (following budget transfer). Total project cost
$92,699.00.
RECOMMENDATION
Staff recommends approval.
Palm Trail Area Drainage Improvements
Project Number 2009-054
Proposal
(Schedule of Prices)
Engineer's EstimateRosso Paving & DrainageHardrives, Inc.Murray Logan Construction
NO.DESCRIPTIONUNIT QTY.UNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICE
1Mobilization/Demobilization L.S.1 $8,000.00 $8,000.00 $9,535.00 $9,535.00 $11,150.00 $11,150.00 $6,000.00 $6,000.00
2Traffic MaintenanceL.S.1$3,000.00$3,000.00$2,435.00$2,435.00$3,500.00$3,500.00$5,500.00$5,500.00
3Clearing & grubbingL.S.1$8,000.00$8,000.00$8,100.00$8,100.00$8,200.00$8,200.00$8,000.00$8,000.00
4Valley GutterL.F.85$25.00$2,125.00$27.00$2,295.00$26.50$2,252.50$30.00$2,550.00
5FDOT Type "A" Concrete CurbL.F.46$26.00$1,196.00$27.00$1,242.00$25.50$1,173.00$35.00$1,610.00
6FDOT Type "F" Concrete CurbL.F.128$27.00$3,456.00$29.00$3,712.00$27.00$3,456.00$32.50$4,160.00
78" Header Concrete CurbL.F.46$25.00$1,150.00$24.00$1,104.00$24.00$1,104.00$32.00$1,472.00
8Remove and Replace Paver Driveway ApronsL.S.1$9,000.00$9,000.00$11,220.00$11,220.00$5,700.00$5,700.00$13,800.00$13,800.00
91-1/2" Type S III asphaltS.Y.185$36.00$6,660.00$25.00$4,625.00$35.00$6,475.00$46.00$8,510.00
1010" Limerock Base S.Y.185$42.00$7,770.00$30.00$5,550.00$67.00$12,395.00$47.00$8,695.00
1112" Compacted SubgradeS.Y.185$27.00$4,995.00$20.00$3,700.00$25.00$4,625.00$45.00$8,325.00
12 Asphalt Overbuild Ton5$550.00$2,750.00$480.00$2,400.00$550.00$2,750.00$580.00$2,900.00
13 12" ADS PipeL.F.209$65.00$13,585.00$85.00$17,765.00$58.00$12,122.00$180.00$37,620.00
14 Stormwater Type "C" Inlet Ea.2 $3,000.00$6,000.00$2,650.00$5,300.00$3,350.00$6,700.00$3,250.00$6,500.00
15 Connect to existing 36" Storm water pipeEa.1$3,000.00$3,000.00$2,500.00$2,500.00$4,500.00$4,500.00$8,000.00$8,000.00
16 Adjust Ex. 6" Water Main (if required)Ea.1$3,500.00$3,500.00$3,100.00$3,100.00$4,500.00$4,500.00$12,400.00$12,400.00
17 Restore Sod S.Y.138$10.00$1,380.00$12.00$1,656.00$5.70$786.60$23.00$3,174.00
18 Remove and replace existing key pad L.S.1$2,000.00$2,000.00$750.00$750.00$3,000.00$3,000.00$1,500.00$1,500.00
19Video AllowanceL.S.1$200.00$200.00$200.00$200.00$200.00$200.00$200.00$200.00
20 Utility allowance L.S.1$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00
21 As Built Record Drawings L.S.1 $500.00$500.00$500.00$500.00$500.00$500.00$500.00$500.00
22 Indemnification L.S.1$10.00$10.00$10.00$10.00$10.00$10.00$10.00$10.00
TOTAL $93,000.00$92,699.00$100,099.10$146,426.00
*Murray Logan passed on submitting a revised quote at this time. Price above is from their quote dated 4/8/1 1
9/27/2011
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Victor Majtenyi; Deputy Director of Public Uti lities
Richard C. Hasko, P.E.; Director of Environmental S ervices Department
THROUGH:David Harden; City Manager
DATE:September 21, 2011
SUBJECT:AGENDA ITEM 8.O.7 - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
PURCHASE AWARD/ SENSUS USA, INC.
ITEM BEFORE COMMISSION
Approve a purchase award to Sensus USA Inc. in an a mount not to exceed $500,000.00 for the purchase
of small water meters (P/N 12-023) for fiscal year 2012.
BACKGROUND
The Public Utilities Department requested annual fu nding for the replacement of aging water meters
with the current year’s budget allocation at $500,000.00. This award is f or purchasing a large quantity
of small water meters, ranging in size from ¾-inch through 2-inch. Most of these meters are
approaching 10 years or greater in service life, th us have exceeded their manufacturers’ recommended
total metered flow for metering accuracy.
Sensus USA Inc. is the City’s current vendor for water meters. This request is for water meters as
follows per our active quote with Sensus, quote #21 180, page 1 (items #2 and 4) and page 3 (under i-
PERL meters, ¾” and 1”). Estimated quantities and size of each meter are as follows; 740 - ¾” at
$100.10 each ($74,074.00), 2,500 – 1” at $141.44 ea ch ($353,600.00), 100 – 1.5” at $299.05 each
($29,905.00), and 100 – 2” at $419.70 each ($41,970 .00), totaling $499,549.00.
Sensus Technologies, Inc. was given a purchase awar d in January 1998 for purchase of small water
meters and touch-read assemblies using a City of Cape Coral bid. Th e City now considers Sensus to be
a sole source provider for unit standardization, ma intenance and compatibility reasons.
FUNDING SOURCE
Funding is available from account account #442-5178 -536-61.81, Water and Sewer Renewal &
Replacement Fund/ Water Meter Replacement Program.
RECOMMENDATION
Staff recommends an award to Sensus USA Inc. in an amount not to exceed $500,000.00 for the
purchase of small water meters under the Water Mete r Replacement Program for FY 2012.
SENSUS USA INC. –TERMS OF SALE
Metering and Network Equipment, Network and Monitoring S ervices and Related Software
1. “Buyer” shall mean the party purchasing goods pursuant to these Terms o f Sale.
2. CONTRACT OF SALE . All Sensus goods and services are offered for sale subject to th e prices and
other terms specified in the applicable Sensus quot ation, proposal or pricelist and these Terms of
Sale (“Agreement”), and are subject to the correction of clerical errors. A Buyer's purchase order or
similar writing shall constitute an acceptance of t he offer to sell; however, any inconsistent, additional
or different terms contained in a Buyer's request for quotation or purchase or der are hereby objected
to and rejected by Sensus, and will not become part of the contract of sa le unless conspicuously
stated, and specifically negotiated with and acce pted in a writing signed by a vice president of
Sensus.
3. ENTIRE AGREEMENT . The quotation, proposal or Buyer's purchase order, this Agre ement, and any
additional terms so accepted by Sensus in writing, constitute t he entire agreement between the
parties hereto with respect to the subject matter he reof and supersedes any and all prior agreements,
understanding or other communication s, whether written or oral, formal or informal, between the m.
No consent, waiver, alteration, amendment, or modification shall be binding unless in writing and
signed by both parties.
4. PRICES . All prices quoted are subject to change based on Sensus' se lling prices in effect as of date
of shipment, and are exclusive of Federal, state and municipal taxes. All taxes applicable to the
transaction and required by law to be collected from Buyer by Sen sus will be added to the invoice as
a separate charge. Title and risk of loss to the goods shift t o Buyer upon shipment. All goods are
shipped F.O.B. shipping point. Prices quoted for blanket or ders are subject to review and retroactive
adjustment if necessary, based on actual quantities shipped.
5. CREDIT AND PAYMENT TERMS. Credit, payment and transportation terms shall be as stated on
Sensus’ invoice. If no terms are stated on Sensus’ invo ice, then Buyer shall pay Sensus within thirty
(30) days of the date of the invoice. Buyer agrees to make prompt payment in accordance with
payment terms. Sensus reserves t he right to modify credit or payment terms at any time without prior
notice to Buyer, and to require payment guarantees, security or payment in advance in Sensus’ sole
discretion.
6. PACKAGING . Sensus reserves the right to select the manner in which good s and equipment are
packaged. Quoted prices include regular packing. Special requ irements for packing will be subject to
extra charges.
7. DELIVERY . Shipping dates and completion dates quoted by Sensus are made in good faith but are
not guaranteed, and Sensus reserves the right to ex tend shipping dates as it deems necessary in its
sole discretion, without liability to Buyer. In the ab sence of shipping instructions from Buyer, Sensus
will use its discretion as to the select ion of shipping serv ices and routings.
8. FORCE MAJEURE. If Sensus becomes unable, either wholly or in part, by an e vent of Force
Majeure, to fulfill its obligations under this Agreement, the obligations affected by the event of Force
Majeure will be suspended during the continuance of t hat inability. The term “Force Majeure” as used
in this Agreement means acts of God, hurricane, flood, volcano, tsunami, tornado, storm, tempest,
vandalism, illegal radio frequency interference, strike s, lockouts, or other industrial disturbances,
unavailability of component parts of any goods provided here under, acts of public enemies, wars,
blockades, insurrections, riots, epidemics, earthquakes, fires, restrai nts or prohibitions by any court,
board, department, commission or agency of the Un ited States or any States, any arrests and
restraints, civil disturbances and explosions. An y delays so occasioned shall affect a corresponding
extension of Sensus’ performance dates which are, in any event, understood to be approximate.
9. CANCELLATION . Orders acknowledged by Sensus may not be canceled or amende d, or deliveries
deferred, by Buyer except with Sensus' prior written consent, and then only upon such terms as shall
be acceptable to Sensus.
10. WARRANTIES . The following Warranties shall apply:
(a) Metering Equipment and Parts. Sensus warrants its water metering equipment as set forth
in Appendix A. Sensus warrants its other goods and products, including without limitation, its
gas meters, electric meters, network equipment and parts, (collectivel y, “Sensus Products”)
to be in compliance with their respective specif ications under normal use and service, and to
be free from defects in materials and workmanship for a warrant y period of twelve (12)
months from the date of the installation or ei ghteen (18) months from the date of shipment,
whichever occurs first. These warranties do not apply to Sensus Products modified or
repaired withcomponent parts or assemblies, including, without limitation, communication
system component parts and assemblies, not ce rtified by Sensus, or damaged, altered,
improperly installed or otherwise subjected to misuse or improper storage, as determined by
Sensus. The warranty period for new spare parts and components sold by Sensus is twelve
(12) months from the date of shipment. The warranty period for repaired or refurbished parts
repaired by Sensus is ninety (90) days from the date of shipm ent, unless repaired pursuant to
a warranty, in which case the repair is warranted for the time re maining of the original
warranty period.
(b) Network and Monitoring Services . Sensus warrants that network and monitoring services
(“Services”) shall, at the time of acceptance, conform to the contract requirements, and shall
be performed in a professional and workmanlike manner, free from defects in workmanship.
(c) Software. Sensus’ warranty for Software licensed to Buyer by Sensus shall be as set forth in
the applicable software license.
(d) ALL WARRANTIES SET FORTH IN THIS SEC TION ARE EXCLUSIVE AND ARE IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHA NTABILITY OR FITNESS FOR PARTICULAR
PURPOSE. BUYER ASSUMES SOLE RESPONS IBILITY FOR DETERMINING THAT THE
SENSUS PRODUCTS, WATER METERING EQUIPMENT, SERVICES AND SOFTWARE
LICENSES PURCHASED ARE SUITABLE FOR THEIR INTENDED APPLICATION AND
USE.
11. BUYER'S REMEDIES . The following Remedies shall apply:
(a) If any Sensus Product or water metering equipment (collectively, “Equipment”) fails within the
applicable warranty period, Sensus shall, at its option, ei ther repair or replace the item of
Equipment, or refund the purchase price thereof, provided, the Equipment item is returned to
Sensus’ designated receiving facility or agent, wi th transportation charges prepaid, and the
Equipment item, upon examination, is found by Se nsus not to conform to the warranty. No
remedy shall apply to any items of Equipment modified or repaired with component parts or
assemblies, including, without limitation, communication system component parts and
assemblies, not certified by Sensus. SENSUS IS NOT LIABLE FOR ANY REVENUE LOST
BY ANY UTILITY, MUNICIPALTY OR OTHER USER OF ELECTRICITY, GAS, OR WATER,
AS APPLICABLE.
(b) Buyer’s remedy under the warranty for Services shall be, at Sensus’ sole cost and expense,
to correct or re-perform any defective or non -conforming Services to assure compliance with
the contract requirements.
(c) Buyer's remedy for software licensed to Buyer s hall be as set forth in the applicable software
license.
(d) SENSUS ASSUMES NO LIABILITY FOR COSTS OR EXPENSES ASSOCIATED WITH
LOST REVENUE OR WITH THE REMOVAL OR INSTALLATION OF EQUIPMENT. THE
FOREGOING REMEDIES ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES FOR THE
FAILURE OF EQUIPMENT, SERVICES OR LICENSED SOFTWARE TO CONFORM TO
THEIR RESPECTIVE WARRANTIES.
12. INTELLECTUAL PROPERTY INDEMNITY . Sensus shall indemnify and hold harmless Buyer from
and against any litigation instituted against Buyer by a third party which finds that the Equipment
provided hereunder infringes upon the Intellectual Proper ty of such third party. “Intellectual Property”
shall mean patents, copyrights, and trademarks. Sensus shall have the right to select counsel in such
proceedings and control such proceedings and shall be responsible for the legal costs thereof as well
as any judgment rendered therein or settlement reached therein. Notwithstanding the foregoing,
Sensus shall have no liability under this indemnity unless Buyer cooperates with and assists Sensus
in any such proceedings and gives Sensus written notice of any claim hereunder within a reasonable
time after receiving it. Further, Sensus shall have no liabil ity hereunder if such claim is based upon
any change, modification or alteration made to the Equipment by Buyer or any use of the Equipment
other than as approved by Sensus. NOTWIT HSTANDING THE FOREGO ING, SENSUS ASSUMES
NO LIABILITY FOR SPECIAL, INDIRECT, IN CIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOST RE VENUES OR PROFITS, ARISING OUT OF ANY
CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT. EQUIPMENT MANUFACT URED TO
BUYER'S DESIGNS OR SPECIF ICATIONS ARE SOLD WITH NO WARRANTY AGAINST
INTELLECTUAL PROPERTY INFRINGEMENT. TH E FOREGOING STATES BUYER'S SOLE AND
EXCLUSIVE REMEDY WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT
CLAIMS.
13. LIMITATION OF LIABILITY.
(a) Sensus’ aggregate liability in any and all causes of action arising unde r, out of or in relation to
this agreement, its negotiation, performance, breach or termin ation (collectively “Causes of
Action”) shall not exceed the total amount paid to Sensus under this Agreement. This is so
whether the Causes of Action are in tort, includi ng, without limitation, negligence or strict
liability, in contract, under statute or otherwise.
(b) As separate and independent limitations on liability, Sensus’ liability shall be limited to direct
damages. Sensus shall not be liable for; (i) any indirect, in cidental, special or consequential
damages; nor (ii) any revenue lost by Buyer or by any utility from any end user that pays for
the consumption of electricity, gas, or water, as applicable, irrespective whether such lost
revenue is categorized as direct damages or otherwise.
(c) The limitations on liability set forth in this Agreement are fundamental inducements to Sensus
entering into this Agreement. They apply unconditionally an d in all respects. They are to be
interpreted broadly so as to give Sensus the maximum protection permitted under law.
14. INTENTIONALLY OMITTED.
15. 15. RETURNS . No Equipment may be returned for credit or repair without the prior authorization of
Sensus. Authorized return shipments must be returned in good cond ition to Sensus’ designated
receiving point, must be accompanied by a packing slip includin g Sensus’ Return Authorization
Number, and must have transportation charges prepaid. Corresp ondence concerning all returned
goods should be addressed to the appropr iate Sensus office. Sensus reserves the right to deduct an
adequate service charge to cover all inspection, testing and ha ndling from any credit.
16. REPAIRS . All repairs are made on an f.o.b. factory basis. All transport ation charges for goods
returned for repairs must be prepaid by the Buyer.
17. ASSIGNMENT . Buyer may not assign, transfer or delegate this Agreement or a ny part of Buyer’s
rights or duties hereunder without the prior written consent of Sensus. Any attempt by Buyer to assign
or delegate any portion of this Agreement in viol ation of this Section shall be null and void. Sensus
may assign this agreement, without the consent of Buyer, in th e sole discretion of Sensus.
18. GOVERNING LAW . The Terms of Sale shall be governed, interpreted and enf orced exclusively in
accordance with the laws of the State of Flor ida, except for its conflicts of laws rules.
19. DISPUTE RESOLUTION .
(a) Any and all Causes of Action (as defined in Section 13(a)) whi ch cannot be resolved by
negotiation between the parties shall be finally resolved by a court of law, sitting without a
jury, in the courts of the Stat e of Florida, and each of the parties irrevocably submits to the
exclusive jurisdiction of such courts in any such proceeding, wa ives any objection it may now
or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the
proceeding shall be heard and determined only in any such courts, and agrees not to bring
any Causes of Action (as defined in Section 13(a )) in any other court. The parties agree that
either or both of them may file a copy of this paragraph with any court as written evidence of
the knowing, voluntary and bargained agreemen t between the parties irrevocably to waive
any objection to venue or to convenience of forum.
(b) EACH PARTY TO THIS AGREEMENT HE REBY KNOWINGLY AND VOLUNTARILY
WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY CAUSES OF ACTION (AS DEFINED IN
SECTION 13(A)), WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER
SOUNDING IN CONTRACT, TORT OR OTHERWISE. THE PARTIES AGREE THAT
EITHER OF THEM MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS
WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR
AGREEMENT BETWEEN THE PARTIES IRREVO CABLY TO WAIVE TRIAL BY JURY AND
THAT ANY PROCEEDING WH ATSOEVER BETWEEN THEM RELATING TO THIS
AGREEMENT OR ANY OF THE CONTEMPL ATED TRANSACTIONS SHALL INSTEAD BE
TRIED IN A COURT OF COMPETENT JURISD ICTION BY A JUDGE SITTING WITHOUT A
JURY.
20. THIRD PARTY MANUFACTURERS. In cases were Buyer requests or requires Sensus to deliver
Equipment to a third party manufacturer (or any othe r third party), payment for such Equipment is due
30 days from delivery to such manufacturer or other th ird party, irrespective of how long it takes such
third party to deliver the Equipment to Buyer.
21. SURVIVAL. The provisions of this Agreement that are applicable to circumstances arising after its
termination or expiration shall surviv e such termination or expiration.
22. SEVERABILITY. In the event any provision of this Agreement is held to be void, unlawful or
otherwise unenfor ceable, that provision will be severed fr om the remainder of the Agreement and
replaced automatically by a provision containing terms as nearly like the void, unlawful, or
unenforceable provision as possible; and the Agreement, as so modified, will continue to be in full
force and effect.
23. SECTION HEADERS. Section headings are used in this Agreement for reference purpo ses only and
shall not affect the interpretation or meaning of this Agre ement.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Bruce Koeser, Human Resources Director
THROUGH:David T. Harden, City Manager
DATE:October 3, 2011
SUBJECT:AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PBA POLICE
LIEUTENANTS
ITEM BEFORE COMMISSION
The item before the Commission is ratification of t he Collective Bargaining Agreement with the Police
Benevolent Association Police Lieutenants.
BACKGROUND
The attached three-year labor agreement has been ratified by the Polic e Benevolent Association/Police
Lieutenants. The agreement duration is from Octobe r 1, 2011 - September 30, 2014, and provides
major changes in the following areas:
Hours of Work
Reduces the work week from 42 hours to 40 hours. P ay will be reduced accordingly.
Wages
Provides for a merit increase of from 0% to 5% the first year and a wage freeze in year two, with a r e-
opener in year three. The merit increase will offs et most, if not all, of the workweek reduction.
Holidays
Eliminates two paid holidays for Police Lieutenants for each year of the agreement.
Pension
The employee contribution to the Delray Beach Polic e and Fire Retirement System will increase by
three percent (3%). A re-opener in year two will allow negotiation of pensio n benefit changes for
employees hired after October 1, 2012.
Retiree Health Insurance
Changes the 3.3% payroll contribution to the Retire e Health Insurance Fund (VEBA) to a contribution
covering current retirees only.
RECOMMENDATION
Staff recommends ratification of the Collective Bar gaining Agreement with the Police Benevolent
Association/Police Lieutenants.
C O L L E C T IVE B A R GA I N IN G A G R E E M E N T
b e t w e e n t h e
C i t y o f D e lra y B e a c h
a n d t h e
P o l ic e B e n e v o le n t A s so c ia t io n
October 1, 2011 ± September 30, 2014
P OLI C E LIE U TEN A N TS
CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT LIEUTEN ANTS 2011 -2014
TABLE OF CONTENTS
Page
Preamble 1
Article 1 Recognition 2
Article 2 Dues Check Off 3
Article 3 Union Representation 4
Article 4 Labor-Management Committee 6
Article 5 Bulletin Boards 8
Article 6 Solicitation of or by Employees 9
Article 7 Management Rights 11
Article 8 Hours of Work 17
Article 9 Wages 19
Article 10 Hospitalization Insurance 22
Article 11 Holidays 24
Article 12 Vacation 26
Article 13 Sick Leave 29
Article 14 Leaves of Absence With Pay 32
Article 15 Leaves of Absence Without Pay 33
Article 16 Bereavement Leave 34
Article 17 Miscellaneous Considerations 35
Article 18 Nepotism 37
Article 19 Probationary Period - Promoted Employees 38
Article 20 Seniority 40
Article 21 Promotions 43
Exhibit A Promotion in the Police Department 45
Article 22 Physical Fitness 47
Article 23 Outside Employment 48
Article 24 Resignation 50
Article 25 Non-Applicability of Civil Service Act
and Civil Service Rules and Regulations 52
Article 26 Comprehensive Alcohol & Drug Abuse Policy for
City of Delray Beach Police Dept.Employees 53
Article 27 Damage to City Property 61
Article 28 Discipline 63
Article 29 Absence Without Leave 68
Article 30 Police Bill of Rights 69
Article 31 No Strike 70
Article 32 Personnel Documents 72
Article 33 Uniform Allowance 73
Article 34 Disability Insurance 74
Article 35 Sick and Vacation Pay-out Accruals 75
Article 36 Take Home Vehicle Plan 76
Article 37 Grievance Procedures 77
CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT LIEUTEN ANTS 2011 -2014
Article 38 :RUNHUV¶&RPSHQVDWLRQ 88
Article 39 Retiree Insurance 89
Article 40 Contract Constitutes Entire Agreement
of the Parties 91
Article 41 Severability and Waiver 92
Article 42 Pension Plan Matters 93
Article 43 Duration, Modifications, and Termination 94
Article 44 Amendments 96
Article 45 Execution of Agreement 97
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
1
PREAMBLE
This Agreement is entered into by the employer, th e City of
Delray Beach, Florida, a Florida municipal corporat ion,
hereinafter referred to as "City", and the Police B enevolent
Association, hereinafter referred to as the "P.B.A.", for the
purpose of promoting harmonious relations between t he City and
the bargaining unit represented by the P.B.A., here inafter
referred to as "members" or "employees", to establi sh an orderly
and peaceful procedure for settling differences whi ch might
arise and to set forth the basis and full agreement between the
parties concerning rates of pay, wages, hours of wo rk, and other
conditions of employment. The terms, provisions, a nd conditions
of this Agreement shall have no retroactive effect, but shall
only commence upon the effective date of this Agree ment unless a
specific article or provision of this Agreement pro vides
otherwise.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 1
RECOGNITION
Section 1
The City of Delray Beach recognizes the Police Ben evolent
Association (the P.B.A.) as the certified bargainin g agent for
all employees in the bargaining unit for all matter s relating to
wages, hours, and terms and conditions of employmen t.
Section 2
The bargaining unit represented by the P.B.A. unde r this
Agreement shall include all regular, full-time swor n law
enforcement officers with a rank of Police Lieutena nt. Excluded
from the bargaining unit shall be all non-sworn emp loyees of the
Police Department, Police Officers, Police Sergeant s, Captains,
Majors, the Chief of Police, and the Internal Affai rs
Lieutenant.
Section 3
Correspondence, communications, or notices required by law
RURWKHUZLVHSHUWDLQLQJWREDUJDLQLQJXQLWPHPEHUV¶ZDJHVKRXUV
and terms and conditions of employment shall be dir ected to:
John Kazanjian, President
Palm Beach County Police Benevolent
Association, Inc.
2100 N. Florida Mango Road
Attention: General Counsel
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 2
DUES CHECK OFF
Bargaining unit members may voluntarily make arran gements
with the City for a payroll deduction of P.B.A. due s and uniform
assessments. Upon receiving an authorization for d ues
deductions from the bargaining unit member, the Cit y shall
deduct such dues and uniform assessments from the s ubject
EDUJDLQLQJXQLWPHPEHU¶V compensation and remit the amount
deducted to the P.B.A.
The P.B.A. agrees to indemnify, defend, and hold t he City
harmless from and against all claims, costs, demand s, expenses,
judgments, or other liabilities on account of dues or uniform
assessments erroneously collected by the City and/o r remitted to
the P.B.A. The P.B.A. further agrees to refund to the City any
amounts paid to the P.B.A. in error, upon presentat ion of proper
evidence thereof.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 3
UNION REPRESENTATION
Section 1
The City agrees that during the term of this Agree ment it
will deal only with the authorized representatives of the P.B.A.
in all matters requiring mutual consent or other of ficial action
called for by this Agreement.
The P.B.A. agrees to notify the City Manager and t he Police
Chief, in writing, of the names of such authorized
representatives as of the execution of this Agreeme nt and
replacements therefore during the term of this Agre ement.
Section 2
The P.B.A. likewise agrees that during the term of this
Agreement, the P.B.A. and the employees covered her eunder shall
deal only with the City Manager or his representati ve in matters
requiring mutual consent or other official action.
Section 3
The P.B.A. may designate two (2) general represent atives ,
in addition to its attorney, whose right it shall b e to
represent the employees in the bargaining unit, at those times
set forth in this Agreement in which such employees are entitled
to representation.
Notice by the City to the representative, or to hi s
designee in the absence of the representative, shal l be notice
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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to all representatives, c/o the Delray Beach Police Department
address.
Employees shall retain the option of proceeding
individually or being represented by a person of th eir own
choosing.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 4
LABOR-MANAGEMENT COMMITTEE
Section 1
There shall be a Labor-Management Committee consis ting of
the following employee-management representatives:
(1) Two (2) bargaining unit representatives, as de signated
by the P.B.A.
(2) Two (2) management Police Department employees , as
designated by the Police Chief.
Section 2
Meetings of this committee may be scheduled at the request
of either party upon five (5) days notice in advanc e. The party
requesting such a meeting shall forward to the desi gnated
representative of the other party an agenda specify ing those
questions/issues to be presented for discussion. T he time,
place, and duration of discussion shall be determin ed by the
City.
Section 3
The sole function of the Labor-Management Committe e shall
be to discuss general matters pertaining to employe r-employee
relations. The Committee shall not engage in colle ctive
bargaining or the resolution of grievances.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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Section 4
The City will endeavor to schedule such committee meetings
so as not to unduly interfere with the regularly sc heduled shift
of any bargaining unit member designated to attend. The P.B.A.
shall submit to the City Manager (or his designee) in advance,
and keep current, a list of those bargaining unit m embers who
will be designated for said Committee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 5
BULLETIN BOARDS
The P.B.A. may provide one (1) serviceable, locked and
glass-encased bulletin board in the Police Departme nt building
for use by the P.B.A. in posting notices of P.B.A. business and
activities. All materials posted must be signed by the
lieutenant of the P.B.A., who shall be held respons ible for the
content of such materials. A copy of all such mate rials shall
be provided to the Police Chief or his designee in advance of
such posting.
The bulletins, notices, mobile digital computers, Microsoft
Outlook, or materials posted shall contain nothing of a
political nature (excluding political material rela ting to
P.B.A. elections) and nothing of a derogatory natur e toward the
City, its elected officials or employees, as determ ined by the
City.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 6
SOLICITATION OF OR BY EMPLOYEES
Section 1
Unless specifically authorized by the City Manager , all
solicitations among City employees during working h ours for
commercial, charitable, or union purposes, and sell ing of
tickets, magazines, and other merchandise, is prohi bited.
Section 2
Employee organizations, their members, agents, or
representatives, or any persons acting on their beh alf are
hereby prohibited from and shall not be required to :
A. Solicit public employees during working hours of any
employee who is involved in the solicitation.
B. Distribute literature during working hours in ar eas where
the actual work of public employees is performed, s uch as
offices, warehouses, schools, police vehicles, poli ce
stations, fire stations, and any similar public
installations. This section shall not be construed to
prohibit the distribution of literature during the
employee's lunch hour or in such areas not specific ally
devoted to the performance of the employee's offici al
duties.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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C. Solicit for commercial, charitable, or union pur poses, and
sell tickets, magazines, or other merchandise while in City
uniform or attire, or while using City vehicles or
equipment.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 7
MANAGEMENT RIGHTS
Section 1
The City exclusively reserves and retains all righ ts,
powers, prerogatives and authority customarily exer cised by
management and held or exercised by the City prior to the
certification of the P.B.A., except as limited by l aw or
expressly modified by this Agreement.
Section 2
The City of Delray Beach shall have the right, sub ject only
to express restrictions in this Agreement, and subj ect to the
PBA's right if any to impact bargain, to exercise i ts own
discretion unilaterally on all of the following mat ters,
whatever may be the effect on employment, when in i ts sole
discretion it may determine it is advisable to do a ny or all of
the following:
1. To manage and administer the affairs of the City
generally.
2. To decide the purpose of each of its constituent
agencies.
3. To set standards of service to be offered to the
public.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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4. To exercise control and discretion over its
organization and operation.
5. To direct its employees.
6. To relieve its non-probationary employees from d uty
because of lack of work and other legitimate reason s,
to remove a promoted probationary employee from the
position to which he was promoted. In the event a
promoted probationary employee is removed for failu re
to satisfactorily perform job duties, he/she shall be
returned to the position from which he/she was
promoted (and this shall not be construed as a
limitation upon or a waiver of the City's right to
discharge or discipline such a promoted probationar y
employee). The City may likewise remove other
promoted probationary employees which may be necess ary
because of the return of this employee to his forme r
position.
7. To relieve other probationary employees from dut y for
any reason.
8. To determine and redetermine work schedules.
9. To maintain order and efficiency in its operatio ns.
10. To determine and redetermine starting and quitt ing
times, in which case the City shall provide to the
affected employees five (5) calendar days notice in
advance of any changes in such starting and quittin g
times, except that no such advance notice shall be
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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required in cases of emergency as determined by the
City.
11. To determine and redetermine the number of hour s to be
worked, in which case the City shall provide to the
affected employees five (5) calendar days notice in
advance of any changes in such number of hours to b e
worked, except that no such advance notice shall be
required in cases of emergency as determined by the
City.
12. To require employees to submit to a medical
examination by a physician designated by the City.
13. To promulgate rules and regulations for its emp loyees
not in conflict with the provisions of this Agreeme nt.
14. To set the standards and procedures for applica tion,
testing, selection procedures, and appointment to
positions in the Police Department.
15. To take disciplinary action against employees w ho
violate any provisions of this contract or any rule s
and regulations promulgated by the City not in
conflict with the provisions of this Agreement.
16. To enforce and make amendments to the General O rders
at any time, and to enforce the provisions in such
General Orders against both probationary and non-
probationary members of the bargaining unit, and to
take disciplinary action against employees for fail ure
to follow the provisions of such General Orders.
However, the exercise of such rights by the City sh all
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
14
not necessarily preclude employees or their
representatives from raising grievances, should
decisions on the above matter set forth in this
subsection have the practical consequence of violat ing
the terms and conditions of this Agreement.
17. Under reasonable circumstances, to dismiss or
otherwise relieve from duty employees who have
contracted or developed some mental or physical
ailment or defect which incapacitates him/her for d uty
in the City service.
18. To require enhanced supervision of both probati onary
and non-probationary employees under reasonable
circumstances.
19. To hire, promote, demote, evaluate, compensate,
transfer, assign, direct, layoff, recall, or reward
employees.
20. To determine, re-determine, and direct the poli cies,
mode, and methods of performing work of any sort.
21. To determine the qualifications for and to sele ct its
employees.
22. To determine the size and composition of its wo rk
force.
23. To assign overtime work and to select persons t o
perform such overtime work, subject to existing
practices of equitable distribution of overtime
opportunities.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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24. To determine the number and types, and to contr ol,
regulate, or discontinue the use, of vehicles,
equipment, processes, materials, supplies, and othe r
property, to be used, operated, or distributed.
25. To institute and establish new methods and proc edures
of training of unit employees, and to engage in suc h
training methods and procedures.
26. Subject to any legal rights of incumbent employ ees to
the contrary, to determine and redetermine job
content, job descriptions, and all qualifications f or
job classifications.
27. To determine the amounts and types of work to b e
performed by employees.
28. To determine whether and to what extent the wor k
required in its operations shall be performed by
employees covered by this Agreement.
29. To use managerial, supervisory, or other non-un it
employees to perform work performed by employees of
the unit.
30. To open new facilities, and to transfer its ope rations
or any part thereof to such new facilities, and to
transfer or assign employees to new facilities.
31. To subcontract all or any part of its functions ,
operations, or work.
32. Subject to any legal rights of incumbent employ ees to
the contrary, to expand, reduce, alter, combine,
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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transfer, assign, cease or create any job, job
classification, department or operation.
33. To introduce new, different, or improved metho ds,
means, processes, maintenance, service, and
operations.
34. To discontinue conduct of its mission or operat ions in
whole or in part.
35. To take all actions necessary to ensure complia nce
with federal and state equal employment opportunit y
laws, including, but not limited to, Title VII of t he
Civil Rights Act of 1964 and the Americans With
Disabilities Act of 1990.
36. Except as specifically provided in this Agreeme nt, to
have complete authority to exercise those rights an d
powers which are incidental to the rights and power s
enumerated above.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 8
HOURS OF WORK
Section 1
The regular work schedule shall be eighty (80) hou rs in a
2-week cycle. The number of hours per day and days per week
shall be determined by the Police Chief. Work sche dules of
bargaining unit members shall be established and im plemented in
the sole and exclusive discretion of the Police Chi ef.
Section 2
It is recognized and understood that deviations fr om the
foregoing normal schedules of work will be necessar y and will
unavoidably result from several causes, such as but not limited
to: rotation of shifts, vacation, leaves of absenc e, weekend
and holiday duty, absenteeism, employee requests, t emporary
shortage of personnel, and emergencies. No such de viation shall
be considered a violation of this contract. Recogn izing that
the Department has an obligation to provide suffici ent manpower,
the City will attempt to avoid causing an employee covered by
this Agreement to work two (2) consecutive shifts, except in
unusual circumstances as determined by the Chief of Police or
his authorized designee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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Section 3
For all employees the scheduled work day shall be broken
down into fifteen (15) minute segments. An employe e shall be
noted as late for work if he/she does not report re ady for work
at his/her work station at his/her starting time.
Section 4
The parties acknowledge that the employees in the
bargaining unit are exempt from the overtime requir ements of the
Fair Labor Standards Act.
Section 5
An employee who is temporarily and continuously as signed by
the proper authority to perform the duties of a hig her
classification for more than three (3) consecutive shifts, will
be compensated for the time spent in the higher cla ssification
at a rate of five percent (5%) above his/her regula r base
salary. Once additional compensation commences, it will be paid
retroactive to when the employee first began the co ntinuous
service as an acting supervisor, and shall continue until the
employee's continuous service as an acting supervis or ceases.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 9
WAGES
Section 1
It is agreed between the parties that the salary s chedule
for bargaining unit employees is as follows:
Fiscal Year 2011-2012
Minimum Maximum
Police Lieutenant $67,523 $108,037
Fiscal Year 2012-2013
Minimum Maximum
Police Lieutenant $67,523 $108,037
Fiscal Year 2013-2014
Minimum Maximum
Police Lieutenant $67,523 $108,037
*based on a 40 hour work week.
Section 2
On October 1, 2011 or ratification date of thi s agreement,
whichever is later, for fiscal year 2011-12, Police Lieutenants
shall be eligible to receive an individual performa nce increase,
in the range of 0% through 5% inclusive. Such indi vidual
performance increases shall be received on the same City-wide
terms, conditions, and subject to the limitations a pplicable to
other City employees. On a one time basis, employee s who exceed
the maximum of the salary range as a result of this Merit
Increase, either in whole or in part, will receive the amount of
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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salary over the maximum in lump sum form in the reg ular payroll
as soon as possible after ratification date or Octo ber 1, 2011,
whichever is later.
Said individual performance increases shall be gra nted
pursuant to the 2010-2011 fiscal year Employee Perf ormance
Evaluation criteria and forms as determined by the City Manager.
Section 3
Effective October 1, 2012, employees of the ba rgaining unit
shall not be eligible to receive an individual perf ormance merit
increase. Wage increases shall be frozen.
Section 4
Either party may re-open Article 9 for Fiscal Yea r 2013-14,
by notifying the other party no later than June 1, 2013.
Section 5
Night Shift Incentive ± Employees who work evening shifts
shall be paid an incentive. Accordingly, an assignm ent where the
majority of the shift hours occur after 5:00 p.m. s hall be paid
at the rate of $.75 per hour.
Section 6
Educational Incentive Compensation ± Employees covered by
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Associate Degree levels of higher education from ce rtified
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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colleges and universities shall receive educational compensation
as follows:
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$VVRFLDWH¶V'HJUHH - $1.00 per hour
The Educational Incentive shall be paid as a bonus outside the
salary range and be included in pension calculation .
Section 7
Employees who are fluent (speaking, reading, w riting and
listening) in Creole or Spanish will be eligible fo r Language
Incentive pay at the rate of $.43 per hour. The La nguage
Incentive shall be paid as a bonus outside the sala ry range and
shall be included in overtime and pension calculati on. To be
eligible for the Language Incentive pay, employees must first
pass a language proficiency test given by a vendor selected by
the City.
Section 8
Evening/Night Shift Incentive, designed to attract and
compensate Lieutenants to work evening and midnight shifts shall
be paid on a cent per hour basis. Accordingly, an assignment
where the majority of the per shift hours occur aft er 5:00 p.m.
shall be paid at $.75 cents per hour.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 10
HOSPITALIZATION INSURANCE
Section 1
The City agrees to pay the total medical and
hospitalization insurance premium for all bargainin g unit
employees for the coverage that is in effect for ge neral
employees. The City may change such coverage, prov ided that the
change in coverage is in conjunction with a change in coverage
for a substantial portion of the general employees of the City,
and that after such change, the City will pay the t otal
hospitalization premium for all bargaining unit emp loyees under
the new coverage.
Section 2
All bargaining unit employees shall pay the total medical
and hospitalization insurance premiums for any depe ndant
coverage which they may elect.
The parties agree that state or federally mandated health
insurance plans may impact the parties rights and o bligations.
The parties agree that if there are such mandates d uring the
duration of this contract, the impact thereof shall be subject
to bargaining .
Section 3
The City reserves the right to change the medical and
hospitalization insurance carrier, but the level of deductibles
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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and insurance benefits provided to bargaining unit employees
shall not be reduced during the term of this Agreem ent.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 11
HOLIDAYS
Section 1
The following days shall be holidays for all regul ar full-
time employees:
New Year's Day Independence Day
Martin Luther King, Jr.'s Birthday Thanksgiving Da y
Memorial Day (last Monday in May) Thanksgiving Fri day
Personal Holiday Christmas Eve
(1 per fiscal year) Christmas Day
and any other day declared by the City Commission t o be a legal
holiday. The Personal Holiday will be granted on a date
selected by the employee, provided the employee has six (6)
consecutive months of regular full-time service wit h the City.
The date selected must be approved by the Police Ch ief.
Shift Lieutenants shall have nine (9) holidays (72 hours),
per fiscal year, the dates for which may be selecte d in advance
by the employee, subject to the approval of the Pol ice Chief or
his authorized designee, on any regular scheduled w ork day
during the contract period, provided that no more t han three (3)
such holidays shall be permitted per calendar month , and the
selection by the employee must be made no later tha n twenty-four
(24) hours prior to the date(s) selected.
Section 2
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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Shift Lieutenants, a maximum of 36 hours can be use d for
pay out of holiday options, and a minimum of 36 hou rs must be
used for time off.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 12
VACATION
Section 1
Regular, full-time bargaining unit members shall r eceive
annual vacations, which may be accumulative from ye ar to year,
pursuant to the provisions set forth in Section 6, below.
Section 2
VACATION ALLOWANCE CHART
Years of Continuous Service Other Full Time Personnel
Over, but less than Vacation Hours
0 years 3 years 8.00/month
3 years 7 years 9.33/month
7 years 11 years 10.66/month
11 years 12.00/month
The accumulation of vacation days at each of the s tages
referenced above shall commence during the fourth, eighth, or
twelfth years, respectively, of continuous service. For
example, an employee in his/her fourth year of cont inuous
service would be earning vacation time at the rate of one
hundred twelve (112) work hours per year so that at the end of
the fourth year of continuous service for that four th year, the
employee would have available one hundred twelve (1 12) work
hours to take during the next year (the fifth year); and, that
the rate of one hundred twelve (112) work hours per year
vacation time would continue to be accumulated annu ally in the
fifth, sixth, and seventh years of continuous servi ce; the rate
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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of one hundred twenty-eight (128) work hours would then be
accumulated between the employee's seventh annivers ary date and
the employee's eighth anniversary date.
Section 3
Continuous service shall be considered to be any s ervice in
which there has been no interruption by resignation , absence
without leave, or by involuntary separation or lay-off in excess
of one year. Absence due to military service, inju ry in line of
duty, or sick leave with pay shall not serve to int errupt
continuous service unless the employee was employed by another
employer during such period of absence. Absence du e to leave
without pay shall not be construed as an interrupti on of
continuous service, but vacation benefits shall not be accrued
during such leave.
Section 4
When legal holidays occur within the vacation peri od of an
employee, the number of such days that are legal ho lidays shall
be added to the normal number of vacation days allo wed, or paid
as straight time, at the employee's option.
Section 5
An employee resigning from the service of the City in good
standing shall be paid for any vacation credit accu mulated prior
to resignation, provided:
A. He/she has completed one year of continuous serv ice.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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B. He/she gives at least two weeks' written notice of his
intent to resign and the written notice or copy of
same is filed with the City Manager's office at lea st
two weeks prior to separation.
Section 6
Vacation time is subject to the following requirem ents:
The maximum accumulation permitted will not exceed two hundred
eighty-eight (288) working hours. All vacations, i ncluding
those periods made mandatory above, including the t iming of such
vacation and the actual number of days taken, are m ade expressly
subject to the approval of the Chief of Police and City Manager.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 13
SICK LEAVE
Section 1
The P.B.A. recognizes that sick leave is not a pri vilege
which an employee may use at his discretion and it shall be
allowed only for the following:
1. Employee's injury, illness or quarantine due to
exposure to contagious disease.
2. Actual illness of a member of an employee's imme diate
household (wife, husband or child) where care by th e
employee is required.
Section 2
All regular full-time employees may be given sick leave
with pay at the rate of 8 hours for each calendar m onth of
continuous service during which there were no absen ces without
leave, provided:
1. Sick leave credits shall accrue during the first six
months of service, but shall not be granted until
completion of six months of continuous service.
2. If employment begins on or before the fifteenth day of
the month sick leave credit shall be given for the
entire month. If employment begins after the
fifteenth day of the month sick leave will not be
credited until the first day of the following month .
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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3. If an employee works less than half the normal w ork
days during a month for reasons other than vacation ,
sick leave shall not be credited for that month.
4. Sick leave credits shall be available for use on the
first day of the month following the month in which
earned.
The maximum sick leave accumulation that may be ac crued is
one thousand one hundred twenty (1,120) hours.
The employee may bank all unused sick leave each y ear until
the one thousand one hundred twenty (1,120) hours m aximum is
reached.
Section 3
Employees who resign in good standing shall receiv e pay at
their then regular hourly rate for the portion of t heir accrued
sick leave stated below, not to exceed a total paym ent of five
hundred sixty (560) hours:
Percentage of Accrued Sick
Years of Service Leave to Be Paid
0 - 5 -0-
5 - 10 25%
10 - 15 50%
15 - 20 75%
20 or more 100% (at Retirement) or up
to 560 hrs in cases other than
retirement or death .
Employees who retire from the City in good standin g after
twenty (20) years under the City of Delray Beach Po lice and
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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Firefighters Retirement System shall receive pay at their then
regular hourly rate for their total amount of accru ed sick
leave, not to exceed the maximum allowed accrual of one thousand
one hundred and twenty (1120) hours.
Section 4
Employees reporting in sick or unable to report fo r duty
must do so not later than thirty (30) minutes prior to their
reporting time, except in cases of emergency as det ermined by
the Police Chief. All employees will report to the
Communications Section. Reporting must be done by the employee
himself/herself, and any failure to report shall be considered
as absence without leave. The Police Chief or his designee may
investigate absences on account of sickness to dete rmine their
validity. When absence is for three or more workin g days, the
Police Chief may require the employee to provide a certificate
from a physician, certifying to the actual disabili ty of the
employee, or may require a letter from the employee explaining
the reasons for such absence. Violations of this p olicy may
result in discipline up to and including terminatio n.
Section 5
In case of death of an employee, payment for unuse d sick
leave, p XUVXDQWWR6HFWLRQVKDOOEHPDGHWRWKHHPSOR\HH ¶V
beneficiary, estate or otherwise provided by law.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 14
LEAVES OF ABSENCE WITH PAY
Employees may be granted leaves of absence with pa y upon
approval of the Police Chief and the City Manager f or the
following:
A. Jury duty or other required appearances before a court
or other public body, except such appearances requi red
because of the personal matters of the employee or his
family.
B. Official training courses such as conferences,
conventions, workshops, or similar meetings approve d
by the City.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
33
ARTICLE 15
LEAVES OF ABSENCE WITHOUT PAY
Upon written request of an employee and approval b y the
Police Chief, the City Manager may grant a leave of absence
without pay when it will not result in undue prejud ice to the
interests of the City.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 16
BEREAVEMENT LEAVE
Section 1
When a death or critical illness, in which death a ppears to
be imminent occurs in the family of an employee, th e employee
may be allowed three (3) shifts if occurring in the State of
Florida and five (5) shifts if occurring outside th e State of
Florida. For the purpose of this article, family i s defined as
follows: father, mother, brother, sister, spouse, child,
father-in-law, mother-in-law, son-in-law, daughter-in- law,
brother-in-law, sister-in-law, grandchild, grandpar ents, foster
parents, foster children, step-children, step-pare nts or
GRPHVWLFSDUWQHUDVTXDOLILHGWKURXJK3DOP%HDFK&R XQW\¶V
domestic partner registration program. No other pe rsons shall
be contained within the definition of family except as
specifically set forth herein.
Section 2
Bereavement leave will not be charged against sick leave,
vacation, or holiday time. Additional time for ber eavement
leave may be requested by the employee, and if gran ted by Police
Chief and City Manager, shall be charged to one of the foregoing
categories.
Section 3
The employee may be required by the Police Chief t o furnish
evidence of the facts justifying the use of bereave ment leave.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
35
ARTICLE 17
MISCELLANEOUS CONSIDERATIONS
Both parties acknowledge that during the term of t his
agreement the City, with input from members of the Police
Department, will agree to further study certain add itional
matters regarding the employment conditions and ter ms for
bargaining unit employees, including:
A. In order to be eligible for the rank of Lieutena nt a
candidate must meet the following requirements:
1. Must be currently employed as a Sergeant with th e
Delray Beach Police Department for a minimum period of
two continuous years.
2. Must not have been suspended as a result of a
disciplinary action within one (1) year of the next
written promotional examination.
0XVWKDYHDQ$VVRFLDWH¶V'HJUHHRUEHWWHUIURPD Q
accredited college.
Those who have attained the rank of Lieutenant prio r
to the ratification of this contract are grandfathe red
in.
The P.B.A. agrees that it shall be its obligation to submit
in a timely fashion to the City any ideas concernin g the above
in order for the City to consider same during this contract
period; and further, the P.B.A. acknowledges that t he City must
examine any and all such proposals in light of its City-wide and
Department-wide responsibilities and considerations , and that
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
36
although all proposals will be given the appropriat e
consideration and review, any decisions to accept o r reject any
and all such proposals shall be within the City's s ole
discretion.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
37
ARTICLE 18
NEPOTISM
No City official or employee in a managerial or su pervisory
capacity may be appointed, employed, promoted, or a dvanced in or
to a position in any other department where that pe rson would
directly exercise regulation or control over any in dividual who
is a relative of the City official or employee.
A person who is a relative of a City official or e mployee
may not be appointed, employed, promoted, or advanc ed in or to a
position in any department if the related City offi cial or
HPSOR\HHLVRUZRXOGEHWKHSHUVRQ¶Vdirect supervisor or who
would exercise any dominion or control over or othe rwise
regulate the duties and responsibilities of the per son, or if
the person would supervise or exercise any dominion or control
over or otherwise regulate the duties and responsib ilities of
the related City official or employee.
"Relative", as used herein, means a person who is related
by blood, marriage or adoption as father, mother, s on, daughter,
brother, sister, grandparent, uncle, aunt, first co usin, nephew,
niece, husband, wife, father-in-law, mother-in-law, brother-in-
law, sister-in-law, stepfather, stepmother, stepson , step-
daughter, stepbrother, stepsister, half brother, or half sister.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
38
ARTICLE 19
PROBATIONARY PERIOD - PROMOTED EMPLOYEES
Section 1
There shall be a probationary period of one year f or each
employee in the bargaining unit who is promoted to a higher
classification within the bargaining unit. This pr obationary
period shall commence from the employee's initial r egular
assignment to the higher classification. During th e one year
probationary period, the City Manager or his design ee shall have
the right to remove the probationary employee from the position
to which that employee was promoted with or without cause. Any
probationary employee so removed shall have no righ t to appeal
said action under the provisions of this Agreement, or any other
policy or procedure.
A probationary promoted employee who is removed fr om the
position to which he was promoted, shall return to the position
from which he was promoted (however, this shall not be construed
as a limitation on or a waiver of the City's right to dismiss or
discipline such a probationary promoted employee fo r just
cause). Other probationary promoted employees may also be
removed and returned to their former positions if m ade necessary
because of the return of such a probationary promot ed employee
to his former position. In this event, none of the employees
moved back to their former position will have a rig ht to appeal
said action under the provisions of this Agreement, or any other
policy or procedure.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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Section 2
The Chief of Police, at his sole discretion, may e xtend the
probationary period for a period not to exceed 90 c alendar days,
during the pendency of an internal affairs investig ation.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 20
SENIORITY
Section 1
The City agrees that seniority shall consist of co ntinuous
accumulation of paid service with the Department. It shall be
computed from the date of employment as a sworn emp loyee with
the Department. Seniority shall accumulate during all approved
leaves of absence of thirty (30) days or less and d uring
approved leaves of absence of less than one (1) yea r when such
leaves are due to job related illness or injury.
Section 2
In the event of layoff for any reason, the employe es shall
be laid off in the inverse order of seniority in th eir
classification only. Employees who are affected by a layoff and
have received satisfactory performance evaluations during the
year preceding the layoff shall have the opportunit y to bump.
Employees who are affected by a layoff and have rec eived less
than satisfactory performance evaluations during th e year
preceding the evaluations shall, with approval of t he Police
Chief, have the opportunity to bump. Employees sha ll be
recalled from layoff in the inverse order of layoff (last out,
first back) if said employees to be recalled are ph ysically
qualified to perform the work available at the time of recall.
The City further agrees that no new employees in a particular
classification will be hired for one (1) year or un til all
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
41
employees in that particular classification on layo ff have been
given the opportunity to return to work, whichever comes first,
in accordance with the provisions of this article. "Recall"
from layoff shall mean notifying a laid off employe e to return
to work by registered mail sent to the last address listed with
the Department as his home address or by giving a l aid off
employee personal notice to return to work. If the affected
employee has not responded to recall within three (3) work days
of the return receipt date on the recall notice or if the recall
notice is returned by the Post Office to the City d ue to
inability to locate the addressee, or if the affect ed employee
has not responded to personal notice recall within three (3)
work days, then that employee shall be considered t o have
refused recall.
Section 3
Shift work assignments shall be made according to
seniority. For purposes of this section, seniority is defined
as the amount of continuous service an employee has in his/her
rank. Shift selection shall occur one time annuall y.
1. All efforts shall be made by the City to abide b y
seniority as it affects shift work assignments. In
those instances where the City determines that the
compelling need of the City outweighs the individua l
employees seniority right to shift selection, that
City may veto that selection based upon just cause.
The affected employee shall have the right to appea l
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
42
this veto through the chain of command to the level of
Chief of Police who shall possess the power of fina l
and binding arbitrator.
2. Management reserves the right to determine the
staffing levels.
3. The City shall not make a shift assignment that is
arbitrary and capricious.
4. In the event of a vacancy between the described
selection period, the filling of that vacancy shall be
based on seniority as defined in this section.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
43
ARTICLE 21
PROMOTIONS
Section 1 -- Promotional Procedure
The City will announce promotional examinations at least
thirty (30) days in advance. A copy of any referen ce material
in the City's possession will be made available. A ll
promotional vacancies shall be filled in accordance with
criteria established by the City Manager or his/her designee.
Promotional examinations and eligibility for same s hall be
conducted in accordance with the procedures and req uirements set
forth in Exhibit A to this contract, a copy of whic h is attached
hereto and made a part hereof.
The parties agree that although none of the member s of the
bargaining unit shall be covered under any Civil Se rvice Act of
the City of Delray Beach, the City may utilize the services of
the Civil Service Board for the purposes of prepara tion,
monitoring, and scoring of both entrance level and promotional
examinations. However, the use of the Civil Servic e Board by
the Personnel Department in such a manner shall not be construed
as providing the Civil Service Board with any juris diction.
Employees do not have the right to file any appeal s or
grievances with the Civil Service Board relative to the
examinations, including, but not limited to the exa minations,
conditions, scores, and the contents of the examina tions
themselves.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
44
Section 2 -- Effect of Promotion on Wages and Emplo yment
Anniversary Date
(a) When an employee is promoted into a Lieutenant ¶V
FODVVLILFDWLRQWKHHPSOR\HH¶VZDJHVVKDOO be increased to ten
percent (10%) more than the employee earned prior t o the
promotion. In addition, Lieutenants shall receive t he 3% ICMA
Match as long as other Management Level employees i n the City
receive this match. Lieutenants shall also receive FLSA Days off
with pay according to City Policy.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
45
EXHIBIT A
PROMOTION IN THE POLICE DEPARTMENT
All sworn personnel desiring promotion in the Poli ce
Department will be required to take the appropriate promotional
examination. In addition to the general requiremen ts for City
promotion, employees will be required to meet the f ollowing
qualifications to be admitted to such examination:
A. Anyone taking an examination shall be an employe e of
the Police Department of the City of Delray Beach a t
the time of taking such examination.
B. An employee within the period of an authorized l eave
of absence from the Police Department of the City o f
Delray Beach shall be eligible to take such
examination, provided the period of the leave of
absence shall not be considered in calculating the
"time in grade" requirement of these rules.
Written promotional examinations shall be augmente d by oral
interviews and staff evaluations. The oral intervi ew shall be
conducted by members of neighboring law enforcement agencies
and/or a city official or community leader within t he City of
Delray Beach or a neighboring City. The respective weights
given to written examinations, oral interviews, and staff
evaluations to determine the candidate's total rati ng shall be:
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
46
Written examination 50%
Oral interview 25%
Staff evaluation 25%
An aggregate score of 70% must be attained to be e ligible
for promotion.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
47
ARTICLE 22
PHYSICAL FITNESS
Both parties acknowledge that during the contract period,
the City may investigate the implementation of a pe rmanent
physical fitness program for bargaining unit employ ees. Should
the City so elect, the P.B.A. shall have the opport unity, upon
notice in advance, to bargain the content of and th e standards
for such physical fitness program. However, once s o determined
by the parties, all employees of the bargaining uni t shall be
required to participate in the program unless deter mined
medically unable to do so by the City's physician. Employees
who refuse or fail to participate in this "transiti onal physical
fitness program" (unless determined medically unabl e to do so by
the City physician), shall be subject to disciplina ry action;
however, during this transitional period, employees who fail to
meet the standard of the program shall not be subje ct to
disciplinary action although the results of their p articipation
shall be kept by the City for statistical purposes.
The P.B.A. agrees that during the contract period the City
shall provide annual physicals including drug and a lcohol
screening for all employees of the bargaining unit, and that
such annual physicals for employees age 40 and over shall be
more comprehensive for such employees at five (5) y ear
intervals. Such annual physicals shall occur withi n the
calendar quarter in which the employee's anniversar y date
occurs.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
48
ARTICLE 23
OUTSIDE EMPLOYMENT
Section 1
No member of the bargaining unit may hold outside
employment unless the employee's written request fo r approval of
such employment is recommended for approval by the Police Chief
and reviewed by Human Resources. The granting of such approval
is expressly contingent upon the following:
A. Assurance that the employee's City position is o f primary
importance;
B. Consideration of the effect the outside employme nt may have
upon the efficiency of the requesting employee; and
C. Determination as to the compatibility of the out side
employment with City employment.
D. Payment to the City for such services, if applic able, shall
be a rate to be set exclusively by the City Manager .
Section 2
Application forms for outside endeavors shall be p rovided
to the employee by the City annually and approval o f such shall
be renewable January first of each year. Outside e mployment
shall be deemed to include ownership or part owners hip of a
business (but not including ownership of less than a controlling
interest of stock of a publicly held corporation), as well as
independent contracts by employees to provide labor , services,
or materials.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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Section 3
No member of the bargaining unit may work at any p reviously
approved outside employment, nor at any future outs ide
employment, while said member is on injury leave or restricted
duty for a workers' compensation injury, unless add itional
express approval for such outside employment is obt ained by the
member from the Police Chief and the City Manager, who shall
take into consideration the recommendation(s) from the
employee's physician and/or from the City's physici an.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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ARTICLE 24
RESIGNATION
Any employee who wishes to resign in good standing shall
give the Police Chief written notice of his/her int ention at
least two (2) weeks prior to the date said resignat ion is to
become effective, or shorter notice, with the appro val of the
Police Chief. Notice of resignation shall be immedi ately
IRUZDUGHGWR+XPDQ5HVRXUFHVWRJHWKHUZLWKVDLGHPS OR\HH¶V
termination forms.
If any employee resigns without giving the required notice,
the Police Chief shall notify Human Resources; Huma n Resources
VKDOOHQWHUWKLVIDFWRQWKHHPSOR\HH¶VUHFRUGV DQ GIDLOXUHWR
give such required notice of resignation may be con sidered
sufficient reason for rejecting any future applicat ion of said
employee to reenter City Service. The Police Chief may enter
good standing records for an employee who fails to give two (2)
weeks notice if he/she feels there were extenuating
circumstances.
Any employee who is absent from duty for three (3)
consecutive shifts without securing approved leave from the
HPSOR\HH¶VVXSHULRUPD\EHFRQVLGHUHGWRKDYHUHVL JQHGZLWKRXW
notice. It shall be the duty of the Police Chief to report all
unauthorized leaves immediately to Human Resource i n the manner
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
51
prescribed. All such unauthorized leaves shall be p osted on the
HPSOR\HH¶VUHFRUGVDQGPD\EHFRQVLGHUHGLQWKHHPS OR\HH¶VPHULW
ratings.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
52
ARTICLE 25
NON-APPLICABILITY OF CIVIL SERVICE ACT, CIVIL SERVI CE
RULES AND REGULATIONS AND PERSONNEL POLICIES
It is understood and agreed that the Civil Service Act and
the Civil Service Code of Rules and Regulations of Delray Beach
and any amendments thereto and the Personnel Polici es shall have
no applicability whatsoever to the employees covere d by this
Agreement except as modified herein.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
53
ARTICLE 26
COMPREHENSIVE ALCOHOL AND DRUG ABUSE POLICY FOR
CITY OF DELRAY BEACH POLICE DEPARTMENT EMPLOYEES
The City recognizes that Police Department employe es are
not immune from problems that confront society in g eneral. The
problems of drug and alcohol abuse are widespread t hroughout our
community and nation. In the face of these problem s, it is
critical that the City of Delray Beach Police Depar tment
maintain a working environment free of alcohol and drug abuse.
The primary objective of this policy is to provide a safe and
healthful work environment for all employees, and t hereby
provide the highest level of service to the public.
I. Definitions
A. Alcohol abuse means the ingestion of alcohol or
alcoholic beverages, on or off duty, which adversel y affects the
employee's ability to perform his or her job duties . The use,
or being under the influence of alcohol or alcoholi c beverages
on the job by Police Department employees is strict ly
prohibited.
B. Drug abuse means the ingestion of any controlle d
substance as defined in Section 893.03, Florida Sta tutes, as
amended from time to time, not pursuant to a lawful
prescription. The term drug abuse also includes th e commission
of any act prohibited by Chapter 893, Florida Statu tes, as
amended from time to time.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
54
C. Illegal drugs means any controlled substance as
defined in Section 893.03, Florida Statutes, as ame nded from
time to time, not possessed or taken in accordance with a lawful
prescription.
II. Physical Fitness and Examinations
A. Every applicant for Police Department employmen t
(including applicants for full-time, part-time and volunteer
positions), and each re-employed employee may be re quired to
present proof that he or she is physically fit to p erform the
duties of the job which the applicant or re-employe d employee
seeks. Applicants for employment may be required t o take a
physical examination, including blood or urine test s for the
presence of illegal drugs. Applicants for employme nt whose
blood or urine is found to contain the presence of illegal drugs
shall not be considered fit to perform the duties o f the job
which the applicant seeks. The physical examinatio n shall be
completed prior to the applicant's entry on the job .
B. All Police Department employees, including mana gerial
and supervisory employees, are required to take an annual
physical examination at such times as may be specif ied within
the calendar quarter in which the employee's annive rsary date
occurs.
C. Any such annual physical examination taken by t he
Police Department employees shall include a blood/u rine test for
the presence of illegal drugs and alcohol.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
55
D. All employees subject to certification by the F lorida
Department of Law Enforcement shall meet all statut ory and
regulatory physical and medical requirements for in itial
certification.
E. The City Manager, or the Chief of Police, or an
Assistant City Manager, or City Attorney, or Human Resources
Director, may also require an employee to take a ph ysical
examination, that shall include a blood/urine test for the
presence of illegal drugs or alcohol, at any time t he City
Manager or Police Chief, or Assistant City Manager, or City
Attorney, or Human Resources Director reasonably be lieves that
the employee is not physically or medically fit to perform his
or her duties.
F. Furthermore, the City Manager, or the Chief of Police,
or Assistant City Manager, or City Attorney, or Hum an Resources
Director may require an employee to take a physical examination
and/or give a urine or blood specimen for testing w henever the
City Manager, Chief, or other supervisory employee has a
reasonable suspicion that the employee has been on duty, or has
reported for duty, under the influence of alcohol o r illegal
drugs.
G. The use of illegal drugs on or off duty by empl oyees
of the Police Department is strictly prohibited. T he City
Manager or the Chief of Police, or Assistant City M anager, or
City Attorney, or Human Resources Director may requ ire an
employee to take a physical examination and/or give a urine or
blood specimen for testing whenever the City Manage r, Chief of
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
56
Police, or other supervisory employee has a reasona ble suspicion
that the employee is using illegal drugs or under t he influence
of alcohol. A reasonable suspicion is a suspicion which is
based on fact derived from the surrounding circumst ances from
which it is reasonable to infer that further invest igation is
warranted.
H. Random testing for alcohol and/or controlled/il licit
drugs shall be performed in conjunction with this A rticle.
Random selections of employees will be made by a th ird-party
contracted firm using a U.S. Department of Transpor tation (DOT)
approved random selection computer program. An emp loyee
selected for random testing shall be tested on the day his/her
name is selected if on duty. If off-duty, the empl oyee shall be
tested on his/her next regular day of work. The to tal number of
random drug tests given per year will not exceed fi fty percent
(50%) of the total number of bargaining unit member s. No more
than 10% of those selected for drug testing will be tested for
alcohol.
I. The City will pay the cost of any physical
examinations and tests required by this policy. Th e examination
will be performed by medical personnel selected by the City.
Employees who take a physical examination or blood/urine test in
accordance with this policy shall be required to si gn an
authorization releasing the records of such examina tions and
tests to the City. The City shall strictly observe and maintain
the confidentiality of such employee medical record s to the
extent permitted by law.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
57
J. Any employee who fails or refuses to take a phy sical
examination or give a urine or blood sample in acco rdance with
this policy shall be subject to disciplinary action up to and
including dismissal.
III. Blood/Urine Tests for the Presence of Alcohol and Drugs
A. In testing for the presence of alcohol, the Cit y shall
utilize a generally accepted blood test procedure w hich produces
quantitative results showing the amount of alcohol present in
the blood.
B. At the time the testing occurs, two (2) specime ns of
urine and two (2) specimens of blood shall be taken , the first
set of which shall be used by the first laboratory and the
second set of which shall be used by a second labor atory, if
requested. In testing for the presence of illegal drugs and
alcohol, the City shall submit the first set of the samples for
testing, which, in the first instance, shall utiliz e an
immunochemical assay or radioimmunoassay test on th e employee's
blood/urine. If the initial test is positive for a n illegal
drug or alcohol, the same blood/urine specimen shal l be
subjected to a further test using the gas chromatog raphy, thin
layer chromatography or gas chromatography/mass spe ctrometry
method for verification. For non-probationary empl oyees, if
both the initial and verification tests are positiv e for an
illegal drug or alcohol, the employee shall receive notification
of results from the City in the manner set forth he rein. In
order to timely provide such notification, the empl oyee shall be
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
58
required to contact by telephone or in person a Cit y
representative designated in advance by the City, n ot later than
one (1) hour after a date and time specifically giv en to the
employee for his/her requirement to contact a desig nated City
representative by telephone. At the time the emplo yee makes
such contact, the employee must decide whether or n ot he/she
wishes the second set of specimens provided at the initial
collection to be further tested by the City. If th e employee so
requests, then this second set of specimens shall b e tested by
the City utilizing medical personnel different from that used by
the City for the initial test. If the employee fai ls to contact
the City representative within the time frame set f orth above,
or the employee does not request the testing of the second set
of specimens, or if the employee does request the t esting of the
second set of specimens and it also tests positive for an
illegal drug or alcohol, corrective action shall be taken as
specified below.
IV. Corrective Action
A. Applicants for employment whose blood or urine is
found to contain the presence of illegal drugs or u nder the
influence of alcohol shall not be considered fit to perform the
duties of the job which the applicant seeks.
B. Employees (probationary and non-probationary) w hose
blood or urine is found to contain the presence of illegal
drugs, or who have been found to have used or been under the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
59
influence of illegal drugs or alcohol while on duty , shall be
terminated.
C. Any non-probationary employee who is found to h ave
engaged in off-duty alcohol abuse which adversely a ffects the
employee's ability to perform job duties may be pla ced on a
leave of absence without pay for a period of up to sixty (60)
days. The leave of absence may be extended for goo d cause by
the City Manager up to an additional fifteen (15) d ays. The
employee may use any accumulated sick leave or vaca tion during
the leave of absence. The purpose of the leave of absence is to
give the employee an opportunity to rehabilitate hi mself or
herself from abusing alcohol. The City may assist the employee
in locating an appropriate program of rehabilitatio n. Upon the
successful completion of the rehabilitation program as certified
by a physician designated by the City, the employee shall be
eligible to return to City employment in the same o r similar
position to the one which the employee occupied bef ore his or
her leave of absence. Prior to resuming employment with the
City, the employee shall be required to take a phys ical
examination which shall include a blood or urine te st for the
presence of alcohol and/or illegal drugs. The retu rning
employee shall be placed on probationary status for a period of
one (1) year following his/her return to City emplo yment.
During the one year probationary period, the City m ay require
the employee to take unannounced blood or urine tes ts for the
presence of alcohol and/or illegal drugs. If at an y time during
the probationary period or thereafter, the employee 's blood or
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
60
urine is found to contain the presence of alcohol o r illegal
drugs, utilizing the double testing procedures set forth in
Section III(B), above, the employee shall be subjec t to
disciplinary action, up to and including dismissal.
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ARTICLE 27
DAMAGE TO CITY PROPERTY
Section 1
Each police employee shall exercise due caution in the care
and handling of all tools and equipment which may c ome into
his/her custody, or over which he/she may have a de gree of
control. Any police employee who loses, misuses, o r damages
through his/her carelessness, negligence and/or int entional
misconduct such tools or equipment provided by the City shall be
subject to discipline. When in the judgment of the City a tool
or piece of equipment is no longer safe or effectiv e, due to
normal wear and tear, the defective item shall be t urned in to
the City for replacement. No defective tool or pie ce of
equipment shall be replaced by the City until the d efective item
is presented by the employee. All tools and equipm ent issued to
a police employee by the City shall be returned to the City
prior to the employee leaving City employment in th e same
condition as same was issued (normal wear and tear excepted).
Section 2
The City will be responsible for full replacement costs for
prescription glasses and contact lenses damaged on duty through
no negligence of the employee provided the employee presents a
replacement receipt at the time of replacement. Th e City will
be responsible for replacement of damaged watches a nd non-
prescription sunglasses up to fifty dollars ($50.00 ). The City
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
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will not be responsible for the replacement of jewe lry or other
personal property carried at the employee's discret ion.
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ARTICLE 28
DISCIPLINE
Section 1
The City Manager may at any time dismiss or otherw ise
discipline any employee for just cause which he con siders will
promote the efficiency of the City's service.
Section 2
The following may be considered grounds for dismis sal, or
other lesser discipline, including but not limited to demotion
or suspension, based on the City Manager's determin ation of the
gravity of the offense; however, dismissal or disci pline may be
made for causes other than those enumerated:
A. Has been found guilty in a court of competent
jurisdiction of a felony and/or of a misdemeanor
involving moral turpitude or which is related to
his/her City job function.
B. Has violated any lawful or reasonable order or
regulation, or has failed to obey any reasonable or
lawful direction by a superior.
C. Has reported for duty, or is actually on duty, w hile
under the influence of intoxicating beverages or
drugs.
D. Has been guilty of acts which amount to
insubordination; or has been guilty of disgraceful
conduct while on duty, or disgraceful conduct while
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
64
off duty when it reflects unfavorably on the City o r
interferes with the operations of the City.
E. Has been wantonly offensive in his conduct or la nguage
toward the public or toward any City employee or
official.
F. Has been incompetent, negligent, or inefficient to
such an extent that his/her performance falls below
the minimum prescribed standard.
G. Is careless or negligent of the property of the City
of Delray Beach, or steals or misuses any equipment ,
materials, property, or other things of value
belonging to the City.
H. Has used, or threatened to use, his position for
personal gain or advantage, or has attempted to use
political influence in securing promotion, leave of
absence, transfer, classification change, pay
increase, to influence pending disciplinary matters or
change in character of work.
I. Has taken any fee, gift, or other valuable thing in
the course of his work or in connection therewith f or
his personal use from any firm, corporation, or
individual when such fee, gift, or other valuable
consideration is accepted with the understanding th at
the donor shall receive favors and service therefor
not customarily accorded the general public.
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J. Has falsified time records, other official City
records, or has failed to report absences from duty to
his superiors in accordance with prescribed procedu re.
K. Has been absent from duty without proper leave o f
absence, or otherwise contrary to prescribed
procedures; or has failed to report for duty after a
leave of absence has expired.
L. Has been excessively absent from work; has been
repeatedly absent from work without notifying his
immediate supervisor, or has repeatedly reported la te
for work.
M. Has abused sick leave or other authorized leave of
absence by claiming false reasons for such leave.
N. Is antagonistic in his attitude toward his super visor
or fellow employees; continually criticizes orders or
rules issued or adopted by his superiors; or conduc ts
himself in such a way that it interferes with the
proper coordination of the work effort in his
department to the detriment of efficient public
service.
O. Upon the expiration of earned sick leave, fails to
report to the Police Chief his inability to return to
work, if such is the case.
P. Has been convicted of the unlawful possession, u se,
dispensing, or sale of any narcotic, barbiturate, m ood
ameliorating, tranquilizing, or hallucinogenic drug ,
or conspiracy to do same, while either on or off du ty.
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66
Q. Has made a significant omission on his applicati on for
employment, or has falsified it in any way.
R. Has been found guilty by a court of competent
jurisdiction of a felony criminal offense, or has b een
repeatedly found guilty of misdemeanor criminal
offenses.
S. Has been found to have used anabolic steroids, w ith or
without prescription, solely for the purposes of
enhanced muscle training or body building functions .
Disciplinary action shall be taken only as provided
pursuant to Article 30.
The City Manager shall furnish the non-probationar y
employee or the promoted probationary employee whom he dismisses
from the City service with a written statement outl ining in
detail reasons for the removal, and the date and ti me such
removal becomes effective. A copy of the statement shall be
furnished to the Police Chief.
Section 3
If criminal charges have been formally instituted against
an employee, the City Manager may place the employe e on leave of
absence with or without pay.
During such leave of absence, the City may investi gate and
take appropriate disciplinary action against the em ployee.
However, if the employee is subsequently found not guilty by a
trial court of all of the criminal charges which ha d been
instituted against the employee, and if no notice o f potential
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67
disciplinary action has been given, the employee sh all be
reinstated and awarded back pay for the period of s aid leave of
absence.
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ARTICLE 29
ABSENCE WITHOUT LEAVE
Section 1
An absence of an employee from duty, including any absence
for a single day and failure of an employee to repo rt at the
expiration of a leave of absence or vacation, that is not
authorized by a specific grant of leave of absence under the
provisions of this Agreement, shall be deemed to be an absence
without leave. Any such absence shall be without p ay and may be
subject to disciplinary action, including suspensio n, demotion
or dismissal in repetitive or extreme cases.
Section 2
Any employee who is absent from duty for three (3)
consecutive shifts without notifying the shift supe rvisor or
commander of the reasons for such absence and the t ime he/she
expects to return, and without securing leave, may be considered
to have resigned without notice.
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ARTICLE 30
POLICE BILL OF RIGHTS
Section 1
The City of Delray Beach agrees that in the investi gation
of all bargaining unit members all rights articulat ed in Florida
Statutes, Section 112.532 and Section 112.533 (as a mended from
time to time) shall be provided. The P.B.A. may po st a copy of
Sections 112.532 and 112.533, Florida Statutes on t he bulletin
boards referenced in Article 6.
Section 2
Interrogations shall be conducted, preferably at a time
when the bargaining unit member is on duty, unless the
seriousness of the investigation is of such a degre e that an
immediate action is required. Nothing herein shall prohibit the
adjustment of the schedule of the bargaining unit m ember under
investigation so that the interrogation can take pl ace during
business hours.
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ARTICLE 31
NO STRIKE
Section 1
A "strike" shall be defined as the concerted failu re to
report for duty, a concerted absence of members of the
bargaining unit from their positions, a concerted s toppage of
work, a concerted submission of resignations, a con certed
abstinence in whole or in part by members of the ba rgaining unit
from the full and faithful performance of their dut ies of
employment with the City of Delray Beach, participa ting in a
deliberate or concerted course of conduct which adv ersely
affects the services of the City of Delray Beach, o r the
concerted failure to report for work after the expi ration of a
collective bargaining agreement.
Section 2
No member of the bargaining unit may participate i n a
strike. Any violation of this provision shall subj ect the
member of the bargaining unit or the P.B.A. or both to the
penalties under Chapter 447 of the Florida Statutes and Chapter
30 of the City of Delray Beach Code of Ordinances.
Section 3
In the event of a breach of the provisions of this article,
the City of Delray Beach shall be entitled to recov er from the
P.B.A. and any employee in the bargaining unit part icipating in
the strike, jointly and severally, full compensator y damages,
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
71
punitive damages, costs, and attorney's fees incurr ed in any and
all proceedings involving said strike.
Section 4
The City of Delray Beach shall have the right to
unilaterally terminate the employment of any employ ee engaging
in a strike. The only issue which shall be grievab le with
reference to the termination is whether or not the employee was
in fact engaged in a strike.
Section 5
In the event of a strike, the City shall transmit written
notification to the chief agent or his designee of the P.B.A.,
and the P.B.A. will notify the employees of the bar gaining unit
and inform them that a strike is illegal under Flor ida law, of
the sanctions which may be imposed against the P.B.A. and
participating employees for a strike, and further i nstruct
striking employees to immediately return to work. The P.B.A.
agrees that the notification will be in writing and will be made
in a good faith effort to get the employees to retu rn to work.
Such conduct shall exonerate the P.B.A. from all pe nalties,
financial or otherwise, which may be imposed under this
Agreement, but this notwithstanding, the City does not waive any
rights it may have to declare this Agreement to be null and void
upon the occurrence of a strike.
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ARTICLE 32
PERSONNEL DOCUMENTS
All bargaining unit employees shall be permitted t o obtain
a copy of all documents that are placed in any of t heir
personnel files, and further shall be provided copi es of all
disciplinary action documents placed in their depar tment
personnel file.
The employee may, within thirty (30) days from the date of
the document being placed in the employee's personn el file, file
a written response to such document. The employee is fully
aware that such written response places no further obligations
on the City and confers no additional rights on the employee.
Any written response by an employee shall be clearl y designated
as the employee's response and shall bear an acknow ledgment by
the employee that such a response is solely the emp loyee's view
of the incident and confers no further obligation o n the part of
the City and confers no further rights on the part of the
employee.
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ARTICLE 33
UNIFORM ALLOWANCE
Those bargaining unit members assigned to positions within the
Department which require the use of civilian attire will be
granted a clothing allowance. Said allowance will be issued on
a semi-annual basis at the rate of $400.00 per unit member.
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74
ARTICLE 34
DISABILITY INSURANCE
Bargaining unit employees shall be eligible to rec eive the
long-term di VDELOLW\EHQHILWVSXUVXDQWWRWKH&LW\¶VFXUUHQW
plans and policies applicable to all other city emp loyees.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
75
ARTICLE 35
SICK AND VACATION PAY-OUT ACCRUALS
The City shall make changes to the sick and vacatio n pay
accruals policy by providing the following two (2) options:
A. Provide a lump sum pay-out at termination (retireme nt) of
accrued balance not to exceed 1408 hours (1120 sick leave,
288 vacation) as currently exists.
B. Enable employees who properly notify the City with the
intent to retire, at least two years prior to Retir ement
date, the ability to have above noted accruals paid in
payments of not more than one-third per year of tot al
amount authorized at date of designation of retirem ent. The
employee will have the following option of payment:
1. The one-third payments, not to exceed one-third of
accrued balance or 1408 hours (1120 sick leave,
288 vacation), whichever is greater, be made in
cash each year.
a. The first payment will be made 2 years from the
date of termination.
b. The second payment will be made 1 year from the
date of termination.
c. The third payment will be made at termination.
2. The one-third payment may be deposited tax free
into the employee deferred compensation (457)
DFFRXQWLIWKHDQQXDOOLPLWRQWKHHPSOR\HH¶V
contributions has not been reached.
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ARTICLE 36
TAKE HOME VEHICLE PLAN
The City has agreed to a take home vehicle plan for
Lieutenants and shall include the following paramet ers:
A. The Police Department shall establish internal poli cies
and procedures for the assignment and use of take h ome
vehicles.
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ARTICLE 37
GRIEVANCE PROCEDURES
Section 1
The grievance procedures as described in Sections 2, 3 and
4, below, shall be used for the settlement of dispu tes between
the City and an aggrieved employee or group of empl oyees
involving the interpretation or application of this Agreement.
Section 2
Grievances shall be processed in accordance with t he
procedures outlined in this section. Any grievance not answered
by management in the time limits provided for in th is section
shall be determined to be denied and may be advance d to the next
higher step of the grievance procedure. Grievances of
disciplinary actions shall be processed in accordan ce with the
procedures outlined in Section 4.
Step 1 The aggrieved employee, or an PBA representative on
his or her behalf, shall submit a grievance in writ ing
and it shall be discussed with the aggrieved
employee's immediate supervisor and division/distri ct
commander within ten (10) working days of the
occurrence (or discovery thereof) which gave rise t o
the grievance. For the purpose of this article,
working days shall mean Monday through Friday,
excluding City holidays and weekends. A PBA grieva nce
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
78
representative may be present to represent the
employee, if the employee desires him or her presen t.
The immediate supervisor and division/district
commander shall attempt to adjust the matter and/or
respond to the employee within five (5) calendar da ys.
Step 2 If the grievance has not been satisfactorily resol ved
in Step 1, the aggrieved employee and the PBA
representative, if the employee wishes his or her
assistance, shall present the written grievance to the
Police Chief within five (5) calendar days from the
time the supervisor's response was due in Step 1. The
Police Chief, or his or her designee shall meet wit h
the employee and the PBA representative, if the
employee wishes him or her present, within three (3 )
working days. The Chief, or his or her designee,
shall respond in writing within five (5) calendar d ays
from the day of the meeting.
Where a grievance is general in nature, in that
it applies to a number of employees having the same
issue to be decided, it shall be presented directly at
Step 2 of this grievance procedure, within the time
limits for the submission of a grievance in Step 1,
and shall be signed by the aggrieved employees, and /or
an PBA representative on the employees' behalf.
Grievances of a general nature shall be processed
within the time limits hereinabove provided unless
extended by mutual agreement in writing.
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79
Step 3 If the grievance has not been satisfactorily resol ved
in Step 2, and an appeal to the City Manager is
permitted pursuant to Section 4, the employee or th e
PBA if the employee elects PBA assistance, may pres ent
a written appeal to the City Manager within seven (7)
calendar days from the time the response was due fr om
the Police Chief in Step 2. The City Manager, or h is
or her designee, and any staff requested by the Cit y
Manager or his or her designee, shall meet with the
employee (and the PBA representative, if the employ ee
wishes him or her present), within five (5) working
days. The City Manager or his designee shall respo nd
in writing within seven (7) calendar days from the
date of the meeting.
Any grievance not processed in accordance with the time
limits provided above shall be considered conclusiv ely
abandoned.
Nothing contained in this article shall prevent any
employee covered by this Agreement from processing his/her
own grievance unassisted through the grievance proc edure up
to and including Step 3.
Step 4 If a grievance, as defined in this article, has no t
been satisfactorily resolved within the grievance
procedure, the PBA and only the PBA may request
arbitration for PBA members. Members of the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
80
bargaining unit who are not members of the PBA may
also request arbitration. The request for arbitrat ion
shall be in writing to the office of the City Manag er
no later than fifteen (15) calendar days after the
City Manager's response is due in Step 3 of the
grievance procedure.
Section 3
A. The arbitration shall be conducted under the
procedural rules of the Federal Mediation and
Conciliation Service unless in conflict with any
provisions set forth in this Agreement or unless
otherwise agreed to or provided for by the parties in
writing. Subject to the following, the arbitrator
shall have the jurisdiction and authority to decide a
grievance as defined in this article and to enforce
compliance with the terms and conditions of the
Agreement.
B. However, the arbitrator shall have no authority to
change, amend, add to, subtract from or otherwise
alter or supplement this Agreement or any part ther eof
or any amendment thereto.
C. The arbitrator shall have no authority to consid er or
rule upon any matter which is stated in this Agreem ent
not to be subject to arbitration, which is not a
grievance as defined in this article, or which is n ot
specifically covered by this Agreement.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
81
D. The arbitrator may not issue declaratory or advi sory
opinions and the arbitrator shall be confined
exclusively to the question which is presented, whi ch
question must be actual and existing.
E. Copies of the award of the arbitrator, made in
accordance with the jurisdictional authority under
this Agreement, shall be furnished to both parties in
writing within thirty (30) days of the hearing and
shall be final and binding upon both parties.
F. It is contemplated that the City and the employe e
shall mutually agree in writing as to the statement of
the matter to be arbitrated prior to the hearing, a nd
if this is done, the arbitrator shall confine his
decision to the particular matter thus specified. In
the event of the failure of the parties to so agree on
a statement of issue to be submitted, both the PBA (or
the employee, if not represented by the PBA) and th e
City shall submit a written statement of the grieva nce
and the arbitrator shall confine his consideration to
the written statement or statements submitted. Thi s
clause, however, shall not be construed to permit
either party to present issues through their writte n
statements that would not otherwise be subject to t he
grievance and arbitration provisions of this Contra ct.
G. Each party shall bear the expense of its own wit nesses
and its own representatives. The parties shall bea r
equally the expense of the impartial arbitrator. A ny
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
82
party requesting a copy of the transcript of such
arbitration hearing shall bear the cost of same.
Section 4
A. Discipline involving oral or written reprimands or
suspensions without pay of three or less days may b e
processed through Step 2 of the grievance procedure .
The decision of the Police Chief or his designee is
final and binding on the parties.
B. Discipline involving suspensions without pay of four
or five days may be processed through Step 3 of the
grievance procedure. The decision of the City Mana ger
or his designee is final and binding on the parties .
C. Discipline involving suspensions without pay of six to
nine days may be processed through Step 3 of the
grievance procedure. The decision of the City Mana ger
or his designee may be appealed by the employee or the
PBA, if the employee elects PBA assistance. The
appeal shall be in writing and shall be filed with the
City Manager within seven (7) days of receipt by th e
employee of notice of the City Manager's decision a s a
result of Step 3 of the grievance procedure. The
appeal shall be reviewed by a five member review pa nel
composed of two members selected by the PBA, two
members selected by the City, and one member select ed
and agreed upon by the PBA and the City. The revie w
panel shall hold an evidentiary hearing during whic h
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
83
the City and the employee may present witnesses and
other relevant evidence. The employee may be
represented by a non-lawyer PBA representative who is
an employee of the City, if the employee desires to be
represented. The non-lawyer PBA representative wil l
be permitted a reasonable period of on-duty time to
prepare for the evidentiary hearing. The City shal l
be represented by an Internal Affairs designee. Af ter
hearing the evidence, the review panel shall determ ine
by a majority vote whether the employee is guilty o f
the misconduct as charged. The review panel shall
have no authority to change the penalty previously
imposed. In this regard, the authority of the revi ew
panel shall be governed by the provisions of paragr aph
E5 in the same manner that they are applicable to a n
arbitrator. The decision of the review panel shall be
final and binding upon the parties.
D. Discipline involving discharge, suspension witho ut pay
of ten or more days, or disciplinary demotion, may be
processed through Step 3 of the grievance procedure .
The decision of the City Manager or his designee sh all
be subject to arbitration. The arbitration shall b e
handled in accordance with the procedures outlined in
Section 4E. Step 4 of the grievance procedure shal l
be followed except that the arbitrator shall be
selected as set forth in Section E2.
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84
E. Arbitration of disciplinary matters shall be han dled
as follows:
1. The provisions of Section 3 shall apply except a s
modified by Section 4E2-5.
2. Immediately following ratification of this
agreement and thereafter at the beginning of each
fiscal year, the City and the PBA shall mutually
select a pool of five potential arbitrators to
hear disciplinary cases. The arbitrator for any
given case shall be selected by each party
alternately striking the names of arbitrators
included in the pre-selected pool until one
arbitrator remains, who shall hear the case. The
employee shall make the initial strike.
3. The arbitration procedure shall be expedited suc h
that a hearing is held within thirty days of the
appeal and an award is issued within thirty days
following the conclusion of the hearing. If the
award is not issued within the thirty day time
period, the arbitrator's fee shall be reduced
proportionately to the number of days by which
the arbitrator's decision is untimely.
4. There shall be no post-hearing briefs unless bot h
parties agree prior to the hearing that post-
hearing briefs may be submitted.
5. The arbitrator shall not substitute his judgment
for that of the City as to the wisdom or the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
85
degree of severity of the disciplinary action
imposed, except as set forth in the last
paragraph of this article. The arbitrator's
inquiry shall be limited to the following:
(a) whether the City possessed evidence of the
misconduct before imposing the discipline
ultimately imposed;
(b) whether the employee is guilty of the
misconduct as charged;
(c) whether the discipline imposed is consistent
with that imposed upon other employees who
have committed the same or a similar offense
under the same or similar circumstances, and
who have similar disciplinary and employment
records. If the discipline imposed is more
severe than that previously imposed upon
employees who have committed the same or a
similar offense under the same or similar
circumstances, and who have similar
disciplinary and employment records, whether
the City notified employees of the change in
disciplinary policy prior to the occurrence
of the act being disciplined;
(d) whether the City has demonstrated upon the
record that it has considered the severity
of the punishment with regard to the nature
and severity of the offense, the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
86
circumstances under which the offense was
committed, the employee's past disciplinary
and employment record, the length of the
employee's tenure with the City, and whether
the employee was under probation at the time
the offense was committed;
(e) whether the City has demonstrated upon the
record that the degree of punishment which
it has imposed was not selected at random or
without reason (arbitrary), and that the
degree of punishment did not arise from
caprice (arbitrary);
(f) whether the City has demonstrated on the
record that the degree of punishment which
it has imposed is consistent in that it is
not apt to change suddenly or unpredictably
(capricious), and is not inconsistent
(capricious);
(g) whether the City has demonstrated on the
record that the degree of punishment which
it has imposed is within that range of
punishment for the offense under the given
circumstances upon which reasonable men can
agree, notwithstanding that reasonable men
might disagree upon the specific punishment
imposed under the given circumstances.
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87
If the arbitrator finds that the City has complied
with (a) through (g), the discipline determined by the
City shall be upheld. However, if the arbitrator
finds that the City has not complied with (a) throu gh
(g), the arbitrator may determine the appropriate
level of penalty.
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88
ARTICLE 38
:25.(56¶ COMPENSATION
The City agrees for Emp OR\HHVZKRVXVWDLQZRUNHUV¶
compensation qualified injuries that the City will pay to such
Employees amounts necessary to bring such employees to current
full salary for ninety (90) calendar days and there after shall
pay salary/benefits to such employees in accordance with the
requirements of the Florida Statutes.
The ninety (90) calendar day status shall only com mence, as
needed, and at such time, as when an employee initi ates a need
for this supplemental payment due to continuing abs ence from
duty as caused by such injury.
Once the ninety (90) day period commences it shall be
available only from that day forward for ninety (90 ) consecutive
calendar days.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
89
ARTICLE 39
RETIREE INSURANCE
Section 1
T KH'HOUD\%HDFK3ROLFH5HWLUHH,QVXUDQFH)XQG ³5HW LU ee
,QVXUDQFH)XQG´ SURYLGH s full or partial payments for health
insurance premiums and other benefits on behalf of former
bargaining unit employees of the City who separated from
employment on or after October 1, 2004. All eligib ility
requirements and benefits provided will be determin ed solely by
the Board of Trustees of the Retiree Insurance Fund .
Section 2
For fiscal years 2011-2012, 2012-2013, and 201 3-2014 the
City shall contribute to the Retiree Insurance Fund , on or
before December 31 of each of those fiscal years, a n amount
equal to the benefits to be paid by the Retiree Ins urance Fund
to those former employees of the City eligible to r eceive a
benefit from the Retiree Insurance Fund for the 201 2, 2013, and
2014 calendar years. During those specified fiscal years, the
requirements for eligibility to receive a benefit f rom the
Retiree Insurance Fund and the amount of benefit to be paid by
the Retiree Insurance Fund shall not be modified by the Board of
Trustees of the Retiree Insurance Fund. During tho se specified
fiscal years, the Retiree Insurance Fund shall prov ide to the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
90
City, on or before December 1 of each specified fis cal year, a
list of former employees eligible to receive a bene fit from the
Retiree Insurance Fund along with the amount of ben efit to be
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equal the total of all benefits to be paid to retir ed police
lieutenants during each of the 2012, 2013, 2014 cal endar years.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
91
ARTICLE 40
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIE S
The parties acknowledge and agree that during the
negotiations which resulted in this Agreement, each had the
unlimited right and opportunity to make demands and proposals
with respect to any subject or matter included by l aw within the
area of collective bargaining and that all the unde rstandings
and agreements arrived at by the parties after the exercise of
that right and opportunity are set forth in this Ag reement.
Therefore, the City and the P.B.A., for the life o f this
Agreement, each voluntarily and unqualifiedly waive s the right
to require further collective bargaining with respe ct to any
subject matter referred to or matter covered in thi s Agreement
or considered by the parties during collective barg aining
negotiations resulting in this Agreement, subject t o impact
bargaining, if any be lawfully required, and each a gree that the
other shall not be obligated to bargain collectivel y with
respect to any matter or subject not specifically r eferred to or
covered by this Agreement, whether or not such matt ers have been
discussed, even though such subjects or matters may not have
been within the knowledge or contemplation of eithe r or both
parties at the time that they negotiated or signed this
Agreement.
This Agreement contains the entire contract, under standing,
undertaking, and agreement of collective bargaining for and
during its term.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
92
ARTICLE 41
SEVERABILITY AND WAIVER
Section 1
Should any section or provision of this Agreement or any
portion thereof, any paragraph, sentence, or word b e declared by
a court or agency of competent jurisdiction to be u nlawful and
unenforceable, such decision of the court or agency shall apply
only to the specific section or provision or portio n thereof,
directly specified in the decision and shall not af fect the
validity of the remainder hereof as a whole or part thereof,
other than the part declared to be unlawful and une nforceable.
Upon the issuance of such decision, the parties agr ee to
immediately negotiate a substitute, if possible, fo r the
invalidated section or portion thereof.
Section 2
The exercise or non-exercise of the rights covered by this
Agreement by the City or the P.B.A., except as to t he notice
provisions of Article 46, concerning Duration, Modi fication, and
Termination, shall not be deemed to waive any such right or the
right to exercise them in the future.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
93
ARTICLE 42
PENSION PLAN MATTERS
Section 1
The Union and the Employees agree that the City an d/or the
Police and Firefighters Pension Board of Trustees m ay during
this Contract period adopt amendments to Chapter 33 of the Code
of Ordinances in order to add provisions specifying that the
Pension Board may utilize the services of an outsid e agency or
business (experienced in insurance claims review, d isabilities
claims, or other related areas) to provide solely a dvisory
opinions to the Board of Trustees with regard to th e granting or
not granting of any disability retirement requests pending or
submitted during the term of this Agreement.
Section 2
The Union and the Employees agree that Chapter 33 of the
Code of Ordinances for the City of Delray Beach sha ll be amended
so that the employee contribution to the Delray Bea ch Police and
Fire Retirement System is increased by three percen t (3%).
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
95
hired prior to those dates shall not be subject to
negotiation or modification pursuant to these re-
opener negotiations .
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
96
ARTICLE 44
AMENDMENTS
This Agreement may be amended at any time on mutua l consent
of both parties, but no such attempted amendment sh all be of any
force or effect until placed in writing and execute d by both
parties hereto.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011 -2014
97
ARTICLE 45
EXECUTION OF AGREEMENT
Agreed to this _______ day of October 2011, by and between
the respective Parties through their authorized rep resentatives.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
__________________________ By:__________________________
City Clerk ± Chevelle Nubin City Manager ± David T. Harden
Approved as to form and legal sufficiency:
____________________________
City Attorney ± Brian Shutt
Dated this ________ day of October 2011.
ATTEST: POLICE BENEVOLENT ASSOCIATION
_________________________ By:_________________________
John Palermo John Kazanjian, President
PBA Representative
____________________________
Gary Lippman, General Counsel
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Bruce Koeser, Human Resources Director
THROUGH:David T. Harden, City Manager
DATE:October 3, 2011
SUBJECT:AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/PBA POLICE OFFICERS
AND SERGEANTS
ITEM BEFORE COMMISSION
The item before the Commission is ratification of t he Collective Bargaining Agreement with the Police
Benevolent Association/Police Officers and Sergeant s.
BACKGROUND
The attached three-year labor agreement has been ratified by the Polic e Benevolent Association/Police
Officers and Sergeants. The agreement duration is from October 1, 2010 - September 30, 2013, and
provides major changes in the following areas:
Hours of Work
Reduces the work week from 42 hours to 40 hours. S ince these employees are hourly employees their
pay will be reduced accordingly.
Wages
Provides step movement on the employee's anniversar y date, for employees performing satisfactorily,
during the second year of the agreement (beginning 10/1/11) with a re-opener for year three. When it
occurs the step increase will offset the workweek r eduction.
Holidays
Eliminates two paid holidays for Police Officers an d Sergeants for fiscal years 2011-12 and 2012-13.
Pension
The employee contribution to the Delray Beach Polic e and Fire Retirement System will increase by
three percent (3%). A re-opener will allow negotiation of pension benefit ch anges for employees hired
after October 1, 2012.
Retiree Health Insurance
Changes the 3.3% payroll contribution to the Retire e Health Insurance Fund (VEBA) to a contribution
covering current retirees only.
RECOMMENDATION
Staff recommends ratification of the Collective Bar gaining Agreement with the Police Benevolent
Association/Police Officers and Sergeants.
C O L L E C T IVE B A R GA I N IN G A G R E E M E N T
b e t w e e n t h e
C i t y o f D e lra y B e a c h
a n d t h e
P o l ic e B e n e v o le n t A s so c ia t io n
October 1, 2010 ± September 30, 2013
P OLI C E OFF I C ER S A ND SER GEA N TS
CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT 201 0-2013
TABLE OF CONTENTS
Page
Preamble 1
Article 1 Recognition 2
Article 2 Dues Check Off 3
Article 3 Union Representation 4
Article 4 P.B.A. Business 6
Article 5 Labor-Management Committee 9
Article 6 Bulletin Boards 11
Article 7 Solicitation of or by Employees 12
Article 8 Management Rights 14
Article 9 Hours of Work and Overtime 20
Article 10 Wages 27
Article 11 Hospitalization Insurance 32
Article 12 Pension Plan Matters 34
Article 13 Holidays 35
Article 14 Vacation 37
Article 15 Sick Leave 41
Article 16 Leaves of Absence With Pay 44
Article 17 Leaves of Absence Without Pay 45
Article 18 Bereavement Leave 46
Article 19 Miscellaneous Considerations 47
Article 20 Nepotism 49
Article 21 New Employee Agreements 50
Article 22 Probationary Period - New Employees 51
Article 23 Probationary Period - Promoted Employees 52
Article 24 Seniority 54
Article 25 Promotions 58
Exhibit A Promotion in the Police Department 60
Article 26 Physical Fitness 62
Article 27 Outside Employment 64
Article 28 Resignation 66
Article 29 Non-Applicability of Civil Service Act
and Civil Service Rules and Regulations 68
Article 30 Compre. Alcohol & Drug Abuse Policy for
City of Delray Beach Police Dept.Empl. 69
Article 31 Damage to City Property 77
Article 32 Discipline 79
Article 33 Absence Without Leave 84
Article 34 Police Bill of Rights 85
Article 35 No Strike 86
Article 36 Personnel Documents 88
Article 37 Uniform Allowance 89
CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT 201 0-2013
Article 38 Disability Insurance 90
Article 39 Sick and Vacation Pay-out Accruals 91
Article 40 Take Home Vehicle Plan 92
Article 41 Grievance Procedures 93
Article 42 :RUNHUV¶&RPSHQVDWLRQ 10 4
Article 43 Retiree Insurance 10 5
Article 44 Contract Constitutes Entire Agreement
of the Parties 10 7
Article 45 Severability and Waiver 10 9
Article 46 Duration, Modifications, and Termination 110
Article 47 Amendments 11 1
Article 48 Execution of Agreement 11 2
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
1
PREAMBLE
This Agreement is entered into by the employer, th e City of
Delray Beach, Florida, a Florida municipal corporat ion,
hereinafter referred to as "City", and the Police B enevolent
Association, hereinafter referred to as the "P.B.A.", for the
purpose of promoting harmonious relations between t he City and
the bargaining unit represented by the P.B.A., here inafter
referred to as "members" or "employees", to establi sh an orderly
and peaceful procedure for settling differences whi ch might
arise and to set forth the basis and full agreement between the
parties concerning rates of pay, wages, hours of wo rk, and other
conditions of employment. The terms, provisions, a nd conditions
of this Agreement shall have no retroactive effect, but shall
only commence upon the effective date of this Agree ment unless a
specific article or provision of this Agreement pro vides
otherwise.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
2
ARTICLE 1
RECOGNITION
Section 1
The City of Delray Beach recognizes the Police Ben evolent
Association (the P.B.A.) as the certified bargainin g agent for
all employees in the bargaining unit for all matter s relating to
wages, hours, and terms and conditions of employmen t.
Section 2
The bargaining unit represented by the P.B.A. unde r this
Agreement shall include all sworn employees of the Police
Department within the ranks of police officer and s ergeant.
Excluded from the bargaining unit shall be all non-sworn
employees of the Police Department, the Chief of Po lice, majors,
captains, and lieutenants.
Section 3
Correspondence, communications, or notices required by law
RURWKHUZLVHSHUWDLQLQJWREDUJDLQLQJXQLWPHPEHUV¶ZDJH s, hours
and terms and conditions of employment shall be dir ected to:
John Kazanjian, President
Palm Beach County Police Benevolent
Association, Inc.
2100 N. Florida Mango Road
Attention: General Counsel
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
3
ARTICLE 2
DUES CHECK OFF
Bargaining unit members may voluntarily make arran gements
with the City for a payroll deduction of P.B.A. due s and uniform
assessments. Upon receiving an authorization for d ues
deductions from the bargaining unit member, the Cit y shall
deduct such dues and uniform assessments from the s ubject
EDUJDLQLQJXQLWPHPEHU¶V compensation and remit the amount
deducted to the P.B.A.
The P.B.A. agrees to indemnify, defend, and hold t he City
harmless from and against all claims, costs, demand s, expenses,
judgments, or other liabilities on account of dues or uniform
assessments erroneously collected by the City and/o r remitted to
the P.B.A. The P.B.A. further agrees to refund to the City any
amounts paid to the P.B.A. in error, upon presentat ion of proper
evidence thereof.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
4
ARTICLE 3
UNION REPRESENTATION
Section 1
The City agrees that during the term of this Agree ment it
will deal only with the authorized representatives of the P.B.A.
in all matters requiring mutual consent or other of ficial action
called for by this Agreement.
The P.B.A. agrees to notify the City Manager and t he Police
Chief, in writing, of the names of such authorized
representatives as of the execution of this Agreeme nt and
replacements therefore during the term of this Agre ement.
Section 2
The P.B.A. likewise agrees that during the term of this
Agreement, the P.B.A. and the employees covered her eunder shall
deal only with the City Manager or his representati ve in matters
requiring mutual consent or other official action.
Section 3
The P.B.A. may designate four (4) general represen tatives
and one (1) chief representative, in addition to it s attorney,
whose right it shall be to represent the employees in the
bargaining unit, at those times set forth in this A greement in
which such employees are entitled to representation . Should
there be a change in the membership population, the ratio of
general representatives to sworn officers shall be 1:40.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
5
Notice by the City to the chief representative, or to his
designee in the absence of the chief representative , shall be
notice to all representatives, c/o the Delray Beach Police
Department address.
Employees shall retain the option of proceeding
individually or being represented by a person of th eir own
choosing.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
6
ARTICLE 4
P.B.A. BUSINESS
Section 1
Employees who are P.B.A. officials or their design ees may
be permitted by the Police Chief or his designee to swap an
unlimited, but reasonable, number of shifts during the contract
year(s) to conduct P.B.A. business, provided a writ ten request
is submitted at least seventy-two (72) hours prior to the time-
off period, and provided such request is approved b y the Police
Chief or his designee, such approval not to be unre asonably
withheld. No additional overtime shall be paid to employees of
the bargaining unit as a result of such swapping of shifts,
notwithstanding the provisions as set forth in Arti cle 9 of this
contract. All such swapping of shifts must be comp leted within
a six (6) month period of time. All such swapping shall be
purely voluntary on the employee's part and shall b e solely for
the employee's benefit and not that of the City; th erefore, no
overtime shall be paid as a result of such shift sw apping.
Section 2
A P.B.A. Time Pool shall be established on the bas is of
each P.B.A. member contributing three (3) straight hours of
vacation leave, holiday option time, or compensator y time, to be
determined by the employee on how they choose to do nate to the
pool on an annual basis. Said three (3) hours will be deducted
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
7
from each P.B.A. member's account in the second pay period of
October and thereafter placed in the Bargaining Uni t Time Pool.
No P.B.A. member is exempt from donating said time to the
pool when a member has no available hours for the c ontribution.
When a member accumulates appropriate leave time af ter the
annual deduction, the payroll clerk will deduct thr ee (3)
straight hours of leave time from vacation leave, h oliday option
time, or compensatory time bank as soon as hours ha ve been
accrued.
Section 3
The P.B.A. Time Pool will be charged for all hours during
which an elected or appointed P.B.A. official is on an on-duty
release to conduct P.B.A. business.
Section 4
All requests for the use of the P.B.A. Time Pool s hall be
submitted by the lead representative of the associa tion or
his/her designate to the Chief of Police or his aut horized
designate at least three (3) calendar days in advan ce of the
requested time off. However, this shall not preclu de management
from granting leave with less than three (3) days n otice.
Section 5
At the sole discretion of the Chief of Police, sai d use of
the P.B.A. Time Pool may be denied if the absence o f P.B.A.
officials creates insufficient manpower to maintain efficiency
of operations within the Police Department.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
8
Section 6
P.B.A. members, up to a maximum of four (4), shall be
permitted to attend contract negotiations on an on-duty status.
Bargaining unit members on an off-duty status shall not be
carried on an on-duty status for the sessions. In the event
that staffing concerns arise regarding a P.B.A. mem ber's
assignment conflicting with attending contract nego tiations,
supervisory approval shall be required prior to att ending.
Section 7
A P.B.A. Representative will be afforded a reasona ble
amount of on-duty time to prepare and assist P.B.A. members in
disciplinary actions. Representatives on an off-du ty status
shall not be carried on an on-duty status for this purpose. In
the event that staffing concerns arise regarding a
representative's assignment conflicting with the pr oceedings
supervisory approval shall be required beforehand.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
9
ARTICLE 5
LABOR-MANAGEMENT COMMITTEE
Section 1
There shall be a Labor-Management Committee consis ting of
the following employee-management representatives:
(1) Three (3) bargaining unit representatives, as
designated by the P.B.A.
(2) Three (3) management Police Department employe es, as
designated by the City Manager.
Section 2
Meetings of this committee may be scheduled at the request
of either party upon five (5) days notice in advanc e. The party
requesting such a meeting shall forward to the desi gnated
representative of the other party an agenda specify ing those
questions/issues to be presented for discussion. T he time,
place, and duration of discussion shall be determin ed by the
City.
Section 3
The sole function of the Labor-Management Committe e shall
be to discuss general matters pertaining to employe r-employee
relations. The Committee shall not engage in colle ctive
bargaining or the resolution of grievances.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
10
Section 4
The City will endeavor to schedule such committee meetings
so as not to unduly interfere with the regularly sc heduled shift
of any bargaining unit member designated to attend. The P.B.A.
shall submit to the City Manager (or his designee) in advance,
and keep current, a list of those bargaining unit m embers who
will be designated for said Committee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
11
ARTICLE 6
BULLETIN BOARDS
The P.B.A. may provide two (2) serviceable, locked and
glass-encased bulletin boards in the Police Departm ent building
[one (1) at a designated and appropriate location o n the first
floor and one (1) at a designated and appropriate l ocation on
the second floor] for use by the P.B.A. in posting notices of
P.B.A. business and activities. All materials post ed must be
signed by an officer of the P.B.A., who shall be he ld
responsible for the content of such materials. A c opy of all
such materials shall be provided to the Police Chie f or his
designee in advance of such posting.
The bulletins, notices, mobile digital computers, Microsoft
Outlook, or materials posted shall contain nothing of a
political nature (excluding political material rela ting to
P.B.A. elections) and nothing of a derogatory natur e toward the
City, its elected officials, its officers, or emplo yees, as
determined by the City.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
12
ARTICLE 7
SOLICITATION OF OR BY EMPLOYEES
Section 1
Unless specifically authorized by the City Manager , all
solicitations among City employees during working h ours for
commercial, charitable, or union purposes, and sell ing of
tickets, magazines, and other merchandise, is prohi bited.
Section 2
Employee organizations, their members, agents, or
representatives, or any persons acting on their beh alf are
hereby prohibited from and shall not be required to :
A. Solicit public employees during working hours of any
employee who is involved in the solicitation.
B. Distribute literature during working hours in ar eas where
the actual work of public employees is performed, s uch as
offices, warehouses, schools, police vehicles, poli ce
stations, fire stations, and any similar public
installations. This section shall not be construed to
prohibit the distribution of literature during the
employee's lunch hour or in such areas not specific ally
devoted to the performance of the employee's offici al
duties.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
13
C. Solicit for commercial, charitable, or union pur poses, and
sell tickets, magazines, or other merchandise while in City
uniform or attire, or while using City vehicles or
equipment.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
14
ARTICLE 8
MANAGEMENT RIGHTS
Section 1
The City exclusively reserves and retains all righ ts,
powers, prerogatives and authority customarily exer cised by
management and held or exercised by the City prior to the
certification of the P.B.A., except as limited by l aw or
expressly modified by this Agreement.
Section 2
The City of Delray Beach shall have the right, sub ject only
to express restrictions in this Agreement, and subj ect to the
PBA's right if any to impact bargain, to exercise i ts own
discretion unilaterally on all of the following mat ters,
whatever may be the effect on employment, when in i ts sole
discretion it may determine it is advisable to do a ny or all of
the following:
1. To manage and administer the affairs of the City
generally.
2. To decide the purpose of each of its constituent
agencies.
3. To set standards of service to be offered to the
public.
4. To exercise control and discretion over its
organization and operation.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
15
5. To direct its employees.
6. To take disciplinary action and discharge employ ees
for just cause as to both non-probationary and
probationary promoted employees, and to take
disciplinary action against and discharge with or
without cause new probationary employees.
7. To relieve its non-probationary employees from d uty
because of lack of work and other legitimate reason s,
to remove a promoted probationary employee from the
position to which he was promoted. In the event a
promoted probationary employee is removed for failu re
to satisfactorily perform job duties, he shall be
returned to the position from which he was promoted
(and this shall not be construed as a limitation up on
or a waiver of the City's right to discharge or
discipline such a promoted probationary employee).
The City may likewise remove other promoted
probationary employees which may be necessary becau se
of the return of this employee to his former positi on.
8. To relieve other probationary employees from dut y for
any reason.
9. To determine and redetermine work schedules.
10. To maintain order and efficiency in its operati ons.
11. To determine and redetermine starting and quitt ing
times, in which case the City shall provide to the
affected employees five (5) calendar days notice in
advance of any changes in such starting and quittin g
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
16
times, except that no such advance notice shall be
required in cases of emergency as determined by the
City.
12. To determine and redetermine the number of hour s to be
worked, in which case the City shall provide to the
affected employees five (5) calendar days notice in
advance of any changes in such number of hours to b e
worked, except that no such advance notice shall be
required in cases of emergency as determined by the
City.
13. To require employees to submit to a medical
examination by a physician designated by the City.
14. To promulgate rules and regulations for its emp loyees
not in conflict with the provisions of this Agreeme nt.
15. To set the standards and procedures for applica tion,
testing, selection procedures, and appointment to
positions in the Police Department.
16. To take disciplinary action against employees w ho
violate any provisions of this contract or any rule s
and regulations promulgated by the City not in
conflict with the provisions of this Agreement.
17. To enforce and make amendments to the General O rders
at any time, and to enforce the provisions in such
General Orders against both probationary and non-
probationary members of the bargaining unit, and to
take disciplinary action against employees for fail ure
to follow the provisions of such General Orders.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
17
However, the exercise of such rights by the City sh all
not necessarily preclude employees or their
representatives from raising grievances, should
decisions on the above matter set forth in this
subsection have the practical consequence of violat ing
the terms and conditions of this Agreement.
18. Under reasonable circumstances, to dismiss or
otherwise relieve from duty employees who have
contracted or developed some mental or physical
ailment or defect which incapacitates him/her for d uty
in the City service.
19. To require enhanced supervision of both probati onary
and non-probationary employees under reasonable
circumstances.
20. To hire, retire, promote, demote, evaluate,
compensate, transfer, assign, direct, layoff, recal l,
or reward employees.
21. To determine, re-determine, and direct the poli cies,
mode, and methods of performing work of any sort.
22. To determine the qualifications for and to sele ct its
employees.
23. To determine the size and composition of its wo rk
force.
24. To assign overtime work and to select persons t o
perform such overtime work, subject to existing
practices of equitable distribution of overtime
opportunities.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
18
25. To determine the number and types, and to contr ol,
regulate, or discontinue the use, of vehicles,
equipment, processes, materials, supplies, and othe r
property, to be used, operated, or distributed.
26. To institute and establish new methods and proc edures
of training of unit employees, and to engage in suc h
training methods and procedures.
27. Subject to any legal rights of incumbent employ ees to
the contrary, to determine and redetermine job
content, job descriptions, and all qualifications f or
job classifications.
28. To determine the amounts and types of work to b e
performed by employees.
29. To determine whether and to what extent the wor k
required in its operations shall be performed by
employees covered by this Agreement.
30. To use managerial, supervisory, or other non-un it
employees to perform work performed by employees of
the unit.
31. To open new facilities, and to transfer its ope rations
or any part thereof to such new facilities, and to
transfer or assign employees to new facilities.
32. To subcontract all or any part of its functions ,
operations, or work.
33. Subject to any legal rights of incumbent employ ees to
the contrary, to expand, reduce, alter, combine,
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
19
transfer, assign, cease or create any job, job
classification, department or operation.
34. To introduce new, different, or improved metho ds,
means, processes, maintenance, service, and
operations.
35. To discontinue conduct of its mission or operat ions in
whole or in part.
36. To take all actions necessary to ensure complia nce
with federal and state equal employment opportunit y
laws, including, but not limited to, Title VII of t he
Civil Rights Act of 1964 and the Americans With
Disabilities Act of 1990.
37. Except as specifically provided in this Agreeme nt, to
have complete authority to exercise those rights an d
powers which are incidental to the rights and power s
enumerated above.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
20
ARTICLE 9
HOURS OF WORK AND OVERTIME
Section 1
The work cycle for regular full time employees sha ll be
eighty (80) hours in a 2-week cycle. The number of hours per day
and days per week shall be determined by the Police Chief. Work
schedules of bargaining unit members shall be estab lished and
implemented in the sole and exclusive discretion of the Police
Chief.
Section 2
It is recognized and understood that deviations fr om the
foregoing normal schedules of work will be necessar y and will
unavoidably result from several causes, such as but not limited
to: rotation of shifts, vacation, leaves of absenc e, weekend
and holiday duty, absenteeism, employee requests, t emporary
shortage of personnel, and emergencies. No such de viation shall
be considered a violation of this contract. Recogn izing that
the Department has an obligation to provide suffici ent manpower,
the City will attempt to avoid causing an employee covered by
this Agreement to work two (2) consecutive shifts, except in
unusual circumstances as determined by the Chief of Police or
his authorized designee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
21
Section 3
For all employees the scheduled work day shall be broken
down into fifteen (15) minute segments. An employe e shall be
noted as late for work if he/she does not report re ady for work
at his/her work station at his/her starting time. If an
employee reports for work late, eight (8) minutes o r more after
the scheduled time, he/she shall be docked in major segments of
one-quarter (1/4) of an hour.
Section 4
The City agrees to pay overtime at the rate of tim e-and-a-
half after eighty (80) hours based on a 14-day work cycle. This
work cycle shall coincide with the bi-weekly pay pe riods.
Overtime compensation will be computed at the end o f each 14-day
work cycle with compensation for same being on the following
paycheck. In the computation of such overtime comp ensation,
employees shall receive credited hours for any vaca tion days,
and compensatory time which may occur within the pa y cycle.
Employees shall not receive credited hours for any sick leave,
holidays, union time pool or any other leave time e xcept workers
compensation which may occur within the pay cycle.
Section 5
Both parties hereto agree, and the P.B.A. acknowle dges,
that the City has declared members of the bargainin g unit to be
"7(k)" employees for purposes of application of the Fair Labor
Standards Act. Forms acknowledging this fact for e ach
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
22
individual employee shall be provided by the City f or
acknowledgment by the employee.
Section 6
Credit towards overtime shall not be accrued until an
employee has worked eight (8) or more minutes beyon d his/her
normal schedule for the day. Once that eight (8) o r more
minutes has been worked, he/she shall accrue overti me credit for
that fifteen (15) minute segment and subsequently f or any
additional fifteen (15) minute segments, computed i n a like
manner.
Section 7
If an employee covered by this Agreement is called out to
work outside his/her normal working hours, he/she s hall receive
a minimum of three (3) hours pay at time and one-ha lf (1 1/2)
his or her regular rate of pay.
Section 8
Officers and Sergeants working 11.5 hour schedules work a
total of 80.5 hours within each pay period. Every employee
under this deployment schedule will be given off ½ hour every
pay period.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
23
Section 9
1. Upon the mutual agreement of the employee and the C ity , an
employee will be awarded compensatory time at the r ate of
one and one-half hours of compensatory time for eac h hour
of overtime worked, in lieu of overtime pay.
2. The maximum amount of compensatory time that any em ployee
can accrue is 72 hours. When an employee accrues t he
maximum permissible compensatory leave, the employe e shall
be paid for all overtime hours in excess of the max imum at
the rate of one and one-half times the employee's c urrent
rate of pay.
3. Employees wishing to use accrued compensatory time shall
make a request to do so to their Shift Commander at least
48 hours in advance of the time that the employee w ishes to
use the leave time. Requests to use accrued compen satory
time with less than 48 hours notice may be approved in
extraordinary circumstances, as determined by the P olice
Chief or designee.
4. Requests to use accrued compensatory time shall be reviewed
on a first come, first serve basis, and approved ba sed on
the operational needs of the shift for the time per iod
requested, as determined by management. When an
HPSOR\HH¶VUHTXHVWWRXVHFRP pensatory time off is denied
as to specific dates, the City will upon request, a dvise
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
24
the employee of alternate dates that are available to
schedule compensatory time off. Because of the uni que
staffing needs of law enforcement agencies, no empl oyee can
be guaranteed that his or her request to take compe nsatory
leave on a particular day or days will always be gr anted.
However, employees who request the use of compensat ory time
shall be permitted to use such time within a reason able
period after making the request, if the use of comp ensatory
time does not unduly disrupt the operations of the
department. The request will be deemed to have bee n
granted within a reasonable period if the City offers to
allow the employee to take compensatory time off wi thin
one-hundred eighty (180) days of the final date req uested
by the employee.
EXAMPLE: On February 1, 2005, an employee requests to take
compensatory leave beginning on March 1 and ending on
March 5, 2005. Management denies the requests for
those particular dates. The request will be deemed to
have been granted within a reasonable period if the
Employer offers alternate compensatory time off on or
before August 27, 2005.
In the event the request to use compensatory time c annot be
granted within a reasonable time as defined in this
subsection, the employee may elect to be paid for t he
compensatory time that was not granted.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
25
5. Employees may request to use compensatory time to t ake off
HDUOLHUWKDQWKHWLPHWKDWWKHHPSOR\HH¶VVKLIWHQG V
Because of the nature of law enforcement services, there
are certain activities performed by police officers which
cannot be postponed until a later date, and cannot be
transferred to another officer for completion. Exam ples of
such activities include, but are not limited to: pr ocessing
of an arrest; completion of arrest or incident repo rts;
continuation of an ongoing pursuit. Therefore, whe re such
requests to use compensatory time are granted, the approval
VKDOOEHPDGHRQD³FRQGLWLRQDO´EDVLVDVIROORZV ,QWKH
event that an employee is involved in a task or act ivity
that cannot be postponed until a later date, and ca nnot be
completed by another officer, at the time the compe nsatory
leave is scheduled to begin, the compensatory leave will be
postponed until the employee has completed the task or
DFWLYLW\,QVXFKFDVHVWKHHPSOR\HH¶VFRPSHQVDWR U\OHDYH
account will not be charged for the time that he or she is
held over. The employee will continue to be paid f or the
time he or she is held over at the otherwise applic able
rate of pay. Employees who are given conditional ap proval
to use compensatory time to take off earlier than t he time
WKHHPSOR\HH¶VVKLIWQRUPDOO\HQGVDQGWKHQZKRDU H
required to remain on duty, are not entitled to cal l out
pay.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
26
6. Upon termination of employment for any reason, empl oyees
shall be paid for all accrued compensatory time at the
HPSOR\HH¶VUHJXODUUDWHRISD\DWWKHWLPHRIWKH
separation.
Section 10
An employee who is temporarily and continuously as signed by
the proper authority to perform the duties of a hig her
classification for more than three (3) consecutive shifts, will
be compensated for the time spent in the higher cla ssification
at a rate of five percent (5%) above his/her regula r base
salary. Once additional compensation commences, it will be paid
retroactive to when the employee first began the co ntinuous
service as an acting supervisor, and shall continue until the
employee's continuous service as an acting supervis or ceases.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
27
ARTICLE 10
WAGES
Section 1
It is agreed between the parties that the salary s chedule
for bargaining unit employees is as follows:
Fiscal Years 2010-2013
Police Officer (in training) $36,863
Section 2
Upon the Police Department certifying that a polic e
officer-in-training has completed the Academy Train ing program
and has passed the State Certification Exam, such o fficer shall
be placed in Step 1 for the classification of Polic e Officer.
If the employee is hired as a police officer-i n-training,
WKHHPSOR\HH¶VSHUIRUPDQFHHYDOXDWLRQGDWHVKDOObe the date the
Police Department certifies such employee as an ent ry level
Police Officer.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
28
Section 3
The following ten (10) step plan shall be as follo ws:
Step Plans for 2010-2013
6WHS3ODQZ$VVRFLDWH¶V'HJUHH
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
Police Officer
44,310
21.30
46,526
22.37
48,852
23.49
51,295
24.67
53,860
25.90
56,553
27.19
59,381
28.55
62,350
29.98
65,468
31.49
68,741
33.05
Police Officer First
Class
45,310
21.79
47,576
22.88
49,955
24.02
52 ,453
25.22
55,076
26.48
57,830
27.81
60,722
29.20
63,758
30.66
66,946
32.19
70,293
33.79
Career Officer 1
51,005
24.53
53,555
25.75
56,233
27.04
59,045
28.39
61,997
29.81
65,097
31.30
68,352
32.87
71,770
34.50
Career Officer 2
54,605
26.26
57,335
27.57
60,202
28.95
63,212
30.40
66,373
31.92
69,692
33.51
73,177
35.18
Career Officer 3
58,385
28.07
61,304
29.48
64,369
30.95
67,587
32.50
70,966
34.12
74,514
35.82
Master Police Officer
62,354
29.98
65,472
31.48
68,746
33.06
72,183
34.71
75,792
36.44
Sergeant
58,039
27.91
60,941
29.30
63,988
30.77
67,187
32.31
70,546
33.92
74,073
35.62
77,777
37.40
81,666
39.27
85,749
41.23
90,036
43.29
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
Police Officer
46,390
22.31
48,606
23.37
50,932
24.49
53,375
25.67
55,940
26.90
58,633
28.19
61,461
29.55
64,430
30.98
67,548
32.48
70,925
34.10
Police Officer First
Class
47,390
22.79
49,656
23.88
52,035
25.02
54,533
26.22
57,156
27.48
59,910
28.81
62,802
30.20
65,838
31.66
69,026
33.19
72,477
34.84
Career Officer 1
53,085
25.53
55,635
26.75
58,313
28.04
61,125
29.39
64,077
30.81
67,177
32.30
70,432
33.87
73,954
35.55
Career Officer 2
56,685
27.26
59 ,415
28.57
62,282
29.95
65,292
31.40
68,453
32.92
71,772
34.51
75,361
36.23
Career Officer 3
60,465
29.07
63,384
30.48
66,449
31.95
69,667
33.50
73,046
35.12
76,698
36.87
Master Police Officer
64,434
30.98
67,552
32.48
70,826
34.06
74,263
35.71
77,976
37.49
Sergeant
60,119
28.91
63,021
30.30
66,068
31.77
69,267
33.31
72,626
34.92
76,153
36.62
79,857
38.40
83,746
40.27
87,829
42.23
92,220
44.34
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
29
6WHS3ODQZ%DFKHORU¶V'HJUHH
Effective October 1, 2011, employees of the b argaining
unit shall be eligible for step movement until Sept ember 30,
2012. Topped-out employees will receive no wage inc reases.
Effective October 1, 2012, step movement will not occur
unless and until it is provided for in an agreement between the
parties pursuant to re-opener negotiations.
Section 4
Bargaining unit employees shall continue to receiv e an
DQQXDOSHUIRUPDQFHHYDOXDWLRQRQWKHHPSOR\HH¶VHPS OR\PHQW
anniversary date, or last promotion date, whichever occurs
later. 1RVWHSLQFUHDVHVKDOOEHSDLGLIDQHPSOR\HH¶VRYH UDOO
performance evaluation is unsatisfactory.
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10
Police Officer
48,470
23.31
50,686
24.37
53,012
25.49
55,455
26.67
58,020
27.90
60,713
29.19
63,541
30.55
66,510
31.98
69,628
33.48
73,109
35.15
Police Officer First
Class
49,470
23.79
51,736
24.88
54,115
26.02
56,613
27.22
59,236
28.48
61,990
29.81
64,882
31.20
67,918
32.66
71,106
34.19
74,661
35.89
Career Officer 1
55,165
26.53
57,715
27.75
60,393
29.04
63,205
30.39
66,157
31.81
69,257
33.30
72,512
34.87
76,138
36.60
Career Officer 2
58,765
28.26
61,495
29.57
64,362
30.95
67,372
32.40
70,533
33.92
73,852
35.51
77,545
37.28
Career Officer 3
62,545
30.07
65,464
31.48
68,529
32.95
71,747
34.50
75,126
36.12
78,882
37.92
Master Police Officer
66,514
31.98
69,632
33.48
72,906
35.06
76,343
36.71
80,160
38.54
Sergeant
62,199
29.91
65,101
31.30
68,148
32.77
71,347
34.31
74,706
35.92
78,233
37.62
81,937
39.40
85,826
41.27
90,000
43.27
94,500
45.43
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
30
Annual performance evaluations shall be conducted
SXUVXDQWWRWKH3ROLFH'HSDUWPHQW¶V(PSOR\HH3HUIRU PDQFH
Evaluation criteria and forms, as determined by the City.
Section 5
Educational Incentive Compensation ± Employees covered by
WKLVDJUHHPHQWZKRSRVVHVVRUREWDLQD%DFKHORU¶VD QGRU
Associate Degree levels of higher education from ce rtified
colleges and universities shall be compensated in a ccordance
ZLWKWKH6WHS3ODQIRU$VVRFLDWH¶V'HJUHHDQG%DFKH ORU¶VDegree.
Section 6
Community Patrol/Community Response Incentive ± A
Community Patrol/Community Response Incentive, desi gned to
attract and compensate experienced officers and ser geants to
work evening and midnight shift shall be paid on a cent per hour
basis. Accordingly, an assignment where the majorit y of the
shift hours occur after 5:00 p.m. shall be paid at $.75 per
hour.
Community Patrol and Community Response Officers an d
Sergeants assigned to these shifts shall be eligibl e for such
compensation provided such officers shall have comp leted the
Field Training Program. Officers may be removed fro m these
assignments for cause as articulated by Police Mana gement. The
parties understand that this compensation is subjec t to review
and modification. It is further understood that th rough a
reorganization of the Police Department, the work s chedule that
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
31
presently exists may in fact be altered causing the parties to
re-examine this issue and make appropriate modifica tion.
Section 7
The Chief of Police shall have the authority to hir e
Florida State Certified applicants and/or those wit h the
advanced academic degrees at two (2) Steps above th e entry rate
for a Police Officer.
Section 8
Employees who are fluent (speaking, reading, writin g and
listening) in Creole or Spanish will be eligible fo r Language
Incentive pay at the rate of $.43 per hour. The La nguage
Incentive shall be paid as a bonus outside the sala ry range and
shall be included in overtime and pension calculati on. To be
eligible for the Language Incentive pay, employees must first
pass a language proficiency test given by a vendor selected by
the City.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
32
ARTICLE 11
HOSPITALIZATION INSURANCE
Section 1
The City agrees to pay the total medical and
hospitalization insurance premium for all bargainin g unit
employees for the coverage that is in effect for ge neral
employees. The City may change such coverage, prov ided that the
change in coverage is in conjunction with a change in coverage
for a substantial portion of the general employees of the City,
and that after such change, the City will pay the t otal
hospitalization premium for all bargaining unit emp loyees under
the new coverage.
Section 2
All bargaining unit employees shall pay the total medical
and hospitalization insurance premiums for any depe ndant
coverage which they may elect.
The parties agree that state or federally mandated health
insurance plans may impact the parties rights and o bligations.
The parties agree that if there are such mandates d uring the
duration of this contract, the impact thereof shall be subject
to bargaining .
Section 3
The City reserves the right to change the medical and
hospitalization insurance carrier, but the level of deductibles
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
33
and insurance benefits provided to bargaining unit employees
shall not be reduced during the term of this Agreem ent.
Section 4
The City will maintain an insurance committee to d iscuss
and review the City's insurance program, and to mak e
recommendations to the City Manager regarding the C ity's
insurance program(s). The insurance committee will be composed
of one representative from each of the bargaining u nits in the
City, a representative of the non-bargaining unit e mployees of
the City, and management representatives. The City Manager will
select the management members of the insurance comm ittee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
34
ARTICLE 12
PENSION PLAN MATTERS
The PBA and the employees hereby recognize and agre e that
during the life of this agreement, the agreement co ncerning
pension matters executed by the parties in October and November,
1993 and as amended in August, 1999 and as amended in April
2004, shall be continued in full force and effect.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
35
ARTICLE 13
HOLIDAYS
Section 1
The following days shall be holidays for all regul ar full-
time employees:
New Year's Day Independence Day
Martin Luther King, Jr.'s Birthday Thanksgiving Da y
Memorial Day (last Monday in May) Thanksgiving Fri day
Personal Holiday Christmas Eve
(1 per fiscal year) Christmas Day
and any other day declared by the City Commission t o be a legal
holiday. The Personal Holiday will be granted on a date
selected by the employee, provided the employee has six (6)
consecutive months of regular full-time service wit h the City.
The date selected must be approved by the Police Ch ief and City
Manager.
For employees who have completed the probationary period
set forth in Article 22 of this Agreement, employee s shall have
nine (9) holidays (72 hours), the dates for which m ay be
selected in advance by the employee, subject to the approval of
the Police Chief or his authorized designee, on any regular
scheduled work day during the contract period, subj ect to
Section 2 below, provided that no more than three (3) such
holidays shall be permitted per calendar month, and the
selection by the employee must be made no later tha n twenty-four
(24) hours prior to the date(s) selected.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
36
Section 2
Employees who have successfully completed probation ary
status will receive 72 hours of Holidays per fiscal year. A
maximum of 36 hours can be used for pay out of holi day options,
and a minimum of 36 hours must be used for time off .
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
37
ARTICLE 14
VACATION
Section 1
Regular, full-time bargaining unit members shall r eceive
annual vacations, which may be accumulative from ye ar to year,
pursuant to the provisions set forth in Section 6, below.
Section 2
VACATION ALLOWANCE CHART
Years of Continuous Service Other Full Time Person nel
Over, but less than Vacation Hours
0 years 3 years 8.00/month
3 years 7 years 9.33/month
7 years 11 years 10.66/month
11 years 12.00/month
The accumulation of vacation days at each of the s tages
referenced above shall commence during the fourth, eighth, or
twelfth years, respectively, of continuous service. For
example, an employee in his/her fourth year of cont inuous
service would be earning vacation time at the rate of one
hundred twelve (112) work hours per year so that at the end of
the fourth year of continuous service for that four th year, the
employee would have available one hundred twelve (1 12) work
hours to take during the next year (the fifth year); and, that
the rate of one hundred twelve (112) work hours per year
vacation time would continue to be accumulated annu ally in the
fifth, sixth, and seventh years of continuous servi ce; the rate
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
38
of one hundred twenty-eight (128) work hours would then be
accumulated between the employee's seventh annivers ary date and
the employee's eighth anniversary date.
B. A member of the bargaining unit shall not be eligib le
to take any vacation time in the first year of
continuous service. An employee shall be considere d
as earning vacation time in the first year of
continuous service, however such vacation time shal l
actually be taken in the second year of continuous
service.
Section 3
Continuous service shall be considered to be any s ervice in
which there has been no interruption by resignation , absence
without leave, or by involuntary separation or lay-off in excess
of one year. Absence due to military service, inju ry in line of
duty, or sick leave with pay shall not serve to int errupt
continuous service unless the employee was employed by another
employer during such period of absence. Absence du e to leave
without pay shall not be construed as an interrupti on of
continuous service, but vacation benefits shall not be accrued
during such leave.
Section 4
When legal holidays occur within the vacation peri od of an
employee, the number of such days that are legal ho lidays shall
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
39
be added to the normal number of vacation days allo wed, or paid
as straight time, at the employee's option.
Section 5
An employee resigning from the service of the City in good
standing shall be paid for any vacation credit accu mulated prior
to resignation, provided:
A. He/she has completed one year of continuous serv ice.
B. He/she gives at least two weeks' written notice of his
intent to resign and the written notice or copy of
same is filed with the City Manager's office at lea st
two weeks prior to termination.
Section 6
Vacation time is subject to the following requirem ents:
The maximum accumulation permitted will not exceed two hundred
eighty-eight (288) working hours. All vacations, i ncluding
those periods made mandatory above, including the t iming of such
vacation and the actual number of days taken, are m ade expressly
subject to the approval of the Chief of Police and City Manager.
Section 7
All personnel will have leave request/lock out gui delines
to follow to ensure that they will have equal oppor tunities at
leave time while maintaining seniority consideratio n where
applicable. Leave will be considered approved when signed by
the Division/District Commander, supervisor, or his /her
designee.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
40
Outside 60-days ± leave requests 61 days or greater from
the time the requested leave begins will allow for bumping by
senior employees for any and all leave requests.
31-60 days ± from the time the requested leave begins,
bumping based upon Seniority is permissible for req uests of less
than one work week.
One (1) day to 30 days ± from the time the requested leave
begins does not allow for any bumping. All request s within this
time frame will be granted on a first come-first se rved basis.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
41
ARTICLE 15
SICK LEAVE
Section 1
The P.B.A. recognizes that sick leave is not a pri vilege
which an employee may use at his discretion and it shall be
allowed only for the following:
1. Employee's injury, illness or quarantine due to
exposure to contagious disease.
2. Actual illness of a member of an employee's imme diate
household (wife, husband or child) where care by th e
employee is required.
Section 2
All regular full-time employees may be given sick leave
with pay at the rate of 8 hours for each calendar m onth of
continuous service during which there were no absen ces without
leave, provided:
1. Sick leave credits shall accrue during the first six
months of service, but shall not be granted until
completion of six months of continuous service.
2. If employment begins on or before the fifteenth day of
the month sick leave credit shall be given for the
entire month. If employment begins after the
fifteenth day of the month sick leave will not be
credited until the first day of the following month .
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
42
3. If an employee works less than half the normal w ork
days during a month for reasons other than vacation ,
sick leave shall not be credited for that month.
4. Sick leave credits shall be available for use on the
first day of the month following the month in which
earned.
The maximum sick leave accumulation that may be ac crued is
one thousand one hundred twenty (1,120) hours.
The employee may bank all unused sick leave each y ear until
the one thousand one hundred twenty (1,120) hours m aximum is
reached.
Section 3
Employees who resign in good standing shall receiv e pay at
their then regular hourly rate for the portion of t heir accrued
sick leave stated below, not to exceed a total paym ent of five
hundred sixty (560) hours:
Percentage of Accrued Sick
Years of Service Leave to Be Paid
0 - 5 -0-
5 - 10 25%
10 - 15 50%
15 - 20 75%
20 or more 100% or up to 560 hrs.
Employees who retire from the City in good standin g after
twenty (20) years under the City of Delray Beach Po lice and
Firefighters Retirement System shall receive pay at their then
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
43
regular hourly rate for their total amount of accru ed sick
leave, not to exceed the maximum allowed accrual of one thousand
one hundred and twenty (1120) hours.
Section 4
Employees reporting in sick or unable to report fo r duty
must do so not later than thirty (30) minutes prior to their
reporting time, except in cases of emergency as det ermined by
the Police Chief. All employees will report to the
Communications Section. Reporting must be done by the employee
himself/herself, and any failure to report shall be considered
as absence without leave. The Police Chief or his designee may
investigate absences on account of sickness to dete rmine their
validity. When absence is for three or more workin g days, the
Police Chief may require the employee to provide a certificate
from a physician, certifying to the actual disabili ty of the
employee, or may require a letter from the employee explaining
the reasons for such absence. Violations of this p olicy may
result in discipline up to and including terminatio n.
Section 5
In case of death of an employee, payment for unuse d sick
leave, pursuant to Section 3, sha OOEHPDGHWRWKHHPSOR\HH¶V
beneficiary, estate or otherwise provided by law.
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ARTICLE 16
LEAVES OF ABSENCE WITH PAY
Employees may be granted leaves of absence with pa y upon
approval of the Police Chief and the City Manager f or the
following:
A. Jury duty or other required appearances before a court
or other public body, except such appearances requi red
because of the personal matters of the employee or his
family.
B. Official training courses such as conferences,
conventions, workshops, or similar meetings approve d
by the City.
Under these provisions, no overtime pay will be co nsidered.
Leaves of absence with pay will not be considered a s hours
actually worked in the computation of time-and-a-ha lf payment of
overtime at the end of the work cycle during which they occurred
unless such leaves are directly concerned with City business and
the employee was directed by the Police Chief to us e such leave
in order to conduct City business. Provided, howev er, that in
the case of any leave of absence with pay which may be granted
to attend training sessions which are required by t he City, such
time shall be considered as hours worked for purpos es of
calculations under the provisions, where applicable , of the Fair
Labor Standards Act.
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ARTICLE 17
LEAVES OF ABSENCE WITHOUT PAY
Upon written request of an employee and approval b y the
Police Chief, the City Manager may grant a leave of absence
without pay when it will not result in undue prejud ice to the
interests of the City.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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ARTICLE 18
BEREAVEMENT LEAVE
Section 1
When a death or critical illness, in which death a ppears to
be imminent occurs in the family of an employee, th e employee
may be allowed three (3) shifts if occurring in the State of
Florida and five (5) shifts if occurring outside th e State of
Florida, bereavement leave with pay. For the purpose of thi s
article, family is defined as follows: father, mot her, brother,
sister, spouse, child, father-in-law, mother-in-law , son-in-law,
daughter-in- law, brother-in-law, sister-in-law, gr andchild,
grandparents, foster parents, foster children, step -children,
step-parents or domestic partner as qualified throu gh Palm Beach
&RXQW\¶VGRPHVWLFSDUWQHUUHJLVWUDWLRQSURJUDP No other
persons shall be contained within the definition of family
except as specifically set forth herein.
Section 2
Bereavement leave will not be charged against sick leave,
vacation, or holiday time. Additional time for ber eavement
leave may be requested by the employee, and if gran ted by Police
Chief and City Manager, shall be charged to one of the foregoing
categories.
Section 3
The employee may be required by the Police Chief t o furnish
evidence of the facts justifying the use of bereave ment leave.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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ARTICLE 19
MISCELLANEOUS CONSIDERATIONS
Both parties acknowledge that during the term of t his
agreement the City, with input from members of the Police
Department, will agree to further study certain add itional
matters regarding the employment conditions and ter ms for
bargaining unit employees, including:
A. A review of the individual performance appraisal form
and the step plan system utilized by the City to
determine the acceptability and feasibility to the
City of instituting a revised system wherein all
employee evaluations since the employee's last
anniversary date would be averaged to arrive at the
employee's rating, that an average "satisfactory" o r
higher rating for the review period would be requir ed
to move to the next higher step, while receiving be low
this "satisfactory" rating would receive no step
increase; and,
B. A review of promotional qualifications concernin g the
acceptability and feasibility of instituting as a
qualification for promotion, a minimum number of ye ars
experience, either in law enforcement or with the
City, prior to taking the written examinations for
promotion to sergeant; and,
C. A review of establishing a new or instituting
revisions to the existing program(s) for the award of
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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certificates or the like recognizing exemplary serv ice
or significant contributions by sworn Police
Department employees.
The P.B.A. agrees that it shall be its obligation to submit
in a timely fashion to the City any ideas concernin g the above
in order for the City to consider same during this contract
period; and further, the P.B.A. acknowledges that t he City must
examine any and all such proposals in light of its City-wide and
Department-wide responsibilities and considerations , and that
although all proposals will be given the appropriat e
consideration and review, any decisions to accept o r reject any
and all such proposals shall be within the City's s ole
discretion.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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ARTICLE 20
NEPOTISM
No City official or employee in a managerial or su pervisory
capacity may be appointed, employed, promoted, or a dvanced in or
to a position in any other department where that pe rson would
exercise regulation or control over any individual who is a
relative of the City official or employee.
A person who is a relative of a City official or e mployee
may not be appointed, employed, promoted, or advanc ed in or to a
position in any department if the related City offi cial or
HPSOR\HHLVRUZRXOGEHWKHSHUVRQ¶VVXSHUYLVRUR UZKRZRXOG
exercise any dominion or control over or otherwise regulate the
duties and responsibilities of the person, or if th e person
would supervise or exercise any dominion or control over or
otherwise regulate the duties and responsibilities of the
related City official or employee.
"Relative", as used herein, means a person who is related
by blood, marriage or adoption as father, mother, s on, daughter,
brother, sister, grandparent, uncle, aunt, first co usin, nephew,
niece, husband, wife, father-in-law, mother-in-law, brother-in-
law, sister-in-law, stepfather, stepmother, stepson , step-
daughter, stepbrother, stepsister, half brother, or half sister.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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ARTICLE 21
NEW EMPLOYEE AGREEMENTS
All new employees shall be required by the City to execute
an agreement with the City, on a form to be provide d by the
City, in which the employee agrees, in addition to repayment of
tuitions as provided for in Florida Statutes §943.1 6, that any
such new employee who leaves the employment of the City
voluntarily prior to the expiration of three (3) fu ll years of
employment with the City, shall reimburse the City all other
costs or expenses for education/training and for cl othing or
uniforms which had been paid for by the City to the date of the
termination of employment. Furthermore, in such ag reement, the
City shall require and the employee shall agree tha t any such
amounts due and owing to the City upon said employe e's voluntary
termination shall be withheld by the City from said employee's
paycheck(s) and/or any other financial benefits oth erwise paid
by the City to that employee. This shall not be co nstrued to
constitute a waiver or otherwise prohibit the City from
collecting any additional amounts owed pursuant to this
Agreement through any other legal process.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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ARTICLE 22
PROBATIONARY PERIOD - NEW EMPLOYEES
The probationary period for non-entry level new em ployees
covered by this Agreement shall be one (1) year fro m the date
that the employee is sworn in with the Delray Beach Police
Department. New, entry level Police Officers-In Tr aining shall
have a probationary period of eighteen (18) months from the date
that the employee is hired by the Delray Beach Poli ce
Department. New probationary employees shall have no right to
utilize the grievance/arbitration procedure contain ed in this
Agreement or any other internal City policy or proc edure for any
matter concerning discharge, suspension, or other d iscipline.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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ARTICLE 23
PROBATIONARY PERIOD - PROMOTED EMPLOYEES
Section 1
There shall be a probationary period of one year f or each
employee in the bargaining unit who is promoted to a higher
classification within the bargaining unit. This pr obationary
period shall commence from the employee's initial r egular
assignment to the higher classification. During th e one year
probationary period, the City Manager or his design ee shall have
the right to remove the probationary employee from the position
to which that employee was promoted with or without cause. Any
probationary employee so removed shall have no righ t to appeal
said action under the provisions of this Agreement, or any other
policy or procedure.
A probationary promoted employee who is removed fr om the
position to which he was promoted, shall return to the position
from which he was promoted (however, this shall not be construed
as a limitation on or a waiver of the City's right to dismiss or
discipline such a probationary promoted employee fo r just
cause). Other probationary promoted employees may also be
removed and returned to their former positions if m ade necessary
because of the return of such a probationary promot ed employee
to his former position. In this event, none of the employees
moved back to their former position will have a rig ht to appeal
said action under the provisions of this Agreement, or any other
policy or procedure.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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Section 2
The Chief of Police, at his sole discretion, may e xtend the
probationary period for a period not to exceed 90 c alendar days,
during the pendency of an internal affairs investig ation.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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ARTICLE 24
SENIORITY
Section 1
The City agrees that seniority shall consist of co ntinuous
accumulation of paid service with the Department. It shall be
computed from the date of employment as a sworn emp loyee with
the Department. Seniority shall accumulate during all approved
leaves of absence of thirty (30) days or less and d uring
approved leaves of absence of less than one (1) yea r when such
leaves are due to job related illness or injury.
Section 2
Subject to supervisory approval, the choice of vac ation
periods shall be as follows:
Vacation periods shall be chosen on the basis of s eniority.
Seniority for the choice of vacation shall be calcu lated based
on the beginning date of an employee's most recent period of
continuous paid service with the Police Department. If more
than one employee started with the Police Departmen t on the same
date, then seniority for those employees shall be e stablished
based on the date they filed an application for emp loyment. If
more than one employee filed an application for emp loyment on
the same date, seniority for those employees shall be based on
the alphabetical order of their last names.
Vacation periods for sergeants shall be chosen on the basis
of seniority. Seniority for the choice of vacation shall be
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
55
calculated based on time in rank with the police de partment. If
two sergeants have the same time in rank, then seni ority for
those sergeants shall be established by date of hir e.
Section 3
In the event of layoff for any reason, the employe es shall
be laid off in the inverse order of seniority in th eir
classification only. Employees who are affected by a layoff and
have received satisfactory performance evaluations during the
year preceding the layoff shall have the opportunit y to bump.
Employees who are affected by a layoff and have rec eived less
than satisfactory performance evaluations during th e year
preceding the evaluations shall, with approval of t he Police
Chief, have the opportunity to bump. Employees sha ll be
recalled from layoff in the inverse order of layoff (last out,
first back) if said employees to be recalled are ph ysically
qualified to perform the work available at the time of recall.
The City further agrees that no new employees in a particular
classification will be hired for one (1) year or un til all
employees in that particular classification on layo ff have been
given the opportunity to return to work, whichever comes first,
in accordance with the provisions of this article. "Recall"
from layoff shall mean notifying a laid off employe e to return
to work by registered mail sent to the last address listed with
the Department as his home address or by giving a l aid off
employee personal notice to return to work. If the affected
employee has not responded to recall within three (3) work days
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
56
of the return receipt date on the recall notice or if the recall
notice is returned by the Post Office to the City d ue to
inability to locate the addressee, or if the affect ed employee
has not responded to personal notice recall within three (3)
work days, then that employee shall be considered t o have
refused recall.
Section 4
Shift work assignments shall be made according to
seniority. For purposes of this section, seniority is defined
as the amount of continuous service an employee has in his/her
rank. Shift selection shall occur one time annuall y.
1. All efforts shall be made by the City to abide b y
seniority as it affects shift work assignments. In
those instances where the City determines that th e
compelling need of the City outweighs the individua l
employees seniority right to shift selection, that
City may veto that selection based upon just cause.
The affected employee shall have the right to appea l
this veto through the chain of command to the level of
Chief of Police who shall possess the power of fina l
and binding arbitrator.
2. Management reserves the right to determine the
staffing levels.
3. The City shall not make a shift assignment that is
arbitrary and capricious.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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4. In the event of a vacancy between the described
selection period, the filling of that vacancy shall be
based on seniority as defined in this section.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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ARTICLE 25
PROMOTIONS
Section 1 -- Promotional Procedure
The City will announce promotional examinations at least
thirty (30) days in advance. A copy of any referen ce material
in the City's possession will be made available. A ll
promotional vacancies shall be filled in accordance with
criteria established by the City Manager or his/her designee.
Promotional examinations and eligibility for same s hall be
conducted in accordance with the procedures and req uirements set
forth in Exhibit A to this contract, a copy of whic h is attached
hereto and made a part hereof.
The employees or the P.B.A. may offer suggestions to the
Police Chief as to changes in the criteria to be us ed for
filling promotional vacancies. The acceptance or r ejection of
these suggestions shall be at the sole discretion o f the City
Manager or his designee.
The parties agree that although none of the member s of the
bargaining unit shall be covered under any Civil Se rvice Act of
the City of Delray Beach, the City may utilize the services of
the Civil Service Board for the purposes of prepara tion,
monitoring, and scoring of both entrance level and promotional
examinations. However, the use of the Civil Servic e Board by
the Personnel Department in such a manner shall not be construed
as providing the Civil Service Board with any juris diction.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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Employees do not have the right to file any appeal s or
grievances with the Civil Service Board relative to the
examinations, including, but not limited to the exa minations,
conditions, scores, and the contents of the examina tions
themselves.
Section 2 -- Effect of Promotion on Wages and Emplo yment
Anniversary Date
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FODVVLILFDWLRQWKHHPSOR\HH¶VZDJHVVKDOOEHLQFUH DVHGWRWHQ
percent (10%) more than the employee earned prior t o the
promotion. At the time of promotion the rate of pay will be
adjusted to the next higher step in the Sergeants S tep Plan. The
employee will then increase one full additional Ste p (5%). Said
employee shall receive a lump sum bonus of the diff erence
between the combined increase to salary and 10%.
(b) If at the time of promotion the rate of pay a djusted
to the next higher Step in the Sergeants Step Plan yields an
increase of over 10%, the promoted employee will re main in Step
1 as a Sergeant until their next performance evalua tion date and
will not increase an additional Step or receive a l ump sum
bonus.
(c) If an employee's wages are increased more than ten
(10%) as a result of a promotion, the employee's an nual
performance evaluation date will be changed to the date of the
promotion.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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EXHIBIT A
PROMOTION IN THE POLICE DEPARTMENT
All sworn personnel desiring promotion in the Poli ce
Department will be required to take the appropriate promotional
examination. In addition to the general requiremen ts for City
promotion, employees will be required to meet the f ollowing
qualifications to be admitted to such examination:
A. Admission to examination for promotion to sergea nt
shall be restricted to police officers who have bee n
in that position continuously for three (3) years w ith
the City of Delray Beach immediately preceding the
examination.
B. Admission to examination for promotion to lieute nant
shall be restricted to sergeants who have been in t hat
position for one (1) year continuously with the Cit y
of Delray Beach immediately preceding the examinati on.
C. Anyone taking an examination shall be an employe e of
the Police Department of the City of Delray Beach a t
the time of taking such examination.
D. An employee within the period of an authorized l eave
of absence from the Police Department of the City o f
Delray Beach shall be eligible to take such
examination, provided the period of the leave of
absence shall not be considered in calculating the
"time in grade" requirement of these rules.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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Candidates must obtain a minimum examination score of 70%
in written examinations to be eligible for furthe r
consideration. Written promotional examinations sh all be
augmented by oral interviews and staff evaluations. The oral
interview shall be conducted by members of neighbor ing law
enforcement agencies and/or a city official or comm unity leader
within the City of Delray Beach or a neighboring Ci ty. The
respective weights given to written examinations, o ral
interviews, and staff evaluations to determine the candidate's
total rating shall be:
Written examination 50%
Oral interview 25%
Staff evaluation 25%
An aggregate score of 70% must be attained to be e ligible
for promotion.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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ARTICLE 26
PHYSICAL FITNESS
Both parties acknowledge that during the contract period,
the City may investigate the implementation of a pe rmanent
physical fitness program for bargaining unit employ ees. Should
the City so elect, the P.B.A. shall have the opport unity, upon
notice in advance, to bargain the content of and th e standards
for such physical fitness program. However, once s o determined
by the parties, all employees of the bargaining uni t shall be
required to participate in the program unless deter mined
medically unable to do so by the City's physician. Employees
who refuse or fail to participate in this "transiti onal physical
fitness program" (unless determined medically unabl e to do so by
the City physician), shall be subject to disciplina ry action;
however, during this transitional period, employees who fail to
meet the standard of the program shall not be subje ct to
disciplinary action although the results of their p articipation
shall be kept by the City for statistical purposes.
The P.B.A. agrees that during the contract period the City
shall provide annual physicals including drug and a lcohol
screening for all employees of the bargaining unit, and that
such annual physicals for employees age 40 and over shall be
more comprehensive for such employees at five (5) y ear
intervals. Such annual physicals shall occur withi n the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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calendar quarter in which the employee's anniversar y date
occurs.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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ARTICLE 27
OUTSIDE EMPLOYMENT
Section 1
No member of the bargaining unit may hold outside
employment unless the employee's written request fo r approval of
such employment is recommended for approval by the Police Chief
and reviewed by Human Resources. The granting of such approval
is expressly contingent upon the following:
A. Assurance that the employee's City position is o f primary
importance;
B. Consideration of the effect the outside employme nt may have
upon the efficiency of the requesting employee; and
C. Determination as to the compatibility of the out side
employment with City employment.
D. Payment to the City for such services shall be a rate to be
set exclusively by the City Manager.
Section 2
Application forms for outside endeavors shall be p rovided
to the employee by the City annually and approval o f such shall
be renewable January first of each year. Outside e mployment
shall be deemed to include ownership or part owners hip of a
business (but not including ownership of less than a controlling
interest of stock of a publicly held corporation), as well as
independent contracts by employees to provide labor , services,
or materials.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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Section 3
No member of the bargaining unit may work at any p reviously
approved outside employment, nor at any future outs ide
employment, while said member is on injury leave or restricted
duty for a workers' compensation injury, unless add itional
express approval for such outside employment is obt ained by the
member from the Police Chief and the City Manager, who shall
take into consideration the recommendation(s) from the
employee's physician and/or from the City's physici an.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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ARTICLE 28
RESIGNATION
Any employee who wishes to resign in good standing shall
give the Police Chief written notice of his/her int ention at
least two (2) weeks prior to the date said resignat ion is to
become effective, or shorter notice, with the appro val of the
Police Chief. Notice of resignation shall be immedi ately
IRUZDUGHGWR+XPDQ5HVRXUFHVWRJHWKHUZLWKVDLGHPS OR\HH¶V
termination forms.
If any employee resigns without giving the required notice,
the Police Chief shall notify Human Resources; Huma n Resources
VKDOOHQWHUWKLVIDFWRQWKHHPSOR\HH¶VUHFRUGV DQ GIDLOXUHWR
give such required notice of resignation may be con sidered
sufficient reason for rejecting any future applicat ion of said
employee to reenter City Service. The Police Chief may enter
good standing records for an employee who fails to give two (2)
weeks notice if he/she feels there were extenuating
circumstances.
Any employee who is absent from duty for three (3)
consecutive shifts without securing approved leave from the
HPSOR\HH¶VVXSHULRUPD\EHFRQVLGHUHGWRKDYHUHVL JQHGZLWKRXW
notice. It shall be the duty of the Police Chief to report all
unauthorized leaves immediately to Human Resource i n the manner
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
67
prescribed. All such unauthorized leaves shall be p osted on the
HPSOR\HH¶VUHFRUGVDQGPD\EHFRQVLGHUHGLQWKHHPS OR\HH¶VPHULW
ratings.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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ARTICLE 29
NON-APPLICABILITY OF CIVIL SERVICE ACT, CIVIL SERVI CE
RULES AND REGULATIONS AND PERSONNEL POLICIES
It is understood and agreed that the Civil Service Act and
the Civil Service Code of Rules and Regulations of Delray Beach
and any amendments thereto and the Personnel Polici es shall have
no applicability whatsoever to the employees covere d by this
Agreement except as modified herein.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
69
ARTICLE 30
COMPREHENSIVE ALCOHOL AND DRUG ABUSE POLICY FOR
CITY OF DELRAY BEACH POLICE DEPARTMENT EMPLOYEES
The City recognizes that Police Department employe es are
not immune from problems that confront society in g eneral. The
problems of drug and alcohol abuse are widespread t hroughout our
community and nation. In the face of these problem s, it is
critical that the City of Delray Beach Police Depar tment
maintain a working environment free of alcohol and drug abuse.
The primary objective of this policy is to provide a safe and
healthful work environment for all employees, and t hereby
provide the highest level of service to the public.
I. Definitions
A. Alcohol abuse means the ingestion of alcohol or
alcoholic beverages, on or off duty, which adversel y affects the
employee's ability to perform his or her job duties . The use,
or being under the influence of alcohol or alcoholi c beverages
on the job by Police Department employees is strict ly
prohibited.
B. Drug abuse means the ingestion of any controlle d
substance as defined in Section 893.03, Florida Sta tutes, as
amended from time to time, not pursuant to a lawful
prescription. The term drug abuse also includes th e commission
of any act prohibited by Chapter 893, Florida Statu tes, as
amended from time to time.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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C. Illegal drugs means any controlled substance as
defined in Section 893.03, Florida Statutes, as ame nded from
time to time, not possessed or taken in accordance with a lawful
prescription.
II. Physical Fitness and Examinations
A. Every applicant for Police Department employmen t
(including applicants for full-time, part-time and volunteer
positions), and each re-employed employee may be re quired to
present proof that he or she is physically fit to p erform the
duties of the job which the applicant or re-employe d employee
seeks. Applicants for employment may be required t o take a
physical examination, including blood or urine test s for the
presence of illegal drugs. Applicants for employme nt whose
blood or urine is found to contain the presence of illegal drugs
shall not be considered fit to perform the duties o f the job
which the applicant seeks. The physical examinatio n shall be
completed prior to the applicant's entry on the job .
B. All Police Department employees, including mana gerial
and supervisory employees, are required to take an annual
physical examination at such times as may be specif ied within
the calendar quarter in which the employee's annive rsary date
occurs.
C. Any such annual physical examination taken by t he
Police Department employees shall include a blood/u rine test for
the presence of illegal drugs and alcohol.
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D. All employees subject to certification by the F lorida
Department of Law Enforcement shall meet all statut ory and
regulatory physical and medical requirements for in itial
certification.
E. The City Manager, or the Chief of Police, or an
Assistant City Manager, or City Attorney, or Human Resources
Director, may also require an employee to take a ph ysical
examination, that shall include a blood/urine test for the
presence of illegal drugs or alcohol, at any time t he City
Manager or Police Chief, or Assistant City Manager, or City
Attorney, or Human Resources Director reasonably be lieves that
the employee is not physically or medically fit to perform his
or her duties.
F. Furthermore, the City Manager, or the Chief of Police,
or Assistant City Manager, or City Attorney, or Hum an Resources
Director may require an employee to take a physical examination
and/or give a urine or blood specimen for testing w henever the
City Manager, Chief, or other supervisory employee has a
reasonable suspicion that the employee has been on duty, or has
reported for duty, under the influence of alcohol o r illegal
drugs.
G. The use of illegal drugs on or off duty by empl oyees
of the Police Department is strictly prohibited. T he City
Manager or the Chief of Police, or Assistant City M anager, or
City Attorney, or Human Resources Director may requ ire an
employee to take a physical examination and/or give a urine or
blood specimen for testing whenever the City Manage r, Chief of
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
72
Police, or other supervisory employee has a reasona ble suspicion
that the employee is using illegal drugs or under t he influence
of alcohol. A reasonable suspicion is a suspicion which is
based on fact derived from the surrounding circumst ances from
which it is reasonable to infer that further invest igation is
warranted.
H. Random testing for alcohol and/or controlled/il licit drugs
shall be performed in conjunction with this Article . Random
selections of employees will be made by a third-par ty contracted
firm using a U.S. Department of Transportation (DOT ) approved
random selection computer program. An employee sel ected for
random testing shall be tested on the day his/her n ame is
selected if on duty. If off-duty, the employee sha ll be tested
on his/her next regular day of work. The total num ber of random
drug tests given per year will not exceed fifty per cent (50%) of
the total number of bargaining unit members. No more than 10%
of those selected for drug testing will be tested f or alcohol.
I. The City will pay the cost of any physical
examinations and tests required by this policy. Th e examination
will be performed by medical personnel selected by the City.
Employees who take a physical examination or blood/urine test in
accordance with this policy shall be required to si gn an
authorization releasing the records of such examina tions and
tests to the City. The City shall strictly observe and maintain
the confidentiality of such employee medical record s to the
extent permitted by law.
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J. Any employee who fails or refuses to take a phy sical
examination or give a urine or blood sample in acco rdance with
this policy shall be subject to disciplinary action up to and
including dismissal.
III. Blood/Urine Tests for the Presence of Alcohol and Drugs
A. In testing for the presence of alcohol, the Cit y shall
utilize a generally accepted blood test procedure w hich produces
quantitative results showing the amount of alcohol present in
the blood.
B. At the time the testing occurs, two (2) specime ns of
urine and two (2) specimens of blood shall be taken , the first
set of which shall be used by the first laboratory and the
second set of which shall be used by a second labor atory, if
requested. In testing for the presence of illegal drugs and
alcohol, the City shall submit the first set of the samples for
testing, which, in the first instance, shall utiliz e an
immunochemical assay or radioimmunoassay test on th e employee's
blood/urine. If the initial test is positive for a n illegal
drug or alcohol, the same blood/urine specimen shal l be
subjected to a further test using the gas chromatog raphy, thin
layer chromatography or gas chromatography/mass spe ctrometry
method for verification. For non-probationary empl oyees, if
both the initial and verification tests are positiv e for an
illegal drug or alcohol, the employee shall receive notification
of results from the City in the manner set forth he rein. In
order to timely provide such notification, the empl oyee shall be
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required to contact by telephone or in person a Cit y
representative designated in advance by the City, n ot later than
one (1) hour after a date and time specifically giv en to the
employee for his/her requirement to contact a desig nated City
representative by telephone. At the time the emplo yee makes
such contact, the employee must decide whether or n ot he/she
wishes the second set of specimens provided at the initial
collection to be further tested by the City. If th e employee so
requests, then this second set of specimens shall b e tested by
the City utilizing medical personnel different from that used by
the City for the initial test. If the employee fai ls to contact
the City representative within the time frame set f orth above,
or the employee does not request the testing of the second set
of specimens, or if the employee does request the t esting of the
second set of specimens and it also tests positive for an
illegal drug or alcohol, corrective action shall be taken as
specified below.
IV. Corrective Action
A. Applicants for employment whose blood or urine is
found to contain the presence of illegal drugs or u nder the
influence of alcohol shall not be considered fit to perform the
duties of the job which the applicant seeks.
B. Employees (probationary and non-probationary) w hose
blood or urine is found to contain the presence of illegal
drugs, or who have been found to have used or been under the
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influence of illegal drugs or alcohol while on duty , shall be
terminated.
C. Any non-probationary employee who is found to h ave
engaged in off-duty alcohol abuse which adversely a ffects the
employee's ability to perform job duties may be pla ced on a
leave of absence without pay for a period of up to sixty (60)
days. The leave of absence may be extended for goo d cause by
the City Manager up to an additional fifteen (15) d ays. The
employee may use any accumulated sick leave or vaca tion during
the leave of absence. The purpose of the leave of absence is to
give the employee an opportunity to rehabilitate hi mself or
herself from abusing alcohol. The City may assist the employee
in locating an appropriate program of rehabilitatio n. Upon the
successful completion of the rehabilitation program as certified
by a physician designated by the City, the employee shall be
eligible to return to City employment in the same o r similar
position to the one which the employee occupied bef ore his or
her leave of absence. Prior to resuming employment with the
City, the employee shall be required to take a phys ical
examination which shall include a blood or urine te st for the
presence of alcohol and/or illegal drugs. The retu rning
employee shall be placed on probationary status for a period of
one (1) year following his/her return to City emplo yment.
During the one year probationary period, the City m ay require
the employee to take unannounced blood or urine tes ts for the
presence of alcohol and/or illegal drugs. If at an y time during
the probationary period or thereafter, the employee 's blood or
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urine is found to contain the presence of alcohol o r illegal
drugs, utilizing the double testing procedures set forth in
Section III(B), above, the employee shall be subjec t to
disciplinary action, up to and including dismissal.
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ARTICLE 31
DAMAGE TO CITY PROPERTY
Section 1
Each police employee shall exercise due caution in the care
and handling of all tools and equipment which may c ome into
his/her custody, or over which he/she may have a de gree of
control. Any police employee who loses, misuses, o r damages
through his/her carelessness, negligence and/or int entional
misconduct such tools or equipment provided by the City shall be
subject to discipline. When in the judgment of the City a tool
or piece of equipment is no longer safe or effectiv e, due to
normal wear and tear, the defective item shall be t urned in to
the City for replacement. No defective tool or pie ce of
equipment shall be replaced by the City until the d efective item
is presented by the employee. All tools and equipm ent issued to
a police employee by the City shall be returned to the City
prior to the employee leaving City employment in th e same
condition as same was issued (normal wear and tear excepted).
Section 2
The City will be responsible for full replacement costs for
prescription glasses and contact lenses provided th e employee
presents a replacement receipt at the time of repla cement. The
City will be responsible for replacement of damaged watches and
non-prescription sunglasses up to fifty dollars ($5 0.00). The
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City will not be responsible for the replacement of jewelry or
other personal property carried at the employee's d iscretion.
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ARTICLE 32
DISCIPLINE
Section 1
The City Manager may at any time dismiss or otherw ise
discipline any employee for just cause which he con siders will
promote the efficiency of the City's service. Furt her, the City
Manager may, at any time, dismiss any probationary new employee
with or without cause.
Section 2
The following may be considered grounds for dismis sal, or
other lesser discipline, including but not limited to demotion
or suspension, based on the City Manager's determin ation of the
gravity of the offense; however, dismissal or disci pline may be
made for causes other than those enumerated:
A. Has been found guilty in a court of competent
jurisdiction of a felony and/or of a misdemeanor
involving moral turpitude or which is related to
his/her City job function.
B. Has willfully violated any of the provisions of the
City or this Agreement, or has attempted to or does
commit an act or acts intended to nullify any of th e
provisions thereof.
C. Has violated any lawful or reasonable order or
regulation, or has failed to obey any reasonable or
lawful direction by a superior.
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D. Has reported for duty, or is actually on duty, w hile
under the influence of intoxicating beverages or
drugs.
E. Has been guilty of acts which amount to
insubordination; or has been guilty of disgraceful
conduct while on duty, or disgraceful conduct while
off duty when it reflects unfavorably on the City o r
interferes with the operations of the City.
F. Has been wantonly offensive in his conduct or la nguage
toward the public or toward any City employee or
official.
G. Has been incompetent, negligent, or inefficient to
such an extent that his/her performance falls below
the minimum prescribed standard.
H. Is careless or negligent of the property of the City
of Delray Beach, or steals or misuses any equipment ,
materials, property, or other things of value
belonging to the City.
I. Has used, or threatened to use, his position for
personal gain or advantage, or has attempted to use
political influence in securing promotion, leave of
absence, transfer, classification change, pay
increase, to influence pending disciplinary matters or
change in character of work.
J. Has taken any fee, gift, or other valuable thing in
the course of his work or in connection therewith f or
his personal use from any firm, corporation, or
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individual when such fee, gift, or other valuable
consideration is accepted with the understanding th at
the donor shall receive favors and service therefor
not customarily accorded the general public.
K. Has falsified time records, other official City
records, or has failed to report absences from duty to
his superiors in accordance with prescribed procedu re.
L. Has been absent from duty without proper leave o f
absence, or otherwise contrary to prescribed
procedures; or has failed to report for duty after a
leave of absence has expired.
M. Has been excessively absent from work; has been
repeatedly absent from work without notifying his
immediate supervisor, or has repeatedly reported la te
for work.
N. Has abused sick leave or other authorized leave of
absence by claiming false reasons for such leave.
O. Is antagonistic in his attitude toward his super visor
or fellow employees; continually criticizes orders or
rules issued or adopted by his superiors; or conduc ts
himself in such a way that it interferes with the
proper coordination of the work effort in his
department to the detriment of efficient public
service.
P. Upon the expiration of earned sick leave, fails to
report to the Police Chief his inability to return to
work, if such is the case.
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Q. Has been convicted of the unlawful possession, u se,
dispensing, or sale of any narcotic, barbiturate, m ood
ameliorating, tranquilizing, or hallucinogenic drug ,
or conspiracy to do same, while either on or off du ty.
R. Has made a significant omission on his applicati on for
employment, or has falsified it in any way.
S. Has been found guilty by a court of competent
jurisdiction of a felony criminal offense, or has b een
repeatedly found guilty of misdemeanor criminal
offenses.
T. Has been found to have used anabolic steroids, w ith or
without prescription, solely for the purposes of
enhanced muscle training or body building functions .
Disciplinary action shall be taken only as provided
pursuant to Article 30.
The City Manager shall furnish the non-probationar y
employee or the promoted probationary employee whom he dismisses
from the City service with a written statement outl ining in
detail reasons for the removal, and the date and ti me such
removal becomes effective. A copy of the statement shall be
furnished to the Police Chief.
Section 3
If criminal charges have been formally instituted against
an employee, the City Manager may place the employe e on leave of
absence with or without pay.
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During such leave of absence, the City may investi gate and
take appropriate disciplinary action against the em ployee.
However, if the employee is subsequently found not guilty by a
trial court of all of the criminal charges which ha d been
instituted against the employee, and if no notice o f potential
disciplinary action has been given, the employee sh all be
reinstated and awarded back pay for the period of s aid leave of
absence.
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ARTICLE 33
ABSENCE WITHOUT LEAVE
Section 1
An absence of an employee from duty, including any absence
for a single day and failure of an employee to repo rt at the
expiration of a leave of absence or vacation, that is not
authorized by a specific grant of leave of absence under the
provisions of this Agreement, shall be deemed to be an absence
without leave. Any such absence shall be without p ay and may be
subject to disciplinary action, including suspensio n, demotion
or dismissal in repetitive or extreme cases.
Section 2
Any employee who is absent from duty for three (3)
consecutive shifts without notifying the shift supe rvisor or
commander of the reasons for such absence and the t ime he/she
expects to return, and without securing leave, may be considered
to have resigned without notice.
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ARTICLE 34
POLICE BILL OF RIGHTS
Section 1
The City of Delray Beach agrees that in the investi gation of all
bargaining unit members all rights articulated in F lorida
Statutes, Section 112.532 and Section 112.533 (as a mended from
time to time) shall be provided. The P.B.A. may po st a copy of
Sections 112.532 and 112.533, Florida Statutes on t he bulletin
boards referenced in Article 6.
Section 2
Interrogations shall be conducted, preferably at a time when the
bargaining unit member is on duty, unless the serio usness of the
investigation is of such a degree that an immediate action is
required. Nothing herein shall prohibit the adjust ment of the
schedule of the bargaining unit member under invest igation so
that the interrogation can take place during busine ss hours.
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ARTICLE 35
NO STRIKE
Section 1
A "strike" shall be defined as the concerted failu re to
report for duty, a concerted absence of members of the
bargaining unit from their positions, a concerted s toppage of
work, a concerted submission of resignations, a con certed
abstinence in whole or in part by members of the ba rgaining unit
from the full and faithful performance of their dut ies of
employment with the City of Delray Beach, participa ting in a
deliberate or concerted course of conduct which adv ersely
affects the services of the City of Delray Beach, o r the
concerted failure to report for work after the expi ration of a
collective bargaining agreement.
Section 2
No member of the bargaining unit may participate i n a
strike. Any violation of this provision shall subj ect the
member of the bargaining unit or the P.B.A. or both to the
penalties under Chapter 447 of the Florida Statutes and Chapter
30 of the City of Delray Beach Code of Ordinances.
Section 3
In the event of a breach of the provisions of this article,
the City of Delray Beach shall be entitled to recov er from the
P.B.A. and any employee in the bargaining unit part icipating in
the strike, jointly and severally, full compensator y damages,
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
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punitive damages, costs, and attorney's fees incurr ed in any and
all proceedings involving said strike.
Section 4
The City of Delray Beach shall have the right to
unilaterally terminate the employment of any employ ee engaging
in a strike. The only issue which shall be grievab le with
reference to the termination is whether or not the employee was
in fact engaged in a strike.
Section 5
In the event of a strike, the City shall transmit written
notification to the chief agent or his designee of the P.B.A.,
and the P.B.A. will notify the employees of the bar gaining unit
and inform them that a strike is illegal under Flor ida law, of
the sanctions which may be imposed against the P.B.A. and
participating employees for a strike, and further i nstruct
striking employees to immediately return to work. The P.B.A.
agrees that the notification will be in writing and will be made
in a good faith effort to get the employees to retu rn to work.
Such conduct shall exonerate the P.B.A. from all pe nalties,
financial or otherwise, which may be imposed under this
Agreement, but this notwithstanding, the City does not waive any
rights it may have to declare this Agreement to be null and void
upon the occurrence of a strike.
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ARTICLE 36
PERSONNEL DOCUMENTS
All bargaining unit employees shall be permitted t o obtain
a copy of all documents that are placed in any of t heir
personnel files, and further shall be provided copi es of all
disciplinary action documents placed in their depar tment
personnel file.
The employee may, within thirty (30) days from the date of
the document being placed in the employee's personn el file, file
a written response to such document. The employee is fully
aware that such written response places no further obligations
on the City and confers no additional rights on the employee.
Any written response by an employee shall be clearl y designated
as the employee's response and shall bear an acknow ledgment by
the employee that such a response is solely the emp loyee's view
of the incident and confers no further obligation o n the part of
the City and confers no further rights on the part of the
employee.
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ARTICLE 37
UNIFORM ALLOWANCE
Those bargaining unit members assigned to positions within the
Department which require the use of civilian attire will be
granted a clothing allowance. Said allowance will be issued on
a semi-annual basis at the rate of $400.00 per unit member.
Those bargaining unit members assigned to motorcyc le
duties will be supplied with boots as needed and th ree (3) pair
of pants on an annual basis.
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ARTICLE 38
DISABILITY INSURANCE
Bargaining unit employees shall be eligible to rec eive the
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plans and policies applicable to all other City emp loyees.
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ARTICLE 39
SICK AND VACATION PAY-OUT ACCRUALS
The City shall make changes to the sick and vacatio n pay
accruals policy by providing the following two (2) options:
A. Provide a lump sum pay-out at termination (retireme nt) of
accrued balance not to exceed 1408 hours (1120 sick leave,
288 vacation) as currently exists.
B. Enable employees who properly notify the City with the
intent to retire, at least two years prior to Retir ement
date, the ability to have above noted accruals paid in
payments of not more than one-third per year of tot al
amount authorized at date of designation of retirem ent. The
employee will have the following option of payment:
1. The one-third payments, not to exceed one-third of
accrued balance or 1408 hours (1120 sick leave,
288 vacation), whichever is greater, be made in
cash each year.
a. The first payment will be made 2 years from the
date of termination.
b. The second payment will be made 1 year from the
date of termination.
c. The third payment will be made at termination.
2. The one-third payment may be deposited tax free
into the employee deferred compensation (457)
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contributions has not been reached.
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ARTICLE 40
TAKE HOME VEHICLE PLAN
The City has agreed to a take home vehicle plan whi ch shall
include the following parameters:
A. An officer must have successfully completed his/her
probationary status with the Delray Beach Police
Department.
B. Officers must reside within Palm Beach or Broward
Counties in order to be eligible for a take home ve hicle.
Officers residing beyond a 15-mile radius of the ci ty
limits of Delray Beach will reimburse the City $15 a pay
period for auto related expenses.
C. The Police Department shall establish internal poli cies
and procedures for the assignment and use of take h ome
vehicles.
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ARTICLE 41
GRIEVANCE PROCEDURES
Section 1
The grievance procedures as described in Sections 2, 3 and
4, below, shall be used for the settlement of dispu tes between
the City and an aggrieved employee or group of empl oyees
involving the interpretation or application of this Agreement.
Section 2
Grievances shall be processed in accordance with t he
procedures outlined in this section. Any grievance not answered
by management in the time limits provided for in th is section
shall be determined to be denied and may be advance d to the next
higher step of the grievance procedure. Grievances of
disciplinary actions shall be processed in accordan ce with the
procedures outlined in Section 4.
Step 1 The aggrieved employee, or an PBA representative on
his or her behalf, shall submit a grievance in writ ing
and it shall be discussed with the aggrieved
employee's immediate supervisor and division/distri ct
commander within ten (10) working days of the
occurrence (or discovery thereof) which gave rise t o
the grievance. For the purpose of this article,
working days shall mean Monday through Friday,
excluding City holidays and weekends. A PBA grieva nce
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representative may be present to represent the
employee, if the employee desires him or her presen t.
The immediate supervisor and division/district
commander shall attempt to adjust the matter and/or
respond to the employee within five (5) calendar da ys.
Step 2 If the grievance has not been satisfactorily resol ved
in Step 1, the aggrieved employee and the PBA
representative, if the employee wishes his or her
assistance, shall present the written grievance to the
Police Chief within five (5) calendar days from the
time the supervisor's response was due in Step 1. The
Police Chief, or his or her designee shall meet wit h
the employee and the PBA representative, if the
employee wishes him or her present, within three (3 )
working days. The Chief, or his or her designee,
shall respond in writing within five (5) calendar d ays
from the day of the meeting.
Where a grievance is general in nature, in that
it applies to a number of employees having the same
issue to be decided, it shall be presented directly at
Step 2 of this grievance procedure, within the time
limits for the submission of a grievance in Step 1,
and shall be signed by the aggrieved employees, and /or
an PBA representative on the employees' behalf.
Grievances of a general nature shall be processed
within the time limits hereinabove provided unless
extended by mutual agreement in writing.
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Step 3 If the grievance has not been satisfactorily resol ved
in Step 2, and an appeal to the City Manager is
permitted pursuant to Section 4, the employee or th e
PBA if the employee elects PBA assistance, may pres ent
a written appeal to the City Manager within seven (7)
calendar days from the time the response was due fr om
the Police Chief in Step 2. The City Manager, or h is
or her designee, and any staff requested by the Cit y
Manager or his or her designee, shall meet with the
employee (and the PBA representative, if the employ ee
wishes him or her present), within five (5) working
days. The City Manager or his designee shall respo nd
in writing within seven (7) calendar days from the
date of the meeting.
Any grievance not processed in accordance with the time
limits provided above shall be considered conclusiv ely
abandoned.
Nothing contained in this article shall prevent any
employee covered by this Agreement from processing his/her
own grievance unassisted through the grievance proc edure up
to and including Step 3.
Step 4 If a grievance, as defined in this article, has no t
been satisfactorily resolved within the grievance
procedure, the PBA and only the PBA may request
arbitration for PBA members. Members of the
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bargaining unit who are not members of the PBA may
also request arbitration. The request for arbitrat ion
shall be in writing to the office of the City Manag er
no later than fifteen (15) calendar days after the
City Manager's response is due in Step 3 of the
grievance procedure.
Section 3
A. The arbitration shall be conducted under the
procedural rules of the Federal Mediation and
Conciliation Service unless in conflict with any
provisions set forth in this Agreement or unless
otherwise agreed to or provided for by the parties in
writing. Subject to the following, the arbitrator
shall have the jurisdiction and authority to decide a
grievance as defined in this article and to enforce
compliance with the terms and conditions of the
Agreement.
B. However, the arbitrator shall have no authority to
change, amend, add to, subtract from or otherwise
alter or supplement this Agreement or any part ther eof
or any amendment thereto.
C. The arbitrator shall have no authority to consid er or
rule upon any matter which is stated in this Agreem ent
not to be subject to arbitration, which is not a
grievance as defined in this article, or which is n ot
specifically covered by this Agreement.
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D. The arbitrator may not issue declaratory or advi sory
opinions and the arbitrator shall be confined
exclusively to the question which is presented, whi ch
question must be actual and existing.
E. Copies of the award of the arbitrator, made in
accordance with the jurisdictional authority under
this Agreement, shall be furnished to both parties in
writing within thirty (30) days of the hearing and
shall be final and binding upon both parties.
F. It is contemplated that the City and the employe e
shall mutually agree in writing as to the statement of
the matter to be arbitrated prior to the hearing, a nd
if this is done, the arbitrator shall confine his
decision to the particular matter thus specified. In
the event of the failure of the parties to so agree on
a statement of issue to be submitted, both the PBA (or
the employee, if not represented by the PBA) and th e
City shall submit a written statement of the grieva nce
and the arbitrator shall confine his consideration to
the written statement or statements submitted. Thi s
clause, however, shall not be construed to permit
either party to present issues through their writte n
statements that would not otherwise be subject to t he
grievance and arbitration provisions of this Contra ct.
G. Each party shall bear the expense of its own wit nesses
and its own representatives. The parties shall bea r
equally the expense of the impartial arbitrator. A ny
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party requesting a copy of the transcript of such
arbitration hearing shall bear the cost of same.
Section 4
A. Discipline involving oral or written reprimands or
suspensions without pay of three or less days may b e
processed through Step 2 of the grievance procedure .
The decision of the Police Chief or his designee is
final and binding on the parties.
B. Discipline involving suspensions without pay of four
or five days may be processed through Step 3 of the
grievance procedure. The decision of the City Mana ger
or his designee is final and binding on the parties .
C. Discipline involving suspensions without pay of six to
nine days may be processed through Step 3 of the
grievance procedure. The decision of the City Mana ger
or his designee may be appealed by the employee or the
PBA, if the employee elects PBA assistance. The
appeal shall be in writing and shall be filed with the
City Manager within seven (7) days of receipt by th e
employee of notice of the City Manager's decision a s a
result of Step 3 of the grievance procedure. The
appeal shall be reviewed by a five member review pa nel
composed of two members selected by the PBA, two
members selected by the City, and one member select ed
and agreed upon by the PBA and the City. The revie w
panel shall hold an evidentiary hearing during whic h
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the City and the employee may present witnesses and
other relevant evidence. The employee may be
represented by a non-lawyer PBA representative who is
an employee of the City, if the employee desires to be
represented. The non-lawyer PBA representative wil l
be permitted a reasonable period of on-duty time to
prepare for the evidentiary hearing. The City shal l
be represented by an Internal Affairs designee. Af ter
hearing the evidence, the review panel shall determ ine
by a majority vote whether the employee is guilty o f
the misconduct as charged. The review panel shall
have no authority to change the penalty previously
imposed. In this regard, the authority of the revi ew
panel shall be governed by the provisions of paragr aph
E5 in the same manner that they are applicable to a n
arbitrator. The decision of the review panel shall be
final and binding upon the parties.
D. Discipline involving discharge, suspension witho ut pay
of ten or more days, or disciplinary demotion, may be
processed through Step 3 of the grievance procedure .
The decision of the City Manager or his designee sh all
be subject to arbitration. The arbitration shall b e
handled in accordance with the procedures outlined in
Section 4E. Step 4 of the grievance procedure shal l
be followed except that the arbitrator shall be
selected as set forth in Section E2.
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E. Arbitration of disciplinary matters shall be han dled
as follows:
1. The provisions of Section 3 shall apply except a s
modified by Section 4E2-5.
2. Immediately following ratification of this
agreement and thereafter at the beginning of each
fiscal year, the City and the PBA shall mutually
select a pool of five potential arbitrators to
hear disciplinary cases. The arbitrator for any
given case shall be selected by each party
alternately striking the names of arbitrators
included in the pre-selected pool until one
arbitrator remains, who shall hear the case. The
employee shall make the initial strike.
3. The arbitration procedure shall be expedited suc h
that a hearing is held within thirty days of the
appeal and an award is issued within thirty days
following the conclusion of the hearing. If the
award is not issued within the thirty day time
period, the arbitrator's fee shall be reduced
proportionately to the number of days by which
the arbitrator's decision is untimely.
4. There shall be no post-hearing briefs unless bot h
parties agree prior to the hearing that post-
hearing briefs may be submitted.
5. The arbitrator shall not substitute his judgment
for that of the City as to the wisdom or the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
101
degree of severity of the disciplinary action
imposed, except as set forth in the last
paragraph of this article. The arbitrator's
inquiry shall be limited to the following:
(a) whether the City possessed evidence of the
misconduct before imposing the discipline
ultimately imposed;
(b) whether the employee is guilty of the
misconduct as charged;
(c) whether the discipline imposed is consistent
with that imposed upon other employees who
have committed the same or a similar offense
under the same or similar circumstances, and
who have similar disciplinary and employment
records. If the discipline imposed is more
severe than that previously imposed upon
employees who have committed the same or a
similar offense under the same or similar
circumstances, and who have similar
disciplinary and employment records, whether
the City notified employees of the change in
disciplinary policy prior to the occurrence
of the act being disciplined;
(d) whether the City has demonstrated upon the
record that it has considered the severity
of the punishment with regard to the nature
and severity of the offense, the
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
102
circumstances under which the offense was
committed, the employee's past disciplinary
and employment record, the length of the
employee's tenure with the City, and whether
the employee was under probation at the time
the offense was committed;
(e) whether the City has demonstrated upon the
record that the degree of punishment which
it has imposed was not selected at random or
without reason (arbitrary), and that the
degree of punishment did not arise from
caprice (arbitrary);
(f) whether the City has demonstrated on the
record that the degree of punishment which
it has imposed is consistent in that it is
not apt to change suddenly or unpredictably
(capricious), and is not inconsistent
(capricious);
(g) whether the City has demonstrated on the
record that the degree of punishment which
it has imposed is within that range of
punishment for the offense under the given
circumstances upon which reasonable men can
agree, notwithstanding that reasonable men
might disagree upon the specific punishment
imposed under the given circumstances.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
103
If the arbitrator finds that the City has complied
with (a) through (g), the discipline determined by the
City shall be upheld. However, if the arbitrator
finds that the City has not complied with (a) throu gh
(g), the arbitrator may determine the appropriate
level of penalty.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
104
ARTICLE 42
:25.(56¶ COMPENSATION
7KH&LW\DJUHHVIRU(PSOR\HHVZKRVXVWDLQZRUNHUV¶
compensation qualified injuries that the City will pay to such
Employees amounts necessary to bring such employees to current
full salary for ninety (90) calendar days and there after shall
pay salary/benefits to such employees in accordance with the
requirements of the Florida Statutes.
The ninety (90) calendar day status shall only com mence, as
needed, and at such time, as when an employee initi ates a need
for this supplemental payment due to continuing abs ence from
duty as caused by such injury.
Once the ninety (90) day period commences it shall be
available only from that day forward for ninety (90 ) consecutive
calendar days.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
105
ARTICLE 43
RETIREE INSURANCE
Section 1
T KH'HOUD\%HDFK3ROLFH2IILFHU¶V5HWLUHH,QVXUDQFH)XQG
³5HWLUHH,QVXUDQFH)XQG´ provides full or partial payments for
health insurance premiums and other benefits on beh alf of former
bargaining unit employees of the City who separated from
employment on or after October 1, 2004. All eligib ility
requirements and benefits provided will be determin ed solely by
the Board of Trustees of the Retiree Insurance Fund .
Section 2
For fiscal years 2011-2012, and 2012-2013, the City shall
contribute to the Retiree Insurance Fund, on or bef ore December
31 of each of those fiscal years, an amount equal t o the
benefits to be paid by the Retiree Insurance Fund t o those
former employees of the City eligible to receive a benefit from
the Retiree Insurance Fund for the 2012 and 2013 ca lendar years.
During those specified fiscal years, the requiremen ts for
eligibility to receive a benefit from the Retiree I nsurance Fund
and the amount of benefit to be paid by the Retiree Insurance
Fund shall not be modified by the Board of Trustees of the
Retiree Insurance Fund. During those specified fis cal years,
the Retiree Insurance Fund shall provide to the Cit y, on or
before December 1 of each specified fiscal year, a list of
former employees eligible to receive a benefit from the Retiree
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
106
Insurance Fund along with the amount of benefit to be paid to
HDFKIRUPHUHPSOR\HH7KH&LW\¶V contribution shall equal the
total of all benefits to be paid to retired police officers and
sergeants during each of the 2012, and 2013 calenda r years.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
107
ARTICLE 44
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIE S
The parties acknowledge and agree that during the
negotiations which resulted in this Agreement, each had the
unlimited right and opportunity to make demands and proposals
with respect to any subject or matter included by l aw within the
area of collective bargaining and that all the unde rstandings
and agreements arrived at by the parties after the exercise of
that right and opportunity are set forth in this Ag reement.
Therefore, the City and the P.B.A., for the life o f this
Agreement, each voluntarily and unqualifiedly waive s the right
to require further collective bargaining with respe ct to any
subject matter referred to or matter covered in thi s Agreement
or considered by the parties during collective barg aining
negotiations resulting in this Agreement, subject t o impact
bargaining, if any be lawfully required, and each a gree that the
other shall not be obligated to bargain collectivel y with
respect to any matter or subject not specifically r eferred to or
covered by this Agreement, whether or not such matt ers have been
discussed, even though such subjects or matters may not have
been within the knowledge or contemplation of eithe r or both
parties at the time that they negotiated or signed this
Agreement.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
108
This Agreement contains the entire contract, under standing,
undertaking, and agreement of collective bargaining for and
during its term.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
109
ARTICLE 45
SEVERABILITY AND WAIVER
Section 1
Should any section or provision of this Agreement or any
portion thereof, any paragraph, sentence, or word b e declared by
a court or agency of competent jurisdiction to be u nlawful and
unenforceable, such decision of the court or agency shall apply
only to the specific section or provision or portio n thereof,
directly specified in the decision and shall not af fect the
validity of the remainder hereof as a whole or part thereof,
other than the part declared to be unlawful and une nforceable.
Upon the issuance of such decision, the parties agr ee to
immediately negotiate a substitute, if possible, fo r the
invalidated section or portion thereof.
Section 2
The exercise or non-exercise of the rights covered by this
Agreement by the City or the P.B.A., except as to t he notice
provisions of Article 46, concerning Duration, Modi fication, and
Termination, shall not be deemed to waive any such right or the
right to exercise them in the future.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
111
ARTICLE 47
AMENDMENTS
This Agreement may be amended at any time on mutua l consent
of both parties, but no such attempted amendment sh all be of any
force or effect until placed in writing and execute d by both
parties hereto.
CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010 -2013
112
ARTICLE 48
EXECUTION OF AGREEMENT
Agreed to this ______ day of October, 2011, by and between the
respective Parties through their authorized represe ntatives.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
___________________________ By:______________________________
City Clerk ± Chevelle Nubin City Manager ± David T. Harden
Approved as to form and
legal sufficiency:
___________________________
City Attorney ± Brian Shutt
Dated this ________ day of October, 2011.
ATTEST: POLICE BENEVOLENT ASSOCIATION
_________________________ By:___________________________
Bruce Koeser John Kazanjian, President
Human Resources Director
_______________________________
Gary Lippman, General Counsel
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:David T. Harden, City Manager
DATE:September 28, 2011
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
WAIVER REQUEST/ DECK 84
ITEM BEFORE COMMISSION
The action requested of the City Commission is appr oval of a waiver to LDR Section 4.4.13(F)(4)(a)2.,
to reduce the required front setback from five feet (5’) to eight inches (8”), to allow for the installation
of a support column and knee wall associated with n ew sliding glass doors in the same location as the
existing windows.
BACKGROUND
At its meeting of September 21, 2011, the Historic Preservation Board (HPB) approved with conditions
a Certificate of Appropriateness (COA) and Class I Site Plan Modification for elevation changes on the
front and rear facades of Deck 84. The HPB consider ed this waiver request concurrently with the COA
and Site Plan requests and recommended approval on a vote of 7-0. The alterations on the front façade
involves the replacement of the existing fixed wind ows with sliding glass doors and the installation o f a
framing support column which will encroach into the five foot (5’) front setback.
WAIVER ANALYSIS
Pursuant to LDR Section 2.4.7(B)(5), prior to grant ing a waiver, the approving body shall make a
finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area ;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privi lege in that the same waiver would be granted under
similar circumstances on other property for another applicant or owner.
Request:
Pursuant to LDR Section 4.4.13, (F)(4)(a)2, Central Business District, Development Standards,
Building Frontage, the minimum front setback for bu ildings with nonresidential uses on the ground
floor is five feet. The proposed support column for the sliding doors is within the required five foo t (5’)
setback area, as it is located approximately eight inches (8”) from the front property line. This
encroachment is the same as the encroachment of the existing fixed windows.
In consideration of the above, (a) the granting of the waiver request will not adversely affect the
surrounding commercial area, which may benefit from the additional interaction along the streetscape;
(b) the granting of the waiver request will not dim inish or impact public facilities as the improvemen t
will not encroach on the public right of way and ma y enhance the public sidewalk area as the doors wil l
be able to open up and create an indoor/outdoor atm osphere among the sidewalk pedestrians and the
restaurant patrons, as occurs further west along At lantic Avenue; (c) an unsafe situation will not be
created by the proposed improvements as they are as sociated with sliding doors, which will not
encroach into the right of way; and, (d) the granti ng of the waiver request will not result in a speci al
privilege in that the encroachment is minimal, alre ady exists, does not span the entire building and i s
contained within the existing awning. Further, a po rtion of the building already exists within the
required setback area and this will infill this enc roachment. Based on the above, positive findings ca n be
made with respect to the waiver request and reducti on of the front setback from five feet (5’) to eight
inches (8”).
RECOMMENDATION
Approve the waiver to LDR Section 4.4.13, (F)(4)(a)2, to reduce the front setback from five feet (5’) to
eight inches (8”) to allow a support column on a knee wall, based upo n positive findings with respect to
the LDR Section 2.4.7(B)(5).
1
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR DECK 84
840 EAST ATLANTIC AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver request has come before the City Commissi on on October 4,
2011. The waiver request is to reduce the required f ront setback from five feet (5’) to
eight inches (8”) to allow for the installation of a su pport column and knee wall
associated with new sliding glass doors.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the wai ver request for Deck 84. All of
the evidence is a part of the record in this case.
I. Waiver . Pursuant to LDR Section 2.4.7(B)(5), prior to gran ting a waiver,
the approving body shall make a finding that the gran ting of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation; and
(d) does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on ot her
property for another applicant or owner.
Front Setback . Per LDR Section 4.4.13(F)(4)(a)2, the minimum fron t
setback for buildings with nonresidential uses on the grou nd floor is five feet. The
proposed support column for the sliding doors is proposed within the required five foot
(5’) setback area, as it is located approximately eight i nches (8”) from the front property
line. The encroachment will align with a similar encro achment of the existing fixed
windows.
Should a waiver to Section 4.4.13(F)(4)(a)2 be gran ted?
Yes__________ No________
2
3 The City Commission has applied the Comprehensive Pl an and LDR
requirements in existence at the time the original site plan was submitted.
4. The City Commission finds there is ample and compete nt substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff r eports, testimony of experts and other
competent witnesses which supports the findings set forth in this Order.
5. Based on the entire record before it, the City Co mmission approves ____
denies ____ the waiver requests and hereby adopts this O rder this 4th day of October,
2011, by a vote of _____ in favor and ______ opposed .
________________________________
ATTEST: Nelson S. McDuffie, Mayor
________________________________
Chevelle Nubin, City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:September 30, 2011
SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
CONSIDERATION OF AN APPEAL OF THE HPB'S DECISION/85 S.E. 6TH AV ENUE/CLASS
III SITE PLAN MODIFICATION
ITEM BEFORE COMMISSION
The action requested of the City Commission is cons ideration of an appeal of the Historic Preservation
Board’s (HPB) decision made on August 21, 2011. The HPB’s motion to approve the Class III Site Plan
Modification at 85 SE 6th Avenue failed on a 0-5 vote, based upon findings that the request was
inconsistent with the Comprehensive Plan and did no t meet the criteria set forth in the Land
Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary
of the Interior’s Standards for Rehabilitation.
BACKGROUND
At its meeting of August 16, 1995, the HPB approved a COA for two (2) of the three (3) on-site
buildings including the conversion of the Blank Hou se from single-family residence to retail use
(Building A), the conversion of a garage to office use and addition of a second story residential
apartment (Building B), and the construction of a n ine-space, pea-rock parking area off of SE 1st Street.
The third building (Building C) was, and remains, a multi-family residence. The single family residence
(Building A) was subsequently converted to retail u se and the garage was converted to office use.
Building permits were not obtained for the conversi on of the garage nor was the parking area required
for this conversion ever installed. As a result, th e office use was never legally established.
In October of 1995, the retail use (Building A) was legally converted to restaurant use and the second
floor to a storage area.
Between 1995 and 2004 as the illegal status of the office use continued to surface, Site Plan
Applications were submitted and approved for the co nversion of use with associated parking
improvements. Each application was allowed to expir e and none of the required improvements were
ever constructed. The latest approval of August 3, 2004 permitted the applicant to pay for two (2)
parking spaces and included installation of the bal ance of required spaces on site (a total of four ne w
spaces just south of the City’s public parking lot and retention of three existin g spaces off the alley on
the east side of the property). As with previous ap provals, no improvements were constructed, no
payments of in-lieu of parking fees were made, and the approvals expired.
At its August 21, 2011 meeting, the HPB reviewed ye t another attempt after 16 years to address the
office conversion. This request was to waive all re quired parking (6 spaces) associated with the Class III
Site Plan Modification for the office space. This r equest was not supported and the appeal of both the
denial of the waiver (separate Commission item) and this Class III Site Plan Modification are now
before the City Commission.
If the Class III Site Plan Modification is approved by City Commission, the approval should include th e
following conditions:
1. That a traffic statement be provided;
2. That a current floor plan be submitted;
3. That compliance with handicap accessibility with in the office space be indicated; and,
4. That a decorative bicycle rack be provided on-si te.
REVIEW BY OTHERS
The Community Redevelopment Agency (CRA) considered the subject request at its March 10, 2011
meeting, where they recommended denial of the waive r to the required parking. The Board also
requested that the item return for further review w hen “a solution is worked out.”
The Downtown Development Authority (DDA) considered the subject request at its March 14, 2011
meeting, where the Board unanimously recommended to “decline” the request to waive all six (6) of the
required spaces. Direction was given to the applica nt to work out an alternative approach with Staff, and
return to the DDA for further review.
The Parking Management Advisory Board (PMAB) consid ered the subject request at its June 28, 2011
meeting, where a recommendation to deny the request as presented. The Board suggested that the
applicant work with Staff and accommodate three (3) spaces on site and provide the balance either
through an off-site parking agreement, or via the i n-lieu of parking fee.
RECOMMENDATION
Deny the appeal, thereby upholding the Historic Pre servation Board’s action of denial.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of the denial of the Historic Preservat ion Board’s August 21,
2011 decision denying the Certificate of Appropriatene ss, Class III Site Plan
Modification, and wavier of required parking spaces at 85 SE 6 th Avenue has come
before the City Commission on October 4, 2011.
2. The Appellee and City staff presented documentary evidence and
testimony to the City Commission pertaining to the Hist oric Preservation Board’s August
21, 2011 decision denying the Certificate of Appropria teness, Class III Site Plan
Modification, and wavier of required parking spaces at 85 SE 6 th Avenue. All of the
evidence is part of the record in this case. Required f indings are made in accordance
with Subsection I.
I. LDR REQUIREMENTS
A. Certificate of Appropriateness
1. Findings : Pursuant to Section 2.4.6(H)(5), prior to approva l, a
finding must be made that any Certificate of Appropri ateness which is to be approved is
consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land
Use Element of the Comprehensive Plan (attached as Exhi bit “A”) and specifically with
provisions of Section 4.5.1, the Delray Beach Historic Pr eservation Design Guidelines
(attached as Exhibit “B”) and the Secretary of the Int erior’s Standards for Rehabilitation
(attached as Exhibit “C”).
Is the Certificate of Appropriateness consistent wi th Historic Preservation
as detailed in the Comprehensive Plan, the Land Dev elopment Regulations,
and the Secretary of the Interior’s Standards for r ehabilitation?
Yes ______ No ______
B. Class III Site Plan Modification
1. Pursuant to LDR Section 2.4.5(G)(1)(c), a Class III site plan
modification is a modification to a site plan which rep resents either a change in intensity
of use, or which affects the spatial relationship among improvements on the land,
2
requires partial review of Performance Standards found in Sections 3.1.1 and 3.2.3, and
the required findings of Section 2.4.5(G)(5).
2. Pursuant to LDR Section 2.4.5(G)(5), modificatio ns to Site Plans
and Development Plans, the approving body must make a finding that the proposed
changes do not significantly affect the originally approved plan must be made
concurrent with approval of a class III modification.
Pursuant to LDR Section 4.4.13, CBD Zoning Regulatio ns (B)(2),
Principal Uses and Structures Permitted, Business, Professional and Medical Uses
including but not limited to interior decorating, me dical and dental clinics, medical and
dental laboratories, photographic studios, printing and publishing, business, medical
and professional offices.
Are these requirements met by the conversion of a g arage to office use?
Yes _______ No _______
3. The City Commission has applied the LDR requiremen ts in existence at
the time the original site plan was submitted.
4. The City Commission finds there is ample and compete nt substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff r eports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Co mmission approves ___
denies ____ the appeal and hereby adopts this Order th is 4th day of October, 2011, by
a vote of _____ in favor and ____ opposed.
ATTEST: ________________________________
Nelson S. McDuffie, Mayor
________________________________
Chevelle Nubin
City Clerk
EXHIBIT “A”
Objective A-4
The redevelopment of land and buildings shall provide for the preservation of historic
resources. The objective shall be met through continued a dherence to the City’s Historic
Preservation Ordinance and the following policies:
Policy A-4.1 Prior to approval or recommending approval of any land use or
development application for property located within a historic district or designated as a
historic site, the Historic Preservation Board must make a finding that the requested
action is consistent with the provisions of Section 4.5.1 of the Land Development
Regulations relating to historic sites and districts and th e “Delray Beach Design
Guidelines”.
Policy A-4.2 In order to protect the City’s historic resources, the L and Development
Regulations shall include provisions for designation of h istorically significant buildings,
structures, archaeological sites, or districts. The City shal l conduct periodic
neighborhood surveys to identify and evaluate potent ial historic resources.
4.5 - 4
"B" ARTICLE 4.5
ARTICLE 4.5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS
The Districts described in this Article do not esta blish uses or categorize uses. These
Districts, however, do regulate allowable uses in a manner to mitigate adverse
impacts of such uses upon the natural or man-made e nvironment; or regulate
development so as to mitigate potential dangers to the use of such developed land,
or to otherwise implement policies and objectives o f the Comprehensive Plan.
Overlay and environmental management districts need not be shown on the Official
Zoning Map.
Section 4.5.1 Historic Preservation Sites and Districts:
(A) General: In recognition of findings as set forth in the ori ginal enactment of
Ordinance 13-87, passed March 10, 1987, this Sectio n is created in order to provide for
the identification, preservation, protection, enhan cement, perpetuation, and the use of
districts, archeological sites, buildings, structur es, improvements, and appurtenances
that are reminders of past eras, events, and person s important in local, state, and
national history; that provide significant examples of architectural styles of the past; that
are unique and irreplaceable assets to the City and its neighborhoods; or that provide
this and future generations with examples of the ph ysical surroundings in which past
generations lived; and other purposes.
(B) Criteria for Designation of Historic Sites or Distr icts:
(1) To qualify as a historic site, historic district, h istoric structure, or historic
interior, individual properties, structures, sites, or buildings, or groups of properties,
structures, sites, or buildings must have significa nt character, interest, or value as
part of the historical, cultural, aesthetic, and ar chitectural heritage of the city, state,
or nation. To qualify as a historic site, historic district, or historic structure, the property or
properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to
qualify as a historic interior the interior must fu lfill one or more of the criteria set forth in
division (2) and meet the criteria set forth in div isions (3)(b) and (3)(d). [Arnd• Ord. 38-
07 215108]
(2) A building, structure, site, interior, or district will be deemed to have
historical or cultural significance if it meets one or more of the following criteria:
(a) Is associated in a significant way with the life or activities of a major
person important in city, state, or national histor y (for example, the
homestead of a local founding family);
(b) Is the site of a historic event with significant ef fect upon the city,
4.5 - 5
state, or nation;
(c) Is associated in a significant way with a major his toric event, whether
cultural, economic, social, military, or political;
4.5 - 6
SECTION 4.5.1 (B) (2) (d)
(d) Exemplifies the historical, political, cultural, ec onomic, or social trends
of the community in history; or,
(e) is associated in a significant way with a past or c ontinuing institution
which has contributed substantially to the life of the city.
(3) A building, structure, site, or district is dee med to have architectural or
aesthetic significance if it fulfills one or more o f the following criteria; except that to
qualify as a historic interior, the interior must m eet the criteria contained within divisions
(3)(b) and (3)(d):
(a) Portrays the environment in an era of history chara cterized by one or
more distinctive architectural styles;
(b) Embodies those distinguishing characteristics of an architectural style,
period, or method of construction;
(c) Is a historic or outstanding work of a prominent ar chitect, designer,
landscape architect, or builder; or
(d) Contains elements of design, detail, material, or c raftsmanship of
outstanding quality or which represented, in its ti me, a significant
innovation or adaptation to the South Florida envir onment.
(4) A building, structure, site, interior, or distr ict will be deemed to have historic
significance if, in addition to or in the place of the previously mentioned criteria, the
building, structure, site, or zone meets historic d evelopment standards as defined by
and listed in the regulations of and criteria for t he National Register of Historic Places,
as prepared by the United States Department of the interior under the Historic
Preservation Act of 1966, as amended. A copy of the se standards for the National
Register is made part of this section as if fully s et forth herein.
(C) Designation Procedures:
(1) Buildings, structures, archaeological sites, or dis tricts which meet the
criteria for historic sites or districts set forth in Section 4.5.1(8) may be designated as
historic sites or districts, and may be listed on t he Local Register of Historic Places.
(2) Nominations for historical site or district designa tion shall be made to the
Historic Preservation Board on an application form developed and approved by the
Board.
(a) Nominations for historic site status may be ini tiated by:
(1) The Historic Preservation Board;
(2) The City Commission; or
4.5 - 7
SECTION 4.5.1 (C) (2) (a) (3)
(3) The property owner.
(b) Nominations for historic district status may be initiated by:
(1) The Historic Preservation Board; or
(2) The City Commission.
(3) The Board shall conduct a preliminary evaluation of the
information provided on each nomination application to determine if it generally
conforms with historic status criteria. The Board s hall then prepare a designation report
which shall contain the following: [Amd. Ord. 30 -91 3/26/91]
(a) Proposed legal boundaries of the historic building, archaeological site,
structure, or district; [Amd. Ord. 30 -91 3/26/91]
(b) any proposed conditional zoning regulations designe d to replace or
complement existing zoning regulations with regard to, but not limited
to use, floor area, density, height, setbacks, park ing, and minimum lot
size; [Mid. Ord. 30-91 3/26/91]
(c) Analysis of the historic significance and character of the nominated
property; and [Amd. Ord. 30 -91 3/26/91]
(d) analysis of optional historic interiors for those b uildings and structures
with interior features of exceptional architectural , aesthetic, artistic, or
historic significance. [Amd. Ord. 30 -91 3/26/91]
(4) Upon completion and formal review of the report, th e Board shall set a
public hearing on each proposed designation. Notice of said hearing shall be made to
the owner of affected property at least ten days pr ior to the hearing by regular mail.
Additional notice shall be given in the same manner as provided for a rezoning action
[see Section 2.4.2(B)(1)(b)] and by notice publishe d in the newspaper at least ten days
prior to the hearing, provided, however, posting pu rsuant to 2.4.2(B)(1)(b) is not
required. [Amd. Ord. 78-04 1118/05]; [Amd. Ord. 30-91 3/26/91 ]
DELETED (5) AND RENUMBERED [Amd. Ord. 24 -05 4/19/05]
(5) After conducting the public hearing, if the Histori c Preservation Board finds
that the nomination fulfills the proper designation criteria and all procedures have been
followed correctly, it shall vote on the designatio n. A majority of the entire Board,
present and voting, must act in the affirmative to transmit the nomination and the
Board's findings to the City Commission. The City C ommission shall consider the
recommendation through its standard ordinance adopt ion procedures, except that at
least three affirmative votes of the City Commissio n is necessary to make a
designation. In the event that a directly affected property owner objects to the historic
designation, the Commission approval shall require a super majority vote of four votes.
[Amd. Ord. 24-05 4/19/05]; [Amd. Ord. 30-91 3/26/91 ]
SECTION 4.5.1 (C) (6)
4.5 -8
(6) After conducting the public hearing, if the Histori c Preservation Board does
not find that the request fills the criteria, no fu rther action will be required and the
request will be deemed denied. However, an appeal m ay be filed and processed
pursuant to Section 2.4.7(E). (Arad. Ord. 24-05 4/1 9/05]; [Amd. Ord. 30-91 3126191]
(7) The Board will issue an official "certificate of hi storic significance" to the
owner of properties listed individually on the loca l historic register or judged as
contributing to the character of a historic distric t listed on the local historic register. The
Director acting as City Preservation Officer, or hi s appointee, is authorized to issue and
place official signs denoting the geographic bounda ries of each historic district listed in
the local historic register. [Amd. Ord. 24-05 4/191 05]; [Amd. Ord. 30-91 3/26/91]
(D) Review and Approval Procedures: Once property is placed within a Historic
District or designated as a Historic Site no develo pment order shall be issued without
first obtaining a Certificate of Appropriateness (C .O.A.) pursuant to Section 2.4.6(J)
from the Historic Preservation Board. Obtaining a C .O.A. is required in addition to any
other process which is required for the development application.
(E) Development Standards: AU development regardless of use within individual ly
designated historic properties and/or properties lo cated within historic districts, whether
contributing or noncontributing, residential or non residential, shall comply .with the
goals, objectives, and policies of the Comprehensiv e Plan, these regulations, the Delray
Beach Historic Preservation Design Guidelines, and the . Secretary of the Interior's
Standards for Rehabilitation. [Amd. Ord. 38-07 215/08]
(1) Exterior Architectural Features. For the purpose of this Section, exterior
architectural features shall include, but not be li mited to the following: [Amd. Ord. 38-07
2/5/08]
(a) The architectural style, scale, general design, and general arrangement
of the structure's exterior;
(b) The type and texture of building material; and
(c) The type and style of all roofs, windows, doors, an d signs.
(2) Major and Minor development: For purposes of this section, major and
minor development standards shall be applied as not ed in the following table: [Amd.
Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (2)
4,9 - 5
ci$ .,77 ."-t3:',43:1 -.-,,,
-.6:1 , , Ps. _ tg t iNtiij§
.:- n Aaiun
, .,?
. •. 4 ..,.
Mr 7 VrW r•.=:.7 :
raDig0i .----•
,n-,---- •:a
-,--., ,
,,,
• ..... 150119 ., 19 Cgi r tif OAVNY -
• ' .N11.--.•`_•! ,..13:‘Ls rid64ifitai?) f: .;Gf.ziiirKrff
..,..... - .- tw .... .ti
-,-- --.-
,,I,;•,..s
t ,K.: . .11 -61345),47t. Aw err,. , *10: oft -04.- ver 2
CBD & CF Multi-Famil Minor Minor Mi.-Jr.:7 Minor 11:715 -,T
Non-Residential Min(: -Minor i: Minor Minry
R-I -A, R-I -AA,
RD, OSSHAD,
RL, & RM,
Single Family/Duplex :t' a' Minor - 1 7) Minor --ti 4 ----
Multi-Family ',.,.. .f. '6. Minor 4 :Jo r Minor e.-iZ4iirr:fili:ribr -
Non-Residentiat Minor i•tAi63101. Minor ' - ,-,tkW'
Notes:
1. All development on individually designated properti es in all zoning districts is Minor
2. All development on properties in the OSSHAD distric t which are subject to CBD regulations pursuant to Section
4.4.24(B) (12) is Minor.
(a) For the purposes of this section, "residential" includes single family,
duplexes and multifamily in all historic districts and all development,
regardless of use, in the Residential Office (RO) z oning district. [Amd.
Ord. 38-07 2/5108]
(b) Major development shall be considered: [Amd. Or d. 38-07 2/5/08]
1. New construction in all historic districts except C BD and CF zoned
properties and properties zoned OSSHAD subject to C BD design
guidelines; or , [Amd. Ord, 38-07 2/51081
2. The construction, reconstruction, or alteration of in excess of
twenty-five percent (25%) of the existing floor are a of the building,
and all appurtenances, except for properties zoned CBD or CF and
properties zoned OSSHAD subject to CBD design guide lines. For
purposes of this section, all limitations and regul ations shall be
reviewed in a cumulative manner from the date of pa ssage of this
ordinance in 2008; or, [Amd. Ord. 38-07 215/08]
3. The construction, reconstruction, or alteration of any part of the
front façade of an existing contributing residentia l or non-residential
structure and all appurtenances, except for propert ies zoned CBD
or CF and properties zoned OSSHAD subject to CBD de sign
guidelines. For purposes of this section, all limit ations and
regulations shall be reviewed in a cumulative manne r from the date
of passage of this ordinance in 2008. [Amd. Ord. 38 -07 2/5/08]
(c) Minor development shall be considered: [Amd, Ord. 3 8-07 2/5/08]
1. All new construction in all historic districts o n property zoned CBD
and CF as well as all properties in the OSSHAD zone d district
subject to the CBD design guidelines; or, [Amd. Ord . 38-07
2/5/08]
SECTION 4.5.1 (E) (2) (c) 2.
4.5 - 10
2. All modifications to existing contributing and nonc ontributing
structures in all historic districts on property zo ned CBD and CF as
well as all properties in the OSSHAD zoning distric t subject to the
CBD Design Guidelines; or, [Amd. Ord. 38-07 215/08]
3. The construction, reconstruction, or alteration of any part of the
front façade of an existing noncontributing residen tial or non-
residential structures and all appurtenances; or, [Amd. Ord. 38-07
2/5/08]
4. The construction, reconstruction, or alteration of less than twenty-
five percent (25%) of the existing floor area of th e building and all
appurtenances. For purposes of this section, all li mitations and
regulations shall be reviewed in a cumulative manne r from the date
of passage of this ordinance in 2008. [Amd. Ord. 38 -07 2/5/08]
5. Any changes to Individually Historically Designated properties,
whether already on site or newly designated, to hel p facilitate the
move of a historic structure into a historic distri ct. [Amd. Ord. 38-07
215108]
(3) Buildings, Structures, Appurtenances and Parking. Buildings,
structures, appurtenances and parking shall only be moved, reconstructed, altered, or
maintained, in accordance with this chapter, in a m anner that will preserve the historical
and architectural character of the building, struct ure, site, or district: [Amd. Ord. 38-07
215/08]
DELETED (a) AND RELE7TERED [Amd. Ord. 38-07 2/5/08]
(a) Appurtenances: Appurtenances include, but are not limited to, sto ne
walls, fences, light fixtures, steps, paving, sidew alks, signs, and
accessory structures. [Amd. Ord. 38-07 2/5/08]
1. Fences and Walls: [Amd. Ord. 38-07 2/5/08]
a. Chain-link fences shall be clad in a green or bl ack vinyl and
shall only be used in rear yards, or where they are not visible
from the street. [Amd. Ord. 38-07 2/5/08]
Swimming pool fences shall be designed in a manner that
integrates the layout with the lot and structures w ithout
exhibiting a utilitarian or stand-alone appearance. [Amd. Ord.
38-07 2/5/08]
c. Fences and walls over four feet (4') shall not b e allowed in front
or side street setbacks. [Amd. Ord. 38-07 2/5/08]
SECTION 4.5. 1 (E) (3) (a) 1. d.
4.5 - 11
d. All other provisions in Section 4.6.5 shall ap p ly. [Amd. Ord. 38-
07 2/5/08]
2. Garages and Carports: [Amd. Ord. 38-07 2/5108]
a. The following compatibility standards shall appl y for major
development, where applicable: [Amd. Ord. 38-07 2/5 /08]
i. Garages and carports are encouraged to be oriented and
entered from the side or rear and out of view from the
public right of way. However, if this is not possib le, the
orientation of garages and carports shall be consis tent with
the majority of such structures within the district . [Amd.
Ord. 38-07 2/5/08]
ii. Garage doors should be designed to be compatible wi th
the architectural style of the principal structure and include
individual openings for vehicles rather than two ca r
expanses of doors. Metal two car garage doors are
discouraged. [Amd. Ord. 38-07 2/5/08]
(b) Parking: [Amd. Ord. 38-07 2/5/08]
1. Where feasible, alternative methods of meeting m inimum parking
standards contained in Sections 4.6.9(C)(8) and/or 4.6.9(E), as
applicable, shall be explored to avoid excessive us e of historic
properties and/or properties located in historic di stricts for parking.
Parking lots shall strive to contribute to the hist oric nature of the
properties/districts in which they are located by u se of creative
design and landscape elements to buffer parking are as from
historic structures. At a minimum, the following op tions shall be
considered: [Amd. Ord. 38-07 2/5/08]
a. Locate parking adjacent to the building or in the r ear. [Amd.
Ord. 38-07. 2/5/08]
b. Screen parking that can be viewed from the public r ight-of-way
with fencing, landscaping, or a combination of the two pursuant
to Section 4.6.5. [Amd. Ord. 38-07 2/5/08]
c, Utilize existing alleys to provide vehicular acc ess to sites.
[Amd. Ord. 38-07 215/08]
d. Construct new curb cuts and street side driveway s only in
areas where they are appropriate or existed histori cally. [Amd.
Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (3) (b) 1.
4.5 - 12
e. Use appropriate materials for driveways, such as co ncrete
poured in ribbons. [Amd. Ord, 38-07 2/5/08]
f. Avoid wide driveways and circular drives. [Amd. Ord . 38-07
2/5/08]
2. Waivers may be granted by the Historic Preservat ion Board for
relief from the number of parking spaces required i n Section 4.6.9
upon presentation of confirmation that adequate par king for a
proposed use may be achieved by alternate means whi ch are
found to be in keeping with the provisions and inte nt of the Delray
Beach Historic Preservation Design Guidelines. [Amd . Ord. 38-07
2/5/08]
(4) Alterations. In considering proposals for alterations to the ex terior of
historic buildings and structures and in applying d evelopment and preservation
standards, the documented, original design of the b uilding may be considered, among
other factors. [Amd. Ord. 38-07 215/08]
(5) Standards and Guidelines. A historic site, building, structure,
improvement, or appurtenance within a historic dist rict shall only be altered, restored,
preserved, repaired, relocated, demolished, or othe rwise changed in accordance with
the Secretary of the Interior's Standards for Rehabi litation, and the Delray Beach
Historic Preservation Design Guidelines, as amended from time to time. [Amd. Ord. 3807
2/5108]
(6) Relocation. Relocation of historic buildings and structures to other sites
shall not take place unless it is shown that their preservation on their existing or original
sites is not consistent with the purposes of this S ection or would cause undue economic
hardship to the property owner. [Amd. Ord. 38-07 2/5/08]
(7) Demolition. Demolition of historic or archaeological sites, or buildings,
structures, improvements, and appurtenances within historic districts shall be regulated
by the Historic Preservation Board in the manner de scribed in Section 4.5.1(F).
Demolition of any structure, whether contributing o r non-contributing, shall not occur
until a building permit has been issued for the HPB approved redevelopment. All
structures approved for demolition and awaiting iss uance of a building permit for the
redevelopment shall be maintained in a manner simil ar to that in which it existed at time
of application unless the Chief Building Official d etermines that an unsafe building
condition exists in accordance with Section 4.5.1(n). [As d. Ord, 38-07 2/5/08]; [Amd.
Ord. 55-07 1/15/08]
DELETED (7) AND RENUMBERED [Amd. Ord. 3B -07 2/5/08]
4.5 -9
SECTION 4.5.1 (E) (8)
(8) Visual Compatibility Standards. New construction and all improvements
to both contributing and noncontributing buildings, structures and appurtenances
thereto within a designated historic district or on an individually designated property
shall be visually compatible. In addition to the Zo ning District Regulations, the Historic
Preservation Board shall apply the visual compatibi lity standards provided for in this
Section with regard to height, width, mass, scale, facade, openings, rhythm, material,
color, texture, roof shape, direction, lot coverage , and square footage, and other criteria
set forth elsewhere in Section 4.5.1. Visual compat ibility for minor and major
development as referenced in Section 4.5.1(E)(2) sh all be determined by utilizing
criteria contained in (a)-(m) below. Visual compati bility for all development on
individually designated properties outside the dist rict shall be determined by
comparison to other structures within the site. [Am d. Ord. 38-07 2/5/081
(a) Height: The height of proposed buildings or modifications shall be
visually compatible in comparison or relation to th e height of existing
structures and buildings in a historic district for all major and minor
development. For major development, visual compatib ility with respect
to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall
also be determined through application of the follo wing: [Amd. Ord. 38-
07 2/5/081
Building Height Plane (BHP): The building height plane technique
sets back the overall height of a building from the front property
fine. [Amd. Ord. 38-07 2/5/081
a. The building height plane line is extended at an in clined angle
from the intersection of the front yard property li ne and the
average grade of the adjacent street along the lot frontage.
The inclined angle shall be established at a two to one (2:1)
ratio. See illustration below. [Amd. Ord. 38-07 2/5 /08]
BUILDING HEIGHT PLANE
AT 2C1 RATIO
b. A structure relocated to a historic district or to an individually
designated historic site shall be exempt from this requirement.
[Amd. Ord. 38-07 2/5/081
NO BUILD
ZONE
r -•
of
ai
REAR
SETBACK
4.5 - 6
SECTION 4.5.1 (E) (8) (a) 2.
2. First Floor Maximum Height: [Amd. Ord. 38-07 2/5 /08]
a. Single-story or first floor limits shall be esta blished by: [Arnd.
Ord. 38-07 2/5/08]
Height from finished floor elevation to top of beam (tie or
bond) shall not exceed fourteen feet (14'). [Amd. O rd, 38-
07 215108]
ii. Mean Roof Height shall not exceed eighteen feet (18').
[Amd. Ord. 38-07 2/5/08]
iii. Any portion exceeding the dimensions described in i . and ii
above shall be considered multi-story structures. [Amd.
Ord. 38-07 2/5/08]
iv. See illustration. below: [Amd. Ord. 38-07 2/5/08]
v. Sections i. and ii., above may be waived by the His toric
Preservation Board when appropriate, based on the
architectural style of the building. [Amd. Ord. 38-07
2/5/08]
3. Upper Story Height: tAmd. Ord. 38-07 2/5/08]
a. Height from finished floor elevation to finished floor elevation or
top of beam (tie or bond) shall not exceed twelve f eet (12').
[Amd. Ord. 38-07 215108]
(b) Front Facade Proportion: The front facade of each building or
structure shall be visually compatible with and be in direct relationship
to the width of the building and to the height of t he front elevation of
other existing structures and buildings within the subject historic district.
[Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (8) (c)
(c) Proportion of Openings (Windows and Doors): The openings of any
building within a historic district shall be visual ly compatible with the
openings exemplified by prevailing historic archite ctural styles of similar
buildings within the district. The relationship of the width of windows
and doors to the height of windows and doors among buildings shall be
visually compatible within the subject historic dis trict. [Amd. Ord. 38-07
2/5/08]
(d) Rhythm of Solids to Voids: The relationship of solids to voids of a
building or structure shall be visually compatible with existing historic
buildings or structures within the subject historic district for all
development, with particular attention paid to the front facades. [Amd.
Ord. 38-07 215108]
(e) Rhythm :of Buildings on Streets: The relationship of buildings to
open space between them and adjoining buildings sha ll be visually
compatible with the relationship between existing h istoric buildings or
structures within the subject historic district. [Amd. Ord. 38-07 2/5/08]
(f) Rhythm of Entrance and/or Porch Protections: The relationship of
entrances and porch projections to the sidewalks of a building shall be
visually compatible with existing architectural sty les of entrances and
porch projections on existing historic buildings an d structures within the
subject historic district for all development, [Amd. Ord. 38-07 2/5/08]
(g) Relationship of Materials, Texture, and Color: The relationship of
materials, texture, and color of the facade of a bu ilding and/or
hardscaping shall be visually compatible with the p redominant
materials used in the historic buildings and struct ures within the subject
historic district. [Amd. Ord. 38-07 2/5/08]
(h) Roof Shapes: The roof shape, including type and slope, of a bui lding
or structure shall be visually compatible with the roof shape of existing
historic buildings or structures within the subject historic district. The
roof shape shall be consistent with the architectur al style of the
building. [Amd. Ord. 38-07 2/5/08]
(i) Walls of Continuity: Walls, fences, evergreen landscape masses, or
building facades, shall form cohesive walls of encl osure along a street
to ensure visual compatibility with historic buildi ngs or structures within
the subject historic district and the structure to which it is visually
related. [Amd. Ord. 38-07 2/5/08]
SECTION 4.5.1 (E) (8) (j)
(j) Scale of a Building: The size of a building and the building mass in
relation to open spaces, windows, door openings, ba lconies, porches,
and lot size shall be visually compatible with the building size and mass
of historic buildings and structures within a histo ric district for all
development. To determine whether the scale of a bu ilding is
appropriate, the following shall apply for major de velopment only:
[Amd. Ord. 38 -07 2/5/08]
1. For buildings wider than sixty percent (60%) of the lot width, a
portion of the front facade must be setback a minimu m of seven (7)
additional feet from the front setback line: [Amd. Ord. 38 -07
2/5/081
a. Lots sixty -five (65) feet or less in width are exempt from thi s
requirement. [Amd. Ord. 38 -07 2/5/081
To calculate how much of the building width must co mply with
this provision, multiply the lot width by 40% and s ubtract the
required minimum side setbacks (example: 100' lot w idth x
40% = 40' - 15' side yard setbacks = 25'). [Amd. Ord. 38 -07
215/08]
c. Any part or parts of the front facade may be used to mee t this
requirement. [Amd. Ord, 38 -07 2/51081
d. See illustration below: [Amd. Ord. 38 -07 2/5/083
75' LOT 75' LOT
SECTION 4.5.1 (E) (8) 0) 2.
2. For buildings deeper than fifty percent (50%) of the lot depth, a
portion of each side facade, which is greater than one story high,
must be setback a minimum of five (5) additional fe et from the side
setback line: [Amd. Ord. 38-07 2/5/08]
a. To calculate how much of the building depth must co mply with
this provision, multiply the lot depth by fifty per cent (50%) and
subtract the required minimum front and rear setbac ks
(example: 120' lot depth x 50% = 60' - 25' front ya rd setback -
10' rear setback = 25'). [Amd. Ord. 38-07 2/5/08]
b. Any part or parts of the side facades may be used t o meet this
requirement. [Amd. Ord. 38-07 2/5/08]
c. See illustration below: [Amd. Ord. 38-07 2/5/08]
d. If the entire building is set back an additional fi ve (5) feet from
the side, no offsets are required on that side. [Am d. Ord. 38-07
2/5/08]
3. Porches may be placed in the offset portion of t he front or side
facades, provided they are completely open except f or supporting
columns and/or railings. [Amd. Ord. 38-07 2/5/08]
(k) Directional Expression of Front Elevation: A building shall be
visually compatible with the buildings, structures, and sites within a
historic district for all development with regard t o its directional
character, whether vertical or horizontal. [Amd. Or d. 38-07 2/5/08]
4.4 - 14
(1) Architectural Style: All major and minor development shall consist of
only one (1) architectural style per structure or p roperty and not
introduce elements definitive of another style. [Amd. Ord. 38-07
2/5/08]
(m) Additions to Individually Designated Properties and to
Contributing Structures in all Historic Districts. Visual compatibility
shall be accomplished as follows: [Amd. Ord. 38-07 215108]
1. Additions shall be located to the rear or least pub lic side of a
building and be as inconspicuous as possible. [Amd. Ord. 38-07
2/5/08]
2. Additions or accessory structures shall not be loca ted in front of the
established front wall plane of a historic building . [Amd. Ord. 38-07
2/5/08]
3. Characteristic features of the original building sh all not be
destroyed or obscured. [Arad. Ord. 38-07 215/08]
4. Additions shall be designed and constructed so that the basic form
and character of the historic building will remain intact if the addition is
ever removed. [Amd. Ord. 38-07 2/5/08]
5. Additions shall not introduce a new architectural s tyle, mimic too
closely the style of the existing building nor repl icate the original design,
but shall be coherent in design with the existing b uilding. [Amd. Ord.
38-07 2/5/08]
6. Additions shall be secondary and subordinate to the main mass of
the historic building and shall not overwhelm the o riginal building.
[Amd. Ord. 38-07 2/5/08]
(9) Visual Compatibility incentives. In order to provide design flexibility for
residential structures, as defined by LDR Section 4 .5.1(E)(2)(a), that otherwise satisfy
the Visual Compatibility Standards outlined in Sect ion 4.5.1(E)(8), incentives for
development shall include the following: [Amd. Ord. 38-07 215/08]
(a) Open Air Spaces: The ratio of the Building Height Plane (BHP) can
increase from two to one (2:1) to two to one and a half (2:1.5 ) for open air
spaces limited to; first or second floor front porc hes (separation must be
provided between floors), first or second floor sid e porches (separation
must be provided between floors), balconies, and ov erlooks with open
railings (see illustration below); and [Amd. Ord. 38-07 2/5/08]
4.5-5
SECTION 4.5.1 (E) (9) (a)
1 5 .L.Aat: t5;-.);
(b) Front Elevation: Up to twenty five percent (25%) of the front
elevation(s) can extend above the Building Height P lane (BHP) to a
maximum height of thirty five feet (35'), provided twenty five percent (25%)
or more of the front elevation(s) remains one (1) s tory as defined by LDR
Section 4.5.1 (E)(8)(a)(2). The total width of exte nsion shall not exceed
eighteen feet (18') along the front elevation(s). S ee illustration below.
[Mid. Ord. 38-07 215108]
FRDNT VI EW
S S
SIDE
CAN'.35,!?!.tOVE _
•1:11k:F
375 -. MAX.----
NOT EXC ED:. 35 .!
___ M131$1 aE LIN,DEA .
OFt M.D:R 4'F'03#
FA:CAD:E(S ) MUST REMAIN
I STORY
SECTION 4.5.1 (r)
(F) Restrictions on Demolitions: No structure within a Historic District or on a
Historic Site shall be demolished without first rec eiving a Certificate of Appropriateness
pursuant to Section 2.4.6(H). The Historic Preserva tion Board shall be guided by the
following in considering such a request. [Amd. Ord. 55-07 1/15108]
(1) The Historic Preservation Board upon a request for demolition by a
property owner, shall consider the following guidel ines in evaluating applications for a
certificate of appropriateness for demolition of de signated historic sites, historic
interiors, or buildings, structures, or appurtenanc es within designated historic districts;
(a) Whether the structure is of such interest or qualit y that it would
reasonably fulfill criteria for designation for lis ting on the national
register.
(b) Whether the structure is of such design, craftsmans hip, or material that
it could be reproduced only with great difficulty o r economically
nonviable expense.
(c) Whether the structure is one of the last remaining examples of its kind
in the designated historic district within the city .
(d) Whether retaining the structure would promote the g eneral welfare of
the city by providing an opportunity to study local history, architecture,
and design, or by developing an understanding of th e importance and
value of a particular culture and heritage.
(e) Whether there are approved plans for immediate reus e of the property
if the proposed demolition is carried out, and what effect those plans
will have on the surrounding area. [Amd. Ord. 55-07 11151081
(2) No decision of the Board shall result in undue economic hardship for the
property owner. The Board shall have authority to d etermine the existence of such
hardship in accordance with the definition of undue economic hardship found in
Subsection (H).
(3) The Board's refusal to grant a Certificate of A ppropriateness requested by
a property owner for the purpose of demolition will be supported by a written statement
describing the public interest that the Board seeks to preserve.
4.5 - 7
SECTION 4.5.1 (F) (4)
(4) The Board may grant a certificate of appropriatenes s as requested by a
property owner, for demolition which may provide fo r a delayed effective date. The
effective date of the certificate will be determine d by the Board based on the relative
significance of the structure and the probable time required to arrange a possible
alternative to demolition. The Board may delay the demolition of designated historic
sites and contributing buildings within historic di stricts for up to six months while
demolition of non-contributing buildings within the historic district may be delayed for up
to three months.
(5) During the demolition delay period, the Board may t ake such steps as it
deems necessary to preserve the structure concerned . Such steps may include, but
are not limited to, consultation with community gro ups, public agencies, and interested
citizens, recommendations for acquisition of proper ty by public or private bodies, or
agencies, and exploration of the possibility of mov ing one or more structures or other
features.
(6) The Board may, with the consent of the property own er, request that the
owner, at the owner's expense, salvage and preserve specified classes of building
materials, architectural details and ornaments, fix tures, and the like for reuse in the
restoration of the other historic properties. The B oard may, with the consent of the
property owner, request that the Delray Beach Histo rical Society, or the owner, at the
owner's expense, record the architectural details f or archival purposes prior to
demolition. The recording may include, but shall no t be limited to photographs,
documents, and scaled architectural drawings to inc lude elevations and floor plans.
Two (2) copies of such recordings shall be submitte d to the City's Planning and Zoning
Department. One (1) to be kept on file and the othe r to be archived with the Delray
Beach Historical Society. At the Board's option, an d with the property owner's consent,
the Board or the Delray Beach Historical Society ma y salvage and preserve building
materials, architectural details, and ornaments, te xtures, and the like at their expense,
respectively. [Amd. Ord. 55-07 1115108]
(7) The owner shall provide the following information o n his/her application for
any contributing structure in a historic district o r individually designated historic
structure: [Amid. Ord. 55-07 1115/081
(a) A certified report from a registered architect or e ngineer which provides
documentation explaining that the building is struc turally unsound and
is damaged beyond the ability to repair it at a rea sonable cost. The
report must include photographs to substantiate the damage. [Amd.
Ord, 55-07 1115/08/
(b) A certified report from an engineer, architect, gen eral contractor, or
other qualified professional which documents the pr ojected cost of
repairing the structure and returning it to a safe and habitable condition.
[Amd. Ord. 55-07 1/15/081
SECTION 4.5.1 (F) (7 ) (c)
4.5 - 18
(c) An appraisal of the property in its current conditi on, its value as vacant
land and its potential value as a preserved and res tored historic
property. [Amd. Ord. 55-07 1115108]
(d) Documentation that reasonable efforts have been mad e to find a
suitable alternate location for the structure withi n the City of Delray
Beach to which the contributing/ individually desig nated historic
structure could be safely relocated. Valid. Ord. 55 -07 1/15/08]
(G) Unsafe Buildings: in the event the Chief Building Official determine s that any
structure within a designated historic site or desi gnated historic district is unsafe
pursuant to the applicable Code of Ordinances, the Chief Building Official will
immediately notify the Board of his findings. Where appropriate and in accordance with
applicable ordinances, the Chief Building Official will attempt to have the structure
repaired rather than demolished, and will take into consideration any comments and
recommendations by the Board. However, the provisio ns contained within division (A)
of this section shall not apply to the Chief Buildi ng Official's declaration that a building is
unsafe, nor will the Chief Building Official be pre cluded from taking whatever steps, as
may be required by applicable ordinances to protect the public health and safety of the
community. The Board may also endeavor to negotiate with the owner and interested
parties, provided such actions do no interfere with procedures in the applicable
ordinances.
(H) Undue Economic Hardship: In any instance where there is a claim of undue
economic hardship, the property owner may submit, w ithin a reasonable period of time,
prior to a meeting with the Board, the following do cumentation:
(1) For All Property:
(a) The amount paid for the property, the date of purch ase, and the party
from whom purchased;
(b) The assessed value of the land and improvements the reon, according
to the two most recent assessments;
(c) Real estate taxes for the previous two years;
(d) Annual debt service or mortgage payments, if any, f or the previous two
years;
(e) All appraisals, if any, obtained within the previou s two years by the
owner or applicant in connection with the purchase, financing, or
ownership of the property;
(f) Any listing of the property for sale or rent, price asked, and offers
received, if any; and
SECTION 4.5.1 (H) (1) (g)
4.5 - 8
(g) Any consideration by the owner as to profitable adaptive uses for the
property, including but not limited to possible fai r market rents for the
property if it were rented or leased in its current condition.
(2) For Income Property (Actual or Potential):
(a) The annual gross income from the property for the p revious two years,
if any;
(b) The annual cash flow, if any, for the previous two years; and
(c) The status of leases, rentals, or sales for the pre vious two years.
(3) An applicant may submit and the Board may requi re that an applicant
furnish additional information relevant to the Boar d's determination of any alleged
undue economic hardship. The Board may also require , in appropriate circumstances,
that information be furnished under oath.
(4) In the event that any of the required informati on is not reasonably available
to the property owner and cannot be obtained by the property owner, the property
owner shall file statement of the information which cannot be obtained and the reasons
why such information cannot be reasonably obtained. Where such unobtainable
information concerns required financial information , the property owner will submit a
statement describing estimates which will be as acc urate as are feasible.
(I) Historic Preservation Board to Act on Site Plans, L andscape Plans, and
Architectural. Elevations: Pursuant to the powers granted in Section 2.2.6(D), the
Historic Preservation Board shall act on all develo pment applications, within a Historic
District or on a Historic Site, subject to processi ng under Sections 2.4.5(F),(G),(H), and
(I) which otherwise would be acted upon by the Site Plan Review and Appearance
Board or the Planning and Zoning Board.
(J) Historic Preservation Board to Act on Variance Requ ests: Pursuant to the
powers granted in Section 2.2.6(D), the Historic Pr eservation Board shall act on all
variance requests, within a Historic District or on a Historic Site, which otherwise would
be acted upon by the Board of Adjustments. In actin g on such variance requests the
Board may be guided by the following as an alternat ive to the criteria normally used by
the Board of Adjustments. [And. Ord. 12-93 219193]
(1) That a variance is necessary to maintain the hi storic character of property
through demonstrating that:
(a) A variance would not be contrary to the public interest, safety, or
welfare.
SECTION 4.5 .1 (J) (1) (b)
4.5 - 20
(b) Special conditions and circumstances exist, because of the historic
setting, location, nature, or character of the land , structure,
appurtenance, sign, or building involved, which are not applicable to
other lands, structures, appurtenances, signs, or b uildings in the same
zoning district, which have not been designated as historic sites or a
historic district nor listed on the Local Register of Historic Places.
(c) Literal interpretation of the provisions of existin g ordinances would alter
the historic character of the historic district, or historic site to such an
extent that it would not be feasible to preserve th e historic character, of
the historic district or historic site.
(d) The variance requested is the minimum necessary to preserve the
historic character of a historic site or of a histo ric district. [Arad. Ord,
12-93 2/9/93]
(2) Or, as an alternative to subsection (i)(1), tha t a variance is necessary to
accommodate an appropriate adaptive reuse of a stru cture within a Historic District or
upon a Historic Site through demonstrating that:
(a) A variance would not be contrary to the public inte rest, safety, or
welfare.
(b) The variance would not significantly diminish the h istoric character of
the Historic District or Site.
(c) That the variance requested is the minimum necessar y to effect the
adaptive reuse of an existing structure or site. [A md. Ord. 12-93
219193]
(3) The Board shall otherwise follow all procedures and impose conditions as
required of the Board of Adjustments. [Arad. Ord. 1 2-93 219/93]
(K) Designation of Historic Sites: The following Historic Sites are hereby affirmed
or established:
(1) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of
the West 110 feet of the South 100 feet, less the W est 10 feet of the Beach Lot 15,
Subdivision of the Fractional East Half of Section 16, Township 46 South, Range 43
East, Delray Beach, Palm Beach County, Florida. (Or iginal designation by Ordinance
17-90, May 22, 1990).
SECTION 4.5A (K) (2)
(2) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on the South
Half of Lot 4 lying West of State Road MA, (less th e West 435.5 feet thereof, less the
West 25 feet thereof for road Right-of-way), that p art of the South 10 feet of Lot 3 and
the North Half of Lot 4 lying West of State Road Al A (less the West 25 feet thereof for
road Right-of-way), and Lot 3 (less the South 10 fe et thereof, less the West 25 feet
thereof for road Right-of-way) (less Right-of-way o f State Road AlA, missing from
original description) of Block E, Revised Plat of B locks D and E, Palm Beach Shore
Acres, Defray Beach, Palm Beach County, Florida as Recorded in Plat Book 7, Page
38, of the Public Records of Palm Beach County, Flo rida. And that part of the South 10
feet of Lot 3 lying East of the Right-of-way of Sta te Road AlA.
(3) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2,
N.W. 5th Avenue. (Original designation by Ordinance 16 -89)
(4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W.
4th Avenue, located on Lot 7, Block 28, Delray Beac h. (Original designation by
Ordinance 17-89)
(5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th
Avenue, located on Lot 5, Block 27, Delray Beach (O riginal designation by Ordinance
18-89)
(6) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE
275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Del ray Beach (Originally
designation by Ordinance 19-89)
(7) ST. MATTHEW EPISCOPAL CHURCH, 404 S,W. 3rd Street, located on
Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20-89)
(8) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore
Acres, Lot 21, Block D, Delray Beach, Palm Beach Co unty [Amd. Ord. 29 -94 617/94
(9) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet
of Lot 1, Block 84, Delray Beach, Palm Beach County .
(10) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section
18, Township 46 South, Range 43 East, City of Defra y Beach (Original designation by
Ordinance 119-88)
(11) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX,
located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and
Lots 22, 23, 24 and 25, inclusive, Block 108. And L ots 5, 6 and 7, Less 5 foot Road
RAW, Block 108, Town of Delray, with the designatio n pertaining to the buildings only
and not the grounds. ['kind. Ord. 22-91 3/26/91]
4.5 - 22
SECTION 4.5.1 (K) (12)
(12) MILTON-MYERS POST NO. 65, THE AMERICAN LEGION OF TH E
UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106,
Delray Beach, formerly Town of Linton, Palm Beach C ounty, Florida. [Amd. Ord. 68-94
10/18194].
(13) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, locate d on Lots 5, 6
and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton,
Palm Beach County, Florida. [Amd. Ord. 8-95 2/7195]
(14) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5 1h Avenue, Delray
Beach, Florida; more particularly described as foll ows: south 12 feet of Lot 7 and Lot 8,
Melvin S. Burd Subdivision, as recorded in Plat Boo k 11, Page 73, of the Public
Records of Palm Beach County, Florida (154 N.W. 5 th Avenue). [Amd. Ord. 29-02
7/16/02]; [Amd. Ord. 9-95 2/7/95]
(15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lot s 12, 13, and 14,
Block 117, Delray Beach, formerly Town of Linton, P alm Beach County, Florida. [Amd.
Ord. 26-95 616195]
(16) THE MONTEREY HOUSE, 20 North Swinton Avenue, locate d on Lot 12,
Block 60, Delray Beach, formerly Town of Linton, Pa lm Beach County, Florida. [Amd.
Ord. 27-95 6/6/95]
(17) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, loc ated south 50
feet of Lot 11, Block 60, Delray Beach, formerly To wn of Linton, Palm Beach County,
Florida, [Amd. Ord. 28-95 616195]
(18) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beac h Lots
Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as
recorded in Plat Book 1, Page 25, of the Public Rec ords of Palm Beach County,
Florida. [Amd. Ord. 57-96 12/3/96]
(19) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, loc ated on
a portion of the Trinity Evangelical Lutheran Churc h property at 400 North Swinton
Avenue, Delray Beach, Florida; more particularly de scribed as the East 1 /2 of Lot 12,
Section 8-46-43, Delray Beach, Palm Beach County, F lorida. The chapel is the only
building in the church complex receiving an histori c designation. The church complex is
located at the northwest corner of Lake Ida Road an d Swinton Avenue. [Amd. Ord. 26-
97 7/1/97)
(20) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, D elray Beach,
Florida; more particularly described as the South 2 7.6 feet of Lot 5, less the West 5 feet
SR RNV, Lots 6 & 7, less the West 5 feet SR R/W, of Block 115, as recorded in Plat
Book 1 at Page 3 of the Public Records of Palm Beac h County, Florida. [Amd. Ord.
46-97 11/18/97
SECTION 4.5.1 (K) (21)
4.5 - 23
(21) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach,
Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat
Book 21 at Page 15 of the Public Records of Palm Be ach County, Florida_ [Amd. Ord.
12-98 3/3/981
(22) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURC H OF
DELRAY BEACH, located at 36 Bronson Street, Defray Beach, Florida ; more
particularly described as Lots 16, 17, 18 and 19, B lock 3, Ocean Park Subdivision, as
recorded in Plat Book 5 at Page 15 of the Public Re cords of Palm Beach County,
Florida. [Amd. Ord. 46-99 11116199]
(23) THE ATLANTIC AVENUE BRIDGE (State Structure #930864 ), located at
East Atlantic Avenue and the Intracoastal Waterway i n the City of Delray Beach, Palm
Beach County, Florida. [Amd. Ord. 18-00 8/15/00]
(24) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the
N.E. 8 th Street Bridge, (State Structure #930026), located at George Bush Boulevard
and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County,
Florida. [Arnd. Ord. 19-00 8/15/001
(25) THE WATER HOUSE, located at 916 and 918 Northeast 5 th Street, Delray
Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las
Palmas, Delray Beach, Florida, according to the Pla t thereof recorded in the Office of
the Clerk of the Circuit Court in and for Palm Beac h County, Florida, in Plat Book 10 at
Page 68. [Amd. Ord. 15-01 2/20/01]
(26) THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach,
Florida, more particularly described as follows: Lo ts 1, 2, 3, 28 and 29, Block 10, Dell
Park, Defray Beach, Palm Beach County, Florida, acc ording to the Plat thereof,
recorded in Plat Book 8 at Page 56 of the Public Re cords of Palm Beach County,
Florida. [Amd. Ord. 27-02 7116/02]
(27) THE AMELUNG HOUSE, located at 102 NE 12 th Street, Delray Beach,
Florida, more particularly described as follows: Lo t 9, Block 6, Dell Park, according to
the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records of Palm
Beach County, Florida; said land situate, lying and being in Palm Beach County,
Florida. [Amd. Ord. 25-03 8/19/03]
(28) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delra y
Beach, Florida, more particularly described as the East 365.69 feet of Lot 8 (less the
West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of
South half of East half of Lot 8, Section 8, Townsh ip 46 South, Range 43 East,
according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public
Records of Palm Beach County, Florida. [Amd. Ord. 71-04 1/4105]
SECTION 4.5.1 (K) (29)
4.5 - 24
(29) THE HARTMAN HOUSE, located at 302 N.E. 7 th Avenue, Delray Beach,
Florida, more particularly described as follows: Lo ts 13 and 14, Block 113, Highland
Park according to the map or plat thereof as record ed in Plat Book 2, Page 79, of the
Public Records of Palm Beach County, Florida. [Amd. Ord. 26-05 5131051
(30) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue,
Delray Beach, Florida, more particularly described as follows: Lot 21 and the West 35
feet of Lot 22, Defray Beach Esplanade, according t o the plat thereof, as recorded in
Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. [Arad. Ord. 5005
7/19105]
(L) Designation of Historic Districts: The following Historic Districts are hereby
affirmed or established:
(1) NASSAU STREET which consists of Lots 2-19 of Nassau Park, as
recorded in Plat Book 16, page 67 of Palm Beach Cou nty, Florida; Lots 1-12 of
Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County,
Florida; and Block E, Lot 4 and Block F, Lot 1 of J ohn B. Reid's Village as recorded in
Plat Book 21, page 95 of Palm Beach County, Florida . (Original designation by
Ordinance 97-87 adopted on January 12, 1988) [Amd. Ord. 38-07 2/5/08]
(2) MARINA which consists of Block 125, excluding the south 350' o f the north
488.6' of the west 100' of Block 125, along with th at part of Block 133 lying west of the
Intracoastal Waterway, together with the east half of Block 118, along with all of Block
126, together with that portion of Block 134 lying west of the Intracoastal Waterway,
along with east half of Block 119, together with al l of Block 127, along with the east half
of Block 120, and all of Block 128, all within the Town of Linton Plat, as recorded in Plat
Book 1, Page 3, Palm Beach County Records (Original designation by Ordinance 156-
88 adopted on December 20, 1988) [Amd. Ord. 38-07 2/5/08]
(3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive, along wit h
Tracts A, B, and C DEL-1DA PARK, according to the P lat thereof on file in the Office of
the Clerk of the Circuit Court in and for Palm Beac h County, Florida recorded in Plat
Book 9 at Page 62 (Original designation by Ordinanc e 9-88 adopted on March 22,
1988)
(4) OLD SCHOOL SQUARE which consists of the south one-half of Block 57
and Blocks 58-62, Blocks 65-70, the west half of Bl ocks 74 and 75, and Lots 1-6 of
Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County
Records. (Original designation by Ordinance 1-88 ad opted on February 9, 1988).
4.5 - 25
SECTION 4.5.1 (L) (5)
(5) WEST SETTLERS is bounded on the north by Martin Luther King, Jr.
Boulevard (N.W. 2nd Street). The eastern boundary i s as follows: the alley running
north and south in Block 43; N.W. 3rd Avenue betwee n N.W. 1st Street and the east-
west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd
Avenue and the alley in Block 43; the east-west alle y in Block 36 and Block 28 and the
south property line of Lot 13, Block 20. The wester n boundary is the north-south alley
and the eastern one-half (1/2) of the block south o f the alley of Block 19; the north-
south alley in the north half of Block 20. [Amd. Ord. 38 -07 2/5/08]; [Amd. Ord. 6 -97
2/18/97]
(M) Tax Exemption for Historic Properties: [Amd. Ord. 50-96 11/19/96]
(1) The City Commission hereby creates a tax exempt ion for the restoration,
renovation or rehabilitation of qualifying historic properties designated in Section
4.5.1(K) & L, as amended. Qualifying properties shall be exempt from that portion of ad
valorem taxation levied by the City of Delray Beach on 100% of, the increase in
assessed value resulting from any renovation, resto ration or rehabilitation of the
qualifying property made on or after the effective date of this ordinance. [Amd. Ord.
10 -03 5/20/03]; [Amd. Ord. 50 -96 11119/96]
(2) The above exemption does not apply to: [Amd. Ord. 50 -96 11/19/96]
(a) Taxes levied for payment of bonds; [Amd. Ord. 50 -96 11/19196]
(b) Taxes authorized by a vote of the electors pursuant to Se ction 9(b) or
Section 12, Article 7 of the Florida Constitution; or [Amd. Ord. 50 -96
11/19/96]
(c) Personal property. [Amd. Ord. 50-96 11/19/96]
(3) Duration of Tax Exemption: [Amd. Ord. 50-96 11/19196]
(a) The exemption period shall be for ten (10) years, b eginning January 1st
following the year in which final approval is given by the City
Commission and the Palm Beach County Property Appraiser has been
instructed to provide such exemption. However, the City Commission
shall have the discretion to set a lesser term. [Amd. Ord. 10 -03
5/20/03]; [Amd. Ord. 50 -96 11119/96]
(b) The term of the exemption shall be specified in the r esolution approving
the exemption and shall continue regardless of any changes in the
authority of the City to grant such exemption or chang e in ownership of
the property. To retain an exemption, the historic character of the
property and the improvements which qualified the p roperty for an
exemption must be maintained in their historic state over the period for
which the exemption was granted. [Amd. Ord. 50 -96 11/19196]
4.5 - 26
SECTION 4.5i (M) (4)
(4) Effective Date of Exemption: The effective date of the tax exemption
shall be January 1 of the year following the year i n which a historic preservation
exemption covenant is recorded and a copy of the Fi nal Application and resolution of
the City Commission, as approved, have been transmi tted to the Palm Beach County
Property Appraiser. [Amd. Ord. 50-96 11/19/96]
(5) Qualifying Properties and improvements: [Amd. Ord. 50-96 11/19196]
(a) The following real property in the City is qual ifying property for the
purposes of this ordinance if at the time the exemp tion is approved by
the City Commission, the property: [Amd. Ord. 50-96 11119/96]
(i) is individually listed in the National Register of Historic Places
pursuant to the National Historic Preservation Act of 1966, as
amended; or, [Amd. Ord. 50-96 11/19/96]
(ii) is a contributing property to a National Register-l isted district; or,
[Amd. Ord. 50-96 11119/96]
(iii) is designated as a historic property, or as a contr ibuting
property to a historic district, under the terms of the City's historic
preservation ordinance; and, [Amd. Ord. 50-96 11/19/96]
(iv) has been certified by the Historic Preservation Boa rd as
satisfying (a) (i), (ii), or (iii). [Amd. Ord. 50-96 11/19/96]
(b) For an improvement to a historic property to qu alify the property for an
exemption, the improvement must: [Amd. Ord. 50-96 11/19/96]
(i) be consistent with the United States Secretary of t he Interior's
Standards for Rehabilitation, as amended; [Amd. Ord. 50-96
11/19/96]
(ii) be determined an improvement by the Historic Preser vation Board
as established in rules adopted by the Department o f State,
Division of Historical Resources, FAG 1A-38, as amen ded which
defines a real property improvement as changes in t he condition of
real property brought about by the expenditure of l abor and money
for the restoration, renovation, or rehabilitation of such property.
improvements shall include, but are not limited to: modifications,
repairs, or additions to the principal contributing building and its
associated accessory structures (i.e, a garage, cab ana, guest
cottage, storage/utility structures, swimming pools ), whether
existing or new, as long as the new construction is compatible with
the historic character of the building and site in terms of size, scale,
massing, design, and materials, and preserves the h istoric
SECTION 4.5.1 (M) (5 ) (b) (
4.5 - 27
relationship between a building or buildings, lands cape features,
and open space. The exemption does not apply to imp rovements
made to non-contributing principal buildings or the ir non-
contributing accessory structures. [Amd. Ord. 10-03 5/20/03];
[Amd. Ord. 50-96 11/19/96
(iii) be consistent with Section 4.5.1(E), "Development S tandards", of
the City's Land Development Regulations; and [Amd. Ord. 50-96
11119196]
(iv) include, as part of the overall project, visible im provements to the
exterior of the structure. [Amd. Ord. 50-96 11/19/9 6]
(6) Evaluation of Property Used for Government or Nonpr ofit Purposes:
[Amd. Ord. 50-96 11/19196]
(a) For purposes of the exemption under Section 196.199 8, Florida
Statutes, a property is being used for government o r nonprofit purposes
if the sole occupant of at least 65 percent of the useable space is an
agency of the federal, state or a local government unit or a nonprofit
organization certified by the Department of State u nder Section
617.0301, Florida Statutes. [Amd. Ord. 10-03 5/20/0 3]; [Amd. Ord.
50-96 11119196]
(b) For purposes of the exemption under Section 196.199 8, Florida
Statutes, a property is considered regularly and frequently open to the
public if public access to the property is provided not less than 12 days
a year on an equitably spaced basis, and at other t imes by
appointment. Nothing herein shall prohibit the owne r from charging a
reasonable nondiscriminatory admission fee, compara ble to fees
charged at similar facilities in the area. [Arad. O rd. 50-96 11119196]
(7) Application for Exemption: [Amd. Ord. 50-96 11119/96]
(a) Any property owner, or the authorized agent of the owner, that desires
an ad valorem tax exemption for the improvement of a historic property
must file a Tax Exemption Application with the Plan ning and Zoning
Department. The application shall be made on the tw o-part Historic
Preservation Property Tax Exemption Application, ap proved by the
State of Florida, Division of Historical Resources. Part 1 of the
application, the Construction Application, shall be submitted before,
during, or after qualifying improvements are initia ted and Part 2, the
Final Application/Request for Review of Completed Wo rk, shall be
submitted upon completion of the qualifying improve ments. The Final
Application shall contain the Historic Preservation Exemption
SECTION 4.5.1 (M) (7) (a)
4.5 - 28
Covenant, as provided for herein. [Amd. Ord. 10-03 5/20/03]; [Amd.
Ord. 50-96 11/19/96]
(8) Part 1, Construction Application: [Amd. Ord. 10-03 5/20/03]; [Amd,
Ord. 50-96 11/19/96]
(a) A Construction Application shall be filed with the Planning and Zoning
Department before, during, or after the qualifying project is constructed.
The Construction Application shall also contain inf ormation concerning
the estimated cost of the qualifying improvement an d be accompanied
by a copy of the most recent tax bill from the Palm Beach County
Property Appraiser for the property. Upon receipt o f the Construction
Application, the Historic Preservation Planner shal l review the
application and determine whether the application i s complete and
whether the property satisfies the requirements of Section 4.5.1(M)(5)
and is therefore eligible for review by the Histori c Preservation Board.
[Amd. Ord. 10-03 5/20/03];
(9) Review of Construction Application by the Historic Preservation
Board: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/191 96]
(a) The Historic Preservation Board shall review th e Construction
Application within 60 days of the Historic Preserva tion Planner's
determination of eligibility. The exterior portion of the work shall be
reviewed in accordance with the Certificate of Appr opriateness review
process simultaneously with the Part 1, Constructio n Application. If site
plan approval or a variance is required for the pro ject, the respective
applications shall be presented to the Historic Pre servation Board in
conjunction with the Certificate of Appropriateness review process. If
Part I of the Construction Application is submitted after the project has
been completed, the application must be submitted w ithin 18 months
from the date of issuance of a Certificate of Occup ancy. [Amd. Ord.
10-03 5/20/03]; [Amd. Ord. 50-96 11119/96]
(i) If the Historic Preservation Board determines that the work as
proposed is a qualifying improvement and is in comp liance with the
review standards contained in Section 4.5.1(E), the Construction
Application and, if applicable, the Certificate of Appropriateness
shall be approved by the Historic Preservation Boar d. [Amd. Ord.
10-03 5/20/03]; [Arnd. Ord. 50-96 11/19/96]
(ii) If the Historic Preservation Board determines that the work as
proposed is not a qualifying improvement or is not in compliance
with the review standards contained in Section 4.5.1(E), corrective
measures shall be prescribed by the Board. [Amd. Or d. 10-03
5/20/03]; [Amd. Ord. 50-96 11119/96]
SECTION 4.5.1 (M) (10)
4.5 - 29
(10) Part 2, Final Application/Request for Review of Com pleted Work:
[Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/9 6]
(a) if the Historic Preservation Board determines that the work is a
qualifying improvement and is in compliance with th e review standards
contained in Section 4.5.1(E), the Board shall appr ove the Final
Application/Request for Review of Completed Work an d the Historic
Preservation Planner shall issue a written order to the applicant. The
Historic Preservation Planner will inspect the comp leted work to verify
such compliance. The review of the Historic Preserv ation Board shall
be completed within thirty (30) days of the receipt of the completed
Final Application/Request for Review of Completed W ork as verified by
the Historic Preservation Planner. [Amid, Ord. 10-03 5/20/03]; [Amd.
Ord. 50 -96 11/19/96]
(b) The Final Application/Request for Review of Complet ed Work shall be
accompanied by documentation of the total expenditu res of the
qualifying improvements. Appropriate documentation may include, but
is not limited to, paid contractor's bills, NA Form s 702-704, canceled
checks, copies of invoices, and an approved buildin g permit application
listing the cost of work to be performed. Upon the receipt of a Final
Application/Request for Review of Completed Work an d all required
supporting documentations, the Historic Preservatio n Board shall
conduct a review at a regularly scheduled public me eting to determine
whether or not the completed improvements are in co mpliance with the
work described in the Construction Application, app roved amendments,
if any, and Section 4.5.1(E). After the above menti oned review, the
Historic Preservation Board shall recommend that th e City Commission
grant or deny the exemption. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord,
50-96 11/19/96]
(c) If the Historic Preservation Board determines that the work as
completed is either not a qualifying improvement or is not in compliance
with the review standards contained in Section 4.5.1(E), the applicant
shall be advised that the Final Application has bee n denied. The
Historic Preservation Planner shall provide a writt en summary of the
reasons for the determination to the applicant. [Amd. Ord. 10 -03
5/20/03]; [Amd. Ord. 50-96 11/19/96]
(11) Appeal to the Historic Preservation Board's Decision: [Amd. Ord. 1003
5/20/03]; [Amd. Ord. 50-96 11/19/96]
(a) Any action taken by the Historic Preservation B oard is appealable to
the City Commission pursuant to Section 2.4.7(E), "Appeals'. [Amd.
Ord. 10 -03 5120/03]; [Amd. Ord. 50-96 11/19/96]
SECTION 4.5.1 (M) (12)
- 30
(12) Approval by the City Commission: [Amd. Ord. 10-03 5120/03]; [Amd.
Ord. 50-96 11119196]
(a) Upon approval of a Final Application/Request fo r Review of Completed
Work by the Historic Preservation Board, the Final Application shall be
placed by resolution on the agenda of the City Comm ission for
approval. The resolution of the City Commission app roving the Final
Application shall provide the name of the owner of the property, the
property address and legal description, a recorded restrictive covenant
as provided in Section 4.5.1(M)(13) in the official records of Palm
Beach County as a condition of receiving the exempt ion, and the
effective dates of the exemption, including the exp iration date. [Amd.
Ord. 10-03 5/20103]; [Amd. Ord. 50-96 11119/96]
(13) Historic Preservation Exemption Covenant: [Amd. Ord. 10-03
5/20/03]; [Amd. Ord. 50-96 11/19196]
(a) To qualify for an exemption, the applicant must sig n and return the
Historic Preservation Exemption Covenant with the F inal
Application/Request for Review of Completed Work. T he covenant as
established by the Department of State, Division of Historical
Resources, shall be in a form approved by the City o f Delray Beach
City Attorney's Office and applicable for the term for which the
exemption is granted and shall require the characte r of the property
and qualifying improvements to be maintained during the period that
the exemption is granted_ [Amd. Ord. 10-03 5120/03]; [Arnd. Ord. 50-
96 11119196]
(b) On or before the effective date of the exemption, t he owner of the
property shall have the covenant recorded in the of ficial records of
Palm Beach County, Florida, and shall cause a certi fied copy of the
recorded covenant to be delivered to the City's His toric Preservation
Planner. Such covenant shall be binding on the curr ent property
owner, transferees, and their heirs, assigns and su ccessors. A
violation of the covenant shall result in the prope rty owner being subject
to the payment of the differences between the total amount of the taxes
which would have been due in March of each of the p revious years in
which the covenant or agreement was in effect had t he property not
received the exemption and the total amount of taxe s actually paid in
those years, plus interest on the difference calcul ated as provided in
Sec. 212_12(3), Florida Statutes. [Amd. Ord. 10-03 5120103]; [Amd.
Ord. 50-96 11/19/96]
(14) Completion of Work: [Amd. Ord. 10-03 5120/03]; [Amd. Ord. 50-96
11/19/96]
4.5 - 31
SECTION 4.5.1 (M) (14) (a)
(a) An applicant must complete all work within two (2) years following the
date of approval of a Part 1 Construction Applicati on by the Historic
Preservation Board. A Construction Application shal l be automatically
revoked if the property owner has not submitted a F inal
Application/Request for Review of Completed Work wi thin two (2) years
following the date of approval of the Construction Application. [Amd.
Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19196]
(b) The City Commission, upon the recommendation of the Historic
Preservation Board, may extend the time for complet ion of a
substantial improvement in accordance with the proc edures of the
City's Building Code. [Amd. Ord. 50-96 11/19/96]
(15) Notice of Approval to the Property Appraiser: [Amd. Ord. 10-03
5/20/03]; [Amd. Ord. 50-96 11/19/96]
(a) Upon the receipt of a certified copy of the recorde d restrictive covenant
by the Historic Preservation Planner, the Planner s hall transmit a copy
of the approved Final Application/Request for Revie w of Completed
Work, the exemption covenant and the resolution of the City
Commission approving the Final Application and auth orizing the tax
exemption to the Palm Beach County Property Apprais er. [Amd. Ord,
10-03 5/20/03]; [Amd. Ord. 50-96 11119/96]
(b) The resolution approving an historic tax exemption must be filed with
the Palm Beach County Property Appraiser on or befo re January 1st of
the year in which an exemption is requested. Theref ore, the Final
Application/Request for Review of Completed Work mu st be submitted
no later than November 1 st of the year the work was completed in order
to process the application for both the Historic Pr eservation Board and
City Commission approvals. If the Final Application /Request for
Review of Completed Work is not submitted by Novemb er 1 st of the
year the work was completed, the abatement will not take effect until
the following year of the date of submittal. [Amd. Ord. 10-03 5/20/03];
[Amd. Ord. 50-96 11119/96]
(16) Revocation Proceedings: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-
96 11/19/96]
(a) The Historic Preservation Board may initiate pr oceedings to revoke the
ad valorem tax exemption provided herein, in the ev ent the applicant,
or subsequent owner or successors in interest to th e property, fails to
maintain the property according to the terms, condi tions and standards
of the Historic Preservation Exemption Covenant. [A md. Ord. 50-96
11/19196]
4.5 - 32
SECTION 4.5.1 (M) (16) (b)
(b) The Historic Preservation Planner shall provide not ice to the current
owner of record of the property and the Historic Pr eservation Board
shall hold a revocation hearing in the same manner as in Section
4.5.1(M)(10), and make a recommendation to the City Commission.
[Amd. Ord. 10-03 5/20/03]; [Arad. Ord. 50-96 111191 96]
(c) The City Commission shall review the recommendation of the Historic
Preservation Board and make a determination as to w hether the tax
exemption shall be revoked. Should the City Commiss ion determine
that the tax exemption shall be revoked, a written resolution revoking
the exemption and notice of penalties as provided i n Paragraph 8 of the
covenant shall be provided to the owner, the Palm B each County
Property Appraiser, and filed in the official recor ds of Palm Beach
County. [Amd. Ord. 50-96 11/19/96]
(d) Upon receipt of the resolution revoking the tax exe mption, the Palm
Beach County Property Appraiser shall discontinue t he tax exemption
on the property as of January 1st of the year follo wing receipt of the
notice of revocation. [Amd. Ord. 50-96 11/19/961
Section 4.5.2 Noise Control: Any land use established within the City of Delray
Beach must comply with the requirements of Chapter 99, Noise Control, of the Code of
Ordinances.
Section 4.5.3 Flood Damage Control Districts:
(A) Purpose and Intent: It is the purpose of this Overlay Zone District to promote
the public health, safety, and general welfare, and to minimize public and private losses
due to flood conditions in specific areas by provis ions designed to:
(1) Restrict or prohibit uses which are dangerous to he alth, safety, and
property due to water or erosion or in flood height s or velocities;
(2) Require that uses vulnerable to floods, including f acilities which serve these
uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural flood plains, str eam channels, and natural
protective barriers which are involved in the accom modation of flood waters;
(4) Control filling, grading, dredging, and other devel opment which may
increase erosion or flood damage; and,
(5) Prevent or regulate the construction of flood barri ers which will unnaturally
divert flood waters or which may increase flood haz ards to other lands.
4.5 - 32
EXHIBIT "C"
The Secretary of the Interior's Standards for
Rehabilitation
The Secretary of the interior's Standards for Rehabi litation are ten basic principles
created to help preserve the distinctive character of a historic building and its site, while
allowing for reasonable change to meet new needs. T he Standards (36 CFR Part 67)
apply to historic buildings of all periods, styles, types, materials, and sizes. They apply
to both the exterior and the interior of historic b uildings. The Standards also encompass
related landscape features and the building's site and environment as well as attached,
adjacent, or related new construction.
1. A property shall be used for its historic purpose o r be placed in a new use
that requires minimal change to the defining charac teristics of the building and its site
and environment.
2. The historic character of a property shall be retai ned and preserved. The
removal of historic materials or alteration of feat ures and spaces that characterize a
property shall be avoided.
3. Each property shall be recognized as a physical rec ord of its time, place,
and use. Changes that create a false sense of histo rical development, such as
adding conjectural features or architectural elemen ts from other buildings, shall not
be undertaken.
4. Most properties change over time; those changes tha t have acquired historic
significance in their own right shall be retained a nd preserved.
5. Distinctive features, finishes, and construction te chniques or examples of
craftsmanship that characterize a historic property shall be preserved.
6. Deteriorated historic features shall be repaired ra ther than replaced. Where
the severity of deterioration requires replacement of a distinctive feature, the new
feature shall match the old in design, color, textu re, and other visual qualities and,
where possible, materials. Replacement of missing fe atures shall be substantiated
by documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasti ng, that cause damage
to historic materials shall not be used. The surfac e cleaning of structures, if
appropriate, shall be undertaken using the gentlest means possible.
8. Significant archeological resources affected by a p roject shall be
protected and preserved. If such resources must be disturbed, mitigation measures
shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not
destroy historic materials that characterize the pr operty. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale, and
architectural features to protect the historic inte grity of the property and its
environment.
10.New additions and adjacent or related new constr uction shall be undertaken in
such a manner that if removed in the future, the es sential form and integrity of the
historic property and its environment would be unim paired.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:David T. Harden, City Manager
DATE:September 30, 2011
SUBJECT:AGENDA ITEM 9.B.1 - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
CONSIDERATION OF AN APPEAL/HPB'S DECISION/WAIVER REQUEST
ITEM BEFORE COMMISSION
The action requested of the City Commission is cons ideration of an appeal of the Historic Preservation
Board’s (HPB) rejection of the waiver request on Au gust 21, 2011. The HPB’s motion to approve the
waiver of required parking spaces at 85 SE 6 th Avenue failed on a 0-5 vote, based upon a failure to
make positive findings to LDR Section 4.5.1(E)(3)(b )2.
BACKGROUND
On August 16, 1995, the HPB approved a COA for two (2) of the three (3) on-site buildings including
the conversion of the Blank House from single-family residence to retail use (Building A), the
conversion of a garage to office use and addition o f a second story residential apartment (Building B),
and the construction of a nine-space, pea-rock parking area off of SE 1st Street. The third b uilding
(Building C) was, and remains, a multi-family residence. The single family residence (Buil ding A) was
subsequently converted to retail use and the garage was converted to office use. Building permits were
not obtained for the conversion of the garage nor w as the parking area required for this conversion ev er
installed. As a result, the office use was never le gally established.
In October of 1995, the retail use (Building A) was legally converted to restaurant use and the second
floor to a storage area.
Between 1995 and 2004 as the illegal status of the office use continued to surface, Site Plan
Applications were submitted and approved for the co nversion of use with associated parking
improvements. Each application was allowed to expir e and none of the required improvements were
ever constructed. The latest approval of August 3, 2004 permitted the applicant to pay for two (2)
parking spaces and included the installation of the balance of required spaces on site (a total of fou r new
spaces just south of the City’s public parking lot and retention of three existin g spaces off the alley on
the east side of property). As with previous approv als, no improvements were constructed, no payments
of in-lieu of parking fees were made, and the appro vals expired.
At its August 21, 2011 meeting, the HPB reviewed ye t another attempt, after 16 years, to address the
office conversion. This request was to waive all re quired parking (6 spaces) for the office space
conversion. This request was denied and the appeal of that denial is now before the City Commission.
WAIVER:
Pursuant to LDR Section 4.5.1(E)(3)(b)2., waivers m ay be granted by the Historic Preservation Board
for relief from the number of parking spaces requir ed in Section 4.6.9 upon presentation of confirmati on
that adequate parking for a proposed use may be ach ieved by alternate means which are found to be in
keeping with the provisions and intent of the Delra y Beach Historic Preservation Design Guidelines.
Confirmation that adequate parking can be achieved has not been presented. Past site plan submittals
have been approved which adequately provided the re quired amount of parking and were found to be
appropriate and compatible to the historic property . Further, in 2004, additional options were approve d
to provide for a portion of the parking on-site and a portion via in-lieu. None of these options were
followed up on or completed.
Waiving the required parking spaces altogether will have the potential to adversely affect the
neighboring area in that the required parking for t his private project will utilize public parking spa ces,
thereby reducing the number of public spaces availa ble for other users.
In addition to the above, it should be considered that while relief ma y be granted to the amount of
required parking spaces, the intent of this “benefi t” afforded to historic properties is not to excuse th e
provision of all parking but to provide alternative s. Otherwise, one could conclude that parking on
historic properties converted to office use is not necessary.
It is noted that the parking requirement currently being applied is significantly less than the curren t code
requirement. To understand the intensity of the use s on the site, and what their parking requirement
would be if the site were required to comply with t oday’s parking requirement, the following is noted.
The required parking for each individual use would be: office-4, restaurant-13, multi-family residence -
7, for a total of 24 spaces. The mixed-use parking calculation would require that twenty (20) spaces be
provided, plus the two (2) spaces eliminated from t he garage conversion to office. Utilizing the old c ode
requirements requires that only nine (9) parking sp aces be provided (3 existing and 6 for the garage
conversion).
The current request is to legally establish the afo renoted change of use, and to completely waive the
required six (6) parking spaces. The subject reques t is not supported by Staff nor has it received sup port
from other reviewing Boards. If Commission finds th at the most appropriate manner in which to
maintain the historic integrity of the site is to n ot physically provide any parking spaces, then Staf f
recommends that the property owner be required to m ake payment of all required spaces (6) via the in-
lieu of parking process. This alternative would be the fair approach given that other historic propert ies
converted to commercial use have been obligated to account for their required parking through the
available and appropriate options, including the in -lieu program.
REVIEW BY OTHERS
The Community Redevelopment Agency (CRA) considered the subject request at its March 10, 2011
meeting, where they recommended denial of the waive r to the required parking. The Board also
requested that the item return for further review w hen “a solution is worked out.”
The Downtown Development Authority (DDA) considered the subject request at its March 14, 2011
meeting, where the Board unanimously recommended to “decline” the request to waive all six (6) of the
required spaces. Direction was given to the applica nt to work out an alternative approach with Staff, and
return to the DDA for further review.
The Parking Management Advisory Board (PMAB) consid ered the subject request at its June 28, 2011
meeting, where a recommendation to deny the request as presented. The Board suggested that the
applicant work with Staff and accommodate three (3) spaces on site and provide the balance either
through an off-site parking agreement, or via the i n-lieu of parking fee.
RECOMMENDATION
Deny the appeal, thereby upholding the Historic Pre servation Board’s action of denial.
1
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 85 SE 6 TH AVENUE
1. This waiver request came before the City Commission on October 4,
2011.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the wai ver request to reduce the
required parking for 85 SE 6 th Avenue from six (6) spaces to zero (0) spaces. All of th e
evidence is a part of the record in this case. Required findings are made in accordance
with Subsection I.
I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to grantin g a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of p ublic facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on ot her
property for another applicant or owner.
A. Pursuant to LDR Section 4.5.1(E)(3)(b)2, waivers m ay be granted by the
Historic Preservation Board for relief from the number of parking spaces required in
Section 4.6.9 upon presentation of confirmation that a dequate parking for a proposed
use may be achieved by alternate means which are found to be in keeping with the
provisions and intent of the Delray Beach Historic Preser vation Design Guidelines.
As provided for in the referenced Section above, the applicant has requested a
waiver to the provision of the six (6) required parkin g spaces. The following is an
excerpt from the attached waiver justification statement provided with the request:
“Adequate parking…can be…achieved by alternate means whi ch are consistent
with the provisions and intent of the Delray Beach Hist oric Preservation Design
Guidelines…Thus, the owner is seeking to maintain the hist oric integrity of the site by
allowing the property to exist with 3 spaces on the Pro perty.
2
…the disruption of existing open spaces to provide other wise underutilized
parking would undermine the intent of Ordinance 38-07 and Future Land Use Policy A-
4.2, which mandates that redevelopment shall provide f or the preservation of existing
resources.”
Does the waiver to Section 4.5.1(E)(3)(b)2 to allow a reduction in parking
from six (6) spaces to zero (0) spaces meet all of t he requirements of
2.4.7(B)(5)?
Yes _______ No _______
3. The City Commission has applied the Comprehensive P lan and LDR
requirements in existence at the time the original dev elopment application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and compete nt substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff r eports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Co mmission approves ___
denies ___ the waiver request to LDR Section 4.5.1(E)(3)(b)2.
6. Based on the entire record before it, the City C ommission hereby adopts
this Order this 4 th day of October, 2011, by a vote of _____ in favor a nd ____ opposed.
________________________________
ATTEST: Nelson S. McDuffie, Mayor
________________________________
Chevelle Nubin, City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:CANDI N. JEFFERSON, SENIOR PLANNER
PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING
THROUGH:CITY MANAGER
DATE:September 12, 2011
SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
CONDITIONAL USE REQUEST/EGLISE DE DIEU PRIMITVE DE LA NOUVELL E
JERUSALEM, INC.
ITEM BEFORE COMMISSION
The item before the City Commission is a conditiona l use request to convert an existing 3,335 sq. ft.
duplex residential structure to a church at 614 Mar tin Luther King Jr. Dr. The request is accompanied
by an associated off-site parking lot on existing vacant parcels located on the west side of NW
6 th Avenue, approximately 165 feet south of Martin Luth er King Jr. Drive. This parking lot will require
a waiver to allow more than a 300’ maximum pedestri an path distance to the off-site parking lot, which
is also accompanying this request as a separate age nda item.
BACKGROUND
Parcel 1 contains an existing 3,335 sq. ft. vacant structure situated on 0.1550 acres and was construc ted
in 1976 as a duplex residential building. Parcels 2 & 3 total 0.3771 acres of vacant land and are
proposed as an off-site parking lot at a pedestrian path distance of 322’ away from the Church. All three
(3) parcels will be joined by unity of title.
Parcel 1 is proposed to house Eglise De Dieu Primit ive De La Nouvelle Jerusalem Church which has a
congregation of about 50-80 members and rents a church building for weekly s ervices currently being
held at 414 SW 3 rd St. The proposed development site will be their f irst sanctuary. The three (3) main
services of the Church will be on Friday evenings b etween 8:00 p.m. - 10:30 p.m. and on Sundays from
8:00 a.m. – 11:00 a.m. and 5:00 p.m. – 8:00 p.m. Creole Classes will also be offered for those
parishioners who cannot read the Creole Bible. Thi s training service will be offered two (2) days a
week for two (2) hours a day during the weekdays in the afternoon. Other church functions common
with places of religious assembly may occur from ti me to time such as church bazaars, fundraisers and
various activities around holidays such as Easter a nd Christmas.
Although the existing structure satisfies the minim um required building setbacks for the R-1-A zoning
district, churches are more appropriately located w ithin the Community Facilities (CF) zoning
district. In CF zoning districts churches are a per mitted use (as opposed to conditional use in the R-1-A)
where certain measures helping to insure compatibil ity can be utilized. For example, when a church is
proposed in a CF district and is adjacent to reside ntial zoning, LDR Section 4.4.21.H.2 encourages a 1 5
foot perimeter landscape area, or as an alternative , a wall, a decorative fence, or hedging for aesthe tic
and buffer purposes. The R-1-A zoning does not require nor can they provide thes e mitigating
measures, given the tight, compact nature of the de velopment pattern and the minimal setbacks from
immediately adjoining properties. In addition, the proposed church does not fulfill remaining land use
needs for this area. There are at least twelve (12) churches within a one (1) mile radius of the subje ct
site. Several of these churches share the same deno mination and serve the same cultural background as
this proposed church. Negative impacts of noise and traffic on the adjacent residential properties are
highly probable if a church is established at the s ubject site. The future use and intensity is inappr opriate
and does not comply in terms of these physical cons iderations. Staff has significant concerns on the
impacts to the neighboring residential properties.
REVIEW BY OTHERS
The CRA (Community Redevelopment Agency) made a rec ommendation of denial of the conditional
use request and waivers to establish Eglise De Dieu Primitive De La Nouvelle Jerusalem Church at 614
Martin Luther King Jr. Dr. at their meeting of July 14, 2011.
The Planning and Zoning Board considered the condit ional use request to convert the existing 3,335 sq.
ft. multifamily residential structure to a church a t their meeting of July 18, 2011. The Board
unanimously recommended denial.
Both the CRA and Planning & Zoning Board had concer ns with the potential negative impacts on
abutting residential properties, as well as, traffi c impacts with respect to stacking and parking alon g the
adjacent rights-of-way.
RECOMMENDATION
Deny the conditional use request to convert the existing 3,335 sq. ft. duplex residential structure to a
church, due to a failure to make positive findings with respect to the criteria set forth in Sections 2.4.5
(E)(5) and Chapter 3 of the Land Development Regula tions.
1
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST TO CONVERT A 3,335 SQ. FT. RESIDENTIAL
STRUCTURE TO A CHURCH AT 614 MARTIN LUTHER KING DRI VE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the Ci ty Commission on
October 4, 2011. The conditional use request is to conve rt a 3,335 sq. ft. residential
structure to a church at 614 Martin Luther King Drive.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertainin g to the conditional use
request of the Eglise De Dieu Primitive De La Nouvell e Jerusalem Church. All of the
evidence is a part of the record in this case. Require d findings are made in Sections I
and II below.
I. COMPREHENSIVE PLAN
A. FUTURE LAND USE MAP: The use or structures must be allowed in the
zoning district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map (FLUM) designation of LD (Low
Density Residential, 0-5 Dwelling Units Per Acre) and a zoning designation of R-1-A
(Single Family Residential), which are consistent with e ach other. Pursuant to LDR
Section 4.4.3(D)(2), churches or places of worship and t heir attendant educational,
nursery, Sunday school, recreational and columbarium faci lities, are allowed as
conditional uses.
Are the requirements of the Future Land Use Map met ?
Yes ________ No_________
B. Concurrency : Facilities which are provided by, or through, the C ity shall
be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
2
Are the concurrency requirements met with respect t o water, sewer,
drainage, streets and traffic, parks, open space, s olid waste and
schools?
Yes ________ No_________
C. Consistency: Compliance with performance standards set forth in Chapter
3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency i s to be made. Other objectives
and policies found in the adopted Comprehensive Plan m ay be used in making a finding
of overall consistency.
Are the consistency requirements met such that the proposed
project is complementary to and compatible with adj acent land uses
and the beneficial aspects of the project outweigh the negative
impact of identified points of conflict?
Yes ________ No_________
D. Future Land Use Element Objective A-1: Property sh all be developed or
redeveloped in a manner so that the future use and in tensity is appropriate and
complies in terms of soil, topographic, and other appl icable physical considerations, is
complimentary to adjacent land uses, and fulfills remain ing land use needs.
It is noted that the existing structure satisfies the mini mum required building
setbacks for the R-1-A zoning district. Churches have bee n approved throughout the
northwest and southwest neighborhoods, frequently on Community Facilities (CF)-
zoned properties where churches are a permitted use (as opposed to conditional use in
the R-1-A). CF-zoned properties are frequently locate d adjacent to established
residential neighborhoods with residential zoning, and because of this, contain
measures that help to insure compatibility.
Are the requirements of the Future Land Use Element Objective A-1
met?
Yes ________ No_________
II. LDR REQUIREMENTS
A. Section 2.4.5(E)(5) requires certain findings : The conditional use will
not:
1. Have a significantly detrimental effect upon the st ability of the
neighborhood within which it will be located;
2. Hinder development or redevelopment of nearby properties.
3
Will Section 2.4.5(E)(5) be met?
Yes _________ No_________
3. The City Commission has applied the Comprehensive P lan and LDR
requirements in existence at the time the conditional use application was submitted.
4. The City Commission finds there is ample and compete nt substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff r eports and testimony of witnesses
supporting these findings.
5. Based on the entire record before it, the City Co mmission approves ___
denies ___ the conditional use application subject to th e conditions attached hereto in
Exhibit “A” and hereby adopts this Order this 4 th day of October, 2011, by a vote of
_____ in favor and ____ opposed.
________________________________
Nelson S. McDuffie, Mayor
ATTEST:
_______________________________
Chevelle Nubin
City Clerk
1
EXHIBIT “A”
Conditions Related to the
Eglise De Dieu Primitive De La Nouvelle Jerusalem C hurch
1. A unity of title for all three (3) subject parcels s hall be submitted, approved and
recorded prior to issuance of a certificate of occu pancy to establish the church.
2. The photometrics from Parcel 1 (church building) ar e illegible. They should either
be removed or redrawn at a larger scale for legibili ty. For the church building, the
building entrance, accent pathways and landscape lig hting will be required to
comply with the minimum and maximum footcandle requir ements.
3. Pursuant to LDR Section 4.4.3(D)(2), churches locat ed within the R-1-A zoning
districts do not permit child care or day care as a n accessory use. It must be
approved separately as a conditional use. Approval o f a subsequent conditional
use application to allow child care facilities with in the church shall be required.
4. A subsequent Class III site plan modification shall be required and approved by
SPRAB and certified as approved prior to issuance of a certificate of occupancy
to establish the church.
5. A subsequent signage application is required to be approved prior to installation
of any new signage.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:CANDI N. JEFFERSON, SENIOR PLANNER
PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING
THROUGH:CITY MANAGER
DATE:September 13, 2011
SUBJECT:AGENDA ITEM 9.C.1 - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
WAIVER REQUEST/EGLISE DE DIEU PRIMITIVE DE LA NOUVELLE JERU SALEUM, INC.
ITEM BEFORE COMMISSION
The item before the City Commission is consideratio n of a waiver to LDR Section 4.6.9.E.5.a.1., to
increase the maximum acceptable pedestrian path dis tance to three hundred twenty-two feet (322’) for
an off-site parking lot. The current Land Development Reg ulations (LDRs) limits the maximum
distance to three hundred feet (300’) for all off-s ite parking lots.
BACKGROUND
Parcel 1 contains an existing 3,335 sq. ft. vacant duplex residential structure situated on 0.1550 acr es
which was constructed in 1976. Parcels 2 & 3 total ling 0.3771 acres, are currently vacant and will be
developed as an off-site parking lot (27 spaces). T hese parcels containing the off-site parking will be
322’ away (at their closest point) from the Church while a maximum distance of 300’ is allowed for off -
site parking lots. Pursuant to LDR Section 2.4.7(B)(5), prior to grant ing a waiver, the approving body
shall make a finding that the granting of the waive r:
(a) Shall not adversely affect the neighbori ng area;
(b) Shall not significantly diminish the pro vision of public facilities;
(c) Shall not create an unsafe situation; an d,
(d) Does not result in the grant of a specia l privilege in that the same waiver would be grante d
under similar circumstances on other property for a nother applicant or owner.
Pursuant to LDR Section 4.6.9.E.5.a.1., in instance s where uses do not have sufficient space to
accommodate parking on-site, parking for day-to-day operation may be provided on another property
within three hundred feet (300’) measured along an acceptable pedestrian route. This distance is the
maximum distance pedestrians are expected to transv erse to be deemed conveniently located
parking. While the applicant will argue that it is only 22’ more than is allowed, it is noted that thi s 322 ’
is to the closest corner of the site and someone pa rking in the back of the lot will actually be 492’ or
more from the church. The applicant has provided th e following verbatim justification statement
regarding the waiver request:
“The requested waiver is both nominal in scope and i s the minimum necessary for the Church to make
proper use of its property.“
Additional justification provided by the applicant is attached as a supplement to the staff report. A
waiver to this requirement is not supportable given the impact to the neighborhood during worship
times when parking is likely to occur adjacent to t he right-of-way along NW 6th Avenue and NW 2nd
Street. The extended off-site distance discourages commuters from parking in this off-site parking
area. Under normal circumstances, these spaces woul d be accommodated on site. However, due to the
nonconforming lot size of the church building parce l, this is not feasible. The granting of this waive r
will adversely affect the neighboring area. With th e parking of vehicles on the adjacent more convenie nt
streets, the capacity of the roadways will be signi ficantly diminished due to the inability to travel at
normal speeds and utilize all of the available righ t-of-way to transverse through the neighborhood.
Cars will likely be parallel parked along both side s of both roadways to avoid walking the proposed
322’ to 492’ pedestrian pathway, and this will in turn, create a n unsafe situation. Consequently, positive
findings can not be made in the request to increase the pedestrian route distance from three hundred feet
(300’) to three hundred twenty-two feet (322’) with respect to LDR Section 2.4.7(B)(5).
REVIEW BY OTHERS
The CRA (Community Redevelopment Agency) made a rec ommendation of denial of both the
conditional use request and waiver to establish Eglise De Dieu Primitive De La Nouvelle Jerusalem
Church at 614 Martin Luther King Jr. Dr. at their m eeting of July 14, 2011.
The Planning and Zoning Board considered the condit ional use request and waiver to convert the
existing 3,335 sq. ft. duplex residential structure to a church at their meeting of July 18, 2011. The
Board unanimously recommended denial of both the co nditional use request and the waiver request.
Both the CRA and Planning & Zoning Board had concer ns with the potential negative impacts on
abutting residential properties, as well as, traffi c impacts with respect to stacking along the adjace nt
rights-of-way due to a lack of convenient parking.
RECOMMENDATION
Deny the request for a waiver to LDR Section 4.6.9.E.5.a .1., to increase the maximum acceptable
pedestrian path distance to three hundred twenty-tw o feet (322’) for an off-site parking lot, by adopting
the findings of fact and law contained in the staff report, and finding that the request is inconsistent with
the Comprehensive Plan and does not meet criteria set forth in LDR Section 2.4.7(B)(5) of t he Land
Development Regulations.
1
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST TO EXCEED THE MAXIMUM 300’ DISTANCE FOR
OFF-SITE PARKING LOTS ASSOCIATED WITH
EGLISE DE DIEU PRIMITIVE DE LA NOUVELLE JERUSALEM C HURCH
1. This waiver request came before the City Commission on October 4,
2011.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the wai ver request to exceed the
maximum 300’ distance for off-site parking lots associated with Eglise De Dieu Primitive
De La Nouvelle Jerusalem Church. All of the evidence i s a part of the record in this
case. Required findings are made in accordance with Subse ction I.
I. WAIVER TO MAXIMUM 300’ DISTANCE FOR OFF-SITE PAR KING LOTS:
Per LDR Section 4.6.9(E)(5)(a)(1), in instances where u ses do not have
sufficient space to accommodate parking on-site, parking for day-to-day operation may
be provided on another property within three hundre d feet (300’) measured along an
acceptable pedestrian route. The applicant has requested that this maximum distance
of 300’ be increased to 322’.
Pursuant to LDR Section 2.4.7(B)(5), prior to grantin g a waiver, the approving
body shall make a finding that the granting of the wa iver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of p ublic facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on ot her
property for another applicant or owner.
2
Does the waiver to Section 4.6.9(E)(5)(a)(1) to all ow an increase in the
maximum distance for off-site parking lots from 300 ’ to 322’ meet all the
requirements of 2.4.7(B)(5)?
Yes _______ No _______
3. The City Commission has applied the Comprehensive P lan and LDR
requirements in existence at the time the original dev elopment application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and compete nt substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff r eports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Co mmission approves ___
denies ___ the waiver request to LDR Section 4.6.9(E)(5)(a)(1).
6. Based on the entire record before it, the City C ommission hereby adopts
this Order this 4 th day of October, 2011, by a vote of _____ in favor a nd ____ opposed.
________________________________
ATTEST: Nelson S. McDuffie, Mayor
________________________________
Chevelle Nubin, City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Aronson, Parking Management Specialist
Richard C. Hasko, PE, Director of Environmental Ser vices
THROUGH:David T. Harden, City Manager
DATE:September 29, 2011
SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
GARAGE PARKING SPACE LICENSE AGREEMENT/GLOBAL PARKING SOLUTIONS
ITEM BEFORE COMMISSION
The item before the City Commission is that of appr oving an agreement with Global Parking Solutions
for the use of Forty parking spaces in the Federspi el Garage.
BACKGROUND
The City Commission, at its meeting of September 12 , 2007 entered into a Parking License Agreement
with Boca Parking Systems, Inc., (BPS) for the use of 40 parking spaces in the Federspiel Garage to
accommodate vehicles accepted at the valet parking queue operated on behalf of Sopra Restaurant
located at 110 East Atlantic Avenue.
Prior to this agreement, BPS utilized the 55 space parking lot located on SE 1st Avenue owned by the
Sopra Building. The parking lot was assimilated int o the Worthing Place Development, leaving the valet
queue without parking for the storage of vehicles. In order to facilitate the continuation of the vale t
service, the City entered into the referenced Parki ng License Agreement.
In 2009 BPS underwent reorganization, dissolving th e corporation resulting in the formation of two (2)
entities, Sunshine State Parking and Ameristar Park ing Solutions. Sunshine State Parking retained
management of the subject valet parking queue which included transfer of the existing agreement for
use of the Federspiel Garage.
Effective on or about September 15, 2011 Sunshine S tate Parking has discontinued the management of
the valet queue. Prime Steakhouse, the current lice nsee of the valet parking queue, has negotiated wi th
Global Parking Solutions to operate the queue. Glob al has requested transference of the Federspiel
Parking License Agreement to accommodate vehicles u tilizing the queue. Global has been operating
various valet queues in Delray Beach since 2001, an d is currently operating valet queues for GOL A
Taste of Brazil and Pineapple Groove, and manges th e parking lot at the Ocean City Lumber property.
Interaction with Global and City Staff has been ver y good over the years as they've been responsive to
resolving occasional incidents and portray a positi ve image to Delray Beach visitors using their valet
parking services.
The following modifications have been made to the a greement:
1) Allows for annual automatic renewal in tandem wi th the Valet Parking License
Agreements, including a cancellation clause on the part of the City effective 3 days subsequent to the
mailing of notice and,
2) Immediate revocation of the agreement upon notic e from Licensee of cancellation of the queue.
All other terms and conditions of the agreement rem ain, with spaces at $40 per space, per month,
totaling $1,600 per month, yielding an annual incom e $19,200.
RECOMMENDATION
By motion, approve the agreement with Global Parkin g Solutions for the use of 40 spaces in the
Federspiel Garage to accommodate vehicles using the 110 East Attlantic Avenue valet parking queue,
currently licensed to Prime Steakhouse.
GARAGE PARKING SPACE LICENSE AGREEMENT
THIS AGREEMENT (“The Agreement”) is made this _________ day of
______________________, 2011, by and between the CITY OF DELRAY BEACH , a Florida
municipal corporation (the “CITY ”), and GLOBAL PARKING SOLUTIONS,
("LICENSEE ").
WITNESSETH:
WHEREAS , LICENSEE has requested permission to use a certain number of public
parking spaces, located in the Federspiel Garage, for valet parking; and
WHEREAS , the LICENSEE may utilize the garage parking spaces during the hours
provided herein; and
WHEREAS , in order to use the parking spaces referenced herein, the CITY requires that
LICENSEE enter into this non-exclusive Garage Parking Space License Agreement.
NOW THEREFORE , in consideration of the mutual covenants and conditions contained
in this Agreement, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals . The parties hereby represent and warrant that the
above recitals are accurate and correct and hereby incorporate them in this Ag reement.
2. Parking . The CITY agrees to allow LICENSEE the non-exclusive use of forty
(40) garage parking spaces in the Federspiel Parking Garage and in the area as depicted on
Exhibit “A”. The parking spaces are to be used for valet par king by LICENSEE daily between
the hours of 6:00 p.m. to 2:00 a.m. Monday through Sunday, seven (7) days per week. The gate
for the garage shall be closed at 2:00 a.m., after which no cars s hall be allowed to enter or exit
the garage until opened the following morning at 6:00 a.m. The City Manager or his/her
designee(s), shall enforce the provisions of this agreement, including the location, time, parking
limitations and requirements, and compliance with all applicable laws and ordinances. When
required by law, the enforcement shall be accomplished through pers onnel authorized by law to
enforce the law. The CITY shall not be responsible for any vehicles that are parked in the garage
spaces at any time.
3. Waivers . CITY agrees to waive paragraphs 3 and 14 of LICENSEE’S Parking
License Agreement attached as Exhibit “B” to the extent that the CITY is hereby allowing
2
LICENSEE to utilize the public parking spaces referenced herein. The CITY reserves the right
to enforce those provisions, however, if LICENSEE uses more than the allowed spaces as set
forth in this Agreement.
4. Payment for Parking Queue Spaces . LICENSEE agrees to pay the CITY forty
dollars ($40.00) per month, per parking space by the 5th of each month. A late fee of 5% will be
charged after this date.
5. Signage . The CITY may, in its sole discretion, provide dashboard passes for
LICENSEE’S valet to place inside the vehicles parked in the garage parking spaces. If such
passes are provided by the CITY, LICENSEE forfeits the use any spaces due to lost or
misplaced passes. LICENSEE is responsible to notify the City of any pass(es) lost or mi splaced.
LICENSEE or their agent may not, under any circumstances, create replace ment passes.
Misplaced passes will be replaced by the CITY on the following business day, after notification.
6. Term and Renewal . This Agreement shall automatically renew, for
accounts in good standing, on March 31 st
each year if the City Manager determines, in his sole
discretion, that the renewal is in the best interests of the CITY . The City Manager may
add additional provisions to this agreement upon renewal, including but not l imited to, the
requirement to use an off-duty police officer during the time and dates the City Manager deems
advisable. Accounts in arrears or unable to provide valid insurance at the time of renewal may be
suspended without further notice until required payment or information is received.
7. Revocable License . This Agreement is only a non-exclusive License Agreement
and may be revoked by the CITY at anytime with or without cause during the initial term or any
renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation
shall be effective 3 business days after the date mailed. Agr eement expires immediately upon
cancellation of the Valet Parking License Agreement currently held by Prime Steakhouse or its
successor(s) as LICENSEE of the valet queue.
8.. Compliance with Laws . LICENSEE and his/her employees, agents,
representatives and/or subcontractors agree to comply and adhere to all state laws and local
ordinances regarding traffic and parking that exist or as amended from time to t ime. .
9. Notice . Notices required to be provided pursuant to this Agreement shall be sent
to the following addresses:
To CITY: David T. Harden, City Manager
3
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To LICENSEE: Mr. Alex Ramirez
Global Parking Solutions
________________________
________________________
10. Indemnification . LICENSEE shall protect, defend, indemnify and hold
harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of
action arising during the Term of this Agreement for any personal injury, loss of life and/or
damage to property sustained as a result of the use and occupanc y of the parking spaces by
LICENSEE , its agents, employees, licensees, invitees, and members of the public generally, and
from and against any orders, judgments, and/or decrees which may be e ntered thereon, and from
and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of
any such claim. In the event the CITY shall be made a party to any litigation commenced
against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall
protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees
incurred by the CITY in connection with such litigation, and any appeals thereof.
11. Third Parties . Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this A greement upon any person
other than the parties hereto and their respective heirs, success ors, legal representatives, and
permitted assigns, nor is anything in this Agreement intended to re lieve or discharge the
obligation or liability of any third persons to any party to thi s Agreement, nor shall any provision
thereof give any third person any right of subrogation or action over or against any party to this
Agreement.
12. Clean-up . LICENSEE shall remove and pick up any litter, garbage or other
material that may be deposited in the garage facility as a result of LICENSEE’S activities.
13. Assignment. This Agreement shall not be transferred or assigned without the
express written consent of the CITY , which may be withheld, in the CITY’S sole discretion.
14. Further Assurances . The parties shall from time to time execute and deliver such
other and further instruments and documents and do all matters and things which may be
4
convenient or necessary to more effectively and completely carry out the intent of this
Agreement.
15. Binding Effect . All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the part ies hereto and their
respective heirs, successors, legal representatives, and permitted as signs.
16. Entire Agreement . This Agreement shall constitute the entire agreement of the
parties with respect to the subject matter of it. All pr ior understandings and agreements between
the parties with respect to such matters are merged into thi s Agreement, which alone fully and
completely expresses their understanding.
17. Amendments . This Agreement may not be amended, modified, altered, or
changed in any respect, except by a further agreement in writ ing duly executed by each of the
parties hereto.
18. Insurance . LICENSEE shall provide insurance as set forth on Exhibit “C”.
IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be duly
executed on their behalf this _____ day of __________, 2011.
THE CITY OF DELRAY BEACH ,
ATTEST:
_______________________________ By:_______________________________
City Clerk Nelson S. McDuffie, Mayor
Approved as to form:
________________________________
City Attorney
Global Parking Solutions
By:______________________________
_______________________________
STATE OF ________________
COUNTY OF ______________
The foregoing instrument was acknowledged before me this _____ day of
___________, 2011, by ____________________________, as _________________________
(name of officer or agent, title of officer or agent), of _________________________________
(name of corporation acknowledging), a ________________________(state or place of
incorporation) corporation, on behalf of the corporation. He/She is per sonally known to me or
has produced _______________________ (type of identification) as identification.
__________________________________________
Notary Public – State of Florida
EX
H
I
B
I
T
A
EXHIBIT B
PARKING LICENSE AGREEMENT
THIS AGREEMENT (“The Agreement”) is made this ___ day of __________, 201_, by
and between the CITY OF DELRAY BEACH , a Florida Municipal Corporation (the
“CITY ”), and ____________________________________, a Florida corporation ("LICENSEE ").
WITNESSETH:
WHEREAS , LICENSEE has requested permission to use a certain number of
public parking spaces along Atlantic Avenue and certain side streets for valet
parking queues; and
WHEREAS , in order to use the parking spaces, the CITY requires that
LICENSEE enter into this nonexclusive License Agreement.
NOW THEREFORE , in consideration of the sum of Ten Dollars ($10.00), the mutual
covenants and conditions contained in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby
agree as follows:
1. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and hereby incorporate them in this Agreement.
2. Parking Queues . The CITY agrees to allow LICENSEE the nonexclusive use of ____
(#) parking spaces located __________________________________ for valet parking queues. The
parking spaces are to be used for valet parking queues daily between the hours of _____
p.m. to _____ a.m. on ________________________(___#___ days per week). LICENSEE
acknowledges that the valet parking queues may be unavailable for use during certain special e vents
from time to time (as determined in the CITY's sole discretion) and during the special events, the
license will not be valid. It is also understood by the terms of this Agreement that the va let queue
location may from time to time be relocated by the CITY in its sole discretion after providing thirty
(30) days' written notice to LICENSEE . The LICENSEE and or the Valet shall not restrict the use
of the Valet Queues to only persons using the LICENSEE’S business, but the valet queue shall be
open to anyone wanting to use the valet service offered by LICENSEE . The City Manager or his
designee(s), shall enforce the provisions of this agreement, including the location, time, days of the
valet service, parking limitations and requireme nts, and compliance with all applicable laws
and ordinances. When required by law, the enforcement shall be accomplished through personnel
authorized by law to enforce the law.
EXHIBIT B
3. Parking Locations/Agreements . LICENSEE agrees that LICENSEE and/or its
employees will not park any cars in CITY owned on-street or off-street parking spaces. LICENSEE
further agrees that LICENSEE will provide the CITY with current written assurances and/or a lease
agreement(s) for use of a private parking lot(s). Th e private lot(s) must also comply with minimum
City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current
valet agreements, and a copy of its current insurance certificate as set forth in Exhibi t A. LICENSEE
will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or
blocking the travel ways of any alleyway, public street or parking lot. These assurances
and agreements must be provided upon execution of this License Agreement when there is a change
in any agreement referred to herein or upon the request of the CITY . Failure to comply with these
conditions will be a basis for termination of this License Agreement.
4. Payment fo r Parking Queu e Spaces. LICENSEE agrees to pay the CITY
___________________ dollars ($__.00) per month, per parking queue space utilized by the 10th of
each month. A late fee of 5% will be charged after this date. If more than one License
Agreement is issued for the queues, the fee will be shared proportionately.
5. Maximum Fe e Permitted. At no time shall valet parking fees exceed ten
dollars, ($10.00). An extended stay fee in the amount of $5.00 may be assessed to vehicles
parked in excess of four (4) hours, west of the intracoastal waterway and in excess of two (2) hours
east of intracoastal waterway. Valet prices must be prominently displayed on valet stand and
signage. The base fee for validated customers shall be 50 % of the prevailing rate, not to exceed fi ve
dollars, ($5.00). Extended stay fees are excluded from validation discounts.
6. Validation Programs . Valets shall provide validation programs with neighboring
businesses in one of or combination of the following:
a) Donation o f Spaces: A neighboring business contracts the use of parking
spaces, in reasonable proximity of the valet queue, for use by the valet. Insurance costs for the
spaces provided shall be the responsibility of the entity providing same.
b) Financial Donation : Neighboring businesses contribute towards the total expense
of the City owned valet queue spaces and private parking lot(s), registered with the City
in accordance with the license agreement, in exchange for validation of customer’s
vehicles. In no case shall a contribution exceed the cost of equal expense among all partie s
contributing to the queue (i.e. License holder plus one neighboring business equals a
EXHIBIT B
contribution no greater than 50 %. License holde r plus two neighboring businesses, contribution
equals no greater that 33% each)
c) Coupon Program: License holder shall o ffer the sale of coupons to neighboring
businesses wishing to provide validated parking to customers.
7. Signage . The CITY agrees to post the valet parking queue spaces with valet parking times
and days authorized. Sandwich board signs may not be used to advertise the valet
service. Advertising signs will be allowed as pres cribed by the City's Manager or his designee.
7 a). Pricing Display : All displayed pricing must be no less than three inches (3”)
in height in the same font, color and consistency of associated lettering.
8. Valet Service; Valet Equipment. The LICENSEE'S operator may for the storage of keys
install a moveable, temporary, valet desk on the sidewalk, either public or privat e, during the hours
of valet service so long as the desk does not impede the pedestrian flow.
9. Term and Renewal. This Agreement shall automatically renew, for accounts
in good standing, on March 31
st
each year if the City Manager determines, in his sole discretion, that
the renewal is in the best interests of the CITY . The City Manager may add additional provisions
to this agreement upon renewal, including but not limited to, the requirement to use an off-dut y
police officer during the time and dates the City Manager deems advisable. Accounts in arrears or
unable to provide valid lease(s) and insurance at the time of renewal may be suspende d without
further notice until required payment or information is received.
10. Revocable License. This Agreement is only a nonexclusive License Agreement and may
be revoked by the CITY at anytime with or without cause during the initial term or any renewals
thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective
when mailed. LICENSEE may cancel the agreement by providing written
notice of cancellation no less than 30 days prior to cancellation.
11. Compliance wit h Laws. LICENSEE agrees to comply and adhere to all state laws
and local ordinances regarding parking that exist or as amended from time to time. LICENSEE
further acknowledges that due to the high traffic in this area, double
parking unattended vehicles will not be permitted.
11 a) ADA Compliant Parking: LICENSEE acknowledges that handicapped parking
spaces, in leased parking lots, are subject to statutory regulation and may only be use d for the
parking of vehicles with valid ADA compliant license plate or hanging placard issued by any
EXHIBIT B
state. Direct access must be provided for vehicles unable to be operated by valet att endants, or
customer needing a safe area to unload passengers with disabilities. Regular valet parking fees apply.
12. Notice . Notices required to be provided pursuant to this Agreement shall be sent
to the following addresses:
To CITY: David T. Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
To LICENSEE: ________________________
_________________________
_________________________
_________________________
13. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the
amounts and under the conditions prescribed in Exhibit A which shall at all times
remain current. The City of Delray Beach shall be named an additional insured.
14. Indemnification . In consideration of the payment of Ten Dollars ($10.00), receipt of
which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the
CITY from and against any and all claims, suits, actions, damages and/or causes of acti on arising
during the Term of this Lease for any personal injury, loss of life and/or damage to property
sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of
the parking spaces/queues by LICENSEE , its agents, employees, licensees, invitees, and members of
the public generally, and from and against any orders, judgments, and/or decrees which may be
entered thereon, and from and against all costs, attorney fees, expenses and liabilitie s incurred
in and about the defense of any such claim. In the event the CITY shall be made a
party to any litigation commenced against LICENSEE or by LICENSEE against any
third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless
and pay all costs and attorney's fees incurred by the CITY in
connection with such litigation, and any appeals thereof.
15. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any person
other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relie ve or
EXHIBIT B
discharge the obligation or liability of any third pers ons to any party to this Agreement, nor shall any
provision thereof give any third person any right of subrogation or action over or against any party
to this Agreement.
16. Penalties for Violations/Termination . Penalties will be imposed upon the
LICENSEE for:
(1) Valet parking of cars in either onstreet or offstreet public parking spaces; and/or
(2) Valet parking of cars in the designated parking queues; and/or
(3) Expanding the designated parking queues area.
The penalty schedule for the above violations is as follows:
1st violation – warning
2nd violation - $200
3rd violation - $500
4th violation - Termination of License Agreement
Notices of violation will be written by a Police Department representative and will be
sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty
(30) days of receipt of the notice will result in termination of the agreement.
LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may
terminate this nonexclusive License Agreement without cause or for cause. LICENSEE will at all
times comply with the City's policy/procedure for use of public parking spaces/queues which
shall change from time to time subject to the sole discretion of the City.
17. Taxes . LICENSEE shall pay and comply with all laws regarding taxes, levies,
assessments, fees and charges, including, but not limited to gross receipts, taxe s, use taxes,
property taxes, and sales taxes that may be imposed.
18. Assignment. This Agreement shall not be transferred or assigned without the
express written consent of the CITY , which the CITY may withhold grants in its sole discretion.
19. Further Assurances . The parties shall from time to time execute and deliver such other
and further instruments and documents and do all matters and things which may be
convenient or necessary to more effectively and comp letely carry out the intent of this Agreement.
20. Binding Effect . All of the terms and provisions of this Agreement shall be binding
upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
21. Entire Agreement. This Agreement shall constitute the entire agreement of the parties
EXHIBIT B
with respect to the subject matter of it. All prio r understandings and agreements between the parties
with respect to such matters are merged into this Agreement, which alone fully and c ompletely
expresses their understanding.
EXHIBIT B
22. Amendments . This Agreement may not be amended, modified, altered, or charged in any
respect, except by a further agreement in writing duly executed by each of the parties hereto.
IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be duly
executed on their behalf this _____ day of __________, 201_.
THE CITY OF DELRAY BEACH ,
ATTEST: a Florida Municipal Corporation
_______________________________ By:_______________________________
City Clerk Nelson S. McDuffie
Approved as to form:
_______________________________
City Attorney
LICENSEE
By:______________________________
(CORPORATE SEAL) Name Printed:_____________________
Title:_____________________________
STATE OF ________________
COUNTY OF ______________
The foregoing instrument was acknowledged before me this _____ day of
___________, 201_, by ____________________________, as _________________________ (name
of officer or agent, title of officer or agent), of _________________________________ (name of
corporation acknowledging), a ________________________(st ate 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.
_____________________________
Signature of Notary Public –
State of Florida
EXHIBIT B
EXHIBIT A
INSURANCE REQUIREMENTS FORM
1 Workers' Compensation per the Statutory limits of the State of Florida to include Employer's
Liability Insurance with limits of at least $100,000/$500,000/$100,000.
2 Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence
to protect the City against all risks of injury to persons (including death) or damage to
property wherever located resulting from any action or operation under the contract or in
connection with the work. This policy is to provide coverage for premises/operations
including auto liability, independent contractors, broad form contractual liability,
products/completed operations.
3 Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual
aggregate of $500,000.
4 Automobile Liability of at least $300,000 combined single limits per occurrence for
owned/nonowned/hired automobiles connected with the business.
5 The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional
insured on the liability policies; and it must be stated on the certificate.
6 Thirty (30) days written cancellation notice required.
7 Best's guide rating B+, VIII or better, latest edition.
5
EXHIBIT C
INSURANCE REQUIREMENTS FORM
1. Workers' Compensation per the Statutory limits of the State of Florida to include
Employer's Liability Insurance with limits of at least $100,000/$100,000/$500,000.
2. Garage Liability Insurance of at least $1,000,000 combined single li mits per occurrence
to protect the City against all risks of injury to persons (i ncluding death) or damage to
property wherever located resulting from any action or operati on under the contract or in
connection with the work. This policy is to provide coverage for prem ises/operations
including auto liability, independent contractors, broad form contractual liability,
products/completed operations.
3. Garage Keepers Insurance with limits of no less than $60,000 per a uto, with an annual
aggregate of $500,000.
4. Automobile Liability of at least $300,000 combined single limits per occurrence for
owned/non-owned/hired automobiles connected with the business.
5. The City of Delray Beach must be named as additional insured on t he liability policies;
and it must be stated on the certificate and endorsed on insurance policies.
6. Thirty (30) days written cancellation notice required.
7. Best's guide rating A-, VII or better, latest edition.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 27, 2011
SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
APPOINTMENT TO THE BOARD OF ADJUSTMENT
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Board of Adjustment.
BACKGROUND
There is a vacancy on the Board of Adjustment due t o alternate member, Ms. Dale Miller, being
appointed for regular membership. An appointment is needed for one (1) alternate member.
The Board of Adjustment shall consist of five (5) r egular members. In addition, there shall be two (2)
alternate members. To qualify for appointment, a pe rson shall be either a resident of or own property in
the City, and/or own a business within the City.
The following individual has submitted an applicati on and would like to be considered for appointment:
Brenda Cullinan
Kenneth Nordt
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and he is registered.
Based on the rotation system, the appointment will be made by Commissioner Alperin (Seat #2) for one
(1) alternate member to serve an unexpired term end ing August 31, 2013.
RECOMMENDATION
Recommend appointment of one (1) alternate member t o serve on the Board of Adjustment for an
unexpired term ending August 31, 2013.
BOARD OF ADJUSTMENT
09/11
TERM EXPIRES REGULAR MEMBERS OCCUPATION
08/31/13
Appt 08/16/11
Harvey Starin
Real Estate Broker
08/31/2012
Appt 08/19/09 alt
Unexp Appt 02/16/2010 reg
Reappt 09/07/10
Mel Pollack
Retired- Security
08/31/2012
Appt 08/16/11 alt
Unexp Appt 09/20/11
Dale Miller
Interior Desginer
08/31/2012
Unexp Appt 05/17/11
Allen Kilik
Retired-CEO
08/31/2013
Unexp Appt 06/07/11
Appt 08/16/11 reg
Michael Park
Attorney
ALTERNATES
08/31/13
Unexp Appt
Vacant
08/31/2013
Unexp Appt 05/25/10 alt
Appt 08/16/11 reg
Isabelle Alarie
Principal-Landscape Architect
Contact: Venice Cobb x-7056 Send Agenda to: Al Be rg, Donna Quinlan & Brian Shutt
Fax final Board Order to Chairperson for signa ture.
S/City Clerk/Board 11/Board of Adjustment
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 27, 2011
SUBJECT:AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ments to the Delray Beach Housing Authority.
BACKGROUND
The term for regular member, Ms. Christel Silver, w ill expire on October 27, 2011. Ms. Silver will hav e
served one (1) full term, is eligible and would lik e to be considered for reappointment. Secondly, Mr.
Shelly Weil resigned effective August 9, 2011 creat ing a vacancy. Appointments are needed for two (2)
regular members.
Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City.
The following individuals have submitted applicatio ns and would like to be considered for appointment:
(See Exhibit “A” attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered.
According to Florida Statutes, members are appointe d by the Mayor and ratified by the Commission.
However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each
Commissioner would, on an informal basis and accord ing to the rotation procedure, make a
recommendation to the Mayor as to the Housing Autho rity appointees.
Based on this system, the recommendation/appointmen t will be made by Commissioner Gray (Seat #4)
for one (1) regular member to serve an unexpired te rm ending July 14, 2014, and Mayor McDuffie (Seat
#5) for one (1) regular member to serve a four (4) year term ending October 27, 2015.
RECOMMENDATION
Recommend appointment of one (1) regular member to serve on the Delray Beach Housing Authority
for an unexpired term ending July 14, 2014, and one (1) regular member to serve a four (4) year term
ending October 27, 2015.
DELRAY BEACH HOUSING AUTHORITY
4 YEAR TERM
600 N. Congress Avenue, Suite 310B
Delray Beach, FL 33445
08/11
TERM
EXPIRES
REGULAR MEMBERS
07/14/2012
Unexpired Appt 10/21/08
Joseph Hepp, Chair
07/14/2014
Unexp Appt
Vacant
07/14/2014
Unexp Appt 07/10/07
Reappt 07/06/10
Sylvia Morris
07/14/2013
Appt 07/07/09
Shelly Petrolia
10/27/2011
Appt 11/6/07
Christel Silver, Vice Chair
03/06/2014
Unexp Appt 10/05/10
Guarn Sims
07/14/2014
Unexp Appt 05/19/09
Reappt 07/06/10
Choli Aronson
Director: Dorothy Ellington
Contact: Jackie Fernandez 272-6766 X-18
jfernandez@dbha.org
Housing Authority Fax 278-4937
272-7352
S/City Clerk/Board 10/Delray Beach Housing
DELRAY BEACH HOUSING AUTHORITY
EXHIBIT A
Marcia Beam
Joseph Bernadel
Nayda Cottone-Ovadia (currently serving on the Nuisance Abatement Board )
Edward Desmond
Joe Farkas
Philip Friedman
Pearl Markfield Elrod
Dorothy Payne
Christel Silver Incumbent
Morris Weinman
Alan Weitz
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Pape, AICP, FCP, Senior Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:September 28, 2011
SUBJECT:AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
ORDINANCE NO. 36 -11/ (FIRST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
The action requested of the City Commission is cons ideration of a privately initiated text amendment t o
LDR (Land Development Regulation) Section 4.4.9(B)(4)(a)[General Commercial – Principal Uses]
and Section 4.4.13(B)(3)(a)[Central Business Distri ct – Principal Uses] to clarify that bicycles witn an
electric-helper motor are the only motorized equipm ent permitted in the “Rental of Sporting Goods
Equipment” use category.
BACKGROUND
The proposed text amendment is related to the estab lishment of The Electric Experience at 1047 East
Atlantic Avenue. This business wants to rent bicycl es that have electric-helper motors to the general
public at this site. The current rental of sporting goods and equipment category is limited to non-
motorized goods and equipment. As the rental of mot orized sporting goods is not currently allowed in
the CBD or GC zoning districts, the applicant has s ubmitted this privately-initiated LDR text
amendment. It is noted that the applicant has also submitted a conditional use application for Segway
sales and tours at this site and a request that the City modify the Code of Ordinances definition of
“bicycle” to include the electric-helper motor vers ions of bicycles.
REVIEW BY OTHERS
The proposed text amendment was reviewed by the CRA (Community Redevelopment Agency) at its
meeting of September 8, 2011 which recommended appr oval. The DDA (Downtown Development
Authority) considered the proposed text amendment a t its meeting of September 12, 2011 and
recommended approval. At its meeting of September 1 3, 2011, the WARC (West Atlantic
Redevelopment Coalition) considered the proposed te xt amendment and recommended approval and
expressed concerns with the use of these devices on the public sidewalk.
Planning and Zoning Board:
The Planning and Zoning Board considered the propos ed LDR text amendment at its meeting of
September 19, 2011 and recommended approval (6 to 1 vote, Mr. Jacquet dissenting). Mr. Jacquet
indicated that the rental of motorized bicycles is not consistent with the vision of the City.
RECOMMENDATION
By motion, approve the text amendment to clarify t hat “bicycles with an electric-helper motor” are the
only motorized equipment permitted in the “rental o f sporting goods and equipment” use category in the
GC [LDR Section 4.4.9(B)(4)(a)] and CBD [4.4.13(B)(3)(a)] zoning districts,by adopting the findings
of fact and law contained in the Staff Report and f inding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5).
ORDINANCE NO. 36-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.9 “GENERAL
COMMERCIAL (GC) DISTRICT”, SUBSECTION 4.4.9(B), “PR INCIPAL
USES AND STRUCTURES PERMITTED”; AND SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.1 3(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED"; TO CLARI FY
THAT BICYCLES WITH AN ELECTRIC-HELPER MOTOR ARE THE
ONLY MOTORIZED EQUIPMENT PERMITTED IN THE “RENTAL
OF SPORTING GOODS AND EQUIPMENT” USE CATEGORY
WITHIN THE GC AND CBD ZONING DISTRICTS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planni ng and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 19, 2011 and voted 6 to 1 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c ), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determine d that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Pla n; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISS ION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorpo rated herein.
Section 2. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(B),
"Principal Uses and Structures Permitted," of the L and Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be amended to read as follows:
(B) Principal Uses and Structures Permitted: The followi ng are allowed within the GC District as
2 ORD. NO. 36-11
permitted uses, except as modified in the Four Corners Overl ay District by Section 4.4.9(G)(3)(a).
(1) General retail uses and/or facilities, including, bu t not limited to:
(a) Antiques, arts and crafts, automotive parts, ba ked goods, books, carpet and
floor covering, cheeses, beer, wine, liquor, confec tioneries, cosmetics, meats,
draperies and slipcovers, pharmacies, electrical fi xtures and supplies, fabrics,
fish, flowers and plants, fruits and vegetables, fo od, garden supplies, gifts,
glassware, hardware and paints, home furnishings, i ce cream, lawn care
equipment, leather goods, luggage, medical and surg ical equipment, music
and musical instruments, nautical supplies, office furniture equipment and
supplies, pets and pet supplies, photographic equip ment and supplies, sewing
supplies, sporting goods, toys, wearing apparel and accessories, appliances,
bicycles, business machines, jewelry.
(2) Business, Professional, and Medical uses including , but not limited to:
(a) Interior decorating, medical and dental clinics , medical and dental
laboratories, photographic studios, printing and pu blishing, business offices,
professional offices, and medical offices.
(3) Contractor's Offices, including but not limited to:
(a) Air conditioning, general contractor, electrica l, painting, and plumbing;
however, any outside storage of materials is prohibited.
(4) Services and Facilities including, but not limited to :
(a) Auctions, barber and beauty shops and salons, c aterers, dry cleaning limited
to on-site processing for customer pickup only, dry cleaning and laundry
pickup stations, financing e.g. banks and similar i nstitutions including drive-
through facilities, laundromats limited to self-ser vice facilities, pet grooming,
restaurants including drive-in and drive-through, t ailoring, tobacconist,
vocational schools limited to arts and crafts, busi ness, beauty, dancing,
driving, gymnastics, photography, modeling, and kar ate-judo, small item
repair, and rental of sporting goods and equipment (such as but not limited
to bicycles, skates, boogie boards). With the excep tion of bicycles with an
electric-helper motor as defined in section 72.02, Delray Beach Code of
Ordinances, all rented sporting goods must be non-motorize d.
(b) Abused spouse residence with forty (40) or fewe r residents, galleries,
broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g.
3 ORD. NO. 36-11
gyms and clubs, indoor shooting ranges, museums, li braries, newsstands,
commercial or public parking lots and parking garag es, theaters excluding
drive-ins.
(5) Dwelling units and residential licensed service prov ider facilities in the same structure
as commercial uses provided that: commercial uses m ust be provided on the ground floor;
commercial uses on the ground floor must occupy no less than 25% of the total structure excluding
square footage devoted to vehicular use; residentia l uses are not located on the ground level;
residential uses and non-residential uses are physi cally separated and have separate accessways; and
the residential density does not exceed 12 units pe r acre, except the Four Corners District which
may have a free standing residential building as pa rt of a multi-building unified master plan or the
residential component may be a part of a single mix ed use building. The density of the Four Corners
Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under
Section 4.4.9 (G)(3)(d)(4).
(6) Astrologists, clairvoyants, fortune tellers, p almists, phrenologists, psychic readers,
spiritualists, numerologists and mental healers, su bject to the locational restrictions of Section
4.4.9(H)(3).
(7) Group Home, Type 1, pursuant to restrictions set fort h in Section 4.3.3(I).
Section 3 . That Section 4.4.13, "Central Business (CBD) Dis trict", Subsection 4.4.13(B), "Principal
Uses and Structures Permitted," of the Land Development Reg ulations of the Code of Ordinances
of the City of Delray Beach, Florida, be amended to read as fo llows:
(B) Principal Uses and Structures Permitted: The followin g types of use are allowed within the
CBD District as a permitted use:
(1) General retail uses and/or facilities, including, bu t not limited to:
(a) Antiques, arts and crafts, automotive parts, ba ked goods, books, carpet and
floor covering, cheeses, beer, wine, liquor, confec tioneries, cosmetics, meats,
draperies and slipcovers, pharmacies, electrical fi xtures and supplies, fabrics,
fish, flowers and plants, fruits and vegetables, fo od, garden supplies, gifts,
glassware, hardware and paints, home furnishings, i ce cream, lawn care
equipment, leather goods, luggage, medical and surg ical equipment, music
and musical instruments, nautical supplies, office furniture equipment and
supplies, pets and pet supplies, photographic equip ment and supplies, sewing
supplies, sporting goods, toys, wearing apparel and accessories, appliances,
bicycles, business machines, jewelry.
(2) Business, Professional and Medical uses pursuant to restrictions set forth in Section
4 ORD. NO. 36-11
4.4.13(H)(1) including, but not limited to:
(a) Interior decorating, medical and dental clinics , medical and dental
laboratories, photographic studios, printing and pu blishing, business, medical
and professional offices.
(3) Services and facilities including, but not limited to :
(a) Auctions, barber and beauty shops and salons, c aterers, dry cleaning limited
to on-site processing for customer pickup only, dr y cleaning and laundry
pickup stations, laundromats limited to self-servic e facilities, pet grooming,
restaurants excluding drive-in and drive-through, o utdoor cafes, tailoring,
tobacconist, vocational schools limited to arts and crafts, business, beauty,
dancing, driving, gymnastics, photography, modeling , and karate-judo, small
item repair, and rental of sporting goods and equip ment (such as but not
limited to bicycles, skates, boogie boards). With t he exception of bicycles
with an electric-helper motor as defined in section 72.02, Delray Beach Code
of Ordinances, all rented sporting goods must be non-motori zed.
(b) Galleries, broadcast studios, butcher shops, co cktail lounges, exercise
facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or
public parking lots and parking garages.
(c) Public open space plazas
(4) Multi-family dwelling units, including residen tial licensed service provider facilities,
but excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West
Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units
per acre.
(5) Hotels, motels, and residential-type inns except in t he West Atlantic Neighborhood.
(6) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities, up to a
maximum density of thirty (30) units per acre excep t for the West Atlantic Neighborhood or Beach
District, where the maximum density is twelve (12) dwellin g units per acre.
(7) Bed and Breakfast Inns, except in the West Atlantic Nei ghborhood, subject to the
provisions of Section 4.3.3(Y).
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remai nder hereof as a whole or part thereof other than
5 ORD. NO. 36-11
the part declared to be invalid.
Section 5. That all ordinances or parts of ordinan ces in conflict herewith be, and the same
are hereby repealed.
Section 6. That this ordinance shall become effect ive immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second an d final reading on this the ___
day of _________________________, 2011.
____________________________________
ATTEST MAYOR
____________________________________
City Clerk
First Reading_________________________
Second Reading_______________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 22, 2011
SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
ORDINANCE NO. 32 -11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing amending Chapter 51, "Garbage and Trash", of
the City Code of Ordinances by amending Section 51.70, “Regular Charges Levied”, to provide for
increased residential and commercial collection ser vice rates for FY 2012.
BACKGROUND
Garbage, recycling, yard trash, bulk trash, and com mercial container fees are being adjusted as requir ed
by formulas in our franchise agreement with Waste M anagement.
1. Residential customers should see approximately a 7.7% increase in their rates due to a 4.0% increas e
in the CPI and a change in the fuel surcharge credi t from minus 6% to minus 2%.
2. Commercial collection rates were also adjusted b y the CPI, fuel surcharge, and the disposal rate
increase imposed by the Solid Waste Authority.
All rate changes have been reviewed and approved by Waste Management in accordance with
ourcontract. These rates go into effect October 5, 2011.
At the first reading on September 20, 2011, the Com mission passed Ordinance No. 32-11.
RECOMMENDATION
Recommend approval of Ordinance No. 32-11 on second and final reading.
ORDINANCE NO. 32-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51,
"GARBAGE AND TRASH", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION
51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR
INCREASED RESIDENTIAL AND COMMERCIAL
COLLECTION SERVICE RATES FOR FY 2012; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds it necessary an d appropriate to increase the
collection rates for sanitation services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section
51.70, "Regular Charges Levied", of the Code of Ord inances of the City of Delray Beach, Florida, is
hereby amended to read as follows:
Section 51.70 REGULAR CHARGES LEVIED.
The following service charges or fees are levied f or collection service, unless the City
has approved a different type of service and then e ach unit/development shall be billed in accordance
with the type of service that it is receiving:
Charges for the below-described collection service shall be as follows and shall commence when a
certificate of occupancy is issued by the City for any residential or commercial units, and shall cont inue
monthly thereafter unless service is discontinued in accor dance with Section 51.73:
(A) Residential Service (Single Family Homes, Duplexe s, Triplexes,
Quadplexes and Mobile Homes):
Curbside Roll-Out Carts
Monthly Service Cost Per Unit
Garbage Collection $5.80 $6.30
Recycling $2.36 $2.56
ORD. NO. 32-11 2
Yard Trash $2.36 $2.56
Total Fees--Contractor $10.52 $11.42
Cart Replacement .90
Administrative Fee .35
Franchise Fee (10%) $1.05 $1.14
Less C & D Credit -0.20
Total Fees $12.62 $13.61
Rear-Door Owner Container
Monthly Service
Cost
Per
Unit
Garbage Collection $15.27 $16.57
Recycling $2.36 $2.56
Yard Trash $2.36 $2.56
Total Fees--Contractor $19.99 $21.69
Administrative Fee 0.35
Franchise Fee (10%) 2.00 $2.17
Less C & D Credit -0.20
Total Fees $22.14 $24.01
Curbside Disposable Bags With Vegetative Waste and Bulk Tr ash Pickup
Monthly Service
Cost
Per
Unit
ORD. NO. 32-11 3
Garbage/Trash Collection $3.92 $4.26
Recycling $2.36 $2.56
Yard Trash $2.36 $2.56
Total Fees--Contractor $8.64 $9.38
Administrative Fee 0.35
Franchise Fee (10%) 0.86 $0.94
Less C & D Credit -0.20
Total Fees $9.85 $10.47
(B) Multi-Family Service
Multiple-family dwelling units containing five (5) units or more shall use containers
emptied by mechanical means, except as otherwise ap proved by the City because of lack of suitable
space for a mechanical container or other good reas on. Multiple-family monthly fees shall be based on
a per-unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse
generated requires more than two (2) pickups per we ek, then the third and all subsequent collections
shall be charged by the Contractor at the commercia l collection rate only. If using roll out carts loc ated
within enclosures for multi-family collection servi ce, in addition to the monthly total fee (based on the
number of units) paid to the City, the Contractor i s permitted to charge a roll-out rate that shall be the
same as rollout cart service for commercial custome rs listed in Exhibit 1, Special Services, of the
franchise agreement. If the Contractor furnishes t he roll-out carts, as approved by the City, then a
monthly fee of $1.00 per cart may be charged by the Contracto r directly to the customer.
Collection & Hauling
Rate Per Unit
Monthly Service
Monthly
Cost
Per Unit
Refuse Collection $2.93 $3.18
Recycling 2.36 $2.56
ORD. NO. 32-11 4
Total Per-Unit Fee--Contractor $5.29 $5.74
Administrative Fee 0.35
Franchise Fee (10%) 0.53 $0.57
Less C & D Credit -0.10
Total Monthly Fees Per Unit $6.07 $6.56
(C) Commercial Service
(1) Commercial customers shall use mechanical container s or rollout carts. Commercial customers
shall include all customers other than residential or multi-family customers. Commercial customers
may use any of the following containers for accumulation of r efuse:
(a) Rollout Carts. The City shall require any commercial customer nee ding more than six (6)
rollout carts to use mechanical containers, if feasible.
(b) Mechanical Containers.
(2) The owners/operators of commercial establishments a nd other commercial customers shall
accumulate such refuse in those locations mutually agreed upon by the owner/operator and the
City or its contractor, and which are convenient for collect ion by the City or its contractor.
(3) Mechanical containers emptied by mechanical means s hall be provided by the contractor. These
containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its
contractor, but not less than one day a week nor more than sev en days a week.
(4) Commercial customers needing six (6) or less rollou t carts, and those approved for this type of
service by the City in advance because they lack a suitable location for a mechanical container, shall
be serviced at least once per week. All garbage and commercial trash shall be collected from such
refuse containers at locations agreed to between th e City or its contractor and the customer. The
charge shall be based upon the following schedule:
ORD. NO. 32-11 5
Commercial Rates (Monthly)
Container
Size Container Pickup Frequency (Per Week)
1 2 3 4 5 6 7
2 Yard
Collection
41.02
44.43
82.04
88.85
123.06
133.28
164.08
177.70
205.10
222.13
246.12
266.55
287.14
310.98
Disposal 24.35 48.71 73.06 97.41 121.77 146.12 170 .47
Container
Maintenance
Fee
19.40 19.40 19.40 19.40 19.40 19.40 19.40
Total
Contractor
Fees
84.77
88.18
150.15
156.96
215.52
225.74
280.89
294.51
346.27
363.30
411.64
432.07
477.01
500.85
Franchise Fee
(10%) 8.48 8.82 15.02
15.70
21.55
22.57
28.09
29.45
34.63
36.33
41.16
43.21
47.70
50.09
Administrative
Fee .35 .35 .35 .35 .35 .35 .35
Total Fees 93.60
97.35
165.52
173.01
237.42
248.66
309.33
324.31
381.25
399.98
453.15
475.63
525.06
551.29
3 Yard
Collection
61.53
66.64
123.06
133.28
184.59
199.92
246.12
266.56
307.65
333.20
369.18
399.84
430.71
466.48
Disposal 36.53 73.06 109.59 146.12 182.65 219.18 2 55.71
Container
Maintenance
Fee
21.44 21.44 21.44 21.44 21.44 21.44 21.44
Total
Contractor
Fees
119.50
124.61
217.56
227.78
315.62
330.95
413.68
434.12
511.74
537.29
609.80
640.46
707.86
743.63
Franchise Fee
(10%)
11.95
12.46
21.76
22.78
31.56
33.10
41.37
43.41
51.17
53.73
60.98
64.05
70.79
74.36
Administrative .35 .35 .35 .35 .35 .35 .35
ORD. NO. 32-11 6
Fee
Total Fees 131.80
137.42
239.67
250.91
347.53
364.40
455.40
477.88
563.26
591.37
671.13
704.86
779.00
818.34
4 Yard
Collection
82.03
88.85
164.06
177.70
246.09
266.55
328.12
355.40
410.15
444.25
492.18
533.10
574.21
621.95
Disposal 48.71 97.41 146.12
194.83 243.53 292.24 340.95
Container
Maintenance
Fee
22.21 22.21 22.21 22.21 22.21 22.21 22.21
Total
Contractor
Fees
152.95
159.77
283.68
297.32
414.42
434.88
545.16
572.44
675.89
709.99
806.63
847.55
937.37
985.11
Franchise Fees
(10%)
15.30
15.98
28.37
29.73
41.44
43.49
54.52
57.24
67.59
71.00
80.66
84.76
93.74
98.51
Administrative
Fee .35 .35 .35 .35 .35 .35 .35
Total Fees 168.60
176.10
312.40
327.40
456.21
478.72
600.03
630.03
743.83
781.34
887.64
932.66
1031.46
1083.97
6 Yard
Collection
123.05
133.28
246.10
266.56
369.15
399.84
492.20
533.12
615.25
666.40
738.30
799.68
861.35
932.96
Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42
Container
Maintenance
Fee
25.53 25.53 25.53 25.53 25.53 25.53 25.53
Total
Contractor
Fees
221.64
231.87
417.75
438.21
613.86
644.55
809.97
850.89
1006.08
1057.23
1202.19
1263.57
1398.30
1469.91
Franchise Fee
(10%)
22.16
23.19
41.78
43.82
61.39
64.46
81.00
85.09
100.61
105.72
120.22
126.36
139.83
146.99
Administrative .35 .35 .35 .35 .35 .35 .35
ORD. NO. 32-11 7
Fee
Total Fees 244.15
255.41
459.88
482.38
675.60
709.36
891.32
936.33
1107.04
1163.30
1322.76
1390.28
1538.48
1617.25
8 Yard
Collection
164.07
177.70
328.14
355.40
492.21
533.10
656.28
710.80
820.35
888.50
984.42
1066.20
1148.49
1243.90
Disposal 97.41 194.83 292.24 389.65 487.07 584.48 681.89
Container
Maintenance
Fee
27.09 27.09 27.09 27.09 27.09 27.09 27.09
Total
Contractor
Fees
288.57
302.20
550.08
577.32
811.54
852.43
1073.02
1127.54
1334.51
1402.66
1595.99
1677.77
1857.47
1952.88
Franchise Fee
(10%)
28.86
30.22
55.01
57.73
81.15
85.24
107.30
112.75
133.45
140.27
159.60
167.78
185.75
195.29
Administrative
Fee .35 .35 .35. .35 .35 .35 .35
Total Fees 317.78
332.77
605.42
635.40
893.04
938.02
1180.67
1240.64
1468.31
1543.28
1755.94
1845.90
2043.57
2148.52
Commercial Front-Load Compacting Containers
Container
Size Pickup Frequency (Per Week)
1 2 3 4 5 6 7
2 Yard
Collection
52.94
55.51
105.88
111.02
158.82
166.53
211.76
222.04
264.70
277.55
317.64
333.06
370.58
388.57
Disposal 61.10
73.06
122.20
146.12
183.30
219.18
244.40
292.24
305.50
365.30
366.60
438.36
427.70
511.42
Total
Contractor Fee
114.04
128.57
228.08
257.14
342.12
385.71
456.16
514.28
570.20
642.85
684.24
771.42
798.28
899.99
Franchise Fee
(10%)
11.40
12.86
22.81
25.71
34.21
38.57
45.62
51.43
57.02
64.29
68.42
77.14
79.83
90.00
Administrative .35 .35 .35 .35 .35 .35 .35
ORD. NO. 32-11 8
Fee
Total Fee 125.79
141.78
251.24
283.20
376.68
424.63
502.13
566.06
627.57
707.49
753.01
848.91
878.46
990.34
3 Yard
Collection
79.42
83.27
158.84
166.54
238.26
249.81
317.68
333.08
397.10
416.35
467.52
499.62
555.94
582.89
Disposal 91.65
109.59
183.30
219.18
274.95
328.77
366.60
438.36
458.25
547.95
549.90
657.54
641.55
767.13
Total
Contractor Fee
171.07
192.86
342.14
385.72
513.21
578.58
684.28
771.44
855.35
964.30
1026.42
1157.16
1197.49
1350.02
Franchise Fee
(10%)
17.11
19.29
34.21
38.57
51.32
57.86
68.43
77.14
85.54
96.43
102.64
115.72
119.75
135.00
Administrative
Fee
.35 .35 .35 .35 .35 .35 .35
Total Fee 188.53
212.50
376.70
424.64
564.88
636.79
753.06
848.93
941.24
1061.08
1129.41
1273.23
1317.59
1485.37
4 Yard
Collection
105.89
111.02
211.78
222.04
317.67
333.06
423.56
444.08
529.45
555.10
635.34
666.12
741.23
777.14
Disposal 122.20
146.12
244.40
292.24
366.60
438.36
488.80
584.48
611.00
730.60
733.20
876.72
855.40
1022.84
Total
Contractor Fee
228.09
257.14
456.18
514.28
684.27
771.42
912.36
1028.56
1140.45
1285.70
1368.54
1542.84
1596.63
1799.98
Franchise Fee
(10%)
22.81
25.71
45.62
51.43
68.43
77.14
91.24
102.86
114.05
128.57
136.85
154.28
159.66
180.00
Administrative
Fee
.35 .35 .35 .35 .35 .35 .35
Total Fee 251.25
283.20
502.15
566.06
753.05
848.91
1003.95
1131.77
1254.85
1414.62
1505.74
1697.47
1756.64
1980.33
6 Yard
Collection
158.83
166.53
317.66
333.06
476.49
499.59
635.32
666.12
794.15
832.65
952.98
999.18
1111.81
1165.71
Disposal 183.30
219.18
366.60
438.36
549.90
657.54
733.20
876.72
916.50
1095.90
1099.80
1315.08
1283.10
1534.26
Total
Contractor Fee
342.13
385.71
684.26
771.42
1026.39
1157.13
1368.52
1542.84
1710.65
1928.55
2052.78
2314.26
2394.91
2699.97
Franchise Fee
(10%)
34.21
38.57
68.43
77.14
102.64
115.71
136.85
154.28
171.07
192.86
205.28
231.43
239.49
270.00
Administrative .35 .35 .35 .35 .35 .35 .35
ORD. NO. 32-11 9
Fee
Total Fee 376.69
424.63
753.04
848.91
1129.38
1273.19
1505.72
1697.47
1882.07
2121.76
2258.41
2546.04
2634.75
2970.32
8 Yard
Collection
211.78
222.04
423.56
444.08
635.34
666.12
847.12
888.16
1058.90
1110.20
1270.68
1332.24
1482.46
1554.28
Disposal 244.40
292.24
488.80
584.48
733.20
876.72
977.60
1168.96
1222.00
1461.20
1466.40
1753.44
1710.80
2045.68
Total
Contractor Fee
456.18
514.28
912.36
1028.56
1368.54
1542.84
1824.72
2057.12
2280.90
2571.40
2737.08
3085.68
3193.26
3599.96
Franchise Fee
(10%)
45.62
51.43
91.24
102.86
136.85
154.28
182.47
205.71
228.09
257.14
273.71
308.57
319.33
360.00
Administrative
Fee
.35 .35 .35 .35 .35 .35 .35
Total Fee 502.15
566.06
1003.95
1131.77
1505.74
1697.47
2007.54
2263.18
2509.34
2828.89
3011.14
3394.60
3512.94
3960.31
Commercial/Multi-Family Rolloff Containers:
Commercial/Multi-Family Permanent Roll-Off Containers:
Permanent open-top roll-off container: Two hundred twelve dollars and seventy-nine cents
$212.79 Two hundred thirty dollars and twenty-eight cents $230.28 (Includes franchise fee for
haul excludes disposal and franchise fee on disposal) per pi ckup plus disposal cost and franchise
fee
Compactors: Two hundred twelve dollars and seventy-nine cents $212.79 Two hundred thirty
dollars and twenty-eight cents $230.28 (Includes fr anchise fee for haul excludes disposal and
franchise fee on disposal) per pickup plus disposal cost and franchise fee
PLUS monthly container maintenance fee
15 Yard $250.00
20 Yard $295.00
30 Yard $345.00
40 Yard $395.00
ORD. NO. 32-11 10
Excludes commercial recycling containers and constructio n/demolition debris.
Commercial 95-Gallon Cart Service (Does not apply to residential service)
Pickups Per Week
1 2 3 4 5 6
Collection 23.65
25.59
47.30
51.18 70.95 76.77 94.60
102.36
118.25
127.95
141.90
153.54
Disposal 6.08 12.16 18.24 24.32 30.40 36.48
Container Maintenance Fee 2.00 2.00 2.00 2.00 2.00 2 .00
Total Contractor Fees 31.73
33.67
61.46
65.34 91.19 97.01 120.92
128.68
150.65
160.35
180.38
192.02
Franchise Fee (10%) 3.17
3.37
6.15
6.53 9.12 9.70 12.09
12.87
15.07
16.04
18.04
19.20
Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35
Total Fees 35.25
37.39
67.96
72.22
100.66
107.06
133.36
141.90
166.07
176.74
198.77
211.57
NOTE: The foregoing rates are based on forty-two dollar s ($42.00) per ton per cubic yard), which is
the anticipated Solid Waste Authority tipping fee to be ef fective October 1, 2011.
NOTE: Government buildings shall be charged the regular commercial customer rate, but shall not be
charged for disposal fees, where the Contractor receives th e appropriate disposal credits from SWA.
ORD. NO. 32-11 11
Sidewalk Containers
Waste Management currently picks up individual thir ty-gallon cans along Atlantic Avenue, the beach
area, and Pineapple Grove. Out of a total of one hu ndred four (104) containers, eighty-four (84) do no t
have property control numbers and, therefore, the C ity is not charged for disposal costs by the Solid
Waste Authority. Waste Management, by contract, doe s not charge the City for collection costs but
should be paid for their disposal costs. Since the Solid Waste Authority does not reimburse Waste
Management for these disposal costs, it should be the respon sibility of the City to reimburse them.
The City will be billed eleven thousand forty-six d ollars and sixty-seven cents ($11,046.67)
annually or $920.56 monthly in arrears which will be compute d as follows:
Eighty-four (84) thirty-gallon containers picked up six (6) times per week Forty-two
dollars ($42.00) per ton disposal rate charge by SW A = Two dollars eighty-one cents
($2.81) per cubic yard
Thirty-gallon container = .15 cubic yards
Eighty-four (84) containers × .15 cubic yards × six (6) pickups per week × fifty-two
(52) weeks × two dollars eighty-one cents ($2.81)= eleven thousand forty-six dollars
and sixty-seven cents ($11,046.67)
Waste Management will be picking up trash at the ne wly installed bus shelters. The City will be billed
thirty-six thousand nine hundred seventy-seven doll ars and seventy-two cents ($36,977.72) annually or
$3081.48 per month in arrears forty thousand eight dollars and twenty eight cents ($40,008.28) annuall y
or $3334.02 per month in arrears which will be computed as fo llows:
$15.13 Rate per pick up X 47 Bus Shelters X 1 Servi ce Per week X 52 Weeks per Year=
$36,977.72 Thirty-six thousand nine hundred seventy -seven dollars and seventy-two cents.
$16.37 Rate per pick up X 47 Bus Shelters X 1 Servi ce Per week X 52 Weeks per Year=
$40,008.28 forty thousand eight dollars and twenty eight c ents.
The Contractor shall be allowed to charge the Speci al Services rates, as set forth in Exhibit 1 of the
Franchise Agreement, if the Contractor performs any of the services listed on the special services
exhibit. The City’s franchise fee shall be applied to these r ates.
Section 2. That all ordinances or parts of ordina nces in conflict herewith be, and the same are
hereby repealed.
ORD. NO. 32-11 12
Section 3. That should any section or provision o f this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remai nder hereof as a whole or part thereof other than t he
part declared to be invalid.
Section 4. That this ordinance shall become effective on Oc tober 5, 2011.
PASSED AND ADOPTED in regular session on second an d final reading on this 4 th day of
October, 2011.
______________________________
M A Y O R
ATTEST:
__________________________________
City Clerk
First Reading _______________________
Second Reading _____________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 2, 2011
SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
ORDINANCE NO. 32 -11
ITEM BEFORE COMMISSION
This ordinance is before Commission for first reading to amend Chapter 51 “Garbage and Trash” of the
Code of Ordinances by modifying Section 51.70, “R egular Charges Levied” to provide for increased
residential and commerical collec tion service rates for FY 2012.
BACKGROUND
Garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended.
1. Residential customers should see approximately a 7.7% increase in their ra tes due to a 4.0%
increase in the CPI and a change in the fuel surcharge credit from minus 6% to minus 2%.
2. Commercial rates were also adjusted by the CPI, fuel surcharge, and the disposal rate
increase imposed by the Solid Waste Authority.
All rate changes have been reviewed and approved by Waste Management in accordance with our
contract. These rates go in to effect October 5, 2011.
RECOMMENDATION
Recommend approval of Ordinance No. 32-11 on first reading. If passed, a public hearing will be
scheduled for October 4, 2011.
Page 1of 1 Coversheet
9/22/2011 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=4867&Meetin g ID=330
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 22, 2011
SUBJECT:AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
ORDINANCE NO. 34 -11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing to approve an increase of the parking meter
fees from $1.25 to $1.50 per hour in all metered pa rking spaces, an increase to the cost of the annual
beach parking permit from $80.00 to $90.00 per year , and creation of a new permit classification of
Senior Beach Parking Permit at a cost of $95.00 per year.
BACKGROUND
At the first reading on September 20, 2011, the Com mission passed Ordinance No. 34-11.
RECOMMENDATION
Recommend approval of Ordinance No. 34-11 on second and final reading.
ORDINANCE NO. 34-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, “PARKIN G
REGULATIONS” OF THE CODE OF ORDINANCES BY AMENDING
SECTION 71.058, "COST OF PARKING OR STANDING VEHICL ES IN
CERTAIN METERED SPACES", TO PROVIDE FOR A PER HOUR
METER FEE TO BE CHARGED AND LISTING THE PARKING LOT S
AFFECTED; AND BY AMENDING SECTION 71.060, “PARKING
METER PERMITS”, TO ESTABLISH A SENIOR BEACH PERMIT
PROGRAM AND COSTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to allow for an increase
in parking fees; and
WHEREAS, the City Commission further desires to est ablish a Senior Beach Permit Program in the
parallel spaces on Ocean Boulevard (SR A1A) without paying for meters.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 71, “Parking Regulations”, of the Code of Ordinances of the City of Delray
Beach, Florida, is amended by amending Subsection 7 1.058, “Cost of Parking or Standing Vehicles in Cer tain
Metered Spaces”, to read as follows:
Sec. 71.058. COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES.
(A) The cost of parking or standing a vehicle in a p arking meter space located in the Orange
Grove (Marriott Hotel North) parking lot, the Ingra ham Avenue parking lot, the Gleason parking lot,
and in the parking lots at Atlantic Dunes Park, Anc hor Park, and Sandoway Park, shall be One Dollar
and fifty twenty-five cents ($1.50 1.25) per hour. The cost of parking or standing a vehicle in a par king
meter space located along State Road A-1-A and Atla ntic Avenue, east of the Intracoastal Waterway
(ICW), shall be One Dollar and fifty twenty-five cents ($1.5 0 1.25) per hour.
(B) The only coins which the meters accept are United States c urrency.
Section 2. That Chapter 71, “Parking Regulations”, of th e Code of Ordinances of the City of Delray
Beach, Florida, is amended by amending Subsection 71.060, “Parking Meter Permits”, to read as follows:
Sec. 71.060. PARKING METER PERMITS.
(A) A "parking permit" may be purchased from the C ity by all persons which shall authorize the
parking of the vehicle for which the permit was acq uired in any designated permit-only parking space a nd in
any parking meter space located within Anchor Park, Sandoway Park, Orange Grove Lot, Atlantic Dunes, a nd
Ingraham Avenue parking lots without requiring the payment of money into the space's parking meter.
2
ORD. NO. 34-11
(B) The cost of a parking permit shall be eighty n inety dollars ($80.00 90.00) per year, plus
applicable taxes.
(C) A “senior beach permit” may be purchased from the City by all persons aged 62 and over which
shall authorize the parking of the vehicle in the p arking areas designated for a “parking permit” and in addition
shall authorize the parking of the vehicle in any p arallel parking space on Ocean Boulevard (State Roa d A-1-A)
without requiring the payment of money into the space’s park ing meter.
(D) The cost of a senior beach permit shall be nin ety-five dollars ($95.00) per year, plus applicable
taxes.
(C)(E) Each permit shall cover the period from Oct ober 1 through September 30. There shall be no
proration of the permit fee. The application proced ure and the form of the permit shall be determined by the
City administration. It shall be illegal to deface a parking permit or to transfer a parking permit from the vehicle
for which it was acquired to any other vehicle. However, if t he parking permit sticker and other sufficient proof
is submitted to the City, and when approved in adva nce by the City Manager or his designee, the parkin g
permit sticker may be exchanged for a new sticker a nd the parking permit transferred to a substitute v ehicle
acquired by the permit holder subsequent to the issuance of t he original parking permit.
Section 3. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such deci sion shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declare d to be
invalid.
Section 4. That all ordinances or parts of ordinanc es in conflict herewith be, and the same are
hereby repealed.
Section 5. That this ordinance shall become effecti ve immediately upon passage on second and final
reading, however enforcement shall occur at such ti me as a meter is reprogrammed or replaced to reflec t the
new rate.
PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of
___________________, 2011.
______________________________________
ATTEST: M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Aronson, Parki ng Management Specialist
Richard C. Hasko, PE, Director of Environmental Services
THROUGH:David T. Harden, City Manager
DATE:September 14, 2011
SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011
ORDINANCE NO. 34 -11
ITEM BEFORE COMMISSION
The item before the City Commission is a first read ing of Ordinance 34-11 providing for an increase to
the parking meter fees from $1.25 to $1.50 per hour in all metered parking spaces, an increase to the
cost of the annual beach parking permit from $80 to $90 per year, and the creation of a new
permit classification of Senior Beach Parking Permit at a cost of $95 per year.
BACKGROUND
Ordinance 46-09, adopted September 22, 2009, incr eased parking meter fees from $1.00 to $1.25 per
hour for parking in metered parki ng spaces on Atlantic Avenue, Ocean Boulevard, (SR A1A) and all
parking lots.
Ordinance 49-08 adopted November 3, 2008 increased the cost of the Beach Parking Permit, identified
in Section 71.060 of the City Code of Ordinances from $60 to $80 per year.
During the City Commission Workshop of August 30, 2011, the consensus was to increase parking
meter fees from $1.25 to $1.50 per hour and Be ach Parking Permits from $80 to $90 per year.
In addition to these increases, di rection was provided to establish a new classification of Beach Permit
for Senior Citizens; which, for an additional $5.00 ($95.00 plus tax per year) would allow use o f
p arallel spaces on Ocean Boulevard, (SR A1A), south of Mirimar St. and north of Atlantic Avenue
available to persons age 62 and older at the time of purchase.
Ordinance 34-11 is before you, and incorporates th ese changes in accordance with the direction
provided.
RECOMMENDATION
By motion, approve on first reading Ordinance 34-11, increasing parking meter fees to $1.50 per
hour, increasing the standard Beach Pa rking Permit to $90 dollars plus tax, and creating a Senior Beach
Permit for persons 62 years and older at time of purch ase, to utilize parallel parking spaces in Ocean
Boulevard, (SR A1A) for $95 plus tax, per year.
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:September 22, 2011
SUBJECT:AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
ORDINANCE NO. 35 -11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing to approve amending Chapter 92, "Boats and
Boating", by amending Section 92.15, "Docking Licen se for Excursion Boat Operations", Subsection
(E), "Short-Term Agreement", to modify the permit fee; and by amending subsection (G), "Use of
Docks at Veterans Park", to increase the mooring ti me for excursion boats at Veterans Park.
BACKGROUND
At the first reading on September 20, 2011, the Com mission passed Ordinance No. 35-11.
RECOMMENDATION
Recommend approval of Ordinance No. 35-11 on second and final reading.
ORDINANCE NO. 35-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND
BOATING", BY AMENDING SECTION 92.15, "DOCKING LICENSE FOR
EXCURSION BOAT OPERATIONS", SUBSECTION (E) “SHORT-TE RM
AGREEMENT”, TO MODIFY THE PERMIT FEE; AND BY AMENDIN G
SUBSECTION (G) “USE OF DOCKS AT VETERANS PARK”, TO
INCREASE THE MOORING TIME; PROVIDING A GENERAL REPE ALER
CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach des ires to modify the rate structure
for permit fees and to increase the mooring time for excursion boats at Vete rans Park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY
OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 92, "Boats and Boating", Section 92.15, "Docking Licens e for
Excursion Boat Operations", subsection (E), [Short-Term Agreement] is hereby amended to read as
follows:
Section 92.15 DOCKING LICENSE FOR EXCURSION BOAT OPERATIONS
(E) [Short-Term Agreement] Upon approval of the license application by the Director of Par ks
and Recreation, the person or firm shall enter into a short-term l icense agreement with the City. After
execution of the license agreement, the person or firm may obta in a permit to operate the excursion boat.
The fee for each permit is two hundred fifty-dollars ($250.00) three hundr ed dollars ($300.00) and
authorizes the operation of the excursion boat from Veteran’s Par k for a period of one day during the hours
of 9:00 a.m. to 10:00 p.m. 8:00 a.m. to 11:00 p.m.
Section 2. That Chapter 92, "Boats and Boating", heading, "General Provisi ons", Section
92.15, "Docking License for Excursion Boat Operations", subsection (G), “[Use of Docks at Veterans
Park]” is hereby amended to read as follows:
Section 92.15 DOCKING LICENSE FOR EXCURSION BOAT OPERATIONS
(G) [Use of Docks at Veterans Park.] The municipal docks at Ve terans Park may be used by the
excursion boat which has obtained a permit from the city. At t he time the excursion boat is loading or
2 ORD. NO. 35-11
disembarking passengers, the captain of the boat shall remain w ithin five (5) feet of the vessel. An
excursion boat shall not moor to the docks for longer than thirty (30) sixty (60) consecutive minutes.
Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby, repealed.
Section 3. That should any section or provision of this ordinance, or any p ortion thereof, or any
paragraph, sentence, or word be declared by a court of competent j urisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part the reof, other than the part declared to
be invalid.
Section 4. That this ordinance shall become effective upon adoption on second and final r eading.
PASSED AND ADOPTED in regular session on second and final reading on this the ____ day of
_________________, 2011.
__________________________________________
ATTEST: M A Y O R
________________________
City Clerk
First Reading _____________
Second Reading ___________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Linda R. Karch, Direct or of Parks and Recreation
THROUGH:David T. Harden, City Manager
DATE:September 16, 2011
SUBJECT:AGENDA ITEM 12.C. - REGULAR COMMISSION MEETI NG OF SEPTEMBER 20, 2011
ORDINANCE NO. 35 -11
ITEM BEFORE COMMISSION
The item before Commission is consideration of an ordinance amending Chapter 92, "Boats and
Boating", by amending Section 92.15, "Docking License for Excursion Boat Operations", Subsection
(E) "Short-Term Agreement", to modify the permit fee; and by amending subsection (G) "Use of Docks
at Veterans Park", to increase the moori ng time for excursion boats at Veterans Park.
BACKGROUND
This ordinance amendment is before Commission fo r approval to increase permit fees from $250 to
$300 per excursion and increase the operation hours fro m 9:00 a.m. - 10 p.m. to 8:00 a.m. -11:00
p.m. for excursion boats at Veterans Park. The or dinance also increases the mooring time for excursion
boats from thirty (30) to sixty (60) consecutive minutes.
This permit fee rate increase has not been changed in several years and is compatible with other
municipalities. The change in time is at th e request of the excursion boat operators.
RECOMMENDATION
Staff recommends approval of Ordinance No. 35-11 on first reading.
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 14, 2011
SUBJECT:AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
RESOLUTION NO. 48 -11/CRA/CONTRACT FOR SALE AND PURCHASE
ITEM BEFORE COMMISSION
Staff requests approval of Resolution 48-11 and the Purchase and Sale Agreement for 133 S.W. 12 th
Avenue.
BACKGROUND
Resolution 48-11 adopts and includes the Contract for Sale and Pu rchase between the City and the CRA
for the vacant property located at 133 S.W. 12 th Avenue. This property will be used to allow for be tter
coordination and utilization of the Neighborhood Re source Center. The cost of this purchase is ten
dollars ($10.00). This transaction has been adverti sed and is ready for approval by the City
Commission.
RECOMMENDATION
Staff recommends approval of Resolution 48-11.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:September 26, 2011
SUBJECT:AGENDA ITEM 10.E1 - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)
ITEM BEFORE COMMISSION
Staff requests approval of the Interlocal Agreement between the City and CRA regarding the property
located at 133 S.W. 12 th Avenue.
BACKGROUND
The Interlocal Agreement provides that the CRA will contribute a maximum amount of $67,815.00 to
the City to assist in the cost of the design and co nstruction of a structure to accommodate expansion of
the Neighborhood Resource Center.
RECOMMENDATION
Staff recommends approval of the Interlocal Agreeme nt.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Scott Pape, AICP, FCP, Senior Planner
Paul Dorling, Director of Planning and Zoning
THROUGH:City Manager
DATE:September 28, 2011
SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF OCTOBER 4, 2011
ORDINANCE NO. 39 -11
ITEM BEFORE COMMISSION
Consideration of a City initiated text amendment to the City Code of Ordinances Section 72.02 to
modify the City’s bicycle definition to conform wit h the State Statute’s bicycle definition.
BACKGROUND
The proposed definition change is one of several ch anges being processed in connection with the
establishment of The Electric Experience at 1047 Ea st Atlantic Avenue. This business wants to rent
bicycles, including those with electric-helper motors, to the general public. The current rental of
sporting goods and equipment category (which includ es bicycles) in the Land Development Regulations
is limited to non-motorized goods and equipment. However, the current State of Florida definition of
bicycles includes bicycles with electric helper mot ors. The proposed modification would make the
City’s definition of bicycles consistent with the S tate’s definition. In addition, LDR amendments being
initiated by the applicant for The Electric Experie nce will clarify that bicycles with an electric hel per
motor are the only motorized equipment permitted in the “Rental of Sporting Goods Equipment” use
category.
RECOMMENDATION
By motion, approve the amendment to Code of Ordinan ce Section 72.02 (Bicycle Definition).
ORDINANCE NO. 39-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 72, “BICYCL ES”,
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEA CH,
FLORIDA, BY AMENDING SECTION 72.02, “DEFINITION”, T O
CONFORM WITH STATE STATUTE DEFINITION OF BICYCLE AN D
TO PLACE FURTHER LIMITATIONS ON MOTORIZED BICYCLES;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUS E,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its Code of
Ordinances to conform with the definition of “bicycle” as se t forth in Florida Statutes Section 316.003(2); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to place further
limitations on motorized bicycles.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 72, "Bicycles", Subsection 7 2.02, “Definition”, of the Code of Ordinances
of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
For the purpose of this Chapter the following definition sha ll apply unless the context clearly indicates or
requires a different meaning:
Bicycle. Every vehicle propelled solely by human po wer, or any moped propelled by a pedal-activated he lper
motor with a manufacturer's certified maximum ratin g of one and one-half brake horsepower, upon which any
person may ride, having two (2) tandem wheels, and including any device generally recognized as a bicy cle
though equipped with two (2) front or two (2) rear wheels. T he term does not include such a vehicle with a seat
height of no more than twenty-five (25) inches from the ground when the seat is adjusted to its highes t
position, or to a scooter or similar device.
Bicycle. Every vehicle propelled solely by human power, and every mot orized bicycle propelled by a
combination of human power and an electric helper motor with an average power of no m ore than 750
watts (1 horsepower) and which is capable of propelling the vehicle at a speed of not more than 20 miles
per hour on level ground upon which any person may ride, having two tandem wheels, and incl uding any
device generally recognized as a bicycle though equipped with two front or tw o rear wheels. The term does
not include such a vehicle with a seat height of no more than 25 inches from the ground when the se at is
adjusted to its highest position or a scooter, moped, or similar device. No pers on under the age of 16 may
operate or ride upon a motorized bicycle.
2 ORD. NO. 39-11
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such deci sion shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declare d to be
invalid.
Section 3. That all ordinances or parts of ordinanc es in conflict herewith be and the same are
hereby repealed.
Section 4. That this ordinance shall become effective upo n its passage on second and final reading.
PASSED AND ADOPTED in regular session on second an d final reading on this the _____ day of
____________________, 2011.
____________________________________
M A Y O R
ATTEST:
_____________________________
City Clerk
First Reading__________________
Second Reading________________